MAKE
OR BREAK MOMENT FOR PAKISTAN 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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