Musharraf the Honourable Option

Musharraf the Honourable Option

By

Inam Khawaja

It may be recalled that in October 2007 there was a case in the Sindh High Court regarding the legality of Musharraf fighting the election for President in uniform. There was a strong possibility of a verdict against Musharraf. It has been speculated that the Emergency was declared to basically put out of action about sixty Judges of the Superior Judiciary to ensure election in uniform. It may be noted that the ‘grave condition’ prevailing were put right with wave the baton in little over a month and the Emergency was lifted on December 15, 2007.

The Supreme Court has asked each of the five High Courts of the country to nominate on November 20^th. a judge for the Tribunal (which will try Gen. (Retd) Musharraf for High Treason).Thereafter the Supreme Court will select three judges for the Tribunal and also nominate the head of the Tribunal. The Federal Government will shortly nominate the Special Prosecutor. It is expected that the Tribunal will be established and start proceedings within the next few days.

Musharraf’s spokesperson has stated that all the people involved in the November 3^rd 2007 “Emergency” will be named by Musharraf. An Army Officer is expected to be a gentleman – a man of honour. The honourable thing to do is to stand upright and take full responsibility for one’s actions rather than putting blame on one’s colleagues. In fact an honourable person would actually absolve them from any blame. The Supreme Court in its July 31, 2009 Judgment declared that declaring emergency on November 3, 2007 and his subsequent orders (under the emergency) unconstitutional, ultra-vires of the Constitution consequently being illegal and of no legal value as a result. One wonders as to what defence can be put up. Since the act was reprehensible a gentleman and a man of honour would admit his mistake, apologise and seek forgiveness and mercy from the Tribunal, the Army and the people of Pakistan. This is the Honourable Option for Musharraf.

All members of the Armed Forces at the time of commissioning take the oath given in Article 44 of the Constitution which states; “I ———– , do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan — “ Musharraf has broken this oath twice. As a Muslim he should repent, seek Allah’s forgiveness and pay the penalty prescribed for breaking one’s oath (refer Al-Maida 5-89).

If Musharraf exercises this option it is very difficult for the Tribunal and the Prime Minister not to forgive and be merciful.

November 20, 2013