January 12, 2014
altaf-hussain

Altaf Hussain, the British chief of Pakistani political party MQM recently raised 9 questions on treason trial of Musharraf for his actions of 3rd November 2007. Altaf Hussain raised 9 questions why General Musharraf was not being tried on his 12th October 1999 coup and why he was only tried for his last abrogation of constitution.

Following lack of seriousness from public and media about these questions, Altaf Hussain played his typical race card and declared that General Musharraf was being targeted only because he was Muhajir similar to Altaf Hussain.

Although statements of Altaf Hussain should not be taken seriously, but we are providing our response to these questions for correction of record:

1. The Army imposes martial law like on 12th October 1999 and dismisses a democratically elected government. The time when generals of the Pakistan Army and other officers started action to dismiss the democratically-elected government, Gen Musharraf was onboard a plane and returning to country from a foreign visit.

The martial law was formally declared when “General Musharraf” addressed the nation on PTV on early morning of 13th October 1999. Army doesn’t just impose martial law unless Army Chief is fully involved in the crime.

2. A meeting of the generals was held after Gen Musharraf landed in which it was decided to hold the Constitution in abeyance. A Provisional Constitutional Order (PCO) was promulgated and the judges of the Supreme Court were asked to take a fresh oath under the PCO. The then Chief Justice of the Supreme Court Justice Saeeduzzaman Siddiqui, Justice Mamoon Qazi, Justice Nasir Aslam Zahid, Justice Khalilur Rehman, Justice Wajeehuddin Ahmed and Justice Kamal Mansoor Alam refused to take oath under the PCO.

Wrong. The constitution was only violated, not held in abeyance in October 1999. The constitution was actually abrogated and PCO was issued much later in 2000 before verdict on Zafar Ali Shah case and all judges including CJ Saeeduzzaman Siddiqui kept working until that time.

3. The judges of the Supreme Court and the High Courts that took oath, under the PCO included Justice Irshad Hassan Khan, Justice Iftakhar Muhammad Chaudhry, Justice Bashir Jahangiri, Justice Shaikh Riaz Ahmed, Justice Abdur Rehman and Justice Chaudhry Muhammad Arif.

Yes, and MQM validated actions of all the above respected judges in form of 17th amendment. Not only that, but actions all of these judges were again revalidated in 18th amendment unanimously by all elected parties including MQM in previous Zardari led government. If MQM had decided not to validate the actions of CJ Iftikhar Chaudhry, the previous judiciary of Saeeduzzamman could be restored and new judiciary led by Chaudhry Iftikhar could also be charged for treason.

4. When the then prime minister Mian Nawaz Sharif dismissed the Chief of Army Staff Gen Musharraf on 12th Oct 1999 by exercising his discretionary powers and issued a written notification, promoted and decorated the head of ISI Lt-Gen Ziauddin to the office of the Chief of Army Staff, the generals of the GHQ and the corps commanders refused to follow the orders. On 12 October 1999, Gen Musharraf and other generals deposed the government in clear violation of the constitution, suspended the constitution of Pakistan, arrested the prime minister, they arrested Gen Ziauddin But as well.

Yes, and MQM validated all these actions of Army in form of 17th amendment.

5. Will the constitutional and legal experts and political and defence analysts like to answer under which article of the Constitution did the judges of the Supreme Court, who took oath under the PCO of Gen Musharraf, validated and legitimised the army action of 12th Oct 1999? Under which constitution was the military government of Gen Musharraf allowed to continue to work for three years? Under which constitution was the military government allowed to amend the Constitution?

The Supreme Court can’t validate any unconstitutional action, rather it gave a conditional and temporary decision so that elections could take place and new parliament could decide if the actions of Army were legal or illegal. It was ultimately MQM that validated army’s actions of 1999, not Supreme Court.

While giving temporary relief to Musharraf, the Supreme Court judges also put their necks at stake, but thankfully MQM validated actions of judges.

6. Why is it that some politicians and legal and constitutional experts were declaring the imposition of emergency of Nov 3, 2007 as unconstitutional and not the deposition of the elected government and holding of the Constitution in abeyance on the 12th Oct 1999? How can they validate and legitimise the military action of the 12th Oct 1999?

It is MQM that has to answer how it validated and legitimized the military action of 12th October 1999 in 17th amendment. Thankfully, for first time in history of this country, the action of 3rd November 2007 by Army Chief was thrown out of the parliament and not validated.

7. Gen Ayub Khan, Gen Yahya Khan and Gen Ziaul Hque had also imposed martial law in the country in utter violation of the constitutions but not a single general was held in captivity even for a second let alone a full hour.

When Gen Ziaul Haque had imposed the martial law, he had not only dismissed elected governments and assemblies but also arrested and hanged the elected prime minister. As against this, Gen Musharraf not only pardoned prime minister Mian Nawaz Shrif, although he was convicted by a court, but also allowed Mian Nawaz Sharif and his entire family to proceed to Saudi Arabia with his servants, attendants, and suitcases.

General Musharraf wanted to hang PM Nawaz Sharif, but court only gave life sentence on fake hijacking case to Sharif. Musharraf’s government actually appealed against life sentence and pushed for death sentence.

The pardon was not given by General Musharraf, rather it was President Rafiq Tarrar who officially pardoned Nawaz Sharif and all his family, despite the family not being charged in any case.

The hijacking case was reopened in 2009 after restoration of judiciary and Nawaz Sharif was found not to be involved in hijacking and he was acquitted in that case.

Altaf asked the constitutional and legal experts and defence and political experts to reply to each point raised by him with sound arguments in detail and explain as to why only Gen Musharraf has been arrested and being held responsible for the imposition of emergency. Why is it that the generals that aided and collaborated with Gen Musharraf and those who validated the military action allowed to remain free instead of facing cases in the court? Altaf said that he would be grateful if the constitutional and legal experts would respond to the points raised by him in the light of the Constitution and law in a logical manner.

Wrong, Musharraf has not been arrested as of yet for imposition of emergency.

All current documentary evidences show that it was Musharraf who imposed the emergency (actually martial law) and Musharraf’s speech on 3rd November 1999 also reflects the same. The trial should start with General Musharraf and he should give documentary evidence if others were involved and they should be called too, including MQM’s governor Ishrat-ul-Ibad who administered PCO oath from judges.

Finally, if 100 people suggest a person to kill someone, then killer would still be responsible for his action and must be published for murder as per law. He can’t distribute the guilt of this actions on 100 persons suggesting him.

One Comment

  1. Fahad89 says:

    Allah is Great and his justice is Great. Altaf Hussian of MQM made a disgusting speech today. Allah is Great I said, because two murderers of many innocent are about to be tried. Musharaf by Special court in Islamabad for 7 November, FARD JURM is ready but being eluded by so called Commando and Altaf Hussian who is about to be called for FURD JURM by Scotland Yard for murder of his fellow MQM associate. Altaf Hussian to divert people and get sympathies spoke about division of Sindh, 12 October coup and Local Bodies elections under Martial Law only.

    Division of Sindh is forcefully declined and enough is discussed on media. All political parties including PPP, PML N, PML F, Sindh nationalist, ANP and PTI etc has given good reply to stupid speech.

    With regard to 12 October, who was master mind? Here are few facts. Musharraf has planned coup in September 1999, but Shahbaz Sharif went to USA, coup was delayed. Nawaz Sharif came to knew about it, so tried to sack him. Preparation made are well evident from following designs of Musharafr: –
    (1) General Aziz was made CGS, first time in history of British Indian Army (till 1947) and Pak Army (after 1947) a junior most LT General is made CGS.
    (2) General Mehmood was first time in history of Pak Army, that another junior most was made Corp Commander Rawalpindi Corp. (General is in in mental pain, doing tableegh and begging mercy from Allah now a days)
    (3) General Sahaid Aziz, relative of Musharaf was made DGMO, plan evident from his book, just to ensure smooth coup 2 months before this coup. General Ihsan another pet of musharaf was made DGMI along with him.
    (4) Brigadier Salahdudin Satti (later CGS) was made Commander 111 Brigade just for coup 2 months before 12 October mutiny.
    (5) Colonel Javed Sultan Battalion was equipped and send by to took over Islamabad (become Major General later and was died in helicopter crash later when shot by Khawarjeen). Colonel Haroon (contender of CIAS after Kiani) Commando Battalion was ready in Dhamial for helicopter lift, if Javed Sulatan fails. Evidence Shahid Aziz book. Colonel Nadeem Ejaz (later DG MI) was given with task to take over Raiwind n coup and was ready.
    (6) General GA, serving in IS was spying and tapping phones of PM House and DG ISI. (General died miserably in road accident later).
    (7) Brigadier Nadeem Taj (Secy to Musharaf) took along highly sophisticated communications sets, 3-4 in number, when Musharaf went to Sri Lanka.
    (8) On General GA information, that PM want to sack, operation was launched. Fuel was enough that it can fly for about 45 minutes more.
    (9) Black Box communication was only made public which was about 3-5 minutes. Communication before is missing. Even listen to communication it is less of black box, seems well manufacture or fabricated communication.
    (10) Detention cells in Rawalpindi and Murree were already prepared, listen to General Zia ud Din interview.

    Next comes to teasing of Musharaf lawyers. Read papers when Nawaz Sharif was under trail, how his lawyers were placed on agony. Even on lawyer Iqbal Raas and Riaz Batalvi were murdered through MQM shooter. Musharaf family is unhurt and never ever even touched. See what Musharaf did to Kalsoom Nawaz. Hussian Nawaz and Nawaz Sharif cells were in near vicinity. Hussian Nawaz beaten and given torture, so that his crying is listened by his father. This crying broke Nawaz Sharif, he opted to go in exile. Hussian was brought before his mother nad sisters in dress being worn by hardcore terrorists. Photographs of Nawaz Sharif, two rime PM, are well public.

    Local bodies elections were held in 1992-93 and 1998-99, Farooq Sattar was Mayor. Hope during these periods their was no martial law.

    MQM supported Musharaf in constitutional amendment to give legal cover to 12 October 19999 Coup. Problem with MQM is, the demarcation of MNA, MPA, councillors was done in NINE ZERO under Farooq Sattar, Musharraf appointed Election Commissioner just endorsed the. Whereas in rest of Pakistan demarcation was carried out by Musharraf aides, with one principal, PML N should not get air to fight elections. Farooq Sattar due to this demarcation has amply enjoyed and now weeping.

    This speech is nothing but drama before legal proceeding by the Scotland Yard.

    Allah you Great, murders are weeping when your kind justice came to their heads.

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