Judicial activism and fear factor

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2013-12-03T01:12:54+05:00 Fasihur Rehman Khan

Unlike the hustle bustle filled, somewhat noisy proceedings of the National Assembly, Senate session seems too serious a business for the press corps, especially young guns, to enjoy. But the technocrat-politician lot, mostly grey haired breed, is these days coming up with back to back issues of interest to make it flashy stuff for the television beams and newspaper stories. The mock Senate session was first of a series of theatrical performances, we all enjoyed, or just pretended. In the end, actually all lost interest, excluding the captive press corps, for the unnecessary drag by producers and directors of this “political saga”. Lets get down to real business, saner opposition voices echoed then and there, and rightly so. Public interest, supremacy of the parliament etc are back on the agenda, they all are ready to pursue, but to a safe extent. Relieved of his official duties with departure of PPP’s president from office, Senator Farhatullah Babar is in his typical legislative mode – focused and committed to the task at hand. Likeminded Opposition Leader Eitzaz Ahsan and Raza Rabbani are all ears, ready to pounce on every point of debate and advantage. Relieved of the governance related burden at least in the center, the opposition, and especially PPP’s brainy stock in the Senate, seemed all bent to make a point on the opening day of the present session. Issue at hand was a motion moved by Senator Farhatullah Babbar about judicial activism even in the appointment of honourable judges of superior courts. All his opposition colleagues readily agreed, with silent endorsement from the treasury benches, that their parliamentary oversight body has turned into a mere rubber stamp to endorse recommendations of the powerful Judicial Commission comprising top judges. 12/12/13 just a stone throw away is a factor which when discussed brings some noticeable relief on the very faces running the current dispensation. PPP, ANP and rest may have their own grudges or pent up feelings against the judicial activism they had to face for five years running. How allergic honorable Zardari Sb has been to judicial activism throughout his days in the presidency is an open secret now. All through those days and months, his close circles kept on pointing out every encroachment by the superior judiciary on governance matters, though they knew in their hearts, rampant corruption and nepotism, was the actual factor that had compelled them to kneel. As everyone claimed top PPP men were hand in glove throughout their tenure, we heard muted claims during the past weeks and months that former President Asif Zardari was not happy with the performance of the then premier, Yousuf Raza Gilani – his own pick. But what did the all-powerful President and de-facto party head do during all those years to nail down the unruly corrupt ministers and bureaucrats is any body’s guess. Fear factor is name of the game that does not let our legislators rise up to the occasion. Senator Mushahid Hussain had the guts to rightly point out. He took pains, through a few sentences to explain the phenomenon, and tell his Upper House of Parliament colleagues to come out of it, and stand firm on their ground. All the senators across the treasury-opposition divide knew Mushahid had struck the right chordes. Fear of judiciary and military establishment was written all over the last PPP governance footprint. The new PML-N face, after going through the thick and thin of Musharraf coup, seems more forthcoming in practical steps rather than mere rhetoric when it comes to supremacy of the civilian government. From hindsight the current League government seems an upgraded, more confidant and less haphazard version compared with two stints it had in the 90s.
But the fear factor is not letting the premier and team to pursue foreign and domestic policies, as they would have wished. One step forward and two steps backward is how his distracters laugh out his India policy. Wait and see is name of the game in the ruling party camp, for now.
Throughout their tenure the last PPP government believed in give and take to survive, be it National Reconciliation Order or Memo Gate – they had mastered the art of survival under any circumstances. India, Afghanistan and later on memo laden US policy became an almost no go area for the PPP stalwarts in 2012-13. Dilly delaying tactics to rescue and secure the notorious of all bureaucrats etc from courts, and extensions to powerful generals was the strategy they all hailed as hallmark of Zardari doctrine. Rest is history. Premier Sharif’s men are in a different mold. Luckily or otherwise, they are overseeing a formidable transition. First they got a humble and obedient civilian Supreme Commander in Mamnoon Hussain. Now a top General of choice, and soon a new top judge to deal with. The outgoing chief justice and brother judges were reinstated through lawyers-political workers movement, spearheaded by PML-N chief, and now premier. Luckily, experiences of the past had landed Sharif in a more patience mode where he could wait, and at least be seen, abiding by rules of the game. Senator Haji Adeel was blunt in referring to media reports that the PML-N government is actually waiting for the chief justice to retire before they could install bulk of the heads of autonomous bodies, corporations etc.
Leader of the House Raja Zafarul Haq was quick to term the whole thing speculative, baseless. Raja actually got the prodding from Anoushay Rehman who has finally rose to prominence in the ruling party bandwagon hanks to right (Kashmiri) connections and focused work.
On Monday, as the upper house proceedings progressed, she seemed literally spearheading the bunch of junior ministers tucked in the treasury front rows. Ministers of state -- Balighur Rehman, Khurram Dastgir, Aminul Hasnat – were all rears to her brainy ideas, smiling back in muted, somewhat affirmative manner. Sitting nearby, the old guards – Sartaj Aziz and Raja Zafarul Haq – seemed less interested in the pep talk. They are serious customers who mean business.
Pick of the day: Senator Sughra Imam and Mohsin Leghari, both hailing from influential agricultural lobby, had a valid point up their sleeves as they demanded formation of a special committee to come up with practical recommendations on preserving water resources of the country, including the river water disputes with eastern border neighbour. Lets hope unnecessary political rhetoric; fireworks subside to pave way for some constructive business.

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