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. |
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