Swing a tiger by its tail

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And he will first take you for a ride and then…

Make no mistake. In putting Musharraf on trial for treason Nawaz Sharif has put the entire army on trial. He has, unbelievably, put himself on a collision course with the army yet again. If his prime effort is to castrate the army so it cannot intervene ever again, he has another thought coming. In fact, he might invite another coup. Armies intervene when they have to, which happens only when political failure causes a vacuum in governance. Then the people and the world go along with it. Look at Egypt.

Conventional wisdom has it that the government is on a revenge spree in cahoots with the judiciary and its mind is already made that Musharraf is guilty. Some believe that the exercise is a circus to divert attention from the government’s failures rather than a quest for justice. They don’t realize that holding a show trial of a former army chief in a kangaroo court in a way that smacks so blatantly of hatred, partisanship and bias will invite another army intervention. Sharif has this peculiar penchant for self-destruction for he still doesn’t understand the limits of power. Drown yourself if you must, Sir, but don’t take the ship of state down with you too, please. Rule well, Mr Sharif, give the people what they want, and a coup wouldn’t even enter the army’s mind.

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‘Why has the action of November 3, 2007 been singled out and the army takeover of October 12, 1999 not included? …That parliament indemnified the October 12, 1999 coup is so much poppycock. Anyway, the 18th Amendment put paid to that indemnity.’

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Sharif is probably not aware of the Divine injunction: “Don’t hate anyone so much that you cannot do him justice.” This injunction rests most heavily on rulers, judges and journalists as opinion formers. Would a reasonable person conclude that our government and judiciary are doing justice to Gen Pervez Musharraf? Or is it heavily laced with hate and prejudice? Justice happens when the accused is assumed to be innocent until proved guilty in an impartial court of law operating under due process with the onus of proof squarely on the prosecution, regardless of the perceived acts of omission and commission of the accused. But if prosecutors and judges are seen to be collaborators, it does look like a show trial in a kangaroo court and the perception is created that the accused is assumed to be guilty at the outset and public confidence in the balance, fairness and equity of the judgment is eroded.

Nawaz Sharif never learns, even after losing power twice by taking on something more powerful than him. If you lick clean the sugarcoating of constitutionalism, democracy and legality, power goes to physically the most powerful. That’s nature. Swing a tiger by its tail and he will first take you for a ride and then return with you inside, like the lady from Niger, even if you have raised it from birth. Sharif should take lessons in reality from Asif Zardari who, unbelievably too, he is making look good – something we never thought was possible.

That Gen Raheel Sharif is Nawaz Sharif’s appointee is no guarantee. So were Generals Waheed Kakar and Pervez Musharraf but the army intervened when he left it no option because he had taken the system to breaking point. Lesson: don’t create conditions that forces army interventions. Stay within the limits of your legal power. Attacking the Supreme Court to get rid of the chief justice and getting into an irretrievable fight with a powerful president, sacking an army chief when he was abroad, preventing his aircraft from landing and asking the pilot to take it to India breaks all markers of patriotism and invites extra constitutional reactions. Know the upper and lower limits of power and understand that real power as against formal power moves when you transgress the limits of formal power.

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‘If you lick clean the sugarcoating of constitutionalism, democracy and legality, power goes to physically the most powerful.’

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The fact is that Nawaz Sharif’s government is controversial ab initio because of undeniable evidence that the elections that brought him to power were blatantly rigged. We have seen a lot of evidence on camera, in print and personally in polling stations. Else why would they balk at checking the thumbprints of voters on ballot paper? The fact is that the sacked judges were controversially reinstated by an executive order leaving one wondering about its legality. Can we trust such rulers and judges?

1. The tribunal selected to try Musharraf raises fears that it comprises people who might have personal grudges against him leaves one askance. There should not be a shred of doubt or suspicion, like there rightly is about Zulfikar Ali Bhutto’s trial and execution. We are paying the price for that sin still.

2. The tribunal or special court established to try Musharraf for treason has to comprise only those judges who were not adversely affected by the Musharraf government’s decisions else it will be regarded as scandalous and notorious. Musharraf would do well to insist on a group of international jurists to observe his trial and report on what they see and hear.

3. Musharraf proclaimed emergency on November 3, 2007 when he was still army chief. Thus he should be court martialled under the Army Act. But then how will the government be able to influence the army tribunal? The government also fears that the army would never punish a former army chief. That is why an international observers group comprising national and international jurists needs to be invited to witness the court martial.

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‘Rule well, Mr Sharif, give the people what they want, and a coup wouldn’t even enter the army’s mind’

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4. There is talk of holding the proceedings in camera, i.e. in hiding. That would be terrible and would immediately beg the questions: what price freedom of information? What are the government and judges hiding from? To hide their prejudice and partiality is the obvious answer. What’s so secret or against the ubiquitous ‘national interest’ in this case?

5. Why has Musharraf been singled out when the decision to impose emergency on November 3, 2007 included a lot of ‘aiders, abettors and collaborators’ in the proclamation order?

6. How can they try Musharraf alone and on a lesser ‘crime’ and ignore the earlier bigger ‘crime’ of October 12, 1999 that caused the lesser crime to take place?

7. Why has the action of November 3, 2007 been singled out and the army takeover of October 12, 1999 not included? Obviously to protect the Nawaz Sharif and former chief justice Iftikhar Chaudhry from inclusion in the trial as too many other generals, judges, politicians, bureaucrats and ‘technocrats’. When justice is fair and holistic there are no holy cows. That parliament indemnified the October 12, 1999 coup is so much poppycock. Anyway, the 18th Amendment put paid to that indemnity.

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‘Sharif should take lessons in reality from Asif Zardari who, unbelievably too, he is making look good – something we never thought was possible.’

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8. How can they separate effect from cause? The cause of the November 3, 2007 emergency was the legitimization of the army’s countercoup of October 12, 1999. The cause of the October 12, 1999 countercoup was Nawaz Sharif’s coup against the army by sacking its chief illegally, as the Supreme Court held. Then the Supreme Court included the now mercifully retired and unlamented Iftikhar Chaudhry who later rose to the giddy heights of chief justice of Pakistan that gave him a nosebleed as heights often do.

9. Why did the government not get cabinet approval before initiating the treason trial? What was the rush? That Musharraf might leave the country? He who voluntarily returns to face his persecutors doesn’t run away, and if he did go to meet his old mother in Dubai, he would return. This is his country and he has every right to live in it. And he has every right to clear his name and expose his tormentors and persecutors.

10. Holding the constitution or certain of its articles in abeyance was added to Article 6 later by the 18th Amendment, much after the two contentious acts of October 12, 1999 and November 3, 2007. Sure the constitution forbids discrimination in law except in treason cases, but that is a most unfortunate law and needs to be thrown aside. If any precedent using laws retroactively is ever set, many heads will roll now and in future too.

11. The Supreme Court under Iftikhar Chaudhry asked the government to file a treason case against Musharraf, and that too on a private petition. This is not the job of the Supreme Court and betrays prior bias that it finds the person guilty before trying him. This awful judgment has defined the direction and parameters for the special trial court. Good Lord! It must be set aside first.

12. Only the federal government after a decision of the cabinet can charge a person with treason under Article 6 of the constitution. The cabinet was never asked. Was the assumption that it would agree anyway as it is loaded with Nawaz Sharif relatives and Kashmiri cronies, so why bother?

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‘Know the upper and lower limits of power and understand that real power as against formal power moves when you transgress the limits of formal power.’

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13. The federal government has to set up the special court itself and not ask the chief justice to ‘suggest’ names of high court judges from which the government would select. It goes without saying that the chief justice gave the names of only those judges who are anti-Musharraf. This is cahoots, not justice.

If from the foregoing you come to the conclusion that Humayun Gauhar is against Musharraf or anyone else being tried for perceived treason, you couldn’t be more wrong. I’m all for accountability. But do so only if you have a case, in the proper way, in a proper court of law, under due process, without singling out a person and applying laws retroactively. If he is found not guilty, so be it. If he is convicted so be it too, as long we are satisfied that justice has been satisfied. Justice done and seen to be done is the best way to prevent extra constitutional acts.

Humayun Gauhar is a political analyst. He can be reached at: [email protected].

80 COMMENTS

  1. Humayun's comments and his reasoning is fundamentally flawed. Musharaf should
    have the guts and courage to stand before the Court and put his defence if he has any. It is NOT revenge but a process of accountability and it must start from some one.

    • You provided no explanation as what flaws the writer has in the write-up. It looks like you are not an uneducated person. The whole story is about a bias court and your argument is: Be brave and face the bias court? Your second argument is that of starting from SOMEONE. Which law University tells you to start from someone if you are not sure of anyone? Why that someone should be Musharraf why not someone from Zia's progeny. Start from someone is not a legal standpoint. And then you talk about process of accountability. What accountability if Nawaz Sharif dismisses the head of Accountability Br. in the darkest of dark night. It is toppi drama. Pakistani people should focus on their Roti, Kapda and Makan rather than talking the ideals of justice and democracy.

    • Justice start from someone – fair enough.
      Why not Hudaibia Paper Mills stay be removed and Noora be punished? Afterall, accountability may be started from some point. So why not to chose a point which is prosecuted, proven and only decision is on hold.

    • How do you Akhtar sahib say that Humayun's reasoning is flawed ? Could you give anything in support of your comment. In my opinion his reasoning is very sound. Mark my words, if this trial goes on and Mush is punished through these Kangaroo courts , the consequence shall not be good for the country.

    • What accountability u r talking mr?? attacking on supreme court, looting of country, making unbelievable wealth out of pakistan bachao scheme, making treason against pakistan army by launching embassidor of the country, paying only 5000 tax and asking others to pay more??? destroying the country again and again in power struggle???? influencing the courts not to open up 15 sharif caqses??? completing punjab Govt on a stay order???? Is this justice u r asking??? distributing all govt slots within the family and family servants??? N fr others??? PPP , i need not to tell anything, they were mother of corruption. Unhon ne n enhon ne country ka soda kia hua hy USA k pass. think about it n reconcile

    • Humayuan Akhtar: there are some rules man, you cannot single out one thing and leave everything behind, NS n company is established criminals, looted the country, ran away when there was danger, sacked CJP Sajjad Ali Shah, Sacked Jehangir Karamat, Kicket out President, tried to sack Army Chief illegally, raided Supereme Court, if they want to start why not start from October 1999………..Humayun Gauhar's comments are absolutely correct…………..

      NS has no agenda of revival of economy, broadening of taxation network, or anything else, he jus want to accummulate as much money as possible and then run away again……….

  2. 'I AM REPRODUCING A LETTER PUBLISHED ON 2TH INST ON THE MUSHARRAF TRIAL.IT WOULD BE OF INTEREST TO MR GOHAR AND READERS.
    "The ML-N government of Nawaz Sharif and family has put up case of treason against Musharraf vide his act of imposing emergency in 2007.
    The pertinent point is that ML-N government took oath from the same Musharraf in Center though with as a result of elections held under his rule and government.They also formed ML-N government in Punjab under Musharrafs' as President. That in my opinion make the whole case by ML-N,Sharif and company infractions and void. Infact,it tantamount to entangle Sharif and company as accomplice in act of treason."

  3. I AGREE THAT NAWAZ SHARIF AND COMPANY IS ACCOMPLICE IN THE [IF IT IS PROVEN A TREASON' ] IMPOSITION OF EMERGENCY ON 7TH NOVEMBER,2007.NAWAZ SHARIF AND COMPANY MUST ALSO BE PUT TOO DOCK AND PUNISHED,GOVERNMENT DISMISSED WHEN THE ELECTION WHICH BROUGHT THEM IN POWER IS CONTROVERSIAL AND SHADY.

    • I keep thinking ,NS cannot stoop any lower but each time he proves me wrong and stoops even lower because these people are drunk on power and their biggest downfall is they never learn!

  4. He is surrounded with his family spoons ,he has yet taken lesson from his past.He is going to meet with same fate sooner or later.Sorry He promished to do some thing for the country men but his action is against .This time too he won"t be able to deliver
    deliver to masses.

      • How though? I am all ears for counter arguments. have you ever seen the sign of justice. its a scale. means two parties being scaled. but the hand holding the scale is not a one of those parties. you want justice bring iftikhar chaudry and company in the court as a party. not as the judge.
        Musharaf should be punished just because you said so, is non sense. like it or not non sense remains non sense even if it come from you dear Sir.

    • The biggest traitor of the era, Iftikhar Ch who saved his son from thebillion scame n destroyed the cty be involved in this case fr giving Mushraff power to amend law and indeminity. So as nawaz and allies be taken to task fr sacking sitting Chief of army satff and diverting his aircraft to India. Why against single individual, bad smell of enmity is visible. He is digging his grave once again, This time too soon.

  5. Nawaz Sharif may be good or bad, but this trial is about Musharraf, not Nawaz Sharif. If we are to put an end to military coups, then, Musharraf's trial is necessary. If Musharraf has any objections, he can raise them in court.
    Mr. Humayun Gohar has been a Musharraf crony, so his views should be taken with a pinch of salt.
    ASAF ALI SHAH

    • Asaf Ali Shah, if it's a trail, it should be tried in the military court because Musharraf happened to be a general. What a stupid court you are talking about which cannot implement it's own decision on Hudebia Paper Mills in which Noora and company has been convicted. Anybody who is denouncing Musharraf is anti-pakistan because Army is the only protector of a country and person who denounce it's own Army is a traitor.

    • Mr Nawaz Shraif was crony of former Gen Zia and tried to obtain faiz from his grave till PPP govt came and he had no escape but to alineate himself from grave.

    • Forgive me for my words but it's because of people like you that our country keep bringing back the same clowns. If you had read the article, you would have learnt this is all NS's doing. He started all this in the first place or none of this would have happened. Please wake up, it's time to open your eyes.

  6. The way this trial is taking place is sham. Trying Nov 2007 only is selective justice and appointment of kangroo judges is controversial.
    Nothing happens until there is a space for it. The acts of Oct 99 and Nov 07 happened because Nawaz Shareef and Iftikhar Chaudry created a space for them.
    The only way to preserve democracy is for the politicians to deliver and thus finish the space for coups. This trial will get nobody anywhere – and may just deprive Pakistan of the fruits of democracy being grown after a first-ever full term of elected government.

    • My friend you will see nothing in ultimate result against MUSHARRAF's trial,thats why because he is leader like Nawaz Sharif,Shahbaz and Zardari.They will never like to see being punished their fellow,you just remember Shahbaz sharif was raising slogans against zardari b4 elections''OH ZARDARI I'LL DRAG YOU ON PAVEMENT OF ROADS''and will get back the wealth you looted,where is shahbaz,samilarly other things very unmatched and controversal.

  7. Imran Khan can sense that this government will not last long. NS will again shoot himself in the foot. Good riddance, these brainless politicians will never learn

  8. Imran Khan's silence on this issue speaks volumes. I never find NS as smart as he thinks he is. I think NS is hoping for a deal made after Musharraf's (in my opinion wrongful) conviction and subsequent pardon to send him overseas, that's NS's wishful thinking as he does not know what is he getting into.

  9. This act of NS government is typical of their mind set, I would have been surprised if they would have acted otherwise, what ells could we expect from advisers like Nissar and Co, May Allah bless us and Pakistan.

  10. Well seriously as a nation with keeping oath and holding our hearts we should now being decide whether we are with rule of law which says "Justice not only be done but should be seen as done" or we are with politically, mollified and vindictive rule of law which says "Interpretation of law by the Nexus of counterfeited Chaudhry Iftikhar + Nawaz Sharif + BJP + RAW + India" CHOICE IS YOURS esp "Sadda Punjab"

  11. All people are awared to the jeneral working for country,

    it,s not a fair trail of general sb.
    court of justice Iftakhar & goverment of nawaz are corrept.

    Sir, my request, is please provide the call,s record or any source of msg in which the order were goven to pilot of aircraft of preventing his aircraft from landing and asking the pilot to take it to India, on any public reachable site or place. so every one be well aware of it

  12. I agree with Mr Humayun Gohar. Nawaz Sharif is nothing but a scavenger , afraid to come face to face with a Tiger and so adopting unfair strategies.
    Army should come forward and clean up this mess. Enough is enough.

  13. This pathetic politicians like Nawaz Sharif will never learn nor will they have any sincerity for Pakistan and its Awam. Now the whole agenda of Nawaz Sharif is to weaken the strong Pakistani Army. This is inline with other foreign interests that just want to reduce the Islamic Republic of Pakistan into dust, into another iraq, into another afghanistan. It is totally humiliating for a former Pakistani Commando, a former chief of staff, a former head of state, a former war veteran in the Kargil war, to suffer such a personal vendetta against Mr.Sharif. The facts is that Musharraf only ever had the best interests in the country: the economy, stability, and a reduction on corruption. I pray to Allah that this is the beginning of the end for Nawaz Sharif's government. In the mean time, I urge fellow Pakistanis and particularly the wonderful army to rise and realize the agenda of the government behind pathetic excuse of a trail.

  14. NAWAZ SHARIF INSTEAD OF TAKING REVENGE, JUST DELIVER, DELIVER AND ONLY DELIVER IF YOU WANT YOURS AND YOUR FAMILY FUTURE, DON'T PUT WHOLE YOUR FAMILY AT RISK, AFTER ALL YOU CAME TO POWER IN CONTROVERSIAL. UNFAIR AND RIGGED ELECTIONS BOTH TIMES, YOU ARE NOT A REAL ELECTED

  15. peer pagara al- marhoom before his death predicted once.. NS is going to be Dead by 2014 because of unconditional circumstance.. i'm counting on his valuable words! =)

  16. I wonder how much the likes of HG charge for writing such a trash? And the papers like this one publish without any monetary benefit out of sheer impotence or they have some share too! Also how deep the pockets of the likes of Musharraf have?

  17. Nawaz sharif firon mut buno , Allah sey duro aur logoun ki bud-duaein mut lo warna Allah k qehar sey tumhain koe nahin bacha sakay ga ! Dunya may itna na ullajh jao k Aakhrat ko bhool jao !Operation ki aar main maasoom logon per Zulm mut Karo , Yaad rukho k Allah ki laathi bey aawaz hay wuh sub sey bara munsif hay !!!!!!!!

  18. I would say luk guys what civilian government gave us bhook naang aur is mulk per kerza aur what army general erra gave us prosperity Pakistan Booming grooming economy gets improve just googel and one major think corruption just googel these facts and figures from 1990 sai 1999 Pakistan Kaha tha pir 1999 sai 2007 taq Musharaf Erra- Pakistan Kaha tha Pir daikhain democracy corrupt politicians 2007 sai 2014 Ab pakistan kaha hai another dact yeh sab politicians floor mills and sugar mills hai dairy factories hai oil factories yeh loog looters hai Kindly googel ju mai nai kaha hai than app decide kerai who is best for Pakistan —

  19. Mr. Nawaz Sharif is always in a habbit of interveying at all levels which does not suit him………

  20. If looks could kill, Imran Khan would have killed and impressed millions and would have been in power. Similarly if looks could say, they would have said clearly, loudly and repeatedly that Nawaz sharif is the biggest nut ever produced by this country..but then we the Pakistanis r never impressed by any one's looks and hence Mr Nawaz sharif and his family keeps on getting re-elected along with another good looking cartoon zardari and family. We, the Pakistani's deserve this for we elect them..so why all the fuss about price hike, load shedding, corruption and so on and on , i can go on….. I am no fan of Musharraf but u have to give it to him that during his time v were far better off.. but that was not Democracy and who cares if we r thoroughly rogered in each and every aspect of life by the Democrats..at least v have DEMOCRACY…long live DEMOCRACY..to hell with everything else..after all life is not a bed of roses and our NS and Zardari r making sure it stays like this and ensure continuation of DEMOCRACY..whose next…ZARDARI and Family..ofcourse..LONG LIVE DEMOCRACY.

    • How do you know, people actually elected these crooks, don't think anyone in our history has ever been elected by the people, rather selected and put into power by the establishment (curse) or by foreign powers to use and abuse.

  21. . In my opinion Humayun's reasoning is very sound and i totally agree with him. Mark my words, if this trial goes on and Mush is punished through these Kangaroo courts , the consequence shall not be good for the country.

  22. Musharaff became the reason of removal of nawaz previously in 1999. I think this time also he will become the reason. Nawaz Sharif has got the most narrow calibre in entire community of politicians. Instead of focusing in right direction, he is again forcing himself into gutter. I think he love gutter

  23. Mr. Gohar has analysed it very clearly as to what problems NS faces if he tries Musharraf.
    NS has got to grow up. First he tried to hijack Mush's plane then after being sent on exile he lied and came back. This is his third time in power. How many times does the Pakistani public want to try him. The answer is going to be the same. Failure and bankruptsy of the public treasury. I feel sorry for pakistanis. If only NS will bring back his money that he has stashed abroad. That may solve a lot of our problems. Good luck Pakistan keep on electing crooks and expecting different results.

  24. Prime Minister Nawaz Sharif is advised to give his attention towards solving of the problems, the country is facing instead of indulging in taking revenge. Regarding Musharraf`s trail, Sharif his striking his foot with his own axe. There will no benefit of this trail to the nation, except personal revenge and hopefully Nation will watch another episode of Army Coup. So for God`s sake be attentive towards the real issues, the country is facing, like, hyperinflation, loadsheding, Drone Attacks, terrorism, Kashmir issue and Good Governance.

  25. Insult to a noble creature, the tiger, to even be put in the same sentence with a loser like Nawaz Sharif, his mascot should be a vulture, suits his personality perfectly. Pervez Musharraf as President was one of the best things to happen to Pakistan.

  26. Dog's s tail can not be strengthen even if it is buried for 20 years – let alone so called politicians by default ! Presidential Rule with SECURITY COUNCIL inception is the only solution for the Nation .

  27. My personal opinion mr .nawaz sharif is heading towards another coup , now i know some people will say how will that be possible since gen. raheel is himself choosen by the sharifs but history says otherwise.The best possible way out of this collision for the sharifs with the army is to let this one go and to satisfy the 18 croer and growing people of this country is by telling them the truth which would be its a threat to the democracy if they continue to corner the Gen Mush. and then let the army court decide his fate

  28. Good, lets have a coup but on one condition, all crooks in the assembly must be hanged and their wealth given back to the nation. I am happy with that.

  29. Basically this trial should take place from the coup of ziaul haq but it will not because Ziaul Haq was a Punjabi and Musharraf is Muhajir……..Ziaul haq's coup was all justified though he plotted it right from the announcement of 1977 election because Zia was apunjabi but Musharraf, he is a bloody dictator coz how come a muhajir become army chief and president. Like bhutto like junejo like Liaqat Ali Khan and sh mujeeb all non punjabis not supposed to be on top position of this country only Punjabis are born to rule this land called Pakistan

  30. NS has not learned anything yet,he was a nut and will remain a nut. Musharaf has delivered to this country because he is capable leader.Army has lot of contributions ,flood earthquick,elections ,security etc which is that corner where army has not provided the services and political system has not left any place to make dirts.what ex chief justice has given to this state .all is nonsence.musharaf is a brave leader not currept like NS and other political leaders.NS will again be kicked like past.

  31. NS just bring the wealth back you took from this nation you will be respected, but you will never do this bcos you are never sincer with this nation.prove a single curruption against Musharaf, and also prove that you are not currupt.nation is waiting big shoes to kick you again

  32. Great article….When god destroy any nation, he makes them mad….we are twice over it. No one learns, the speech of ex President was like a mad man. Calling Army Billa and doodh. The most corrupt man on this earth. But untouchable as he can not be accountable (istasna Hasel hai) What a country

  33. there was a young lady of Niger;
    who smiled as she rode on a tiger;
    they returned from the ride;
    with the lady inside;
    and the smile on the face of the tiger.

  34. I can foresee that start of this trial may bring an end to the days of Nawaz Sharif. Irony of fate is that Nawaz Sharif was never comfortable with any Army Chief, may it be Asif Nawaz Janjua, Jahangir Karamat, Waheed Kakar or for that matter Pervez Musharraf. He must devote his energies to good governance than to invite unwarranted trouble for himself. Mr Iftikhar Chaudhary should also well realize that if all the "Black Coats" could step forward to his support, Genearl Pervez Musharraf will also not be left alone by the "Khakees". On 22 Oct 1999, Musharraf was well protected by the "Khakees" on ground and in 2007 he was not alone to declare emergency. We are too unfortunate to have a PM who has no vision to foresee the results of his actions. In a broader preview of this trial Nawaz Sharif has everything at stake while Pervez Musharraf perhaps has none.

  35. Musharaf was not alone, he had many aiddes who had there interests in that. So musharaf is not alone to be held responsible. For a fair trial all those should be included. It is not posible coz then Zardari should also be trialled, Nawaz be also trialled for coruption. Mr nawaz Sharif Allah Almighty has given a chance to sharif family they should prove that they are capable enough to resolve the public issues. Don't put yourself and the nation in trouble, let this democratic system to grow.

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