THE topic these days of most TV talk shows, as well as newspaper editorials, is the vexatious question whether Gen (r) Musharraf should be tried for high treason under Article 6.
The logical corollary of this question is yet another question will he be tried?
In my opinion, the answer to the first question is fairly simple of course, he should be tried. It is time fot this, since military usurpers have been given soft landings in the name of expediency after they have played havoc with the nation for long periods of time.
To deliberately obfuscate the simple issue, Musharraf's apologists bring up untenable excuses that if Musharraf is tried, then all the other dictators should also be tried.
And that, according to Article 6, those helped the dictators should also be tried. The simple answer to that question is all other dictatorial usurpations have been given indemnity by the parliament and the courts.
Musharraf's actions have not only been not validated by the parliament, but the Supreme Court in its ruling has clearly declared it as unconstitutional. As far as the role of the aiders and abetters is concerned, let not Musharraf's cronies scare us.
First, the aiders and abetters had only a limited role to play, but if they are to be hanged, with Musharraf, so be it.
The answer to the second question, whether Musharraf will be tried, is a little more difficult to answer. Although one should never say never in politics, as the restoration of the judges proved, the dice seems to be loaded against Musharraf's trial.
First, the PPP has no stomach nor the inclination to move Article 6 against Musharraf, as some kind of agreement seems to have tied their hands. The Q-League and the MQM are partners in Musharraf's doings, so expecting any help from them would be naïve.
The only party interested in his trial is the PML(N) that also seems to be going in circles. The latest application by PML(N) Senator Zafar Ali Shah in the Supreme Court, to ask for Musharraf's trial, is their latest move.
The most important factor in deciding whether Musharraf should be tried will depend upon the attitude of the Army. If the military allows its ex-chief to be tried for treason for overthrowing an elected government, it will mean the military's absolute resolve never to overthrow an elected government again.
On the other hand, if the military still wants to play a dominant role in Pakistan's body politic, then perhaps it will not allow such a trial.
The conventional wisdom is in favour of not allowing Musharraf's trial. But as I have said earlier, one can never say never in politics.
AKBAR JAN MARWAT
Via email
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