The probe into Nawab Akbar Bugti’s murder is likely to involve state institutions and trigger a controversy over whether the army should, in future, send troops in aid of civil authority or not.
The Bugti murder probe is set to open a national debate to determine whether Baloch leader Bugti was killed on the order of then army chief General Pervez Musharraf, also president of the country, or that he died in a military operation launched on the provincial government’s orders.
‘Army operations are protected:’ Speaking to Pakistan Today, All-Pakistan Muslim League (APML) spokesman Fawad Chaudhry said, “Army operations are protected under the constitution and no army official can be tried anywhere other than a military court.”
Speaking on the letter by former prime minister Shaukat Aziz, Fawad said, “I doubt media reports published on the Bugti case court proceedings and orders since media wrongly quoted Shaukat Aziz’s letter.” He said, “If the then army chief and president Pervez Musharraf is tried for the operation against Nawab Akbar Bugti, no army official will take part in a military operation in the future. Any court verdict against military operations will lead to collapse of the state structure.”
Fawad said if the army officials were prosecuted and the operation against Nawab Bugti challenged, then Taliban leaders would also challenge the military operation in Swat and the claims of Muttahida Qaumi Movement (MQM) chief Altaf Hussain, already demanding a probe into the military operation against his party under the Nawaz Sharif regime, would gain credence.
‘We will not defend Musharraf’: “If General Musharraf is arrested in this case, current army chief General Ashfaq Parvez Kayani, being the custodian of the armed forces, will have to respond. The case is against the army, not General Musharraf. Let me tell you that General Musharraf is not going to respond to court notices since, under law, the provincial government and not the federal government is responsible for a law and order situation within its provincial limits,” he said, adding that Shaukat Aziz had correctly mentioned this in his letter.
Asked why a military operation cannot be challenged if excesses were made by the army, Fawad said a military court can probe any military operation under the Army Act in such a case but civilian courts could not do so.
He said, “Civilian courts cannot fix criminal liability against army officer for a military operation. If FIRs are allowed against army operations, it will open a Pandora’s Box.”
“This is a vilification campaign against the army and not Pervez Musharraf. Musharraf did not kill Bugti himself nor did he order it since he had no enmity with Nawab Bugti. Army officers conducted the operation. If the government wants to arrest the former army chief, it can do so. We will not defend General Musharraf in this case,” he added.
Former interior minister Aftab Ahmed Khan Sherpao said he had submitted his statement to the court and could not comment on Shaukat Aziz’s letter. He said law and order was the sole responsibility of the provincial government and the Interior Ministry was not responsible.
‘Provincial govt, not federal responsible’: In his letter to the provincial police officer, a copy of which is available with Pakistan Today, former prime minister Shaukat Aziz said the federal government was not responsible for law and order in any province and it was a ‘provincial matter’.
“I was Prime Minister of Pakistan from 20 August 2004 to 15 November 2007. I have been mentioned in the subject FIR and it has been alleged that President General Pervez Musharraf, who was also Chief of Army Staff, used me and others as part of a conspiracy to murder late Nawab Akbar Khan Bugti. It was well known that the late Nawab Bugti died in the military operation during the night between 25-26 August 2006. Law and order is a provincial subject and does not fall within the preview of the Federal Government,” said the latter.
He added, “According to law, it is the Provincial Government who requisitions the armed forces to act in aid of civil power if considered necessary. I was informed about this unfortunate and tragic incident after the incident was broadcast by electronic media. Neither I nor my government were aware or advised about the incident prior to its occurrence. I would be pleased to provide any further assistance that may be required by you.”
It is a record that mush commented sveral times that nauz-o billah he was in a position of kun fayakun, how he can now isolate himself from this blunder ?
To call this "murder" is wrong to begin with. The correct term would be killing – which can be lawful in certain circumstances. Whereas "murder" is never lawful.
Secondly, what about the killings which occurred during the army action in Sawat under the current regime? Should the army Chief be tried for all the killings which ocurred here?
Of course, for possible illegal acts, such as extra judicial killings and human rights violations, there must be an independent probe and the culprits (whoever they are, including army officers) should be punished if found guilty.
However, in this case, no such thing occurred. There is no dispute surrounding the way Bugti was killed. In addition to this, one has to accept the ridiculous scenario of the Bugti supporters that the then army Chief and President was micro managing – issuing nitty gritty orders – as if he had nothing else to do!
And all this hoopla for a zaalim man who boasted he committed his first MURDER at the age of 11. The MURDERER, Bugti, was lawfully KILLED.
Any person who carries arms against our army must be crushed otherewise INDIA will encourage all such these criminals.Sab Say Pehlay Pakistan .!
Musharraf can never be trialled inshallah
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