Prime Minister Yusaf Raza Gilani was indicted on Monday for refusing to follow a court order to reopen old corruption cases against his party boss, President Asif Ali Zardari. Gilani, who pleaded not guilty, and his advisers say Zardari has immunity as head of state, but the court remains unconvinced.
"You, Syed Yusuf Raza Gilani, have willfully disobeyed the direction of this court," said Justice Nasir-ul-Mulk, the head of the seven-judge bench hearing the case. "Thereby you have committed contempt of court ... and you are to be tried."
Proceedings will start on Feb. 16, when the prosecution will submit its evidence. Gilani has said that if convicted, he will be forced to step down. He could also face up to six months in jail.
The civilian-judicial confrontation stems from thousands of old corruption cases thrown out in 2007 by an amnesty law passed under former military president Pervez Musharraf.
Zardari was its most prominent beneficiary and the main target of the court, which voided the law in 2009 and ordered the government to write a letter to Swiss authorities requesting the reopening of cases accusing the president of money laundering using Swiss bank accounts.
The Supreme Court's relentless pursuit of Zardari and the PPP may have made it the third player in the complicated political system of Pakistan, for years either dominated by military rule or punctuated by weak civilian governments.
"The Supreme Court's increasing activism poses complicated political choices for the ruling Pakistan People's Party (PPP) government as it heads into a critical election cycle that begins with Senate elections on March 2," wrote Shamila Chaudhary in a recent analysis for the Eurasia Group.
But the question is how independent is the court as a check on both the military and the civilian government?
"That's the million dollar question," said Najam Sethi, editor of the weekly Friday Times.
Talking to media, Federal Information Minister Firdous Ashiq Awan reiterated the PPP's resolve not to implement court orders. "The prime minister is custodian of the Constitution and would adhere to the provisions that give immunity to the president. That's why, a letter to the Swiss authorities can't be written," she said.
Senior lawyer Akram Sheikh said Gilani's refusal to implement the court directives threatens to give way to anarchy and chaos. "He is trying to be hero and glorifying his guilt."
He is optimistic about the future of the country in case of the premier's conviction. "Political future shall be very bleak as if Gilanii succeeds in delaying the implementation of court orders. He has already got a lot of relief, as the court was extremely lenient toward the chief executive. But now there is no option left for him." Sheikh emphasized.
Head of emerging political force Tehreek Insaaf Imran Khan came forward in support of the higher judiciary and criticized the government and said that personal corruption of Gilani is to blame for the situation. He said if Gilani is disqualified, the new premier would be bound to implement court orders. "They have lost moral right to remain in power," he added.
Nawaz Sharif, the PML-N head and main opposition leader, said the government now wants political martyrdom after failing to deliver. He added that public money is stuck in Swiss banks and the country has every right to bring the money back into the public exchequer.
After the court proceedings, the ruling coalition held a meeting to re-evaluate the situation.
Ahmed Raza Qasoori, a prominent lawyer, said after being charge-sheeted, Gilani has become a lame duck and has lost moral ground to be at the helm.
The court has a full docket of cases aimed at the government. In addition to the unwritten letter to Swiss authorities, there is the matter of an unsigned memo to the Pentagon brass.
Sent in the aftermath of the US commando raid that killed Al-Qaeda leader Osama Bin Laden in a Pakistani town last year, the memo asked for American help in forestalling an alleged coup by an embarrassed and unpredictable military.
The army was furious over the memo, and its top general and the chief of the ISI spy agency both urged the Supreme Court to investigate, which it did.
"The Supreme Court has become very close to the military," said Ahmed Rashid, a prominent journalist and political analyst. "For the time being, I see the military and the courts working against the sitting government."
