Nasim Ahmed


It was one of the most dramatic moments in Pakistan's political and judicial history. It was an awe inspiring spectacle as a sitting prime minister was called to the Supreme Court to hear in person the judgment in the contempt of court case against him that had lingered on for more than two months, keepimg the whole nation riveted in a state of nerve-racking tension.

After a long, hard and abrasive legal battle that the PM had fought through his lawyer who spared no trick in his bag to deflect attention from the main issue, the moment of truth finally came as the seven judges constituting the special bench entered the court room to announce their verdict. The silence was deafening as Justice Nasirul Mulk announced the unanimous verdict: the Prime Minister was guilty of contempt of court and sentenced to detention till the rising of the court. The punishment was symbolic, but its underlying message was unmistakable.

The short order read: "For the reasons to be recorded later, the accused Syed Yousuf Raza Gilani, Prime Minister of Pakistan/Chief Executive of the federation, is found guilty of, and convicted for, contempt of court, under Article 204 (2) of the Constitution of the Islamic Republic of Pakistan, 1973, read with Section 3 of the Contempt of Court Ordinance (Ordinance 5 of 2003) for wilful flouting, disregard and disobedience of this court's direction contained in paragraph number 178 of the judgment delivered in the case of Dr. Mubashir Hasan versus the Federation of Pakistan (PLD 2010 SC 265). After our satisfaction that the contempt committed by him is substantially detrimental to the administration of justice and tends to bring this court and the judiciary of this country into ridicule.

2. As regards the sentence to be passed against the convict, we note that the findings and the conviction for contempt of court recorded above are likely to entail some serious consequences in terms of Article 63 (1) (g) of the Constitution which may be treated as mitigating factors towards the sentence to be passed against him. He is, therefore, punished under Article 5 of the contempt of court ordinance (ordinance 5 of 2003) with imprisonment till the rising of the court today."

The verdict, which drew instant reactions both from the supporters and opponents of the government, exposed a deep cleavage in the national polity as well as confirmed that the ruling party is in no mood to abandon its confrontationist policy against the judiciary. Immediately after coming out of the courtroom the Prime Minister termed the judgment as inappropriate, while the Law Minister, underlining the government's official policy in the National Assembly, said that despite being convicted for contempt of court, Prime Minister Yousaf Raza Gilani will continue to hold the premier's post. Playing on the judiciary vs. Parliament theme, he also meaningfully added that the Speaker had the final prerogative to decide Gilani's fate. Addressing NA Speaker Dr. Fehmida Mirza he said: "You are the final arbitrator." Attorney General Irfan Qadir said the verdict was "unconstitutional and unlawful", while the Premier's lawyer described the Supreme Court's verdict as "beyond the scope" of the charges framed against him.

Following the conviction of the Prime Minister a dispute has arisen in the country over whether the Prime Minister stands disqualified or not. The government holds fast to the view that verdict has not affected Gilani's position as Prime Minister, but many constitutional experts are of the opinion that under Article 63 (1) (g) of the Constitution he is disqualified from holding public office and should resign as prime minister.

Under the rules, the Speaker of the National Assembly has 30 days to decide on a disqualification move while the Election Commission a further 90 days, which means that the premier can remain in office for four more months. The government also has a time limit of 30 days to file an appeal against the judgment.

On the basis of its past record as well as its latest statements, the government seems in no mood to act on the apex court's order in letter and spirit and will use various legal and procedural tactics to delay matters. But in doing so it will be playing on a very slippery wicket as it cannot go on indefinitely defying the Supreme Court without facing the consequences.

The threat of a new political and constitutional crisis looms large in the country as the main opposition parties, including the PML-N, Jamaat-e-Islami and Tehrik-e-Insaf, have in one voice called upon PM Gilani to step down in deference to the apex court's order. In their opinion, the PPP government has lost its moral authority to rule, and the only way out of the mess is to hold new elections. If the government remains adamant, they may file a new petition in the Supreme Court for the disqualification of the PM as well as launch a street agitation to force the government out of power. The nation must brace for stormy and uncertain days ahead.

-Cuttingedge