In what was clearly an internal debate, General Kayani asked his officers firstly whether in the present scenario we are promoting the rule of law and the Constitution. And second, whether we are strengthening or weakening institutions. It is not clear who the “we” in this speech is but one can assume that the army chief was talking about Pakistanis as a whole and not just the armed forces. These are important questions coming from an important institution. The army chief also warned that certain elements are trying to drive a wedge — wittingly or unwittingly — between the people and the armed forces. Many analysts have come out with their interpretation of the speech. The army has not contradicted any of them. Possibly, they are now watching the debate evolve.
In response, Chief Justice Iftikhar Muhammad Chaudhry has already commented that the Supreme Court has the final authority on constitutional matters. This has prompted fears of a war of words between the judiciary and the military leadership. So far, these fears are unfounded. But things are more complicated than they seem. General Kayani also said that we are passing through a critical phase in our country’s history and future generations will judge us positively if “all of us serve Pakistan better” — the emphasis being on the word “all”.
In answer to the first question, the present democratic set-up has done little to promote the rule of law. Non-state actors continue to act independently and challenge the state. In this, the democratic government says that other actors of the state are helping prop up these non-state actors. It is a blame game but this is no excuse. The elected government has itself set aside the rule of law. Many of our leaders, politicians and civil and military bureaucrats have challenged the rule of law and gotten away with it. Only the poor and weak get charged or punished. Rarely do the rich and powerful go to jail in Pakistan. Our elected representatives head tribal jirgas where an alternative justice system exists. This jirga system in many places has now been taken over by the Taliban. The judiciary is ignored. More important, the civilian government does not have the strength or will to have decisions implemented.
On the same note, the more important question is whether we are promoting the Constitution. One cannot deny that the tussle between the judiciary and the executive has weakened democracy in Pakistan. It goes to the credit of the government that it has bowed before the judiciary. Here, the government may be credited for upholding the Constitution. In many ways, this tussle in Pakistan will help settle larger issues for the country.
The second question — whether we are strengthening or weakening institutions — is something that is closer to Gen Kayani’s heart. Some analysts say that bringing the retired generals and scandals involving army officers to the courts will weaken the standing of armed forces in the eyes of the people. The media has also played a role in highlighting issues. They have hounded generals in question — with one former army chief attacking a camera man and interviewer and another former intelligence chief using abusive language on camera. This has hurt officers who see their superiors being ridiculed. But these things will settle.
In this, possibly, the answer is our institutions are strengthening. All pillars of state are performing their responsibilities with comparative independence and lesser interference. The judiciary is independent. The legislature, with all its faults, is somewhat relevant. And the executive does not look over its shoulder all the time. To add to this, the media is free. At least for the most part. As things stand, one can assume that with the tussles between the various pillars, each one will emerge stronger — and not weaker as some assume. Even the armed forces will come out of this exercise with a better sense of what is expected of them. Our only worry now is that this process should not be interrupted. We will emerge stronger from this in the coming days.
Published in The Express Tribune, November 12th, 2012.
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I think CJ should become the PM because he looks like an orator rather than a judge.
An excellent analysis. The fact of the matter is that for the first time in the history of Pakistan the military for their acts of omission and commission is being subjected to close scrutiny and severe criticism by judiciary and media respectively. In the past, the military manipulated both judiciary and media to its advantage and ruled or misruled the country for three decades. However, the recent cases involving retired Generals, fall out of OBL episode etc tarnished the image of the army to such an extent that Kayani like cornered cat decided to attack both judiciary and media. In any other democratic set up, the General should have been shown the door but Pakistan is different because here 'sab kuch chalta hai'. Military needs to focus on its primary duty of safeguarding the country from external and internal threats rather than indulging in image building exercise and white washing its dark deeds committed in the past. The present internal situation in Pakistan is far too grave to be ignored and the country is on the brink as the army despite all resources available at its disposal failed miserably in controlling militancy and defeat TTP who have so far killed thousands of innocent people and still continuing as military so far has not conducted any decisive ground operation against them but are relying on aerial bombardment which is totally ineffective in counter-insurgency operations as had been proved in Vietnam and Afghanistan conflicts.
I truly believe that Army's Role should only be limited to defending Pakistan. They have ruled this country for years and years. They all consider them above Law. Our civilian population is so much disorganized that army easily manipulates everything in their own favor. They are always seeking opportunities for justifying their coups. I got surprised to read that in Australian Army, there is complete corps composed of only civilians. These civilians check the routines of armed forces and give their recommendations on allocations of budgets. our army on the contrary has developed their own resources in addition to what they get from the government. They run markets / hotels / petrol pumps / factories and are earning easy money. This money is not spent on their soldiers but only on high ranking officials to fulfill their wishes. Army is getting richer every passing day. They have developed their own parallel state within state. The only way to check them is to ban all economic activities and control their budget. Until we do that they will continue growing in strength. Army Generals think they are the most patriotic people in this country. They simply forget that they are less than 1 percent of the entire population.
Very good analysis done but one query that is to be resolved is not mentioned over here. If the ex-army chief and intelligence chief was involved in any sort of exceeding from its limitations, what has been done for those politicians who were involved in this sin and damage to the national interest. So far the judiciary is silent on what action has to be taken against those politicians? This is in fact a discriminatory policy which the judiciary has shown in the recent decision of Asghar Khan Case.
If General's past mistakes are put under trial, then let the judges making past mistakes including chief justice be put under trial. Thier should be no holy cows.
which army chief attacked a camera man?
One should read the book Judicial Dictatorship by William J. Quirk and R. Randall Bridwell
Here is a wonderful excerpt from the book which is very applicable to the current situation.
"The Court, however …….. has made itself the major agent for change--one that operates without democratic check to accomplish ends that could not be achieved by democratic process
1)In my opinion,there are no environments under which the present process could be interrupted by any one.2)Beg and Durrani should be held accountable for allegedly breaking the law and constitution.3)In the past judiciary had not always acted as per the rule of law and constitution.Declaring military take overs, constitutional are case in point.4)Even now they have not always acted as per the rule of law and constitution by giving more of popular decisions.PM removal by an order is one such example and there are more.5)Now let us see,whether the three other top authorites of the state ie former President,ex COAS and ex Intelligence chief have been dealt with as per the constitution and law in a 16 years old case: a) Former late president has apparently been declared guilty without hearing.b) Without declaring the order of the late president unlawful based on cogent reasons,the ex president, ex army and intelligence chiefs have been found guilty of violating the constitution.c) One part of confessional affidavit of Durrani affecting him,ex army chief and the late president have been accepted while the other part of giving money to politicians have been given to investigating agency.Why discrimination?.Due process as required by Article10A of the constitution may have been violated.d)The armed forces have been incited to disobey an order and prevent unlawful actions of subordinates if someone considers it unconstitutional.The foregoing may be against some provisions of the PPC.So another law may have been breached.The judgement could have been within the ambit of the order of the late president ie to distribute donations amongst politicians .Why and what for it has been converted into a statement applicable to all armed forces with serious and dangerous implications for national security?.e) If the ex president,ex PM,ex army chief and an ex intelligence chief are not purportedly be treated as per the rule of law and constitution,what about ordinary people?. 5) Now again the questions: are we promoting the rule of constitution and law and are we strengthening or weakening the institutions?.Could we consider the issue that no one institution or individual has the right to decide about the national interest?. Perhaps we have to assess it individualy.
Those in uniform craving public support must immediately resign their posts and contest elections. This will not only test their support base but also cleanse the armed forces of political creatures hiding in the ranks. I have never seen the Military of any country asking for public support to do their jobs. I can see a hidden agenda that the Army wants to transcend the boundaries within which it should legally confine itself as per the Constitution.
Like an Onion the veneer of teflon coating is being peeled from the uniform layer by layer. This is causing acute discomfort to those who are masters at creating a mirage. Slowly as one misdeed after another gets exposed the reaction could be hasty and unpredictable. Self appointed Gods are always destined to bite the dust.
I think that now the time has arrived to question our uniformed establishment to ask who founded, funded and provided weapons to the extremists elements in Pakistan who are destroying the whole society through use of excessive target killings of the opponents specially the shias throughout Pakistan. As a result of these policy adopted by them made these extremists so powerful that even the popular governments, if though want, are not capable to address this issue of secterianism, due to masses support to these elements in the name of religion Islam which was supposed to means 'PEACE'
No body is above the law.It does not matter whether you are a general, big beurocrat or big businessman.In USA, General David Petreaus just resigned because of his extra marital affair because he wanted to save his skin from all these big investigations coming after him. General Beg should learn lesson from this example.He should be humble now. He is not above the law of the land.
"This has hurt officers who see their superiors being ridiculed "
This indicates the mindset of Army officers who feel hurt when their superiors read Generals ( irrespective of their wrong doings ) are questioned or ridiculed .despite these generals have been found guilty by the Apex court This mindset which has been evolved over a period, is one of the reason for assuming themselves some one who are not accountable. This is definitely not strengthening the institution or the rule of law . Better army officers understands it earliest.
The higher officials are the ones who should be prosecuted the most. It actually raises opinion of the military if you're consistent. It shows that your military men are held to high standards and that dishonorable action will not be tolerated. That has the added effect of the people respecting them, appreciating them and giving them the benefit of the doubt in chaotic times. The view becomes that if you're still in the military, it means you were held to high standards and meet those high standards because if that wasn't the case, you wouldn't be wearing the uniform. It's also not an isolated effect. It involves those in the highest ranks right down to the lowest ranks.
I hope that the optimism is well founded. At this point things can go either way and it is really upto Pakistani people which road they choose - greater institutional strength or weaker institutions, vigilantism and Talibanisation. I hope that the people choose the former for their sake a swell as ours.
Army is the only institution which has consistently overstepped its bounds that are defined in the Constitution. So it has no right to lecture any other institution that does the same. Do the generals really believe that in the era of broadband they can continue to be a state within a state, and unaccountable to the very tax payers that pay for their salaries and fat perks?
Why should media and judicial scrutiny of Generals make institutions weak? If Kayani believes so then he doesnot understand democracy and doesnot deserve to serve in a democracy. Recently in India, Gen VK Singh ( retired a few months earlier) and the serving Vice Chief of Army and another General had to stand in front of the Delhi Metropolitan Magistrate's office to get bails to avoid arrest! This is hardly news in India - but it didnot weaken the army - it strengthens the army as The People who are supreme want it to cleanse itself continuously. In the end Democracy is strengthened.
To your closing sentence I say. Amen.
so dear writer you are of the opinion that for a morale of forces we should not question any X service men whether general or officer involved in corruption.. if its the case then we better leave politicians, police force etc untouched for what so ever corruption they commit on grounds of morale impact .The scared cow guys think that they are above law and they should be treated above the law . For instance Gen Beg said that he cannot be questioned by parliament shows the badly infected mentality of public paid servant .Even the pension he draws today is the money that people pay in taxes and he thinks he is above the law .
Law of rule should be implemented across without any discrimination .Its better to have a a society where with sense of rule of law then to have an army of scums who think they are above law .
No one is to be spared if found guilty . Enough is enough .. these people have ruined the very foundations of this country for which they were responsible to protect .
"Some analysts say that bringing the retired generals and scandals involving army officers to the courts will weaken the standing of armed forces in the eyes of the people" So solution is to ignore excesses of the military and only hound civilians because the most important thing for Generals is to remain popular and be worshipped by the masses? Are these guys ego maniacs? Perhaps they should start by watering down on the self idolizing propaganda that is fed to them from PMA onwards where they assume that they are Gods gift to Pakistan and that everyone else is inferior.