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Removing Musharraf from Power
General Musharraf holds the office of the President as well as Chief of Army Staff illegally. The tenure of the COAS is four years, which is not extendable. He would have retired late 2001 or early 2002, I am not sure. He had been given three years by the Supreme Court invoking the dubious 'Doctrine of Necessity' after he appointed himself the Chief Executive of the country. His life was saved by three of his colleague - the Corps Commanders in Karachi and Rawalpindi and the Chief of General Staff at GHQ all of who have long since retired. Apart from removing Nawaz Sharif as Prime Minister, General Musharraf has not employed the armed forces in support of his politics. He has depended on the MQM, the political pimps in the Punjab and renegades of the PPP to maintain himself in power. His referendum in 2001 (to make himself President for a second term) was bogus as he was the only candidate. Subsequent endorsement as President in 2002 by the National and Provioncial assemblies was just as unlawful and bogus because he was in uniform. There is absolutely no doubt that he is a usurper in both offices and has committed an offence of 'high treason' under Article 6 of the Constitution.
There is neither cause nor opportunity for the Army to ask Musharraf to resign until he invokes emergency or imposes martial law. The question is, how can he be removed from his perch in power by means short of that? There are three methods:
1. There should be challenge to his legitimacy in office as COAS and the President in the Supreme Court. That should be done now and decision obtained when Justice Bhawan Das is the Acting Chief Justice.
2. There should be vote in the parliament for his impeachment of Musharraf as President for dereliction of duty in handing over Karachi to criminals. That vote is by secret ballot and it is not required to be on party lines. The loyalty of the members of the LOTA League MUST be put to test; is the country and its constitution more important or the salary of a frew remaing months of the life of the present palliament.
3. The armed forces have the means and legal authority for arresting and punishing a crime committed by any of its members. Since Musharraf is still in unform, he can be quite properly be arrested and tried by Court Martial for misconduct. Leading two political parties - PML and MQM - while in in uniform is the garvest misconduct imaginable. Even more grave is the offence of 'criminal conspiracy' in handing over the city of Karachi to armed gangs of MQM because his 'unlawful command' to lay a seige of the city and shoot at the those engaged in arranging or partcipating in reception to the Chief Justice of Pakistan would not have been obeyed by the forces of the state under his command.
The people of this country should not have to die and their homes and businesses set ablaze because the Acting CJP, the Vice Chief of Army Staff, and the President of the Muslim League, who each have the power and authority to remove Musharraf from power, lacked the moral courage to use the instrument under their control.
+ Usman Khalid +
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