By Salman Shahzad
MALAKAND: Early in 2011, the Khyber Pakhtunkhwa goverment’s decision that the Swat Tehreek-e-Taliban Pakistan (TTP) leaders be presented in the Mingora anti-terrorist court for trial, was publicly denounced by the masses of Malakanad, whereas they adopted the stance that their crimes have been already proven and demanded that they must be killed in the way as they had killed thousands of innocent people of Malakand when they were in power.
In Malakand Division at least 600 FIRs were registered while 200 militants are still wanted by the law enforcing agencies and declared outlawed by the law court.
The Khyber Pakhtunkhwa minister for law, Arshad Abdullah confessed that the number of militants sent behind the bars is too heavy that is why the government has stressed that the cases should be proceeded as soon as possible and for that purpose the government has already bought a building in Mengora for the trial of the nabbed militants but it will take a little time to have a fully furnished and functional court there.
Rahmat Gul 47 from Khwazakhela told the scribe that his blister would be cured only if the militants hug the same sequel whom they had faced others with such a brutality that most of the people had shunned going into bazaars when they were in power.
He added that they were beguiled into supporting the militants in promulgation of Shariat as most of the women sold out their ornaments and offered the charity to the thug militants but in return they turned their weapons against the innocent and poor masses of Malakand, so they donâ€™t deserve to be trailed in courts.
Jamal Yousufzai told that he wishes not see such brutalities and prays that almighty Power take the valley of natural beauty into his safety.
He said that if the government permits him to kill the militants, he would chisel them to death.
The most notorious and hated militant, whom the residents of Malakand abhor the most, is Muslim Khan, who according to the masses of Swat, dragged the innocent Swatis into marts, hanged hundreds of them with poles, and also beheaded them. This is the reason that the masses of swat have been appealing the government that not to treat the militants with a soft attitude. Their stance is rigid as they claim that in such a case it would be a partiality of the government to bring them into law courts as there is no need to prove them guilty in law courts as they had already publicly accepted the responsibility of every anti-state activity including suicide bombings, beheadings, and abductions and when they had accepted all the things then there should not be any room for legal leeway for their defense in court.
But the Article 10 of the constitution of Pakistan says no person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
And every person who is held and detained in custody shall be produced before a Magistrate within a period of twenty-four hours of arrest, excluding the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
This is also to mention that it also says that no law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceedingÂ (three months) unless the appropriate Review Board has, after affording him an opportunity of being heard in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of three months,Â unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention.
But this article also bounds that it is provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemyÂ or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.
The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family.
Nothing in this Article shall apply to any person who for the time being is an enemy alien