Giving Musharraf justice

Treason case must fulfill highest standards of law

With the PML-N government having taken the bold decision to try former dictator Gen. (Retd) Pervez Musharraf for treason, the critics of the decision have began to squeal that Sharif is “out to take revenge.” While such claims are disingenuous and the charges against the once mighty general are serious enough to merit the treason charge, Sharif knows that any trial of the former commando is likely to receive intense scrutiny. While the PML-N officials have continued to defend the decision, the military has maintained its silence on the trial against its former supreme commander. In part, it shows that the military is now willing to dispense with its chequered history of interfering in civilian matters. While this may be a glad tiding, the trial of Musharraf must fulfill the highest standards of justice.

In this regard a committee of three high court judges has been formed to investigate the treason charges against Musharraf. The Supreme Court has also been told that the FIA has been ordered to conduct an inquiry into Musharraf’s action on and after November 3, 2007. The SC, playing its part to ensure a clean trial, is set to form a special court to try the case. The apex court has already withheld its judgment on the three independent petitions asking for a treason trial against the former general and shall hopefully release the order soon. The federal interior minister framed the charges to include that Musharraf had put the constitution in abeyance, imposed a state of emergency, removed dozens of superior court judges and also allegedly detained them. He said a 14-member bench Supreme Court judgment held only one person was responsible for the acts. This suggests that the case shall remain focused on Musharraf – and not extend to his aides.

Prime Minister Sharif has expressed his resolve not to do “Victors’ Justice” against Musharraf – and rather to follow the “highest standards of rule of law” in the trial. This is a welcome desire and the procedure adopted as yet does not appear to be rushed in any way. Attempts by the few that remain in the Musharraf camp to inflame the army are condemnable. The case against Musharraf is not framed as a case against the institution of the army, as Interior Minister Ch. Nisar has correctly asserted. Sharif knows he cannot do with Musharraf what Gen. Zia-ul-Haq did to the deposed Prime Minister Zulfikar Ali Bhutto. Such is the balance of the equation between the civilian and the military establishments. He must ensure that no lacunas are left for critics to exploit the situation and personal bias is let out of the dispensation of justice. Sharif has taken a bold and brave step to try the former dictator. The trial will send out a clear message to the powers that be – but to ensure that, Sharif needs to make certain that the trial is a fair one.