Democracy on Trial in Pakistan
By Salahuddin Haider
Karachi, Pakistan
A country, struggling to find moorings because of the repeated martial laws and whimsical decisions, has once again been trapped in uncertainty by an apex court decision which, instead of settling an issue, has stirred controversies and could well have severe political ramifications.
The point is: can Pakistan afford any more turmoil? Was the Supreme Court judgment against Nawaz and Shahbaz Sharif in tune with time and based on merit? We are neither judges, nor the law practitioners, but as writers and journalists, we certainly can qualify to be observers of any given situation or particular point, affecting the life of the people and as such, owe a dire responsibility to release our analysis on subjects needing in-depth study.
In this particular case, the defense raised a pertinent point as to whether the presence of two of the three judges, hearing the petition against Sharif brothers, deserved to be there. Secondly, as the Harvard Law observers monitoring the case stressed later that whether the verdict of 25 th February dealt more with technicalities rather than with the merit of the issues involved, have legitimately given birth to a thought process. It was also emphasized that while the apex court had upheld the high court judgment disqualifying Nawaz from fighting elections, a point can be made as to why the membership of the Punjab Assembly of Shahbaz, was terminated.
The fact remains that the judgemnt has raised more questions than it had sought to answer. Hence the public anger.
A case can be made that the agitation was confined to workers of the PML(N). Shops and markets in some areas also closed down, but theirs was the initial reaction, stemming spontaneously though. Involvement of the masses was missing. Would it be the same or will it invoke the broad sentiments of the people at a later stage, is a question that has to be watched. There cannot to be two views that the case was against politicians and had to have a political insight from those tackling the ticklish issue. A legal decision, weak or strong, must not ignore the environment prevailing around us. That an accusation flew later from Nawaz Sharif about a trade-off on the issue of judiciary between the government and his brother, was denied in a very subtle way. Presidency sources were quoted to have said something else to Shahbaz at the luncheon he was invited to by Mr Zardari. We have no means to judge the correctness or otherwise of the accusation, neither would we wish to be part of any blame game. That is not our job. It is for the Sharifs and the President to convince the countrymen about their particular responses.
Finger can also be pointed towards the imposition of the Governor rule in the Punjab. Even its timings could be called hasty, but while credit ought to be given to Shahbaz Sharif for leaving his official desk and heading home without the protocol or security squad without waiting for details of
the verdict, questions can also be raised about the way the Governor rule was imposed in Punjab. But frankly, a void had been created with the departure of the chief minister from his office, which had to be filled. The option for an in-house change was also available. It could be exercised even now. The Punjab Assembly has neither been suspended nor dissolved. During the emergency it cannot legislate but can dispose off other matters.
A discussion on the subject would remain incomplete unless a reference is made to the reaction of Prime Minister Yusuf Reza Gilani. He had asserted himself as the chief executive of the country and had even telephoned Shahbaz. He had appeared unhappy with the hasty transfer of the chief secretary in Lahore, but then he did go to see the President but whether the dust has really settled down or whether the difference of opinion and approach of the President and the Prime Minister continues to exist, requires deeper monitoring.
The Supreme Court decision has whipped up yet another political storm, which, if settled quickly would be better for the country, but if it assumes different dimension then it may well engulf the whole of the country. Questions need to be asked whether the President and the Prime Minister are on the same wavelength. If not, what will happen to the federal setup? These are vital questions and decisions in Islamabad and their timing, would help clinch the issue.
Realizing its blunder, the PPP revised its stand from installing its own chief minister in the troubled province, and opted for a reconciliation with the Nawaz party. PML(N) chief Nawaz Sharif, furious over treatment meted out to him kept hammering that he was betrayed by Zardari. Two of the PPP coalition partners, Asfandyar Wali, and Maulana Fazlur Rehman tried to convince the PPP chairman of the need to retrace his steps. He seemed to have succumbed their advice. Simultaneously, the Balochistan chief minister Aslam Raisani had a lengthy meeting with ousted chief minister Shahbaz Sharif in the southern Punjab region of Bahwalpur. Reportedly the meeting well of and could have borne results, but the governor Salman Taseer, along with the PPP Punjab chief Qasim Zia, released along charge sheet against Shahbaz to utter surprise of those expecting the atmosphere to improve. Taseer's press conference in which he accused Shahbaz, his old adversary of squandering money aimlessly, upset the applecart upside down, Nawaz and Shahbaz, feeling the pulse of the Punjab, addressed a series of public rallies at different places in the province ,toughening the tone of their language, and rejecting claims that backdoor negotiations had been held with them for restoring status quo ante. Sentiments in the Punjab was anti-federal government and came handy for the Sharifs to force their viewpoint to the people/
MQM, supporting Zardari, brought out a mammoth rally in Karachi reminding Sharif that during his prime minister-ship, governor's rules was imposed in Sindh in the 90s for 11 months. Twp principles can not be applied to same positions, The situation in Pakistan even four days of the court verdict, was fraught with all kinds of eventualities and could spell disaster in the end.
