This article discusses the fate of the Rule of Law movement after the betrayal of Pakistan People Party. After attempting a SWOT analysis of the movement, the article concludes that this movement is like a sieve. It is separating wheat from chaff. The latest chaff is PPP. Now the formula for the success of this movement is ‘Move on minus PPP!’

by Dr. Khalil Ahmad

Truth, Sir, is a cow which will yield such people no more milk, and so they are gone to milk the bull.
-Samuel Johnson

Introduction

The article, Now it is minus PPP, discusses the fate of the Rule of Law movement after the betrayal of Pakistan People Party. After attempting a SWOT analysis of the movement, the article concludes that this movement is like a sieve. It is separating wheat from chaff. The latest chaff is PPP. Now the formula for the success of this movement is ‘Move on minus PPP!’

With this, the battle lines are clearly drawn. It needs no pains to convince one that from the very start PPP has been an integral part of the security establishment of Pakistan. Its genesis belies its own raison d’etre. It is such a partner in crime that is hated, lynched and coldly murdered by the main culprit. But it is still ever more ready to collaborate with it. Even after losing its founder and his two sons, and now his daughter, a popular controversial leader, the PPP is still serving its master at the cost of committing a treachery of the lowest and meanest grade to its followers and voters, and to the ordinary people of Pakistan.

However, the article argues that instead of wailing over the PPP betrayal, we must acknowledge that the rule of law movement is purer than ever now. It has made its enemies uncover their real faces. It is such a great achievement that must reinvigorate the movement and turn it to rely on its own. Now it contains no chaff; or if there is any, it will be sifted in due course of time.

Also, instead of complaining against its ever newer treacheries, let the PPP and its second line leadership toil to the benefit of Asif Ali Zardari. Let Asif Ali Zardari and PPP serve the interests of the security establishment. Let President Zardari rule Pakistan. All this PPP collaborationism will never be able to deter the rule of law movement from establishing the supremacy of the constitution, and securing fundamental rights to the ordinary citizens of Pakistan. The rule of law movement is the soul of Pakistan. It must succeed to make Pakistan succeed!

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Whenever the constitution of Pakistan or the spirit of the constitution of Pakistan is undermined, fundamental rights of ordinary citizens are undermined.

In its six decades of elitist politics, Pakistan never witnessed such a unique, genuinely democratic and pro-people movement as the on-going rule of law movement is. Now with the betrayal of Pakistan Peoples Party, it has reached a critical juncture. In the wake of this betrayal, especially the re-appointment of a number of Supreme Court and high courts’ judges, it is being claimed that the rule of law movement has failed. This article intends to challenge this claim by attempting a SWOT analysis of the movement.

Since last March 9 till today, there were many such moments when one felt dismayed and defeated. The moments of disappointment exhausted those who were in the forefront and broke the hearts of those who were in the backyards. But the movement continued. It is still alive today.

Let’s first look for the strengths of this movement. No political or religious party ever took up the issue of rule of law in Pakistan; neither any organized group nor any section of society; though here and there talk about rule of law could be heard. Initially, the movement caught its organizers unaware, but soon the light at the end of the tunnel was seen by the leaders of the community of lawyers. They are those who take oath to uphold the rule of law in Pakistan. When they got rallied for a cause, they found a multitude of people gathering around them. This mass of supporters of an independent judiciary also included those who are intellectually and morally committed to the cause, the civil society people.

The moral, intellectual, legal, constitutional uprightness is the greatest strength of this movement. It is universally agreed upon that no democracy can flourish without a constitution ensuring its citizens their fundamental rights and freedoms. So are an independent judiciary and rule of law indispensable to it. The past democratic experiments in Pakistan proved fatal for the ordinary citizens of Pakistan. They were exploited, degraded, humiliated, insulted and crushed at the altar of nationalism and patriotism while the elites luxuriated. Democracy without constitutionalism, without an independent judiciary, without rule of law, and without securing fundamental rights and freedoms to its ordinary citizens, has given birth to an elitist state dominated and headed by its security establishment.

The truth, the educated citizens, and the silent majority of ordinary people of Pakistan, all are on the side of this movement. It is in addition to the international non-governmental acclaim and support. Along with that, the urban groups, especially civil society organizations, professional associations, students, smaller political and religious parties and groups are its allies. Though, presently in order to disrupt their focus on this movement, the elites of Pakistan are making ordinary people target of “conspired, contrived and planned” electricity load-shedding and food shortages, but the recent sit-in call by the Supreme Court Bar Association leadership was responded well by them. Also, it is obvious that ordinary people usually speak via their votes and it is expected that next time they will speak louder than ever.

However, the core strength condition that any such movement must possess to meet success, the rule of law movement already enjoys. It is a minority group of society which is extraordinarily committed, determined, and devoted to the cause. We have an organized and time-tested fraternity of lawyers as the core group of this movement with civil society groups at its periphery. Despite the overt and covert efforts of both the erstwhile dictator and the present civilian democratic betrayers, it stands united.

As far as the weaknesses of this movement are concerned, it is no secret that there were and still are lawyers’ groups which have political affiliations. The most prominent individuals and groups that did the greatest damage to the movement were those which were connected with the PPP. Now it is an exposed section of the movement. The other large political group in lawyers is associated with the Pakistan Muslim League (Nawaz) which is still till this moment committed to the cause of the restoration of judges deposed on November 3, 2007. Thus, for the lawyers, at least in near future, there is no potential internal danger present in the movement.

As for the opportunities available to this movement to be successful, we have very encouraging signs clearly visible to everyone. Of course, who is there who does not want supremacy of the constitution, an independent judiciary, rule of law and security of fundamental rights to every citizen of Pakistan? None, but the enemies, i.e. lackeys of the establishment and their parties such as PPP and their leaders such as Asif Ali Zardari, and their jurists like Farooq H. Nayek.

Another factor that amply provides for the chances of this movement to be successful is the sixty year history of military and civilian dictators’ rule and misrule in Pakistan. The ordinary people have been fooled by these dictators on this or that pretext. One uses Socialism to quench his thirst for power, the other goes for the religion to serve the interest of its constituency. Another uses liberalism to strengthen the elitist state. Yet another, the present one, has got the excuse of “Poverty Alleviation” to deprive the people of Pakistan of their right to justice. They all trampled the constitution and fundamental rights of the people ensured in it. They all tamed the judiciary to make a travesty of the rule of law. However, as a result of this movement, the people of Pakistan know well what the game is. They are prepared to have a Pakistan not meant for these elite classes, but for every Pakistani.

The last thing in this SWOT is threats facing this movement. The uniqueness of this movement lies in its daring character. The inspiration of this movement consisted in an individual’s point blank refusal to the representatives of security establishment of Pakistan. That’s the greatest threat the rule of law movement has. But the 17 month record of this movement is not disappointing. Rather, it is unhistorical and unprecedented in its achievements. Throughout the sixty years, no example of someone looking in the establishment’s eyes can be cited but for this movement. More than that, it forced the erstwhile dictator to ‘peel off’ his uniform skin, announce and hold general elections, and finally to resign in consequence. Also, it is evident that this movement forced the security establishment to move into the back room.

Though, apparently, it seems that the threat to the rule of law movement is millions of times greater and powerful. It has always been so. But the power of the gun can never match the force of resolve and truthfulness. Last few months have demonstrated that well. Moreover, one of the unsung victories of this movement is that the establishment of Pakistan, while besieged by this movement, had no other way but to go for a volt-face. It came to deal with those whom it had discarded once and for all. Not only it brought them back to Pakistan, it cleansed their dirt by an immoral and illegal cleanser, the NRO. Now it is using them as their shield.

From the very first, it has been this writer’s view that this movement is like a sieve. It is separating wheat from chaff. The latest chaff is PPP. Now the formula for the success of this movement is “Move on minus PPP!” With this, the battle lines are clearly drawn. It needs no pains to convince one that from the very start PPP has been an integral part of the security establishment of Pakistan. Its genesis belies its own raison d’etre. It is such a partner in crime that is hated, lynched and coldly murdered by the main culprit. But it is still ever more ready to collaborate with it. Even after losing its founder and his two sons, and now his daughter, a popular controversial leader, the PPP is still serving its master at the cost of committing a treachery of the lowest and meanest grade to its followers and voters, and to the ordinary people of Pakistan.

However, instead of wailing over the PPP betrayal, we must acknowledge that the rule of law movement is purer than ever now. It has made its enemies uncover their real faces. It is such a great achievement that must reinvigorate the movement and turn it to rely on its own. Now it contains no chaff; or if there is any, it will be sifted in due course of time.

Also, instead of complaining against its ever newer treacheries, let the PPP and its second line leadership toil to the benefit of Asif Ali Zardari. Let Asif Ali Zardari and PPP serve the interests of the establishment. Let the President Zardari rule Pakistan. All this PPP collaborationism will never be able to deter the rule of law movement from establishing the supremacy of the constitution, and securing fundamental rights to the ordinary citizens of Pakistan. The rule of law movement is the soul of Pakistan. It must succeed to make Pakistan succeed!

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Dr. Khalil Ahmad is president and founder of the Alternate Solutions Institute, Pakistan’s first free-market think tank.

This article appeared in The Post on September 07, 2008.