SOMETHING HONOURABLE
JUDGES CAN DO FOR PAKISTAN
Many columnists in
different newspapers have openly or obliquely supported the
implementation of presidential system of government in Pakistan.
Former HEC Chairman, Dr. Atta ur-Rehman has repeatedly written in
support of presidential system in his columns since long. Recently,
renowned columnist and Ex MNA Mr. Ayaz Amir has become a fan of this
form of government with all the zest and zeal of a new convert. While
supporting the presidential system these eminent gentlemen have not
suggested the modus operandi for such a change. Perhaps, their
experiences in government had made them conscious of the formidable
nature of the task. If I am not mistaken, Mr. Ayaz Amir has hinted
about some action needed to be taken by General Raheel Sharif in this
direction.
Recent political
history of our country is a witness to the fact that the present
democratic set up is a flawed system. While our Prime Minister and
provincial Chief Ministers enjoy dictatorial powers and have been
whimsically ordering needless mega projects, unlawful land allotments
just to impress general public or to favor their already rich kith
and kin, their hold on the seats of power is the
completely dependent on the cotereie of members of National and
Provincial Assemblies whose conscience and loyalties are totally
dependent on expediency, opportunism, and plain greed. This exposes
the PM and CM's to blackmail which prevents them from working
judiciously for the benefit of public. In our present set up, MNA's
and MPA's completely ignore their principal duty, i.e., legislative
work and devote most of their time pestering PM and CM's for
obtaining illegal favours. The present system has just been reduced
to a kind of unstable dictatorship.
Our
present constitution was crafted by a feudal lord with despotic
temperament in connivance with a few politicians with centrifugal
tendencies and a group of religious people for whom religion was not
an entirely soul enriching experience. It was a game of give and take
in which people of Pakistan were ultimate losers. It is the
consequence of this vicious consensus that even today young and able
people of our country are fated to drown in rivers of Greece and
Mediterranean Sea, while a single individual may own upto 18 sugar
mills in this country without disclosing his source of income or the
miracle with which he accomplishes the feat. The concerned
institutions just do not show up in this phenomenon. With each
passing day, the constitution is being more and more distorted to
favour the elite and the corrupt. The 18th
amendment, about passing of which the present Chairman Senate is so
proud of, is partially a step in backward direction, which allows
provincial governments to run amock with the resources of the
province without any accountability. Actually, the present Chairman
Senate is a naïve gentleman from middle class who has been enticed
by the corrupt fuedal-elite class sitting in the Senate and is being
exploited by them, while at the same time being presented as show
piece of rule of the middle class.
In short, the
present constitution is so heavily loaded in favour of the elite that
the instant a suggestion to improve it in favor of the people is
presented, the fuedal-elite class starts making a hue and cry about
the destruction of democracy. Interestingly, both government and
opposition are hand in glove in this regard. Recent statement of
Interior Minister Chaudri Nisar about the favours obtained by Leader
of the Opposition Mr Khursheed Shah is a testimony to this collusion.
The new force which
could bring the desired changes in the constitution was PTI.
Unfortunately and hopelessly, it has squandered all its political
capital in highly negative and unproductive Dharna and Dhandli
politics.
At present, our
political system is in a cul de sac. Present parliament is never
going to curtail the dictatorial powers of the prime minister.
Curtailing powers of the PM and CM's means curtailing their own
corruption. The recent revamping of Ehtisab Commission in KPK to
curtail its powers speaks volumes about PTI's sincerity regarding
transparency.
Now coming over to
the hottest talk of the chattering class; the role of General Raheel
Sharif against terrorism and corruption. While lauded by general
public, his crusade against terrorism and corruption is being viewed
by political and elite class very grudgingly. It is being taken as a
threat to their laissez fair. There is a general desire that the
General, and by extension the army, must do something to improve the
present dysfunctional political set up. But any intervention in the
political set up by the General or the Army as an institution,
however well intentioned, will be an extra constitutional activity
attracting consequences mentioned in the article 6 of the
constitution.
Perhapes I am
totally wrong to the extent of being stupid, the court may help over
come this dead lock. The Honorable Supeme Court now adays is siezed
with numerous cases pertaining to inefficiency of NAB, FIA, FBR and
many other federal institutions. These institutions are directly
under the PM or are answerable to him. Now the PM, being a pawn in
the hands of the MNA's, is bound to succumb to their unjust and
illegal demands. Recent arrests of Dr. Asim Hussain and MQM members
by Rangers led to a huge hue and cry by Asif Ali Zardari with threats
to destablize and bring down the whole political set up. In tandem
was the resignation blackmail tactic of MQM. This has made a Shaky PM
quite nervous. The PM had to request the Rangers to go slow in
Karachi and asked FIA not to arrest PPP high ups, Ex PM's Yousaf Raza
Gillani and Raja Pervez Ashraf on corruption charges. All this is a
documentary/material evidence (before the Honorable Court) that PM is
legally not a suitable authority to control or monitor the working of
Law Enforcing Agencies because of a clear conflict of interest.
Therefore, it is imperative that the control and monitoring of these
LEA's must be relegated to some other authority independent of the
parliament. At present, this is none other than the President of
Pakistan. And in case of provinces for the control and monitoring of
the Police and ACE, the Governor of the Province. This change will at
once shield the PM and CM's from the blackmail of MNA's and MPA's
while at the same time make all LEA's independent of political
pressure. A constitutional amendment to this effect is thus direly
needed. However, as mentioned earlier, under present cicumstances it
is an impossiblity.
While not being a
lawyer, but as a some what learned citizen of Pakistan knowing a
thing or two, I expect that Honorable Supereme Court, while hearing
the cases of inefficiency of LEA's in the recent past, would not have
failed to notice this clear conflict of interest situation, and the
lack of constitutional provision to deal with it. It could
consequently, have a strong argument to rectify this constitutional
lacuna. It may, therefore, order the transfer of the tasks of
Controlling and Monitoring all Law Enforcing Agencies to the
President of Pakistan and release the PM from painful strangle hold
of MNA's and men like Asif Ali Zardari and Altaf Hussain. A similar
order for the Provinces would relieve the CM's from the blackmail of
MPA's and thus make provincial LEA's independent of local political
pressure. The Honorable Court may also instruct/suggest the
parliament to enact suitable amendment to the Constitution to remove
the lacuna.
No coup no
presidential system and no Article 6.
All that is needed
to be done by General Raheel Sharif is to say that the decision of
the Honorable Court is to be accepted by all.
