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The Supreme Court is also taking up constitutional petitions of the Pakistan Muslim League Nawaz seeking court orders for the return from exile of Nawaz Sharif and Shahbaz Sharif. 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 suspend fundamental rights. The Constitution also allows the president to get an extension of emergency rule through a joint sitting of Parliament within 30 days of the issuance of the proclamation, and he may even get an extension during 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 undermine the prospect of President Pervez Musharraf having himself re-elected as president for another term. Under these circumstances, 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 previously denied any intention to resort to an emergency. Such denials have been made due to serious criticisms on this issue 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 Musharraf and the survival of the military's control of the country. Such an emergency will not in any way help contain terrorism or violence but, in fact, is likely to further destabilize Pakistan, a development which would only support elements who wish to exploit the country's vulnerability for their own gains. An emergency will not make the much-weakened military regime stronger. Indeed, it will only weaken it further and make its legitimacy even less credible.
With the upsurge of the masses that intervened to reinstate the chief justice, the democratic forces in the country are much stronger at present, and the sanest course of action seems to be a move toward greater democratization.
What really is 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 restore a democratic government. Throughout the country, there are demands for free and fair elections. To jeopardize this positive development by the further imposition of an emergency is likely to generate wrath from around the country and abroad.
It is quite likely that any moves toward the imposition of an emergency may also be challenged in the courts and on the streets. It would now be quite difficult for the Supreme Court not to resist the imposition of an emergency and the withdrawal of people's fundamental rights. If the regime turns against the Supreme Court on this issue, it is likely to provoke further retaliation by the country's lawyers and the masses who consider the reinstatement of the chief justice as a major achievement of their movement.
Whatever move the military regime now makes is likely to backfire. The international community needs to support the democratic forces in Pakistan, its civil society and judiciary at this time. The possibilities for positive developments now exist. International solidarity and support will act as an encouragement to many people who have taken great risks to challenge Pakistan's military regime.
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(Basil Fernando is director of the Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior U.N. human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia.)
