Setting the house in order

Old habits refuse to die

The feared CJP Iftikhar Mohammad Choudhry has gone after completing his action-packed tumultuous term. With this the cycle of change in order of key state institutions – all within this year – is virtually complete.

There is a new president, army chief, and a chief justice who will be presiding over the apex court for the next seven months before he also retires. Nawaz Sharif heading the PML-N government has already completed more than six months of his premiership.

Those players who had presided over the destiny of the country in the past five years are all gone as a result of democratic transition, for the first time in Pakistan. But has the change ushered in a new democratic era is too early to tell.

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‘The PML-N’s half yearly report card is not very encouraging. It is still in a transition mode as key decisions and appointments remain pending. And wherever they have been taken dithering and procrastination has been the hallmark.’

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The PML-N’s half yearly report card is not very encouraging. It is still in a transition mode as key decisions and appointments remain pending. And wherever they have been taken dithering and procrastination has been the hallmark.

The government seems to be hamstrung even in ostensibly mundane matters like key diplomatic appointments. Major (Retd) Karman Shafi was appointed high commissioner to Britain but when the then COAS Gen Kayani objected to his appointment, it was hurriedly withdrawn. Resultantly despite a lapse of more than six months Wajid Shams ul Hasan, a PPP appointee, remains accredited to Whitehall.

After foreign secretary Jalil Abbas Jilani was appointed ambassador to the US, our envoy in Germany was named his successor. But his appointment was also hurriedly withdrawn. Likewise the gentleman who was to replace our high commissioner to New Delhi has been asked to stay put for the time being.

The decision to appoint heads of various organizations and members of boards in the public sector also remains in a limbo. Some say that the government was simply waiting for exit of the CJP before making its moves.

One area where it did move with alacrity was the removal of the chairman NADRA Tariq Malik who was reinstated within hours by the Islamabad High Court. This was a blatant act to prevent Tariq from rechecking thumb impression in certain constituencies where PML-N candidates had been declared successful and the results challenged in election tribunals.

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‘Friendly relations with India and seeking investment from abroad seem to be the favourite hobbyhorse of Prime Minister Sharif. These are noble aims. But are they achievable in the present environment?’

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Ch Nisar Ali, the perpetrator of the whole operation, has made a Freudian slip by pleading with the National Assembly not to bring the whole (May 11) elections process into question by opposing the sacking of Tariq Malik. But is it not the government that is bringing the credibility of the election process into question by trying to make NADRA its handmaiden?

That the Supreme Court headed by its new chief Tassaduq Hussain Jillani will be relatively docile is the conventional wisdom being expressed in legal and political circles. Similar sentiments were reportedly expressed in a meeting between the finance minister and the IMF officials in Washington.

Admittedly the government’s ambitious privatization process could possibly have run aground while Chaudhry was heading the apex court. It was on the former CJP’s watch that privatization of the Pakistan Steel Mills was stopped while Musharraf was president. Prime Minister Shaukat Aziz was adamant at this affront and he played a pivotal role in egging on Musharraf to sack Iftikhar. The rest is history.

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‘The decision to appoint heads of various organizations and members of boards in the public sector also remains in a limbo. Some say that the government was simply waiting for exit of the CJP before making its moves.’

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The new CJP is a mild mannered gentleman who has already declared that the apex court would be more circumspect in using its suo moto powers. Hopefully the apex court under his aegis will not unnecessarily interfere in the domain of other institutions. Nor politicians and bureaucrats will be subjected to the same humiliating treatment that was meted out to them by the apex court headed by Iftikhar.

Old habits refuse to die. A number of exalted members of the bench love to play god. Jillani will have to restrain them.

The apex court should also outgrow the pronounced tendency of playing to the gallery through news tickers on television channels. Judges should be speaking through their judgments rather than their favoured media outlets.

Chief Justice Jillani has pledged to clear the backlog of pending cases before the SCP by working overtime. Unfortunately his predecessor had a penchant to only deal with high profile cases bothering on the witch-hunt of the PPP government. Where he really failed was to initiate a reform process permeating to the lower judiciary to bring justice to the common man’s doorstep.

Nonetheless it must be conceded that the biggest contribution of Justice (Retd) Iftikhar was to say no to the all-powerful Gen Musharraf in February 2007 by refusing to resign under immense pressure. He was the one who unleashed currents that led to the dictator’s ultimate downfall.

In this context it will be extremely naïve to expect a docile higher judiciary post-Iftikhar. Not in style but in substance, the courts will continue to assert themselves. Hence, the government instead of shooting from the hip should tread the oft-trodden path carefully.

It’s high time a pronounced tendency to conveniently blame all ills afflicting the polity on doorsteps of the previous government is replaced by good governance on the ground. The finance minister has claimed a GDP growth of five percent in the last quarter breaking the five-year low growth record of the PPP.

But he needs a reality check to appreciate the travails of the common man. Inflation rate has almost doubled in the last six months and so have the electricity charges. Similarly the rupee is fast depreciating in relation to the dollar. And foreign exchange reserves precariously are at an all time low.

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‘It will be extremely naïve to expect a docile higher judiciary post-Iftikhar. Not in style but in substance, the courts will continue to assert themselves.’

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Some analysts are even apprehending a meltdown of the economy. Hopefully that will not happen, but the road to hell is paved with good intentions. The government should redouble its efforts to reset its priorities and roadmap.

Friendly relations with India and seeking investment from abroad seem to be the favourite hobbyhorse of prime minster Sharif. These are noble aims. But are they achievable in the present environment?

In the coming months India is going to have its general elections. Going by the results in recent elections in some provinces including the capital probably the BJP will emerge victorious. So instead of showing unholy haste why not wait till the new government is ushered in?

As for bringing in foreign investment, that only follows domestic investment. No one here or abroad is bullish on a problem-infested Pakistan to invest. So let’s set our house in order first.

The writer is Editor, Pakistan Today.