While the disqualified former prime minister Nawaz Sharif has returned to face the trial in the NAB court on some serious charges, pressure is now mounting as why former president retired Gen Pervez Musharraf is not being tried in multiple cases of murder as well as high profile treason case under Article VI of Constitution.
Sharif returned to Pakistan reportedly against the family advice but on the recommendation of his legal team as well as his close core committee, that the consequences for not appearing could have been colossal for him and for the family and the party.
On Monday, Finance Minister Ishaq Dar appeared and will now be formally charged on Tuesday. Sharif himself appeared on Tuesday. The move now has brought pressure both on the court as well as the government for reopening the trial against Musharraf.
The PPP has also speed up its efforts to ask the court for Musharraf's red warrant. But the ground situation does not look as favourable as far as his trial under Article VI and the Benazir and Bugti murder cases were concerned.
Musharraf should blame himself for speaking too much, at times out of context, something which frustrates the political leadership – double standard between the trial of a civilian and a former chief.
His recent reaction to the PPP demand for his ‘death sentence’ has further generated the controversy as he had directly blamed former president Asif Zardari for the murder of Benazir Bhutto and her brother Murtaza Bhutto. Following his statement, both PPP and PML-N are demanding trial of Musharraf.
Politicians often draw parallel between the trial of Zulfikar Ali Bhutto, Benazir, Zardari and Sharif to the cases against Musharraf and another former army chief retired Gen Aslam Baig in Asghar Khan or Mehran Bank case.
Musharraf, who is now the president of his own party APML and still gets huge media coverage because of his outspoken style, could have been living in exile without much pressure had he kept quiet and quit practical politics.
Thus, people generally believe that it would be injustice if the former civilian ruler is on trial and 'if and buts' being used when it comes to the military dictator. His dilemma has been his own conduct when he ignored the advices of at least two former army chiefs and two former ISI chiefs.
In 2013, retired Gen Ashfaq Parvez Kayani advised him not to return for two reasons. (1) His life was in danger and it would be difficult to provide him security, and (2) there were all indications that the PML-N would win the elections and Sharif could put him on trial. Even the then ISI chief reportedly met him in Dubai but he ignored the advice and returned.
Musharraf tried his luck in 2013 elections but his nominations papers were not only rejected but he was also disqualified for life. Many believe that 'justice' was not done with him since he had not been convicted in any cases back then or not even now.
Surprisingly, two of his party nominee got elected. After Sharif came into power, he made the decision to put him on trial under Article VI. It was for the first time that this article had ever been used. He took the decision against the advice of Chaudhry Nisar. The move put the new army chief, Gen Raheel Sharif, in a difficult position and tension was evident between the civil and military establishment after two appearances of Musharraf in the court. In the end, he was allowed to go abroad for medical reasons.
Sources say while in exile he was time and again advised to keep a low profile and avoid giving interviews or unnecessary statements, which could put the government and Sharif in an embarrassing position.
Musharraf had not only been an accused of violating Article VI, the murders of Bugti and Benazir and the Lal Masjid case but was also blamed for the May 12, 2007 incident.
Sharif has returned against all odds. However, this return was different from that in 2007 although the cases were the same. Yet he got the relief and also contested the general elections. It was Musharraf's regime but he was not under that kind of stress, which he is in at present. Circumstances were different and he was allowed to contest elections through the court.
His return on Sunday was in far more difficult circumstances despite his party in the power. Even when he was the prime minister, he faced, perhaps, the toughest trial in the Supreme Court and hours-long interrogation by the JIT. Later, a five-member Supreme Court bench disqualified him from contesting any election. His ordeal has not ended and he will be facing serious NAB references in the next six months as formal charges would be framed in the due course of time.
His daughter and two sons would also be charged, while his brother Punjab CM Shahbaz Sharif is also going to face two or more cases, including the Model Town.
Ishaq Dar will be charged in corruption cases on Wednesday and Foreign Minister Khawaja Mohammad Asif is also on trial. Who knows things may get from bad to worse for the government and the PML-N in coming weeks and months.
It is not confined to the ordeal of PML-N. The PPP during its own government not only saw its prime minister Yusuf Raza Gilani being disqualified but also witnessed the arrest and conviction of sitting minister Hamid Kazmi (who was later acquitted by the Supreme Court last year). During the PPP government, some federal ministers, including Rehman Malik, also appeared before courts.
Asif Ali Zardari's cases are a classical example as he had spent almost 11 years in prison during the anti-PPP governments, both in Sindh and at Centre, and faced cases of at least three murders, including that of Murtaza Bhutto, and multiple corruption cases.
One may not like to go into history of the trial of Zulfikar Ali Bhutto or Benazir Bhutto, but no matter how badly civilians had ruled this country and how corrupt they had been, the fact remained that they went through the judicial process, both during their own governments and when Gen Musharraf was in power for nine years.
Musharraf’s trial and retired Gen Aslam Beg’s review petition will be a test case for judiciary too. While Mehran Bank or Asghar Khan case is considered as mother of all cases because of involvement of both civil and the then military leadership in what said to be the worst example of election manipulation in 1990, Musharraf's trial is linked to abrogation of the Constitution as well as the allegations of a high-profile murder.
Since Musharraf once wanted 'death sentence' for Nawaz Sharif in the PIA hijacking case in 2000, Sharif backed Zardari's demand for his trial and death sentence in BB's case. Though, not much is expected in these trials, big question still requires an answer: Will Musharraf ever be tried and given fair chance to defend himself? If this doesn’t happen, I am afraid distrust among the institutions, also including judiciary, would continue, which may not be good for the country.
Thus, across-the-board accountability means that justice should not be done but also seen to be done. Musharraf like any citizen has a right to demand fair trial but he can do it more forcibly in the court, not from outside.
The writer is a senior columnist and analyst of Geo, The News and Jang.
Twitter: @MazharAbbasGEO
