Stale Mate

By: Amjad Malik

At last, it has happened what was feared for days by many here and abroad, that judges are not restored and Sharifs are out of cabinet. Nawaz Sharif has said good bye to PPP led cabinet preferring to sit and wait whilst lawyers and civil society is sorting out their armoury in a similar circumstance to that of 3 November position in order to raise their voice against the undesired acts of the government. This time they will have difficulty though as the opponent will be none other but a popular political party who came to revolutionise the state with their slogan of economic empowerment, education, employment and basic amenities by changing the system and taking revenge by installing true democracy. Instead, they are confused, back tracking and are toeing a line which is neither here nor there. A party which is alive because of bloodline of martyrs from Zulfiqar to Benazir is acting coercively with the ditto policies of the unpopular dictator despite their anti dictatorial slogans and claims upon which they grabbed votes in millions. We have seen the trailers in the form of possible forthcoming restrictions on the popular electronic network which is alarming especially in the reign of Bhuttoites whose claim for fame is media freedom, democracy & rule of law, instead, their die hard supporters who were whip lashed in the reign of Gen Zia in 70's are speechless at this miraculous developments.

Nawaz Sharif has the pulse of the nation as it should be because of being the living leader of Federation, he has judged rightly that judges are to be restored and if he can not assist lawyers in doing so at least he must not be seen in the opponent camp. Judges issue which was easier than we think to be resolved during the first sitting of the parliament has taken twists and turns and is jumping one date to another and from one committees to an other like a shuttle cock. It only requires political will and intention to restore the deposed judges which is quite similar to that of "˜let there be light' and there was light , similarly, parliament has that power to order that "˜let there be 2 Nov judiciary' and there will be judges sitting in their chambers as lawyers will ensure that will of the parliament is implemented in its true letter and spirit. But it is not happening soon which is a pity, however it's wise that PML(N) has assured not to be part of any attempt to sabotage PPP govt in centre and has not called for any strike as the show will be started by awakened lawyer and civic society. I expect many rounds of talks despite PML(N) out of cabinet as it will be in the interest of state to restore judges to avoid confusion and uncertainty.  Similarly this coalition experience is new in the country and sessions of negotiations through political dialogue by remaining in the political process will improve our attitude and mind set.  Two parties of different ideology now must support each other not to derail but allow the political process to work in which they must discuss, struggle, persuade and force each other towards their point of view at the same time shaping and forming an informed public view and try to achieve a settlement of disputes which are core to the nation's heart and is a common day occurrence in any Parliamentary form of Govt.

Morality has nothing to do with the politics but sometimes its good to have morality as politics without principles will be like a barren land or a lady. We have seen Indian coalitions working effectively despite so many differences and reservations, and we have also read negotiation powers in UK during northern Ireland conflict, however the prerequisite everywhere will be will and intention of the parties to trust each other. If one does not respect the honour of the other, then trust deficit looms in. Nawaz Sharif and Zardari both have common agenda to restore judges one way or the other, but mechanism they are suggesting is different to suggested by each other partner.  There are many unsolved mysteries too where  public is not aware of the true facts and neither they want to know, all they want is their judges back and back it very soon. PPP being the popular party will lose the trust of the people if they back track from the issue at all as the country does not afford strikes, collision between parties and institutions though it will suit to the Q and General Musharraf.

However country does not afford either to live in an unjust society where judges act on the will of their masters. If free, independent, judges are not brought in with pomp and show then dictators will come and go freely as they have been in last 60 years unchecked and Zardari's of our society will remain without fair trial for years, where no counsel will be present from other side whilst highly supreme constitutional matters are resolved in the court and where for the murder investigation of twice Premier we will have to knock the door of the United Nations, where children of the elite have to go abroad because they are not safe in their home land and politicians are exiled for years only because their presence in their country does not fit in the ruler's jig saw puzzle.  160 million people of Pakistan ask the victim Zardari of yesterday to save many Zardari's of future from this inhuman, unlawful and unbefitting treatment where they can think of having a hope of justice at all, a free trial, an access to court, an access to their judges from deserts, villages of Sindh or  mountains of Baluchistan or Kashmir. They want a society where 12^th May is not repeated where judges are not mal treated on the main public road and they are not incarcerated for months without charge. If we made that poor soul to loose that hope, then God forbid, it will not compensate with anything. Self respect have no replacement and if deposed judges are not restored at this juncture, the historians will write that in 2008 there was a chance to put a stop to military dictatorship once for all but one political partner fell a victim to pragmatism and one can only rely the quote of Ali that infidel society can survive but not the unjust, and the decision is yours.

Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a political analyst based in UK

12 May 2008