The story of a man called Nawaz
When he took office four years ago, Nawaz himself acknowledged that he did not understand the limitations of a prime minister’s power to exert his will on the government institutions. But it’s also pretty clear he still does not understand it.
“When the president does it, that means it is not illegal,” Richard Nixon said during a televised interview in 1977. Nixon understood that he could never pardon himself. Nawaz Sharif may have just learned that the hard way.
Last year, one adviser had advised Nawaz Sharif to resign as Prime Minister and get himself re-elected as the President of this ill-fated country. The reason was that the position has immunity, which has already saved Zardari from his corruption cases. Nawaz perhaps could not understand this simply expressed proposition. Saving the probe into his illegal property and transactions, this would have saved him and the family from the embarrassment that they are facing now. Though they are adamant to challenge any corruption charge, they and their aides know they are wrong and working on an erroneous path. Perhaps they felt that the country’s laws were far below them, fixed for others and the general public. But Imran’s inquisitive nature and determination to erode corruption from the country has put the first family into turmoil.
Experts noted that the Constitution does not explicitly prohibit a prime minister from pardoning himself; and does not provide authority to the President to pardon the Prime Minister for his involvement in corruption or his misdoings or abusing the national exchequer. On the other side, Nawaz’s legal experts said that the report of JIT is not comprehensive and there are certain terms which require clarification. This was a fiercely debated but as yet unresolved legal question, which shows their intentions to delay the matter, keep it pending with answers and questions with further answers and questions.
Nawaz, his children and his aides had been fuming about the probe in recent weeks and about the legal questions that he and his family have faced. His primary frustration centred on allegations that the probe into his money trail had been spread into scrutinising many years of his family business and deal-making. He told aides he was especially disturbed after learning that the JIT would be able to have access into several years of his tax returns, his business transactions, his off-shore companies and his properties abroad.
Lawyers of Prime Minister Nawaz Sharif had been exploring every possible way to limit or undercut the JIT reports vis-a-vis investigation, building a case against what they alleged were conflicts of interest and discussing the Prime Minister’s authority in the parliament. Nawaz Sharif asked his advisers about his powers of controls on institutions and the President’s power to grant pardons – especially in the case of the PM’s family members and even himself in connection with the probe.
As I write this, on 28th July, the highest legal forum has proven their independence.
Regardless of how serious these conversations are, someone who has nothing to hide is typically unlikely to query his lawyers about whether he can challenge the Supreme Court.
However it is not terribly surprising when viewed in the context of his career: He has often behaved like the rules that apply to everyone else do not apply to him.
Nawaz Sharif often acted as if it was better to confront every individual or institution – or even head of the state – as opposed to stepping back or accepting his own mistakes. As Chief Minister Punjab from 1988 to 1990, he had badly harassed the then Prime Minister Benazir Bhutto. Further as CM Punjab, he seized the powers of the governor in favour of the CM. Nawaz confronted two Presidents to the extent that they were forced to resign.
During his second tenure, when he fired Chief Justice of Pakistan, Chief of Army staff and Naval Chief, his aides like Mushahad Hussain laughingly commented “Mian Sab karakey kud ditey jey”. Listening to such aides, and resultantly allowing himself to feel pride in his actions was Nawaz’s big mistake which he may only have realised later on.
Or maybe not.
He applied the same formula to Pervez Musharraf. The result of that incident, of course, was in accordance with Newton’s third Law – “every action has a reaction”. Perhaps because of his previous successes when applying his formula, he was caught off guard by the blowback. Perhaps it was partly because he’s accustomed to being able to get his way.
Fast forward and, despite all the previous occurrences, good or bad, it would appear he has still learnt nothing and is unable to control his authoritative and unaccommodating nature.
Defending his refusal to divest from his complicated holdings, he said during his tenure that voters knew what they were getting when they voted for him. “Prior to the elections it was well known that I am from a business family and hold properties all over the world,” Nawaz Sharif was fond of stating in every address to the public.
In ways big and small, the now former prime minister continued to show disdain for the long standing independence of the justice department and the rule of Law.
When he took office four years ago, Nawaz himself acknowledged that he did not understand the limitations of a prime minister’s power to exert his will on the government institutions. But then again, it’s pretty clear he still does not understand it.
| The Panama Leaks raised a host of questions about the abuse of national exchequer, might be some commissions against national purchases which were supposed to be investigated to the extent that every penny speaks itself, only then the nation would have been able to protect itself from the forth coming such rulers.
Lawyers like Raja Salman Akram showed him as well his children another path with the hope to settle the Panama decision in their favour or to allow the matter to linger on for as much time as much he (Nawaz) wanted. That would have been unfortunate, and just wrong, because it was an ill-suited practice Pakistani lawyers have often used to undermine the rule of law and independence of the judiciary. Over and above, in case any effort of interference by head of the state diminishes the justice which ultimately turns the state of affairs problematic.
Nawaz Sharif is no exception to the general rule of our politics. Unfortunately our politicians are addicted to the established systems and to abstract conclusions that they prepare deliberately to distort the truth, to close their eyes and ears, but justify their logic at all costs. Of course this in turn becomes very dangerous for them and for the safety of the country. Where it ends was the main concern of this nation. Time, had proven that usually the “powerful” fled away with their misdoings without any penalty or punishment. But this time we witnessed the foundation of new precedents laid by the Supreme Court, returning to the people something we hadn’t seen in a long time: trust in our judiciary. This marks, hopefully, the beginning to a new sort of beginnings, and a lesson to all corrupt politicians and others who believe otherwise that nobody is above the law and that criminals will never be pardoned and will have to answer for their illegal assets and abuse of national exchequer. |