In countries like Pakistan, where the basic parameters of governance and power management are not fully shared by the key social and political players and personal and partisan considerations are high, the dominant elite tend to spend considerable energy in rectifying what they view as wrongdoings of the past. They want to force a judgment of their choice on history.
In Pakistan, society in general and the rulers in particular, cannot get over their past. They seek the solutions of the present and future problems either by strictly sticking to the past or by rectifying what they view as injustices of the past rather than addressing the problems of the present time. Some want to settle the scores of the past by pursing the retribution theory of punishment, making a horrible example of the adversaries of the past.
When Nawaz Sharif assumed the office of prime minister as the PML-N leader, there was a lot of hope that his government would ensure better governance and address the socio-economic problems of the people. This was based on the promises that the PML-N leaders made to the voters. They vowed to replace what they described as the corrupt, inefficient and directionless PPP government and that they would assign a high priority to addressing the problems of the economy, electricity and gas shortages, law and order and terrorism, and seek respect in the international community.
The new federal government soon realised that it faces a graver crisis of governance and politico-economic management than what it had thought before coming to power. While its political agenda was getting tampered with by political and economic realities, the PML-N government decided to initiate high treason proceedings against former president Pervez Musharraf. Two days later, the federal government announced that it was exploring the option of reviving the money laundering cases against the sitting President, Asif Ali Zardari, whose presidency is coming to an end in early September 2013.
In purely constitutional and legal terms, there appears to be a case of high treason against Pervez Muhsarraf. The federal government can advance many arguments to show that it was pursuing a constitutional obligation and that a government with a strong popular mandate must prosecute Pervez Musharraf to deter other generals from engaging in political adventurism.
It is naive to think that the Musharraf treason case can be kept as a purely constitutional and judicial matter. It is bound to have political implications because it relates to the politics of Pakistan. Currently, most political parties are supporting the government on this issue. However, as the case proceeds and its political fallout unfolds, this support will dwindle. Every political party will respond to the case proceedings from the point of view of its partisan interest.
The PML-N has already lost the support of the PPP by threatening to reopen the money laundering cases against President Zardari. This will lead to an open confrontation between the two parties which will be a new front in addition to the PML-N’s fight against Pervez Musharraf.
The federal government needs to satisfy the political circles and domestic and foreign observers on three counts. First, Nawaz Sharif was dislodged from power in a coup staged by General Pervez Musharraf in October 1999. Nawaz Sharif was also convicted of hijacking by a special court while General Musharaf headed the military government. Does this not create a personal reason for the PML-N to pursue the high treason case?
Second, a number of judges of the Supreme Court were adversely affected by Pervez Musharraf’s actions on March 9, 2007 and November 3, 2007 when they became non-functional temporarily. Is this background relevant today?
Third, why is the constitutional provision of high treason being applied only to the November 3, 2007 incident? The amended Article 6 by the Eighteenth constitutional Amendment provides a basis to take up the coup of October 1999. (Perhaps, the 1977 coup as well). Will the high treason case be confined to Musharraf only or will those aiding and abetting also be taken into account?
The domain of the Musharraf case is expected to expand and disturb in more than one way, the delicate civil-military relations. The military will be perturbed if the case becomes an opportunity for the political elite and media to malign the top brass or if some serving and retired senior officers are dragged in the case.
Any disturbance in civil-military relations will be destabilising. During the PPP government’s tenure (2008-2013), the controversies on the Kerry-Lugar-Berman Law (September-October 2009) and the Memo issue (2011-2012) show that if tensions develop between the military and the civil government, the latter faces serious difficulties. Many political and societal forces increase their opposition to the federal government or side with the military.
The political future of the PML-N government will not be determined by the conviction of Pervez Musharraf and the reopening of the cases against President Asif Ali Zardari. What matters most for the political future of the PML-N is its performance as the federal government in terms of reviving the faltering economy, overcoming electricity and gas shortages, coping with the escalating violence and terrorism and the delivery of civic services to people.
The latest heavy mandate of the PML-N is going to be relevant up to December this year. Beyond that, the legitimacy of the PML-N federal and Punjab governments will be determined by their performance. Therefore, the PML-N should conserve its political energy and focus it on serving the people rather than fighting wars of the past. Let history pass its judgment on Pervez Musharraf.
Published in The Express Tribune, July 1st, 2013.
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COMMENTS (25)
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@Munna Bhai: Grow up munna and accept the truth, because your attitude is no different than Modi's.
Mr. Rizvi, I disagree completely. Please tell me of one instance where blunders of the past that we have swept under the carpet of history have passed judgement on anyone. Do our youg people know what happened in East Pakistan, leading to its separation in 1971? Has history punished all those who were accountable? Sorry, but enough is enough. If someone violates the constitution (rules by which we all live by) then they have to be accountable. Period.
@Candid1: You are as crazy as Hafiz Muhammad Saeed, chief of Lashka-e-toyoba ala Jamaat Ud Dawa to say what you said!
The fact that enemies of Pakistan are wishing to see Musharraf hanges proves that he was good for country and Pakistanis. Similarly these enemies are wishing Nawaz Sharif well, because he is ready to sell out Pakistan to India.
Musharraf committed larceny and wants to be applauded for that. He takes the nation as a bunch of goofs. It is he who did not accept that the game was over. Well then, the show must go on.
The author's assumptions are surprising biz. "The judgment of history comes slowly but it is a fairer and more enduring evaluation than the one given by the people in power." and "They want to force a judgment of their choice on history." This case is going to be decided by judiciary and not by "people in power" who will only present evidence before the judiciary! They can't force a judgement of "choice". It is the judiciary that will hear both sides and give a verdict. So this article is based on grossly wrong assumptions!
Musharraf double-crossed his own country, its constitution, he double-crossed Taliban both the original & its Waziristan branch, its Government in Afghanistan that Pakistan recognised, he double-crossed Bush by providing 'safe house' to Osama near PMA in Abbottabad. He allowed drone attacks which meant allowing frequent & regular violation of Pakistan's sovereignty! So I am surprised when I see Pakistani people expressing sympathy such a dictator, who was almost as bad as Zia!
I agree with the author. Pakistan's govt first priority is to fight the menace of terrorism. If Mushraaf is to be tried for high treason, then all the political leaders in west wing that waged war in 1971 should be tried and executed. They committed worst crime against Banglaees.
Wow! Closet Musharaff supporter comes to the fore.
Faraz Khan, The Musharraf trial will not bring the country to a standstill but it has the potential to destabilize the democratic government. Hanging a dictator will not put an end to military intervention, a strong democratic dispensation will. Our politicians are too divided to put their collective weight behind the government in this case. Wisdom rather than bravado should prevail.
I'm no apologist for President Musharraf and neither wish defending him. Did he commit a crime as grave as 'High Treason' ? most likely he did. Let him be judged, but not him alone. Let's clean the mess, once and for ever, let's get rid of them all. All these thugs of various hues and shades who took us for a ride for 65 long years must be liquidated under the same Article 6 of our constitution that prescribes punishment for President Musharraf. Let's unite as the victims of their excesses and go after them ----- "¡Que se vayan todos!" ------"All of them must go!" ----- let's force them all out forcefully.
A favorite excuse of Musharaf apologists is: we should focus on economy now. people need jobs and security.... The question is: will a trial against Musharaf bring the country to a standstill? Will it stop ministers and bureaucrats to work on the issues of common people? The sky will not fall if Musharaf is tried for his crimes. Not even on those who attribute divine status to the former dictator.
There is Principle and there is Expediency. Which have the verdicts of history generally been kinder to?
Considering Musharraf's action of 2007 as treason and not pressing charges for his 1999 coup is perplexing. Asma Jahangir in her recent interview, gave an apt example that it amounted to not registering an FIR against someone who enters your house and takes illegal possession but you press charges when he opens your fridge and eats an apple.
There are crimes and misdemeanors for which there are lighter punishments. Then there are most egregious crimes like multiple murders and acts of high treason which are the worst crimes. Small mistakes and wrong steps can be forgiven, ignored or left for electorate or history but not the most serious crimes against the nation and constitution. Nobody has a right to forgive such serious crimes and obstruct justice. No wonder most powerful people in Pakistan do not care about the laws of land. The irony is those same people who are against the immunity of elected leaders (universally accepted) want to pardon Mush!
@Alucard:
"History will pass judgement indeed….that Pervez Musharraf was a great leader and that Pakistanis were fools for not supporting him…."
No. He was not a great leader, but only marginally better than the current lot of greatly inapt and corrupt demagogue politicians. In fact, he damaged the country more than he benefited, just to remain in power. This was his, and all other dictators for that matter, inherent weakness due to lack of legitimacy that he was willing to do anything to remain in power, and in course he followed such policies to appease foreign powers to get their support for his rule which ultimately proved fetal to the national interests of Pakistan. He is one of many, if not the only one, responsible for most of the mess Pakistan is currently in.
@Faraz Kakar:
In Pakistan neither Judiciary nor any political Parties (except Imran khan so far) has any credibility. All were involved in different kinds of crimes. So giving punishment to any single individual is not right. There should be two posibilities now give a general emnesty to all from a certain date. In the case of Musharraf the cut-off date is when SC passed the judgement about the NRO ie July 31, 2009 (something like that). If any crime happened after that and it comes in the news then it will be right away take action against that person. The trial of Musharraf in the present form will involve too many people. Lot of people will be dragged in and it will not be in anybody's interest. We have to focus on our economy first which is the backbone of the country. To make this backbone strong we have a huge problem of law and order. PPP did not do much and it has gone out of hands and the govt of the provinces esp Karachi (financial hub of economy) should use all their resources to bring back the confidence of people to revive our economy and prosperity. This will bring to the benefit of the common people and the govt was given vote for that agenda as well.
Historys Judgement need not replace a legal veridict ++++++++++++++++++++++++++++++++++++ Otherwise Law would be defunct.
History will pass judgement indeed....that Pervez Musharraf was a great leader and that Pakistanis were fools for not supporting him....
Selective justice is worst than no justice at all.
General Musharaf violated the constitution and detained the judges of the Supreme court illegally for months. It is not very difficult to understand that it is a crime. The learned author should stand for a principle rather than lecturing us on ''Nazarya e Zaroorat''. Pakistan is facing multiple challenges. It requires intellectual honesty as much as good governance and security.
I would have dismissed this line of argument had it come from mush's direct or indirect backers. Dr. Rizvi has thrown his powerful intellectual backing to something that is hard for people who would love to have a dictator tried for high treason once and for all. It is very hard for these people too, to see the misery of common Pakistanis in the form of power shortages, high unemployment and terrorism. While Musharraf and others before him and their collaborators need to be punished, Dr. Rizvi may be right in saying that we should let history pass its judgement. Good article!
If history alone is enough to pass judgment, better close all courts. Why waste money ? Putting commando on trail is important not only for Pakistan but for India too. This man has blood of so many poor soldiers on his hands. let the courts decide as per the merits of the cases and not through these opinion columns.