A Desperate Musharraf--The News

[adib]

A desperate Musharraf may drag in the Army




Friday, July 24, 2009

By Ansar Abbasi

ISLAMABAD: There exists a real possibility of a cornered General (retd) Pervez Musharraf attempting to drag the Pakistan Army into the current case in the Supreme Court to save his own skin, but he could end up doing even greater damage to himself.

A top lawyer, who remained closely associated with Musharraf and represented him in different cases in the past, confided to The News that Musharraf may take refuge under the institution of the Pakistan Army by arguing before the 14-member bench of the Supreme Court that the Nov 3rd 2007 emergency cum martial law was the consequence of his consultation with others including military top command.

The lawyer confided to The News on condition of anonymity that Musharraf would though finalise his strategy within a day or two as how to deal with the apex court notice issued to him, he would possibly drag Pakistan Army and its top command in Nov 3rd case to secure himself from being sent to gallows for his Constitutional misdoings.

Abdul Hafeez Peerzada is reportedly in London and already having consultation with the ousted dictator. According to the source, Musharraf is expected to inform the apex court that his decision of imposing PCO on 3rd Nov, 2007 was the conseqence of his consultation with the then Prime Minister,Governors, military high command including corps commanders, vice chief of army staff and presently Army Chief General Ashfaq Pervez Kayani and Chairman Joint Chiefs of Staff Committee General Tariq Majeed.

The source said that the ousted dictator would have the option of citing the content of the Nov 3rd PCO, in which the ousted dictator had claimed, “the PCO was being promulgated after the situation has been reviewed in meetings with the Prime Minister, Governors of all four Provinces, and with Chairman Joint Chiefs of Staff Committee, Chiefs of the Armed Forces, Vice-Chief of Army Staff and Corps

Commanders of the Pakistan Army.” It is, however, not yet clear if the “meetings” that he referred to in the PCO were officially documented (minutted) or he was advised by anyone in writing to take the Nov 3rd unconstitutional action. The PCO used the word “reviewed”, which does not mean anything as far as fixing the responsibility on others for Musharraf’s unconstitutional action of Nov 3rd is concerned.

However, interestingly the superior judiciary in Judges Case, also known as Al-Jehad Case, had ruled that even in cases where “consultation” and “advice” as provided in the law and constitution are mandatory do not mean anything if they are not meaningful and are not given in writing. In view of the Supreme

Court’s own interpretation of the words “consultation” and “advice”, the 14-member bench would decide how to deal with Musharraf’s move if he tries to drag others including the incumbent Army Chief, the

Chairman Joint Chiefs of Staff Committee by referring to the wordings of the PCO. In such a case, however, Musharraf would be required to produce before the apex court the evidence where the former Prime Minister Shoukat Aziz, the then four Governors and military’s top command had advised him in a meaningful manner and in writing to do what he did on Nov 3, 2007.

It is doubted that Musharraf has got anything in writing from Shaukat Aziz, any of the Governors, the then VCOAS, Chairman Joint Chiefs of Staff Committee and the Corps Commanders, suggesting him to impose mini-martial law on Nov 3rd November 2007. It is generally believed that the Nov 3rd unconstitutional action, which was taken by Musharraf in his capacity as Chief of Army Staff, was simply meant to pre-empt a possible judgment from the then Supreme Court against his bid for a second term in the Presidency.

[adib]

Musharraf may challenge constitution of SC bench

* Ex-president hires Hafeez Peerzada, Malik Qayyum, Fawad Hussain, Dr Khalid Ranjha

LAHORE: Former president General (r) Pervez Musharraf may challenge the constitution of the 14-member Supreme Court (SC) bench that issued him notice to explain the imposition of emergency rule on November 3, 2007, Daily Times learnt on Friday.

Sources said Musharraf had contacted Justice (r) Malik Muhammad Qayyum, Hafeez Peerzada, Fawad Hussain and Dr Khalid Ranjha, asking them to defend him before the SC.

When contacted, Fawad Hussain confirmed the reports and said Peerzada, Qayyum and Ranjha had also agreed to represent the former president.

He told Daily Times on Friday that several options were being considered to challenge the legal status of the SC bench.

Hussain said as the bench members were those directly affected by the November 3, 2007 presidential order, the members could not adjudge their own grievances.

He said they were also considering pleading immunity for the former president. However, Hussain said, Musharraf was determined to defend himself before the court.

Khalid Ranjha told Daily Times that the SC had not summoned Musharraf in person and that the former president was not the only one answerable for the November 3 actions.

He said the chief of army staff, the chairman Joint Chiefs of Staff, all corps commanders, all four governors and all chief ministers should also be questioned in this regard.

Ranjha said he believed the former president did not even need to reply to the court notice. rana tanveer




Musharraf says he will defend himself in court
* Says not aware of any indemnity deal for him between govt and army

LAHORE: Former president Gen (r) Pervez Musharraf has said he will stand up to any court case brought against him.

The former president made the comments at an interview with Karan Thapar – the host of the programme ‘Devil’s Advocate’ on CNN-IBN.

Questioned closely if there was any deal or understanding between the civilian government and the Pakistan Army to grant him indemnity against future prosecutions for his actions in office, Musharraf carefully and deliberately insisted that he did not know of such an understanding, but equally left open the possibility that there could be such a deal without his being formally aware of it.

“I didn’t get involved in any such understanding at all,” he said.

He also admitted for the first time that he had a secret understanding with former prime minister Benazir Bhutto which facilitated her return to Pakistan in October 2007.

“There was an understanding. I did talk to her, yes. I had been talking to her twice. She was not supposed to come back before the elections,” he said.

Asked if she had violated that understanding, he said, “Yes.” Questioned if she would have lived had she not broken that understanding and had fulfilled the terms of the agreement, the former president said, “I think so. I think so. Absolutely. She would have lived.”

He also claimed that if Benazir had lived to be prime minister, he would still be president of Pakistan today.