By: Azhar Azam
*This is one of my opinion pieces (unedited) that first appeared at "China Global Television Network (CGTN)" https://news.cgtn.com/news/2019-12-18/Why-Musharraf-s-death-penalty-could-spell-trouble-for-Pakistan-MvYRu6H8n6/index.html and was republished by "China Daily" http://global.chinadaily.com.cn/a/201912/19/WS5dfae545a310cf3e3557f37f.html
On Tuesday, a three-member special court sentenced death penalty to Pakistan’s former Chief of Army Staff (COAS) and President General (retired) Pervez Musharraf. He has been on trial for high treason case over imposing state of emergency in 2007 that is considered an abrogation of the country’s constitution, embodying maximum punishment unless the act is indemnified by the parliament.
Ailing Musharraf outrightly rejected the charges. Days before the judgment, he characterized the treason case “baseless” and asserted “I have served my country for 10 years. I have fought for my country. This [treason] is the case in which I have not been heard and I have been victimized.”
Candidly from 2007 onward, the former military ruler was not destined to get ratification from the leading political parties, Pakistan Muslim League (Nawaz) or PMLN and Pakistan People’s Party (PPP), which had the majority in the parliament and were pithily opposing him.
Although PPP did not pursue the case against the ex-military ruler following it rose into the power during or after Musharraf’s tenure, ostensibly over the larger gains for its leaders from the infamous National Reconciliation Ordinance (NRO) – nevertheless it prevented to give Musharraf’s act a legislative cover.
Given that the clause 2A of the enforced Article 6 additionally restricts Pakistan top courts including High Courts and Supreme Court to validate the “act of high treason,” Musharraf was never going to get a relief on the basis of prevailing laws in the country.
In addition, since any constitutional amendment requires at least two-third majority, he would not able to get endorsement for his act in near future even if the ruling Pakistan Tehreek-e-Insaf (PTI) wanted to do so over its small lead in the National Assembly and Senate.
Apart from the technically “political” case, there is no corruption or other tangible petition pending against the former army chief in the courts. In this background, Article 6 is perceived a political farce to victimize Musharraf in some circles of Pakistan while his fellow politicians were enjoying leading roles in all the political parties and government. Musharraf though can challenge the court decision in the higher courts.
In the utter puzzling turmoil, the spilt verdict (2-1) highlighted a revamped and brighter image of Pakistan’s institutions that were undergoing under increased international criticism for working under military pressure. The decision vehemently downplayed the western propaganda about army dominance in Pakistan and spelled out that the institutions in the country were strengthening with the passage of time.
Islamabad generally has been a vulnerable economy and a land of political brawls for many years. It is a blunt truth that if any institution, which has exceptionally served the grander strategic national and regional interests of the country, it has undisputedly been Pakistan armed forces.
With the tailor-made defense equipment support from its all-weather friend Beijing, the battle-hardened army not only cleansed Pakistan from the menace of terrorism, it also facilitated the critical peace talks between Washington and Afghan Taliban.
After the 9/11 terrorist attacks on America, Pakistan strongly backed the US war on terror in Afghanistan. As a matter of fact, General Musharraf was Pakistan’s army chief and president when September 11 jolted the US. So under his control, Islamabad played a key role to the world’s campaign of ending the terrorism once for all.
Now with the death punishment of the former army chief, Pakistan could face some extensive strategic implications in the region. The global media, mainly the US broadcasting outlets, would certainly take the opportunity to pale the achievements of Pakistan armed forces by exploiting its role in the domestic politics.
It would additionally demoralize Pakistan army that has lost thousands of troops in war on terror and has long been assisting peace in the region. It must be excruciating for Pakistan military to be handed a capital decree to its former army chief over treachery and someone who led the country’s most-revered organization for about nine years.
Soon after the verdict, Pakistan army expressed great resentment over the court decision. In its press release, military’s Inter-Services Public Relations (ISPR) said “(Decision) has been received with lot of pain and anguish by rank and file of Pakistan Armed Forces,” which denied the right of self-defense to its former head.
At a time when all the global powers including China, Russia and the United States are pursuing the path of political dialogue with Afghan Taliban and China and Pakistan are making collective efforts for ensuring peace and sustainable economic development in Afghanistan – the aggravations in the ranks of Pakistan army over its head’s capital punishment cannot be overlooked.
The growing antipathies could divert Pakistan armed forces concentration from peace and stability into the region to disproportionately occupy itself into domestic issues. And most importantly, this could be a break for the global subversive elements and bottled-up terrorists to re-launch their disruptive activities more actively in region and Pakistan that’s economy has just started to move ahead on the back of China-Pakistan Economic Corridor (CPEC).
*This is one of my opinion pieces (unedited) that first appeared at "China Global Television Network (CGTN)" https://news.cgtn.com/news/2019-12-18/Why-Musharraf-s-death-penalty-could-spell-trouble-for-Pakistan-MvYRu6H8n6/index.html and was republished by "China Daily" http://global.chinadaily.com.cn/a/201912/19/WS5dfae545a310cf3e3557f37f.html
On Tuesday, a three-member special court sentenced death penalty to Pakistan’s former Chief of Army Staff (COAS) and President General (retired) Pervez Musharraf. He has been on trial for high treason case over imposing state of emergency in 2007 that is considered an abrogation of the country’s constitution, embodying maximum punishment unless the act is indemnified by the parliament.
Ailing Musharraf outrightly rejected the charges. Days before the judgment, he characterized the treason case “baseless” and asserted “I have served my country for 10 years. I have fought for my country. This [treason] is the case in which I have not been heard and I have been victimized.”
Candidly from 2007 onward, the former military ruler was not destined to get ratification from the leading political parties, Pakistan Muslim League (Nawaz) or PMLN and Pakistan People’s Party (PPP), which had the majority in the parliament and were pithily opposing him.
Although PPP did not pursue the case against the ex-military ruler following it rose into the power during or after Musharraf’s tenure, ostensibly over the larger gains for its leaders from the infamous National Reconciliation Ordinance (NRO) – nevertheless it prevented to give Musharraf’s act a legislative cover.
Given that the clause 2A of the enforced Article 6 additionally restricts Pakistan top courts including High Courts and Supreme Court to validate the “act of high treason,” Musharraf was never going to get a relief on the basis of prevailing laws in the country.
In addition, since any constitutional amendment requires at least two-third majority, he would not able to get endorsement for his act in near future even if the ruling Pakistan Tehreek-e-Insaf (PTI) wanted to do so over its small lead in the National Assembly and Senate.
Apart from the technically “political” case, there is no corruption or other tangible petition pending against the former army chief in the courts. In this background, Article 6 is perceived a political farce to victimize Musharraf in some circles of Pakistan while his fellow politicians were enjoying leading roles in all the political parties and government. Musharraf though can challenge the court decision in the higher courts.
In the utter puzzling turmoil, the spilt verdict (2-1) highlighted a revamped and brighter image of Pakistan’s institutions that were undergoing under increased international criticism for working under military pressure. The decision vehemently downplayed the western propaganda about army dominance in Pakistan and spelled out that the institutions in the country were strengthening with the passage of time.
Islamabad generally has been a vulnerable economy and a land of political brawls for many years. It is a blunt truth that if any institution, which has exceptionally served the grander strategic national and regional interests of the country, it has undisputedly been Pakistan armed forces.
With the tailor-made defense equipment support from its all-weather friend Beijing, the battle-hardened army not only cleansed Pakistan from the menace of terrorism, it also facilitated the critical peace talks between Washington and Afghan Taliban.
After the 9/11 terrorist attacks on America, Pakistan strongly backed the US war on terror in Afghanistan. As a matter of fact, General Musharraf was Pakistan’s army chief and president when September 11 jolted the US. So under his control, Islamabad played a key role to the world’s campaign of ending the terrorism once for all.
Now with the death punishment of the former army chief, Pakistan could face some extensive strategic implications in the region. The global media, mainly the US broadcasting outlets, would certainly take the opportunity to pale the achievements of Pakistan armed forces by exploiting its role in the domestic politics.
It would additionally demoralize Pakistan army that has lost thousands of troops in war on terror and has long been assisting peace in the region. It must be excruciating for Pakistan military to be handed a capital decree to its former army chief over treachery and someone who led the country’s most-revered organization for about nine years.
Soon after the verdict, Pakistan army expressed great resentment over the court decision. In its press release, military’s Inter-Services Public Relations (ISPR) said “(Decision) has been received with lot of pain and anguish by rank and file of Pakistan Armed Forces,” which denied the right of self-defense to its former head.
At a time when all the global powers including China, Russia and the United States are pursuing the path of political dialogue with Afghan Taliban and China and Pakistan are making collective efforts for ensuring peace and sustainable economic development in Afghanistan – the aggravations in the ranks of Pakistan army over its head’s capital punishment cannot be overlooked.
The growing antipathies could divert Pakistan armed forces concentration from peace and stability into the region to disproportionately occupy itself into domestic issues. And most importantly, this could be a break for the global subversive elements and bottled-up terrorists to re-launch their disruptive activities more actively in region and Pakistan that’s economy has just started to move ahead on the back of China-Pakistan Economic Corridor (CPEC).