By their misbehaviour, Gen Munir and the other Pakistani generals have convinced me that they are a bunch of fools, blockheads, ignoramuses, dolts, dimwits, cretins, and twerps, leading their country to disaster. The clearest proof of this is their destruction of the independence of Pakistan’s judiciary, as it happened after the events of 9th May 2023 (which many say were stage managed), and as evidenced by the explosive letter of 6 Judges of the Islamabad High Court to the Chief Justice of Pakistan and the Supreme Judicial Council of Pakistan. Let me explain. We must first understand what the purpose of a judiciary in society is. It is in the nature of things that in every society, in all countries, and in all ages, there will be some disputes between the people among themselves, and between the people and the authorities. Hence there must be a forum where such disputes are resolved peacefully; otherwise, they will be resolved violently, by swords, guns or bombs. Therefore, an independent and unbiased judiciary is a sine qua non to every society, and no society can function without one. Take for instance a dispute which a person has with his neighbour over a piece of land. He
Read MoreBy their misbehaviour, Gen Munir and the other Pakistani generals have convinced me that they are a bunch of fools, blockheads, ignoramuses, dolts, dimwits, cretins, and twerps, leading their country to disaster. The clearest proof of this is their destruction of the independence of Pakistan’s judiciary, as it happened after the events of 9th May 2023 (which many say were stage managed), and as evidenced by the explosive letter of 6 Judges of the Islamabad High Court to the Chief Justice of Pakistan and the Supreme Judicial Council of Pakistan.
Let me explain. We must first understand what the purpose of a judiciary in society is. It is in the nature of things that in every society, in all countries, and in all ages, there will be some disputes between the people among themselves, and between the people and the authorities. Hence there must be a forum where such disputes are resolved peacefully; otherwise, they will be resolved violently, by swords, guns or bombs. Therefore, an independent and unbiased judiciary is a sine qua non to every society, and no society can function without one.
Take for instance a dispute which a person has with his neighbour over a piece of land. He comes to court, and files a case. The court issues notice to his opposite party, sees the evidence, hears counsels of both sides, and then gives its verdict. The party which loses still gets the satisfaction that he was given a hearing, and this reduces his heart burning, and thus restrains him from committing violence (which he may otherwise do).
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A study of history books shows that in every society, in all ages there was a judiciary. Thus, we read in the book ‘Indica’ written about 2300 years ago by Megasthenes, the Greek Ambassador of Seleucus Nicator to Magadh Emperor Chandragupta Maurya, of the judiciary (presided over by the emperor himself) in Pataliputra. Similarly, the Mughal Emperors were great lovers of justice, and everyone knows of Emperor Jahangir’s chain of justice.
Another example is the justice done by Qazi Sirajuddin, the Qazi-e-Subah of Bengal in 1490. After the events of 9th May 2023 in Pakistan the Pakistan army has destroyed the independence of Pakistan’s judiciary by blatantly and brazenly interfering in its functioning and independence, which amounts to destroying the judiciary itself, for a judiciary is nothing unless it is independent and unbiased.
Over 14,000 people (including women and children) were arrested in Pakistan on trumped up charges after the events of 9th May 2023, beaten, tortured, and incarcerated in jail in inhuman conditions, where they are still languishing, and the judiciary has been rendered impotent to interfere by Pakistan’s all-powerful army.
The Pakistan generals think themselves too clever by half, but they do not realise that by doing so they have set ablaze a fire which will sooner or later consume the generals and their families too. They do not realise that destroying the judiciary is going to unleash large scale violence and guerilla wars all over Pakistan, causing massive horrors and deaths
It may seem terrifying, but it looks like Pakistan is drifting towards a state of civil war. Consider the situation. A large majority (80-90 per cent) of Pakistanis support former Prime Minister Imran Khan, who has been in jail since early August last year on trumped-up charges. If free and fair elections are held, Imran Khan’s PTI party will sweep the polls.
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On the other hand, the Pakistan establishment i.e. the Army is adamant that Imran must not return to power. If he does, they know that the military generals and other officers will be held accountable for massive corruption and ill-gotten wealth.
Imran believes that the army must be subordinate to the civilian government, as it is the practice in India, the US, the UK, Germany, France, and other democracies around the world, and that they should not meddle in politics. But this will adversely affect the generals’ economic interests. The Pak army has penetrated numerous sectors of the Pakistan economy, and has acquired huge assets, which it will have to surrender if there is civilian control.
Several army generals, serving or retired, and their relatives are millionaires, some even billionaires. They spend a large part of the government budget on themselves, enhancing their lifestyle and retirement benefits. They are some of the richest people in Pakistan, and after joining the army and getting promoted to senior ranks (major and above) their lifestyle drastically changes. They live in splendour, with huge houses, luxury cars and designer goods.
This will change if there is real civilian control of Pakistan’s military. With accountability, the officers will have to live on their pay, and some serving and retired officers may even be called upon to return their loot or go to jail. This is not palatable to them, and they will oppose it tooth and nail.
The recent flawed judgment of the Pakistan Supreme Court (obviously procured by the army by putting pressure on the judges), denying the PTI the right to use its symbol in the February 8 parliamentary elections is a clear indication that the so-called ‘London plan’ has been put into effect, to ensure the corrupt PDM Government’s installation and to deny the PTI a level-playing field.
Pakistan’s situation is such that the army and its people are on a collision course. The recent heavily rigged election on 8th February was not an election, but a selection.
Currently, most Pakistanis are lying quiet, perhaps cowed down in fear. Power grows out of the barrel of a gun. But this situation will not last long. The people of Pakistan will devise methods to combat it. Wherever there is oppression, there is resistance. And then there will be some forms of guerilla warfare by the Pakistani people against the Pakistani army, a war in the shadows, in which even the families of army officers will be targets.
Many Pakistanis are seething with anger, seeing their close relatives, including women and children arrested on fabricated charges, beaten, tortured, and incarcerated in jail for long periods in inhuman conditions. They will not take this lying down forever. Guerrilla tactics, a form of civil war, are bound to develop, as happened in Vietnam and Afghanistan.
People will start snatching weapons from the army personnel or the police, and then they will attack family members of army officers (remembering what happened to their own families). After all, the wives of army officers cannot sit at home the whole day, they have to go out sometimes for shopping or social visits, and their children must go to school or college. On the way they will be soft targets.
With such a situation unfolding, one shudders to think what will happen.
I quiver to say this, but the speech made by Mark Antony before Caesar’s body in Shakespeare’s Julius Caesar portents the days which are coming in Pakistan:
“A curse shall light upon the limbs of men; domestic fury and fierce civil strife shall cumber all the parts of Italy; blood and destruction shall be so in use and dreadful objects so familiar that mothers shall but smile when they behold their infants quartered with the hands of war; all pity choked with custom of fell deeds: and Caesar’s spirit, ranging for revenge, with Ate by his side come hot from hell, shall in these confines with a monarch’s voice cry “havoc!” and let slip the dogs of war; that this foul deed shall smell above the earth with carrion men, groaning for burial”.
Julius Caesar: Act 3 Scene 1
The writer is Justice Markandey Katju, a former Supreme Court judge and chairman of the Press Council of India.
