General Musharraf: An Unwitting Champion of Democarcy and Rule of Law
By Shakil A Rai
Los Angeles, CA
By Shakil A Rai
Los Angeles, CA
General Pervez Musharraf has distinguished himself in many ways. He has the unique distinction of abrogating the Constitution twice, first to overthrow a lawfully elected government and next time to scuttle a political setup he had carefully crafted to suit himself.
While others cajoled, threatened, and manipulated the judiciary to get the desired result, Musharraf took commando action against them; he dismissed all the judges of superior judiciary, and then imprisoned them.
Like his predecessors he too usurped the highest political office with the power of the gun. His distinction is that unlike Ayub Khan and Ziaul Haq he came to believe that he was a popular leader in his own right and had a role to play in shaping the future of democratic Pakistan.
The latest distinction of the usurper-turned-politician is that he is the only one who is now on trial on charges of high treason, unlawful detention, and abetment in the murder of two leading political figures in Pakistan.
Among all the distinctions of the retired general his trial, revocation of bail, escape from the court house, and later arrest have created an electrifying drama of great excitement. The sheer sight of a former military ruler and chief of army staff being in the dock is shocking to some, and exciting to many.
Those gloating at the prospects of the former strongman going to prison or still worse to the gallows believe this would establish supremacy of the law and forever close the door of military adventurism in domestic politics. The denouement of the Musharraf saga will put many a ghost to rest, and free up the country to pursue constructive and progressive policies of peace and progress instead of bungling from one military adventure to the other.
There are those who caution against opening this Pandora’s Box which could lead to unforeseeable and dangerous consequences. They argue the military will not allow humiliation of its former Chief and could take some drastic action in his favor. Gen Musharraf has hinted at it more than once and warned against conflict between pillars of state and destabilization of the country.
It is difficult to fathom the depth and intensity of the anxiety being felt in the military ranks, when they see their former chief of staff being humiliated in courts and suffering the travails of the laws delays like any ordinary Pakistani. Will they let Gen. Mushraff suffer the fate of Hosni Mubarak of Egypt? Allow the law to take its own course and decide the case on merit? So far the military leadership seems to have decided to stay in the background and not to take any action that would align them with Musharraf against the judiciary, political mainstream, and popular will. They seem to have realized that political landscape has changed so much that they cannot afford to side with their former boss in defiance of the collective will of the masses, and civil institutions.
Judicial trial and political tribulations of General Pervez Musharraf have within them the potential to establish civilian control over the armed forces and secure a democratic future for Pakistan.
That goal seems within reach for the first time in six decades, provided the judiciary and political leadership demonstrate the commensurate level of maturity, play by the rules not emotions, and make extra effort to show that the judicial process is not a peevish attempt at settling scores with their erstwhile tormentor.
Rowdy behavior of the lawyers at Musharraf’s court hearings was undignified to say the least. Throwing shoes, yelling and shouting, and even trying to hit him physically reflect very poorly on the legal fraternity, that reminds one of street hooligans not of barristers-- the upholders of law.
Political developments within Pakistan and changes witnessed in Turkey and Egypt in recent years point toward a trend of assertive civilian control and receding political role of the armed forces.
Hosni Mubarak was abandoned by the military once they felt the heat of public fury. Before late they decided to sacrifice their supreme commander to save the institution of the armed forces and retain their public prestige. Mubarak is now in the same notorious prison where thousands were tortured, and held without trial for years during three decades of his dictatorship. Right now Egypt is going through a rather chaotic democratic process but the trend seems irreversible, and there is no going back to military rule or tolerance of dictatorship. The fear factor instilled by decades old dictatorial rule that intimidated the masses has now evaporated with the dawn of Arab Spring. It has given courage to the masses to question the rulers and not fear them.
In Turkey, less dramatic but more fundamental changes have been wrought in civil-military relationship. Unlike Egypt, where military still holds some sway in political matters, Turkish military is now firmly under civilian control. Generals are being held accountable not only for what they did or tried to do under the present government but also for the interventions and coup d’eta they staged more than three decades ago. Hundreds of senior military officers including generals are behind bars right now. Socio-political transformation is so deep rooted that no one is looking up to the armed forces any more as saviors who can just march in do a quick fix.
In the case of Pakistan a similar process is underway and if we do not trip this time, as we have so often in the past, the situation is ripe for a sustained democratic future where military, gradually, comes under civilian control.
Pakistan Army has not stepped forward, so far, to save their former Chief of Staff from the travails of legal challenges, nor have they shown any inclination to help him pursue his political ambitions. In an interview with BBC, just before he left Dubai for Pakistan he said that military knew what they were expected to do for him. He was obviously implying that military would come to his rescue and would not let him down. But the retired general did not realize that by returning to Pakistan at this stage he was putting Pakistan Army in an embarrassing situation. The Military cannot afford to side with a former commander in defiance of the express will of the civil society, judiciary, and political leadership. There are media reports that the military had advised him not to return to Pakistan at this stage with political ambition. His trip to Saudi Arabia also did not seem to have won him the desired support in the power circles of Pakistan.
Also there is reason to opine that the legacy of Gen Musharraf is quite controversial in the military. This can be gathered from what many army generals have said after their retirement. From Kargil to the so-called war on terror, and from the Lal Masjid to the detention of judges, all actions have made him a controversial figure within the forces.
The change in the political landscape that came with the second abrogation of the Constitution and detention of sixty judges, is there to stay. The second abrogation has become a millstone around the neck of the general and he cannot swim any longer in the turbulent political waters of Pakistan.
Each previous abrogation of the Constitution was readily endorsed by the Supreme Court on the basis of the law of necessity. The legislature elected after the military takeover duly sanctioned the military regime. The coup d’état of October 1999 had the blessings of the Supreme Court and for eight long years the legislature supported the military strongman as a de’ jure ruler.
The mood of compliance and subservience changed drastically when the second abrogation of November 2007 took place. The judiciary was the first to resist it, legal fraternity joined in, and political leadership made it into a mass movement. President Musharraf who was all powerful and looked invincible had to resign to escape the inevitable impeachment by the newly elected parliament, and then went into self-imposed exile stay out of trouble.
As often before the general miscalculated the mood of the people, the determination of the judiciary to pursue legal cases against him, and underestimated the strength of his political opponents, and grossly over-estimated his own political charm. Once an all powerful ruler could not appreciate how irrelevant he had become in the changing times, and how serious were the legal challenges he was faced with.
In this miscalculation of the general lies a chance for Pakistan to charter a new democratic course for its future marked by balanced civil-military relationship and supremacy of law. If this comes true General Musharraf would deserve our thanks for ushering Pakistan into sustained democracy, putting an end to military adventurism, and leading the nation into the new age of peace and prosperity. The nimble hand of history works in a strangest of the ways and this Musharraf-way may be one such way. But, we have to be on the right side of history and show dignity and maturity of a nation that wants to come to grips with its disturbed past and lay down the ghosts that have been haunting it for too long. - drshakilrai@gmail.com
