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Showing posts with label Nisar Ali Khan. Show all posts
Showing posts with label Nisar Ali Khan. Show all posts

Monday, December 22, 2014

A Criminal Delay

Amir Zia
The News
Dec 22, 2014

There is also a tiny lobby comprising pseudo-liberals and office bearers and activists of foreign-funded rights groups, who actively advocate scrapping the death penalty without taking into account Pakistan’s objective realities. They quote examples of this country and that country which abolished the death sentence, but fail to mention that none of them face the kind of terrorism and law and order challenges as does Pakistan. 

Former president Asif Ali Zardari must have been greatly anguished to see the first two terror convicts being sent to the gallows on Dec 19. After all, he and his party went out of the way to place the controversial unconstitutional de-facto moratorium on the death penalty in 2008 to protect the lives of convicts found guilty of heinous crimes such as terrorism, mass killings, murders, child rape and abductions. 
Zardari’s soft corner for the jail inmates is perhaps understandable because he himself spent a long time in prison on charges of corruption before managing to get off the hook as a result of a deal with the former military-led government. 
Prime Minister Nawaz Sharif, who continued with Zardari’s policy, also seemed to be reluctant to remove this dichotomy in the legal system, which on paper authorises the judiciary to hand down death sentences but the executive blocks its implementation. Sharif, for reasons best known to him, continued with the ban on the implementation of the death penalty till the harrowing Dec 16 carnage at the Army Public School in Peshawar left him with no option but to partially surrender to the long-pending demand of the security forces and the majority of Pakistanis to allow the hanging of at least terror convicts. 
Both the PPP and the PML-N failed to formally abolish the death sentence by amending the constitution for three reasons; first, public opinion overwhelmingly remains against any such move. Second, most top legal minds, including judges of the supreme and high courts, senior police officials and the armed forces firmly oppose any such change in the constitution. And third, because of fear of a backlash from the powerful religious forces, which see any such step against the tenets of Islam. Therefore, the past and present ruling parties just chose to live with this contradiction, which benefited the terrorists and the killers at the cost of victims and their families.
There is also a tiny lobby comprising pseudo-liberals and office bearers and activists of foreign-funded rights groups, who actively advocate scrapping the death penalty without taking into account Pakistan’s objective realities. They quote examples of this country and that country which abolished the death sentence, but fail to mention that none of them face the kind of terrorism and law and order challenges as does Pakistan. 
In none of these countries have nearly 60,000 people lost their lives in terrorism-related incidents since 2002. None of them have bands of religious extremists, politically sponsored terror groups and criminal mafias forcing their citizens to live virtually on a knife’s edge. They also do not take into account the soaring crime rate and incidents of lawlessness in this land of the pure, which calls for tough measures on a war-footing. They also seem to be oblivious of the wide gap between social and economic development, literacy rate and income between us and them.
But how can these pseudo-liberals and so-called rights advocates see and comprehend the stark reality of Pakistan? They see Pakistan through the rose- tinted glasses of their small bubble where they queue up for foreign visas to attend international conferences for free, eye fat consultancy contracts and jobs in various NGOs or are content with the clout they can have in the right quarters here and abroad to advocate the agenda handed down to them by donors.
Even after the Peshawar school attack, many of them are out to confuse the issue of death penalty with their ‘ifs’ and ‘buts’. In doing this they fail to mention that, despite its many flaws, Pakistan’s judicial system provides multiple opportunities to the accused and convicts to go for appeals at various stages of the trial. 
The weakness of our judicial and prosecution system is not that it convicts an innocent, but that it allows hardened criminals and terrorists get away scot-free because of its many loopholes. Our higher and superior judiciary remains extra-vigilant in awarding death penalty, demonstrated by the small number of such decisions and which in fact remains one of the key complaints of the bosses in the police and the other law-enforcement agencies.
The government’s decision to partially lift the moratorium on the death penalty has come after a criminal delay of almost six years. During this period only one hanging occurred in 2012 and that too on the military’s insistence. The decision to reinstate the death penalty – a small step in the right direction – seems a knee-jerk government reaction to pacify public anger rather than a well-thought out strategy to fight terrorism in all its forms and manifestations.
The pertinent question remains: why did the respective governments of the PPP and the PML-N drag their feet on this important issue all these years? Was the threat of terrorism any less in the past than it is today? Was the blood of children and men, women, young and old not being shed in those bad old days? Were high-value sensitive defence and military organisations not being targeted and our soldiers and officers not being martyred? 
From the beheading of our soldiers in Taliban captivity to all the killing sprees as a result of unrelenting suicide attacks and bombings at our places of worships, schools, markets, passenger buses across the country, there has been one barbaric atrocity after another. So many that we have lost count. And when all this was happening, our civilian leadership remained in the grip of senseless inaction.
The Taliban apologists within their ranks argued and pleaded for so-called – and futile – peace talks which only gave more time to the Al-Qaeda-inspired-and-linked foreign and local militants including the Taliban to rest, regroup and reorganise to carry out more such attacks. How can one forget and forgive Interior Minister Nisar Ali Khan’s passionate performance on the floor of parliament after the killing of terrorist kingpin Hakeemullah Mehsud? If one believes his words at the time, Pakistan lost its only hope for peace with the killing of Mehsud. Many government stalwarts, Imran Khan and his PTI, the Jamaat-e-Islami, various factions of the Jamiat Ulema-e-Islam – they all stand guilty of acting as Taliban apologists rather than unconditionally supporting the armed forces and creating a counter ideological narrative to defeat the extremist mindset.
It is ironic to see the way the civilian leadership is attempting to take credit for the launch of Operation Zarb-e-Azb in North Waziristan, for which the push came from Army Chief General Raheel Sharif and his top military leadership. Many of these civilian leaders reluctantly owned this operation, while others like Imran Khan chose to stay silent.
It was the force of circumstances which made them fall in line when Operation Zarb-e-Azb was launched and yet again the dictates of time made them partially scrap the death penalty. We have yet to see the vision, initiative, determination and sense of purpose from the civil leadership in confronting the twin ghost of religious extremism and terrorism – the gravest existentialist internal challenge faced by the country. 
It is only the armed forces that stand as our first and the last line of defence against the terrorist forces, which are trying to dismantle and wreck the state called Pakistan. All the rest remains a boring side-show full of clichéd statements, hollow claims and empty words.
The December 16 massacre of our children is our day of reckoning. Barren words fall short when we try to describe this tragedy. Mere statements offer no balm, no healing touch to the wounded souls of those parents, siblings and families who lost their loved ones at the hands of these barbarians. Many other similar, big and small, tragedies got erased from our collective conscience, but let’s keep this one alive and turn our grief into long-term sustained action. Let each of us play our role to defeat the extremist mindset – just as the armed forces are intensifying efforts against the terrorists. Pakistan is at war. Let’s make it win.

Monday, December 9, 2013

Delusion Versus Reality


By Amir Zia
Monday, December 9, 2013
The News 
The lull in killings that followed the start of the Karachi operation is part of the old pattern in which after every spike in violence there comes a similar period of relative calm. 
Despite the three-month long continuing operation against criminals and terrorists, Karachi remains as dangerous and lawless as ever. Refuse to accept what many of our top government officials want us to believe – that the operation has brought the crime rate down and managed to rein in killers, extortionists, drug peddlers and robbers.
Our rulers live in a make-believe world. They wear rose-tinted glasses and feel safe in their bubble. The high walls of official residences, siren-hooting motorcades and empty roads – where no trespassing is allowed when the lords and masters of today’s Pakistan move from one place to another – make everything around them appear hunky-dory.
But the rough and tough real world of Karachi’s ordinary citizens is unsafe and treacherous. In this world, killing and being killed by a bullet is far easier than getting an appointment from a doctor at a government health facility or enrollment of your child in school. Whatever the government statistics may claim, here killers strike at will. Assassins come, shoot and simply walk away. The business of killing has become as simple as that.
The first six days of December are enough to put a big hole in the grand delusion that the Karachi operation is heading in the right direction. These six days saw more than three dozen people shot to death in various parts of the city. December 3 proved the worst, a day on which more than a dozen people were killed. The list of victims included Sunni and Shia clerics, seminary students, policemen, political activists and several ordinary citizens. 
Let the top police and rangers officials bask in the glory of ‘successful raids’ by their men, which led to the arrests of over 10,000 suspects and seizure of a huge number of weapons. The chest-thumping done by Prime Minister Nawaz Sharif, his talented Interior Minister Chaudhry Nisar Ali Khan and bigwigs of the provincial government fails to alter the ground reality where the non-state actors have greater control over violence, which should ideally be the prerogative of the state.
Despite the operation, assassins have effectively managed to underline the bitter fact that the police and the Rangers are not the masters of the situation in this teeming port city.
The lull in killings that followed the start of the Karachi operation is part of the old pattern in which after every spike in violence there comes a similar period of relative calm. Haven’t Karachi-ites seen this before?
The players and faces of executioners change and new brutal forces join in the game of death, pushing lawlessness to the next higher level. But what doesn’t changes is the state’s inability and unwillingness to deal with the challenge. As a result Karachi – with its myriad ethnic, sectarian, social, economic and political conflicts and contradictions – now seems to be resting on a gunpowder keg which can ignite and explode anytime.
The state institutions are on the back foot. After every fresh bout of violence, they either get into a fire-fighting mode or prefer to take a backseat and let the conflict temporarily subside on its own. In both these cases, the root causes of the strife remain unaddressed. 
Take for example the issue of sectarian killings. The security forces do arrest notorious militants, but they are seldom brought to justice because of weak investigations, poor prosecution and a highly flawed judicial system. These convicted operate terror networks from prisons against the backdrop of an ill-judged moratorium on hanging placed by the previous government in 2008. 
Prime Minister Nawaz Sharif’s government continued with the cessation in hanging in the larger interest of convicts. In today’s Pakistan, convicted murderers have human rights, but those they kill – and their families – have none. They are just forgotten to appease the European Union, the rights groups and the outlawed terror organisations.
This is only one aspect of the problem. The state and its institutions also fail to act against those nurseries which produce the extremist mindset. Pulpits and seminaries continue to operate unregulated. The current government has gone an extra mile to appease extremists by its desperation to hold talks with the Al-Qaeda-inspired local Taliban. No wonder, our security forces do not know whether to treat these forces as friends or foes. The security apparatus stands paralysed thanks to the confusion brought about by the mantra of talks by the right-wing religious opposition and even the government’s stalwarts – foremost among them being our interior minister.
When the man in charge of the country’s internal security fails to recognise threat and give direction, it would be unjust to blame the security agencies at his command to do the needful. The same is the case with militants affiliated with political and mainstream religious parties. They also benefit from the shortcomings of the prosecution and the judicial system.
Political considerations prevent security officials from going for a decisive action. The so-called operations and crackdowns are carried out in fits and starts. Policing gets further compromised when sitting provincial ministers patronise ring leaders of extortionist and criminal mafias. 
Let’s not forget the banned Peoples’ Amn Committee of Lyari and its ties with some of the stalwarts of the Pakistan People’s Party. No wonder the committee’s top-gun Uzair Baloch escapes abroad so easily. The Muttahida Qaumi Movement, despite its emphatic lip-service on breaking ties with militancy, continues to harbour militants under its wings. 
There are a few things that never change. The Awami National Party, the Sunni Tehreek, the Jamaat-e-Islami and several others including Sindhi nationalist parties all have armed gangs at their disposal and many of them directly involved in crime and terrorism.
To add to this problem is the fact that authorities are seen as unfair players in Karachi’s cauldron. The PPP now represents the interests of the rural ruling class. Most of its actions – including continuously framing and changing laws to make the local bodies as ineffective as possible; supporting one gang of outlaws to counter the muscle power of the MQM; and heavily biased structure of provincial taxation – are seen to be against the interest of the urban population.
Unfortunately the PPP leadership is perceived as too self-serving and corrupt to manage the affairs of Karachi fairly. The police and other agencies at the provincial government’s disposal get tainted and their actions become controversial because of the trust gap between the rulers and the ruled. Disconnect between the government and aspirations of the people remains a major stumbling block in dealing with crime and terrorism in the city. 
The multitude of social problems and vast economic disparities only makes the Karachi challenge more complex and grave. They provide readymade ingredients, which allow crime mafias and terrorist networks to thrive and expand. 
The crisis in Karachi can still be managed, but it requires difficult decisions. The police force needs to be free from political pressures. It should be seen as a neutral player, working for the supremacy and rule of law rather than the whims of ministers and for advancing their political goals.
Along with a crackdown on criminals and terrorists, there is a need to clean the grounds that breed them. This requires investment in education and economic and social uplift. The government needs to do away with the dichotomy in law by lifting the moratorium on the death penalty. This will help in establishing the writ of the state and prevent private vendetta. Judicial reforms for quick dispensation of justice also remain long overdue. They should be high on the priority list.
The most important step is the introduction of an effective and powerful local governance system, which our major political parties love to hate since it erodes their power and clout. But for a pro-people democratic order, powerful local bodies are a must. Are the elected representatives in the mood to do the needful? So far all indications are negative. They appear content to live in their delusionary world as Karachi suffers and remains caught in the vortex of lawlessness and disorder.

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