"Extraordinary circumstances… needed extraordinary measures… no half-hearted measures. I had to act and I acted. "
– Pervez Musharraf

Musharraf’s validity and endorsements by Supreme Court

Chronological record of events, that validates President Musharraf’s election as President and subsequent endorsements by Supreme Court.
Written by: Afreen Baig

1- On 13 May 2000, Pakistan’s 12 member Supreme Court unanimously validated the October 1999 coup and granted Musharraf executive and legislative authority for 3 years from the coup date. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)
2- On 7 October 2002, the 5 member bench of Supreme Court validated LFO and amendments to constitution. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)
3- On 29 Dec 2004, PML-Q government passed the 17th constitutional amendment bill in National Assembly, with 2/3 majority, also approved by Senate that allowed President Musharraf to hold dual offices. (Link)
4- Constitution of Pakistan – Article 63 clause (1) paragraph (d), read with proviso to Article 41 clause (7) paragraph (b), allows the President to hold dual office.
5- On 13 April 2005, the 5 member bench of Supreme Court gave judgment in favor of 17th amendment and President’s uniform. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)
6- On 28 September 2007, the Supreme Court cleared the way for President Pervez Musharraf to seek another five-year term, and stand for Presidential elections, when six of the nine judges, rejected a tangle of petitions against him and threw out a major legal challenge to his re-election plans. Presided by Justice Rana Bhagwandas. (Link)
7- President Musharraf was elected President of Pakistan, on 6th October 2007, by a combined electoral of the Senate, National Assembly and the FOUR Provincial Assembles.
8- President of Pakistan declared emergency on 3rd November 2007, as per Article 232 of the constitution.
9- The 10 member bench of Supreme Court (SC) on 24 November 2007 directed the chief election commissioner and the government to declare Pervez Musharraf president for a second term. (Link)
10- On 24 November 2007, the Pakistan Election Commission confirmed Musharraf’s re-election as President. (Link)
11- President Musharraf won by 58% votes, declared in November 2007, as the constitutional President of Pakistan!
12- On 28 November 2007, Musharraf relinquished the office of Chief of Armed Staff, as per November 2007 verdict of the Supreme Court.
13- On 15 Feb 2008, the Supreme Court validated the proclamation of emergency of 3rd Nov 2007, PCO 2007 and oath of the judges. This full court judgment was written by Chief Justice Abdul Hameed Dogar. (Link)

These facts above raise serious questions regarding the credibility of those so-called political intellects and experts of judicial matters that appear on media talk shows, accusing President Musharraf of violating the constitution, thereby seeking to apply Article-6 on him. They do so, merely for publicity and self exposure, overlooking the role of the Judiciary all along and misguiding the public to zenith. They should know that the Parliament and the Supreme Court, has approved and endorsed every single decision taken by President Musharraf. President Musharraf – being the President of Pakistan was the rightful authority to sign amendments to the constitution, after being approved by the Senate.

Article 270-AA of the constitution gives full protection to the 17th amendment and the 1999 coup, which cannot be called into question in any court of the country on any ground what-so-ever. The 17th amendment was approved by the National Assembly by 2/3 majority and made into law, as part of the constitution.

Then, the Constitution (Amendment) Order, 1980, (P.O.No.1 of 1980) section 2 clauses (3A), (3B) and (3C) give full protection and immunity to Martial Law Regulation made by the Chief Martial Law Administrators, any sentence passed by a Military Court or Tribunal, Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either, and cannot be called into question in any court.
Then, Article 248 clauses (1) (2) (3) (4) of the constitution, protects the President, and he shall not be answerable to any court for the exercise of powers and performance of functions of his respective office, no criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office and no process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.

All of President Musharraf’s decisions were according to the constitution, approved by the supreme Parliament and endorsed by the Supreme Court.
Despite these above mentioned facts and articles as per the constitution, if those prejudiced intellects and revenge seeking politicians, call to apply Article-6 on President Musharraf, then they should know the article in full.
Article-6 clause (2): Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

Which clearly indicates – that the Supreme Court and the Parliament itself that approved and endorsed the events from 1999 till 2007 shall be held equally responsible, for abetting, if a case ever arises. Yet, as Article-6 itself is NOT a self governing article, that could decide and instigate itself automatically, hence Article-6 provides a clause, leaving it to the supreme Parliament to decide, if and whenever, such a case arises and is brought to the attention of the Parliament.

Article-6 clause (3): [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
Other than the supreme Parliament, no other institution can approve nor apply Article-6.

Afreen Baig is an independent analyst majoring in International Relations and Economics. She can be reached at afreenbaig@gmail.com

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Chitral Supports Musharraf

There is an interesting report on the BBC Urdu website:

• Chitral: Pervez Musharraf ka haami nazar aya (rough translation:- Chitral: Came across as a Supporter of Pervez Musharraf) Monday, 25 May, 2009
By Ijaz Mehar.

A rough summary:

The reporter spoke to people in Chitral and was surprised to see them express their support for the former President, Pervez Musharraf. He spoke to a variety of people, from shoppers to shop owners, who all praised Musharraf. According to the reporter, Pervez Musharraf is more popular than most politicians in the Chitral area.

According to one Chitrali Advocate, a reason for this support is the multi-billion rupees construction of the 8 km long Lowari tunnel in Sawat during the Musharraf era. This tunnel is now virtually complete and once done, Chitral will no longer be cut off from the rest of Pakistan during heavy snow falls. According to the Advocate, for decades the people of Chitral dreamed about the construction of such a tunnel and Musharraf transformed their dream into reality. Furthermore, the Advocate proceeded, if Musharraf ran for elections from Chitral, he would easily receive the majority of votes.
Moving on, we are introduced to a Chitrali logger, one Ahmad Khan, who is said to be a friend of Pervez Musharraf. Khan said he loves Musharraf and has met him four times, eagerly showing his pictures with the former President.

According to Ahmad Khan, Musharraf is an honest and a brave man. Khan said he cried a lot when Musharraf was attacked by terrorists. But upon learning that Musharraf was safe, he distributed sweets in the bazaars of Chitral. Khan said that even though he is a poor man earning his living selling wood, that day he spent money distributing sweets in the streets of Chitral.

Khan went on to say that he transformed his house into a polling station during the referendum and has not spoken to two of his relatives who voted against Musharraf.

Echoing the words of the above referred Advocate, Khan also said that Musharraf would easily win the elections where he to run from Chitral and expressed his joy if Musharraf entered politics.
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An Open Letter to Mian Nawaz Shareef

Mian Nawaz Sharif,
Raiwind Palace &
H-180 Model Town,
Lahore.

Dear Sharif Sahib,

I hope you are doing well? It seems you are, you look young everday. I remember you as Prime Minister of Islamic Republic of Pakistan very well. You were the youngest one if I am not wrong? And indeed a very active one.

I will not waste your time, Mian Sahib as a student of history, I saw you coming to power as an alternate to Benazir Bhutto’s government as an enterprising leader who enjoyed support from the military. Earlier you came in prominence with the slogans like, “Jaag Punjabi Jaag” and became finance minister of Punjab taking oath from General Gillani under another dictator General Zia ul Haq who publicly branded you as his own ‘son’. In 1990 , I remember you winning 92 out of 105 parliamentary seats in Punjab alone defeating Pakistan Democratic Alliance who relied on it’s Sindh bastion. You were appointed as the youngest prime minister ever in December, 1990 and indeed as Ishaq Dar claims (much like Manmohan Singh’s Economic Policies in 1990’s) set the country on the path of economic liberalism – steps which should be acknowledged but then around 1991 you my dear prime minister, relaxed exchange controls and privatized 89 public corporations where atleast more than half of the 89 corporations by directly and indirectly owned by Itefaq Group – a company your father, owned.

A few months later you showed your loyalties to General Zia and “re-launched” Islamization policy and passed Shari’ah Bill passed in May, 1991. During this time, those who accuse you being a power-hungry autocrat, accuse you of proposing 12th amendment authorizing yourself to take control of a province.
Earlier in 1990’s Late former prime minister, Benazir Bhutto who signed the ground-breaking Charter of Democracy alleged in her book that you took money from Osama Bin Laden. Khaled Khawaja a former ISI spymaster who had spend time with you writes in his book a remarkable communication between you and Osama Bin Laden.
According to Khawaja, Nawaz replied, 'I love jihad'. Unimpressed, Osama stood up and pointing to a pillar in the room said, "Yes, you may love jihad, but your love for jihad is this much," indicating a very small part of the pillar. 'Your love for your children is this much," pointing to a larger portion. "And your love for your parents is this much," he continued, pointing towards the largest portion. "I agree that you love jihad, but this love is the smallest in proportion to your other affections in life." However, to Osama's dismay the argument went over Nawaz Sharif's head.

Khawaja revealed that Osama gave Nawaz just a minuscule of the Rs 500 million cash that he wanted, but more importantly, for the Pakistani, what he received in kind proved to a virtual windfall.
My former prime minister, these are serious allegations – something you should publicly come out and defend. Sir, there’s obviously a serious issue of atleast two bank transfers from ISI to your andJaved Hashmi’s account of Rs. 6 million and Rs.50 million somewhere around early nineties – details and documentary evidence of which has been with the petition lodged at Supreme Court by General Asad Durrani on April, 20, 1994.

Mian Muhammad Nawaz Sharif it is now alleged that you took part and give out consent to kill more than 15,000 members, voters, sympathizers of MQM during the infamous, “Operation Cleanup” with the establishment. I remember during those time, you gave out strong statements against MQM and showed MQM’s men on PTV who were obviously drugged to give out confessional statements against “MQM’s involvement with the Jinnahpur Maps” – something which after 17 years been exposed by your closest ally Brigadier Imtiaz. Brigadier Imtiaz, former IB chief who reported directly to you apart from actually giving out details of “Operational Midnight Jackel” where you, Mian Nawaz Sharif with the helped of establishment conspired to dislodged an elected democratic government – certainly an act against the State which constitutes high treason and merits Article 6. You first government finally fell prey to the vary people whom you conspired with Ghulam Ishaq Khan then president who dismissed your government on grounds of corruption and law & order but the Supreme Court decision in an unprecedented decision restored you which shows that : Supreme Court always had good relations with you. Your government didn’t lasted long and you had to announce for an early election which paved way for Late Benazir Bhutto to come to power.

In February, 1997 elections due to one of the lowest turn outs in history of Pakistan which was only 35.92% because of boycott of virtually all major parties and where PPP voters didn’t came out, you were elected Prime Minister of Pakistan for the second time through a crushing majority where you won 134 seats out of 204 and got powers to amend constitution and true to your character of “more and more power” and perhaps learning from history: you amended the constitution.

On April Fools Day, 1997 the two chambers passed the 13th Amendment over turning the 8th Amendment where 58 (2) which allowed the president to dissolve the NA was annulled; Article 101 obliged the president henceforth to consult the prime minister before nominating governors; Paragraph 112 (2b) which gave governors the power to dissolve provincial assembles was abolished ; Paragraph 243 (9) (2) was modified so the president lost his discretionary power to appoint military leaders and became the most powerful Prime Minister in the history of Pakistan.
They say that with power comes responsibility but you Mian Sahib, systematically used yout authority to undermine the opposition in defiance of the separation of powers. The judiciary which you now champion was your first victim where you all of a sudden reduced the number of judges of Supreme Court from 17 to 12 and violated Article 190 of Constitution but you Mian Sahib, blackmailed the nation, judiciary and president by passing a motion with the view to making the president dismiss the chief justice, Sajjad Ali Shah. It was during this time that a mob attacked Supreme Court which your spokesman, claimed to be “the anger of people”.

During all this quarrel President and Chief Justice left offices and you again took the advantage and got Rafiq Tarar a friend of your father as President of Pakistan. All this time Itefaq Foundation grew to be a multi-billion company. You brother ran the province of Punjab and you ran Pakistan as your family business. While your brother was running the affairs of Punjab and his politices like those of Islamabad largely served the your personnal interests in particular and business interest in general. Turning his back on the calls for austerity which the IMF and stipulated as a condition for your latest loan, Finance Minister Sartaj Aziz in fact announced that from 28th March there would be a supply policy based on tax xoncessions to the employers.
My dear former prime ministers, your enemies also issued a list of loans which you defaulted during that time. Kindly confirm that either you and your businesses defaulted on following loans or not?
ITTEFAQ FOUNDRIES (PVT) LTD Rs.18 carors, 84 lakhs, 41,000
ITTEFAQ BROTHERS (PVT) LTD Rs. 12 cr, 87 lakhs
BROTHERS STEEL MILL Rs.9 cr. 52 lakhs.
ILYAS ENTERPRISES 56.753,000
FAROOQ BAKTH LTD NOT KNOWN
ITTEFAQ TEXTILE MILLS-I NOT KNOWN
ITTEFAQ TEXTILE MILLS-II NOT KNOWN
ITTEFAQ TEXTILE MILLS-II NOT KNOWN
BROTHERS TEXTILE MILLS LTD 7,400,000
KHALID SARTAJ TEXTILE MILLS LTD NOT KNOWN
KHALID SARTAJ INDUSTRIES (PVT) LTD NOT KNOWN
RAMZAN BAKSH TEXTILE MILLS LTD 200,119,000
BAKTH TEXTILE MILLS NOT KNOWN
ABDUL AZIZ TEXTILE LTD NOT KNOWN
ITTEFAQ SUGAR MILLS LTD 106,574,000
BROTHERS SUGAR MILLS LTD 15,000,000
RAMZAN SUGAR MILLS LTD 146,697,000
ITTEFAQ GROUP SERVICES (PVT) LTD 56,965,000
ITTEFAQ COLD STORAGE NOT KNOWN
ABBAS AND COMPANIES NOT KNOWN
Prime Minister this is indeed serious allegations something which you should come out personally and not ask your advisers who are now seen as “DEVILS ADVOCATE” and nothing less.

And then as if you didn’t had enough of power, you somehow introduced 15th Amendment on the 9th of Octuber, 1998 and tried becoming “Ameer-ul-Momineen” in the name of Islam apart by taking name of imposing Shiria law and powers to dictate whats right and wrong. I also remember your treatment to the press and freedom of speech during those time where you limited Jang Newspaper to only one page apart from arresting lot of journalists.
Every politician, like any other celebrity, has his or her tryst with destiny. Mian Sahib, this is my first letter of series of letter. I understand you have physically, mentally and spiritually reformed a lot but you should now seriously come clear yourself in public and apologize for what you have done or at least clear out the misconceptions if it is a misconception at all.
I look forward for your reply at akchishti@hotmail.com.

Yours Truly,
Ali Kamran Chishti.
Karachi.

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