By Sajjad Shaukat Gwadar Seaport
When during the Musharraf regime, Pakistan government initiated the construction of Gwadar deep-seaport in the Balochistan province in March 2002 with Chinese assistance, a siren went off in the capitals of the United States, India and Israel. The US took it as a threat to its global plans, and India felt that it threatened its integrity. Israel also took it as a greater threat from an Islamic country. Some defence analysts had opined that development of Gwadar port would shift the great game of Central Asia to Pakistan, though Afghanistan would remain its gateway.
As regards its strategic importance, due to its proximity to the vital sea lanes, Gwadar is the major important seaport in the world. Located on the southwestern coast of Pakistan, it is close to the Strait of Hormuz from where more than 17 million barrels of oil passes every day. Its ideal location between three key regions, South Asia, the oil-rich Middle East, and oil and gas-resourced Central Asia have further increased its significance.
If once becomes fully operational, Gwadar Seaport could connect the landlocked Central Asian states with rest of the world. Being the commercial hub, the port is likely to increase volume of trade, bringing multiple economic and financial benefits to Pakistan like the Suez Canal which changed the destiny of Egypt when Israel returned it to the former. It will enable high-volume cargo vessels to move in the major oceans. Otherwise, big vessels cannot move from and to Karachi Seaport owing to dearth of depth. Therefore, small cargo ships with low weight are sent to Dubai from where containers are re-loaded on big vessels. This practice causes many problems for businessmen, discouraging Pakistan’s imports and exports.
In case of its completion, Gwadar project will not only uplift the impoverished people of Balochistan by providing thousands of employment opportunities and is likely to develop whole the province by redressing their grievances. The resulting prosperity would trickle down to the Baloch people and damp the separatist sentiment.
Besides, as an alternative deep water port, it is situated 470 km away from Karachi making it less vulnerable to the Indian naval blockade which Pakistan faced in 1971 during the war with India.
As Pakistan has close friendship with China, so in the long term, the Gwadar Seaport could serve as a port of entry for oil and gas to be transported by land to the western region of China. If Beijing wants to emancipate itself from transportation or military problems along Asia’s southern coastline, direct access to the Indian Ocean may be the solution.
In this respect, Balochistan’s Gwader project where China has invested billions of dollars irks the eyes of US-led India and Israel; hence, they have been supporting Balochistan Liberation Army (BLA), Jundollah (God’s soldiers) and other separatist elements which are arranging subversive activities in the province as part of their covert designs. In this regard, Pakistan’s civil and military leadership has repeatedly said that training camps are presence in Afghanistan from where arms and ammunition are being sent to the militants in Balochistan in order to dismember Pakistan. In the past few years, a number of Chinese engineers, working at Gwadar were kidnapped and killed by the foreign-affiliated insurgent groups. The main aim behind is to discourage Beijing for the development of Gwadar port.
Although secret agencies like American CIA, Indian RAW and Israeli Mossad have been arranging acts of sabotage in Balochistan including other parts of the country for their countries’ collective strategic interests, yet it is our misfortune that Pakistan’s political leadership has caused delay in the completion of Gwadar Seaport owing to lack of interest and willingness, instead of vigorously pursuing the project. Unfortunately, short term vested interests of these politicians have prevailed over the long term national interests, creating differences between the state institutions which further complicated the situation rather than a progress for the rapid development of the project.
In this context, Pakistan’s Minister of Port and Shipping, Senator Baber Khan Ghauri has often found involved in blame game so as to shift his responsibilities and failures in relation to the Gwadar project. On August 28, 2012, in a meeting of the Senate Committee on Ports and Shipping, he pretended that government’s failure to transfer 584 acres of land in possession of Pakistan Navy at the mouth of the port was a major obstacle with Port of Singapore Authority (PSA) and resolution of the related issues.
Notably, in 2006 after completion of the Phase-1 construction work, Gwadar Port Authority (GPA) invited offers from experienced port operators for the management of the project, and in February 2007 signed an agreement with Concession Holding Company (CHC), a subsidiary of PSA for operational control of the seaport. PSA was to invest $ 550 million during the next five year for development of the port, but since than, no substantial progress was achieved. In fact, GPA’s lack of thinking in strategic terms in maritime sector and its inability to persuade PSA in marketing and operationalisation of the current terminal area has failed to capitalise on the immense potential which resides on this project.
However, actual facts which have delayed the completion of strategically important deep-seaport of Gwadar have not made public. In this regard, the agreement between GPA and PSA was flawed, and the Minister of Port and Shipping, Senator Baber Khan Ghauri is largely to be blamed. It was because of the minister that contract rules were violated and laws were bent wherever these were needed to ensure the interests of the concession holders rather than to safeguard the business interests of both the parties. In this context, a former chairman of Gwader Port Authority disclosed in 2009, “People fear that PSA Gwader’s name is only being used as a cover and the party is really interested in running the port will come to the fore after the former disinvests.”
While Senator Baber Khan Ghauri who is from Karachi-based MQM political party, is not interested in the operationalisation of the Gwadar port because it will reduce national dependence on Karachi Port Complex. As a result, his party will lose political leverage and in turn control of Karachi city. So the minister who has deliberately neglected development of Gwadar project, himself is involved in land grabbing in Gwader city rather than acquiring land for completion of this key port. It is owing to these reasons that even after the lapse of several years, Gwadar city still lacks road and rail track connectivity due to which, its usage is severely limited.
Now, Pakistan has decided to give the operations at Gwadar port to China as soon as the terms of agreement with the Singapore Port Authority expire. In this regard, the Planning Commission’s task force on maritime industry has proposed that an operational agreement with PSA be cancelled, which had undertaken to spend $525 million in five years, but nothing was spent during the last three years. No commercial vessel had arrived at Gwadar port during the same period.
Nevertheless people regret that like PIA, railways, power and energy sector, steel mills, poor performance of the government on the Gwadar Seaport is yet another tale of woes. But reality remains that the project has been victim of deliberate carelessness by the Senator Baber Khan Ghauri who can not be exonerated from his responsibilities as Minister of Transport and Shipping.
While the ball is in government’s court, so it is the right hour that an amicable solution of the issue with effective plan so as to take corrective measures, and appointment of sincere leadership could play a positive role in completion of the Gwader project which is in everyone’s best interest. Nonetheless, this port requires special attention for its completion. Otherwise, immense benefits like advancement of the strategic value of Pakistan including socio-economic development of Balochistan will remain a dream.
Sajjad Shaukat writes on international affairs and is author of the book: US vs Islamic Militants, Invisible Balance of Power
Thursday, January 17, 2013
Gwadar Port: An opportunity in waiting!
Posted by Faheem Belharvi
Our visionary founding leaders saw through an opportunity of great benefits in this small Omani town of Gwadar as early as 1954. For the purpose, newly born state of Pakistan purchased this small fishing town, which was geographically contiguous anyway, for a partly $3 million in 1958.
This small costal town located on the mouth of the strategic Persian Gulf was seen as a major trading and energy hub on the warm waters of the Arabian Sea. For Pakistan, it was to be an alternate to Karachi Port which was located some 460 Km to its south east, and for landlocked Afghanistan and Central Asian Republics (CARs), the nearest to warm waters of the Arabian Sea for trade and energy supplies. In fact, the centuries old Great Game of the Russian Empire envisaged its landings to the warm waters of Arabian Sea around the same areas. However, the dream of our founding leaders of making Gwadar, a truly regional hub was kept pending until the turn of the new millennium; “for strategic reasons.”
In any case, the construction of Phase-I of Gwadar Deep Sea Port commenced on 22 March 2002, at a cost of some $248 million by the Chinese firm. President Musharraf takes the credit of finally launching the project of Gwadar Deep Sea Port and predicted it to be a beginning of an era of economic progress for Pakistan as well as the coastal belt of Balochistan.
He then inaugurated the Gwadar Port on 20 March, 2007. The completion of the Phase-I of Gwadar Port meant that the Bulk carries of 30,000 deadweight tonnage (DWT) and container vessels of 25,000 DWT could be berthed and do business on the port. Musharraf government saw the completion of Phase-I of Gwadar port as an opportunity to boast its valued strategic location to engage any renowned international port operators.
Finally, the contract of Gwadar Port operations was awarded to the Port of Singapore Authority (PSA) on 1 February, 2007. According to the terms of contract, the PSA was to invest some $550 million over the next 5-10 years, however, the dream to see Gwadar Port as the regional energy and trade hub remains unfulfilled till to-date.
The construction of Phase-II started in 2007 at a cost of $932 million with an aim of establishing a Bulk Cargo Terminal with the capacity of 100,000 DWT, a Grain Terminal and two oil terminals.
The work continued at snails pace while the government contemplates withdrawing the port from PSA’s control due to its failure to operationlize the port with promised investment. Reportedly, PSA has agreed to hand over the ports administration after the Government of Pakistan terminated its contract on technical grounds as well as for violation of contractual obligations.
Pakistan now plans to hand over the Gwadar Port operations to Chinese firms so that its development and functioning could be expedited. There is no denying that till to-date, Gwadar Port has not been able to make any significant contribution in Balochistan or Pakistan’s economy, in spite of its invaluable strategic location and immense potential of being a gateway for trade and energy corridor for China, Afghanistan and Central Asian Republics (CARs).
I believe, only we are to blame ourselves for the painstaking lethargy and complacency that nearly all the stakeholders have shown towards the development of Gwadar Port. Allah Almighty has blessed Pakistan with this golden port named Gwadar and we, unfortunately have miserably failed to exploit it true potential. The delayed development of the Gwadar Port is denying the people of the area of employment opportunities and related economic benefits.
I would sincerely urge upon all stakeholders including Ministry of Ports and Shipping, Gwadar Port Authority, the provincial Government of Balochistan to shun their differences and work together to remove the impediments related to land issues, and control of administration and authority.
This would certainly help realize the dream of our founding leader by making Gwadar Port, a truly trade and energy hub of the region, bringing peace, progress and prosperity for the people of Pakistan in general and people of Makran and Balochistan in particular.(Zia Siddiqui)
Our visionary founding leaders saw through an opportunity of great benefits in this small Omani town of Gwadar as early as 1954. For the purpose, newly born state of Pakistan purchased this small fishing town, which was geographically contiguous anyway, for a partly $3 million in 1958.
This small costal town located on the mouth of the strategic Persian Gulf was seen as a major trading and energy hub on the warm waters of the Arabian Sea. For Pakistan, it was to be an alternate to Karachi Port which was located some 460 Km to its south east, and for landlocked Afghanistan and Central Asian Republics (CARs), the nearest to warm waters of the Arabian Sea for trade and energy supplies. In fact, the centuries old Great Game of the Russian Empire envisaged its landings to the warm waters of Arabian Sea around the same areas. However, the dream of our founding leaders of making Gwadar, a truly regional hub was kept pending until the turn of the new millennium; “for strategic reasons.”
In any case, the construction of Phase-I of Gwadar Deep Sea Port commenced on 22 March 2002, at a cost of some $248 million by the Chinese firm. President Musharraf takes the credit of finally launching the project of Gwadar Deep Sea Port and predicted it to be a beginning of an era of economic progress for Pakistan as well as the coastal belt of Balochistan.
He then inaugurated the Gwadar Port on 20 March, 2007. The completion of the Phase-I of Gwadar Port meant that the Bulk carries of 30,000 deadweight tonnage (DWT) and container vessels of 25,000 DWT could be berthed and do business on the port. Musharraf government saw the completion of Phase-I of Gwadar port as an opportunity to boast its valued strategic location to engage any renowned international port operators.
Finally, the contract of Gwadar Port operations was awarded to the Port of Singapore Authority (PSA) on 1 February, 2007. According to the terms of contract, the PSA was to invest some $550 million over the next 5-10 years, however, the dream to see Gwadar Port as the regional energy and trade hub remains unfulfilled till to-date.
The construction of Phase-II started in 2007 at a cost of $932 million with an aim of establishing a Bulk Cargo Terminal with the capacity of 100,000 DWT, a Grain Terminal and two oil terminals.
The work continued at snails pace while the government contemplates withdrawing the port from PSA’s control due to its failure to operationlize the port with promised investment. Reportedly, PSA has agreed to hand over the ports administration after the Government of Pakistan terminated its contract on technical grounds as well as for violation of contractual obligations.
Pakistan now plans to hand over the Gwadar Port operations to Chinese firms so that its development and functioning could be expedited. There is no denying that till to-date, Gwadar Port has not been able to make any significant contribution in Balochistan or Pakistan’s economy, in spite of its invaluable strategic location and immense potential of being a gateway for trade and energy corridor for China, Afghanistan and Central Asian Republics (CARs).
I believe, only we are to blame ourselves for the painstaking lethargy and complacency that nearly all the stakeholders have shown towards the development of Gwadar Port. Allah Almighty has blessed Pakistan with this golden port named Gwadar and we, unfortunately have miserably failed to exploit it true potential. The delayed development of the Gwadar Port is denying the people of the area of employment opportunities and related economic benefits.
I would sincerely urge upon all stakeholders including Ministry of Ports and Shipping, Gwadar Port Authority, the provincial Government of Balochistan to shun their differences and work together to remove the impediments related to land issues, and control of administration and authority.
This would certainly help realize the dream of our founding leader by making Gwadar Port, a truly trade and energy hub of the region, bringing peace, progress and prosperity for the people of Pakistan in general and people of Makran and Balochistan in particular.(Zia Siddiqui)
Gwadar Port – A Sordid Tale of Neglect
Posted by Faheem Belharvi
Pakistan’s Port of Gwadar, 267 Miles West of Karachi and 43.5 Miles East of Pakistan-Iran border, bears a great strategic value vis-à-vis the Straits of Hormuz, the life line of energy to the outside world. On average, around 36000 ships transit through Pakistan’s area of sea interest annually.
The average trade of the country hovers around 38 million tons out of 95% is through sea. Pakistan’s major port, Karachi accounts for 68% of the sea borne trade whereas the other Port located towards the south-east, Port Qasim accounts for 32%. According to one estimate Pakistan’s sea borne trade would reach 91 million tons by 2015.
The Port of Gwadar became operational in 2008 when merchant vessel ‘Pos Glory’ made a maiden call at the port on March 15. Its location can facilitate trans-shipment facilities at the international levels being very close to international sea lanes of communications. It also provides a direct access to Central Asian Republics and Afghanistan to transport their energy resources and other trade to Gulf region and else where down the Indian and Pacific Oceans.
Unfortunate as it has been, Gwadar has not been able to live up to its true potentials. Despite being operational for the last five years, the Port still gives a deserted look. The sordid tale of the Port started with international tenders in 2006 seeking competitors to run, manage and develop the Port. Concession Holding Company, a subsidiary of Port of Singapore Authority’s bid for operational control of the Port was accepted. As per the contractual clauses, Singapore port authorities were to invest US $550 over next five years for the development of the Port however, development is yet to be seen around.
The Singapore Port Authority has made the development incumbent upon provision of land free of cost to construct a ware house first. The land would cost the Baluchistan Government a hefty sum of Rs. 15 bn. The controversial handing over of Port operations to Singapore authorities has not delivered with the result that the Port still operates to its half capacity. The enigmatic failure of our successive governments, particularly the Gwadar Port Authority to follow through the contracted developmental phases and concurrent failure of the company to market and operationalize the Port to its full capacity has made the Port insignificant for commercial purposes in the eyes of the international shipping operators. Not only that, the expensive infrastructure is getting rusted for failing the maintenance schedules.
The Port has not benefitted the local educated youth either with the result that they look for jobs elsewhere in other provinces. The Baluch have had great expectations from Gwadar Port and always considered the Port as an harbinger in raising their living standards. But till the time the Port remains under utilized, its full economic potential can never be achieved denying the Baluch dreams come true.
Gwadar Port is still beset with many impediments. Amongst a few are persistent security concerns, failure of respective governments and particularly the Ministry of Ports and shipping to lay communication infrastructure like railway lines and networking of major roads. Unites States’ resolve to deny China a space in the Gwadar area and the North Arabian Sea also results in failing to muster foreign funding for the development of the Port. To add to the felony are the personal short sighted interests of our political leadership over the long term national interests that keep the Port development an hostage to making the Port a success for the national economy and defense of Pakistan.
The absence of sincerity and willingness in our political leadership to pursue the Gwadar Port development has cost the nation in billions of dollars with no early end of the development in sight. When questioned, the government officials responsible for the Ports and Shipping take the easy route of blaming other agencies for their failures. In such a diversionary move, the Ports and Shipping Minister while responding to Senate’s Standing Committee in the Senate on 28 august, 2012 shifted the onus of failures to Pakistan Navy. He asserted that it is the failure of the central government that it failed to acquire and transfer 584 acres of land in possession of Pakistan Navy to meet the contractual obligations with the Singapore Port Authorities which he said impedes the completion and further development of the Port.
Pakistan’s Port of Gwadar, 267 Miles West of Karachi and 43.5 Miles East of Pakistan-Iran border, bears a great strategic value vis-à-vis the Straits of Hormuz, the life line of energy to the outside world. On average, around 36000 ships transit through Pakistan’s area of sea interest annually.
The average trade of the country hovers around 38 million tons out of 95% is through sea. Pakistan’s major port, Karachi accounts for 68% of the sea borne trade whereas the other Port located towards the south-east, Port Qasim accounts for 32%. According to one estimate Pakistan’s sea borne trade would reach 91 million tons by 2015.
The Port of Gwadar became operational in 2008 when merchant vessel ‘Pos Glory’ made a maiden call at the port on March 15. Its location can facilitate trans-shipment facilities at the international levels being very close to international sea lanes of communications. It also provides a direct access to Central Asian Republics and Afghanistan to transport their energy resources and other trade to Gulf region and else where down the Indian and Pacific Oceans.
Unfortunate as it has been, Gwadar has not been able to live up to its true potentials. Despite being operational for the last five years, the Port still gives a deserted look. The sordid tale of the Port started with international tenders in 2006 seeking competitors to run, manage and develop the Port. Concession Holding Company, a subsidiary of Port of Singapore Authority’s bid for operational control of the Port was accepted. As per the contractual clauses, Singapore port authorities were to invest US $550 over next five years for the development of the Port however, development is yet to be seen around.
The Singapore Port Authority has made the development incumbent upon provision of land free of cost to construct a ware house first. The land would cost the Baluchistan Government a hefty sum of Rs. 15 bn. The controversial handing over of Port operations to Singapore authorities has not delivered with the result that the Port still operates to its half capacity. The enigmatic failure of our successive governments, particularly the Gwadar Port Authority to follow through the contracted developmental phases and concurrent failure of the company to market and operationalize the Port to its full capacity has made the Port insignificant for commercial purposes in the eyes of the international shipping operators. Not only that, the expensive infrastructure is getting rusted for failing the maintenance schedules.
The Port has not benefitted the local educated youth either with the result that they look for jobs elsewhere in other provinces. The Baluch have had great expectations from Gwadar Port and always considered the Port as an harbinger in raising their living standards. But till the time the Port remains under utilized, its full economic potential can never be achieved denying the Baluch dreams come true.
Gwadar Port is still beset with many impediments. Amongst a few are persistent security concerns, failure of respective governments and particularly the Ministry of Ports and shipping to lay communication infrastructure like railway lines and networking of major roads. Unites States’ resolve to deny China a space in the Gwadar area and the North Arabian Sea also results in failing to muster foreign funding for the development of the Port. To add to the felony are the personal short sighted interests of our political leadership over the long term national interests that keep the Port development an hostage to making the Port a success for the national economy and defense of Pakistan.
The absence of sincerity and willingness in our political leadership to pursue the Gwadar Port development has cost the nation in billions of dollars with no early end of the development in sight. When questioned, the government officials responsible for the Ports and Shipping take the easy route of blaming other agencies for their failures. In such a diversionary move, the Ports and Shipping Minister while responding to Senate’s Standing Committee in the Senate on 28 august, 2012 shifted the onus of failures to Pakistan Navy. He asserted that it is the failure of the central government that it failed to acquire and transfer 584 acres of land in possession of Pakistan Navy to meet the contractual obligations with the Singapore Port Authorities which he said impedes the completion and further development of the Port.
Tuesday, January 15, 2013
Fair Trial bill:Non-discriminatory
Posted by Belharvi
On December 20, 2012, Pakistan’s National Assembly passed a fair trial legislative bill, authorising the state to intercept private communications to identify and apprehend terrorists, and consequently officially or legally pave the way for the government to tap phones and use text messages and emails as evidence in courts.
With this, the concerned authorities can now intercept emails, SMS, internet protocol detail record. It, indeed, has the right to call detail record and any form of computer or mobile phone-based communication.
However, the existing laws neither comprehensively provide for, nor specifically regulate the use of advanced and modern investigative techniques such as covert surveillance and human intelligence and property interference, that are used extensively in other countries, including the US, the UK and India.
The bill will enable the security agencies to gather evidence against terrorists through modern techniques and devices, and make it acceptable to the courts for bringing them to justice.
Of course, human rights workers have reservations about the measure, fearing that it may breach the privacy of citizens by eavesdropping on their conversations through wire-tapping and intercepting their emails and SMS messages.
The opposition, too, had apprehensions about the misuse of the measure by concerned officials against it. So it has sought to allay them through dozens of amendments to the legislative bill originally proposed by the government, since compromises have to be made for a greater national cause.
Having said that, terrorists use modern technologies to plan and attack their targets. Therefore, it was essential that the state investigators and prosecutors should have access to all the modern techniques and methods in order to track them down and bring up enough evidence to have them punished by the courts.
It is precisely for this reason that India and several other countries, and even the US, where the citizens are very sensitive about civil liberties and political freedoms, have such laws on the statute book.
Against this backdrop, the security agencies of Pakistan have been constantly complaining that terrorists, or those suspected of terrorism, are let off the hook by the courts due to lack of evidence.
The problem is many witnesses fear the task of testifying against them and their sympathisers. Even the investigators shy away from collecting the hard evidence for the fear of their own and their families’ lives.
Coping up with such a multifaceted terrorism of huge dimensions certainly requires extraordinary measures. And this enactment of the National Assembly certainly is a necessary step in that direction. Its authors have tried to preclude its misuse by declaring it an offence carrying a punishment of three years of imprisonment.
No law, in any case, is perfect. It indeed is a process, which keeps undergoing changes and improvements to be perfect. If some flaw is detected in its working, this enactment can be rectified. Or if the need is felt to further tighten it up, that too can and should be done. Moreover, the superior courts should encourage the anti-terrorism courts not to release the terrorists out of fear.
No one in his right mind would support terrorism or condone the killing of Pakistanis. It is the responsibility of the civilian and military leadership to protect the people as well as the state’s sovereignty; and we, as individuals, as a nation, must whole-heartedly support them.(Mohammad Jamil)
On December 20, 2012, Pakistan’s National Assembly passed a fair trial legislative bill, authorising the state to intercept private communications to identify and apprehend terrorists, and consequently officially or legally pave the way for the government to tap phones and use text messages and emails as evidence in courts.
With this, the concerned authorities can now intercept emails, SMS, internet protocol detail record. It, indeed, has the right to call detail record and any form of computer or mobile phone-based communication.
However, the existing laws neither comprehensively provide for, nor specifically regulate the use of advanced and modern investigative techniques such as covert surveillance and human intelligence and property interference, that are used extensively in other countries, including the US, the UK and India.
The bill will enable the security agencies to gather evidence against terrorists through modern techniques and devices, and make it acceptable to the courts for bringing them to justice.
Of course, human rights workers have reservations about the measure, fearing that it may breach the privacy of citizens by eavesdropping on their conversations through wire-tapping and intercepting their emails and SMS messages.
The opposition, too, had apprehensions about the misuse of the measure by concerned officials against it. So it has sought to allay them through dozens of amendments to the legislative bill originally proposed by the government, since compromises have to be made for a greater national cause.
Having said that, terrorists use modern technologies to plan and attack their targets. Therefore, it was essential that the state investigators and prosecutors should have access to all the modern techniques and methods in order to track them down and bring up enough evidence to have them punished by the courts.
It is precisely for this reason that India and several other countries, and even the US, where the citizens are very sensitive about civil liberties and political freedoms, have such laws on the statute book.
Against this backdrop, the security agencies of Pakistan have been constantly complaining that terrorists, or those suspected of terrorism, are let off the hook by the courts due to lack of evidence.
The problem is many witnesses fear the task of testifying against them and their sympathisers. Even the investigators shy away from collecting the hard evidence for the fear of their own and their families’ lives.
Coping up with such a multifaceted terrorism of huge dimensions certainly requires extraordinary measures. And this enactment of the National Assembly certainly is a necessary step in that direction. Its authors have tried to preclude its misuse by declaring it an offence carrying a punishment of three years of imprisonment.
No law, in any case, is perfect. It indeed is a process, which keeps undergoing changes and improvements to be perfect. If some flaw is detected in its working, this enactment can be rectified. Or if the need is felt to further tighten it up, that too can and should be done. Moreover, the superior courts should encourage the anti-terrorism courts not to release the terrorists out of fear.
No one in his right mind would support terrorism or condone the killing of Pakistanis. It is the responsibility of the civilian and military leadership to protect the people as well as the state’s sovereignty; and we, as individuals, as a nation, must whole-heartedly support them.(Mohammad Jamil)
FAIR TRIAL BILL-2012: A WELCOME ACT
Posted by Faheem Belharvi
While nearing the completion of its legal term of five years, the National Assembly of Pakistan has created history by unanimously passing the much needed “Fair Trial Bill-2012” on 21 December, 2012. The Bill which now needs to be passed by the Senate and then signed by the President Asif Ali Zardari to become the law of the land is a landmark achievement of the legislature. Fair Trial Bill-2012 or the “FTB-12” as I would like it to be referred so that it becomes known to everybody quickly, would provide country’s top intelligence agencies to intercept private communications, primarily to track terrorists.
In fact, Pakistan’s Law Enforcing Agencies (LEAs) led by intelligence agencies had long been demanding suitable legislation to give them teeth for successful prosecution of the held miscreants and terrorists. Available data suggests that more than fifty percent of the accused were released by the Anti Terrorism Courts of Rawalpindi alone for the lack of evidence. Also, more than 200 suspected terrorists including suspects involved in some of the very serious crimes and acts of terror were acquitted by the courts for the want of credible evidence.
One thing must be accepted upfront that our LEAs were unable to keep pace with the phenomenal developments in the fields of informatics, intelligence gathering and sharing techniques, and messages interception and interpretation know how. Whenever Interior Minister Rahman Malik imposed bans and restrictions on the use of mobile phones on sensitive occasions, he was targeted for being intrusive and outdated. Rightly so, but in his professional judgment, it was the right thing to do to disrupt the communication links between the terrorists on extremely important religious occasions, like Eid or Yaum-e-Ashur etc.
Now, with FTB-12 just weeks away from becoming an Act, will permit the security agencies to collect evidence using modern gadgets and techniques like wire-tapping, intercepting text messages and emails, all of which would be accepted in courts of law in cases under relevant laws falling under the domain of breaching the security. FTB-12 would give the requisite authority to Pakistan’s intelligence agencies, except Federal Investigation Agency (FIA), which was not included in the final list due to strong objections by the members of the PML(N), to tape and intercept electronic materials and data as evidence.
FTB-12 would also ensure that authority is not misused by the intelligence agencies and users’ powers are properly regulated. The Bill when becomes Act would bring all the LEAs and Intelligence Agencies under a uniformed legal system for collection of evidence admissible in the court of law even if collected prior to the lodgement of the FIR. Act would provide the necessary legal authority to design and develop requisite structures and networks to access the emails, conduct surveillance of individuals or groups who are suspected of being involved in acts of terror and organised crimes.
Such an authority for our LEAs had become extremely critical to harness the reign of terror caused by terrorists’ outfits across the length and breadth of our beloved country. While nation was still in shock over the unfortunate killings of the polio-vaccine health workers in Karachi and Peshawar, the assassination of KP’s senior minister Bashir Ahmad Bilour has further pushed the people of Pakistan into utter disbelief and despair.
With this state of affairs in the country, FTB-12 can be seen as a beacon of hope and resolve that our LEAs teeth would now be sharpened and prosecution would have something to prove in the courts of law against those arrested for heinous crimes and acts of terrorism. This would certainly send a message to the international community about our commitment to deal with extremism and terrorism with iron hand.
While commending the government and the opposition for unanimously passing FTB-12, one would expect the same magnanimity and urgency on part of the Senate to expedite the process of making FTB-12 into an Act without much delay or so to say that as early as practicable.(Zia Siddiqui)
While nearing the completion of its legal term of five years, the National Assembly of Pakistan has created history by unanimously passing the much needed “Fair Trial Bill-2012” on 21 December, 2012. The Bill which now needs to be passed by the Senate and then signed by the President Asif Ali Zardari to become the law of the land is a landmark achievement of the legislature. Fair Trial Bill-2012 or the “FTB-12” as I would like it to be referred so that it becomes known to everybody quickly, would provide country’s top intelligence agencies to intercept private communications, primarily to track terrorists.
In fact, Pakistan’s Law Enforcing Agencies (LEAs) led by intelligence agencies had long been demanding suitable legislation to give them teeth for successful prosecution of the held miscreants and terrorists. Available data suggests that more than fifty percent of the accused were released by the Anti Terrorism Courts of Rawalpindi alone for the lack of evidence. Also, more than 200 suspected terrorists including suspects involved in some of the very serious crimes and acts of terror were acquitted by the courts for the want of credible evidence.
One thing must be accepted upfront that our LEAs were unable to keep pace with the phenomenal developments in the fields of informatics, intelligence gathering and sharing techniques, and messages interception and interpretation know how. Whenever Interior Minister Rahman Malik imposed bans and restrictions on the use of mobile phones on sensitive occasions, he was targeted for being intrusive and outdated. Rightly so, but in his professional judgment, it was the right thing to do to disrupt the communication links between the terrorists on extremely important religious occasions, like Eid or Yaum-e-Ashur etc.
Now, with FTB-12 just weeks away from becoming an Act, will permit the security agencies to collect evidence using modern gadgets and techniques like wire-tapping, intercepting text messages and emails, all of which would be accepted in courts of law in cases under relevant laws falling under the domain of breaching the security. FTB-12 would give the requisite authority to Pakistan’s intelligence agencies, except Federal Investigation Agency (FIA), which was not included in the final list due to strong objections by the members of the PML(N), to tape and intercept electronic materials and data as evidence.
FTB-12 would also ensure that authority is not misused by the intelligence agencies and users’ powers are properly regulated. The Bill when becomes Act would bring all the LEAs and Intelligence Agencies under a uniformed legal system for collection of evidence admissible in the court of law even if collected prior to the lodgement of the FIR. Act would provide the necessary legal authority to design and develop requisite structures and networks to access the emails, conduct surveillance of individuals or groups who are suspected of being involved in acts of terror and organised crimes.
Such an authority for our LEAs had become extremely critical to harness the reign of terror caused by terrorists’ outfits across the length and breadth of our beloved country. While nation was still in shock over the unfortunate killings of the polio-vaccine health workers in Karachi and Peshawar, the assassination of KP’s senior minister Bashir Ahmad Bilour has further pushed the people of Pakistan into utter disbelief and despair.
With this state of affairs in the country, FTB-12 can be seen as a beacon of hope and resolve that our LEAs teeth would now be sharpened and prosecution would have something to prove in the courts of law against those arrested for heinous crimes and acts of terrorism. This would certainly send a message to the international community about our commitment to deal with extremism and terrorism with iron hand.
While commending the government and the opposition for unanimously passing FTB-12, one would expect the same magnanimity and urgency on part of the Senate to expedite the process of making FTB-12 into an Act without much delay or so to say that as early as practicable.(Zia Siddiqui)
FAIR TRIAL BILL-2012: A WELCOME ACT
Posted by Faheem Belharvi
While nearing the completion of its legal term of five years, the National Assembly of Pakistan has created history by unanimously passing the much needed “Fair Trial Bill-2012” on 21 December, 2012. The Bill which now needs to be passed by the Senate and then signed by the President Asif Ali Zardari to become the law of the land is a landmark achievement of the legislature. Fair Trial Bill-2012 or the “FTB-12” as I would like it to be referred so that it becomes known to everybody quickly, would provide country’s top intelligence agencies to intercept private communications, primarily to track terrorists.
In fact, Pakistan’s Law Enforcing Agencies (LEAs) led by intelligence agencies had long been demanding suitable legislation to give them teeth for successful prosecution of the held miscreants and terrorists. Available data suggests that more than fifty percent of the accused were released by the Anti Terrorism Courts of Rawalpindi alone for the lack of evidence. Also, more than 200 suspected terrorists including suspects involved in some of the very serious crimes and acts of terror were acquitted by the courts for the want of credible evidence.
One thing must be accepted upfront that our LEAs were unable to keep pace with the phenomenal developments in the fields of informatics, intelligence gathering and sharing techniques, and messages interception and interpretation know how. Whenever Interior Minister Rahman Malik imposed bans and restrictions on the use of mobile phones on sensitive occasions, he was targeted for being intrusive and outdated. Rightly so, but in his professional judgment, it was the right thing to do to disrupt the communication links between the terrorists on extremely important religious occasions, like Eid or Yaum-e-Ashur etc.
Now, with FTB-12 just weeks away from becoming an Act, will permit the security agencies to collect evidence using modern gadgets and techniques like wire-tapping, intercepting text messages and emails, all of which would be accepted in courts of law in cases under relevant laws falling under the domain of breaching the security. FTB-12 would give the requisite authority to Pakistan’s intelligence agencies, except Federal Investigation Agency (FIA), which was not included in the final list due to strong objections by the members of the PML(N), to tape and intercept electronic materials and data as evidence.
FTB-12 would also ensure that authority is not misused by the intelligence agencies and users’ powers are properly regulated. The Bill when becomes Act would bring all the LEAs and Intelligence Agencies under a uniformed legal system for collection of evidence admissible in the court of law even if collected prior to the lodgement of the FIR. Act would provide the necessary legal authority to design and develop requisite structures and networks to access the emails, conduct surveillance of individuals or groups who are suspected of being involved in acts of terror and organised crimes.
Such an authority for our LEAs had become extremely critical to harness the reign of terror caused by terrorists’ outfits across the length and breadth of our beloved country. While nation was still in shock over the unfortunate killings of the polio-vaccine health workers in Karachi and Peshawar, the assassination of KP’s senior minister Bashir Ahmad Bilour has further pushed the people of Pakistan into utter disbelief and despair.
With this state of affairs in the country, FTB-12 can be seen as a beacon of hope and resolve that our LEAs teeth would now be sharpened and prosecution would have something to prove in the courts of law against those arrested for heinous crimes and acts of terrorism. This would certainly send a message to the international community about our commitment to deal with extremism and terrorism with iron hand.
While commending the government and the opposition for unanimously passing FTB-12, one would expect the same magnanimity and urgency on part of the Senate to expedite the process of making FTB-12 into an Act without much delay or so to say that as early as practicable.(Zia Siddiqui)
While nearing the completion of its legal term of five years, the National Assembly of Pakistan has created history by unanimously passing the much needed “Fair Trial Bill-2012” on 21 December, 2012. The Bill which now needs to be passed by the Senate and then signed by the President Asif Ali Zardari to become the law of the land is a landmark achievement of the legislature. Fair Trial Bill-2012 or the “FTB-12” as I would like it to be referred so that it becomes known to everybody quickly, would provide country’s top intelligence agencies to intercept private communications, primarily to track terrorists.
In fact, Pakistan’s Law Enforcing Agencies (LEAs) led by intelligence agencies had long been demanding suitable legislation to give them teeth for successful prosecution of the held miscreants and terrorists. Available data suggests that more than fifty percent of the accused were released by the Anti Terrorism Courts of Rawalpindi alone for the lack of evidence. Also, more than 200 suspected terrorists including suspects involved in some of the very serious crimes and acts of terror were acquitted by the courts for the want of credible evidence.
One thing must be accepted upfront that our LEAs were unable to keep pace with the phenomenal developments in the fields of informatics, intelligence gathering and sharing techniques, and messages interception and interpretation know how. Whenever Interior Minister Rahman Malik imposed bans and restrictions on the use of mobile phones on sensitive occasions, he was targeted for being intrusive and outdated. Rightly so, but in his professional judgment, it was the right thing to do to disrupt the communication links between the terrorists on extremely important religious occasions, like Eid or Yaum-e-Ashur etc.
Now, with FTB-12 just weeks away from becoming an Act, will permit the security agencies to collect evidence using modern gadgets and techniques like wire-tapping, intercepting text messages and emails, all of which would be accepted in courts of law in cases under relevant laws falling under the domain of breaching the security. FTB-12 would give the requisite authority to Pakistan’s intelligence agencies, except Federal Investigation Agency (FIA), which was not included in the final list due to strong objections by the members of the PML(N), to tape and intercept electronic materials and data as evidence.
FTB-12 would also ensure that authority is not misused by the intelligence agencies and users’ powers are properly regulated. The Bill when becomes Act would bring all the LEAs and Intelligence Agencies under a uniformed legal system for collection of evidence admissible in the court of law even if collected prior to the lodgement of the FIR. Act would provide the necessary legal authority to design and develop requisite structures and networks to access the emails, conduct surveillance of individuals or groups who are suspected of being involved in acts of terror and organised crimes.
Such an authority for our LEAs had become extremely critical to harness the reign of terror caused by terrorists’ outfits across the length and breadth of our beloved country. While nation was still in shock over the unfortunate killings of the polio-vaccine health workers in Karachi and Peshawar, the assassination of KP’s senior minister Bashir Ahmad Bilour has further pushed the people of Pakistan into utter disbelief and despair.
With this state of affairs in the country, FTB-12 can be seen as a beacon of hope and resolve that our LEAs teeth would now be sharpened and prosecution would have something to prove in the courts of law against those arrested for heinous crimes and acts of terrorism. This would certainly send a message to the international community about our commitment to deal with extremism and terrorism with iron hand.
While commending the government and the opposition for unanimously passing FTB-12, one would expect the same magnanimity and urgency on part of the Senate to expedite the process of making FTB-12 into an Act without much delay or so to say that as early as practicable.(Zia Siddiqui)
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