For once you are wrong, Madam Jahangir

Although a lot is being said about the decision given by Pakistan Supreme Court in the 'Memogate Scandal', which orders the formation of a commission to look into the matter, the decision has not gone down well with the liberals in Pakistan.

There has been lots of bickering lately and none of it has been more lethal than that of noted lawyer and Human Rights activist Asma Jahangir, who also happens to be the counselor for defendant Hussain Haqqani, Pakistan's ex-ambassador to Washington DC.

Being a courageous lady, Asma Jahangir has been the core of the liberal brigade in Pakistan and has raised her voice against any military intervention in politics. Therefore, this time too, when she expressed her opinion on the verdict, it made headlines all over the world. But sadly, she appears to be wrong in her assessment.

Let's look at what she actually said. But before that, let's look at what happened in Washington DC. A column came out in a reputed American newspaper in which one Mansoor Ijaz, a Pakistani businessman and a wannabe lobbyist alleged that he delivered a memo dictated by Ambassador  Haqqani to Admiral Mike Mullen, the then head of the US military. Ijaz explained that it was said to him that the wordings of the memo basically reflected the sentiments of President Zardari. The content of the memo was explosive, to say the least.

The Supreme Court admitted the petition filed by none other than ex-PM Nawaz Sharif under Article 184(3) of the Pakistani Constitution, requesting a probe into the matter. It created a flutter and government ran for damage control. It contested the petition along with Haqqani, on the grounds that the court lacked jurisdiction to probe. Now I am yet to see a lamer excuse.

In its order, the court upheld the petition and ordered the formation of a three-member commission constituted with the chief justices of the Sindh, Islamabad, and Balochistan High Courts to “ascertain the origin, authenticity and purpose of creating/drafting” the memo.

The reaction from madam Jahangir was lethal. Not only did she criticise the verdict, she cast  aspersions as well. She alleged that judges were acting under pressure.

However, even a cursory look into the matter suggest that she has stepped the line this time. First thing first. Law must be detached from emotion. Let's look purely on the legal grounds how the matter sustains. The defendant has prima facie agreed on three facts. Fact number one, they agreed that there is a memo. Fact number two, it was agreed that it indeed was delivered. Fact number three, they also agreed that its content was explosive and the content in itself is not fake. Legally speaking, Asma, though reluctantly, agreed in the court that if the content has indeed been written by President Zardari then the president is liable to be impeached.

The last admission, in fact, sealed Asma's fate in the court. Her primary contention was that Supreme Court would be overstepping its original jurisdiction as the matter cannot be contested under Article 184(3) of the Pakistani constitution that sates “that the court may directly hear a matter if it is a matter of public importance relating to the enforcement of fundamental rights.” Pretty much like India.

Now consider this. Combine the three facts and add what Asma conceded about the impeachment. The only thing that is left to find out is whether the memo was written by Zardari or not. Does not that make it an issue of “Public importance” that the president of the country is in a danger to be impeached? Asma's argument against it is at most childish. Asma is a competent lawyer and I am sure that she too would have understood that her argument is weak. Then why this outburst?

It is because Asma is getting emotional about the fledgling democracy. And she is justified in being emotional. Her fear that the issue will be used by military to mount another coup might or might not come true. However, law must take its own course.

However, amidst brouhaha over the issue itself, pundits have failed to acknowledge and praise a fairly responsible move by the Pakistani military establishment. Make no mistake. The army has the wherewithal and popular support to mount another coup. And this time not many will oppose considering the content of the memo. However, the army has shown utmost patience by taking the judicial channel to solve the issue. They have shown their faith in the constitution of the country and its judiciary and that needs to be applauded. And not only applauded, the civilian administration must also reciprocate by reaffirming their faith in the judiciary too. By casting aspersions on a panel of 9 judges will only lower the moral of the judiciary that has shown exemplary courage not only by standing against external pressure and by taking on the establishment but by also passing courageous verdicts many of whom put the consented judge's life in serious trouble. Asma's outburst will only undermine that confidence and strengthen the establishment. 

This is not the time for emotion. Let the commission do its findings. After all, who is afraid of the findings? Isn't this overreaction proof that civilian administration in general and Haqqani and President Zardari in particular are afraid of something? Why not wait and let law take its own course.