Political Crisis: ‘No One Should Be Above the Law’

Ishtiaq Ahmed

Islamabad: The Supreme Court of Pakistan, the highest legal authority in the country, after considering elaborate submissions by the learned counsels for petitioner Chaudhry Pervaiz Elahi of PML-Q and PTI and the respondent Hamza Shahbaz Sharif for PML-N and the coalition, ruled that the decision by “Deputy Speaker of the Provincial Assembly of Pakistan was patently incorrect and erroneous and cannot be sustained.

The governance of the Province of Punjab in accordance with the constitution has been subverted whereby the fundamental rights of the people have been seriously infringed”.

The language applied by the learned judges in their eleven-page summation is exceptionally strong. The use of words like “incorrect”, “erroneous”, “subverted”, and “infringed” suggests the extremely dim view taken by the learned judges of the deputy speakers’ unconstitutional ruling to disallow the 10 votes of the PML-Q.

The readers will recollect that following the by-elections in the  Punjab province won by the PTI by fifteen votes to five, the process for the election of the  Chief Minister was implemented on July 22 this month.

Accordingly, PML-Q Chaudhry Pervaiz Elahi received 186 votes and Hamza Shahbaz 179 votes in the Punjab Assembly. The 10 votes of the PML-Q were rejected by the deputy speaker on the basis of a letter written by the head of the PML-Q withdrawing the votes of his party’s elected members.

This turned the outcome of the vote in favour of Hamza with 179 votes to be elected as the Chief Minister.

Following this outcome, Chaudhry Pervaiz Elahi petitioned the highest legal authority in the land claiming that the ruling of the Deputy Speaker was not in line with the 63(1)(b) of the country’s constitution.

In furtherance of the ruling, the learned judges rescinded all the decisions and actions instigated under the previous administration of Hamza Shahbaz. The Punjab governor was directed to make arrangements for the administration of the oath to install Chaudhry Pervaiz Elahi by 11 pm yesterday ( 26^th July).

Failing this the  President of Pakistan will administer the oath.

Against this background, the Governor refused to administer the oath as directed by the Supreme Court. The Coalition leaders have also declared not to accept the decision of the apex court.

The public response to the much-awaited decision of the Supreme Court, on this most critical issue, thus far has been one of overwhelming joy. Hundreds of thousands of people spontaneously poured out onto the streets in the major cities of the country in exuberant jubilations and celebrations.

The decision of the coalition leaders thus far not to accept the decision of the apex court raises some serious questions about the legality of their response. Does this amount to contempt of the court?

Similarly,  does the refusal of the Governor to administer oath as directed by the Supreme Court also tantamount to contempt of the court?

 If the answer to these questions is yes then would those in contempt of the court be held accountable before the law? The contempt of the court is a serious matter which should not be put aside for political convenience. No one should be above the law.