ISLAMABAD: In view of the rigidity of PPP leadership that it will not honour the apex courts direction to write to the Swiss authorities even at the cost of another prime minister or even the system, a commission constituted by the Supreme Court can do the needful. The convicted and condemned former prime minister Yusuf Raza Gilani had opted to prove his loyalty to his party and the leadership instead of the Constitution and rule of law. The same is expected from the incumbent controversial Prime Minister Raja Pervaiz Ashraf.
In this situation, many areexpecting from the Supreme Court to invoke article 190 of the constitution to get the apex courts NRO judgment implemented through the Pakistan Army.However, the January 10 judgment of the SC already presents a perfect recipe for writing the letter to the Swiss or other foreign authorities for the reopening of corruption cases.
President Asif Ali Zardari has reiterated even after sacrificing Gilani that no prime minister belonging to the PPP would write the letter to the Swiss and other foreign authorities. The intentions of the ruling PPP are clear but the apex courts Jan 10 judgment has already hinted that this can be done through a commission.
Of the six options discussed in the judgment for the implementation of the NRO verdict, option no 3 reflects on the issue in an unambiguous way. It says: In exercise of its powers under article 187 of the constitution read with rules 1 and 2 of order XXXII of the Supreme Court Rules, 1980 and all other enabling provisions this court may appoint a commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr Mobashir Hassan (supra).
Article 187 of the constitution empowers the Supreme Court with unfettered powers to get its decisions executed. Article 187(1) says that the Supreme Court shall have the power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
After the conviction and disqualification of Gilani, all eyes are again focused on the Supreme Court for the implementation of the NRO judgment. The NRO implementation case is also scheduled to be heard by the Supreme Court on June 27 amid greater demands from political and legal fraternity that Pervaiz Ashraf must write the letter to the Swiss authorities.
Ironically the PPP leadership instead of respecting the court order is still involved in conspiring against the chief justice and the apex court.Despite an embarrassing failure of the recent conspiracy to attack the honourable CJ through trapgate, the PPP is considering amending the constitution to impeach the CJ or to create separate Supreme Courts for each province.
Although these nefarious objectives are hard to achieve and are likely to be opposed by the civil society, the legal fraternity and even political parties; still such moves reflect the mindset of the PPP leadership that is aspiring to bring back a controlled and tamed judiciary like the Dogar court.
