The Pakistani analysts feel that coming days are crucial for Pakistan. The fact is that accountability of the powerful will have to take place and it is sad to see that those accused of corruption guiding the President of Pakistan into a self-created confrontation that bodes ill for the country and democracy. Will the judiciary assert its rightful independence and uphold the Constitution, the law of the land, accountability and the rights of the people, or will a ‘democratic authoritarian’ reign of corruption and personalized rule manage to undermine the nation, once again in the worst tradition of military dictatorship ? The question was asked by none other that the influential Pakistani daily. The Nation in its editorial on February 15.

The editorial, in this context, raised uncomfortable issues for both the political leaders, the executive, the legislature and the judiciary in the country. It asked, “If ever a leadership showed a suicidal bent of mind, it is the present one in Pakistan. For the Presidency to put itself on a collision course with the judiciary, serves no purpose - either for the wellbeing of the nation or for the political set up itself. President Zardari and his advisers have not grasped the qualitative change that has taken place not only in the psyche of the senior judiciary but also the nation after the latter struggled for the establishment of an independent judiciary. The rulers cannot ride roughshod over this state institution anymore and the judiciary has a new compact with the nation to provide them justice and ensure that no one remains above the law.

“That all the ruling elite will have to face accountability in the wake of the NRO ruling by the Supreme Court should have sunk in by now; but it seems a panic-stricken and guilty political leadership has chosen to try and thwart the judicial processes and Constitution. In fact, the petty level of vengefulness displayed by the present leadership was reflected in the alleged holding up, by a nationalised bank, of a personal cheque of the Chief Justice despite there being money in his account! What could be more reflective of the shadow of Musharraf still hanging over the Presidency?

“Unfortunately, the President’s efforts to collide head on with the Supreme Court have been given tacit support by the Prime Minister despite his apparent disagreement over the President’s action. Barring a few minor exceptions, the nation and the mainstream political parties and leaders have shown their disapproval of the President’s action and unfortunately we can now see a political confrontation also brewing with only the Prime Minister having the ability to defuse the situation. He is not an NRO beneficiary and can adopt the high moral ground by removing all NRO beneficiaries from his cabinet. Eventually he will also have to take on the President who has been treating the country as his personal fiefdom. The PML-N leadership has also finally moved away from playing the role of merely a friendly opposition - a fact that has given President Zardari far too much of a comfort zone to do as he pleases.

In the same newspaper, Dr Syed Mansoor Hussain, presented another vision of what in going on is Pakistan He said, “We have an elected parliament and head of government, a vibrant — though at times seemingly fractious — democratic system in place and a president who has been elected as prescribed by the Constitution. So what is all this angst about?

“What is going on? The US and NATO forces have launched their biggest military action next door, the rivers are running dry, the price of everything is going through the proverbial roof, corruption is rampant, terrorists seem to find no reason to let up and all the big boys can think of is playing a game of constitutional ‘chicken’!

“Here perhaps a quick description of the game of ‘chicken’. Two young men (why rarely women?) drive their cars straight towards each other to see who is the first to veer off, and the one who does that to prevent a crash is then labelled chicken or putting it more bluntly, a coward.

“Does it really matter to an ordinary Pakistani who becomes the next judge of any of our superior courts? What difference is it really going to make in the life of the common man as to which judge is elevated from which court to which court?

“I am and have always been a supporter of a strong and independent judiciary. And as such hope that this latest confrontation is resolved before ‘bad things’ start happening. As it is, important matters are before the superior courts that need urgent resolution. I understand that the right to appoint judges is a serious matter and in the past usurpers of the presidency have used this power to bend the legal system to justify their unconstitutional actions. But are we not sort of over that period?

“The republic it seems is no longer being run by some general who has appointed himself president. We have an elected parliament and head of government, a vibrant — though at times seemingly fractious — democratic system in place and a president who has been elected as prescribed by the Constitution. So what is all this angst about? Are members of our honourable courts overreacting to their own past subservience to the presidency, or is it all the fault of the president who is trying to prove that he is indeed still a powerful president?

“The Supreme Court is undoubtedly the final arbiter of all matters relating to the interpretation of the Constitution and laws passed by the legislatures. But it cannot write the Constitution itself nor can it make laws. That is the responsibility of the elected representatives of the people. And the enforcement of law is the responsibility of the executive branch of the government.

“Clearly I am no expert on constitutional matters. Therefore, I have no opinion on the constitutionality of this latest confrontation. However, I sincerely hope that this confrontation between the executive and the judiciary will be sorted out in a manner that maintains the ‘majesty’ of law, upholds the basic principles of the Constitution and does not undermine the powers or the legitimacy of the executive branch of the government.

“And without any disrespect to the authority of the Supreme Court or the president, I would most humbly suggest to them that our country faces problems much graver and dangerous to our survival than the question of who sits in the Supreme Court. So gentlemen, please find a mutually acceptable and honourable way out.”