A leaf from history: Indefinite ban on political activity imposed
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By the beginning of March 1978, people had begun to feel and say that Gen Ziaul Haq had developed a taste for power and was trying to delay the restoration of democracy that he had pledged in his July 5, 1977 speech. Gen Zia was conscious of his inability to stop these rumours. He had also failed to give his government a ‘civilian look’ and thus he decided to dig his heels in deeper.
On Gen Zia’s initiative, on March 22, 1978 the PNA delegation had presented some conditions that had to be met if they were to join the military government. Two days later, the National Democratic Party (NDP) leaders Sardar Sherbaz Mazari, Begum Nasim Wali Khan and Wali Khan met with Gen Zia in Peshawar and after some discussions informed him about their inability to join the proposed national government.
On March 27, at a press conference in Lahore, Gen Zia told newsmen that he was trying to form a national government and the Election Cell had met with all parties including the PPP, but the effort had not borne fruit. Without sharing the results of these meetings and explaining that he had rejected the PNA’s conditions, he reiterated that the polls would be held at some appropriate time and that it would not take years but a few months.
While Bhutto’s lawyers file an appeal in the Supreme Court, Gen Zia takes measures to strengthen his hold
Without mincing words he rejected the ‘Western-style’ democracy, saying that the presidential system was closer to the Islamic code; he also suggested that the president should be directly elected by the people. He reiterated his early viewpoint and said that he wanted to reduce the number of political parties as according to him there were too many parties in the country.
To a question regarding him forming a political party or joining any political party in the country, pointing to the example of former military ruler Ayub Khan, he said that he did not want to join politics in any manner.
On March 29, Gen Zia imposed a complete ban on all political activities. This pushed the country into more depression, especially the economic sector. At a time when Bhutto’s case was still pending in the Supreme Court, the ban pushed the country into an uncertain future. Whatever little activity the political parties were involved in as preparation for elections stopped. The general stressed that political parties had lost their effectiveness and had become a spent force. The PPP was in disarray as a large number of its leaders were in jail on one pretext or the other. Most party leaders were trying to save their skin as the verification of declared assets was still in process.
Gen Zia had a word of sympathy for the PNA and said that the alliance had been torn to pieces. Hawks like Asghar Khan and Nasim Wali Khan were on the other side of the divide and the remaining PNA leaders were contemplating joining the so-called national government, which the military council was trumpeting for quite some time in an attempt to keep the political activists guessing.
To a question regarding him forming a political party or joining any political party in the country, pointing to the example of former military ruler Ayub Khan, he said that he did not want to join politics in any manner.
At the same time, Bhutto’s lawyers — Yahya Bakhtiar, Ghulam Ali Memon and D.M. Awan — were preparing to file an appeal against the Lahore High Court decision. They prepared the papers, acquired the copies of the LHC verdict and filed the appeal on March 25, the last day allowed for the matter.
A nine-member bench of the Supreme Court was formed to hear the appeal. The bench comprised Chief Justice Anwarul Haq, Justice Qaisar Khan, Justice Durab Patel, Justice Mohammad Halim, Justice Ghulam Safdar Shah, Justice Karam Illahi Chohan and Justice Nasim Hassan Shah. The court began hearing the appeal on May 1, 1978. On the first day after preliminary hearing the court adjourned the case for May 6 for a day-to-day hearing.
On the first day’s hearing Yahya Bakhtiar moved the court that till the decision on the appeal, Bhutto’s conviction should be suspended and he shouldn’t be lodged in the condemned prisoners’ cell. He moved that, if the court granted, he should be kept in the same cell where he had been lodged during the proceedings in the Lahore High Court. There was an exchange of arguments between the defence lawyer and the court. The court wanted to know if there was any precedent, to which Yahya Bakhtiar said that in 1953 riots against Ahmadis Maulana Maududi had been sentenced to death (which was later commuted to life term) but he was not lodged in the condemned prisoner’s cell.
The next day the Jamaat-i-Islami denied that Maulana Maududi had been given a better class. The prosecutor informed the court that Bhutto had been given ‘B’ class in the jail with three rooms. After this brief argument the court disallowed Yahya’s plea for shifting Bhutto in the previous cell.
Meanwhile, the special bench of the Supreme Court had begun hearing the appeals on April 1, 1978. The bench ordered the administration to shift the appellants to Rawalpindi jail by May 4, so that their lawyers could consult their clients.
After the normal proceedings on May 17, 1978 Bhutto was flown from Lahore to Islamabad. From there he was taken by helicopter to Rawalpindi where he was asked to board a waiting police van. Bhutto hesitated and mumbled something but finally boarded the van and was taken to Rawalpindi district jail where he had to be lodged till the decision of his appeal in the Supreme Court.
The Bhutto ladies were also worried by these developments. While Benazir was under house arrest at 70 Clifton in Karachi, Nusrat Bhutto was confined to Gulberg House, Lahore. Only Maulana Kausar Niazi and Hafeez Pirzada would meet and console them.
Next week: Zia searches for like-minded players
Published in Dawn, Sunday Magazine, September 21st, 2014
