Fazal Elahi, Sonia or Musharraf, choice is limited for Mr. Zi
Amjad Malik Writes on cross fire on NRO in Parliament of Pakistan
Nov 3, reminds us how a military dictator on the basis of his might tried to erode the civil liberties, peoples wishes and imposed a mini martial law by sacking many right thinking judges. In the end General Musharraf had to retreat when public pressure, international dissent and Pakistan’s new born media refused to cave in. Retreat on his NRO (National Reconciliation Ordinance) has ignited a new fire in Pakistan which has the potential to smite all the civil achievements public has achieved thus far looking at IRI latest polls which favours Army at 9, Judiciary at 7 and Mr. Zi at 2 which is an alarming sign for any democrat let alone PPP. Even fools can calculate the scope of NRO in Pakistan as it can not withstand any accountability which is in direct conflict with Art. 25 which says that every citizen is equal in the eyes of law.
Accountability process was agreed in Charter of democracy in ‘Code of Conduct’ chapter. In chapter B para 13 t says as following, “ 13. (a) Truth and Reconciliation Commission be established to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically motivated accountability. The commission will also examine and report its findings on military coups and civil removals of governments from 1996”. Furthermore, (b) A commission shall also examine and identify the causes of and fix responsibility and make recommendations in the light thereof for incidences such as Kargil.(c) Accountability of NAB and other Ehtesab operators to identify and hold accountable abuse of office by NAB operators through purgery and perversion of justice and violation of human rights since its establishment.(d) To replace politically motivated NAB with an independent accountability commission, whose chairman shall be nominated by the prime minister in consultation with the leader of opposition and confirmed by a joint parliamentary committee with 50 per cent members from treasury benches and remaining 50 per cent from opposition parties in same manner as appointment of judges through transparent public hearing. The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgements and would have not dealt”. Despite calls of his allies, he himself vetoed that process which was injustice to Be Nazir’s commitment and the future of free democracy in Pakistan.
On 7 September 2008 , the writer wrote that Mr. Zi can either be a don of yesterday or be an originator of a new dawn for the poverty ridden, institutionally weak, segregated, and truly traumatised Pakistan. I foresaw four problems for him, when he was duly elected by the Parliament on 6 September 2008 in order to restart a new chapter in Pakistan with an aim of parliamentary sovereignty, rule of law and economic alleviation in the country which is at the verge of institutional and economic collapse. I wrote, “First of all his impartiality as his job requires him to treat all equally by genuinely promoting Federation and allowing the healthy opposition by invoking an idea of issue based constructive politics. He must also consider giving his party position to that of his sister and or the sister in law whilst he is a head of state, of course with due consultation of his party”. When we see the results, we witnessed that he organised one party meetings in Presidency, could not see all parties equally, became a party in imposition of Governor rule, and opposition leaders disqualification(s), backed out on his promises and net result is that he is confined in four walls waiting for a final push from his allies.
I wrote, “Secondly, most important issue is Pakistan’s foreign policy. I believe the determination the limits of Pakistan’s role in war on terror will be very crucial and he must take Parliament and security apparatus in confidence in order to advance Pakistan’s due and lawful contribution in this global exercise keeping our sovereignty intact. Musharraf’s tacit understandings which has no parliamentary backing will not be acceptable now and any ‘double crossing’ will not work here either, so he must make it clear that no access either to nuclear or our rear tribal areas without Parliamentary approval and security clearance as that will determine how far his new assignment is acceptable to circles which matters. If aid emphasis remains on United States then shopping list will come with it from them and trade preference will vanish so we need a clear priority on state integrity, controlling inside security and flourishing economic activity”. When we see the passing of Kerry Lugar Bill debate in Parliament and his diplomacy to meagrely accept conditions USA been long awaiting, he tried to subdue ISI and military without developing consensus with his opposition allies in COD thus he nailed his coffin. He silently agreed drone attacks, and his Ministers said we had no technology to intercept quite contrary to the reality. He gave access to Americans in the capital area quite nearer to kahuta atomic centre which jeopardised the national security of the state. Thus he failed in twisting the state towards trade but kept on begging aid so he failed the second condition too.
I wrote, ‘Thirdly, judges issue will remain a bone of contention in his governance if not settled amicably. I am sure he can work on bigger issues of repealing 17th amendment, implementing charter of democracy and economic revival if judges are restored in accordance with his own declared agreements with his opponents. I am not sure whether he is acting like Nehru or is genuinely has been transformed like him but his credibility will depend a lot on how he settles the judges issue. The way he has so far managed to divide judges, pulled out pro PPP lawyers from the movement and finally had capped the long march show his capacity & management skills. However, dishonouring the whole struggle may not leave any judge in future for so called war of independence of judiciary and sovereignty of Parliament in the event military comes in future, so despite having reservation on any particular judge by PPP, saving the original principle is a genuine and national cause. Iftikhar Choudhary no doubt carries the support of the people for his resilience against a dictator since 9 March 2007 and their clans restoration, compensation and honouring them will create a serious obstacle in the way of military intervention in future’.
16 March 2009 proved a mile stone for exiled Nawaz Sharif, a slept jinni to come out of his shell and reignite his politics and he proved the President wrong when people came out of their houses in protest as BBC quoted ‘people came out like bullets of Kalashnikov’. I think he made a blunder by backing out on his promises and declaring Chief justice political thus wiping out on his wife’s statement that he is her Chief Justice. He had to pocket an insult when Chief Justice was restored with an executive order. He lost the chance to barter his tenure in 18th amendment, which was naivety and bad advice by his unprofessional advisors.
Finally, i wrote, “Fourthly, the issue of a popular slogan of ‘roti kapra aur makkan’ the manifesto of PPP to ease the suffering of ordinary people of Pakistan by providing shelter, food and employment, basic justice and human rights and that’s only possible if Mr. Zardari’s government could get out of the mess it should have been out in the first month. When there is an international food shortage and recession looming over our heads and Pakistani budget trailing in 10 billion, there is not a lot of economic activity one may initiate. Its agreed that his govt. may not be able to fill the bellies of millions who are living below poverty line, but historian will definitely forgive him if he contributes to rebuild a basic structure from where services are provided by erecting hospitals, employment bureaus, educational establishments, and justice for all irrespective of who they are as I believe if his nation is healthy, happy and educated and is treated equally then they will find a way to contribute constructively in any national drive”.
Looking at current situation in Pakistan, people are devoid of basic civil governance. He has not spent a night outside his palace. He has not visited war torn areas. He has not announced any package for unsung heroes who are laying their lives to safeguard our future. Let alone he has not even visited GHQ martyrs memorial where even foreign dignitaries go and pay their visits. Sugar scandals invo9ling his Ministers, Electricity shortage and rental power agreements involving his ministers, licences to DynCorp involving his ministers and as parallel Punjab government tightly keeping a low profile and working in alliance with the same PPP but not allowing a penny to go by without accountability proves that it was achieve bale. Corruption scandals has given rise to a suspicion in lay people’s minds that may be all was right about him.
Finally I wrote, “Finally a word of wise to new President that complacency is a very dangerous thing in politics and he must learn from that of the coup de tat against Mian Nawaz Sharif. When General Musharraf took over on 12 October 99, Mr. Sharif’s premiership had a two third majority, his own party supported President, his brother as chief minister and he had his governments in all remaining provinces including his speaker and chair of senate but we witnessed that a junior ranking officer implemented the orders of his seniors by pointing a short range gun on the prime Minister and his own appointed COAS. The lesson from it was clear and unambiguous to initiate a ‘charter of democracy’ by both former premiers to avoid a similar situation in future and form a policy of civilian co-existence. Absolute power is nothing, the key to save the system is in partnership of civil and military and collective collaboration of political forces until we are out of a real threat of a war”.
I am at loss looking at the rating of Pak army, it means he learnt nothing and ruined his party’s potential to lead the state out of the mess. 18th amendment could have solved many problems by enacting the ‘Charter of Democracy’ in the first quarter for Zardari and party and he could have wiped out his past, but alas he had his own strategy, which was that he had no strategy at all but deceit, and bluff. He has limited options, now as he may not accept the role akin to Sonia Gandhi now, but possibly Fazal Elahi if he is willing to do wonders on his party commitment on ‘COD’, or a remote choice of Musharraf may be open subject to Judiciary keeps quiet like they did on the release of Dyncop outlawed in Islamabad. Who knows, he may be allowed to run, otherwise things are going towards ‘dragging’ though painful for me even to write. Alas he lost a chance to reignite a new dawn in Pakistan, a day of democracy, free thinking, good governance and the civil system which his father in law inaugurated by invoking 1973 constitution , and for which his wife died for.
Amjad Malik, is a Solicitor-Advocate Supreme Court of England
3 November 2009