US method to lawfully punish

Due process must be followed

The Prime Minister during his recent address at Karachi said ” Pakistan would apply US methods to lawfully punish May 9 arsonists”. He compared the May 9 countrywide protests to the planned assault on Capitol Hill by far-right Trump supporters on 6 January 2021. At best the attack on US Capitol Washington DC is comparable to the storming of the Supreme Court of Pakistan by PML(N) goons in the capital of Islamic Republic of Pakistan on 30 November 30 where no one came to the rescue of the judges of the highest court of law.

Police in Punjab is a private Militia recruited and controlled by the Sharifs of Gawalmandi and the Chaudhrys of Gujrat. The embattled Chief Justice requested the COAS for protection but was told to come through the proper channel. Finally, an in-house coup was fueled and funded by the party in power. The poor CJ had to step down.

Another pillar of the state was trampled by an establishment-conceived and -created brand of ‘Sarkari League’ led by Mian Nawaz Sharif. Planned and focused attacks on national institutions and countrywide public protests are not comparable. The Media Cell of the PML(N) has mastery in creating confusion by distorting and concealing facts.

It is certainly a good idea to follow the democratic norms of the oldest constitutional democracy of the world. The US Constitution was written in 1787 and has been in operation since 1789. It is the world’s longest surviving written charter of government that is respected and followed in totality, and no individual or institution can dare to cross the constitutional boundaries.

The constitution of the Islamic Republic of Pakistan by contrast enforced on 14 August 1973 is the most abused and violated document ever. Colonial era laws like the Sedition Act of 1864, Official Secrects Act of 1923, Government of India Act 1935 and Martial Law legislations like MPO, Section 144, the Army Act of 1952, continue to haunt the Constitution and the people of the Republic, violating the fundamental human rights enshrined in the Constitution.

The events of May 9 have to be carefully understood before passing judgements and state-sponsored media campaigns. The abduction of the ex-PM and the most popular national leader from the premises of Islamabad High Court ( IHC ) by men in uniform that triggered the countrywide protests, has already been declared illegal by the Supreme Court.

Here are the events of the day. About a hundred armed Rangers entered the premises of the Islamabad High Court, manhandled and abducted Imran Khan after breaking doors and glass windows of the court offices. It was a unique event of its kind. Sanctity of the court was violated on the basis of illegal orders issued by the Chairman NAB as the due process of issuance of three notices before arrest was not followed. IK was then taken to the NAB headquarter and later shifted to the Police lines where a special court was set up, which was against the principle of am open public trial.

Like the USA, Pakistan has a written constitution that must be respected and protected. People have stood up, now the courts have to stand up too before it is all over. The state derives its power from the Constitution, which cannot be trampled om, otherwise the consequences can be disastrous.

Peaceful protest call was issued by IK’s party. In Lahore the largest gathering was at the Liberty Chowk where instigators infiltrated, urging the crowd to move to the Corps Commander’s house, located in the well guarded  and barricaded Cantonment area. The saner protesters did not pay heed to these calls; however some fell into the trap and reached there with no usual resistance on the way which is mind-boggling. Those who ransacked the property must be brought to justice but after an independent inquiry and due process as was followed in the USA.

The events of the Capitol Hill attack on 6 January 2021 were totally different. Far-right supporters of the incumbent President stormed the US Capitol buidling to disrupt the proceedings of the Electoral College which had assembled to confirm the winner of the Presidential election in which Joe Biden had been declared victorious defeating Donald Trump. Vice President Mike Pence who was presiding was asked to nullify the count but he refused as it was unconstitutional to do so.

Some of the protestors were armed and reportedly carried pipe bombs as well. The police tried to stop them but they broke through the barricades. There were pitched battles, 138 Policemen were injured. It was called ‘Save America March’. With the control of the country in the hands of the Far-Left Liberals serious political, legal and social repercussions were bound to take place which had to be stopped.

The President did not send the National Guards to control the situation. The in-house security had to move the Congressmen to safety behind closed doors. Finally when it was all over, Joe Biden was confirmed President the next day. Thorough investigations were carried out. A year later, on 6 January 2022, 725 people were charged. They went through the usual Jury Trial. President Trump was impeached for the second time by the House of Representatives but the motion did not carry through the Senate. No special ‘Anti-Terrorist Courts’ were established to try the attackers. Due process of law was followed. There were no mass arrests and no one was forced to leave their party.

There are no Cantonments in the USA. The Armed Forces are confined to barracks and camps where they live and train. Their life revolves around barracks and borders only till they retire to return to civilian life. In India they recently finished all the cantonments as they were a relic of the colonial era. In Pakistan at the time of partition the civilian and military areas were clearly marked. Growing up on the Mall we seldom crossed the Mian Mir bridge to enter the Cantt area. As the property was leased, not owned, very few civilians lived there. There was hardly any commercial activity. I remember there used to be Globe Cinema and a wineshop across from it in a small market, that was all. There were Army and Air Force messes for the officers and a small CSD building (Canteen Stores Department).

Till the first Martial Law in October 1958 the only event of public interaction was the March 23rd parade; later on the Horse and Cattle Show and Tattoo Shows were introduced. Increased traffic flow started when the airport was moved from Walton to the Air Force base in Cantt. Despite the increased civilian entry, the place is always kept well guarded. All entry points are manned and checked but on May 9 there was no one to stop or check the intruders.

In the 1960s a teargas shell landed in the premises of the LHC while controlling the mob. The CJ issued a contempt notice against the IG Police who had to appear before the court and apologise. The sanctity of the court has to be guarded at all costs, it is for the CJ of the Islamabad High Court to summon the DG Rangers whose men trampled the protective legal sanctuary of his court.

Like the USA, Pakistan has a written constitution that must be respected and protected. People have stood up, now the courts have to stand up too before it is all over. The state derives its power from the Constitution, which cannot be trampled om, otherwise the consequences can be disastrous.

Dr Farid A Malik
Dr Farid A Malikhttps://www.pakistantoday.com.pk
The writer is ex-Chairman, Pakistan Science Foundation. He can be contacted at: [email protected].

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