Musharraf following Fujimori
By DR FAROOQ HASSAN June 10, 2008 " That on March 9, 2007, as the then COAS, Musharraf, attacked the independence of the judiciary by illegally using the state machinery to criminally intimidate, threaten and assault the Chief Justice Iftikhar Muhammad Chaudhry, so as to illegally force him to resign from his office
" That on refusal to succumb to the illegal pressure and subjugate the independence of the judiciary, the chief justice was taken into custody and kept in illegal confinement and house arrest with the other members of the family for more than two weeks
" That General Musharraf publicly confessed and regretted the illegal and wrongful restraint and confinement
" That on July 20, 2007 a thirteen member bench of the Supreme Court honourably restored Justice Iftikhar Muhammad Chaudhry as the Chief Justice of Pakistan and held that the allegations in the "reference" were malafide, illegal and unconstitutional. It is important to note that the evidence relating to the purported allegations in the "reference" had been withdrawn and the lawyers representing General Musharraf and the federation tendered apologies before the Supreme Court and the Bench of the Supreme Court imposed a fine of Rs 100,000 against the federal government
" That solely for his personal ends, General Musharraf committed high treason on November 3, 2007, when taking manifest unconstitutional advantage of his position as the COAS and issued an illegal and unconstitutional Proclamation of Emergency and a PCO
" That he conspired to bring the army into disrepute merely for his personal goals
" That he attacked the very foundations of the independence of the judiciary yet again and the integrity and sovereignty of Pakistan as well
" That on November 3, 2007 a seven-member bench of the Supreme Court headed by the CJ suspended the Proclamation and the PCO. The authorities were restrained not to act in pursuance of the Proclamation of the PCO and held any act performed there under as illegal and unconstitutional
" That General Musharraf, taking advantage of being the COAS and in flagrant violation of his oath as a member of the armed forces, criminally abused his authority by taking control of the Supreme Court in the evening of November 3, 2007 through the law enforcement agencies. The chief justice and other judges, except five, who agreed to collaborate in this heinous crime, were taken into custody. The acts and omissions are also contempt of the Supreme Court. This also is contempt of the Supreme Court's order dated November 3, 2007.
How much can we fall in the sense of ethical proprieties after this miserable conduct against the chief justice of the realm? There seems to be a pattern that stark dictatorship is mostly the product in many third world nations essentially by the overtures of super powers through pliable mercenaries. During the Second Great War they were referred to sometimes as "quislings" after the notorious person of this name from Scandinavia who sold his soul and nation to the Nazis. But as soon as the populations and masses get the requisite opportunity, they begin the process of ousting such yokes of foreign domination. I therefore feel that the time has arrived when justice and morality must witness its final verdict in Pakistan on a sordid drama of intrigue, public corruption and downright treason to produce the verdict of history and people's justice.
The writer is barrister at law (UK), attorney at law (US), senior advocate Supreme Court of Pakistan and professor Harvard University




