More ammunition for Musharraf's
foes By Syed Saleem Shahzad
KARACHI - In the wake of a controversial law
passed by the lower house of parliament last week
allowing Pakistani President General Pervez Musharraf to
remain as chief of army staff and head of state at the
same time, despite a constitutional pledge that he would
not do so, political analysts see nothing but trouble
from both politicians and sections of the army opposed
to the move.
At the same time, any vulnerability
shown by Musharraf in the face of this opposition will
be exploited by a resurgent "Pakistani al-Qaeda".
The latest political row started last Thursday
when the Lower House passed a bill empowering Musharraf
to stay on as army chief, despite his constitutionally
enshrined and public pledge last year to quit the post
by the end of the year.
The law was passed by
a simple majority amid noisy protests by
opposition members from the Muttahida Majlis-e-Amal (MMA)
Islamic bloc and the secular Alliance for Restoration
of Democracy (ARD). The House was plunged into
pandemonium again on Friday as opposition deputies sprang to their
feet and shouted slogans against Musharraf and the
"black law".
Musharraf said
in a nationwide broadcast last December 24 that he would
relinquish the military post by the end of 2004.
Musharraf acknowledged that a president in uniform was
"undemocratic" and said he had made his decision for
better political harmony in the country. Musharraf's
pledge was part of a deal with the MMA, which in turn
backed the passage in parliament of Constitutional
Amendment 17, which validated Musharraf's presidency and
sweeping powers, including the power to dismiss
parliament.
Analysts tell Asia Times Online
that a constitutional crisis is likely to ensue that will
serve as a catalyst for diverse pressure groups,
including anti-Musharraf officers still in abundance in
the army, opposition political parties, and the
"Pakistani al-Qaeda" - hundreds of jihadi cells that
have been established across the country - to bring about
Musharraf's downfall.
Constitutional
crisis Speaking to Asia Times Online in
an exclusive interview in Karachi, the retired chief
justice of the Supreme Court of Pakistan,
Saeeduzzam Siddiqui, maintained that at present there is no
real crisis. However, Pandora's box will open on January 1
when, under
Constitutional Amendment 17, which was
passed by parliament with a two-thirds majority, Article
63 (1)d will be operative, under which the president
will only be allowed to keep one office - either chief
of army staff or president.
Saeed was
appointed chief justice during Nawaz Sharif's
administration (1997-99). When Musharraf ousted Sharif in a
bloodless coup on October 12, 1999, he put the
constitution "in abeyance". Musharraf then introduced a
Provisional Constitutional Order under which the
judiciary was forced to take fresh oaths. Several judges
refused, including Saeed, and he stepped down. The
government placed him under house arrest and the
then-director general of the Inter-Services
Intelligence, Lieutenant-General Mehmood Ahmed, pursued
him for hours to take the oath, but he did not change
his mind.
"You have to understand that the
present legislation is not a constitutional amendment.
They have only passed a law [by parliament with a simple
majority] allowing Musharraf to hold two offices," Saeed
said, explaining that the constitution of Pakistan
presents a full package of articles that deal with the
president's office, how it should be elected, a person's
qualifications and disqualifications, etc. And then
there is Article 260, which defines the situation
further.
Saeed then explained in some detail the
intricacies of the constitution and the agreement
between the opposition MMA and the government that has
to date allowed Musharraf to wear two hats, and as a
member of the armed forces to hold a political post.
At the heart of the issue is the agreement, and
even S M Zafar, who was the negotiator from the
government side, said recently in his book that in terms
of this accord Musharraf was legally bound to leave one
office prior to January 1, 2005.
"However, these
are all opinions. This matter shall have to be referred
ultimately to the Supreme Court of Pakistan, as it is the
sole competent authority which shall make an
interpretation of these laws," Saeed said.
The political struggle The crisis is
expected to see the ARD and the MMA forge "a greater
religious-political alliance" in the near future to
build up pressure against the Musharraf regime.
Core leaders of the MMA from all the provinces
met in Islamabad on Monday to work out a strategy on how
to react. The meeting was called by Qazi Hussain Ahmed,
president of the alliance, who also apprised the
provincial leaders of the MMA's dialogue with the ARD.
"We have started consultations to form a grand
alliance against the government and its national
charter. We will go to the masses to kick off a campaign
against General Pervez Musharraf," said Qazi at
Parliament House after the opposition had registered its
protest by boycotting proceedings of the National
Assembly.
The acting parliamentary leader of the PML-Nawaz,
Chaudhry Nisar Ali Khan, and the deputy secretary
general of the Pakistan People's Party, Shah Mehmood
Qureshi, were also present and seconded the views of
Qazi.
Qazi said that after mutual consultations
the opposition would come out with details of the grand
alliance. He also announced that the MMA did not accept
Musharraf as president, either in uniform or out of it.
"General Musharraf violated his own oath as an army
officer and betrayed the promise made to the nation
regarding quitting as army chief by December 31 this
year," he said.
He said parliament had now
lost its sovereignty and sitting in such a parliament
was useless. "But for the time being the opposition has
decided not to tender resignations from parliament and
continue to build pressure on the government from inside
and outside parliament," he added.
The
PML-Nawaz's Nisar said that in the coming days the
opposition would unite on a one-point agenda and would
take to the streets with the support of the people. He
was of the view that the government had turned
parliament into a "rubber stamp" and impaired its
sovereignty.
The government's response to the
situation has been surprisingly aggressive, and
according to a top MMA leader who spoke to Asia Times
Online, they are expecting a show of force.
The media
have already been put under immense pressure concerning
events relating to the opposition parties, and the
government has sent a clear message to media bosses that
any defiance will be met with tough action. As a
foretaste of this, the longest-running
television show in Asia, View on News,
was forced to withdraw a program in which
its anchor and head of the channel, Dr Shahid Masood,
questioned the recent shooting of Taliban-linked
fugitive Amjad Farooqi by Pakistani security forces. He
raised the issue of why he was not captured alive and
given an open trial. The station was also threatened
with closure in Pakistan.
Another channel was
given a similar threat when it covered Farooqi's funeral,
at which it reported a huge number of people - more than
12,000.
In the current environment
in Pakistan, political turmoil is the last thing the
authorities want as law-enforcement agencies will be distracted
from keeping a watch on anti-Musharraf army officers,
who have already projected themselves as "free
officers" through letters to the media. Musharraf spoke
about these officers after a failed attempt on
his life late last year by clearly mentioning an army
connection. Musharraf's latest attempts to consolidate
all his power give his opponents further reason to try
again to oust him.
Al-Qaeda-linked jihadis are
also awaiting their moment. Contacts tell Asia Times
Online that they are lying low at present to see how
things will pan out in the near future. In general,
according to the contacts, the jihadis simply want to
remove Musharraf, as they feel his replacement would be
weak and more easily manipulated.
Syed
Saleem Shahzadis Bureau Chief, Pakistan, Asia Times
Online. He can be reached at saleem_shahzad2002@yahoo.com.
(Copyright 2004 Asia Times Online Ltd. All
rights reserved. Please contact content@atimes.com for
information on our sales and syndication policies.)
Constitutional Amendment 17, which was
passed by parliament with a two-thirds majority, Article
63 (1)d will be operative, under which the president
will only be allowed to keep one office - either chief
of army staff or president. 
