Law of exclusion

The new law being drafted by the government to check corruption under NAB will continue to exclude military officers and judges from accountability. In the eyes of many, this makes the new law incomplete and potentially ineffective. But there is a history to the problem. When NAB was first set up in 1999, its mandate was interpreted as covering the members of the armed forces and the judiciary as well as those holding public office. However, this quickly created problems. The treason case against Musharraf, ironically enough, is also being cited as one of the reasons why the government wishes to steer clear of controversy and has limited the law to those who hold public office. This includes all who serve in political positions and in an official capacity as officers at the provincial and federal level.
It is easy to see why the government at this time, when there is a perception of tensions between the civilian and military establishments, would not wish to create any further strains. But the problem is that our country badly needs a truly effective method of accountability. It is quite obvious that judges and generals need to be treated like other citizens and must not stand above the law. If they are excluded from any possibility of being questioned or investigated for any wrong they may have been suspected of committing, we will never be able to clear our country of corruption. The military and the judiciary are not exempt from those who engage in illegal practices even if these persons are in a minority. The matter has been discussed in the Senate, and there will no doubt be further discussion on the issue. But the point to be made is that we need to recognise that the law must be equal for each and every citizen in the country. Indeed, all those who hold positions of particular importance are under a bigger responsibility to ensure they abide by the law of the land and also the oath of office that they take. Over the years, it is clear there have been some exceptions to this for fear of stirring up a hornet’s nest in this country of many untouchable persons and entities. It is time this ended. How precisely the government is to achieve this is something for the leaders to work out.