Published in the 15 December 2009 issue of the Daily Times newspaper in Pakistan
http://www.dailytimes.com.pk/default.asp?page=2009\12\15\story_15-12-2009_pg3_5
view: Paving the way for the General? —Taimur Malik
After the events of the last few years, the rejuvenated superior judiciary fully understands that not only is it responsible for the protection of the rights of the citizens of this country but it is also accountable to the same citizenry
It is January 10th 2010, and Pakistan is once again ruled by a General. Under normal circumstances, the previous sentence may very well be the opening line of a fiction story. However, today it seems frighteningly close to a possibility bordering onto reality.
This fear of the known is in fact being propounded by the government of the day itself through its intentional and unintentional omissions and perhaps its sheer inability to handle the present security paradigm and onslaught of corruption charges against its leaders.
Everyone seems to agree that now is not the time to play the blame game. What the media and the politicians do not stress enough is that now is also not the time to allow the situation to deteriorate to an extent that the fiction becomes a reality — once again. Disruption of the nascent democratic system in the country will be disastrous for a multitude of economic, social and political reasons. However, to many it may seem the only solution for improving the security situation in the country and that, at least for now, may seem to be reason enough. Analysts are already calling for a diversion of all public sector development funds to improving the capabilities of the law enforcement and security agencies of the country. Life after all is more important than money or indeed social, economic or cultural rights.
Civil society has not even had enough opportunity to enjoy the fruits of its unprecedented struggle against the last military ruler. Moreover, this time civil society and its ideals of democracy may very well find themselves out of favour with the general public for the sense of security will take precedence over other perceived or realised rights.
The increasing number of suicide bombings and terrorist attacks will not be the only reason for the change of guard. The outcome of the NRO petitions before the Supreme Court, lack of public confidence in the present leadership, sugar crisis and corruption scandals, differences between the establishment and political leadership on the Kerry-Lugar Act and failure of the elected government to comprehensively and decisively lead the present battle will all contribute to the demise of democracy.
This does not mean that the present government or even the friendly opposition want this to materialise. Indeed, this is the last thing that the politicians and the ordinary citizens of Pakistan want to happen, although for their own different reasons. In fact, even the military may not be very keen to take over the responsibility of the existing messy situation.
We also need to realise that any future military administration is not likely to find many acquiescing members of the superior judiciary to endorse its action on the basis of any doctrine of necessity. After the events of the last few years, the rejuvenated superior judiciary fully understands that not only is it responsible for the protection of the rights of the citizens of this country but it is also accountable to the same citizenry.
However, in view of the history of military interventions in Pakistan, it is unrealistic to expect that the military leadership is not actively reviewing the country’s situation and evaluating its options, although perhaps without the intention of exercising any such option.
The logical question at this stage is whether this possibility (and hopefully not eventuality) can still be avoided and what steps should be taken by the stakeholders in this respect. One would assume that the prime minister should do at least the following:
(a) Lead from the front in relation to the action against terrorist elements by taking the public into confidence and fulfilling his duties as the head of government;
(b) Cleanse the government of unpopular elements and individuals with questionable reputation — the present situation requires a model team leading the nation with confidence and conviction;
(c) Rally the public sentiment in support of the armed forces in its efforts against the enemy; and
(d) Take immediate measures to improve inter-provincial harmony and cooperation.
The much needed show of unity by the chief ministers of the four provinces in Lahore and consensus on the National Finance Commission (NFC) award is no mean achievement and should be duly acknowledged. Similarly, the prime minister’s willingness to appear flexible with respect to Balochistan is also commendable; whether or not this is sufficient is another debate. However, at the same time, a diverse range of corruption scandals involving government functionaries put a damper on such opportunities to rejoice.
Meanwhile, it is incorrect and indeed detrimental from the perspective of democratic governance to leave all controversial decisions to the Supreme Court, which is what the present government is doing at the moment. It is important for a truly democratic Pakistan that all pillars of the state take stock of their respective responsibilities and forge a working relationship that builds on the ideals of separation of powers, independence of judiciary and the supremacy of parliament.
If the government fails to take the obvious steps, terrorists attacks continue to disrupt normal life and business, implications of the Kerry-Lugar Act’s implementation start becoming evident, NRO beneficiaries continue holding important offices and all the nation gets is political statements and condolence messages from the leadership, then only the determination of the army to stay away from politics will stall military rule. Although many may question whether this would be the best thing for Pakistan at that moment — such is the unfortunate state of affairs.