Time to harmonize our counter terrorism effort

KHALID IQBAL DECEMBER 31, 2016 NEWS PAPER ARTICLES ADD REPLY

Judicial Commission comprising Justice Qazi Faez Isa that investigated the August 8 deadly terrorist
attack in Quetta has reported ‘monumental failure’ of the interior ministry and Balochistan government
towards combating terrorism. Even though there has been visible successes in the counter terrorism
effort with regard to frequency of such attacks, terrorist outfits retain the capacity to carry out periodic
high profile attacks. And 2016 was a bad year in this context. Though Terrorist carried out high causality
attacks, against soft target, in all provinces, Balochistan was the worst hit province. While
government(s) are right in taking credit for some of the encouraging statistics, Commission’s findings
correctly indicate that gains are fragile and complacency could lead to reversals.

Commission was constituted by the Supreme Court and its report was also made public on court’s
orders. Commission has reported that the ‘irresponsible’ post-attack statements of CM and home
minister Balochistan had undermined the credibility of the provincial government. As expected, the
report has stirred a controversy leading to politicization of its content. Balochistan government has
taken the report relatively more sportingly than federal interior ministry.

Had the report remained confidential, the controversial nature of the commission would not have
become a public knowledge. And by not releasing the report for public consumption, the Supreme Court
could have saved the Judicial Commissioner the agony of exposure to a situation in which it won’t be
tenable for him to go public in his defence.

Commission had become controversial even before it had been constituted, it was pointed out by the
Balochistan government that the Supreme Court did not have legal cover to appoint such commission:
“In case the INQUIRY contemplated by the court’s October 6 order is conducted, it would set a
precedent which could seriously jeopardise the entire criminal justice system in the country.” Provincial
government had also brought to attention the Futility of the commission: “the concurrent and
contemporaneous conduct of (Commission led) investigation on the one hand and inquiry (provincial
government instituted joint inquiry) on the other hand is likely to seriously prejudice, hinder, hamper
and in effect negate the principles of the due process of law.” The provincial government had also
voiced concern that “neither the precise powers to be exercised by the commission nor its terms of
reference have been specified in the court’s October 6 order.” And that two parallel investigations could
lead towards conflicting findings and thus create confusion. Trust deficit was also expressed against the
Commissioner by the Balochistan government.

Most of the objections of the provincial government were, however, flimsy; and keeping in view
frequent recurrences of similar nature in Balochistan over the preceding months, formation of
Commission was indeed commendable. At the same time, keeping in view the attitude of
unacceptability demonstrated by the Balochistan government with regard to jurisdiction of the
commission and finger pointing towards the persona of Justice Qazi, it would have been in the fitness of
things to appoint some other person as Judicial Commissioner; and may be Justice Qazi would have
himself opted out of this assignment.

Though most of the findings of the Commission related to shortfalls of our counter terrorism effort and
inadequacies with regard to implementation of National Action Plan (NAP) are accurate and thus
praiseworthy, Commission, unfortunately, did indulge in commenting on additional matters to the
extent of even including heresy in the findings, which led of erosion of report’s credibility.

Decision to make the entire content of the report public has contributed nothing towards avoiding the
recurrence of similar nature. Purpose would have been better served if irrelevant personal remark were
expunged before releasing it to the public. The rubble it has roused may result in burying some very
valuable findings of the Commission under the heaps of indignation of those who are responsible to
implement the report. In all probability, the report may be consigned to dormancy.

The Commission has pointed out that “If the functionaries of the state had established a bank of forensic
information on past attacks, and pursued the cases, they might have prevented the attacks of August 8,”
it reports. And that through irresponsible press statements by CM Balochistan and his cabinet colleagues
“fabricated leads were broadcast, disrupting the investigation and creating false expectations.” The
Commission has also pointed fingers at Federal Interior Ministry: “The ministry’s National Security
Internal Policy is not being implemented”.

Commission has observed that no meeting of the Executive Committee of National Counter Terrorism
Authority (NACTA) had been convened since December 31, 2014. There is need to find out why interior
ministry under the previous and current government has been persistently reluctant to let NACTA stand
on its feet. Commission has pointed out that the NAP is not a plan in any structured or meaningful way,
nor has its goals been monitored or implemented. May be the Commissioner was unduly harsh about
this document of national consensus, though his assessment regarding its poor implementation are in
order.

The Commission has also correctly pointed out that country’s western borders are not monitored, and
even from the official crossings there is a free and unrestricted flow of people and goods, including
terrorists, weapons, ammunition, and other contraband. It has aptly proposed that entry into and
departure from Pakistan be properly monitored.
Commission has pointed out that the Ministry of Religious Affairs and Inter-Faith Harmony is not
fulfilling its most basic mandate for interfaith harmony. There is no registration or monitoring of
madrassas. Touching the holy cow media, the Commission has observed that the media has a very few
stories about the victims of terrorism. Media coverage seems to be centred on the propaganda of
terrorists. The Commission has recommended that if the media broadcasts and propagates the views of
terrorists, then those doing so must be prosecuted.

Commission is of the view that solution to the menace of extremism and terrorism is straightforward:
“Abide by the laws…It is an abomination to have laws, and not enforce them.”

Interior Minister has rejected as ‘one-sided’ and has vowed to challenge it at every available forum. The
opposition parties have submitted an adjournment motion in the National Assembly Secretariat seeking
the resignation of the interior minister.

Commission was apparently tasked to investigate the deadly attack, however, it chose to also venture
into governance related issues and, in all probability and may be inadvertently, became a conduit for
airing the system related grievances by Chief Secretary Balochistan. Certainly better forums, than a
typical judicial commission are available to reconcile such matters. And an officer of the stature of Chief
Secretary should have had the courage to take stand and settle such matters or quit, rather than venting
his grievances against the system of which he is, and continues to be, an important member, rather than
finding the shoulder of a judicial commission to lean against and cry.

Entire saga reflects how our governments (federal as well as provincial), institutions and agencies tend
to exceed their rightful mandate and cross over into legitimate sphere of others. Also it lays bare of
another unfortunate reality that when genuine weakness are pointed out, how governments and other
entities go defensive and do everything to create an impression that such reports are not credible. The
mud-slinging in the aftermath of report has created a bad taste and left a common Pakistani feel more
insecure with regard to governments’ assurances in the context of its counter terrorism effort.

Now all eyes on Prime Minister, hopefully he will a look at the matter with an apolitical lens and see that
chaff is sifted from the corn. National counter terrorism effort stands to gain by implementing relevant
findings and recommendations of the Commission.