Pakistan is faced with the most difficult times since its creation in August 1947. The welfare of Pakistan is a Constitutional duty of every citizen of Pakistan wherever he lives. However, the welfare of Pakistan under article 5(1)(2) is shared as a Constitutional duty by non citizens living in Pakistan as well.

The future of Pakistan is a concern for other civilised communities and nations around the world. The people of Kashmir remain far more visibly concerned and shaken in this regard. Future of Pakistan and relations between India and Pakistan have a corresponding impact on the Rights Movement of the people of Kashmir, living on either side of the divide.

Pakistan has a future only if it walks to live with the strength of institutions and resolves to reject the return of 'individual' rule. The country has to learn to entrust itself in the hands of an independent judiciary, supported by a democratic culture based on the free will of the people as a basis of governance, a free civil society, willing to accept pluralism, and an army obedient to the Constitution and ready to obey The Federal Government as provided in article 243 of the Constitution.

Therefore Pakistan needs to rid itself of an imperial army and an imperial bureaucracy and work for a conscientious civil society which upholds article 5(1)(2) of the Constitution and an obedient army which is prepared to carry a higher burden of duties under articles 190, 243, 244 and 5 (1)(2) of the Constitution.

At this point in time all are not equal in the eyes of law in Pakistan and all are not treated in accordance with law.

General Pervez Musharraf while talking to BBC's Today Programme on Saturday 17 November conceded that "Have I done anything constitutionally illegal? Yes, I did it on third November. But did I do it before? Not once." This admission that he did something 'constitutionally illegal' on 3 November raises may fresh questions at a time when we have a Supreme Court constituted under the Constitution and the other one constituted under PCO promulgated by a person who is under oath to defend the first Supreme Court and act under the authority of the Federal Government and remain loyal to Constitution under article 5(1)(2).

If Musharraf is allowed the freedom to violate two oaths taken under articles 244 as a soldier, under article 42 as a President, and violate constitutional duties under articles 5(1)(2), 190, 243 and violate the limits prescribed in the Preamble of the Constitution, then all are not equal in the eyes of law and all are not treated equal in accordance with law in Pakistan.

A confession that the action of 3 November 2007 has raised a serious question of judicial propriety for the judges of the Supreme Court who have taken oath under PCO promulgated on 3 November 2007. President Musharraf has admitted that his action was 'constitutionally illegal'.

The oath of these judges under PCO would be deemed to have been taken in violation of their Constitutional Oath and in violation of 7 member Supreme Court judgment declaring the promulgation of PCO order unconstitutional and without any force of law and restraining the members of judiciary from taking any oath under it.

The judges of the Supreme Court are equally bound by article 5 (1)(2) to remain loyal to State and obedient to Constitution and remain under duty under article 190 which bids all executive and judicial authorities to act in aid of the Supreme Court. President Musharraf's admission makes any future dispensation of justice not only suspect but at war with the judicial conscience of a judge. If they sit to decide the cases filed against the office of President Musharraf and legitimacy of PCO they shall be regarded to have sat in judgement in their own cause.

President Musharraf's address to the nation on 3 November in which he said "To the critics and idealists against this action, I would like to say, Please do not expect or demand your level of democracy which you learned over a number of centuries we are also trying to learn and we are doing well - Please give us time. Please also do not demand and expect your level of civil rights, human rights, civil liberties, which you learned over the centuries. We are trying to learn and we are doing very well also. Please give us time", is at war with article 8 in chapter I of the Constitution of Pakistan.

President Musharraf who has prided in his philosophy of 'enlightened moderation' has misdirected himself while addressing the civil society outside Pakistan. The civil society outside Pakistan and around the globe hinges on a universal philosophy under article 1 (2) of UN Charter to respect the 'principle of equal rights and self-determination of peoples'. The sovereignty inheres in the "Peoples of the United Nations" and in no way in the wisdom of an army general in Pakistan.

If the members of civil society in Pakistan are not yet mature to enjoy the "level of democracy" and "level of civil rights, human rights, civil liberties" which the West has  learned over the centuries, it leaves all Pakistani's living in the West with a serious deficit to cover. President Musharraf seems to suggest that West need not respect their fundamental rights or treat them equal and in accordance with law.

They need to be caged and transported like savages and moors. It is not 'enlightened moderation' but a philosophy of a Pakistani General who wishes to remain outside the pale of obedience to constitution and desires to be seen different to other Pakistanis, who in his opinion are savages and moors and need "centuries to learn" about democracy and civil rights, human rights, civil liberties. The General needs to be reminded of the contribution that Pakistanis have made and continue to make to the civil society in all shades of life in the West. Pakistanis break laws but are treated in accordance with law.