The Supreme Court says one thing, the Balochistan government does another
The face-off between the Supreme Court and the provincial government of Balochistan raises disturbing questions about the quality of democracy prevailing in Pakistan as well as its future.
Balochistan has continued to bleed even after a duly elected government assumed power in 2008. In fact the number of killing and the level of brutality has increased manifold. The province with a mere 15 million population has the worst record of lawlessness in the country despite an extra large cabinet managing its affairs. It is the only province where ministers have been accused by their cabinet colleagues of being involved in kidnappings for ransom without the government taking action against them.
The victims of forced disappearances are in four figures. Those responsible for the crime have been pointed out by the concerned families, community members and in cases even by the highest court of the country. Those conducting the genocide of the Hazara Shia community have made no secret of their identity. The SC has issued warnings, summoned security personnel and high officials of the province and federation to bring the situation to their notice. It has named officials who were behind some of the gross illegalities and threatened to take action against them. The situation however continues to deteriorate.
Baloch legislators have raised the issue in the National Assembly and the Senate, presented facts and cited statistics to underline the horror. They have warned of the consequences of the tragedy for the federation and exhorted the federal government for action. Some who concluded that that they were talking to an audience comprising the deaf in the “august” parliament finally resigned.
Year after year, the federal government promised action to put to an end to forced disappearances, kidnappings for ransom, unending killings of the Hazara Shias and the dumping of the tortured dead bodies. The statements were never followed up with serious action. The latest gimmick was the setting up of a cabinet committee which prepared a report, as all committees do, only to be consigned to oblivion as is the custom in such cases in Pakistan. Meanwhile, high government officials, including federal secretaries and police chiefs, have failed to appear before the SC on different pretexts, made vague statements when expressly called and did nothing to improve the situation.
The provincial government has meanwhile remained totally unperturbed as if the all too frequent kidnappings, killings taking place on almost daily basis and unending forced disappearances were taking place at some other planet. The CM remains in Islamabad for months. The last time he went to his constituency was in 2008 at the time of submitting his nomination papers. For months at a stretch he is found in Islamabad, showing off his luxury sports utility Hummer H2 with a price tag of Rs 180 million and Harley Davidson motorbike valued at Rs 3.2 million. How can one run a problem-ridden province facing insurgency in this style bothers him the least. In fact, the entire Balochistan cabinet cares little for what is going on around.
The supercilious detachment has its roots in the system based on reconciliation with all the forces which matter, civilian as well as military, as preached by Zardari. The system is being practiced in its quintessential form in Balochistan.
Unlike other provincial assemblies in the country, Balochistan Assembly has virtually no opposition party. Out of 65 MPAs, only one opted to sit on the opposition benches. He too turned up at the assembly only once when required to take oath. He never attended any session after that. The government thus faces no opposition to hold it accountable. The assembly has representatives from ten parties and a group of independents. These include ANP, BNP-A, JUI, JUI-Ideological, Likeminded Group, National Party, PML-N, PML-Q and PPP. The entire assembly with the exception of one member has been inducted in the cabinet. Forgetting all their differences each one is busy in making hay while the sun shines.
Under the seventh NFC award, Balochistan’s share in the divisible pool increased to Rs 83 billion in 2010-11 compared to Rs 29 billion in 2009-10 besides an annual receipt of Rs 12 billion in gas development surcharge arrears. The increase in funds from the divisible pool, the retrospective increase in the well-head gas price and the reimbursement of gas arrears helped raise revenue receipts by 95 percent to Rs116bn in 2010-11. The cabinet has neatly divided a fair portion of the funds among its member with each MPA/minister receiving Rs 300 million as discretionary funds. This ensures that there is no criticism from any cabinet member on the government’s performance
There is an understanding between the government and the security establishment also. Both sides have agreed to close their eyes to what the other is doing.
The Supreme Court is seen by both the Balochistan and federal government as an unwelcome intruder. An elected provincial government is in place which takes decisions in cabinet meetings and the chef minister enjoys the confidence of the assembly. So why should anybody object to what is going on in the province?
Equally sharp is the reaction of the federal government to the interim order of the SC which ruled that the Balochistan government has failed in maintaining the law and order and protecting the lives and properties of its people which is the principal constitutional responsibility of any political government and that it had thus lost its legitimacy to rule.
It has been suggested that to avoid a conflict with the SC, the government can impose the governor’s rule or initiate an in house change in Balochistan. While little will change with the cosmetic measures, the federal government is reluctant to undertake even these. It argues that only the voters, in this case the provincial assembly, and not any court of law, have the right to decide whether the government should be changed. And since the CM enjoys the confidence of the assembly, there is no way he can be replaced.
This may sound a good legal argument to some. It fails to answer, however, the question whether an elected government which looks the other way as killers and kidnappers have a field day only to keep in power has any moral right to stay, particularly when the gory drama continues for over four years. Democracy will lose much of its glitter if it is characterised by sheer bad governance and misappropriation of resources meant for social development. It will lose respect in people’s eyes. Those who condone it are paving way for the enemies of democracy to overthrow the system.
The writer is a former academic and a political analyst.
