Setting the record straight

Judgments don't stop coups, intrigues or armoured vehicles. But, it may have become slightly more difficult to do so.

It is said that the advantage of being a cynic is that one is either proved right or pleasantly surprised. The Supreme Court has passed a short order in the Asghar Khan case and declared that the formation of the IJI by the military establishment to ensure a handpicked government comes to power was unconstitutional. Further, there are clear directions in the short order to prosecute the then-army chief, the director general of the ISI and all politicians who received the illegal payments. Well, many of us have been pleasantly surprised.

The judgment is indeed historic in more ways than one. The Supreme Court has clearly and in unambiguous terms held that the Khakis have no role in politics and they have in the past breached the Constitution in manipulating elections. It is impossible to overstate the significance of this. The delight is not so much from hearing it, since most of us knew that for some time and even the generals involved were arrogant enough to repeatedly say this. It is from hearing the Supreme Court say this. Take a bow, My Lords. Air Marshal Asghar Khan and his brilliant lawyer Salman Akram Raja deserve our gratitude.

I do not want to be a spoilsport here. However, the order could have at least expunged the service record of the two generals and asked for all retirement privileges to be withdrawn immediately. Similarly, asking the federal government to investigate, while perfectly legally justifiable, deviates from the standard practice of the past few years, during which the Court has left very little to chance. Perhaps, a judicial commission could have been formed. We have seen the Supreme Court can, when it wants to, send elected prime ministers home without referring to the Election Commission of Pakistan. Continuing with the nitpicking, one may disagree with the conclusion that these were individual acts and not of the army and ISI as institutions. Especially since it reflects very poorly on the succeeding army and ISI chiefs who never thought it fit to have the matter investigated and clear the names of their institutions. The bringing in of the president’s role and political activity also is slightly discomforting. Since for sometime at the end there was the impression that the primary focus of a case where BB was illegally and unconstitutionally defeated was on president Asif Ali Zardari who, if anything, is a victim of the IJI; even if vicariously. The sceptic would still find cause for alarm on the observation on the dual offices of the president, which was originally not an issue. Nevertheless, much can be forgiven today. However today is not a day for cynicism; the Supreme Court has ruled against the chief of army staff and the DG ISI; Malala is on her way to recovery. We do not get many such days.

The onus is now on the federal government to prosecute the generals for treason and investigate the politicians named. I respect the senior citizens as much as the next person, yet I say without any feeling of guilt that seeing General Aslam Beg and General Asad Durrani behind bars would be a very happy moment. The coalition federal government has been weak in taking on the military establishment so far. However, with rejuvenated hopes I assume that the Court will be as vigilant and demanding as it was in the NRO case to ensure that the judgment is enforced in “letter and in spirit” and if the government displays reluctance to lock the two rogue generals, the Court will undoubtedly take matters in its own hands and do the needful.

Coming back to historical significance, the 1990 election was rigged, stolen; it is official now. The generals and the politicians involved did not only breach the Constitution, they betrayed us as a people. All politicians involved should be investigated. The heaviest burden lies on Mian Nawaz Sharif, the opening batsman of the IJI. Mian Sahib, if you have anything to apologise for, there is no time like now. Shaheed Benazir Bhutto stands vindicated today. The implications of this judgment are fairly severe, namely that Mian Nawaz Sharif cheated his way to first become the Prime Minister of this country. For starters, Mian Sahib should volunteer himself for accountability. All member parties of the IJI and their leadership owe an apology to the people of this country. Truth before reconciliation. Otherwise, a lot of lofty talk on “rule of law” and democracy would become nonsensical and dishonest.

The most heartening aspect of this judgment is that there is still hope for the history of this country to be corrected. The Asghar Khan case is a big milestone. However, there are many more on the road past. Mr Nasim Hasan Shah, one of the judges on the bench in the Zulfikar Ali Bhutto case, has already said on record that the verdict was delivered under pressure. This is admission of complicity in murder. Let him be summoned to court and at least publicly apologise. The Court has rightly observed that orders from superiors form no basis for violating the Constitution. There are many generals from the Zia and Musharraf eras who are still around, many have now reinvented themselves as champions of democracy, who should be summoned and tried and punished, even if they are to be token, symbolic punishments. General Hamid Gul takes indecent pride in his role in forming the IJI in furtherance of ‘national interest’ and if he is fit enough to attend and address DPC meetings, he should be able to stand trial. Then, there is the murder of BB and Nawab Akbar Bugti.

I know a lot of this is wishful thinking. The generals are unlikely to be imprisoned. However, it is a pleasurable imagination. And for once, it is for good reason. The short order of October 19, despite our little disagreements, is a good reason to be hopeful. Judgments and pieces of papers do not stop those mounting coups, their intrigues or armoured vehicles. However, it might have become slightly more difficult from now on for anyone to do so in the future. Here is to hope.

Published in The Express Tribune, October 21^st, 2012.