Hafiz Saeed’s release: Pakistan’s brazen mockery

In a brazen mockery, Pakistan released Hafiz Saeed two days ahead of the 9^th anniversary of 26/11 which led to killing of over 166 people including foreign nationals. Barely 10 months back under burgeoning US pressure, Pakistan maimed to entire world of having arrested Saeed initially for three months and later extended the same several times. Now the Lahore High Court (LHC), refused to detain him any further claiming “insufficient evidence”. Challenging authority of political establishment, Saeed thanked the judges of LHC after his release from house arrest.  Despite India providing irrefutable evidence and numerous dossiers to Pakistan of Saeed’s nefarious terror activities, Pakistan refused to act.  After the brutal Mumbai attacks, UN designated Saeed as globally-designated terrorist and US announced $10 million bounty in 2012.  Hafiz Saeed, Chief of JuD (Jamaat-ud-Dawa) founded two organizations- LeT (Lashkar-e-Taiba) for training personnel and JeM (Jaish-e-Mohammed) headed by Zaki ur Rehman Lakhvi for planning and carrying out terror activities.

In August US administration issued a stern warning of cutting aid to Pakistan if it fails to stop “providing safe havens to agents of terror and chaos”. Responding to the threat, Pakistan rejected US claims and warned America against holding Pakistan responsible for its failures in Afghanistan. US-Pakistan relations touched a new low as both countries traded charges. But Trump administration also refrained from repealing the classification of “major non-NATO ally” ascribed to Pakistan like his predecessors. Rather, intensifying its South Asia Policy campaign, US senate passed a bill saying that Pakistan must show “it has taken steps to demonstrate its commitment to prevent the Haqqani network and LeT from using any Pakistan territory as a haven and for fund raising and recruitment efforts”. Additionally, in September India strongly prevailed at the BRICS summit that patrons of terror must be named and shamed. Accordingly, joint declaration of Xiamen BRICS Summit named JeM and LeT as terror groups operating from Pakistani soil. With Pakistan’s all-weather friend too making substantial noise about terrorism Foreign Minister Khwaja Asif at a Press Conference agreed that his country should rein in on the terror outfits to avoid “embarrassment” on global stage. He added, “I am not making any political statement…. We cannot afford to shut out eyes on the activities of these organizations in our country. If we continue to do that we will always face such embarrassments. We have no stakes involved but we are carrying the baggage of past follies. We cannot correct ourselves as long as we donot accept historical facts”.  Though Asif reiterated that Pakistan’s dependency on US has reduced, by October, Islamabad faked sincerity and released a Canadian family held captive by the Taliban in 2012. President Trump immediately thanked Pakistan and added, “I believe they have started respecting United States again”.

Interestingly, during the same period, India’s ties with Trump administration solidified with US making India a key player in Afghan issue. US promised to strengthen cooperation in paralyzing terror networks operating in the sub-continent. Even the talks on revival of the Quad, began on a positive note in November along sidelines of EAS (East Asia Summit). Days after the summit, the US congress passed new version of National Defence Authorization Act (NDAA) of 2018, which didn’t contain name of the LeT under the list of terror networks operating in Pakistan. The Act mandates Pakistan to launch military operations against the stated terror outfits and disrupt their functioning. The bill which also includes $700 million aid from US Coalition Support Fund (CSF) stipulates that half the fund be withheld if Pakistan fails to take conclusive action against terror outfit. By removing LeT- focused on Kashmir from the list, America demonstrated its cursory interest in addressing cross-border terrorism faced by India. By seeking action against Haqqani Network from Pakistan, American clearly reiterated its priority of restoring some order in Afghanistan. American position surprised India. This unequivocal American demarcation between the terror groups gave new ideas to Pakistan. Tossing up the task of tackling Haqqani network into air, Pakistan infused fresh momentum to its good terrorist network. Pakistan’s deep state facilitated release of Hafiz Saeed who feigned “innocence” and said “I am happy that none of the allegations against me proved as three judges of LHC ordered my release…India has levelled baseless allegations against me. The LHC’s review board decision has proved that I am innocent”.  Kashmir issue has always been the bread and butter of Pakistan military and Hafiz’s release added more strength to their vicious strategies.

Moments after release, confirming India’s worst fears Saeed vowed to fight for the cause of Kashmiris. He said, “I will gather the people from across the country for the cause of Kashmir and we will try to help Kashmiris get their destination freedom”. He lashed out at the political establishment, directing his angst at former Prime Minister Nawaz Sharif saying “You took oath on defending Pakistan and Kashmir, you betrayed people of Kashmir. I wanted to tell you that you were ousted from power because you committed treason of trying to develop close relations with Modi”. Saeed’s critical outburst removed veil off the nefarious strategies hitched by Pakistan deep state to create unrest in Kashmir and destabilize India.  He claimed, “I was detained on the pressure of the US on the Pakistan government. The US did so on request of India”.

Succumbing to international pressure, Sharif government ordered the arrest of Hafiz Saeed and his four aides-Abdullah Ubaid, Malik Zafar Iqbal, Abdul Rehman Abid and Qazi Khasif Hussain on January 31^st for 3 months under the Anti-Terrorism Act 1997 and Fourth Schedule of Anti-Terrorism Act. All of them were detained for next 6 months under “public safety law” making two extensions. Judicial Board refused extension of Saeed’s aides and they were released last month. To facilitate Saeed’s release, officials withdrew terrorism charges against him and JuD under the Maintenance of Public Order (MPO) rules. Political establishment of Pakistan fearing threats of military aid and limited sanctions from UN provided important information for detaining Saeed but Judicial Board refused to review.

Military-judiciary nexus inadvertently highlighted deteriorating civilian functioning of Pakistan. Daud Khattak in his article “Pakistan: The War within” ascribed this internal war to ever widening divide between military and political establishments which reached a crescendo with successfully unseating of three times Prime Minister Nawaz Sharif on charges of money laundering. Deep state colluded with judicial authorities and toppled the democratically elected government. Previously, in 2012, military deposed Prime Minister Yousaf Raza Gilani after Supreme Court disqualified him for his “state within state” remarks.

Cognizant of growing military high-handedness, Nawaz Sharif upon his re-election in 2013, tried to reassert control over areas dominated by military. Despite military’s disapproval, Sharif attended Modi’s swearing in ceremony, attempted to resurrect ties with India, refused to extend the tenure of Army Chief, Raheel Sharif who had a larger than life image and went ahead seeking punishment for President Pervez Musharraf for his unconstitutional excesses. While the military managed to downsize powers of Sharif through a vital bargain in exchange for bringing civilian unrest fomented by opposition under control. Despite the deal, Sharif made every effort to remain stubborn which in a way led to the arrest of Saeed in January. But Sharif’s authority ended in July when deep state launched a judicial coup to overthrow him. Though Sharif was disqualified, he was re-elected as the head of PML (Pakistan Muslim League). To expedite Sharif’s ouster, military wooed opposition Pakistan Tehreek-i-Insaf party chairman, Imran Khan. No sooner Sharif was disqualified, military pushed Supreme Court to investigate charges of incomplete disclosure of assets in nomination papers against Imran Khan. Strategically, by weakening the credibility of existing political parties, military wanted to fill the vacuum by streamlining extremist organizations into newer political outfits. 

As a trail blazer to this new strategy, military began lionizing terrorists and intensified efforts to mainstream extremists paving way for complete Islamization of Pakistan, the ultimate goal of Pakistan constitution. The original version of Pakistan Constitution of 1949 laid out that society must adhere to teachings of Quran and Sunnah. This resolution was incorporated into subsequent versions of Constitution. Giving more thrust to Islamic ideology, the 1973 Constitution, which has become supreme law of Pakistan drafted by government of Z. A. Bhutto declared Pakistan would be Islamic Republic of Pakistan. It facilitated creation of Shariat Court and Council of Islamic Ideology rendering mosques more powerful. Consequently, radicalization and intolerance swept the society and extremist groups began gaining more foothold. Chilling assassination of Punjab Governor Salmaan Taseer by Mumtaz Qadri for supporting blasphemy of a Christian woman and subsequent idolization of Qadri aptly exemplifies near total Islamization of Pakistan. Particularly, a group by name Tehreek-e-Labbaik Ya Rasool Allah (TLY) glorified Qadri and built a mausoleum in his honor. This pro-Muslim, Sunni majority, religious organization headed by a Maulana Khadim Hussain Rizvi, has now turned into a political movement, and began demanding establishment of Sharia law. The same group is now holding protests across Pakistan since November 8^th calling for amending the constitution whereby politicians must swear oath affirming in the finality of prophethood (Khatm-i-Nabuwwat). They are demanding death sentence for PML leaders and dismissal of Parliament.

Interestingly, TYL secured third place in the by-election held for the NA-120 constituency following the disqualification of Nawaz Sharif. The Milli Muslim League (MML), political front of JuD secured fourth position in the contest. MML, brainchild of Pakistan military is an effort to launch banned JuD into politics. With Interior Ministry of Pakistan informing that JuD and its charity organization Falah-i-Insaaniyat are under US and UN sanctions, Election commission stalled JuD’s attempt to enter the mainstream politics by rejecting MML’s application. (Falah-i-Insaaniyat, collected funds to send supplies to Kashmir as a symbol of solidarity to valley after the death of Burhan Wani). MML formed in August is headed by Saifullah Khalid, a key member of JuD central leadership. After election commission’s rejection, MML began fielding its candidates as independent in another by-election in Peshawar.  LeT/JuD supports Sipah-e-Sabah Pakistan a banned terrorist organization. Sipah-e-Sabah a Deoband organization is part of Defah-e- Pakistan council constituted by Lt General Hamid Gul of ISI. Defah-e-Pakistan includes over 36 different extremist organizations. These appalling intricate nefarious connections between military and terrorist organizations are truly intimidating. By supporting extremist jihadi organizations, military is lending credence to religious fanaticism which is portrayed as nationalism. Penetrating military intervention is crippling the civilian supremacy and turning Pakistan into a sham democracy.

Pakistan is heading for elections in 2018 and with release of Hafiz Saeed, military is aiming to gain firm hold over political establishment by mainstreaming jihadists. Already, MML and TYL made successful electoral beginnings in recently held by-elections. With military establishment firmly behind them, the extremist jihadi organizations are expected to dent electoral prospects of mainstream political parties.  Especially, the PML which is planning to establish good relations with India. Besides by mainstreaming JuD/LeT military is exculpating of its heinous crimes and thus substantially nullifying the plausibility of additional sanctions. Also, by taming these supposedly, strategic assets, military aims to accentuate proxy war against India.

It has been a decade since 26/11, the wounds of families of victims of ghastly Mumbai attacks are still afresh and waiting with bated breath for justice. With Pakistan conveniently absolving Saeed of all his crimes, India should stop fantasizing about prosecution of Hafiz Saeed. US warnings of serious repercussions failed to deter Pakistan from releasing Saeed. Clearly, Pakistan no longer fears US with China shielding Islamabad at every possible platform. Back home, reports indicate that people of Lakhimpurkheri in Uttar Pradesh are celebrating the release of Saeed while the principal opposition taunts government of failed “hugplomacy”. India’s inaction has emboldened Pakistan and its covert supporters within the country.  It is high time and India must seriously consider inflicting damage to Pakistan where it hurts the most.

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