Never in the history of Pakistan, barring martial law regimes, there has been steep erosion of rule of law and the marginalization of constitutional mode of governance. It is not only the blatant violation of order given by Pakistan’s Supreme Court to ensure proper medical treatment of Imran Khan, founder of Pakistan Tehrek-e-Insaf in Al-Shifa hospital, Islamabad but in the last few years judiciary has been tamed by passing 26th and 27th amendments. The lack of assertion by lawyers representing various bar councils and the opposition parties challenging severe violation of constitution and rule of law reflects that the so-called hybrid system in Pakistan is now heavily titling in favor of military establishment with Chief of Defense Forces (CDF) Field Marshal General Asim Munir assuming more powers than the Prime Minister and the President.

Fragility of civil-military relations in which the military establishment since early 1950s till today is undermining democracy, political pluralism and civilian mode of governance is transforming Pakistan as a full-fledged deep state where neither political parties nor the civilian government is able to reclaim power. 

When democracy was restored in 2008 with the exit of General Pervez Musharraf from power and 18th amendment was passed in 2010 with consensus by the parliament, there was a hope that the days of military’s intervention in politics were over. But it was a wishful thinking because the manner in which civilian governments after 2008 made a mockery of democracy and entrenched in corruption and nepotism provided military an opportunity to reassert its position culminating in the passing of 26th and 27th amendment which not only weakened superior judiciary but also gave excessive powers to CDF unprecedented in world history. It means that political parties failed to establish the culture of accountability and adherence to basic democratic norms. The violation of Supreme Court order by the government is a reflection how weak judiciary has become that it failed to take notice of blatant violation of not adhering to rule of law. It also means that the silence of lawyers, civil society, media, academia........

© The Friday Times