Thursday, June 14, 2018

Business Recorder Editorial June 14, 2018

The striking contrast

Nawaz Sharif has once again produced a litany of complaints in a press conference on June 11, 2018 about the way he is being treated in the cases against him after his counsel Khwaja Haris withdrew. The counsel found it impossible to represent his client to the best of his ability after the Supreme Court (SC) ordered an extension of one month to the deadline for wrapping up the references against Nawaz Sharif and his family in an accountability court, admonishing in the process Khwaja Haris for being unwilling to comply with the SC’s orders for hearings to be held seven days a week in order to meet the deadline. Although there exists a perception that Nawaz Sharif has been attempting to delay the proceedings (at least until after the July 25, 2018 general elections), Khwaja Haris painted a picture of cooperation with the accountability court, not asking for adjournments, and pointing out that it was the prosecution that had failed to proceed with the urgency inherent in the SC’s deadlines, with, according to him, the unprecedented monitoring of the accountability court cases by a SC judge, an assertion that is not correct. While the SC has allowed Nawaz Sharif to engage fresh counsel if Khwaja Haris cannot be persuaded to continue, this fresh process implies the very delay the SC order sought to avoid. Whatever the merits of Nawaz Sharif’s defence that is primarily based on procedure to the exclusion of any paper trail of transactions, the new counsel will have to acquaint himself with the voluminous case record before being able to do justice to his client’s cause. The emerging scenario suggests that the fresh SC deadline may well end up not being met either, and arguably the cases could drag on till after July 25.

Defenders of the extraordinary lengths to which the SC has gone to ensure Nawaz Sharif and family cannot take advantage of the alleged packing of all state institutions with their loyalists over the decades of being in or close to power may well have a point. However, there is also another extraordinary thrust by the SC in allowing former dictator Pervez Musharraf to return home after his blocked CNIC and passport are restored, guaranteeing he would not be arrested if he appears before the SC. The SC wishes to hear Musharraf regarding his appeal against being disqualified from participating in the coming elections. It should not be forgotten that this extraordinary concession and kid gloves treatment is being offered to a coup maker (ironically endorsed by the SC), a constitution-breaker (the Emergency in 2007), an accused in the murder cases of Nawab Akbar Bugti and Benazir Bhutto, a proclaimed absconder from justice whose properties have been ordered expropriated (which has yet to be given effect), etc. The caution and zeal with which the judiciary is pursuing Nawaz Sharif and family’s cases contrasts sharply with the wriggle room to a fugitive from justice who went abroad ostensibly for medical treatment and promised to return, but has since flouted his own commitment and the law by cocking a snook at Pakistan’s justice system. The SC may well be motivated in both instances by its interpretation of the Constitution, statutes and laws, but the striking contrast in approach has most legal luminaries and concerned citizens scratching their heads. It behoves the SC to take account of the seemingly mixed messages its contradictory jurisprudence may be sending out, and attempt a course correction so as not even unintentionally erode the dignity, respect and credibility of the judiciary. Particularly on the eve of a controversial and likely to be hotly contested election, the SC and the judiciary as a whole need to look beyond to preserve their critical role in a state and society that must abide by the rule of law, but in a consistent manner and ensuring due process.

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