The thin end of the wedge

Seeking the removal of the PM at the instance of a few thousand protestors makes no legal sense

The army is once more at the center stage forgetting the former COAS Kayani’s advice not to get involved in politics. The PML-N government too is to be blamed for providing space to the army. During the last ten days the interior minister and Punjab CM called on the COAS thrice. Similarly the prime minister held three meetings with Gen Raheel Sharif. In his speech in the national assembly Ch Nisar denied that the army’s involvement in talks was at government’s initiative. According to him the step was taken by the COAS on a request by the protesting parties while the government only allowed the facilitation. The ‘facilitation’ has provided the army justification to intervene in a dispute that political parties themselves should have resolved. Once the camel is allowed to put its head in the tent, it is likely to dislodge its owner.

On Thursday, TV viewers saw highly excited Imran Khan and Tahirul Qadri rushing to attend a huddle with the COAS. Both almost jumped out of their tankers and drove at top speed to meet the army chief. Last week both had promised that the referee would raise his finger on Saturday last. To their chagrin this had failed to happen.

Both maintained that General Sharif had promised that the army would play the role of a “neutral umpire”. Imran Khan wants the setting up of the judicial commission to probe the allegedly large scale rigging, a demand that the government has already conceded. Qadri’s demand for the registration of the PAT’s FIR in Model Town case has also been accepted. Both could have claimed victory saying that 50 per cent of their demands had been accepted. They could have then called on their activists, holding the sit-in since August 16, to go home. This would have ended the crises.

Both maintained that General Sharif had promised that the army would play the role of a “neutral umpire”. Imran Khan wants the setting up of the judicial commission to probe the allegedly large scale rigging, a demand that the government has already conceded.

But this is not what they had come to Islamabad for. While leading the protest march from Lahore Imran had promised he would force the PM to resign. Qadri had promised much more including the removal of the prime minister and Punjab chief minister, dissolution of parliament, formation of a national government and enforcement of large scale reforms, some sensible, others ridiculous. Neither had tried to explain how these results would be achieved. Brimming with confidence they told their followers they were bound to win. The assertiveness led many to believe that the leaders had already received assurances from powerful circles.

As far as the PTI and PAT are concerned they would like to put the removal of the prime minister on the top of the agenda with the COAS. In case the army agrees to help them the situation would take a dangerous turn.

Seeking the removal of the PM at the instance of a few thousand protestors makes no legal sense. It is also not practical as it would set a bad precedent. Efforts made over years to ensure the supremacy of constitution would go waste. As Ch Nisar put it during his speech, the demand for Nawaz Sharif to step down remains off the negotiating table.

MNAs and senators, both from the Treasury benches and the Opposition, are on the same page regarding the issue of the prime ministers’ resignation. Representing the opposition parties’ views, Khursheed Shah pledged the opposition’s support to the government during the crisis. He clarified that this was meant to strengthen the system rather than bolster up the government. He also demanded that the ISPR provide the details of the army chief’s meetings with Imran Khan and Tahirul Qadri. Those who are keen to remove Shraif will have to cross another barrier also, the Supreme Court.

The vast majority of the legal community would oppose any recourse to unconstitutional means to topple the government. Top lawyers’ bodies that include the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) have warned against derailing the system.

Early this month, moving quickly to pre-empt any possible military action against the elected government the apex court restrained state functionaries from unconstitutional steps. Days later the apex court again maintained that if the trend of toppling governments through agitation was to become the norm, civil war and chaos may reign in the country. One of the judges recalled that things had changed in the aftermath of the apex court’s July 31 judgment which declared the November 2007 emergency illegal. The judgment also introduced a new line in the code of conduct for superior court judges, stipulating that no judge could support any functionary who tried to acquire power through extra-constitutional means. Powerful words but it remains to be seen if they are followed by equally powerful action.

The vast majority of the legal community would oppose any recourse to unconstitutional means to topple the government. Top lawyers’ bodies that include the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) have warned against derailing the system. A country wide protest against any unconstitutional move was observed this month at the call of the two bodies.

Uncertainty prevails in Afghanistan, particularly after Abdullah Abdullah boycotted the re-audit of the recently held polls. None of the major powers would like a similar situation to arise in Pakistan. Pakistan army needs pubic support to successfully finish the operation in Waziristan. Tens of thousands of IDPs have to be looked after and resettled as soon as possible. A commotion much bigger than the ongoing crisis does not suit the army.

A rational approach to the standoff would be to tell the PTI and PAT that they have got enough to show off as signs of victory and it is time they piped down. However the powers that be have not always followed a rational approach. There is no guarantee that they would not act recklessly once again. The ‘facilitation’ might turn out be the thin edge of the wedge.