Jan 2, 2014

Why “Treason trial” for Pervez Musharraf Ex-Chief of army staff (COAS) & Ex-president of Pakistan’s is known as personal grudge and desire of vengeance of sitting PM Nawaz Sharif & Retired Chief Justice of Supreme Court Iftikhar Mohammad Chaudhry are the talks of the town.


The treason trial against Pervez Musharraf is a one-man show & reflecting personal animosity, hatred and hostility of PM Nawaz Sharif who wants to take revenge against Musharraf & to see him in handcuff, electronic media reported.

Nawaz Sharif loathing for Musharraf started when then next army chief on the ground had toppled Nawaz Sharif (NZ) Govt. on 12th Oct 1999 because of NZ own errors & of course it was an obvious treachery & NZ too should have been trialed for high treason as he is dragging Musharraf in high treason case, said investigative political analyst.
The story takes us back in 1999 when NZ wanted to sack Musharraf, a formal suspension order had been issued and notification for Musharraf suspension were to air through national Television & Radio in absence of Musharraf when he was in Colombo on official visit.

NZ govt. was dethroned by then army in a bloodless military coup when Musharraf plane was on the air & he was returning from Colombo the plane was scheduled to land at Karachi airport but pilot was not allowed.

Despite pilot constant communication with control tower at Karachi airport informing that the plane rounding since 45 minutes and its fuel had come down at critical level, including Musharraf 198 passengers were also on board & it had been potentially fatal if the plane would not have landed.

The pilot however was communicated by control tower not to allow Musharraf plane in Karachi followed with NZ instruction and divert the plane ‘wherever you want or take the plane to India’ said the control tower.
When pilot shared this message to Musharraf (on board) he told my foot and forcibly the plane was landed in Karachi. And that was the time when army (on the ground) took over control of the country toppling NZ govt. on 12th Oct 1999.

So Musharraf trial as such has been converted into a personal vendetta & initially based on maliciousness, a retaliation for the military coup in 1999. Similarly Retired Chief Justice (CJ) Supreme Court of Pakistan Iftikhar Muhammad Chaudhary also has been a party in Musharraf case.

CJ episode starts from the action taken by Musharraf when he proclaimed emergency in the country on 3rd Nov 2007, though CJ had endorsed Musharraf action of 12th Oct 1999 but refused to validate the step taken by Musharraf on 3rd Nov 2007.
Terming 3rd Nov 2007 Musharraf action invalid, abrogating the constitution of Pakistan & imposing emergency in the country falls under ‘treason’.

Musharraf kept the constitution in abeyance hardly 30-40 days. In the meantime he created an environment to conduct ‘General election’ in the country.

Through NRO he enabled the politicians to come forward for general election, established a reconciliation process so that all political parties may participate in 'General Election', a conducive environment in the country developed.
The motive behind Musharraf efforts was to restore democracy in the country, he shed off his COAS uniform and in capacity of President of Pakistan conducted general election in the country on 18th Feb 2008.

An exemplary electoral process started across the country, election held and as such the assembly handed over to the winning party PPP who formed the govt.
It was Musharraf who took the oath in 2008 from newly elected Prime Minister and President of Pakistan of PPP the election winning party, certainly due to Musharraf political dynamism & positive approach who realized the democracy is the only source to run the helm of state through a political process not by a military ruler. It was his political attitude to handover the power through election in the country which Musharraf did.

As per Musharraf lawyer, the imposition of emergency was an institutional action & not in personal capacity, an empowerment by the law to the President of Pakistan which Musharraf had before 18th amendment order.
Musharraf action was endorsed, acknowledged, approved and recommended by then cabinet of National assembly, MNAs, then Chief of 3 services, Prime Minister, Governors of 4 provinces and Judiciary too.

Being an executive of the country Musharraf & his cabinet deemed fit, aided and abetted Musharraf to use his authority to proclaim emergency which was the need of the day to steer the state affairs considering political crisis, clashes among the institutions and judiciary involvement & its regular onslaught in parliamentary affairs were the persistent barriers obstructing to handle day to day business of the country.

One thing to note that President alone is nothing, he/she is supported and fed by the cabinet and allied govt. functionaries. Basically in a democratic set up cabinet members are the tools and strength to run the state's affairs, any action of the President certainly are attested by his abettor, collaborator & facilitator.

It’s not a Kingship or Roman Empire where the word of king or queen come out from his/ her mouth & that's becomes the last word without knowing the consequences.
So why the primary benchmark & essence of democracy is not sensed by the blind judiciary who are biased and partial, has engulfed Musharraf in fictitious cases, said by one of the livid audience discussing at public forum about “Musharraf trial”.

So if Musharraf is trialed for abrogating the constitution which he did not. As per Article # 6 & its sub clauses are lucid that all forces who abetted, collaborated, facilitated, endorsed, attested, aided and recommended to impose emergency are also accountable & needs to be interrogated.

It instances the Article # 302 of the constitution where if someone murders or he is given instrument to kill someone being abettor & supporter, killer and supporter both fall under the category of Article 302, Musharraf lawyer Mr. Kasuree shared with media. 
In reprisal, CJ asked Federal govt. to send a formal request to Supeme Court of Pakistan to frame Musharraf in high treason case. National assembly as such through its lawyer submitted petition in Supreme Court to prosecute Musharraf and CJ formed a special court nominating a team of three judges of his & NZ choice to proceed the treason case against Musharraf, said by Musharraf lawyer.

Musharraf lawyer however had challenged in Islamabad high court stating that the team of judges constituted by CJ & NZ are either immediate relative or are staunch supporter of PMLN group as per previous instances associated with Musharraf cases.
The lawyers has communicated their distrust as credibility of the proceeding will go eclipsed & suspicious and asked the court to form an independent, impartial and unbiased judges to maintain the essence of the justice.

The revenge being taken by NZ & CJ comprised on (i) Toppling NZ govt. on 12th Oct 1999 and (ii) confinement CJ of supreme court of Pakistan in his house on 3rd Nov 2007 and proclaiming ‘emergency’.

Suspending the constitution for 30-40 days as has been claimed in 'treason case', otherwise Musharraf had already been released granting him bail in four cases, what he faced the hearing at different location in the country that kept Musharraf seven months continue with the court, the earlier trial were
a)    Judges confinement & house arrest abstaining to perform judicial duties  
b)   Attack on Islamabad Red Mosque where Abdul Rashid Ghazi & his mother was killed during military operation in 2007
c)     Assassination of former Prime Minister Benazir Bhutto in 2007 and
d)    Killing of senior tribal leader Nawab Akbar Bugti in a 2006 military operation

Even though Musharraf had been released granting him bail in all the cases and he was likely to go Dubai to see his ailing mother 95 but Musharraf’s name was on Exit Control List (ECL) that’s why he could not move, Musharraf lawyer said.
When Musharraf lawyers submitted petition asking the govt. minister of interior (Chaudhry Nisar) to remove his name from ECL, the chapter of high treason case opened against Musharraf initiated, submitting petition from federal govt. lawyer to Supreme Court of Pakistan for repealing Article # 6 by Musharraf on 3rd Nov 2007. If the trial executed it can be concluded either life imprisonment or death penalty as the constitution implies.

In Pakistan 67 years of its history, first time an Army chief who had been holding dual post i.e. Chief of Army Staff (COAS) and Ex-President of Pakistan being trialed for high treason case.
The whole nation are in state of panic asking a lot of question, a warm discussion continuing in print and electronic media that why Musharraf being tried for high treason & will it be a show off or conclusive?

A big dismay among civil society, intelligentsia, business magnates, bureaucrats, even in law enforcement agencies at police and military level. Not only in national media but International media also highlighting in their dailies for Musharraf treason trial.

Someone termed it as ethnic because Musharraf belongs to Urdu speaking and he lives in Karachi and why big province Punjab always has been dominating to small Province, media reported. In Pakistan quoting example of Zulfiqar Ali Bhutto who was hanged.
Why Musharraf is being humiliated – does it not impact and affects the credibility of Pakistan army which has a big respectable name, maintain high sense of responsibility, well-disciplined, true patriotic upon whom the nation trust and we are proud on our army, said by one of the debater discussing in TV Talk show.

Musharraf has been our soldiers how he can be a tailor? - he fought three wars and always proved a best soldier of the country, saved Pakistan at every fronts without compromising & always preferred national interest, securing regional & territorial integrity the first and foremost saying ‘First Pakistan’ said by business magnate at the seminar held in the city.
Musharraf returned Karachi on March 24th 2013 after four years in self-exile to contest in General election to be held in the country on 11th May 2013 from his own party All Pakistan Muslim League but the Election Commission of Pakistan had disqualified him.

Musharraf was placed under house arrest on April 19 following police interrogations over allegations he overstepped his powers while he was in office from 1999 to 2008. Soon after landing in Karachi he was prosecuted through a series of trial mentioned above. Nobody or any institution in the country asked him to come Pakistan, he wanted to clear the allegations leveled against by then govt. and even his name had been given to Interpol to arrest him. Musharraf said while interviewing with overseas private TV channel.

But now a high treason case has been instituted where his lawyer has asked the court to change the team of 3 judges those had been nominated by CJ and NZ upon whom Musharraf lawyers don’t trust.

Why don't the people see in its right perspective instead to ignite and inflame in fictitious cases which has lost its strength either. The shortest time of emergency imposed on the emergency proclamation, resulting in the suspension of the constitution, was made on Nov 3. Musharraf shed his uniform on Nov 28. The emergency was lifted on Dec 15.

An election date had already been announced, the shortest emergency in Pakistan’s history and it led to two immediate outcomes: an army chief relinquishing his command and the country moving towards elections, said by Ayaz Mir a columnist.
What made this sequence of events possible? The Nov 3 emergency, now being touted as an act of treason and for which Musharraf is set to go on trial. Treason is subversion of the constitution. In the given circumstances, the emergency seems more like protection of the constitution.

Article Six of the constitution which deals with treason was really flouted, and brazenly so without any corresponding benefits, on Oct 12, 1999.
But regarding that event, Musharraf’s real sin, we have the eternal silence of the mountains…not a word, not even a lame explanation for this silence, because the giant-slayers themselves, all of them, with an alacrity that the new military commanders could not have failed to notice, had struck a resounding gavel, no questions asked, on behalf of that transgression.

From the Chaudhry-led court there was no humility or sense of contrition for this endorsement, just fire and thunder and sustained volleys of self-righteousness, Ayaz Mir further stated in his column.

The political leaders should understand that army is not power-hungry, this is you who have been compelling army to take over the govt. because of your transgression, your ill motive.
Your inability to run the state - your incompetency where you push the country towards the brink of bankruptcy - you are not loyal, sincere and honest neither with the nation nor national.

You come into the power & treat election as a gateway to enter in the assembly to rob the state - its money - you loot national exchequer - plunder national wealth - you don’t pay taxes - you don’t pay utility bill - you first satiate yourself and misappropriate national account - takes loan from the banks and don’t think to pay off but get the whole sum written off - so your leadership push the country in such a crippling way where the economy goes precipitated awkwardly.
Concept of welfare state goes collapsed - except loan you rely on bailout package instead to think how to groom the economy for the betterment and advancement of the masses and put the country with more loads of loans, said by group of people who were discussing the role of our politician in the country & govt. approach to prosecute Musharraf in treason case.

The political leadership wants to weaken Pakistan army and basically giving the message that no army should intervene further in country’s affairs and that’s why you did 18th amendment so that no one can ask about your mischievous act, terrorism & corruption you are doing in the country said by group of students attending a debate on Musharraf trial publicly.
How the nation can make you accountable if there is no check & balance, if you do mountains of crime then how the people of the country can clutch you and get you dragged out from the assembly who sent you in the assembly.

The news also spreading in the media that PML-N wants to reduce the army strength in terms of its size if this is the case what message PML-N conveying to the army and people of the country.
Is it a signal that alerting the army in the name of democracy the two political leadership spanning around PPP & PML-N will complete its 5 year terms without any accountability, and each one will be waiting for its turn, they will do whatever seems them good not for the people but for them, asserted by political analyst.

It is because of politicians’ inability that army has been interrupting in national affairs since its freedom. If we compare the economic condition during army tenure with the political leadership period, the nation gets a very groaning & thorny picture of national economy where every sector of economy have been deteriorating terribly.
Moreover the word used by PPP ex-president Asif Ali Zardari during his wife Benazir Bhutto death anniversary “that Billa who has now been trapped in the law will face the legal terms and if executed no other Billa will dare to intervene in political affairs of the country” what does he mean?

Is he not terming Billa to Pervez Musharraf and giving messages to the current COAS that keep yourself away from politics – otherwise be ready to face trial like Musharraf? Does it not refer to deep seated prejudice? Reported by private TV channel.
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