Where does one find optimism?
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This endless discussion, both verbal and written, on whether the President of the
Republic, in the person of Asif Ali Zardari, sho-uld remain where he is or go has
become self-defeating. He is where he is, voted in by the representatives of the
people, all of whom were more than aware of his track record, and surely none of
whom, however desperate to be a hanger-on of his coat tails so as to clamber into or
preserve their positions, were in doubt as to his propensities and his ability to
possibly be deserving of all accusations levelled against him.
The fault lies not with Zar-dari, but with those who voted him in. Now they are all
stuck in their arguments on, once again and forever, the interpretation of the
constitution which seems to thwart all, be they layman or lawman. The much
discussed Article 248 would seem to imply that the President of the Republic, his
governors and assorted ministers are not answerable to any court for the exercise
of powers and performance of functions of their respective offices or for any act
done or purported to be done in the exercise of those powers and performance of
those functions.
Fine, none of these most honourable gentlemen or ladies can be held up for anything
they do whilst in office. Does this cover murder, manslaughter, robbery, and
whatever other crime one can come up with? If so, then all we can say is so be it. But
does it also cover past misdeeds? When the Zardari camp claims, as it must, that he
is endowed with perfect immunity are they saying that if in the past he stands
accused of having committed a crime, then the immunity holds whilst he is in office?
The anti-Zardari camp claims that he does not have immunity from any alleged past
misdeeds and that he should lawfully be taken to task. Does Article 248
automatically wash away all past contraventions of the law or does it only cover the
period of the holding of office?
Amidst all the counter claims is there no one in the country who is capable of
interpreting this mangled and mauled constitution which holds us is its throes so as
to sort out exactly what the immunity is and what it covers and does not cover? The
Supreme Court of Pakistan has not enlightened us. Should it not have, and should it
not? What is its interpretation of this immunity article? We need to know.
The matter of interpretation also applies to the Islamic provisions which came to us
courtesy military dictator President General Ziaul Haq, that great manipulator. Even
the learned judges of the Supreme Court seem to be stumped by these provisions
and unable to pinpoint exactly how they should or should not be applied. From a
reading of the short order of December 16, 2009, and the detailed judgment that
followed it would seem that both judges and provisions were left in a vacuum.
This situation holds true to this day and no end to the deadlock is anywhere on the
horizon. The country, its lawmakers and its interpreters of the law need to get real.
Anyhow, and whatever, lets face it - whether Zardari and his troupe are with us or
not with us makes not a whit of difference as there is no acceptable or viable
alternative that we know of right now. There is another national argument taking
place as to whether the country deserves and should have mid-term elections in view
of the mess in which the current government finds itself and its perceived contempt
for the people over which it rules. What can mid-term elections bring in? The same
old rot, the same old faces, the same old feudal, tribal, provincial mindset. The
present lot will either come back or the other lot that has been around with us for
some quarter of a century will have another turn.
We do not have elements of change. The status quo, as always, will be maintained -
a fractious political scenario, a dangerous economic situation, poverty, a population
explosion and accompanying illiteracy which the feudal tribal min-dset goes out of its
way to fuel, and all the ills and crimes against the people that go hand-in-hand with
politics as played in Pakistan, civilian or military.
The writer is a freelance columnist.
Email: jilani.amina@gmail.com