Intriguing hype over interim order

THE LEGALL COMMUNITY across the country appeared to be overjoyed at Supreme Court’s order of Monday restraining the Supreme Judicial Council hearing Presidential Reference against Chief Justice Iftekhar Mohammad Chaudhry from proceeding further until the main petitions, now to be heard on day-to-day basis by a 14-member full court from May 14, are adjudicated upon by the apex court. Sweet meats were distributed in Bar rooms and photographs of lawyers giving sweets to their colleagues were published by the media. It seems the battle had finished in the victory of the pro-CJP camp. However, one is intrigued by the celebrations participated mainly by lawyers belonging to or in sympathy with the Pakistan People’s Party. Incidentally, almost all the leading lights of the defence panel comprise the stalwarts of PPP including the main counsel Ch. Aitezaz Ahsan and Chief Justice Iftekhar chooses to travel in the vehicles belonging to PPP stalwarts. The impression that CJP has aligned himself with one particular political is probably not misplaced.
The country-wide protests by lawyers and opposition parties have already taken the form of anti-Musharraf agitation. The opponents of the Government maintain that people of Pakistan have held a referendum in which the present system stands overwhelmingly rejected. The ruling party is planning a mammoth pro-Musharraf rally on May 12 in the Federal Capital and Chief Minster Punjab Ch. Perviaz Elahi has claimed that this rally would be the biggest in Pakistan’s history. So, we have chosen to decide a constitutional issue through street demonstrations. This indeed is not healthy politics and betrays immaturity of opposition parties, lawyers’ community and now the stalwarts of the ruling alliance. If the turnout on May 12 is going to be as mammoth as claimed, shall we say that the Presidential Reference against CJP was legal and justified. The lawyers in particular must understand that the independence of the court is likely to be affected by street protests. Chief Justice Iftekhar is within his rights to address the Bar bodies but it is becoming obvious that he is trying to muster support through political means in his favour.
A judge should conduct himself with grace even if he is called upon to explain his conduct. This is precisely what Justice Iftekhar is required to do in regard to the pending Reference against him. Of course, the allegations against him are serious in nature but that does not mean that instead of pleading his innocence before the appropriate forum he should take his case before the public to adjudicate upon constitutional and legal issues. No wonder, Chief Justice Iftekhar is reported to have decided to take his case, what the press reports, to the “People’s Court”.
Without commenting on the merits or demerits of the Presidential Reference which President Pervez Musharraf has declared was based on considerations of state and above all personal considerations, one is simply astonished at the way the lawyers have reacted to apex court’s interim order. They would be well advised to be patient until the matter is finally adjudicated upon. The hype demonstrated by some TV networks on the interim order betrays immaturity and lack of understanding of judicial process.

Olmert cornered

ISRAEL’S Opposition leader Benjamin Netanyahu sums it up best, “The people are telling you a simple thing — you have failed. Accept the responsibility and go home.” But Prime Minister Olmert, unwilling to accept the writing on the wall, apparently has no intention of resigning.
Therefore, it is important to look into the impact of his continued presence will have on the health of the Knesset, the Israeli polity as a whole, and the Middle East region in general.
It bears noting that with hundreds of thousands in the streets asking for Olmert’s removal, approval ratings sometimes showing unprecedented zero per cent support for the PM, ruling party members, chairman and even the PM’s deputy asking for his scalp, the Israeli head of state certainly does not enjoy the support that is critical for a seat like his. Therefore, despite surviving three no-confidence motions in parliament, he is not going to regain political or personal credibility, meaning a rough run ahead for his government.
Indeed, the Israeli Press is already out with hammer and tongs, attributing US Secretary of State Condi Rice’s cancellation of next week’s Middle East trip to political instability in Israel. And it is true, without political and public backing, Olmert loses the trump card in peace negotiations. He, therefore, also finds himself with greatly diminished authority to chart Israel’s future course. As he is pushed further into a corner, he is likely to find bowing out the most prudent option.
However, his eagerness to save his political fortunes might just force him into a knee-jerk stride forward on the peace front. To counter the escalating domestic nosedive, he might go for international kudos by materialising some of the “painful compromises” he hinted at with the Palestinians. For that, he might also leverage the Saudi card, prompting optimistic Riyadh to hasten a settlement.
Since he’s not going for now, Olmert will have to wriggle like a veteran to avoid the axe. And with the public and the polity out for his blood, he may not have very long to make a meaningful, saving gesture. In all likelihood, hindsight will find his decision to stay less pragmatic than the contrary.

—Khaleej Times