Those most guilty of excess as holders of public office assiduously fan the perception of their being the primary targets of a witch-hunt and/or politically tainted proceedings, etc. Morality and ethics are not synonymous in the version of politics of those artificially "created" by "military means". One can understand Nawaz Sharif's complex in hating the Army; he wants to hide the fact of Zia's Martial Law transforming him from a potential dilettante with no place in the Sharif clan businesses and lacking any political constituency into a formidable politician.
By force of geo-political circumstances and internal politics the military's position in Pakistan remains strong, being responsible not only for defending us against our external enemies but also helping the country survive the avarice of a blatantly greedy political class. Not without successes in development and in the economic field, the Army suffers immeasurable damage getting involved in governance, morphing subsequently into blatant corruption is a short step for those without character and integrity. Notwithstanding strict accountability within the Armed Forces, for reasons of national security, morale, etc this hardly ever gets publicized. Not allowing interference and/or transparency in their accountability process fuels perceptions that the men in uniform are never punished and that slogans of honesty and accountability are meant only for politicians and civilians.
The Army should ensure holding the senior military hierarchy accountable, to quote my article, "The Doctrine of Necessity" in August 2015, "The vast real estate holdings and other assets of a few scoundrels giving a bad name to the uniform is no secret; did they accumulate their enormous wealth commuting their pensions and 'kitchen money' saved by their wives? A crook is a crook whatever his rank and whatever his appointment. To wipe the stain from the uniform our brave soldiers wear, and are frequently dying in, they must be made examples of." The misplaced loyalties of some to an individual, rather than to their oath of allegiance to the uniform and the country, may see people like General Kayani not only being rehabilated but the corruption cases against his two brothers likely to be dropped. What message are we sending to our children in schools and colleges by parading this symbol of corruption before them, that crime pays?
The discipline holding the Army together as one entity is accountability; the paradox is that discipline is based on hierarchical respect for those seniors and trust in their reliability. The apprehension within the military is that by conducting the trial of a senior officer publicly (1) would compromise the trust and respect for rank and appointment (2) the morale of the troops suffer and (3) discipline would break down. The Sharif government wanted to humiliate General Musharraf by making his arrest a public spectacle. While the military hierarchy would not be averse to accountability, no soldier would ever allow their former Chief to be publicly humiliated. One of the more vocal of General Raheel Sharif's senior military hierarchy recommended that to fend off the Sharif obsession General Musharraf be arrested when he returned to Pakistan and trial under Article 6 by the Army itself. This would have allowed the Army to have held their former Chief accountable, giving him a fair trial (and possible punishment) but not allowing him to be humiliated.
The higher the position the greater the responsibility of the person to live and act according to the law. Doing nothing about seniors involved in corruption is an open invitation for others to do the same. To really honour the Shahadat (martyrdom) of thousands of our soldiers we should not allow any crooks serving or otherwise to continue living a life of tax-free luxury. Not prosecuting them would compromise the loyalty to the State and the institution. Truthfulness, justice and respect for the law are ethical questions that have to be approached from that angle. Religion provides for ethical guidelines of men and one cannot separate the legal and the moral obligations.
In Pakistan, judicial accountability has largely been limited to the subordinate judiciary. An independent and incorruptible judiciary can convincingly dispense justice and hold persons accountable only if it carries out self-accountability. Pakistan's Constitution under Article 209 stipulates a Supreme Judicial Council (SJC) should be responsible for holding judges of the High Courts and Supreme Court accountable. With almost a dozen references pending presently, the SJC has not only been apparently inactive for many years, its working is hardly transparent. Good governance is only possible if judges do not tolerate corruption from their own colleagues.
The ethical norms underlying the legal system in an Islamic society are defined by Islam. Hazrat Ali (RA) laid down the following requirements in his order to Malik al-Ashtar when the latter was appointed the governor of Egypt:
"For the settlement of disputes among people select him [the Chief Judge or Chief Justice] who is the most distinguished of your subjects in your view. The cases (coming before him) should not vex him, disputation should not enrage him, he should not insist on any wrong point, and should not grudge accepting the truth when he perceives it; he should not lean towards greed and should not content himself with a cursory understanding (of a matter) without going thoroughly into it.
"He should be most ready to stop (to ponder) on doubtful points, most regardful of arguments, least disgusted at the quarrel of litigants, most patient at probing into matters and most fearless at the time of passing judgement. Praise should not make him vain and elation should not make him lean (to any side). Such people are very few.
"Then, very often check his decisions and allow him so much money (as remuneration) that he has no excuse worth hearing (for not being honest) and there remains no occasion for him to go to others for his needs. Give him that rank in your audience for which no one else among your chiefs aspires, so that he remains safe from the harm of those around you.... Beware! The utmost carefulness is to be exercised in its [subordinate judiciary] selection: for it is this high office which adventurous self-seekers aspire to secure and exploit in their selfish interests. After the selection of your chief judge, give careful consideration to the selection of other officers.
"Confirm them in their appointments after approved apprenticeship and probation. Never select men for responsible posts either out of any regard for personal connections or under any influence, for that might lead to injustice and corruption.
"Of these, select for higher posts, men of experience, men firm in faith and belonging to good families. Such men will not fall an easy prey to temptations and will discharge their duties with an eye on the abiding good of others. Increase their salaries to give them a contented life.
"A contented living is a help to self-purification. They will not feel the urge to tax the earnings of their subordinates for their own upkeep. They will then have no excuse either to go against your instructions or misappropriate state funds.
"Keep a watch over them without their knowledge.
"Perchance they may develop true honesty and true concern for the public welfare. But whenever any of them is accused of dishonesty and the guilt is confirmed by the report of your secret service, then regard this as a sufficient to convict him. Let the punishment be corporal and let that be dealt in the public at an appointed place of degradation."
It is amazing how in the seventh century a tribal society produced the constitution of Islamic polity that is deemed valid for the 21st century and beyond.
(To be continued tomorrow)
(This is the first part of a two-part article by the writer, a security and defence analyst)
Copyright Business Recorder, 2017