By Anees Jillani

On February 25, a three member bench of the Supreme Court, comprising Justice Mohammad Moosa K Leghari, Justice Syed Sakhi Hussain Bukhari and Justice Sheikh Hakim Ali disqualified the Sharif brothers from holding or contesting public offices. The Chief Minister of Punjab, Shahbaz Sharif, thus lost his office, along with his provincial assembly seat (PP-48 Bhakkar-II), and his elder brother Nawaz Sharif stand barred from contesting elections. The Court will record its detailed judgment later. However, it noted in the short order that the judgments dated June 23, 2008 of the Lahore High Court in writ petitions No.6468/2008 (Noor Ellahi versus Nawaz Sharif) and 6469/2008 (Syed Khurram Shah versus Nawaz Sharif) are upheld. The Sharif brothers had not filed the present appeal, and have announced their plans, not to challenge the present Supreme Court judgment before the same court, on the grounds that they do not recognize the judges who have taken oath under the PCO (Provisional Constitutional Order).

The appeal instead was filed on behalf of the Sharif brothers by the Federal Government. On June 3, 2008, the Election Commission had issued a notification, allowing Shahbaz Sharif to retain his provincial assembly seat, despite the High Court Order. The Supreme Court ordered the Election Commission to de-notify Shahbaz Sharif’s membership in the Assembly.

This decision was kind of expected, apart from many other reasons, on the simple ground that the Sharifs were not appearing before the Court, and the Government obviously was not taking a keen interest in the Court proceedings.

What came as a surprise, however, was the imposition of Governor’s Rule in the Punjab the same day by President Zardari. The PML-N was sort of prepared for the disqualification order, and perhaps had plans to nominate somebody from within the Sharif family to succeed Shehbaz as the Chief Minister.

The Proclamation was made on the basis of article 234 of the Constitution. This article can only be invoked when “a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution.” The maximum period for issuing such a Proclamation is two months, unless it is approved by resolution of the joint sitting of the Parliament, in which case it may continue up to a maximum period of six months. It is obvious that the President has availed the maximum period provided for under the Constitution.

The question is if a situation had arisen in the Punjab where the Government could not be run under the Constitution. Apparently not. President Zardari’s Proclamation says that an unprecedented and unique constitutional void had been created in the Province consequent upon the decision of the Supreme Court. There was nothing unique about this void. Chief Ministers and Prime Ministers resign, die, and sometimes get disqualified the way it was done in this case. Another person can easily replace them.

There is obviously a sinister motive to the Proclamation, and it came out two days later when the MPAs (Members of the Punjab Provincial Assembly), and a few MNAs from the same Province, decided in a meeting presided over the President that the People’s Party shall form the next Government. The motive of the Proclamation was thus not to control the law and order situation, and not to carry out the affairs of the Punjab Government in accordance with the Constitution, but to deviate from it by thrusting a Party upon the Province which has secured 70 less seats than the PML-N. This is obviously not the democracy that the nation was clamoring for, including the PML-N leadership during the Musharraf days.

The only way that the People’s Party can form a Government, even with the help of Shujaat Hussain’s PML-Q is by indulging in horse-trading. A Forward Block was in existence in the latter during the PML-N rule in the Punjab, and it continues to exist, and has declared its support to the Sharifs in this imbroglio. The People’s Party would thus have to buy-out either a few members of this Forward Block, or from the PML-N. The price would be high, because the public sympathy is with the Sharifs, and it would be problematic, if not outrightly suicidal, for a politician at this stage to switch loyalties, unless the concerned Assembly member regards the February 2008 election as his last.

The crisis has left a bad taste in the mouth for everybody who desire to see flourishing of democracy in the country. The People’s Party, led by Asif Ali Zardari, may not like Nawaz Sharif and company, but should respect his Party’s mandate if he genuinely likes to see democracy consolidate itself in the country. It is not necessary for the PPP to go-along with the PML-N; it can align with the PML-Q at the Center to save its Government, but should permit the PML-N to rule the Punjab in deference to the public mandate given to it.

President Zardari should not become a pawn in the hands of the current Punjab Governor who apparently has a personal score to settle with the Sharif brothers, who according to him, did not give him due respect, as demanded by his Office. He probably desire to teach the brothers a lesson by putting them in opposition by buying-out some of the MPAs from their Party; and thinks that he can consolidate the Party in the Province by the time the next elections are held. This is the kind of democracy that the country has experienced a number of times under the military rulers’, and not the one that many sacrificed for by giving away their lives, and freedom.

The Governor should be changed, as is being demanded by the PML-N since the time he took over. It is still not too late to invite the PML-N for a dialogue, and ask them to nominate the next Chief Minster. It should be left to the leadership as to how it wishes to handle the disqualification issue, unless this may also be resolved in the same parleys. But at least, the Government should be handed-back to people who were given the mandate to rule.

This issue should also not be linked with the restoration of the judiciary as the two are separate. If President Zardari has taken this unfortunate step to pre-empt the lawyers’ long march planned for March 12, then it would be a pity. This is not democracy, but a government by bullying. It was none other than Abraham Lincoln who had said 150 years ago that no man is good enough to govern another man without that other’s consent. Where is the consent in the present case?

aneesjillani@gmail.com