This cannot be justified under any pretext. Not even the now officially imbibed and practised notion that ends justify the means.
This cannot be justified under any pretext. Not even the now officially imbibed and practised notion that ends justify the means.
Justice Tariq Mahmood of the High Court of Baluchistan who earlier has resigned as member of the Election Commission, because he maintained that the referendum being planned was unconstitutional, was forced by the government to resign as judge of the Baluchistan High Court.
On April 16 Mahmood informed a press conference that he was asked by the competent authorities to withdraw his comments declaring the presidential referendum as unconstitutional.
The judge had also argued that working under the Constitution the Election Commission, had no authority to hold a referendum. Since Justice Mahmood refused to withdraw his remarks he was given the option to resign.
Standing by his principles the judge opted to resign rather than lie about his position on the referendum. Such a development raises multiple issues. That the members of the judiciary currently cannot be accepted as independent players on important power and politics related issue.
That independence of thought will be accepted to the extent that it does not have a practical impact on matters related to power and authority.
Hence when the judge raised questions about the Constitu-tional validity of an action which constitutes one of the pillars of the Musharraf-authored political structure and its fillings he could not be tolerated in the judiciary.
If Justice Mahmood's claims are correct then the message on matters of power and authority is clear. Any degree of dissent among groups which are seen to be potentially undermining and hindering the Musharraf-led political restructuring and the genetic re-engineering of Pakistani politics and politicians, will be wiped out.
Why, a general who can live with a free press and now even with a free television network, is unwilling to accept dissent within the judiciary, conveys the limits he is going to set for freedom in areas and institutions which is convinced can undermine his restructuring agenda. This would include principally the judiciary which must be the legitimising force behind the President's action and the army, the muscle power behind his actions.
Interestingly in recent months the reform restructuring process has been politically inextricably been linked to his own person conveying an approach that views state-centred force and personality as central to a reform process. It is this approach which underlines for General Parvez Musharraf the necessity to keep wearing his COAS uniform as President.
The force of the armed forces, Musharraf's prime constituency, will keep the politicians in line. Such is the logic expounded by the General when he told the press that if an elected prime minister took steps against national interests he would be removed.
In his blunt and straight-forward way Musharraf reiterated basic elements in the under implementation Musharraf-authored power politics of Pakistan.
Five are noteworthy:
One: That the local bodies set-up especially the Nazims, who depend on Musharraf for their political creation and survival, are the back-bone for his referendum drive.
Two: That his uniform, hence military power is an important requirement for sustaining political and economic reform.
Three: That state facilities including funds, staff and vehicles could be used for referendum activities since, according to him the referendum is a Constitutionally cleared activity.
Four: The significance of the referendum the President candidly argues is that it will influence what will happen in October. His success in the referendum means success for those political parties that support him in the referendum and constitute the pro-reform lobby will get public support.
Five: Mushararf is aggressively positioning himself as the political leader around whom the other parties will rally. He continuously promotes and projects himself as the man of the people. He wants to become the popular autocrat, the only man who can promote the poor man's interests.
Concentrating authority in his hands , often using constitutional interpretations of a power-friendly judiciary Musharraf wants to be the force on the Pakistani politics which will sever the umbilical cord between the public and Benazir Bhutto and Nawaz Sharif.
He has now chosen to be more correct on the return of Benazir and Nawaz, referring to legalities, political realities and personal preferences of the two leaders, yet harps on the conclusion that for him they are unacceptable working partners.
Musharraf's political message is clear. Remaining focused on the two top party leaders, Benazir Bhutto and Nawaz Sharif, Musharraf preaches rejection of those who are corrupt, plunderers and perpetuate political vendettas.
The public hears these words as the not-so-clean professional party hoppers occupy the first rows of Musharraf's referendum rallies. Musharraf would argue, this is required expediency. He does not see himself stepping down under any circumstances.
Rejecting all criticism ranging from selective accountability, to creation of a King's party to deploying state apparatus for garnering support for himself, to ending the credibility of the Local Bodies elected cadre as independent people, Musharraf has stayed his course of what he calls "political reform and reconstruction."
There is a method to Musharraf's inflexibility. With no patience of what he calls idealistic and naïve approach he is busy manipulating the context in which the October elections will be held.
As he candidly declared himself in his latest pres conference. He claims this is the only route to end the strangle-hold of "discredited" politicians, the only way the move forward in a political context that has been rushes forward in circles, that produces more of the same.
Surgical interventions will give birth to new forces he must believe. For now mostly old are evident. The political sterile environment still haunts a future political scenario of Pakistan. With a political lot in strategic retreat, with no concrete threat to Musharraf who enjoys ostensibly unquestioned authority, all the criticism against Musharraf's political re-engineering fall on deaf ear. He is convinced his path is the right one.
History tells another story. He claims he will make history. Pakistan is yet again an experiment ground for those who wield power. This time the man is sincere.
His ways remain highly questionable. People's sense of fair play is violated by a man for whom they had a reservoir of goodwill. He believes its all in a 'higher cause.' Many have argued this before rejecting the discipline of processes and principles.
This perspective is by Nasim Zehra, an analyst on Pakistani affairs based in Islamabad.