The doctrine of necessity and the judicial saints – by Usama Bhutto

“The system is heading towards a disaster. Someone will have to interfere”. The Supreme Court of Pakistan.

We have had a troubled history. Ever since its first elected Prime Minister gave Pakistan a unanimous constitution in 1973, the countries’ Parliamentary history has been disfigured by successive Military Dictatorships. The “Judicial Saints” have played the “Rescue 15” for Military Establishment and the nefarious designs of Non-Democratic entities.

The tumultuous political scene today must be understood in a broader perspective. Since the Coalition Governments were formed at the Centre and the four Federating Units in early April 2008, the Pakistani Media missed out the NRO. Was it not the Pakistan People’s Party had the mandate of the people of Pakistan despite the infamous National Reconciliation Ordinance intact? Hardly any “Anchor-Messiah” credited Asif Ali Zardari for steering the Pakistan People’s Party to one of the greatest election victories; At a time when the Party stood in shambles after Benazir Bhutto was shot 2 km from the GHQ in the Garrison City of Rawalpindi a week before Pakistan was to go for the first scheduled polls on January 8th. Sane political sense suggested to run for the polls, where the minions of Dictatorial Rule campaigned for a boycott of the General Elections. The question of NRO in backdrop, Pakistan Muslim League, the Awami National Party and Muttahida Qaumi Movement scored boisterous victories.

The country’s Parliamentary history witnessed near miracles. A coalition Government with hardly a few thumping on Opposition benches was formed at the centre. Coalition Governments materialized in the four provinces despite the historical rivalries of political foes. Syed Yousuf Raza Gilani was voted a Unanimous Prime Minister of Pakistan. A woman ascended the chamber of Speaker for the first time in the history of National Assembly. Opposition Leader of the house was made the Chariman Public Accounts Committee. Hardly any of the “Media Savior” of ours acknowledged the untiring efforts of Asif Ali Zardari who happened to be the pivot of change and the Co-Chairman of the Pakistan People’s Party. More or less, Asif Ali Zardari campaigned for democracy rather than for the Pakistan People’s Party in February Elections.

A General occupying the Presidency, the first Long March of June 13th dispersed without the Army Chief or a Richard Holbroke intervening. Throughout the period of forming a Government at the Centre to ousting General Musharraf, the Media had had a dubious role.. With astounding political shrewdness, Asif Ali Zardari not only forced a General to resign as did Yahya Khan, but positioned himself at the helm of events through an impressive electoral majority in the Legislatures. With the “Infamous” General replaced by Asif Ali Zardari; the Mullah-Military Establishment had a reason to worry. It was not until the electoral victory of 6th September that the monster of NRO, corruption and Blackwater was unleashed upon us.

A calculated pattern of events followed the Presidential Conquest. Allies at the Centre assembled on the opposition benches and the Judicial Movement was out of the blue sponsored by not only the Military but the United States of America seemed to take a sharp turn. For a “Dangerously Friendly” attitude of peace towards the Indians, Asif Ali Zardari was punished with the Mumbai episode. Governor rule in Punjab was fiercely opposed by the “Guardians of Democracy”. After all, Punjab happened to be the axis of “Revolutions” whenever dictatorial governments threatened the very existence of democracy.

Judicial Movement came to an unexpected halt when the Military-Holbroke mutual understanding forced the Prime Minister to restore the deposed Judiciary. Given that the constitution of Pakistan had no provisions for “Re-instatement” of Judges. Superior Courts now “Liberated” of “PCO” Judges, a Media Trial of Asif Ali Zardari followed suit.

A momentum was build on purpose to explode on the 16th of December. Judiciary crossed into the lines of Executive and the Media sneaked into the Courtrooms: Clash of Institutions.

The silent revolution of February 18th buried the Doctrine of Necessity deep beneath the rubble of Kings’ League. What the public missed out, were “Judicial Saints”. The Rescue 15 of dictators. Perhaps, the Doctrine of Necessity is on the ventilator. Breathing, surviving.

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