Daily Times

Being born and bred in Pakistan can leave one confused on many issues. When we read the word ‘ban’, it refers to something forbidden, legally prohibited, and if another phrase is attached to it, that would certainly change the whole meaning of it. Like the word ‘banned religious outfits’ in Pakistan refers to banned religious/militant organisations categorised as such, enlisted to be identified as dubious groups. But are they really banned? The two prime functions — of disseminating their ideology and money inflow — are miraculously saved and steered smoothly through the prohibition laws.

Go out in the street, on the main road, anyone can see posters and banners of many of the banned religious organisations printed and hung on electricity poles or pasted as back screen on rickshaws, providing a mass level access to their otherwise banned messages. Some of these banned organisations like the Jamaat-ud-Dawa, Al Akhtar and Al Rashid trust are enlisted under the United Nations Security Council Resolution 1267. The content of these messages range from condemnation of building new ties with India to stressing on maintaining hostility towards ‘Bharat’ (India), claiming violence to be the only possible mode of relationship between India and Pakistan. It might not surprise a layman walking down the street but what about the authorities? Pakistan’s Anti-Terrorism Act 1997 clearly states the prohibition on the banned organisations:

11-W: Printing, publishing, or disseminating any material to incite hatred or giving projection to any person convicted for a terrorist act or any prescribed organisation or an organisation placed under observation or anyone concerned in terrorism.

1) A person commits an offence if he prints, publishes or disseminates any material,

whether by audio or video-cassettes or by written, photographic, electronic, digital, wall chalking or any method, which incites religious, sectarian or ethnic hatred or gives projection to any person convicted for a terrorist act, or any person or organisation concerned in terrorism or any person, organisation or an organisation placed under observation. Provided a factual news report made in good faith shall not be construed to mean ‘projection’ for the purposes of this section.

This blatant violation of the anti-terrorism law can be witnessed all over cities anywhere in Pakistan. In other words, the so-called banned organisations have been left on their own to enjoy the rights of a state recognised organisation functioning under the laws of the land. The question is why we have to tag them as banned outfits if they can operate as any other legal organisation working in Pakistan. What is the use of labelling them as banned if the execution of the ATA laws is not carried out properly? It does not require a very high IQ level to analyse the lethal impact the proliferation of these ideas carry; they work as brainwashing agents resulting in bringing new recruits, adding to more violence in the country eventually. The National Assembly has released the updated list of banned organisations in October 2012, consisting of 49 names. It includes the Lashkar-e-Jhangvi, Sipah-e-Muhammad Pakistan, Jaish-e-Muhammad, Lashkar-e-Tayyaba, Sipah-e-Sahaba Pakistan, Tehreek-e-Jafria Pakistan, Tehreek-e-Taliban Pakistan , Balochistan Republican Army, Balochistan Liberation Front, People’s Amn Committee (Lyari), Karachi, whereas the Sunni Tehreek has been placed under observation.

But how many of the above-mentioned organisations are in real trouble when it comes to furthering their ideas and propagation of their ideology? Finances are the lifeline of such outfits or any other movement, but it seems as if these apparently charity-reliant organisations are hardly out of money. Despite the prohibition, they use banners to seek charity; placement of charity collection boxes is not a novel scene for most Pakistanis, with the name of some organisation painted in bold letters. On the funding issue of the banned organisations it goes as follows in the ATA 1997:

11-H: 1) A person commits an offence if he:

(a) Invites another to provide money or other property, and

(b) Intends that it should be used or has reasonable cause to suspect that it may be used for the purpose of terrorism.

2) A person commits an offence if

(a) He received money or other property, and

(b) Intends that it should be used, or has reasonable cause to suspect that it may be used for the purposes of terrorism.

3) A person commits an offence if he,

(a) Provides money or property, and

(b) Knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

With these laws intact, one wonders when the execution will take place, if ever. There surely is some penalty for the person who helps these banned outfits to seek more avenues to attract funds. Why do we not see the arrest and trial of the ones involved? Or do we believe in waiting for disaster to befall? Or if the authorities seriously consider these organisations as no harm to society then why ban them? A number of these organisations have changed their names over the last few years; some even run ‘welfare’ societies. Although the Lashker-e-Tayyaba (LeT) was banned on January 14, 2002, its members openly operated as rescue workers in the earthquake-hit areas in 2005. The whole activity resulted in gaining more infamy for Pakistan as the alleged fundraising of almost five million pounds from Pakistanis living in Britain was hugely criticised in the western press. The LeT was also accused of using the money on funding its training camps instead of providing relief to the earthquake victims.

The writ of state has been severely compromised in such cases; these fundraising campaigns are not a secret anymore and mock the state laws when these organisations chase animal hides every Eid-ul-Azha. According to the newspaper reports, despite the ongoing ban on hide collection imposed by the interior ministry, such outfits succeeded in collecting hides even last year. Although government officials refute these claims, many cases have been observed and reported in the media. The time has come for the authorities to remove the word ban from these organisations, redefine the meaning of the Anti-Terrorism Act or execute the laws for real.

The writer is a documentary maker and a freelance writer. She can be reached at gaitty@gmail.com