Fate of the lawyers’ movement
By S.M. Naseem
THE six-day-long long march ended before dawn in Islamabad on June 14 with conflicting — almost Rashomon-like — perceptions about its failure or success.
For those who participated in it, either as individuals or as members of a group, it was a statement of their resentment of what happened on and since March 9, and of their hopes of what would follow if the central demand of the lawyers-led march, the restoration of the higher judiciary, is met — sooner rather than later.
The lawyers themselves were divided as to whether the march should have ended as anti-climatically as it did. Some, presumably younger and hot-headed amongst them, would have liked it to continue both in time and distance [Aitzaz Ahsan’s evocative couplet “dekho manzil door nahin hai” (look the destination is nigh) visibly pointed towards the destination which was almost a stone’s throw away from where they had gathered, although there was no trace of the fleeing tyrant].
Some of the non-lawyer groups, especially the Jamaat-i-Islami (JI) and Tehreek-i-Insaaf (TI), as well as the PML-N, were inclined to get more political mileage from the march than the lawyers could ill-afford to do. Some even called it a ‘sell-off’; others thought its agenda had been ‘hijacked’.
For those who had little or no sympathy with the lawyers’ movement as a solution to the country’s mounting political problems, the long march was a failed exercise, if not a fiasco and an admission of defeat by the lawyers who were forced to call off the indefinite sit-in threat that some of the more firebrand leaders had given. Many, including Mr Rehman Malik, assigned by the government to camouflage its opposition to the march with a display of indulgence towards the participants, put the numbers participating in it at a few thousand, rather than a few hundred thousand to half a million, as claimed by its organisers.
Whatever may have been the exact count, it was undoubtedly the most impressive rally ever held in Islamabad, barring the annual independence and republic day parades which are notable more for their military precision and official pomp than for their spontaneous fervour. Its ambience, bonhomie and cultural and class diversity, stood in marked contrast to an evening thirteen months earlier in the same location in which the president, the prime minister and other dignitaries did the bhangra in the midst of a hired crowd brought by the Q-League supporters to celebrate the foiling of the chief justice’s visit to Karachi on May 12, 2007.
The memories of that vulgar display of power, authority and insensitivity stand erased after the long march. While the Zardari regime may be accused of hypocrisy and equivocation on the judges issue, it has at least demonstrated the difference between a democratic and a dictatorial regime in dealing with public protests.
On its own merits, the long march has achieved much that the lawyers’ movement can be justly proud about. But questions are being asked about the possible political ramifications of the lawyers’ movement if its immediate goal of restoring the judges dismissed on Nov 3, 2007 is soon achieved and if it expands its agenda to becoming a movement for social and economic reform.
When it began in March 2007, its limited aim was to protest against the high-handed action of the president and his military and political allies in dismissing the chief justice and initiating an illegal reference to the Supreme Court against him. This incensed not only the lawyers’ community, but also most of the opposition political parties and the public at large.
The political parties, which had almost despaired of the prospects of fair and free general and presidential elections scheduled in 2007, found in the lawyers’ protest an opportunity for prying open the door of democracy long padlocked for them by the military. There emerged a convergence between the interests of the political parties and the lawyers.
The lawyers’ movement, which also received strong support from the media, despite pressure on the owners by the government, was focused on convincing the public as well as the judiciary, that the chief justice had received a raw deal and needed to be restored.
In this it finally succeeded on July 20, 2007 when a 13-member Supreme Court bench reinstated him unanimously and unequivocally. There is no doubt that without the mobilisation of public opinion by the lawyers, it would not have been emboldened to take that decision.
However, the chief justice’s reinstatement was a bitter pill to swallow for the Musharraf regime, which had made preparations for getting it elected for another five-year term with the president in uniform and without Benazir and Nawaz Sharif returning home. Musharraf, piqued by the revived Supreme Court’s challenge to his authority and perceiving it as a threat to the continuation of his rule, decided to disband it and recreate it in his own image by rewriting the constitution with an executive order.
The political landscape has undergone a sea change since the epic struggle that began 15 months ago. It is not unlikely that PPP-PML-N coalition in the interests of its survival may accept the restoration demand in some convoluted form, spelling the demise of the existing lawyers’ movement.
Such a sudden death would be unfortunate both for the lawyers’ movement and society at large. The movement has now changed its goal posts well beyond its initial objective. It now aims at achieving a ‘social revolution’ and changing the mind-set of the rulers and the character of the state.
Laudable as these objectives are, it is questionable whether these can be achieved by lawyers without coalescing with other professional and political groups. (Lenin was criticised for assigning the nascent proletariat the vanguard role in transforming feudal Russia. Pakistani legal community is similarly ill-suited to perform a social catharsis). Pakistani lawyers can at best play a catalytic role in bringing about a social and political revolution.
The lawyers’ movement will have to transform itself into a Chinese-style cultural revolution or its more recent South African incarnation as a Truth Commission, if it wants to pursue those broader objectives. In such a reincarnation, the movement can play an important role as a pressure group on ruling elites and governments to achieve the establishment of a just, democratic and progressive society. For that it may have to re-invent itself as a keeper of the country’s conscience, not merely as a trade union for the legal profession.
syed.naseem@aya.yale.edu


The masses must awaken
By Ameer Bhutto
PAKISTAN is floundering in a maelstrom of crises. The future of the judiciary is likely to pivot one way or another depending on how, or if, the judges’ restoration conundrum is resolved. The growing budget deficit has compelled us to crawl before foreign powers, begging bowl in hand, compromising any shreds of national sovereignty and pride that remained.
The electricity shortage has made life unliveable for everyone in the searing summer heat and is also bound to have profound economic repercussions.
Spiralling poverty, runaway prices of oil and essential food commodities, lack of opportunity, uncertainty, corruption and a harrowing law and order situation, because of which no one is safe even in their homes, have all but destroyed the common man. The collapse of the writ of the state and virtually all state institutions has prompted some to label Pakistan a failed state.
The promise of meaningful change heralded by the verdict of the masses at the Feb18 polls has been reversed by those who crept into power by virtue of a tragic kink of events and who, even before the polls, allied themselves with the forces of the status quo through a shady deal. That the concept of change is lacking from their intent is proved by the dubious constitutional amendment package they are promoting as the panacea for our pains.
In it, they dangle the carrot of restoring the judges, but in such a handicapped form as to make their restoration meaningless, hamstringing the judiciary forever. They propose to restore genuine parliamentary democracy by curbing the president’s powers, but at the same time wish to give the president a constitutional umbrella to sanctify his actions, including the illegal Nov 3 Provisional Constitution Order (PCO), which they continue to vilify in public.
They beat their chests in public, calling for the president’s impeachment, but at the same time maintain a backdoor channel with him. This constitutional package has been deliberately designed to be unacceptable by mingling good with bad. It is an exercise aimed only at buying time.
That this government appears to show no genuine commitment to implementing real change should come as no surprise. They are products of a deal hatched under the status quo and, therefore, have a vested interest in preserving it. Though the electorate delivered an unequivocal verdict against the status quo, they could not have placed the responsibility for change on more ill-suited shoulders.
These are the ‘hollow men’, T.S. Elliot wrote of in his famous poem. But not everyone in politics is hollow. The people had a choice. However, the voters rejected all others to elevate those with a failed and stained past to power. They made a decision through the ballot box based purely on emotions rather than reason and are now paying the price for it.
They should expect no better from these leaders than the current mess. C.S. Lewis, in his book The Abolition of Man, writes: “In a sort of ghastly simplicity we remove the organ and demand the function. We make men without chests and expect of them virtue and enterprise. We laugh at honour and are shocked to find traitors in our midst. We castrate and bid the gelding be fruitful.”
This government is what it is and can do no better than that which its natural propensities permit. The people must suffer the consequences of their choice until either providence or their own initiative provides an opportunity for them to redeem themselves. But what is really shocking is that though the people now realise their mistake, they seem to be in no mood to make amends for it. As if in a trance, they continue to bear the brunt, mumbling their discontent, rather than holding their leaders accountable.
At a time when many are forced to scavenge for food on rubbish heaps for mere survival, hundreds of ministers and advisors live it up on a lavish state-subsidised ego trip and are squandering millions from the public coffers on luxurious vehicles, palatial homes and other perks and benefits. Yet the people remain silent. While the country squirms in the grips of multiple crises, our leaders jet set all over the world and make decisions regarding our future on flights to Dubai and London! But the people remain unmoved. Millions of rupees are wasted on protocol and security arrangements for those who hold no public office and relatives and friends of those in power. But the people remain mute.
Far from holding them accountable, people actually legitimise their perverse rule by flocking to these rulers to seek jobs and other favours. They are baton-charged and humiliated to keep them at bay, but still they keep coming. It is a sickening sight.
Sooner rather than later, people will have to understand that they, not the rulers, are the masters. They must realise that the succour they crave from burdens and hardships comes not from degrading themselves by begging and crawling before unworthy rulers. It comes from establishing a sound system run by clean, honest and competent leaders, so that they no longer have to de-humanise themselves to obtain that which is theirs’ by natural right.
This can only come about by taking a firm, principled stand against all that is wrong and making rational, sensible choices at the polls rather than being swept away by emotions and sycophancy.
Left to the devices of corrupt, incompetent and self-serving leaders, this ship will inevitably sink. The masses must awaken and become masters of their own destiny. No one should expect that changing the course of a nation’s destiny will be an easy affair. Of course it will involve hardship and sacrifice. As the saying goes, revolutions are not made with rose water.
This is where the problem lies: everyone wants something now and no one is prepared to bear hardship and make the requisite sacrifices. But the alternative is far more painful and ruinous. Plato wrote, “The price good men pay for indifference to public affairs is to be ruled by evil men.” We have had more than our share of evil over the last six decades. Time has come to clean house. This is a task no one but the masses can fulfil.


