B L Saraf
“Can Islamic Republic of Pakistan be a secular State?” This question was raised by Pakistan’s Chief Justice, Nasir -ul- Mulk, last week, while hearing petitions challenging the procedure for appointment of superior court judges under the 18th amendment and establishment of military courts under the 21st amendment to try terrorists. Chief Justice enquired whether Article 2 of the Pakistan Constitution, providing for Islam as a religion of the State, could be amended to replace it with secularism.
He wanted to know could it be done by present parliament or a constituent assembly would be needed. First constitution of Pakistan designated it the Islamic Republic and specified that only a Muslim can be its President . The process of Islamization got set in since then and, with a break for a brief period under General Ayub Khan, it continues unabated. Even a progressive, western educated and left leaning Z A Bhutoo couldn’t resist and carried it further by declaring Ahmadias as non – Muslims. And General Zia-ul-Haque took Islamisation to the new heights by propagating “Islam, Piety and Jihad.” Bloody after effects of which are still being felt in the Sub-Continent and elsewhere. Our purpose here is to discuss only the political aspect of the issue raised by the CJ, leaving the religious angle to the experts on the subject.
Some observers feel that the question posed by the CJ is purely of academic interest and should not be taken seriously. Though attempts were made in this direction in past but they didn’t last long. In 1958, General Ayub Khan dethroned Governor – General Iskandar Mirza and established himself an undisputed leader of Pakistan. Under him “the State’s designation was changed from Islamic Republic of Pakistan to the Republic Of Pakistan and all references to the Quran and Sunnah in 1956 Constitution were deleted. “Writes Ayesha Jalal in her book The Struggle for Pakistan – A Muslim Homeland and Global Politics the Belknap Press of Harvard University Press, p 107.
Chief Justice Muluk’s concern for secularism must have, surely, gladdened the hearts of liberals and the minorities. But it will take more than mere inquisitiveness of the Honorable C J to assure them. Unfortunately, Pakistan Judiciary, due to its inconsistent approach to resolve the vital issues at vital times in the history of that country, does not inspire much confidence among the activists and members of the minority communities. Well-meaning observers within Pakistan have noticed the failure of the Pak judiciary to resolve issues in favor of greater public good. Here, role of Chief Justice Mohamad Munir in legitimizing Military rule in 1958 comes to the mind.
According to Ayesah Jalal “Supreme Court headed by Chief Justice Munir dignified the coup as evolutionary necessity …..Then justified his decision by arguing that principles of public law were founded not in books but in the force of public events…. “ps94, 101 of the book referred above. The infamous ‘doctrine of necessity’ came to be applied whenever the political despots like Gen Zia sought legitimization of their Military rule and “public flogging” law, and bump off the political opponents like Z A Bhutto and others. Though some lawyers did speak up for democracy and human rights in General Musharrafs period but inconsistency in their stand is visible. We have noticed it in the brutal murder of Punjab Governor Salman Tasseer by his own guard. When the accused guard was produced before the court to face charges same lawyers mobbed him as a hero and showered rose petals on him. Because, Governor Salman Tasseer had sought to change the Draconian Blasphemy law in Pak Punjab. A step that would have taken Pakistan closer to the secularism.
Though some Muslim countries have evolved in secular republics the same cannot be expected to happen in Pakistan. Because, its existence is on two nation theory which considers Hindus and Muslims as two separate civilizations. Well, some may consider it unthinkable for Pakistan to change course and evolve into a secular republic but we have seen that in some countries dramatic transformations in the body politic have taken place. Who could think in 1970 or 1980 that communism will crumble and East European countries would caste off communism and embrace capitalism. It is quite encouraging to note that, though still nascent, a vocal civil society has taken shape in Pakistan which strives for a liberal and pluralistic society in that country. True, many civil rights activists have been done to the death by state and non-state actors. However, in their death people like Rashid Rehman , Perween Rehman, Sabeen Mahmud, Shahzad Saleem and others have kindled a hope for a liberal, democratic and a pluralistic Pakistan which activists like I A Rehman, Asma Jhangir and others are carrying forward , despite heavy odds.
Pakistan has been set up by its leaders as Islamic state to differentiate itself from India. This notion has to be discarded, as must the belief in “true” and “false” go. The country cannot afford to live under a perceived threat to its existence. These days no country in the world, much less India, is bothered to change international boundaries. If people in Pakistan start thinking in such terms and join hands with the civil society activists that may open up a window to find an appropriate answer to the query posed by the Chief Justice.
(The author is former Principal District & Sessions Judge)
Follow our WhatsApp channel