The government remains stalled and hamstrung by the judges issue; while PPP co-chairman Senator Asaf Ali Zardari continues to display extra-ordinary capability and talent of simultaneously playing at different pitches.
Since February 18 general elections, Zardari has made and broken several promises to the nation in a short span of four months: He has signed deals and agreements with other politicians, it seems, with no intention of keeping them; he has threatened to impeach and remove President Pervez Musharraf several times without really meaning to do so; he has sided with the lawyers’ movement without really meaning to take any action, at least for the time being, on the restoration of judges.
Before February elections, Zardari joined PML-N leader Mian Nawaz Sharif to issue a joint (Bhurban) declaration stating that non-functioning judges would be restored to their pre-November 3, 2007 positions within a month. After expiry of that period, the lawyers fixed April 30 as the deadline for the restoration of judges. However, nothing tangible happened by that date. Following Zardari- Nawaz dialogue in Dubai, Nawaz Sharif announced that May 12 will be the final deadline for the restoration of judges. However, when the promise to restore the judges by that date was not redeemed, the PML-N ministers, on May 13, resigned en-block from their cabinet slots in the PPP-led coalition government at the Centre.
Meanwhile, Law Minister Farooq Naek prepared a constitutional package for the restoration of judges. According to legal experts, the much-hyped constitutional package is nothing but an attempt to save the National Reconciliation Ordinance, perpetuate PCO judges and pave the way for General Musharraf’s indemnity. The legal experts say that the package is wrapped in a plethora of convoluted, impracticable and badly conceived provisions, ostensibly to guarantee the independence of judiciary, but actually to curtail the tenure and powers of CJP in a Supreme Court packed with Musharraf and Zaradari loyalists.
The key provisions of Farooq Naek’s 80-article constitutional package, seek to provide protection to NRO through a new Article, 270AAA, give a fresh lease of life to PCO judges under a new Article, 270CC, assure PCO judges security of tenure under a new Article, 209, and immunity from prosecution for abetment of high treason by amending Article 6 and empower the government to indemnify Musharraf’s unlawful action by amending Article 46. These five articles of the package form its core, while the rest is dressing up to conceal the real motives.
Zardari told senior journalists, on June 17, in Lahore, that he should not be given any deadline for reinstating the judges from any quarter of the society and that he knows well when he has to take the decisions. He added: Benazir offered the supreme sacrifice of her life for democracy and not for restoration of the deposed Chief Justice. Should one take this declaration to be rhetoric for public consumption, or a reply to the popular demand of the civil society, reflected through the lawyers’ movement?
Any how, this sentence smacks of Senator Zardari’s inner thought. The civil society, therefore, has the right to ask Zardari: Is the present struggle to restore a harmonious balance of power between the various pillars of the state, or keep it tilted towards the President/Executive? Furthermore, is the present struggle for the independence of the judiciary or merely for the restoration of Chief Justice? It is well known to one and all that the current struggle of the civil society is for the independence of the judiciary, fair play and rule of law. Those who talk about restoration of only the Chief Justice are, perhaps, trying to belittle the importance and significance of the present struggle of the civil society. 
Meanwhile, PPP leaders also keep on harping that their party stands by its commitment to restore the judges. Therefore, one wonders what do they actually mean by uttering sentences like these?
Probably, Zardari wants the judges to be restored, but he does not wish a truly independent judiciary, no more so than President Musharraf, who opened his Pandora’s Box of the ‘mother of all troubles’ in March last year.
The keenness of Zardari to simultaneously keep playing on multiple pitches has left the common man confused. At one time, people receive indication from the ruling party leaders that the core issues are going to be resolved while on the very next moment, their hopes are suddenly shattered by a harsh pro-establishment statement by one or the other PPP leader.
While practically remaining seized with efforts to indemnify President Musharraf’s unlawful action of November 3, 2007 and giving security of tenure to PCO judges and also immunity to them from prosecution for abetment in high treason, Zardari announced, on June 16, that PPP would soon bring a president of its own choice as it has done in the case of Punjab Governor Salman Taseer. But when some PPP workers raised slogans against a “personality”, he asked them to “shut-up”. Probably, the slogan ranting Zardari does not like others to sail in the same boat.
Hinting at the lawyers’ long march indirectly, Zardari claimed only the PPP knew how to take out a long march, as anyone could pull a small fanfare. This would be seen as a crude attempt to belittle the success and significance of a historic and mammoth long march by the civil society and display of its power and ability to stage peaceful protest demonstrations.
It appears that NRO is too heavy a girdle around Senator Zardari’s body, rendering him unable to move and think freely. That explains the reason for the frequent change in his stance. Of course, he has to keep many promises and abide pledges guaranteed through powerful actors abroad!
However, Zardari’s stance has disappointed PML-N leader Nawaz Sharif. After holding talks with PPP Co-Chairman on June 19 and June 20, Nawaz Sharif has publicly stated that he was disappointed and dismayed that Zardari did not keep a promise.
Meanwhile, an All Parties Conference, convened by APDM on June 19, has accused the ruling coalition of backing out of the Murree declaration, saying the government has been continuing policies of a dictator and following the agenda of the establishment. It threatened to launch a civil disobedience movement if the government tried to create hurdles in their struggle and if the judiciary was not restored.
While Pakistan and its people remain in deep trouble, this hiatus in focused government is steadily eroding coalition government’s ability to get out of the trouble it is in.