The Supreme Court on Monday dismissed as withdrawn five of the six petitions challenging the candidature of President Pervez Musharraf for reelection. In all probability, the sixth too would be dismissed, removing the last hurdle in the way of General Pervez Musharraf doffing his uniform.
During the hearing of these petitions by the previous court, he had pledged to doff his uniform if he was reelected. Although he had been reelected, it could not be notified by the Election Commission for the court wanted to first decide on the petitions challenging his eligibility. Attorney General Malik Qayyum says it is very likely that President General Pervez Musharraf will hang up his uniform and take oath as a civilian President on Friday or Saturday.
With one of the principal demands of the national political opposition and Pakistan's Western allies thus met, there is the likelihood that the government may plan lifting the emergency. Of course, in building up the case for emergency, General Pervez Musharraf had enumerated quite a few grounds, but the one that eclipsed the rest was his dissatisfaction with the working of "some" members of the superior judiciary.
These members were the judges who were hearing a raft of petitions challenging his electoral eligibility. But that 'problem' has ceased to exist. As for the rest of the grounds justifying the emergency, these were there since much before the emergency was imposed and may linger for some more time, but given that these relate to the law and order situation in the north-west of the country, the scope of the emergency can be limited to the affected region.
Who wants the state of emergency to continue? Certainly not the political opposition as is evident from its vehement rejection of the emergency under which political activity is greatly restricted. For the elections to be truly representative, the exercise must take place following intense campaigning, while the emergency tends to freeze open display of contestants' competitiveness. Neither does the civil society, as the emergency takes away all of the rights the people need to assert in fulfilment of their civil, social and political existence.
Nor do Pakistan's allies, as no country or government would appear to be supporting a General who wants to prolong his rule with the help of a restrictive legal regime like the state of emergency. Nor even the Pakistan Muslim League (Q). Its leaders, including its President, Chaudhry Shujaat Hussain, Secretary General Mushahid Hussain Syed, have said they don't want the "crutches" of emergency to win the coming elections.
In fact, in the given situation what the government would need is not the emergency but a practical code of conduct agreed to by all the stakeholders in the coming elections to ensure that the law and order situation during electioneering does not get out of hand.
Emergency and free elections are antithetical to each other. For the coming elections to be free, fair and transparent, is a question of life and death for Pakistan. With no intention to disparage President Musharraf, one cannot agree with his formulation that democracy and constitution are not as important as Pakistan.
Who should know it better than him that Pakistan is not merely a piece of terra-firma but the realisation of a dream, success of an ideology and homeland of millions of people who want to live a purposeful life. And more so in the changed international environment, when currents and cross-currents of nationalism and sub-nationalism are so powerfully buffeting this country. By denying the people their constitutional rights, the state of emergency tends to vicariously help the forces of disunity and discord.
The sooner the emergency is lifted the better for the cause of national integration and solidarity. In fact, not only the emergency should be immediately lifted and conditions obtained for a healthy and vigorous democratic tournament, the willingness should also be indicated for a complete restoration of the constitution. We wish and hope that shedding the military uniform and lifting the emergency will come in quick succession.
Meanwhile, the government should restore the freedom of the media, which in turn will not only enable the rulers to regain some of their lost confidence but will also help them perform their functions more efficiently as it would provide a medium for the people to give vent to their pent-up feelings.