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1999 Pakistani coup d'état

January 19, 2024

The 1999 military takeover in Pakistan[3] was a bloodless coup d'état initiated by the military staff at the Joint Staff HQ working under the Chairman of the Joint Chiefs of Staff Committee and Chief of Army Staff General Pervez Musharraf. The instigators seized control of the civilian government of the publicly elected Prime Minister Nawaz Sharif on 12 October 1999.[4] On 14 October, General Musharraf, acting as the country's Chief Executive, issued a controversial provisional order that suspended the Constitution of Pakistan.

1999 military takeover in Pakistan
Pervez Musharraf in army uniform
Operational scopeOperational
Location
Prime Minister's Secretariat in Islamabad
Planned byJS HQ in Rawalpindi, Punjab, Pakistan
Commanded by111th Infantry Brigade, X Corps
TargetSharif administration
Date12 October 1999 (1999-10-12)
17:00 – 22:50 Hrs (PKT)
Executed byArmy GHQ in Rawalpindi, Punjab, Pakistan
Outcome

Martial law was declared due to the breakdown of civil-military relations. Tensions between the Sharif administration and joint chiefs chairman General Musharraf reached a breaking point. In an attempt to maintain civilian control over the military, Lieutenant-General Ziauddin Butt, then Director of the ISI, was hastily approved for the appointment of the army chief, but the decision was opposed by senior members of the Joint Staff HQ, who refused to follow the new chain of command, deciding instead to direct the Military Police to detain General Butt and prevent his taking control of the military.[5]

The pace of the coup startled political observers; within 17 hours of Sharif's attempt to relieve General Musharraf, army commanders took control of all key government institutions throughout the country and placed Sharif and his administration, which included his brother, under house arrest.[6] Military police took control of the state broadcaster, radio and the entire critical communications infrastructure, and announced that Sharif had been dismissed.[6]

The Supreme Court of Pakistan led by Chief Justice Irshad Hassan Khan validated the martial law under a "doctrine of necessity" but limited its legality to three years.[7]: 118  Meanwhile, Sharif was tried by the Judge Advocate General Court and convicted of endangering the lives of all passengers aboard the aircraft carrying Musharraf,[8]: 56–57  with the military court upholding the decision.[8] When the decision was announced, it sparked fury in the conservative PML(N) but was welcomed by many of its political opponents.[8] In 2000, the Supreme Court accepted arguments that the coup was a "violation of the constitution". However, acting Chief Justice Ershad Hasan later argued of the constitutionality of the coup.[7]: 119–120 [9]: 112–115 

On 10 December 2000, Musharraf unexpectedly issued a pardon to Nawaz Sharif to be flown to Saudi Arabia.[10]: 167–168 [11]: 73–74  In 2016, Musharraf later confessed in an interview given to Kamran Shahid of Dunya that "he pardoned Sharif from life imprisonment on the request of King Abdullah and Rafic Hariri."[12]

In 2001, Musharraf issued the executive decree and eventually forced President Rafiq Tarar to resign in order for Musharraf to assume the presidency.[13] In light of the Supreme Court's verdict, the national referendum was held on 30 April 2002, allowing himself to continue his rule,[14][15] but was alleged by many (including the Human Rights Commission of Pakistan) to be fraudulent.[14][15] In 2002, the general elections restored democracy when the Musharraf-backed PML(Q), the libertarians, were able to form a minority government who would later nominate Musharraf for the 2004 presidential elections. In 2007, President Musharraf eventually imposed another martial law by having suspended the populist Chief Justice IM Chaudhry, leveling charges of corruption and misconduct. Unlike the earlier martial law, Musharraf was widely disapproved, inviting mass demonstrations led by Nawaz Sharif, Musharraf eventually resigned in an attempt to avoid impeachment in the Parliament.[16]

Sharif was acquitted in 2009 from the 1999 hijacking case[17] and in 2014 acquitted of the money laundering and corruption cases from an accountability court.[18]

Events leading towards the martial law edit

Relief of General Jehangir and Kargil debacle edit

Main articles: Prime Minister Nawaz Sharif's relief of General Jehangir Karamat and Kargil War

In 1997, Nawaz Sharif and his conservative Pakistan Muslim League-N won a landslide victory in the general elections, resulting in a two-thirds majority in the National Assembly– the lower house of bicameral Parliament of Pakistan.[19]

His second tenure was marked with a serious legal confrontation with the Supreme Court courted by Chief Justice Sajjad Ali Shah over the legality and technicality of Thirteenth Amendment and the Ehtesab Act, 1997 (lit. Accountability Act, 1997).[19] Chief Justice Shah had been battling in the Supreme Court for his legitimacy due to many senior justices had seen his appointment as "inappropriate and political", having been appointed by former prime minister Benazir Bhutto in 1994.[20] On 29 October 1997, Chief Justice Shah and his bench decided to hear the petition filed by the Pakistan Peoples Party's lawyers and suspended the implementation of bills.[21]: 45–46  Prime Minister Sharif reacted angrily to the Court's actions, by issuing an intemperate public diatribe particularly against Chief Justice Shah.[21]: 45–46  On 2 November 1997, Chief Justice Shah summoned Prime Minister Sharif for contempt of court but this order was viewed "null and voided" when two senior justices at the Supreme Court issued a counter-order.[21]: 45–46  On 30 November 1997, Prime Minister Sharif appeared before the Supreme Court but his partisans stormed the Supreme Court Building forcing Chief Justice Shah to remove the finding of contempt against Sharif.[22]: 190  While the police gained control of the situation to restore law and order, the whole nation witnessed traumatising and terrifying scenes on their television screens broadcast by the news media all over the country.[22]: 190 

Subsequently, the Supreme Judicial Council took up a case against the appointment of Chief Justice Shah on 23 December and declared Chief Justice Shah's appointment "illegal and unconstitutional" that eventually forced him to resign from his office on 2 December 1997.[21]: 46  President Farooq Leghari who supported the cause of Chief Justice Shah also had to resign when army chief General Jehangir Karamat and Chairman joint chiefs Air Chief Marshal Feroze Khan intervened to resolve the crises.[23]: 175–176  Prime Minister Sharif eventually appointed his Chief Justice Saeeduzzaman Siddiqui based on merit qualification and offered presidency to former supreme court justice Rafiq Tarar who was elected in 1998.[19]

In 1998, Prime Minister Sharif effectively relieved Chairman joint chief General Jehangir Karamat from the command of the military when General Karamat delivered a college lecture at the Naval War College in Karachi.[24]: 107–108  At this lecture, General Karamat called for establishing the National Security Council (NSC) which would be backed by a "team of civil-military experts" for devising policies to seek resolution ongoing problems relating the civil-military issues; also recommended a "neutral but competent bureaucracy and administration of at federal level and the establishment of Local governments in four provinces.[25]: 66–68 

Relieving of General Karamat plummeted Sharif's own public approvals and his relations with the military, as even his senior Cabinet ministers were in disagreement of Sharif's decision.[26] Many political observers were taken in complete surprise since the dismissal of four-star rank general had never happened before in country's short history.[27]: 145–146 

Eventually, Sharif chose then-Lieutenant-General Pervez Musharraf over two senior army generals for the appointment to post of the army chief and acting Chairman joint chiefs.[28]: 64–67  A year later, the civil military relations took a sharp turn in the opposition of Sharif when he invited and received Indian Prime Minister Atal Vajpayee in Lahore for peace talks, much to agitation of General Musharraf who did not welcome outcomes of Lahore Summit.[29]: 150–151 

In 1999, the Pakistan Army soldiers secretly crossed the Line of Control (LoC) and infiltrated in Kargil on the direct orders issues by General Musharraf, bringing the two nations at the brink of war.[30]: 118–121  The Indian Army reacted with launching of full-fledged military coordinated military operations while Indian government effectively put diplomatic pressure of Sharif's government to withdraw the soldiers from the Kargil sector.[31] Both Sharif and General Musharraf held each other responsible for the actions in the Kargil sector, charging each other of lying and hiding details of the hostilities to the nation.[32]

At the public circle, Sharif assigned blame for the political/diplomatic disaster on General Musharraf, and Musharraf placing the blame of disaster on Prime Minister Sharif.[33] In September 1999, General Musharraf forcefully retired Lieutenant-General Tariq Pervez who was known to be close to Sharif and cousin of Raja Nadir Pervez, the Communication Minister.[34]: 39 

Upon meeting with Sharif, General Tariq Pervez had ultimately warned Sharif of "making any move against General Musharraf or the army would strike."[34]: 39 

Revolt of the Admiral edit

The revolt of Admiral Fasih Bokhari, the Chief of Naval Staff, over Sharif's public decision of extending General Musharraf's tenure as Chairman Joint Chiefs until 2001 was another issue that saw the breaking down of civil-military relations. About the Kargil war, Admiral Bokhari was not of the view of supporting the Pakistan Army's engagement with the Indian Army as appropriate and subsequently lodged a powerful protest against General Musharraf's grand strategy while recommending the constitution of a Commission to completely probe the Kargil issue.[35]

At the country's news media, Admiral Bokhari publicly questioned the effectiveness of the military strategy behind the Kargil infiltration and was very critical of General Musharraf's unilateral decisions involving the national security, as chairman joint chiefs, without considering the opinions of chiefs of staff of air force and the navy.[36]

In 1999, Sharif quarrelled with Admiral Bokhari and his Navy NHQ staff over the merit-based appointment of General Musharraf to the Chairman Joint Chiefs that was only meant to be temporary and it was hoped that Admiral Bokhari would be appointed to the post.[37]: contents [38] In August 1999, there were rising tensions between Admiral Bokhari and Prime Minister Sharif over issue of incident took place in Sir Creek, although both had kept the working relations on good terms.[39]

In September 1999, General Musharraf had sent a message to Prime Minister Sharif that "anyone in the Navy and Air Force can become the Chairman Joint Chiefs as I did not care."[40]: 111  General Musharraf reportedly backed Admiral Bokhari's bid for the Chairman Joint Chiefs but he was overshadowed by the Prime Minister who confirmed and extended General Musharraf's term until 2001.[41]

Civil-military relations were further damaged when Admiral Bokhari lodged a strong protest against this decision in the news media and reportedly revolted against Prime Minister Sharif's appointment for the Chairman Joint Chiefs in 1999.[42] Admiral Bokhari abruptly tendered his resignation to the Prime Minister Sharif and noted to Sharif that since General Musharraf was his junior and often referred to him as "Sir".[42]: 1265 [43]

On 5 October 1999, Admiral Bokhari resigned from the command of the Navy as the news media construed Admiral Bokhari's resignation merely as unhappiness over not being appointed as Chairman of the Joint Chiefs of Staff Committee.[42] Admiral Bokhari's revolt saw the meltdown of the civil-military relations between the elected civilian government and the military leaders that eventually led to the military overtaking the civilian government by dismissing Prime Minister Sharif on 12 October 1999.[44]: 63 

The military takeover edit

 
Jinnah International Airport, where Chairman Joint Chiefs Gen. Musharraf landed in Karachi, c.] 2006.

In the aftermath of the Kargil War, followed by the Atlantique incident, there were widespread rumors and media speculations in the television news media about the either possible military takeover or resignation of General Musharraf in September 1999.[45]

In October 1999, General Musharraf paid an official visit to Sri Lanka on an invitation of Sri Lankan Army Commander Lieutenant-General Srilal Weerasooriya. Ultimately, Prime Minister Sharif dismissed General Musharraf from the command of the military and nominated Lieutenant-General Ziauddin Butt, the DG ISI, over several army officers on 12 October 1999.[46] Developments came when General Musharraf, along with Major-General Tariq Majid and Brigadier Nadeem Taj, returned to Pakistan on a PIA 777-200.[47]

According to the sources, the Civil Aviation Authority (CAA) was ordered by Sharif to divert the plane to India but then it was rerouted to Shaheed Benazirabad, then known as Nawabshah.[47] When this was failed to comprehend by the pilot, the CAA was ordered to close the runways by turning off the edge lights at the Jinnah International Airport in an attempt to refuse the landing.[47] The units of military police led by Lieutenant-General Iftikhar sealed the civilian airport and seized the control of the control tower, allowing the plane to land on a runway. From the control tower, then Karachi Corps Commander General Muzaffar Hussain Usmani contacted General Musharraf, in his flight and assured him that landing the plane was safe since the army now controlled Jinnah Terminal. The military police seized the control of the state-run media television headquarters and encircled the Prime Minister Secretariat building while gaining control of the international airports and cutting off the international phone lines.[48][49]

There were four army generals who were central in staging the coup against Sharif's government that included General Musharraf General Ehsan ul Haq, Aziz Khan, Mahmood Ahmad and Shahid Aziz. They played a crucial role in installing General Musharraf as Chief Executive while they detained Sharif in a local prison.[50]: 185–185  On 14 October 1999, Musharraf appeared on television to declare a state of emergency and issued a Provisional Constitutional Order that ultimately suspended the writ of the Constitution of Pakistan and dissolved the National Assembly and four provincial assemblies, although they left Muhammad Rafiq Tarar in office as President.[51]

However, General Musharraf strongly objected the wordage use of "martial law" or "coup d'état", instead insisting that: "This is not martial law, only another path towards democracy."[52] The ISPR also confirmed that "There is no martial law in the country."[3]

Text of Proclamation of Emergency edit

Soon after taking over the country, an emergency was declared in the country. Following is the text of the Proclamation of Emergency declared by Musharraf:[53]

In pursuance of deliberations and decisions of chiefs of staff of the Armed Forces and corps commanders of Pakistan Army, I General Pervez Musharraf, chairman joint chiefs of staff committee and chief of army staff, proclaim emergency throughout Pakistan and assume the office of the chief executive of the Islamic Republic of Pakistan.

I hereby order and proclaim as follows:

(a) The constitution of the Islamic Republic of Pakistan shall remain in abeyance

(b) The President of Pakistan shall continue in office

(c) The National Assembly, the Provincial Assemblies and Senate shall stand suspended

(d) The chairman and deputy chairman of the Senate, the speaker and deputy speaker of the National Assembly and the provincial assemblies shall stand suspended

(e) The prime minister, the federal ministers, ministers of state, advisers to the prime minister, parliamentary secretaries, the provincial governors, the provincial chief ministers, the provincial ministers and the advisers to the chief ministers shall cease to hold office

(f) The whole of Pakistan will come under the control of the Armed Forces of Pakistan.

This proclamation shall come into force at once and be deemed to have taken effect on the 12th day of October, 1999.

Text of Provisional Constitutional Order 1999 edit

Following is the text of Provisional Constitutional Order (PCO) promulgated by Musharraf. After its proclamation, the order was modified on multiple occasions:[54]

In pursuance of Proclamation of the 14th day of October, 1999, and in exercise of all powers enabling him in that behalf, the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and Chief Executive of the Islamic Republic of Pakistan under the Proclamation of Emergency of 14th day of October 1999 (hereinafter referred to as the Chief Executive) is pleased to make and promulgate the following Order:

1.

(1) This Order may be called Provisional Constitution Order No.1 of 1999;
(2) It extends to the whole of Pakistan;
(3) It shall come into force at once.

2.

(1) Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution, Pakistan shall, subject to this Order and any other Orders made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution.
(2) Subject as aforesaid, all courts in existence immediately before the commencement of this Order, shall continue to function and to exercise their respective powers and jurisdiction provided that the Supreme Court or High Courts and any other court shall not have the powers to make any order against the Chief Executive or any person exercising powers or jurisdiction under his authority;
(3) The Fundamental Rights conferred by Chapter I of Part II of the Constitution, not in conflict with the Proclamation of Emergency or any Order made thereunder from time to time, shall continue to be in force.

3.

(1) The President shall act on, and in accordance with the advice of the Chief Executive;
(2) The Governor of the Province shall act on, and in accordance with the instructions of the Chief Executive.

4.

(1) No Court, Tribunal or other authority shall call or permit to be called in question the proclamation of Emergency of 14th day of October, 1999 or any Order made in pursuance thereof.
(2) No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal against the Chief Executive or any authority designated by the Chief Executive.

5. Notwithstanding the abeyance of the provisions of the Constitution, but subject to the Orders of the Chief Executive, all laws other than the Constitution shall continue in force until altered, amended or repealed by the Chief Executive or any authority designated by him.

6. The Proclamation of Emergency issued on 28th day of May 1998, shall continue but subject to the provisions of Proclamation of Emergency dated 14th day of October 1999 and this Provisional Constitution Order and any other Order made thereunder.

7. All persons who, immediately before the commencement of this Order, were in the service of Pakistan as defined in Article 260 of the Constitution and those persons who immediately before such commencement were in office as Judge of the Supreme Court, the Federal Shariat Court or a High Court or Auditor-General or Ombudsman and Chief Ehtesab Commissioner, shall continue in the said service on the same terms and conditions and shall enjoy the same privileges, if any.

Impact edit

Upon hearing the news of Sharif's arrest, the PML(N) partisans and the party leadership led by Javed Hashmi, a conservative politician in Lahore and Mamnoon Hussain in Karachi called out and led massive street demonstrations and protests in the streets of Lahore, Karachi, and other cities.[55]: 2432 

The conservative supporters of Nawaz Sharif did not welcome this coup and saw this event as a conspiracy but many of Sharif's rivals welcome this coup, eventually holding celebration parties around different parts of the country.[20] Although there were reports of unconfirmed media blackout of Sharif-aligned conservative media, no restrictions were imposed on the liberal/libertarian news media.[20]: 416–418 

There were reports of repression and human rights abuse taken place by the authorities under General Musharraf, as the pro-democracy demonstrations were forcefully and effectively crushed by Musharraf's regime.[20]

Legality and legitimacy of the coup edit

 
The Supreme Court of Pakistan in c. 2004.

The Supreme Court of Pakistan courted by the Chief Justice Saeeduzzaman Siddiqui partially provided the legality of the martial law in a view of "doctrine of necessity" after Musharraf's lawyer Sharifuddin Pirzada argued for the martial law on technicality, but its legality was only limited to three years.[7]: 25 [56]: 118  Meanwhile, Sharif was tried by the military judge advocate general where allegations of corruption, terrorism, and money laundering were leveled against him.[8]: 56–57  Eventually, the military court's inconclusive rulings found him to be guilty and convicted him for risking the life of all the passengers on board including the sitting Chairman joint chiefs.[8]: 57 

On 15 November 1999, the Supreme Court of Pakistan decided to hear the petitions filed by PML-N's lawyer Zafar Ali Shah on behalf of Sharif and Aitzaz Ahsan requesting a supreme court's intervention to declare the military takeover "illegal and unconstitutional", and order the restoration of Sharif's government and reinstatement of the National Assembly and four provincial assemblies that were suspended.[57] The PML(N)'s lawyers began their court battle with the Musharraf's lawyers when additional petitions were filed by PML(N), Muslim Welfare Movement, and Wahabul Khairi, an advocate challenging the legality of the coup.[58]

On 1 December 1999, a five-member bench of the Supreme Court was constituted to hear these appeals and as lawyers of each side to present cases of their clients. The bench headed by Chief Justice Saeeduzzaman Siddiqui and head Justice Bashir Jahangiri, Justice Nasir Aslam Zahid, Justice Abdur Rehman Khan and Justice Wajihuddin Ahmed as other members.[58]

Provisional Constitutional Order judges oath edit

As the hearing progressed at the Supreme Court, the legality and legitimacy of the coup became an important issue while Sharif's lawyers successfully argued for reinstating the writ of the constitution. Chief Justice Saeeduzzaman Siddiqui along with other chief justices were in clear view of this coup as a "violation of the constitution" as Sharif's lawyers made a ground base for finding Musharraf of treason.[7]: 119–120 [59]

On 26 January 2000, Chief Executive Musharraf, acting on the advice of Sharifuddin Pirzada, quickly promulgated the Provisional Constitutional Order and asked Chief Justice Siddiqui alongside other justices to take a new oath under this provision.[60] Chief Justice Saeeduzzaman Siddiqui and other nine judges of the thirteen Supreme Court justices refused to take the oath which became an issue identified as the "biggest challenge" to the new government.[9]: 112–115  Eventually, Chief Justice Saeeduzzaman Siddiqui and other nine judges resigned from their respected appointments, followed by a number of other High Court justices also refused to take the oath.[60]: 24  The Provisional Constitutional Order disallowed challenging any actions made by the military-led by General Musharraf, and many judges who refused to take the oath cited infringements upon the judiciary system such as this as their reasoning for refusing.[9]: 115  The Provisional Constitutional Order provided Musharraf legal protection of his actions in regards to the military taker over and bared any court in the country for taking any legal actions against Musharraf or those who were responsible for the military coup.[4]

Asma Jahangir, a Pakistani lawyer and human rights advocate, reportedly stated: "The military rulers are doing their best to erode the independence of the judiciary. I salute those judges who have refused to take the oath."[4]

Aftermath edit

Pardon of Sharif and 2002 referendum edit

On 9–10 December 2000, Chief Executive Pervez Musharraf unexpectedly issued a pardon of Nawaz Sharif and allowed the immediate members of former first family to travel to Saudi Arabia on a private jet provided by the Saudi Royal Family.[10]: 167–168 [11]: 73–74  Details emerged in successive years of this pardon that resulted in a forced signing of an agreement that put him in exile for a decade.[61]: 366 [62] However, this agreement was voided in successive years when Musharraf himself went to court to bar Sharif from returning to Pakistan in 2007.[61]: 366 

In 2016, Musharraf later confessed in an interview given to Kamran Shahid of Dunya that "he pardoned Nawaz Sharif from life imprisonment on the request of King Abdullah and Rafic Hariri".[12]

On 12 May 2000, the Supreme Court of Pakistan courted by Chief Justice Irshad Hasan finally legalized the coup but ordered to hold a nationwide election to restore the writ of the government.[63]

In 2001, General Musharraf issued the executive decree, of which, President Tarar was of the view that such decree was unconstitutional and illegal. Eventually, Musharraf forcefully removed President from his office when the latter forced President Tarar to forcefully resigned as president.[13][64] In the light of Supreme Court's verdict, the national referendum was held on 30 April 2002, allowing himself to continue his rule.[14][15] The referendum, which Musharraf won with almost 98% of the votes in his favour, was alleged by many, including the Human Rights Commission of Pakistan, to be fraudulent.[14][15]

Allegations of illegitimacy edit

Human rights groups such as Amnesty International Pakistan and Human Rights Commission and others had denounced the referendum as extremely fraudulent in 2002. The Reuters journalists claimed to see ballot stuffing and pressure to vote being placed on governmental employees.[15] Ibn Abdur Rehman, director of the Human Rights Commission, dismissed the referendum as "farcical", also claiming that votes were stuffed.[15] The Amnesty International Pakistan and the Human Rights Commission of Pakistan stated that the voting irregularities "exceeded its worst fears".[15]

The PML(N), backed by the Human Rights Commission, challenged the results of the referendum but Chief Justice Irshad Hasan Khan dismissed the petitions while rejecting the challenge and upholding the results.[14] Information Minister Nisar Memon dismissed allegations of fraud as propaganda created by the opposition and stated that "Those who opposed the referendum preferred to stay at home and didn't create any problem."[14]

The credibility of the claims of illegitimacy is added when American Pattan Development Organization conducted a Gallup survey that founded that the "people are likely to elect either Benazir Bhutto or Nawaz Sharif as the next prime minister" in preference to President General Pervez Musharraf.[65] According to the survey, Musharraf had only 9% public approval as opposed to Benazir Bhutto and Nawaz Sharif.[65]

Foreknowledge about coup edit

In 1999, Lt. Gen Tariq Pervez, Commander, XII Corps, had ultimately warned Nawaz Sharif of a military take over if Musharraf were dismissed from the command of the military.[34]: 39  In the television news media and the political pundits had long speculating of a military takeover in the country as soon as General Karamat was dismissed by Prime Minister Sharif, and General Musharraf himself had sent a secret message of serious repercussion if he was to be removed.[40]: 111  It is claimed by authors that Prime Minister Sharif had well political intelligence on Musharraf's intention and had sought US President Bill Clinton's help against the military intervention.[66]: 63–64 

In 1999, Benazir Bhutto held all blames on Nawaz Sharif for the military takeover and criticized him stating "the man is violating every rule of law and, there is no-one to stop him."[67]

In 2002, Admiral Bokhari quoted that: he knew about General Musharraf's plans to topple [Prime Minister] Nawaz Sharif and did not want to be part of these "Dirty Games".[68] Admiral Bokhari also noted that a power struggle between an elected Prime Minister and appointed-Chairman joint chiefs ensued and relations were severely damaged after the Kargil war.[34]: 37–38 

Admiral Bokhari testified in media that: "The two men could not work together, both were preparing to take active actions against each other. I could see that there now two centres of power on a collision course".[34]: 37  At an informal meeting held at the Navy NHQ in September 1999, Chairman Joint Chiefs General Musharraf indicated his displeasure with Prime Minister Nawaz Sharif's handling of the country describing Prime Minister Sharif as "incompetent and incapable of running the country."[34]: 38  Admiral Bokhari firmly got the impression whether General Musharraf was sounding out to rely on the support from the Navy in events of the coup and Admiral Bokhara discouraged the Chairman joint chiefs from doing so.[34]: 38 

In 2003, Musharraf squarely blamed Nawaz Sharif for the military take over and held responsible for the martial law against his government while accused him of being an autocrat and weakening the might of the military.[69]

Legacy edit

Political opposition and dissents edit

In a views of historian, Mazhar Aziz, the military coup d'état is seen as an "striking example in the case study of civil military relations" in a post–Cold War era.[70]: 76 

In 1999 and in 2004, Sharif extended his apologizes to various journalists and reporters for any wrongdoings and worked towards mending better relations with influential conservative news media after his exile.[26][52] In 2001, the PML(N) and its rival PPP reached a compromised when the formed democracy restoration alliance in a view to oust President Musharraf.[71]: 58  Major agitations took place in 2005 against President Musharraf's anti-terrorism policy and controversial amendments made in the constitution.[71]: 58  In 2006, Sharif joins hand with Benazir Bhutto in opposition to Musharraf when both signed an agreement to restore parliamentary democracy in the country.[72]

In 2006, the PML(N) issued a white paper concerning the Kargil events and Nawaz Sharif personally apologized to former Chief Justice Sajad Ali Shah and the former president Farooq Leghari for his role and his party's actions.[73] Sharif also extended his apology to General Karamat and Admiral Fasih Bokhari for overlooking him for the appointment of the Chairman joint chiefs.[73]

In 2007, Nawaz Sharif with his family, accompanied by his daughter, returned to Pakistan with thousands of his supporters receiving Sharif family.[74] In 2008, Sharif spearheaded the judicial activism in order to protest the suspension of Chief Justice I.M. Chaudhry by Musharraf.

Opposition and dissent within the military edit

In 2001–03, the principal four army generals, General Ehsan ul Haq, Gen. Aziz Khan, Lt-Gen. Mahmud Ahmed, and Lt-Gen. Shahid Aziz later regretted their role in bringing Gen. Musharraf in power when all four generals were forced out from their service due to opposition showed to President Musharraf's policies. General Aziz Khan was retired as a four-star general from the position of CJCSC in 2005 and was succeeded by General Ehsan ul Haq, who was retired as a four-star general from the position of CJCSC in 2007 (the longest service by any of Gen. Musharaff's closest generals). General Mahmud Ahmed was retired on 08 October 2001 as DG-ISI (The Day United States started its war in Afghanistan). General Shahid Aziz was retired in 2004 as Lt-Gen.[75]: 184 [76]: 156 

Trial and sentence edit

On 17 December 2019, Musharraf was handed the death sentence for treason by a three-member bench of a special court in Pakistan.[77]

See also edit

References edit

  1. ^ Harding, Luke (11 December 2000). "Pakistan frees Sharif to exile in Saudi Arabia". The Guardian. London.
  2. ^ Haque, Ihtasham-ul (23 October 1999). "Musharraf addresses nation: Security Council to run state affairs". asianstudies.github.io. No. 5/43. Dawn Wire Service, Haque. Dawn Newspapers. Retrieved 8 February 2017.
  3. ^ a b Abbasi, Ansar (16 October 1999). "No martial law in country". asianstudies.github.io. No. 5/42. Dawn wire service, Abbasi. Dawn Newspapers. Retrieved 8 February 2017.
  4. ^ a b c "Pakistan Judges Refuse Oath Demanded by Pakistan's Rulers". Waycross Journal-Herald. 31 January 2000. Retrieved 7 May 2011.
  5. ^ Bhattacharya, Brigadier Samir (2014). Nothing But!. Partridge Publishing. ISBN 9781482817874. Retrieved 3 February 2017 – via Google Books.
  6. ^ a b "How the 1999 Pakistan coup unfolded". BBC News. 23 August 2007. Retrieved 3 February 2017.
  7. ^ a b c d Hirschl, Ran (2010). Constitutional Theocracy. Cambridge, Mass.: Harvard University Press. ISBN 9780674059375. Retrieved 3 February 2017.
  8. ^ a b c d e Baxter, Craig (2003). "Sharif in the Dock". Pakistan on the Brink: Politics, Economics, and Society. Lanham, MD: Lexington Books. ISBN 9780739104989. Retrieved 3 February 2017.
  9. ^ a b c Jan, Abid Ullah (2005). "The Height of Collective Helplessness". The Musharraf Factor: Leading Pakistan to Inevitable Demise (Trade paperback ed.). Ottawa: Pragmatic Publishing. ISBN 9780973368710. Retrieved 3 February 2017.
  10. ^ a b Joshi, Srivastava (2005). "The Foreign Policy of the United States". International Relations. New Delhi India: Krishna Prakashan Media. p. 199. ISBN 9788185842707. Retrieved 3 February 2017.
  11. ^ a b Wolpert, Stanley (2010). "Recent attempts to resolve crises". India and Pakistan Continued Conflict or Cooperation?. Berkeley: University of California Press. p. 113. ISBN 9780520948006. Retrieved 3 February 2017.
  12. ^ a b Shahid, Kamran (7 November 2016). "King Abdullah said Nawaz was his friend, had to let him go: Musharraf - Pakistan - Dunya News". dunyanews.tv. No. 2. Dunya News, Shahid. Dunya News. Retrieved 3 February 2017.
  13. ^ a b Reddy, B. Muralidhar (20 June 2002). "Rafiq Tarar forced to quit?". The Hindu. Archived from the original on 28 January 2015. Retrieved 3 February 2017.
  14. ^ a b c d e f de Vries, Lloyd (1 May 2002). "Musharraf Claims Victory In Pakistan". CBS News. Retrieved 7 May 2011.
  15. ^ a b c d e f g "Musharraf wins huge backing". BBC. 1 May 2002. Retrieved 23 August 2013.
  16. ^ Dummett, Mark (18 August 2008). "Pakistan's Musharraf steps down". Work and report completed by BBC correspondent for Pakistan Mark Dummett. BBC Pakistan, 2008. BBC Pakistan. Retrieved 5 January 2015.
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External links edit

  • Pakistan after the coup: Special report, BBC News report
  • Strategic Affairs Analysis 27 September 2007 at the Wayback Machine
  • 1999 Kargil Conflict

January 19, 2024
1999, pakistani, coup, état, 1999, military, takeover, pakistan, bloodless, coup, état, initiated, military, staff, joint, staff, working, under, chairman, joint, chiefs, staff, committee, chief, army, staff, general, pervez, musharraf, instigators, seized, co. The 1999 military takeover in Pakistan 3 was a bloodless coup d etat initiated by the military staff at the Joint Staff HQ working under the Chairman of the Joint Chiefs of Staff Committee and Chief of Army Staff General Pervez Musharraf The instigators seized control of the civilian government of the publicly elected Prime Minister Nawaz Sharif on 12 October 1999 4 On 14 October General Musharraf acting as the country s Chief Executive issued a controversial provisional order that suspended the Constitution of Pakistan 1999 military takeover in PakistanPervez Musharraf in army uniformOperational scopeOperationalLocationPrime Minister s Secretariat in IslamabadPlanned byJS HQ in Rawalpindi Punjab PakistanCommanded by111th Infantry Brigade X CorpsTargetSharif administrationDate12 October 1999 1999 10 12 17 00 22 50 Hrs PKT Executed byArmy GHQ in Rawalpindi Punjab PakistanOutcomeMilitary takeover of the federal government of Nawaz Sharif in a bloodless coup Mass and nationwide arrest of PML N workers and detainment of PML N s leadership due to the corruption and bad governance of PML N Nawaz Sharif and Shahbaz Sharif arrested and later exiled as a result of an agreement on 10 11 December 2000 1 General Musharraf became Chief Executive and reformed National Security Council to run the state affairs of the country 2 The writ of Constitution provisionally suspended Suspension of Pakistan from the Commonwealth of Nations Chief Justice of Pakistan including nine Senior justices refused to take an oath and resigned Media blackout of Sharif aligned conservative mass media No censorship imposed on liberal libertarian mass media President Rafiq Tarar forced to resign from office Pakistani general election 2002 End of the two party system in PakistanMartial law was declared due to the breakdown of civil military relations Tensions between the Sharif administration and joint chiefs chairman General Musharraf reached a breaking point In an attempt to maintain civilian control over the military Lieutenant General Ziauddin Butt then Director of the ISI was hastily approved for the appointment of the army chief but the decision was opposed by senior members of the Joint Staff HQ who refused to follow the new chain of command deciding instead to direct the Military Police to detain General Butt and prevent his taking control of the military 5 The pace of the coup startled political observers within 17 hours of Sharif s attempt to relieve General Musharraf army commanders took control of all key government institutions throughout the country and placed Sharif and his administration which included his brother under house arrest 6 Military police took control of the state broadcaster radio and the entire critical communications infrastructure and announced that Sharif had been dismissed 6 The Supreme Court of Pakistan led by Chief Justice Irshad Hassan Khan validated the martial law under a doctrine of necessity but limited its legality to three years 7 118 Meanwhile Sharif was tried by the Judge Advocate General Court and convicted of endangering the lives of all passengers aboard the aircraft carrying Musharraf 8 56 57 with the military court upholding the decision 8 When the decision was announced it sparked fury in the conservative PML N but was welcomed by many of its political opponents 8 In 2000 the Supreme Court accepted arguments that the coup was a violation of the constitution However acting Chief Justice Ershad Hasan later argued of the constitutionality of the coup 7 119 120 9 112 115 On 10 December 2000 Musharraf unexpectedly issued a pardon to Nawaz Sharif to be flown to Saudi Arabia 10 167 168 11 73 74 In 2016 Musharraf later confessed in an interview given to Kamran Shahid of Dunya that he pardoned Sharif from life imprisonment on the request of King Abdullah and Rafic Hariri 12 In 2001 Musharraf issued the executive decree and eventually forced President Rafiq Tarar to resign in order for Musharraf to assume the presidency 13 In light of the Supreme Court s verdict the national referendum was held on 30 April 2002 allowing himself to continue his rule 14 15 but was alleged by many including the Human Rights Commission of Pakistan to be fraudulent 14 15 In 2002 the general elections restored democracy when the Musharraf backed PML Q the libertarians were able to form a minority government who would later nominate Musharraf for the 2004 presidential elections In 2007 President Musharraf eventually imposed another martial law by having suspended the populist Chief Justice IM Chaudhry leveling charges of corruption and misconduct Unlike the earlier martial law Musharraf was widely disapproved inviting mass demonstrations led by Nawaz Sharif Musharraf eventually resigned in an attempt to avoid impeachment in the Parliament 16 Sharif was acquitted in 2009 from the 1999 hijacking case 17 and in 2014 acquitted of the money laundering and corruption cases from an accountability court 18 Contents 1 Events leading towards the martial law 1 1 Relief of General Jehangir and Kargil debacle 1 2 Revolt of the Admiral 2 The military takeover 2 1 Text of Proclamation of Emergency 2 2 Text of Provisional Constitutional Order 1999 3 Impact 3 1 Legality and legitimacy of the coup 3 2 Provisional Constitutional Order judges oath 4 Aftermath 4 1 Pardon of Sharif and 2002 referendum 4 2 Allegations of illegitimacy 4 3 Foreknowledge about coup 5 Legacy 5 1 Political opposition and dissents 5 2 Opposition and dissent within the military 6 Trial and sentence 7 See also 8 References 9 External linksEvents leading towards the martial law editRelief of General Jehangir and Kargil debacle edit Main articles Prime Minister Nawaz Sharif s relief of General Jehangir Karamat and Kargil War In 1997 Nawaz Sharif and his conservative Pakistan Muslim League N won a landslide victory in the general elections resulting in a two thirds majority in the National Assembly the lower house of bicameral Parliament of Pakistan 19 His second tenure was marked with a serious legal confrontation with the Supreme Court courted by Chief Justice Sajjad Ali Shah over the legality and technicality of Thirteenth Amendment and the Ehtesab Act 1997 lit Accountability Act 1997 19 Chief Justice Shah had been battling in the Supreme Court for his legitimacy due to many senior justices had seen his appointment as inappropriate and political having been appointed by former prime minister Benazir Bhutto in 1994 20 On 29 October 1997 Chief Justice Shah and his bench decided to hear the petition filed by the Pakistan Peoples Party s lawyers and suspended the implementation of bills 21 45 46 Prime Minister Sharif reacted angrily to the Court s actions by issuing an intemperate public diatribe particularly against Chief Justice Shah 21 45 46 On 2 November 1997 Chief Justice Shah summoned Prime Minister Sharif for contempt of court but this order was viewed null and voided when two senior justices at the Supreme Court issued a counter order 21 45 46 On 30 November 1997 Prime Minister Sharif appeared before the Supreme Court but his partisans stormed the Supreme Court Building forcing Chief Justice Shah to remove the finding of contempt against Sharif 22 190 While the police gained control of the situation to restore law and order the whole nation witnessed traumatising and terrifying scenes on their television screens broadcast by the news media all over the country 22 190 Subsequently the Supreme Judicial Council took up a case against the appointment of Chief Justice Shah on 23 December and declared Chief Justice Shah s appointment illegal and unconstitutional that eventually forced him to resign from his office on 2 December 1997 21 46 President Farooq Leghari who supported the cause of Chief Justice Shah also had to resign when army chief General Jehangir Karamat and Chairman joint chiefs Air Chief Marshal Feroze Khan intervened to resolve the crises 23 175 176 Prime Minister Sharif eventually appointed his Chief Justice Saeeduzzaman Siddiqui based on merit qualification and offered presidency to former supreme court justice Rafiq Tarar who was elected in 1998 19 In 1998 Prime Minister Sharif effectively relieved Chairman joint chief General Jehangir Karamat from the command of the military when General Karamat delivered a college lecture at the Naval War College in Karachi 24 107 108 At this lecture General Karamat called for establishing the National Security Council NSC which would be backed by a team of civil military experts for devising policies to seek resolution ongoing problems relating the civil military issues also recommended a neutral but competent bureaucracy and administration of at federal level and the establishment of Local governments in four provinces 25 66 68 Relieving of General Karamat plummeted Sharif s own public approvals and his relations with the military as even his senior Cabinet ministers were in disagreement of Sharif s decision 26 Many political observers were taken in complete surprise since the dismissal of four star rank general had never happened before in country s short history 27 145 146 Eventually Sharif chose then Lieutenant General Pervez Musharraf over two senior army generals for the appointment to post of the army chief and acting Chairman joint chiefs 28 64 67 A year later the civil military relations took a sharp turn in the opposition of Sharif when he invited and received Indian Prime Minister Atal Vajpayee in Lahore for peace talks much to agitation of General Musharraf who did not welcome outcomes of Lahore Summit 29 150 151 In 1999 the Pakistan Army soldiers secretly crossed the Line of Control LoC and infiltrated in Kargil on the direct orders issues by General Musharraf bringing the two nations at the brink of war 30 118 121 The Indian Army reacted with launching of full fledged military coordinated military operations while Indian government effectively put diplomatic pressure of Sharif s government to withdraw the soldiers from the Kargil sector 31 Both Sharif and General Musharraf held each other responsible for the actions in the Kargil sector charging each other of lying and hiding details of the hostilities to the nation 32 At the public circle Sharif assigned blame for the political diplomatic disaster on General Musharraf and Musharraf placing the blame of disaster on Prime Minister Sharif 33 In September 1999 General Musharraf forcefully retired Lieutenant General Tariq Pervez who was known to be close to Sharif and cousin of Raja Nadir Pervez the Communication Minister 34 39 Upon meeting with Sharif General Tariq Pervez had ultimately warned Sharif of making any move against General Musharraf or the army would strike 34 39 Revolt of the Admiral edit The revolt of Admiral Fasih Bokhari the Chief of Naval Staff over Sharif s public decision of extending General Musharraf s tenure as Chairman Joint Chiefs until 2001 was another issue that saw the breaking down of civil military relations About the Kargil war Admiral Bokhari was not of the view of supporting the Pakistan Army s engagement with the Indian Army as appropriate and subsequently lodged a powerful protest against General Musharraf s grand strategy while recommending the constitution of a Commission to completely probe the Kargil issue 35 At the country s news media Admiral Bokhari publicly questioned the effectiveness of the military strategy behind the Kargil infiltration and was very critical of General Musharraf s unilateral decisions involving the national security as chairman joint chiefs without considering the opinions of chiefs of staff of air force and the navy 36 In 1999 Sharif quarrelled with Admiral Bokhari and his Navy NHQ staff over the merit based appointment of General Musharraf to the Chairman Joint Chiefs that was only meant to be temporary and it was hoped that Admiral Bokhari would be appointed to the post 37 contents 38 In August 1999 there were rising tensions between Admiral Bokhari and Prime Minister Sharif over issue of incident took place in Sir Creek although both had kept the working relations on good terms 39 In September 1999 General Musharraf had sent a message to Prime Minister Sharif that anyone in the Navy and Air Force can become the Chairman Joint Chiefs as I did not care 40 111 General Musharraf reportedly backed Admiral Bokhari s bid for the Chairman Joint Chiefs but he was overshadowed by the Prime Minister who confirmed and extended General Musharraf s term until 2001 41 Civil military relations were further damaged when Admiral Bokhari lodged a strong protest against this decision in the news media and reportedly revolted against Prime Minister Sharif s appointment for the Chairman Joint Chiefs in 1999 42 Admiral Bokhari abruptly tendered his resignation to the Prime Minister Sharif and noted to Sharif that since General Musharraf was his junior and often referred to him as Sir 42 1265 43 On 5 October 1999 Admiral Bokhari resigned from the command of the Navy as the news media construed Admiral Bokhari s resignation merely as unhappiness over not being appointed as Chairman of the Joint Chiefs of Staff Committee 42 Admiral Bokhari s revolt saw the meltdown of the civil military relations between the elected civilian government and the military leaders that eventually led to the military overtaking the civilian government by dismissing Prime Minister Sharif on 12 October 1999 44 63 The military takeover edit nbsp Jinnah International Airport where Chairman Joint Chiefs Gen Musharraf landed in Karachi c 2006 In the aftermath of the Kargil War followed by the Atlantique incident there were widespread rumors and media speculations in the television news media about the either possible military takeover or resignation of General Musharraf in September 1999 45 In October 1999 General Musharraf paid an official visit to Sri Lanka on an invitation of Sri Lankan Army Commander Lieutenant General Srilal Weerasooriya Ultimately Prime Minister Sharif dismissed General Musharraf from the command of the military and nominated Lieutenant General Ziauddin Butt the DG ISI over several army officers on 12 October 1999 46 Developments came when General Musharraf along with Major General Tariq Majid and Brigadier Nadeem Taj returned to Pakistan on a PIA 777 200 47 According to the sources the Civil Aviation Authority CAA was ordered by Sharif to divert the plane to India but then it was rerouted to Shaheed Benazirabad then known as Nawabshah 47 When this was failed to comprehend by the pilot the CAA was ordered to close the runways by turning off the edge lights at the Jinnah International Airport in an attempt to refuse the landing 47 The units of military police led by Lieutenant General Iftikhar sealed the civilian airport and seized the control of the control tower allowing the plane to land on a runway From the control tower then Karachi Corps Commander General Muzaffar Hussain Usmani contacted General Musharraf in his flight and assured him that landing the plane was safe since the army now controlled Jinnah Terminal The military police seized the control of the state run media television headquarters and encircled the Prime Minister Secretariat building while gaining control of the international airports and cutting off the international phone lines 48 49 There were four army generals who were central in staging the coup against Sharif s government that included General Musharraf General Ehsan ul Haq Aziz Khan Mahmood Ahmad and Shahid Aziz They played a crucial role in installing General Musharraf as Chief Executive while they detained Sharif in a local prison 50 185 185 On 14 October 1999 Musharraf appeared on television to declare a state of emergency and issued a Provisional Constitutional Order that ultimately suspended the writ of the Constitution of Pakistan and dissolved the National Assembly and four provincial assemblies although they left Muhammad Rafiq Tarar in office as President 51 However General Musharraf strongly objected the wordage use of martial law or coup d etat instead insisting that This is not martial law only another path towards democracy 52 The ISPR also confirmed that There is no martial law in the country 3 Text of Proclamation of Emergency edit Soon after taking over the country an emergency was declared in the country Following is the text of the Proclamation of Emergency declared by Musharraf 53 In pursuance of deliberations and decisions of chiefs of staff of the Armed Forces and corps commanders of Pakistan Army I General Pervez Musharraf chairman joint chiefs of staff committee and chief of army staff proclaim emergency throughout Pakistan and assume the office of the chief executive of the Islamic Republic of Pakistan I hereby order and proclaim as follows a The constitution of the Islamic Republic of Pakistan shall remain in abeyance b The President of Pakistan shall continue in office c The National Assembly the Provincial Assemblies and Senate shall stand suspended d The chairman and deputy chairman of the Senate the speaker and deputy speaker of the National Assembly and the provincial assemblies shall stand suspended e The prime minister the federal ministers ministers of state advisers to the prime minister parliamentary secretaries the provincial governors the provincial chief ministers the provincial ministers and the advisers to the chief ministers shall cease to hold office f The whole of Pakistan will come under the control of the Armed Forces of Pakistan This proclamation shall come into force at once and be deemed to have taken effect on the 12th day of October 1999 Text of Provisional Constitutional Order 1999 edit Following is the text of Provisional Constitutional Order PCO promulgated by Musharraf After its proclamation the order was modified on multiple occasions 54 In pursuance of Proclamation of the 14th day of October 1999 and in exercise of all powers enabling him in that behalf the Chairman Joint Chiefs of Staff Committee and Chief of Army Staff and Chief Executive of the Islamic Republic of Pakistan under the Proclamation of Emergency of 14th day of October 1999 hereinafter referred to as the Chief Executive is pleased to make and promulgate the following Order 1 1 This Order may be called Provisional Constitution Order No 1 of 1999 2 It extends to the whole of Pakistan 3 It shall come into force at once 2 1 Notwithstanding the abeyance of the provisions of the Constitution of the Islamic Republic of Pakistan hereinafter referred to as the Constitution Pakistan shall subject to this Order and any other Orders made by the Chief Executive be governed as nearly as may be in accordance with the Constitution 2 Subject as aforesaid all courts in existence immediately before the commencement of this Order shall continue to function and to exercise their respective powers and jurisdiction provided that the Supreme Court or High Courts and any other court shall not have the powers to make any order against the Chief Executive or any person exercising powers or jurisdiction under his authority 3 The Fundamental Rights conferred by Chapter I of Part II of the Constitution not in conflict with the Proclamation of Emergency or any Order made thereunder from time to time shall continue to be in force 3 1 The President shall act on and in accordance with the advice of the Chief Executive 2 The Governor of the Province shall act on and in accordance with the instructions of the Chief Executive 4 1 No Court Tribunal or other authority shall call or permit to be called in question the proclamation of Emergency of 14th day of October 1999 or any Order made in pursuance thereof 2 No judgment decree writ order or process whatsoever shall be made or issued by any court or tribunal against the Chief Executive or any authority designated by the Chief Executive 5 Notwithstanding the abeyance of the provisions of the Constitution but subject to the Orders of the Chief Executive all laws other than the Constitution shall continue in force until altered amended or repealed by the Chief Executive or any authority designated by him 6 The Proclamation of Emergency issued on 28th day of May 1998 shall continue but subject to the provisions of Proclamation of Emergency dated 14th day of October 1999 and this Provisional Constitution Order and any other Order made thereunder 7 All persons who immediately before the commencement of this Order were in the service of Pakistan as defined in Article 260 of the Constitution and those persons who immediately before such commencement were in office as Judge of the Supreme Court the Federal Shariat Court or a High Court or Auditor General or Ombudsman and Chief Ehtesab Commissioner shall continue in the said service on the same terms and conditions and shall enjoy the same privileges if any Impact editUpon hearing the news of Sharif s arrest the PML N partisans and the party leadership led by Javed Hashmi a conservative politician in Lahore and Mamnoon Hussain in Karachi called out and led massive street demonstrations and protests in the streets of Lahore Karachi and other cities 55 2432 The conservative supporters of Nawaz Sharif did not welcome this coup and saw this event as a conspiracy but many of Sharif s rivals welcome this coup eventually holding celebration parties around different parts of the country 20 Although there were reports of unconfirmed media blackout of Sharif aligned conservative media no restrictions were imposed on the liberal libertarian news media 20 416 418 There were reports of repression and human rights abuse taken place by the authorities under General Musharraf as the pro democracy demonstrations were forcefully and effectively crushed by Musharraf s regime 20 Legality and legitimacy of the coup edit nbsp The Supreme Court of Pakistan in c 2004 The Supreme Court of Pakistan courted by the Chief Justice Saeeduzzaman Siddiqui partially provided the legality of the martial law in a view of doctrine of necessity after Musharraf s lawyer Sharifuddin Pirzada argued for the martial law on technicality but its legality was only limited to three years 7 25 56 118 Meanwhile Sharif was tried by the military judge advocate general where allegations of corruption terrorism and money laundering were leveled against him 8 56 57 Eventually the military court s inconclusive rulings found him to be guilty and convicted him for risking the life of all the passengers on board including the sitting Chairman joint chiefs 8 57 On 15 November 1999 the Supreme Court of Pakistan decided to hear the petitions filed by PML N s lawyer Zafar Ali Shah on behalf of Sharif and Aitzaz Ahsan requesting a supreme court s intervention to declare the military takeover illegal and unconstitutional and order the restoration of Sharif s government and reinstatement of the National Assembly and four provincial assemblies that were suspended 57 The PML N s lawyers began their court battle with the Musharraf s lawyers when additional petitions were filed by PML N Muslim Welfare Movement and Wahabul Khairi an advocate challenging the legality of the coup 58 On 1 December 1999 a five member bench of the Supreme Court was constituted to hear these appeals and as lawyers of each side to present cases of their clients The bench headed by Chief Justice Saeeduzzaman Siddiqui and head Justice Bashir Jahangiri Justice Nasir Aslam Zahid Justice Abdur Rehman Khan and Justice Wajihuddin Ahmed as other members 58 Provisional Constitutional Order judges oath edit As the hearing progressed at the Supreme Court the legality and legitimacy of the coup became an important issue while Sharif s lawyers successfully argued for reinstating the writ of the constitution Chief Justice Saeeduzzaman Siddiqui along with other chief justices were in clear view of this coup as a violation of the constitution as Sharif s lawyers made a ground base for finding Musharraf of treason 7 119 120 59 On 26 January 2000 Chief Executive Musharraf acting on the advice of Sharifuddin Pirzada quickly promulgated the Provisional Constitutional Order and asked Chief Justice Siddiqui alongside other justices to take a new oath under this provision 60 Chief Justice Saeeduzzaman Siddiqui and other nine judges of the thirteen Supreme Court justices refused to take the oath which became an issue identified as the biggest challenge to the new government 9 112 115 Eventually Chief Justice Saeeduzzaman Siddiqui and other nine judges resigned from their respected appointments followed by a number of other High Court justices also refused to take the oath 60 24 The Provisional Constitutional Order disallowed challenging any actions made by the military led by General Musharraf and many judges who refused to take the oath cited infringements upon the judiciary system such as this as their reasoning for refusing 9 115 The Provisional Constitutional Order provided Musharraf legal protection of his actions in regards to the military taker over and bared any court in the country for taking any legal actions against Musharraf or those who were responsible for the military coup 4 Asma Jahangir a Pakistani lawyer and human rights advocate reportedly stated The military rulers are doing their best to erode the independence of the judiciary I salute those judges who have refused to take the oath 4 Aftermath editPardon of Sharif and 2002 referendum edit On 9 10 December 2000 Chief Executive Pervez Musharraf unexpectedly issued a pardon of Nawaz Sharif and allowed the immediate members of former first family to travel to Saudi Arabia on a private jet provided by the Saudi Royal Family 10 167 168 11 73 74 Details emerged in successive years of this pardon that resulted in a forced signing of an agreement that put him in exile for a decade 61 366 62 However this agreement was voided in successive years when Musharraf himself went to court to bar Sharif from returning to Pakistan in 2007 61 366 In 2016 Musharraf later confessed in an interview given to Kamran Shahid of Dunya that he pardoned Nawaz Sharif from life imprisonment on the request of King Abdullah and Rafic Hariri 12 On 12 May 2000 the Supreme Court of Pakistan courted by Chief Justice Irshad Hasan finally legalized the coup but ordered to hold a nationwide election to restore the writ of the government 63 In 2001 General Musharraf issued the executive decree of which President Tarar was of the view that such decree was unconstitutional and illegal Eventually Musharraf forcefully removed President from his office when the latter forced President Tarar to forcefully resigned as president 13 64 In the light of Supreme Court s verdict the national referendum was held on 30 April 2002 allowing himself to continue his rule 14 15 The referendum which Musharraf won with almost 98 of the votes in his favour was alleged by many including the Human Rights Commission of Pakistan to be fraudulent 14 15 Allegations of illegitimacy edit Human rights groups such as Amnesty International Pakistan and Human Rights Commission and others had denounced the referendum as extremely fraudulent in 2002 The Reuters journalists claimed to see ballot stuffing and pressure to vote being placed on governmental employees 15 Ibn Abdur Rehman director of the Human Rights Commission dismissed the referendum as farcical also claiming that votes were stuffed 15 The Amnesty International Pakistan and the Human Rights Commission of Pakistan stated that the voting irregularities exceeded its worst fears 15 The PML N backed by the Human Rights Commission challenged the results of the referendum but Chief Justice Irshad Hasan Khan dismissed the petitions while rejecting the challenge and upholding the results 14 Information Minister Nisar Memon dismissed allegations of fraud as propaganda created by the opposition and stated that Those who opposed the referendum preferred to stay at home and didn t create any problem 14 The credibility of the claims of illegitimacy is added when American Pattan Development Organization conducted a Gallup survey that founded that the people are likely to elect either Benazir Bhutto or Nawaz Sharif as the next prime minister in preference to President General Pervez Musharraf 65 According to the survey Musharraf had only 9 public approval as opposed to Benazir Bhutto and Nawaz Sharif 65 Foreknowledge about coup edit In 1999 Lt Gen Tariq Pervez Commander XII Corps had ultimately warned Nawaz Sharif of a military take over if Musharraf were dismissed from the command of the military 34 39 In the television news media and the political pundits had long speculating of a military takeover in the country as soon as General Karamat was dismissed by Prime Minister Sharif and General Musharraf himself had sent a secret message of serious repercussion if he was to be removed 40 111 It is claimed by authors that Prime Minister Sharif had well political intelligence on Musharraf s intention and had sought US President Bill Clinton s help against the military intervention 66 63 64 In 1999 Benazir Bhutto held all blames on Nawaz Sharif for the military takeover and criticized him stating the man is violating every rule of law and there is no one to stop him 67 In 2002 Admiral Bokhari quoted that he knew about General Musharraf s plans to topple Prime Minister Nawaz Sharif and did not want to be part of these Dirty Games 68 Admiral Bokhari also noted that a power struggle between an elected Prime Minister and appointed Chairman joint chiefs ensued and relations were severely damaged after the Kargil war 34 37 38 Admiral Bokhari testified in media that The two men could not work together both were preparing to take active actions against each other I could see that there now two centres of power on a collision course 34 37 At an informal meeting held at the Navy NHQ in September 1999 Chairman Joint Chiefs General Musharraf indicated his displeasure with Prime Minister Nawaz Sharif s handling of the country describing Prime Minister Sharif as incompetent and incapable of running the country 34 38 Admiral Bokhari firmly got the impression whether General Musharraf was sounding out to rely on the support from the Navy in events of the coup and Admiral Bokhara discouraged the Chairman joint chiefs from doing so 34 38 In 2003 Musharraf squarely blamed Nawaz Sharif for the military take over and held responsible for the martial law against his government while accused him of being an autocrat and weakening the might of the military 69 Legacy editPolitical opposition and dissents edit In a views of historian Mazhar Aziz the military coup d etat is seen as an striking example in the case study of civil military relations in a post Cold War era 70 76 In 1999 and in 2004 Sharif extended his apologizes to various journalists and reporters for any wrongdoings and worked towards mending better relations with influential conservative news media after his exile 26 52 In 2001 the PML N and its rival PPP reached a compromised when the formed democracy restoration alliance in a view to oust President Musharraf 71 58 Major agitations took place in 2005 against President Musharraf s anti terrorism policy and controversial amendments made in the constitution 71 58 In 2006 Sharif joins hand with Benazir Bhutto in opposition to Musharraf when both signed an agreement to restore parliamentary democracy in the country 72 In 2006 the PML N issued a white paper concerning the Kargil events and Nawaz Sharif personally apologized to former Chief Justice Sajad Ali Shah and the former president Farooq Leghari for his role and his party s actions 73 Sharif also extended his apology to General Karamat and Admiral Fasih Bokhari for overlooking him for the appointment of the Chairman joint chiefs 73 In 2007 Nawaz Sharif with his family accompanied by his daughter returned to Pakistan with thousands of his supporters receiving Sharif family 74 In 2008 Sharif spearheaded the judicial activism in order to protest the suspension of Chief Justice I M Chaudhry by Musharraf Opposition and dissent within the military edit In 2001 03 the principal four army generals General Ehsan ul Haq Gen Aziz Khan Lt Gen Mahmud Ahmed and Lt Gen Shahid Aziz later regretted their role in bringing Gen Musharraf in power when all four generals were forced out from their service due to opposition showed to President Musharraf s policies General Aziz Khan was retired as a four star general from the position of CJCSC in 2005 and was succeeded by General Ehsan ul Haq who was retired as a four star general from the position of CJCSC in 2007 the longest service by any of Gen Musharaff s closest generals General Mahmud Ahmed was retired on 08 October 2001 as DG ISI The Day United States started its war in Afghanistan General Shahid Aziz was retired in 2004 as Lt Gen 75 184 76 156 Trial and sentence editOn 17 December 2019 Musharraf was handed the death sentence for treason by a three member bench of a special court in Pakistan 77 See also edit nbsp 1990s portal nbsp Pakistan portalOverconfidence effect Social command and control The Soldier and the State History of the Supreme Court of Pakistan 2007 Pakistani state of emergency 2002 Pakistani general election Provisional Constitutional Order State of emergency PCO Judges case Conservatism in Pakistan Two party system State of emergency Military coups in PakistanReferences edit Harding Luke 11 December 2000 Pakistan frees Sharif to exile in Saudi Arabia The Guardian London Haque Ihtasham ul 23 October 1999 Musharraf addresses nation Security Council to run state affairs asianstudies github io No 5 43 Dawn Wire Service Haque Dawn Newspapers Retrieved 8 February 2017 a b Abbasi Ansar 16 October 1999 No martial law in country asianstudies github io No 5 42 Dawn wire service Abbasi Dawn Newspapers Retrieved 8 February 2017 a b c Pakistan Judges Refuse Oath 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