MANSOOR AGHA takes stock of the now-averted civil-war-like situation in Pakistan.
It may be unthinkable for us that a Prime Minister will go public and tell a foreign media that in an internal matter, his army has acted “unconstitutionally”. Harder may be to think that army will dare to warn the P.M. of “serious ramifications” and “grievous consequences” of his comment on “misconduct of army”. But it is the reality with our next neighbour Pakistan, who gained independence a day earlier than we Indians did.
During the last six decades of Independence, democratic setup in India has matured and all institutions are functioning according to their respective mandates. But in Pakistan, military has grown out of proportion, judiciary acting like a political front and democratic institutions are creeping under the shadow of uncertainty. Political class is all greedy of grabbing and preying over the carcass of the nation. However, hope remains alive as press is vigilant and public learning to be. A class of enlightened people there is concerned for a healthy political system to flourish and the wellbeing of the country though their voice meek and thin in the din.
The picture may be gloomy but it may be hopefully hoped that sanity will prevail. As a good sign for democratic institutions, space for another army take-over has largely shrunk and chances of fifth marshal law are distant possibility. As Dawn put it editorially: “The space for a direct and unconstitutional intervention by the army appears to have been eroded. So, given the painful history of this country when it comes to army interventions, there is at least something positive in the present state of affairs.”
People are not in the mood to greet another army interruption and derailment of democracy. The media has also warned power hungry army in on voice against any misadventure. ‘Not another coup, please’ is the unanimous call. Tensions were high after the army threatened Prime Minister Yousuf Raza Gilani of “grievous consequences” for his remarks against army acting beyond its brief. In a quick reaction, Gilani sacked the Defence Secretary Lt Gen (Retd) Khaleed Naeem Lodhi, who was reluctant to act under the directions of Civil Government. Gilani handed over additional charge to his Principal Secretary Nargis Sethi. But the army has indicated not to co-ordinate with her.
MEDIA TO ARMY AND GOVT.
The media has asked both the military and the government to address their differences in an atmosphere of sanity to end the standoff. Noting that Prime Minister Gilani’s criticism of the army and ISI chief’s actions as “unconstitutional and illegal” would have resulted in a coup as it did over a decade ago, the influential Dawn newspaper said: “But with a raucous media and a fierce Supreme Court now in the mix, the space for a direct and unconstitutional intervention by the army appears to have been eroded.”
The Express Tribune, in its editorial titled ‘Not another coup, please’ reflected on the Pakistani military’s long history of flouting the constitution and acting against the civilian administration.
Noting that a former army chief had described the constitution as a mere piece of paper and that Pakistan had been ruled for over half of its existence by military dictators, the daily said only the people should have the power to decide the fate of a government.
“Yes, the executive organ may not be performing well on its own front, i.e. of delivering good governance to the electorate, but as per the constitution, the call is not for any other institution to make, and that the only constitutional recourse to getting rid of a government that does not do well is to conduct an election. The electorate can then decide that government’s future and vote it out,” the Tribune said.
In case of elections, which are due next year, it will be important to see whether people will show maturity and hand over the destiny of the nation in better hands or will be swayed away by rhetoricians, who have started balling to stump established politicians by organising big rallies?
The military’s “practice of playing to the gallery by issuing seemingly self-righteous press statements, to assert its independence from the executive, is unfortunate,” warned the editorial titled “Army, government on the warpath” in The Nation.
The military should not “appropriate” – or should one use the term “usurp” – to itself the role of the prime minister by claiming to act in the national interest, it added. ‘Army, government on the warpath’, read the banner headline in The Nation.
“The gridlock has gone grave and major institutions are locked in what appears to be the final round, almost in a hand-to-hand combat. The government, the army, the Supreme Court, parliament and the political parties are making last-minute moves…,” The News said in its editorial titled ‘Wrong turn’.
“The army is facing a critical situation; it does not want a takeover – and it should not – but it is facing insults from the highest political level. PPP politicians are abusing the Supreme Court judges in public,” it noted.
The News said the time had come for Pakistan’s political parties to “play their role” so that “no military takeover will be possible”.
“We hope sanity will prevail. No trigger-happy hawks should be allowed to take control of the situation that is already spinning out of control,” it concluded.
BRAVE FACE
At a time of heightened tensions, PPP leadership has shown brave face. President Asif Ali Zardari, left the country on Jan. 13 to attend a wedding in Dubai and Prime Minister Gilani, addressing the special session of National Assembly, declared that he does not need a vote of confidence and asked parliament to decide whether there would be democracy or dictatorship. The Awami National Party (ANP) chief Asfandyar Wali Khan responded to the call and moved a resolution in favour of the “democratic government” and stressed the “supremacy of the Parliament”.
OPPOSITION ROLE
Mainstream opposition parties were also “of the unanimous view that no unconstitutional steps would be tolerated.” On the invitation of PML-N President Nawaz Sharif, Leaders of the opposition, in an effort to carve out a space for themselves, took stock of the situation. After the meeting, it was announced that “all the parties were unanimous that the democratic process should continue and there was no justification for any unconstitutional step or intervention.” “The leadership agreed to find a democratic solution to the crisis and all their steps would be within the democratic norms.”
Those who attended the meeting included JUI-F chief Maulana Fazlur Rehman, Aftab Sherpao, Qazi Hussain Ahmad, Sajid Mir, Mehmood Khan Achakzai, Prof Khurshid Ahmad, Gohar Ayub Khan and Mir Hasil Bazinjo.
THE SUPREME COURT
The Supreme Court, which has played a role in precipitating present crises, also cautioned against army takeover. Chief Justice Iftikhar Mohammad Chaudhry cautioned that “only a democratic Pakistan can progress.” While meeting a delegation of Supreme Court Bar Council, the CJ said, “We have to remain united for the supremacy of law and constitution.” Bar Council’s president Yasin Azad said, “A military government will not be accepted.”
The Supreme Court is using its order on National Reconciliation Ordinance (NRO) to hound Zardari and his Prime Minister. This controversial ordinance was issued by the former President General Pervez Musharraf on Oct. 5, 2007, under the pressure of US to facilitate democratic process in the country. It granted amnesty to politicians, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering, murder, and terrorism between Jan. 1, 1986, and Oct. 12, 1999, the time between two stints of martial law in Pakistan. NRO was never rectified by National Assembly.
The current Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, suspended this ordinance on Oct. 12, 2007. But he was soon dismissed after Musharraf abrogated the constitution on Nov. 3, 2007. The new Chief Justice, Abdul Hameed Dogar revived the NRO on Feb. 27, 2008. After Chaudhry was re-instated as CJ, the court re-opened the case and on Dec. 16, 2009, a 17-member bench of the Supreme Court, headed by Chief Justice Chaudhry, declared the ordinance null and void. The Supreme Court also said that all the cases disposed of because of the controversial ordinance now stand revived as of Oct. 5, 2007 position. The ruling has pushed the country into a political crisis as Mr. Zardari is one of the biggest beneficiaries of NRO. The Supreme Court is demanding action and opening a case of his (Zardari’s) accounts in Swiss banks. The government says it cannot act against him as president of the country is covered under the rule of immunity. The Army, Supreme Court and the Opposition are manoeuvring to oust him and his Government, but save democratic institutions.
Since several opposition leaders, including Nawaz Shareef are also beneficiaries of NRO, they are pressing only for early elections. That is also why Gilani declared in NA, “If we’re out, you’re out, everyone is out (of politics).” “We are politicians; if we don’t make mistakes, who will?” he asked. He added, “But democracy should not suffer for our mistakes.” The P.M. has also declared that the Government is not for confrontation with the institutions. His actions, including removal of Defence Secretary are aimed to establish supremacy of democratically elected Government, but Army, in spite of its failures, is flexing its muscle and not ready to contain its role as a defence institution, but to act as super boss. Supreme Court wants to weed out corruption in one stroke from a country which is considered one of the most corrupt nations of the world.
[email: syyedagha@hotmail.com]