How much time is left for SC to judge the NRO?
http://www.thenews.com.pk/top_story_detail.asp?Id=23178
Thursday, July 09, 2009
News Analysis
By Shaheen Sehbai
WASHINGTON: The latest actions of the restored and vindicated Supreme Court of Pakistan have almost mutilated, though temporarily, the economic roadmap of the PPP government by suspending the carbon tax and freezing the electricity rates, but these glimpses of judicial independence may soon turn into horrifying ordeals for the rulers if, as indicated earlier, the apex court picks up for hearing pending high-profile political cases.
If the public statements of the Chief Justice of Pakistan are any yardstick, there is not much time left between now and the dates when hot button issues like the validity of the National Reconciliation Ordinance (NRO), trial of retired General Pervez Musharraf, validity of the Nov 3, 2007 emergency of Pervez Musharraf and other such political sensitive matters are heard. Once these cases start playing out in the SC, the political environment in the country will dramatically transform.
The suspension of the carbon tax appears to be a temporary measure, as also stated in the short order of the court. But even if it was made permanent, the government has the option to rename the carbon tax and go back to the old levy, increase it as required under commitments made to the IMF and get its budgetary targets. There may only be a legal or procedural hassle because the carbon tax had been approved by the National Assembly under the Finance Bill and undoing it may require another bill or a presidential ordinance to be approved later by the NA.
Yet the apex courts decision has been widely welcomed by leaders, people and businesses. No one believes it will actually bring down petrol prices, but the very act of forcing the government to hear the woes of the people is being hailed.
Although the superior courts are proceeding strictly on the basis of law and constitution, the generally accepted analysis is that such popular decisions by the courts have to be made by the restored judges of the superior courts because they are under pressure to deliver to the people who for two years carried out the remarkable campaign, ending in the Long March, which ultimately led to the undoing of a military dictator, restoration of the political process and even defeat of a president who had publicly committed that these political judges will never be restored.
While there may be a public praise for the courts, some may find it as judicial activism and see it a threat to the entire democratic process. To avoid this possibility, the courts, there is an argument, have to be very careful as the political system and our institutions are not yet so strong to withstand such shocks. But the issue is if the executive does not feel for the miseries of people and the courts also stay aloof to their woes, who would come to their rescue.
The courts have to get into correcting the much-distorted system, they should be quick and swift and should also ensure that continuity is assured.
The toughest scenario may come when the Supreme Court takes up the dreaded NRO which provided blanket immunity to all the accused, be they politicians, bureaucrats, diplomats or ordinary workers of political parties and even mafia gangs. If, as the chief justice recently stated, the NRO is not a dead subject and has yet to be judged by the SC, this one issue has the potential to put Pakistans stinking political setup on some respectable path.
After all it is simply too much to digest for any self-respecting system that all those who were until recently clubbed as looters and plunderers, whose bank accounts had been busted, whose lockers had yielded millions of rupees and assets which they could never justify, who were booked for murder with adequate proof, most of whom could never return to the country, were in one go washed clean and even allowed to rise to the positions they may never have dreamt of.
Of course, if there had been a proper process to bring all those accused of wrong doing into the national fold through a genuine truth and reconciliation commission, as was done in South Africa, there may have been a greater reason to forgive and forget and move on. Pakistan never had anyone confessing to even a small misdemeanour, yet all is forcibly forgiven because no one can do anything about it.
Now the judges who have themselves gone through a period of turmoil and have only been restored because of the strength and support of the ordinary people, feel they have to pay back and if they can turn the wheel back on looters and plunderers, they may consider it a meaningful way to redeem themselves.
For doing a public service like over-turning the NRO and then bringing to book all those who benefited from it, the courts do not have much time as with every pro-bono court judgment, while the people will applaud, the charge that the courts want to micro-manage the country will also be levelled by the vested interest. This should not happen.
There is an argument that if the judges want to redeem themselves, they should confine themselves to cases which matter and let the affairs of the state be run by politicians who will ultimately be judged on their record by the people in the general elections. This may be correct in mature democratic societies but not in a country like ours where the rulers use their offices to multiply their fortunes and violate law and rules as a matter of their right. Major distortions have to be removed to allow that process to go on.
