SOMETHING HONOURABLE JUDGES CAN DO FOR PAKISTAN

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 18^th 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.