The case for why General Musharraf is to be tried is unchallenging and easy. He abrogated the Constitution and this falls squarely within the parameters of Article 6 of the Constitution of Pakistan. All the talk, most of it legitimate, of aiders and abettors being tried and starting from the original sin of October 1999 does not obscure the fact that he abrogated the Constitution and whereas the time period covered in the trial can be extended, accomplices tried, how does any of this exonerate the Commando for November 3, 2007? It does not, the rest is mostly obfuscation. Kudos to Mian Sahib for attempting to try an ex-dictator. However, Mian Sahib and his enthusiastic cabinet members keep the tradition of going way past their mark. Exhibit A is the generally, eminently reasonable Khawaja Asif. Khawaja Sahib has maybe lost the memo. Newsflash: Khawaja Sahib you, sir, are in power, the tyrant is gone. It was hard to tell hearing snippets from the defence minister’s speech, one could mistake him for addressing a sitting dictator. Musharraf’s trial will be judged on how it ends and not what is said and however forcefully during pendency. If the Commando goes, for which there are reasonable betting odds, it will make a mockery of a lot mighty talk. General Musharraf should be tried, and tried in court — the media circus needs to end. The General should be extended the due process that he denied others.
The “Eighteenth Brumaire of Louis Napoleon” has another piercingly relevant insight; those who seek to learn a new language, out of habit, translate it back into the language they already know. The Pakistan Army has great command over one language, the language of force, the language of power. The army chief has responded to criticism with a thinly veiled threat. The morale of the soldiers should not dip; the army will defend its integrity, etc., etc. The 90s are gone (however, Mian Sahib is hard at work to bring them back). General Sharif, we are told is a “professional” soldier and is apolitical. Great news and confidence inspiring, with a minor caveat, the exact same phrase is used to describe every army chief in the recent history of Pakistan.
Side note: Why does the ISPR even exist? Why don’t the police or the district management group have PR wings? Shouldn’t the army route public statements through the ministry of defence? (Admittedly, bit of a problem, when the target of the army’s rage is the defence minister himself) Well, we are far away from seriously asking these questions and even farther from receiving real answers.
As Sharif versus Sharif is on the brink of unfolding, the state erodes one “non-combatant” at a time. Mian Nawaz Sharif’s stated position is that the trial of Musharraf is nothing personal and is being done due to the reverence and obedience the Sharif government has towards the Court. In these desperate times, one wants to believe the prime minister. However, one cannot reasonably believe him. It is the same federal government which has unilaterally decided to release TTP captives kept in prisons, we are not told the names or offences of the lovely gentleman from the TTP who now breathe the fresh air. Respect for judiciary and legal system 101 for the federal government: anyone legally arrested and sent to prison or under trial can only be released through the courts, and not on the whims of the interior minister, certainly in the absence of presidential pardons. There lies the problem. There is a fundamental hypocrisy in the posturing regarding Musharraf’s trial. Mian Sahib does not care about respect for judiciary and all that jazz. Mian Sahib has a history of taking things personally and so does the army.
The morale of the army will not or, at least, should not be shaken by the trial of General Musharraf, however, the unconditional and secret release of those who claim to have killed 50,000 of our civilians and soldiers will lower the spirits of the army and We, the people. The counterterrorism policy of the government cannot be to extrajudicially release prisoners and beg “our estranged brothers” for mercy. The army as the primary counterterrorism force has to be taken on board. On the flip side, the army has to stop threatening the elected government and channel the use of force or perhaps the threat of it, where it rightly belongs, against the militants.
Sharif versus Sharif is a zero-sum game and all of us lose in the end.
Postscript: The latest talk on the media is that former DG ISI General Pasha apologised to former president Zardari on Memogate and took the defence plea that he did it on the orders of General Kayani. (Sohail Warraich, in his television show, recently claimed former president Zardari had told him this). If this is true, public apologies and embarrassments and more are in order. Generals Kayani and Pasha will probably have something to say on it very soon. One not-so-glorious undemocratic moment during the previous government’s tenure was Mian Nawaz Sharif donning a black suit and patriotically marching to the Supreme Court as a petitioner in the Memo case. Mian Sahib was trying to score “patriotic” points and maybe re-establishing his reliability credentials to the army. Well, so much for all that. If this is proved, one would expect Mian Sahib to publicly and unconditionally apologise for being part (even if inadvertently) of the charade. My Lords will not be thrilled either. One recalls the embarrassing ordeal of three of My Lords waiting for the clownish Mansur Ejaz to show up, who did not find it worth his time. Again, if this is true, this is enough to sufficiently lower the morale and dent integrity all around.
Published in The Express Tribune, April 10th, 2014.
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COMMENTS (13)
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@Z H Hashmi: "....the only institution being strengthened is the Political Dynasties ; Bhutto and Mian Dynasties. Musharraf case is test case for Mian dynasty , lets see what comes out of it ? " . Nothing good will come out of it, except the general public's loss of faith in democracy ever taking roots in the country.
Great Article Saroop. Please carry on
Poor civil society and masses of Pakistan.Civil government at its best to confuse the 180 million under-nourished human resource. I wish democracy to succeed , but instead of strengthening the constitutional institutions, the only institution being strengthened is the Political Dynasties ; Bhutto and Mian Dynasties. Musharraf case is test case for Mian dynasty , lets see what comes out of it ?
This article is a disappointment. There is a misplaced sense of justice and a misplaced sense of patriotism.
The writer, for some very weird reason, is supporting Nawaz Sharif for trying an ex Army Chief? With all his foreign education, the writer is unable to sift right from wrong.
The writer cannot even understand that Article 6 does NOT apply in President Musharraf's case.
This case has no foundations.
Pakistan army is the defender of our country. President Musharraf served the army for 45 years, with integrity and honesty.
What has Nawaz Sharif done for the country? When you are able to figure that out, try to write an article on those (non) achievements.
Please go back to your books and read more to be able to swim out of the dark waters of ignorance and prejudice.
@excalibur: So you mean to say that the PM of Pakistan has no right to change the Army Chief?
What becoms very apparent is that both the armed forces and the politicians smell putrid and the people are having a hard time as to who smells worse....so it ends up as a Hobson's choice situation. The judiciary sadly present the classic picture of impotence.......and the people are simply disgusted.
The author rightly cites the existence of ISPR, why it exists? Other countries including India and Iran do not have their Army PR wings as far as google search goes...
The legal fact will remain that MUSHARRAF HAS NO CASE TO ANSWER ab initio. 1,For the ‘Original Sin’ of 1999 , Musharraf was in the air on a PIA commercial flight with 268 passengers when Nawaz hijacked the aircraft and cowardly replaced him with his loyal Gen Ziauddin as COAS but the army as an institution, through its corps commanders rejected that and took over , ensuring Musharraf as the COAS to continue.when he finally landed. 2.The November 2007 case is inert and void as holding the Constitution in ABEYANCE was never a culpable offence up untill 2010 when it was deliberately inserted as an addition to SUBVERSION & ABROGATION under the 18th Amendment with a mala fide intention of targeting Musharraf. For the charade to still continue, it s shameful for its perpetrators.Period
Musharraf's trial should not be confused with that of the army. The act of an 'individual' is the matter of trial. That person is a retired general and now head of a political party. It doesn't even make sense to say that army is being tried. Even if the coup of 1999 is made part of the trial, it won't make any difference. The verdict that gave 'legality' to the 1999's coup can simply be reviewed. As far as political leaders are concerned i.e. PML(Q), well they took part in elections and came into power through public support. So they are exonerated as well. As far as the comments from cabinet members are concerned, they are uncalled for and they should refrain from making such statements in public. The matter should be decided in court and there should not be any media trial.
My basic understanding of law or justice (or fairness rather) in this particular case is that Musharraf can not be tried alone and definitely not for 2007 emergency rule over 1999 military coup.
If Nawaz truly wants justice then not only will he have to open the '99 takeover but also re-open Ayub, Yahya and Zia takeovers (esp Zia's because his coup was after the passage of the 1973 Constitution).
That would hence mean hanging Nawaz and his cronies along with Musharraf's "aiders and abettors"!
"Pakistan Army has great command over one language, the language of force, the language of power." They have only used this force against innocent civilians of Pakistan who actually pay for all their largesse and perks. A poor country raising and nurturing a huge army with colonial mind.
Musharraf's case is easy only in the minds of certain lawyers. When did Musharraf abrogate the constitution? Not in 2007 when he held sections of it in abeyance which was not unconstitutional at that time. That is what is in front of this court to decide. When the constitution was clearly abrogated it was in 1999, but that is conveniently not on trial because it implicates these lawyers friends as well. With the special court stacked with judges who are proven anti-Musharraf (what with the illegal disqualification from elections as an example), who yet shamelessly refuse to recuse themselves, no wonder the military sees it as an attack on its honor. Justice and the constitution requires equal treatment, hugging and ignoring those who made the military rule possible while targeting the General, what would any sane mind conclude? Same as what the new Sharif in town does now.