Ref:- Time running out fast for Musharraf to declare joint martial & civilian rule in Pakistan.
Dear Sir
Musharraf so far has shown uncanny acumen & dexterity in State / political matters where:-
(1)- Elections to National & State assemblies of Pakistan are announced in January 2008. This should please international community especially USA & its democratic allies who were breathing on Musharraf’s neck for early elections in Pakistan.
(2)- Demand of international community including especially USA & its democratic allies for lifting the emergency has been turned down. Musharraf has up held the sovereignty of Pakistan in deciding a crucial matter in a way which best serves the interest of Pakistan. Musharraf is absolutely right when he says that given present circumstances of Pakistan, emergency is good not only for the restoration of normalcy (law & order) but also for the promotion of democracy in Pakistan.
(3)- Benazir (who was adamant for taking out mass rallies etc despite experience of October Karachi blast) was put under house arrest. Government of Pakistan has every legal right to prevent such suicidal tendencies & irresponsible behaviour of Benazir:-
(i)- As it also threatens the life of many other citizens who are likely to attend these mass public programs of Benazir.
(ii)- As it will also give legally highly objectionable opportunity to terrorists to gain publicity & other tactical advantages by striking at such mass public programs of Benazir.
(4)- This house arrest of Benazir will create a level playing field for the political Party of Nawaz Sharif (who is not on the soil of Pakistan due to controversial last month expulsion of Nawaz from Pakistan). Therefore Benazir should be kept under house arrest till January 2008 elections are over, so that both the major political parties can contest these elections without both of their leaders Benazir & Nawaz not available (in person) to the members and office bearers of these two political parties.
(5)- This level playing field for both the party’s of Benazir & Nawaz will also:-
(i)- Take care of the criticism hurled by Pakistanis & international community that without Nawaz and with Benazir in Pakistan (allegedly by machinations of USA ) these elections of January 2008 will have no credibility & legitimacy.
(ii)- Without conspicuous & obtrusive presence of both Benazir and Nawaz during election campaign, their political parties will rely mostly on door to door and humble public campaign. This will help the projection and development of second line of down to earth leadership in both these political parties which will go a long way in consolidating democratic culture in Pakistan.
But having said all these, Musharraf is still bent upon creating problems for him self and also for Pakistan, which is evident from given below:-
(A)- Musharraf by this time should have announced that Pakistan will have joint martial and civilian rule (even after January 2008 elections), where martial President (Musharraf himself, supported mainly by armed forces) will take care of martial (war) affairs, security of the country, foreign affairs, human rights and assent to legislation of Pakistan. Whereas elected civilian Prime Minister, Chief Ministers etc will take care of all the civil matters of Pakistan.
(B)- This joint rule declaration ought to be with suitable Constitutional provisions (may be even by Presidential Ordinances).
(C)- This joint rule declaration will go a long way:-
(i)- In making the life / decisions & judgments of Judiciary of Pakistan, easy / proper.
(ii)- In tempering the atmosphere and also unfounded over expectations within Pakistan.
(iii)- In denying opportunity of severe criticism (of results and fall out of 2008 election) to international community which is simply waiting to grumble about lack of full democracy (republic) and continuity of martial supremacy in Pakistan even after 2008 January elections.
(D)- Musharraf has failed to realize that the ultimate jurisdiction of human rights with martial President (armed forces) is the burning need of the entire mankind. Therefore by incorporating and exercising it Musharraf will go in history as an unprecedented facilitator of human rights, because:-
(i)- UN International Covenants on Human Rights are not worth the paper they are written on for the simple reason that countries do not sign optional protocol (which empower UN to intervene, even militarily, in member countries when the member State blatantly denies human rights to its citizens). Hence hapless citizens have no effective remedy against human right violations. To quote only just one example, entire international community including USA & its democratic allies shed crocodile tears over the State sponsored massacre of thousands of innocent Muslims in the State of Gujarat, India in 2002.But neither these prolonged killings could be prevented in 2002 nor culprits could be brought to book as per law, (despite even recent ‘Tehelka’ shocking revelations of State complicity in these crimes).
(ii)- Once Pakistan develops political / legal culture where martial forces will take the responsibility of preventing criminal violations of human rights by civilians of their country then this principle and practice may be extended to UN also where suitable mechanism may be developed where the citizens of the member States will be able to secure their human rights in an effective way ultimately (if necessary) through UNHCHR.
Therefore, Musharraf ought to (i)- Ensure that Benazir remains under house arrest, till 2008 January elections are over and (ii)- Announce, without further delay, that Pakistan will have joint martial and civilian rule even after January 2008 elections.
Yours truly
Hem Raj Jain
208, Supriya, Plot # 20, Sector, Dwarka
New Delhi – 110075, INDIA
Ph: +91 11 32940177 Mob: 09871194983