The actual state of the rule of law casts a long shadow on Pakistan. This is long both in terms of its scope, and the gloom it brings as we peer into our future.
The reality of the rule of law as it actually operates in Pakistan will throw light on the esteem enjoyed by law in our society today, the writ of the government, and the crumbling of the state.
In the constitution of nearly every country of the world, situations are foreseen in which the ordinary laws of state are overwhelmed, and cease to function.
In every constitution there is a remedy provided for such situations. And this remedy is the declaration of a national emergency.
This proviso exists in our constitution as well. But the problem is that the sole power to recommend the imposition of a national emergency is vested in the Prime Minister of the country. And he will not use this power because his prime interest is to save the hides of the people who have brought this country to its present state–not to salvage the country.
And as the Prime Minister himself is the frontline player among this group, and so the country is going to the dogs.
The Supreme Court, which has previously taken suo moto notices of such frivolous misdemeanours as a B grade actress being caught with a couple of bottles of scotch on her person, seems to have blinded itself to the frail writ of the law in Pakistan, the infringement or open defiance of which is looked upon as a right of the sordid elite of the country.
It is said in a government no office remains vacant. The moment one officer is kept away from the office on any ground whatever, the next officer in line automatically moves up to fill the vacant position till the other returns.
In the case of Pakistan, the entire government is missing. No one can provide a remedy for this situation except the Supreme Court. And this it can only do if it first takes cognizance of the existing situation.
It is rare in Pakistan that both its Supreme Court and its army seem committed to the cause of the country at the same time. Yet this appears to be the case today.
The Supreme Court should thus take notice of the grave situation prevailing in Pakistan, and provide a remedy to correct it.
It can take such notice on the basis of Shahid Khaqan Abassi’s recorded statement that he still considers Nawaz Sharif, a convicted criminal, to be the bona fide Prime Minister of Pakistan, and takes instructions from him as such. That he, and by extension his cabinet, should be taking instructions from a criminal whom the Supreme Court, by unanimity, found unfit to hold this, or any other public office, should be a point of major concern for the Court.
In such brazen flouting of its judgement by the Prime Minister, the Supreme Court should find the opening to proceed against him and the offending members of his parliament.
Closing its eyes to such open and “in your face” infringement of the law, can only give rise to more disrespect for the law and the Court.
This cannot be good for the dignity of the “Me-Lords”, the sanctity of the Court, or for the prestige of the state.
Small holes sink big ships.