PPP gains

Side-effect
I am not a legal expert. But I am a student of political history and society. The prime minister of Pakistan was first convicted for contempt of court by a seven-member bench of the Supreme Court on April 26, 2012 and then disqualified by a three-member bench the other day. The decision has been implemented and a new prime minister has been nominated by the ruling coalition. Once the matter is not sub judice, and the verdict has been handed out, we as common citizens of the republic can analyse the merits or demerits of the decision and it impact on Pakistan's politics and society.
The legal analysts are better poised to look at the technicalities involved and the interpretation of the constitution by the honourable judges. However, it will be useful to see the remarks of Justice Markanday Katju, the former justice of the Supreme Court of India and currently the chairperson of the Press Council of India, since our courts keep referring to the judgements of the Indian courts.
Justice Katju quoted Section 248(2) of the Pakistani Constitution that states, "No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office." Then he asks that if the language of this provision is so clear, and it is universally held that when the language is clear, the courts are not supposed to find a different meaning of such a provision by allowing itself to reach a different interpretation, how proceedings on any criminal charges can be instituted or continued against the president. Corruption remains a criminal charge. Moreover, should the prime minister seek the confidence of parliament or of the court?
Let us now look at the impact on Pakistan's politics and society. The main petitioners, Nawaz Sharif and Imran Khan, see the court's decision as their legal and moral victory. In their respective views about themselves, their parties will win the next elections. Therefore, quite logically, they are now demanding fresh elections under an interim government.
Constitutionally, a neutral interim government will be formed anyway to hold elections. This is something that Imran tends to forget and keeps demanding. Perhaps he considers the head of the state as a part of the executive and wants him removed before the elections as well. Nawaz Sharif wants the president to go too but his party is represented in parliament and the leader of the opposition, belonging to the PML-N, will be a part of the team nominating the interim government.
As far as the PPP is concerned, the court's verdict of disqualifying its prime minister will revive its rank and file. The support of the party in its pet constituencies will not dwindle but increase. Some traditional PPP supporters, who had shifted to the fence due to the performance issues of the government, will shift back to their previous positions. For they see it as a judicial coup.
They see a case being picked up by the Supreme Court, suo motu, from more than 8000 cases mentioned in the National Reconciliation Ordinance, where the prime accused is their beloved slain leader, Benazir Bhutto.
The others, including the incumbent president, are the co-accused in that case. There is no decision on the IJI financing case against the PPP government in 1990 as yet. The Punjab government of Mian Shahbaz Sharif continues for five years on a stay order. And, most of all, the main petitioners in the disqualification case were Nawaz Sharif and Imran Khan. The PPP may very well return to power as a result.
The writer is an Islamabad-based poet and author. Email: harris.khaliquegmail.com