Chief Justice Iftikhar Chaudhry assumes the role of champion of Pakistani democracy and constitutional propriety. A confrontation looms ahead between the judiciary and the executive. The Pakistani apex court’s decision to disqualify Prime Minister Yousof Gilani may or may not have been sound in law but it has injected a heavy dose of uncertainty in Pakistan polity. He was convicted of contempt of court in April for refusing to ask the Swiss government to reopen corruption cases against President Asif Ali Zardari. Now the Supreme Court has shown extreme judicial activism. The Pakistan judiciary is still fumbling with conviction of terrorists though the country itself is a victim of terrorism. Nor can it take a high moral stand. Justice Chaudhry had decided to try a case of corruption in which his own son was involved. Mounting criticism persuaded him to withdraw. During military rule, both the civilian leadership and the judiciary were targeted. Now they have fallen apart
The problem arises from Pakistan’s political ethos. Democratic institutions have been undermined from time to time and it is doubtful if there is a genuine respect for democracy. The civilian government is under constant threat. All this is happening when Pakistan’s economy is in the doldrums. Pakistan Peoples Party will select Gilani’s successor on Friday. One wonders if the new Prime Minister will have to reopen the corruption cases against President Zardari. That will seriously threaten the present democratic structure in Pakistan. India can view the development only with apprehension as its relations with Pakistan under Zardari and Gilani had been on the upswing.
