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Pity the Nation….
By: Riaz Ali Toori
Our history is replete with judicial transgressions and military interventions, the implications of which can be very unnerving. A quick glimpse at Pakistan’s history would reveal that when the dictator, General Ayub Khan deposed Iskandar Mirza, the change was welcomed but what did we ultimately reap? Governmental corruption and nepotism, in addition to an environment of repression stifling free speech and political freedom, increased unrest and above all, rigged elections.
Then we witnessed the era of Zia-ul-Haq, the worst of all dictators who stained the political history of Pakistan with the blood of ZA Bhutto Shaheed, who overthrew an elected Prime Minister in a bloodless coup d’état and in these criminal acts he was fully abetted by turncoat politicians, who are now the self-acclaimed champions of democracy.
After Ayub’s legacy, Zia-ul-Haq gave us the gift of Islamic militancy. In Zia’s hands Islam and Islamic ideology became a versatile tool for the extension of state control in the domain of personal and private lives of citizens as well as their public, political, professional and cultural activities. It is the result of that legacy that today the whole country is drenched in blood. Zia played the Islamic card to defend himself and the generals against any accusations of misrule and corruption. Zia and his generals made millions from the illicit heroin trade and underhand weapon deals, besides large-scale embezzlement in funds that were diverted towards the Afghan war. However, since media in Pakistan during his regime was brutally gagged through extreme censorship, none of his corrupt deeds could be documented or made public by the print media.
Hardly a decade later, Pakistan experienced another transition from democracy to dictatorship through another coup d’état and Musharraf became the de facto head of Pakistan. Regrettably, our apex judiciary not only validated Musharraf’s unconstitutional act of overthrowing a democratically elected Prime Minister but also permitted him to make amending inroads into the constitution of Pakistan as per his will and desire. Keeping alive his predecessors’ illicit traditions, Musharraf bartered Pakistan’s sovereignty by striking deals with foreign forces. Terrorism took root in Pakistan during Musharraf’s tenure and the deteriorating security situation in the whole country was due to the wrong policies pursued by him. He not only deposed the very judges who had validated his nasty rule but also threatened and forcefully detained them.
Political leaders like Bugti, who had once been the Chief Minister of a deprived province, were targeted and killed but our judiciary remained a silent spectator of the critical situation and no suo moto action was ever taken against him. Musharraf demoralized the institutions of Pakistan creating a big gap between the military and public. The flame of terrorism and extremism spread from Parachinar to Karachi and the whole country was engulfed in a deadly frenzy of suicide bombing and target killing. Political leadership of the country was either put into jail or was forced into exile. Returning to her beloved country, charismatic leader Shaheed Benazir Bhutto narrowly escaped in the first attack in Karachi but the nation lost its favorite leader in the second attack in Rawalpindi.
Pakistan’s history is pathetic but it would be inappropriate to feel pity for the nation only on account of political mistakes while there are many others who have contributed to its woes. Justice Muhammad Munir was the first who laid the foundation of constitutional abrogation. He was the one who introduced the concept of “Doctrine of Necessity” validating the dismissal of Khawaja Nazimuddin’s government by Governor General Ghulam Muhammad. In 1958 the same Justice Muhammad Munir upheld General Ayub’s military takeover on the basis of the doctrine of ’successful revolution being legal’. This was the first capitulation of Judiciary before an autocrat.
Later Justice Anwaar ul Haq & Justice Naseem bowed their nodding heads before a uniform–-thus giving new lease of life to military dictators. In another barefaced shameful episode, Bhutto was sentenced to death by Maulvi Mushtaq. The Judicial murder of Zulfiqar Ali Bhutto Shaheed at the behest of General Zia ul Haq and his generals was another offensive display of connivance of the judiciary with the army top brass.
In 1990, when Ghulam Ishaq Khan dismissed Mohtarma Benazir Bhutto Shaheed, Peshawar High Court reversed the decision that restored the provincial assembly only to be reversed by the apex court when challenged.
We remember vividly when General Musharraf overthrew Nawaz Sharif’s government, Justice Iftikhar Muhammad Chaudhry was one of the TWELEVE Supreme Court judges who validated the military coup of Gen Pervez Musharraf, in the ‘Judgment on 17th Amendment and President’s Uniform Case’. Then Justice Iftikhar Muhammad Chaudhry was one of the five Supreme Court judges who dismissed all petitions challenging President Musharraf’s constitutional amendments.
The recent strife between judiciary and executive shows that once again things are moving back to square one. Yes, of course, pity the nation that has been suffering in the hands of those who are there to dispense justice. Yes pity the nation whose history is tainted with judicial transgresses. Yes pity the nation that has been facing dilemma of fragile democracy. Yes pity the nation in which each branch of government deems itself a sole power. Yes pity the nation in which judicial system is politically motivated. Yes pity the nation in which criminals are released without any shadow of doubt and pity the nation in which judiciary fails to convict the killers of thousands of innocent people. Yes pity the nation where people lose their battles with life in the quest of justice.
Pity the nation where independence of judiciary means the freedom of a few judges to work as per their own sentiments rather than upholding the sanctity of the constitution of Pakistan. Pity the nation where the freedom of judiciary is defined as the freedom of judges rather than the freedom of the institution to work as per law and constitution.
Indeed, Pity the nation where a judge openly expresses his sentiments of hatred for the elected Prime Minister of the country in a very ironic way.
Note: The purpose of this piece is to discuss the brief history of Judiciary and military is not to malign any institution but the nation is fed up to its last tolerance point by the word ‘change’ through military intervention and pitting Judiciary against democracy. Please do recall history before inviting another reprehensible change.
Filed under: Uncategorized · Tags: country, nation, Pakistan, political
18 Responses to "Pity the Nation…."
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Ifitkhar was one of those five(?)judges who validated LFO of Mush.This gave him authority to amend(read distort) the constitution.He should be tried under clause 6.
Salaam: what is the point in repeating this old story that all the problems of Pakistan were caused by the Army chaps. Why don’t you come out with down-to- earth solutions? This grip of the Khak-men can only be reduced by inflicting thousand little cuts, Suggestion: Agitate vehemently for peace with neighbors so that enormous amount of funds can be diverted for efforts to better the lives of civilians. S.peak up for trade with your neighbors and ditch your excessive addition for religion and Jihad in K. Think about some practical steps.
Salaam
Even 1979 judiciary was more independent than this one, there was some dissention there, here they are all in unison.
Single eyed justice of dajaal rules the roost
It is simple thing to point out someone or an entire class of people and blame them for the mess. The state of affairs at any place is result of complex push and pull of forces. A large majority of politicians, bureaucrats, judges etc. are common folks playing safe, following path of least resistance. It takes a maverick to change the attitude, show path. The best example is India’s erstwhile Chief Election Commissioner (CEC) T N Sheshan. Before T N Seshan, CEC was a toothless bureaucrat cutting ribbons, inaugurating events and simply going through the motions of holding elections. After T N Seshan, every CEC is a tiger.
It is our nature to celebrate success whether it comes from good luck or hard work. The smugness of Arabs comes from their good fortune, Singaporeans from hard work. Bangladesh is trashed for not being successful even though they are very hard working people. But things change very dramatically. There was a time when Pakistan was notching up 6+ percent GDP growth while India stuck at 2.5 – 3 percent. Who would have thought India would become some kind of economic power? But for grave circumstances Man Mohan Singh, a conservative socialist economist, would never have liberalized Indian economy. So there is hope, as I said things can change very dramatically…..
A judge (or kazi) under islam or in an islamic land is always held under the power of the mosque and the street gangs emanating from these mosques, and the military and the terror gangs that are regarded by the muslim military as their assets.
The kuran is a book full of confusions, contradictions, inconsistencies and ambiguities. This makes the job of a judge (kazi) difficult and he prefers to be submissive to those who wield the kuran.
An independent-minded rational judge will have to flee from an islamic land.
All the grand praise of islam has proved to be sham and deceit. But the muslisms are so beaten down under islam that they will put the blame for their misfortune on the non-muslims. This has happened for the past 1400 years and will continue for the next 14000.
Ahem:
Have you tried to post these (your) thoughts on other Islamic on-line newspapers, websites to to impress or strike a dialog, instead just PTH? Wat iz your experience?
Salaam.
Anil Kala
Had that been a valid model of social change, then radical change would have been far more frequent than is the case. Alternatively, both appearance of a significant case of success followed by large-scale change may be driven by some other common variables and may not, themselves, be cause and consequence.
to Kamath
I tried, even using very mild words.
They banned me immediately.
Islam has taught muslims that they may hear/allow only glorification of islam, Mohammad and kuran. Any muslim who fails to prevent criticism of islam will, so they are taught, end up in eternal hell.
That is how fascism functions. When fascism is practised in the name of a so-called god then it is all the more vicious and ruthless.
Kaalchakra: I did not say change occurs frequently but when it does it is quite dramatic.
Ahem: Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh;
Let it not disappoint you as there are millions of “honest to God – Allah ” Muslims in the world who I consider to be reasonable, liberal,honest, hardworking, friendly etc. etc. etc. But they dare not take a firm stand and plead with co-religionists about the flaws which Islamic faith has. So this attitude promotes and enhances a poor image about Islam. In Pakistan, you have eminent writers and public intellectuals like Nijam Sethi, Irfan Hussain (DAWN) and public intellectuals like Yasser Latif Hamdani etc. -PTH fame-. These can write long columns in flowery languages loaded with memorable phrases. But “mum” is the word when it comes to examining the Islam. Then we have Rushdies, Ibn Warraqs, Irshad Manjis, Tarekh Fathas, Mo. Bearies etc etc. who need police protection.
Some say, the rigidity of Islam was started by Maulana Al Ghazali of 10th Centuriy. And the trend became irreversible!
So big headache. So leave it alone,as time will take care, and Allah knows and sees everything.,,
Kamath
@kamath
I have read most of them, I personally like Ibn Waraq’s approach, I feel it’s the Muslims themselves who been the worst victims & in this regard I agree with Ibn Waraq.
Dear I appreciate ur research on judiciary ‘pity the nation as we’ll ..where we r exploited… V r also fed up of nai roshni school karz utaro mulk sanwarO,parha likha punjab etc. And roti kapra aur makan.
Amjad Cheema: I find your comments interesting! But I have my own!
In his latest book, ” The West is the best” , Ibn Warraq as usual makes many valid comments and observations about the West That contributed to the cultural, political and technological dominance above others, especially Islamic world. He reserves his bitterest criticism against Arab Islamic world. It can be vicious. Ibn Warraq is a street fighter and displays miserable understanding other world cultures. His preferred method is to selectively quote from various sources to support his agenda.
Unfortunately, he breaks no new grounds and as a person who simply dislikes many aspects of Islamic world in general can not claim himself to be la detached critic. It is a great pity!
There is no need to take pity on Pakistan. They deserve what they are getting in terms of violence, lies and loss of self-respect and honesty. They will try to get out of this ditch-trap by training and sending terrorists abroad. That is the only response that they know because of their islamic “education”.
Let us not waste our pity and humanitarianism on them. Of course we knwo that their rulers (army bosses, mullahs, judges, police officers) are the real culprits.
From the Daily Times of 24.05.2012 (today)
Quote:
„To be fair, the Pakistani junta, President Zardari and his current coterie of advisors and the analysts calling for blood, blood-money and money, in one breath no less, are not the first ones to eye the deep US pockets. None other than the father of the Pakistani nation, Quaid-e-Azam Muhammad Ali Jinnah was the first one to have articulated the idea of milking the US. Mr Jinnah’s widely quoted 1947 interview with Life magazine journalist/photographer, Margaret Bourke-White is worth remembering today. Bourke-White chronicled, “(Mr. Jinnah said) America needs Pakistan more than Pakistan needs America. Pakistan is the pivot of the world, as we are placed — he revolved his long forefinger in bony circles — on the frontier on which the future position of the world revolves.” He leaned toward me, dropping his voice to a confidential note. “Russia,” confided Mr Jinnah, “is not very far away”…”America is now awakened,” he said with a satisfied smile. “Since the US was now bolstering up Greece and Turkey, she should be more interested in pouring money and arms into Pakistan” (Halfway to freedom: A report on the New India — pp 92-93).“
For a few dollars more: from Jinnah to GHQ — Article by Dr Mohammad Taqi
Daily Times of 24.05.2012
—
read also
dawn.com/2012/05/24/patterns-of-intolerance/
excerpt:
„A PERSISTENT failure to deal with the canker of intolerance — one of the greatest threats to the Pakistani people’s mental health and their material well-being — is making the affliction day by day more unmanageable.
A young non-Muslim woman has been living in Lahore for quite some time. A few weeks ago she married an American citizen — a crime her neighbours apparently did not forgive. A group of hotheads raided her home at night early this month and on their inability to break into the house they damaged the car parked in the porch and pasted a notice on it: ‘kalima parh lo warna’ (convert to Islam or else).“
What opinion Jinnah worshippers now???
After reading the article above.
Re-Quote:
“(Mr. Jinnah said) America needs Pakistan more than Pakistan needs America. Pakistan is the pivot of the world, as we are placed — he revolved his long forefinger in bony circles — on the frontier on which the future position of the world revolves.” He leaned toward me, dropping his voice to a confidential note. “Russia,” confided Mr Jinnah, “is not very far away”…”America is now awakened,” he said with a satisfied smile. “Since the US was now bolstering up Greece and Turkey, she should be more interested in pouring money and arms into Pakistan”
—
How many and power make human beings into conceited fools and bring “friends” with their own evil designs.
If you refuse to recognize a scoundrel as a scoundrel, then what have you? Worship him?
“the whole history of Pakistan and US relationship is based on a financial. Based on rent.” – Hassan Abbas
http://www.aljazeera.com/programmes/insidestoryamericas/2012/05/20125238272744439.html
Pity the Nation whose voters do not understand the basic principles of nature like;
” True insanity is continuing to do what we have always done and expecting a different outcome “