The Court cases against Gen Musharraf are not
only a trial for him, they are also a tribulation for
many segments of Pakistan’s society, including
its Judiciary by itself, its government & indirectly,
its Military, also.
Hencesofar, the Judiciary has appeared to be
miserably biased against Gen Musharraf eg in
how many cases of a bail able offence is bail not
granted, that also to a person who has
voluntarily surrendered to the courts, having
voluntarily migrated from a place which is
outside the territorial jurisdiction of these courts
& that also, to a person, who has been, the
President? That its popular thought among the
people of Pakistan that the courts harbour
vendetta against Gen Musharraf, should not
these courts desist from being pro-active & not
play the role of prosecution in addition to
adjucation? Unfortunately, till so far, the
scenario has appeared to be, otherwise.
No institution of Pakistan, is a holy cow & all of
them have skeletons up their sleeves. The
Judiciary of Pakistan (including many of the
judges who are presently poised to conduct
trials of Gen Musharraf & also its Top Judge) has
a tainted history of sanctifying extra-
constitutional measures. Therefore, in all
fairness, should these judges also not be tried
alongside Gen Musharraf, at least for the same
charge ie treason (ie its abetment) instead of
themselves sitting over judgment, on him?
Secondly, could it be that the profound judicial
activism of the judiciary has become so
intoxicating that judiciary it has come to be
afflicted with euphoria? Has this euphoria not
compromised the judiciary’s ability to judge
their own selves & has it not developed an
amnesia in them, for the military bear hug?
The Military's threshold to not uphold the
constitution may have increased. However, too
much reliance cannot be placed on its patience
to see its former Chief, disgraced, humiliated &
meted out apparently biased justice by the legal
community ie both Judges & Lawyers. Should
this provocation carry on too far, one should not
be surprised to see another Military coup center
stage Pakistan & another enterprising military
officer taking it upon himself to teach some Law
to this community, followed by the Courts again
sanctifying such a coup, which they have
invariably done, each time in Pakistan's
chequered history of military take overs, barring
just one exception ie the case of Gen Musharraf.
That Gen Musharraf was not alone in his alleged
doings, court proceedings are likely to open a
Pandora’s box of unenviable & even disastrous
ramifications, which may even hold the
upcoming elections, hostage, whereas to the
contrary, the need of the hour, is to forge ahead.
Pakistan, at this stage can ill afford a cat &
mouse chase between usurper and adjucator or
usurper abettors turned adjucators or even
worse, future usurpers.
Of the two murder cases against Gen Musharraf,
there is no steam in any one of them & therefore
they shall probably remain inconsequential.
However, if in the Judges confinement case, the
defence team brings forth reason as to why they
were confined, the Judiciary’s status would
become that of “a party to the case”. In
principles of natural justice, the same would also
be raison’d etre for the Judiciary to not adjucate
on the case.
Therefore the panacea lies in constitution of a
"Truth & Reconciliation" forum, in lieu of court
proceedings. If the great Mandela could do it for
the brutal practitioners of longstanding
Apartheid & if the legal cases against both BB &
Nawaz Sharif, were quashed under the amnesty
(known as the NRO), paving the way for return of
this duo, from abroad then why not for Gen
Musharraf...or better said, even more so for Gen
Musharraf, firstly because in contrast to the duo,
he has voluntarily returned from abroad,
resolute to face the legal cases, against himself.
Secondly, for the reason that it was he who
granted that amnesty to the duo & thirdly in
context of comparison of deliverance of services
to the people of Pakistan, Gen Musharraf's
performance, was much better than that of the
duo, combined.
In many disputes there ultimately comes an
impasse, when the importance of resolution of
that dispute supersedes the importance of who
was right & who was wrong. Dispute resolution
is the forte of a statesman & not a judge but
unfortunately, Pakistan’s euphoric judges appear
to be deluded into seeing themselves as
statesmen. The statesman Mandela's stitch in
time ie his amnesty, saved more than nine.
Consequently his country has progressed by
leaps and bounds, ever since. Therefore, this is
also the recommended solution of Pakistan’s
present impasse.
The Attorney General has very wisely stated in
the Supreme Court today that the caretaker
government shall not be prosecuting Gen
Musharraf for treason, on the grounds that its
manadate, is limited to holding free & fair
elections. However, the caretaker government,
on account of this very mandate, also has the
writ to take bold initiatives towards
itsrealisation.
On the other hand, for reasons already cited, the
present judiciary’s writ to conduct trials of
General Musharraf appears to be questionable.
That it has already debarred Gen Musharraf from
participating in the upcoming elections, merely
on the basis of presumed guilt, (pending appeal
to the Supreme Court), it is imperative for the
caretaker government to grant an amnesty to
him and that also, promptly. Only this stitch in
time will save nine. This should preferably be a
blanket amnesty but even if partial, he should at
least be immediately granted interim relief to
participate in the elections. Failing to do so,
would be amount to, the caretaker government
falling short on its mandate, denial to Gen
Musharraf of his fundamental right & a
deprivation, for the people of Pakistan.
Of the two most internationally recognized
people of Pakistan, one is Maulana Abdussattar
Edhi & the other one is Gen Musharraf. Pity the
nation, which cannot manage to appreciate, its
heroes.
That prudence should prevail & that the system
should not derail, it is now the call of the
caretaker government of Pakistan to exhibit
statesmanship. Likewise, it’s the call of
reputedly, a maestro of reconciliation President
Mr Zardari (also as a quid pro quo because his
incumbency as president is also courtesy, a
similar amnesty granted by Gen Musharraf, then
the President). It’s also the call of statesmen in
countries, friendly to Pakistan.
Written By:Admin Asad.
Originally Written:April 2013.
Pakistan First!
