NRO: a non-starter

From the day the highly discriminatory and corruptive ordinance was promulgated on October 05, 2007 it betrayed abuse of authority by the dictator, the quid pro quo of which was his re-election the following day to the office of the President. He planned to use the instrument to subsequently blackmail the beneficiaries into total compliance, but the sinister plan backfired and rebounded on the whole lot. The judgment against the NRO, says 'no' to corruption and crime, which no one should seek to protect under the smokescreen of democracy. All state institutions ought to perform transparently and efficiently in their respective domains, so that suo moto action by the judiciary is not called for on any issue. The NRO was a non-starter from day one, as not a soul across the society approved of this crude attempt at covering up loot, plunder and crime. So much so, that having manoeuvred endorsement by the Select Committee of Parliament, the ruling PPP had to give up trying to salvage the infamous ordinance in the house after a move by its coalition partner, MQM, refusing to stand by the frail cover, knowing it would not eventually stand in law. But if this verdict has to have any meaning, any attempts at witch-hunt and focus on a few, or dragging feet by the government on implementation must be avoided, as it would only lead to confrontation. However, since several cases with the National Accountability Bureau are widely known to be politically motivated, it is unfair to seek resignations of the accused on moral grounds alone. Certain quarters seem to be getting carried away by the December 16, 2009 verdict of the apex court, which has stamped legality over rejection of the NRO held in conflict with certain provisions of the constitution, patently discriminatory and against Islamic injunctions of equality of all in the eyes of law and justice. This does not mean that all those listed by NAB were guilty or otherwise. The judgment in fact has opened up a window of opportunity for the ones who feel wrongly framed on political or vindictive grounds. They can file counter cases against those who may have tried to bring false charges against them and caused damage to their prestige and reputation besides making them and their families go through a tortuous period. The superior courts have the responsibility to also attend to this weakness in Pakistan's judicial system where those filing false cases, get away in the absence of heavy penalties for defamation and libel. However, since the 'Short Order' in asking to reopen the cases outside Pakistan has also brought into question the legality of Zardari's presidential candidature on the score of some reported convictions, which was not among the pleas of the appellants, it is being viewed in by some as Zardari and PPP specific, and seen as transgressing its limits. Credibility of the apex court would have been vastly enhanced, had it avoided touching the implied issue, which would in any case have been brought up in some subsequent suit. This verdict nevertheless, has translated the pent up feelings of the entire nation, which has been on the receiving end due to the apathy of the rulers and mounting corruption of the privileged class being covered up by successive governments only to stretch their rule. If followed in earnest, it is the beginning of a new era which promises to cleanse the system of exploiting mafias and cause a genuine leadership to emerge from the purge. Striking down of the NRO must become the precursor to a massive hunt and tracking down of similar beneficiaries in the past, including those who helped General Musharraf perpetuate his rule against 'favours' which should now also come to light. The Supreme Court has passed what looks like another landmark judgment on July 31 this year, in de-legitimising Musharraf's second declaration of emergency along with the resultant actions. We must remember nevertheless, that all military coups in the past were equally illegitimate but enabled by the politicians and protected by the judiciary and Parliament. The judiciary on its part has made amends in forbidding any future endorsement of military takeovers, and it is now for the rulers to deliver to the people, prove to be their worthy representatives and capable of defending national sovereignty. Without this, no power or legislation will prevent the boots to rumble back again. Pakistan must aim at getting its name erased from the club of corrupt nations, which alone can set it on course to a fresh and promising start for its people. A beginning has been made, and one finds that the Public Accounts Committee is keeping a hawk eye vigil on the public sector while the NAB, which needs to first become credible itself, is seeking to go after the 'timber mafia' in the Frontier. A whole lot of other mafias including the land, housing and cooperatives, the thana, patwar and kutchehry, have to be purged and reformed. If the Supreme Court can order re-instatement of ex-DG FIA, it should also order back General (retd) Abdul Qayyum who brought Pakistan Steel Mills into profit. It should outlaw privatisation of major national assets like the only Steel Mill of the country and the national airlines, and demand efficiency of the public sector. Those who hedge behind the frail argument that they had been voted to power by the people must be accountable all the time. They will have to learn that those very people, who voted them in, have the right to force them out any time due to their failure to address their problems, because they did not give the political leadership a blank cheque for five years to renege from the promises they made to the electorate. The writer is a freelance columnist.

The writer is a freelance columnist.

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