verdict
But do we have justice?
Historians tend to look at bottom lines.
The bottom lines in this case are clear:
The judiciary has once again struck at an elected
government in general and a democratically and
constitutionally elected prime minister
By Adnan Rehmat
The deed is done. An elaborate legal dance on one set of speculations is over: whether the prime minister is guilty of contempt of court or not, the Supreme Court has decided he is.

 

 

 

 

 

 

 

 

 

  verdict
But do we have justice?

 

Historians tend to look at bottom lines.
The bottom lines in this case are clear:
The judiciary has once again struck at an elected
government in general and a democratically and
constitutionally elected prime minister

By Adnan Rehmat

The deed is done. An elaborate legal dance on one set of speculations is over: whether the prime minister is guilty of contempt of court or not, the Supreme Court has decided he is.

Its taken two years for the apex court to determine for the first time in 65 years that a sitting prime minister deserves punishment for at least 30 seconds for disobeying it on its order to him to write a letter to Swiss authorities to reopen cases of alleged corruption against the president.

For the media in general that’s the crux of this issue. Miles of columns and years of airtime in Pakistan have mostly focused on the optics of the issue and being partial, wondering aloud why is the prime minister not submitting to judicial dictates and justice. The reportage by media and musings by political actors (mostly the opposition) have revolved around opinion, not analysis. There have been few voices from the martial media, point-scoring political actors and even civil society on the impact side of this elaborate play and the consequences on the body politic.

Historians tend to look at bottom lines. The bottom lines in this case are clear: The judiciary has once again struck at an elected government in general and a democratically and constitutionally elected prime minister whose mandate comes from the people, not any other self-imposed actor-player. The traditionally entrenched military, which thrives on birthing, nurturing and promoting political chaos and crises, benefits hugely again by this verdict by getting to build on the artificial question of the legitimacy of both the prime minister and the PPP-led coalition government.

The judiciary has once again strengthened non-political forces by its traditionally selective approach to ‘justice’ by sentencing non-military leaders only. And the principal political opposition — Nawaz Sharif — has once again resisted the temptation to contextualise the issue of political power and the issue of legitimacy of democratic forces by siding with the forces that wanted power politics de-legitimised by bringing it into disrepute. His call for the prime minister to resign because he has been declared guilty by a court should mean he was also rightly guilty of hijacking a plane but he fails to see the irony. But then that is another story.

If contempt of court is all about defying the judiciary by not obeying its orders, then what could be worse than actually arresting most judges of the Supreme Court and the high courts en mass and detaining them along with their families for months on end? Did General Musharraf, the sitting army chief and president back then, who did all this, get a contempt of court notice? Did the military backed prime minister Shaukat Aziz get orders by the court to write a letter to American authorities to confirm if he had handed over people to the US government, as alleged in petitions filed in Supreme Court by families of missing persons, and thereby indict him for violations of the country’s laws?

Did the apex court assert that President Musharraf enjoyed no immunity against handing over citizens to another country without going through the legal process?

Did the Supreme Court, which itself defied executive authority, order either Aziz or Musharraf to present themselves in court when the chief justice was abducted and forcibly dismissed?

Was that not contempt of court?

While the stance of the ‘independent judiciary’ that law is blind and that it’s not their responsibility to consider consequences of the dictates of justice is understandable, what is not understandable is that whether it is an ‘independent judiciary’ or a ‘pre-independent judiciary,’ some accused are administered more ‘justice’ than others. And one can’t but help think the difference between these two sets of accused is the fact that one is in uniform and the other is not. The military coups of Generals Ayub, Zia and Musharraf (and the reign of Yahya) were legitimised by the judiciary. The dismissals of the sitting governments by the military, including those of Bhutto and Sharif, were also upheld as legal, as were the governments of Benazir Bhutto.

The only exception was that of Musharraf’s second coup, which wasn’t against a government (because it was his own government!) but because it was against the judiciary. So if the military moves against the judiciary in 2007, it’s okay to resist (even though it was the same general who was judged as legal coup maker in 1999 by the same judges). But if the military moves against elected government brought to office by legal mandates through elections, it’s okay to NOT resist and to actually declare these as valid.

How come ‘unvarnished justice’ — the kind that that seems to come easily to the Supreme Court (as evidenced not by opinion but by history) when it comes to civilian leaders with legitimate mandates who needed to be sorted out? Witness Zulfikar Ali Bhutto. He was not even the principal accused in the murder case he was convicted and hanged. Or Benazir Bhutto and Asif Zardari who have been continuously dealt by the courts as guilty until proven innocent on charges of corruption and abuse of office.

Or Nawaz Sharif who was guilty of hijacking a plane and exiled even though it was his government that was hijacked by an army chief. Or now Yousaf Raza Gilani who has been convicted in a case in which he was neither the principal accused nor in which the issue of immunity of the president against prosecution has been ruled on!

It is also strange justice that both the elected president and prime minister — and their government, party and cabinet by extension — have been convicted both directly and indirectly for a crime that has not been proven in the first place: that Zardari is guilty of corruption. The irony is that Zardari, Gilani and their government are not even saying the president cannot be proceeded against — only that the proceedings against him continue where they were left off as soon as his presidential tenure ends.

The double irony is that the president has already spent 11 years in prison for a crime that Nawaz Sharif, Farooq Leghari, Pervez Musharraf and now the army and judiciary together haven’t been able to prove.

For the prime minister — who commands a majority in National Assembly, and thereby has the people’s mandate — it must hurt to be convicted by a judiciary for a second time: it failed to give him justice when he was jailed by a military ruler who had no public mandate, only a mandate from the judiciary. In that sense this is not new for him or the People’s Party.

Although Nawaz Sharif, as an elected leader, too has been wronged by a judiciary that owed its allegiance to the Establishment, it is really the Pakistan People’s Party that epitomizes how wronged the people of Pakistan have been if their judgment by court is anything to go by. In the eight elections that have been held in Pakistan’s history, the PPP got the highest number of votes by a party seven times, of which five times it actually formed a government (twice by Bhutto one of which was short-circuited by the military, twice by Benazir and once by Zardari-Gilani). The other two times we know what happened: ask Asghar Khan.

For winning these elections, PPP leaders (and by extension Pakistan) had a huge price to pay: one prime minister was hanged, another was murdered in the streets and now another has been shown the door ‘legally’. Where is the justice in all that? That’s what happens when you lead the PPP. You either lose your life or they attempt to kill you off politically. We have the law and we certainly have the courts and we have the judges — plenty of them, it appears, whether in the courts or outside. But do we have justice?

  

I had the experience of a summary review of Meher Afroz’s exhibition, using SMS with a friend and fellow art critic. “Can we call her work spiritual?” read her text message. “Yes, maybe” I responded. The exchange continued but it made me think how we tend to define an artist’s work in a few words and how once we have put the label, arbitrarily, we start to believe in our own folly.

Usually, works of art and great works of art are beyond these restricted descriptions which, in any case, keep changing with the passage of time, shift in taste and evolution of ideas. Thus, a piece of art that was hailed as modern at one stage is now considered conservative. Not only in visual arts, but in literature, too, some writings known for their ‘progressive’ content had the capacity to outlive that categorisation and are now enjoyed for many other reasons. Faiz’s poetry immediately comes to mind as an example.

Like other forms of literature, marsiya writing has also been classified in a niche. Religious, devotional and grief-laden are a few terms how critics and readers describe it. But the great poets of marsiya, like Mir Anis and Mirza Dabir, transcend these limited description as while reading them one is also impressed by the visual and physical description of events and details of settings, human suffering, intensity of emotions and the lyricism of words, composed in such a scheme that the sound of words has an intense effect on the reader/listener.

Their marsiyas are still popular and widely-read not because a person wants to know about the incident from early Islamic history through them but because of their formal strength and aesthetic sophistication.

The recent work of Meher Afroz could be seen in this backdrop. Afroz is an accomplished artist who is distinct for certain aspects of her pictorial practice. From her earlier prints shown in Pakistan to the latest body of work exhibited in Karachi, one can detect her fascination for the tactile in art. In an earlier meeting, she had mentioned her fondness for the work of Antonio Tapies, the Spanish artist, known for employing textures to create sensory element in his work. His paintings, due to his use of marks and colour, allude to the subject in an indirect way; yet they leave a lasting impact on the viewer. In addition to that, his use of certain colours and forms suggest his political position with regards to Catalan nationalism.

In Meher Afroz’s work, sensitive layers of varying shades and occasional marks help in creating a surface which, despite the rotating imagery, has become a subject or obsession in itself. Painterly quality and minimal strokes play a part to evoke the feeling of depth (not much dissimilar to Mark Rothko), and keep one’s eye tangled and glued to whatever is made through thin and thick coats of colours.

However, along with the formal refinements, Afroz has been interested in conveying issues that are important in the society. Often, these concerns are dealt with in a way that the content is transformed from immediate response to a lasting comment. Like in poetry, for instance in marsiya, references to actual characters, sites or events are just means to extrapolate on profound and penetrating thoughts. Because, when we hear or read a marsiya of Anis, we are already aware of the tragic incident at Karbala and its aftermath in the prisons of Syria, but what we experience is the aesthetically-constructed ‘texture’ of language besides identifying with the human experience and emotion. Thus, in a way, the actual story or plot does not seem to be the real intention of the author or even the reader; it leads to other, more crucial, content.

Likewise, in Meher Afroz’s work, whether it is from her previous ‘Zindaan’ series or the recent ‘Naqsh Bar-e-Aab’ (image on water) series (exhibited from March 28 to April 5, 2012, at Chawkandi Art, Karachi), the apparent theme is an occasion to create and communicate other meanings. Probably this aspect of Afroz distinguishes her from other artists who are too involved with the current happenings and, in their attempt to be clear and conscious, rely on unaltered rendering of events. In that sense, their approach is not much different from the now defunct trend of social realism; one could also call them ‘political realists’!

Meher Afroz offers something beyond merely political or public. It is the personally-felt and privately-shaped narrative about the outside world. The artist selects, transforms and presents whatever she feels are the significant elements in our physical, social and psychological surroundings in a manner that her work is not limited to one specific reading. Hence, in her canvases, one locates words such as hamara gulistan (our garden) dar-o-rasan (prison and punishment), tama (greed), fana(extinction), baqa (survival), rooh (spirit), khudkush (self annihilating), inscribed either sparsely or in the form of a grid on the surface, alluding to multiple concepts.

Also, these carefully chosen words suggest matters of existence and extinction in the present context. Explaining her choice of motifs and language, Afroz shares her deep-rooted interest in the way our traditional literature, myths and sacred writing explored the realities of world. She mentions verses by Sa’adi and Hafiz which can help to comprehend current conditions. For her, the past can serve to explain and understand the present as certain societal features and human characteristics are shared through generations, especially belonging to a particular region and culture.

In her recent work, Meher Afroz has painted the image of Chahar Baagh (square garden), which symbolises Garden of Eden or the quest for it. In another work, one finds lines from devotional poetry like Salam-e-Akhir (the last tribute). The artist, while talking about these religious references, discusses her opinion on utilising cultural heritage; this in the beginning was questionable to her but she later decided upon creating works around these ‘loaded’ terms and phrases which remind of resistance, defeat, sorrow, sacrifice and eternal mourning.

As she focuses on our spiritual and poetic tradition to signify the political/personal conditions, Afroz picks a formal element that is connected to this region yet not widely recognised or recycled in the domain of high art. In her new body of work, Meher has incorporated patterns and designs which are usually spotted in the urban surroundings. These visuals, even though used in ordinary objects, are not classified as ‘popular’ art; a genre that is connected with decoration on vehicles and has been picked by a number of artists in our country. Contrary to flamboyance of ‘popular truck art’, Meher has assimilated familiar patterns in her imagery with occasional glimpses of face, flowers or traces of text, all embedded in sensitive surfaces.

Hence, her approach is not of an outsider who stumbles upon the ‘pictorial’ power of popular art; instead, she operates in harmony with the untrained maker of images. Like him, Afroz also constructs these as pure form but, for her, this act becomes a spiritual activity as well. Perhaps, that is why a repeated inclusion of some words in her compositions echoes the practice of chanting God’s name (further emphasised by putting word tasbeeh in one work).

Along with its connection to political content and adaption of indigenous forms and patterns, the infusion of religion in her aesthetics may not come as a surprise in a society where religious matters (and feuds) are the main concerns; they concern every sphere of life, including art.

 

Two melas in the last week or so were held in Lahore — one at the Alhamra and the other at the Minar-e-Pakistan in which a large number of people participated. Both the melas were state-sponsored in the sense that they were organised by government bodies — Alhamra and the City Government — and hence had the tinge of being stage-managed affairs.

It should not be forgotten that the biggest state sponsored festival used to be the Horse and Cattle Show in Lahore and it has been discontinued for the past few years. Besides the horse and cattle being paraded and graded, it included a light and sound (tattoo) show and other acrobatics by the various military and paramilitary organisations.

Then allied activities like theatre and music programmes were held in various parts of the city, mainly at the halls run by the various government bodies in the city. Some years ago Canal Mela was held, concentrated on the Lahore canal with boats and other temporary structures lit up at night. It was also participated in fully by the people for the few years that it lasted and was able to retain its novelty.

The cities’ cultural life is measured by the involvement of the people in the various festivals and this participation by the general public ensures certain continuity. Of the two biggest festivals of Lahore, one is no longer held and the other is a shadow of its former glory. Basant, unique to Lahore, has been banned by the government and Mela Chiraghan due to the shrinking space and urbanisation is a much smaller affair now. Probably basant was celebrated with equal fervour in Kasur but Lahore’s basant was fully reflective of people’s involvement.

The most visible part of the festival was the flying of kites. Dawn to dusk, the sky of Lahore was adorned by hundred and thousands of kites flown from mainly rooftops. The kites flown in open spaces was not usually done on basant for, being a more professional affair, only certain days of the week were designated for it. The participation of the ordinary people, the man in the street, gave so much verve and abandonment to basant. In the last few years, night basant became a bigger affair than day basant as kites were flown under floodlights.

Due to metal wire/synthetic string, the number of accidents and power failures increased and the authorities found an excuse to ban the festival altogether. Instead of addressing the specific problem, it did away with the festival; robbing the common man of revelry and enjoyment that was easily affordable. The main feature of the festival was that the entire city participated in it and that made it truly a people’s festival. People also held music and other programmes to indulge in revelry.

Basant and baisakhi are both seasonal festivals — one celebrating the anticipation of spring and the second the celebration of successful harvesting. If the first was a signal of fructification, the second a gratitude to plenty, both totally natural human responses to activities that sustain life.

Both these festivals have been celebrated for as long as mankind can remember and such festivals are celebrated all over the world. There was nothing particular about the celebration of spring and if it was not celebrated it would have raised eyebrows and questions about curbing natural responses. Unfortunately, both these festivals were tagged by a section of the society to religion, one to the Hindus and the other to the Sikhs.

It would be of interest to note that Buddhism too celebrates with great fervour Vesakha, probably calling it the birthday of Buddha or the day he achieved nirvana. And Nauroz which was celebrated in Sultanate and Mughal eras as well as Iran and the former extended Iranian territories is also the celebration of spring when day and night of equal duration is considered to be propitious.

This tagging of the seasonal festivals to various religions appears to be an act of retrospection — a seasonal festival observed and participated in by the people given a slant and incorporated into the larger cultural scheme of things. The sufis did exactly the same with basant as the festival was celebrated on the shrines of the various Sufis during the spring season.

The Mela Chiraghan was an extension of the festival labelled as urs of a sufi, in this case that of Shah Hussain, the celebrated Punjabi iconoclast and poet. He led a life that was unconventional and wrote about the merit of authentic experience rather than inured by tradition. This urs was also held in the last week of March every year and was also tagged to spring. Its occurrence between basant and baisakhi, is evidence enough that the festivals were held on regular intervals, especially during the extended spring season.

If the celebration of spring was limited to one religion or region then it could be held to be specific but if it is a universal phenomena, then why shy away from it. Why have we killed our traditional festivals, which were part of the cultural life and instead tried to hold state sponsored events calling them a jashan-e-baharaan? As we have a full series of festivals dedicated to bahar all this appears to be mere duplication and that too a tardy one.

The regular time-tested festivals should be revived and if there is any state support needed it should be extended to these festivals for the people to realise and fully experience their integration with their land. Spring and the monsoon are seasons to celebrate and may be given any name, for what’s in a name when it is in accordance with the natural human response; and if an expression of the collective, so much the better.

 

 

 

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