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
March 18 2009
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.
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.
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.”