IHC has ordered to register a murder case against Musharraf in Lal Masjid operation while Aabpara Police, refusing to register the case on not getting written orders from the IHC, say that they have already given their finginds that “Musharraf was not directly involved in the killing of Ghazi Rasheed and his mother.”
Irrespective of whether Lal Masjid operation was a correct decision or not, will it be easy to establish that Musharraf had a personal feud with late Ghazi Rasheed and ordered his killing for that reason? Being a head of state, he may not be directly held responsible for this operation because a prime minister was in place then with his full cabinet. Now however shoddy that prime minister and cabinet might have been, Mushsarraf seems to have a legal reason not to be directly indicted for an operation which was authorized by the state, and not by Pervez Musharraf in his personal capacity.
If a murder case against Musharraf is registered, then it will open a Pandora’s box and no action by any head of state will remain immune from public litigation. While the merits of a decision taken by a head of the state could be measured against different standards of prudence, urgency and efficiency, opening those decisions for every Tom, Dick, and Harry to interpret according to their fancies will render the office of the executive nonfunctional.
As far as this particular case is concerned, or even the case of Akbar Bugti’s tragedy, while they are fully criticised for their deficiencies, exposing COAS, CEO, PM or the President to public litigation will be a way forward? What you guys think?
Re: Lal Masjid Operation — Is case against Musharraf justified?
There's a strong case against him in bugtis murder and lal masjid, but the question remains. Will he be punished, I don't think so. At the end of the day he'll get released, and then he will restart his political career.
Re: Lal Masjid Operation — Is case against Musharraf justified?
Anyone that challenges the writ of the state has to be dealt with firmly whether it is Lal Masjid fanatics or Feudal Lords like Bugti. Therefore I don't think that there is any case against Musharraf.
Re: Lal Masjid Operation — Is case against Musharraf justified?
There were pictures of these militants firing or at least pointing their weapons at the LEAs. In the west, that some Pakistani " leaders" like to mention, this is more than enough reason to open a can of whup a$$$ on someone's butt.
Re: Lal Masjid Operation — Is case against Musharraf justified?
There's a strong case against him in bugtis murder and lal masjid, but the question remains. Will he be punished, I don't think so. At the end of the day he'll get released, and then he will restart his political career.
Whether he will be punished or not, the question is can you establish murder cases against the head for the decisions of the state?
Re: Lal Masjid Operation — Is case against Musharraf justified?
Its all a big bluff.
There is no way an ex-COAS will ever get indicted in Pakistan.
Well no one would've ever thought that an ex COAS would be put under a house arrest for months in Pakistan. Realistically, he should've been enjoying life in exile somewhere in this world but instead more and more cases are being filed against him. So the attitude has changed quite a lot. I don't really think that he'll be persecuted on legal grounds, there'll be enough technical hiccups to turn the verdict around. Other than that, I also don't feel that the army would seemingly go out of its way to protect Musharaf, especially under Gen Kiyani. However, naturally there will be tremendous amount pressure on the judiciary to not set any unfair precedent against an ex COAS.
To answer the question posed by the thread, I don't think that there will be a case against Mushrraf over Lal Masjid or Bhugti murder because he had a total support of the cabinet plus the armed forces behind him. So you cannot just grab him by the throat and leave people who were equally involved in the decision making. Unless they can really prove that he indeed abused his powers and went against everyone's wishes to order these killings. Actually they might just be able to prove that in the case of lal masjid. Who knows...
Re: Lal Masjid Operation — Is case against Musharraf justified?
There is no difference between Lal Masjid and Bugti. Both were challenging the writ of the state, hence action was necessary imo.
Indeed. Action was necessary but what kind of action? I feel this is the question be the central part of the whole case.
In hindsight, considering the horrendous consequences of the Lal Masjid operation, it could be termed anything but a success. Exactly what so positive came out of the whole drama?
Re: Lal Masjid Operation — Is case against Musharraf justified?
So, basically that sets up a precedent where anyone who can challenge the writ of the state and blow up many civilians should have a right to do so? Why criticize mqm, bla etc then?
Re: Lal Masjid Operation — Is case against Musharraf justified?
The writ of the government was challenged. Troops and tanks were called in, their food and energy supplies were completely cut off, army had totally sealed off the area, the terrorists had a choice between dying slow and painful death or surrendering, media was generally on Musharraf's side. But Musharraf had a last minute brain fart and in his hyper active commando mode he decided to turn them terrorists into martyrs. Instead of taking each and every single one them to the court and hanging them according to the laws of country. That was the precedent he needed to set. Judiciary is the ultimate writ of the state which Musharraf grossly ignored and undervalued for most part of his tenure.
The way lal masjid operation haunted the entire country for years and the massive role it played in bringing Musharraf down, even the man himself would say that it was totally miscalculated move, wish he had done things a little differently.
Re: Lal Masjid Operation — Is case against Musharraf justified?
In hindsight, considering the horrendous consequences of the Lal Masjid operation, it could be termed anything but a success. Exactly what so positive came out of the whole drama?
Maybe a clear message that the writ of the government will be maintained, whatever cost it may have.
But then the state also needs to explain its position on Taliban as they are also flouting state's writ.
Back to the question, I think it will be impossible to try Musharraf for actions he took as the head of the state or as the head of the army. In the parliamentary system of democracy, it is the prime minister who calls the shots, even if he is as powerless as Shaukat Aziz.
Re: Lal Masjid Operation — Is case against Musharraf justified?
Maybe a clear message that the writ of the government will be maintained, whatever cost it may have.
Of course. The message was on its way until Musharraf decided to ignore the opinions of his cabinet members and strictly out of stupidity and selfishness, miscalculated the move right at the last minute. I think little bit of patience would've done the trick.
The whole idea that those terrorists were turned into martyrs just doesn't sit well with me. They should've officially charged and hanged according to the laws of the state.
I know this is all hindsight but this is how history will be written.
Re: Lal Masjid Operation — Is case against Musharraf justified?
As I said above, Musharraf should have gone in much earlier (and not waited 6 months). It was right to give diplomacy a chance but not for that length of time. Prompt action would have resulted in less bloodshed + more importantly it would have checked the supply of weapons to the mosque. A more pertinent Q to ask is how did all those inside the masjid get so heavily armed? Who actually supplied them all those weapons? There should be an investigation into that as well
Re: Lal Masjid Operation — Is case against Musharraf justified?
The writ of the government was challenged. Troops and tanks were called in, their food and energy supplies were completely cut off, army had totally sealed off the area, the terrorists had a choice between dying slow and painful death or surrendering, media was generally on Musharraf's side. But Musharraf had a last minute brain fart and in his hyper active commando mode he decided to turn them terrorists into martyrs. Instead of taking each and every single one them to the court and hanging them according to the laws of country. That was the precedent he needed to set. Judiciary is the ultimate writ of the state which Musharraf grossly ignored and undervalued for most part of his tenure.
The way lal masjid operation haunted the entire country for years and the massive role it played in bringing Musharraf down, even the man himself would say that it was totally miscalculated move, wish he had done things a little differently.
The judiciary might have let them off scot free just like they are hesitant to take action against Mumtaz Qadri or anyone who uses the name of Islam for that matter (even if his actions amount to crime(s) against humanity / are against the teachings of Islam)
Re: Lal Masjid Operation — Is case against Musharraf justified?
The judiciary might have let them off scot free just like they are hesitant to take action against Mumtaz Qadri or anyone who uses the name of Islam for that matter (even if his actions amount to crime(s) against humanity / are against the teachings of Islam)
It's a valid question, can you kill someone in the name of Allah? Courts' silence on Mumtaz Qadri speaks volume of the confusion wherewith the law operates in the society.
But I think the key question of the thread is still away from our radars: Do you punish officials for the decision of the state?