Justice Delayed is DEFINITELY Justice Denied - Supreme Court of Pakistan Lets Down a Nation that Holds this Institution in High Regard

Justice Anwar Zaheer Jamali, Chief Justice of Pakistan (Photo courtesy Samaa TV)

The deferment of a case against Pakistani Prime Minister for corruption and money laundering by a five member bench of the Supreme Court of Pakistan led by the Honorable Chief Justice has come as a complete shock to the nation especially after substantial hearing had been completed. The Supreme Court was expected to dispense justice and issue a verdict in this historic case, instead the Honorable Justices opted to go on vacation and leave the case unresolved. With the impending retirement of the CJ on December 31, 2016, it means a new bench will have to be formed by the incoming CJ and the entire hearing started anew. This is a classic case of JUSTICE DELAYED IS JUSTICE DENIED.

What is beyond logic is, why did the SC not hear the case on a day to day basis and complete this all important case several weeks ago. Also, the logic of CJ sitting on the bench knowing full well that his impending retirement could cause a major obstacle to the continuance and resolution of this case, is beyond comprehension.

The Supreme Court of Pakistan is held in high esteem by the public and when all else fails, people expect to receive a fair hearing and justice from this venerable institution. Leaving a case half way in this manner may seriously jeopardize the reputation of the last bastion of justice in Pakistan. God forbid, if people of Pakistan lose faith in this institution, then there will be no justice and no door left to knock at for righting the wrongs.

The Honorable Chief Justice does not retire until December 31 and to say there is no time left to finish this case is a gross injustice in itself. If the Honorable Chief Justice wants to leave his legacy and a mark as an upright and an outstanding jurist (which indeed he is without any doubt), then he should immediately recall the bench, cancel the vacation, complete the hearing and render a verdict before departing. Failing that, the deferment will be considered as Justice not appeared to have been done.

The famous Urdu poet of the subcontinent Mirza Asadullah Khan Ghalib once wrote about the injustice being dispensed to him in the following words:

Quote

Yeh musif khud bhi qaidi haen, hamein insaaf kiya dein ge
Likha hae in ke chehron par jo insaaf hum ko dein ge

End Quote

One is confident that the judiciary will do the right thing and history will judge the outgoing Chief Justice and the other four justices on the bench with reverence.

Pakistani Prime Minister found guilty in contempt case by the Supreme Court

In a unanimous 7-0 verdict, the Supreme Court of Pakistan found the Prime Minister, Mr. Yousaf Raza Gilani guilty of contempt under Article 63.1 (g) of the Constitution. Anyone found guilty under this clause, is barred from holding a public office for a period of five years.

Anywhere else in the world, the Prime Minister would have resigned immediately on moral ground, but this is Pakistan, where politicians morals rank pretty low. The ruling Pakistan People's Party is in defiant mood and will try to stretch it out as much as possible, but there is a constitutional limit to that too.

Two years ago, Supreme Court threw out the despised 'National Reconciliation Ordinance (NRO)', an outrageous law shamelessly crafted by then U.S. Secretary of State, Condi Rice and Musharraf the military dictator. It was to facilitate Benazir Bhutto's return to politics and to wipe out all corruption cases against her and her husband, Mr. Asif Ali Zardari, the current Pakistani President.

The Supreme Court instructed the Government (headed by the Prime Minister) to re-open  cases withdrawn earlier under NRO, regarding muti-million dollar kick backs received by and lodged in Mr. Zardari's Swiss bank accounts. The Prime Minister refused and this led to the guilty verdict today. The court gave a rather lenient punishment as it could have sent the PM to prison for up to six months, but not wanting to create a precedent of handcuffing a sitting PM, the punishment was only until rising of the court, which was less than a minute, however, the guilty verdict stands.

There is a difference of opinion amongst constitutional lawyers whether PM is disqualified immediately as  Member of National Assembly, thus ineligible to hold the office of PM or a due process has to follow. Chances are, a due process will follow. Once detailed judgment is available from the Supreme Court, Speaker of National Assembly has   to refer it to the Chief Election Commissioner within 30 days. The CEC is the final authority that can unseat a Member of National Assembly. So, Mr. Gilani may have a few more weeks.

There is also the appeal process to a larger bench of the Supreme Court, which the Prime Minister will most certainly go for, however, his chances of being exonerated are rather minimal. This being a matter of national and Constitutional importance, the Chief Justice may even consider forming a full bench, comprising all 19 justices, so as to give finality to the verdict. The larger bench could stay the current verdict or the 30 day clock could run side by side with the appeal process.