KARACHI: ‘Days of Musharraf govt numbered’
At the age of 65, he looks energised and confident as he reiterates that the judiciary will, after having been through one of its worst periods in the country’s history, regain its independence within the next few months.
Seated on a sofa in a guest room at his residence in the city’s quiet Clifton locality, a relaxed Justice (retd) Bhagwandas shares his view of post-Nov 3 events with Dawn. His words rekindle hope for a true democratic future for Pakistan.
Justice (retd) Bhagwandas was retired on Dec 15. And while President Pervez Musharraf got himself a clean slate for all the moves that the retired general himself referred to as extra-constitutional, the former Supreme Court judge believes that the current set-up will not be able to sustain itself for too long.
“I think it will hardly survive for two or three months,” says Justice (retd) Bhagwandas. “I am an optimistic man, actually, and I never lose faith in Allah. This spirit keeps me hoping that the [pre-Nov 3] judiciary will be restored and all the deposed judges will ultimately regain their positions.” He adds that in his view, President Musharraf is increasingly isolated after the recent crises and that the days of his authoritarianism are numbered.
Justice (retd) Bhagwandas was the second most senior Supreme Court judge after the deposed Chief Justice of Pakistan, Iftikhar Mohammed Chaudhry. Along with over a dozen of his colleagues, the former Supreme Court judge refused to take oath under the Provisional Constitution Order (PCO) of Nov 3.
‘Boycott unwise’
Despite having suffered under the current dispensation, however, Justice (retd) Bhagwandas believes that the decision taken by a few political parties to boycott the upcoming Jan 8 polls is not a wise move.
“It is true that the elections would legitimise all the unconstitutional measures taken but at the same time, the political parties must attempt to reach the parliament and oppose such legislation,’ he says. The parties should not leave the field open for those who are ready to be handpicked by President Musharraf, he suggests.
At the same time, however, the retired judge is not happy with the role played by the political parties during the lawyers’ movement. “They [the political parties] should resist,” he tells Dawn. “They did not come up with any impressive campaign during the whole crisis that erupted after the presidential reference was filed against the chief justice of Pakistan on March 9.”
Justice (retd) Bhagwandas concedes that the judiciary played an unimpressive role in 60 years of Pakistan’s history, when democracy was damaged and the judiciary protected illegal and unconstitutional moves taken by both civil and military governments. Yet having retired with over 40 years’ worth of judicial service under his belt, the deposed judge finds that the judiciary is not alone in sharing the blame.
“We can’t spare the politicians and civil society in terms of this whole crisis,” he points out. “The current situation is the consequence of contributions made over many years by all segments of society, including the judiciary.”
While soft-spoken in actuality, Justice (retd) Bhagwandas sometimes sounds aggressive when he asks lawyers to continue their struggle for an independent judiciary and true democracy. He plans to continue to be involved in the lawyers’ movement in a supportive role and commits to contributing to constitutional rights as befits a retired Supreme Court judge. However, he does ask civil society, and particularly the young people of Pakistan, to join hands with the lawyers.
“It is very unfortunate — in fact, I should say that it’s a national tragedy — that we never raise a voice against injustice,” he muses. “This suggests an overall decline in social values. But we will have to learn from history and not only recognise something bad, but also understand that not opposing [injustice] is not a sign of good character.”
Referring to the past, Justice (retd) Bhagwandas says that taking oath as a Sindh High Court judge under the Jan 2000 PCO issued after the bloodless coup was staged in Oct 1999 by the then chief of army staff, General Pervez Musharraf, was for him the need of the hour.
“That PCO had nothing to do with the judiciary and the coup was staged on certain grounds that were welcomed by different segments of society,” he tells Dawn. “But the Nov 3 PCO targeted mainly the judiciary and the media. It had nothing to do with law and order, or the state’s security. Just one man, who feared that the Supreme Court could take a decision against him, violated all legal and constitutional boundaries.”
Looking back over his career, Justice (retd) Bhagwandas believes that he served with honesty and retired with dignity. And in order to maintain the standards he has set for himself in life, he plans to serve humanity in his post-retirement years.
“I am not a political man and neither is it a subject I am interested in getting into,” he reflects. “I made a commitment to Edhi sahib some six or eight months ago, when I was still a judge of the Supreme Court. I committed to working for him after my retirement and that is what I intend to do.”