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The 1999 military takeover in Pakistan was a bloodless ''
coup d'état A coup d'état (; ; ), or simply a coup , is typically an illegal and overt attempt by a military organization or other government elites to unseat an incumbent leadership. A self-coup is said to take place when a leader, having come to powe ...
'' 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 Pervez Musharraf (11 August 1943 – 5 February 2023) was a Pakistani general and politician who served as the tenth president of Pakistan from 2001 to 2008. Prior to his career in politics, he was a four-star general and appointed as ...
. The instigators seized control of the civilian government of the popularly elected
Prime Minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Nawaz Sharif on 12 October 1999. On 14 October, General Musharraf, acting as the country's
Chief Executive A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
, issued a controversial provisional order that suspended the
Constitution of Pakistan The Constitution of Pakistan ( ; ISO 15919, ISO: '' Āīn-ē-Pākistān''), also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outlin ...
.
Martial law Martial law is the replacement of civilian government by military rule and the suspension of civilian legal processes for military powers. Martial law can continue for a specified amount of time, or indefinitely, and standard civil liberties ...
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 A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
,
Lieutenant-General Lieutenant general (Lt Gen, LTG and similar) is a military rank used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the battlefield, who was normall ...
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 Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. Not to be confused with civilian police, who are legally part of the civilian populace. In wartime operations, the military police may supp ...
to detain General Butt and prevent his taking control of the military. 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 Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal: the process of dealing with or controlling things or people. ** Administrative assistant, traditionally known as a se ...
, which included his
brother A brother (: brothers or brethren) is a man or boy who shares one or more parents with another; a male sibling. The female counterpart is a sister. Although the term typically refers to a family, familial relationship, it is sometimes used ende ...
, under
house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...
.
Military police Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. Not to be confused with civilian police, who are legally part of the civilian populace. In wartime operations, the military police may supp ...
took control of the state broadcaster,
radio Radio is the technology of communicating using radio waves. Radio waves are electromagnetic waves of frequency between 3  hertz (Hz) and 300  gigahertz (GHz). They are generated by an electronic device called a transmitter connec ...
and the entire critical communications infrastructure, and announced that Sharif had been dismissed. The
Supreme Court of Pakistan The Supreme Court of Pakistan (; ''Adālat-e-Uzma Pākistān'') is the apex court in the Judiciary of Pakistan, judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance witPart VIIof the Constitution of Pakistan, it h ...
led by Chief Justice Irshad Hassan Khan validated the martial law under a " doctrine of necessity" but limited its legality to three years. Meanwhile, Sharif was tried by the Judge Advocate General
Court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
and convicted of endangering the lives of all passengers aboard the aircraft carrying Musharraf, with the military court upholding the decision. When the decision was announced, it sparked fury in the conservative PML(N) but was welcomed by many of its political opponents. 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. On 10 December 2000, Musharraf unexpectedly issued a
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
to Nawaz Sharif to be flown to
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
. 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 Rafic Bahaa El Deen al-Hariri (; 1 November 1944 – 14 February 2005) was a Lebanese businessman and politician who served as Prime Minister of Lebanon, prime minister of Lebanon from 1992 to 1998 and again from 2000 to 2004. Hariri headed fi ...
." In 2001, Musharraf issued the executive decree and eventually forced President Rafiq Tarar to resign in order for Musharraf to assume the
presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified b ...
. In light of the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
's verdict, the national referendum was held on 30 April 2002, allowing himself to continue his rule, but was alleged by many (including the Human Rights Commission of Pakistan) to be fraudulent. In 2002, the
general elections A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from by-elections, which fill individual seats that have become vacant between general elections. General elections ...
restored
democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
when the Musharraf-backed PML(Q), the libertarians, were able to form a
minority government A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in ...
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 Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eur ...
in the Parliament. Sharif was acquitted in 2009 from the 1999 hijacking case and in 2014 acquitted of the
money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...
and corruption cases from an accountability court.


Events leading towards the martial law


Relief of General Jehangir and Kargil debacle

In 1997, Nawaz Sharif and his conservative Pakistan Muslim League-N won a landslide victory in the
general elections A general election is an electoral process to choose most or all members of a governing body at the same time. They are distinct from by-elections, which fill individual seats that have become vacant between general elections. General elections ...
, resulting in a two-thirds majority in the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
– the
lower house A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...
of
bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
of Pakistan. His second tenure was marked with a serious legal confrontation with the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
courted by Chief Justice Sajjad Ali Shah over the legality and technicality of Thirteenth Amendment and the Ehtesab Act, 1997 (lit. Accountability Act, 1997). 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 A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
Benazir Bhutto Benazir Bhutto (21 June 1953 – 27 December 2007) was a Pakistani politician who served as the 11th prime minister of Pakistan from 1988 to 1990, and again from 1993 to 1996. She was also the first woman elected to head a democratic governmen ...
in 1994. On 29 October 1997, Chief Justice Shah and his bench decided to hear the petition filed by the
Pakistan Peoples Party The Pakistan Peoples Party (PPP) is a political party in Pakistan and one of the three major List of political parties in Pakistan, Pakistani political parties alongside the Pakistan Muslim League (N) and Pakistan Tehreek-e-Insaf. With a Cent ...
's
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s and suspended the implementation of bills. Prime Minister Sharif reacted angrily to the Court's actions, by issuing an intemperate public diatribe particularly against Chief Justice Shah. On 2 November 1997, Chief Justice Shah summoned Prime Minister Sharif for
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...
but this order was viewed "null and voided" when two senior justices at the Supreme Court issued a counter-order. 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. While the
police The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
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 The news media or news industry are forms of mass media that focus on delivering news to the general public. These include News agency, news agencies, newspapers, news magazines, News broadcasting, news channels etc. History Some of the fir ...
all over the country. 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. 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 Air chief marshal (Air Chf Mshl or ACM) is a high-ranking air officer rank used by some air forces, with origins from the Royal Air Force. The rank is used by air forces of many Commonwealth of Nations, countries that have historical British i ...
Feroze Khan intervened to resolve the crises. 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. 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 The Naval War College (NWC or NAVWARCOL) is the staff college and "Home of Thought" for the United States Navy at Naval Station Newport in Newport, Rhode Island. The NWC educates and develops leaders, supports defining the future Navy and associa ...
in
Karachi Karachi is the capital city of the Administrative units of Pakistan, province of Sindh, Pakistan. It is the List of cities in Pakistan by population, largest city in Pakistan and 12th List of largest cities, largest in the world, with a popul ...
. At this lecture, General Karamat called for establishing the National Security Council (Pakistan), 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 Civil Service of Pakistan, bureaucracy and administration of at federal level and the establishment of Local government in Pakistan, Local governments in Provinces of Pakistan, four provinces. 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. Many political observers were taken in complete surprise since the dismissal of four-star rank general had never happened before in country's History of Pakistan, short history. Eventually, Sharif chose then-
Lieutenant-General Lieutenant general (Lt Gen, LTG and similar) is a military rank used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the battlefield, who was normall ...
Pervez Musharraf Pervez Musharraf (11 August 1943 – 5 February 2023) was a Pakistani general and politician who served as the tenth president of Pakistan from 2001 to 2008. Prior to his career in politics, he was a four-star general and appointed as ...
over two senior army generals for the appointment to post of the army chief and acting Chairman joint chiefs. A year later, the civil military relations took a sharp turn in the opposition of Sharif when he invited and received Indian Prime Minister AB Vajpayee, Atal Vajpayee in Lahore for peace talks, much to agitation of General Musharraf who did not welcome outcomes of Lahore Summit. 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 India and Pakistan, two nations at the brink of war. 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. 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. 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. 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 Ministry of Communications (Pakistan), Communication Minister. Upon meeting with Sharif, General Tariq Pervez had ultimately warned Sharif of "making any move against General Musharraf or the army would strike."


Revolt of the Admiral

The revolt of Admiral Fasih Bokhari, the Chief of Naval Staff (Pakistan), 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. At the country's
news media The news media or news industry are forms of mass media that focus on delivering news to the general public. These include News agency, news agencies, newspapers, news magazines, News broadcasting, news channels etc. History Some of the fir ...
, 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. In 1999, Sharif quarrelled with Admiral Bokhari and his NHQ (Pakistan Navy), Navy NHQ staff over the merit-based appointment of General Musharraf to the Chairman Joint Chiefs of Staff Committee, Chairman Joint Chiefs that was only meant to be temporary and it was hoped that Admiral Bokhari would be appointed to the post. In August 1999, there were rising tensions between Admiral Bokhari and Prime Minister Sharif over issue of Atlantique incident, incident took place in Sir Creek, although both had kept the working relations on good terms. 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 of Staff Committee, Chairman Joint Chiefs as I did not care." General Musharraf reportedly backed Admiral Bokhari's bid for the Chairman Joint Chiefs of Staff Committee, Chairman Joint Chiefs but he was overshadowed by the Prime Minister who confirmed and extended General Musharraf's term until 2001. 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. 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". On 5 October 1999, Admiral Bokhari resigned from the command of the Navy as the
news media The news media or news industry are forms of mass media that focus on delivering news to the general public. These include News agency, news agencies, newspapers, news magazines, News broadcasting, news channels etc. History Some of the fir ...
construed Admiral Bokhari's resignation merely as unhappiness over not being appointed as Chairman Joint Chiefs of Staff Committee (Pakistan), Chairman of the Joint Chiefs of Staff Committee. Admiral Bokhari's revolt saw the meltdown of the Civil-military relations, 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.


The military takeover

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. In October 1999, General Musharraf paid an official visit to Sri Lanka on an invitation of Sri Lankan Army Commander of the Army (Sri Lanka), Commander
Lieutenant-General Lieutenant general (Lt Gen, LTG and similar) is a military rank used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the battlefield, who was normall ...
Srilal Weerasooriya. Ultimately, Prime Minister Sharif dismissed General Musharraf from the command of the military and nominated Lieutenant-General Ziauddin Butt, the DG ISI (Pakistan), ISI, over several army officers on 12 October 1999. Developments came when General Musharraf, along with Major-General Tariq Majid and Brigadier (United Kingdom), Brigadier Nadeem Taj, returned to Pakistan on a Pakistan International Airlines, PIA Boeing 777-200, 777-200. According to the sources, the Pakistan Civil Aviation Authority, 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 Airport, Nawabshah. When this was failed to be comprehended by the pilot, the CAA was ordered to close the runways by turning off the Runway edge lights, edge lights at the Jinnah Terminal, Jinnah International Airport in an attempt to refuse the landing. The units of Pakistan Army Corps of Military Police, 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 Pakistan Television Corporation, media television headquarters and encircled the Prime Minister's Secretariat (Pakistan), Prime Minister Secretariat building while gaining control of the international airports and cutting off the international phone lines. There were four army generals who were central in staging the coup against Sharif's government that included General Musharraf General Ehsan ul Haq, General Aziz Khan, Aziz Khan, General Mahmood Ahmed, Mahmood Ahmad and Shahid Aziz. Gang of Four (Pakistan), They played a crucial role in installing General Musharraf as Chief Executive of Pakistan, Chief Executive while they detained Sharif in a local prison. 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, Constitution of Pakistan and dissolved the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
and :Provincial Assemblies of Pakistan, four provincial assemblies, although they left Muhammad Rafiq Tarar in office as President. 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." The Inter-Services Public Relations, ISPR also confirmed that "There is no martial law in the country."


Text of Proclamation of Emergency

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:


Text of Provisional Constitutional Order 1999

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


Impact

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 Karachi is the capital city of the Administrative units of Pakistan, province of Sindh, Pakistan. It is the List of cities in Pakistan by population, largest city in Pakistan and 12th List of largest cities, largest in the world, with a popul ...
called out and led massive street demonstrations and protests in the streets of Lahore, Karachi, and other cities. The conservative supporters of Nawaz Sharif did not welcome this coup and saw this event as a conspiracy but many of Sharif's rivals welcomed this coup, holding celebration parties around different parts of the country. Although there were reports of unconfirmed media blackout of Sharif-aligned conservative media, no restrictions were imposed on the liberal/libertarian news media. 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.


Legality and legitimacy of the coup

The
Supreme Court of Pakistan The Supreme Court of Pakistan (; ''Adālat-e-Uzma Pākistān'') is the apex court in the Judiciary of Pakistan, judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance witPart VIIof the Constitution of Pakistan, it h ...
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 Syed Sharifuddin Pirzada, Sharifuddin Pirzada argued for the martial law on technicality, but its legality was only limited to three years. Meanwhile, Sharif was tried by the military Judge Advocate General Branch (Pakistan), judge advocate general where allegations of Corruption in Pakistan, corruption, Terrorism in Pakistan, terrorism, and money laundering were leveled against him. 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. On 15 November 1999, the
Supreme Court of Pakistan The Supreme Court of Pakistan (; ''Adālat-e-Uzma Pākistān'') is the apex court in the Judiciary of Pakistan, judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance witPart VIIof the Constitution of Pakistan, it h ...
decided to hear the petitions filed by PML-N's lawyer Syed Zafar Ali Shah, 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. 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. 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 Jehangiri, Bashir Jahangiri, Justice Nasir Aslam Zahid, Justice Abdur Rehman Khan and Justice Wajihuddin Ahmed as other members.


Provisional Constitutional Order judges oath

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. On 26 January 2000, Chief Executive Musharraf, acting on the advice of Syed Sharifuddin Pirzada, Sharifuddin Pirzada, quickly promulgated the Provisional Constitutional Order and asked Saeeduzzaman Siddiqui, Chief Justice Siddiqui alongside other justices to take a new oath under this provision. 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. 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. 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. 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. 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."


Aftermath


Pardon of Sharif and 2002 referendum

On 9–10 December 2000, Chief Executive Officer (Pakistan), Chief Executive Pervez Musharraf unexpectedly issued a
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
of Nawaz Sharif and allowed the immediate members of former :Sharif family, first family to travel to
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
on a private jet provided by the Saudi Royal Family. 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. However, this agreement was voided in successive years when Musharraf himself went to court to bar Sharif from returning to Pakistan in 2007. In 2016, Musharraf later confessed in an interview given to Kamran Shahid of ''Dunya News, Dunya'' that "he pardoned Nawaz Sharif from life imprisonment on the request of King Abdullah and
Rafic Hariri Rafic Bahaa El Deen al-Hariri (; 1 November 1944 – 14 February 2005) was a Lebanese businessman and politician who served as Prime Minister of Lebanon, prime minister of Lebanon from 1992 to 1998 and again from 2000 to 2004. Hariri headed fi ...
". On 12 May 2000, the Supreme Court of Pakistan courted by Chief Justice Irshad Hasan Khan, Irshad Hasan finally legalized the coup but ordered to hold a nationwide election to restore the writ of the government. 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 Forced resignation, forcefully resigned as president. In the light of
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
's verdict, the national referendum was held on 30 April 2002, allowing himself to continue his rule. 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.


Allegations of illegitimacy

Human rights in Pakistan, Human rights groups such as Amnesty International Pakistan and Human Rights Commission of Pakistan, Human Rights Commission and others had denounced the 2002 Pakistani referendum, referendum as extremely electoral fraud, fraudulent in 2002. The ''Reuters'' journalists claimed to see ballot stuffing and pressure to vote being placed on public sector, governmental employees. Ibn Abdur Rehman, director of the Human Rights Commission of Pakistan, Human Rights Commission, dismissed the referendum as "farcical", also claiming that votes were stuffed. The Amnesty International Pakistan and the Human Rights Commission of Pakistan stated that the voting irregularities "exceeded its worst fears". 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. Ministry of Information and Broadcasting (Pakistan), 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." 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. According to the survey, Musharraf had only 9% public approval as opposed to Benazir Bhutto and Nawaz Sharif.


Foreknowledge about coup

In 1999, Lt. Gen Tariq Pervez, Commander, XII Corps (Pakistan), XII Corps, had ultimately warned Nawaz Sharif of a military take over if Musharraf were dismissed from the command of the military. In the News channels in Pakistan, 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. It is claimed by authors that Prime Minister Sharif had well political intelligence on Musharraf's intention and had sought United States President, US President Bill Clinton's help against the military intervention. In 1999,
Benazir Bhutto Benazir Bhutto (21 June 1953 – 27 December 2007) was a Pakistani politician who served as the 11th prime minister of Pakistan from 1988 to 1990, and again from 1993 to 1996. She was also the first woman elected to head a democratic governmen ...
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." 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''". 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. 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". At an informal meeting held at the NHQ (Pakistan Navy), Navy NHQ in September 1999, Chairman Joint Chiefs of Staff Committee, 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." 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. 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.


Legacy


Political opposition and dissents

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. In 1999 and in 2004, Sharif extended his apologies to various journalists and reporters for any wrongdoings and worked towards mending better relations with influential conservative news media after his exile. In 2001, the PML(N) and its rival PPP reached a compromised when the formed Alliance for Restoration of Democracy, democracy restoration alliance in a view to oust President Musharraf. Major agitations took place in 2005 against President Musharraf's Pakistan's role in the War on Terror, anti-terrorism policy and controversial amendments made in the constitution. In 2006, Sharif joins hand with Benazir Bhutto in opposition to Musharraf when both signed an Charter of Democracy, agreement to restore parliamentary democracy in the country. In 2006, the PML(N) issued a white paper concerning the Kargil war, Kargil events and Nawaz Sharif personally apologized to former Chief Justice Syed Sajjad Ali Shah, Sajad Ali Shah and the former president Farooq Leghari for his role and his party's actions. Sharif also extended his apology to General Karamat and Admiral Fasih Bokhari for overlooking him for the appointment of the Chairman joint chiefs. In 2007, Nawaz Sharif with his family, accompanied by his Maryam Nawaz, daughter, returned to Pakistan with thousands of his supporters receiving Sharif family.Gall, Carlotta (25 November 2007)
Former Prime Minister Nawaz Sharif Returns to Pakistan
''The New York Times''.
In 2008, Sharif spearheaded the Lawyers' Movement, judicial activism in order to protest the suspension of Chief Justice Iftikhar Muhammad Chaudhry, I.M. Chaudhry by Musharraf.


Opposition and dissent within the military

In 2001–03, the principal Gang of Four (Pakistan), four army generals, General Ehsan ul Haq, Gen. Aziz Khan (general), 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 8 October 2001 as DG-ISI (The Day United States started its war in Afghanistan). General Shahid Aziz was retired in 2004 as Lt-Gen.


Trial and sentence

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


See also

*Overconfidence effect * Command and control (management), 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 Pakistan


References


External links


Pakistan after the coup: Special report
BBC News report





{{DEFAULTSORT:Pakistani Coup D'etat, 1999 1999 in Pakistan, Coup 1990s coups d'état and coup attempts 20th century in Islamabad Battles and conflicts without fatalities Conflicts in 1999 Deep politics History of mass media in Pakistan, Coup, 1999 Legal history of Pakistan, Coup, 1999 Military coups in Pakistan, Coup, 1999 Nawaz Sharif October 1999 in Pakistan Pakistan military scandals, Coup, 1999 Political repression in Pakistan, Coup, 1999 Political scandals in Pakistan, Coup, 1999 Pervez Musharraf