26/11 Reflections
26/11 Reflections
November 2011
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26/11 Reflections
Published by Gateway House: Indian Council on Global Relations 3rd floor, Cecil Court, M.K. Bhushan Marg, Next to Regal Cinema, Colaba, Mumbai 400 039 T: +91 22 22023371 E: [email protected] W: www.gatewayhouse.in
Cover image: Chattrapati Shivaji Terminus, Mumbai Photography: Paul Jesseman Design & Layout: Divya Kottadiel Editor: Hari Seshasayee
Gateway House: Indian Council on Global Relations is a foreign policy think tank in Mumbai, India, established to engage India’s leading corporations and individuals in debate and scholarship on India’s foreign policy and the nation’s role in global affairs. Gateway House is independent, non - partisan and membership-based.
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26/11 Reflections
Contents Foreword ...... 5 India’s Hydra-Headed Terrorism ~ Neelam Deo ...... 6 26/11…What Outcomes Do We Want? ~ Meera Sanyal ...... 8 The Architecture for Securing Lives ~ Akshay Mathur ...... 10 26/11: Seriously Not Ready ~ Brigadier Xerxes Adrianwalla ...... 13 26/11 - National Day of Remembrance ~ Admiral Venkat Bharatan ...... 16 The Right to Security Act ~ Jayaprakash Narayan ...... 17 Why the UN Didn’t Respond to 26/11 ~ Dr. Waheguru Pal Singh Sidhu ...... 19 26/11 Revisited from Lahore ~ Masood Hasan ...... 22 India: Up-and-Down on Pakistan ~ Inder Malhotra...... 24 The ISI: U.S. Backers Run for Cover ~ M.D. Nalapat ...... 26 9/11 and 26/11: Are We Any Safer? ~ Bob Dowling ...... 28 Hope-to-Despair-to-Hope Policy on Pakistan Doesn’t Work ~ Seema Sirohi ...... 30 26/11: What About Human Rights? ~ Meenakshi Ganguly ...... 32
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26/11 Reflections
Foreword
t has been three years since 26th November, when terrorists attacked Mumbai’s monuments and its self-esteem. Life has resumed for the Mumbaikar, as always. But many questions Iremain, unanswered. Gateway House has attempted to analyse the event and its aftermath. We asked experts and ordinary individuals from around the world to bring in their unique perspectives. In a series of 13 essays, we examine the following:
How did the ordinary Pakistani feel as she/he watched the towers of the Taj burn? Why didn’t the United Nations respond to 26/11 the way it did after 9/11? Should New York heed the warning of 26/11? What does Washington’s double-standards in South Asia mean for us? Should we change our strategy on Pakistan – or is it now the right time for Pakistan to change its strategy towards us? Are we better equipped in terms of defence equipment and maritime security? What can our security structures learn from our corporations? Are we entitled to the Right to Security, the way we are to education and food? What are the human rights of terrorism’s victims? Have we really cared for those who suffered on account of terrorism? Why is justice so delayed in India and what does it mean for terrorism?
We hope these opinions will provide some answers.
Manjeet Kripalani Executive Director Gateway House: Indian Council on Global Relations Mumbai
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India’s Hydra-Headed Terrorism
~ Neelam Deo
he third anniversary of the terrorist Italy, the Japanese Red Army, the Baader attack on Mumbai is a chilling reminder Meinhof group in Germany. More recent and T that the perpetrators of numerous earlier long-lasting have been left wing terrorist groups and subsequent terrorist acts have mostly not in Latin America such as the Sandinistas in been identified, charged, found guilty or Nicaragua and the Shining Path in Peru which punished. Although all the evidence shows claim the ideological and romantic lineage of Ajmal Kasab to be guilty, the investigative and Che Guevara. judicial processes continue, without end. India seems to have experienced all of the above. With justice so delayed, citizens are growing The size of our country, the colonial legacy, the increasingly frustrated by the inconclusiveness vast diversity of religion, ethnicity, language and of investigations into cases of terrorism – and ideological persuasion has meant that we have the discourse around terrorism is becoming lived with some form or other of violent protest defined in sectarian (religious) since Independence. Among the terms for political advantage. earliest was the threat of Terrorism has become so infused secession by Tamil Nadu in with the politics of short- Ideological differences protest against attempts to termism, that we have lost sight have spawned dilute the use of English as a of the motivation for the original national language. The long- act of terror and are thus unable innumerable terrorist running Telangana agitation to respond adequately to the groups, especially after remains unresolved. Although grievance. Consequently, the advent of Marxism Assam was carved into seven terrorism in India has become different states between 1963 hydra-headed, morphing into and 1987 to fulfil ethnic different forms and spanning the aspirations, deadly insurgencies gamut. continue. Sub-nationalism is alive and well in the North East, with support Let us examine the various kinds of terrorism, initially from Communist China, followed by manifested over time in different ways and in Pakistan and occasionally unfriendly different countries around the world, and see governments in Bangladesh. where India stands. Hindu-Muslim riots have received the most Bits of the old traditional fighting between media exposure, scholarly examination, and religious groups can still be seen in their official focus because of the wide dispersal of the modern incarnations in the Palestinian-Israeli minority community over the country, its conflict and the Moro Islamic Liberation Front in depressed economic conditions, and lower level southern Philippines, for instance. Often these of accessing education. All of this has enabled can also have an ethnic element as in the political manipulation of the Muslim community Sinhalese Buddhist versus Tamil Hindu (and and kept communal passions inflamed. The Christian) conflict in Sri Lanka and the Turkish division of the country on religious grounds and versus Kurdish PKK fighters. Another variant is continuous Pakistani posturing on behalf of the separatist struggles of the ETA in Spain or Indian Muslims, the differences over Jammu and the many ethnic groups in Myanmar. Kashmir, and Pakistani support to terrorist activities has driven the two communities Ideological differences have spawned further apart – so much so that speaking of innumerable terrorist groups, especially after minority (Muslim) terrorism versus saffron the advent of Marxism. So Russia had its (Hindu) terrorism has become part of Nihilists and Narodniks, the Brigate Rosse in mainstream discussion. 6
26/11 Reflections
Germany and Italy diminished as a result of Added to the Hindu-Muslim religious mix was police work and judicial procedures. Yet others the Punjab problem and Sikh terrorism. This such as the Kurdish PKK disappeared through a was the product of local grievances and political combination of diplomacy, the arrest of its manipulation of religious sentiments sustained leader Abdullah Ocalan in Syria, political by training, funding, and safe haven provided by concessions such as allowing the use of the Pakistan as well as wealthy Sikh communities Kurdish language in educational institutions and abroad, channelled largely through Gurudwaras. the media, and Turkey’s increasing prosperity Now we also have the attacks on Christian and prominence on the world stage. preachers by groups and individuals affiliated to the Sangh Parivar. Can we too look forward to a future free of terrorism? The ideologically-motivated Naxalite movement peaked in West Bengal in the late 60's and 70's. At the macro level, yes. But only if we can craft a But related communist groups, birthed in the consistent policy on Pakistan and depoliticize exploitation and degradation of tribal our internal processes of investigation and the communities, are now active as ‘Maoists’ in pursuit of terrorists. That may take years. some 223 out of 645 districts – one third of the country. Their acts of terrorism flow in an arc A more achievable success is possible at the starting below Nepal from Bihar and West micro level, if we can deal humanely with Bengal, Chattisgarh, Jharkhand, Orissa and elements in our society that suffer on account of Andhra Pradesh, to pockets in Maharashtra. terrorism. The politics of nations gives inadequate attention to the way acts of terror Unsurprisingly, the growth of the communist affect communities, the personal lives of the insurgency and its final accommodation in injured and the families of those killed. They Nepal’s republican government, has added to deserve to be assisted financially so they can live the momentum of left-wing terrorist groups. with dignity. As important, their acts of bravery Although they are called Marxist or Communist, need to be recognized and honoured by the State their continuing – and even growing – attraction to give solace to the families and the public. Even to the inhabitants in these areas is connected to the families of those who perform acts of corrupt and poorly-regulated commercial terrorism deserve sympathy and privacy to deal mining activities. Consequently, the ideological with their grief and shame. element as motivation has been supplanted by the dispossession of local communities. We must also think of the unfairly accused, those who suffer years of incarceration, and the It feels as if the violence will never end. But trauma of their families. Our authorities must dissidence does have a shelf-life. recognize that monetary compensation is only part of the healing process and public apology The historical record shows that while some may be the only way towards rehabilitation of – conflicts such as Israel-Palestine can go on for and in – a community. decades, others have been wiped out by determined military action over time. The most Only then can we hope for the sort of recent example is the LTTE in Sri Lanka, conciliation we have achieved, imperfect though eliminated by the current Rajapaksa it remains, after years of conflict in the Punjab. administration. Some like ETA in Spain have Our continuous endeavour should be to dampen been made irrelevant by democratization and the bitterness and polarities in our society. increasing prosperity. Others such as the ones in
Neelam Deo is India's former ambassador to Denmark and Ivory Coast, and served in Washington and New York. She is the director and co-founder of Gateway House: Indian Council on Global Relations.
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26/11…What Outcomes Do We Want?
~ Meera Sanyal
n the anniversary of 26/11, several of us Department of Homeland Security combined question whether we have made any with the U.S. Patriot Act, have made the U.S. a O progress in our battle against terrorism. strong and secure fortress against terrorism. Many quote the success of the United States in preventing a major terrorist attack post 9/11. It is also the most expensive outcome to secure. Others quote the ubiquitous surveillance It is estimated that the expenditure on cameras in the UK, as being a strong deterrent to Homeland Security in the USA is currently 80% would be perpetrators. higher than that on education, and that cumulative expenditure in the past 10 years The general perception, which (both public and private) grows with each passing attack, is exceeds $3 trillion. Can India that India is seen as a soft state, afford a comparable expense? vulnerable to and unable to protect itself against such attacks. Spurred The general feeling The anti-terrorism legislation on by the impassioned anchors of among citizens is that required to secure this the TV news channels, we indulge there is only one outcome also raises questions in collective breast-beating. “How on possible infringements of can India claim to be a super possible outcome that human rights. As Ian Lustick power,” we ask “when we cannot is desirable in dealing points out in his insightful even prevent a bomb blast? ” paper, Trapped in the War on with terrorism and Terror, 83,000 suspects were Without wishing to defend the terrorists: that there confined and interrogated in Government, which undoubtedly should be no more the U.S. post–9/11. Of these can and should do more to beef up only 39 convictions were national security, this article terrorist attacks secured and only one foreign proposes a simple hypothesis: We national was convicted. need to agree on the outcome we
desire; it should be achievable and Our experience in India of anti- affordable; when this outcome is achieved we terrorism legislation like POTA (Prevention of should celebrate success and publicise it as a Terrorist Act) and MCOCA (Maharashtra Control failure of the terrorists. of Organised Crime Act) has been mixed, with several reported instances of misuse and abuse, The general feeling among citizens is that there resulting in the repeal of POTA in 2004. is only one possible outcome that is desirable in dealing with terrorism and terrorists: that there Thus, though No more Terrorist Attacks is the should be no more terrorist attacks. most wished-for outcome, it may neither be affordable nor the most desirable, given that the In fact, there are several, three of which are route to secure it may not be one we wish to, or outlined below. I believe if we closely examine can afford to take. these and make a conscious choice about which outcome we desire, then the chances we will Outcome 2 : Preemption and retribution i.e., root achieve the chosen outcome – and thereby deal out the evil and punish perpetrators swiftly. with the problem – are much greater than if we This outcome as its name suggests relies on drift along as we have been doing so far. preempting terror attacks by targeting specific identified ‘terror groups.' In the event of an Outcome 1: No more terrorist attacks e.g., the attack that we fail to prevent, our aim must then USA model. This is clearly the most preferred be to swiftly identify the culprits and prosecute outcome. There can be no doubt that the 8
26/11 Reflections and punish them, so that others are deterred places like transport hubs, schools and hospitals, from following in their footsteps. places of religious worship, popular market places, administrative, legislative and judicial Though not as water-tight or secure as Outcome buildings and police and defence 1, many of us consider this as something we can establishments. legitimately achieve within the framework of Hardened infrastructure implies both adequate our existing security and judicial systems. and up to date human and electronic surveillance. Likewise resiliency does not The key terrorist organizations are well known merely rely on the “spirit of the people” but and even recognized as FTO’s (Foreign Terrorist means that disaster management and business Organisations) by the U.S. and other major continuity measures must be instituted and nations. Why then, can’t we go in and “take them tested regularly. Regular fire drills must be out?” Similarly, many of us are outraged at the conducted and crisis management teams and amount the Indian state is spending on keeping business continuity protocols established at a Ajmal Kasab in custody, and cannot understand building, locality and city-wide level. Measures why, in what should be an open-and-shut case, is to seal off escape routes as well as arrange taking so many years to bring to closure. speedy evacuation in the case of an incident must be taken and tested. Regrettably the truth is, that no matter how desirable this outcome, geo-political While the state can undertake this for public considerations make preemption difficult if not spaces and buildings, citizens should be impossible. As for the speed of our judicial encouraged to do the same for private spaces as system, this is something it is going to take a well. The more “hardened” locations we have, while to expedite, and a much larger issue than the tougher it will be for terrorists to wreak dealing with terrorism. havoc.
Thus though Preemption and Retribution is an The interesting thing about focusing on this outcome, that in theory, is much more feasible Outcome, is that it provides insurance against than the first outcome of No More Terrorist more than just terrorist attacks: It creates Attacks, in practice it seems as difficult to resiliency for any kind of disaster. achieve. Conclusion Outcome 3: Harden selectively and recover It is clear that each of the above outcomes is swiftly. As a very wise and senior defence officer different. The scale of resources both financial once told me : “A terrorist functions under the and human, needed to achieve each of these, is garb of an ordinary citizen. He becomes the also different. What is important is that we take enemy within. The only way to fully guard a realistic and pragmatic approach to deciding against terrorism is to police every citizen. If you what is feasible and achievable for us in the can’t do this then harden those targets that you Indian context. Rather than bemoaning the past, feel must be protected, and ensure resiliency this is the dialogue we should have on the everywhere else. Your success is in a swift anniversary of 26/11 and arrive at a bipartisan recovery – if the terrorist knows he cannot keep consensus on which outcome to focus on. Once you down or break your spirit – he has failed.” our target outcome is clear, the chances that we will devote the necessary focus to achieving it, This is the essence of Outcome 3. It is also the are significantly improved. The war against one that is most sustainable in the long run, and terrorism is likely to be a long and prolonged the most achievable in the immediate future. one. It is time we tackled it with the pragmatic determination that is essential to help us prevail. A necessary first step is to identify locations that we wish to protect at all costs. These could be
Meera Sanyal is the Country Executive & Chairperson of the Royal Bank of Scotland and the President of the Indian Liberal Group. The views expressed are personal.
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The Architecture for Securing Lives
~ Akshay Mathur
ndian law enforcement agencies are faced democracy provides fair rights to ever y citizen, with the same issues as large corporations: and it also respects the sovereignty of other I how to design and manage an organization countries. that can swiftly and collectively respond to immediate demands, and yet be able to So, let us examine the progress we have made in communicate and fight common challenges. enhancing our nation-wide capability since 26/11. We have made progress in recruiting. The 26/11 attacks on Mumbai exposed these India has added over 36 battalions with 36,000 challenges with distressing severity. Mumbai did policemen and 21 more battalions, estimated to not have adequate forces to respond, have similar numbers, are in the offing. The Maharashtra lacked coordination strength of the Indian Police between the police, intelligence, Service has also been increased and paramedical organizations, to 4,720 from the existing 3,393 and the centre-state A terrorist attack is in 2011. communication was poor. In the not just an armed weeks that followed the attacks, However, the immediate need is both Central and State attack. It hurts for organization and in governments promised a range of civilians, destroys particular, horizontal and measures. Some were acted upon vertical integration. In a but none were stitched together infrastructure, spreads corporation, horizontal into a comprehensive national toxic chemicals, causes integration enables the different strategy. trauma and much moving parts of a corporation Of course, law enforcement is not such as marketing, production, the same as commercial business. financial damage. Why sales, and finance to synchronize Securing lives is undeniably the would we then think of their efforts while responding to greatest responsibility of a market demands. It ensures that society and a state. Plus, in India, preparing for only an not one is out of step with the the state is subject to our armed attack? other. Our law enforcement Constitution, hence federated in needs similar collaboration on nature, as opposed to a business the ground between the where a CEO can manage from different government agencies the centre. such as the police, army, medical teams, engineering teams, Still, there are lessons on effective integration scientists, and businesses. A terrorist attack is that can be drawn from corporations. not just an armed attack. It hurts civilians, destroys infrastructure, spreads toxic chemicals, To begin with, an honest acceptance of existing causes trauma and much financial damage. Why capability is necessary. What we have the would we then think of preparing for only an capability to do is recruiting, training, armed attack? coordination, and organizational changes. We have the manpower, techniques, and Effective in-service training can achieve this. Our institutions. training strategy must be one that requires constables from local police stations to train What we cannot do, is invest in expensive with other law enforcement agencies and technology or build infrastructure. We are defense forces. That results in agility, speed and limited by financial constraints. And finally, what synchronization. After all, the local police are we ought not to do is unjustifiable arrest or even always closest to the target, as they were on special operations in foreign countries. Our 26/11. 10
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introduced by stakeholders in the chain from One way to do this is by grouping stakeholders top to bottom. As 26/11 exposed, there were six in concentric circles: alerts sent by the Centre to the State about a possible attack on 26/11, specifically Local first: responders such as constables, mentioning sea-borne terrorists. Neither did the commandos, paramedics, coast guard, shop- Centre follow up nor did the State put in enough owners, and municipal (or Panchayat) teams counter measures. Both were restricted by make up the inner and most vitally important capacity and skill. circle. In other words, an extended version of the armed Force 1 that Mumbai has now set up. One solution is to introduce a separate ministry State-wide police, business and engineering for internal security. This was proposed by M. L. teams would form the next, middle circle. Again, Kumawat who was Special Secretary at Ministry this could be an extended version of the State of Home Affairs (MHA) on 26/11. No, this will Industrial Security Force that states like Andhra not create yet another non-functional Pradesh and Gujarat have successfully put bureaucracy or be in competition with the Home together to guard public and private enterprises. Ministry. Many countries in the world – U.S., UK, Maharashtra approved a similar bill in 2010 but Pakistan – already have this in place. Our Home there is little news of progress since. Ministry is overburdened with responsibilities Nation-wide intelligence, defense, that are not related to security – appointment of telecommunication, legislative, and judicial governors, famine and disaster management, agencies form the third and outer-most circle, etc. – accounting for a total of six departments and so on. and 18 divisions. It is a big responsibility for Union Home Minister P. Chidambaram who is In short, the focus of the training will depend on also a member of 19 of 28 Group Of Minister the level, with the immediate and critical focus (GoM) committees. being on the local levels which have not had collective training. A separate ministry for internal security can alleviate these challenges by focusing on This approach is markedly different from having security matters. The ministry can then work National Security Guard (NSG) centres in the directly with nodal officers in the state for four metropolitan cities, which though sharing intelligence. The Pradhan Committee comforting as an immediate measure, is a Report on 26/11 identified the Principal tactical, centre-led response rather than a Secretary (Home) and Commissioner (State strategic, state level response. Intelligence Department), as potential candidates for this liaison from the state. A successful working example of this is the fight against the insurgents in Assam. The A second approach is to introduce a central coordination between the Assam Police and the organization only for fighting terrorism. The U.S. Army’s 4 Corps Command enabled effective has done this by establishing the National operations in the state between 2007 and 2009. Counter-Terrorism Centre. In India, the It led to the surrender of the 28th battalion of Intelligence Bureau (IB) doesn’t have the the insurgent United Liberation Front of Assam mandate, and thus no arms or training, and the (ULFA) in 2007 and subsequent drop in recently created National Investigative Agency insurgency-related fatalities (1,051 in 2008 to (NIA) is responsible only for investigation, not 211 in 2011). Another example from Assam is for preventing attacks. The central government the collaboration between the local police and has already set up eight of 20 planned Counter the bomb detection squads. Bomb explosions Insurgency and Anti-Terrorist schools (CIAT) dropped from 86 in 2006 killing 61, to 10 in but the focus of these is to train for operations in 2011 with zero deaths, and a greater number of India’s naxalite regions as opposed to explosives were detected before being internationally-linked terrorist groups in India. detonated. Thus, a national centre for fighting terrorism is the logical next step. Vertical integration, on the other hand, is traditionally used to eliminate choke-points 11
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Every year, security issues are discussed at the attacks don’t even generate enough of a Annual Director General of Police Conference. response. The recent re-election of Tarun Gogoi But the list of action items only grows longer. In in Assam in 2011 proves that governments that fact, the 2008 annual meeting was held on prioritize security needs, can win elections. November 22, just four days before the 26/11 What remains to be seen is whether we can attack, with the main theme being training of replicate the Assam success in other states, and forces for counter-terrorism activities. This must the nation as a whole. change if we are to be secure. That’s when the tables will turn and Our leadership has stopped over-reacting to corporations will begin to look at law terrorist attacks in India. But equally, these days, enforcement agencies for lessons to draw on.
Akshay Mathur is Head of Research, and Geoeconomics Fellow, at Gateway House.
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26/11: Seriously Not Ready
~ Brigadier Xerxes Adrianwalla
umbai is the world's fourth largest short or medium term. The actions of these urban agglomeration, with an groups will inspire and instruct other extremist M estimated population of 19 million factions in India; this indicates that the threat and an area of 603.4 sq km. The population will most likely continue to grow. We have to density is about 22,000 persons per square develop a serious and coherent response to such kilometre; 89 police stations contain a police threats, particularly in the country’s growing force of approximately 40,000, all ranks number of metropolises. included. Within this intense mass of humanity is a hive of commercial activity, making Mumbai Good governance and equitable wealth a dream target for terrorists. The huge distribution will alleviate some of the movement of people in and out of the city each dissatisfaction which creates fertile recruiting day makes it difficult to identify terrorist grounds for internal factions. The Maoist threat ingress. is one such case.
Much has been said about the resilience of Aim of the Terrorist Mumbaikars in the face of terror attacks. But is In our context, the aim of the terrorist is likely to this resilience or a fatalistic approach to the be to: inevitable? After each attack, we get up, dust create disharmony between different ourselves off, berate the failure of security and elements of the society, intelligence agencies and get back to business, force the government to curb civil the trauma a distant memory. liberties, thereby creating public resentment, 26/11 was the first time a terror attack largely make security forces appear harsh and affected the well-heeled of Mumbai. Hence it repressive, appeared more traumatic due to the stridency of attract public attention to the cause their influential outcry. Much was made about through media exposure, the really serious measures to be instituted. by succeeding i.e., discrediting Budgets were apportioned, knee jerk purchases government capability, humiliating were made and now… we are back to business as Indian security services, causing large usual. scale death and destruction and garnering credible media coverage, So what then were the major lessons of 26/11 terrorists hope to attract both and where are we today? international and Indian recruits to their cause. The Threat In the foreseeable future India will continue to The Security Fallout of 26/11 face a serious terrorist threat from various Government Sensitivity: Overt and harsh quarters. security measures continue, forces have become Some of these are: callous and the public is tired of often routine Pakistan based jihadi terrorist groups; and meaningless security checks. Very few Extremist movements in the East and mature countries have the overt security that we North East which under pressure will have. The Central Industry Security Force (CISF) move westwards; at airports is a case in point: armoured bunkers, Home-grown criminal elements helmets, automatic assault rifles (when did the fostered by the above external forces. soldier last fire it in practice?). These are the trappings usually found in banana republics. Neither India’s nor any other country’s policy is Such an attitude only enhances the terrorist likely to be able to reduce these threats in the cause. Countries who have been hit the hardest 13
26/11 Reflections and longest by terrorism realize that restrictive societies, SWAT teams and other specialist preventive measures instituted by security forces operate on this concept. forces alienate them from the common man. Public Response: Since attacks against the Security must be there but be invisible; one good public, a soft target, are relatively easy and example of this is the advanced screening and cheap to mount, this group will continue to profiling processes at Tel Aviv airport. remain vulnerable. It is important to generate fundamental security consciousness through Intelligence: In the wake of almost every constant public awareness programmes which incident, the public outcry is about “lack of will address: intelligence.” In fact, intelligence is available in the type of threats; plenty; it is the organization and process of the level of awareness expected from correct analysis, dissemination and feedback the public; and that is left wanting. Enough has been written the suitable response drills when and said about this but little to nothing has been attacked. done. Turf wars between agencies will ensure that we are Remember that terrorists are unlikely to go forward on this. like fish swimming in the tide of There needs to be a society. Without adequate local Fighting the Last War: Both support, he is unlikely to be able security forces and society are clear media policy that to function effectively. The invariably caught up in fighting addresses the concerns government should work hard the previous war, thereby to win over the common man in disregarding the important fact of both government support against terrorism. that the next war will agencies and the undoubtedly be different. media. We must not Information Security Protocols: Incidents are unique in terms of In times of crisis, we tend to take location, method, and weapons of allow such incidents to our democracy too seriously. attack. A telling case in point was become electronic Why must the press and public the 26/11 attack. Most previous have unfettered access to a site terrorist incidents were bomb Roman Circuses while operations are in progress, attacks and both public and particularly when such real time private security forces had airing of the situation instituted measures to check for jeopardises the lives of security bombs. In a radical departure from the forces and hostages? There is an opinion that bombings of the past, 26/11 was a fire assault during 26/11, the Pakistani handlers of the using automatic weapons. Public or private attackers were getting real time feedback on the security agencies were simply not geared to actions of the security forces through the meet these attacks. constant and detailed coverage of the event by the Indian media. Attempts at creating special forces have been made, for example, the raising of Force One and Clear cordons and police lines must be the relocation of the National Security Guard to established to allow all agencies involved in a metros. However these measures have since situation to function without hindrance. There been mired in bureaucratic wrangling, voiding needs to be a clear media policy that addresses the efficacy of such actions. the concerns of both government agencies and the media. We must not allow such incidents to Since it is not possible for security forces to have become electronic Roman Circuses. In doing so, a dedicated arm to address each kind of threat, it we only play into the hands of the terrorists, becomes important to have a multi-disciplinary creating the oxygen of publicity that the terrorist organization with a brick system. This will craves. ensure that appropriate skills are available in the central pool and can be swiftly deployed to Police Reforms: Various commissions have been meet each unique situation. In developed ordered after each attack, they have 14
26/11 Reflections recommended extensive police reforms, but thinner in the discharge of their duties, there is there seems to be a convenient amnesia on part an increasing tendency to move towards private of the government when it comes to their agencies to handle security functions. Most implementation. As soon as the trauma wears companies and individuals have some form of off, budgets cannot be found and archaic private security at office and at home. The only acquisition policies undermine progress. Some statutory provision governing them is labour- of our police are still equipped with weapons of related; there is very little regulation on their Second World War vintage. Witness the Railway legal empowerment to fulfil their duties. Protection Force (RPF) at CST during the attacks, trying to use .303 Lee Enfield rifles that This requires urgent attention. Clear-cut jammed. In a mistaken attempt to modernize, government policy must be drafted to enable AK-47 assault rifles are being distributed such agencies to function effectively. indiscriminately to various police forces. The AK-47 fires at 600 rounds per minute; if used by The threat is here to stay in the foreseeable untrained police personnel, it does not require future. 26/11 was not the first attack on much imagination to visualize the mayhem it Mumbai, nor will it be the last. How and where could cause amongst innocent bystanders. will the next strike be? Our resilience seems to lie in only one aspect: our unwillingness – and Private Security Agencies: As police and inability to be seriously ready. paramilitary forces are being stretched ever
Brig. Xerxes Adrianwalla is Chief of CIS and Group Security of the Mahindra Group.
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26/11 - National Day of Remembrance
~ Admiral Venkat Bharatan
6 November should be declared a lack of coordination. It calls for the state National Day of Remembrance. Not a government, Navy, Coast Guard, police, Port 2 holiday, but a day of formalised debate Trusts and other mercantile marine agencies to and informed discussions for seminal review set up a maritime governance centre. It will and introspection on what happened that day in make Maharashtra, and Mumbai, India's Mumbai, what has been done to prevent a repeat financial capital, a pioneer in the country. and what needs to be done to create a robust response that is unified yet decentralised. What is maritime governance? It is the coordination of all maritime activities with a A cursory glance and even a detailed study will constant, collective awareness of the reveal that barring ineffective notional changes, surrounding maritime domain. It will require Mumbai is still a sitting duck, awaiting a repeat the various agencies like the navy and coast disaster. It could be any or all of these – guard, along with support from the police, terrorism from the sea or land, maritime customs and port trust, to create and deploy disaster in the form of a tanker collision, oil rig standard operating procedures. The mercantile collapse, oil pollution, monsoon mayhem at sea marine department can be chartered with and at shore. In every case we will still only react merchant vessel management together with the instead of responding in an organised manner. shipping companies, stevedores, etc. The Of course there have been improvements to the Maritime Governance Centre (MGC) will be systems, but those are mostly ad hoc and piece- responsible for the oversight of all sea-going meal. Neither have our authorities or our public, activities and make sure the stakeholders have the determination to manage a crisis effectively available and ready with them, the checklist of or even attempt pre-emptive prevention. required resources. Models to follow are Mumbaikars passively hope that nothing will Automated Mutual-Assistance Vessel Rescue happen and if it does, they will muddle through System (AMVERS) of the U.S. Coast Guard. Or as usual. France’s Prefet Maritime, a civil servant charged with the sovereignty of the sea who reports Mumbai is a megapolis of admirable directly to the Prime Minister. This was created accommodation by its citizens. Most people are in 1800 to unify the command of the harbours ‘sea blind’ – i.e., blissfully unaware of the sea and the command of the navy. that surrounds them, save a vista to be admired or a beach in which to immerse their toes. In The Indian Navy has a white paper planned on contrast, to those connected with matters Maritime Domain Awareness. A committee of maritime, the complexities of its management, secretaries has already been set up. These the immense economic potential, the intentions have to be made real. In the short, porousness of its coastline, the maritime medium and long term, maritime governance is security challenges and the fiscal impact of any the only answer for Mumbai across the span of sea-borne crisis is obvious. Three years after the security, commerce, trade, disaster, crisis attack, we are nowhere near a formalised management, and fishermen/fishing fleet Maritime Governance Code, which can put an protection. end to the current compartmentalisation and
Vice Admiral Venkat Bharatan is a retired Admiral of the Indian Navy.
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The Right to Security Act
~ Jayaprakash Narayan
t has been three years since the ghastly rights are both reconciled? Clearly, compliance slaughter of innocent citizens in Mumbai. with a strong law is preferable to acting as judge, I Once again, the way our people, jury and executioner outside the boundaries of transcending faith, have responded is a tribute law. to the inclusive, mature approach of Indian society. Secondly, post–26/11 the National Investigative Agency (NIA) was specifically set up to deal with But now it is necessary and timely that we take offences relating to internal security with the stock of our failings and the progress we have powers to initiate suo moto investigations. made in addressing them. The issue of terrorism However, the public has not seen successful is complex and multifaceted; perhaps that is why outcomes from the NIA yet. Even in cases of we keep hearing statements that we can’t successful conviction of terrorists such as the guarantee a 100% terror-proof society. But it is attack on Parliament and the assassination of only when the public is convinced that the Rajiv Gandhi, we have seen inexcusable delays in government has done enough, enforcing punishment. It is can that government be seen as a absurd that mercy petitions of legitimate authority. Else, the those convicted of terrorism are people will not be partners in the There are many dealt with in a routine manner fight against terrorism and the on par with convicts charged battle will be lost. What we need elements that need to with routine offences. A now is a Right to Security Act – be in place before sequential review of the mercy and a people’s agitation to bring people can demand petitions that disregards the it to the nation’s notice. nation’s stakes in awarding their right to security exemplary punishment to those There are many elements that against terrorism guilty of terrorism is a sign of need to be in place before people bureaucratic callousness. can demand their right to Terrorist crimes should be given security against terrorism. primacy to ensure that there is no delay in the legal process to enforce the Firstly, addressing terrorism requires a strong punishments. The solution is for Parliament to legal framework. Do we have one in place? The consider enacting a legal provision that compels Terrorist and Disruptive Activities (Prevention) the government to submit a half-yearly report to Act (TADA), the revoked Prevention of Terrorism the legislature on the status of terrorist Act (POTA), and Unlawful Activities (Prevention) investigations to the extent disclosable including Amendment Act of 2008 (UAPA) are efforts the conviction rate and the status of mercy made in this direction. The problem with such petitions, if any. strong laws is that without robust safeguards, they are prone to misuse by the political Once these reports are in the public domain, and executive against its opponents. POTA failed this Parliament debates them, timely action can be test despite having review committees to taken to correct past mistakes and learn from scrutinize cases filed under the Act. It is now best practices elsewhere. Such periodic public vital that the UAPA does not meet the same fate focus on national security will keep the and anti-terror efforts are not weakened by the enforcement agencies on their toes and ensure ire of human rights activists and people at large. accountability. A weak law habitually violated by officials anxious to safeguard the nation against Thirdly, there still isn’t adequate coordination terrorists, or a strong law which is strictly within the intelligence and law enforcement adhered to, so that national security and human agencies. The home minister has proposed a 17
26/11 Reflections
National Counter Terrorism Centre (NCTC) to Finally, we need a strong civil society that puts bring the myriad intelligence agencies under adequate pressure on the government to beef up one unified command. So far the proposal has the system. The response of Mumbaikars after met with strong resistance from these agencies 26/11 was commendable – but momentary. We who fear the encroachment of institutional turf. still do not have any noteworthy civil society It will need strong political leadership to deal organizations demanding a “Right to Security” in with this resistance and create a coherent, the same way that there has been a demand for effective and integrated institutional intelligence other rights such as information, services, food, framework. education, etc. Mumbaikars still have a poor showing during elections, despite knowing that Fourthly and perhaps most importantly, is the the ballot is the best way to demand capacity of ground level police and other accountability. enforcement agencies. Has that been enhanced? India has around 150 policemen for every Rampant corruption, weak and inept leadership, 1,00,000 citizens; the United Nations prescribes bureaucratic turf battles and plain lethargy have 222 per 100,000 citizens. Most western exposed our vulnerabilities as a society. The countries maintain ratios of around 250 – 500 1993 Bombay blasts were possible because the per 100,000 citizens. Even the sanctioned terrorists could bribe customs officials and get strength within our own system is often not RDX consignments cleared. Incoherent and filled. The 40,000-strong Mumbai police force is delayed responses are strengthening the will of reported to have a 15% vacancy rate. Existing the terrorist, and weakening the morale of the forces are still not trained to deal with future nation. Inter-agency battles are weakening the terrorist threats. The procurement of country. In contrast, terrorist outfits are bulletproof jackets, which could have saved the determined and relentless in their efforts to lives of police officers on 26/11, has become undermine our unity and strength. We need mired in corruption and controversy. Nor are resolute action and a relentless vigil to protect our surveillance capabilities up to standard. our interests. How else can one explain that a big boat gets washed up on Mumbai’s shores without being State and society should be partners in this noticed by our security agencies? After the July quest for safety of our citizens and security of bomb blasts in Mumbai, the government said the nation. We need a comprehensive legal that the excessive public focus on corruption has framework that fuses three vital elements: caused the delay in the process of procuring effective coordination among all security such life-saving equipment. If the government agencies, reconciliation of security with human cannot balance the requirements of providing rights, and engagement of citizens in the adequate security apparatus with ethical protection of their nation. The Right to Security standards in procurement, should it continue to Act that will integrate all these elements is the be in power? need of the hour.
Jayaprakash Narayan is the founder and President of the Lok Satta Party – new politics for the new generation.
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26/11 Reflections
Why the UN Didn’t Respond to 26/11
~ Dr. Waheguru Pal Singh Sidhu
oday, at the national and regional level, woeful inability of SAARC to effectively address large loopholes still exists in the security terrorism at the regional level. T system. On the international front, however, there have been a lot more initiatives At the international level, over the past decade, yet the apex body of the UN remained silent the United Nations system (comprised of post–26/11. Were they justified in holding back? member states and various institutions) has done a commendable job establishing The third anniversary of the heinous 26/11 international norms and rules to combat assault on Mumbai, which terrorism. Starting with UN coincides with the tenth Security Council Resolution anniversary of the 9/11 attacks (UNSCR) 1373, adopted in 2001, and the attack on the Indian which established the UN’s parliament, are a stark reminder At the regional level, Counter Terrorism Committee that despite efforts at the despite the 23-year old (CTC), the world’s most national, regional and South Asian exclusive decision-making body international level, the spectre of has also passed a number of terrorism continues to haunt the Association for other resolutions, notably world. Regional Cooperation UNSCR 1540 (2004), UNSCR 1566 (2004), and 1624 (2005), At the national level, even three (SAARC) Regional aimed at countering terrorism. years after the horror of the Convention on Mumbai attacks, the nation’s Suppression of These resolutions strengthened capacity to detect and disrupt the 14 other UN conventions such plots remains appallingly Terrorism and its and protocols (the earliest inadequate. This was apparent Additional Protocol, dating back to 1963) dealing when an abandoned 1,000-tonne with terrorism. Combined with merchant ship, the MV Pavit, there is little or no the United Nations Global drifted and ran aground, coordination on Counter-Terrorism Strategy, undetected, on the Juhu-Versova counterterrorism at adopted unanimously by the beach in June 2011. If a ghost General Assembly in September ship like the MV Pavit is not the practical level 2006, these established the UN’s spotted, let alone intercepted, it four-pillar counter terrorism raises troubling questions about strategy of: the ability to stop smaller vessels Measures to address the being manoeuvred to evade detection. conditions conducive to the spread of terrorism; measures to prevent and combat terrorism; At the regional level, despite the 23-year old measures to build States’ capacity to prevent South Asian Association for Regional and combat terrorism and to strengthen the role Cooperation (SAARC) Regional Convention on of the United Nations system in that regard; and Suppression of Terrorism and its Additional measures to ensure respect for human rights for Protocol, there is little or no coordination on all and the rule of law as the fundamental basis counterterrorism at the practical level. This was for the fight against terrorism. evident at the latest SAARC summit in the Maldives, where Pakistan’s oft-repeated promise One indication of the success of the UN system to persecute the individuals responsible for in establishing norms against terrorism is the Mumbai only underlined the lack of progress. acceptance of these conventions, resolutions and Similarly, Islamabad’s inability to act against the strategy by the majority of UN members. Jamat ul Daawa, despite evidence, indicates the According to India’s Permanent Representative 19
26/11 Reflections to the UN, Hardeep Singh Puri (who is also the unwilling to call Islamabad to task. This despite chairman of the CTC), on “11 September 2001, the fact that even three years after the strike on only two states were signatories to all the [then] Mumbai, Pakistan has not prosecuted those 12 UN conventions relating to terrorism. That responsible and was in clear violation of UNSCR number has now grown to 111.” 1456 of 20 January, 2003, which categorically notes: “States must bring to justice those who However, the implementation of these measures finance, plan, support or commit terrorist acts have been found wanting, partly on account of or provide safe havens, in accordance with the lack of capacity of the various UN agencies as international law, in particular on the basis of well as some member states. Most worrying is the principle to extradite or prosecute.” the ambivalence because of some countries’ inclination to support these norms in word but In theory, the UNSC could impose sanctions not in deed, compelling Puri to call for “a greater against a country that violates its own statues. In focus on States’ implementation of resolution practice, however, this is not likely to happen in rather than on ‘reporting’ as an end in itself.” the case of Pakistan, primarily because Islamabad (despite its growing intransigence) is This severe drawback is evident in the case of a key ally of the West in the counter-terrorism the 26/11 Mumbai attacks. In previous attacks operations in Afghanistan. in other parts of the world – for instance, in London on 7 July, 2005 – the UN Security Council While there is an inherent reluctance on the part (UNSC) passed UNSCR 1611 (2005) on the very of the UN counterterrorism architecture to same day condemning the attacks. Similarly, the confront state-sponsored or even state- UNSC also adopted UNSCR 1618 (2005) to unsponsored terrorism, such dereliction to condemn terrorist attacks in Iraq and asked for uphold the painstakingly established norms is specific actions to be taken to counter these likely to erode the entire structure. attacks. In addition, the UNSC has regularly passed resolutions under Chapter VII of the UN There was a time that state-sponsored terrorism Charter (which authorises the use of force) was winked at on the mistaken assumption that aimed at “Al- Qaida, the Taliban and other one person’s terrorist is sometimes another individuals, groups, undertakings and entities person’s freedom fighter. However, in the wake associated with them, for on-going and multiple of 9/11 and the Mumbai attacks, such a criminal terrorist acts aimed at causing the distinction is no longer tenable or justifiable deaths of innocent civilians and other victims, under any circumstances. destruction of property and greatly undermining stability.” Against this backdrop and under the Indian presidency of the CTC, the UN is now developing Significantly, no such resolution was a norm “to ensure zero-tolerance towards forthcoming after the Mumbai attacks. terrorism” and particularly urges States to: Prevent those who finance, plan, One possible explanation for this lapse is that facilitate or commit terrorist acts from the Mumbai attacks were not carried out by using their respective territories for entities associated with Al-Qaida and Taliban those purposes against other States or and did not also directly affect the interests of their citizens and to deny safe haven to the permanent members of the UNSC. A persons engaged in these activities; resolution was passed after the London attacks Bring to justice those who finance, plan, because the UK is a permanent member of the support, facilitate, or commit terrorist UNSC. As India was not even an observer acts, in particular noting the principle of member of the UNSC at the time of the Mumbai “extradite or prosecute”, in accordance attacks, it might not have been in a position to with international law, including human propose such a resolution. rights law; Enhance cooperation in bringing Worse, even as the involvement of Pakistan’s terrorists to justice, including security establishment in the Mumbai attacks cooperation in the prevention, became evident, the UN system was unable and 20
26/11 Reflections
investigation, and prosecution of terrorists and offences; Unless the UN system can adequately respond to Prevent the movement of terrorists, the challenge posed by 26/11, by holding states including the supply of weapons, like Pakistan accountable for their role in through effective border controls. transnational terrorism, the elaborately constructed international counter-terrorism While the effective implementation of these system will lose its credibility. If international would clearly prevent another 26/11-like terrorism is to be effectively tackled, then episode, it is not clear whether the CTC, even Mumbai’s experience cannot be allowed to go under the Indian leadership, can ensure their unpunished or repeated. operationalization.
Dr. Waheguru Pal Singh Sidhu is a Senior Fellow at CIC, working primarily on the Managing Global Order and Peacebuilding as Statebuilding programs.The views expressed are personal.
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26/11 Reflections
26/11 Revisited from Lahore
~ Masood Hasan
o me, Mumbai is very special because it is the ostrich syndrome in us. We sought shelter no ordinary city. Its sheer energy, behind notions like attributing to the attackers T rhythm, drive, glamour and joy of living the status of mercenaries acting in their infect you. It is a city where anything is possible, personal capacity – non-state personnel, or at whatever the odds. Between its shanty the bidding of shady outfits, some here and townships and swinging nightlife lies the some across the border in India. Even Zionism, essence of ‘Incredible India’ – a city mired in Pakistan’s favourite whipping-state, was thrown poverty yet soaring across the world. On many into the cauldron of blame, as was the United visits to Mumbai, almost to a man – or woman – States. I think Canada was lucky to escape the Indians never mentioned the ‘K’ word – Kashmir. conspiracy-mongers’ flights of fancy. General They talked of steaming ahead. And almost denial and British ‘nefarious’ designs were aired everyone talked vaguely about ‘being one’ – with when at least one UK newspaper reported live Pakistan – in tones bordering on nostalgia. almost immediately from a village in Punjab, establishing Ajmal Kasab’s Here, in Pakistan, the ‘K’ word is like Pakistani identity. a well-intoned mantra, and the Indian nostalgia for ‘being one’ finds There was much fuss over the no supporters. It is partially why As India waited with Indian-compiled report on every peace or normalization increasing frustration, 26/11 that had been initiative gets bogged down. There Pakistan officialdom delivered to the Pakistan are other factors too, namely the government. As India waited Pakistan army’s ingrained but sat on the fence with increasing frustration, seldom admitted paranoia of looking for thumbs to Pakistan officialdom sat on becoming irrelevant in the event of a the fence looking for thumbs peace deal. Ditto with the nutty twiddle to twiddle. Weeks later, the hawks and right wingers, who interior ministry went as far dream of hoisting the green and as to claim that it was still
white flag over the Red Fort in New ‘examining’ the document. Delhi. Then there are the ‘jihadis’ with their The Indian government was convinced that the crazed agenda. It is a bubbling, frothing cauldron delay was deliberate to ‘buy’ time. Most assumed and no one knows what’s cooking inside. Thus, that the 26/11 dossier was the size of Everest. It even a whiff of relation – normalization is wasn’t. It could have been read in minutes and immediately followed by a feeling of euphoria answered within a week at the most. But no one and just as immediately – and sadly – by was that interested. It was more important to disappointment. develop a ‘posture’ than an answer. The farce continued. Mumbai is no stranger to terrorism. Between 1993 and 2011, almost 750 people in the city The truth was and is that the act was committed have lost their lives to terrorist attacks, and by Pakistani militants trained in Pakistan. Senior thousands have been injured. When 26/11 military persons maintained then and now that happened, there was widespread shock in this act did not have the support of the ISI or any Pakistan. But as evidence clearly indicated our other organ of the Pakistani government. These involvement, voluntary or otherwise, there was terrorists evidently belonged to the banned denial. This was followed by indignation. The outfit called Lashkar-e-Toiba (LeT) and were attackers were all from Pakistan yet this fact did responsible along with the Inter-Services not dampen the enthusiasm of Pakistani officials Intelligence (ISI) in fomenting trouble in Indian to deny all responsibility. The carnage that was Kashmir. It and many of the banned outfits roam beamed non-stop, world-wide, instead induced freely here. Half a dozen, otherwise banned, 22
26/11 Reflections have been allowed to collect skins of sacrificial “parts of the attack were planned in Pakistan.” lambs this Eid. The left hand-right hand analogy Arrests here and abroad of many Pakistanis and at play! foreigners linked to Mumbai continued, the LeT was charged formally. But nothing further is Possibly the first senior official of the Pakistani known of that move, buried as it is in tons of government to directly get in touch with the reports and speculations. Indian government then was the National Security Advisor, Maj. Gen. Retd. Mahmud Ali In India, the finger has pointed at various outfits Durrani, who offered to send Pakistani – the Indian Mujahadeen, the Mumbai investigators to Mumbai to work alongside the underworld, Kashmir militants, Islamist groups Indian investigating team – a thought echoed and Students of Islamic Movement of India, the much later by Prime Minister Gilani. The last of which allegedly planned the attacks with Indians, especially the media, had already gone the LeT. There is a mind-boggling amount of berserk. The Indians accused the ISI of being data and nothing is still clear. With the imminent involved, basing their reasoning on the origins of hanging of Kasab, the sole survivor after the the attackers, their route, meticulous planning, rejection of his February 2011 clemency plea, intercepted calls and so on. They also this chapter too will close. Kasab’s charge that maintained that such a complex operation could the attacks were conducted with the support of not have been undertaken without the support Pakistan’s ISI will never be proved. of the Government of Pakistan and the ISI. Pakistani officials in retaliation maintained that Average Pakistanis were shocked and saddened if a dozen Saudi citizens could pull off the 9/11 at the carnage and killing of innocent people – disaster then surely the LeT, a well-trained and but not all. Today most Pakistanis no longer battle-hardened group, could do it on their own seem to have any interest in the case. From the without the ISI masterminding them. front pages to the back, then inside and now small snippets tucked away, it has lost out in the Logical in a twisted way, perhaps. Convincing, aftermath of other terrible events that steadily no. continue to rock us. It will revive briefly if and when Kasab is hanged. Then like him, it too will With India accusing Pakistan, the latter changed cease to be. positions from silence to denial to going on the defensive. An offer to help and the Prime As for the rest of us, we live on uneasily with so Minister’s promise to send the ISI chief to India many known and unknown outfits freely going (didn’t win the P.M. any brownie points with the about their black business – the current flavour army and eventually he did not go) did not of the month is the Haqqani Group with the U.S. result in the crisis abating. Even if the ISI was braying for its blood. In such murky times, the not involved, there is no doubt that it brought truth becomes an easy target and for the strained relations between the two government spokespersons to take cover and neighbours to the lowest level and set back any assign blame where it cannot be verified, simply slender chances of peace. Instead, war at one becomes manageable. point, was imminent. The Security Advisor who revealed to a Pakistani TV channel that Kasab Only more people-to-people contact will begin was very much a Pakistani, was sacked. Later, on to overcome the history of mistrust between January 7, 2009, the Minister for Information, Pakistan and India. When both governments ban Sherry Rehman also said the same thing, but that silly ceremony at the Waghah border, it will escaped a sacking – though she later quit. A mean more than we can think. month later, Pakistan’s Minister of Interior, Rehman Malik, not the most discreet man in But when will this happen? Your guess is as Pakistan, admitted Kasab’s identity and said good as mine.
Masood Hasan is a Lahore-based columnist who has written for English dailies over a long period. He has been a regular contributor to The Khaleej Times, Midday and other newspapers and periodicals and the author of the book “The Doggone Years.” He writes on social issues, politics, the human condition and cricket.
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26/11 Reflections
India: Up-and-Down on Pakistan
~ Inder Malhotra
ust two months ago, the United States coordination among all agencies responsible for J observed the tenth anniversary of 9/11 with combating terrorism. great solemnity and manifest determination never again to allow its repetition. There is little Whatever we have been able to achieve is not at sign of similar sentiment here on the eve of the all comparable, and this leads me to the second third anniversary of Pakistan’s savage terrorist main point. The concept of the National attack on Mumbai. People seem to have virtually Investigation Agency (NIA) was forgotten the horrific assault; a few are advising unexceptionable. We need an agency to others to forget the past and “think of the investigate all terrorism cases. But what is the future,” whatever that might result? Nearly two-and-a-half mean. years after it took over the investigation of the Malegaon These sentiments can be allowed All terrorism afflicting blasts in 2006, the court has had to pass. Our real worry should be to release on bail seven of the that while there has not been a India is not the nine accused for want of an iota single terrorist attack on the U.S. monstrous type from of credible evidence. The NIA’s for a whole decade – some performance over the bomb amateurish attempts were nipped across the border and blasts in the Delhi High Court in in the bud – there have been quite the Line of Control May is no better. At first it made a few here in India during the (LoC) in Kashmir. In strident claims of having past 36 months. One reason for “cracked” the case and also the unequal comparison is, of what V. S. Naipaul made some arrests in Jammu course, that Fortress America is called the land of 'a and Kashmir; then it released its blessed by geography. By contrast prisoners and went silent. India has long and porous land million mutinies,' the borders with not only the Maoist menace is the What makes this already dismal neighbour that uses terrorism as worst threat to India’s situation worse is that quite a an instrument of policy but also number of sensible decisions, with nearby countries to the internal security taken in the aftermath of 26/11, north and the east through which have not been implemented at these merchants of death and all. For instance, the terrorists destruction transit into this who converted Mumbai’s five- country. Yet, after full allowance has been made star hotels into slaughterhouses had landed by for this factor, the fact remains that our sea at the Indian Navy’s most important counterterrorism efforts, so far, have been command and the main area of operation of the woefully deficient. Coast Guard. The government had then wisely decided to have a full-time Maritime Security The problem is vast but let us examine the Advisor. However, nothing has been heard on the situation on three crucial counts. subject since.
First, compared with the speed and vigour with All terrorism afflicting India is not the which the U.S. made its counterterrorism monstrous type from across the border and the machine and methods foolproof and knaveproof, Line of Control (LoC) in Kashmir. In what V. S. we are progressing at a snail’s pace and, at Naipaul called the land of 'a million mutinies,' times, far too casually. The Americans set up a the Maoist menace is the worst threat to India’s new department of homeland security, internal security. But two high-level inquiries reorganized their intelligence establishment into squalid episodes in which Maoists under an intelligence czar and ensured enviable massacred personnel of our security forces with 24
26/11 Reflections impunity, have concluded that those assigned the task of defeating the Maoist rebellion – that Under these circumstances it has not been easy extends from Pashupati in Nepal to Tirupati in for Dr. Manmohan Singh to follow a policy of Andhra Pradesh – are “badly trained, badly dialogue with Pakistan. But, to his credit, he has equipped and badly led.” stuck with it. For it is the only viable policy. One can’t not be on talking terms with a neighbour Rather than go on in this depressing strain, let with which one has acute problems. me take up the third angle from which post- Mumbai events have to be judged: our So there have been numerous ups and downs in interaction with Pakistan, the source of the this exercise. Sharm el Sheikh, in August 2009, trouble. For the United States, the choice was turned into a fiasco. Things have moved some easy: to vow to decimate Al Qaeda through a since the 2010 SAARC summit in Thimpu where global war on terrorism in which Pakistan was Dr. Singh met with his Pakistani counterpart, co-opted under the threat of “bombing it to the Yusuf Raza Gilani – but very slowly. Much Stone Age.” In my view, it was a sound policy of enthusiasm was generated at the latest SAARC the Manmohan Singh government not to start a summit on the island of Addu in the Maldives, war between the two nuclear powers, which is where Dr. Singh described Mr. Geelani as a “man what any kind of military action, however of peace” and promised to write a “new chapter” limited, would have led to. Mobilizing in India-Pakistan relations. Expectedly, he had to international pressure on Pakistan, to punish later tone down his remarks. appropriately both the perpetrators and masterminds of 26/11, was a better course of Still, the dialogue continues, helped by such action. Pakistani gestures, to move, at long last, towards restoring normal trade relations. New Delhi also Its results have been limited, however, because feels that Pakistan’s troubles on its western the Pakistani response, beginning with total border, and tensions between it and its main ally denial, has been extremely tardy and at best, and mentor, the United States, will persuade it of only incremental. The trial of the accused the wisdom of making up with India. But now persons is practically moribund. Islamabad comes “Memogate” which has brought into the wants to take no action at all against Hafiz open the head-long confrontation between the Saeed, head of the Jamaat ud Dawa and founder all-powerful military chief General Ashfaq of the Lashkar-e-Toiba (LeT). On a visit to Kayani and the weak President Asif Zardari, Islamabad in August 2009, I raised this matter which might impede decision-making in with every interlocutor, some of them old Pakistan. friends. Almost all of them remonstrated with me for “focusing on just one man.” At one stage, In this unstable environment, the best that can an intrepid journalist said that no Pakistani be expected is to continue the dialogue with due government would act against the Hafiz because emphasis on terrorism as the main issue, but not “he has enough armed followers in Lahore alone to pitch our expectations too high. For that who would raise hell in Punjab.” Since then the would be the surest way to disappointment. hold of the jihadis on Pakistan has increased manifold.
Inder Malhotra, a former editor of The Times of India and Guardian correspondent in India, is a syndicated columnist. The views expressed are personal.
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26/11 Reflections
The ISI: U.S. Backers Run for Cover
~ M.D. Nalapat
n September, the recently-retired U.S. Joint progress of a country that it sees as a rival – Chiefs of Staff, Mike Mullen, warned of the India. I risks to international security because of the propensity of the Pakistan army to back – It was easy to play these games in the early days. sometimes covertly, but usually Till 9/11, the U.S. regarded openly – Wahabbi extremist Wahabbi-based terrorism as a fighters. However, he left unsaid problem far from home. This the name of the country that has In the past, a large perception was shared by been most responsible over six many Europeans, even though decades for causing this risk to share of the funds used other manifestations of the develop. by the Khalistan scourge had for decades hit the continent, such as the Since the 1950s, the Pakistan army movement were actions of the Basque has been, in a significant way, the formed out of separatists in Spain or the IRA creation of the U.S. military and collections made in in the UK. The latter country, intelligence services, including its in fact, prided itself on the fraternisation with jihadis. Even as cities such as Los sanctuary it afforded to any the former admiral was talking of Angeles and Toronto. extremist who was a self- the 'double-dealing' of the labelled 'freedom fighter.' To Pakistani military, U.S. military and In fact, the latter this day, collections are made intelligence officers were going location, together with by citizens of the UK, which through the very same ‘double- Paris, was a prime are sent directly to dealing’ machinery in order to gain organisations active in access to elements such as the source of funds utilised Kashmir or for the Naga Taliban. And as before, they were by the LTTE until its insurgency. The latter is made using the Pakistan side to gain possible by Anglican church information about the country that 2009 collapse at the groups which still have has become the biggest challenger hands of the Sri collections for ‘charities’ active to U.S. military dominance – China. Lankan army in Nagaland that oppose Indian ‘domination' – without Prior to the fall of the Soviet Union a peep from Indian authorities. in 1991, the U.S. had teamed up with China in encouraging the In the past, a large share of the Pakistan army to weaken its Indian counterpart funds used by the Khalistan movement were through non-conventional and clandestine formed out of collections made in cities such as methods. After that, Washington's policy Los Angeles and Toronto. In fact, the latter changed to one of benign acquiescence to the location, together with Paris, was a prime source ISI's (Inter-Services Intelligence)operations in of funds utilised by the LTTE until its 2009 India – even after 9/11. It was only after the collapse at the hands of the Sri Lankan army. 26/11 attacks showed that Western interests These days, countries that are more were almost as much at risk as India's, that the 'progressive' in Europe, notably Norway, have U.S. began to actually – as distinct from formally picked up some of the slack, encouraged by a – discourage Islamabad from using Wahabbi and state that believes it has a magic wand that can other proxies to launch attacks within India. Of turn extremists into good citizens in any part of course, China's People’s Liberation Army has, to the globe. Flush with cash and with a taste for date, continued the policy of seeing in the ISI's exotica, Norwegian-funded NGOs have antics a useful way of slowing down the blossomed in conflict locations, usually on the side of those confronting established 26
26/11 Reflections authorities. Should the Sri Lankan or another the actual nature of the only organised military government ask Interpol for an international in the world that has 'jihad' as its motto. Small arrest warrant to be issued against those wonder that a year prior to the (1995) meeting, funding and otherwise backing groups engaged former Assistant Secretary of State for South in organised violence, it may have some effect on Asia, Robin Raphel and U.S. Ambassador to the volume of such 'Good Samaritan' Afghanistan Zalmay Khalilzad, had already contributions. The Government of India is, of begun the programme of facilitation that course, far too genteel to even think of such ensured the takeover of 86% of Afghanistan by measures, no matter what the havoc such funds the Taliban in 1996. A check of the output of collected from the 'civilised world' have done to journalists of that period will show the credulity its internal security. of the U.S. and UK media of the actions and analysis of Raphel and other Pakophiles within While others may argue that it is better late than the Beltway. never that the former Chairman of the Joint Chiefs of Staff realised the truth about the ISI Faith in the Pakistan military, and in the and the broader Pakistan army, the reality is that Wahabbi elements within the ruling elites of the the fusion of the military in that country with Gulf Cooperation Council countries, comprise terrorists has been known across the globe. In the hole in the ozone layer of counter-terrorism its very first war, waged against India over strategy – a gap through which numerous Kashmir during 1947–1948, the Pakistan army terrorist groups and individuals have escaped relied on irregulars armed by itself to soften up punishment. Till today, the U.S. hesitates to place resistance from the forces of the Maharaja of international sanctions against even those Kashmir. This fact was not unknown to members of the ISI that the Defense Intelligence Pakistan's backers in the UN, notably the U.S. Agency and the CIA know are aiding terror and the UK, both of whom succeeded in making groups, in contrast to their zeal against a a fool out of Indian Prime Minister Jawaharlal defanged and collaborative Muammar Gaddafi. Nehru when the latter placed the issue of Pakistan's aggression before a UN Security Until the United States accepts that the only path Council – a body dominated by those unhappy to success in cleansing Afghanistan of significant with his anti-colonial rhetoric and impressed terror groups is to take the war to the Pashtun with the effusive promises of Pakistan to remain areas as a whole, including those located in as loyal a follower of the superior wisdom of the Pakistan, the Taliban will continue as a potent occident as Mohammad Ali Jinnah was of threat. The former Soviet Union made the Winston Churchill. mistake of not even trying to interdict weapons and explosives supplies from Pakistan that had Sixteen years ago, Gene Madding, an official in been flowing into Afghanistan since 1978. the Clinton administration, organised a meeting President Obama has been more robust in the for this columnist in the innards of the Clinton drone program than the pro-Pakistani Defence administration. More than a dozen analysts and Secretary Dick Cheney, allowed George W. Bush officials showed up for the inquisition, and there to be. But these attacks – like those on Mumbai – was a knowing cynicism about the part of the represent only a small fraction of the attention presentation that held the Pakistan military as a needed to be paid by the Pentagon to the pro-terror force. "That's because you're an Pashtun territories as a whole. And after 26/11 Indian (that such a point was made),” was the (which incidentally this columnist was the first comment of a State Department analyst who was to expose as being an ISI operation in introduced as an expert on south Asia. Despite upiasia.com), there is no place to hide for the the first World Trade Centre attack – and its Mike Mullens and countless others who have, obvious link to Pakistan – the Clinton throughout their careers, been apologists for the administration remained in total denial about Pakistan army and the state it controls.
M.D. Nalapat is the director of the School of Geopolitics at Manipal University in Manipal, India.
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26/11 Reflections
9/11 and 26/11: Are We Any Safer?
~ Bob Dowling
s the U.S. safer after ten years of war in cash economy is growing poppies and cannabis Afghanistan? When President Barack Obama for the export of opium, heroin, and hashish. I was posed this question on October 7, he This means that after Afghanistan is taken off said yes. external aid, it will be pretty much like Mexico and Colombia – a drug economy. Obama’s reasons were that the U.S. was ending wars in Afghanistan and Iraq from a “position of So what’s the verdict? strength”, that Osama Bin Laden was dead, and that Al-Qaeda was degraded to At this point, most Americans the point of defeat. Left out of the don’t care. Battling a weak Afghan perspective was whether economy, subjected to a daily the U.S. could count on Pakistan The disclosure last barrage of election promises by to be a peacekeeping ally or a presidential candidates and disruptive force when the troops May by U.S. citizen spared from what was once an make their scheduled departure David Headley that inevitable second 9/11-type two years from now. American intelligence attack, they have turned inward. Close calls like the shoe bomber, President Hamid Karzai of officials knew that a the underwear bomber, and the Afghanistan did not share these Pakistani terrorist car bomber in New York City's doubts. In an interview with the Times Square pass through BBC on October 7, he said that group was planning a news filters like bad weather: the U.S. had failed to make possible attack in headlines one day, gone the next. Afghanistan secure from the Mumbai, was shocking Taliban and that the Taliban was The disclosure last May by U.S. supported by “elements in news when it was citizen David Headley that Pakistan.” Karzai’s thrust was revealed at the American intelligence officials that Afghanistan would fall to knew that a Pakistani terrorist Taliban control with a U.S. exit, Chicago trial of his group was planning a possible implying that Afghanistan could alleged accomplice, attack in Mumbai, was shocking return as a homeland for Tahawwur Rana news when it was revealed at terrorists. the Chicago trial of his alleged accomplice, Tahawwur Rana. So
Karzai wasn’t alone. Stanley was Headley's allegation that McChrystal, the U.S. general Pakistani intelligence had links ousted for criticizing the U.S. President’s to the terror group Lashkar-e-Toiba (LeT). As a handling of the war, said on the eve of the 9/11 self-confessed spy for the militant LeT Pakistani anniversary this year that the key to Afghan group, Headley entered a plea bargain with U.S. stability was creating a broad-based government prosecutors to avoid the death penalty. He then “that Afghans can believe in.” But few U.S. agreed to testify against Rana, a Chicago specialists believe that a strong central businessman who is charged with giving government in Afghanistan can work. Headley cover as his immigration agent so that Recognizing the existence of tribal fiefdoms, U.S. Headley could scout the Taj Mahal Hotel and Senator John Kerry argues that a collection of other sites for the 26/11 attacks. separate regional Afghan governments in place of a central authority is the best result that can Six months before his trial, a leaked report by be expected as the U.S. withdraws. Others the U.S. director of national intelligence said pointed out that a stable government means a American agencies had been following Headley's stable economy – not in sight when 90% of the activities for seven years but did not seem to 28
26/11 Reflections have shared their findings. Headley was at one this David Headley was working for the CIA all time a paid informant for the Drug Enforcement along, which is a very plausible conclusion…..It Administration and may have also supplied means that the CIA is implicated," he asserts. information to the CIA. In the murky world of overlapping intelligence gathering, no one in the The United States’ relationship with Pakistan is report pinpointed where the intelligence failure often called a "roller coaster" and a "guilt trip” started, except to say that data bases were still with Pakistan laying the guilt on Washington for not coordinated. In other words, blame a not getting enough credit for sharing bureaucratic snafu. The Washington Post quoted intelligence and losing thousands of its own one official as saying "It's a black eye" that one citizens as a result of the Afghan war. Those are hand didn't know what the other was doing important considerations. But for every pro- Pakistan statement, there is a counterpoint What no one has tackled is whether there are disclosure: the Wikileaks disclosures that other Headleys and Ranas out there whose Pakistan funneled U.S. aid directly to the Taliban, actions threaten Americans as well as overseas that Osama bin Laden was living next to a allies. In her excellent Washington Post series Pakistani military base, that China is Pakistan's and later book, “Top Secret America: The Rise of largest arms supplier. the New American Security State,” Dana Priest depicts a homeland security industrial complex If Americans paid attention, these would be of more than 800,000 employees, 51 agencies specific hot-button issues and raise the and scores of private contractors paid to gather question: "Why should we feel safer if our intelligence in secretive, often duplicative ways. Pakistan ally is duplicitous?”
That's the argument used - that a bureaucratic They don't because they're grateful for a decade screw-up prevented India from getting a line on of security, no matter how disjointedly it has Headley before the 26/11 attacks. It would also been delivered, and aren't inclined to stir up be the argument used if another attack hit the questionable alliances. U.S. But what a string of disclosures by Wikileaks, But is clumsy coordination the whole story or reporter Dana Priest and others have shown is did diplomatic concerns intrude and prevent this: strip away the fluff and you'll see how intelligence vital to India but adverse to Pakistan fragile the U.S. security blanket really is. As he from getting passed on? Or as some suggest winds down a very unpopular war, President were Pakistani agents informed but as Headley Obama has no choice but to declare America alleges, also involved? Webster Tarpley, a safer. conspiracy-minded U.S. talk show host, maintains that Headley was a double agent. “If Safer, unless it happens again.
Bob Dowling is an independent international journalist and editorial advisor to Gateway House.
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26/11 Reflections
Hope-to-Despair-to-Hope Policy on Pakistan Doesn’t Work
~ Seema Sirohi
he whole truth about the Pakistan's deep The Pakistan military-ISI combine will ensure state role in harbouring, supporting and the terrorist leaders don’t break ranks. No T periodically unleashing terrorists is now effective reconciliation process is likely to established. A steady torrent of statements, by emerge in Afghanistan because of this dynamic senior U.S. officials on and off the record to despite Clinton’s energy and efforts. journalists and to the U.S. Congress over the past year, has shredded the last of the pretence that Recent comments by General Pervez Musharraf, maybe, somehow, the generals who run the who wants to return and fight elections in increasingly dangerous show, are innocent of Pakistan, are revealing. Last month he told a what goes on in the country they Washington audience that have turned into an antediluvian “Afghanistan always has been jungle. From their machaans in anti-Pakistan” because of its Rawalpindi, they want to control Now that Washington closeness to India and the the fate of Afghanistan and the former Soviet Union. “So we pace of peacemaking with India. has come to the must not allow this to painful realization continue…One must not As India approaches the third begrudge if Pakistan orders the anniversary of the horrific about the nature and ISI to take countermeasures to Mumbai attacks, during which intent of the Pakistani protect its own interests.” It can ISI-linked Pakistani terrorists deep state, something be safely assumed that he killed 166 people and injured reflects the thinking of fellow many more, it is time to take a that India has lived generals. Afghans themselves hard look at the options. It is a with for decades, it are increasingly vocal about given that, in the medium term, Pakistani interference as a the generals next door will might be time to take a destabilizing force. They no continue to shelter 'snakes' in hard, practical look at longer want to be treated as a their backyard; a term for how to work around province of Pakistan. militants now made famous by Hillary Clinton. They show no the generals Now that Washington has come signs of changing tack, only of to the painful realization about waiting it out until the Americans the nature and intent of the leave Afghanistan. The Pakistani deep state, something Rawalpindi generals have managed to turn their that India has lived with for decades, it might be loyal friends, the Pentagon generals, apologetic time to take a hard, practical look at how to by repeatedly sticking it in their eyes. Attacks work around the generals. Both the U.S. and against U.S. troops have become steadily more India have a common interest in containing brazen as trust between the allies has terrorists but they need to cooperate on a dissipated. The senior brass has leaked U.S. grander scale. They also must overcome the intelligence, helping the terrorists escape. trust deficit. The new India-U.S. homeland security dialogue launched this summer can be No amount of pressure or largesse seems to the vehicle to bolster counter-terrorism work on the deep state actors. Leaders of the cooperation and intelligence sharing. But it must Taliban, the Haqqani Network and Lashkar-e- deepen and widen to levels that are meaningful. Toiba (LeT) are living and prospering in Pakistan, waiting for 2014 when U.S. troops will The United States must stop making a be gone and Afghanistan will be open 'business.' distinction between terrorists who act against it 30
26/11 Reflections from those who operate against India. The including Ajmal Kesab, the only Mumbai divide is blurring and the sharing is increasing. attacker to survive. The U.S. did provide But there is a sense that U.S. intelligence technical assistance, which shed light on the agencies still withhold information on terrorists links to Pakistan the money trail to Spain and operating in Kashmir, because they believe it the satellite phones used by terrorists. FBI would adversely impact relations with Pakistan agents also gave testimony in the Mumbai court, and bolster the feeling that Washington is taking which is considered a milestone in bilateral 'sides' on the Kashmir dispute. It is unclear if cooperation. relations with Pakistan – or more precisely – with the Pakistani military could get any worse But what’s needed is a clear-eyed view that or improve for that matter by protecting certain terrorist groups based in Pakistan are linked and terrorists. interdependent. It is only this year that the Washington establishment has begun to view Pakistani sensitivities should no longer dictate LeT as a group that also operates against the U.S. the level of intelligence sharing between the U.S. not merely against India. Its game is larger and and India. American officials made Indian its footprint is increasingly found in Afghanistan. interrogators wait nine months before allowing The attack on the Jewish centre in Mumbai was them access to David Headley – one of the the most blatant assertion of LeT’s widening net. masterminds of the Mumbai attacks who Its sympathizers and operatives have been became a government witness. Headley’s arrested in the U.S., one as recently as this year. testimony pointed directly to a Pakistani ISI Jubair Ahmed, a Pakistani American was nabbed officer and a naval officer who helped plan and in September for spreading LeT propaganda on execute the assault. Yet the U.S. administration YouTube. made no effort to get Pakistan to produce the two men. Pakistan’s Foreign Secretary Salman It could be argued that LeT’s ability to operate Bashir had dismissed the three Indian dossiers freely inside Pakistan ultimately helps al-Qaeda, of evidence against Hafiz Saeed, the chief of the group Washington wants to decimate. So Lashkar-e-Toiba (LeT), and other terrorists as when Hafiz Saeed goes firing up crowds with 'literature.' hate and vitriol, he is not just aiming at India. He includes America. The U.S. government has the However, the FBI was granted unfettered access choice of either continuing to hope that the to evidence collected by Indian investigators and Pakistan military-ISI-jihadi complex will reform was allowed to interview more than 50 people, or take measures to force compliance.
Seema Sirohi is a Washington-based Journalist and Analyst.
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26/11: What About Human Rights?
~ Meenakshi Ganguly
earing an appeal on November 10, victims of terror attacks, but to also identify and 2011, from militant Devinder Pal Singh prosecute perpetrators and take steps to H Bhullar challenging the rejection of his prevent future attacks. mercy petition by the President, a bench at the In the case of Mumbai, for example, the Indian Supreme Court asked, “Has anyone tried to find state should follow the evidence wherever it out what is the psyche of the victims? They leads. Where the evidence suggests the hadn’t committed any crime. What about their involvement of persons based in Pakistan, the human rights?” Bhullar is facing a death authorities there have the responsibility to sentence for his role in a 1993 Delhi bombing investigate and prosecute or extradite anyone which killed nine people. “We always forget [the involved in an international criminal act. victims]," the judges mourned. Pakistan also has the responsibility to shut down networks planning future attacks that These comments had particular resonance, violate international law. Pakistani authorities coming as they did so close to the third should ensure that no Pakistani government anniversary of one of the worst terror attacks officials, whether at a federal, province, or local ever in India: the November 2008 attack on level, are providing sanctuary or support to Mumbai. The burned hotels have been rebuilt, insurgents responsible for attacks violating commuters are rushing through the busy station human rights and international criminal law. that had witnessed such bloodshed, the attacked hospital is functioning, and Leopold’s café shows The perpetrators launch these strikes with the its bullet marks as trophies to visiting tourists. intent to spread terror among ordinary people. In fact, the Supreme Court is also hearing an In Mumbai, for instance, taped phone appeal from Ajmal Kasab, the surviving gunman conversations between the militants and their convicted for the attack. The city, ostensibly, has minders in Pakistan suggest that the goal was to moved on. maximize casualties, seeking glory from television accounts of the destruction they This is no different from what happened after caused. Ajmal Kasab said in his initial horrific attacks in London, Moscow, New York or confession, “We were shown the film on VT Madrid. Yes, there are longer queues at airports railway station and the film showing the now, an inevitable increase in surveillance, and commuters moving around at rush hours….We often frisking before entering public places. were instructed to carry out the firing at rush People might worry about sudden and terrifying hours.” violence: shootings, ambushes, bombings or other attacks, but most have shrugged and The Mumbai attacks were so well-planned they accepted this as an added risk to life and felt like a military operation. The Pakistan-based security. Lashkar-e-Toiba (LeT), an organization banned in 2002 but which has continued to operate What also fades from public memory is how under new names, sent four groups that killed these assaults have caused terrible harm to 166 people and injured 238. The two-and-half civilian populations – maiming people for life, day siege shocked the world. devastating families, leaving deep physical and psychological scars — the severe violation of Those that suffered personal loss should never their rights. Thousands have been killed in be forgotten. Their pain will never go away. But indiscriminate bombings and shooting attacks for the wider community there is relief that the over the last decade. carnage was not further extended. After the Mumbai attack, relations between India and States have the obligation not only to provide Pakistan were severely strained; there was talk proper compensation and rehabilitation to of war – nuclear war – but better sense 32
26/11 Reflections prevailed. There was also concern about Chidambaram’s commitment that India is “a religious riots, but Indians came together, united country wedded to the rule of law.” except for the extreme right, in their abhorrence for such brutal violence. The States should always adopt a Indian government vowed to rights-based approach that make the trial of Kasab, who ensures accountability and was photographed and protects against abuses in captured on closed circuit States should always adopt a the fight against terrorism. cameras during his shooting rights-based approach that There was a good step spree, a showcase of due ensures accountability and recently when the process. authorities in India protects against abuses in launched fresh Mumbai has many lessons to the fight against terrorism investigations into other offer. One is not to overreact bombing attacks, releasing in the way terrorists want. from detention men initially Attacks succeed when they arrested based on coerced are followed by hate speech targeting a religious confessions for the 2008 Malegaon attack. The community, when there is ethnic profiling, when accused will still have to face trial, but it is government forces engage in illegal detention, always welcome when the State admits to an torture or renditions. Abuses such as these error. India should never again resort to cause resentment and act as a recruitment tool rounding up the “usual suspects” or torture in for extremists. Some in India continue to call for custody. Instead, India’s citizens deserve a well- Kasab to be hanged without trial. They should planned and organized defense system to instead take pride in Home Minister P. prevent future attacks. That will be evidence that the victims are not forgotten.
Meenakshi Ganguly is the South Asia Director at Human Rights Watch
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26/11 Reflections
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