File photo of former president Pervez Musharraf. PHOTO: FILE
Once a leading figure in the war against terrorism, former president Pervez Musharraf has now found himself facing charges of terrorism. And after he evaded immediate arrest following the cancellation of his pre-arrest bail in the Islamabad High Court, the former general has been charged as an absconder as well.
While political parties, which have otherwise remained tight-lipped over Musharraf’s activities, have welcomed this act, legal experts are divided over whether the former president can be termed an absconder and a terrorist.
Senior Supreme Court lawyer Dr Abdul Basit was of the opinion that the IHC had wrongly charged Musharraf with terrorism while hearing a bailable offence. “Musharraf should be tried under Article 6 of the Constitution and not be deprived of his right to a fair trial,” he maintained, adding that the court’s decision would help the former president emerge as a hero.
Dr Basit questioned, however, the way Musharraf’s defence team tackled the issue – Musharraf’s counsels attempted to approach the Supreme Court after his bail was cancelled but were unable to file an application for pre-arrest bail due to the expiry of the deadline.
“There is no need to approach a superior court for bailable offences… Musharraf should have approached the concerned SHO for this purpose,” said the lawyer.
Advocate Salman Akram Raja, meanwhile, said the former president could not be termed an absconder since the police had been reluctant to arrest him. “The judgment emphasised Musharraf’s arrest… the police was obligated to do so,” he said.
Several politicians have criticised the police for their failure to arrest the former president as well.
Jamaat-e-Islami chief Munawar Hassan lamented the lapse on the police officials’ part and labelled it a sign of their ‘discriminatory’ approach towards Musharraf. “The police must arrest him at once and only let him free after the SC or trial court confirms his bail in the case.”
Pakistan Tehreek-e-Insaf Information Secretary Dr Shireen Mazari, likewise, urged the court to take action against those police officials who failed to arrest the former president and helped him escape.
Pakistan Muslim League-Nawaz’s Khawaja Saad Rafique and Senator Pervez Rasheed both welcomed the court’s decision and condemned the police for failing to arrest Musharraf. Senator Rasheed said the day was an important one in Pakistan’s judicial and political history, and strengthened both these institutions.
Members of the upper house of Parliament also strongly criticised the relevant agencies for failing to arrest Musharraf on Thursday. Senators from all parties, except the Muttahida Qaumi Movement and PML-Quaid were unanimous in their demand to bring the former president to book.
Awami National Party Senator Zahid Khan criticised the judiciary for convicting a sitting prime minister but failing to ensure the arrest of a former dictator. “Politicians are being punished and humiliated by security forces while a dictator is being provided an escort, which is shameful,” he asserted.
PML-N Senator Mushahidullah Khan said that Musharraf should be held accountable for all the wrongdoings during his regime. He blamed the former president for imposing the so-called war on terror on Pakistan. He also accused the Pakistan Peoples Party of granting Musharraf indemnity. Mushahid also warned the caretaker government that it would be held responsible if Musharraf managed to flee the country ‘like he fled the court premises’.
PPP Senator Farhatullah Babar, however, sought to deflect the blame from the caretaker government. “The caretakers are helpless, just like the previously democratically elected PPP government had been,” he maintained.
Fellow PPP Senator Raza Rabbani, meanwhile, came down hard on the police as well. “The police have [shamefully] helped a usurper reach home under the protection of the state machinery.”
Published in The Express Tribune, April 19th, 2013.
COMMENTS (5)
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Shame on us all that we remain silent at this disgusting act of injustice display of perfidity.
I for one support and salute President Musharraf and am grateful for all he did to serve Pakistan and all its people. He was, he is and would remain one of the greatest Pakistanis and one of the greatest leaders we have had so far. May the people wake up soon enough before it's too late and Musharraf's enemies do him some serious physical harm. May God be Musharraf's guide and his guard.
Given the certainty over the so called 'absconding' didnt the press including such mainstream newspapers like this ET and Dawn resort to tabloid style sensationalism in putting up their headings yesterday.
When merit is compromised and Judges are selected from a group of vested interests, than such low quality decisions are always expected
This country does not deserve "Democracy" these people should be delt with dictorship
Musharraf is getting punished for not being a "dictator" this country had history of seeing.