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Tuesday, February 17, 2009

In Swat, Pakistan army faces 1971-like situation - Hamid Mir in Islamabad

February 11, 2009
The Taliban [Images] have become a threat for the Pakistan army [Images] like the Mukti Bahini in then East Pakistan (now Bangladesh) in 1971.

A furious Taliban leadership has decided to send their fighters to Islamabad [Images] as a reaction to the army operations in the Swat valley on the troubled border with Afghanistan. The Taliban have already started painting walls in Islamabad with its threats, compelling the administration in the capital to erase these messages quickly.

Many religious scholars in Islamabad have received messages from the Taliban that they have only two options: They must support the Taliban or leave the capital else they will be considered collaborators of the 'pro-American Zardari government' which they consider not different from the previous Pervez Musharraf [Images] regime.

It is also astonishing that the Taliban in Swat and Bajour have included the names of some religious and jihadi leaders in their hit-lists only because they are not ready to fight against their countrymen.

The Taliban have accused some militant leaders in the tribal areas and some leaders of the Lashkar-e-Tayiba [Images], the Harkat-ul Mujahideen [Images] and the Hizbul Mujahideen of trying to stop youngsters from fight against Pakistani forces. The Taliban have declared all these pro-Pakistan militants as their enemies.

It is learnt that the names of Maulvi Nazir from South Wazirastan, Hafiz Gul Bahadur from North Wazirastan, Lashkar founder Hafiz Mohammad Saeed, Maulana Farooq Kashmiri and Syed Salahudin of the Hizbul Mujahideen have been included on the Taliban hit-list. The Taliban have threatened some Hizbul Mujahideen leaders in Swat and Dir to leave the area soon.

Another Taliban leader in the Mehmand agency, Maulvi Omar Khalid, has threatened Lashkar militants to leave the tribal agency, because they were only interested in fighting foreign troops in Afghanistan or against India. According to Khalid, this meant they do not want an Islamic government in Pakistan.

This complicated situation has forced the Pakistan government to take some extreme steps against the Taliban in Darra Adamkhel and Swat. The Taliban killed Polish engineer Piotr Stannczak as a reaction to a big operation in the area. Some diplomatic sources have revealed that Pakistan was ready to release some arrested Taliban fighters in exchange for the Polish engineer and another kidnapped Chinese engineer, but the US raised some objections and the deal was not finalised.

The Pakistani authorities successfully negotiated the release of kidnapped Pakistani diplomat Tariq Azizudin in 2008 and the release of kidnapped army personnel in 2007 by releasing some Taliban fighters. This time, US pressure complicated the situation.

Though it confronts an East Pakistan-like situation from Darra Ademkhel to the mountains of Swat, the Pakistan army is not ready to surrender despite the fact that India is once again trying to exploit the situation by using threatening language against Islamabad. The Pakistan foreign office is under diplomatic pressure after the Polish engineer's brutal killing to 'do more' for the release of the kidnapped Chinese engineer, an Afghan diplomat, an Iranian diplomat and a UN diplomat kidnapped in Quetta, but the civilian and army leadership have decided not to bow down.

Reliable sources have revealed that kidnapped Chinese engineer Long Xiao is seriously ill in the Taliban's custody in Swat. He was kidnapped last August along with another colleague, Zhang Guo. Both men tried to escape. Long was injured and recaptured by the Taliban, but Zhang escaped. The Taliban want two dozen arrested fighters in exchange for Long, but the Pakistani authorities are not ready to accept this.

Afghanistan's Ambassador [Images] to Pakistan Abdul Khaliq Farahi was kidnapped last year and has still not been found. Some sources allege he was kidnapped over a personal issue at the behest of his in-laws. The Pakistani authorities are conducting a big search operation not only for him, but also for Iranian diplomat Heshmatollah Attarzadeh who was kidnapped from Peshawar last year.

After the army intensified its operations in Swat, half a million people out of the region's estimated 1.5 million population have left the area in the last month.

A top army officer linked with the operation in Swat said the "situation in Swat is much more complicated than East Bengal in 1971 where we were fighting against Indian-sponsored secular insurgents. The local population in East Bengal was fully supporting the insurgents, but the ground reality of Swat is very different. We are fighting the Taliban and they are demanding the enforcement of Islamic law in Swat and all the local political leaders are supporting this demand under public pressure."

North West Frontier Province Chief Minister Ameer Haider Hoti of the Awami National Party, Governor Awais Ghani and the army high command have strongly recommended that the fedaral government enforce long pending Sharia regulation, which will be called Nafaz-e-Adal regulation. Swat district police officer Dilawar Khan Bangash said the Taliban will have no justification to fight the state after the enforcement of Islamic law in Swat.

Swat was a princely state till July 28, 1969. The Islamic state of Swat was established in 1849 by Sayyed Akbar Shah. The state of Swat was kept in abeyance from 1863 to 1926, but Sharia law prevailed through Qazi courts during this period. The courts were restored by the British in 1926. Qazi courts operated till 1969 when Swat finally became part of Pakistan.

Residents of Swat think it was easy to get justice before 1969 through the Qazi courts, but after the imposition of Pakistani law, the poor do not get justice. The Taliban have exploited the delay in justice and instigated the poor to rise against big landlords.

The ANP swept the 2008 election with the slogan of peace and justice and now rules the NWFP in collaboration with the Pakistan People's Party. Reliable sources say the ANP leadership have convinced President Asif Ali Zardari [Images] to promulgate the Sharia regulation in Swat and the promulgation will be announced in a few days.

It is learnt that prominent rebel leader Maulana Sufi Muhammad of the Tehrik-e-Nafaze Shariat Muhammadi has assured the ANP leadership that he will start a long march from Dir to the Swat valley after the imposition of Sharia law. He will appeal to his son-in-law Maulana Fazalullah and other Taliban leaders to lay down their arms. He told ANP leaders that if the Taliban does not surrender its arms, then he will support army operations against them.

Mumbai police file chargesheet against IM members

The chargesheet against the 21 alleged members of the terror outfit Indian Mujahideen [Images], accused of hatching the conspiracy to execute bomb blasts across the country, was on Tuesday filed by the city police in a special Maharashtra Control of Organised Crime Act Court in Mumbai [Images].

The Mumbai Crime Branch, in an 1800-page chargesheet, has charged all the 21 accused for hatching the conspiracy to execute bomb blasts in various cities of the country.

The people have been booked under various Sections of the Indian Penal Code, Arms Act, Explosives Act, Unlawful Activities (Prevention) Act and the Information Technology Act.

The Mumbai Crime Branch had last year arrested five accused, natives of Azamgarh in Uttar Pradesh [Images], in connection with the blasts.

Thursday, February 12, 2009

The man who will prosecute Kasab - The Rediff Interview/Special Public Prosecutor Ujjwal Nikam

February 06, 2009
He is the lawyer, who will prosecute Ajmal Amir Kasab [Images], the lone surviving terrorist involved in the Mumbai terror attacks [Images], once the chargesheet is filed and the trial commences. He is not some high-flying legal eagle practicing in the Supreme Court. Ujjwal Nikam, special public prosecutor in the case, will try Kasab under Indian law without a battery of lawyers or any senior legal assistant. He says he will fight the case with the help of a police paltan (team) who are through at their job.
Nikam hails from Jalgaon in Maharashtra and continues living there. He is neither computer savvy nor does he flaunt legal knowledge or stuff his talk with legal precedent or landmark judgments.

His mastery lies in coordinating and communicating well with the investigating officer of the case and reading the case papers minutely. When a trial is on, he gets up at 4.30 am to read the case papers.

Nikam is a familiar face for television viewers because he has fought many celebrated cases. The list includes the Bombay blasts case of March 12, 1993, the Gulshan Kumar murder case, the Pramod Mahajan [Images] murder trial, the Gateway of India [Images] blasts case of 2003, the Khairlangi Dalit murder case and the Nadeem extradition case which was fought in London [Images].

His CV states that he has successfully sought life imprisonment for convicts 618 times and the death penalty 33 times. His father was a well-known barrister in Jalgaon; his son is pursuing law in the US.

When he is in Mumbai, Nikam lives in a south Mumbai hotel, but returns to Jalgaon on weekends.

As he gets ready to take on another important case in his 30-year legal career he chatted with rediff.com's Sheela Bhatt about his legal approach to the case.

How do you look at an event like the Mumbai terror attacks?

The terror strikes were shocking and never anticipated. We never thought that foreign terrorists will attack us openly and in such a brazen manner. I think the challenge is not only to the investigating agency but also to the prosecutor.

No doubt, one of the terrorists has been apprehended, but it is a challenge to provide the entire evidence in court about how the conspiracy was hatched, how it progressed and how it ended with the attacks on Mumbai.

Basically, it appears an open and shut case. I personally feel this is a case of a deep-rooted conspiracy.

I have no hesitation to say that this is a proxy war against India. The modality and system that the terrorists have adopted clearly indicates that they have undergone training in handling sophisticated weapons as well as how to plant bombs. It clearly indicates that it is State-sponsored terrorism.

What is being revealed so far during the course of investigation clearly indicates that masters behind the conspiracy have taken a lot of efforts in attacking Mumbai.

How do you see the investigation of the Mumbai police so far?

I have no idea of the details of the investigation because the investigating agency has not filed the chargesheet. But the Mumbai police are quite efficient. They will discharge their functions diligently. The Mumbai attacks case will be the finest investigated police case in the country.

How different is this case from other cases of terrorism you have fought?

If compared to previous cases, the modalities in the operations were different. In this case, these terrorists were fidayeen. They had decided to kill people and get killed themselves. It was surprising that foreign terrorists entered like this and opened war against India.

I find a material difference between earlier terror attacks and this one.

Is it a difficult case to fight in court?

Since the chargesheet is not filed, I can't say much. On the basis of reading newspapers, I can surely say that the prosecution will have a good case. We have footage of the close-circuit cameras, photographs of the terrorists, taped conversations, and their talks abroad have already been intercepted by the intelligence agencies. So the motive behind the attack can be adequately established.

So far as the case against Kasab is concerned we have more than sufficient evidence. We will have a strong case against Kasab.

Anyway, I don't see this as an exceptional case of my life because I have fought many more difficult cases. My attempt in this case is to go to the bottom of the conspiracy.

What about your security?

I have Z-category security. The government is taking care of it. But let me tell you I believe in destiny.

How do you label this case?

I take the attack as proxy war. The manner in which the terrorists were trained in Pakistan, they were provided with Argees hand grenades, which were also used in the 1993 Mumbai blasts.

I understand that the expectations of millions of people rides on bringing the terrorist to justice.

Let us wait and see how the police brings the evidence against Kasab.

I take the attack as an act of war.

How the LeT plans to kill Kasab - Vicky Nanjappa

February 11, 2009 01:19 IST

Chota Shakeel, a close associate of Dawood Ibrahim [Images], has been given the responsibility of killing Mohammad Ajmal Amir Kasab [Images], the lone terrorist arrested during the terror attack on Mumbai [Images], according to Intelligence Bureau sources.

Earlier in the day, Joint Commissioner of Police (Crime), Rakesh Maria [Images] had told the media, "We have received intelligence inputs stating that Kasab's life may be under threat from the underworld".

IB sources have revealed that the Lashkar-e-Tayiba [Images] has asked Shakeel, a close associate of underworld don Dawood Ibrahim, to kill Kasab. Shakeel is currently hiding in Pakistan, said IB officials, under the patronage of the Inter Services Intelligence and the LeT.

The IB learnt of the LeT's plans concerning Kasab after it intercepted a telephone call from across the border. The call, made by a Lashkar operative, indicated that Kasab's murder was being planned by the LeT in Pakistan.

The IB also learnt that the contract for Kasab's murder had been handed over to Dawood Ibrahim's gang, which continues to operate in Mumbai, on the instructions of the underworld don, who is also hiding in Pakistan.

Police officials believe that Shakeel will use the local module of his gang in Mumbai to gain access to Kasab, who has been kept in an undisclosed location.

Kasab, who hails from Faridkot in Pakistan, is the most vital proof that India possesses about the terror attack originating from its neighboring country. His death would be an irreparable setback for India's fight against terror.

The IB has now advised the Mumbai police to beef up Kasab's security arrangements and monitor him round the clock.

Pakistan registers case against Kasab, 13 others

February 11, 2009 19:53 IST

Pakistani authorities on Wednesday registered a case against Ajmal Amir Iman Kasab [Images], the lone terrorist captured alive during the Mumbai [Images] attacks, and 13 others in connection with the terror strikes.

The case was registered on the basis of the probe conducted by the Federal Investigation Agency and the decision made by the Defence Committee of the Cabinet during its meeting on Monday, TV channels quoted unidentified sources as saying.

The case was registered under the Anti-Terrorism Act, Geo News channel reported. It quoted sources as saying that the case was registered at the Dockyard police station in Karachi.

Geo News also said that the three persons, who were arrested earlier in Karachi, were among the others named in the case. Nine more persons had been identified but were yet to be taken into custody, the channel reported.

Legal experts said that Pakistan will need the cooperation of Indian authorities to proceed with the case and bring it to court. Pakistani authorities might also need to seek access to Indian witnesses to proceed with the case, they said.

During its meeting on Monday, the Defence Committee of the Cabinet decided to register a case and conduct further investigations to bring the perpetrators of the Mumbai attacks to justice, according to Pakistan laws.

The meeting, which was chaired by Prime Minister Yousuf Raza Gilani [Images], said it would be "exceedingly difficult to complete the investigation and proceed with the case without substantial evidence" from India.

It also decided to send further queries to Indian authorities. Pakistan detained or placed under surveillance some 124 members of the Lashker-e-Taiyba and its front organisation Jamaat-ud-Dawah in the wake of the Mumbai attacks.

The LeT and Jamaat founder Hafiz Mohammed Saeed, LeT operations commander Zakiur Rehman Lakhvi and communications expert Zarar Shah are among those detained.

Pakistan registers case against Kasab, 13 others

February 11, 2009 19:53 IST

Pakistani authorities on Wednesday registered a case against Ajmal Amir Iman Kasab [Images], the lone terrorist captured alive during the Mumbai [Images] attacks, and 13 others in connection with the terror strikes.

The case was registered on the basis of the probe conducted by the Federal Investigation Agency and the decision made by the Defence Committee of the Cabinet during its meeting on Monday, TV channels quoted unidentified sources as saying.

The case was registered under the Anti-Terrorism Act, Geo News channel reported. It quoted sources as saying that the case was registered at the Dockyard police station in Karachi.

Geo News also said that the three persons, who were arrested earlier in Karachi, were among the others named in the case. Nine more persons had been identified but were yet to be taken into custody, the channel reported.

Legal experts said that Pakistan will need the cooperation of Indian authorities to proceed with the case and bring it to court. Pakistani authorities might also need to seek access to Indian witnesses to proceed with the case, they said.

During its meeting on Monday, the Defence Committee of the Cabinet decided to register a case and conduct further investigations to bring the perpetrators of the Mumbai attacks to justice, according to Pakistan laws.

The meeting, which was chaired by Prime Minister Yousuf Raza Gilani [Images], said it would be "exceedingly difficult to complete the investigation and proceed with the case without substantial evidence" from India.

It also decided to send further queries to Indian authorities. Pakistan detained or placed under surveillance some 124 members of the Lashker-e-Taiyba and its front organisation Jamaat-ud-Dawah in the wake of the Mumbai attacks.

The LeT and Jamaat founder Hafiz Mohammed Saeed, LeT operations commander Zakiur Rehman Lakhvi and communications expert Zarar Shah are among those detained.

'Attacks on India likely to continue' - Suman Guha Mozumder in New York

February 11, 2009 08:24 IST
A Rand Corporation study on the November 26 terrorist attacks on Mumbai [Images] has concluded that India will remain a target of Pakistan-based terrorism for the foreseeable future because of the inability of New Delhi [Images] and the international community to compel Islamabad [Images] to dismantle the terrorist infrastructure in that country.

Titled 'Lessons of Mumbai', the report posts the possibility of an escalating terrorist campaign in the region and the rise of a 'strategic terrorist culture'.

Citing Pakistan's 'inherent incapacities' to dismantle its terrorist infrastructure and the expanding participation of Indians in Islamist violence, Angel Rabasa of the Rand Corporation, lead author of the report, said all of these coalesced into a grim prospect for the subcontinent.

Asked to elaborate on the doomsday scenario, Rabasa said, "There is an infrastructure of terrorist groups in Pakistan that have been targeting India at least for the past 15 years. and there seems to be very little indication so far that the government of Pakistan is able or willing to dismantle the terrorist infrastructure."

"There are some limitations as far as India and the international community is concerned with regard to the Pakistani policy and to the presence of these terrorist groups in Pakistan. As long as these terrorist groups are in place, they will target India. There are two basic premises: one, that these attacks are likely to continue as long as this terrorist infrastructure continues to be present in Pakistan and two, that there has been an unwillingness or inability on the part of the Pakistani authorities to shut down these infrastructures."

The root cause of the problem, Rabasa says, is that there are different power centres in Pakistan, and the civilian government is incapable of controlling the army and the Inter Services Intelligence. "It is conceivable that even the Pakistani military establishment may not have control over elements in the ISI that continue to support these terrorist groups. We do not see Pakistan as a unified actor in dealing with terrorist groups � there are multiple power centres. It is very hard to engage Pakistan to a reasonable degree."

All of this coupled with the nuclear deterrent, Rabasa argues in the study, limits India's options. "There is always a risk of escalation to nuclear level," Rabasa says, arguing why India cannot safely consider an armed response. "It seems to me that the Pakistani nuclear doctrine does not preclude the first use of nuclear weapons. Asif Ali Zardari [Images] has walked back from that at some points, but then he does not control the nuclear weapons of Pakistan. The ultimate decision makers, I guess, are the military in Pakistan. This is the constraint for conventional action as far as India is concerned."

Further, Rabasa argues, terrorist groups in Pakistan have diversified their infrastructure, "and so it is very difficult to disable these groups by a military strike on their facilities. You can always use military means, but the question is whether it would achieve the objective, mainly dismantling the terrorist infrastructure in that country."

Asked about India's use of massive international diplomacy and whether it could form an effective strategy, Rabasa said the point worth keeping in mind is that as far as the US is concerned, Pakistan has become the epicentre of global terrorism.

"Al Qaeda [Images] has established itself in the tribal areas of Pakistan and there are also other terrorist groups. Even the United Kingdom has suffered terrorist attacks that had links to Pakistan. Terrorists finding sanctuaries in Pakistan is an international problem and therefore, there is a major international interest in securing Pakistani cooperation in dismantling these terrorist infrastructures."

Rabasa pointed out that if the US was to succeed in its offensive against the Taliban [Images] and Al Qaeda in Afghanistan, it had to start by eliminating terrorist sanctuaries. "The US is constrained by the fact that it relies on Pakistan for logistical support for its operations in Afghanistan. Therefore, to be able to find ways to persuade sectors in Pakistan that tolerate these terrorist groups, the US needs to find ways to review its reliance for logistical support on Pakistan," Rabasa said, arguing that as long as the US was reliant on Pakistan support, it would lack full freedom to move against terrorist infrastructures in the region.

The comprehensive study points the finger directly at the Lashkar-e-Tayiba [Images] for the Mumbai attacks, but stops short of arguing that there was some level of complicity by the ISI. "We know that LeT has historically had links with ISI -- in fact, the LeT was established with the support of the ISI," Rabasa pointed out.

"But we do not have enough information to make the judgment as to whether ISI, or elements within the ISI, were involved in the terror attack or had knowledge of this specific operation. The LeT has been allowed to operate very openly in Pakistan, but we do not have enough evidence to suggest that there was complicity between the ISI and LeT."

Part of 26/11 conspiracy planned here, admits Pak

February 12, 2009 14:02 IST
Last Updated: February 12, 2009 15:15 IST

After a spate of flip-flops, Pakistan on Thursday finally admitted that 'some part of the conspiracy' behind the Mumbai terror attacks [Images] was planned in the country and six persons have been arrested in this connection.


Pakistan's response to India's dossier on the November 26 Mumbai strikes was handed over to India's High Commissioner Satyabrata Pal with a list of 30 questions.


Islamabad [Images] also sought further information about Mumbai attackers including their finger prints and DNA samples.

"Some part of the conspiracy related to the Mumbai attacks was planned in Pakistan," Interior Ministry chief Rehman Malik said, an admission that comes after a series of conflicting statements from Pakistani leadership.


Malik said nine persons have been named in an FIR registered on Thursday in connection with the Mumbai attacks and six persons have been arrested.


Malik, who met Pal earlier in the day, said that some of those involved in Mumbai attacks were Lashkar-e-Tayiba [Images] operatives and the arrests were based on the preliminary investigations.


Pakistan has been under intense international pressure mobilised by India to crack down on the LeT and its frontal outfit Jamaat-Ud Dawah, which have been blamed for the Mumbai carnage that left 183 people dead.

"Actual investigation will start now as probe starts only after filing of FIR," he said.


Hamad Ameen Sadiq, who facilitated money transfer for the attacks, has been arrested along with another Pakistani national Javed Iqbal, who acquired the VoIP (Voice over Internet Protocol) connections from Spain, Malik told a press conference.


On Ajmal Amir Kasab [Images], Malik said his statement has to be recorded in Pakistani court, suggesting that Islamabad would like to seek the custody of 22-year-old Kasab, the lone surviving attacker nabbed during Mumbai attacks.


Malik said the investigators had traced the shop from where the engine for the boat used by the attackers was purchased and arrested the owner of the shop.