terror Yeh
Woh polls The
status quo remains Sceptic’s
Diary
terror Historic Copley
Square is one of my favourite places in my adopted city of Boston. This is
where, last month, we held a vigil against Shia killings in Pakistan. This is
where runners at the Annual Patriots’ Day Marathon cross the finish line at
Boylston Street past the majestic old public library. And this is where, on
April 15, two bombs exploded, disrupting the idyllic scene of the marathon on
a crisp, sunny Monday afternoon. Windows shattered. Road
slippery with blood. Flags of various countries trampled into the ground as
first responders pulled down barricades to reach the site. I was in New York when I
heard. The explosions injured over 280 people. Fourteen lost body parts. Some
are now double amputees, dependent on prosthetics and rehabilitation to
resume their lives. Three died: eight-year old Martin Richard, and two young
women, Krystle Campbell, 29, a restaurant manager and Lu Lingzi, 23, a
graduate student from China at Boston University. As millions around the
world felt Boston’s pain and prayed for the dead and injured, another
collective prayer arose from many hearts: “Please don’t let the bombers
be Muslim, don’t let this have a Pakistani connection”. The bombers turned out to
be two young men, brothers of Chechen origin — Muslims, but so far, no
Pakistani connection. We don’t yet know why they did it, but one can see
parallels with the ‘Times Square bomber’ Faisal Shahzad. In financial
difficulties like Shahzad, Tamerlane (Taimur) Tsarnaev, 26, the elder brother
in the Boston bombing, turned to radical religion and conspiracy theories
about the West versus Islam. This is essentially the
ideology behind the militants causing mayhem on a much larger scale, making
such scenes tragically familiar, in Pakistan. From Jan 1 to April 14, 2013,
184 bomb blasts killed 626 and injured 1,159 around the country. Targets
include residential blocks, mosques, shrines, markets, schools, government
offices and military bases. The dead include children and young people with
their lives ahead of them, like the brave, smiling activist Irfan Ali — @khudiali.
#Bostonstrong was a trending hashtag on twitter after the Marathon bombings.
I visualise #Pakistans trong, facing terrorists who are now targeting
political rallies in the run up to elections — Peshawar, April 17, 15
killed. Quetta, April 22, 6 killed. Bombings are rare in the
USA, but violent attacks are all too common. Horrific mass shootings just
last year include the massacres at a Colorado cinema, a Sikh gurdwara in
Wisconsin, and an elementary school in Sandy Hook, Connecticut. In 2011,
firearms killed 8,583 people, according to FBI records. Firearms are
multiplying faster than the population rate; over 310 million guns will soon
surpass America’s 312 million population. Last May, a drive-by
shooting killed 16-year old Charlene Holmes, my daughter’s classmate at
Cambridge Rindge and Latin School (CRLS), walking home with her sister a few
blocks from our rental in Cambridge across the river from Boston. The previous year, just
after we came to Cambridge, a bomb targeting a police officer’s residence
went off near my daughter’s school in Karachi. A teacher and her young son
at the next school were killed. Dozens were injured. My daughter’s friends
witnessed the blast, the shattered windows, the blood. “It’s the same
everywhere,” she commented after Charlene died — “People talk about how
much better it is in America, but people get killed here too.” A major difference is how
the authorities respond in Pakistan and America. Although Charlene’s
killers have not been caught, the police here are trained, equipped and
enabled to take their job seriously. Rogue officers who kill suspects and
fabricate evidence are the exception, not the norm. In general, the criminal
justice system works. The authorities’
responded seriously to the Boston marathon bombings, using technology to
track down the suspects whose photos they released to the public. They
enforced a city-wide lockdown, encompassing neighbouring towns, after the
suspects went on the run, killing a police officer at MIT, a mile from where
we live. Public announcements warned people to stay indoors; schools and
colleges, shops and public transport, were shut down. “Understand the caution,
but still question decision to keep the city of Boston locked down. Feels
like surrendering our lives to terror,” tweeted Global Post executive
editor Charles M. Sennott, who has covered many bomb blasts around the world
as a foreign correspondent. “What would happen if we
locked down a city after each attack. We’d be in perpetual paralysis,”
commented Pakistani journalist and television anchor Quatrina Hosain. True. But if Pakistani
authorities took crime as seriously and responded as aggressively in the
first instance, perhaps we wouldn’t be in the situation we now face.
Pakistan must urgently end the impunity with which criminals operate; train,
empower and enable police to do their job effectively; ensure that the
criminal justice system works efficiently; introduce a witness protection
plan at least. Unlike Pakistan, America
values the lives of at least its own citizens. Which is the least any
government should do, regardless of its disregard for “other” citizens’
lives. Chillingly, it turned out
that the bomb suspects lived at the other end of our residential lane with
its small two-and three-family houses. On Friday morning, police cordoned off
the area and evacuated residents. My husband and neighbours were transported
on a public bus to a nearby police station, allowed to return after the
action shifted to neighbouring Watertown. That’s where the younger suspect
Dzhokar (Jouhar), 19, was nabbed later that evening, from a dry-docked boat
in a backyard. Dzhokar had graduated from
CRLS in 2011, the year my daughter joined it as a freshman. CRLS is a well
reputed public high school with a diverse student population including
Bostonians (prominent alum include actors Matt Damon and Ben Affleck) besides
students from many countries – immigrants as well as children of visiting
faculty and fellows at nearby universities like Harvard. We never ran across Dzhokar
or Tamerlane. But a young man walking his dog told me that he often ran into
them. A Pakistani friend’s son, now in Dublin, who was on the CRLS
wrestling team, expressed his surprise. Dzhokar, he said, “was well known
amongst the wrestlers, did very well, came back a few times to train us.
Seems odd to think he ended up like this.” It was Robin Young, the
popular host of National Public Radio’s Here and Now show, who introduced a
poignant human dimension to the public discourse about the younger bomb
suspect. Dzhokar, she realised, was the “beautiful boy in tux” who had
attended the prom party she hosted at her house in 2011 for her nephew Zolan
Kanno-Youngs. “Heart is broken. I know
Dzhokhar Tsarnave, one of best friends of my nephew, who says he never in his
life saw this,” she tweeted. Zolan wrote for the Boston
Globe about his friendship with Dzhokhar, who never gave him a “bad
vibe”. “He was a captain on the
Cambridge Ringe and Latin wrestling team, he was in the National Honor
Society, he earned a scholarship to a four-year university. It seemed no one
ever had a problem with Dzhokhar,” he wrote, recalling numerous instances
where Dzhokhar had helped him out as a friend. Initially, he wondered what
kind of “monster” was responsible for the bombings but he never imagined
that it was his friend. When he saw photos of the suspect on TV, he in fact
tried to contact Dzhokhar to tell him that the police were searching for a
lookalike. He is still in shock, unable to comprehend what could have driven
his well-liked, laid-back friend, a star student, scholarship winner and
athlete, to kill and maim so many innocent people, throwing away his own life
and potential. “People don’t want to
hear that Dzhokhar was such a popular kid, and I understand that,” says
Robin Young. “What he’s accused of is monstrous. Evil. And we want that
person to fit the narrative of loner. Outcast.” But he wasn’t. Clearly,
as Zolan commented, “something had happened”. P.S. What is the difference
between a person who commits a mass shooting or detonates a bomb, I wonder?
Both have similar motives: instill fear and panic; kill innocents. Both are
driven by hate, twisted minds, and warped ideas of reality. How do we address
these issues? How do we prevent such incidents from taking place? Brute force
is clearly not the answer. So what is? caption A block down from where the
suspects lived.
Musharraf literally in the
dock, finally. Who would’ve thought? The former dictator has
outdone himself in his trademark swagger by managing to miscalculate his
strategy to return to Pakistan after four years in self-exile — and instead
of finding himself mobbed by his 750,000 Facebook friends, he lands in the
prickly lap of the very judges who he shamelessly hounded. The former man of the
uniform is now at the mercy of the men in robes, awaiting his comeuppance in
a court of law. But the lipsmacking
spectacle of a hapless general (a ‘chala hua kartoos’, a ‘spent
bullet’, as he used to mock the men of his own ilk who criticised him when
he ruled with disdain) in the iron clasp of the judges (the proverbial long
arm of the law) notwithstanding, will cold, blind justice shorn of emotions
be done in Musharraf’s case? Will Pakistan finally be able to cross a legal
milestone that, because it cannot be crossed, has allowed the Constitution to
be treated as ‘a piece of paper’ by at least four men in khaki? The jury will be out for a
long time on that. Even though eager judges
want to sit in judgment of their own interests in squaring with the man they
love to hate, and have the power to temper the tantrums of the mighty as they
have demonstrated in recent years, Musharraf being eventually treated before
the law as a case of being more equal than others looks to be the likely
outcome for more than one reasons. Musharraf has at least four
cases against him — a charge of treason for staging a coup and toppling an
elected government in violation of Article 6; charges of murder and abetment
in the assassinations of former prime minister Benazir Bhutto and former
Balochistan governor and chief minister Akbar Bugti; charges of deposing the
judges en masse and locking them up; and charges of imposing an emergency and
defying court orders against its declared illegality. All charges are astonishing
by way of their grave natures, for they are all grounded in mass public
experience, occurrence of these patently mala fide acts in full public view,
the fact that they are against a former army chief and the unprecedented
circumstance that the former military dictator is now under arrest and
seemingly set for a grueling grilling in aide of convicting him. But convicting and
punishing Musharraf will likely be a case of easier said than done for even
the steroid-driven judiciary of Pakistan, which has long waited for this day
to try their tormentor-in-chief. Weigh up the proclamations with the
practice: witness the seizure of the former army chief’s property and bank
accounts on court orders, declaration of him as a proclaimed offender and
fugitive from justice, and issuance of red warrants against him through the
last government to aid the Interpol in nabbing him and hauling him before the
courts. And what happens when he
lands in Pakistan of his own foolish accord in defiance of common sense and
sincere advice from high and mighty interlocutors? First a prompt bail to
allow him to lead his party into elections. Then another bail. And another.
And yet another. And then, yes, cancellation
of one bail and order of his arrest, but it was Musharraf who foolishly, if
unsurprisingly, worsened his litmus test of obeying the law by fleeing the
court instead of surrendering and promptly seeking bail after arrest, which
he would’ve been granted on grounds of genuine security considerations. It was only after the media
had a ball with the story of Musharraf refusing to give himself into the
custody of the police, evoking ridicule and public glee at his plight, that
promptly hardened the stance of the judiciary which swiftly added another
charge — this time under the Anti-Terrorist Act — to his basket of woes.
It also ordered the police to evict him from his home and lock him up in
jail. From there onwards, the
push back from the Establishment to the public ‘humiliation’ of the
former army chief that everyone had been expecting, finally started to
manifest. Musharraf was not sent to jail, as ordered by the magistrate, but
instead to a newly purpose-built police officers mess. He was back after just
one night, there in his home, for a much more comfortable arrangement of home
arrest. Another two days and the
caretaker government bluntly refused to be the requisite primary mover of the
case of treason against Musharraf, leaving it to the next government to do so
if it so desired. We all know what any new elected government headed by
either PML-N or PPP will do. Or PTI, if the tsunami levels Pakistan’s
political battlefield. Musharraf simply won’t be
tried under Asif Zardari’s watch, or for that matter Imran Khan’s as
neither was the victim of Musharraf’s 1999 coup. Or even the 2007
emergency. Musharraf actually wanted
Imran Khan as his prime minister instead of Shaukat Aziz and Zardari was
freed by Musharraf and pardoned, along with Benazir Bhutto and others, under
the National Reconciliation Ordinance. So why should they try to become
heroes when in this game you can only become a martyr? And however much Nawaz
Sharif as the next prime minister may fancy fettering the former dictator
with Article 6 just as the former army chief had literally handcuffed him on
a plane, he will be in the untenable position of a conflict of interest as
formally instituting a charge of treason on behalf of a federal government in
a case in which he personally was the victim and Musharraf the perpetrator. Reading the tea leaves, the
Supreme Court has already expressed doubts the federal government is
interested in justice on this count. But of course, for all federal
governments, politics comes first (especially the self-preservation variety)
rather than the niceties of the demands of justice that may reduce them to
the status of victims. So, the treason case is
going nowhere without a willing government ready to help a former army chief
hang because judges want it. That day is not for our lifetimes, for you can
hang a prime minister but you cannot hang a general. Also, Musharraf’s 1999
coup was not just endorsed by the Supreme Court (including Iftikhar Chaudhry
on its bench) but also validated by the parliament. So that’s water under
the bridge unless the honourable judges are in the mood of indicting
themselves as abettors. Short of a confession,
proving Musharraf’s complicity in the sad assassinations of Bhutto and
Bugti is a procedural labyrinthine and unlikely to throw up a red-hot
conviction. The investigations over the past several years in these cases
have led nowhere and it’s hard to see Musharraf arriving at a conviction in
this case however strong any circumstantial evidence. The only benefit of
Musharraf being formally tried in this case is to derive the pleasure of
seeing a former dictator hauled over the coals of a painful judicial process
just as poor Benazir Bhutto, Asif Zardari, and Nawaz Sharif were, as were
many other politicians, at the hands of the Establishment. It’s a case of
optics over opprobrium here. The only case where
Musharraf is relatively easy prey for the judges and ripe for punishment is
the imposition of the state of emergency in November 2007 and the prompt
order of the Supreme Court bench headed by Chief Justice Iftikhar Chaudhry
declaring it illegal and ordering the state machinery to not comply with
Musharraf’s orders. The parliament also refused to give it legal cover,
rendering the act an offense liable to ready punishment. The Supreme
Court’s order was respected in the breach and the state machinery under the
control of Musharraf as president and army chief promptly detained over 70
judges across the country and reinstalled PCO judges under Justice Dogar. But
the problem with convicting Musharraf in this case will be also punishing
abettors in the emergency case. And that includes the
current army chief. Possible? Azad adaliya
notwithstanding, simply not possible. That Musharraf is a monster
and managed to mangled Pakistan’s polity, doing deep damage to it is hardly
any secret. That he deserves severe punishment is also necessary. That there
is the need to resort to the proper legal mechanisms to this end that are
fair and transparent are inevitable for the ends of justice and rule of law. That this is easier said
than done given Pakistan’s history and tradition is a reality. As is the
fact that the civil-military equation in Pakistan despite strides forward in
recent years is not a settled issue, is the stark truth and therefore a
Rubicon yet to be crossed. That Saudi Arabia, more
than the United States, is a benevolent patron that has deep interests in
Pakistan’s Deep State and supports it is an equation that will not change
soon. That the sands of Arabia can blow in favour of important Pakistanis is
a thinly veiled secret. The jurisdiction of Pakistan’s emotional judicial
process does not extend beyond the Arabian Sea. That Musharraf’s ageing,
ailing mother needs him in Dubai before elections is also in “national
interest.” And as we know the national interest prevails. The judiciary
can, at best, make Musharraf do the rounds of courts for a while. Musharraf
may yet get a safe passage. Again. The law, and Article 6 of the
Constitution, will have to take a breather.
Yeh Woh Data collectors
have an important job to do: they help quantify a problem and give it context
so that it’s easy for decision makers to understand it and to do something
about it. You cannot rush into a disaster hit area without first finding out
the extent of loss, the nature of help required, known hazards in the area,
maps, equipment etc. if you are to save lives and help survivors. Little bits of data become
the colour-coded pins on a giant map, telling the big story, giving
information, feeding knowledge. Like today’s economy and
defence, rescue is knowledge-based too, and it follows, so is governance. And
knowledge is what we don’t have. To begin with, we do not know, even within
a couple of millions’ range, how many we are. We are more than 180 million,
is all we know for sure, on the basis of a far-from-decent census completed
15 years ago. For all other demographic and cartographic data on our country,
people, and its resources and environment, you need to go to a UN agency or a
foreign NGO. Equipped with information,
foreign institutions and charities know us a lot better than we do. And so it
was British Council, Islamabad, that informed us four years ago that we are a
youthful nation, with more than 60 per cent of our population under the age
of 29. Its research also told us that we’d already entered a crucial period
of around 50 years in which we could become a prosperous country on the
strength of sheer number of working hands, like South Korea and China have
done before us. But demographic dividend
doesn’t come for free, it cautioned us. The nations that have in recent
history benefited from a youth bulge did so by putting their young ones in
schools and technical training institutes. If we fail to channelise this
great reserve of energy, the consequence is not just a passive waste of
opportunity, but active anarchy and bedlam on our streets. In recent weeks British
Council has come up with a follow-up research on youth that tells us that we
are now a little more advanced on the path to destruction. We have failed to
fix our education system and we have failed to provide opportunities for
advancement. More and more young men and women are likely to be illiterate or
semi literate and jobless or under-employed as they enter adulthood; less and
less is the level of motivation, innovation and entrepreneurship; and
pessimism is fast becoming a defining trait of the next generation. In 2009 Pakistan’s youth
felt they lacked the skills they needed to prosper in the modern world and,
even the well-qualified were struggling to find decent work. Disillusion with
the political system was high as young people lost faith in core
institutions. They felt angry about corruption and the failure of their
leaders to bring about positive change. Today they seem to have all
but given up on Pakistan. A good 94 per cent believe things in Pakistan are
headed in the wrong direction, nearly 70 per cent have no trust in the
federal government and political parties, half of them have unfavourable
opinion of provincial governments, assemblies and police force, and only one
in five thinks their personal economic situation could improve next year. Forget your gripes of today
and let’s suppose our next government is as weak, inept and corrupt as the
ones before it. Where do you see this huge bulk of undirected youthful energy
going five years from now? Will blaming the military, politicians, right or
left wing, democracy etc. make the outcome any less painful for us? It’s
our children we are talking about, can we afford to give up on their future?
Faced with an historic urgency can we continue to buy into the theory of
‘sluggishness of democracy’ that enables the crooked ‘democrats’ to
buy more time to steal state resources? In the cacophony of
pre-election days you are hearing a lot of talk. There are those who talk
about our collective agonies and failures, but only as a capricious child and
they blame someone or the other for all that is not well. And then there are
few, very few, who talk wisely as grown-ups and turn their power of judgment
upon themselves and take responsibility. And here lies the dilemma
for any people making the difficult transition to democracy: To elect the
wise and the responsible as representatives of people, the people must have
an appreciation for wisdom and responsibility. Election 2013 is another test
of people of Pakistan. Have we as a nation entered adulthood yet? Have you as
a voter? masudalam@yahoo.com
polls With election less
than a fortnight away, campaign fever has gripped the country. Lahore,
undoubtedly the hub of national politics, is one city where interesting
electoral contests are in the making. Traditionally a stronghold
of PML-N, odds are still in its favour. But the result will not be one-sided
as it was, especially in the 2008 elections. The PTI which has emerged as the
third biggest national level party is expected to give a tough fight to PML-N
and, according to experts, will matter in at least five national assembly
constituencies. These constituencies are NA-118, NA-121, NA-122, NA-126 and
NA-128. The influence may be substantial if the voter turnout is high. In 2008 elections, PML-N
won 11 out of 13 National Assembly seats falling within the city’s
territorial lists. Only two PPP candidates, Samina Khalid Ghurki and Tahir
Shabbir Mayo, won from constituencies NA-130 and NA-129 respectively.
According to analysts, the PPP may save the NA-130 seat this time but is
unlikely to win the other one where
Mian Shahbaz Sharif is himself contesting. The dynamics of
electioneering in Lahore determine how political parties have decided their
candidates and how much their campaigns suit these very dynamics. First of all, the
clan-based politics of Lahore has been dominated by Kashmiris and Arains and
that is reflected in the choice of candidates. The PML-Q candidates who paid
the price for being allies of Pervez Musharraf in 2008 elections have joined
other parties, especially the PTI, and are in a position to influence the
election results. It seems that Lahore’s
politics is no more centered fully on anti-PPP rhetoric; now it is more of a
PML-N-PTI battle. People are not happy with ex-PML-N MPAs who “did not do
anything for the people of their constituencies”. However, the PML-N MNAs
were exonerated of this charge for being in the opposition. Thus, around nine
ex-PML-N MPAs were either denied tickets altogether or fielded in areas away
from their former constituencies. For example, Chaudhry Abdul
Ghafoor, ex-minister for prisons and MPA Ajasim Sharif have been denied
tickets. Khawaja Bilal Yaseen was not given the NA ticket but accommodated in
provincial assembly constituency, apparently on the request of his aunt
Kulsoom Nawaz Sharif. Punjab’s former Health Advisor Khawaja Salman Rafiq,
who contests from the Walled City is this time contesting from Garden Town
where he will have to start from scratch. Mian Mujtaba Shuja who
enjoyed five ministries in the last government is contesting from PP-141
despite stiff resistance from the people of the constituency. Pushed to the
wall, he has started saying openly that even though he enjoyed five
ministries, he had very limited powers. These comments might irritate Mian
Shahbaz Sharif but they have definitely cooled down the tempers of many
offended by his behaviour in the past. Coming back to the
constituency-wise position, PML-N is fielding heavyweights including members
of the family heading it including Nawaz Sharif, Shahbaz Sharif, Hamza
Shahbaz, Saad Rafiq, Pervaiz Malik, Rohail Asghar, Sardar Ayaz Sadiq and
Afzal Khokhar. On the other hand, Imran
Khan has fielded both old and new faces whereas the PPP has come up with the
weakest of candidates barring Samina Khalid Ghurki. And now a look at who
fights who and where. In NA-118, PML-N’s
candidate Malik Riaz, PTI’s Hamid Zaman and PPP’s Faraz Hashmi and JI
candidate Mian Maqsood Ahmed are pitched against each other. Malik Riaz got
55,000 votes in the last elections and defeated PPP’s Pir Asif Hashmi who
got 24712 votes. This time Asif’s son Faraz Hashmi, is contesting on the
PPP ticket. The real contest, however, will be between PML-N’s Malik Riaz
and PTI’s Hamid Zaman who owns the Bareeze brand. Electoral contest in NA-119
is strongly in the favour of PML-N candidate Hamza Shahbaz Sharif. The PTI
candidate Muhammad Madni is relatively new in politics and is a leader of the
PTI youth wing. JI contender Chaudhry Shaukat Ali is also in the arena though
his presence will not make much difference. Ayesha Ahad Malik, who claims to
be Hamza’s wife, is also contesting and will gain some attention because of
this fact alone. NA-120 sees PML-N Quaid
Nawaz Sharif pitched against JI’s Hafiz Salman Butt and PTI’s Dr Yasmeen
Rashid. According to the PML-N loyalists, Imran Khan had vowed to fight Nawaz
in his home constituency but later on, fearing defeat, decided to contest
from NA-122. There are reports, though unconfirmed, that the PTI and the JI
are holding talks about seat adjustment. If that happens, the PTI’s Dr
Yasmeen Rashid may have to withdraw in favour of JI candidate. In NA-121, a triangular
fight is likely among the PTI candidate Hammad Azhar, PML-N’s Mehr Ishtiaq
and JI candidate Farid Paracha who has a strong vote bank around the JI
headquarters in Mansura. In NA-122, PTI leader Imran Khan is quite strong and
contesting against PML-N’s Ayaz Sadiq who was a PTI candidate in the
provincial assembly constituency in 1997. In NA-123 PML-N’s Pervaiz Malik
is in a much better position than PPP’s Azizur Rehman Chan and PTI’s Atif
Chaudhry. In NA-124, PML-N’s Sheikh Rohail Asghar is a strong candidate
against the PPP runner Bushra Aitzaz. One reason for this is that PTI’s
Waleed Iqbal is unlikely to grab a significant share from PML-N’s
traditional vote bank in the constituency. In NA-125 Khawaja Saad
Rafique faces a tough time, not because of his opponents — PPP’s Naveed
Chaudhry and PTI’s Hamid Khan — but because of former PML-N’s Hakim Ali
Bhatti who is contesting as an independent candidate. If he does not abdicate
in Saad’s favour, the ultimate benefit may go to PTI’s Hamid Khan.
Similarly, PML-N’s Khawaja Hassan and PTI’ Shafqat Mehmood are almost
evenly poised against each other. There are reports that efforts are underway
for seat adjustment here and this time Shafqat Mehmood may have to abdicate
in favour of JI’s Liaquat Baloch. In NA-127, PML-N’s Waheed
Alam Khan, who is related to Hamza Shahbaz, is a strong candidate against
PPP’s Khurram Lateef Khosa of PPP and PTI’s Nasrullah Mughal. In NA-128, Karamat Khokhar
of PTI is one of the strongest party candidates in Lahore after Imran Khan
and his main contestant is PML-N’s Afzal Khokhar. Any of the two can win
depending on who wins support of the clan. In NA-129, PPP candidate
Tariq Shabbir Mayo is contesting against PML-N Punjab President Shahbaz
Sharif, which seems to be a one-sided affair in favour of the latter. Mayo
won in 2008 elections but this time is quite unlikely to win. Last but not the least,
NA-130 seems to be a very interesting contest in the making. PPP’s Samina
Khalid Ghurki who won in the last two elections is likely to make a comeback.
The arch rivals, Dyals, have joined Ghurkis and together they are bound to
make life tough for the PML-N contender Suhail Shaukat Butt.
The status quo
remains For more than three
decades, they have not dropped a vote down the slit of a ballot box — at
least not until renouncing their faith. Ironically, even the man who had so
diligently fought the case for their rights 20 years ago was unable to set
the wrongs right for the General Elections 2013.
But given the past disappointments, expecting anything else would have
been overoptimistic. It was the present Chief
Election Commissioner, Fakhruddin G. Ebrahim, who was the counsel for the
five appellants belonging to the Ahmadiyya community in the 1993 Zaheeruddin
case. The five Ahmadis — Zaheeruddin, Abdur Rehman, Majid, Rafi Ahmad and
Muhammad Hayat — had appealed before the apex court against the sentences
handed down to them for wearing badges bearing the kalima and claiming to be
Muslims. They were convicted under
the controversial Ordinance XX promulgated by the military ruler General
Ziaul Haq in 1984, targeting the Ahmadiyya community. Ebrahim had presented a
strong argument before the court. He had submitted that Ordinance XX was
“oppressively unjust, abominably vague, perverse, discriminatory, produce
of biased mind, so mala fide and wholly unconstitutional being violative of
Articles 19, 20 and 25 of the Constitution”. According to him, imposing
restrictions on the Ahmadis’ “religious practices, utterances and
beliefs” violated the right to speech, profess and practice one’s faith
and amounted to serious discrimination. However, the court had
upheld the sentences and declared the ordinance in accordance with the
Constitution. Two decades later,
not even Ebrahim as the Chief Election Commissioner could turn things around.
A delegation of Ahmadis met
with Ebrahim and other officials, but the system that makes the community
members choose between their faith and the right to vote still remains in
place. Disappointed, they boycotted the upcoming polls. “We wrote letters
[for changing the system] to the authorities in 2007 too but to no avail,”
said Saleemuddin, the spokesperson for the community, adding, “It is no
different this time round. Our appeals have been ignored for years.” Separate electoral list Not only has the Election
Commission continued to discriminate against Ahmadis, but also exposed them
to more perils. It ordered that a separate electoral list be prepared only
for Ahmadis. The nominal rolls it published contain the community members’
latest addresses, turning them into sitting ducks for the modern-day
witch-hunters. The brief reintroduction of
the joint electorate system in the country in 2002 had led many to believe
that there was hope after all. It had brought an end to the system imposed by
General Ziaul Haq in 1985 under which separate electoral lists were prepared
for different religious groups. But that never happened. A
few days after the joint electorate system was reintroduced, the then
President General Pervez Musharraf caved in to the demands of hardline
clerics and promulgated the Chief Executive Order 15 of 2002, inserting
Articles 7B and 7C in the Conduct of General Elections Order, 2002. The first
article enforced that the status of Ahmadis was to remain unchanged despite
the Conduct of General Elections Order 2002. The second required the voters
to sign a declaration that Prophet Muhammad (pbuh) was the last of the
prophets. Those who refused to sign it were to be deleted from the joint
electoral rolls and added to a supplementary list of voters in the same
electoral area as non-Muslims. So the joint electorate
system never made a comeback in the true sense. No option The Ahmadis cannot sign the
declaration because of their religious beliefs. The other option for them —
the one they are unwilling to take — is to list themselves as non-Muslims.
For the 2002 elections, the Election Commission had introduced two separate
forms for the registration of voters — Form 2 for Muslims and Form 8 for
Non-Muslims. Ahmadis could only apply through Form 8. Now, there is no Form 8
and Form 2 has been redesigned for the registration of all voters. But there is a catch. The
applicants have to tick one of the boxes in the new form to indicate their
religion. Those who tick themselves as Muslims have to sign a declaration on
the form that they are not Ahmadis and do not share the religious beliefs of
that community. In a nutshell, the
Ahmadiyya community has been strategically kept deprived of their right to
vote. “The Form 8 has been kept unchanged for the upcoming elections,”
said Saleemuddin. “Everything remains the same.” Another dead end A couple of month ago, the
Supreme Court had started hearing of petition submitted in 2007 against the
two articles inserted by Pervez Musharraf in the election law. Later, the
court made it clear that the decision would be made in the light of the
constitutional provisions and principles laid down in the Zaheeruddin case
verdict — apparently another
dead end for the Ahmadiyya community.
Sceptic’s Diary Democracy is like
wine. It gets better with age. It learns restraint and responds to its
detractors in mature ways. It also, over time, becomes more accepting of
people who seek to enter the competitive arena it offers. Judiciaries in a democracy
play an important role. Looking from one angle, their role is often counter-majoritarian
— at least in theory. This is particularly true for countries where judges
are not elected to their offices. This counter-majoritarian function implies
and even demands certain disconnect between the wishes of the majority and
the results in court cases that particular interpretations of statutes and
constitutions might lead to. At the same time, there is
an increasing amount of scholarship suggesting that a critical mass of public
opinion does sway judiciaries. Indeed when we live in an
age of mass information, it is hard to imagine how judges who see their
opinions being analysed in the print and electronic media, and even on social
networks, can remain completely shielded from being influenced by public
opinion. Taking public opinion into
account might not always be a bad thing. Of course, there is the
counter-argument that the appearance of not being influenced by public
opinion is important in itself. This might add, some may claim, to the
courts’ legitimacy. One can’t be sure if this is true. The appearance of total
disconnect between the judiciary and public opinion and the ideas in the
public sphere leads to what Professor Feldman calls the ‘idealization’ of
the courts. This can have its benefits of course but in a democracy, Feldman
argues, this is not always desirable since the people are unsure about what
the courts are ‘for’. Indeed in a democracy in which we do not elect our
judges, it is all the more important that the public are clear about the ways
in which they can hold the courts accountable. Superior courts in this
country (the Honorable High Courts and the Supreme Court) often react to
public sentiment — sometimes openly and at other times less so. The concept
of ‘public interest litigation’ in itself is partly an admission that
what the public sees and articulates as its own interest is important for our
courts — and indeed their legitimacy. So if we accept that at
some level we can influence the courts’ approaches by articulating our
politics and reactions to certain developments, it is incumbent on us (we the
people) to remain engaged in this on-going dialogue between the general
public and the courts. It is incumbent on us to counter the voices that
encourage judicial activism leading to policy-making. It is also important,
and this may sound ironic, that we articulate the importance of courts not
following the populist sentiments when unpopular causes or issues are brought
before them. This is essential if we
want to protect people or causes that do not command of the sympathy of the
majority — without prejudice to how the majority might be defined in a
particular context. Consider the cases
involving Pervez Musharraf. There is of course a powerful argument that his
actions while he was heading this country’s government were not always
strictly legal. He abrogated the constitution to come into power and
effectively abrogated it again —even though he may call it suspension or an
emergency. His actions resulting in the detention of Justices are worthy of
condemnation and hardly anyone who went to a law school or has a basic civic
sense would dispute that. What is not desirable or
understandable, however, is treating Musharraf as if he has no rights. He
remains a citizen of this country and is entitled to due process and a fair
trial. Most criminal lawyers I know expressed surprise when the Honorable
Islamabad High Court refused to grant him bail. The horrific ‘media
trial’ leading up to that fateful day in Islamabad and subsequent to that
is clearly not going to help Musharraf’s cause of a fair trial. He is quite literally being
hounded by the media — as it demands statements from all politicians that
he should be tried for high treason. Now, prosecuting someone is
usually the State’s prerogative — unless someone brings a private
complaint. But without prejudice to that, we need to think about the
importance of this time in history and how we as a society will be judged by
how we treat Musharraf now. He wants to contest
elections and if he doesn’t meet the eligibility criteria he will not be
able to run for office. Fair enough. But regardless of the anger
that any sections of the media or the legal fraternity might feel towards
him, it is essential that he is accorded the fairest legal process we can
offer him. The legitimacy of any legal
system lies significantly in the fact that it is not based on knee-jerk
reactions; it does not conduct sham or mock trials when there is great
pressure to target or punish someone. There is a great danger that we as a
society might forget all of this when it comes to Musharraf. He deserves due
process, not for any other reason, but because he is a citizen of this
country. If the High Court or Anti
Terrorism Court judges hearing his cases have a conflict of interest in any
way, shape or form, then one hopes that they will recuse themselves from the
respective benches. And if there is a conflict of interest and any judges do
not do that then it is incumbent on us to raise our voices to demand due
process for Musharraf. Democracy is already coming
out on top in this battle. A former military general who carried out a coup
is now placing himself before the electorate as a candidate. That in itself
has powerful symbolic value. But we must not resort to victors’ justice.
History is a harsh judge. And the Constitution, that we wanted to be restored
each time Musharraf ignored it, demands that Musharraf should be given due
process. In the past five years,
Pakistan has come a long way. It is time for us to show ourselves that we
have grown up, and that when we talk about the supremacy of the rule of law,
we actually mean it. And while democracy is like
wine, it does not mean that we interpret democracy to mean “stuff we
like” and get drunk on it. The writer can be reached
at wmir.rma@gmail.com or on Twitter @wordoflaw |
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