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cheapbag214s · Posted: Sat 22:45, 17 Aug 2013 Post subject: in the court Epicentre

in the court Epicentre,[link widoczny dla zalogowanych]
Hardly known for lapping up Supreme Court verdicts as some holy avatar, the party almost gleefully bowed its head before a decision that had just seen its defiant prime minister being toasted on the judicial spike. A grudging submission to the principle of judicial supremacy - is that what we just saw at play here? A complete transformation of the rulers' heart and soul?
According to those privy to the mystifying workings of the inner most sanctums of power, the case is a simple one of someone having grown too big for his own shoes - or good. Ever since he took on the Supreme Court, the former prime minister had grown immensely in stature within his party apparatus and was surprisingly becoming a man of his own - perhaps a bit too much and too fast. During the past few months in particular, the prime minister's office had started flexing too much muscle and on more than one occasion had ignored some important directives from the presidency. Of course, nobody on either side is willing to say the same on record,[link widoczny dla zalogowanych], but the simmering tension was confirmed candidly in exhaustive background discussions.
"The president himself is quite miffed with him but both he and the PM know that under the present circumstances he (president) cannot send him packing. Funny as it may sound, it's actually the CJ who is our last hope to get rid of Gilani reasonably early and well before the next elections,[link widoczny dla zalogowanych]," was how one highly informed insider put it about four weeks back. The gentleman, arguably an immensely powerful former federal minister, has remained a close confidante of president Zardari for decades and is more of a personal friend than a party loyalist. If anyone would know the unsaid truth, he would.
Already,[link widoczny dla zalogowanych], there is also talk of the law being 'allowed' to take its course in the event of corruption and other charges emerging against the fallen prime minister and his industrious family members. And while Gilani may have been referred to as "my perennial prime minister" by President Zardari, he is clearly no longer the president's perennial favourite.
However, while the legal episode marking Gilani's exit may be over, legal worries of his political boss are not. A great deal of introspection is going on to ascertain past mistakes in the ongoing standoff with the Supreme Court on the Swiss letter issue. Gilani may have bitten the bullet but the issue of the unwritten question remains,[link widoczny dla zalogowanych], and continues to threaten the futures both of the president and his yet-to-be anointed new prime minister. The government has already signalled its continued defiance, with the president announcing that the new prime minister will not,[link widoczny dla zalogowanych], like the old one,[link widoczny dla zalogowanych], allow the "trial of BB's grave."
So what happens next on the legal front, pregnant with political ramifications? Will the government stick to its original stance and feed another prime minister to the judicial mince machine? Or will the court take it easy, avoid sacking another PM and preempt the threat of sending the system into a tailspin?
"Our future strategy will be decided by the initial reaction, or instigation of the SC vis-à-vis our new prime minister," said a top legal eagle of the government. Criticism of an 'activist SC' notwithstanding, consensus has emerged within the ruling echelon that the ruling party had botched up its own legal case. In what could be described as a catharsis of the bygone, the resurrected legal ace said, "The NRO petition should have been contested. We should have been a party to the NRO review. Aitzaz should have called the SC's bluff of asking him to plead presidential immunity and argue about it. The court could not have touched him on it; why he didn't do this is beyond me."
Another legal eagle said: "We should have filed an appeal against the seven-member bench. It's one thing to talk politics outside the courtroom and another to waste your legal options within. But from now onwards, we will not leave any legal option unexplored or go to waste. If the court wants a legal fight, it's got one on its hands."
This marks a radical change. In the last few months, as people tried to understand and explain the ruling party's rationale in taking on such a defiant stance on the Swiss letter issue and the PM's conviction, many predicted that the party's ultimate downfall would be that it had decided to fight politically what should been fought legally. In other words, the PPP decided to opt for a completely political strategy to the absolute neglect of available legal options. Now, it seems that better sense has prevailed and the party realises that hereon it is the legal in which refuge must be sought. Or rather legal arguments and deft political moves - that is the combination required, not activating one at the cost of the other.
The disqualification of Gilani had been on the wall for a while but the swiftness with which the final case was concluded and the verdict handed down took the ruling party by surprise. Certain moves including a really tough worded assembly resolution was in the process of being prepared but the government never got a chance to slip it in. But that does not mean that the claws have been pulled back in. While the government appears resigned to the fate of living with the incumbent CJ till the end of both parties' terms in office, work however has already begun to bring about some tactfully designed changes in the Constitution to further "clearly spell out" the jurisdiction and role of the SC. Aware of the sensitivity of public emotion and the opposition, both of which are expected to respond strongly against any perceived attempt to curtail the judiciary's power, extreme care is being exercised to sugarcoat this endeavor as one aimed at eliminating ambiguities pertaining to the domains of the executive and the judiciary rather than a covert attempt to tame the apex court. Whether this will be another futile attempt remains to be seen.
Understandably, while no one is willing to reveal the contours of the government's future legal strategy,[link widoczny dla zalogowanych], one thing is certain: the government has dug in its heels for a protracted battle and this time around, there will be bloody noses on both sides. Based on informal off-the-record discussions,[link widoczny dla zalogowanych], it can be safely presumed that were the SC to gun for the new PM - whether on its own initiative or compelled by some petition filed by another - there would first be a long drawn out fight several fronts: the question of the SC's jurisdiction of directly disqualifying a parliamentarian; of trying two different prime ministers on the same charge; presidential immunity under Article 248 of the Constitution, to name but a few. The government strategy this time around is to take the SC head-on on points of law and to unleash a parallel perception campaign that will raise questions about the 'real intent' of the court indulging in a zealous hounding of its leadership.
In a lighter aside and while taking a shot at the chief justice,[link widoczny dla zalogowanych], a former minister pointed out that while "the bench had declared the PM's office vacant since April 26th, the CJ was clearly not of the same view earlier; otherwise he would not have principally accepted Prime Minister Gilani's advice to the president to elevate Justice Azmat Saeed to the Supreme Court and appoint Justice Atta Bandial as CJ LHC."
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