The Temple of Justice and Veneration of Capital: Supreme Court’s Decision on NRO – By Lal Khan
A Comment by Lal Khan of IMT
(Translated by AA from “Tabqati Jiddojehd”)
The recent Supreme Court’s recent decision declaring the NRO (National Reconciliation Ordinance) null and void has emerged as latest explosion in the series of tremulous events which have been arising from the severe political, economic and social crisis plaguing Pakistani state and society. Instead of resolving this severe crisis, this decision will actually sharpen the contradictions and deepen the crisis and the anarchic situation. In August 1970 the veteran communist theoretician Comrade Ted Grant wrote, “we see the ruling classes of Pakistan swing from one form of governance to another, from military dictatorship to democracy and than the cycle repeats it self. This on their part is an attempt to avoid and escape the principle contradictions confronting them. But whatever is their form of government, military dictatorship or a “difficult democracy” they fail to provide economic and social stability” (Unbroken Thread, Ted Grant, 1970,p 431)
After 30 years this crisis has become far more complex and severe. Corruption is not the cause of failure of this system rather it’s the fundamental necessity and creation of this system. In this rotten system who is not corrupt? From pillars of state and politics to journalism and vanguards of social morality every layer of authority and ruling classes is corrupt. In this state afflicted by the crisis capitalism the pillars of state have no solutions. Just like western capitalism, the client politicians of the ruling elite and establishment do corruption like master tacticians; they leave no proof behind and no stain on their character.. Their corruption is protected and safe. Despite all this when one considers the different existential crisis affecting every aspect of society and state of so called Islamic republic, corruption really becomes a non-issue. The judiciary which is being portrayed as holy, sacred and clean is historically one of the most corrupt institution of Pakistan. Not only this, judiciary has always given verdicts which have strengthened the strangulating grip of ruthless capitalism and establishment on the people. This decision is just yet another addition into this long tradition of decisions given by the superior judiciary of Pakistan. Just like Army, civil bureaucracy, parliament, corporate media the judiciary is part and pillar of the state. Just like these the principle function of judiciary is to preserve this inherently unjust system at any cost. Some times using brute force and violence and at other instances utilizing the farcical democracy or judicial and constitutional wizardry the rotten social values and institutions of this system of ruthless capitalist plunder are given new life. The bitter reality is that this state and its institutions and all the political parties affiliated with it are slave of international monetary capitalism. If the capital cannot be generated by fair means utilizing unfair means become a necessity in this system where capital is god venerated in temples of state. In a system where every relationship, value and emotion has become a commodity, justice too is on sale at judicial market. In this hideous play of the ruling elite, the imperialism is strengthening its grip and is continuously looting and plundering the national wealth and assets without any resistance. Pakistan Peoples Party was product of a revolution (1968-69 revolution) but it could never transform itself into a Leninist revolutionary party. This contradiction resulted in its adoption by the working classes and downtrodden people of Pakistan as their revolutionary tradition and at the same time, its real character being “populist” instead of “Leninist-revolutionary” makes it vulnerable to be used by the ruling elite and enemy classes for furthering their agenda and easing their difficulties. Despite having the ample opportunities to completely dislodge the capitalist system in 1968-69 and in 1971-72, the failure to do so and decision to operate within the constraints of this system, the party leadership is on a continuous swing of deviating from Party’s original and fundamental programme of Socialism. With this the slow infiltration of enemy classes in the party started and their grip on party has been increasing ever since. It is not to be denied that the present leadership of feudal, industrialists and petty bourgeois up starters have indulged in corruption but the question is which party and institution of Pakistan has not? Karl Marx once wrote those who don’t learn from history are condemned to repeat it.
In every crisis, the working classes and downtrodden masses of Pakistan have given their sweat, blood and tears to save this party. But the establishment and ruling classes have always used this party to control the crisis of state and to diffuse the revolutionary insurrections of masses and working classes standing behind this party. On return of Benazir Bhutto the monumental popular uprising completely exposed and discredited the so called “Lawyers Movement” and sharpened the class struggle. The sheer volume of popular uprising bewildered the establishment and ruling classes which were shaken to their roots. The epicenter of this movement Benazir Bhutto was assassinated and by a fraudulent election , a setup was imposed on the people in which government was given to the peoples party but the real power was vested with some one else under tutelage of Washington. The credit of removing General Pervez Mushraff was granted to the Lawyers Movement by the national and international corporate media instead of the glorious sacrifices and class struggle of people of Pakistan. The petty bourgeois and elitist leaders of Pakistan Peoples Party, blinded by the lust for power and wealth were under the deceptive illusion that they have the power in the state structure. The governance of this system moved them to impose ruthless capitalist policies like the criminally deceptive concept of “Public-Private Partnership, privatization and de-regulation resulting in unprecedented rise in poverty, hunger, unemployment and load shedding alienating the masses which form the very base of this party. With this economic terrorism people were attacked and the movement started to diffuse depriving people’s party of its “use value” by the state and establishment. As the leadership of Pakistan Peoples Party tried to strengthen its hold on Power structure , the holders of real power and the real rulers of this country h used yet another of their institution, the Judiciary instead of the traditional bully the Pak Army to show the Peoples Party’s government their real worth. In reaching this situation, the people’s party government by its sheer incompetence and pursuit of anti people economic policies has weakened it self and paved the way for the right wing assault. The irony is that even if Peoples Party government is kicked out the problems and crisis will not be resolved. Rather the situation will deteriorate manifolds, barbarism will plunder the society. The brutal assassination of Benazir Bhutto created a sympathy wave but the people burning in the hell of poverty, hunger and terrorism can’t wait for ever spell bound by an illusion. Even if they don’t rise in a revolutionary movement, holding on to the dwindling hope provided by their traditional party, in presence of such levels of poverty, humiliation, hunger and crisis any hope of stability is not tangible.
The crisis of society itself manifests in forms of contradictions within ruling elite, the state institutions creating an internal conflict within the state and ruling elite. Every system of governance created by the bosses from ruthless military dictatorships to controlled democracy of General Musharraf and the capitalist parliamentary democracy has failed miserably. Every party and every institution stands exposed in front of the people. In this situation, it will be very difficult for the present leadership of Pakistan Peoples Party to use its traditional sympathy card. No doubt that the people and working class will be saddened by the dismissal of the government of their traditional party but they will only come out to actively support and defend the government, if the party returns to its original programme of socialism as rallying cry for a revolutionary movement.
This scenario in the present situation is very difficult keeping in mind the present leadership of the party. This on the other hand will create an ideological turbulence in the base of the party. Many expressions of this will be in form of personal and opportunistic dissent but an ideological conflict within the party is inevitable. The phenomenal question will surface in the party that which class this party represents and which class’s interests it pursues instead. The last writing and testament of Chairman Zulfiqar Ali Bhutto will re emerge and new avenues will open for the revolutionary tendency within the party. The traditional party slogan of “Socialism or death” will once again echo in this party.. The victory of revolutionary socialists in Peoples Party will pave the way for the socialist transformation of the society with the permanent solution of poverty, hunger Islamic fascism and unemployment and this will become a reality.
Source: Taken from “Tabqatti Jiddojehd” and “Chingari.com”
kaut b kaala, moo b kaala, dil b kaaaaaaaala
wah ray CHEAP JUSTICE, buhat aala buhat aala
The real objective of judiciary is to impart true justice to all irrespective of their status. The recennt judgement of the DARBAR E UZMA PAKISTAN on NRO with special emphasis on the cases against Asif Ali Zardari is a clear violation of the basic objective of the court”s creation. The court had been approached time and again by Shaheed Benazir Bhutto and Asif Ali Zardari for acquittal on the basis of politially motivated cases, but it fell on deaf ears the Darbar e uzma judges. These very judges remained part and parcel of the establishment and participated in the witch hunt carried out against the couple. The judges who heard the case of Tapes of Coversation between malik qayyum and saif ur rehman in 2003 must have quashed the case of SGS once for all. But the judges dcide to return for retrial. THe case must have been declared dead once the malice of the yhen government and the condemned judge was clear. The order of retrial was a clear violation of aticle 13 which readsNo person(a) shall be prosecuted or punished for the same offence more than once;
(b) shall, when accused of an offence, be compelled to be a witness against himself.
The people taking oath of judges should know each and every article of the constitution of the land. But the decisions in our country are being passed on the basis of personal affiliation, love or hatred with someone or a much trumpetted slogan according to their conscience. The decision of a judge must be according to LAW and CONSTITUTION.