Daily Times

The voters manifested their trust in Prime Minister (PM) Nawaz Sharif in the recent elections. Prior to the elections, Sharif sold himself as a mature leader who was not seeking power for selfish motives, especially not to seek vengeance against his rivals. Most of us believed in his new-found wisdom and that he had matured, learning from his shortcomings in the past. Recent developments, however, provide evidence to the contrary. Sharif has already started showing signs of his former self of the 1990s when he became PM twice, both times frittering away the opportunity due to his egotistical attitude, whimsical actions and, of course, a series of unfortunate events beyond his control.

One can only wonder what the rationale is behind Sharif’s decision to try former president and coup-maker Pervez Musharraf for high treason under article six of the constitution at this point of time. One reason might be to distract the opposition parties and the general population from the issues that hold more relevance and actually affect the masses in everyday life, such as the inflation induced by the tax-heavy budget or chronic energy shortages. This can be a viable explanation as all parties were expected to develop consensus on trying an ex-military dictator, who had subverted the constitution and sacked the superior judiciary, by taking a principled stand. However, Attorney General Muneer Malik’s revelation of a second ‘secret’ Swiss letter and the government’s subsequent attempts to reopen graft cases against Pakistan People’s Party (PPP’s) leader and President of Pakistan Asif Ali Zardari refute this hypothesis, as increasing hostilities with the main opposition party at the Centre will only hurt Sharif’s government’s ambitions of building consensus on national issues.

Considering Sharif’s previous two stints as PM, one cannot help but be reminded of the political victimisation that took place during that time. Even the graft cases against President Zardari that his government plans to reopen are a product of the notorious Ehtesab Bureau, the highly politicised accountability entity later replaced by the National Accountability Bureau. It seems as if Sharif is continuing from where he left off. This déjà vu is almost scary as the Musharraf trial might lead to another standoff with the military, which last time resulted in the military coup of 1999. The military under General Ashfaq Kayani has largely distanced itself from politics but still holds significant sway, especially in foreign relations and internal security of Pakistan. Especially in the year when the army chief Ashfaq Kayani’s successor has to be appointed, one is forced to wonder what may happen if the army feels it is being threatened by the Sharif government or if senior military officials are dragged into the investigation of cases involving Musharraf.

There is no question that Musharraf’s actions of declaring an emergency in violation of the constitution on November 3, 2007 and later sacking of the superior judiciary were illegal and completely unjustifiable. However, it is impossible to look at this incident alone as Musharraf’s previous actions of overthrowing a civilian elected government in 1999, temporarily suspending the constitution, electing himself as president while being the army chief, simultaneously were illegal as well (in addition to many others). The only difference is that his previous actions were validated by the politicians and condoned by the judiciary at that time. Many of the politicians who were in the erstwhile ‘King’s Party’, which lent full support to Musharraf, are now part of the PML-N, the party in power. Moreover, the honourable Chief Justice Iftikhar Muhammad Chaudhary himself previously took oath under the Provisional Constitutional Order 1999 and validated the acts of Musharraf under the infamous ‘doctrine of necessity’. These unsavoury facts make Musharraf’s trial that much more complex as the role of all those individuals who previously supported him and are now demanding that he be tried will come into question.

Unfortunately, politics in Pakistan is based on convenience rather than principles. Loyalties are fickle and the most successful politicians are those who are the most opportunistic. The founder of Pakistan’s People’s Party (PPP) Zulfiqar Ali Bhutto gained recognition by serving as a minister in a military dictator, Ayub Khan’s cabinet. Moreover, he was also propped up by some Generals against General Yahya Khan to become the first ever civilian martial law administrator. Similarly, Sharif was nurtured as a politician by General Ziaul Haq. He served as the chief minister of Punjab in Zia’s regime. Furthermore, the conservative ideology of his party PML-N can be traced back to Zia’s right-wing politics. In this regard, those politicians who supported Musharraf by being part of his King’s Party and have now switched loyalties are no different from the two leaders mentioned above. What does not seem to change is the dispensation of victor’s justice. Whoever is in power uses the state machinery and the judiciary to pillory opponents, whether it be through corruption cases, murder cases or what now seems to be a new addition: high treason.

As both the PM and Chief Justice were sent packing by Musharraf and were personally affected by his actions, there will be a looming question over the impartiality of Musharraf’s trial. Theoretically it seems very appealing to try a military dictator who repeatedly violated the constitution and to set a precedent that discourages any future involvement of the army in political matters. However, the timing of the trial is questionable. A lesson or two might be learnt from Turkey’s example. Turkey too has passed through many years of military dictatorship. Recep Tayyip Erdogan’s government until recently (2010) was successful in reducing the influence of the Turkish military by trying the surviving generals who were responsible for the violent coup in 1980. However, this was done after a referendum was held in which the Turkish people approved the proposition that former coup-makers should no longer have immunity from being tried in civilian courts. Erdogan was also helped in his cause by his economic reforms due to which Turkey’s economy saw unprecedented rapid growth and made him popular amongst the masses. Pakistan, however, is mired in a multitude of problems. The menace of terrorism does not seem to subside. The economy is on life support, dependent on foreign debt. Pakistan’s democracy has just started to gain strength as the outgoing PPP-led government, as unlikely as it seemed, was the first civilian government to complete its five-year tenure. In such a situation, one wonders if pursuing a high treason case against Musharraf should be high up on the new government’s priority list.

The writer is an intern at Daily Times