By Haris Gazdar writing for the DAWN today
THE Supreme Court’s ruling on July 31 striking down some of the actions taken by former President Musharraf as unconstitutional has been hailed as historic.
This is hyperbole. What is more important is how the judges and their supporters plan to use the power they are acquiring with respect to the key challenges facing the state and society.
The constitutional petitions before the Supreme Court related to the legality of judicial appointments during the 16-month period when Mr Iftikhar Chaudhry had been removed from his position as chief justice. The court ruled these judicial appointments to be illegal. The jobs of 110 judges of the higher courts were put on the line. In effect, a few judges of the Supreme Court gave themselves veto power over the composition of the higher judiciary as a whole. Those declared as ‘non-judges’ included not only the so-called PCO judges but also all those judges appointed to the higher courts between Nov 3, 2007 and March 22, 2009. Continue reading
This was published in DAWN yesterday
By Raza Rumi
THAT you are principled, charismatic and right is beyond doubt. You have inspired the cynical, intelligentsia, revived a moribund civil society and awakened Pakistan’s traditionally de-politicised middle class.
This is something that history shall record gloriously – reminiscent of the way you re-invoked the essential attributes of ‘Indus man’ in your treatise on the pre-historic identity of Pakistan.
Today, all efforts to generate ‘positive’ results from Election 2008 have foundered; and there is a new parliament ready to be sworn in. The new National Assembly, reflecting the fractured polity, has one common thread – nearly two thirds of its members constitute or sympathise with what was known as the opposition before February 2008. This is a moment of reckoning and most concrete outcome of a decade long struggle initiated by your friend Mr Nawaz Sharif, your leader the late Mohtarma Benazir Bhutto and your supporters in the middle class and urban democrats. The movement that followed the suspension of the Chief Justice in March 2007 was a culmination of public discontent that started way before. That you provided a shape and led it, is, your stellar contribution.
This is a historic moment that cannot be squandered or lost to the politics of personalities and individuals. Most Pakistanis are in awe of the dismissed Chief Justice for his strength of character, they have tremendous respect for the members of the bench who refused to succumb to the executive diktat following the imposition of emergency in November 2007. And above all, they are also tired of General Musharraf whose good intentions have only led to the proverbial hell of energy and food crises, rampant inflation and roaming suicide bombers. But this struggle just cannot be about getting rid of the president and reinstating the Chief Justice. That would be a belittling corollary of this fabulous episode in our recent history.
The representatives of the PPP, PML-N, ANP and bulk of like-minded independents are touching the magic number of two thirds in the new Assembly. If they are asked to settle a score with an individual and honour another few, history will not record it in kind terms.
Your call for a march towards Islamabad and the restoration of judges before Mar 9 is bound to polarise the fragile parliament, the political parties that have been beaten, poached, hounded with leaders assassinated or disqualified. It is a delicate juncture of our history and any division in the moderate political class or resort to historical bickering and blame-games will rock the system only to benefit the martial corridors of Islamabad’s Byzantine palaces and their traditional occupants.
This is why many citizens are worried and skeptical that nothing changes in the murky waters of Pakistani politics. Continue reading