The issue of the restoration of judges waiting the elected government’s action does not concern restoring individual judges. It is no longer the issue of the independence of judiciary only. The question is whether or not the government installed after the election of February 18 considers the measures taken by the president on November 3, 2007 when he imposed emergency – as a result of which 60 judges of the high courts and the Supreme Court, including the Chief Justice, refused to take oath under the Provisional Constitutional Order (PCO) – as illegitimate.
As the long march coincided with the presentation of the national budget, it captured the media spotlight that is usually reserved for the discussion of the budget. The government quietly used this occasion to introduce an amendment in the Judges Act to increase the number of judges from 17 to 29 through the Finance Bill. When President Supreme Court Bar Association Chaudhry Aitizaz Ahsan announced the end of the long march without staging a sit-in before parliament, bigwigs of Pakistan People’s Party (PPP) heaved a sigh of relief. The long march had managed to send a very strong message to the ruling party. It remains to be seen whether the political forces have their fingers on the pulse of the people and act accordingly or prefer behind-the-scene dealings over the mandate of the people.
There is no dearth of cynics who dismiss the momentous struggle sustained by the lawyers as the handiwork of the vested interests. There are also those who think that the entire lawyers’ movement is a matter of ego of one person, i.e. the deposed Chief Justice Iftikhar Mohammad Chaudhry. But the consistency and commitment with which the lawyers continued their struggle in extremely hostile conditions, being beaten by law enforcement personnel and even forgoing their incomes by boycotting the courts have earned them credibility and the respect of the people.
Talking to Vista in March last year, then president Supreme Court Bar Association Munir A. Malik had said that the leadership of lawyers wanted to raise awareness at three levels: first among the masses, second among the superior judiciary and third among the political forces. The lawyers’ leadership wanted to educate the masses on the concept of the rule of law, the supremacy of the constitution and their rights as stipulated in the constitution. The superior judiciary which colluded with unconstitutional governments and legitimised their rule throughout the history of Pakistan needed be made aware of its independent position and power to be able to stand for the people and uphold the sanctity of the constitution. The lawyers’ movement also sought to push the political forces to become the true representatives of the people, respect their rights and exercise the authority vested in them by the people rather than playing second fiddle to unconstitutional forces.
The lawyers’ struggle seems to have succeeded in the first two of its three goals to a great extent, as evident from the surfacing of an ‘activist’ class among students and young professionals throughout the country. The media too has played a crucial role during the struggle by disseminated the news, opinions and objectives of the lawyers’ movement to a wider audience. One may compare it with the consciousness of identity and self worth that Zulfikar Ali Bhutto inculcated among the masses when he launched the PPP during the anti-Ayub movement of 1968-69. Harking the revolutionary programme of the PPP, the people associated their hopes and aspirations with the party, despite the fact that the leadership of the PPP failed them more than once. At a time when people were completely disillusioned with political parties, the lawyers’ movement raised a voice against the illegitimate rule of one man and induced a hope among the masses. However, the political forces failed to take cue. It seems that the lawyers have a long way to go before they could convince the politicians to rise above their vested interests and steer the nation towards progress and prosperity.
By all measures the PPP-led government has failed to come up to the people’s expectations. It has now become abundantly that the PPP’s conduct is all but transparent. So far the government has not fulfilled any of its commitments it made to the nation since it was sworn to the office. The PPP has launched a constitutional package, which includes a formula for the restoration of judiciary, but in the absence of the requisite majority in Senate, it may well be an attempt to postpone the matter indefinitely. Moreover, the recent statements of the PPP co-chairman bespeak of an egotistic, feudalistic style of politics unsuited to the genius of the people of Pakistan. He dismissed the long march by stating that his party could put up a better show of strength. On the one hand, he say Musharraf is a ‘relic of the past’, on the other he refuses to impeach the president. More recently, addressing a public gathering of party activists at the Governor House in Lahore, he claiming that soon the presidency will be controlled by the PPP. This lack of consistency is strengthening the perception that the PPP is once again busy in negotiation a deal with the establishment. However, it is not without a cost; the PPP is fast losing its credibility.
Although Pakistan Muslim League-Nawaz leadership expressed support for the long march, it lacks the requisite numbers in parliament to annul the decisions of November 3, 2007. Smaller parties such as Pakistan Tehrik-e-Insaf and Jamat-e-Islami, which have no stakes in parliament since they boycotted the elections, found it expedient to make their presence felt. Apart from the PPP, conspicuous by its absence from the long march was Awami National Party (ANP). Being a coalition partner and holding the reins of the provincial government in NWFP, which is in the grip of an insurgency-like situation, ANP’s stance on the restoration of judges is of crucial importance, and for the moment it seems to be riding along with the PPP.
The other day, Nawaz Sharif and Asif Ali Zardari met for what now appears to be umpteenth time to iron out their differences over judges’ restoration, but failed once again. After a second meeting in three days between the two leaders, Asif Ali Zardari was able to convince Nawaz Sharif to support the Finance Bill introduced by the PPP, seeking amendment in the Judges Act to increase the number of Supreme Court judges from 17 to 29. The inclusion of the amendment in the Finance Bill circumvents the normal legislative procedure to amend a law that requires passage by simple majority in both houses of Parliament. The Finance Bill contains budgetary provisions and is voted only in the National Assembly. The controversial amendment is being hotly contested as the lawyers’ leadership has rejected it on the ground that it is meant to accommodate the judges who took oath under the PCO. Nawaz Sharif too now seems to regret his decision as he has been disqualified from contesting elections by the full bench of Lahore High Court.
The failure to settle the basic question associated with the restoration of judges – what kind of political system Pakistan is going to have post-Musharraf – is distracting attention from other aspects of governance. At this point, it is essential to decide whether we want to continue with the old system of the elected government sharing power with the ‘establishment’ or shift the balance of power towards the people.
Continuing disagreements among political parties on the issue of restoration will benefit the unconstitutional forces, which want to maintain their hold over power. In the current scenario, if the political actors think they can carry on by pandering to the invisible actors rather than working to alter the configuration of power in favour of the people, they are heading for a disaster. It was hoped that time in exile/incarceration had induced some maturity among them to unite against the extra-constitutional forces, whose prime strategy has been to keep the political forces, disorganised, weak and subordinate. At least initially, this was the message that came when the PPP and PML (N) decide forget past rivalries and join hands to form the government. But if political parties give an impression that they are trying to fool the masses and in reality pursuing the vested interests once again, they will lose face in public.
Had these events happened a decade earlier, it would have been perfectly easy for the government to hoodwink the public outcry, but not this time. It is going to be difficult for both the elected government and the invisible, but ubiquitous ‘establishment’ to ignore the biggest stakeholder in the power configuration – the people. The successful holding of the long march on Islamabad should leave no space for doubt that people are alive to their stakes in the political system that governs the country, they are organised and ready to fight for their cause. Whether or not the lawyers sustain the struggle for the restoration of judiciary, the very fact that there are sizable numbers among the populace who are keenly watching and discussing the government’s conduct leaves little space for manoeuvring.