As Mr I. K. Gujral proceeded with his "Gujral
Doctrine," a friend in RAW said, "He will rue it by September." As
we returned from Lahore, he said, "When Pakistan goes so far out to
seem friendly, it is planning something big." As Nawaz Sharif kept
bringing one institution after another under his heel -- he enacted
a version of our anti-defection law which made legislators his
bonded men: they stand disqualified the moment they defy the party
whip on any matter; he had the President resign; he removed the
Chief Justice; he did away with the Council for Defence and National
Security thereby curtailing the Army's role; he put a pious cipher
into the presidency -- my friend said, "He will go on rushing
forward till he bangs his head into a brick wall. It is his
nature."
Each of his forebodings came true: the
intensification of terrorist explosions -- in Coimbatore, in Delhi,
in a score of other places -- as Mr Gujral strove to bring back the
days of his youth; Kargil in the wake of Lahore; Nawaz's eventual
confrontation with the Army, and its coup now.
An important lesson: my friend was going by the
inherent nature of the State and society in Pakistan, not by what
should happen; he was going by the nature of Nawaz, others were
going by the premise that, in his own interest, Nawaz Sharif will
not cross the limit.
Musharraf's new "Proclamation of Emergency" is the
eleventh constitutional scheme for running Pakistan. With the
removal of Nawaz Sharif's Government, the old record remains: in its
52 year history, only one elected government -- Zulfiqar Ali
Bhutto's first round in office -- completed its term: in the next
round, mounting turmoil forced Bhutto to declare early elections; he
won what was widely regarded as a grossly rigged election; his
victory was barely in, and he was ousted by Zia in a coup. A
constitutional scholar notes, "The Qaid-i-Azam died in September
1948, and the first Prime Minister, Liaqat Ali Khan, was
assassinated in 1951. All other executive Presidents and Prime
Ministers have been prematurely removed, while General Zia died in
suspicious circumstances in a plane crash. This, in short, has been
the constitutional and political history of the country." As a
result, for twenty five of the fifty two years since independence,
Pakistan has been under Army rule in one form or another.
Such a history conditions the mind. It explains not
just why people have accepted the latest coup with such evident
"calm". It explains why they have in a sense been looking forward to
it, several sections have been paving the way for it -- unmindful of
what it will do to them, forgetful of what they had undergone the
last time the Army was in control: for months now, politicians --
who must have known, after all, that they would be the first to be
out of business once military rule is imposed -- have been urging
the Army to step in and "save the nation." As has been the case with
every other spell of Army rule, a few months from now people will
start swearing at this bout of it also. But when they are under
civilian dispensation, they can think of no other solution except to
place the country once again in the hands of the Army.
And with what felicity the Supreme Court of
Pakistan has legitimized such takeovers: endorsing the fiction put
forth by Zia -- the Constitution has not been scrapped, it has
merely been held in abeyance -- and proclaimed verbatim now by
Musharraf! Martial Law was first imposed in Pakistan in 1958 -- by
the then Governor General Iskander Mirza, who in turn was soon
turfed out by General Ayub Khan. In what is known as the infamous
Dosso case, the Pakistan Supreme Court legitimized the usurpation on
"the doctrine of necessity": the doctrine, namely, that when saving
the country requires that the Constitution be scrapped, the one who
seizes power can scrap it. And the legality of an
extra-constitutional seizure is established by the fact that it has
succeeded! The weakened Ayub "handed over" -- after much manifest
persuasion -- to Yahya Khan in March 1966, and the latter imposed
his own Martial Law. During his time the country broke in two. The
courts kept deliberating; the Supreme Court eventually struck down
Martial Law and thereby the "doctrine of necessity" in the Asma
Jilani case -- by that time it was hardly necessary, but perfectly
safe to do so!
Zia staged his coup in July 1977. Nusrat Bhutto
challenged Martial Law. The Supreme Court endorsed it -- going back
in effect to the "doctrine of necessity." Indeed, it provided an
Islamic basis for it - repeatedly invoking the Shariat maxim,
"necessity makes prohibited things permissible"! The Chief Martial
Law Administrator -- Zia -- has said that he is not scrapping the
Constitution, that he is merely holding it "in abeyance," the Court
noted. He has said that he has been forced to do so "for the welfare
of the people," it noted. The supervisory jurisdiction of courts
such as ours remains unimpaired, it consoled itself. He has solemnly
declared that he will hold elections in three months, it noted. The
Court has every hope that he will live up to his word, it
declared.
This in a judgment delivered months after that
three month limit for holding elections had passed! Lest it be seen
to be letting out just half a cheer, the Court proceeded and
declared, " ...the Chief Martial Law Administrator, having validly
assumed power by means of an extra-constitutional step in the
interest of the State and for the welfare of the people, is entitled
to perform all such acts and promulgate all legislative measures
which have been consistently recognised by judicial authorities as
falling within the law of necessity, namely: (a) all acts or
legislative measures which are in accordance with, or could have
been made under the 1973 Constitution, including the power to amend
it..."
Zia put that touching faith to work: soon he
mutilated the powers of the judiciary itself, he set up an
alternative structure of Shariat courts -- and used it both to
frighten the populace, as well as to dump inconvenient judges! In
little time he in effect overturned the Constitution -- by mere
grafts and "amendments"! And all that too in a strictly
"constitutional" manner: Article 16 of his "Constitutional Order" of
1981 provided, "The President as well as the Chief Martial Law
Administrator [by the grace of Allah, Zia combined both offices in
himself] shall have, and shall be deemed to have always had, the
power to amend the Constitution"! And the courts cheered him along
-- for ushering in an Islamic order!
That is how Pervez Musharraf can so breezily
proclaim as law what is by the text of the Constitution treason to
be punished by death. "In pursuance of deliberations and decisions
of Chiefs of Staff of the Armed Forces and Corps Commanders of
Pakistan Army," -- an agglomeration unknown to the Constitution --
"I, General Pervez Musharraf, Chairman Joint Chiefs of Staff
Committee and Chief of Army Staff," -- another entity unknown to the
Constitution -- "Proclaim Emergency throughout Pakistan and assume
the office of the Chief Executive of the Islamic Republic of
Pakistan." How convenient!
That is how he can so easily suspend all
legislatures; dismiss all cabinets; place the entire country in the
control of the Armed Forces; declare that the country shall continue
to be governed "in accordance with the Constitution", "as nearly as
may be", and "subject to this Order and any other orders made by the
Chief Executive"; that the courts shall continue to function
"subject to the aforesaid"; that fundamental rights shall continue
in force, to the extent that they are "not in conflict with the
Proclamation of Emergency or any other order made thereunder from
time to time"; that the President shall continue, except that "he
shall act on, and in accordance with the advice of the Chief
Executive"; the courts will continue to discharge their duties,
"provided that the Supreme Court or High Courts or any other court
shall not have the powers to make any order against the Chief
Executive or any person exercising powers or jurisdiction under his
authority," they shall continue to discharge their functions except
that "No judgment, decree, writ, order or process whatsoever shall
be made or issued by any court or tribunal against the Chief
Executive or any other authority designated by the Chief Executive";
that all laws shall continue in force "until altered, amended or
repealed by the Chief Executive or any other authority designated by
him" But this is not Martial Law, he declares in his television
address!
That is why he can impose a structure which is
wholly outside the Constitution, he can acknowledge plainly that he
is setting the Constitution aside -- I had to choose between saving
a limb, the constitution, he says, and saving the body, the entire
country -- and yet declare that the Constitution is just being "held
in abeyance".
And there is not a murmur. In fact, on all counts
people are gratified that the Army has rid them of their current
obsession -- Nawaz Sharif!
That is one reality we must bear in mind the next
time we have to deal with a civilian ruler of Pakistan. The second
is the sea-change in the nature of the Army itself: over the decades
it has become progressively Islamic. The change in its motto has
indeed been symbolic: Jinnah had given the Pakistan Army, "Unity,
Faith, Discipline" as its motto; Zia replaced it with, "Faith,
Piety, Jihad". By now two other factors have pushed it further in
that direction: first, it has spawned, and is now intricately
entwined with extremist jihadi groups; second, like them, and with
them, it is enmeshed in the one flourishing enterprise of Pakistan
-- the trade in drugs.
More important, this jihadisation of the Army
itself is but a reflection of the jihadisation of Pakistani society
as a whole. Indian liberals interact with the liberals there, and
assert that Pakistan has a liberal core: but the latter are an
inconsequential, minuscule minority. Moreover, many of them have the
closest possible social and family ties with high-ups in the Army.
Pakistani liberals often counter by saying, "But the fundamentalists
have never received more than 3 per cent of the vote, and look at
India -- you people have handed over the entire government to
fundamentalists." In fact, no party in India works for establishing
the sort of theocratic State to which every party in Pakistan is
pledged. And these parties -- to say nothing of the liberals -- do
not set the agenda: that is set by the heirs of Maulana
Maudoodi.
This progressive Islamisation / jihadisation of
Pakistani society and State has had the predictable consequence. It
is the jihadi version of Islam which is the touchstone for every
move. When a ruler grabs unjustifiable power, he announces Islamic
steps to legitimize his dictatorship, Zia being the textbook case.
When a ruler runs into difficulties, he announces further
"Islamization": from Bhutto in 1977 to Nawaz in 1999.
And as far as Pakistan is concerned, the essence of
jihadi Islam is to humiliate and defeat and break India. "Allah ke
bagiyon ko mazkaraat se nahin, jihad se he khatm kiya ja sakta hai,"
the Ausaf of 5 October quotes the Amir of Markaz Daawa wal Irshad,
Hafiz Muhammad Sayed as declaring: "those rebelling against Allah
can be finished not through dialogues but jihad". The entire earth
has to be liberated from the rebels of Allah and their evil, he
tells the gathering in Islamabad, polytheists can be eliminated
through jihad alone -- and the proof of this is that polytheists
were annihilated in Kashmir in spite of the nexus among all the
infidels of the world on this front. Talks inflict a setback on
jihad, it quotes the Amir of Al Badr, Saifullah Amin as declaring,
and keep mujahidin from their destination. The Hindu bania
understands the language of the gun alone...
That pitchforks Pakistan into a dilemma, of course.
It is in dire economic straits: as Musharraf said, it has "hit
rock-bottom." It is literally living from day to day -- not even on
loans now, but on the rescheduling of its repayment obligations for
what it has borrowed in the past. Its foreign exchange reserves are
down to five weeks' imports, foreign direct investment as well as
remittances from abroad continue their precipitous decline,
portfolio investment has been registering a net outflow, Even though
the donors had agreed to a generous rescheduling package enabling
Pakistan to postpone repayments until the end of 2001, month after
month, the IMF has been compelled to postpone releasing tranches
that Pakistan needs immediately. July, then September, then
"probably November."
This condition circumscribes options, as is evident
from Musharraf's address: he chose to speak in English, not
Arabicised Urdu; he has styled himself "Chief Executive" not, as Zia
had done, "Chief Martial Law Administrator"; he has asked the ulema
to counter the extremist version of Islam. But the more he does to
allay apprehensions of the West, the more he abides by
conditionalities that IMF etc. will demand, the more he opens
himself to the charges that were pasted on Nawaz Sharif: that like
him, he is being "pro-India, pro-West, anti-Taliban, anti-jihad." On
the other hand, like every single Pakistani ruler before him, to
survive, he will have to don more and more Islam. But the more
Islamic he becomes, the more he will risk alarming the West further.
A bind that should ensure some latitude for us.
There is also the "positive side," so to say. By
their demonology they are already pushing closer to us those with
whom we should be collaborating. "Allah ne hamari zimmedari lagayee
hai," the Ausaf of 7 October quotes the Secretary of Foreign Affairs
of the Lashkar-e-Tayyiba declaring, "ki duniya se Isayiyon,
Yahudiyon, Hinduyon aur dighar taghooton ki saltanaton ko Allah
Akbar ke zarab se pash kar den" -- "Allah has placed a special
responsibility on us to eliminate Christians, Jews, Hindus and other
evil forces from the world with the blow of Allah Akbar. The USA and
other devilish [taghooti] forces are striving to root out jihad from
this region" -- they will be crushed, it reports him as proclaiming.
"Clinton ko kisi Musalman ka ghulam aur Hillary Clinton ko kisi
Musalman ki laundi hona chahiye tha," the paper reports him saying:
"Clinton should have been the slave of some Musalman (Muslim), and
Hillary Clinton should have been the keep of some Musalman." The
Jasarat of 11 October has Maulana Fazal-ur-Rahman, the Chief of the
Jamiat Ulema-Islam, declaring Americans to be hypocrites: when
militants fought against Russia, Americans honoured them as
mujahidin, he declares; when they fight against Hindus to save
Muslims from Indian tyranny, Americans dub them terrorists; America
is responsible for sectarian killings in Pakistan; under pressure
from the Americans the Government [of Nawaz Sharif] is indulging in
baseless propaganda against the Taliban, and paving the way for
America to invade Afghanistan...
We must not be misled by Musharraf's empty gesture
of "troop withdrawal from the international border" -- as the
Security Advisor to the Prime Minister has pointed out, this
withdrawal had been agreed upon at the meeting of army officers in
July itself. Nor by his offer of "unconditional talks" -- in the
same address he has declared that Pakistan's "moral, political and
diplomatic support" to insurgents in Kashmir will continue -- as
Pakistan has never acknowledged that it has been giving any other
manner of support, this means that all that it has been doing in
regard to Kashmir will continue; he has also repeated in the address
that India must ensure "self-determination for the people of
Kashmir".
It would be criminal, therefore, to be misled
again. Instead we should base our responses on four realities:
first, the jihadisation of Pakistani State and society as a whole;
second, among sections of society, the Army is more fervently
committed to jihad against India than almost any other section -- as
Musharraf and his colleague, General Aziz, told each other in the
Kargil tapes, the Army has the tuft of the extremist organizations
in its hand; third, power now is entirely in the hands of this
jihadi institution, the Army; fourth, within the Army, power has
fallen to the architect of the Kargil operation.
Israel, with its accustomed clarity, sees the
nature of Pakistan. Even the USA is being nudged from its
make-believe. But several factors keep it from opening its eyes
fully. Its notions of political correctness. The intertwining webs
with Pakistan forces and agencies which have been spun over fifty
years. The rich man's presumption that everyone can be de-fanged by
some doles. The new rationalization: Pakistan is a nuclear weapon
State -- if we let it sink, those weapons will fall into the hands
of raving lunatics...
So, while in a sense Pakistan itself is preparing
the ground for cooperation between India and other countries --
Israel, USA, Russia, Iran and others -- there is a lot of work to be
done. Musharraf's coup supplies both -- an opportunity as well as an
urgency to the
task.