CONFUSION and the potential abuse of rights are an almost unavoidable consequence of conflict. This fact is evident in the example of Abdul Ghaffar Khan, who moved the court to regain a large chunk of agricultural land he claimed to own in Barikot tehsil in Swat. Mr Ghaffar said that in the wake of Operation Rah-i-Raast launched against the Taliban in 2009, he and his family fled the area along with scores of other internally displaced persons. Upon return, however, Mr Ghaffar found that his acreage was under the control of the military authorities. The latter believed that he was a militant and denied Mr Ghaffar’s family access to the landholding. On Monday though the Supreme Court — which had earlier ordered the defence secretary to furnish evidence indicating whether the petitioner was really a terrorist — ordered that the land be returned to Mr Ghaffar.According to Mr Ghaffar, it was actually one of his relatives through marriage who was wanted by the security forces for anti-state activities.
It is encouraging that the legal mechanism invoked by Mr Ghaffar to reclaim what was rightfully his was successful in its implementation. It is to be hoped that he faces no further delays in regaining full control of his property. However, this case should be taken as a reminder that similar difficulties are being faced across the areas where military operations have been launched, or where residents have had to leave because of threats posed by militants. It is well-documented that thousands of people fled the various areas around the conflict zones, leaving behind their homes and businesses for extended periods. As normality is brought back to these areas, every effort must be made to ensure that the returning residents’ rights are not infringed upon in any way, whether deliberately or because of confusion.