| 2007
Pakistan Election: Fear and Fearlessness in Pakistan:
General
Musharraf has overcome legal challenges to his
candidacy to become Pakistan's president for a second
time. But with every victory the opposition grows stronger,
reports Graham Usher from Islamabad
For
a moment last Friday the austere chambers of Pakistan's
Supreme Court became a scrum. "No!" shouted one woman.
"Shame! Shame!" cried a crush of furious, black-coated
lawyers. Peons in white tunics moved to link arms before
nine nervous judges in billowing gowns, fearful of their
lordships' safety. They had cause to be.
By
six to three, the judges had ruled that Pakistan's military
ruler, General Pervez Musharraf, could
run for another five-year presidential term on 6 October
while remaining army chief. To the outraged lawyers this
was an affront to both law and democracy.
"This
is not a verdict! It's a dictate by a junta," cried advocate
Ahmad Ali Kurd, a diminutive man with floppy silver hair.
He vowed that the next day lawyers would march on Pakistan's
Election Commission (EC) and tear up Musharraf's nomination
papers "with our bare hands".
On
Saturday perhaps 300 lawyers tried to do so. But -- between
the Supreme Court and EC -- 3,000 police, paramilitary
and plainclothes goon squads prevented them, not only
by blocking the road but also with clubs, stones and tear
gas, fired from the gun turrets of armored-personnel-carriers
(APC).
Sixty
people were injured, including 20 journalists. One image
lodged in the mind: an APC pitching round after round
of gas shells at the Supreme Court's white façade
while lawyers scurried like black rabbits below. On Sunday
several hundred journalists again took to the streets
in defense of their right to report. This time the police
left them alone.
"What
is happening?" asked human rights worker, Tahira
Abdullah, as she watched women lawyers being
beaten by men in white coats. "This shows a government
in panic, paranoia and with a sheer brutal desire to crush
the slightest voice of dissent".
It
also showed vengeance. For ten days Pakistan's government,
lawyers and media had been gripped by hearings at the
Supreme Court. Six petitioners -- including opposition
leaders and Bar associations -- argued that it was both
unconstitutional and immoral for an army chief to be elected
president. The fact that Musharraf had
pledged to take off his military uniform if elected president
was irrelevant, said petitioner A.K. Dogar. "The duty
of the judiciary is to separate the Pakistani army from
Pakistani politics".
For
much of Pakistan's history, the judiciary had joined them
together, granting legal cover to coups, interventions
and other military interference. But the hope had been
that such "doctrines of necessity" were now buried.
In
March Musharraf tried and failed to sack
Pakistan's Chief Justice, Iftikhar Chaudhry, galvanizing
mass protests led by lawyers. In July the Supreme Court
reinstated Chaudhry and issued a slew of anti- government
rulings, including the right of return to exiled
Prime Minister Nawaz Sharif (in contempt of court
the government expelled Sharif again on 10 September).
Still, the sense was "we have a reborn judiciary", said
retired government bureaucrat Roedad Khan.
But
not yet an independent one, answered lawyer and Chairperson
of Pakistan's Human Rights Commission, Asma Jahangir.
The Supreme Court ruling in favor of Musharraf
showed "we have a semi-independent judiciary," she says.
"It is not yet ready to face up to its obligations under
the constitution or come up to the expectations of the
people. It is not yet ready to issue fearless judgments".
She
says lawyers will appeal the Supreme Court's verdict and
submit new petitions against Musharraf's
candidacy. He will face resistance on other fronts too.
On Tuesday an alliance of opposition parties resigned
from Pakistan's federal and provincial assemblies, the
electorate for the presidential poll. Their aim is to
render the suffrage, if not unconstitutional, then at
least illegitimate. There are also two anti-Musharraf
candidates contesting the presidency.
But
this may be so much sound and fury. Unlike the campaign
to have the Chief Justice restored, lawyers and judges
are divided over whether Musharraf's
candidacy is a legal or a partisan cause. And one of the
presidential challengers -- Amin Fahim from Benazir Bhutto's
Pakistan People's Party -- hasIndus News, Indus TV, Geo
News, Business Plus, KTN, Roshni TV and Rung TV. been
in quiet negotiations with Musharraf on a power-sharing
deal once the presidential elections are settled.
Above
all, the vast mass of Pakistan's 160 million people are
curiously absent from what some have called their "orange
revolution": they appear less concerned with the constitutional
niceties of Musharraf's candidacy than
with Ramadan price hikes and the increasing punch of the
Taliban on Pakistan's frontier provinces with Afghanistan.
Does
this mean Musharraf is set for another
term? Popular apathy clearly helps him, as does
the stalwart support of Washington and London, both of
which prefer a civilianized military ruler in Pakistan
to a genuinely democratic one.
But
his stubborn ambition to be elected president while head
of the army has polarized the judiciary and radicalized
large parts of Pakistan political society. It has also
done nothing to resolve the crises of legitimacy facing
the Pakistani state, whether in the form of petitions
at the Supreme Court, violent clashes on the streets of
Islamabad or an armed insurgency on the frontier with
Afghanistan. On the contrary, it has deepened all three
of them, says Asma Jahangir.
"The
government has shown its true colors. It targeted the
lawyers and thrashed journalists. So far from moving to
democracy it is readying to take us out one by one. But
I believe ours is a principled struggle, that the people
are fed up and that we will win at some point. At the
very least, we are not going to let the government sit
in Islamabad and pretend to the world that it is in any
way the legitimate ruler of this country".
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Elections,
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