LAHORE - PML-Z Chairman Ejazul Haq says nobody can say with certainty that there will be no martial law in future if Gen Pervez Musharraf is tried under Article 6 of the Constitution and awarded capital punishment.
Talking to The Nation here on Sunday, he said martial laws of July 1977 and October 1999 were imposed in the presence of this article and it would be hard to say that there would be no military intervention once Gen Musharraf was proceeded against.
He said history bore testimony that Article 6 could not block martial laws in the past and at the same time the army did not step in despite the failures of the PPP-led coalition on all fronts during the past five years before the May 11 elections.
In his opinion it was beyond the purview of the Supreme Court to order the government to try Gen Musharraf under Article 6 just as it was not possible for the army to ask the government to pass a law against terrorism within a stipulated period. “All institutions have to work within their constitutional limits and no institution can dictate the other.”
Ejazul Haq, who is also a member of the National Assembly and is cooperating with the government, said the trial of Gen Musharraf under Article 6 for suspending the Constitution on November 3, 2007, would open a Pandora’s box and the situation could slip out of control. Proceedings against the former president and the army chief on the basis of his action on the day would also reopen the October 12, 1999 intervention as the legitimacy and indemnity granted to it by the Supreme Court and parliament stood withdrawn after the adoption of the 18th constitutional amendment.
This amendment had annulled the 17th constitutional amendment which had given blanket cover to all steps taken by Gen Musharraf.
In Ejazul Haq’s opinion, Gen Musharraf could be tried both for his Nov 3, 2007 and October 12, 1999 actions. But, he hastened to add that it would be unfair to single out the former military ruler. All those who had abetted or collaborated with Musharraf were also liable to prosecution.
He advised the government to focus on steps that could solve the serious problems facing the country and safeguard its sovereignty.
He recalled that when Article 6 had been incorporated in the 1973 Constitution, the country already had lost its Eastern wing and Zulfikar Ali Bhutto had no trust in the judiciary. The late PPP chairman firmly believed that he would remain in power for a long time to come as he faced no opposition.
However, contrary to all expectations the PPP government was overthrown in July 1977.
The military intervention was validated by the judiciary and indemnified by parliament through the 8th amendment.
However, he said, the PML government scrapped the 8th amendment at a later stage, as a result of which the provisions which served as safety valves against martial law stood removed. It was because of the annulment of such provisions that a political government was once again toppled in October 1999, he said.
He recalled that even this intervention was validated, although the validation was later on withdrawn subsequently through the 18th amendment.
As for November 3, 2007 “Emergency Plus” imposed by Gen Musharraf, Ejazul Haq said it could not be validated because the military ruler did not have the required numerical strength in parliament.
Now, he said, the situation was that Gen Musharraf could be tried for both what he did in October 1999 and November 2007. But, he said, it would be unfair to single him out. The Article 6 would have to be invoked in its entirety and no single provision could be applied to him. And once the entire article was invoked, a number of other people sitting in parliament, judiciary and the government would also have to face the consequences.
The PML-Z chief said trial of Gen Musharraf on both these counts would send an impression as if some people were trying to settle scores with him. In response to a question, Ejazul Haq said the caretaker government had rightly told the Supreme Court that the interim rulers had no mandate to try Gen Musharraf.