"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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By: Khan


In Western democracies, the concept of separation of powers is a doctrine of constitutional law, whereby three branches of government (executive, legislative, and judicial) are separate and independent of each other so as to prevent abuse of power. For instance, when executive is involved in abuse of law, the independent judiciary can take the executive to task. This provides a system of checks and balances and society can smoothly function.


If Pakistan has similar western doctrine of separation of powers provided in its constitution, then they why do we face a chaotic situation of protest on the streets of Islamabad and across Pakistan today? We must understand the problem and look for answers.


There is plenty of evidence which we have been shown times and over on TV regarding the elections, that if only dots were connected, we would understand the complete picture.


1.   Independent Judiciary?

Lawyers struggle for reinstatement of ex chief justice, Iftikhar M Chaudhry and fellow judges was based on the notion that executive pillar of state could not trespass and interfere with judicial pillar of state on its whims and wishes and restoration of these judges represented independence of judiciary. Unfortunately, many of us, instead of advocating for policies, laws and regulations to completely autonomies judiciary from executive, focused our attention on mere restoration of these particular judges and falsely considered that somehow there restoration would end executive intervention forever and we would achieve our desired objective of independent judiciary.

Soon after restoration, time and again legal experts commented on Supreme Court Judgments as being run by one powerful judge and that there judgments did not include one dissenting note. Clearly, the purpose of having more than one judge presiding in a case is to take benefit of combined wisdom and remove perception of bias and partiality. But when the entire bench thinks alike almost all the time, it raises the perception that they are not behaving impartially, as all judges cannot agree with each other all the time. It almost feels like a unity of command.


2.   Iftikhar Chaudhry’s alleged involvement in the Electoral process


Let us reconcile the evidence we have before us regarding judicial involvement in manipulating 2013 elections. We have a recent video clip shown on Mubashar Lucman’s Kharasach, Rana Mashood, the incumbent law minister apprising us of Arsalan iftikhar’s connection with the Chief Minister of Punjab. In a separate interview with Malik Riaz of Bahria Town, we hear Mr. Riaz say that Arsalan Iftikhar is the ‘Don’ who runs the judiciary.


Justice Ramday’s son, who was appointed as Attorney General Punjab in violation of rules and procedure is also part of the record.  Also part of the record is Arsalan Iftikhar’s illegal position as BOI chairman.


Such evidence creates doubts in an observers mind as to the impartiality of judges, particularly the ex-chief justice and his alleged tilt in favor of PML (N), given that ex-chief judge’s and Justice Ramday’s sons received illegal benefits after the elections from PML(N) led government. Illegal because BOI post for Arsalan iftikhar and AG position for Mustafa Ramaday were both subsequently ruled to be against rules and procedure.


Given the huge volume of short mobile phone clips of rigging in various constituencies, role of residing officers in elections is questionable. Further doubts are cast, particularly in light of ex-chief justice’s address to them, prior to elections, which can be taken as ‘influencing their duty’. Such address has no historical precedent and the purpose of it is also questionable.


3.   International Powers and their role in Pakistan’s Democracy:


Without resorting to any conspiracy theory, let us take account of factual information before us and try to connect the dots. Sindh Assembly Deputy Speaker PPP’s Shehla Raza told Geo TV that at the time of the 2007 National Reconciliation Ordinance (NRO), the US, the UK and the then chief of the Inter-Services Intelligence (ISI), Kayani, had assured that no martial law would be imposed till holding of three general elections.


From her statement, it seems that International powers along with military establishment had guaranteed that no martial law would be enforced. PML(N)’s friendly opposition stance towards PPP in 2009 elections and 2013 witnessed PPP’s friendly opposition stance towards PML(N) indicative of the fact that electoral process is nothing but a mere eye wash. Electoral results are set much earlier before the electoral game even starts. To achieve the already set results, elections are rigged systematically to ensure that results, which have been set, are achieved. It is no wonder now that Nawaz sharif has called on Asif Zardari to help with the street protests. It is a fact that publicly, PML(N) was attacking Zardari, in days leading upto elections 2013, but now suddenly, a shift in stance, presumably to gather support, as deviation from the set international agenda may have adverse consequences for those who were party to such international guarantees. When this is looked at in light of what Mr. Zardari had to say, it makes a lot of sense. He is reported to have indirectly warned all stake holders about international guarantees and that this will go a long way if matters get out of hand.


Given such facts, a logical conclusion appears to be that Pakistan has a lot of foreign meddling with PPP and PML (N) as beneficiaries of this corrupt political order. Also if rigging is to be considered a fact, it has been very systematic and is not confined to isolated events. In light of such information, it seems that Imran Khan’s march, and TQ inqillab may be something which was not considered in the already set game plan and that’s where matters have gone haywire. Is this a real make or break moment for Pakistan?  Answer to that may lie in the final outcome of Inquilab and Azadi March.

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