In the past few weeks there has been a lot of discussion about Article 6 of the much amended barely surviving Constitution of Pakistan. Article 6 reads as follows:
“High treason.- (1) Any person who abrogates or attempts or conspires to abrogate, subv
erts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) Majlis-e-Shoora (Parliament) shall by law provide for the punishment of persons found guilty of high treason.”
There has been general consensus in the country that General Musharraf violated the Constitution not once but twice (general consensus means all Pakistanis excluding Sharifuddin Pirzada, and Malik Qayyum), first on October 12, 1999 and again on November 3, 2007. This view was further vindicated by the Supreme Court’s ruling in Constitutional Petition No.9 of 2009 ( Sind High Court Bar Association versus The Federation of Pakistan) issued on July 31, 2009. In which the court has declared:
“i)that the purported acts done by General Pervez Musharraf, (Rtd) between 3.11.2007 to 16.12.2007 aimed at to suspend and amend the Constitution through several instruments are unconstitutional, invalid and without any legal consequence;
ii) that on account of his acts taken during 3.11.2007 to 15.12.2007 relating to superior judiciary, General Pervez Musharraf (Rtd) became a usurper;
(Reference: http://www.supremecourt.gov.pk/pr/press_release/pr-31-07-2009.pdf)
Although acts of October 12, 1999 were not discussed the ruling leaves absolutely no room for confusion far as the Constitutional status of Gen. Musharraf is concerned, yet a political debate has been going on about applicability and practical implications of Article 6. With the facts established so distinctly there is no real need for a debate and the back and forth between the ruling Pakistan People’s Party (PPP) and Pakistan Muslim League Nawaz (PMLN) has had more soap opera style moments then actual developments.
It is very often ignored but the actual hurdle in the process has been clause 2 of Article 6. Clause 2 implicates aiders and abettors in the crime and requires an equal punishment. Far as Gen. Musharraf’s regime is concerned this would mean that Pakistan Muslim League Quaid (PMLQ), Muttahida Quami Movement (MQM) and Jamiat Ulema-e-Islam Fazl (JUIF) can all be held accountable for their contributions during the nine years of Musharraf administration.
PMLN has championed this issue for some time now, however the ruling PPP has made it clear that the government is not interested in invoking Article 6 and it is speculated that it was an understanding between Gen. Musharraf and Late Benazir Bhutto that Gen. Musharraf will be indemnified for his extra-constitutional measures in exchange for an infamous National Reconciliation Ordinance (NRO) and of course there were foreign guarantors involved.
When Prime Minister Gillani stated in the National Assembly that Article 6 will be invoked if a unanimous resolution is passed to support Musharraf’s trial he very obviously knew that a unanimous resolution is not required under the Constitution and it is impossible since PMLQ, MQM and JUIF have a significant presence in the legislative assembly, which demonstrated that government was unwilling to proceed with the matter. Prime Minister Gillani’s poorly delivered speech (as usual) was simply a wrong step in the right direction.
It has also been speculated that if under the unlikely situation Gen. Musharraf and his allies were tried and convicted it would make way for similar proceedings against usurpers of the past and it would be a possibility that the Supreme Court may then declare their acts as unconstitutional and subsequent acts of Parliament ratifying those acts as void ab initio.
In which case champions of democracy PMLN will have to face consequences for supporting Gen. Zia ul Haq and PPP will also have to face embarrassment since their founder leader Late Zulfiqar Bhutto was a member of Gen. Ayub’s cabinet. That is exactly why PMLN will continue to talk about it but no actions will be taken.
Even if we do not bring into discussion foreign influences and GHQ’s input it is very clear that Article 6 will not be invoked because it could potentially wipe out almost all political parties. Gen. Musharraf will not be tried in a court of law despite his criminal violations.
All these facts are well known and fully understood by all stakeholders yet we see a heated debate going on in the country where the political forces are daring each other to introduce a resolution in the National Assembly to invoke Article 6.
Most Pakistanis are also well aware of the implications of the current political scenario and understand that political forces are clearly using this issue to position themselves for the next general elections, at which point you have to stop and wonder how stupid do they think people of Pakistan are?
First a dictator violates the Constitution in every possible way for nine years, and is allowed to exit the Presidency with honour, and then the political parties play with the issue much to their own amusement using every opportunity to launch verbal assaults on the former dictator but not taking any actual measures to prosecute him, while the former dictator is travelling the world mocking the poor people and the Government of Pakistan.This is yet another crucial stage in the history of Pakistan and will determine if the country will have a sustainable democratic system or not. And if the people of Pakistan want democracy they will have to make their voices heard on all possible venues because let us all be clear that Gen. Musharraf was not the first dictator and if he is not held accountable for his actions he will not be the last one either. It is refreshing to note that people of Pakistan and some of the media outlets have kept the discussion alive, however, to actually make it happen it will have to be a much bigger and organized effort to ensure that political forces show respect to the people’s opinion. A movement similar to that of the restoration of judiciary can do it for Pakistan.
It is crucial that influence from foreign governments the so-called guarantors must be resisted, it is an embarrassment for any sovereign nation that foreign officials intervene in almost all internal matters. However, it looks unlikely in the near future.
Even if Gen. Musharraf remains out of Pakistan a trial must be held and if he is convicted a strong precedent will be set for potential usurpers. Political parties should come together on the issue and negotiate the matter and even if it involves somehow focusing on Clause 1 and not Clause 2 of Article 6 for now it would still be a huge step towards a sustainable democratic system in the country otherwise it will not be very long before ‘they’ do it again.
In the meanwhile I choose to remain optimistic and Passionate About Pakistan.
