London: Many Pakistanis have reasons not to feel envious of the role of most of the higher judges and the apex judiciary. Both have faulted time and again and let the nation down in hours of crisis. Whenever referred to by a usurper, they have bailed him out. And instead of correct interpretation of the constitutional provisions in letter and spirit, they have gone out of the way to uphold its most outrageous violations by the military rulers. Though designated as the upholder and protector of the Constitution, they have been the most willing collaborators in its rape and the best weapon in their hands has been the cursed Doctrine of Necessity that has been repeatedly abused by them to justify military coups. And quite often, they have stewed in own juices.
When Advocate of the Supreme Court and one who is more popular as a TV anchor –Naeem Bokhari—wrote last month his famous ‘open letter’ addressed to the Chief Justice of Pakistan—Mr Justice Iftekhar Choudhry—disclosing to him his actions that do not befit that of a judge, including a serious allegation that he announced one order orally in court admitting a petition while rejecting it later in his written judgement. Insinuation inferred is that something must have passed hands that led to the reversal of his own order.
Besides that glaring case, other is the induction of his son in police service when he had failed exams. Though his ‘open letter’ is more or less an indictment of the Chief Justice—very few rushed in to give credence to Naeem’s allegations. These were too horrendous to be true. Rather, it was being read and interpreted in the light of a spate of rumours already doing the round that Justice Choudhry was most likely to be shown the door for stepping on some of the most powerful tails in the country including Pakistan’s perpetual man in uniform and his prime ministerial page boy.
I don’t know much about Naeem Bokhari. His first shot to fame was his ill-fated marriage with the famous singer Tahira Syed daughter of Malika Pukhraj–one of the greatest ghazal singers ever born in the sub-continent. By virtue of this marriage he also became brother-in-law of Senator Barrister S.M. Zafar—one of the top lawyers in the country, a sort of champion of human rights and also a collaborative supporter of military dictators. Even today he is member of General Musharraf’s Q-League. Naeem is a good anchor who takes pain not to annoy the person he is interviewing.
Those who have a discerning nose had smelled a rat when his ‘open letter’ saw the light of the day. Since he is a very soft spoken person falling in the pale of effeminacy, his professional colleagues would feel reluctant in giving him credit for having a spine that could stand against and take on a sitting Chief Justice. His antagonists saw in his letter or charge-sheet—call what you may— by a Naeem Bokhari viagarised by the most powerful man in the country, to enable him to discharge the Chief Justice of his judicial responsibilities. Chief Justice’s removal was in the air since long and it is not much of a shock to me.
My friend former Senator Farhatullah Babar, PPP spokesman, has expressed his dismay over the action. According to him: “Many will see the attempt to remove the second Chief Justice since the military coup of 1999 as an attempt to intimidate the judiciary and send a message to the honourable members of the court that they too can be removed on so-called charges of corruption. Such charges have regularly been used to persecute those who oppose the regime.”
I agree with the view that while the Chief Justice had not yet taken up issues relating to the GPM’s uniform, his profound interest in issues of public litigation such as scandalous sale of Pakistan Steel Mills and lately taking notice of the massive disappearances of individuals allegedly by the intelligence apparatus–conveyed the impression that the CJ was flexing his muscles to take up a judicial stand against human rights violations, abuse of the constitution and to deny an all-powerful president the pliability of the apex judiciary to legitimise his various arbitrary actions.
The Supreme Court’s intervention in Pakistan Steel Mills case had served as an untenable shock for the regime. That deal –if it had gone through—could have filled individual coffers to the brim while bankrupting the country. The SC decision had annoyed both the President and the Prime Minister—more so the later since he would have been a personal beneficiary through his front man who was to have a huge piece of cake.
It is not just alleged corruption that prompted action against the CJ. GPM knows that corruption is the order of the day and much more. The recent observation to the high functionaries of the regime—that it seems pimps and prostitutes have taken over the management of the country, gambling dens are being run by ministers etc– and that the regime is being branded as YK-2 on the pattern of General Yahya Khan’s when Pakistan was internationally known as a country run by pimps and prostitutes. However, given the number of corruption charges against members of the present Cabinet and the level of corruption all around, it is difficult even for the most naïve to accept that the CJ was removed for the reasons of corruption.
Some circles, however, feel—that besides reasons other than corruption—CJ was removed since the regime became unsure of him in the face of an inevitable litigation around the corer that would have challenged GPM’s re-election as president by the present parliament. Therefore, there is something more than meets the eye in the CJ’s suspension drama. It smells of rat and amounts to manipulation of judiciary for the regime’s political consideration. Besides, it is believed that, the Chief Justice was sounded by the powers that be, towards helping them unseat those religiously bigoted members of Parliament who had scrambled through by equating madaris sanadeeds as good as being equal to that of a university graduate
Sources say the response by the apex judiciary was that the case will be disposed of on merits especially when unseating nearer the coming elections would appear as mockery of the parliament and the judiciary. However, the more alarming was the message that it would be difficult for the apex court to give a positive judgement on GPM holding onto his uniform any more. Not only that, it was also conveyed to the right quarters that it would be difficult for the Supreme Court to justify imposition of the state of emergency and re-election of GPM as President for another five years—adding his two elected tenures to ten years—by a parliament that has a five-year life. GPM is believed to have been briefed that such an election would be in violation of the constitution and would be both illegal and immoral.
As in the case of Naeem Bokhari I also do not know much about Justice Iftekhar Choudhry. And this piece is not meant to make martyr out of him for nothing. While his final indictment would come from the Supreme Judicial Council, the shabby manner the Chief Justice has been removed leaves a bad taste in the mouth—the same sort of bad taste that GPM must have felt when he was sacked by Prime Minister Mian Nawaz Sharif when he was hanging in midair. Mian Sahib no doubt had acted within his right and constitutional powers in removing a chief of staff—merely a grade 21 or 22 officer. What many people had questioned then was not his right to sack the man but the method of getting rid of him in midair rather than on ground. Similarly, GPM may have the right to act against the Chief Justice but that does not entitle him to conspire and collude in an plot to get rid of him as one concludes from the obvious consequence of Mr Naeem Bokhari’s ‘open letter’.
In the broader context of the rapid deterioration in the internal and external situation, the suspension of the Chief Justice is being taken as a prelude to more events of far-reaching consequences that would start unfolding soon. Internally, the country’s atmosphere gaining esteem to the run up to the forthcoming elections has been vitiated by a statement of a federal minister Mr Babar Ghauri that polls should be postponed by one year to enable GPM to complete his reforms. It is being alleged that the Minister had spoken it out on behalf of the President to assess public reaction to the proposal. A similar orchestration by Shujjat Hussain has reconfirmed this conclusion that elections can be put off. His talk of “upheaval in the region” has let the cat out of the bag and let it known in so many words that “some hidden hands” would create a situation within and outside Pakistan that would leave GPM with no choice but to impose state of emergency, put off elections indefinitely and rule merrily thereafter. After all GPM minces no words in putting it straight that he is not going anywhere, he has no exit strategy and that he would continue to rule as long as he lives since he has to see the fruition of his so-called socio-economic reforms and enlightened moderation.
This assertion reminds me of a similar statement General Ziaul Haq made a few months before his fatal fall from
skies. Giving an interview he had boosted that he would die with his boots on. And indeed that he did just three months later. Being past masters in spinning conspiracy theories, it is believed that since Zia had outlived his utility, his mentors got him bumped off. Strangely enough, similar cords are being touched by the master players now. Rapid deterioration of relations, disenchantment and open expression of annoyance from Washington are a manifestation of an inevitable change. Erosion of his efficacy as a crusader and the growing conviction that he is not the solution but a major part of the problem of terrorism—is slowly shaking them out of their pro-GPM mindset. Whatever—at least it is good to know that Democrats want strengthening of democracy and holding of free and transparent polls tied to the American assistance.
Externally—believe it or not—Pakistan today has come to be the most fenced country in the world. Indians started it first on the Line of Control in Kashmir, Pakistan followed it up to fence some of its borders along with Afghanistan and now Iran is securing by concrete fence its vulnerable parts of border along with Pakistan’s since lately Teheran has acquired conclusive evidence of Pakistani terrorism into Iranian Balochistan. The bazaar gossip in Islamabad claims that rocket attack at Bagram Base where American Vice President Dick Cheney was spending his night was known only to Islamabad and Kabul and that its spooks had a hand it to convey to the Vice President Pakistan’s anger at bullying GPM.
Notwithstanding some words of American consolation now and then Pakistan today is reaping a whirlwind of the failures in its foreign policy. By not inviting Iran, Libya and Syria at the recent OIC Foreign Minister’s conference as part of GPM’s initiative for peace in Middle East, it generated enormous misapprehensions about itself and the questionable role Islamabad wants to play in the new Great Game in the region. Had Pakistan not committed the initial blunder, General Musharraf would not have been required to offer his lengthy telephonic clarifications to Iran to allay its fears.
Whether he convinced the Iranian President Mahmoud Ahmadinejad or not, sources say suspicions have gone much too deep and it will require gigantic diplomatic efforts to remove Iran’s reservations about the shady meeting of foreign ministers of seven Muslim countries and the OIC secretary-general in Islamabad on Feb 25. It may be recalled the Iranian president had said at a press conference in Riyadh that all countries in the Gulf region viewed such a hobnobbing as “a matter of concern”. Islamabad shall have to do something more than merely talk to dispel Iran’s apprehension that to please Washington it was trying to create a coalition of Muslim countries to side with Washington in case it attacks Iran.
Situation being grim as that, the best exit route out of the jungle of uncertainty is to hand over power to a government of national consensus to overview the holding of free and transparent polls with no restrictions on the participation of former prime ministers Benazir Bhutto and Nawaz Sharif. The dynamic of election process can unleash extra-ordinary power and energy to galvanise the Pakistani people into a nation to do and die to save the country.
w.hasan@virgin.net
* Wajid Shamsul Hasan is Pakistan’s Ex High Commissioner at the UK