Ch Shujaat claims ex-CJP cut deal with Musharraf

ISLAMABAD:

Chaudhry Shujaat Hussain, a former prime minister once known as ‘the kingmaker’, has a treasure trove of information on the long reign of former strongman of Pakistan, General (retd) Pervez Musharraf.

Shujaat was the head of the ‘king’s party’ that Musharraf had cobbled together to give political credence to his rule after the October 1999 coup. Shujaat’s house in F-8 Sector of Islamabad and PML-Q’s secretariat in F-7 Sector used to be abuzz with political activity. And the Chaudhry of Gujrat had a say in all key decisions under the military ruler, including appointments to top government positions.



“Iftikhar Muhammad Chaudhry was elevated to the coveted office of chief justice of Pakistan on my recommendation after Judge Sahib worked out how General Sahib could remain in uniform after his mandated term,” said Shujaat, whose PML-Q is now in its twilight era after its heyday period between 2002 and 2007.

Before parliament adopted the 18th constitutional amendment, the president had a discretionary role in appointment of heads of key institutions, including the superior judiciary, and elevation to the coveted post of chief justice.  Article 177 of the 1973 Constitution did not clearly prescribe any rule of seniority for such an appointment in the apex court of the country.

The Supreme Court had shed some light on the matter in the Al Jihad Trust case, but the ruling was not followed up with constitutional changes to make it mandatory for the head of state to follow the seniority criterion.

Musharraf had already reneged on his public promise of doffing his military uniform by December 31, 2004. The promise was part of an agreement the PML-Q l had cut with the seven-party religious alliance, the Muttahida Majlis-e-Amal (MMA), for securing its support to pass the Legal Framework Ordinance through the 17th amendment to the Constitution.

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The 17th amendment inter alia gave a legal cover to all the actions Gen Musharraf had taken since the October 12, 1999 coup, validated his controversial referendum before assuming the office of president.  Now, Musharraf wanted to keep both offices, chief of the army staff and president, in order to keep his grip on power.

Justice Nazim Hussain Siddiqui, who was made chief justice on a seniority basis, was about to retire after six months in the office. The General was on the lookout for a replacement, but the one who could solve his predicament. Here, Shujaat came to his help. Though Iftikhar Chaudhry was the senior-most judge of the Supreme Court, Musharraf wanted to make sure the next top judge did not create any problem for his dual offices.

Shujaat had good relations with Iftikhar Chudhry. The two used to frequently dine together at Shujaat’s place.

“We [myself and Musharraf] thought he is an outspoken person. Let’s make him the chief justice. I told the president [Musharraf] that Chaudhry Sahib would be the most suitable choice for the top slot in the Supreme Court. He would do what we say. Musharraf said, ‘Ok, let’s meet him,” Shujaat recalls in an exclusive interview with The Express Tribune.

“We [myself and Iftikhar Chaudhry] left for the Presidency in my Land Cruiser. En route, I briefed Judge Sahib on what to say and what not to. When we reached the Presidency, Tariq Aziz [the then national security adviser] was also at the Presidency. The discussion started. Judge Sahib did not say a word. When the president [Musharraf] went to the washroom, I said, ‘Judge Sahib, what are you doing! Please talk,” recalls Shujaat, an astute politician, known for his humble demeanor.



“When Musharraf returned, Judge sahib broke his silence and started speaking on how he [Musharraf] could continue with his uniform. He spoke on all the technicalities involved,” says Shujaat, who had the same clout during the Musharraf regime as was enjoyed by the late Pir Pagara under another military dictator General Ziaul Haq.

After the meeting, the two left the Presidency on the same SUV. “On our way back, Judge Sahib asked me, ‘Chaudhry Sahib, did I speak well?’ I said, ‘Yes, you spoke very well,” says Shujaat who is writing all this in his soon-to-be-published memoirs. The deal was already done. Musharraf had made up his mind. And subsequently, Iftikhar Chaudhry was elevated the chief justice of Pakistan on June 30, 2005.

Published in The Express Tribune, February 1^st,  2016.