Passing the buck

The Supreme Court judgement just made, in response to several petitions in hearing before it, has struck down all acts and orders made by Musharraf between November 3 and December 22, 2007 as illegal, but the decision essentially relates to the judges case, although it has far-reaching implications. It is opined that the judgement has made certain exceptions, giving substance to the infamous law of necessity. This is only true to the extent that it has allowed or regularised such acts of the past government which were genuinely in the national interest, such as holding of general elections and the resulting Parliament and government including oath of office to the president. This is in line with the declared intent of the chief justice prior to the judgement that it would seek to protect the nascent democratic system, rather than catapult the applecart. This is notwithstanding some detractors who always like to take credit away from where it lies, and spin the usual theories of a nod, a signal or a firm message from 'somewhere'. Some call it 'passing the buck'. In handing down the 14-member Supreme Court verdict, which is a momentous one, the judiciary has made some amends over its past conduct, where it had been legitimising military takeovers under coercion on one pretext or the other. It has also prepared ground and provided a unique opportunity for the parliamentary system to prove its efficacy. Although issuance of an ordinance by an illegal entity by itself is ultra-vires, such ordinances unless extended and revalidated, or ratified by an Act of the Parliament, ought to have automatically lapsed. Review and action by the Parliament, on the sustainability or otherwise of the 37 ordinances issued by the dictator, whether considered in the larger interest of the masses and the country or not, is now mandatory within a period of 120 days, prominent among them being the one pertaining to the NRO. It is in fact a litmus test for the survival of the system and for the parliamentarians to act rather than merely hedge behind oft-chanted slogan of dictatorial usurpation of power stunting the growth of democracy. There could not have been a worse discriminatory 'ruling' than the infamous National Reconciliation Ordinance (NRO), which contrary to the essence of its meaning, sought to benefit a select few close associates, rather than being a convincing amnesty across the board for the people of Pakistan, and has been condemned worldwide including by Transparency International. This NRO in fact by design excluded some adversaries. But it would be in the fitness of things, that like some who chose not to avail the immunity offered by the presidential decree and elected to fight out their cases in the court, others also followed suit. As to the judges case, while validation of the administrative and financial decisions during Justice Abdul Hameed Dogar's tenure as CJ is understandable because whatever is committed or incurred cannot be undone, an irksome point of law and logic considered contradictory in terms, is the oath of office administered by the unconstitutional CJ to the president. In my humble submission, a more dignified and plausible remedy ought to have merited consideration, the moment CJ Iftikhar Muhammad Chaudhry was restored in March 2009. A fresh oath of office, to take retrospective effect ought to have been administered to the president by Justice Chaudhry because he had been the legitimate CJ at that time the president assumed office. Such oath, would be deemed to have been administered by the lawful authority when made possible by circumstances, and could take retrospective effect. The need for a Federal Court, or a Federal Bench of the High Court, no doubt is unquestionable, as is the enhancement in the number of judges and their appointment. The Supreme Court judgement has outlawed both, only because the establishment of the Islamabad Bench of High Court could only be done through an act of the Parliament, and the number of Judges had to be increased and appointed by the lawful authority, which had to be the lawful chief justice of the Supreme Court. I have no doubt in my mind that both will be in place very soon with necessary legislation. In the checkered 62 years history of Pakistan, all principal institutions of the country have in turn mauled, trampled and exploited the fundamental rights of the people instead of providing them relief and boosting their dignity and self-respect. However, the judiciary on its part has set the tone for self-analysis and introspection in order to cleanse the institution and redefine its rules of business. The armed forces did so soon after the present incumbent assumed charge of its leadership. It is now for Parliament to deliver through phased but speedy amendments in the constitution, and review of ordinances issued by Musharraf. The judgement has not passed on the buck, but laid the foundations for all national institutions to function effectively within their respective jurisdiction. As to the initiative of the Parliament to book the violator of the constitution under Article 6, the presidential spokesman has subtly hinted otherwise, in saying that rather than look to hand down a physical punishment, it would be fitting to give him 'punishment in perpetuity'. It remains to be seen if the PM and his Parliament view it differently and resolve to make an example of the dictator, to serve as a deterrent in the future; and if so, why not all the previous ones? One also hears of suggestions that the army proceed against the erring general under the Army Act. This to me is carrying it too far, and really trying to pass the buck. One hears a lot of talk these days about making comprehensive amendments in the constitution for which a supposed 27-member All Parties Parliamentary Committee has been formed and tasked, so that all loopholes for future military adventure into seizing power were effectively plugged. This to me reflects either the lack of guts or the will by the parliamentarians to really address the issue. Parliament needs no greater guarantee and ironclad deterrent against army takeover, than the already existing Article 6 in the constitution. But if the Parliament for whatever reason fails to make an example despite supportive verdicts by the judiciary, then they better know that nothing will save them from the dreaded din of the heavy boots, the sound of which they seem to recall every now and then. The people of Pakistan, who have been on the receiving end all the time, are sick and tired of this unending musical chairs and the blame game among incumbents to the throne; some championing democracy and blaming army interventions for preventing it, some blaming global economic recession, others blaming belligerent neighbours and inimical world powers, and all refusing to introspect and take corrective measures themselves. The people will have none of this, and will not be fooled any longer by anyone, be it the civil or military rulers, as they make no distinction as to who should govern. They will accept anyone who delivers and makes their lives easy. They will welcome anyone who would guarantee them dignity, self-respect, economic and social justice. They will not wait in suffering for yet another four- or five-year term of elected office, only to discover that as in the past, they are even worse off. Believe me, they hate meaningless photo-sessions of political leaders with foreign dignitaries, or the one's showing them sympathising with those suffering or dead, administrating polio drops or handing over cheques or relief goods, or issuing statements condemning acts of violence, blasts, loot or arson, and promising 'exemplary punishment'. They expect resolution and results rather than empty promises. No one expects miracles with a plethora of issues confronting the nation. But if the rulers are sincere, they ought to prioritise their actions by feeling the pulse of the people and providing them relief across the board, and not merely offering lip service or passing the buck and blame on to military takeovers for all the ills. They will instead need to look themselves in the mirror and perform. The writer is a freelance columnist E-mail: zaheerbhatti1@gmail.com