Govt combating terror–one meeting at a time

• Politicians start foot dragging on military courts as govt continues to conduct inconclusive meetings of 20 counter-terror committees
• Senate Opp leader Aitzaz criticises Interior Minister Nisar for heading 12 out of 17 committees constituted to implement NAP
• PM chairs meeting to discuss means to ensure implementation of NAP, says only cases of ‘hardcore terrorists’ will be referred to military courts after scrutiny

While Prime Minister Nawaz Sharif has reiterated the government’s resolve to ensure immediate implementation of the National Action Plan (NAP) primarily by establishing military courts for swift disposal of terrorism cases, opposition political parties have started dragging their feet over their previously agreed support for the formation of such courts.

A high-level meeting was chaired by Prime Minister Sharif Tuesday at the PM House to discuss means to ensure implementation of twenty-point NAP earlier agreed upon by all political parties.

According to sources, speaking at the meeting, Sharif said, “Special courts are a part of NAP and an extraordinary solution to an extraordinary problem. All institutions will scrutinise cases before prosecution in the special military tribunals. NAP is a manifestation of national consensus and we will ensure its swift implementation.” He added that only cases of hardcore terrorists will be referred to the proposed military courts.

During the meeting, the attorney general of Pakistan briefed the PM over proposed constitutional amendment and other legal points regarding the formation of military courts.

Sources said that the participants also discussed the baseline of military courts — whether they will be established at the district, division, provincial level or at major urban cities.

According to sources, the meeting also discussed recommendations of the 15 sub-committees which were assigned on Saturday to prepare a roadmap for implementation of NAP. The civil-military leadership deliberated on the committees’ recommendations which might be distributed to the authorities concerned for execution within a fixed time period, sources added.

Actions relating to blocking terror financing and breaking terror communication network were reviewed. Progress on action against illegal SIMs was also came under review.

Those present at the meeting included Interior Minister Chaudhry Nisar Ali Khan, Finance Minister Senator Ishaq Dar, Defence Minister Khawaja Muhammad Asif, Planning Minister Ahsan Iqbal, States and Frontier Regions (SAFRON) Minister Abdul Qadir Baloch, Chief of Army Staff (COAS) General Raheel Sharif and Inter-Services Intelligence (ISI) Director General (DG) Lieutenant General Rizwan Akhtar.

ALL WORDS NO ACTION:

However, sources said that practical steps are missing from the government’s strategy. The ministers seem oblivious to the fact that time is running out and the impractical approach of the government may hamper civil-military relations.

Following the ArmyPublic School attack in Peshawar, all political parties had developed consensus to come up with NAP which also included the formation of military courts to try hardened criminals. However, with the passage of time, many opposition parties have expressed their reluctance to support the formation of military courts in the country.

A source in the government told Pakistan Today that leading lawyers in major opposition parties have started lobbying against the legislation to provide constitutional cover to military courts. Religious parties along with Wafaqul Madaris (umbrella organisation of religious seminaries) are set to join in soon, sources added.

On Monday, Pakistan Tehreek-e-Insaf (PTI) leader Hamid Khan said that the constitution “cannot be amended” and PTI would not support the legislation for military courts. A day later, Pakistan People’s Party (PPP) leaders Aitzaz Ahsan and Raza Rabbani also endorsed Hamid’s stance.

Moreover, former chief justice of Pakistan Iftikhar Muhammad Chaudhry also told media on Tuesday that the constitution cannot be amended.

Speaking in the Senate Tuesday, Aitzaz criticised Interior Minister Nisar for heading 12 out of 17 committees constituted to implement NAP.

The Senate opposition leader also criticised the government and Nisar for not taking the Upper House of Parliament in confidence over the counter-terrorism measures in the aftermath of APS Peshawar attack. He said the opposition parties were ready to cooperate with the government for exterminating the menace of terrorism “if the rulers show seriousness”.

According to the source, Pakistan Bar Council (PBC) is also going to meet today (Wednesday) and is likely to make an important decision on military courts.

“It seems that professional and business interests are taking over the lawyers and they are advocating top politicians to backtrack from their pledged support to military courts. Some influential lawyers who are also a part of political parties have personal clout are actively persuading their fellow political leaders to withdraw support for military courts. Lawyers are being guided by the opinion of the bar and bench and it seems that their professional compulsions and aspirations are overtaking national interest,” said the source.

However, Justice (r) Tariq said that loyalty to the constitution and not business interests were compelling the lawyers to raise their voice against the military courts.

Talking to Pakistan Today, the retired judge said, “By acceding to the army’s demand for setting up military courts, the PM and other politicians accepted their failure as well as the failure of the parliament, judiciary and executive. But now, saner elements are realising their mistake and are speaking up.”

“Neither the US nor India amended the basic structure of their respective constitutions to form special courts to counter terrorism,” he said, adding that even India’s black law – TADA – did not bypass judiciary.

“The government has to consult the chief justice of the respective high courts to form any special court,” he said, adding that even dictator Pervez Musharraf could not form military courts whereas an elected PM is bent upon doing so.

GOVT’S INACTION:

On the other hand, the government also seems paralysed and the inability of PM Sharif to take tough decisions is badly impacting the government’s decision-making process.

“Besides having a two-thirds majority in the Parliament, the government has still decided whether it would promulgate a presidential ordinance to install military courts or it wants to introduce a bill,” said the source.

The government’s legal committee will meet on Wednesday (today) at 2pm, the source added.

When contacted, Pakistan Muslim League-Quaid (PML-Q) Secretary-General Senator Mushahid Hussain Sayed, who is also a member of the legal committee of the government, said that this was a test of the political leadership.

“The country is at a very critical juncture. Politicians have to rise to the occasion but it seems that political and personal compulsions have taken over. If they fail in this test, the people of Pakistan and history will never forgive them,” he said.

The source said that though the politicians are involved in dillydallying over the military courts, two sides of the conflict are very clear – the army and the terrorists, adding that with the masses’ and the armed forces’ sentiments running high after the bloodbath in APS Peshawar, politicians are confused and compromised.

IMPLEMENTATION MECHANISM:

Moreover, according to documents available with Pakistan Today, the 20 committees formed by the government to devise an implementation mechanism over the decisions adopted during the APC are meeting day in and day out without any concrete result. Following is the detailed list of these committees and their deadlines which were set on December 26.

A steering committee headed by PM Sharif to review progress on periodic basis with Interior Minister Nisar, Dar, Ahsan Iqbal, Information Minister Pervaiz Rashid, Khawaja Asif, Abdul Qadir Baloch, Mehtab Abbasi, Adviser to PM Sartaj Aziz and PM’s Special Assistant Barrister Zafarullah Khan on board.

Then there is an Operational Committee at the level of Ministry of Interior to review operational progress. There are also sub-committees for each of the action – intra government/ ministerial committees for Actions that cut-across. Detailed implementation plan and performance measurement criteria to be developed for each Action while communication strategy is in progress.

A committee has been formed comprising the president, governors, services chiefs, provincial governments and jail superintendents for execution of convicted terrorists and its cut date has been fixed as March 1, 2015.

The Parliament, Law Ministry, JAG, GHQ, attorney general, and PM’s special assistants Zafrullah and Khawaja Zaheer have been tasked to ensure the establishment of special military courts for speedy trial of terror suspects and its deadline has been fixed as January 15, 2015.

Ministry of Interior, NACTA, Home Departments, armed forces, ISI, IB, FC, Rangers, Police have been tasked to ensure that no armed militias are allowed to function in the country. Their deadline is January 15.

Nisar has also been tasked with strengthening and activation of NACTA by January 15. Countering hate speech and extremist materiel is delegated to ministries of Interior, Religious Affairs, Auqaf Departments, LEAs, ISI and IB by January 15.

Finance minister, State Bank of Pakistan governor, LEAs, Customs, FIA have been tasked to choke financing for terrorists and terrorist organisations.

Ministry of Interior, Home Departments, ISI, IB, LEAs have been asked to ensure prevention of re-emergence of banned organisations but no deadline has been set.

Ministry of Interior, Ministry of Defence and Ministry of Finance have been tasked to establish and deploy a dedicated counter-terrorism force by May 1. Ministry of Interior, Home Departments, Ministry of Minority Affairs, LEAs, Ministry of Religious Affairs, Aqaf Departments have been tasked to take effective steps against religious persecution.

Ministry of Religious Affairs, Auqaf Departments have been tasked to ensure registration and regulation of madrassas by April.

Ministry of Information/ PEMRA have been asked to ensure ban on glorification of terrorism and terrorist organisation through print and electronic media with immediate effect. Minister of SAFRON, Khyber Pakhtunkhwa governor, Finance Ministry, EAD, GHQ, FATA Secretariat are responsible for Administrative and development reforms in FATA with immediate focus on return of IDPs by June.

GHQ, ISI, IB, MOIT/PTA are responsible for dismantling of communication networks of terrorist organisations by February 1. IT Ministry, ISI, IB, MOIT/PTA, Cyber Crime Police have been tasked to take tangible measures against abuse of internet and social media by terrorists.

Interior Ministry, Punjab Home Department, LEAs, ISI, IB have been tasked to ensuring zero tolerance for militancy in Punjab. Interior Ministry, Sindh Home Department, LEAs, Sindh governor and Sindh government are responsible for taking the on-going operation in Karachi to its logical conclusion by June.

GHQ, Interior Ministry, LEAs, political parties in Balochistan, and Balochistan government have been tasked to empower the Balochistan government for political reconciliation with complete ownership by all stakeholders.

Interior Ministry, Home Departments, LEAs are tasked to deal firmly with sectarian terrorists. Interior Ministry, NADRA, Home Departments, LEAs, SAFRON Ministry are responsible for formulation of a comprehensive policy to deal with the issue of Afghan refugees, beginning with registration of all unregistered illegal Afghan refugees by April.

Interior Ministry, Law Departments, FIA, CIDs, Police have been tasked to revamp and reform the criminal justice system to strengthen counter-terrorism departments by April, including granting of powers to the provincial CIDs to intercept terrorist communications. Ministers of all divisions concerned are part of their respective committees.

NA TO CONVENE ON MILITARY COURTS ON JAN 1:

Moreover, the National Assembly will be convening on January 1 to look into constitutional amendments needed to setup military courts.

Federal Information Minister Senator Pervaiz Rashid on Tuesday said a session has been summoned on January 1, 2015.

According to sources, the proposed constitutional amendments for the establishment of military courts will be presented and passed during this session.

Furthermore, other legal drafts will also be presented during the upcoming NA session.

REPORT TERRORSIM ON 1717:

In the meanwhile, the National Counter-Terrorism Authority (NACTA) Tuesday announced to establish a telephone helpline 1717 to report terrorism and terrorism-related complaints. The helpline will work round the clock.

The Interior Ministry has appealed to all citizens to remain vigilant of their surroundings and report on the given number in case they witness any suspicious person or activity.