Business Recorder editorial Nov 26, 2017

Hafiz Saeed’s release Jamaat ud Dawa’s (JuD’s) chief Hafiz Saeed’s release after over 300 days under house arrest under the Maintenance of Public Order (MPO) Ordinance seems set to set off another round of frictions with the US. Washington has come out with a trenchant statement asking Pakistan to re-arrest Saeed and put him on trial for the crimes he has committed. It has reminded Pakistan that Hafiz Saeed has been designated a terrorist by both the US State and Treasury Departments since 2008. Washington has described Hafiz Saeed’s mother party Lashkar-e-Tayyaba (LeT) as having been designated a Foreign Terrorist Organisation responsible for the death of hundreds of innocent civilians in terrorist attacks, including a number of US citizens. The US Treasury Department branded Hafiz Saeed a Specially Designated Global Terrorist in May 2008. After the Mumbai attacks in November 2008, the UN too designated him a terrorist individual in December 2008. The Mumbai attacks resulted in the deaths of 166 people, including six Americans. LeT and several of its front organisations, leaders and operatives remain under US State and Treasury Department sanctions since 2012. In addition, the US has announced a $ 10 million reward for information that brings Hafiz Saeed to justice. On the eve of US Defence Secretary Mattis’ visit on December 3, the White House warned Pakistan that Hafiz Saeed’s release would negatively impact bilateral relations. India has been even more vociferous in its condemnation of the release. Both have pointed out that the move indicates Pakistan is continuing its policy of nurturing and protecting terrorists as a tool in its pursuit of its foreign policy objectives. Pakistan’s foreign office on the other hand has responded by saying it is not under obligation to follow US laws, only the UN. What this ‘defence’ misses is the fact that the UN too has designated Saeed a terrorist. However, the foreign office tries to shield itself by arguing that it is the courts (and detention review board) that have ordered Saeed’s release on the grounds that no evidence is available against him. The foreign office also says it has been asking for evidence from India to establish Hafiz Saeed’s links to the Mumbai attacks but without any joy. In turn, it accuses India of stoking terrorism within Pakistan. Hafiz Saeed after his release has laid similar charges against India. As the above narrative indicates, this appears to be an argument going round and round in circles without end. Sticking to the letter of the law is one thing, but allowing the country’s interests to be negatively impacted as a result does not appear wise. The Trump administration is already pressing Pakistan to bend its back vis-à-vis Afghanistan. Now Hafiz Saeed’s release is likely to further muddy the waters. Logically, recourse to the MPO for Hafiz Saeed’s detention implied that hard, clinching evidence was not available. However, circumstantial evidence existed in credible enough form to persuade the government that it was in the country’s interest to put away Saeed. That consideration has not disappeared. If anything, given the US’s reaction, it has once again assumed centre-stage. The Mumbai attacks affair is already nine years old. At the present rate of ‘progress’, it promises to stretch into the foreseeable future, providing an insurmountable obstacle to persuading India to return to the suspended dialogue with Pakistan, this being the only viable course for both countries to resolve their issues, provide the foundations for normalisation of relations between the two countries and ensure hostilities and frictions between the nuclear-armed neighbours ease, to the comfort of the peoples of both countries. The Pakistani authorities should return to the drawing board to find ways and means to keep Hafiz Saeed under house arrest at least to escape the possible ire, and worse, of Washington and help pave the way for the resumption of dialogue with India.