Sunday, March 27, 2011

COMMENT ON THE ARTICLE THAT PAKISTANI MILITARY SHOULD BE THE PAKISTANI JUDICIARY ALSO


Is Judiciary Equipped Enough to Deal Insurgency?

This is a Pakpotpourri Exclusive
Jawad Raza Khan   
Jind-ullah men responsible for Ashura attack in Karachi escaped through a dreadful attack on police, right in the courts premises. CIA building in Karachi has been bombed by a suicide attacker, high value targets feared to be escaped. Two brothers gunned down in Feroze wala courts, incidentally in police custody. Security agencies are frustrated due to no or delayed actions against the apprehended terrorists.

THE WHOLE EDIFICE OF PAKISTANI STATE IS DEEPLY FLAWED AND ETHNIC !
THE ARMY HAS HAD A DOCUMENTED HISTORY OF BEING TRIGGER HAPPY IN NON PUNJABI ETHNIC AREAS OF PAKISTAN STARTING FROM BALOCHISTAN (1948 ,1958-62 , 1963-39 ,1973-76 , 2002-TILL TODATE)  EAST PAKISTAN (1971) ANTI BHUTTO AGITATION IN 1977
MAJOR GENERAL KHURSHEED FROM MY REGIMENT , AN OUTSTANDING OFFICER FROM NWFP WAS SHOCKED IN 1977 TO NOTE THAT IN 1977 A LARGE NUMBER OF CIVILIANS KILLED IN SINDG BY ARMY AND POLICE HAD NO AFFECT ON THE ARMY BUT WHEN AN ODD THREE OR FOUR CIVLIANS WERE KILLED IN LAHORE SOME FOUR BRIGADIERS REFUSED ORDERS TO FIRE AND IT WOULD NOT BE WRONG TO STATE THAT THE MARTIAL LAW OF 1977 WAS AN ILLEGAL ACT OF AN EAST PUNJABI GENERAL WHO DEEPLY IDENTIFIED HIMSELF WITH AN AGITATION IN WHICH THE LARGELY EAST PUNJABI POPULATION OF LAHORE WAS INVOLVED
WHEN ATAULLAHS MENGAL YOUNG AND HANDSOME SON WAS KILLED IN COLD BLOOD BY THE MILITARY INTELLIGENCE IN KARACHI NO PAKISTANI COURT TOOK ANY ACTION






These types of headlines are easily digestible in a Bollywood action packed, high voltage BHAI LOG movie but a country who is fighting the most sophisticated form of warfare in the history of mankind is putting its survival on stake by neglecting it.Readers, this is real and very recurrent in Pakistan.
Warfare is now an interlocking system of actions, political, economic, psychological, and military-that aims at the overthrow of the established authority in a country. I got this definition of modern warfare (terrorism) from a book written by Roger Trinquier, a French writer "Modern Warfare a French view". Thanks to the writer that he has written it as French view because we are always excited to apply foreign researches on our own people and land without its necessary analysis and expected impacts on our own society.
When Westerners discuss counter insurgency operation in a third world country like Pakistan they always make religious intolerance and economy as an imperative to be looked in. They also claim to be believer of the fact that for a successful counter insurgency operation after flexing the military muscle, education and economic activity needs to be flooded in. We all believe in it and make our priorities and plans as per the same precedence; incidentally we apply it without scrutinizing our own strong and weak points with our culture and religion in the backdrop.
COUNTER INSURGENCY IS A DEEPLY MISUSED WORD IN PAKISTAN .THE RULE OF THUMB IN PAKISTAN IS THAT ALL PATRIOTS ARE IN PUNJAB , ALL TRAITORS ARE IN SINDH AND BALOCHISTAN AND THE NWFP HAS SOME PATRIOTS AND A SIZEABLE NUMBER OF RAW AND CIA AGENTS !
THUS WHEN BENGALIS WERE COERCED BY ARMY AND CIVIL BUREAUCRATS TO RENOUNCE THEIR MAJORITY IT WAS PATRIOTISM AND WHEN THEARMY LAUNCHED AN ACTION AGAINST THEM BEACUSE THE BENGALIS HAD WON THE ELECTIONS THEY WERE TRAITORS !
WHEN ALL RESOURCES OF WEST PAKISTAN WERE SPENT ON THE TRIANGLE LAHORE LYALLPUR AND ISLAMABAD FROM 1955 TO ABOLITION OF ONE UNIT IN 1969 THIS WAS PATRIOTISM BUT WHEN AKBAR BUGTI ASKED FOR MORE LOYALTY HE IS A TRAITOR !




Swat insurgency finds its roots in incompetent judicial system which was not like that before 1969; people of Swat use to enjoy an efficient and speedy justice system. The slogan was very timely, smartly and comprehensively used by the TTP Swat, at first, the Taliban gained public support with promises of speedy justice. But public beheadings and floggings outraged many in Swat, a former tourist paradise beneath lush mountains.
PAKISTANI JUDICIARY WAS CORRUPTED AND DESTROYED BY FOUR MARTIAL LAWS WHEN UPRIGHT AND HONEST JUDGES WERE HOUNDED OUT AND JUDICIARY WAS DEEPLY ETHNIC WITH CHARACTERS LIKE ANWAAR UL HAQ AND NASEEM HASSAN SHAH REGARDING ALL NON PUNJABIS AS TRAITORS AND FULLY SUPPORTING THEIR JULLUNDHURI PATRON THE ILLEGITIMATE USURPER ZIA UL HAQ


SUCH WAS THE ETHNIC BIAS IN PAKISTAN THAT WHEN A PUNJABI PRIME MINISTER WAS REMOVED HE WAS RESTORED BY A PUNJABI DOMINATED JUDICIARY BUT WHEN A SINDHI PRIME MINISTER WAS REMOVED IT WAS GIVEN AN OK BY THE JUDICIARY AND THIS GRAND CONTRADICTION WAS PUT ON RECORD BY NO ONE LESS THAN A JUDGE OF SUPREME COURT JUSTICE SAJJAD HUSSAIN SHAH




Pakistan Army operated in a highly professional manner to out root the terrorists, and the world saw another exodus in the form IDPs from Swat valley. Military muscle did the trick, many were killed, rest apprehended and the planet witnessed one of the speediest returns of IDPs after a successful counterinsurgency operation which has no such precedence in the history of Warfare.



THE SWAT OPERATION WAS A CASE OF USE  OF OVERWHELMING FORCE IN A SMALL AREA SOME 60 MILES BY 120 MILES BY AN OVERWHELMING FORCE USING 155 MM HEAVY ARTILLERY TANKS AND GUNSHIPS AGAINST A WEAK INSURGENT FORCE . 


IN ANY CASE THE ARMY HAS HAD A RECORD OF BEING TRIGGER HAPPY IN ALL AREAS OF PAKISTAN OUTSIDE PUNJAB
IN CONTRAST THE BALOCHISTAN INSURGENCY OF 1973-76 TOOK MUCH LONGER AND WAS ONLY RESOLVED BY A POLITICAL AGREEMENT .IN CONTRAST THE PAKISTAN ARMY HAS FAILED TO CONTAIN THE BALOCHISTAN INSURGENCY SINCE 2002 AND TILL TODATE THE INSURGENCY SHOWS NO SIGN OF SUBSIDING
In the basic concept of military doctrine decision factors are mission, enemy, terrain and resources but this modern and unique warfare cannot rule out one most important factor and i.e. the inhabitants. In case of Pakistan the state of affairs of its citizens can be easily drawn from the state of fatalities received by the local people during terrorist activities. It must also be borne in mind that these brave residents are also playing a role of combatants in this type of warfare, rather to be fair and square they have suffered more than the combatant soldier.
Fatalities in Terrorist Violence in Pakistan: 2003- 2011

YearCiviliansSecurity Forces (SFs)
200314024
2004435184
200543081
2006608325
20071523597
20082155654
200923071011
20101796469
2011*22698
Total96203443
Security agencies along with their intelligence tentacles have been able to arrest many of the terrorists and claimed to have broken numerous networks as well. If, I just total up the number of terrorists apprehended in Swat, FATA and in other parts of the country as shown on media, their number without exaggeration will be in thousands. On the other hand, to deal these thousands of prisoners of war there are only 41 ATCs (Anti Terrorist Courts) all over Pakistan with mere 11 in the most affected province of KPK.
The quantity analysis of the justice machinery will seems to be more promising if we analyze the efficiency of courts qualitatively. It can be summarized in just one sentence "Not a single capital punishment has been awarded and executed to any terrorist in Pakistan. On the other hand Pakistan have seen the most brutal part of this insurgency with deplorable economy, social problems, psychological trauma, power shut downs and loss of precious human lives.
THE PAKISTANI MILITARY LAW IS DEEPLY FLAWED AND ONE SIDED.BASICALLY DRAFTED BY BRITISH TO DEAL RUTHLESSLY WITH A NATIVE INDIAN ARMY . 
THE FUNCTIONING OF MARTIAL LAW COURTS IN PAKISTAN  IN 1977-85 WAS ALSO HIGHLY BIASED AND THIS HAS BEEN COVERED IN DETAIL BY MANY JUDGES INCLUDING MIAN DILAWAR MAHMOOD OF MASSON ROAD LAHORE IN HIS BOOK ON MARTIAL LAW COURTS
With above in foregoing, you may not be astonished to hear that, there are round about 2000 pending cases in ATCs of Pakistan against the apprehended terrorists.

EVEN THE PRESENT INSURGENCY IN PAKISTAN IS CREATED BY PAKISTANI MILITARY BY ITS ACTIVE SUPPORT OF ISLAMICEXTREMISTS IN AFGHANISTAN AND KASHMIR TO GET US DOLLARS RIGHT TILL 2001


EVEN PRESENTLY THE FOLLOWING FACTS STAND OUT ABOUT THE ONGOING INSURGENCY :--
1-PAKISTAN ARMY HAS BEEN IN CONFLICT WITH JUST 10 PERCENT OF TALIBAN WHILE IT REGARDS 90 PERCENT OF TALIBAN IN AFGHANISTAN AS GOODTALIBAN
2-THE PAKISTAN ARMY DOES NOT INTERDICT THE TALIBAN MOVING TO AND FRO TO AFGHANISTAN ON SOME 1700 KM OF ITS 2400 KM BORDER WITH AFGHANISTAN.ITS FIGHT IS ONLY WITH TALIBAN BASED ENTIRELY IN PAKISTAN ANDHAVING NOTHING TO DO WITH US FORCES IN AFGHANISTAN.THIS TOO IS A DEBATABLE FIGHT AS MUSHARRAF DECIDED TO MOVE INTO FATA ONLY AFTER AN ASSASINATION ATTEMPT ON HIS LIFE IN 2003
If you start digging out the reasons for this unjustifiable in justice, that to, in a war hit country, it triggers the blame throwing game. The Chelan was not properly filed; no sufficient evidence has been provided by the prosecutor. There is no witness of the crime scene. In turn most of the apprehenders are set free. Ready to operate with more conviction and determination against the innocent Pakistani people.
It seems that our nation and security forces has learnt the art of living with and operating against this menace, respectively, but our decaying judicial system has not been able to cope up with this violent change. The independent judiciary is a real hope for this bereaved nation, but it looks that they are more busy with:
  • Political issues
  • Power shift formulas
  • Constitutional probes
  • And most astonishingly Rights of GEO and Cable Operators
JUDICIARY IS NOT INDEPENDENT AT ALL .IT IS VERY MUCH IN A COVERT ALLIANCE WITH THE PAKISTANI MILITARY ! LOOKS THE OTHER WAY WHEN ANY ONECHALLENGES THE MILITARY IN THE COURT.

IN CONTRAST WHEN INDIAN GENERALS WERE INVOLVED IN FRAUD THEY ARE BEING PROSECUTED BY CIVILIAN CBI AND COURTS

ON THE OTHER HAND WHEN PUBLIC ACCOUNTS COMMITTEE TRIED TO INVESTIGATE THE NLC FOR A MULTI BILLION RUPEES SCAM IT WAS SIMPLY TOLD BY THE ARMY OF THE PURE TO LAY OFF

THE MILITARY DOES NOT EVEN HAVE AN INTERNAL SYSTEM OF ASSESSING COMPETENCE.THE PAKISTANI DIRECTOR MILITARY INTELLIGENCE WHO IN PRESENCE OF OVERWHELMING EVIDENCE ABOUT LOCATION OF INDIA ARMOURED DIVSION IN KASHMIR REFUSED TO BELIEVE IT , THUS PAKISTANS GREATEST INTELLIGENCE FAILURE WAS INSTEAD PROMOTEDTO MAJOR GENERAL AND LATER LIEUTENANT GENERAL AND AGAIN PROVED TO BE THE MOST INCOMPETENT COMMANDER OF PAKISTANS 1 CORPS IN 1971






THIS IS A KNOWN FACT THE PAKISTANI MILITARY HAS PLAYED A LEAD ROLE IN :--

1-DESTABILISING DEMOCRATICGOVERNMENTS IN PAKISTAN FROM 1958 TILL TO DATE

2-DESTROYING AND WEAKENING PAKISTANS JUDICIARY FROM 1958 TILL TO DATE
It makes me remind of Winston Churchill during world war II, when his aides used to come and inform him about the number of German sorties ready to bomb London and his question use to be the same every time, Are the people of England getting justice? Indeed sounds strange! But has mammoth logic behind it.
It should also be taken into consideration that England at that time was fighting a conventional war and we are in the midst of a cruel and horrifying insurgency, where inhabitants now demand smart and efficient judicial moves by the Judiciary more than ever.
The role of Parliament expected in this connection is far superior to the performance it has shown over the period of three years. Following is suggested in this regard.
  • The constitutional amendments required for speedy and efficient justice to be finalized
  • Parliament as executive has to provide workable solution to the judiciary so that it can play its extremely vital part, when the nation is at war.
There is yet another constitutional way out from this fiddly situation, if we dealt with these anti state elements captured by security forces as Prisoner of War (PoW). Military courts for execution of these cases can be a better solution for sharing this load with judiciary. Civil courts and military courts working hands and gloves can steer the ship of our nation to safety. This may look unorthodox but is certainly constitutional, provided the three main can sit and sort it out at the highest level.
ALREADY PAKISTAN HAS BEEN DESTROYED BY ITS MILITARY ! THE PAKISTAN ARMY HAS BEEN A MASTER CRAFTMAN IN DESTROYING PAKISTAN BY , MOST NOTABLY BY ITS NEGATIVE ROLE IN ACTING AS THE KEY ACTOR IN COERCING BENGALIS TO SURRENDER THEIR MAJORITY IN 1955-69 WHEN AYUB KHAN ACTED AS THE PRINCIPAL PROPONENT OF THE ONE UNIT IDEA.THE RESULT WAS BANGLADESH WHOSE FATHER WAS AYUB KHAN AND HIS MILITARY REGIMES POLITICAL ACTIONS !
IF AN INDEPENDENT BALOCHISTAN IS CREATED THERE WILL BE NO DOUBT THAT ITS FATHER WOULD BE THE USURPER MUSHARRAFS POLICY OF SELECIVE GENOCIDE IN BALOCHISTAN (STILL IN OPERATION AS PAKISTANS CIVILIAN GOVERNMENT HAS NO SAY IN BALOCHISTAN)
Difficult decisions are required to be taken when national interest is at stake.
WHAT IS NATIONAL INTEREST ? INTEREST OF A PIECE OF LAND CALLED PAKISTAN CONTROLLED BY A MILITARY WHOLLY OR PREPONDERANTLY OFFICERED AND RECRUITED FROM THE AREA IN BETWEEN LAHORE AND ATTOCK AND TAKING AWAY 70 % OF PAKISTANS BUDGET ! ITS PRIME VOCATION BEING REAL ESTATE , BUILDING OF DHAS , JOINT VENTURES WITH MALIK RIAZ , AWT , FAUJI FOUNDATION AND MAKING SURE THAT A NO WAR NO PEACE STATE CONTINUES IN PAKISTAN SO THAT THEARMY RETAINS THE PRIMACY






THE REAL MEASURES NEEDED ARE :--
1- PEACE WITH INDIA AND REDUCTION OF THE MILITARY.
2-CREATION OF MORE PROVINCES IN PAKISTAN SO THAT ALL THE REVENUES OF PUNJAB ARE NOT SPENT ON THE TRIANGLE LAHORE PINDI FAISALABAD , NOTABLY A BAHAWALPUR AND SERAIKI PROVINCE
3-RESTRUCTURING OF PAKISTANI BUREAUCRACY AND JUDICIARY SO THAT THEY CAN DO THEIR JOB RATHER THAN INVITING THE ARMY OF THE PURE TO DO THE JOB
4-BRINGING PAKISTANI MILITARY LAW INTO THE AMBIT OF CIVILISATION BY A CIVILIAN GOVERNMENT SO THAT THE PAKISTANI MILITARY PERSONNEL HAVE THE RIGHT TO APPEAL IN A CIVILIAN COURT AS THE RIGHT ENJOYED BY INDIAN ARMY IN INDIA
5-ABOLITION OF COMMERCIAL MILITARY ENTERPRISES LIKE DHA ,NLC ETC WHO ARE NOT PAYING COMMERCIAL TAXES AND YET DOING BUSINESS AS COMMERCIAL ENTITIES


LET THE CIVILIANS DO THEIR JOB .


Asadullah Mengal




ALL SAID AND DONE WE KNOW THAT :--


1-THE ARMY OF THE PURE WILL AGAIN USURP POWER
2-THE ARMY OF THE PURE WILL AGAIN MAKE MILITARY COURTS AND PROSECUTE THE HAVE NOTS WHILE BEING ALLIED WITH CROOKS LIKE CHAUDHRY SHUJAAT HUSSAIN AND SO MANY OTHERS
3-PAKISTAN WILL AGAIN FACE CIVIL WAR , AND ULTIMATELY A NUCLEAR WAR AND WILL BE BALKANISED AND DESTROYED , ALL THANKS TO THE GENERALS AND PEOPLE LIKE THEWRITER OF THIS ARTICLE
4-WE ARE CONDEMNED TO BE DESTROYED BY AN ARMY THAT HAS FAILED IN WAR AND IS PAKISTANS LARGEST BUSINESS ENTERPRISE

(The writer is based in Islamabad & a free lance writer).


Rate This




--

A.H Amin

http://www.scribd.com/doc/21693873/Indo-Pak-Wars-1947-71-A-STRATEGIC-AND-OPERATIONAL-ANALYSIS-BY-A-H-AMIN



--

A.H Amin

http://www.scribd.com/doc/21693873/Indo-Pak-Wars-1947-71-A-STRATEGIC-AND-OPERATIONAL-ANALYSIS-BY-A-H-AMIN

No comments:

Post a Comment