The untouchable

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  • As always!

A lot has been said about military dictators in the recent past. With some extending support and the others opposing dictatorship, Pakistan has had its fair share of military rulers since its inception. General Musharraf, the most recent one, makes headlines every other day. For most of the part it is due to a statement the general issued whilst being incarcerated in a self-imposed exile. The preceding week, however, was rather agitating for the general, despite being far away.

Justice (R) Javed Iqbal, in an astonishing development, revealed that Musharraf had, illegally, extradited over 4,000 Pakistanis abroad in exchange for dollars. 4,000 families dismantled in a trade-off. Took me a while to absorb the fact that a man, whom I grew up to recognise as my president, betrayed his own countrymen terribly. In his briefing to the National Assembly’s standing committee, the retired justice further lambasted Aftab Ahmad Sherpao for being the tool in the said extradition process.

This very briefing gives rise to exponential level of questions. Is there anything known as the law? Or is that term only referred to for ordinary citizens? Will Musharraf ever face the wrath of justice? It seems not.

Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph

The suspension of the constitution, imposition of emergency and the ouster of judges are charges which the general is liable to be held accountable for. However, the betrayal of his own countrymen is something not to be forgiven under any circumstances whatsoever. The extradition of these people is not only illegal but amounts to the highest form of treason. It indicates serving the agenda of foreign entities. It is quite understandable that there may have been a number of terrorists involved in these extradition and in order to maintain diplomatic relations the regime may have had to take certain unwanted decisions. Nonetheless, there is a lawful way to go about everything. Legal measures could have been deployed to extradite those worthy of extradition. But handing over people without letting as much as a whiff to the nation is not only a mockery of the law but is also a declaration of superiority.

There can be no accountability for actions behind closed doors. Or for actions undertaken discreetly. Musharraf must be brought back to answer for each and every individual’s extradition he authorised. Let the courts of law decide his fate in light with the material put forward against him. At the very least he should be standing in a witness box rather than living the royal lifestyle he currently is.

There is no provision of law which empowers to hand over any citizen of Pakistan to any other country except in a situation where a formal request accompanied by detailed reasoning is made. Mostly, such requests are catered for by the Interpol with certain arrangements often taking place directly between governments. Despite the presence of such a mechanism, Sherpao and Musharraf collaborated to illegal extradite citizens of our beloved country without respecting the fundamental rights of all these individuals. The rights guaranteed by the constitution of Pakistan. Not surprising as Musharraf’s regard for the constitution has already been seen by this nation multiple times.

It is people like Musharraf who bring about a bad name to the entire bunch. Because of his disastrous actions, the people tend to blame the establishment as a whole. A perception which is ill-founded and misconceived. No one person can be allowed to taint an entire institution. Especially the only one functioning with a sense of discipline. On the contrary the military establishment itself should actively pursue Musharraf’s prosecution so as to vindicate itself. Not only are these actions a disgrace to the nation but the establishment is blamed for every misadventure undertaken on the orders of a single individual. A misconception that was further clarified by Justice Javed in his briefing. He went on to reveal the misdeeds of foreign agencies within our country so as to bring a bad name to our own agencies. All the more reason to get to the bottom of this controversy.

Yet, we have a situation where the commando is comfortably outside the reach of justice and continues to enjoy freedom. Our pro-active judiciary of today is hell bent upon bringing all sorts of adventurers to justice. The CJP himself was quite dedicated to bring back Hussain Haqqani, another one of our own accused of betraying his country. A truer form of conscience might compel the top adjudicator to issue similar directions for Musharraf. The nation is yet to hear about a directive being issued by the illustrious apex court for the return of Musharraf. The CJP’s busy schedule might have caused him to overlook the absence of a former ruler of the country from various trials he is facing currently. Therefore, I would like to take this opportunity to humbly request the CJP to take notice of the report submitted by Justice Javed as well as the prolonged absence of the former dictator from the courts.

Musharraf’s return to the country might actually materialise if the Chief Justice was to take the matter under his wings. A notice followed by a deadline for his arrest and subsequent return to the country would be another a step in the right direction. A step which would be noted down as one of the greatest strides taken towards the dispensation of actual justice.

Till such time as Musharraf is not held accountable for his actions, there can be no development for the justice system of the country. Till Musharraf continues to strut around with a heightened sense of security and immunity from prosecution, the justice system is bound to fail.

A former Ethiopian emperor Haile Selassie’s words fir right onto the aforesaid situation;

Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.

Let’s hope these words bear fruit and Musharraf is made to answer for crimes he may or may not have committed.