The tamasha will never end
Forget the chase. Cut to the crap. Unable to deliver, Nawaz Sharif has diverted the national conversation from Pakistan’s terminal problems to trying Gen. Pervez Musharraf for alleged ‘high treason’ under Article 6 of the constitution. In so doing, has Nawaz Sharif unwittingly put himself in the line of fire yet again? Bad habits die hard.
But hang on. Could it be that the army chief Gen. Ashfaq Parvez Kayani (and the army by extension) is the prime target because Musharraf is to be tried only for the November 3, 2007 emergency: the Proclamation of Emergency includes him and others whom Musharraf “consulted”. Could it be that Chief Justice Iftikhar Chaudhry is the second target if legitimizing the October 12, 1999 countercoup comes into the fray, which it will have to? So as ‘aiders and abettors’, Kayani better keep his gun holstered and the chief justice behave. How simplistically obvious can you get?
The country’s attention has been diverted, but for how long? As our terminal problems get ‘worser and worser’ people will stop thinking of alleged treason and focus entirely on survival. When survival becomes impossible they will start saying it with sticks and stones.
By invoking Article 6, Nawaz Sharif has unsheathed a sword over the army chief’s head and shown a sheathed sword to the chief justice that can be unsheathed any time to keep them both ‘in line’. Does Sharif realize that there are sharper swords dangling over his head, like the Asghar Khan case? The Supreme Court (SC) can disqualify him as it disqualified another prime minister before him unless Sharif becomes president in September to gain temporary constitutional immunity and appoints an obedient prime minister in his stead – the Asif Zardari formula.
The procedure is not so simple. First, the federal government has to ask the Federal Investigation Agency (FIA) to investigate only the November 3, 2007 emergency. The FIA’s findings will then be considered to decide whether they have a case or not. If they think they do, a special court will try Musharraf and inevitably others.
Certain points and questions need clarification:
Can a treason case under Article 6 be filed by citizens when only the federal government can do so? Can the Supreme Court even consider it? In hearing such a case and suggesting to the federal government to file a treason case, did the Supreme Court perhaps transgress its jurisdiction?
Which Article 6 would they try Musharraf under, the one that obtained on October 12, 1999 and November 3, 2007 that did not contain the word ‘abeyance’ or the version amended later to contain the word ‘abeyance’? Can one be tried retroactively under a new law made after the fact? Doesn’t this make the amendment Musharraf-specific and smack of malfeasance?
Can justice be selective? Can they pluck only one person out of a group of alleged conspirators when the constitution includes all aiders and abettors?
How can they try Musharraf for the November 3, 2007 emergency only without first trying him for the October 12, 1999 countercoup for if the SC hadn’t legitimized it the emergency of 2007 would not have happened?
When the October 1999 countercoup comes into the fray, the first question to be asked of Nawaz Sharif would be: “Why did you create such a situation by your acts of October 12, 1999 that left the army no option but to intervene, acts that the SC held were illegal, including possible attempted treason by asking the pilot to take Musharraf’s commercial airliner to India and deliver Pakistan’s army chief into Indian hands?” Cause cannot be divorced from effect for then the effect cannot be understood and an unbiased judgment passed.
Did the November 3, 2007 emergency amount to treason for it was not against the federation but only affected the job of one particular judge and others that joined him? Musharraf gave the reasons in his speech after imposing emergency. Those reasons will be revisited. The then Chairman JCSC, Army, Air and Navy chiefs, corps commanders, provincial governors, prime minister, all will enter the dock.
The argument that parliament upheld the SC’s judgment legitimizing the 1999 countercoup is so much poppycock. The current SC can overturn that judgment as well as any Act of parliament as ultra vires of the constitution and its spirit as it has done before.
The SC first legitimized Gen. Yahya Khan’s coup of 1969 but overturned its own judgment in 1972 in a case filed by my mother and Asma Jilani against the detention of my father and Asma’s father by Bhutto. Many of the same shameless judges who had earlier called Yahya Khan a saviour now called him a usurper. The ‘Asma Jilani, Zarina Gauhar Case’ became a milestone in our judicial history. Bhutto had to lift martial law and introduce an interim constitution in April 1972. But as we have seen, judgments and constitutions do not stop military interventions when the country is being fed to the dogs by civilian wannabe dictators.
Similarly, this SC can overturn its judgment legitimizing the October 1999 countercoup. But what will come of the chief justice who took and gave oaths under Musharraf’s first Provisional Constitution Order of October 15, 1999?
If the Supreme Court could overturn the judgment of the Dogar Court legalizing the 2007 emergency why not its judgment legitimizing the 1999 countercoup? Was sanctifying one judgment and overturning another self-serving: to save jobs in the first instance and retrieving them in the second?
What about Nawaz Sharif’s goons storming the Supreme Court to remove an earlier chief justice? Did they not violate the constitution too, more in fact than Musharraf’s emergency? Nawaz Sharif succeeded in dethroning his chief justice; Musharraf didn’t. The judgment absolving Sharif and his storm troopers of that crime needs to be revisited too. Let justice prevail equitably. Isn’t that what the Quran and the constitution say?
Gen. Kayani and others cannot take the plea that they were following orders, for Gen. Aslam Beg tried this in the Asghar Khan case and failed. Each soldier is responsible for his actions and is entitled not to follow a command he thinks is unlawful.
The reference against the chief justice was prepared by the law ministry and signed by the prime minister. Apart from other evidence, also behind it were the complaints of some lawyers and a High Court chief justice. So in sending it to the Supreme Judicial Council (SJC) President Musharraf was in accord with the constitution. Had the Supreme Court not thrown it out unheard and the SJC been allowed to consider it and give its opinion and necessary legal action if deemed fit taken, the need for the November 3, 2007 emergency would not have arisen. Was throwing out the reference by the Supreme Court not a violation of the constitution? Or were the charges and evidence too strong? We don’t know. It needs hearing.
Now consider Article 5. It says: “(1) Loyalty to the State is the basic duty of every citizen. (2) Obedience of the Constitution and law is the [inviolable] obligation of every citizen wherever he may be and of every person for the time being within Pakistan.” Note the use of the word ‘duty’ for the State and ‘obligation’ for the constitution – ‘inviolable’ is facetious. Is there any such thing as a constitutionally violable obligation? It is editor’s brackets because it was inserted later to replace the word ‘basic’ that makes sense. Which is higher, the State or the constitution? Which is the greater imperative, duty or obligation? A man is obliged under a social contract of marriage to look after his wife’s needs, but he has a Divine duty to raise his children well. Will he remain married if he thinks that his wife is harmful to their children? Not vice versa because in Islam the upbringing of children is only the father’s duty.
If a citizen thinks that the State is in danger, will he let it be harmed just to be obedient to the constitution? The State comes first. The constitution is supposed to protect the State. If it fails to protect it and only produces poor and corrupt governments that harm the State and its people, it becomes amendable or dispensable for a better one. Will you save your limb and let your body die of cancer or will you sever your limb to save your body? A limb is a useful tool, the body houses life and soul. If the body dies you die. If a limb dies you live.
Talking of usurpers, a usurper is a person who seizes something without right, not necessarily by force but also by conning and hoodwinking. Someone who steals an election by engineering it or rigging the ballot and seizes power is a usurper too as are those who aided and abetted him. Does this not attract Article 6?
Let us not get into that for now else the tamasha will never end. Let us focus entirely on our duty of saving the State by curing its terminal diseases and our obligation of providing for our people.
The writer is a political analyst. He can be contacted at [email protected]
Good arguments, now I wish that someone raises this in the court and put the court itself on trial.
The decision has alredy been given by the SC. Its time for implementation.
We are not ready to ponder over, ready-made nd stereotyped thinking controlling us, God knows when are we going to be loyal to ourselves.
Humayun Saahib well written, and thought provoking,I am not in favour of any usurper or dictator, civil or military, Love of Pakistan is part of our faith at large, its because our forefathers have been Muslim Leegiye or Peopliye or Jamaatiye or Azaad Khayaaliye, we will keep following their agendas blindly, not taking pity on our generations coming next, Ghulaam-ibne-Ghulaam, Almighty is not going to bring any change until we want to, Sorry to say most of us have become Giddhs (Vultures) eating dead meat, attacking those near to end, death or trapped…
Wasn't Nawaz Sharif the first to issue an unlawful order to not to allow PIA plane carrying many passengers including the COAS and his entourage,to land anywhere in Pakistan?
Can a sane PM issue an order to change the COAS while he is returning from an official visit to a friendly country and is still in the air? Can a Pakistani PM order the aircraft carrying those people to be sent to India for all he cared? After all this stupidity tell me which Pakistani patriotic or not would let this happen and then allow such an insane man to stay as PM? Only his family perhaps. Such things do not happen in states with saner persons at the head.Why has NS decided to go to 3rd Nov? Because the noose will be around his neck.
Well said, all relevancy lead PM to put on trial first.
plz read book by Gen.Shahid Aziz (R) who admits and tells true story — plan are diverted for one reason or the other but hijacking is done from inside the plane–let teh law take its course and insha-allah truth will prevail–there is lot to write but itis better not to discuss more as case is in court– hold your breath– Pervez Musharraf should have committed suicide after kargil defeat if he was true soldier– it is coas plan and he should admit it — in the history commanders are changed by civilian head of states when they failed to perform — that also show we may speak or write good English but we worship personalities and don't respect norms or code of conduct… please do read above mentioned book– if Musharraf escape this case Allah will punish him for telling lies and misguiding nation as after successful coup of 12th Oct. he was dictating and all government functionaries had no to listen and obey orders of head of the state or martial law administrator– it is like hijacker taking control of airplane then expecting and arguing why crew and passengers were obeying the hijackers–
@ashraf zafat ……………. Some mothers do 'ave 'em.
if the plane could have been landed in India, they could arrest the Kargil Hero for revenge and insult of Pakistan and its brave army chief
For God Sake Why Pakistani's cannot get out of the 'Sucide Mode'?
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Did you mean 'Suicide Bomber Mode' ???
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well written,but gohar sahib u should know that in 18th ammendment validation of 1999 coup has been removed except judgrs oath order.all orders of musharaf are ;;haram'' except judges oath order.this ammendment can be challenge as law of necessity has been validated.
it means its a conspiracy against musharaf ,
Indeed there was as the events mentioned above indicate.
A remarkable column.
Absolutely brilliant. The judges are so obviously biased and even their die hard supporters are find it hard to defend them. As for NS, he’s known to be vindictive and yes old habits die hard so he may not be thinking of the consequences.
Meeting btwn PM N Sharif n Gen Kiyani.after which N Sharif decided to go after Musharaf appears to be same as was btwn Saddam hussain N U.S ambassador before Saddam invaded Kuwait.
fair and justice comments
Self explanatory articles based on hard facts. Just wait and see the outcome.
OUT COME WILL B BETTER ,, INSHA ALLAH
It seems that the judiciary which is Pakistan’s new establishment is bent upon settling its score with Musharraf. This has given a godsend opportunity to Nawaz Sharif not only to settle the scores with the generals but also to subdue the military in order to have a free-hand to deal with India, Afghanistan and the terrorists. This is evident from the fact that, at the expense of public interest, he has chosen to be the foreign minister and defense minister himself. This gives him an opportunity to flex his civilian muscle, a serious mistake which was first made by power-drunk Bhutto and then Sharif himself. The consequences in both the cases were disastrous. No military in a country faced with external and internal threats can afford to be personal fiefdom of unscrupulous politicos. Read more at: http://urdumail.wordpress.com/2013/06/25/sacking-…
I appreciate your effort while bringing the facts and figures. Actually each one of us has his specific agenda to be on the top. I have not seen SC of Pakistan had ever had to dictate and rule but this CJ has already started up. One can think from where he assembled this force to do this, might be in the terminal stages of his reappointment as CJ when he saw ppl and political parties in support made him rather mad to be harping and issuing orders. One should consult the internal dynamism of SC and the willingness to promote the CJ agenda whether right or wrong. I think he has already lost his credibility. See his protocol, see him as the God of Pakistan, see what he does since he appointed as CJ, we heard of only a few decisions restricted to high pinnacles but the general public is still there (No Justice), see the corruption in the Courts. May I say He will leave the country when he, God forbid, desroty it.
A great article and valid points raised. I am sure the judges and the present govt ponder on the points the author has indicated.
The portfolio of Iftikhar Ch is no different to most parliamentarians hence a tacit mutual understanding . An over ambitious man often becomes the victim of his ambitions.
I am waiting for approval
IT IS REVENGE BY HI JACKER PIA NAWAZ SHARIF AGAINST PATRIOTIC HONEST SINCERE MUSHARRAF. WHO EXCUSED HIS DEATH PENALTY BY JUDICIARY AND ALLOWED HIM FOR SAUDI ARABIA ADVISED HIS FRIEND KING ABDULLAH?
NAWAZ SHARIF ATTACKED SUPREME COURT WITH HIS CMs MINISTERS AND FRIENDS?? WHERE IS JDICIARY???
WHAT HAPPENED HE MIS-BEHAVE GEN KARAMAT? WHERE IS ARMY?
Dr. Hasnain: You are correct in saying where is the Army, all the Generals and commanders are sleeping in the arms of the Politicians, so they can get there shares, like wise it has happened after the Liquate Ali Khan, I happen to meet the PM and Nawab Siddiq Ali Khan, in
1954. These are all Saleable politicians.
Well written. Nawaz Sharif is actually inviting an other military coupe in the country if selective proceedings are initiated against Musharraf. Unfortunately he had learnt nothing from his past experiences.
I'll be happy the day military takes over this country does not deserve Democracy.. these people are blind they need "DanDa" on their heads
THIS UN FAIRE JUSTICE WE ALL UK PUPIL CONDEMN PLEASE ARRESTED EVERY BODY WHO MISS USED POWERS AND MAKE A WORSENED PAKISTAN DAY BY DAY OR ABUSED POWERS ASAP THANKS . SAVE PAKISTAN OR PAKISTANI NATIONS ASAP.THANKS.!!!!!!!!
Well written with a comprehensive back ground. I was waiting for your comments. I salute you for your endevour at this time, while every one is talking against PM, and you are bringing the facts and figures of the whole drama. Please keep it up. I dont know! why? but I am smelling that Nawaz Sharif is misguided and soon will see his fate.As it is said that to know someone see his friends….Now see all the persons sorrounding him were with PM.
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PROCESS OF JUSTICE MUST BE STARTED AND STARTING POINT MUST BE CHIEF JUSTICE IF PAKISTAN
In my opinion Nawaz Sharif has come in to power not serve or nation / Pakistan but to take revenge from a patriotic person ( Gen. Musharaf ). So far he did nothing for the betterment of the country but doing conspiracy………..
A very well written and thought provoking article. Non application of the law is not the problem here, selective application is. In a nation of the blind, Kana is the raja.
This trial of high treason will open a Pandora’s box and lot of people including the judiciary, parliamentarians, generals all will be involved in it. It will linger for a long time costing money to the treasury. In this society nobody is clean. The best option is for the parliamentarians to work for the betterment of the people who vote them. So the army does not be pressurise to take over The businessman who are also in the parliament should quit looking after their business or quit being a member of the parliament. I am sure Imran Khan will bring a motion on this.
The country should stand by their armed forces and not being their enemy. Indians are so happy by the Pakistanis played down their army. I don’t think we should make them happy. If you look close Gen Musharraf was in the air at the time of coup so I don’t think how they going to prove him he is responsible. Musharraf’s opponent think that they will take their revenge then it is their dream only.
I think everyone is forgetting that the Supreme Court gave 2 years to General Musharraf when he took control of the country. Supreme Court cannot retrospectively change its own decisions under a new political environment. Musharraf did manage to conduct elections and installed a civilian government. PML-Q was the majority party in Punjab and Sindh and formed government while Islamic parties formed government in NWFP and Balochistan. Please everyone jog your memories. PML-Q continued in government in alliance with PPP later after post Musharraf era too. Nawaz Sharif and Shahbaz Sharif should also be tried for high treason for stopping a sitting Chief of Armed Forces from returning to his homeland after a diplomatic trip to Sri Lanka. They both attacked Supreme Court, dismissed a Chief Justice and a previous COAS. This trial will open a pandoras box which will ultimately engulf PML-N’s leadership and Supreme Court itself.
We need some one who can awaken humanity in us through which he may eliminate our sufferings and darkness surrounding us. A tall man who himself has experienced many self-transformations.” Certainly NS is devoid of that grey matter.
The ghost writer of jailed dictator unwittingly tries to liberate his boss.
Kindly post my comment in its original form or should i conclude that your paper suffers from a weak credibility….any differing comments seem to be a NO GO area !!
This is the time.. If Nawaz Sharif , son of soil, representing Punjab, (Punjabis being the majority in every aspect) fails to take bold and solid steps to relieve Pakistani people of the major problems at hand today, then no one coming from any smaller province can! A matter of paramount importance being the electricity shortage and law and order situation in the country.
Taking Fearless actions regarding taxation of big, rich and powerful houses like Manshas, Habibs, and the likes of them can be a good start..further squeezing the middle class can be seen as anything else but not the "revolutionary step" as you claim… you are the only leader who can take his younger brother as CM Punjab (province having population of 9 crores)…Having 8 ministers from Gujaranwala division and 5 from Lahore, in the federal government…on the other hand Rana Sanaullah's cousin will most probably be by your side, as per his track record.
This is, pretty evidently, the last chance for Mr Sharif to deliver what he promised.. And equally evidently, last chance to save Pakistan…!!!
Excellent.it is true what ever mention in article.
Gauhar Sb hats off to you for candid, forthright, logical, truthful comments, all concerned must take due cognisance of stated realities and facts. If they disregard your openion then God help them. Use as intelectual / patriot has rendered highly valuable advice that is in the larger national interest. I respect you for this mindful gesture to worlds the nation as a whole.
Hope Dumb Nawaz Sharif learn his lesson this time and use this last opportunity to do some good for common people and not show his muscle the way he denied landing of PIA plane . And the result was that became a miserable victim himself: PHIRTAY HAIN MEER KHOWAR< KOI POSHTA NAHI. What a turn of fate and time. Use sanity youngman. You are KAMMI Boy and it will take atleast three generations to become a feudal yourself. Remember your roots before acting like a Vadera,
I don't think Mr Nawaz Sharif wanted his army chief whom he had sacked to land in India. He wanted the plane to land in NawabShah. The record is there. The plane was actually
hijacked by Musharaf who did not want it to land at Karachi unless he made sure tha the airport was under control of the army.these facts can be verified. Shahbaz Kureshi
Balooney ! Please go over the details of the comprehensive enquiry conducted into this incident and discuss the issue with someone with aviation background before commenting. In this case the DG CAA's statement also published in his book would be enough to satisfy you.
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Shahbaz Kureshi is correct:
"… According to charges later laid against Mr Sharif, air traffic controllers ordered the flight to Nawabshah in Sindh province where, it is believed, the prime minister had despatched his own jet and security team to take the general into custody." …
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(BBC news: "http://news.bbc.co.uk/2/hi/south_asia/6960670.stm"😉
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Please reconcile. Air Traffic Controllers did not act on their own. The chain of authorities issuing the orders to them stops at Nawaz's Desk. The orders were very clear …….. not permitted to land anywhere in Pakistan. The aircraft cannot make it to the middle east, where else will it go? Nawabshah was permitted later when the pilot refused to land outside Pakistan. Are we trying to justify the act?
Gen.Pervaiz Musharraf is the only General who fought with the side by side of his brave soldiers in the front line. His motto is 'FIRST PAKISTAN'. He loves Pakistan like any honest Pakistani does for his nation. We all love him the most. Putting him on trial of treason is not justified at all. Chief Justice should accept his loyality to Pakistan and release him honourably and proudly. PEHLE Pakistan. Pervaiz Musharraf Zinda Bad/
Pakistani Media spcially Hamid Mir and Khashif Abbasi is against Musharraf they want that Musharraf should be punished. Alhamdullah Musharraf is one of the best President of Pakistan who did very good job. In his time Pakista was in much better shape. see now with Zardari and Nawaz Sharif. Sharif came to the power to solve the problems of Pakista instead he starting revenage from Musharraf. God Bless Musharraf and hail to ths Pakistan Media.
Excellent and well thought out and full of legal execution to the point article. Thank you Mr.Humayun.gauhar
Pakistani politician have not taken any lesson from past. Revenge politics should be finished. But, our politician what the say the don't do and what the do the don't say.
Its true, "Bad habits die hard."
excellent and doing JUSTICE to the efforts and bold acts of Gen Retd Musharraf, i salute you Gauhar Sb for this eye opener column, but i am sorry to say that men in media are behaving like born enemies of Musharrraf, democracy is another name of HYPOCRACY which suits only our BELOVED POLITICIANS MEDIA and so on.. nawaz sharif sooner or later,will have to put his acts together and better start thinking above himself, OTHERWISE HE WILL BE AGAIN IN THE LINE OF FIRE..
Sir, you are Gauhar e Nayaab. Few people have the courage like you.
Take care. Mmkhan.
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