Daily Times Editorial Jan 6, 2014

Nawaz on Musharraf’s trial In what appears to be an attempt to distance himself and his government from any impression that the treason trial of Musharraf is some form of vendetta, Prime Minister (PM) Nawaz Sharif in an interview with a television channel has said that the state and the constitution are the real plaintiffs in the matter. Further, that it is up to the special court conducting the trial to determine whether the state was humiliated before the world because of the imposition of emergency by Musharraf on November 3, 2007 and falls within the purview of Article 6. The case, the PM stated, was not against any individual. Further comment, he went on, was not appropriate since the case was sub judice. Perhaps it is just as well that the PM chose not to go beyond a statement of the principles involved in the case since Musharraf’s lawyers have already moved contempt petitions before the trial court regarding the PM and members of the cabinet’s continuing comments regarding the case. That however has not stopped Information Minister Pervez Rashid from reiterating that the matter rests with the court or Defence Minister Khwaja Asif from delivering himself on issues surrounding the matter, including a categorical rejection of the application moved by Mrs Sehba Musharraf before the interior ministry to take Musharraf’s name off the exit control list to allow her to take her husband abroad for medical treatment. The diversion of Musharraf’s convoy to the Armed Forces Institute the other day when he was on his way for an appearance before the special court has given rise to a number of speculations. Political leaders have expressed unflattering opinions on the development, including former president Asif Ali Zardari who contrasted what he saw as the excuse of ill health to avoid the court appearance by Musharraf with Zulfikar Ali Bhutto’s courage in facing death by judicial decree. PTI’s Shah Mehmood Qureshi wants the government to answer the charge doing the rounds that some ‘deal’ has been worked out to allow Musharraf to leave the country and bring the case to a premature, but probably convenient close. Even Musharraf’s defence lawyers were surprised and puzzled by his sudden illness and diversion to hospital when they were waiting for his appearance in court. Sharifuddin Pirzada, the senior defence lawyer, speculated out loud whether Musharraf was listening more to Rawalpindi still rather than his legal team, which had advised that he appear before the court. Meanwhile special prosecutor Akram Sheikh has complained that he and his family are receiving threats from the intelligence agencies. The confusion surrounding Musharraf’s case does not owe its origins to these latest developments. Astute observers have been questioning the basis of a selective focus on the November 3, 2007 emergency rather than the 1999 coup, arguably the more serious violation of the constitution. These sceptics reject the argument that the King’s Party-dominated parliament’s endorsement of the coup has legal and constitutional validity. They go on to point out that the 1999 coup case would open a Pandora’s box and potentially involve a great many more people and institutions, including arguably the actions of then PM Nawaz Sharif, the support to the coup by the army, judiciary (including the recently retired chief justice), collaboration by many politicians, the bureaucracy and even parts of the media. For these reasons, perhaps no one wants to go down that road. These original objections to the manner in which Musharraf was being put in the dock have been added to by the latest developments. Although Pervez Rashid has reiterated the government’s position that there has been no international pressure for Musharraf’s being let off, the ‘routine’ (according to the foreign office) visit today by the Saudi foreign minister is being accorded great importance, given that country’s deep and abiding interest in the whole episode of the 1999 coup and all that followed, including mediation on Nawaz Sharif's behalf. Rumours are rife that the military is behind the moves to get Musharraf off the hook and send him abroad on the grounds of medical treatment. One can be forgiven in the circumstances for questioning once again whether the requisite political will exists to see a treason trial against a former COAS proceed, whether wholly or partially, with all its attendant risks to the sitting government.