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
udges 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 its realization.
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.
Written In: April 2013.
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