Peeping into My Neighbor’s House: Gilani’s Removal by the Supreme Court of Pakistan

Peeping into My Neighbor’s House: Gilani’s Removal by the Supreme Court of Pakistan It is usual and customary that my wife often used to warn me when I peep into my neighbor’s house by frowning at me or calling upon me to do some other urgent domestic work so as to divert my attention. But, for the past few days, as an Indian I could not resist my temptation from peeping into my neighbor country Pakistan where an unprecedented judicial cum political episode, what they call it as a virtual judicial coup or a political vendetta, had taken place,when the Supreme Court of Pakistan removed the former Prime Minister Yousuf Razaa Gilani by a single stroke of pen.`While I admire at boldness of Iftikhar, the Chief Justice of the Supreme Court of Pakistan in triggering a judicial activism, it would be more right, if I call it a judicial over reach by the Supreme Court of Pakistan, I also wonder whether in a democratic country, the Court can remove a Prime Minister of a country just like that. It was even more shocking that the PPP accepted the verdict of the Court and immediately has chosen a successor in the former electricity minister of Pakistan. The events that led to the removal of Gilani by the Supreme Court of Pakistan were rather simple but very significant. Earlier, the said court ordered Gilani to reopen and investigate the Swiss bank case against Asif Ali Zardari involving as much as $ 15 million. Gilani refused to obey the order of the Court, thereby inviting its contempt. The speaker of the National Assembly did not take any action against Gilani either by way of suspension or disqualification. Hence, the Supreme Court of Pakistan by invoking an age-old constitutional provision passed an order to remove Gilani.as the Prime Minister of Pakistan. PPP swiftly reacted by accepting the verdict of the Court and electing a new Prime Minister, whose tenure will end by February, 2013. I just compare what happened in Pakistan with what is happening in India.The Supreme Court of India had passed an order many months ago directing the State of Karnataka to release 3 TMC of Cauvery water to the State of Tamil Nadu as adjudicated by the Cauvery water tribunal.But till date, Karnataka has been scrupulously disobeying the order of the Supreme Court showing scant.respect. The Chennai High Court, a few months ago had passed an order directing the Tamil Nadu Chief Minister to reinstate as many as 20,000 field workers known as Makkal Nala Paniyalarkal. Till date the order has not been obeyed. Perhaps India is a more vibrant democracy with a clear-cut compartmentalization of three institutions of democracy, the legislature, executive and judiciary without overstepping the domain of others. However, I cannot prove the act of the Supreme Court of Pakistan in removing Gilani, as the Prime Minister of Pakistan. Clearly, the Supreme Court had overreached or overstepped its limits.Though the Court has said that it had only followed a Bangladesh court’s decision as precedent in removing Gilani, it has flouted many democratic norms and basics. There is a saying ‘a King can do no wrong’ which does not mean ‘a King will never commit any mistake or wrong’ but for governing the people the king is above-board. Similarly according to the modern concept of democracy, the Prime Minister having been chosen from a party that has majorityt is only responsible and answerable to the party and indirectly to the people who chose his party to power. The other institutions of democracy such as executive and judiciary will know their limits and confine themselves within their limits. Thus by removing the Prime Minister of Pakistan Mr.Gilani, the Supreme Court of Pakistan has set a bad precedent and it may create recurring problems to the weak democracy in Pakistan. Who knows, the Supreme Court of Pakistan may also embark upon into similar exercises even against the new Prime Minister of Pakistan, thereby creating an uncertain future. .