‘A bad cause will ever be supported by bad means and bad men.’ (Thomas Paine- American political philosopher) After imposing judiciary-specific emergency, sacking about 80 judges and forwarding warped arguments for his actions thereby earning, rightly so, the wrath of the nation, Mr. Musharraf hopes to continue in his office for more five years. His position has never been so precarious though. The sacking of the judges has brought him exactly the opposite he expected and wished for.

Pakistan stands at a crossroad now. Any desperate act on part of President Musharraf can plunge the nation into a deep crisis whereas the restoration of judges, which is expected any time now, will deal a death blow to all illegal and ultra constitutional acts of Musharraf in the name of democracy, stability and security of the country.

Impeachment of the president, though not on the card now, definitely becomes a possibility once president is robbed of the powers to pack up the government, sack the assemblies and appoint the chiefs of the services etc. Pakistan is a parliamentary democracy in which the Prime Minister is the chief executive and the parliament is the source of power. It does not emanate from the President House, rather, the president acts on the advice of the PM.

President Musharraf may have the intentions and have decided to live with the changed political realities within and outside the country, his detractors, who have suffered all these years tremendously opposing his autocratic, fascist and despostic regime, will not live with him.

On the other hand Musharraf has made it clear that he is not going to resign. He considers himself as a constitutionally elected president for five years. The comprehen-sion of the perception that while getting himself elected for these five years he had made Pakistan judiciary the laughing stock of the whole world, is beyond his capacity: self-preservation defies all logic.

All major political parties have united for the good cause; to uphold the rule of law, restore pre Nov. 2, 2007 judiciary, eliminate terrorism from the country, re-establish the supremacy of the parliament, so that the country is brought back to its cruising course to solidarity, prosperity and territorial integrity.

The dark forces of ‘bad cause’ are also super active to foil politicians’ attempt to wipe off establishment’s stigma on them regarding their integrity and commitment to Pakistan so that they don’t succeed yet again. In case of their failure losers are not the politicians, Pakistan and its underpaid, mal-nourished, and economically deprived dominant majority population stands loser.

Misplaced priorities are posing yet another challenge to Pakistan’s nascent democracy. Before it is able to establish its supremacy Parliament is being forced to flex its muscles before time and pick up fight with the person who at any time can sign its death warrant. Anti-democratic forces in the country have displayed their resolve by moving an application through advocate Maulvi Iqbal Haider in the High Court, Islamabad requesting the court to stop storation of pre Nov. 2 judiciary.

In his application the petitioner had sought the disqualification of the Speaker, Deputy Speaker or any other presiding member of the house who would allow discussion on the conduct of judges in the house. The petitioner had also asked the court to declare that the amendments to the Constitution through the PCO 2007, would continue to be enforced unless parliament amended them under articles 238 and 239, as the SC had validated steps taken during the emergency rule. Although, the said High Court has already thrown out the application as non-maintainable on more than one ground 
yet the constitutional crisis continues.

Restoration of judiciary that was considered as a simple case for the 
government to act independently for a popular cause breaking free from the patronising pressures of the president, has turned out to be the toughest challenge Parliament can ever face in its current tenure. Unless Parliament is able to establish its authority as supreme law giving body of the country, democratic forces cannot rest assured that political, constitutional, legal, social and economic issues staring Pakistan in the face will straighten out themselves automatically.

Restoration of judges is developing itself into a final battle between the forces of inertia epitomised in the president and the forces of change represented by legal fraternity and politicians.

President through his cronies will sure challenge the resolution or executive order for the judges’ restoration in the Supreme Court. Further, the president still holds the power to dissolve the government and the parliament and may not mind doing so if the crisis lingers to certain extent. With favourable sitting judiciary, this is bound to happen. President can also act through CJP Dogar who may demand security from the army thereby inviting the army 
enter Islamabad. Once the army begins to roam the streets of Islamabad, that will be the last straw on the back of ‘Pakistan democracy.’

The same person who in his own right stood for so called ‘enlightened moderation and Pakistan first’ has buckled in at the time of crisis when his own interests were put at stake. Why has it taken so long for the president to decide for a private life? He should have respected people’s verdict that was loud and clear against him and his supporters. No sacrifice is bigger than the one that is offered for the good cause that affects the lives of millions of people Mr. President.

Information

Pakistan stands at a crossroad now. Any desperate act on part of President Musharraf can plunge the nation into a deep crisis whereas the restoration of judges, which is expected any time now, will deal a death blow to all illegal and ultra constitutional acts of Musharraf in the name of democracy, stability and security of the country.

Published on April 26, 2008