The most important question before the judges will be whether calling a general ‘beghairat’ is a bigger crime than forcibly abducting tens of thousands of Pakistanis and torturing them to death.
Arif Jamal
Registration of an FIR against Ms. Imaan Zainab Mazari-Hazir, a prominent human rights attorney and activist is a dangerous attempt to silence protesting voices against their unlawful policy of forcibly abducting Pakistani citizens who ask for their constitutional rights – particularly in Balochistan and Khyber-Pakhtunkhwa. Lt. Colonel Syed Humayun who works in the office of the Judge Advocate General – the legal department of the General Headquarters — lodged the complaint against Ms. Mazari-Hazir after she accused General Qamar Javed Bajwa of forcibly abducting her mother and former federal minister in the PTI government, Dr. Shirin Mazari, and called him ‘beghairat’ (shameless). The circumstantial evidence shows that the military was behind Dr. Mazari’s enforced abduction.
Police registered the case against Ms. Mazari-Hazir under PPC 138 and PPC 505 after receiving the compliant from Lt. Colonel Humayun. PPC 138 deals with abetment of act of insubordination by soldier, sailor, or airman and PPC 505 deals with statements conducting to public mischief. In the past, the military acted through their civilian agents whenever they needed to take such a step. It is probably for the first time that the Pakistan Army has openly become a party to a criminal complaint against a Pakistani citizen. Coming out in the open against Ms. Mazari-Hazir shows they are serious in silencing her – and voices like hers.
Pakistani military has been forcibly abducting — and torturing to death — Pakistani citizens for at least half a century now. Asad Mengal – son of former chief minister of Balochistan Ataullah Mengal and brother of former chief minister Akhtar Mengal – was probably the first high profile enforced abduction in the early 1970s by the Pakistani military. Asad Mengal was tortured to death in illegal custody and buried at an unknown place. As many enforced abductions go unreported, the accurate data on the enforced abductions is not available. All estimates agree that the number of enforced abductees runs in tens of thousands. In Khyber Pakhtunkhwa, the Pakistani military’s policy of forcibly abducting — and torturing to death — thousands of people gave birth to a popular movement known as Pashtun Tahafuz Movement (PTM). In Balochistan, thousands of Baloch women have been holding protest marches in different parts of the province. The enforced abductions of the Baloch students studying in Punjab and their racial profiling has also brought Baloch students and their supporters on the roads now. Baloch student protests and protest camps have become a norm in many cities of Punjab.
Lt. Colonel Humayun’s complaint is worth quoting verbatim – at least in part — (it is produced here un-edited) to understand the military’s designs. The complaint says, “Her derogatory statements are highly disparaging aimed to cause and incite mutiny/intimidation amongst Rank and File of Pakistan Army. It also leads to ridicule and create hatred within the Pakistan Army which made out a serious offence, In addition she defamed the senior command of Pakistan Army as well, such statements , made with the intent to cause and create unrest and Chaos in the Pakistan Army which is also leading to the punishable offence. Her insightful statements also aids/ abets an act of insubordination by officers/ soldiers of Pakistan Army. Antecedent , There are reasons to believe that such act will harm the reputation of army and senior leadership. Such statements of Imaan Mazari are clearly reflective of her intent to cause a fear and alarm to the public thus inducing to commit offence against the state it is imperative that strict legal action be taken against Imaan Mazari.”
The case against Ms. Mazari-Hazir will once again test Pakistan’s judicial system which has a long history of failing the people of Pakistan. The most important question before the judges will be whether calling a general ‘beghairat’ is a bigger crime than forcibly abducting tens of thousands of Pakistanis and torturing them to death. Another question would be why they have filed the complaint against only Ms. Mazari-Hazir while dozens of people have used harsher words for General Bajwa and the military itself in recent weeks. Former prime minister Imran Khan Niazi’s supporters have used all kinds of curse words for Pakistan Army and generals. In a video clip that has gone viral on the social media, a lady calls past and current army chiefs Israel’s and America’s dogs. She is wearing very expensive jewelry and is presumably the wife of a retired general. Targeting Ms. Mazari-Hazir is aimed at silencing any protesting voices in the country. The judges must decide the cases of illegal enforced abductions of thousands of peoples by the Pakistani military before they try Ms. Mazari-Hazir. If the military men are tried for illegal enforced abductions, many generals would be found of committing high treason and half of the Pakistani military would be behind bars for between seven to 14 years under Pakistan Penal Code 359-374.
Under Pakistani laws – like in most countries – the military is supposed to work under the ministry of defense. If Ms. Mazari-Hazir had rally broken any law, it was for the government through the secretary of defense to initiate any legal action against her. She has been providing free legal aid to the victims of Pakistan Army’s crimes for the last few years. If she is a thorn in the side of the Pakistan Army, she is a resistance icon for the victims of Pakistan Army’s crimes against humanity. But the Pakistani military has a long history of breaking Pakistani laws and getting away with that. If the courts really could implement the law, they would probably dismiss the complaint on the very first hearing. But this is probably expecting too much from the Pakistani judiciary. Follow us on Twitter @AlterVoices
