Amend the law; adapt it to the
needs of the day, or repeal it altogether have been some of the objectives of
the social and political movements surfaced throughout the history. However, it
indeed sounds strange to know about a social movement which demands a
government to implement its law. The Pashtun Tahafuz Movement (PTM) in Pakistan
is one such example, which sets an unprecedented example. The movement, led by
Pashtuns educated youth, emerged in reaction to the states’ policy of
oppression and inhumane treatment of tribal people for the last few decades
especially in the venture of the war on terror. The demands of the movement,
total five in number, have clearly been enunciated in the constitution of
Pakistan 1973. However, it is pertinent to briefly evaluate the demands in
light of the constitution and determine its legitimacy.
The first demand is SSP Rao
Anwar’s apprehension and holding him accountable in accordance with dictates of the laws for
his act of Naqeebullah’s extra judicial murder. Every citizen has a right to
life and liberty, and no one in the state can arbitrarily deprive one of such
rights. Naqeeb’s murder is indeed an act done ultra vires of the law. Article
09 of the constitution of reads, “No person shall be deprived of life and liberty
saves in accordance with the law”. The murder is a flagrant violation of the
constitution and Anwar’s accountability its essence.
The second demand is the
formations of a judicial committee under the supervision of the apex court for
inquiry into the cases of extra judicial killings. Article 10A of the
constitution says, “For the determination of his civil rights and obligations
or in any criminal charge against him a person shall be entitled to fair trial
and due process”. The notorious act of extra judicial killing under the pretext
of encounter has been a blatant violation of the law. The process neither
establishes one’s crime nor affords an opportunity of self defense through fair
litigation. Taking one’s life arbitrarily and negating him the right to fair
trial is a heinous crime against humanity. The act open challenges the writ of
the state and individual’s right to life.
The third demand includes
producing all the missing persons in a court of law. It’s a legal opportunity
for the state to determine the person’s crime and accord punishment
accordingly, and for the person to defend himself through law. The constitution
in its Article 10 (1) provides for the same, it reads: “No person who is
arrested shall be detained in custody without being informed, as soon as may
be, of the grounds for such arrest, nor shall he be denied the right to consult
and be defended by a legal practitioner of his choice.” According to the PTM
sources close to 30000 persons have been missing. No information about their
whereabouts, the nature of crime they have committed, and the condition of the
person are shared with the families. The
constitution does not confers such powers on any institution, and such detention is in contravention of
Article 10 (2), which says, “Every person who is arrested and detained in
custody shall be produced before a magistrate within a period of twenty-four
hours of such arrest,……. and no such person shall be detained in custody beyond
the said period without the authority of a magistrate”.
The fourth demand states that all
the land mines and IEDs should be removed from the areas which have already
been declared safe by the security forces. The people of those areas were made
to leave their houses and lead the life of IDPs so that the military operation
against the militants may smoothly be carried out. When the operation is officially
over and people have been returned to their hometowns, their life is not secure
due the installation of land mines in their surroundings. According to the PTM
sources so far 72 persons have been the victims the such land mines in their
areas. It reflects visible shortcomings and lapses in the strategy of the
security apparatus and amounts to negation of the right to life and limb which
the constitution guarantees to citizens under Article 09.
The fitfth and last demand states
that the practice of indiscriminate humiliation and torture, violation of
privacy, torture in public and the imposition of prolonged curfew after any
untoward incident in FATA should be halted. The locals undergo the
aforementioned treatment after any such incidents. The practices hurt their
self-esteem and are violation of their privacy. The actions violate article 14
of the constitution, (1) “The dignity of man and, subject to law, the privacy
of home, shall be inviolable. (2) No person shall be subjected to torture for
the purpose of extracting evidence.” The prolonged session of curfews, which
has become a routine in the areas, restricts people’s movement and disrupts the
social and economic life in the areas. Article 15 states, “Every citizen shall
have the right to remain in, and, subject to any reasonable restriction imposed
by law in the public interest, enter and move freely throughout Pakistan and to
reside and settle in any part thereof”.
The peaceful uprising of the
Pushtons, especially the educated youth, should be a clarion call for the state
to acknowledge their constitutional and genuine demands. Vague promises and
dodging tactics will not do, as the movement is gathering momentum and gaining
more strength with passage time. There is not any such thing in the demands
which shows state’s inability to act. The state must realize the fact that the movement
now can neither be overlooked nor stifled. The more it is ignored and
suppressed, the louder the screams will be.
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Categories:
constitution
legal demands
Pashtun and Politics
Pashtun Culture.
PTM
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