Guest Blog by: Amjad Malik
At last, it has happened what was feared for days by many here and abroad, that judges are not restored and Sharifs are out of cabinet. Nawaz Sharif has said good bye to PPP led cabinet preferring to sit and wait whilst lawyers and civil society is sorting out their armoury in a similar circumstance to that of 3 November position in order to raise their voice against the undesired acts of the government. This time they will have difficulty though as the opponent will be none other but a popular political party who came to revolutionise the state with their slogan of economic empowerment, education, employment and basic amenities by changing the system and taking revenge by installing true democracy. Instead, they are confused, back tracking and are toeing a line which is neither here nor there. A party which is alive because of bloodline of martyrs from Zulfiqar to Benazir is acting coercively with the ditto policies of the unpopular dictator despite their anti dictatorial slogans and claims upon which they grabbed votes in millions. We have seen the trailers in the form of possible forthcoming restrictions on the popular electronic network which is alarming especially in the reign of Bhuttoites whose claim for fame is media freedom, democracy & rule of law, instead, their die hard supporters who were whip lashed in the reign of Gen Zia in 70’s are speechless at this miraculous developments.
Nawaz Sharif has the pulse of the nation as it should be because of being the living leader of Federation, he has judged rightly that judges are to be restored and if he can not assist lawyers in doing so at least he must not be seen in the opponent camp. Judges issue which was easier than we think to be resolved during the first sitting of the parliament has taken twists and turns and is jumping one date to another and from one committees to an other like a shuttle cock. It only requires political will and intention to restore the deposed judges which is quite similar to that of ‘let there be light’ and there was light , similarly, parliament has that power to order that ‘let there be 2 Nov judiciary’ and there will be judges sitting in their chambers as lawyers will ensure that will of the parliament is implemented in its true letter and spirit. But it is not happening soon which is a pity, however it’s wise that PML(N) has assured not to be part of any attempt to sabotage PPP govt in centre and has not called for any strike as the show will be started by awakened lawyer and civic society. I expect many rounds of talks despite PML(N) out of cabinet as it will be in the interest of state to restore judges to avoid confusion and uncertainty. Similarly this coalition experience is new in the country and sessions of negotiations through political dialogue by remaining in the political process will improve our attitude and mind set. Two parties of different ideology now must support each other not to derail but allow the political process to work in which they must discuss, struggle, persuade and force each other towards their point of view at the same time shaping and forming an informed public view and try to achieve a settlement of disputes which are core to the nation’s heart and is a common day occurrence in any Parliamentary form of Govt.
Morality has nothing to do with the politics but sometimes its good to have morality as politics without principles will be like a barren land or a lady. We have seen Indian coalitions working effectively despite so many differences and reservations, and we have also read negotiation powers in UK during northern Ireland conflict, however the prerequisite everywhere will be will and intention of the parties to trust each other. If one does not respect the honour of the other, then trust deficit looms in. Nawaz Sharif and Zardari both have common agenda to restore judges one way or the other, but mechanism they are suggesting is different to suggested by each other partner. There are many unsolved mysteries too where public is not aware of the true facts and neither they want to know, all they want is their judges back and back it very soon. PPP being the popular party will lose the trust of the people if they back track from the issue at all as the country does not afford strikes, collision between parties and institutions though it will suit to the Q and General Musharraf.
However country does not afford either to live in an unjust society where judges act on the will of their masters. If free, independent, judges are not brought in with pomp and show then dictators will come and go freely as they have been in last 60 years unchecked and Zardari’s of our society will remain without fair trial for years, where no counsel will be present from other side whilst highly supreme constitutional matters are resolved in the court and where for the murder investigation of twice Premier we will have to knock the door of the United Nations, where children of the elite have to go abroad because they are not safe in their home land and politicians are exiled for years only because their presence in their country does not fit in the ruler’s jig saw puzzle. 160 million people of Pakistan ask the victim Zardari of yesterday to save many Zardari’s of future from this inhuman, unlawful and befitting treatment where they can think of having a hope of justice at all, a free trial, an access to court, an access to their judges from deserts, villages of Sindh or mountains of Baluchistan or Kashmir. They want a society where 12th May is not repeated where judges are not mal treated on the main public road and they are not incarcerated for months without charge. If we made that poor soul to loose that hope, then God forbid, it will not compensate with anything. Self respect have no replacement and if deposed judges are not restored at this juncture, the historians will write that in 2008 there was a chance to put a stop to military dictatorship once for all but one political partner fell a victim to pragmatism and one can only rely the quote of Ali that infidel society can survive but not the unjust, and the decision is yours.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
Comments
5 responses to “Stale Mate”
PPP(Q) and Pakistan Peoples party seems to be two different entites. Mr Zardari is leading PPP(Q) faction and other is so far is still in Shock of the Shahadat of Shaheed Mohtarma Benazir Bhutto. Mr. Zardari is having a none democratic selifish agenda therefore for him to think of Peoples party does not have any time and will. If everything is Right why they were making fool of the people of Pakistan. Next Election would be more clear about peoples Mendate it will be loud and clear instead of Splitted mendate. Mian Nawaz Sharif is really following the foot steps of Mohtarma Benazir Bhutto Shaheed. Mian Sahib now you are the Hope for this poor and supressed Nation may Allah give you more Courage to stand against the unjustice and dictatorship. Pakistan has to saved from Scavangers.
We are Idelogically disordered bunch of individuals living in a state with no National Character.
Allah, Awam, Military and USA
By: Amjad Malik
There is a fine distinction between ‘Yazeediat’ and ‘Hussainiat’ as the former enjoys the perks and privileges of the power and the latter enjoys the wealth and warmth of love and affection of the people. Hussainiat always walks tightly on the right path and powerful on the outset seems victorious however, historians writes quite to the opposite in the years, decades and centuries to come. General Musharraf who has carefully crafted his wings placing PPP under NRO, Chief of army Staff under a favour and Justice Dogar under the legality sword of PCO with the patronage of United States of America in a way that it seems he is under control from all corners. The only thing important in any democracy is the mandate of people which apparently is on the road being humiliated by the very rulers who consider their inborn right to rule and always come in Parliament to eradicate military dictatorship. Only one thing can destabilise this arrangement is national demand of free judiciary resulting public anger to bring a revolution which may not be possible if there is a clear divide in political forces which lack clear political will, as it has a tendency to endanger federation.
In these circumstances if the military man says ‘ let there be impeachment’ by Parliament, he must be sure that there will be no support for that from political quarters who are pro NRO and are after political reconciliation i order to save and extend their rule by inches. He is smiling at the helplessness of Pakistani people advising them to eat chicken if it’s cheaper than lentil. Public thought by giving vote in 18 February 2007 election brought a silent revolution and to their surprise it turns out to be an arrangement where General Musharraf though disliked by all quarters but is being saved by pragmatic reconciliatory political quarters who are favouring his presidency on the name ‘ law of necessity’ and he was even declared a ‘national asset.’ Their very voters favour rare item for museum after giving him an exemplary punishment for violating the sanctity of the constitution like the Englishmen hanged their General Cromwell at a crossing after his death centuries ago.
Now lawyers are gearing up for the show of public outrage on the lack of political will and non restoration of anti dictator judges, and political forces funnily instead of joining this long March will offer the juice and pilau rice to the agitators. Situation begs the very question, do the politician truly wish for the end of military rule and opt for independent, clean, non corrupt judges?. Those judges will not stop short of issuing declaratory judgements against any unconstitutional act where judiciary will act as a buffer zone in between parliament and military dictators. We have seen four periodical military interventions in last 60 years only because of intentionally kept a tame judiciary. The gloomy picture which turns out today is such that though hated by all, but still General Musharraf is the most powerful military ruler in Pakistan who has the backing of NRO clan with concrete assurances, where army is on his side, Justice Dogar is willing to uphold his exercise of 58 (2) B and even has the capacity to indemnify any emergency imposed by the New Chief in continuation of 3rd November class act. So where do the people fit in all these arrangements, i am afraid no where..
Pakistan is run like a corporate interest where multi national companies invest and have stakes. Politicians, Bureaucracy, judges, religious parties and above all our top ranking royal military elite have invested heavily their lives, time and money in this colony. Now all the rest is on God as Military, Mullah, Awaami party and USA are all on the side of a dictator . These parties take votes to chuck out the dictator and in return on the name of the exit of the overall dictatorship give the very military man 5 years who is the cause of all this mess. All top former judges, Civil society, Lawyers movement, ex military men, 30 former ambassadors and those millions eligible voters currently favour restoration of 2 November Judiciary by way of a resolution followed by an executive order, however clear divide in two political rulers may cause enormous damage to the state as negating the will of people will be ultimately resulted in a downfall of the organs of the state.
Weakening Presidency by curtailing its powers sounds a good idea in the long run to enforce ‘Charter of democracy’ in its letter and spirit. However, ruling party devoid of the required numbers in the upper house of Parliament is lulling themselves to get it through if and when they get to that stage as the country in such an economic mess that after a few months things may go out of hands of even General Musharraf who may be sitting eyeing on the economic decline to make a basis of their dismissal. Public only punishes who came directly on their votes making promises and high claims as public does not go after dictators, but deal severely with their collaborators as they did with the league of Q.
3rd November emergency is an act of desperation of a man who was losing public support against all the free thinking people of Pakistan and in particular against a new born ‘gini’ of ‘media.’ He himself takes credit of liberating it. He did not realise that in any democracy, there is ups and downs, however he was of the belief that he is there to live forever. This tendency is similar to that of Pharaoh, Pinochet, Hitler, Stallin and so on, its an endless list and the end is the same. But in the end the name of God shall live and its public which rules. General Musharraf must pay heed to the angry intelligentsia as well as commoners of Pakistan and must submit to the will of people which is akin to God’s voice before its too late.
The angry segment of society if comes in a wave may take many things along with it and Parliamentarians who have shown callousness towards a genuine public demand may have to pay the price for their rude indecisiveness if the masses decides to restore the judges themselves and sought punishment for the dictator akin to a style we witnessed in Karachi where mob set fire the robbers who are caught red handed. Corrupt ruling class devoid of merit intending to pursue thieves who robbed in last 8 years after getting pardon certificate for themselves is painting a bleak picture of their passion for true democracy, rule of law, accountability and justice as time is running short and public may never believe the same people to decide for them in Parliament as once bitten twice shy.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
9 June 2008
Long March: a show of public support
By: Amjad Malik
14 June Long March ended inconclusive, where lawyers showed wisdom by curtailing the gathering of masses turning into a mob wiping out the political process emerged as a result of 18 February elections. Lawyers made their point that public wants some sort of credible judiciary and to start with, they have at hand the 2 Nov Judges who refused to take personal oath of loyalty to outgoing General. Layers, Civic Society, media and politics of conscience have patiently rang the alarm bells giving time to the civilian govt to meet the public demand reserving the right to come again and next time they may not go back, until judges are restored and accountability is held on streets.
However, pressure to wind up all the ‘sit in’ slogans or threats was all carried out in a bit of a hurry. May be lawyer leaders were a little bit tired or were under pressure of handling thousands on street which was a unique & unprecedented experience. In any event the show was successful and all credit goes to Nawaz Sharif for helping lawyers to muster public support and successful winding up as well as conveying clear threats to the President standing in his back yard. Now one thing is for sure that either this public demand will be met in its entirety and judges will take charge in a few months to come or the whole political process will be wound up to either have new elections or new set up. In any new elections, lawyers may jump in the elections too with the same demand jointly with other political forces or singularly on the slogan of ‘justice for all including judges’ as they have an elected team present to contest from Karachi to Peshawar with a strong net working. The ball is now in the court of the shrewd politicians some of which are still under the impression that President’s survival is a security to the National Reconciliation ordinance which I think is a fallacy. Politicians who have been facing trumped up charges on political grounds must be ready once for all to face the music before a true independent judiciary with sharp teeth. It will not only ensure due process of law, fair trial and will promote a principle of an end to political victimisation of prisoners of conscience where people like Zardari and Javed Hashmi wait for years to have justice. A clear bill of health by free judiciary may only purify them all from the sins of past or by a South African style truth & reconciliation commission where looted money is given back in the public purse.
One thing missing in the whole scheme was the stalwarts of lawyers movement like Justices Wajeeh Uddin Ahmed, Fakhur uddin Ibrahim and Justice Siddiqui who have been vocal on the right direction as this consultation process must never end which differ them from the others. Otherwise progress may be hindered due to civil dictators creeping in the ranks of lawyers movement. Lawyers are different from others only because they consult, take advice from seniors and agree to disagree on all major issues of principle. A few also felt that Justice Chaudhary should have led the long march from Lahore towards Islamabad. He should have concluded the Long march by speaking to masses in the end thanking every one where lawyers in the end proposed a carefully drafted resolution which should have been presented and approved by public at hand and should have been given to politicians in Govt in the morning of 15 so that crowd goes back less dejected. Ali Ahmed Kurd whose fiery claims and speeches always gave a revolutionary approach with which normally things are settled in Pakistan was not there either and was missed dearly. It also gives a lesson that with fiery speeches you may get applause but judiciary does not get independence. It requires sheer political will, joint collaboration and consultation in the national interest, wisdom and sacrifice which is pre requisite to translate this dream into a reality. May be consultation is the key which needs to be mastered in coming days by lawyers.
In the end a word of wise to lawyers that they must not fall a prey to pragmatism and lack of resources thesis. If according to them 5 lacks can join them at Parade ground late at night in the barren lands of Islamabad, the very people have the capacity and courage to manage without food and drink for at least 48 hours so that a taster is given to the dictator for occupying the seat denying the mandate of 18 February elections. At that team lawyers negotiation teams must have polished their nails to extract a Governmental statement with a concrete promise to restore judges within a time framed deadline and or punishment to those who fired them. At least 48 hours sit in at the same ground would have unnerved all quarters and would have benefitted enormously and lawyers must have left with a date to come back again in case the judges are still on the road.
These are all academic analysis. In all process, Barrister Aitzaz Ahsan deserves an applause for staging a mini referendum against General Musharraf as well as against indecisive Parliament. Now they must pay attention to the fact that whether its Executive Order, resolution or Constitutional package, Judges ought to be restored. Parliament so far has failed to make any progress to restore those judges who were made non functional on the eve of 3rd November against the order of then Chief Justice Iftikhar Choudhary. Road map is given, its do or die stage and I am afraid this time Parliamentarians will be responsible themselves for the downfall of political process if they fail to respect the public demand and the mandate given to them. The so called constitutional package has not yet been presented in the legislative body so far and Parliament is idle killing flies in first 3 months and rulers have vetoed its effectiveness by preferring to settle issues of national importance in drawing rooms and through back channel diplomacy. Unelected are dictating the elected ones and President is heading the gang of unelected who are ready to do any dirty just to please their boss. Two parallel governments are in action, one stops national media airing a top talk show and the other denies any involvement in it. Popular leaders are watching all this helplessly.
Public is gauging the mood of this parliament with a caveat and they have enjoyed coming to street to raise their voice of dissent and if this enjoyment becomes a habit due to inefficiency of our ruling clan then they all will go who used to raise slogans of democracy, rule of law, justice in their election campaigns and did nothing when they came to power for their voters, people, institutions or to strengthen the very parliament they sit in except forming committees over committees to oversee matters until the demand is gone without justice. They have lost sanctity of their words now fear is their asset from those days when public questions their very eligibility to govern.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK
16 June 2008
Pakistan is there to live forever
Written By: Amjad Malik
As long as India keeps dreaming the disintegration of Pakistan, it will survive as a viable state as the very negativity serves the purpose of knitting this crowd of 170 million people into a nation, whenever it is confronted by its arch rival. Editor of Indian Defence Review, Mr. Bharat Verma writes that ‘new Delhi is its own enemy, when it permitted the creation of a pure Islamic state on its borders,” I for one disagree as this state emerged as a result of a successful struggle for independence by millions of Muslims of India who felt that two nation theory is the only viable option to preserve and protect each other’s identity and core values. Indian Hindus too got liberated after remaining under Moghuls for over 6 centuries and then British Raj through the same process due to Gandhi’s vision. Independence was neither granted through diplomacy, nor as a charity. It was snatched on the basis of fundamentals of the modern day democracy, one man one vote’ principle and majority of muslim populated areas vowed to join the newly established idea of ‘Pakistan’ where they saw security, identity and a peaceful enjoyment of civil and political rights, and a freedom of religion, culture and values.
Looking at secular India’s state and its treatment to its minorities, the wisdom of Mr. Jinnah’s decision is obvious seeing the situation of Muslims of India. Demolition attempts on Babari mosque, and Hindu fundamentalists attempts to erect Ayodhia Mandar satirically smile on the claims of Indian democracy, equality & secularism. Kashmiri Muslims are at war with the state since its occupation, and are demanding for an implementation on UN Security Council Resolution 47 (1948) where India agreed with the World that question of the accession of Jammu and Kashmir should be decided through a free and impartial plebiscite. Kashmiris, instead, are facing bullets and worst genocide, than to have an opportunity to vote in a referendum. Riots in Gujrat exposes the treatment of Indian majority to its minority where thousands were burnt alive. Above all, latest October 2008 episode in Hyderabad where Hindu rioters killed six members of a Muslim family by setting fire to their home in the village Vatoli, amongst was a 2-year-old child. Muslim leaders called for better protection for minorities, and Asaduddin Owaisi, who sits in the lower house of the Parliament said that “Despite our repeated pleas and appeals, the government has failed to provide protection to the Muslims who live in remote areas and who have a very small population in those places.” This small episode exposes the state of those unprivileged in India and depicts the mind set of Hindu majority and answers all the critics of two nation theory as to why Pakistan came into being. I confess that it was as a result of a failure of Mr. Jinnah to secure equality & respect for the Muslims of India from congress.
Mr Verma further wrote in his thesis that, “many conveniently propose the myth that a stable Pakistan is in India’s favour. This is a false proposition.” I agree with Mr. Verma that stable Pakistan may not suit India but stress that it is conducive to the region and the world in general which takes precedence. Nuclear armed & secure Pakistan is a guarantee of stability and a bridge between right thinking powers and ancient civilizations. When President of Pakistan in his interview with Wall Street Journal says That, “ India has never been a threat to Pakistan,” or that “I, for one, and our democratic government is not scared of Indian influence abroad,” it transpires an individual thinking, but may not b a majority view. This view is quite identical to that of new US policy which is being imported into Pakistani mind set. In my 8 October meeting with US diplomats at London, I heard the same voices that USA insists that Al- Qaeda, Taliban and rising insurgents are a real danger to Pakistan’s internal stability and the World, and Pakistan should perceive that threat as real other than that of India. USA is hopeful that unlike Pakistan army, civilian leadership will cooperate and will share US sponsored view. In response to unilateral Presidential desire of peace, India has answered by blocking ten thousands cusecs water at Chenab river in violation of Indus Water treaty which may act as a set back for an agricultural country and will affect its crops production capacity. India is also heavily interested to play dirty at the rear border of Pakistan, and it is sending thousands of troops in Afghan Pak border and already has a settled presence, interfering capacity and intention which has a potential of escalation to a small skirmishes in near future. In any event India has responded its lovers in a befitting manner.
Pakistan rightly quests for peace and stability in the region. It has played twice a major role in the region once to stop Russian invasion against Afghanisatn which resulted in Russian disintegration and secondly, as a non NATO ally against Al-Qaeda, an unfaced menace to the world. Its liberal & conservative mixture is its beauty which has a capacity to house many languages and cultures within an interesting heritage. Disintegration of one state, will be followed by others as it will set a principle that no components can survive in a Federation in the region, in return in the world. The world saw Russian disintegration as a result of an unlawful invasion, which is a lesson for all. Economic stability is not the only key to survive in a statehood, as trust, treatment and neighbors guarantee the future sovereignty of any state. Both India and Pakistan are at a crossroad, they must learn to live with each other, if not friends, as past enemies. They should live fairly keeping their own strategic positions intact on ‘live and let live principle’ as a little shift in equilibrium, will guarantee the disintegration of both. Sometimes, warming one’s hands in enemy’s fire can cost a lot and India is just doing that by meddling in Pakistani areas in difficult times and by sending its troops in Afghanistan. Pakistan is there to survive and is ready for its enemies at their waterloo.
Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales
15 October 2008