The chief of proscribed Tehreek-i-Nifaz-i-Shariat-i-Mohammadi, Maulana Sufi Mohammad, was released on January 15 after an imprisonment of over eight years. While he continued to openly propagate his anti-state stance, the successive governments, both federal and provincial, adopted different policies towards him at different times.

At times he was arrested and kept imprisoned while on several other occasions the government adopted a policy of appeasement towards him. The way the governments have been dealing with him exposes the confused policies of government while dealing with proscribed organisations and their leaders.

A bench of the Peshawar High Court has recently granted him bail in two cases wherein he has been charged with committing sedition, waging war against Pakistan and several other offences. The bail was granted on statutory grounds as the Maulana had been behind bars for over eight years and trials of the two cases have still been in initial stages.

Soon after his release his interview was also broadcasted by a private television channel showing him condemning the activities of Tehreek-i-Taliban Pakistan and its head Maulana Fazlullah, who also happens to be his son-in-law.

Though TNSM is a proscribed organisation and under section 11-W of the Anti-Terrorism Act 1997 it is prohibited to give projection to any person or organisation concerned in terrorism, the said interview went on air and so far the Pakistan Electronic Media Regulatory Authority has not taken any notice of it.

Furthermore, the National Action Plan announced by the federal government in Jan 2015 after the Army Public School carnage, also places “ban on glorification of terrorists and terrorist organisations through print and electronic media.”

The Maulana rose to prominence in 1994 when he along with his supporters had blocked the Peshawar-Swat Highway for around a week demanding introduction of Shariah laws in Malakand division. Since then he remained behind bars for different durations spanning over 14 years. The said sit-in was staged after the Supreme Court had upheld a judgment of PHC through which the infamous Pata (Provincially Administered Tribal Areas) Regulations were declared unconstitutional.

As there were expectations that normal laws of the land would replace the Pata Regulations, the Maulana and his supporters had launched a campaign against it. Prior to formation of TNSM in 1989, the Maulana had remained a member of Jamaat-i-Islami Pakistan.

He had also remained a district councillor in Dir.

In 1994, armed supporters of the Maulana had also occupied different government installations. Those armed persons were dislodged from those installations after the Maulana was taken into custody. Then government of Pakistan Peoples Party, which was in power both in the centre and Khyber Pakhtunkhwa (then NWFP), tried to appease the Maulana by introducing Nifaz-i-Nizam-i-Shariah Regulation 1994. Since then the nomenclature of the judicial officers was changed in Pata and the district and sessions judge is now called Zila Qazi, and a senior civil judge as Aala Ilaqa Qazi.

Dissatisfied with the Regulation of 1994 the TNSM again launched a movement in 1998 following which then provincial government of PML-N, led by chief minister Mehtab Ahmad Khan, introduced the Shariah Nizam-i-Adl Regulation, 1999, making various changes to the earlier law.

The Maulana again hit the headlines when he started instigating general public in 2001 to join him to go to Afghanistan for waging a holy war against the US forces. He continued to stage demonstrations and public meetings for many days and subsequently travelled to Afghanistan. He was joined by over 10,000 poorly armed persons most of whom were either killed or injured there. Scores of them were also imprisoned in Afghanistan.

The Maulana himself remained safe and was arrested on Nov 20, 2001, in Kurram Agency when he was returning from Afghanistan along with his supporters. He along with 30 of his supporters, including Maulana Fazlullah – the absconding chief of TTP – were tried under the Frontier Crimes Regulation and were sentenced under different provisions of Pakistan Penal Code by an assistant political agent, Kurram Agency, on March 30, 2002.

They were convicted on three counts: carrying explosive substances; display of heavy weaponry; and, illegal entry into Pakistan from Afghanistan. Maulana Sufi was awarded 10 years imprisonment on different counts. In the meantime, then government also proscribed TNSM on Jan 12, 2002.

In the aftermath of growing activities of TTP in Malakand region, lady luck smiled on the Maulana and he was set free on April 21, 2008, after an agreement between TNSM and then provincial government. Interestingly, while TNSM had still been proscribed, the government withdrew all cases pending against the Maulana and commuted his remaining prison term.

Through a Home Department Notification No. SO (JUDL) HD/8-116 dated April 21, 2008, over a dozen cases against the Maulana and his supporters were withdrawn.

In the said agreement the TNSM had disassociated itself from attacks on security forces and government installations and assured the government to help it in restoring its writ there. The then coalition government of ANP and PPP signed another peace deal with TNSM in February 2009 for restoring peace in Malakand division.

The government had also promulgated the present Shariah Nizam-i-Adl Regulation 2009, replacing the Regulation of 1999. However, that peace deal fell apart as the militants also extended activities to adjoining districts of Buner, Shangla, Malakand and Lower Dir.

The Maulana went into hiding after the final phase of military operation was launched in May 2009. He was arrested from Peshawar’s Sethi Town area along with his three sons in July 2009. Over a dozen cases were reopened against him.

One of the cases in which the Maulana was now given bail by the PHC pertained to sedition wherein he is charged of addressing a crowd at Grassy Ground Swat on April 19, 2009.

In most of the cases the Maulana has already been acquitted. As majority of the cases were earlier closed by the government, the concerned court ruled that these can’t be reopened.

Legal experts believe that even in the two pending cases there was little chance of his conviction. The concerned anti- terrorism court had already declared that the two cases did not fall under the Anti-Terrorism Act and had transferred these to regular courts in Swat. They believe that when the government is itself not clear and confused about elements like Maulana Sufi there are little chances of convictions of such persons through court of law.

Published in Dawn, January 22nd, 2018