The parliamentary crisis with its turns and twists from the day one, has reached to an interesting and important stage where the turning point could either end the year-long political battle among the three pillars of state, or mark the origin of a political calamity that could lead to the unimaginable and irreversible. The protest demonstration of MPs from the Coalition for Support of Law on Tuesday was not what it was expected seeing the fiery speeches of its leaders. But it does not mean it was the ultimate show of street-power by the protesting MPs and their supporters. In Afghanistan, there is no culture of incessant protest. But the crowds get out of control easily, and turns into a mob, or worse than that. The reason protesters were stopped by MPs before they reach center of the city is also the fear that once the situation gets out of control, the loss can be huge. We have witnessed it.
The Palace played well by releasing two different versions of it. The decision announced are same in both versions, however the one released with the signature of President Karzai is more like a Sharia statement from the Islamic Emirate of Afghanistan. It makes the matter more complex by defining ominous 'judicial' authorities of the President. The media version of that Presidential Order was released by the office of Presidential Spokesman. Seeing the unclear wording of the Presidential Order, a deal was imminent.
You needed a constitutional lawyer to translate that order. TVs in Kabul were reporting totally different from each other, some saying the Special Tribunal has been dissolved and the Election Commission assigned to finalize the election dispute, while others were reporting that the President has asked the Election Commission to implement decision of the Special Tribunal. Such was the ambiguity of the statement that both sides of the conflict, MPs in parliament and the 'protesting candidates' claimed victory. It was intentional to cause the confusion, keep space for a deal, and depict the 'order' in way that seemed like President Karzai has made a very rational decision about all this crisis by assigning IEC to resolve the conflict. But in reality, there is already a deal of sort. I would name it the Plan B of Karzai for this crisis.
The Presidential Order had kept the criminal issues of this dispute exceptional while baring all state organs to cease dealing with this except the IEC. Among the list of 62 MPs, 17 of them come into the category of 'criminal'. And sources say Karzai after intense meetings with leading political figures and Jihadi leaders have 'found the middle way' of this crisis, which is removal of 17 MPs, to be replaced by the 'protesting' guys. There was another interesting report by the McClatchy newspaper about UNAMA Special Representative Staffen de Mitsura proposing IEC Chief Manawi about removal of 17 MPs—Karzai's Plan B for this crisis. This report also mentions that Manawi is looking for removal of 'five or six' that might include the rumored names I mentioned in the beginning.
The current battle among the government, parliament and judiciary has many dimensions. This can't be generalized as a battle between the pro-Karzai camp and opposition, with judiciary, the government, attorney general and the Special Tribunal on one side, and majority of MPs, the Election Commission and Complaints Commission on the other. There are cracks within the divide. For instance, on Tuesday a group of MPs formed another coalition called Reformists.
It included all pro-Karzai folks, who condemned the Coalition for Rule of Law in a press conference that day. Insiders say there was a sale of MPs when players from Karzai-camp were busy buying off their loyalties, trying to split the Rule of Law group. There are different rumors about what IEC might announce in its final verdict this week. Some say five MPs might be unseated. The rumored names include Hafeez Mansoor, Sarwar Usmani, Tahir Zaheer and Simeen Barakzai.
The fun is that it does not include Daud Sultanzoy. If it turns out to be the actual decision of IEC, Sultanzoy might declare the verdict 'Haram' and issue a 'Fatwa' calling IEC an un-Islamic body. These days he has been making statements defining Islamic Sharia. His fans did not know he was an expert on Sharia. While talking to his group of 200 supporters in Kabul the other day, he said, "the court decision [Special Tribunal] is binding and enforced by Islamic Sharia law.
Nobody can defy the injunctions sanctified by the law. If they stand in the way of implementing this decision they will be considered 'mumtamarid' [defying Islamic principles]. We all know that what Sharia prescribes for dealing with such people." Mr. Sultanzoy has been very critical of the Independent Election Commission. He is an intellectual, no doubt, but the above Sharia statement and his self-centered stance during this entire crisis shows the 'pro-democracy' face of our intellectual.
Daud Sultanzoy's statement is not just a random rant, but as per the script, this crisis has been shaped to end with such episode. President Karzai has motivated judges and prosecutors in different provinces. Meetings were held with statements in favor of President Karzai. Besides that, the Kabul Appeal Court had also condemned the MPs rejecting the Presidential Order, saying they are opposing Sharia. Ulema Council of Afghanistan in a statement has hailed decision of the Special Tribunal. They all are putting indirect pressure on IEC to follow a certain line this week.
As I mentioned above, the Presidential Order twist with two different versions was part of this script. The one released with sign of President Karzai include a long paragraph not included in the version of the Order released by the Office of Presidential Spokesman for media. Below is the translation of that paragraph by AAN;
Given that ruling no. 22 (13/05/1390) of the Civil Affairs and Personal Status Division of the Appeal Court of Kabul province on the disputes arisen from the parliamentary elections of 1389 [2010] determined that the right to be an MP (hagh-e wekalat) in the Wolesi Jirga is a right of political privilege and representation (hagh-e emtiazi-ye siasi-ye eghtezai) and the use of this right, in the face of the current tensions that are running high in the country and in view of the highest national and social interest of the community, country and nation, has been vested within the authority of the person of the president, as the judge who has the authority to inaugurate the judiciary, the Ol-ul-Amar [the Amir whose authority is not given by people but is based on religious principles], and the leader of the national policy of the Islamic Republic of Afghanistan, so that the implementation of whatever decision he deems best serves the interests of the country and the nation and matches the realities of the society, may put an end to the existing confusion.