Despite the indictment of Musharraf, there is little change in Pakistan’s internal division of power.
The indictment of former Pakistan president Pervez Musharraf on five counts of high treason by the Balochistan High Court is a first for a military ruler of Pakistan. No top military commander has ever faced criminal prosecution in Pakistan before, let alone in a civilian court. Given the setback this looks like for Pakistan’s powerful army, it would appear the country is undergoing a structural change that would alter the equations between the army and the civilian leadership. Nobody expected the Musharraf trial to come this far, and that he could repeatedly fail to appear in court — forcing a non-bailable warrant against him — only served to undermine the court’s authority.
There was initial speculation that Nawaz Sharif’s government would never dare to initiate high-treason proceedings against a person still viewed by the army as its own. But the enmity between Sharif and Musharraf played out. Musharraf had deposed Sharif as prime minister in 1999, and would have possibly had him sentenced by the courts, had Saudi Arabia not intervened to design an exile for him. Today, the charges of treason against Musharraf include suspending, subverting and abrogating the constitution, imposing a state of emergency in November 2007 and detaining 60-odd senior judges. If found guilty, he could face death or life imprisonment. Since his return as PM last year, Sharif’s revenge now seems complete, in this reversal of roles.
But even as the court rejected Musharraf’s plea to travel abroad, it pointed out that a review of the Exit Control List to take his name off could only be done by the government. That’s when the army stepped in, and its chief has reportedly “advised” the government to let Musharraf go abroad — in keeping with the sentiment that with his indictment, the case should “come to a close” and Pakistan should “move on”. Moreover, Saudi Arabia, the most influential foreign player in Pakistan, is reportedly pressuring Sharif to let Musharraf go — just as they had persuaded the general to spare him in 2000. In the end, Pakistan is still a long way from structural changes that would alter its internal balance of power. The army is clawing its way out of the setback, but the government should use the symbolism of this trial to strengthen civilian authority.