Institutional conflict who will win?

Do you think that the present government and democracy are going on same track? Obviously not. The government does not appear to be on the same track and this entails danger for democracy.

The Government has said it would respect the decision of the court but some observers feel more needs to be done to show it indeed would do.

Two pillars of the State, judiciary and the executive face the risk of coming into confrontation. Hopefully both sides so far have avoided this path.

We already have many other very serious issues to resolve. Now one more critical issue has emerged. It will have far reaching effects on the political scene of the country. It will decide on the relationship between the judiciary and government.

People are watching the matter with great interest and of course with concern. The annulment of the National Reconciliation Ordinance (NRO) by the Supreme Court of Pakistan is being widely discussed by the people from all sections of the society.

The attitude of the government is also one of the causes of the current situation. Let us face it, this problem would not disappear by just sitting idle.

Since it has caused tension, it would have to be tackled in right earnest.

The current situation arose when The Supreme Court of Pakistan declared the National Reconciliation Ordinance (NRO) null and void on 16th December 2009. This verdict took the matter right back to pre-5th November 2007 position, when as if, NRO did not exist.

This set in motion a debate that would continue for a long time. It came as a shock for some who allegedly had benefited from the NRO but hailed by many others.

The verdict was announced by the full bench of the court comprising 17 judges. It was a unanimous decision with no dissension. . This matter by itself is of great significance.

This was very important verdict and hailed by the people. They said it had brought good news for them at a time when the country was besieged with so many problems. The judiciary won great laurels from a large group of the analysts, members of the civil society, activists and the opposition politicians from various parties.

It is quite ironic that the Pakistani politicians always declare their great support for democracy. They hail the democratic system as best and a solid guarantee for solving many of the problems that confront the nation.

However, many of them just provide lip-service to democracy . When it comes to implementing the democracy they utterly fail to do so. Rather their conduct is generally contrary to the norms of democracy.

They always forget that rule of law and adherence to the constitution is the first principle of democracy, because the constitution reflects the aspirations, rights and will of the people...

It should be kept in mind that when the court declared NRO unconstitutional, it did not affect the position of the president since he is protected by Article six of the Constitution.

It may be asked did this historic decision of the court affect the government.
It is not first time in Pakistan that the court announced a decision against the government of the day.

There are many instances all over the world of the courts having taken decisions against the governments. China, Bangladesh the United states and India are to name just a few where verdicts were announced against the governments.

Efforts have begun in Bangladesh to make constitution secular after the Supreme Court threw out the Fifth Amendment which permitted religious parties to take part in elections.” Bangladesh may then return to its secular roots.

It should not be forgotten that the NRO verdict is based upon the constitution, the sacrosanct of which has been so important for the government officials, who never get tired of declaring their firm resolve to uphold the sanctity of 1973 Constitution.

The NRO was promulgated by former president Pervaiz Musharraf in the name of reconciliation under which the corruption charges against politicians were dropped.

The NRO was issued by Pervez Musharraf under 35 politicians including Asif Ali Zardari and 250 bureaucrats on 5th October 2007,

Should he leave his designation and presidency claim and quite or continue his President ship under the article 248?

The NRO was in fact a deal struck by Musharraf regime with Pakistan People’s Party and it gave safe exit to former president.

Under this deal cases pending in courts against many people prior to 1999 stood withdrawn.

The people who had benefited from the NRO came to be known its beneficiaries some of them were very prominent people of the country.

Many of them were leading politicians. The list carried the names of the president, Federal Minister and bureaucrats.

The opponents of the Government saw it as a golden opportunity to express their sentiments. It was a good chance for them to condemn their opponents.

In the opinion of some leading lawyers the ministers and officials who were beneficiaries of NRO should resign on the basis of the verdict of the court.

However, there was also other side of the picture. The people who were put on the list did not resign.

They said they would continue to hold office until proven guilty in the court of law.

This indeed is an important argument. Many of them said they had not done any wrong and their names should be removed from the list of beneficiaries.

They announced their intention of seeking help from the judiciary. They would go to courts and prove their innocence. They claimed the charges leveled against them were false.

Now the question arises how their names appeared on the list if they were innocent.
But they in fact will remain innocent until progven, guilty. This is what the law decrees. The norms of justice also say the same, not guilty unless proven.

Some say the beneficiaries should resign on moral grounds and get their names cleared by courts rather then they continuing to hold office.

But the beneficiaries of NRO refused to do....... Who is right or otherwise, only time will tell? But it is certainly a difficult question and needs an answer. The sooner the answer is received the better.

One other thing, however, is well known that some members of parliament in India have cases pending against them. But they have not resigned. Their stand is well known. They have said first let the courts prove them guilty. Only then they will resign is what they say.

It is a hard fact, first prove the wrong committed by the beneficiaries and then ask them to resign, however, it is also a hard fact, and they should go to courts and get their names cleared.

This is in their own interest. The people without carrying any blame would certainly serve the nation better.

The Government has announced that it respected the judiciary and would abide by its verdict.

The Supreme Court had announced its verdict in a short note. It would give a detailed verdict later.

It is believed that many beneficiaries of the defunct NRO would then have to go to courts.

They would not have any option other then this course to follow. Whatever may be result, the political situation in the country would not remain the same. This is for sure.

The people were aware of the all conspiracies against them and democratic system. In the opinion of many people democracy is not threatened, but would rather be strengthened by judicial activism provided it is balanced and sagacious like it did in striking down the NRO.

Those who understand the dynamics of this country and society are very well aware of the fact that pulls the strings here.

In any civilized country, opinion makers are those who are highly qualified and carry a lot of respect .In Pakistan this is done by media, analysts and intellectual who are playing major role with honesty such as in the current situation.

The situation that has emerged after the annulment of NRO will leave its effect. Many people despite having tremendous influence in the society will perhaps see the end of their importance.

This is what the people have demanded. The corrupt and the bad should be weeded out. Only then the country would flourish and prosper.