Rush to judgment

Published February 10, 2001

IN a country that has witnessed so many political, financial and judicial scandals over the years, we ought to have become fairly shockproof by now.

But as the recently published transcripts of the taped conversations between Justice Qayyum, ex-Law Minister Khalid Anwar and Nawaz Sharif's chief enforcer Saifur Rehman showed, there are some depths of depravity we had still not explored. The pressure applied by various powerful figures in Nawaz Sharif's government on the judge in the corruption case against Benazir Bhutto and her spouse is scarcely believable.

In most countries, resignations would have been tendered, warrants of arrest issued and suo motu notice taken by the Supreme Court. Here, hardened as we are to the sight of the higher judiciary constantly bending to the will of the executive, all we are likely to see are a few editorials and articles plus a couple of weak denials by the actors in this new drama, and we will then sit back and wait for the next episode.

In his evasive defence, Khalid Anwer, once respected as an upright constitutional lawyer, said: "...I am alleged merely to have asked that the case be decided expeditiously in accordance with the provisions of the law." In the transcript, however, there is more than a hint of steel in the ex-law minister's words: "...But the gentleman [Nawaz Sharif] is very unhappy, because of the situation.

There was discussion regarding this issue and I was wondering that a problem might arise. Now I am thinking if you could reach the final result within the outside limit of two weeks..."

In his letter to the president (said not to be received in the Presidency, but reproduced in The Sunday Times), Abdul Malik, the deputy director of the Intelligence Bureau, who had been given the task of bugging the High Court judge, has quoted from his tapes, and alleged that Justice Qayyum had discussed the sentence to be passed and confirmed that the judgment had been written before the defence had even concluded its arguments.

Most Pakistanis would be ready to believe that this is not the first instance of blatant interference by the executive to obtain favourable judgments. However, reading the alleged words of those then in power reminds us yet again how precious a thing judicial independence is, and how its absence has shaped our tortured political history.

Predictably, there have been proforma denials of varying degrees of conviction from Justice Qayyum and Khalid Anwar. Both claim to have no memory of any such conversations.

However, the genuineness of the tapes can be easily established: everybody's voice has a specific and unique audio signature, and it would be a simple matter to compare the voice prints of the principal actors with the tapes made by the IB. Although tapes on their own are not normally accepted as evidence in our judicial system, the Supreme Court could order such a comparison given the magnitude of the can of worms opened under its nose.

Khalid Anwar has sought to cast doubt on the IB deputy director's motives by saying that if he had the tapes for two years, why has he chosen to release the tapes to the media now, merely three weeks before the Supreme Court is due to take up Benazir Bhutto's appeal against Justice Qayyum's judgment? She and Asif Zardari had been awarded seven-year jail terms each plus a huge monetary fine, including confiscation of their property in Pakistan. In his letter to the president, Abdul Malik has claimed that his conscience was shaken by the events he has described.

Unfortunately, we have become too cynical to accept a "crisis of conscience" as a reason to stick one's neck out over anything. And the timing of this bombshell is too close to the hearing of the appeal to be entirely coincidental. In the murky world of Pakistani politics, we have to stir the muck below the surface in an attempt to get at the truth.

Apparently, Malik and his family are currently abroad to escape official or political reprisals. Now flying off and living abroad takes a fair amount of money, and a deputy director in the IB is by no means well off.

One possibility is that the PPP discovered the existence of these tapes, and persuaded Malik to transcribe them and leak them to the press. In this scenario, he would have been promised a comfortable exile until the party returned to power and rewarded him suitably.

However, knowing the PPP's unerring instinct to trip over its own feet, one feels the whole thing is too complex and subtle for the party's capability; indeed, it has all the hallmarks of an intelligence operation.

Just supposing that with Nawaz Sharif out of the way and elections due next year, it had been decided at the highest level to do a deal with Benazir Bhutto to enable her to return to power. The first step needed would be to rehabilitate the ex-PM, and lift the ban restraining her from holding public office for ten years imposed by Justice Qayyum.

This could be done by giving Benazir Bhutto's appeal before the Supreme Court greater substance. If the tapes are found to be genuine - and the Sunday Times would have been unlikely to print the transcripts if they had any doubts on this score - then a verdict of mistrial could well be the outcome.

Whatever the truth, Benazir Bhutto's claim to be a victim of a vindictive Nawaz Sharif and a pliant judiciary has been vindicated. Most of her supporters are hardly likely to make the distinction between the accuracy of evidence provided before the court and the judge's rush to pass a verdict under pressure. In the case in question, a wealth of documentary evidence, duly certified by a Swiss judge, was produced by the prosecution to link Benazir Bhutto and her spouse to kickbacks paid by the Swiss inspection company Cotecna.

Had Nawaz Sharif not been in such a hurry to get a conviction, chances are that the judge would have reached the same verdict. As it is, the sudden appearance of the tapes has cast a doubt on the entire trial. Basically, Sharif's impatience with procedures and due process has proved to be a boon to his rival.

This can only be good news for Benazir Bhutto and her party. Suddenly, she has been rehabilitated in her supporters' eyes. Even non-partisan Pakistanis are beginning to doubt the validity of the charges against her. The biggest loser is the judiciary as public confidence in this crucial institution - never very high - has now hit rock-bottom. All eyes will now be fixed on the Supreme Court when it begins to consider Ms Bhutto's appeal later this month.