| April 10, 2007 | Tuesday | Rabi-ul-Awwal 21, 1428 |
Let there be light, light, light
IF we had completed institutionalising the democratic succession process, which had been partially restored since 2002 after being interrupted by the military takeover in October 1999, could we have avoided the current political turmoil, unleashed by the demolition of mosques in Islamabad and the presidential reference against the Chief Justice Iftikhar Mohammad Chaudhry?
Is incapacitation of the chief justice just months away from presidential and general elections which are due by the end of this year part of an attempt to influence the nature and outcome of these two democratic processes?
After almost eight years of attempts to democratise the political succession process since 1999, we are effectively back to where we were in 2002, with an elected parliament and government in place but a serving army chief as the head of state who became president through a referendum.
Not only that, uncertainty still surrounds the manner and procedure in which this highest office of state will be elected or re-elected at the end of this year, despite existing procedures regarding presidential election in the Constitution which have not been followed since 1999.
The democratic succession process was partially restored in 2002 with the holding of elections and the subsequent formation of the PML-led government. Complete restoration of the democratic succession process would have been effected if Gen Musharraf, who became president through a referendum in April 2002, had in accordance with the 17th Amendment to the Constitution, retired as army chief by December 2004 or a civilian president had been elected according to the established process provided in the Constitution.
Instead, however, not only was he merely confirmed (rather than elected) as president by the national and provincial assemblies in January 2004, a loophole in the 17th Amendment later enabled parliament to pass a simple bill in October/November 2004 allowing Gen Musharraf to continue as army chief and president until the end of 2007.
Whether both the presidential election to elect a new head of state and the general elections to elect a new five-year term government will take place accordingly at the end of this year, thus enabling a smooth political succession to take place, will probably depend on which of the following scenarios will occur in the near future.
Scenario one: Gen Musharraf exits from the political scene by not seeking for re-election as president and passes on the presidential baton to a civilian successor who will be elected according to the procedure provided in the Constitution.
Scenario two: Gen Musharraf manages to strike yet another deal with the political parties a la the Legal Framework Order (LFO) and the 17th Amendment, enabling him to extend his term as president for another five years, and possibly remain as army chief as well beyond 2007.
Scenario three: the president invoking the power invested in him under the 17th Amendment, dissolves parliament and the government, which will effectively bring the nation back to October 1999.
Which scenario will eventually prevail is anybody’s guess, given the increasing sense of uncertainty in the country and the intense politicking going on in the run-up months to presidential and general elections.
It is not so much what will happen to the ‘non-functional’ chief justice per se that is important but rather whether the judiciary, that will emerge from this whole Supreme Judicial Council episode, will be one that will support any further constitutional changes or new laws providing political legitimacy to Gen Musharraf, particularly with regard to his re-election as president and the holding of dual offices of army chief and head of state.
The importance of this support from the judiciary was evident in May 2000 when judging several petitions in which the 1999 Proclamation of Emergency and the Provisional Constitution Order had been challenged, the Supreme Court held the military takeover as valid under the doctrine of necessity.
Apart from the judiciary, support from political parties is also crucial for Gen Musharraf to remain in power because they form the government and legislature that will work under him. Political support for Gen Musharraf becoming president through a referendum in April 2002 resulted in a PML-led government in the centre and Punjab, and MMA-led governments in NWFP and Balochistan.
After that it was mainly President Musharraf’s deal with the opposition MMA through the 17th Amendment which enabled him to get confirmation from parliament for his becoming president through a referendum and to keep his post as army chief until December 2004. Later on in October/November 2004, through a provision in the 17th Amendment, the parliament passed a bill allowing him to retain both posts until 2007.
After nearly eight years in power in uniform, will President Musharraf once again be able to get support from the political parties and the judiciary to extend his reign for another five- year term — in uniform?
The opportunity to complete the restoration of the democratic succession process lies in the presidential and general elections at the end of this year. Whether this opportunity will be realised will depend on the actions of all concerned: the political parties, the judiciary, and Gen Musharraf and the military.
IT’S that time of the year again. In Karachi, the season that never peters out. Scorching, sweltering heat and no electricity: it’s a lethal ‘combo’ in every sense of the word. Who gives a hoot if a toddler squirms with irritation in its mother’s lap? Who gives a damn if a writer is half-way through coming up with a fascinating story and his computer goes kaput? Who cares if there is a patient who is profusely sweating and feeling terrible asphyxia, and there is not a single ceiling fan on to cool him?
Rationale: there’s scarcity of energy in the country. We need an enormous amount of megawatts of energy to provide electricity to the teeming millions! Who’s responsible for the insufficient energy? The masses? Isn’t it necessary for the powers that be to anticipate a critical situation and take steps accordingly?
It’s been years since the country in general and Karachi in particular have been going through this dark ordeal. Yet nothing has been done. Every year, the same old way of countering the problem, namely the dreaded load-shedding procedure, is announced and the authorities concerned feel as if their job is done. No, my dears, your job is not done. It’s time you earned some ‘bad’ wishes of the people.
One wonders why those who have agitated against the reference filed against the Chief Justice of Pakistan don’t speak up, or protest against the power crisis. One wonders why those who have just issued a fatwa against a federal minister and have browbeaten music shop owners into shutting their businesses don’t seem to be bothered about load-shedding? One wonders why those who are trying to project Pakistan’s enlightened image across the globe don’t find it important to put things in order at home. One wonders why extremism and terrorism are branded as dangers to society but not the lack of basic civic amenities.
I guess we should run with the current (pun intended) and one shouldn’t be asking such questions. Compared to the energy crisis, these are issues of greater national significance! People must learn to make-do without electricity. It’s a paltry thing.
This nation does not need an (en)lightened image (again pun intended). This nation needs a moral image. This nation needs to stop listening to music. This nation needs democracy. This nation needs the heavy-handedness of a martial law. This nation needs … oh no, it’s gone again! Sorry for the disjointed piece.