Round The World

New Delhi, 4 August 2009

Unrelenting Pakistan

SITTING PRETTY ON DOSSIERS 

By Monish Tourangbam

Research Scholar, School of International Studies, JNU

 
Another long-drawn irritant strikes India-Pakistan relations even as critics of the joint statement at Sharm-el-Shiekh are hardly silent. The Pakistani government, despite high-sounding promises to fight terrorism has literally allowed the Jamaat-ud Dawa (JuD) chief Hafiz Saeed to go scot-free. Saeed headed the Lashkar-e-Toiba (LeT) before moving over to the JuD, largely believed to be a cover organization for the former. But links with the LeT is what Saeed continues to deny.

The reprieve was granted through a ruling by Pakistan’s Supreme Court, indefinitely adjourning the hearing of an appeal against the release of the JuD leader by a Lahore High Court order. Petitions had been filed against the Lahore High Court Order by the Punjab provincial government through its advocate-general and the Pakistan federal government through the Deputy Attorney-General. But, a recent ruling from Pakistan’s apex court declared Musharraf’s imposition of Emergency on November 3, 2007, and proclamation of the Provisional Constitution Order as illegal and unconstitutional.

Consequently, Musharraf’s order on judicial appointments constituted during the Emergency was scrapped. Pursuant to the Provisional Constitution Order (PCO) that replaced the Constitution for the duration of the Emergency from November 3-December 15, 2007, an amendment was made lowering the age for High Court judges from 45 years and above to 40 years and above.

When the Emergency and the PCO were declared null and void by the Supreme Court, the original age limit stood restored and 43-year-old Farooq was among the many to fall victim to the new ruling. The adjournment had been requested by the Punjab Additional Advocate-General until a new Advocate General was appointed, who could argue the case on behalf of the Punjab provincial government, the main petitioner in the case.

It might be argued that the present adjournment is a normal legal procedure and that there is no need to be alarmed over the recent developments. But, the case in discussion should be treated as critical for the simple reason that the accused involved is no ordinary criminal. Rather, the list is quite long when it comes to accusations against Saeed regarding his association in anti-India activities. He has been accused of involvement in the December 13, 2001 attack on the Lok Sabha and was detained and put under house arrest. The Punjab provincial government arrested him in connection with the 11 July 2006 Mumbai train bombings but was eventually released by a Lahore Court order.

After 26/11, India had formally requested the United Nations Security Council to blacklist JuD and Saeed as being associated with terrorism. New Delhi accused the JuD of being a front organization of the LeT. Expectedly, Saeed, speaking to Geo Television denied all such accusations saying, “No Lashkar-e-Toiba man is in Jamaat-ud-Dawa and I have never been a chief of Lashkar-e-Toiba.”

In December 2008, the United Nations declared the JuD to be a LeTfront and as a result, Saeed was again placed under house arrest. But as stated before, the Lahore High Court this June ordered Saeed to be released stating that the containment was illegal in the absence of concrete evidence. Here is a man who has been accused of some of the most damaging and heinous attacks on Indian soil in recent times. The UPA Government would face severe opposition in Parliament as well as in the media if it were to act soft in this case.

On its part, the Pakistani Government continues to resort to dilly-dallying politics. It plays the victim at international forums and is as aggressive as ever against India at home. Worse, after his release, Saeed is as arrogant, defiant and anti-India as ever. He is reported to have said, “It's our first success, it’s proved that JuD is not a terror organisation. Pakistan Government succumbed to international pressure. JuD has been targeted for speaking against Indian atrocities. They couldn't link us with Al Qaeda.”

The Supreme Court decision came on the heels of the UPA Government reportedly handing a new dossier of evidence proving the LeT’s involvement in the Mumbai 26/11. The dossier, to this date, clearly nails the JuD leader’s pivotal role.  

Following the severe criticism of going soft on Pakistan and its resolve to fight terrorism, the UPA Government went on a damage control exercise with its Foreign Minister S M Krishna slamming the Pakistani establishment. He said the real test of Pakistan’s determination to fight India-specific terrorism lies on how “decisively” it intends to act against the JuD chief Hafiz Saeed. Pakistan has been provided enough evidence regarding his involvement in the terror attacks. “The dossiers handed over to their High Commissioner here have provided all evidence. We have fulfilled our part of the obligation; it is up to Pakistan now to act in this regard.”

Reports in the media, suggest that the evidence includes: the police confession of Ajmal Kasab - where he specifically names Saeed for coming to his terror training camp, confessions of co-accused Indians Fahim Ansari and Sabauddin also naming Saeed, the UN Security Council ban on Saeed and the Jamaat-uD-Dawa after the Mumbai attacks and Saeed’s habitual public anti-India speeches that instigate terror.

The latest dossier handed over to Pakistan contained more concrete evidence, including more of Kasab's confessions and answers to Pakistan's questions on the numbering of Global Positioning System (GPS) equipment used in the attacks, the number of the Yamaha boat engine recovered, and details of pink foam that were used to pack the bombs - that Pakistani police have found during the raid that captured LET operatives.

But, Islamabad is unrelenting and unwilling to be satisfied. In fact, it may not want to be satisfied at all. As the number of dossiers incorporating evidence against Saeed increase, the Pakistani establishment seems all the more destined to cite lack of evidence. Pakistan's interior minister Rehman Malik in an interview said, “Saeed will not be arrested merely on the basis of statements linking him to the attacks and the Indian government has been asked to provide proof of his involvement in any misdeeds.” He further added, “we have demanded and we are demanding from India that if you have proof, give (it to) us, but do not do propaganda. I assure we will take action. But just on hearsay we cannot arrest our citizen.”

The Pakistani establishment has been acting like a stubborn father determined to cover up his son’s folly. Five lower LeT operatives, including operations commander Zakiur Rehman Lakhvi have been facing trial for their alleged involvement in the Mumbai attacks but as Minister Krishna says, the real test lies with Islamabad’s actions against Saeed. The present stance of the Manmohan Singh administration is an effort to propagate the message that his Government will be equally focused on fighting terrorism while exploring ways to engage Pakistan. The big question is: will it yield results?  --- INFA

(Copyright, India News and Feature Alliance)