ISLAMABAD, Oct 17: Sahibzada Haroon Rashid, a leader of Jamaat-i-Islami and a former member of the National Assembly, has challenged in the Supreme Court the deployment of armed forces in the Federally Administrated Tribal Areas (Fata).
The federation of Pakistan, through the defence secretary, and the Aiwan-i-Sadr, through the president’s secretary, have been made respondents in the petition filed by senior lawyer Dr Farooq Hassan.
The petition said there was no legal concept or constitutional authority for using the army for any domestic, military-type operation. According to it, President Musharraf, who also heads the country’s armed forces, has now threatened to increase the intensity of the “unlawful activity” which has resulted in the death of hundreds of civilians, since he feels that with the display of greater state power he will be able to suppress dissent against his regime’s policies.
It said that in the wake of such fighting, scores of people were being killed in violation of the armed forces’ duties, as enshrined in the constitutional laws of the land.
Consequently, hundreds of people from tribal agencies were being compelled to leave their homes to move to the Bajaur Agency. He said this process, which is recognised by international law as a major reason for involving outside powers for humanitarian reasons, must be stopped forthwith to safeguard the integrity of the country.
The heightened activity has actually resulted in severe setbacks for the country’s army as well. Over 200 soldiers, including eight officers up to the rank of colonel, are presently being held in the custody of the tribal people currently being targeted.
The army has already lost over 1,000 personnel who were killed fighting militants in or near Waziristan Agency.
The petition said the extent of killings of civilians and the damage to the prestige, morale and reputation of the country’s armed forces warranted directions to the respondents to halt such military operations.
It claimed that no security interests of the country were involved in these military operations resulting in losses that were fundamentally irreparable.
