The enormity of the crimes committed against Pakistan by the past government has made all contempt notices pale into insignificance when the consequences are taken into consideration. The recently resurfaced letters to the Swiss government have cast into doubt the very credibility of the government of Pakistan.
The letter has been signed by Yasmeen Abbassi, Federal Secretary to the Government of Pakistan, on the instructions of the Honourable Supreme Court of Pakistan. However, a second letter was issued by the same Federal Secretary to the Swiss court with instructions to ignore what had been written earlier! This has been termed a bombshell by the media, because the Government of Pakistan cannot be seen to be issuing contradictory statements to the same Swiss magistrate, who is in a quandary as to what course to follow. It is apparent that the second letter was written to protect the target of the enquiry who happens to be the president of Pakistan. It is obvious to all that the main people involved are Secretary Abbassi, the Law Minister Farooq Naek and some officers in the Presidency. The Supreme Court has been informed that the second letter is missing from the files of the law ministry. This in itself is a cause for concern.
It does seem that some Pakistan People’s Party (PPP)’s officials do not believe in the rules of government, and would prefer to use their own rules, which may run contrary to the norm, and may be criminal in effect.
It is now up to the Honourable Supreme Court to differentiate between a contempt of court and a criminal breach of procedure, which can carry a sentence much harsher. This can include fraud, concealment and criminal intent. It will also involve the beneficiary who will now have to be named by the Supreme Court. The PPP supporters are making a hue and cry, pleading victimisation. Surely these acts go beyond the scams that are considered the ‘norm’ for our political governments. But to remove or to add documents without due authorisation could lead to other governments doubting the veracity of the Pakistan government’s letters, and may request attestation at every stage. The question could arise: attested by who?
It is time the Supreme Court ensure that not only the writ of the state be clearly defined but the people who wish to violate it should be dealt with automatically under the law. And if the PPP or any other party wish to continue in this vein then they should be struck by the Political Parties Act, which should be amended to include a penalty for such acts. It is time the rules were reframed to bring all political parties under the law.
It is also time that the Supreme Court must correct the faultlines within the government. The Supreme Court is well aware of the continued contempt committed by PPP prime ministers at the behest of their party head, who is also the president of the country. Surely, this loyalty to the president does not extend to committing criminal acts in defence of the president? It is also obvious that both the PPP prime ministers in their actions continued to serve their own interests while intoning the loyalty mantra. The misuse of the immunity clause has caused damage, and perhaps should be done away with altogether. We Pakistanis have a penchant for abusing privilege whenever possible, claiming the right to do so, and now in the name of loyalty to the head of a party. It should be made clear that there is no right to any criminal acts for anyone, and there is no immunity. The Supreme Court must define for us the limits of the law. Surely, the immunity is not limitless. The law cannot continue ostrich-like, while functionaries of the state continue on their rampage. This situation needs the urgent attention of the Supreme Court before the expiry of the term of the president.
The writer is a freelance columnist