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    South Asia
     May 1, '13


Musharraf gets life ban from elections
By Syed Fazl-e-Haider

KARACHI - A Pakistani court has banned former president and military ruler Pervez Musharraf from electoral politics for life, barring him from contesting polls for the national and provincial assemblies as well as the senate. The Peshawar High Court (PHC) on Tuesday declared the former army strongman ineligible to contest elections for life for abrogating the country's constitution.

The court's verdict came in response to an appeal Musharraf filed over the rejection of his nomination papers for a National


Assembly seat in Chitral district, the only constituency of several in which he sought to be a candidate where the returning officer had accepted his nomination papers. The four-member bench headed by the Chief Justice of PHC Dost Mohammad Khan ruled that since Musharraf had abrogated the constitution twice, he could not be allowed to contest elections for either the National Assembly or the senate.

Musharraf, now aged 69, returned home in March ending his four-year of self-imposed exile to launch a possible political comeback. Last month, the judiciary and election authorities disqualified him from running in the May 11 general election.

An anti-terrorism court in Islamabad on April 20 remanded Musharraf for 14 days in relation to his crackdown on the judiciary during his time in office. The court ordered that he be detained until his next court appearance on May 4. The government has declared Musharraf's farmhouse at Chak Shahzad on the outskirts of Islamabad as the jail.

Musharraf faces several court cases including his alleged involvement in the assassination of former prime minister Benazir Bhutto in 2007 and the murder of veteran Baloch nationalist leader Nawab Akbar Bugti in 2006.

Last month, the Supreme Court constituted a three-member bench to resume the hearing of five identical petitions against Musharraf for subverting and holding in abeyance the constitution. The interim government however refused to try the former military ruler for treason under Article 6 of the constitution. In its written reply submitted last month to the country's top court, the federal government led by caretaker Prime Minister Mir Hazar Khan Khoso refused to initiate proceedings against the retired general under Article 6 saying it was not in its mandate to do so. The interim government said it had a limited mandate, which was mainly to ensure the holding of a free and fair election.

Musharraf's trial for treason has triggered a new debate in the country. Legal analysts believe that treason case will once and for all shut the door against aspiring military dictators who wish derail the democratic system by overthrowing elected governments and suspending the constitution. Some political observers, however, fear the trial will open a Pandora's box if it brings into the limelight his collaborators in the civil and military establishments and domestic politics.

Ahmed Raza Kasuri, counsel for Musharraf, warned that all those who backed the former military ruler in abrogating the constitution should also be tried under article 6. He said that 14 judges of the higher judiciary took oath under the Provisional Constitutional Order (PCO) of the military dictator, including Chief Justice Iftikhar Muhammad Chaudhry. Kasuri claimed there was discomfort within the Pakistan army over the way the former dictator was being treated.

The United States has distanced itself from cases against Musharraf while reaffirming its support for democracy in Pakistan. The United States "takes no position on the return of former president Pervez Musharraf or the legal proceedings against him", according to a statement from the US Embassy in Islamabad last month. Musharraf was a close friend to the US after he joined the US-led war on terror a decade ago. This invited the ire of extremists who on his return to Pakistan threatened to assassinate the former dictator.

The army has so far been silent over the humiliation their former chief is receiving from the judiciary, media, civil society and legal community. That might not last. This is the first time in the country's history that a military dictator has been arrested and tried for extra-constitutional acts and his trial may lead to a tussle between the military and judiciary.

Daily Times commented,
Musharraf's ill-advised (from his own interests' point of view) return to Pakistan has put the cat among the pigeons. The military is doubly embarrassed. It had reportedly advised Musharraf not to return, the latest such missive being dispatched just one month before the commando decided to conduct his latest "raid". The military's fears were for his security as well as the prospect of an ex-COAS [chief of army staff] being dragged over the coals in the courts. Although he has been provided what appears to be sufficient security by the government and his own guards to prevent any untoward development in the former apprehension, the latter one is being witnessed ever since he arrived.

The military embarrassment can only be imagined in being caught in the bind of protecting their ex-COAS while being helpless to prevent the course of the law (in civilian hands). The fears of a military-civilian clash, in which if history is any guide the latter may come out the poorer, may well be exaggerated. Times have changed. The very fact that an ex-COAS is being arrested is in itself a historic first and its significance given Pakistan's history of military interventions and dominance cannot be understated. Whatever else democracy may or may not have delivered, it has made possible the grinding of the wheels of justice, which, as we know, grind slowly but extremely fine.
Syed Fazl-e-Haider (http://www.syedfazlehaider.com) is a development analyst in Pakistan. He is the author of many books, including The Economic Development of Balochistan (2004). He can be contacted at sfazlehaider05@yahoo.com.

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