ISLAMABAD: The PML-N government has decided to prosecute General (retd) Pervez Musharraf only for his November 3, 2007 extra-constitutional actions. The top military brass has been taken into confidence on the matter.
Sources said that the government would not open the issue of the October 12 1999 coup but would only focus on the November 3, 2007 unconstitutional action of Musharraf.
It is said that not only the Supreme Court’s decision of July 31, 2009 squarely held Musharraf responsible for his November 3 misadventure but the government has also not found anything concrete to conclude that others, in the government or the military in 2007 had helped him in the abrogation of the constitution.
The July 31 Supreme Court order settled the issue by ruling: “The actions of General Pervez Musharraf dated 3rd November, 2007 were the result of his apprehensions regarding the decision of Wajihuddin Ahmed’s case and his resultant disqualification to contest the election of president.
“Therefore, it could not be said that the said actions were taken for the welfare of the people. Clearly, the same were taken by him in his own interest and for illegal and unlawful personal gain of manoeuvring another term in the office of president, therefore, the same were malafide as well.”
Musharraf declared a state of emergency on November 3, 2007, and it lasted until December 15, 2007, during which time the constitution was suspended. When emergency was declared, he held both positions of President and Chief of Army Staff. He resigned as army chief on November 28.
Emergency and its responses are attributed to the controversies surrounding the re-election of Musharraf on October 6, 2007, including his holding of both offices.
Chief Justice Iftikhar Muhammad Chaudhry reacted to the emergency declaration, convening a seven-member bench which issued an interim order against emergency and asked the armed forces not to obey any illegal orders. The 111th brigade of the army entered the Supreme Court and removed Chaudhry and several judges and arrested them.
After being sworn in for a second term on November 29, 2007, Musharraf declared that emergency would end on December 16, 2007, although it ended on December 15, 2007.
Internews