An attempt by the military regime in Pakistan to impose an emergency is generating considerable fear in the country. The military regime seems to be nervous about the serious changes that have resulted in the political situation due to the reinstatement of the Chief Justice, Iftekhar M. Chaudry, and moves on the part of two exiled leaders, Benazir Bhutto and Nawas Shariff to return home.
The Supreme Court is also taking up constitutional petitions of the Pakistan Muslim League Nawaz (PML-N) seeking court orders for the return from exile of Nawas Shariff and Shabaz Shariff. They asked the Supreme Court to direct the Federal and Provincial governments to refrain from obstructing, hampering and resisting the return of the two leaders. There is also another suo moto case before the Supreme Court regarding the increase in prices of daily commodities.
Under the constitution of Pakistan the president is given powers to promulgate emergency rule and to suspend fundamental rights. The constitution also allows the president to get an extension of the emergency rule through a joint sitting of parliament within 30 days of the issuance of the proclamation and he may even get an extension in the tenure of the National Assembly for another year. However, the constitution does not allow the imposition of an emergency for an indefinite period.
The reinstatement of the Chief Justice as a result of a decision of the Supreme Court and the return of the two well known political leaders appears to have undermined the prospects of President Musharraf getting himself elected as president for another term. Under these circumstances President Musharraf has met his senior aides, apparently to consider the possibility of imposing an emergency and the suspension of most fundamental rights according to some reports.
The president has previously being denying any intention to resort to an emergency. Such denials were made due to serious criticisms on this score by many lobbies in Pakistan. It appears that one of the reasons for considering the imposition of an emergency at present is “certain unexpected decisions on various constitutional petitions, including one related to his uniform” said a high level source quoted in the Daily Times.
It appears that although various pretexts are being made for the imposition of an emergency, the actual reason is the political survival of President Musharraf and also the survival of the military control of the country. Such an emergency will not in any way help the control of terrorism or violence but in fact is likely to further destabilise Pakistan which would only help the elements who wish to exploit the situation for their own gains. An emergency will not make the much weakened military regime stronger. It will weaken it further and make its legitimacy even less credible.
With the upsurge of the masses which intervened to reinstate the Chief Justice the democratic forces in the country are much stronger at present and the sanest course of action in the country seems to be a move towards greater measures of democratisation.
What is really at stake is not just the future of President Musharraf but the future of Pakistan. Enormous possibilities now exist for considerable political change in order to bring back a democratic government in Pakistan. Throughout the country there are demands for free and fair elections. To jeopardise all this by the further imposition of an emergency is likely to generate wrath from around the country.
It is quite likely that any moves towards the imposition of an emergency may also be challenged in the courts and in the streets. It would be quite difficult for the Supreme Court now not to resist such imposition of an emergency and the withdrawal of fundamental rights. If the regime turns against the Supreme Court on this issue it is likely to provoke further retaliation by the lawyers and the masses who consider the reinstatement of the Chief Justice as a major achievement of their movements.
Whatever the move that the military regime now makes is likely to backfire. The international community needs to support the democratic forces in Pakistan, civil society and the judiciary at this time. The possibilities of positive developments exist now. International solidarity and support will act as an encouragement to very many people who have taken great risks in challenging the military regime.
The AHRC urges the local and international lobbies for democracy and human rights to actively support the democratic movement in Pakistan and to resist the imposition of an emergency.
