Won’t matter much if not implemented soon
Pakistan has suffered immensely from unlawful acts on the part of the high and mighty. Men on the horseback with Bonapartist tendencies have overthrown elected governments and suspended constitutions. A prime minister was hanged, another one sent into exile and the leader of the opposition debarred for years from returning to the country. Elections have been rigged by the ISI. Agencies have picked up opponents of the regimes, taken them to notorious interrogation centres, like the dreaded Lahore Fort and the Quli camp. Unfortunately, illegal activities of the type have been allowed to continue in Balochistan under the present government also.
A major argument adduced by two high ranking ISI and IB officials was that the acts committed by them were ordered by their superiors. The SC verdict clearly lays it down that in the course of the discharge of his duty, a soldier is under obligation to see that the constitution is not violated. Any deviation from this by a serviceman amounts to the violation of his oath and renders him liable to action under the constitution and the law. Thus an army man would be in his right to disobey illegal or unconstitutional orders given by his superior. The verdict also makes it clear that any superior officer issuing unlawful orders, or failing to prevent unlawful actions by his subordinates, would be held culpable. In the past, coups were planned by ambitious army chiefs and executed with help of the corps commanders. It was common to order 111 Brigade to arrest the prime minister. One hopes that the verdict would send a strong message to the members of the armed forces and civil officials that anyone committing any illegality would not escape retribution. Balochistan would serve as a testing ground for the effectiveness of the judgment.
The negative remarks by the SC about the performance of Balochistan government have led the federal government to file a review petition expressing apprehension that the apex court is trying to assume the powers under the rescinded 58(2b). While it is for the court to address the complaint, many think that if the judgment is implanted in letter and spirit, the law and order situation in Balochistan would considerably improve, removing the need for action against the provincial government.
Now that the full judgment has been announced the government has to proceed apace against the two former army officers found guilty of the violation of constitution. Precedents have to be set to make people realise that nobody, however powerful, is above the law. Unless the two culprits receive exemplary punishment, the judgment will not have a full impact on society.
