Why Restoring the Deposed Judges is Priority #1 for Pakistan

The most important issue facing the country today is the restoration of the judges.

The ‘Judicial Crisis’ before Musharraf’s November ‘07 emergency was manufactured by the Pakistan Army/US in order to get Musharraf (who had fallen out of favor with the people and with the Americans) out of his uniform, staying in which he would have damaged the military and hence US interests in the region.

This manipulation produced the unintended consequence of the lawyers’ movement. It is a movement that does not see eye to eye with the judges. Therefore when the judges termed the objection against Musharraf’s presidential election "unmanageable" allowing him to go ahead with what was illegal, the lawyers took to the streets to protest this same court with the same judges they now support.

The restoration of these judges who were removed unconstitutionally by Musharraf sets a very bad precedent for military rule (and therefore it is being opposed by the president, by the military and by the Americans), more so than any alliance that the PPP or PML-N can come up with, which thus far has been a molding of them into the PML-Q image, to legitimize the recent elections, that produced the results we saw in order to salvage military rule in this country.

If this country has to change towards a democratic future then the judges must be restored immediately, the restored court will be beholden more to the people and the lawyers movement than to the military if such a precedent is set. Therefore there is no issue facing the country at this moment that is more important than this single issue, otherwise the status quo will ensure the repeat of what happened in the past and these new civilian leaders will return to their old ways under military over lordship.

The problems of the people that have continued in the past though military dictatorships and the ‘stop-gap’ civilian rule under military over lordship will continue as in the past. The only difference is that time has almost run out to keep with the same forumula.

If PPP prevents the restoration of the judges, the PML-N should resign wholesale from the cabinet and the parliament and join the lawyers movement and other assorted boycotters to challenge the farcial elections of February ’08 and to restore the constitution which de-facto is still in abeyance, and will be until and unless the judges are restored and the person sitting in the presidential chair is removed for illegally occupying it.

Another unintended consequence of the US/Pakistan Army elections of ’08 is the fact that Nawaz Sharif has a personal axe to grind against Musharraf, for the purpose of which he is taking the just and correct stand on the judges- the people and the lawyers should encourage this (personal enmity) and take it to its logical conclusion, a liberation of the presidential office from being a proxy of the Pakistan Army (and its US masters).

That the Pakistan Army/US is resisting the restoration of judges proves that the restoration of the judges would set a really bad precedent for military rule in Pakistan (which the Americans desire because they work primarily through the military institution in our country), and would be a unique step towards damaging army rule; all the more that it must be accomplished as priority # 1- regardless of the personality of the deposed Chief Justice. It is not about the man but about restoration of a structure that would be conducive to democracy.

Otherwise, the new PML-Q in the making (i.e. PPP and PML-N), will both be destroyed as political forces in the country- the people gave them a clear mandate and now these "incorporated to salvage the military" parties will lose their base of support, the military will emerge from these manipulations stronger than ever, and other than the lawyers’ movement the people of Pakistan will have nothing to fall back upon.

That is why the restoration of the judges is priority #1 in order to salvage the nation and save its people from poverty, illiteracy and injustice. If the judiciary is not restored nothing changes, on the other hand, restoring them adds not only legitimacy to the civilian leadership with the people, it fragments the absolute power of the military in political affairs which is unprecedented (therefore it sets a bad precedent for the military) in the history of Pakistani politics (under de-facto military rule even during the so-called ’democratic’ periods), a defeat for the military by the civilian leadership of this country- that is why it is not being allowed.

Eighty one percent of the people of Pakistan want the restoration of the judges, not because they love Chief Justice Ifthikhar Chaudry but because they hate Musharraf and want an end to military rule, direct or via a proxy.

When the PPP agreed to the restoration of the judges and then waffled, it is seen by the people as being in bed with the military and with Musharraf- this does not sit well with the people of Sindh, just as it does not sit well with the people of Punjab. The PML-N if it quits, resigns and takes to the street will develop "street power" because of the changed situation, it will boost the lawyers’ movement and bring to an end this February ‘08 farcial election’s attempt to maintain the status quo. This issue is a make or break issue for current political inroads through the present parliament for the people.

The military will emerge stronger from the whole scenario if the PML-N decides to stay and the judges are not restored, and the PPP will be destroyed as a people’s political party by hobnobbing with the generals and the current president. The status quo and working within the same structure that manipulates and corrupts politicians all for the purpose of strengthening the military and the US in our affairs will not achieve anything. The military has meticulously planned the destruction of the PPP and Zardari is helping them achieve that end.

Elections carried out after military manipulations and a declaration of emergency, not to mention the butchering of the main political party’s leader (Benazir Bhutto), and then dictating to that party whose leadership was usurped by someone (Zardari) who has no real political history in that party whatsoever, who is trying to legitimize these entire manipulations including the emergency, where reconciliation means getting everyone on board with the military and destroying the legitimacy of any and every civilian alternative to it, by wiping out the major political parties’ support-base in this careless manner, will ensure that nothing gets accomplished for the people of this country: Over 84% of whom are living below $2 a day (most below $1 a day), while water, electricity and food shortages are endemic and widespread, national debts have grown enormously, there is runaway inflation, rampant illiteracy, an unmanageable, young population and happenings on the western border with almost daily American meddling that is ensuring a physical break-up of the country.

That is why the stand on the judiciary is issue #1 facing this nation, that first step will go a long way in changing this structure of manipulation, and it will be a major (not a minor) defeat for the military in political affairs. It is priority #1, for this reason alone, regardless of the person of Chief Justice Chaudhry.

It is not about restoring a person but a first step in restoring democracy in this nation, a nation on its death-bed, a first step to get the Pakistan Army/US out of our political affairs, and to rid the country of the side-effects (mentioned above) of such meddling. There is no alternative.