Analysis of the Supreme Court Decision on Asghar Khan Case
Pakistan is a country rich in the economic factors of production. However, it has failed to develop as dreamed by our founding father and the people of Pakistan. Myopic vision of her leadership, imposed foreign policy and ubiquitous corruption is seen as the key factor in the underdevelopment of Pakistan. Due to the incompetent Political Leadership in Pakistan, policy making is the domain of Civil and Military Bureaucracy. Chief Justice (CJ)Iftikhar Chaudhry was removed by President General Pervaiz Musharraf on corruption ; he was reinstated in 2007 due to popular public protests supported and funded by Pakistan Muslim League(Nawaz), Pakistan People’s Party(PPP) and popular media moguls . In his second term he is no less than a political leader with public support.
The CJ has convicted the ex generals in the Asghar Khan case. It took the Supreme Court 16 years to decide a simple case. Nowadays, the son of the Chief Justice is under trial for receiving Rs 340 million illegal graft from a business tycoon and general elections are being scheduled in Mar 2013. Under these circumstances, the timings of this decision has become dubious. More generals are under trial.
On November 5, 2012, the chief of Army staff General Ashfaq Pervaiz Kayani gave a very strong statement probably against the CJ Iftikhar Chaudhry and the politicians for prosecuting Generals; it was equally responded by the CJ claiming Supreme Court as the ultimate protector of the Constitution and undermining the role of military in determining national stability. The public opinion is divided and confused; as General Kayani is a quite personality and is respected for his services for democracy. All hypothesis of military reactions can be disastrous for the country.
In the absence of the rule of law corrupt practices and embezzlement are the genetic characteristics of Third World leaders. In the international debt system, the Third World leaders and civil servants managing the debt play a strategic mediation role between the domestic and foreign economies, between civil society and foreign lenders. If CJ wants to break the status quo than this decision is just the tip of the iceberg; the magnitude of political corruption is mammoth. Jamaat Islami, factions of MQM and Muslim League Quaid-e- Azam were also created by ISI to lessen the power of PPP, which the military alleged to be anti state and pro India. However, if it is linked to some kind of personal gains for the CJ, then this clash of institutions could prove a disaster for the country when our nation is fighting a War against Terror. Trial of the Generals has taken place in Turkey and Egypt by governments elected by popular vote. In Turkey people have tripled their purchasing power in the last decade due to the successful policies of Mr Tayyab Erdogan; Mr Morsi of Egypt came to power through popular vote and defeated the powerful rule of military and Mr Hosni Mubarak . PPP has ruled the country for the last five years, people are not satisfied with the performance of the ruling party. These five years saw the lowest economic growth rate in the history of Pakistan; the unemployment rate is more than the officially declared 12 percent. Any reaction by the Army can jeopardize the democratic process.
Surprisingly, the CJ has ordered action against the Retired Generals but the politicians who received money including his mentor Mr Nawaz Sharif are not mentioned in the detailed decision. The humorous part of the decision is that the SC has stated that military officers should not follow the unlawful orders of their seniors. For the kind information of CJ the officers with a conscience do not usually go very high in public or private service all over the world; the same principle is true for judiciary in Pakistan. Business Schools use Emotional Intelligence an important quality for the salaried class. Pakistan Army has a very high number of officers with low emotional intelligence, these officers are not promoted for their honesty and they do not have the right to appeal against the decision.
Unfortunately, the media is not impartial in this case. They cannot report anything against the CJ and judiciary as Mr Faisal Abidi who spoke against the judicial corruption has been banned on media. At the same time the media is maligning the military forces by linking the individual corruption of individuals(Generals) with the whole institution fighting a war for the people of Pakistan.
The people of Pakistan are fighting an unending War on Terror since 9/11. Our economy has lost more than $80 billion in war, 30 to 40 thousand people(civilians and military) have lost their lives in the last decade, economy is at its lowest ebb due to the political mismanagement, unemployment is at the highest levels, PM Yousaf Raza Gillani has been removed by CJ on abetting a criminal, the new PM Raja Parvaiz Ashraf is also under trial on alleged corruption in rental power scam, the chief minister of Balochistan has been given a notice by CJ on mismanagement/incompetence, the letter has been sent by GOP to the Swiss Government in order to prosecute the corruption of President Asif Ali Zardari in 1995-96, the state institutions have been weakened by corruption, the son of CJ is under trial on corruption and yellow journalism is rampant. It is difficult to decide who is more patriotic? Under these circumstances the state institutions should sit together to find a solution to the challenges instead of creating more instability in the country.