CONGRATULATIONS, President Asif Ali Zardari, for becoming the 12th president of Pakistan and perhaps the first one through a democratically contested election.

A lot of people are surprised at his swift ascendancy and some are critical, but you can`t fault him on achieving this position, because he has done it through the due process of democracy, which everyone has been clamouring for, since the last nine years.

This is the stage where he needs everyone`s support and Nawaz Sharif has very gracefully offered his besides categorically stating that he wants President Zardari`s government to complete its tenure. All the more creditable, since he is obviously piqued at the broken promises, which have also made him look a little simple and naïve — naivety being a no-no for a politician, which is all about being shrewd and cunning.

But there is an ache in the heart, a vague depression in this moment of joy, at the way the lawyers` movement has been dealt a fatal blow; the very movement that weakened Gen Musharraf and paved the path for both the PPP and PML-N to make a comeback and confront Musharraf. As matters stood before March 9, 2007, Musharraf governing for another five years, through another sham election, appeared no problem.

Why should one raise this issue when the previous chief justice and the few principled judges, who have not taken oath, will fade away in a few months because we as a nation are allergic to the display of sustainable emotions for principled people? We find them odd and naïve.

The issue needs raising not for the sake of the judges but because if we let this movement slip away, we will lose a great opportunity to set up a sustainable democratic system in the country. If the judiciary, which for the first time in Pakistan`s history, dared to confront a general in absolute power, is not restored, President Zardari will himself miss them when a general, two to three years down the road, decides to find faults (and there will be plenty to find) in the government and appears on TV for his `Meray humwatano`, speech. There will be no one to provide leadership to resist the general, like the judiciary provided this time.

If President Zardari cannot resist the temptation of a pliant judiciary, then he better retain enough popularity at the end of three years, to bring two hundred thousand people out on the roads for at least a month to resist the extrajudicial powers that would have gotten enough rest by then. That many people on the roads for that long is something no political party has been able to achieve so far.

In the face of such an obvious advantage, what could be the reason for President Zardari`s determination to block the restoration of the judges, even at the pain of losing the support of his coalition partners? Fear of the NRO being reopened? But that does not make sense since a president in this country is given immunity by the constitution.

Perhaps Zardari is afraid that Nawaz Sharif will steel the thunder, because he made the judges issue a cornerstone of his political campaign. It would have been better to let Nawaz Sharif have his moment of glory now, when elections are not due. He will now be able to doubly encash the respect people will have for him, for not compromising on principles after a few years when the next elections are held.

Perhaps Zardari feels that the previous chief justice would be biased against him and in favour of his opponents. Since most lawyers have supported Iftikhar Chaudhry, not because he is related to them, or they personally like him, but because of a principle, it is unlikely they would spare him if he at any stage became vindictive and biased.

Perhaps Zardari cannot forget the treatment he got from the judiciary in his bad days. But he can be sure of getting the same treatment, if God forbid, there is a next time for him, from the kind of judiciary that is being organised now. The only insurance to get a fair deal when one is on the other side of the desk, is to have judges, who will have the courage to say no to the ruler.

Contrary to the possible perception that the previous judiciary would be harmful to the interest of Zardari, they could actually be a source of strength for him. With a bit of judicial activism, the judiciary (as it was doing) would keep the government functionaries on their toes, which would improve governance — a feather in the cap of the government.

If the missing persons issue were raised, it would be good for the image of Pakistan and also bring a certain organisation under the control of President Zardari, one that he unsuccessfully tried to make subservient some time ago. In any case, judges, even the principled ones, would not be unrealistic if a certain action was actually in the country`s interest, and they were taken into confidence.

An effective and strong judiciary can even be useful against extremism. If they are respected, their adverse orders, which the administration is averse to issuing, will have to be obeyed by the extremists or they will lose public support without which no movement can succeed.

One feels for the judges who have chosen to sacrifice their careers and livelihood for the sake of their principles and in the larger interest of the country. This time we need to make a conscious effort to make heroes of them, so that their successors can look forward to getting something in return for their sacrifice.

If the war heroes we eulogise and pray for every Sept 6 saved this country with their blood, every March 9 we should eulogise and print photos of those judicial casualties who preferred to sacrifice their careers for the sake of democracy, rather than compromise on their principles.

All sensible people want President Zardari to succeed for his sake and the sake of Pakistan. We are at a stage where in the words of an erstwhile popular TV host there is no room for any mistakes. A bit of sagacity and bit of magnanimity on the judicial issue, rather than tactics and strategy, will not only remove that vague depression a lot of us are going through, but will also bring back the coalition partners of the ruling party into the fold of the government.

That way they will be partners of the government in the tough task of pulling the country out of the morass it is in, rather than snigger from the sidelines. Let the government sacrifice its short-term interest for its own long-term interest and for that of the country.

tasneem.m.noorani@gmail.com