The fear of what might happen in Pakistan has come true. On November 3, 2007, Pakistan’s General Musharraf imposed martial law in the country again. Government functionaries had been making statements over the past week about the possibility of an emergency. But although the action is termed ‘emergency’, the fact is that the 1973 constitution is now held in abeyance and the Provisional Constitution Order (PCO) is issued by the army chief and not the president, who is the only office-bearer with the power to impose an emergency.

According to Pervez Musharraf, he was forced to impose emergency due to the threat of terrorism and the irresponsible behaviour of the judiciary. He accused the supreme court judges of siding with the terrorists. The superior court’s decision to hand the management of the Red Mosque to the previous management was cited as a case in point. Furthermore, the supreme court had been forcing the government to free people who were picked up by the intelligence agencies and held without any trial or explanation. This judicial activism, according to the president, denotes the self-serving attitude of the judiciary, which has also been accused in the past of having ties with India. Indian diplomats and journalists stationed in Islamabad have been accused of supporting judicial activism in the country. Finally, the judiciary was accused of threatening economic development in the country.

But was Musharraf successful in selling his arguments to his country? Certainly not. No one is willing to believe that the general was moved by the state of affairs in the country and not by his own interests. That he wished to retain maximum political power as well as his uniform was the message that emerged from his recent actions. In any case, the supreme court’s proceedings in the missing persons’ case — which pertains to all the people picked up by the intelligence agencies for involvement in terrorism or other unexplained reasons — are in public interest and not to strengthen the judiciary. What is even more interesting is the fact that the judge who decided in favour of the Red Mosque, Justice Nawaz Abbasi, has been sworn in under the PCO. So the issue is not of the judiciary supporting extremists, but Musharraf using this as an excuse.

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