NRO - ‘Non-Issue’, ‘Dead & Buried’ or Potential Time-Bomb
Legally all corruption cases that were pending before courts would revive after November 28 when the NRO would be in the words of PM Gilani "dead and buried".
President Zardari is protected by an Article of the Constitution that grants him immunity as long as he is the President
Following the decision of the government not to present the National Reconciliation Ordinance for approval in the National Assembly, Prime Minister Gilani has called it a `non-issue' and a `dead and buried' episode. But, n-issue' and a `dead and buried' episode. But, for those who have closely followed the events leading up to its promulgation on October 5, 2007, and the series of the fast and unexpected developments in its wake, it is difficult to share the optimism of Mr. Gilani. For, the develop ments have escaped rationality since the ordi nance was embedded in subjective consider ations primarily of Gen. Musharraf, Benazir and the US.
Musharraf was seeking an extension in his tenure as President, Benazir wanted the corruption and criminal cases against her and her husband withdrawn so that she could return to the country and secure its civilian leadership. The US brokered a deal between the two so that Musharraf as the military leader and Benazir as the civilian leader could focus on getting Osama and the terrorist groups - targets of the American administration. The unintended consequences, however, deprived Musharraf of the Presidency, Benazir of her life and enabled Zardari to maneuver himself into the Presidency. While the Pakistan army has succeeded in crushing the Taliban in Swat and is currently eliminating the terrorists and extremists from South Waziristan, the US is facing an unenviable situation in Afghanistan with the hold of Al Qaeda, Taliban and the brutal warlords expanding.
The legend in the preamble of the NRO sets lofty aims, i.e., "to promote national reconciliation, foster mutual trust and confidence amongst holders of public office and remove the vestiges of political vendetta and victimization (and) to make the election process more transparent." The Ordinance was thus pitched as a democracy-fortifying initiative. But, its subjectivity was betrayed by the fact that it was made applicable only to cases initiated between January 1, 1986 and October 12, 1999. The period covered the cases registered against Benazir and Zardari.
NRO, which a cynic has called `the rip-off ordinance" and another "a black law", was one of the two grave miscalculations of Gen. Musharraf. The other was the judicial coup of November 3, 2007. By bringing in the NRO, he thought the PPP would let him be the President for another term. He had taken a step back and that was the only direction he could move from then onwards.
He had to shed his uniform and face the threat of impeachment.
He had eventually not only to quit but also leave the country to take refuge in foreign lands. Although impeachment does not appear to be on the cards, its threat would keep Musharraf away from the country for a long time to come. He has, nevertheless, been often stating categorically that he intends to return to his homeland. He is currently in the US and giving lectures at fully packed halls in various cities. His lectures are accruing to him substantial amounts. His charisma is not tarnished by any rumor of corruption. He is under attack back home for having been a dictator and for having violated the Constitution.
When he toppled the government of Nawaz Sharif and grabbed the reins of power, he repeatedly mentioned that elimination of corruption was one of his top priorities. His lust for power was perhaps behind both the wrong moves mentioned above. The NRO that whitewashed the numerous charges of corruption against his prime rival, Benazir, and her husband, who was implicated in three murder cases also, must have been initiated by him to placate the couple and seek their support for his bid for another term as the President of the country. He also took action against the Chief Justice for the same reason. The CJ had given clear hints that Musharraf 's bid for another term was legally unsupportable.
The judicial coup of November 3, 2007 cooked his goose.
He had to quit; he forfeited whatever goodwill he had among political circles. Parties in the parliament threatened to impeach him unless he quit.
The Supreme Court in a July 31, 2009 ruling nullified the November 3 emergency proclamation and constitutional protection under it to 37 ordinances, including the NRO, issued by the Musharraf government. It gave the government 120 days for parliamentary approval of the decrees, as required under Article 89 of the Constitution. The deadline runs out on November 28. Since the government, which had been canvassing support of parliamentarians for the bill covering the provisions of the NRO, had to withdraw the bill for want of adequate support, it would automatically stand repealed on November 28.
In the 342-member National Assembly, the PPP has 124 seats and could form a government with the coalition of MQM that has 25 seats, ANP 13 seats, JUI and Independents. The bill was opposed not only by the PML(N) but by MQM, ANP, members from FATA and some independents who were part of the coalition. The government could not muster a majority and its own coalition members were opposed to it. Generally it was felt that the bill amounted to a condonation of corruption, if not an encouragement to people in power to resort to corruption.
The people of Pakistan and the media showed wherever possible their aversion to the bill. Their will, in this particular case at least, prevailed over the wishes of the few at the top of the heap of the rich and powerful.
Corruption in the country has, however, noticeably increased during the tenure of the present regime. In its latest report (September, 2009) Transparency International has called Pakistan one of the most corrupt countries of the world.
In its estimate, the incidence of corruption has increased fourfold between 2004 and 2008.
Legally all corruption cases that were pending before courts would revive after November 28 when the NRO would be in the words of PM Gilani "dead and buried". President Zardari is protected by an Article of the Constitution that grants him immunity as long as he is the President. There were quite a few corruption cases against him apart from three murder cases. He has always maintained that all the cases were politically motivated and that he has already remained confined to jail for over eight years.
In a meeting just held in Dubai between the MQM and the PPP representatives, an understanding is said to have been reached. Leaderships of both claim politics of principles. But, the current politics in Pakistan appears to be a strife of interest masquerading as a contest of principles. The common man will have to continue suffering the insufferable.
arifhussaini@hotmail.com
