On Sunday, November 17, a little over six years after the fact, Interior Minister Chaudhary Nisar announced that the government will proceed against former president General (r) Pervez Musharraf on charges of treason. This has simultaneously attracted the indignation of political rivals and caused new cracks to appear in the already strained relations with the country’s powerful military, especially at a time when a new army chief is supposed to take over.
“This move puts the new COAS in a very difficult and awkward position,” says prominent defense expert and retired three-star general Talat Masood. “Pakistan is facing a multitude of other challenges worth pursuing. This ill-timed decision shows either a complete lack of focus, or a complete abundance of confusion in the federal government.”
Musharraf enjoys apparent indemnity from the parliament for his actions in 1999. However, the removal of judges of the Supreme Court and suspension of the constitution on November 3, 2007 is not protected. On July 31, 2009, the Supreme Court found that the November 3 actions were a violation of Article 209 of the constitution, and Musharraf was declared a usurper. The federal government, then led by the PPP, refused to proceed with the case in April 2013. If the state now proceeds with the case, Musharraf will be tried for treason under Article 6 of the constitution.
Musharraf’s only hope is the article’s second clause, which states, “Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.” This is the proverbial Pandora’s Box that if opened, will implicate high-ranking military officials, prominent politicians and members of the civil society.
Legally, Musharraf will have no option but to go through the trial. Senior Supreme Court advocate Salman Akram Raja argues against the stance of Musharraf’s lawyer Ahmed Raza Kasuri. Kasuri has said on multiple occasions that if this case is to be pursued, then older cases, such as the original 1999 coup, and even the 1958 actions of General Ayub Khan should be reexamined. “The argument could be made that [these] are two distinct crimes and the government is focusing on the later because it is the clearer case. There is nothing legally wrong with this. No accused can plead an earlier crime in his defense. If Musharraf receives life imprisonment in the November 3 case, it would obviate the need for the other trial.”
Earlier in the week, the interior ministry wrote a letter to the law ministry, which has in turn forwarded it to the Supreme Court. The chief justice, Iftikhar Muhammad Chaudry, a man who became the focal point for national unification both for opposing Musharraf’s rule and the historic lawyer’s long March in 2009, has selected three judges from a pool of five, one each from the five high courts of the country. As of Tuesday, this special bench has also been approved by the prime minister.
There is no prior precedent for a high treason case in Pakistan, much less for prosecuting a former general and president. By all accounts, the case will move forward, and the resulting media frenzy is firing on all cylinders. The crime is punishable by death, and the punishment will be determined by the parliament, if the special bench finds Musharraf guilty.
November started with a US drone strike that killed Tehrik-e-Taliban Pakistan’s chief Hakeemullah Mehsud. Jamaat-e-Islami’s leader, Munawar Hassan, said Mehsud was a martyr and Pakistani soldiers fighting against the Taliban were not. The lack of an immediate and hardnosed response from the government ruffled quite a few feathers at the GHQ. The government also has yet to share a consolidated national security strategy.
Dr Hassan Asraki Rizvi, one of the most respect civil military experts in the country, is very concerned about the impact of this trial. “The armed forces, by the nature of their existence, cannot operate in a state of ambiguity,” he says. “The army is already quite unhappy about the lack of a well-defined counterterrorism policy by the government. Pursing this trial in the midst of all this will adversely affect civil-military relations.”
[quote]”This is too big a decision to simply be a response to the sectarian violence in Rawalpindi”[/quote]
Some experts postulate that this was a kneejerk reaction, a panicked response at a time when the administration was besieged by a myriad of issues, to show that the PML-N is committed to delivering on its promises. The latest of these was an episode of sectarian violence in Rawalpindi, which claimed the lives of nine and injured another 50.
“This is too big a decision to simply be a response to the sectarian violence in Rawalpindi,” says Salman Akram Raja. “One would hope that some serious thought and consideration went into pursuing this case at this stage, and that it was not a decision taken in state of panic.”
Federal Information Minister Pervaiz Rasheed argues that the government is merely following the law, in accordance with the apex court’s wishes. “Musharraf committed a crime,” he said in a public statement, “and the law must take its course.”
Talat Masood is not impressed by the political rhetoric. “There should a clear mandate, a crystallized sense of purpose for why the government is suddenly pursuing this case,” he says. “If it is to ensure that we put an end to the selective application of law, and it leads to strengthening democracy and state institutions, I am all for it. But that very clearly does not seem to be the case here.”
The author is a journalist and a development professional, and holds a Master’s degree in strategic communications from Ithaca College, New York.
Email: zeeshan[dot]salahuddin[at]gmail[dot]com
Twitter: @zeesalahuddin
Inshallah sir Pervez Musharraf will prevail. These tyrants and proven criminals should be the ones that should be charged for Treason,Pervez Musharraf saved Pakistan Strategically. These opportunists and idiots will soon meet their fate.
Every time this PML N came in power they did some gross Nonsense, instead of doing some good to people, that is why they are called N. Since the time they came in power, the Prime Minister of Pakistan is bussy in despatching and settling his personal financial effects abroad, on goverment expence, while his aidies are bussy propagating against his domestic enemies like Musharraf and outsiders i.e. American drones, to cover the the absence of their lord.
In 1976 our agencies picked up an Intelligence Appreciation of Russian Army, which concluded, “To break Pakistan break Pakistan Army”. Since then all these gangsters turned politicians, including ZA. Bhutta, started a combined effort to humiliate, degrade and isolate Pakistan Army, being the only force to apprehend their plundering. They did their best to arouse general public hatred against Army, through black propaganda, to save them from military take over. Bhutta even tried to raise a parallel army as FSF (Federal Security Force). That precedence is being followed by the rest in different manners. I remember Sharif running behind General Zia like a pet. His in borne inferiority complex emerged, when he made a Premier, he couldn’t pull along well with General Kakar, General Jahangeer Karmat and finally locked horns with General Musharraf. The reason couldn’t be nothing but asking their obedience at cost of country’s interest or just their humiliation. Why Sharif did give extension of service to General Musharraf? Why couldn’t Sharif wait till Musharraf completed his extended service? If at all he wanted to remove him, why should he do it at a time when General Musharraf was abroad or in the air? Telling pilot not to land his plan in Pakistan at the time when he was short of fuel and discretely taking General Abbasi to TV station to decorate him with his new rank, without following the prescribed procedure of promotion. If you take the view of the whole scenario, it amounts to nothing but stupidity of highest order and an ugly effort to break the systems of the only well organized institution of the country. Had Sharif succeeded in his effort General Abbasi may had either been killed by the common soldier or Army would have become another Police force in Pakistan.
General Pervaiz Musharaf, is a bold leader who has virtually been abandoned by his peers unfortunately.They all were then with him to uphold the decision in larger interest of the Country but now all including certain big wigs are timidly silent. Its nothing but shame ! He is standing tall in his own way and that matters indeed. He like all other leaders, must have committed certain mistakes but how about his services he rendered to the Army and this Country ! Be open hearted to acknowledge his good work as well. We commend you General for all your strength and steadfastness.