Amjad Malik`s Personal Page

‘In The Line of Fire’ By Gen Musharaf (a critical analysis) By: Amjad Malik MA, LLM

'An old article written on 28-09-2006 in response to ctiticism levelled against Lt. Gen. Jamshed Kiani' 

I feel that sitting COAS has broken service rules as well as official secret Act and he may have breached his two oaths by writing about the most sensitive as well as matters of national showing his superfluous strength and applying the ‘might is right’ maxim. In particular he has written about following:
 
·  Pakistan’s nuclear capability whether it was operational at the time of Kargil incident or not;
·  Abdul Qadeer Khan’s alleged role in nuclear proliferation without him available to defend thus         tarnishing his  character and gaining publicity for himself;
·  Writing about his role That he made PML(Q) being under oath not to indulge in politics as chief and being neutral as President;
·  Accepting that he agreed to be part of military campaign against Afghanistan on Richard Armitage’s threat via DG ISI to bomb Pakistan if they refuse, giving in to demands upon threat thus departing from core Islamic values of faith and discipline;
·  Handing over US wanted personnel’s for millions of dollars thus accepting to override the judicial scrutiny and present them to other states without due process of law and judicial oversight.
 
I must say that my close scrutiny of his office’s oath gives a very clear reading. Article 42 of the Constitution of Pakistan 1973 relevant paragraph of the oath of President (third Schedule) says as following: “That I will not allow my personal interest to influence my official conduct or my official decisions”. It further says in the last para, “And that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as President of Pakistan, except as may be required for the due discharge of my duties as President”. Article 244 of the Constitution of Pakistan 1973 (third Schedule)    in respect of the relevant paragraph of the oath  of COAS says as following,” That I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the Law”.
 
Now if we see the ‘THE OFFICIAL SECRETS ACT, 1923 [Act No. 19 of 1923 dated 2nd. April, 1923]1 ’  of India which is identical to Pakistan as Pakistan’s criminal jurisprudence is based on British colonial law in order to see the regional view on OSA, it says at para 5 as following:
 
“5. Wrongful communication, etc., of information

    (1) If any person having in his possession or control any secret official code or pass word or any sketch, plan, model, article, note, document or information which relates to or is used in a prohibited place or relates to anything in such a place, 13[or which is likely to assist, directly or indirectly, an enemy or which relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States or which has been made or obtained in contravention of this Act,] or which has been entrusted in confidence to him by any person holding office under Government, or which he has obtained or to which he has had access owing to his position as a person who holds or has held office under Government, or as person who holds or has held a contract made on behalf of Government, or as a person who is or has been employed under a person who holds or has held such an office or contract-
        (a) wilfully communicates the code or pass word, sketch, plan, model, article, note, document or information to any person other than a person to whom he is authorised to communicate it or a Court of Justice or a person to whom it is, in the interests of the State, his duty to communicate it; or
        (b) uses, the information in his possession for the benefit of any foreign power or in any other manner prejudicial to the safety of the State; or
        [(4) A person guilty of an offence under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]”
 
I am sure Defence Ministry as well as Supreme Court will carefully examine the book as well as those oaths taken and their wording subjectively and objectively as well as service rule to see if the book has opened a Pandora’s box and there is any issue of compromising national integrity & security and sovereignty by disclosing material facts of confidential and highly sensitive nature which came to the possession of the writer in his official capacity. If that’s right, then necessary action must be taken to preserve rule of law in Pakistan in respect of this book and conduct of the writer which is already under criticism in intelligencia  and higher circles of Pakistan and abroad. But here we are confronted an entity which seems above than rule of law, something supra constitutional in nature and meaning. Question for all is ‘Who will bell the cat’ I guess it is public who needs to mobilize and as Shakespeare said in hamlet, ‘to take arms against the sea of trouble and by opposing end them’
 
I feel the time requires the CJ of Supreme Court of Pakistan to form a ‘Kargil  commission’ headed by CJ and 11 non LFO judges of Supreme Court who are assisted by amicus including 4 former COAS and 4 DG ISI’s on military matters and they must find truth within 3 months. India is renewing their nation’s father’s belief of ‘truth ’ and ‘ non violence’ why can’t we find truth being a Muslim State who believes in truth, unity faith and discipline and yet to learn lessons after loosing its one limb in 1971.
 
*Amjad Malik is a Solicitor-Advocate of the Supreme Court of England and Wales, and is a member of the English Law Society’s Immigration Law Committee and life member of Supreme Court Bar Association of Pakistan.
 
2006

• Posted by valiantpk on 07/06/2008.
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