A plea for sanity
By Murtaza Razvi
DOES anyone in the legal community realise that its movement for the restoration of judges cannot endure, let aside succeed, in the vacuum that it has created around it from day one? After shunning all political parties, the lawyers’ last hope is now the PML-N trumpeting their cause and putting up a show of strength as seen in Faisalabad the other day. What happens outside Punjab is anyone’s guess.
An ill-advised effort was made from March 9, 2007, onwards, when the chief justice was made non-functional by President Musharraf, to spurn the public’s association with the movement. Even if concerned citizens turned up to join the lawyers’ protest, they were told to march separately and not alongside the black coats. Political workers, too, were told likewise. Why? Nobody knows. None has questioned the tactic. The grand movement goes on, directionless, with a tunnel vision expecting to see light at the far end; how far, and whether there is light at the end of the tunnel, nobody has bothered to ask.
The wisdom behind keeping the struggle a puritan effort aimed at restoring the rule of law has been found lacking in its practical application. Bookish ideas do not always lead to a meaningful outcome that can involve the people and win the day. The apartheid of sorts that the lawyers practised by keeping political workers out and insisting all along that their struggle remained apolitical is appalling.
The legal community’s decision to boycott the February elections was no less so. The lawyers may have been in the vanguard for seeking justice but it has been an abstract movement for justice per se, as opposed to justice for the people whose lives it must touch to stay relevant as an agent of change for the better.
Bar associations and court premises have served as the legal community’s platform for furthering their cause. The vision to involve the people has remained elusive, even though the people at large were ready to support the cause, the same people who ignored the call for the boycott and went out to vote on Feb 18. The will of the people is now manifest in the elected parliament, with the PML-N being the odd one out, among coalition partners, that wholeheartedly backs the legal community’s stand on the restoration of the judges.
It need not have come to this had the lawyers not shunned the people, mounted as they were on their high horses.
With the PML-N espousing the cause and its promise to extend it government patronage in Punjab, there is little of the pristine (?), apolitical character left to the movement. Not that there is anything wrong with that. Why was politics regarded as a bad word in the first place, and why should lawyers not participate in political activities, demand political and social change? Gandhi and Jinnah were both: lawyers and politicians. Neither saw a paradox in mixing the two.
If the lawyers’ argument is that politicians in this country are a discredited creed, they need to think again. On the opposite side of the spectrum will be heard voices saying that the legal community, too, has failed to deliver justice all these years. But the people of this country are very generous.
The difference is that when the same discredited politicians go to them for a higher goal, say, democracy, they oblige; even as the lawyers shun them as a plebeian lot, they still turn out to walk behind them, keeping a distance so as not to appear to be rubbing shoulders with their condescending countrymen in black coats. Why this contempt for the public? And now for the elected parliament with which the legal community, given its lack of vision, may be about to lock horns?
Again, the latter need not happen. But whose is that one voice of sanity within the legal community that will say what needs to be said? The time is now to get talking to the ruling politicians and parties. The PPP’s offer to talk matters out with the legal community should be welcome. It is the only window of opportunity still open for the lawyers to seek a settlement of the compounded issue which, having been left to their own devices, they have made a sheer spectacle of.
If Barrister Aitzaz Ahsan is willing to forgive and forget the gory drama of May 12 in Karachi, and which many blame on the MQM, why is he in a mad rush to issue an ultimatum to his own People’s Party: that the lawyers will accept nothing short of a complete reversal of the Nov 3 PCO, including the annulment of the appointment of the judges who took oath under that order? Is the lure of the street, one that is going nowhere, more appealing to the lawyers than getting the matter resolved and moving on?
There may be a cunning side to Mr Zardari and a contrasting simplistic one to Mr Sharif, but who would one rather talk to and try to win over? That is the big challenge. Is the legal community up to it?
It is too early in the day for street agitation after the induction of a democratically elected government. It will attract only so many PML-N workers in Punjab alone, and just the black coats elsewhere, because no other political party that has received the mandate to rule endorses the insulated way in which the lawyers have conducted their movement.
True, any broad scale upheaval in Punjab will be very hard to ignore, as the former judge, Justice Tariq Mahmood, so eloquently says. But where will it all lead? Little order could be expected to come out of any further chaos as the country struggles to make sense of the existing disorder. It will hardly serve the purpose of reinstating the judges, for one. Saving the day now and entering into a dialogue with the PPP is more likely to do just that.
Failing this, President Musharraf, the proclaimed bad guy, may not have the last laugh, but someone surely will. It certainly won’t be the lawyers.


