‘Judicial Coup’ Democracy in Pakistan is under threat

Long term military dictatorships, shorter civilian rules, where accountability of politicians takes place on the name of corruption with the nexus of judges with civil & military establishment, is the destiny of Pakistan’. Thanks to our rulers as this notion is well supported by their inefficiencies. People came whenever the true leadership called. They came in 1947 on Quaid’s call. They came for Bhuttoo senior. They came for Be Nazir when she landed at Lahore from exile. In near history they came for Chief Justice when he said ‘no’ to Gen. Musharraf. They again came on 18 Feb on joint call of political parties and rejected the dictator. Finally they came on the call of Sharif’s when Zardari was adamant that justice is no more desired under Iftikhar Chowdhary. On 16 March 08, they came like a flood and made an impression, so we can never under estimate the people’s power.

18 February 2008 election of change could not be translated in its true sense as PPP preferred to hold on to government of up to 2 years than a full scale democratic practice. ‘charter of democracy’ was compromised to feed the empty bellies of the workers who had been shouting slogans of ‘change’ for last 12 years. First 6 months of PPP reign was crucial where establishment was divided, but a little chance given to them and they tear both top political leaders apart and the rest is history. First President Zardari lost sanctity of his words on ‘Chief Judge’ and ‘COD’ and later drowned the dream of democracy by imposing governor rule and disqualifying the ‘N’ leadership. The rest is all a damage control exercise. Who is to be blamed for the failure of inept politicians who never are trained to take the reign of Pakistan post 1971 lost war as sovereignty of the state has been assumed by the troika as mentioned above. President Zardari though retained power, but despite taking the PPP to the heights it could never imagine, has damaged the party to an extent which was a dream for the military led establishment. He saw the PPP ship sinking whilst sitting on the chair of head of state.

Government is facing enormous difficulties on all fronts. Though Prime Minister if powerful can pave way for ‘reconciliation’ but it will not suit to his leadership. Presidential slot is compromised by retention of party position and despite willingness; Pakistani head of state cannot see the nation with one eye. Nawaz Sharif too is sidelined on the alleged promise that if he does not protest on the next onslaught ‘he could be next.’ Hundreds of unmeritorious appointments, lack of electricity, protests on petrol prices and drones and letters to chief justice from the left right and centre is indicative of a feared ‘judicial coup’ to some forecaster critics as the system seems to be a hostage to a judicial decision which can come any day. That decision whether by dismissing ‘NRO’ or reversing ‘3rd November 2007 mini martial law’ will pave way for a short term rule of nightmares for political animals. In that regime, where if not asked to return looted money, they will at least be probed and will be thrown out of the ring and only fittest will survive. Judiciary will be used on the name of bringing stability, true democracy, accountability, and will be wrongly portrayed as a ‘messiah’ which is long awaited. General Zia, General Musharraf had the same ideology when they were asked to jump in on the name of ‘best interest of the state’. But this time they are betting on a different guy altogether.

I am afraid, to me, political matters are best dealt with on political chess board. Pakistan which is suffering badly needs a healing touch. People do need justice but justice is best served if judges remain judges. It is unfortunate mystery that in Pakistan people do not wish to do the job they are expert in, so do apply to our government officers judicial or otherwise. Army has ruled Pakistan for over 4 decades, though they have recovered their image due to recent operation in Swat as a result of which bodies of martyrs are wiping their sins committed in last 9 years under Musharraf but still Pakistan needs to respect the sanctity of ‘one man one vote’ principle on which this country was made. Judiciary can assist to separate the chaff from grain but cannot be an alternate force to that of Parliament.

Politicians must stop invoking ‘judicial machinery’ in their petty political matters. If they cannot jointly scrap 17th amendment, bring back constitution to original form, cannot stop drones, cannot implement ‘COD’ or even cannot reduce petrol, diesel, electricity prices, then they must accept their failure as representatives of their parties and in return the nation. But what they must not do is not to send everyone to Supreme Court as it’s not their function to cut petrol prices, check housing rates or stop out of control traffic. That is the job of executive and must remain with the executive. Judiciary is in the early stages of their institutional building. I am afraid people wishes to divert its attention towards ‘Bangladesh model’ which may keep the status quo intact but progress may not be guaranteed. Pakistan badly needs institution building, and Parliament too needs support and if it is strong, will promote federation and can solve half of the country’s problems. But who listens. So we are left with, ‘Long term military dictatorships, shorter civilian rules, where accountability of politicians takes place on the name of corruption with the nexus of judges with civil & military establishment’. So much so for the democratic struggle of Pakistan, with apologies to the brave lay men and women of great character of this country of 170 millions.

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales and a chair of Association of Pakistani Lawyers (UK)

Comments

6 responses to “‘Judicial Coup’ Democracy in Pakistan is under threat”

  1. guY-sir Avatar

    Wow Military coup turns Judicial coup. It can be done in our country and the way things are going as usual it goes in democratic. remind past, 1987 till 1999 what happened.?

    4 Times elected demo gone without completing their tenures. BB and Nawaz both doesn't know how to rule. They have made their assets in London-Banks. Do you know in reality. London is world tyranny HQ. In my words; London is a home of Marranos.

    Kings-Kikes Worship Mammon
    http://karachi-kool.blogspot.com/2009/07/men-who-

    Our pols take money and honey from London. They even take dictatorship. They study their stupefy education and yet unable to complete their tenure. London own girl ex-wife of Imran Khan wrote BB was a Kleptocrat in a hermes scarf

    How truly she not only describe BB rather she describes whole west stupefying education and political social and economic system. whole system is made by UK = U K@K@ known as Parliamentary system.

    Military cannot done a coup due to Military gone busy in gratuitous-war on horror/terror so only Judiciary can coup

    Malik, ye gimme a new line to write. I shall soon write on this topic. Judicial Coup. Till then read below.

    This is one the most biggest conflict of the earth God vs. Mammon if ye are adept you can shine the light by reading this my article
    http://karachi-kool.blogspot.com/2009/07/god-and-

    my next article which heading will be

    Soul vs. Sole: Can We differentiates?s

    Must read when I publish. It is 100% article written by my own hands, my own mind and in my own words. no replica

    you gotcha?

    If Democracy is under threat it means Pakistanis are under threat and under attack. R u ready for attack? doom doom-drones or boom-boom drones.

    boom boom se afridi yaad aya, salay t20 khel ker test cricket bhoal gae hain. got lost test series in 23 years.

    We'll loose everywhere if these Rascals rules on our heads. and carry on needless war on terror which creating horror.

    Kick and kill them and bring new blood in Politics

    I wanna Rule and Will Rule the world. I wanna change the System and will [Allah-Willing] change the UK system

    Ultimate Doom is coming for all of us. Build by the Jesuit financed by the Zionists wrapped in Protocols.
    http://karachi-kool.blogspot.com/2009/07/protocol

  2. Sajida Avatar

    Yes Pakistan badly needs institution building. It might help if the political parties weren't a family affair. They need internal democracy if they are to be true engines of democracy.

    By the way time is running out as climate change will be worst for developing countries:

    http://www.independent.co.uk/ environment/climate-change/ the-planets-future-climate- change-will-cause- civilisation-to-collapse- 1742759.html

    The planet's future: Climate change 'will cause civilisation to collapse'

    http://www.alternet.org/environment/141081/the_da
    The Dark Side of Climate Change: It's Already Too Late, Cap and Trade Is a Scam, and Only the Few Will Survive

  3. guY-sir Avatar

    @Sajida

    did ye read my article which i wrote on Climate Change.? if not yet then plz go and read it
    http://karachi-kool.blogspot.com/2009/07/climate-

  4. guY-sir Avatar

    Correction of my 1st comment

    whole system is made by UK = U Kleptocrats known as Parliamentary system.

    Things are goin as usual as it goes in democracy. which always paved the way for COUP. democracy or Kleptocracy:

  5. Aamir Mughal Avatar

    RE: ‘Judicial Coup’ Democracy in Pakistan is under threat

    ======================

    Here goes the Lawyers Movement for the Restoration of Independent Judiciary!!!

    ISLAMABAD: Top lawyers’ movement leader and senior PPP leader Aitzaz Ahsan has confirmed his meeting with Chief of Army Staff General Ashfaq Parvez Kayani while declaring that he is firm on democracy. When contacted by The News, Aitzaz said that when the Army chief spoke to him on March 16, he invited him for a cup of tea. Aitzaz said he accepted the invitation but could not meet him till 10 days ago. Aitzaz said, “It was purely a private meeting.” Reference: Aitzaz confirms meeting Kayani, firm on democracy – Thursday, July 30, 2009 By Muhammad Ahmad Noorani http://thenews.jang.com.pk/top_story_detail.asp?I

    DECISION IS AS UNDER:

    ISLAMABAD (Reuters) – Pakistan's top judge turned down a request on Thursday to launch a treason case against former military ruler Pervez Musharraf, saying the Supreme Court lacked the authority. Chief Justice Iftikhar Chaudhry's remarks could reassure both the fragile civilian government and military establishment, as they can ill-afford any fresh crisis at a time when the country is fighting a Taliban insurgency in parts of the northwest. "This is not the proper forum to initiate such case. We are not authorized to do so," Chaudhry told the court.Pakistan judge says won't try Musharraf for treason Thu Jul 30, 2009 7:47am EDT http://www.reuters.com/article/worldNews/idUSTRE5

    Background of this dubious decision:

    Reference: CJ says chiefs of MI, ISI asked him to quit: Affidavit on March 9 camp office event By Iftikhar A. Khan May 30, 2007, Wednesday, Jamadi-ul-Awwal 13, 1428 http://www.dawn.com/2007/05/30/top1.htm

    Justice Iftikhar said his entire house had been bugged, all his activities were being monitored, and `everything and everyone’ in and around his residence was being watched through a listening post set up at the nearby Sindh House.

    He did not say in the affidavit if he had been summoned to the Army House by President General Pervez Musharraf or whether he had made a request to meet the president.

    “When I reached the Army House, President Musharraf, wearing military uniform, told him he had received a complaint against him from a judge of the Peshawar High Court..

    “I replied that it was not based on facts as my case was decided by a two-member bench and that attempts are being made to maliciously involve the other member of the Bench as well.” After this, the president said there were a few more complaints as well, directing his staff to call the 'other persons'.

    The 'other persons' entered the room immediately. They were: Prime Minster Shaukat Aziz, the Directors General of Military Intelligence (MI), Director General of Inter Services Intelligence (ISI), Director General Intelligence Bureau (IB), Chief of Staff (COS) and another official. All officials (except the IB chief and the COS) were in uniform.

    The officials, however, alleged that Justice Iftikhar had used his influence to get his son admitted in Bolan Medical College, Quetta, when he was serving as a judge of the Balochistan High Court. The ISI and MI heads persisted in their demand for resignation, the CJ said. “I refused, saying that the demand has a collateral purpose.”

    NOW GUESS WHO WAS HEADING ISI in above news!!!!

  6. Fiaz Avatar

    Read article "Why Democracy Failed in Pakistan". This is written by well known scholar, Nasim Yousaf
    http://www.allamamashraqi.com/grandsonsarticles.h