In order to ‘thoroughly’ probe the statement made by Sarfaraz Merchant, a UK-based Pakistani businessman and co-accused in money laundering case, regarding MQM’s alleged links with Indian intelligence agency RAW, the interior minister Chaudhry Nisar Ali officially announced setting up a FIA committee last week. Now this committee will formally ‘view various legal and incidental aspects’ of Safaraz Merchant’s statement to raise this issue with the British government. However, the minister refused to form a judicial commission over this issue on the pretext of non-availability of ‘sufficient documentary evidence’
The initiation of an inquiry into this matter by FIA, is a positive development in the sense that the government of Pakistan has eventually broken its mysterious silence over the issue of alleged MQM-RAW nexus in the country. Regrettably, at the same time, the current response made by the government is utterly incompatible with the sensitivity and gravity of the issue. Obviously a befitting government response was being expected as the matter necessarily involves the national security and territorial integrity of the state.
The FIA committee constituted by the interior ministry has formally started probing the allegations made by Sarfaraz Merchant against MQM and its leadership. However, owing to certain obvious reasons, this FIA committee is very unlikely to efficiently accomplish the entrusted task. In fact, the scope of current FIA probe is essentially narrow and limited as it primarily revolves around Sarafraz Merchant’s money laundering statement. Therefore, the current FIA probe will have no significant legal relevance beyond the Sarfaraz Merchant case. It will hardly determine the crucial question of alleged MQM-RAW nexus conclusively.
Presently, the independence and impartiality of the FIA committee are being seriously doubted by various MQM leaders. It will certainly undermine the credibility of this probe in some way. The institutional capacity of the FIA is apparently impaired to resolve such a high-profile case involving some complex and sensitive questions. Despite probing the Axact and Ayan Ali scandals for a long time, the FIA hasn’t properly concluded these cases so far. Now how can the FIA be relied upon to successfully handle the MQM case? Therefore, federal government’s knee-jerk reaction to current political developments to deliberately dilute the MQM-RAW controversies in the country is simply deplorable.
Undoubtedly, the current allegations regarding MQM-RAW secret ties are of a serious and sensitive nature. They necessarily involve the political future of a major political party of urban Sindh. Beside this, these allegations would also have an impact on Pakistan’s bilateral relations with its most important neighbouring state. Therefore, it is quite advisable to get these allegations properly probed by an independent, competent and efficient legal body. Under the circumstances, the formation of a judicial inquiry commission, comprising the judges of apex court, to ascertain the truth or otherwise of the current allegations against MQM, would be both expedient and appropriate.
Since the Supreme Court of Pakistan has heard the Karachi law and order implementation case, therefore the judges of the apex court would already be well conversant with the basic dimensions of this issue.
Under Pakistan Commission of Inquiry Act, 1956, the federal government can constitute an inquiry commission to probe any definite matter of public importance. Therefore, the federal government should carefully frame the terms of reference (TOR’s) for the proposed inquiry commission to precisely probe the anti-state allegations against MQM. At the same time, it can also set a time frame to ensure the speedy and early conclusion of the inquiry proceedings. Similarly, the report of such inquiry commission can also be made public by the government to end controversies associated with this issue once and for all. In view of its utmost credibility and authenticity, the findings of the proposed inquiry commission would not be easily ignored or refuted by anyone. This inquiry commission would also be able to record the statements, and subsequently cross-examine, all such persons who have leveled similar allegations against MQM and its leadership at various times in the past.
In Pakistan, many inquiry commissions have been formed on various important public issues on a number of occasions. However, on account of multiple reasons, the public opinion in the country towards these inquiry commissions has not been so positive. There is a general perception that the formation of an inquiry commission is one of the most favourite tools employed by the government to divert public attention by diluting any public issue in this manner. The primary reason for the formation of such perception has been the lack of resolution on the part of government to enforce the recommendations made by an inquiry commission. Similarly, the people at the helm of state affairs have also been quite reluctant to make public the reports of such inquiry commissions most of the time. The Hamoodur Rehman Inquiry Commission is a glaring example of this phenomenon.
The formation of judicial inquiry commission by the federal government last year, on PTI’s demand, to probe rigging allegations vis-à-vis 2013 General Elections, was essentially a significant step in the right direction. Headed by the then CJP, this inquiry commission positively submitted its report within a short period of time after probing the rigging allegations efficiently and diligently. This report has been instrumental in ending all the post-electoral controversies in Pakistan. Now, a similar judicial inquiry commission can also go long way in resolving the current controversies regarding the so-called MQM-RAW nexus.
In 2011, the Supreme Court of Pakistan constituted an inquiry commission, chaired by a senior apex court judged, on the request of government to ascertain the facts regarding OBL’s presence in Pakistan, and subsequent US unilateral military action in Abbottabad. Later in the same year, the Supreme Court of Pakistan also ordered the formation another judicial inquiry commission, comprising three senior-most Chief Justices of High Courts in Pakistan, to probe Memogate Scandal despite the opposition posed by then-PPP government. In this case, the PML-N chief Nawaz Sharif personally appeared before the SC to request the formation of an inquiry body. Ironically, now the same political party is apparently trying to sweep the current MQM-RAW controversy under the carpet in some way. Obviously the allegations against MQM are by no means less significant than the other allegations probed by the earlier inquiry commissions in Pakistan.
Last week, a quarter page public advertisement appeared in almost all national dailies, asking the general public to provide evidence to the FIA committee regarding Sarfaraz Merchant case. It is quite unfortunate that the government is requesting the ordinary people for evidence in this case despite the fact there are dozens of civilian and military intelligence and investigation agencies in the country. Certainly, the onus to investigate and legally conclude this case lies with government. Similarly, the obsessions of the interior minister with the ‘credible’, ‘sufficient’ and ‘documentary’ evidence are quite unreasonable and rather absurd. Obviously it cannot be presumed that an intelligence agency should issue a ‘certificate of membership’ to a political party in a foreign country, which could readily be presented before an inquiry committee as an evidence for the same. Nor the recipient of funds from a foreign hostile country is supposed to offer a written acknowledgment to it in return. In fact, the currently available evidence are sufficient to justify the formation of an inquiry commission to further probe the matter in question.
The proposed Inquiry commission will certainly help end the long-existing controversies regarding the alleged anti-state activities of both MQM and the RAW in the country. In case the government finds some substance in these allegations, then it will not only be able to take necessary legal actions against MQM but also in a better position to properly raise this issue at appropriate bilateral or international forum.
Therefore, instead of looking towards Scotland Yard, the government of Pakistan should proactively act to safeguard its vital national security interests. Political expediencies should by no means be allowed to eclipse the national interests.