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SPOTLIGHT: Let us hope this never happens to a VVIP family: Executive somersault on NRO...

BY : WAJID NAEEMUDDIN



ARTICLE (March 02 2010): The government and its law ministry appear to be playing games with the judiciary. Among other things, the 17-member bench of the Supreme Court, in its judgement of 16 December 2009, had unanimously expressed dissatisfaction with the performance of the NAB and had ordered that the NAB Chairman, the Prosecutor General (PG) and the Deputy Prosecutor General (DPG) be dismissed.

After sitting on these orders for nearly two months, the NAB chief carried out the court order in respect of the DPG, which was within his powers and moved the summary for dismissal of the PG to the Prime Minister as required under the rules. This, after the court threatened him with coercive action, including stoppage of his salary, if he failed to carry out the court's orders immediately!

As for the Chairman himself, a very ingenious line appears to have been taken by the executive whereby it is made to appear that the court order is being complied with, but in fact the very spirit of the order is defeated. Declared the PM that for removing the NAB Chairman, either his case for dismissal would need to be referred to the Supreme Judicious Council (SJC), or alternatively, in PM's view, he could resign. We have no idea if the resignation is available as an option.

The Chairman resigned and in a very odd move, the President accepted his resignation but asked him to continue till (no timeframe mentioned) a replacement was in place. This has the effect of totally negating the order of the court, which had wanted to see a more effective and forthright person at the helm of the NAB than the outgoing one. Let us see what the court has to say about this development.

The government has also moved a revised review petition on the NRO judgement, belatedly defending the infamous ordinance, which amounts to a comprehensive somersault by the government from its position all along (ever-since the fiasco in the Parliament when MQM refused to go along with the government on NRO), not to defend the NRO.

The revised review states that the NRO benefited Sharif brothers as well since it made possible their return to the country and introduction of civilian rule. The revised petition also takes a direct swipe at the CJP by reminding him that he was part of the Supreme Court bench, which validated Musharraf's actions of 2000. Back to square one with more legal hair-splitting to occupy the government and the judiciary?

Meanwhile, a new law is on the anvil in Switzerland whereby the Swiss government may return ill-gotten money from other (usually corrupt) countries lying in the Swiss banks, to the countries from which they were pilfered. If this materialises, it would indicate a change of heart on the part of the Swiss government, which is frequently accused of attracting corruption money to enrich its banking system or at least looking the other way while this is happening.

It could also prove to be a boon for countries like Pakistan a lot of whose stolen money is stashed away in foreign banks behind smoke screens of various kinds. If the move goes through, will the Swiss government move unilaterally in case of our (Swiss cases) money lying with it, without a formal request from the government of Pakistan (which is doing everything possible to avoid making one), it remains to be seen?

Rickshaw birth or protocol baby: Let us hope this never happens to a VVIP (What does the term mean, anyway) and his family! Try to imagine the scene! The traffic had been stalled for hours on a very busy road in Quetta. There was a huge traffic jam at a number of crossings as a result of all traffic having been blocked to give clear passage to President Zardari, who was to pass along the main road on his way from the airport to the venue of an official function.

A rickshaw carried a man - a poor labourer - and his pregnant (about to deliver) wife on their way to Civil Hospital, and, blocked by police, could not proceed further. The man pleaded with the traffic police to be allowed to go on in view of an emergency on his hands.

His wife was suffering birth pangs in the narrow confines of the rickshaw on an otherwise busy road jammed with traffic stalled for several hours now. A mother and her about-to-be-born baby were at grave risk to their lives. But the policemen blocking the traffic, were not moved.

Their only thought was that President Zardari and his huge entourage, due to pass that point along the road, should have the otherwise busy thoroughfare all to themselves and thus be able to move along at super speed without the least inconvenience.

Finally, the inevitable came to pass and the poor mother gave birth to a child within the confines of the rickshaw in the public place, surrounded by hundreds of people also stalled in the gridlock! Allah be praised that no harm came to the mother and child though the pain, distress and humiliation they must have suffered for several hours defies imagination! The reactions from the rulers were interesting.

President Zardari moved soon in damage limiting action to express sorrow, offer an apology and announce a gift of Rs 500,000 for the "Rickshaw Baby," which was well received by the obviously very poor family. He also ordered an inquiry into the mater and, according to a report, commented: "alternative routes must be provided to ensure that the people do not suffer".

Meanwhile, some five hundred miles to the south, the Prime Minister was causing another traffic standstill on the main roads of Karachi at about the same time, when traffic was stopped at scores of places to allow his hundred plus car encourage to "whoosh" quickly along in ease and comfort.

Talking to a gathering soon after, the PM came forward to defend the President's by playing down the whole incident and quipping that births take place where Allah wills or words to that effect and that, births take place in similar circumstances even without the VVIP protocol having anything to do with it. The audience laughed in appreciation and the PM joined the mirth with a beautiful smile!

For shame! Subsequently, perhaps taking cue from the Presidential gesture, the PM also came forward with an offer to meet all educational expenses of the "protocol baby" up to graduation. Next in line, Balochistan Chief Minister Raisani ordered an inquiry into the matter. "It's outrageous" he said adding "people suffer unduly whenever a top government official moves". (surprise, surprise!)

The remarks and moves by our rulers clearly betray their hypocrisy and short sight vision. Can they not surmise for example, that if one hundred thousand people are forced to stop in their tracks on roads and prevented for several hours from proceeding to wherever they were going, would not at least half of them (or fifty thousand persons) be acutely inconvenienced?

Would it not be reasonable to deduce that by the same token, at least ten percent (ten thousand persons) would face losses of various types by missing a flight, an appointment, an interview for a job, an examination and so on? Would we be far out in our guess that at least three or four people (out of one hundred thousand stalled) would suffer some grievous, irreparable loss of one kind or another as a result of being suddenly stopped in their tracks for hours every time a VVIP motorcade must be given the royal right of away?

Does it need the drama and near disaster of a "Rickshaw" birth or equivalent for our rulers to "take notice" of the misery of the people on one side and their over concern for self security on the other and to show sensitivity to the sufferings of the people they promised to serve when they sought their votes? If so, then our rulers are unfit to rule, judged by any standard.

The much postponed NA-55 election: Sheikh Rashid is always "good copy" for the media. For the anchor persons of many TV channel, he appears to be a panellist of choice. (I have always wondered if the panellists are compensated by the channels for the time they spend in to-and-fro and in actual discussion). And no wonder! Sheikh Sahib is very articulate, has a "presence" and comes out loud and clear with his views - a loud mouth, if ever there was one!

He has not only fought court battles against the Punjab provincial government for causing the elections to be postponed, but conducted a marathon campaign spread over best part of a year. Watching him on TV, one got a feeling now and then that he got rather carried away during his debates.

In one discussion when it was suggested that he participate in a debate with Hanif Abbasi of PML-N, he declined haughtily, and said with open disdain that he considered Abbasi to be not his peer (not at his level). Sheikh Rashid kept eagerly demanding instead that he would want a debate with Chaudhry Nisar Ali whom he considered to be of stature comparable to his own.

This was in poor taste and his defeat by a wide margin by a fairly junior and not very articulate opponent, should be a bitter pill for him to swallow. On February 24, 2010, PML-N candidate Malik Shakeel Awan with over 77,000 votes in his bag defeated the local man of long standing and chief of the Awami Muslim League Sheikh Rashid by a margin of nearly 29,000 votes.

The election was given much importance and heads of four political parties - the other two being Jamaat-e-Islami and Tehrik-e-Insaf - addressed election meetings on the last day of the campaign. JI, which secured some 7,500 votes and TI, which could bag 4,000 tested political waters after a long gap and will no doubt draw appropriate conclusions to guide them in the immediate future as more bye-elections are scheduled.

Sheikh Rashid's votes must have included a sizable chunk of the PPP votes, in view of the way the PPP workers and flags were waving in large numbers in the Sheikh's meetings. The wily Sheikh started his main speech on the occasion with the slogan Jiyay Bhutto after having first gone to the site where BB was assassinated to offer Fateha.

He, no doubt, had his eyes on the PPP vote and various estimates - 10,000 to 20,000 - are bandied about as the quantum of the PPP share in the total of approximately 48,000 votes that were cast in his favour. Due to COD agreement, the PPP could not field its candidate for this "PML-N seat" but appears to have supported Sheikh Rashid informally.

Sheikh Rashid also had the backing of PML-Q, but there is some doubt whether it did him any good. In his election eve speech, Nawaz Sharif tried to portray Sheikh Rashid as a rolling stone and a turncoat, who proved untrustworthy time and again. Shakeel Awan spoke in the same vein.

Sheikh Saheb has seen many ups and downs in his political career. A 6-time winner in the constituency, he lost so badly against PML-N's Javed Hashmi in the 2008 elections that he even lost his deposit! Hashmi then vacated this seat in preference to one of the three more he had also won. The vacated seat was won then by Haji Pervez of PML-N, who had to resign following an impersonation scandal. A TV channel kept reminding the viewers on the election day, about the nasty things Sheikh Rashid had said on various occasions in the past against the Bhutto family.

Sheikh Rashid had been making allegations against the Punjab government, of using state resources to help his main opponent and kept up the tirade right up to and including the election date on which he alleged that rigging was practised against him on a massive scale.

But these allegations appear to have been unfounded since the media, which was freely covering the voting process, did not see any irregularities worth the name. Sheikh Rashid worked very hard and carried out a year-long sustained campaign single handedly. His 48,000 votes despite the PPP part in it are a tribute to his resilience and organisational skills. Let us see if he can survive the latest setback to his political career.

The PM continues to falter! Yet once again the PM embarked last week on his latest periodic reconciliation mission (over breakfast this time) to Raiwind, the PML-N chief's royal seat. The meeting (briefly mentioned in Spotlight of 23 February 2010) took place in the backdrop of the NAB opening old cases against the Sharif family members, including the PML-N chief and the Punjab Chief Minister as well as that of the judiciary pressing forcefully on with the Swiss case.

During the last few weeks, the relations between the two main political parties had considerably worsened when Nawaz Sharif called President Zardari "a threat to democracy" when the latter ran foul of the judiciary in a precipitous manner. In the meeting, there was no cheer on the faces of the Sharifs and Gilani - political foes with otherwise soft corner - feigned or real - for each other.

Very revealingly it was reported that during the meeting, the PM suggested that Nawaz Sharif "not lay stress" on the Swiss cases against President Zardari. In return as Quid Pro Quo, Gilani is reported to have offered not to proceed, on NAB cases against the Sharif family!

However, after the meeting, talking before reporters, the PM appeared to indicate that he was not fully aware of the NAB cases in question, and said that the cases were not opened by his government and further that he would look into the matter.

Four cases of corruption against the Sharif for a total (corruption) amount of nearly Rs 2 billion, which had been adjourned sine die in September 2007 after the Sharif family was deported to Saudi Arabia, were moved for reopening by the NAB on 17 February 2010 and were scheduled for hearing on 22 February 2010, ie a day before the PM's visit to Raiwind.

It will take considerable stretch of imagination to accept that the PM was unaware of the NAB move in this sensitive matter. It is only right that all pending cases should be brought before the courts, heard and decided without any exception. If the reports about the deal offered are correct, this would be rightly considered as disgraceful.

Ever-since the PM has decided to hitch his wagon to the Zardari star, he appears to be faltering with cyclic regularity - one misstep after another! As we write these lines, TV channels have reported PM Gilani as expressing regrets over some of his remarks considered objectionable. Well, better late than never.

(owajid@yahoo.com)

Copyright Business Recorder, 2010

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