Pushback…Asad Rahim Khan
IN his farewell to the Lahore High Court bar in 1960, Justice Munir found himself acting as his own defence lawyer. In the dock was his legacy, and what an unwinnable case it was.
There were three charges, each of them his own judgements. The first was Tamizuddin, when my Lord helped sack the Constituent Assembly, Jinnahs greatest hope.
The second was his Reference opinion, which sprinkled the governor-generals actions with holy water, crying necessity. There was none, except that Ghulam Muhammad was a born intriguer, given to sickness and rage.
Finally, my Lord went for broke and gave us Dosso, seeing fit to bin the Constitution of 56, and embrace martial law.
As anyone can tell, these arent the actions of a man sworn to protect and defend the Constitution. They are palace coups, fuelled by any theory in reach: necessity in 1954; successful revolution in 1958.
That my Lord was making it up as he went along was clear from his last speech. Turning to his do-or-die moment Tamizuddin well, what else could he have done? Had he decided otherwise, I am quite sure that there would have been chaos in the country and a revolution would have been formally enacted, possibly by bloodshed.
But such a decision only sped up the revolution when it came, led by Ayub which my Lord blessed at once. Brute strength is its own excuse.
Hence, also, historys verdict: given the promise that greeted Pakistans birth, Munir wrecked it more than any other man in that first decade.
Fast-forward 63 years later, and history finds itself at the Lahore High Court again. The case last week wasnt complicated: with the Punjab Assembly now dissolved, the Constitution says elections shall be held within a period of 90 days after the dissolution. It also says the governor appoints a date for the polls. Such is the plain text; no rocket science is required.
And yet the ECP, whose sole reason for existing is to hold elections, shrugs. Punjabs governor sighs over the economic and security situation; Khyber Pakhtunkhwas points to law and order.
These reasons are ridiculous: the 08 and 13 polls were held amid far worse security. Hiding behind the economy is as weak: our year-long freefall should be answer enough to KOing governments and delaying elections the cure to poison isnt more poison.
Plus, our governors had no such hang-ups swearing in caretaker cabinets; its hard to argue half an article applies to you, just not the other half.
With fears of a constitutional violation running high, it took Justice Jawad Hassans excellent judgement to lay them to rest in Punjab. Citing the Supreme Court, it directed the ECP to immediately announce the date of election within 90 days, after consultation with the governor.
Thats also the correct stance; the states amnesiacs can read this paper from five years ago: President Mamnoon Hussain on Saturday approved a summary sent by the Election Commission of Pakistan recommending that the general elections be held on July 25, 2018
But no ones reading anything: the 90-day deadline is still unstuck. Sensing trouble, a Supreme Court bench has referred the matter to the chief justice, noting a real and eminent danger of violating an unambiguous constitutional command.
Unambiguous is right: if anything is borne out by the past year, its that the Constitution isnt a weapon of convenience. It is a sacred text.
Consider: when the VoNC was playing out in March, to joyous weeping from the left, this writer said that while such a vote was legal, legalese had aided undemocratic intrigues in the past; it was best that governments serve out full terms. (We know now only disaster ensued.)
Conversely, it was the PTI ministry that violated the Constitution in April, after Speaker Suri walled off the vote. When Chief Justice Bandial delivered a tremendous judgement restoring the Assembly, all the hot air came from the right.
Then, in July, the same critics became converts, when the same judges voided Speaker Mazaris equally lawless ruling in the Punjab Assembly. Naturally, Aprils Constitution fans now forgot the Constitution.
And on it goes. Yet our commentariat owes more to the current moment than silence: postponing the democratic process can only ever end in grief.
As for the latest slew of alleged leaks of judges, the Constitution is again the answer. The right to privacy and dignity is unrestricted; the Supreme Court held as much in Benazir, and its own wiretapping illegal. More recently, a petition filed by Salman Sufi in the Lahore High Court seeks to re-centre this vital compact.
All said, elections must be held, and within 90 days. In his verdict, Justice Jawad quoted Warren Burger, that delay will drain even a just judgement of its value.
We yet hope.
Courtesy Dawn