Gen. Bajwa’s Extension …….a Historical gallop – Part 2 of a 3 part series on Civil Military Relations in Pakistan

By Syed Haider Raza Mehdi – 21 Aug 2019

 Alea iacta est “The die is cast”!

Gen. Bajwa remains in the saddle for three more years and the air is rife with pros and cons including those who hold, private, their counsel!  This isn’t a simple black and white binary issue but reopens the whole issue of civilian vs military supremacy in the affairs of the State and our history of Martial Laws.

Hence, here’s a  perspective about military rule, their power and influence and the issue of Gen. Bajwa’s extension.

Most Pakistan Army Chiefs, since Gen. Ayub, barring Gen. Musa and Gen. Tikka and the operational heads who administered the Army during Martial Law regimes, like Gen. Arif, Gen. Iqbal, etc, have all been powerful & exercising influence and control, beyond their mandate.

So, let’s get this reality out of the way and not quibble further that four Martial Laws, 33 years of military rule, a series of very weak and corrupt civilian administrations, always looking askance at the Army to bring down the “other guy” have resulted in this current state of affairs.

But in my view, perhaps the more important question, is, whether these military takeovers were simply a consequence of unbridled personal ambition by the individuals who undertook them or were their significant extenuating circumstances which lead to such acts, all clearly illegal and unconstitutional when undertaken and before they were validated by a spineless and pliant judiciary.

And let’s also not forget, in all cases widely welcomed and acclaimed by the people on the streets and the political class whose political enemy was removed!.

So let’s rewind back to the 1947 -1958 period before Gen. Ayub’s Martial Law.

In our first 11 years  from 1947 to 1958, we had 7 Prime Ministers, with tenures ranging from 4 years to 1 month.

If PM Liaquat’s 4-year period is excluded, we had 6 Prime Ministers in 7 years, averaging 14 months per Prime Minister.

India had 1 Prime Minister for 13 years, from 1947 to 1964. 

Here’s the roll call!

  1. Liaquat Ali Khan

14 Aug 47 -16 Oct 51.

Tenure: 4 Years 2 Months, 2 Days.

Reason tenure ended: Assassinated.

  1. Khawaja Nazimuddin

17 Oct 51- 17 Apr 53

Tenure:  1 Year 6 Months.

Reason tenure ended: Dismissed by Governor-General Malik Ghulam Muhammad who also dissolved the Constituent Assembly.

  1. Mohammad Ali Bogra.

17 Apr 53 to 12 Aug 55

Tenure: 2 Years, 3 Months, 26 Days.

Reason tenure ended: Dismissed by Governor General Ghulam Mohammed.

  1. Ch. Mohammad Ali.

12 Aug 55 to 12 Sep 56,

Tenure: 1 Year.

Reason tenure ended. Removed by his own party through vote of no-confidence.

  1. Hussain S Suhrawardy

12 Sep 56 to 17 Oct 57.

Tenure: 1year 1month

Reason tenure ended: Resigned because of a revolt in own party and withdrawal of support from coalition partners

  1. I I Chundrigar;

17 Oct 57 to 16 Dec 57

Tenure: Shortest: 1 Month, 29 Days.

Reason tenure ended: Vote of no-confidence by own party and coalition partners.

  1. Sir Feroze Khan Noon

16 Dec 57 to 7 Oct 58

Tenure 9 Mo, 21 Days.

Reason tenure ended:  Dismissed by Governor General Iskandar Mirza who declared Martial Law and appointed himself President

So!

One assassination, three dismissals by Governor General, three removed by own party.

The tenures getting shorter, dismissals more frequent and political infighting at its worst. This was democracy at work in Pakistan in its earliest years! A bunch of cats and dogs squabbling over political power!

While many of us haven’t personally lived through this period, but by researching and seeking primary insights from those who have, clearly the country was fed up and tired of this gory, cut and thrust and palace intrigues between a squabbling bunch of power hungry politicians, pouncing on each other in the dog eat dog political arena of Pakistan.

Gen. Ayub’s Martial Law – 1958.

While its hard to predict a hypothetical future of what may have happened had Martial Law not been declared by Governor General Iskandar Mirza in October 1958, appointing himself President and then being unceremoniously dismissed 13 days later by the Army Chief, Gen. Ayub Khan, who was Minister of Defence in his Cabinet and declaring himself President, but here’s a hypothesis worth reflecting upon.

In my considered opinion, given what was happening in the political landscape of Pakistan as briefly narrated above, Iskandar Mirza’s and Ayub’s Martial Laws and takeovers were inevitable. If Gen. Ayub had not taken over in 1958 he would have done so in 1959 or in1960.

This military takeover was inevitable, especially given that Gen. Ayub had been already been brought into the Cabinet as early as 1954, as a serving Army Chief, and had been witnessing first hand the serious political instability and infighting that ensued and of course supported by our “good friend”, the USA.

USA had decided that Pakistan was to be their “front line state” against the spread of Communism in Asia, with India having cast its lot with the then USSR.

Hence for them a military strongman was a much better option than a bunch of squabbling cats and dogs to deal with.

They clearly had a huge hand in Gen. Ayub’s takeover and the subsequent red-carpet treatment he got on his visit to the USA, videos of which we so proudly share nowadays, were nothing but to flatter and fan Gen. Ayub’s ego and not a testimony to our “greatness”, as we mistakenly  assume!

Pakistan was a classic USA foreign policy strategy which they have followed for decades, and visible even now, in their support of the many monarchist and quasi dictatorial governments in the Middle East.

But to 1954 to show how it all started!

After Governor General Ghulam Mohammed, dismissed PM Khwaja Nazimuddin he also dismissed the legally elected Constituent Assembly to prevent it from changing the constitution, and restrict his powers as Governor-General.

In so doing he sought the support of Gen Ayub, who provided troops to control communications with London and avoid any possibility of the Queen being advised to replace the Governor-General.

Gen. Ayub, was also inducted in the subsequent “Cabinet of Talents” as it was called, as Minister of Defence.

And then treachery!

Our Courts, weak kneed and spineless as always, supported Khawaja Nazimuddin’s illegal dismissal and in an inglorious shameful judgement by Justice Mohammad Munir, the then Chief Justice, who in my opinion along with Governor General Ghulam Mohammed have been two of the biggest villains of Pakistan’s political history, far greater than any Military dictator, upheld the illegal dismissal as “lawful”.

These two wretched creatures stabbed deep into the entrails and soul of this young fledgling nation and upheld this terrible unconstitutional act under the infamous “Doctrine of Necessity” which formed the legal Casus Belli” for subsequent military takeovers by Generals Ayub, Yahya, Zia and Musharraf, against legally elected governments, weak and corrupt they may be.

Justice Munir had to go back into canons of British law dating to the 13th Century to justify this constitutional murder and Ghulam Mohammad’s illegal dismissal of the Prime Minister and the Constituent Assembly.

This man, Munir, quoted amongst other things the Maxim by Henry De Brocton’s, an English jurist of the 13th Century (1210 to 1268)  “that which is otherwise not lawful is made lawful by necessity”, and the Roman law Maxim of Sir William Ivor Jennings, a British lawyer and academic (1903 to 1965) that  “the well-being of the people is the supreme law”.

In my opinion, Governor General Ghulam Mohammad’s and Justice Munir’s citizenship and all privileges, honors and awards be withdrawn, they should be posthumously tried, and convicted for High Treason.

Their names and any references removed and blacked out from all official records.

So the civilian Governor General invites the proverbial Camel, Gen. Ayub Khan into his tent in 1954, make him the Defence Minister in the Cabinet member, ask him to do a lot of his political dirty work and then stupidly expects him to quietly ride away into the “sunset”.

That’s why, in my view, the civilian rulers of Pakistan simply invited Gen. Ayub’s inevitable 1958 Martial Law! And this of course in no way condones or supports this illegal act!

Also lets not forget our intellectuals who have been part and parcel of conspiracies against elected governments.

In the famous but failed 1951 Rawalpindi conspiracy by Maj. Gen. Akbar Khan, against PM Liaquat Ali Khan, we had the great Faiz Ahmed Faiz, our famous poet laureate, who we quote endlessly, as one of the main co-conspirators, along with several other civilian left wing intellectuals like Sajjad Zaheer other writers, poets and a sprinkling of left leaning military officers.

Unfortunately, the seeds of dissension, discord and conspiracies are embedded deep in our psyche, whether it is a military general, a politician, a Judge, or an intellectual.

Iss humaam may sub nungay haen!! 

There’s an interesting end-note to Maj. Gen. Akbar Khan. He subsequently, in Dec 1971, went on to become Zulfiqar Ali Bhutto’s National Security Advisor and the architect of his two infamous fascist jackbooted semi military organizations, the Federal Security Force and the People’s Guard. In early 1972, Gen. Akbar visited our house in Islamabad and asked our father, Col. S. G. Mehdi, a former SSG Group Commander, then retired, to establish these two organizations for Bhutto. Our father refused saying that they would turn into Hitler and Mussolini type Brownshirts and Blackshirts, which they did and the FSF becoming the ultimate cause of his hanging!

So, hence, should we also, like was done to Cromwell, dig up their bones, put them on trial and hang them as we demand of others, who we condemn for subverting Pakistan’s democratic order?

Gen. Yahya’s Martial Law – 1969.

Of the four military takeovers, in my opinion, this had the weakest credentials and pretensions of being forced upon the Army.

This was a clear grab of power by one man, Gen. Yahya.

After 11 years of Gen. Ayub’s rule, there was in place some sort of a semi democratic order and a functioning government and parliament.

When pressured to resign by Gen. Yahya, Gen. Ayub, who should have handed over power to the Speaker of the National Assembly as per his own Constitution, did not, but as is said, asked Gen. Yahya to take over, because Gen. Yahya did not allow him to hand over to the Speaker.

I differ.

However weak and powerless he may have been, he should have had the moral courage, something he always lacked, to even make this last token act of handing over power to the Speaker, at least in writing and at least earning some respect in history. But he didn’t and will forever be remembered for this lack of moral courage!

Gen. Yahya’s Martial law was a disaster.  We lost half the country. Our Army defeated, and a devil incarnate in the shape of Zulfiqar Ali Bhutto.

Bhutto and Gen. Za’s Martial Law – 1977

For starters, Bhutto was our first and hopefully last Civilian Chief Martial Law Administrator.

Using these draconian powers, Chief Martial Law Administrator Zulfiqar Ali Bhutto, at the stroke of midnight on 1st January 1972, nationalized our entire Industrial, Business, Health Care and Education sectors, a Caligula type act of total insanity, from which we have never really recovered and also disenfranchised all Urdu speaking migrants from India, living in Sind, mostly Karachi, from their evacuee property rights.

He appointed a weak pliant loyal yes man, Gen. Tikka Khan, as his Army Chief, but was eventually trapped in his own Machiavellian web when in March 1976, he appointed another seemingly innocent, very loyal, very pliable, Lt. Gen. Zia ul Haq as the Army Chief.

He did so by superseding 7 generals, thinking that Gen. Zia would be as loyal and pliant as Gen. Tikka Khan.  The reason being the obsequiousness and flattery the then Lt. Gen Zia had apparently showered on Bhutto when he had earlier visited Multan in November, 1974, for his installation ceremony as the Colonel in Chief of the Armoured Corps, another “honour” bestowed on him by Gen. Tikka Khan.

Rumour has it that Gen. Zia never forgot the insults meted out to him by Bhutto on that occasion as Bhutto mingled with officers and guests with Lt. Gen Zia, following close behind, holding Bhutto’s glass of Scotch Whiskey, from which Bhutto would periodically sip and then arrogantly hand back to Gen Zia to hold and not the waiter with the tray.

This must have been very humiliating for Gen. Zia, himself a teetotaller, and known for his outward religious piety and 5 times daily prayers! But some say he did it readily and willingly to ingratiate himself with the Prime Minister.

In March 1977, Bhutto massively rigged the national elections and faced huge street protests and nationwide agitation. He declared Martial Law in three cities, Karachi, Lahore and Hyderabad, imposed an Emergency in the country and acquired vast dictatorial powers. Three Brigadiers refused to carry out orders to fire against civilian demonstrators and the Army for the first time faced serious mutiny in their ranks.

On 5th July, Gen. Zia, reluctantly, as quoted by Gen. Faiz Ai Chisti, Gen. Zia’s closest advisor then, ousted Bhutto in a coup, declared Martial Law and became the Chief Martial Law Administrator.

Gen. Chishti famously narrates how Gen. Zia told him when the coup was being planned. “Murshid Marwa na dayna” “…..My Teacher, hope you don’t get us killed!……”

So again, yes the Coup was clearly unconstitutional and illegal! But was it inevitable?

If you know your history and understand how Pakistan was heading towards a one-party fascist state, under a very ambitious and megalomaniac individual with dictatorial intent then clearly yes!

In my opinion it was Bhutto, through his own unbridled ambition and  actions, who we must hold directly responsible for Gen. Zia’s takeover and for the terrible dark years of Gen. Zia’s regime!

Civilian Governments – 1988 to 1999 and 2008 and 2019

The Army has by now been in power for 25 years, very powerful with influence across all sectors of the Pakistani state. Its Chief continuing to exercise immense power and influence and becoming the “mediator” in the political and palace intrigues between the PPP and PMLN Government.

Basically Benazir Bhutto and Nawaz Sharif, both highly corrupt and deliberately weakening State institutions so they could loot and plunder at will.

It is sad to hear from PPP supporters and many others as well, many well educated, about “Benazir the Democrat” who valiantly fought against the “vile dictator” Gen. Zia, from the safe confines of overseas exile, leaving her people to be jailed and whipped, but being totally deaf, dumb and blind to her and her husband’s corruption, her misgovernance and her deliberate destruction of civilian institutions.

And Nawaz. Oh that odious man!

Except for his most ardent supporter whose pockets have been filled with Nawaz’s largesse or those whose entire political and business interests are aligned to him and his family, who today can look me straight in the eye and say that Nawaz is an honest man?

In my view he perhaps has been the most destructive of all our civilian rulers!

This odious man consciously, systematically and deliberately dismantled the infrastructure of all our civilian state institutions to the extent that today in 2019, they are completely dysfunctional.

But the 2008 to 2018 period will perhaps be long remembered as one of total institutional destruction of state institutions and unbridled loot and plunder by both Zardari and Nawaz, in complete control of all State institutions except the Army!

Gen. Kayani, arguably, perhaps our most brilliant and effective military Chief, who basically won the war on terror by clearing 6 of the 7 agencies of the TTP and the terrorists, was a major influence during Zardari’s period, including bringing the lawyers movement to an end!

Unfortunately, his personal reputation has been deeply scarred by the alleged corruption of his brothers or at least one brother. My only request to him is that he must come out and publicly clear his name and not sit silent, provided he is not guilty of any personal misconduct either directly or in facilitating those of his brothers.

His silence is deafening!

Gen. Raheel, who seemingly seemed to exercise a lot of influence over Nawaz, thanks to ISPR and his own physical persona, really didn’t. Nawaz had him wrapped around his fingers! And, as is common knowledge, owes his Saudi assignment to Nawaz Sharif!

But post Musharraf, the Army Chief had acquired even more power as evidenced from Gen. Kyani’s 6 years as Army Chief.

So the questions is why did Gen. Musharraf take over?

Was he a power hungry ambitious general hell bent on taking over, or a well meaning albeit an ambitious military commander who wanted to solve the Kashmir issue via Kargil, tactically brilliant but strategically and politically stupid and unworkable, which set him and Nawaz on a collision course and the inevitable consequence of the October 1999, coup!

1999 – Nawaz Sharif and Gen. Musharraf’s Martial Law!

This is now post Kargil and the relationship between the PM and Army Chief, Gen. Musharraf is frosty.

Nawaz has already had two unsavory encounters with two previous military Chief. Once with Gen. Waheed Kakar, who mediated in the spat between him and President Ghulam Ishaq and made both resign in 1993 and then later in 1998, forcing Gen. Jehangir Karamat to resign as the Army Chief.

What happened on October 12th, 1999 is a dark episode in our history. A sitting Prime Minister orders that the plane in which the Army Chief is returning from Sri Lanka should not be allowed to land in Pakistan, endangering not just his life but all the other passengers. He then appoints another Lt. Gen as his Chief.

Constitutionally and legally Nawaz was absolutely in his rights to appoint a new Army Chief, but the way he did it was extremely dangerous and could have potentially incited a mutiny within the Army.

So again, sadly, what happened subsequently was inevitable!

The Army, as is its DNA, stood by its Chief and removed an elected Prime Minister!

Why does the Pakistan Army follow its Chief, right or wrong is a question many ask!

The answer is simple!

Indoctrinated in their core DNA is the phrase “Ours is not to question why but to do and die”

I say this not for cheap hurrahs but to make a non military mind understand that if officers and troops in an army start to question the orders of their superiors then the Army splits into rogue militias as we see so often in Africa, the Middle East and earlier in South America and results in civil war, killing, violence and destruction.

Imagine a Pakistan in which we have our military generals fighting each other across the length and breadth or Pakistan, a nightmarish doomsday scenario!

Gen. Bajwa’s extension

It is controversial.  My opinion voiced many time earlier, is that no Army Chief should be given an extension and the institution must be stronger than the individual!

But the question is why the extension?

Here’s my view.

Gen. Bajwa, ever since he was a young officer, has publicly advocated civilian supremacy over military rule.  He was very critical of Gen. Musharraf’s take over and stated it many times as a young Lt. Col, risking his promotion and future career prospects. In fact, the main reason he was appointed Army Chief by Nawaz was because of these views and his strong criticism in Corps Commander meetings during Gen. Raheel’s tenure of any actions to interfere or take over whenever such talk surfaced!

As Army Chief he’s walked a very difficult line, studiously avoiding interference, wherever possible, especially in the post Panama period.

Like many even he was not aware of the level of corruption that Nawaz had done.

He and the army have been the victim of a very powerful and malicious campaign, orchestrated by Cambridge Analytica through a $20 million consulting assignment given to them by Nawaz Sharif, before they shut down in the scandal.

But even today, Cambridge Analytica, now under another name, continue to provide Maryam Safdar and the PMLN, the anti Imran and anti Army narrative which feeds and has fed the social media pipelines for several years. “Wardi kay peechay Dayshath Gardi” and “Khalai Makhlooq” and “Selected” were coined by Cambridge Analytica types, as were many others.

Gen. Bajwa has a sterling reputation of being clean, authentic and transparent.  Sometimes too transparent as he has shared his concerns about Pakistan and its future in addresses to military gatherings.

Like many Pakistanis, he believes that PM Imran is sincere and a great hope for Pakistan, despite his and his governments many challenges and inadequacies and they have both developed an extremely close and strong personal and professional relationship based on mutual trust and respect!

He also believes that non state actors should not be instruments of state policy and hence the Afghan deal with the USA achieved great breakthroughs under his watch! He has been a strong advocate for peace with India,  and but for Modi, we would have had much better relations!

Consequently, PM Imran values Gen. Bajwa as one of his most effective and closest advisors, and given the paucity of competence around the PM, this is a rare silver lining amongst the pack of jokers surrounding the PM!

PM Imran also believes that Gen. Bajwa has displayed and in some cases delivered on his clear intent to help strengthen and rebuild civilian institutions and doesn’t want to stop this momentum by bringing in a new green behind the ears Chief.

Gen Bajwa’s international reputation is also a plus for the PTI government, were he not to turn rogue.

Will he?

I cannot answer this definitively, but my gut and what I know of him, says, no!

But if he did, then we can say goodbye to all that he and Imran have worked towards, which is civilian supremacy and rebuilding Pakistan!

So hence the extension gets a wary and qualified yes, even though past extensions do not give us much comfort. But only time and Gen. Bajwa’s conduct will tell us if PM Imran made the right decision.

Downsides. Every new Chief brings in his own team. At least a dozen positions are re shuffled which brings in dynamism, renewed energy & vigour. Extensions do not as the incumbent relies on his old team!

And extensions strengthen the individual over the institution.

What now?

I think this is the best opportunity for the government to institute the five-star, Chief of Defence Staff position and elevate Gen. Bajwa to this role when his current terms expires in November, 2019 with full operational authority over the three service, including the Army so he retains operational control.

And also create a 4 star Vice Chief of the Army Staff position which acts as the CDS’s second in command and a 4 star Chief of Strategic Command (our nukes) post.

In the current scenario these two can easily be filled by the two senior most Lt. Generals. Nadeem Raza and Sarfraz Sattar, in November 2019, and hence doesn’t stop the upward movement of promotions.

One great benefit of this system in the long run is that the CDS, who must be from the Army, given their overwhelming preponderance will invariably be filled by one of the 4-star Army posts, hence ensuring continuity.

Gen. Bajwa, the nation watches with bated breath, the trust entrusted to you!

Your tasks are to help rebuild Pakistan, strengthen civilian institutions, restrict military footprint to their constitutionally mandated role and ensure civilian supremacy in all affairs of the State!

For this, a grateful nation will forever be indebted to you!

Haider Mehdi

The Myth of the “Deep State”! Part 1 of a 3 Part Series on Civil – Military Relations in Pakistan

 

By Syed Haider Raza Mehdi – 4 August, 2019

It’s time to take this ‘Deep State” bull by the horns. But first a full disclosure.

I’ve served in the Pakistan Army from 1974 to 1981, resigned as a Captain, and have a very soft corner for the institution. My father served it with distinction, as did my uncle and scores of other family members. I am very proud that I and my family have served Pakistan in this manner!

I think it is, without question or doubt, our finest, most professional, most well led, most merit driven, most process driven, most reliable and the least corrupt, of all our state institutions.

Its is my considered opinion that if every able bodied young man and woman of this great nation could serve two years in the military and undergo the physical and emotional experiences that the rank and file undergo, Pakistan and Pakistani society would be far better and it’s enemies, both internal and external, would not be able to mislead our people, especially our youth against this institution.

For this, I urge PM Imran, Defense Minister Khattak, Human Resources Minister Zulfi Bukhari and Army Chief, Gen. Bajwa to institute this great public service.

I think if there is one institution that has been saved, thank God from the massive institutional decay suffered by other institutions, it is the Army!

I also think that a major factor which saved them from the destruction faced by civilian institutions were the repeated Martial Laws and their 33 years in power, leaving them as the proverbial last man standing and all powerful!

Sad but true!

And here is where I must admit that military rule, despite the strong economic growth during the three military governments, has been the major cause of most of our problems. To name a few

1. The rise of a corrupt coterie of politicians.

2. The the elite capture of Pakistan and all its sources of power, wealth and governance.

3. The hijacking of a very weak electoral process by this small mafia like coterie of political kleptocrats and plutocrats symbolized by the political dynasties and the likes of the Bhuttos, Sharifs, Zardari, Ilahis, Khar’s, Fazlur Rehmans, Achakzais, Bizenjos, Mengals and many many others, who like the ladies of the night would and still bed any party, any leader, as long as they could stay in power.

4. The systematic destruction of all state institutions. This last was perhaps the deepest cut! Nearly fatal!

Once these groups had captured power, such as Benazir in the post euphoria of Gen. Zia’s terrible dark years, or Nawaz Sharif, propped by Gen. Zia or Zardari through Gen. Musharraf’s infamous NRO, all of them, Benazir, Nawaz Sharif, Zardari, systematically set about weakening and destroying every major state institutions, so that not only could they rule like feudal monarchs, but loot and plunder the nation’s wealth, at will, and not be held accountable.

They systematically hijacked, bribed, cowed, destroyed and weakened the entire Federal and Provincial infrastructure, the superior and lower judiciary, the law enforcing agencies, institutions which hold public office holders accountable, like the NAB, FIA, Anti corription. Economic and planning and development institutions like the FBR, SECP, State Bank, Planning Commission etc.

They did this by deliberately appointing corrupt cronies, corrupt and weak officials on positions of authority, power and influence, who would do their bidding.

All these politicians and their families, with very few exceptions, have walked, lived, eaten, slept with every mistress or master. Whether it was Gen. Ayub, Gen Zia, Benazir, Nawaz, Gen. Musharraf, Zardari and Imran.

This includes our so called intellectuals, symbolized in persons like Mushahid Hussain and Najam Sethi, the vast majority of our media anchors and journalusts (yes journaLUSTS) and many others who have and still are willing to sell their souls for the proverbial 30 pieces of silver!

This political mafia launched large scale massive infrastructure projects, not because of economic or developmental or social priorities, but because it was easy to skim off huge amounts from these massive projects.

Funds were not invested in major public impact sectors like clean drinking water, public transportation (not one bus or train service for a few cities) empowering local governments, low cost housing, education, schools, colleges, heath care, hospitals, population control, agriculture and very importantly in improving the capability and capacity of the police and other law enforcement agencies.

The last used as personal militias to extend monarchist and fascist like control.

No effort was undertaken to reform the judiciary, because it served their purpose of buying judges and judgments whenever they so wanted.

It is my considered opinion that our judicial system, both the Superior and the Lower judiciary, has been one of the greatest causes of the greatest misery inflicted on the poor people of Pakistan!

Enrobed in their dark robes, they daily and darkly inflict death by a thousand cuts on our society.

And for all this mess, I hold the 3 military dictators directly responsible. Not the Army, but these three individuals.

Gen. Ayub because he short circuited the evolving political process of this agrarian feudal newly born country, blundered us into the 1965 war and worst of all, handed power over to another military dictator, Gen. Yahya, rather than to the Speaker of The National Assembly, a symbol of his own created political system.

Strangely, though, Pakistan’s fairest elections were held under Gen.Yahya in 1970 but under whose watch we also lost half our country and suffered a humiliating military defeat. The causes for the latter requires another article!

But perhaps Gen. Ayub’s greatest sin during his 10 year rule, was in creating a class of self serving, corrupt politicians who were willing to truck with military dictators and who have subsequently trucked with every civilian and political ruler since.

The genuine, true blue blooded democrats, starved of political power and platforms just died, politically! As did Mohtarma Fatima Jinnah, the Quaid’s sister who was cheated out of a Presidential win by Gen. Ayub.

And it was then that we also saw the emergence, for the first time, of dynastic politics, at the head of state level in the shape of Gohar Ayub Khan, Gen. Ayub’s son!

So this is how people like Zulfiqar Ali Bhutto, gained access to prominence and political power in Gen. Ayub’s cabinet.

This subsequently provided him the springboard to launch his political career and his party the PPP, by literally stabbing his benefactor, Gen. Ayub, in the back.

But for Gen. Ayub, ZAB would possibly not even have won a councilor’s election from Larkana and we would have been spared his administration which set us back 50 years in terms of our economy, education and health care, because of his ill thought through and disastrous policies of nationalization.

And lest we forget, Zulfiqar Ali Bhutto is the same person, who before he started sucking up to Gen. Ayub, calling him uncle, wrote to then President Iskandar Mirza, in his now infamous and public letter, calling him a leader greater than Quaid e Azam.

Let me say it without mincing words to those who are so still enamored in their love for Bhutto.

Zulfiqar Ali Bhutto was NOT A DEMOCRAT but a FASCIST!

Yes he did come into power through the ballot as did Hitler and many others who destroyed their countries, by the way.

There’s no doubt that ZAB was brilliant, perhaps touching genuis. He was very charismatic and an outstanding orator. And he used these attributes to craft a very powerful message of hope of a better future for the most exploited segments of Pakistani society.

They loved him and he cheated them.

For in reality he was a truly evil man, part Devil, part Saint. Unfortunately the Devil won!

He was a fascist through and through, a haughty, arrogant, brutish autocrat, and as most autocrats, extremely petty and mean and very very vengeful!

This may shock those who do not know. But such was this person’s nature that he had the aging J. A Rahim, his own Party’s Secretary General, and co founder, sodomized by a jail sweeper, simply because J A Rahim saheb would not put up with his autocratic pretensions.

He had similar treatment meted out to Maulana Tufail, the then Amir of the Jamaat e Islami.

He had his own nominated successor Mairaj Mohammed Khan brutally tortured in jail. Mairaj saheb never really fully recovered from the physical and emotional trauma and inhumane treatment he met at ZAB’s hands! Hundreds, perhaps thousands of political opponents suffered great physical torture during his period.

ZAB’s and Zia’s periods were our darkest periods of political repression

Many of our young today do not know about a Para Military force called the Federal Security Force, established by Zulfiqar Ali Bhutto.

A personal note here.

Our father, the late Col. S.G. Mehdi, considered an SSG pioneer and its third Commander, was approached by Gen. (Retd) Akbar, Bhutto’s National Security Adviser, in January or February 1972 to set up this Federal Security Force for the Government and the People’s Guard for the Pakistan People’s Party.

Our father Col. Mehdi refused the offer, saying that these militias would turn into Hitler’s Blackshirts or Mussolini’s Brownshirts and will lead to a fascist state and urged him to advise Bhutto not to go this route.

But Bhutto did.

And they did become his fascist militia and ironically also the eventual cause of his hanging!

For it was the FSF, who on his orders, while attempting to assassinate Ahmad Raza Khan Kasuri, a dissenting PPP party MNA, killed his father!

While I agree that the case did not warrant a death sentence, simply because Bhutto did not pull the trigger or commit the act himself, but as they say, one day our sins catch up with us and Nature has its own ways of delivering justice!

Gen. Zia’s present to Pakistan in the shape of Nawaz Sharif and Gen. Musharraf’s in the shape of Zardari and the NRO is recent history, so don’t want to dwell too much on them.

Sufficeth that what Benazir, Zardari, Nawaz, Shahbaz and company, subsequently did to Pakistan is now no secret!

Their loot and plunder is now public knowledge. Panama, Corruption, Money laundering, Fake accounts etc are there for everyone to see, except those whose political and business interests and futures are tied to these criminals and hence are blind, deaf and dumb

And for all this.

Yes, I’m afraid, a large part of the responsibility lies with Gen. Ayub, Gen. Zia and Gen. Musharraf! And we haven’t even discussed our involvement in the Afghan Jihad or the War on Terror, or giving space to sectarian and Jihadi outfits and using these non state actors as instruments of State and Foreign policy!

So there we have it.

Corrupt politicians, a broken hijacked electoral system, weakened or near destroyed civilian institutions, a bankrupt economy, a dysfunctional society polarized on ethnic, linguistic, religious and sectarian grounds.

But the most serious issue today are the attempts to polarize Pakistani society on pro and anti ‘Establishment” basis (read Army).

This is fraught with extremely serious and even existential consequences for us.

Yet it is the same institution, along with other para military institutions which successfully defended the country against terrorists for 9 years, giving tremendous sacrifices.

It is the same institution which responds most effectively to every natural and man made calamity, disaster or security situation, we face everyday.

It is the same institution, despite its terrible past and despite its current inordinate influence, which believes that the future of Pakistan lies in strong civilian institutions, not dominated by the Military.

It is the same institution which believes Pakistan’s well being is best served by a strong and corruption free governance model, fully representing the will of the people, their hopes, desires and aspirations of a just, equitable society where everyone has the same opportunities.

It is the same institution which is very clear that non state actors, militant jihadi outfits and sectarian religious groups have no role in the affairs of the State and will never and should never be used as instruments of State policy.

It is the same institution which believes that we have punched well above our weight in the Region and that we must live in peace with our neighbors, especially India and Afghanistan!

It is the same institution which believes that Pakistani has been grossly misgoverned and sucked dry by all its past leaders, military and civilian and they must do whatever they can to support the current PTI government, despite its weaknesses, to cleanse the system, so we have a fighting chance to rebuild the Nation!

It is the same institution whose current leadership realizes the terrible effects, a military coup has on the Country, its People and its Institutions!

It is the same institutions whose past two leaders, Gen. Kayani and Gen. Raheel, despite their weaknesses, and the current Chief, Gen. Bajwa, have studiously stayed away from directly interfering in the affairs of the state, but, and we must and should say, have exercised or attempted to exercise indirect influence to try and limit the unbridled loot and plunder that prevailed under Zardari and Nawaz Sharif.

But for Panama, no government institution, no individual, no judiciary, no media would have been able to stop Nawaz from coming back in power by hijacking a highly compromised electoral process, using the entire force of the State machinery at his disposal.

In fact, on 29th May, 2018, then PM Shahid Khaqan Abbasi, a day before their government was dissolved, told a senior diplomat, “Don’t worry we will be back in July”. So sure where they of their total grip on the electoral process and their ability to rig the results!

So what is this “Deep State” or the “Security Establishment” that we throw about with abandon?

Well in simple terms it is no different to the ones existing in the USA or UK or the democracies of the Western World or India, with one difference.

Because of our past military rule of 33 years and the consequent destruction of our civilian institutions, the Army Chief, who heads your so called “Deep State” or the “Security Establishment” or whatever name you want to call it, seemingly exercises greater influence as compared to other countries.

However the ground reality is that agencies like the CIA, MI5, MI6, RAW, MOSSAD or the Defence establishment of countries like the USA and India exercise huge behind the scenes influence on every aspect of society in their countries.

Does that justify the influence the Pakistan Army Chief exercises. Of course not.

There is no deep state! There is no “establishment”.

Its just the Army Chief heading an extremely powerful monolithic well run military machine, which happens to be the only functioning state institution, today!

But do not forget that there is also a very very dark and dirty side to national and international politics and someone has to do the dirty work as well!

So today we have a dysfunctional state a near bankrupt economy, civilian institutions in ruins and just “one man standing” The Pakistan Army!

And if you were an enemy of Pakistan like Modi or you wanted to regain political power like Nawaz or save your dad from imprisonment like Mrs. Safdar or Master Bilawal, and thought that the Pakistan Army or Imran Khan stood in your way, what would you do?

Well if you were Master Bilawal or Mrs. Safdar, or Modi or other enemies of the country, you would do everything in your power to weaken the Army, weaken Imran and bring them both down!

And how would you do it.

You would polarize the country against the Army and Imran.

You would attack the Army and Imran in direct and indirect ways.

You would launch slogans like “Khalai Makhlooq” Dayshath Gardi kay Peechay Wardi Hay”.

You would ridicule imran with labels of “selected”.

You would fund, launch and support movements like the PTM, under the garb of democracy and freedom of speech.

You would employ Cambridge Analytica type tactics to fill mainstream and social media, that Pakistan’s problem is not corruption, not misgovernance, but its Army.

You would buy media anchors and hacks to promote this theme of the Army running the country. That Imran is a puppet and continuously building resentment and animosity against Imran and the Army.

You would use the likes of Master Bilawal and Mrs. Safdar, to attack the Army. Two biological absurdities of zero ability, zero achievements, zero experience, terrible values, propped up by their Rasputins, because the entire status quo of the corrupt mafia, their political future, financial wealth, power and influence is at stake.

You would use the slogans of “Democacy” and “freedom of expression” to sully the name of the Army!

Or like Hasil Bizenjo, himself a beneficiary of Rs. 5 lakh from the ISI in 1988, boldy name the ISI chief as being responsible for not being elected Senate Chairman. By the way quite a cheapskate to sell his soul for a mere Rs. 5 lakhs, I must say!

And By God, you would have a lot ammo because today the economy is in a slump, thanks to Nawaz Sharif and Zardari, prices are sky high, people have lost jobs, there’s been significant erosion of wealth, a significant economic downturn and loss of business confidence.

On top of all this the military’ footprint and influence is quite visible and ISPR ensures we dont forget it!

But!

And, and it’s a very very very important BUT for us to understand.

In an environment which has been raped, looted, pillaged and plundered by Nawaz Sharif and Zardari, we have no option but to rely on an institution like the Army to tide us over this extremely difficult period in our history simply because no other institution today stands strong and firm!

It is difficult for me to say this because, like the vast majority of Pakistanis, I strongly object to the way the Army exercises its influence and is not held accountable and answerable!

Also like the vast majority of us, I abhor Martial Laws and military dictatorships, and in fact joined Air Marshal Asghar Khan’s, Tehrik e Istiqlal, immediately after I left the Army in 1981, to campaign against Gen. Zia’s rule.

But, I know that today, whether we like it or not, we have no option but to successfully navigate through these very difficult times.

We have to work diligently to rebuild and strengthen our civilian institutions and the Country.

And for this the Nation needs the whole hearted support of the very institution which we ironically also must, when the task is done help retreat and confine itself to its constitutionally defined role. The Pakistan Army.

It’s not going to be an easy ride. No individual or institution gives up power and influence easily, but this is the only way and it will take time.

We cannot undo the consequences of 33 years of military rule and 35 years of loot and plunder by the Sharifs Bhuttos and Zardari in one or two years.

My assessment is that this transition will take anything from 5 to 10 years before we have very strong civilian institutions, a revamped electoral process, based on proportional representation, which allows for competent professionals, specialists and subject matter experts to come into politics, legislatures and government so we don’t have to elect the same corrupt politicians from the same gutter over and over again.

But most importantly that we have complete civilian, legislative and executive oversight and control over all affairs of the State, including the Military!

And despite my personal aversion to any extension to the Army’s current Chief, Gen Bajwa, I think between PM Imran and Gen. Bajwa, the stars could not be more auspiciously aligned for Pakistan to get us to that state!

A lot is riding on the PTI government to deliver good governance and on the military to help rebuild Pakistani institutions.

And hence a lot is riding on the shoulders of PM Imran and Army Chief, Gen. Bajwa!

A piece of unsolicited advice for the Chief and his ISPR.

Please keep a low profile. Do not keep reminding us and the world how powerful and influential you are. Everyone knows it.

Just focus and help in rebuilding Pakistan and at the same time ensure that the Army is also accountable.

If a serving 2 star Maj. Gen or 3 star Lt. Gen is found to be corrupt, kindly revoke his commission, strip him of his rank, privileges and benefits, name him and shame him. Publicly indict him, prosecute him and convict him as harshly as you can and then send him to jail in handcuffs in the full glare of media publicity so you make an example out of him, so that the people of Pakistan know that there are no sacred cows!

But for God’s sake, don’t give him a cushy job to head a civilian institution!

So before I end, let me repeat what I said earlier, lest we’ve forgotten.

I think, the Pakistan Army, is without question or doubt, our finest, most professional, most well led, most process and merit driven, most reliable and the least corrupt, of all our state institutions.

It is my considered opinion that if every able bodied young man and woman of this great nation could serve two years in the military and undergo the physical and emotional experiences that the rank and file undergo, Pakistan and Pakistanis would be a far better country and society

Pakistan’s enemies, both external and internal, Master Bilawal and Mrs. Safdar, especially, would not be able to mislead our people, especially our youth against this institution.

This is the Pakistan Army, not the Indian Army, for God’s Sake

I urge PM Imran, Defense Minister Khattak, Human Resources Minister Zulfi Bukhari and Gen. Bajwa to institute this great public service.

And now Kashmir on the brink of a major conflagration!

Time to dump Master Bilawal and Mrs. Safdar!

Salaams and Prayers
Haider Mehdi

JKT……Imran’s de facto Chief of Staff. Was he a victim of a gross miscarriage of Justice?…A Subjective appraisal!

By Syed Haider Raza Mehdi – 5th July, 2019

Disclaimer. Every view is biased! Mine, yours and the so called objective one

To say that JKT evokes strong emotions for and against, is the classic understatement.

Opinions about the man fluctuate wildly. One hears about.

His very close and trusted relationship with Imran.

His enormous influence in party and governance matters.

His role in PTI’s electoral success, in corraling independents and political partners to get the required majority numbers in the Center and Punjab.

His being central to the fairly public slugfests with the likes of Shah Mahmood, Ch. Sarwar, Hamid Khan, Saif Niazi and the silent rivalry with Asad Umar and others.

Depending on who you talk to, he’s either a brilliant genius, highly disciplined, organized, professional and meticulous in his planning and execution. An incredibly powerful negotiator, a very successful deal-maker in the cut and thrust of Realpolitik.

Many acknowledge him as the mastermind behind Imran’s and PTI’s electoral success. He is still Imran’s closest confidante and advisor who Imran listens to, respects, and a rainmaker who delivers impossible results.

Or

JKT is an ambitious, ruthless, vicious, selfish, political infighter who mercilessly destroys his political foes, inside or outside the party. He has caused great harm to the party bringing in the traditional corrupt politicos, destroying the party’s clean image. He has an amazing ability to rub people the wrong way, is arrogant and aloof and wants to exercise total control.

Some even allege that he is unscrupulous and leverages his political strength and closeness to Imran to promote his business interests.

So there you have it. An enigma!

Wherein lies reality?

Difficult to answer in a binary black and white. But clearly somewhere in between!

So why am I writing about him, when there’s so much other stuff going on!

Rana Narco behind bars:

Zaradari’s benami properties being attached:

No silver linings for the Sharifs!

Desperation striking the opposition.

BLA being declared a terrorist outfit.

Imran’s forthcoming Trump meeting etc.

And most sadly, Bilawal opening a whole new Pandora’s box by alleging Imran’s “drug habit”.

This coming from a person whose sole claim to fame, as is Maryam’s, is being born into an incredibly evil, wicked and corrupt family, who have looted and plundered Pakistan with abandon!

Be warned that some really ugly allegations on their characters are sure to follow. Sad! Very sad!

But back to JKT!

What piqued my interest was a recent discernible and positive change in the quality of Imran’s decisions who, appearing fairly rudderless a few months ago, seems to be much more confident and in control and taking better decisions!

Why?

In my opinion, other than Imran finally getting a serious handle over governance, overcoming his near existential inexperience, ignorance and incompetence, coming out of the lowest point in his first year, perhaps his worst, the lowest point being Asad Umar’s sacking, and then the slow upward swing with the new economic team, the passing of the budget, the IMF loan, Rana Narcos, AZ in the dock, a successful amnesty scheme, it was JKT’s return back into the active inner sanctums of Imran’s decision making circle, which has a lot to do with Imran’s coming of age, say the “church mice!”

It appears that JKT may have taken over the role of a de facto Chief of Staff to Imran.

A role Imran desperately needed to fend off the bunch of incompetent qaseeda khawaans and lotus eaters surrounding him, help him vet data, information and offer well thought through and objective advice on key policies and decisions.

In my opinion, despite what his detractors may say JKT seems most suited for this role.

A role, critical to Imran’s success, as I’ve stated countless times before.

The Chief of Staff role requires someone who has a brilliant understanding, insights and experience of project planning and implementation in public sector and political environments.

Someone who is also a technocrat and subject matter expert in a critical area, as well as a hard nosed, hard core political animal who understands the vicious cut and thrust of politics.

Someone who Is highly experienced in public sector governance and the ways of the bureaucracy.

Someone who is financially independent and wealthy.

But above all someone who is utterly and fiercely loyal to Imran, has his ear, professional respect and confidence.

Today, who better than JKT? Its that simple!

Let’s face it. The reality is that JKT is now disqualified for life, and hence has no subjective agenda to push through, other than Imran’s and PTI’s success. Which brings me to JKT’s disqualification!

This may seem like a plug for him, but the details of the case and the disqualification truly shocked me!

In in the interest of full disclosure.

I barely know Jehangir Tareen. He is certainly not a friend or even a passing acquaintance. I have only met him once, briefly for 30 odd minutes, and that too, by chance.

We have exchanged the odd WhatsApp text. In fact I have oft held him responsible for many of the ills besetting PTI especially the internecine intra party strife etc.

Also I’m neither a PTI member or an office bearer. In fact my recent comments and articles about Imran and PTI have been harshly critical of many of Imran’s decisions and actions, costing me dearly, including being declared persona non grata around Imran.

But JKT’s disqualification intrigued me!

How could someone as smart and brilliant as JKT, with the best legal and professional advice available to him, be so incredibly stupid to put his entire political career at risk by “hiding” or “not disclosing an asset” bought through an off shore inheritance trust set up by him for his children, in which he, his wife and children were also beneficiaries?

How?

So I decided to dig deeper and pored over the case, the judgement, petitions, the English and Jersey law governing these trusts, plus seeking advice from those who know.

In this I did approach him seeking details of the case, which he kindly provided!

What I discovered was to say the least, surprising and very disturbing.

For context, I regularly read Barrister Babar Sattar’s columns, often disagreeing with his political perspectives, but admiring his legal ones.

His basic contention in many of his articles has been that our Superior Court Lordships have penned judgements, based not on past precedences or solid legal grounds, but in a fairly cavalier manner, perhaps based on personal whims, egos, and or political expediency.

Could petty jealousy, political conspiracies or personal vendetta be causes as well? I don’t know!

Time and again we see benches authoring completely conflicting judgement on cases which are very similar.

And we saw a lot of this during the Ch. Iftikhar and Saqib Nisar reigns.

Yes I call them reigns, because both lorded over their functions like arrogant, despotic and frequently irrational dictators, throwing judicial functioning in complete disarray, through their contradictory judgments and behaviours unbecoming of a Chief Justice!.

In my opinion, JKT’s case was also a sad reflection of the above.

So what was JKT’s case?

Hanif Abbasi, himself now a convicted drug smuggler, filed a petition to disqualify JKT on four grounds.

Insider Trading – Not Guilty.
Misdeclaration of Agricultural income tax – Not Guilty.
Written off loans – Not Guilty.
The Kicker – Property in UK – Guilty

As I stated eatlier I pored over the case and here have attempted to provide a simple overview without getting too much into the mumbo jumbo of the law.

1. JKT earned money in Pakistan legally, and paid the requisite taxes on it.

2. He then transferred a portion of these legally earned, tax paid funds. through official and legal banking channels, to his bank accounts in the UK and onwards into an offshore inheritance trust in the UK as an investment for his children. So there was no intent to “hide” money or “sources” from where money was made. All transfers were through legal banking channels and certified financial instruments.

3. The irrevocable inheritance Trust so created, meaning that JKT could not undo it, then incorporated a company, Shiny View Limited which bought the asset, Hyde House, held in trust by EFG Trust Company Limited. These are absolute standard ways to create trusts, especially for one’s children’s inheritance purposes.

4. Under Laws governing such Trusts, JKT’s role was that of a “Settlor” meaning the guy who “deposits / settles” the funds in the Trust. Absolutely correct, JKT paid the money to form the inheritance trust and acquire the property, for his children.

5. The beneficiaries of the funds in the Trust or any assets it may acquire were his 4 Children and so named in all documentation.

6. All his children regularly, every year, declared their ownership of this “asset”, Hyde House, in their regular tax returns to FBR well before the 2015 nomination papers filed by JKT. This again showed that there was never any attempt by JKT to “hide” the asset” as it always appeared in the tax returns of his children.

7. He and his wife were also named discretionary lifetime beneficiaries of the Trust to preclude the children from dissolving the trust and selling off the assets, in his or her lifetime. But could do so after their demise. This is a fairly standard clause in most inheritance trusts.

Now here’s the tricky legal part. Please read 8 and 9 slowly, preferably twice.

8. JKT set up an irrevocable discretionary inheritance Trust under which complete legal and beneficial ownership of assets of the Trust vested in certified professional Trustees who were trusted to ensure that any funds / assets vested in the trust would be given to JKT’s children, as per the terms of the Trust, after his and his wife’s demise.

9. Unless there is actual transfer of any asset to any discretionary lifetime beneficiary, in this case JKT or his wife, such discretionary beneficiary has a mere expectation and no proprietary interest in the assets held by such Trust. There is decades of unbroken English and Jersey law on this.

In simple words, the asset, Hyde House, belonged to the inheritance Trust, with his children as prime beneficiaries and the asset did not belong to JKT or his wife, under the laws governing such trusts. This is fairly common in Pakistan Trust law as well.

His lawyers advised that because his children already declare Hyde House as their asset in their tax returns in Pakistan, he was not required to do this.

Stupid advice? Perhaps.

Bottom line.

Nothing in the transaction showed any intent to “hide sources of money” “money trails” or “the asset”.

Everything was done through legally earned, tax paid funds, transferred through legal banking channels (not on the backs of Camels) and publicly reported in tax returns by his children who were the beneficiaries of the trust.

So now to the judicial case.

A three judge bench comprising, Chief Justice Saqib, Justices Ata Bandial and Faisal Arab, disqualified JKT by first rejecting that a valid trust was created, which owned the property, Hyde House, calling it a sham front!

Once they did that, they then proceeded to link the property directly to JKT because he was “discretionary lifetime beneficiary” of the trust, by his own admission. The same Trust the Lordships called a sham!!

And then the coup de grace!

And therefore because he had not disclosed his being a beneficiary in this property in his nomination papers, hence under Article 62(1) (f) was declared dishonest and unfit to hold public office under section 99 (1) (f) of the Representation of People Act, 1976.

This is really strange reading.

They reject the Trust as a valid asset holding entity, but accept his being a “lifetime discretionary beneficiary” in the same Trust they say does not exist or was a sham and use this to convict him!

Unbelievable Logic!

Adding further salt to this “remarkable” judgement is the following observation by the learned Judges, perhaps their most damning comment in the judgement which gives away an intent to pronounce a guilty judgement, whatever the facts may be

“…….. Perhaps SVL was created as a repository to hide his tax paid money, sent through banking channels and shown to have been spent on the creation of SVL and the purchase/construction – of the “Hyde House”; but this was done in a clandestine and dubious manner. The object behind this exercise was to hide and stash the said money, SVL and the property from the tax authorities and from the public eyes…..

Stupid Question from me!

Which “brilliant” mind or minds would draw this conclusion or observe that someone would be so stupid as to “HIDE their LEGAL TAX PAID MONEY sent THROUGH LEGAL BANKING CHANNELS”, for the purpose of HIDING these legal tax paid funds FROM TAX AUTHORITIES and then dub these actions as “dubious and clandestine” ?

Speechless! Just speechless.

Bottom line!

Nothing in the transaction showed any intent to “hide sources of money” “disguise money trails” or “hide the asset”.

And to repeat myself again!

Everything was done through legally earned, tax paid funds, transferred through legal banking channels (not on the backs of Camels) and publicly reported in tax returns by his children who were the beneficiaries of the trust.

The Bench did not pay any heed to the fact that he had not displayed any deliberate intent to hide the asset or was deliberately committing a dishonest act.

They paid no heed to the fact that the money was legally earned, tax paid, officially transferred through banking channels and regularly declared in the tax returns of JKT’s children!

I then looked at Khawaja Asif’s case, seemingly an open an shut case of clear guilt, or so it would seem, because he was held “NOT GUILTY” for not declaring an asset in his nomination forms, virtually an identical case under which his party leader, Nawaz Sharif was declared GUILTY for not declaring his salary as an asset he received from his employers as a permanent resident of the UAE.

The Honorable bench in that case comprised Justices Faisal Arab, Umar Bandial (yes the same two who disqualified JKT) and Justice Sajjad Ali Shah.

This judgement, unlike JKT’s, waxes eloquently about “intent” about “clarifying source of income” about “omissions being a case of poor judgement but not of wilful dishonesty”

These phrases are worthy of current Chief Justice Asif Khosa’s judgments.

A man with as strong a spine and as worthy a rare mettle one has seen in the Superior Judiciary. Sadly one cannot say the same for some others.

Khawaja Asif’s case with Nawaz Sharif’s case as a binding precedent, should really have been an open an shut case but for reasons that must be investigated, Justices Ata Bandial, Faisal Arab and Sajjad Ali Shah adopted a very different approach.

In Khawaja Asif’s case Judgement, we come across such beauties!

…..There are many conceivable instances where an omission to declare an asset on the face of it cannot be regarded as dishonest concealment. … Such like omissions at best could be categorized as bad judgment or negligence but certainly not dishonesty… Hence mere omission to list an asset cannot be labelled as dishonesty unless some wrongdoing is associated with its acquisition or retention which is duly established in judicial proceedings. In our view attributing dishonesty to every omission to disclose an asset and disqualify a member for life could never have been the intention of the parliament while incorporating Article 62(1)(f) in the Constitution. All non-disclosures of assets cannot be looked at with the same eye….

Yet in JKT’s case, this principle was not applied.

In their wisdom, they then go on to say…

……Where a matter with regard to an undisclosed asset is taken to court, it would not form the opinion that it is a case of dishonest concealment without first calling upon the elected member to explain the source from which such an asset was acquired…..

And when the source was explained by JKT their laughable response is what was shared earlier.

They then go on to say…..

……It is the credibility of the explanation that would be the determining factor as to whether non-disclosure of an asset carries with it the element of dishonesty or not. The test of honesty with regard to non-disclosure of assets and liabilities is to be applied in that context only and certainly not in a case where a clean asset has not been declared on account of bad judgment or inadvertent omission…..

In JKT’s case non-disclosure of the asset clearly carries with it the element of open transparency and honesty

And thus Khawaja Asif was declared NOT GUILTY because the Honourable Bench determined that it was “inadvertent omission without ill intent”!

Masha Allah! Subhan Allah!

Don’t know how many others have suffered such a travesty of justice. It is shocking, senseless, saddening and appalling.

Over to you, Chief Justice Asif Khosa. I hope you get to read this.

I say this because you’re an honourable man out to reform this rotten system which results in such gross miscarriages of Justice.

I say this so such a travesty is not committed again and past wrongs, set right.

To begin with a Supreme Court review appeal MUST NOT be heard by the same bench which passed the original judgement, but by a different bench so it receives fair and objective treatment.

It is not possible to expect the same bench to review its own judgment, overturn it and bring into question their own competence.

JKT should not have been punished in this case. Because he hid nothing, earned money legally, transferred them through official channels, and his children declared their ownership in their tax returns.

His case must be reopened under a new bench and his review petition heard again.

Many will conjecture on why I wrote this piece.

Some will allege that “JKT bought me”.

For them in the words of Rhett Butler/ Clark Gable in “Gone with The Wind “Frankly my dear, I don’t give a damn!”

As I stated earlier, JKT, despite the controversies surrounding him, is on the balance a very positive influence on Imran, helping him take good decisions and govern well and effectively!

And that is good for Pakistan, as Imran is still our best fighting chance!

Plus I’ve always had a soft corner for the underdog and those who have suffered grave injustice. Including people like Hamid Khan, who I greatly admire and respect.

I hope JKT reconciles with him, Saif Niazi, Shah Mahmood, Ch. Sarwar and others and distances himself from the likes of Fawad Chaudhry!

Haider Mehdi

“……And we missed the Boat!!!…..

 

By Syed Haider Raza Mehdi – 13 June, 2019

Earlier today, a friend and former classmate sent me a short news report on the quality of Indian graduates of the IIT, established by Nehru, in the early 50’s, soon after partition.

Our story was very different and how we in Pakistan, missed the boat, not just in developing strong public sector institutions but in establishing similar high quality science, technology and engineering educational institutions.

It’s my considered opinion that a key reason was that at Partition, a cabal of hereditary, rich, corrupt and powerful, landed feudals “elite captured” all sources of Pakistani power, simply to perpetuate their hold over the people. They had no love for Pakistan, or its people or its future, except their own selfish interests.

The vast majority already lived in the geography which later became West Pakistan. They sacrificed nothing for Pakistan. They lost no property, no fathers and mothers, no sisters and brothers, no sons and daughters but in fact, acquired even more power and wealth as a consequence of the infamous evacuee property scams!

By and large this evil cabal of plutocrats and kleptocrats still exists today.

Today, these rural political heavyweights, are joined in the merry plunder, by the urban merchant elite, the bureaucratic elite and that most elite of elites, the Pakistan Army General.

Our political and social contract has always been of an “elite cabal” lording over poor masses. Imran and PTI included.

Despite Imran’s desire and protestations to the contrary, his desire to clean up the mess, I do not see him succeeding, unless this stranglehold of the Elite Mafia, is broken.

Unless he is able to, as a start, throw out this mafia like cabal of crooks, self seeking carpetbaggers, power brokers, corrupt and crooked cabinet ministers, advisors and, special assisstants who have leeched onto him.

Not all, but certainly the vast majority!

We need a new Republic!

A new political and social contract.

Perhaps an anarchic revolution, if not a real revolution. But anything, literally anything, which will uproot the existing order.

We need something so harsh, so cruel so painful that the wounds make us think twice before allowing another crooked cabal like mafia to take over.

Last week I saw a documentary series on The American Civil War by Ken Burns, on Netflix. A strong must see.

Made me realise why they’re the most powerful and influential nation on earth.

1. 4 million people fought against each other in over 10,000 place over a 4 year period. And over 160 years ago!

2. 620,000 died to defend what they stood for. Their State, their way of life, their values. For and against slavery!

3. 4 million black slaves were released from bondage.

4. A President was assassinated for not giving in.

Father against son, brother against brother. Former classmates and childhood friends mowed each other down in cornfields and cotton plantations.

That is how this Nation was forged in the most painful way.

The vast majority of the people of Pakistan got this country handed to them on a platter on the morn of 14 August by one of our greatest leaders, Mohammad Ali Jinnah.

But for him we would have still been living in even more abject misery as a marginalized ghettoized community, much like the Muslims of India today.

If anyone lives in some fools paradise of a united secular India with Muslims and Hindus living together in communal harmony, they need to look at Modi, the BJP and what’s happening to Muslims in India.

Those who migrated to Pakistan, and sacrificed their all had to start from scratch.

Those who spoke one of the regional languages, and came from East Punjab, mostly Punjabis, assimilated well.

Those who were alien to the land and spoke Urdu were and are still hounded for calling themselves Mohajirs.

Interestingly, have yet to come across a single Punjabi, Sindhi, Balochi or Pathan who identifies himself as a “Pakistani”.

Who are you?

I’m a Balochi, a Sindhi, Makrani, a Punjabi, a Pathan/ Pakhtun, Baltistani, Kashmiri, Gilgiti etc etc or some even call themselves Afghans. Then the tribes, sub tribes, clans, sub clans etc etc.

But we berate the Urdu Speaking community for trying to establish their own identity, bereft from the one they left behind and because no one will take them as their own.

The solution?

No idea!

Perhaps a revolution or sheer anarchy with marauding unruly mobs, finally fed up, go on a looting and plundering rampage. Centuries of anger hurled on the riches of the privileged.

Mobs looting and plundering those living in the comforts of the Bahrias, the Defence Societies, the Gulbergs and even the privileged no go areas of our most powerful elite, the Army Generals, living in the fortified safety of their palaces in pristine Cantonments and colonies.

And Golf Road in Pindi, perhaps symbolises this most ugly and visible symbol of this elitism, alongwith their luxurious residences, gilded huge offices and palatial messes.

Perhaps a major calamitous event which breaks the stranglehold of the elite.

Perhaps a mad dictator.

Perhaps a complete change in our electoral process which allows highly educated, committed people to come into positions of governance and policy making.

I don’t see any of this happening, hence my temporary “retirement” from political commentary and activism and media.

But that IIT report just compelled me to pen this!

Alas and Sigh!

Salaams and Prayers
Haider Mehdi