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March To Legalize Authoritarianism, Derailed in Pakistan.

 Javed Rana drills down  factors on how top court’s ruling would cast a dark shadow on military’s decisive informal engagements in power politics.

JAVED RANA


A slow but steady march to constitutionalize and legalize hitherto an informal authoritarian political order allegedly being run by country’s powerful military and its secret services through its ruling political allies and civil administration, seems to have derailed in Pakistan. Courtesy to country’s top court------- which came up with a landmark ruling putting a full stop, to a proposed behind-the-scene game plan to provide constitutional and legal cover to an industrial scale of human rights abuses against citizens, frequent attacks on their privacy, independence of judiciary, freedom of media and political activism by defiant Opposition political forces.

Though not immediately, but surely in months to come, the Supreme Court's ruling is likely to change power dynamics in favour of mainstream popular Opposition party of jailed leader Imran Khan. And it could  happen at the expanse of ruling political alliance cobbled together allegedly by military to keep its hold on power politics through what the Opposition parties blame the worst ever “fraudulent” and rigged general elections held early this year.

The 8 out of 13 member panel of judges have come up with a landmark verdict to hand back 78 reserved  seats to the Opposition in the Parliament after the court found that Election Commission illegally and unconstitutionally awarded the reserved seats to other political groups mainly the ruling alliance in the federal and provincial parliaments.

 Contextualizing the Rundown of Unprecedented Happenings.

The Pakistan’s powerful military and secret services have been at the heart of allegations to have exercised their decisive informal clout on country’s Election Commission and civil administration who in a coordinated operation “fraudulently produced fabricated  and tempered elections results in favour of ruling alliance headed by sitting Prime Minister Shahbaz Sharif in February 8’s general elections. Pakistan Tehreek Insaf (PTI) of Imran Khan claims to have won nearly 180 seats out of 262 directly contested constituencies in the national Parliament. The PTI has come up with plausible evidence revealing that the ruling party of the current Prime Minister had hardly won less than 20 seats and so were the case with other blue eyed parties of the military  while rest of the seats were secured by Khan’s party as per the original elections results from most of the polling stations across the country.  At many polling stations, the miliary soldiers and agents of secret services were filmed disrupting and throwing out Opposition candidates and  their representatives from district election offices where the counting process was underway. Notwithstanding, the PTI turned out to be the largest party in the National Assembly with nearly 90 seats and it also managed to form regional government in bordering province with Afghanistan, in defiance of powerful military--- something unprecedented in the history of Pakistan.

The PTI candidates contested elections as independents after the Election Commission deprived them to use party symbol following a controversial ruling by three judges of the top court in mid January this year. The large number of PTI candidates were blackmailed, tortured and manhandled and were physically prevented to contest elections until they either deserted Khan’s party or joined the ruling alliance before and after the general elections.

Directly connected to the latest verdict of Supreme Court, is controversial decision of the Election Commission which deprived the PTI to have its share in reserved seats for women and minorities on the basis of popular votes it had obtained in general elections. On July 12  the top court set aside the Commission's decision and announced to hand these seats back to Khan’s party.

The polls preceded large scale arrests and tortures of PTI supporters and their leaders allegedly by military run secret services who have been tainted with accusations to have used every conceivable dirty trick to curtail the popularity of Imran Khan.

Khan politically cashed-in over his unceremonious ouster from power blaming the military Generals to have hobnobbed with the US in dislodging  his government in early 2022. The Generals were unhappy with the then Prime Minister Imran Khan after he publicly refused to the US request to again set up miliary bases in Pakistan to carry out attacks in neighbouring Afghanistan and purse American agenda on Ukraine war in addition to normalizing ties with the apartheid Israel.

Immediate Impact of Court Ruling on Political Landscape


There is no immediate threat to the fall of the sitting government after the ruling.  However, it looms large now.  Surely the verdict has led to loosen the grip of ruling alliance and military on power through existing controversial arrangements which lack public mandate and the moral legitimacy.

Until days before the court ruling, the military and the political government were readying to alter country’s fundamental constitutional structure to further tighten their grip on power. The senior judges including those who handed down recent historical judgement, were offered three years extension in their tenure in return of again an adverse verdict against the PTI. Had it been delivered,  it could have clearly facilitated the ruling alliance to bring controversial constitutional amendments with two third majority in the two Houses of the Federal  Parliament. The very motive  was to rein-in independent High Court judges who have been setting aside controversial convictions  and providing other similar legal relief to jailed leader Imran Khan on what appears to be politically motivated charges ranging from corruption, terrorism to his private life in nearly 200 similar cases aimed at keeping him in detention at every cost.

The  judges have formally complained that their loved ones were kidnapped, tortured and privacy of their family life was secretly filmed allegedly by the military run secret services to compel them to hand down adverse ruling against the most popular leader Imran Khan and his other party leaders. One of the trial court judge was tortured, his home was hit with bullets in a desperate effort to pressurizing him into delivering an adverse verdict against the PTI leaders and supporters who were alleged to have attacked military installations in reaction to Khan’s  arrest in a disgraceful manner by the men in military uniform in mid 2023.

Now after Friday’s court verdict , the ruling alliance would not have sufficient number of seats in the Parliament to change the existing legal and constitutional guarantees which ensure the independence of judiciary, the freedom of expression and freedom of association for political parties, something which have been aggressively abused  time and again allegedly by secret services who virtually enjoy impunity without a legal cover.

Likely Scenario in Months to Come


The top court ruling has given a new lease of life to the judges of superior courts and those in Lower Judiciary. Now they would be more encouraged to provide legal relief to jailed leader Imran Khan and take up petitions over early this year’s alleged electoral fraud which brought an alliance of unpopular political parties in power. The pressure tactics thus far used against senior judges of the High Court to prevent them to freely proceed to investigate and hand down judgements on rigged elections, have bounced back notwithstanding the controversial legislation with retrospective effects to arbitrarily  change the panels of defiant judges hearing petitions challenging the industrial scale of rigging in the polls.

 Now after the court ruling, they would be more encouraged to independently proceed with these cases. However,  for the military and government the bigger setback would be when the current Chief Justice of Pakistan Justice Qazi Faiz Essa would retire in October this year. Justice Essa has been at the center  of allegations to have pursued the military’s political agenda to politically corner the PTI and its top leader through his controversial judgements. The court ruling deprived him  to avail potential three years  extension. The next Chief Justice of Pakistan Justice Mansoor Ali Shah may directly take up PTI’s petitions on rigged elections which if happened, would surely send the government packing within weeks. Most of the winning candidates of the ruling alliance do not have any original documents which entail poll results from the polling stations unlike the PTI’s candidates who were made to lose  even in cases they were winning with margin of more than 100,000 votes. That is not all. The PTI would be now far more assertive in and outside the Parliament. It could potentially launch a  street agitation to support judges hearing electoral cases and pressurize the military to release Imran Khan from Jail. The last but not the least is the the foreseeable electoral victory of US Presidential candidate Donald Trump with whom Imran Khan enjoys personal relations. It means the military Generals could come under more pressure  from Washington to set Khan free and let the courts decide cases on rigged election without pressure on judges.

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