Written by Lal Khan in Lahore Tuesday, 22 December 2009

With thanks: International Marxist Website

After years of military dictatorships followed by sham democracy, the situation in Pakistan has reached such a point that the masses are yearning for radical change. Their suffering is immense as the people at the top continue to enrich themselves at the expensive of the workers and peasants, collaborating with imperialism as it rides rough-shod over the people of Pakistan. Everything is moving to an inevitable revolutionary explosion.

Pakistan’s Supreme Court in its verdict of 16 December, 2009 declared the notorious NRO null and void ab initio. The National Reconciliation Ordinance of October 2007 was promulgated by the then President of Pakistan General Parvaiz Musharraf. It was the outcome of a deal he had struck with Benazir Bhutto, life Chairperson of the Pakistan People’s Party in a covert meeting in Abu Dhabi. The deal was brokered by the United States and Britain. The aim was to create a new setup that could facilitate the imperialist war and other interests in this turbulent region.

According to this ordinance all cases of politicians including corruption, murder, extortion, kidnappings and other heinous crimes would be withdrawn. Some of the major beneficiaries are now in power including Benazir’s widower Zardari, now the President of Pakistan and some of his most sinister ministers. The other main beneficiary is the Muteheda Qaumi Movement, MQM, whose leader, an absconder resident in London for several years, and its other leading figures were facing charges of murder and other crimes. The MQM is a mafia-type organisation with neo-fascist tendencies and its main ideological baggage is based on ethnic conflict.

The present democratic dispensation is the product of such a nefarious design. After Benazir’s assassination in December 2007 Musharraf’s fate was sealed. The plan B came into action and Zardari having a long standing relationship with US officials was catapulted into the presidency with his firm assurance that he would be more subservient to the Americans than Musharraf or Benazir could ever have been. The Electoral College for this election are comprised of members of the National and provincial assemblies who were elected in the February 2008 elections, the results of which were tailor-made in Washington to serve the imperialist strategies.

Ironically this unanimity, or “reconciliation”, between all the parties in Parliament was prompted by a collective fear on the part of these representatives of the ruling class in the wake of the beginnings of a mass movement that they witnessed on the arrival of Benazir from exile in Karachi on October 18, 2007 and later after the explosion of the wrath of the workers, peasants and youth at the news of her assassination on December 27, 2007. After a long period of suffering, the oppressed in Pakistan had risen up in the hope that the leader of their traditional party, the PPP under Benazir Bhutto, would be a beacon of change and free them from the unrelenting misery and distress.

The Americans had already done their homework with the PPP leaders, who mainly come from the moneyed classes, to divert this outburst into a democratic election and façade of “democracy”. These leaders drowned the mass anger and revolt in sorrow and despair. They refused to call for a general strike for the elections to be held on the scheduled date of January 8, 2008 and blocked the movement. This gave an opportunity to the Pakistani state and its imperialist masters to regroup their forces and stave off the threat of a revolutionary upheaval.

The Military in Pakistan has ruled directly for more than half of the country’s 62 years of chequered history. All the military regimes were supported and propped up by US imperialism. During the “democratic” intermissions the plight of the masses continued to deteriorate. After the first decade (1947-58) of democratic regimes, such was the crisis that when Martial Law was imposed by Field Martial Ayub Khan there was even a sense of relief amongst several sections of society.

Ayub Khan had the impertinence to say in one of his initial statements “we must understand that democracy cannot work in a hot climate. To have democracy we must have a cold climate like Britain.” General Ayub told the first meeting of his cabinet, “As far as you are concerned there is only one embassy that matters in this country: the American Embassy.”

The Ayub dictatorship embarked upon an ambitious economic, agrarian and industrial programme in the 1960s, mainly sponsored by “US Aid” and the World Bank. Although Pakistan achieved its highest growth rates under Ayub, Keynesian economic policies failed to improve the lot of the masses. The aggravated social contradictions exploded into the revolution of 1968-69 that was fundamentally of a socialist character. [See Pakistan’s Other Story-The 1968-69 Revolution].

The failure of the existing left leadership to give a clear revolutionary programme and perspective to the movement resulted in the rise of the Populism of Zulfiqar Ali Bhutto. Due to the absence of a Bolshevik-Leninist revolutionary party the revolution was lost. But it did shake the whole of South Asia. The ruling classes initially tried to impose Martial Law again. However, its failure to curb the tide resulted in the first elections based on the adult franchise in 1970 where the PPP became the largest party in West Pakistan.

Having failed to curtail the revolutionary wave that pierced through the ballot, ultimately the ruling classes resorted to a war with India, which led to the break-up of Pakistan and then Bhutto was given power who, forced by the pressure of the masses, initiated radical reforms from above, but only to exhaust the revolution brewing below.

Bhutto’s elected left reformist government was subsequently overthrown by a military coup led by General Zia ul Haq in July 1977, who later hanged Bhutto at the behest of US imperialism. The eleven-year brutal dictatorship of Zia was perhaps the most traumatic period for the working masses in Pakistan. In connivance with the Americans, Zia propped up and unleashed the beast of Islamic fundamentalism to crush the left. The continuance of that grotesque monstrosity is what produced the present day fundamentalist terror that is ripping apart the social fabric of Pakistan and Afghanistan.

The Zia Dictatorship began to crumble after another upheaval on the return from exile of Bhutto’s daughter Benazir in April 1986. The contradictions in the already weakened dictatorship were thus sharpened. General Zia’s plane was conveniently blown up in mid air in August 1988 – some have speculated that this may have been done at the request of the Americans, whom the megalomaniac and insane general had begun to “disobey” seeking his own personal agenda.

From 1988 to 1999 there was another democratic interlude, where Benazir and Nawaz Sharif alternated in short stints of rulerships. This period was marred by an orgy of corruption, incompetence, spiralling economic decline and chaos. General Musharraf took power in a bloodless coup by overthrowing Sharif. Musharraf then introduced a “quasi-democracy” in 2002 but the 9/11 episode in the USA once again made another dictator another main American collaborator. This time the façade was not against communists but we had the so-called “war against terror”.

Musharraf’s demise and the regime that ensued once again brought unprecedented agony and pain for the people of Pakistan. History has turned full circle. This vicious cycle of Pakistan’s political superstructure – dictatorship to democracy and back to dictatorship ‑ has brought no respite to society. Only the suffering has intensified. In reality this is a reflection of the ongoing social and economic crisis built into the foundations of this tragic country.

The Pakistani ruling class after its independence from direct British rule came onto the scene of history too late and with this came an inability to develop the economy. It was a weak class even at its inception. It could not produce enough surpluses for its profits and capital needed to tap the resources of the country and carry out its historical role of the national revolution that its pioneers had envisaged. It adjusted itself accordingly, and its survival depended on the one hand by being subservient to imperialism and on the other allying itself and compromising with the landed aristocracy created under the Raj. The founder of Pakistan, Muhammad Ali Jinnah, as early as November 1947, less than three months after the formation of Pakistan, had sent his emissary to Washington asking for a $2bn loan. The response he got was a mere $10million of loose change.

The failure of Pakistan’s ruling elite is evident 62 years later. None of the national democratic tasks have been completed. Several agrarian reforms have failed to abolish feudalism. Pakistan came into existence not as a nation but as a state comprising different nationalities. National oppression continues and the national question has become a festering wound on the body politic of this country. The task of the formation of a modern nation state is far from being achieved and will in fact further deteriorate with the impending crisis. This state of incompleteness of the tasks has wrought havoc on the social and economic life of Pakistani society.

The social and political infrastructure is in a state of collapse. “National sovereignty” is a farce and hardly anybody believes in the state’s independence. Imperialist intervention and domination is on a greater scale today than it was in 1947, the year of Pakistan’s creation. Except for a few years under Zulfiqar Ali Bhutto, all the finance ministers have been employees of the World Bank or other imperialist financial institutions.

Now the US is even trying to control sections of Pakistan’s armed forces and intruding its military corporate contractors to take over “security” in several vital parts of the country. These include former Blackwater now XE securities, DynCorp and others. An embittered general described the strategic relationship as Americans using Pakistan as a “condom”. The conflicts within the army are also the result of this aggressive hegemony being thrust into the Military’s domain. This is already giving rise to bloody conflicts among different agencies and sections of the armed forces representing black money and other sections of finance capital. This conflict is being waged covertly at the present time. But if a desperate imperialism faces an impending defeat in Afghanistan and tries a partial US occupation of NWFP (Pushtoonkhwa), it could even trigger a severe crisis in the army already under strain from carrying out the CENTCOM instructions on the Pakistan-Afghanistan border. The fallout could have catastrophic consequences.

Similarly the severe crisis of Pakistani capitalism has failed to develop a parliamentary democracy. The Pakistani ruling class, in the wake of its economic failures turned to plunder of the state at an early stage. They pay less than 10% of total taxation revenues. The real burden falls on the working class who are forced to pay more than 80% of the revenues through indirect taxation. The capitalist class steals electricity and gas, while billions of dollars of bank loans have been written off. According to the figures presented before the Supreme Court of Pakistan, a small section of these leeches’ annual corruption exceeds Rs. 500 billion (US$6.2bn). Most of this money is stashed away in western banking havens.

As this process started to become more and more evident, the army, the most powerful instrument of the state, started to become part of this evil nexus of plunderers and usurpers. The drug-funded and US/Saudi sponsored Afghan Jihad brought even greater loot to the coffers of the generals. Other institutions of the state and society including the judiciary, the bureaucracy and the media joined in this orgy of corruption. Hence, whenever there was a political crisis (conflict of the civilian plunderers) the military moved in to quell the rot. The dictatorships bred more corruption and as they began to lose their grip democracy was introduced ‑ the main reason being the growing danger of a mass revolt that is provoked by these repressive regimes.

Although even a bourgeois democracy is a progressive step forward as compared to military dictatorships, the exploitative system that the military rulers intervene to salvage remains intact. In Pakistan this crisis-ridden system again creates a political instability that reflects the burning economic turmoil. The army and state are not a class, but in the last analysis the economic and social conditions determine the nature of the regime that is needed by the ruling class to preserve the system of exploitation of labour. Comrade Ted Grant elaborated on this in 1949 “The state by its very nature is composed of a bureaucracy, officers, generals, heads of police etc. But those do not constitute a class; they are the instrument of a class even if they may be in antagonism to that class. They cannot themselves be a class.” (The unbroken thread, pp.235).

In Pakistan the irony is that time and again the masses have risen up against the dictatorship, fundamentally to overthrow the yoke of exploitation and misery inflicted upon them by this vicious system of class rule. When they were allowed even to make half a choice through the ballot-box they propelled the PPP to power. Yet their hopes have been dashed time and again by the PPP in government in the short span of less than 40 years. The toiling masses have been loyal to their tradition for generations. The ruling class only allowed the PPP into the corridors of power to dissipate the mass upsurge. Above all the ruling class, the state and the imperialists have used the capitulating leaders of the PPP to carry through cuts, privatisations and other drastic anti-working class measures. They could not have achieved so much with the right-wing governments of Sharif, etc., but even under the dictatorships they combined caution with repression.

However, at least in the 1970s the PPP government did carry through some reforms for the betterment of the impoverished masses. In the later PPP governments since 1988 such was the crisis of Pakistani capitalism that there was no room for even minimal reforms. The PPP governments carried through right-wing policies and actions. Paradoxically, privatization and other policies of counter-reforms were introduced at the behest of imperialism by the PPP government in 1989.

The present theory of “reconciliation” initiated by imperialism is the most blatant and insidious form of class collaboration. Policies like the Public Private Partnership (PPP) are a deceptive and poisonous methodology to blunt the class struggle, deceive and corrupt the workers. Such privatization devastates the workers who fall into this treachery of “ownership” of factories from which they are themselves fired to sustain profits. The shares of “ownership” are turned into trash by the speculators on the stock markets and the impoverished workers become bankrupt and are forced into starvation and drudgery.

As the crisis worsens, the ruling class and the establishment come to the conclusion that the potential of a PPP government to carry out the policies to preserve capitalism have become exhausted, and they use the state to kick out PPP governments. If the Army is not in a position to carry out this act, then the other vital organ of the state, the Judiciary comes into play. After all, both are the sacrosanct pillars of the state.

As the PPP is a populist party it lacks democratic structures, with no democratically elected bodies and no revocability of the leadership. Hence an atmosphere of pusillanimity and conformity prevails inside the party where compromises and deals are the prerogative of the leader alone. The working masses have no alternative yet. Hence the right wing regime and dictatorships only prevail until the masses are in a state of disillusionment and despair due to the shattered hopes from the previous PPP government. At the same time the PPP leadership in its quest for power again, using the force of tradition tries to mobilise the masses. The slogans and programmes of every campaign are carefully calculated by the experts and advisors of the PPP leadership.

However, it is very difficult to control the masses once they are mobilized and are on the move. This forces the leaders to radicalise their slogans as the pressure from below mounts. Dialectically this further emboldens the masses and forces the traditional leaders to further move to the left and begin to defy the state. Sections of the state become terrified by this surge and in desperation resort to the most atrocious measures.

This was the dynamic and the intensification of the movement in the autumn of 2007 that led to the assassination of Benazir Bhutto. The experts who were promoting the interests of the status quo failed to handle this situation that was rapidly spiralling out of control. In ordinary times they try to use ideas and tactics, from left reformism to democracy, to the slogan of “food, shelter and clothing”. But they ensure that the party’s founding programme that calls for revolutionary socialism remains hidden from the rank and file and the workers and youth who are the main basis of support for the Party. It has in fact been buried by the leadership for more than two decades. Actually it is very awkward and embarrassing even to mention the word “socialism” in the meetings of the various tiers of the leaders.

Most if these present-day leaders have never read the founding documents of the PPP. This documents clearly states, “The ultimate objective of the party’s policy is the attainment of a classless society which is only possible through Socialism in our times”. The irony is that the initial revision of this programme was given the vulgar expression of a “multi-class party”. The latest version of this form of class collaborationism is “Reconciliation”. Often such discourses have led to the tragic assassinations of the most charismatic leaders of the PPP.

Chairman Zulfiqar Ali Bhutto in his last book, “If I am assassinated”, had clearly warned about the catastrophic consequences of these class collaborationist digressions and even stressed upon the role of this ideological deviation in the imposition of Zia’s brutal Martial Law and as a cause of his own ordeal and assassination. Yet the next generation of the PPP leaders have not learnt anything from his last testament. And as the old saying goes, “those who do not learn from history are doomed to repeat it”. How tragically the subsequent events have proved this to be so pertinent. But for how long will the masses continue to adhere to this tradition?

The present PPP-led coalition government based on the theory of “reconciliation” has meant havoc for the masses. In just two years of its existence, price hikes, increases in unemployment, lack of healthcare and education, deprivation, shortage of electricity, water, flour, sugar, petroleum products, gas, etc., have been astronomical. The level of poverty has risen sharply. Wars are raging in large areas of the country. Terrorism, fear, uncertainty and insecurity stalk the land. Suicide bombings and terrorist carnage has turned society into a living hell. The Americans are using the Pakistan Army and the state to fight their wars for strategies and interests that have been given false names and objectives. The PPP is in government but they are not the ones calling the shots. In this caged rulership they are being used to execute policies to further the vested interests of the imperialists and the ruling elites.

The crisis of the state and society has reached such proportions that even the serious bourgeois analysts are terrified of the consequences. They confess today what they could not even imagine in the past. An article in The Dawn says the following:

“Pakistan’s biggest tragedy… has been the axis of trouble between America, Pakistan army and the religious parties… until and unless the axis is broken… the so-called democratisation of Pakistan will not bring peace or prosperity to the latter’s 170 million people, nearly eighty percent of whom live below the poverty line of $2 a day. The army has no incentive to break the axis of trouble (a legacy of the great game) because it thrives on the perpetuations of conflicts in the region and the largesse it receives from the United States. Pakistan had been cursed by the civilian and military leaders who are too eager to follow the US agenda…

“…Politics has been demonised to degrees that save for the incompetent and allegedly corrupt individuals like Mr. Zardari or Mr. Nawaz Sharif or creations of the establishment like Altaf Hussain (MQM) or Maulana Fazalur Rehman, few wish to navigate the treacherous and murderous waters of Pakistani Politics.”

In this crisis-ridden condition the masses have been persistently imbued with the illusion that the judiciary would be the source of their salvation. This notion has been instilled not just by the right-wing politicians, the Islamic fundamentalists, the corrupt and reactionary bourgeois media but also by the left parties and groups. The restoration of the so-called “free” judiciary has not only failed to give any respite to the impoverished millions but has miserably failed to solve even petty issues like sugar shortages, petroleum prices, etc., and has been exposed to be impotent and ineffective. Its ‘suo motto’ actions have proved to be deceptive and farcical. The masses in their experiences of life know that not only justice is ridiculously expensive but it is corrupt to the core. The article in The Dawn further elaborates and exposes the role and character of Pakistan’s Judiciary.

“An independent Judiciary is an oxymoron in current objective conditions. The so called revolt by some in the judiciary against Musharraf was the manifestation of the power struggle inside the establishment. The judiciary is as much part of the collapsing Pakistani state structure as some of the big media personalities. The ugly reality is that the business of that state and policies has become a mafia enterprise with usual mix of big money (read business, drugs, land) interests and crime. This criminal enterprise has the active support of the Americans who find it convenient to use a corrupt instrument that a puppet state is, be it military or quasi military…

“…Until and unless a movement emerges that appeals to popular sentiment and represents the people’s real aspirations to create a genuinely democratic state, Pakistan’s chance of survival in its current state are grim.” (The Dawn, 5 December 2009)

We have quoted this article at some length because it graphically exposes the gravity of the situation. And that exposure is in the most important and traditional paper of Pakistan’s ruling class. The present ruling class are crying hoarse about democracy. They equate every solution of every problem to “democracy”. The din has now escalated to a deafening crescendo. Yelling about democracy at the top their voices round the clock, on the television, in the newspapers, every political party with ideologies ranging from Islamic fundamentalism to the nationalists, to the liberal and so-called ‘secular democrats’, has been issuing an agonising, monotonous and annoying message for the masses. The PPP leaders are the most tedious and raucous. The masses being thrust in the abyss of misery, poverty and disease have become sick and tired of this democratic demagogy, constitutional and legalistic wrangles and all this hypocritical nonsense of “national” interests’ with its decayed and treacherous patriotism.

Democracy is not a social system. It is a methodology used in different varieties in different social systems in history. From that of the Roman republic to the Athenian model and from the Asiatic despotic democracy to the shura of Islam this method of rule has gone through various forms and shapes. The masses in Pakistan have only experienced the worsening of their misery and pain under this “democracy” of finance capital and free market economics. The genuine democracy of the workers and the toiling masses can only be accomplished by the overthrow of this yoke of dictatorship of the financial oligarchy. The conditions on the ground and what the masses think represent a death knell for the upholders of this system. In a recent British Council report of s survey on Pakistan called “Next generation”, the following inferences have been drawn.

The young respondents who participated in this survey are deeply disillusioned with only 15 percent believing that Pakistan is moving in the right direction; 72 percent feel they are worse off than they were a year ago. Given this level of despair it is hardly surprising that only two percent are members of any political party. Just half of them are bothered to get themselves enrolled in the voters list and only 30% voted in the last election. Only half of young Pakistanis enter primary schools and a quarter go on to receive a secondary education. Less than five percent get a higher education of any kind. The conditions in hospitals and other basic facilities are even worse. Seventy eight percent of the population is forced into semi or non scientific medication. They simply can’t afford proper treatment. But this despair and apathy is not going to last forever.

The masses are fed up with most political and ideological tendencies and ideologies on the horizon. All present “solutions” that are within the confines of this rotting capitalist system. The masses are fed up with the Islamic parties and religious fundamentalism. The surge in terrorism has eroded their support drastically, which was not much anyway. They pose no alternative. The pro American stance of the nationalists and their love for a free market enterprise seals their fate of getting a mass social base. Liberal democracy with its rampant corruption, its betrayals and lumbering of the economic crusade upon the shoulders of the population has repelled the masses. There is a widespread revulsion towards these political trends and parties. Meanwhile, the army is going through internal conflicts that have fractured its cohesion and discipline. The escalation of war will further ignite dissent within the armed forces. The judiciary is being rapidly exposed. It sacrosanct image imposed by the media will further erode as deprivation and want intensify. It won’t and can’t solve any problems of the masses.

The PPP government is being targeted by the media. The Muslim League’s and Sharif’s party is facing a downward economic spiral. The only outcome of the policies of the present PPP government is that they are repaving the way for the right wing. If the Sharifs fail the right will bring in another alternative. But even the removal of the PPP government will not quell the rot. The crisis will further aggravate. Even if the ruling class and the Americans try to install a new military dictatorship it will be a very dangerous move for the system itself. It’s not the same military and it’s not the same times. Even Musharraf’s dictatorship seemed to be a picnic compared to the strong dictatorship of Ayub Khan or the brutal and ferocious military rule of Zia Ul Haq.

A new dictatorship may be very repressive to begin with but would be very fragile and would not last long in the present conditions. Bourgeois democracy has failed to deliver. The system is rotten to the core. It cannot take society forward. The extreme crisis of the system reflects the elements of barbarism raising its ugly head in several parts of Pakistan. Without a socio-economic transformation the country is doomed. Its breakup is not the most likely perspective but if at all it should happen, the bloodshed and devastation would be unprecedented. Its existence in the present form will be a continual aggravation of crisis and instability. The only way forward is the overthrow of this system through a socialist revolution.

There are innumerable left groups and parties. But they are miniscule and confused. They unite to break up into more sects that merge and then reunite again, without considering the ideological and theoretical basis or clear perspective and aims. They unite for ‘revolution’ without agreeing upon even the basic character of the revolution.

The PPP’s present leadership has been discredited to the extent that their regaining of social base in the coming period is unlikely. According to the Forbes magazine, Zardari is amongst the ten richest heads of state. He has even more wealth than the Queen of England. But that is not the end of the PPP. In spite, and despite, of its leadership the masses will not let go of their tradition without a fight. This time there is a far greater possibility that the leadership will be challenged as the party yet once again fills up in the wake of a fresh movement of the masses. But this time the challenge will come on an ideological basis. The Socialist foundations will come to haunt the present corrupt leaders and their cronies. There will be a huge ferment in the ranks.

The perspective of the movement is not just the only hope for the survival of this society but it is a reality unforeseen in the doom and gloom of those whose ideas were defeated by historical events. New generations have grown up since the fall of Berlin Wall and the collapse of the Soviet Union. They are yearning for change. Once they enter the arena of struggle a revolutionary wave will spread across society. Its reverberations will be felt among the trade unions, students, youth and the poor peasants. It will have an impact in the PPP as we saw the impact of the masses in the psychology of the leadership in the autumn of 2007.

If an organized Marxist tendency is quantitatively and qualitatively developed in time then another accidental leadership or demagogic individual being prepared by the state will not be able to hijack the PPP and divert and betray the movement again. A massive upheaval that would erupt out of such atrocious conditions and smash seemingly formidable obstacles will be even more forceful and militant than what we saw in 1968-69. The Marxists, if they are present as a substantial force armed with firm ideological understanding and profound methodology of revolutionary socialism, at the onset of such an upsurge will be able to illuminate for the workers, peasants and youth a clear path and a destiny they have yearned for generations. The victory of revolutionary socialism in Pakistan would not just destroy barbarism, but would have revolutionary repercussions far beyond these artificial borders.

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’عدلیہ دائرہ کار سے تجاوز کر گئی ہے‘

علی سلمان

بی بی سی اردو ڈاٹ کام، لاہور

عاصمہ جہانگیرعدلیہ کا کام ارکانِ پارلیمان کی اخلاقیات کی جانچ پڑتال نہیں

پاکستان انسانی حقوق کمشن کی چیئرپرسن عاصمہ جہانگیر نے این آر او کے بارے میں سپریم کورٹ کے فیصلے پر تبصرہ کرتے ہوئے کہا ہے ’عدلیہ اپنے دائرہ کار سے تجاوز کرگئی ہے اوریہ بہت ہی خطرناک بات ہوگی کہ سپریم کورٹ اراکین پارلیمان کی اخلاقیات پر فیصلے دے۔‘

عاصمہ جہانگیر نے بی بی سی اردو ڈاٹ کام سے گفتگو کرتے ہوئے کہا کہ جس طریقے سے فیصلہ آیا اور مانیٹرنگ سیل بنائے گئے اور سارے اراکین پارلیمان کو ایک طرح سے وارننگ دی گئی کہ ان کے کردار کی چھان بین ہوسکے گی ’وہ سمجھتی ہیں کہ عدلیہ اپنے دائرے سے باہر نکلی ہے۔‘

انہوں نے کہا وہ اس بات کی توقع نہیں رکھتی تھیں کہ عدلیہ اب اس بات کی جانچ پڑتال شروع کردے گی کہ ممبران کے اخلاقیات کیا ہیں۔

عاصمہ جہانگیر نے کہا کہ اراکین اسمبلی تو الیکشن لڑ کر آتے ہیں لیکن جج تو اپنی ساکھ کی وجہ سے آتے ہیں اگر ممبران پارلیمان کے لیے معیار اتنا بلند کردیا جائے کہ کوئی اس پر پورا نہ اتر سکے تو پھر عدلیہ کا معیار تو اس سے بھی بہت بلند ہونا چاہیے۔

انسانی حقوق کمشن پاکستان کی سربراہ نے کہا کہ ’یہ جوڈیشل ایکٹوازم نہیں ہے بلکہ عدلیہ اپنی اتھارٹی کو بہت زیادہ آگے لے گئی ہے۔اب اس نے مانیٹرنگ سیل قائم کرنے کی بات کر دی ہے۔یہ بھی دیکھا جائے گا کہ کس میکنزم کے مطابق کام ہوگا۔‘

’عدلیہ کی سپرویژن تو ہوتی ہے لیکن مانیٹرنگ سیل ہم نے آج تک نہیں دیکھا کہ اس طریقے بنائے گئے ہوں۔‘

انہوں نے کہا کہ وہ سمجھتی ہیں کہ تقسیم اختیارات کا نظریہ متاثر ہوا ہے۔’عدلیہ کو اپنے رویے پر غور کرنا چاہیے اس کا اپنا ایک مقام ہے اور اسے اپنے اس مقام پر واپس چلے جانا چاہیے۔وہ کسی خاص معاملے یا کیس میں اپنی دلچسپی نہ دکھائے۔‘

’وہ انصاف ضرور کریں لیکن یہ مخصوص نہ ہو بلکہ مساویانہ انداز سے ہونا چاہیے کیونکہ یہ نہ صرف ملک کے لیےبلکہ خود ان کے لیے بھی اچھا نہیں ہوگا۔‘

ایک سوال کے جواب میں انہوں نے کہا کہ وہ اس فیصلے کے خلاف اسی صورت میں اپیل کرسکتی تھیں جب اس عدالت سے بڑی بھی کوئی عدالت ہوتی۔انہوں نے کہا کہ سپریم کورٹ کے سترہ رکنی بنچ نے ایسا فیصلہ سنا دیا ہے جس کی کہیں اپیل بھی نہیں ہوسکتی۔

’انسان آخر انسان ہوتا ہے اس سے غلطی ہوسکتی ہے اسی لیے اپیل کا حق رکھا جاتا ہے۔ یہ بھی سوچنے کی بات ہے کہ اتنے بڑے فیصلے کردیئے جائیں اور اس کی کہیں اپیل بھی نہ ہوسکے۔‘

انہوں کہا کہ وہ یہ نہیں کہتیں کہ عدلیہ فیصلے نہ دے لیکن جو بھی کرے بہت سوچ سمجھ کر کرے۔

عاصمہ جہانگیر نے کہا کہ اس سے کوئی انکار نہیں کرسکتا کہ جن لوگوں نے لوٹ مار کی ہے ان کے مقدمات عدالتوں میں چلنے چاہیے اور یوں اجتماعی معافی نہیں ہونی چاہیے لیکن عدلیہ نے جس انداز میں فیصلے کیے ہیں اس پر انہیں تحفظات ہیں۔

دریں اثناء انسانی حقوق کمشن آف پاکستان نے ایک بیان جاری کیا ہے جس میں بعض افراد کے بیرون ملک نقل وحرکت پر پابندی کو بنیادی حق کی خلاف ورزی قرار دیا ہے اور کہا ہے کہ کمشن کو اس بات پر پریشانی ہے کہ حکام نے ایگزٹ کنٹرول لسٹ آرڈیننس کا اطلاق کردیا ہے جسے کبھی بھی منصفانہ نہیں سمجھا گیا۔کمشن کی سربراہ عاصمہ جہانگیر نے کہاکہ پیشگی نوٹس اور مناسب وجوہات بیان کیے بغیر پابندی عائد کرنا اس بنیادی حق کی خلاف ورزی ہے جس کی ضمانت ملک کا آئین دیتا ہے۔انہوں نے کہا کہ جن لوگوں کے خلاف عدلیہ میں مقدمات چل رہے ہوں ان کے بیرون ملک سفر پر پابندی عائد کرنا ضروری نہیں ہے ان کے فرار کو روکنے کے لیے عدالت میں قانونی سطح پر یقین دہانی حاصل کی جاسکتی ہے۔انہوں نے کہا کہ ایگزٹ کنٹرول لسٹ کو ماضی میں سیاسی طور پر حراساں کرنے کے لیےاستعمال کیا جاتا رہا ہے اور اب ایگزٹ کنٹرول لسٹ کا عدالتی فیصلے کی آڑ میں من مانے طریقے سے استعمال کسی آفت سے کم نہیں سمجھا جائے گا۔انہوں نے کہا کہ قومی دولت لوٹنے والوں کے خلاف جو قانونی کارروائی کی جارہی ہے وہ کافی ہے، حکام کو بے جا غصے اور جوش میں آکر ایسے ناجائزاقدام نہیں کرنے چاہیے جنہیں وہ انصاف سمجھتے ہوں۔

Source: BBC Urdu

Asma Jahingir is the chairperson of Human Rights commission of Pakistan.

A Comment by Lal Khan of IMT (translated by AA from Tabqatti Jiddojehd)

The recent Supreme Court’s recent decision declaring the NRO (National Reconciliation Ordinance) null and void has emerged as latest explosion in the series of tremulous events which have been arising from the severe political, economic and social crisis plaguing Pakistani state and society.  Instead of resolving this severe crisis, this decision will actually sharpen the contradictions and deepen the crisis and the anarchic situation. In August 1970 the veteran communist theoretician Comrade Ted Grant wrote, “we see the ruling classes of Pakistan swing from one form of governance to another, from military dictatorship to democracy and than the cycle repeats it self. This on their part is an attempt to avoid and escape the principle contradictions confronting them. But whatever is their form of government, military dictatorship or a “difficult democracy” they fail to provide economic and social stability” (Unbroken Thread, Ted Grant, 1970,p 431)

The Hidden NRO

After 30 years this crisis has become far more complex and severe. Corruption is not the cause of failure of this system rather it’s the fundamental necessity and creation of this system.  In this rotten system who is not corrupt? From pillars of state and politics to journalism and vanguards of social morality every layer of authority and ruling classes is corrupt. In this state afflicted by the crisis capitalism the pillars of state have no solutions.  Just like western capitalism, the client politicians of the ruling elite and establishment do corruption like master tacticians; they leave no proof behind and no stain on their character.. Their corruption is protected and safe. Despite all this when one considers the different existential crisis affecting every aspect of society and state of so called Islamic republic, corruption really becomes a non-issue.  The judiciary which is being portrayed as holy, sacred and clean is historically one of the most corrupt institution of Pakistan . Not only this, judiciary has always given verdicts which have strengthened the strangulating grip of ruthless capitalism and establishment on the people.  This decision is just yet another addition into this long tradition of decisions given by the superior judiciary of Pakistan .  Just like Army, civil bureaucracy, parliament, corporate media the judiciary is part and pillar of the state.  Just like these the principle function of judiciary is to preserve this inherently unjust system at any cost. Some  times using brute force and violence and at other instances utilizing the farcical democracy or judicial and constitutional wizardry the rotten social values and institutions of this system of ruthless capitalist plunder are given new life. The bitter reality is that this state and its institutions and all the political parties affiliated with it are slave of international monetary capitalism. If the capital cannot be generated by fair means utilizing unfair means become a necessity in this system where capital is god venerated in temples of state.  In a system where every relationship, value and emotion has become a commodity, justice too is on sale at judicial market.  In this hideous play of the ruling elite, the imperialism is strengthening its grip and is continuously looting and plundering the national wealth and assets without any resistance.  Pakistan Peoples Party was product of a revolution (1968-69 revolution) but it could never transform itself into a Leninist revolutionary party.  This contradiction resulted in its adoption by the working classes and downtrodden people of Pakistan as their revolutionary tradition and at the same time, its real character being “populist” instead of “Leninist-revolutionary” makes it vulnerable to be used by the ruling elite and enemy classes for furthering their agenda and easing their difficulties. Despite having the ample opportunities to completely dislodge the capitalist system in 1968-69 and in 1971-72, the failure to do so and decision to operate within the constraints of this system, the party leadership is on a continuous swing of deviating from Party’s original and fundamental programme of Socialism.  With this the slow infiltration of enemy classes in the party started and their grip on party has been increasing ever since. It is not to be denied that the present leadership of feudal, industrialists and petty bourgeois up starters have indulged in corruption but the question is which party and institution of Pakistan has not? Karl Marx once wrote those who don’t learn from history are condemned to repeat it.
In every crisis, the working classes and downtrodden masses of Pakistan have given their sweat, blood and tears to save this party. But the establishment and ruling classes have always used this party to control the crisis of state and to diffuse the revolutionary insurrections of masses and working classes standing behind this party. On return of Benazir Bhutto the monumental popular uprising completely exposed and discredited the so called “Lawyers Movement” and sharpened the class struggle. The sheer volume of popular uprising bewildered the establishment and ruling classes which were shaken to their roots. The epicenter of this movement Benazir Bhutto was assassinated and by a fraudulent election , a setup was imposed on the people in which government was given to the peoples party but the real power  was vested with some one else under tutelage of Washington.  The credit of removing General Pervez Mushraff was granted to the Lawyers Movement by the national and international corporate media instead of the glorious sacrifices and class struggle of people of Pakistan . The petty bourgeois and elitist leaders of Pakistan Peoples Party, blinded by the lust for power and wealth were under the deceptive illusion that they have the power in the state structure. The governance of this system moved them to impose ruthless capitalist policies like the criminally deceptive concept of “Public-Private Partnership, privatization and de-regulation resulting in unprecedented rise in poverty, hunger, unemployment and load shedding alienating the masses which form the very base of this party. With this economic terrorism people were attacked and the movement started to diffuse depriving people’s party of its “use value” by the state and establishment. As the leadership of Pakistan Peoples Party tried to strengthen its hold on Power structure , the holders of real power and the real rulers of this country h used yet another of their institution, the Judiciary instead  of the traditional bully the Pak Army to show the Peoples Party’s government their real worth.  In reaching this situation, the people’s party government by its sheer incompetence and pursuit of anti people economic policies has weakened it self and paved the way for the right wing assault. The irony is that even if Peoples Party government is kicked out the problems and crisis will not be resolved. Rather the situation will deteriorate manifolds, barbarism will plunder the society. The brutal assassination of Benazir Bhutto created a sympathy wave but the people burning in the hell of poverty, hunger and terrorism can’t wait for ever spell bound by an illusion. Even if they don’t rise in a revolutionary movement, holding on to the dwindling hope provided by their traditional party, in presence of such levels of poverty, humiliation, hunger and crisis any hope of stability is not tangible.

The crisis of society itself manifests in forms of contradictions within ruling elite, the state institutions creating an internal conflict within the state and ruling elite.  Every system of governance created by the bosses from ruthless military dictatorships to controlled democracy of General Musharraf and the capitalist parliamentary democracy has failed miserably. Every party and every institution stands exposed in front of the people. In this situation, it will be very difficult for the present leadership of Pakistan Peoples Party to use its traditional sympathy card. No doubt that the people and working class will be saddened by the dismissal of the government of their traditional party but they will only come out to actively support and defend the government, if the party returns to its original programme of socialism as rallying cry for a revolutionary movement.  This scenario in the present situation is very difficult keeping in mind the present leadership of the party. This on the other hand will create an ideological turbulence in the base of the party. Many expressions of this will be in form of personal and opportunistic dissent but an ideological conflict within the party is inevitable. The phenomenal question will surface in the party that which class this party represents and which class’s interests it pursues instead. The last writing and testament of Chairman Zulfiqar Ali Bhutto will re emerge and new avenues will open for the revolutionary tendency within the party. The traditional party slogan of “Socialism or death” will once again echo in this party.. The victory of revolutionary socialists in Peoples Party will pave the way for the socialist transformation of the society with the permanent solution of poverty, hunger  Islamic fascism and unemployment and this will become a reality.

“The Invisible NRO”

 

Source: Dawn News

Sharif brothers accused of money laundering

Thursday, 12 Nov, 2009

Senator Ishaq Dar, while accusing Nawaz and Shahbaz Sharif of money laundering, also implicated himself by confessing in the court that he had opened fake foreign currency accounts in different international banks. – File photo

ISLAMABAD: Nawaz and Shahbaz Sharif have allegedly indulged in money laundering, according to one of their close associates and a high-profile PML-N leader, Ishaq Dar.

NAB Court documents have recently emerged which show that Senator Dar made some interesting revelations in an accountability court in April 2000.

The court was hearing the famous Hudaibiya Paper Mills case against the Sharif brothers.

The 43-page confessional statement of Senator Ishaq Dar was recorded on April 25th 2000 before the District Magistrate Lahore. Dar was produced before the court by the then Assistant Director Basharrat M Shahzad, of the Federal Investigation Agency (FIA).

Dar, in his statement had admitted that he had been handling the money matters of the Sharif family and he also alleged that Mian Nawaz Sharif and Mian Shahbaz Sharif were involved in money laundering worth at least $14.886 million.

The statement by Senator Ishaq Dar is irrevocable as it was recorded under section 164 of the Criminal Procedure Code (CrPC).

Senator Ishaq Dar is a high-profile PML-N leader and has always been considered close to the Sharif brothers as his son, Ali Dar, is married to Nawaz Sharif’s daughter, Asma.

But in April 2000 the top PML-N leadership had hit a rough patch by then and some of their loyal lieutenants were busy developing a new political system for General (retired) Pervez Musharraf after his October 1999 military coup.

In this context, Ishaq Dar accused Nawaz and Shahbaz Sharif of money laundering in the Hudaibiya Paper Mills case.

Interestingly, Ishaq Dar also implicated himself by confessing in the court that he – along with his friends Kamal Qureshi and Naeem Mehmood – had opened fake foreign currency accounts in different international banks.

He said that the entire amount in these banks finally landed in the accounts of Hudaibiya Paper Mills Limited.

Senator Ishaq Dar was the main witness against Nawaz and Shahbaz Sharif in the case.

The Hudaibiya Paper Mills case is still pending in the National Accountability Bureau.

Since the statement made by Dar was recorded under section 164 of the Criminal Procedure Code, the statement has become a permanent part of the case against the top PML-N leaders.

If the case is opened again, the Sharif brothers may discover that the tightening noose around them was originally prepared by one of their own family members and trusted lieutenant Senator Ishaq Dar.—DawnNews