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In this Issue:
�Anomalous and Untrammeled Role� of the Defence Housing Authority, Lahore Pakistan Senate�s Deliberations Upon an Alleged �Civil-Military Disconnect/Disequilibrium� Apparent Erosion of Safeguards Against Military Rule: Has Article 6 of the Constitution Become Ineffective? Optics of Leadership: Wither the Elected Government? Gen. (Retd.) Pervez Musharraf�s Call for Granting an Extension to Gen. Raheel Sharif Mr. Imran Khan�s Invitation to the Rangers to Lead Drive Against Corruption in Punjab and Khyber Pakhtunkhwa Amidst Meetings of the �National Apex Committee�, the National Security Committee fails to meet Premier-COAS Interactions
�Anomalous and Untrammeled Role� of the Defence Housing Authority, Lahore
Taking exception to the advertisement issued by the DHA, Lahore for Phase VII although the ownership of the concerned land is under dispute, the Supreme Court conducted a series of hearings on the distinct role the Housing Authority has acquired.
Since Pakistan�s independence, the nature of civil-military relations in the country has been a particularly peculiar affair, with wide-ranging and multi-faceted debates surrounding it. The existence of various commercial enterprises of the Military is a critical component of this debate. It is often said that these huge conglomerates provide economic power and benefits to senior Military Command and protecting these interests then becomes the major driving force for exercising covert or overt political power and influence. The Military strongly rejects and emphatically states that the funds generated by the commercial concerns are used entirely for welfare measures.
The latest episode related to the Military�s commercial interests was set in the Supreme Court of Pakistan when the Defence Housing Authority (DHA), Lahore came under scrutiny. While hearing the Suo Moto Case No. 12 of 2015, the Honourable Judges of the Supreme Court1 adjudicated upon the following salient issues:
A 156 kanal tract of land that DHA, Lahore took possession of, and included in Phase VII, �knowing fully well that the persons from whom possession was taken � did not have title and that the said persons were embroiled in litigation with a lady over the land�2. Continued resistance offered by the DHA, Lahore authorities to an audit to be carried out by the Auditor General of Pakistan. The overall constitutionality of the legal instruments which serve as the basis for DHA, Lahore; namely, DHA Ordinance of 1999 (issued by the Punjab Government) and the Chief Executive�s Order No. 26 of 2002.3
PILDAT has noted with concern that the consequent orders issued by the Supreme Court are a critical indictment of the �anomalous and untrammeled role� that DHA, Lahore has acquired over time. Some pivotal arguments made by Mr. Shahid Hamid, Senior Advocate, Supreme Court of Pakistan, in this regard are worthy of reproduction:
DHA, Lahore exercises most, if not all the powers of the Local Governments but is managed by an unelected Governing Body4 and an Executive Board5 in violation of Article 140A of the Constitution. The appropriate Legislature in relation to DHA, Lahore, is the Provincial Assembly of the Punjab. The management of the Governing Body and the Executive Board must be changed, as presently it comprises of Army Officers who are not under the administrative control of the Punjab Government. The �unfettered and uncontrolled power� conferred upon DHA, Lahore under the Chief Executive�s Order No. 26 of 2002 to itself decide its area of operations violates the constitutional rights of the Government of the Punjab.
With regards to the resistance put up by the DHA, Lahore to an audit by the Auditor General of Pakistan, the Supreme Court noted that the Authority does not fall outside the ambit of the Article 170(2) of the Constitution. It therefore stated that the Auditor General is the �competent constitutional authority for conducting the audit of DHA� and should �proceed expeditiously to do so�. Similarly, the bench also noted that the advertisement of plots in Phase VII of DHA was also �evidently illegal�.
The DHA Lahore, over time, has developed into a modern and sought-after residential area. The Authority however has come under increasing scrutiny due to an apparently unfettered role and alleged violations of the law. These include alleged occupation of 137 canals of land of the Government of Punjab, 64 canals of land allotted by former Prime Minister Muhammad Khan Junejo for settlement of katchi abadi residents, etc.6 The Auditor General Pakistan, Rana Asad Ameen also informed the Supreme Court that his office had written six letters to the DHA, Lahore for carrying out the audit of accounts but its management was not cooperating with them.
Considering all these factors, including alleged illegal occupation of land, aversion to an audit of its accounts by the AGP Office, and unfettered powers bestowed upon the Authority, PILDAT believes that it would in the interest of the armed forces and civil-military relations in Pakistan that the DHA, Lahore makes its workings more transparent. To begin with, the audit of its accounts will enhance its reputation of conformance to rule of law.
Pakistan Senate�s Deliberations Upon an Alleged �Civil-Military Disconnect/Disequilibrium�
While debating upon the theme of Public Participation and Democracy on September 15, 2015 (International Democracy Day), two stalwarts of the Pakistan Peoples Party (PPP) in the Senate observed that there was a growing civil-military disconnect in Pakistan. The debate arose when Senator Farhatullah Babar requested admission of an Adjournment Motion to discuss the �statement of former Minister Senator Mushahid Ullah Khan alleging involvement of elements of security establishment in political re-engineering of the country�.
Although the request for admission of the Motion was denied by the Honourable Chairman Senate, Senator Farhatullah Babar observed that �the civil and the military are not on the same page and there is a serious disconnect between the Civilian Government and the Security Establishment�.7
Honourable Chairman of the Pakistan Senate, Senator Raza Rabbani, on the other hand stated:
Unfortunately, the state of the Federation is in a drift. Although we are in a state of democratic transition, it must also be admitted that there is disequilibrium in civil-military relations. There is a need to address this disequilibrium.8
However, on the occasion, the Honourable Leader of the House, Senator Raja Muhammad Zafar-ul-Haq, while representing the Government emphasized that �I can confidently say that today civil military relations in Pakistan are in a state where we can say that by the grace of God there is no challenge to democracy�.
It needs to be noted that Pakistan is actively involved in an internal war, along with facing increasing hostilities on its eastern border. Therefore, security remains a primary concern necessitating a proactive role of our Armed Forces, which may lead to a perception of disequilibrium.
Moreover, difference of opinion between the civilian / political and Military leadership, especially during times of war, is not a novel phenomenon even in developed democracies. Consider the case Gen. Stanley A. McChrystal, the former American commander in Afghanistan. In his memoirs, Gen. McChrystal has stated that �the beginning of President Obama�s first term saw the emergence of an unfortunate deficit of trust between the White House and the Department of Defense, largely arising from the decision-making process on Afghanistan� due to which he had to eventually submit his resignation.9
The point to be emphasized is that any difference of opinion should be resolved through existing forums for civil-military leadership�s interaction and coordination, including the increasingly dormant National Security Committee.
Apparent Erosion of Safeguards Against Military Rule: Has Article 6 of the Constitution Become Ineffective?
During the aforementioned debate in the Pakistan Senate on September 15, 2015, revolving around perceived civil-military tensions, the Honourable Chairman of Pakistan Senate, Senator Raza Rabbani made a critical observation related to enforcing Article 6 of the Constitution. He stated:
I believe that Article 6 has become redundant. Our weaknesses have made it redundant. In my eyes, no constitutional clause can protect democracy. Only the people can protect democracy provided they are given ownership of the system.10
The Honourable Chairman Senate went on to propose certain remedies for the evolving civil-military dynamics during a period of democratic transition, which include:
The Parliament ascertaining the nature of civil-military relations and prescribing a subsequent course of action; Zero tolerance for corruption across the board; Complete supremacy of the rule of law; Show of unity by all of Pakistan�s democratic forces, whether they may be the political parties, members of the civil-society, lawyers or intellectuals, so that by building upon the strength of national unity, the Federation may be strengthened.
PILDAT believes that there is significant weight in the observations made by the Honourable Chairman of the Pakistan Senate with regards to implementation of Article 6 of the Constitution. Apparently, Senator Raza Rabbani�s statement alludes to the Treason Trial of the former President, Gen. (Retd.) Pervez Musharraf for his imposition of Emergency (de facto Martial Law) in November 2007. The matter till now has been held up not only because of the judicial proceedings, but also because of the flagrant disregard shown by Gen. (Retd.) Pervez Musharraf for court proceedings. He has missed multiple appearances in front of the Special Court. In fact, this habit of not appearing before a court of law due to �medical reasons�, even though he has not shied away from frequent media appearances, is a mockery of the rule of law.
PILDAT completely agrees with the observations of the Honourable Chairman Senate. Until there is public support and ownership of the Constitution, especially of the Article 6, the civilian elected Governments will remain largely ineffective, and the specter of a military intervention would always loom large. �Zero tolerance for corruption� and �Rule of Law� are certainly two most important pillars which support democracy.
Optics of Leadership: Wither the Elected Government?
The Chief of Army Staff, Gen. Raheel Sharif saying Eid prayers with the troops in Khyber Agency on September 25, 2015.11
The optics generated by the COAS, Gen. Raheel Sharif�s visit to the Khyber Agency to celebrate Eid with the troops on September 25, 2015 were inspirational not only for our Armed Forces, but also for the rest of the nation as we remain actively engaged in a war against terrorism.
PILDAT believes that the Honourable Prime Minister, Mr. Muhammad Nawaz Sharif, MNA had initiated a commendable precedent by visiting North Waziristan on October 09, 2014. However, it was hoped that the elected political leadership could replicate the same for this Eid as well. Leaders of developed nations around the world follow this laudable tradition of joining their troops at the battlefronts on festivities such as Christmas, etc. For instance, the American President Barrack Obama made a surprise visit to Afghanistan between Thanksgiving and Christmas in December 2010 to personally thank the US troops for their services and to boost their morale in the fight against terrorists. It was therefore regrettable that the Honourable Prime Minister chose to travel abroad on the occasion. Earlier, the Prime Minister had spent his Eid ul Fitr as well in Saudi Arabia in stark contrast to the military chief who spent it with the soldiers in the North and South Waziristan Agency. Comparison between the itineraries of the two is not necessarily relevant or fair but this comparison is unavoidable in view of the fact that people want their political leadership to lead by example.
Members of the ruling PML-N have often stated that the Honourable Prime Minister does not visit the frontlines of the war in the Tribal Areas because of perceived security threats. However, PILDAT believes that the onus of leadership is always accompanied by threats, both perceived and real. The political leadership would be well suited and well advised to overrule such deterrents and lead from the front in what many perceive to be an existential war for our nation against terrorism.
Gen. (Retd.) Pervez Musharraf�s Call for Granting an Extension to Gen. Raheel Sharif
Gen. (Retd.) Pervez Musharraf has also decided to throw his weight behind the chatter calling for an extension for the COAS, Gen. Raheel Sharif. He stated on September 17, 2015 that unless an extension is granted, �everything would go to waste�.12
PILDAT believes that the call for an extension for the COAS, who is to retire in November 2016, is a sensitive subject for civil-military relations in Pakistan. Gen. (Retd.) Pervez Musharraf, by demanding an extension, is fishing in troubled waters. Considering that he was the latest installment in a long line of Military dictators of Pakistan, such a statement emanating from him will not only make take away from the resolve and achievements of our Armed Forces under the Gen. Raheel Sharif, but also lead to an unnecessary controversy for civil-military relations.
PILDAT believes that serious and sensitive issues such as the service of the Military commanders should be discussed and debated within the provided official channels and forums rather than in the media. PILDAT also believes that extensions are never popular, as was observed in the case of the former COAS, Gen. (Retd.) Ashfaq Pervaiz Kayani, and always lead to criticism not only within the Armed Forces, but also amongst the public as well.
Mr. Imran Khan�s Invitation to the Rangers to Lead Drive Against Corruption in Punjab and Khyber Pakhtunkhwa
Chairman of the PTI, Mr. Imran Khan while addressing the Press on September 14, 201513
While addressing a Press Conference in Islamabad on September 14, 2015, Chairman of the Pakistan Tehreek-e-Insaf, Mr. Imran Khan stated:
Main aj Rangers ko bhi kehta hoon, Agencies ko bhi kehta hoon, kay aap Punjab main bhi jayain. Punjab kay andar mega scams hain. Main unko da�wat denay laga hoon keh Pakhtunkhwa joh kay hamaray sooba hai, wahan par bhi ayain. Joh hamaray say bach gaya, unn ko bhi aap aa kay pakrain. Main da�wat day raha hoon. Hum chahtay hain kay corrupt logon ko pakrain.14
Translation
I ask both the Rangers and the Agencies to go into Punjab as well. There are mega scams in Punjab. I am about to invite them to Pakhtunkhwa as well, which is our [PTI�s] province. They should apprehend those who have escaped our crackdown. We want the corrupt to be apprehended.
PILDAT believes that Mr. Imran Khan should note that it is not for the paramilitary forces to decide their role within the law enforcement dynamic of a province. Under Article 147 of the Constitution, only the Provincial Government can requisition the paramilitary forces, provided the Provincial Assembly ratifies the decision within 60 days. If Mr. Imran Khan feels that the paramilitary forces should lead an anti-corruption drive in Khyber Pakhtunkhwa, he should direct the PTI-led Provincial Government in Khyber Pakhtunkhwa to do so.
However, PILDAT also believes that Mr. Imran Khan should look beyond such quick fixes. To strengthen the anti-corruption efforts in Pakistan, the political leadership need not unnecessarily involve the paramilitary forces. Rather, efforts should be made to strengthen the civilian accountability institutions in the drive against corruption.
Amidst Meetings of the �National Apex Committee�, the National Security Committee fails to meet
September 2015 saw its fair share of civil-military huddles convened on various issues of national security. In fact, a meeting of what is dubbed as the �National Apex Committee� was also held on September 10, 2015 to review progress on the National Action Plan, a practice that according to Federal Minister for Interior, Chaudhary Nisar Ali Khan, MNA would be replicated frequently.15 However, in continuation of a disappointing trend, no meeting of the National Security Committee was held yet again. It is important to note that the last meeting of the National Security Committee was held on October 24, 2014.
PILDAT believes that considering the continued dormancy of the institution, and its peculiar composition, the following reforms need to be considered by the elected Government to strengthen institutionalization in matters of national security:
The current decision-making role of the NSC should be changed to only a consultative one. As per the Constitution, the final decision-making authority must reside with the Prime Minister and his Cabinet.
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The peculiar full time membership of the CJCSC and the Services Chiefs in the NSC may also be reconsidered, given that the NSC is the principal decision-making body in matters of national security.
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The Terms of Reference of the NSC must be amended to introduce a regular periodicity of meetings. For example, the United Kingdom�s National Security Council meets weekly for almost an hour with its meetings headed by the Prime Minister.
Premier-COAS Interactions
The Honourable Prime Minister, Mr. Muhammad Nawaz Sharif, MNA chairing a meeting of the National Command Authority on September 09, 201516
For the month of September 2015, the Prime Minister and COAS interacted face-to-face for a total of five times.
The first meeting was held on September 01, 2015 when the COAS called upon the Prime Minister to discuss the �National Action Plan (NAP), operation Zarb-e-Azb and the final phase of the ongoing offensive in North Waziristan. The process of rehabilitation for the Internally Displaced Persons of the Federally Administered Tribal Areas was also discussed�.17 Both met for the second time on September 04, 2015 when the COAS called on the Prime Minister to discuss �matters relating to internal security situation and security of the China Pakistan Economic Corridor projects came under discussion during the meeting�. The third meeting between the two was on September 07, 2015 at the Prime Minister House during a meeting chaired by the Prime Minister to review progress on implementation of the NAP.18 Both met for the fourth time for September 2015 during the meeting of the National Command Authority held on September 09, 2015.19 The Prime Minister and the COAS met again during a meeting of the �National Apex Committee� on September 10, 2015 to review progress on implementation of the National Action Plan.
For the five times that the Honourable Prime Minister and the COAS met for September 2015, the Federal Minister for Defence, Khawaja Muhammad Asif, MNA was present in only two of the meetings.
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