AWAKE

Many adventures/mis-adventures saw the power-reigns falling in the hands of

General Pervaiz Musharaf. It created international scandals. Dignity of the nation
suffered a set back. All this was due to factors including mainly that of Kargil
misadventure. Solemn promises were given to the nation in respect of defence,
economy, foreign relations and good governance. Shock of change from
parliamentary governance to Martial Law paralyzed Pakistanis. However, life went
on. The Constitution 1973, through different amendments, was converted into a
presidential form of government and the parliamentary system was left to remain as
a show piece. The Nation showed its willingness and strength to survive honourably
when it was confronted with natural calamity of earth quake in the Northern areas
of the country. The living force of people of Pakistan surmounted this catastrophe.

General Perviaz Musharaf is a celebrated army man. His basic training is in

commando activities. Such activities are dictated by strategists to derive limited
tactical benefits in around and behind battling armies. Of necessity, the commando
leaders are not aware of strategic approach in depth and long term appreciation of
the results of their given objectives. Their approach is confined to the limited action
entrusted to them. However, such limited approach cannot be the resolution of
overall situation and strategies faced by a nation on long term basis.

All the government media, agencies and institutions started harping on the extra
ordinary benefits to the nation under the leadership of General Pervaiz Musharaf,
while, slowly but steadily, the institutions in Pakistan, cohesion in the minds of
public and nationalism on countrywide scale kept on crumbling. The public was told
that the country has broken the begging bowl. It was correct, in that the bowl was
broken and a cauldron was taken. Pakistani individuals were sold to get Dollars. The
concept of security within the country for individuals was sacrificed on the alter of
Dollar-daggers. Where thought necessary, the rules, requirements and procedures
of national law were thrown to the winds. Resultantly an atmosphere of lawlessness,
high handedness and avoidance of law permeated to the lowest rank of
bureaucracy and law enforcement agencies. Public reaction was that dispensation
of justice was taken in hand by them. Peace keeping forces had to fortify
themselves within the police stations, and the public was left to its own fate.

In this background the Supreme Court of Pakistan headed by Justice Iftikhar

Muhammad Chaudhry took upon itself the restoration of constitutional governance
and law and order situation. This conflicted with aims, objects and approach of the
unitary government of General Perviaz Musharaf. Justice Iftikhar Chaudhry was
forced to resign but he resisted. The ground-situation had changed from 1947. The
public had become aware of what was happening. Media had an important part to
play in raising this awareness. After demand of resignation, General Perviaz
Musharaf was in a quandary. He could not step back and accept the check by the
1
Supreme Court over his invalid, illegal and nation-defeating acts. The only way for
him was to make a reference against the Chief Justice of Pakistan to the Supreme
Judicial Council. The Chief Justice sought justice from the justice-loving Judges of the
Supreme Court. The Chief Justice of Pakistan stood rehabilitated with honor. This
was the last straw on the back of the camel. Statedly the Chief of the Army Staff,
having no legal powers in this behalf suspended the Constitution, and as many as
sixty Judges of the higher judiciary were axed by invalid orders.

With illogical and unnatural haste the office of the Chief Justice of Pakistan was filled
in. The declaration of emergency and suspension of Constitution clearly stated that
the Supreme Court was not permitting the administration to work ahead. The
declaration was institution specific.

The nation-wide reaction and agitation precipitated that the nation was no more
prepared to take dictated administration against national interests. The Judges issue
was a precipitate of all the attending disillusionment from the so called good
governance.

In this back ground all the major political parties joined hands for efforts towards
restoration of judiciary as it stood on 2nd of November 2007, although benefits stood
derived from National Reconciliation Ordinance (NRO). Written promises were made
between them in the Charter of Democracy as well as Murree Declaration.
However, the usurper is trying very hard in conjunction with its punters to break
these solemn undertakings. Personal considerations are now being highlighted. Loss
of benefits through NRO and loss of power through use of Article 58(2)(b) are being
hung as Damocles Sword on some of the main politicians. The nation is now
anxiously watching if these politicians are true to the nation or true only to
themselves.

The Restoration of Judges is a precipitant which will demonstrate the honesty of

purpose, the sincerity of action and the timber of political personalities. So the
matter of restoration of judiciary is infact the first step towards the rehabilitation of
fair play in accordance with constitutional law so that the public can expect to see
justice, honesty and sincerity being infused in the governance of Pakistan. It is test
for the public for the politicians as well as for the foreign interests who clamor that
they are sincere to Pakistan. AWAKE, LEST. THIS OPPORTUNITY IS LOST.

Mohammad Azhar Siddique

Advocate
Chairman Judicial Activism Panel
Media Advisor/Coordinator Supreme Court Bar Association of Pakistan
judicialap@gmail.com