When the army means business
Taj M Khattak
Tuesday, September 18, 2012
Commenting on Naval Appellate Tribunals, where some convicted by a court- martial were given relief on appeal, former president Pervez Musharraf once made a tongue-in-cheek remark: “When we court-martial someone in the army, we mean business and do so to fix him up properly.” Since that generally seems to be true, the dice is loaded against the three general officers now facing court-martial after being recalled into service from retirement and any insinuation that they are being shielded is unfair and misplaced, at the very least.
There will be no hair-splitting arguments during hearings by well-heeled lawyers or observations by the bench on various articles of the Constitution and no lengthy adjournments. In fact, the accused will be lucky if the members of the court (or the bench, if you like) had passed their military law paper for promotion from captain to major on first attempt, such being disdain of young officers towards matter of law, which over time sadly nurtures into a mindset of November 3, 2007.
Two of the three officers are of the rank of lieutenant general, which is nearly as high as one can get in the armed forces. The next higher and last rung of the ladder, as per our belief, is in the hands of Providence, albeit with no minor shenanigans from earthlings below. If the lapses of such senior officers are discovered so belatedly and are as serious in nature to warrant their court-martial, then something has gone amiss in the military’s internal accountability process, so forcefully defended by Gen Musharraf on every possible occasion. Their retired status would matter little as they still served at the pleasure of the service chief.
Some countries like France and Germany have done away with court-martials in peacetime and try everyone under one legal system. In India army courts can try uniformed personnel for all kinds of offences, except murder and rape of a civilian. Court-martials of senior officers in the Indian army is nothing new where up to 16 major generals and lieutenant generals have been censured so far, including one for stealing the affection of a fellow officer’s wife, a thievery in which we excel wearing all hues of fabric, but any further comment would be a digression too far.
From what has appeared in the media, the reported irregularities are mindboggling and unbelievable. More alarming is the fact that, although discovered belatedly, the accountability process now set in motion is not an outcome of the military’s own cleansing drive; rather it is perceived as reluctant action in response to incessant pressure from the Public Accounts Committee of parliament and media. The PAC had earlier directed the National Accountability Bureau to proceed in the matter but recent remarks by chief justice about functioning of the National Accountability Bureau make the national scene more depressive and murkier. In less corrupt times, late Gen Yahya Khan and Lt Gen A A K Niazi both repeatedly asked for court-martials as their fundamental right for determination of the roles played by various actors in the 1971 debacle, but were refused by the rulers of the time.
The accused in the NLC scam are both military officers and civilians, and are to be tried separately under military and civil criminal laws. It remains to be seen how the two courts balance out the burden of crime and responsibility fairly between military personnel and civilians and yet meet the ends of justice. The reported reluctance of the GHQ to hand over evidence of the case for trial of the civilians might make this task more challenging. The difference of opinion on this and on issue of trial of military personnel by a civilian court is understandable. While the COAS would probably like to get done with this unpleasant task as soon as possible, belated as it has been, some other lobbies may have a vested interest in dragging the military through the mud in full media glare. It must have been difficult for General Ashfaq Pervez Kayani to throw his former colleagues under the bus, but such are the wages of an extension in service.
In January 2011, Lt Gen P K Rath of the Indian army was sentenced by a court-martial in a case known as Sukhna land scam. The example was later cited by Chief Justice Iftikhar Muhammad Chaudhary during a hearing and he urged Pakistan to follow that precedence. That, of course, was before young Arsalan journeyed to Monte Carlo, a name which evokes memories of a 1944 movie Casablanca. In one scene, a law-enforcing officer (Humphrey Bogart), bursts into a vice den and feigns shock at the ongoing gambling activity. As the casino owner recovers from the shock of the raid, the nearest table attendant, sensing a delicate moment, instantly thrusts a wad of currency notes in the inspector’s hands and declares, “Your winnings, sir.” The inspector pockets the money with a bland “Thank you very much indeed” and carries on.
There was a time when uniformed men and civil bureaucracy would aspire for higher positions for dignity and honour and earn an honest living. That has changed a lot as the major inspiration to climb up the ladder of success nowadays is for material gains, fair-or-foul be damned. If we really loathe corruption, the civil society will have to downgrade its recognition of the corrupt and shun them as they deserve no respect. They are the scum of the earth who bring bad name to the institutions they serve and create living hell for their families.
The summary nature of the military law notwithstanding, the accused in this trial should get full justice. It should not strengthen any perceptions that they have been made scapegoats to distract attention from the unprecedented corruption of this government. The navy is still reeling from the Agosta-90 scam, but over time anger against errant officers began to cool down as the political tier, the major beneficiary, went laughing all the way to the bank, and actions against others in sister services, with no less serious charges, were ignored.
This trial should also not be an end in itself but the beginning of a cleansing process. For every name which surfaces in the media there are many in the background who might have been craftier in covering their tracks, which has now become something of a fine art in Pakistan. Big names continue to surface from time to time but there actions are always brushed aside as an old story. There might be difficulties with the extent of disclosures in some cases, but heavens will not fall.
The state has to be detoxified of this poison, so let us get to the facts “preposthumously” on some known skeletons in the cupboard, while we can. For success, however, the government will have to get serious and reorient itself from the prevailing pro-corruption environment to a decisively anti-corruption one. It does not help the anti-corruption cause when the Supreme Commander of the Armed Forces is himself tainted and the prime minister has “Rental” as a sobriquet. All pillars of the state have to measure up to the same level of moral conduct in the struggle against corruption.
It is true that in a democracy it is the politicians who take political decisions and the military just obeys. For this to work harmoniously, however, the politicians ought to grasp the full measure of the military and for the military to have full confidence in the moral and intellectual intensity and extensity of its civilian masters. These two have to be fine-tuned to avoid a yawning gap which spawns civil-military frictions and works against traction of democratic traditions on a sustainable basis.
The ordinary jawan in the army is a priceless asset and one of the very best human resources in the world. We have already lost over three thousands of them and still passing through difficult times. The army as a national institution is much bigger than the three general officers now in the dock or its COAS. The jawan gives up his life for his faith, flag and country. It is our national responsibility not to have him waivering from his resolve, something we must not lose sight of while pontificating on this trial.
The write is a retired vice admiral. Email:
tajkhattak@ymail.com
.. Now tht everyone knows, u have blind hatred for military which defies every logic...try to come up with something better next time..which would make u appear a lesser fool than this one...coz here, you have only exposed yourself by defying every logic..
..U think punishment was less than he deserved...but..Would to like to plzz tell..how many terrorists have been punished by civilian courts..by so called independent judiciary..in these 10 yrs? Civilian courts have released terrorists..on even more grave crimes 
.. But before tht, what abt the accountability of democatic govt itself? Accountability of Zardari? Wht credibilty does Zardari's govt have? What abt Hussain haqqani..who is enjoying life in US...even being confirmed traitor by a "civilian judicial commission"( (i-e Memo commission)..but these civilian court..still couldnt call him back to Pakistan yet...and start his formal trail and he continues to bark against Pak, from US...
Atleast military did recall their retired officers and started investigations against them....
