Justice Malik Abdul Qayyum (Retd.), erstwhile head of the Accountably Court, who is now Attorney General, has been much in the news during the month.
A Pakistani newspaper reproduced from the archives of Sunday Times of England, transcripts of 65-minutes of phone conversations Malik Sahib had had in 2000/2001 which showed that the Justice took direct instructions from Shahbaz Sharif (then Punjab Chief Minister), Khalid Anwar (then Law Minister), Saif-ur-Rehman (then Chairman Accountability Bureau), Justice Rashid Aziz (Retd) (then CJ Lahore High Court), in deciding a corruption case lodged against Benazir and Asif Zardari in the Accountability Court.
The transcripts showed that messages, instructions and threats were repeatedly and persistently conveyed asking an obviously pliable Justice, not only that the case be decided against the accused but that it be decided by such-and-such date and that the maximum punishment be given.
The calls were (purportedly) made on behalf of Nawaz Sharif (then Prime Minister) and frequently quoted him. The transcripts showed an abject and servile Justice making promises right and left to oblige all requests. The sentence passed by Justice Malik Abdul Qayyum (Retd) against Benazir and Asif Zardari was subsequently set aside by a Bench of the Supreme Court and Malik Saheb was forced to resign the Judgeship.
The whole matter has been brought under the limelight once again by his recent appointment to the Attorney General function. When asked to comment on these happenings by a reporter, the Attorney General was reported to have declined to comment as the "issue was more than six years old".
Spokesman of the Presidency as well as the Information Ministry also kept mum, according to a report. The entire episode puts our governance - past and present - in a very poor light. It shows (the then) Prime Minister Nawaz Sharif (allegedly) arm twisting a Judge to get the desired results from courts of law against political opponents.
It also shows high functionaries of the Judiciary and Bureaucracy actively helping him in thwarting the course of justice from whatever motives. It also shows that the present rulers have learnt nothing from the past and are not averse to using corrupt or corruptible instruments to achieve selfish and short term objectives of a dubious nature. It appears to be a fit case for suo motu action by the Supreme Court for full investigation.
LOOK OUT LAWYERS - DANGER AHEAD!The superlative change in the political environment in Pakistan (we will have to wait and see if it will endure) is the direct result of four successive and inter-related events:
a) A serious miscalculation by General Musharraf, b) CJP refusing to bow before tyranny and highhandedness, c) Lawyers lining rocklike behind the CJP in an unprecedented show of courage, steadfastness and perseverance which cut across party affiliations and d) The common man suddenly emerging from decades of despair and also becoming the bulwark of what became a crusade for restoration of judiciary's independence.
So far so good, but a danger now looms which has the potential to test the lawyers' resolve and judgement to the limit. The danger lies in the elections just round the corner. Many of the candidates will be lawyers. In the political rough and tumble which precedes the election many of them will be pitted against each other.
Winning will be a priority for them individually and for the party. Will they be able to maintain the unity of purpose and action needed for the new goals they have set for themselves as lawyers: restoration of democracy and an end of military intervention in the political affairs of the country?
Munir A Malik and others of the Bar Councils as well as lawyers like Aitzaz Ahsan, may like to consider the following suggestion for what it is worth. That all lawyers decide as a body not to go for respective party tickets. Instead, in consultation with the parties of their respective affiliations, they might work out a Lawyers' Manifesto based on a one-point agenda of restoration of democracy in the country sans military role.
They could also, again with the consent of respective political parties if necessary, field a token number of candidates, say, two to three percent of the total, on the platform of what might be called Lawyers' Forum for Democracy (LFD) or some such name. They will then be a very potent pressure group to keep every one (including the political parties) in line towards the one-point agenda. Political parties not agreeing to this expedient course of action will be exposed.
WAR AGAINST TERROR GETTING OUT OF HAND!Something that could tear to shreds the very fabric of our society appears to be a real possibility. Both General Musharraf and Benazir have been vying for American support "selling" their candidacy by promising to be more effective in the fight against "extremism".
The real problem is how you define extremism and the related terms "enlightened moderation", "terrorism" and so forth. President Bush has been defining the terrorism over the years in increasingly strident terms to include wider and wider swaths of Muslims around the world.
Faithfully toeing the American line, Pakistan under General Musharraf has also been widening its war against terrorism to mean war against al Qaeda, to war against "foreigners" in the tribal areas, to war against the Taliban, to war against large swaths of Tribals and is now dangerously close to mean war against large numbers of Baloch and Pukhtoon segments of our population.
Both General Musharraf and Benazir are outdoing each other in convincing America that they are very serious in the war against terrorism as defined above. No wonder America is very keen to bring about reconciliation between the two so that they could jointly fight America's wars on Pakistani soil, pitting the Pak Army against Pakistani citizens.
This would bring much needed relief to American forces shedding Muslim blood in Afghanistan. We need to wake up to this danger before it is too late. As each day passes we appear to be getting closer to widespread armed strife within the country. Pick up any newspaper in Pakistan and you will surely find reports of skirmishes between our army and our own people whatever name you give them.
...DEAL, NO-DEAL THE RASHID-DURRANI PUPPET SHOW The spectacle of two senior ministers being used cynically by the Master to make totally contradictory statements about the wheeling-dealing being indulged in at the highest level in the country makes for more sorry than funny viewing.
While the former Information Minister, now riding the Railways makes statements that appear to be closer to what has been and is actually happening, the present Information Minister appears to be quite happy either doling out falsehoods knowingly or being kept ignorant of developments which his Ministry has the right to be a privy to, more than any one else.
By repeatedly making statements to the Media in direct contradiction to happenings as seen by the people through other means, his image is tarnished rather more than that of other Government spokesmen who have allowed themselves to be used in this manner. His credibility as a communicator of Government position on various matters is now close to nothing.
It was finally Benazir who disclosed (true to character, in US Network broadcast before any one else) specifics of the "deal" in the last week of August 07. Despite all the rhetoric to the contrary, Benazir is reported to have said she is agreeable to election of General Musharraf as president in uniform to be followed "soon" by his reelection without uniform.
She is even agreeable to working with him as PM with adjustment of the respective powers of the two high functions once he is elected without uniform in the second presidential election. There is as yet no official comment on these disclosures from General Musharraf or any of his spokesmen barring Sheikh Rashid's comment that agreement has been reached and details are now being worked out.
The other conditions to be fulfilled by General Musharraf according to the "deal" are: Cases against her and her husband in the Swiss Courts and in Pakistan are to be dropped and the relevant law is to be amended in the Parliament to allow her a third term as PM.
For reasons which should be obvious, Benazir chose not to talk about the release of a staggering $1.4 billion allegedly stashed away in bank, numerous around the world traceable to her and Asif Zardari, according to reports in the local and western Media.
During the past two weeks, she has been complaining constantly against General Musharraf for not keeping his part of the deal by not putting into effect the promised "confidence building measures" presumably referring to the matter of Parliament action in respect of a third term for PMs as well as withdrawal of cases presently pending before Pakistani Courts against politicians and adjustment of the respective powers of President and Prime Minister involving mainly the repeal of article 58 (2B) which empowers the President to dissolve the Parliament on his own.
She has now given a deadline (end August) for being told how things stand. Towards the end of the month hectic, last-round discussions began in London between General Musharraf's emissaries and Ms Benazir. As usual none of the PPP "leaders" appears to know what is happening. Their fumbling in response to keen Media questioning arouses pity.
In granting Benazir one or more of her aspirations enumerated above and what might be expected to follow, General Musharraf will have to contend with growing opposition from PML-Q most of whom are made of turn-coat stuff any way. A couple of leaders have already broken ranks towards the end of the month. If this is followed by elections and a Government is formed by him, with "like-minded" parties including PPP and the MQM accepting General Musharraf as President, there could be more difficulty in store.
For one, both Benazir and MQM will be muscling in for more powers and privileges than it will be possible for the President to give without landing himself into greater difficulty, an autocrat that he is both by temperament and background. For another, polarisation in the country, already visible, could assume serious proportions.
Likewise, in compromising with General Musharraf in or more ways in return for one or more of "pardons" and concessions, she desperately needs, Benazir could face serious loss of following in PPP and a much tarnished image. (Aitazaz Ahsan already appears to be ready to cut loose).
In either case the nation will be in for a bad time. Towards the very end of the month Ms Benazir claimed (talking to western Media as usual) that General Musharraf has agreed to doff the uniform.
As we go to press: (1) Nawaz Sharif has decided to land in Islamabad on 10 September and proceed to Lahore in a marathon motorcade along the GT Road while General Musharraf has said he cannot do this and is reported to be planning to talk to Saudi Arabia at the top to achieve this.
(2) General Musharraf has denied that he has agreed to doff the uniform contrary to what Benazir has been saying. (3) There is a huge arithmetical gap in the estimated quantum of consensus achieved in the "deal" between Benazir and General Musharraf, between Chaudhry Shujaat's 9% and Benazir's and Sheikh Rashid's concurrent estimate of 80-90%. (4) Contrary to what was said in the recent past, PML-N is now agreeable to welcoming "back bench" defectors from PML-Q.
HOW CONFUSING CAN WE GET?
LEGALLY RIGHT AND MORALLY WRONG IS OKAY?Moral positions have their roots in fundamental values and Divine Laws whereas positions based on human legislation are not infallible, being prone to all kinds of prejudices and expediencies. In acting according to legislation by men the spirit behind the laws must take precedence over the letter of the law.
(a) Should an elected body at the very end of its term bind its successor body to decisions which are the latter's prerogative?
(b) Should a paid Government Servant, however highly placed, occupy an elected office at the same time?
(c) Should turncoats be rewarded for reneging on previous commitments?
(d) Should a sound rule limiting the period for which an elected office holder can hold that office be changed to meet a current "need"
(e) Should commitments and promises be considered less binding if they are not couched in legal terms and are not in conformity with conventional legal framework? Is it okay to renege on them?
IF THE ANSWER TO ALL THE ABOVE QUESTIONS IS "NO" IT FOLLOWS:
(a) That the present Parliament has no right to foist a president on the next Parliament for another five years.
(b) That General Musharraf has no right (and never had) to continue as President while wearing the Uniform.
(c) That turncoats should not be rewarded with withdrawal of cases and positions of trust.
(d) That Parliament should not (as an opportunistic measure) reverse the law that restricts a PM to two terms.
(e) Nawaz Sharif should not renege on his moral commitment to stay away from Pakistan for 10 years even if it is not found to be legally binding as was the case. (General Musharraf demand for this, however is preposterous when viewed in the context of his own reneging on the commitment made to MMA to give up the Uniform or the Presidency once he had obtained what he wanted through the LFO deal).
JUDICIARY The judiciary is now said to be flooded with cases of oppressed people in Pakistan reaching out to it with high hopes of relief from oppression in the form of unlawful confinement, torture and other kinds of inhuman and high handed behaviour by those who consider themselves above law.
This situation will tax the resources of the Judiciary and the present Government is unlikely to be of much help in this. All signs are that the Judiciary will persevere and helped by lawyers and the Media and people at large, will come out on top. Important cases against the present government have been initiated and a 7-Member Bench has been formed for the purpose towards the end of the month.
RETURN OF NAWAZ SHARIF - THE SAAD HARIRI FACTOR With the Judgement of the Supreme Court allowing Nawaz to return to Pakistan (which came sooner than many expected) the onus to return (to what is expected to be a very enthusiastic welcome) is on Nawaz Sharif. Musharraf (through his spokesmen) is holding out the threat of imminent arrest in cases that had been dropped (or withdrawn according to then President Tarar) at the time of the "deal" involving Saudi Arabia.
News coming from GoP sources claim that Saad Hariri has advised Nawaz Sharif not to renege on the deal and not to return to Pakistan before the stipulated period of ten years has elapsed. The Attorney General MAQ who was recently in Saudi Arabia on Umra, has said (without much hope presumably, that any one would believe him) that the visit has no other reason. Another inspired news item pertains to "discovery" of a Nawaz Sharif-bin Laden link. Superb timing! How desperate General Musharraf must be!
CLOUDS ON THE JUDICIAL HORIZON Was the Minister of Parliamentary Affairs Dr Sher Afgan speaking on his own (see "Quotes of the Month" below also) when he refused to accept as just the Supreme Court Judgement allowing Nawaz Sharif to return to Pakistan?
Or was this a calculated move by General Musharraf who has been using his cabinet members (Sheikh Rashid, for example) in some very odd ways. So vocal was Dr Sher Afgan against the Judiciary in the matter, that the Contempt notice served on him by the Supreme Court was universally considered as called for and justified.
Some weeks ago Dr Arbab Rahim also had "talked back" to the Supreme Court when it took Suo Motu notice of hours-long traffic jams on Karachi Roads causing misery to millions of Karachi people. He had "reminded" the Supreme Court that traffic jams were a matter for the Traffic Sergeant not for the Chief Executive of the Province and that the Court should attend to its own work or words to that effect.
Is this a foretaste of what General Musharraf may have in mind, pious words from him, professing respect for Judiciary, notwithstanding? Will the final "Punch" General Musharraf promises be aimed at the Judiciary?
QUOTES OF THE MONTH "It is the need of the hour that there is political stability and reconciliation" - General Musharraf.
-- "The last punch will be mine" - General Musharraf
-- "Only SC can block re-election in uniform" - General Musharraf.
-- "Meeting between Ms Bhutto and the Israeli envoy at UN was prearranged and it went on for over three hours" - Israeli sources at the UN
-- "We met at a dinner briefly" - Ms Bhutto talking to Dawn
-- "Benazir unhappy with Aitzaz Ahsan and some other leaders of PPP who strongly disapproved of her recent meeting with General Musharraf" - Source close to Benazir.
-- "Person held responsible for reference (against CJ) should quit" - Attorney General MAQayyum.
-- "The Judiciary should launch its own Justice Party" - Sher Afgan's unsolicited advice.
-- "Judiciary to be responsible for Martial Law" - Dr Sher Afgan
-- "Nawaz Sharif is ready to sit with General Musharraf if he steps down" - Interview report
-- "Bush has 'Musharraf policy' not Pakistan policy" - US Senate Committee.
-- "I will always be a candidate for the PM post" - Show at Asia.
-- "We want to know which agency provided information to the President on the basis of which he said that people demonstrated their power despite the fact that 50 people were murdered and half the city was taken hostage" - Sindh High Court.
-- "As many as 700 workers have dissociated themselves from MQM in Lahore against the backdrop of May 12 incidents in Karachi" - Rashid Qureshi, MQM in charge in Data Town.
-- "The Lal Masjid case was a complete mess because of inefficiency of the officials" - CJ
-- "Saudi Government should be left alone" - Nawaz Sharif.
-- "Produce the missing or go to jail" - newspaper headline: Supreme Court to DG FIA
-- "The ISI is not a law enforcement agency" - Supreme Court ([email protected])
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