Some legalities of the JUI (F) Dharna

Author: S M Hali

The JUI (F) Dharna (sit-in), which has finally dispersed, has raised more questions than providing solutions. Whereas it is the legal right of any entity to protest peacefully, there are specific norms that are observed by civilized societies. Pakistan has had its fair share of protests, some violent and some not so violent. The previous major Dharna was in 2014 in which two political parties, Allama Tahir-ul-Qadri’s Pakistan AwamiTehreek (PAT) and Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) locked down the capital for 126 days and called it a day only when a judicial commission was appointed to look into their grievances.

Both the political parties had grievances of rigging in some constituencies during the 2013 general elections. Apparently both parties had exhausted democratic options to redress their grievances and took to the road when they failed to get justice. The protesters comprised members and supporters of both political parties. The difference here is that the JUI (F) Dharna consists of students from various seminaries run by the Deobandi Madrassah Dar-ul-Uloom, the powerbase of JUI (F).

Readers may recall that following the 1979 Soviet invasion of Afghanistan, a large number of Mujahedeen, who waged a guerrilla war against the Red Army, were drawn from Deobandi seminaries, which received considerable CIA and Saudi funding. The Soviet Union eventually withdrew from Afghanistan, and Deobandi became the religious base for much of the Taliban movement that ruled Afghanistan until 2001. Many Taliban leaders and fighters including its founder Mullah Omar are products of Deobandi seminaries, many of which were also influenced by Wahhabism due to Saudi funding. Even Hakimullah Mehsud, the commander of Tehreek-i-Taliban Pakistan (TTP), studied in a Deobandi seminary in Hangu District of the North-West Frontier Province now Khyber Pakhtunkhwa (KP). TTP wreaked havoc in Pakistan following the Lal Masjid debacle in 2007.

A highly disturbing aspect of the JUI (F) Dharna was the presence of underage madrassah students. These children were not only exposed to the inclement weather, rain and bitter cold but also there have been reports of some of these children being subjected to illegal acts of moral turpitude by elders

Since Maulana Fazlur Rahman wields considerable influence on the students of the Madrassahs as the pupils are sent by impoverished parents for availing of free education, lodging and boarding, they are prone to follow the Maulana’s every bidding. Small wonder then that a sizable number of these students were commandeered to form the private militia Ansarul Islam. Weeks prior to the Azadi (Freedom) March, propaganda videos emerged showing a training camp of this sub-organization of the JUI-F, depicting them in Khaki uniforms wielding sticks painted in the colours of the JUI (F) banner. The Maulana was shown being presented Guard of Honour. Images of the stick-wielding young men ignited debates on primetime talk shows, forcing the hand of the government to ban the force. However, later the judiciary intervened and had the ban lifted. It goes to the credit of the JUI (F) that the Ansarul Islam did not create a law and order situation but it did not remain confined to the venue designated to the Dharna. In its spare hours members of the stick wielding force were observed in sightseeing locations in Islamabad, shopping plazas and patrolling various streets, causing the local residents to be traumatized by the presence of these armed youth.

Another interesting feature of the Ansarul Islam is its intelligence wing, named after Hazrat Huzaifa bin Yaman, one of the companions of the Holy Prophet (PBUH). Workers in the intelligence department stay in plain clothes. They are tasked to keep an eye out for suspicious people or activities near and around the public gatherings. Furthermore, they are also watchful of the police and intelligence forces to prevent them from arresting their top leadership. In case of an emergency or during time of chaos, the intelligence wings charts out an exit route for the safe escape of its leaders.

The other aspect, which is highly objectionable is some elements of the Dharna waving the Afghan Taliban’s flag at the JUI-F’s Azadi (Freedom) March in Islamabad. JUI-F leaders like Maulana Ghafoor Haider, when asked to comment, feigned ignorance of their existence. The Islamabad police acted after pictures and videos were shared of some people waving Afghan Taliban flags.

A third and highly disturbing aspect of the JUI (F) Dharna was the presence of underage madrassah students. These children were not only exposed to the inclement weather, rain and bitter cold but also there have been reports of some of these children being subjected to illegal acts of moral turpitude by elders.A
These developments merit the attention of the Supreme Court of Pakistan to rule against the presence of Afghan nationals in the protest marches and consider banning of all participants under 18 years of age to form part of protest sit-ins. As far as the Afghans are considered, it would be difficult to weed them out since many of the refugees have merged in local society, some of them have acquired Pakistani CNICs and present themselves as Pakistani nationals. The juveniles definitely need protection, while there should be a clear mandate regarding the maintenance of private militias. Political activities will continue but the maintenance of democratic standards necessitate legislation to ensure peaceful protests devoid of exploitation.

The writer is a retired Group Captain of PAF. He is a columnist, analyst and TV talk show host, who has authored six books on current affairs, including three on China

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