A calculated attempt to intimidate the court
After avoiding court appearance for 28 days on the basis of health reasons, the former dictator finally made a brief appearance in the Special Court set-up to try him under article 6 of the constitution. The media, especially the electronic channels, as usual created an unnecessary hype about the event. Almost all the channels covered the court proceedings followed by a scramble to get hold of any one they could lay their hands on to give an expert opinion on the impact of this trial on the future of the nation, with Ahmed Raza Kasuri being the most sought after man. In fact the electronic channels and to some extent certain sections of the print media, through their agenda setting role have stoked the Musharraf trial into an issue of utmost national importance and made the people a hostage to their indiscretions of propagating wrong notions.
The defence lawyer of Musharraf, Ahmed Raz Kasuri, who has been persistently pleading for expanding the canvass of the trial by including those who abetted the promulgation of 3rd November as well as his attempts to rub in the perception that the trial was a sequel to political vendetta and a calculated attempt to malign the institution of Army, made a startling revelation in the panel discussion of a private TV channel that millions of rupees have been provided to some media outlets and media men to tarnish the image of the Army, though he did not elaborate who was behind this alleged move. That indeed is an affront to the media as well as its indictment for an immoral undertaking. How the media should react to this unsubstantiated allegation is not for me to suggest. I think the media is capable enough to take care of it. He, as usual, also contended that the trial of Musharraf could have very serious repercussions as the Army would not allow its former Chief to be humiliated.
To say that Mushraff is being put through the rigours of a trial for political vendetta is the biggest lie of them all. These proceedings have been initiated in pursuance of SC decision in the PCO Judges case and later a query made by it about progress on the issue. Prime Minister Mian Nawaz Sharif speaking on the floor of the National Assembly had confirmed the query by the court in this regard. So the contention that Nawaz government was pursuing the case to settle a personal score, is the most preposterous suggestion. In regards to the question as to why only Musharraf was being tried, it is again in deference to the SC decision. The SC in its judgment did two things; firstly, it declared those actions unconstitutional and null and void ab initio and secondly it singled out Musharraf as the person guilty of sabotaging the constitution. So after the SC judgment on the subject there was no other alternative than to try Musharraf alone. As is evident from the foregoing discourse that the trial of Musharraf is being held in pursuance of the SC decision and it is not motivated by the political vendetta being propagated by the defence lawyer and some other circles. The proceedings are strictly in accordance with the SC decision, constitution and the laws enacted by the parliament. Any perception to the contrary is a misconception.
It is very unfortunate that an eminent lawyer like Kasuri is deliberately trying to obscure the facts of the case and making a conscious effort to confuse the issue. His attempt to equate Musharraf with the institution of the Army and saying that he could not be tried in any civilian court, is an open defiance of the constitution and a negation of the SC proceedings and decision in the PCO Judges case. What Mr Kasuri is actually trying to suggest is that the SC under former CJ was not competent enough to declare Musharraf’s actions ultra vires as he took them as COAS who could not be tried in any civil court including the SC.
The fact is that Musharraf is being tried as an individual who sabotaged the constitution. The constitution which is the Supreme Law of the country holds the sabotaging of the constitution as an act of sedition. Therefore, Kasuri’s contention that an Army Chief cannot be branded as a traitor under any circumstances is absolutely wrong. The notion that trying Musharraf could have serious repercussion is a calculated attempt to intimidate the court and the masses. Those who subscribe to this view are actually talking about two different standards; one for the elite and the other for the not so privileged one, which again is against the spirit of the constitution. Our country is at the cross-roads only due to the lack of constitutional ascendancy and the rule of law which implies that all citizens irrespective of their status and rank are equal before the law. If the elected Prime Ministers can be convicted and sent to gallows why can’t a COAS, be made accountable to his unconstitutional actions? There are several examples in the history of Generals being convicted for similar actions. The latest being the sentences awarded to former chief of the Turkish Army and other Generals for planning to overthrow the elected government.
It is indeed painful to note that the entire discussion on the issue is focused more on the peripheral and irrelevant issues. What the media and Mr Kasuri are doing could prejudice the course of justice. The matter is sub-judice and the court must take notice of the indiscretions being committed. Mr Kasuri and media also need to realize their responsibilities in this regard. They should curb their propensity to comment on the court proceedings and giving interpretations of their own liking. The issue better be left to the court to decide irrespective of the political repercussions of the trial. Opposing the trial is tantamount to going against the SC verdict and the constitution and no individual, entity or institution of the state must try to interfere or disrupt the course of law.
