Regarding NRO, ultimatum of biased Chief Justice of Pakistan to democratic government is getting over. The judiciary has a long history of approving and stamping one after the other all military rules valid under its famous theory of “doctrine of necessity” to suspend the whole constitution or part of it.
Unfortunately the current CJ is also among the beneficiaries of this controversial “doctrine of necessity”, when second PCO in the history of Pakistan was declared by General Pervez Musharraf on October 14, 1999. At the time of proclamation of PCO, the judiciary was not asked to take oath under PCO. On January 26, 2000 an order “Oath of Office (Judges) Order, 2000″ was issued that required that judiciary take oath of office under PCO and he was also among those who took oath to retain their offices and maintained tradition of status quo.
Then it was March 9, 2007, when the CJ was suspended by his master and same military dictator, whom he had given constitutional cover for ruling the country unconstitutionally. In this way, judicial activism incepted and lawyers, judges, civil society and political parties specially PPP played their active role for restoration of Iftikhar Muhammad Chaudhry and independence of judiciary and countrywide protests and rallies were carried out for that cause and it bore fruit and Chief Justice restored on July 20, 2007. At that time there were hearings of so many important cases like Steel Mill scandals and missing persons’ etc. underway.
Meanwhile, NRO was issued on October 5, 2007 by dictator Musharraf in the name of reconciliation and the CJ of Pakistan called that ordinance as contradictory to some articles of Constitution and legal proceedings were started against it on October 12, 2007. At the same time judiciary and military dictator’s clashes were on and in the consequences of that on November 3, 2007, military ruler sacked judiciary and emergency rule was imposed; lawyers, judges and political activists were arrested.
But there was a hope of reinstatement of judiciary emerged when democratic setup was put into place when Shaheed Mohtarma Benazir Bhutto gave her life for democracy; in return of that strong pressure of masses against military rule.
The democratic government restored judiciary and the CJP took his office back on March 20, 2009; and in this way great struggle for independent judiciary succeeded.
In November 2009, the government released the list of the beneficiaries of the National Reconciliation Ordinance on the directives of Prime Minister Yousuf Raza Gilani. The list included 8041 beneficiaries, most of which are bureaucrats, along with a handful of politicians.
According to then state minister for law Afzal Sindhu at a news conference, the ordinance affected 8041 people, including 34 politicians and three ambassadors. On December 16, 2009, the Supreme Court of Pakistan declared NRO unconstitutional. A 17- member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, declared the ordinance null and void. The court also said that all the cases disposed of because of the controversial ordinance now stand revived as of Oct 5, 2007, position.
The court opined that the NRO “seems to be against national interests thus it violates the provisions of the constitution.”
Western diplomats subsequently expressed concern that Pakistan could face further instability due to this ruling, especially if Mr Zardari’s political opponents try to remove him from office. Biased judiciary of Pakistan is playing criminal role against democracy and so far only single person that is the president has been targeted and remaining 8040 people are exempted from accountability. Is this not against national interests? Another important thing is that in the wake of this whole scenario current democratic setup is observing bad omens but good news is that international powers US, U.K and Pakistan’s time tested friends UAE and China have vowed to save this democratic system at any cost and these powers are actively engaged in winding up all pressures mounted against this democratic dispensation.
Swiss cases are no more issues, as Swiss attorney journal Daniel Zappeli clarified that Swiss courts cannot reopen the cases against President Zardari due to immunity he enjoys as president, the furore must be died down because international law also provides immunity to Mr Zardari as president of Pakistan. We have practical examples of France and Sudan regarding this. The French courts do not take action against Sarkozy for acts like his alleged involvement in the submarine scandal, allegedly done while he was not the president and the Sudanese president is not arrested anywhere around the world despite an International Criminal Court warrant due to his sovereign immunity, for violations he did while in office, as long as he is the president. President Zardari is the lawfully elected president and is as such immune from any legal action. While the biased CJ of Pakistan would love the dramatics of proceedings of cases of a serving president, such pleasure at the cost of virtual suspension of an article (248) in the Constitution would be a heavy price.
Mr. CJP, please stop your dirty business in the name of independent judiciary because your biased verdicts have put country’s existence at risk. My kind advice is to you is that you be the son of soil not the traitor.
Long Live Pakistan
Excellent piece of writing.
Personality based politics by the way of own agenda through individually managed and self loyal persons as an alternative of party manifesto politics results non-systemized and un-organized party structure, un-skilled and un-experienced leadership, non-political aptitude workers.
Whereas, establishment is well skilled and organized, experienced and systemized in bureaucratic and administrative duties at national, provincial and local level.
Therefore, manifesto less politics, fragile party structure and pseudo-political coworkers, force the political leaders either to subordinate or confront the establishment for politics or governance instead of reciprocal, honorable, reliable and fruitful institutional working relationship to perform their charter of duties according to the constitution, laws and rules of business.
In matter of fact, political parties are supposed to:
1. Work as a bureaucrat to prepare proper plans and programs through well skilled persons of related subject.
2. Act as an administrator to perform party affairs and redress public grievances through well experienced people of related field.
3. Behave as a social worker to interact with party supporters and general public through well respected personalities of related locality.
For this reason, political parties are required to be organized and systemized appropriately by considering the necessity of cadres at union council, tehsil, district, province and national level.
a. Cadre of leaders or initiators: comprised on persons, those possess intellectual wisdom to prepare proper plans and programs.
b. Cadre of workers or motivators: comprised on persons, those have organizational skill to organize and systematize the party.
c. Cadre of supporters or actors: comprised on persons, those are socially well respected among the masses and competent to collaborate and cooperate with public.
However, in Pakistan, political parties were/are never organized and systemized by the party owners according to the political ethics and manners along with party manifesto. Therefore, most of political parties work like Private Limited Companies and have their own sole agents, distributors and salesmen. Because of that most of the politicians have their own paid workers and working partners. They behave with the political workers like customers and they treat the general public like slaves.
CONSEQUENCE: Public feels disappointment, remains dissatisfied, become disillusioned from politicians and political parties. Therefore, opportunists, hypocrites and power as well as money hunger persons get the opportunity to arrange, manage or attain the domination and control of governance or politics. It results administrative victimization, judicial injustice, economical disaster and social polarization.
CONCLUSION: Grooming of local, provincial and national leadership is not possible without well organized and systemized political parties as per party manifesto and according to the political ethics and manners. Otherwise, un-groomed politicians, un-organized and non-systemized political parties have to subordinate or confront the establishment for politics or governance instead of reciprocal, honorable, reliable and fruitful institutional working relationship to perform their charter of duties according to the constitution, laws and rules of business.
DRAWBACK: Although, establishment is well skilled and organized, experienced and systemized in bureaucratic and administrative duties but without political wisdom; whereas political aptitude is necessary for the political and democratic atmosphere. Therefore, direct governance or proxy politics in shape of sponsorship, facilitation or by the way of producing pseudo-political leaders, workers and supporters breed the aggressive, arrogant and authoritarian perception of establishment in individuals, masses and democratic institutions.
It generates the emotions and impression of dictatorial rule of establishment by suppressing the personal, public and political privileges.
It facilitates the opportunists, hypocrites and power as well as money hunger persons to arrange, manage or attain the domination and control in governance or politics.
It leads towards cultivation of race, region and religion related differences, disputes and distrust along with conflicts, confrontations and clashes.
It promotes the personality based politics by the way of own agenda through individually managed and self loyal persons as an alternative of party manifesto politics, which results non-systemized and un-organized party structure; un-skilled and un-experienced leadership and non-political aptitude workers.
It destabilizes the social environment, economical stability and governance system.
It results social polarization, economical disaster and administrative victimization.
SUGGESTIONS: Systemized and organized party structure with skilled and experienced leadership and political mindset workers is the prerequisite of political potentiality and stability as well as reciprocal honorable, reliable and fruitful institutional working relationship according to the constitution, laws and rules of business.
Therefore, political parties are required to launch the “Political Brain Hunt” program to search the political aptitude leaders and workers from every district by the central rank leadership; from every tehsil by the provincial rank leadership and from every union council by the district rank leadership to organize and systemize their parties along with plan of grooming political ethics and skills in party leadership and workers by holding meetings, seminars and workshops.
NOTE: Skill as a prerequisite for establishment is sufficient, but for holder of power wisdom is the initial prerequisite.
QUOTE: Mankind will never see an end of the trouble until and unless; lovers of the wisdom come to hold political power or holder of power become lover of wisdom. (Plato)