Sunday 28 July 2013

Why only Musharraf and Why Now?

Prime Minister Nawaz Sharif is bent on trying the former military Chief Pervez Musharraf for high treason for subverting the Constitution twice. But Shahbaz Sharif has made it clear that he will only be tried for November 3rd 2007 act in which he declared the emergency and suspended the constitution of Pakistan. On resistance, the 111th Brigade of Pakistan Army entered the Supreme Court and arrest all the seven judges of that particular bench included Chief Justice Chaudry Iftikhar.


Prime Minister Sharif said to the parliament, “Musharraf’s actions came under the purview of “high treason”. In 1999 Musharraf overthrew Sharif’s government but before that, Sharif started the saga while Musharraf was in the air coming back from Sri Lanka. Sharif ordered the commercial airline not to land in Pakistan, according to reports; plane didn’t have sufficient fuel to divert the flight. Pakistan Army learned the order by then Prime Minister and seized Karachi airport and allowed the plane to land.


That was the beginning of Mushrraf’s time. On October 14th 1999, he declared the state of emergency and issued Provisional Constitutional order (PCO). A large number of judges rejected to take oath under PCO but then Chaudry Iftikhar took oath and endorsed it with the order that Musharraf could only be allowed to remain in for three year. Because of that order Musharraf had to hold the referendum in 2002 which was strongly supported by Imran Khan, Fazul Rehman and Jamat-e-Islami.


Sharif has decided to try Musharraf under article 6, which says “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason”. Now 6(2) clearly state, “Any person aiding or abetting acts mentioned in clause (1) shall likewise be guilty of high treason.  6(2A) states “An act of high treason mentioned in Article 6 shall not be validated by any court including the Supreme Court and a High Court.” In the light of Article 6, if we analyze the situation of 1999 and its validation process by the Supreme Court then we can surely understand that why Musharraf is not being tried on 1999 act.


The whole institution of Army whose many officials are still serving the Army aided Musharraf in 1999 act then the person who endorsed the act and took oath under Mushrraf’s PCO is still the chief Justice of Pakistan and shall be guilty under Article 6(2A). Then Musharraf’s act of 2007; on which Sharif has decided to try him; had support of many politicians who are now sitting in the parliament under PMLN or PTI flags. If none of those politicians came forward with the resistance and resignation against the 2007 act means they were supporting it.


Then why were they accepted by the leaderships of those two parties and granted ticket to represent their voters in the parliament? Doesn’t this look like personal grudges against Musharraf by Sharif? Although opposition leader Khursheed Shah of PPP has supported the act with a fiery speech, then why didn’t they come forward with the action against Musharraf when they were sitting in the federal for last five year with the power in the executive branch?


Recently, Pakistan handed over the bodies of 10 foreign tourists to their homelands; which early investigation shows is the act of a terrorist group residing in mountain area. Jinnah’s residency was destroyed in Ziyarat and owned by BLA and on very next day of Ziyarat incident more than 10 female students were killed by terrorists in a blast which was owned by LeJ. KPK has badly hit by terrorism once again and Karachi is losing at least 10 lives everyday including the representatives of MQM. Country is facing the worse electricity shortfall with high inflation and unemployment rate, but before arrival in the office and after winning the election Sharif made it clear that country has no money in the account and load shedding can’t be controlled in months or even in year.


In such crises can Pakistan really afford the conflict among institutions like judiciary, Army and Parliament?  Now two questions arise; either Sharif government is not capable of resolving the real issues like economy and terrorism; or he is using government power for his personal vengeance?

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