Zardari as President an Old 'don', or a new dawn for Pakistan?

Mr. Zardari despite all reservations and his past was duly elected by the Parliament on 6 September 2008 and it is a good sign for democracy that opposition legitimised the show by participating it and later whole heartedly accepting defeat. Congratulations to Mr. President and let’s bye gone be bye gone and restart a new chapter in Pakistan with an aim of parliamentary sovereignty, rule of law and economic alleviation in the country which is at the verge of institutional and economic collapse. The job which requires sheer wisdom and consultation may not be completed if President does not take himself above his party interest and venture to work jointly as envisaged in ‘ Charter of Democracy’ by his knightly wife Be Nazir as working single handedly may not remove the dark clouds on the civil system which carry a history of four decades.

I foresee four main issues which may take him from 5 months to 5 year rule. First of all his impartiality as his job requires him to treat all equally by genuinely promoting Federation and allowing the healthy opposition by invoking an idea of issue based constructive politics. If he can agree to disagree and allow this principle to be digested by his party and the political class in general, it will evaporate the politics of 90 and will promote tolerance which is in deficit in Pakistan. It will also strengthen the civil system and continue the political process. He must also consider giving his party position to that of his sister and or the sister in law whilst he is a head of state, of course with due consultation of his party.

Secondly, most important issue is Pakistan’s foreign policy. I believe the determination the limits of Pakistan’s role in war on terror will be very crucial and he must take Parliament and security apparatus in confidence in order to advance Pakistan’s due and lawful contribution in this global exercise keeping our sovereignty intact. Musharraf’s tacit understandings which has no parliamentary backing will not be acceptable now and any ‘double crossing’ will not work here either, so he must make it clear that no access either to nuclear or our rear tribal areas without Parliamentary approval and security clearance as that will determine how far his new assignment is acceptable to circles which matters. If aid emphasis remains on United States then shopping list will come with it from them and trade preference will vanish so we need a clear priority on state integrity, controlling inside security and flourishing economic activity.

Thirdly, judges issue will remain a bone of contention in his governance if not settled amicably. I am sure he can work on bigger issues of repealing 17th amendment, implementing charter of democracy and economic revival if judges are restored in accordance with his own declared agreements with his opponents. I am not sure whether he is acting like Nehru or is genuinely has been transformed like him but his credibility will depend a lot on how he settles the judges issue. The way he has so far managed to divide judges, pulled out pro PPP lawyers from the movement and finally had capped the long march show his capacity & management skills. However, dishonouring the whole struggle may not leave any judge in future for so called war of independence of judiciary and sovereignty of Parliament in the event military comes in future, so despite having reservation on any particular judge by PPP, saving the original principle is a genuine and national cause. Iftikhar Choudhary no doubt carries the support of the people for his resilience against a dictator since 9 March 2007 and their clans restoration, compensation and honouring them will create a serious obstacle in the way of military intervention in future.

Fourthly, the issue of a popular slogan of ‘roti kapra aur makkan’ the manifesto of PPP to ease the suffering of ordinary people of Pakistan by providing shelter, food and employment, basic justice and human rights and that’s only possible if Mr. Zardari’s government could get out of the mess it should have been out in the first month. When there is an international food shortage and recession looming over our heads and Pakistani budget trailing in 10 billion, there is not a lot of economic activity one may initiate. Its agreed that his govt. may not be able to fill the bellies of millions who are living below poverty line, but historian will definitely forgive him if he contributes to rebuild a basic structure from where services are provided by erecting hospitals, employment bureaus, educational establishments, and justice for all irrespective of who they are as I believe if his nation is healthy, happy and educated and is treated equally then they will find a way to contribute constructively in any national drive.

Finally a word of wise to new President that complacency is a very dangerous thing in politics and he must learn from that of the coup de tat against Mian Nawaz Sharif. When General Musharraf took over on 12 October 99, Mr. Sharif’s premiership had a two third majority, his own party supported President, his brother as chief minister and he had his governments in all remaining provinces including his speaker and chair of senate but we witnessed that a junior ranking officer implemented the orders of his seniors by pointing a short range gun on the prime Minister and his own appointed COAS. The lesson from it was clear and unambiguous to initiate a ‘charter of democracy’ by both former premiers to avoid a similar situation in future and form a policy of civilian co-existence. Absolute power is nothing, the key to save the system is in partnership of civil and military and collective collaboration of political forces until we are out of a real threat of a war. We wholeheartedly welcome you for being duly elected and you have a chance to either change the history from here onwards and stop the future of military dictatorship in Pakistan or become a victim of history yet again. You can either be a villain a don of yesterday or be an originator of a new dawn for the poverty ridden, institutionally weak, segregated, and truly traumatised Pakistan. The decision is yours and BB will be watching over you with a great interest.

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

7 September 2008

Posted by amjad | September 8, 2008 5:54 AM

Old ‘don’ or a new dawn for Pakistan Written By: Amjad Malik

Mr. Zardari despite all reservations and his past was duly elected by the Parliament on 6 September 2008 and it is a good sign for democracy that opposition legitimised the show by participating it and later whole heartedly accepting defeat. Congratulations to Mr. President and let’s bye gone be bye gone and restart a new chapter in Pakistan with an aim of parliamentary sovereignty, rule of law and economic alleviation in the country which is at the verge of institutional and economic collapse. The job which requires sheer wisdom and consultation may not be completed if President does not take himself above his party interest and venture to work jointly as envisaged in ‘ Charter of Democracy’ by his knightly wife Be Nazir as working single handedly may not remove the dark clouds on the civil system which carry a history of four decades.

I foresee four main issues which may take him from 5 months to 5 year rule. First of all his impartiality as his job requires him to treat all equally by genuinely promoting Federation and allowing the healthy opposition by invoking an idea of issue based constructive politics. If he can agree to disagree and allow this principle to be digested by his party and the political class in general, it will evaporate the politics of 90 and will promote tolerance which is in deficit in Pakistan. It will also strengthen the civil system and continue the political process. He must also consider giving his party position to that of his sister and or the sister in law whilst he is a head of state, of course with due consultation of his party.

Secondly, most important issue is Pakistan’s foreign policy. I believe the determination the limits of Pakistan’s role in war on terror will be very crucial and he must take Parliament and security apparatus in confidence in order to advance Pakistan’s due and lawful contribution in this global exercise keeping our sovereignty intact. Musharraf’s tacit understandings which has no parliamentary backing will not be acceptable now and any ‘double crossing’ will not work here either, so he must make it clear that no access either to nuclear or our rear tribal areas without Parliamentary approval and security clearance as that will determine how far his new assignment is acceptable to circles which matters. If aid emphasis remains on United States then shopping list will come with it from them and trade preference will vanish so we need a clear priority on state integrity, controlling inside security and flourishing economic activity.

Thirdly, judges issue will remain a bone of contention in his governance if not settled amicably. I am sure he can work on bigger issues of repealing 17th amendment, implementing charter of democracy and economic revival if judges are restored in accordance with his own declared agreements with his opponents. I am not sure whether he is acting like Nehru or is genuinely has been transformed like him but his credibility will depend a lot on how he settles the judges issue. The way he has so far managed to divide judges, pulled out pro PPP lawyers from the movement and finally had capped the long march show his capacity & management skills. However, dishonouring the whole struggle may not leave any judge in future for so called war of independence of judiciary and sovereignty of Parliament in the event military comes in future, so despite having reservation on any particular judge by PPP, saving the original principle is a genuine and national cause. Iftikhar Choudhary no doubt carries the support of the people for his resilience against a dictator since 9 March 2007 and their clans restoration, compensation and honouring them will create a serious obstacle in the way of military intervention in future.

Fourthly, the issue of a popular slogan of ‘roti kapra aur makkan’ the manifesto of PPP to ease the suffering of ordinary people of Pakistan by providing shelter, food and employment, basic justice and human rights and that’s only possible if Mr. Zardari’s government could get out of the mess it should have been out in the first month. When there is an international food shortage and recession looming over our heads and Pakistani budget trailing in 10 billion, there is not a lot of economic activity one may initiate. Its agreed that his govt. may not be able to fill the bellies of millions who are living below poverty line, but historian will definitely forgive him if he contributes to rebuild a basic structure from where services are provided by erecting hospitals, employment bureaus, educational establishments, and justice for all irrespective of who they are as I believe if his nation is healthy, happy and educated and is treated equally then they will find a way to contribute constructively in any national drive.

Finally a word of wise to new President that complacency is a very dangerous thing in politics and he must learn from that of the coup de tat against Mian Nawaz Sharif. When General Musharraf took over on 12 October 99, Mr. Sharif’s premiership had a two third majority, his own party supported President, his brother as chief minister and he had his governments in all remaining provinces including his speaker and chair of senate but we witnessed that a junior ranking officer implemented the orders of his seniors by pointing a short range gun on the prime Minister and his own appointed COAS. The lesson from it was clear and unambiguous to initiate a ‘charter of democracy’ by both former premiers to avoid a similar situation in future and form a policy of civilian co-existence. Absolute power is nothing, the key to save the system is in partnership of civil and military and collective collaboration of political forces until we are out of a real threat of a war. We wholeheartedly welcome you for being duly elected and you have a chance to either change the history from here onwards and stop the future of military dictatorship in Pakistan or become a victim of history yet again. You can either be a villain a don of yesterday or be an originator of a new dawn for the poverty ridden, institutionally weak, segregated, and truly traumatised Pakistan. The decision is yours and BB will be watching over you with a great interest.

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

7 September 2008

Posted by amjad malik | October 24, 2008 5:47 AM

‘Iftikhar’

Iftikhar is translated as ‘honour ’ in the dictionary, however this one word in Pakistan has gained significance from the name of deposed Chief Justice of Pakistan Iftikhar Mohammed Chowdhary who is still waiting for his restoration on 3rd November position. He was dismissed, and detained by General Musharraf as a result of an unlawful military action. Chowdhary not only settled the score of history by challenging the myth that Pakistani judges are always ready to work hand in hand to support its generals , but also tried to nip the very evil in the bud, which is core of Pakistan’s constitutional hap hazard history, the all time notorious ‘law of necessity.’

When we look at these hollow claims that law of necessity is buried forever especially after 20 July, we must analyse as to why there always seem a gap which is filled by our Generals. We need to look at the reasons as to why the country was divided in 1971; corruption allegations always surfaced in civilian rule and military never could hold them accountable as they lacked legitimacy. Musharraf regime despite weak opposition and leaps of dollars could not go nearer to the completion of its seven point’s agenda. In fact, he brought the federation to near collapse. Most ironic is the current civilized government who seems an epitome of mal administration where committee chairmen along with anyone coming to Premier house with warnings is deemed fit to be given ‘Federal Minister Status.’ President house seems to be representing a group amongst one party only than the federation. In these circumstances the slogan or aspiration of rule of law, democracy, justice, and governance seems a wish for the moon. Iftikhar Chowdhary has turned the tide towards the very basic fact that from Karachi to Khyber people demand justice let it be Justice with the state, justice with the nation or justice with the institutions.

Our corrupt mindless politicians have always provided a room for an unlawful intervention. Strong unpoliticised, meritorious and robust judiciary is the need of the hour to break the nexus of the military & judges which always legalized military coup de tats in the short history of 61 years of Pakistan. 9th of March initiated a debate and 20 July was its near climax, however politicians could close the gap after 18 February elections and could have translated the death of Be Nazir towards a new era by forging alliance of political forces that now martial will not be the future of Pakistan. Looking at their 9 months rule, it’s a plethora of deceit, lies, broken promises, bluff, mal administration and corruption. Everyone is trying to do what is not its job & expertise, President wants to be Premier, Premier aspires for love of all by doing nothing, Chief of armed forces doing premiers job when he warns retaliation to foreign invaders, and Advisors -Generals and Ministers trying to do scholars job. Media is partially gagged and at some places its mouth is shut rather than filled with coercive adjustment and or warnings. A few honest are trying to work unnoticeably. Musharraf’s claim to liberate media despite two interceptions has started to look real.

Lawyers who worked hard during last 20 months are regrouping for a bloody battle of clash of ideas as this time it’s going to be very difficult for any Aitzaz to send them home quietly as they will come for a confrontation from home to either successfully secure reinstatement of CJ or Dama Dam Mast Qalandar (end war). The election of Ali Ahmed Kurd to the President of Supreme Court Bar slot, will speed up the resilience and confrontation process as sanity is vanishing rapidly amongst grey haired lawyers and it’s all because of breaching pacts dearer to their souls which are merely proved hollow unreligious words of politicians to Zardari. When we try to compete with India through war of words, they respond by taunting us as to who is begging for survival, and it seems due to incompetencies of our political classes Pakistan has only unskilled people to export as they have nothing fresh to offer to the community of nation.

Addressing to Iftikhar Chowdhary, I can only say a few words, that you did your best; you are an ‘Iftikhar’ for us and hats off to your team who lighted a candle of Justice and rule of Law. But Pakistan is not ready yet for transparency, good governance and rule of law. You will soon hear that the sale of very steel mill you stopped considering an asset, will be given in a ‘buy one, get one free’ deal to the one who loan these beggars as IMF when comes in any compound does not go empty handed. You suffered the summers, and winters in confinement for us, but we are though ready in mind for justice but are reluctant to relive the Zardari’s of our country from their duties considering ‘what will Be Nazir think of us.’ Though they never think if they do not restore the Chief Justice, what will she think of them. Forgive us Iftikhar Mohammed Chowdhary, you may be a pride of the nation, a prize for the unprivileged, but you still are a nightmare for our corrupt elite, unbridled police and bureaucracy. How can you be restored, Pakistani Govt does not afford your recall. They wish to survive with All time respectable trouble free Dogar as he sees nothing, hears nothing, does nothing, and taking a suo moto action even if Angoor Adda mission is accomplished is beyond his comprehension as Supreme Court is on leave after 61 years.

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

21 October 2008

Posted by amjad malik | October 24, 2008 5:48 AM

‘Iftikhar’

Iftikhar is translated as ‘honour ’ in the dictionary, however this one word in Pakistan has gained significance from the name of deposed Chief Justice of Pakistan Iftikhar Mohammed Chowdhary who is still waiting for his restoration on 3rd November position. He was dismissed, and detained by General Musharraf as a result of an unlawful military action. Chowdhary not only settled the score of history by challenging the myth that Pakistani judges are always ready to work hand in hand to support its generals , but also tried to nip the very evil in the bud, which is core of Pakistan’s constitutional hap hazard history, the all time notorious ‘law of necessity.’

When we look at these hollow claims that law of necessity is buried forever especially after 20 July, we must analyse as to why there always seem a gap which is filled by our Generals. We need to look at the reasons as to why the country was divided in 1971; corruption allegations always surfaced in civilian rule and military never could hold them accountable as they lacked legitimacy. Musharraf regime despite weak opposition and leaps of dollars could not go nearer to the completion of its seven point’s agenda. In fact, he brought the federation to near collapse. Most ironic is the current civilized government who seems an epitome of mal administration where committee chairmen along with anyone coming to Premier house with warnings is deemed fit to be given ‘Federal Minister Status.’ President house seems to be representing a group amongst one party only than the federation. In these circumstances the slogan or aspiration of rule of law, democracy, justice, and governance seems a wish for the moon. Iftikhar Chowdhary has turned the tide towards the very basic fact that from Karachi to Khyber people demand justice let it be Justice with the state, justice with the nation or justice with the institutions.

Our corrupt mindless politicians have always provided a room for an unlawful intervention. Strong unpoliticised, meritorious and robust judiciary is the need of the hour to break the nexus of the military & judges which always legalized military coup de tats in the short history of 61 years of Pakistan. 9th of March initiated a debate and 20 July was its near climax, however politicians could close the gap after 18 February elections and could have translated the death of Be Nazir towards a new era by forging alliance of political forces that now martial will not be the future of Pakistan. Looking at their 9 months rule, it’s a plethora of deceit, lies, broken promises, bluff, mal administration and corruption. Everyone is trying to do what is not its job & expertise, President wants to be Premier, Premier aspires for love of all by doing nothing, Chief of armed forces doing premiers job when he warns retaliation to foreign invaders, and Advisors -Generals and Ministers trying to do scholars job. Media is partially gagged and at some places its mouth is shut rather than filled with coercive adjustment and or warnings. A few honest are trying to work unnoticeably. Musharraf’s claim to liberate media despite two interceptions has started to look real.

Lawyers who worked hard during last 20 months are regrouping for a bloody battle of clash of ideas as this time it’s going to be very difficult for any Aitzaz to send them home quietly as they will come for a confrontation from home to either successfully secure reinstatement of CJ or Dama Dam Mast Qalandar (end war). The election of Ali Ahmed Kurd to the President of Supreme Court Bar slot, will speed up the resilience and confrontation process as sanity is vanishing rapidly amongst grey haired lawyers and it’s all because of breaching pacts dearer to their souls which are merely proved hollow unreligious words of politicians to Zardari. When we try to compete with India through war of words, they respond by taunting us as to who is begging for survival, and it seems due to incompetencies of our political classes Pakistan has only unskilled people to export as they have nothing fresh to offer to the community of nation.

Addressing to Iftikhar Chowdhary, I can only say a few words, that you did your best; you are an ‘Iftikhar’ for us and hats off to your team who lighted a candle of Justice and rule of Law. But Pakistan is not ready yet for transparency, good governance and rule of law. You will soon hear that the sale of very steel mill you stopped considering an asset, will be given in a ‘buy one, get one free’ deal to the one who loan these beggars as IMF when comes in any compound does not go empty handed. You suffered the summers, and winters in confinement for us, but we are though ready in mind for justice but are reluctant to relive the Zardari’s of our country from their duties considering ‘what will Be Nazir think of us.’ Though they never think if they do not restore the Chief Justice, what will she think of them. Forgive us Iftikhar Mohammed Chowdhary, you may be a pride of the nation, a prize for the unprivileged, but you still are a nightmare for our corrupt elite, unbridled police and bureaucracy. How can you be restored, Pakistani Govt does not afford your recall. They wish to survive with All time respectable trouble free Dogar as he sees nothing, hears nothing, does nothing, and taking a suo moto action even if Angor Adda mission is accomplished is beyond his comprehension as Supreme Court is on leave after 61 years.

Amjad Malik is a Solicitor-Advocate of the Supreme Court of England & Wales

21 October 2008

Posted by amjad malik | October 25, 2008 9:44 AM