Amazing how an inept, incompetent and generally-considered corrupt government has taken on the two most powerful national institutions. Its blatant defiance of the highest court of the country and point blank refusal to comply with some of the directives given in the verdict is not only unprecedented, but also reflective of a warped mindset. One may by way of an explanation, say that a government which owes its very existence to an unethical, if not altogether evil (since declared illegal), ordinance issued by a military dictator may not be expected to abide by the law or the Constitution if they conflict with its selfish or vicious interests.
To realise the extent to which elected highest-level officeholders can flout the court judgments and the provisions of the Constitution, one may refer to some of the observations contained in the Supreme Court order about implementation of its NRO verdict: “The learned Prosecutor General Accountability has gone on to submit that even in the matter of proceedings against Malik Mohammad Qayyum, a former Attorney General of Pakistan, a decision has been taken by the National Accountability Bureau not to initiate or take any proceeding, despite a clear direction having been issued by this court in that respect. The Chairman National Accountability Bureau has not only owned the above mentioned reports, but has adopted a defiant attitude.
“We have particularly noticed the defiant posture and position adopted by the Chairman and have been struck by his wilful disobedience to the earlier directions issued by this court…….they have consciously decided to defy and disobey this court…….in the present dismal and most unfortunate state of affairs the court is left with no other option but to, as warned in categorical terms on the last date of hearing, take appropriate actions in order to uphold and maintain the dignity of this court, and to salvage and restore the delicately poised constitutional balance in accord with the norms of constitutional democracy…….governance of the State and maintaining the constitutional balance and equilibrium cannot be allowed to be held hostage to political tomfoolery or shenanigans.
“The judgment cites Article 5 of the Constitution, which declares that (1) Loyalty to the State is the basic duty of every citizen. (2) Obedience to the Constitution and law is the inviolable obligation of every citizen and refers to the defiant statement of the Co-Chairperson of the PPP.
“In a recent interview to a private TV channel, the Co-Chairperson of the major political party in the ruling coalition at the federal level, who also happens to be the President of Pakistan, has categorically stated that under his Co-Chairpersonship his political party has taken a political decision not to obey some part of the judgment handed down by this court.
“Proceedings may be initiated against the Chief Executive of the federation, i.e. the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of this court by persistently, obstinately and contumaciously resisting, failing or refusing to implement or execute in full the directions issued by this court.
“The learned Attorney General for Pakistan is hereby put on notice to address arguments before this court on the next date of hearing, after obtaining instructions from those concerned, as to why any of the above mentioned options may not be exercised by us in these matters. It goes without saying that any person likely to be affected by exercise of the above mentioned options may appear before this court on the next date of hearing and address this court in the relevant regard so that he may not be able to complain in future that he had been condemned by this court unheard.”
Prima facie, the Prime Minister, according to the court, may not be an “honest” person on account of not being honest to the oath of his office and also not being an “ameen”. The President may also be found wanting in abiding by his constitutional oath.
As for the confrontation between the government and the army high command, there has been a hot exchange of words along with a show of strength on the part of the government manifested in the removal of the Defence Secretary, a post held by a retired Lt General, for his alleged illegal conduct. The Prime Minister’s accusation that the COAS and DG ISI had violated the law and the Constitution in submitting their replies in response to the court’s orders evoked a press release by the ISPR warning that Mr Gilani’s statement made in an interview to a Chinese media outlet had “very serious ramifications with potentially grievous consequences.”
Shrewdly enough, the PPP rulers have taken the matter to Parliament. They would like the august body to repose confidence in them and send out a message that they have the backing of the majority of the people’s representatives. Their coalition partners may, with some caveats to safeguard their own interests, go along with them. This could embolden them to continue in their wilful ways, for some time.
Much now will depend on what the Supreme Court’s larger bench decides when the hearing starts on January 16 about the six options enunciated in the earlier judgment. The findings of the Memogate Commission, too, would impinge on the way the country moves into the future.
One thing is clear. The elections are bound to be held this very year, possibly within the next four or five months. Another obvious fact is that the whole of the opposition, the Supreme Court, the armed forces and, by and large, the people of Pakistan, all want a change and a fresh mandate. If the discredited and incompetent government resists this call, the possibility of a people’s movement - long marches and mass protests - cannot be ruled out!
The writer is an ex-federal secretary and ambassador, and  political and international relations analyst.
Email: pacade@brain.net.pk