Our new-age comedy
It is raw, uncensored, free of agenda and just as valid as anybody else’s
By Akber Ali Khan
We had all assumed that the worst epidemic to hit the youth of our country was the desire to abandon ship. We assumed wrong. Instead, over the past couple of years I have witnessed an undercurrent of comedic talent, as raw as it may be, on the rise.

Pakistani comedy since 50/50 has been little more than cheap, pun-oriented fits of epilepsy shared between a group of outdated, unfunny uncles. The first time I witnessed something more, however, was from a group of individuals who took it upon themselves to fill thirty seconds of commercial airtime with something genuinely entertaining. Thirty seconds that would otherwise be wasted broadcasting a talent less fat kid with curly hair… hugging refrigerators.

Legal solution to a political question

The ‘memogate’ controversy is a political question, which means it is a question for political resolution between the political branches of government (the executive and the legislature) and other State institutions, like the military and the intelligence, which are subordinate to the government. The controversy requires political resolution because it has a direct nexus with structural issues relating to civil-military relations. To put it bluntly, the Supreme Court, in principle, has no role to play in this controversy. Let us see why.

The Supreme Court, in addition to its appellate jurisdiction, has what is known as “original jurisdiction” to admit and hear cases directly — that is to say, it can assume jurisdiction over a certain category of cases that need not go through the usual hierarchical appellate route before reaching the Supreme Court for ultimate resolution. This category of cases is constitutionally circumscribed for obvious reasons. If it weren’t so circumscribed, litigants would flock directly to the Supreme Court for expedited disposal, creating massive demands on the Court that would be impossible to sustain over time. Not only that, if the Constitution allowed the Supreme Court unlimited jurisdiction over constitutional matters, every dispute, whatever its nature, could potentially turn into a “legal issue.” Put another way, there would be no boundary between executive/legislative powers on the one hand, and judicial powers on the other. That would be a recipe for constitutional disaster as it would render meaningless the philosophy of “separation of powers” or “trichotomy of powers” which is the fundamental feature of all modern constitutional governments.

Those who have some appreciation of history — even of our own limited political history of the past few decades — would know that combining executive, legislative and judicial powers in one institution, or even combining two of them in a single office, is synonymous with tyranny. Separation of powers minimises the risk of tyrannical government.

Article 184(3) of our Constitution, which spells out the original jurisdiction of the Supreme Court, recognizes these two critical principles of constitutional dispute resolution: firstly, that the Supreme Court is, as a general matter, a court of last resort, except where there is an important constitutional issue at stake; and secondly, that even where an important constitutional issue is at stake, the Supreme Court must not arbitrarily assume jurisdiction over it if it encroaches upon the political powers and functions of the executive/ legislature. Article 184(3) says:

“…the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights…is involved, have the power to make an order…” [emphasis added]

The above provision provides formidable judicial review powers to the Supreme Court to keep in check executive and legislative excesses. But the two elements of “public importance” and enforcement of “Fundamental Rights” are not discretionary. They are essential threshold requirements. Without independently establishing both elements, the Supreme Court cannot exercise its original jurisdiction. If it does, it is doing something as unconstitutional as, for instance, the prime minister of Pakistan taking on a judicial role and convicting a person accused of a crime. Only a deeply misconceived notion of judicial independence can lead one to support the former as constitutional, and dismiss the latter as illegal.

Let us now subject the memogate controversy to the two-pronged test in Article 184(3). The Supreme Court’s Order of December 30, 2011 (henceforth SC Order) holds that the memo petition is maintainable under Article 184(3). Although the SC Order does not contain the reasons for this decision (as the full text of the Order is yet to be written), one may attempt to explain the rationale for maintainability based on the facts of the controversy, the replies and affidavits filed by the parties, and the judges’ comments during the hearings.

General Kayani (COAS) has stated in his reply that the there is sufficient evidence to establish the existence of the memo and that its contents have “an impact on national security and…attempts to lower the morale of Pakistan Army.” He bases this conclusion on information provided to him by General Pasha (DG-ISI) who recently met with Mansoor Ijaz personally in London. Nawaz Sharif and other petitioners have presented a similar ground, and one petitioner has even gone so far as to say that “each and every Pakistani is at security threat due to present government” which is “collaborating with Pakistan’s enemies”.

Presumably, it is on the basis of these articulations of “national security” that the Court has held the memo to be a matter of “public importance.” In effect, what is being alleged is that because the civilian government solicited the assistance of a foreign ally to prevent a likely military takeover in the aftermath of the raid on Osama Bin Laden, it undermined the military’s political power and supremacy over the country and thereby damaged its morale. Indeed, even if one were to concede the existence of the memo, it is now a matter many months past and has not accomplished anything by way of implementing such a threat. Thus, the entire matter, though amenable to political discussion and investigation, is a moot point in terms of the current judicial inquiry. In any case, if the Supreme Court was genuinely interested in upholding and protecting “national security,” the multiple provisions in the Constitution that unequivocally make the military and intelligence services subordinate and accountable to elected representatives could not have gone so brazenly unnoticed.

Whichever way one looks at it, the beginning and end of the controversy is political, as there is no “constitutional” issue to be resolved.

As far as the second threshold requirement of “Fundamental Rights” is concerned, the SC Order mentions cryptically the rights to life, dignity, and information. While the latter is a new and untested addition to the Constitution, the former two Fundamental Rights have been a regular feature of the highly thoughtless Article 184(3) jurisprudence emanating from Chief Justice Iftikhar Chaudhry’s Court since 2005 under the garb of “judicial activism”. Any number of activities and policies, ranging from wedding meals and kite flying to development projects and oil pricing mechanisms, have fallen prey to the Court’s intervention through the “right to life” (article 9) and the principle of “inviolability of dignity of man” (article 14). It appears that we are now expected to add a highly ill-defined and military-centric notion of “national security” to this inexhaustible and unbounded jurisprudence.

The fact that the Court did not even deign to raise the issue of maintainability of the memo issue when it first came to the Court indicates how trigger-happy our judges have become in encroaching upon the representative branches of government. This is judicial tyranny — not to be confused with judicial independence.

Quite apart from the question of maintainability, one must ask, what is likely to happen if the memo does indeed exist along with its alleged contents? Could Mr Haqqani be criminally charged with high treason under Article 6 of the Constitution? High treason is established where an individual “abrogates or subverts or suspends or holds in abeyance” the Constitution (or attempts or conspires to do so) “by use of force or show of force or by any other unconstitutional means.” Clearly, this is an offence against the mutilation and subversion of the Constitution, not against lowering the morale of the security forces.

It is ironic that Article 6 makes one think instantly of Ayub Khan, Zia-ul-Haq and Pervez Musharraf — as well as the Supreme Court that validated the subversion of the Constitution many times over. And if Mansoor Ijaz’s allegations are to be believed in totality, one may add General Pasha to this list, given his anti-State overtures to Arab allies to overthrow a constitutional president. Husain Haqqani seems to be quite a lightweight compared to this veritable military-judicial complex. Yet, as if the memo weren’t enough, the chief justice of the Lahore High Court has promptly admitted a petition alleging high treason against Prime Minister Gilani on the basis of non-conformance with the Supreme Court’s orders.

Ultimately, Asma Jahangir’s stance on the SC Order is exactly right. Even before the 3-member judicial commission initiated its investigation, the Supreme Court unwittingly exposed its bias against Haqqani and, more broadly, civilian representatives of the Federation.

Consider how the Court readily lent credence to the claims of an individual as dubious as Mansoor Ijaz simply because the COAS and DG-ISI affirmed the existence of the memo, but at the same time discredited the affidavit of James Jones (former National Security Advisor) that forcefully contradicts Ijaz’s version of the facts. Consider why the SC Order is conspicuously silent about Ijaz’s other “revealed facts” that directly implicate General Pasha in high treason. Consider why the Court dismissed out of hand Haqqani’s pleas regarding the unauthorised meeting between General Pasha and Ijaz in October 2011 as “technical flaws,” refusing to recognize the obvious unconstitutionality of this backdoor rendezvous. Consider what prompted the Court to immediately and unthinkingly admit as a petition under Article 184(3) a random letter written to the Chief Justice by a Canadian national of Pakistani origin alleging that the present government was a threat to national security, while at the same time ignoring another petition urging the Court to subject to equal scrutiny Ijaz’s allegations against General Pasha.

If these are not sufficient grounds for raising doubts about the judiciary’s impartiality, consider the fact that the judicial commission has already enlisted the assistance of the ISI — an interested party — in authenticating the “forensic evidence” pertaining to the alleged BBM communication between Mansoor Ijaz and Husain Haqqani (para 7 of the Commission Order dated Jan 2, 2011). Should serving judges need constant reminders to guard against obvious conflicts of interest?

All said and done, the citizens of this country have available to them two important constitutional routes to oust the government of the day through their elected representatives. One is impeachment of the president, the other is a parliamentary no-confidence move against the prime minister. But the memo petitioners lack both the numerical strength and the gumption to do things the constitutional way. And true to its historical legacy, the Supreme Court seems to be exercising its unbridled powers — with the support of the security establishment — to again facilitate the ouster of a civilian government. Who needs martial law or the 8th Amendment when we have the Supreme Court to do the lynching?

The writer is an Assistant Professor at the Department of Law & Policy at LUMS. Her areas of teaching and research include comparative constitutional law and theory, federalism and ethnic politics, and the criminalization of civil wrongs in Pakistan. The writer may be reached at maryamk@lums.edu.pk

 

  

Of kites, kurties and cartography

A child’s act of scrawling simple shapes like a circle, square and rectangle on sand at a beach expresses the basic human instinct of conquering one’s surroundings. Man fulfils it by an elementary method: by marking a territory before he actually takes it. The act of possession apart from proclaiming ownership also denies others such claims.

Thus, drawing an area or map-making is not just an effort to know; it is also a way to control. In nature there are no maps. God created this planet into great stretches of land, adorned (or disrupted) with natural elements, like sea, rivers, mountains, deserts, ridges, forests etc. Man divided the world into continents, countries, provinces and cities: all clearly and carefully-defined on maps of every sort, size and usage. Often people living under these man-made demarcations believe them to be natural or divine; they fight against anyone who dares to question the relevance, logic or permanence of these boundaries.

The concept of borders is so important in our lives that people are ready to shed blood on a few furlongs and miles. The notion of a nation is dependent upon the shape of its boundary on the international map, without examining or questioning the powers or people who have drawn these boundaries. In one of his short stories, Jorge Luis Borges comments on the futility of these lines, by relating how an ancient emperor of China ordered to prepare a map of his kingdom which was true to scale.

Whether the map is of actual size or is a small representation, in essence it’s a work of fiction, created by an individual or a group who have managed to convince the people to sacrifice their lives to uphold the sanctity of these maps. However, after some years or centuries, they may realise the inaccuracies of these divisions. If one recalls the maps of medieval ages, one is bemused by the naivete of these attempts. In modern times, maps of several regions have been modified due to political reasons. States such as Soviet Union, Yugoslavia and Czechoslovakia were disintegrated at some point in their history. The role of outside powers is clear if one looks at the map of Middle East, particularly of North Africa, where the lines separating one country from the other are straight as if made on a drawing paper.

The subcontinent went through a number of transformations, first in 1947 and then in 1971, giving birth to three nation states. It would be interesting to compare how people of these countries refer to same historical events; for instance Pakistanis see 1947 as independence while Indians call it partition. Similarly 1971 for Pakistan is the fall of East Pakistan whereas Bengalis commemorate it as the liberation (something that reminds of another historical event in 1857, referred to as Mutiny by the colonial rulers and the War of Independence by the locals).

These divisions of territory, no matter how you classify them, brought devastation in many forms. One cannot forget the atrocities of 1947. Mass migration of population, killings of innocents, rape of women and looting of property mark the memories of our independence from the British Empire. These incidents have been a subject of our writers (though not many) but none of our major artists have tackled this sore point from our past. A general sense of amnesia is seen in art as far as 1947 is concerned. It’s a serious omission considering that the history books of all three countries — including Bangladesh — contain multiple and conflicting versions of events.

Actually, in the absence of an impartial official picture of the past, it is the artists who interpret reality and usually arrive at a truth that is not bound or bended for the reasons of State. Pritika Chowdhry has dealt with the issue of partition not only in South Asia but in other parts of world such as Palestine/Israel, Ireland and Cyprus; where countries were split on the basis of faith. This division is different from other racial and ideological splits like Germany, Korea, Central Europe; and countries of East and Latin America directed by colonial powers. Chowdhry in her research has examined the identical motif which testifies a greater imperialist design, implemented in various parts of the world by segregating ethnic/religious sections of population.

In her works (on display from Jan 2-14, 2012, at Rohtas 2, Lahore), Pritika Chowdhry has addressed these divisions using a range of images, symbols and techniques. Fabricated with paper and other materials, two installations including cholis (blouses) or kurties (short shirts) and kites are arranged in circles and suspended on different levels inside the gallery. Along with handmade paper, thin layers of cow and pig’s guts (both these animals signify religious taboos of the two large communities of the subcontinent) are also added on some of the surfaces. Kites and dresses have lines of maps on them, accentuated with a grid that describes the distribution of areas into small sections. So in these, one can find details of Indian and Pakistani cities, regions of Palestine and Israel and areas of North Ireland and Republic of Ireland (as well as proposed division of Iraq on the basis of religious population, approved by the US authorities). Although the artist has used the form of chess as a model and a pattern to indicate imperialist manouvering, the installations convey her ideas more convincingly. In these pieces, lines that supposedly mark the division of maps appear like stitches on bodies, barbed wires and streaks of hair. A similar treatment of surface is seen in the kite which for Chowdhry represents male contingent because kite-flying is usually associated with men.

Apart from the obvious association of male and female, both the kites and kurties suggest that the segregation of gender may become irrelevant in a great tragedy. Also like kurties, which are worn across the borders, kites fly without the restriction of official/political boundaries. So in a paradoxical way, kites and kurties are made of maps but transcend these limitations. This reminds one of Shakir Ali’s remark during the war of 1965. When asked about his apparently ‘unpatriotic’ subjects, he replied that he paints flowers which blossom in both countries and moon that shines on the two sides of the boundary.

In the same way, kites, kurties and the art of Pritika Chowdhry (Indian-born US artist) moves beyond the confines of cartography, especially in a world in which you wake up in Japan, have lunch in Moscow, make love in London and die in Detroit — all in the span of a single day. It doesn’t really matter if you are a national of Madagascar, Malaysia, Macedonia or Mexico.

The government of Khyber Pakhtunkhwa has taken a commendable step in naming two houses where the greatest film personalities of the subcontinent were born, as “qaumi virsa”. Two stars born in Peshawar are Dilip Kumar and Raj Kapoor who spent the early part of their lives in Mohallah Khudadad and Dhaki Munawar Shah of Peshawar before going on to dominate the Indian film industry for the next few decades.

Due to the tense relationship between India and Pakistan, some of the most evident realities like the commonality of heritage and the recognition of each country’s areas of excellence have often been ignored. On the whole the relationship has been marred with ambiguity and inconsistency and this to a large degree has blighted the sensibilities and perceptions as well. When some local film star decides to work in an Indian film it creates uproar, and is not seen as a natural progression. Qurratulain Hyder was stymied for having moved to India after making Pakistan her home and Faiz Ahmed Faiz also resisted taking up assignments in India for fear of being misunderstood.

Dilip Kumar went to Bombay in search of a film career and after a few failures was able to make good with ‘Jugnu’ released a few months before the partition of India. Noor Jehan, the heroine of the film, born in Kasur took an unexpected decision and came to Pakistan with her husband who was born in United Province, now Uttar Pradesh. Noor Jehan’s decision has never been truly acknowledged for she was an established star while Dilip Kumar had just made it. He decided to stay back in the capital of film making in the subcontinent and was not to regret it as he went on to become the most adored hero of the silver screen, winning laurels from connoisseurs as well as the man in the street.

He only came to Pakistan, that too for a humanitarian cause and as he also went to visit his ancestral house, he was given an unprecedented welcome and people actually came out on to the street to greet him like a head of state or a national hero who has won laurels for the country. Dilip Kumar and Saira Bano were overwhelmed and thanked Pakistanis for the display of overflowing love and admiration. Prithviraj Kapoor also migrated first to Calcutta and then to Bombay from Peshawar and not only became a famous film personality but founded a whole dynasty that has since dominated the film world.

Ustad Bare Ghulam Ali Khan too bid goodbye to Pakistan after a couple of years of living and struggling here to find his true place but was forced to migrate as he found more appreciation and reward for his music in India. He only came back once to Pakistan while on his way to Kabul to attend the very famous annual festival called Jashan-e-Kabul. In the case of Bare Ghulam Ali Khan, too, though he quit the country he was generously adored and admired by the lovers of classical music and all his achievements in India were seen as justified achievements of a son of the Punjab. Even when his son Ustad Munawwar Ali Khan, who spent his childhood in Lahore and then grandsons when they visited the city were given a warm welcome and a protocol that far exceeded what their talent deserved because citizens were paying homage to Bare Ghulam Ali Khan and not to his grandchildren.

If both sides begin to count the number of such personalities these can run into thousands. Two of the Nobel Laureates, Hargobind Khorana and Subramanyam Chandrashekhar, who were acknowledged for Medicine in 1968 and Physics in 1983, were born in Khanewal and Lahore respectively. Shahrukh Khan, the current superstar of Indian too would have been born in Peshawar if his father had not decided to move to Delhi in the middle 1940s just a couple of years before partition. The rest of the family still lives in Peshawar and his uncles and cousins all hope that some day Shahrukh Khan will pay them a visit and probably receive the kind of adulation that Dilip Kumar received in the 1980s.

Two of the Indian Prime Ministers Inder Kumar Gujral and Manmohan Singh played in the dusty street of Jhelum. Gulzar, a famous lyricist, was born there while the current honchos of the films, the Chopras — Yash and before him B.R. both toiled in Lahore in various capacities, primarily film journalism before their star shone bright in Bombay. Now they make and break destinies and reputations in the tinsel town.

It should not be left to a few individuals or a particular field because it is all over the place. In all fields and all sectors, limited not to the generation that migrated but in their progeny as well. Indeed a very difficult and complicated task and the people and governments have desisted from it for fear of a backlash and accusations of going soft on the enemy.

But it is a good step the government has taken because it will push the wall of prejudice and see talent and greatness as it exists irrespective of religion, colour, creed or lineage. Perhaps time has arrived to look beyond the narrow definitions of loyalty and patriotism and feel confident about appreciation beyond the stigma or the fear of sleeping with the enemy. This division for long distorted our history as well as perception. Let us acknowledge all sons/daughters of the soil and pay them homage and expect that the other side too will be shamed by our gesture of large heartedness. The first step taken by the government of KPK should be followed by other such steps by individuals, and more so by the governments.

 

 

Our new-age comedy

We had all assumed that the worst epidemic to hit the youth of our country was the desire to abandon ship. We assumed wrong. Instead, over the past couple of years I have witnessed an undercurrent of comedic talent, as raw as it may be, on the rise.

Pakistani comedy since 50/50 has been little more than cheap, pun-oriented fits of epilepsy shared between a group of outdated, unfunny uncles. The first time I witnessed something more, however, was from a group of individuals who took it upon themselves to fill thirty seconds of commercial airtime with something genuinely entertaining. Thirty seconds that would otherwise be wasted broadcasting a talent less fat kid with curly hair… hugging refrigerators.

Carving yourself a niche in the incredibly close-minded world of mainstream media in Pakistan is difficult, and as innovative as people groups like The Four Man Show may be, the parameters of the industry limit their creativity. Which brings me to the undercurrent that I mentioned earlier. Enter, the world of Youtube. This boundless and totally free media platform has enthralled hundreds of young Pakistani’s who now do far more than just watch; they make. And, the act of making is already in short supply.

Youtube just wasn’t our domain a few years ago, but as of late you’ll find Pakistanis have settled themselves comfortably enough into the world of internet video-making and we’ll probably see this trend continue, for better or for worse. Pakistan’s youth at large has taken many trajectories over the past couple of years, intoxication being the least productive, second to event management, of course.

But the beginnings of anything underground start when the ‘mainstream’ turns into a formidable entity, which it has. Mainstream comedy grows bolder by the day. Both in its expression and topics, it has progressed well beyond its timid predecessors. Free media, or whatever you may think it is, manages somehow to promote some thought provoking anecdotes for the masses to watch. Sadly, those we invest our hopes in the most we also take for granted; the educated youth (we do try, promise). As small a percentage as they may be, these are the solemn few that possess the capacity to catalyse the nation towards prosperity.

Take mainstream comedians like Sohail Ahmed, for example. They will not only tickle your funny bone, but bombard it with painfully hilarious punch line after punch line – lose the fat broad laughing hysterically on his show, however, and I’d say it would bump up the show’s comedic value even more – but our troubles are far from over at this point. There is a continued trend that lies at the basis of all comedy in Pakistan, and that is the undying desire to pick on specific people. So long as this continues, us the audience will hardly ever reflect upon ourselves. Comedy isn’t just about pointing out flaws in a specific person and exaggerating them, or passing a few witty remarks followed by a punch line about ‘what they did last year at their French Chateau’.

Comedians can do more than just provide comical commentary for news. We are part of the society we perpetuate, part of the politics we produce and so very much a part of our country’s condition. Mr. Ahmed and the likes are but moments away from reeling in their audience and saying, “Hey, listen, you laugh at the things I say, but here’s a little food for thought” but that rarely ever happens. Sadly, this leads me to my next point, that even if these mainstream comedians were to accommodate such a feature into their act, the demographic that needs to be reached will still turn a blind eye to all of this.

Though these comedians have progressed significantly; their humour refined, punch lines improved and backbones reinforced, the problem with the demographics they target still remains. Will it be the already consumed corrupt minister that brings change or his designer jacket wearing greased-up hairball of a son? The latter, I assure you. The kind of change you can expect by default from this disappointing pile of genetic refuse probably won’t be what we want either, so better start ‘enlightening’ them now before it’s too late. But how do you get through to them? You let their friends make fun of them.

The youth listens to the youth. It’s hard to come down to our level, but we will eventually reach yours. Arrogant I know, but such is the nature of things. 

Before I myself was personally involved in making online videos I knew little of what went on in that realm. I was shocked; long before I even reached, there were groups of kids making videos with thousands upon thousands of followers on their Facebook pages. One notable find was a group of young school kids from Karachi hailing under the name of ‘The 3 Idiots”. They had some few dozen videos ranging from comedy to serious messages — naïve on occasion, but it’s the thought that counts right? – But surprisingly, I had never heard of them through mainstream media. It would suffice to say that they weren’t making these videos for money; they were doing it for the recognition they got from their peers. Shortly after this, I stumbled onto Zero Talent, a group from Islamabad making similar videos. Now, almost every few weeks I find that something new has started up.

Mega Productions, JangoMango studios, Third World Productions, 3 idiots and Pada Productions, just to name a few, I could go on. There are dozens upon dozens. But a little bit of inspiration, a tiny drop of exposure and a whole lot of freedom isn’t always enough to generate decent quality comedy. But here are a bunch of O-A level and university students speckled across the various major cities of Pakistan putting themselves out there potentially for hundreds of thousands of Pakistanis to love or ridicule. Yet, for all their fervour they go largely unnoticed by the mainstream.

Soon enough, this impromptu movement will fizzle out and be labelled a ‘phase’, soon enough. But that is not an outcome set in stone. Let those who are established stretch their hands out to those who are rising, no need to pull them all on to the Tele, but a bit of recognition does go a long way.

Changing perceptions is the name of the game, and these kids are doing exactly that for no reward other than a comment on their Youtube videos, and a hit of the ‘like’ button on their Facebook pages, boy, talk about a selfless bunch. But without guidance, or praise or recognition, this potential game-changer will disappear. The key difference between these ‘amateurs’ and professional comedians like those of the Four Man Show is that an amateur opinion is an honest one. It is raw, uncensored and free of agenda and just as valid as anybody else’s. The youth has been activated, if you want to know what a lot of young people are thinking, you can find your answers quicker on Youtube than any place else. The most critical aspect of all this though, is that these amateur comedians are rising from within the very ranks of the people they parody, criticise or praise.

These things may seem insignificant now, but what generations share most in common are their experiences. This generation, the youth of today, is enabling their peers to laugh at themselves through common experience. This exhibits the youth’s ability to observe, but even more importantly to articulate their observations in a way that is creative and daring. Something the seriousness of our past generations — In culture, religion and society — did not allow.

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