In a bid to safeguard the dignity of parliament, the treasury benches of the National Assembly passed a resolution in support of Speaker Dr Fehmida Mirza’s ruling in the Prime Minister Syed Yousaf Raza Gilani’s case.
However, the timing of the holy statement was more important than its text. The Supreme Court is might ready to announce its verdict on the speaker’s ruling case.
A set of petitions have been filed to challenge the speaker’s dismissal of the reference against the case for dismissal of the premier. Apart from the Pakistan Muslim League-Nawaz (PML-N), the Pakistan Tehreek-e-Insaf (PTI) also moved the apex court, which is not part of the parliament.
Apparently, the parliamentary resolution is going to be angled as institutional activism and this is all to pre-empt the apex court’s verdict.
It is like a warning from the ruling PPP that take whatever decision but do understand they are going to make this look like the containment of the people’s desire.
The apex court has only two options. In one case, the Supreme Court could either rule to be satisfied by the speaker’s argument while in second choice it could directly order Election Commission of Pakistan (ECP) to deseat Yousaf Raza Gilani from his seat. However, the latter’s approach would be confrontational.
The judiciary as opposed to political government, the opposition or the army cannot be asked to be careful with regards to how sensitive things are in the country and how the polity cannot sustain a constitutional crisis.
It would not be appropriate to make these demands of the court. It is not responsibility of the court to give the just rulings that wouldn’t harm the country. Rather, it is courts job to whip out the law and see what it says.
There are different schools of thoughts on how to interrupt the constitution. All of them claim to assess the spirit of the law better but all of them should be heard out without any discrimination.
The need of the hour is lesser of the drama and more of a legal and, indeed, academic debate.