Monthly Archives: October 2010

Asma Jahangir’s victory in the Supreme Court Bar Association elections is a momentous event in the country’s political and legal landscape. Even the worst of her critics grudgingly admit that her principled stance has remained consistent in a country where intellectual honesty and integrity are in short supply. More importantly, her reasoned approach to recent bouts of judicial activism has been a source of strength for stakeholders in the democratic process. Almost every progressive Pakistani has been overjoyed with her election as head of a professional body which was on the verge of losing its credibility due to indulgence in partisan politics.

Since the lawyers’ movement created a stir in 2007, the bars had started to assume the role of a political party with an exaggerated notion of their power. Instead of focusing on what ailed legal education and the maligned profession, the regulators had turned into rowdy mobs, televangelists and spokespersons of the free and restored judges. Encouraged, a Supreme Court judge reportedly remarked how ‘popular will’ was above the Constitution. The pinnacle of this approach was the judgment in the NRO case. Asma Jahangir and a few other sensible lawyers highlighted the problematic aspects of the verdict. This was a game-changer and Jahangir was at the centre of this rational discourse. (more…)

The short and interim order has disappointed many quarters that had been lobbying for a grand showdown between the judiciary and the parliament. Institutional conflicts could engineer systemic breakdowns. However, the apex court has avoided the route of appeasing its core constituency — the activist lawyers and bars — which for some odd reasons have been arguing for a governance paradigm that locates judicial dominance at its centre. Pakistan’s quest for parliamentary democracy has sought representative rule and no unelected institution, howsoever effective or popular, can appropriate that space. The interim order on the petitions challenging the 18th Amendment to the Constitution has tacitly acknowledged this reality.

The bone of contention in this saga has been the insertion of Article 175-A which revised the mode of appointments in the superior courts by introducing two broad based fora — a Judicial Commission and a Parliamentary Committee — to make the process of appointing judges inclusive, less discretionary and transparent. Several other new clauses were also challenged but Article 175-A was the subject of much debate and discussion as a few purists from the lawyers’ movement deemed it to be against the Independence of the judiciary as enshrined in the Constitution.

The decision also comes in the wake of an ongoing crisis comprising judiciary-executive collision on a number of issues. In the past two years, for right or wrong reasons, almost every executive decision of import has been challenged in the courts, thereby creating a duality of evil versus the good in terms of decision-making. Let it be clear that this is not the reality perhaps. It is a perception carefully crafted by the media and sections of the opposition who have strategized to use legality and judicial activism as mechanisms to settle scores with the ruling party and by extension the coalition. The court has, by and large, acted with judicial propriety and has avoided the brinkmanship suggested in TV talk shows and belligerent political statements. (more…)

This morning arrived with the shocking news of the recent barbarity played out in Pakpattan (formerly known as Ajodhan) when two criminals left bombs outside the shrine of Baba Farid. Eight innocent people, returning from morning prayer, lost their lives and about 2o were injured.

Baba Fariduddin Ganje Shakar’s shrine was the latest victim of terrorism. We have now entered into a decisive phase of the ongoing battle. What is the purpose of attacking a shrine other than the fact that it defines the historical reality of a peaceful and secular Punjab. Baba Farid is revered by Muslims, Sikhs and Hindus of the subcontinent. He is the leading light of Chishti school of Sufism in Indo-Pak subcontinent. Other than his status as a mystic, Baba Farid is the pioneer of modern Punjabi language as it was innovated and refined in the 12th century. The Punjabis across the world consider him as a cultural and spiritual master.

We condemn this brutal attack, this sheer cowardice and barbarity. It is time to fight against this menace of sectarianism and scaring the people of Pakistan. We have lunatics – now dangerous criminals – who are hellbent to destroy our centuries’ old culture.

I am reproducing sections of an article from Manzur Ejaz which narrates the contribution of Baba Farid to the Punjabi language and how times were a commentary on the changing social contours of the Punjab. (more…)

My contribution for Jinnah Institute’s secular space

What are we fighting for? What are we aiming at? It is not theocracy, not for a theocratic state – Mohammad Ali Jinnah

Sixty-three years after the country was created, the term secular remains the most contested and misunderstood political concept in Pakistan. Mention the word secular and there is a litany of protests. The right wing thinks that secularism is an outright blasphemy of sorts, while the liberals hold that the genesis of Pakistan was through an anti-secular process. It is amazing that this happens in a country which was founded by a genuinely secular leader of the subcontinent. Until the 1930s, Jinnah was an undisputed ambassador of Hindu-Muslim Unity and even in 1946 he was willing to make political bargains within the context of a secular and decentralized India.

If anything, the Indian National Congress despite its rhetoric of secularism failed the ultimate test of being accommodative of the Muslim demands. Here ‘Muslim’ was not a religious identity but a broad banner for a community’s cultural, economic and political interests. It would be naïve to suggest that there was no religious motivation in Pakistan’s creation. In fact there were many who interpreted Pakistan as an Islamic country. However, Jinnah was categorical in his stance. There is enough evidence to suggest that he shunned the notion of a theocracy. Yet the contradiction of creating a country for Indian Muslims posed a challenge to the new state-project. For instance Jinnah is said to have told Raja Saheb of Mahmoodabad as to whose Shariah would Pakistan follow. Iskandar Mirza’s version is even starker when he quoted Jinnah: “Shariah? Whose shariah? No. I shall have a modern state.”
Whatever doubts on Jinnah’s intentions or political rhetoric employed by the Muslim League, Pakistan was meant to be a polity where state was separate from religion. Jinnah was unequivocal about the vision of the state when he spoke on the floor of Pakistan’s first constituent assembly on August 11, 1947: (more…)

I have been quoted in this report – on law and order in Pakistan (the backdrop is World Justice Report). My quotes are slightly wonky but then we can’t stop journalists from interpreting things they want to!!

LAHORE: The state, the police, the law and the general public are all to blame for the lack of rule of law in Pakistan, according to legal and law enforcement experts.The World Justice Project on Thursday released its first Rule of Law Index report, which ranked world governments in categories such as absence of corruption, clear and stable laws, open government and access to the justice system. Among the 35 countries surveyed, Pakistan was ranked at the bottom of nearly every category. The report profiled 1,000 respondents in Karachi, Lahore, and Faisalabad. (more…)

A book review published in DAWN mentions my piece on Mehdi Hasan:

… Raza Rumi’s piece ‘The Melodious Age of Mehdi Hasan’ discusses in reasonable detail the socio-cultural impact that Khan Sahib has had on Pakistani society.

Beginning from his birth (in the town of Luna in district Jhunjhunu, Rajasthan in 1927) he touches upon the early struggling phase of his life and then, in lyrical prose, talks about the society that he is a part of and how music in particular and the arts in general are looked upon.

He writes, ‘Our greatest artists, singers, poets and intellectuals have suffered at the hands of a conformist society and state captured by puritans especially since the late ’70s.

It is never too late for the intelligentsia of this country to mobilise public pressure on the state machinery so that it learns to respect cultural diversity and the imperative to nurture a creative, healthy and civilised society.’

Showering compliments on Khan Sahib, Raza Rumi rounds off his article by claiming, ‘Miyan Tansen must be proud of his new age prodigy.’
(more…)

The recent attack on Abdullah Shah Ghazi’s shrine is another reminder of the plain truth that the Pakistani state needs to focus on its domestic crises rather than remain obsessive about external threats. The unholy conglomerate comprising al Qaeda, sectarian outfits and elements within the state has targeted Karachi’s best-known public and cultural space. This is a continuation of Islamist battles against Pakistan.

Yet, apologists remain adamant. Butchering of civilians and annihilation of a plural Sufi culture is a reaction, we are told. First, it was the US occupation of Afghanistan, then the invasion of Iraq and now drone attacks in Pakistan. True, Muslims and Pakistanis are enraged at US policies and its sheer arrogance in dealing with the region. But using anti-Americanism as an excuse to overlook the growing cancer of bigotry at home is disingenuous and dangerous for our future. (more…)

Karachi’s famous shrine of Abdullah Shah Ghazi was attacked a while ago. Over 60 people are injured and 12 are dead. After Lahore’s Data Darbar attacks, this is a trend that is gaining an ugly momentum. We condemn this act and mourn the deaths of innocent people who were visiting to perhaps allay their stress and seek some peace from the place. Shrines are not just religious – these are public spaces and also cultural markers. What a shame that terrorists are trying to destroy our culture and turning us into a bunch of afraid people living in a fractured and violent society.

Thursdays are special for shrine-goers. And this is what suits the terrorists’ agenda. This is not the first time that such a heinous tragedy has occurred. We are living amid barbarians who have no tolerance for people with inclusive and plural Sufi thought. Karachi has suffered such an attack for the first time. Reports of the city having turned into a hub of Al-Qaeda and faith-based militants are all too well known. A new phase of terror may have bgun for the city that has already been suffering ethnic, sectarian and other forms of violence. This does not augur well for the port city, its centrality to our economy, trade and prospects.

The majority of Pakistani (and South Asian) Muslims follow the Barelvi school of thought which has historically been inclusive, and with few exceptions non-violent. In pre-1947 subcontinent such a local variant could easily co-exist with other religions and faiths.The tradition continued until the rise of petrodollars enabled many Sunni-ideological states to invest heavy money into the propagation of a particular brand of Islam that is exclusive and in many ways anti-minorities and anti-women. Hence the unprecedented growth of madrassas in Pakistan during the 1980s (which coincided with the Afghan jihad project). (more…)

Raza Rumi

Strange things are happening. Two months after a natural disaster hit millions of people and created essential prerequisites for an economic meltdown, the focus of Pakistan’s ruling elite — elected and unelected — remains on power politics. As if the utter lack of preparedness to cope with a disaster was not enough, the response to the disaster and its monitoring by a holier than thou media is baffling. The primal cause of the post floods mismanagement, if were to believe the analysts on prime time TV and opinion piece writers from the press, is the corrupt clique headed by Mr. Zardari. Those with the most religious bent of minds have cited a divine wrath as a cause of this calamity. A few right wing newspapers have even blamed the United States and India to have caused this natural disaster to punish Pakistan for its nuclear weapons.
The genesis of such intellectual confusion and distortion of public debate lies in the way the Pakistani mind has evolved into a hydra-headed, paranoid and militarised being. This has been the greatest contribution of the Pakistani state to shape and craft a society that places a premium on nuclear weapons over citizen welfare and which demonises the political process and celebrates religious militancy as a just cause. (more…)

A natural disaster, largely unavoidable, has provided a glorious opportunity to all those who have been hankering to reverse Pakistan’s fragile transition from an authoritarian to quasi-democratic rule. There is hardly a new script for the much-touted change and its proponents are using the same old tricks out of their worn out hats to prepare for a rollback of the democratic process. Therefore, the intense rumour-mongering, which has gripped Pakistani psyche over the last fortnight, is a tried and tested success formula: create the perception of change and then turn it into reality.

Even though Pakistan’s military remains unwilling to intervene, regime-change seems to be the flavour of the month. Ironically, this time large sections of the electronic media are hyperactive participants in the process, which is most likely going to push the country towards another man-made disaster. It is appalling to note that TV talk shows are focusing on extra-constitutional remedies. For instance, a Mr-Know-It-All anchor, whose acrobatics are well-known, posed a question to his (utterly uninspiring) guests to discuss the merits and demerits of the Bangladesh model and the so-called ‘General Kakar formula’. While the responses of the guests were entirely predictable, the most shocking response came from none other than former minister and Senator Iqbal Haider who has been a dyed-in-wool democrat. He confidently and at times vociferously advocated the “General Kakar formula” which essentially relates to the intervention by the army chief in a situation where a political deadlock emerges. One had always sympathised with this reputed lawyer’s position on the problems with the way his former political party – the PPP – was led and managed but to hear pleas for an extra-constitutional intervention was shocking to say the least. (more…)