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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Amjad_Malik
Full Name: Amjad Malik
User since: 15/Jun/2007
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Memo Saga

Barrister Amjad Malik, London 28 November 2011

 

The moment I read the article of President Asif Ali Zardari in western press declaring the 2 May 2011 ‘operation Geronimo’ a great victory, and Pakistani premier congratulating the nation and hinting it a joint operation, I knew something is wrong here. Pakistani state did not let people blink and surrendered their sovereign right to protest in UN security council over invasion of its territorial sovereignty which was against the United Nation’s charter. I am sure ‘memo’ has something to do with the Pre & post 2 May action/reaction. When Hussain Haqqani was communicating allegedly with an American journalist cum entrepreneur Mansoor Ijaz to act as a pigeon, he hardly could imagine being held accountable after belting successfully the release of ‘Raymond Davis’ and the capture of Binladen dead or alive. His untouchable or invincible role due to his contribution to USA was something our rulers dream of. If he averted a coup on 10 May by this memo then it may be a service to his govt. However, if the conditions attached are factually correct i.e promising to replace top army brass, boots on the ground, access to nuclear programme, ending section ‘S’, and handing over personnel to India in Bombay attack charge sheet, then if proven he is in hot waters but only from military side. That is worst than a mutiny alleged by Musharraf against Javed Hashmi who served imprisonment upon conviction for waving a letter to army ranks. Mind you establishment may dislike him, but he has earned his place as an ‘asset’ in ruling party’s ranks, and as Dr Rehman Malik was promoted for his services to the leadership for sharing spools of conversations between judges & executive, Haqqani may get a top slot just like that, and may be promoted very soon. So a word of wise for Pakistani decision makers who wish to have a credible probe where no one can interferer, then unless all those alleged are out of the ring, it is not possible. So, either do something tangible to protect its national security and have an effective probe or put up and shut up.

 

Pakistan’s problem is that the people are in a rock and hard place for years experiencing mal administration, poverty, corruption and lack of direction & leadership. People’s struggle always is responded by a democracy as corrupt as this one labelling it a ‘genuine’ democracy’ which is an illusion. In fact this brokered arrangement is a fallacy duly protected by ‘National Reconciliation Ordinance’ to serve its masters. NRO has been scrapped by superior court on 16 December 2009, however there is an implementation issue and judiciary in a fix whether to get its orders implemented by the force of Article 190 of the Constitution directing all other executive machinery and enforcement segments to implement or wait and see. So far they are just doing that, as they know that overkill may smite the civil dispensation which came to formation as a result of 9 March 2007’s historic struggle of black coats. If Superior Court directions backfires, It may invite another ‘mighty’ with a revised Provisional Constitutional order (PCO), and those who are unwilling to swear allegiance may go home. There is no dearth of those who are ready to side by the new comers.

 

A fatal development proved the contents of memo right. On the night of 26th NATO helicopters freely came to Pakistani areas and readily killed 26 soldiers. Nation is in anger. But critics are of the view that DCC by blocking NATO supplies or indicating to vacate Shamsi base in Baluchistan is not doing enough to protect its public & borders. When sovereignty is bartered with ‘dollars’ then these kind of events are inevitable, and genuine overhaul is deemed necessary. There are two major resolutions of parliament authorising the Govt  paving way for a review of ‘foreign policy’ but eternal silence remained an asset of the ruling party. This is not the first attack and 2 May single handed operation and Mehran base attacks has widened the gulf enough to reconsider each other’s positions. Not outright war but at least ready for it. Pakistan must control its internal conflicts in order to overcome its external pressures. Army is not letting its old habits go. Politicians have not come whiter than white due to issues like ‘memogate’, corruption, lack of democracy in their ranks and weaker commitments towards democracy & accountability.

 

State institutions must bell the cat. Rather than manufacturing a new leadership let the flow of democracy be strengthened and institutions attain checks and balances paving way for a true leadership representative and accountable. Election Commission, judiciary, law enforcement segments and media can genuinely help the masses to install a truly representative administration in Pakistan. But for that one must surrender its ego, and look for the ‘best interest of state’ as outlined in Article 5 of the state constitution. Those who have decided that they will determine the national security of the state has already outsources its mandate to someone else. That’s is the loss of Pakistan that it is still undecided, undemocratic and unjust. Hats off to ‘Hashmi’ who faced mutiny allegations and stood to his grounds even after his conviction & imprisonment.  Sharifs must be warned that a readymade Ko Klux Klan is being prepared to take over and this time indications are that a lot of big guns will be cut to its sizes. At this moment, Be Nazir Bhuttoo and Nawaz Sharif’s exile and charter of democracy is being seen going waste. Only if Sharif plays his card right though its late. What a loss, sad though. 

 

Barrister Amjad Malik is a chair of the Association of Pakistani lawyers (UK).

 

28 November 2011

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