Pakistan

The News International, Pakistan dated Thursday, October 01, 2009 writes in its editorial,

If elections can be held in Iraq and Afghanistan, where the law and order situation is far more worse than in Pakistan, it's not understandable as to why these can't be held in Pakistan, and, particularly, in Punjab where the situation is much better than the other provinces. Requesting for postponement of elections is a clear admission on part of PML(N) led Punjab government that they have failed to restore the law and order situation. What if after another three and a half year PPP led federal government takes the same stance to postpone the next general elections?

According to Dawn, Tuesday, 08 Sep, 2009,

“No one can imagine the amount of pressure exerted upon the consultees for the selection of certain persons, but by the grace of Allah none of the consultees has succumbed to pressure,” the chief justice said at a ceremony here on Monday to mark the beginning of the new judicial year.

The worthy chief justice remarked this in relation to the appointment of judges to the superior courts. It speaks of the level of nepotism, corruption and politicization of everything important happening in our country. Whereas, it is highly appreciable that the chief justice and his team have not succumbed to the pressures, it very clearly reflects how hard it has become to remain honest. I only hope that these pressures do not take the form of threats and black mailings as the honest people too are but humans.

31 July'09 will be remembered in the history of Pakistan for the landmark judgment given by Supreme Court of Pakistan. The 14-judge bench of the apex court declared all the emergency of 03 Nov'07 illegal and unconstitutional. The appointment of judges following the emergency order becomes illegal and unconstitutional as a result thereof. So, about 110 judges; 15 judges of the Supreme Court, 41 of the Lahore High Court, 27 of the Sindh High Court, 10 from the Peshawar High Court, all five of the Balochistan High Court and eight of the Islamabad High Court and four from the Federal Shariat Court. Most of the actions taken under the emergency order have been declared invalid. However, the oath taken by Mr. Asif Ali Zardari as President of Pakistan has been accepted as otherwise, it would have destabilized the system. The verdict has also declared that NRO be validated by the parliament by giving grace period of 120 days.

This judgment by the apex court is going to have far reaching effects on the judicial, constitutional and political history of Pakistan. The court has denounced successive military takeovers over the past four decades and their endorsement by the superior judiciary. The verdict has closed the doors for future military take overs and has strengthened democracy. The verdict has also caused a concern for the beneficiaries of NRO.

The credit of all this goes to Chief Justice Iftikhar Mohammad Chaudhry who refused to bow before a dictator and the lawyrs' movement that followed thereafter until the restoration of the former. It are such like personalities and movements which change the course of history of nations. I wish we had more of such like persons to lead the country, as, perhaps one man alone, is just not enough to put plethora of things right in our country. owever, a beginning has been made. If our political leaders choose to folow the foot steps, which is least likely, it's not late yet to put our country on road to progress.

As reported in the local press, recently, the Punjab governor, moved a list of seven ‘Jiyala lawyers’ to the chief justice of the Lahore High Court as ‘recommendations received in the Governor’s Secretariat’ for the slots of judges of the LHC. The chief justice not only rejected the governor’s nominees but also expressed his displeasure over the violation of the Constitution because the summary for appointment of lawyers for the slots of judges had to be initiated from the office of the LHC chief justice.

Whereas, the worthy chief justice has set honesty, uprightness and professionalism as conditions for those recommended from amongst the legal fraternity for appointment as judges to the superior judiciary so that no one could raise fingers at them, it speaks of foul play on part of the worthy governor. Does democracy imply politicisation of government institutions? What use are the sermons and addresses of advocating high moral values, if the deeds by these leaders contradict what they profess! This is, unfortunately the sorry state of affairs.The ones who are supposed to uphold the constitution are the ones trying to violate it.

Hafiz Saeed, the chief of Jamaat-ul-Dawa had been under preventive detention days after the Mumbai attacks end November last year. The government had detained Hafiz Saeed vide United Nations Security Council Resolution No 1267. The resolution dealt with an arms embargo, freezing the guilty party’s assets, and banning them from travelling abroad, not detention. Apparently the release has come due to a technical point of absence of the mention of detention in the UN SC resolution. India, on the other hand, accuses Hafiz Saeed of being involved in Mumbai attacks.

With Swat operation causing over three million IDPs, threat of suicide attacks by Taliban and the like all over the country, electricity load shedding for more than half of the twenty four hours and all other pre democracy ills of corruption and poor governance moving upwards, new judicial policy announced by the restored judiciary is nothing less than a ray of hope in wilderness. It is a common wish of all citizens to remain away from police, courts and hospitals. As announced, if all fresh and pending cases in the Supreme Court and high courts are decided within one year and those from Baluchistan within six months, it would indeed be a very great blessing. The judicial policy aims at independence of judiciary and expeditious disposal of cases. However, the taste of the pudding lies in its eating. It will indeed a great leap forward as a nation if the policy announced is implemented in letter and spirit.

Supreme Court of Pakistan made a landmark judgement overruling one of its earlier verdicts regarding the disqualification of the two brothers to contest parlimentary elections. The decision of the bench of five judges was unanimous. The bench also included two judges of the previous bench which had given the judgement of disqualification. This has paved way for Mr. Nawaz Sharif to return to parliment by contesting bye elections and Mr. Shahbaz Sharif to continue as Chief Minister of Punjab.

The judgement could not have come about without the restoration of judiciary after the threatening long march of March 16, 2009. This is the first personal benefit Mr. Nawaz Sharif and his party have got of their supporting the movement of restoration of judiciary. This judgement is going to have far reaching effects on the political course of our country. By giving this judgement, Supreme Court has set a course for itself which is pretty clear. Whereas, PPP has welcomed the judgement, it will now be keeping its fingers crossed over the issue of NRO. The government will have to be extra careful and arbitrary decision will become difficult. Mr. Nawaz Sharif's return to parliment will provide him inner strength and confidence to lead his party, the parliment will become more active and it will become further difficult for PPP led coalition to ignore PML(N). And, from now on, Nawaz Sharif will be in a position to pose real personal threat to the politics of Zardari.

Today is May 12, 2009. Two years ago, the city witnessed killing of dozens of people on its roads and streets once then suspended Chief Justice of Supreme Court landed at Karachi to go to the bar. Musharraf and were in power in Pakistan and Karachi respectively. Electronic media showed dozens of large containers blocking the routes from the airport to the bar. Who could have done that other than the government? Yet insists that the violence took place at the behest of its opponents. Musharraf held his own ill advised rally in the capital to prove that he was very popular. Almost all the parties in Karachi, and , had announced shutter down strikes and demonstrations which have been withdrawn on the request of Sindh government I hope and pray that peace prevails due to the declaration of provincial holiday by the government to commemorate and mourn the killings two years ago.

If we come to look at it, people of Karachi irrespective of their political, ethnic or religious association want to live in peace. But, perhaps the leadership doesn't want it that way. Why can't this leadership sit together and resolve the differences through peaceful negotiations. Ironically, all the major parties are part of the coalition running the country/province and yet they are daggers drawn. The leadership needs to rise above their individual vested interests and petty gains to resolve the issue. It can be done. The leadership ought to have will to do it. But, does the leadership have that will, and more importantly, greatness? Besides resolving old issues regarding the quotas for various groups; locals, settlers, etc, there are two ways to resolve the mystery of May 12, 2007. The leadership should either agree to conduct a judicial inquiry and accept the court verdict or it should agree to, let bygones be bygones, and commit not to let such sad incidents happen in future. Sincerity of purpose is is missing but badly needed.