The country is embroiled in a host of ill-perceived projections, which are the outcome of a flawed understanding of the existing ground realities and how they are likely to impact developments in the near-to-long-term.
A high level of euphoria has been consciously generated in the aftermath of the limited-scale war with India. No doubt, Pakistan’s response and, more particularly, the performance of the air force deserve plaudits, but long-term internal unity cannot be achieved by short-term gains on the battlefield. It is, therefore, imperative that internal conflicts that continue to simmer are addressed pragmatically. Immersed in the elation of having subdued a treacherous neighbour on the eastern front, it would be fallacious to overlook the factors driving a wedge in the prospect of fostering unity among the people.
The principal factor cultivating a sense of caustic satisfaction among the ruling elite is having immorally, unconstitutionally and illegally dismantled the edifice and role of the state institutions. While the legislature has always been the handmaiden of the power-wielders, the judicial arm has been rendered dysfunctional by depriving it of its independence as enshrined in the constitution. The tragedy is that many in the institution have agreed to conform, thus grievously damaging the prospect of justice.
The state has been forced to do this simply because of its ill-perceived infatuation with crushing the PTI and ensuring the continued incarceration of its founder-chairman Imran Khan. That was possible only if the judiciary was disinvested of the powers it derived from the constitution to ensure the provision of justice in matters brought before it. In the aftermath of the passage of the 26th Amendment, that possibility has been culled into smithereens.
This is particularly impacting the cases concerning Imran Khan, which was the prime objective of the enactment. The bail pleas, which are supposed to be fixed as a matter of routine, are being subjected to prolonged delays. Take the fake and fraudulent case of Al-Qadir Trust. It has now been four months since the bail application has not been fixed for a hearing. Frustrated with the blatant denial of justice, PTI legislators and lawyers appeared before the acting chief justice (CJ) of the Islamabad High Court (IHC) on Tuesday, May 20. They apprised him of the inordinate delay in the matter. He promised to fix it for Tuesday, May 27, but it never made it to the cause list of cases for the day. The party legislators again approached the CJ. He has now promised to fix it for a hearing on Thursday, June 5.
So close to the Eid holidays, whether the case will be heard is yet to be seen. If it is not, of which there are ample prospects, it is likely to be delayed till after the long summer break of the high court ends. This would be in the month of September, or even later which would be tantamount to gross travesty of justice.
While repeated bail pleas are being ignored, the hearings of fake cases involving PTI leaders and workers are being accelerated to secure quick and damning convictions, thus depriving some legislators of their seats in the national and provincial assemblies. Similarly, the government's review plea in the reserved seats case is also being heard on a day-to-day basis. Contrary to established principles of jurisprudence, while a 13-member bench issued the original judgement, the review petition is being heard by a bench comprising only 11 judges out of which six were not members of the bench which had given the original judgement.
Simultaneously, the hearing of Toshakhana 2, another fake and fraudulent case against Imran Khan, is also being accelerated to secure a quick conviction. This would be used to keep Imran Khan incarcerated even if a bail is granted in the Al-Qadir Trust case.
This is how the judiciary is being manipulated which has completely compromised the concept of justice in the country. Alongside a muzzled media, this is the key instrument that the ruling elite is exploiting to prolong its hold on power and keep Imran Khan hostage of malevolent plans. The lack of wisdom associated with this strategy is apparent in the crude manner it is being practised by bringing down the entire national constitutional structure. The damage this would accrue to the state and its long-term interests is virtually unfathomable at this stage.
This damage will continue unfolding with time, bringing notoriety in its wake. Is there someone who cares? Is there someone who has the sagacity to look beyond the objective of holding on to power by a minuscule beneficiary elite whose past is soaked in indescribable corruption perpetrated exclusively for their personal benefit?
The 26th Amendment is the core evil that has been committed to harming the state. As we continue to be immersed in its poisonous excretions, it would be impossible to shake free of its resultant impact. It is an artificial fabrication erected atop the constitutional carcass, which is unsustainable and cannot withstand the winds of change blowing across the national expanse.
We have seen enough of this fratricide. Its continuation will only damage the prospects of national progress and the well-being of citizens. People have to come together to take the country forward. That will happen if the state dispenses its responsibilities in a benevolent and nonpartisan manner. However, if it becomes a party on the side of some, as is the case at this critical juncture, it’ll breed further disunity, division and chaos.
Enough wounds have been inflicted upon the national body politic. Some of these wounds continue to lacerate, requiring a compassionate hand to apply the healing touch. Persistent bleeding can germinate the entire edifice, which already stands on wobbly foundations.
Let’s stop this. Let’s give everyone an equal chance at life. For that to happen, the state will have to stop discriminating against some, with its support reserved for a chosen few whose past is soiled in crime and corruption.
The constitution is the bedrock on which the edifice of the state stands. It must be restored in its foundational ambience. Legislation like the 26th Amendment is an ugly blot that soils the face of the state.
The best way forward is embedded in dialogue. Instead of insisting on keeping Imran Khan incarcerated and his followers hounded, the power-wielders should initiate a process of all-encompassing engagement. There is no alternative to fostering genuine peace in our midst to take Pakistan forward.
The writer is a political and security strategist and the founder of the Regional Peace Institute. He is a former special assistant to former PM Imran Khan and heads the PTI’s policy think-tank. He tweets @RaoofHasan
