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SOUTH ASIA INTELLIGENCE REVIEW
Weekly Assessments & Briefings
Volume 4, No. 1, July 18, 2005

Data and assessments from SAIR can be freely published in any form with credit to the South Asia Intelligence Review of the
South Asia Terrorism Portal



ASSESSMENT

 

 

PAKISTAN

The Darkness of 'Enlightened Moderation'
Kanchan Lakshman
Research Fellow, Institute for Conflict Management; Assistant Editor, Faultlines: Writings on Conflict & Resolution

President Pervez Musharraf's policy of proclaimed 'enlightened moderation' has come under attack, this past week, both from within and, more ominously, from without. Investigations into the 7/7 London bombings appear to be driving to the conclusion that the terrorists were all of Pakistani origin and also that they had links to the extremist and terrorist infrastructure in that country. Under visible international pressure, the General ordered a countrywide crackdown on July 15, 2005, after he told Pakistan's top police officers gathered in Rawalpindi that they should act against the collection of donations, display of arms, and holding of gatherings by banned groups, and not allow banned militant organisations to re-surface using any other name. He ordered the police, further, to "enforce an end to publication and distribution of hate material, including pamphlets, booklets, CDs etc., and writers, publishers and distributors of all such literature must be held accountable in accordance with the law. You must ensure that such material is not available in markets latest by December, this year." Pakistan, he claimed, stands at a cross-roads in its history and there is an urgent need to address extremism existing on the fringes of its society.

  Also Read
The Jihad Runs Deep -- Ajai Sahni
Terror and the Bomb: Dangerous Cocktail -- Amir Mir

At the same time, internal evidence mounted regarding the continued activities of Islamist extremists, and the gradual consolidation of many areas, including the North West Frontier Province (NWFP), as staging posts for the Afghan, Kashmiri and global jehad. The NWFP, which has continuously served as a base for the Taliban after Operation Enduring Freedom, has now emerged as a crucial staging post for the jehad in Jammu and Kashmir. New evidence to this effect came to light when the Karachi-based Herald reported in its latest issue that one of Pakistan's oldest training camps at Mansehra in the Province is bustling with activity after a year-long closure, as old and new cadres converged on it to resume their training. According to a top manager of the training camp in Mansehra, all the major organisations, including Hizb-ul-Mujahideen (HM), Al-Badr Mujahideen, Harkat-ul-Mujahideen (HuM) and others, began regrouping in April 2005, renovating training facilities that were deserted in 2004. The magazine, in its cover story, says at least 13 major camps in the Mansehra region were revived during the first week of May 2005. These are located in the areas of Pano Dheri, Jallo, Sufaida, Oghi, Khewari, Jabba, Batrasi, Naradoga, Akherilla, Hisari, Boi, Tanglaee and Achherian. Further, intelligence sources in Delhi had disclosed (as of January 2005) that apart from the Shah Ismail Shaheed and Shewatian camps, there were nine other camps in NWFP: Haripur, Oghi, Bakrial, Garhi Habibullah, Shinkiari, Batrasi, Jangal Mangal, Bhoi and Balakot, hosting at least 1620 cadres.

Compounding the situation further is a new legislation that seeks to 'Talibanize' governance in the province. On July 14, the Muttahida Majlis-e-Amal (MMA), the ruling six-party Islamist alliance, passed the North-West Frontier Province Hisba Act, 2005 in its Assembly by a 68-43 vote. The Hisba (Accountability) Act, which will come into force only after the Governor signs it, will establish a new department to "discourage vice and encourage virtue," and will set up a new office akin to that of an ombudsman which is to be headed by a cleric called Mohtasib (one who holds others accountable) whose main function would be to "protect/watch the Islamic values and etiquettes at the provincial level."

According to the Hisba Act, the Mohtasib shall, on a written complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, have the power to (among others):

  • Enquire into the allegations of mal-administration against any Agency or its employees; provided that no Government servant, during his service, shall be entitled, in relation to affairs of his employment; to lodge a complaint with the Mohtasib;
  • Protect/watch the Islamic values and etiquettes at the provincial level; · Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the propose of upholding Islamic values;
  • Forbid persons, Agencies and authorities working under the administrative control of Government to act against shariah and to guide them to good governance;
  • Formulate such directives and principles which may help in making the conduct of authorities working under this section to be effective and purposeful;
  • Extend help to the provincial administration in discharging its functions smoothly and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign State or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces;

While it is clear that the Act sets out to legitimise the MMA's agenda of radical Islam, what has astounded the critics is the extent of powers that may accrue to the Mohtasib, something that prompted the poet Kishwar Naheed to say, "This is more than the Taliban." The Mohtasib shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:

  • Summoning and enforcing the attendance of parties and examining him on oath;
  • Compelling the production of documents; and
  • Receiving evidence on affidavits.

But the Act goes much further. Under 'Special powers', the Mohtasib shall also have, among others, the following responsibilities:

  • To monitor adherence of moral values of Islam at public places;
  • To discourage Tabdhir or extravagance, particularly at the time of marriages and other family functions.
  • To follow the code of Islam in giving dowry;
  • To discourage beggary;
  • To monitor adherence to Islamic values and their respect and regard at the times of Iftar (Breaking the Fast) and Taravih (special prayers performed during the month of Ramadan);
  • To discourage entertainment shows and business transactions at the times of Eideen and Jumm'ah prayers around mosques where such prayers are being held;
  • To remove causes of dereliction in performance and proper arrangement of Eideen and Jumu'ah prayers;
  • To observe decorum of Islam at the times of Azan and Fard prayers;
  • To discourage un-Islamic and inhuman customs;
  • To check the tendency of indecent behaviour at public places including harassment of females;
  • To advise those who are found to be disobedient to their parents; and
  • To mediate amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.

A Mohtasib is to be provided with the "requisite police force" called Hisba Police for enforcement. The Hisba Act, akin to the Taliban's moral policing, is also an attempt to form a parallel judicial system. Ironically, the Hisba force, in acting as the Inquisition-like 'chief prosecutor', is itself not accountable to anyone, since "no court or authority shall be competent to question the legal status of the proceedings before a Mohtasib." According to the Act, "No court or authority shall have the power to pass any injunction or any interim or a stay order with regard to any matter under consideration of the Mohtasib" and only the Chief Minister can hear an appeal against his recommendations. The Mohtasib's office, which would only duplicate administration, is estimated to cost Pakistan Rupees (PKR) 10 billion annually, while the total provincial development fund is PKR 40 billion.

The MMA intends, through this institution, to influence in its favour the local level elections scheduled for August-September 2005. The alliance has moreover, time and again, declared that it would stop at nothing to bring 'real Islam' to the Province. Incidentally, after passage of the law, religious scholars throughout the Province reportedly took oath from their followers in the Friday congregations to "render every sacrifice for the enforcement of Islamic system in the province." Prayer leaders throughout the Province prayed for the success of MMA and the Hisba institution, reiterating their commitment to face the opponents of the Hisba Bill at every forum, including the courts, parliaments as well as among the people. And at the famed Mohabat Khan Mosque in Peshawar, the NWFP Minister for Finance, Planning and Development, Sirajul Haq, declared ominously: "We will not bow in front of any one on the earth except God Almighty. We will not make any compromise on Islam and Shariah at any cost… We will make more such legislations to enforce Islamic system. The Hisba's opponents want to confine Islam only to mosques like those of Christianity but it could not be. (The) Quran directs us to enter into Islam completely. Instead of confining it in mosques, it would have to control our business, politics and every aspect of our life."

Arguing that it is a violation of the Constitution of Pakistan, Islamabad has moved the Supreme Court under Article 186 of the Constitution. Earlier, on August 12-13, 2004, the Council of Islamic Ideology (CII) had declared the Hisba Bill to be in violation of the Constitution as it clashed with Article 175 [3], which concerns the independence of the judiciary. Further, the CII had observed: "Creation of the Hisba institution, instead of achieving the objectives of Shariah, will make the injunctions of the Quran and the Sunnah controversial and will open the gates of conflict."

The Act, however, may not come into force if Governor Khalil-ur-Rahman does not sign the law, which he says is a "fascist idea." While there is at a certain level an Islamabad-MMA discord, General Musharraf is aware that, 'enlightened moderation' notwithstanding, it would be difficult to undo laws that are brought into being in the name of Islam.

Extremist and terrorist actors have, for long, secured physical space to operate within Pakistan, and it is the ideology of Islamist extremism - partially reflected in parties such as the MMA and in political initiatives such as the Hisba Act, but which also generally pervades the founding ideas and political culture of Pakistan - that makes this possible. The West is only now beginning to recognize the pivotal role of the "evil ideology" that British Prime Minister Tony Blair now blames for the 7/7 attacks in London. Blair also recognized the "battle for hearts and minds" that underlay terrorist acts and our responses to these. Regrettably, this recognition is still to produce a significant strategy of response in the global war on terror. On the other hand, it has been the core of the Islamist extremist approach, which lays immense emphasis on a future guided essentially by ideological motivators, and has created an enormous institutional and political infrastructure for the propagation and promotion of the ideology of extremist Islam. And it is precisely this insidious ideology, "a belief, one whose fanaticism is such it can't be moderated", and its vast apparatus of support within state and non-state entities in Pakistan, that draws people like the 22-year old Shahzad Tanweer, one of the London bombers, and thousands of others, to the madrassas, the marakiz and the training camps of Pakistan.

INDIA

Assam: New Turn to Citizenship Politics
Wasbir Hussain
Associate Fellow, Institute for Conflict Management, New Delhi; Consulting Editor, The Sentinel, Guwahati

Assam has suddenly been gripped by both euphoria and fear after the country's Supreme Court, on July 12, 2005, struck down as unconstitutional an immigration law that was in force only in the State. While certain groups are celebrating the apex court's verdict thinking it would now be easy to detect and throw out the 'hordes' of illegal Bangladeshi migrants, others fear the exit of the special piece of legislation could lead to genuine citizens belonging to the minority communities (read, Muslims) being victimized or harassed in the name of detecting Bangladeshi aliens.

  Also Read
ULFA's Sleepers -- Bibhu Prasad Routray
ULFA Wants to Talk - Or Does it? -- Bibhu Prasad Routray

The Illegal Migrants (Determination by Tribunals) (IMDT) Act, a federal legislation, was introduced in this troubled Northeastern State on October 15, 1983, at the height of the 'anti-foreigner' (anti-Bangladeshi migrants) uprising spearheaded by the All Assam Students' Union (AASU), the State's frontline student group. With the introduction of the IMDT Act, Assam became the only State in India where the Foreigners Act was not applicable.

For the past two decades, the IMDT Act itself turned out to be fodder for the extremely murky politics of citizenship in the State of 26 million people. The Act laid down the provisions under which authorities were supposed to detect and expel illegal Bangladeshi migrants, whose number, according to groups like the AASU, runs into 'lakhs and lakhs' [the Union Ministry of Home Affairs put the number of illegal Bangladeshi migrants in India at 10 million in 1997]. Given the demographic profile of particular constituencies, political parties and individual candidates have won or lost elections, depending on whether they were supporters or opponents of the IMDT Act. Muslims (mostly settlers) are said to be a deciding factor in almost half of Assam's 126 State Assembly constituencies.

The IMDT Act imposed several conditions for action against suspected illegal migrants that groups such as AASU and opposition parties like the Asom Gana Parishad (AGP) and the Bharatiya Janata Party (BJP) deemed 'migrant friendly'. Thus, the burden of proof that an individual was an illegal migrant was placed on the complainant. Further, before the IMDT Act was amended in 1988, only those who resided within three kilometers from the place where a suspected illegal migrant was staying were eligible to lodge a complaint, and that, too, on payment of a fee! The Foreigners Act found favour with the anti-migrant groups as it vested the burden of proof on the accused.

The Congress Party - during whose tenure in New Delhi the Act was introduced in 1983 - had all along backed the IMDT Act on the ground that its provisions helped in preventing genuine citizens from being harassed. The Congress and small local parties like the United Minorities Front (UMF), cited instances in the past (before the IMDT Act's introduction) when apparently bona fide citizens were herded out of Assam by the police as 'illegal migrants'. What parties like the Congress liked the most about the IMDT Act was that it provided a judicial mechanism in the form of tribunals, headed by retired judges, to determine the nationality of a suspect. These parties have, however, been accused of being soft on 'Bangladeshi settlers' because these constitute a major 'vote bank' for them.

The euphoria generated in the State by the Supreme Court's decision to strike off the IMDT Act is understandable. Between 1979 and 1985, AASU led perhaps the largest mass uprising in Independent India precisely on the issue of illegal Bangladeshi migrants. The agitation was sparked off in 1979 after names of aliens appeared in large number in the voters' list of a Lok Sabha constituency, Mangaldoi, where a by-election was to be held.

The stir ended on August 15, 1985 after then-Prime Minister Rajiv Gandhi oversaw the signing of an agreement, popularly called the Assam Accord. It was a tripartite agreement between AASU and its allies, the Centre and the Assam Government. The Accord had set March 25, 1971, (the day Bangladesh was born) as the 'cut-off date' for detection and expulsion of illegal migrants. That meant that those illegal aliens who had entered India on or after that date were to be identified and expelled in accordance with the IMDT Act. However, the poor end result of this exercise incensed groups like the AASU, AGP and the BJP, all of whom blamed the 'loopholes' in the IMDT Act. Over the past two decades, just about 1,500 'illegal Bangladeshis' have been expelled, according to official records. Even for this number, however, there is no evidence that Bangladesh has officially accepted their return.

It was in 1998 that the All India Lawyers' Forum for Civil Liberties filed a public interest litigation (PIL) in the Supreme Court seeking a direction to the Centre and the State Governments in Assam, Meghalaya, West Bengal, Mizoram, Tripura and Delhi to deport all Bangladeshis living illegally in India. Then, in 2000, former AASU president, and currently Lok Sabha (Lower House of Parliament) MP from the AGP, Sarbananda Sonowal, moved a PIL seeking the quashing of the Act itself. After a five-year legal battle, the Supreme Court's verdict came on July 12, 2005. The Court's observations were interpreted by the AASU, AGP and the BJP as a vindication of their stand. Some of the major observations in the 114-page Supreme Court order are:

  • The IMDT Act was 'ultra vires' of the Constitution
  • By enacting the Act, the Parliament had divested the Central Government of the powers to remove Bangladeshi migrants, whose presence was creating a serious law and order problem
  • The IMDT Act was unconstitutional and must be struck down as it contravenes Article 355 of the Constitution, where a duty has been cast upon the Union of India to protect every State against external aggression and internal disturbance
  • Illegal migration was an 'aggression on Assam'
  • The migration has retarded Assam's growth despite the State's natural resources
  • The burden of proof in all leading democracies in the world lies on the accused who has to prove that he or she is a national of that country

Significantly, however, the Supreme Court has not struck down the judicial mechanism while striking down the IMDT Act. The Court's order said: "All the tribunals and appellate tribunals under IMDT Act shall cease to function. All cases pending before (these) tribunals shall stand transferred to Foreigners (Tribunal) Order and be decided under Foreigners Act." The ruling Congress in Assam found this a great relief. "The positive aspect of the Supreme Court verdict is that it did not leave detection of foreigners to police and directed constitution of tribunals under the Foreigners Act," Assam Chief Minister Tarun Gogoi was quoted as saying. He said the Congress was all along demanding that the foreigners should be detected through a judicial process and that the matter should not just be left to the police machinery. So, it seems clear that the exercise of detecting and throwing out illegal migrants is not going to see results overnight even under the new arrangement.

Let's take a look at the political fallout so far after the IMDT Act's exit:

  • The Congress has called upon the minorities not to be worried and has promised to make sure that genuine citizens would not be harassed
  • Chief Minister Tarun Gogoi and his aides have rushed to New Delhi lobbying with the party bosses and the Union Government to come up with a new law to deal with foreigners
  • The Congress-led Government in New Delhi, at a meeting chaired by Prime Minister Manmohan Singh on July 14, 2005, decided to form a Group of Ministers to hear different points of view on the IMDT Act and come up with an appropriate response
  • The All Assam Minorities Students' Union (AAMSU) had called a general strike in Assam on July 13, 2005 accusing the Congress Government in Assam of not responding properly, thereby losing the court battle on the IMDT Act
  • The AASU has said that minorities in Assam who are genuine citizens need not fear.

A new trend in the politics of citizenship has only just begun. The Congress has already spread the word that, as long as the party stays in power, the minorities have no cause for worry, and hopes to retain its 'vote banks' despite its failure to retain the IMDT Act. However, the UMF has accused the Congress of paying 'lip-service' to minority interests in Assam and has blamed the party of not defending the IMDT Act well. If the UMF, in the run-up to the elections, decides to go all out against the Congress on this issue, the minority vote may be split down the middle. In that event, the AGP and the BJP would certainly benefit. If, however, the UMF and the Congress reach an understanding, the Congress could once again win the polls. The battle over the exclusive law is over, but the war seems to have just begun.

INDIA

Manipur: The Siege Within
Bibhu Prasad Routray
Research Fellow, Institute for Conflict Management

Beginning June 20, 2005, the All Naga Students Association, Manipur (ANSAM), imposed an economic blockade in the four hill districts of Tamenglong, Chandel, Ukhrul and Senapati, cutting off the remaining five districts of the State from the rest of the country. The blockade was a reaction to the Manipur Government's declaration of June 18 as 'State Integrity Day', which the ANSAM described as a "coercive and belligerent attitude towards a peaceful assertion of the Naga peoples democratic will", which it deemed "highly irresponsible and an attempt on the part of the Government to distort the facts."

  Also Read
'Revivalist' Wave -- Pradip Phanjoubam
Terrorist Diktats Rule -- Bibhu Prasad Routray

June 18 is of significance to the Valley areas of Manipur, which erupted into unprecedented violence following the Union Government's declaration of the extension of the ceasefire with the National Socialist Council of Nagalim - Isak-Muivah (NSCN-IM) on this date in 2001. The decision was seen as a precursor to giving in to the militant group's long-held demand for a 'Nagalim' or 'greater Nagaland', which sought the merger of about two-thirds of Manipur's territory with Nagaland. People in the valley districts fought pitched battles with the security forces, and burnt down Government offices and residences of political leaders. 20 protesters lost their lives in security forces' firing, and the day has, since, been a rallying point for the Manipuris confronted with the NSCN-IM's expansionist onslaughts. For Naga organisations, which maintain close links with the NSCN-IM, however, the day and any attempt to glorify it are problematic.

Chief Minister Ibobi Singh's decision could have been prompted by his eagerness to play to the integrationist gallery in the State, so far dominated by the Meitei organisations like the All Manipur United Clubs Organisation (AMUCO), United Committee Manipur (UCM) and the Apunba Lup (Umbrella Organisation); in the process, however, he provided ANSAM with the opportunity to start an agitation on the issue. ANSAM's reaction assumes greater significance against the backdrop of the NSCN-IM leadership's exit from New Delhi after a seven-month stay and extended negotiation in India. The Union Government had clearly expressed its inability to integrate Naga inhabited areas in the three States abutting Nagaland, in view of opposition from the affected States.

This may well have provoked the NSCN-IM to try and exert influence through mass mobilisation of the Nagas in Manipur. Little differentiates the NSCN-IM from organisations such as ANSAM, the Naga Students' Federation (NSF), the Naga People's Movement for Human Rights (NPMHR) and the Naga Hoho. Leaders within these organisations often move from one to the others, and each has, over the years, worked systematically to further the cause of Naga integration. The NSCN-IM, on July 12, vowed not to remain a "silent spectator" if New Delhi allowed Chief Minister Ibobi Singh to continue using "brute force" against unarmed Nagas in Manipur.

Opposition groups do, of course, exist within the Nagas of Manipur, including the Zeliangrong and Rongmei Nagas. But they have limited organisational and financial capabilities compared to the affluent NSCN-IM and its front outfits. The only vocal entity opposed to the NSCN-IM's strategy is its bete noire, the NSCN-Khaplang, which, on July 13, accused the IM faction of trying to divide Manipur as well as the Nagas.

Manipur's struggle to keep its territory intact has suffered serious setbacks over the past three months. The NSCN-IM leadership in April 2005 arranged for a dinner of the Christian Members of Parliament (MPs) in a New Delhi hotel. Confabulations there appeared to have led to the May 27 resolution by 13 Naga MPs and Members of Legislative Assembly (MLAs) of Manipur, including a former Chief Minister of the State, Rishang Keishing who currently is a Member of the Upper House of the Parliament, to the Prime Minister. The letter states, inter alia, "In case of territorial integration of the Naga areas, we believe that it is our sincere question and the basic fundamental right of the Naga people to be under one political entity and live together. We therefore fully support the aspiration of the Naga people for integration." This was, by far, the most unequivocal support from Manipuri politicians for Naga integration. Worse, the Outer Manipur Parliamentary constituency MP, Mani Charanemei, during his meeting with the Prime Minister in the first week of July, is reported to have accused the State Government of being 'communal'.

The impact of the blockade has been enormous. Hundreds of trucks are stranded at the entry point at Mao gate in Nagaland on National Highway number 39, and stocks of essential supplies depleted rapidly in Manipur. Reports indicate that rice is selling at INR 50 per kilogram, about 5 times the normal price; an LPG cylinder, normally priced at INR 300, is selling at INR 600; kerosene prices have rocked to INR 32 per litre, as against a normal price of INR 15. The Government has already rationed the sale of patrol and diesel, and newspapers have cut down on the number of pages due to shortage of newsprint. In a statement on July 15, the Government acknowledged an "acute shortage of essentials, baby food, fuel and medicines with no supplies coming in from outside the State."

At least six trucks, including oil tankers, trying to defy the blockade have been set ablaze by protestors. The Home Ministry is contemplating seeking the Army's help to clear an alternate route, the militant-infested Highway 53 connecting Assam's Silchar and Imphal, to restore the supply lines.

Reeling under multiple pressures, Chief Minister Singh faces a difficult task. Adopting a tough posture against the Nagas would deepen the fissures between the Valley and the Hills and make the State more vulnerable for exploitation by the NSCN-IM. On the other hand, he cannot be seen not to be acting in the face of the gathering storm. He has attempted to open lines of communication with the ANSAM, and on July 12, he backtracked on the 'Integration Day' announcement, stating that it had not been placed on the official list of general holidays, and no concrete decision had on whether it would be retained as a general holiday next year. On July 15, during a discussion on the current impasse in the Assembly, Chief Minister Singh declared that the decision was a mistake "if it has hurt anybody". However, ANSAM, which is now being supported by the Naga Hoho and the NSF, is yet to relent.

On July 13, ANSAM asked all the Naga MLAs and Ministers in the Manipur Assembly to resign, declaring that "Naga identity and dignity cannot be safeguarded under the present arrangement of Manipur State under any circumstances."

Apart from the Nagas, Manipur has other problems to contend with, including the demand for a separate Sadar Hills District in the present Senapati District. Coinciding with the official end of the ANSAM's blockade on July 9, which still continues unofficially with the support of the NSF in Nagaland, the Sadar Hill District Demand Committee activists announced a three day blockade of NH 39 beginning July 10. Following the accidental death of an activist, the agitation was extended for another two days.

In his report to the Union Government, Manipur Governor S.S. Sidhu reportedly said the crisis could have been avoided had the State Government acted more responsibly. The Union Home Ministry has asked the State to diffuse the crisis and, in turn, the State Government has asked for more para-military personnel to deal with the situation. The impasse continues and there is little hope that, even with an end to the present crisis, normalcy in Manipur will be restored in the foreseeable future.

NEWS BRIEFS

Weekly Fatalities: Major Conflicts in South Asia
July 11-17, 2005

 
Civilian
Security Force Personnel
Terrorist
Total

BANGLADESH

0
0
5
5

INDIA

     Jammu &
     Kashmir

8
3
59
70

     Left-wing
     Extremism

7
0
3
10

     Manipur

6
0
0
6

     Meghalaya

0
0
1
1

Total (INDIA)

21
3
63
87

NEPAL

6
3
21
30

PAKISTAN

5
1
41
47

SRI LANKA

4
1
1
6
 Provisional data compiled from English language media sources.


INDIA

 

Lashkar-e-Toiba behind Ayodhya attack, says Uttar Pradesh Police: The Uttar Pradesh Police said on July 15, 2005, that they have identified two of the six slain terrorists involved in the attack on the disputed complex at Ayodhya on July 5 as Pakistani nationals belonging to the Lashkar-e-Toiba (LeT). The State Police Chief, Yashpal Singh, told the media in Lucknow that the terrorists, identified as Mohammad Yunus and Mehmood, and their associates had rented houses at Devli village in south Delhi and at Kishangarh in southwest Delhi and had been living there for an year. Three other terrorists also stayed with them, added Singh. Times of India, July 16, 2005.

Tamil Nadu bans CPI-Maoist: In a notification issued on July 12, 2005, the Tamil Nadu Government banned the Communist Party of India-Maoist (CPI-Maoist), under the Criminal Law Amendment Act, 1908, and reportedly asked the Union Government to ban the outfit under the amended Unlawful Activities (Prevention) Act. An official statement said that the CPI-Maoist was indulging in "unlawful activities, maintaining links with other banned extremist groups, circulating handbills, pasting hand-written posters containing seditious slogans, calling upon the people to pursue the path of violence and had involved itself in violence and in criminal cases and causing terror among the people". Further, the outfit was encouraging its members to use "criminal force and violence against the Government machinery" through seditious literature wall writings, posters and pamphlets, it said. It was also inciting the working class to join the violent struggle to establish a dictatorship of the proletariat, it added, citing posters appearing in various places in the Madurai, Tiruvallur and Dharmapuri districts. Indian Express, July 13, 2005.

Supreme Court repeals IM(DT) Act: On July 12, 2005, the Supreme Court of India repealed the controversial Illegal Migrants (Determination by Tribunals) (IMDT) Act, which has been applied in the State of Assam. In a verdict delivered by Justice G. P. Mathur on behalf of the three-member Bench headed by Chief Justice R. C. Lahoti, the Court said "The IMDT rules and tribunals are declared to be ultra vires of the Constitution and are struck down." The 114-page ruling further said, "All the tribunals and appellate tribunals under IMDT Act shall cease to function. All cases pending before tribunal shall stand transferred to Foreigners (Tribunal) Order and be decided under Foreigners' Act." The Hindu, July 13, 2005.


NEPAL

Maoist chief Prachanda invites political parties for negotiations: In a statement issued on July 11, 2005, the chief of Maoist insurgents, Pushpa Kamal Dahal alias Prachanda, said his party was ready to collaborate with all political parties that were against 'authoritarianism' in order to make the movement powerful and united. Prachanda called upon political parties to come forward by constituting an official `negotiation team' in order to create pressure for a democratic way out and said, "A strong basis of confidence could be prepared by holding dialogue with such a negotiation team by organizing serious discussions on the whole gamut of political issues." Kantipur Online, July 12, 2005.


PAKISTAN

London suicide bombers had visited Karachi: Three of the four London suicide bombers had reportedly visited Pakistan and investigators are probing whether they met with Al Qaeda-linked terrorist groups. Mohammad Sidique Khan and Shahzad Tanweer arrived together at Karachi Airport in November 2004 and returned to Britain in early February 2005. Hasib Hussain came separately at an undisclosed time in 2004, also to Karachi, and went back to Britain shortly afterwards. Daily Times, July 17, 2005.

President Musharraf orders countrywide drive against terrorism: Declaring Pakistan's firm commitment to combating extremism and terrorism, President Pervez Musharraf on July 15, 2005, directed the law-enforcement agencies to launch a countrywide drive against collection of donations, display of arms, holding of gatherings by banned outfits and remove all hate material from markets by December 2005. Speaking to Pakistan's top police officers in Rawalpindi, General Musharraf claimed that the Government would not tolerate extremism and will continue to combat terrorism with unflinching determination and force. He also reiterated the Government's resolve not to allow banned militant organisations to re-surface using any other name. "You must enforce an end to publication and distribution of hate material, including pamphlets, booklets, CDs etc, and writers, publishers and distributors of all such literature must be held accountable in accordance with the law. You must ensure that such material is not available in markets latest by December, this year," the President said. Daily Times, July 16, 2005.

24 terrorists killed in North Waziristan: US-led coalition forces in Afghanistan killed at least 24 terrorists and destroyed two vehicles in a missile attack in the Lawara Mandi area of North Waziristan on July 14, 2005. Pakistani security forces also carried out search operations in the same area and arrested seven suspects on July 15. The Director-General of the Inter Services Public Relations (ISPR), Maj. Gen. Shaukat Sultan, confirmed that terrorists' bodies were found inside Pakistani territory and were taken into custody. "We presumed they were trying to escape into the Pakistani area when they were hit by coalition forces," Sultan told Dawn. "I cannot say about the origin of the deceased," Sultan said when asked whether any Pakistani was among the dead. He also disclosed that coalition troops had informed Pakistani security forces before their operations on this side of the border. Dawn, July 15, 2005.


SRI LANKA

Supreme Court orders interim stay of four key provisions in P-TOMS: On July 15, 2005, the Supreme Court of Sri Lanka passed a stay order to block four key provisions of the Post-Tsunami Operational Management Structure (P-TOMS) agreement between the Government and Liberation Tigers of Tamil Eelam (LTTE). The judgment said that the location of the Regional Committee's headquarters in the LTTE-held town of Kilinochchi and the creation of a special fund under foreign control for the mechanism were illegal. Earlier, a case was filed by the Janatha Vemukthi Peramuna and Jathika Hela Urumaya asking the Court to declare the P-TOMS agreement null and void. The stay order will be valid until a review by the Supreme Court on September 12, 2005. Colombo Page, July 15, 2005.



The South Asia Intelligence Review (SAIR) is a weekly service that brings you regular data, assessments and news briefs on terrorism, insurgencies and sub-conventional warfare, on counter-terrorism responses and policies, as well as on related economic, political, and social issues, in the South Asian region.

SAIR is a project of the Institute for Conflict Management and the South Asia Terrorism Portal.

 

South Asia Intelligence Review [SAIR]

Publisher
K. P. S. Gill

Editor
Dr. Ajai Sahni



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