Johnny On The Street

Like most Pakistanis, I have watched the events of the past few days unfold with anxiety, disgust and disbelief. The army has yet once again asserted its supreme power in Pakistan. All the laws of the land have been cast aside to pulverize the way for the army chief to continue as the undisputed czar of the land. As blatantly illegal and unconstitutional these actions may be, we will all still have to deal with the implications and fall out.

Pakistan is not truly independent. The British departed in 1947 but in effect left Pakistan under the colonial control of the British India Army, now incognito. The only principal that works in Pakistan is might is right. No one is mightier in Pakistan than the army. If it is constrained by the law, it would ignore the law, change the law or fold up the court and tear up the constitution. If it does not approve of the news, the solution is to kill the messenger and shut down the news media. Governor of the Punjab recently opined that people should feel happy now that they were not inundated by sensational news. I would humbly ask him should we also provide for some opium for the people as this would undoubtedly make them feel even better. They could enjoy their trip with their heads buried deep in the sand.

As citizens, we are all enraged. Politicians on the other hand, could not be happier. An independent and upright supreme court is in no politician’s interest. An active and alert media watches over everybody, the army as well as the politicians. It would delight them no end that the neutering of the Supreme Court and muzzling of the media has been performed by General Musharraf and the army. They would be salivating at the political mileage to be gained by publicly sympathizing with the judiciary, whatever the state of their private euphoria. The army gets the blame and is the clear loser in the battle of perceptions.

This is an extremely complicated situation with two clearly different outcome scenarios, depending on one variable: the reaction on the streets.

Considering that most politicians, importantly the Bhutto family, are in cahoots with the army high command, chances are that effective street demonstrations will not materialize. This is what the ruling military junta is hoping for. To provide his western allies a fig leaf to justify their continued support of a dictator, Musharraf has already started making noises about an election date.

Benazir Bhutto will be in a much better negotiating position now. In exchange for the soul of the Peoples’ Party, she will ensure that cases against her in the Swiss, Spanish and British courts are quashed once and for all. There is no greater danger to her political (and personal) future than to be convicted by a foreign court. Too bad her new best friend cannot fire those judges! In a grand gesture of “National Reconciliation�, a government shall be cobbled together by such strange bedfellows as the PML-Q, MMA and PPP. Benazir Bhutto will get her cases withdrawn, re-enter politics and carve out some niches in the corridors of power, ready to survive and fight another day.

General Musharraf will linger on and through constitutional mutilation guarantee legitimization of all his previous and future actions. Thus, should public outcry remain muted, the army wins, the politicians win and a castrated judiciary smiles and waves. The rule of law, the supremacy of the constitution and independence of judiciary would prove to be the mirage it was. It was spectacular while it lasted, though.

The outcome can be quite different should effective public reaction against martial-law emerge. It is hard to dispute the fact that the only two parties capable of launching such an endeavor are the PPP and the whiskey popes of the MMA, both comfortably in bed with the army at this time. The only other political force in the country with some form of nationwide organization is the lawyers; they have recently demonstrated that they can bring street pressure to bear. However, the circumstances have sharply changed since their last outing: by suspending human rights, habeas corpus and other freedoms General Musharraf has decided to emulate his newest idol, Abraham Lincoln, in perhaps the latter’s gravest political and moral sin. It is ironic that none of the virtues of an otherwise truly great President were worthy of General Musharraf’s attention.

Launching an effective popular movement in this situation will be difficult, if not impossible. So far, they have performed brilliantly and have proved their devotion to their cause. However, This movement shall not be without a high cost in sweat, tears and alas, blood. It is apparent that the army, irked by resistance to its totalitarian control of the country by the judiciary, is now ready to pull out all the plugs. The lawyers are like a catalyst: the nation has to react, and so far the nation is in shock.

Nonetheless, should the lawyers be able to recapture the imagination of the nation and catalyze meaningful national resistance, the calculus shall change. In this scenario, Benazir Bhutto will prefer positioning herself as a populist leader by hijacking the lawyers’ movement. Musharraf will be fatally weakened, with very good chances of abdication and (hopefully) safe passage to his retirement in Turkey. Benazir Bhutto will reemerge as the anti establishment outsider aiming to reaffirm democracy in the country.

Politics will go on. What seems to be escaping national attention is the true target of this entire exercise: A military dictator moved, “extra-constitutionally� (The AGs term, not mine) to replace judges he did not like. He has thrown the entire country in turmoil. He has placed Justices of the Supreme Court in house arrest. This is an infamy that will live in our constitutional history forever. He may now return to elections, doff his uniform but has ensured that in future no judge will stand up for his principles. That is, unless, the entire nation identifies these judges as our national heroes: their reinstatement and not elections should be the focal point of this resistance. If we don’t do this, what is to stop any other tin-pot dictator from firing any judge who refuses to bend to their every whim?

One has to applaud the way our godfathers at 1600 Pennsylvania Avenue protect their interests. Clearly, Musharraf has been squeezed as much as possible. Now that he seems to have lost his luster (21% approval rating is low even by Bush’s standards) they need a new horse to bet on: someone who can boldly go where even Musharraf did not dare to go. Benazir is their woman. The clear beneficiary in either of the scenarios outlined above is Benazir Bhutto. Pakistan’s military has been destroyed by politicking, judiciary by Musharraf and now Pakistan’s territorial sovereignty will be surrendered by Benazir Bhutto.

I genuinely appreciate the foresight the Americans have displayed in protecting their national interest. There is nothing wrong with what they are doing: Pakistan is our country, not theirs. They are not obliged to think of Pakistan’s best interests, we are. The judges of the Supreme Court have sacrificed themselves for our interests. Now their silence and their dignity in adversity screams out this question: Is there anyone, anyone, who will stand up for the national interest of Pakistan? In coming days, the only person who can answer this call is the Johnny on the street.


Below is the appeal sent out by Asma Jahngir, Advocate Supreme Court of Pakistan & Chairperson of the Human Rights Commission of Pakistan.


Appeal for support to lawyers and judges in Pakistan

I am fortunate to be under house arrest while my colleagues are suffering. The Musharaf government has declared martial law to settle scores with lawyers and judges. While the terrorists remain on the loose and continue to occupy more space in Pakistan, senior lawyers are being tortured.
The civil society of Pakistan urges bar associations all over the world to mobilize public opinion in favor of the judges and lawyers in Pakistan. A large number of judges of superior courts are under arrest. Thousands of lawyers are imprisoned, beaten and tortured.

In particular the cases of Muneer A Malik, Aitzaz Ahsan, Tariq Mahmood and Ali Ahmed Kurd are serious. Muneer A Malik, the former President of the Supreme Court Bar Association and leader of the lawyers' movement has been shifted to the notorious Attack Fort. He is being tortured and is under the custody of the military intelligence. Tariq Mahmood, former President of the Supreme Court Bar Association, was imprisoned in Adiala jail. No one was allowed to see him and it is reported that he has been shifted to an unknown place. Mr. Ali Ahmed Kurd, former Vice Chair of the Pakistan Bar Council is in the custody of military intelligence and being kept at an undisclosed place. Mr. Aitzaz Ahsan, President of the Supreme Court Bar is being kept in Adiayala jail in solitary confinement.

Representatives of bar associations should approach their governments to pressure the government of Pakistan to release all lawyers and judges and immediately provide access to Muneer A Malik, Tariq Mahmood, Ali Ahmed Kurd and Aitzaz Ahsan. The bars are also urged to hold press conferences in their country and express their solidarity with the lawyers of Pakistan who are struggling to establish the rule of law.

Asma Jahngir
Advocate Supreme Court of Pakistan
Chairperson of the Human Rights Commission of Pakistan