WHILE
in Pakistan, I talked on phone to Nawaz Sharif,
chief of Muslim League (N), at Islamabad a day
before he extended his support to Pakistan People’s
Party (PPP). His demands for a coalition were
two: one, reinstatement of the 60 sacked judges
and, two, the re-enunciation of military role
in Pakistan to bring the force at par with India’s.
He assured me that he would make no compromise
on what he defined as the “basic.”
I found Nawaz Sharif sounding quite confident.
Nawaz Sharif’s joint press conference
with Asif Ali Zardari, co-chairman of the PPP,
was categorical on the restoration of judges.
They will be reinstated within a month of the
National Assembly’s first session. Probably,
an executive order can give back the sacked
judges their job. However, there was no mention
of military’s role at the conference.
I do not find any difficulty in the judges getting
back their job. But there may be a problem about
the reinstatement of Chief Justice Mohammad
Iftikhar Chaudhary because a new Chief Justice
is already in the chair. He may step down voluntarily
to accommodate Chaudhary. Otherwise, it would
be a tough question to sort out. Still, the
bigger complication is the reconciliation between
Chaudhary and President Pervez Musharraf who
is to administer the oath of office to the Chief
Justice. Chaudhary and his family have been
treated as criminals, confined to their home
for nearly six months. On the other hand, Musharraf
has not stopped running down Chaudhary. How
can there be a meeting point?
With Musharraf’s resolve to humiliate
Chaudhary, things do not look working between
the state’s head and the judiciary’s
chief. Musharaf is having revenge from the judiciary
and the bar which has brought about the emergence
of political parties. But he should realise
that if the restoration of democracy was his
ultimate goal, the lawyers’ agitation
has brought it nearer.
Nawaz Sharif’s second point on the military
is not even under discussion. True, Zardari’s
stand is different. He can live with the military
as he can with Musharraf. My feeling is that
the martyred Benazir Bhutto would not have agreed
to this position. Since Zardari heads the party
at present, his word would count. Nawaz Sharif’s
views are different but, maybe, Zardari has
assured him that the military role will be attended
to in the National Assembly. He should realise
that downgrading of the military is so important
for democracy that the change should be seen
and felt by the people. The National Assembly
is a good forum, but the military would not
like the dirty linen to be washed in public.
It is difficult to visualise a Pakistani army
chief giving up the authority and power he has
wielded for more than four decades. It also
means losing 70 per cent control over commerce,
business and industry, a vast empire that the
military has built. What happens to defence
colonies, built on the land given free of cost
to the top brass? The whole of Pakistan and
its thinking would have to undergo a complete
change if the military is to be reduced only
to the role of defending the country as is the
case in India.
No doubt, Pakistan’s army chief Pervaz
Kayani has withdrawn many officers from top
civil positions. He has also promised to keep
his force away from politics. But he has also
said that he has not distanced himself from
President Musharraf. The day he distances himself
from him will be the day when the process of
transferring power to the political set up begins.
This tangles the situation because Musharraf
is going to face the charge of ousting the elected
Prime Minister Nawaz Sharif through a coup.
The presidential spokesman, Major Rashid Qureshi,
has said that Musharraf intends continuing “serving”
the nation. How can he legalise his rule which
was palpably illegal? The use of word, serving,
is irritating because if ever history records
the role of Musharraf, it will be in unpardonable
terms. Nawaz Sharif has made no secret of his
endeavour to put Musharraf on trial. This may
not be to the liking of Zardari. The fragile
coalition may come under more pressure and one
does not know the outcome if there is no amicable
settlement. At least, General Kayani should
distance himself from Musharraf because if he
doesn’t it may create a piquant situation,
not to the benefit of either the military or
civil
I can see a legal and political battle building
up. When Musharraf got elected as President
by the last assemblies, he was still in uniform.
A candidate for the office of President cannot
be in uniform, says the constitution. The matter
is still pending before the Supreme Court which
may be presided over by Chaudhary. He had given
a landmark judgment against emergency rule before
he was sacked and house arrested. What will
be his verdict on Musharraf’s election
is not known, but it is bound to create an uneasy
situation.
It is also difficult to predict how the army
would react to parliament’s move to reinstate
the sacked judges, including Chaudhary, and
how General Kayani would respond to the move
Parliament will initiate to undo the constitutional
decisions Musharraf took. Parliament will need
to restore its prestige. So will be the judiciary.
Both will tell upon the position which Musharraf
and the military enjoy at present.
In a democratic structure, there cannot be two
parallel lines of control. People’s representatives
have to be at the helm of affairs, answerable
to those who elect them. So long as the military
has a say in formulating policies, domestic
or foreign, Pakistan may not be considered a
democracy. True, there is a National Security
Council which has the executive and the three
wings of military as its members. But the power
the council has enjoyed so far is far more than
allowed in a democratic set-up. Parliament has
to be supreme, not the National Security Council.
Both Nawaz Sharif and Zardari have got an opportunity
to take the country on the road to people’s
raj. That the two have been able to persuade
Fazul-ur Rahman, once the head of the religious
parties, and a dynamic democratic Afsghar Khan,
leader from the NWFP, augurs well for Pakistan.
Together they can put the country back on the
rails. They have a lot to do and that requires
unity of purpose and action. Yet, if any of
them tries to monopolise power to the exclusion
of others—the bane of Pakistan—the
country may go back to square one. Then even
its ardent supporters may lose heart. The coalition
of different parties is on trial at the moment.
They must not fail Pakistan.