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  • Jun 28th, 2013
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The Opposition in the National Assembly urged the government to initiate the trial of former president and army chief General Pervez Musharraf (Retd) under Article 6 of the constitution for his crime that he committed on October 12, 1999. Pakistan People's Party (PPP), Muttahida Qaumi Movement (MQM) and Sheikh Rashid Ahmed strongly protested against the government for initiating Musharraf's trial from November 2007.

The PPP demanded of the government to start an across-the-board trial from October 1999 of all those who violated, aided and abetted in the violation of constitution. The MQM and Sheikh Rashid even demanded of the government to begin the trial of dictators from as far back as 1956. But the Pakistan Tehrik-e-Insaaf (PTI) demonstrated a kind of neutrality over the issue. The PTI had already supported the government's step when the Prime Minister took the Parliament into confidence in this regard.

Pandemonium prevailed in the house by MQM MNAs when their leader Farooq Sattar wanted to speak more on a point of order, but the Speaker did not allow him. While commenting on the issue, the MQM MNAs said that according to High Treason (Punishment) Act, 1973, the court has no authority to impose Article 6, "but the federal government can do the same." They said that "the offence of high treason shall not be validated by any court including the Supreme Court and a high court of the country.

Pakistan People's Party Parliamentarian (PPP-P) President Makhdoom Amin Fahim said the government must initiate high treason. He however questioned why it was not being started from October 12, 1999. "Why has the government resorted to double standards on the issue?" he asked. "The government wants to protect its well-wishers by starting high treason case from November 2007. Justice should be across the board. We condemn it as the abettors of the dictator were as responsible as the dictator was," he said.

Abdul Wasim of MQM said the government should take a bold decision against terrorist acts in the three provinces, especially in Karachi. Sheikh Rasheed Ahmed of Awami Muslim League (AML) said that Article 6 should be applied against all dictators who abrogated the constitution from 1956 onwards. "It will be a non-serious move and the government will have to charge 627 people under Article-6 of the constitution," he said.

Sheikh Rasheed said: "The army will not countenance the humiliation of its general. The institution [military] is already in trouble and is facing a serious threat of terrorism; hence I advice the government to go slow." Dr Arif Alvi of PTI urged the government to evolve a unanimous strategy to handle terrorism, taking all political parties into confidence.

Mahmood Khan Achakzai of Pakhtunkhwa Milli Awami Party (PkMAP) said terrorism was a serious matter and the armed forces must be provided moral support. He added the National Assembly should pass a unanimous resolution in condemnation of terrorism. It must also extend full support to armed forces. About Musharraf's trial, Achakzai said the case of high treason pertaining to November 3, 2007 was already being heard by the apex court. He added that the Supreme Court had sought government's view point in this regard.

Interior Minister Chaudhry Nisar Ali Khan said the government had not adopted double standards in high treason case. He said it was only following Supreme Court's instructions in this regard. He said the case was already there since the PPP and caretaker but neither the PPP government nor the interim setup took any notice. He said a petition had been filed in the Supreme Court on the abrogation of Constitution on November 3, 2007. The Supreme Court sought only government's viewpoint about November 3, 2007, he said. "There was no question of abrogating the Constitution in October 1999 or in 1956," he added. He was of the view that if anybody wanted to open high treason cases from the beginning, his party had no objection.

About the issue of Karachi, the Interior Minister said that the federal government could not interfere in the provincial matters. Federal and provincial governments should sit together and evolve a mechanism to control law and order situation of Karachi. The Minister said he would visit Karachi next month and hold a meeting with the Governor of Sindh to address the issue of lawlessness in the mega city.

The Interior Minister said a comprehensive and proactive policy would be chalked out about terrorism. Soon after Prime Minister's visit to China, a meeting would be called and all the Parliamentary leaders and military leadership would be invited to work out a unanimous strategy about drone attack and terrorism in the country. Later, the MQM held a protest in the House by besieging Speaker's chair when Dr Farooq Sattar was not allowed more time to speak on Article 6.

Speaker Sardar Ayaz Sadiq wanted to give floor to the Finance Minister for moving the Finance Bill 2013 in the House for its passage. The MQM members left their seats and chanted high-pitched slogans "discrimination unacceptable, discrimination acceptable, no, no" before Speaker's rostrum but the Speaker switched off MQM MNAs' microphones. The Speaker directed Finance Minister Ishaq Dar to move Finance Bill 2013 in the House. This led to an exchange of unsavoury remarks between Farooq Sattar and Ishaq Dar. On this occasion, opposition leader Syed Khurshid Shah, Railways Minister Khawaja Saad Rafiq and Aftab Sheikh intervened and helped pacify both the leaders.

Speaker Sardar Ayaz Sadiq said the blame of discrimination could not be levelled against him as he gave as many as 20 hours to opposition members during the budget debate. Nevertheless, he allowed two extra minutes to Farooq Sattar to complete his speech. This led to end MQM protest. Farooq Sattar said: "The government cannot pick and choose. While reading the Clause 2 of Article 6, Sattar said that according to High Treason (Punishment) Act, 1973, the Court has no authority to impose Article 6 but the federal government." While reading out the Act, he said "no Court shall take cognisance of an offence punishable under this act except upon a complaint in writing made by a person authorised by the Federal Government in this behalf." Similarly, he said while reading the clause (2A) of the Article 6, an act of high treason mentioned in clause (1) or clause (2) "shall not be validated by any court including the Supreme Court and a High Court."

Copyright Business Recorder, 2013


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