Showing posts with label lawyers' movement. Show all posts
Showing posts with label lawyers' movement. Show all posts

Wednesday, January 11, 2012

Pakistan, A Malleable History

Last month, while other pyalas scuttled off to the Pakistan Tehrik-e-Insaf's (PTI’s) Karachi jalsa with visions of free potty training seats in their heads, I stayed at home with a copy of Imran Khan’s Pakistan, A Personal History. I read it with the intention of reviewing it here immediately but, like certain Bufo toads that can, at will, secrete a noxious hallucinogenic substance that acts as a deterrent to predators, the book did not encourage further handling.



I revisited it today because I chanced upon Amir Zia’s review for Newsline last month. He succinctly articulated some of my biggest problems with the content of the memoir, saying:
“Khan’s personal analysis of the origin and spirit of the Pakistan Movement underlines his simplistic and superficial understanding of those times. In fact, it appears more akin to former military ruler General Zia-ul Haq’s distorted and twisted propagandist history, which still remains a part of our curriculum. For instance, Khan, in his zeal to promote the Islamic basis of Pakistan, equates Quaid-e-Azam Mohammed Ali Jinnah’s religious views with those of Mohandas Karamchand Gandhi by saying that both stood on the same page vis-à-vis the role of religion in politics.”
And…
“The tribal system, its code of honour and values are a constant refrain in the book. Khan maintains that the tribal areas were “crime free” before the upheavals of the recent years, ignoring the fact that before the start of the war on terror, the entire belt remained the epicenter of smuggling and gunrunning in the region. The known criminals and absconders used to take refuge in these areas and vehicles snatched from various parts of the country landed in the tribal belt. But Khan, in his zeal to glorify tribalism and the jirga system, shuts his eyes to all these facts. He makes a passing reference to the tribal practice of ‘honour’ killings which are being endorsed by jirgas in the rural areas. In fact, he views these jirgas as an “ancient democratic system.” The oppression, the backwardness, the myopic worldview and total alienation from the modern world, all of which stem from tribalism, fail to bother the Khan.”

Amir Zia did make an effort to balance his take on ‘the Khan’s’ personal history with references to the many good things in it, calling his recollections of cricketing life and building the Shaukat Khanum Memorial hospital ‘moving’ and ‘inspiring’. Mr. Zia is probably a better person than I am because I feel no such compunction. Whatever bright spark once lurked in the heart of this self professed Chosen One – his version of what happened to make an English jury return a verdict of 10-2 in his favour in the Botham libel case can be summarized with “As I was waiting, I got a message from a friend that Mian Bashir wanted to speak to me. I phoned him and found him in a cheerful mood. ‘Allah is changing the jury’s mind!’ he said – has long been obscured by a cloud of magic dust. Like in Pullman’s His Dark Materials, only without its fierce interrogation of dogma and ritual.

If you don’t like my words for it, take a few from the horse’s…er…mouth:

The Khan on what needs to be done to deal with the ‘10%’ of truly militant militants in the tribal areas (the rest apparently prefer crochet, only times are hard and the war blocks access to the market for doilies):
“I have spoken to General Pasha, head of the ISI about this, and he too believes that if we disengage from the US war, start a dialogue with the tribes, and withdraw troops from the tribal areas, we could eliminate this 10 percent in ninety days”.

The Khan on the need for enshrining the difference between a public face and a private face or, as some people might call it, hypocrisy:
‘The main difference Islamic sharia has from Western secular society is in the realm of public morality. This protects the family system, one of Pakistan’s greatest strengths…An Islamic society tries to protect the sanctity of marriage by creating an environment that affords the least temptation for people to commit infidelity. Secondly, it tries to protect impressionable young people from public immorality, the same concept behind the ‘adults only’ film classification…So apart from these vital provisions aimed at protecting the family, a true Islamic society would be no different from the democratic welfare states of Europe.”

Passages like this worried me because they indicate a rigid, conservative mind that thinks along the lines of 'my way or the highway'. It is the disproportionate power given to those who would be custodians of 'public morality', for political purposes, that has landed Pakistan in the soup it is in today. Passages like this also amused me because, for someone whose main vote bank so far seems to be young people, he really is pretty clueless about what young people really want and, more importantly, need. The life of the body, the life of the mind, these are fundamental human rights. And too many of the physical and creative freedoms required to have either would potentially face the chop if somebody decided to place the protection of 'impressionable young minds' above both.

The Khan, for example, only took about two decades of experiential learning to understand "there was a world of difference between happiness and pleasure-seeking".

The Khan on people who might disagree with him:
“…those at the other end of the extreme are called the ‘liberal fanatics’. To liberal fanatics modernization means westernization and Islam can only impede Pakistan’s progress…For them every solution to Pakistan’s problems is imported. Hence liberal fanatics have variously advocated Marxism, a radical version of women’s liberation, market economics and other Western beliefs.”
Yep. Damn redistribution of wealth (don't look now, Ali Shariati). And women voting in parts of Khyber Pakhtoonkhwa. And supermarkets. And mineral water. Especially mineral water.

The Khan on about half of the people who attended his Party In The Park:
“ The elite that consumes most of the country’s educational resources is incapable of providing the intellectual leadership needed to move forward either the religion or the culture. Western education simply does not allow them to do so.”
... Which would, errrr, make the Oxford-educated Khan singularly incapable of providing intellectual leadership, would it not:? But I digress...

Rants about this 'elite' function as periods throughout the memoir, punctuating his opinions on everything from environmental degradation to the need to overhaul the education system to his observations about the injustice of our judicial system. This is a real pity because they undermine the few things he says that actually make sense. Pakistan is indeed, as he hammers home again and again, saddled with a parasitic elite that has insisted on usurping, keeping and abusing power to the detriment of the many hovering around the poverty line; but his reductionist identification of them as people who have strayed from the one faith and become 'westernized' is sadly flawed. The powerful elite of which he speaks include the shallu-wearing landlords and industrialists that are now part of his movement for justice. They can also wear beards, uniforms and burqas as well as jeans and ape Saudi Arabia as well as Western pop culture, but apparently that isn't quite as bad. His position seems to be that if you are not part of the solution (in this case, his notion of Islam) you are part of the problem.

This debauched, rudderless, still mentally colonized elite has done Pakistan a world of harm, he says. For example, post 9/11:
"I have never seen Pakistanis so terrified of US anger as during this period. This is a typical example of how fear can be used as a weapon by the ruling elite to make the people fall in line; at the same time, it shows that policies based on fear always end up in disaster."
That previous nugget comes much before the point towards the end of the book where he says:
"...my biggest worry remains that if things continue as they are we could face a rebellion within the army's ranks, the ultimate nightmare situation for Pakistan."

I could go on, and quote verbatim other choice bits of text, such as his one sentence lament about how mean presswalas kept calling up his good friend Sita White for ‘lurid interviews’, or the paragraph where he mentions one Shah Mehmood Qureshi as an example of what is wrong with Pakistani politics, or how he lambasts the jamaati thugs he is now in bed with, or how it only took him five meetings and nearly as many years to understand Musharraf wasn't a good boy, or how my mother’s brother’s third cousin’s dog inferred a Madonna-whore complex from all the things Khan Saab’s book didn’t say about women in Pakistan when he accidentally sank his teeth into it but, really, what’s the point. Let’s not be liberally fanatical in our negativity and look at the plus points of it.

1) We have been asking for a PTI manifesto and lo and behold there has been one amongst us for a couple of months already, complete with Islamic Fabioesque cover and – just like his first book where the ghost writer really was a ghost - no mention of who actually wrote it.

2) In this book, we learn a lot about poetry. Well, Iqbal’s poetry. Well, those of Iqbal’s poems which fit into Imran Khan’s view of the world. In particular, the one about the shaheen. No not Khayaban-e-Shaheen, the other shaheen, the eagle, which as Khan Saab tells us is “an emblem of royalty which denoted a kind of heroic idealism based on daring, pride and honour.” (No mention of course of that of Iqbal's verse that calls, e.g., for burning down crop fields that do not feed the peasant, but I digress again.)

I was thinking of Khan Saab's fondness for the metaphor of the regal predator driven to hunt rather than scavenge when I read the inimitable Aakar Patel’s column in the Express Tribune today. In the column, the second in his examination of the army’s dominance in Pakistan today, Mr. Patel puts it down to a caste-driven obsession with the notion of ‘warrior’. His hypothesis…
“is that the division of the Punjabi nation in 1947 produced a Pakistani Punjab that was heavily weighted in favour of the martial castes. The trading castes, which tend to be more pragmatic and balance society’s extremism mostly left to come to India. This has produced the imbalance which explains Pakistan’s fondness for a state dominated by soldiers. Gen Pervez Kayani runs the state’s foreign policy, security policy and most of its economic policy because the majority of Punjabis are comfortable with the idea of a warrior being in charge.”

Mr. Patel’s insight into the veneration awarded to ‘leading from the front’- which in my book can also be considered a Pashtun trait- is driven home when, later in the column while mentioning Kayani’s recent statement that our nation’s “honour will not be traded for posterity”, he goes on to say that…
"Only a warrior would make that statement and only a nation of warriors would accept it."

You see the same kind of verbal posturing in Imran Khan's utterances (tsunami = destruction), and the same kind of frenzied, emotional response in his followers (tsunami? a massive tidal wave that kills indiscriminately? hell yeah!) that a popular general would get from his ranks. It is almost as if hundreds of thousands of usually pacifist people have suddenly decided to get in touch with their inner Spartan.

In Imran Khan's Pakistan though, there would be no loincloths.

My basic problem with the worldview that Aakar Patel is skewering and Imran Khan and other balding eagles seem most comfortable inhabiting is that Pakistan can no longer afford to be a nation of warriors. We need a narrative of inclusiveness, tolerance and unity based on achievable things like economic goals, not one that suggests identity is who you're not rather than who you are. Those who want to buy into the PTI’s ‘war' on corruption, the west (and mineral water) might want to stop and ask themselves what impulse, whose hand, they are really strengthening.

My other basic problem with men who think they are berserkers is their propensity for camp followers or, in less offensive terms, their demonstrated opinion of where women would be post-victory. Consider this clip follow up of an excellent Express Tribune report about what happened after Prime Minister Gilani was successfully driven off stage by the soldiers of the Lawyers' Movement at a Lahore Bar Association meeting a couple of days ago...





Incidentally, Imran Khan's last reference to the the Brotherhood of the Black Coats he mentions glowingly several times in his memoir is:
"Though the anti-status quo wave known as the lawyers' movement for genuine democracy was hijacked, it remains simmering beneath the surface; I am convinced the moment the next elections are announced, a 'soft revolution' will explode on our political horizon and sweep away the corrupt status quo from Pakistan once and for all."

Ladies, keep those Rose Petals handy.

Tuesday, October 5, 2010

What the Hell Do Lawyers Really Want?

To be honest, I was always very ambivalent about the Lawyers' Movement, even in 2007. Unlike many of my friends and colleagues (many of them lawyers themselves) who were all gung-ho about what they saw as Pakistan turning a page in revolutionary terms and civil society asserting itself against dictatorship, I had plenty of misgivings about the movement.

This ambivalence was born not only out of my low personal opinion (based on past experience and history) about some of the leading lights and most vociferous supporters of that movement but also out of certain questions of logic about the aims of the movement - which were never satisfactorily answered - and a feeling that the activism generally ignored the larger socio-political regional environment in which it was taking place. This of course led to plenty of heated debates.

Unfortunately, to argue against a popular opinion is to often run the risk of your arguments being conflated with those of people you have nothing in common with but who may be arguing against it for very different reasons, usually to do with personal interest and preservation of the status quo. And this is how most of the heated debates wound up, with irrational conflating of the issues I raised with those that e.g. Naeem Bokhari or General Musharraf had with the movement. Later on, some supporters of the Pakistan Peoples Party (PPP) - who had been at the forefront of the earlier movement - also raised similar issues but were seen to be trying to preserve a new status quo in which they were invested.

For the record, the aspects of the lawyers' movement that I questioned, aside from the character and politics of some of its leading lights, included:

- The tendency towards hooliganism and mob violence
- The tendency to blame all hooliganism and mob violence on 'external' agents and a refusal to punish those within its own ranks
- The unwillingness to countenance a dissenting point of view or any judgement that did not adhere to its opinions on a matter
- The claim that a previously severely compromised judiciary should be seen as having been washed clean by the events of March and November 2007 (the 'suspension' of the Chief Justice by General Musharraf  and the 'Emergency')
- The claim that the judiciary's stand against General Musharraf was motivated only by matters of principle...after all, all of the present 'clean' judiciary had been complicit in whitewashing General Musharraf's coup in 1999
- The repercussions of a judiciary restored to power on the backs of lawyers who would then be appearing before it
-  The inability to see the fallout of the precendences set during the movement
- The refusal to see the instability caused in the perspective of the geo-strategic Great Game being played out on Pakistan's borders

(None of these issues raised were meant, in any way, to condone either General Musharraf's inexcusable actions or the corruption of the Dogar-led court.)

Three years on, and in the midst of a new bout of a far more confused and divided lawyers' movement, all the same issues have come up once again, simply because they were never dealt with in the first place. In a twist to the usual refrain on the media that 'No Muslim can ever be involved in terrorism because it is against Islam', we now have lawyers claiming that 'No lawyer can be involved in anything illegal because they are meant to uphold the law.' What convenient logic.

Of course there are those who whisper about conspiracies to undermine the 'upright' judiciary and the character of some of the people in the limelight this time. There are those who have seized upon the fairly normal Punjab Police brutality as the only issue worthy of being focused upon. And there are those who lay the blame for the current conflagaration in Lahore at the door of political jostling for the upcoming Supreme Court Bar Association elections. As a sideshow we have the inimitable Mr Kurd - doing an encore of his clownish routines - vowing to drive the same judge away from the courts that he had a few months earlier said he would install carried on his shoulders.

But by far the biggest fraud is the pretence by those that oppose the lawyers' hooliganism this time that this is some sort of intellectual diversion from the purity of the original movement. It isn't really. It's simply a continuation of exactly what has gone before. And unless the outstanding issues are debated and addressed, we can expect far more of the same in the future.

Amazingly, Najam Sethi in his programme on Dunya TV yesterday pretty much said what I think about the issue (I say amazing, partly because he is not someone I see eye to eye with all the time and partly because I did not expect anyone on TV to articulate the issues in such a clear manner, even now). So instead of writing it out, I would encourage you to see the programme in its entirety.


Part I:




Part II:




Part III:




Part IV:




I look forward to your dissenting points of view.

Wednesday, December 23, 2009

'Behaving Like Judges'


This news item , titled "Kurd Unhappy Over SC Verdict on NRO" caught my eye from today's Dawn. It begins:

"Ali Ahmed Kurd, the firebrand leader of the lawyers’ movement and former president of the Supreme Court Bar Association, who has been keeping quiet for quite some time, surprised a lot of people on Tuesday with his blunt criticism of the way the Supreme Court was behaving. Judges should “behave like judges”, he said."

The Unhappy Kurd

We've recently also had Ms. Asma Jahangir also criticising the National Reconciliation Ordinance (NRO) judgement in both a Dawn op-ed piece and on a talk show on Dunya TV (the written piece being much more well reasoned - though flawed - than her verbal arguments on tv), claiming that the Supreme Court had overstepped its mandate. Her basic argument was that the decision seemed like a "witch-hunt" and if the NRO was going to be declared illegal for being against the constituion, what was the point of referring it to the parliament to enact as a law if it could, that by doing so the court had tried to mock the parliament. That of course assumes that the Supreme Court had made up its mind before hearing the case that it would strike down the law. Her arguments that the court had overstepped its mandate by ensuring a monitoring process are actually also quite legally flawed since the court has long exercised the power to monitor the process of justice, not least in the case of accountability and anti-terrorism courts which also operate under the same principle. In the above news report, Ms. Jahangir is quoted as telling a seminar in Islamabad that the Supreme Court decision "appeared to be a decision pronounced by a 'jirga'."

The same report goes on to report say:

"Mr Kurd said that an independent judiciary had been restored after a great struggle, adding that the country would become stronger if the judiciary acted in the manner expected by the nation during the struggle. “If it does not happen, it will cause a blow to national security.” "

Call me a cynic but isn't telling judges that 'they should behave like judges' and that they are 'over-stepping their mandate' and 'endangering national security' EXACTLY what General Musharraf had been doing and against which both these legal activists had raised their firebrand voices?

It would seem that everyone, including the activists of an independent judiciary, are actually only interested in getting judgements that suit their interpretation of the law. Anything else and they get sulky.