Pragmatism
prevails
Although the
unexpected is never far from the surface in Pakistan, the surprise call of
Prime Minister (PM) Shahid Khaqan Abbasi on Chief Justice of Pakistan (CJP)
Saqib Nisar came as a bolt from the blue, leaving many gasping at the turn of
events. It was surprising not only because such meetings are not normal but also
given the backdrop of the heightened tensions between the PML-N government and
the judiciary since the Panama case disqualification of former PM Nawaz Sharif.
Reports speak of the possibility of defusing such tensions and lowering the
political temperature in the run up to the general elections. Needless to say,
the PML-N has enormous stakes riding on the outcome of the polls. Although
scantily reported, the two-hour meeting yielded what appeared to be a meeting
of minds on issues of concern to either side. The PM delivered the unequivocal
message to the CJP that the government did not want a confrontation between
state institutions while also communicating the government’s difficulties
because of the proactive role of the judiciary in regards to governance. The PM
promised a visible improvement in areas in which the judiciary in general, and
the CJP in particular, have been actively intervening of late. These include improvements
in the education, health and clean drinking water spheres in particular but
also in the public interest litigation taken up by the judiciary of late. PM
Abbasi pointed out to the CJP the Federal Bureau of Revenue (FBR) and the tax
department’s woes regarding litigation stuck in the entrails of the judicial
system. The PM also offered the CJP support for the judicial reforms the latter
is desirous of to provide affordable and easy access to justice and wading
through the mountain of pending cases in the lower and higher courts. The CJP
in his response reportedly reiterated that the judiciary would continue to
function independently, in a nonpartisan manner according to the law and
Constitution. He promised to speed up litigation affecting the FBR and tax
authorities.
On the face of
it, the meeting could be considered a thaw when juxtaposed against the extended
diatribe Nawaz Sharif and daughter Mariam have been directing at the judiciary
since his disqualification. Although that aggressive response may have served
to keep the PML-N ranks united, it appears the pragmatists have now won the
argument on what approach best serves the party’s interests in the obtaining
circumstances. Reports speak of the role of Shahbaz Sharif, the newly anointed
PML-N chief, in persuading an initially reluctant Nawaz Sharif to agree to
allow PM Abbasi to meet the CJP. As often happens in sudden turns by political
parties in the midst of troubles, some in the PML-N ranks were not only caught
off-guard by the development, they voiced their fears that this opening to the
judiciary would wash away the gains of the aggressive approach so far. Others
feared the PML-N was conceding more to the judiciary than it received in
return. But from all accounts the Shahbaz Sharif pragmatists’ camp in the PML-N
rejoiced at this ‘breakthrough’. The wisdom seems to have slowly sunk in that
the PML-N could not afford to go into the impending general elections while in
confrontation with the judiciary, widely believed to have the backing of the
military. That conclusion does not mean the apprehensions regarding the
National Accountability Bureau (NAB) corruption cases against the Sharifs have
dissipated. The calculation appears to be that irrespective of the outcome of
those cases, whether, as is being speculated, before or after the polls, the
political future and intrinsic interests of the PML-N are best served by
defusing the confrontation and fighting the good election fight without
(hopefully) the shadow of the judiciary’s sword hanging over its head. Logical
and pragmatic as the argument appears to be, the ball now seems to have landed
in the judiciary’s court, and it remains to be seen how it responds to this ‘peace
overture’.
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