Ex post facto accountability

In times, when a major feud between two contestants was settled through a sword fight, if one of them fell down in the fight with the sword dislodged, the opponent would patiently wait for the fallen one to pick up the sword ready to fight back. This is called gallantry and courage. Striking a fallen man is called cold blooded murder and cowardice.

Both the references have relevance to some unprecedented events that unfolded in the last few weeks and bewildered the nation. It evoked extensive media coverage, statements and discussions from all walks of life. One, was the media coverage of former President, General Pervez Musharraf, lying very sick in bed and giving a statement on his death sentence. In a feeble voice, he said, among other things, that: "Those gunning for me were once my beneficiary whom he helped out in difficult times".

From the General's statement one can draw two striking conclusions:

1. When Field Marshal Ayub Khan, Gen. Yahya Khan, Gen. Zia ul Haq and Gen. Pervez Musharraf, when were in positions of strength and benevolence, they received unconditional support, for all their right and wrong acts, from all the pillars and institutions of state - at times, even more than they asked for.

Majority of them volunteered their support driven by vested interests, few dissented while some opted to hibernate waiting to strike when the leader has fallen.

Except General Yahya Khan, the rest ruled, unhindered, for around a decade each, with their rule validated by the Judiciary, civil service towing their line and most politicians competing to be in the right camp with the exception of few die hard individuals.

Also, all of them when no longer in position of authority, were haunted and subjected to ex post facto accountability, in one shape or the other with no benefit to the nation or its citizens - An eyewash which only created confusion, disarray and bad taste within the rank and file of institutions and people.

A glaring and most damaging case in this regard is that of President Yayha Khan who was subjected to ex post facto accountability and later many institutions covertly were subjected to shame on the basis of a secret Hamood-ur-Rehman commission report that identified serious omissions and gaps in state governance at that time, leading to the breakup of Pakistan.

What is mentioned in the report was well known all along the short tenure of President Yayha Khan, to those close to seat of power in all state institutions. But, none stood up with a strong voice to correct the situation at the time of its occurrence.

What good was the ex post facto accountability of a benign and fallen leader when the country had been dismembered? If it was meant to shame some quarters and pass a message then this did not work then nor will it work in future. Merely after eight years, in 1978, General Zia ul Haq usurped power and in 1999 General Musharraf did the same. And in future too, when it comes to that, such as occurrence cannot be ruled out.

Wrongs must be corrected at the time of occurrence and state institutions responsible for it must enforce its compliance. This requires courage and gallantry - the two attributes so rare in Pakistan. ex post facto accountability is meaningless and an act in futility.

2) State leaders in our part of the world, when in power and position of strength, sooner or later slide into a web cleverly woven by cronies around them where merit is replaced with nepotism and favoritism. At the end of the day the favourites benefit and move on to new pastures leaving the fallen leader isolated and bewildered. President Musharraf is just one example of this phenomenon.

Nations that have a system of ruthless checks and balances to ensure merit and their leaders faithfully adhere to it, have done good for themselves and their people. There, leaders bow out gracefully after having done their job and move into oblivion.

Till our leaders understand that merit and merit alone is the way forward for them and the nation, they will continue to be subjected to accountability, haunted and shamed once fallen.

It will be a great day for Pakistan when our leaders too bow out gracefully having completed their tenure and our institutions realising their role as regulators and dispensers of Justice react at the time of default.

(The writer is former President, Overseas Investors Chambers of Commerce and Industry)