Supreme Court

Musharraf complained in particular that Pakistan’s courts, and

especially the Supreme Court, were subverting the administration. His

proclamation claims that the Court’s “constant interference in

executive functions, including but not limited to the control of

terrorist activity, economic policy, price controls, downsizing of

corporations and urban planning, has weakened the writ of the

government.” It laments “the humiliating treatment meted to

government officials by some members of the judiciary on a routine

basis during court proceedings.”

A particular concern was the Supreme Court taking up the cases of

the hundreds of people picked up in recent years by law enforcement

agencies without warrants and held in custody, without charge or

trial. The demands for due process and habeas corpus proved fruitless

as officials simply lied to the courts about the people they were

holding.

The Human Rights Commission of Pakistan was finally able to

convince the Supreme Court to act. The Court began to summon senior

officials and demanded the government produce the detained people in

court. It threatened senior law enforcement officials with contempt of

court and jail if they did not comply and was considering calling the

chiefs of the armed forces to answer to the court. The system cracked

and the disappeared started appearing.