Judicial movement - Impact on Pakistan’s Politics
Last night I received an email from a reader a Mr Ethsaam Javaid inquiring about my views on the lawyers movement. Here is his note to me.
“hi, i’m an undergraduate student who have most recently taken interest into the country’s politics. I’d just like you to comment on the “Impacts of judicial movement on Pakistan’s Politics”.[-March 2007 till date]
Regards,
An Admirer”
Ethsaam first of all thank you very much for waking me up from my uneventful slumber. Since it is a good question I am venturing to share my answer with my other readers through my weblog. So here goes:
I believe that the judicial aka lawyers movement had a great impact on pakistani politics. This impact can be divided into the prudential and the normative sections. After we have discussed them we will see its status today for it is one issue that has been bothering me quite a lot of late. But the practical aspects first. Prudentially speaking it contributed a lot in bringing about political change. It started with the sacking of the Chief Justice by a President in Khakis. The lawyers movement with the help of the media managed to magnify the issue and educate people on their rights and the flaws of a dictatorial set up no matter how well couched. Had it not been for the lawyers movement followed by the international pressure and the positive contributions of the political class led by Mohtarma Benazir Bhutto, the country would most likely still be enduring a dictator in uniform. Likewise a lot of judges that were sacked during emergency have also been restored. And the multiplying pressures that included the lawyers’ movement ensured that the elections were also fair and free. So that is the practical side. What are its contributions in the normative arena. Well people have fairly been educated on quite a lot of issues. We now know the true import of the judiciary’s import. Likewise thanks to the movement and the emergency’s machinations we also are better informed about our rights.
How does it sound? I consider people associated with the lawyers’ movement true heroes of the country. However every movement has a culmination point and a conclusion. The lawyers’ movement has reached its conclusion even if people do not realize it. While today not all the judges have been restored, many have been and above everything else the dictator who had stirred the cauldron so offensively is no more in power. That’s that. We often forget that it is not essential that in all wars you have to be a victor. You can be a casualty of war too in other words martyrs. The lawyers’ movement has succeeded in evicting a dictator. If it has failed in restoring a Chief Justice it should be considered the other valiant outcome of a well fought battle: martyrdom. Before the movement blames any politicians it needs to reflect upon its short comings too. It cannot become an independent political party. Have you ever heard of a political party comprising solely of lawyers, mediamen and the human rights activists? I am sure no. And since the movement cannot become a party, it has also failed to address the concerns of the politicians. Take the issue of the National Reconciliation Ordinance, which according to the movement was a ploy to whitewash the politicians. In other words it is assumed that the politicians are innately corrupt. However the charges dropped under the NRO were only allegations and none of the People’s Party was ever even indicted on those charges. We forget in our haste to prove our moral credentials that the quarters who had alleged these politicians of corruption were the same as those who had also alleged the deposed Chief Justice of corrupt practices. To accept that the allegations against the politicians were correct, inspite of inconclusive but prolonged trials and persecution, would essentially imply that the charges against the Chief Justice were correct. This we know cannot be true. Yet this fine point is and was overlooked by some judges and it somehow seemed that they were being partial towards and partisan with a political segment (PML-N and the APDM). Such an impression was that finally led to the demise of the movement before the achievement of its final goal. Nothing mortal can be perfect and this rule of thumb is often overlooked by us, the mortals.
How does it sound? I consider people associated with the lawyers’ movement true heroes of the country. However every movement has a culmination point and a conclusion. The lawyers’ movement has reached its conclusion even if people do not realize it. While today not all the judges have been restored, many have been and above everything else the dictator who had stirred the cauldron so offensively is no more in power. That’s that. We often forget that it is not essential that in all wars you have to be a victor. You can be a casualty of war too in other words martyrs. The lawyers’ movement has succeeded in evicting a dictator. If it has failed in restoring a Chief Justice it should be considered the other valiant outcome of a well fought battle: martyrdom. Before the movement blames any politicians it needs to reflect upon its short comings too. It cannot become an independent political party. Have you ever heard of a political party comprising solely of lawyers, mediamen and the human rights activists? I am sure no. And since the movement cannot become a party, it has also failed to address the concerns of the politicians. Take the issue of the National Reconciliation Ordinance, which according to the movement was a ploy to whitewash the politicians. In other words it is assumed that the politicians are innately corrupt. However the charges dropped under the NRO were only allegations and none of the People’s Party was ever even indicted on those charges. We forget in our haste to prove our moral credentials that the quarters who had alleged these politicians of corruption were the same as those who had also alleged the deposed Chief Justice of corrupt practices. To accept that the allegations against the politicians were correct, inspite of inconclusive but prolonged trials and persecution, would essentially imply that the charges against the Chief Justice were correct. This we know cannot be true. Yet this fine point is and was overlooked by some judges and it somehow seemed that they were being partial towards and partisan with a political segment (PML-N and the APDM). Such an impression was that finally led to the demise of the movement before the achievement of its final goal. Nothing mortal can be perfect and this rule of thumb is often overlooked by us, the mortals.
Ethsaam seems to be really smart, he got a write-up done for his term report, or .. ?
Fair elections in Pakistan…? There is no such thing even in the US, forget about a tiny creature like Pakistan… It may not necessarily be an outright deception like by adding bogus votes in a box in someone’s favour but they use other tools such as manipulation, etc.
Thanks Waqas,
I don’t know about the motives of the young man writing to me but I know one thing. I wanted to write on the subject for ages and he very politely compelled me to write.
As for the fair elections, you know I have some prior experience with electoral dynamics. I have wondered how do you rig the ballot box in 95 percent of the constituencies where oversight is strict. In conclusion I agree on pre poll and post election rigging but not on the poll day manipulation in majority of the cases. Innocent until proven guilty then.
Thanks for the prompt reply.
Actually I was also referring to the pre-poll rigging. You setup the dynamics in such a way that you get your desired results.
By the way, one question always bothers me about last elections. That is, during the elections security was a big issue. I remember the general feeling was how people will turn to cast their votes with such a looming threat but we were told the turnover was around 50%, higher than many other elections of safe-times, how come?
interesting