From many days, I have been stressing on the secret deal between PML (N) Nawaz Sharif and Chief Justice. Wiki Leaks’ Pakistan Papers that are being published in DAWN today have broken the ice and shed light on the reality of Nawaz Sharif. Two important facts should be kept in mind before summarizing the folly of Nawaz Sharif and his largely self-centered rather Pakistan centered and illiterate jageerdaar minded Muslim League.
(1) Wiki Leaks’ Cables that were sent to Washington from American Embassy in Islamabad has revealed that Shahbaz Sharif had conversation with Ms. Patterson over the “constitutional removal of an unpredictable Chief Justice” What a shame! This was the time when his brother the elder Sharif was on the roads en-route to Islamabad on a long march and promising to restore the Chief Justice and trample the government. Cable also shows the reservation of Sharif Brothers with respect to Chief Justice that he shared with nearly all political parties (of course small extremists such as Jamaat-e-Islami and Band Wagon of immaturity and foolishness Tehrik-e-Insaaf exclusive). The reasons were as follows:
(a) Chief Justice is unpredictable. This should be underscored that Mr. Chief Justice Ifitkhar Chaudry had granted immunity and extra-constitutional powers to former president Pervez Musharraf. However, why CJ turned against him? There are many conflicting reports. Wiki Leak Cables had not much to say about it. Some people (may be for joke) assert that the feud between Musharraf and CJ was due to some woman legislator.
(b) Nawaz Sharif and his Pro-extremism League didn’t want to join the Lawyer’s movement but they had to when Zardari pulled the plug of N-rule in Punjab by promulgating Governor’s rule.
(c) Nawaz Sharif vehemently agreed upon the point that PPP and PML (N) would formulate some legislative procedure to curtail the powers of CJ through creation of Constitutional Court that would eventually annul all the decisions of CJ. The appointment of the judges in Constitutional Court would be – it was agreed – with parity. That is both parties would get 50% representation in Constitutional Court as envisaged in Charter of Democracy. (What a shame! PML and Sharif wanted a political supreme judiciary!)
(d) Nawaz Sharif wanted CJ to be restored for his face-saving and then removed by constitutional amendment under Charter of Democracy that states that every judge who had taken oath under any Provisional Constitutional Order (PCO) will be sacked.
(2) The shock came when Zardari plugged off the power of PML (N) in Punjab and imposed Governor’s Rule. This was the time when Nawaz Sharif joined CJ’s party and took on the roads. This should be underscored that the deal between Chief Justice and Nawaz Sharif has been agreed upon the fundamental principles. A hypothetical document that would have been agreed upon CJ and Nawaz League is given below.
(a) Chief Justice will dismiss all the cases against Sharif Brothers that could be used as the base for disqualification of Sharif Brothers.
(b) Chief Justice will acquit Nawaz Sharif from Plane Hijacking Case and will nullify the punishment and will declare the case as forged immediately after restoration.
(c) Chief Justice will open all the cases of Zardari and all other stalwarts of Pakistan People’s Party who has played any role in the imposition of Governor’s Rule in Punjab or created hurdles in the restoration of CJ.
(d) Chief Justice will ensure punitive decision against the case that PML (N) will file through its accomplices in Lahore High Court regarding Zardari’s dual offices.
(e) Chief Justice will ensure no suo-motto or any decision against Sharif Brothers or Punjab Government during the tenure of five years.
(f) Chief Justice will ensure that Punjab Government will remain in power for the constitutional term of five years.
(g) PML (N) will not support any legislature in either of house of Parliament that would curtail any present powers of Chief Justice.
(h) PML (N) will ensure that the services of the judges that CJ will recommend in the future will be extended and extension will be as much as CJ would recommend.
(i) PML (N) will ensure that the names that the induction of new Judges will be according to the advice of CJ.
(j) PML (N) will ensure that no other coup d’ etat would happen on judiciary and CJ will ensure that Establishment wouldn’t able to topple PML (N) government in Punjab or elsewhere.
(k) CJ will ensure the composition of Election Commission such that PML (N) would acquire sizeable majority in Punjab and elsewhere.
(l) PML (N) will ensure the extension in the service of CJ for five years if CJ will secure the Election Commission as envisaged above.
(m) In case, due to external pressure or in house pressure, Nawaz Sharif and Shahbaz Sharif would not be able to extend the service of CJ then they will ensure that the CJ Iftikhar Chaudry would become president of Pakistan and the governors of other provinces would be decided by his consent. Shahbaz Sharif and Nawaz Sharif will not object on the appointment of Justice Ramday as Governor of Punjab.
(n) PML (N) will join the CJ’s movement and Nawaz Sharif will go marching with the protestors that CJ has summoned from all over Pakistan and will spurn external pressure along with Establishment Pressure.
(o) CJ will not take up any case against major legislators of PML (N)
The last clause was added by PML (N) Chaudry Nisar because he along with some other legislators were wary that Nawaz Sharif and Shahbaz Sharif will escape the scene as before in case CJ would exhibit unpredictable behavior and forge deal with Establishment. In the next posts, we will show the details of the deals that CJ struck with Geo TV and PTI Chief. The details of the deal with Jamaat-e-Islami are very important and will shed some light on the fact that why the terrorists are regularly acquitted by Pakistan’s Courts.