WARESPEDIA

Honourable members of the Senate and the National Assembly,

The NRO was tabled in parliament on Oct 16. Within the next six weeks, you will be voting on the government's proposal to make it a permanent law. For most of you, this is the most important vote that you will probably ever be called upon to cast in your entire political careers. Its outcome will determine not just the fate of the most hotly disputed legislation in the history of Pakistan. It will also influence greatly the political future of the country during the coming years and decades. A very heavy responsibility rests on your shoulders.

Some of Zardari's ministers have been claiming that in seeking parliament's approval for the NRO, the government is doing no more than to act in line with the Supreme Court judgement of Sept 30. This is disingenuous, to say the least, as is also the assertion made by Kaira that the ordinance was really something for which the last government is responsible. Zardari's ally, Fazlur Rehman, has gone even further. He has been quoted as saying that the JUI-F would support the NRO because "its approval will be in accordance with the spirit of the Supreme Court verdict that did not want to annul it."

This is a falsification. The Supreme Court only declared that as the PCO was unconstitutional, the NRO lapsed in February last year, unless it is passed as an act of parliament with retrospective effect. The court did not in any way suggest that the government should place it before parliament or that parliament should pass it. If you, as members of parliament, now approve the ordinance, the blame – or if you like, the credit – will be entirely yours and you will be answerable for it before the bar of public opinion and of history.

Mr Zardari, the main beneficiary of the NRO, also has the most to lose, both personally and politically, if the law is scrapped either by parliament or the judiciary. It is, therefore, no wonder that the presidency has deployed all the guns at its disposal to ensure passage of the ordinance by parliament. The president knows that if he fails in this effort, his fate will be sealed.

It appears at present that he has the votes he needs in both houses of parliament to have the law passed. Many PPP leaders besides the party co-chairman, and the MQM, have benefited directly from the ordinance. Despite some rumblings in the PPP, members of parliament belonging to the party are expected to vote solidly for the NRO. Other parties of the ruling coalition – the ANP and the JUI-F – are not direct beneficiaries. But they too would not like to embarrass Mr Zardari, whom they see as the main figure holding the coalition together.

The PML-N has been blowing hot and cold on this issue, depending on what appears to it to be politically expedient at any given time. These days it is again railing against the NRO. Mr Zardari will be meeting Nawaz Sharif shortly and is expected to offer a deal under which the PML-N would abstain in the vote on the ordinance, instead of voting against it, in return for some concessions. No one can be sure how the PML-N will vote eventually.

Those of you who have benefited from the NRO have strong personal reasons to pass it as law. Many others who have not gained from it directly will now come under pressure to support the NRO. Some of you will also be offered inducements of many sorts. It is to be hoped that you will not be influenced by these considerations and will reject the NRO. There are at least six reasons why you should do so.

First, public opinion, at the grassroots level and as expressed in the media, is overwhelmingly opposed to the NRO and will be further outraged if you grant impunity to those alleged to have looted the taxpayers' money on a massive scale, while the common man struggles to make ends meet in the face of runaway inflation, rampant corruption, a stagnant economy, a dysfunctional government and a persisting power crisis.

The only national newspaper to have supported the approval of the NRO is the Daily Times. Its editorial on Oct 19 ("Useless battle over NRO") argues that everyone must bow to "the fundamental principle of majority in democracy." If this perverse logic is accepted, it would follow that the only appropriate role for public opinion, the media and political parties is to say hurray and amen to whatever the parliamentary majority decides. Fortunately, our public is not prepared to put up with this kind of garbage.

Second, if you pass this law, you will be saying goodbye to an elementary principle of the rule of law that holders of high public office, like all others, must be punished if they misuse their authority in order to enrich themselves. This is not a "useless battle" as the Daily Times puts it, but is fundamental to the concept of equality before the law. The vote on the NRO is essentially over the question whether some citizens are more equal than the others.

Third, by putting your stamp of approval on multi-million billion dollar graft you will only bring further discredit on yourself. As it is, your reputation is not very high. Most of you come from a small exploiting class. Most Pakistanis believe that you are in parliament mainly to advance personal, party and class interests rather than serve the nation.

Only a week ago, you were railing against the allotment of plots of land in Islamabad to senior civil servants. At the same time, you are seeking these plots for yourself. The provincial assemblies of Punjab and the NWFP were doing the same. This is rank hypocrisy.

As law-makers, you should be setting an example for others by showing your respect for the law. But your record in this respect is appalling. The Election Commission reported recently that 105 MNAs and 11 senators (fully one-fourth of the membership of parliament) did not submit their annual declaration of assets as required by law. Some of you have been implicated in cases of assault, cheating and worse. Restrictions of space prevent me from giving further instances.

Fourth, any law you pass must be in conformity with the constitution. Before the case goes to the Supreme Court, you must apply this test yourself. Clearly, the NRO does not meet the standards set by the constitution.

Fifth, do not believe those scaremongers like the Daily Times who tell you that if the NRO is not passed, there will be mid-term elections leading to instability. The fact is that chances of early elections will be reduced, not enhanced, if the NRO is scrapped and there will be more not less stability.

The Daily Times also argues that overturning the NRO will overturn the 2008 elections. Nothing could be more inane than that. It is also an insult to the nation because it amounts to saying that the country's electorate itself chose to legalise large-scale corruption.

Sixth, do not forget that whatever you do with the NRO will be judged by history and the people of Pakistan. The last parliament is rightly reviled for having passed the Seventeenth Amendment. You too will not be forgiven if you approve the NRO.

You must rise above narrow personal and party politics. The choice you face is between trying to save Mr Zardari and taking the country forward. Choose the latter. The political stability of the country and the credibility of our parliamentary system of government are at stake. If you pass this law, you will bring undying shame on yourself and parliament and will have brought the country to a new low.

On the other hand, you have an unprecedented opportunity to put the country on a stable democratic path. Just say no to the NRO. And you, dear Yousuf Raza Gilani, can take the lead by announcing that you will be voting against the ordinance. You have often been saying that you wanted to make history. Now is your chance.