More equal than others

Politicians, their sons are corrupt, cry foul on being prosecuted, but sons of My Lords are genetically incorruptible.

There is a lot of talk about the volatile, unpredictable times that Pakistan lives through, although sometimes it does feel that the problem might be the exact opposite; it is too predictable. The investigation of Dr Arsalan Iftikhar’s case has been moved from NAB to a one-man commission, also given judicial power. The cynic stands vindicated once again. The initial hope or wish that Dr Arsalan’s case would be treated on a par with other high-profile cases was never very convincing. In any case, that is settled now, Dr Arsalan will not be treated as your ordinary corrupt politicians and will get what he asks for. Never mind Moonis Elahi objecting to the official/s investigating him and the Court being firm on the point that there was only one particular, honest, upright individual to conduct the investigation and if the young Chaudhry (Moonis, I mean) doesn’t like it, well tough luck. Similarly, Ali Musa Gilani complaining about those prosecuting him had no chance really. The principle seems obvious, we know that politicians and their sons are corrupt and will of course cry foul on being prosecuted, whereas the sons of My Lords (especially the Chief Justice) are genetically programmed to be incorruptible and it is only fair that they be treated differently and with more compassion. This unfortunately seems to be the situation.

The Doctor firstly objected to the joint-interrogation team (JIT) constituted to investigate the allegations against him. After which the Chairman NAB decided to dissolve the JIT and decided to probe the issue himself. However, Dr Arsalan, it seems, is hard to please and filed a review petition in Court to voice his dissatisfaction. The Court honouring his complaints has now set up a one-man commission to adjudicate. There are various implications of the decision primarily that the Court feels that no investigating agency (even if it is to be other than NAB) in the country is good enough to investigate Dr Arsalan and a special procedure needs to be adopted. This whole business of appointing commissions is a shabby one and especially the appointment of a one-man commission is unnerving.

There are broader institutional ramifications of this lack of confidence in investigating agencies. The Supreme Court, in its quest to dispense justice unfettered by legal compulsions in certain cases, is inadvertently weakening institutional credibility. A salient example of this tendency is the sending home of PCO judges without recourse to the Supreme Judicial Council, hence rendering defunct the only body empowered to terminate the employments of the judges of the superior courts (was that not what the Lawyers’ Movement was all about). It might seem a low blow to mention that many of My Lords may have been guilty twice here, firstly in having accepted PCO oaths for themselves in the past. Secondly, of doing exactly what their grievance against General Musharraf was. On a completely separate note, courage like faith when discovered late in life does seem to present boundary issues.

The suspension of the membership of members of parliament and even the sending of a prime minister home without bothering with the tedium of involving the Election Commission of Pakistan is another representative example. These examples make for serious reflection on whether the Supreme Court only despises the present federal government (which it clearly does) or is it a deeper dislike of the democratic ethos and practices themselves. The Court has now reached a point of self-righteousness where it is not prepared to leave anything important to any other institution or body, even if it requires being independent of the Constitution.

Faisal Raza Abidi is a name that it seems has become discourteous to take in the same breath as My Lord, the Chief Justice. Senator Abidi does undermine the project of those of us who are less gifted in the art of being hysteric and still want to undertake a balanced and somewhat temperate critique of the Court, yet he is impossible to ignore now. Even if Senator Abidi is to be tried and convicted of contempt due to his manner and tone, that should not in itself discredit the substance of what he says. This brings to mind an uncomfortable analogy, namely that of the letter written by Naeem Bokhari and the subsequent reference framed by the Musharraf government along those lines. Undoubtedly, Mr Bokhari did not have the reformation of the judiciary at heart or any noble motive and the subsequent manner in which the Musharraf government conducted itself was thoroughly graceless and idiotic and the lawyer community rightly resisted, and did so forcefully. Yet, when all is said and done, it does occur to one that the substance of the allegations in that reference was never really addressed or refuted at any point. Like Senator Abidi, the focus was on the way it was said rather than what was said, and the focus was completely justified at that point. The court order of restoration dealt with the procedure and the Supreme Judicial Council was never convened to probe into the allegations.

Admittedly, My Lords do not have to respond to everyone who decides to come up with frivolous accusations. Yet, the pessimist still might say that My Lord won on points, perhaps a technical knockout. My Lord does not have to give an explanation, yet one would think that with all the high-minded talk of morality and transparency he would not have a problem with silencing these slanderous, rumour-mongers once and for all. Perhaps, keeping in view the fashion of the day he can even constitute an independent commission to probe exhaustively and publicly into the allegations against him, which we already know are untrue, still it needs to be done to shut up the non-believers. In doing so, he will communicate that he has nothing to hide and become above reproach and then continue with his crusade of saving us from these corrupt politicians and lead us into a golden era of unprecedented prosperity and glory under the all powerful, ever watchful and paternal eyes of My Lords.

Published in The Express Tribune, September 2^nd, 2012.