While the country prepares itself for Presidential elections on the 6th of September, I wonder how the PPP co-chairman (Asif A. Zardari) has managed to qualify. It has never been about democracy at all, it has been about revenge since the day they took over the government in February, democracy is just a weapon in this game.

This column looks at the eligibility of PPP co-chairman Asif Ali Zardari strictly in the light of the constitution of Pakistan, Articles 41, 62 and 63.

By Syed Ammar F.

Sunday, 31st August – 2008

While the country prepares itself for Presidential elections on the 6th of September, I wonder how the PPP co-chairman (Asif A. Zardari) has managed to even qualify to be a contender for this post. With no grudges and no favoritism, I will raise several questions in this column which have boggled me as well.

This government, which has apparently been democratically elected through a flawed political system, and the PPP in particular have claimed to restore and implement the constitution of 1973 in its true essence.

Without wasting time, let me come down to facts which are hard to swallow:

Article 41(2) of the constitution of Pakistan stipulates that to be eligible to contest the Presidential elections, the person needs to be:

Qualified to be elected as a member of the National Assembly.

Having knowledge of the fact that a President must be eligible to become a member of the National Assembly of Pakistan, let us take a look at some parts of Article 62 of the constitution which deals with eligibility issues to become members of parliament:

62. A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless :-

(d) he is of good character and is NOT commonly known as one who violates Islamic injunctions;

(e) he has adequate knowledge of Islamic teachings and practises obligatory duties prescribed by Islam as well as abstains from major sins ;

(f) he is sagacious, righteous and non-profligate and honest and ameen;

(g) he has not been convicted for a crime involving moral turpitude or for giving false evidence;

(h) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the Ideology of Pakistan

Article 63 (Disqualification) of the constitution states that:

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan

I have more to say, but limiting us to the above two articles of the constitution I want you to ask yourself, does Mr. Zardari qualify to even contest the elections?

Let us speak of recent reports that surfaced in the international media hardly a week back regarding Mr. Zardari’s mental health.

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Doubts cast on Zardari’s mental health

Asif Ali Zardari, the leading contender for the presidency of nuclear-armed Pakistan, was suffering from severe psychiatric problems as recently as last year, according to court documents filed by his doctors.

In court documents seen by the Financial Times, Philip Saltiel, a New York City-based psychiatrist, said in a March 2007 diagnosis that Mr Zardari’s imprisonment had left him suffering from “emotional instability” and memory and concentration problems. “I do not foresee any improvement in these issues for at least a year,” Mr Saltiel wrote.

Financial Times
http://www.ft.com/cms/s/0/7c186d52-72f0-11dd-983b-0000779fd18c.html

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The courts in England had accepted his documents and put the corruption charges/cases aside. That said, let us have a look at Article 63 of the constitution of Pakistan again:

63. Disqualifications for membership of Majlis-e-Shoora (Parliament).

(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:-

(a) he is of unsound mind and has been so declared by a competent court;

This leads us to one of two conclusions:

  1. Either the British court was incompetent, OR
  2. Mr. Zardari is not elligible to contest the Presidential elections

We all know that his nomination papers have been accepted by the election commission of Pakistan, and it is all the more visible that he will win the elections because of the numbers that he has on paper.

This further raises questions on the role of the Election Commission of Pakistan as an organization, let us just wrap it up if such decisions are to be taken by those in power.

Is this democracy? I’m afraid what we’re seeing is the worst form of dictatorship coming our way.

‘Democracy is the best revenge’, like the 19 year old feudal master said. It has never been about democracy at all, it has been about revenge since the day they took over the government in February, democracy is just a weapon in this game.

It definitely is about vengeance I guess, Zardari’s vengeance?! Where is Pakistan headed?

References:

[1] What a Bloody Mess! By Ardeshir Cowasjee, published in the Daily DAWN (Sunday, 31st August 2008)

[2] The Constitution of Pakistan (1973)

[3] The Financial Times

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