On a day that saw the month’s third drone strike in North Waziristan, the Peshawar High Court (PHC) issued a notice to former military ruler Pervez Musharraf for giving the “green signal” for the US drone campaign in the country’s semi-autonomous tribal regions.
A two-member bench – comprising acting Chief Justice Maftahuddin Khan and Justice Seth Waqar – was hearing a writ petition filed by Advocate FM Sabir of Difa-e-Pakistan Council (DPC) against the killing of innocent civilians, including women and children, in drone attacks in the tribal regions.
The bench summoned Musharraf on the next hearing to explain his position. Deputy Attorney General Iqbal Mohmand informed the judges that the defence ministry had denied giving permission to any country for drone strikes in Pakistan.
The defence ministry, in its written reply, denied allowing US or Nato forces to conduct drone strikes in the tribal areas. However, the ministry did admit that the controversial campaign had been successful in eliminating some of most high-profile terrorists in the region.
“There is no record held with the armed forces of Pakistan regarding any agreement for US drone strikes inside Pakistani territory, including the federally administered tribal areas (Fata),” read the statement by the defence secretary.
The government had protested and condemned drone attacks on Pakistani soil, he said adding that the issue had also been raised at several international forums since the fundamental rights of Pakistanis living in Fata could not be denied.
During the case hearing, Advocate Sabir alleged that Musharraf had given the go-ahead for the CIA-operated drone campaign in 2004, requesting the court to issue arrest warrants for the former president.
“We wish we could, but ahead of issuing his arrest warrants, we are bound by law to serve him first with a notice,” Justice Waqar Ahmad Seth observed.
The drone dent
During the last hearing, the PHC had sought from the federal government and the political agents of North and South Waziristan agencies details of US drone strikes in their respective areas, including the number of such attacks, names and number of people killed and other collateral damage.
On August 16, North Waziristan’s Additional Political Agent (APA) Zaheeruddin Babar had presented a report regarding human and material losses due to drone attacks in Fata till 2008. However, Chief Justice Dost Muhammad Khan had termed the report incomplete.
UK-US intelligence sharing
Meanwhile, a writ petition filed by a man, Malik Noor Khan, whose father was killed in a suspected drone strike in North Waziristan, was heard at the London High Court in England on Wednesday.
Lawyers for Noor Khan say his father Malik Daud was part of a jirga which was hit by a drone in North Waziristan. The petitioner has sought information from the British government for providing intelligence to the US, which resulted in the drone attack on March 17, 2011 in the Dattakhel area of North Waziristan, killing a number of jirga members, including Noor Khan’s father.
Published in The Express Tribune, October 25th, 2012.
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Nine drone attacks during Musharraf's rule versus 100s during the present regime in Pakistan is no comparison. If this regime is serious about the drone attacks, let them stop them.
complete political gimmick. president musharraf never gave any permission, not that the US would need it. and if it was given, why hasnt the army or PPP taken that permission back?