Poll announcement
AT a time when the country needs stability, President Arif Alvi’s decision to unilaterally announce a date for elections in Punjab and KP has once again plunged Pakistan into political chaos.
Announcing the move through the president’s press office, Dr Alvi defended his decision as a “constitutional and statutory duty”, and criticised the ECP and Punjab governor for allegedly shirking their responsibilities. It is unclear how things will now unfold.
Constitutional law experts themselves are divided, with some asserting that the president is within his rights to set a date for elections, while others emphasise that this is a matter that only the ECP can decide. Are we facing a fresh constitutional crisis? Will the judges intervene, and will we now be spectators to yet another drawn-out legal drama, with the courts deciding who is right?
This fresh crisis will play out amidst multiple ongoing difficulties that are causing unimaginable hardship to ordinary citizens. We are already on the brink of economic collapse — including default — and are threatened by the resurgence of terrorist groups as the brazen attacks on law-enforcement agencies across the country have shown.
It is Pakistan’s misfortune that the nation is going back to that familiar place of darkness, confusion and disorder — all thanks to our political leaders, on both sides of the aisle, who have no solutions to offer and are only experts in accusing each other of mala fide intent.
The country is at this precarious place because our politicians have yet again failed to provide strong leadership. Time and again, they put their political survival first and the country second as they focus their energies on manipulating the election date.
The ruling PML-N is hellbent on avoiding polls, for fear of being pummelled by its opponents as it fails to curb inflation. It is twiddling its thumbs and waiting for a miracle, both in terms of a financial lifeline and former prime minister Nawaz Sharif’s return.
The PTI, high on its evident popularity, is playing the role of spoiler and exploiting every rule in the political playbook to force elections. Parliament is a circus, and the ECP, sadly, is being seen as a rubber stamp for government actions.
Acrimony and the perpetual failure of the government and opposition to engage on matters that demand immediate action mean that it is the judiciary or certain other powerful quarters that might take political decisions.
The elected representatives will have only themselves to blame if those outside their domain take advantage of the situation. Sanity must prevail. This paper has time and again advised the government to go for early elections — across the country and not just in the two provinces. The authorities must act wisely to prevent the country from reaching a point of no return.
Published in Dawn, February 21st, 2023
Judicial reform
RECENT remarks from a former Supreme Court justice regarding the “corruption” of the judiciary — coming at a time when the role of the judiciary is being repeatedly brought into question by political quarters — have opened the door for a critical reconsideration of how appointments are being made to various tiers of our judicial system. Speaking at the Karachi Literature Festival, former justice Maqbool Baqar noted that the judiciary has never been immune to corruption, which he described as “not just financial, but moral, social and political as well”. He attributed the rot to the process through which judges are inducted. Mr Baqar said nepotism, favouritism and the sacrificing of merit in the selection process were the core reasons why the judiciary became slowly compromised since independence.
Mr Baqar stressed that the judiciary’s independence ultimately boiled down to the kind of individuals who led it. “You need character, courage and calibre,” he said, evidently indicating that these traits were missing in the ‘weak links’ within the judiciary. His remarks swung a spotlight onto a running debate over who should be considered worthy of elevation to the Supreme Court — something he explicitly acknowledged. This debate has resulted in multiple stand-offs at the Judicial Commission of Pakistan, where some have insisted on seniority, a simple measure, as the basis for elevation, and others on merit, an arguably newer and more nebulous approach. Both measures have some drawbacks, and it is unfortunate that the deadlock has yet to be broken through a clear-cut, rationalised process for appointment. There is a widely held perception that it is lawyers who are unable to run successful practices who end up in the lower judiciary, where their career may stand a better chance due to its low barriers to entry. Though it may not always hold true, this is a disappointing commentary on the state of our judicial system. Coming back to the question of seniority versus merit, the dilemma would not exist if, from the very lowest tier, the requirements for an appointment to the judiciary were set such that only people of “character, courage and calibre” were inducted. Strengthening the appointment process of judges at all tiers would not only prevent further corruption of the judicial system but also make it simpler to make decisions about individuals’ progression without having to worry about unfit judges compromising top offices.
Published in Dawn, February 21st, 2023
Syria air strikes
ISRAEL’S irresponsible behaviour in the region has been a threat to Middle East peace for decades. In particular, its foolhardy forays targeting Syria, especially since the 2011 war began, risk igniting a greater regional conflagration. The latest Israeli blitz came early on Sunday, when a number of air strikes rocked Damascus, including some residential areas of the Syrian capital. The primary targets appear to be fighters aligned with Iran, which has stepped up its military presence in Syria since the start of the civil war, as well as the Lebanese armed group Hezbollah. While Tel Aviv has remained tightlipped, as usual, the Syrian state says the “Israeli enemy” launched the assault from the occupied Golan Heights. Russia, a key supporter of the regime in Damascus, has issued a rebuke, warning Israel to “put an end to armed provocations”. At least 15 fatalities have been reported, including civilians.
This is not the first time Israel has struck civilian sites in Syria; in the past it has attacked airports numerous times. Moreover, the fact that the strikes come at a time when northern Syria is reeling from a devastating earthquake makes the Israeli actions particularly grotesque. Deliberately targeting civilian areas is a war crime, and it is interesting to note that the self-declared champions of the global ‘rules-based order’ remain silent on Israeli transgressions in Syria. The violation of a sovereign state’s territory is unacceptable, and Tel Aviv’s foreign supporters need to rein in their Middle Eastern protégé. Moreover, in a global scenario where the Ukraine war threatens to transform into a more widespread confrontation between the pro-West camp and the ‘rest’ led by Russia and China, the Israeli actions are akin to pouring fuel on fire. If the pro-Iran Hezbollah or Hamas decided to lob a missile or two towards Israel in retaliation for the Syrian attacks, Tel Aviv will have no one but itself to blame for the escalation.
Published in Dawn, February 21st, 2023