The Mush bind

The News, Wednesday, May 07, 2014

From Print Edition



The Musharraf saga rumbles on with no end in sight. The former dictators legal journey has now
brought him to the Sindh High Court, the third venue where he is seeking to have his name removed
from the Exit Control List. So far, Musharrafs fate has been tossed around by institutions too fearful of
making the final decision that would condemn a military man. The special court set up to try Musharraf
under Article 9 punted on the ECL decision by saying that it did not place him there and so lacked the
authority to remove him. A plea to the government was turned down although the PML-N gave itself an
out by claiming it would have no problem removing Musharraf from the ECL should it be requested to
do so by a court. What the government really wants was shown on May 5 when it claimed that the Sindh
High Court did not have the jurisdiction to rule on the matter and asked for Musharrafs petition to be
dismissed. On top of that, the government reply also noted that Musharraf was a flight risk and could
obtain quality healthcare in Pakistan. The government does not seem to be in the mood to allow
Musharraf to slip away from the country. What this will mean for our democracy and our state is to be
seen. It appears we are moving closer to seeing the first trial for treason of a military dictator who once
wielded absolute power. The conjecture that the government, under pressure, would allow Musharraf
to leave quietly does not seem to be taking form. As the Sindh High Court resumes its hearing into the
case on Wednesday, no one can be sure how it will rule. It seems destined that no matter what verdict
the court reaches, Musharrafs fate will be determined ultimately by the Supreme Court. Both sides will
appeal any verdict to the apex court and let the institution that Musharraf sought to destroy have the
final say.

But there are of course more complications by the day. A private medical board has stated that
Musharraf suffers two fractured spinal vertebrae and needs surgery immediately which can only be
carried out abroad. How this will play into the final scene is still to be seen. The developments come at a
time when there is already a degree of civil-military tension. Reports suggest some of it springs from the
Musharraf trial and the tone adopted in referring to him by some government ministers. In this scenario
every development assumes special importance. We do not know how things will pan out. But against
all expectations the government seems to be taking a strong line. It is now to be seen if it decides to
stick with this or whether the course changes as things move along and other developments possibly
take place concerning Musharrafs petition before the SHC and his case being heard by the special court.