Daily times editorial Dec 18, 2009

Pandora’s box

As widely expected, the National Reconciliation Ordinance (NRO) has been unanimously struck down by a 17-member larger bench of the Supreme Court (SC) headed by the Chief Justice. Long before the much awaited short order of the SC was delivered after a suspense-filled wait of about six hours from the announced time of delivery at 4:30 pm, the rumour and speculation mills were already into overdrive, with our relatively recently acquired plethora of private TV channels in paroxysms and twisting themselves into several knots in trying to anticipate the verdict. Every one of us was finally put out of our misery when the Chief Justice read out the short order. It says, for reasons to be recorded in the detailed judgement to follow, that the NRO was void ab initio, and violative of various provisions of the constitution including articles 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227. Therefore all steps taken or orders made, relief given or benefit provided under the NRO is of no legal effect, stands reversed, and there is a return to the status quo ante of October 5, 2007 (the date of promulgation of the NRO). The order states that all cases withdrawn or closed because of the NRO stand revived, the accused in these cases should be summoned by the relevant courts, and all governments and concerned authorities should assist the courts in proceeding with reopening all these cases. Former Attorney General Justice (retd) Malik Qayyum has been put in the dock as having acted without lawful authority in withdrawing the Swiss cases against President Asif Ali Zardari and the late Benazir Bhutto. The verdict has not only ordered the federal government and other authorities to seek the revival of these Swiss cases, but also asked them to proceed against Qayyum under the law. The National Accountability Bureau (NAB) chairman, prosecutor general and assistant prosecutor general too have come in for a bit of stick and the court has suggested that the federal government make fresh appointments to these posts. These officials will continue in office until the fresh appointments, but they and their successors have been charged with filing periodic reports on progress in the NRO cases to monitoring cells to be set up in the SC and the provincial courts. Further, the Law Secretary has been directed to increase the number of accountability courts.
The dust has yet to settle on the verdict, but already the country is abuzz with feverish speculation about what comes next. Many if not all of the NRO beneficiaries have already been placed on the Exit Control List and arrest warrants issued by NAB against those charged with the most serious crimes and misdemeanours. Some in our fevered rumour mill circuit may be indulging in wishful thinking that this means the end of the present government, mid-term elections, etc. But the real focus is on President Zardari’s fate and future. There have been calls from the opposition for him to resign, but if his spokesman Farhatullah Babar is heard, the president has no intention of obliging his growing tribe of enemies. Neither the government, nor the president can be forced to go so long as the former retains its majority in parliament and the latter, enjoying immunity while in office, is not either impeached or his qualification ab initio as a candidate for the office of president is challenged and found wanting. These of course are the legal and constitutional means. Most sensible people would shudder at the prospect of any extra-constitutional means being employed, of which so far there are mercifully no signs, since past such methods have proved extremely damaging to the interests of the country. Let us hope that better sense and patience with the ways of democracy prevail.
Those not hit by the NRO verdict, whether in the ranks of politicians, bureaucrats, generals, etc, should not indulge in premature celebrations at the discomfort of their rivals or disliked personalities. The logic of the verdict points in the direction of the culture of accountability having been strengthened, and the possibility of this momentum carrying on towards across-the-board accountability. Those who have nothing to hide or be ashamed of in their past can sleep easy. Those with skeletons in their cupboards had better wake up to the rattling sounds emanating from their closets.