Move directed against judiciary, media
LAHORE – While President Gen Pervez Musharraf has not tinkered much with his political agenda, the main brunt of the emergency and PCO proclaimed by him will be borne by none other but the judiciary and the media, both considered as thorn by the government.
Unlike past this time the legal and constitutional experts found the new PCO as mainly judiciary and media specific. Aim behind the imposition of emergency and new PCO, which has been likened with civil martial law, if not the real martial law, imposed by Zulfiqar Ali Bhutto, is to create a more friendly and pliable judiciary and more responsible media. It is yet to be seen as what kind of curbs are being applied to media including the Press.
Under the new arrangement, all the judges of superior courts will be required to take new oath. This measure alone will ensure the exclusion of all the judges considered hostile towards the Presidency and government from the future dispensation. It seems this time that the government itself will pick the judges to take oath.
Justice Abdul Hameed Doggar has already taken oath as the Chief Justice of Pakistan. With the appointment of new Chief Justice, now all eyes are set on the judges who are in, being picked to take oath and who are out, being purged with the enforcement of PCO.
Already, the judiciary has resisted the imposition of emergency. A seven-member bench of SC has set aside emergency and asked the civil and military officials not to implement PCO.
An overwhelming majority of judges has not taken oath as yet. All of them who did not take oath or have not been invited to take oath will no more be part of the judiciary from now onwards. There are also reports that several judges are under house arrest in Islamabad.
The legal and constitutional implications of the ruling setting aside the emergency are not clear. It is not clear either at this stage what will happen to the SC ruling that has declared the emergency ultra vires.
The judiciary-Executive relations were far from easy in recent times. The Judiciary has given a number of decisions that were embarrassing for the government. The proclamation of emergency has come at a time when a larger bench of SC was about to give a verdict whether President Musharraf was eligible to contest presidential election or not.
There was a strong perception among the President’s aides that the SC’s decision will be overwhelmingly against President Musharraf.
The enforcement of emergency and PCO is considered in political circles a move to pre-empt the SC from giving verdict against the President. Besides, the government also wants a smooth sailing with no irritants in its way The case of missing people being heard by the apex court was also problematic for the government, especially with Chief Justice pressing the agencies to recover and produce before the apex court all the missing people.
As the government proclaimed emergency, the transmission of all the local TV channels were stopped. Many analysts believe that it was the first blow to the media after clamping emergency. More is in-store for the media as the government has made certain changes in the Press and Publication Ordinance.
While the main brunt is borne by the judiciary and media, the government has not tinkered with its political agenda. Sources claimed that elections would be held as per schedule. There are reports that they will be held on December 28. The caretaker set up will assume the charge from November 13. Though constitution is suspended, interestingly the assemblies are intact.
Even the politicians, from opposition were not touched by the agencies and police.
Even Benazir Bhutto returned home cutting short her visit of Dubai. The political circles are not sure whether she has come as part of any deal or to lead an agitation against the decision to enforce emergency in Pakistan. Reports of Shahbaz Sharif returning are also there.
Source: The Nation
Date:11/4/2007
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