Pakistani Judiciary is nowadays very fond of quoting Quran and Hadith in any Detailed Judgement particularly if the case is related with Elected Member of the Parliament specifically Pakistan Peoples Party and Asif Ali Zardari. The quotation from the same Quran and Hadith are conveniently “ignored” rather “avoided” while dealing with other cases. ….
Few leaders have emulated Julius Nyerere of Tanzania, who in 1985 relinquished all of his powers and voluntarily stepped down as president of the country. At a time when African dictators, Arab Kings and Latin American generalissimos adorned themselves in bizarre military uniforms, medieval costumes and got appointed ‘life presidents’, Nyerere, known to his people simply as Mwalimu or “teacher”, quietly passed on the torch. Other Afro-Asian leaders have done the exact opposite. Notably, Mugabe, Qaddafi and the King of Saudi Arabia it seems will only leave office when the angel of death descends.
From Canada, it seems impossible to imagine that anyone at the top would ever dare to relinquish power. Whether it is the Saudi kings or Mugabe or Qaddafi, it seems in the third world, only divine intervention brings about change.
However, a quarter century later, on Monday, April 19, an echo of Nyerere’s rare statesmanship was heard and witnessed on another continent. With a simple signature, President Asif Zardari of Pakistan signed away most of his executive powers he had inherited from military predecessors to become the country’s ceremonial head of state. For 40 years military dictators who had overthrown elected governments had ruled unconstitutionally with a complicit judiciary that had legitimised their acts of treason. Zardari’s action nullified decades of damage to give Pakistan the chance for a fresh start.
In the words of columnist Raza Rumi, Pakistan “crossed a major milestone” when all of the country’s political parties — the ruling alliance and the opposition — reached a consensus on the 18th Amendment to the country’s constitution. He wrote, “The distortions inserted by the military rule have been done away with. Political elites this time, however, have gone a step further and improved the state of provincial autonomy. Perhaps this is where a civilian negotiation and democratic politics of compromise has been most effective. Who would have thought a few years ago that this was achievable? There were many sceptics who thought that the amendments might not be approved. However, the ‘corrupt’ and ‘incompetent’ politicians have proved everyone wrong.”
Few years ago when Zardari was unanimously elected president by the country’s National Assembly, Senate and all members of the four provincial legislatures, he had promised that he would work to amend the country’s constitution so that no future president was able to dismiss an elected parliament or usurp power. At the time few people believed he would do what he was promising. After all, who in his right mind gives up power, willingly?
Zardari has proven all his critics wrong and in doing so has changed the course of Pakistan’s history. The man lampooned unfairly by the country’s powerful establishment — the media, the generals and the judges — as “Mr Ten Percent” has in fact given “One-Hundred-and-Ten Percent” back to the country. While the nation celebrates, still in disbelief that anyone at the top was willing to curtail their own powers, his critics in the armed forces and the judiciary are foaming with anger, unable to stop him from enshrining democracy as an immutable reality in Pakistan.
The country’s Punjab-dominated judges and generals, though smarting from this setback, still wield the power to undo this historic development. In fact, as he signed the document, President Zardari did not shy away from suggesting there may still be some generals lurking in the shadows who may stage a military coup with the backing of the judiciary.
After the signing ceremony Zardari took everyone by surprise when he said while the doors stood closed to dictators, “mishaps” could not be ruled out. Asked about the possibility of another dictatorship, he said, “I am fully confident that no dictator would dare step in now, but then, who can rule out mishaps?”
Ever the realist, the man who has witnessed the murder of his wife, the former Prime Minister Benazir Bhutto, the judicial assassination of his father-in-law, Prime Minister ZA Bhutto and two of his wife’s brothers, Zardari has seen death at close quarters and I am told he has warned the military as well the judiciary that any attempt to stage a military coup will have to contend with his dead body. “I will go down like Allende, not Nawaz Sharif,” he told a common friend and those who know him since his days at a military cadet college say the man keeps his word.