As Reported by Delcan Welsh for The New York Times
The Supreme Court dismissed Prime Minister Yousaf Raza Gilani on Tuesday, drastically escalating a confrontation between the government and the judiciary and plunging the political system into turmoil.
Chief Justice Iftikhar Muhammad Chaudhry declared that Mr. Gilani’s office had been effectively vacant since April 26 when the court convicted him on contempt charges because he refused to pursue a corruption case against President Asif Ali Zardari, his superior.
Although the decision is unlikely to topple the government, many viewed it as the product of a grudge-driven tussle between Mr. Zardari and Justice Chaudhry, with the prime minister caught in the middle.
“The court has been gunning for the prime minister for a long time,” said Najam Sethi, a veteran political analyst. “Clearly there is a lot of politics in this.”
The order left Pakistan in a state of constitutional uncertainty, with the cabinet effectively dismissed. The court instructed Mr. Zardari to “ensure continuation of the democratic process” — words widely interpreted as an order to arrange the election of a new prime minister.
Legal experts said Mr. Gilani could not appeal the decision but that he may continue in an interim role until a successor is chosen. It was unclear what impact the decision would have on troubled negotiations with the United States to reopen NATO supply lines through Pakistan into Afghanistan.
As word of the ruling spread, Pakistanis held their breath for reaction from the ruling Pakistan Peoples Party, whose top leaders held an emergency session at Mr. Zardari’s house. Television stations reported that the party had agreed in principle to accept the court’s ruling, but a final decision was not expected until later Tuesday.
Shahbaz Sharif, a senior leader of the opposition Pakistan Muslim League-N Party, which instigated the court action, hailed the decision. “It upholds the supremacy of the law and the Constitution,” Mr. Sharif said.
But it calls into question the validity of all executive decisions made since April 26, including the passing of the federal budget. One commentator said it “opened a massive legal can of worms.”
Speculation swirled about the identity of a replacement prime minister; among the names circulating were those of the foreign minister, Hina Rabbani Khar, and various stalwarts from the party’s electoral heartland in Sindh Province and southern Punjab.
Any candidate, however, will need the approval of the P.P.P.’s coalition partners — smaller, ethnically centered parties based in Karachi, Lahore and Peshawar, who are likely to seek fresh concessions from Mr. Zardari in exchange for their votes in Parliament.
The court decision advanced the likelihood that general elections, scheduled to take place by next spring, could be brought forward.
Equally, however, Mr. Zardari may wish to first resolve some of the governance failures that have marred his government’s reputation, notably widespread power outages and system failures that have continued for years. The court decision coincided with street agitation in Punjab, the country’s most populous province, where rioters burned buildings and clashed with police in several cities on Monday and Tuesday to protest power outages.
“Law has become subservient to politics, but this government had it coming. It has been singularly inept,” said Mr. Sethi, the analyst. “They had six months to anticipate the power crisis, and now it is upon them.”
In dismissing Mr. Gilani, the court chose the strongest option. It could have referred Mr. Gilani’s case to the Election Commission of Pakistan, which could have taken up to three months to adjudicate the case.
It comes at the end of a tumultuous week for the court itself. Last week, a billionaire businessman made explosive accusations in court and in the media that he had given $3.7 million in kickbacks to Justice Chaudhry’s son in order to swing several cases his way. The furor over those accusations, centered on the judge’s son, Arsalan Iftikhar, is now likely to fade as the country grapples with its latest political crisis.
Mr. Gilani’s dismissal stems from longstanding demands by the court that Mr. Gilani write a letter to the authorities in Switzerland to seek to reopen a dormant corruption investigation into Mr. Zardari’s finances that started in the 1990s.
Mr. Gilani refused, arguing that he was unable to do so because the president enjoyed immunity from prosecution. And the prime minister signaled long ago that he was ready to be dismissed or face prison in the case.
After Mr. Gilani was convicted on contempt charges on April 26, the speaker of Parliament examined calls for his dismissal from public office. The court intervened after the speaker, who is a member of the ruling party, ruled that Mr. Gilani should not be dismissed.
“What will happen to independence of judiciary if speaker or Parliament tries to scrutinize judicial rulings?” Justice Chaudhry said on Tuesday. “No one can undo a court verdict except a court of appeals.”