We the people of Pakistan are once again being positioned on a collision course that will lead to dire consequences. The blackest day in the history of Pakistan was May 2000 and not Nov 3, 2007 -- The dark night for eight years sustained, once the doctrine of necessity was mercilessly used by the Supreme court to legitimise the Generals' long night. Instead of standing for freedom, they helped subtraction of an elected PM. In May 2000 judgement, the Judges unanimously accepted something that they have been doing for 52 years of our survival. To accept all mistakes of the past as lawful but one of Nov 3 action as exception is vendetta gone wild by Justice of Iftikhar Chaudary's court. Pakistan's Supreme Court had ruled that last October's military coup was legal but set a three-year deadline on a return to civilian rule.
This vendetta is a horrible example of picking and choosing 'years of Justice' as legitimate under one court and not under other. 'Doctrine of Necessity' the nemesis of Pakistani democracy and freedom will be resuscitated big time by the present decision of the CJP. This choose and pick' upcoming 'Judgement ' will set wrong precedents. It will not in any way help future interventions, like the Asma Jilani case another civilian leader will take on 'every one,' another 'civilian leader' will like to opt to put the hands deep in the till, and we will see another marching general and another lot of subservient judges who will endorse the coup as peoples will. We are victims of these corrupt Generals and Judges. On 13/10/1999 when Musharraf took over I wrote in condemnation of the takeover 'on line' to my US audience:
''To: Joe Rack
10/13/1999 5:46:00 AM
From Kkahn of 50150
''This is shocking, military actions in this day and age are not condonable, no one can condone it, this was nothing but 'broad day light banditry' and 'hi-treason' in my opinion. This is condemnable. We need immediate installation of a civilian set up (AS MUCH CRIPPLED IT MAY BE) and need army to back to barracks. This trampling of 'constitution' makes me feel so poor, depressed and annoyed that 'why us only in the world can go to these extremes' this is making mockery of what we call constitution.
Whatever the reasons, the generals with heavy boots have killed the nascent democracy in the bud that we Pakistanis were trying to build. They should realize the economy is 'bad' because 600,000 standing army needs 8% of the GDP and that cannot go on forever. To cut the last pound of flesh and demand from politicians to keep begging for more is not going to work. This time around the hardest hit will be their own interest, no one trusts our commitments and no one like this belligerency in our attitudes. The economic impact of this action would traumatise the country for long term. What can I say I am ashamed that I have to see this today, I wish as a nation we could have had little tolerance, little love, little forbearance and less of this urge to keep fighting a futile battle for nothing, that is destroying us..''
The blackest day in the history of Pakistan was May 2000 and not Nov 3, 2007 -- The day, when after nearly 12 years of uninterrupted civilian rule, the Supreme Court unanimously validated the October 1999 coup and gave Musharraf legislative and executive authority for three years. In June 2001, Musharraf declared himself president and is sworn in. The unanimous opinion of the 12-member court was that the overthrow of the government had been justified because of corrupt and ineffective ''one-man rule'' by Prime Minister Nawaz Sharif.
The decision was read by Chief Justice Ershad Hassan Khan, that included Justice Iftikhar Chaudary, the present Chief Justice who, like the other judges, swore a loyalty oath to the military government two months ago, just before hearing arguments in the case.
The present Judges did not agree with me on that day when democracy was murdered. They gave Musharraf a carte blanche, yet after nine years of Rip van winkle of a sleep they have now decided to take that living dictator on. They were responsible for the long night of Musharraf's dictatorship; Pakistan was raped as a result of this decision of the Supreme Court on May 2000 condoning dictatorship as the will of people.
These champions of democracy were the champions of dictatorships when it mattered the most. That judgment contained a highly controversial paragraph in which against conventional wisdom the Supreme court not only validated Army rule but endorsed it as public demand. How can the present so-called self aware CJ remove the black spot from his face?
Like Doogar's daughter's case, one obvious missing link is the CJ's son's case, whose admission to Bolan medical college, inspite of being a third division candidate, remains the foundation of the Presidential reference which has not been addressed.
Also Justice Jawed Iqbal's two 'unmerited' daughters' entry into Peshawar Medical college filed as sticking point highlight corrupt Justice too incompetent to hear Judicial reference by the then-deposed Chief Justice lawyer Aitzaz Hussein, would need to be revisited and decided upon. The judicial elimination of Zulfiqar Ali Bhutto needs to be revised too, but would the present Supreme be able to bring Bhutto back from the grave? It was for this reason BB and NS decided that in the charter of democracy PCO Judges will have no role to play in the future judicial set up of the country. Let's apply the charter of democracy in full and to the letter and intent.
Yesterday Punjab Chief Justice's statement to the media that ex-President Musharraf has seen good days and now will see bad days is condemnable and unbecoming of a straight Judge. This is nothing but vendetta and will lead to disastrous consequences.
Lilies will die if the pond is cleaned. To clean the 'Augean stable' of 'The Pakistani Supreme court decisions' will be a Herculean task so leave it to posterity. If they cannot bring Bhutto back alive, they should not open the case. Let them declare that precedents set by all decisions so far are no longer valid, else they will need to revive and rewrite hundreds of decisions made by them. Is it logical that just to settle scores with Musharraf Pandora boxes are being opened? A lot of water has passed under the bridges; this is asking for new problems; we need revival of the nation. If Chaudary ducks the question that he under oath made the mistake of the May 2000 decision that legitimised Musharraf, he the ex-dictator will build a similar contention. A mistake by Chaudary is pardonable but not one by Musharraf; that is no justice. Let's hang Nasim Hasan Shah for Bhutto's judicial murder. If the Supreme rewrites and eats its own worthless and highly controversial decisions, the controversies shall never end.
Bhutto, in any case, is a martyr in the eyes of the people. These were full grown men and giving decisions that left the albatross tied to the neck of Pakistani people, now how can they become champions of democracy when they are products of a corrupt dictatorship incentive based system of judiciary? Let's start a new page and let's have freedom. 'Iss hamam may sub nangey hein.'