An inspiring comparison

Thursday, 17 January 2013 00:00 - - {{hitsCtrl.values.hits}}

In a rare but telling coincidence, the order to arrest the Prime Minister of Pakistan and the exit of the Chief Justice of Sri Lanka happened on the same day. This is perhaps the best comparison of how far this little island has moved away from the idealistic standards of democracy and rule of law upon which it was founded.

Pakistan, which has been under direct military rule for about half of its 66 years of independence, is never held up as an example to the rest of the world on rule of law and respect of Judiciary, but it has nonetheless gained a degree of respect in comparison to regional members.

The order to arrest Ashraf and 15 others on corruption charges is especially poignant given the embattled state of Pakistan that is hemmed in by Islamic extremists and heavy US influence, a perennial stand-off with India, lacklustre economy and endless political upheavals. The fact the Chief Justice has removed a President and Prime Ministers and is preparing for the exit of a second Premier in such a chaotic backdrop makes it all the more impressive.

President Zadari’s Pakistan’s People Party (PPP) came to power in democratic elections in 2008 after the ouster of Gen. Pervez Musharraf’s military-backed Government. From the beginning, his administration faced challenges from Supreme Court Chief Justice Iftikhar Muhammad Chaudhry, who had spearheaded lawyers’ protests that eventually forced out Musharraf.

The Court quickly overturned a decision by Musharraf to drop hundreds of pending corruption charges against scores of politicians, including Zardari. It ordered the Government to open a probe into allegations that Zardari took kickbacks from a Swiss company in the 1990s. Zardari has denied those allegations, but the judicial push has not lessened.

Then-Prime Minister Yousuf Raza Gilani resigned last summer after the Supreme Court found him in contempt of Court for refusing to investigate Zardari. But the Government held on to power, appointing Ashraf to the open post.

But now with elections on the horizon, the Government is struggling to maintain itself long enough to complete the first democratic handover of power in its turbulent history. With polls earmarked for May mass-scale protests are being mobilised to push the Government out of power and allow the Judiciary and military to monitor elections. While these interplays are providing much concern for Pakistan’s long-term stability, it cannot be denied that the independence of the Judiciary is impressive and its ability to provide a balance for Parliament remarkable.

With many South Asian countries struggling to produce similar examples of judicial independence, Pakistan’s Supreme Court stands out as an unlikely hero. It has several useful lessons for Sri Lanka, which is fresh from a change of Chief Justice and the process itself is under fire locally and internationally, even though the Government has justified the move. To many, Sri Lanka’s democracy and rule of law is receding into the shadows, leaving its right-minded people bewildered and saddened. Perhaps the most shocking reality is that countries such as Pakistan have suddenly become benchmarks.