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CMR May 2019.Cdr MONITOR Civil-Military Relations in Pakistan May 2019 Pakistan Institute of Legislative Development And Transparency PILDAT Monitor CIVIL-MILITARY RELATIONS IN PAKISTAN May 2019 In this Issue This monitor is meant to identify key developments during the month on Civil Military Relations in Pakistan with selected high-profile international developments included occasionally. 1. Kharqamar Incident 2. Presidential Reference against Kharqamar Incident Judges 3. COAS endorses punishments for army/civilian officers for espionage On May 26, 2019, the ISPR, in a Press Release, announced that Mr. Mohsin Javed (Dawar), 4. 221st Corps Commanders' MNA, and Mr. Ali Wazir, MNA, 'assaulted' Kharqamar check-post in Boyya, North Waziristan Conference district. The ISPR alleged that the group was armed and that “due to firing of the group, 5 Army 5. Army Chief addresses Students in soldiers got injured. In exchange of fire, 3 individuals, who attacked the post, lost their lives and Peshawar 10 got injured.” According to the statement, a group led by the MNAs wanted to exert pressure 6. COAS meets Foreign Dignitaries for the release of 'suspected terrorists' facilitator' arrested some days ago. Mr. Ali Wazir, MNA, was arrested along with 8 other individuals while Mr. Mohsin Dawar, MNA, was declared to be 7. Meeting of the National Security 1 Committee 'at large'. On May 29, Mr. Mohsin Dawar, MNA, presented himself for arrest after a long round 8. PM-COAS Interactions of negotiations between tribal elders and district administration. He was presented before an 9. International Developments Anti-terrorism court in Bannu before being shifted to Peshawar on a week-long physical remand in the custody of Counter-Terrorism Department (CTD). Before his arrest, the MNA rejected the military's account and claimed that the protestors were unarmed and only passing through the check-post when they were shot. He also claimed that 15 protestors lost their life during the incident.2 A two-page Special Situation Report, titled “Clash and Casualties in North Waziristan District” submitted to the government by the Deputy Commissioner of North Waziristan on May 28 puts the death toll at 13.3 Police raided houses and marketplaces to arrest 22 members of PTM and ANP on May 29 in Bannu for staging a protest against the Kharqamar incident including a journalist, Mr. Gohar Wazir, who had interviewed Mr. Mohsin Dawar after the incident.4 Opposition parties called for an inquiry into the incident and demanded a house committee to resolve the crisis through political means.5 They staged a walkout from the National Assembly session at the Prime Minister's silence on the incident. PPP Chairman Mr. Bilawal Bhutto-Zardari, MNA, said that he had written a letter to the Speaker to issue production orders of the two parliamentarians, which was ignored.6 The incident comes in the wake of a 'warning' to the PTM by DG ISPR during a Press Conference on April 29. A few days later on May 2, however, the Chief of the Army Staff, during a public function in Peshawar, had said that the issues raised by the PTM are genuine and natural in post- operation environment; however a few individuals are playing in the hands of foreign forces, exploiting the issues of the tribal areas. On May 30, PTM chief Mr. Manzoor Pashteen briefed the Senate Special Committee formed to “examine purported grievances amongst some sections of the society and reach out/engage with the genuinely aggrieved persons to create national cohesion” on the incident and demanded an independent commission/committee to investigate the incident to establish facts. The committee reiterated its desire to engage the PTM in political dialogue.7 Presidential Reference against Judges A presidential reference has reportedly been filed against two judges including Justice Qazi Faez Isa in the Supreme Judicial Council under Article 209 of the Constitution. The reference, a copy 1. Inter-Services Public Relations, [Website], 2019, https://www.ispr.gov.pk/press-release-detail.php?id=5310 (accessed Jun 11, 2019) 2. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485611/mna-dawar-remanded-in-ctd-custody-after- surrender (accessed Jun 11, 2019) Pakistan Institute of Legislative 3. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485590/govt-report-blames-ptm-mnas-for-north- Development And Transparency waziristan-incident (accessed Jun 11, 2019) 4. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485269/22-ptm-workers-detained-in-bannu E-mail: [email protected] (accessed Jun 11, 2019) 5. Dawn.com, [Website], 2019, https://www.dawn.com/news/1484997/opposition-questions-pms-silence-on-n- Website: www.pildat.org waziristan-incident (accessed Jun 11, 2019) 6. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485688 (accessed Jun 11, 2019) 7. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485625 (accessed Jun 12, 2019) 02 PILDAT Monitor CIVIL-MILITARY RELATIONS IN PAKISTAN May 2019 of which was not made available to the esteemed Judge even after he wrote 2 letters to the President, was leaked in the media in bits and pieces before it was officially confirmed on May 30 when the Supreme Judicial Council issued a notice to the Federal Government through the Attorney General to furnish a reply to the notice on the references by June 14.8,9 Justice Qazi Faez Isa, known for his independence and bold judgments. In a strongly worded judgement on the 2017 Faizabad dharna, he had criticized the role of the Armed forces in the episode and directed them to punish the personnel under their command found to have violated their oath by meddling in politics, inter alia, by doling out cash to protesters.10,11 In April 2016, he authored the Quetta Commission report where he criticized the abject failure of security organs of the State to prevent the twin attacks in Quetta.12 Justice Qazi Faez Isa The reference has drawn strong condemnation from legal circles and civil society across the country. The Supreme Court Bar Association called for a nationwide strike in protest on June 14, 2019 when the Supreme Judicial Council takes up the reference.13 The Pakistan Bar Council has called for the Supreme Judicial Council to quash the references against judges, which smacked of the government's mala fide intentions.14 Additional Attorney General, Mr. Zahid F. Ebrahim, immediately resigned in protest stating, “the attempt (to file reference) was not about accountability of judges but a reckless attempt to tarnish the reputation of independent individuals and browbeat the judiciary.” 15 Some sections of lawyers especially in Punjab and Karachi have opposed the position taken by the SCBA and feel that the the SJC should be allowed to proceed and decide the case on merit. In its 46 years history, the Supreme Judicial Council has disqualified only one judge, Justice Shaukat Siddiqui, in October 2018 for being guilty of misconduct over a speech he delivered at the Rawalpindi Bar Council where he accused the Inter-Services Agency of meddling in judicial affairs.16 COAS endorses punishments for army/civilian officers for espionage According to an ISPR statement released on May 30, COAS General Bajwa has endorsed punishment awarded to 2 army officers and one civil officer on the charges of espionage/ leakage of sensitive information to foreign agencies prejudice to the national security under the Pakistan Army Act (PAA) and the Official Secret Act by separate Field General Court Martial (FGCM) for separate cases. The punishments varied from life imprisonment awarded to a Lieutenant General to death sentences awarded to a Brigadier and a civilian Doctor reported to be employed at a sensitive organization.17 This has been a rare incidence of the army publicly disclosing the identities of officers found guilty of wrongdoing, barring the 2016 sacking of six senior military officers on charges of corruption.18 It has been recognized and appreciated widely as a testament to the well-functioning accountability standards within Pakistan's Armed Forces. 221st Corps Commanders' Conference 221st Corps Commanders' Conference was held at the GHQ on May 03, 2019 presided by COAS Gen Bajwa. The forum reviewed progress and Operation Radd ul Fasaad and reiterated its resolve to work for enduring peace in the country.19 221st Corps Commanders' Conference 8. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485614 (accessed Jun 14, 2019) 9. Dawn.com, [Website], 2019, https://www.dawn.com/news/1485441/sc-judge-writes-to-alvi-over- reference-reports (accessed Jun 11, 2019) 10. Dawn.com, [Website], 2019, https://www.dawn.com/news/1487022 (accessed Jun 14, 2019) 11. Ibid 12. Supreme Court of Pakistan, [Website], 2016, http://www.supremecourt.gov.pk/web/user_files/File/QuettaInquiryCommissionReport.pdf (accessed Jun 14, 2019) 13. The News.com, [Website], 2019, https://www.thenews.com.pk/print/484105-reference-against-justice-qazi-faez-isa (accessed Jun 14, 2019) 14. Dawn.com, [Website], 2019, https://www.dawn.com/news/amp/1487897 (accessed Jun 14, 2019) 15. Ibid 16. Dawn.com, [Website], 2018, https://www.dawn.com/news/1438358 (accessed Jun 14, 2019) 17. Inter-Services Public Relations, [Website], 2019, https://www.ispr.gov.pk/press-release-detail.php?id=5320 (accessed Jun 11, 2019) 18. Business Recorder.com, [Website], 2019, https://fp.brecorder.com/2019/06/20190603483408/ (accessed Jun 14, 2019) 03 PILDAT Monitor CIVIL-MILITARY RELATIONS IN PAKISTAN May 2019 Army Chief addresses Students in Peshawar COAS Gen Bajwa interacted with students of various universities during a function arranged at the Corps Auditorium in Peshawar on May 02, 2019. Speaking on the potential of youth, Gen. Bajwa said Pakistan is blessed with dynamic and talented youth. While referring to the Pashtun Tahaffuz Movement (PTM), a youth led rights movement, the COAS said the issues highlighted by the PTM are “genuine and natural in post-operation environment.
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