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Judicial Coup in Pakistan

RiazHaq

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A coup is still a coup regardless of who removes a duly elected government by unconstitutional means. Prime Minister Yousuf Raza Gilani's government did not lose a vote of confidence in parliament, nor was he impeached. He has been overthrown by three unelected and unaccountable judges of Pakistan Supreme Court.

The action of the three-member bench of the Supreme Court is being seen as a power play to assert its view that it is better suited to represent the people of Pakistan than those they have chosen to elect themselves.

There is no question that, in their genuine zeal to tame widespread government corruption, Pakistan's top judges have run amok by usurping powers for themselves that were never intended for them by the framers of the constitution. It's clearly a case of ends justifying the means. The timing of the judgment also raises questions as it comes just days after billionaire businessman Malik Riaz Husain accused the Chief Justice’s son of accepting millions in bribes to swing cases. There are also significant issues of precedent. The judgement cites, for instance, two Indian court cases. Both the Rajendra Singh Rana vs Swami Prasad Maurya case and the Jagjit Singh vs State of Haryana case deal with the disqualification of members of State Assemblies on charges of defection which cannot serve as precedent for removing a Prime Minister or even a Chief Minister.

So why is it that the majority of the people appear to be welcoming it? Is this situation any different than the welcome extended to military coup leaders who overthrew incompetent and corrupt civilian governments in the past?

The main difference between this judicial coup and the past military coups is that this coup will not result in any real progress in improving governance and solving serious problems of energy, economy and security. President Zardari will still be in change, and he will likely appoint another prime minister of his party and the business will continue as usual.

If it were a military coup led by an Army general, the history tells us that there would be serious and immediate attention paid to improving governance, resuscitating the economy and resolving the worst ever energy and internal security crises in Pakistan's history. The military governments have delivered better governance and higher economic growth by ending the corrupt system of political patronage that is central to civilian rule, and by putting non-political technocrats in charge of the most important ministries. Here's how eminent Pakistani economist late Dr. Mahbub ul Haq described the difference between political and military governments in a 1988 interview:

"Growth in Pakistan has never translated into budgetary security because of the way our political system works. We could be collecting twice as much in revenue - even India collects 50% more than we do - and spending the money on infrastructure and education. But agriculture in Pakistan pays no tax because the landed gentry controls politics and therefore has a grip on every government. Businessman are given state loans and then allowed to default on them in return for favors to politicians and parties. Politicians protect corrupt officials so they can both share the proceeds.


And every time a new political government comes in they have to distribute huge amounts of state money and jobs as rewards to politicians who have supported them, and short term populist measures to try to convince the people that their election promises meant something, which leaves nothing for long-term development. As far as development is concerned, our system has all the worst features of oligarchy and democracy put together.

That is why only technocratic, non-political governments in Pakistan have ever been able to increase revenues. But they can not stay in power for long because they have no political support...For the same reason we have not been able to deregulate the economy as much as I wanted, despite seven years of trying, because the politicians and officials both like the system Bhutto (Late Prime Minister Zulfikar Ali Bhutto) put in place. It suits them both very well, because it gave them lots of lucrative state-sponsored jobs in industry and banking to take for themselves or distribute to their relatives and supporters."


As a result of their different management style, the military governments have a history of delivering significantly higher economic growth than the civilians who follow them. The highest economic growth in Pakistan has occurred under former Presidents Ziaul Haq, Ayub Khan and Pervez Musharraf, in that order. The next two are somewhat surprising: Benazir Bhutto comes in at fourth place and her father Zulfikar Ali Bhutto is not far behind. Nawaz Sharif comes in at seventh place, while Zardari is in last place among ten rulers.


During the most recent military government led by President Musharraf from 1999-2008, Pakistan made strides beyond higher GDP growth. There was significant social development as well. Based on volumes of recently released reports and data on job creation, education, middle class size, public hygiene, poverty and hunger over the last decade, Pakistan created more jobs, graduated more people from schools and colleges, built a larger middle class and lifted more people out of poverty as percentage of its population than India in the last decade. And Pakistan did so in spite of the huge challenges posed by the war in Afghanistan and a very violent insurgency at home.

Is there a democracy discount for economic and social development that Pakistanis have to live with just to have more freedom and rights? If so, how much of a discount are they willing to accept? Is it 20% or 50% of the average growth rates delivered by military rule? Or do they have to accept any discount at all? Is it possible for Pakistani politicians to learn any lessons from Turkey's leaders Erdogan and Gul who have demonstrated significant economic bonus relative to their predecessor military governments? Can Pakistani politicians deliver like their Turkish counterparts have to win the respect and support of the electorate? Only time will tell.

Haq's Musings: Welcome Judicial Coup in Islamabad?
 
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A coup entails taking over. Judiciary has not taken over, it has disqualified someone from parliament based upon the constitution that was made by the law makers of Pakistan and that someone just happened to be the PM.

This is not for some mass improvement in Pakistan, this is the result of committing crimes and paying for them.

Calling it a coup is a horrendous conclusion and a typical PPP ploy of victimization. You want to lend an assist to that, go ahead but its something that no one sane and rational can agree to.
 
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it is not a coup, he was making fun of judiciary by not obeying its orders. he paid for it.
 
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There was a recent incident happened in Germany when the German President was asked a question on the TV channel that he mortgaged the property on lower interest rate comparing to standard price of the bank by using his Presidential powers or personal contacts with the bank and he was not able to give a satisfactory answer. Later the controversy started like a wild fire and the President had to resign when the parliament requested to lift his immunity so he could be prosecuted in the judicial courts and the truth may prevail. That was a minor incident and the charges against him would have gone unnoticed in Pakistan but he had to go through the judicial process and clear his name from the court of Law. Guilty or not guilty was secondary but the President could not hold his office just on the bases of an allegation.

Why can't this happen in Pakistan? Why the Prime Minister should continue to occupy the post after continually ridiculing the Judiciary in the TV channels and by confrontation with judiciary for 4 years by appointing ineligible people to higher posts and humiliating himself in the public. What wrong did the judiciary do by removing a corrupt politician who was allegedly involved in many corruption cases and his appointed ministers were either sentenced or still facing the corruption charges in the higher courts. Why couldn't they disqualify a person who was only safe because of his immunity as a Prime Minister and now will soon be facing trial for many corruption cases against him. What kind of Judicial coup is that when the parliament itself remains effective and only one corrupt person is sent home for not abiding by the constitution of Pakistan.
 
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There was a recent incident happened in Germany when the German President was asked a question on the TV channel that he mortgaged the property on lower interest rate comparing to standard price of the bank by using his Presidential powers or personal contacts with the bank and he was not able to give a satisfactory answer. Later the controversy started like a wild fire and the President had to resign when the parliament requested to lift his immunity so he could be prosecuted in the judicial courts and the truth may prevail. That was a minor incident and the charges against him would have gone unnoticed in Pakistan but he had to go through the judicial process and clear his name from the court of Law. Guilty or not guilty was secondary but the President could not hold his office just on the bases of an allegation.

Why can't this happen in Pakistan? Why the Prime Minister should continue to occupy the post after continually ridiculing the Judiciary in the TV channels and by confrontation with judiciary for 4 years by appointing ineligible people to higher posts and humiliating himself in the public. What wrong did the judiciary do by removing a corrupt politician who was allegedly involved in many corruption cases and his appointed ministers were either sentenced or still facing the corruption charges in the higher courts. Why couldn't they disqualify a person who was only safe because of his immunity as a Prime Minister and now will soon be facing trial for many corruption cases against him. What kind of Judicial coup is that when the parliament itself remains effective and only one corrupt person is sent home for not abiding by the constitution of Pakistan.

That's why I am saying to say that Judiciary should have waited for vote of no confidence proceedings is wrong, since that can be done before a conviction just on the basis of allegation, but once a conviction has been made then there is no question its an automatic disqualification.
 
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its plain and simple a PM whose job is to implement the rule of law, cannot be seen deliberately breaking it.
 
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It is the PPP government which pushed things to the brink by not acting on Zardari's cases. This is an extra-ordinary case. When Gilani refused to send the request for investigation, people called it a political move. Some even called it heroic and said that this 'political' move is to avoid the hours of airtime the investigation will take on Pakistani news channels. But the truth is, it is not just a political or technical matter. At least when the Supreme Court decided that Zardari has no immunity, it has become a constitutional matter. Gilani also might have thought that he was a hero for PPP. He just let the constitutional dilemma hang assuming that the SC won't do anything to, in his supporters' words, harm the democracy of Pakistan. Time to go now. Enough hiding under democracy. If the SC let this go now, then for decades, this would be used as a precedent(You know the lawyers, they refer to a bunch of similar cases in the past to plead for a verdict).

4 + years is a good enough trend to set for democracy. Besides only the concerned individual is disqualified. I don't see any coup coming from the army.

That's why I am saying to say that Judiciary should have waited for vote of no confidence proceedings is wrong, since that can be done before a conviction just on the basis of allegation, but once a conviction has been made then there is no question its an automatic disqualification.
It is useless to hope for a no-confidence motion in our countries to be successful when needed. Power politics and part whips will make sure their guy stays in power however corrupt or guilty he is.
 
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It has happened by the right authority and according to the written constitution made by law makers. Article 63 g is clear that a member may not hold a position till 5 years since his release.

The word coup - in this sense is a betrayal to reality and playing in the hands of sysasi shaheed - PPP.
 
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Removal of an elected prime minister by unelected and unaccountable judges is unprecedented in any parliamentary democracy anywhere.

So there are significant issues of precedent. The judgement cites, for instance, two Indian court cases. Both the Rajendra Singh Rana vs Swami Prasad Maurya case and the Jagjit Singh vs State of Haryana case deal with the disqualification of members of State Assemblies on charges of defection which cannot serve as precedent for removing a Prime Minister or even a Chief Minister.
 
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Removal of an elected prime minister by unelected and unaccountable judges is unprecedented in any parliamentary democracy anywhere.

So there are significant issues of precedent. The judgement cites, for instance, two Indian court cases. Both the Rajendra Singh Rana vs Swami Prasad Maurya case and the Jagjit Singh vs State of Haryana case deal with the disqualification of members of State Assemblies on charges of defection which cannot serve as precedent for removing a Prime Minister or even a Chief Minister.

SC did not remove the PM, they followed the course of law as outlined by the constitution according to which convicts cannot hold Government positions for so many years. I believe the SC should also take a suo moto notice of:

1 - Breach of Constitution and Obligatory Duty by the speaker National Assembly, Fehmida Mirza, for failing to act upon the constitution and for not forwarding a disqualification case to the CEC against the PM.
2 - Chairing of political meetings and heading the political party PPP(P) by the President, Zardari which is clearly a breach of constitution which states that the president would be a symbol of the state and not that of a political party.
 
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Removal of an elected prime minister by unelected and unaccountable judges is unprecedented in any parliamentary democracy anywhere.

So there are significant issues of precedent. The judgement cites, for instance, two Indian court cases. Both the Rajendra Singh Rana vs Swami Prasad Maurya case and the Jagjit Singh vs State of Haryana case deal with the disqualification of members of State Assemblies on charges of defection which cannot serve as precedent for removing a Prime Minister or even a Chief Minister.

The court did not disqualify a Prime Minister but the MNA. Prime Minister was consequently disqualified after losing his seat as MNA. It is nothing ordinary in this case. Fiana Jones for example was disqualified and later restored by the court in UK. Some references were given by the Chief Justice in the disqualification of Former Prime Minister of Pakistan and if you search on Google you will find many more cases. Here is a list of Members of Parliament disqualified for one reason or another and some of them were disqualified by the Election Commission/Courts after they had been elected as member of Parliament.

http://www.parliament.uk/documents/foi/foi-discqualified-MPs-Response-F11-468.pdf

If you search Google you will find it for many countries so just a normal procedure in the world. The court has the right to restore or disqualify any person wherever it deems appropriate. Nobody is above the law. If the MNA kills somebody or found guilty in 'something' is that mean he is free to roam around and cannot be challenged in the court? Nobody is completely immune in the civil societies.
 
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is iftakhar choudhary not a pco judge? When nawaz sharif attecked on supreme court was that not a toheen e adalat? Nro has 8 thousad cases why cj opening only ppp case? On nawaz sharif there are 48 case opening in sc why cj not taking any action on nawaz?
 
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