A second option available to the Army is by having the COAS declared as the Supreme Commander of the Armed Forces. This would make it easier for Kayani to act against Zardari. In May last year, after the USA’s Abbottabad raid, a private person filed a petition before the Lahore High Court to have the COAS declared as the Supreme Commander of the Armed Forces. Such a change could be brought in only by a Constitutional amendment. With the PPP and its Allies having the majority in the National Assembly and in the provincial Assemblies of Sindh and Khyber-Pakhtoonkwa such an amendment is unlikely.
The other option available to the Army is to work and hope for an adverse ruling by the Supreme Court against Zardari in the Memogatecase.The possibility of the Supreme Court giving a direct finding against Zardari is weak now. Even ManzoorIjaz blames only HussainHaqqani, former Pakistani Ambassador to the US, for the contents of the Memo seeking US assistance to prevent a coup after the Abbottabad raid of May 2 last year against Osama bin Laden. He has not definitively blamed Zardari for the contents of the Memo.
The best the Army can hope for from the Supreme Court is for an adverse ruling against Haqqani holding him guilty of an act of treason for having sought the assistance of a foreign Govt for acting against the Pakistan Army. If the court gives such a ruling, Zardari could become an accomplice of Haqqani’s act of treason by virtue of sheltering him initially in his house and subsequently in Gilani’s house after Haqqani returned from Washington DC to resign.
Even in such an eventuality, the Supreme Court cannot act against Zardari unless the National Assembly in which the PPP and its allies have a majority lifts Zardari’s immunity against prosecution.
Q.Is there any political and honourable way out available?
A.The only honourable way out is by dissolving the National Assembly before its term expires in March next year and calling for fresh elections later this year. However, if the PPP and Zardari return to power in that election, it will pose an embarrassing situation for Kayani as well as the Chief Justice.
Pakistan is in for a long period of an excruciating war of nerves in which there will be neither honour nor victory for any of the dramatis personae
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