SC order makes it impossible for Zardari to do politics as president
ISLAMABAD: The Supreme Court’s short order on unlawful distribution of funds by the Inter-Services Intelligence (ISI) among the politicians in 1990 has made it impossible for President Asif Ali Zardari to continue as co-chairman of the Pakistan People’s Party (PPP) or carry on his political activities. His refusal to stop these activities “may lead to an action against him under the Constitution and the law”.
The order makes it clear that a president must be non-partisan, neutral and not tilted towards any political party or group and has to treat all people even-handedly, as he, being head of the State in the parliamentary system of government, represents the unity of the Republic.
Without naming Zardari, the order, setting a principle, said as per the oath of his office, a president in all circumstances will do right to all manner of people, according to law, without fear or favour, affection or ill-will. Thus he violates the Constitution if he fails to treat all manner of people equally and without favouring any set and as such creates or provides an occasion which may lead to an action against him under the Constitution and law, it said.
At another point, the order said the president, chiefs of the army and ISI or their subordinates certainly are not supposed to create an election cell or to support a political party or group of political parties because if they do so, the citizens would fail to elect their representatives in an honest, fair and free process of election and their actions would negate the constitutional mandate on the subject.
A recent decision of the Lahore High Court (LHC), expecting Zardari to choose between his two positions – the president and the PPP co-chairman – and keep the dignity of the office of the president away from political controversies, is already unimplemented, and contempt proceedings are in progress.
There is also a stern message for the ISI and Military Intelligence (MI) as the short order ruled out any political job by them, saying that they have no role to play in political activities or politics for formulation or destabilization of political governments nor can they facilitate or show favour to a political party, group of political parties or politicians individually in any manner, which may lead to his or their success.
The order has also something for the PPP to rejoice, though very belatedly, as it gives credence to some allegations, leveled by Benazir Bhutto about the 1990 general elections fought by it under her leadership. It said those polls were subjected to corruption and corrupt practices as in view of the overwhelming material produced by the parties before the court, it has been established that an election cell was created in the Presidency, which was functioning to provide financial assistance to favoured candidates, or a group of political parties to achieve the desired result by polluting the election process and to deprive the people from being represented by their chosen representatives. Benazir Bhutto used to say that the elections were “stolen”.
The cell, the order said, established to influence the elections was aided by army chief Aslam Beg and ISI chief Lt-Gen Asad Durrani, who participated in its unlawful activities in violation of responsibilities of the two establishments as institutions, which is an act of individuals but not of institutions represented by them.
Durrani has always pontificated in TV chat shows on national affairs from a very high moral ground, but the short order exposes his real face when he worked as the spymaster, dancing to the tunes of the then president.
It came out to be a rare order, directing action against former army and ISI chiefs, who have otherwise been always treated as sacred cows about their acts of commission or omission that they committed while in office.
The apex court threw the ball in the court of the government (Federal Investigation Agency) to initiate legal proceedings against Beg, Durrani, Younis Habib, and politicians, who allegedly received donations to spend on election campaigns. But it stressed that the probe must be transparent. The names of some political figures like Nawaz Sharif, who are intensely hated by the government, always figured in this group.
SC order makes it impossible for Zardari to do politics as president