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So there has been another chaos in our polity (judiciary crisis) and another rescue work by the Prime Minister. In this wake of affairs, the step of the PPP co-chairperson to restrain his party workers from staging rallies against PML (N) leader Nawaz Sharif. All these are sign of growing maturity. This indicates that the democracy in our country is getting roots and there is a sense of responsibility among all though coming out after some muscle stretch.
Every institution say - executive, judiciary, media, parliament, army - is asserting its authority and responsibility. Our country has a unique political cultural background. Feudalism and tribalism which are being exercised for more than six decades (in this country), is now circulating in our blood, which is ominously reflected in our individual or collective behaviour. It will dissipate with the passage of time and with continuance of the democratic rule. No one can start from perfection. We have to undergo the evolutionary process. We are a country where the armed forces have either been directly in power or they have mostly been ruling from behind the curtain of the democracy, which may be treated as an extension of the feudal class.
The culture of power does not allow Zardari to put the hands off from the authorities envisaged in the 17th constitutional amendment. But the course of events will compel him to relinquish the excessive powers and comply with the famous "Charter of Democracy". He will have to decide soon that he should be the party chief or the President. No one can swim against the waves, may it be Ayub, Yaha, Zia or Musharraf or for now Zardari.
There was restoration of the CJ despite all the impediments and pretences. The KLB has to be debated in the parliament. The PSM Chairman has to be removed. The hard-liners like ANP and MQM had to be flexible due to hard and harsh ground realities.
I don't want to enlist the achievements and failures of the present government here, but I have to point out some excesses committed by the executive and judiciary, in the recent past. It is noteworthy to mention that PML-N has dissociated itself from the Federal government due to the severity of the economic, power, water, terrorism, water, food inflation and other problems which are not easy to handle.
They only want to criticise the government at the Centre to win the sympathies of the people keeping in sight the net election. They can't afford the joint failure giving space to other political forces. Letting Salmaan Taseer loose on the Punjab government is unfair. Enforcing the governor's rule on the biggest province was a folly. Disbanding the local bodies system is against the wishes of the general public.
The outrageous statements of the party leaders in Sindh and Punjab tantamount to treason and must be categorically refuted by the top party leadership and disciplinary action must be taken against the offenders. To determine the prices of the consumption goods does not suit the judiciary, particularly in the free market economy.
Failing of the goods at the ordered price is again puts a question mark against the judiciary. Nullifying NRO is alright, but to ask the government to reopen the cases at Switzerland was premature. To recommend extension of a retired judge even after 65 years of age is like obstructing the juniors at the bottom. To become an appointing authority of the judges by the CJ is something causing imbalance.
Though it is something universal, I feel it strange that one should formulate a rule and another should interpret it to bind all. In my humble opinion, there should be a body, representing parliament, judiciary and executive to interpret where there is an ambiguity.
There has been much hue and cry against the judges, who took oath under the PCO in the era of Pervez Musharraf during his last years of rule. However, when the present CJP was taking oath in 1999 under the PCO, there were some judges who denied to sworn in under the PCO as they thought it would be against the principles of upholding the Constitution.
Here, I remember Maulana Fazl-ur-Rahman (JUI-F) once opinionating that all the sitting judges, who once took oath under the PCO, should resign. His argument carries a weight. There was a counter argument that the PCO of 1999 was validated by the then parliament. However, when we talk about the "high morale" ground, we have not to restrict it to the politicians and bureaucrats only.
Ideally, once the CJP was restored and obviously it was a morale victory for the "justice" in Pakistan, he should have himself resigned to annul any subsequent controversaries and set a precedent for the generations to come. Many countrymen will support me in expressing my views that some sections of the lawyers, triumphant of the historical movement have gone outrageous. We have seen many ugly incidents in recent past in which they have gone below the humanitarian norms. They must not distort their image shined during the movement.
The media has enjoying independence and freedom but in some cases its people are not at all adhering to the neutrality norms. They are prevailing upon the law enforcement agencies representative, humiliating the participants in the talk shows, running madly to break the news being quite oblivion of the repercussions. Our hopes should not be turned in dismay so early. Democracy here is still in infancy. Errors and mistakes are natural, but the remedial actions should always follow it. We have to keep room for that.

Copyright Business Recorder, 2010

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