Daily Times

The post-2008 quandary is that the only province of Pakistan over which the military holds sway is Balochistan. The next part of the predicament is that the military is loathe to compromise its influence upon Balochistan. A debate must be initiated in the media on the reasons for this.

On May 23, 2012 while hearing the missing persons’ case at the Quetta Registry of the Supreme Court (SC), the Chief Justice of Pakistan (CJP) observed that the constitution was being violated in Balochistan. That is, civilians were deprived of their fundamental rights at the hands of the military and its allied departments. A debate must be initiated in the media on the reasons for this.

The question is who is responsible for retrieving Balochistan from the military and bestowing on the Baloch their fundamental rights as enshrined in the constitution? The answer to this question lies in understanding the projected functions of the National Assembly and the expected roles of the Leaders of the House and Opposition. Clearly, all are underperforming. A debate must be initiated in the media on the reasons for this.

Of the current effort of the SC in resolving the Balochistan crisis, at least four positive outcomes can be counted. First, the SC is determined to bring the military and its allied departments under the prescribed constitutional mandate. The SC has warned the government that such a step of the SC may infuriate the military, which is in the habit of overstepping constitutional limits, including the imposition of martial law. Further, by using the word ‘emergency’, the SC conveyed its intentions to the federal government that the SC could call upon the military (which is an executive arm of the state) to assist in the implementation of its orders.

The second positive outcome is that the SC has shown its resolve to punish those who do not comply with its orders. On non-compliance with the court orders to appear in person, the CJ ordered registration of a case against the Balochistan Home Minister Mir Nasirullah Zehri. By so doing, the SC tried to aver that it was ready to set a precedent by, perhaps, removing the DG ISI or IG FC from their posts for non-compliance with the court’s orders on the recovery of the missing Baloch.

The third positive outcome is that the SC is determined to stretch (and reassert) the limits of the fundamental rights of the people of Balochistan. That is, the rights denied to them should be given back to them. During the proceedings of the case, the CJ said that the SC meant business and people would see it happening. Perceivably, the SC is in no mood to let this historic opportunity of resolving the Balochistan crisis be squandered. The Baloch have all the rights to live as free people reside in other provinces of the country. The Baloch were in need of a sympathetic ear of the state to listen to their grievances. The SC has provided the same. The interaction is bound to produce some concrete result.

The fourth positive effect is that having seen the determination of the SC in resolving the Balochistan issue, Sardar Akhtar Mengal, former chief minister of Balochistan, has decided to become a party to the case. The intent of Mengal is a breakthrough in the Balochistan case. His entry kindles a ray of hope for solving the issue as per the aspirations of the Baloch. It is hoped that more Baloch leaders become a party to the issue and get their grievances addressed at the SC.

The Supreme Court Bar Association (SCBA) should be praised for its effort on May 26 for organising a national conference on identifying the menaces ravaging Balochistan and proposing a 15-point solution for that as mentioned in the consequent Balochistan Declaration. Earlier, several political parties had announced all parties’ conferences but failed to muster up courage to materialise their announcements. The success of the national conference on Balochistan means that all political parties repose confidence in the SCBA and are ready to go along with it on the path to the resolution of the Balochistan crisis. Two solutions can be considered the pith of the announced 15 points: jettison the military from Balochistan and encourage politicians to play their role in Balochistan.

Generally speaking, frequent military rule in Pakistan has made people less democratic and more autocratic. People have become non-compromising and nurse rigidity in their attitudes. If the Baloch dissidents are replicating the same, it should be of wonder to no one. They have learnt this attitude as a way of life in Pakistan.

The tragedy tormenting Balochistan is that one military operation ends and another begins. The respite is not lasting but fleeting. The Balochistan of today needs a permanent solution — a solution that excludes the possibility of any fresh military operation. The SC is determined to provide that. The absence of democracy makes discontent brew. The solution lies in dispensing democracy and more democracy and not oppression. As Balochistan lags behind in democratic experience, there is in an urgent need of democracy at both the provincial and local levels. Free and fair elections will prove a panacea to the ills of Balochistan.

Postscript: On May 24, in the evening, two low-level officials of some intelligence agency took rounds on a motorbike around my home in Lahore and asked the area people about me, my movements, my guests, type of car, job nature, credentials, personal details, family, friends, and what not. They shied away from meeting me but kept on asking one question repetitively: “Does any ‘foreigner’ come to see this person?” I give them the answer now. Neither any foreigner nor any Baloch bothers to visit me. My suggestion to them is instead of studying me, study the Balochistan issue and become a strident supporter of the Baloch. Further, instead of intimidating or harming me, prod your toady columnists (who are in abundance around) in the media to compete with me.

The writer is a freelance columnist and can be reached at qaisarrashid@yahoo.com