In an application to the Supreme Court of Pakistan (SCP), Prime Minister Nawaz Sharif’s son Hussain Nawaz has requested that a judicial commission be constituted to probe how a photo taken during his appearance before the Joint Investigation Team (JIT) was leaked to the media.
Firstly, it was long hours of wait that had annoyed the Sharif family. Then, it was repeated calls from the JIT for extended interrogation that became a hard pill to swallow. Later, it was apparent mistreatment by some JIT members. Alongside, what we have seen, perhaps in retaliation for all of this, is an abusive and grisly war of words waged against the JIT. As if the combined effort of Danial Aziz, Talal Chaudhry and Haneef Abbasi was not enough, Nehal Hashmi also jumped in, further complicating an already convoluted Panama Leaks case.
There are rumours about schemes being hatched to get rid of politicians bred during the 1980s, especially those who entered politics through non-party elections held in 1985 during General Zia’s regime
With people moving like a pendulum between the PTI and PML-N leaders’ harangue, the political climate of the country has been left stinking with foul intentions.
Though, isn’t it also unfortunate that every government, barring those headed by military men, spends most of its time facing cases in courts or other judicial forums to prove its innocence against corruption?
We are quick to blame the Army for its interventions in the political process, but we seldom criticise the judiciary with the same ferocity for assuming a larger than life role for itself in the Pakistani political process. We do have instances when the SC premises were attacked in the ‘90s by workers of the then ruling party, the PML. But we also have precedents when the SC legitimised military dictatorships. And, we have examples of SC judges taking oath under provisional constitutional orders (PCOs). Sadly, we don’t have any example of instances where the judiciary had put its foot down refusing to muddle in cases that could have been solved in the Parliament.
But what to do when parliamentarians themselves are divided on the utility of the House they serve. Perhaps, it is a one-of-its-kind house whose occupants fight tooth and nail and spend billion of rupees to get in. But once they’re in, they use the place for everything but law making — which is the purpose of its creation — that concerns matters of governance. Since governance is not an issue to be bothered with in Pakistan, the Parliament remains a space meant just for power wielding by elected representatives.
When the issue of Panama Papers started gaining momentum, the opposition and the treasury had agreed to make a judicial commission to probe charges against the Sharif family. But such a commission, to be formed under the Pakistan Commission of Inquiry Act of 1956 (Act VI of 1956), was not acceptable to the SC. It asked the government to make a new law so that a credible inquiry into the matter could be made. It also had reservation over the term of references (ToRs) made by the government for the proposed commission. Then, the PTI went to the Election Commission of Pakistan (ECP) as well as took to the streets with a warning to lock down Islamabad. From then onwards, the SC took up the matter, deciding to hear petitions seeking action on Panama Paper leaks.
This time, it was the judiciary, instead of the Army, that thought enough was enough. But as the court proceedings kicked in, arguments presented by the counsel of the defendant, remarks passed by judges, and TV talk shows staged following hearings first outside the SC premises and later in newsrooms all combined to make dispensation of justice quite a distasteful affair. Everyday a Greek comedy would unfold in front of us where institutions were mocked at. With the formation of the JIT, the comedy has been taken to the next level. Today, the JIT has become a painful sore for the PML-N. The inclusion of officials from the Inter-Services Intelligence (ISI) and the Military Intelligence (MI) in the JIT has been particularly disturbing. There are rumours about schemes being hatched to get rid of politicians bred during the 1980’s especially those who entered politics through non-party elections held in 1985 during General Zia’s regime. Prime Minister Nawaz Sharif was one of them. Many senior journalists are writing that if Sharif leaves, the country would sink so deep that it would take years to revive. How and by what formula have these journalists arrived at this conclusion is anybody’s guess. On the other hand, investigative journalists who have been exposing corruption of the bureaucracy and politicians are being suddenly maligned on social media.
Now, we have been told that a JIT insider had leaked the photo. That adds another layer to the conundrum. Creating confusion is a time-tested formula to discredit authenticity and credibility of any affair.
The matter of the fact is that there was no need or reason for the constitution of the JIT to probe this case. The issue should have been decided by the Parliament through investigative and law enforcement agencies. The excessive involvement of courts in a matter of governance has further deteriorated Pakistan’s stature. Now that we have learned to handle Army’s intervention in affairs of governance, another charter of democracy is perhaps needed to figure out how to deal with judiciary’s. The country needs breathing space.
The writer is a journalist. She can be reached at [email protected]