Rule of law

No country can survive without the rule of law with, Pakistan being no exception. After 50-years of establishment control and manipulation we stand at the crossroads. In order to move forward as a civilized nation the strangle hold of his evil empire has to be shattered. There is both an opportunity to change and a threat to our very existence.
For the first time in five decades cracks have appeared in the establishment order. A vast majority of judges have refused to side with the rule of force and preferred the rule of law. There is no going back to the old ways, an independent judiciary is essentially required. PCO has become an enigma.
The integrity of the country is under threat as the entrenched establishment which consists of both local (khakis, baboos, PCO judges) and global players (USA, EU, NATO) has refused to step down peacefully. NATO forces are sitting on the borders while international lending institutions are after our throats. Today the country is threatened both militarily and financially. On top of this strangulation are the soaring food and fuel prices. Developing nations have to survive against odds if they desire to protect their sovereignty. It is for the leadership to decide the future course of action after due consideration of both the opportunity and the looming threat of the establishment and their external masters.
Indecisiveness and uncertainty is hurting the nation. Reconciliation has been stretched and is now strengthening the establishment. Instead of restoration the focus is shifting on a new clean order. All PCO judges (one and two) should go home together with all the illegally elected members (President, Senators) and the acts passed after the 1999 take over till to date. Only the non-PCO Judges should be restored, ones who refused oath in 1999 and a new independent judiciary be built around them. Article-6 should be amended to include judges to restrain then from taking unconstitutional oaths.
Pakistan Peoples Party has supported this approach. A separate judicial bill can be passed to resolve the illegalities and cleanse both the judiciary and the democratic order. It will be a fresh start for the nation and its vital institutions.
Restoration of judiciary alone may not result in an independent institution as the mix of judges will include PCO(2) judges as well. It is time to look beyond individuals. History is being formulated with the end of establishment rule and an independent judiciary. This historic opportunity should not be missed to put Pakistan back on track as envisioned by the Founding Fathers. General Musharraf must go and let the democratic government establish the rule of law.
The democratic order can be kept on track by following the Charter of Democracy (CoD) signed by the two main political parties. An independent Election Commission and two to three impartial elections can cleanse the entire democratic order of toadies and establishment politicians.
Militancy and its associated problems including the missing persons pose serious challenges for the nation. Perhaps the bane of the current judicial crises was the application of law for the recovery of its citizens. Executive authority in Pakistan has remained unchallenged and beyond the rule of law which has resulted in multiple problems for the state. All the khaki-baboo heads of state have acted as viceroys of western powers and have repeatedly compromised on vital national interests. Rule of law could have prevented the mess we are in today.
Ayub’s martial law was illegal and uncalled for yet Justice Munir gave it legal cover outside the ambit of law. In the Asma Jilani case both Ayub and Yayha were declared usurpers. Decision in Zulfikar Ali Bhutto’s case would have been different had the executive not manipulated the superior judiciary by forcing independent judges out. Even the debt of Pakistan is an establishment created menace from which bail out seems impossible.
The judicial murder of ZAB was a mockery of justice and subsequent Talibanisation of the country by Zia under foreign dictation has proven disastrous for the country. General Musharraf’s U-turn on a single phone call further compounded the problem. Neither the original Talibanisation nor the current de-Talibanisation is in our national interests.
Courtesy: Daily Nation Lahore / By Dr Farid A Malik