Last night I watched Dr. Pirzada’s interview of Advocate Asma Jahangir regarding her article in the Dawn of 19th December, 2009 on the Supreme Court’s short judgment on NRO.
It was gratifying to note that most of her views were similar to my own opinions as already recorded in my blogs (Ideas for a New Millennium, URL: www. naseemmahnavi.blogspot.com). However on some points she demonstrated the same naiveté as is characteristic of our intellectuals and I feel compelled to put the record straight.
Somehow Ms Jahangir failed to realize that the present judicial setup in Pakistan is the only one in the world put in place by “people power” which places some unique burdens on it. Their judgments have to reflect popular sentiment whether or not the relevant definitive legislation which is supposed to reflect popular sentiment does so due to incompleteness or inadequacy or mischief.
Ms Jahangir is still talking of the three pillars of state which is a concept far left behind. In the modern day reality state and sovereign do not exist. Countries are governed by a collective national leadership composed of political, economic, military, educational, creative, productive etc segments comprising of legitimate achievers in their own fields. The political segment is formed by conforming noncontroversial leaders who migrate from other segments to form a body that directs public opinion and national affairs.
These various segments of national leadership are supposed to carryout internal ethical audits through closed door accountability and mutual criticism. As a distinguished member of the judicial segment of the national leadership Ms Jahangir has a right and duty to review the actions of her peers. But it would have been better if she had chosen a less populist or less vulgar forum such as the Bar council to air her view and chastised the erring judges out of public view. The way she has acted to wash judicial dirty linen in the public some television joker might call her a lousy “dhoban.” Not that it would diminish her achievements.
The process of national catharsis that seems to have started by default on the erasure of the NRO should continue and every sensible person who does not have skeletons in his or her closets should support it. It is a pity that Dr. Pirzada failed to ask the lady whom she would support if there was another confrontation between the judiciary and the presidency. My choice is obvious.
