High Treason or High Biased Decision?

The essence of Article 6 is “A person who is found guilty …(a) of having committed an act of abrogation of subversion of the constitution in force in Pakistan at any time since twenty third of March,1956;or(b)of high treason as defined in Article 6 of the constitution, shall be punishable with death or  imprisonment for life “The controversy is about the loyalty or perfidy of Former Army Chief and President of Islamic Republic of Pakistan General Pervez Musharraf. The detailed decision has opened the new doors of hot discussion.

Particularly the Para 66 of the decision is disgracing and degrading. There is no precedent in the history of Pakistan to hang the dead body on D Chowk for three days. It seems a highly biased and prejudiced verdict in which uncivilized, harsh and unethical language has been used. Five times hanging of Musharraf is also indigestible for public. The Party which sued the case is originally born of a dictator Zia ul Haq. Another party which is hailing the decision has also been originated from the cabinet of another dictator Ayub Khan. The present government is literally flourishing under the umbrella of some army blamed by opposition. So, all are naked in the same bath room.

Sometime like a chair game, it is occupied by army and all is done which cannot be undone later. And sometime time this goddess of fortune bestows its rod in the hand of judiciary which reminds the elected Prime Ministers and chief of armed forces that nothing is above law and supreme power of the state is only judiciary. In this rotating game, the public is only suffered and perhaps suffered a lot. They remain engaged in making heroes and then zeroes and this game is going on, how long no one exactly knows.

Constitution of Pakistan has been amended, altered, modified and suspended so many times by Politician as well as army personals to prolong their period of rule. All must be hanged whether alive or dead. Why only one person? All allied and co allied must face death sentence. The figures that protected action of emergency or legalized it ought to be punished.

The country named Islamic Republic of Pakistan has never been in luck to implement Islam till its creation though we can trace some era of semi Islamic state during Zia regime. Zia labeled it the golden period of Islamization. He also overthrew an elected democratic government on the basis of anarchy and chaos in the country. The doctrine of necessity also prevailed then .No court of Justice resisted at that time. Rather these worked in collaboration with that autocratic government.

General Ayoob Khan period is still remembered as a period of mega projects like Mangla and Tarbela Dam. Canal system is also an Initiative of Ayub Khan. He is the First and the only Field Marshal of the country. He also took extra constitutional steps over throwing Sikandar Mirza the inventor of the term Marshal Law. Before him the First Constitutional assembly of Pakistan was dethroned by Governor General Ghulam Muhammad and The Supreme Court of that time introduced the doctrine of Necessity and Maulvi Tameezud Din returned home hopeless not comprehending the term introduced by the court of that time.

The echo of article 6 remained fade during this long epoch. All the previous Higher Courts legalized all the actions of previous dictators and even provided moral support to their illegal coup. Now suddenly all are stunned by the decision of special court regarding Pervez Musharraf order of Emergency. Even his taking over has not been challenged which is the root cause of the proceeding actions. The reaction of the armed forces is not unexpected. General Pervez Musharraf has been retired but army has not been retired from General Musharraf .It still considers him the part of army. Its claim is that Musharraf cannot be involved in high treason and second the decision has been made in extreme urgency. The army also hopes for the fair trial of Musharraf in the future.

The public opinion has been divided in favor and against the decision. Some are protesting against the decision of court idealizing Musharraf as hero and a brave leader. They think that Article 6 cannot be applied on Musharraf. Even there are other politicians who looted the country and are safe. The interpreters of PMLN and PPP are welcoming this verdict of court as a great success of democracy. The two main institutions of the state are in confronting position which is not better for the country. The recent decisions of judiciary including extension of Army Chief created a lot of controversy among the public about the jurisdiction of judiciary and Parliament. Adding fuel to fire, death sentence has been announced by special court against a retired general and Former President of Pakistan. The army is in extreme rage declared by DG ISPR.

Now look at the legal aspects of this decision. Whether Musharraf was alone in declaring emergency at that time? Whether The Prime Minister and Chief Justice of that time can be immune from this action? Why were the other Core Commanders not the parties in this case? Is there any possibility of ex party decision when the accused is not in a position to appear in person in the court? How can only one person can order and implement his orders? All other law enforcement agencies were not included in the list of instigators of high treason? Let’s accept this decision for a moment what would be the status of previous marshal Law administrators? These are not simple questions. Each encompasses a debate never to be resolved.

It is the tragedy of the nation that we hail some practices in the country at one time and condemn the same at the other time. Legal become illegal and illegal become legal even after 30 years. Quoting Shakespearean tragedy Macbeth, “Fair is foul and foul is fair “ Constitution of the country is at the beck and call of authoritative figures who molded and pruned it in the form of PCO, LFO and so called amendments. It is a ball sometime in the court of politicians dominating courts and military.

Sometime like a chair game, it is occupied by army and all is done which cannot be undone later. And sometime time this goddess of fortune bestows its rod in the hand of judiciary which reminds the elected Prime Ministers and chief of armed forces that nothing is above law and supreme power of the state is only judiciary. In this rotating game, the public is only suffered and perhaps suffered a lot. They remain engaged in making heroes and then zeroes and this game is going on, how long no one exactly knows.