Burden of proof

Author: Daily Times

There is no doubt that the death of 40 Indian security officials in the Pulwama attack on February 14 was a tragedy. Regardless, New Delhi’s demand that Islamabad simply hand over Jaish-e-Muhammad (JeM) Chief Masood Azhar cannot be fulfilled by the Pakistani authorities until they are provided with the requisite evidence. This would mean solid proof that Azhar was a part of the planning process or execution of the Pulwama attack, because regardless of how great a calamity may have hit its neighbour, a sovereign state cannot simply suspend its own laws, especially considering that Azhar is a Pakistani citizen and not an expat from another country. In short, Azhar is protected by the Pakistani constitution.

Let’s not forget, the constitutional rights of several Pakistani citizens were suspended during the Musharraf era in the aftermath of the September 11 attacks when numerous citizens accused of being involved in terrorist activities were handed over to American authorities. The result was that trust between Pakistani citizens and the state have eroded. That is a road that this country ought not to tread down again.

Even though there are reports in the international press stating that the JeM has claimed responsibility for the Pulwama attack, the source of this information has still not been confirmed by any authority. As such, the onus is on India to prove that the JeM and Azhar are responsible for the Pulwama carnage.

Furthermore, Pakistan’s Foreign Minister (FM) Shah Mahmood Qureshi has already stated that he is open to any step that would lead to de-escalation in the post-Pulwama hostilities between Pakistan and India, including engaging in dialogue and considering any actionable evidence against JeM and Azhar that New Delhi may have to offer. In this context, New Delhi’s one-sided demands and violation of Pakistani airspace are both counterproductive and highly irresponsible. The Bharatiya Janata Party regime must realise that its refusal to engage in bilateral dialogue with Pakistan is not making the subcontinent safer or helping the fight against terrorism.

On the other hand, Pakistan must nevertheless start investigating the role of JeM and Azhar in the Pulwama attack on its own. *

Published in Daily Times, March 2nd 2019.

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