Alliance of the Unpatriotic & the Unscrupulous Consolidated

By Usman Khalid

"A nation which can prefer disgrace to danger is prepared for a master, and deserves one!" Alexander Hamilton

There are celebrations all over Pakistan . What is being celebrated? Think about it! The political class is celebrating the emergence of an alliance of the "˜unpatriotic' and the "˜unscrupulous' on October 6 "“ the day Musharraf was elected President. Who elected him? All the votes caste for him were by those from PML (Q), a band of the utterly "˜unscrupulous' politicians and the anti-state terrorist mafia "“ the MQM. That the members of assemblies from APDM resigned rather than vote and the PPP boycotted the elections did not matter. It only helped the winner claim 98% support instead of 57%, which was the percentage of the Electoral College votes that the winning candidate actually obtained.

Musharraf the Commando never really cared about law of the land anyway. He is one those who believes that bayonets are good for all things including sitting on. He came to power by accident in a coup d'etat after an unpopular Prime Minister, Nawaz Sharif , tried to sack the second COAS in a row. The Army would not have it and the military players in that coup d'etat of October 1999 regret that ever since. After that every move of his has been no accident; he has planned each move. He sidelined the military at the outset and relied on the political class and the judiciary to uphold his authority. In April 2002, when he declared himself elected as President for five years in a 'eferendum' in which he was the only candidate, the Supreme Court validated his election even though the procedure adopted was not the one prescribed in the Constitution.

Things appeared to change when the new Chief Justice (CJ) rattled his administration by taking suo moto notice of the excesses of the administration. The CJ ruled against the government in cases brought before the court of massive corruption in "˜privatisation' of the Steel Mills etc. When he concluded that he would face further difficulties from the Supreme Court, he set about neutering it. He summoned the CJ to the office of the COAS, showed him intelligence reports about his misconduct and asked him to resign. The CJ refuse; the bullshit did not work. The case was taken up by the Supreme Court who reinstated the Chief Justice ruling that the President had no authority to remove the Chief Justice. The Supreme Court provided relief to many who had been under unlawful detention including the Acting President of the PML(N) Makhdoom Javed Hashmi. Former Prime Minister Nawaz Sharif was allowed to return to Pakistan and that is where Musharraf drew the line. He decided to court contempt and defied the Supreme Court verdict and sent Nawaz Sharif back to Saudi Arabia . He did not like any disruption in his plan to be re-elected by the current assemblies. He dared the CJ to indict his government for contempt. The Supreme Court blinked when hints were thrown that Martial Law would result.

Musharraf had made it known years earlier that he would like to be the President for another five years and that he would obtain the "˜mandate' from the present assemblies who have nearly completed their tenure. That shows his modus operandi. He reveals his plans long in advance and carefully examines the counter-strategy of the opposition that emerges. Then he makes his plans to frustrate the opposition. When he got away with deporting Nawaz Sharif, the euphoria in Pakistan over the judiciary having become independent subsided. It was thought that public accolade for the judiciary would sustain its capability to assert its independence. Then the dismissal of the petitions by Qazi Hussain Ahmed and Imran Khan by the Supreme Court on "˜technical grounds' confirmed to the Commando General that he had won the day. Although notification of the result of the presidential election is withheld until the judgement of the Supreme Court on "˜eligibility' issue, no one is holding his breath hoping Musharraf would be declared ineligible. He is the winner for the moment.

It also appears that disgracing Benazir was an essential part of the scheme. Since it was impossible to deflect the pressure from her foreign patrons, a deal was agreed to. But the political class in Pakistan is very tenacious in protecting its political assets. Being practically a foreigner with little equipment for the rough and tumble of Pakistani politics, she is no threat to any politician. But she is a threat to Pakistan and almost every one in Pakistan knows that. She is able to say things and make promises that no patriotic Pakistani could get away with. But that means she has no role in national politics; she leads a party that is the like of the MQM but without armed cadres. The General does not plan to share power with her or any one else; he will continue to rely on sectarian minorities, local nincompoops and foreign agents. Her "˜deal' with Musharraf would give credibility to the forthcoming elections. She may even get some share in power because that would make her vote bank disappear fast. Nawaz Sharif would also be allowed to return and contest elections as well court cases against him. Musharraf hopes that they would be slinging mud on each other thus allowing him to continue his capricious misrule.

At the moment, there is no danger to Musharraf from the political class. The danger is from the Army whose men are being slaughtered by fellow Pakistanis because of Musharraf's policies. The danger is also from the Judiciary, who may have chosen the humble pie awaiting its chance. There is every indication that that Judiciary took the threat of Musharraf promulgating Martial Law seriously. It might have been thought to be wise to be content with an undertaking from Musharraf to relinquish the office of COAS on being sworn in as President. But being Musharraf, he will transgress his authority soon or late. At that time he would have no friends "“ in the parliament, in the executive, in the armed forces or the judiciary. At the moment, Musharraf has no plans for the forthcoming elections except for using his aide - Tariq Aziz - to "˜influence' the award of party tickets and the results for the benefit of his secret favourites.

The strategy of the Bar Council did not work during the election for the President. The Bar could have got Justice Wajihuddin elected President if he had become the sole candidate of the opposition. But their disdain for the politicians came in the way. But the Bar Council still has an important role. It must pursue review of the cases in which the "˜Law of Necessity' had been invoked directly or indirectly when petitions were rejected on technical grounds. After all, General Yahya Khan was declared a "˜usurper' even though after his death.  Musharraf is very much alive and evidence of his violation of the constitution is plentiful and he is still undermining the rule of law in the country. One thing is absolutely certain; Pakistan will not become a proper country until it is able to PUNISH the holders of high office who commit crimes, violate the law and the constitution. Musharraf has become the symbol of "˜national disgrace' as he has foisted himself upon Pakistan against the will of the people for the third time. I hope and pray that he is removed by the actions of the judiciary (indictment) or the legislature (impeachment) because other alternatives are unlawful and our prime struggle as a nation is for the restoration of the 'ule of law'.