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https://www.dawn.com/news/1347007/ducks-not-in-a-row
Ducks not in a row
Cyril Almeida July 23, 2017
199
AND so we’re back to where we began: he may go, but it’s not likely he will. Not because he’s innocent but because he’s not been proved guilty.
Nawaz isn’t resigning and he sure doesn’t look resigned.
Forget what the kids have said and the associates have done and what the documents suggest. To get Nawaz and get him now, there’s three things that the court has needed.
Three things that have to be lined up perfectly — the evidence and the will. And for reasons no side has any interest in revealing, they’re the three hardest ducks to line up in a row.
The three things: evidence against Nawaz the individual; evidence against Nawaz the prime minister; and the will to oust a prime minister. And crucially — in that order.
If it were the other way round, it would have been straightforward. If the will to oust exists, the paths are many and the reasons plentiful.
Ouster the old-fashioned way is about getting rid of someone now and dealing with the future later. If they make a comeback down the road, you can deal with that situation then.
But Panama has been constructed the other way round: the sudden emergence of something that opened the door to thinking about getting rid of the chap again.
Crucially, it’s been built on the presumption that the evidence already exists, that the allegation is the crime. That all that’s been needed is a willing executioner.
In a way it has been about the puppets tugging at the strings above, trying to draw the master’s attention and pleading for a favour to be done to them.
And that created the triple problem.
The first is the evidence against Nawaz. Not his kids, not his father, not his associates. Him — the man himself. The apartments are his as sure as day is day and night is night.
He loves those apartments and anybody who knows anything about family patriarchs knows that he and he alone will decide who gets them and how they’re used.
You can also guess why. The apartments are a link to his father’s legacy, the original patriarch. As his generation’s patriarch, Nawaz has unified the apartments — to inherit and build on his father’s legacy.
But none of that matters. Because what is known anecdotally and boasted about politically is not how the law and the courts work.
There’s no need to even explain it — the gap between the formal law and the financial and social arrangements familiar to every Pakistani is vast and virtually insurmountable.
It’s why there’s an informal economy. It’s how the stock market works. It’s how the property sector inflates and collapses. It’s how the government pulls together its finances, for Chrissake.
The proud existence of the apartments and the fact that everyone knows who owns them changes nothing about what can be proved about Nawaz and those apartments.
So the base of the three-step pyramid is weak.
For the ouster lot, it gets better at the middle: the case against Nawaz the prime minister, not Nawaz the individual.
It gets better here because the evidentiary threshold can be made more flexible. Nawaz can be held accountable for the shenanigans of his kids because, duh, it’s not like they could have made much of that money on their own.
And even if they could, why would you skip out on all the money you can make if your family name is Sharif?
But the evidentiary flexibility against Nawaz the PM works in both directions: if it’s easier to assume the family wealth is all because of Nawaz and his position, it’s also harder to do something about it because he’s the prime minister.
He’s not some two-bit MPA or junior federal minister who can be cast aside and everyone just gets on with life.
Oust him now and you’re rocking the system. Past turmoil may suggest it’s easy to pull the trigger, but it really isn’t. There’s a queasiness that comes with it that even the brave struggle to deal with.
It’s why Musharraf only got three years straight after his coup. And it’s why even Iftikhar Chaudhry wasn’t able to get Gilani right away.
Nawaz the PM makes it easier to expand the definition of things he can be held responsible for, but Nawaz being the PM makes it harder to actually hold him responsible for those things.
And that brings us to the top of the pyramid: the will.
The franticness with which the puppets have tugged at the strings above them, begging the master to do what they are desperate for tells its own tale.
There is, in the very few centres that matter, an ambivalence about pulling the trigger. About cutting the string and letting Nawaz sink in the sea of accountability.
History suggests there’s two reasons for deciding to make a break: something substantive or something personal.
Oddly, Nawaz’s salvation this term has been that he hasn’t been much of a success. He hasn’t really done anything to threaten or enrage anybody. Sure, he’s wanted to but he hasn’t really tried to.
So the substantive part is out. Which leaves personality friction. With whom? Quick, name any of the three judges on the bench. When was the last time the CJP has been in the news?
Is Nawaz at war with his army chief or DG ISI? Friction draws attention. There hasn’t been much of it.
The ducks don’t look like they’re in a row.
The writer is a member of staff.
cyril.a@gmail.com
Nothing but wise cracks of a half @$$ed journalist sitting abroad.
He is deducting his lame duck theory from his recent personal experience. If we go by that then he may appear to be correct in his assumptions but in this case it is apples and oranges.
The way recent SC proceedings of JIT implementation bench have concluded, the factors in play in this case are quite the opposite from the factors of influence experienced and mentioned by the self out casted journalist in the dawn leaks orchestrated story and its aftermath.
The Military has spoken softly in favour of the Supreme Court and remains largely impartial other than holding an obvious grudge due to dawn leaks, they have shown commendable restraint since the infamous tweets and remain in favour of democracy as they have been in recent past.
The Supreme Court five members bench has conducted all its proceedings by the book. Not even the defendants can point a finger and say that we have not been given a fair chance or denied any chance to submit evidence or argue at any length for that matter.
In my opinion, Cyril is off the mark because for the first time we have witnessed two senior judges of Supreme Court ruling for disqualification against a sitting PM in a case that may yet find the PM disqualified.
Whether Cyril's ducks are in order or the other way around, the majority, if not all of the five judges seem to have been frustrated at the lack of proof of money trail. What decision the honourable judges arrive at is purely their own discretion.
What would Cyril have said if Justice Afzal had given his ruling siding with the two other disqualification rulings instead of asking for JIT to do more investigation and instead of giving one more chance to defendants to provide (still non existent) money trail proof.
Cyril may not be very wrong on his own account in assuming a repeat of the same old but historical turn of events have made a fool out of much more competent and honourable men than our wise cracking friend Cyril.
I don't blame Cyril for hiding behind his ducks. He couldn't have managed to write any better on the subject due to his personal prejudice against duck hunters.
All I can say is History is yet to be made.