The curious canter around the main culprit

While the posture of the judiciary has been positively aggressive, one cannot but be amused by the reaction of the startled players of the drama.

For the first time in Pakistan's history, the judiciary is holding to account actions of those who wrecked havoc with the constitution and believed they could get away with it. One unconstitutional act after another was undertaken without any questions. Now those actions are not only under scrutiny, but openly ridiculed and criticized by the judges. The intention is clear. Their words are clear.

What is not clear is how other institutions, namely the parliament will react. Because what the judges are saying when rejecting unconstitutional actions of the past is that the constitution is supreme. The logical question then becomes, what should be done to those who negate the constitution? This question cannot be avoided. Because the constitution is only supreme as long as everyone is made to respect it. And respect will only occur when those who openly disrespected it are brought to account.

Under Pakistan's constitution, only the sitting government can file a case of treason against a person who has negated the law of the land. But will the PPP led government do the deed of filing a case against Musharaf? Will the Pakistan Army allow their former General to be paraded as around as a man who defiled the constitution and who has admited to doing so in his book and speeches? Will the Army allow their leader to be prosecuted and punished under Article 6 that demands a death penalty for those who abrogate the constitution as Musharaf accepted he did?

It is not just the PPP who is hesitant. All Pakistani politicians, while claiming they want to see Musharaf tried, are afraid of how the Army will react. While the judges of the judiciary stood up to the might of the Pakistan Army and refused to be bowed by it, the politicians have not gone through the same struggles. They are still living in fear of the Army's reaction. Thus no one wants to 'clap' with what the judges are about to do.

However, the judiciary cannot fight the battle to ensure the constitution remain supreme alone. The parliament must step forward to complete the process.

So far, the politicians are merely running in circles agreeing that there should be accountability, but unwilling to be the first to openly declare the trial of the former general. Which is again amusing, in that targeting Musharaf sells well to the public and is a 'winning' political issue. But the lingering fear of the Army's reaction brings out the coward in the politicians who are happier leaving the judges to clean the stables. Because after all, Musharaf was not the only culprit in abrogating the Constitution. He literally had an army following him. And with that connection, Pakistan could potentially enter the next phase, delayed for far too long, of its evolution.