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War on Terror and Collapse of Judicial Syetem

War on Terror and Collapse of Judicial Syetem

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Published by ehtasham_ali_1
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Published by: ehtasham_ali_1 on Jul 16, 2011
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TheprevailingchaosandcrisisthePakistanisocietyisentangled in is not merely a law and order problem, but the result of a covert war, wherein the irregular enemy war combatants are ruthlessly attacking thePakistanistateandnation.Ironically,thenationallaw-makinginstitutions,politicalleadership,aswellasthemilitary establishment, have remained oblivious tothisfactforthelastdecade.Allthatthisgovernmentistryingtodoistoovercomethisdauntingchallengeviavarious administrative measures, relying on common practices of peace-time law and order situations like police FIRs and criminal investigations, and lookingtowardsthecollapsed judicial system forapermanentsolution. Consequently, the national internal security profile continues to get bleaker with every passingday.Except for military response and efforts, nationalsecurity has been compromised in one way or theother at diplomatic and political level, as there is norealization of the war which is being waged againstPakistan.Diplomacyhadfailedalong timeagoaftera policy level disaster in 2001 when Pakistan joined theWoTwithoutnegotiatinganythingforitsownnationalinterests.The national media has been handed over to paid and sold-out analysts and anchors. Political parties shamelessly indulge in mud-slinging and point-scoring, and the economy is in complete chaos.
 PNS Mehran –Attacked by enemy irregular war combatants
 By: Shahzad Masood Roomi
Desperate times call for desperate measures!
 War on Terror and Collapseof the Justice System
In this scenario, the judiciary had remained the onlyhope to keep intact the people's faith, by providing justice and prompt punishment to the culprits. Butunfortunately,thejudicialcollapsethathasemergedinPakistannowistheworstonethusfar,andduetoitthefaith ofthe massesin thejudiciaryhas been shattered,and the national security is in complete panic on theinternal axis. This failure has led the whole nation tothebrinkofcompletesocialanarchy.Aglimpseofthishorrendoussituation canbeseeninmanyofoururbancenters,particularlyinKarachi.Subsequently, this leaves the military as the onlyinstitutiontobeartheentireburdenoffightingacovertirregular urban war in Pakistani citieswhere the Non-State Violent Actors (NSVAs) have been used byhostile forces like the CIA and RAW. The LawEnforcementAgenciesandthemilitaryarefightinganextremely complex, nerve-wracking and endless war against the foreign-funded NSVAs within thePakistani borders. The judicial crisis is so severe thatthe military top brass has openly expressed their unease with the current state of judiciary vis-à-visconvicting the terrorists. In this way the military top brass has marked theAchilles' heel in the entire chainofadministrativeandgovernancemeasurestocombatthismenace.9/11changedtheworld,andinternalsecurityandanti-terrorism lawsall overtheworldwereno exceptiontothis change. The most visible change was observed atthe global lawmakers' reaction against the emergingthreats of terrorism and how they devised new waysand mechanisms to deter these threats. LEAs allaround the globe got special permission to cope withtheemerginginternalsecuritychallenges.Theintroductionofnewanti-terrorismlawsandmeasures began in the US after 9/11 with the creationof the Departmentof Homeland Security(DHS).Thisnew department was established by the Bushadministration right after 9/11 to prevent anyemergence of local and foreign terrorism within theUS.To achievethis, the department was provided fulllegal support from the US congress. Many servicesand departments were consolidated in the form of newly-formed agencies under the DHS. Immigrationand custom services were put under DHS, and their functions and services were restructured as per theemerging challenge of the foreign terrorists trying toinvade the US soil. Border security and healthinsurance services were the next in the list of services put under DHS. These provisions played a major rolein the prevention of any high-scale terrorist attack intheUSafter9/11.The establishment of the DHS was followed by thecomprehensive legislation of anti-terrorism laws tofurther enhance the efficacy of the DHS. USAPatriotActwaspassedafter9/11.Thislaw,onitsinceptionin2001, faced a lot of criticism bythe HR organizationsand the critics, as it put everyAmerican citizen under observation by the various US authorities anddepartments. The title of the Act is constituted by athree-letter acronym (USA) preceding a seven-letteacronym (PATRIOT), which in combination stand for 'Uniting and Strengthening America by ProvidingAppropriateTools Required to Intercept and ObstructTerrorism'-Act of 2001. As its name suggests, itenabled theAmerican LEAs to have appropriate toolslike searching telephone, e-mail communications,medical, financial, and other records along with the provision of broader detention and deportationauthority to the US immigration department workingunder the DHS. Apart from that, this act labels theAmerican Citizens as 'Enemy Combatants' only onsuspicionsofbeinginvolvedinterrorism.Despite all the political antagonism over every other issue, the US politicians showed complete unanimityover this critical one. While drafting this act,legislation in the following areas was done by the UScongress and was supported by both the RepublicansandtheDemocratsintheUScongressandthesenate.EnhancingdomesticsecurityagainstterrorismSurveillance proceduresAnti-money-laundering to prevent terrorismBorder securityTerrorism criminal lawVictims of terrorism and their familiesImproved intelligenceApart from the USAPATRIOTAct, there were other laws passed as well which shows the level of concern
Post 9/11 Changes in Anti-TerrorismLegislation:
among the US legislative bodies to strengthen thelegal side of their efforts against terrorism. All thecriticism and cynicism was ignored while devisingthis policy. The John Warner Defense AuthorizationAct officially allows the US President to implementmartial law. This is perhaps the only law in thedemocratic world allowing the elected president tooverride all the state and local authorities and stationtroops anywhere in America to "suppress publicdisorder".Just like the US, some of the toughest anti-terrorism laws were introduced in the UK after 9/11.The changes made in the anti-terrorism laws gavespecial permission to the UK authorities to conducttheir operations aggressively. New Control Ordersregimewasintroduced,assigningunprecedentedlegal powerstotheBritishpoliceandotherLEAsincludingaprovisionto imposecurfewfor16hoursat anyplaceon need basis, without wasting time in seekingapprovalfromtheBritishgovernment.Thepurposeof theselawsistoenabletheBritishLEAstomonitorandinvestigate the suspects with a more comprehensivelegal cover provided by the British government.Hence the UK authorities were able to detain 1471suspects from 9/11 to 31/12/2008. Though only 196were finally convicted by the courts, but even that became possible only due to the new anti-terrorismlegislationbytheLabourParty.TheBritishpolicewasallowed to detain any suspect (without charging him)for28days.Furthermore, in 2007, the Academic TechnologyApprovalScheme(ATAS)directivewasintroducedaswell to set strict criteria for foreign students whowanted to study in the UK. Along with obtaining thespecific clearance before the visa application, theBritish government labeled some areas of sciences as“sensitive subjects” for the students hailing fromcountriesnotincludedintheEuropeanUnion(EU).The British government had to face severe criticismfrom various corners including the HR circles fromwithin the UK. The London based Guardian Newspaper published the following in 2009 in thisregard:Lord MacDonald who oversaw the government'sreview ofcounter-terrorism powers commented, 'UK over-reacted after 9/11 attacks'.Lord MacDonald toldtheBBC:But a firm political commitment to provide theeffective sheathing on the legal axis helped the UK intelligence and Law Enforcement Agencies to makethatcountrymoresecure.According to theUKsecuritychief, special powers toLEAs are the essential tool in cases where there isintelligence that someone is involved in extremism but has not yet committed a crime, such as someoneassociating with the known plotters. CountlessterrorismsuspectshavebeenreleasedbythePakistanicourts as the Pakistani LEAs have no such power or authority thus enabling the terrorists to seek easyacquittalsfromthecourts.In the EU, work on anti-terrorismlaws was already in progress before the 9/11 attacks, but there existed a considerable amount of criticismovertheseproposed anti-terrorism laws.Two security packages, built on a considerable amount of legislation, were already under consideration. But theadaptation of these laws was still a concern whichchanged dramatically after 9/11. This incidentcertainly sped up the process of adopting the highlydebatablelaws.ThisphenomenonwasobservedintheentireEUregion,wherethemembernationsreachedaconsensus which was not there previously. Had it not
UK:European Union:
“Labour has passed an unprecedented amount of  legislation since coming into power, roughlyestimated as creating one new criminal offence for every day in office, with numerous pieces of anti-terrorism legislation.”"I think we saw some powers, some laws, enacted which did go too far." 
 British Police got empowered through new anti-terrorism la

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