A
lady being manhandled by intelligence goons when Shahbaz Sharif
arrived in Lahore
Shahbaz
Emerged in the Fiasco as a Huge Winner
By
Shafqat Mahmood
LAHORE:
Shahbaz Sharif came and was hit by the iron fist that lurks beneath
the thin veneer of our so-called democracy. In the paradigm of
force and power, concepts such as law, propriety, fundamental
rights etc just don’t register. The gun terrorizes everyone;
the courts, the politicians, the civil servants, the police and
even the press.
They
meekly surrender because they are afraid or want to hang on to
whatever little they have. A few graduate to the next step and
seek bakshish or payment for services rendered. Some
crumbs are thrown their way and are happily lapped up. This, ladies
and gentlemen of the jury, sums up our national character.
Holding
this nation hostage is so easy. We sell our souls for so little
— all of us not just one institution or one group of people.
Take this ineffectual body of people who have now come together
in yet another Muslim League.
What
do they get for caving in and agreeing to do the bidding of a
General in uniform? Some become powerless ministers; others even
more useless members of parliament and some are just satisfied
with meaningless titles. A vast majority struts about as local
office bearers of the King's party and are mighty pleased with
themselves. They have no respect in society, no power to exercise,
no higher purpose to serve. Yet, they have a perpetual smile of
triumph on their well-fed faces.
Our
courts also acquiesce without a pang of conscious. They declare
every military intervention necessary and legal. They declare
kosher every outrageous transgression whether it is against fundamental
rights or the basic law of the land. And they become accessories
in illegalities that even a lowly civil judge would find unbearable.
A
new device has been found to avoid the embarrassment of declaring
legal patently illegal acts. The office of the Superior courts
is now used to avoid hearing petitions. Four absurd objections
were placed on Shahbaz Sharif’s petition seeking to be allowed
into the country. When the lawyers ran to the Supreme Court in
appeal, its office did not allow the petition to come up for hearing
on the day it was filed. Petitions such as these become meaningless
the day after and that is what was achieved in both the courts.
Forget
the question of fundamental rights or the fact that Shahbaz had
a right ordained by the Supreme Court to enter and live in Pakistan.
He had been declared a proclaimed offender by an anti terrorist
court and warrants were issued to the police to arrest him wherever
they could find him. He arrived in Lahore and was in the custody
of the police. He had to be produced before ATC and there is no
legal argument that can override this. The fact that he was not
means that the case in the ATC automatically collapses.
But
will anybody take note of this or the fact that an egregious contempt
of court has been committed. Another testing time looms ahead
for the courts. Petitions are being filed. Some stance would have
to be taken unless the old reliable tactic of not hearing these
matters is used. Let us not forget that the petition against the
ISI for distributing funds among politicians in the 1990 elections
is still pending before the superior court. No one dares to touch
it.
Some
have argued that let us forget legal questions because Shahbaz’s
expulsion is a political step and should be seen as such. I not
only respectfully but vehemently disagree. We are not yet a civilized
nation but we have to move in that direction. The definition of
a civilized nation is respect for law or rule of law. How can
the legal aspects be forgotten?
It
is not just a question of Shahbaz Sharif. Every time someone’s
fundamental rights are violated, my rights and the rights of every
citizen in the country are abridged. If they can be high handed
with him they can also be high handed with me. No man is an island
said the poet and this is particularly true where questions of
fundamental rights are concerned.
Who
won or who lost politically is a meaningless debate in the current
scenario and becomes relevant only in the long term. For the moment
force has triumphed over principles and the political system put
together after October 2002 has been protected. In the long term
of course Shahbaz Sharif emerges as a huge winner.
He
demonstrated courage by his willingness to face an unending jail
term. He washed away the charge of capitulation against the house
of Sharif leveled when most of its members sought exile in Saudi
Arabia. By attempting to come back he vindicated his oft-repeated
stance that he was forced to leave under duress. He also showed
that he has what it takes to lead his party PML-N. From now on
Shahbaz will have to be taken as a serious politician in his own
right and not just as younger brother of Nawaz Sharif. At the
end of the day he has restored his honor and the honor of his
family. These are no ordinary achievements.
His
coming was politically and strategically an important move. He
galvanized his party by showing them that the Sharif family and
he in particular are still a factor in national politics. His
arrival also mobilized the party out of its hibernation and I
at least was surprised by the spirited fight its workers put up
under very adverse circumstances.
A
huge wave of sympathy for PML-N and for the Sharifs also appears
to have emerged with the inept handling of the entire episode
by the government. Whenever there are free elections in the country,
Shahbaz Sharif’s attempt to come back to the country would
be a major vote getter for his party.
While
there are these politically advantageous outcomes of Shahbaz’s
visit they would only bear fruit in the future. For the moment
his expulsion brings home the grim reality that we are still ruled
by force. The situation on the ground is that nothing moves without
a nod from up above. All the appearances of democracy are a sham.
How
will this change? The really depressing thought is that change
does not appear either easy or inevitable. We may be in the same
mode of rule by force for a long time yet. The last refuge of
a believer is prayer. Let us pray my friends for a better dispensation.
The
writer is a former minister and a member of Parliament and freelance
columnist based in Lahore. Email: smahmood@lhr.comsats.net.pk
