Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
“This is a diversion tactic from the clashes in Rawalpindi,” Musharraf’s lawyer Ahmed Raza Kasuri tells The Express Tribune. “You will see in a few days that nothing will happen.”
Kasuri maintains that Musharraf alone cannot be held responsible for the events that led to the enforcement of emergency rule in Pakistan in November 2007. “From governors to the corps commanders, the court will have to summon hundreds of people who were involved,” he says. “In fact, why start with 2007? Why not start with the 1999 coup which was validated by the Supreme Court, or even Ayub Khan’s martial law in 1958?”
He went on to say that the emergency was justified as the former general suspended the constitution to save the state. “In 1971, when Bhutto tried to save the constitution, Pakistan was split into two. Musharraf chose to save the state over the constitution.”
The All Pakistan Muslim League (APML) information secretary Tariq Kaleem Syed reiterates this sentiment. “If this Pandora’s Box is opened, the names of many people will come forward. It will not be so easy for the government to go after him alone.”
Meanwhile, Minister for Information and Broadcasting Pervaiz Rasheed says that the government is acting in accordance with the apex court’s guidelines. “We have only filed our request after the Supreme Court directed us to do so. To say that we are distracting people from the Rawalpindi issue is not correct. Unfortunately, such things are almost a daily occurrence in our country. We are simply following the law. Musharraf committed a crime and the law must take its course.”
Had the government not made a formal request to the Supreme Court, Rasheed says critics would have suspected that a deal has been struck with Musharraf.
Published in The Express Tribune, November 19th, 2013.
COMMENTS (17)
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Judges should not take sides but hear the whole case, not sit there to punish Musharraf. If justice is done then the judges will see to the causes why emergency was necessary but if they are listening to the dictates of PMLN then they will only press for prosecution. That would be most unfair.
What a farse. Nawaz Sharif is hiding behind the SC pretending its the SC that is forcing them to try Musharraf. In fact the chief justice and nawaz sharif are in cahoots. Why was the supreme court so interested in forcing the government to try musharraf? Why not leave it up to the government to decide if they want to or not? Its a personal vendetta of Iftikhar Chaudhry and Nawaz Sharif - pure and simple. The law also stipulates that the mode of the trial will be determined by the parliament. Has Nawaz taken this to the parliament to decide? No, he has gone straight to the Supreme Court because they are in it together. There can be no justice if the intent is to settle a score.
Time for another coup. Things are not good in Pakistan. Someone must take a charge and settle the mess.
@Ahmed Ali Khan: brother secondly the word abeyance was added when 18th amendment was passed In 2009, abeyance word was purely legal according to that day Nov 3 2007
It is essential to examine,whether Musharraff act of Proclamation of Emergency on Nov 3,2007 was an individual act or whether, it was an act of the head of system of government ie 'state''.If Gen Musharraff,former President and COAS had received in puts and advise from concerned departments,agencies and constitutional appointments of the system of the government and acted accordingly,then the order of Proclamation of emergency is not an individual act carried out on personal whims.In fact the 'Order',clearly indicates,that the emergency was proclaimed based on consultation with the concrened.As per the constitution it was later validated by the then SC.Thus,it was an act of the then COAS/ President who acted on behalf of the entire system of government ie the state. If now the present government consider it, an act of 'High treason,it has to charge and put on trial the then system of government.That is the reason why the constitution stipulates that the act of treason will only be initiated by the government and it has to try all abettors/collaborators.The act of treason could only be committed,if the emergency declared was implemented.We know that the entire state apparatus implemented it.To make the act of treason complete,the present government has to charge and put on trial that apparatus,otherwise the act of treason against Musharraff is not sustainable.If the act committed by Musharraff as head of a government is based on previous legal precendence of running the government and is now considered treason',then all previous actions has also to be tried to avoid 'discrimination.That is why the cut off date mentioned in the relevant law is 23Mar 1956.In addittion,the government of the day has to consider implications of trying former head of state/ institution and all concerned on charges of treason.Lest it is later discovered that there is no one left to defend the country.Look before you leap,it is not an individual affair, it is matter of the country and state which is at stake.
The way the initiation of the case moves, it definitely smells RAT.Look at the speed the things are moving: 1. Letter from interior sec. to law sec. 2. Letter from law sec. to SC. 3. Instructions by CJ to all high courts to nominate judge and that too within 24 hrs.
Everything so far has happened within a short span of about 12 hrs.
Nothing moves so fast in a country except where revenge is the norm.
We want him President of Pakistan, NOW !!!
trial should start from when "Musharraf was in the air and when he landed, he was announced as a Chief Executive of Pakistan", he even didn't put any effort to take over the Government.
What about that gentleman who broken Pakistan into two pieces? Who was also a civilian Martiala Adminstrator. What about those politician have pledged Pakistan to IMF and World Bank? What about those politician who have billion of dollars in their swiss accounts? Will they also be tried. never........ only inshallah on a day of justice as we have belief.
They are looking for a bone where they know there is none.
@naeem khan Manhattan,Ks:
What are you talking Naeem? Its not about coup. They are talking about breaking the constitution in 2007. According to the article 232 if I am not mistaken the ruling govt can call for emergency. That is the reason the emergency declaration is signed by all the CM's, corp commanders etc. I have seen the signed document by myself. Only certain articles of constitution were in abeyance and on Dec 15 ie just after a month when things settle the emergency was removed..
I say the buck stops at Musharraf's desk, he was responsible for the coup and now should face the music. Eventually the government should bring those to task also who has abetted him in taking over an elected government with the barrel of gun.It is time that the ruling class start respecting and obeying the constitution of Pakistan.
Try Gen Mush because he was the president, army chief and head of the ruling party. He had total and dictatorial powers. The buck stops with him. How can we try the pawns and leave the king?