Saleem S. Rizvi
Pictures sometimes speak volumes. The picture of Pervez Musharraf’s oath ceremony, shown all over the world, is certainly one of them. It speaks volumes, loud and clear, about a bitter and remorseless retired general who still wants to be at the helm of power by all means possible.
After shedding his military uniform that he notoriously claimed to be his skin, Pervaz Musarraf took the oath of office as the thirteenth president of Pakistan, pledging to “preserve and defend” the Constitution. But which constitution is he referring to? If his oath is to “preserve and defend” the Constitution of Pakistan that he himself has suspended, then doesn’t such pledge bring this hypocrisy into the open? What else should one call it? Why should we trust him this time around when it is he who has suspended the Constitution with a single stroke of the pen, and now is pretending to be its defender?
The picture further reveals another disturbing paradox: Here is a President without a parliament. Doesn’t his “election” by the expiring parliament raise a plethora of legal and constitutional questions about its legitimacy? By violating the letter and spirit of the Constitution, and by savagely sacking the higher judiciary, he got himself elected by an outgoing parliament, which has no power to elect a new president. Just think of the horrible outcome of such shameful act. By doing so, he has deprived the future parliament of its right to elect its own president.
Another person appearing in the picture, a few inches shorter in height and a lot in legitimacy is Musharraf’s hand- picked Chief Justice of the apex court. This so- called chief justice of the Supreme Court, who administered Musharraf’s oath, did not himself take the oath of office under the Constitution of Pakistan; rather he took oath under the PCO. Isn’t his elevation to this position the product of Musharraf’s flagrantly illegal and unconstitutional dismissal of the higher judiciary? The whole world knows that the pre- November 3 judiciary, comprised of independent- minded judges was about to render its judgment against Musharraf before he imposed Martial Law. The defiant judges of the apex court, who refused to take oath under the PCO, issued a 58 page joint judgment a couple of weeks ago , The judgment was sent to the Supreme Court but, for obvious reasons, it was not released by the authorities to the public.
In the judgment, the judges declare,
“… we earnestly feel that there appears to be enough substance and force in the submission of the petitioners that General Musharraf could not contest election from the current assemblies as outgoing assemblies can not be allowed to bind the successor assemblies to be elected as a result of popular mandate. Furthermore, members of present Electoral College, who have already expressed their opinion by expressing a vote of confidence immediately after their assumption of office, may not be in a position to exercise their right of franchise freely and independently. They would naturally be influenced and swayed by their earlier decision…….It may be further observed that the president being an integral part of the parliament, it would be quite inconceivable and unusual that the parliament with whom a president has to work in total cordiality and harmony should not be elected by such parliament.”
There is an overwhelming consensus among domestic and international political observer that the principal reason for Musharraf to impose Martial Law was to silence the higher judiciary. It was for the first time in the history of Pakistan that the judiciary began to exhibit considerable degree of maturity, independence, and assertiveness, which was seen by Musarraf as a grave threat to his personal ambitions. Therefore, in the name of public interest, he imposed Martial law and deposed the judiciary.
After sacking independent judges and replacing them with submissive and docile ones, Musharraf feels relieved. Now, he has a new Supreme Court, willing to bend backward to please him. Therefore, in his inaugural speech, he declares, “Now as the democracy has come back on track in the country, I have taken oath as a civilian President and the law and order situation has been improved, therefore, there is no need for emergency any more.” He further claims, “There was no democracy at all in the country in the past and it will be for the first time in the history of Pakistan that democracy in full be introduced.”
By making such declarations, isn’t the retired general proving himself delusional? Can any one in his right mind make such outlandish claims, when the Constitution is held in abeyance, the state structure is being destroyed, the civil rights are suspended, the media is gagged, the judges and eminent lawyers are in house arrests, the political activist are on the run, and the police and intelligence agencies are fully deployed to commit barbaric acts against the civil society?
In the same speech, one can find several hints as to what Musharraf has in mind as his next game plan. Musharraf says, “I am sure that Pakistan will go stronger with me as a civilian president and with general Kayani as army chief.” Watch out! Now, the only and the lonely Messiah thinks he is not alone any longer in his “quest” to save Pakistan. Is he being delusional once again?
As Musharraf shows no regrets and remorse for what he has done to the decent people of his country and shows more wrong-headedness and stringency, we can easily imagine what he is really up to. His past and present acts are a horrifying tale of recklessness, selfishness, and ruthless savagery. In addition, he is highly unpredictable: his 180 degree turns and flip-flopping is legendary.
In the same speech, the retired general displays his irritability towards international community, which is demanding for restoration of democracy and upholding of civil rights in Pakistan with one voice. He tends to believe that such international protest against the abuses being committed by him are some kind of intervention in the internal affairs of Pakistan. After all, he has been the sole arbiter responsible for Pakistan and its people for the last eight years, and in such messianic capacity, he thinks and believes that only he knows what is best for Pakistan.
He also believes that universally held democratic norms and human rights cannot be given to the people of Pakistan, as they are net ready yet. One wonders if he thinks of Pakistan society as subhuman, still living in the dark ages. He wants to decide when and if the people of Pakistan ever become “eligible” for such rights. In his own words, “One can not sacrifice stability and development of the nation for your views on democracy, civil liberties and human rights.” Every word of this statement reveals his contempt for democracy and the rule of law as he tends to believe that democracy, civil liberties and human rights pose danger to national stability and development.
Now he tells us that he will soon lift his Martial law. We know he has no other choice. We also know that he is not doing it because he realized it was wrong. Rather his reasons are opportunistic. Through his Martial law, he already got what he wanted: The annihilation of the higher judiciary. In his heartless pursuit of power, Musharraf has conveniently forgotten that he has committed something very serious. We do not know what his legal advisors have been advising him, but if he really wants to know what he has done, he should be reading the following article of the Constitution of Pakistan.
Article 6 of the Constitution of Pakistan states that,
“Any person who abrogates or attempts or conspires to abrogate, subvert or attempts to conspire to subvert the constitution by use of the force or show of force or by other unconstitutional means shall be guilty of high treason.”
About the Author: Saleem S. Rizvi is a New York based senior attorney.
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….Rafay K has also made some excellent points here
Nayab Khan:
thanks for bringing in an alternative view. I despise what Musharraf has done to all of us but this glorification of judges by the chattering classes is a bit too much.
All these honourable judges had taken oath under the PCO, had not done a single thing to curb corruption in the institution nor speed up decisions- their only merit is standing up against Musharraf and that too in a hap hazard manner - you note how the decision on eligibility was postponed three times.
The majority of the awaam - in whose name everyone wants to comment - couldn’t care less. This is why they are not on the streets -
what matters to them is the price of roti that has gone as high as Rs 5 and non availability of atta in many urban centres..
Of course there will be no vigils, rallies and candles for the hapless people
And all of the chattering classes were supporting Musharraf knowing fully well that his coup was illegal. You can’t be blind to one wrong and then wake up and start protesting..
Let the transition to civilian rule proceed - he has removed his uniform now and also announced elections. Let the big parties present their demands and find a way out of this mess.
Or else, General Kiyani - because that will be the logical conclusion of this so called movement for the rule of the law -
what an irony that will be and we will have to thanks the lawyers for that…
May be Pakistan will be without him soon :)
King and I
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Journalists from international newspapers have either ignored or have no idea that even if Musharraf lifts Emergency we will still have no “writ of habeas corpus” because of the new Army Act. They can pick anyone and hold for ever, without producing before a civilian Judge. And to criticize this is a crime also. (The reason all Newspapers are mum). Musharraf did not want to submit to law as you see in the decisions below. So he has made himself a King. I was able to explain this to a journalist (Dutch magazine, Vrij Nederland) and in a long article she did put: ” Ironically, Imran Khan last week became one of the very few Pakistanis to be charged with terrorism in “the war on terror.” His crime was to lead a student rally at Punjab University. The sentence could be death. He is in prison and his family says he has been on a hunger strike since Sunday.”
So, please, explain the tricks. Because, somehow the Western Journalists do not see the Musharraf doings as criminal acts. A man submits to a court and if the decision is adverse then he terrorizes the whole country. Keep on explaining to them.
Without a “writ of habeas corpus” we are finished.
http://www.msnbc.msn.com/id/22012138/
They are arguing for the right to do what any prisoner in a federal penitentiary can do: use the writ of habeas corpus to try to win their freedom.
Enshrined in the Constitution, the writ of habeas corpus allows a prisoner to go before a judge to force the government to explain why they’re being held.
http://www.app.com.pk/en/index.php?option=com_cont ent&task=view&id=20627&Itemid=2 ordinance
http://www.naitazi.com/2007/11/20/deposed-judges-r elease-ruling-against-musharraf/ 58 page decision
http://jurist.law.pitt.edu/paperchase/2007_11_20_i ndexarch.php#5735988438203932480 58 page decision
http://www.thenews.com.pk/top_story_detail.asp?Id= 10456 18 page decision Falak Sher
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King Musharraf and the Writ of Habeas Corpus
http://news.bbc.co.uk/2/hi/americas/7127194.stm
I’d stopped reading this blog because in my opinion, this site had lost all connection with the realities and gravity of the situation in Pakistan. This piece/post is beginning to restore my faith in ATP. We need more mature writers and topics that are more in tune with what is going in Pakistan on this forum. Pictures of Abdalian donkeys colored Pink are not reflective of the struggle being waged by the judges, lawyers, students, human rights activists, etc. If we can’t help them, then at least don’t belittle their efforts and fight by posting about pink donkeys and child labor rock stars.
Much that we may dislike Mush – he is just a part of the Package. It includes besides the Military Inc. - opportunist of the likes of Fazlur Rehman and others (including some from the media and so-called ‘think tanks’) who are as much part of the Ruling Elite as Mush. For all practical purposes it is an Elite Game of musical chairs. In addition, there are those who directly or indirectly benefit from the largesse of the national coffer and the ‘gravy-train’ of Uncle Sam or may have some other vested interests in the status quo.
The Changing of Guards and Topi and Sherwani drama doesn’t change anything. As long as the status quo remains – nothing will change and the game will be the same – stratocracy will remain entrenched in all affairs of the state and the junta will call all the shots. And as usual – if the shots mis-fired or create a mess, these folks will certainly try to scapegoat the usual suspects – and when this ‘usual suspect’ brings cash and attention of the West, most particularly, Uncle Sam – what better way than to find one behind every bush! Heck! they are the biggest cash crop for the Elite!
As for that mass mobilization that some of us may be waiting for to happen. Well, the masses aren’t gonna stick their neck just so that we may have more of the same!
I would like to quote what you said and correct U, Sir!
“He who has suspended the Constitution(Unlawfully)”: Under 1973’s constitution President is allowed to impose PCO, this does not mean that the constitution is suspended. The Situation in sawat and the Supreme Court’s on-purpose delaying in ruling on key decision is good enough reason to impose PCO.
“Paradox: Here is a President without a parliament“: He had a parliament, which has dissolved on completion of its 5 years. You would have still have argued if Musharraf had extended its time. It was not possible to wait for presidential elections after the parliament election as opposition was arguing that Musharraf’s term as President was coming to an end. His selection by parliament and completion of parliament both happened by their due dates, now don’t make idiotic statements about it!
“So- called chief justice of the Supreme Court, who administered Musharraf’s oath, did not himself take the oath of office under the Constitution of Pakistan”: The X-CJ did the same, and then what difference does it make? Correct me if I am wrong, but isn’t this hypocrisy!
“The whole world knows that the pre- November 3 judiciary comprised of independent”: Really? Tell me if it had not bailed out rich people and kept poor locked up for years without trials? That is judiciary’s problem to sort them. The poor situation of law an order of the country is due to poor judiciary, not because of army or parliament. If judiciary was faithful and have honest people who would not bail out or let rich people escape thru loopholes, Law and order in Pakistan would be in much better condition!
“Judgment against Musharraf before he imposed Martial Law”: You have such a small memory; the decision was due before Musharraf’s election date but postponed 3 times and was due to be postponed again as one of the judges going on leave. Why were the judged halting the whole transfer to civilian rule process and bringing the whole nation to standstill and cause unrest? Think!
“the state structure is being destroyed, the civil rights are suspended, the media is gagged, the judges and eminent lawyers are in house arrests, the political activist are on the run”: Tell me one state department that is non-functional, Technically civil rights are suspended but aren’t we talking about it independently, marching on the roads and discussing this on the tele & radio openly and what about no restrictions on the newspapers?, which politician is on the run except Altaf? Some were arrested under the constitute to stop massive rallies which always end up causing more damage to state properties (roads), private cars and businesses (shops) thus destroying the economy & the country.
“The retired general displays his irritability towards international community, which is demanding for restoration of democracy and upholding of civil rights in Pakistan with one voice”: Isn’t Russia/Iran doing better defying the west’s calls on weapons treaty, isn’t China doing better today after defying west’s calls on human rights in late 90s? Isnt Malaysia a successful state? Do we really have our own ambitions or we are always going to follow other’s advice? And I believe we have democracy and have civil rights. You will be amazed if you compare how free a Pakistani is as compared to an American or Britain!
“he believes universally held democratic norms and human rights cannot be given to the people of Pakistan, as they are net ready yet”: And so do I, along with millions of other Pakistanis, because with freedom comes responsibility and a large ratio of Pakistanis are irresponsible!
“Now he tells us that he will soon lift his Martial law“: Can you please don’t lie . He never said that, he said he will lift PCO! As an author it is your responsibility to use your words carefully and not mislead people. If you take this PCO as Martal-law, you are free to express your views but be responsible enough to state correct words. If you really are a senior attorney you must be aware of the effects caused by changing a word in a statement!
I am not a Musharraf supporter but I honestly believe what he did was the only way to keep the country stable or else we face danger of state disaster, partition, lordism and thugs killing people on streets. This unrest is caused by the Musharraf opposition. Musharraf still has to get vote of confidence from the new parliament. I would like to see him loosing that vote. There will be new presidential elections. I appreciate many things he has done but his departure is the only solution to this political unrest but I pray to Allah that we do not get corrupt government again!.
It is amazing how fast Musharraf has lost his credibility since March 07. It appears clear that elections, stage managed as they will be, are going to be held.
1- How much legitimacy would a new “National Coalition” Government have after these elections?
2- Would there be another “friendly” opposition in the new Parliament or a strong anti Government block?
3- Would the new “Troika” of Gen Kiyani, Prez Musharraf and the PM-to-be (Pervaiz Elahi / Amin Faheem ?) be able to handle the situation in Balochistan, Swat and NWFP overall?
At the moment, the Establishment headed by Musharraf / Kiyani are trying to control the political outcome by loading the dice in favor of the Deal Makers.
The key question is what is there on offer?
- For BB, the question of NRO and her coruption cases is already a done deal. What she wants now is to be the third time PM. This is the only carrot that can entice her any more. But then, Musharraf would be foolish to agree to just that - there can be only one King in the Jungle.
- For NS, there is no chance of a reproachment with Musharraf since this is key to his political survival. So, a hard stance viz a viz the Govrnment makes sense. He would probably go for a clean chit against his business interests in the background, but this could only be for the price of toning down his rhetoric a bit against Musharraf / Army.
- For Maulana FZ, his usefulness is limited to the extent of support required by the “Coalition” government to form a majority. It appears that he is past his expiry date and soon would be cut down to his size - move from an A grade politicial to a C grade.
- For Chaudaries of Gujrat, this is their game to lose. There will not be another time for Ch Pervez Elahi to shoot for the PM slot. A clean sweep in Punjab is planned by the powers to be in the favor of Chaudaries.
- For the people of Pakistan, the shit has not hit the fan - so they will remain disinterested in the political Lotabazi. In the settled areas of Lahore, Karachi and Islamabad, the middle classes are just interested in their new car loans, the credit limits on their plastic, their bubbly media channels, and their “shadi bia” activities. In the villages, the middle class farmer is concerned with the increasing prices that he can fetch for his crops. The have-nots anywhere, town or village, do not count - most are not in the “Nadra” database anyway. Overall, People will cast thier votes given a chance, but if the elections are rigged as planned, no one is willing to go on the street and get a beating. Yes, the lawyers and the tiny student movement are an excpetion. But the lawyers will vin some votes in the elections and will be happy to chant in the Parliament while the students will learn the hard way that all this street activity is orchestracted for the benefit of the tinkering politicians who will cash in given the right price.
A “free and fair” election would bring such molotov cocktail in the Parliament that Musharraf could not handle even with his now-defunt “Uniform”.
The problem of the political process in Pakistan lies with the political parties and the “dont care who rules” attitude of the Punjabis. For thousands of years, Punjabis in their farmlands have not cared if its the Greeks or the Afghans or the British who rule the roost. The punjabis are just happy to eat, sleep and enjoy the sun.
Political Activism is too much to ask for from the land of Punjab. All it can provide for leadership are tin pot dictators and military men for all its worth.