Adil Najam
The news of Chief Justice Iftikhar Chaudhry’s reinstatement made one feel good. Real good. After a long time. It reminded one of all that we have been through. It reminded one, also, that exactly two year’s ago ATP had published the result of a Poll on whether the CJ’s removal was the right move. Maybe, the powers that were should have heeded our reader’s advice right then and spared themselves and everyone the ordeal:
(This Poll was conducted 2 years ago)
As I mentioned on NPR’s show All Things Considered today (read and listen to story here), I think what has happened has been truly revolutionary. However, as one wrote yesterday, the story is far from over. It has just taken the newest twist. It is a good twist. But we know much more is to follow. But what?
We do remember, of course, that he had been reinstated earlier too – by his peers in the Supreme Court. We also remember that promises and announcements are made by our political leaders to be broken. We also note that in listening to the speech it is not clear exactly what the terms of the decision are and exactly what the nature of the reinstatement will be. Also unclear is what the new power dynamics in Pakistan will be after this demonstration of the power of the people. It is very clear that this is a moral and political victory not of any political party or political leader but of the Pakistani people and of the Justice movement. But we also know that victory has a thousand fathers and many, including the vanquished will seek to take credit for it.
In short, more questions than answers loom before us and all indications suggest that things may become more unclear in the next many weeks than less.
But let me be totally clear, this is good unclarity, even necessary unclarity. What we have seen today is truly historic. As I have argued many times on this blog it was proved again that Pakistan is a democratic society trapped inside an undemocratic State. For two years now a citizen movement – a movement of progressive, liberal, educated, non-violence forces – persevered in the face of hardship, jailings, persecution, and ridicule even of their friends. And yet they fought on – non-violently and in a principled way – for an abstract idea. The idea that institutions matter. That justice matters.
For this to have happened in a society where too many on the extreme are trying to make points by violence (as extremists tried to do again today), where zealots and miscreants murder and cut off people’s ears and noses simply because they do not agree with them, where innocent people are blown up because of one’s misguided sense of religiosity, for this to have happened and for such major change to have come about in a peaceful way makes one very very happy. Ecstatic really.
Jinnah’s spirit must be smiling today. I certainly am.
But tomorrow, we all have to start asking ourselves the question: What next? The answers won’t be easy, but one hopes that people will show the same clarity of purpose they did here. There will be many questions. Here are some I can think of. I am sure our readers will add more questions. I am hopeful that they might also guide us on a few answers:
- Will this become Nawaz Sharif’s victory? If so, what will that mean for the power dynamics of Pakistan. If not, what does that mean for the power dynamics of Pakistan?
- Asif Ali Zardari remains the President. Bruised, beaten and weakened. But President nonetheless. Gen. Musharraf made an art-form of retreating under pressure and each time things became worse. How will it play out now?
- What about the dynamics within the PPP. A number of senior PPP leaders have been sidelined or have dropped out (including Aitizaz Ahsan). Does this mean that they will be brought back in – or might force their way back. What does this mean for the future of the PPP; with or without Zardari?
- What about the current court, including the new inductees and the balance of opinion in the Court? How would a reinstated Chief Justice Chaudhry act in that Court, especially on issues of political significance? Will he be able to act or will the media made every case before him a circus?
- And even if everything goes without hitch, what is the future of the amazing Citizen’s Movement that has been constructed here? My own hope is that a new politics may emerge in Pakistan around the faces and frameworks of this movement and that it will remain true to its aspirations rather than succumbing to political temptations.
There are, of course, so many other questions.
But the real one remains: What next?
I have to second what Aamir Ali wrote… amidst all the celebrations, why is no one questioning the CJ’s service under a martial law regime? The true heroes amongst the judiciary were those who refused to take oath after October 1999, refused to endorse the new setup and resigned or were forced to resign… for all his heroics over the past two years, and for all the independence he showed during his stint as CJ prior to March 2007, it should not be forgotten that this CJ served a dictator…
This is not to belittle him or the movement for his reinstatement, but objectivity demands that the above be discussed too…
And for all the celebrations, why is no one questioning the reliance on the JI thugs and their street power, and Nawaz Sharif’s rabble rousing antics? Why is no one questioning the absurdity of the JI and PML-N marching for “democracy” and “rule of law”? These two parties wouldn’t know anything about democracy if it performed the bhangra in front of their eyes…
What about Imran Khan and Hamid Gul? One can ignore Imran Khan and his one tonga party, but Hamid Gul championing a free judiciary?
Again, I do not wish, in this moment when the entire country seems to be in celebration and more or less rightly so, to rain on the parade, but why is there the complete lack of questioning of the role the rightwing parties played in this? How could Aitzaz Ahsan and Asma Jehangir reconcile their worldviews with those who have been diametrically opposed to them? Why did they let JI, PML-N and PTI to make hay while the sun shone on their movement?
Celebrate we should, but when the party is over, these are serious questions to ponder over…
I just hope this will bring Justice to a common person’s life as this is what we have been told by those who lead this movement.
I hope CJ will not start confronting the government as he did after getting reinstated on 20th July 2007.
I hope “movement for justice” will stop now and will not be kept alive to achieve other objectives – like it did by some after 20th July to get rid of Musharaf.
For me, we all just have been exploited in the name of “Justice”; exploited in the same way when Zia asked “do you want Islam?” and no one could say no, when Taliban ask “Do you want Sharia?” and many of us could not argue with them. Victims of Injustice in this country were when asked “Do you want Justice?” they found no reason to not stand with those running the show under the name “movement for justice”.
All political forces who participated in this long march had their own political objectives – which were not Justice by the way – and some of them got a pretty good deal. Those who did not are not happy with reinstatement.
I sincerely hope this all will bring at least some justice to a common person life but I am afraid I do not see it happening anytime soon – not even with CJ Iftikhar reinstated.
All of these questions are irrelevant. Commoners ask for jobs, education, law and order, safety and security.
On the lighter note, what will happen to Mullah Imran Khan now?
I think a whole series of questions surrounds Zardari. His future is indeed questionable if a fair judiciary is fully instated. So will he allow this reinstatement without any hitches? Iftikhar Chaudhry can not be in the panel if NRO is challenged in the court. But will fair proceedings be possible and what will Zardari do to avoid such fairness.
A few questions relate to the lawyers and the public as well. If any foul play is detected in the reinstatement process, how will the laywers react? What about the civil society? Will we be content with this victory and go back home? Many injustices still prevail in the society, are we ready to fight them similarly?
A good editorial by Dawn and Daily Times had a good one too. I’m assuming that Rana Bhagwandas is also coming back? Does anyone know?
http://www.dawn.com/wps/wcm/connect/Dawn%20Content %20Library/dawn/news/pakistan/the-road-ahead-hs
Monday morning was one for the believers. Fairy-tale endings are indeed possible in Pakistan: Iftikhar Chaudhry will once more be the chief justice of the Supreme Court of Pakistan. The lawyers and their supporters have taken a lot of flak, including in these columns, over the course of their movement. But credit is due to them for having run a determined and largely peaceful campaign in defence of a basic tenet of democracy: the right for a constitutional office-holder to not be ousted in an unconstitutional manner.
In this land, where talk of democracy has rarely matched its practice, a potentially important marker has been laid down. There are limits to what a military government or even a democratically elected one can get away with. Importantly, too, it has been shown that a democratic principle can defeat political expediency without triggering chaos.
Symbolism aside, the way forward will depend on the response of three groups: the superior judiciary, led by Iftikhar Chaudhry; the government, de facto led by President Zardari; and the opposition, led by Nawaz Sharif.
Start with the court of Chief Justice Chaudhry. Upon returning to office, the chief justice will be confronted with many of the issues he was grappling with when ousted from office. Top of that list are constitutional distortions and the tension between constitutional oversight of the executive and interference in its policies.
Gen Musharraf