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There is no legal, constitutional middle way
 
August 16, 2012
 
 
There is no legal, constitutional middle way

LAHORE – There is no middle way in the law and the Constitution of Pakistan for implementing judicial orders, some senior lawyers believes. On the other hand, other jurists suggest that the PPP-led coalition government and the Supreme Court should reach a compromised solution to resolve issue of writing the letter to Swiss authorities.Talking to TheNation, Barrister Zafarullah Khan says when we talk about rule of law there is no other option except implementing the court orders.Khan is of the view that the Supreme Court is not a ‘panchayat’ (traditional village council) that settles disputes between two individuals or parties.“Government will have to act upon the court order and write letter to withdraw an earlier letter written by Malik Abdul Qayyum due to which the proceedings on the cases against Mr Zardari had been stopped in Switzerland. Otherwise, the PPP should get ready to lose another prime minister,” Khan says.He, however, suggested that before deciding the issue of letter to Swiss authorities, the superior judiciary should revisit its judgment in Dr Mubashar Hassan, declaring the NRO null and void because, according to him, there were some illegalities in the verdict.“Factual positions have not been stated in the judgment on Dr Mubashar Hassan’s petition,” Khan noted.Senior advocate AK Dogar, who was a counsel in a petition asking President Zardari to give up political office, has similar views.“Simply, there is no other option except to follow the Constitution, which bounds everyone to accept the court orders,” Dogar says.He is openly against the viewpoint that the government can write letter to Swiss authorities for reopening the cases, but at the same time, it should attach other documents, consisting relevant clause of Pakistani Constitution with the letter, vowing the president enjoys complete immunity; therefore, no criminal proceedings could be initiated against him.“The letter is to be written only according to the directives of the apex court stated in para 178 of NRO judgment,” Dogar clarified.Justice (r) Saeed-uz-Zaman Siddiqui has also given arguments in different interviews opposing any middle way in the executive-judiciary standoff on writing letter to Swiss authorities.However, another senior lawyer Khalid Ranjha has a different opinion, as he says the confrontation between the executive and the judiciary should end now, as the country and other functions are suffering because of the stalemate.“There is no other way but to find a middle way avoiding the disqualification of prime ministers,” Ranjha said.Supreme Court Bar Association President Muhammad Yaseen Azad also gives another suggestion for a middle way out. “In its judgment, Supreme Court had observed six options for the government regarding implementation of court orders. The apex court should give chance to the government to adopt two options out of the six that are: “Go to public for election or write letter by appointing a commission,” Azad said.The government has no other choice but to select of one of these options,” Azad is of the opinion. Legal and political circles are discussing these days that what will happen on August 27, the date fixed for hearing the NRO implementation case. Many suggestions are being given to the PPP and its coalition partners on the issue. Lawyers, who played active role in restoration of judiciary and are not ready now to comprise on the rule of law in the country, are unanimous in saying that implementation of judicial orders in the letter and spirit is must. However, the actual outcome would be revealed on August 27.

 
 
on epaper page 2
 
 
 
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