Kulbhushan Jadhav Sentence: Reading the Analysts

Husain Haqqani has written a ‘must read’ analysis of the Kulbhushan Jadhav affair. As usual, the former Ambassador makes many important observations, particularly about how the ‘military-intelligence combine wants to ensure the primacy of its worldview at least within Pakistan’. This is becoming more and more obvious in the aftermath of GHQ’s announcement of the verdict against Jadhav.

Take note of the following paragraph in Haqqani’s piece:

Pakistani military intelligence maintains a large “M” (media) wing that threatens mainstream journalists, tries to influence reporting on Pakistan by foreign media and ensures that civilian politicians, journalists and intellectuals who question its narrative of a permanently besieged Pakistani state are projected as agents of a Zionist-Hindu cabal. Islamabad was also an early adopter of fake news sites used to promote everything from the country’s capital to building the image of its top army commander.

With that fresh in our minds, now let us consider another analysis of the Jadhav affair. This is from a piece in The Nation by Waqar K Kauravi and Umar Waqar called ‘Kulsbhushan’s Himmelfahrt‘:

The Kulbhushan enterprise was directly responsible for 1345 killings of innocent Pakistanis and injury to 7500, the financial cost to Pakistan has been approximately 3 billion USDs mainly in lost business and bad perception affecting tourism, sports (cricket), exports and imports; indirect cost may not be ever known.

These are oddly specific numbers, aren’t they? Not ‘thousands’, but exactly 1,345. Where did this number come from? The Army conducted Kulbhushan Jadhav’s trial in complete secrecy, so where did these writers get such details? After some research, the only other reporting of this statistic I could find is from an AP story that quotes two anonymous ‘senior security officials’. However, the AP story was published the same day at the story in The Nation. So did Waqar K Kauravi and Umar Waqar get their information from anonymous ‘senior security officials’ also? If so, why didn’t they say so? And who are these officials?

Maybe the answer can be found in the previous writings of these two. Their recent pieces include:

  • A hit piece on an American scholar who is critical of ISI.
  • A hit piece on Husain Haqqani.
  • A piece advising media not to criticise Army and ISI.
  • A piece projecting official narratives of ISI having ‘a global rating of excellence’ and RAW as a threat to ‘Pakistan’s perception management matrix’.
  • A piece celebrating ‘the heroic contest by Pakistani nation and her soldiers against Indian aggression’.

Are these writers the perfect example of ISI’s ‘M-Wing’ that Haqqani discusses in his piece? Now let us return to the mysterious details provided by Waqar K Kauravi and Umar Waqar’s analysis. Such pieces would be completely unnecessary if another of Haqqani’s points was taken to heart by our state institutions:

Mr. Jadhav’s conviction for espionage would have been more convincing if it had resulted from an open trial.

The facts and evidences from the trial are completely unknown. In fact, the entire affair was carried out behind closed doors and it is not even certain that the government was informed until after it was decided. Details are not coming through official channels, but leaked by anonymous security sources and reported by unknown analysts who only write pieces projecting Army narratives. These reports will be emailed and posted and repeated by hypernationalists, but anyone who dares to show any scepticism will be branded as a sell-out or traitor.

Haqqani concludes that ‘spy games can only make it tougher for the two South Asian neighbors to even explore peace, let alone find it’. Maybe it is his mistake that anyone was looking for peace to begin with.

State’s Role In Vigilante Killing

Another video has leaked showing armed police including ATS standing guard as vigilantes search cars for the body of murdered student Mashal Khan.

Sadly, this is not a surprise. Even after police cleared the victim from any allegations, still there are countless who support his killers including many officers from law enforcement agencies. This is not an accusation, it is a fact stated by police themselves.

We are all familiar with reports that University administrators pressurized students to accuse Mashal. And we have seen the report of PTI councillor Arif Mardan warning students not to name the killers. We know the dramatic statements of PM Nawaz Sharif and IHC Justice Shaukat Aziz Siddiqui against blasphemy. All of these add up to state’s role in whipping up the religious sentiments and making a very dangerous environment. However there is another way that the state is responsible for these lynch mobs.

Whole society may be sensitive to blasphemy issue, but this is not enough to explain vigilantism and lynch mobs. If students and administrators truly believed that someone has committed blasphemy, why won’t they report to authorities? Why won’t we accept the legal process to determine guilt and innocence? I believe the reason is that we have not actual legal system in this country, and I will now provide evidence.

When Rangers pick up people and torture them to death, when state agencies kidnap bloggers, when supporters of killers openly defy government orders with no consequences, when militant leaders declare that they are unmoved by government bans, when Army denies foreigners consular access before sentencing them to death in secret trials, when hardened terrorists are killed in ‘police encounters‘ and even those who are captured are tried and convicted in secret military courts, the message is given very clearly that there is no actual law and order but only the law of the jungle. If even our own law enforcement agencies act as vigilantes, how can we expect anyone else to act differently?

Parliamentarians condemn lynching and declare that law of the jungle cannot prevail, but they are empty words for show only. Which lawmaker will reign in out of control agencies? Which lawmaker will change laws that affect religious sensitivities?

Speaking about why police did not stop the mob that killed Mashal Khan, a police officer said “There are hundreds of sympathisers in my force and if I take too much interest in the case I might be killed too.”

Police know that the reality is that the law of the state is the law of the jungle.

And privately, in our own hearts, we know it too.

When do ‘turning points’ become a death spiral?

Mashal Khan

I have been hesitant to write anything about Mashal Khan lynching. What can be said that has not already? Not only this time, but the time before? And the time before that?

Some are expressing a ‘cautious optimism‘ that the strong reaction against Mashal Khan’s murder coming from certain quarters of society points to a ‘turning point’. But three years ago, we were told that the bloody APS massacre was a ‘turning point‘. Since then, we have witnessed many ‘turning points’. Sabeen Mahmud murder was a ‘turning point’. Safoora Chowk bus attack was a ‘turning point’. Sehwan blast was a ‘turning point’. Lahore Easter blast was a ‘turning point’. These are just a few examples.

With due respect to these courageous voices, I cannot help but have the exact same thought as blogger Dan Qayyum

The problem is so deeply rooted in society that even the defences of Mashan Khan cannot challenge it. So many are arguing that he did not ‘deserve’ lynching, but inside this defence is the acceptance that someone does deserve it. That the violence and hatred is not the problem, only the problem is that the wrong person was targeted. Zarrar Khuro describes this cancer perfectly.

We have nurtured our own disease, have fed this cancer of the soul, this cancer which has a mind of its own; this cancer with purpose. The fault lies with a society that sups on hate and willingly butchers its own children at the devil’s altar, mutilating their bodies and crushing their skulls like some kind of ritual sacrifice.

And so here we stand, bending over backwards to ‘prove’ that he was not a blasphemer, that he was a ‘good’ Muslim and did not deserve the fate that should, by implication, be reserved only for the not-so-good. But none of that matters either, because evidence is accusation, is a death sentence to be carried by public acclamation in some dark, murderous perversion of democracy.

Our dilemma can also be found in our debates about blasphemy laws themselves. Over and over again we see cases where innocents are tortured and killed due to blasphemy accusations. Most often these are not tried, sentenced, and executed by the state. They are accused and lynched. Yet the debate is always about how to ‘prevent misuse of blasphemy laws‘. But what law is it that was misused in lynching of Mashal Khan? What law was misused in the lynching of Shama and Shezad? What law was misused in murder of Salmaan Taseer or Sabeen Mahmud or Rashid Rehman or any of the others who have been killed not by any law but by lawlessness?

State institutions have been strongly pushing the fight against blasphemy. From government to judiciary to even ISI, all institutions have been promoting the narrative that blasphemy is a major problem of Pakistan. Political leaders tell us that the offence of blasphemy is ‘unpardonable‘ while Mullahs threaten ‘dire consequences‘ if anyone dares try to reform the laws. What did they think was going to happen?

The solution, we are told, is to also give death penalty to those who misuse blasphemy and take the law into their own hands. But in the most famous case fake blasphemy killing, the killer was given death penalty and hung. It did not make him a warning for our society.

It made him a hero.

Qadri Janaza

 

Kashmir Jihad Going The Way Of Afghanistan

Former J&K CM Farooq Abdullah has warned India that ‘you are losing Kashmir‘. India is unlikely to take his advise and abandon their military approach to putting down the anger that is spreading like wild fire due to the abuses that has caused an ‘epidemic of dead eyes‘. This is because Indian authorities suffer from an ideological blindness that does not allow them to see how their actions are actually counter to their own cause. Unfortunately, we also suffer from an ideological blindness about our policies and strategies in Kashmir.

There have been worrying signs for a while now. Members of Jamaatud Dawah, which has close ties with state agencies, have begun joining Daesh. Black flags of Daesh have been raised along side Pakistan flags in Kashmir. This practise has become so common that even Syed Ali Shah Geelani was forced to publicly comment on it. And now it appears that it is the Pakistani flags that may be disappearing as Kashmir militants are calling for jihad in Pakistan also:

We do love Pakistan because that country was created in the name of Islam. But there is no Islam at present. So, we are unhappy with it. We have to do Jihad with Pakistan as well.

Just as our support for Taliban in Afghanistan spun off the TTP to carry out deadly jihad in Pakistan, now it looks like our support for jihad in Kashmir is having the same effect.

Jadhav Death Sentence: Show of Strength…or Weakness?

kulbhushan jadhav

Indian national and alleged spy Kulbhushan Jadhav has been sentenced to death. It is a surprise news not because of the outcome, but because it is the first time most have even been aware that there was a trial. This is because the trial and sentencing were conducted in secret proceedings by the military. It is not my intention to question the results of these proceedings. As far as I know, Commander Jadhav is a spy and is guilty of the things he is accused of. However, also as far as I know, he is not. This is the problem. And while the accused will suffer the most from the situation, I believe we, too will not come out of it without our own scars to show.

There will be many reasons given to justify the secret military trial, most of which will point to reasons of national security and protection of counter-terrorist intelligence operations. These may be part of the rationale, but I do not believe they account for everything. Rather, I think this entire affair has been conducted in a manner intended to avoid a repeat of the Raymond Davis fiasco. In that situation, an admitted spy who killed two ISI men in broad daylight was given access to his Embassy and public trial by a civilian court. As a result, the accused was ultimately freed in a deal arranged by DG-ISI Lt Gen Shuja Pasha. The aftermath of the Raymond Davis episode has not been forgotten, either by the public or state officials. Protestors took to the streets across the entire country, and the credibility of the state suffered as it was seen as showing weakness before the American empire.

Kulbhushan Jadhav’s case is on the one hand more serious than the Raymond Davis case, and the other hand much weaker. For long, Pakistani leadership has pinned the blame for terrorism, particularly in Balochistan, on ‘foreign governments and intelligence agencies’. In 2015, Army specifically blamed RAW for instigating terrorism in Pakistan. With the arrest of Jadhav a year later, it seemed like the Army finally had their proof.

Soon after Jadhav’s arrest, though, things began to break down. ISPR released a ‘video confession,’ but that only raised more questions than it answered. Why, for example, would an Indian agent refer to terrorist activities in Pakistan as “anti-national”? And why was the confession recorded in English? Authorities were convinced that they had the proof they needed, though, and were prepared to take their case to the UN and finally put India in its place. Then came the famous admission of Sartaj Aziz in December 2016 that agencies had “insufficient evidence” to prepare a dossier against Jadhav.

Then, three months later, Sartaj Aziz announced that a FIR had been registered and Jadhav would be prosecuted. Now, only a few weeks later, the entire case has been concluded and the accused has been convicted and sentenced to death in what has to be the fastest trial ever conducted in history of Pakistan. Obviously, it was all done behind closed doors. Who knows what the facts are? Our only choice is to accept the word of the Army who has an obvious interest in seeing the accused convicted and executed. The entire national security narrative has been built on the back of this one man, along with the credibility of the military’s anti-terrorist strategy which has been called into question again due to skyrocketing terrorist attacks.

Given only one choice, we are unable to be truly convinced. As a consequence, there will remain a lingering doubt. Did we sacrifice an innocent man in order to protect a narrative? Why was the accused denied consular access per diplomatic norms? Does the fact that the weak ‘video confession’ is being promoted again mean that this is the only evidence we have? If the case against Jadhav was strong, why keep the evidence hidden away in secret military trials and classified ‘dossiers’? These are questions that will haunt the proceedings. The more one looks at the facts, the more it looks like Kulbhushan Jadhav has been convicted and sentenced in a manner scripted to make the state look strong against India, but the way it was handled could unintentionally result in the opposite.