Adil Najam
UPDATE (Sept 28, 2007): In a split decision (6-3), the Supreme Court of Pakistan has ruled that Gen. Musharraf can contest the Presidential Elections in uniform. Earlier, on September 20, Justice Javed Iqbal had remarked that the 17th Constitutional Amendment provided crutches to President Musharraf, not by the Supreme Court.
According to The News:
The nine-member larger Bench hearing the identical constitutional petitions comprised of Justice Rana Bhagwan Das, Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Muhammad Raza Khan, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokar, Justice Falak Sher, Justice Mian Shakirullah Jan and Justice M Javed Buttar…. Six of the nine-judge larger bench gave verdict in favour of dismissing the petitions while other three judges, Justice Rana Bhagwandas, Justice Sardar Muhammad Raza Khan and Justice Shakirullah Jan differed.
ORIGINAL POST: The main headline in The News today (Sept. 21, 2007) is revealing. It reads:
Oct. 6 set to “re-elect Musharraf.”
News reports in major newspapers do not usually use headlines with such obvious sarcasm. In fact, more than sarcasm there is desperation in the headline. It seems that like much of the nation, The News has also, finally, given up on the sham Presidential elections which are making a mockery of the Constitution, of the courts and, frankly, of the nation. The inverted commas in the headline say it all. The General wants to remain in power for his personal reasons, and he will do so no matter what, and no matter how. As the old Fifty-Fifty skit used to say: “karr lo jo karna hai”!
In a country where we change, amend, abuse, and concoct Constitutions at whims, it has always surprised me why we take Constitutional provisions so very seriously when it comes time to manipulate it. The spirit of the Constitution died long ago, what does it matter now whether the letter is followed or not?
Frankly, like The News, I am also disgusted with the process – and with everyone in it. While Gen. Musharraf has now lost all shred of process and is hell bent on keeping the Presidency by hook or by crook (and most likely by crook), the politicians and the media do not come across as much better either. The judiciary has fared better for now, but one wonders for how long.
What bugs me is the manipulation games everyone is playing with the Constitution. The media discussions are particularly depressing and people debate clauses but disregard the concepts behind the clauses. Everyone seems to relish the jorr torr, and no one wants to step back and say what does all of this mean for Pakistan.
There is absolutely no sense of what is “right” or “wrong”. Only, a discussion of what is ‘possible’ or ‘not possible.’ Politics may well be the ‘art of the possible’, but there is only that much abuse that even politics can take. Frankly, we have abused it enough.
Musharraf with his machinations to hold on to his kursi, the Chaudhries with their manipulations, the MMA with their fueling of fires, the MQM with its strongarm tactics, Benazir with her deals that seem really to center around getting the cases against her removed, even Nawaz Sharif with his less than convincing convictions …. None seems inspiring and none seems ready to rise to the moment.
Even the media seems to have lost its luster and relishes the minutia of dancing over a polity dying and being killed before its eyes. Engrossed in the sensationalism of the moment (whether it be a Presidential order, a Court adjournment, an Election Commission parchment, or merely the latest inanity from Sher Afghan) it seems to have no interest in the larger questions confronting the nation. The questions of democracy, the questions of extremism, the questions of civil war, the questions of economic disparity, the questions of civic disengagement, the questions of national lethargy in the face of all these questions.
I fear that I sound depressed. It is because I am. I have been in Pakistan the last three weeks, and personal reasons have kept me from writing much, or even visiting ATP much (thanks, Owais, for doing such a fine job managing the site), but I have thought often of writing about the daily political developments in this topi drama. I have not done so partly because I had even more pressing crises on my mind, but also because it has become increasingly difficult to look at all of this as anything except a political circus. But a very sad and depressing circus at that. This is not just playing poker with the fate of the nation, this is more like playing Russian roulette!
I made arrangements to be able to visit the Supreme Court during its current interesting cases. I decided not to go. Same reason. Its way too depressing. I am sorry, readers, to dump this on you, but its just one of those times. May these times end soon and may the sun shine again! Ameen! I have very little faith left in any of the major actors anymore, but I do have faith in the democratic spirit of ordinary Pakistanis. It will eventually triumph.
They say that democracy can sometimes lead to dirty politics. Yes, it can. But what we have just proved in Pakistan is that the lack of democracy leads to even dirtier politics.
I hope ATP will stem this blatant attempt to incite provincial prejudices based on sophmoric pseudo-analysis. My pejamistri’s yardstick, Iftikhar Chadhry is originally from teh Punjab too, and so were most of the judges on the full bench who reinstated the Chief Justice.
The statement you quote from Justice Javed is the pertinent one, the Court has said that politicians and society cannot make the Courts the fall guy for their own follies. Politicians and political workers cannot pass every buck to the Supre Court.
17th Amendment pass ki thi. Abb bhugto!
Fouj kay aanay pay mithaian banti theen. Aab bhugto!
Agar itna dukh hai tou sarkoun pay nikal aao (I hope we do). Warna bhugto!
This judgement amounts to a war crime against our own people. Justice Munir has risen from the death in all his glory. The people must stand up against this decision which has obviously being authored from the Presidential Palace. I guess my open letter to the President has not done any good as I expected it would, see ‘An Open Letter to President Musharraf - Pakistan or Musharraf First’ at http://www.otherpakistan.org/today2.html
The people’s verdict must be clear, go Musharraf go!
Wasim
pejamistri, you are forgetting that it is MMA that brought Musharaf to this position of strength and who brought MMA to power? People of NWFP and Baluchistan. Another major Musharaf supporter in parliament; MMQ is from Sindh.
Now tell me again that Punjabis are responsible for it…
So here are the judges distribution
Javaid Iqbal — Balochistan .. (originally from punjab)
Abdul Hameed Dogar — Sind — (Looks as if he is also originally from punjab and setteled in karachi)
Falek Sher — Punjab .. Lahore High Court
Javaid Buttar — Punjab — Lahore High Court
Nawaz Abbasi — Punjab — Lahore High Court
Faqir Khokhar — Pubjab — Lahore High Court
Bhagwan Das — Sind
Shakir Jaan — Peshawar
Sardar Raza khan — Peshawar
So true to their history Punjabi Judges have always stood with Dictator. Not a single Judge from Punjab sided with people.
Soon it will be over its just a matter of time if anyone belives that Gen Mushraff will go away for good you must be thick
He will rather destroy pakistan as he has done in the past to american interest. I closely monitor the sitution in pakistan my belive is if the oppsition partys unite including PPP than there is hope, Otherwise Allah save pakistan from evil.
Looking at Pakistani politics from afar, I am struck by the fact that there is a lot of politicking is going on but without any political party to speak of. The the real politics seems to be between the lawyers, army and the jihadist(”muslim” criminals); none of them have a political party. I think it is time that the real players form a political party or adopt a party. To some degree army has done it in the form of PML-Q. PML-Q should be renamed and PML-A (army), no need to disgrace the Quaid). PPP without the personality cult of Benazir does not have any leadership to speak of. Same goes for PML-N and MMA. Imran is all leadership no followers.
My other observation is, suppose that there are free and fair elections, what are the choices. People are going to vote in the same faces with laundry list of charge sheets. Democracy is not simply free and fair elections, it is a whole lot more.
Until the educated and the elite of Pakistan can create a real political party with a progressive platform that resonates with the people of most walks of life in Pakistan, it is not a bad deal to have the gentle martial law of by now chastened Musharaf continue. As long as the man on the street continues seeing economic progress, status quo is the lesser of the mutliple evils.
These elections for preisdent are now a sham and no one will take them seriously. Effectively we are already in a martial law.
It is not often that I disagree with Adil Najam, but this has to be one of those times. The “political circus” notwithstanding I see this more as a time for hope than a time to cry. It is not easy to get rid of a dictator backed by the army. And granted, Pakistan is confronting this situation for the third time in its history, but at least it looks like Musharraf will have to say goodbye, and it also looks like, more importantly, that the army may have to go away for good this time. I’m not saying its role will be completely eliminated from the civilian sphere, as that may take longer, but it will be a certain step in that direction. The army can no longer claim to be the “saviours”–the people just don’t buy it anymore. The geo-political situation has been such moreover that the role of the intelligence agencies has also come into question.
The politicians of course leave much to be desired but I agree with Jamshed’s observations earlier. The court may be over-active and the lawyers over-stepping their traditional role, but you know what–that’s the need of the hour, and somebody’ gotta step up to the plate as the politicians certainly aren’t.
When I just read about Wajihuddin Ahmed as the lawyers’ candidate, it made me quite hopeful. And if the PPP is stupid enough to agree to fielding zardari’s sister, than i think the divide between the old-world and new-world politicians will only become clearer. We may defections from the PPP ranks–people like aitzaz, raza rabbani–maybe the formation of new groups equipped to confront the issues of our day and rise up to the people’s expectations and hopes!