Osama Bin Javaid's Blog

Musharraf: a landmark indictment for Pakistan’s democracy and constitution

Posted in News, Pakistan Curent Affairs by osamabinjavaid on March 31, 2014

Pakistan’s once most powerful man – a dictator, former military chief and president – has been indicted of high treason under the constitution of Pakistan. A first indictment for a military dictator in a country which has been predominantly ruled by them. When Musharraf ended his exile many wondered why he would give up an easy life in Dubai and London – maybe it was fate.

The former commando was adamant – saying he came back to save his country.”I was thinking the government would call me back, and would say ‘Save Pakistan’ but that did not happen. Today my nation ordered me to come back. I came back, putting my life in danger, to save Pakistan.” said Musharraf after landing to a small crowd in Karachi.

He failed to see that it wasn’t the same Pakistan which he ruled ten years ago – the judges who forced him out, were now powerful. Many were amazed at the stunt because Musharraf was forced out of power by the judiciary he tried to rule. And court cases piled up against him. Political analyst Mosharraf Zaidi says Musharraf represents a huge baggage  for the military and it’s unlikely he’ll spend any time behind bars.

Musharraf faces criticism for shortcomings ranging from
Benazir Bhutto’s killing , killing a Baloch separatist leader Akbar Bugti, mishandling of Lal Masjid ,  allowing U.S. drone attacks on Pakistan, sending Pakistanis for torture abroad , selling detainees for dollars , depriving Pakistan of economic boom at the start of the millennium and systematically destroying Pakistan’s institutions and many many more.

He had taken refuge in his farmhouse (http://www.youtube.com/watch?v=Fvrxd812huk) and avoided several court hearings to escape indictment. Bombs were found, a Taliban letter was produced and in the most dramatic of the moves he fell “sick” during a drive to the court. Now Musharraf’s ailing mother has been taken to hospital in Dubai – and his lawyers are preparing a case to get his name off the exit control list to allow him to leave Pakistan.

But controversy was nothing new for Musharraf. In 1999 Indian and Pakistani troops came close to war in the Kashmiri area north of Kargil. During that conflict General Musharraf was plotting how to rule Pakistan. And he took power in a bloodless coup and later named himself President.

Then, two years later, after the September 11 attacks, Musharraf decided to align Pakistan with the so-called U.S. war on terror. Qazi Hussain Ahmed, the Former Jamat i Islami chief  said the general buckled. “General Musharraf is under American pressure, this is not a war against terror this is a war against Islam”

Musharraf then supported the invasion of Afghanistan…though he later said the US had threatened to bomb Pakistan unless it joined the fight against al-Qaeda. Musharraf was in a fine balancing act. Managing a US-Pakistan relationship on one hand and trying not to completely sever ties with tribal fighters on the other.

Believed to have given approval for U.S. drones to operate from Pakistan, Musharraf also had to sign agreements with tribal fighters in the north. But his approach failed to stop the resurgence of the Taliban and Al Qaeda –whose attacks killed more than 50,000 Pakistanis in the last ten years. For the first time Pakistan had to deploy troops to the north to stop fighters from operating in Afghanistan. On the eastern border the relationship with India also saw some major lows.

And all his efforts to improve the economy were forgotten when Musharraf came under fire at home. The suspension of Chief Justice Iftikhar Mohammed Chaudhry in March 2007 triggered street demonstrations by lawyers and the civil society. And opposition parties also joined the protests. His political legitimacy was under attack – and the movement eventually led to Musharraf’s humiliating resignation.

And that’s where the spiral to the ground began. Musharraf returned to Pakistan despite these and many legal and political problems including from Taliban fighters – who tried to assassinate him three times during his time in office. He also found the hard way that he had very little support on the ground and all those who support him on social media aren’t voters in Pakistan.

Here are the formal charges he faces.

General (Retired) Pervez Musharraf may be formally charged as under:

a) Firstly, on 3rd November, 2007 at Rawalpindi as Chief of the Army Staff, he issued an unconstitutional and unlawful “Proclamation of Emergency Order, 2007” which, unconstitutionally and unlawfully, held the Constitution of Islamic Republic of Pakistan, 1973 in abeyance and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

b) Secondly, on 3rd November, 2007 at Rawalpindi as Chief of the Army Staff, he issued an unconstitutional and unlawful “Provisional Constitution Order No. 1 of 2007” which, unconstitutionally and unlawfully, empowered the President to amend the Constitution of Islamic Republic of Pakistan, 1973 from time to time and he also suspended the Fundamental Rights enshrined in Articles 9, 10, 15, 16, 17, 19 and 25 of the Constitution and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

c) Thirdly, on 3rd November, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful “Oath of Office (Judges) Order, 2007” whereby an oath was, unconstitutionally and unlawfully, introduced in the Schedule which required a judge to abide by the provisions of the Proclamation of Emergency dated 03.11.2007 and the Provisional Constitutional Order dated 03.11.2007 to perform acts and functions in accordance thereof and this order also resulted in removal of numerous judges of the superior courts including the Hon’ble Chief Justice of Pakistan and he thereby subverted the Constitution of Islamic Republic of Pakistan, 1973 and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

d) Fourthly, on 20th November, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful Order 5 of 2007 “Constitution (Amendment) Order, 2007” whereby Articles 175, 186-A, 198, 218, 270B and 270C were, unconstitutionally and unlawfully, amended and Article 270AAA was added to the Constitution of Islamic Republic of Pakistan, 1973 and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

e) Fifthly, on 14th December, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful Order 6 of 2007 “Constitution (Second Amendment) Order, 2007” whereby the Constitution of Islamic Republic of Pakistan, 1973 was, unconstitutionally and unlawfully, amended and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

The special court set up to try Musharraf has rejected his plea to visit his sick mother and seek cardiac treatment abroad. The court says removing his name on the exit control list is the prerogative of the government.

Stephen Cohen is a senior fellow at the Brookings Institution and a South Asia Analyst. He says if Pakistan’s judiciary becomes vengeful, it will lose all the ground it’s recovered since ousting a dictator from power.” I’d hate to see the Pakistani system turn into a revenge system. The courts, judiciary and even the military should let justice take its course. But not treat him abusively. He’s been humiliated, he’s been disgraced but you don’t want to begin a process of hanging people of charges many others are guilty of.” said Cohen.

And that’s his defence so far. His supporters insist that it was necessary at that time to remove a democratically elected prime minister and Musharraf did not act alone. Legal experts agree that the constitution is clear that whoever “aided and abetted” in the acts of treason must face justice. Some argue that Musharraf’s case should be the beginning and all those politicians, judges, bureaucrats and generals who helped Musharraf subvert the constitution must now face the music. But the trail must not become a farce and individuals must be given a fair chance to defend themselves.

His critics call Musharraf a victim of his own vanity and arrogance. And now he faces the possibility of the death penalty. Although most commentators do not believe that he will face the death penalty BUT this indictment has set a precedent for future adventurers in the garb of patriotism and doctrine of necessity.

For Musharraf perhaps it’s the legacy he wanted to have – that of insisting on defiance with not much defence in the face of obvious repercussions.

 

Is the west training Syria’s rebels in Jordan?

Posted in Uncategorized by osamabinjavaid on March 15, 2013

As we mark two years of fighting, here’s one aspect of the world’s response to Syria …

U.S.-trained Syrian rebels returning to fight: senior rebel source  – www.chicagotribune.com/news/sns-rt-us-syria-crisis-rebelsbre92d15e-20130314,0,3920651.story

UK and French instructors involved in US-led effort to strengthen secular elements in Syria’s opposition, say sources – www.guardian.co.uk/world/2013/mar/08/west-training-syrian-rebels-jordan

The American and Jordanian militaries are jointly developing plans to secure what is believed to be Syria’s vast stockpile of chemical and biological weapons, said U.S. and Arab officials briefed on the discussions. – http://online.wsj.com/article/SB10001424052970203961204577269680793484776.html

The American troops have been stationed at a Jordanian military base north of Amman about 35 miles from the border since the end of a major joint exercise called Operation Eager Lion. –www.telegraph.co.uk/news/worldnews/middleeast/syria/9598851/US-troops-operating-in-Jordan-near-Syria-border.html

The American mission in Jordan quietly began last summer. In May, the United States organized a major training exercise, which was dubbed Eager Lion. About 12,000 troops from 19 countries, including Special Forces troops, participated in the exercise. After it ended, the small American contingent stayed on and the task force was established at a Jordanian training center north of Amman. It includes communications specialists, logistics experts, planners, trainers and headquarters staff members, American officials said. An official from the State Department’s Bureau of Population, Refugee Affairs and Migration is also assigned to the task force. –www.nytimes.com/2012/10/10/world/middleeast/us-military-sent-to-jordan-on-syria-crisis.html?_r=0

Here’s an untitled image from the archives http://www.globalresearch.ca/articlePictures/reaganandmujahideen1.jpg and the rest is history…