Despite solemn declarations to reinstate sacked judges of superior courts and establish independence of the judiciary Pakistan People’s Party and Pakistan Muslim League (N) failed to agree on the method of fulfilling their pledge. Protracted negotiations in high-level meetings between their leaders held in and outside Pakistan proved abortive. While precise causes of the shipwreck are at present shrouded in mystery and both parties remain reluctant to accuse each other of torpedoing agreement on implementation of the joint pledge, objective observers are bound to recall that PPP at first agreed to restoration through a resolution of National Assembly but later decided to insist on a package that would include constitutional amendments in order, its spokesmen said, to preempt a judicial crisis. While the necessity of such amendments will be debated by legal experts the issues involved were apparently not merely legal. At stake is the prize of political power; the question is who is to be the arbiter.
PPP and PML(N) are traditional rivals and it is as natural for each of them to strive for the helm as it is difficult for either to reconcile to a backseat. If both have recently hoisted the flag for independence of judiciary it is mainly because it has become a popular cause after the unprecedented judicial atrocity of 2007. Otherwise, neither brings historical reputation for respect for judiciary while PML(N)’s credentials were particularly blemished by the physical attack on the Supreme Court when it was in power. Arguably experience of authoritarian excesses during the 1999-2007 period may also have taught both the lesson that respect for independent judiciary is indispensable for democracy with which interests of political parties are inextricably linked.
PPP’s decision to woo smaller political parties was transparently part of a strategy to reduce dependence on PML(N) for majority in National Assembly. Transcending historic rivalry for power in Sindh PPP made an over-generous power-sharing deal with Mutahida Qaumi Movement and even threw out a baited line to hook the previously untouchable Pakistan Muslim League(Q). Meanwhile, the second largest political party PML(N) was again and again given promise of fulfillment of the demand for restoration of judges and finally driven to the unenviable dilemma where it could either retain share in power or save its honour.
Still another factor in the murky situation has been the US demand on PPP leadership to implement the power-sharing deal it mediated between former Prime Minister Benazir Bhutto and General Pervez Musharraf. The latter fulfilled his part of the bargain by shedding uniform, withdrawing emergency, proclaiming the National Reconciliation Ordinance and holding free elections. US honour as also its perceived interest in continuity of partnership with Pakistan in the fight against terror require that PPP must also keep to its part of the bargain. The only mysterious element in the situation relates to the levers at Washington ’s disposal to ensure observance of the deal terms by PPP. Given the price in popularity PPP has paid by going back on its pledge to restore the sacked judges, it seems unlikely that economic and military assistance for Pakistan was the sole factor.
PML(N)’s gain in popularity on account of a clear and forthright stance in favour of restoration of sacked judges may necessitate a policy review by PPP. While it will no doubt embark on a campaign to explain substantive legal and administrative compulsions for a comprehensive package, going back on commitment to restore the judges first by April 30 and then by May 12 will not easy to justify. Already knowledgeable commentators have pointed out that persons responsible for the decision were out of touch with popular opinion because none of them went to the grassroots during the election campaign, and those who did are too embarrassed to face the legal fraternity and non-partisan civil society which are resolve to sustain the campaign for restoration of the judges.
Already groaning under back-breaking burden of escalating food, fuel and energy crises popular opinion is likely to be further infuriated by the spectacle of confusion in the ruling party. Instead of focusing on implementing its electoral pledge to deliver ROTI, KAPRA AUR MAKAN to low-income and poor people, the party leadership has wasted too much time on a comparatively easy legal issue. Expensive visits abroad by political bigwigs at such a time will further provoke popular ire. Most people may not know enough about history of the decline and fall of the Roman Empire but media commentators are bound to remind them.
Nero played the fiddle while Rome was half-burned, intentionally according to legend, in order to provide a realistic background for a recitation by the emperor in a play recalling defeat in war on Troy . At his death Nero sought vainly to justify his conduct claiming he was an artist, but even two thousand years later history remembers him as an evil schemer, matricide and tyrant who was ruthless against opponents and committed atrocities against Christians. One hopes political leaders will remember history in order to avoid its repetition.
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