Two contrasting requiems
By S. M. Naseem
THE tragic demise of Benazir Bhutto coincides with the dying days of the praetorian military rule headed by Gen Musharraf whose days seem numbered by every reckoning. The defining characteristic of that era was the deliberate attempt of the regime to establish the supremacy of the military over civilian institutions.
The pervasiveness with which this project was implemented was unprecedented. Both the Ayub and Zia regimes, which lasted much longer than Musharraf’s, were far less prone to establishing such overarching hegemony.
The civil-military face-off reached a climax with the dismissal of the Chief Justice in March 2007 on the basis of an untenable reference against him by the president, which sparked a lawyers-led struggle by civil society against the military regime and opened the possibility of democratic change. Despite the turn in the tide of domestic and international public opinion against him, General Musharraf succeeded in getting himself sworn in as president for a new five-year term. A series of Machiavellian moves beginning with the imposition of the emergency on November 3 by the COAS and ending in its lifting on December 15 by the president after his retirement from the army, with General Musharraf playing his favourite double role of Dr Jekyll and Mr Hyde, helped him achieve this bizarre feat.
However, even before Benazir’s tragic death, which has all but sealed the fate of the Musharraf regime, two events — both tragic and unfortunate— served as the silver lining in the dark clouds that have pervaded since the regime came to power. The first event was the October 2005 earthquake which brought forth a groundswell of sympathy and material support from the people of Pakistan, and resulted in a relief and rescue effort in which the entire nation participated on a scale and with a commitment unparalleled in the country’s history.
For a few months towards the end of 2005, Pakistan stood united and focused as never before, creating opportunities capable of transforming the country from a security-oriented state on the verge of being declared a failed state into a welfare state. But the military never yielded the commanding heights and turned the earthquake-affected areas into a large camp of refugees living on handouts.
The second event that captured the imagination, hearts and minds of a significant and important section of Pakistani society, and raised hopes for its intellectual and moral emancipation, was Chief Justice Iftikhar Chaudhry’s firm stance against his illegitimate suspension by General Musharraf in March 2007. Instead of meekly giving in to the president’s demand that he resign from his post or face a lengthy process of litigation and humiliation on trumped-up charges, the Chief Justice decided to challenge the legality of the reference against him and his suspension from office, which was itself unlawful. He refused to yield to the intimidation of the intelligence chiefs who were on hand when General Musharraf called him into his military camp office in Rawalpindi.
The general, who had become accustomed to trampling the Constitution at will to suit his needs, seemed to have no idea of the disaster he was going to bring upon himself and the nation by this wanton act motivated by his desire to stay in power. If left unchallenged, it would have permanently damaged a basic edifice of the Constitution, viz. the independence of the judiciary. Pakistan’s superior judiciary, in its 60-year history epitomised by the ‘doctrine of necessity’, had seldom shown such courage before.
Justice Chaudhry’s firm stance, despite the outrageous treatment meted out to him and his family during his trial, inspired the legal fraternity and civil society to rally behind him in almost daily and countrywide demonstrations with the chanting of ‘Go Musharraf, Go’ and other anti-government slogans. This gave the nine-member Supreme Court bench hearing Justice Chaudhry’s petition enough courage to quash the illegal reference and reinstate the Chief Justice. But for the determined efforts of the lawyers, led by Aitzaz Ahsan, both inside and outside the court, it would not have been possible to achieve this near miracle.
Since November 3, with the imposition of the emergency, the country was in a state of suspended animation, notwithstanding the formal lifting of the emergency on December 15. With the independent electronic media banished or put under tight control, the non-PCO judiciary deposed, the political parties half-heartedly participating in elections, Musharraf could hardly have wished for more. He and his minions had felt comfortable enough to rig the elections and install a parliament whose composition would ensure their continued hegemony for the next five years. It would, in due course, have received the imprimatur of his patrons abroad, ensuring the continued flow of the foreign aid which has been the regime’s lifeline.
However, the forces unleashed by the lawyers’ successful struggle to have the Chief Justice reinstated began gathering momentum and thwarted the possibility of this bleak scenario becoming a reality. The lawyers were joined by a broad section of civil society, including the media, educationists, students, civil rights and development and women’s activists, as well as common citizens. Although the numbers of the latter were small, they were bound to grow by leaps and bounds once people become convinced of the correctness of the cause of uprightness, fairness and defiance of unlawful authority which Chief Justice Iftikhar Chaudhry and his colleagues have come to symbolise.
A few years ago, a poor peasant woman from southern Punjab, Mukhtaran Mai, had shown similar courage to defy her feudal lords who had made her a victim of gang rape, inspiring the nation by raising her voice against tyranny.These values, to which Benazir’s killing has added reduced fear of death and personal harm, had till now faced the danger of becoming extinct, while hypocrisy, cowardice and lack of integrity were fast becoming the operational norms of society. The March 9 dismissal of the Chief Justice proved a blessing in disguise for the besieged nation. Similarly the December 27 killing of Benazir, which has completely changed the political landscape, may well pave the way for roads not taken and the realisation of dreams which had been turned into nightmares.
The civilian-military confrontation has now reached a new peak with the controversy over Benazir’s assassination and the likelihood of Musharraf’s political supporters being swept out in the coming elections. This has put the regime doubly on the defensive. The general and his legal team have already used up every weapon in their arsenal to contain the public wrath against their diversionary tactics and every red herring to justify their illegal acts. Should the election results fail to follow the intended script, the regime would certainly not be averse to undertaking some more desperate unconstitutional acts to keep itself in the saddle.
But its game is up and the dismissal of the Chief Justice and Benazir’s assassination provide the final acts of the macabre drama staged during the Musharraf era. Its requiem will go largely unsung while the whole nation mourns the death of Benazir Bhutto.
syed.naseem@aya.yale.edu

