LAHORE-The government straightway refusal before the Supreme Court on reopening cases against President Asif Ali Zardari before the Swiss courts has unleashed a strong apprehension of once again Judiciary and the Government going head on to test nerves of the masses already drenched in problem galore and the country facing serious challenges on internal and external front. First it was Attorney General and now it is the Secretary Law who has resigned apparently for health reason when the insiders say, he did it because law ministry was not minded to write to the Swiss authorities to reopen cases against President Zardari despite his repeated requests to it in compliance with the SC directions. The categorical statement by the government representatives that opening of the Swiss cases is now a closed chapter and past transaction so there was no need to write to the Swiss government for this purpose, is apparently a glaring defiance of the Supreme Court order if looked in the perspective of Article 189 of the Constitution. This provision of the Constitution binds by all executive authorities to comply with and help in aid of implementation of the Judicial decisions, the jurists say. Obviously the SC wants the government to respect that provision but the government after dragging its heels for a considerable time, has now come clean that it has no intention to move the Swiss authorities. The Swiss attorney had previously stated to exclude President Zardari from the prosecution in criminal cases with reference to UN charter and had also sought point of view of the Pakistani government on the matter as per the local law. And the government authorities are banking on the said statement as well as on Article 248 of the Constitution. The jurists read the government decision a bid to establish that the President enjoyed immunity under Article 248 of the Constitution in these cases and writing to the Swiss authorities would amount relegating from that stand and accepting that the President in fact could face criminal proceedings. And if the government writes to the Swiss courts for reopening of the cases, the request would carry weight as such the government is boggling at SC order, the jurists opine. The jurists says Supreme Court direction to the Federal Government to write to Swiss authorities for reopening the cases is clear manifestation that the Court has not accepted that no one enjoys the immunity in that cases after the NRO was scrapped ab initio with effect from October 4, 2007 when Asif Ali Zardari was not the president. The government may move the court against this proposition if did not agree to that, they add. It is interesting to the note at this stage that the Prime Minister Syed Yousaf Raza after defending the cases of Zardari against SC directions is quite now while those near to President camp are in the fore against the judicial direction. As to PML(N) and other political parties on the right wing, they are clearly standing by the Supreme Court. Looking at the situation from the historic prospective and the new found independence of judiciary after public march on March 15 last year, it appears an independence and bold institution of judiciary is something our ruling elite class has not been accustomed to in the past. Look at the era of Nawaz Sharif in 1997 when the Judiciary under the stewardship of Justice Sajjad Ali Shah had just asserted its independence but the ruling class faced a roller-coaster and went to even attack the supreme court building out of frustration. Since the time of Maulvi Tameezuddin case, judiciary was held one of the reasons for the bad situation in the country and also for sustaining the military rulers under cover of doctrine of state necessity. And it was a fact that most of the trouble faced by the poor owed their credit to the decisions which had unsavoury tilt towards the ruling class and the bureaucracy. With a particular mindset of superiority elite rulers had mostly attempted to lay hand on the judiciary in the first instance to clip its powers or make docile by pushing the favourites in the institution. But now the situation is altogether changed and other side is not ready to accept it and adapt itself accordingly. That is why it has preferred to go all out instead of what the law demands. The judiciary is striving hard to get rid of what happened in the past through this institution. Its bold and impartial and fair decisions, are welcome move and up to the belief of a layman that an independent, vibrant and bold judiciary is a strong check on the malpractices of the powerful ruling class responsible for usurping his rights and occupying all resources of the country to use them at choice.