Azadi-march: Maulana should agitate against legislative & judiciary. By Hem Raj Jain
02 Nov 2019
Maulana Fazal-ur-Rehman of JUI-F along with other opposition parties [including PML (N) & PPP] on November, 1 conducted a large ‘Julsa’ (public meeting) as part of Azadi-march (which started from Karachi on October, 27) at Islamabad mainly for demanding resignation of Imran-government and fresh elections. Mentioning the civil problems (related to economy) is not a legitimate reason for demanding resignation of Imran-government or of any government in any democracy because these can be addressed by choosing a new government during next election and incumbent government should be allowed time (from election to election) for improving the economy.
However demanding resignation of Imran-government on martial matter (of failure of Kashmir policy) and fresh election (due to absence of legitimacy of entire 2018 election process) are legitimate demands. But Maulana, the leader of Azadi-march, unnecessarily raised an avoidable controversy by saying that the public at ‘Dharna’ (sit-in) have every right to arrest PM Imran if he does not resign after the expiry of the ultimatum period of two days (as reported at https://www.youtube.com/watch?v=vSTQ-OtFdn8 ). However Maulana was right in asking the institutions of the State to remain impartial and should not come in the way of ousting illegitimate & incompetent (as miserably failed to solve martial issue of Kashmir) Imran-government.
But Maulana mainly referred to the executive organ of the State (bureaucracy and security forces) to remain impartial and forgot about legislative & judiciary which are main cause of the entire illegitimate process of 2018 elections as explained below:-
(i)- Before 2018 election incumbent Prime Minister Nawaz Sharif was illegally removed from office and was illegally not allowed to contest 2018 election by what is termed by national and international media as ‘judicial coup’ [which brazenly violated the political rights of Nawaz his Party PML (N) and its other candidates and the people who were denied the legitimate political choice] as reported also at https://www.geo.tv/latest/156544-musharrafs-former-minister-says-nawaz-sharifs-disqualification-weak-lacks-judicial-grounds and https://www.dawn.com/news/1357595 and https://www.geo.tv/latest/151531-legal-heavyweights-weigh-in-on-scs-decision-on-panama-case and https://www.washingtonpost.com/news/global-opinions/wp/2017/07/30/why-sharifs-ouster-is-dangerous-for-pakistan/
(ii)- The said media coverage says that this judicial coup was carried out by Supreme Court of Pakistan (SCP) by violating every principle and tenets of jurisprudence where (A)- Nawaz was denied the benefit of a legal trial (B)- SCP accepted findings of an investigative panel, on which two of the six members were from the same military establishment (which deposed him from Premiership in 1999) that wanted his exit, ( C)- Had this been about corruption, there would have been a trial, not direct intervention by the Supreme Court, which should only be the court of final appeal in criminal matters (D)- PCB handed down a lasting disqualification against Nawaz bypassing a fair trial without giving him the benefit of an appeal (E)- An entire mechanism exists under ROPA that also allows for an appeal, but SCP went straight to Article 62(1)(f) of the Constitution (F)- Nawaz was disqualified for LIFE though there is no explicit legal provision to do so.
(iii)- Legislative is also responsible for this illegitimate election process of 2018 because they did not remove such bad laws and their anomalies on statute which made this judicial coup possible.
(iv)- Governments, politicians and executives always prefer to inflict injustice on the people through judiciary (because it is mostly unopposed due to cowardly fear of ‘contempt of court’ proceeding) as is happening in case of Kashmir where human rights are being denied since August 5, 2019 as mentioned at https://www.pakistanchristianpost.com/opinion-details/3453 . Kashmiris are not getting justice because they are not approaching SCI with proper writ petitions or agitating but Maulana can get justice for the people of Pakistan, if Azadi-march and members and followers of political parties participating in Azadi-march boldly agitate against SCP all across Pakistan.
Therefore in order to achieve the stated objectives of this Azadi-march Maulana should demand the following:-
(1)- Through writ petition demand from SCP the dissolution of all National and State Assemblies which are the result of said illegitimate 2018 elections and preferably a ‘National Government’ should be formed till next election.
(2)- Demand from SCP to (i)- Review the judgments in all the cases related to Panama Papers against Nawaz and others (ii)- Any sub-judice case should be first sent to trial court (iii)- Ensure that that all these victims are given bail and right to contest election and to hold party positions during trial and all the appeals in High Court & SCP.
[Maulana and all the participants in Dharna at Islamabad and the supporters & followers of all the political parties at Dharna (who will agitate against SCP at District and State headquarters) should be prepared to face minor imprisonment if SCP decides to initiate ‘Contempt of Court’ proceedings against them for this agitation against SCP. If needed Nawaz and PML (N) etc may file fresh review and other writ petitions in SCP for this purpose].
(3)- Take written undertaking from all the allied political parties that they will include in their election manifesto that in legislatures they will move appropriate amendments in Constitution & Laws which will make such judicial coups impossible in future and remove bad laws such as lifelong disqualification.
(4)- Pak Military (Security-forces) should be ordered by Government to not obstruct at LoC the over million non-violent peace-march (in presence of International media) of the un-armed people of Pakistan side of J&K (AJK + Gilgit-Baltistan, some of them are already at LoC)) to Srinagar where they will offer arrest before Indian authorities demanding immediate restoration of human rights of Kashmiris (and not for Kashmir solution) which are being denied to them since August 5, 2019 (this will automatically & effectively precipitate the issue of plebiscite in united-J&K as mandated by ‘Instrument of Accessions’ and UN Resolution 1948)