The Supreme Court’s rejection of the government’s appeal against the release of Hafiz Saeed, leader of Jamaatud Dawa/ Lashkar-i-Taiba, from preventive detention is bound to increase international, and especially regional, criticism of the Pakistani state’s tolerance for certain jihadi factions in the country. Yet, while some of the criticism may be justified, focusing just on the person of Hafiz Saeed and the Lashkar-i-Taiba misses the point.
There is a perception that the establishment has no desire to take on Hafiz Saeed, who was formerly detained under the Maintenance of Public Order ordinance, and the Lashkar at a time when it is fighting militancy in areas bordering Afghanistan. Despite the consistent pressure from India that considers Mr Saeed the architect of the Mumbai attacks in 2008, the government’s failure to produce concrete evidence against him led to the Supreme Court’s upholding the Lahore High Court’s instructions to release him from detention.
However, Mr Saeed’s reprieve needs to be seen in a broader perspective. There have been countless cases where those suspected of being involved in terror attacks, be they against government installations or of a sectarian nature, have been let off. A recent example is the acquittal by the Lahore High Court of two men, allegedly belonging to the Lashkar-i-Jhangvi, who were charged with attempting to assassinate former President Musharraf in 2003. In fact, the overall low conviction rate in Pakistan points to severe deficiencies in the investigation and prosecution process.
What evidence do the judges have to declare a person guilty, when even witnesses decide not to testify out of fear for their lives? This must change if crime is to be tackled effectively. In the case of nabbing terrorists, the legal process needs to be even more foolproof. Without a proper legal framework for dealing with terrorists, more often than not the latter will walk free. Unfortunately, the absence of a strong legal system has led to extrajudicial killings by the law-enforcement forces, which flouts all norms and laws of human rights.
It is tragic that even after so many years of fighting militancy, there does not seem to be a cohesive counter-insurgency strategy at a national level. Fire-fighting seems to be the preferred tactic, leading to apprehensions that without a plan to strengthen the civil administration, including the justice system, in areas recovered from the militants, the latter may be tempted to return. With pressure on Pakistan to enter the North Waziristan minefield, it is imperative that military gains are consolidated through political and administrative measures that discourage militancy
DAWN.COM | Editorial | Beyond Hafiz Saeed
