Hero or Traitor?

One of the major causes of anxiety for the Pakistani nation today is the trial of retired general Pervez Musharraf for high treason arising from the issuance of the “provisional constitutional order” on 3rd November, 2007. It is interesting that when the General staged the coup in protest against his dismissal,he was hailed as a hero by some and as a great leader by many for a few years in the beginning. Even the Supreme court gave him 3 years to do what he liked in national interest. It is a pity that he did not keep the promise to shed his uniform and ignored some of the basic infrastructure development causing severe hardships to the nation in the years to come.

The issuance of the PCO is considered tantamount to the subversion of the Constitution of the Islamic republic of Pakistan and can be construed as being within the purview of article 6 of the Constitution.

The determination as to whether the issuance and enforcement of the PCO are acts punishable under the High Treason act of 1973 is to be done by a court of law to be approached in writing by the government of Pakistan.

The High Treason act of 1973 is a hastily written law under which even the abrogation of the constitution of a private volleyball club would be punishable by death retroactively from 23^rd March, 1956. Obviously this law was made to intimidate and keep in check Field Marshal Ayub Khan. It is really strange that divulging secrets related to national security or cooperating with Pakistan’s enemies are not listed as acts of high treason. Maybe there is another law for that.

As for his accomplices under sub-clause b of article 6, people he consulted before issuing the order cannot be charged as abettors. He may even have prayed to God for guidance before signing that document, but I would not recommend the justices to issue orders to arrest God. The men who should also be in prison are the men who actively participated in drafting the PCO and its subsequent enforcement as ministers, heads of departments and institutions etc. Mr. Musharraf should cooperate with the investigators and reveal their names without delay.

We should also not forget that Gen. Musharraf has a right to defend or justify his actions before the court yet to be found and he should not be called a traitor in anticipation.