A Way out
By Dr I. Kamal
CA
“He that is without sin among you, let him first cast a stone ……..”
- John, Chapter 8, Verse 7
An excellent, thought-provoking editorial in the Lahore Times dated January 14, 2014 laments how the Musharraf trial is dividing Pakistan, and concludes with the hope that the “Government and the army will one day agree on a way out of this crisis that prevents each of them from losing face.”
Parvez Musharraf is currently being tried under Article 6 of the Constitution of Pakistan, which was promulgated in April 1973 and came into effect on August 14 of that year. The first person to trample on this constitution and impose martial law in the country on July 5, 1977 was General Ziaul Haq, who is reported to have described the constitution as a “kaaGhaz ka cheethra” (piece of rag paper).
And what a martial law that was: with barbaric whip-lashing of poor people in public for “crimes” for which the high and mighty got off with impunity, and cruel punishments meted out to women under the misuse of the zina and hudood ordinance, including the conviction of a 13-year-old blind girl, who was raped by her employer and his son, for adultery whilst the rapists were acquitted. The conviction was set aside only after widespread protests and international pressure. The mental tortured meted out to Zuljiquar Ali Bhutto prior to his execution has been vividly described in Tehmina Durrani’s book, “My Feudal Lord”. Ziaul Haq also fomented insurrection in neighboring Afghanistan, over matters which had nothing to do with Pakistan, accepting several million refugees and laying the seeds of the drug and klashnikov culture, which changed the very picture of the country. These were crimes for which the country is still paying a very heavy price, every day. In contrast, Parvez Musharraf’s rule for a couple of years prior to the nationwide elections and restoration of parliamentary democracy in 2002, can at worst be described as a benevolent dictatorship.
Many of the politicians and political dynasties in Pakistan owe their origin to the rule of General Ziaul Haq, and it is doubtful whether they would have risen to any prominence had it not been for the rule of General Ziaul Haq. Photographs are currently circulating on the Internet and social media showing these politicians in close consultation with him, vowing to fulfill his mission, and so on.
Currently, Parvez Musharraf has been singled out for trial under Article 6 of the constitution of Pakistan, which holds aiders, abettors and collaborators equally guilty of high treason. As no start-date has been defined, its validity reaches back at least to the date on which the 1973 Constitution became law, and includes the rule of General Ziaul Haq. As a number of legal experts, human rights activists and senior journalists have pointed out, there are several flaws in the case against Parvez Musharraf. Former president of Supreme Court Bar, Asma Jahangir, is reported to have said at a televised news conference that she knows the judges on the tribunal which is trying Musharraf. "They are slapping their foreheads and privately saying they don't have a clue about the applicable laws in the case". "These clueless judges are being asked to render precedent-setting judgment", she added. She called the tribunal a "Kangaroo Court" and added that the "next military coup won't be bloodless. Next military ruler won't relinquish power for at least 20 years".
The flaw which even Musharraf’s opponents are pointing out in the case against him is its selectivity. Many of them are saying that the trial should go back to October 1999, when Musharraf was first catapulted into office by the course of events. As a matter of fact, justice will not be seen to have been done until the start date goes back to July 5, 1977, when the 1973 constitution was first violated. Several politicians, ministers in the PPP and PMLN governments which followed Musharraf’s, members of the judiciary, including the last Chief Justice of the Supreme Court, the executive branch of the government and retired and serving members of the armed forces would be involved.
What’s the way out? One solution would be a mass or individual trial of all those involved in the act and in aiding, abetting and collaborating - something which the country cannot afford. In my opinion, the most practical and beneficial solution would be the one hinted at by Mr Zahid Husain, author, political thinker and senior journalist of Pakistan in a TV talk show, “Live with Talat” on January 12 th, 2014. Mr Zahid Husain has suggested that in a situation where “is hamaam mein sab hi nangey hain”, something along the lines of a “Truth and Reconciliation Commission” is required for this matter to reach closure in the minds of the public. This would enable all the present and future leaders of the country to start from a clean slate and confront the real problems facing them: putting an end to terrorism and corruption, restoring law and order, and eliminating poverty.
It pains one to see a sincere, truly patriotic and honest person being subjected to selective justice and vendetta:
Rakhyo ‘Ghalib’ mujhay is talKh nawayee sey muaaf
Aaj kuchh dard meray dil meiN siwaa hota hai
(Please forgive me for this hard talk, ‘Ghalib’!
Today, the pain in my heart is waxing high!)
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