I still fondly remember the debates which used to rage in our English class when Hamlets beautiful soliloquy was discussed. It’s probably one of the most famous pieces of writing in English literature, being a masterpiece depiction of the inner turmoil one feels when faced with the ultimate choice, life or death.
While I would always enjoy the good humored arguments, I would also wonder how Shakespeare managed to confront poor Hamlet with such a number of moral dilemmas, and us readers with the number of possible interpretations. To choose a life with dishonor, or to fight back and risk death, with the subtle comfort of it being an honorable one? ‘To be’, meaning life, and ‘not to be’, death. Or vice versa? Or is it about bravery or cowardice?
I must now thank the honorable justices for their judgment, if that’s what it can be called, in the NRO implementation case. They have made modern day Hamlets out of all of us by gifting us a judgment which is now our sorry lot to figure out.
Given that the facts of the case were simple enough, this judgment is also a masterpiece, though more of a farcical kind. The government had refused over the past two years or so, to implement or follow in spirit, a single order of the Supreme Court regarding the NRO. Not only that, but both Messrs Zardari and Gillani had been issuing extremely controversial statements about this sub-judice case. And in the meantime senior civil servants were actively encouraged to adopt a very negative attitude towards the whole proceedings.
It would be hard to find a more clear case of contempt of court since the merry commando had troops storm the Supreme Court. Or going a little further back, when dear Nawaz Sharif had his PML goons attacked the Supreme Court building.
However our honorable justices have handed down a judgment which has made Shakespeare look positively amateurish. It’s not so much a judgment as a multiple choice examination of our cumulative legal knowledge! Instead of getting a firm judgment we have been presented with not one or two but six choices or options which these learned Judges or more of their ilk may choose from on a future date.
These range from threatening both the Prime Minister and President, options 1 & 2 as they have been naughty children, to # 3 which deals with the setting up of another commission to implement the relevant parts of this judgment! Thank you, your honors, option 3 is definitely not on. Along with the fact that your performance has almost guaranteed Shariah courts for all of us in the future, it seems to have escaped your notice that nobody could possibly understand the first judgment itself, therefore finding the relevant parts in this is likely to be an impossible task.
Option # 4, then goes and offers any of us a chance, if we happen to feel that these options impinge on any of our rights, to appear before the honorable justices. Thank you again, your honors; we, or rather our insulted intelligences, would like to let bygones be bygones. Please let us be.
Option # 5, addresses the Chairman NAB, accuses him of all manner of crimes, and then it reminds him that the commission may take action against him. May! Yes, you read right. I hope that it’s a typo in the original judgment. I also have a feeling that at least we have now one future dead duck in the shape of the Chairman NAB. Good enough of a ritual sacrifice, if you ask me.
But the best has been left to the last. Option # 6, actually informs all of us that if the bad guys, (read Messrs Zardari and Gillani) refuse to accept the courts judgment whatever it is, then in interests of not creating any undue tensions between various organs (pun unintended) of the state, the matter may be left to the discretion of the ordinary citizens i.e. you and me!
Now, my lords, this is being cheeky. Not all of us are Taliban. You cannot simply keep beating up the little boys and passing us the real big daddy. Have a heart please, and perhaps a muscle.
But the icing on the cake is at the end of the judgment. The Chief Justice has been requested to increase the number of judges hearing this case by the time of the next hearing!
I honestly think that instead of this case being heard in the court we should have handed over this whole matter to a traditional jirga or panchayat, with the honorable Chaudhry Shujat being the surpunch. I could guarantee you that with a few underage girls being married off as a token of goodwill, delivery on spot of course, along with a few billions in compensation for all those lost sugary kickbacks rights, both Zardari and Gillani would have cheerfully resigned.
This judgment is going to have very far reaching dire consequences. It has weakened the case against both the esteemed gentlemen, has opened the door for appointments in the superior judiciary itself being questioned, has further delayed the announcement of the first clear legal verdict on the whole issue, and the worst of all, has again raised the specter of nazria e zaroorat (doctrine of necessity).
When is our judiciary ever going to learn that it is there to enforce the law not dispense what it perceives as justice for all. The role of the judge is to pronounce a verdict. Its then up to the executive to enforce it or the parliament to pass appropriate legislation if they are in disagreement with either of the two. What possible ill could have arisen from pronouncing a guilty or not guilty verdict at this point of time?
Where have the justices of the caliber of Rasheed, Kiyani, Cornelius and Samdani gone? Why have we become masters of camouflaging our lack of character behind meaningless self invented and self serving philosophies?
I pity you, my lords, because you have chosen to pass the buck, whereas a little more of spine and moral courage now, would have given all of us so much more hope. I wish you all the luck, and hope that you continue to sleep well while hiding behind obscure legal precedences and taking refuge under the comfortable covers of imagined desires to do what is best for the country.
I am angry but I do understand what drove you to this. It’s a brave man or woman indeed who creates precedence. You see, the other lines from that soliloquy also now seem to have clearer meanings for me.
But that the dread of something after death,
the undiscovered country,
from whose bourn no traveler returns,
puzzles the will,
and makes us rather bear those ills we have,
then fly to others that we know not of.
Thus conscience does make cowards of us all.
Shakespeare could sure spot a coward. So can an ordinary Pakistani, unfortunately for you, Your honors.
