NOVANEWS
By Sajjad Shaukat
No doubt, law protects the rights of the weak and the poor by addressing the grievances of the
distressed parties. Fairness of judicial system resuscitates the entire national edifice through
distinguished and valuable verdicts, while maintaining symmetrical impartiality. The system
ensures provision of justice to every citizen, irrespective of color, creed, caste, political
affiliation, socio-economic status, prestige and degree of influence. Thus courts and judicial
system transpire lifeline of every nation by providing breathing space and steadfast foundation—
for the victims and the feeble. The social order gets reinforced by excellence of judicial system
and so is the case of moral values.
Unfortunately, in case of Pakistan, Western or US judicial system is based on manipulative
finesse and exploitative abilities of the lawyers. In the working legal system of the country,
the emphasis is more on winning the case rather than ensuring that justice has been done. It is
more important to see how smartly the case has been presented and how strong were the support
arguments to influence the concerned honorable judge.
Resultantly, smartness of the advocate or solicitor may allow the criminals to walk freely, while
the innocent is punished. In the prevailing legal system, outcome can be reversed—should the
lawyers change sides. At political level, the law is used as a weapon in which Western laws and
judicial system is abused to achieve strategic, military, politico-social and economic objectives.
In this regard, the term ‘Iawfare’ appears to be the substitution of warfare which is used for
negative manipulation of international and national human rights—laws to accomplish purposes
other than, or contrary to those for which they are originally enacted. Practical manifestation
of ‘Iawfare’ becomes obvious, as West and USA use law as a weapon. In this context, the US-
led troops including the personnel of the CIA and the FBI are exempted from acts of human
rights violations, illegal occupation and torturing the prisoners in jails, detention centers and CIA
facilities, as it was done in Abu Ghraib prison in Iraq, Guantanamo Bay etc., while US troops
and intelligence staff have been exempted from any war crime trial for their misdeeds in Iraq,
Afghanistan and elsewhere in the world.
In certain cases, war crime trials are held against individuals whose conduct was absolutely
according to the existing laws. In the Nuremberg Trials, an international tribunal could punish
acts of captured Nazi officials, which were perfectly legal in Fascist Germany. Similarly, the
War Crime Tribunal in Bangladesh executed Jamat-e-Islami leaders like Abdul Quader Molla,
and the ongoing trial of the others, branding them war criminals, whereas their support to Federal
Government of Pakistan was very much legitimate. In this respect, Bangladesh is involved in
using ‘lawfare’ against its own citizens, knowing full well that the victims simply sided with
and supported their own legitimate Federal Government of Pakistan in 1971. It is shame for the
government of Bangladesh that it has a politically charged legal system.
In fact, Western or the US judicial system with all its negative manipulation has crept into South
Asia including India and Pakistan.
Pakistan where laws are selectively applied, court cases are managed and efforts are made to
win the case under all circumstances. When own cronies become liable to be tried under the
law, the laws are either amended or court verdicts are obtained to thwart the case for further
hearing. In these terms, at domestic level, the legal system is negatively exploited by the state or
political parties to implement laws inconsistent with general principles of freedom, rule of law
and democratic norms.
It is notable that international secret agencies have prepared schemes to target Pakistan
through ‘Iawfare.’ This is obvious from frequently used media term ‘judicial activism’ in which
judiciary’s sou moto cases and anti-army assertions can be seen with concern.
It is mentionable that the threat posed by terrorism is dreadful, real and painful. The outcome
of terrorist strike remains predictable, as it brings destruction, remorse and social disorder with
awful human tragedy. Therefore, the entire society earnestly looks towards the armed forces,
law-enforcing and intelligence agencies, especially the primary spy agency ISI to undertake steps
to provide immediate relief to the victims—break terrorist networks and make life safer.
Undoubtedly, Pakistan’s armed forces and ISI have been working very hard to fight the menace
of terrorism, and have paid heavy price by sacrificing their lives for the nation. Unfortunately,
the terrorists have launched clever propaganda to promote their self-assumed agenda by
associating themselves with Islam and creating sympathizers in social milieu, knowing that
majority loves Islam. Therefore, a united national front could not be created to cope with the
terrorists. In this connection, judiciary, as part of national segment appeared more independent
and did not join in the fight against terrorism. People have been whispering around that judiciary,
particularly under the former Chief Justice of the Supreme Court, Iftikhar Muhammad Chaudhry
had developed some kind of vendetta against Pakistan Army including ISI, and showed
insatiable desire to summon top military leaders, while maintaining a soft mind-set for the
insurgents. However, such a mollycoddle attitude of courts encouraged the militants in their
criminal acts of violence. People also talk that 12 innocent people in District Court of Islamabad
lost their lives, as many terrorists managed to get freed from courts for lack of evidence.
While, Pakistan’s law-enforcing agencies and intelligence organizations which are well-prepared
in coping with terrorism are engaged in identifying and locating the terrorist networks and
their support-bases including informers and accomplices, but were discouraged as their actions
were being challenged through courts regarding the validity and legality of their decisions. The
militants’ lawyers availed the opportunity by indicating procedural penal flaws. Thus, many
terrorists were freed by the courts due to lack of solid evidence in legal terms, though reality of
their subversive activities existed. Owing to this practice, efficiency of law-enforcing agencies
drops to zero level, giving a greater setback to war against terrorism and making the concerned
official insecure in face of judicial grilling.
Terrorist presently under custody, if released by the courts because of judicial discourse will
certainly join their main terrorist networks, thereby strengthening terrorist groups. Consequently,
this ‘new style war’ will turn in favor of terrorists instead of law-enforcing and intelligence
agencies which may suffer more in the hands of these culprits.
Similarly, since the Supreme Court of Pakistan has been dealing with cases of missing persons,
especially that of Balochistan, while speaking in the tone of anti-Pakistan elements, Hamid Mir
and other anchors of the Geo and Jang Group left no stone unturned in implicating Pak Army
and ISI not only about the disappeared persons, but also human rights violations in Balochistan.
While, fact of the matter is that majority of the missing persons have been killed in subversive
acts like bomb blasts, target killings, ethnic and sectarian violence in various places of Pakistan,
arranged by American CIA, Indian RAW and Israeli Mossad and their affiliated militants
groups. In case of Balochistan, everyone knows that Balochistan Liberation Army and other
separatist outfits including a group, Jundollah (God’s soldiers) gets logistic support from CIA
and RAW. Their militants kidnapped and killed many innocent people and the security personnel
in the province, while claiming responsibility. And since 2001, a majority of Pakistanis also
left for Afghanistan for Jehad purposes, without informing their families, while many people
joined the Jihadi groups. These insurgents groups are responsible for human rights violations in
Balochistan. Regrettably, our judiciary body ignores this reality.
Meanwhile, the collaboration between Geo media network and India has been exposed, as
leaders of various political and religious parties including all the segments of society have been
condemning the Geo and Jang Group by showing solidarity with Pakistan’s armed forces and ISI
in the aftermath of Hamid Mir episode which was manipulated by this media group. However,
availing the opportunity, foreign media, NGOs and human rights groups reactivated their
campaign against Pak Army and especially ISI by favoring the so-called Geo TV’s propaganda.
Particularly, Chairman, Pakistan Tehrik-i-Insaf (PTI), Imran Khan who has also defended the
stance of Army and ISI, announced to boycott Geo and Jang Group. In a press conference, on
May 17, this year, Imran Khan displayed documentary evidence, revealing that Mir Shakil-ur-
Rehman, owner of the Geo and Jang Group is working against the national interests of Pakistan
and is being funded by foreign countries like UK and the US State Department for shaping
the national narrative on foreign agendas, while there is no audit of the Geo network which
blackmails those who raise question in this respect. Imran Khan who has been protesting against
the rigging in the elections 2013, repeatedly stated that PML (N) and Geo are the one team
having common interests—Najam Sethi, an employee for Geo TV was made PCB chairman as a
gift of Geo’s services, and rigging in the polls, while the ex-Chief Justice of the Supreme Court,
Iftikhar Muhammad Chaudhry also played his role in this regard.
Nonetheless, ‘Lawfare’ presents ugly, but the real face of some Western powers and the US
which have been destabilizing Pakistan to achieve their politico-military objectives by using law
as a weapon. Such practices must be condemned and input be provided to ‘Lawfare Project,’ an
internet based organization by raising voice against this warfare and its grave implications for the
human civilization, while pointing out the manipulation of the western judicial system by anti-
Pakistan entities, lawyers, politicians and so on.
Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants,
Invisible Balance of Power: Dangerous Shift in International Relations