1999 Pakistani coup d'état

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1999 Pakistani coup d'état

Pervez Musharraf in army uniform
Date12 October 1999 (1999-10-12)
Location
Prime Minister's Secretariat, Islamabad
Belligerents
  • Pakistan Army
  • Pakistan Navy
    • Commanders and leaders
  • Nawaz Sharif
  • Maj. (R) Mushtaq Ahmed
  • Lt Gen Ziauddin Butt
  • Col. (R) Iqbal Niazi
  • ACM Pervaiz Mehdi Qureshi
  • Shehbaz Sharif
  • Jehan Zaib Burki
    		•
  • Gen. Pervez Musharraf
  • Admiral Fasih Bokhari
    • Strength
    ~170,000 ~617,000
    This article is part of
    a series about
    Pervez Musharraf
    Political views
    Elections
    Parties
    President of Pakistan
    Bibliography

    Media related to Pervez Musharraf at Wikimedia Commons

    The 1999 military takeover in Pakistan

    seized control of the civilian government of the popularly elected Prime Minister Nawaz Sharif on 12 October 1999.[2] On 14 October, General Musharraf, acting as the country's Chief Executive, issued a controversial provisional order that suspended the Constitution of Pakistan
    .

    chain of command, deciding instead to direct the Military Police to detain General Butt and prevent his taking control of the military.[3]

    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

    radio and the entire critical communications infrastructure, and announced that Sharif had been dismissed.[4]

    The

    military court upholding the decision.[6] When the decision was announced, it sparked fury in the conservative PML(N) but was welcomed by many of its political opponents.[6] 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.[5]: 119–120 [7]
    : 112–115 

    On 10 December 2000, Musharraf unexpectedly issued a

    King Abdullah and Rafic Hariri."[10]

    In 2001, Musharraf issued the

    impeachment in the Parliament.[14]

    Sharif was acquitted in 2009 from the 1999 hijacking case[15] and in 2014 acquitted of the money laundering and corruption cases from an accountability court.[16]

    Events leading towards the martial law

    Relief of General Jehangir and Kargil debacle

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

    In 1997,

    two-thirds majority in the National Assembly– the lower house of bicameral Parliament of Pakistan.[17]

    His second tenure was marked with a serious legal confrontation with the

    news media all over the country.[20]
    : 190 

    Subsequently, the

    Rafiq Tarar who was elected in 1998.[17]

    In 1998, Prime Minister Sharif

    four provinces.[23]
    : 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.[24] 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.[25]: 145–146 

    Eventually, Sharif chose then-

    Lahore Summit.[27]
    : 150–151 

    In 1999, the

    two nations at the brink of war.[28]: 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.[29] 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.[30]

    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.[31] 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.[32]: 39 

    Upon meeting with Sharif, General Tariq Pervez had ultimately warned Sharif of "making any move against General Musharraf or the army would strike."[32]: 39 

    Revolt of the Admiral

    The revolt of Admiral

    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.[33]

    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.[34]

    In 1999, Sharif quarrelled with Admiral Bokhari and his

    incident took place in Sir Creek, although both had kept the working relations on good terms.[37]

    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."[38]: 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.[39]

    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.[40] 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".[40]: 1265 [41]

    On 5 October 1999, Admiral Bokhari resigned from the command of the Navy as 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.[42]
    : 63 

    The military takeover

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

    In the aftermath of 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.[43]

    In October 1999, General Musharraf paid an official visit to

    777-200.[45]

    According to the sources, the

    Prime Minister Secretariat building while gaining control of the international airports and cutting off the international phone lines.[46][47]

    There were four army generals who were central in staging the coup against Sharif's government that included General Musharraf

    Chief Executive while they detained Sharif in a local prison.[48]: 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.[49]

    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."[50] The ISPR also confirmed that "There is no martial law in the country."[1]

    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:[51]

    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

    Following is the text of Provisional Constitutional Order (PCO) promulgated by Musharraf. After its proclamation, the order was modified on multiple occasions:[52]

    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

    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.[53]: 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.[18] Although there were reports of unconfirmed media blackout of Sharif-aligned conservative media, no restrictions were imposed on the liberal/libertarian news media.[18]: 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.[18]

    Legality and legitimacy of the coup

    The Supreme Court of Pakistan in c. 2004.

    The

    Sharifuddin Pirzada argued for the martial law on technicality, but its legality was only limited to three years.[5]: 25 [54]: 118  Meanwhile, Sharif was tried by the military judge advocate general where allegations of corruption, terrorism, and money laundering were leveled against him.[6]: 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.[6]
    : 57 

    On 15 November 1999, the

    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.[55] 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.[56]

    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.[56]

    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.[5]: 119–120 [57]

    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.[58] 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.[7]: 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.[58]: 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.[7]: 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.[2]

    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."[2]

    Aftermath

    Pardon of Sharif and 2002 referendum

    On 9–10 December 2000,

    Saudi Royal Family.[8]: 167–168 [9]: 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.[59]: 366 [60] However, this agreement was voided in successive years when Musharraf himself went to court to bar Sharif from returning to Pakistan in 2007.[59]
    : 366 

    In 2016, Musharraf later confessed in an interview given to

    King Abdullah and Rafic Hariri".[10]

    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.[61]

    In 2001, General Musharraf issued the

    forcefully resigned as president.[11][62] In the light of Supreme Court's verdict, the national referendum was held on 30 April 2002, allowing himself to continue his rule.[12][13] 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.[12][13]

    Allegations of illegitimacy

    ballot stuffing and pressure to vote being placed on governmental employees.[13] Ibn Abdur Rehman, director of the Human Rights Commission, dismissed the referendum as "farcical", also claiming that votes were stuffed.[13] The Amnesty International Pakistan and the Human Rights Commission of Pakistan stated that the voting irregularities "exceeded its worst fears".[13]

    The PML(N), backed by the Human Rights Commission, challenged the results of the referendum but Chief Justice

    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."[12]

    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.[63] According to the survey, Musharraf had only 9% public approval as opposed to Benazir Bhutto and Nawaz Sharif.[63]

    Foreknowledge about coup

    In 1999, Lt. Gen

    US President Bill Clinton's help against the military intervention.[64]
    : 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."[65]

    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".[66] 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.[32]: 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".

    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."[32]: 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.[32]
    : 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.[67]

    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

    civil military relations" in a post–Cold War era.[68]
    : 76 

    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.

    anti-terrorism policy and controversial amendments made in the constitution.[69]: 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.[70]

    In 2006, the PML(N) issued a

    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.[71] Sharif also extended his apology to General Karamat and Admiral Fasih Bokhari for overlooking him for the appointment of the Chairman joint chiefs.[71]

    In 2007, Nawaz Sharif with his family, accompanied by his daughter, returned to Pakistan with thousands of his supporters receiving Sharif family.[72] 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

    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 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.[73]: 184 [74]: 156 

    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.[75]

    See also

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    External links

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