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Breathing space | Grace under pressure
By Farrukh Khan Pitafi

I have borrowed this title from one of a dear friend and former colleague Adnan Rehmat’s annual reports on media in Pakistan. Media grace in this country certainly is under pressure. If there is any solace to be found in the dire happenings of recent weeks, it can be derived from the fact that at the very least the official sycophants have stopped parroting the patronising lines about the so-called unprecedented freedom granted to the media by the current government. The media indeed is far freer than the previous regimes. After all, who can forget Nawaz Sharif’s crackdown on leading media groups and related intellectuals. But I have always maintained that with the changing circumstances, a military government could ill-afford to keep new and far more dynamic media projects at bay. If there was still a chance to delay the media revolution in this country, it would have come at the cost of the soft image this government has remained obsessed with and succumbing to India’s burgeoning media hegemony. Musharraf regime hence chose what was indeed the most rational option of all. Now something seems to have gone terribly wrong. With the relatively open media policy, the government succeeded in muzzling the media without the trouble of taking too much blame. Exceptions do exist everywhere after all. But if it thought that the projection of success meant actual success, it was woefully wrong. One after another all policy failures and proofs of incompetence started becoming only too evident. And owing to the media’s hard-earned grace, the consumers expect the truth from the television channels, the newspapers and the radio stations. However, owing to the still prevalent government controls on the media, they having tough time in achieving that goal.

While the Pakistan Electronic Media Regulatory Authority (PEMRA) and other government organisations committed to the task of manipulating the media have continued their job, the culmination point came recently in the shape of government’s frustration with Geo News and its coverage of the Chief Justice (CJ) issue. We witnessed attacks on the combined offices of Geo News and The News International. We were recovering from this huge disaster that there arrived the letter of Hameed Haroon, the CEO and the publisher of the Dawn group of publications. The e-letter accompanied by detailed evidence provides for grim reading. We learn in a chronological order how another of the country’s oldest and most prestigious groups was systematically victimised when it refused to succumb to the government pressure first through a proxy and then directly. So much so that daily Star, the company’s evening paper has been closed owing to what is officially stated as the financial problems, but may have more than one reason behind it. The letter in detail is available at Dawn newspaper’s website and in order to ensure easy access, I have placed it on my weblog too. But such manipulation is not an exception. The Nation and this publication have more than once endured advertisement bans too.

If this volcano was silently simmering for sometime, things have now have taken a gruesome turn. Appreciating the fact that its projection of media tolerance has failed to hide its weaknesses, the government is now leaning on the movers and shakers of the media world quite blatantly. Upcoming channels even unconnected to the recent developments like the Century TV are facing the music on the issue of licenses. What is more, owing to the government’s failure to find support among the intellectuals and the influentials, its spin doctors are working really hard to confront each dissenting soul with a government supporter. This fresh onslaught of McCarthyism has swept the country in an intimidating way. Government MPs and civil society friends are being dispatched to distant areas of the country with a view to project the current government’s benign image. An attempt is underway to divide every dissenting group and spoil the prevailing esprit de corps. Most prominent among such groups is the lawyers’ community. Then comes the turn of the other segments of civil society, including the journalists. Is it really a coincidence that the man who has challenged the appointment of Justice Bhagwandas as the acting CJ on purely religious grounds is a journalist? Similarly, hectic effort is underway to divide the judiciary. The issue of mistreatment of the CJ was referred to the Peshawar Bench from where the complaints about the CJ actually originated. Such things are not new, but the fact that they come from a military regime, which is internationally celebrated as the bulwark against corruption and extremism, is truly heartrending. As a result, the people of Pakistan are losing their already blighted grace in the world quite rapidly.

The trouble actually is that those who had orchestrated the downfall of the previous government owing to their poor judgement are now advising the current regime. As a result, we are witnessing an omnipresent meltdown at the policy level. And since now the government is keen to seal the only left channels of catharsis, it is evident that change whenever it comes will materialise in a brutal way. Those who thought our new leader might have learnt enough from the examples of General Zia and General Yahya know better now.

What is that the country’s civil society and the media do to survive the onslaught? Perhaps the first essential step is to ensure unity among them. If something bad is happening to a colleague of yours, it can soon happen to you as well. Likewise, if something constructive is to be obtained from the current unrest, the most advisable way is to reach out to the people and raise awareness. Lawyers for instance might be able to cause a stir for the time being through their protest; if they do not help people understand what is at stake, the future of a popular movement culminating into a Magna Carta may not be too sunny. Perhaps the media and the thinking people of this nation can be of great help here. Dissent has its own way to make its mark. If today’s epical struggle loses steam, and there is evidence to this effect, what happened in Islamabad in the shape of the raid by the students of Jamia Hafsa may become a norm of the day.

The writer is a freelance columnist and media expert

Breathing space | Hanging by a single horsehair

By Farrukh Khan Pitafi

There exists a metaphoric link between the Pakistan government and our cricket performance in the World Cup. Pakistan has faced the worst defeat of its World Cup history. It was essential that some heads would roll. But the added twist of mystery regarding the coach’s death also points to the astounding and mushy realities of today’s Pakistan, the utter unpredictability of life and property in Pakistan and people related to Pakistan. I would, however, remind you of one thing about the late big man. Robert Woolmer has indeed reminded the Pakistani establishment how to take the responsibility of failure personally. In fact, our government had forgotten how to accept its failure. Police attacks a television station and the information minister, allegedly present in support of the action, refuses to tender his resignation. Bob’s death remains a mystery at the time of filing of this column, but his sudden disappearance shows apparently he took the failure to heart. It is good that the office bearers have also resigned, but before his death we did not find anyone ready to do so.

But coming back to the metaphoric part, a friend said something shocking considering that Pakistan cricket finally has been reduced to ashes and needs rebuilding from scratch. Noting all the things including the loss, the death and the resignations, he said that such unprecedented things happen only when a nation is close to disappearing from the world map. I can only pray that such a thing may never happen, but given the horrible complexity of the current crisis and the enormity of the consequences of the government’s stubborn refusal to accept the presence of a crisis, less so addressing its deep rooted causes, one does not know what is going to happen in the future. Again, I must say that the government has proven to be very unlucky this time. Had Pakistan moved any further in the World Cup, there was a chance that the people would have switched to the sports channels from the news related ones. And given our little concentration and memory cycle, the common man would have forgotten about the whole issue. But that is clearly not the case now. Add to it the fact that the Supreme Judicial Council proceedings are similar to court cases which have to have more than one hearing. Once protest starts and people have learnt that a number of people have joined it, there is a likelihood that during the next hearing there would be an even more powerful display of public anguish. Since it is bound to snowball further regardless of how the government handles it, I do not think this crisis is going to subside before Musharraf is gone. And talking of the unprecedented happenings, there was another thing that has made its impact, weakening the government’s influence further, even though this may not be evident right now.

The images of the police force making its way perforce into the Geo TV station only a stone’s throw away from parliament, were indeed heartrending. I am sure what happened there stunned many into disbelief. Was it only the work of some overzealous subordinates who took their responsibility too seriously? Or it was a premeditated move to remind the media that the relative freedom enjoyed in the country could easily be rolled back and that a military government could get away with anything it wanted? I am obliged to believe more in the veracity of the latter. I shall come to the foundations of this belief a bit later, but before that another question arises. If the government indeed wanted to intimidate the media of the country, what forced it to change its mind once a physical assault had already taken place? Some would believe that the prompt response from the US really brought the change in the government’s outlook. Others will think that some sane voice rose from Musharraf’s actual constituency. While both of these ideas hold some water, it is my assumption that the assault was clearly designed in a guerrilla-like fashion of hitting and running. Once the government had communicated what it could do, it was pointless to continue in the same belligerent fashion. It is just like the case when you see your child is getting hysterical, you slap him, reminding him of his physical vulnerability and then quickly return to your soothing self to make the point.

And now the reasons for my belief that it was a premeditated move. For one, the government had made its displeasure against the media manifest days before the assault. First the ministers started jeering at and intimidating the media-persons. Then came the court case to deny TV stations that oppose the government airing rights. Then a couple of channels were taken off the air for a while. And finally the ban imposed on Kamran Khan’s show. Hence the sentiment was building up. And it is a matter of common observation that Musharraf’s smart ministers do not show their temper unless they are sure they are copying their boss. Whatever took place might well be a slight deviation from Musharraf’s directions (and one hopes that it is true, yet it seems unlikely), but it certainly was not a conspiracy against the general. But even though the government might be smirking at its manipulations, the real damage has been done. This episode has indeed exposed its true commitment to media freedom and at least the national media will not take this at face value any longer. Here it is imperative to salute journalists like Kamran Khan and Ansar Abbasi who stood firm in the face of personal danger and the media owners, especially of Geo and Aaj TV, who stood by their staff.

Now a few words about our future prospects. It may not be evident yet, but the establishment has been divided deeply. While it is insane to write Musharraf off so early, it is becoming clear that neither he is commanding a monolithic support nor does he have the necessary space to manoeuvre. The result will be his fading away from the scene. The government is trying to find fault with the CJ, thinking that it is about him, without realising that he is only a contingent factor. Otherwise it is only about Musharraf. All major segments of society, except for a few wannabes, are sick and tired of his machinations. I hope the general sees reason and decides to remove himself from the perpetual danger to his own person, as well as to the federation.

The writer is an independent columnist and media expert
(Courtesy The Post)

Posted by farrukh at 18:45:31

Folks, thanks for the splendid response. Ever since I have posted the letter on this site and mailed it to friends far and wide I have received uncountable calls, sms’ and emails. The greatest thing is the solidarity I have found in response. Almost everyone who communicated has supported my stance. I must say I am indebted.
There was only one friend who seemed critical of the media and the way it has handled the issue. I told him something simple. That the current crisis is not about the Chief Justice but about Pervez Musharraf. People are really tired of him. Frankly I do not wish ill for him. I had developed indeed some liking for him and that I must say that in some part of my heart some bits and pieces of that still remain despite all his irresponsible actions. But honestly it is time for him to move on. It is the last chance he has to prove that he is a well wisher of the country by stepping down. Otherwise this issue will snowball and he’ll be gone within no time.
Now let us take the case of the Chief Justice. My problem with the case is that it was handled in very crude and hideous fashion. The fact that the reference against the CJ has not been made public to date and that probably only a part of it was presented in the Supreme Judicial Council proves that there were no great charges and the evidence to implicate is still being produced. Even if we are convinced that the CJ was part of any serious crime we have to remember that he was chosen by Musharraf himself. Musharraf is all in all of this country for seven years and has access to national and foreign intelligence. Why could he not choose a more capable man for the post? This essentially indicates that it is essentially political scapegoating. What is the purpose of all this talk about freedom of expression, media and open government if you do not believe in it?
If you think that the crisis will fade away with today’s events I do not believe it. I believe that the crisis will further brew and will lead Musharraf to do even more stupid, perhaps against his own constituency, the army.
I believe that the time ripe is ripe for his ‘abdication’. He needs not to worry about his life. With the exception of Zia all general presidents survived owing to the support of the US after stepping down.
Let us see Musharraf’s chief victims after he rose to eminence. General Ali Kuli Khan, Farooq Leghari (supported Nawaz at that time), the then Chief Justice, General Karamat, Nawaz Sharif, President Rafique Tarrar, a number of judges under PCO, his own appointed Prime Minister Zafarullah Jamali (the first Baloch premier of the country), his own general friends, Nuclear scientist Dr Abdul Qadeer Khan, Nawab Akbar Bugti and now the CJ. Maybe you’ll like to read my review of Pervez Musharraf’s In the Line of Fire
titled End of the line and End of the line – final cut .
And oh yes, I must thank Mr Fakhruddin G Ibrahim and Kamran Khan voicing concerns which seemed similar to mine. For a while I felt that Mr Ibrahim was talking to me and supporting my point of you. Sir you are great and don’t we will do our best to do what it takes. And Kamran Khan I have to say only one thing to you, of course if you are listening: You rock!!!

Posted by farrukh at 14:58:40.

Here is the letter which has apparently caused Justice Chaudhry’s downfall. It was written by Naeem Bokhari advocate. Please note that Naeem Bokhari is a close friend of Musharraf and this letter could even be a frameup on Musharraf’s personal request. Mr. Justice Iftikhar Muhammad Chaudhry
Chief Justice
Supreme Court of Pakistan
Islamabad
Pakistan

My Lord:

I write this letter as an Officer of the Supreme Court of Pakistan; as an Advocate enrolled in the apex Court since 1984 and in the High Courts since 1972; as an Attorney who has paid more income tax from his earnings in the legal profession than many of my friends, colleagues and seniors elevated to the Bench; and as a stake-holder in the dispensation of justice, intimately and vitally interested in the functioning of the Supreme Court.

Many judges who adorn the Bench in the Supreme Court and the High Court know me over decades, as a person endowed by nature with a pleasant disposition and acceptance of human failings. Towards the courts, my approach has always been of consistent and continuous display of respect and humility. I bow out of conviction, not compulsion. I use the words “My Lords”, because I want to, not because I have to. As an Attorney, I look up to the Court and want to see it on a high pedestal of dignity, compassion and justice, tempered with mercy.

I have seen my Supreme Court headed by Chief Justice Hamood-ur-Rahman, Chief Justice Muhammad Yaqub Ali, Chief Justice S. Anwar-ul-Haq, Chief Justice Mohammad Haleem and how the Court functioned under them in the 1970s/1980s.

I witnessed the proceedings for the ouster of Chief Justice Sajjad Ali Shah, became aware that the then Prime Minister of Pakistan, Muhammad Nawaz Sharif, had ‘worked’ on some judges of the Supreme Court and saw the physical assault on the Court.

I was appalled at the manner in which Chief Justice Irshad Hasan Khan led the Supreme Court and pained at the insinuations against Justice Sheikh Riaz Ahmad, when he was the Chief Justice.

I was horrified by the establishment of a Bench of five judges constituted by Chief Justice Nazim Hussain Siddiqui to determine whether reduction in the retirement age for judges was constitutional or not. This was clearly designed to block your appointment. I was against the idea of Mr. Amirul Mulk Mengal being made the Chief Justice before you. Within the limits of my influence (which I readily admit to be very limited), I was totally for you to become the Chief Justice. Justice Javed Buttar is aware of my position, as is the Attorney General of Pakistan. The accelerated issue of the notification appointing you the Chief Justice put Justice Siddiqui’s move to rest.

I believed that you were vigorous, capable of lifting up the Supreme Court, creating an espirit-de-corps among your brother judges, restoring the dignity and grandeur of the apex Court, particularly considering the long tenure before you.

Alas this has not come about.

I am not perturbed by your insistence on protocol (despite my belief that the Chief Justice would rise in the eyes of everybody if he walked from his residence to the Supreme Court and hooters, police escort, flags is just fluff, not the substance of an office).

I am mildly amused at your desire to be presented a guard of honour in Peshawar. I am titillated by the appropriation of aMercedes-Benz car or is it cars, the use of the Government of the Punjab’s airplane to offer Fateha in Multan, to Sheikhupura for Fateha on a Government of the Punjab helicopter, to Hyderabad on a Government of the Sind’s plane for attending a High Court function, the huge amount spent in refurbishing the chamber and residence of the Chief Justice, the reservation for yourself of a wing in Supreme Court Judges guest house in Lahore, the permanent occupation by the Supreme Court of the official residence of the Chief Justice of Sind, who per force lives in the basement of his father’s house. As his class fellow in the Government College, Lahore, I can vouch that living in the basement will do him no harm.

I am not perturbed that Dr. Arsalaan (your son) secured 16/100 in the English paper for the Civil Services Examination, that there is a case against him in some court in Baluchistan, that from the Health Department in Baluchistan he has shifted to the Federal Investigation Agency (FIA), that he has obtained training in the Police Academy, that he reportedly drives a BMW 7-Series car, that there is a complaint against him with the National Accountability Bureau (NAB).

My grievances and protests are different.

I am perturbed that the Supreme Court should issue a clarificatory statement on his behalf. I am perturbed that Justice (Retd.) Wajihuddin Ahmed should be constrained to advise you on television that “people who live in glass houses should not throw stones at others”. I am perturbed that the Chief Justice should summon Mir Shakil-ur-Rahman to his chambers on Dr. Arsalaan’s account.

I am appalled that you announce decisions in Court, while in the written judgment an opposite conclusion is recorded.

In the Petition for leave to appeal filed by Dr. Sher Afghan Niazi, Federal Minister for Parliamentary Affairs (in which Respondent’s Counsels were Mr. Khalid Anwar and Mr. Qadir Saeed), you refused to grant leave in open Court and yet in the written order, leave was granted to Dr. Sher Afghan Niazi.

On 15-2-2007, Mr. Fakhruddin G. Ebrahim complained that in open Court you had accepted his appeal but dismissed the same in the judgement, subsequently recorded.

If Mr. Khalid Anwar, a former Minister of Law and Parliamentary Affairs, and Mr Fakrhuddin, Senior Counsel, are treated in this manner, the fate of lesser known lawyers would certainly be far worse.

My grievances also concern the manner in which the last and highest court of appeal is dispensing justice, under your leadership.

My Lord, the dignity of lawyers is consistently being violated by you. We are treated harshly, rudely, brusquely and nastily. We are not heard. We are not allowed to present our case. There is little scope for advocacy. The words used in the Bar Room for Court No. 1 are “the slaughter house”. We are cowed down by aggression from the Bench, led by you. All we receive from you is arrogance, aggression and belligerence. You also throw away the file, while contemptuously announcing: “This is dismissed”.

Yet this aggression is not for everyone. When Mr. Sharifuddin Pirzada appears, your Lordship’s demeanour and appearance is not just sugar and honey. You are obsequious to the point of meekness. So apart from violating our dignity, which the Constitution commands to be inviolable, we suffer discrimination in your Court.

I am not raising the issue of verbal onslaughts and threats to Police Officers and other Civil Servants, who have the misfortune to be summoned, degraded and reminded that “This is the Supreme Court”.

The way in which My Lord conducts proceedings is not conducive to the process of justice. In fact, it obstructs due process and constitutes contempt of the Supreme Court itself.

I am pained at the wide publicity to cases taken up by My Lord in the Supreme Court under the banner of Fundamental Rights. The proceedings before the Supreme Court can conveniently and easily be referred to the District and Sessions Judges. I am further pained by the media coverage of the Supreme Court on the recovery of a female. In the bar room, this is referred to as a “Media Circus”.

My Lord, this communication may anger you and you are in any case prone to get angry in a flash, but do reflect upon it. Perhaps you are not cognizant of what your brother judges feel and say about you.

My Lord, before a rebellion arises among your brother judges (as in the case of Mr. Justice Sajjad Ali Shah), before the Bar stands up collectively and before the entire matter is placed before the Supreme Judicial Council, there may be time to change and make amends.

I hope you have the wisdom and courage to make these amends and restore serenity, calm, compassion, patience and justice tempered with mercy to my Supreme Court.

My Lord, we all live in the womb of time and are judged, both by the present and by history. The judgement about you, being rendered in the present, is adverse in the extreme.

Yours faithfully,

NAEEM BOKHARI
Advocate
Supreme Court of
Pakistan

Breathing space | The White (House) lies

08/03/07

Finally Lewis Scooter Libby has been found guilty. It is an awkward style of justice that a man is not punished for committing an offence, but only hiding it.

Posted by farrukh at 14:47:04