First and foremost is the issue of reassessing the state’s strategic goals and changing the manner in which such decisions are made. I would imagine that the ‘Taliban’ was being used by the superior court as a generic term which includes all sorts of jihadi groups operating in Karachi, in particular, and Sindh province in general. The Court must ask how and why the jihadis are so comfortably ensconced in Sindh which is reputed for its strong Sufi tradition. For example, there is now the Lashkar-e-Taiba, spreading its network in upper Sindh, especially in areas where there is a Hindu population. Then there are others like the Sipah-e-Sahaba who are spreading their tentacles as well. At this pace it can be safely assumed that the cultural character of Sindh will undergo a change in the next five to ten years.
In Karachi itself, some of the friendly jihadi outfits are now resurfacing like the Jaish-e-Muhammad, which once had greater say in the affairs of the city but then went partly underground for a while. Some segments of the state are even gently arming and training militant groups, perhaps, to counter the non-religious violence and force of Karachi’s main political party.
Solving the Taliban issue in Karachi and the country at large will have to begin with the question of how and why does the state persist in arming groups, and then creates even more groups to counter/challenge those made earlier. More important, the superior court has to question the mechanism of strategic decision-making in the country — especially how are decisions to make and support militant groups made and who makes them? If put under a microscope, the Supreme Court will realise that it is not the political government which can be held responsible for the mess.
Second, at an operational level, can the problem be solved through improving the performance of the police? Indubitably, the police have to perform their duty and make sure cars with dubious licence plates do not operate in the city, or anywhere in the country. However, there is a larger debate which needs to be opened up on how much should the state and society commit to law enforcement as opposed to the amorphous military security that poses as national security? We often forget that law enforcement, especially policing, is more of a public good that requires serious intellectual and financial investment. The policeman doing his job needs to have the confidence that every time he apprehends a criminal or a “Taliban”, the culprit will not be freed with just one phone call or that people in authority will not come and secretly whisk away the culprit. You can give plenty of weapons to the police but unless they are empowered and trained to take action they will not have the confidence to do so. Policing is now almost a science and should be dealt with in this manner.
Intervention from the top, however, is not a police man’s only frustration. He is totally impotent in the face of a judicial process and system that depends on archaic methods of dealing with terrorism or other crimes. The fact is that Pakistan’s rate of conviction in terrorism cases is abysmal. The current legal system lays emphasis on the first information report (FIR) and identification of the convict by the complainant or affected. So, a case becomes automatically weak if a name is not there in the initial FIR or there is no one to do physical identification, known as shanakht parade. But how do the police produce an identifier, for instance, in the case of a suicide attack? Resultantly, there are cases after cases in which terrorists were arrested but then freed by courts because the evidence did not meet the specified parameters. Over 30 FIRs were registered in the Lal Masjid case and these are still pending, waiting for evidence, or dismissal — which is more likely to happen.
Even when there is evidence, as in the case of Malik Ishaq accused of committing about 70 murders, it were delays and hitches in the legal system that allowed enough time to pass and as that happened, the police officer and others who contributed to his being charged and eventually convicted, by a lower court, for being involved in the attack on the Khana-e-Farhang-e-Iran in Multan were targeted and killed. Interestingly, the judge, who had convicted Ishaq, left the country hours after he wrote the judgment. What is even more intriguing is the fact that the highest appellate court in this case, which is the Supreme Court, did not consider some of the evidence admissible and because of that Ishaq was freed. Some sources even talk about threats to senior judges as the case came up for hearing.
The Supreme Court is quite right in asking the government to pull up the police. But what the judges must also understand is that fighting the Taliban is a highly intense and integrated process that will not happen until all stakeholders come together, decide that they intend to fight this battle, and re-evaluate the operational mechanism of their respective institutions. The judiciary has a critical role to play in this and when some judges themselves have a reputation of being latent-radical, then the battle can’t be fought, let alone won. Perhaps, the senior judges may read decisions as in the Mukhtaran Mai case once again to assess how their notions of justice and what is right and wrong are so problematic that a battle against terrorism can’t be waged. The said decision is not about individual conservatism but about a certain mindset that can only strengthen the Taliban.
Published in The Express Tribune, November 10th, 2012.
COMMENTS (35)
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@ dum dum Your arguments are valid only as long as the society and the nation support extremism. To have peace in the country and around it the solution I suggested is the one that will work. We witnessed it in Indian Panjab. The society did not support terrorism. 'Catch 'em and shoot 'em'. That is what they (taliban) do to the rest of Pakistanis.They show no mercy or remorse. Do not let them get away with it.
Taliban are the creation of CIA and ISI, Pakistani Taliban and Afghani Taliban there are two different Groups, In Pakistan, Taliban are Blach water workers who target Public and then name show on screen Taibaan but actually they are Black Water, And In Afghanistan ther people fight against those who want to capture their land, their Country, There are many factors. Pakistani only face on thing and that is American interference in our Country.
no civilian government could do any thing against killers of Karachi or other killing groups or Taliban but Army. now they started targeting Hyderabad.
1@LUMS student: "@Abid P Khan: In this discourse why do you get personal? Attack the argument and not the person.. now if you made any sense as far as expecting anything from a LUMS student then kindly elaborate.." .
"“…. This is speaking volumes about how warped people think.. its a sorry state of the intelligentsia in Pak. “
I would call this as personal attack on people who happen to have opinion other than your own, who is warped here?
.
@Leader: Yes, indeed. But our liberal analysts have to protect and defend the current rulers and so they have to find scapegoats, and so who better than the judiciary. The "SC" judges cannot openly defend themselves in the media by writing articles and coming on TV talk shows to respond to the yelling and screaming against the judiciary that has become the hall mark of many TV talk shows and liberal analysts in print media. They are handicapped in this regard and so their opponents have a field day. One would have thought that the liberal elites of our country would stand up for the rule of law, accountability of the rulers, and against corruption, misconduct and incompetence; and yet we find them routinely defending our rulers against judicial accountability, on one pretext or the other, and thus providing continuous support to feudal patronage system that they represent, exploitation of the poor that is rampant because of them and total disregard of ethical conduct in running the affairs of the state. And all this is justified by the liberal writers, in the name of some vague common ideological identification between them and the ruling elites, which the rulers claim to adhere to, but in fact to which they do not give a moment's thought in their actual conduct. What a sad state of affairs!
پاسبان مل گئے کعبے کو صنم خانے سے
@Manoj Joshi India: Can you please stop using bold for all your posts? IT makes it difficult to read.
The debate starts and ends with Islam. If powerful arguments can be made, buttressed by specific references to Islamic holy books and doctrine, that the actions of the Taliban are forbidden, then their ideology can be defeated through education. If not, then they will take over Pakistan. Simple "they are not following Islam" or "no Muslim would do this" generalizations are useless absent a firm theological counter-argument.
The Islamic Republic that is Pakistan is faced with one of the biggest threat from the Taliban who as a group have infiltrated quite deep in their society and religious fundamentalism has been ruling the Pakistani mind. The reasons and factors are many and varied and off course the preceding governments are to blame for this problem. The Taliban problem is not just confined to Pakistan as a nation and society but is also a threat to the neighbouring nations wherein Afghanistan has been damaged badly by religious fundamentalism and terrorism and Pakistan continues to burn in this fire. Indeed the police as a department needs to be better armed and trained to handle the problem better but this institution that is the executive arm of the judiciary of a nation should be given a free hand to tackle the menace of terrorism posed by the Taliban and deter the incidents of terrorist violence. Indeed belling the 'Taliban Cat' is not a simple task and the other security agencies of Pakistan are required to play a vital role. But the police which is the institution designed to maintain law and order in the administrative system of a nation has the lead role to be played. India and the Indian forces have tackled terrorism in Kashmir, Punjab and the Northeast hence the police and the security agencies are well experienced in handling such situations. Should India and Pakistan work together on certain fronts if required the move would be most useful to the two neighbours. Critics and cynics will argue against this suggestion and will try their best to stall any such happening. The truth to be accepted by all is that no security agency can ever deliver in full or cent percent as the nature of their job is such. The elite in Pakistan wants peace and progress and the common man a better standard of living which the problem of Terrorism has jeopardised to a considerable extent. The Pakistan Army is facing this test but the Police in Pakistan too must move ahead and they need to be given the required authority in this regard. Sindh a province which is known for a Sufi i.e. Liberal Islamic views is turning radical which is rather perplexing and the Government of Pakistan as well as the Provincial Government of Sindh needs to take a serious view. Ultimately the mindset of a common man in Pakistan needs to change break away from the feudal mould that is the breeding ground of religious fundamentalism and serves the interests of the Taliban.
@Abid P Khan: In this discourse why do you get personal? Attack the argument and not the person.. now if you made any sense as far as expecting anything from a LUMS student then kindly elaborate..
the judiciary is complicit. CJ has not got time enough to make sure his son saves something for him after the retirement. He ha to spend time thinking over his plan. and you want to ask him to take care of the militants dear author? what a stupid demand. go and get a life.
@LUMS student: ".... This is speaking volumes about how warped people think.. its a sorry state of the intelligentsia in Pak. " . Permit me to say that others may think how warped your thinking is. They don't expect much from a student of LUMS.
@Leader: When the judge saw his future bright then in total violation of the Constitution he took oath from the Dictator under PCO and even allowed him to amend the constitution as if it was his(judge's) personal property. But when the same judge saw his future bleak he stood up to maintain the "sanctity" of constitution. What a man of principles.
Interestingly Dr Siddiqa your op-ed has been much less commented on than the three consecutive articles written on the LUMS and Pervez hoodhboy fiasco.. This is speaking volumes about how warped people think.. its a sorry state of the intelligentsia in Pak.
All my previous comments were not printed. A great Op Ed that is thought provoking. The police takes a toll at the hands of terrorists and is not provided with any material or moral support. This should change if there is going to be any improvement.
I don't think this will all happen soon.. First and foremost there has to be policy change of not supporting select Terrorists. That has not happened and hence these things also not happen.
@Shahzad: Thoughtful comments and a great link.
To solve a problem rule number one accept we have a problem then solve it, simply first Pakistani nation at all levels and walks of life accept Talibans are a problem then a committed aggressive long operation against them with no deals will lead to success.
'More important the superior court has to question the mechanism of strategic decision making in the country'. This is contradictory to what the author says in the last two paras of her article. If judges have themselves to understand some thing, then,how can they question some one else.Interference by the court in decision making process is unconstitutional and will make the matters worse. Resolution of 'Politico-Religious Interests' of various groups which are backed by militant cadres is beyond the capacity of the court. Militancy has developed over a period of more than 20years,it will not finish in a decade. The resolution of the issue is the job of government.The present weak response is primarily due to political reasons. The government also needs to make new stringent laws,strengthen investigation,prosecution and judicial process.It must also provide security to all concerned.
People must come to grips with reality sooner or later. Firstly the Taliban ideology has deep roots in the States ideology and narrative of events. Secondly, the Pakistan Constitution has in it contents to make Muslims as a superior class as compared to minorities. Thirdly, this has nothing to do with quality of education or its levels, some of the most rabid fundamentalists can be found in the educated classes.
Without destroying the narrative the disease cannot be treated. Inaction from all Government bodies to tackle the menace is a fallout of the deep divisions within Institutions and inability to recognize that radicalization has infected the nervous system of the majority population. Pakistan is not equipped to solve these problems on its own and pride and ego come in the way of accepting sane advise given by friendly countries.
There is still a hunger in many sections to see Afghanistan as a satellite State, pursuit of which strategy can only hasten the disintegration of Pakistan. Blaming others for self created problems cannot help in solving them. What is needed to be done is crystal clear but the will for it is lacking. The violence levels cannot be brought down by doing nothing including talking to those who want to impose themselves and their alien way of life. The nation must bite the bullet and slay the dragon because bloodshed is destined and cannot be avoided.
@Aviator: This has to be explained Khalid Ahmed has done some analysis see link below http://www.thefridaytimes.com/beta3/tft/article.php?issue=20121109&page=2
"In Karachi itself, some of the friendly jihadi outfits are now resurfacing like the Jaish-e-Muhammad, which once had greater say in the affairs of the city but then went partly underground for a while. Some segments of the state are even gently arming and training militant groups, perhaps, to counter the non-religious violence and force of Karachi’s main political party." This is very sinister if the establishment is continuing with this policy.
At the operational level police has to be strengthened and a witness protection program created and judges protected. See the case of Salman Taseer and his assailant just visit the website of Mumtaz Qadri a retired Chief Justice wants to represent him. Look at the luminaries who support him including Ansar Abbasi who is considered a respected " journalist" slight deviation here from the Taliban issue but, hopefully this highlights the operational issues which need to be addressed.
The expression "belling Taliban Cat" gives me the impression that Talibans are more powerful than Pakistan State. If it is so then we have to invite our foreign friends th help us bell the car. Anyways it is upto the writer to clarify what she had in mind when using this expressions.
@Leader: "One judge can stand up against the Dictator but one govt cannot control the policies of establishment??"
The said judge DID stand upto the dictator in 2007 but also quietly took the PCO oath in 1999.
No one will be allowed to bell the cat (Taliban), as it is Imran Khan's cat, and he has General Musharaf's dog to protect it.
@MS: ..."There should be no Imran Khan style approach. A firm hand with an iron rod is what will make Pakistan a far better place to live in...."
Seriously MS? an iron rod is the solution? So lets look at the facts behind TTP....
Fact # 1) There was no such organization called TTP prior to 2005. It was created a year or two after our military started operations within our own tribal areas as a reactionary force. Fact # 2) TTP initially only operated within our tribal areas and some parts of Afghanistan. Fact # 3) After the brutal "Iron Rod" handling of the Lal Musjid incident gave rise to the so called "Punjabi Taliban". Fact # 4) And last but not the least, our on-going "Iron Rod" approach has lead to the spread of TTP in Karachi.
Synopsis: It is our "Iron Rod" approach that helped with the creation of TTP and it our "Iron Rod" approach which helped in the spread of TTP from the tribal areas to our major cities like Lahore and Karachi. So if the facts serve me right ..... all the "Iron Rod" approach has done so far is to helped the creation and spread of TTP within our country and you are proposing the same strategy moving forward? I wonder where your true loyalty lies, atleast not to the benefit of Pakistan.
Ayesha makes a valid argument, this is a battle of ideologies, mindsets that require comprehensive planning, cooperation, sacrifices and strong leadership. State and all other functionaries must come together and fight this menace, civil society, politicians and intelligentsia will have to come up with a counter narrative which can defeat the barbarian propaganda. Most importantly, there can be no excuses or rationalization of the atrocities until the so called Jihadis are either eliminated or forced to negotiate surrender.
The country and its citizens have to pay a price. Look into what happened to Sikh terrorism in Indian Panjab. Police caught and eliminated terrorists because the courts will not convict them for lack of evidence. Some innocent youth were killed but that was collateral damage and the people were relieved from this menace. It is highly unethical and also morally reprehensible but dire situations require dire measures. If The Pakistani nation really want the society to be rid of this menace then it is a small price to pay in the long run. Central government, state administrations, army and the country as a whole must support this. There should be no Imran Khan style approach. A firm hand with an iron rod is what will make Pakistan a far better place to live in.
Completely agreed with the author. Firstly, unless there is a fundamental change in the thinking of our top judges, insistence on action against taliban is a mere lip service. Secondly, our security apparatus has become the greatest threat to our security itself.
"...what the judges must also understand is that fighting the Taliban is a highly intense and integrated process that will not happen until all stakeholders come together, decide that they intend to fight this battle, and re-evaluate the operational mechanism of their respective institutions. "
Looking from the outside in, I have reached the same conclusion: Pakistan's governing institutions need to be broken and re-made, lest the nation itself do so. The problem is that means some who wield power and have privilege will need to give it up. Thus was the stage set for the French Revolution.
The cat has grown too strong and is even treating the men in khaki as rats ie killing and even beheading them. So, who would bell the cat now as police is totally incompetent and even toothless as correctly analysed in the article ? LeT, Jaish and SS have join the party and as they say more the merrier, are certainly going to add more fuel to the huge fire already burning in Karachi. Can't see any ready or interim solution to curb violence in Karachi, any takers ?
One judge can stand up against the Dictator but one govt cannot control the policies of establishment??
writer is confused I guess sind is part of pakistan u can contain mind set only by providing high level education to masses by not leaving children on Let,or others fate education education and education can solve pakistan problem
Great analysis. Clearly there are large elements in government and society that support terrorism.
Its time to admit that the policy of supporting 'jihadist' organisations in Afghanistan and Kashmir and elsewhere, has utterly failed, and now backfiring. Elements of government and in wider society that are found to be supporting and funding terrorist organisations should be apprehended. These groups should be outlawed immediately. Glorification of extremist ideology should also be clamped down, and an education programme launched which outlines the true meaning of Islam and how it actually condemns extremist ideology.
Its time to re-take the dialogue on Islam away from the terrorists, and decide what sort of future we all want.