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What are we up to?
I’m commenting on the one of the latest news I have read in the daily Dawn on Wednesday 22nd September, 2010 under the title, ‘Petition filed in SC for army assistance’.
On the face of it, the news under the reference could be just news like much other news but if you read it again I am sure your reaction or action will not be as indifferent as it happens in most of the cases when one reads any newspaper either on net like me or going through a paper edition. The news, in the greater interest of clarity and understanding, is being broken down into five different and independent segments namely the applicant; Supreme Court; army; petition and parties. Each one of them firstly will be discussed and thrashed out separately and then the four put together to be viewed as a whole.
Reverting to the first segment, we must find out who is the applicant named Afshan Ghazanfar. She, to my understanding, as a Pakistani has all those inborn rights which any of our compatriots can claim for irrespective of the gender, caste, creed, religion, age, status and area etc so from that point of view she is very much within the ring to ask for army help and consequently I am with completely and fully with her and not at all against her. The fact that in Musharraf time she was Assistant Advocate General has no direct bearing on the petition since she has moved in her private individual capacity and not as former AAG.
Supreme Court of Pakistan is the highest judicial court in the country as per our constitution, which in addition to itself dispensing justice, also interprets the constitution and the laws as and when required. The apex court is the of ultimate appeal court of the country. It oversees the performance of high courts of all the four provinces of the country. All the executive and judicial authorities in the country are bound to act in aid of the Supreme Court implies that its decisions and orders must be obeyed and carried out both in letter and spirit and violation of any sort is liable to punishment.
To me the two lines news is to be viewed from different angles and perspectives to synthesize the issue to the finest possible detailsut together is to be viewed as a whole.
Universally speaking, armed forces which includes army as well, it be mentioned, are maintained by each and every country to safeguard territorial limits of the country it belongs to and from that stand point of view Pakistan armed forces cannot be different than rest of the countries on the face of the earth. Armed forces are primarily and exclusively mandated to give complete assurance that the country is 100% safe at land, sea and in air. Many a times, regretfully impossible to count, since the inception of my beloved Pakistan, our uniformed men and women have been asked by the country’s civil administration to extend help either in case of a natural calamity and or internal disturbances or both and each time they have done the most commendable jobs, for which not just me only, but the nation as a whole says big thank you for them.
The contents of the petition are very simple, straight forward asking for, ‘implementing the judicial orders of the apex court’. What is the ambiguity, if at all any, in asking for that whatever the Supreme Court has decreed and or ordered must be carried out accordingly? The orders issued by SC are to be very strictly and judiciously implemented by the concerned authorities and if the same are to ignored or bypassed then the question is why the orders were passed in the first instance. SC does not issue any order for non compliance but strict compliance if one understands the importance and seriousness of the said orders.
The applicant has nominated ministry of defense, senior army officers, and chief secretaries of all the provinces and the Election Commission of Pakistan as parties to the petition. This is quite a sufficient, if not comprehensive, list of different important and relevant entities which have been singled out in the petition so that all the star studded are called by in the Supreme Court either one by one or all at the same time to come out with their professional answers and justifications on the subject.
The bone of contention is that why did, she as an individual, file a petition in Supreme Court of Pakistan? What prompted compelled or even ignited her to go to the farthest end? What benefit, if any, she will reap from filing the case except some exposure and press coverage? Did she initiate it purely at her own free will or she is just the face but someone else is behind the curtain pulling the strings? Is she the only one amongst millions of Pakistanis, both me and females; lawyers and clients; commentators and critics; writers and journalists; academicians and bureaucrats; politicians and human rights activists and the list goes on and on who could take cognizance of the fact? Is it the very 1st time during the recent times that SC orders have been ignored and not implemented? Why did she take so long to initiate and knock at the doors of SC? Is it within the jurisdiction of the army to jump in as asked for? What can possibly happen now is the shrewdest possible and piercing question, both to be asked and answered?
However, it is very much crystal clear which even an ordinary commoner and a lay man, barring the intelligentsia, can very well understand that for quite some time our administrative and political arena is very much plagued with intrigues, distrust and doubts etc which is very much detrimental to the interests of the country. It is an admitted fact that in each and every country all the three fundamental functionaries of a government be it executive, judicial and or legislative must be well synchronized and work hand in hand in the greater interest of the country. Misbalancing, irrespective of the extent and intensity, between any of two or three components will be disastrous for the nation and hence it be avoided under all circumstances and cost.
Can’t we remember that in recent past a nation-wide movement from Karachi to Torkham; Gilgit to Pishin; Wagah border to Zahidan border for ‘restoration and independence of high judiciary’ was launched and led by Barrister Ch Aitzaz Ahsan (my law teacher 67-69), Senior Advocate Supreme Court of Pakistan? Did thousands of male and women from each district who responded to the call of Aitzaz and take to streets for months wish that SC orders be ignored? Thousand of working hours have been wasted all over the country when courts were boycotted and the lawyers joined the mammoth protesting procession demanding the supremacy of the higher judiciary. Lawyers in particular suffered a lot monetarily when they boycotted courts and took part in protests but for what is the unanswered question? Should I believe that my enlightened nation does not even know what does independence of judiciary mean? If SC orders are not implemented then should we feel proud or ashamed?
How ironical, if not cynical, is the situation where SC orders are openly and blatantly ignored and flouted though SC wanted them to be executed both in spirit and action? Many a time it has been read in the different newspapers flashed from Karachi, Lahore and Islamabad that, one way or the other; SC orders have been totally and or partially ignored by the administration, which as such is touching the no-return point. Each week, if not each day, our President and Prime Minister and ministers etc issue statements that there is no rift or animosity between the executive and the judiciary rather, on the contra, pleasantness and congeniality prevails between the two important pillars of the country. Time and again they say that they respect the judiciary and keep it in very high esteem and neither I nor you nor anyone else should doubt the words of our honorable VVIPs even if contrary is seen and experienced.
To me, the two lines news has rightly drummed up and its echo must have jerked the corridor of power in Islamabad and not only I or you but the nation as a whole is waiting impatiently to read as to what verdict is decreed by SC on the issue barring the use of army force to implement its orders.
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With my honest and solemn prayers
Sincere Iqbal Hadi Zaidi / Former Diplomat / Kuwait
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