Officially, Pakistan Army stays tight-lipped on Pervez Musharraf's claim of having the army on his side, however, his stay in AFIC for three months and the agencies' periodic security alerts which allowed the former Chief of Army Staff to plead security concerns for not appearing in court are obvious signs of military support, said analysts.
Musharraf's trial is in a Special Court comprising of civilian judges that nullified the Army Act which does not recognise the jurisdiction of civilian courts over Pakistani military officers. Under the Army Act, a serving military officer can be tried only in a military court even for charges relating to violation of civilian laws.
Prior to Musharraf's much publicized trial in civilian courts, the Public Accounts Committee unearthed massive financial mismanagement in NLC (National Logistics Cell) by two retired army officers. General Kayani thwarted their accountability in civilian courts by rehiring them in the military and insisting that they be tried in a military court. However, there has been no further accountability of these two generals since. The military has already made a "soft intervention" in General Musharraf's case when he was taken to the hospital on his way to a waiting court and his route to AFIC was changed by intelligence agencies, so stated a defence expert.
He added that the soft intervention may be a warning to Nawaz Sharif's government, the prosecutors and the judges that Musharraf's trial is unacceptable. If the government persists in its efforts to try the former general, a hard intervention in the form of a coup can not be ruled out, he warned. Defence analyst Talat Mahmood argues, "We should detach individuals from an institution, Musharraf served the country in the capacity of Chief of Army Staff and the then President of Pakistan. It is natural that the army is being targeted with the trial of its former chief of army staff. Army Chief should come up with some sort of statement to clarify the situation". He further remarked that there exists a lot of resentment within the army over Musharraf's trial and criticism of the army.
Asked whether there was any support within the army for Musharraf, he said that it is irrelevant at this stage the question is whether State is dealing with him according to law or adopting a doctrine of necessity. "It is unfair that one law is meant for one person and another law for another," he added. Colonel Inam-ur-Raheem (Retd), a legal expert dealing with military cases, said there is no provision under Army Act which may compel the army to provide legal assistance to Musharraf after his retirement. He stated the misappropriation of public money in the case of NLC was entirely different. Under Army Act, those involved in a scam were recalled and criminal proceedings initiated against them; however, the case of Musharraf is entirely different, he said, adding Musharraf "subverted the constitution".
An official of Pakistan Ex-Servicemen Association (PESA) said that it was evident from history that Pakistan army never owns any retired general unless he is declared a national hero. He brushed aside speculation that the army is protecting him because of his regular prolonged stay in AFIC, military hospital, by stating that Musharraf is over 60 years of age and would have health issues.
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