Source: [Emergency] Mailing List
PPP sympathisers complain about the mysterious “Establishment” and their alleged role in destroying democracy in Pakistan for decades now. The Establishment, as defined by them, is a collection of dark, mystifying hands that apparently have many vested interests in upholding the status quo. This inexplicable group comprises rich army officers, the intelligence agencies and foreign hands who scheme together for their own economic and geo-strategic interests. To support this argument, examples of the Mullah-Military Alliance from the 1980s are repeated. The Establishment supposedly destroys institutions, murders politicians, blackmails judges and leaders, and sustains the Military Inc.
One major threat to the Establishment’s hold would be an independent judiciary a judiciary that will not bow down to pressure, sticks or carrots. Historically, many verdicts of our courts were not independent but extorted by threats and intimidation. Judges had regularly fallen victim to blackmail and “sex tapes” and received dictations from the Establishment. Judges who were bold enough not to obey the whims of the Establishment were conveniently removed.
Things changed considerably when Chief Justice Iftikhar Mohammad Chaudhry took charge and reoriented the judiciary’s direction in favour of the people. He was becoming increasingly independent and was beginning to check the excesses of the establishment. Among the most noted examples in this regard were the attempted loot privatisation of the Steel Mills well below their real worth and the case of the missing people illegally abducted and detained by the intelligence agencies.
As he became a growing threat to the Establishment, Iftikhar Chaudhry was summoned to General Musharraf’s camp office in the presence of serving military officers and the infamous Brig (r) Ejaz Shah on March 9, 2007. When he refused to resign, the nation stood up in his defence. This was unprecedented in the history of Pakistan and soon Chief Justice Iftikhar Chaudhry became a national hero, arguably the most popular Pakistani alive today.
After his reinstatement with the support of lawyers, students and civil society the judiciary was able to exercise its powers with increasing independence. Naturally, the Establishment could not allow such a judiciary to flourish, as their dirty games could now be brought to justice before an independent tribunal.
Pervez Musharraf struck back with his Nov 3 martial law and 60 judges refused to recognise it as legitimate. New cronies were appointed in the place of those who refused to bow down and the judiciary was tamed once again.
The results of the Feb 18 elections, however, have presented the PPP and PML-N with a golden opportunity to undo the illegal actions of Nov 3 and restore the real judiciary. Unfortunately, while the PML-N has maintained a clear stance in favour of restoring the judiciary, the PPP has been acting as the “B team” of the Establishment.
It is commonly believed that the NRO prevented the PPP from including the widely popular demand for restoration of the judges in its manifesto. The IRI polls of November suggested that an overwhelming majority (73 per cent) of Pakistanis opposed the PCO judges and Musharraf’s re-election (72 per cent). In addition, 61 per cent of Pakistanis and more than half of PPP voters opposed a Musharraf-Bhutto deal in November 2007. By going against popular opinion and supporting an unconstitutional and widely hated
president, the PPP was starting its political decline.
Public sentiment swayed towards the PPP after the tragic assassination of Benazir Bhutto. IRI’s January polls suggested that 50 per cent of Pakistan would vote for the PPP in the elections, up from 30 per cent in November. When the PPP refused to take a clear position for the restoration of the judiciary, its success was reduced to 31 per cent of the total votes in the country and 35 per cent of National Assembly seats. Many people still voted for the PPP in the hope that the absence of an unequivocal stance was only a
reflection of different priorities and not as part of the Musharraf-Bhutto deal. The PML-N, on the other hand, gained 5 per cent more seats than earlier calculated — a reward from the people of Pakistan for clearly declaring a no-compromise policy on the restoration of the heroes of Pakistan.
The stance for the restoration of the judges is not only popular but also in the greater interests of Pakistan. By restoring all judges who refused to take oath under the Nov 3 PCO, the judiciary would be cleared of those who could be bought or blackmailed. The judges would only be those who had refused to obey the Establishment’s instructions and stood for principles over positions or money. If the PPP plans to bring to justice the killers of Benazir Bhutto, this independent judiciary will be its best hope for the punishment of the culprits.
Unfortunately, instead of standing up for such a judiciary, the PPP is deliberately confusing a straightforward issue when all that is needed is to provide administrative support to Chief Justice Iftikhar Chaudhry and the other deposed judges so that they can go to their chambers and resume their duties. Legally, they are still the real judges since the Nov 3 action was a clear violation of the Constitution.
In the same way, the judges who agreed to collaborate with Pervez Musharraf in this conspiracy can and should be made dysfunctional and tried by a supreme judicial council in light of the last order by the real Supreme Court on Nov 3 barring any judge from taking oath under the new PCO. This is the constitutional position and there is no need to deliberately find excuses for retaining these PCO judges, as the PPP is doing.
The PPP’s delaying tactics and the minus-one, minus-two formulas are seriously undermining its credibility among the people of Pakistan. This is not only threatening its vote bank and creating rifts within the party, it also suggests that the PPP of today is no longer the party of Zulfikar Bhutto party that promised justice to all. And worse, by not purging the Nov 3 conspirators from the courts, it is implicitly welcoming similar future takeovers. If an act of the Establishment were to be taken to a court dominated by PCO-powered scions we can easily tell in whose favour they would vote.
We firmly believe that the only way for the PPP to put Pakistan on a sustainable path of democracy is to strengthen institutions and submit to the will of the real rulers — the people of Pakistan. As we had pointed out earlier, an overwhelming majority of Pakistanis not only wants an immediate restoration of the deposed judges but also the dismissal of the Nov 3 PCO judges. By not doing so and aligning itself with the Establishment, the PPP
is committing political suicide which, as well as affecting its votes, will leave open the way for future coups by the military establishment.
*The writers are students at Harvard University and members of the Student Action Committees (SAC) of Islamabad and the US. Emails: skhurram@fas.harvard.edu & aqil_sajjad@yahoo.ca*
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Tags: chief justice, Establishment, Iftikhar Chaudhry, PPP, Restoration
2 responses so far ↓
1 nehl abbasi // May 11, 2008 at 12:53 pm
after the death of zulfiqar ali bhutto,there has never been a true leader of the party which would think for the wel fair of the people of pakistan.spreading corruption,emptying al the natural assets of the country,imposing self exile,and hypocracy is al the party leaders have done.although i m a ppp supporter cz of ZAB but never agreed with bb’s politics.with the hope that zardari might do something for the beterment of pakistan, people voted for ppp.but i guess that ppp once again is going to shake hands with the culprits by not restoring the judges which is utterly atrocious.
2 Ilyas khan baloch // May 11, 2008 at 2:33 pm
Dear Sir/Madam,
Where are we going ….?
Muhammad Ali Jinnah, The FATHER OF NATION, in his 11 August 1947 Speech to the Constituent Assembly made it adequately clear that it would be a comprehensive and pluralistic democracy promising equal rights for all citizens regardless of religion, caste or creed, Pakistan was born as democratic state. In fact it has been failure of Pakistan socio-political system ,where in, Pakistani people are left at distant from the corridor of power so that the ruling elite, can do what they wanted to do in favors of their interest, leaving the Pakistani people at the mercy of circumstances. As this policy is denial of right of Pakistani people to rule their country according to their aspiration and desire to build this country, which can provide equal opportunity to all without any discrimination for the establishment of welfare society the dream never, come true till today.
Because of corrupt politician of Pakistan the army was tempted again and again to place for one after another military rule. It would be wrong to blame Pakistan army wholly for having usurped power for more than half of its life. It was in fact feudal corrupt politician that facilitated first martial law in Pakistan.
There can be no denying that Chief of CIA and his brother John Foster Dulles who was then Secretary of State who played key role in bringing Pakistan under martial law the feudal politician were responsible for the army rule. As unfolding the situation that brought Pakistan under martial law. Altaf Gauhar, biographer of Ayub Khan writes, Americans convinced their friend Iskander Mirza to handover power to Ayub Khan on 7 October 1958. Had there been shrewd political leadership in Pakistan in 1958, perhaps democracy would have taken firm roots in our country. Again, Zulfikar Ali Bhutto shown eagerness and patience during 7 March 1977 elections not to speak of Pakistan coming under martial law, perhaps, would have been alive and ruling at present. He would have most likely won a majority, even if not two thirds of majority. Apparently it was again weak handling of the post-Kargil war situation by political leadership that catapulted General Musharraf to power.
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However, it is not for the first time that people of Pakistan have spoken in favors of democracy, but whenever they got a break, they manifested their faith in democracy, so they did it on 18 February 2008, but did it work, no, therefore in order to get rid of socio-economic grievances we need to change the system at large. We did not have any outcome during change of faces since last 60 years. Is this not enough for a nation or do we need more humiliation or loss to the nation before we learn the lesson ?
The Political leadership in Pakistan needs to understand that it was people’s anger against the establishment that went into the ballot-boxes, and not one but all the political parties that have benefited from the popular rise, be obliged it to the voting public to work in combination, because no single party is in a position to go it alone. It seems that the wisdom from past mistakes has distilled upon Pakistan leadership and there is all likelihood of emergence of a national consensus for running of the country.
It will be difficult to expect any thing positive at this stage because, return of political leadership of PPP and PML(N) to Pakistan was subject to condition, political coalition cannot take creative action or dare to change policy of the national interest till general Musharaf is as president, current government need to take patriotic political decision in the interest of Pakistan without fear of American anger or their commitment and support during mediation process with USA.
Presidents and Prime Minister have come and gone in the past but it did not make a difference, regarding President Musharaf role about Country , there can be no two opinions as to whose, approach was proper or in the interest of people of Pakistan. No political party that was in the election arena raised a finger against the centralized power in the hands of one person or few of them Nobody talk about to empower the Pakistani at grass route level, why? Because they to, want to grab, total power in their own hand so how politician differ from musharaf mean all eggs are one and the same in the basket.
We have already lost the major part of Pakistan in 1971 simply to save the centralized sole power in the hands of ruling elite to exploit this country by the ruling leaders they let the country break in part then allowing the masses to rule this country democratically. In the present circumstances we are again dragging our sovereignty at stack for the external interest in the name of national interest, instead of our interest i.e. the interest of Pakistani people at large.
That mean only the society base on tolerance, equality and justice can be the real guarantee for the prosperous and strong Pakistan there for your intent is invited to the crucial movement which could be the point of distraction or disaster.
The only way -out of these crucial circumstances is to empower the common Pakistani at grass route level i.e. the change of system. This change is inevitable for the prosperous Pakistan .As a citizen of this country I have try to provide an alternate socio-political system to empower the masses at grass route level for rapid industrial and agriculture development with transparency and accountability in the system. Along with basic guarantees for the creation of welfare state, where in public representative and institution shall be answerable and accountable to the masses. I alone cannot make the change but together we can turn the table, and make the dream come true.
See…www.idp.org.pk
Ilyas khan Baloch
Organizer, Islamic Democratic Party
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