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Rumbling on


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THE Contempt of Court Act, 2012 is no more. Always likely to have only the briefest of existences, the law was gutted and then struck down in its entirety by the Supreme Court yesterday. While the latest round of the SC-PPP tussle will inevitably be located in the long-running saga of friction, reaction and worse, this time the matter was more clear cut. In a bid to save Prime Minister Raja Pervez Ashraf from parliamentary disqualification were he to also face contempt charges for not writing the so-called Swiss letter, the government concocted a poor piece of legislation that was always going to face intense judicial scrutiny for its purposeful elevation of certain individuals above the reach of the law. Even reasonable voices within the PPP who know a thing or two about the law had expressed their reservations about the new contempt law. But the government was on a mission and it wasn’t to be deterred — until, that is, the inevitable judicial review took place and the law was consigned to the waste bin of history, as happened yesterday.

With the contempt law out of the way, the larger question is what will happen when the hearings on the implementation of the NRO — now really just about the Swiss letter — resume on Aug 8. At the last hearing, the five-member bench had appeared to hold out an olive branch to the government and seemed genuinely interested in finding some kind of compromise solution. But thus far, the government has not indicated that it is willing to find a way to reach an acceptable compromise with the court. While rumour and speculation suggest that neither the court nor the government is interested in dragging out this matter much longer, the fact is that one or the other will have to make a meaningful gesture at this stage — and no one is clear how and when that will happen.

So on and on will continue the legal clouds over the political landscape, it seems. For a matter that began in 2009, there is a tiresome repetitiveness to the NRO issue and President Zardari’s alleged ill-gotten wealth from the 1990s that was once stashed away in Swiss accounts. Every time the path to an on-schedule election is seemingly cleared, a fresh hurdle appears on the scene. Undesirable as the situation is, there is perhaps a silver lining: at least the hurdles in the way of an on-schedule election have not been truly insurmountable so far. The democratic project could do without the headache of electing yet another short-term PM, but if it does come to that, the system itself doesn’t seem in imminent trouble.

Comments (5) Closed

Afaq Aug 04, 2012 02:18pm
This judgment is now a beginning to make the parliament hostage to the wishes of few judges. I know you shall not publish my comment but I am forced by my conscience to say it.
Iftikhar Husain Aug 04, 2012 11:53am
Very rightly pointed out in the editorial this cannot go on for ever parliamentarians have to come to a right solution to the episode. I see that the most learned lawyers are not coming out openly to defend the SC the country is bleeding and nobody is there to rescue.
Asif Ansari Aug 04, 2012 06:41pm
No-body can above the law. CJ take a good decision against this black law which was passed by the Zardari parliament. Every body think only for its own choices, nobody can think about the Pakistan. Raja Rental, must write the letter to Swiss government otherwise CJ do same, as the last bench did with Mr. Gillani. Pakistan First it is the Nation voice. Good DAWN.
wakhtar9 Aug 04, 2012 10:49pm
Decision of court is very beneficial for judiciary sovereignty.
Tarique Hussain Aug 05, 2012 12:18am
The 2012 Contempt law was ill timed, ill conceived and ill intentioned and the SC has done great service to the country to strike it down in its entirety. The Prime Minister now has no option but to accept and act upon the NRO judgement.