Written by: Afreen Baig

1- On 13 May 2000, Pakistan’s 12 member Supreme Court unanimously validated the October 1999 coup and granted Musharraf executive and legislative authority for 3 years from the coup date. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

2- On 7 October 2002, the 5 member bench of Supreme Court validated LFO and amendments to constitution. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

3- On 29 Dec 2004, PML-Q government passed the 17th constitutional amendment bill in National Assembly, with 2/3 majority, also approved by Senate that allowed President Musharraf to hold dual offices. (Link)

4- Constitution of Pakistan – Article 63 clause (1) paragraph (d), read with proviso to Article 41 clause (7) paragraph (b), allows the President to hold dual office.

5- On 13 April 2005, the 5 member bench of Supreme Court gave judgment in favor of 17th amendment and President’s uniform. Justice Iftikhar Chaudhry was one of the judges that validated. (Link)

6- On 28 September 2007, the Supreme Court cleared the way for President Pervez Musharraf to seek another five-year term, and stand for Presidential elections, when six of the nine judges, rejected a tangle of petitions against him and threw out a major legal challenge to his re-election plans. Presided by Justice Rana Bhagwandas. (Link)

7- President Musharraf was elected President of Pakistan, on 6th October 2007, by a combined electoral of the Senate, National Assembly and the FOUR Provincial Assembles.

8- President of Pakistan declared emergency on 3rd November 2007, as per Article 232 of the constitution.

9- The 10 member bench of Supreme Court (SC) on 24 November 2007 directed the chief election commissioner and the government to declare Pervez Musharraf president for a second term. (Link)

10- On 24 November 2007, the Pakistan Election Commission confirmed Musharraf’s re-election as President. (Link)

11- President Musharraf won by 58% votes, declared in November 2007, as the constitutional President of Pakistan!

12- On 28 November 2007, Musharraf relinquished the office of Chief of Armed Staff, as per November 2007 verdict of the Supreme Court.

13- On 15 Feb 2008, the Supreme Court validated the proclamation of emergency of 3rd Nov 2007, PCO 2007 and oath of the judges. This full court judgment was written by Chief Justice Abdul Hameed Dogar. (Link)

These facts above raise serious questions regarding the credibility of those so-called political intellects and experts of judicial matters that appear on media talk shows, accusing President Musharraf of violating the constitution, thereby seeking to apply Article-6 on him. They do so, merely for publicity and self exposure, overlooking the role of the Judiciary all along and misguiding the public to zenith. They should know that the Parliament and the Supreme Court, has approved and endorsed every single decision taken by President Musharraf. President Musharraf – being the President of Pakistan was the rightful authority to sign amendments to the constitution, after being approved by the Senate.

Article 270-AA of the constitution gives full protection to the 17th amendment and the 1999 coup, which cannot be called into question in any court of the country on any ground what-so-ever. The 17th amendment was approved by the National Assembly by 2/3 majority and made into law, as part of the constitution.

Then, the Constitution (Amendment) Order, 1980, (P.O.No.1 of 1980) section 2 clauses (3A), (3B) and (3C) give full protection and immunity to Martial Law Regulation made by the Chief Martial Law Administrators, any sentence passed by a Military Court or Tribunal, Chief Martial Law Administrator or a Martial Law Administrator or any person acting under the authority of either, and cannot be called into question in any court.

Then, Article 248 clauses (1) (2) (3) (4) of the constitution, protects the President, and he shall not be answerable to any court for the exercise of powers and performance of functions of his respective office, no criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office and no process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.

All of President Musharraf’s decisions were according to the constitution, approved by the supreme Parliament and endorsed by the Supreme Court.

Despite these above mentioned facts and articles as per the constitution, if those prejudiced intellects and revenge seeking politicians, call to apply Article-6 on President Musharraf, then they should know the article in full.

Article-6 clause (2): Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.

Which clearly indicates – that the Supreme Court and the Parliament itself that approved and endorsed the events from 1999 till 2007 shall be held equally responsible, for abetting, if a case ever arises. Yet, as Article-6 itself is NOT a self governing article, that could decide and instigate itself automatically, hence Article-6 provides a clause, leaving it to the supreme Parliament to decide, if and whenever, such a case arises and is brought to the attention of the Parliament.

Article-6 clause (3): [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Other than the supreme Parliament, no other institution can approve nor apply Article-6.

For Links & References: http://presidentmusharraf.wordpress.com/2009/02/01/musharraf-validity-by-supreme-court/

Afreen Baig is an independent analyst majoring in International Relations and Economics. She can be reached at afreenbaig@gmail.com

By: Afreen Baig

When President Musharraf took over, Pakistan was on the verge of default and bankruptcy, with less than a billion dollars in its foreign reserves and 65% of the revenues being spend on debt servicing. The external debt had grown from $ 18 billion in 1988 to become $ 38 billion in 1999. Pakistan was also being tagged as a terrorism supporting state, due to persistent Indian efforts.

The timing coincided with the great game that was about to take place on the map of the worlds. The US had drawn up plans to somehow secure the Oil fields of the Caspian Sea region that competes in scale with the riches of Saudi Arabia and counter the regional dominance of China and rising India.

By 2010, the Caspian Sea reserves are expected to yield 3.2 billion barrels of crude oil per day, in addition to 4.8 billion cubic feet of natural gas per year. The shortest and safest route for the oil pipeline was designed, starting from the Central Asian states through Afghanistan and ending in Baluchistan. The Afghanistan war was implemented to give success and prominence to the US conglomerate Unocal Corporation over the Argentinean conglomerate Bridas, and wipe out the obstinate Taliban.

September 11 was a planned tragedy converted into an opportunity for the USA and its regional dominance to confine and circle China.

For that plan to be executed safely, the USA needed a destabilized Pakistan, a Pakistan full of political circus and corrupt leaders. Corrupt Pakistani leaders who would prefer US regional dominance, in return for some billion dollars tucked away in their foreign banks.

Initially, the USA supported President Musharraf thinking that he would heed to the US regional aspirations, but it dawned upon them only 3 years back that General Musharraf had double crossed them, only to gain time and fortify Pakistan.

President Musharraf took all this time to strengthen and revive Pakistan’s ailing economy and outdated Military. The USA could never have imagined that under Musharraf’s leadership, Pakistan would have started large scale manufacturing and serial production of Al-Khalid Tanks, Ballistic missiles, Agosta (French) Submarines, and JF-17 Thunder Jets.

And, above all a National Command Authority was formed to implement plans related to KRL (Khan Research Labs) and PAEC (Pak Atomic Energy Commission), including development and employment of Pakistan’s strategic assets. The whereabouts of our Nuclear bombs and Warheads are now unknown to any corrupt politician.

Under President Musharraf, Pakistan was converted into a stable and viable economy. Our $75 billion economy of 1999 grew at 6%-8%, to become a $160 billion economy at the start of 2007.

His infrastructure development vision initiated 6 Motorways and several Highways. He constructed 4 Dams. 20 Public and 27 Private Universities are already functioning and 9 Engineering Universities are under construction. Exports increased from a stagnated $ 7.6 billion in 1999, to become $ 18 billion in 2007.

Major ambitious mega projects like GWADAR (a Port on the Straits of Hormuz), a $90m Sust Dry port in Gilgit, Saindak project, Rekodiq project (world’s top 7th copper reserves & 20 million ounces of gold), Marble production, Coal mining projects, Mineral mining & quarrying, etc. remain unprecedented in Pakistan’s History.

Meanwhile, some US think tanks remained suspicious of PAK-China GWADAR project, and term it as an intentional large Naval base for the Pakistani and Chinese Aircraft carriers and Submarines. 40% of the world’s oil supply passes through the Straits of Hormuz. The Chinese overlooking the straits is an alarming situation for both, the US and India. China needed to be countered and restricted.

China also rushed to complete a $100 billion deal with Iran, in February 2006; to develop the Yadavaran Oil field in Southern Iran. Sinopec will get in exchange, 10 million tonnes of Liquefied Natural Gas FREE till next quarter century. The Yadavaran can produce as much as 300,000 barrels of oil per day. Sinopec will hold 51% stake and India’s Oil & Gas Corp. will hold 29%.

To top this all, Pakistan is pursuing the Iran-PAK-India gas pipeline. President Musharraf also convinced China to buy a stake in this pipeline incase India is unable to proceed. Currently, the countries in dire need of Gas & Oil are the developing 3rd world countries, averaging 6% GDP growth. Who will the USA sell its Caspian Sea gas reserves to, if the major regional markets of South Asia are out??

The US mega game plan to lay the oil pipeline from the Caspian Sea reserves to Gwadar and supplying oil from Iraq’s reserves, will both fall in limbo.

The USA remains apprehensive and deeply troubled. Their great game can only be accomplished if the honest and loyal-to-country Musharraf was toppled, and the corrupt lots of politicians are brought back. The USA wants free and unrestricted access to Balochistan including Gwadar, which under President Musharraf was impossible. Gwadar under US control means controlling oil reserves, passage of oil supply and observing the regional economic houses i.e China and India.

CIA funded impressive regime change plans, and toppled President Musharraf’s progressive government to install a corrupt and pro-American government, and all in the name of democracy, freedom of media and protection of civil rights! Those impressive agitations that came out of no-where and were usually headed by NGOs, organized by local political parties and funded through US political channels were covert operations to undergo regime change of President Musharraf.

China, Saudi Arabia and Turkey, understood the regional politics and were steadfast behind President Musharraf. The USA having failed to introduce Democracy or any system in Afghanistan and Iraq, is trying to shift its total failure unto Pakistan. The US Media has already started blaming Pakistan for failure of its ‘War on Terror’, and they’re further rousing suspicions about our Nuclear Assets.

A strong leader is what we need for a stronger, secure and stable Pakistan and a prosperous region!

Afreen Baig is an independent analyst majoring in International Relations and Economics. She can be reached at afreenbaig@gmail.com