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.â€
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.â€
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.â€
About the Author: Saleem S. Rizvi is a New York based senior attorney.
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I agree with Saleem Rizvi that the armed forced have well defined role to play
The army can be called to assist a civil crisis such as an earthquake disaster etc., only under the constitution. Who gave power to Musharraf to suspend the constitution?
Rrizvi, It is not just army, the media and the judiciary are also involved in politics. Infect you can only see army’s general and some retired personal in some decision making, all the rest are in bunkers, but If you take media, Every newspaper or News channel is sold out to particular political group, Same with judicary.
If you are saying that Pakistan’s army should only protect us from external aggressions then you probably also mean that Pakistan army should not be helping the devastated earth quake areas. Dear, the army in Pakistan plays a greater role which is in best in terms of managing our limited resources. Thirdly, Pakistan is at war with Militancy and extremism within the country and in such scenario Military is the only solution.
I think i am going to stop arguing with people on PCO as it will be lifted soon anyways!
There is something interesting to say tho, I was visiting a very old friend, we used to study together in Cadet College Hasanabdal. He is against the army and Musharraf. I was bit confused that someone who has been so patriaot and always wanted to join army has very oppositie point of view but on dinner table, her mom told me that he was refused entry in army (failed in ISSB), since then he hates army. I find that very interesting because i have come across many people in Pakistan who have something personal against the army rather then crediting them on their performance and professionlism.
Just to add, one of my cousin was in Siachen last year and he had to cut his thumb himself, frost bite. Imagine doing that … On the other hand not even a politician or civil servant we are fighting for is willing to let a Rs 10.00 note go!
People like Nayab Khan are deliberately spreading incorrect info and distorting facts. (Not to mention terrible spelling.) It’s confirmed that the piece is in fact written by Aitizaz Ahsan. Thank you Adil Najam for pointing out that, “Those of us who are used to organized propaganda and lies and also have to deal with sophomoric behavior of folks who regularly post under multiple names and multiple false identities on blogs like our own”.
WATCH OUT FOR THESE PROPAGANDISTS FOLKS!
A couple of bloggers who are constantly recycling the same propaganda over and over again do not seem to understand the following:
An emergency is a constitutional measure permitted by the constitution to address extreme crises only.
First, the crises must be extreme and secondly, the emergency declaration must be limited in its nature and scope.
Please also keep in mind that an emergency can be declared only under the Constitution. Also note that it can only be declared by the President. Now the question is whether Musharraf has imposed what he termed as an emergency on the people of Pakistan, as the President. The answer is NO, because he declared it as the army chief. Another question which arises is whether he has declared it under the Constitution. Again the answer is No because he has held the Constitution in abeyance. Simply said, that he has suspended, or even worse, abrogated the Constitution at his whim. Therefore, it is not an emergency – rather it is martial law declared by the army chief. One should also ask what is the army chief’s source of power to declare either martial law or an emergency?
Musharraf did not stop there. In order to keep power in his own hands, he made an amendment in the PCO as the army chief giving the President (which he is now) the power to lift what he called an emergency, depriving the current army chief the power to lift it.
As I said earlier, if we truly believe in a democratic system of government, we must resist any attempts by anyone who tries to build a coercive state apparatus. The argument is very straight forward. The army’s main responsibility under the Constitution, is to defend the country against foreign aggression. It has no business in politics under the Constitution. Once it starts mingling in politics, it not only loses sight of its real responsibility but also loses its credibility and strength.