The people who think Chaudhry Shujaat Hussain's fear that a hasty trial of Pervez Musharraf in the treason case could burst open the Pandora's box stems from his personal concerns may be right. After all he and many others who are making such noises now were part of the government on November 3, 2007 when Musharraf abrogated the constitution and imposed emergency. And it's also a fact and that has been the former General's consistent position that his action followed a series of consultations with his colleagues and the then PML(Q)-led coalition government headed by Shaukat Aziz Chaudhry Shujaat was chief of the PML(Q).
Given that Article 6 of the constitution also seeks treason trial of "any person aiding or abetting" in this offence, the trial of Pervez Musharraf is bound to expand its scope sucking in many more. Hence the warning of the Pandora's Box is expedient. The question is, was the November-2007 imposition of emergency by Pervez Musharraf the only Pandora's box in Pakistan? Isn't that the host of other mega financial and political scams and constitutional violations such explosive issues? Should all of the dirt be swept under the carpet? No; for the rule of law to prevail in Pakistan all such boxes should be opened. Let heavens fall and the law and constitution prevail - for, without this being done we will irretrievably move to the precipice of self-destruction. It's a bitter pill but the only remedy left to be tried to survive as an independent country and a functional polity.
But having said that, it would be extremely pertinent to point out that law must take its course and justice should not only be done but also seen to have been done. Of course, there are heightened sentiments on both sides that have come to obtaining in the wake of petition seeking treason trial of Pervez Musharraf. His decision to come back was founded on an 'ill advice rendered by the sycophants' or as some say 'he was led up the garden path by the social media' that may be true. But there is also a strong possibility that he is convinced of righteousness of his moves and actions as long as he was in power and is now ready to face the courts. Let's give the devil his due, and let him have a fair and transparent trial. You cannot condemn a person of his stature and history without following due process of law and justice. That the pressures with potential to lend bias to the trial should come from the lawyers is most unfortunate and highly regrettable. One gets the feeling that the respect the black-coats earned for their movement for the independence of judiciary is being frittered away by a section of politically-motivated lawyers. Being an enlightened section of society the lawyers are expected to be pragmatic enough for reason and justice to triumph over pride and prejudice. It is patently clear that most of the lawyers have political affiliations, a common phenomenon in former British colonies.
However, that consideration should outbid their professionalism is indeed disgusting.
The truth is, that the treason trial of Pervez Musharraf is not of one single person, but of a person who was chief of army staff, and the President of Pakistan and now head of a registered political party. He does have a lot of haters but he has also a lot of supporters in Pakistan, some out in the open and some hidden. It would be unthinkable that a military commander who can command his soldiers to walk into the jaws of death does not enjoy the love and support of his juniors and comrade-in-arms. What can be the fallout of a hurried trial? A sample has been made available by a clutch of retired generals who have publicly warned against 'humiliating' Pervez Musharraf, saying 'the army would not tolerate if the lawyers continued pushing their former army chief to the wall'. Should Pervez Musharraf's treason trial be a hurried, hush-hush affair it would amount to witch-hunting and demoralising the rank and file of the military particularly the jawans, removing some of the shine the higher judiciary has of late come to enjoy. We expect the representative leadership of the lawyers' community, particularly at the level of the bar councils, to stand up and declare they support the cause of justice without bothering a bit about the result of this treason trial. Now that we have come so close to securing justice in this crucial case we need to ensure that its outcome is remembered not recorded by history as a latter day inquisition.
Thursday, April 25, 2013
Pakistan: Let Pandora's box open, but...
The people who think Chaudhry Shujaat Hussain's fear that a hasty trial of Pervez Musharraf in the treason case could burst open the Pandora's box stems from his personal concerns may be right. After all he and many others who are making such noises now were part of the government on November 3, 2007 when Musharraf abrogated the constitution and imposed emergency. And it's also a fact and that has been the former General's consistent position that his action followed a series of consultations with his colleagues and the then PML(Q)-led coalition government headed by Shaukat Aziz Chaudhry Shujaat was chief of the PML(Q).
Given that Article 6 of the constitution also seeks treason trial of "any person aiding or abetting" in this offence, the trial of Pervez Musharraf is bound to expand its scope sucking in many more. Hence the warning of the Pandora's Box is expedient. The question is, was the November-2007 imposition of emergency by Pervez Musharraf the only Pandora's box in Pakistan? Isn't that the host of other mega financial and political scams and constitutional violations such explosive issues? Should all of the dirt be swept under the carpet? No; for the rule of law to prevail in Pakistan all such boxes should be opened. Let heavens fall and the law and constitution prevail - for, without this being done we will irretrievably move to the precipice of self-destruction. It's a bitter pill but the only remedy left to be tried to survive as an independent country and a functional polity.
But having said that, it would be extremely pertinent to point out that law must take its course and justice should not only be done but also seen to have been done. Of course, there are heightened sentiments on both sides that have come to obtaining in the wake of petition seeking treason trial of Pervez Musharraf. His decision to come back was founded on an 'ill advice rendered by the sycophants' or as some say 'he was led up the garden path by the social media' that may be true. But there is also a strong possibility that he is convinced of righteousness of his moves and actions as long as he was in power and is now ready to face the courts. Let's give the devil his due, and let him have a fair and transparent trial. You cannot condemn a person of his stature and history without following due process of law and justice. That the pressures with potential to lend bias to the trial should come from the lawyers is most unfortunate and highly regrettable. One gets the feeling that the respect the black-coats earned for their movement for the independence of judiciary is being frittered away by a section of politically-motivated lawyers. Being an enlightened section of society the lawyers are expected to be pragmatic enough for reason and justice to triumph over pride and prejudice. It is patently clear that most of the lawyers have political affiliations, a common phenomenon in former British colonies.
However, that consideration should outbid their professionalism is indeed disgusting.
The truth is, that the treason trial of Pervez Musharraf is not of one single person, but of a person who was chief of army staff, and the President of Pakistan and now head of a registered political party. He does have a lot of haters but he has also a lot of supporters in Pakistan, some out in the open and some hidden. It would be unthinkable that a military commander who can command his soldiers to walk into the jaws of death does not enjoy the love and support of his juniors and comrade-in-arms. What can be the fallout of a hurried trial? A sample has been made available by a clutch of retired generals who have publicly warned against 'humiliating' Pervez Musharraf, saying 'the army would not tolerate if the lawyers continued pushing their former army chief to the wall'. Should Pervez Musharraf's treason trial be a hurried, hush-hush affair it would amount to witch-hunting and demoralising the rank and file of the military particularly the jawans, removing some of the shine the higher judiciary has of late come to enjoy. We expect the representative leadership of the lawyers' community, particularly at the level of the bar councils, to stand up and declare they support the cause of justice without bothering a bit about the result of this treason trial. Now that we have come so close to securing justice in this crucial case we need to ensure that its outcome is remembered not recorded by history as a latter day inquisition.
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