Daily Times

George Bernard Shaw once stated “My way of joking is to tell the truth. It’s the funniest joke in the world”. This paper is one such joke, to say the least. This is not the first time in Pakistan’s history that naming and shaming has been utilized in the name of cleansing the system, only this time the ‘the magic stick’ is in the hands of the Chief Justice of Pakistan (CJP); who gives a slight glimpse of the character ‘Gandalf’ in The Lord of the Rings.

“Do you think I intend to take over?” the CJP asked Mazhar Abbas, a well-known journalist, recently at a hearing pertaining to the cleanliness of Karachi. To which he replied respectfully that the work the CJP was doing is actually for the government to do. Perhaps a more honest answer would have been, ‘‘You already have, Your Honour”.

While we grow up as children, we aspire to adopt various professions, becoming a pilot, an engineer, a doctor, perhaps less often a lawyer. However, rarely does a child say that one day he or she would want to be the Prime Minister (PM). The obvious reason for that is that not everyone can become the PM, even with the most rigorous and persistent of efforts, even if one obviously deserves this post. The struggle of a charismatic personality like Imran Khan is testament to this contention; that despite his immense struggle, valour and charm, he still has no idea as to how to crack the code. The code to Prime Ministry or supreme leadership cannot be deciphered by human effort, it is actually luck coupled with intelligible effort which may finally grant one the chance to be the ‘all in all’.

But this story does not end here; the desire to become the premier remains. The impulse to sit at the throne never leaves, and instead becomes deeply rooted, though obviously unspoken. Since we humans unconsciously put efforts into doing something only if it is probable that we might achieve what we desire, such people end up seeking some measure of psychological security.

For instance, one wants to be a doctor, it is more probable than not that one will most certainly become a doctor if one works hard at his studies and has some financial support. Compare that to another person who wants to become a PM, he can have no assurance that despite the maximum effort he will eventually get ‘there’. So much so that even considering a 10 percent possibility of success would be fooling oneself, as far as psychological investment is concerned. So what does one do? The only option we are left with other than to start from scratch is to ‘take over’, provided of course, that they are in a stronger position to do so.

The one who eventually takes over has to have public support; otherwise, one cannot possibly reign for long. In order to justify one’s ascendency, a ‘higher moral ground’ is relied upon

The one who eventually takes over has to have the support of the public, otherwise one cannot possibly reign for long. In order to justify one’s ascendency, a ‘higher moral ground’ is relied upon. For instance, the CJP recently responded to soft criticism regarding judicial intervention towards him that he is ‘compelled’ to take over.

Likewise, General Ziaul Haq used the term ‘Shuracracy’ in an address to the Majlis-e-Shura decades ago, giving ‘the people’ an impression that his reign has the best combination — democracy and Shariat — to which all those present smashed their desks with unconditional approvals. Not to forget the term employed by General Pervez Musharraf, ‘Pakistan first’. The current DG ISPR in a press conference remarked, “There is no threat to democracy from the Pakistan Army, but there could be a threat to democracy if its requirements are not being met”. This statement is self-explanatory as to the fantasy higher moral ground underneath it.

Once this higher moral ground takes root in the mind of the entity imposing its will, such an entity starts doing everything except for what it is ‘supposed to do’. For instance, the CJP is supposed to read all the cases before they are due the next day, listen to arguments of both parties’ legal representation in all the cases, and decide on matters effectively. In lieu of that, the CJP ‘feels compelled’ to cleanse the system of corruption, completely ignoring the agony of the litigants as well as the lawyers who wait tirelessly to have their day in court; who have had a tiresome journey from the trial court to the Supreme Court. Much time is also being given to watching TV, summoning journalists and then inquiring about their program’s content.

Likewise, it is the duty of intelligence agencies to avert security threats and look to any weaknesses which could eventually lead to terrorist attacks. Instead, our intelligence agencies wait for the terrorists to become an almost invincible force and then act! Simultaneously, owing to the same so called ‘higher moral ground’, a never ending scramble carries on in the political arena where every now and then, debutants are introduced.

Making that ‘higher moral ground’ the centre from which to manoeuvre things, some are chosen as the leading characters, some recurring, while others are replaced. Some politicians often play the victim card in this scramble; however, they do not appear to deserve any exoneration either, as they are almost always readily available to render their services, hence benefiting themselves as well as these entities.

The question remains as to why is it more convenient for the establishment or Judiciary to intervene rather than coming to power through the proper procedure — elections. The obvious answer to that is that they have no stomach for politics. They don’t want to face the constant agitation, or the accountability. Why take such a risk when they can act from the ‘higher moral ground’?

This fact is obvious from the current scenario, one can see the heat the disqualified Prime Minister is facing as compared to Musharraf, who acted from the moral authority. The CJP, with all the mighty power that comes from his position has the authority to question, but cannot be questioned. If one does question, it goes into the domain of Contempt. The Army Chief questions, but remains unquestioned. If one does question, they are considered treacherous.

Interestingly enough, the current COAS has even defined limits to the form of questioning sometimes referred to as ‘The Bajwa Doctrine’, brilliantly explained by none other than, rather the one and only ‘Dr Shahid Masood’ in one of his programmes, before he was barred from TV of course.

The awareness people have about right and wrong is filtered through the media and is then entrenched in their minds through continued reiteration. The constant imposition of this higher moral ground has deprived the people of real virtues and real values. People have become lazy, they have come to the conclusion that it is the government’s responsibility to do everything for them and everything means ‘everything’ to them.

No wonder, except for the very few innovative people like Dr Abdus Salam and Abdus Sattar Edhi, we have had a lack of legendary and ultra-modernistic people. When the government is unable to meet their expectation, people look to ‘them’, the army, the Judiciary and others; their inclusion in this process eventually disrupts the growth the nation desperately needs. Their seclusion from their own work multiplies the disruption in growth which we desperately need as a nation. Having said that, nature has its own way of balancing things out, it takes its own course. And eventually it shall all be neutralised, as has invariably in many other states of the world; more recently in Turkey.

The writer is a graduate of Cardiff University, UK and is a member of The Honourable Society of Lincoln’s Inn. He is currently practicing law at Peshawar and Islamabad High Court and the District Courts. He can be reached at awais_babar@live.co.uk

Published in Daily Times, April 24^th 2018.