Corruption, Courts, and Clerics

Dr. Tahirul Qadri, a Sufi cleric who had spent the past seven years in Canada after resigning from the Pakistani National Assembly, suddenly reappeared on the national scene in December at a rally of hundreds of thousands of his supporters in Lahore. After marching to Islamabad and speaking to a crowd of more than 50,000, calling for improvements in democracy, an end to corruption, and electoral reform, the government granted Dr. Qadri a voice in the election-planning process. He has repeatedly met with leading politicians since then, and submitted a petition to the Supreme Court requesting a reconstitution of the Election Commission of Pakistan (ECP). The Court, led by Chief Justice Iftikhar Muhammad Chaudhry, summarily dismissed it.
The judiciary has been playing an increasingly public role in politics as of late. Almost immediately after Qadri arrived in Islamabad, the Supreme Court ordered the arrest of the prime minister, Raja Pervez Ashraf of the ruling Pakistan People’s Party (PPP), on corruption charges. In June, the court had ousted the former prime minister, Yousuf Raza Gilani, following a conviction of contempt.
The tensions between these actors—the Supreme Court, the PPP, and Dr. Qadri—underscore Pakistan’s current challenges as March approaches, when the first civilian-led elections since 1977 will be held. Now, both the judiciary and military’s historically influential role in politics could become more overt, especially via anti-corruption campaigns. Corruption has become a political tool, and accusations of malfeasance do less to address the problem of graft and more to weaken rival political parties.
The Tale of Raja Rental
Corruption pervades Pakistani politics and society. “Democracy in Pakistan means money, might, and manipulation. Nothing else,” stated Dr. Qadri in an interview with the HPR. According to Transparency International, over half the population reported paying a bribe in 2010, which is almost certainly an underestimate. Nearly three-quarters feel that the government’s efforts to fight corruption are ineffective. Among the guilty culprits are the police, the civil service, political parties, and the legislature, while the military is perceived in a more positive light. Daily challenges such as petroleum and electricity shortages reveal more deep-seated issues.
The courts have, in some sense, cracked down on corruption, but their focus has been limited to just the PPP, while largely ignoring the opposition party, the Pakistan Muslim League-Nawaz (PML-N). This imbalance in the accusations originated in 2007, when President Pervez Musharraf passed the National Reconciliation Ordinance (NRO), which “lifted all of the charges of corruption on the PPP, and … did not extend to those regarding the PML-N,” explained Dr. Carol Christine Fair of Georgetown University, to the HPR. The agreement had two major effects. First, it allowed the leader of the PPP, Benazir Bhutto, to return to Pakistan from exile without fear of indictment or conviction over corruption charges. Moreover, it contributed significantly to an alliance between the PML-N and Chief Justice Chaudhry, whom Musharraf had suspended.
The country was quickly falling into discord, due to a lawyer’s movement after the suspension of the Chief Justice. Then, in 2009, the head of the army, General Ashfaq Parvez Kayani, mediated an agreement by which Chaudhry would be reinstated, to which the PPP reluctantly agreed. Thus formed a haphazard, partial tripartite alliance, consisting of the military, the judiciary, and the PML-N. “It was the PML-N’s agitation in conjunction with the army chief that brought [Chaudhry] back to the bench,” says Fair. “Ever since his reinstatement, he would rabble-rouse on issues of corruption … [usually] when the army had an alternative to the PPP.” The judiciary’s friendly relationship with the military and the opposition led it to prosecute the PPP.
Of course, many of the PPP politicians who faced the courts were actually corrupt. Mr. Ashraf’s nickname, “Raja Rental,” refers to the alleged bribes he received while Minister for Water and Power. Another contender for Prime Minister, Makhdoom Shahabuddin, received an arrest warrant after he became embroiled in a scandal involving illegal imports of ephedrine. However, the fact that the allegations are overwhelmingly tilted against the PPP implies that the judiciary has ulterior motives.
The Canadian Cleric
Tahirul Qadri’s marches and protests have occurred amidst this environment of mutual distrust and competition. “In the Constitution of Pakistan, Article 38 … were definitely promises, but none of these promises have been fulfilled. The people who are ruling, they have always been corrupt,” he says. In particular, Article 38 guarantees provisions for the social and economic wellbeing of the populace. Qadri insists that his movement is “nonviolent” and “democratic,” aiming to restore “democracy, human rights…and the rule of law” to Pakistan.
Qadri is well-versed in the public sphere. A former public official, leader of a small political party, cleric, and founder of Minhaj-ul-Quran International—an international nongovernmental organization that promotes a “moderate vision of Islam and Sufism, working for peace and integration.” He published a fatwa against terrorism in 2010.
However, Dr. Qadri’s movement is unique in several respects. The first is his sudden, meteoric rise from the political shadows to the center of Pakistani public life, and the speed with which he was able to assemble large crowds. Critical to his success are his remarkably deep pockets: though Minhaj-ul-Quran has remained reticent about its funds, advertisements have appeared on billboards and televisions throughout the country. While some members of the media and foreign observers, including Dr. Fair, suspect that Qadri has some backing from the military, the cleric provides a different explanation: people “knew that they had been deprived of all these fundamental rights … they wanted change. They wanted electoral reform. They wanted their share of democracy as promised to them.”
His true strength lies in his ability to simultaneously inspire protesters while influencing the political elite. Members of the legislature have met with him numerous times, which culminated in an agreement that involved reforms in the formation of a caretaker government before elections, a reshaping of the Election Commission of Pakistan (ECP), and heightened inspection of candidates. The military has generally remained silent, despite Qadri’s repeated praises.
On the other hand, his relationship with the judiciary has been much more hostile since he presented his petition to the Supreme Court. According to Dr. Qadri, nothing was discussed in the proceedings except the potential effect of his dual Canadian-Pakistani citizenship status on his loyalty. Qadri explained to the HPR how the interaction unfolded: “I took a picture out of my pocket, and I said to the Chief Justice, ‘Once you had a oath of allegiance to the constitution of Pakistan, and an oath of allegiance to democracy … then you took an allegiance and loyalty oath to the dictator Pervez Musharraf. And is this your picture? Please, tell me … If you are taking two oaths, one on constitution, one on dictatorship … what would you say is your loyalty—divided or [not]? … How can you doubt my loyalty?’”
A Red Herring
Thus has Dr. Qadri proven to be a somewhat destabilizing force in the buildup to an immensely important election. Through the lens of exposing widespread, egregious corruption and poor governance, he has drawn attention to party interactions as well as the political power of the judiciary. He has also emphasized the military’s independence from the courts and the legislatures, especially as a result of the army’s remarkable refusal to demonstrate any overt response.
According to Sherry Rehman, Pakistan’s Ambassador to the United States and a member of the PPP, the government is making progress against corruption. She praised the establishment of the Election Commission, whose “first action was to throw out one of our [PPP] candidates, in a bi-election.” She explained to the HPR that the PPP has to “accept their decision and verdicts” with the understanding that these sorts of institutions “will buttress future democracies.” In theory, by giving citizens a greater say in the democratic process, corruption will decrease. Interestingly, this reference to public participation aligns with the principles of Qadri.
But overcoming corruption is not necessarily a silver bullet for Pakistan. According to Dr. Fair, the “absolutely anemic democratic institutions” are to blame, with a history that goes back to the partition of Pakistan and India in 1947. According to this view, corruption is merely a symptom of more structural challenges. Yet the factions of Pakistan have chosen this specific ill as its bogeyman, transforming it into a means to other political ends.