Daily Times

The Islamabad High Court (IHC) this week deferred hearing a petition filed by former President-General Pervez Musharraf. The latter had last month challenged the judicial order requiring a special commission to be established; travelling abroad to record his statement in the ongoing high treason case against him. On the grounds that any such moves would be unconstitutional.

At play here are numerous ironies. The primary one being that the one-time military strongman came to power by means of overthrowing an elected government. Before proceeding to abrogate the Constitution some eight years later; having juggernauted his way on a dangerous collision course with the judiciary. And now he is lecturing the courts on what violates national laws.

Bluntly put, this game of cat-and-mouse will not end well. Musharraf is, after all, suffering from extreme ill health. That much is understood. As is the fact that this makes it impossible for him to return to the country to face due process. That being said, the current Chief Justice of Pakistan (CJP) has been most accommodating. From pledging to personally receive the former Army chief in the Supreme Court to assuring him that he would not immediately be arrested upon setting foot on home turf. To removing Musharraf’s name from the Exit Control List (ECL). To guaranteeing him access to the best medical facilities in the country. To making arrangements for the recording of statements in the most convenient manner possible.

All of which lends credence to claims that Musharraf’s long discarded uniform still affords him a great degree of privilege. Indeed, political rivals Nawaz Sharif and Asif Ali Zardari cannot claim to have been entertained in this way. Thus when a military man refuses to play judicial ball it simply reinforces the position of civilian leaders as they claim political persecution. None of which is good for Pakistan’s long-term democratic health.

It is therefore hoped that the former President-General will do the needful and record his statements at the earliest. Or at least before Justice Saqib Nasir retires next month. For the latter has proved himself to be incredibly firm but fair throughout. Now is the time for Musharraf to do the same. *

Published in Daily Times, December 13^th 2018.