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Friday's verdict of the Supreme Court lifting the curbs on the return of Nawaz Sharif and his family members was very much expected, given that the whole concept of securing banishment of political opponents is too archaic to have been countenanced by the Constitution.
No constitution anywhere in the world would allow a deal of the dubious nature that the government had cut with the convicted former prime minister, even when the facilitator 'gentleman' was as holy as in this case. How many other convicts falling in the same category were allowed to fly out?
Rightly then, the full bench of the Supreme Court did not go into any discussion on the veracity of the documents the government presented or its much-touted negative fallout on the so-called national interest in case the restriction on the return of Sharifs was removed.
The curtness underlying its short order upholding Sharif brothers' inalienable right to return and that their return shall not be "restrained, hampered or obstructed...in any manner" confirms the apex court's strong determination to establish the rule of law in the country. Quintessentially, it is the victory of constitutionalism and the rule of law, and the Sharif family, so to say, has benefited collaterally.
The verdict vindicating the Sharif brothers' stance, coming as it does on the heels of the apex court's landmark decisions reinstating Chief Justice Iftikhar Muhammad Chaudhry and recovery of missing persons, also throws up unmistakable signals that future of Pakistani politics is going to be an entirely different ball game. One would not be surprised to see disappointment visiting the people who have pledged their future to the government documents rather than the spirit of the Constitution.
Having said that, one would not like to minimise the role Nawaz Sharif is going to play in the days and months to come. Politically speaking, he has managed a remarkable recovery. From the times when he was down and out in wilderness and his party could garner only about 5 percent of seats in the National Assembly, Nawaz Sharif has emerged as the main challenger to the present quasi civilian dispensation.
He played his cards well, reversing the impression about his naivety that he often displayed as the twice-elected prime minister. While his rival (self exiled) leader, Benazir Bhutto, indulged in behind the scenes, dubious dialogue with President General Pervez Musharraf - greatly disappointing her party workers and leaders - Nawaz Sharif practised open politics.
His various moves including the Charter of Democracy and APC, which Benazir Bhutto refused to attend, catapulted him onto the centre stage of national politics, so much so that he heads today the largest political alliance, the All-Parties Democratic Movement (APDM).
He has come a long way from the days that he was a pampered protégé of intelligence agencies. Some say he was always a man by himself, but only now his latent strength has come out.
As the saying goes and experience confirms it that 'public memory is short', Nawaz Sharif's buckling under after his conviction and consequent incarceration, walking away and leaving the country for a life of comfort and personal security rather than roughing it out by remaining in the country with his compatriots, is likely to be glossed over by the electorate.
However, it would remain a stigma that he would always be at ease to defend. A measure of his new-found courage is amply reflected from his challenge that he would talk with a Musharraf who has no political ambitions.
Soon after the court verdict, as the President called for political reconciliation, Nawaz Sharif responded promptly signalling his willingness to join it provided Musharraf renounces his intention to be a candidate for any position.
Unlike Sher Afgan and Sheikh Rashid who showed lack of maturity by offering a hostile reaction to the Supreme Court order, the government spokesman has said that the verdict would be taken in its "true spirit and action would be taken accordingly".
"We will prove to the world that we abide by the law and Constitution and believe in tolerance and fairness". On the face of it, this declaration of good intention should help allay the fears heightened by the prospect that the President's bid to seek re-election would be ruthless and, therefore, fiercely opposed by his opponents.
This also indicates the government's readiness to face the court on the legal questions about the eligibility of presidential bid and to abide by its verdict whatever that may be.
Now that the Supreme Court has established its credibility and proved that it can act as an honest arbitrator in national affairs, both the government and the opposition need to reappraise their strategies as they approach the presidential election, keeping in mind that politics of agitation can do irreparable damage to Pakistan.
If the court clears Musharraf's candidature for re-election the opposition should accept it and if he is not cleared he should agree to it with an open heart and walk away. We believe that a fair and free general election following the presidential election will bring into being a parliament that should take care of all the distortions that have beset the Constitution and look beyond into a brighter future for Pakistan and its 160 million people.

Copyright Business Recorder, 2007

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