Musharraf: Public Enemy No. 1

Pakistan has a President it did not choose and does not like. Yet, he has been able to frustrate every effort to remove him. He could either be removed by the military or by an assassin.   

Usman Khalid

I wrote a column on November 1, titled, "Would Musharraf Rule Have a Catastrophic End?"  I had no idea that the answer would come in just two days. The answer is a definite, "˜YES'. On November 3, General Musharraf suspended the Constitution after having claimed for years that HIS constitution that was promulgated through the 17^th Amendment was the best thing that happened to Pakistan . Like other idiots in uniform who ruled Pakistan before him, he believes that the secret of stability is a "˜good constitution'. Each one of them gave Pakistan a new Constitution. General Ayub Khan abrogated the 1956 Constitution that was properly passed by the Constituent Assembly of Pakistan gave the country the 1962 Constitution. General Yahya Khan abrogated the 1962  Constitution but had time only to the country an (LFO) that paved the way for India to invade East Pakistan and split our country into two. It was an elected civilian leader "“ Zulfikar Ali Bhutto "“ who secured national consensus for the 1973 Constitution. That constitution was first distorted and materially changed by General Zia-ul-Haq by the 8^th Amendment and by General Musharraf by the 17^th Amendment.

The 1973 Constitution has an Article 6 that says that any one who abrogates, suspends or subverts the constitution (these are not exact words) or aids and abets that, would be guilty of "˜high treason' - an offence punishable by death. Two Generals "“ Zia ul Haq and Musharraf "“ have committed the offence of high treason since the 1973 Constitution was promulgated. General Zia ul Haq understood that the return of a popular civil government would have him hanging with a noose around his neck. As long as he lived, he did not allow the installation of a popular civil government. He ruled for 11 years but did not relinquish the office of the Army Chief; he died in uniform in a mysterious air crash. General Musharraf has been no different. He made a solemn promise on TV to the entire nation that he would relinquish the office of COAS at the end of 2004. When the time came, he didn't; he claimed that "˜unity of command' was good for the country. His tenure as President was to come to an end on 15 November. He got himself elected by the rubber stamp assemblies created in rigged elections of 2002, despite the resignation in protest by the entire opposition. His election was challenged in the Supreme Court on the grounds that the Constitution as well as the Military Law bars a serviceman to contest an election to public office for two years after his retirement, removal or resignation. The law is so clear and iron clad there was no way the Supreme Court could have over-ruled its provisions. A judgement was expected in a few days that would have forced him to relinquish the office of the President and Chief of Army Staff on 15 November.

Unlike all the previous coup d'etats in Pakistan , General Musharraf did not dismiss the legislative assemblies or the federal/provincial cabinets. He clearly wants to keep the rubber stamp in place. He might want the endorsement and validation of the PCO from such a parliament. He might want other constitutional amendments passed by this parliament which is now composed almost entirely of his cohorts in crime "“ the MQM and the PML(Q). The only opposition in the parliament can come from the members belonging to Benazir's PPP. Since Musharraf clearly sees safety in numbers, he wants to have as many accomplices as possible "“ from the military, the judiciary and the political class where political pimps are plentiful. Thus far, only a minority of judges have taken fresh oath on the PCO. How the bar and the people react to the "˜PCO Judges' would decide if their numbers increase. On the political scene, however, the lines are clearly drawn. PML (Q) will lie and die with him; MQM is likely to sit on the fence; the PPP has to make up its mind. All the other political parties are committed to fighting Musharraf all the way to his grave.

I see the situation today to be very similar to the one of 6 October 1958. General Iskendar Mirza was the legitimate President elected under the 1956 Constitution. Yet, he decided to abrogate the Constitution and imposed Martial Law. He had consulted the C-in-C of the Army "“ General Ayub Khan "“ before doing that. On reflection, the General realised that the "˜political mess' President Iskendar Mirza used an excuse to impose Martial Law was created under his watch. He saw that Iskendar Mirza drew his authority from the loyalty of General Ayub Khan and not from the Army or the Constitution. The General waited 21 days and on 27 October put Iskender Mirza of a plane to London and oblivion. Having suspended the Constitution, General Musharraf's position as President or Chief of Army Staff does not have the support of law and the constitution of the country. What is more, an eight member bench of the Supreme Court has revoked the PCO, declared it unlawful, and ordered all officials of the state including those of the armed forces not to obey or co-operate with orders under the PCO. This is a legal order by the highest court in the country. In contrast, the order to promulgate emergency or PCO are unlawful because the COAS cannot invoke Emergency and the President cannot suspend the Constitution.

The situation is much clearer for the armed forces today than it was for General Ayub Khan in 1958. He had to make a moral and political judgment to remove and arrest Iskendar Mirza. Today, General Ashfaq Kiani does not only have moral authority to act, he has been ordered to do so by the Supreme Court. He does not need to impose Martial Law as was the case in 1958. He merely needs to remove one man "“ General Musharraf "“ who has lost all authority by suspending the Constitution under which he was the President and Chief of Army Staff. He has committed a crime under Article 6 of the Constitution. The military and the judiciary are the prime institutions of the state where their members are judged and disciplined by their peers. Chief Justice Iftikhar Muhammed Chaudhry has already acted by revoking the PCO and ordering all the officials of the state NOT to obey orders or follow instructions from those who are appointed or derive authority from the PCO. It is now for the Service Chiefs "“ particularly General Ashfaq Kiani "“ to uphold the law and the constitution. General Musharraf is Public Enemy No 1. The people cannot wait 21 days for him to be arrested.  Other forces and other dynamics would take over if the service chiefs waited that long.