Army should put Pervez Musharraf under trial

[Interceptor]

Army should put Pervez Musharraf under trial: Akram Shaikh

Updated at: 2020 PST, Thursday, July 30, 2009
ISLAMABAD: Justice Iftikhar Muhammad Chaudhry Thursday said the Supreme Court is competent to declare Pervez Musharraf’s steps as unconstitutional but it cannot award punishment because it falls under separate rules of law.

During the hearing of judges appointment case, the CJP said the court wants to dispose of the case by tomorrow.

Akram Shaikh Advocate giving his arguments said Pervez Musharraf violated his oath as Army Chief, so the Army should take action against him under the Army Act.

He said Pervez Musharraf who was under the Army oath had no permission to engage in any political activity and the steps he took on November 3, 2007 are unconstitutional.

Akram Shaikh asked the court to suggest the government to administer fresh oaths to Air Chief, Naval Chief and Joint Chiefs. He said the Army should put Pervez Musharraf under trial. On this, Rasheed A Rizvi said the Bar has a different stand on the issue; it wants to try Pervez Musharraf under Article 6 for treason.

Hamid Khan presenting his arguments before the court said the SC can declare former military ruler Pervez Musharraf’s steps on November 3, 2007 as unconstitutional and can put him under trial for treason.

Justice Shahid Siddiqui, one of the 14-judges hearing the case, observed that it is up to the Parliament and the nation to try Musharraf. The CJ, during the arguments of Hamid Khan, said that at least 41 steps were taken “unconstitutionally” after the imposition of emergency rule on November 3, 2007, by the then military ruler General (r) Pervez Musharraf.

Later, the hearing was adjourned till 8:00 am tomorrow (Friday). The Attorney General of Pakistan will present his arguments before the court tomorrow.

Army should put Pervez Musharraf under trial: Akram Shaikh

 

[blain2]

Why Musharraf alone?
By Murtaza Razvi
Thursday, 30 Jul, 2009 | 08:27 AM PST |

What we need is a truth and reconciliation commission if the demons of the past are to be exorcised.

Remember them, anyone? What happened to the puppies he sported in the first weeks in power? Given our sudden desire for punishing Musharraf, he could now also be accused of first using them to offend the faithful and then abandoning them to their fate as he made off to London. Animal rights activists of civil society, please step forward.



The cacophony surrounding the demands to bring the former president-general to justice makes a spectacle of the way we do politics. Retribution, when it is a one-sided affair, is vendetta; and justice cannot be served by certain individuals in power bent on settling scores, albeit with a wrongdoer.



It is a sorry commentary on our system that an independent judiciary should now appear to succumb to popular demands as opposed to the wishes of autocratic rulers in the past. In doing so the so-called ‘doctrine of necessity’ will still seem to be playing itself out, where the popular will can be seen as replacing the shackles put on the judiciary by autocratic rulers earlier on. It is well worth asking: what, then, has changed since the dawn of this new brave era of democracy, post-Musharraf?



Public memory anywhere is short-lived. In Pakistan it is also steered by the shortsightedness of those who insist on erasing it from the record altogether. The transition to democracy is hardly a fait accompli as we speak. Democratic institutions weakened by Gen Musharraf’s tinkering with the constitution are far from being stable entities today. While anyone in their right mind must blame the general for the mess at hand, the judiciary should also show the moral courage to shoulder its part of the blame.


The fact that it was the Supreme Court headed by the same honourable chief justice which gave Gen Musharraf the right to amend the constitution single-handedly in May 2000 cannot be overlooked. This was far more than what the then chief executive had expected to get from the apex court; he had just sought indemnity for the circumstances under which the Oct 12, 1999 coup took place. The general himself did not stage the coup from mid-air, aboard a PIA commercial flight which was not even in Pakistani airspace when the 111 Brigade struck to depose the prime minister.



How could the same judge(s) now be prevailed upon by those wishing to settle vendetta against the general to indict and punish him for a deed, and all that followed it, for which he was only partially responsible? When the dust kicked up by Musharraf’s opponents settles, public sensibilities based on moral grounds can equally challenge the judiciary’s acquiescence in the whole sordid affair. Can the judiciary survive yet another fall from grace in the public eye that history books will ultimately assign it if it succumbs to the temptation of punishing someone who was also its tormentor?



Speaking of tormentors and violators of the constitution, and of public trust, there have been many. Any attempt at retribution in the past has only remained just that. Remember the post-1971 Hamoodur Rahman Commission Report, which has only gathered dust all these years? No one, including Zulfikar Ali Bhutto’s fiercest opponents, has had the courage to act on the facts ascertained in that document, and bring those held culpable to justice. Before that, the Liaquat Ali Khan murder and subsequently, the Zia plane crash still remain shrouded in mystery. What the very expensive UN commission on Benazir Bhutto’s murder will accomplish in real terms will be also there for all to see.



In the 1990s — that brief interlude when democracy struggled to strike root — we also saw the then discredited policies pursued by the elected leaders who were readily manipulated by the civil-military establishment to their own disadvantage. In the process, besides using the judiciary to set up their rivals in courts of law, presidents and army chiefs were removed, the Supreme Court was attacked, a chief justice was humiliated and thrown out of office.

Then, the removal of the last army chief proved a case of one too many; the army for the first time struck as an institution, and not as an instrument of its commander’s ambition to pack up a democratic order that had become more of a disorder. The tragedy is that Pakistan’s elected leaders have also acted like autocrats.



While no military coups can ever be justified, especially when our ambitious generals have overstayed their welcome every time they overthrew a government in the past, the popular perception of politicians’ failings has also remained a sad constant. Democracy does not mean a free-for-all arrangement; it means first and foremost, living up to the people’s expectation, leading to good governance. It also means engagement and dialogue aimed at consensus-building among political and social stakeholders, which should lead to effective and transparent governance that is accountable to voters.



Given our sudden zeal for retribution, and the sense of urgency that some are attaching to bringing the autocratic Gen Musharraf to justice, what an ailing polity like Pakistan really needs is a consensus-based truth and reconciliation commission if the demons of the past are to be exorcised. Such a commission must be representative of all political parties and opinions, including those of marginalised and consistently wronged sections of society. Among such groups, the poor, women, the religious minorities, the Baloch and the Ahmadi community readily come to mind.

If the urge is so strong today to start with a clean slate, all old and new holy cows must be brought to the altar of justice which, when dispensed, must also be seen by all to have been done.


The writer is the author of Musharraf: the years in power, a
political biography.

 

[Arun tevar]

He should b 1st punished for the blunder that he did during kargil,where brave soldiers of pakistan were first called as non state actors and even the bodies of the martyrs were accepted and only later after int pressure did pakistan accept its soldiers.

 

[third eye]

He needs to be put on trial for having violated the Army Act ( I am sure there must be one in Pk) which must surely not be permitting the Chief of Army to overthrow an elected govt and the resultant indiscipline it manifests in a uniformed force.

I stand by my views expressed in the thread below:

http://www.defence.pk/forums/members-club/28143-dictators-military-discipline.html

 

[Muradk]

Akram Shaikh Advocate giving his arguments said Pervez Musharraf violated his oath as Army Chief, so the Army should take action against him under the Army Act.

Akram Shaikh Advocate is now acting as a saint he forgets that a cheap whore like Reema told him to Fuc-off because she made tapes on him .
Now lets come to the topic
When a Cadet becomes an Officer he takes a OTH that he will protect the country from any out side influence or Inside the country. His job is to protect the country from any foreign or local threat. My student was the co pilot of that plane which Nawaz Sharif ordered that this plane is not to land let it crash. Now what kind of Prime Minister would try to kill 280 people on the plane. Thanks to the pilots they knew the FOBs. What Musharaf did was right do you guys actually know the OTH of COAS. Well the bad thing was when he took over he should have hanged both brothers but the Saudis came to there rescue.
Now Nawaz brother are suddenly saints. If Musharaf is guilty than they are too.

 

[Muradk]

Don't you think that Mushy knew this will happen eventually, That is why he made Kayani the COAS and Pasha the COISI these 2 are his shields, No one not even the CJ can say anything to Mushy, Last thing any body wants is to finger the 20th most powerful man in the world.
I don't think so.

 

[fatman17]

the army takes orders from the CoAS - then if Gen. Musharraf is guilty, then so is every General, officer, NCO and Jawan of the army for implementing the orders of the CoAS.

Lets go the whole hog! lets get rid of every member of the armed forces for implementing the orders of the then president and CoAS.

 

[Fracker]

So Akram Shaikh Advocate don't know Army did back Musharaf on every step? Nothing going to happen, Musharaf will stay in UK for a while, and sooner the PPP regime will end and Musharaf will be back in politics with the bang (matter of fact still many people think he is better then many).

Musharaf is 10000 times better then zardari who actually have much experience of running the 4 largest army of world. While Zardari's BA degree was also a fake one and well known for corruption. CJ also don't really seem to do anything for the people of pakistan, 1st he stopped electricity price hike, then let them go to increase the prices. He stopped Carbon Taxes and very next day the President Order came for the increment of the oil prices. So we can expect this as well, that CJ will declare Musharaf culprit and zardari will give clean certificate (according to President power) to Musharaf (to protect his NRO)

This democratic setup seems to be a topi drama nothing else, where every one is sitting and eating. PPP given share to the other parties. Largest cabinet of the world with the progress Zero.

 

[Spring Onion]

PML-N people have gone nuts. Their fake ego against Army has ruined their brain if any leftover.

If Mr Akram shiekh says so then we would have to strat the count from Yaha to Ayub and then come down to Musharraf.

Although the court has acquited Nawaz of hijacking case but the Pilot of the Airplane is witness and says that it was Nawaz who orderd for diverting the plane.

 

[Fracker]

Although the court has acquited Nawaz of hijacking case but the Pilot of the Airplane is witness and says that it was Nawaz who orderd for diverting the plane.

there are many more things in this case like even NS's advocate accepted that NS order to divert plane to different direction, yet Ch. Sahab given order in favor of NS...

 

[waraich66]

PML-N people have gone nuts. Their fake ego against Army has ruined their brain if any leftover.

If Mr Akram shiekh says so then we would have to strat the count from Yaha to Ayub and then come down to Musharraf.

Although the court has acquited Nawaz of hijacking case but the Pilot of the Airplane is witness and says that it was Nawaz who orderd for diverting the plane.

No body should be out of law, nawaz already faced the trail for hijacking and supreme court dismissed allegations.

Now musharaf and his whole team should face the court and tell the truth to nation.

 

[waraich66]

the army takes orders from the CoAS - then if Gen. Musharraf is guilty, then so is every General, officer, NCO and Jawan of the army for implementing the orders of the CoAS.

Lets go the whole hog! lets get rid of every member of the armed forces for implementing the orders of the then president and CoAS.

COAS and all core cammanders only responsible for any wrong action why every member of armed forces is responsible?

 

[Spring Onion]

No body should be out of law, nawaz already faced the trail for hijacking and supreme court dismissed allegations.

Now musharaf and his whole team should face the court and tell the truth to nation.

Indeed. After Lawyers movment became political one. There is less credibility left in the decision made or going to be made.

Nawaz even attacked the Supreme Court and that case still needs a fair trial.

 

[waraich66]

Don't you think that Mushy knew this will happen eventually, That is why he made Kayani the COAS and Pasha the COISI these 2 are his shields, No one not even the CJ can say anything to Mushy, Last thing any body wants is to finger the 20th most powerful man in the world.
I don't think so.[/QUOTE

I think Kiyani and Pasha will not interfer in supreme judgement.

 

[XYON]

Akram Shaikh Advocate giving his arguments said Pervez Musharraf violated his oath as Army Chief, so the Army should take action against him under the Army Act.

Akram Shaikh Advocate is now acting as a saint he forgets that a cheap whore like Reema told him to Fuc-off because she made tapes on him .
Now lets come to the topic
When a Cadet becomes an Officer he takes a OTH that he will protect the country from any out side influence or Inside the country. His job is to protect the country from any foreign or local threat. My student was the co pilot of that plane which Nawaz Sharif ordered that this plane is not to land let it crash. Now what kind of Prime Minister would try to kill 280 people on the plane. Thanks to the pilots they knew the FOBs. What Musharaf did was right do you guys actually know the OTH of COAS. Well the bad thing was when he took over he should have hanged both brothers but the Saudis came to there rescue.
Now Nawaz brother are suddenly saints. If Musharaf is guilty than they are too.

Akram Shaikh Advocate is a paid PITHOO of Sharif Bradaran! He is being instigated by Nawaz Sharif who still cannot let go of the memory of his humiliation by Pervez Musharraf!