Daily Times

Countries only move forward with strong institutional architecture which provide justice and fair play to common man as per the social contract which state and its masses have. Since Pakistan got independence, there have been weak, dysfunctional and struggling institutions. If we didn’t have an institutional crisis in Pakistan, Nawaz Sharif might have gone home in a different way. The court has given a troubling narrow legal reason for Sharif’s disqualification, which can result in the former PM getting space to come back with force in political arena. But since the NAB references are being filed and a Supreme Court judge will oversee the whole process, it seems the Sharif family will have to fight more serious legal battles before they can prove their innocence.

All democratic institutions failed miserably, and that is why Supreme Court had to intervene in Panama Leaks case. First institutional failure is that of parliamentary party of Pakistan Muslim League Nawaz (PML-N), which failed to realise the severity and seriousness of the issue. Because of a lack of intra-party democracy and personality cult, no one within the ruling party could dare question Nawaz Sharif. So the essential element of accountability at home was largely missing, which generated criticism from everyone including media. One of the reasons why democracy is not liked by certain quarters is because of elected representatives who are always trying hard to please their party leadership without caring about the national interest. That is why most of the members of parliament do not speak on national issues in parliament. At the same time, voters do not force and pressurise their leaders to speak for them. Parliament’s job is not development work but legislation so that majority of people can enjoy their due rights. But the voters need to be educated and taught that demanding the necessary legislation in the country is more important than demanding development projects.

The Parliament must come up with ways to empower the NAB and ensure its independence, so the general belief that the bureau works hand in glove with the government changes

Secondly, this is a failure of parliament and political parties as a whole because parliament could not hold its own leader of house accountable and did not devise a mechanism for that either. Moreover, the failure of political parties to agree on terms of references (TORs) about panama case showed how immature the leaders are. Another issue during the Panama Leaks case was disrespect to democratic norms and institutions, and it cannot be ignored either. Parliament must know that democracy cannot move ahead unless magnanimity is shown and democratic behavior is deeply ingrained in attitudes as well. Un-elected institutions make mockery of democracy and find a way to undermine democratic decision and voices when they find compromised democratic behavior.

The ‘institutional failure’ is also that of institutions of accountability like National Accountability Bureau (NAB) and Public Accounts Committee. The Panama Leaks issue was all over the news ever since it came to the fore but not once did the public accounts committee feel the need to discuss it. This means that the political leadership is to be blamed for being silent and practicing criminal negligence. NAB was rebuked by the SC many times, but the chairman never accepted before the apex court that his institution is working on corruption charges leveled against the then PM and his family. But he made this confession in front of the JIT.

Meanwhile, the process of accountability has now begun in the army too. Recently, Chief of Army Staff General Bajwa has fired a few officers for alleged corruption. The army which is actively engaged in a war against terrorism, when finds out that the country’s political leadership is facing corruption charges and the PM has been sent home for the same, it jolts their confidence. The parliament must come up with ways to empower the NAB and ensure its independence, so the general belief that the bureau works hand in glove with the government changes.

Nothing wrong with criticising the apex court’s decision, but before that one must realise that it’s the institutional failure that has brought us where we are today. Democratic set up cannot move unless it is backed by strong institutions. At the same time, political leadership must know that simply by holding elections and getting votes, they cannot claim that the democratic set up is successful. They will have to ensure their behaviours are democratic.

The writer is is Strategic and Political analyst. He teaches international politics in NUML Islamabad

Published in Daily Times, August 7^th 2017.