Rabbani – the odd man out

ISLAMABAD: Senate Chairman Raza Rabbani continues to embellish his impeccable democratic credentials without paying any heed to political expediency.

The latest instance transpired when he dubbed as unfortunate the accord among parliamentary parties on the renewal of powers of military courts to try civilian terrorists. “I am pained at what is happening.”

Back on Jan 7, 2015 he had burst into tears while voting for the similar amendments in the Constitution and Pakistan Army Act as he has been a strong opponent of military courts. He had voted for these changes as per the decision of his Pakistan People’s Party (PPP). “I have been in the Senate for more than 12 years, but have never been as ashamed as I am today and I cast my vote against my conscience,” he had said, sobbing.

Now when again this issue cropped up for revival of the same authority, he noted that the Senate Committee of the Whole had taken steps before the cut-off date for these courts mentioned in the sunset clause of the constitutional amendment. But no headway had been made. He hoped that the situation would not be the same after two years when the present amendment would expire on Jan 6, 2019.

However, Finance Minister Senator Ishaq Dar expressed the hope that Rabbani would not be absent the day the Senate would do this legislation. Military courts were never a priority of any political party, but the decision had been taken in view of the peculiar law and order situation, he said. Pakistan is facing enormous challenges and operation Radd-ul-Fasaad has been launched after Zarb-e-Azb as there was no other choice.

Decorating his democratic record earlier, Rabbani along with National Assembly Speaker Sardar Ayaz Sadiq had got constructed a monument in the Parliament building lawn to pay tributes to unsung heroes of democracy. The two jointly unveiled it a few days back. On the occasion, they vowed to work together for supremacy of the Constitution, rule of law and strengthening of the democratic system.

The society can’t flourish if it doesn’t remember its heroes and those who rendered sacrifices for the cause of Pakistan, its values and democracy.

In the past, the state disfigured those sections of the society which were instrumental for the cause of rule of law, the constitution and the parliament, Rabbani stated. It is the duty of the chairman and the speaker to do something to pay tributes to these segments of the society.

A few weeks back, Rabbani had written in an open letter that the current system of accountability has failed to curb corruption, and suggested to establish a Federal Commission for Accountability (FCA) to deal with the menace.

"I am using this tool of communication, which is not very common, due to the constraints of my constitutional office. This system of accountability has fallen apart wherein any attempt to amend it, in patchworks, will not work. All anti-corruption agencies, including the Federal Investigation Agency (FIA), National Accountability Bureau (NAB) and anti-corruption establishments have failed to yield desired results,” he noted.

Rabbani stated that there was a strong perception that the NAB was only tightening noose around petty suspects, ignoring mega corruption cases. Therefore, the creation of a statutory, independent body to oversee all aspects of corruption is need of the hour.

He had unveiled the roadmap for the proposed FCA, and said that with its inception, all other parallel forums of accountability should cease to exit. Forums for disciplinary actions and other related matters for persons belonging to judiciary, armed forces and bureaucracy will remain functional. However, accountability will be the exclusive domain of the FCA.

The chairman also wrote that once formed the FCA would decide matters placed before it within 30 days. He stated that appointment of the FCA chairman would be discretionary power of this body while heads of the provincial commissions would be appointed by the FCA chief.

About composition of the FCA, Rabbani proposed that it would consist of a sitting Supreme Court judge to be nominated by the chief justice of Pakistan, a member from the armed forces -- not below the rank of lieutenant general -- to be named by the Joint Chief of Staff Committee chairman, a Grade-22 civil servant, a police officer and a member of civil armed forces to be selected by the interior ministry.

The FCA would also include four members one each from bar associations, human rights activists, media and professionals to be selected by the chairman, the speaker and chief justice of Pakistan. The nominations will be ratified by the Senate, National Assembly and judicial commission. The FCA would also include four MPs, equally from both chambers, which would be named by the chairman and speaker. The MPs would elect the FCA chairman for a three-year term, which would be ratified by parliament within 45 days. There would be a bar on the MPs and members of armed forces on becoming the FCA chairman.