March 9, 2007 was, undoubtedly, a tragic day in our history - it was not mere barring the Chief Justice of Pakistan (CJP) from performing his duties on filing of reference under Article 209 of the Constitution but a show of brutal power by a man in uniform believing he has inherent (sic) right to rule this country. What happened on that sad day is well-documented in Chief Justice of Pakistan Mr Iftikhar Muhammad Chaudhry v President of Pakistan PLD 2010 SC 61.
It is an important judgement - it should be publicised so that the people understand the nature of the well-planned conspiracy - the target was not CJP alone but the entire nation. It was not more than muzzling of judiciary. It was insatiable quest to rule undemocratically. The desire continues even today. The horrific incidents of killing innocent people and creating mayhem are part of a grand design to disfranchise the state and to rule through proxies (the chosen militant groups).
The unanimous declaration of full bench of apex court, comprising 13 judges, of July 20, 2007 that the dictator acted unlawfully in making the CJP non-functional was a starting point of Musharraf's debacle. Even the extra-constitutional acts of November 3, 2007 could not save the mighty general who at that time was enjoying full support of United States and establishment. For the first time in Pakistan, the establishment suffered a humiliating defeat at the hands of the people. Since then, continuous efforts have been made to convince the people that democracy and civilian rule are worthless in Pakistan - in proving so, our elected representatives, unfortunately, are also playing their active role through incompetence and corruption.
The struggle waged by the legal fraternity, supported by political parties, media, members of civil society and above all, by the common people of Pakistan, made the period from March 9, 2007 to July 20, 2007 a landmark in our history. The first restoration of CJP was a first step towards revival of democratic civilian rule and independence of judiciary in Pakistan. The people's power was overwhelming. It was all due to masses of Pakistan that the periods from March 9, 2007 to July 20, 2007, from November 3, 2007 to March 16, 2009 and from March 9, 2009 to July 31, 2009 became a milestone for blocking any future military takeover. The second restoration of the CJP on March 22, 2009 was not a triumph of an individual but a victory of democratic forces. It paved way for revival of democracy and independence of judiciary. The decision of July 31, 2009 consolidated it when a categorical finding was given against unconstitutional acts of Musharraf and action was taken against all judges who took oath under the Provisional Constitutional Order (PCO) of November 3, 2007.
Though March 9, 2007 was the culmination of black days of authoritarian rule, it also rekindled hope for all political parties, media, intelligentsia and representatives of civic society for rule of law, democracy and freedom of speech. No doubt we have witnessed extremely bad days during the 5-year present civilian rule but we must not forget that for the first time we are going for transfer of power through ballot box. It is necessary that instead of eulogising the days of military dictators, we should work for a democratic polity that is essential for our future survival. The people in the forthcoming elections must come out wholeheartedly and use the right of vote to strengthen Pakistan. The enemies of democracy want to divide the people and create mayhem to pave the way for extra-constitutional rule. The situation is volatile but people must act on the advice of the great poet Ahmed Faraz who once said:
----- Ab mere dosray bazoo pe woh shamsheer hai jo
----- Is se pehle bhi mera nisf badan kaat chuki
----- Usi bandook ki goli hai meri simt ke jo
----- Is se pehle bhi meri shahrag ka lahu chaat chuki
----- Phir wohi aag dar aye hai meri galyon mein
----- Phir mere shehr mein barood ki boo pheli hai
----- Is se pehle bhi to aisi hee garhi aye thee
----- Subh e wehshat ki tarah shaam e gharibaa'n ki tarah
----- Is se pehle bhi to paimaan e wafa tootay thay
----- Sheesha dil ki tarah aina e jaa'n ki tarah
----- Ab magar aisa nahee aisa nahee honay dena
----- Aye mere sokhta jaano mere dard ke maray logo
----- Kisi zaalim, kisi jaabir kisi hakim ke liye
----- Khud ko taqseem na karna mere saray logo
Translation by Huzaima Bukhari
----- The sword that I hold in my other hand now,
Is the one that sliced away half of my body.
----- The same gun's bullet is headed my way,
----- That earlier, sucked up the blood of my veins.
----- Again, the same fire has engulfed my streets,
----- Yet again, the stench of gunpowder is in the air.
----- Once before also there came a time like this
----- A bewildered morning, an evening full of tragedy
----- Once before promises of commitment were broken
----- Just like broken hearts and wilted bodies
----- But not any more, not any more shall we allow
----- O my hapless people with famished souls!
----- Never for the sake of any tyrant or despot
----- Let yourself be divided all my dear people
We should evolve a national consensus on one point: supremacy of constitutional rule and independence of judiciary. The need of the hour is to ensure continuity in democratic dispensation and perpetuation of independent judiciary, free from all administrative clutches and completely insulated from any outside pressure. We, as a nation, must analyse the causes behind the present chaotic situation. Every other day, there are suicide bomb attacks, incidents of sectarian violence, reports of corruption, deaths from starvation, heinous crimes, police atrocities, naked aggression against innocent civilians or unashamed ambushes of our security and law enforcement personnel. It is time that through national consensus and reconciliation we establish a democratic and responsible government, which is not possible without a free and independent judiciary. Political turmoil and unrest is the direct result of undemocratic attitudes and lack of dispensation of justice. We will have to improve governance and justice system on an emergent basis.
The Pakistan that the Father of Nation, Quaid-e-Azam Muhammad Ali Jinnah, had visualised is still not complete. Today, the nation faces the same challenge. What is required is certainly a ceaseless struggle for the consolidation and progress of a representative democracy. Needless to emphasise that dispensation of justice is the main pillar of democracy. We can never establish representative democratic rule unless an effective justice system through competent, free, fair and independent judiciary is ensured. It is tragic that even after 65 years of our existence, we are looking for 'representative' and 'sustainable democracy'. Democracy requires fair and just electoral process, sovereignty of parliament, separation of powers, independence of judiciary, public accountability and rule of law.
All of us, especially our political leaders, must realise that democracy is not electioneering per se. At the heart of the concept of democracy is the assurance for the citizens that their affairs are going to be managed by a 'responsible government'. If we analyse the Pakistani scenario in the light of the above basic principles, there will be disappointment and frustration. Since the death of the Father of the Nation, no government in the country qualified as 'responsible'. The conduct of each government since 1948 was to waste public money, push the people to international debt enslavement and mercilessly flout all rules and laws. So if we failed to have a constitution rule or responsible governance, it is not surprising at all.
The three constitutions we framed remained just pieces of paper having no sanctity as even the framers of these documents violated them and people have been denied fundamental rights with impunity. The constitution of a country is a living and vibrant document that determines the future direction of the nation, provided there is respect for the document and for rule of law. In a democratic set-up, the electoral process ensures the dominance of the people over those who hold political offices. If an election empowers an authoritarian ruler, it will itself be a negation of democracy as authoritarianism and democracy cannot co-exist. The authoritarian rule can only be excluded or checked through a strong and independent judiciary capable of delivering justice and ensuring accountability of all, especially the mighty and powerful.
In any society, administration and dispensation of justice should be the top most priority as without it 'representative democracy' cannot be established. A society without a trustworthy and speedy judicial system, which does not ensure effective dispensation of justice, cannot survive for long. Administration and dispensation of justice in Pakistan need serious attention. People believe that higher judiciary after restitution was more interested in wielding powers for self-interest (the case in point is absolute monopoly over appointments) rather than improving the system for the benefit of masses. They validly point out that lower judiciary has failed to deliver - the required reforms have not been done. The judiciary in Pakistan, like all other institutions, is not delivering according to the aspirations of the people. In the wake of decisions, Chief Justice of Pakistan Mr Iftikhar Muhammad Chaudhry v President of Pakistan PLD 2010 SC 61 and Dr Mobashir Hassan & Others v Federation of Pakistan & Others PLD 2010 SC 1, there was a hope for respect of rule of law by all, but it has been extinguished now as institutions are busy fighting each others for own interests. Neither Parliament nor judiciary contributed positively towards democratic evolution. Executive, as usual, has utterly failed and is adding more to the problems of common people rather than solving them.
The defining moments for Pakistan came on March 9, 2007 when the nation defeated the mighty dictator and paved the way for a civilian rule. After six years, we are still struggling to undo the legacies of military dictators. No doubt it is a daunting task and requires all out efforts at all levels. It requires commitment and resolve from all quarters. The militant groups and religious bigots, created and protected during the military regimes, are posing a great threat to our state than outside enemies. In order to defeat them we will have to unite to show collective determination to resist all forces of obscurantism that are being used for return to the dark extra-constitutional rules. Continuation of electoral process and defeat of such forces through ballot box alone can ensure our survival. It is the prime responsibility of entire political leadership to stick to one point agenda, despite their differences on many issues, to resist extremism, militancy, bigotry and authoritarianism - the maladies that are destroying the very base of our state.
(The writers are members of Visiting Faculty of Lahore University of Management Sciences)