Government or Democracy (Do or die),

By Barrister Amjad Malik

Memogate stand off between, Govt, opposition, military establishment and courts is visible from the responses filed by khaki’s, and critics are of the view that days are numbered. Those who are in the habits of brinkmanship have a clear choice whether to let it happen and be ‘martyrs’ of fate, and provide fodder for the polls whenever they happen, or sacrifice Govt and save democracy. Past experience tells that self interest seldom let people make the right choice at the right time.

I feel if one is interested these are a few choices. First of all, president’s position has become controversial and he may not be able to act as head of federation and must consider resigning on illness grounds. That is saner choice than being tried, impeached or dragged on corruption charges post National Reconciliation Ordinance is scrapped by superior courts. The vacant post is filled with a president who command respect of federation, an honest, credible political elder any former chief justice, retired premier or elder from Baluchistan to send a right signal. At least with one  credible human being with consensus

PM must remain on scene otherwise once a little room is given to establishment the whole team will be gone, opposition should not resign from parliament and go for elections until last day and efforts must be made to retain civil strength. Prime minister must sack cabinet and form a 10 member cabinet representative of federation. He may take one from each including PPP, Pmln, Pmlq, MQM, ANP, JI, JUI, PTI, BNP, Fata, and Two additional representative(s) of Lawyer(s), and Media community. He must announce election(s) in 90 days.

Before elections, he must float and Pass national accountability bill paving way for accountability of all as corruption is a menace and is prevalent in all departments, and announce an independent NAB chair, and set up a South African style truth and reconciliation commission headed by a human rights lawyer/ or a retired SC Chief Justice to filter all NAB cases as per COD to avoid witch hunt again. NAB previously showed poor performance and cases were pending for years to seek political advantages for political reasons. He must erect a credible election commission who order scrutiny of voter’s registration and scrapping bogus entries. Forged degree holders must be disbarred and action must be ensued. Tax collection and net must be widened.

Post khaki's response, govt must Charge the envoy under Criminal Procedure Code of the Pakistan, under treason and inciting mutiny charges and allow a fair trial under session’s court and let him admit or defend independently. He must be provided due process and fair trial so that individual’s rights & public anxiety is addressed.

If the above is not acceptable, which it seems, we are landing slowly into the lap of establishment and a technocrat government soon anyone of them blinks. If that happens, democracy will be packed for  2-3 years and controlled legal administration, and accountability of politicians on the name of corruption take place and elections not sooner.
Nexus of generals with judges have ruled Pakistan for last 60 years and accountability on the name of corruption has led the drive for constitutionalism on the back burner. Pakistan must head for democracy with tighter ring rules on governance, Accountability across the board but no witch hunt, Review of NAB law so that it's horizon is widened, head is undisputed, and terms of reference clear.
If democracy is desired, election commission, courts, media, law enforcement segments, play their role to filter the process and separate the chaff from grain. If politicians are interested in parliament's sanctity then send credible honest people in the ring and preach democracy to party ranks. They must spread Democracy in their own party and ranks to an extent that from Karachi to Khyber parties are united, and democratically strengthened to an extent that no ‘sweets’ are distributed on the entry of the unlawful in the arena. Khaki’s will only be away if politicians are ready to take the challenge, and not only perform on governance, accountability, profitability, and national security but preserve rule of law, constitutionalism, and freedom themselves so that country’s interest remains intact. If their voters do not object at this usurpation as they are not trained then it will keep happening. So change the mindset all around, and pay heed to ‘charter for Pakistan’ it’s like relay race, politicians run with the others and take the peg with trust and performance on the national front. My conclusion is that the lesson of history is that we did not learn any lesson from it, and pity is that we are confronted with days like 5 July 77, 12 October 99, and 3 November 2007 every now and then. Who is to be blamed needs a probe, I think, and how many will fill the streets as a protest is anybody’s guess.

Barrister Amjad Malik is a chair of the Association of Pakistani lawyers (UK).

17 December 2011