History is a continuous process of record making but there are landmarks to remember. Individuals show character in unusual circumstances and show what metal are they made of. In the words of Martin Luther King Jr, “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” Such a moment appeared in Pakistan’s history on March 31, 2014. This was the date when Pervez Musharraf, the former president of Pakistan and also the former chief of army staff, was asked by a court to appear in person in the case instituted by Prime Minister (PM) Nawaz Sharif’s government against him for his violation of the constitution of Pakistan. It is not appropriate for me to comment on the validity of the case because I expect the court to decide that. I do not appreciate the people, particularly the politicians and their supporters in the media, who keep commenting while the case is in the court. Such comments are tantamount to influencing the judges one way or the other.
On March 31, Pervez Musharraf was in the hospital under treatment. His doctors did not permit him to take the risk of appearing in court. His legal team also advised against it so strongly that they refused to appear. This was a test for Pervez Musharraf. He as an individual took the decision to appear in court. He did so at the risk of his life. He appeared in court because of his belief in his innocence. His action is a landmark in the history of Pakistan, especially so because the dictator General Ziaul Haq had, in the late 1970s, openly said that the “constitution is a bunch of papers, which can be torn to pieces”. In total contrast, Pervez Musharraf bowed before the constitution and law. In his short statement, he denied the charges against him and also made it clear that he is not a ghaddar (traitor), saying that he has been true to his oath and had risked his life several times in the defence of Pakistan. March 31 will also go down in history as a day of landmarks because the bench of judges in the court also rose to the occasion and clearly showed their resolve to uphold justice. It seemed, after a long time, that justice may appear to be done.
The judges reciprocated and confirmed that the case is not of ghadari (treason) — even the prosecutor endorsed this — and the bench removed all restrictions on the movement of Pervez Musharraf, allowing him to travel inside or outside the country at will as his constitutional right. The bench also exempted him from appearing in the court. The grace and dignity shown by Pervez Musharraf was reciprocated in equal proportion by the bench. This is the measure of great men, both the accused and those on the seat of justice. Great decisions are made by men of great character who do not bow to maslehat (circumstances) and behave with honour and dignity even at great risk.
The court then provided an opportunity to the Nawaz government to stand up and reciprocate the example of honour and dignity that was established in the court on March 31. Some people use the cliché that the court threw the ball in Nawaz’s court. I believe it offered a great opportunity for Nawaz and his government to act equally gracefully and earn the respect of the nation by removing the name of Pervez Musharraf from the questionable Exit Control List (ECL) and letting him travel to meet his ailing mother who is 95 and in a Sharjah hospital in emergency condition. There was every reason to do so because the court had clearly supported the constitutional right of freedom of movement for Musharraf. The court had also said that he was not required to appear before it. On top of that, there were grounds for humanitarian or compassionate release. Also to be remembered is that Musharraf assisted Nawaz Sharif in visiting his ailing child in London and for the PM’s brother, Shahbaz Sharif, to get treatment elsewhere. They were issued passports on a priority basis and contrary to the understanding between Pervez Musharraf and their Saudi guarantors, the Sharif brothers were allowed to travel to Europe and the US.
In view of the background stated above, it was generally believed that Nawaz Sharif would rise to the occasion. That he would read the signals of the court and public sentiment and issue immediate orders for amending the ECL and letting Musharraf take the journey he needs to take. Thereafter, the PM could proceed to attend to other matters of extreme national importance, but this was not to be. A section officer of the interior ministry sent a brief letter of refusal to remove Pervez Musharraf’s name from the ECL without giving any convincing, specific reason. This refusal reflects the strength of character of the man currently occupying the position of the prime minister of Pakistan. There can be excuses made that the PM’s political party did not agree. However, it is also known that the two most influential members, Shahbaz Sharif and Ishaq Dar were in favour of removing the ECL restriction. Nawaz Sharif seems to have succumbed to those who cannot rise above their personal grudges like Khawaja Saad Rafiq and Khawaja Asif. It was an opportunity to show character, to let justice take its course, and to rise above the ordinary. To quote Plato: “The measure of a man is what he does with power.” Where does Nawaz place himself?
The writer is the former CEO Pakistan National Council of the Arts; chairman Fruit Processing Industries; chairman UNESCO Theatre Institute Pakistan and COO ICTV, USA. He is the author of Melluhas of the Indus Valley 8000 BC to 500 BC. He can be reached at naeemtahir37@gmail.com
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