Daily Times

Our very own Caesar, the once upon a time president of Pakistan, general (retd) Pervez Musharraf, orchestrated a military coup in 1999, dissolved the parliament, declared a state of emergency and took the reins of power from his boss, the elected prime minister of Pakistan.

He issued a Provisional Constitutional Order as a result of which the Constitution of the Islamic Republic of Pakistan was suspended.

The Supreme Court of Pakistan led by then chief justice Saeeduzzaman Siddiqui validated the martial law under the infamous “doctrine of necessity”.

Although, a year later, Justice Siddiqui had a change of heart and realised that the coup that he had earlier validated was actually a “violation of the constitution” and subsequently resigned. However, he vacated his position only to be replaced by then acting chief justice Irshad Hasan, who wasted no time and legalised the coup.

This was the fifth time a Pakistani general had overthrown an elected government. Unfortunately, the institution obligated to preserve, protect and defend the constitution has always been used as an instrument to facilitate the dictator and legalise all his illegal actions.

No matter how adamantly one supports Musharraf, his treasonous act towards the state cannot be justified. As Brutus said, “Not that I loved Caesar less, I loved Rome more”. Our blind support for an individual, be it a dictator or a politician, must not overshadow our loyalty to Pakistan

“Dictatorship naturally arises out of democracy, and the most aggravated form of tyranny and slavery out of the most extreme liberty,” said Plato. There is not a shred of doubt over the fact that the national political system is plagued and contaminated.

In 2013, a special court was established for Musharraf’s high treason case under Article 6 of the Constitution, read with Section 3 of the High Treason (Punishment) Act 1973 and Section 5 of the Criminal Law Amendment (Special Court Act) 1976.

Yahya Afridi, Hon’ble Chief Justice of the Peshawar High Court, who also recently reclaimed himself from hearing this case, had replaced the bench consisting of Justice Faisal Arab of the Sindh High Court. Reports of Musharraf’s arrival spread fast when the special court issued orders to the Ministry of Interior to arrest him and seize all his properties and bank accounts. Moreover, the court directed the government to suspend his national identity card as well as his passport if he fails to co-operate. The Supreme Court reversed this decision just recently, giving Musharraf a clear ground to return.

The trial of high treason aside, the allegations of murder, of Nawaz Akbar Bugti and Shaheed Benazir Bhutto, are also a part of the picture. When an ordinary proclaimed offender is not given any relaxation or any special treatment under the law, then why is Musharraf being given special treatment? A fair trial should be initiated against him, as is initiated against any suspect of murder under Section 302 of the Pakistan Penal Code. Perhaps, the Election Commission of Pakistan (ECP) could also be reminded of the referendum and the rigged 2002 elections. Furthermore, on November 3, 2007, when Caesar again declared an emergency; how could the judiciary let that go unpunished? Almost a decade later, we as a nation have never learnt from history. Since the masses have accepted the judiciary as their Baba Rehmat (wise old man), it is now for Baba Rehmat to decide where will they lead this nation from here. Today, the three-member bench has the chance to end this menace once and for all.

If our esteemed court can disqualify and sentence elected representatives of the masses under Article 62 (f) of the Constitution, on the grounds of unrighteousness and dishonesty, how should the man who dared to suspend the sacred constitution be punished? I have not forgotten the Lawyers’ movement, and how black coats took to the streets in response to Musharraf’s actions on March 9, 2007, when he unconstitutionally suspended the former CJP. I have not forgotten how they fought for the restoration of the judiciary and the rule of law in Pakistan. The former president needs to face the music, too.

Just recently, our courts did sentence five senior police officials to jail on charges of manhandling Iftikhar Chaudhry, but what about the man who orchestrated the whole operation, who gave the orders, suspended the constitution, violated his oath? What about the man who suspended and placed Iftikhar Chaudhry and other judges on house arrest?

Dictatorship is not the answer to any of the million problems that a nation faces. In order to rise as a developed, democratic nation, it is essential for the rule of law to work effectively. Under the concept of the rule of law, the judiciary, executive and the parliament, all three limbs of the government need to exercise their powers effectively within their respective jurisdictions. The armed forces, being part of the executive under Article 245 of the Constitution 1[(1)] “under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.’’ In the recent judgement of Air Marshal (retd) Asghar Khan v Gen (retd) Mirza Aslam Baig PLD 2013 SC 1, where the court interpreted Articles 243(1), 244, and 245(1), “a soldier, therefore, is obligated to seeing that the Constitution is upheld, it is not abrogated, it is not subverted, it is not mutilated. If a member of the Armed Forces does any of the above acts or any other similar act, he violates his oath and renders himself liable to action under and in accordance with the Constitution and the law…”

The military’s intervention in the jurisdictions of the parliament or judiciary has always resulted in catastrophe. It is the job of the special court to adopt exemplary measures and put an end to this cancer once and for all. Democracy means the rule of people and as Winston Churchill said, “Democracy is the worst form of government, except for all the others.” It may be the worst form of government, but so far, no better mechanism of governance has been discovered.

How did the former dictator flee the country using the medical treatment excuse? No matter how adamantly one supports Musharraf, his treasonous act towards the state cannot be justified, as Brutus said, “Not that I loved Caesar less, I loved Rome more’’. Our blind support for an individual, be it a dictator or a politician, must not overshadow our loyalty to Pakistan.

The writer is a student of law at the University of London

Published in Daily Times, July 10^th 2018.