Re: Non-functional Chief Justice v Supreme Judicial Council
Exactly.
- Everyday newspaper columns r full of criticism for the govt. on the judicial crises. Its hard to find any credible columnist siding with the govt. The only two I know who r openly pro-Musharraf are Humayun Gohar <he wrote Mushy’s auto-biography> and Amina Jilani. Anyway here’s what I believe a reasonable and balanced assessment among all the radical ones:*
The truth will win
- PROF MOAZZAM TAHIR MINHAS
*New heroes have emerged on the political horizon through lawyer’s movement. The likes of justice ‘Khawaja’ and ‘Haroon-ur-Rasheed’ Islamabad Bar President (struggling for life at PIMS) have injected new blood to the movement. Lawyer’s struggle is judicial, not political as is being asserted by the government. The way chief justice has been ‘governed’ is purely political. To ‘suspend’ him initially and then to make him ‘non-functional’ and ultimately send him on ‘forced leave’ are all malafide political steps detached from any judicial ponderings.
The President fell victim to these thoughts because of his innate desire to extend his rule. He preferred ‘spontaneity’ to due process of law in order to satiate his over-vaulting ambition. The issue of Justice Chaudhry demanded extended deliberation, which his political and legal minions could hardly provide.
Sherpao, Pervaiz Elahi and Wasi Zafar are responsible for politicisation of the issue. The conspiracy as complained against by the president, if at all it is there, is to be looked at the government’s end rather than at the lawyer’s forum. The General’s advice to the lawyers to wait is worth following, but nevertheless their protest to save the dishevelled and distraught Chief Justice from further humiliation was perfectly right. Lawyers have shown maturity in keeping the politicians away from their movement. The direction of Muneer A. Malik to the lawyer’s cadre to keep away from the oath taking ceremony of Justice Bhagwan Das, reflected his (Munir) judicial stand of one chief justiceship.
The colonial strategy of baton and boot has not worked. The latest approach of the General to handle the crisis is prudent and consistent with judicial norms. But to be more candid he has yet to free himself from military’s mindset where ‘orders are orders’. It would be apt for the General to take action against trio referred above though not politically feasible, but it will bring stability to his government.
Benazir’s rapport with him will not deliver. She will never agree on uniform issue, but then to accommodate her will be doubly damaging for Musharraf. She is looking towards US for power, which is presently the buff of Pakistani nationalism. So ultimately Benazir may gain, but this regime will lose and whatever good is left of it, will evaporate into the air. So the crisis demands prudence of the highest order. The locally manufactured Gujrat team is an albatross around the neck of those in authority. There was a time when the governemnt’s strategy had worked, but it can work no more. So the professorial loquacity has to be abandoned.
Now the government should be able to see the writing on the wall. Justice Chaudhary’s crisis has eaten into the vitals of his government. If ‘The Judge’ is reinstated ‘he would not toe his line’. If he is ousted, the next man will be equally unwilling to endorse the uniform. Lawyers are alive and so is their acute judicial sense. Hence no chance for the status quo! Still there is time for Musharraf to act. If he vacillates, he will become another Ayub. His services to the nation have been tremendous. He can retain his legacy and somewhat controversial leadership, if he renounces his political ambitions. The public fatigue has grown tremendous against him.
The fair and transparent elections under an independent Election Commission is the only way out. All the alternative routes are full of hazards, especially the Benazir route. Compromises are the essence of politics, but the President is now out of tune with the time-warp. He has to travel now in national interest towards free covenant. Only such a social contract can keep his country intact. Balochistan’s follies and opportunistic sticking to clerics had its days. Enough is enough. The President is still not that unpopular. But the time at his command is really for genuine nationalistic problems. But it still remains to be seen whether you can rise to the occasion. I hope you will, if you can restore your lost vision that you displayed in initiating the original Seven Point Agenda.
It has to be understood that times of ‘managed Judiciary’ or ‘managed democracy have gone. It is hoped our judiciary will no more produce ‘Munir’ and Anwarul-Haq. With all his faults some of Ayub’s reminiscences still haunt us. We need to improve our Army as an institution.. Our nation cannot progress unless our Generals and politicians come at the same political wavelength. Our judiciary is on its way to independence. Let our Army help it.
The Chief Justice belongs to the nation. He is the combined property of all civil as well as Army. The judicial pillar has to be saved from tottering. The army pillar is intact minus its top brass supportive of the status-quo. If things go in the right direction, then Army, Judiciary, Media can look after the most rotten institution of our country-the Parliament. It is heartening to note that the General Musharraf has ruled out postponing elections and imposing emergency. But it has to be said that free elections are not possible under Musharraf especially after this judicial Miasma.
This conflagration maybe controlled if the General withdraws the reference forthwith. If he does so, he will certainly restore his credibility. Right now this is the best chance of the worst. But our General should take cue from Bismarck’s definition of statesmanship, which is to choose the unpleasant alternative. Even Benazir will be well advised to include MMA in the ‘Grand Political Bargain’. The record of both PPP and MMA in opportunism is a matter of degree only. Late Bhutto went to gallows. Political compromise could spare his life. But he chose otherwise. That’s why he lives in the hearts of millions and would hence live a millennium. The nation expects Benazir to follow her father’s legacy. Her present political approach is power oriented and based on deceptive slogan of ‘Roti, Kapra aur Makkan. She has to rise above this ‘pragmatism’ to power. Our politicians don’t wait. Your father is on record in saying that ‘he will not sit in the opposition because he is not Bandranaika’. Our nation is still suffering from perpetual national agony because of such strategies. The nation expects you to bury your past and become beacon light and save Pakistan from pit of darkness it is likely to fall. We expect you to compensate the sins of your past governance by giving fresh political initiatives that can take the nation out of political disillusionment.
This will be only possible when you don’t look towards US and take the whole Opposition along. National issues can’t be resolved without religious leadership. Talk of enlightened moderation and extremism has to be abandoned in favour of national reconciliation on the pattern of South Africa. In this process all political characters — religious, secular, liberal and the army have to be on board. Any strategy other than this will be a great national disaster.