Revenge of Democracy : Elections 2013

Revenge of Democracy: 

Elections 2013

By Dr Shakil A. Rai
Los Angeles, CA

http://pakistanlink.org/Commentary/2013/May13/24/01.HTM

 The just concluded elections-2013 is historic in many respects. It is the first democratic transition in more than six-and-a-half decades of Pakistan’s history; a point to be proud of that it happened in this country, and also a reason to be ashamed of that it took so long to see democracy take roots.

It was the bloodiest election campaign ever, where undemocratic forces tried to derail the process and create chaos. Democratic forces of all shades and shapes joined hands against the common enemy — the terrorists, and continued their election campaign against heavy odds. Those living in the safety and affluence of America have no idea what it takes to campaign for elections in an atmosphere of constant fear; and where more than sixty people have been killed while trying to carry their electoral message. It takes real courage to campaign in such a vicious environment.

On the Election Day the voters turned out in huge numbers (60%) in defiance of the warnings hurled by the forces of darkness and death. Men and women, young and old, rich and poor all lined up to exercise their right to chose their next government. Pakistani youth traditionally stayed away from electoral process. This time they turned out in exceptionally large number and exercised their right to vote.

Then there were attempts to inject undemocratic forces and derail or at least delay democratic process as envisaged in the Constitution. A self-styled Sheikh ul Islam with excellent skills in demagoguery was imported from Canada. He was helped to stage a mammoth public meeting in Lahore where he demanded postponement of elections and touted the favorite theme of the establishment that all corrupt, dishonest, and untrustworthy people in political offices should be eliminated first and only then electoral process could be allowed to begin. The people of Pakistan were able to see through the mischief very quickly and the man was dumped with the same haste and enthusiasm with which he was picked up earlier.

Then former military dictator General Musharraf returned to ‘save Pakistan’. He got no traction at any stage and eventually decided to boycott elections, wherein he had no prospect at all.

Election was boycotted before hand by two political parties, one led by the imported Sheikh ul Islam, and the other headed by General Musharraf. These political orphans who entered to sabotage the system were shunted out well in time, for democracy to claim success.

By and large the mass media played a constructive role in the process. Some projected one party and the other went for a different one. Yet, their overall performance strengthened the hands of democratic forces. Also, electronic media made good money from political advertisements. So for them democracy turned out to be a good business, as well.

For the first time, social media played an important role in the campaign. Tweeters and Facebookers gave a new dimension to the campaign. However, since its users were mostly urban based youngsters it briefly led to a kind of hype in favor of Pakistan Tehreek-e-Insaf and its leader Imran Khan. It masked the ground reality as it was unfolding in rural Pakistan and small towns.

Emergence of Imran Khan as an alternate political force with strong democratic credentials is a phenomenon to be reckoned with. PTI is the only political party that held intra-party elections which saw quite a few upset in the established order. This is a new tradition and other political parties which are woven around personalities and families will have to follow it, if they want survive in a democratic society.

Opinion polls held before elections, and political analyses given by ‘experts’ were closer to the actual outcome. Almost all of them had put PML(N) at number one, PPP second and PTI and MQM in third position. By and large this turned out to be correct.

Law-enforcement agencies did an excellent job in ensuring peaceful voting process and held the terrorists at bay, at least on that one day.

Elections were as free and fair, as possibly they could be. There are reports of fraud and rigging at the polling stations in some parts of the country. These complaints should be investigated vigorously and earnestly. Those found guilty should be punished, and re-election be ordered wherever necessary. This is important to keep the democratic process untainted, and to maintain the reputation of fairness and impartiality of the Election Commission of Pakistan.

The caretaker setup, though handicapped in some respects, put up a brave face and led the country through a challenging period. They deserve our thanks for undertaking an otherwise thankless job.

‘Democracy is the best revenge’ is a saying attributed to late Benazir Bhutto. Ironically democracy wreaked its revenge on a party that she inherited and led to victory more than once. In democracy this does happen, and it is not the end of the road for Pakistan Peoples Party. They can stage a comeback as they have done before.

Democracy triumphed and put those to shame who stage-managed a sham accountability process to weaken democratic leadership and strengthen their own grip on power. The accountability we witnessed on May 11 had not been seen since the election of 1970. Those who clamor for kangaroo courts to try and punish politicians for their misdeeds may take a cue that electoral process, when it is free and fair is a better tool of accountability than any judicial or administrative process.

Politicians are bad, politics is dangerous, democracy does not suit our psyche, and only a strong dictator can keep the country united and safe. This multi-pronged attack on democracy started with the first military takeover in 1958 and had gained significant traction among the affluent sections of society, and Pakistani diaspora, especially those enjoying the fruits of democracy in rich Western societies. The latest elections have, hopefully, changed their perception. According to media reports there were a few chartered flights from Europe to Pakistan that flew in hundreds of people to vote in the election.

Those who have been elected to power are now expected to deliver. The road ahead is long. It’s a hard climb on a steep slippery ascent. Problems are daunting and patience of the electorate has been worn thin.

PML has every right to celebrate victory, but they should know they have been put to a severe test. Failure is not an option, but if they do fail, the revenge of democracy will be as unforgiving as it has been to the erstwhile rulers.

Democracy is a great system that ensures smooth transition of power, and gives ordinary citizen the right to vote a government in or out. Thus, democracy works mostly in favor of the people and less in favor of the rulers. To that extent democracy is a dangerous recipe for the ones in power. They have to double down the road of recovery and delivery; there is no time to waste. The forces of democracy are at your heels, so hurry, and deliver before late. - drshakilrai@gmail.com

Who Is on Trial? Musharraf or Pakistan Army?

Who Is on Trial? Musharraf or Pakistan Army?
By Dr Shakil A. Rai
Los Angeles, California

 

There is a persistent effort in the media to portray Musharraf’s trial as an attempt to humiliate and disgrace the Pakistan Army in the eyes of the people, the world, and above all in the eyes of the military personnel themselves. They are trying to show as if the former Chief of Staff and the Pakistan Army are synonymous and the two cannot be viewed, or put on trial, separately.

A group of junior military officers from the Command and Staff College, Quetta, led by a colonel met the Chairman o f the Senate Standing Committee on Defense and “expressed their concerns over the treatment of Musharraf and the perceived humiliation of the military.” According to a media report attributed to the Senate sources, “The military officers were of the opinion that under the Constitution, the armed forces could not be criticized." They were concerned at the "ridiculing of the army as an institution". 

Those who think Musharraf can be saved from his legal troubles only by hiding behind the Army are warning of dire consequences. One of them said, “Pakistan's higher judiciary, the politicians and the media are entirely focused on their own narrow interests and settling of old scores….. If they continue their business as usual…., it's quite probable that they will see the first-ever bloody coup in Pakistan's history with very negative long-term consequences…” Dangerous words, betraying desperation! 

The Musharraf sympathizers do not realize, or may be, they do not care that by doing so they are holding the Pakistan Army responsible for all he did as civilian president of the country. Even those illegalities and political blunders he committed after relinquishing the command of the army are being placed at the door the Pakistan Army. Can Pakistan Army be held responsible when Musharraf signed his political death warrant by entering into a deal with Benazir Bhutto? And he felt confident enough to relinquish the Army command and become a proper civilian president. Not realizing that by giving up the uniform he was knocking down the very power base that had brought him there and sustained him in that position. Is army accountable for the emergency declaration of 2007, dismissal and incarceration of sixty judges of the superior judiciary? Was Pakistan Army responsible for the security or lack thereof for Benazir Bhutto, or the pursuit and death of Akbar Bugti? Musharraf’s legal troubles stem from these four cases, and Pakistan Army was not involved in any one of them in any manner.

Is anyone questioning Pervez Musharraf’s decisions in the military affairs as Chief of Army Staff? No. What is being questioned, investigated, and tried is all related to his decisions in the civilian sphere as a civilian ruler. How then the military as an institution gets involved in this saga? When a military officer has a legal dispute in a civil or criminal court, as a claimant or respondent, does his involvement amount to the involvement of the military of which he happens to be a member? No. When there is a property-related case, an inheritance dispute, a family dispute, or an injury or murder case that for example occurred in the officer’s home town, will it be treated as a military case? No. The officer is there in his individual capacity as a member of the civil society, and not as a military officer. And there he is at par with other civilian respondents. 

A case where the military high command could be held accountable, both collectively and individually, was the military takeover of October 1999. That issue is not being touched. The obvious reason is that it would bring the army high command before the court of law, and bring them into disrepute for overthrowing a lawful government in violation of the Constitution. We are pretending as if that coup d’état never happened, and hence no question is being raised. 

There is no question that General Musharraf must face legal and logical consequences of his deeds if Pakistan has to get out of the vicious cycle of military interventions. If civilian chief executives can be arrested, tried, exiled, and even executed why there should be an exemption for someone who happens to have a military background. After all Musharraf claimed to have won presidential election through a free and fair democratic process. He insisted on his civilian credentials as head head of state, even when he was also an Army Chief. There is no justification to claim that by trying Musharraf in a civilian court for his alleged wrongdoings as a civilian ruler, the esteem and reputation of the Pakistan Army is being endangered. 

There is however danger in the manner the court proceedings are conducted, and the way the former president is treated by the bench and the bar. Humiliation, real or perceived, of General Musharraf can have negative consequences. The judges have to go an extra length to prove that they are not motivated by personal vendetta, and are only trying to uphold the law by giving a fair and transparent trial to the accused. 

To begin with Justice Shaukat Aziz Siddiqui, judge of the Islamabad High Court, should not have sat on judgment in a case where he had an accused in the dock who was his erstwhile tormentor. The judge cancelled General Musharraf’s bail, ordered his arrest, and asked the prosecution to add Section 6 of the Anti Terrorism Law to the case, thereby making the offense non-bailable. Attorney Shaukat Aziz Siddiqui as a leader of the Rawalpindi Bar Association was one of the leading voices against the dismissal and incarceration of the judges in 2007, and he was imprisoned by General Musharraf for his vociferous campaign. 

Judicial ethics demand that in a case like this the judge should have recused himself and had let another judge preside over. It is only appropriate that a judge should recuse himself if he has a personal bias or prejudice concerning a party to the lawsuit. There is perceived bias not only in the case of the personal background of the judge and the accused, but also in the nature of the case. The case for which General Musharraf appeared before the court was the same dispute that had led to the imprisonment of the Attorney Shaukat Aziz, Siddiqui who is now a judge. The situation demanded to be doubly careful in the dispensation of justice: Justice must not only be done, it must be seen to be done. Perception of the truth matters as much as the truth itself. 

Second, the conduct of the ‘janissar lawyers’ is conduct unbecoming. Their rowdy behavior has won them no friends, nor enhanced their stature as upholders of juristic values. By adding insult to injury the boisterous bunch among legal fraternity may have proven their uncalled for loyalty to some on the bench but have served to sober purpose in advancing the rule of law. It is incumbent upon the bench to restrain the bar when the accused is harassed at their hands and that too within the court premises. 

The military leadership has conducted itself with a dignified detachment from the court proceedings. They have maintained their distance the former chief who is in trouble with the law for non-military matters. However, if the shadows of personal bias lengthen, and the perception of vendetta gains more ground, there can be more than a murmur in the ranks. It is imperative that the trial of General Pervez Musharraf is conducted in a manner which is fair, transparent, and proves his guilt beyond a doubt, or acquits him honorably. 

The trial of a former President of the Republic and the Chief of Army Staff is a great challenge, and an equally great opportunity. An honorable, professional, and fair conduct of this trial will win respect for Pakistan, and its judiciary, whose legal history is known for little more than inventing the law of necessity to cover every major act of illegality. 

A lot has changed since the execution of Zulfiqar Ali Bhutto, and the justification for the latest military takeover in 1999. At a time when the Pakistan Army is fighting terrorism and insurgency at home, bracing itself for a new situation that emerges in the region with the withdrawal of the NATO forces from Afghanistan, and when the country is so close to a historic general election, a military coup is unlikely. This perception and expectation should not be taken as a license to unleash our baser selves to heap insult on an accused whose word was law of the land, not so long ago. 

e-mail- drshakilrai@gmail.com

General Musharraf: An Unwitting Champion of Democarcy and Rule of Law

General Musharraf: An Unwitting Champion of Democarcy and Rule of Law

By Shakil A Rai
Los Angeles, CA 

General Pervez Musharraf has distinguished himself in many ways. He has the unique distinction of abrogating the Constitution twice, first to overthrow a lawfully elected government and next time to scuttle a political setup he had carefully crafted to suit himself.  

While others cajoled, threatened, and manipulated the judiciary to get the desired result, Musharraf took commando action against them; he dismissed all the judges of superior judiciary, and then imprisoned them. 

Like his predecessors he too usurped the highest political office with the power of the gun. His distinction is that unlike Ayub Khan and Ziaul Haq he came to believe that he was a popular leader in his own right and had a role to play in shaping the future of democratic Pakistan.

The latest distinction of the usurper-turned-politician is that he is the only one who is now on trial on charges of high treason, unlawful detention, and abetment in the murder of two leading political figures in Pakistan.

Among all the distinctions of the retired general his trial, revocation of bail, escape from the court house, and later arrest have created an electrifying drama of great excitement. The sheer sight of a former military ruler and chief of army staff being in the dock is shocking to some, and exciting to many. 

Those gloating at the prospects of the former strongman going to prison or still worse to the gallows believe this would establish supremacy of the law and forever close the door of military adventurism in domestic politics. The denouement of the Musharraf saga will put many a ghost to rest, and free up the country to pursue constructive and progressive policies of peace and progress instead of bungling from one military adventure to the other. 

There are those who caution against opening this Pandora’s Box which could lead to unforeseeable and dangerous consequences.  They argue the military will not allow humiliation of its former Chief and could take some drastic action in his favor. Gen Musharraf has hinted at it more than once and warned against conflict between pillars of state and destabilization of the country.

It is difficult to fathom the depth and intensity of the anxiety being felt in the military ranks, when they see their former chief of staff being humiliated in courts and suffering the travails of the laws delays like any ordinary Pakistani. Will they let Gen. Mushraff suffer the fate of Hosni Mubarak of Egypt? Allow the law to take its own course and decide the case on merit? So far the military leadership seems to have decided to stay in the background and not to take any action that would align them with Musharraf against the judiciary, political mainstream, and popular will. They seem to have realized that political landscape has changed so much that they cannot afford to side with their former boss in defiance of the collective will of the masses, and civil institutions.

 Judicial trial and political tribulations of General Pervez Musharraf have within them the potential to establish civilian control over the armed forces and secure a democratic future for Pakistan. 

That goal seems within reach for the first time in six decades, provided the judiciary and political leadership demonstrate the commensurate level of maturity, play by the rules not emotions, and make extra effort to show that the judicial process is not a peevish attempt at settling scores with their erstwhile tormentor. 

Rowdy behavior of the lawyers at Musharraf’s court hearings was undignified to say the least. Throwing shoes, yelling and shouting, and even trying to hit him physically reflect very poorly on the legal fraternity, that reminds one of street hooligans not of barristers-- the upholders of law. 

Political developments within Pakistan and changes witnessed in Turkey and Egypt in recent years point toward a trend of assertive civilian control and receding political role of the armed forces. 

Hosni Mubarak was abandoned by the military once they felt the heat of public fury. Before late they decided to sacrifice their supreme commander to save the institution of the armed forces and retain their public prestige. Mubarak is now in the same notorious prison where thousands were tortured, and held without trial for years during three decades of his dictatorship. Right now Egypt is going through a rather chaotic democratic process but the trend seems irreversible, and there is no going back to military rule or tolerance of dictatorship. The fear factor instilled by decades old dictatorial rule that intimidated the masses has now evaporated with the dawn of Arab Spring. It has given courage to the masses to question the rulers and not fear them.

 In Turkey, less dramatic but more fundamental changes have been wrought in civil-military relationship. Unlike Egypt, where military still holds some sway in political matters, Turkish military is now firmly under civilian control. Generals are being held accountable not only for what they did or tried to do under the present government but also for the interventions and coup d’eta they staged more than three decades ago. Hundreds of senior military officers including generals are behind bars right now. Socio-political transformation is so deep rooted that no one is looking up to the armed forces any more as saviors who can just march in do a quick fix.

 In the case of Pakistan a similar process is underway and if we do not trip this time, as we have so often in the past, the situation is ripe for a sustained democratic future where military, gradually, comes under civilian control.

Pakistan Army has not stepped forward, so far, to save their former Chief of Staff from the travails of legal challenges, nor have they shown any inclination to help him pursue his political ambitions. In an interview with BBC, just before he left Dubai for Pakistan he said that military knew what they were expected to do for him. He was obviously implying that military would come to his rescue and would not let him down. But the retired general did not realize that by returning to Pakistan at this stage he was putting Pakistan Army in an embarrassing situation. The Military cannot afford to side with a former commander in defiance of the express will of the civil society, judiciary, and political leadership. There are media reports that the military had advised him not to return to Pakistan at this stage with political ambition. His trip to Saudi Arabia also did not seem to have won him the desired support in the power circles of Pakistan.

Also there is reason to opine that the legacy of Gen Musharraf is quite controversial in the military. This can be gathered from what many army generals have said after their retirement. From Kargil to the so-called war on terror, and from the Lal Masjid to the detention of judges, all actions have made him a controversial figure within the forces.

The change in the political landscape that came with the second abrogation of the Constitution and detention of sixty judges, is there to stay. The second abrogation has become a millstone around the neck of the general and he cannot swim any longer in the turbulent political waters of Pakistan. 

Each previous abrogation of the Constitution was readily endorsed by the Supreme Court on the basis of the law of necessity. The legislature elected after the military takeover duly sanctioned the military regime. The coup d’état of October 1999 had the blessings of the Supreme Court and for eight long years the legislature supported the military strongman as a de’ jure ruler.

The mood of compliance and subservience changed drastically when the second abrogation of November 2007 took place. The judiciary was the first to resist it, legal fraternity joined in, and political leadership made it into a mass movement. President Musharraf who was all powerful and looked invincible had to resign to escape the inevitable impeachment by the newly elected parliament, and then went into self-imposed exile stay out of trouble. 

 As often before the general miscalculated the mood of the people, the determination of the judiciary to pursue legal cases against him, and underestimated the strength of his political opponents, and grossly over-estimated his own political charm. Once an all powerful ruler could not appreciate how irrelevant he had become in the changing times, and how serious were the legal challenges he was faced with.

 In this miscalculation of the general lies a chance for Pakistan to charter a new democratic course for its future marked by balanced civil-military relationship and supremacy of law. If this comes true General Musharraf would deserve our thanks for ushering Pakistan into sustained democracy, putting an end to military adventurism, and leading the nation into the new age of peace and prosperity. The nimble hand of history works in a strangest of the ways and this Musharraf-way may be one such way. But, we have to be on the right side of history and show dignity and maturity of a nation that wants to come to grips with its disturbed past and lay down the ghosts that have been haunting it for too long. - drshakilrai@gmail.com

http://pakistanin21stcentury.blogspot.com/