The curious canter around the main culprit

While the posture of the judiciary has been positively aggressive, one cannot but be amused by the reaction of the startled players of the drama.

For the first time in Pakistan's history, the judiciary is holding to account actions of those who wrecked havoc with the constitution and believed they could get away with it. One unconstitutional act after another was undertaken without any questions. Now those actions are not only under scrutiny, but openly ridiculed and criticized by the judges. The intention is clear. Their words are clear.

What is not clear is how other institutions, namely the parliament will react. Because what the judges are saying when rejecting unconstitutional actions of the past is that the constitution is supreme. The logical question then becomes, what should be done to those who negate the constitution? This question cannot be avoided. Because the constitution is only supreme as long as everyone is made to respect it. And respect will only occur when those who openly disrespected it are brought to account.

Under Pakistan's constitution, only the sitting government can file a case of treason against a person who has negated the law of the land. But will the PPP led government do the deed of filing a case against Musharaf? Will the Pakistan Army allow their former General to be paraded as around as a man who defiled the constitution and who has admited to doing so in his book and speeches? Will the Army allow their leader to be prosecuted and punished under Article 6 that demands a death penalty for those who abrogate the constitution as Musharaf accepted he did?

It is not just the PPP who is hesitant. All Pakistani politicians, while claiming they want to see Musharaf tried, are afraid of how the Army will react. While the judges of the judiciary stood up to the might of the Pakistan Army and refused to be bowed by it, the politicians have not gone through the same struggles. They are still living in fear of the Army's reaction. Thus no one wants to 'clap' with what the judges are about to do.

However, the judiciary cannot fight the battle to ensure the constitution remain supreme alone. The parliament must step forward to complete the process.

So far, the politicians are merely running in circles agreeing that there should be accountability, but unwilling to be the first to openly declare the trial of the former general. Which is again amusing, in that targeting Musharaf sells well to the public and is a 'winning' political issue. But the lingering fear of the Army's reaction brings out the coward in the politicians who are happier leaving the judges to clean the stables. Because after all, Musharaf was not the only culprit in abrogating the Constitution. He literally had an army following him. And with that connection, Pakistan could potentially enter the next phase, delayed for far too long, of its evolution.

Complaints of lack of consumerism

The Economist is a magazine I look forward to reading when the new print edition becomes available every Friday. I am sure those writing for it are quite adept at understanding the global economic situation. But when I hear them moaning about lack of 'consumption' which is preventing a full turn around in the recession-hit economy, I fail to be inspired by the logic. Perhaps it's the catch-22 situation whereby the current economic crisis in many ways resulted from the lack of regulations on people who spent more than they could possibly pay back but to come out of the depression-like situation, the world needs people to spend more.

Naturally an increase in production will be tied directly to consumer confidence and while it isn't necessarily a 'chicken or egg' situation, perhaps encouraging consumption isn't the best way to break this cycle.

One would be better served to stick to the invisible hand theory presented by Adam Smith. The inefficiencies in the economic sector - be it producers or service providers will be brutally pushed out and force the markets to find a way to both generate production as well as demand. Necessities will determine new solutions. Which makes one wonder if the economic stimulus packages that were churned out in China, USA and Europe were in consonance with market forces or if they were merely an attempt to cover-up the glaring holes that required better regulations. Time will tell.

Should PTI target Local Bodies Members?

After the unforgivable blunders committed on the Swat issue whereby the party leadership was happily arguing in favor of PCO II - i.e. "Nizam-e-Adl" which also came via the barrel of the gun - Pakistan Tehreek-e-Insaf (PTI) and Chairman Khan have an opportunity to redeem themselves and fill the vacuum intentionally and rather criminally created by the two mainstream parties, the PPP and PML-N.

PTI has done substantial work in trying to build grassroots support in the dozen or so major districts of Pakistan. However, there are over 124 districts in the country. Reaching them with the current resource constraints and pace will take several years. Rather than wasting time calling for national mid-term elections when the party has not even had any of its internal party elections much less presence in most of the districts of Pakistan, innovative ways to reach the grassroots should be entertained and applied.

One such way, found discussed in drawing rooms at least, is to team up with the members of the local bodies - many of whom are associated with the PML-Q. These local bodies members have over 8 years of experience at the grassroot levels. They have dealt with the daily problems of their constituents and were compelled to at least give attention to them if not offer solutions. They now find themselves ostracized by the new government. But this doesn't mean these 'grassroot politicians' will simply disappear. PTI could integrate them into its fold. This would give PTI immediate access to nearly all the districts of the country. Plus, the 'administrative' web the PPP and the PML-N want to weave will result in failure as no civil servant running the districts would be willing to spend even 1/100th the time listening to the farmers and laborers that a local councillor had to give his attention to. The hara-kiri that the PPP and PML-N want to commit offers PTI a chance to embrace the members of the local bodies into the party and enter into a win-win alliance. The 'administrators' will naturally fail and the local bodies members, despite being 'tarnished' by Musharaf, would easily be seen as both accessible and preferable than the 'babus' (bureaucrats).

The Pakistan media and the people at large have tasted the benefits of the local bodies system. The media has unanimously supported the local bodies. Everyone I have spoken to in my UC and friends from other districts support the local bodies system as it gives them direct access to their representatives who don't sit in Lahore or Islamabad, but are right next door.

Chairman Khan has often said that the role of MPA's and MNA's in a parliamentary system is not to build toilets or build roads (when Ayaz Amir became an MPA in 1997, he wrote he was allocated 150 commodes to distribute to his constituents). MPA's and MNA's are part of the legislative branch and should have very little to do with development funds. Too much power into the hands of MPA's and MNA's is creating grounds for corruption. Absolute power corrupts absolutely. While there are no statistics to show that local bodies are 'less corrupt', it is rather difficult to make grandscale kickbacks at the union council level with 2 lacs budget allocations than you can with 2 crores at the provincial levels.

PTI has done the right thing by calling for local bodies elections and should take it up with the same motivation it took up the movement to restore the judiciary. The party would be supporting a proven system - despite some of its flaws which could be improved - that in letter and spirit was a force of decentralization and handed power to the towns, alleys and mohallahs of the nation.

In any case, this blog is meant to guage whether PTI should invite and entice all the local bodies members into the party fold. They are tried and tested politicians who could give the party direct access across the districts of Pakistan in one fell swoop. On the other hand they are former allies of Musharaf. It's a dilemma but one worth entertaining.

[published as blog on www.insaf.pk]

Music to the ears

"ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry said no example of imposing martial law against the judiciary is available anywhere in the world’s history and even in a country like England, General Cromwell had been given exemplary punishment after death."

Baby #1 (aka Zohayb)

Dairy Farm Management Workshop

Time ripe for conspiracy

If the 'establishment' was plotting to bring down this government, now or the next three months would be the opportune time.

Massive power cuts. Factories that find it hard to finish one out of their three potential shifts. High petroleum prices. Elimination of subsidies as condition for acquiring loans. The list is rather continuous.

Because after that, many of the 'worst' things this government inherited would be overcome. Power crisis may be controlled by then. The local bodies elections with the President at the top of the pile could be conducted (perhaps alienating and possibly eroding PML-N's base). The Benazir murder probe may conclude some findings - likely to be un-liked by many. The economy may begin to take a turn for the better. The Swat crisis may have been successfully managed. In short, the 'window of opportunity' that Pakistan's manipulative and underhanded establishment so gleefully seeks would be lost.

And most of all, if the great Chief Justice Iftikhar Muhammad Chaudhary sets a precedent as he is clearly indicating he will do, the establishment knows their days will be numbered. Politicians come and go - but the 'establishment' may not get any more chances. Now is when the progeny of colonial rule would likely strike.

An important corporate contribution

Coke Studio's collaborated and put together live recordings of modern and classical musicians from Pakistan and the result is incredible. The songs (audio and video files) are available for download (legal) and thus far three episodes have been aired / released. Two more to come soon.

As a token of my appreciation, I will be switching from Pepsi until it outdoes this coup by Coke.

Episode 1
Episode 2
Episode 3

What I like best is how the 'singing' ability of the new breed of modern singers has improved tremendously. Those who got away without considering the 'sur taal' in the past like Ali Azmat can no longer afford to be embarrassed by the young guns like Ali Noor/Hamza or Ali Zafar or even Atif who have strong command over musical notes.

That said, Javed Bashir, who sings with the Meekal Hasan Band, has incredible control. His rendition of NFK's 'Aj Latha Naeenyoan' was a masterpiece. And considering he does not come from the traditional gharanas like the brilliant Shafqat Amanat Ali or Sajjad Ali, Javad's talent and grasp is all the more startling. It leaves no excuse for anyone who sings, to forgo learning the way to sing properly.

Of course, I personally suck at singing.

A success for Big Brother

Ansar Abbasi has helped in solving what is termed a 'cyber crime'.

It is surprising that a journalist would assist in helping to curb freedom of thought and celebrate it. This is likely the first major case of online information being scanned for 'anti-state' activities and will become a precedent for many more to come.

A sad day for journalism. Hopefully this precedent of intruding in on what people write or think will not last long.

A rock and a hard place

The struggles for the judiciary and an independent media launched during Musharaf's dictatorial rule are beginning to pay some dividends. There is a considerable distance to go before institutional independence takes root, but it is no longer business as usual in many respects.

The judiciary has begun to challenge the powers of the executive - something that was unseen since the initial days of Pakistan. Though the role of the judiciary is to interpret laws, the fact that this judiciary was willing to challenge a dictator's interpretation of laws shows the muscle it has formed. It no longer requires a stretch in imagination or strength to take on the 'civilian' government that attempts to shape power according to its whims. Though the President may get away with ordinances, circumventing the parliament for now, in the long run, relying on ordinances will eventually destroy the Presidency - and rightly so.

Public opinion will start to hold its representatives accountable. And this opinion is not just pushed by the reality that there is an institution willing to administer justice now, but is pushed on by a media that has muscle.

Currently PML-N has had to face the the worst with it's Rawalpindi MNA Haji Pervaiz resigning after caught cheating on an exam. Now another PML-N member, Shumaila Rana, was caught going on a spending spree with a stolen credit card. Pictures and CCTV camera footage provided undeniable proof of their actions condemning them beyond, seemingly, any reasonable doubt.

Ms. Rana's video footage shows her selecting some fine jewellry from Siddiq Trade Center happily using the stolen cards to make her payments.

Our politicians are known for bigger crimes like extortion, land grabbing and insider tradings. Cheating on an exam, stealing credit cards...these crimes may 'pale' in comparison to the grand larcony done by the big shots. However, the threat of facing an independent judiciary which is less likely to be bought and the general public has radically altered how our politicians and rulers conduct themselves.

Over the next weeks and months, our politicians will likely find themselves between a rock and a hard place. Thought the PML-N has come in the firing line recently, all other political parties better clean their stables or maintain some degree of discretion. Nawaz Sharif's party may have a lot of muck, but by accepting (even if forced to) defeat, the party has set a benchmark which the rest must follow when it comes to allegations against their members.

No Fake Receipts!

"We apologize for being unable to issue receipts in excess of actual amounts."

The unhappy ordinance with a happy end

After preventing the government from slapping the 'carbon tax', the judiciary seems to be willing to face an executive on the 'routine' matters of business.

While auguring well, it sets the stage for a showdown between the two branches of government. In response, the government has issued a Presidential Ordinance in the form of a "Petroleum Development Levy" which attempts to collect the 122 billion rupees the initially proposed "Carbon Tax" was meant to do.

Naturally all these are good signs for developing institutions of Pakistan.

While I should have filled my car tank yesterday when the prices of petrol had been cut by 10 rupees due to the court order, I missed the window of opportunity as within 24 hours, the prices are back to what they were due to the use of an ordinance.

Personal anguish aside, the fact that the Parliament has once again been side-stepped, reflects the tension and conflict that is rising in the pillars that hold this state together. Whereas the earlier order by the court clipped the 'irrational' exercise of decision by the parliament, the Presidential ordinance enters to side-step both the activist courts as well as the irresolute parliament.

Despite the 'powers' seemingly enjoyed by the President, one cannot help but note that by unwittingly utilizing the tool of the ordinance, Zardari has forced the people to start looking at his powers with a microscope. The lawyers are already threatening to hold daily 'dharna' in Lahore and elsewhere until the ordinance is repealed. The civil society, which was already burdened with taxes, and saw the court a harbinger of good news, will join. The media will highlight the conflict on the street to the very end. Analysts and various stakeholders will have a shootout.

In the end, the powers of the President will be permanently clipped with the Parliament reemerging as the central force of the executive and the judiciary emerging as the arbitrar of justice. Or so I would like it to be scripted...

Electrified Judiciary

In a repeated series of activist undertakings, the supreme court, lead by CJ Iftikhar Muhammad Chaudhary continues to become a stumbling block in the face of government's financial wizards.

The government had attempted to increase power tariffs once again. However, the court has prevented the government from doing so. While it is clearly a sign of judicial activist, that we all feel happily surprised is because we have never known the judiciary so willing to step in and actually do something about a government bent on applying fixes in the form of excessive tax increases.

The electricity crisis has brought the most difficult summer and with the complete shutdown of the Mangla Dam power units, resulted in the lowest point of this government. To then see its ministers apply 'solutions' in the form of even more taxes is not only ridiculous, it smacks of stupidity. If this electricity crisis was entirely the result of Musharaf's incompetence, the current management decisions reflect a desire to outdo that incompetence.