No more Holy Cows (My article published in The NEWS on 14th September 2012)

At last, the Court Martial proceedings in NLC case are about to commence against three retired General officers who have been reinstated for the purpose. Though all agree that the case be brought to its logical conclusion, the development has received mixed response about the adopted course. Some critics continue to cause aspersions on the way the case is being handled, have apprehensions about the outcome and are demanding that the case be investigated by concerned civil agencies. The majority of people, however, have appreciated the step and consider it a good omen for the country’s future. To these people, it’s a new beginning – no more holy cows.

I tend to be with the latter group as the country can no more afford to nurture holy cows, may they be from any premier institution. Same is necessitated because in the last few years, military establishment’s status as a centre of gravity has diluted and the Judiciary, media and the political elite have also emerged as major power centres, are individually vying to take the centre-stage and, as such, any preferential treatment to a single one would up-set the entire equilibrium, disturbing the delicate balance. To elaborate my viewpoint, I have briefly discussed each in the succeeding paragraphs.

In Pakistan’s peculiar environment, the military establishment still remains a major entity and people place a lot of hope in this institution. It must continue to perform, deliver and hold ruthless accountability for failings, both professional and moral. Only then its leadership would be able to meet the expectations of the masses and wield influence, directly or indirectly, on those bent upon undermining the country’s institutions. Same is also imperative to counter the ongoing unprecedented propaganda unleashed against the military establishment by parties with vested interests, using a segment of anchor-persons / journalists. In nutshell, military must stand tall on moral and professional grounds. Commencement of Court Martial proceedings in NLC case would surely enhance its image, though a lot would depend on the out-come.

As we flash back the unprecedented movement for restoration of the CJ, speeches of the eminent lawyers, promises and the generated hope, one thought that all our worries would be over with the onset of ‘independent judiciary’. Unfortunately, this was not to be. In spite of the fact that the Judiciary, under the leadership of the incumbent CJ, gave some land-mark decisions, the people continue to suffer due to lack of governance, and justice. As a result, disillusionment is slowly setting in, a manifestation of which can be seen in the recent comments by Asma Jehangir, Kurd, Aitzaz Ahsen, etc, the stalwarts of independent judiciary movement. In my view, greatest damage has been done by the way Arsalan Iftikhar’s case, perceived to be a holy cow, has been handled by the judiciary and, connected with it, unchecked media campaign by PPP jialas. If judiciary is to regain its ascendency, an imperative for the country to survive, justice must be seen as done in Arsalan Iftikhar’s case.

Media, in the last few years, has emerged as a major power centre to reckon with and has many laurels to its credit. However, as compared to the other power centres which are institutionalized, the media remains rudder-less and consequently, a few anchor-persons have become holy cows who feel that they are beyond the institutions, the government and even the state. They have gained mastery over twisting facts in pursuance of self-conceived or externally motivated agendas for certain personal gains. Just to quote a few examples of a self-righteous anchor-person; he urged General Musharraf to take action on Lal Masjid in front of other colleagues and once the operation was undertaken, became its greatest critic. On memo-gate, he openly sided with Haqqani and condemned Mansoor Ijaz, for reasons known to many, but after the findings of the judicial commission, never bothered to admit that he was wrong. He is the main exponent of Army / ISI bashing campaign, commencement of which unfortunately coincided with the US-Pakistan Army stand-off in the aftermath of 2^nd May 2011 and Salala incidents. Any keen observer would note discrepancies in his arguments but he still thrives, has become the holiest of all cows, and untouchable. Probably, President Zardari, the grand master, is the only one who knows the art to tame such anchor-persons. For others who choose to pursue principled journalism, self-accountability, where required, is the best course to adopt. A strict code of conduct would surely be in order to prevent misuse of this powerful instrument.

And finally the political leadership, whose lack of commitment to ‘accountability’ can be gauged from their inability to achieve consensus on the new accountability bill. Resultantly, in spite of vibrant media and pro-active judiciary, corruption in the government machinery is rampant, destroying the national economy like a termite. With investigation agencies under their fold, the top political elite have become holy cows who cannot be touched.

To sum up, things cannot continue the way they are. If this trend is to be reversed, the majority of masses must stop considering corruption as a ‘non-issue’ and holy cows must remain no more in political elite, judiciary, military establishment and the media – all must be treated equally as per law of the land.

The untouchable

Call it a coincidence, but messing with an untouchable in Pakistan has become an omen for governments to fall. Musharraf had to abdicate the presidency for challenging his dubious progression in life from becoming a doctor, induction in the Health Department, re-designation into FIA and elevations, thereof.

The same untouchable now owns a business of Rs 900 million, amassed in less than five years. Recently, he was accused of accepting millions as bribes from a real-estate tycoon, who happens to be close to the government circles - perhaps a wrong move.

As the media started to discuss the allegations, the CJ took suo-moto action by forming a bench of three judges, including him-self. This action was taken on the plea that the accusations on the untouchable were a conspiracy and image of judiciary was at stake, despite the fact that there was no complainant, no defendant, not even FIR. Thanks to legal advice by many, the CJ delinked himself from the case. The remaining bench hurriedly passed on the bucket to the AG and ruled that on the basis of the business tycoon’s written statement in the court “reputation of judiciary stood cleared”, completely ignoring what he had said in the press conference the same day. No sooner the two member bench got rid of the case, the entire episode was again termed as a ‘conspiracy’ against the judiciary, for which someone must pay a heavy price. 

On 19 June 2012, a three bench court disqualified PM Gilani in the contempt case with effect from 26 April 2012, notwithstanding the fact that in the initial judgement on 26 April 2012, the seven member bench had not specifically mentioned about the PM’s disqualification and Speaker’s ruling on the subject, being a constitutional matter, required detailed deliberations. On the other hand, the untouchable’s case is still moving at a snail’s pace by using well known tactics common in our judicial system. The investigations have been taken back from NAB and assigned to a one-man commission – former IG Sohaib Suddle. Why just a one-man’s commission and why Suddle, is anybody’s guess.  

In a country like Pakistan with rampant corruption and diminishing rule of law, judicial activism may be necessary but it must never turn into judicial dictatorship, though a possibility. After all, CJ has a cabinet of SC judges, just like Army Chief’s Corps commanders, has lower judicial hierarchy to support him just as military chain of command, and black coats just as soldiers with only one exception that the latter cannot beat policemen, media persons and judges with impunity. In that sense, CJ in Pakistan is much more powerful than the COAS, and, as such, temptation to be the ‘boss’ and call the shots is natural, at least through indirect control over the executive composed of politicians who falter frequently and remain prone to judicial scrutiny. Such inclinations, however, must be curbed as authority without responsibility is a sure recipe for disaster.  

May be, Gilani’s ouster was justified but can the country sustain frequent sacking of the governments? We as a nation must be clear that interventions by the President or the military establishment (as was the case earlier) or by Judiciary (this time) have never served / would not serve the cause of democracy. The country has suffered a lot due to direct and indirect rule by the military and now that it has decided to stay clear, any attempts by the judiciary to fill the vacuum would be disastrous and may ultimately lead to Pakistan’s Balkanization. 

Judiciary has shown enough muscle but if it still feels that it must immortalize itself, same can be done by earnestly investigating the untouchable’s dubious progression, instead of passing on the bucket, find out details of how he amassed Rs 900 million (or so) worth of business, what do his tax returns show about the source of income, did he receive alleged financial favours from the real-estate tycoon and if found guilty, try him with the speed with which the former PM was disposed off by the three member bench – shortest way for the Judiciary to reach the highest pedestal of moral ascendency.