Should General Musharraf be tried for treason? Yes. Should he be tried as a “lone wolf”? No. It is the easy way out, to display bravado while still not having to uncomfortably reversing the gaze completely. Treason is an offence against the polity; it is overtly political in nature. Regardless of our courts tendency of dabbling into the political, it is not for them to decide, at least not completely. Musharraf as an individual should be tried for the murders of BB and Bugti amongst others. The treason trial is about closure. The truth and reconciliation model in South Africa had its flaws; but it had one simple, beautiful principle at the core, namely that there is value in telling the truth and there is value and comfort in having it told. The abettors and collaborators need to be accounted for. To ask for each and every one of them to be tried is useless, since to ask for everything is to ask for nothing. No, they need not be tried in courts of law; they need to be compelled to tell the truth, to admit that they were wrong.
To make recollection difficult, to make discourse stagnant, you have to make something holy or turn it into unspeakably evil. The abettors of Musharraf were not Nazi collaborators; they were small time opportunists, some simply political wrong in judgment, some were simply looking for hope. They were all wrong, unquestionably. After the Fall of Dhaka, generals were fired; the army stood discredited, Yahya Khan was declared a “usurper” by the Supreme Court. Yet, before the decade could turn, a coup had been mounted, an elected prime minister hung. How did that happen? Yahya Khan was the “lone wolf”, while the Hamoodur Rehman Commission was kept under wraps. The tragedy, it was decided, was too horrific to look at and Yahya Khan was declared a “usurper” once he was gone. It was an individual act and the individual has to be removed from the army, from the context and treated in abstract, as some abomination, an irregular phenomenon. The morale of the institution is to be safeguarded. That is how. This is how Ziaul Haq lives on because he was not properly dealt with. He died prematurely and cheated justice. And because he was dead, we forgot about catharsis, of cleansing our body politic of his impurities.
General Musharraf as an individual could have neither taken over in October 1999 nor have proclaimed the emergency in November, 2007. He needed and got the support of the formation commanders, of the Supreme Court and of politicians. Many of them have redeemed themselves since. However, it would be nice to hear that, “we are sorry”, nothing more. The judges who gave him the power to amend the Constitution (without him even asking) and those who gave him permission to contest the presidential election while still in uniform. The army generals who complied with blatantly illegal orders. The politicians who vowed to have him elected “10 times” in uniform. Where are they now? Just to tell them, this is not on. The treason trial has to be conducted in parliament, in the talk shows, in the newspapers, before it goes to court, which it should eventually. The Commission report this time should be real time and public.
To argue that an all-encompassing truth and reconciliation will lower the spirit of our soldiers is absurd and condescending. Our soldiers are martyred every day, while the shameful circus of talking to their murderers continues. Their morale and resolve is rock solid, even when we fail to acknowledge their glorious sacrifices. The morale of a few “fat cats”, on the other hand, is insignificant to bother about, or perhaps should be dampened.
Let there be a trial of everyone who helped him to overthrow an elected government, to insult us as a people, to commit murder. Musharraf will, of course, be at the centre of the trial, because a wolf, lone or not, is still a wolf.
Published in The Express Tribune, June 30th, 2013.
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COMMENTS (23)
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Cases against Musharraf have very limited legitimacy and are basically a personal vendetta by PM Nawaz and CJ Ch Inftikhar;
Case 1 - Coup in 1999: This was validated by the SC under the 'Doctrine of Necessity' hence it was legal. The doctrine may have been over turned by the SC but it was still in force at the time, and how can you convict someone of comitting a crime when that action was not a crime at the time of conduct, this make no sense, is unfair and a very, very bad idea for the future. Any itelligent person can see how this kind of precedent can be and most defintely will be abused by govt in the future.
Case 2 - Benazir Murder: The man who took responsibility (which was not Musharraf) for her murder is dead, her own parties govt said so much. She was under significant threat which was communicated to her by Musharraf, when he warned that the govt may not be able to protect her, this is an instance of incompetent security not pre-planned murder. The president does not plan and control the security himself, he orders the relevant dept to do the it. Security was provided to her and it failed to do its job, a tragedy but not un-heard of in Pakistan or around the world. The only way Musharraf can be held responsible is if he personally ordered her murder or ordered all security to be removed. Which did not happen as shown by all records.
Case 3 - Akbar Bugti murder: What ever his reasons Akbar Bugti was conducting armed rebellion agains the state. No state can exist if it does not respond to such provocation from its citizen. If his disagreement was political he should have fought for it politically, but he choose to use arms and lost. Pure and simple. If the president of the state is barred from taking action against armed rebellions then this too will make it impossible for any future govt to launch any kind of operations against militants as long as they claim it to be a political rebellion. Once again no state can allow this and survive. To see the genesis of the Bugti/Musharraf stand off look in to the Kalpar issue in Balochistan before trying to lionise a man like Bugti.
Case 4 - Judges Detention: This is the only case where Musharraf can be held responsible, but again there comes up the point of law at the time the act committed, if at that point the President had authority under the constitution to put the judges under house arrest then there is no case here. If not then you need to prove in court that the order originated from Musharraf and do that you need testimony from multiple eye witnesses to the actual order being given or something in writing which can not be disputed.
The 18th amendment at other related laws passed post the Musharraf era are a welcome change, but they can only be applied for future cases, Laws can not and should not be applied retroactively since that is patently unfair to the accused and undermines the whole concept of jurisprudence.
@asif: Asif you are right but if you take into account the whole picture and not focus only on the Defense Forces you will move towards catching the snakes head. Like you rightly quoted Mao ( Mao’s saying” political power comes out of barrel of a gun”.) you also need to think more about what Mao is trying to tell you. In the entire history no king was able to rule for long if had a weak sword. Therefore the key to any strong government is the powerful fighting arms under its command. With military might comes the political strength. Like they say only a good rider can ride a horse. If the rider is weak fall the consequence and if the horse is angry it will also trample the rider. The hint is " All our political heads got trampled and each time the public rejoiced." I am not calling this right, I am only highlighting the problem. Now come to obedience . (The blind obedience of lawful command is a pride of a soldier and therein lies success of army. ) What the marine told you does not happen in real life. One marine is never told. It is always a big operation and the whole machine moves. The individual marine does what he is ordered and does not know the full picture. If he does manage to say no he is shot there and then. That is the way of punishment on active service. The fact is the forces will take over any where the government is too weak and the country is under threat, Be it India or US. Lastly Mr Saroop has only taken a portion of the picture and blown it up. It only distorts the facts. By calling Gen Musharaf a wolf the heading becomes attractive but Gen Musharaf does not become a wolf. Just to tell you some not discussed portion of the picture. Why did the then PM try to retire Gen Musharaf when he way in the air returning to Pakistan? Why did the want to appoint an engineer of EME in his place? I Mr Saroop comfortable with that?
It is always a pleasure reading Saroop Ejaz artical. We have still Pakistani having the guts to show the mirror to shamless ,corrupt ruling elite class,I donot think Musharraf trail will solve the energy crises, unemployment of youth or it will bring prosperty to people,it is Nawaz Shaif vindictive nature that he is satisfying and putting himself in the line of fire.Why poeple distrubed seets when his heavy manadate government was removed? He should be gratfull to Musharraf that he spared his life.
Saroop Ijaz in his article " The Lone Wolf " has some excellent points. His analysis of the historic wrongs done to the people and state of Pakistan by a combinations of forces should become the baseline for further investigations and the subsequent criminal proceedings.
Pakistan comes before any other institutions of the country. All institutions are subservient to the constitution; which is symbol of the federation. We cannot not ignore conspiracies against the state anymore. And the best way to obviate such happenings is to bring all those responsible to justice. Let us also be sure that people of Pakistan are also fad up with such interventions.
What reforms are needed to ensue that army's capacity to initiate coups is eliminated? My comments will try to cover this facet of this very complex issue. We need to evaluate as to why military does not take over or formulate policies in UK, USA or India? Even in China the political head exercises great control over the gun, despite Mao's saying" political power comes out of barrel of a gun".
Our problem lies in higher defense organization(HOD). Till 1972, there was no HDO and respective service was independent both operationally as well as administratively. Mr. Bhutto did make HDO but it was capped at the ceremonial level. There has been no effort any government to realize importance to dialute the power of gun.
This government must look seriously into this issue and make changes. It will not only obviate chances of army take overs but it is an operational necessity. The future war even the ongoing counter insurgency operation need a centralize command for conception of operational plans. Likewise sharing of intelligence at the strategic level and inter services cooperation of forces will improve manifold.
There is a need to clearly identify between lawful and unlawful command. The blind obedience of lawful command is a pride of a soldier and therein lies success of army. But, supporting a commander to subvert constitution is something most undesirable. government needs to study this issue and must insert some new army act. (Note - there should be a series of articles on this aspect, if this newspaper finds it of interest, i can make some contribution)
Brig (R) Asif Alvi
@Arifq: And the likes of Hamid Gul who also blatantly violated the constitution. Remember IJI, massive pre poll rigging, purchasing politicians etc?
Very well articulated thoughts of the author about reconciliation and punishing the lone wolf. But I believe, as long as corroborators, opportunists and corrupt generals are not punished according to law and made an example for successive generations of army and politicians, their role in politics and hunting the nation with dictatorships will happen in future.
Yes, we should not only bring to justice Musharraf but also those who abetted him in the crime. The insult and deep rooted injury to this nation and the country, which started in 1958, will continue until we bring to justice at least the lasted of the series of culprits, the likes of Generals Mahmood, Aziz, usmani and their civilian cohorts. Some can be brought to stand trial, where sufficient evidence in the eyes of law exists, while the others like Sharifuddin Pirzada and the judges who gave him phony legitimacy should face a formal national condemnation through a resolution of the national and provincial assemblies.
The ONE and ONLY reason you're able to get this article published is because of the Musharraf. He freed the media while our 'elected' government banned long hair and Junoon. You are blinded by your ignorance to this fact and continue to rage on ET. It's funny yet sad.
Agreed but the trial should be dated back to 1999 when he overthrew an elected government. The trial should also include all accomplices. Our judges who conduct the trial should keep one thing in mind that this time the world is watching. It is not the days of the past when the powerful could do what they wanted in the guise of whatever excuse and the word would not get out. We have already been declared one of the most corrupt and unjust nation. Our judiciary, and the new government, must prove they are above petty personal vendettas and are trying to change the destiny of this country, more so the judiciary they also have one more thing to prove that they are not politically aligned.
@Nadir: I agree with you and the writer for a great suggestion in his column. A US marine told me that if a general orders soldiers to arrest the president they would arrest him instead. According to him the US soldiers take oath to uphold the constitution not to follow the unconstitutional orders of individuals. That is why there cannot a military takeover in USA. I agree that Mush be tried and all his "helpers" be made to admit their guilt and their perks and ranks be taken away. Anything less would not control this cancer.
@Saroop Ijaz. I am sure you know that Musharraf, by profession and training had been an Army officer. He is not a college professor, historian or a politician. So, who suggested him through the intricate legalities of the constitution and the follow up steps to take? Has to be a lawyer.
I am sure Musharraf alone can not even prepare a single legal statement, let alone the knowledge of suspending the Chief Justice, formation of a case and sending it to the Supreme Judicial Council and proclamation of emergency.
Wondering when the High Courts and Nawaz Sharif will realize that Article 6 in 2007 did not consider holding the constitution in abeyance as an act of high treason. Musharraf's 2007 emergency proclamation held the constitution in abeyance...
Picture perfect drawn in the article.That is how we should decide to move one.Admit the heinous mistakes committed against the state by anyone and seek forgiveness and be forgiven....South Africa is a perfect example for us.I don't know why,lack of Cricket in Pakistan reminds me of Apartheid.
Unless the elections are fair and 100% according to the constitution it is not a true mandate of the people. For a very very long time there has been no real mandate of the people because the elections have always been rigged. Let us not take sides of one kind of rulers or the other kind of rulers. All of them failed to deliver so far. I am no fan of generals. In fact they should get twice the punishment because of much investment in there trainings and grooming. We should have only one standard and performance of all public office holders be measured against it. Who will bell the cat? Confucius said " You cannot be honest unless you are ruthless'. Let us stop beating around the bush.
Valid argument Saroop Sahib, with a few qualifications. (1) Conflict of interest as the sitting CJP and Prime minister both have an axe to grind with the accused and (2) why only Musharraf, what happened to Asghar Khan case?
Yes one elected prime minister hanged and one elected prime minter hand cuffed and banished to exile, very sorry state of democracy but the truth is both thesemprime ministers ough their political carriers to martial law dictators. Remember bhutto was in the cabnit of Ayub and also his cover candidate. As for nawaz sharif he was concived during Zia martial law, was his spiritual. Thepoint i am trying to make is that both these leaders donot deserve status of true de ocratic leaders.
Let us declare media a lone wolf which prepares a way for dictator. Coming of a dictator is not spontanious but a long,calculated work by establishment by brainwashing general public through ghairat brigades.The target of ghairat brigade is politicians.Poisonous propaganda ultimately works perfectly and a dictator is welcome as messiah for the nation. Ghairat brigades continues its work today for future dictator.General public lives in fool's paradise and doesn't want to think rationaly.Where to go?
These generals who come on tv and say, dont critiicse tge army, jawans will get demotivated,are nothing but cowards. They hide their corruption behind the actions of troops on the front line, and when anything comes close to catching them out GHQ conveniently returns them to active service (NLC scam, Royal Palm Golf Club scam). Then we have to hear about the honour of Generals, which is apparently more holy than the constitution and country thet are supposed to serve.
There are times when you write I get the impression that you do so listening to possibly Tchaikovsky's 1812 overture and sipping your favourite coffee ( ? ) and get a bit carried away...................nothing wrong in that, possibly its even good but also stating some ground realities would help balance the picture.
We insult ourselves as a people; we do not need anyone else to insult us.