Reportedly Imran Khan has filed an urgent appeal to the UN Special Rapporteur on the Independence of Judges and Lawyers against the proposed amendments in the constitution. It has been contended in the appeal that the proposed amendments would entrench existing impunity for human rights violations committed by the security forces; pose a threat to the independence of the judiciary and rule of law besides denial of fundamental human rights to the people; remove the ability to judicially review the actions of Pakistan’s security services further reinforcing systematic impunity; remove jurisdiction from the Supreme Court to a new Federal Constitutional Court in relations to the enforcement of and protection of fundamental rights and matters of constitutional interpretation; will significantly restrict the ability of Imran Khan to challenge cases brought against him, including the government’s plans to try him in a military court, and will further undermine the independence of the judiciary, the separation of powers, and the protection of human rights and civil liberties in Pakistan. The submission urges the Special Rapporteur to issue an urgent communication to Pakistan about the proposed amendments.
This appeal I am afraid is yet another addition to the litany of Anti-Pakistan Acts by PTI and its founding chairman Imran Khan who since his removal from power as a result of a constitutional process has been propagating about human rights violations in Pakistan in the context of arrests made in regards to 9th May attacks on military installations and monuments of martyrs and accusing the establishment for all the woes of the country especially targeting person of the incumbent Chief of the Army Staff. Making amendments to the constitution is the exclusive prerogative of the parliament and it can make any amendments to the constitution and those amendments cannot be challenged in any court of law on any ground as enunciated in Articles 238 and 239. People can react and give their comments on the amendments only when they are passed. Until and unless the amendments are actually made it is rather premature to assume what impact they would have on civil liberties and human rights situation in addition to curbing the ability of the judiciary to protect human rights. Further, it is purely an internal matter of Pakistan and there exists a proper judicial system to take care of these issues if need be. Trying to internationalize these matters is clearly inimical to the interests of Pakistan and a blatant attempt to malign it among the international community.
I am amazed at the audacity of PTI and its chairman for raising the issue of fundamental rights and civil liberties at the international forum when during his three and-half years of rule he and his party recklessly indulged in pummeling fundamental rights and civil liberties by instituting false cases against its political opponents as well as ill-intentioned reference against a senior judge of the Supreme Court who is currently the Chief Justice of Pakistan. It is pertinent to mention that Imran Khan has himself admitted that filing of reference against him was a mistake. The party stalwarts have also admitted that the drug case against Rana Sanaullah was also wrong. How could a party with such dirty baggage talk about human rights and civil liberties?
The issues pointed out in the appeal actually should have been raised and discussed in the parliament where the party has a significant presence. That is the way political parties are supposed to conduct themselves. Another point worth making is that if PTI claims that the 2024 general elections were stolen from the party it should also have the heft to acknowledge the devious manner through which it came into power as a result of the 2018 general elections. The fact is that the party during its rule showed no inclination towards strengthening the edifice of democracy. All its actions were contrary to the norms of democracy. In a democratic dispensation ruling and opposition parties are two sides of the same coin and the system can run smoothly only when there is a working relationship between the two. But as we know Imran Khan loathed the idea of having any rapport with the opposition and subjected them to political vendetta.
It is really regrettable that PTI has invariably tried to internationalize internal political issues at the cost of state interests and in complete violation of the internationally recognized norms of political conduct. The lobby hired by PTI was instrumental in passing a resolution by the US Congress showing concern about human rights violations in Pakistan and expressing reservations over the conduct of the 2024 elections. Similarly, a resolution by the UN Working Group on Arbitrary Detention observed that Imran Khan was unlawfully and arbitrarily detained.
In addition to this maligning campaign against Pakistan, the party did its utmost to urge the IMF not to extend any loan facility to Pakistan by twice writing letters to its management. It was also guilty of backtracking on commitments made to IMF for availing extended fund facility during its regime which was a shameful act that soiled the image of the country and also created difficulties for the succeeding government to avail much-needed extended fund facilities from the IMF. Thank God that the situation has been reversed through consistent and committed efforts of the incumbent government. What the PTI has been doing and continues to do further reinforces the impression of the party being essentially anti-Pakistan because no political party in Pakistan has ever resorted to such tactics even during the worst political turmoil in the country.
Let it not be forgotten that the party has been receiving foreign funding. The ECP on 2nd August 2022 in its decision said” the allegations of taking prohibited funds from overseas Pakistanis and other entities against Tehrik-e-Insaf party stand proven. Concealing some party accounts is a violation of Article 17(3) which makes it obligatory for the parties to reveal their sources of funding. The PTI chairman submitted Form-I for five years (between2008-2013) which was found to be “grossly inaccurate on the basis of the financial statements obtained by this commission from SBP and other material available on record. Therefore [...] the matter falls within the ambit of Article 6(3) of Political Parties Order 2002 (PPO). Hence the commission directs that a notice may be issued to the respondent party in terms of Rule 6 of the PPO as to why the aforementioned prohibited funds may not be confiscated. The office is also directed to initiate any other action under the law in light of this order of the commission, including forwarding the case to the federal government.”
The party needs serious rethinking and refraining from politics at the cost of the state if it wants to remain relevant to the future political landscape of the country.
Malik Muhammad Ashraf
The writer is a freelance columnist. He can be reached at ashpak10@gmail.com