Judgment day

As the elections near, the Supreme Court has gone into overdrive and is taking steps to prove that all are accountable and no one is above the law.
After the scandals like Memogate, Mehrangate, Swiss case – fizzled out like damp squibs not with a bang, but a whimper – a perception aired that the SC is reluctant to punish the ‘untouchables’ of this land of the Pak and the Pure.
However, this was pleasantly proved to be wrong, as the SC dismissed former PM Gillani, for contempt of court, followed by serving a contempt notice to former premier Raja Pervaiz Ashraf on trying to influence the court by writing a letter to Chief Justice for constituting a commission to investigate the rental power projects scam. This also led to the rejection of his nomination papers for the coming elections.
This was then followed by directing ECP and HEC to take action against those parliamentarians who had violated articles 62 and 63 of the Constitution. This resulted in the rejection of over 4000 candidates, which included some political heavy weights, but surprisingly, nomination papers of these candidates have now been accepted.
Bur unfortunately, ECP has still failed to block the fake degree holders, loan defaulters, tax dodgers and utility bills defaulters, from contesting the polls and has done nothing to bar over 10,000 candidates, including almost 70 percent former MPs, who did not even have a National Tax Number.
There is now a growing demand, that elections should be postponed for at least 30 days, as fears grow that tax dodgers, etc., are escaping Pakistan’s poll scrutiny and without cleaning parliament from violators of Article 62 band 63, elections would be an exercise in futility.
The Supreme Court has now bravely stepped into a no-go area, where even angels had dared to enter and taken up the case of treason charges against former president General (r) Pervaiz Musharraf and other senior Generals, for abrogating and subverting the Constitution.
The SC also directed the Interior Ministry to put the General’s name on the ECL list and ensure that he does not leave the country. However, it avoided the arrest of the former President after the court hearing.
But according to legal experts, the high treason charges against the General, which are punishable by death, are bound to open a Pandora’s box, as the court will be compelled to take action against those who ‘aided and abetted’ the General in taking over the country, abrogating the constitution, declaring Marshal Law and dismissing the Chief Justice of Pakistan and his brother judges. 
At the same time, all those political leaders who were demanding the General’s blood, are now suddenly silent and have become mute spectators, leaving the process of accountability to the Supreme Court.   
The General’s sudden decision to return to Pakistan at this crucial juncture has raised many questions. Whoever advised him to return has done him a great disservice. Did he really believe that he would not be held accountable for his deeds of omission and commission while in power? Some political analysts are of the opinion that former president has misread the mood of the nation and is under a delusion.
However, my friend, Col (r) Jaferi from Rawalpindi, from whom I receive frequent emails, contends that, being a former commando, the General had to act according to the dictates of his conscience and do the honourable thing and face the line of fire rather then hide in a foreign land as a fugitive.
In his email, ‘The Return of Musharraf’, he writes: “I am sure that there is a method in his madness. No sane person in his proper senses would return from the safe havens of Dubai and London to face three murder trials – Benazir, Lal Masjid and Akbar Bugti, a number of high treason petitions, violation of Article 6, a host of hostile political parties and civil society organisations, an Army with a no nonsense attitude and on top of it all, with no political future.”
“Agreed, he is not brilliant, but he is not that stupid, to return to a starving lion’s den waiting excitedly for his prey. Does he have a hope in hell to win a seat or two for his APML party other than probably his own? Would he be contented to be an MNA and listen to the speeches of the ones whom he once never considered his equals?”
During his time, the General was the undisputed ruler of Pakistan for over eight years and his symbol of strength had been his clenched fist. No doubt, the General’s 7-point agenda and reforms and accountability plans, if they had been implemented, would have changed the destiny of this nation and its citizens.
Now, after five years in self-exile, he has returned to his country and wants to recapture the glory of the past, but that is not an easy task. The nation has not forgiven him and the wounds are still raw. There are many families, whose loved ones are still missing and they all blame the General for their sufferings.  
My humble advice to the General is, instead of being humiliated and dodging shoes, tuck your baton under your arm, make a smart about-turn and march off with dignity, to the lush green pastures of Islamabad’s golf course and enjoy your twilight years with your grandchildren, as the past can never be brought back.
However, according to recent media reports, Gen Musharraf cannot and will not be tried under article 6, as he was given assurances before his departure from the top office. Whether such an assurance will give the General immunity for being tried for treason, only time will tell.
The judicial activism, the bold judgments and the brave path that the Supreme Court has taken, will have long reaching effect on our system of justice and governance. And if this activism continues, then it is bound to stop any future military adventure and in time, curb corruption and the misuse and abuse of power, as it will give a strong message to all, that no one is above the law and everybody is accountable. 
May Allah bless good men and their good deeds. 
(email: trust@helplinetrust.org).

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