Musharraf: Free to leave the country?

http://blogs.tribune.com.pk/story/19522/musharraf-free-to-leave-the-country/

After nearly six months of being in a sub-jail (read, residing comfortably in his Chak Shazad Farmhouse), former President and General (retired) Pervez Musharraf is finally free. His sub-jail was de-notified upon submission of merely two surety bonds of Rs100,000 each.

Many believe that much like his arrest, his release is part of a script. The arrest, notification of the farmhouse as a sub-jail and speedy justice delivered at the doorstep of the former president, is a deviation from the past actions and attitudes of the higher judiciary that gave no such concessions to the likes of former Prime Minister Benazir Bhutto. However, there have been exceptions in history and leniency has been granted to politicians. One such example is former President Asif Ali Zardari, who was allowed an air-conditioner in his room in jail, which was upheld in the reported judgement of the Sindh High Court in PLD 1999 Karachi 162.

However, even that cannot be compared to the treatment that General Musharraf received. While the ‘prison’ treatment was special, the welcoming party of General Musharraf only consisted of a few dozen supporters, whereas those of Mohtarma Benazir Bhutto, Prime Minister Nawaz Sharif and Imran Khan have always been in the tens of thousands. At the end of the day, it is those supporters that will make a difference.

This is the true beauty of democracy; something which is difficult for a usurper to fathom.

All the same, there seems to be a general misconception that General Musharraf is a free man, stemming from the statements made by his counsel, Mr Ilyas Siddiqui.

The former general is not free. At least, not until the courts adjudicate in his favour and free him of all charges and cases filed against him.

Yes, he is free to the extent that he can move freely within Pakistan, but he cannot travel outside Pakistan since his name has been placed on the Exit Control List (ECL) which is governed by the Exit from Pakistan (Control) Ordinance 1981, giving power to the federal government to place persons on this list without show-cause.

Although this restriction to travel outside Pakistan violates Articles 14 and 15 of the very constitution that was abrogated by the then General Musharraf, the same can be justified if it can be proven that it is in the public interest for his name to be placed on the Exit Control List.

Of course, many argue that the need of the hour is not incriminating General Musharraf or punishing him. Rather, it is solving the energy crises, the economic problems, the law and order situation and establishing the writ of the government in all of Pakistan by eliminating terrorism. As Barrister Ahmed Raza Kasur, senior member of General Musharraf’s political party reiterates time and time again,

“Riasat bachao, siasat nahi!”

(Save the state, not politics!)

Although there are many who agree with this and feel that the government should not allocate too much time thinking about General Musharraf; there are still some who believe that just as these problems must be fixed, General Musharraf’s case must also be dealt with, in the due process of law.

However, history shows that theory and practice do not always conform. Moreover, the statements of the government have been vague and diplomatic, to say the least. Although they continue to state that the due process of law should be followed, there seems to be no clarity regarding the fervour with which the government will pursue the cases and allegations filed against the former general.

One must appreciate that when General Musharraf successfully carried out the coup d’état of 1999, the current prime minister was taken to Adiala jail after being ousted, but eventually allowed to leave Pakistan and reside in exile in Saudi Arabia, despite the number of pending cases against him.

There has been news circulating for many weeks that General Musharraf’s mother has been ill and that he wishes to travel to Dubai to meet her.

If Prime Minister Sharif wants, he can allow Musharraf to travel abroad as he has the power to issue the notification to place a name on the Exit Control List. There have been many judgments in the past by the honourable high courts which have allowed others to travel outside Pakistan, despite their names being on the ECL.

Hence, if Prime Minister Nawaz Sharif decides to return the favour, General Musharraf will travel outside Pakistan. And then, there is no telling whether he will come back or not.

http://blogs.tribune.com.pk/story/19522/musharraf-free-to-leave-the-country/

PPP’s Boycott of Presidential Elections, a Disappointing Decision.

The transition from dictatorship to democracy, the smooth transition of power from the elected government to the caretaker setup, and the newly elected members coming in to power was the first of its kind in the colourful history of Pakistan. President Asif Ali Zardari showed utmost maturity in not deterring from his promise of upholding Benazir Bhutto’s ideology.

It was after the new government came into power when the Pakistan People’s Party (PPP) announced that it would accept the results of the 2013 general elections that I started to understand why giants like (late) Iqbal Haider, Aitzaz Ahsan and Raza Rabbani chose to join and continue to serve masses through the Pakistan People’s Party platform.

The text of the Charter of Democracy which was signed in London on 14^th May, 2006 by Benazir Bhutto and Nawaz Sharif affirmed their commitment to strengthen democracy in Pakistan at a time when it was in the clutches of a military dictator.

But on 26^th July 2013 when the PPP announced its decision to boycott the Presidential Elections, it seemed that the resolve to strengthen democracy is only there when there is a clear chance of winning.  The decision is highly disappointing and all its efforts to strengthen democracy have fallen from grace. Democracy, it seems, was just a tool to gain popular support because of which PPP can most certainly be accused of drifting away from the ideology of Benazir Bhutto. Other than the general elections of 1985 under General Zia-ul-Haq’s regime, it is not known to me whether Benazir Bhutto ever boycotted any other election or even supported the idea of boycotting elections and not taking part in the democratic process.

The Pakistan People’s Party came off as champions of democracy on a number of occasions in the past 5 years. The resolve to remain firm to the ideology of Benazir Bhutto was evident when just two days after her funeral, PPP, announced that it would not boycott the elections of 2008 and Bilawal Zardari himself reiterated the words of his mother: “democracy is the best revenge.”

Despite threats to the PPP by the TTP due to which it was unable to campaign to the best of its ability, PPP, did not boycott the 2013 elections the result of which was better than expected and PPP today is not only still in power in Sindh but also the second largest party in the National Assembly and the Leader of Opposition.

It is without a doubt that due to the decision of the Honourable Supreme Court, parties other than Pakistan Muslim League – Nawaz (PML-N) would not get a level playing field in the Presidential Elections. Accusations have been made by different parties that the PML-N candidate, Mamnoon Husain, is using the State’s resources in his campaign along with the fact that other PML-N elected members have been campaigning for him. Taking into account the accusations and the fact that PML-N is the party in the government, it was more likely that Mamnoon Husain was the likely victor. In my opinion the secrecy of the ballot would not have turned the tables to such a great extent.

In any event, it is also unfortunate that today the PPP is criticizing Mamnoon Hussain for his party affiliation. Whereas, Asif Ali Zardari, resigned as co-chairperson of PPP in March 2013, Mamnoon Hussain has announced he would resign immediately upon securing the Presidency. To me, even Mamnoon Hussain’s promise is of no significance. But then again two wrongs don’t make a right. It would have carried weight had he resigned two years prior to being nominated.

However, the decisions of the parties had been made and the polling results are coming in. Even though they merely exercised their right, being a party that has stood for democracy, PPP should have participated in the elections even if they were doing so in protest like Pakistan Tehreek-e-Insaf. Both parties could also have negotiated and put forward a candidate who they could have agreed upon and had I not been aware of the courts’ apparent bias, I would have suggested PPP recourse to court. Regardless, boycott is no solution. 

Malala’s Speech & Pointless Criticism

Social Media’s Tour de Force and Military Intervention in Egypt

The Egyptian Army taking control of state owned TV channel and newspaper before taking control of Egypt’s Republican Guards Headquarter yet again proves Edmund Burke right when he referred to the Press Gallery of the House of Commons as the Fourth Estate.
The role of media has yet again played a major role in organizing and facilitating the President of Egypt to be overthrown and the fact that when the Presidency had been overthrown, its attempt to address the people through Twitter pays testament to the power of social media.
General Abdel Fattah al-Sisi (who has the support of Coptic Pope and Sheikh of Al-Azhar) announced that President Mohamad Morsi has been removed and the constitution has been suspended. In the announcement that came just three days after President Morsi’s first anniversary in office General Abdul Fattah also announced that the Constitution would be amended and that the Chief Justice of the Constitutional Court, Adly Mansour, will sworn in on 4th of July 2013 as the interim president.
The rebel movement in Egypt a.k.a. Tamarod’s use of social media is undeniable. Despite the petition on Tamarod’s website having been retweeted 4407 times (4th July 2013) it had received over 22 million signatures by 29th June 2013 and millions gathered at Tahrir Square and other parts of Egypt. Having achieved their goal of removing Morsi as president, it is more than just a question of whether to call the overthrow a coup or a revolution. It does not matter anymore now that we have a new term, what is called a Democratic Coup. However, only time will tell whether the struggles of the anti-Morsi protestors were fruitful or in vain, when the army and the interim president will be called up to uphold their promise is transferring power back to the people once again. But when the time comes, it will also be seen what social media will have in defeating the military who has reneged on their word.

Musharraf and Conflict of Interest

At the outset it is pertinent to state that I am not in favor of dictatorship and the interference of the armed forces in the affairs of the state. Having said that, the following is my assessment in light of primary sources (laws) and secondary sources (legal definitions) of whether General (retd.) Pervez Musharraf will get a fair trial in the Hon’ble Supreme Court of Pakistan.

The events that led to the 1999 coup d’etat and Lawyers’ Movement have been adequately recorded in history. For a detailed account of the Lawyers’ Movement, one can refer to Muneer A. Malik’s ‘The Pakistan Lawyers’ Movement: An Unfinished Agenda’. Nevertheless, what concerns us today is that the present government has decided to try former President of Pakistan, General (retd.) Pervez Musharraf, for High Treason under Article 6 of the 1973 Constitution of Pakistan.

Article 6 states, “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.” The catch, however, is that Musharraf will only be tried for the acts of 3rd November 2007.

In my opinion, Musharraf should be tried for his whole reign from when he took over in 1999 to 2008 right before he received his Guard of Honour from the Armed Forces which he once commanded. Let the case be tried in open court and let the learned judges decide the matter on taking into account all the events that led to the coup and the eight years of Musharraf’s dictatorship. Countless people sacrificed their lives in the Lawyers’ Movement for the independence of the judiciary and for the same judiciary to dispense justice. The maxim ‘fiat justitia ruat coelum’ (let justice be done though the heavens may fall) is not only befitting but also much needed.

Having said that, one of the main causes of concern is that of conflict of interest. When Musharraf declared a State of Emergency on 3rd November 2007, he stated that the judges “overstepping the limits of judicial authority” and taking charge of executive and legislative functions as one of the reasons. This was clearly directed at the Chief Justice who not only defied Musharraf by allowing Constitutional Petition no. 9 of 2006 (subsequent to which the Chief Justice declared the transaction of privatization of the Pakistan Steel Mills void), by refusing to resign when he was forced to, but also by not facilitating Musharraf’s re-election as President for another 5 years.

The case will be pursued by the Attorney General on behalf of the Federal Government but it will be judged by those very people that were affected by it i.e. Chief Justice Iftikhar Muhammad Chaudhry and other judges who still command respect in the eyes of the legal fraternity. This is where there is clear conflict of interest. Another legal maxim exists which states, ‘nemo iudex in causa sua’ (no one should be a judge in his own cause). This was confirmed when the issue of bias was discussed in Federation of Pakistan vs. Muhammad Akram Shaikh (PLD 1989 Supreme Court 689). However, their Lordships went further in granting an exception of necessity. A judge who would otherwise be disqualified may act in a case of necessity where no other judge has jurisdiction (PLD 1989 Supreme Court 689).

Currently, Chief Justice Iftikhar Muhammad Chaudhry is in the position of power to decide the faith of Musharraf but in doing so, the Hon’ble Chief Justice walks a very fine line. Any sign of bias will clearly be in violation of Article IV of ‘Code of Conduct for Judges of the Supreme Court and the High Courts’ that was issued during his tenure in 2009. Judges also have a right to recuse themselves from hearing a case. Recusal is defined by Black’s Law Dictionary as, “to remove (oneself) as a judge in a particular case because of prejudice or a conflict of interest.” But because the Chief Justice is at the top of the hierarchy, it is for their lordships’ perusal whether they should recuse themselves from hearing this case or whether the necessity principle applies.

Regardless, of what the Hon’ble judges decide, it is unfortunate that today Musharraf hopes to invoke justice through the same Constitution he once held in abeyance by attempting to enforce Article X, the Right to Fair Trial.

http://blogs.tribune.com.pk/story/17998/musharrafs-trial-a-conflict-of-interest/

This piece was published in The Express Tribune Blogs on July 3, 2013. Shortly after, I got comments from people telling me that the Chief Justice has already stated he will not be hearing the case. I just wanted to clear out that I never said that the Hon’ble Chief Justice will be hearing the case. Furthermore, I am copy-pasting the reply I wrote in Comments under this post on the Tribune Blogs page.

“Raza,

Yes, the Hon’ble Chief Justice ultimately is in a position of power.
You were correct to point out the Special Courts Act of 1976 but that only strengthens my argument. You were also correct to point out the constitution of the bench in accordance with Section 4 of the Special Courts Act of 1976. However, after the speedy trial which is to be concluded within 30 days (Section 8), when the accused wishes to appeal against the decision of the Special Court, the involvement of the Chief Justice will become a reality (Section 13).

For your kind perusal, the exact wordings of Section 13 (Special Courts Act, 1976) are as follows:
13. Appeal : –(1) An appeal against the final judgment of the Special Court shall lie to the Supreme Appellate court which shall consist of —
(a) a Chairman being a Judge of the Supreme Court to be nominated by the Government after consultation with the Chief Justice of Pakistan; and
(b) two Judges of the High Courts to be nominated by the Government after consultation with the Chief Justice of High Court concerned : –
(continued but not relevant).”

Abdul Sattar Edhi – An Angel on Earth

The Edhi name is synonymous with humanitarian work and compassion and is so because of the single-minded struggle and journey of Abdul Sattar Edhi, whose foundation is the largest social welfare in Pakistan. The foundation provides a wide range of services including but not limited to ambulances, orphanages, maternity centers, drug rehabilitation centers, etc. most of which are available at a subsidized rate if not free. He had been diagnosed with a kidney disease and has been admitted to Sindh Institute of Urology and Transplantation (SIUT) for a routine checkup but at the frail age of 85, I felt it as an obligation upon myself to pay my respects to this man who is no less than an angel for whom everyone can take out a moment to make supplication.

Born in 1928, at the age of 20, Edhi joined a charity run by Memons but soon left because the organization’s work was limited to Memons. He felt there should be no discrimination between humanitarian works. Everyone is already aware of the work he has done which is not limited to Pakistan but for Muslims world over. Starting off with one ambulance that he bought after having to beg for money to buy the van; today (according to the Edhi Foundation website) the foundation owns a fleet of over 1800 ambulances.  

A lot can be learnt from Edhi who has often found himself in conflict with religious leaders and in my opinion has always come out as the victor. One such example is his setting up of the cradles outside Edhi Centers. This was met with fierce opposition and criticism. But the idea behind the cradle was that though one sin has been committed (child being born out of wedlock), to the mothers from committing the sin of murdering their child. His placards stating, “do not commit another sin: leave your baby in our care” had a deep impact and overtime the cradles were accepted and continue to exist today. Despite the criticisms, Edhi has received numerous national and international awards for his work including the Nishan-i-Imtiaz from the Government of Pakistan and the Ahmadiyya Peace Prize. 

Having come from humble beginnings, Edhi has not changed his appearance despite having attained international fame and recognition. Being the position of amassing enormous wealth, he continues to live a simple life, still donning his militia kameez shalwars and Jinnah caps. Edhi has not limited himself to serving the living but also provides ‘Ghusl’ (full body ablution) and burial for abandoned cadavers. He has even set up animal shelters. Edhi is a source of inspiration for years to come and I pray that God removes his ailment and gives him a longer life to continue his mission.

Pakistan’s External and Internal Wars

Pakistan can easily be taken as a poster boy for Thomas Hobbes’ social contract theory, the gist of which is that ‘man is in a constant state of war of all against all’. Just like that it appears that Pakistan, being a country though small in size but with a large population, is stuck in a war both external and internal.

Since its inception, Pakistan has been on shaky terms with its next door neighbor, India even though this is could perhaps be the most beneficial relation for Pakistan to maintain. Peace and friendship with India in my opinion is the most important for Pakistan. Four wars and a number of attempts at peace talks has finally led to bettering terms. Accusations have been leveled against each side from harboring wanted Dawood Ibrahim to funding Brahamdagh Bugti. Kashmir continues to be and unresolved issue and is further escalated by Siachen.

There is unfortunately an increasing tension with Afghanistan with whom relations have been better with India. There was a time when those Pakistanis who took part in the freeing Afghanistan from the Soviet Invasion were honored as Mujahedeen. The same are no longer welcome. The same are known today as terrorists. It is the failure of both states in preventing the free movement of Pakistanis continuing to cross the border go assist the remaining Taliban and and for the Afghan Taliban to enter Pakistani soil for safe-haven. Tension continues till today and escalated because of Amrullah Saleh’s revelation if having shared intelligence information regarding the whereabouts of Osama Bin Laden, the recent clash at the Durand Line and Hamid Karzai calling on Indian Military aid in Afghanistan. 

China is Pakistan’s first ally but recently it has been observed that there is a change in attitude simply due to the fact that the Chinese Premier visited India before Pakistan. Not only that, but Pakistan’s role in the War of Terror can very well have an impact on China’s relations with other countries such as USA because of China being an ally of Pakistan. However, this can easily be mitigated and overshadowed by the fact China has been a good friend to Pakistan having contributes significantly to Gwadar Port, Telecom industry and even its willingness to invest in coal. And like Pakistan is in dispute with India over the border, so is China with its long standing Sino-India border dispute. 

Being a neighbor to Afghanistan also came in with perils which has led Pakistan to being continuous victim of drone attacks contrary in defiance of International Law. Without getting into the history of it, simply put, the very people that the US once referred to as heroes are today labeled as terrorists. Nevertheless, it is the sovereignty of Pakistan that is being violated to which a number of different reactions as have come from different political parties. Imran Khan’s led PTI continues to demand that drones be shot down, Nawaz Sharif in his speech after taking oath as the Prime Minister for the third time lightly touched on the topic of drones. However, President Asif Zardari of PPP has taken a more rational approach stating that it’s not as simple as just shooting down a drone and we must take into account the resulting circumstances. We must take into account that the Lockheed Martin (manufacturer of F-16 fighter jets), Cessna, Boeing, AAI, Gulfstream and Beechcraft are companies based in the USA and the severing of ties with USA can lead to blockage of parts needed for their maintenance and repair. That is just one of the reasons that war against the US at this stage is not in the best interests of Pakistan.

The democratic process in Pakistan has always been interrupted by military rule and it is the first time that a democratically elected government completed its tenure, transferred power to the caretaker setup, which after elections transferred power to the newly elected government. A number of obstacles lie before the newly formed government which it promises to curtail if not completely end. This government has however inherited a problem which undermines the sovereignty that it rightfully should enjoy over all its territories. The government’s writ is severely challenged by non state actors such as Tehrik-i -Taliban Pakistan (TTP). The leaders and influential members of TTP are those people that have trained for and participated in the Soviet War in Afghanistan and fought against the invasion of Afghanistan during the war on terror and the group consists not only of Pakistanis but Afghans, Uzbeks, Chechens and Tajik. It is believed that smaller factions of this group have even reached Karachi where already many other groups exist whose source of income is through ransom and extortion. Though significantly smaller, but nevertheless, it is disappointing that despite being the largest in city of Pakistan, there are still no-go areas in Karachi.

Balochistan has been a cause of concern for decades and it is a reality that the people of Balochistan have been neglected. The people there continue to criticize even the 2013 elections as merely being ‘selection’ rather than elections. However, it is hoped that Dr. Abdul Malik Baloch’s appointment will lead to positive change in the province in the law and order situation, and providing health and education to the people.

Nawaz Sharif’s third tenure as Prime Minister is now a reality and this is partially owed to the PPP’s 18th Amendment. Despite accusations of rigging, PML-N has not limited itself to Punjab for though it was presumed to be a Punjabi party. It is today, the second largest in Balochistan and third largest in Khyber Pakhtunkhwa and has even been accepted in the Siraiki belt and Hazara area. Time has come to move on and accept this as a fact and we can only hope that promises will be kept in the next 5 years.