General (R) Pervez Musharraf’s return from his self-imposed exile was not a welcome decision within Pakistan’s establishment.
According to a local newspaper, the military and civil establishment had advised the former president not to return. The primary reason that the military opposed his return was threats to his life. The army also feared that his homecoming could lead to other political controversies.
Furthermore, sources said that there was consensus among all stakeholders – including the civil and military establishment – that Musharraf should not have returned home at this stage. However, Musharraf defied the military’s advice and went ahead with his plan.
The army’s opposition stemmed from fears that the legal challenges Musharraf faces may open a Pandora’s box.
The Supreme Court (SC) already took up a petition seeking Musharraf’s trial on treason charges for imposing emergency rule and arresting top judges in 2007.
The case is likely to spark several legal controversies if he opts to defend himself, observed Justice (R) Tariq Mehmood.
“The case may involve people who were then Musharraf’s aides, both in the military as well as in the civilian government,” he observed.
The apex court may issue directions to the federal government to initiate a case of high treason against Musharraf, according to senior lawyer Lt Col (R) Inam.
The court could conduct his trial because he is a civilian now, he added.
The apex court could refer the matter to army authorities to conduct his trial through Field General Court Marshal – the highest forum to try an accused person in the military, he explained.
“Musharraf’s trial can be conducted under Section 59 of the Army Act, 1954,” he added.
If Musharraf includes the names of both civilians as well as the corps commanders, he would have to justify his stance. The court, however, could also summon anyone, whether they served in the military or civil government, he added.
Regarding any legal consent of the then civilian government in imposing the emergency, Tariq Azeem, who served as the deputy information minister in former prime minister Shaukat Aziz’s cabinet, said, “I cannot recall any cabinet meeting in which any decision was taken to impose emergency on November 3, 2007.”
However, legal experts believed it is too early to draw any conclusions at this stage and said that it was also not clear whether the caretaker government had the power to order such a trial.