Difference between Nawaz, Musharraf trials

As the trial against Nawaz Sharif and his daughter Maryam Nawaz enters into the final stage, the disqualified prime minister has created a news controversy by disclosing that his ouster and trial has a lot to do with his decision to initiate a case under Article VI against former president retired Gen Pervez Musharraf, hinting towards civil-military imbalance even when it come to the trial of the two.

The imbalance, which remains part of Pakistani power politics for long and is still seen in different ways, now has been dragged in the ongoing trial against Sharif. While Sharif may have the point when he talked about Musharraf’s trial and pressure, it was the former premier who was responsible for asking former army chief retried Gen Raheel Sharif to resolve the dharna crisis that led to his meetings with Imran Khan and Dr Tahirul Qadri, in which the army chief refused to use his pressure on the prime minister for his resignation before the findings of judicial commission.

Why the former premier involved the ex-chief? This is where Pakistan's political forces lack vision and fail to resolve issues within the Parliament. It once happened with the PPP government as well when Gen Kayani was asked to become the guarantor during the Sharif-led long march in 2009.

Sharif-Musharraf row exists since 1998 and was aggravated in 1999, which on Oct 12th, 1999 resulted in a coup with ouster of Sharif's second government. Later, Sharif faced conviction and exile from 2000 to 2007.

Musharraf, after the return of Sharif in power, faced the high treason trial, the first of its kind under Article VI. While Musharraf is now practically living in exile in Dubai, Sharif's trial in the Avenfield reference is likely to be concluded in a few weeks.

Musharraf certainly enjoys better luck than Sharif for different reasons and would be happy to see his political rival getting second conviction in 18 years. Sharif, already been disqualified for life from holding any public or party office, while Musharraf would await the verdict before deciding to return from Dubai during interim government.

While Musharraf's trial is pending since 2013, the case against Sharif went on a fast pace and will now be completed anytime.

If convicted by the NAB court, he can face imprisonment up to (14 years), equal to life imprisonment, while the fate of his daughter and Capt Safdar would also be decided. Dozens of more inquires which can be followed by cases may further add to the miseries for the three-time elected prime minister.

In what appeared to be a belated disclosure, it is still important to look into the political events unfolding in Pakistan particularly since October 1999.

How far the political support Sharif will get over his first official disclosures about his decision to put Musharraf on trial and the alleged conspiracy behind 2014 dharna of PTI and Imran Khan, the former prime minister still needs to satisfy even on his political moves after the April 2016 Panama Leaks, what to talk of his post-July 28, 2017 strategy after his disqualification.

However, it is equally important to asses as how much relief Musharraf got in the cases pending against him from Article VI to Nawab Akbar Bugti murder case as well as the Lal Masjid operation and it would not be difficult to find the imbalance.

Musharraf, created history as he already been acquitted in one case without even appearing once while he was allowed to go for medical treatment on court order after his name was withdrawn from ECL.

He now says that he himself would decide when to return after the end of PML-N government. So, he certainly has a better luck and is still more powerful than Sharif.

While the PML-N leader had also been barred from holding party office, Musharraf is still the president of his APML and also confident of getting relief against the 2013 decision in which he was disqualified for life from a court in Peshawar when his nomination papers were rejected.

As a student of politics, I believe that while the historian would certainly looked into the events unfolding since the day Sharif sacked Musharraf as army chief, which resulted in a coup and nine years of military rule, he would also see the poor defence of Sharif in Avenfield case.

While Musharraf himself admitted the role of Gen Raheel in his relief, even during the trial when he appeared before the special court, he said it time and again that “his people” would not allow this happened to him.

Had Sharif made these disclosures in 2014, when the whole Parliament was behind him minus Imran and Dr Tahirul Qadri, even at the cost of his government, his political narrative would have been much stronger today.

He also caused serious a self-inflicted injury to himself for mishandling the post-Panama political and legal developments. Had he boycotted the JIT or trial against him, placing his present narrative, he could have been in a much better position.

But does that absolve Musharraf and the kind of relief provided to him in the cases? Even if one go through his different TV interviews, it would not be difficult to assess the kind of privilege he enjoyed as compare to his political rival.

The Oct 12 coup had no justification and it is now a matter of history that he had even given instructions to his closes aides not to obey Sharif in case he sacked him or opted to any adventure.

Even on Oct 12th, 1999 after the coup, Musharraf had no legal office to run the government and that was one of the reasons that no national anthem was aired before his first address to the nation on that night.

But since luck and power were on his side, he not only put an elected prime minister on trial in hijacking case but also got legal cover from the Supreme Court, for his military action in the Zafar Ali Shah case. Later, the former ruler also got political legitimacy from Parliament in 2002.

The coup was staged by Musharraf and his cronies but it was Sharif who faced the trial and conviction and had the Saudi crown prince not intervened, who knows we might have seen another prime minister facing the death sentence.

So the luck has favoured Musharraf in the last 18 years, firstly, because he ruled the country for nine years thanks to the then Supreme Court, the Legal Framework Order and the 17th Amendment and now despite not getting any legal or political cover for his Nov 3rd, 2007 Emergency Plus, he is lucky sitting in his Dubai resort while all the cases against him, including the high treason case, are pending since 2013.

Similarly, all the other cases against him still far from over but, in one such case he even got the acquittal without a single appearance. It is not difficult to assess as what led to the trial and how it had even put Sharif and his government in an embarrassing position, when the former president, was shifted to hospital by non-government forces.

One can debate and blame the PML-N and Sharif for sending him abroad, even Sharif and PML-N opponents know as what exactly led to Musharraf's journey from Islamabad to Dubai.

Even in the most amazing case against Sharif in 2000, of hijacking the plane carrying Musharraf, he escaped death sentence without the court even recording the statement of Musharraf who was supposed to be the victim and complainant.

While Sharif has to blame himself for many political blunders and in defending the case against him of plunder, one really find an imbalance particularly in the pace of the two trials just like the Asghar Khan case against the then army chief retried Gen Aslam Baig, former ISI chief retired Lt-Gen Asad Durrani as well as against those who allegedly took money from them, including Sharif and some of those who are not alive, today.

The writer is a senior columnist and analyst of GEO, The News and Jang.

Twitter: @MazharAbbasGEO