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.

Pakistanis and Super Pakistanis: Who Gets ‘Justice’?

Pakistan Support Nizami

Supporters of Pakistani religious party Jamaat-e-Islami condemn the execution of Bangladesh’s the party’s chief Motiur Motiur Rahman Nizami, in Peshawar, Pakistan, Wednesday, May 11, 2016. The head of Bangladesh’s largest Islamist party was executed early Wednesday for his role in acts of genocide and war crimes during the country’s independence war against Pakistan in 1971, a senior government official said. (AP Photo/Mohammad Sajjad)

Foreign Office released a curious statement in response to hanging of Motiur Nizami in Bangladesh. According to the government, the Jamaat leader’s ‘only sin was upholding the constitution and laws of Pakistan’. The government has carefully worded its furious response as a condemnation of the ‘flawed process’ that convicted Nizami, a point that has been made by international human rights groups. However these same human rights groups have also given the same judgment of our own legal process and said that hanging those convicted by military courts is ‘not justice‘.

This point of criticising legal process is for PR purposes only. In reality, Pakistani state does not care one iota about international norms of ‘due process’ and strongly defends our sovereignty as we know best what is required for our national security and how to best handle those who are working against the national interest. Therefore, our sympathy for Nizami is not out of concern for due process and international legal norms, it is out of nationalistic pride.

There is no concern for the ‘due process’ of those killed by Pakistani forces in extra-judicial killings, neither there is concern for those hanged following secret trials by military courts that have been condemned by international legal groups. These too are Pakistani citizens, but where is our outrage and concern for their rights?

Nizami is considered a hero for his actions, so we do not want to see him punished for them. Even though he stopped being a Pakistani in 1971, his actions supporting Pakistan military gave him status of Super Pakistani and therefore he is given more rights than actual Pakistanis. This is justice?

Hawaldar Media Accidentally Exonerates Husain Haqqani

Ex-dictator Gen Musharraf may have fled the country, but he still has a following of loyal subjects supporters, especially among the ranks of hawaldar media officers. Latest example is Lt Col (r) Khalid Masood Khan who vigorously defends the former COAS in an article that is filled with incredible revelations. For example, did you know that:

Gen. Pervez Musharraf, who was already been holding the office of the President and had a history of following the line of Benazir Bhutto would have made a natural and comfortable combination with her as the Prime Minister…

I am closing my eyes and trying hard but still having trouble imagining this magical ‘Musharraf – Bhutto’ regime. Obviously I do not have the powerful imagination of a Lt Colonel.

Did you also know that “General Musharraf however has no allegation of corruption against him”? None! So don’t ask how the General became a billionaire. That is ‘need to know only’ information.

Lt Col Khalid concludes that, ‘The mere fact that Gen. Pervez Musharraf who unprecedentedly returned to Pakistan of his own accord in order to face the charges against him shows his courage through the strength of his character and also proves his innocence.’ Actually, the Colonel is incorrect about the lack of precedence as it was actually set by Husain Haqqani who returned of his own accord in order to face the charges against him in two years earlier. Haqqani will surely be pleased to know that Lt Col Khalid believes this proves his innocence.

During the debate about military courts, there were many who doubted whether military officers would be impartial or any innocents would ever be acquitted. Thanks for Lt Col Khalid we know that military officers can give acquittals and be impartial in their judgment.

Pakistan Becoming a Police State

riot police Karachi

The term ‘police state’ is defined as “a state controlled by a political police force that secretly supervises the citizens’ activities”. Is this a fitting description for Pakistan, which is supposedly a democracy? The answer to this question may be unsettling.

Operation Zarb-e-Azb was long overdue as terrorist outfits had been given leniency since too long which resulted in the inevitable. However, there are a growing number of examples of ‘national security’ being used as an excuse for ever expanding police powers against the citizens of Pakistan.

YouTube appears to be permanently blocked, despite the fact that no one can point to any legitimate reason why limiting access to the site is necessary. This is a relatively minor inconvenience as videos are widely available on other sites, and there are easy ways to access YouTube anyway. The point, though, is that is an early example of the state arbitrarily trying to control what information private citizens can get.

A more alarming example is the growing pressurisation of journalists and media with the most recent case being the firing of Daily Times columnist Mohammad Taqi under direction from Army. Taqi’s case has made international headlines, but it is not the only one. Actually, the media has become increasingly limited in what is reported and the positions that are presented. This is a process that began over one year ago as it was reported in February 2014 that media groups had begun directing journalists not to report anything critical of Army or right-wing political parties like Jamaat-e-Islami and PTI. During this time we have seen those like Ahmed Quraishi and Zaid Hamid returning to the spotlight and preaching a certain agenda.

While the media is increasingly becoming a hyper-nationalistic mouthpiece, Army is expanding its role as well. Civilians in the government are being replaced by military officers, and military courts are being expanded to replace the civilian justice system. Besides Zarb-e-Azb, Karachi Operation also shows no signs of ending as Rangers continue to target liberal political parties while religious extremists continue to terrorise minorities.

In each of these cases, officials and their mouthpieces in the new media justify the expansion of police powers by saying it is necessary for national security. However the latest case was unexpectedly exposed and has revealed what is really going on. Of course I am talking about the announcement that Blackberry will stop providing services in Pakistan due to government demands. As per usual, state officials have said that they have asked Blackberry for help in catching terrorists, but now a Blackberry official has revealed the truth on their website.

The truth is that the Pakistani government wanted the ability to monitor all BlackBerry Enterprise Service traffic in the country, including every BES e-mail and BES BBM message. But BlackBerry will not comply with that sort of directive. As we have said many times, we do not support “back doors” granting open access to our customers’ information and have never done this anywhere in the world.

Pakistan’s demand was not a question of public safety; we are more than happy to assist law enforcement agencies in investigations of criminal activity. Rather, Pakistan was essentially demanding unfettered access to all of our BES customers’ information. The privacy of our customers is paramount to BlackBerry, and we will not compromise that principle.

What we said in July when rumors of Pakistan’s decision started to swirl remains true today: “BlackBerry provides the world’s most secure communications platform to government, military and enterprise customers. Protecting that security is paramount to our mission. While we recognize the need to cooperate with lawful government investigative requests of criminal activity, we have never permitted wholesale access to our BES servers.”

While we are justifiably outraged by the statements from Western politicians that want to monitor all mosques and Muslims, treating everyone as if they are a potential terrorist, our government is doing exactly that already. Is it true that in order to secure the country, we must monitor every citizens as if they are a terrorist threat?

Actually there is another possible reason for blanket monitoring which has been done by totalitarian regimes in the past. By monitoring every citizen closely and reading their messages, totalitarian police states such as Nazi Germany and USSR were infamous for collecting private citizens secrets and using to blackmail them to spy on their neighbors. Is this what we have become already?

There is no question that we are in a fight for our lives against jihadi terrorists and their extremist takfiri ideology. In this fight, Army and other security forces have an obvious role to play, but we must be careful that their role does not seep into every corner of our lives and turn Pakistan into a totalitarian police state.

The Road To Military Rule

Gen Raheel

PPP finds itself being squeezed rather tightly lately. Sadly, the squeeze really comes as no surprise. When Pakistan Rangers first raided 90 earlier this year, the writing was already on the wall. Today, PPP leadership is crying foul over being targeted, but in some ways their troubles are a result of their own doing. When it became obvious that Army was going returning to operations against political parties, the PPP took the strategy of trying to cozy up in hopes of weathering the storm. Did they really think that it would work?

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