Asghar Khan case – military feathers have been ruffled. This press release also comes dressed in the colours of the rule of law. But Gen Kayani surely knows that such a statement in a more established democracy and he would have received his marching orders by now.
Public lectures on constitutional propriety by service chiefs: not quite what the Constitution visualises.
But we hardly need reminding this is Pakistan where a different culture of power prevails, where the army has been in the driving seat for long, where the army is still the last voice in the framing of national security issues, and where generals will continue to speak out in this manner until democracy comes of age and Pakistan’s political class grows up and is in a position to talk to the military class on equal terms – equal in terms of understanding and intellect.
The military’s version of the national interest will be supplanted, or fine-tuned, only if any doctrine propounded by the political class is more logical and convincing. Too many politicians, sadly, are given to ranting when it comes to security issues. And they are taken for a ride by the army command fairly easily.
Twice Gen Pasha appeared before parliament in secret session. On both occasions a professional violinist could not have played parliament more skilfully than he did. On the second occasion at least – this after the Bin Laden outing – he should have been on the mat, sweating. Instead he read out a patriotic psalm and had most of parliament, mercifully not all, singing with him. He should consider a career in politics. He is a persuasive speaker.
To return to the issue at hand: as if our other problems weren’t enough we now face a problem of philosophy. In laying down the extent of the SC’s powers My Lord Chief Justice sounds very much like the nation’s moral arbiter: “There seems to be no cohesive efforts in terms of a national framework wherein the mega issues have been tackled in an appropriate manner.” This in his latest remarks to senior bureaucrats-in-training. And the conclusion he draws is that heavy responsibility therefore lies upon the SC judges as guardians and protectors of the Constitution.
Who, pray, has envisioned this role for the SC? Is it for his lordship to speak of mega issues and weaknesses in the national framework? Recall Bacon, the court’s duty is to interpret laws, not make them. As for guarding the Constitution, enough if the higher judiciary, now and for the future, does not come to the aid of military takeovers by giving them constitutional sanction. To go no further back than the recent past, the SC validated Musharraf’s coup in near-record time. On that historic bench sat, among others, My Lord Chaudhry.
To be sure, times are different and we have moved on. At least that is the illusion we nurture. Still, a little humility would not be out of order. The past being the past and every institution, without exception, having earned its rich share of infamy and blame, it is only proper that stones if they must be cast should be cast lightly.
Generals have done the country much harm. No need to go over this familiar ground. But then their collaborators were both judges and politicians. And if the higher judiciary seeks to derive moral authority from the restoration movement, the army can claim redemption from something more sacred, the blood of its martyrs.
No army likes being ridiculed even if sitting in peacetime barracks. But this is an army stretched out from the eastern border up to the heights of Siachen and fighting constantly, one operation scarcely ceasing before the need for another arises, on the western marches. An army at war and the skeletons of the past being made to emerge from their gloomy cupboards in a selective manner.
Accountability? Of course but convincing only if evenly spread out. If generals should be called to account for past sins this is a healthy development. But then what about judges and politicians and robber barons and the cartels of cement and sugar and all the other activities which make the Islamic Republic, God-gifted as we never tire of asserting, a carpetbagger’s paradise?
South Africa went through tougher times than we can imagine. But after the curtains fell on the black night of apartheid the leaders of the freedom movement, Mandela in the forefront, sought to heal the wounds of the past by preaching tolerance and reconciliation. But look at us: give any of us a bit of power and who can match our armchair heroism?
This is not to deny the great good this SC has done. My Lord Chaudhry has gone where others have feared to tread. The ultimate test of wisdom, however, is to know the limits of one’s power and authority. To hear pronouncements from the bench the impression often is not of the judiciary speaking but of an overbearing executive issuing directives and implementing policy.
The dictatorship of generals we have known. The dictatorship of mediocrity is an enduring reminder of our national inadequacies. Is it now our fate to suffer the dictatorship of morality?
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