The social media is usually aggressive and abrasive and one question is repeatedly being raised there in context of the Panama Papers case. Why was the Supreme Court so slow and seemingly weak in dispensing justice in the matter?
The impatience in the minds of many is justified to some extent because they may have wanted quick results, as in a heavyweight-boxing title match that produces punches, counter punches and a decisive knockout. No one likes a draw or a decision on points.
Fighting those accused of mega-corruption — and doing within the legal and constitutional framework — is a demanding task. Those who pick up the courage to do so have to think and consider their strengths and weaknesses and pros and cons for months, even years, before they actually go in for the fight.
What has happened in Pakistan over the last 18 months or so is a typical example of such a contest and needs to be explained logically from the onset to the juncture where we stand today. Such an analysis will automatically tell us where we may be headed.
The turning point after the big Panama Papers leak was the moment about a year ago when the Supreme Court decided to take up the case. What happened before that is irrelevant now.
As if peeling an onion, the SC continued its efforts. It heard top lawyers from all sides inside the courtroom while ignoring media outbursts outside and watched the roller coaster of statements — oblivious but mindful of secret pressures, inducements, bribes, threats and dirty tactics.
This led to the 2-3 split judgement and the JIT which took off and built its own momentum. Dramatic appearances of the accused before the JIT ended in the 5-0 verdict and a knockout punch to end the marathon fight.
So how was all of this possible against the odds when all executive organs of the state under the direct control of the accused had ganged up to fight the law?
It was soon apparent that the legal battle would be taken to its conclusion and this would be done with the system remaining intact. We soon learnt that judicial and executive powers that be were on the same page in this regard.
In the meantime, the Army chief came out publicly and, repeatedly, asserted that corruption was the main cause of the dilapidated system in the country and that he would stand with the law and the constitution, wherever these may lead.
And the judges continue their mission — ignoring all else, including the GT Road March, repeated criticism of court and permanent institutions of the state.
This resolve not to let the system collapse has led to confusion in many minds that accountability has been slow and without desired results. The former PM has gone home but the Parliament and his party have not been disturbed. The jolted PML-N leadership, making angry noises for the ousted PM, has managed to quickly elect a new PM and form a new cabinet.
Even the institutions — like the State Bank, SECP, NAB, Election Commission, FIA, Ministry of Law, and Attorney General’s Office — that had failed to perform their duty as they assisted the accused party during the trial have not been touched.
The perception that the accused party exercised absolute control over these institutions has lingered on. People have started questioning whether anything changed at all.
We need a self-correcting system — carefully managed and run under the umbrella of democracy and rule of law. We don’t need political martyrs or victims
The decision that law and constitution had to be allowed to take their course, no matter if a bit slowly, has given rise to this impression of weakness.
Yet this signals the biggest positive change that has emerged after the Panama Papers case. Everything allowed under the rules of the game has proceeded but the powers-that-matter have firmly stood their ground.
Despite provocations by the ex-PM and his family members, who are abusing their right of expression and misusing state machinery and apparatus while hurling invectives at the judges and the generals — no action has been taken. The determination to pursue the course set by the July 28 judgment is evident in quick hearings of review petitions and dispatch of NAB cases to accountability courts under supervision of an SC judge.
Cases against other Sharif family like the Hudaibya Mills and the Multan Metro scam are also on the anvil. The Model Town report may also be made public soon.
The wheel of the law is grinding, causing cracks and cleavages wherever unavoidable. The former PM’s family has developed differences — CM Shahbaz Sharif and his son have almost abandoned Lahore, even if for a few days owing to Maryam Nawaz Sharif’s intrusion into their territory.
The PML-N’s internal structures are shaking. Chaudhry Nisar Ali Khan is openly opposing the ex-PM while still showing a preference for his brother. Both Nisar and Shahbaz are opposed to the confrontationist policy adopted by Nawaz Sharif and Maryam Nawaz, who is posing as the heir apparent. Many more may join them if the cracks widen.
There is no clarity whether Nawaz will return if he is again summoned by NAB courts, though there are reports that he may.
As the grinder moves on, and the forces of law and constitution keep pushing it firmly, those accused of mighty corruption may not be able to avoid consequences for their actions.
A senior Rawalpindi officer told me a few weeks back that curbing corruption was now the number one agenda but it will be pursued without upsetting the system. And that is how it should be. A self-correcting system — carefully managed and run under the umbrella of democracy and rule of law — creating no political martyrs or victims. We need neither.
The writer is a senior journalist. Twitter: @Ssehbai1
Published in Daily Times, September 15th 2017.