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.

Iranian Revolution and Neda

Whatever the outcome, the ruling hierarchy of Iran stands exposed and shattered. The aura of purity, integrity, discipline and sanctity stand obliterated with every passing day the protesters in Iran defy authority.

We don't know who Neda Soltan was but like the many young who have stood in the face of authoritarian high handedness, her spirit was not unknown. I only heard her name today and was stunned by the video of her death.

There are already a series of videos commemorating and will keep the spirit of defiance alive until the ayatollahs buckle.

Video 1
Video 2

The Ayatollahs of Iran have taken pages off of Shah's book. The rule of 'vilayat-e-fiqh' is as unnatural and as undemocratic as rule of a one-man dictatorship. As former Iranian President Khatami once said: "If you read the pages of history, anything that has stood in the way of freedom has been damaged. If religion stands in the way of freedom, it will be damaged. "

The clerics may win this battle, but they have already lost the war.

An assertive judiciary

Amongst some of the other instances highlighted whereby the judiciary is seen to be taking on vested and criminal interests, another story in The News reveals the extent to which the 're-throned' judges are itching to go. It was not long ago that the judiciary was seen as an instrument of oppression, a decadent institution that functioned to deny justice.

So it is important perhaps, to magnify any incident in which we can see the judges taking on the interests of the status quo forces. Having 'non-bailable arrest warrants' issued for 30 policemen including the low-ranking officers is not a regular story. Nor is it usual to see the judges commanding the SSP Police to arrest EDO's, DDO's or Deputy Directors.

The judiciary is finally flexing its muscle. And we ain't seen nothing yet!

Alternative views on Iqbal

From time to time, this blog will attempt to critique Allama Iqbal, considered to being Pakistan's national poet and its leading 'intellectual'. Whereas all great philosophers and thinkers have numerous critics who critique, find flaws and reevaluate their philosophies, testing to see if they stand the test of time and expansion of knowledge, Allama Iqbal has no critics.

On numerous occasions I inquired from the Iqbal Academy (located on 6th floor of Aiwan-e-Iqbal, Lahore) to assist me on a book critiquing Iqbal's philosophy or poetry. However, the only book on 'criticisms of Iqbal' in their computerized database was 'Allama Iqbal's criticism of western philosophy'.

While Iqbal may have 'implored' Muslims of the subcontinent to 'think and contemplate', practically he has proven to be an extremely stagnant force in both the intellectual and philosophical realm. The reasons exist in the ideas expounded in his book, 'Reconstruction of religious thought in Islam', a series of seven lectures.

The only person who has attempted to 'critique' Iqbal without inviting accusations of 'unpatriotism' and such forth is Javed Iqbal, the poet's son. A open, broader discussion on Iqbal's philosophy, its limitations, potential and ramifications is needed.

Pakistanis will eventually come to understand that there is more to philosophy and intellect than Iqbal.

As Iqbal would say, 'sitaroan say aagay jehaan aur bhi hain..." [there are world's that exist beyond our imaginations...]

Cases for hope

Examples of cases where the judiciary has begun to do its job and ensuring justice is done.

In the poultry feed case, it has summoned the Federal Bureau of Revenue Chairman Ahmed Waqar on July 19 as per report (Dailytimes). The government's claim that the feed was composed of elements as declared was rejected and a more 'authentic' laboratory test was required. Latif Khosa, the Attorney General was (once again) snubbed.

In a case favoring the laborers, the court has ordered that daily laborers of CAA be regularized.

These cases come in the backdrop of the national judicial policy.

More such cases of the courts stepping in to enforce the law will be highlighted.