That touch of khaki

The demand for General Pervez Musharraf to step down from his post as Pakistan’s chief of army staff while continuing as the country’s president has predictably been dismissed in court. While Musharraf’s political rivals sought his removal from this crucial post, a military ruler would quite obviously would do his best to retain command of the military forces. The Punjab high court ruling, that Musharraf’s decision to remain army chief till a date of his choice does not contravene any provision of the 1973 Constitution, again highlights the way constitutional law is enforced in that land. The court may be technically correct since the constitution could hardly have catered for the military coup and its fallout. But, tragically, in Pakistan today people have got used to what would be seen as gross aberrations in any country run by the rule of law.

Demands for Musharraf to step down as army chief have been growing across the political and legal spectrum. But this might also trigger a rift in the army itself. Musharraf had “kicked” upstairs one of the possible contenders for power and a reputed Islamic hardliner—who as his senior staff officer had claimed during the Kargil war that the army had total control over the mujahideen in Kashmir—as chairman, joint chiefs of staff, with no troops under his command. Without an army chief in tune with his policies, the president’s writ may only run within his palace compound. Zia-ul-Haq, it may be recalled, had also not relinquished the post and authority as head of the army, which he had declared was his constituency. It was also during his rule that the highest court had come up with the unique interpretation of law under the “doctrine of necessity” to uphold the dictatorship.

In some ways, the Lahore high court has also interpreted the law curiously. It has ruled that Musharraf’s election under the referendum was valid because it was held under the Referendum Order 2002 which, in its opinion, could not be questioned since it was promulgated in accordance with the Proclamation of Emergency Order 1999. Musharraf, it may be recalled, had issued this after deposing Nawaz Sharif in a military coup, and it was validated by the Supreme Court subsequently. More important, the court ruled that the electoral college prescribed by the constitution for the president’s election “did not even exist”, having been suspended under Musharraf’s orders; and hence there was no violation of the constitution! The focus for Musharraf’s political opponents will now be back on the Legal Framework Order, which was interpreted by the judiciary as an instrument for the revival of the 1973 constitution.