Possible Solution to Swiss letter and #Arsalan Ifthikhar case

The Middle Course

Khalid Munir

 

Country is in a Swiss letters quagmire state for the last four years. No matter how much the government denies there is obvious confrontation between SC and government. A country burdened with every sort of terrorism, to write or not to write a letter has become the prime issue. Pakistan is fighting a war in FATA against terrorism in which we have lost as many as 4000 soldiers. An estimated 30000 civilians have died due to suicide bombings. CIA drones are violating our sovereignty and targeting whatever they chose to destroy without any prior notice or information. Insurgency is evident in Balochistan. Shias are systematically targeted by extremists yet the biggest pastime of the nation is what will happen on next hearing.

 

No one realizes how much is being lost by institutions of the country. Government has lost its writ. Supreme Court too has become target of pro-government politicians and people who think that the federal government is being singled out in various cases. As discussions on NRO was not enough the accusation by Malik Riaz on Arsalan Ifthikhar son of Chief Justice has given chance to opponents to get even with Chief Justice and Supreme Court. I have not seen a sitting Chief Justice being ridiculed publically in print electronic and social media the way its being done now. A situation, embarrassing for all.

 

Oppositions who have no love lost for judiciary are siding with Supreme Court for their personal benefit. Government and its allies show their solidarity with the Prime Minister by accompanying him to Supreme Court,thus giving an impression of standoff between Judiciary and Parliament. A Prime Minister has been sent home by Supreme Court and there are likely chances that Supreme Court will do the same with the incumbent Prime Minister. PPP is bent upon obeying the orders and then appointing a new Prime Minister.

 

For how long this confrontation will continue. Pakistan can ill afford such instability at this critical phase. A middle ground has to be found to end this. My humble suggestion is that writing letter to Swiss authorities be postponed till President Asif Ali Zardari is the President and inquiry into Arsalan Ifthikhar case should be kept pending till retirement of Chief Justice Ifthikhar Mohammad Chaudhry.

 

PPP and its allies will object to the combining of the two cases. They may say that article 248 is very clear about the immunity granted to the President yet they are afraid to raise the issue of immunity in the courts, fearing that Supreme Court will interpret it differently. Though Supreme Court does not have the right to amend the constitution, yet if it decides against the immunity, what option government will have except to file a review petition? Government must realize that in this stand off, parliament is also losing its rights. Authority of parliament, speaker has already been eroded in the recent past. The more the stand off, the more powers parliament is likely to concede. That will be for all times to come. PPP must understand the difference between ‘can not’ and ‘will not’.           

 

Nevertheless people can certainly raise the query that how Arsalan Ifthikhar’s case could be interlinked with the letter to the Swiss authorities. They are interlinked in a sense there is a likelihood of two constitutional appointments getting affected by these cases. In Arsalan Iftatkhar’s case, if NAB or any investigation agency decides to call Chief Justice for questioning, what will be the reaction? A possibility of such an eventuality exists because at least two persons, Malik Riaz and Aitezaz Ahsan are on record that Chief Justice knew about it months before it surfaced. In case Chief Justice is called to appear before an inquiry, he will definitely ask for immunity which constitution provides him and chances are that he will not appear before. Why let the events reach  that stage. It will be an embarrassing moment for the nation. It is more of the respect of the appointments than of individuals. We will not like to see our Chief Justice standing in front of an inquiry or commission as much as we would not like our President to be cross examined by the Swiss magistrate.

 

My proposal to keep both cases pending till President and Chief Justice retire may not have legal bases, yet, that is what I feel is in the interest of Pakistan.