Dear Readers,
A concerted anti-Musharraf
campaign intensified because of the mishandling of
the CJ issue. To add a different fuel to the fire,
the Lal Masjid affair seems to be leading to a violent
climax. As it is Musharraf has been under fire by
the US and its coalition allies in Afghanistan for
not “doing enough” against the Talibaan
within Pakistan. In fact analysts had already started
to look beyond Musharraf, satisfying themselves that
a post-Musharraf team could perhaps be more compliant
to their needs. With tantalizing hints of a possible
deal between Musharraf and Benazir, denied by both
parties, the PPP’s leaders blew hot and cold
simultaneously. Whatever may be the truth, with the
range of internal and external crisis facing, the
country’s interest will be best served by a
national govt formed on a power-sharing basis. The
President should look after the Defence Ministry,
NAB and ISI, a coalition government (of all the major
political parties) should look after day-to-day governance
of the country. A whole lot of compromises will have
to be made before any deal can be struck, hopefully
everyone will give some concessions in the greater
national interest. For the benefit of readers I am
re-publishing my article, “A NATION IN CRISIS”.
Naeem Bokhari’s open letter to the Chief Justice
of the Supreme Court of Pakistan was appalling for
several reasons. Firstly, it tarnished the image of
a man for whom one has great respect, Justice Iftikhar
Chaudhry, and secondly it came from the pen of another
man for whom one has great respect. If the facts stated
therein are true the letter needed to be written,
it should not have been made public. “Excesses”
as per Naeem’s letter are commonplace in Pakistan,
bringing it to the public domain demeans an Office
one should always hold sacred, as much as anything
can be held sacred in Pakistan. Triggering an unfortunate
sequence of events, which for a time spun out of control,
the letter had a backlash of sorts. It enhanced the
stature of the man which the letter sought to demean,
and tarnished the image of the letter writer, bringing
him down many rungs from the pedestal he rightly should
be. Naeem Bokhari has class, he is no ordinary known
being, the letter going public has made him look like
us ordinary mortals.
When senior judges of the Higher Courts are sitting
in judgment on their brother colleague, only should
not comment, both justice and common sense will certainly
prevail. Justice Iftikhar Chaudhry’s period
as Chief Justice was exciting because of his activist
role in pursuing cases of public consequence in a
fair and positive manner. Most impressive in raising
the stature of the Bench, the Honourable CJ’s
integrity and character have never been questioned.
The people of Pakistan badly need justice to be exercised,
the only way was a forced “trickle-down”
effect from the Supreme Court to the Provincial High
Courts and downwards. Chief Justice Iftikhar Chaudhry
was making it happen by example, that is a solid public
perception.
The CJ’s removal was very badly handled, somehow
it seems to be an off-the-cuff knee-jerk reaction
to his refusing to roll over and play dead! Elements
in the government were raring to have a go at him,
their motives coinciding with the apprehensions (or
misapprehensions) of the President about his doffing
of the uniform. Stoked with a vengeance, it resulted
in a no-win situation. The President Advisors game-planned
that when the CJ was confronted with his “misdoings”
he would tamely resign, his stubbornness scrambled
the script. The President’s would have been
better served if the subsequent Reference had been
reviewed by saner legal counsels of the government.
Thereafter what happened can simply be described as
abhorrent and shocking, acknowledged by everyone except
the likes of the Federal Minister for Information,
Durrani and credibility do not go together. To retain
a shred of credibility, the government should put
their miserable “mouthpiece” out of his
misery. Durrani’s patent and blatant falsehoods
on primetime TV only added fuel to the fire, compounding
the administration’s gaffes till better sense
prevailed and the CJ was sent “on forced leave”
pending adjudication by the SJC. The CJ’s humiliation
notwithstanding, the country’s humiliation could
have been avoided by a less “gung-ho”
attitude.
This was an incident wanting to happen, the result
of an attitude of being above the rule of law inculcated
over the years. One of the most decorated brigadiers
of this army, Brig (Retd) Mohammad Taj, SJ & Bar,
was beaten up (for whatever reason) and the minions
who did that walked off with what amounted to mere
slaps on the wrist. The President did apologize to
Brig Taj on telephone, but what about those up the
line who ordered the outrage? In the absence of accountability
thereof, a bigger outrage was waiting to happen. In
the CJ’s case, some tried to be more loyal than
the king” a la Henry II and Becket, “who
will rid me of this meddlesome priest?” Pervez
Musharraf has unnecessarily been put under pressure
domestically when he least needed it. The western
perception is that his heart (and that of his Army)
are not fully behind anti-Qaeda/anti-Talibaan operations
in Pakistan, particularly South Waziristan. Now everyone
and his uncle is predicting Musharraf’s imminent
downfall on the CJ issue. To add grist to the mill,
the NAB Cell pursuing the corruption cases against
Benazir Bhutto and Asif Zardari has been wound up,
news of a likely “deal” swept through
Pakistan, hotly denied by the President’s Spokesman,
and (not so hotly) by the PPP.
With the “Lal Masjidees” further queering
the pitch by proclaiming their own version of “Kingdom
of Heaven” in Islamabad and spouting edicts
thereof, religious and/or otherwise, the political
and geo-political rumour mills started to churn out
various permutations and combinations. Prime Minister
Shaukat Aziz emerging as the most likely scapegoat.
I have always believed since the early 90s that either
of the two Citibank Shaukats, Aziz or Tareen, were
suitable PM-material, however no real friend would
wish someone such a thankless job as that of the Prime
Minister of Pakistan, the trappings of office notwithstanding.
Ours is a genuinely ungrateful lot that forgets you
within days (if not hours) of your leaving office,
ask my good friend Zafarullah Jamali about all those
who came to see him off at the Rawalpindi Railway
Station on the day he left office? Shaukat Aziz has
done extremely well for Pakistan and one is proud
of him, never more so than at the World Economic Forum
(WEF) Davos recently, only Benazir Bhutto and Pervez
Musharraf have stood out in this august forum as Pakistani
leaders of any consequence, evoking genuine respect
from a crowd of high potential executives, hand-bitten
and mostly of the cynical-kind.
Chief Justice Iftikhar Chaudhry (and his family) did
not deserve their ordeal, it was unfair and unnecessary
and it demeaned us as a nation. Unfortunately despite
the heat of the moment, the CJ addressed the Rawalpindi
Bar Council, while it is very much his right to do
so and he did scrupulously avoid mention of his personal
predicament, the fact is that in the very charged
political environment prevailing, a very politically
charged crowd of lawyers took him in a procession
to the location. The theme of the meeting was anti-government
, by his presence the CJ took sides. Unfortunately
his person has thus become political, and made the
CJ’s locus standi controversial. The CJ will
probably win the battle to clear his name, he could
end up losing the war. He can resume his office as
the CJ, but as a man of conscience, can be continue
so without tarring permanently as political the office
of the Chief Justice of the Supreme Court? As for
Musharraf, paraphrasing Mark Twain’s reaction
when he was told about news of his death being circulated,
“the rumours of Musharraf’s departure
are greatly exaggerated”. This man is at his
best when he is in a corner, this soldier may have
been politically wounded but it is when he is seemingly
down when he can be quite lethal.
Musharraf is not going anywhere, at least not yet!
Neither is Shaukat Aziz.
M. Ikram Sehgal