Political opponents under the jackboot in Pakistan

On 14 April 2004, the Pakistan’s National Assembly passed the National Security Council (NSC) Bill amidst opposition walkout. Opposition parties termed the NSC as the supra-constitutional body that institutionalises the role of the army in the governance of the country. Earlier on 29 December 2003, the National Assembly legalised the decrees and powers of President Parvez Musharaff through the adoption of the controversial 17^th Constitutional Amendment Bill including the Legal Framework Order of 21 August 2001. Even late General Zia-ul-Haq failed to establish National Security Council. President Parvez Musharraf enjoys absolute powers and has effectively silenced all political dissent.

The trial in a Kangaroo court and conviction of Pakistan Muslim League (N) leader, Mr Makhdoom Javed Hashmi on 13 April 2004 in an alleged sedition case is a stern warning to all political opponents. Mr Hashmi became the defacto chief of the Pakistan Muslim League (PML) after Nawaz Sharif was sent into exile by the military dictator, President Parvez Musharraf. Mr Hashmi successfully persuaded the Pakistan People's Party (PPP) to form the Alliance for the Restoration of Democracy (ARD) and became its leader. Though Musharraf divided the PML by lending his tacit support to a group of dissidents who opposed the formation of the alliance, the ARD has become the most vociferous critic of the military rule both inside and outside the National Assembly.

On 29 October 2003, Mr Hashmi was arrested after he allegedly read out and distributed an unsigned letter titled 'Qaumi Qiyadat Kay Naam' at a news conference. The letter called for an inquiry into corruption among senior army officers as well as into Pakistani military operations in Kargil in 1999. The letter on a purported GHQ letterhead was said to have been sent to some parliamentarians by unknown army personnel.

The trial court has reportedly found the letter to be forged. Judge Asad Raza of the District and Sessions Court, Islamabad sentenced Mr Hashmi to 23 years of imprisonment on seven counts. He was sentenced to seven years rigorous imprisonment with a fine of Rs 10,000 under section 131/109 PPC (incitement to mutiny). In case of default, he would have to undergo further two months' jail term. Similarly, under section 124-A of Pakistan Penal Code (defaming the government and the army) Mr Hashmi was awarded three years rigorous imprisonment with a fine of Rs10,000. In case of default, he would have to undergo a further jail term of two months.  Mr Hashmi was also convicted under section 505(a) PPC (defaming army) and sentenced to two years rigorous imprisonment with a fine of Rs 5,000. In case of default, he would have to undergo one-month imprisonment. Under section 468/471 PPC (forgery of documents), he was sentenced to four years rigorous imprisonment on two counts with a fine of Rs 5,000 each. In case of default, he would have to undergo one month's imprisonment. Under section 500 PPC (defaming army officers), he was awarded one-year simple imprisonment with a fine of Rs 5,000. In case of default, he would have to undergo one month's imprisonment. Under Section 469 PPC, he was sentenced to two years rigorous imprisonment with a fine of Rs 2,000. In case of default, he would have to undergo 15 days of imprisonment. "All the sentences shall run concurrently," ruled the Judge Asad Raza.

On the night of 12 April 2004, 43 leaders of the PML including Secretary General, Khawaja Saad Rafique were arrested after police raided their homes in Lahore, Sheikhupura, Gujranwala and Faisalabad to prevent protest against the sentencing of Mr Hashmi. Throughout the trial of Mr Hashmi, peaceful dissent by the opposition parties was crackdown violently. On 31 October 2003, a large number of PML activists, including women, were arrested in Lahore for protesting the arrest of Mr Hashmi. 

Mr Hashmi’s trial violates international standards on due process of law and fair trial. He was not given time and opportunity to prove his innocence. The trial proceedings were conducted in secret in the Adiyala Jail. His family members or press were not allowed.

Mr Hashmi became a thorn in the flesh of General Parvez Musharraf for vehemently opposing the Legal Frame Work Order of 21 August 2001 and the 17^th Constitutional Amendment Bill. The ARD under Mr Hashmi’s leadership was preventing its passage and President Musharaff could not get the imprimatur of the National Assembly on his decrees and powers. After sending Mr Hashmi to jail, the government adopted the 17^th Constitutional Amendment Act, 2003 by two third majority on 29 December 2003 and restored article 58(2)(b) of the Constitution. In effect, it empowers President Musharraf to sack a prime minister and dissolve the National Assembly, to seek a vote of confidence from parliament and the four provincial assemblies to sanctify dictatorship and allows him to remain army chief for one more year. For all effective purposes, Mr Mir Zafarullah Khan Jamali’s Prime Ministership depends on the whims of General Musharraf.

Since he took over the power in a coup on 12 October 1999, General Musharraf and his henchmen in the military and the Inter Services Intelligence have sought to silence all political dissent. Advocate Rana Sanaullah Khan, the PML (N) parliamentary leader in the Punjab Assembly was arrested soon after the October 1999 coup. He was once again arrested on 8 March 2003 by the Pakistan’s Inter Services Intelligence while leaving his law chambers at the Faisalabad district courts. He was whisked away, humiliated and tortured, and then dumped at a deserted point on the Faisalabad-Pindi Bhattian road. He had lacerations and bruises on his body, his eyebrows, moustache and his head was shaven by his captors. His apparent crime was to speak vociferously in the Punjab Assembly against the role of the military in Pakistan's politics citing the Hamoodur Rahman Commission’s report, which was released to the public after a quarter of a century under wraps. The War Inquiry Commission established in December 1971 under the chairmanship of then Chief Justice of Pakistan, Hamoodur Rahman held widespread atrocities, other abuses of power by Pakistani generals and a complete failure in civilian and martial law leadership responsible for the loss of East Pakistan

As the international community rightly focuses against denial of democracy all over the world, President Musharraf seems to have gained legitimacy by usurping powers of a democratic government. The sentencing of Mr Hashmi by the sessions court has been challenged before the Lahore High Court. It is essential that international community presses Pakistan to hold trial of Mr Hashmi in accordance with international standards on due process of law and fair trial. Pakistan’s pro-democracy movement must not be forgotten.