The Nation, 26 November, 2007

DR. FAROOQ HASSAN

While arguing major constitutional cases against Musharraf’s regime in the Supreme Court of Pakistan since 2000 I realised that his only agenda was ‘himself’. Both the coups of October 12, 1999 and that of November 3, 2007 were staged to save his army chief’s job. In1999 he had been retired by the constitutional authority, the country’s prime minister. In 2007 likewise he acted to save himself from being declared ineligible by the country’s competent constitutional forum, the Supreme Court. In both cases he reacted very strongly. In the former case he removed the prime minister and suspended the constitution. In the latter case too he acted likewise to remake the Supreme Court and place the deposed judges in detention after proclaiming Emergency.

Musharraf justifies his draconian action under the country’s ’security’ concerns. That end is accomplished by jailing of thousands of political activists opposed to his regime, the leadership of the civil society and barbarically outlawing all media that is disseminating contemporary information to the local and the international public by its honest and hard working journalists. Under emergency 80% of the country’s superior judges, the chief justice, thousands of lawyers and media are thus severely crippled.

But he still insists on holding elections as soon as possible, since that would ‘justify’ his ‘democratic’ credentials, but without constitutional oversight or an independent judiciary. The most explicit narration of this perspective comes from none other than the president himself. While talking to the BBC on November 16 he is reported to have said “It was judges and opposition politicians - not he - who were trying to derail the political and democratic process in Pakistan…. I demand an explanation for his portrayal in the Western media in recent months. Did I go mad? Or suddenly, my personality changed? Am I Dr Jekyll and Mr Hyde?” He asked. Most vitally he then says “Have I done anything constitutionally illegal? Yes, I did it on November 3,” he said, referring to his imposition of emergency rule. “But did I do it before? Not once.”…. “Who is trying to derail the political and democratic process? Am I? Or is it some elements in the Supreme Court - the chief justice and his coterie… and now some elements in the political field.” I need not elaborate this heart-breaking story any further. But this much is necessary to stress. He keeps harping that the only institution that works and is trustworthy is the army. Whatever is the qualitative excellence of this institution is not for me to comment upon.

Read the full text of “Back to the Future and more …” here.

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