Murtaza Mohsin

The country is in the grip of a stormy debate on article 248 of the Constitution of the Republic. The discussion in the print and electronic media often spins out of boundaries of decency and decorum with the public at large getting more confounded than ever before. We are living in interesting times when the legal community in particular has crossed all limits of tolerance and moderation. Most of the readers and viewers of newspapers and TV talk shows respectively do not even know what is article 248 of the fundamental law of the land. Here is what the said article says about Presidential immunity: 248(2) —No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office". This provision is not Zardari specific because it does not mention his name. This facility is meant to provide protection to any Head of State against prosecution regardless of whoever holds that high office. If this protection is so unambiguously guaranteed in the Constitution why is there so much hue and cry targeting the present holder of the highest office of the land? This question calls for an answer and a response. Since its establishment in November 1967 PPP has been subjected to all sorts of intrigue and slander. The party of the people has survived all attempts at it's disintegration.
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Don Lemon Military dictators and several semi civilian administrations have unsuccessfully tried to eliminate the party of martyrs from the consciousness of the people. President Zardari is not the first target of the forces of status quo, obscurantism and reaction. No body in the opposition is prepared to recognize the sacrifices of the man who braved and survived solitary incarceration and physical torture behind bars for more than 11 years without conviction. To run a democratic dispensation for four years without absolute majority in Parliament and without traditional clutches is no mean achievement. Since day one soothsayers have been predicting the fall of this government but their wishes have been frustrated by superior skills of the most maligned leader in the history of the country. Every night adversaries of PPP led coalition go to sleep with the dream that they will come to power at sunrise next morning. Their pipe dreams are not likely to materialize till early 2013 when the people will troop to polling booths to elect their next government. This is going to be the first time in the history of Pakistan that power will be transferred peacefully to the next winner of national elections held in a free, fair and transparent manner. Forces traditionally inimical to democracy are hell bent to foil attempts to preempt a peaceful transfer of power early next year.. Serious students of political science know that democracy and peaceful transfer of power are inseparably interdependent.
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Cris Beam Hence the vociferous opposition to Zardari-Gilani team which is the only hope to make an orderly electoral transition a reality as the President earlier took unprecedented steps and transferred his powers to the Parliament through the 18thamendment. The electronic and print media have set up their own public trials to prejudge the sub judice case and to poison the atmosphere in a bid to pressurize the apex court. This campaign appears to be an attempt to subvert the normal course of judicial process. The political implications of the immunity case are far too serious to fit into the speculative calculations of short sighted merchants of the infamous law of necessity. There are scores of internationally recognized cases which give credence to the inevitability of protecting the heads of state from prosecution. Such protection is not Pakistan or Zardari specific. Such safeguards provide space to any head of state to act without fear or favor and without the threat of being dragged in courts on flimsy grounds. The core issues of civil military relations, new terms of engagement with the United States, relations with India and a host of more pressing concerns have been pushed to the back burner by the immunity debate. Whatever progress Pakistan may have made in consolidating democratic process is threatened by questioning a transparent article of the Constitution. Article 248 unless amended by a two thirds majority of the Parliament remains unquestionable beyond reasonable doubt. If however doubts are created to subvert certainties, only God knows where we are heading.
 Zardari may have been subjected to a campaign of ruthless vilification and character assassination because he wants to balance civil military relations founded on civilian supremacy, improve Pakistan- India ties, reconstruct better terms of engagement with the United States and to continue a policy of reconciliation. Success in these areas has been held hostage to the whims of extremists who wish to conquer the whole world. These divine warriors of pristine purity and piety do not consider the imitations of the state of Pakistan. Their wishful dreams have polarized the society and pitted the nation against itself leaving little space for a moderate and civilized polity. The current crisis needs a very careful handling. Our record of managing crises has not been very bright. Consider the manageable upheavals and disturbances leading to the unconstitutional dissolution of assemblies in 1954, 1958, 1969, 1977, 1988, 1990, 1993, 1997 and 1999. We as a nation could not contain the vested threats to the rule of law then. Shall we repeat history or come out with flying colors unscathed this time around? This question boggles every sensitive mind. If we have learnt any lesson from history we shall overcome this time. This could well be our last chance to put our house in order. The luxury of blaming internal and external enemies for our failings is no longer available. The nation needs people who build bridges instead of widening the gulf between political adversaries. Consensus among political forces on a minimum agenda of national reconstruction is the crying need of the hour.
In an atmosphere of acrimony and mistrust the nation stands no chance of survival. The immunity debate should be viewed in this larger context. Otherwise we are set on a course of collective suicide. Both the government and the opposition have to share equal responsibility for steering the ship of state out of turbulent waters. Together through unity, faith and discipline we can make it to the safe shores. A great future awaits us. The choice which is obvious must not be missed.

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