At the onset, I would like to make this thing clear that I have contrasting views on two recent executive judiciary standoffs: Memogate and the NRO verdict. The clarification is essential because generally both the standoffs are analysed by the conservative as well as liberal media analysts through the same paradigm.
The conservative viewpoint generally castigates the PPP as the epitome of corruption and incompetence. It is by and large completely supportive of the judiciary and regards the current hawkish approach of the judiciary as “essential” in order to check the “corrupt” politicians. On the other hand large section of the liberal press (assuming such a section actually exists!) construes the entire situation as establishment’s deep conspiracy to derail democratic process and vilify the PPP. According to this point of view, the armed forces and the judges are in the same bed and everything is being done in a planned manner to bring the PPP government down. Thus both the Memogate and the NRO verdict are actually two apparently different strategies conducted by the same alliance to achieve the same sinister purpose.
Frankly I don’t agree with either of these viewpoints. Whether judiciary is a co-conspirator with the military or not, in my opinion the NRO-verdict is very different from the Memo case. With respect to Memo case, I am completely with the PPP government. I have even gone to the extent of saying that even if Hussain Haqqani did write the Memo he did nothing wrong (http://pakteahouse.net/2011/11/24/nothing-wrong-even-if-he-did-write-it%e2%80%a6/).
Military hegemony is a reality in Pakistan and civilian governments do not have any leverage to control it. Pakistan has been embarrassed a lot in the international arena due to our military’s completely out of control behaviour. The killing of Osama Bin Laden near the military compound marks the level to which military has undermined our interests due to its selfish myopic interests. The only stakeholder who has some leverage over the military is the USA and hence it is only natural that a beleaguered civilian government will try to seek its help.
But even then the Memo scandal was essentially a government-military standoff and not a judiciary-executive standoff. If judiciary was indeed completely in bed with the military then there was no way the PPP would have survived. Even the so called conviction in the contempt case was just a 30-second sentence. I do not think that the interests of the judiciary and military always neatly correspond with each other.
Yes this judiciary is reactionary and has handed down a series of extremely controversial rulings particularly with respect to freeing of many Islamic militants. Worst still, it is trying to be a populist judiciary and panders a lot to the mainstream media. Personally I think there is nothing worse than a judiciary trying to win appreciation from the press. By design judiciary, particularly the Supreme Court, is the ultimate arbitrator and therefore it should be insulated from the media pressures. Unfortunately the triumph of the lawyer’s movement (at least as far as the restoration of the Chief Justice) materialized largely due to media and in the process the judges were elevated to the level of demigods. In fact they have been raised to such a high pedestal that they have constantly overstepped their limits and have at times assumed the role of the executive. Even if the intent is good, this practice is dangerous as in the long run the accountability burden is shifted away from the elective.
However, having acknowledged judiciary’s shortcomings, I do not fully agree with Prime Minister’s stance of not writing the letter. The reason is that the NRO was actually a verdict given by Supreme Court and therefore it needs to be honoured. Some of the journalists have interpreted that since Parliament is supreme therefore its intent should take precedence over the decisions. I beg to disagree as Parliament’s supremacy is in the sense of being the ultimate law making body. It cannot overrule the decisions. Moreover, the Supreme Court had initially given the government an opportunity to make the NRO into a permanent law. However, the government at that time could not muster the majority.
Yes there are issues with respect to the immunity but reopening of cases is not tantamount to actual sentence. In fact writing a letter to the Swiss government is merely a nominal gesture as even if the cases are reopened, it will take years for the cases to process and reach a decision stage.
I would rather agree with Ms Asma Jehangir who once remarked that even if the Supreme Court’s decision is “wrong” it has to be honoured otherwise you end up being undermining basic rule of law.
Moreover, it should also be understood that democracy’s real opposition comes from the urban middleclass in the country. It is this class which is affluent and is represented well in the media, civil services and the corporate sector. This class has deep skepticism about democracy and to a certain extent the attitude of politicians has not helped either. This class is obsessed with rule of law and likes order and stability. When politicians defy that openly then they start fancying about the military rule. If we want democracy to be successful then at least some genuine concerns of this class have to be satisfied. Openly defying the Supreme Court decisions, in my opinion, does not strengthen the democratic process. Yes we are right if we say that the Supreme Court is overstepping its limits with respect to its interference in executive matters but this was a decision not a suo moto action.
However, despite my reservations, I would like to also point out that Mr. Yousaf Raza Gilani adopted a much better approach than Mr. Nawaz Sharif during his skirmish with the judiciary. Now the PML-N is trying to capitalize on the opportunity but let us not forget that during Sharif’s reign his goons actually attacked the Supreme Court.
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Raza Habib Raja is an economist and currently in USA for studies. He has been writing regularly for various publications including Huffington Post, Dawn, Express Tribune, PakTea House and Chowk.com. His interests include Pakistan affairs, reformation of religon and development disciplines. His believes in a tolerant and democratic Pakistan. He is also a co-editor at Pak Tea House. |
