This week, Pakistan’s most powerful man — Army Chief General Ashfaq Parvez Kayani — asked two fundamental questions in an address to officers at the GHQ in Rawalpindi. This speech was carefully released to all media, who then made headlines of it.
In what was clearly an internal debate, General Kayani asked his
officers firstly whether in the present scenario we are promoting the
rule of law and the Constitution. And second, whether we are
strengthening or weakening institutions. It is not clear who the “we” in
this speech is but one can assume that the army chief was talking about
Pakistanis as a whole and not just the armed forces. These are
important questions coming from an important institution. The army chief
also warned that certain elements are trying to drive a wedge —
wittingly or unwittingly — between the people and the armed forces. Many
analysts have come out with their interpretation of the speech. The
army has not contradicted any of them. Possibly, they are now watching
the debate evolve.
In response, Chief Justice Iftikhar Muhammad Chaudhry has already commented that the Supreme Court has the final authority on constitutional matters.
This has prompted fears of a war of words between the judiciary and the
military leadership. So far, these fears are unfounded. But things are
more complicated than they seem. General Kayani also said that we are
passing through a critical phase in our country’s history and future
generations will judge us positively if “all of us serve Pakistan
better” — the emphasis being on the word “all”.
In answer to the first question, the present democratic set-up has
done little to promote the rule of law. Non-state actors continue to act
independently and challenge the state. In this, the democratic
government says that other actors of the state are helping prop up these
non-state actors. It is a blame game but this is no excuse. The elected
government has itself set aside the rule of law. Many of our leaders,
politicians and civil and military bureaucrats have challenged the rule
of law and gotten away with it. Only the poor and weak get charged or
punished. Rarely do the rich and powerful go to jail in Pakistan. Our
elected representatives head tribal jirgas where an alternative justice
system exists. This jirga system in many places has now been taken over
by the Taliban. The judiciary is ignored. More important, the civilian
government does not have the strength or will to have decisions
implemented.
On the same note, the more important question is whether we are
promoting the Constitution. One cannot deny that the tussle between the
judiciary and the executive has weakened democracy in Pakistan. It goes
to the credit of the government that it has bowed before the judiciary.
Here, the government may be credited for upholding the Constitution. In
many ways, this tussle in Pakistan will help settle larger issues for
the country.
The second question — whether we are strengthening or weakening
institutions — is something that is closer to Gen Kayani’s heart. Some
analysts say that bringing the retired generals and scandals involving
army officers to the courts will weaken the standing of armed forces in
the eyes of the people. The media has also played a role in highlighting
issues. They have hounded generals in question — with one former army
chief attacking a camera man and interviewer and another former
intelligence chief using abusive language on camera. This has hurt
officers who see their superiors being ridiculed. But these things will
settle.
In this, possibly, the answer is our institutions are strengthening.
All pillars of state are performing their responsibilities with
comparative independence and lesser interference. The judiciary is
independent. The legislature, with all its faults, is somewhat relevant.
And the executive does not look over its shoulder all the time. To add
to this, the media is free. At least for the most part. As things stand,
one can assume that with the tussles between the various pillars, each
one will emerge stronger — and not weaker as some assume. Even the armed
forces will come out of this exercise with a better sense of what is
expected of them. Our only worry now is that this process should not be
interrupted. We will emerge stronger from this in the coming days.