Pakistan’s Point of View (Or Points of View) on Kashmir: My As Yet Undelivered Lahore Lecture–Part I

Preface: Exactly a year ago, in late October-November 2010, I received a very kind invitation from the Lahore Oxford and Cambridge Society to speak there on this subject.  Mid March 2011 was a tentative date for this lecture from which the text below is dated.  The lecture has yet to take place for various reasons but as there is demand for its content, I am releasing the part which was due to be released in any case to my Pakistani hosts ahead of time — after all, it would have been presumptuous of me to seek to speak in Lahore on Pakistan’s viewpoint on Kashmir, hence I instead  planned to release my understanding of that point of view ahead of time and open it to the criticism of my hosts.  The structure of the remainder of the talk may be surmised too from the Contents.  The text and argument are mine entirely, the subject of more than 25 years of research and reflection,  and are under consideration of publication as a book by Continuum of London and New York.  If you would like to comment, please feel free to do so, if you would like to refer to it in an online publication, please give this link, if you would like to refer to it in a paper-publication, please   email me.  Like other material at my site, it is open to the Fair Use rule of normal scholarship.

 

On the Alternative Theories of Pakistan and India about Jammu & Kashmir (And the One and Only Way These May Be Peacefully Reconciled): An Exercise in Economics, Politics, Moral Philosophy & Jurisprudence

 

 by

 

Subroto (Suby) Roy

 

Lecture to the Oxford and Cambridge Society of Lahore

 

March 14, 2011 (tentative)

 

 

“What is the use of studying philosophy if all that does for you is to enable you to talk with some plausibility about some abstruse questions of logic, etc., & if it does not improve your thinking about the important questions of everyday life?”  Wittgenstein, letter to Malcolm, 1944

 

 

 

 

“India is the greatest Muslim country in the world.”

Sir Muhammad Iqbal, 1930, Presidential Address to the Muslim League, Allahabad

 

 

 

 

 

 “Where be these enemies?… See, what a scourge is laid upon your hate,… all are punish’d.” Shakespeare

 

 

Dr Roy’s published works include Philosophy of Economics: On the Scope of Reason in Economic Inquiry (London & New York: Routledge, 1989, 1991); Pricing, Planning & Politics: A Study of Economic Distortions in India (London: Institute of Economic Affairs, 1984); and, edited with WE James, Foundations of India’s Political Economy: Towards an Agenda for the 1990s (Hawaii MS 1989, Sage 1992)  &  Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s (Hawaii MS 1989, Sage 1992, OUP Karachi 1993); and, edited with John Clarke, Margaret Thatcher’s Revolution: How it Happened and What it Meant (London & New York: Continuum 2005).  He graduated in 1976 with a first from the London School of Economics in mathematical economics, and received the PhD in economics at Cambridge in 1982 under Professor Frank Hahn for the thesis “On liberty & economic growth: preface to a philosophy for India”. In the United States for 16 years he was privileged to count as friends Professors James Buchanan, Milton Friedman, TW Schultz, Max Black and Sidney Alexander.  From September 18 1990 he was an adviser to Rajiv Gandhi and contributed to the origins of India’s 1991 economic reform.  He blogs at http://www.independentindian.com.

CONTENTS

Part I

  1. Introduction

  2. Pakistan’s Point of View (or Points of View)

(a)    1930  Sir Muhammad Iqbal

(b)    1933-1948 Chaudhury Rahmat Ali

(c)    1937-1941 Sir Sikander Hayat Khan

(d)    1937-1947 Quad-i-Azam Mohammad Ali Jinnah

(e)    1940s et seq  Maulana Abul Ala Maudoodi

(f)     1947-1950 Prime Minister Liaquat Ali Khan, 1966 President Ayub Khan, 2005 Govt of Pakistan, 2007 President Musharraf, 2008 FM Qureshi, 2011 Kashmir Day

Part II

  1. India’s Point of View: British Negligence/Indifference during the Transfer of Power, A Case of Misgovernance in the Chaotic Aftermath of World War II

(a)    Rhetoric: Whose Pakistan?  Which Kashmir? 

(b)    Law: (i) Liaquat-Zafrullah-Abdullah-Nehru United in Error Over the Second Treaty of Amritsar! Dogra J&K subsists Mar 16 1846-Oct 22 1947. Aggression, Anarchy, Annexations: The LOC as De Facto Boundary by Military Decision Since Jan 1 1949.  (ii) Legal Error & Confusion Generated by 12 May 1946 Memorandum. (iii) War: Dogra J&K attacked by Pakistan, defended by India: Invasion, Mutiny, Secession of “Azad Kashmir” & Gilgit, Rape of Baramulla, Siege of Skardu.

  1. Politics: What is to be Done? Towards Truths, Normalisation, Peace in the 21st Century

The Present Situation is Abnormal & Intolerable. There May Be One (and Only One) Peacable Solution that is Feasible: Revealing Individual Choices Privately with Full Information & Security: Indian “Green Cards”/PIO-OCI status for Hurriyat et al: A Choice of Nationality (India, Pakistan, Afghanistan, Iran).  Of Flags and Consulates in Srinagar & Gilgit etc: De Jure Recognition of the Boundary, Diplomatic Normalisation,  Economic & Military Cooperation.

  1. Appendices:

(a)    History of Jammu & Kashmir until the Dogra Native State

(b)    Pakistan’s Allies (including A Brief History of Gilgit)

(c)    India’s Muslim Voices

(d)    Pakistan’s Muslim Voices: An Excerpt from the Munir Report

Part I

 

1.  Introduction

 

For a solution to Jammu & Kashmir to be universally acceptable it must be seen by all as being lawful and just. Political opinion across the subcontinent — in Pakistan, in India, among all people and parties in J&K, those loyal to India, those loyal to Pakistan, and any others — will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the principal known facts of history as well as account reasonably for all moral considerations.

 

I claim to have found such a solution, indeed I shall even say it is the only such solution (in terms of theoretical economics, it is the unique solution) and plan with your permission to describe its main outlines at this distinguished gathering.  I have not invented it overnight but it is something  developed over a quarter century, milestones along the way being the books emerging from the University of Hawaii “perestroika” projects for India and Pakistan that I and the late WE James led 25 years ago, and a lecture I gave at Washington’s Heritage Foundation in June 1998, as well as sets of newspaper articles published between 2005 and 2008, one in Dawn of Karachi and others in The Statesman of New Delhi and Kolkata.

 

Before I start, allow me for a moment to remind just how complex and intractable the problem we face has been, and, therefore, quite how large my ambition is in claiming today to be able to resolve it.

 

“Kashmir is in the Supreme National Interest of Pakistan”, says Pakistan.

 

“Kashmir is an Integral Part of India”, says India.

 

“Kashmir is an Integral Part of Pakistan”, says Pakistan.

 

“Kashmir is in the Supreme National Interest of India”, says India.

 

And so it goes, in what over the decades has been all too often a Dialogue of the Deaf.  How may such squarely opposed positions be reconciled without draining public resources even further through wasteful weaponry and confrontation of standing armies, or, what is worse, using these weapons and armies in war, plunging the subcontinent into an abyss of chaos and destruction for generations to come?  How is it possible?

 

I shall suggest a road can be found only when we realize Pakistan, India and J&K each have been and are going to remain integral to one another — in their histories, their geographies, their economies and their societies.  The only place they may need to differ, where we shall want them to differ, is their politics and political systems. We should not underestimate how much mutual hatred and mutual fear has arisen naturally on all sides over the decades as a result of bloodshed and suffering all around, and the fact must also be accounted for that people simply may not be in a calm-enough emotional state to want to be part of processes seeking resolution; at the same time, it bears to be remembered that although Pakistan and India have been at war more than once and war is always a very serious and awful thing, they have never actually declared war against the other nor have they ever broken diplomatic relations – in fact in some ways it has always seemed like some very long and protracted fraternal Civil War between us where we think we know one another so well and yet come to be surprised more by one another’s virtues than by one another’s vices.

 

Secondly, with any seemingly intractable problem, dialogue can stall or be aborted due to normal human failings of impatience or lack of good will or lack of good humour or lack of a scientific attitude towards finding facts, or plain mutual miscomprehension of one another’s points of view through ignorance or laziness or negligence.  In case of Pakistan and India over J&K, there has been the further critical complication that we of this generation did not cause this problem — it has been something inherited by us from not even our fathers but our grandfathers!  It is two generations old.  Each side must respect the words and deeds of its forebears but also may have to frankly examine in a scientific spirit where errors of fact or judgment may have occurred back then.  The antagonistic positions have changed only slightly over two generations, and one reason dialogue stalls or gets aborted today is because positions have become frozen for more than half a century and merely get repeated endlessly.  On top of such frozen positions have been piled pile upon pile of further vast mortal complications: the 1965 War, the 1971 secession of East Pakistan, the 1999 Kargil War, the 2008 Mumbai massacres.  Only cacophony results if we talk about everything at once, leaving the status quo of a dangerous expensive confrontation to continue.

 

I propose instead to focus as specifically and precisely as possible on how Jammu & Kashmir became a problem at all during those crucial decades alongside the processes of Indian Independence, World War II, the Pakistan Movement and creation of Pakistan, accompanied by the traumas and bloodshed of Partition.

 

Having addressed that — and it is only fair to forewarn this eminent Lahore audience that such a survey of words, deeds and events between the 1930s and 1950s tends to emerge in India’s favour — I propose to “fast-forward” to current times, where certain new facts on the ground appear much more adverse to India, and finally seek to ask what can and ought to be done, all things considered, today in the circumstances of the 21st Century.   There are four central facts, let me for now call them Fact A, Fact B, Fact C and Fact D, which have to be accepted by both countries in good faith and a scientific spirit.  Facts A and B are historical in nature; Pakistan has refused to accept them. Facts C and D are contemporary in nature; official political India and much of the Indian media too often have appeared wilfully blind to them. The moment all four facts come to be accepted by all, the way forward becomes clear.  We have inherited this grave mortal problem which has so badly affected the ordinary people of J&K in the most terrible and unacceptable manner, but if we fail to understand and resolve it, our children and grandchildren will surely fail even worse — we may even leave them to cope with the waste and destruction of further needless war or confrontation, indeed with the end of the subcontinent as we have received and known it in our time.

 

 

2. Pakistan’s Point of View (Or Points of View)

 

 

1930  Sir Muhammad Iqbal

 

This audience will need no explanation why I start with Sir Muhammad Iqbal (1877-1938), the poetic and spiritual genius who in the 20th Century inspired the notion of a Muslim polity in NorthWestern India, whose seminal 1930 presidential speech to the Muslim League in Allahabad lay the foundation stone of the new country that was yet to be.   He did not live to see Pakistan’s creation yet what may be called the “Pakistan Principle” was captured in his words:

 

“I would like to see the Punjab, Northwest Frontier Province, Sind and Baluchistan amalgamated into a single state. Self-government within the British Empire or without the British Empire, the formation of a consolidated North West Indian Muslim state appears to me to be the final destiny of the Muslims at least of Northwest India… India is the greatest Muslim country in the world.  The life of Islam as a cultural force in this living country very largely depends on its centralization in a specified territory”.

 

He did not see such a consolidated Muslim state being theocratic and certainly not one filled with bigotry or “Hate-Hindu” campaigns:

 

“A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities… Yet I love the communal group which is the source of my life and my behaviour… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states…. I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.”[1]

 

Though Kashmiri himself, in fact a founding member of the “All-India Jammu & Kashmir Muslim Conference of Lahore and Simla”, and a hero and role model for the young Sheikh Abdullah (1905-1982), Allama Iqbal was explicitly silent about J&K being part of the new political entity he had come to imagine.  I do not say he would not have wished it to be had he lived longer; what I am saying is that his original vision of the consolidated Muslim state which constitutes Pakistan today (after a Partitioned Punjab) did not include Jammu & Kashmir.  Rather, it was focused on the politics of British India and did not mention the politics of Kashmir or any other of the so-called “Princely States” or “Native States” of “Indian India” who constituted some 1/3rd of the land mass and 1/4th of the population of the subcontinent.  Twenty years ago I called this “The Paradox of Kashmir”, namely, that prior to 1947 J&K hardly seemed to appear in any discussion at all for a century, yet it has consumed almost all discussion and resources ever since.

 

Secondly, this audience will see better than I can the significance of Dr Iqbal’s saying the Muslim political state of his conception needed

 

“an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it”

 

and instead seek to

 

“mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times”.

 

Dr Iqbal’s Pakistan Principle appears here the polar opposite of Pakistan’s 18th & 19th Century pre-history represented by Shah Waliullah (1703-1762)[2] saying

 

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride”

 

 or Sayyid Ahmed Barelwi (1786-1831) saying

 

“We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching”.[3]  

 

Some 25 years after the Allahabad address, the Munir Report in 1954 echoed Dr Iqbal’s thought when it observed about medieval military conquests

 

“It is this brilliant achievement of the Arabian nomads …that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam… Little does he understand that the forces which are pitted against him are entirely different from those against which early Islam had to fight… Nothing but a bold reorientation of Islam to separate the vital from the lifeless can preserve it as a World Idea and convert the Musalman into a citizen of the present and the future world from the archaic incongruity that he is today…” [4]

 

 

 

 

 

 

1933-1947  Chaudhury Rahmat Ali

 

 

 

Dr Iqbal’s young follower, the radical Cambridge pamphleteer Chaudhury Rahmat Ali (1895-1951) drew a picture not of Muslim tolerance and coexistence with Hindus in a peaceful India but of aggression towards Hindus and domination by Muslims over the subcontinent and Asia itself.  Rahmat Ali had been inspired by Dr Iqbal’s call for a Muslim state in Northwest India but found it vague and was disappointed Iqbal had not pressed it at the Third Round Table Conference.  In 1933, reportedly on the upper floor of a London omnibus, he invented for the then-imagined political entity the name “PAKSTAN”, P for his native Punjab, A for Afghania, K for Kashmir, S for Sind, and STAN for Balochistan.  He sought a meeting with Mr Jinnah in London — “Jinnah disliked Rahmat Ali’s ideas and avoided meeting him”[5] but did meet him.  There is a thesis yet to be written on how Europe’s inter-War ideologies affected political thinking on the subcontinent.  Rahmat Ali’s vituperative views about Hindus were akin to others about Jews (and Muslims too) at the time, all models or counterfoils for one another in the fringes of Nazism.  He referred to the Indian nationalist movement as a “British-Banya alliance”, declined to admit India had ever existed and personally renamed the subcontinent “Dinia” and the seas around it the “Pakian Sea”, the “Osmanian Sea” etc. He urged Sikhs to rise up in a “Sikhistan” and urged all non-Hindus to rise up in war against Hindus. Given the obscurity of his life before his arrival at Cambridge’s Emmanuel College, what experiences may have led him to such views are not known.

 

All this was anathema to Mr Jinnah, the secular constitutionalist embarrassed by a reactionary Muslim imperialism in that rapidly modernising era that was the middle of the 20th Century.  When Rahmat Ali pressed the ‘Pakstan’ acronym, Mr Jinnah said Bengal was not in it and Muslim minority regions were absent.  At this Chaudhury-Sahib produced a general scheme of Muslim domination all over the subcontinent: there would be “Pakstan” in the northwest including Kashmir, Delhi and Agra; “Bangistan” in Bengal; “Osmanistan” in Hyderabad; “Siddiquistan” in Bundelhand and Malwa; “Faruqistan” in Bihar and Orissa; “Haideristan” in UP; “Muinistan” in Rajasthan; “Maplistan” in Kerala; even “Safiistan” in “Western Ceylon” and “Nasaristan” in “Eastern Ceylon”, etc.  In 1934 he published and widely circulated such a diagram among Muslims in Britain at the time.  He was not invited to the Lahore Resolution which did not refer to Pakistan though came to be called the Pakistan Resolution.  When he landed in the new Pakistan, he was apparently arrested and deported back and was never granted a Pakistan passport.  From England, he turned his wrath upon the new government, condemning Mr Jinnah as treacherous and newly re-interpreting his acronym to refer to Punjab, Afghania, Kashmir, Iran, Sindh, Tukharistan (sic), Afghanistan, and Balochistan.  The word “pak” coincidentally meant pure, so he began to speak of Muslims as “the Pak” i.e. “the pure” people, and of how the national destiny of the new Pakistan was to liberate “Pak” people everywhere, including the new India, and create a “Pak Commonwealth of Nations” stretching from Arabia to the Indies.  The map he now drew placed the word “Punjab” over J&K, and saw an Asia dominated by this “Pak” empire. Shunned by officialdom of the new Pakistan, Chaudhury-Sahib was a tragic figure who died in poverty and obscurity during an influenza epidemic in 1951; the Master of Emmanuel College paid for his funeral and was apparently later reimbursed for this by the Government of Pakistan.  In recent years he has undergone a restoration, and his grave at Cambridge has become a site of pilgrimage for ideologues, while his diagrams and writings have been reprinted in Pakistan’s newspapers as recently as February 2005.

 

 

 

 

1937-1941 Sir Sikander Hayat Khan

 

 

 

Chaudhary Rahmat Ali’s harshest critic at the time was the eminent statesman and Premier of Punjab Sir Sikander Hayat Khan (1892-1942), partner of the 1937 Sikander-Jinnah Pact, and an author of the Lahore Resolution.  His statement of 11 March 1941 in the Punjab Legislative Assembly Debates is a classic:

 

 

“No Pakistan scheme was passed at Lahore… As for Pakistan schemes, Maulana Jamal-ud-Din’s is the earliest…Then there is the scheme which is attributed to the late Allama Iqbal of revered memory.  He, however, never formulated any definite scheme but his writings and poems have given some people ground to think that Allama Iqbal desired the establishment of  some sort of  Pakistan.  But it is not difficult to explode this theory and to prove conclusively that his conception of  Islamic solidarity and universal brotherhood is not in conflict with Indian patriotism and is in fact quite different from the ideology now sought to be attributed to him by some enthusiasts… Then there is Chaudhuri Rahmat Ali’s scheme (*laughter*)…it was widely circulated in this country and… it was also given wide publicity at the time in a section of the British press.  But there is another scheme…it was published in one of the British journals, I think Round Table, and was conceived by an Englishman…..the word Pakistan was not used at the League meeting and this term was not applied to (the League’s Lahore) resolution by anybody until the Hindu press had a brain-wave and dubbed it Pakistan…. The ignorant masses  have now adopted the slogan provided by the short-sighted bigotry of the Hindu and Sikh press…they overlooked the fact that the word Pakistan might have an appeal – a strong appeal – for the Muslim masses.  It is a catching phrase and it has caught popular imagination and has thus made confusion worse confounded…. So far as we in the Punjab are concerned, let me assure you that we will not countenance or accept any proposal that does not secure freedom for all (*cheers*).  We do not desire that Muslims should domineer here, just as we do not want the Hindus to domineer where Muslims are in a minority. Now would we allow anybody or section to thwart us because Muslims happen to be in a majority in this province.  We do not ask for freedom that there may be a Muslim Raj here and Hindu Raj elsewhere.  If that is what Pakistan means I will have nothing to do with it.   If Pakistan means unalloyed Muslim Raj in the Punjab then I will have nothing to do with it (*hear, hear*)…. If you want real freedom for the Punjab, that is to say a Punjab in which every community will have its due share in the economic and administrative fields as partners in a common concern, then that Punjab will not be Pakistan but just Punjab, land of the five rivers; Punjab is Punjab and will always remain Punjab whatever anybody may say (*cheers*).  This, then, briefly is the future which I visualize for my province and for my country under any new constitution.

Intervention (Malik Barkat Ali): The Lahore resolution says the same thing.

Premier: Exactly; then why misinterpret it and try to mislead the  masses?…”

 

 

 

 

1937-1947  Quad-i-Azam Mohammad Ali Jinnah

 

 

 

During the Third Round Table Conference, Dr Iqbal persuaded Mr Jinnah (1876-1948) to return to India; Mr Jinnah, from being settled again in his London law practice, did so in 1934.  But following the 1935 Govt of India Act, the Muslim League failed badly when British India held its first elections in 1937 not only in Bengal and UP but in Punjab (one seat), NWFP and Sind.

 

 

World War II, like World War I a couple of brief decades earlier, then changed the political landscape completely. Germany invaded Poland on 1 September 1939 and Britain and France declared war on Germany on 3 September.  The next day, India’s British Viceroy (Linlithgow) granted Mr Jinnah the political parity with Congress that he had sought.[6]  Professor Francis Robinson suggests that until 4 September 1939 the British

 

“had had little time for Jinnah and his League.  The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi…. As the Congress began to demand immediate independence, the Viceroy took to reassuring Jinnah that Muslim interests would be safeguarded in any constitutional change. Within a few months, he was urging the League to declare a constructive policy for the future, which was of course presented in the Lahore Resolution[7]…. In their August 1940 offer, the British confirmed for the benefit of Muslims that power would not be transferred against the will of any significant element in Indian life. And much the same confirmation was given in the Cripps offer nearly two years later…. Throughout the years 1940 to 1945, the British made no attempt to tease out the contradictions between the League’s two-nation theory, which asserted that Hindus and Muslims came from two different civilisations and therefore were two different nations, and the Lahore Resolution, which demanded that ‘Independent States’ should be constituted from the Muslim majority provinces of the NE and NW, thereby suggesting that Indian Muslims formed not just one nation but two. When in 1944 the governors of Punjab and Bengal urged such a move on the Viceroy, Wavell ignored them, pressing ahead instead with his own plan for an all-India conference at Simla. The result was to confirm, as never before in the eyes of leading Muslims in the majority provinces, the standing of Jinnah and the League. Thus, because the British found it convenient to take the League seriously, everyone had to as well—Congressmen, Unionists, Bengalis, and so on…”[8]

 

 Mr Jinnah was himself amazed by the new British attitude towards him:

 

“(S)uddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

 

Britain, threatened for its survival, faced an obdurate Indian leadership and even British socialists sympathetic to Indian aspirations grew cold (Gandhi dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”).  Official Britain’s loyalties had been consistently with those who had been loyal to them, and it was unsurprising there would be a tilt to empower Mr Jinnah soon making credible the real possibility of Pakistan.[9]  By 1946, Britain was exhausted, pre-occupied with rationing, Berlin, refugee resettlement and countless other post-War problems — Britain had not been beaten in war but British imperialism was finished because of the War.  Muslim opinion in British India had changed decisively in the League’s favour.   But the  subcontinent’s political processes were drastically spinning out of everyone’s control towards anarchy and blood-letting.  Implementing a lofty vision of a cultured progressive consolidated Muslim state in India’s NorthWest descended into “Direct Action” with urban mobs  shouting Larke lenge Pakistan; Marke lenge Pakistan; Khun se lenge Pakistan; Dena hoga Pakistan.[10]

 

We shall return to Mr Jinnah’s view on the legal position of the “Native Princes” of “Indian India” during this critical time, specifically J&K; here it is essential before proceeding only to record his own vision for the new Pakistan as recorded by the profoundly judicious report of Justice Munir and Justice Kayani a mere half dozen years later:

 

“Before the Partition, the first public picture of Pakistan that the Quaid-i-Azam gave to the world was in the course of an interview in New Delhi with Mr. Doon Campbell, Reuter’s Correspondent. The Quaid-i-Azam said that the new State would be a modern democratic State, with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of their religion, caste or creed.  When Pakistan formally appeared on the map, the Quaid-i-Azam in his memorable speech of 11th August 1947 to the Constituent Assembly of Pakistan, while stating the principle on which the new State was to be founded, said:—‘All the same, in this division it was impossible to avoid the question of minorities being in one Dominion or the other. Now that was unavoidable. There is no other solution. Now what shall we do? Now, if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and specially of the masses and the poor. If you will work in co-operation, forgetting the past, burying the hatchet, you are bound to succeed. If you change your past and work together in a spirit that every one of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his colour, caste or creed, is first, second and last a citizen of this State with equal rights, privileges and obligations., there will be no end to the progress you will make.  “I cannot emphasise it too much. We should begin to work in that spirit and in course of time all these angularities of the majority and minority communities—the Hindu community and the Muslim community— because even as regards Muslims you have Pathana, Punjabis, Shias, Sunnis and so on and among the Hindus you have Brahmins, Vashnavas, Khatris, also Bengalis, Madrasis and so on—will vanish. Indeed if you ask me this has been the biggest hindrance in the way of India to attain its freedom and independence and but for this we would have been free peoples long long ago. No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this (Applause). Therefore, we must learn a lesson from this. You are free; you are free to go to your temples, you are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed— that has nothing to do with the business of the State (Hear, hear). As you know, history shows that in England conditions sometime ago were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State (Loud applause). The people of England in course of time had to face the realities of the situation and had to discharge the responsibilities and burdens placed upon them by the Government of their country and they went through that fire step by step. Today you might say with justice that Roman Catholics and Protestants do not exist: what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the nation. “Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State’. The Quaid-i-Azam was the founder of Pakistan and the occasion on which he thus spoke was the first landmark in the history of Pakistan. The speech was intended both for his own people including non-Muslims and the world, and its object was to define as clearly as possible the ideal to the attainment of which the new State was to devote all its energies. There are repeated references in this speech to the bitterness of the past and an appeal to forget and change the past and to bury the hatchet. The future subject of the State is to be a citizen with equal rights, privileges and obligations, irrespective of colour, caste, creed or community. The word ‘nation’ is used more than once and religion is stated to have nothing to do with the business of the State and to be merely a matter of personal faith for the individual.”

 

 

 

 

 

1940s et seq  Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami

 

 

 

The eminent theologian Maulana Abul Ala Maudoodi (1903-1979), founder of the Jama’at-i-Islami, had been opposed to the Pakistan Principle but once Pakistan was created he became the most eminent votary of an Islamic State, declaring:

 

 

 “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”.

 

 

 In such a view, Islam becomes

 

 

“the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.”

 

 

Maulana Maudoodi was asked by Justice Munir and Justice Kayani:

 

 

 “Q.—Is a country on the border of dar-ul-Islam always qua an Islamic State in the position of dar-ul-harb ?

A.—No. In the absence of an agreement to the contrary, the Islamic State will be potentially at war with the non-Muslim neighbouring country. The non-Muslim country acquires the status of dar-ul-harb only after the Islamic State declares a formal war against it”.

“Q.—Is there a law of war in Islam?

A.—Yes.

Q.—Does it differ fundamentally from the modern International Law of war?

A.—These two systems are based on a fundamental difference.

Q.—What rights have non-Muslims who are taken prisoners of war in a jihad?

A.—The Islamic law on the point is that if the country of which these prisoners are nationals pays ransom, they will be released. An exchange of prisoners is also permitted. If neither of these alternatives is possible, the prisoners will be converted into slaves for ever. If any such person makes an offer to pay his ransom out of his own earnings, he will be permitted to collect the money necessary for the fidya (ransom).

Q.—Are you of the view that unless a Government assumes the form of an Islamic Government, any war declared by it is not a jihad?

A.—No. A war may be declared to be a jihad if it is declared by a national Government of Muslims in the legitimate interests of the State. I never expressed the opinion attributed to me in Ex. D. E. 12:— (translation)‘The question remains whether, even if the Government of Pakistan, in its present form and structure, terminates her treaties with the Indian Union and declares war against her, this war would fall under the definition of jihad? The opinion expressed by him in this behalf is quite correct. Until such time as the Government becomes Islamic by adopting the Islamic form of Government, to call any of its wars a jihad would be tantamount to describing the enlistment and fighting of a non-Muslim on the side of the Azad Kashmir forces jihad and his death martyrdom. What the Maulana means is that, in the presence of treaties, it is against Shari’at, if the Government or its people participate in such a war. If the Government terminates the treaties and declares war, even then the war started by Government would not be termed jihad unless the Government becomes Islamic’.

….

“Q.—If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?

A—Certainly. I should have no objection even if the Muslims of India are treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”

.…

“Q.—What will be the duty of the Muslims in India in case of war between India and Pakistan?

A.—Their duty is obvious, and that is not to fight against Pakistan or to do anything injurious to the safety of Pakistan.”

 

 

 

 

 

1947-1950 PM Liaquat Ali Khan, 1966 Gen Ayub Khan, 2005 Govt of Pakistan et seq

 

 

 

In contrast to Maulana Maudoodi saying Islam was “the very antithesis of secular Western democracy”,  Prime Minister Liaquat Ali Khan (1895-1951)[11] during his first official visit in 1950 to North America was to say the new Pakistan, because it was Muslim, held Asia’s greatest democratic potential:

 

 

 

“At present there is no democracy in Asia which is more free and more unified than Pakistan; none so free from moral doubts and from strains between the various sections of the people.”

 

 

 

He told his audiences Pakistan was created because Hindus were people wedded to caste-differences where Pakistanis as Muslims had an egalitarian and democratic disposition:

 

 

“The Hindus, for example, believe in the caste system according to which some human beings are born superior to others and cannot have any social relations with those in the lower castes or with those who are not Hindus.   They cannot marry them or eat with them or even touch them without being polluted.   The Muslims abhor the caste system, as they are a democratic people and believe in the equality of men and equal opportunities for all, do not consider a priesthood necessary, and have economic laws and institutions which recognize the right of private ownership and yet are designed to promote the distribution of wealth and to put healthy checks on vast unearned accumulations… so the Hindus and the Muslims decided to part and divide British India into two independent sovereign states… Our demand for a country of our own had, as you see, a strong democratic urge behind it.  The emergence of Pakistan itself was therefore the triumph of a democratic idea.  It enabled at one stroke a democratic nation of eighty million people to find a place of its own in Asia, where now they can worship God in freedom and pursue their own way of life uninhibited by the domination or the influence of ways and beliefs that are alien or antagonistic to their genius.” [12]

 

 

 

 

President Ayub Khan would state in similar vein on 18 November 1966 at London’s Royal Institute of International Affairs:

 

 

“the root of the problem was the conflicting ideologies of India and Pakistan. Muslim Pakistan believed in common brotherhood and giving people equal opportunity.  India and Hinduism are based on inequality and on colour and race.  Their basic concept is the caste system… Hindus and Muslims could never live under one Government, although they might live side by side.”

 

 

 

Regarding J&K, Liaquat Ali Khan on November 4 1947 broadcast from here in Lahore that the 1846 Treaty of Amritsar was “infamous” in having caused an  “immoral and illegal” ownership of Jammu & Kashmir.  He, along with Mr Jinnah, had called Sheikh Abdullah a “goonda” and “hoodlum” and “Quisling” of India, and on February 4 1948 Pakistan formally challenged the sovereignty of the Dogra dynasty in the world system of nations.  In 1950 during his North American visit though, the Prime Minister allowed that J&K was a “princely state” but said

 

 

“culturally, economically, geographically and strategically, Kashmir – 80 per cent of whose peoples like the majority of the people in Pakistan are Muslims – is in fact an integral part of Pakistan”;

 

“(the) bulk of the population (are) under Indian military occupation”. 

 

 

 

 

Pakistan’s official self-image, portrayal of India, and position on J&K may have not changed greatly since her founding Prime Minister’s statements.   For example, in June 2005 the website of the Government of Pakistan’s Permanent Mission at the UN stated:

 

 

 

“Q: How did Hindu Raja (sic) become the ruler of Muslim majority Kashmir?

A: Historically speaking Kashmir had been ruled by the Muslims from the 14th Century onwards.  The Muslim rule continued till early 19th Century when the ruler of Punjab conquered  Kashmir and gave Jammu to a Dogra Gulab Singh who purchased Kashmir from the British in 1846 for a sum of 7.5 million rupees.”

“India’s forcible occupation of the State of Jammu and Kashmir in 1947 is the main cause of the dispute. India claims to have ‘signed’ a controversial document, the Instrument of Accession, on 26 October 1947 with the Maharaja of Kashmir, in which the Maharaja obtained India’s military help against popular insurgency.   The people of Kashmir and Pakistan do not accept the Indian claim.   There are doubts about the very existence of the Instrument of Accession.  The United Nations also does not consider Indian claim as legally valid: it recognises Kashmir as a disputed territory.   Except India, the entire world community recognises Kashmir as a disputed territory. The fact is that all the principles on the basis of which the Indian subcontinent was partitioned by the British in 1947 justify Kashmir becoming a part of Pakistan:  the State had majority Muslim population, and it not only enjoyed geographical proximity with Pakistan but also had essential economic linkages with the territories constituting Pakistan.”

 

 

 

 

India, a country dominated by the hated-Hindus, has forcibly denied Srinagar Valley’s Muslim majority over the years the freedom to become part of Muslim Pakistan – I stand here to be corrected but, in a nutshell, such has been and remains Pakistan’s official view and projection of the Kashmir problem over more than sixty years.[13]

 

 

Part II

 

  1. India’s Point of View: British Negligence/Indifference during the Transfer of Power, A Case of Misgovernance in the Chaotic Aftermath of World War II

 

 

(a)    Rhetoric: Whose Pakistan?  Which Kashmir? 

(b)    Law: (i) Liaquat-Zafrullah-Abdullah-Nehru United in Error Over the Second Treaty of Amritsar! Dogra J&K subsists Mar 16 1846-Oct 22 1947. Aggression, Anarchy, Annexations: The LOC as De Facto Boundary by Military Decision Since Jan 1 1949.  (ii) Legal Error & Confusion Generated by 12 May 1946 Memorandum. (iii) War: Dogra J&K attacked by Pakistan, defended by India: Invasion, Mutiny, Secession of “Azad Kashmir” & Gilgit, Rape of Baramulla, Siege of Skardu.

 

 

  1. Politics: What is to be Done? Towards Truths, Normalisation, Peace in the 21st Century

The Present Situation is Abnormal & Intolerable. There May Be One (and Only One) Peacable Solution that is Feasible: Revealing Individual Choices Privately with Full Information & Security: Indian “Green Cards”/PIO-OCI status for Hurriyat et al: A Choice of Nationality (India, Pakistan, Afghanistan, Iran).  Of Flags and Consulates in Srinagar & Gilgit etc: De Jure Recognition of the Boundary, Diplomatic Normalisation,  Economic & Military Cooperation.

  1. Appendices:

(a)    History of Jammu & Kashmir until the Dogra Native State

(b)    Pakistan’s Allies (including A Brief History of Gilgit)

(c)    India’s Muslim Voices

(d)    Pakistan’s Muslim Voices: An Excerpt from the Munir Report



[1] EIJ Rosenthal, Islam in the Modern National State, 1965, pp.196-197.

[2] A contemporary of Mohammad Ibn Abdal Wahhab of Nejd.

[3] Francis Robinson in  WE James & Subroto Roy, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, 1993, p. 36.  Indeed Barelwi had created a proto-Pakistan in NorthWest India one hundred years before the Pakistan Movement. “In the later 1820s the movement became militant, regarding jihad as one of the basic tenets of faith.  Possibly encouraged by the British, with whom the movement did not feel powerful enough to come to grips at the outset, it chose as the venue of jihad the NW frontier of the subcontinent, where it was directed against the Sikhs.  Barelwi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers; and he was finally defeated and slain by the Sikhs in 1831″ (Aziz Ahmed, in  AL Basham (ed) A Cultural History of India 1976, p. 384).   Professor Robinson answered a query of mine in an email of 8 August 2005: “the fullest description of this is in Mohiuddin Ahmad, Saiyid Ahmad Shahid (Lucknow, 1975), although practically everyone who deals with the period covers it in some way. Barelwi was the Amir al-Muminin of a jihadi community which based itself north of Peshawar and for a time controlled Peshawar.  He called his fellowship the Tariqa-yi Muhammadiya.  Barelwi corresponded with local rulers about him.  After his death at the battle of Balakot, it survived in the region, at Sittana I think, down to World War One.”

[4] Rosenthal, ibid., p 235

[5] Germans

[6] Events remote from India’s history and geography, namely, the rise of Hitler and the Second World War, had contributed between 1937 and 1947 to the change of fortunes of the Muslim League and hence of all the people of the subcontinent.  The British had long discovered that mutual antipathy between Muslims and Hindus could be utilised in fashioning their rule; specifically that organisation and mobilisation of Muslim communal opinion was a useful counterweight to any pan-Indian nationalism emerging to compete with British authority. As early as 1874, long before Allan Octavian Hume ICS conceived the Indian National Congress, John Strachey ICS observed “The existence side by side of these (Hindu and Muslim) hostile creeds is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” By 1906, when a deputation of Muslims headed by the Aga Khan first approached the British pleading for communal representation, Minto the Viceroy replied: “I am as firmly convinced as I believe you to be that any electoral representation in India would be doomed to mischievous failure which aimed at granting a personal enfranchisement, regardless of the beliefs and traditions of the communities composing the population of this Continent.” Minto’s wife wrote in her diary the effect was “nothing less than the pulling back of sixty two millions of (Muslims) from joining the ranks of the seditious opposition.” (The true significance of Maulana Azad may have been that he, precisely at the same time, did indeed feel within himself the nationalist’s desire for freedom strongly enough to want to join the ranks of that seditious opposition.)

[7] “That geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority, as in the North-Western and Eastern zones of India should be grouped to constitute Independent States in which the constituent units shall be autonomous and sovereign”.

[8] Robinson ibid, pp. 43-44.

[9] In the “Indian India” of the Native Princes, Hari Singh and others who sent troops to fight as part of British armies (and who were nominal members of Churchill’s War Cabinet) would have their vanities flattered, while Sheikh Abdullah’s rebellion against Dogra rule would be ignored. See seq. And in British India, Mr Jinnah the conservative Anglophile and his elitist Muslim League would be backed, while the radicalised masses of the Gandhi-Bose-Nehru Congress suppressed as a nuisance.

[10] An anthology about Lahore reports memories of a murderous mob arriving at a wealthy man’s home to be placated  with words like  “They are Parsis not Hindus, no need to kill them…”

[11] An exact contemporary of Chaudhury Rahmat Ali.

[12] Pakistan, Harvard University Press, 1950.

[13] It is not far from this to a certain body of sentiments frequently found, for example, as recently as February 5 2011: “To observe the Kashmir Solidarity Day, various programs, rallies and protests will be held on Saturday (today) across the city to support the people of Kashmir in their struggle against the Indian occupation of their land.  Various religious, political, social and other organizations have arranged different programs to highlight the atrocities of Indian occupant army in held Jammu and Kashmir where about 800,000 Indian soldiers have been committing atrocities against innocent civilians; killing, wounding and maiming tens of thousands of people; raping thousands of women and setting houses, shops and crops on fire to break the Kashmiris’ will to fight for their freedom…Jamat-ud-Dawah…leaders warned that a ‘jihad’ would be launched if Kashmir was not liberated through civil agitation…the JuD leaders said first the former President, Pervez Musharraf, and now the current dispensation were extending the olive branch to New Delhi despite the atrocities on the Kashmiri people….the Pakistani nation would (never compromise on the issue of Kashmir and) would continue to provide political, moral and diplomatic support to the Kashmiri people.”

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My Seventy-One Articles, Notes Etc on Kashmir, Pakistan, & of course, India (plus my undelivered Lahore lectures)

I am afraid you need a Facebook account to see most of these, though several are in the newspapers and/or at this site too.  I will try in due course to have everything reproduced here too.

0) http://independentindian.com/2011/11/22/pakistans-point-of-view-or-points-of-view-on-kashmir-my-as-yet-undelivered-lahore-lecture-part-i/

1) Talking to my student and friend Amir Malik about Pakistan and its problems

http://www.facebook.com/note.php?note_id=10150297082781126

Tuesday, September 27, 2011

2) My thanks to Mr Singh for seeing the optimality of my Kashmir solution

http://www.facebook.com/note.php?note_id=10150271489571126

Sunday, September 4, 2011

3) Zafrullah, my father, and the three frigates: there was no massacre of the Hindu Sindhi refugees in Karachi in 1947

http://www.facebook.com/note.php?note_id=10150265008366126

Saturday, August 27, 2011

4) Conversation with Mr Birinder R Singh about my Kashmir solution

http://www.facebook.com/note.php?note_id=10150259831611126

Saturday, August 20, 2011

5) On the Hurriyat’s falsification of history

http://www.facebook.com/note.php?note_id=10150258949946126

Friday, August 19, 2011

6) Letter from a young Pashtun whose grandfathers were in the 1947 invasion of Kashmir (which the Hurriyat says never happened)

http://www.facebook.com/note.php?note_id=10150258851821126

Friday, August 19, 2011

7) More on my solution

http://www.facebook.com/note.php?note_id=10150258100876126

Thursday, August 18, 2011

8  ) A Hurriyat/Taliban Islamist emirate in the Valley subject to an Indian blockade would likely face famine.

http://www.facebook.com/note.php?note_id=10150257700231126

Wednesday, August 17, 2011

9) There is no Kashmiri nationality and there never has been in the modern era of international law

http://www.facebook.com/subyroy?sk=notes&s=20

Monday, August 15, 2011

10) Of the Flag of Pakistan, and the Union Jack, and the Flag of India — August 14-15 1947

http://www.facebook.com/note.php?note_id=10150255301456126

Sunday, August 14, 2011

11) Talking about Kashmir in 1947 to Ralph Coti

http://www.facebook.com/note.php?note_id=10150254871116126

Saturday, August 13, 2011

12) Conversation with Prof. Bhim Singh about 1947

http://www.facebook.com/note.php?note_id=10150254495896126

Saturday, August 13, 2011

13) The LOC represents the division of ownerless, sovereignless territory won by military conquest by either side…

http://www.facebook.com/note.php?note_id=10150245816611126

Monday, August 1, 2011

14) Talking to Mr Tauseef

http://www.facebook.com/note.php?note_id=10150245521131126

Monday, August 1, 2011

15) J&K had ceased to exist as an entity in international law by August 15 1947, at most by October 22 1947

http://www.facebook.com/note.php?note_id=10150244867021126

Sunday, July 31, 2011

16) Would someone be kind enough to tell me which freedoms Indian Kashmiris are being deprived of?

http://www.facebook.com/note.php?note_id=10150243323381126

Friday, July 29, 2011

17) Kunan Poshpora: I would say the evidence reported by the Verghese Committee itself was enough to indicate there had been rape 28 July 2011

https://www.facebook.com/notes/subroto-roy/kunan-poshpora-i-would-say-the-evidence-reported-by-the-verghese-committee-itsel/10150242580476126

 

 

18) Talking to Mr Rameez Makhdoomi about Kashmir

http://www.facebook.com/note.php?note_id=10150241973371126

Wednesday, July 27, 2011

19) And, as you well know, General Hasnain is both Muslim and Kashmiri, besides being the Commanding Officer of 15 Corps.

http://www.facebook.com/subyroy?sk=notes&s=40

Friday, July 22, 2011

20) Kashmir needs a Coroner’s Office!

http://www.facebook.com/note.php?note_id=10150238284741126

Friday, July 22, 2011

21) A slogan for Kashmir: No exaggerations, no hallucinations, no cover-ups please: Just the plain facts & accountability

http://www.facebook.com/note.php?note_id=10150238136556126

Friday, July 22, 2011

22) Towards a Spatial Model of Kashmir’s Political History

http://www.facebook.com/note.php?note_id=10150234599731126

Sunday, July 17, 2011

23) Why did Allama Iqbal say “India is the greatest Muslim country in the world…”?

http://www.facebook.com/note.php?note_id=10150233148866126

Friday, July 15, 2011

24) Conversation with Mr Arif

http://www.facebook.com/note.php?note_id=10150230793806126

Tuesday, July 12, 2011

25) Omar Qayoom Bhat: A Victim of State Repression in J&K

http://www.facebook.com/note.php?note_id=10150229389496126

Monday, July 11, 2011

26) Good and evil in Kashmir over more than a millennium…

http://www.facebook.com/note.php?note_id=10150217168656126

Sunday, June 26, 2011

27) Letter to Mr Zargar (Continued)

http://www.facebook.com/note.php?note_id=10150212034496126

June 23, 2011

28) From the Official Indian Army website re Human Rights Violations

http://www.facebook.com/note.php?note_id=10150210741356126

Wednesday, June 22, 2011

29) A Facebook Discussion on Kashmir with the Lahore Oxford & Cambridge Society

http://www.facebook.com/note.php?note_id=10150208871201126

Sunday, June 19, 2011

30) Answering two central questions on the Kashmir Problem

http://www.facebook.com/note.php?note_id=10150202054326126

Friday, June 10, 2011

31) Some articles on Jammu & Kashmir, Pakistan, Afghanistan

http://www.facebook.com/note.php?note_id=10150201498846126

Friday, June 10, 2011

32) Lar ke lenge Pakistan? Khun se lenge Pakistan?

http://www.facebook.com/note.php?note_id=10150195065706126

Thursday, June 2, 2011

33) On Pakistan & Questions of the Nature & Jurisprudence of Polities

http://www.facebook.com/note.php?note_id=10150165301016126

Saturday, April 30, 2011

34) On “state involvement” (January 2009)

http://www.facebook.com/note.php?

on Friday, April 22, 2011

35) My four main 2005-06 articles on the existence of a unique, stable solution to Kashmir

http://www.facebook.com/note.php?note_id=10150155305266126

Sunday, April 17, 2011

36) On the present state of the Pakistan-India dialogue

http://www.facebook.com/note.php?note_id=10150140448906126

Thursday, March 31, 2011

37) Mixed messages (from a Dec 2008 post on Pakistan just after the Mumbai massacres)

http://www.facebook.com/note.php?note_id=10150117696731126

Tuesday, March 29, 2011

38) New Foreign Policy? “Kiss Up, Kick Down”? (October 2006)

http://www.facebook.com/note.php?note_id=10150098854806126

Friday, March 4, 2011

39) Conversations with Kashmiris: An Ongoing Facebook Note

http://www.facebook.com/note.php?note_id=489267761125

Saturday, January 22, 2011

40) On Pakistan and the Theory & Practice of the Islamic State, 1949, 1954

http://www.facebook.com/note.php?note_id=486039761125

Saturday, January 15, 2011

41) A Modern Military (2006)

http://www.facebook.com/note.php?note_id=483556931125

Monday, January 10, 2011

42) India’s Muslim Voices: Sir Sikandar Hyat Khan (1892-1942), Punjab Prime Minister 1941

http://www.facebook.com/note.php?note_id=476020171125

Monday, December 27, 2010

43) Pre-Partition Indian Secularism Case-Study: Fuzlul Huq and Manindranath Roy

http://www.facebook.com/note.php?note_id=445015731125

Tuesday, October 26, 2010

44) A Brief Note on Bangladesh, Pakistan, India and the Pashtuns 1971-2010

http://www.facebook.com/note.php?note_id=414500306125

Wednesday, July 28, 2010

45) On the Existence of a Unique and Stable Solution to the Jammu & Kashmir Problem that is Lawful, Just and Economically Efficient

http://www.facebook.com/note.php?note_id=407478886125

Monday, July 5, 2010

46) Seventy Years Today (Sep 4 2009) Since the British Govt Politically Empowered MA Jinnah

http://www.facebook.com/note.php?note_id=407310716125

Monday, July 5, 2010

47) Justice & Afzal (Oct 14 2006)

http://www.facebook.com/note.php?note_id=393914236125

Tuesday, May 18, 2010

48) My (armchair) experience of the 1999 Kargil war (Or, How the Kargil effort got a little help from a desktop)

http://www.facebook.com/note.php?note_id=388161476125

Thursday, April 29, 2010

49) A Brief History of Gilgit

http://www.facebook.com/note.php?note_id=336081356125

Monday, March 1, 2010

50)  India-USA interests: Elements of a serious Indian foreign policy (2007)

http://www.facebook.com/note.php?note_id=299902341125

Wednesday, February 10, 2010

51) Ambassador Holbrooke’s error of historical fact

http://www.facebook.com/note.php?note_id=259713446125

Sunday, January 17, 2010

52) Of a new New Delhi myth & the success of the Univ of Hawaii 1986-1992 Pakistan project (Nov 15 2008)

https://www.facebook.com/note.php?note_id=247284116125

Sunday, 10 January 2010

53) Was Sheikh Mohammad Abdullah (1905-1982), Lion of Kashmir, the greatest Muslim political leader of the 20th Century?

http://www.facebook.com/note.php?note_id=244956301125

Friday, January 8, 2010

54) On Indian Nationhood: From Tamils To Kashmiris & Assamese & Mizos To Sikhs & Goans (2007)

http://www.facebook.com/note.php?note_id=222511821125

Friday, December 25, 2009

55) India has never, not once, initiated hostilities against Pakistan (2009)

http://www.facebook.com/note.php?note_id=194400926125

Wednesday, December 2, 2009

56) RAND’s study of the Mumbai attacks (Jan 25 2009)

http://www.facebook.com/note.php?note_id=189261716125

Wednesday, November 25, 2009

57) Memo to the Hon’ble Attorneys General of Pakistan & India (January 16 2009)

http://www.facebook.com/note.php?note_id=189251816125

Wednesday, November 25, 2009

58) On Hindus and Muslims (2005)

http://www.facebook.com/note.php?note_id=172649451125

Tuesday, November 3, 2009

59) Iqbal & Jinnah vs Rahmat Ali in Pakistan’s creation (2005)

http://www.facebook.com/note.php?note_id=171039831125

Saturday, October 31, 2009

60) Have “mixed messages” caused a “double-bind” in the US-Pakistan relationship?

http://www.facebook.com/note.php?note_id=164051251125

Wednesday, October 21, 2009

61) Pakistan’s Kashmir obsession: Sheikh Abdullah Relied In Politics On The French Constitution, Not Islam (Feb 16 2008)

http://www.facebook.com/note.php?note_id=154064436125

Thursday, October 8, 2009

62) Two cheers for Pakistan! (April 7 2008)

http://www.facebook.com/note.php?note_id=154062896125

Thursday, October 8, 2009

63) What to tell Musharraf: Peace Is Impossible Without Non-Aggressive Pakistani Intentions (Dec 15 2006)

http://www.facebook.com/note.php?note_id=153985256125

Wednesday, October 7, 2009

64) India’s Muslim Voices (Dec 4 2008)

http://www.facebook.com/note.php?note_id=153977181125

Wednesday, October 7, 2009

65) Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times” (2007)

http://www.facebook.com/note.php?note_id=153971996125

Wednesday, October 7, 2009

66) The Greatest Pashtun: Khan Abdul Ghaffar Khan (1890-1988)

http://www.facebook.com/note.php?note_id=153812126125

Wednesday, October 7, 2009

67) Law, Justice and Jammu & Kashmir (2006)

http://www.facebook.com/note.php?note_id=152464726125

Monday, October 5, 2009

68) Solving Kashmir: On an Application of Reason (2005)

http://www.facebook.com/note.php?note_id=152462776125

Monday, October 5, 2009

69) Understanding Pakistan (2006)

http://www.facebook.com/note.php?note_id=152348161125

Monday, October 5, 2009

70) Pakistan’s Allies (2006)

http://www.facebook.com/note.php?note_id=152345826125

Monday, October 5, 2009

71) History of Jammu & Kashmir

http://www.facebook.com/note.php?note_id=152343836125

Monday, October 5, 2009

and of course, from 20 years ago,

https://www.facebook.com/photo.php?fbid=164040022284&set=a.136688412284.112038.632437284&type=3&theater

The 5-Minute Negative Feedback Loop Model of Kashmir’s Problems

William E (Ted) James, Dec 21 1951- May 19 2010, friend & collaborator: How we made a little bit of history together

“Professor Roy?”, a smooth baritone asked me on the phone, within a week or so of my entering my Manoa office in the Fall of 1986. “Yes?”, I said, “My name is Ted James, and I was wondering if we could have lunch; I wanted to talk to you about working together on India”. “I thought I’d met everyone in the Department”, said I. “We at the East West Center are a bit of a mysterious bunch”, he joked. Oh so this is the US Govt calling, I said to myself, better watch out. “Well, I’ve published on India already”, I said referring to my IEA monograph which had attracted the leader of the London Times a year and a half earlier, and trying to indicate that I felt I had done my bit for India and did not see myself doing much more. “I know you have, your reputation precedes you, that’s why I thought we should meet”, he said.

 

So we met at a nondescript campus café for some stir-fry. Ted was an excessively handsome Southern Californian straight out of Hollywood central casting, and the most unlikely-looking American economist I have ever met. I am 6’ and I think he was perhaps 5’9” but slimmer and more muscular with long blond hair, bright blue eyes, a fabulous magnetic smile, someone who might easily have been a hero in a TV serial or an afternoon soap-opera.

 

He wasn’t a film-star though but an economist, though not a nerdy one like myself at the time, and he had a tremendous almost evangelical keenness to not merely comprehend the economic policy-making process of so-called developing countries, especially in Asia, but also change them for the better.

 

I was 31, Ted must have been about 34 when we first met for that stir-fry lunch. He did indeed know my 1984 work which was enough to win me over as London and Cambridge, or for that matter Blacksburg and Provo from where I had come, seemed very far away from Manoa at the time. Not only did he know my work, he had already referred to it in the references and index and perhaps the notes of a new book he had co-edited on Asian Development, which was remarkable as lags in publication and research were long.

 

Ted proposed at the lunch that he and I work together on “South Asia”, and that he would get funding from the East West Center. I suggested there was no such place, that “South Asia” was a State Department abstraction, but there were individual and complex countries, India, Pakistan, Sri Lanka, Bangladesh – and Afghanistan and Nepal too…. He agreed. We would start with working together on the theory of economic policy reform as applied to India and Pakistan first…

 

And so it began…

 

Legally speaking the funding came from the State of Hawaii and not the United States Government, from funds owed to the former by the latter.  Of the total budget of some $100,000 I was very miserly and returned 25% of it unspent, an unheard of thing.  Milton Friedman commanded a speaking fee at the time of $10,000, and agreed to our nominal $1,000 for a two-day visit on condition we told no one.:)  A Pakistani author was among several Pakistani scholars who thanked me for putting the volume together, as the first time Pakistan had been taken seriously in American academia; he asked me how much it cost, when I said $35,000 for the Pakistan book, he said the IMF would spend that over a  weekend at Bretton Woods and get nothing ….

 

As described elsewhere, the manuscript of the India-volume contributed to the origins of India’s 1991 economic reform during my encounter with Rajiv Gandhi in his last months; the Pakistan-volume came to contribute to the origins of the Pakistan-India peace process. (“In 2004 from Britain, I wrote to the 9/11 Commission stating that it was possible that had the vicious illegalities against me not occurred at Manoa starting in 1989, we may have gone on after India and Pakistan to study Afghanistan, and come up with a pre-emptive academic analysis a decade before September 11 2001.”)

 

friedman-et-al-at-uh-india-conf-19891

 

 

I came to know from Ted’s wife Tess in June that Ted had died of cancer in Manila on May 19 2010 aged 58.

 

I said to her and her family  that I do not weep for many but do weep for Ted.

(More to come… this will be a technology-consistent ongoing obituary for my friend and collaborator, which he would have found amusing for sure…)…

see also

See also http://independentindian.com/2013/08/23/did-jagdish-bhagwati-originate-pioneer-intellectually-father-indias-1991-economic-reform-did-manmohan-singh-or-did-i-through-my-encounter-with-rajiv-gandhi-just-as-siddhartha-shan/

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

 

From REPORT of THE COURT OF INQUIRY constituted under PUNJAB ACT II OF 1954 to enquire into the PUNJAB DISTURBANCES OF 1953 “Munir Report”

 

“ISLAMIC STATE
It has been repeatedly said before us that implicit in the demand for Pakistan was the demand for an Islamic State. Some speeches of important leaders who were striving for Pakistan undoubtedly lend themselves to this construction. These leaders while referring to an Islamic State or to a State governed by Islamic laws perhaps had in their minds the pattern of a legal structure based on or mixed up with Islamic dogma, personal law, ethics and institutions. No one who has given serious thought to the introduction of a religious State in Pakistan has failed to notice the tremendous difficulties with which any such scheme must be confronted. Even Dr. Muhammad Iqbal, who must be considered to be the first thinker who conceived of the possibility of a consolidated North Western Indian Muslim State, in the course of his presidential address to the Muslim League in 1930 said:

“Nor should the Hindus fear that the creation of autonomous Muslim States will mean the introduction of a kind of religious rule in such States. The principle that each group is entitled to free development on its own lines is not inspired by any feeling of narrow communalism”.

When we come to deal with the question of responsibility we shall have the occasion to point out that the most important of the parties who are now clamouring for the enforcement of the three demands on religious grounds were all against the idea of an Islamic State. Even Maulana Abul Ala Maudoodi of Jama’at-i-Islami was of the view that the form of Government in the new Muslim State, if it ever came into existence, could only be secular.

Before the Partition, the first public picture of Pakistan that the Quaid-i-Azam gave to the world was in the course of an interview in New Delhi with Mr. Doon Campbell, Reuter’s Correspondent. The Quaid-i-Azam said that the new State would be a modern democratic State, with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of their religion, caste or creed. When Pakistan formally appeared on the map, the Quaid-i-Azam in his memorable speech of 11th August 1947 to the Constituent Assembly of Pakistan, while stating the principle on which the new State was to be founded, said:—

 

“All the same, in this division it was impossible to avoid the question of minorities being in one Dominion or the other. Now that was unavoidable. There is no other solution. Now what shall we do? Now, if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and specially of the masses and the poor. If you will work in co-operation, forgetting the past, burying the hatchet, you are bound to succeed. If you change your past and work together in a spirit that every one of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his colour, caste or creed, is first, second and last a citizen of this State with equal rights, privileges and obligations., there will be no end to the progress you will make. “I cannot emphasise it too much. We should begin to work in that spirit and in course of time all these angularities of the majority and minority communities—the Hindu community and the Muslim community— because even as regards Muslims you have Pathana, Punjabis, Shias, Sunnis and so on and among the Hindus you have Brahmins, Vashnavas, Khatris, also Bengalis, Madrasis and so on—will vanish. Indeed if you ask me this has been the biggest hindrance in the way of India to attain its freedom and independence and but for this we would have been free peoples long long ago. No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this (Applause). Therefore, we must learn a lesson from this. You are free; you are free to go to your temples, you are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed— that has nothing to do with the business of the State (Hear, hear). As you know, history shows that in England conditions sometime ago were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State (Loud applause). The people of England in course of time had to face the realities of the situation and had to discharge the responsibilities and burdens placed upon them by the Government of their country and they went through that fire step by step. Today you might say with justice that Roman Catholics and Protestants do not exist: what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the nation. “Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State”.

The Quaid-i-Azam was the founder of Pakistan and the occasion on which he thus spoke was the first landmark in the history of Pakistan. The speech was intended both for his own people including non-Muslims and the world, and its object was to define as clearly as possible the ideal to the attainment of which the new State was to devote all its energies. There are repeated references in this speech to the bitterness of the past and an appeal to forget and change the past and to bury the hatchet. The future subject of the State is to be a citizen with equal rights, privileges and obligations, irrespective of colour, caste, creed or community. The word ‘nation’ is used more than once and religion is stated to have nothing to do with the business of the State and to be merely a matter of personal faith for the individual.

 

We asked the ulama whether this conception of a State was acceptable to them and everyone of them replied in an unhesitating negative, including the Ahrar and erstwhile Congressites with whom before the Partition this conception was almost a part of their faith.

 

If Maulana Amin Ahsan Islahi’s evidence correctly represents the view of Jama’at-i-Islami, a State based on this idea is the creature of the devil, and he is confirmed in this by several writings of his chief, Maulana Abul Ala Maudoodi, the founder of the jama’at. None of the ulama can tolerate a State which is based on nationalism and all that it implies; with them millat and all that it connotes can alone be the determining factor in State activity.

 

The Quaid-i-Azam’s conception of a modern national State, it is alleged, became obsolete with the passing of the Objectives Resolution on 12th March 1949; but it has been freely admitted that this Resolution, though grandiloquent in words, phrases and clauses, is nothing but a hoax and that not only does it not contain even a semblance of the embryo of an Islamic State but its provisions, particularly those relating to fundamental rights, are directly opposed to the principles of an Islamic State.

 

 

FOUNDATIONS OF ISLAMIC STATE

What is then the Islamic State of which everybody talks but nobody thinks? Before we seek to discover an answer to this question, we must have a clear conception of the scope and function of the State.

The ulama were divided in their opinions when they were asked to cite some precedent of an Islamic State in Muslim history. Thus, though Hafiz Kifayat Husain, the Shia divine, held out as his ideal the form of Government during the Holy Prophet’s time, Maulana Daud Ghaznavi also included in his precedent the days of the Islamic Republic, of Umar bin Abdul Aziz, Salah-ud-Din Ayyubi of Damascus, Sultan Mahmud of Ghazni, Muhammad Tughlaq and Aurangzeb and the present regime in Saudi Arabia. Most of them, however, relied on the form of Government during the Islamic Republic from 632 to 661 A. D., a period of less than thirty years, though some of them also added the very short period of Umar bin Abdul Aziz.

Maulana Abdul Haamid Badayuni stated that the details of the ideal State would be worked out by the ulama while Master Taj-ud-Din Ansari’s confused notion of an Islamic State may be gathered from the following portion of his interrogation :—

“Q.—Were you also in the Khilafat movement ?
A.—Yes.
Q.—When did the Khilafat movement stop in India ?
A.—In 1923. This was after the Turks had declared their country to be a secular State.
Q.—If you are told that the Khilafat movement continued long after the Turks had abolished Khilafat, will that be correct?
A.—As far as I remember, the Khilafat movement finished with the abolition of the Khilafat by the Turks.
Q.—You are reported to have been a member of the Khilafat movement and having made speeches. Is it correct ?
A.—It could not be correct.
Q.—Was the Congress interested in Khilafat ?
A.— Yes.
Q.—Was Khilafat with you a matter of religious conviction or just a political movement ?
A.— It was purely a religious movement.
Q.— Did the Khilafat movement have the support of Mr. Gandhi ?
A.—Yes.
Q.— What was the object of the Khilafat movement ?
A.— The Britisher was injuring the Khilafat institution in Turkey and the Musalman was aggrieved by this attitude of the Britisher.
Q.— Was not the object of the movement to resuscitate the Khilafat among the    Musalmans ?
A.—No.
Q.— Is Khilafat with you a necessary part of Muslim form of Government ?
A.—Yes.
Q.— Are you, therefore, in favour of having a Khilafat in Pakistan ?
A.—Yes.
Q.— Can there be more than one Khalifa of the Muslims ?
A.— No.
Q.— Will the Khalifa of Pakistan be the Khalifa of all the Muslims of the world ?
A.— He should be but cannot be.”

Throughout the three thousand years over which political thought extends, and such thought in its early stages cannot be separated from religion, two questions have invariably presented themselves for consideration : —

(1) what are the precise functions of the State ? and
(2) who shall control the State ?

If the true scope of the activities of the State is the welfare, temporal or spiritual or both of the individual, then the first question directly gives rise to the bigger question:

What is the object of human life and the ultimate destiny of man ? On this, widely divergent views have prevailed, not at different times but at one and the same time. The pygmies of equatorial West Africa still believe that their God Komba has sent them into the forest to hunt and dance and sing. The Epicureans meant very much the same when they said that the object of human life is to drink and eat and be merry, for death denies such pleasures. The utilitarians base their institutions on the assumption that the object of human life is to experience pleasant sensations of mind and body, irrespective of what is to come hereafter. The Stoics believed in curbing and reducing all physical desires, and Diogenes found a tub good enough to live in. German philosophers think that the individual lives for the State and that therefore the object of life is service of the State in all that it might decide to undertake and achieve. Ancient Hindu philosophers believed in the logic of the fist with its natural consequence, the law of natural selection and the struggle for survival. The Semitic theory of State, whether Jewish, Christian or Islamic, has always held that the object of human life is to prepare ourselves for the next life and that, therefore, prayer and good works are the only object of life. Greek philosophers beginning with Socrates thought that the object of human life was to engage in philosophical meditation with a view to discovering the great truths that lie in nature and that the business of the others is to feed the philosophers engaged in that undertaking.

Islam emphasises the doctrine that life in this world is not the only life given to man but that eternal life begins after the present existence comes to an end, and that the status of a human being in the next world will depend upon his beliefs and actions in this world. As the present life is not an end in itself but merely a means to an end, not only the individual but also the State, as opposed to the secular theory which bases all political and economic institutions on a disregard of their consequences on the next life, should strive for human conduct which ensures for a person better status in the next world.

According to this theory Islam is the religion which seeks to attain that object. Therefore the question immediately arises : What is Islam and who is a momin or a Muslim ? We put this question to the ulama and we shall presently refer to their answers to this question. But we cannot refrain from saying here that it was a matter of infinite regret to us that the ulama whose first duty should be to have settled views on this subject, were hopelessly disagreed among themselves.

Apart from how these learned divines have expressed themselves, we conceive of Islam as a system that covers, as every systematic religion must, the following five topics :—
(1) the dogma, namely, the essentials of belief ;
(2) the cult, namely, religious rites and observances which a person must
perform ;
(3) ethics, i. e. rules of moral conduct ;
(4) institutions, social, economic and political ; and
(5) law proper.

The essential basis of the rules on all these subjects is revelation and not reason, though both may coincide. This coincidence, however, is accidental because human reasoning may be faulty and ultimate reason is known only to God, Who sends His message to humanity through His chosen messengers for the direction and guidance of the people. One must, therefore, accept the dogma, observe the cult, follow the ethics, obey the law and establish institutions which God has revealed, though their reason may not be apparent—nay even if they be opposed to human reason. Since an error by God is an impossibility, anything that God has revealed, whether its subject be something occult or preternatural, history, finance, law, worship or something which according to human thought admits of scientific treatment as for instance, birth of man, evolution, cosmology, or astronomy, has got to be accepted as absolute truth. The test of reason is not the acid
test and a denial of this amounts to a denial of the supreme wisdom and designs of Allah—it is kufr. Now God has revealed Himself from time to time to His favoured people of whom our Holy Prophet was the last. That revelation is contained in the Qur’an and covers the five topics mentioned above. The true business of a person who believes in Islam is therefore to understand, believe in and act upon that revelation. The people whom God chooses as medium for the transmission of His messages are rasuls (messengers) or nabis (prophets). Since every action or saying of a prophet is, in the case of our own Holy Prophet it certainly was, prompted by Allah, it has the same degree of inerrancy as the formal revelation itself, because prophets are ma’sum, incapable of doing or saying something which is opposed to Divine wishes. These sayings and actions are sunna having the same infallibility as the Qur’an. The record of this sunna is hadith which is to be found in several books which were compiled by Muslim scholars after long, laborious and careful research extending over several generations.

The word hadith means a record of actions or sayings of the Prophet and his companions. At first the sahaba. i. e. people who had lived in the society of the Prophet, were the best authority for a knowledge of the sunna. Later people had to be content with the communications of the tabi’un, i. e. successors, people of the first generation after the Holy Prophet who had received their information from the sahaba, and then in the following generations with the accounts of the so-called successors of the successors (tabi’ul-tabi’un), i.e. people of the second generation after the Holy Prophet, who had concerted with the successors. Marfu’ is a tradition which contains a statement about the Prophet ; mawquf, a tradition that refers only to the sayings or doings of the sahaba ; and maqtu’ a tradition which does not at most go further back than the first generation after the Holy Prophet and deals only with sayings or doings of tabi’un. In some of the ahadith
the actual word of God is to be found. Any such tradition is designated Hadith-i-Qudsi or Ilahi as distinguished from an ordinary Hadith-i-Nabvi.

A very large portion of sayings ascribed to the Prophet deals with the ahkam (legal professions), religious obligations, halal and haram (what is allowed and forbidden), with ritual purity, laws regarding food and criminal and civil law. Further they deal with dogma, retribution at the Last Judgment, hell and paradise, angels, creation, revelations, the earlier prophets. Many traditions also contain edifying sayings and moral teachings by the Holy Prophet. The importance of ahadith was realised from the very beginning and they were not only committed to memory but in some cases were reduced to writing. The work of compilation of hadith began in the third century after the Hijra and the Sihah Sitta were all compiled in that century. These are the musannifs of —
(1) Al-Bukhari, died 256/870,
(2) Muslim, died 261/875,
(3) Abu Dawud, died 275/888,
(4) Al-Tirmizi, died 279/892,
(5) All Nasa’i, died 303/915, and
(6) Ibn-i-Maja, died 273/886.

According to modern laws of evidence, including our own, the ahadith are inadmissible evidence of sunna because each of them contains several links of hearsay, but as authority on law they are admissible pro prio vigore. The merit of these collections lies not so much in the fact that (as is often wrongly stated) their authors decided for the first time which of the numerous traditions in circulation were genuine and which false but rather in the fact that they brought together everything that was recognised as genuine in orthodox circles in those days.

The Shias judge hadith from their own stand-point and only consider such traditions reliable as are based on the authority of Ali and his adherents. They have, therefore, their own works on the subject and hold the following five works in particularly high esteem—
(1) Al-Kafi of Muhammad b. Yaqub Al-Kulini, died 328/939,
(2) Man La Yastahdiruhu’ul-Fakih of Muhammad b. Ali b. Babuya Al-Kummi,
died 381/991,
(3) Tahdib Al-Ahkam,
(4) Al-Istibsar Fi-Ma’khtalafa Fihi’l-Akhbar (extract from the preceding) of
Muhammad Altusi, died 459/1067, and
(5) Nahj Al-Balagha (alleged sayings of Ali) of Ali b. Tahir Al-Sharif Al-
Murtaza, died 436/1044 (or of his brother Radi Al-Din Al-Baghdadi.)

After the ritual, the dogma and the most important political and social institutions had taken definite shape in the second and third centuries, there arose a certain communis opinio regarding the reliability of most transmitters of tradition and the value of their statement. The main principles of doctrine had already been established in the writings of Malik b. Anas, Al-Shafi’i and other scholars regarded as authoritative in different circles and mainly on the authority of traditional sayings of the Holy Prophet. In the long run no one dared to doubt the truth of these traditions and this almost conclusive presumption of truth has since continued to be attached to the ahadith compiled in the Sihah Sitta.

We have so far arrived at this result that any rule on any subject that may be derived from the Qur’an or the sunna of the Holy Prophet is binding on every Musalman. But since the only evidence of sunna is the hadith, the words sunna and hadith have become mixed up with, and indistinguishable from, each other with the result that the expression Qur’an and hadith is not infrequently employed where the intention is to refer to Qur’an and sunna.

At this stage another principle, equally basic, comes into operation, and that is that Islam is the final religion revealed by God, complete and exhaustive in all respects, and that God will not abrogate, detract from or add to this religion (din) any more than He will send a fresh messenger. The din having been perfected (Akmalto lakum dinokum, Sura V, verse 3), there remains no need for any new code repealing, modifying or amplifying the original code; nor for any fresh messenger or message. In this sense, therefore, prophethood ceased with the Holy Prophet and revelation stopped for ever. This is the doctrine of the cessation of wahi-i-nubuwwat.

If the proposition that Muslim dogma, ethics and institutions, etc., are all based on the doctrine of inerrancy, whether such inerrancy lies in the Qur’an, the sunna, ijma’ or ijtihad-i-mutlaq, is fully comprehended, the various deductions that follow from it will be easily understandable. As the ultimate test of truth, whether the matter be one of a ritual or political or social or economic nature, is revelation and revelation has to be gathered from the Qur’an, and the sunna carries almost the same degree of inerrancy as revelation and the only evidence of sunna is hadith, the first duty of those who desire to establish an Islamic State will be to discover the precise rule applicable to the existing circumstances whether that rule is to be found in the Qur’an or hadith. Obviously the persons most suited for the purpose would be those who have made the Qur’an and hadith their lifelong study, namely, among the Sunnies, the ulama, and among the Shias, the mujtahids who are the spokesmen of the hidden Imam, the ruler de jure divino. The function of
these divines would be to engage themselves in discovering rules applicable to particular situations and they will be engaged in a task similar to that in which Greek philosophers were engaged, with only this difference that whereas the latter thought that all truth lay in nature which had merely to be discovered by individual effort, the ulama and the mujtahids will have to get at the truth that lies in the holy Book and the books of hadith.

The ulama Board which was recommended by the Basic Principles Committee was a logical recognition of this principle, and the true objection against that Board should indeed have been that the Board was too inadequate a mechanism to implement the principle which had brought that body into existence.

Ijma’ means concurrence of the mujtahids of the people, i.e., of those who have a right, in virtue of knowledge, to form a judgment of their own, after the death of the Holy Prophet. The authority of ijma’ rests on the principle of a divine protection against error and is founded on a basal tradition of the Holy Prophet, “My people will never agree in error”, reported in Ibn Maja, By this procedure points which had been in dispute were fixed, and when fixed, they became an essential part of the faith and disbelief in them an act of unbelief (kufr). The essential point to remember about ijma’ is that it represents the agreement of the mujtahids and that the agreement of the masses is especially excluded.

Thus ijma’ has not only fixed unsettled points but has changed settled doctrines of the greatest importance.

The distinction between ijma’ and ijtihad is that whereas the former is collective, the latter is individual. Ijtihad means the exerting of one’s self to the utmost degree to form an opinion in a case or as to a rule of law. This is done by applying analogy to the Qur’an and the sunna. Ijtihad did not originally involve inerrancy, its result being always zann or fallible opinion. Only combined ijtihad led to ijma, and was inerrant. But this broad ijtihad soon passed into special ijtihad of those who had a peculiar right to form judgments. When later doctors looked back to the founding of the four legal schools, they assigned to their founders an ijtihad of the first rank (ijtihad-i-mutlaq). But from time to time individuals appeared who returned to the earliest meaning of ijtihad and claimed for themselves the right to form their own opinion from first principles. One of these was the Hanbalite Ibn Taimiya (died 728). Another was Suyuti (died 911) in whom the claim to ijtihad unites with one to be the mujaddid or renewer of religion in his century. At every time there must exist at least one mujtahid, was his contention, just as in every century there must come a mujaddid.

In Shia Islam there are still absolute mujtahids because they are regarded as the spokesmen of the hidden Imam. Thus collective ijtihad leads to ijma’, and the basis of ijma’ is divine protection against error—inerrancy.

ESSENTIALS OF ISLAMIC STATE
Since the basis of Islamic law is the principle of inerrancy of revelation and of the Holy Prophet, the law to be found in the Qur’an and the sunna is above all man-made laws, and in case of conflict between the two, the latter, irrespective of its nature, must yield to the former. Thus, provided there be a rule in the Qur’an or the sunna on a matter which according to our conceptions falls within the region of Constitutional Law or International Law, the rule must be given effect to unless that rule itself permits a departure from it. Thus no distinction exists in Islamic law between Constitutional Law and other law, the whole law to be found in the Qur’an and the sunna being a part of the law of the land for Muslim subjects of the State. Similarly if there be a rule in the Qur’an or the sunna relating to the State’s relations with other States or to the relations of Muslim subjects of the State with other States or the subjects of those States, the rule will have the same superiority of sanction as any other law to be found in the Qur’an or the
sunna.

Therefore if Pakistan is or is intended to be converted into an Islamic State in the
true sense of the word, its Constitution must contain the following five provisions:—

(1) that all laws to be found in the Qur’an or the sunna shall be deemed to be a
part of the law of the land for Muslims and shall be enforced accordingly;
(2) that unless the Constitution itself is framed by ijma’-i-ummat, namely, by the
agreement of the ulama and mujtahids of acknowledged status, any
provision in the Constitution which is repugnant to the Qur’an or sunna
shall to the extent of the repugnancy be void;
(3) that unless the existing laws of Pakistan are adapted by ijma’-i-ummat of the
kind mentioned above, any provision in the existing law which is contrary
to the Qur’an or sunna shall to the extent of the repugnancy be void;
(4) that any provision in any future law which is repugnant to Qur’an or sunna
shall be void;
(5) that no rule of International Law and no provision in any convention or treaty
to which Pakistan is a party, which is contrary to the Qur’an or the sunna
shall be binding on any Muslim in Pakistan.

 

 

SOVEREIGNTY AND DEMOCRACY IN ISLAMIC STATE
That the form of Government in Pakistan, if that form is to comply with the principles of Islam, will not be democratic is conceded by the ulama. We have already explained the doctrine of sovereignty of the Qur’an and the sunna. The Objectives Resolution rightly recognised this position when it recited that all sovereignty rests with God Almighty alone. But the authors of that Resolution misused the words ‘sovereign’ and ‘democracy’ when they recited that the Constitution to be framed was for a sovereign State in which principles of democracy as enunciated by Islam shall be fully observed.

It may be that in the context in which they were used, these words could not be misunderstood by those who are well versed in Islamic principles, but both these words were borrowed from western political philosophy and in that sense they were both wrongly used in the Resolution. When it is said that a country is sovereign, the implication is that its people or any other group of persons in it are entitled to conduct the affairs of that country in any way they like and untrammelled by any considerations except those of expediency and policy. An Islamic State, however, cannot in this sense be sovereign, because it will not be competent to abrogate, repeal or do away with any law in the Qur’an or the sunna. Absolute restriction on the legislative power of a State is a restriction on the sovereignty of the people of that State and if the origin of this restriction lies elsewhere than in the will of the people, then to the extent of that restriction the sovereignty of the State and its people is necessarily taken away. In an Islamic State, sovereignty, in its essentially juristic sense, can only rest with Allah. In the same way, democracy means the rule of the demos, namely, the people, directly by them as in ancient Greece and Rome, or indirectly through chosen representatives as in modern democracies. If the power of the people in the framing of the Constitution or in the framing of the laws or in the sphere of executive action is subject to certain immutable rules, it cannot be said that they can pass any law that they like, or, in the exercise of executive functions, do whatever they like. Indeed if the legislature in an Islamic State is a sort of ijma’, the masses are expressly disqualified from taking part in it because ijma’-i-ummat in Islamic jurisprudence is restricted to ulama and mujtahids of acknowledged status and does not at all extend, as in democracy, to the populace.

 

 

OTHER INCIDENTS OF ISLAMIC STATE ACCORDING TO ULAMA

In the preceding pages we have attempted to state as clearly as we could the principles on which a religious State must be built if it is to be called an Islamic State. We now proceed to state some incidents of such State, with particular reference to the ulamas’ conception of it.

 

 

LEGISLATURE AND LEGISLATION

Legislature in its present sense is unknown to the Islamic system. The religiopolitical system which is called din-i-Islam is a complete system which contains in itself the mechanism for discovering and applying law to any situation that may arise. During the Islamic Republic there was no legislature in its modern sense and for every situation or emergency that arose law could be discovered and applied by the ulama. The law had been made and was not to be made, the only function of those entrusted with the administration of law being to discover the law for the purposes of the particular case, though when enunciated and applied it formed a precedent for others to follow. It is wholly incorrect, as has been suggested from certain quarters, that in a country like Pakistan, which consists of different communities, Muslim and non-Muslim, and where representation is allowed to non-Muslims with a right to vote on every subject that comes up, the legislature is a form of ijma’ or ijtihad, the reason being that ijtihad is not collective but only individual, and though ijma’ is collective, there is no place in it for those who are not experts in the knowledge of the law. This principle at once rules out the infidels (kuffar) whether they be people of Scriptures (ahl-i-kitab) or idolators (mushrikeen).

Since Islam is a perfect religion containing laws, express or derivable by ijma’ or ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation.

Questioned on this point Maulana Abul Hasanat, President, Jami’at-ul-Ulama-i-Pakistan says :—

“Q.—Is the institution of legislature as distinguished from the institution of a
person or body of persons entrusted with the interpretation of law, an
integral part of an Islamic State?
A.—No. Our law is complete and merely requires interpretation by those who are
experts in it. According to my belief no question can arise the law relating
to which cannot be discovered from the Qur’an or the hadith.
Q.—Who were Sahib-ul-hall-i-wal-aqd
A.—They were the distinguished ulama of the time. These persons attained their
status by reason of the knowledge of the law. They were not in any way
analogous or similar to the legislature in modern democracy.”

The same view was expressed by Amir-i-Shari’at Sayyad Ata Ullah Shah Bukhari
in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to kufr to make more laws.

Maulana Abul Ala Maudoodi, however, is of the opinion that legislation in the true sense is possible in an Islamic State on matters which are not covered by the Qur’an, the sunna, or previous ijma’ and he has attempted to explain his point by reference to the institution of a body of persons whom the Holy Prophet, and after him the khulafa consulted on all matters relating to affairs of State. The question is one of some difficulty and great importance because any institution of legislature will have to be reconciled with the claim put forward by Maulana Abul Hasanat and some other religious divines that Islam is a perfect and exhaustive code wide enough to furnish an answer to any question that may arise relating to any human activity, and that it does not know of any “unoccupied field” to be filled by fresh legislation. There is no doubt that Islam enjoins consultation and that not only the Holy Prophet but also the first four caliphs and even their successors resorted to consultation with the leading men of the time, who for their knowledge of the law and piety could well be relied upon.

In the inquiry not much has been disclosed about the Majlis-i-Shura except what is contained in Maulana Abul Ala Maudoodi’s written statement which he supplied to the Court at its request. That there was a body of men who were consulted is true, but whether this was a standing body and whether its advice had any legal or binding force, seems somewhat doubtful. These men were certainly not elected in the modern way, though their representative character cannot be disputed. Their advice was certainly asked ad hoc, but that they were competent to make law as the modern legislatures make laws is certainly not correct. The decisions taken by them undoubtedly served as precedents and were in the nature of ijma’, which is not legislation but the application of an existing law to a particular case. When consulted in affairs of State, their functions were truly in the nature of an advice given by a modern cabinet but such advice is not law but only a decision.

Nor can the legislature in a modern State correspond to ijma’ because as we have already pointed out, the legislature legislates while the ulama of Majlis-i-Shura who were called upon to determine what should be the decision on a particular point which was not covered by the Qur’an and the sunna, merely sought to discover and apply the law and not to promulgate the law, though the decision when taken had to be taken not only for the purposes of the particular case but for subsequent occasions as a binding precedent.

An intriguing situation might arise if the Constitution Act provided that any provision of it, if it was inconsistent with the Qur’an or the sunna, would be void, and the intra vires of a law made by the legislature were questioned before the Supreme Court on the ground that the institution of legislature itself was contrary to the Qur’an and the sunna.

POSITION OF NON-MUSLIMS

The ground on which the removal of Chaudhri Zafrullah Khan and other Ahmadis occupying key positions in the State is demanded is that the Ahmadis are non-Muslims and that therefore like zimmies in an Islamic State they are not eligible for appointment to higher offices in the State. This aspect of the demands has directly raised a question about the position of non-Muslims in Pakistan if we are to have an Islamic Constitution.

According to the leading ulama the position of non-Muslims in the Islamic State of Pakistan will be that of zimmies and they will not be full citizens of Pakistan because they will not have the same rights as Muslims They will have no voice in the making of the law, no right to administer the law and no right to hold public offices.

A full statement of this position will be found in the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, Maulana Ahmad Ali, Mian Tufail Muhammad and Maulana Abdul Haamid Badayuni. Maulana Abul Hasanat on being questioned on the subject stated as follows :—

“Q.—If we were to have an Islamic State in Pakistan, what will be the position of the kuffar (non-Muslims)? Will they have a voice in the making of laws, the right of administering the law and the right to hold public offices?
A.—Their position will be that of zimmies. They will have no voice in the making of laws, no right to administer the law and no right to hold public offices.
Q.—In an Islamic State can the head of the State delegate any part of his powers to kuffar?
A.—No.”

Maulana Ahmad Ali, when questioned, said:—
“Q.—if we were to have an Islamic State in Pakistan, what will be the position of the kuffar? Will they have a hand in the making of the law, the right to administer the law and the right to hold public offices ?
A.—Their position will be that of zimmies. They will have no say in the making of law and no right to administer the law. Government may, however, permit them to hold any public office”.

Mian Tufail Muhammad stated as follows :—
“Q.—Read the article on minorities’ rights in the ‘Civil and Military Gazette’ of 13th October, 1953, and say whether it correctly represents your view of an Islamic State? (It was stated in the articles that minorities would have the same rights as Muslims).
A.—I have read this article and do not acknowledge these rights for the Christians or other non-Muslims in Pakistan if the State is founded on the ideology of the Jama’at”.

The confusion on this point in the mind of Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan, is apparent from the following: —

“Q.—Have you ever read the aforesaid speech (the speech of the Quaid-i-Azam to the Constituent Assembly of Pakistan on 11th August, 1947)?
A.—Yes, I have read that speech.
Q.—Do you still agree with the conception of Pakistan that the Quaid-i-Azam presented to the Constituent Assembly in this speech in which he said that thereafter there would be only one Pakistan nation, consisting of Muslims and non-Muslims, having equal civic rights, without any distinction of race, religion or creed and that religion would be merely a private affair of the individual ?
A.—I accept the principle that all communities, whether Muslims or non-Muslims, should have, according to their population, proper representation in the administration of the State and legislation, except that non-Muslims cannot be taken in the army or the judiciary or be appointed as Ministers or to other posts involving the reposing of confidence.
Q.—Are you suggesting that the position of non-Muslims would be that of zimmies or any better ?
A.—No. By zimmies are meant non-Muslim people of lands which have been conquered by an Islamic State, and the word is not applicable to non-Muslim minorities already living in an Islamic State. Such minorities are called mu’ahids, i.e. those people with whom some agreement has been made.
Q.—What will be their status if there is no agreement with them ?
A.—In that case such communities cannot have any rights of citizenship.
Q.—Will the non-Muslim communities inhabiting Pakistan be called by you as mu’ahids?
A.—No, not in the absence of an agreement with them. To my knowledge there is no such agreement with such communities in Pakistan.”

So, according to the evidence of this learned divine, the non-Muslims of Pakistan will neither be citizens nor will they have the status of zimmies or of mu’ahids. During the Islamic Republic, the head of the State, the khalifa, was chosen by a system of election, which was wholly different from the present system of election based on adult or any other form of popular suffrage. The oath of allegiance (ba’it) rendered to him possessed a sacramental virtue, and on his being chosen by the consensus of the people (ijma’-ul-ummat) he became the source of all channels of legitimate Government. He and he alone then was competent to rule, though he could delegate his powers to deputies and collect around him a body of men of outstanding piety and learning, called Majlis-i-Shura or Ahl-ul-Hall-i-wal-Aqd. The principal feature of this system was that the kuffar, for reasons which are too obvious and need not be stated, could not be admitted to this majlis and the power which had vested in the khalifa could not be delegated to the kuffar. The khalifa was the real head of the State, all power vesting in him and not a powerless individual like the President of a modern democratic State who is merely to sign the record of decisions taken by the Prime Minister and his Cabinet. He could not appoint non-Muslims to important posts, and could give them no place either in the interpretation or the administration of the law, the making of the law by them, as already pointed out, being a legal impossibility.

This being the position, the State will have to devise some machinery by which the distinction between a Muslim and a non-Muslim may be determined and its consequences enforced. The question, therefore, whether a person is or is not a Muslim will be of fundamental importance, and it was for this reason that we asked most of the leading ulama, to give their definition of a Muslim, the point being that if the ulama of the various sects believed the Ahmadis to be kafirs, they must have been quite clear in their minds not only about the grounds of such belief but also about the definition of a Muslim because the claim that a certain person or community is not within the pale of Islam implies on the part of the claimant an exact conception of what a Muslim is. The result of this part of the inquiry, however, has been anything but satisfactory, and if considerable confusion exists in the minds of our ulama on such a simple matter, one can easily imagine what the differences on more complicated matters will be. Below we reproduce the definition of a Muslim given by each alim in his own words. This definition was asked after it had been clearly explained to each witness that he was required to give the irreducible minimum conditions which, a person must satisfy to be entitled to be called a Muslim and that the definition was to be on the principle on which a term in grammar is defined.

Here is the result : —

Maulana Abul Hasanat Muhammad Ahmad Qadri, President, Jami’at-ul-Ulamai-
Pakistan —
“Q.— What is the definition of a Muslim ?
A — (1) He must believe in the Unity of God.
(2) He must believe in the prophet of Islam to be a true prophet as well as in all other prophets who have preceded him,
(3) He must believe in the Holy Prophet of Islam as the last of the prophets (khatam-un-nabiyin).
(4) He must believe in the Qur’an as it was revealed by God to the Holy
Prophet of Islam.
(5) He must believe as binding on him the injunctions of the Prophet of
Islam.
(6) He must believe in the qiyamat.
Q.—Is a tarik-us-salat a Muslim ?
A.—Yes, but not a munkir-us-salat”

Maulana Ahmad Ali, President, Jami’at-ul-Ulama-i-Islam, Maghribi Pakistan —
“Q.— Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in the Qur’an and (2) what has been said by the prophet. Any person who possesses these two qualifications is entitled to be called a Muslim without his being required to believe in anything more or to do anything more.”

Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami —
“Q.—Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in tauheed, (2) in all the prophets (ambiya), (3) all the books revealed by God, (4) in mala’ika (angels), and (5) yaum-ul-akhira (the Day of Judgment).
Q.—Is a mere profession of belief in these articles sufficient to entitle a man
to call himself a Musalman and to be treated as a Musalman in an Islamic State ?
A.—Yes.
Q.—If a person says that he believes in all these things, does any one have a right to question the existence of his belief ?
A.—The five requisites that I have mentioned above are fundamental and any alteration in anyone of these articles will take him out of the pale of Islam.”

Ghazi Siraj-ud-Din Munir—
“Q.—Please define a Muslim ?
A.—I consider a man to be a Muslim if he professes his belief in the kalima, namely, La Ilaha Illalah-o-Muhammad-ur-Rasulullah, and leads a life in the footsteps of the Holy Prophet.”

Mufti Muhammad Idris, Jamia Ashrafia, Nila Gumbad, Lahore—
“Q.—Please give the definition of a Musalman ?
A.—The word ‘Musalman’ is a Persian one. There is a distinction between the word ‘Musalman’ which is a Persian word for Muslim and the word ‘momin’. It is impossible for me to give a complete definition of the word ‘momin’. I would require pages and pages to describe what a momin is. A person is a Muslim who professes to be obedient to Allah. He should believe in the Unity of God, prophethood of the ambiya and in the Day of Judgment. A person who does not believe in the azan or in the qurbani goes outside the pale of Islam. Similarly, there are a large number of other things which have been received by tavatir from our prophet. In order to be a Muslim, he must believe in all these things. It is almost impossible for me to give a complete list of such things.”

Hafiz Kifayat Hussain, Idara-i-Haquq-i-Tahaffuz-i-Shia—
“Q.—Who is a Musalman?
A.—A person is entitled to be called a Musalman if he believes in (1) tauheed, (2) nubuwwat and (3) qiyamat. These are the three fundamental beliefs which a person must profess to be called a Musalman. In regard to these three basic doctrines there is no difference between the Shias and the Sunnies. Besides the belief in these three doctrines, there are other things called ‘zarooriyat-i-din’ which a person must comply with in order to be entitled to be called a Musalman. These will take me two days to define and enumerate. But as an illustration I might state that the respect for the Holy Book, wajoob-i-nimaz, wajoob-i-roza, wajoob-i-hajj-ma’a-sharait, and other things too numerous to mention, are among the ‘zarooriyat-i-din’ ”

Maulana Abdul Hamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan :
“Q.—Who is a Musalman according to you ?
A.—A person who believes in the zarooriyat-i-din is called a momin and every momin is entitled to be called a Musalman.
Q.—What are these zarooriyat-i-din ?
A.—A person who believes in the five pillars of Islam and who believes in the rasalat of our Holy Prophet fulfils the zarooriyat-i-din.
Q.—Have other actions, apart from the five arakan, anything to do with a man being a Muslim or being outside the pale of Islam?
(Note—Witness has been explained that by actions are meant those rules of moral conduct which in modern society are accepted as correct.)
A.—Certainly.
Q.—Then you will not call a person a Muslim who believes in arakan-ikhamsa and the rasalat of the prophet but who steals other peoples’ things, embezzles property entrusted to him, has an evil eye on his neighbour’s wife and is guilty of the grossest ingratitude to his benefector?
A.—Such a person, if he has the belief already indicated, will be a Muslim despite all this”.

Maulana Muhammad Ali Kandhalvi, Darush-Shahabia, Sialkot —
“Q.—Please define a Musalman?
A.—A person who in obedience to the commands of the prophet performs all the zarooriyat-i-din is a Musalman.
Q.—Can you define zarooriyat-i-din ?
A.—Zarooriyat-i-din are those requirements which are known to every Muslim irrespective of his religious knowledge.
Q.—Can you enumerate zarooriyat-i-din ?
A.—These are too numerous to be mentioned. I myself cannot enumerate these zarooriyat. Some of the zarooriyat-i-din may be mentioned as salat, saum, etc.”

Maulana Amin Ahsan Islahi —
“Q.—Who is a Musalman?
A.—There are two kinds of Musalmans, a political (siyasi) Musalman and a real (haqiqi) Musalman. In order to be called a political Musalman, a person must:
(1) believe in the Unity of God,
(2) believe in our Holy Prophet being khatam-un-nabiyin, i.e., ‘final
authority’ in all matters relating to the life of that person,
(3) believe that all good and evil comes from Allah,
(4) believe in the Day of Judgment,
(5) believe in the Qur’an to be the last book revealed by Allah,
(6) perform the annual pilgrimage to Mecca,
(7) pay the zaka’at,
(8) say his prayers like the Musalmans,
(9) observe all apparent rules of Islami mu’ashira, and
(10) observe the fast (saum).

If a person satisfies all these conditions he is entitled to the rights of a full citizen of an Islamic State. If any one of these conditions is not satisfied, the person concerned will not be a political Musalman. (Again said) It would be enough for a person to be a Musalman if he merely professes his belief in these ten matters irrespective of whether he puts them into practice or not. In order to be a real Musalman, a person must believe in and act on all the injunctions by Allah and his prophet in the manner in which they have been enjoined upon him.
Q.—Will you say that only the real Musalman is ‘mard-i-saleh’ ?
A.—Yes.
Q.—do we understand you aright that in the case of what you have called a political (siyasi) Musalman, belief alone is necessary, while in the case of a haqiqi Musalman there must not only be belief but also action?
A.—No, you have not understood me aright. Even in the case of a political (siyasi) Musalman action is necessary but what I mean to say is that if a person does not act upon the belief that is necessary in the case of such a Musalman, he will not be outside the pale of a political (siyasi) Musalman.
Q.—If a political (siyasi) Musalman does not believe in things which you
have stated to be necessary, will you call such a person be-din ?
A.—No, I will call him merely be-amal”.

The definition by the Sadr Anjuman Ahmadiya, Rabwah, in its written statement
is that a Muslim is a person who belongs to the ummat of the Holy Prophet and professes belief in kalima-i-tayyaba.

Keeping in view the several definitions given by the ulama, need we make any comment except that no two learned divines are agreed on this fundamental. If we attempt our own definition as each learned divine has done and that definition differs from that given by all others, we unanimously go out of the fold of Islam. And if we adopt the definition given by any one of the ulama, we remain Muslims according to the view of that alim but kafirs according to the definition of every one else.

APOSTASY

Apostasy in an Islamic State is punishable with death. On this the ulama are practically unanimous (vide the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan, Punjab; Maulana Ahmad Ali, Sadr Jami’at-ul-Ulama-i-Islam, West Pakistan; Maulana Abul Ala Maudoodi, founder and ex-Amir-i-Jama’at-i-Islami, Pakistan; Mufti Muhammad Idris, Jami’Ashrafia, Lahore, and Member, Jami’at-ul-Ulama-i-Pakistan; Maulana Daud Ghaznavi, President, Jami’at-i-Ahl-i-Hadith, Maghribi Pakistan; Maulana Abdul Haleem Qasimi, Jami’at-ul-Ulama-i-Islam, Punjab; and Mr. Ibrahim Ali Chishti). According to this doctrine, Chaudhri Zafrullah Khan, if he has not inherited his present religious beliefs but has voluntarily elected to be an Ahmadi, must be put to death. And the same fate should befall Deobandis and Wahabis, including Maulana Muhammad Shafi Deobandi, Member, Board of Talimat-i-Islami attached to the Constituent Assembly of Pakistan, and Maulana Daud Ghaznavi, if Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri or Mirza Raza Ahmad Khan Barelvi, or any one of the numerous ulama who are shown perched on every leaf of a beautiful tree in the fatwa, Ex. D. E. 14, were the head of such Islamic State. And if Maulana Muhammad Shafi Deobandi were the head of the State, he would exclude those who have pronounced Deobandis as kafirs from the pale of Islam and inflict on them the death penalty if they come within the definition of murtadd, namely, if they have changed and not inherited their religious views.

The genuineness of the fatwa, Ex. D. E. 13, by the Deobandis which says that Asna Ashari Shias are kafirs and murtadds, was questioned in the course of enquiry, but Maulana Muhammad Shafi made an inquiry on the subject from Deoband, and received from the records of that institution the copy of a fatwa signed by all the teachers of the Darul Uloom including Maulana Muhammad Shafi himself which is to the effect that those who do not believe in the sahabiyyat of Hazrat Siddiq Akbar and who are qazif of Hazrat Aisha Siddiqa and have been guilty of tehrif of Qur’an are kafirs. This opinion is also supported by Mr. Ibrahim Ali Chishti who has studied and knows his subject. He thinks the Shias are kafirs because they believe that Hazrat Ali shared the prophethood with our Holy Prophet. He refused to answer the question whether a person who being a Sunni changes his view and agrees with the Shia view would be guilty of irtidad so as to deserve the death penalty. According to the Shias all Sunnis are kafirs, and Ahl-i-Qur’an; namely, persons who consider hadith to be unreliable and therefore not binding, are unanimously kafirs and so are all independent thinkers. The net result of all this is that neither Shias nor Sunnis nor Deobandis nor Ahl-i-Hadith nor Barelvis are Muslims and any change from one view to the other must be accompanied in an Islamic State with the penalty of death if the Government of the State is in the hands of the party which considers the other party to be kafirs. And it does not require much imagination to judge of the consequences of this doctrine when it is remembered that no two ulama have agreed before us as to the definition of a Muslim. If the constituents of each of the definitions given by the ulama are given effect to, and subjected to the rule of ‘combination and permutation’ and the form of charge in the Inquisition’s sentence on Galileo is adopted mutatis mutandis as a model, the grounds on which a person may be indicted for apostasy will be too numerous to count.

In an earlier part of the report we have referred to the proscription of the ‘Ashshahab’, a pamphlet written by Maulana Shabbir Ahmad Usmani who later became Sheikh-ul-Islam-i-Pakistan. In that pamphlet the Maulana had attempted to show from the Qur’an, the sunna, the ijma’ and qayas that in Islam the punishment for apostasy (irtidad) simpliciter is death. After propounding the theological doctrine the Maulana had made in that document a statement of fact that in the time of the Caliph Siddiq-i-Akbar and the subsequent Caliphs vast areas of Arabia became repeatedly red with the blood of apostates. We are not called upon to express any opinion as to the correctness or otherwise of this doctrine but knowing that the suggestion to the Punjab Government to proscribe this pamphlet had come from the Minister for the Interior we have attempted to inquire of ourselves the reasons for Government’s taking a step which ex hypothesi amounted to condemning a doctrine which the Maulana had professed to derive from the Qur’an and the sunna. The death penalty for irtidad has implications of a far-reaching character and stamps Islam as a religion of fanatics, which punishes all independent thinking. The Qur’an again and again lays emphasis on reason and thought, advises toleration and preaches against compulsion in religious matters but the doctrine of irtidad as enunciated in this pamphlet strikes at the very root of independent thinking when it propounds the view that anyone who, being born a Muslim or having embraced Islam, attempts to think on the subject of religion with a view, if he comes to that conclusion, to choose for himself any religion he likes, has the capital penalty in store for him. With this implication Islam becomes an embodiment of complete intellectual paralysis. And the statement in the pamphlet that vast areas of Arabia were repeatedly bespattered with human blood, if true, could only lend itself to this inference that even when Islam was at the height of its splendour and held absolute sway in Arabia there were in that country a large number of people who turned away from that religion and preferred to die than to
remain in that system. It must have been some such reaction of this pamphlet on the mind of the Minister for the Interior which prompted him to advise the Punjab Government to proscribe the pamphlet. Further the Minister who was himself well-versed in religious matters must have thought that the conclusion drawn by the author of the pamphlet which was principally based on the precedent mentioned in paras. 26, 27 and 28 of the Old Testament and which is only partially referred to in the Qur’an in the 54th verse of the Second Sura, could not be applicable to apostasy from Islam and that therefore the author’s opinion was in fact incorrect, there being no express text in the Qur’an for the death penalty for apostasy. On the contrary each of the two ideas, one underlying the six brief verses of Surat-ul-Kafiroon and the other the La Ikrah verse of the second Sura, has merely to be understood to reject as erroneous the view propounded in the ‘Ash-Shahab’.
Each of the verses in Surat-ul-Kafiroon which contains thirty words and no verse of
which exceeds six words, brings out a fundamental trait in man engrained in him since his creation while the La Ikrah verse, the relevant portion of which contains only nine words, states the rule of responsibility of the mind with a precision that cannot be surpassed. Both of these texts which are an early part of the Revelation are, individually and collectively, the foundation of that principle which human society, after centuries of conflict, hatred and bloodshed, has adopted in defining one of the most important fundamental rights of man. But our doctors would never dissociate chauvinism from Islam.

 

 

 

PROPAGATION OF OTHER RELIGIONS

Closely allied to the punishment for apostasy is the right of non-Muslims publicly to preach their religion. The principle which punishes an apostate with death must be applicable to public preaching of kufr and it is admitted by Maulana Abul Hasanat, Ghazi Siraj-ud-Din Munir and Master Taj-ud-Din Ansari, though the last subordinates his opinion to the opinion of the ulama, that any faith other than Islam will not be permitted publicly to be preached in the State. And Maulana Abul Ala Maudoodi, as will appear from his pamphlet ‘Punishment in Islam for an apostate’, has the same views on the subject.

Ghazi Siraj-ud-Din Munir, when questioned on this point, replied :—
“Q.—What will you do with them (Ahmadis) if you were the head of the
Pakistan State ?
A.—I would tolerate them as human beings but will not allow them the right
to preach their religion”.

The prohibition against public preaching of any non-Muslim religion must logically follow from the proposition that apostasy will be punished with death and that any attack on, or danger to Islam will be treated as treason and punished in the same way as apostasy.

JIHAD
Earlier we have pointed out that one of the doctrines on which the Musalmans and Ahmadis are at variance is that of jihad. This doctrine at once raises a host of other allied matters such as the meanings of ghazi, shahid, jihad-bis-saif, jihad fi sabili’llah, dar-ul-Islam, dar-ul-harb, hijrat, ghanima, khums and slavery, and the conflict or reconciliation of these conceptions with modern international problems such as aggression, genocide, international criminal jurisdiction, international conventions and rules of public international law.

An Islamic State is dar-ul-Islam, namely, a country where ordinances of Islam are
established and which is under the rule of a Muslim sovereign. Its inhabitants are
Muslims and also non-Muslims who have submitted to Muslim control and who under
certain restrictions and without the possibility of full citizenship are guaranteed their lives and property by the Muslim State. They must, however, be people of Scriptures and may not be idolaters. An Islamic State is in theory perpetually at war with the neighbouring non-Muslim country, which at any time may become dar-ul-harb, in which case it is the duty of the Muslims of that country to leave it and to come over to the country of their brethren in faith. We put this aspect to Maulana Abul Ala Maudoodi and reproduce his views :—

“Q.—is a country on the border of dar-ul-Islam always qua an Islamic State
in the position of dar-ul-harb ?
A.—No. In the absence of an agreement to the contrary, the Islamic State will be potentially at war with the non-Muslim neighbouring country. The non-Muslim country acquires the status of dar-ul-harb only after the Islamic State declares a formal war against it”.

According to Ghias-ul-Lughat, dar-ul-harb is a country belonging to infidels which has not been subdued by Islam, and the consequences of a country becoming darul-harb are thus stated in the Shorter Encyclopaedia of Islam :—

“When a country does become a dar-ul-harb, it is the duty of all Muslims to
withdraw from it, and a wife who refuses to accompany her husband in
this, is ipso facto divorced”.

Thus in case of a war between India and Pakistan, if the latter is an Islamic State, we must be prepared to receive forty million Muslims from across the border into Pakistan.

In fact, Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i- Pakistan, thinks that a case for hijrat already exists for the Musalmans of India. The following is his view on this subject :—
“Q.—Do yon call your migration to Pakistan as hijrat in the religious sense ?
A.—Yes”.

We shall presently point out why Mirza Ghulam Ahmad’s version of the doctrine of jihad is relied on as a ground for his and his community’s kufr, but before we do that it is necessary first to state how jihad has been or is understood by the Musalmans. There are various theories about jihad which vary from the crude notion of a megalomaniac moved by religious frenzy going out armed with sword and indiscriminately slaughtering non-Muslims in the belief that if he dies in the combat he becomes a shahid and if he succeeds in killing attains the status of a ghazi, to the conception that a Musalman throughout his life is pitted against kufr, kufr here being used in the sense of evil and wrong, and that his principal activity in life is to strive by argument a where necessary by force to spread Islam until it becomes a world religion. In the latter case he fights not for any personal end but because he considers such strife as a duty and an obligation which he owes to Allah and the only recompense for which is the pleasure of Allah. The Shorter Encyclopedia of Islam contains the following brief article on djihad :—
“DJIHAD (A), holy war. The spread of Islam by arms is a religious duty upon
Muslims in general. It narrowly escaped being a sixth rukn, or fundamental duty, and is indeed still so regarded by the descendants of the Kharidjis. This position was reached gradually but quickly. In the Meccan Suras of the Qur’an patience under attack is taught ; no other attitude was possible. But at Medina the right to repel attack appears, and gradually it became a prescribed duty to fight against and subdue the hostile Meccans.
Whether Muhammad himself recognised that his position implied steady and unprovoked war against the unbelieving world until it was subdued to Islam may be in doubt. Traditions are explicit on the point ; but the Qur’anic passages speak always of the unbelievers who are to be subdued as dangerous or faithless. Still, the story of his writing to the powers around him shows that such a universal position was implicit in his mind, and it certainly developed immediately after his death, when the Muslim armies advanced out of Arabia. It is now a fard ala’l-kifaya, a duty in general on all male, free, adult Muslims, sane in mind and body and having means enough to reach the Muslim army, yet not a duty necessarily incumbent on every individual but sufficiently performed when done by a certain number. So it must continue to be done until the whole world is under the rule of Islam. It must be controlled or headed by a Muslim sovereign or imam. As the imam of the Shias is now invisible, they cannot have a djihad until he reappears. Further, the requirement will be met if such a sovereign makes an expedition once a year, or, even, in the later view, if he makes annual preparation for one. The people against whom the djihad is directed must first be invited to embrace Islam. On refusal they have another choice. They may submit to Muslim rule, become dhimmis (q. v.) and pay djizya and kharadj (q. v.) or fight. In the first case, their lives, families and property are assured to them, but they have a definitely inferior status, with no technical citizenship, and a standing only as protected wards. If they fight, they and their families may be enslaved and all their property seized as booty, four-fifths of which goes to the conquering army. If they embrace Islam, and it is open to them to do so even when the armies are face to face, they become part of the Muslim community with all its rights and duties. Apostates must be put to death. But if a Muslim country is invaded by unbelievers, the imam may issue a general summons calling all Muslims there to arms, and as the danger grows so may be the width of the summons until the whole Muslim world is involved. A Muslim who dies fighting in the path of Allah (fi sabil Allah) is martyr (shahid) and is assured of Paradise and of peculiar privileges there. Such a death was, in the early generations, regarded as the peculiar crown of a pious life. It is still, on occasions, a strong incitement, but when Islam ceased to conquer it lost its supreme value. Even yet, however, any war between Muslims and non-Muslims must be a djihad with its incitements and rewards. Of course, such modern movements as the so-called Mu’tazili in India and the Young Turk in Turkey reject this and endeavour to explain away its basis; but the Muslim masses still follow the unanimous voice of the canon lawyers. Islam must be completely made over before the doctrine of djihad can be eliminated”.

The generally accepted view is that the fifth verse to Sura-i-Tauba (Sura IX) abrogated the earlier verses revealed in Mecca which permitted the killing of kuffar only in self-defence. As against this the Ahmadis believe that no verso in the Qur’an was abrogated by another verse and that both sets of verses, namely, the Meccan verses and the relative verses in Sura-i-Tauba have different scopes and can stand together. This introduces the difficult controversy of nasikh and mansukh, with all its implications. It is argued on behalf of the Ahmadis that the doctrine of nasikh and mansukh is opposed to the belief in the existence of an original Scripture in Heaven, and that implicit in this doctrine is the admission that unless the verse alleged to be repealed was meant for a specific occasion and by the coming of that occasion fulfilled its purpose and thus spent itself, God did not know of the subsequent circumstances which would make the earlier verse inapplicable or lead to an undesired result.

The third result of this doctrine, it is pointed out, cuts at the very root of the claim that laws of Islam are immutable and inflexible because if changed circumstances made a new revelation necessary, any change in the circumstances subsequent to the completion of the revelation would make most of the revelation otiose or obsolete.

We are wholly incompetent to pronounce on the merits of this controversy but what has to be pointed out is the result to which the doctrine of jihad will lead if, as appears from the article in the Shorter Encyclopaedia of Islam and other writings produced before us including one by Maulana Abul Ala Maudoodi and another by Maulana Shabbir Ahmad Usmani, it involves the spread of Islam by arms and conquest. ‘Aggression’ and ‘genocide’ are now offences against humanity for which under sentences pronounced by different International tribunals at Nuremburg and Tokio the war lords of Germany and Japan had to forfeit their lives, and there is hardly any difference between the offences of aggression and genocide on the one hand and the doctrine of spread of Islam by arms and conquest on the other. An International Convention on genocide is about to be concluded but if the view of jihad presented to us is correct, Pakistan cannot be a party to it. And while the following verses in the Mecca Suras :—

Sura II, verses 190 and 193 :190. “Fight in the Cause of God Those who fight you,
But do not transgress limits ;
For God loveth not transgressors”.
193. “And fight them on
Until there is no more
Tumult or oppression,
And there prevail
Justice and faith in God ;
But if they cease,
Let there be no hostility
Except to those
Who practise oppression”.
Sura XXII, verses 39 and 40:
39. “To those against whom
War is made, permission
Is given (to fight) because
They are wronged;— and verily,
God is most Powerful
For their aid;—”
40. “(They are) those who have
Been expelled from their homes
In defiance of right,—
(For no cause) except
That they say, ‘Our Lord
Is God.’ Did not God
Check one set of people
By means of another,
There would surely have been
Pulled down monasteries, churches,
Synagogues, and mosques, in which
The name of God is commemorated
In abundant measure. God will
Certainly aid those who
Aid His (cause);—for verily
God is Full of Strength,
Exalted in Might,
(Able to enforce His Will),”

contain in them the sublime principle which international jurists have only faintly begun to discover, we must go on preaching that aggression is the chief characteristic of Islam. The law relating to prisoners of war is another branch of Islamic law which is bound to come in conflict with International Law.

As for instance, in matters relating to the treatment of prisoners of war, we shall have to be governed by Maulana Abul Ala Maudoodi’s view, assuming that view is based on the Qur’an and the sunna, which is as follows :—

“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ fundamentally from the modern International Law of war?
A.—These two systems are based on a fundamental difference.
Q.—What rights have non-Muslims who are taken prisoners of war in a jihad?
A.—The Islamic law on the point is that if the country of which these prisoners are nationals pays ransom, they will be released. An exchange of prisoners is also permitted. If neither of these alternatives is possible, the prisoners will be converted into slaves for ever. If any such person makes an offer to pay his ransom out of his own earnings, he will be permitted to collect the money necessary for the fidya (ransom).
Q.—Are you of the view that unless a Government assumes the form of an Islamic Government, any war declared by it is not a jihad?
A.—No. A war may be declared to be a jihad if it is declared by a national Government of Muslims in the legitimate interests of the State. I never expressed the opinion attributed to me in Ex. D. E. 12:—
“Raha yeh masala keh agar hukumat-i-Pakisten apni maujuda shukl-o-surat ke sath Indian Union ke sath apne mu’ahadat khatm kar-ke i’lan-i-jang bar bhi de to kya us-ki yeh jang jihad ke hukam men a-ja’egi ? Ap ne is bare men jo rae zahir ki hai woh bilkul darust hai – Jab-tak hukumat Islami nizam ko ikhtiyar kar-ke Islami nah ho jae us waqt tak us-ki kisi jang ko jihad kehna aisa hi hai jaisa kisi ghair Muslim ke Azad Kashmir ki fauj men bharti ho-kar larne ko jihad aur us-ki maut ko shahadat ka nam dediya jae – Maulana ka jo mudd’a hai woh yeh hai keh mu’ahadat ki maujudgi men to hukumat ya us-ke shehriyon ka is jang men sharik hona shar’-an ja’iz hi nahin – Agar hukumat mu’ahadat khatm kar-ke jang ka
i’lan kar-de to hukumat ki jang to jihad phir bhi nahin hogi ta-an keh hukumat Islami nah ho jae.’

(translation)

‘The question remains whether, even if the Government of Pakistan, in its present form and structure, terminates her treaties with the Indian Union and declares war against her, this war would fall under the definition of jihad? The opinion expressed by him in this behalf is quite correct. Until such time as the Government becomes Islamic by adopting the Islamic form of Government, to call any of its wars a jihad would be tantamount to describing the enlistment and fighting of a non-Muslim on the side of the Azad Kashmir forces jihad and his death martyrdom. What the Maulana means is that, in the presence of treaties, it is against Shari’at, if the Government or its people participate in such a war. If the Government terminates the treaties and declares war, even then the war started by Government would not be termed jihad unless the Government becomes Islamic’.

About the view expressed in this letter being that of Maulana Abul Ala Maudoodi, there is the evidence of Mian Tufail Muhammad, the writer of the letter, who states: “Ex. D. E. 12 is a photostat copy of a letter which I wrote to someone whose name I do not now remember.”

Maulana Abul Hasanat Muhammad Ahmad Qadri’s view on this point is as
follows:—
“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ in fundamentals from the present International Law?
A.—Yes.
Q.—What are the rights of a person taken prisoner in war?
A.—He can embrace Islam or ask for aman, in which case he will be treated as a musta’min. If he does not ask for aman, he would be made a slave”.
Similar is the opinion expressed by Mian Tufail Muhammad of Jam’at-i-Islami who says:—
“Q.—Is there any law of war in Islamic laws?
A.—Yes.
Q.—If that comes into conflict with International Law, which will you follow?
A.—Islamic law.
Q.—Then please state what will be the status of prisoners of war captured by your
forces?
A.—I cannot reply to this off hand. I will have to study the point.”
Of course ghanima (plunder) and khums (one-fifth) if treated as a necessary incident of
jihad will be treated by international society as a mere act of brigandage.

REACTION ON MUSLIMS OF NON-MUSLIM STATES
The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-Muslim sovereigns.

We asked Amir-i-Shari’at Sayyad Ataullah Shah Bukhari whether a Muslim could be a faithful subject of a non-Muslim State and reproduce his answer:—
“Q.—In your opinion is a Musalman bound to obey orders of a kafir
Government?
A.—It is not possible that a Musalman should be faithful citizen of a non-Muslim
Government.
Q.—Will it be possible for the four crore of Indian Muslims to be faithful citizens
of their State?
A—No.”

The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to other countries where Musalmans are in substantial minorities or if they constitute a preponderating majority in a country where sovereignty rests with a non-Muslim community. We, therefore, asked the various ulama whether, if non-Muslims in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to Muslims in other countries being subjected to a similar discrimination. Their reactions to this suggestion are reproduced below:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-
Ulama-i-Pakistan:—
“Q.—You will admit for the Hindus, who are in a majority in India, the right
to have a Hindu religious State?
A.—Yes.
Q.—Will you have any objection if the Muslims are treated under that form
of Government as malishes or shudras under the law of Manu?
A.— No.”

Maulana Abul Ala Maudoodi :—
“Q.—If we have this form of Islamic Government in Pakistan, will you
permit Hindus to base their Constitution on the basis of their own
religion?
A—Certainly. I should have no objection even if the Muslims of India are
treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”

Amir-i-Shari’at Sayyad Ata Ullah Skak Bukhari :—
“Q.—How many crores of Muslims are there in India?
A.—Four crores.
Q.—Have you any objection to the law of Manu being applied to them
according to which they will have no civil right and will be treated as
malishes and shudras?
A.—I am in Pakistan and I cannot advise them.”

Mian Tufail Muhammad of Jama’at-i-Islami :—
“Q.—What is the population of Muslims in the world?
A.—Fifty crores.
Q.—If the total population of Muslims of the world is 50 crores, as you say,
and the number of Muslims living in Pakistan, Saudi Arabia, Yemen,
Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and
Iraq does not exceed 20 crores, will not the result of your ideology be
to convert 30 crores of Muslims in the world into hewers of wood and
drawers of water?
A.—My ideology should not affect their position.
Q.—Even if they are subjected to discrimination on religious grounds and
denied ordinary rights of citizenship ?
A.—Yes.”
This witness goes to the extent of asserting that even if a non-Muslim Government were to offer posts to Muslims in the public services of the country, it will be their duty to refuse such posts.

Ghazi Siraj-ud-Din Munir :—
“Q.—Do you want an Islamic State in Pakistan?
A.—Surely.
Q.—What will be your reaction if the neighbouring country was to found
their political system on their own religion?
A.—They can do it if they like.
Q.—Do you admit for them the right to declare that all Muslims in India, are
shudras and malishes with no civil rights whatsoever?
A.—We will do our best to see that before they do it their political
sovereignty is gone. We are too strong for India. We will be strong
enough to prevent India from doing this.
Q.—Is it a part of the religious obligations of Muslims to preach their
religion?
A—Yes.
Q.—Is it a part of the duty of Muslims in India publicly to preach their
religion?
A.—They should have that right.
Q.—What if the Indian State is founded on a religious basis and the right to
preach religion is disallowed to its Muslim nationals?
A —If India makes any such law, believer in the Expansionist movement as I
am, I will march on India and conquer her.”

So this is the reply to the reciprocity of discrimination on religious grounds.

Master Taj-ud-Din Ansari :—
“Q.—Would you like to have the same ideology for the four crores of
Muslims in India as you are impressing upon the Muslims of
Pakistan?
A.—That ideology will not let them remain in India for one minute.
Q.—Does the ideology of a Muslim change from place to place and from
time to time?
A.—No.
Q.—Then why should not the Muslims of India have the same ideology as
you have?
A.—They should answer that question.”

The ideology advocated before us, if adopted by Indian Muslims, will completely
disqualify them for public offices in the State, not only in India but in other countries also which are under a non-Muslim Government. Muslims will become perpetual suspects everywhere and will not be enrolled in the army because according to this ideology, in case of war between a Muslim country and a non-Muslim country, Muslim soldiers of the non-Muslim country must either side with the Muslim country or surrender their posts.

The following is the view expressed by two divines whom we questioned on this point:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-
Ulama-i-Pakistan :—
“Q.—What will be the duty of Muslims in India in case of war between India
and Pakistan?
A.—Their duty is obvious, namely, to side with us and not to fight against us
on behalf of India.”

Maulana Abul Ala Maudoodi : —
“Q.—What will be the duty of the Muslims in India in case of war between
India and Pakistan?
A.—Their duty is obvious, and that is not to fight against Pakistan or to do
anything injurious to the safety of Pakistan.”

OTHER INCIDENTS

Other incidents of an Islamic State are that all sculpture, playing of cards, portrait
painting, photographing human beings, music, dancing, mixed acting, cinemas and
theatres will have to be closed.

Thus says Maulana Abdul Haleem Qasimi, representative of Jami’at-ul-Ulama-i-Pakistan: —

“Q.—What are your views on tashbih and tamseel ?
A.—You should ask me a concrete question.
Q.—What are your views on lahw-o-la’b?
A.—The same is my reply to this question.
Q.—What are your views about portrait painting?
A.—There is nothing against it if any such painting becomes necessary.
Q.—What about photography?
A.—My reply to it is the same as the reply regarding portrait painting.
Q.—What about sculpture as an art?
A.—It is prohibited by our religion.
Q.—Will you bring playing of cards in lohw-o-la’b?
A.—Yes, it will amount to lahw-o-la’b.
Q.—What about music and dancing?
A.—It is all forbidden by our religion.
Q.—What about drama and acting?
A —It all depends on what kind of acting you mean. If it involves immodesty
and intermixture of sexes, the Islamic law is against it.
Q.—If the State is founded on your ideals, will you make a law stopping
portrait painting, photographing of human beings, sculpture, playing
of cards, music, dancing, acting and all cinemas and theatres?
A.—Keeping in view the present form of these activities, my answer is in the
affirmative.”

Maulana Abdul Haamid Badayuni considers it to be a sin (ma’siyat) on the part of
professors of anatomy to dissect dead bodies of Muslims to explain points of anatomy to the students.

The soldier or the policeman will have the right, on grounds of religion, to disobey a command by a superior authority. Maulana Abul Hasanat’s view on this is as follows :—

“I believe that if a policeman is required to do something which we consider to be
contrary to our religion, it should be the duty of the policeman to disobey the authority. The same would be my answer if ‘army’ were substituted for ‘police’.

Q.—You stated yesterday that if a policeman or a soldier was required by a
superior authority to do what you considered to be contrary to religion, it would be the duty of that policeman or the soldier to disobey such authority. Will you give the policeman or the soldier the right of himself determining whether the command he is given by his superior authority is contrary to religion ?
A.—Most certainly.
Q.—Suppose there is war between Pakistan and another Muslim country and
the soldier feels that Pakistan is in the wrong; and that to shoot a
soldier of other country is contrary to religion. Do you think he would
be justified in disobeying his commanding officer ?
A.—In such a contingency the soldier should take a fatwa of the ‘ulama’.”

We have dwelt at some length on the subject of Islamic State not because we intended to write a thesis against or in favour of such State but merely with a view to presenting a clear picture of the numerous possibilities that may in future arise if true causes of the ideological confusion which contributed to the spread and intensity of the disturbances are not precisely located. That such confusion did exist is obvious because otherwise Muslim Leaguers, whose own Government was in office, would not have risen against it; sense of loyalty and public duty would not have departed from public officials who went about like maniacs howling against their own Government and officers; respect for property and human life would not have disappeared in the common man who with no scruple or compunction began freely to indulge in loot, arson and murder; politicians would not have shirked facing the men who had installed them in their offices; and administrators would not have felt hesitant or diffident in performing what was their obvious duty. If there is one thing which has been conclusively demonstrated in this inquiry, it is that provided you can persuade the masses to believe that something they are asked to do is religiously right or enjoined by religion, you can set them to any course of action, regardless of all considerations of discipline, loyalty, decency, morality or civic sense.

Pakistan is being taken by the common man, though it is not, as an Islamic State. This belief has been encouraged by the ceaseless clamour for Islam and Islamic State that is being heard from all quarters since the establishment of Pakistan. The phantom of an Islamic State has haunted the Musalman throughout the ages and is a result of the memory of the glorious past when Islam rising like a storm from the least expected quarter of the world—wilds of Arabia—instantly enveloped the world, pulling down from their high pedestal gods who had ruled over man since the creation, uprooting centuries old institutions and superstitions and supplanting all civilisations that had been built on an enslaved humanity. What is 125 years in human history, nay in the history of a people, and yet during this brief period Islam spread from the Indus to the Atlantic and Spain, and from the borders of China to Egypt, and the sons of the desert installed themselves in all old centres of civilisation—in Ctesiphon, Damascus, Alexandria, India and all places associated with the names of the Sumerian and the Assyrian civilisations. Historians have often posed the question : what would have been the state of the world today if Muawiya’s siege of Constantinople had succeeded or if the proverbial Arab instinct for plunder had not suddenly seized the mujahids of Abdur Rahman in their fight against Charles Martel on the plains of Tours in Southern France. May be Muslims would have discovered America long before Columbus did and the entire world would have been Moslemised; may be Islam itself would have been Europeanised. It is this brilliant achievement of the Arabian nomads, the like of which the world had never seen before, that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam. He finds himself standing on the crossroads, wrapped in the mantle of the past and with the dead weight of centuries on his back, frustrated and bewildered and hesitant to turn one corner or the other. The freshness and the simplicity of the faith, which gave determination to his mind and spring to his muscle, is now denied to him. He has neither the means nor the ability to conquer and there are no countries to conquer. Little does he understand that the forces, which are pitted against him, are entirely different from those against which early Islam, had to fight, and that on the clues given by his own ancestors human mind has achieved results which he cannot understand. He therefore finds himself in a state of helplessness, waiting for some one to come and help him out of this morass of uncertainty and confusion. And he will go on waiting like this without anything happening. Nothing but a bold re-orientation of Islam to separate the vital from the lifeless can preserve it as a World Idea and convert the Musalman into a citizen of the present and the future world from the archaic in congruity that he is today. It is this lack of bold and clear thinking, the inability to understand and take decisions which has brought about in Pakistan a confusion which will persist and repeatedly create situations of the kind we have been inquiring into until our leaders have a clear conception of the goal and of the means to reach it. It requires no imagination to realise that irreconcilables remain irreconcilable even if you believe or wish to the contrary. Opposing principles, if left to themselves, can only produce confusion and disorder, and the application of a neutralising agency to them can only produce a dead result. Unless, in case of conflict between two ideologies, our leaders have the desire and the ability to elect, uncertainty must continue. And as long as we rely on the hammer when a file is needed and press Islam into service to solve situations it was never intended to solve, frustration and disappointment must dog our steps. The sublime faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual, in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and our politicians should understand that if Divine commands cannot make or keep a man a Musalman, their statutes will not….

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Finally, three months late, the GoI responds to American and Pakistani allegations about Balochistan

Just about three months ago, on April 27 2009, I ended an article here on Balochistan saying “The Government of India obviously needs to address Dr Fair’s claim and seek to squarely refute what she has said in these remarks”. The American analyst Christine Fair had alleged Indian involvement in Pakistan’s problems in Balochistan, and this had been something gleefully taken up by the Pakistanis (almost on a par with the psychotic delusion on the part of some in Pakistan that the Taliban were  really dressed-up Indians, see the quote from Jemima Khan’s  brilliant reportage in my article).

On July 21, India’s top foreign ministry official finally responded saying:  “…Prime Minister Gilani mentioned that Pakistan has some information on threats in Balochistan and other areas. Pakistan has been saying this but our hands are clean”.

Better late than never I suppose.

Subroto Roy, Kolkata.

Excuse me but young Kasab in fact confessed many months ago, immediately after he was captured – he deserves 20 or 30 years in an Indian prison, and a chance to become a model prisoner who will stand against the very terrorists who sent him on his vile mission

I have almost stopped being amazed by the near-imbecility that our English-language TV and print media seem so often to be capable of. Oui mes enfants, Kasab did confess to mass-murder and other crimes in open court today but please do not feign such surprise for commercial reasons — if you had done your homework diligently you would have known that Kasab had confessed quite as fully as he did today many months ago, in fact as soon as he was physically able to do so after being treated in hospital following his capture by Mumbai police. (The BBC proved again it has no institutional memory left by failing to remember these facts too and instead relying on the Indian TV media today. Or, alternatively, the BBC’s dual national Pakistani staffers were quick to get the BBC to veer towards the official GoP line — and the GoP certainly has not wanted to remember the fact Kasab was being truthful from day one of his capture.)

Why was Kasab’s court-appointed lawyer silent and bewildered today? Because Kasab (with his Class 4 schooling) had somehow thought things through on his own during this existential experience and effectively sacked the lawyer peremptorily as was his right to do.  It was the lawyer who had chalked out the faulty legal strategy of starting off by pleading not-guilty instead of plea-bargaining on the basis of Kasab’s initial confessions being the primary source of evidence for the Government of India to be able to indict Pakistan in the Mumbai massacres.

(To the lawyer’s credit though, at least he had taken the case when no one else would and furthermore, he had clearly acted in good faith.)

Had Kasab been killed along with his 9 compatriot fellow-terrorists (and he was the youngest and least experienced which is probably why he was teamed with Ishmael who was the team leader), India would have had almost no hard evidence in creating the dossier that we were able to confront Pakistan with.

Kasab’s correct legal strategy was to accept his guilt and plead for mercy on the basis of having turned State’s evidence, indeed the Government of India’s star witness for the prosecution. There is absolutely no jurisprudential benefit in seeing a tiny pawn like him– the very tiniest of all pawns –hang for his evil deeds. That is why I said back in November-December that if I was the judge sentencing him, I would send him to jail for 20-30 years, for his 20 or 30 victims at CST station, and get him to become a model prisoner who could become a prime spokesman against the terrorists who had sent him.

The right way for India and Pakistan to cooperate against the perpetrators of the Mumbai massacres was via a prompt application of common maritime law and the Law of the Sea Treaty’s provisions against piracy, murder etc on the high seas, followed by some well-publicised hangings at sea, on a Pakistan Navy vessel, of the masterminds. Here is a complete list of what I said here between November 28 2008 and March 18 2009 on all this:

1. November 28, 2008 Jews have never been killed in India for being Jews until this sad day

Jews have never been killed in India for being Jews until today.   For two thousand years, in fact perhaps as long as there have ever been Jews in the world, there had been Jews living peacefully in India.  I used to say that proudly to my Jewish friends, adding that the Indian Army had even had a Jewish general.  Today, November 28 2008, or perhaps yesterday November 27 2008, that changed.  Five Hasidic Jews who had been peaceful residents of Nariman House in Mumbai, came to be murdered by terrorists, merely for being Jews, or died in explosions or in the cross-fire between the terrorists and Indian security forces.   The Israeli Government had offered India their well-known technical expertise in trying to save their fellow-nationals.  I believe the Government of India made a tragic mistake by not accepting it.  Yes certainly our national prestige would have taken the slightest of blows if Israeli commandos had helped to release Israeli hostages in India.  But our national prestige has taken a much vaster and more permanent blow instead, now that we can no longer say that Jews have never in history been killed for being Jews in India.  I am especially sad on this already very sad day to see that proud record destroyed.

2. November 30, 2008 In international law, Pakistan has been the perpetrator, India the victim of aggression in Mumbai

In international law, the attacks on Mumbai would probably reveal Pakistan to have been  the aggressor state, India the victim of aggression.   It is standard law that a “master” is responsible for the misdeeds of his “servant”. E.g., “Where the relation of master and servant clearly exists, the employer is responsible for injury occasioned by the negligent conduct of the servant in carrying out his orders.  And this rule is so extensive as to make the master liable for the careless, reckless and wanton conduct of his servant, provided it be within the scope of his employment”.   President Zardari and Prime Minister Gillani may declare truthfully they had no prior knowledge of the attacks on Mumbai, that these were not in any way authorized by them or their Government.  But it seems likely  on the basis of current evidence that  the young terrorists who attacked Mumbai were still in a “master-servant” relationship with elements of the Pakistani state and had been financed, trained, motivated and supplied by  resources arising, directly or indirectly, from the Pakistani exchequer.   Public moneys in Pakistan came to be used or misused to pay for aggression against India –  in a quite similar pattern to the October 1947 attack on Kashmir, Ayub Khan’s 1965 “Operation Grand Slam”, and Pervez Musharraf’s 1999 attack on Kargil.  And to think that these youth who were made into  becoming terroristic mass murderers were toddlers  when the USSR withdrew from Afghanistan, in primary school when the 1993 WTC bombing happened and adolescents at the time of the 9/11 attacks.

3. December 3, 2008   Habeas Corpus: a captured terrorist mass-murderer tells a magistrate he is not being mistreated by Indian police

A youth who had been a petty thief in Multan, was induced by Pakistan’s terrorist masterminds to  train to  become a mass murderer with an assault rifle and grenades in the Mumbai massacres last week.  He was shot and arrested by India’s police and is now in custody.  He has already been produced before a magistrate who asked him if he was being mistreated, to which he said he was not. This redounds to India’s credit in view of the vast (and yes, probably racist) mistreatment over years of those held e.g. at Guantanamo Bay.  (The argument that the US Constitution and the laws associated with habeas corpus did not apply to the US Government because Guantanamo Bay was not American territory, was always specious.)

4. December 4, 2008 India’s Muslim Voices (Or, Let us be clear the Pakistan-India or Kashmir conflicts have not been Muslim-Hindu conflicts so much as intra-Muslim conflicts about Muslim identity and self-knowledge on the Indian subcontinent) bySubroto Roy

Ill-informed Western observers, especially at purported “think tanks” and news-portals, frequently proclaim the Pakistan-India confrontation and Jammu & Kashmir conflict to represent some kind of savage irreconcilable division between Islamic and Hindu cultures. For example, the BBC, among its many prevarications on the matter (like lopping off J&K entirely from its recently broadcasted maps of India, perhaps under influence of its Pakistani staffers), frequently speaks of “Hindu-majority India” and “Indian-administered Kashmir” being confronted by Muslim Pakistan. And two days ago from California’s Bay Area arose into the Internet Cloud the following profundity: “What we’re dealing with now, in the Pakistani-Indian rivalry, is a true war of civilizations, pitting Muslims against Hindus…. the unfathomable depths of the Muslim-Hindu divide….”. Even President-elect Obama’s top Pakistan-specialists have fallen for the line of Washington’s extremely strong Pakistan lobby: “Pakistan… sees itself as the political home for the subcontinent’s Muslim population and believes India’s continued control over the Muslim-majority Kashmir valley and denial of a plebiscite for its inhabitants represent a lingering desire on India’s part to undo the legacy of partition, which divided the British Indian Empire into India and Pakistan.”

The truth on record is completely different and really rather simple: for more than a century and a half, Muslims qua Muslims on the Indian subcontinent have struggled with the question of their most appropriate cultural and political identity.  The starkest contrast may be found in their trying to come to terms with their partly Arabic and partly Hindu or Indian parentage (the words Hindu, Sindhu, Indus, Indian, Sindhi, Hindi etc all clearly have the same Hellenistic root).  For example, there was Wali Allah (1703-1762) declaring “We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride”. But here has been Mohammad Iqbal (1877-1938), in his 1930 Allahabad speech to the Muslim League, conceiving today’s Pakistan as a wish to become free of precisely that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.” In an article “Saving Pakistan” published last year in The Statesman and available elsewhere here, it was suggested Iqbal’s “spirit of modern times” may be represented most prominently today by the physicist/political philosopher Pervez Hoodbhoy: in a December 2006 speech Hoodbhoy suggested a new alternative to MA Jinnah’s “Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” He has spoken too of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. But Pakistan’s Iqbalian liberals like Hoodbhoy still have to square off with those of their compatriots who sent the youthful squad into Mumbai last week with assault rifles, grenades and heroic Arabic code-names, as well as orders to attack civilians with the ferocity of the original Muslims attacking caravans and settlements in ancient Arabia.

What the extremely strong Pakistan lobbies within the British and American political systems have suppressed in order to paint a picture of eternal Muslim-Hindu conflict is the voice of India’s nationalist Muslims, who historically have had no wish to have any truck with any idea of a “Pakistan” at all.  Most eminent among them was undoubtedly Jinnah’s fiercest critic: Maulana Abul Kalam Azad whose classic 1946 statement on Pakistan is available in his India Wins Freedom, the final version published only in 1988……

5.  December 6, 2008  A Quick Comparison Between the September 11 2001 NYC-Washington attacks and the November 26-28 2008 Mumbai Massacres (An Application of the Case-by-Case Philosophical  Technique of Wittgenstein, Wisdom and Bambrough) bySubroto Roy

In my book Philosophy of Economics (Routledge, 1989) and in my August 24  2004 public lecture  in England  “Science,  Religion, Art and the Necessity of Freedom”, both available elsewhere here, I described the “case-by-case” philosophical technique recommended by Ludwig Wittgenstein, John Wisdom and Renford Bambrough.  (Bambrough had also shown a common root in the work of the American philosopher Charles Sanders Peirce.)   Herewith an application of the technique to a contemporary problem that shows the “family resemblance” between two modern terrorist attacks, the September 11 2001 attack on New York and Washington and the Mumbai massacres last week.

Similarity:  In both, a gang of motivated youthful terrorists acted as a team against multiple targets; their willingness to accept  suicide while indulging in mass-murder may have, bizarrely enough, brought a sense of adventure and meaning to otherwise empty lives.

Difference: In the 9/11 attacks, Mohammad Atta seemed to have been a single predominant leader while each of the others also had complex active roles requiring decisions, like piloting and navigating hijacked jumbo-jets.  In the Mumbai massacres, the training and leadership apparently came from outside the team before and even during the operation  – almost as if the team were acting like brainwashed robots under long-distance control.

Similarity:  Both attacks required a long prior period of training and planning.

Difference: The 9/11 attacks did not require commando-training imparted by military-style trainers; the Mumbai massacres did.

Difference: In the 9/11 attacks, the actual weapons used initially were primitive, like box-cutters; in the Mumbai massacres, assault rifles and grenades were used along with sophisticated telecommunications equipment.

Difference: In 9/11, the initial targets, the hijacked aircraft, were themselves made into weapons against the ultimate targets, namely the buildings, in a way not seen before.  In the Mumbai massacres, mass-shooting of terrorized civilians was hardly something original; besides theatres of war, the Baader-Meinhof gang and the Japanese Red Army used these in the 1970s as terrorist techniques (e.g. at Rome Airport  Lod Airport; Postscript January 26 2009: I make this correction after reading and commenting on the RAND study which unfortunately  did not have the courtesy of acknowledging my December 6 2008 analysis) plus there were, more recently, the Columbine and Virginia Tech massacres.

Similarity: In both cases, Hollywood and other movie scripts could have inspired the initial ideas of techniques to be  used.

Similarity: In both cases, the weapons used were appropriate to the anticipated state of defence: nothing more than box-cutters could be expected to get by normal airport security; assault rifles etc could come in by the unguarded sea and attack soft targets in Mumbai.  (Incidentally, even this elementary example of strategic thinking  in a practical situation may be beyond the analytical capacity contained in the tons of waste paper produced at American and other modern university Economics departments under the rubric of  “game theory”.)

Similarity: In both cases, a high-level of widespread fear was induced for several days or more within a targeted nation-state by a small number of people.

Similarity: No ransom-like demands were made by the terrorists in either case.

Similarity: Had the single terrorist not been captured alive in the Mumbai massacres, there would have been little trace left by the attackers.

Difference: The 9/11 attackers knew definitely they were on suicide-missions; the Mumbai attackers may not have done and may have imagined an escape route.

6. December 10, 2008 Congratulations to Mumbai’s Police: capturing a terrorist, affording him his Habeas Corpus rights, getting him to confess within the Rule of Law, sets a new world standard

The full statement to police of the single captured terrorist perpetrator of the Mumbai massacres is now available. It tells a grim story. But Mumbai’s Police, from ordinary beat constables and junior officers to the anti-terrorism top brass, come off very well both with their heroism and their commitment to the Rule of Law.   In comparison to the disastrous failures of the Rule of Law in the United States and Britain since 9/11 in fighting terrorism, Mumbai’s Police may have set a new world standard.

The prisoner was several days ago afforded Habeas Corpus rights  and produced before a magistrate who asked him if he was being mistreated to which he replied he was not – though there might not be any Indian equivalent of America’s “Miranda”  law.

7. December 12, 2008  Kasab was a stupid, ignorant, misguided youth, manufactured by Pakistan’s terrorist masterminds into becoming a mass-murdering robot: Mahatma Gandhi’s India should punish him, get him to repent if he wishes, then perhaps rehabilitate him as a potent weapon against Pakistani terrorism

The crime of murder is that of deliberate homicide, that of mass-murder is the murder of a mass of people.  There is no doubt the lone captured Mumbai terrorist, “Kasab”, has committed mass-murder, being personally responsible for the murder of probably 20 or 30 wholly innocent people he had never met.  He killed them by machine-gun fire and grenades at CST/VT railway station on November 26 2008 before being shot and captured by police.  He is also a co-conspirator in the mass-murders carried out by his associate at the railway station and those elsewhere in Mumbai.  There is no doubt he should serve rigorous imprisonment for life in an Indian prison for his crimes.

And yet…. And yet…

If the Government of India is sensible, it needs to describe and comprehend the moral subtleties of the circumstances surrounding Kasab’s life, especially during the last year.  Here was a stupid, ignorant, rather primitive youth misguided by others first into becoming a petty robber, later into becoming a terrorist-trainee in hope of advancing his career in thievery!

Bakri-Id 2008 has just occurred – it is on Bakri-Id a year ago in 2007 that Kasab reportedly first ventured into volunteering for terrorist training as a way of learning how to use firearms!  It is almost certain he had never met a Hindu or an Indian in his life before then, that he knew absolutely nothing about the subcontinent’s history or politics, that he would be ignorant about who, say, Iqbal or Jinnah or Maulana Azad or Sheikh Abdullah or Mahatma Gandhi ever were.  Within less than a year, that same youth had been brainwashed and trained adequately enough by Pakistan’s terrorist masterminds to become a robotic mass-murderer in Mumbai’s railway station.  Now having been caught and treated humanely by his captors, he has confessed everything and even expressed a wish to write a letter to his father in Pakistan expressing remorse for his deeds.

If I was the judge trying him, I would sentence him to a minimum of twenty or thirty years rigorous imprisonment in an Indian prison.  But I would add that he should be visited in jail by a few of India’s Muslim leaders, and indeed he should be very occasionally allowed out of the prison (under police supervision) in a structured program to offer Namaz with India’s Muslims in our grandest mosques.  He should learn firsthand a little of the lives of India’s Muslims and of India’s people as a whole.  Perhaps he will become a model prisoner, perhaps he may even want to become in due course a potent weapon against the terrorist masterminds who ruined his life by sending him to murder people in India.

It bears to be remembered that in an incredible act of Christian forgiveness, the widow of the Australian missionary Graham Staines forgave the cold-blooded murderers who burnt alive her husband and her young sons as they slept in a jeep in Orissa.  The family of Rajiv Gandhi may have done the same of those who assassinated or conspired to assassinate Rajiv Gandhi.  This is the land of Mahatma Gandhi, who had woven a remarkable moral and political theory out of the Jain-Buddhist-Hindu doctrine of ahimsa as well as Christian notions from Tolstoy and Thoreau of forgiving the sinner.

Of course there cannot be forgiveness where there is no remorse.  Kasab’s behaviour thus far suggests he will be remorseful and repentant; there are many other thieves and murderers in the world who are not.

Subroto Roy

Reported statement of Mohammad Ajmal Amir ‘Kasab’, 21, to police after arrest:  “I have resided in Faridkot, Dinalpur tehsil, Ukada district, Suba Punjab state, Pakistan since my birth. I studied up to class IV in a government school. After leaving school in 2000, I went to stay with my brother in Tohit Abad mohalla, near Yadgar Minar in Lahore. I worked as a labourer at various places till 2005, visiting my native once in a while. In 2005, I had a quarrel with my father. I left home and went to Ali Hajveri Darbar in Lahore, where boys who run away from home are given shelter. The boys are sent to different places for employment.  One day a person named Shafiq came there and took me with him. He was from Zhelam and had a catering business. I started working for him for Rs120 per day. Later, my salary was increased to Rs200 per day. I worked with him till 2007. While working with Shafiq, I came in contact with one Muzzafar Lal Khan, 22. He was from Romaiya village in Alak district in Sarhad, Pakistan. Since we were not getting enough money, we decided to carry out robbery/dacoity to make big money. So we left the job.

We went to Rawalpindi, where we rented a flat. Afzal had located a house for us to loot… We required some firearms for our mission… While we were in search of firearms, we saw some LeT stalls at Raja Bazaar in Rawalpindi on the day of Bakri-id. We then realised that even if we procured firearms, we would not be able to operate them. Therefore, we decided to join LeT for weapons training.  We reached the LeT office and told a person that we wanted to join LeT. He noted down our names and address and told us to come the next day.  The next day, there was another person with him. He gave us Rs200 and some receipts. Then he gave us the address of a place called Marqas Taiyyaba, Muridke, and told us to go to there. It was an LeT training camp. We went to the place by bus. We showed the receipts at the gate of the camp. We were allowed inside… Then we were taken to the actual camp area. Initially, we were selected for a 21 days’ training regimen called Daura Sufa. From the next day, our training started.

The daily programme was as follows: 4.15 am — Wake-up call and thereafter Namaz; 8 am — Breakfast; 8.30 am to 10 am — Lecture on Hadis and Quran by Mufti Sayyed; 10 am to noon – Rest; Noon to 1 pm – Lunch break; 1 pm to 4 pm – Rest; 4 pm to 6 pm – PT; instructor: Fadulla; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner

After Daura Sufa, we were selected for another training programme called Daura Ama. This was also for 21 days. We were taken to Mansera in Buttal village, where we were trained in handling weapons.  The daily programme was as follows: 4.15 am to 5 am – Wake-up call and thereafter Namaz; 5 am to 6 am – PT; instructor: Abu Anas; 8 am – Breakfast; 8.30 am to 11.30 am – Weapons training; trainer: Abdul Rehman; weapons: AK-47, Green-O, SKS, Uzi gun, pistol, revolver; 11.30 am to Noon – rest; Noon to 1 pm – Lunch break; 1 pm to 2 pm – Namaz; 2 pm to 4 pm – Rest; 4 pm to 6 pm – PT; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner.

After the training, we were told that we will begin the next stage involving advanced training. But for that, we were told, we had to do some khidmat for two months (khidmat is a sort of service in the camp as per trainees’ liking). We agreed. After two months, I was allowed to go to meet my parents. I stayed with my parents for a month.  Then I went to an LeT camp in Shaiwainala, Muzaffarabad, for advanced training…  We were taken to Chelabandi pahadi area for a training programme, called Daura Khas, of three months. It involved handling weapons, using hand grenade, rocket launchers and mortars.

The daily programme was as follows: 4.15 am  to 5 am – Wake-up call and thereafter Namaz; 5 am to 6 am – PT; instructor: Abu Mawiya; 8 am – Breakfast; 8.30 am  to 11.30 am – Weapons training, handling of all weapons and firing practices with the weapons, training on handling hand grenade, rocket-launchers and mortars, Green-O, SKS, Uzi gun, pistol, revolver; trainer: Abu Mawiya; 11.30 am to 12 noon – rest; Noon to 1 pm – Lunch break; 1 pm to 2 pm – Namaz; 2 pm to 4 pm – Weapons training and firing practice; lecture on Indian security agencies; 4 pm to 6 pm – PT; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner

There were 32 trainees in the camp. Sixteen were selected for a confidential operation by one Zaki-ur-Rehman, alias Chacha, but three of them ran away from the camp.  Chacha sent the remaining 13 with a person called Kafa to the Muridke camp again. At Muridke, we were taught swimming and made familiar with the life of fishermen at sea… We were given lectures on the working of Indian security agencies. We were shown clippings highlighting atrocities on Muslims in India.  After the training, we were allowed to go to our native places. I stayed with my family for seven days. I then went to the LeT camp at Muzaffarabad. The 13 of us were present for training.   Then, on Zaki-ur-Rehman’s instructions, Kafa took us to the Muridke camp. The training continued for a month. We were given lectures on India and its security agencies, including RAW. We were also trained to evade security personnel. We were instructed not to make phone calls to Pakistan after reaching India.

The names of the persons present for the training are: n Mohd Azmal, alias Abu Muzahid  n Ismail, alias Abu Umar  n Abu Ali n Abu Aksha n Abu Umer  n Abu Shoeb n Abdul Rehman (Bada) n Abdul Rehman (Chhota) n Afadulla  n Abu Umar. After the training, Chacha selected 10 of us and formed five teams of two people each on September 15. I and Ismail formed a team; its codename was VTS. We were shown Azad Maidan in Mumbai on Google Earth’s site on the internet… We were shown a film on VT railway station. The film showed commuters during rush hours. We were instructed to carry out firing during rush hours — between 7 am and 11 am and between 7 pm and 11 pm. Then we were to take some people hostage, take them to the roof of some nearby building and contact Chacha, who would have given us numbers to contact media people and make demands.  This was the strategy decided upon by our trainers. The date fixed for the operation was September 27. However, the operation was cancelled for some reason. We stayed in Karachi till November 23.  The other teams were: 2nd team: a) Abu Aksha; b) Abu Umar; 3rd team: a) Abdul Rehman (Bada); b) Abu Ali; 4th team: a) Abdul Rehman (Chotta); b) Afadulla; 5th team: a) Abu Shoeb; b) Abu Umer.

On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone.  Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman (Tandel) in the basement of the launch. Then we boarded an inflatable dinghy and reached Badhwar Park jetty.  I then went along with Ismail to VT station by taxi. After reaching the hall of the station, we went to the toilet, took out the weapons from our sacks, loaded them, came out of the toilet and started firing indiscriminately at passengers. Suddenly, a police officer opened fire at us. We threw hand grenades towards him and also opened fire at him.  Then we went inside the railway station threatening the commuters and randomly firing at them. We then came out of the railway station searching for a building with a roof.  But we did not find one. Therefore, we entered a lane. We entered a building and went upstairs. On the third and fourth floors we searched for hostages but we found that the building was a hospital and not a residential building. We started to come down. That is when policemen started firing at us. We threw grenades at them.

While coming out of the hospital premises, we saw a police vehicle passing. We took shelter behind a bush. Another vehicle passed us and stopped some distance away. A police officer got off from the vehicle and started firing at us. A bullet hit my hand and my AK-47 fell out of my hand. When I bent to pick it up another bullet hit me on the same hand. Ismail opened fire at the officers in the vehicle. They got injured and firing from their side stopped. We waited for a while and went towards the vehicle.  There were three bodies in the vehicle. Ismail removed the bodies and drove the vehicle. I sat next to him. Some policemen tried to stop us. Ismail opened fire at them. The vehicle had a flat tyre near a big ground by the side of road. Ismail got down from the vehicle, stopped a car at gunpoint and removed the three lady passengers from the car. Since I was injured, Ismail carried me to the car. He then drove the car. We were stopped by policemen on the road near the seashore. Ismail fired at them, injuring some policemen. The police also opened fire at us. Ismail was injured in the firing. The police removed us from the vehicle and took us to the same hospital. In the hospital, I came to know that Ismail had succumbed to injuries.  My statement has been read to me and explained in Hindi, and it has been correctly recorded.”

8. December 13, 2008  Pakistan’s New Delhi Embassy should ask for “Consular Access” to nine dead terrorists in a Mumbai morgue before asking to meet Kasab

After two weeks of pointblank denials that Pakistan had anything to do with the Mumbai massacres (”the  Mumbai incident”, “the Bombay event” as Pakistan’s social butterflies put it), Pakistan’s diplomats are now asking for Consular Access to Kasab, the lone captured terrorist!   The cheek of it!   Would they please request Consular Access instead to the nine dead terrorists who were Kasab’s companions, and who are presumably in a Mumbai morgue at present because India’s Muslims have denied them a burial?   It is certain the Government of India would be relieved and delighted to hand over  full custody of the mortal remains of these nine Pakistanis to representatives of His Excellency the High Commissioner of Pakistan to New Delhi for transfer back home to Pakistan.

As for Consular Access to Kasab, the Government of India will doubtless inform His Excellency that His Excellency may appreciate that in present circumstances in which the individual Kasab, not to put  too fine a point on it,   is singing like a canary, the Government of India deems the security of India could be jeopardised by any possibility of such a song becoming jeopardised.  The Government of India will however doubtless assure His Excellency that Kasab is being well cared for in custody and has reported as such to the magistrate.

9. December 19, 2008 An Indian Reply to President Zardari: Rewarding Pakistan for bad behaviour leads to schizophrenic relationshipsbySubroto Roy

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani.  Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These  need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

i.  Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”.  It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”.  British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none.  (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule.  Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent.   Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan.  Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi.  (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.)  Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be.  The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is  fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919.  India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions.  An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN.  Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today.  Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later.  The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision.  It succeeded only partially.  Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949.  After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India.  The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947.  Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts  a fight does not get to finish it.

Such is the simplest and most practical statement of the history of the current problem.  The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan.  This ignored Britain’s own constitutional law.  BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India.   It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

ii.  Benazir’s assassination falsely compared to the Mumbai massacres

Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago.  Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s.  Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war.  Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces.  Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists.  President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general.  Rather, it  serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

iii.  Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

This may be overly simplistic.  As pointed out in my article “Pakistan’s Allies”,  Gregory Zinoviev himself  after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213).   For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism.  Touché! Blowback and counter-blowback!  The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own.  Europe and America only settled down politically after their religious wars were over.  Perhaps no religious nation-state is viable in the modern world.

iv.   Pakistan’s behaviour leads to schizophrenia in international relations

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc –  President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals,  whether in thought, word or deed.  Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships.  (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory,  an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons

“We keep our nuclear weapons safe from any misuse or unauthorized use

“We are willing to use nuclear weapons in a first strike against India

“We do not comprehend the lessons of Hiroshima-Nagasaki

“We do not comprehend the destruction India will visit upon us if we strike them

“We are dangerous so we must not be threatened in any way

“We are peace-loving and want to live in peace with India and Afghanistan

“We love to play cricket with India and watch Bollywood movies

“We love our Pakistan Army as it is one public institution that works

“We know the Pakistan Army has backed armed militias against India in the past

“We know these militias have caused terrorist attacks

“We are not responsible for any terrorist attacks

“We do not harbour any terrorists

“We believe the world should pay us to not use or sell our nuclear weapons

“We believe the world should pay us to not encourage the terrorists in our country

“We believe the world should pay us to prevent terrorists from using our nuclear weapons

“We hate India and do not want to become like India

“We love India and want to become like India

“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere

“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives

“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems

“We realize our economic and political institutions are a mess and we must clean them up

“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.

10. January 1, 2009 A basis of India-Pakistan cooperation on the Mumbai massacres: the ten Pakistani terrorists started off as pirates and the Al-Huseini is a pirate ship

One of my finest teachers at the London School of Economics many years ago had been Professor DHN Johnson, a pioneer of the Law of the Sea Treaty; reflecting upon the aftermath of the Mumbai massacres, it occurs to me that the Law of the Sea Treaty may provide the most expedient and lawful recourse in present circumstances, as well as a proper and clear basis for cooperation between the Government of India and the Government of Pakistan in the matter.

Both India and Pakistan have signed and ratified the Law of the Sea Treaty which reads at  Article 101

“Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”

From the captured Kasab’s confession, it is clear he and his companions began their criminal activities within Pakistan (by training as terrorists and engaging in a conspiracy to commit mass-murder) and this continued outside Pakistan at sea:

“On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone.  Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman (Tandel) in the basement of the launch.”

Pirates in law are Hostis humani generis or “enemies of mankind”.    As signatories to the Law of the Sea Treaty, India and Pakistan may act jointly against the Al-Huseini and others associated with the acts of  piracy including the maritime murders of the Indian fishermen that preceded the Mumbai massacres, thus solving the question of jurisdiction before it arises.  The remains of the nine dead Pakistani terrorists presently in a Mumbai morgue  can be buried at sea in international waters by whatever funeral procedure is due to dishonourable sailors and pirates.  (The fish will not refuse them.)  Kasab can be tried as a pirate too — though he really needs an American defence attorney to plea-bargain for him as he turns State’s evidence against the real masterminds of the plot, some of whom may be presently in the custody of the Pakistan Government.

Subroto Roy

11. January 2 2009  How to solve the jurisdiction problem in prosecuting perpetrators of the Mumbai massacres: let the Pakistan and Indian Navies try them (and hang them) at sea as pirates

Should Pakistan hand over the terrorist masterminds now in its custody to India for trial for mass murder?  Should India hand over the captured Mumbai terrorist Kasab to Pakistan for trial as a mass murderer?   Such questions can lead to endless legal wrangling, no action, and no justice for all the many victims of the Mumbai massacres.  It is far more expeditious for both countries to instead hand over all these characters in their custody to their respective navies for trial and punishment as pirates who have violated the Law of the Sea.  The Pakistan Navy Chief and the Indian Navy Chief can agree to have their admirals meet with their respective prisoners for a rendezvous at sea in international waters.   A joint trial under maritime law can be conducted on board, say, a Pakistan naval vessel in international waters.  Pakistan’s terrorist masterminds can be hanged at sea on a scaffold aboard a Pakistan Navy vessel in international waters for crimes of  piracy, murder and conspiracy.  Kasab, if he turns State’s evidence, can plea-bargain for a lesser sentence;   if he does not turn State’s evidence, he can join his handlers on the scaffold (assuming he is of adult age and sane).  Pakistan’s terrorist training institutes, incidentally, will see a rapid decline in their admissions and recruitment figures once there are some well-televised hangings at sea.

Subroto Roy

12. January 16, 2009 Memo to the Hon’ble Attorneys General of Pakistan & India: How to jointly prosecute the Mumbai massacre perpetrators most expeditiously

A criminal conspiracy was hatched within the Pakistan Republic by persons known and unknown affiliated with an unlawful organization. The plot was to commit kidnapping, murder, robbery and piracy on the high seas, to be followed by illegal entry, criminal trespass, mass-murder, kidnapping, grievous bodily harm, arson, robbery, dacoity and multiple similarly heinous crimes in the Indian Republic, amounting to waging war against the Indian Republic and the Indian people. The conspirators commissioned services of at least 10 identified persons to be trained and indoctrinated as willing instruments in these multiple crimes, inducing them with money and other incentives.

Nine of these 10 persons came to be killed by Indian law enforcement authorities during the execution of their crimes; their mortal remains have remained in a Mumbai morgue now for more than one month and a half.

The tenth person,  one Kasab, was captured alive and is in custody. He has been a willing witness for the prosecution of these multiple crimes and it is principally due to his testimony that the precise sequence of events in the commission of these crimes has been able to be reconstructed by law enforcement authorities (as contained e.g. in the “dossier” submitted by the Indian Republic to the Pakistan Republic.)

Both the Pakistan Republic and the Indian Republic have jurisdiction to prosecute these crimes. The jurisdiction of the Indian Republic is obvious.

Pakistan’s jurisdiction arises from the Pakistan Penal Code which states

2. Punishment of offences committed within Pakistan: Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.3. Punishment of offences committed beyond, but which by law may be tried within Pakistan: Any person liable, by any Pakistani Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan. 4. Extension of Code for extra-territorial offences: The provisions of this Code apply also to any offence committed by “[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan];…. (4) any person on any ship or aircraft registered in Pakistan wherever it may be. Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code…”.

Furthermore, both the Pakistan Republic and the Indian Republic have jurisdiction from the Law of the Sea Treaty which both have signed and ratified and which states at Article 101

“Definition of piracy(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”

From Kasab’s testimony, it is clear he and his companions began their criminal activities within Pakistan (by training as terrorists and engaging in the conspiracy to commit mass-murder in India) and this continued outside Pakistan at sea:

“On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone. Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman … in the basement of the launch.”

Traditionally, pirates are Hostis humani generis or “enemies of mankind” in law (as are international terrorists).

In view of the competing jurisdictions to try and punish all these crimes, as well as in view of the regrettable historical circumstances of grave conflict and deep misunderstanding and mistrust between the Pakistan Republic and the Indian Republic, it may be most expeditious for there to be a joint investigation and prosecution under maritime law by the Pakistan Navy and Indian Navy of this entire set of crimes, assisted by civilian legal authorities in both countries. As signatories to the Law of the Sea Treaty, the Pakistan Republic and the Indian Republic may act jointly against the vessel Al-Huseini and all the others associated with the whole conspiracy including the acts of piracy and maritime murder of the Indian fishermen and the trawler-skipper Solanki preceding the massacres in Mumbai.

Both countries would hand over all the accused in their custody to their respective navies for trial and punishment as pirates who have or have conspired to violate the Law of the Sea. The Pakistan Navy Chief and the Indian Navy Chief can agree to have their admirals meet with their respective prisoners for a rendezvous at sea in international waters. A joint trial under maritime law can be conducted on board, say, a Pakistan naval vessel in international waters. The masterminds who conceived and plotted these crimes and who are presently in the custody of the Pakistan Republic can be hanged at sea on a scaffold aboard a Pakistan Navy vessel in international waters for piracy, murder and conspiracy. Kasab, if he turns State’s evidence, can plea-bargain for a lesser sentence; if he does not turn State’s evidence, he can join his handlers on the scaffold. The remains of the nine dead criminals presently in a Mumbai morgue can be buried at sea in international waters by whatever funeral procedure is due to dishonourable sailors and pirates.

Incidental consequences may be that future admissions and recruitment figures of terrorist training institutes would decline, and of course Pakistan-India tensions would be reduced once clear justice is seen to have been done expeditiously in this complex case.

Subroto Roy

13.  January 25, 2009 RAND’s study of the Mumbai attacks by Subroto Roy Kolkata

The conspicuously good thing that can be said about the RAND Corporation’s study of the Mumbai massacres (”The Lessons of Mumbai”, RAND January 2009) is that there is no sign of it having been affected by the powerful Pakistan lobby.  Far too many purported studies emerging from American or British “thinktanks” cannot say the same.

If anything, the ten American authors of the 25-pages of the RAND text have among them two prominent advocates of better US-India relations.  This is helpful to truthfulness because of the simple fact India has been in this case a victim of aggression that originated in Pakistan. Whether elements of the Pakistan Government were involved is almost the wrong question – if some retired underemployed former soldier drawing a Pakistan Army pension helped the Lashkar-e-Taiba’s commando training of the Mumbai terrorists, the existence of Pakistani state involvement is proved. Commando training requires technical skills of a sort that can only originate with a military.

In Pakistan as in any other large populous country including India, the state tends to be a hydra-headed monster and it may be foolish to imagine instead a rational, unified, well-informed or even a benevolent political entity.  State involvement in Pakistan, India, China or elsewhere is something hard to isolate when there is so much mixing of private and public property or misuse of resources arising from the public exchequer.

What Pakistan’s PR campaign has done after Mumbai is not so much raise the Kashmir dispute as to obfuscate things by shedding crocodile tears and pretending to share victimhood saying, oh we sympathise with you but please sympathise with us too as we have been victims of even bigger terrorist attacks by the same kind of people, we have lost Benazir, we have lost many more people than you have, therefore  cooperate with us and we will try to do what we can to help you in this matter.  English-speaking liberals educated at places like Karachi Grammar School have then appeared on Indian TV stations (owned by Delhi people from places like Doon School) purporting to represent Pakistan on “the Mumbai incident”; none of them can have much credibility because the real India-haters in Pakistan might cheerfully make them murder victims too given half a chance.

The RAND study deserves credit for avoiding all misleading Pakistani rhetoric about the Mumbai massacres and at least intending to try to get to the bottom of things in a systematic manner.  Beyond that, unfortunately, it has made logical and factual and methodological errors which cause it to fail to do so.

The key logical error made by the RAND authors arises from combining a central front-page statement

“Evidence suggests Lashkar-e-Taiba, a terrorist group based in Pakistan, was responsible for the attack”

with assertive suggestions about Mumbai’s police being backward, incompetent, cowardly etc (”passive”).  Yet how precisely did evidence about LeT culpability come to light?  Only because Mumbai’s police and the Railway police engaged, injured and then captured Kasab using their antiquated equipment the best they could.  There is no evidence of police cowardice at CST Station; to the contrary, it took courage to aim .303’s at adversaries firing back with assault rifles.  Kasab received his first hand injury there. ATS Chief Karkare and his fellow-officers may seem foolhardy in hindsight to have been driving in the same vehicle but they did engage their unknown enemy immediately they could and died doing so, crippling Kasab badly enough that he could be captured in due course at Chowpatty.  [Correction: it appears that though Kasab was fired upon by the police at CST Station  he  received both his hand injuries from the firing by the ATS squad.] And the Chowpatty police action showed obvious bravery in absorbing injury and death in order to kill Ishmail and capture Kasab.  (Kasab, among the youngest, had been paired with Ishmail, the apparent leader of the group.)

Furthermore, Kasab upon capture was treated humanely and lawfully.  His injuries were treated, he was produced before a magistrate within a week who asked him if he was being mistreated to which he said no.  Slumdog millionaire may get undeserved Oscars portraying torture of a British actor by Mumbai police but it is ridiculous fiction – Kasab the captured Pakistani terrorist mass murderer was not tortured by Mumbai’s police.

Contrast such Indian police behaviour with the “enhanced interrogation techniques” the Bush Administration used with negative results in Guantanamo and Abu Ghraib – which President Obama has now started to end.  Kasab, an ignorant misguided youth, was grateful enough for the humane and civilized treatment to start singing like the proverbial canary.  The result of that has been precisely all the evidence the Government of India has now presented to the world and Pakistan about the LeT’s culpability.

As for the anti-terrorist actions of the Indian Army, Navy and NSG, the RAND study is right to point to multitudinous errors and it is useful to have these listed in orderly fashion.  But many of these errors were obvious to millions of lay Indian citizens who watched events on TV.  The central fault was the scarcity of trained NSG officers and men, and the failure to apply standard emergency management protocols.

The RAND study, by relying overly on government sources, has failed to point to what ordinary Indian citizens already know – the NSG is being utterly wasted protecting our politicians.  India has no proper equivalent of the US “Secret Service”, and even if we did, we would probably waste that by spreading it too thinly among politicians.  As it happens if almost any politician in India today did happen to be unfortunately assassinated, the main mourners would be family-members and not the general Indian public.  Despite politicians constituting rather “low-value targets” for terrorists, India’s scarce anti-terrorist and police resources have been misallocated to protecting them.

Finally, the RAND study makes the lazy-man’s methodological error of supposing outfits like the LeT think and behave in a manner explicable by American political science textbooks, or ought to do so.  What Western analysts may need to do instead is learn from the old Arabist and Orientalist traditions of how to think and see the world from Eastern points of view.    But that may require greater self-knowledge than the modern world tends to permit.

Postscript:

My December 6 2008 analysis here titled “A Quick Comparison Between the September 11 2001 NYC-Washington attacks and the November 26-28 2008 Mumbai Massacres (An Application of the Case-by-Case Philosophical  Technique of Wittgenstein, Wisdom and Bambrough)” is republished below.  I have corrected “Rome Airport” with “Lod Airport” on the basis of  reading the RAND report, though may not have received the courtesy of acknowledgment for the reminder of the  Japanese Red Army attack….

14. February 9 2009, Pakistani expansionism: India and the world need to beware of “Non-Resident Pakistanis” ruled by Rahmat Ali’s ghost

The Government of Pakistan is said to be due to release its initial report on the involvement of Pakistanis in the Mumbai massacres.  It is reportedly expected that the G o P will partly if not mainly or wholly attribute responsibility for the planning of the massacres to expatriate  Pakistanis  in other countries, perhaps in Europe and Britain.  If so, a fact the Government of India might find prudent to recall is that the Government of Pakistan in bygone decades did deny citizenship to Rahmat Ali himself    (who invented the acronym “P, A, K, I, S, T, A, N” ) and even deported him back to Britain from where he had carried out his vituperative and bigoted campaign against Hindus.

Rahmat Ali’s British grave has become a site of pilgrimage for expatriate Pakistani extremists and his ignorant hate-filled ideology from the 1930s has been inspiring their modern manifestos.  I said this in an article published in Karachi’s Dawn newspaper in 2005, which also pointed to Iqbal and Jinnah’s disdain for Rahmat Ali’s views (see “Iqbal and Jinnah vs Rahmat Ali” republished here).  American nationals and  British subjects of Pakistani origin inspired by Rahmat Ali’s  ghost are spreading theories of Pakistani territorial expansionism at the cost of the destruction of the Indian Republic and many other countries.

The fact that at one such website recently I myself, presumably because of my Hindu name and Indian nationality, have been referred to as a “monkey- or donkey-worshipper” :D may speak to the somewhat  rabid nature of such ideologies.  (Drat! And there I was expecting some elementary Pakistani courtesy and acknowledgment let alone gratitude for having created, at great personal cost at an American university twenty years ago, the volume with WE James titled Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s with its mundane chapters on agriculture, macroeconomics, education etc!)

Incidentally, British newspapers are reporting today that America’s  CIA has been deeply concerned about British subjects of Pakistani origin being a source of international terrorism. It may be pertinent to recall  that terrorism in India’s Punjab had much support among numerous Sikh expatriates and immigrants in North America and Britain, and the same kind of thing may be true of Tamil expatriates from  Sri Lanka.  Being isolated and alienated as immigrants in a foreign country may lead to psychological conditions that contribute to such phenomena, whereby political and other events in the faraway country-of-origin take on exaggerated proportions in an individual’s mental make-up.   Certainly Rahmat Ali himself was a rather tragic lonely figure who wasted his own potential to properly contribute to Pakistan’s political history  through his own self-blinding hatred of Hindus.

SR

15. February 11, 2009 Kasab, the young misguided Pakistani mass-murdering terrorist, needs to be given political asylum in India! (Matt Damon, Will Smith: here’s a real-life case!)

Life imitates art or rather Hollywood again as young Kasab, the misguided primary-school dropout Pakistani mass-murdering terrorist caught by Indian police after the Mumbai massacres,  becomes a kind of Jason-Bourne/Enemy-of-the-State character who is said to be being targeted now by Pakistan’s terrorist masterminds for not being dead already! There have been all kinds of weird assassinations by and of government agents using poisoned umbrellas and radioactive pills etc in real life, and who is to say that young Kasab is not going to be given a small cyanide capsule along with a letter of farewell from his parents when His Excellency the High Commissioner’s consular agents receive access to him?

Shortly after Kasab’s remorseful confessions (which flowed from his natural gratitude at having survived and having been treated humanely by Mumbai’s police), I said here that if I was the judge trying him, I would send him to an Indian prison for 20 or 30 years (given his 20 or 30 murder victims), but I would add that he should be occasionally, say once a year, permitted to offer namaz at India’s grandest mosques. He could become a model prisoner,  possibly a potent weapon against Pakistan’s terrorist masterminds who have ruined his life and now wish him dead.

(Message to Matt Damon, Will Smith and assorted Hollywood cinematic personalities:  there is a confessed, remorseful mass-murdering 20-year old Pakistani terrorist in an Indian prison who is being targeted by the very people who sent him on his vile mission.)

In present circumstances, young Kasab needs to seek political asylum in the Indian Republic as his life in his own Pakistan Republic is as good as over for political reasons. He would become the first person ever in history to receive political asylum in a country that he attacked despite being a confessed terrorist mass-murderer.   But Mahatma Gandhi would have approved and smiled at the irony of it all!  Ahimsa paramo dharmaha in practice.

SR

16.  February 12 2009, Thanks and well done Minister Rehman Malik and the Government of Pakistan

The Hon’ble Rehman Malik and the Government of Pakistan have done very well, all things considered, in taking forward the criminal investigation into the Mumbai massacres, based on the evidence provided by Indian authorities that arose from the cooperation and testimony of young Kasab, the captured  Pakistani terrorist.   I am hopeful the Government of India will provide a serious well-considered response too, though our private TV channels continue frequently to be rather juvenile, sensationalist and inflammatory caused by their overall lack of editorial competence.

As foreseen here over the last two months, a very serious problem of international  law  still arises  due to the competing jurisdictions in the prosecution of this complex case,  since both the Indian Republic and the Pakistan Republic have jurisdiction.   I continue to believe that a joint prosecution  by the Pakistan Navy and the Indian Navy under the Law of the Sea in international waters (conducted on board, say, a Pakistan Navy vessel) may be the most expeditious way to bring this whole tragic and awful matter to proper closure.

In the meantime, the Government of Pakistan has done well and deserves Indian thanks.  Recall, by way of contrast, that investigations of many of Pakistan’s major political assassinations, from Liaquat Ali Khan and Dr Khan Sahib to Zia ul Haq and Nawab Bugti and Benazir Bhutto herself, still remain in the dark.   We in India tend to solve our political assassinations better but in recent  times our police have failed  woefully to solve several ghastly and notorious personal murders.

Subroto Roy, Kolkata

17. March 18 2009. Pakistan’s progress

Nine months ago, on June 9 2008, I wrote but did not publish the op-ed article below “Pakistan’s progress” intended for an Indian newspaper.   When the Mumbai massacres took place, I was rather glad I had not come to do so  because its cheer and optimism contrasted too starkly with the vileness and viciousness of the massacres.  Instead I turned to the legal, moral and political implications of the massacres, and several articles are to be found here on Kasab, competing jurisdictions in international law in prosecuting the crimes, and application of the Law of the Sea Treaty (which both countries have ratified) to jointly try and hang the masterminds at sea in international waters.  Pakistan’s initial criminal investigation into the massacres received praise here, and I can only trust that both the Government of India and the Government of Pakistan will remain forensically focussed on that case of mass-murder and other heinous  crimes until its appropriate conclusion.

Meanwhile, recent political events in Pakistan have made the article below relevant again; when it was written Pervez Musharraf had still not departed from office but the more abstract constitutional question raised in the article had to do with the relative powers of the Head of State and Head of Government in the new Pakistan.  With the peaceful restoration of the Chief Justice to his high office, I am glad to say that the question I raised  but did not publish nine months ago, namely, “A rare constitutional consensus might be developing – can it last long enough?”, seems to be headed at present to being answered in the affirmative.

Subroto Roy, Kolkata, India

“Pakistan’s progress: A rare constitutional consensus might be developing – can it last long enough?  Subroto Roy, dated June 9 2008

The dynamic evolution of politics in Pakistan should be judged not against Indian politics (rotten or exemplary as our politics can be at different times) but against its own initial conditions.   It is an unimaginable luxury that Pakistanis in recent months have been discussing such sweet constitutional questions as how to restore judges unseated by soldiers having entered the Supreme Court, what to do with judges who took an oath despite such an abomination, how to maintain diplomatic relations between the PPP and PML(N),  and most important of all, whether the military with its nuclear assets should report to the PM or President – in other words, is the Head of Government or Head of State the Chief Executive?   It is a luxury too that Pervez Musharraf has become almost a distraction in Pakistani politics, that he himself indicates he may be running out of dramatic lines and may be getting ready to exit his country’s political stage, that the Pakistan Army is shocked by its realisation of its loss of prestige in society, that the Ex-Servicemen’s Society thinks Musharraf deserves punishment for having caused such a state of affairs.  Dr Ayesha Siddiqa has pointed out that every Pakistani military strongman has been eventually removed, and has been removed not by democratic forces alone but by intra-military pressure.

It is likely we are at present witnessing such a critical moment, and it is naturally fraught with danger for any civilian prime minister and parliament because any intra-military conflict can descend into mutiny or worse.  Pakistan Army officers have been deeply divided for years over Islamicisation already — onto which is now compounded the issue of loyalty to Musharraf (mostly paid for in American dollars) versus the urge to remove him in the best future interests of the military.  Musharraf himself, with his usual braggadocio, has been claiming fealty to constitutional principles as well; so at least there is agreement on all sides that matters should proceed in an orderly and dignified manner and not by nefarious means.

The relevant comparison of the present situation is with the recent past.  Let us look back just a few years, say to the autumn of 2005 when the initial post 9/11 Western backlash against Pakistan had been renewed after the London Underground bombings.  On 1 September 2005, during the scheduled Islamabad visit of the Indian Foreign Secretary, the PAF launched massive month-long war-games against an assumed Indian enemy.  It involved “the entire fleet, including US-made F-16s, French Mirage fighter aircraft and Chinese-built jets” and “using all assets” in an exercise “closest to war you can get in peacetime”; from the Hindu Kush to the Arabian Sea “8,200 operational sorties” would be flown, Shaukat Aziz witnessing the start, Musharraf the finish.  Hardly had this orgy of militarism concluded when northern Pakistan and parts of J&K were hit by the devastating earthquake; Musharraf visited quake-hit areas still dressed in battle gear down to his para wings.

Pakistanis of all classes were appalled at the ineptitude of their government in face of the earthquake and it was inevitable the military would be held responsible.  What had been the opportunity cost in fungible resources of those “8,200 operational sorties”?  The military’s extremely expensive “assets” were designed for war with India and had bankrupted the country but ordinary people had been left utterly helpless in a natural calamity.  Future historians of Pakistan may well see the 2005 earthquake as a critical turning point in their political development just as the 12 November 1970 cyclone was in the history of Bangladesh.

A modern war between Pakistan and India, even a non-nuclear one, would be like a hundred earthquakes.  Indians have not been so jingoistic as to contemplate such an exchange of destruction but less than a decade ago Gohar Ayub Khan, as Pakistan’s Foreign Minister, was boasting how India would surrender within a few hours in the next war – which was presumably a threat to unleash missiles, even non-nuclear ones, as a first resort against Indian cities and civilian populations.  That such abominable Pakistan-India tension has today come to vanish might have been indicated during the recent IPL cricket final when Kamran Akmal jumped onto Yusuf Pathan or crashed into Mohammad Kaif as commercially driven team-mates led by an Australian captain and associated with what used to be Hindu Rajputana.  So much for the “Two Nations Theory” in the 21st Century.  Maulana Azad seems to have been proven right and MA Jinnah proven wrong after all.

The Pakistani state had become an oppressive war-machine solely guided by anti-Indian paranoia even while ordinary Pakistanis, through modern communications and technology, knew fully well India and Indians were not nearly as bad as the Pakistan Government was making them out to be.  From an official Pakistani point of view, a nuclear bomb (even a purchased and assembled one) was needed out of fear India intended to destroy what remained of West Pakistan – a theory that could arise only from the delusion that Bangladesh had been caused by Indian intrigues.  The Pakistan Army has been reluctant for more than a generation to face up to the reality of its behaviour in East Pakistan and the consequences that resulted; it has been far easier to blame India instead.

Yet Pakistan’s national hero, AQ Khan himself, born in Bhopal and extremely bitter at modern India as many former Indian nationals tend to be, has now said “Never! Never!” will there be an exchange of destruction in nuclear warfare between India and Pakistan.  It may be a wise Indian diplomatic move to invite Dr Khan, stricken with cancer as he is said to be, to make a quiet private visit to his place of birth if he wished to (perhaps followed by a courtesy luncheon at BARC on the way home).

Of course Indians cannot forget the destruction that has been wrought in this country in recent years by our old Bogeyman, the ISI.  Yet it is a fair bet that not only do we not comprehend the workings of that particular bureaucracy, nor do Pakistanis themselves,   indeed the ISI itself may not comprehend itself in the sense that different ISI sections have been and may remain at cross-purposes or conflict with each other as has become apparent in the ongoing official attempts to suppress the new “Taliban”.  Proper civilian control of the ISI is part of the same process as the proper civilian control of the Pakistan military as a whole, and what we are witnessing is nothing less than the first serious constitutional attempt in Pakistan’s history for that to take place.  The whole subcontinent is hopeful and watching Pakistan’s transition.  In the meantime, a milestone was certainly reached on 25 May when Pakistan’s young and brilliant sufi rock band *Junoon* performed in beautiful Srinagar to the delight of thousands of Kashmiris.   The “United Jehad Council” and Syed Ali Shah Geelani had denounced them; in reply the band’s lead guitarist Salman Ahmed had the courage to say: “I want them to join us in the musical *jehad* for peace and ring the bells of harmony.”  For peace to break out will of course require India’s participation and willingness as well.”…

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