by Ansar Abbasi
ISLAMABAD: General (retd) Pervez Musharraf can be tried under Article 6 of the Constitution for his November 3, 2007 action as well as for his October 12, 1999 martial law, but the 18th Amendment gives constitutional cover to the PCO oath taken by superior court judges in 2000.
Although the 2008 parliament scrapped certain parts of the 17th Amendment passed by Musharraf’s parliament in 2004, the 18th Amendment endorses the indemnity of the oath of judges under PCO taken in 2000.
Therefore, as per the Constitution Musharraf could be tried for high treason for twice abrogating the Constitution, once in October 1999 and again in November 2007, but the judges who had taken oath under Musharraf’s PCO in 2000 are protected by the pre as well as post 18th Amendment Constitution.
Musharraf’s 12 October 1999 martial law, which was indemnified by the 2002-2007 Parliament under dictator’s rule, did not get the 2008-2013 parliament’s endorsement but the dictator’s consequent actions including the oath of judges in 2000 under the PCO got complete constitutional protection in the 18th amendment.
Those media commentators, politicians and opponents of the present independent judiciary, who are desirous of dragging others including the PCO judges of the 2000 PCO, in the high treason case are making an unconstitutional demand. The 18th amendment despite having declared the 2000 PCO as unlawful protected the superior court judges, who had taken the said oath, through 270AA (3), which reads as:
Judges of the Supreme Court, High Courts and Federal Shariat Court who were holding the office of a judge or were appointed as such, and had taken oath under the Oath of Office (Judges) Order, 2000 (I of 2000), shall be deemed to have continued to hold the office as a judge or appointed as such, as the case may be, under the Constitution, and such continuance or appointment, shall have effect accordingly;
Judges of the Supreme Court, High Courts and Federal Shariat Court who not having been given or taken oath under the Oath of Office (Judges) Order, 2000, (I of 2000), and ceased to hold the office of a Judge shall, for the purposes of pensionary benefits only, be deemed to have continued to hold office under the Constitution till their date of superannuation.”
Musharraf’s parliament through its 17th Amendment, had validated/indemnified the October 1999 martial law of Musharraf besides giving constitutional protection to all other president’s orders, ordinances, chief executive’s orders, including the Provisional Constitution Order No. 1 of 1999, the Oath of Office (Judges) Order, 2000 (No. 1 of 2000), Chief Executive’s Order No. 12 of 2002, the amendments made in the Constitution through the Legal Framework Order, 2002 (Chief Executive’s Order No. 24 of 2002), the Legal Framework (Amendment) Order , 2002 (Chief Executive’s Order No. 29 of 2002), the Legal Framework (Second Amendment) Order, 2002 (Chief Executive’s Order No. 32 of 2002) and all other laws made between October 12, 1999 and the date on which Article 270AA was inserted by Musharraf’s parliament in 2004.
As the previous parliament could not completely scrap the 17th Amendment, therefore, it gave partial indemnity to all presidential orders, laws etc that justified the consequential actions of Musharraf’s first martial law. The 18th Amendment also did not indemnify the November 3, 2007 action of Musharraf but gave constitutional cover to the general elections of February 2008 as announced by the former dictator.
Pro-war and pro-status quo forces have again tried to hijack the momentum of change through Mushi. Mushi,MQM,TuQ, PPP,ANP,PML etc are pets of pro-war local and international establishment and only those who are totally blind or have deep sectarian and social class prejudices against others support these satans. Its time for PTI,JI and other anti-war/anti-status quo groups to make a meaningful strategy against these forces of evil who brought death and destruction to this country and its people during the last many years.
Musharraf committed many crimes against humanity and his arrival should be used as an opportunity to punish him for these crimes. If he is punished for his crimes from courts after a due process then it will not only strengthen rule of law in the country but it will also help in cooling down some fire in KPK,FATA,Balochistan and other parts of the country.
ISLAMABAD: Top bosses of the NAB have simply vanished to respond to the media queries pertaining to the alleged extreme coercive measures that were said to have been used during the last days on Kamran Faisal that may have led to his sudden death, either by suicide or murder.
Chairman NAB Fasih Bukhari and Director General Financial Crime Wing Kausar Malik, who are alleged to have held an insulting meeting with Kamran Faisal on the night of Jan 16, are neither responding on their mobile phones nor have replied to the SMS messages sent to them.
After repeated efforts the NAB spokesman Zafar Iqbal was, however, helpful to the extent of responding to an SMS message, conveying: “Sorry for late response. In fact I’m still with some guests. As far as you question is concerned, it is totally untrue.”
The spokesman was asked if he could confirm whether Kamran Faisal was brought to Chairman’s office by Kausar Malik where the officer was alleged to have been pressurised to change his report in favour of the prime minister in the RPPs case.
A NAB official, speaking on the condition of full confidentiality, confided to The News that Kamran Faisal was under extreme duress to change his investigation report that had become the basis for the SC’s recent order to get Prime Minister Raja Pervaiz Ashraf and over 20 others arrested in the RPPs case.
The source said that in the evening of Jan 16 Kamran Faisal, who was an assistant director of NAB Rawalpindi, was sitting with his colleagues in the office of Rawalpindi NAB Additional Director Staff officer Shafqat, when he received a phone call from NAB Islamabad headquarter to rush there. Besides others, it is said, assistant director Shahzad was also present.
It is said that the phone call from the Bureau’s headquarter had come from Director General Financial Crime Wing Kausar Malik. After the phone call, Kamran is said to have shared with his colleagues that he was being summoned to Islamabad HQs. On this the NAB Rawalpindi additional director staff officer provided to Kamran the official vehicle Kia Registration No. 4242 to attend this urgently called meeting in Islamabad. The name of the vehicle’s driver was said to be Tariq.
When approached by The News Shafqat refused to discuss anything regarding this mysterious death. However, the source claimed that Kamran reached NAB’s headquarters and went to Kausar Malik’s office where he was told that he should change his report for the sake of the institution’s respect as on the next day (Jan 17) the Supreme Court was to hear the PM’s arrest case.
The source added that Kamran was reluctant to change his report on the wishes of his superior. Later, it is said, Kausar Malik took him to the office of Chairman NAB Fasih Bukhari who was also accompanied by one of the key prosecutors of the Bureau.
In the Chairman NAB’s office, the source said, all the three again pressed him to change his report and suggested to him that he could give the reason that for being upset he had wrongly included the name of Prime Minister Raja Pervaiz Ashraf in the RPPs corruption case. It is said that he was also asked to sign a blank stamp paper.
The source claimed that after his refusal he was asked to leave. Kamran later got back to Kausar Malik’s office and shared with some of his Rawalpindi colleagues what had happened to him. On Jan 17 hearing of the RPPs case, it is said that Kamran was also present in the SC.
Fasih Bukhari was contacted several times but he did not pick up his mobile. Bukhari also did not respond to The News query forwarded to him through SMS mobile message.
Kausar Malik also did not respond to The News. An SMS message sent to him on Friday evening was responded in the midnight conveying that his mobile phone battery got exhausted so “just saw” the message. He promised to coordinate with The News on Saturday but it did not happen despite repeated efforts. Kausar Malik even did not bother to respond to the questions sent to him.
These questions included: a) Will you please explain why did you call Kamran to your office on 16th evening? B) Why did you take him to the Chairman NAB? c) Did you and the chairman pressurise him to change his report?
Meanwhile an unidentified caller from an official number starting with 924 figure had called this correspondent on Friday evening claiming that late on the evening of Jan 17 Kamran was badly scolded by his senior in the Rawalpindi NAB office for refusing to change his investigation report. The caller claimed to be a young officer of the NAB. However, this fact has also not been officially confirmed.
Pakistan’s political dynamics has seen its different colors over the last six decades. The country saw some of the most oppressive military regimes and also some of the most corrupt periods of elected plutocracy. Our history saw struggles between left and right and also became an active player in the cold war period.
Though our politics has been influenced strongly by the foreign masters of our ruling elites. But in that our establishment has always played a vital role either as a proxy rule for foreign powers or as a king maker in local politics, many times the role has been a mixture of both. The honest reality of our history is that this role of our establishment has seriously dented our political culture, damaged rule of law and also harmed our rights as free citizens of this country.
A country which was founded on the principles of justice and equality didn’t live up to the expectations due to the dismal performance of our establishment and their cultivated corrupt political culture based on feudal-corporatist mindsets. Right from the days of Ghulam Muhammad, Pakistani establishment strengthened its hold on the affairs of the state and its politics. Pakistan was thrown into an unwanted cold war and thus it gave up its freedom which it got few years ago into the hands of imperialist forces lead by USA, which at that time took place of United Kingdom as world super power along with its rival USSR.
Initially establishment rule was evenly balanced between civil and military establishments but later on especially after Ayub Khan martial law, military acted as the main force of establishment. Now by establishment we can easily refer to GHQ as main source of political power. Even Fatimah Jinnah, one of the strong political figure of our country and sister of founding father Muhammad Ali Jinnah was not able to defeat this system. But her role in politics did make our establishment to get involved more in party politics or politics of masses. Now if I see things as an ordinary student of politics, foundation of PPP was meant to fill the political vacuum in the country so that those forces including Awami League, Jamat e Islami and others, who opposed Ayub martial law openly could not strengthen their grounds as alternate political reality other than establishment.
This approach worked in West Pakistan due to strong feudal system but failed in East Pakistan so establishment with the backing of feudal political class decided to use force on our own people. And we all know the consequences of 1971 riots and later Indo-Pak war. There was a chance for the nation to learn lessons from the mistakes and change the future course of actions.
But it didn’t happen except for few adjustments, including a real major one of developing 1973 constitution, our political outlook remained same. Zulfiqar Ali Bhutto, who was a product of establishment, who tried to become larger than he should be in the eyes of establishment and also started a nuclear program against the wishes of our imperialist masters, became a liability to the system and so he was removed from the scene through Zia martial law and later hanged till death in a murder case of controversial nature.
Removal of Bhutto, instead of giving some relief to martial law forces became counter productive especially in the province of Sind so a new political reality of MQM was given space and support by military establishment. In Zia’s time not only constitution was treated badly but his use of religion to give cover to his oppressive and hypocrite regime proved to be another major blunder in the history of our country.
Later after the death of General(R) Zia ul Haq, PPP with sympathy votes and deals with local and international establishment came into power. Instead of learning from past mistakes and doing accountability of constitutional violations and corruptions by Zia regime, PPP started a new era of corruption and nepotism in Pakistani politics. They were also joined by their rivals, PML(N) which was a product of Zia remains, in this political culture. This culture saw its ups and downs and political maneuvering by establishment through the formation of IJI and sacking of governments.
In this time Nawaz Sharif of PML(N), also emerged as a big political force through a huge mandate in 1997 elections by bagging 137 seats. Nawaz tried to undermine the unwanted reality of our political history i.e. military establishment and did not follow the line of imperialist master while conducting nuclear tests in 1998,was sacked in a military coup by General (R) Musharraf. In Nawaz’s sacking his controversial 15th amendment and attacks on judiciary also played a key role as these actions weakened the rule of law and supremacy of constitution in the country and thus giving more room for unconstitutional measures by opportunist forces of martial law.
Musharraf rule proved to be one of the most disastrous periods of Pakistani history. In this tenure Pakistan get involved into a foreign war and this war was later dragged into our cities through some of the most evil policies. This war and Musharraf’s rule converted the diversity of our society into a clash between sects, ethnicity and social classes.
Actions like attack on Supreme Judiciary, abrogation of constitution, illegal abductions, extra judicial killings, military operations including heavy bombings on civilian areas, 12 May 2007 and 9 March 2007 and others really broke the back of Pakistani economy and society. The society after Musharraf is more fragmented and country is facing some of the worst consequences of his actions.
Then another foreign sponsored deal, between forces of martial law and feudal-corporatist political elite, resulted in current NRO government. In return of Musharraf’s safety and continuation of his imperialist slave policies, current ruling alliance was not only given power but all criminal cases were removed in the name of reconciliation. In the mean time, removal of Benazir Bhutto from the scene also helped her cronies and beneficiaries of NRO deal to capture more sympathy votes. Despite a report by UN, Benazir murder case is still not seeing much progress except for cover ups.
Our history saw politics of so called Left and so called Right, so called Red and so called Green and also the so called struggle between forces of dictatorships and so called forces of democracy. The reality is most of these setups were fake and were meant to serve the goals of ruling elite and their foreign masters.
Old games are now again being played by our ruling elite with assistance from foreign masters. Former dictator Musharraf is planning to come back into politics. Pir Pagara has also started his alliance of failed politicians in the name of uniting Muslim League.
PPP and allied parties are still playing their dirty games to strengthen their rule through fear and control politics as a result a commercial hub like Karachi is seeing one of the worst periods of target killings.Institutional corruption, high inflation and a huge government-created energy crisis to pave way for their corruption in Rental Power Projects are putting us into further economic disaster.
Natural resources and assets are on sale for nothing and again our nation is being fooled just for the monetary gains of few.So called opposition comprising of PML-Q and PML-N are busy in playing their hypocritical role. People are still not able to come out of their prejudices and short term greed and so giving strength to this system through “Zindabad” mentality.
Even floods have not changed the situation much. Supreme Court, which has provided some hope after restoration is being sidelined by government and institutions. Lawyers and media which emerged as a new force in national politics are now being divided through money and threats. Government involvement in SCBA elections and threats to media are examples of this approach. Situation in Afghanistan will come with its own dynamics and impacts on Pakistani politics.
Luckily few good things happened in recent times including the revival of civil society, emergence of free and resilient media, and an independent Supreme Court. These are real challenging times for those who love freedom and justice. These include all those who are struggling for rule of law, justice, accountability, freedom and respect for nation, and above all a better Pakistan. Lot is needed to be done and it seems to be an almost impossible task but lets hope for the best as we are responsible for our actions and decisions not the given conditions and out of control realities.
By Faisal Rahman
General (R) Pervez Musharraf, has launched his political party recently in London. Pakistan’s politics is amazing, a dictator who was all in all in his time and used to stop people from taking part in politics or coming back in the country is now forced to restart his politics from abroad.
Public opinion is divided in Pakistan over the comeback of Musharraf. It will surely not be an easy ride for him in politics. Arrival and stay in country will not be an easy task for the former dictator.
First and the biggest hurdle that will haunt him is 3rd November. It is something over which many sections of society, regardless of their social class and political affiliations, oppose him. 3rd November issue is not only related to the suspension of constitution and illegal sacking of the judiciary, but it also connects to several human rights violations to crush the lawyers movement, media and civil society.
Lal-Masjid operation, extra-judicial killings in Baluchistan, allowing US drone and missile attacks in Pakistan, NATO supplies and troops in tribal areas have put Pakistan into a real mess. The damage he did is so severe that even after two years we are facing the deadly impact. The violations of human rights in his tenure are probably worst in the history of Pakistan. Issues of missing people, particularly Dr. Aafia Siddiqi, will surely haunt him when he comes back.
The post 9/11 policies, which were mainly adapted to give legitimacy to Musharraf’s dictatorship in the eyes of world powers, have caused more than 40 billion dollars direct economic losses to Pakistan, according to government’s own sources. In Musharraf’s tenure, the real areas of economy such as agriculture , technology manufacturing and energy were not focused upon. As a result, we are undergoing food and worst energy crisis ever.
Some impression of stability was created through fictitious economy based on banking, real estate and telecom sector, which eventually resulted in the flight of capital and currency devaluation. This short sighted approach may have got him some political support, but for the country, the approach proved to be destructive in the long run. In fact, the economic bubble burst during the last days of his tenure.
Kashmir is another issue on which Musharraf needs to be questioned. According to APHC leaders, Musharraf damaged the Kashmir cause by sidelining the issue. The main leader from APHC, Syed Ali Shah Gillani, also accused Musharraf for the split of APHC. Keeping eyes close on India’s violations of Indus Water Treaty and letting India build dams was criminal negligence. His mishandling of Dr. AQ Khan’s issue and insulting the national hero will also not be forgiven by Pakistanis.
People including me often criticize the current setup, but we also need to see the cause of this mess i.e. NRO. We shouldn’t only see the ugly dry branches of the dead tree but also need to see who is responsible for the hot water going into roots.
Musharraf’s arrival is very important for Pakistan, as we need answers for many crimes he did against the nation. His arrival is important for strengthening rule of law as it will give chance to trial him for his unconstitutional actions. I am sure if people in NWFP and Baluchistan get a chance to file cases against him in the courts for his crimes against humanity, it will help in calming down the situation in many parts of our country. It will give a chance for Army to restore its image in the eyes of many, who have grievances against the national institution due to the policies by former dictators.
Musharraf’s arrival will also be a big test for our civil society, media and the Pakistani nation as a whole. It will give us a chance to set precedence of indiscriminate justice and rule of law. I hope we will take the right decisions without falling to our prejudices and greed.
KARACHI: The trial of Dr. Aafia Siddiqui has taken a bizarre turn when a witness’s testimony came out to be different from the one given by American official Captain Schnieder, reports DawnNews.
Furthermore, an FBI agent testified that they did not find Dr. Aafia’s finger-prints on the rifle.
The US federal court in Manhattan heard Aafia Siddiqui and 5 other witnesses. Dr. Aafia told the court that she is being misrepresented by the prosecutor’s statement regarding the things she has said about America, that only negative thoughts are being portrayed.
According to DawnNews’ correspondent in New York, Masood Haider, the court heard witnesses who saw the incident including an Afghan interpreter, Ahmed Gul who became a green card holder in 2009 and was processed by the American government and now lives in New York. Abdul previously claimed that he saw Dr. Aafia shoot at the US soldiers.
There was also a cross examination of witnesses and forensic experts and FBI. On the second day of the trial, four witnesses came under cross-questioning.
In the previous hearing, Captain Schnieder told the court that Dr. Aafia shot at him while she was on her knees.
But on the second day of the trial, Ahmed Gul told the court that Dr. Aafia was standing when she fired the gun and the gun was pointing at some other official.
The Afghan interpreter also told the court that he has been granted a green card and has been settled in America by the officials who brought him to testify in the trial.
During the hearing, one FBI official told the court that they found Dr. Aafia’s fingerprints on the documents but not on the gun, Masood Haider said.
Dr. Abdul Qadeer Khan has written a must read thought provoking article on 1971 Independence of Bangladesh.