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Friday March 29, 2024

Aftermaths of ‘Doctrine of Necessity’

By Akram Shaheedi
July 26, 2017

Head of PPP Media Cell

Supreme Court has reserved its judgment in the Panama case that will be announced at a time considered appropriate by the apex court. However, the attention of the entire nation is evidently focused on the outcome of the very high profile case because it is going to impact every facet of national life like in other countries in similar situation. For example, the American Supreme Court’s judgments played an important role in strengthening the US fragile Federation during the phases of its history. In our case, ironically, the “Doctrine of Necessity” had proved as an instrument of impacting the quite opposite by emboldening the usurpers to topple the elected governments to fulfill their personal political ambitions, thus inflicting irreparable losses to the nation in various forms and manifestations. The nation had not fully recovered yet from the resultant aftermaths.

The forthcoming judgment by an independent judiciary may prove as catalyst for determining country’s upbeat standing in the international community that is monitoring the developments closely. The judgment may wishfully pour cold water on the schadenfreude of the enemy countries and enemy within as the post judgment period of the country may strengthen the democracy and the rule of law. Our friendly countries may heave sigh of relief on the nation coming out of the crisis unscathed and more confident of its future. Pakistanis are though anxious but are not frightened because of their full confidence in the apex court. Their dream of establishing rule of law and accountability across the board, with no sacred cow, may come true sooner than later. The sprawling of the culture of illegality and impunity may become the relic of the past. People, after all, deserve justice and fair play because they have had borne enough of sufferings attributed to the curse of discrimination, corruption, cronyism and elitism.

The fatal blow in this count commenced with the “Doctrine of Necessity” in Maulvi Tameezuddin case that had played havoc with the destiny of the nation as the country remained embroiled in back to back political crisis. The ‘Doctrine of Necessity” also paved the way for the successive martial laws in the country each caused bigger disaster than the earlier one so far as the ideological, socio-economic and human rights developments were concerned. The process of national integration suffered huge blow as a result. The people of this country had been hoodwinked during a number of times in the past by the tyrant rulers considering them as the children of lesser gods. Their empowerment and representation in the governmental affairs was generally inconsequential because of the sham representative institutions introduced by them to consolidate their hold instead of social cohesion.

The martial law of General Ayub Khan eroded the basis of national unity between the then West Pakistan and the East Pakistan when he abrogated the constitution of 1956. The resultant political and economic alienation of the East Wing led to the emergence of Bangladesh and the country was dismembered eventually. General Ziaul Haq’s martial law was also entrusted with powers to amend the constitution unilaterally who mutilated the constitution and the politics of the country beyond recognition. He pressurised the judges of the apex court to uphold the death sentence of Shaheed Zulfiqar Ali Bhutto known as “Judicial Murder”. The presidential reference in this regard is still pending for adjudication by the Supreme Court since 2011. Had there been no “Doctrine of Necessity” the military rules might have not imposed on the country in the first place? The evils of abrogation/suspension of the constitutions, secession of the country, terrorism, extremism, sectarianism and culture of gun and drugs including wresting of Siachin by India, would have not occurred. The nation might have saved itself from the ravages of Afghan war as well. General Zia’s legacy had indeed shattered the very fabric of the society to the extent where ‘villains are showered with rose petals and heroes with bullets.

The cascade of nightmares of the Maulvi Tameezuddin case did not stop there. The dictatorship again made its despicable entry in the country’s politics when in 1998 General Musharraf dismissed the elected government on the familiar and frivolous grounds. It may be pointed out that the governments sacked by politically thinking generals had the requisite majority in the respective parliaments. His much boasted accountability proved as the mega hoax because he used it to hound and intimidate the elected parliamentarians to bring them in the fold of “King’s Party” to form the government as he was falling short of number game. The manipulation was both condemnable and contemptible. The General inflicted yet another humiliation on Pakistan when he engaged in the Kargil debacle without the knowledge of the constitutional and legitimate authority of that time.

It is fair to conclude that the dismemberment and the territorial losses of the country would have not been inflicted on the nation if dictators, under the cover of Doctrine of Necessity, had not taken the reign of the country. For, all territorial losses were the abject legacies of the dictators because not a square meter of territory of the country was ever lost during the civilian/elected rulers as no war was fought during their watch with India. Instead, lame duck Prime Minister Feroz Khan Noon added Gwadar in the landmass of this country. Shaheed Zulfiqar Ali Bhutto retrieved thousands of square miles of territory from India which was occupied by the enemy during General Yaha Khan’s tenure. It may be valid to infer that the political mess the country had been undergoing throughout was largely the bi-product of the “Doctrine of Necessity” that served as springboard for the dictators to take plunge in the forbidden domain resulting in national disasters. The nation had been grappling to recover from the appalling aftermaths of the then Supreme Court judgment titled “Doctrine of Necessity”.

By the grace of God, and with the unparalleled support of the people of Pakistan, judiciary had attained independence after the exit of the dictator General Pervez Musharraf who had the shameful audacity of not only packing up the entire Supreme Court but also incarcerating the honourable judges at their residences during his last days. Although dictators had withered away in the sense but their reminiscent in the form of mindset was still prevalent and refused to back off. Such toxic inclinations were to be equally muted down with the political and enlightened social resistance. The people and the political leadership were indeed vigilant to deny the space to carry out the mischief.

The major responsibility of calm and tranquility during the coming days, of course, lies on the shoulders of the politicians of all shades who may conduct themselves in objective and rational manners whatever the judgment of the Supreme Court may be. They may not lose the sight of defending and strengthening the democracy considering its indispensability for the country and the federation and indeed the only way forward to ensure promising future to the people of Pakistan. They may also inculcate the same spirit among their workers and supporters directing them not to take law in their hands. The tendency of imposition of self-righteousness may not sway their sense of proportion because it is not tenable and is indeed self-defeating for being against the democratic ethos.

PPP and its leadership will not put the political system in dangers no matter what because democracy and its continuity has been the cornerstone of its ideology. Its unequivocal commitment stems from the martyrdoms of Shaheed Zulfiqar Ali Bhutto and Shaheed Benazir Bhutto including of its workers who nurtured democracy with their blood in the face of ferocious dictatorship of General Ziaul Haq. It did not align with the extremist political forces in 2013 for the same reason. PPP stood like a rock in the way of sit-in politics and unravel their reckless endeavours to derail the political system with the alleged covert support. The PPP leaders instead galvanized the support of other pro-democracy forces to foil the conspiracy thoroughly and comprehensively. The then joint session of the Parliament convened at the advice of the PPP leadership took the wind out of the sails of the sit-in politics enough to drown them in the political tempest of their making.

PPP’s demand of the resignation of the incumbent prime minister makes sense in the same context of saving the system and its continuity. It may be put in jeopardy if the prime minister digs in his heels thus opening the flood gates of confrontational politics wrought with dangers to wash away democratic edifice altogether. PPP’s demand seeks to keep the system treading on the upward trajectory of democracy. The commitment of the PPP stands out as it clearly and firmly maintains that the present assemblies should complete its tenure and elections should be held in 2018 after the expiry of their constitutional term.

PPP’s impeccable and singular credentials for the restoration and continuity of democracy are the shining example of the democratic struggle in the country. This unblemished track record explicitly implies that the PPP will never let the sun down on democracy in the country. Democracy is non-negotiable for the PPP and its powerful presence in the country’s politics is indeed a source of great satisfaction for the people and democratic lobby in the country. It is the considered view of the PPP that the resignation of the prime minister will disarm the anti-democratic forces as well as the impetuous ones those are desperate to make their entry in the corridor of powers. They must not succeed to have last laugh. They will not succeed because PPP is standing firm to outstrip them.

muhammadshaheedi@yahoo.com