Martial Law imposed, Constitution held in Abeyance, Fundamental rights suspended
Crises deepens as country moving towards anarchy and more chaos
On Saturday 3rd November, General Musharaf imposed Martial Law under the disguise of Emergency and introduced new provisional constitutional order (PCO). The Constitution has been held in abeyance, all the fundamental rights suspended and purging of the superior judiciary has begun. This the second time that general Musharaf has taken the ultra constitutional step as chief of army staff. He did the same on 12th October 1999 after removing the Nawaz Sharif government. All the political activities have been banned and crackdown is going on against the political workers. The desperate Musharaf has launched assault on Judiciary and media to keep control on power. There were rumors from last few days that government has lost patience and wanted to take ultra constitutional steps to tame the rebellious superior judiciary and media. On Saturday these rumors turned into reality and regime came out with its real face. The much talked democratic transition has been transformed into a military dictatorship. The present Parliament, Provincial assemblies, federal government and provincial governments will continue to exist to show to the world that it is not a military dictatorship or Martial Law. But all this is just to camouflage the real character and nature of the regime.
Establishment vs. Judiciary
There was tension between the military dominated establishment and superior judiciary since March but it takes the decisive turn on Saturday as establishment attacked the judiciary with full force. Regime removed the Chief Justice and other Supreme Court judges which were considered anti government. Under this new PCO the judges of high courts and Supreme Court was asked to take fresh oath but majority refused to take the fresh oath. Only 5 judges of Supreme Court took oath and 12 refused. In Sindh high court only 4 out of 27 took oath. The overwhelming majority of judges refused take new oath. Meanwhile 7 member bench of the Supreme Court declared PCO unconstitutional illegal. The two state organs are facing each other face to face. The armed organ of the state has attacked the unarmed organ. The establishment was not happy with the Chief Justice and some senior members of the superior judiciary and decided to take the final blow. General Musharaf accused the Supreme Court for taking side with extremists and terrorists and interfering in the matters regarding with establishment. The main reasons described by the government are,
1- Attacks on state infrastructure, security agencies
2- Judicial Interference
3- Affecting war against terrorism, economic growth
4- In executive functions
5- Weakening government’s writ
6- Demoralizing police, hampering intelligence agencies
7- Release of some militants by court orders
8- Judges overstepping their authority
9- Supreme judicial council made irrelevant
10- Judges humiliating government officials in courts
11- Trichotomy of powers eroded, law and order affected
This charge sheet clearly shows the grievances of the establishment against the judiciary. Supreme Court took some unprecedented steps against the accesses committed by the police and bureaucracy. Normally the courts always cover up the wrong doings of the state officials but that was changed in recent months and Supreme Court started to take action. Musharaf was frightened from a Supreme Court decision which was expected on Tuesday against his uniform and reelection. Supreme Court was also hearing the cases of forced deportation of Nawaz Sharif and missing persons. The government was not very happy on the remarks made by the judges during the hearings of these cases. There were clear indications that Supreme Court has decided not to accept any ultra constitutional step or measure and will not validate it like in the past.
This is a final show down between the relatively independent judiciary and dominated establishment. It is a battle between the judiciary to keep its independence and the establishment to reestablish its dominance over the judiciary. This battle is not over but a beginning of the new battle between the different sections of the ruling classes. If establishment succeeded to purge the anti establishment judges and induct pro-establishment judges in the superior judiciary that will be a big blow to the independence judiciary. But if protest movement developed around this issue than the tables may be turned against the establishment. It is not clear that what will be out come of this battle but one thing is sure that country has further plunge into turmoil and anarchy. The events of next week will determine the out come. The armed wing of the state has showed its strength and muscles to the judiciary and working masses and now it is the turn of the lawyers and masses to show their strength.
Police State
Pakistan will become a police state under this PCO issued by Musharaf regime. The courts will not be able to hear any cases against state officials and government functionaries. Police and intelligence agencies will become bolder and will violate the laws and basic rights. Their actions will not be able to challenge in the courts and they will have a free run against the opposition political workers and leaders. Their actions will become laws and no body can question these laws. There will be more repression and government will use violence to suppress any opposition. Pakistani police and law enforcement agencies are notorious for abuse and misuse of their powers to torture and humiliate opposition activists. A tamed judiciary will help the police to cover up the abuses and repression. The fundamental democratic and human rights have already been suspended. The police have already started the crackdown against the political workers and leaders of the lawyer’s movement. These arrests will speed up as the movement will started to develop. The anti establishment judges has also been put under house arrest. No body is allowed to meet them and their phones have also been shut down. This all is just the beginning and still lot more to come in coming days. This regime has failed miserably to deal with rising religious militancy and extremism in the tribal areas and Swat and now want to crush the media and judiciary. The unarmed media, judiciary and political workers are far easier target than the fully armed militant in the tribal areas. Now the regime will target the opposition workers in the name of war on terror. New draconian laws are most likely to be introduced to give more powers to the police and intelligence agencies. There will be further restriction on trade union and political rights.
Will Musharaf survive?
Musharaf is desperate for his survival and will do every thing to remain in power. General Musharaf has reached again on the starting point of October 1999. After 8 years of rule and claims about the democracy, independent media, judiciary and human rights, he has actually returned back to the military rule. This draconian step to impose Martial Law will not solve any thing but on the contrary will aggravate the already uncertain and tense situation. He is desperate to get back the control and power that he has lost since March. It can be safely said that this is one of the gravest errors of the judgment, and a sorry indication that nothing has been learnt from the past mistakes. It will further fracture an already weakened federation, alienate those have grievances against the centre, such as the Tribal areas and Baluchistan, and push whatever little credibility the government had down a very deep abyss. It will be impossibly difficult for Musharaf to last long with this draconian act of desperation. His future depends on the reactions of the political parties and working masses. He has left with no other option if this move failed to bring normalcy in the situation. Even a semi mass movement can make it impossible for Musharaf to hang on to the power. His body language in a televised speech to justify his actions was a clear indication that he is not very confidant and it was a speech of a man who has lost much. He was not looks like a confidant military ruler. His speech was meaningless and even failed to impress any body. This is really the beginning of the end. He is trying to give the impression that military generals and civilian bureaucracy is fully supporting him but it will change dramatically as the opposition to his rule will increase. He has made a mistake to open two fronts at the same time against media and judiciary. Both enjoy huge respect and support in the masses. He has lost what ever credibility was left. It is most unlikely that he will be able to continue for a longer period of time. The situation and his future will become clear in next couple of weeks. His regime is the most hatred and unpopular in the history of Pakistan.
The support from Benazir Bhutto is key for his survival, if Benazir decided to turn her back to him; he will further plunge into deeper crises. Against all the speculations Benazir returns back from Dubai immediately after the promulgation of the Martial Law.
She has condemned the Martial Law but used very calculated and cautious words to oppose it. She has refused to accept the justification from the regime and called for the struggle to restore democracy. All the opposition parties have condemn the PCO and announced to organize the struggle against it but it will be clear in next few days that whether these announcements will be translated into action or not. It will be difficult for any party to openly support the regime in this situation.
The regime takes on to the media and judiciary because it is confidant that people will not come out on the street to protest these actions. The regime is undermining the anger that exists in the working masses. These actions can provoke the masses and once they started to explode than the regime will collapse like the house of cards. Capitalism is the system of crises, turmoil and repression. The turmoil and crises will continue until the capitalist system will not be defeated. The over through of Capitalism and formation of a democratic workers government in alliance with poor farmers and peasants will end the ongoing political turmoil and crises.
SMP demands
1- Democratic Workers and peasants representative government on the basis of a Socialist planning and policies to end the crises and turmoil
2- No to the Martial Law and military government, restore the constitution and civilian rule
3- Stop the repression and arrests, release the arrested political workers
4- No to the ban on political activities and trade union rights
5- Trade unions and workers associations must organize political action to defy the regime
6- Reduce the prices of food items and essential commodities at least 50%
7- No negotiations with regime, government should step down
8- Stop the war on terror and killing of innocent people on the behest of US Imperialism
9- No to the religious extremism and militancy,