Tag Archives: unseat

Efforts to unseat elected govt through courts is ‘Contempt for Voters’ – Guardian Editorial

Pakistan politics: contempt for voters

Legality of supreme court’s move to unseat democratically elected government before its term is highly debatable

The national reconciliation ordinance was a dirty deal, brokered by the Bush administration, between Pakistan’s then military ruler Pervez Musharraf and Benazir Bhutto. It allowed her to return from exile and take part in elections in exchange for the dropping of corruption charges against her husband Asif Ali Zardari and other officials. The constitutional court was right to declare it unconstitutional two years later in 2009 and, it could be argued, equally right to demand the current government’s full implementation of the court’s decision.

The court is trying to do this by requiring the serving prime minister, Yousaf Raza Gilani, to write to the Swiss authorities asking them to reopen a corruption inquiry against Mr Zardari. This the prime minister refuses to do on the grounds that Mr Zardari, who is now president, enjoys executive immunity from prosecution both inside and outside the country. The immunity the president enjoys while in office has not been the issue in the court, only Mr Gilani’s failure to comply with an unimplementable order. Yesterday he was charged with contempt, a move which could lead to his dismissal from office. If the legality of the court’s move is debatable, the politics of it are extremely murky.

First the timing. Having sat on this issue for three years, the supreme court are only now moving against Mr Gilani, who has become Pakistan’s longest serving prime minister. He was also the only one to be have been voted unanimously in power by parliament. Why now? With elections coming up in March 2013 which the leading party in the coalition, the Pakistan People’s Party, could very well win, this is an attempt to stop the civilian government from consolidating its power. In past eras this would have been done by tanks and generals. Today, it is been done by using supreme court justices as proxies. That may be called progress, but the manoeuvre to unseat a democratically elected government before its term is up remains the same.

Further, no domestic proceedings are being brought against President Zardari. They want a foreign government to do their work for them. Nor is any politician in Pakistan in a rush to challenge the rule of the executive immunity from prosecution for the simple reason that in power they would be sure to benefit from it as well. Once Mr Zardari loses office, fairly and at an election, he will lose that immunity and it is entirely right that he should have to account for allegations that he received kickbacks in a court of law. But that is not the purpose of yesterday’s contempt hearing. It is to sow political chaos and Mr Gilani is right to resist it. If he is convicted and forced from office, he will become a martyr in his party’s eyes. This will only propel his career forward.

Courtesy: Guardian.co.uk

http://www.guardian.co.uk/commentisfree/2012/feb/13/pakistan-politics-contempt-voters?newsfeed=true

via » WICHAAR.COM

The unholy troika

By D. Asghar

Looking back at 2007, people were under the so-called impression, that there was a genuine momentum, seeking the supremacy of the law in Pakistan. Granted that it is a novel concept, a nation that fails to respect, its basic law, called its Constitution, it was a far cry. Some think, that it was more of a “Go Musharraf Go” campaign in reality. It was cleverly dubbed as “struggle for the freedom of judiciary”, for a rather obvious reason. The strategy was to really unseat the dictator, who very cunningly usurped powers from an elected Prime Minister and promptly dispatched him to a ten-year-long exile to the Holy Lands. One has to sit in amazement and wonder, how could a citizen of Pakistan, otherwise convicted for a supposedly heinous crime of “hijacking a plane”, be awarded a speedy pardon and placed on an equally speeding jet, bound to the brotherly kingdom.

The honorable judiciary did not take any “suo moto” notice of such a fundamental violation of justice. Nor did they take any notice, when many Khaki men of honor, trampled over the ‘Constitution of Pakistan’. Again, what a travesty that our Supreme judiciary not only did not live up to the oath of their office at such instances, but aided and abetted in an otherwise illegal act.

The common theme invoked to white wash this otherwise act of treason by the generals was always the ‘Doctrine of Necessity’. What a necessity and what a strange solution! At all such occasions, the Khakis were truly at fault. Whatever justification was provided, it was.

Many able commentators have opined on this unique situation and rightly termed it as a deliberate build up of the ‘Security State’. The ‘Security State’ is provided ideological façade through the Muslim League.

Each time Khakis take over, they reinvent the Muslim League. Add a suffix [Quaid, Conventional, Council, Pagara, Junejo, Nawaz, Chatta, and so on…], and then place their surrogates at the helm of the re-invented Muslim League. General Zia-ul-Haq brought a Lahori businessman named Nawaz Sharif to the fore. Needless to say, he came up with a version of Muslim League, denoted by his initial N, as well.

The N League has had made its two stints in the government. One was dismissed by a ‘presidential coup’ engineered by the Khakis while the other directly conducted by General Pervez Musharraf.

By the way, the N League also has the distinct honor of sending its goons to vandalize the apex court of this nation. All because Mr. Sharif was miffed with the judiciary at one point, while he was in this glorious assumption, that he was the “Ameer ul Momineen.”

Amazingly, the same Military that created him at one point, sent Mr. Sharif packing too. All because Mr. Sharif was getting two big for his shoes. He decided to replace General Musharraf. A guy who perhaps was responsible for the “misadventure” in Kargil. Mr. Sharif opted for a fellow Kashmiri, General Butt. Ordinarily, it was within Mr. Sharif’s constitutional authority to do so, but he just totally forgot one golden rule. Never bite the hand that once fed you. Hence Mr. Sharif was deposed and incarcerated for acting too smart for his notoriety.

Come to think of it, the N League is the mother of all parties to the right. The rest of the religious and fundamental parties, are just there for the noise value. In reality, none of the others matter much, nor they have the ability to form any government. But clearly present to sing the chorus, as needed.

One was under the impression that Nawaz Sharif would have learnt his lessons by now. But politics is indeed a strange game. Nawaz Sharif who supposedly credits himself, for the restoration of deposed judiciary, seems to be back in action, playing for his former king makers. Fact is that, Mr. Sharif has realized, that he has to sing the Khaki tune to be back in Islamabad.

Read more » View Point