Articles of the year 2012

The Kakar Formula
Published on May 09th, 2012

In Pakistan the judiciary is locked in a struggle for the supremacy of law, pitted against the anarchic thoughts, and behaviour as laid down by the founder of PPP Bhutto, who considered himself and his followers to be above the law which applied to all others. Unfortunately this trait has been copied by the Jiyalas, thinking that this is the mark of a good politician. In any civil society, the laws of the land are sacred because it is these laws that are fundamental to the progress of society, otherwise we would revert to the ways of the jungle, but we should remember that even the jungle has its own code, one that is equally strict, and equally unforgiving.

The Army rules are even more strict. Failure to obey an order is met with a court martial, where the trial and punishment is swift. Discipline is a fundamental of our National anthem, for our Quaid had long ago realised the importance and had discipline incorporated into the basic formula for all Pakistanis.

Even the People's Party has a very strict code which is strictly observed, as discovered by Doctor Babar Awan the erstwhile blue eyed boy of the Chairman Asif Zardari, much to his regret. From the dizzying height of being able to insult the Supreme Court at will, to being turfed out of the power circles, and not being given a position as a lowly peon--worse, in the power heady atmosphere of Islamabad he is now invisible -- a person marked with the kiss of death.

The President has, established himself as the most brilliant politician that Pakistan has produced, if survival is the criteria. He has succeeded to survive in a country in which he is probably the most reviled politician. As such his continuing may not be able to withstand any major hiccups. Mr. Bhutto also could not survive such a large opposition. A narrow, shallow, intensely loyal cadre cannot protect him from a determined wave as will be unleashed the coming summer months. The many disappointed political newly deprived have not, will be striving to find new patrons. While the new aspirants will be negotiating fresh and more rewarding alliances.

President Zardari should realise that a re-election is dependent on performance, and the level of misgovernance as evidenced by the power crisis, leading to power riots will bring about a revolution based on anger which is already apparent in street interviews. Much better governance has been booted out by the public, and no amount of BISP funds will buy a reprieve. The public cannot be fooled.

Also the Supreme Court may like to implement their own decisions and bring to an end the nonsensical standoff created by the PM and his cohorts. The punishment should also be so severe that none should dare mock the Court again. As explained earlier without laws no society can survive. The politicians having decided to challenge the Supreme Court should be put to the sword, now. The respect for the Courts should be established immediately, as enshrined in the Constitution. This respect is sacrosanct and any mockery should be treated as a violation of our constitution, with the same punishments.

We marched in support of the restoration of the judges, and the mocking of their judgements has hurt us all. Perhaps, another long march should be called, this time to bring the Prime Minister to face the 500,000 people that supported the Restoration of the Judiciary. Even the Chief of Army Staff made a call to the PM to show which side he was backing. The Prime Minister should realise that his refusal to the Supreme Court could have some very serious consequences for the Prime Minister and his Party. Taking cover behind the Party could be counter-productive, as the Party may itself be declared to have violated the constitution.

Similarly the COAS Gen Kayani may be in violation of his oath of office in not coming to the rescue of the Chief Justice, when he noticed that so many of the Supreme Court judgements were not being implemented and contempt was being committed on a daily basis. This attitude could fall within dereliction of duty punishable under the army rules. The politicians are free to do as they please, to serve their political directions. The Army has no such latitude and must obey its constitution, if he is given an order, or sees a violation of his constitution, he is duty bound to arrest those who are guilty of such violation. Even if it be the Prime Minister, or the President himself.

In fact the COAS is already guilty of tacit complicity in the Prime Minister's continued contempt, and may therefore be included in the list of contemnors.

At the very least, he should have emulated his predecessor Gen. Wahid Kakar, who broke the deadlock between President Ghulam Ishaq and Nawaz Sharif the then Prime Minister, by forcing the resignation of both. He topped that by not declaring martial law. The Nation is crying out for a Wahid Kakar. A truly selfless General which is the need of the hour. The longer the status quo continues, the greater the danger of an out of the box solution which can take the country back many years. And may cost the Americans the goodwill they are fighting for.

The Pakistan Army is a strong institution which has time and again been the mainstay against foreign and local enemies. Now we are rapidly arriving at a situation wherein the mantra of persecution is being repeated, convincing the PPP that all their ills, are because they are being victimised by the establishment (which they insist includes the Army, hence the rumours leading to the ridiculous "memo gate" coup which was the figment of the Ijaz /Haqqani network, with the only positive outcome being the forced resignation of Haqqani.)

The Nation would appreciate a Kakar-like move to have the Supreme Courts judgements complied with, including the removal of the convicted PM. Who can also be taken to task for all the scams his regime stands accused of. The charges of contempt of the Supreme Court would be the least of his misdemeanours. He stands to face many long years in jail. His errant children also can look forward to long court battles and or jail sentences.

The Pakistani Nation stands at a piteous position, but fortunately for us there is no way forward but up. We cannot go lower!