No Sense of Decency? – Trial of commando general
No Sense of Decency? – Trial of commando general
Apparently, the emotions-driven race to get former commando general tried on high-treason charges slowed down when the caretaker government has declined to invoke Article 6 against Gen. (retd) Musharraf for subverting the constitution by clamping emergency in the country on Nov.3, 2007, terming the matter beyond its mandate.
But since the appearance of Gen.(retd) Pervez Musharraf in connection with his pending cases in the courts the overall behaviour of ‘black coats’ was far below the canons commanding their dignified profession which had also made the otherwise fair and judicious conduct of the courts look ‘unfair’, making the whole exercise wearing the look of dubiousness.
The lawyer’s bodies and even the superior judiciary should take notice of the misbehaviour of the lawyers during the trial against Musharraf, as by hurling barbs and even attempting to assault the former dictator they were neither serving the cause of justice nor doing any good to the people of Pakistan.
Their misbehaviour with former commando general would just be implanting some sympathy for him (Musharraf) in the hearts of the public who all had abhorred their demeanour on both the occasion Musharraf had appeared before the Lahore High Court Rawalpindi Bench and then Islamabad High Court.
The free use of abusive language and attacks on the supporters of Musharraf by ‘black coats’ in the court premises in a way showed their lack of trust on the courts and their misconduct is undermining the supremacy and independence of judiciary and could even be dubbed as the contempt of court.
On the occasions of appearance of Gen.(retd) Pervez Musharraf before the court the lawyers should have acted decently, fully adhering to the dictum’s of law, hence supplementing the courts’ efforts in doing justice in the case which would have far-reaching impact on the future of the country.
All those venting out their anger against former four-star general on his appearance before the court of law should keep in mind before taking law in hands that it was the continuous struggle on part of various segments of society with major role of lawyers community which had strengthen the judiciary to the level where former Army Chief had not only been summoned in the court of law but his bail was rejected and he was put behind the bars.
Perhaps, it would be the first case of its nature where an Army dictator is facing the treason charges for subverting the constitution, so the matter should not be put in disarray and spotless and transparent trial should let be carried out and all the concerned should play their due role in this connection.
The case against Gen.(retd) Musharraf is of paramount significance as the verdict in the case would redefine the role and positions of state institutions so the matter needed to be tackled with great care and seriousness so that the outcome of the case could not be jeopardized on any pretext and the protesting lawyers must understand the immense importance of the matter.
Any lacuna in the trial of the case may be used by the forces of status quo to cast shadows on the whole exercise and domicile’s sword would continue to hang on the heads of political governments in future as well.
On the other hand Gen. (retd) Pervez Musharraf should be given a fair chance to come up with his defence in high treason charges or the other cases pending against him in various courts including Benazir Bhutto’s Murder, Nawab Akhbar Bughti’s murder and Lal Masjid Operation cases.
Although the cases against Gen.(retd) Musharraf are of very serious nature but as the accused is considered as the darling of law, so former commando general should be treated so till the time the charges against him are proven in the court of law.
Legal and constitutional experts were of the view that surrenders of a former dictator and four-star general before the court of law in itself is a victory of the rule of law and now the lawyers, who rightly claim to be the custodian of law and courts, should not undermine this supremacy by their misconduct.
It was the continuous struggle of various segments of society including lawyers, civil society and on top of it the unflinching and unwavering commitment of superior judiciary toward dispensation of justice which had forced the dictator to bow before the rule of law and constitution.
It is high time to utilise this opportunity for the collective good of the nation and for placing the departments, which had grown abnormally over the years, back into their defined constitutional ambit.
The cutting to size of some of the departments, which in the past had been calling the shots and abusing the powers, would definitely perturbed over this changed scenario and digest the things easily so any mistake at this critical juncture could derail the country from the right track with disastrous implications.
So, in the given circumstances the responsibility of lawyers community, civil society media and public at large has increased many folds and everybody’s role should be supportive to the courts of law dealing with the cases of former commando general having far-reaching impact on the future of this country.
Syed Abid Gillani