Long March: a show of public support

By: Amjad Malik

14 June Long March ended inconclusive, where lawyers showed wisdom by curtailing the gathering of masses turning into a mob wiping out the political process emerged as a result of 18 February elections. Lawyers made their point that public wants some sort of credible judiciary and to start with, they have at hand the 2 Nov Judges who refused to take personal oath of loyalty to outgoing General. Layers, Civic Society, media and politics of conscience have patiently rang the alarm bells giving time to the civilian govt to meet the public demand reserving the right to come again and next time they may not go back, until judges are restored and accountability is held on streets.

However, pressure to wind up all the "˜sit in' slogans or threats was all carried out in a bit of a hurry. May be lawyer leaders were a little bit tired or were under pressure of handling thousands on street which was a unique & unprecedented experience. In any event the show was successful and all credit goes to Nawaz Sharif for helping lawyers to muster public support and successful winding up as well as conveying clear threats to the President standing in his back yard.  Now one thing is for sure that either this public demand will be met in its entirety and judges will take charge in a few months to come or the whole political process will be wound up to either have new elections or new set up. In any new elections, lawyers may jump in the elections too with the same demand jointly with other political forces or singularly on the slogan of "˜justice for all including judges' as they have an elected team present to contest from Karachi to Peshawar with a strong net working. The ball is now in the court of the shrewd politicians some of which are still under the impression that President's survival is a security to the National Reconciliation ordinance which I think is  a fallacy. Politicians who have been facing trumped up charges  on political grounds must be ready once for all to face the music before a true independent judiciary with sharp teeth. It will not only ensure due process of law, fair trial and will promote a principle of an end to political victimisation of prisoners of conscience where people like Zardari and Javed Hashmi wait for years to have justice. A clear bill of health by free judiciary may only purify them all from the sins of past or by a South African style truth & reconciliation commission where looted money is given back in the public purse.

One thing missing in the whole scheme was the stalwarts of lawyers movement like Justices Wajeeh Uddin Ahmed, Fakhur uddin Ibrahim and Justice Siddiqui who have been vocal on the right direction as this consultation process must never end which differ them from the others. Otherwise progress may be hindered due to civil dictators creeping in the ranks of lawyers movement. Lawyers are different from others only because they consult, take advice from seniors and agree to disagree on all major issues of principle. A few also felt that Justice Chaudhary should have led the long march from Lahore towards Islamabad. He should have concluded the Long march by speaking to masses in the end thanking every one where lawyers in the end proposed a carefully drafted resolution which should have been presented and approved by public at hand and should have been given to politicians in Govt in the morning of 15 so that crowd goes back less dejected. Ali Ahmed Kurd whose fiery claims and speeches always gave a revolutionary approach with which normally things are settled in Pakistan was not there either and was missed dearly. It also gives a lesson that with fiery speeches you may get applause but judiciary does not get independence. It requires sheer political will, joint collaboration and consultation in the national interest, wisdom and sacrifice  which is  pre requisite to translate this dream into a reality. May be consultation is the key which needs to be mastered in coming days by lawyers.

In the end a word of wise to lawyers that they must not fall a prey to pragmatism and lack of resources thesis. If according to them 5 lacks can join them at Parade ground late at night in the barren lands of Islamabad, the very people have the capacity and courage to manage without food and drink for at least 48 hours so that a taster is given to the dictator for occupying the seat denying the mandate of 18 February elections. At that team lawyers negotiation teams must have polished their nails to extract a Governmental statement with a concrete promise to restore judges within a time framed deadline and or punishment to those who fired them. At least 48 hours sit in at the same ground would have unnerved all quarters and would have benefitted enormously and lawyers must have left with a date to come back again in case the judges are still on the road.

These are all academic analysis. In all process, Barrister Aitzaz Ahsan deserves an applause for staging a mini referendum against General Musharraf as well as against indecisive  Parliament. Now they must pay attention to the fact that whether its Executive Order, resolution or Constitutional package, Judges ought to be restored. Parliament so far has failed to make any progress to restore those judges who were made non functional on the eve of 3rd November against the order of then Chief Justice Iftikhar Choudhary. Road map is given, its do or die stage and I am afraid this time Parliamentarians will be responsible themselves for the downfall of political process if they fail to respect the public demand and the mandate given to them. The so called constitutional package has not yet been presented in the legislative body so far and Parliament is idle killing flies in first 3 months and rulers have vetoed its effectiveness by preferring to settle issues of national importance in drawing rooms and through back channel diplomacy. Unelected are dictating the elected ones and President is heading the gang of unelected who are ready to do any dirty just to please their boss. Two parallel governments are in action, one stops national media airing a top talk show and the other denies any involvement in it. Popular leaders are watching all this helplessly.   

Public is gauging the mood of this parliament with a caveat and they have enjoyed coming to street to raise their voice of dissent and if this enjoyment becomes a habit due to inefficiency of our ruling clan then they all will go who used to raise slogans of democracy, rule of law, justice in their election campaigns and did nothing when they came to power for their voters, people, institutions or to strengthen the very parliament they sit in except forming committees over committees to oversee matters until the demand is gone without justice. They have lost sanctity of their words now fear is their asset from those days when public questions their very eligibility to govern.

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

16 June 2008