Spotlight: Just who is blocking Sharif family cases from coming up before the court? Government whams judiciary, MPAs batter media, Imran bumps Nawaz! What a week!

The strategy of the government in "dealing with" the judiciary, which had been undergoing a continuous change over several months following the Supreme Court verdict on NRO, has finally firmed up to a very disturbing profile. Gone is the respectful and subservient attitude ("We respect the judiciary" and "all decisions of the courts will be accepted" and "all orders of the judiciary will be obeyed in letter and spirit" and so on).
Gradually but purposefully, President Zardari has surrounded himself and filled key positions in the government with people against whom there are serious allegations which are the subject of active litigation or are under investigation. The stars in his controversial firmament include Rehman Malik, incharge, Security and Interior, Latif Khosa (former attorney general and after removal Advisor to PM Gilani on Information Technology making the bloated cabinet yet bigger), Babar Awan, Law Minister (NAB is under him) and the one and only Jamshed Dasti (ordered by the Supreme Court to resign or else), Adviser to the PM, of all things, on Dairy and Livestock.
The government spoiling for a head on with judiciary!
As time passed, attacks on judiciary kept turning more virulent by the day. However, a very direct attack let loose by NAB Prosecutor General Irfan Qadir on the judiciary's highest body last week was a shocking affront. It was witnessed unbelievingly by those present on the occasion and by those who saw reports about it in the media later in the day. What brought the PPP government into ridicule were not his remarks pertaining to the Punjab Bank scam (in misplaced reply to the Supreme Court's queries about progress in the Bank of Punjab scam), but about judiciary's so-called "restoration" in March 2009. The word "restoration" in any case was a misnomer since the judiciary was only physically prevented from functioning and when the physical restraint was removed through an executive order, it was back dispensing justice as before. However, and this was the most unbelievable part, in its reply, the NAB questioned the very validity of the order by Prime Minister Gilani "restoring" the judiciary. It reviled the PM's "Executive Order" declaring: "Neither (the) order is countenanced by the Constitution nor the same has any other legitimate basis".
This brings immediately to mind the grand pronouncement by the PM at the time, nose up in the air, taking credit for "restoring" the judiciary and claiming later on several occasions that his order and not the huge, relentless, over one year long lawyers' movement, backed by people across the country, was the real explanation for the "restoration". Unfortunately, it also brings to mind the tongue-in-cheek statement in the Parliament by the very same PM some months ago (as relations with the judiciary started souring due to the government's non-compliance with the orders of the Supreme Court) that his executive order needed ratification by the Parliament. One would have thought you could not get more ridiculous than that till one heard the NAB declaration about the executive order, having no basis in law or the Constitution. For good measure, the NAB response to the judiciary also questioned the composition of the Supreme Court and accused it of interfering in NAB affairs, of being biased and in view of all these not fit to hear the case. This brings us back to the luminaries adorning the Presidential firmament and the kind of advice they must be giving.
MPAs batter media: The mirror doesn't please them!
Our Honourable MPAs in Punjab, who have managed to get elected using fake graduation degrees, don't like the mirror! That is quite understandable. What is not understandable is the passage of a unanimous resolution in the Provincial Assembly, condemning the media for all kinds of evils. These included but were not confined to, targeting democracy, portraying the politicians as liars and discredited persons, being corrupt themselves and blackmailing. Interestingly, Speaker Rana Iqbal (PML-N veteran) had suspended routine agenda and "facilitated" the introduction of the resolution. He sat stoically through the battering received by the media from MPAs belonging to all the parties represented in the assembly and declared the strong resolution against the media as passed unanimously. Surprise, surprise, Chief Minister Shahbaz Sharif also sat like a lamb, though with a glum face, through the proceedings not lifting a finger or voicing a word to change the course of the discussion or its unanimous passage.
The disgustingly trite argument that the 18th Amendment had done away with the requirement of a degree for candidates was once again shamelessly used, ignoring the oft repeated, factual response that the issue was not graduation but lying and forgery. It was also said that qualifications of functionaries in the judiciary and the military should be checked also. I think no one is questioning that need and hopefully once the cases in hand are taken to a conclusion, a massive exercise will be under way to go into all such cases and action taken as indicated.
What about hardworking students?
No one appears to be talking about hard working young men (and women) burning the midnight oil and working their heart out to obtain a good degree but finding forgers and cheaters ahead of them in the race for job and career opportunities. While the PML-N party members were flouting the stated party policy in the matter and the Speaker and Chief Minister were making no move to stop them, the party chief once again, at this crucial hour, chose to leave for London on the latest of his frequent trips to that city, ostensibly, as so many times before, for treatment for his wife. Though it would not be in good taste to want to be informed about the nature of treatment, which necessitates frequent trips to London, it must be said that since even the most rudimentary information is not provided about it, rumours that the main purpose of these visits by Nawaz Sharif is to attend to his business interests there, gain some currency.
WHAT KIND OF GAME IS THIS? Nawaz's half-hearted approach to party affairs and his on-again off-again involvement in the country's politics also feeds the rumour factory spreading the view that he is still under some kind of obligation to keep out of active politics till a certain date under the "deal" with Musharraf (said to have been overseen by Saudis and maybe others). Since no specifics of the "deal" have been made known and, in fact, its very existence is vehemently denied, rumours do not die down. From London Nawaz has taken the high ground on the issue of the resolution. But that will not explain away the roles played by the CM and the Speaker and the unanimous vote for the media bashing resolution. What kind of game is this? The PML-N continues to loose ground due to inexplicable policies of its leader, who continues to run the party as a one-man-show. Interestingly, Abid Sher Ali, who has been relentlessly following up on the fake degree cases, has also left for London. Were things getting too hot for him at home in his party?
Once this is said we must acknowledge that there should be ways of redressing grievances against the media. Broadcasting rumours and unconfirmed news can play havoc with the lives of unsuspecting victims. Procedures should be drawn up and put in place both within the media and through legislation in the Parliament to enable wronged persons to seek justice and to ensure that those misusing media power do not escape punishment.
Imran bumps Nawaz!
Last week, we learnt from print media that "Pakistan Tehrik-e-Insaf (PTI) is giving final touches to a white paper on how the Sharif brothers managed a deal with ex-military ruler Pervez Musharraf and then kept on publicly denying it." For good measure are told that "the paper will also peep into the two previous tenures of the Pakistan Muslim League-Nawaz and, at least, three scandals, including the Mehran Bank and Hudaibya Paper Mills. It will not spare the incumbent Punjab government, headed by Shahbaz Sharif". A juicy bit about Nawaz's "wristwatch worth Rs 90 million" will also sparkle on the white paper.
The disclosure recalls Imran's earlier foray, or at least an attempt in that direction, into the British legal system to bring Altaf Hussain (who reportedly also holds British nationality) to book for alleged acts in Pakistan. Nothing came of that. One wonders why Imran Khan suddenly gets hold of a side-issue and makes it a do-or-die matter for himself. Why single out Nawaz? Why not rather launch a crusade for a corruption-free society after devising a convincing plan to carry it to success?
This brings us to the matter of cases against Sharif family pending in the Supreme Court. It will be recalled that as per published reports, three corruption references against Nawaz and his family members, which were adjourned sine die in September 2007 after the Sharif family was deported to Saudi Arabia, were moved for reopening before the Accountability Court-I by NAB on 17 February 2010. The cases (with amounts said to be involved) are:
(1) State Vs Hudaibia Paper Mill (Rs 643 million) against 9 members of the Sharif family, (2) State Vs Mian Mohammad Nawaz Sharif (and his mother) about Raiwind Assets (Rs 247 millions) and (3) State Vs Ittefaq Foundries against Mian Nawaz Sharif, his brother Mian Abbas Sharif and one other person (Rs 1,063 million). The matter came up before the judiciary, but the cases were returned to the NAB with the instruction that it should be sent to the court with the signature of the Chairman of NAB and not by a deputy.
There, the matter rests. It is only right that all pending corruption cases be dusted up, reactivated and decided without fear or favour, after giving the accused fair opportunity to defend and clear themselves as required by the law. Opening the cases against the head of the opposition party should take the wind out of malicious blame against the judiciary of partisanship for the PML-N. Is it for that very reason that the PPP government would not bring up Sharif's cases before the Judiciary? Or is that a matter of tacit understanding between the Government and the "friendly opposition?
([email protected])