The provincial government has decided to go to Supreme Court against Peshawar High Court’s judgment on the BRT. The court has directed the Federal Investigation Agency to probe the project. The bench, headed by Chief Justice Waqar Ahmad Seth was irked by a number of bloomers: (a) “Visionless” concentration of Asian Development Bank (ADB) loans in just one project without an in-depth feasibility study. (b) Cost increase from Rs49.453 billion in 2017 to Rs66.437 billion in 2018, of which Rs53.320 was take in the form of a loan from the ADB. (c) The “per kilometer cost of the BRT being exorbitantly high Rs2.427 billion. (d) Over-paid non-managerial staff. (e) Provision of expensive vehicles to secretary transport, director general of the Peshawar Development Authority (PDA) and commissioner Peshawar by consulting firm, Calsons and Maqbool, backlisted by the Punjab government, yet taken on board for the BRT in Peshawar. (e) Nexus between Pervez Khattak, the incumbent defense minister, the Director General, PDA, Azam Khan, principal secretary to the prime minister.
Our courts are submerged in plethora of cases with a political tinge. This trend is fatal for democracy. Let us not forget what Justice Muneer said shortly before pronouncing his verdict on Dosso case: ‘when politics enters the portals of Justice, democracy, its cherished inmate, walks out by the backdoor’. It was a court that fixed price of sugar, bottled water and even mobile-phone service. They decided privatization issue and mining rights. Unable to oust prime minister through no-confidence, politicos got the job done by courts.
It is time we refresh French jurist Jean Bodin’s dictum, majesta est summa in civas ac subditoes legibusque salute potestas, that is ‘highest power over citizens and subjects unrestrained by law’(Jo.Bodini Andegavensis, De Republica Libri Sex.BkI, ch.I, p.78 (Lyon and Paris, 1686).. Bodin explained power resides with whosoever has ‘power to coerce’ (praetorians included). It does not reside with electorate, parliament, judiciary or even constitution.
Bodin did not believe in separation of powers. Yet, our Constitution is based on separation of powers. Do we want to follow Bodin and repose all powers in a single authority, maybe judiciary?
Potestas, power in Bodin’s definition signifies auctoritas, authority, a power based upon positive law, de jure not merely de facto as potestas is used itn the Roman Lex de Imperio, or in the famous phrase of the Justinian’s Institutesin reference to it, omne suum, i.e., populi imperium et potestas’. An alternative meaning is auctoritas,authority, potential, a power de facto instead of de jure, actual might rather than lawful authority. The highest de factor power may be different from the one whose claims are the highest de jure [dummy prime ministers and presidents in some countries]. In Bodin’s view there can be but one sovereign, supreme, single and undivided;. If so, the potestas is the highest in actual might_ potentissima; with the highest authority. The sovereign is the person who is obeyed. `But we may obey one armed with the pistol as well as one armed with a warrant” (C. H. McIlwain, Economica,No. 18 (Nov., 1926), pp. 253). What matter is authority not wisdom!
In golden word of our Constitution, `sovereignty’ belongs to Allah, Almighty’ but `authority’, subject to divine supervision is to be exercised by elected representative.
Fortunately, our judiciary is reluctant to become sovereign authority. That’s why it referred army chief’s extension case to legislature. Let us recall observations of Pakistan’s Chief Justice during the course of his opening address for the judicial year 2019-2020.
He `warned of the dangers of an accountability process which seemed to place political expediency above the dictates of law. He felt that unless this trend was checked the process of accountability would lose all credibility’. Then, `he talked about the marginalisation of political parties and the dangers this may entail for a country based on constitutional democracy’. He abhorred `growing censorship of the media and how such practices could become a threat to democracy’. He pointed out that `constitutionally guaranteed rights of citizens must never be sacrificed at the altar of short-term gains’. To move forward, the CJP suggested that `all stakeholders, politicos, judiciary, military, media, civil society, sit together and resolve the problems which, if left unattended, could lead to disaster’.
Unfortunately, the common man is listless to the tug of war between various stakeholders. Aristotle thinks a citizen indifferent to state affairs is like an animal. It is alarming. French thinker, Montesquieu, likewise said in the 18th century `the tyranny of a Prince in an oligarchy is not as dangerous to the public welfare as the apathy of a citizen in a democracy.’ A corrupt government is a gift of an indifferent electorate. Unless citizens slumber, no-one can dare make underhand money in any project.
In the Azam Swati case, our chief justice succinctly remarked that governments come and go but the state and the people remain. Irked by the chief justice’s suo moto notice, the Pakistan Tehrik-e-Insaf government’s information minister said what use was a government that could not suspend an IGP (later retracted or modified).
There is a Latin quip quis custodiet ipsos custodies?, who will guard the guardians? The phrase epitomises Socrates’ search for guardians who can hold power to account. Power corrupts and absolute power tends to corrupt absolutely. On-elected institutions include judiciary, civil service, police, banking institutions, and public sector undertakings.
The malaise of governmental power manifests itself in fake accounts, billions in benami (nameless) or unclaimed accounts, loans without collateral (bad debts), and politically-influenced appointments.
Theoretically, the people hold ‘power’ to account. But the ‘people’ are an amorphous lot without a legal identity like an institution, except as ‘voter’ during elections.
Could a CJP open a tuition centre during evening hours to teach what ‘power’, ‘government’, ‘state’ or ‘people’ are?
Accountability of elites and mafias: William A. Welsh says, `The rise of democracy has signaled the decline of elites’ Leaders and Elites, p.1) But, a bitter lesson of history is that demokratia (power of the people) had always been an ideal. History reminds no system, not even ochlocracy (mobocracy) could ever bulldoze governing elites. Delhi Sultanate, the Moghul, and the Englishman ruled through hand-picked elites. The `equal citizen’ as enshrined in golden words of our constitution remained a myth. Even American democracy is run by a handful of specialised people. The majority of the population is a silent spectator, a `bewildered herd’ (Chomsky).
Because of their influence, many political philosophers, including Plato, Aristotle and Tacitus studied nature of societies and the elites that they popped up. Many modern thinkers like Moska, Michel, Marx, Pareto and C Wright Mill, also tried to make head or tail of the elites.
Demokratia (power of the people) could never equalise citizens. However, all democracies envisioned `opportunities for political participation to larger proportions of the population’, and across-the-board accountability. Democracy is a progressive effort to equalise citizens before law, rather than legalising elites and mafias. The dilly-dallying in passing an across-the-board accountability law is not understood. The law should provide for accountability (under Law of Tort) for negligence or neglect by professionals (judges, lawyers, teachers, media persons, and their ilk).
Granting exemptions to certain elites amounts to converting them into sacrosanct mafias. Let there be a single omnipotent body to try all individuals and elites alike.
A peep through hlidskjalf (telescope): If god Odin peeps through his hlidskjalf to have a panoramic glance at Pakistan’s society (its ordinary and influential people and lackadaisical institutions, at dagger’s drawn), what would he notice? Inertia, incompetence, and siege mentality, all around! What solution for this psychopathology? Change of attitudes and a cooperative relationship between individuals and organisations. Not viewing civilians as bloody ones and Khakis as dunces. But how to revamp attitudes? Draw psychological profiles of individuals and organisations. Are they `normal’? ‘Rueful child visible to naked eyes in `Pakistan founding party wala’ and `Naya Pakistan wala` chiefs.
At least the selection and training institutions should review efficacy of their Thematic Apperception Tests. This test claims to decipher underlying motives, concerns, and their inner window on social world. Why scoundrels at large like `sab she pehley Pakistan’ wala remained undetected. He hid in washroom to avoid (d)ragging (read Musharraf’s auto-biography). Try to detect flaws in attitudes like `halo effect’, `projection’, `blame shifting’, `victim blaming’, `bullying’ and` transference’. May apply even Rorschach Ink Blot Test, Children’s Apperception Test and other tests in store.
Unless siege mentality is cured we would continue to witness `defence mechanism’ attitudes (fearful court judgments, discriminatory education and healthcare, and stratified shelter and housing). In short, fossilization of mafias (scuttling participatory democracy) in all realms of life.
Conclusion: Elected representatives (power) are under the delusion that they are superior to all unelected institutions. But the representatives should exercise their authority under Allah’s
Authority within bounds of our constitution.
The courts are guards over brute power and authority of the guardians (government). In so doing the courts are ‘quite untouchable by the legislature or the executive in the performance of its duty’ (Harilal Kania, India’s first chief justice).The chief justice of Pakistan alone cannot be the guardsman of the constitution. Unlike Western judges, he does not have lifelong tenure. The bureaucracy, banks and accountability institutions should also preserve their autonomy tooth and nail.
Cease-Fire Review: A ray of hope
Pre-Negotiations are very much crucial to achieve the state of “Negociation Continuelle” (continuous negotiations) the only way due to which conflicting parties go for sustained mode of talks. On 25th February Director Generals of military operations (DGMO’s) of India and Pakistan contacted with each other to review cease fire agreement, on line of control (LOC), which was held back in 2003. Both States reaffirmed cease fire agreement and to restart weekly hotline contact at DGMO’s level. The agreement was largely violated by both states for several times and they were accusing each other for violations. But one thing is common that on both sides Kashmiris are suffering, they are raising their children in an environment of fear and severe violence. India and Pakistan are both nuclear capable states of South Asian region and are considered as the custodian of regional peace and stability. And without shadow of a doubt regional peace and security is a collective responsibility of the responsible states. Pakistan and India are the main conflicting parties of South Asian region and Kashmir is the bone of contention between them. Kashmir has been a question of integrity for both States. The Line of control also known as working boundary, divides Indian Kashmir from Pakistani Kashmir. There are several resolutions have been passed by the UN General Assembly to address the Kashmir issue but never implemented. UN wants to solve this issue according to the hopes of Kashmiris. The initiation of bilateral talks in the present outrageous environment is not less than a blessing in disguise and it will be fruitful for all the stakeholders; India, Pakistan and Kashmiris as well. This peaceful move from Pakistan and India is highly appreciated globally because Kashmiri diaspora is present worldwide and they are very much concerned with future of their homeland.
Indian Prime minister Narendra Modi, with his hostile ideology of “Akhand Bharat” assumed office in 2014. His political adventurism based on jingoistic-cum-hawkish policies dragged India State to the verge of staunch illiberalism where identity crisis burst up, which is more lethal than previously existing class crisis. Every community including lower class Hindus, Muslims, Christians, Sikhs etc. all are vulnerable to the identity crisis. On 30th May 2019, he sworn for his second tenure as prime minister of the world’s so called largest democracy. He came with another adventurous mandate and the first demonstration took place when he suspended special status of Kashmir and abrogated articles 370 and 35A. His ideology is regarded as Nazi-inspired ideology because in contemporary scenario only RSS community and other proponents of Hindutva are only considered as “Real Hindustani”. All minorities are suffering in India because their basic living rights are kept aside. The ongoing farmer’s protests shook the foundations of the state, hundreds of thousands of farmers rushed to the Delhi against the anti-famer laws passed by Indian Parliament.
In India Separatist movements are getting pace; minorities are unsatisfied with governing approach of Bhartiya Janata Party (BJP). Prime Minister Narendra Modi, reuined the secular and democratic face of India. On the other hand, Foreign policy of India is facing severe challenges because PM Narendra Modi’s approach is hostile based on hatred and prejudice. These attributes are fatal for State’s reputation at foreign lands; the recent India-China standoff was just a teaser of BJP’s whole story related to foreign relations. In addition to this, Economic goal of 2025 of India is again became a distant dream just because of belligerent policies of ruling regime.
In contemporary scenario if we look towards India, only Modi-Media nexus will be seen. But in reality the situation is getting worse day by day. The review of cease fire agreement, offered by India, is a positive step towards the regional peace. It is appreciated by both civil and military administrations of both states. When PM Imran Khan assumed office he offered dialogue to his Indian counter-part but Indian Premier refused to go for any sort of talks. India always took a position that to initiate talks first of all, Pakistan has to stop the cross-border terrorism. Both terrorism and talks can never go side by side, this Indian claim is not based on empirical evidences because Pakistan has been facing menace of terrorism since 2001 and leaving no stone unturned to root out terrorism and safe havens for terrorists.
Currently, India is facing deep internal and external challenges. It is in the interest of India to have peace talks with Pakistan. On the other hand, it is a ripe moment for Pakistan to act decisively because it is the only time when India can review its decision of 5th August 2019.Moreover, it is a ray of hope to establish peace in entire region. This is the time when bi-lateral diplomacy can turn the traditional regional political dynamics. Both states are facing same problems when it comes to poverty, climate change, social security and the list goes on. The realm of these talks should expand and concern parties have to include economic and political regimes in front of each other otherwise momentum of talks will be lost. Regional connectivity is important to have eternal peace, Pakistan and India should review SAARC (South Asian Association for Regional Cooperation) that would provide basis for economic, cultural as well as political connectivity. Major Powers should also play their important role because world cannot afford rivalry between two nuclear states. Now, America is under a democrat President, and they should check every internal and external move of their Strategic and defense ally in Asia-Pacific region. Negotiations between India and Pakistan are in the interest of all other regional and extra-regional actors. Both states should adopt flexible approach while discussing the core issues and should avoid blame game. It will enhance the chances of continuous negotiation which is a pre-requisite for peace and progress.
What does the Kashmiri want?
A group of envoys visited the illegally-occupied Jammu and Kashmir State ostensibly `to take first-hand account of the situation in Jammu and Kashmir and government’s efforts to restore normalcy’ (Hindustan Times February 17, 2021). Srinagar welcomed the envoys with a spontaneous shutdown. Prior to the visit, political leaders and human-rights activists were detained. The envoys did not visit Farooq Abdullah, Mehbooba Mufti or any of the other opposition Kashmiri leaders.
The Hindu dated February 17, 2021 reported ‘The J&K government showcased “deepening democracy” to visiting 24 foreign diplomats, who arrived on a two-day tour of the Union Territory (UT) on Wednesday amid a spontaneous shutdown in Srinagar and alleged detention of recently elected National Conference (NC) district council members in Budgam’.
Post-special-status abolition situation
After abrogation of the special status, India took a number of steps to silence public dissent_diurnal and nocturnal search operations to hound, kidnap or kill the Kashmiri, Internet ex-communication, blatant use of draconian laws against ordinary Kashmiris and their leaders alike. A law was passed to jail parents of stone-pelters., if any. Meanwhile local body elections were held in which the ruling BJP was cut to size. But, India, as reported b y the Hindu also, showcased the elections in international media as a proof of popular participation and contentment of the people with the status quo.
Have the Kashmiri resigned to their fate
The mysterious silence in the Valley during the envoys’ visit speaks volumes on how much the Kashmiri hate India. However, it appears the Kashmiri could have shown their ennui through some mode of peaceful protest. They could draw lessons from the Occupy the Wall Street or Precariat Movement in the USA.
Occupy has six letters. A group of six persons mostly celebrities in their fields, stand up at some busy street holding letters O,C, C, U, P, and Y. The Kashmiris also could have displayed the letters in word `AZADI’ through a group of five persons.
Arnold Toynbee, in his Challenge and Response Theory postulates that if a challenge is too onerous a nation may become apathetic. In similar vein, Ibn-e-Khaldoon suggests that survival of a tribe (nation) depends on cohesion (asabiya, nationalism) of a tribe faced with life-and-death threat around its frontiers.
Amy Chua (Political Tribes: Group Instinct and the Fate of Nations) talks about static or dynamic response of a society as shaped by group instincts of various components of a society.
Applying Amy Chua’s framework to Kashmir situation
Amy Chua challenges the view that the conventional mechanism of demokratia (government by the people) is a panacea for all the problems of a society. Thus the recently-held local level elections or even `state assembly’ elections in occupied Kashmir are no panacea for the Kashmiris’ simmering discontentment, their revulsion to yoke of Indian rule. Chua, in her afore-quoted book analysed situation in Vietnam, Afghanistan, Iraq and Venezuela, besides so-called terror tribes including the Islamic State of Iraq and Syria.
Kashmir in Chua’s framework would suggest it is naïve to believe that Kashmiris are resigned to their fate. By analogy, even a thousand years of exploitation by a microscopic Chinese population did not subdue the Vietnamese hatred of the Chinese. As soon as the Americans left Vietnam, the native Vietnamese prowled upon the rich community of Chinese like a pack of wolves. The Americans plunged into decade long futile war with Vietnam without realizing that the Vietnamese were not Chinese stooges.
The indomitable fighting spirit
Indian forces had been using pellet guns to blind the Kashmir. Now, former chief minister Mehbooba Mufti, they have begun to use even chemical weapons against the Kashmiri.
Let us have a glimpse of the dogra’s reign of terror in Kashmir. To stifle the Kashmiri’s fighting spirit, the dogra punished even Kashmiri children who played with fork-slings (ghulail) and stones (Muhammad Yousaf Saraf, Kashmiris Fight for Freedom, vol. 1, p. 50). Under the dogra rule, the Kashmiri were treated no better than beasts of burden. Instead of donkeys and horses, Kashmiri Muslims were used to transport goods across Gilgit, Leh and Skardu. They carried luggage on their backs across glaciers as high as 17,000 feet. Thousands of them perished along the way each year owing to frost bites, fall from a precipice, and hunger or sickness. The dogra caravans were not humane enough to stop for a while in the snowy passes to look after the injured porters (or ‘human beasts of burden’). Besides performing the forced labour, the Kashmiri had to pay heavy taxes. Whole of their produce was confiscated by the dogra. Little was left for tillers and their children to eat. On every item, the oppressed Kashmiri had to pay multiple taxes. Take shawls. Not only the shawl-makers were taxed, but also the other intermediaries like importers of pashmina (wool) from Ladakh, and storekeepers, whether wholesalers or retailers (ibid. p. 280-81).
The regressive revenue system resulted in a famine during winter of 1877. People began to die of starvation. Instead of releasing grain stocks from the royal go-downs, the maharajah’s constabulary drowned the starved, crying people in the Wullar Lake. Saraf writes: “Whole boat-loads of starving people have been conveyed by the Maharajah’s officials to the Woolar Lake, and there drowned” (ibid. p. 294).
The reign of terror by Indian forces (now estimated at about nine lac regulars and security personnel) who replaced the maharajah’s constabulary on October 27, 1947 is no less gruesome. International human-rights organisations, as well as India’s National Human Rights Commission, have brought into limelight the Kashmiri’s mysterious disappearances, their custodial deaths, and countless rapes of hapless Kashmiri women.
Like the dogra, Indian rulers are mercilessly exploiting Kashmiris’ economic resources. Bulk of locally-generated electricity is being diverted to Indian states. The tourism industry is in shambles. Highly – educated people have no jobs. With no inflow of tourists, the shopkeepers have no business. Unlike the occupied Kashmir, all the socio-economic sectors in Azad Kashmir are progressing by leaps and bounds.
Toynbee’s Challenge and Response Theory suggests that if the challenge is too strong, a nation becomes apathetic. Ibn-e-Khaldoon’s asabiya (spirit of national cohesion) also suggests that a nation’s spirit is likely to be smothered by a challenge which is too heavy. Historical lessons do not apply to the Kashmiri’s struggle. Neither Indians, nor the dogra could gag them. The struggle for freedom has continued unabated.
The lesson from Kashmiris’ struggle for freedom is that repression or palliatives like elections in occupied Kashmir are no good. The Kashmiri wants “freedom”. Their group instinct is `resistance’. But they need to learn from peaceful resistance movements like the Occupy and the Precariat.
Pakistan Day Celebrations: Civilian Participation
Pakistan got independence on 14 August 1947 by hectic political struggle from the platform of All India Muslim League (AIML) under the dynamic leadership of Quaid e Azam Muhammad Ali Jinnah. The presidential address at Allahabad on 29 December 1930 of Dr. Muhammad Iqbal, accelerated and gave more clarity to the movement. He presented the idea and concept that Muslims are a separate nation by emphasizing that a nation is distinguished from the other based on religion, customs, and traditions. At the same time, he strongly disagreed with the Western concept of religion as a private affair. Iqbal explained that Islam is a way of life and thus Muslims are a separate nationand accentuated that unless their rights areprotected, it is impossible to establish peace and tranquility in the sub-continent. The determined political struggle of AIML led to March 23, 1940, Lahore Resolution, at its 27th annual session. The Quaid addressed the session on the first day andstressedthat Hindus and Muslims follow two different religions, philosophies, social customs literature and this made them two distinct nations.
The contents of the resolution, according to Story of Pakistan are“No constitutional plan would be workable or acceptable to the Muslims unless geographical contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may benecessary. That the areas in which the Muslims are numerically in majority as in the North-Western and Eastern zones of India should be grouped to constitute independent states in which the constituent units shall be autonomous and sovereign”. It strongly rejected the concept of United India. The word states wassubstituted to one state by a resolution passed at the 1941 Madras session of the AIML which stated, “everyone should clearly understand that we are striving for one independent and sovereign Muslim State.” Moreover, in all speeches, the Quaid used the word “an independent homeland” or “an independent Muslim state”.Pakistan and India became dominions on 14 and 15 August 1947 respectivelyby the Indian Independence Act, 1947, based on the Mountbatten Plan of 3 Junepassed by the parliament of the UK on 18 July. Keeping in view the atrocities being committed by RSS, a militant wing of BJP in Indian Illegally occupied Kashmir (IIoK), and minorities especially Muslims in all over Indianot being allowed to practice religion freely, havevery sturdily substantiated the decision of AIML to fight for a separate state for Muslims. It elucidates their political acumen and far-sightedness.
Pakistan remained a dominion for about nine years till thefirst constitution as the Islamic Republic of Pakistan was adopted on 23 March 1956.Thereafter 23 March was celebrated as “Republic Day” (Yome Jamhooria)every year to commemorate the Lahore resolution and adoption of the constitution. After the imposition of martial law by Ayub Khan in Oct 1958,it is being celebrated as“Pakistan Day”. Probably the plotter of the coup could not celebrate constitutionalism and democracy on March 23 so ‘Republic Day’ was replaced with ‘Pakistan Day. The main feature is a three-servicesparade in Islamabad followed bythe display of military weapons and equipment. Floats of the provinces also march past. The flypast by Army and Navy combat aircraft displaying their weapons and equipment.The flypast by PAF fighters and aerobatic.
The celebrations are spread over about two and half hours.Pakistan Day has taken the shape of a Defense Day which was not originally intended. Moreover, Army, Navy, and Air Force organize their respective Defense Days on 6,8, and 7 Septemberevery year. The events of the Pakistan Day parade give an impression especially to civilians that military strength is the only most important component of national power. The remaining such as economic capacity, natural resources, industrial capacity, national cohesion, political structure, and leadership, etc. which are also very vital needs to be given projection. Therefore, parade proceedings may be modified to include more participation of civilian-related events. The latest inventory and indigenously developed weapons and equipment may be displayed to reduce timings. The PAF fighters may only carry out professional flypast andaerobatic performance similar to the aerobatic display team, like “Red Arrow “may be excluded. It is pertinent to mention that most of the countries have prohibited aerobatic display in public places to avoid any untoward incident. It is suggested that floats carrying students who have topped in the boards and universitiesand have done distinct research work in the past year may be added. Similarly,floats carrying civilians who have been awarded Pride of Performance and other awards, businessmen who have been bestowed awards, sportsmen who have brought honors for Pakistan may also be included. Few industrial floats may also be added with indigenously manufactured machinery and other items.Floats carrying agricultural products and livestock may also be considered.Citations are read as the float passes the dais. Moreover, in Islamabad and the provincial capitals industrial exhibitions may be organized which may include indigenously developed machinery and other items.The civilian participation in Pakistan Day celebrations will certainly add colors and act as a source of pride for them as well as for the nation.
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