Perhaps the Islamic Republic of Pakistan (IRP) is unique as it has failed to implement rule of law despite being a constitutional democracy since August 14, 1973. General Parvez Musharraf the former President and COAS (Chief of Army Staff) was tried and convicted under Article 6 of the constitution yet he managed to escape. Mian Muhammad Nawaz Sharif (MNS) the three-time Prime Minister (PM) of Pakistan was facing a jail sentence yet he managed to leave the country on medical grounds.
Altaf Hussain the founder of MQM (Mohajir Quami Movement) was provided free passage despite serious charges of murder and exhortation against him. On the other hand, the journalist Imran Riaz Khan has been denied justice by the high-handedness of the civil administration clearly indicating that all is not well in the land of the pure. Common-Law is based on the foundations of ‘Justice for All’, it seems everyone is not equal in the eyes of law of the land.
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A constitution is a sacred document that must command respect for it to be effective
It is an agreement between the rulers and the ruled which must be followed to ensure fundamental human rights. Ever since its creation, Pakistan has faced a constitutional crisis. Perhaps it’s the only country in the world that had to enact four constitutions (1956, 1962, 1972, 1973). Thank God the 1973 consensual document has survived despite suspensions and unholy amendments by the usurpers and their tailcoats that followed. There are around twenty clauses in the constitution covering human rights, yet not one of them has been provided or discussed on the floor of the house clearly indicating lack of priority and anti-people mindset.
After ‘Law’ comes ‘Accountability’ in the absence of both no system can function. Today the republic has been rendered dysfunctional. Service to the people seems to be on no one’s agenda. Even constitutional infringements go unpunished. Personally, in my opinion, the trial of General Musharraf under Article 6 will go down in history as a commendable highlight of the political innings of one of the most corrupt politicians in the country but there are lessons to be learned in his escape.
Firstly, the individuals who prepared the Emergency Declaration in the Law Ministry and then the PM on whose advice the President acted should also have been included but they were not indicating personal vendetta against the General. In the words of Imran Khan (IK), the traitors like Mir Jaffar’s and Sadiq have to be punished to stop this intrigue against the people.
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If every institution of the state operates under the ambit of law such as determined by the constitution, adventurism by a few can be made impossible. Constitutional boundaries are crossed by the connivance of the state organs namely ‘Bureaucracy and Judiciary’. They are all party to the infringement that has repeatedly taken place in the republic and continues till today. The rights of the people have been trampled with impunity with no punishment of the perpetrators. At least the Justice Yaqoob Ali Khan doctrine should have been followed which says; to Punish after they have been disarmed.
MNS like Altaf Hussain now operates from the freedom of London
While MNS continues to pull the levers of his party from abroad, Altaf Hussain has been denied this privilege for the time being. However, the arrival of Babar Ghauri has raised a lot of eyebrows and so has the intended return of Ishaq Dar. Platelets of MNS were totally out of control while in Lahore. Hourly updates were presented on the electronic media. It seemed that his time was over but the moment he stepped onto the Royal Qatar aircraft all his ailments were gone.
The safe haven in London has ensured the perfect behavior of the faulty ‘Lahore Platelets’. He now resides in the comfort of his expensive London flats with his two sons. The bothersome chants of ‘Chor’ by the expatriates residing in the city are muffled by double pane windows. To counter the public outburst the paid goons of the party are sent to chant slogans outside the house of Jamima’s eighty-year-old mother the former mother-in-law of IK which shows the mindset of the escapees of law.
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Currently, Imran Riaz Khan is being dragged from pillar to post or court to court to teach him a lesson. It has proven to be a mockery of the judicial system which is required to ensure personal freedom. Only free nations are governed by their constitutions, slaves have no rights they are treated as beneficiaries of the state not their customers to be served. The Colonial System that we inherited was based on ‘Public Hatred’ which has continued unabated. While the colonialists were forced to leave, their system and leftovers remained to usurp our freedom. Executive abuse is the order of the day. The Judicial System is choked. The elected representatives have their own agendas. The common man is left at the mercy of the ‘Sharks’ that keep push them out of the arena.
‘Azadi’ yes, we need to rise for it but the same mistakes should not be repeated. The system of governance has to be dismantled for which ‘Technocrats’ must replace ‘Bureaucrats’. Relief to the public will only be possible once the executive abuse has been contained. For rule of law to be effective, the defense of the constitution has to be impregnable. Usually, such terms are used by ISPR (Inter-Services Press Relations), it is time that there should be a ‘Constitution Defense Force’ to stand up and fight for our constitutional rights which are being trampled every day.
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In the mean times, all outlaws should be captured and returned to face the law of the land. Pakistan and its constitution must come first. To move forward, a new road map is needed to facilitate growth. The consensual document has to be followed in letter and spirit. No one should be allowed to escape.
The writer is Ex-Chairman Pakistan Science Foundation; email: fmaliks@hotmail.com. The views expressed in this article are the author’s own and do not necessarily reflect the editorial policy of Global Village Space