Supreme Court should uphold Justice

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This JIT could be the start of something truly historic

 

The heat is rising as I write this a day before Panama JIT will submit its final report to the Supreme Court. The nation is going through an emotional phase and remains deeply polarised because of it. The media and politicians alike are playing to their own tunes. For me personally, it is more important that justice should be served without favour or bias. I have never supported demands that an elected PM should resign. I would prefer that he should be disqualified or exonerated through a due judicial process. Pakistan should not be compared with any other country but since many quote the example of other countries so I am compelled to do the same. In South Korea and Brazil, President Park and Dilma Rousseff did not resign but were sent home through a proper judicial process.
Pakistani judiciary has a crisis of perception. Historically Supreme Court is blamed for endorsing martial law as well as commit judicial murder of an elected Prime Minister. When son of one of their own brother Judges that happen to be a Chief Justice they could not remain impartial and allow due process to be employed. This perception of bias cannot be taken lightly and I suggest to honourable Judges to take following actions:

  1. Ensure that disqualification of a PM if found to have committed money laundering or corruption should be through a due process as stipulated in the constitution for any citizen of the state.
  2. Announce a JIT to investigate and prosecute all 430 people listed in the Panama Papers.
  3. Instruct Parliament to promulgate laws that ensure no corruption or abuse of power is committed by future Prime Ministers, Chief Ministers and other people in power.  Panama JIT was headed by an FIA Director which shows that FIA has the capability to deal with white collar crime. I have never supported NAB and consider it a political tool of exploitation. FIA should be empowered to prosecute and investigate white collar crimes and NAB should be disbanded.
  4. Supreme Court should create a special FIA team to bring General Musharraf back to the country to face cases pending against him.

When Supreme Court order included ISI and MI in Panama JIT many, including myself, objected to it and considered it a source of tension between civ-mil relations. But the reality is that military is now fully engaged in the process. They have to demonstrate that they are committed to the constitution, democracy, and rule of law. During the trial of General Musharraf, it was widely reported that General Raheel, then COAS, put pressure on the government to let him go out of the country. It is now clear that Gen Musharraf is Masha Allah in good health. It is now incumbent on the COAS to ask Gen Musharraf to come back to the country and face cases against himself for the abrogation of the constitution. He did not impose martial law as an individual but using his power as COAS and was helped and facilitated by many Corps Commander.
In a press conference yesterday Imran Khan made it quite simple for everyone to understand that there are only two kinds of people. Those that support him and hence oppose corruption. Or those that oppose him and hence support corruption. In other words, the dirtiest of a dirty politician of other parties can join him and be declared clean or be ready to face courts for their corruption. He in a way offered an NRO to all corrupt politicians. Now his team includes those that did not even leave money of the pensioners and embezzled money from EOBI as reported by newspapers. Imran Khan personally erected hurdles to Ehtisab being done in KP province to protect his CM and cabinet members. Not only that Imran Khan never respected party constitution and considered himself above the law. He and his team were rejected by 92% of party members despite their efforts to rig the election in every possible way. Now he leads a party of lotas (turncoats) that is not PTI but PTI-L (lotas).
I don’t see that disqualification of an elected Prime Minister without fixing structural, legislative or process issues will help the country embark on the path of progress. None of the political parties and most of the intellectuals are offering any solutions. Political parties are controlled and supported by the elites funded by oligarchs while intellectuals are busy in promoting anarchy rather than offer a roadmap to progress. Electronic media, most of which is controlled by oligarchs, are biased towards either one or the other side. They are neither educating the people nor providing facts.

 

Pakistan should become a country where there is rule of law, social and economic justice. It is not possible until and unless all those that break laws are punished whether they are a politician, general, bureaucrat, judges or an oligarch.