One-week reprieve for Musharraf in treason trial

It would be difficult to predict the outcome of the treason trial instituted against Pakistan’s former strongman Gen. Pervez Musharraf as it is still shrouded in mystery. However, the trial has stirred a heated debate in the country over the impact of this trial.
Many say that the trial can open a Pandora’s box or will reflect poorly on the government of Nawaz Sharif. The masses are keen to know as to why the country’s highest judicial forum, the Supreme Court, instead of nominating a three-member bench of judges for holding the trial, has thrown the ball back in the government’s court.
Under the decades-old practice, the executive requests the apex court to nominate judges for a probe into sensitive issues. The government had adopted the same course of action by forwarding five names — decided by the provincial high courts — to the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, who was supposed to shortlist three from the list.
However, in a surprise move — for which no explanation has so far been offered — the chief justice sent the file back to the government allowing it to choose judges itself.
Subsequently, the Ministry of Law and Justice selected Justice Faisal Arab, Justice Tahira Safdr, and Justice Yawar Ali from Sindh, Balochistan and the Punjab high courts respectively.
The selection showed that smaller provinces of the KPK and one in the tribal belt, was considered unworthy for the job.
One controversy was already brewing over the selection of the judicial bench; another issue came to the fore. Prominent lawyer and former attorney-general Anwar Mansoor pointed out that Musharraf was not being tried for overthrowing an elected government in 1999. According to Mansoor, Musharraf is being tried for dismissing the superior court judges in 2007.
It seems that Chief Justice Chaudhry, who had legitimized Musharraf’s coup in 1999, wanted to stay away from the case so as to avoid problems in future.
PPP’s Syed Khurshid Shah, Opposition leader in the National Assembly, has demanded that the trial’s scope should be extended to the original coup against Nawaz Sharif’s previous government, as the removal of judges from service on Nov. 3, 2007, was just a small chapter of a massive thriller, written in 1999. He avoided answering questions as to why did his own PPP-led government did not take any action during its recently concluded five-year term.
There are rumors doing the rounds that Army chief Gen. Ashfaq Parvez Kayani and his officers are opposed to trying their former chief. It is said that the army had been trying to protect Musharraf and did not allow the Federal Investigation Agency (FIA) to probe him.
On Wednesday, Kayani reportedly presided over a key commanders’ conference in Rawalpindi, which has fueled fears that the army may be making a move to stop the government from taking any action against Musharraf.
Another prominent lawyer, Babar Sattar, expressed his fears that perhaps Sharif is set to take revenge for what Musharraf did to him.
A former army general and analyst, Talat Masood, says the whole issue will open up “a can of worms.”
The common man and leading journalists are of the opinion that the case is bound to entail risks for key persons in the army and the judiciary, which in turn will expose the country to a new kind of turmoil.
Analysts argue that the trial is ill timed as Sharif’s government is already faced with economic issues and terrorism. They recalled that Interior Minister Chaudhry Nisar had announced the trial when Sharif was touring Sri Lanka and Thailand. They believe that the sudden announcement was aimed at diverting attention from the gruesome incident that had taken place in Rawalpindi on the 10th day of Muharram.
If Musharraf submits a list of defense witnesses, which may include top army generals and calls even the former judges, justifying his coup in 1999 through a court judgment, then the matter will take a new turn.
The court is ready to charge him on the basis of evidence reportedly collected by the federal investigators, but whether these evidence will hold grounds during debate by rival lawyers in the three-judge court, remains to be seen. Agreement, however, is that the court may entangle itself on issues which will be difficult to resolve. The trial, therefore, may backfire, which would be a major source of embarrassment for Sharif.

Last week’s All Parties Conference (APC), the first most comprehensive congregation of political heads in recent times, was a direct vote of confidence for Prime Minister Nawaz Sharif, arming him with a powerful tool to present Pakistan’s case against terrorism and look for international support for its cause at the upcoming session of the UN General Assembly in New York.
Pakistani nation has unanimously expressed its resolve to rid itself of the menace that is badly affecting its economy and tearing the country apart. The resolution passed by the historic assembly in Islamabad, not only was a personal triumph for the premier, it sent a clear message to the world that Islamabad is dead serious in its efforts to deal with a complicated problem with the effectiveness it deserves.
It is now for the international community to back Pakistan, heed its advice, and lend whatever assistance it can to turn Pakistan into a peaceful, progressive state, so that it can play its due role in the world with dignity.
Paying lip service is not enough, Pakistan's sacrifices as a front-line state in the war on terrorism should be recognized and practical steps should be taken to repay the people of this country.
Whether the indirect efforts made so far to initiate a dialogue with the Tehrik-i-Taleban Pakistan (TTP) can really lead to something positive, will be too premature to predict, but statements from the TTP leadership regarding the peace talks are encouraging enough to remain optimistic.
It would be needless to say that the TTP and the Taleban of Afghanistan are two different entities — vastly different in approach and mindset. Pakistan government, drawing satisfaction from the military’s response to its preference for negotiations with the militants, is now in a much better position than ever, to at least set the ball rolling.
Arguments that militants need to surrender arms before being asked to come to the negotiating table are devoid of any logic. Any precondition at this critical stage, is bound to backfire. So, even if the Taleban do not lay down arms but agree to sit across the table, it will be a major development. That has been exactly the position taken by the prime minister and Interior Minister Chaudhry Nisar Ali Khan and their arguments are backed by realism.
There is no point in getting emotional on a subject wherein differing viewpoints have already inflicted enough damage. Ground realities need to be appreciated, which the army has agreed to do. In fact both the army and the ISI chiefs have fully endorsed the civilian government’s viewpoint, which is heartening.
Sharif, ever since assuming the office, has been constantly in touch with Army Chief Gen. Ashfaq Parvez Kayani.
Kayani, cool and calculated as he is, has reportedly appreciated Sharif’s viewpoint, which has greatly helped remove misconceptions that the civilian and military authorities were two different entities trying to dominate each other.
As a matter of fact, army’s position has never been that. It has always sided with the civilian government, recognized its legitimacy to conduct the affairs of the state.
Perceptions may differ but even if there were any differences on policy issues, these seem to have been put on the back burner. The Pakistan Army also wants a political solution to this problem. However, the APC was clear that if negotiations fail to yield desired results, the other option could always be used.
It is very heartening to note that all the political parties, religious or liberal, are on the same page.
The Taleban in Afghanistan and Al-Qaeda have weakened over time and are willing to hold talks with the United States. This should help the TTP realize importance of dialogue before it is too late.
However, there is one factor that could create problems in the long term and that is the existence of more than 60 groups claiming their affiliations with the TTP. But if any major group begins talks with the government, the smaller ones will automatically follow suit. The situation may be fluid but hopes are high.