Zardari snubs Kayani's call, ready to fight till the last bullet
Amir Mir in Islamabad
Rediff.com's Amir Mir analyses the controversial developments post the explosive Memogate scandal that rocked Pakistan and reveals President Asif Ali Zardari's resolve to take on forces that are out to topple him
In a dangerous development threatening the democratic dispensation in Pakistan, the country's all-powerful military and intelligence establishment and the frail political leadership finally stand eyeball to eyeball in the Supreme Court, which has begun hearing the Memogate scam from December 19 despite objections raised by the government that the Apex court should not have taken up the case when the matter was already being probed by the Parliament.
The Memogate scandal revolves around an alleged memorandum addressed to former US Army Chief Admiral Michael Mullen and seeking the help of the Obama administration (in the wake of the May 2 killing of Al Qaeda leader Osama bin Laden in a covert US Navy Seals raid) to ward off a possible military takeover in Pakistan.
American-Pakistani businessman Mansoor Ijaz alleged that former Pakistan Ambassador to the United States Husain Haqqani had asked him to deliver the confidential memo, seeking US assistance against the aggressive designs of the Pakistan Army.
Mansoor further alleged that the memo was drafted by Haqqani at the behest of President Asif Zardari and was delivered to Admiral Mike Mullen through former US national security adviser, General (retd) James Jones after the Abbottabad raid.
The issue was subsequently taken up by Army Chief General Ashfaq Pervez Kayani with President Zardari, asking him to summon Husain Haqqani back to Pakistan and initiate an inquiry against him.
Haqqani finally resigned following a November 22 high-level meeting of the civil-military top brass that included President Zardari, Prime Minister Gilani, Army Chief Kayani, ISI chief Lt Gen Pasha and Husain Haqqani.
The government subsequently referred the Memogate scam to the Parliamentary Committee of the National Assembly on National Security for a thorough inquiry. The committee was created by Prime Minister Yousuf Raza Gilani after the approval of a resolution in the joint session of the two Houses of Parliament and with the consent of all the ruling and opposition parties.
However, even before the committee could formally kick off its work, opposition leader and former Prime Minister Nawaz Sharif approached the Supreme Court, alleging that the memo was approved by the country's top political leadership and that the court should conduct an inquiry to fix responsibility.
In an unusual move, Sharif himself presented his case by reading out the entire petition in the Apex court, seeking action under Article 6 of the Constitution against key government personalities, in case the issuance of the memo is established.
A nine-judge larger bench headed by Chief Justice Iftikhar Chaudhry subsequently passed the order on December 1 at the end of the proceedings without much deliberation. The immediate affectee of the court order was obviously Hussain Haqqani who was barred from leaving the country without the prior permission of the court.
In its written ruling on the Memogate case, the Supreme Court observed: "We are conscious of the fact that the respondents, who include the President of Pakistan, the Army Chief, the ISI chief, etc, have to file their replies to explain their position. However, we may, at this stage, refer to the case of United States vs Richard M Nixon, President of the United States [418 US 683] wherein the then US President was facing proceedings before the Committee of the Senate, and at the same time, pre-trial evidence was being collected by a special prosecutor general, which was objected to by him and the matter went up to the US Supreme Court and ultimately it was resolved that such pre-trial evidence could be collected."
However, while the Federation, General Kayani, Lt Gen Pasha, Hussain Haqqani and Mansoor Ijaz have submitted their replies with the Apex court, President Zardari decided to abstain, probably because of the presidential immunity he enjoys under the Constitution.
Well-placed law ministry officials in Islamabad are amazed at the court's decision to also issue a notice to the President on Sharif's petition as they point out that under Article 248(2) of the Constitution, no criminal proceedings whatsoever can be instituted against the President of the country during his five-year term of office.
They point out that the only action that could be taken against the President is under Article 47 of the Constitution, which provides for impeachment. But the President could only be impeached by Parliament in order to pave the way for initiating criminal proceedings against him.
As the chief justice apparently thinks otherwise on the issue, he has already asked the attorney general of Pakistan to submit the reply of the President on the Memogate scam or the court would be bound to believe that he has confessed to his alleged involvement in the case.
What is bound to kick up a storm in the coming days and weeks is the complete difference of views between the government's response filed with the court and those of the Army and the ISI chiefs.
While General Kayani and Lt Gen Pasha have not only acknowledged the memo and described it a threat to the national security, the federal government has maintained that Sharif's petition, seeking court intervention in a case that has already been referred to a parliamentary committee, should simply be dismissed.
The government has also reiterated Haqqani's position that no one in the government and its bureaucracy was involved in preparing the memo sent to Admiral Mullen.
In its reply to the court, the federal government has also taken up the latest revelation made by Mansoor Ijaz in the British daily, The Independent, that before the unearthing of the Memogate scam, ISI chief had toured Arab states friendly to Pakistan, asking for their approval to evict President Zardari from the presidency.
It is generally believed that all actions by the incumbent ISI chief are taken with the prior approval of the Army chief. The allegation led many parliamentarians to seek the ISI chief's resignation for his involvement in an anti-government plot, as had been the case with Haqqani who had to quit over allegations of involvement in an anti-military plot.
In fact, the ISI chief had offered his resignation on May 13 while appearing before a joint session of the Parliament along with General Kayani to explain their collective failure and deficiencies that came to light in the wake of the May 2 raid in Abbottabad, which killed Osama bin Laden.
But President Zardari, who at that time was under tremendous pressure from the Sharif-led Pakistan Muslim League to remove the ISI chief and the Army chief, decided to give another chance to the current khaki leaders, who are now trying to dislodge their benefactor.
Analysts say that the Pakistani military and intelligence leadership was trying to restore its wounded pride ever since the Abbottabad raid and the Haqqani episode came as a golden opportunity to re-establish its diminishing authority over the civilians who had dared to make them answerable before Parliament.
But the most shocking aspect of the ongoing drama is that a twice elected prime minister (Nawaz Sharif), who himself had been dislodged by his hand-picked Army Chief (Gen Pervez Musharraf) in 1999, has decided to become a co-conspirator with the military establishment in yet another plot to dislodge a democratically-elected government.
There are unofficial reports that Nawaz Sharif and Lt Gen Shuja Pasha had a one-on-one meeting in Istanbul in the last week of October wherein it was decided that the establishment and the opposition would work together to get rid of the corrupt Zardari government before the upcoming elections of the Senate in March 2012 (in which the PPP is set to win majority in the upper house of Parliament).
However, while Sharif's close circles deny any such meeting, saying that Sharif had conducted a week-long visit of Turkey on the invitation of the Turkish President Abdullah Gul and Prime Minister Recep Tayyip Erdogan, those in the intelligence circles vehemently deny that Ahmed Shuja Pasha had travelled to Turkey during those days to see Sharif.
Interestingly, Army Chief General Ashfaq Kayani and ISI Chief Ahmed Shuja Pasha owe their current positions to President Zardari who had granted them unprecedented extensions upon expiry of their respective service tenures.
While Kayani was granted a second three-year term as the Army chief in July 2011, his right-hand ISI chief, Lt Gen Ahmad Shuja Pasha has already been given one-year extensions twice.
As his third one year tenure as the ISI boss is again coming to an end in March 2012, his close associates say Pasha is vying for yet another extension to give final touches to the future set up. The enormous interest Pasha had shown in taking up Memogate scam can be gauged from the fact that he had personally travelled to London last month to hold a one-on-one meeting with Mansoor Ijaz, which lasted for four hours.
More at:
Zardari snubs Kayani's call, ready to fight till the last bullet - Rediff.com News