Thursday, December 15, 2011

The Pakistanis Have a Point By Bill Keller - The New York Times Magazine

http://www.nytimes.com/2011/12/18/magazine/bill-keller-pakistan.html?_r=1&pagewanted=all

 
New York Times

The Pakistanis Have a Point



  • Morgan Schweitzer

  • Morgan Schweitzer

  • Morgan Schweitzer

  • Sept. 22, 2011 Adm. Mike Mullen suggested that Pakistan had supported terrorist attacks in Afghanistan.





By
Published: December 14, 2011
As an American visitor in the power precincts of Pakistan, from the gated enclaves of Islamabad to the manicured lawns of the military garrison in Peshawar, from the luxury fortress of the Serena Hotel to the exclusive apartments of the parliamentary housing blocks, you can expect three time-honored traditions: black tea with milk, obsequious servants and a profound sense of grievance.


Multimedia




Readers’ Comments


Talk to Pakistani politicians, scholars, generals, businessmen, spies and journalists — as I did in October — and before long, you are beyond the realm of politics and diplomacy and into the realm of hurt feelings. Words like “ditch” and “jilt” and “betray” recur. With Americans, they complain, it’s never a commitment, it’s always a transaction. This theme is played to the hilt, for effect, but it is also heartfelt.

“The thing about us,” a Pakistani official told me, “is that we are half emotional and half irrational.”

For a relationship that has oscillated for decades between collaboration and breakdown, this has been an extraordinarily bad year, at an especially inconvenient time. As America settles onto the long path toward withdrawal from Afghanistan, Pakistan has considerable power to determine whether the end of our longest war is seen as a plausible success or a calamitous failure.

There are, of course, other reasons that Pakistan deserves our attention. It has a fast-growing population approaching 190 million, and it hosts a loose conglomerate of terrorist franchises that offer young Pakistanis employment and purpose unavailable in the suffering feudal economy. It has 100-plus nuclear weapons (Americans who monitor the program don’t know the exact number or the exact location) and a tense, heavily armed border with nuclear India. And its president, Asif Ali Zardari, oversees a ruinous kleptocracy that is spiraling deeper into economic crisis.

But it is the scramble to disengage from Afghanistan that has focused minds in Washington. Pakistan’s rough western frontier with Afghanistan is a sanctuary for militant extremists and criminal ventures, including the Afghan Taliban, the Pakistani Taliban, the notorious Haqqani clan and important remnants of the original horror story, Al Qaeda. The mistrust between Islamabad and Kabul is deep, nasty — Afghanistan was the only country to vote against letting Pakistan into the United Nations — and tribal. And to complicate matters further, Pakistan is the main military supply route for the American-led international forces and the Afghan National Army.

On Thanksgiving weekend, a month after I returned from Pakistan, the relationship veered precipitously — typically — off course again. NATO aircraft covering an operation by Afghan soldiers and American Special Forces pounded two border posts, inadvertently killing 24 Pakistani soldiers, including two officers. The Americans said that they were fired on first and that Pakistan approved the airstrikes; the Pakistanis say the Americans did not wait for clearance to fire and then bombed the wrong targets.

The fallout was painfully familiar: outrage, suspicion and recrimination, petulance and political posturing. Gen. Ashfaq Parvez Kayani, the chief of the army and by all accounts the most powerful man in Pakistan, retaliated by shutting (for now and not for the first time) the NATO supply corridor through his country. The Pakistanis abruptly dropped out of a Bonn conference on the future of Afghanistan and announced they would not cooperate with an American investigation of the airstrikes. President Obama sent condolences but balked at the suggestion of an apology; possibly the president did not want to set off another chorus of Mitt Romney’s refrain that Obama is always apologizing for America. At this writing, American officials were trying to gauge whether the errant airstrike would have, as one worried official put it, “a long half-life.”

If you survey informed Americans, you will hear Pakistanis described as duplicitous, paranoid, self-pitying and generally infuriating. In turn, Pakistanis describe us as fickle, arrogant, shortsighted and chronically unreliable.

Neither country’s caricature of the other is entirely wrong, and it makes for a relationship that is less in need of diplomacy than couples therapy, which customarily starts by trying to see things from the other point of view. While the Pakistanis have hardly been innocent, they have a point when they say America has not been the easiest of partners.
One good place to mark the beginning of this very, very bad year in U.S.-Pakistani relations is Dec. 13, 2010, when Richard C. Holbrooke died of a torn aorta. Holbrooke, the veteran of the Balkan peace, had for two years held the thankless, newly invented role of the administration’s special representative for Afghanistan and Pakistan. The antithesis of mellow, Holbrooke did not hit it off with our no-drama president, and his bluster didn’t always play well in Kabul or Islamabad either.

But Holbrooke paid aggressive attention to Pakistan. While he was characteristically blunt about the divergent U.S. and Pakistani views, he understood that they were a result of different, calculated national interests, not malevolence or mere orneriness. He was convinced that the outlooks could be, if not exactly synchronized, made more compatible. He made a concentrated effort to persuade the Pakistanis that this time the United States would not be a fair-weather friend.

“You need a Holbrooke,” says Maleeha Lodhi, a well-connected former ambassador to Washington. “Not necessarily the person but the role.” In the absence of full-on engagement, she says, “it’s become a very accident-prone relationship.”

On Jan. 27, a trigger-happy C.I.A. contractor named Raymond Davis was stuck in Lahore traffic and shot dead two motorcyclists who approached him. A backup vehicle he summoned ran over and killed a bystander. The U.S. spent heavily from its meager stock of good will to persuade the Pakistanis to set Davis free — pleading with a straight face that he was entitled to diplomatic immunity.

On May 2, a U.S. Navy Seals team caught Osama bin Laden in the military town Abbottabad and killed him. Before long, American officials were quoted questioning whether their Pakistani allies were just incompetent or actually complicit. (The Americans who deal with Pakistan believe that General Kayani and the director of the Inter-Services Intelligence agency, Gen. Ahmed Shuja Pasha, were genuinely surprised and embarrassed that Bin Laden was so close by, though the Americans fault the Pakistanis for not looking very hard.) In Pakistan, Kayani faced rumbles of insurrection for letting Americans violate Pakistani sovereignty; a defining victory for President Obama was a humiliation for Kayani and Pasha.

In September, members of the Haqqani clan (a criminal syndicate and jihadi cult that’s avowedly subservient to the Taliban leader Mullah Omar) marked the 10th anniversary of 9/11 with two theatrical attacks in Afghanistan. First a truck bomb injured 77 American soldiers in Wardak Province. Then militants rained rocket-propelled grenades on the U.S. Embassy in Kabul, forcing our ambassador to spend 20 hours locked down in a bunker.

A few days later the former Afghan president, Burhanuddin Rabbani, spread his arms to welcome an emissary from the Taliban to discuss the possibility of peace talks. As they embraced, the visitor detonated a bomb in his turban, killing himself, Rabbani and the talks. President Hamid Karzai of Afghanistan, without any evidence that American officials are aware of, accused Pakistan of masterminding the grotesque killing in order to scuttle peace talks it couldn’t control.

And two days after that, Adm. Mike Mullen, the outgoing chairman of the Joint Chiefs of Staff, took to Capitol Hill to suggest that Pakistani intelligence had blessed the truck bomb and embassy attack.

His testimony came as a particular shock, because if the turbulent affair between the United States and Pakistan had a solid center in recent years, it was the rapport between Mullen and his Pakistani counterpart, General Kayani. Over the four years from Kayani’s promotion as chief of the army staff until Mullen’s retirement in September, scarcely a month went by when the two didn’t meet. Mullen would often drop by Kayani’s home at the military enclave in Rawalpindi, arriving for dinner and staying into the early morning, discussing the pressures of command while the sullen-visaged general chain-smoked Dunhills. One time, Kayani took his American friend to the Himalayas for a flyby of the world’s second-highest peak, K2. On another occasion, Mullen hosted Kayani on the golf course at the Naval Academy. The two men seemed to have developed a genuine trust and respect for each other.

But Mullen’s faith in an underlying common purpose was rattled by the truck bombing and the embassy attack, both of which opened Mullen to the charge that his courtship of Kayani had been a failure. So — over the objection of the State Department — the admiral set out to demonstrate that he had no illusions.

The Haqqani network “acts as a veritable arm of Pakistan’s Inter-Services Intelligence agency,” he declared. “With ISI support, Haqqani operatives planned and conducted that truck-bomb attack as well as the assault on our embassy.”

Several officials with access to the intelligence told me that while the Haqqanis were implicated in both attacks, there was no evidence of direct ISI involvement. A Mullen aide said later that the admiral was referring to ISI’s ongoing sponsorship of the Haqqanis and did not mean to say Pakistan authorized those specific attacks.

No matter. In Pakistan, Mullen’s denunciation led to a ripple of alarm that U.S. military “hardliners” were contemplating an invasion. The press had hysterics. Kayani made a show of putting the Pakistani Army on alert. The Pakistani rupee fell in value.

In Washington, Mullen’s remarks captured — and fed — a vengeful mood and a rising sense of fatalism about Pakistan. Bruce O. Riedel, an influential former C.I.A. officer who led a 2009 policy review for President Obama on Pakistan and Afghanistan, captured the prevailing sentiment in an Op-Ed in The Times, in which he called for a new policy of “containment,” meaning “a more hostile relationship” toward the army and intelligence services.

“I can see how this gets worse,” Riedel told me. “And I can see how this gets catastrophically worse. . . . I don’t see how it gets a whole lot better.”
When Gen. David H. Petraeus took over the U.S. military’s Central Command in 2008, he commissioned expert briefing papers on his new domain, which sprawled from Egypt, across the Persian Gulf, to Central Asia. The paper on Afghanistan and Pakistan began, according to an American who has read it, roughly this way: “The United States has no vital national interests in Afghanistan. Our vital national interests are in Pakistan,” notably the security of those nuclear weapons and the infiltration by Al Qaeda. The paper then went on for the remaining pages to discuss Afghanistan. Pakistan hardly got a mention. 

“That’s typical,” my source said. Pakistan tends to be an afterthought.

The Pakistani version of modern history is one of American betrayal, going back at least to the Kennedy administration’s arming of Pakistan’s archrival, India, in the wake of its 1962 border war with China.

The most consequential feat of American opportunism came when we enlisted Pakistan to bedevil the Soviet occupiers of Afghanistan in the 1980s. The intelligence agencies of the U.S. and Pakistan — with help from Saudi Arabia — created the perfect thorn in the Soviet underbelly: young Muslim “freedom fighters,” schooled in jihad at Pakistani madrassas, laden with American surface-to-air missiles and led by charismatic warriors who set aside tribal rivalries to war against foreign occupation.

After the Soviets admitted defeat in 1989, the U.S. — mission accomplished! — pulled out, leaving Pakistan holding the bag: several million refugees, an Afghanistan torn by civil war and a population of jihadists who would find new targets for their American-supplied arms. In the ensuing struggle for control of Afghanistan, Pakistan eventually sided with the Taliban, who were dominated by the Pashtun tribe that populates the Pakistan-Afghanistan frontier. The rival Northern Alliance was run by Tajiks and Uzbeks and backed by India; and the one thing you can never underestimate is Pakistan’s obsession with bigger, richer, better-armed India.

As long as Pakistan was our partner in tormenting the Soviet Union, the U.S. winked at Pakistan’s nuclear-weapons program. After all, India was developing a nuclear arsenal, and it was inevitable that Pakistan would follow suit. But after the Soviets retreated, Pakistan was ostracized under a Congressional antiproliferation measure called the Pressler Amendment, stripped of military aid (some of it budgeted to bring Pakistani officers to the U.S. for exposure to American military values and discipline) and civilian assistance (most of it used to promote civil society and buy good will).

Our relationship with Pakistan sometimes seems like a case study in unintended consequences. The spawning of the mujahadeen is, of course, Exhibit A. The Pressler Amendment is Exhibit B. And Exhibit C might be America’s protectionist tariffs on Pakistan’s most important export, textiles. For years, experts, including a series of American ambassadors in Islamabad, have said that the single best thing the U.S. could do to pull Pakistan into the modern world is to ease trade barriers, as it has done with many other countries. Instead of sending foreign aid and hoping it trickles down, we could make it easier for Americans to buy Pakistani shirts, towels and denims, thus lifting an industry that is an incubator of the middle class and employs many women. Congress, answerable to domestic textile interests, has had none of it.

“Pakistan the afterthought” was the theme very late one night when I visited the home of Pakistan’s finance minister, Abdul Hafeez Shaikh. After showing me his impressive art collection, Shaikh flopped on a sofa and ran through the roll call of American infidelity. He worked his way, decade by decade, to the war on terror. Now, he said, Pakistan is tasked by the Americans with simultaneously helping to kill terrorists and — the newest twist — using its influence to bring them to the bargaining table. Congress, meanwhile, angry about terrorist sanctuaries, is squeezing off much of the financial aid that is supposed to be the lubricant in our alliance.

“Pakistan was the cold-war friend, the Soviet-Afghan-war friend, the terror-war friend,” the minister said. “As soon as the wars ended, so did the assistance. The sense of being discarded is so recent.”

A Boston University-educated economist who made his money in private equity investing — in other words, a cosmopolitan man — Shaikh seemed slightly abashed by his own bitterness.

“I’m not saying that this style of Pakistani thinking is analytically correct,” he said. “I’m just telling you how people feel.”

He waved an arm toward his dining room, where he hung a Warhol of Muhammad Ali. “We’re just supposed to be like Ali — take the beating for seven rounds from Foreman,” he said. “But this time the Pakistanis have wised up. We are playing the game, but we know you can’t take these people at their word.”
With a timetable that has the United States out of Afghanistan, or mostly out, by the end of 2014, Pakistan has leverage it did not have when the war began.

One day after 9/11, Richard Armitage, the deputy secretary of state, summoned the head of Pakistani intelligence for a talking to. “We are asking all of our friends: Do they stand with us or against us?” he said. The following day, Armitage handed over a list of seven demands, which included stopping Al Qaeda operations on the Pakistani border, giving American invaders access to Pakistani bases and airspace and breaking all ties with the Taliban regime.

The Pakistanis believed from the beginning that Afghanistan had “American quagmire” written all over it. Moreover, what America had in mind for Afghanistan was antithetical to Pakistan’s self-interest.

“The only time period between 1947 and the American invasion of Afghanistan that Pakistanis have felt secure about Afghanistan is during the Taliban period,” from 1996 to 2001, says Vali Nasr, an American scholar of the region who is listened to in both academia and government. Now the Bush administration would attempt to supplant the Taliban with a strong independent government in Kabul and a muscular military. “Everything about this vision is dangerous to Pakistan,” Nasr says.

Pakistan’s military ruler at the time, Pervez Musharraf, saw the folly of defying an American ultimatum. He quickly agreed to the American demands and delivered on many of them. In practice, though, the accommodation with the Taliban was never fully curtailed. 

Pakistan knew America’s mission in Afghanistan would end, and it spread its bets.
The Bush-Musharraf relationship, Vali Nasr says, “was sort of a Hollywood suspension of disbelief. Musharraf was a convenient person who created a myth that we subscribed to — basically that Pakistan was on the same page with us, it was an ally in the war on terror and it subscribed to our agenda for Afghanistan.”

But the longer the war in Afghanistan dragged on, the harder it was to sustain the illusion.
In October, I took the highway west from Islamabad to Peshawar, headquarters of the Pakistan Army corps responsible for the frontier with Afghanistan. Over tea and cookies, Lt. Gen. Asif Yasin Malik, the three-star who commanded the frontier (he retired this month) talked about how the Afghan war looked from his side of the border.

The official American version of the current situation in Afghanistan goes like this: By applying the counterinsurgency strategy that worked in Iraq and relying on a surge of troops and the increasingly sophisticated use of drones, the United States has been beating the insurgency into submission, while at the same time standing up an indigenous Afghan Army that could take over the mission. If only Pakistan would police its side of the border — where the bad guys find safe haven, fresh recruits and financing — we’d be on track for an exit in 2014.

The Pakistanis have a different narrative. First, a central government has never successfully ruled Afghanistan. Second, Karzai is an unreliable neighbor — a reputation that has not been dispelled by his recent, manic declarations of brotherhood. And third, they believe that despite substantial investment by the United States, the Afghan Army and the police are a long way from being ready to hold the country. In other words, America is preparing to leave behind an Afghanistan that looks like incipient chaos to Pakistan.

In Peshawar, General Malik talked with polite disdain about his neighbor to the west. His biggest fear — one I’m told Kayani stresses in every meeting with his American counterparts — is the capability of the Afghan National Security Forces, an army of 170,000 and another 135,000 police, responsible for preventing Afghanistan from disintegrating back into failed-state status. If the U.S. succeeds in creating such a potent fighting force, that makes Pakistanis nervous, because they see it (rightly) as potentially unfriendly and (probably wrongly) as a potential agent of Indian influence. The more likely and equally unsettling outcome, Pakistanis believe, is that the Afghan military — immature, fractious and dependent on the U.S. Treasury — will disintegrate into heavily armed tribal claques and bandit syndicates. And America, as always, will be gone when hell breaks loose.

General Malik studied on an exchange at Fort McNair, in Washington, D.C., and has visited 23 American states. He likes to think he is not clueless about how things work in our country.

“Come 2015, which senator would be ready to vote $9 billion, or $7 billion, to be spent on this army?” he asked. “Even $5 billion a year. O.K., maybe one year, maybe two years. 

But with the economy going downhill, how does the future afford this? Very challenging.”
American officials will tell you, not for attribution, that Malik’s concerns are quite reasonable.

So I asked the general if that was why his forces have not been more aggressive about mopping up terrorist sanctuaries along the border. Still hedging their bets? His answer was elaborate and not entirely facile.

First of all, the general pointed out that Pakistan has done some serious fighting in terrorist strongholds and shed a lot of blood. Over the past two years, Malik’s forces have been enlarged to 147,000 soldiers, mainly by relocating more than 50,000 from the Indian border. They have largely controlled militant activities in the Swat Valley, for example, which entailed two hard offensives with major casualties. But they have steadfastly declined to mount a major assault against North Waziristan — a mountainous region of terrorist Deadwoods populated by battle-toughened outlaws.

Yes, Malik said, North Waziristan is a terrible situation, but his forces are responsible for roughly 1,500 miles of border, they police an archipelago of rough towns in the so-called Federally Administered Tribal Areas, or FATA, and by the way, they had a devastating flood to handle last year.

“If you are not able to close the Mexican border, when you have the technology at your call, when there is no war,” he said, “how can you expect us to close our border, especially if you are not locking the doors on your side?”

Americans who know the area well concede that, for all our complaints, Pakistan doesn’t push harder in large part because it can’t. The Pakistan Army has been trained to patrol the Indian border, not to battle hardened insurgents. They have comparatively crude weaponry. When they go up against a ruthless outfit like the Haqqanis, they tend to get killed. Roughly 4,000 Pakistani troops have died in these border wars — more than the number of all the allied soldiers killed in Afghanistan.

“They’re obviously reluctant to go against the Haqqanis, but reluctant for a couple of reasons,” an American official told me. “Not just the reason that they see them as a potential proxy force if Afghanistan doesn’t go well, but also because they just literally lack the capability to take them on. They’ve got enough wars on their hands. They’ve not been able to consolidate their gains up in the northern part of the FATA, they have continued problems in other areas and they just can’t deal with another campaign, which is what North Waziristan would be.”

And there is another, fundamental problem, Malik said. There is simply no popular support for stepping up the fight in what is seen as America’s war. Ordinary Pakistanis feel they have paid a high price in collateral damage, between the civilian casualties from unmanned drone attacks and the blowback from terror groups within Pakistan.

“When you go into North Waziristan and carry out some major operation, there is going to be a terrorist backlash in the rest of the country,” Malik told me. “The political mood, or the public mood, is ‘no more operations.’ ”
In late October, Hillary Clinton arrived in Islamabad, leading a delegation that included Petraeus, recently confirmed as C.I.A. director, and Gen. Martin E. Dempsey, Mullen’s successor as chairman of the Joint Chiefs. Petraeus used to refer to Holbrooke as “my diplomatic wingman,” a bit of condescension he apparently intended as a tribute. This time, the security contingent served as diplomacy’s wingmen.

The trip was intended as a show of unity and resolve by an administration that has spoken with conflicting voices when it has focused on Pakistan at all. For more than four hours, the Americans and a potent lineup of Pakistani counterparts talked over a dinner table.
Perhaps the most revealing thing about the dinner was the guest list. The nine participants included Kayani and Pasha, but not President Zardari or Prime Minister Yousuf Raza Gilani, who provided the dining room at his own residence and made himself scarce. The only representative of the civilian government was Clinton’s counterpart, the new foreign minister, Hina Rabbani Khar, a 34-year-old rising star with the dark-haired beauty of a Bollywood leading lady, a degree in hospitality management from the University of Massachusetts and, most important, close ties to the Pakistani military.

For a country that cherishes civilian democracy, we have a surprising affinity for strong men in uniform. Based on my conversations with American officials across the government, the U.S. has developed a grudging respect for Kayani, whom they regard as astute, straightforward, respectful of the idea of democratic government but genuinely disgusted by the current regime’s thievery and ineptitude. (We know from the secret diplomatic cables disclosed by WikiLeaks that Kayani has confided to American officials his utter contempt for his president and “hinted that he might, however reluctantly, have to persuade President Zardari to resign.”) Zardari, whose principal claim to office is that he is the widower of the assassinated and virtually canonized Benazir Bhutto, has been mainly preoccupied with building up his patronage machine for elections in 2013. The Americans expect little from him and don’t see a likely savior among his would-be political challengers. 

(As this article goes to press, Zardari is recovering from chest pains in a hospital in Dubai; there are rumors he won’t return.) 

So, Kayani it is. The official American consensus is less enamored of Kayani’s loyal intelligence underling, General Pasha, whose agency consorts with terrorists and is suspected of torturing and killing troublemakers, including journalists, but Pasha is too powerful to ignore.

The day after the marathon dinner, Clinton’s entourage took over the Serena Hotel for a festival of public diplomacy — a press conference with the foreign minister, followed by a town meeting with young Pakistanis and then a hardball round-table interview with a circle of top editors and anchors.

Clinton’s visit was generally portrayed, not least in the Pakistani press, as a familiar ritual of America talking tough to Pakistan. In the town meeting, a woman asked why America always played the role of bossy mother-in-law, and that theme delighted editorial cartoonists for days.

But the private message to the Pakistanis — and a more careful reading of Clinton’s public performance — reflected a serious effort to reboot a troubled relationship. Clinton took care to pay tribute to Pakistani losses in the war against terror in the past decade — in addition to the military, an estimated 30,000 civilian dead, the equivalent of a 9/11 every year. She ruled out sending American ground troops into Pakistani territory. She endorsed a Pakistani plea that U.S. forces in Afghanistan do a better job of cleaning up militant sanctuaries on their own side of the border.

Questioned by a prominent television anchor, she repudiated Mullen’s testimony, not only disavowing any evidence of ISI complicity in the attack on America’s embassy in Kabul but also soft-peddling the spy agency’s coziness with terrorists.

“Now, every intelligence agency has contacts with unsavory characters,” she said. “I don’t think you would get any denial from either the ISI or the C.I.A. that people in their respective organizations have contacts with members of groups that have different agendas than the governments’. But that doesn’t mean that they are being directed or being approved or otherwise given a seal of approval.”

That particular riff may have caused jaws to clench at the C.I.A. compound in Langley, Va. The truth is, according to half a dozen senior officials with access to the intelligence, the evidence of Pakistan’s affinity for terrorists is often circumstantial and ambiguous, a matter of intercepted conversations in coded language, and their dealings are thought to be more pragmatic than ideological, more a matter of tolerating than directing, but the relationship goes way beyond “contacts with unsavory characters.”

“They’re facilitating,” one official told me. “They provide information to the Haqqanis, they let them cross back and forth across the border, they let this L.E.T. guy (the leader of the dangerous Lashkar-e-Taiba faction of Kashmiri terrorists) be in prison and not be in prison at the same time.”

And yet the Pakistanis have been helpful — Abbottabad aside — against Al Qaeda, which is America’s first priority and which the Pakistanis recognize as a menace to everyone. They have shared intelligence, provided access to interrogations and coordinated operations. Before the fatal border mishap Thanksgiving weekend, one U.S. official told me, anti-terror cooperation between the C.I.A. and Pakistani intelligence had been “very much on the upswing.”
The most striking aspect of Clinton’s trip, however, was her enthusiastic embrace of what is now called “reconciliation” — which is the polite word for negotiating with the Taliban.
Pakistan has long argued that the way to keep Afghanistan from coming to grief is to cut a deal with at least some of the Taliban. That would also mean Afghanistan could get by with a smaller, cheaper army. The notion has been anathema to the Americans tasked with killing Taliban; a principled stand against negotiating with terrorists is also a political meme that acquires particular potency in election seasons, as viewers of the Republican debates can attest.

Almost unnoticed, though, reconciliation has moved to a central place in America’s strategy and has become the principal assignment for U.S. officials in the region. Clinton first signaled this in a speech to the Asia Society last February, when she refocused Afghanistan strategy on its original purpose, isolating the terrorists at war with America, meaning Al Qaeda.

The speech was buried beneath other news at the time, but in early October, Tom Donilon, Obama’s national security adviser, met Kayani in Abu Dhabi to stress to skeptical Pakistani leaders that she was serious. Clinton’s visit to Islamabad with her generals in tow was designed to put the full weight of the U.S. behind it.

Clinton publicly acknowledged that the ISI (in fact, it was General Pasha in person) had already brokered a preliminary meeting between a top American diplomat and a member of the Haqqani clan. Nothing much came of the meeting, news of which promptly leaked, but Clinton said America was willing to sit down with the Taliban. She said that what had once been preconditions for negotiations — renouncing violence, shunning Al Qaeda and accepting Afghanistan’s constitution, including freedoms for women — were now “goals.”

In diplomacy, no process is fully initiated until it has been named. A meeting of Pakistani political parties in Islamabad had adopted a rubric for peace talks with the Taliban, a slogan the Pakistanis repeated at every opportunity: “Give peace a chance.” If having this project boiled down to a John Lennon lyric diminished the gravitas of the occasion, Clinton didn’t let on.
Within the American policy conglomerate, not everyone is terribly upbeat about the prospect of reconciling with the Taliban. The Taliban have so far publicly rejected talks, and the turban-bomb killing of Rabbani was a serious reversal. There is still some suspicion — encouraged by Afghanistan and India — about Pakistan’s real agenda. One theory is that Pakistan secretly wants the Taliban restored to power in Afghanistan, believing the Pashtun Islamists would be more susceptible to Pakistani influence. A more cynical theory, which I heard quite a bit in New Delhi, is that the Pakistani Army actually wants chaos on its various borders to justify its large payroll. Most Americans I met who are immersed in this problem put little stock in either of those notions. The Pakistanis may not be the most trustworthy partners in Asia, but they aren’t idiots. They know, at least at the senior levels, that a resurgent Taliban means not just perpetual mayhem on the border but also an emboldening of indigenous jihadists whose aim is nothing less than a takeover of nuclear Pakistan. But agreeing on the principle of a “stable Afghanistan” is easier than defining it, or getting there.

After Clinton left Islamabad, a senior Pakistani intelligence official I wanted to meet arrived for breakfast with me and a colleague at Islamabad’s finest hotel. With a genial air of command, he ordered eggs Benedict for the table, declined my request to turn on a tape recorder, (“Just keep my name out of it,” he instructed later) and settled into an hour of polished spin.

“The Taliban learned its lesson in the madrassas and applied them ruthlessly,” he said, as the Hollandaise congealed. “Now the older ones have seen 10 years of war, and reconciliation is possible. Their outlook has been tempered by reason and contact with the modern world. They have relatives and friends in Kabul. They have money from the opium trade. They watch satellite TV. They are on the Internet.”

On the other hand, he continued, “if you kill off the midtier Taliban, the ones who are going to replace them — and there are many waiting in line, sadly — are younger, more aggressive and eager to prove themselves.”

So what would it take to bring the Taliban into a settlement? First, he said, stop killing them. Second, an end to foreign military presence, the one thing that always mobilizes the occupied in that part of the world. Third, an Afghan constitution framed to give more local autonomy, so that Pashtun regions could be run by Pashtuns.

On the face of it, as my breakfast companion surely knows, those sound like three nonstarters, and taken together they sound rather like surrender. Even Clinton is not calling for a break in hostilities, which the Americans see as the way to drive the Taliban to the bargaining table. As for foreign presence, both the Americans and the Afghans expect some long-term residual force to stay in Afghanistan, to backstop the Afghan Army and carry out drone attacks against Al Qaeda. And while it is not hard to imagine a decentralized Afghanistan — in which Islamic traditionalists hold sway in the rural areas but cede the urban areas, where modern notions like educating girls have already made considerable headway — that would be hard for Americans to swallow.

Clinton herself sounded pretty categorical on that last point when she told Pakistani interviewers: “I cannot in good faith participate in any process that I think would lead the women of Afghanistan back to the dark ages. I will not participate in that.”

To questions of how these seemingly insurmountable differences might be surmounted, Marc Grossman, who replaced Holbrooke as Clinton’s special representative, replies simply: “I don’t know whether these people are reconcilable or not. But the job we’ve been given is to find out.”
If you look at reconciliation as a route to peace, it requires a huge leap of faith. Surely the Taliban have marked our withdrawal date on their calendars. The idea that they are so deeply weary of war — – let alone watching YouTube and yearning to join the world they see on their laptops — feels like wishful thinking.

But if you look at reconciliation as a step in couples therapy — a shared project in managing a highly problematic, ultimately critical relationship — it makes more sense. It gives Pakistan something it craves: a seat at the table where the future of Afghanistan is plotted. It gets Pakistan and Afghanistan talking to each other. It offers a supporting role to other players in the region — notably Turkey, which has taken on a more active part as an Islamic peace broker. It could drain some of the acrimony and paranoia from the U.S.-Pakistan rhetoric.

It might not save Afghanistan, but it could be a helpful start to saving Pakistan.
What Clinton and company are seeking is a course of patient commitment that America, frankly, is not usually so good at. The relationship has given off some glimmers of hope — with U.S. encouragement, Pakistan and India have agreed to normalize trade relations; the ISI has given American interrogators access to Osama bin Laden’s wives — but the funerals of those Pakistani troops last month remind us that the country is still a graveyard of optimism.

At least the U.S. seems, for now, to be paying attention to the right problem.
“If you stand back,” said one American who is in the thick of the American strategy-making, “and say, by the year 2020, you’ve got two countries — 30 million people in this country, 200 million people with nuclear weapons in this country, American troops in neither. Which matters? It’s not Afghanistan.”

Bill Keller, a former executive editor of The Times, writes a column for the Op-Ed page.
Editor: Greg Veis

----------

Tuesday, December 13, 2011

Getting past our colonial past - By C. Raja Mohan, The Indian Express, Mumbai | Comments by Ghulam Muhammed

 
Comments posted on Indian Express website over C. Raja Mohan article: Getting past our colonial past:
It is regrettable that a seasoned Journalist sometime has to follow the editorial time-line and guideline without proper application of mind as to why India should celebrate British colonial government on India, when India is no longer the slave country that British Crown had treated it all along in their 200 year interruption of Indian history.

An article in THE HINDU celebrates Gate of India, Bombay with which 3 prominent names are mentioned. Viceroy Earl of Reading, Governor Sydenham and donor David Sasson --- all Jews that even in the last century were ruling India in the name of British Crown.

Isn't it time for aware Journalists to warn Indian people about the dangers of British Jewry once again poised to take over India, in one shape or another. This is a time to learn from history of colonial serfdom and let people aware of International conspiracies against India rather than lament the neglect of  our colonial past.

Ghulam Muhammed, Mumbai

---------------



Getting past our colonial past


India’s ambivalence about celebrating the founding of its capital, New Delhi, by the British Raj a hundred years ago today underlines the pathetic hypocrisy of our political class, which feeds off the empire’s legacy but is unwilling to acknowledge it.
Consider in contrast the Chinese Communist Party, which by nature, is hostile to inconvenient history. Yet, the CCP is more comfortable coping with its colonial past than the Indian National Congress that runs the Central and state governments in Delhi today.

If you ever visit Shanghai, do step into the basement of Pudong’s Pearl Tower, which hosts the city’s Municipal History Museum. It covers the period between 1843, when the Shanghai port was opened and 1949, when the Communist Revolution triumphed. This is precisely the era that the CCP routinely denounces as the “century of humiliation” for China at the hands of imperial powers.

But the CCP has no hesitation in recognising the emergence of modern Shanghai in this period and recalling it. One section of the municipal history museum recreates the vibrant atmosphere of colonial Shanghai’s streets and markets. Visiting the Pearl Tower a few years ago, I could not but marvel at the decision to put a a life-size sculpture of a Chinese man pulling a rickshaw with a white memsahib in it. In another corner, Rabindranath Tagore is in conversation with the great Chinese poet Lu Xun in a coffee shop.

The British Raj is part of our history and modern India can’t simply disown it. Unlike the petty posturing of Delhi’s current rulers, the founding fathers of the Republic were more pragmatic in dealing with the legacy of the Raj. Recall Prime Minister Jawaharlal Nehru’s decision to join the British Commonwealth immediately after winning independence from the Crown.

Even as they deny the imperial legacy, modern India’s rulers rely on institutions that can’t shake off the DNA of the British Raj. All the essential security structures of modern India — the armed forces, the police, the general administrative services, and the diplomatic corps — can trace their roots to the East India Company that made Calcutta the first capital of British India.

The history of our Foreign Office, for example, dates back to 1783, when the Secret and Political Department was formed by the East India Company to deal with the sensitive political communication with the various kingdoms within the subcontinent and on its periphery. The Secret and Political Department was run by the “Persian secretary” (all inter-state communications in the subcontinent were then in Persian), the oldest predecessor to the current “foreign secretary”.

Beyond the institutions, the influence of the Raj endures in the nature of India’s foreign and security policies. Our political discourse pretends that India’s foreign policy was divined on August 15, 1947 and refuses to acknowledge the pre-Independence sources of our contemporary external engagement.

The geographic imperative is by far the most enduring influence on the foreign policy of a nation. And modern India’s political geography is indeed a legacy of the Raj. India’s territoriality, constructed under the Raj and partitioned as the imperial power left, remain powerful influences on modern India’s world-view.
While imperial London was surely an important driver of Indian foreign policy under the Raj, so were the security and political imperatives that were rooted solely in the subcontinent’s location. The Raj was indeed part of the British empire, but the evolution of its foreign policy was not always dictated by London.

It is politically incorrect for the foreign policy establishment to acknowledge that many of its current mantras were invented by the British Raj. But our smaller neighbours in the subcontinent, and China, have no problem seeing through this. Consider for example, India’s insistence that outside powers should not interfere in the internal and inter-national affairs of South Asia. That is an undiluted inheritance from the Raj, which declared an exclusive sphere of influence around the subcontinent and strove hard to prevent the other colonial powers from encroaching on its space.
Equally enduring has been the notion in Delhi that India’s security interests are not confined to its borders but extend from “the Suez to the South China Sea”. Independent India did not have the power of the Raj to enforce this doctrine, but never gave up the objective.

A third legacy of the Raj has been independent India’s vigorous contribution to international peacekeeping under the flag of the United Nations. This is rooted in the “military surplus” that the Raj had created in the subcontinent. Despite the many persistent military conflicts that Delhi had to endure — especially with Beijing and Islamabad — independent India had enough military resources to spare for collective security ventures at the global level.

A rising India will find that her emerging foreign policy priorities are not entirely different from those of the Raj, when King George V announced the shifting of the imperial capital at the Delhi Durbar held on December 12, 1911. These include securing access to raw materials outside the subcontinent, promoting free trade and opening markets, pacifying India’s periphery, limiting the role of hostile greater powers in our extended neighbourhood, offering protection to small states, use of force beyond borders to maintain regional peace and guarding the sea lines of communication in the Indian Ocean.

Modern India can achieve these tasks only if it recalls the legacy of the Raj, accepts it as an integral part of our history, and above all, is willing to learn from it.


The writer is a senior fellow at the Centre for Policy Research, Delhi





Sunday, December 11, 2011

So the buck stops at Islam? BY ARJIMAND HUSSAIN TALIB - greaterkashmir.com

http://www.greaterkashmir.com/news/2011/Dec/11/so-the-buck-stops-at-islam--3.asp

So the buck stops at Islam?

That is what the Vatican, Occupy Movement and others seem to say

DATELINE SRINAGAR

BY ARJIMAND HUSSAIN TALIB


Capitalism is in deep crisis today, far graver than what the mainstream media makes us to understand. The ongoing debt crises in the US and Europe have proved a lot of books and theories on economics worth trash.

A lot will be rewritten in the days to come.

The Occupy Wall Street movement makes us to appreciate the situation even further. Its followers – who claim to be world’s 90 per cent – are saying a categorical “no” to the credit card culture and consumerist growth philosophy. They also want more and better jobs, redistribution of wealth, reform of the credit and interest-based banking system. A lot of Occupy voices are angry about financial markets, saying “only insiders, brokers and its rich players get rich from there.”

America and Europe’s sovereign debt crises and the messages that came out from the European summit at Brussels on Friday have some chilling messages.

Use of beautiful and dignified jargon even in a difficult situation like this is a peculiar characteristic of the European cultures. But, let us admit, at the core of all, three learnings are unmistakable: living beyond one’s means has been a great folly. Excessive and imprudent credit over a long period and speculation has been even worse. And the worst? Interest-based loans, with no legitimate means to repay and a flawed approach to growth.
Guardian’s well-known columnist Timothy Garton Ash summed up the summit like this: There are still huge uncertainties on this continental journey into the unknown!

Tim also quoted a friend describing Euro zone’s agreement on a fiscal union: with the euro area's arteries clogged and its heart on the brink of failure, the European Central Bank (ECB) has said it is not qualified to perform bypass surgery, while the member states have pledged to go on a starvation diet. 

But isn’t all this somewhat similar to what the Quran actually says?

For centuries, Islam’s idea of finance hasn’t received due attention in the mainstream. It is not that Islamic finance was less convincing; the point is that the capitalist financial system was never in a pathetically grave situation as it is today. The world today is desperately looking for alternatives.

As this crisis lingered on, Vatican’s newspaper Osservatore Romano shocked many around the world when in 2009 it wrote that banks “should look at the rules of Islamic finance to restore confidence amongst their clients at a time of global economic crisis.” The ethical principles on which Islamic finance is based may bring banks closer to their clients and to the true spirit which should mark every financial service, the Osservatore Romano said.

A large number of people have misgivings about the practicality of Islam’s financial system. 

Even Muslims and Muslim countries themselves haven’t embraced this idea fully.

With its assets of nearly $1 trillion globally, Islamic finance remains tiny compared to conventional finance with its tens of trillions of dollars. The market in Islamic bonds, or sukuk, is believed to total about $50 billion, roughly one per cent of global bond issuance.

But things are changing. London and France have already opened legal doors for Islamic banking. More than 20 banks in Britain now offer Islamic finance products and there are five fully Islamic banks in the country. There are some 55 professional institutions offering education in Islamic finance in Britain today.

Deutsche Bank, a global giant, recently estimated that Islamic finance would almost double to $1.8 trillion in assets by 2016, as companies seek alternative financing methods.

A Reuter’s special report on Islamic finance in November said some big western banks, facing tough conditions in the funding markets, are also turning to sukuk. HSBC issued a $500 million sukuk in May and Goldman Sachs announced a $2 billion sukuk programme in October.

Further, Senegal is expected to hold investor meetings soon to issue its first sovereign sukuk, while Nigeria said in June that it planned to issue a debut sovereign sukuk next year.

But there are challenges too. It will take a long time and effort to integrate Islamic financial principles, and make them work, with the deeply entrenched and complex conventional system.

Today a large number of world’s people are convinced that capitalism has failed to deliver. They are looking for alternatives. It will take extraordinary efforts to make people know how Islam’s philosophy of finance is universal and intrinsically just.
 
The columnist is presently an advisor international development, and based overseas

Thursday, December 8, 2011

India, an Evolving Idea By Manu Joseph - The New York Times

TIMES LITERARY CARNIVAL - AT MEHBOOB STUDIO, BANDRA WEST, MUMBAI

Manu Joseph in his following Letter from India published by The New York Times, missed a very important discussion point on 'Idea of India' during the panel debate. Why the idea of India should be discussed at all. It shows the insecurity and lack of confidence by the intellectuals that they have to discuss the subject, as if they are discussing the changing weather.Dasgupta, a Bongo, had to bring in Bengal to claim that though everybody is under the impression that the phrase was coined by Sunil Khilnani who wrote a volumunous book with the title: Idea of India, the word was used originally by Bengal's tallest philosopher and scholar, Rabindranath Tagore. It was left to a Bandra-based interlocutor from the audience to correct him, that originally it was Lord Macaulay who used the term 'Idea of India' that he proceeded to formulate and impose on the colony-- with quite an great amount of success by Colonial standards. Some would say, that it is the Macaulay's doing that India is lost and that it is still debating what is the Idea of India.The debate cannot be completed in a sense, as India is still a truncated state and by excluding its extended boundaries and people that are Indians by origin, an imposed idea of India to conform to some transient authority, formal or intellectual or ideological cannot be given the stamp of finality.

Manu Joseph further left out the account of a very heated debate between Dasgupta and MJ Akbar on the subject of Pakistan and Muslims. Swapan Dasgupta, always carrying the communal baggage on his shoulder, did not miss the chance to needle MJ Akbar on Jinnah and Pakistan. Akbar gave a very detailed account of how Muslim politics had developed in the subcontinent and how the Indian Muslims have been reduced to a 'Minority'. In strict terms of the word, they were always a minority, even when they ruled the entire subcontinent; just like the Brahmin minority that is now ruling. It is the loss of empowerment that has now projected Indian Muslims as a minority. And that can change. A more authentic and durable idea of India will have to wait till then.
 

Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>

---
 

http://www.nytimes.com/2011/12/08/world/asia/08iht-letter08.html?_r=1&emc=tnt&tntemail1=y

New York Times .
Letter from India

India, an Evolving Idea

By MANU JOSEPH
Published: December 7, 2011
MUMBAI — When people in Delhi stand holding their drinks and talk, it would appear that they have solutions to all of India’s problems, and sometimes the problems of the United States, Pakistan and Afghanistan as well. And when people in Mumbai stand holding their drinks, an old complaint in Delhi goes, their banter is frivolous, politically naïve and unfit to be published in the editorial pages of any newspaper.


So it was not surprising that a public debate in Mumbai on the grave subject “The Idea of India” would feature speakers from elsewhere, including Delhi, of course. And that such a debate would have the quality of a rare spectacle in Mumbai, as if it were a road accident. Nearly 500 people turned out Sunday for the event, part of The Times of India’s inaugural “Literary Carnival.”

On stage were M.J. Akbar and Swapan Dasgupta, two leading journalists; Jerry Rao, an entrepreneur and popular commentator; and Patrick French, the British historian, biographer of V.S. Naipaul and author of “India: A Portrait.”

In no time, the panelists were defending the fact that they were discussing “The Idea of India” in an alleged foreign language, English. Mr. French tried not to smile.

“Does it create a divide?” Mr. Rao asked about the fact that public discourse in India is largely conducted in English. “If I include a Wodehousian joke in my writing, am I alienated” from Indian realities? “No,” he said, because Indians are accustomed to English as the dominant medium of explanation.

“India is ruled in English,” Mr. Akbar said, “but we laugh and cry in Hindi, Tamil and other languages.” That is why, he said, while the English-language news media constitute the national mainstream, the country does not have a single television soap opera in English, 
“because the mother-in-law does not speak in English.”

“But we do speak English better than the English,” Mr. Akbar later said, pointing to Mr. French, who looked amused and achieved an ambiguous smile.

Mr. Dasgupta, the moderator, asked if the idea of India was defined by people in Delhi. It is the sort of question that always warms the hearts of Indians who are not from North India, especially people in Mumbai and South Indians like Mr. Rao, who said, “‘Delhi’ is an adjective used to mean India from the point of view of North India.”
South Indians have been historically saddled with what North Indians think are matters of national importance. As Mr. Rao noted, people in the South are far less obsessed with Pakistan, Kashmir or India’s role in Afghanistan. But then there are also benefits in being far from Delhi. As Mr. French said, South Indians “have been able to get on with their lives. They are not caught up in North Indian politics.”

A complex Indian emotion that surfaced in the debate is fear of the foreigner, which sometimes masquerades as righteous rage against the white man, his swagger and his corporations. That fear has been manipulated at various points in India’s history by politicians, businessmen, nationalists afflicted by a sense of inferiority and socialist eggheads, who together ensured that India would open its economy to the world very late in its life and continue to impede further reforms.

It is a complex fear, because the average Indian is not sure whether he is afraid anymore, even though a certain type of politician and intellectual tells him he should be. The fear is topical, as the Indian government’s move to allow in foreign retailers has created such a political storm that the decision has been put on hold. The anti-corruption champion Anna Hazare, who is among those ancient ideologues of whom India has so many thanks to medical advancements, has even invoked the ghost of the East India Company, which colonized India once upon a time.

None of the speakers had any doubt that the arrival of foreign retail chains would benefit Indians through competition and job creation, and that the fear of foreign corporations was a comically anachronistic sentiment. Mr. French said, with a straight face, referring to the Tata Group, “I come from a country where the largest industrial employer is an Indian company.”

It appears that the foreigner Indians are least worried about now is the Pakistani. And it was somehow inevitable that the speakers would explain The Idea of India through The Idea of Pakistan.
Always the opportunistic reporter, Mr. Akbar found a way to connect the topic of debate with the day’s top story — the death of the Hindi film star Dev Anand, who had migrated from Pakistan to India in the early 1940s.

“He took the decision of choosing the idea of India over the emerging idea of Pakistan,” Mr. Akbar said.

At the time of Mr. Anand’s arrival, the idea of India was that it would be a secular state, at least in theory, and the idea of Pakistan was that it would have an Islamic identity. Both these ideas were forced on the people of the two nations by the men who created them.

In the world and time that Mr. Anand left, both nations have survived because, Mr. Akbar said, “The idea of India is stronger than the Indian, and the idea of Pakistan is weaker than the Pakistani.”

When the discussion came to an end, neither the speakers nor the audience claimed to understand exactly what the idea of India is. But everybody agreed that, whatever it is, it is a good idea.

Manu Joseph is editor of the Indian newsweekly Open and author of the novel “Serious Men.”

Tuesday, December 6, 2011

http://www.mumbaimirror.com/article/2/20111207201112070219058622420d0a5/The-ones-that-got-away.html





The ones that got away

No one was punished for the riots in Mumbai that followed Babri Masjid's demolition, 19 years ago. We look at three cases

 
 
Jyoti Punwani


Posted On Wednesday, December 07, 2011 at 02:18:29 AM


No one was punished for the demolition of the Babri Masjid. The men behind it adorn Parliament and are treated as elder statesmen.

No one was punished for the riots in Mumbai that followed the demolition. Those indicted for it have risen in life. The findings of a sitting High Court judge, the Justice B N Srikrishna Commission of Inquiry, have been overturned by policemen. A few victims and lawyers continue to try to get the guilty punished.

A petition to implement the Srikrishna Commission Report, filed in 1998, soon after the report was tabled and rejected by the then Shiv Sena-BJP government, is still being heard in the Supreme Court. The last hearing was in 2008.

The few measures taken to punish the guilty of 1992-93 were due to the Supreme Court and a pro-active Chief Justice A S Anand. In 2000, the newly-elected Congress-NCP government set up a Special Task Force (STF) on the instructions of the Supreme Court, to look into all offences mentioned in the report.

The STF filed criminal cases against a large number of policemen and alleged rioters, going far beyond the recommendations of the Srikrishna Commission. Not one resulted in conviction – the STF filed cases with no evidence to back them – and put up half-hearted prosecutions in court.

In 2007, harsh sentences were handed down to the accused in the March 12, 1993 bomb blasts cases. Angry Muslims pointed out that no one had been punished for the riots that were the cause of the blasts. The Congress-NCP government then set up two Special Magistrates' Courts to try riot cases. These were wound up in six months, after hearing 83 cases and handing down convictions in six.

The convicted included Sena leader Madhukar Sarpotdar.

A look at three landmark cases.


Suleman Usman Bakery and R D Tyagi: The big fish got away

In 2001, former Police Commissioner R D Tyagi and 17 other policemen were charged by the STF under Section 302 of the Indian Penal Code (murder), for the raid against Suleman Usman Bakery that left eight innocents dead, after then Chief Justice of India A S Anand specifically asked what action had been taken against Tyagi.

The case generated huge excitement; the legendary P R Vakil was appointed the government's special public prosecutor. The then home minister Chhagan Bhujbal didn't want Tyagi's anticipatory bail application opposed.

However, public pressure forced Bhujbal to change these instructions. Vakil's powerful arguments convinced Justice S S Parkar that a prima facie case of murder had been made out, and anticipatory bail was rejected. However, the former CP checked into hospital the moment he knew he was to be arrested, checking out only when he finally got bail, granted only because it had already been granted to his co-accused.

None of the murder accused spent a moment in custody; nor did they have to face trial. Tyagi and nine co-accused policemen were discharged in 2003 by Sessions Court Judge P V Bavkar, who said Tyagi had simply done his duty by ordering the raid; he was not responsible for the killing that took place inside the bakery and adjoining madarsa.

Only the eight policemen who actually fired during the raid were ordered to face trial. The STF didn't inform special public prosecutor P R Vakil about the discharge application; its routine PP contested the discharge plea. The government didn't appeal against the discharge.

Maulana Noor ul Huda, who had been injured during the raid, appealed all the way to the Supreme Court, which upheld the discharge this year. The trial of the eight policemen who were not discharged has yet to begin; the incident is now 19 years old.


The Hari Masjid firing Nikhil Kapse – Charmed life

Police firing at Wadala's Hari Masjid left six persons dead, four of them inside the masjid. Amnesty International and the Srikrishna Commission held PSI Nikhil Kapse responsible for unjustified firing, inhuman conduct and fabricating records. But the STF exonerated him without even speaking to those who had been injured.

In December 2008, the Bombay High Court, approached by Farooq Mapkar (one of the injured), ordered a reluctant CBI to take over the investigation, saying the case "affects the very soul of India".

The CBI filed a case of murder against Kapse in February 2009, but never arrested him. By then, Kapse had been promoted to Inspector. The State government rushed to the Supreme Court to save Kapse; but the Court refused to interfere, and gave the CBI six months to finish investigations.

Last week, the CBI filed a report in court; a year after its deadline had lapsed, asking that the case be closed due to lack of evidence. Though it spoke to those who had deposed before the Commission, the CBI refused to believe them, because they had been accused by Kapse of rioting.

Justice Srikrishna found this accusation "wholly unbelievable"; so did the Sessions Court which acquitted them in 2006. The CBI found two "neutral" witnesses, but chose to believe only one of them, who contradicted the victims' version. The testimony of the second, which went against Kapse, was ignored. The CBI also claimed it could not access crucial documents of the concerned police station – documents that had been produced before the Srikrishna Commission.

If the court accepts the CBI plea, Mapkar plans to appeal – another long and lonely fight ahead.


The Sarpotdar case Convicted but free

Former Sena MLA and MP Madhukar Sarpotdar was the only high-profile Sena leader to be convicted for the 1992-93 riots, 15 years after the offence. The case under Section 153 A of the Indian Penal Code (promoting communal enmity), that had been lingering in various courts since 1993, concerned a Shiv Sena procession in December 1992 led by Sarpotdar, during which inflammatory placards were displayed and provocative slogans and speeches made.

Special Sessions Court Magistrate R C Bapat Sarkar found enough evidence in the documents produced by the Prosecution to conclude that Sarpotdar, Ashok Shinde and Jaywant Parab had in fact made speeches "aimed at kindling the Hindu populace into an aggressive stance", and sentenced them to a year's imprisonment and a fine of Rs 5,000. The three were released on bail immediately, and filed an appeal against their conviction.

The Congress-NCP government announced it would appeal for a harsher sentence and appoint a special public prosecutor. Neither promise was kept. The appeal against the conviction has since passed through three courts with no hearing ever taking place.

Sarpotdar passed away 18 months after his conviction.