Trespass

Better judgement not to prevail?

“Pity the nation that welcomes its new ruler with trumpeting, and farewells him with hooting, only to welcome another with trumpeting again.

Pity the nation whose sages are dumb with years and whose strong men are yet in the cradle.

Pity the nation divided into fragments, each fragment deeming itself a nation” – Khalil Gibran

My optimism is clearly in ruins. Last week I wrote, “When giants go to war, the ground trembles, boundaries crumble.” believing better sense and judgement, pun intended, would prevail. With a deep sense of regret, I am being compelled to bid farewell to that belief, as the nation readies for yet another episode of undiluted drama. The dragons are hooting the farewell, and the trumpets prepared for the ‘onward march’.

The question that is this an overkill is in all minds. A good question. The answer is ambiguous: perhaps yes or perhaps no. Yes, because the objective was met, i.e. the 26 April judgement unequivocally established the power of the SC to punish contempt. No, because the nonchalant attitude exhibited by government to the ‘important’ event led to many misgivings. Inaction on the part of the apex court could have led to a dangerous precedent being set.

I have a different view on this. The SC had delivered its judgement. Another very important functionary of the realm, the custodian of the NA, deliberated upon the captioned judgement and wrote a decision on behalf of the supreme legislative body. The purpose having been served, I believe the matter should have been laid to rest in the interest of the people and the nation. Elections, in all probability, will be announced in the next six months. Given the obtaining circumstances was there a need to add to the existing turmoil?

And more so, judicial trespass into the domain of the legislature exhibits scant respect for the boundaries my optimism values. Trespass it is whichever way you look at it. The NA is the people and makes the laws for and on behalf of the people. The courts are to interpret, adjudicate and order implementation of the laws of the land.

In defense of the constitution, wherein the boundaries are clearly defined, not the government, it would appear that functions of the executive have been and are being continuously frustrated by the apex court’s apparent desire to dominate the executive’s exercise of authority. The people are suffering in multiple ways; let’s not forget that. Whereas they are made to believe that this activism is in their interest.

The boundaries securing my optimism also do not countenance the executive’s disregard of court rulings that demand implementation. In specific, those rulings that deal with aspects benefitting the people directly. This distinction becomes necessary, as the view shared by the majority is that recent rulings have strong political overtones owing to the ongoing vendetta between institutions of the state. If any one of the perpetrators of this convoluted fracas remotely believes that national credibility is not crumbling, they are living in a fool’s paradise.

So now, we have no government per se. Negotiations are underway to form the next government, which will happen; no big deal. But what then? Can one expect that one dragon is sated after eating the other’s egg? Because that is exactly what has happened! Gilani is or was just the egg. The nest remains intact till full term and so do the other eggs in it. Unless somehow it is rudely trespassed upon. Then, of course, there can be many scenarios. But my optimism does not allow me to go there yet. I still hold strongly to the belief that the boundaries necessary for the three elements of the state to function in a democracy, can and will be demarcated as a sequel to this vendetta. Obviously the faster the better and hopefully not when it’s too late.

The current attitude of the PPP exudes wisdom. A probable reaction from the jiyalas, whose street power and commitment is known to all, has been tempered down. This is visible respect for the court’s judgement. On television last night, PPP representatives were controlled whereas the hooters were hell bent on raising Kane. The last thing we want now is a nation in flames.

Whether this attitude will remain intact if the new prime minister is once again hamstrung is moot. With the PPP apparently seeking to complete the term of the current house, a new PM is necessary. He isn’t going to write the letter. So does this process start all over again? The ‘tamashbeens’ would love for it to happen. It may take less time for the apex court to get rid of the next one, a precedent having been set and perhaps even less time for the PPP to get another PM set up, only for the Ferris wheel to roll again. Is this Pakistan’s destiny? And no, not just at the hands of the PPP but at the hands of all players, perhaps even the contemptibly unmentionable ones.

Here, Gibran’s last line “each one deeming itself a nation” comes into play. There is a God above and He is watching. Just remember His mills “grind exceedingly slow but exceedingly fine”. Pakistan, and only Pakistan is the Nation!

The writer can be contacted at [email protected].