The armed forces and judiciary have their own internal accountability mechanisms. Accountability is like law, either it applies to everyone or no one. According to the Director General ISPR (Inter Services Public Relations) in the aftermath of the May 9 incidents two high level inquiries were conducted by GHQ as part of the internal accountability mechanism of the Army. Amongst the sacked serving officers were one-, two- and three-star generals. Also included in the list were family members of retired four- and three-star generals. There is a Punjabi saying; “Manji thalay daang maaro” (Wave your stick under your bed). While action on part of the High Command is appreciable. it must continue for the enhanced security of the nation and to stall future adventurism by men in uniform.
Till November 2022, five four-star Generals crossed the laid- down constitutional boundaries for which they should be held accountable. Ayub Khan, who promoted himself as Field Marshal (five stars) abrogated the 1956 constitution and imposed Martial Law in the country. Finally, when he was forced to leave in March 1969, Yahya Khan took over after deposing Ayub Khan and his imposed 1962 constitution. In the famous Asma Jilani’s case, the Supreme Court of Pakistan under Chief Justice Hamoodur Rehman declarnal accountability has not stopped four takeoversed the takeovers by Ayub and Yahya illegal and ordered the release of her father Ghulam Jilani Khan, the untiring activist for civilian supremacy and rule of law who was detained under the Martial Law orders.
As Bhutto had taken over from Yahya as Chief Martial Law Administrator (CMLA) an interim constitution had to be passed in 1972 under which Martial Law was lifted and Bhutto took oath of office as President. He remained in this position till the enactment of the permanent 1973 version.
Pervez Musharraf was tried and convicted under Article 6 of the constitution after which he had to flee the country to avoid punishment and returned only after his death. Zia the fourth usurper and chief tormentor of the nation escaped the law unscathed and so did Gen Qamar Javed Bajwa who has openly admitted to his role in destabilizing an elected government that has led to an unending crisis.
Now that the internal accountability mechanism has started it should also investigate the 5 July 1977 take over by Zia and the 19 April 2022 change of government when President Arif Alvi refused to take oath from the cabinet of an under-trial Prime Minister. Most analysts are of the opinion that the party-less 1985 elections resulted in the slide down which has continued unabated with the collapse of civilian institutions, with Police being the hardest hit. The destabilization of a functioning civilian regime that started in April last year led to the painful events of May 9. The excessive use of force on peaceful marchers of 25 May 2022 was also unprecedented in the history of political struggle in the country.
Internal Accountability can only be effective if neutrality prevails with focus on long term institutional interests while overriding personal loyalties. It should apply to all ranks including the four star-Generals who cross the constitutional boundaries.
Pakistan has been a constitutional democracy for half a century (1973 to 2023) yet the unanimously agreed agreement between the rulers and ruled has been repeatedly violated by successive military and civilian governments. Individuals who violated the legal boundaries were never held accountable for their misdeeds. The trial of Pervez Musharraf under Article 6 will go down in history as the hallmark of Nawaz Sharif’s political innings. It was because of this conviction that General Bajwa chose another clandestine route to power for which he should be held liable. Both Zia and Bajwa should face the internal accountability mechanism; it will indeed be a test of the viability of the system. Zia for his ‘Operation Fairplay’ which resulted in ‘Foul Pla ‘ and Bajwa for ‘Operation Regime Change’ which has led to unending instability and return of the Thugs to the corridors of power.
I had the chance of meeting Gen Muhammad Sharif, as Chairman Joint Chiefs of Staff Committee the senior most four-star General at the time of takeover in July 1977. According to him, he contacted Zia and asked him to go back to the barracks. Zia urged General Sharif to continue as CJSC with a promise to hold elections within the stipulated 90 days. When the promise of holding elections was not kept, General Sharif stepped down.
In the Supreme Court Zia promised to hold elections in the shortest possible time. He cheated the nation through a false referendum in which even religion was not spared. Zia’s misrule continued for over 11 years till he died in a plane crash in August 1988 paving way for general elections.
General Bajwa’s negative role in Kashmir has been recently discussed on the media. He forced his extension and then masterminded toppling the elected government and replacing it with corrupt politicians who then took care of their court cases while the economy collapsed. Five four-star Generals violated the constitution and ruled against the will of the people for which three of them have been held accountable (Ayub, Yahya, Musharraf). Zia and Bajwa’s conduct should also be investigated to send a clear message that no one is above the law not even four-star Generals. The process of accountability should not stop at the three-star level for it to be called an All Stars Internal Accountability Process of the Armed Forces of the Islamic Republic of Pakistan.
If this does not take place then the internal accountability system should go through thorough review together with the required reforms resulting in strengthening of the vital national institution. After which the internal accountability mechanism of the Judiciary should also be reviewed. The reference filed against the designated CJ was also mishandled. The Supreme Judicial Council failed to implement its findings as the brother judges intervened through a larger bench.
Internal Accountability can only be effective if neutrality prevails with focus on long term institutional interests while overriding personal loyalties. It should apply to all ranks including the four star-Generals who cross the constitutional boundaries.
