Legal pantomime

Published May 26, 2010

Law Minister Babar Awan leaves the Supreme Court building in Islamabad. Pakistans Supreme Court gave the government a two-week ultimatum to submit a report on steps being taken to re-open corruption cases against the head of state and other politicians. -AFP Photo/Farooq Naeem
ISLAMABAD Babar Awan was the coolest cat in Courtroom No 5 yesterday morning. At half nine, the law minister strode in to face five Supreme Court judges, wearing Terminator-style shades and chewing gum.

Was a Pakistani version of the Showdown at the OK Corral about to unfold? The alleged bandits versus the rule of law, each struggling to dominate the other?

Not on this day. Seconds into the hearing it was obvious there would be no fireworks. As Awan thanked the court for 'inviting' him to address the court, Justice Jawwad Khwaja interjected “We didn't summon the law minister.” Say what? Yep, it appears it was all a misunderstanding.

Justices Khwaja and Nasirul Mulk explained the bench had been at its wit's end trying to elicit from various officials what had been done to implement the NRO judgment. It had merely turned to the law minister in the hope of getting some answers. The court hadn't summoned him.

The retreat had begun.

It took Awan 15 minutes to get to what everyone was waiting for. “What about the Swiss cases?” he asked rhetorically. Yes, indeed. Backs straightened in the room.

What followed was an hour of legal pantomime. You almost felt sorry for the court reporter who had to keep track of nonsensical segues and random digressions.

Awan talked about letters, past and present. He talked about authorisations, good and bad. He talked about due process. He talked about sections 20 and 21. He talked about surprising discoveries; surprising surprises; and surprises he had discovered. He talked about what he can do and what he can't do, without specifying what belonged to which category.

Here's a particularly compelling twister “How can I follow a process when the process earlier was that there was no process?”

The judges let Awan talk, encouraging his haphazard digressions by asking follow-up questions. It was shambolic. It was probably exactly what Awan was hoping for.

The thrust of the law minister's arguments was relatively clear the law, at least as interpreted by Awan, prevents the government from writing to the Swiss authorities.

But Awan never came close to saying so directly because the judges never took the gloves off. The only hairy moment came towards the end when Justice Nasirul Mulk showed a flash of unhappiness over the law minister's inability, or unwillingness, to make a clear statement on the issue of the Swiss cases.

The let-off followed instantly, though. File a concise statement at the next hearing, Babar was ordered. And don't worry, you needn't appear in person, he was told.

The game was up. Light banter followed and laughter rippled through the courtroom. Mission accomplished crisis averted. Democracy 1, Instability 0.

Soon Awan was out the door, followed by the various ministers who had crowded into the small room. In days past they would stop to chat to reporters and well-wishers. Now they make a beeline for the cameras outside the court.

The lingering question, one which may dictate if there will be a next round does the SC continue to show an inordinate interest in the fate of President Zardari and the Swiss cases?

Here are some numbers. 5 justices. 1 law minister. 8,041 NRO beneficiaries. 90-minute hearing. 80 minutes substantive issues discussed. 65 minutes spent on matters related to the Swiss cases.

You decide.

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