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General Musharraf has hijacked Pakistan

BY RC, CITIZEN OF PAKISTAN.

November 2007

A - General Musharraf has hijacked Pakistan

Last few months have been very painful for anyone
who has affiliation to Pakistan. The country has been Table of Content
hijacked by General Musharraf – the second time. B – Background 4
The Military dictator imposed second martial law on C – Timeline Musharraf 6
rd
3 November 2007 and he once again sends the 1973 D – Kargil War 7
E – Coup d’etat 9
Constitution of Pakistani in abeyance. He announced
F – Marshall Law 1 10
that citizens of Pakistan have no rights anymore and G – Post Marshall Law 1 14
he himself is the sole decision maker and law maker H – Start of Downfall 39
in the country. Citizens of Pakistan have no right to I – Marshall Law 2 63
speak, they have no right to express their opinion, J – Post Marshall Law 2 65
K – Charges against Gen 79
they have no right to demonstrate their opposition to
L – Demands 87
his absurd policies, and they have no right to
highlight his oppressive regime‟s torture, kidnapping, and harassments.

In essence, Gen Musharraf announced that the entire 160 million citizens of Pakistan are
incapable and brainless; hence they do not have any right to decide for themselves. Gen
Musharraf is the only smart person in the entire
population of the country who has the capacity to
General Musharraf has hijacked think!
our country. He is neither the
owner of this country nor does he General Musharraf‟s list of crimes is very long and
have any rights over us. He took in last eight years he has destroyed every institution
power by illegal means and broke
of the country, including the Armed Forces. His
away from the oaths he took on his
objective was to make the entire nation submit to
Holy Book.
his whims and desires, and turn them into a slave
mindset that none raise their objection to his
commands. That his command is ultimate order and whosoever objects to it is working
against the country‟s interest. Gen Musharraf makes this analogy that Musharraf is

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The author has no affiliation with any organization or otherwise, neither does he support the opinions and/or
the positions of any organization, party or group. The paper was written in his capacity as a citizen of Pakistan,
and represent feeling of ordinary citizen. It conveys genuine feeling of abasement, repression, despotism,,
despair and dejection, and to make a request to General, “please leave”. Since, Gen Musharraf insist on
interference in governance of country, rule of law, the constitution, freedom of judiciary, political landscape,
and freedom of press and media, inadvertently, this paper becomes political in nature. By reading this paper
you agree to indemnify and hold us harmless or our affiliates from any claim or demand, due to or arising out
of this paper. You can email author at rc99999@gmail.com

Pakistan and Pakistan is Musharraf, and whoever criticizes him is in essence criticizing
Pakistan, and whoever object to his oppressive regime is in fact working to disintegrate
Pakistan.

I would like to highlight to everyone that Gen General Musharraf is a compulsive

Musharraf has hijacked our country. He is neither liar. He has taken oaths and
deviated; He has promised the
the owner of this country nor does he have any
entire nations many times and
rights over us. He took power by illegal means and broke away from it. He has no
broke away from the oath he took on his Holy credibility and trust of citizens of
Book. He violated the Constitution of Pakistan Pakistan. He must be removed.

many times, or sends the Constitution to abeyance

many a times. Gen Musharraf has no respect for
Law and Constitution, and he deprived the entire nation of their basic rights as citizen. He
mauled the Constitution by constantly issuing self-proclaimed laws under General‟s
Orders. When people refused to accept his utter contempt of Constitution, he would
install Marshall Laws, or emergency orders. People of
Pakistan have been agonized, the Constitution have been
agonized.

When the citizens went to court to seek justice, Gen

Pakistan's President Pervez
Musharraf wiping his face and neck
during a news conference in
Islamabad November 11, 2007,
after he imposed yet another
Marshall Law in Pakistan
Musharraf laughed at them. He told the Judges to decide in his
favor and if they don‟t --- Well, then he would simply change
the rules of the game. He will issue a new General‟s Order.
And if people feel that‟s illegal, then he will cross the Law
itself. “I never did anything illegal” – claims Gen Musharraf.
That is correct, the Law did not exist when he committed
crimes – it was in abeyance. And when brave citizens took
him to Supreme Court, he took the Court out.

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“Is democracy more important than Pakistan?” Gen Musharraf questions. “When the
nation is about to be declared a failed state, tell me whether the (restoration) of so-called
democracy is important or efforts to save the country,” he asked and then himself replied:
“Of course it is important to save the country.”

Ironically, it is the same „so-called democracy‟ that was declared „true-democracy‟ by

General himself. Gen Musharraf needs no reminder; he installed first Marshall Law in
‟99 to establish this „true-democracy‟. This man has many faces. Unfortunately, none is
trustworthy.

Gen Musharraf is a compulsive liar; He has taken oaths and deviated; He has promised
the entire nations many times and broke away from it. He has no credibility and trust of
citizens of Pakistan. He has no legal or moral ground to be the Ruler of the Country, or
does he has any legal or moral ground to hold The Office of President, Executive or in
any capacity to govern or rule the People of Pakistan. The only legal position he ever had
is to “serve” the country in his capacity as General of Army, for which he has already
overstayed his normal term.

Gen Musharraf declared himself as the law, the judge, the judiciary and the executioner.
He decides who lives, he decides who stay in jail, he decides who speaks, he decides who
can open his shop, he decides who can do business, and if anyone disagree, his army of
agencies ready to frighten you, or the cops ready to torture you and insult your family,
and if you still disagree his special agents ever ready to kidnap you and lock you in the
one of the worst chambers on planet earth.

Purpose of this second Marshall Law is very simple. Gen

20-nov-07. Bush: Musharraf is 'Man
of His Word'. – AFP Report
US continue its policy of supporting
dictators.
Musharraf wants to remain in power, either by hook or by
crook. Since, there is no Constitutional way to keep a
dictator in power, thus it demands an Extra Constitutional
measure to keep him in power. Gen Musharraf long
identified Judiciary as his biggest obstacle to continue his
illegitimate rule. Nine Months before his illegal term expires,
he hatched a plot to overthrow judiciary to clear the way to
continue his illegal rule. Fortunately, for people of Pakistan,
the judiciary did not give in this time. During the sixty years
of history of the country, it was the first time ever that the

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judiciary stood up to a General‟s Order. They refused to certify his illegitimate rule –
Nine months is what it takes to create a General – Nine months is what it took for a
General to be exposed. People of Pakistan have waited for sixty long years for Law to
rise. As the Chief Justice Iftikhar Chaudhry rightly puts it, “if we don‟t take this
opportunity now, we will not have it for next sixty year”.

I urge everyone domestically and internationally to stop supporting Gen Musharraf in any
capacity, shape or form. He has subjugated entire country, every institution, every
civilian organization. I urge that you work towards removing him from his illegitimate
office, and return the country to a Constitution and Law that was agreed by the people of
Pakistan. Demand the restoration of Constitution and the Judiciary as it stands prior to
Gen Musharraf‟s illegitimate Marshall Law on 3rd Nov 07. Gen Musharraf is not
acceptable to the citizens of Pakistan in any role of “ruler”, be it as Executive or
President. He has no legitimacy or moral ground to claim it.

B - Background
General Pervez Musharraf was born on August 11, 1943 in Delhi (British India), and later
migrated to Pakistan with his parents after the ‟47 partition. Musharraf claimed in his
book “In the line of fire” that he attended Saint Patrick's School, Karachi, graduating in
1958, later attending Forman Christian College in Lahore.

His official biography claims he is a graduate of Command

and Staff College, Quetta and the National Defense College.
He joined the Pakistan Military Academy in 1961 and was
commissioned in an elite Artillery Regiment in 1964. He saw
action in the 1965 war as a young officer in the Khem Karan,
In happier times, PM Nawaz Sharif
Lahore and Sialkot sectors with a self propelled Artillery
and Gen Pervez Musharraf
Regiment. He was awarded the Imtiaz-i-Sanad for gallantry.
He later volunteered and served for seven years in the Special Service Group
"Commandos". He also participated in the 1971 war as Company Commander in a
Commando Battalion. He was promoted to Major General on 15th January 1991, and to
the rank of General on 7th October 1998 and appointed Chief of Army Staff. He was
given the additional charge of Chairman Joint Chiefs of Staff Committee on 9th April
1999ii.

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General Musharraf rose to top job in 1998 when Pakistan's powerful army chief, General
Jehangir Karamat, resigned two days after calling for the army to be given a key role in
the country's decision-making process. It was first time that an army chief stepped down
from his position. It was considered by some observers as sign of Prime Minister Nawaz
Sharif‟s political power and perhaps finally there are assurances of long term civilian
administration in the country. Nawaz Sharif controversially promoted Gen Musharraf
over two others Lieutenant Generals who were more senior than Musharraf. This was
even admitted by Gen Musharraf in his book. He was superseded over Lt. Gen Ali Kuli
Khan and Lt. Gen Khalid Nawaz.

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C - Timeline

Timeline Gen Musharraf

PM Nawaz Sharif appoints Gen Musharraf army chief but their relationship breaks down over the Kargil border conflict with India the next year

Kargil War May-Jul 1999. Gen Musharraf claimed that it has been a "great success" for Pakistan

Oct ‘98
7th Musharraf takes power following a bloodless coup after Sharif sacked Musharraf a day earlier while the general was on his way back from Sri
Lanka. The country was virtually bankrupt and the coup was relatively popular. Sharif is sent into exile a year later.
Oct 7th ‘98
Musharraf first strike at judiciary with Oath of Office (Judges) Order, 2000, requires Judges to take new
Oct 13th ‘99 oath to give allegiance to Gen Musharraf. 13 Supreme Court Judges refused to take oath. They were
dismissed by the General.
Dec 25th ‘00
Musharraf is sworn in as president but retains his army chief post.
Jul 14th ‘01 Agra Summit b/w Musharraf and Indian PM Vajpayee to address peaceful solution to Kashmir

Sep 11th ‘01 After President Bush declared "you are either with us or against
us". A week later, Gen Musharraf announces Pakistan has joined
the U.S.-led war on terrorism.
Apr 30th ‘02
Rigged Referendum to
Aug 21st ‘02 legitimize his rule and give
himself title of President of
Pakistan for five year term

The Legal Framework Order, 2002 (LFO) was unilaterally issued by President Pervez Musharraf in August 2002
to give himself immunity and to allow for elections and revival of Constitution

Oct 10th ‘02 General Election after 3 years of Military Rule to restore National Assembly. King’s party emerges as winner after massive rigging and horse
trading.

Dec 29th ‘03 17th Amendment was passed and added to Constitution to legitimize LFO and all wrong doings of Gen Musharraf. It also gave all powe rs to Gen
Musharraf. He in return promised to shed his uniform on Dec 31st 2004. Gen Musharraf later became renowned for breaking promises.

Gen Musharraf breaks the promise and refuse to give up his COAS uniform. Now he says he will keep it till Nov 15th 2007.
Dec 31st ‘04
Gen Musharraf launches his book, “In the line of fire”
Sep ‘06
Another attack on judiciary. Gen Musharraf suspends Supreme Court Chief Justice Iftikhar Chaudhry on allegations of misconduct. Lawyers rally
to the top judge and Musharraf's popularity plummets as their pro-democracy campaign draws support.
Mar 9th ‘07 Gen Musharraf refuse to sign peaceful agreement and orders troops to storm the Red Mosque in Islamabad. Hundreds of innocent civilian
murdered in extra judicial killing.

Jul 10th ‘07 Supreme Court reinstates Chief Justice Chaudhry, dealing a blow to Musharraf's authority. Government submits unconditional apology.

Supreme Court declared citizen have fundamental rights to come to their country. Sharif return from exile but is arrested at Islamabad airport and
Jul 20th ‘07 deported to Saudi Arabia. Musharraf’s popularity further down. People in Pakistan question Saudi Arabia, and for first time in history show
resentment against Saudi. Saudi accused of insulting Pakistan’s Supreme Court.

Gen Musharraf made new promise to shed Uniform. His lawyers also submit written affidavit in the Supreme Court.
Sep 10th ‘07
Musharraf designates the former head of the main intelligence agency, General Ashfaq Pervez Kayani as
his successor
Sep 18th ‘07 Gen Musharraf win controversial presidential vote, despite his in-eligibility. Most opposition resigns from
Oct 2nd ‘07 assembly, PPP refrained from voting. Supreme Court stops EC from announcing decision, citing pending
case for Musharraf’s ineligibility to hold two offices
Oct 6th ‘07 Benazir Bhutto returns with US brokered deal after 8 years of exile. Large rally in Karachi receives her. A
bomb explodes in rally kills 139 people. Gen Musharraf drops all cases against Benazir, despite his original
Oct 19th ‘07 claim that he will take back all looted money and will not allow her to return

Supreme Court hearing challenges whether Musharraf was eligible to stand for re-election by parliament on
Nov 2nd ‘07 October 6. Gen Musharraf very nervous feeling decision may go against him for keeping two offices.

Nervous breakdown. Gen Musharraf imposed his 2nd Marshall Law to stop Supreme Court from stating key
Nov 3rd ‘07 decision on his eligibility for two office.

Nov 25th ‘07 Nawaz Sharif returns to country with help of Saudi Arabia. Government not to pursue corruption cases.
Massive rally received Sharif
Nov 28th ‘07 Gen Musharraf resigned as COAS after 9 years and 52 days (appx). Gen Pervez Kayani takes over the job

Nov 29th ‘07 Gen Musharraf made himself the civilian President of Pakistan with 58-2-b

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D - Kargil war
Kargil lies on the line of control facing Pakistan Controlled Kashmir's region of Baltistan.
Kargil conflict took place between Jul-May in 1999 between Pakistan and Indian in
Kargil, a district of Kashmir. After the explosion of nuclear
devices by India and Pakistan and increased tension between
the two countries, General Musharraf was regularly seen
giving briefing on media and appearing on state television.
He was the first to claim that Pakistan troops had entered the
Indian-administered sector during the fighting. Previously,
Pakistan stated that the forces had all been Islamic militants
determined to take territory from the other side of the Line of Control. There was
growing gap between the army and the Pakistan government. Gen Musharraf claimed that
militants were preventing Indian gains, he and other senior generals were reportedly
increasingly angry at the Prime Minister Nawaz Sharif‟s attempts to find a diplomatic
way out of the crisis. Mr Sharif's moves led to speculation that the military did not have
the full political backing of the government and he eventually ordered a full withdrawal.
Following the order to withdraw, Gen Musharraf told the BBC that the crisis had been a
"great success" for Pakistan. In contrast, India's ruling BJP party sought to make electoral
capital out of what it saw as a great military
victoryiii. Gen Musharraf was widely credited as
“It is also fairly obvious that the
master mind behind the Kargil Conflict. This was Kargil Operations were not
echoed widely in Indian and international media conceived in its totality, with the
and political arena. Musharraf claimed that he result that apart from bringing
„informed‟ the then prime minister. In his book, ignominy to Pakistan it also caused
unnecessary misery to a lot of
Musharraf terms it a successful operation which
innocent people” – Gen Ali Kuli
according to him brought the dispute over the scenic
Himalayan state of Kashmir once again into the
limelight and compelled India to return to talks. According to the General it was the
Kargil operation which precipitated the composite dialogue process between the nuclear-
armed Pakistan and India. Contrary to that, Prime Minister Nawaz Sharif claimed that
none was aware of it, even in the army except Gen Musharraf and few of his close allies.
He noted that “Gen Musharraf is a very impulsive man, erratic in behavior and not a very
stable person.”iv. Gen (retd) Ali Kuli Khan (retired former chief of Military Intelligence)

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say that the Kargil operation was flawed in terms of its conception, tactical planning and
execution, in which a large number of Pakistani soldiers laid down their lives.

Gen (retd) Ali Kuli Khan stated that “in his book Gen Musharraf decides to step into the
biggest minefield when he brazenly refers to the Kargil Operations as "considered purely,
in military terms, the Kargil Operations were a landmark in the history of Pakistan
Army". I am totally amazed at such ostrich-like behavior when the whole world considers
Kargil to be the worst debacle in Pakistan's history and where countless innocent young
lives were lost for nothing. Absolutely nothing!”

He argued that Gen Musharraf tried to divert the blame to political leadership. However,
allegations can only be made when one‟s own work is above par. Gen Ali Kuli stated that
he regret to say that the conception and planning at the highest level had been poor; in
fact so poor that the only word which can adequately describe it is unprofessional. We all
know that the main duty of the high command is to ensure that with their meticulous
planning they create conditions whereby their junior combatants can fight easy. This was
certainly not done at Kargil. It is also fairly obvious that the Kargil Operations were not
conceived in its totality, with the result that apart from bringing ignominy to Pakistan it
also caused unnecessary misery to a lot of innocent people. The account of General
Musharraf regarding Kargil is inconsistent and has raised more questions than it has
answered! We must have a full blown independent inquiry into the Kargil debaclev.

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E - First coup d’etat – October ‘1999

Gen Musharraf took control of the country on October 12, 1999 with
October
coup d'etat against the then elected Prime Minister Nawaz Sharif,
1999
thereby giving himself the title of Chief Executive.

Gen Musharraf‟s first coming is attributed by most observers to heightened tension, after
nuclear explosion, on Kashmir front followed by Kargil incident. The disagreement
between Gen Musharraf and Nawaz Sharif centered around Prime Minister's desire to
find a diplomatic resolution to the Kargil conflict with India. Following Musharraf's
withdrawal of Pakistani troops from Kargil in Kashmir, he was on a flight home from Sri
Lanka. He claims that Sharif ordered his dismissal and the plane's diversion into the
hands of Musharraf's enemies. From the cockpit, Musharraf assembled his military
forces. He was filmed at Karachi airport, dressed in combat fatigues, with cigarette and
pistol. Three days later, dressed in a suit, he made his first
address as the country's new leadervi.

Mian Nawaz Sharif‟s action on October 12, 1999 for

stopping the plane of Gen Musharraf the COAS and
CJCSC of the country from landing is condemnable act,
and it was certainly inappropriate. Later, Gen Musharraf
returned the favor by not allowing Nawaz Sharif and his Watched by foreign journalists, troops
brother to enter the country. Both of these actions are seized the state TV station – Oct „99

equally criminal, illegal and immoral, and neither can be

justified.

It was a 17 hour operation to carry out military coup and take over the power. In fact the
real action was only in last hour, where Gen Musharraf rallied his troops and took over
Karachi airport to land. And not so surprisingly, the army showed how well they were
prepared to take over from civilian government at very short notice.

Events began when Gen Musharraf, on an official visit to Sri Lanka, received intelligence
that tension between the prime minister and himself had finally reached a head. Prime
Minister Nawaz Sharif and intelligence Chief General Ziauddin, secretly met in
Islamabad and move against him. On his landing he will be taken into custody and
presented as a "retirement" and Gen Ziauddin would step into the most powerful job in
the Pakistani military.

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However, Back in Islamabad, chief of the general staff Lieutenant-General Mohammed

Aziz, and head of the 10th Corps Lieutenant-General Mahmood Ahmed, began plans to
mobilize troops stationed in nearby Rawalpindi.

Nawaz Sharif formally appointed Gen Ziauddin at his official residence at 1540 that
afternoon. But things went wrong from here, as Gen Ziauddin could not find a single
commander to accept his command. Between them, they decided that they have to stop
Musharraf from landing. Gen Ziauddin ensured Nawaz that he can control army if
Musharraf is stopped from landing at Karachi. Nawaz Sharif agreed to the high-stakes
plan and at about 1600, his staff officially announced Gen Musharraf's retirement.

It was all the excuse the army high command needed and
an hour later troops from 111 Brigade of the 10th Corps
were on their way to Islamabad. They quickly took over
TV stations and captured Prime Minister Nawaz Sharif.

Back in Karachi Airport Gen Musharraf kept the plan

Troops surrounded Karachi airport circling the airport until the army took over, after which
where Gen Musharraf was landing –
Oct „99
plane landed. He charged later that Nawaz Sharif ordered
the flight to be sent to Nawabshah in Sindh province
where, it is believed, the prime minister had dispatched his own jet and security team to
take the general into custody.vii

F - Gen Musharraf Proclaims First Marshall Law

Hours after overthrowing Prime Minister Nawaz Sharif government, Gen Musharraf
addressed the nation. He proclaimed his rule and that the Armed forces have moved in as
last resort in the interest of countryviii.

The text of emergency was no different that repeated many times before – “The
Constitution of Pakistan shall remain in Abeyance” and “the whole country is under
Army Control”.

He claimed that the Constitution has only been temporarily held in abeyance. This is not
martial law, only another path toward democracy. He said this back in 1999, and he will
replay this record again in 2007.

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That The armed forces have no intention to stay in charge any longer than is absolutely
necessary to pave the way for true democracy to flourish in Pakistan
Policy objectives – 7 point agenda / promises
Gen Musharraf set out infamous 7 point agenda for
himself:
“My
dear countrymen, our aims and objectives
shall be:
1. Rebuild national confidence and morale;
2. Strengthen federation, remove inter-provincial
disharmony and restore national cohesion;
3. Revive [the] economy and restore investors'
confidence;
4. Ensure law and order and dispense speedy
justice;
5. Depoliticize state institutions;
6. Devolution of power to the grassroots level; and
lastly,
7. Ensure swift ... accountability. ...
” secretaries, the provincial governors,
World will witness which of these seven points he
achieved in his solo rule. All of these promises will
be broken in time to come. Some of the promises he
made during his speech are following:
Appointment of Government:
“All these appointments shall be made purely on
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Musharraf’s Proclamation of First
Marshall Law
In pursuance of deliberations and
decisions of chiefs of staff of the
Armed Forces and corps commanders
of Pakistan Army, I General Pervez
Musharraf, chairman joint chiefs of
staff committee and chief of army
staff, proclaim emergency throughout
Pakistan and assume the office of the
chief executive of the Islamic Republic
of Pakistan. I hereby order and
proclaim as follows:
The constitution of the Islamic
Republic of Pakistan shall remain in
abeyance
The president of Pakistan shall
continue in office
The National Assembly, the provincial
assemblies and Senate shall stand
suspended
The chairman and deputy chairman of
the Senate, the speaker and deputy
speaker of the National Assembly and
the provincial assemblies shall stand
suspended
The prime minister, the federal
ministers, ministers of state, advisers
to the prime minister, parliamentary
the provincial chief ministers, the
provincial ministers and the advisers to
the chief ministers shall cease to hold
office
The whole of Pakistan will come under
the control of the Armed Forces of
Pakistan.
This proclamation shall come into
force at once and be deemed to have
taken effect on the 12th day of
October, 1999.
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the basis of professional competence, merit and repute.”

A promise that he will never fulfilled. He will make every appointment based on personal
bias, handpicking the person who gives most allegiance to his rule.

Economy:

“To revitalize our economy, in addition to measures like recovery of the looted national
wealth - a task that will ruthlessly be pursued - I am identifying policy guidelines,
some of which are: rebuilding of investors' confidence through stability and consistency
in economic policy and economic security - the objective is to encourage the local
investors, overseas Pakistanis, and foreign investors; increase domestic savings; carry out
pragmatic tax reforms; turn around state enterprises toward profitability; boost agriculture

and revive industry; strict austerity measures..”

Economic Policy Objectives: Gen Musharraf set forward four major policy objectives on
the economic front.

1. First, to stabilize the country‟s debt situation with a view to restoring macroeconomic
stability.

2. Second, to revive economic growth and restore investor confidence.

3. Third, to arrest the rising trends in poverty and,

4. Fourth, to improve governance.

Accountability:

“The process of accountability is being directed especially toward those guilty of

plundering and looting the national wealth and tax evaders. It is also directed toward loan
defaulters and those who have had their loans rescheduled or condoned. The process of
accountability will be transparent for the public to see. My advice to the guilty is to
return voluntarily national wealth, bank loans, and pay their taxes before the hand of law

forces them to do so with penalty.”

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He will later established National Accountability Bureau (NAB) and used it as a tool to
keep opposition out of political arena. On October 3rd, 2007 the National Reconciliation
Ordinance 2007 was promulgated by Gen Musharraf to withdraw all corruption cases
registered in NAB against political affiliates and Benazir Bhutto that were registered
between Jan 1, 1986, and Oct 12, 1999. Benazir was biggest beneficiary, others included
Altaf Hussain (MQM Chief) and Aftab Ahmed Khan Sherpao (Musharaf‟s Interior
Minister) and various members of government political affiliatesix.

Media:

“I have great regard and respect for the media. I

trust it to play a positive and constructive role. I
am a firm believer in the freedom of the press and
I am even considering liberalizing the policy on
the establishment of private television and radio

channels.”

This claimed became total farce after his

outrageous attack on Media and Press. He
shutdown every TV channel, except that the TV
channel give allegiance to his rule.

Some of the mainstream News Channels like Geo

TV and ARY One World were still blacked out at Gen Mushrarraf‟s great regard and respect for press
and media is highlighted by these pictures – Nov
the time of writing this paper.
„07

Kashmir:

“The people of Kashmir have made great sacrifices for the achievement of their rights
promised to them by the United Nations. We shall continue our unflinching moral,
political, and diplomatic support to our Kashmiri brethren in their struggle to achieve
their right of self-determination.

India must honor the UN resolutions and its own commitment to the people of
Kashmir. It must also end its repression of the Kashmiri people and respect their

fundamental human rights.”

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Gen Musharraf will back track on his promise and he himself will not honor the UN
resolution. “Pakistan would give up its claim on Kashmir”- “Pakistan is prepared to forgo
its claim on the disputed territory of Kashmir” said Gen Musharrafx.

G - Post First Marshall Law activities

General’s first strike at Judiciary – 2000

December Immediately taking over the control of power and removing

2000 constitution, Gen Musharraf issued order for Supreme Court judges to
take fresh oath. The order called “Oath of Office (Judges) Order,
2000”xi is order issued by then Chief Executive of Pakistan Gen Pervez Musharraf. It
required the judges to take a fresh oath of office swearing allegiance to military rule.
Judges must swear that they will make no decisions against the military rule.

Read the text of this Order on the following page and judge for yourself.

Many judges including Chief Justice Saeeduzzaman Siddiqui and 13 Supreme Court
judges including Justice Nasir Aslam Zahid, Justice Wajeehuddin Ahmed refused to take
the fresh oath and all of them were dismissed by General Musharraf.

With this action, Gen Musharraf broke away from his 7-point agenda. He engaged in
politicizing and interfering in the Judiciary, obstructing the law and justice, and not
allowing devolution of power to grass root level. Hence, he left no room for swift
accountability or any accountability for that matter.

In fact, it will be observed throughout his solo-rule that he continuously worked to

consolidate power for his own position. When he is Army chief, he moved all powers
there. When he became Chief Executive, he delegated powers to CE, when he became
President, he delegated powers to President. Gen Musharraf made fool out of the nation
and he kept toying with Constitution and Judiciary throughout his solo-rule.

Chief Justice Saeeduzzaman Siddiqui noted in an interview: “I was the Chief Justice of
the Supreme Court in October 1999 when Gen Musharraf took power. He came to see me
at my official residence and I advised him of two things. First, to refrain from interfering
in the working of the judiciary, and second, not to try and amend the constitution because
this power cannot be given to an individual. It is to be exercised by an elected parliament.
But the last time I met him he informed me that he wanted the judges to take a new oath.

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I refused to do this. I felt that this whole process had been repeated too many times and it
was time to take a stand. However, I could not get all the judges to stand behind me and
while six of us took a stand, seven judges took the new oath”xii.

“The judiciary is not independent and cannot be in the circumstances. There is no

Excerpts from TEXT of Oath of Office (Judges) Order, 2000:

No. 2-2/2000-Min. I.-WHEREAS in pursuance of the Proclamation of Emergency of the fourteenth day of
October, 1999, and the Provisional Constitution Order No. 1 of 1999, as amended, the Constitution of the
Islamic Republic of Pakistan has been held in abeyance;
WHEREAS Pakistan is to be governed, as nearly as may be, in accordance with the Constitution and the Chief
Executive has and shall be deemed always to have had, the power to amend the Constitution;
WHEREAS all Courts in existence immediately before the commencement of this Order have been continued to
function and to exercise their respective powers and jurisdiction; subject to the Proclamation of Emergency
and Provisional Constitution Order No. 1 of 1999 as amended.
AND WHEREAS to enable the judges of the Superior Courts to discharge their functions, it is necessary that they
take Oath of their office;
2. Interpretation.-In this Order, "Superior Court" means the Supreme Court of Pakistan or a High Court or the
Federal Shariat Court and "Judge" includes Chief Justice.
3. Oath of Judges.-(1) A person holding office immediately before the commencement of this Order as a judge
of Superior Court shall not continue to hold that office if he is not given, or does not make, Oath in the form set
out in the Schedule, before the expiration of such time from such commencement as the Chief Executive may
determine or within such further time as may be allowed by the Chief Executive.
(2) A judge of Superior Court appointed after the commencement of this order shall, before entering upon
office, make Oath in the form set out in the Schedule.
(3) A person referred to in clauses (1) and (2) who has made oath as required by these clauses shall be bound
by the provisions of this Order, the Proclamation of Emergency of the fourteenth day of October, 1999 and the
Provisional Constitution Order No. 1 of 1999 as amended and, notwithstanding any judgment of any court, shall
not call in question or permit to be called in question the validity of any of the provisions thereof.
(4) A judge of Supreme Court or Federal Shariat Court shall make the oath before the President/Chief
Executive or a person nominated by him and a judge of High Court shall make the oath before the Governor or
a person nominated by him.
4. The Chief Executive may, for the purpose of removing any difficulties, or for bringing the provisions of this
Order into effective operation, make such provisions as he may deem to be necessary or expedient.

security of tenure for judges. Whenever, a military ruler takes over, a new oath is
administered to the judges. There is no respect for the constitution which is the highest
law of the land” – CJ (retd) Saeeduzzaman Siddiqui.

Refer to following for the text of Oath of Office (Judges) Order, 2002:

 Oath of Office (Judges) Order, 2000 (1 of 2000) (dated 25-1-2000).

@ http://www.pakistanconstitution-law.com/appendix13.asp

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September 11, 2001 – Riding the wave to legitimize rule

Gen Musharraf was one of the biggest beneficiary of September 11 event. Prior to it, he
was struggling to get legitimacy for his doctorial (Marshall Law) rule in International
Community. This event gave him the opportunity to legitimize his rule. However, this is
also a fact that because of his weak position due to illegal rule, he had no choice but to
comply with US demands.

Gen Musharraf later claimed in his book that Bush administration threatened to send
Pakistan to Stone Age. “The intelligence director told me that (Armitage) said, „Be
prepared to be bombed. Be prepared to go back to the Stone Age‟.” xiii

Within days of 9/11 President Musharraf cut his government‟s

ties to the Taleban regime in Afghanistan and co- operated
with US. In return, Bush administration showered him with
cash and praise.

In his address to nation, Gen Musharraf often use excuse that

The US allegedly ordered Pakistan “we saved our country”, or “Pakistan first” and we had to save
to crush dissent
Pakistan, we made this decision to save Pakistan, otherwise
they would bomb us to Stone Age. These are typical delusional theories to satisfy self
consciousness. If one person makes the most difficult decision in the history of country,
especially from a weak position he held, these kinds a delusions are not abnormal. If such
decisions are presented to council of people, would they make the same decision?.

It seems Gen Musharraf sacrificed Afghanistan to save his country. Did that save Iraq? or
will that save Iran? Divide and rule has always been a prevailing theory amongst
invaders. The new dimension that has been added to it is in the „rule‟ part, i.e. divide
them, but don‟t rule them directly. The modern invaders use a proxy dictator to rule. This
way they don‟t get attention of hate and rage generated by the oppressed people.
Importantly it allows them flexibility to disown the crimes committed in the process by
disowning the dictator at later stage – how else can we describe Saddam Hussein.

And to Gen Musharraf‟s claim, has he really saved the country? He has brought country
to a state of total failure. None of the institute is functioning except that they are
subjugated to single mans desires. There is no law in the country; most of the Law is
„house-arrested‟, and people have no hope to receive any justice. The bombs are
exploding all over the country, thanks to Gen Musharraf‟s internal policies. In his early

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speech after he took over power, he promised to restore “harmony” – or I am taking over
for “nation building task” – so far all he managed to do is create disharmony and disunite
the nation.

The interference from external country has reached to such extend that delegates from
foreign countries poured in before making key decision. Phone calls are received with
specific directives. Explanations and detailed programs are discussed during these visits
and calls. The US and UK were always part of interference, but the latest country joined
is Saudi Arabia. Is this „saving the country‟ and „nation building”? or shall we call it
“selling the country” and “disharmony”?.

Gen Musharraf should answer us;”What honor has left in the nation”?.

It is important to mention following verse of Quran for Gen Musharraf:

29:41 “The example of those who take allies other than Allah is like that of the spider
who takes a home. And indeed, the weakest of homes is the home of the spider, if they
only knew.”

Enlightened moderation and Ataturkism

We will keep the discussion and context of this topic only to Pakistan and without
discussion on Islam.

The so called theory of Enlightened Moderationxiv propagated by Gen Musharraf so often

is two-pronged strategy, as stated by the Gen:

1. One part to be delivered by the Muslim World is to shun militancy, extremism and
adopting the path of socio-economic uplift.

2. The other part to be delivered by the West, and the US in particular, must aim at
resolutely resolving all political disputes with justice and also assisting in the socio-
economic uplift of the deprived Muslim World

“The root cause of extremism and militancy lies in political injustice, denial and
deprivation”. He further elaborates, “Political injustice to a nation or a people when

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combined with stark poverty and illiteracy makes the explosive mix leading towards an
acute sense of deprivation, hopelessness and powerlessness”.

At this point, one must ask the Gen, who is depriving the nation with “political injustice”
(we will keep the discussion to Pakistan)? Is this the west that declared Mashall Law
twice, sack the judiciary, shut the press, and lockup the entire political leadership?

Preaching is good only when you practice it yourself.

These actions of Gen Musharraf were further aggravated by his illegal kidnapping and
extra judicial killings in various part of the country, especially in the north and
Waziristan, and followed by live on-air genocide at Red Mosque has created “an acute
sense of deprivation, hopelessness and powerlessness” in the entire country.

Gen Musharraf further added “A people suffering from a combination of all these lethal
ills are easily available cannon fodder for the propagation of militancy and the
perpetration of extremist, terrorist acts”.

Thanks for letting us know. This is the State of Nation on November 2007. Who do we
blame? The cannon fodder, or Gen Musharraf for bringing us here?

Gen Musharraf further says “We have had a glorious past. Islam exploded on the world
scene as flag bearer of a just, lawful, tolerant and value oriented society”.

All of these values ceased to exists in Pakistan on November 3rd 2007, when Gen
Musharraf announced his latest Marshall Law by sending Constitution to abeyance,
locking up the Justice in their houses, and showering intolerance by jailing every
opponent in the country. Furthermore, new values were devised by claiming Immunity
for himself through a PCO signed by himself? Are these the values of any decent society?

He further stated that “The Armies of Islam did not march forward to convert people to
Islam through the sword, despite what perceptions may be, but to deliver them from the
darkness they were under, through the visible example of their virtues. What better
projection can be found of these deeper values of Islam than the personal example of our
Holy Prophet (PBUH) who personified justice, compassion, tolerance of others,
generosity of spirit, austerity with a spirit of sacrifice, and a burning desire for raising
humanity to a better world. The Muslim World today is distant from all these values. We
have been left far behind in social, moral and economic development.”

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One must correct the facts for General. The armies of Islam are not on the march. It is
opposite of that, the Muslim countries are invaded and occupied. Muslim Armies are not
going out to kill others. It is the opposite of that, others are coming to their land to kill
them. The Muslims are not trying to convert people through sword. It is the opposite of
that, others and their proxies are trying to convert Muslims to become Ataturk. We are
left far behind in economic and scientific development, not because we wanted to, but
because the invaders and their proxy-dictator are not letting the nation building task.
They are not allowing people to have freedom, freedom of speech and freedom of choice.

One of the qualities of dictator is that he never allows knowledge and information to
flow, except what is beneficial to his own rule. Because it‟s detrimental to his rule.
Learned people ask questions, learned people ask their rights, learned people are able to
criticize policies, and learned people do not allow themselves to be subjugated.

In eight year rule of Gen Musharraf, he did not allow any civilian institute to get strength.
He interfered in every institute and he ensured that there is no resistance to his rule from
any one.

Gen Musharraf explained „extremism‟ as state of mind, when a person tries to impose his
opinion on others. “Extremism reflects rigidity of mind, wherein the extremists force,
particularly their views on religion, on others and those with such extreme views ..”

The solo person who is trying to impose his opinion on the entire nation is Gen
Musharraf (marhsall-law 1, marshall-law 2, solo-lfo, solo-17th amendment, solo-pco, “I
decided”, “I have imposed”), and now he is imposing his „enlightened moderation
religious doctrine‟. We rest our case here.

Expending on his EM doctrine, Gen Musharraf also took the line that either you are
enlightened moderate, or you are with extremist. He divided the nation into a new sect.
Those who are „enlightened‟ and rest who are „extremist‟. This created massive
disharmony in the country. No one before Musharraf tried to divide the nation on these
lines, especially when there is no definition of what this enlightened Muslim look like.
Does this Muslim pray?, does he fast?, does he stay away from obscenity?, does
enlightened Muslim read Quran, understand it and implement it? And if he doesn‟t, is he
still Muslim or Enlightened for that matter? Does Enlightened Muslim live by Shariah?

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Rigged Referendum – April 30th, 2002

April The purpose of referendum was to legitimize Gen Musharraf‟s rule and
instill himself as President of Pakistan for five year term. Remember
2002
this for later part of story, as Gen Musharraf will repeat the same show
in 2007 to get another five year term.

After implementing Marshall Law, Gen Musharraf

assumed the title of Chief Executive of Pakistan, and
Referendum question: "For the
Presidency was kept with President Rafiq Tarar. Gen
survival of the local government
Musharraf claimed he is doing it only to get the
system, establishment of
country out of turmoil and he has no personal interest democracy, continuity of reforms,
to hold the position of leadership. Later, he sacked end to sectarianism and extremism,
President Rafiq Tarar to make way for himself to and to fulfill the vision of Quaid-i-
Azam, would you like to elect
legitimize his own rule.
President General Pervez
Before the general elections of „02, a referendum was Musharraf as President of Pakistan
for five years?”.
held on April 30, 2002 for Gen Musharraf to be
elected as the President of Pakistan for another five
years term. Officially, Gen Musharraf wanted to abide by “democratic principles and
establish legitimacy for his rule”, though in the Constitution there was no provision to
become President through referendum.

Once again, (app ki tabedar) Supreme Court of Pakistan dismissed all petitions
challenging the holding of the referendum declaring it was a valid exercise under the
Provisional Constitutional Order (PCO).

Gen Musharraf claimed that his staying is necessary for the country for economic
recovery, to ensure social stability, to counter unnamed destabilizing influences, and to
eventually return to "true democracy". A claim he will repeat again in ‟07.

Referendum was opposed by all parties, except the king‟s party. 15 party alliance was
created under the name of ARD (Alliance for the Restoration of Democracy), mainly led
by PPP and PML-N.

The referendum question put forward to the people was: "For the survival of the local
government system, establishment of democracy, continuity of reforms, end to

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sectarianism and extremism, and to fulfill the vision of Quaid-i-Azam, would you like to
elect President General Pervez Musharraf as President of Pakistan for five years?”

According to the government there were 78 million eligible voters. 87,000 polling
stations were set up, including booths set up at prisons, hospitals, petrol stations,
workplaces, and markets. However, there were no voter lists or constituencies, and
anyone who could prove his identity and age could vote at any polling station. Rules
relaxed so people could vote without their national identity card if they had other proof of
who they arexv.

Gen Musharraf claimed landslide victory. The ECP claimed nearly 43.9 million votes
were polled Results announced claimed to be 98% in favor of Gen Musharraf with 70%
turnaround! 2% discount was only allowed for any possible future improvements in
similar endorsements.

Political parties boycotted the referendum. No one was allowed to express opinion
against the referendum. Holding public meeting, rallying or demonstrations, were all but
banned.

The opposition political parties claimed that the turnout was merely 5 to 10 percent.
Newspaper reports alleged massively rigged polling and a low turnout as against the
claims made by the government. Human Right organizations and independent observers,
including the non-governmental Human Rights Commission of Pakistan (HRCP) and
Pakistani journalists, found evidence of widespread fraud and coerced voting. Electoral
rolls and national identification cards were dispensed with, ballots were routinely cast in
the presence of, or even by, polling officials, and observers reported numerous cases of
multiple voting. Police and local government officials in all four provinces transported
busloads of voters to polling stations. Most disturbing were claims by both public and
private sector employees, cited in the Pakistani press, that they had cast "yes" votes on
the orders of their supervisorsxvi. The vast majority of voters fell in the category of
'captive voters' - prisoners (voting inside prisons was claimed to be 100 per cent), state
and local bodies employees, factory workers (who were driven to the polling booths
located within the factory premises in controlled batches). Voluntary turn-out was very
low. The voters marshalled by local councilors enjoyed the freedom to vote as many
times as they wished.

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Following Report from Human Rights Commission of Pakistan presents a detailed

account of rigging that occurred in this referendum:

 http://www.hrcpelectoralwatch.org/referendum.cfm

This Referendum was named “The April Fool Referendum” by many. No legitimacy can
be drawn from such a shameful display of utter contempt of Constitution and fooling the
entire nation.

LFO – The (il)Legal Framework Order – August 2002

August The Legal Framework Order, 2002 (LFO)xvii was unilaterally issued by
2002 President Pervez Musharraf in August 2002. It paved the way for
General Election ‟02, however, the order with passed with various
amendment to the Constitutionxviii.

In summary, LFOs empowered Gen Musharraf with following illegitimate rights:

1. Firstly, it confirmed Gen Musharraf status as President of Pakistan for five year term
(to end in August, 2007 which will result in another turmoil).

2. Secondly, it gave Gen Musharraf authority to unilaterally dismiss the government and
the national and provincial parliaments.

3. Thirdly, establishing of National Security Council, dominated by military officers that

will hold more power over any elected representative parliament member.

4. Fourthly, it restored Article 58(2)(b) of the Constitution, originally introduced by Gen

Zia-ul-Haq to allow him powers to dismiss the National Assembly at will, and which
was repealed by Act of Parliament in 1997.

5. Fifth, it amendments circumscribe freedom of association and the right of individuals

to stand for elected office, and introduce new criterion for eligibility for election
candidates.

6. Finally, LFO validated all orders and laws promulgated by Gen Musharraf, as well as
all actions taken by persons acting pursuant to them, and declared that they "shall not
be called into question in any court on any ground whatsoever."

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Officially, NSC was institute that will serve as a consultative body on strategic matters
and advise on democracy, governance and inter-provincial harmony. In practice, it was
clearly Musharraf's unwillingness to restore genuine civilian rule and keep the control
within Military circles.

Similarly, Article 58(2)(b) was termed as process of Checks and Balances. In practice, it
was a political tool to dismiss any civilian rule that disobeys Gen Musharraf‟s command.

The new eligibility criteria required candidates to at least hold Bachelor‟s degree for
election of National Assembly and Senate. This was instrumental to removing majority of
candidates, given country‟s poor educational record and infra. LFO also disqualified
criminal convicts, defaulters on loans and utility bills, and absconders from court
proceedings. This order was the most effective political tool to rid most opposition
leadership. It was designed to ensure the disqualification of former prime ministers
Nawaz Sharif and Benazir Bhutto, who were the leader of largest political parties. Both
were first booked in various cases under the National Accountability Ordinance (NAO)xix
promulgated.

NAO in conjunction with the new eligibility criteria has been most effective political tool
of Gen Musharraf‟s solo-rule to keep any opposition out of the game.

The last amendment legalized all illegal action of Gen Musharraf past, present, and future
activities. He was granted immunity that not even the Prophets enjoyed. All of military
abuses, extra judicial kills, tortures and harassments were legalized.

LFO was passionately protested and rejected by majority of opposition parties, legal
fraternity and Bar Councils:

PPP rejects constitutional amendments, “The PPP rejects the National Security Council
as a body of checks and balances over the elected government and institutions of
democracy... It is a device to re-write the civil-military equation on the military‟s terms,
which no civil society can accept,” said PPP‟s Farhatullah Babarxx.

Lawyers and retd judges, bar council members all protested against it, the representatives
of the bar have unanimously rejected it and announced to observe a protest day against
itxxi.

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Bar Council termed LFO illegal, mala fide, “This act of Gen Pervez Musharraf is not
only illegal, illegitimate, unauthorized, and mala fide, but also indicate that no real and
true democracy could be restored in Pakistan and the liberalized deception/oppression of
the uniform people/autocracy will go on in the name of democracy,” the Bar Council
members maintained.

Pakistan Bar Council and the Supreme Court Bar Association stated that by taking oath
under the LFO the members of parliament would virtually be „signing the death warrants‟
of the National Assembly itself by conceding to the discretionary powers of the president
to dissolve the National and provincial assemblies. They wrote letter to all political
parties to tell them that by taking oath under the LFO they would be making a mockery
of democracyxxii.

Leaders of major political parties, eminent legal and constitutional experts rejected the
establishment of the National Security Council and the Legal Frame Work Order, saying
they are in total contravention of democratic and parliamentary norms. “They are black
laws aimed at undermining the supremacy of parliament. The government should revoke
these laws, otherwise democratic forces in the country stand committed to wage a
struggle to force the rulers to reverse their arbitrary and whimsical decisions.”xxiii

LFO was also challenged in Supreme Court of Pakistan, who ruled that LHP must go
through scrutiny and the approval of Elected Government post election.xxiv

Refer to following documents for detailed text of LFO:

 Legal Framework Order, 2002. (C.E.O. No. 24 of 2002, August 21, 2002).
 Legal Framework (Amendment) Order, 2002. (C.E.O No. 29 of 2002, October 9,
2002).
 Legal Framework (Second Amendment) Order, 2002. (C.E.O. No. 32 of 2002,
October 26, 2002).
 Legal Framework (Removal of Difficulty) Order, 2002. (C.E.O. No. 37 of 2002,
November 15, 2002)
 Legal Framework (Removal of Difficulty) Order, 2002. (C.E.O No. 41 of 2002,
November 22, 2002).
 The National Security Council Act, 2004 (Act No. 1 of 2004 April 20, 2004).

@ http://www.pakistanconstitution-law.com/presidential_order.asp , these document

provide an eye opener for people on how the Constitution is mauled, and how the Law is
manipulated to change rules of game to suit one‟s goals, and to consolidate one‟s power.

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General Election – October, 2002

After 3 years of Military rule, the elections were held on October, 10th
October
2002. More than 70 parties contested only the 8th national
2002
parliamentary election in 55 years. This included PPP, PML-N, MMA,
MQM, ANP, PML-Q (also called King‟s Party). There were more than 72 million
registered voters aged 18 and above from a population of 140 million. Voting was carried
out in 65,000 polling stations. The elections were observed and monitored by hundreds of
local and 300 international observers, including observers from European Union and the
Commonwealth, as well as local rights group.

The new rules in these elections included

1. Convicted people were barred from taking part in elections under new legislation, in
particular prime ministers, Benazir Bhutto and Nawaz Sharif, and many other
opponents were unable to contest.

2. A must Bachelor‟s Degree to qualify, which eliminated large majority of current

parliament, however, gave rise to Fraud Degree industry.

3. Voting age was lowered to 18 from 21.

Prior to Election, Gen Musharraf claimed that the future parliament will have all powers
to legislate, including the power to amend the Constitution as per the existing
constitutional provisions. “I will not run the government” claimed Musharraf. “After the
elections, the prime minister will be fully in charge (of things) and empowered to govern
the country” He added. Gen Musharraf rejected allegations of pre-poll rigging.

Despite Gen Musharraf‟s assurances that the elections would be fair, free and transparent,
different political parties alleged that the elections were engineered and the government
was involved in massive rigging. It was alleged that ballot engineering was behind the
sluggish pace of announcements of the election results.

The press was muted by promulgated Defamation Ordinance. Press retaliated to new
ordinance: “We expressed major reservations with respect to the drift of the
government‟s press policy, and strongly rejected the new clumsy attempt to curb the
freedom of press through the proposed ordinances.”

The voters‟ turnout was reported very low, between 15-20%

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Observers from the European Union described the elections as seriously flawed by
official interference in favor of parties like the PML (QA), which supports President
Musharraf. “Regrettably, in choosing the course of interference, the Pakistan authorities
engaged in actions which resulted in serious flaws in the electoral process,” European
Union Election Observation Mission (EUEOM) said.
However, United States quickly accepted the results
and declared it credible.xxv Gen Musharraf lashed out
at EU EOM report and said they have no business to
interfere in Pakistan‟s Election. Pakistan later
officially complained to EU, especially about their
remarks on NSC and Clause 58-2-b where President
Gen Musharraf casting his vote in 2002 Election
retained power to axed elected government.

EU EOM noted following items in their report:

1. The co-operation from the federal authorities was less that what had been expected,

2. Expressed serious concerns regarding the independence of the Election Commission

of Pakistan, the restrictions on political parties and their candidates, the misuse of
state resources, some unbalanced coverage in the state media, deficiencies in the
compilation of the voting register and significant problems relating to the provision of
ID cards.

3. The four Commissioners are all seasoned judges with extensive legal background.
However in the field of election administration they are all new. A telling example is
the CEC who was appointed less than ten (10) months prior to Election Day.

4. ECP failed to curb the authorities‟ misuse of state resources in favor of political
parties, in particular, but not exclusively, for the PML(QA). This has casted serious
doubts over the ECP‟s independence. This became apparent when both President
Musharraf and the Commissioner of Islamabad imposed serious restrictions on
campaign activities, which clearly ran contrary to the Code of Conduct

5. Selective attitude towards Benazir Bhutto and Nawaz Sharif to keep them out of
Election Process. However, same was not applied towards candidates of King‟s Party,
such as Aftab Sherpao (who was charged by NAB for misappropriation of funds, and
acquitted after affiliating to Gen Musharraf), and pro-Musharaf Mr. Chaudhry Shujaat

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Hussain and Mr. Pervez Elahi (who have had large bank loans written off. On 20
September 2002),

6. There are reasons to believe that charges raised by the National Accountability
Bureau (NAB) have been used as one of the forms of pressure against certain
candidates. This becomes even more obvious given that similar charges have been
dropped in cases where politicians have joined pro-government parties.

7. The limited time allocated to electioneering and the many restrictions imposed
seriously hampered the abilities of parties and candidates to campaign and
contributed to the lackluster campaign. This is of grave concern to the EU EOM as
the freedom of assembly and freedom of speech are essential components of a
democratic election contest.

8. EU EOM noted worrying signs that the well-established tradition of state interference
with the work of journalists and editors had not completely disappeared. Several
journalists and editors, particularly in the English press, said they came under
pressure from the authorities to downplay or suppress reports, which were
unfavorable or touched on sensitive issues considered by the authorities to be of
national interest.

9. In the weeks preceding the elections, the government introduced a Defamation

Ordinance and promulgated other laws on Freedom of Information, the establishment
of a Press Council and the registration of newspapers. Some elements of these laws
raised concern about press freedoms

10. Interference of Public authorities and misuse of

state resources

EU EOM concluded that the holding of a general

election does not in itself guarantee the restoration of
democracy. The unjustified interference with John Cushnanan (left) hands over the final report
on the EU's Election Observation Mission to
electoral arrangements, as detailed in report,
Pakistan to Commissioner Chris Patten (right).
irrespective of the alleged motivation, resulted in
serious flaws being inflicted on the electoral process. Additionally, questions still remain
as to whether or not there will be a full transfer of power from a military to civilian
administration.

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Government tried all tactics to maximize results in their favor. They removed the ban on
deflection and openly did horse-trading of opposition parties MNA. Once, they purchased
enough, they restored the ban again, so that the purchased MNA cannot go back.

Supreme Court gloated on the wisdom of Doctrine of State Necessity and described its
decision of validating the military takeover as universally accredited. However, Supreme
Court Bar Association president Hamid Khan deplored such comments as “disparaging
remarks about the independence of the judiciary”. Senior Lawyers Khalid Anwar and SM
Zafar welcomed SC judgment on approving military takeover.

Reports from EU Election Observation Mission to Pakistan - October 2002:

 European Union Election Observation Mission: Final Report

 http://ec.europa.eu/external_relations/human_rights/eu_election_ass_observ/pak/inde
x.htm

The Constitution of Pakistan or Military Ordinance?

By this time Gen Musharraf‟s military government was able to sneak a long list of
constitutional amendments. The ordinances issued in the month of October 2002, mostly
after Oct 12, are:

1. Press Council of Pakistan Ordinance, 2002;

2. The Press, Newspapers, News Agencies and Books Registration Ordinance, 2002;

3. Freedom of Information Ordinance, 2002;

4. Industrial Relations Ordinance, 2002;

5. Companies (Amendment) Ordinance, 2002;

6. Railways Regulatory Authority; Patent (Amendment) Ordinance, 2002;

7. Marketing of Petroleum Products (Federal Control) (Repeal) Ordinance, 2002;

8. Protection of Breast-Feeding and Child Nutrition Ordinance, 2002;

9. Bait-ul-Mal (Amendment) Ordinance, 2002;

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10. Monopolies and Restrictive Trade Practices (Control and Prevention) (Amendment),
Ordinance, 2002;

11. Pakistan Broadcasting Corporation (Amendment), 2002;

12. National School of Public Policy, 2002;

13. Islamabad Capital Territory Local Government Election (Amendment) Ordinance,

2002;

14. Representation of the People (Fourth Amendment) Ordinance, 2002;

15. The Senate Election (Second Amendment) Ordinance, 2002;

16. Gwadar Port Authority Ordinance; Conduct of General Elections (Sixth Amendment)
Order, 2002;

17. Criminal Laws Reforms Ordinance 2002;

18. Election of Members of Senate from the Federally Administered Tribal Areas Order,
2002;

19. Senate Election (Amendment) Ordinance, 2002;

20. National Fund for Cultural Heritage (Amendment) Ordinance, 2002;

21. Defence Housing Authority Lahore Order 2002;

22. Electronic Transactions Ordinance 2002;

23. Employees Old-Age Benefits (Amendment) Ordinance, 2002;

24. General Elections (Fifth Amendment) Order, 2002;

25. Official Secret (Amendment) Ordinance 2002;

26. Foundation University Ordinance, 2002;

27. Cantonment Local Governments (Election) Ordinance, 2002;

28. Unani Ayurvedic and Homeopathic Practitioners (Second Amendment) Ordinance,

2002;

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29. Agricultural Development Bank of Pakistan (Reorganisation and Conversion)

Ordinance, 2002;

30. Health Services Academy Ordinance, 2002;

31. Cotton Standardization Ordinance 2002;

32. National Institute of Health (Amendment) Ordinance, 2002;

33. Federal Ministers and Ministers of State (Salaries, Allowances and Privileges)
(Amendment) Ordinance, 2002;

34. Family Courts (Amendment) Ordinance, 2002; Defamation Ordinance, 2002.

Opposition parties issue statements against issuance of ordinances, but to no avail. The
military government took the position that the chief executive has amended the
Constitution under the legislative powers which were granted to him by the Supreme
Court.

Pakistan Institute of Legislative Development And Transparency – PILDAT concludes

that during a short history of Pakistan seventeen amendments were made to The
Constitution of Pakistan. Some of these amendments particularly the Eighth and the
Seventeenth Amendments have virtually changed the face of the Constitution. The
Constitution as it stands today is completely different legal and political document than it
was when originally passed in 1973. Its structure, particularly in terms of provisions
relating to the parliamentary system of government and the provincial autonomy, has
undergone a complete volte-face. Another important feature of these amendments is that
only 18 out of 65 Articles amended by the RCO were modified by the Eighth
Amendment (General Zia-ul-Haq era). Similarly, only 9 out of 29 Articles introduced by
LFO were modified by the Seventeenth Amendment (Gen Musharraf era).

A peculiar feature of the history of the Constitutional Amendments is that most of the
Amendments were passed hurriedly without reference to Parliamentary Committees.
Even there were no readings of the amendment Bills and the vote of both Houses on such
Bills were rushed on the basis of brute majority. In the case of Fourth Amendment, the
opposition members were physically thrown out of the Parliament at the time of the
passing of the Amendment. There have been amendments where Amendment Bills were

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moved and passed around mid night. Even the parliamentarians did not have the copy of
the Bill before it was actually moved in the Parliament. Where there was an impression
that the amendment Bill would not be favored by the President or the Establishment,
clandestine strategies were adopted, particularly in case of Thirteenth and Fourteenth
Amendments so that the Establishment would not have time to react and defeat such
Amendment Bills. The Eighth Amendment was passed after lengthy Parliamentary
debate spread over six to eight weeks. There was some Parliamentary debate over the
Second and Fifth Amendment. The Sixth Amendment, which was meant to favor one
person, was passed clandestinely without any debate. The Seventeenth Amendment was
deliberately rushed through the Parliament with Establishment breathing down the neck
of the Parliament in order to ensure that it was passed by both Houses before the holding
of the SAARC Conference in the first week of January 2004.

Hence, in Pakistan, the convention of Parliamentary debates, an essential feature of

Parliamentary democracy, is yet to develop. It has been mainly stifled by the military
rulers but unfortunately some of the civilian rulers have not fared much better.xxvi

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17th (un)Constitutional Amendment – December, 2003

Nov 2002 17th amendment was affirmation of LFO orders and all actions of Gen

Dec 2003 Musharraf‟s rule up to this time, and to provide him immunity and
legal cover for all his illegal actions,
or those committed on his authority by his supporters.
Even though that Gen Musharraf King‟s party had
majority of seats in the parliament, they were short of
2/3 majority needed to pass 17th Amendment (or ratify
the LFO). This bill will paralyze the parliament until
MMA (Muttahida Majlis-e-Amal) alliance of religious
parties and ARD came to his rescue.

“The ARD and MMA are prepared to give indemnity to all acts of the military regime
during the past three years, provided the army gives up power, returns to the barracks and
restores the Constitution in the pre- takeover form”, said senior leader Nawabzada
Nasrullah Khan. They positioned it as an offer to allow safe passage for army to leave
political arena, by accepting Gen Musharraf as president, provided the constitutional
amendments, including the LFO, giving him extraordinary discretionary powers, are
withdrawn and he quits the post of chief of army staff. Qazi Hussain Ahmed (JI)
threatened to quit NA if LFO is accepted.

This was only their wishful thinking, as it will later turn out to be. Gen Musharraf wasn‟t
going to leave the power in any shape or form.

On November 16h, 2002 Chief Executive aka Gen Musharraf partially revived the
Constitution, including the controversial LFO amendments and clause 58-2-b.

National Assembly opened its first regular session on

February 26th, 2003 more than four months after its
election. Heated debates on LFO became norm in
assemblies, as Gen Musharaf tried to sneak in LFO as
defecto part of Constitution. The NA came to stand still on
LFO issue as opposition parties refuse to accept one man
law. Puppet Prime Minister Jamali defended LFO and

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promised to request the General to remove controversial parts. Lawyers continued to

protest against LFO across the country. Opposition parties refused to take oath under
LFO. Gen Musharraf send the NA on indefinite recess as “Go Musharraf Go” gets louder.

Gen Musharraf‟s party finally gave into opposition‟s protest. Opposition members took
oath under the un-amended constitution as it existed
before Gen Musharraf seized power on Oct 12, 1999.
Constitution of Pakistan was revived after 41 months
interval. However, the extreme controversy remained on
LFO, whilst Gen Musharraf refused to undo LFO and
NSC, both necessary tools to retain Military rule and
control. He also refused to shed his uniform and COAS
title. NA was completely paralyzed, while Gen Musharraf refused to appear in parliament
due to loud opposition protest. Puppet PM Jamali shuttled between opposition and
General to negotiate a compromise.

While Gen Musharraf loosing grounds with opposition, he was gaining grounds with US
President G Bush with unchartered War of Error. In fact, some believes that Gen
Musharraf had not choice but to keep his obedience with
USA to legitimize his rule. During this phase, Indian
Prime Minister Vajpaee scored key goals over Musharraf
and pushed him to corner on Kashmir policy with the
help of new indian business partners, USA. Gen
Musharraf was in no position to negotiate with USA and
India, with his back on wall with illegitimate rule. String
this era, Musharraf govt made numereous statement on no-change-over-kashmir policy.
Gen Musharraf was rewarded with dollars, however, gave Gen Musharraf certain „goals‟.

May 29th 2003, Six months since the National Assembly was
restored, Gen Musharraf‟s party continued their negotiations
with opposition parties on LFO issue. After the deadlock on
collective bargaining, they started negotiating with
individual opposition parties, and Gen Musharraf directory
negotiated with MMA. Lawyers continued their protest
against LFO and faced administration, and Gen Musharraf
responded that LFO can‟t be undone, and preached his unity

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of command doctrine. Especially, after his Camp David trip where he established
„friendship‟ with President Bush, he was lot more confident of holding on power to meet
certain „goals‟. He was happy to ignore issues in NA, as his term was safe now and he
was $3 billion richer, with additional performance bonus certainly on its way.

He was also preparing to make a U-turn on long standing Pakistan‟s Kashmir Policy.
Now confident, Gen Musharraf hinted flexibility on core LFO issues related to uniform
and NSC. MMA floated the idea that uniform can be accepted till November 2004 with
acceptance from other parties. While Gen was negotiating with MMA, he managed to
settled his differences with MQM, and voices could be heard that MQM ready to accept
the Military governance.

Internationally, Foreign Ministers of Commonwealth kept Pakistan status under

suspension due to impasse on LFO issues, however, there were mere lip services and
were never intended to genuinely harm Gen Musharraf‟s doctorial regime. USA fully
supported and encouraged dictatorship in the country, both showering dollar and praise.
Human Right Watch issued a reportxxvii on wrong doings, which was quickly rejected by
Gen Musharraf. Report stated “General Pervez Musharraf took steps that further
consolidated the army's authority and all but ensured that any future government would
operate under military tutelage” and that it faces little international opposition. The
international community almost unanimously eased diplomatic and economic sanctions
when Pakistan backed the U.S.-led anti-terrorism coalition. Gen Musharraf reshuffled
military command structure (to place die-hard buddies in commanding positions). So
much for preaching „merit selection‟ to nation.

Human Rights Watch Report can be downloaded from:

 HRW Report on Pakistan 2002 - http://hrw.org/wr2k2/asia9.html

Oct-Nov 2003, Opposition parties, lawyers and bar

associations and right activities continued their opposition to
LFO. Prime Minister Jamali threatened new Marshall Law if
LFO not accepted. Government arrested ARD chief Javed
Hashmi on fabricated charges and was tortured in jail.
Cracks started to appear in opposition as MMA tried to
negotiate LFO with Gen Musharraf. On November 29th 2003, MMA announced that an
understanding has been achieved with government, and under the term Gen Musharraf

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will shed uniform by December 31st 2004. The final deal between MMA-Government
was announced with following main items:

1. withdraw the three-year extension in retirement age offered to superior court judges,

2. keep the local governments under the Sixth Schedule for six years,

3. set up the National Security Council under an act of

parliament,

4. the decision to dismiss a government under 58(2)b will be

referred to the Supreme Court within 15 days,

5. the president will seek vote of confidence from the

electoral college,

6. the president will consult the prime minister on the appointment of armed forces
chiefs but will not be bound by the advice of the PM, and

7. the president will give up his uniform by December, 2004

Most of these items had no meaning, except item #7, which was merely wishful thinking
of MMA leadership. Opposition alliance ARD rejected the pact as moving country to
“on-unit” system.

Later, Government moved the drafted in National Assembly as Seventeenth Amendment,

however, tailored it. Aitzaz Ahsan of the People‟s Party argued against the bill that it was
contrary to the joint stand of the ARD and MMA during their 13-month protest that
presidential decrees forming the LFO and giving sweeping powers to Gen Musharraf
could not become part of the constitution without a parliamentary approval. Maulana
Fazlur Rehman defended what he called a satisfactory agreement. However, Qazi
Hussain Ahmed came hard against the draft and defended Aitzaz Ahsan‟s argument.

On, December 29th 2003, the darkest day of Pakistan‟s history, the Seventeenth
Amendment was passed by National Assembly mostly by government MNA, and with
the help of MMA members. The bill was approved by 248 (out of 342-lower house)
members, while 0 vote against it as opposition boycotted the voting. The bill largely
endorsed Gen Musharraf‟s solo-law aka LFO. The bill largely retained the president
powers and was a negation of parliamentary system of government.

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History Repeated: The bill‟s passage was throwback of a similar package passed by the
National Assembly in 1985 that indemnified actions of then president Gen Ziaul Haq and
introduced article 58(2)(b) in the then revived Constitution. xxviii

In summary, Seventeenth amendment did following damage to already crippled

Constitution of 1973:

1. LFO orders were largely incorporated into Constitution.

2. Validation and affirmation of laws passed under various LFO orders, all
Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws,
regulations, enactments, including amendments in the Constitution, notifications,
rules, orders or bye-laws, all orders made, proceedings taken, appointments made by
Chief Executive or President, or on his behalf or authority. Hence, giving legal cover
to all wrong doings.

3. No suit, prosecution or other legal action can be taken against any Order or action
passed by Gen Musharraf or on his authority, since he first proclaimed Marshall Law.

4. Holding of two offices. Article 63(1)(d) shall become operative on and from
December 31st , 2004. This clause prohibits a person from holding both political
office (i.e. The President) and an “office of profit” (i.e. an office that is typically held
by a career government servant, civil or military - such as the office of the Chief of
Army Staff). Although this was supposed to separate the two types of office, a
loophole - ".. other than an office declared by law .." - allowed Parliament to pass an
ordinary law later in 2004 - permitting the President to hold on to the office of Chief
of Army Staff, an option that Gen Musharraf then exercised.

5. Restoration of restored Article 58(2)(b) of the Constitution, that gives power to

President to dissolve National Assembly at will.

6. If the President wins a majority in a vote of confidence in the electoral college, he

will be considered elected to the office of President. (On January 1, 2004, Gen
Musharraf won 658 out of 1,170 electoral-college votes - a 56% majority – giving
him the title of The President of Pakistan.)

The bill was opposed by the Alliance for the Restoration of Democracy (ARD) and its
smaller allies. Senate passed the 17th Amendment with the help of MMA by 72-0 votes.

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Gen Musharraf claimed yet another victory by mauling the Constitution. Soon after, Gen
Musharraf won the vote of no confidence. The unprecedented vote, allowed by a new
constitutional amendment, accorded legitimacy to Gen Musharraf's military presidency
after 14 months of noisy opposition protests that had paralyzed parliament.

Qazi Hussain Ahmed, president of MMA party who helped Gen Musharraf with 17th
Amendment termed it the best possible deal, and called it a success. He however added
that the country will continue to remain under the military rule as long as President
Musharraf does not leave the office of the Chief of the Army Staff (COAS). xxix

This time in history can be considered as highest point in Gen Musharraf‟s regime. He
became the most powerful person in Pakistan, and had the absolute power to change all
wrong doings of the past generations. Unfortunately, the famous saying came true –
Absolute power corrupts absolutely…

Refer to following document for detailed text of 17th Amendment:

 The Constitution (Seventeenth Amendment) Act, 2003 (dated December 31, 2003).

@ http://www.pakistanconstitution-law.com/appendix19.asp

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Gen Musharraf take oath as President for next 5 years

On November 16th 2002, Gen Pervez Musharraf took fresh oath for another five years in
office secured through a referendum held in April this year. General was sworn in under
the 1973 Constitution as amended by the Legal Framework Order promulgated by the
Gen Musharraf (himself) in August this year.

Remember that on this date LFO was not yet passed by parliament as 17th Constitutional
amendment. However, the government officially notified the assumption of office of
General Pervez Musharraf as the President of Islamic Republic of Pakistan under the
Constitution of the country!!

Gen Musharraf, appeared on TV and made a righteous speech that he has transferred the
powered to people! And praised some of good things he did in three year term.
Conveniently, he forgot to remind people that he has consolidated all powers into single
person, and vehemently modified the Constitution to favor his powers.

Now, Gen Musharraf‟s is illegally legal until November 15th 2007. Then whole Marshall
Law cycle will be repeated in November 2007. All of the drama that happened in 2002,
will be repeated again.

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Gen Musharraf break promise, keeps uniform

On December 31st 2004, Gen Musharraf announced that he will not take off uniform as
originally promised by him, instead he now he will retain the COAS uniform till 2007.

According to Pakistan‟s Constitution army personnel cannot be part of politics until after
two years from their departure of army services. Also, the Constitution does not allow
holding of two offices under Article 63(1)(d) .

The excuse was typical, “At this crucial juncture, the country cannot afford any change in
the internal and external policies and this is the major reason behind my decision to
continue retaining the office of the army chief.”xxx

This was contrary to his original promise where he stated that he will genuinely transfer
of power to national assembly. In addition, with his deal with LFO he clearly stated that
he will doff off his uniform by this date. Unfortunately for people of Pakistan, Gen
Musharraf only kept his promises made to President Bush… or so claimed by President
Bush.

Opposition parties reacted strongly and hold „black day‟ ralies‟ and protests across the
country. They said that “The president had no right to rule the country nor was he eligible
to remain the army chief under Article 282. He has broken the pledge he made with the
nation”xxxi

US (as usual) called it an internal matter, and strongly endorsed Gen Musharraf‟s
decision to retain uniformxxxii.

Black day observed in the country, whilst Gen Musharraf iterated that, “Any change at
this stage can be harmful to the country and this is the major reason behind my decision
to retain the army chief office.” He said main issue for country is „water‟.

He also added, “He said there was a true democracy in the country” xxxiii. A claim he will
deny in November 2007.

Another Supreme Court CJ, 10 judges retire

On December 31st 2004, new Justice Nazim Hussain Siddiqui was sworn in as CJ of
Supreme Court after Gen Musharraf‟s 17th amendment was added to Constitution. 10
judges of the superior courts stood retired, including Supreme Court Chief Justice Shaikh

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Riaz Ahmad. The judges who retired after attaining the age of superannuation in
pursuance of Articles 179 and 195 were:

Justice Shaikh Riaz Ahmad, Chief Justice of Pakistan;

Justice Munir A. Sheikh, SC judge; Justice Qazi
Mohammad Farooq, SC judge; Justice Karamat Nazir
Bhandari, Lahore High Court judge (ad hoc judge, SC);
Justice Raja Mohammad Sabir, LHC judge; Justice M.
Roshan Essani, SHC judge; Justice S. Ahmad Sarwana, SHC judge; Justice Zahid Kurban
Alavi, SHC judge; Justice Mohammad Ashraf Leghari, SHC judge and Justice Abdur
Rauf Khan Lughmani, Peshawar High Court judge.

The proposal of three years' extension in the retirement of judges of the superior courts
was withdrawn by the government from the constitutional amendment package which
was agreed and signed between the MMA and the government (as LFO deal) due to
intense pressure of the MMAxxxiv.

H - Start of Gen Musharraf’s downfall

Judiciary and Gen Musharraf

After Gen Musharraf installed Marshall Law, six judges of the Supreme Court, including
the then chief justice had to leave as they refused to take fresh oath under the PCO.
Supreme Court Bar council and political parties demanded that Judges take fresh oath
after the Constitution was restored.

During his rule, Gen Musharraf remained at odd with the Judiciary. He constantly
interfered in Judiciary. Repeated oaths were taken from judiciary to give oath under latest
emergency order to ensure allegiance. Every oath will remove x numbers of senior judges
from judiciary. After Nov 3, 2003 Marshall Law, majority of judiciary was eliminated
(without ceremony) and mostly house arrested. More than 2/3 majority of judges refused
to take oath. 15 Supreme Court judges (out of 19) refused, In Punjab 18 (out of 31), in
Sindh 23 (out of 27) refused, in the NWFP 8 (out of 13). In Balochistan all 5 took
oathxxxv. Hence, the Judiciary lost 64 senior most judges from Justice Department, and
there were no replacements available. If this is not subjugating judiciary then what is? If
64 General and their Lieutenants were fired from Army, will it survive?, especially when
this vicious firing of Senior Judges happened so frequently in last 8 years.

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One of the excuses Gen Musharraf gave for imposing Marshall Law was that Judiciary
was interfering in Executive. However, this is farfetched claim. Contrary to his claim,
Gen Musharraf constantly interfered in the Justice Department. His main reason behind
maneuvering Chief Justices of Supreme Court was to avoid being announced as criminal,
for breaking law, for fraud, for extra judicial killing, for kidnapping, for selling countries
assets in liquidation sale, for sending constitution in abeyance. The list of crime is so long
that no independent judiciary will be able to give immunity to Gen Musharraf.

Two of his close aids claimed that “Gen Musharraf is ready to accept every demand of
the opposition parties except the restoration of deposed Chief Justice of Pakistan Justice
Iftikhar Muhammad Chaudhry and other judges of the old Supreme Court”. This clearly
indicates that Gen Musharraf‟s regime is not interested in “independence of judiciary”,
because this means him and rest of military, feudal lords, and political mafia will have to
abide by Law!!

SC Chief Justices during Musharraf’s regime

During Gen Musharraf era, nine Supreme Court Chief Justices were sworn in. Gen
Musharraf kept on sacking judges those do not conform to military regime. A large
number of judges were removed during Gen Musharraf‟s era (1999 – still going!).

8 of 20 Chief Justices were appointed during Musharraf‟s era.

# Name of Chief From To Reason

Justice

#15 Justice 01 July 26 January Refused to take oath under PCO after ‟99 Gen
Saeeduzzaman 1999 2000 Musharraf‟s coup, stated reason as “taking oath
Siddiqui under the PCO, in my opinion, will be a deviation
from the oath I had taken to defend the
constitution”. 6 other SC judges refused to take
oath.
#16 Justice Irshad 26 January 06 January Appointed after prior refused to take oath under
Hasan Khan 2000 2002 PCO. He legitimized General‟s Law. On January
6, 2002, he was appointed as Chief Election
Commissioner.
#17 Justice Bashir 07 January 31 January Short tenure, stop gap.
Jehangiri 2002 2002
#18 Justice Sheikh 01 31 Major rulings include, Jun-04 set aside previous
Riaz Ahmad February December SC judgment prohibiting riba based banking. Apr-
2002 2003 02 approval of Gen Musharraf‟s referendum under
previous court order. Validated doctrine of
necessity.
#19 Justice Nazim 31 29 June Appointed after prior retired.

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Hussain Siddiqui December 2005

2003
#20 Justice Iftikhar 30 June Present (de Appointed after prior retired. His tenure was going
Muhammad 2005 jure) to last until 2012 as per rules. Legal fraternity
Chaudhry claims he is still CJ of Pakistan
#21 Justice Javaid 09 March 23 March De facto after Gen Musharraf suspended CJ
Iqbal (de facto) 2007 2007 Iftikhar Chaudhry on Mar 9 „07
#* Justice Rana 24 March 20 July Temporary.
Bhagwandas (de 2007 2007
facto)
#23 Justice Abdul 03 Present (de Appointed after Gen Musharraf sack judiciary
Hameed Dogar November facto) after imposing Nov 3 ‟07 Marshall Law.
2007

How many more to be sacked? Gen Musharraf‟s claim of “independence of Judiciary”

and “speedy justice” is absolute farce. The reality is opposite of the claims he made.

CJ Iftikhar Chaudhry– March, 2007

CJ Iftikhar Muhammad Chaudhry took centre stage when Gen Musharraf tried to
eliminate him on March 9th 2007. This incident marked the start of downfall of General‟s
regime, which was further aggravated by Operation Silence.

This „Executive‟ Order was issued few day after Supreme Court CJ shot down a
“draconian law” of arrest under pending NAB (National Accountability Bureau) cases,
and Human Rights Commission of Pakistan (HRDC) pleaded to SC Chief Justice Iftikhar
Chaudhry to form an independent commission to investigate cases of disappearances of
people.

CJ Iftikhar Chaudhry received unprecedented approval from masses in Pakistan and

internationally, as he became the first ever Judge to put up resistance to Military
subjugation of Justice Department.

CJ Background
Iftikhar Muhammad Chaudhry (born 12 Dec 1948) was appointed Supreme Court chief
justice by Gen Musharraf on May 7, 2005.

Born to a lower middle class family in Quetta, he studied law and started legal practice in
Quetta in 1974. He tried his hand at all fields of law; civil, criminal, tax, revenue and, at a
later stage, constitutional matters. He qualified for legal practice at the Supreme Court in
1985.

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In 1989, the Balochistan provincial government appointed him as its advocate general,
and the next year he became a judge of the Balochistan High Court. He became the chief
justice of Balochistan High Court in April 1999 and was elevated to the Supreme Court
in February 2000.

On June 30 2005 he was appointed as the chief justice of Pakistan. He was suspended by
Gen Musharraf on March 9, 2007. He was later reinstated by
order of the Supreme Court on July 20, 2007. On November
3rd 2007, Gen Musharraf imposed Marshall Law – the
second time – and installed Justice Dogar as CJ of Supreme
Court by house arresting CJ Iftikhar Chaudhry.

(Deposed) CJ Iftikhar Chaudhry will reach the superannuation age of 65 years in 2012,
which will make him one of the longest serving chief justices in the judicial history of
Pakistan. He will serve as CJ for 7 years by then. – at least that was the original plan!

CJ Activities prior to first suspension

Pakistan Steel Mills Privatization

In 2007, the Supreme Court ruled against the government, saying that the selling of
Pakistan Steel Mills to a group including Arif Habib, former client and friend of PM
Shaukat Aziz, was done in "indecent haste".

On Mar 21st 2006, the PSM was sold at „peanuts‟ price of Rs 21.6 billion ($362
millions), while the real state (4546 acre land) itself was worth Rs 27 Billion. The
consortium that won the bidding includes a Saudi group Tuwairqi, a Russian group M.
Magnitogorsk Iron and Steel Works, Arif Habih and Siidique Sons who were former
client and friend of PM Shaukat Aziz. The Employees Management Group (EMG) who
offered more was mysteriously ignored.

Government failed to give any convincing argument in support of the hasty decision it
took to sell off the complex at such a low price. Opposition lawmakers questioned the
deal in National Assembly to no avail. Workers of the Pakistan Steel rejected the sale of
the mills, they alleged that irregularities in the process and urged the Chief Justice of
Pakistan to take suo motu notice of the affair.

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On May 28th 2006 Representatives of more than 50 labor, political, social and human
rights organizations have expressed their strong reservations over the process of the
privatization of the Pakistan Steel, and described the sale of
the national asset as the biggest scam‟ in the country‟s
history.

On June 23rd 2007, headed by CJ Ifthikar Chaudhry, 9

members bench at Supreme Court gave a land mark decision
and annulled the sale of Pakistan Steel Mills to a three-party
consortium and directed the government to refer the matter to
the Council of Common Interests (CCI) within six weeks.

On August 8th 2007, SC issued 80 page judgment on PSM case It stated that the
transaction was the outcome of a process reflecting violation of law and gross
irregularities. “This unexplained haste caste reasonable doubt on the transparency of the
whole exercise and reflects CCOP‟s disregard towards mandatory rules and materials,
essential for arriving at a fair reference price,”

“A constitutional court would be failing in its duty if it does not interfere to rectify the
wrong, more so when valuable assets of the nation are at stake,” the judgment said.

Download the full 80-page Judgment report of SC on PSM case:

 http://www.dawn.com/2006/08/09/tab.pdf (PDF)

Opposition member raised questions in NA , and asked the PM to resign and face
criminal charges. The embarrassment was a massive blow to govt‟s credibility. They
asked SC to “refrained from interfering in governments‟ economic policies”. Justice
Javed Iqbal observed, “that governments did not enjoy unfettered rights on the pretext of
pursuing economic policies and that there should be some safeguards for people‟s rights.”

This judgment irritated Gen Musharraf and cause major blow to his national asset sell off
schemes. In order to pursue their aggressive policies of selling assets to raise cash, govt
changed the rules to invigorate privatization to raise $15 billion in five-years.

Missing people
After Gen Musharraf‟s allegiance to President Bush on so-called “war on terror”, scores
of people had mysterious “disappeared” in Pakistan. It has been proved time and again

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that they are kidnapped by Pakistani agencies (ISI, MI, IB) and in pursuance of the "War
on Terror." Large number of families have come out and challenged „missing people‟ in
the Supreme Court and other higher Courts. HRDC have long campaigned and protested
against these mysterious disappearances. A bench under the Chief Justice Iftikhar
Muhammad Chaudhry took notices of these cases, and directed the Ministry of Interior
and the representatives of the military agencies to appear in the court and answer the
issues raised by the people of Pakistan in „missing people‟.

Government kept on denying and blatantly lying on these cases, stating that they don‟t
have them. Gen Musharraf is on record to categorically denied holding people against
their will. However, their lies were smashed and they were exposed naked when the
scores of these „missing people‟ were released by the government.

No „law-abiding‟, „constitution-respecting‟ government kidnaps their own people. This is

heinous crime against the basic human rights. Apparently, it was needed to serve
American interest on so-called „war on terror‟ to kidnap and torture your own citizen,
without proof and legal authority. Lot of people suffered and lot of families lost their
hopes, as the barbaric torture, harassment and kidnapping of Pakistani agencies continues
to date. Without being checked and monitored by any law, these agencies are the biggest
outlaws of the system. If someone is guilty or has committed a crime, he should be
arrested with charges, and he should be brought to court – this is the only civilized way of
living.

On Sep 10th 2005, HRDC accused agencies of holding „missing people‟ illegally in their
custody. “that scores of people picked up by intelligence agencies were missing and
being kept incommunicado” they accused.

On Nov 10th 2006, SC set a deadline and asked the government for details on the
whereabouts of 40 missing people by Dec 1 and made it clear that no “excuses” would be
accepted.

On Dec 9th 2006, Human rights groups say that of 242 people missing since 2000, 110
are from Balochistan, 70 from Sindh, 42 from Punjab and 20 from the NWFP.

On Jan 22nd 2007: The SC expressed disappointment over the government‟s failure to
trace 18 persons who have been missing for many years, summoning the chief
government lawyer to explain his position on Feb 6.

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Upcoming Cases in 2007

Some of the important cases that would come under Supreme court review were:

1. Case of Nawaz Sharif (twice the former PM of Pakistan), can he return back to
Pakistan?

2. Case of PM Shaukat Aziz, his dual and his eligibility to be Prime Minister.

3. Case of Gen Musharraf, is he eligible to enter politics and run for President?

4. Case of Gen Musharraf, can he hold two offices and whether he may continue in
office without relinquishing his role as the head of the military.

5. Cases of Missing People

6. Cases of Lal Masjid siege and inquiry why it was not settled peacefully?

Number of these cases led to Gen Musharraf‟s estrangement with CJ Chaudhry. These
includes canceling of the Steel Mills privatization, his verdict on the New Murree Project,
or cancellation of the mini Golf Club plan in Islamabad on a public park, mega money
was involved in all, and the list of beneficiaries of such deals all belonged to the ruling
clique‟s close circles.

It is apparent that Gen Musharraf and his government do not want any check and balance
on themselves. They do not wish any one to question their actions and the Gen Musharraf
consider himself above the law.

Can the Gen Musharraf answer, if he is wrong, who can judge him? Where should people
of Pakistan go to challenge his solo-law making, his repression of people, his subjugation
of judiciary, his outright extra-judicial killing, his obnoxious decision making?

Gen Musharraf is the outlaw of Constitution of Pakistan, he betrayed the Constitution and
he betrayed people of Pakistan.

Gen Musharraf sacks CJ

On March 09, 2007, CJ Iftikhar Chaudhry was suspended by Gen Musharraf and was
replaced by Justice Javed Iqbal. Gen Musharraf also filed a "reference" (i.e., legal case)
against Chaudhry for alleged misconduct, such as an allegation that Chaudhry demanded
an ostentatious Mercedes-Benz for his official car, and nepotism, but most observers

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believed it was because the judge had made a series of rulings against the
governmentxxxvi. CJ was manhandled by police and agencies, and was put under illegal
house arrest.

Legal fraternity was shocked and questioned presidential authority to make the Supreme
Court chief justice „non-functional‟. Retd CJ Justice Sajjad Ali Shah observed that “the
Chief Justice cannot be removed, suspended or made „non-functional‟ under Article 209
of the Constitution by the president”. He added, "This is against the principle of
trichotomy of powers. He said all the organs of the state must function within their own
scope and there should be no overlapping, interference or
domination”.

Earliar, CJ was summoned to Army where he was harassed by

uniformed personnel (MI, ISI) for 5 hours. In detailed account,
CJ was summoned to Army house,
CJ said in his one-on-one meeting Gen Musharraf later called:
where he was harassed by PM Shaukat Aziz, the Directors General of Military
Agencies and Miltary
Intelligence (MI), Director General of Inter Services
Intelligence (ISI), Director General Intelligence Bureau (IB),
Chief of Staff (COS) and another official. All officials (except the IB chief and the COS)
were in uniform. He was constantly being asked to resign. He said Gen Musharraf started
reading notes from bits of paper, there was no single consolidated document presented to
him containing charges against him.xxxvii

The suspension and arrest of CJ Iftikhar marked the unstoppable protest, across the
country by lawyers, bar associations, the entire legal fraternity, the media and press, and
politicians and common people alike.

The so-called „reference‟ was referred to The Supreme

Judicial Council by the President. SJC was described as,
“The SJC was not a court, but an accountability arm of the
judiciary. He said it would hold an inquiry into the charges
leveled in the presidential reference and send its report to the
president”.
Gen Musharraf didn‟t see this coming.
Gen Musharraf said he will accept SJC decision, however, He claimed lawyers didn‟t support CJ

added small minority of lawyers supports CJ. “I looked out

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from the balcony of the Army House at the Supreme Court and found – (hold your
breath) – not a single demonstrator”, he claimed on tv.

Following the incident, Gen Musharraf banned news channels and tv programs, and
peaceful rallies. Also, agencies and police stormed Geo TV and destroyed their offices.

CJ Ifhtikhar Chaudhry refused to resign and said he will fight it in court of law. He said,
“There is no question of resignation. I would have resigned during the five-hour stay at
the Army House had I to give in.”

As the days passed by, the lawyer‟s movement became severe and stronger, and receive
mass level public support. Realizing the seriousness of mistake, Gen Musharraf blamed it
on low-ranking officials for „tactical-error‟.

The „reference‟ included 17-pages. 11 pages of them were on Justice Chaudhry‟s alleged
abuse of office to get his son appointed (Dr Arsalan Iftikhar) in the senior police services
in contravention to all rules and regulations. Rest were on using a fleet of cars contrary to
rules, his insistence on protocol, using planes and helicopters to which he was not entitled
and using a BMW car. http://www.dawn.com/2007/03/21/top3.htm

Deputy Attorney-General (DAG) Nasir Saeed Sheikh resigned in protest against the
president‟s action against CJ Iftikhar Chaudhry. In an interview, CJ Chaudhry said “he is
innocent”. He revealed “The cases which were pending were the Gwadar land scam and
certain constitutional issues. I was also going to look into the privatization of the Habib
Bank,”

CJ Iftikhar said he reduced the backlog of pending

cases from 26,000 to 10,000 and taking suo motu
action on several issues of public concern and
fundamental rights. He said his eagerness to resolve
the cases of the „missing persons‟, implying that his
actions in this regard had irritated the rulers.

In history address at Sukkar he said, „„Abuse of power

often happens in a society, where there is
centralization of all powers in one person or one
institution,‟‟ “Power corrupts. Absolute power

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corrupts absolutely…”.

Government changed their stance, and stated that Iftikhar Chaudhry still Chief Justice.
On April 18th 2007, CJ Iftikhar Chaudhry filed a constitutional petition in SC challenging
Gen Musharraf's move to file a reference against him. PML-Q hold rally outside SC in
favor of Gen Musharraf to counter countrywide rallies and protest. Govt. detained
thousands of activists of political parties in major crackdown to stop them from protest.

Later in a surprise move, Government requested SC to form full-bench for CJ Iftikar‟s

case, whilst CJ requested to dismiss govt. plea.

On May 5th, CJ Iftikhar Chaudhry made a motorcade journey from Islamabad to Lahore.
Govt. was unable to stop the massive public support for CJ. These demonstrations shook
the govt. CJ was received by large numbers of people at both ends and in between at
Gujjar Khan, Jhelum, Sarai Alamgir, Gujrat and Wazirabad.

CJ in his address to Lahore Bar said, “States cannot survive under dictatorship”. Gen
Musharraf‟s govt. in total disarray and a nervous breakdown, it switched of 3 TV
channels. PM Shaukat Aziz hinted at imposition of emergency.

SC continued it quest for missing people

On March 22nd 2007, Justice Rana Bhagwandas got appointed Acting CJ of Pakistan.
ACJ said. “The judiciary would not disappoint the nation.” And they kept their promise.
Even during the suspension of CJ Chaudhry, SC continued its quest
for „missing people‟ headed by Justice Javed Iqbal. Ironically, other
members of bench included Justice Abdul Hameed Dogar and
Justice Mian Shakirullah Jan.

Supreme Court observed that premier agencies are answerable to

Supreme Court. We have to determine who detained these missing
persons, and under which authority," "Responsibility will be fixed and every responsible
person will be called in the court to honor all constitutional rights guaranteed to the
citizens," Justice Iqbal observed.

Gen Musharraf continued his steam of lies about „missing people‟. “None of the missing
persons was in the custody of any of the security agencies” he said. “It‟s not only
incorrect, the allegation has absolutely no basis” Gen Musharraf categorically stated.

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It is an important to note that a top official of the blessed country, the COAS, the
President of Pakistan and Head of State, the Chief Marshall Administrator, the solo-Law
maker and the most powerful person in Pakistan, blatantly lies without any shame, and he
repeat it.

SC was told by Deputy AG Raja Arshad that the Interior Ministry was not cooperating
with him in the missing person‟s case. Raja Arshad was later transferred out by govt for
his bluntness. On April 21st, SC summons top officials over disappearances including
secretaries of the defense and interior ministries and the head of the government‟s Crisis
Management Cell. DAG Chaudhry Afrasiab who replaced Raja Arshad also resigned
shortly after.

On May 5th, the bench also ordered the government to submit affidavits suggesting who
had picked up the recently released 56 of the 136 missing people. The affidavits should
state where the people during their captivity had been kept, whether they had been
produced in any court, what the charges against them were and why they were freed.

On May 25th 2007, The SC was told that 98 missing people out of 254 had been traced
and a majority of them had reached their homes by National Crisis Management Cell
Deputy Director Col Javed Iqbal

Quotes from CJ Ifhtikar Chaudhry

 "It is impermissible for an organ to exceed its prescribed limits for that would
constitute interference in the domain of another," – 29-mar-07 Rawalpindi

 „„Abuse of power often happens in a society, where there is

centralization of all powers in one person or one institution,”
“Power corrupts. Absolute power corrupts absolutely…” – 15-
apr-07 Sukkar

 “Autonomy and independence of institutions‟ was essential to

their development” – 22-apr-07 Peshawer

 “The nations and states based on dictatorship, instead of supremacy of constitution,

rule of law and protection of basic human rights are destroyed. There is no more
concept of dictatorship. These all are bitter lessons of history, and the nations which

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do not learn from history and repeat mistakes have to pay the price” – 6-may-07
Lahore

Sudden rise of Red Mosque issue

While the country wide protest and rallies relentlessly was pushing Gen Musharraf‟s
regime, a new activity in Islamabad suddenly started to brew and
took rapid rise. This mysterious rise of Lal Majid‟s activities
raised many eye brows, especially its timing.

On March 28th 2007 hundreds of men and women activists from

the local madressahs took hostage three women from a house
near their stronghold of Lal Masjid for allegedly running a
brothel. Women were later released and they denied running
brothel.

The tempo of Lal Masjid activities and government stand offs took sharp rise as
seminaries plan „Islamic revolution‟. They established a Qazi court inside the Lal masjid.

On April 9th 2007, Chaudhry Shujaat met the mosque administration and both sides
agreed to resolve issues peacefully. JUI‟s Fazlur Rehman blamed agencies, “entire show
of the Hafsa Madressah was enacted by secret agencies as part of a conspiracy to defame
seminaries in the country”. Religious Minister Ijaz-ul-Haq (son of Ziaul Haq) said that
“issue would be resolved peacefully and through dialogue within a few days”.

MQM launched a massive rally in Karachi against Lal Masjid activities and called Lal
Masjid “ulema-e-sou”.

Government accepted Lal Masjid demand, and provided land for two of the seven
mosques demolished by the Islamabad administration, and promise to provide Land for
the other five demolished mosques in the next couple of days. Earliar Lal Masjid
supporters occupied a children‟s library in protest to city‟s demolition of these mosques.
On April 22nd, Chaudhry Shujaat announced most issues were settled. However, Ghazi
Rasheed iterated demand of rebuilding of the razed mosques and said govt. not serious in
rebuilding them. On April 24th, Chaudhry Shujaat announced that all issues are now
settled, he added “No Muslim rejects the enforcement of the Islamic system in the
country.”

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SC throws out ‘scandalous’ report on CJ

On July 2nd 2007, visibly disturbed and angry Supreme Court bench severely criticized
government lawyers and suspended the license of the state-appointed advocate-on-record
after finding some highly „scandalous‟ material both against the chief justice as well as
judges in the presidential reference placed before the apex court by the federation‟s
counsel.

In an unprecedented day in Pakistan‟s history, the court

 suspended advocate-on-record Chaudhry Akhtar Ali from practicing

 banned the unauthorized access to intelligence operatives inside superior courts‟

offices, and also instructed the director-general of the Intelligence Bureau to sweep
the Supreme Court and residences of all judges for bugging devices

Justice Ramday remaked, “What message you will convey to the world about the
president, about the head of state, because you maligned him, you have done all this in
his name, (and) he may not be knowing what you are filing.”

Court stated, “However, after going through the documents filed with the material (Civil
Miscellaneous Application 2073 of 2007) in question, we now feel compelled as having
been left with no option but to command that no un-authorized person, including the
officials of intelligence agencies of whichever department of the state, shall enter the
office of this court or of the high courts in the country; that no one shall seek access to
any record of this court, including the high courts, nor shall any official of the said courts,
if so requested, supply any document or information or even show or make available any
document or record of any court of law to such officials or un-authorized persons”

This was the sorry state of the corruptions and interference of Agencies in the Judiciary.
They have not even left the Hon Judges from their „illegal‟ monitoring.

The angry judges said, “Now we know your intention,” “You want to scandalise and
malign the court and the judges.” “We will deal with it and will not let it go unnoticed or
unpunished,”

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Hell broke loose, Lal Masjid seige

Following the preceding of Supreme Court and clear indication of Gen Musharraf losing
his case in the court, government badly needed to divert the
attention away from court proceedings.

In a total nervous breakdown of Gen Musharraf‟s regime, they

moved in to Lal Masjid and hell broke loose there. The timing
of whole Lad Masjid operations will remain in question in
history. It was executed precisely to move public attention from
Supreme Court.

On July 3rd 2007, Paramilitary Rangers and riot police fought a daylong running gun
battle with armed students at Lal Masjid which resulted in major clash, leaving at least 10
people dead and more than 150 injured.

The government criticized the Madressah and mosque management and held them
directly responsible for the deaths and destruction.

What happened after this day is well documented history. Army was called in to siege the
Lal Masjid compound. Maulana Abdul Aziz was arrested as he tried to leave; he was
forced to give interview in „burqa‟ for a media channel. The siege continued for days as
Ulema with Aziz and Ch Shujaat tried to make a peaceful end. However, it was over
ruled by Gen Musharraf who keen to do blood bath.

On July 9th 2007, Supreme Court issued an order and questioned the validity of action
against militants holed up in the Lal Masjid-Jamia Hafsa complex and ordered Attorney
General Makhdoom Ali Khan to seek instructions from the government, suggesting
measures for an amicable solution to the standoff. “The killing of innocent citizens
squarely falls within the ambit of qatl-i-amd (intentional killing), therefore those
responsible for the sad incident should face legal consequences,” it said.

However, matter was not created to resolve it peaceful. On July 10th 2007, Abdul Rashid
Ghazi was killed by bliz of army commando. The operation continued further for few
days until all were killed.

US supported the operations, no brainer there. Benazir Bhutto also backed the
government for this operation, while Altaf Hussain praises the army for successful

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operation. Gen Musharraf received pad from President Bush, “I like him and I appreciate
him.” President Hamid Karzai also supported the operations. Gen Musharraf addressed
the nation and justified the kill.

The operations helped Gen Musharraf to win and regain support from International
Players for his enthusiastic work on so-called „war on terror‟. Although it did not
diminish the Supreme Court preceding and his lost case there, but it did drastically helped
Musharraf in coming out of CJ Iftikhar Chaudhry‟s mishap and regaining international
popularity with US and allies.

On the other end, internally it not only damaged Gen Musharraf but it created a stir in
public relationship between Armed Forces and Pakistan. Gen Musharraf‟s popularity
took a deep dive and lot of his followers and supporter were in shock and awe.

After this incident, Gen Musharraf never gained his ground on political scene. The
pressure from people mounted on him, which gave boost to political opponents like
Benazir Bhutto and Nawaz Sharif, both of them managed to come back into country and
main stream politics within few months of this incident.

SC and CJ protest continues…

On July 12th 2007, Supreme Court stops the process of PSO privatization, “No further
process in the privatization of the PSO will take place,” the order said.

Same day, government council gave up scandalous material from CJ case. They
requested to withdraw the material submitted along with the presidential reference
against the chief justice, after the bench found some of its parts „scandalous and
vexatious‟.

On July 14th 2007, CJ arrived in Lahore with another motorcade rally. A heavy welcome
was accorded to him. In his address re topic of “Constitution and Democratic Origin of
Pakistan” he stated, “If the 1973 Constitution is not restored, status quo will continue in
the country,” “the restoration of democracy and the Constitution is all the more
necessary. No institution should interfere in professional affairs of any other institution”

On July 16th 2007, government withdrew the charge of judicial misconduct against Chief
Justice. This reduced the voluminous reference with annexure to just allegations that the

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CJ abused his office for securing a government job for his son and privileges/protocol for
him.

Same day, The Supreme Court also asked the government to provide details of
allegations against 165 accused detained during the Lal Masjid operation and to hand
over the bodies of relatives of Maulana Rashid Ghazi to their families for proper burial.

Government also admitted that Lal Masjid operation has created tense environment and
spur disharmony in the country. “We have no solid evidence, but we believe that these
incidents in various parts of the country, including the federal capital, are a reaction to the
operation against Lal Masjid,” said interior ministry‟s Brig Javed Iqbal Cheema.

SC noticing foul play, rebuked Police department after SC found that the record
submitted by police for Lal Masjid related 134 detaining had anti-dated and allegedly
forged evidence, showed that all had criminal history. “These loose papers in the record
prove your act of forgery in the official record,” Justice Faqir Khokhar observed.

Later Gen Musharraf will quote these kinds of incidents as SC insulting officers. If the
officers are forging evidences, should they be commended?

Protests in support of CJ and Public meetings

 29-mar-07, Lahore High Court bar, Rawalpindi branch

 4-apr-07, Lawyers, opposition workers hold rallies

 14-apr-07, Protest rallies in Islamabad

 15-apr-07, CJ IC addresses Sindh HC Bar and Sukkar Bar, Sukkar

 16-apr-07, CJ reception at High Court Bar and Hyderabad District Bar

 19-apr-07, Countrywide protests

 22-apr-07, CJ addresses Peshawer High Court Bar

 5-may-07, Massive show of support for CJ – Motorcade from Islamabad to Lahore by

road journey

 14-jul-07, Motorcade, rally Lahore

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Media threatened
The second throne in Gen Musharraf‟s eyes was the free media and its private news
channel. In the beginning the free media and news channel did wealth to good to
Musharraf‟s cause, hence, he enjoyed it. However, ever since the tied was turned and
news and printed media started to question his obnoxious decision making, he became
irritated. Gen Musharraf and his colleagues continued to threat media and used various
tactics to pressurize them.

On April 22nd, The Pakistan Electronic Media Regulatory Authority (PEMRA) issued
notice and threatened to close Aaj TV for airing news and talk shows on judicial crisis
and threatened.

Human right watch urged Gen Musharraf to end media threats.

On May 5th, Geo, ARY and Aaj, 3 television news channels went off the air depriving
viewers the live coverage of the caravan of CJ Iftikhar Chaudhry‟s proceeding to Lahore
from Islamabad. Human Rights Commission of Pakistan (HRCP) has expressed concern
at the „forced closure‟.

Supreme Court restore CJ

On July 20th 2007, the Supreme Court struck down the presidential reference against CJ
Justice Iftikhar Chaudhry and restored him to the seat of Pakistan‟s top adjudicator (3:10
in favor). The bench ruled, in no uncertain terms, that the orders to suspend the chief
justice, or to even send him on forced leave, and the appointment of an acting chief
justice in the present situation were illegal.

It was the first time in the country‟s history that the Supreme Court has ruled against a
sitting military ruler.

CJ Iftikhar Chaudhry assumed the charge of Chief Justice of Pakistan at 4.30pm on

Friday July 20th 2007, about half an hour after the Supreme Court larger bench reinstated
him. (CNN, BBC)

Short order of Supreme Court:

 http://www.supremecourt.gov.pk//sub_links/pr-
1/Chief%20Justice%20Press%20Release.htm

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ORDER OF COURT
By majority of 10 to 3 (Faqir Muhammad Khokhar, J., M. Javed Buttar, J. and Saiyed Saeed Ashhad, J. dissenting),
this Constitution Original Petition No.21 of 2007 filed by Mr. Justice Iftikhar Muhammad Chaudhry, the Chief
Justice of Pakistan, is allowed as a result whereof the above-mentioned direction (the Reference) of the
President dated March 9, 2007 is set aside. As a further consequence thereof, the petitioner CJP shall be
deemed to be holding the said office and shall always be deemed to have been so holding the same.
The other connected petitions shall be listed before the appropriate Benches, in due course, for their disposal in
accordance with law.

CJ Activities after restoration

Ruling in RD mosque case

Govt finds ‘Missing People’

On May 25th 2007, The SC was told that 98 missing people out of 254 had been traced
and a majority of them had reached their homes by National Crisis Management Cell
Deputy Director Col Javed Iqbal Lodhi.

On August 20th 2007, The Supreme Court on Monday sent a clear signal to the country‟s
powerful intelligence agencies by telling IG Tariq Pervez of FIA to produce a man he had
arrested and handed over to the Military Intelligence, or else go to jail. “What‟s
happening in this country is unfortunate,” Justice Fayyaz said, adding: “They have made
mockery of the law. We are at a loss to understand what our intelligence agencies are
doing. Where are the Constitution and the constitutional guarantees?”. Chief Justice
added, “We are not asking for immediate release of the disappeared, but want legal
proceedings according to the law by regularizing the arrest of people who had later gone
missing,”

This ultimatum worked, govt. released two men. Aleem Nasir, (a German national of
Pakistani origin, had been picked up on July 18, 2007) told the court after his release,
“that during his captivity he had seen different inmates being beaten up everyday”.

Gen Musharraf, while declaring Marshall Law on Nov 3rd entered this in his charge sheet
stating that judiciary is not allowing executive to work. One must ask Gen Musharraf that
under which law he is kidnapping people of Pakistan? He claimed officers were brought

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to court and insulted. One must ask, if the officer is going to commit a crime, should he
not be brought to court? Which law allows this kind of kidnapping and torture?

Importantly, Gen Musharraf shows all „kindness‟ and „respect‟ to kidnapping officer,
however, in last 9 years we did not hear a single word from Gen Musharraf of showing
any word of „kindness‟ and „respect‟ to the people of Pakistan (to whom he is servant of )
and the families that suffered at the hand of these agencies. He has no sympathy towards
civilians and citizens.

On Sep 6th 2007, three „missing people‟ returned home after being allegedly kept in
illegal detention by an intelligence agency for more than nine months.

If you recall Gen Musharraf categorically stated, “None of the missing persons was in the
custody of any of the security agencies.” “It‟s not only incorrect, the allegation has
absolutely no basis.” “I am deadly sure that the missing persons are in the control of
militant organizations”.

How can anyone believe this man? He maintains no credibility.

On Oct 11th 2007, SC asked the govt. to regularize custody of missing people. “We are
deliberately exercising restraint due to the national interest and, therefore, openly asking
the government to regularize the custody of the missing persons.”

The AG told the court that 37 more people had been traced, taking the number of traced
people to 181 out of a total of 416 missing. The number of untraced people is 235.

However, instead Gen Musharraf continued his illegal law-making and issued a new
Executive order to amend the Army Act of 1952 to give wide-ranging powers to the
Army to court-martial civilians. Under the amended act, the Army can now try civilians
on charges ranging from treason, sedition and attack on army personnel to “assaulting the
president with intent to compel or restrain the exercise of any lawful power” and “giving
statements conducive to public mischief”.

The black law was signed with following statement:

“In exercise of the powers conferred by clause (1) of Article 89 of the Constitution read
with proclamation of emergency of the of third day of November 2007 and the
Provisional Constitution Order (PCO) No 1 of 2007, the president is pleased to make and
promulgate the ordinance,”

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People of Pakistan are asking yet again. “Who gave Gen Musharraf this right to
promulgate this law?” And how can he be „pleased‟ to announce such a terrible order.
Is he the president of people to server them, or to torture them?

Gen Musharraf accused other of establishing government inside government, however, he

himself continued to establish his own government inside Pakistan, without having any
regards to the Constitution of Pakistan and human rights of people of Pakistan.

HRDC condemned the amendments made to the Army Act and said “This has allowed
the government to legitimize all illegal acts of disappearances carried out by intelligence
agencies with impunity”.

Karachi Riots

Gen Musharraf impose Marshall Law to sack CJ and all other judges
On November 3rd 2007, Gen Musharraf imposed Marshall Law for the sole purpose of
subjugating the Supreme Court and the Judges.

Justice Iftikhar reacted promptly, convening a seven-member bench which issued at

interim order against this action. He also ordered the armed forces of Pakistan not to obey
any illegal orders.

“We feel that the government has no ground or reason to take extra-constitutional steps,
particularly for the reasons being published in newspapers that a high-profile case is
pending and is not likely to be decided in favor of the government, although the matter is
still pending,” the order said.

Later 111th brigade of the Pakistan army entered the supreme court building and
removed Chaudhry and several other honorable judges from the Supreme Court.

This was an utter shameful and disgraceful activity, a contempt of court, insult to the
people and constitution of Pakistan.

Worldwide Tribute to CJ Iftikhar Chaudhry

On November 14, 2007, the Harvard Law School Association decided to award its
highest honor, the Medal of Freedom to Justice Iftikhar Chaudhry, following the military

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crackdown the previous week. He becomes the first Pakistani to be presented with such
honor.

“As lawyers who value freedom and the rule of law, we at

Harvard Law School want Chief Justice Chaudhry and all of
the courageous lawyers in Pakistan to know that we stand with
them in solidarity,” “We are proud to be their colleagues in the
cause of justice, and we will do all we can to press for the
prompt restoration of constitutionalism and legality in
Pakistan.” Dean Elena Kagan said.

On Nov 15th 2007, Hundreds of American lawyers marched

outside the US Supreme Court and Congress, condemning the Bush administration for
supporting a military regime in Pakistan. “Gen Musharraf‟s actions are an open assault on
courts and an open assault on the rule of law,” said former US Attorney John McKay.
Akram Shaikh, former president of SC Bar Association, warned the rally that Gen
Musharraf would like the situation to deteriorate “so that
he can hand over power to another general.” “I would
request President Bush to kindly withdraw his
recognition,”

Hundreds of lawyers rallied in front of state Supreme

Court in Manhattan to show support for lawyers and
judges in Pakistan battling for the restoration of the rule Hundreds lawyers and bar member rallied
in support of CJ Iftikhar Chaudhry in
of law. Barry Kamins, president of the New York City
front of Court in Manhattan
Bar Association, said the rally was called "to embolden"
the Pakistani lawyers and judges who have been "physically manning barricades and
trying to face down an entire army." Kathryn Madigan, president of the New York State
Bar Association, called for lawyers to speak "with one voice in defense of the rule of
law" in Pakistan. And Catherine Christian, president of the New York County Lawyers'
Association, said Pakistani lawyers "are showing the world what it means to be a lawyer -
fighting for liberty and an independent legal system."

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Gen Musharraf attacks Media

Attack on Geo TV
There was famous incident of Geo Tv head office in Islamabad being attacked by
Agencies and policexxxviii. This attack occurred after Gen Musharraf‟s allied political
parties were taped in Karachi conducting terrorist activities. These footages were sent life
on News TV by various private TV channels, and exposed Gen Musharraf and his allies.
Also, this was General‟s revenge for media coverage of Chief Justice Ifhtikar Chaudhry.

Watch video to Geo Tv under attack by Agencies and Police,

March 16, 07:

 http://www.youtube.com/watch?v=EmlPCkmIeg8

 http://www.youtube.com/watch?v=qYX43SS_nWY

According to Hamid Mir, Chief of Geo‟s Islamabad Bureau,

three to four policemen, including an inspector, came to the
office and asked him to remove the cameras installed on the
rooftop. Mr Mir asked the police personnel to show any
written order in this regard. He said that instead of showing
him any written directives, they ordered his men to carry out the operation and a group of
policemen entered the building, pushing him aside.

The entire video of Police and Agencies destruction was recorded and played back to
local and international media. This incident jolted the Agencies, and they realized first
time that they can no longer go on the rampage without being recorded.

However, in a face saving move, the Gen Musharraf made a rare apology and suspended
low level police staff, and like always the planners enjoyed immunityxxxix. Fortunately,
for judges they were not the one announcing this punishment, otherwise, the General will
blame them for insulting administration!

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Dealings with Political Opponents

Return of Benazir Bhutto and ‘Deal’

Gen Musharraf in his interviews, repeatedly proclaimed that Benazir Bhutto will not be
allowed to return; neither she will have any place in Pakistan‟s premiership.

In one of the interviews, he was asked, “If she does come back, which she has been
threatening to do, my understanding is that she will be arrested because of the
outstanding corruption cases against her. Is that correct?”

Gen Musharraf replied, “Legal action will be taken against her, certainly, absolutely. She
is accountable to this nation for all her misdeeds in her two tenures. She better answer
them and certainly legal action will be taken.”xl

Musharraf’s love of MQM

Gen Musharraf‟s opinion of MQM and Altaf Hussain is not secret. He was once asked, “
There is one other Pakistani politician in the UK at the moment, Altaf Hussain, who has
just been given a British passport while he is facing several criminal cases in this country.
What was your reaction when you heard the news?”

The General replied, “I certainly wouldn't say that I am too happy about it, because
Britain must understand that such political asylums being given to people who maybe
have worked against or are working against the interest of Pakistan should be given more
serious thought before taking such action.” When asked if he will allow him to return,
Gen Musharraf replied, “I haven't given this a thought really. I don't think he has any
place in Pakistani politics.”

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I - Second Marshall Law – November 3rd, 2007

On November 3rd, 2007 Gen Pervez Musharraf imposed Second
November
Marshall Law, overthrowing his own handpicked government. He came
2007
on TV and admitted himself failures of his own government.

By now people of Pakistan have all memorized the famous sentences, “… I proclaim
Constitution of Pakistan shall remain in a abeyance and this Proclamation shall come
into force at once …”. One wonders that these proclamations are pre-written templates
always ready to be read.

This proclamation was suffixed with standard terms and conditions of being in the
interest of country, best course of action etc, with addition of excuse of extremism, the
judiciary activism, law and order. Since there is no way out (in his mind), Constitution is
send to abeyance in the best interest of country! – yet once again.

The fundamental rights suspended by the PCO related to security of persons (article 9)
safeguard as to arrest and detention (article 10), freedom of movement (article 15),
freedom of assembly, (article 16) freedom of association (article 17), freedom of speech
(article 19), and equality of citizens (article 25).

It said the Supreme Court or a high court or any other court “shall not have the power to
make any order against the president or the prime minister or any persons exercising
powers or jurisdiction under their authority”.

63

Somebody wrote: “The proclamation suspended
Pakistan's constitution, as Musharraf declared an
"emergency rule" which grants him absolute
power. How is "emergency rule" not martial
law? Martial law is rank oppression of a people
carried out by blind followers in army uniforms;
"emergency rule" is that same oppression carried
out by blind followers in police uniforms and
three-piece suits. It is only a difference of
uniforms--the oppression is the same. Note that
Musharraf first proclaims that his nation is in
great danger. He then presumes--without debate-
-that his views alone are the only legitimate
views of government, society and freedom.
Finally he insists--again, without debate--that
anyone who disagrees with his personal views is
a de facto enemy of the state, and of the people.
Yet his first actions under this absolute power
tell us everything. A day after the proclamation,
Emperor Musharraf did arrest hundreds--but
rather than immediately putting behind bars
scores of known Islamist militants, his forces
arrested hundreds of opposition members and
civil rights activists whose only sin was to
disagree with him in public. Tyrants always
insist that their tyranny is for the good of the
nation. But every tyrant is proven by their
actions--not by what they pretend to do”xli.
Gen Musharraf justified his act to west by
stating “Please don‟t demand your level of
democracy as we are trying to learn. Give us
time. We are trying to learn about civil liberties
and other such issues,” he said. “Please bear
with me and understand our problems,” he told
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V0.8
nd
Musharraf’s Proclamation of 2 Marshall
Law:
… continued
WHEREAS the Government is committed
to the independence of the judiciary and
the rule of law and holds the superior
judiciary in high esteem, it is nonetheless
of paramount importance that the
Honourable Judges confine the scope of
their activity to the judicial function and
not assume charge of administration;
WHEREAS an important Constitutional
institution, the Supreme Judicial Council,
has been made entirely irrelevant and non
est by a recent order and judges have,
thus, made themselves immune from
inquiry into their conduct and put
themselves beyond accountability;
WHEREAS the humiliating treatment
meted to government officials by some
members of the judiciary on a routine
basis during court proceedings has
demoralized the civil bureaucracy and
senior government functionaries, to avoid
being harassed, prefer inaction;
WHEREAS the law and order situation in
the country as well as the economy have
been adversely affected and trichotomy of
powers eroded;
WHEREAS a situation has thus arisen
where the Government of the country
cannot be carried on in accordance with
the Constitution and as the Constitution
provides no solution for this situation,
there is no way out except through
emergent and extraordinary measures;
AND WHEREAS the situation has been
reviewed in meetings with the Prime
Minister, Governors of all four Provinces,
and with Chairman Joint Chiefs of Staff
Committee, Chiefs of the Armed Forces,
Vice-Chief of Staff and Corps Commanders
of the Pakistan ;
NOW, THEREFORE, in pursuance of the
deliberations and decisions of the said
meetings, I General Pervez Musharraf,
Chief of the Staff, proclaim Emergency
throughout Pakistan.
I hereby order and proclaim that the
Constitution of the Islamic Republic of
Pakistan shall remain in abeyance.
This Proclamation shall come into force at
once.
 V0.8

the West. He justified his action by quoting US President Abraham Lincoln who,
according Gen Musharraf, broke laws and usurped the rights of the people to preserve the
Constitutionxlii.

It was apparent that after his second coming Gen Musharraf was speaking more to west
than his own countryman. His own countrymen doesn‟t matter much, they go under the
first principle of “General First” (see below). Unfortunately, the only person trying to still
learn it is the General, rest of people seems to know what it means.

Gen Musharraf became the only dictator in history to declare Marshall Law in the
country twice, and perhaps the only one to overthrow his own government to put
Marshall Law. It sounds very funny when we think of it. But this is not the only funny
thing. Few days later he gives power the President (which is himself) to undo Emergency,
if he feels like.

“On November 14th, 2007 General Musharraf who as Chief of Army Staff promulgated
the state of emergency and Provisional Constitution Order on November 3 has transferred
the power of lifting the emergency to the Office of President. The order comes into force
at once and will be deemed to have taken effect on Nov 3, 2007”xliii.

For most people, Musharraf transferred power to lift emergency from his left hand to his
right hand, like a juggler in circus, as he remains the solo power in the country. He is
COAS, He is the President, He proclaims self-created laws with PCOs, and He himself is
(virtually) the Chief justice, and Prime Minister is His slave.

We ask Gen Musharraf, are we a nation of jokers? Has he completely lost his mind?
Perhaps, we do not need to ask him – perhaps, we are needed to tell him.

J - Post Marshall Law Activities

TEN (Iterative) COMMANDMENTS of our history

I wrote these ten commandment on 3-nov-07 when Gen Musharraf announced the
Marshall Law. He is following the script now, one by one. Either people of Pakistan are
too smart to read script or perhaps the „Drama‟ has been played over and over so many
times (‫ )نشر مكرر‬that no event is unpredictable anymore.

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From here onward, Gen Musharraf is like a musical record. He will playback all he did
earliar in an iterative cycle. By now, in last 60 years, we have all memorized the format
of proceedings. Here is summary of it in 10 Simple Steps:

1 Command the Marshall Law: Devise an excuse to proclaim Marshall Law. This
time the excuse was terrorist activities and judicial activism.

Supress all rights - Constitution in Abeyance – Army in absolute command. That is to

commit a crime, first suspend the Law and Human Rights. Hence, pave the way for state
sponsered terrorism, harrasment and torture.

2 Command Media and Press shutdown: Take over media and press, and any
voice that can be heard. Crime is only when its reported. Since, no one can reports
it, government can always come up with another story.

Very important don‟t forget - PTV to play national songs in black and white. Lul people
with nationalist feeling and glory of past. Brain wash people that press and media was
creating sensationalism and unnecessary giving air to civil unrest. Turn on music and
movies on TV, remove all the news. Turn the nation into couch potatos. This is
equvivalent of giving conanine, and putting people to sleep.

National Address # 1– “I am declaring ML as last resort to save our country…”.

3 Tell people “I am your saviour” and I will save the country from a self-proclaimed
danger to country.

4 Command Total Submission: Consolidate all power into single position Typical
justification given underDoctrine of Unity of Command, that country can not bear
democracy and difference of oppion. The power must be given to Army for Command
and Control to ensure Counrty‟s safety. In essense, it is really General‟s safety.

Lock up all opposition, no one is allowed on street, no one is allowed to speak the truth.
Most importantly, those who are most vocal.

5 Command compliance from Judiciary: Overthrow Supreme Court and retake

Oath of allegiance from new judges. Every Marshall Law see off certain number of
senior judges. Govt backfills them with lessser experienced, (app ka tabedaar) obedient
judges. Obedience and allegiance is very important to get through next step.

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6 Command Certification and Indemnity: Get certified from new Supreme Court.
The puppet judges, some coerced and blackmailed, are ordered to certify the
Marshall Law under Doctrine of State necessity. They will provide full indemnity of all
crimes committed under Marshall Law and endorse military rule..

In military term, this state is called gaining high ground for favorable negotiation. This is
for all you civilians to understand. The Gen is now out to kill you or lock you or
shutdown your tv. He is only trying to gain high ground for negotiation.

Command Executive ‘above-the-law’ Power: Now, get initial term to be

7 Executive (Chief of some sort, Chief Executive, The President, Chief Marshall
Admin – whatever goes)

National Address #2 – “I am doing it to bring democracy, law and justice,

8 accountability…”, “We had to take action to save the country, we had no choice”

9 Command yet another new democracy: Now firmly in control, start the musical
chairs:- controlled elections, no public demonstrations, conservative selected
gatherings, rigged election, hand picked government, horse trading, black mailing

10 Play this for 3 or 5 years, frame new charges, make new excuses, then we start
from step 1

Btw, we intentionally missed one important aspect – the olive branch for USA to keep
them off the back. There is always one available in last sixty years, ready to be offered.
These days olives starts with T and it has variety and kinds of olives (black, green,
stuffed olive, olive with carret in it).

Gen Musharraf also introduced Doctine of Silent Majority, which is a new addition to the
formula sheet. These so-called slient people, who have never spoken in their lifetime, are
always with him – very vocally. Perhaps, Gen Musharaf should take a trip arround the
country. Most common citizen, the so called silent majority, are not with him.

Gen Musharraf claim he never broke a Law!

Gen Musharraf claimed on BBC that he has never broken the Constitution – never – well
may be on Nov 3rd (‟07), but never before!

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"Have I done anything constitutionally illegal? Yes, I did it on 3 November," he said,

referring to his imposition of emergency rule. "But did I do it before? Not once."xliv

At least Gen Musharraf admitted he violated it once. Would he accept that he violated it
on October 12th 1999? Was that not a violation of constitution? What about all the
interferences in governance, subjugation of Law and civic society, judges, lawyers, press
and media? What about all LFOs, PCOs, 17th Amendment? Were they all legal?

Once Gen Musharraf‟s oppressive era is over, his words will be framed in history as a
liar‟s claim that he always spoke truth, as a criminal‟s claim that he is righteous, as a
dictator‟s claim that he is democracy lover. Every action Gen Musharraf committed post
October 12th 1999 is by definition “Illegal”, it has no Constitutional backing.

As we had stated earlier, Gen Musharraf is compulsive liar. A person who declared
Marshall Law twice, broke away from his military oath and assert himself as ruler and
send constitution in abeyance, the one he took oath to protect, publically lied many times
by making promise on live TV broadcast and in written statements, kidnapped thousands
of people without legal order, ordered extra judicial killings, destroyed the judiciary,
shutdown the press and media, locked up thousands of people in the jail, harassed and
tortured thousands claims he has done nothing against constitution?!! – Shame on him.

Besides, Gen Musharraf has revenge mindset. It became apparent after his first Marshall
Law, and became apparent after his second Marshall Law. Anyone who objected to his
tyranny is locked up in jail and tortured. The Judges, the lawyers, the press, the media,
the opponent political parties, their workers, even the wives and sisters of his opponents
were not left out. No one survived his vendetta. A person who tried to teach tolerance and
moderation – well now we learned with experience – that he never himself practiced it.

Well, there is famous saying General, “don‟t preach what you don‟t practice yourself”.

There is also a “general” principle that a person with no principle contradicts himself all
the time. That‟s Gen Musharraf for you. He makes one story and repeal from it, and then
he makes another one and repeal, and he doesn‟t get tired of repeating it.

Command 2 –Media and Press Shutdown

After announcing the emergency, government immediately shutdown all the TV news
channels and also issued threats to press and news papers.

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On Nov 3rd 2007, Gen Musharraf issued yet another illegal executive order to amend the
Press, Newspapers, News Agencies and Books Registration Ordinance, 2002, and the
Pakistan Electronic Media Regulatory Authority, 2002, the print and electronic media
have been barred from printing and broadcasting “anything which defames or brings into
ridicule the head of state, or members of the armed forces, or executive, legislative or
judicial organ of the state. Non-compliance of the new curbs is subject to discontinuation
of newspaper publication for up to 30 days, and in case of television channels up to three
years of jail and Rs10 million fine or both will be imposed on the broadcast media
licensee or its representative and their equipment and premises will be forfeited”.

The restrictions were announced hours after several leading national and foreign news
channels had been taken off air by cable operators.

Geo News, ARYone, and Jang News paper received

special attention of Gen Musharraf‟s love for
freedom of media and press.

They remained off air for some time after getting a

warning from the government's media regularity
authority for showing pictures of police baton-
charge on protesting lawyers in Lahore against the suspension of Chief Justice Iftikhar
Mohammad Chaudhry.

All Pakistan Newspapers Society and the Council of Pakistan Newspaper Editors
described the shutdown of the Geo and ARY groups‟ news channels as a serious blow to
any hopes for an improvement in the situation” evolving in the wake of curbs on freedom
of expression and freedom of the press.

Command 3 – National Address # 1 “saving the country”

First “General” Principle – Pakistan First!

Gen Musharraf defended his Marshall Law stating that it‟s essential for country‟s
survival. He stated: "Without referring to the emergency rule, the president said it was
essential for the survival of the country as democracy and Constitution come after the
country's integrity”xlv.

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We can read this statement by replacing the word country with “General”. That‟s how it
has been going in our country for last 60 years. General comes first. The Rights of
citizen, civil society, the Law and the Constitution has always been a secondary item, the
General always comes first! The General must be protected even if the entire country is
sent to abeyance. The General is our lord and we must guard him with our lives.

In fact, we can credit to Gen Musharraf for honesty on this account. He has always stated
“General First” is his First Principle (replace Pakistan with “general” in “Pakistan first”).

Command 4 –Total Submission

Lockup all the opponents

Police and other law-enforcement personnel launched a crackdown across the country
right after the Marshall Law was imposed, apparently fearing a large-scale protest
campaign and backlash from publicxlvi.

Opposition politicians, prominent lawyers and rights activists

were detained in large numbers in several cities and towns of the
country.

Leaders of all opposition parties where arrested. Prominent

among those detained included PML-N acting president Javed
Hashmi, ANP chief Asfandyar Wali Khan, former ISI director-
Cops manhandled women
general Gen (retd) Hameed Gul, Terek-i-Insaf chief and former
during protests. Why blame
Taliban when Musharraf‟s man cricketer Imran Khan, rights activists I.A. Rehman and Iqbal
are no less!
Haider. The crackdown was so intense that they left no leader
outside; all were locked in jail or house arrested. Most houses
leadership of the country was turned in sub-jails.

Aitzaz Ahsan, the president of the Supreme Court Bar Association (SCBA), former
president of SCBA Munir A. Malik, Justice (retd) Tariq Mahmood, Lawyer Ali Kurd,
and you name it, all those judges and lawyers that rallied against his meddling in
judiciary, they were arrested and locked.

Watch video of opposition leader Imran Khan‟s sister beaten like hell by police:

 http://www.youtube.com/watch?v=a6WMz0gABwQ&feature=related

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 http://www.youtube.com/watch?v=S3_8yRGtwaU

The director of the Human Rights Commission I.A. Rahman criticised the abridgement of
the judiciary‟s powers and the high-handedness
against lawyers: “It is not good to curtail the powers of
the judiciary and thrash the lawyers for raising voice
for supremacy of judiciary and the rule of law.”

“Without showing any detention orders and telling us

about the reason of the arrest, we were kept at Model
Town police station the whole day. Later we were
Imran Khan was controversially arrested from
shifted to private residences in Gulberg. This was
Punjab University
nothing but illegal detention,” Mr Rahman said. “The
government first violates the law and then finds excuses to justify it.” He addedxlvii.

Government later admitted arresting 5,750 people, including

lawyers, political workers and right activitiesxlviii. Political
parties and right activities reported much higher arrest.

Pakistan Cricket hero and leader of Tehrik-i-Insaf Party

Imran Khan and was arrested and jailed under anti-terrorism
act. However, due worldwide protest, pressure and
condemnation and enormous embarrassment and damaging
public relation, he was later released. This is another example
how Law is abused to subjugate opposition under fake charges. Arresting legendary
cricket hero Imran Khan under anti-terrorism act is absurd and represents the sickness of
General‟s mind.

Brute force against the Lawyers

Police and personnel of law-enforcement agencies on arrested hundreds of lawyers
protesting across the country against the imposition of a state of emergency and removal
of superior court judges. Police used teargas and baton when lawyers tried to break
through a cordon outside the main gate of the Lahore High Court. Dozens of lawyers,
including Justice (retd) Fakharun Nisa Khokar, were injuredxlix.

Lawyers conducted country wide protests in all major cities, and boycotted courts.
Talking to reporters, LHC Bar Association president Sardar Asmatullah and senior

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lawyer Sardar Ishaq Khan said that lawyers were determined to fight against the
unconstitutional step of Gen Musharraf and would continue their struggle for the
independence of the judiciary.

“We have decided that the boycott of the subordinate judiciary would continue for a week
and that of the high court for an indefinite period,” said Abdul Raziq Khan, senior
member of the action committee constituted by lawyers in Peshawar High Court.

In Karachi, lawyers boycotted court proceedings. Police baton-charged group of lawyers

demonstrating at the City Courts.

The Balochistan Bar Association and the BHC Bar Association have decided to continue
boycott of the courts and said that lawyers would not appear before the judges who had
taken the oath under the PCO.

Thousands of lawyers were detained in Karachi, Lahore, Islamabad, Pindi, Hyderabad,

Peshawer, Quetta, Murree, Gujranwala, Sialkot, Daska, Jaranwala and Kasur.

Qazi Muhamamd Anwer, chairman of the Pakistan Bar Council‟s executive committee,
was detained at his home in Hayatabad. Karachi Bar Association president Iftikhar Javed
Qazi was arrested in Karachi.

Senators Hillary Rodham Clinton, Barack Obama and Joseph Biden with 33 US senators
demanded the release of Aitzaz Ahsan, president of the Pakistan Supreme Court Bar
Association.

Command 5 –Compliance from Judiciary

Supreme Court declared PCO void and illegal

In an unprecedented move, seven judges of the Supreme Court overturned the Provisional
Constitutional Order and restrained the Chief of Army Staff, corps commanders, staff
officers and other civil and military officers from acting under the decree.

The judges restrained President Gen Pervez Musharraf and Prime Minister Shaukat Aziz
from taking actions contrary to the independence of the judiciary and asked the judges of
the Supreme Court and the high courts, including their chief justices, not to take an oath
under the PCO or follow any other extra-constitutional step.

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Headed by Chief Justice Iftikhar Mohammad Chaudhry, the bench that handed down the
unanimous two-page order consisted of Justice Rana Bhagwandas, Justice Javed Iqbal,
Justice Mian Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz and Justice
Ghulam Rabbani.

Anticipating something unusual, the judges remained in the Supreme Court till late
afternoon on a day when the court never assembles. It otherwise would not have been
possible for them to pass the order. “We feel that the government has no ground or reason
to take extra-constitutional steps, particularly for the reasons being published in
newspapers that a high-profile case is pending and is not likely to be decided in favour of
the government, although the matter is still pending,” the order said.

Appointment of the chief justice or judges of the Supreme Court or chief justices of the
high courts under the new PCO would be unlawful and without jurisdiction, it saidl.

Handpicked (aap ki tabedar) Judiciary

When majority of judges refused to accept PCO in
the country, then Musharraf regime announced
It has been prominent feature of
reducing SC judges. Attorney-General Malik
Gen Musharraf solo-rule that every
Mohammad Qayyum has hinted that the number of time he accused and charged a
Supreme Court judges may be reduced to 13, 12 or person in the country of some act of
li wrongdoing, he himself indulged in
even 10 from the existing 19 .
similar or more severe act of same
This comedy continued for days as they plundered kind. Whatever he accused the
the Judiciary. They replaced the Supreme Court other party of some thing; he is
guilty of doing it himself. He is no
judges with handpicked „Aap ka tabedar sir‟ (your
angle.
obediently) attitude. Judges were promoted without
merit and moved up higher in the ranking. The
Judge who pledge most allegiance was rewarded
more, other were forced. It also appeared in the media reports that numbers of judges
were black mailed and coerced into taking oath on illegal PCO.

Gen Musharraf on while declaring his first Marshall Law charged PM Nawaz Sharif in
meddling in the affairs of Armed Forces and destroying the institution of Army. How
does he explain meddling in the affairs of Judiciary and destroying the institution of
Judiciary?

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It has been prominent feature of Gen Musharraf solo-rule that every time he accused and
charged a person in the country of some act, he himself indulged in similar or more
severe act of similar kind. Whatever he accused the other party of some thing; he is guilty
of doing it himself. He is no angle. His continued interference in all civilian institute
ensured a crippled civilian society.

The General‟s attorney first refused to accept Supreme Court‟s ruling against the PCO.
Later, the handpicked judges were forced to cancel the previous Supreme Court ruling.
“The order is set aside and declared void, quorum non judice (without jurisdiction) and
passed without lawful authority,” the court held. The bench comprised Justice
Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice M. Javed Buttar,
Justice Ijazul Hassan, Justice Mohammad Qaim Jan Khan, Justice Mohammad Moosa K.
Leghari and Justice Chaudhry Ijaz Yousaf.lii

These judges joined the ranks of Justice Munir (CJ of Pak, 1954), who was condemned
by all and sundry in history of Pakistan, and who derailed independence of Judiciaryliii.

Majority of Judges refused to take oath under illegal PCO

Majority of the Judges of Supreme Courts and High Courts refused to accepted PCO
order. They were all put to house arrest. Supreme Court judges Hon Justice Iftikhar
Mohammad Chaudhry, Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Mian
Shakirullah Jan, Justice Nasirul Mulk, Justice Raja Fayyaz, Justice Ghulam Rabbani,
Justice Khalilur Rehman Ramday were all put to arrest. Their connection to outside world
was completely cut, and the houses were locked from outside.

Supreme Court Chief Justice Chaudhry had earlier been told by the government that his
services were no longer required and he had been escorted back to his home.

Chief Justice of the Supreme Court Justice Iftikhar Muhammad Chaudhry hit out at Gen
Pervez Musharraf, describing the proclamation of emergency and the Provisional
Constitution Order (PCO) as a flagrant and naked attack on the Constitution, rule of law
and the independence of judiciary. He said: “The acts of proclamation of emergency and
PCO are highly unfounded, unconstitutional, illegal and without lawful authority, There
is no justification for all that has been done in the last couple of days. The treatment
meted out to the Hon‟ble judges of the Supreme Court and High Courts after the
proclamation of emergency is incompatible with all norms of decency, besides being

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unconstitutional. I am virtually arrested and so are my other learned brothers of the

Supreme Court who refused to take oath under PCO”.

The deposed CJ said it was the duty of all citizens of this country and lawyers in
particular to continue their struggle for the supremacy of Constitution, rule of law,
independence of judiciary and real democracy.

“The bad governance forced people to approach the Supreme Court for remedy in those
cases and the Court could not abdicate its jurisdiction or turn a blind eye to such
situations and all Hon‟ble judges of the Supreme Court are determined to do so in the
future (Insha Allah),” he said.

“I on behalf of the judiciary deplore acts of terrorism in all forms and as a matter of fact
the judiciary has always condemned such acts,” the deposed CJ saidliv.

He urged the people of Pakistan to rise up to save the constitution. “The Constitution has
been ripped to shreds. The time has come for sacrifice and for rising up for the
supremacy of the Constitution”. He said he was confident the day would come when the
country would see the supremacy of the Constitution and that there would be no
dictatorship.lv

Defiant judges of the Supreme Court ruled against Gen Musharraf

20-nov-07. Three defiant judges of the Supreme Court, who are under house arrest after
imposition of emergency, declared in their detailed judgment submitted before the SC
that General Musharraf could not be allowed to contest the presidential elections. The
Judgment stated that continuation of Musharraf as the army chief beyond December 31,
2004 was “illegal and unlawful”.

The judges, Justice Rana Bhagwandas, Justice Sardar Mohammad Raza Khan and Mian
Shakirullah Jan, were part of the nine-member bench which had dismissed the petitions
of Qazi Hussain Ahmed and Imran Khan on September 28, 2007

In the judgment spread over 58 pages, the three judges have observed that “we earnestly
feel that this country no longer can afford the luxury of resorting to circumvent the law
and the constitutional mandate by upholding and affirming the draconian doctrine of
necessity restored to earlier. Indeed, the judges of this court are under an oath to uphold,

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preserve and defend the constitution of Pakistan, which must be strictly adhered to in
letter and spirit without any fear or favor, or ill will.

“Any endeavor to continue and affirm the present system of governance, which has
transformed parliamentary system of governance into presidential form of government is
bound to damage the dignity, respect and honor of the citizen of this country in the
comity of the nations and bring a bad name to it, which can hardly be appreciated.

“Independence of judiciary, stability of the democratic system, regular conduct of the

general election process, allowing the institutions to serve freely within the sphere of
their scope and without involvement of the armed would always be in the supreme
interests of the nation”.

They said: “Needless to emphasis, frequent military interventions and destabilization of

elected governments have always given rise to indiscipline, disorder, conflict of interests,
inflation, unemployment, massive corruption, intolerance and extremism in the country
which must be eradicated and eliminated with iron hand and strengthen in accordance
with the law”.

They observed “we earnestly feel, there appears to be enough substance and force in the
submission of the petitioners that Gen Musharraf could not contest elections from the
current assemblies as outgoing assemblies cannot be allowed to bind the successor
assemblies to be elected as a result of popular mandate. Furthermore, members of present
electoral college, who have already expressed their opinion by expressing a vote of
confidence immediately after their assumption of office, may not be in a position to
exercise their right of franchise freely and independently. They would naturally be
influenced and swayed by their earlier decision”.

“Since the term of the office of President as well the present assembly expires
simultaneously on November 15, 2007, it would be in the fitness of the things and in
consonance with the democratic norms and intentions of the framers of the constitution if
the new assemblies and the electoral college are allowed to exercise their right to elect a
president of their choice during the term of electoral college under the constitution.

“An exceptional situation which can be conceived may be where the incumbent
president, before expiration of his term of office, is removed from his office on the
ground of physical or mental incapacity, is impeached on a charge of violating the

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constitution or the gross misconduct; resignation or death when the office of president
falls vacant, the existing electoral college would be constitutionally authorized to elect
another president for the un expired term of office”.

“Indeed, General Musharraf, was fully alive to this situation, therefore while
promulgating LFO 2002, he introduced meaningful amendments in the Chief Executive
order, he introduced meaningful amendments in article 224 of the constitution, providing
for time for election bye election. While the original text provided that a general election
to the national assembly or a provincial assembly shall be held within a period of 60 days
immediately “preceding” the day on which the term of assembly is due to expire, the
expression “preceding” was intentionally substituted by the term “following”.

“This amendment was intentionally and deliberately made with a view to make a room
for a seeking election to the office of the president from the outgoing assemblies in
conformity with clause (4) of article 41 of the constitution stipulating that election to the
office shall be held not earlier than 60 days and not later than 30 days before the
expiration of the term of the president in office. The draftsmanship and ingenuity of those
who suggested the above said amendment in the constitutional provisions can only cause
dismay may be looked upon with sorrow and grief”.

“Since the purpose and object of the amendments never saw the light of the day, it is hard
to appreciate the ground realities providing the forum to present electoral college for
election of the same person to the office president for another term for which new
assemblies have to be elected a as a result of popular vote based upon election
manifestoes of various political parties.”

“It may be further observed that the president being an integral part of the parliament, it
would be quite inconceivable and unusual that the parliament with whom a president has
to work in total cordiality and harmony should not be elected by such parliament.”

“At the cost of repetition, it may be noted that a parliament having outlived its tenure
should not be allowed to bind the successor parliament with its choice as it is well settled
that a parliament may do anything but bind the successor parliament. The present
parliament having outlived its life, in our view, does not have a democratic mandate of
the people to elect the same person as president for another term of five years, which
would militate against the well entrenched principles of democratic value”.

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“For the aforesaid facts, circumstances and reasons these petitions are allowed and
General Pervez Musharraf declared to be disqualified to contest for the presidential
election,” the three judges concludedlvi.

Command 6 –Certification and indemnity

(App ki tabedar) Supreme Court throws out cases against Gen Musharraf
The pre-emergency Supreme Court bench had heard the petitions for two weeks, but
seven judges in the bench were sent home under the PCO after the Marshall Law was
imposed.

November 19th 2007, as expected, (app ki tabedar) Supreme Court throws out all pending
cases against Gen Musharraf. (Also The News). This new Supreme Court is lead by
Justice Abdul Hameed Dogar.

The proceeding of this court, the judges and the way these proceedings were conducted is
a shameful act. The Court of Law and the nation of Pakistan is embarrassed both
Internationally and domestically. Shame on us!

New General’s Order to give indemnity to himself

November 21st 2007 Gen Musharraf issued a new executive order called Constitution
(Amendment) Order 2007 under Provisional Constitution Order (PCO), aimed at
providing “constitutional cover” to all actions taken during the period of Marshall Lawlvii.

This PCO inserted number of key amendment to Constitution, which in normal course of
action, will require 2/3 majority of parliamentary vote.

1. The new Article, 270AAA, has been inserted in order to validate and affirm all laws,
orders and constitutional amendments during emergency. Stating all Gen Musharaf‟s
actions “…shall not be called in question in any court or forum on any ground
whatsoever.”

2. Article 270AAA (2) stated “all orders made, proceedings taken, appointments made,
…etc… shall not be called in question in any court or forum on any ground
whatsoever”

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3. Article 270AAA (3) stated that all Gen Musharraf‟s orders and laws “….. will
continue in force until altered, repealed, or amended by the „competent authority‟.

Eminent lawyer Fakhruddin G. Ebrahim told Dawn that the order would have no legal
value until the Parliament validate it. “Constitution could not be amended through orders
and ordinances” he added.

Remember, Gen Musharraf claimed, “I never broke any law”!

(App ki tabedar) Supreme Court certify Gen Musharraf

November 23rd 2007, just a day after (app ki tabedar) Supreme Court threw out all cases
against Gen Musharraf, it gave a ruling to certify all General‟s actions as “legal”.lviii

A seven-member bench of the Supreme Court, headed by Chief Justice Abdul Hameed
Dogar, declared “the emergency as valid and all steps taken by President General Pervez
Musharraf after November 3 justified”.

In addition, it announced that all (honorable) judges that refuse to take oath under
(illegal) Oath of Office (Judges) Order 2007 (aka Marshall Law) had ceased to hold their
respective offices. In other words, those judges that did not take oath on Marshall Law
and gave allegiance to Gen Musharraf, are no longer considered judges of Pakistan.

In addition, The Supreme Court gave Gen Musharraf until December 1st 2007 to hang up
his uniform and take a new oath of presidential office as a civilian. One will recall Gen
Musharraf made a promise to whole nation and submitted it in writing to Supreme Court
that he will shed his uniform before November 15th 2007, just another promise he did not
keep, like many others.

The Judges conveniently failed to answer key questions; i) can a General rule over people
under any Constitution? ii) Did Gen Musharraf not violate the Constitution by sending
into abeyance? iii) Did Gen Musharraf not take oath over Holy Quran of not participating
in politics and remain as servant? iv) can a Military chief be a President of Pakistan under
Constitution?. This is another chapter of shameful history of our country, where
Constitution has been mutilated, and a subjugated judiciary is used to legalize criminal
activities of a General.

The Honorable (deposed) Judge Justice Rana Bhagwandas sharply reacted to the
Supreme Court‟s order validating the Provisional Constitution Order (PCO) and said the

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judges who took the oath of loyalty to Gen Musharraf were ineligible to hear
constitutional petitions or validate unconstitutional steps. Prominent lawyer (and prev CJ)
Fakhruddin G. Ibrahim said he was surprised by the judgment, adding that the judiciary
was no longer there to defend and protect the Constitution, but the PCO to which they
were bound by their oath.lix

International lip service

Commonwealth suspended Pakistan on November 22, 2007, second time since Gen
Musharraf took over in October 1999. “CMAG (Commmonwealth foreign ministers)
suspended Pakistan forthwith from the councils of the Commonwealth, pending the
restoration of democracy and the rule of law in that country," stated Commonwealth
Secretary General Don McKinnon. CMAG suspension has very little or no diplomatic
significancelx. However, they demanded:

 immediate repeal of the emergency provisions and full restoration of the Constitution
and of the independence of the judiciary. This should also include full restoration of
fundamental rights and the rule of law that have been curbed under the Proclamation
of Emergency;

 President Musharraf to step down as Chief of Army Staff as promised;

 immediate release of political party leaders and activists, human rights activists,
lawyers and journalists detained under the Proclamation of Emergency;

 immediate removal of all curbs on private media broadcasts and restrictions on the
press;

 move rapidly towards the creation of conditions for the holding of free and fair
elections in accordance with the Constitution.

European Parliament
United States continued it support and love for dictatorship. George Bush stated in
strongest term that “Gen Pervez Musharraf was a man of his word and truly believed in
democracy”. For Mr Bush, Gen Musharraf is “loyal U.S. ally in fighting terrorists”, rest
doesn‟t matter to him. One has to tell USA to shut its preaching and love of democracy,
while she single handedly supports majority of dictators around world with cash and
moral support. “He has done more for democracy in Pakistan than any modern leader

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has,” Mr Bush added. No wonder Mr Bush is renounced stupid. He truly earned every bit
of his title.

Just before announcing the Marshall Law, it has been observed by many, that Gen
Musharraf updated President Bush on his schemes, and only after the approval and
blessings, he implemented the Marshall Law.

Command 7 –Executive “above the law” Power

Gen Musharraf finally steps down from COAS

On November 28th 2007, Gen Musharraf handed over the command of Military to Gen
Ashfaq Pervez Kayani. In an emotional speech, he said “I am bidding farewell to the
army after having been in uniform for 46 years,” “I am fortunate to have commanded the
best army in the world. This army is an integrating force, the savior of Pakistan.”
"Without this army, the entity of Pakistan cannot exist.”

Regarding Gen Kayani, he stated "He's an excellent

soldier and I can say with full confidence that under his
command, the armed forces will achieve great heights.”

He said “I am leaving the Army in a best shape.” He said

Gen Musharraf said the army was the
he knows Gen. Kayani for last 20 years who is an saviour of Pakistan

excellent soldier and Army officer. Musharraf added, “I

will no longer command ...but my heart and my mind will always be with you.”

Gen Musharraf was appointed Chief of Army Staff on October 7th 1998, and Chairman
Joint Chiefs of Staff Committee on April 9th 1999. He remained COAS for 9 years and
52 days (approx).

It is to be seen if Gen Kayani will keep Army away from politics. However, majority of
Pakistanis would like it so. There is no doubt that Pakistan‟s Army is very professional
and proud asset of People of Pakistan, and enjoyed respect from all. However, this is also
true that during Gen Musharraf‟s era army‟s image was tarnished, a fact that Gen
Musharraf himself admitted in his final speech. “I feel sad when some elements point
finger and criticize the Army ... they are misguided people who do not understand that the
armed forces have a key role in Pakistan‟s security, progress and solidarity,” He said.

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Again, Gen Musharraf cannot separate himself from the country and institute. When
people criticized policies of General, he blamed them from criticizing the institute. When
people protest against his actions, he blames them of harming the country. And we
understand this is normal behavior of an isolated dictator. Anyone who poses a question
or differs from Gen Musharraf‟s opinion is always „misguided‟. One wonders that this
„true guidance‟ is exclusively given to Gen Musharraf by Allah the mighty?

No Pakistani ever criticized Army as an institute. It‟s the only

professional institution in the country. However, Gen Musharraf
pursued policies that were against the interest of people of Pakistan.
He put Pakistan Army on collision path with its own people. It was
very hard for Pakistanis to see siege of Red Mosque, as people on
either side of spectrum was our own blood. How can we bear the
Gen Musharraf handed pain of our solider being killed by our own citizen? And how can
over the his „baton‟ to his
we bear the pain of our citizen being killed by our own brother
successor
soldier?

Gen Musharraf is a bully, and he admitted it in his book. People will understand if our
Army chief bullies the enemy, but can our Army chief bully his own people?

Gen Musharraf said, “Without its Army, Pakistan cannot survive”. No citizen of Pakistan
will disagree with him. It is our Army, and we love our Army and we are proud of them.
In fact, we would like the General to know that citizen of Pakistan are proud of its Army,
and we stand with it. At the same time, as a citizen we want army to protect us “the
citizens” and the interest of its people, and not the interest of global powers. The job of
the army is to protect its people first, not the sand and the water. If there are no people
then there is no family, then what are we protecting?

Gen Musharraf post himself as President of Pakistan

On November 29th 2007, Gen Musharraf installed himself as President of Pakistan after
relinquishing his uniform and stepping down from COAS. However, Gen Musharraf
showed no sign of giving away doctorial arrogance.

“Anyone who is talking of any boycotts should hear this out: come hell or high water,
elections will be held on Jan. 8. Nobody derails it,” as he warned the opposition of
staying away from election boycott.

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Gen Musharraf reiterated that the new government will again be a „controlled‟ troika
between COAS, the President and the Prime Minister (perhaps selected?). “I am sure
Pakistan will grow stronger with me as civilian president and Gen. Kayani as army
chief,” he said.

It must have been very

painful moment for
the General, who stated
earlier that uniform, is his
„second skin‟. A good part of
his speech was Gen Musharraf finally peeled off his „second skin‟ after relentless domestic and tailored for
international pressure, but arrogance remains
Army commander,
where he made
emotional comments with his relationship with Armed forces. This was sign of his
nervousness as Gen Musharraf is still unsure if Army will fully back his actions after he
has retired from is COAS.

Remainder of his speech was mainly tailored to the western audience, as he tried to shed
off the pressure on him from international players.

“I personally feel that there is an unrealistic and maybe an impractical or impracticable

obsession with your form of democracy, with your form of human rights, civil liberties,”
Gen Musharraf philosophized.

This is understandable as despite all the repression and anarchy he has created in last 10,
he remains blind and deaf to his own destructive
actions. “We will do it our way as we understand our
society, our environment better than anyone in the
West” he added. Hence, confirming to the west that he
will continue with Army controlled government in
Pakistan with no real freedom for any other institutions
Gen Musharraf gave an emotional speech after
and civilian organization to establish roots. he was sworn in as the country's civilian
president today in Islamabad, Pakistan.
Gen Musharraf took a fresh oath in which he vowed
again “to preserve, protect and defend the Constitution” of Pakistan, even though he
suspended the Constitution three weeks ago when he imposed emergency rule and

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introduced a provisional constitutional order as military chief, and has a distinctions of

sending Constitution to abeyance twice – title unique for him.

Opposition leader and two times (sacked) Prime Minister Nawaz Sharif dismissed Pervez
Musharraf's presidency as illegitimate, saying the Supreme Court bench he purged to
ensure a second term should be restored to rule on his election. “Under the circumstances,
we do not accept him as a legitimate president,” “The judiciary of November 2 must be
restored,” “That judiciary was thrown out by Mr Musharraf just for personal reasons,”
“Whatever decision that judiciary gives (on his re-election)...that would be a decision
which would carry legitimacy and credibility.”

Command 8 – National Address # 2 “I will bring true democracy

and true freedom”
“This is a milestone in the transition of Pakistan to the complete essence of democracy,”
“Elections will be held in January come whatever may.” said Gen (retd) Musharraf, man
who enjoyed „god‟ like powers for 9+ years.

“Whatever I have done so far and will do in future will have

one and only purpose and that is to upheld the interest of the
country,” explaining his principle “Pakistan comes first”.

“The difficult decision to impose emergency in the country was made after consulting all
the stakeholders” he said. Ironically he forgot to consult people of Pakistan.

Following are the highlights of Gen (retd) Musharraf's Nov. 29 speech to the country.

 Musharraf is proud to have fulfilled his commitment to step down as military chief.
He has successfully fulfilled all of his commitments since taking power eight years
ago.

 In the beginning, it was necessary for the leader to hold as many as four posts -- chief
of army staff, chairman of the Joint Chiefs of Staff Committee, chief executive and
president -- because the nation needed a unified command.

 Musharraf has worked hard to get the economy back on track.

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 He has re-created from scratch the democratic political system -- from the local to the
provincial to the national level.He has empowered women and minorities within the
country.

 Shortly after the 2002 elections, Musharraf reduced his role to two posts: army chief
and president.

 He had long planned to further reduce his role Nov. 15 to only that of a civilian
president -- a plan that some have attempted to derail as part of a conspiracy. These
same people also have been trying to use the courts to nullify his lawful election.
(This was clear reference to Chief Justice and Hon Judiciary that refused to accept his
black laws of PCO and LFO)

 In the meantime, terrorism has expanded from the Federally Administered Tribal
Areas into the North-West Frontier Province, and even into Punjab.

 The media have been fueling this fire.

 Musharraf was forced to impose a state of emergency on the country after intense
consultations with political, military and business leaders.

 He now is pleased to announce that Pakistan is back on the path toward democracy.

 His election has been legalized by the Supreme Court, and he has resigned as chief of
army staff. Parliamentary elections have been set for Jan. 8.

 The leader praised Gen. Ashfaq Kayani, his successor, and wished him well.

 The president has served the army for 46 years, including nine as its chief. His
success can be credited to the Pakistani people and army.

 Musharraf praised the members of Pakistan's armed forces.

 The state of emergency has aided the country's battle against terrorism.

 Military operations in the Swat Valley are proceeding with success, and the armed
forces have "broken the back" of militants there. Peace will soon be restored in the
district. Musharraf also praised Swat residents for their help in this effort.

 He said the country now should look to the future.

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 The president mentioned former Prime Minister Benazir Bhutto and former leader
Nawaz Sharif, saying they have been provided a level playing field.

 These leaders' parties -- the Pakistan People's Party and Pakistan Muslim League-
Nawaz -- should now take advantage of the situation and prepare for elections, in
accordance with the rules.

 Musharraf urged the parties not to boycott the elections.

 The situation in the country is progressing as planned.

 He plans to lift the state of emergency Dec. 16, but no one will be allowed to disrupt
with the system. The provisional constitutional order that replaced the Pakistani
Constitution when the state of emergency was imposed will be lifted and the
constitution restored.

 He thanked former Prime Minister Shaukat Aziz and his Cabinet for their hard work
under the difficult circumstances of the past five years.

Command 9 – yet another new Democracy

– – – – come back for updates.

Gen Musharraf has announced new election in January 2008. It is likely that Benazir
Bhuto, Maulana Fazlur Rahman and other political affiliates will join hand in „true-
democracy‟. The script is written by white house. We all know that Gen Musharraf
despise Benazir, the question is will he tolerate her for the sake of master?

Secondly, will Gen Kiyani disassociate himself from greed of power and reestablish the
mutual trust and respect between Armed forces and people of Pakistan. We pray and we
hope he does. People are looking up to him now to free the Judiciary and Media. Restore
the Judges, restore the TV channel. They are important instruments to monitor
politicians, feudal lords, mafia, extremists, as much as they monitored current
government. There is no other way then to free these two for independence of thoughts,
opinions and diversity.

We request Gen Kiyani that we need to move forward. We had enough iteration in loops
and circles. Let us at least try this.

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I hope he is listening.

Command 10 – Let start again

– – – – Let us wait few more days for this cycle to complete. I am going to take short
commercial break.

K - Charges against Gen Musharraf from Citizens of Pakistan

Citizen of Pakistan charges Gen Musharraf for following criminal and illegal activities:

1. Imposing Marshall Law twice in the country and harming the interest of nation.

2. Violating the oath from his services to be public servant and asserting himself as ruler
over people of Pakistan

3. Obstruction of Law and Justice by interfering in Judiciary, essentially overthrowing

Supreme Court judges by PCO and depriving the nation with justice.

4. Ordering kidnapping of civilians and citizens without legal order and justification

5. Ordering of extra-judicial killing across the country and sponsoring state terrorism
against his countryman. Ordering killing of people without pronouncing the charge
and free and fair trial by independent judiciary.

6. Giving full license to agencies and police for torture, kidnapping and blackmail the
civil society by the proclamation of PCO and depriving the nation with their basic
rights as citizen

7. Creating a sectarian division amongst Muslims Community by declaring self

proclaimed moderation-enlightenment religion, essentially diving the nation and
creating disharmony

8. Insulting the nation of 160 m people by obstructing their basic rights, depriving them
access to information and knowledge, violating their right to free speech, and their
right to express their opinion.

L - Demands from Citizens of Pakistan

1. Remove Marshall Law and restore the Constitution as it stands on 3rd November
2007

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2. Remove all additions/alterations made to the Constitution on the authority of single

person. This includes all PCOs, LFO and Emergency Orders. These alterations must
be presented to the fairly elected Parliament – case by case – for approval or
rejection.

3. Restore the Supreme Court and the Hon Judges as it stands on 3rd November 2007,
with Hon Justice Iftikhar Chaudhry as Chief Justice, and restore all Hon Judges.

4. The Justice Department and Supreme Court judges must elect their own chief justice,
and with consent of parliament, without any nomination or interference from
Executive. There should be no communication between judges and executives while
they remain public servant, except the official communication in court proceedings.

5. Petitions should be filed in Supreme Court against Gen Musharraf for the charges
stated above, and an open trial should be conducted.

6. Release all political arrest, including the lawyers, media and press staff, human right
organization members and common man that were arrested after emergency of 3rd
November 2007.

7. Release all those who were kidnapped by various agencies, or produce them in Court
of Law with charges.

8. Pakistan Army, Agencies and all Generals and LG take special oath for not
interfering in civilian institutes, and never to be involved in another Marshall Law.
The politicians to take oath in not interfering in internal matters of Pakistan Army.

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APPENDIX

Pakistan’s history of previous Military takeovers

http://news.bbc.co.uk/2/hi/south_asia/472953.stm

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Table of Contents
GENERAL MUSHARRAF HAS HIJACKED PAKISTAN .................................................................. 1

A - GENERAL MUSHARRAF HAS HIJACKED PAKISTAN ................................................................................ 1

B - BACKGROUND....................................................................................................................................... 4
C - TIMELINE .............................................................................................................................................. 6
D - KARGIL WAR......................................................................................................................................... 7
E - FIRST COUP D‟ETAT – OCTOBER „1999 .................................................................................................. 9
F - GEN MUSHARRAF PROCLAIMS FIRST MARSHALL LAW ....................................................................... 10
Policy objectives – 7 point agenda / promises .................................................................................... 11
G - POST FIRST MARSHALL LAW ACTIVITIES ........................................................................................... 14
General’s first strike at Judiciary – 2000 ........................................................................................... 14
September 11, 2001 – Riding the wave to legitimize rule ................................................................... 16
Enlightened moderation and Ataturkism ............................................................................................ 17
Rigged Referendum – April 30th, 2002 ................................................................................................ 20
LFO – The (il)Legal Framework Order – August 2002 ...................................................................... 22
General Election – October, 2002 ...................................................................................................... 25
The Constitution of Pakistan or Military Ordinance? ........................................................................ 28
17th (un)Constitutional Amendment – December, 2003 ...................................................................... 32
Gen Musharraf take oath as President for next 5 years...................................................................... 38
Gen Musharraf break promise, keeps uniform.................................................................................... 39
Another Supreme Court CJ, 10 judges retire ...................................................................................... 39
H - START OF GEN MUSHARRAF‟S DOWNFALL ......................................................................................... 40
Judiciary and Gen Musharraf ............................................................................................................. 40
CJ Iftikhar Chaudhry– March, 2007................................................................................................... 42
Gen Musharraf attacks Media ............................................................................................................ 61
Dealings with Political Opponents ..................................................................................................... 62
I - SECOND MARSHALL LAW – NOVEMBER 3RD, 2007 ............................................................................... 63
J - POST MARSHALL LAW ACTIVITIES ...................................................................................................... 65
TEN (Iterative) COMMANDMENTS of our history ............................................................................ 65
Gen Musharraf claim he never broke a Law! ..................................................................................... 67
Command 2 –Media and Press Shutdown .......................................................................................... 68
Command 3 – National Address # 1 “saving the country” ................................................................. 69
Command 4 –Total Submission........................................................................................................... 70
Command 5 –Compliance from Judiciary .......................................................................................... 72
Defiant judges of the Supreme Court ruled against Gen Musharraf .................................................. 75
Command 6 –Certification and indemnity .......................................................................................... 78
Command 7 –Executive “above the law” Power ................................................................................ 81

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Command 8 – National Address # 2 “I will bring true democracy and true freedom” ...................... 84
Command 9 – yet another new Democracy ........................................................................................ 86
Command 10 – Let start again ............................................................................................................ 87
K - CHARGES AGAINST GEN MUSHARRAF FROM CITIZENS OF PAKISTAN ................................................. 87
L - DEMANDS FROM CITIZENS OF PAKISTAN ............................................................................................ 87

APPENDIX ........................................................................................................................................... 89

PAKISTAN‟S HISTORY OF PREVIOUS MILITARY TAKEOVERS ..................................................................... 89

TABLE OF CONTENTS ...................................................................................................................... 90

CITATIONS ................................................................................................................................................ 92

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Citations

i
1973 Constitution of Pakistan - http://www.pakistanconstitution-
law.com/theconst_1973.asp
ii
Official Biography of Musharraf -
http://www.presidentofpakistan.gov.pk/Biography.aspx
iii
BBC http://news.bbc.co.uk/2/hi/south_asia/472997.stm
iv
Dawn News http://www.dawn.com/2006/05/29/nat1.htm
v
Gen (retd) Ali Kuli Khan rejoinder to „In the Line of Fire‟.
The News - http://www.thenews.com.pk/top_story_detail.asp?Id=3424
The News - http://www.thenews.com.pk/top_story_detail.asp?Id=3415
vi
BBC
vii
BBC - http://news.bbc.co.uk/2/hi/south_asia/6960670.stm ,
BBC - http://news.bbc.co.uk/2/hi/south_asia/475195.stm
BBC Pakistan After Coup - http://news.bbc.co.uk/2/hi/south_asia/472968.stm
viii
BBC – Musharraf‟s speech after the coup
http://news.bbc.co.uk/olmedia/470000/video/_473143_musharaf_xws_2300_vi.ram
Full text of General Musharraf's coup announcement -
http://news.bbc.co.uk/hi/english/world/monitoring/newsid_473000/473175.stm
Text of the announcement of a state of emergency -
http://news.bbc.co.uk/hi/english/world/south_asia/newsid_475000/475415.stm
Musharraf TV Address http://news.bbc.co.uk/2/hi/world/monitoring/477829.stm
ix
Dawn – National Reconciliation Ordinance 2007 -
http://dawn.com/2007/10/06/top3.htm
x
CBC – Kashmir Policy - http://www.cbc.ca/world/story/2006/12/05/pakistan-
kashmir.html?ref=rss
xi
Oath of Office (Judges) Order, 2000 - http://www.pakistanconstitution-
law.com/appendix13.asp
xii
Interview CJ Saeeduzzaman Siddiqui
http://www.pakdemocracy.net/jamhoor/interview-saeed.htm
xiii
BBC, 22-sep-06 – US 'threatened to bomb' Pakistan
xiv
Gen Musharraf‟s Enlightened Moderation –
(http://www.presidentofpakistan.gov.pk/EnlightenedModeration.aspx)
xv
BBC – Musharraf Referendum - http://news.bbc.co.uk/2/hi/south_asia/1958219.stm

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xvi
Human Right watch on flawed election and referendum -
http://www.hrw.org/press/2002/10/pakistan-bck1009.htm
xvii
LFO Legal Framework Order, 2002 - http://www.pakistanconstitution-
law.com/appendix3.asp , http://www.pakistanconstitution-law.com/appendix15.asp
xviii
DAWN (LFO) - http://www.dawn.com/2002/08/22/top4.htm
xix
National Accountability Ordinance NAO - http://www.nab.gov.pk/Downloads/nao.asp
xx
Dawn - http://www.dawn.com/2002/08/22/top11.htm
xxi
Dawn - http://www.dawn.com/2002/08/23/top4.htm
xxii
Dawn – LFO rejected by Bar Councils - http://www.dawn.com/2002/10/26/nat47.htm
xxiii
Dawn – LFO rejected by all - http://www.dawn.com/2002/12/27/local17.htm
xxiv
Dawn – LFO rejected by SC - http://www.dawn.com/2002/10/01/top3.htm
xxv
Dawn – Election 2002 reports - http://www.dawn.com/2002/10/08/top5.htm,
http://www.dawn.com/2002/10/13/top1.htm, http://www.dawn.com/2002/10/13/top5.htm
xxvi
PILDAT – Constitutional Amendments
http://www.millat.com/democracy/Constitution/briefing_paper_english_16.pdf
xxvii
Human Right Watch Report on Pakistan 2002 - http://hrw.org/wr2k2/asia9.html
xxviii
Dawn – NA ok 17th amendment - http://www.dawn.com/2003/12/30/top1.htm
xxix
Dawn – 17th amendment passed - http://www.dawn.com/2004/01/01/top3.htm ,
http://www.dawn.com/2003/12/31/top1.htm ,
http://www.dawn.com/2004/01/02/top1.htm ,
http://www.dawn.com/2004/01/03/top2.htm
xxx
Dawn, 30-dec-04 - Musharraf says he will keep army post: Cooperation offered to
opposition (http://www.dawn.com/2004/12/31/top1.htm)
xxxi
Dawn, 31-dec-04 - opposition launch struggle, launch joint struggle: President's two
offices (http://www.dawn.com/2004/12/31/top2.htm)
2-jan-05 - Black day observed (http://www.dawn.com/2005/01/02/top1.htm)
xxxii
Dawn, 1-jan-05 - US Endorsed Gen Musharraf Uniform
(http://www.dawn.com/2005/01/01/top5.htm)
xxxiii
Dawn, 2-jan-05 – Gen Musharraf on his breaking promise on Uniform
(http://www.dawn.com/2005/01/02/nat1.htm)
xxxiv
Dawn, 31-dec-04 – New CJ Justice Nazim Hussain Siddiqui take oath, 10 judges
retire (http://www.dawn.com/2004/01/01/top4.htm)

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xxxv
Dawn, 4-nov-07, Judge refused to take oath
(http://www.dawn.com/2007/11/04/top3.htm)
xxxvi
Dawn, 9-mar-07 – Gen Musharraf suspend CJ
(http://www.dawn.com/2007/03/10/top1.htm)
xxxvii
Dawn, 30-may-07 – Testimony of CJ against charges
(http://dawn.com/2007/05/30/top1.htm )
xxxviii
Dawn - http://www.dawn.com.pk/2007/03/17/top2.htm
xxxix
Dawn - http://www.dawn.com.pk/2007/03/17/top3.htm
xl
Interview with Gen Musharraf, 16th May 2007
(http://www.guardian.co.uk/pakistan/Story/0,2763,491716,00.html)
xli
Cliff Montgomery http://americanspark.com/2007/11-08-07_musharraf-
proclamation.html
xlii
Dawn - http://www.dawn.com/2007/11/04/top12.htm
xliii
Dawn - http://www.dawn.com/2007/11/16/top2.htm, News -
http://thenews.jang.com.pk/updates.asp?id=32288
xliv
BBC - http://news.bbc.co.uk/2/hi/south_asia/7099372.stm
xlv
The News - http://www.thenews.com.pk/top_story_detail.asp?Id=11233
xlvi
Dawn - http://www.dawn.com/2007/11/05/top1.htm,
Dawn - http://www.dawn.com/2007/11/04/top11.htm
xlvii
Dawn - http://www.dawn.com/2007/11/07/top3.htm
xlviii
News, 5000+ arrested - http://www.thenews.com.pk/updates.asp?id=3264
xlix
Dawn - http://www.dawn.com/2007/11/06/top1.htm
l
Dawn - http://www.dawn.com/2007/11/04/top2.htm
li
Dawn, 5-nov-07 - AG hints at reducing number of SC judges, The Dawn, 6-nov-07 -
FSC judges take oath
lii
Dawn - http://www.dawn.com/2007/11/07/top5.htm
liii
Wikipedia, Constitutional Coup
liv
The Dawn, 6-nov-07, Iftikhar hits out at Musharraf
lv
The Dawn, 7-nov-07, Iftikhar urges uprising to save Constitution
lvi
Dawn – 3 Judges hands Supreme Court Detailed Judgment against Gen Musharraf‟s
eligibility - http://www.thenews.com.pk/top_story_detail.asp?Id=11248
lvii
The Dawn, 21-nov-07 - Indemnity Order for Gen Musharraf
(http://www.dawn.com/2007/11/22/top1.htm)

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lviii
The News, 24-nov-07 - SC uphold emergency rule
(http://www.thenews.com.pk/top_story_detail.asp?Id=11343), The Dawn 24-nov-07 - SC
hands out clean chit to Musharraf : •Emergency, PCO validated •Deposed judges
criticised (http://www.dawn.com/2007/11/24/top1.htm)
lix
The News, 24-nov-07 - PCO judges cannot hear petition against PCO: Bhagwandas
(http://www.thenews.com.pk/top_story_detail.asp?Id=11353)
lx
Commonwealth press release, 22-nov-07 on Pakistan
(http://www.thecommonwealth.org/press/31555/34582/172912/221107cmag.htm )

95