SC indicts Pakistan on terrorism

In the first ever indictment of Pakistan as a promoter of terrorism, the Supreme Court said the neighbouring country had breached the United Nations’ mandate for every member country to prevent terrorists from using its territory to harm other countries. The court had in the past handled several cases relating to terrorism, including the Mumbai 26/11 attacks in which it noticed the Pakistani hand while awarding the death penalty to the sole surviving gunman Ajmal Kasab. But never before had the court been so categorical and severe on Pakistan.
The SC said some of the accused, upon arrival in Pakistan for arms training, were received by ISI operatives who took them out of the airport without observing immigration formalities. “Pakistan thus took precautions not to bring its involvement on record,” it said.
There was no entry in their passports when they left Islamabad for Dubai, “meaning thereby, they (the accused) had a green channel entry and exit in Pakistan”, the court said.
“The events unveil the tolerance and encouragement shown by Pakistan towards terrorism,” the bench said, referring to confessional statements admitting that some of the accused received training directly from ISI officials on occasion.
Pointing to the Pakistani imprint on the Mumbai serial blasts, the bench said, “It is devastating to state that Pakistan being a member of the United Nations, whose primary object is to maintain international peace and security, has infringed the recognized principles under international law which obligate all states to prevent terrorist attacks emanating from their territory and inflicting injuries to other states.
“A host state that has the capability to prevent a terrorist attack but fails to do so will inherently fail in fulfilling its duty under Article 2(4) since terrorism amounts to force by definition.” The bench drew its conclusion from Article 2(4) of UN Charter which “prohibits states from using or threatening to use force against another state”. The bench said an effective anti-terrorism campaign would require substantial strengthening of the international regime of state responsibility.
“A careful reading of confessional statements of convicted accused exposes that large number of accused including absconders receiving training in making of bombs by using RDX and other explosives, handling of sophisticated weapons like AK-56 rifles and handling of hand grenades in Pakistan which was organized and methodically carried out by Dawood Ibrahim, Anees Ibrahim, Mohd Dossa and Salim Bismillah Khan (since deceased),” it said.