May 22, 2008	Thursday	Jamadi-ul-Awwal 16, 1429

KARACHI, May 21: Former Supreme Court judge Wajihuddin Ahmed has warned that the constitutional package being prepared by the Pakistan Peoples Party-led coalition will have disastrous consequences for the democratic character of the country, and urged the legal fraternity and civil society to take “pre-emptive steps.”

Speaking at a news conference at the Karachi Press Club on Wednesday, he discussed the various amendments being contemplated by the government.

“A constitutional package cannot be brought in the parliament unless PML-Q and MQM are on board. If that is the situation, one can only imagine what kind of package it will be. It will be to indemnify (President Pervez) Musharraf’s election for another fiver-year term in uniform under 270 AAA and provide indemnity to his unconstitutional actions, provide cover for the NRO, validate PCO judges and close the case of the missing people,” he said.

He apprehended that “horrendous results will follow if such a situation is allowed to prevail,” arguing that if the illegal amendments made by President Musharraf to get himself elected in uniform were validated, then any government servant would be able to seek election and the incumbent Chief of the Army Staff, Gen Ashfaq Kiyani, would also be eligible to seek his election before the expiry of his three-year term.

Therefore, Justice Wajih said, “we cannot wait for the constitutional package to unfold… we must act now… we must tell the people and the media should tell the coalition about the negative fallout of extending indemnity to the PCO judges and increasing the number of Supreme Court judges.”

Response to package

In reply to a question what would be the reaction of his colleagues if the government did move the constitutional package in the parliament, Justice Wajih said: “If the package is good, we will accept it. Otherwise there will be confrontation… there will be damadum mast qalandar… we don’t want that… that is why we have not yet made use of the power of the people.”

His contention was that these measures were being contemplated because it would benefit Prevez Musharraf, Asif Ali Zardari and the PCO judges. He alleged that those who were striving for such moves were not sincere. He was of the view that the PPP leadership was deviating from its pledge, made in the “Charter of Democracy” which was signed by the slain PPP chairperson, Benazir Bhutto, and the PML-N chief, Mian Nawaz Sharif, in London. The document, he said, made it clear that they would not accept the PCO judges at any cost but now the PPP leadership was talking of accommodating them. He was also critical of the moves aimed at taking away suo motu powers from the apex court.

Missing people

Justice Wajih pointed out that not a single missing person’s case had been heard since Nov 3, and alleged that these people were handed over to the United States for $5,000 each.

He was of the view that the proposed amendments regarding the National Security Council could be carried out through ordinary amendments to the Act.

Criticising the compromises being made by the military and civilian leaderships of the country, the former judge said that all that democracy would get in exchange of these compromises would be the elimination of 58-2-B and power of the prime minister to appoint the COAS. He suggested that these were not a matter of priorities at the moment.

Media’s role

Justice Wajih believed that the media was being subverted through “some selective anchors and guests” to distort facts about the issue of judges and to get it finished according to the government’s plan. “We have no means to buy such people but the others have,” he remarked. He agreed with a questioner that the ministry of information was instrumental in “buying” such elements.

He claimed that a deliberate hype was being created to establish that parliament was supreme. “Neither the parliament nor the judiciary is supreme; only the constitution is supreme. In a country which does not have a written constitution, parliament is supreme but in a country like Pakistan where we have a written constitution, the constitution is supreme,” he explained, adding that even the parliament could not change the basic character of the constitution.