SYYED MANSOOR AGHA analyses the current process of normalisation of relations between Indian and Pakistan following the recent visit of 110-member delegation of eminent lawyers to Pakistan.
The process of normalisation of relations between India and Pakistan has been marred with fresh irritations and allegations, yet it is moving ahead in a positive direction. In a step forward, both countries signed a new visa agreement, after a long wait and delays. It is expected that easing restrictions for travellers will enhance trade and warm up relations by increasing contacts on public level. However, frustration is increasing over the delay in operationalising this new regime signed by Indian Minister of External Affairs S.M. Krishna and Pakistan’s Home Minister Rahman Malik on September 8 in Islamabad. It was expected that this agreement will become functional in October itself but new hurdles have come up. Now Islamabad wants a joint ceremonial launch of the revised services, to which India has agreed, but Pakistan is yet to suggest dates. Reportedly Pakistan is not yet ready for new process, while India has made all necessary preparations.
In another shocking incidence, both countries again clashed during UN General Assembly last month, which was certainly avoidable. As a principle, leaders of both countries have time and again expressed their resolve to find solutions to all issues, including Kashmir through bilateral talks. Process of negotiations is also going on. In spite of this revoking age-old rhetoric of UN resolutions is nothing but to vitiate the atmosphere.
Equally unfortunate was public statement of Indian Minister of Home Affairs Sushil Kumar Shinde accusing Pakistan of helping infiltration bids and organising attacks on military convoys in J&K. More so because it was made at a time when a strong delegation of Indian lawyers was on a historical goodwill visit to Pakistan.
Speaking on the sidelines of a police commemoration day event in New Delhi, on October 22, Shinde said, “We have credible information that Pakistan is helping terrorists to enter into our territory. We have intelligence inputs.” If there is “credible” information and “reliable intelligence inputs”, the matter should have been raised with Pakistan through diplomatic channels and not through press conferences. It may be noted that claims of “credible information” and “reliable intelligence inputs” have not been good in the past. Samjhauta explosion may be cited as an example.
From economic front, there are some good news reports. India has finally agreed to sell and lease out its locomotives to Pakistan, thus helping the neighbouring country restart its defunct train services.
In the first-of-its-kind deal, the Indian Railways will deliver 50 refurbished ALCO Locos at an estimated cost of Rs. 350 crore. Another set of 50 new locos of a higher horse power (3000-3500) will also be leased out soon. On the other hand, trade activity at newly commissioned facility at Attari-Wagah border is increasing smoothly. Both countries have agreed to trade around 6,000 entities through this border. Mr. Sukhbir Singh Badal, Deputy Chief Minister of Punjab is likely to head a business delegation to Pakistan, to further enhance trade ties, in the first week of next month.
‘PEACE THROUGH LAW’
More notably, in the first effort of its kind eminent members of legal fraternity of both countries came forward with an aim to strengthen ‘Peace through Law’ between the two warring nations. Supreme Court Bar Association of Pakistan (SCBAP) hosted a conference in Lahore on October 19 and 20. Hundreds of leading lawyers from both Pakistan and India attended the conference. A 110-member delegation of Indian lawyers, headed by Dr Pravin H Parekh, president of the Supreme Court Bar Association of India and Adish C Aggarwala, President of International Council of Jurists participated in search of “progressive solution towards regional stability and developmental gateways between India and Pakistan.”
The one-line message of the conference was, ‘Jurists can foster trust between Pakistan, India.’ The tone of deliberations was set by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. He acknowledged that both countries have immensely suffered from militancy and terrorism and declared “the country has the resolve and institutional strength to take up the challenge.”
“Our law-enforcement agencies are striving hard to check this menace and the courts, including anti-terrorism courts are geared to handle these cases expeditiously and dispense justice in a forthright and transparent manner,” he said. “Therefore, I do not see any reason why Pakistan should not regain its position as a civilised and progressive country which is at peace with itself and with countries in the region and beyond.”
Justice Chaudhry also pointed out that Pakistan and India are facing the same kinds of challenges. The judiciaries of both the countries, he said, have a common cultural, social and legal background, as they drew inspiration from the same source of jurisprudence and followed the same pluralistic and all-encompassing representative democracy, based on the twin principles of rule of law and supremacy of the Constitution.
Pointing out to the rivalries between the two countries, Justice Chaudhry optimistically stressed that jurists, being the most knowledgeable people of the law and capable of moulding public opinion, could play their role in not only creating an environment for peaceful interaction between the two neighbours, but also ensuring that such interaction would translate into real-time trust and harmony between them.
RESOLUTIONS
Certain resolutions were passed in the two-day deliberations divided in six modules: Terrorism, Counterterrorism and Human Rights; Regional Peace, Rule of Law and Economic Development; Role of Media in Promoting Peace; Role of Bar in Promoting Culture of Tolerance; Leadership and Good Governance; and Cyber Crime and Legislation.
On Terrorism, Counterterrorism and Human Rights delegates recommended several measures including developing mutual legal framework. It was highlighted that since decisions and pronouncements of the Judiciary have international repercussions and were treated as official state positions, Pakistan’s judiciary ought to be mindful of this. It was also stressed that Pakistan needed to upgrade its criminal justice system to meet challenges posed by insurgents and non-state actors.
Deliberating on the issue of Regional Peace, Rule of Law and Economic Development, participants underlined importance of regional peace and stability for economic progress in two countries. It was agreed that fair rule of law attracts investment by providing stringent and effective legal safety net for contractual breaches. It was also resolved that trade between India and Pakistan would reap economic rewards for both countries and also act as a potent confidence-building measure.
On ‘Role of Media in Promoting Peace’, participants felt need for a more responsible and fact-based media coverage. It was noted that although media was a commercial enterprise, it still owed a public duty to refrain from whipping up war hysteria as witnessed in the aftermath of Mumbai attacks.
On ‘Role of the Bar in Promoting a Culture of Tolerance’, delegates were of the view that continued process of interaction between members of legal communities is important to promote peace, harmony and tolerance.
On ‘Leadership and Good Governance’ participants underlined the need for creative and effective leadership to find fresh solutions to longstanding disputes. It was also agreed that good governance in a trilateral separation of powers system requires the executive, legislative and judicial branch to operate within their independent domains and not interfere in one another’s constitutional zone of independence. It was also stressed that judiciary ought to exercise restraint in ‘political questions’ that were capable of being resolved by the political branches of government.
On ‘Cyber Crime and Legislation’ participants agreed on dire need for updating and framing cyber crime laws in Pakistan. It was stressed that whereas legal systems of advanced jurisdictions in the world have developed robust legal mechanisms to counter cyber crime, Pakistan relied on obsolete Telegraph Act 1885 and Wireless Act 1933 to tackle this fast expanding area of crime.
Indian delegates were overwhelmed on the warm welcome and home-like atmosphere during the conferences. This is a step forward towards normalisation of relations between the two. This is the first time that legal fraternity has taken a note of its important role and need for good neighbourly relations between India and Pakistan.
During the visit of this delegation, Pakistan agreed to declare the town of Hasan Abdal, near Rawalpindi, as a ‘holy city’ since it houses the Gurdwara Panja Sahib. This was announced by Interior Minister Rehman Malik during his meeting with the delegation. He also sent a letter to Punjab Chief Minister Parkash Singh Badal and Deputy Chief Minister Sukhbir Singh Badal, inviting them to visit Pakistan to join the official announcement function. Recently, Pakistan has renamed Shadman Chowk of Lahore as Bhagat Singh Chowk. It is a place where freedom fighter Bhagat Singh was hanged in March 1931.
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