ISLAMABAD: The Charter of Democracy (CoD) does talk about the formation of a federal constitutional court, but it also envisages political parties’ commitment to disbanding political wings of all intelligence agencies and making them accountable to elected government.
The CoD was signed between the PMLN and PPP in 2006. The charter, which was also signed by several other political parties, has been partially implemented, while many of its commitments remain a far cry from being implemented despite a lapse of almost 18 years. Regarding civil-military relations, the CoD pledged: “ISI, MI and other security agencies shall be accountable to elected government through PM Secretariat, Ministry of Defence and Cabinet Division respectively. Their budgets will be approved by DCC after recommendations are prepared by respective ministry.”
“The political wings of all intelligence agencies will be disbanded. A committee will be formed to cut waste and bloat in the armed forces and security agencies in the interest of defence and security of the country. All senior postings in these agencies shall be made with the approval of government through respective ministry.”
It also said: “Military land allotment and Cantonment jurisdictions will come under the purview of Ministry of Defence. A commission shall be set up to review, scrutinise and examine the legitimacy of all such land allotment rules, regulations and policies, along with all cases of state land allotment, including those of military urban and agricultural land allotments, since 12th October, 1999 to hold those accountable who have indulged in malpractices, profiteering and favouritism.”
The CoD does talk about setting up of a Federal Constitutional Court to resolve constitutional issues, giving equal representation to each of the federating units, whose members may be judges or persons qualified to be judges of the Supreme Court, constituted for a six-year period.
It says, “The Supreme Court and High Courts will hear regular civil and criminal cases. The appointment of judges shall be made in the same manner as for judges of higher judiciary.”
For the appointment of judges of the superior judiciary, the CoD says recommendations for appointment of judges to superior judiciary shall be formulated through a commission, which shall comprise the following:
“i. The Chairman shall be a Chief Justice, who has never previously taken oath under PCO.
“ii. The members of the commission shall be the chief justices of the provincial high courts who have not taken oath under PCO, failing which the senior most judge of that high court who has not taken oath shall be the member.
“iii. Vice Chairman of Pakistan and Vice Chairman of Provincial Bar Councils with respect to appointment of judges to their concerned province.
“iv. Presidents of High Court Bar Associations of Karachi, Lahore, Peshawar and Quetta, with respect to appointment of judges to their concerned province.
“v. Federal and Provincial (for the concerned provinces) Minister for Law & Justice.
“vi. Attorney General of Pakistan and advocate generals for the concerned provinces.
“(a-i) The Commission shall forward a panel of three names for each vacancy to Prime Minister, who shall forward one name for confirmation to Joint Parliamentary Committee for confirmation of the nomination through a transparent public hearing process.
“(a-ii) The Joint Parliamentary Committee shall comprise of 50 percent members from the treasury benches and the remaining 50 percent from opposition parties based on their strength in Parliament nominated by respective parliamentary leaders.”
The CoD also promised: “All special courts, including Anti-Terrorism and Accountability Courts, shall be abolished and such cases tried in ordinary courts. Further to create a set of rules and procedures whereby, the arbitrary powers of the chief justices over the assignment of cases to various judges and transfer of judges to various benches shall be exercised by Chief Justice and two senior-most judges sitting together”.
Regarding local government system, the CoD said, “The Local Bodies election will be held on party basis through Provincial Election Commissions in respective provinces, and constitutional protection will be given to Local Bodies to make them autonomous and answerable to their respective assemblies as well as to the people through regular courts of law.”
The CoD also talks about creation of Truth and Reconciliation Commission (T&RC) to acknowledge victims of torture, imprisonment, state-sponsored persecution, targeted legislation, and politically-motivated accountability.
“The Commission will also examine and report its findings on military coups and civil removals of governments from 1996,” the CoD said, adding, “Commission shall also examine and identify the causes and fix responsibility and make recommendations in the light thereof for incidences such as Kargil.”
The CoD also vowed to identify and hold accountable NAB operators, who through perjury and perversion of justice and violation of human rights since its establishment, have been misusing their power in the name of accountability.
The CoD committed to replacing politically motivated NAB with an independent Accountability Commission. The Chairman of the Commission shall be nominated by Prime Minister in consultation with Leader of Opposition and confirmed by a joint parliamentary committee with 50 percent members from treasury benches and remaining 50 percent from opposition parties in the same manner as appointment of judges through transparent public hearing.
“The confirmed nominee shall meet the standard of political impartiality, judicial propriety, moderate views expressed through his judgments and would have not dealt with matters relating to a former or present member of the federal cabinet or their families,” CoD says.