“This case will open a Pandora’s box, Musharraf’s collaborators will be tried under Article 6 of the Constitution," says senior lawyer SM Zafar. DESIGN: FAIZAN DAWOOD
As Pakistan will mark the first of its kind treason trial of an army general, the sword also hangs on the heads of many collaborators of former army chief General (retd) Pervez Musharraf, legal and constitutional experts say.
Treason trial against Musharraf’s collaborators will be initiated under clause 2 of Article 6. If a court decides to go ahead with the trial, many high-ranking officials will then be answerable, experts add.
‘Opening a Pandora’s box’
“This case will open a Pandora’s box,” says senior lawyer SM Zafar. “Musharraf’s collaborators will be tried under Article 6 of the Constitution. I also mentioned names of several high-ranking officials who could possibly be Musharraf’s collaborators in this unconstitutional act,” Zafar added.
Clause two of Article 6 states that any persons aiding, abetting or collaborating with a person who abrogates the Constitution shall also be guilty of high treason.
Constitutional expert Baber Sattar said that the high treason case may be expanded by the Supreme Court and is likely to drag many high-ranking officers and political leaders.
Sattar said it will be difficult for Musharraf’s counsel to justify that collaborators had endorsed the former president’s decision to proclaim emergency in 2007.
The Supreme Court may constitute a special tribunal to hear Musharraf’s case, Sattar said, adding that it can also refer the case to any trial court for further proceedings.
Clash of institutions
Senior lawyer Aitzaz Ahsan, who is also a Pakistan Peoples Party senator, endorsed the government’s decision to try Musharraf under Article 6 and said it was a move in the right direction.
However, Ahsan foresees a clash of institutions with the initiation of the trial, as it was the first time in Pakistan’s history that a military rule is being questioned.
“All the pretexts and excuses have been given—it is going to lead to a clash of institutions and will harm democracy,” Ahsan told The Express Tribune.
November 3 emergency
Many petitions have been filed to put Musharraf to trial for high treason. One petitioner, Jameel Ahmed Malik agreed that Musharraf’s collaborators must be put to trial for high treason with the former military ruler.
To justify his claim, Malik quoted Musharraf’s proclamation of November 2007 emergency in his petition filed in the Supreme Court on September 2009.
“The situation has been reviewed in meetings with the prime minister, governors of the provinces, and with the chairman joint chiefs of staff committee, chiefs of the armed forces, vice-chief of army staff and corps commanders of the army. Therefore, in pursuance of the deliberations, and decisions of the said meetings, I, General Pervez Musharraf, Chief of the Army Staff, proclaim Emergency throughout Pakistan,” the proclamation read out.
The petition carries names of retired and serving high ranking military men, superior courts’ judges and politicians who could possibly be summoned by the court during treason trial.
These names include: Chief of Army Staff General Ashfaq Parvez Kayani, Minister for Science and Technology Zahid Hamid, former Prime Minister Shaukat Aziz, Governor Sindh Ishrat Ul Ebad Khan, former Governor Baluchistan Owais Ahmad Ghani, former Governor Punjab Lieutenant General (retd) Khalid Maqbool and former Governor KPK Lieutenant General (retd) Ali Mohammad Jan Aurakzai. General (retd) Tariq Majid, former Chief of Naval Staff Admiral (retd) Muhammad Afzal Tahir, Air Chief Marshal (retd) Tanveer Mahmood Ahmed, Lieutenant General (retd) Sajjad Akram, Lieutenant General (retd) Khalid Shameem Wynne, Lieutenant General (retd) Waseem Ahmad Ashraf, former director general of Intelligence Bureau Brigadier (retd) Ijaz Shah, Lieutenant General (retd) Hamid Javed, MNA Aftab Ahmad Khan Sherpao, Lt. Gen (retd) Hamid Nawaz Khan, former interior secretary Syed Kamal Shah, former Principal Secretary Law Justice (retd) Mian Muhammad Ajmal, former Attorney General Malik Muhammad Qayyum and former law secretary Mansoor Ali Khan, justice (retd) Abdul Hameed Dogar, justice (retd) Nawaz Abbasi, justice (retd) Syed Saeed Ashad, justice (retd) Faqir Muhammad Khokhar, justice (retd) Javed Buttar, justice (retd) Muhammad Qaim Jan Khan, justice (retd) Ijaz-ul-Hassan, justice (retd) Muhammad Moosa Leghari, justice (retd) Chaudhry Ejaz Yousuf, justice (retd) Mian Hamid Farooq, justice (retd) Syed Zawwar Hussain, justice (retd) Muhammad Farrukh Mehmood, justice (retd) Sheikh Hakim Ali, justice (retd) Zia Perwez, justice (retd) Sardar Muhammad Aslam, justice (retd) Akhtar Shabbir, justice Syed Zahid Hussain, justice (retd) Mian Muhammad Najum-uz-Zaman, justice (retd) Maulvi Anwar-ul-Haq, justice (retd) Nasim Sikandar.
Only Musharraf to be tried
A former ambassador, B A Malik, however, thinks otherwise. In his view only Musharraf should be tried because he was the Chief of Army Staff and President and was hence, personally responsible for subverting the constitution like former military rulers, Ayub Khan, Yahya Khan and Ziaul Haq.
The whole army can not be dragged into the controversy of course, he said.
Former President Musharraf may not be tried for subverting the Constitution on October 1999 as the Parliament under Shaukat Aziz had validated this act.
Published in The Express Tribune, June 25th, 2013.
COMMENTS (10)
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Fake cases which has been instituted against Musharraf are: 1. Benazir Assination: How come President is responsible to provide security to ex Prime Minister. If the courts are still thinking so than there is a big problem with their grey matter. Security is the domain of local police. In this case it was the police chief of city police. 2. Lal Masjid: This is a case of mutiny which should have been framed against against the terrorists. The courts instead gave an unconstitutional cover to terrorists. Thanks to the terrorists net work in Judiciary. 3. Akbar Bugti Case: This case should be investigated thoroughly. It must be seen whether he died in Military operation or was murdered for specific reasons. PROCLAIMATION OF EMERGENCY.It is a constitutional provision. The court has given ruling against it and that is all. It is like PPP government imposed Governor rule in Punjab & court scrapped it. So where is the treason case against PPP government? State of Pakistan is not meant forsettling personal vendettas. This case will make Musharraf a bigger politician than others.
@Baby ka Husband: Zardari may have a very important role to play at the end of his Presidency. He may issue Presidential Pardon to everyone. The Constitution may not allow it now but a way will be found. Nothing would be more satisfying for Zardari to Pardon those who jailed him. Whether Musharraf will seek Presidential Pardon or not is also a big question.
O lala! this is tasty, lets walk back a little to say 1999, CJ took the oath ? Bring him on since he was the very person who justified the whole coup in the first place!!!
@usman 786: "no potent army chief can check govt wrong doings" Yes that is the point and that is the constitution of Pakistan. The army officers are not highly educated to run the country and there are courts to decide what is right and what is wrong not an individual with a gun in his hand. That is why they are called bandits if they are civilians and traitors if they are wearing uniform and taken the oath of to uphold the constitution but go against their own oath of office.
And it must consider 1999 coup as well. Indemnity by the parliament does not hold any legal standing as it is against the basic structure of constitution. All PCO judges are aiders and abbetors, and must be sentenced along with their uniformed masters. No exceptions.
To be realistic, only Mush should be tried for high treason as he was the army chief, president and head of his own party all at the same time. He has totalitarian powers and he was not under any pressure from any side. Just to make an example of the aider and abetters their titles, perks and pensions should be taken away and they should be condemned by the courts. No need to drag so many people that nothing would happen.
So that tom no potent army chief can check govt wrong doings. Geo democracy in parha likha bewaqoof Pakistan
First of all PCO judges should be tried !
I love the list of collaborators, its longer than the one for East Pakistan. Longer the list the more likely they will all get away. Please add one more person, Zardari. For corrupting us like no one before and for making so much money without a Paisa in tax. He screwed the nation more than that long list put together you have produced.
Lets hope only civilians take the blame.