Jia Ul Haq

This week Pakistan is busy in selecting their Prime Minister. So this week we decided to profile Jalandhari who ruled Pakistan unchallenged for close to a decade. People might have different opinion about his legacy but no one can doubt that this Jalandhari made a mark on world history
      He was the General Muhammad Zia-ul-Haq.
Zia, a member of the Arain tribe, was born in Jalandhar, India, in 1924 as the second child of Muhammad Akbar, who worked in the GHQ in Delhi and Simla pre-partition.

General Muhammad Zia-ul-Haq محمد ضياء الحق (b. August 12, 1924–August 17, 1988) was the president and military ruler of Pakistan from July 1977 to his death in August 1988. Appointed Chief of Army Staff in 1976, General Zia-ul-Haq came to power after he overthrew ruling Prime Minister Zulfikar Ali Bhutto in a military coup d'état on July 5, 1977 and became the state's third ruler to impose martial law. The coup itself was largely bloodless, but he subsequently had Zulfikar Ali Bhutto, a very popular leader (and his political benefactor) executed in a vengeful and controversial fashion.

Zia initially ruled for a year as martial law administrator, and later assumed the post of President of Pakistan in September 1978. Zia was killed along with several of his top generals and the then United States Ambassador to Pakistan Arnold Lewis Raphel in a mysterious aircraft crash on August 17, 1988, the circumstances of which remain unclear. His death and the death of the American Ambassador is considered by many high ranking officials to be a well planned assassination.

Early life
Zia, a member of the Arain tribe, was born in Jalandhar, India, in 1924 as the second child of Muhammad Akbar, who worked in the GHQ in Delhi and Simla pre-partition. He married Shafiq Jahan and had five children. His two sons went into politics. He completed his initial education in Simla and then at St. Stephen's College, Delhi. He was commissioned in the British Indian Army in a cavalry regiment in 1943 and served during World War II. After Pakistan gained its independence, Zia joined the newly formed Pakistani Army as a major. He trained in the United States in 1962–1964 at the U.S. Army Command and General Staff College Fort Leavenworth, Kansas. During the Indo-Pakistani War of 1965, Zia was a tank commander.He was stationed in Jordan from 1967 to 1970, helping in the training of Jordanian soldiers, as well as leading the training mission into battle during the Black September in Jordan operations, a strategy that proved crucial to King Hussein's remaining in power. On 1 April 1976, Prime Minister Zulfiqar Ali Bhutto appointed Zia-ul-Haq as Chief of Army Staff, ahead of a number of more senior officers, most likely because both of them came from the same Arain tribe.


Popular unrest and coup
Prime Minister Bhutto began facing considerable criticism and increasing unpopularity as his term progressed.Initially targeting leader of the opposition Abdul Wali Khan and his opposition National Awami Party (NAP). Despite the ideological similarity of the two parties, the clash of egos both inside and outside the National Assembly became increasingly fierce, starting with the Federal governments decision to oust the NAP provincial government in Balochistan for alleged secessionist activities and culminating in the banning of the party and arrest of much of its leadership after the death of a close lieutenant of Bhutto's, Hayat Khan Sherpao in a bomb blast in the frontier town of Peshawar.

Dissidence also increased within the PPP, and the murder of a leading dissident Ahmed Raza Kasuri's father led to public outrage and intra-party hostility as Bhutto was accused of masterminding the crime. Powerful PPP leaders such as Ghulam Mustafa Khar openly condemned Bhutto and called for protests against his regime. The political crisis in the NWFP and Balochistan intensified as civil liberties remained suspended, and an estimated 100,000 troops deployed there were accused of abusing human rights and killing large numbers of civilians.[4] On January 8, 1977 a large number of opposition political parties grouped to form the Pakistan National Alliance.[4] Bhutto called fresh elections, and PNA participated in those elections in full force. They managed to contest the elections jointly even though there were grave splits on opinions and views within the party. PNA faced defeat but did not accept the results, alleging that the election was rigged. First, they claimed rigging for 14 seats and, finally, for 40 seats in National Assembly. They proceeded to boycott the provincial elections. Despite this, there was high voter turn out in national elections; howerver, as provincial elections were held amidst low voter turnout and an opposition boycott, the PNA declared the newly-elected Bhutto government as illegitimate. Firebrand Islamic leaders such as Maulana Maududi called for the overthrow of Bhutto's regime.[2] Political and civil disorder intensified, which led to more unrest.[5] On July 5, 1977, Bhutto and members of his cabinet were arrested by troops under the order of General Zia.[4]


Postponement of elections and call for accountability
After assuming power as Chief Martial Law Administrator, General Zia promised to hold National and Provincial Assembly elections in the next 90 days and to hand over power to the representatives of the nation. He also stated that the constitution of Pakistan had not been abrogated whatsoever, but had been temporarily suspended. However, in October 1977, he announced the postponement of the electoral plan and decided to start an accountability process for the politicians. Zia said that he changed his decision due to the strong public demand for the scrutiny of political leaders who had engaged in malpractice in the past (a large number of both PNA and PPP members had asked General Zia to postpone the elections). Thus the "retribution first, elections later" PNA policy was adopted.

A Disqualification Tribunal was formed, and several individuals who had been Members of Parliament were charged with malpractice and disqualified from participating in politics at any level for the next seven years. A White Paper document was issued, incriminating the deposed Bhutto government on several counts.


Reign as chief Martial Law administrator

The Doctrine of Necessity
Nusrat Bhutto, the wife of the deposed Prime Minister, filed a suit against General Zia's military regime, challenging the validity of the July 1977 military coup. The Supreme Court of Pakistan ruled, in what would later be known as the Doctrine of Necessity, that, given the dangerously unstable political situation of the time, General Zia's overthrowing of the Bhutto government was legal on the grounds of necessity. The judgment tightened the general's hold on the government.


Assumption of the post of President of Pakistan
Despite the dismissal of most of the Bhutto government, President Fazal Ilahi Chaudhry was persuaded to continue in office as a figurehead. After completing his term, and despite General Zia's insistence to accept an extension as President, Mr Chaudhry resigned, and General Zia also assumed the office of President of Pakistan on September 16, 1978. He thus cemented his position as the undisputed ruler of the country.

Over the next six years, Zia issued several decrees which amended the constitution and greatly expanded his power. Most significantly, the Revival of Constitution of 1973 Order granted Zia the power to dissolve the National Assembly virtually at will.


The trial of Zulfikar Ali Bhutto
On April 4, 1979, the former Prime Minister Zulfikar Ali Bhutto was hanged, after the Supreme Court upheld the death sentence as passed by the Lahore High Court. The Supreme Court ruled four to three in favor of execution. The High Court had given him the death sentence on charges of the murder of the father of Ahmed Raza Kasuri, a dissident PPP politician. Despite many clemency appeals from foreign leaders requesting Zia to commute Bhutto's death sentence, Zia dismissed the appeals as "trade union activity" and upheld the death sentence. The hanging of an elected prime minister by a military man was condemned by the international community and by lawyers and jurists across Pakistan.Many consider this event to be the cause of enimity between Zia and Zulfiqar and also the American Backing for Zia-ul-haq to hang PM Zulfiqar Ali Bhutto.

Immediate stabilization of Balochistan

[edit] Declaration of an Amnesty
On assuming power, General Zia inherited armed secessionist uprisings in Pakistan's largest province, Balochistan, from the Bhutto era. Tribal unrest and feudal clashes were moving the province towards a precarious position. The general acted quickly, offering a general amnesty to those who gave up arms and moving for the appeasement of the tribal unrest. When this had little effect on the prevailing situation there, Zia withdrew troops from the province, ending much of the civil disobedience movements.

Gen Zia's era is considered golden time for Balochistan. Heavy investment was done in the province with some mega projects.


[edit] Appointment of Rahimuddin Khan as Martial Law Governor
Zia then appointed General Rahimuddin Khan, whose previously distinguished career made him stand out among his peers, to the post of Martial Law Governor of Balochistan (and later Governor of Sindh). General Rahimuddin then embarked on a provincial policy that completely isolated feudal families from the government. His authoritarian rule crushed any remaining civil unrest within Balochistan.

This garnered controversy over Zia's appointing of the dictatorial Rahimuddin, as the latter would go on to concentrate power solely with the provincial military regime and mostly act independently of the central government. The controversy eventually dissipated after the impressive progress Balochistan went through during Rahimuddin's lengthy rule (1978-1984), which was to remain characterized by the isolation of feudal families from provincial policy.


[edit] Reign as President of Pakistan

[edit] Formation of Majlis-e-Shoora
Main article: Majlis-e-Shoora
In the absence of a Parliament, General Zia decided to set up an alternative system. He introduced Majlis-e-Shoora in 1980. Most of the members of the Shoora were intellectuals, scholars, ulema, journalists, economists and professionals belonging to different fields of life. The Shoora was to act as a board of advisors to the President. All 284 members of the Shoora were to be nominated by the President.

Referendum of 1984
General Zia eventually decided to hold elections in the country. But before handing over the power to the public representatives, he decided to secure his position as the head of state. A referendum was held in December 1984, and the option was to elect or reject the General as the future President. The question asked in the referendum was whether the people of Pakistan wanted Islamic Sharia law enforced in the country. According to the official result, more than 95% of the votes were cast in favor of Zia-ul-Haq, thus he was elected as President for the next five years. However, they were marred by allegations of widespread irregularities and technical violations of the laws and ethics of democratic elections.

The Eighth Amendment and elections of 1985
After being elected President, Zia-ul-Haq decided to hold elections in the country in February 1985 on a non-party basis. Most of the opposing political parties decided to boycott the elections but election results showed that many victors belonged to one party or the other. To make things easier for himself, the General nominated the Prime Minister from amongst the Members of the Assembly. To many, his nomination of Muhammad Khan Junejo as the Prime Minister was because he wanted a simple person at the post who would act as a puppet in his hands. Before handing over the power to the new Government and lifting martial law, Zia got the new legislature to retroactively accept all of Zia's actions of the past eight years, including his coup of 1977. He also managed to get several amendments passed, most notably the Eighth Amendment, which granted "reserve powers" to the president to dissolve the National Assembly. However, this amendment considerably reduced the power he'd previously granted himself to dissolve the legislature, at least on paper. The text of the amendment permitted Zia to dissolve the Assembly only if 1) the Cabinet had been toppled by a vote of no confidence and it was obvious that no one could form a government or 2) the government could not function in a constitutional manner.


Involvement in the Soviet-Afghan War

The Soviet invasion of Afghanistan
Main Article: Soviet war in Afghanistan

On December 25, 1979, the Soviet Union, a superpower at the time, invaded Afghanistan. General Zia, as President of neighboring Pakistan, was asked by several cabinet members to refrain from interfering in the war, owing to the vastly superior military power of the USSR at the time. Islamist General Zia, however, was ideologically opposed to the idea of communism taking over a neighboring country, and made no secret about his intentions of monetarily and militarily aiding the Afghan resistance (the Mujahideen).


Success in economic reform
Under Zia, the previous ruler Zulfikar Ali Bhutto's nationalization policies were slowly reversed, and gradual privatization took place. General Zia greatly favored egalitarianism and industrialization.


Consolidation of Pakistan's nuclear programme
President Zia sought and substantially contributed to the attaining of nuclear capability for Pakistan. Accordingly, the country was made a subject of attack on platforms of international organizations for not signing the Nuclear Non-Proliferation Treaty (NPT). Zia deftly neutralized international pressure by tagging Pakistan's nuclear programme to the nuclear designs of neighbouring India. The President then drew a five-point proposal as a practical rejoinder to world pressure on Pakistan to sign the NPT, the points including the renouncing of the use of nuclear weapons. Despite this, he also openly funded a uranium-enrichment plant based in Kahuta under Dr. Abdul Qadeer Khan.


International standing enhancement and resumption of aid
President Zia's international standing greatly rose after his declaration to fight the Soviet invaders, as he went from being portrayed as just another military dictator to a champion of the free world by the Western media. Indeed, Pakistan-United States relations took a much more positive turn. U.S. President Jimmy Carter and his Secretary of State, Cyrus Vance, cut off U.S. aid to Pakistan on the grounds that Pakistan had not made sufficient progress on the nuclear issue. Then, on December 25, 1979, the Soviets invaded Afghanistan, and Carter offered Pakistan $325 million in aid over three years. Zia rejected this as "peanuts." Carter also signed the finding in 1980 that allowed less than $50 million a year to go to the Mujahideen. After Ronald Reagan came to office, defeating Carter for the US Presidency in 1980, all this changed, due to President Reagan's new priorities and the unlikely and remarkably effective effort by Congressman Charles Wilson (D-Tx) and CIA Afghan Desk Chief Gust Avrakotos to increase funding clandestinely to the Mujahideen. Aid to the Afghan resistance, and to Pakistan, increased substantially, finally reaching $1 Billion dollars (US). The United States, faced with a rival superpower looking as if it were to create another Communist bloc, now engaged Zia to fight a US-aided war by proxy in Afghanistan against the Soviets.


Fighting the war by proxy
President Zia now found himself in a position to demand billions of dollars in aid for the Mujahideen from the Western states, famously dismissing a United States proposed 325 million dollar aid package as "peanuts". Pakistan's Inter-Services Intelligence and Special Service Group now became actively involved in the conflict, and in cooperation with the Central Intelligence Agency and the United States Army Special Forces supported the armed struggle against the Soviets.

In 1981, Ronald Reagan succeeded Jimmy Carter as President of the United States of America. Reagan was completely against the Soviet Union and its Communist satellites, dubbing it "the Evil Empire". Reagan now increased financial aid heading for Pakistan. In 1981, the Reagan Administration sent the first of 40 F-16 jet fighters to the Pakistanis. But the Soviets kept control of the Afghan skies until the Mujahideen received Stinger missiles in 1986. From that moment on, the Mujahideen's strategic position steadily improved. Accordingly, the Soviets declared a policy of national reconciliation. In January they announced that a Soviet withdrawal was no longer linked to the makeup of the Afghan government remaining behind. Pakistan, with the massive extra-governmental and covert backing from the largest operation ever mounted by the C.I.A. and financial support of Saudi Arabia, therefore, played a large part in the eventual withdrawal of Soviet troops from Afghanistan in 1988.


General Zia-ul-Haq's Islamization
Main article: Zia-ul-Haq's Islamization
On December 2, 1978, on the occasion of the first day of the Hijra to enforce the Islamic system in Pakistan in a nationwide address, Zia accused politicians of exploiting the name of Islam: "Many a ruler did what they pleased in the name of Islam."

After assuming power, the government began a program of public commitment to enforce Nizam-e-Islam (Islamic System), a significant turn from Pakistan's predominantly Anglo-Saxon Law, inherited from the British. As a preliminary measure to establish an Islamic society in Pakistan, General Zia announced the establishment of Shariah Benches.

Under Offenses Against Property (Enforcement of Hudood Ordinance 1979), the punishment of imprisonment or fine, or both, as provided in the existing Penal Code of Pakistan for theft, was substituted by the amputation of the right hand of the offender from the joint of the wrist by a surgeon. For robbery, the right hand of the offender from the wrist and his left foot from the ankle should be amputated by a surgeon. Hudood (حدود, also transliterated Hadud, Hudud; plural for Hadh, حد, limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour. Although the punishment were imposed but the witnesses and prosecution system remained Anglo-Saxon. As in Islamic laws Hudud can only be given if 4 witnesses saw the crime happen. In reality hardly anyone can be punished by Islamic Hud laws as very rarely can the conditions for punishment be met.

In legal terms, (Islamic law being usually referred to as Sharia, شريعة) the term is used to describe laws that define a certain level of crime classification. Crimes classified under Hudud are the most severe of crimes, such as murder, theft, and adultery. There are minor differences in views between the four major Sunni madhhabs about sentencing and specifications for these laws. It is often argued that, since Sharia is God's law and states certain punishments for each crime, they are immutable. It has been argued by some, that the Hudud portion of Sharia is incompatible with humanism or human rights. Although the Hud punishment were imposed but the Islamic law of evidence was not implemented and remained British in origin.

Drinking of wine (i.e. all alcoholic drinks) was not a crime under the Penal Code of Pakistan. In 1977, however, the drinking and selling of wine by Muslims was banned in Pakistan and the sentence of imprisonment of six months or a fine of Rs. 5000/-, or both, was provided in that law.

Under the Zina Ordinance, the provisions relating to adultery were replaced so that the women and the man guilty will be flogged, each of them, with one hundred lashes, if unmarried. And if they are married they shall be stoned to death.

The Pakistan Penal Code (PPC) and the Criminal Procedure Code were amended, through ordinances in 1980, 1982 and 1986 to declare anything implying disrespect to Muhammad, Ahle Bait (family of Muhammad), Sahaba (companions of Muhammad) and Sha'ar-i-Islam (Islamic symbols), a cognizable offence, punishable with imprisonment or fine, or with both.

Another addition to the laws was Ordinance XX OF 1984. Under this, Ahmadis were barred from calling themselves Muslims, or using Islamic terminology or practicing Islamic rituals. This effectively resulted in turning the Ahmadiyya community of Pakistan into a minority group.He was also considered anti-Shia because during his reign many Shi'a Muslim personalities and politicians were killed,most prominently the killing of Zulfiqar Ali Bhutto,which many think Zia did on the orders of the United States Government because Zulfiqar Ali Bhutto was anti-American and had a nationalist approach for Pakistan.


Dismissal of the Junejo government and call for new elections
As time passed, the legislature wanted to have more freedom and power. By the beginning of 1988, rumors about the differences between Prime Minister Junejo and President Zia were rife.

On May 29, 1988, President Zia dissolved the National Assembly and removed the Prime Minister under article 58(2) b of the amended Constitution. Apart from many other reasons, Junejo's decision to sign the Geneva Accord against the wishes of General Zia, and his open declarations of removing any military personnel found responsible for an explosion at a munitions dump at Ojhri earlier in the year, proved to be some of the major factors responsible for his removal.

After eleven years, General Zia-ul-Haq once again promised the nation that he would hold elections within the next ninety days. The late Zulfikar Ali Bhutto's daughter Benazir Bhutto had returned from exile earlier in 1986, and had announced entering the elections. With Benazir's popularity growing, and a decrease in international aid following the Soviet withdrawal from Afghanistan, Zia was trapped in a difficult political situation.


Death

Air crash
As he was grappling with these problems, however, General Zia-ul-Haq died in a plane crash on August 17, 1988. After witnessing a tank parade in Bahawalpur, Zia had left the small town in Punjab province by C-130 Hercules aircraft. Shortly after a smooth take-off, the control tower lost contact with the aircraft. Witnesses who saw the plane in the air afterwards claim it was flying erratically. Directly afterwards, the aircraft nosedived and exploded on impact, killing General Zia and several other senior army generals, as well as American Ambassador to Pakistan Arnold Raphel and General Herbert M. Wassom, the head of the U.S. Military aid mission to Pakistan. A common suspicion within Pakistan, although with no proof, is that the crash was a political assassination carried out by the senior arm of the American Central Intelligence Agency (CIA) or Soviet KGB. Other groups who have fallen under suspicion include the Afghan Communists and Shi'ite separatist groups. Other more direct accusation point the finger at rival India whose RAW intelligence agency have covertly carried out several assassinations within the country. But still many political and higher military figures openly say that this crash was actually an assassination carried by CIA to kill Zia and their own Ambassador, after they had done all the work ordered by USA so that American government could hide the facts about the Soviet-Afghan war.


Conspiracy theories about the crash
No evidence has come to light to prove a conspiracy, although several theories do exist. In the World Policy Journal[citation needed], John Gunther Dean, a former US ambassador to India, blamed the Mossad, the Israeli intelligence agency, for orchestrating Zia's assassination in retaliation for Pakistan developing a nuclear weapon to counteract India, and to prevent Zia, an effective Muslim leader, from continuing to influence US foreign policy.

General Hamid Gul, who would become the Director-General of the Inter-Services Intelligence (ISI) after Zia's death, has stated that the CIA was behind the plane crash[citation needed], but his claim appears unlikely, considering Arnold Raphel, the U.S. ambassador to Pakistan, and General Herbert Wassom, head of the American military attache in Islamabad, were also aboard the plane when it crashed. Some theories have even gone on to say that it was an act perpetrated in coordination by the KGB and the CIA.

Immediately after the crash, investigators from the US Federal Bureau of Investigation (FBI) were rushed to the scene, especially because of the presence of the American diplomats onboard. The FBI investigation determined that the crash had been accidental, but rumours remained that there was a 'secret' reason discovered.

According to other rumours, it was determined that nerve gas had been released in the cockpit, disabling the pilots and sending the aircraft head-long into the ground. It was also alleged that this nerve-gas bomb had been highly sophisticated and thus the agents of a government must have been involved.[citation needed]

Which government, was the question. Pakistan viewed itself as being surrounded by enemies, the leaders of almost all of which wanted Zia dead. India was the top suspect, followed by Afghanistan and the Soviet Union. In addition, Zia had enemies at the top level within the government of Pakistan itself. Former prime minister of Pakistan Benazir Bhutto was accused of having rejoiced at Zia's death, because Zia had ordered her father, Zulfiqar Ali Bhutto hanged. Also, Afghanistan under the Communist rule of Najibullah clearly wanted Zia dead, as Zia was aiding the Afghan Mujahidin who were fighting to overthrow Najibullah.

The other question was how a nerve gas bomb could have, theoretically, gotten into the cockpit. The aircraft had been under 24-hour armed guard. Access to the aircraft was strictly controlled by the Pakistan military. It seemed impossible that someone could have sneaked in and placed the bomb there without the knowledge of persons inside the Pakistan armed forces.

People have pointed to some senior dissatisfied generals of the Pakistan Army itself for example, Mirza Aslam Beg, who was scheduled to fly with Zia in this flight, but changed his plans at the last minute - He was later accused by Zia's son Ijaz-ul-Haq as being behind the attack), the United States, the Soviet Union, Israel, the Bhutto family, Al-Zulfiqar and even the Ahmadi faction as a potential suspect. Conspiracies about the deaths persist.

Barbara Crossette, bureau chief of The New York Times in South Asia from 1988 to 1991 has written that, "Of all the violent political deaths in the twentieth century, none with such great interest to the U.S. has been more clouded than the mysterious air crash that killed president (and Army Chief General) Muhammad Zia-ul-Haq of Pakistan in (August) 1988, a tragedy that also claimed the life of the serving American ambassador and most of General Zia’s top commanders".


Funeral and statements by world leaders
His funeral was held on 19th August in Islamabad, the country's capital. . Also in attendance was his successor as President of Pakistan, Ghulam Ishaq Khan, who had earlier officially announced Zia's death in a nationwide address. Zia's remains were interred in a small tomb outside the King Faisal Mosque.

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