Deliberate defiance

FINALLY the expected confrontation the government was clearly planning on with the judiciary has come out overtly in the Attorney Generals refusal to implement the SCs order on the NRO, specifically on the issue of the Zardari Swiss accounts. While this has been the most direct refusal to enforce the SC verdict on the NRO, as some of the judges hearing the AG commented, it has been six months and the government has yet to open cases against NRO beneficiaries and move towards substantive implementation of the SCs NRO verdict. The frustrating part for the nation is that if the government is adamant in its defiance, how will the SC decisions be implemented and justice be done? It is not that the SC does not have the power to get its decisions implemented. After all, Article 190 of the Constitution states that all executive and judicial authorities shall act in support of the SC. The SC can call on any authority, to get any of its rulings implemented if a particular branch of the government refuses to comply. Additionally, Article 204 also gives powers for a court to punish those who disobey its orders, or abuse, interfere or obstruct its processes or does anything that can be constituted under the law as contempt of court. And let us not forget Article 2A of the Constitution that upholds the independence of the Judiciary. So why would the PPP seek to openly defy the SC and endanger its own governments survival? Why is the government determined to push itself towards contempt charges? But there is a larger issue here and that is of corruption. For the first time we are seeing the SC determined to expose and punish corruption and we are seeing most political leaders feeling uncomfortable with these developments. Take the case of the fake degrees. Both the major parties seem unable to admit the immorality of the issue as they again dole out tickets to the guilty. It is not that the graduation clause is not a requirement anymore. The issue is about lying and about faking documents. How can political parties allow such people to contest elections and enter Parliament, unless they condone and subscribe to deceit and corruption themselves? As for the PPP simply washing off the whole issue by stating that some court decisions are biased, this will not wash. The issue is fast becoming enforcement of judicial decisions more than the verdicts themselves. The SCs patience has so far been exemplary but there has to be a limit to this otherwise their unimplemented verdicts will become a mockery of justice undermining the Judiciary itself. That should be unacceptable to this nation which has fought so hard to finally ensure an independent judiciary. No one can be allowed to be above the law and the example must be set from the top of the leadership hierarchy.

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