With Army’s backing, the Shehbaz government puts more shackles on Imran Khan
Ironically, the two parties, supposedly devoted to Parliamentary supremacy in a democratic Pakistan, have done more to strengthen the Army’s stranglehold on Pakistan’s politics than any other groups.
By Sant Kumar Sharma
“History will hold all of us responsible for circumventing the parliamentary and democratic process,” a former Senator of the Pakistan People’s Party (PPP) said on November 5 on his social media accounts (X and Instagram). “Yesterday was a dark day in the history of parliament when important legislation was passed by suspension of rules by the government,” he opined. “Such acts are driven by fear”, he added.
His social media accounts describe him as “A Proud Pakistani. Ex-Federal Minister. Minister of State for Law & Justice, and Leader of the House and Opposition in the Senate’’. He was unforgiving in ripping apart the legislation that Prime Minister Shehbaz Sharif rushed through, in the National Assembly and the Senate, the two Houses of Pakistani Parliament. His party, the PPP is part of the present government to which it extends outside support.
Rushing legislation driven by fear? As per Rabbani. Fear of what? Of whom? What he left unsaid and unnamed is clear to the whole of Pakistan and to Pakistan-watchers all over the world. He was referring indirectly to the twin fears of former Prime Minister Imran Khan and of the higher judiciary. What the PTI failed to say in as many words to the government has been said by one of the seniormost respected PPP leaders. There is also fear of the higher judiciary which could have provided some relief to Imran.
Barely a couple of years ago, former PM (not once or twice, but thrice) Nawaz Sharif used to say: ‘Vote ko izzat do’. This was his indirect dig at the Pakistani Army which has been manipulating civil politicians. Incidentally, it is a stark reality that the Pakistan Army is the final arbiter deciding which politicians can, or cannot rule the country. Nawaz’s younger brother Shehbaz, Prime Minister for the second time, has buried that slogan in the legislation that gave a virtually 10-year long term to the Pakistan Army chief.
The Sharif brothers, who between them, have been Premiers of Pakistan five times, did more to end Parliamentary supremacy than anybody else.
What a travesty it is for the so-called democratic parties of Pakistan, the Pakistan Muslim League-Nawaz and the PPP of Bilawal Bhutto Zardari. The top leaders of these two parties have been harassed, targeted, harassed, and jailed by the Army authorities. PPP’s founder Zulfikar Ali Bhutto and his daughter lost their lives due to the animosity of the leading generals of their times against them. Zulfikar fell victim to the judicial machinations of General Zia ul Haque and Benazir was shot dead during General Pervez Musharraf’s stewardship of the nation.
Ironically, the two parties, supposedly devoted to Parliamentary supremacy in a democratic Pakistan, have done more to strengthen the Army’s stranglehold on Pakistan’s politics than any other groups. Why? Apparently, an incarcerated Imran Khan is a bugbear, no less than an apparition which terrifies them. The PML-N and PPP the prospect of Imran making a comeback which can only be at their expense.
The new law relating to the tenure of the three service chiefs says that they will have a tenure of five years each from the date of their takeover. Since General Asim Munir became Chief of Army Staff (COAS) on November 29, 2022, he will adorn the post till November 28, 2027. Before the November 4 law was passed, General Munir would have retired on November 28, 2025.
Technically, the new law, which increased the tenure from three years to five years, also grants the government the power to give him an extension. That means that in the event of General Munir getting it, like his predecessor General Qamar Javed Bajwa, he will be heading the Pakistan Army till November 28, 2032.
Incidentally, a 10-year-old tenure for General Munir seems to be a distinct possibility, and it can be granted by a government which is in power for only five years!
Apart from the Army, the Shehbaz government was also much worried about the higher courts, be it the high courts or the Supreme Court. That concern too has been taken care of by raising the number of judges of the Supreme Court from 17 to 34 and of those at the Islamabad High Court from nine to 12. Shahbaz’s government can now easily pack the higher judiciary with enough of its men, and women, to enjoy a smooth sailing.
The passage of the 26th constitutional amendment preventing Justice Mansoor Ali Shah from becoming the Chief Justice of Pakistan (CJP) on 20 November of this year was a major coup for the government. This law allowed the government to supersede Justice Shah and Justice Munib Akhtar by appointing Justice Yahya Afridi, third in seniority, as CJP. For obvious reasons, the newly minted CJP Afridi can be expected to soft-pedal all litigations inconvenient to the government. He has already given enough hints about his future rulings by going with the government on most issues.
During the National Assembly elections held in February this year, there were widespread reports of rigging, intended to favour PML-N and target Imran’s PTI whose `Bat’ symbol was snatched away in the run-up to these elections. Despite the Army-managed rampant rigging, the PML-N could not get a majority on its own and Nawaz Sharif, who hoped to become PM for the fourth time, had to step back.
The PTI sympathisers and supporters filed several election petitions in different high courts and the Supreme Court alleging rigging. They were hoping that Justice Shah would hear these petitions after he rose to the top post upon the retirement of CJP Qazi Faez Isa. The government has upset their calculations and will now avoid a hearing of these matters by judges who might be leaning towards Imran.
The government has also managed to make constitutional courts a reality, allegedly to effect judicial reforms but these courts are only a set-up to get difficult cases out of the way and cause convenient delays!
Once upon a time, the PML-N and the PPP both talked of laying down a Charter of Democracy, the cornerstone of which was civilian supremacy. That has proved to be a pipe dream and to a large extent, the government has succeeded in taming the judiciary. The purported efforts to tame the Army may be as futile a wish as attempts to ride a wild tiger.
(The article has been previously published in Chintan Foundation India).
