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December 28, 2009
Free Judiciary and the Power Gamble

Hussain Bux Mallah writes about the recent rulings by the democratically restored judiciary in Pakistan and wonders whether the rulings abet and strengthen the growing non-democratic forces.

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[I am writing this because being Sindhi I do not deserve “contempt of court” because me and my nation’s status of inefficiency may be taken as disqualification for contempt of court.]


Recent verdict of Supreme Court of Pakistan on some frozen constitutional petitions has invited people to think over the power gamble and role of the freed judiciary of Pakistan. The Supreme Court had pulled out old and some un-admitted petition for hearing after dismissal of more than 100 PCO and non-PCO judges. Interestingly all criminal and civil cases against politicians, merchants and civilian government official discussed by 17 honourable justices of Pakistan were filed after the end of General Zia’s military government till the start of last Musharraf’s military government.


Pakistan’s supreme judiciary was made dysfunctional by a military government through an executive order extra-constitutionally and all judges were restored by democratic government again by an executive extra-constitutional order but the democratic government, however, had a moral leverage to restore the judiciary of Pakistan. After restoration, the Supreme Court had promised to eradicate corruption from judiciary first and continued functioning as a first ever freed judiciary of Pakistan and released Khatib of Lal Masjid, Maulana Abdul Aziz and Lahore High Court released Jamaatud Dawa’s chief Hafiz Mohammad Saeed by one stroke. Sharif brothers were given relief from disqualification and plane conspiracy cases. The apex court had not accepted pardon a written agreement between the Sharif’s family and military government of Pakistan which was presented by Sindh Advocate General.

Apparently some media anchors bluntly motivated and determined to get rid of first elected Sindhi President of Pakistan Asif Ali Zardari. No doubt they have lot to say about his corruption and criminality and about his inefficiency to rule an Islamic Republic State of Pakistan. The President of Pakistan General Musharraf had publicly announced Sindhis as an inefficient nation and some reputable anchors of electronic media have outstandingly are following General’s verdict. Amazingly some well educated media anchors have introduced a new political term “Sindh Card” in 21st century’s politics of Pakistan keeping in mind “Jag Punjabi Jag” as Punjab Card, Pakhtunkhwa as NWFP Card and Azad Balochistan as Balochistan Card. It is interesting that all card games are with four colour cards and the liberated print and electronic media are playing all cards well. I have seen people with covering heads with colourful Topis all over Pakistan including Sindh, Southern part of Punjab, all over Balochistan and Pakhtunkhwa except northern Punjab. If some people dislike colourful Topi that means that they do not want to see a colourful Pakistan but want to change it as a dormant and violent and Jihadis’s Pakistan.

I was not shocked to hear a public statement or a verdict of a justice for to hang Musharraf publicly and a justice’s comments that more 80,000 politicians, merchants and civilian government official are dacoits and killers who can not be protected. Before that my understanding was different that an accused is not a criminal until proved I don’t know whether it is true or not. And it was not surprising to me that clerics like Aziz and Saeed were freed to move and operate with legitimate protection of supreme judiciary. I was not shocked to see name of Begum Nusrat Bhutto on top of NAB’s list it is not new to me because it is a legend which is always adopted by loyalists of Islamic Republic of Pakistan. Both newly liberated fifth and sixth pillars of Pakistan being Islamists are not free to trial or to convict any deceased leader of and if they were allowed by their doctrine of Islam they must had put the name of Zulfikar Ali Bhutto on top of NAB’s list.

The Statement of Benazir Bhutto during a press conference in Dubai that an ethnic Sindhi populist and federalist prime minister was hanged after severe torture and by inhuman ways and an ethnic Punjabi prime minister was excused and allowed by supreme powers to go away in a sacred state. The statement of BB was not new in Pakistan’s politics and surprising but was very common during first partition of Pakistan.

Many intellectuals have asserted that Zardari was capable to handle Pakistan government like Sonia Gandhi but not as an elected president of Pakistan. They may be right but Pakistan Army and the intelligence agencies before and after judicial murder of ZA Bhutto had deliberately invited non-professional politicians on the basis of various ethnicities, sects and castes and opened doors of power for non-political elements. Now the individuals and institutions are striving for power gain but in India the military had never tired to rule their country but they always had limited themselves to their professional work.

Being an inefficient Sindhi I am clear that we have two options Zardari or Zawahiri. All anti democratic forces conspiring against democratic forces and an elected government of Pakistan or not loyal of Pakistan but they are loyal of Zawahiri. I am seeing greater scope for Zawahiri than Zardari but being an inefficient with colourful Topi and surrounded by thousands of colourful shrines in southern Punjab, Balochistan, Pakhtunkhwa and Sindh I still hope for survival of democratic Pakistan. And I also hope that people will resist against any type of conspiracy against democratic government of Pakistan.

Hussain Bux can be reached at hussainnixATyahooDOTcom

 

Posted by collective at December 28, 2009 12:10 PM
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