Who is in, who is out….. Abbas Nasir
IN a country where the Constitution and the rule of law have often amounted to nought, it’s the individuals, and tragically not institutions, who rule the roost and shape the destiny of the country and its citizens. Ergo, let’s look at some individuals who have remained in the headlines or have been behind what’s been in the headlines and where they might be headed come this September.
President Arif Alvi has completed his five-year tenure dedicated mostly to the cause of upholding his party the PTI’s interests, even though lately he seems to have been somewhat subdued in how far he can accommodate PTI’s position. Subdued because of reasons not in the public domain but still not hidden from anyone curious enough, especially given Aiwan-i-Sadr’s persuasive visitors. A couple of them made another ‘courtesy call’ on him just a few days ago amidst PTI’s calls that he unilaterally announce an election date.
The poor man must be torn between the demands of his party, including those of the more vocal militant wing and his leader in Attock Jail, calling on him to say it as it is, and self-preservation which require him to be prudent, subdued and submissive.
If he wishes, he can continue in office till the formation of the president’s electoral college after the next general election and the voting in of a successor, or he could say he’s had enough and return to a more familiar world of root canals and cavities and restoring his compatriots’ gleaming smiles. But this means he will also have to cap his presidential pen.
The president must be torn between the demands of his party and self-preservation.
Yes, the same pen with which he so generously signed dozens of ordinances when his party was in power and which he put to such good use in writing to parliament and telling the directly elected legislature why it couldn’t legislate how it deemed fit, of course, after his party was ousted from government in a vote of no-confidence.
To be fair, he can also keep his pen capped when he wants to like he did, in a rare display of pragmatism, when he chose to keep his lips sealed over the bill carrying amendments to the Army Act, inter alia paving the way for the trial of many PTI leaders and activists in military courts. The matter remains unresolved with the hybrid government saying the bill is now an act, a law in force, because it sat with the president for the required period of time and he did not return it, citing written reasons for his refusal.
On the other hand, the hybrid government’s detractors, renowned constitutional experts among them, maintain the amendments will now have to await approval by the new parliament and can’t be enforced till such time. The president showed he can duck too when the bouncer threatens to strike him.
If he were at all to leave, he will be succeeded in office by the Senate chairman, Sadiq Sanjrani, till a new president is elected. If that were to happen, for the first time two key offices, head of state and head of government, will be placed in the ‘iron hands’ of the Balochistan Awami Party, which is lovingly called Mai Baap ki Party (the potent patron’s party) by some irreverent analysts. Whatever the case, the ground reality will remain unchanged.
The other influential person who completes his tenure in office next week is Chief Justice Umar Bandial whose term appeared controversial less because of his decisions or accusations of bias but more because he put his faith in a handful of his honourable colleagues on the bench.
No matter how controversial, narcissistic and even nasty one of the past chief justices, Iftikhar Chaudhry, often chose to be, his one strength was that all the apex court judges stood behind him for good or bad. That consensus-building allowed Mr Chaudhry to get away with many judicial, behavioural excesses.
Somehow, the apparently soft-spoken and sophisticated CJ Bandial, who says it’s his habit to say ‘Good to see you’ to appellants and lawyers alike, and not just to one politician, was unable to extend the same courtesy to some very accomplished fellow judges.
There is concern that his apparent reliance on some of the justices and never a full court even in grave constitutional/political issues, may have enabled him to push through Supreme Court judgements more aligned to his own legal opinion and wisdom, something that was seen to erode his moral authority. Many of the ignored judges are known for their constitutional/legal nous, just as they are for their impeccable integrity.
As Justice Qazi Faez Isa gathers his robes to step into the highest judicial office of the land, one earnestly hopes he takes on the onerous task of judicial reform so that not just a backlog of a huge number of cases is cleared but also the honourable court is seen as being above board by one and all across the country. He has a short stint of one year and one month.
The shortest discussion will be about the third individual in our list. Lt-Gen Nadeem Anjum, ISI DG, is due to complete his four-year term as a three-star, amid conflicting reports of whether he is being given an extension reportedly due to his economic expertise or whether he will retire on schedule.
The clean-shaven and articulate head of the mother of all agencies, came out from behind the usual spymaster’s veil to address a press conference in the company of the former DG ISPR to rebut PTI’s allegations against his institution after the party’s ouster from office. Suffice it to say one veteran Islamabad journalist found his demeanour appealing.
Can’t say more for obvious reasons even as it is difficult to tell if there will be many, including my journalist friend, who’ll find his agency’s actions appealing. But then who said you could win them all. The only certainty is the ever-increasing footprint of you know who.
The writer is a former editor of Dawn.
abbas.nasir@hotmail.com
Courtesy Dawn, September 10th, 2023