A portrait of Ziaul Haq | WHITE STAR ARCHIVES
As President, he was his own finance minister, a self-sufficient foreign office, and even his own spokesman before the media. As many of his admirers have vouched, he listened to everyone, but however salutary the advice advanced or however unwelcome the criticism offered, he invariably acted upon his own instinct. Therefore, whatever good happened to Pakistan during his tenure will go to his credit and whatever harm came to it will also be put down in his personal ledger.
Some of the late President's critics unfairly dispute the fact that he was the sole architect of his success in occupying the top spot in the country for 11 years. They refer to Afghanistan, good harvests, remittances by expatriate workers, the weakness of the opposition parties, etc., as factors that enabled General Ziaul Haq to preside over the destiny of Pakistan for such a long time. But each of these factors offered more courses than one and the choice of the path actually adopted was solely General Zia's.
The questions to be examined here, therefore, are: How did General Zia become the absolute ruler of the country? To what extent was he able to use this power to achieve his declared objectives? What was the effect of his rule on Pakistan's fortunes? What is his legacy?
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General Zia knew from the very beginning that he was imposing martial law in a country which had bitter memories of two earlier martial law regimes, and that even if a section of the people was prepared to accept a new martial law in order to eliminate a common enemy, he would soon be required to furnish proof of legitimacy. He decided to meet the situation through the simple method of countering the popular perception of reality with illusions of his own creation.
The experiment began while searching for a justification for the July 5, 1977 takeover. The whole country knew on the night of July 4, 1977, that, after indulging in muddle-headedness for months, the leaders of the PPP and PNA had found a way out of the crisis which could have served as a pretext for disruption of constitutional life. The country had been pulled back from the precipice, and the danger of civil strife had been averted. Yet General Zia insisted that he had intervened to save the country from bloodshed and chaos.
In the fields of foreign policy and economic management, the same pattern of countering reality with the help of illusions was followed
Further, unlike Ayub Khan and Yahya, who justified martial law in its own right, General Zia relished the idea of a Chief Martial Law Administrator decrying martial law. In this way, he almost succeeded in convincing all the politicians that his sole mission was to hold a re-run of the March 1977 elections. When it was discovered that fresh elections might not achieve the liquidation of the ousted political party, and some of the PNA parties gave vent to their apprehensions, postponement of elections was presented not as something desired in partisan interest, but as a requisite of national survival.
The question of legitimacy, however, continued to pose problems. In the popular perception, only a rule in accordance with the constitution was legitimate. A two-pronged theory was advanced to ease the situation. First, it was assiduously maintained, contrary to all evidence, that the constitution of 1973 had not been thrown overboard, but only held in abeyance. Second, the definition of legitimacy was changed. It was argued that martial law might be contrary to the legal and constitutional norms held dear by the people, but it could legitimise itself if it strove to achieve a noble objective, such as accountability or Islamisation of the polity.
Another illusion considered necessary to legitimise martial law concerned supremacy of the normal law and independence of the judiciary. The state of emergency and the Defence of Pakistan Rules were withdrawn and the people given the tidings that they would be subject only to martial law regulations! The superior courts' verdicts would be respected and it was immaterial if the composition of courts was changed during the pendency of crucial petitions or appeals. The Provisional Constitution Order, which divested the superior courts of inherent powers to check the executive's excesses, was presented as a means of guaranteeing the supremacy of law. The independence of the judiciary was not affected by simply getting rid of judges by not inviting them to take a new oath.