By Jawad Raza Khan

Jind-ullah men responsible for Ashura attack in Karachi escaped through a dreadful attack on police, right in the courts premises. CIA building in Karachi has been bombed by a suicide attacker, high value targets feared to be escaped. Two brothers gunned down in Feroze wala courts, incidentally in police custody. Security agencies are frustrated due to no or delayed actions against the apprehended terrorists.

These types of headlines are easily digestible in a Bollywood action packed, high voltage BHAI LOG movie but a country who is fighting the most sophisticated form of warfare in the history of mankind is putting its survival on stake by neglecting it. Readers, this is real and very recurrent in Pakistan.

 Warfare is now an interlocking system of actions, political, economic, psychological, and military-that aims at the overthrow of the established authority in a country. I got this definition of modern warfare (terrorism) from a book written by Roger Trinquier, a French writer “Modern Warfare a French view”. Thanks to the writer that he has written it as French view because we are always excited to apply foreign researches on our own people and land without its necessary analysis and expected impacts on our own society.

When Westerners discuss counter insurgency operation in a third world country like Pakistan they always make religious intolerance and economy as an imperative to be looked in. They also claim to be believer of the fact that for a successful counter insurgency operation after flexing the military muscle, education and economic activity needs to be flooded in. We all believe in it and make our priorities and plans as per the same precedence; incidentally we apply it without scrutinizing our own strong and weak points with our culture and religion in the backdrop.

Swat insurgency finds its roots in incompetent judicial system which was not like that before 1969; people of Swat use to enjoy an efficient and speedy justice system.  The slogan was very timely, smartly and comprehensively used by the TTP Swat, at first, the Taliban gained public support with promises of speedy justice. But public beheadings and floggings outraged many in Swat, a former tourist paradise beneath lush mountains.

Pakistan Army operated in a highly professional manner to out root the terrorists, and the world saw another exodus in the form IDPs from Swat valley. Military muscle did the trick, many were killed, rest apprehended and the planet witnessed one of the speediest returns of IDPs after a successful counterinsurgency operation which has no such precedence in the history of Warfare.

In the basic concept of military doctrine decision factors are mission, enemy, terrain and resources but this modern and unique warfare cannot rule out one most important factor and i.e. the inhabitants. In case of Pakistan the state of affairs of its citizens can be easily drawn from the state of fatalities received by the local people during terrorist activities. It must also be borne in mind that these brave residents are also playing a role of combatants in this type of warfare, rather to be fair and square they have suffered more than the combatant soldier.

                                                    Fatalities in Terrorist Violence in Pakistan: 2003- 2011



Security Forces (SFs)































Security agencies along with their intelligence tentacles have been able to arrest many of the terrorists and claimed to have broken numerous networks as well. If, I just total up the number of terrorists apprehended in Swat, FATA and in other parts of the country as shown on media, their number without exaggeration will be in thousands. On the other hand, to deal these thousands of prisoners of war there are only 41 ATCs (Anti Terrorist Courts) all over Pakistan with mere 11 in the most affected province of KPK.

The quantity analysis of the justice machinery will seems to be more promising if we analyze the efficiency of courts qualitatively. It can be summarized in just one sentence “Not a single capital punishment has been awarded and executed to any terrorist in Pakistan. On the other hand Pakistan have seen the most brutal part of this insurgency with deplorable economy, social problems, psychological trauma, power shut downs and loss of precious human lives.

With above in foregoing, you may not be astonished to hear that, there are round about 2000 pending cases in ATCs of Pakistan against the apprehended terrorists.

If you start digging out the reasons for this unjustifiable in justice, that to, in a war hit country, it triggers the blame throwing game. The Chelan was not properly filed; no sufficient evidence has been provided by the prosecutor. There is no witness of the crime scene. In turn most of the apprehenders are set free. Ready to operate with more conviction and determination against the innocent Pakistani people.

It seems that our nation and security forces has learnt the art of living with and operating against this menace, respectively, but our decaying judicial system has not been able to cope up with this violent change. The independent judiciary is a real hope for this bereaved nation, but it looks that they are more busy with:

Political issues

Power shift formulas

Constitutional probes

And most astonishingly Rights of GEO and Cable Operators

It makes me remind of Winston Churchill during world war II, when his aides used to come and inform him about the number of German sorties ready to bomb London and his question use to be the same every time, Are the people of England getting justice? Indeed sounds strange! But has mammoth logic behind it.

It should also be taken into consideration that England at that time was fighting a conventional war and we are in the midst of a cruel and horrifying insurgency, where inhabitants now demand smart and efficient judicial moves by the Judiciary more than ever.

The role of Parliament expected in this connection is far superior to the performance it has shown over the period of three years. Following is suggested in this regard.

The constitutional amendments required for speedy and efficient justice to be finalized

Parliament as executive has to provide workable solution to the judiciary so that it can play its extremely vital part, when the nation is at war.

There is yet another constitutional way out from this fiddly situation, if we dealt with these anti state elements captured by security forces as Prisoner of War (PoW). Military courts for execution of these cases can be a better solution for sharing this load with judiciary. Civil courts and military courts working hands and gloves can steer the ship of our nation to safety. This may look unorthodox but is certainly constitutional, provided the three main can sit and sort it out at the highest level.

Difficult decisions are required to be taken when national interest is at stake.

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Kites rise highest against the wind, not with it. (Winston Churchill