Situation heating up
Here we Pakistanis go again! This terrible habit of cooking on high fires with mega spoonfuls of oil to produce and eat food that is unhealthy to say the least. A terrible waste of resources, time and, even more importantly, diverting focus from the huge operational issues that face the country.
Purported confrontations between various arms of government have dominated the last couple of years coming to boil after the May 2nd incident and continuing to rise in intensity. One believed that the major players providing leadership in various forms today, having been prematurely “terminated” from office and having bounced back, would have learnt lessons. That cooperation within norms and rules of business and importantly constitutional provisions governing individual and specific offices would define conduct. Evidence to the contrary prevails.
Everything important is at a standstill. Headlines each afternoon occupy the population late into the night. Speculation creates tremors. The reputation, economy and well-being of Pakistan continue to suffer. The cauldron of hate, rage and instability stands at a dangerously high boiling point.
The short order announced by the apex court in respect of the NRO documents the standoff between the executive and judiciary. It also exposes the limitations in powers of implementation of courts. This fact has itself has been the subject of discussions for long. However right now the contents of the captioned short order and implications thereof are under debate in the hours preceding this article. The apex court while providing six options and referring the matter to a full bench thus delaying head on confrontation seeks, among other aspects, to advise the executive of its obligation under Article 190 of the Constitution.
Whereas the debate covers the entire order, I believe it is necessary to concentrate on the sixth option, which can be termed without precedent. It can be construed in multiple ways. The implications of the people being better suited to deal with the “delinquent” and the “recalcitrant” go deep. Yes, we the people are owners of the country and we have elected parliament to represent us. There are constitutional provisions that govern conduct of parliament and government. These provisions provide for change in government. Can and should any other option, in any form or manner, be encouraged, advised or be empowered to act to enforce anything repugnant to these provisions? So does this option seek to advise, encourage or empower a ‘mediator’ to force early elections? This could become a very serious precedent in the future of our country.
If any one believes that future governments will not be confronted with a similar situation, then they need to think again. The past is littered with similarities. One cannot forget that defiance of rules, regulations and norms is integral to the Pakistani mindset. From the smallest to the biggest, the quantum of energy directed at this defiance is all consuming. From simple traffic rules to building laws, to corruption, to taxes; you name it, we are breaking the law. The bigger one is, the bigger the law one breaks. Nothing is able to stop it and no one wants to.
The important positive aspect of the captioned order is that the apex court has attempted to advise the three arms of government, legislature, executive and judiciary, to act within the provisions allowed in the constitution and not overstep their bounds. In the long term, this is the only answer. And if it is not, the functionality of the constitution in its present form becomes questionable.
It is unfortunate that the sanctity of matters sub-judice has never been protected in Pakistan. Even now, random politicians, analysts, anchors, commentators, et.al, have made these matters the focal point of their uttering. This has definitely generated the alleged belief that the judiciary has been politicised. The government’s reaction appears to be based on the fact that it is being targeted. The apex court has rightfully taken notice of statements made by lawyers representing government on court proceedings; perhaps the apex court could also enforce a complete ban on discussions on sub-judice matters at any forum in the country. This would wear well for justice and fair play.
The country has been haemorrhaging for a very long time. It is a tribute to the courage and durability of the people that the country continues to exist and continue the fight for progress and prosperity envisaged by Mr. Jinnah. Najam Sethi’s observations a couple of nights ago, that the time has come for the nation to move on, hit the nail on the head. People are seeking relief from the apex court for cases that have wound their way through the painfully slow judicial process to its jurisdiction. They are being frustrated by the inability of the current workload to find time to consider their submissions. Perhaps one may also take the liberty to suggest that the current trend of random petitioners filing time-wasting cases needs to be discouraged.
Notwithstanding all this, the apex court has attempted to provide a way for the trichotomy to move back from the edge of the precipice. It is incumbent upon all, it’s important here to understand the connotation of the word ‘all’, to acknowledge the supremacy of the constitution, act beyond ego and personal considerations and only in the interest of the nation. A setback today could ring the death knell for Pakistan as we see it today.
The writer may be contacted via e-mail at [email protected]
