Khalid Khan
Over the last couple of years, institutional wrangling in our country has breached all lines of decency. One may call it dance of vultures sans morality. Every institution is trying to do others’ job without paying attention to own primary assignment. Unfortunately, each instruction is doing it with impunity. nd all lead actors think they have nothing to lose, each one expects to gain out of ugliness of the mosaic. Hence, there is undeclared competition to be the best (read worst) spoiler. Criss-crossing loyalties, betrayals and Machiavellian approach is the prevalent normal. As a result multiple power centres have evolved leading to disconnect between authority and responsibility. This has caused lowering of national stature comprehensively.
Law Minister Farogh Naseem resigned on November 26 to, reportedly, represent Army Chief, the next day, before the Supreme Court, in a case regarding an extension in his tenure.A version has it that actually he was sacked by the Prime Minster for creating an embarrassing situation for him by poorly processing the extension case. Reportedly, Prime Minister reprimanded the law minister for not giving him proper advice on the matter, leading to the unnecessary controversy.
Few days back Farogh Naseem’s remarks that he could see no other leader on World horizon of the stature of Nelson Mandela other than Altaf Hussain had raised many eye brows. Moreover, ever since his appointment as law minister, Farogh had been following someone else’s agenda.He created controversy through his suggestion of putting Karachi under federal control, then he went cold footed and missedand opposed many viable opportunities for highlighting Kashmir issue internationally.
Earlier defending a former President-General in treason case and now defending incumbent Army Chief, he carries an impression that he is establishment’s boy. But actually he is systematically stabbing the establishment in the back by achieving exactly the opposite results of what establishment actually yearned for. Present status of Musharraf’s treason case and what has become of Army Chiefs speak for themselves. And probably, he still continues to be member of Altaf Hussain’s legal team in Lindon. Indeed he is riding many horse simultaneously.
Meanwhile, media has questioned whether Naseem could, at all, represent Army Chief in the apex court as his licence had reportedly been suspended by the Pakistan Bar Council (PBC) a few months back. After joining the cabinet as law minister, Naseem was required to get his licence suspended voluntarily under Rule 108-O of the Pakistan Legal Practitioners & Bar Councils Rules, 1976. However, he failed to do that voluntarily, leading the PBC to suspend his licence. Naseem will have to approach the PBC for renewal of his licence; and by the time he gets his license, the game of throne may already be over.
The way Army Chief’s extension case was handled by law ministry does not have any parallel in recent history of Pakistan. The approach was non-professional and erratic. May be he deliberately wanted to make the issue controversial so that any honourable person would walk away by refusing extension.
Besides, rumours had been circulating that retirement age of all government employees is being extended. Some drew the conclusion that if it had materialised the CJP would also get three additional years. And this has led to a perception, I repeat just a perception, that CJP is now acting as a spoiler because he is being retired after a mini-tenure of just eleven months. This has nothing to do with reality as I firmly think that incumbent CJP is a man of impeccable integrity.
In my perception the way some of the predecessors of incumbent CJP had only served for few weeks has not served and useful purpose. It would have been in the fitness of the things to give an age-cum decent tenure to each CJP, say three years or 65 years of age whichever clocked later.
Unfortunately, expediency triggered decisions by our political leadership has created many voids which have a potential of triggering and perpetuating crises. It is an undeniable fact is that most of our legal documents are composed in a nonprofessional manner thatmake the legal aspect of anything liable to a number of conflictual interpretations. No wonders that despite being most legalised country in the World our indictment to conviction ration is lowest in the World.
The issue could have been easily solved behind doors through prudent consultations via give and take strategy. However now the dirty linen is being washed in public, everybody will get adequately soiled to lose public face and there may evolve an ugly compromise leading to a new setup.Jumping to the fray media, especially some of non-serious anchors abide by no ethical parameters. Hence, as a nation, we have made ourselves a laughing stock.
As regard extension of Army Chief, it is supported by a well-entrenched practice, some got is once they rose to presidency, others on account of precarious situation across the border. However, legally and morally it is difficult to justify it, as it reflect poorly upon inability of the institution to have in place an effective succession plan.
At the same time, like earlier spells ofmisplaced judicial activism, current one is also not likely to add to national prestige, more so because of sua spontecoloration the issue has attained. The Extension, rightly or wrongly was granted in August, the matter should not have been left to a time when count down about end of Army chief’s original tenure is on its fag end. It is ironic that despite being strong opponent of Suo moto, the CJP has sleep walked into its quicksand.
