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Sunday, May 27, 2012

Pity the State

By amicus • May 27th, 2012 • Category: Politics •3 Comments
Instead of letting the Election Commission form opinion in the matter of disqualification of Prime Minister Gilani, she has decided not to refer the question to the Election Commission relying on precedents that are not applicable / suitable.
The conviction of Prime Minister Gilani under Article 204 (2) by the Supreme Court and the Court’s observation that the findings and the conviction for contempt of court are “. . . . likely to entail some serious consequences in terms of Article 63 (1) g of the Constitution” for Prime Minister Gilani provided sufficient ground to conclude that the question had arisen whether Prime Minister had become disqualified from being a member of Majlis-i-Shoora and the Speaker was constitutionally bound to refer the matter to the Election Commission.
Although, prima facie, the Speaker’s decision is biased and mala fide or based at least on faulty understanding of law and facts, technically the matter has ended. Regardless of the Supreme Court’s decision in Prime Minister Gilani’s intra-court appeal, his position is presently safe from legal point of view.
If any petition is moved in the Supreme Court against the ruling of the Speaker, it would result in another time-consuming proceeding and maybe another intra-court appeal.
The whole episode has raised questions about the efficacy of our constitutional and legal system. It has served as yet another factor in eroding the people’s trust in democratic dispensation. First the vote of confidence passed by the National Assembly in a convicted Prime Minister and now a blatantly biased ruling of the Speaker has demonstrated that Pakistan’s democracy is dysfunctional.
No one would like the system to derail but such developments are ominous for the country. It is time one heeded to the observation of the Chief Justice which he made during the hearing of a petition in Quetta on May 23: “All major political players should keep in mind that non-implementation of the Constitution had led to imposition of martial law more than once.” Dys-functional State Order, is recipe for disaster. It is such an impasse when choice between State and Constitution is forced on the other functional state organs. We seem to have arrived there, the impasse.Constitutional deviation is logical out come of dys- functionality of organs of state. Deviation is justified when Constitutional Order implodes or explode. Right now we are heading towards, precisely that, implosion, collapse and anarchy

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