It is a recorded fact that the Pakistani justices have pretty much always provided a legalistic rationale for all military adventures in Pakistan. A sad and glaring example of that is the enigma of “doctrine of necessity” invoked by the justices in the mid-1970s to provide a justification for Zia-ul-Haq’s illegal and unconstitutional regime.
We had hoped that the current supreme court, having come back to power through popular support, would have learned not to serve the anti-democracy forces in Pakistan. But we were, of course, too naive.
How did this crisis come to be. Simply, the judiciary forced the Prime Minister to open closed cases against the current president. Let us not forget that Mr. Zaradri IS the former Mr. 10% and we have no doubts about his checkered and corrupt past. But our main concern now is to see at least one government finish its term so that a clear system of public rule and democratic norm can be established. The justices should have kept this long-term view in mind, but, sadly, they have gone for short-term political gains. This set of circumstances is deeply troubling and deplorable.
The question now is simply this: would this juridical vendetta end now or the new government would also be brought to a crisis under the same issues. How many prime ministers are the justices willing to replace just to make a point. And who gains if the army, this time, remains the main player behind the scenes. There can be no future for pakistan if those committed to serve the nation cannot stop acting as the masters of the nation and keep coming up with varied schemes to undermine the will of the Pakistani people.
Yes, the political system is corrupt, but give it time, a chance, and we might forge a system worthy of our hopes and aspirations. We have tried military and quasi military rule for the past sixty years: it does not work and it has given us a fractured, tortured, and disrupted nation.
There should be an end to such misguided judicial activism: it hurts the nation and endangers the future of our children!