14 Jul 2009

Speaking exclusively to TIMES NOW, Punjab Law Minister in Pakistan Rana Sanaullah speaks exclusively to TIMES NOW saying the appeal challenging Jammat-ud- Dawa chief Hafiz Saeed has been withdrawn due to lack of evidence to prove Hafiz Saeed masterminded the 26/11 attack.

"We discussed the appeal (against Saeed's release) in the Supreme Court and realised that it was on a very weak footing. If the Court ruled against us, in future this would be a hurdle for us in other cases involving Hafiz Saeed or others. So we thought it was it better not to appeal and invite an unfavourable ruling," Sanaullah told TIMES NOW today (July 14)..

The Punjab government had filed the petition challenging the release, on the advice of the federal government with the promise that the latter would provide evidence against JuD chief Hafiz Saeed. However, Pakistan journalist Shafiq Ahmed reporting on TIMES NOW quoted sources as saying that the federal government had not provided any evidence against Hafiz Saeed to Punjab.

Accordingly this morning Advocate General of Punjab Raza Farooq subitted an application with the Pakistani apex court.

However, Shafiq Ahmed reporetd that the Pakistan Federal Government was in the process of pursuading the Punjab provincial government not to withdraw the case against Hafiz Saeed.

"Right now, a meeting between the Attorney General of Pakistan, Latif Khosa and the Advocate General of the Punjab Governmwent Raza Farooq is going on inside the SC building. Sources say that Latif Khosa is trying to pursuade the Punjab Government not to withdraw the case against Hafiz and his associate, till evidence can be provided," reported Ahmed.

Lending some perspective, TIMES NOW senior editor Rahul Shivshankar said the development would certainly cast a long shadow on talks as there has been a lot of criticism on the Indian government's decision to go ahead to with the dialogue process beginning with a meeting with the two prime ministers on the sidelines of the NAM summit in Egypt.

"Remember that in the aftermath of the 26/11 attacks, India was very firm saying it wanted to see movement not just in the 26/11 probe but also an immediate cessation of of cross border terror. That hasn't happened and neither has there been any 'concrete visible action', as India calls it, on the 26/11 probe. Now comes this latest provocation from Pakistan, which is being seen either as a systemic miscommunication or all part of a deliberate attempt to stall proceedings in 26/11 Mumbai probe.

Shivshankar points out that Hafiz Saeed is the head of the JuD, and it is very difficult for any government in Pakistan to go against a figure that has positioned himself as some sort of religious head. Also, it becomes very difficult for anyone in Pakistan to make a political case going against him since this will lead to a confrontation with hardliners in Pakistan and also perhaps expose a divide in the government in Pakistan.

"One part wants to continue with cross border terror, use terror as an instrument of leverage against India and another part is under pressure from the USA to show action to try and narrow the deficit or the gap between the two sides. As a result, India does not know how much in control President Zardari is actually, and who is pulling the strings," said Shivshankar.

"We are told that the Pakistani Attorney General is against the withdrawal of this particular application filed by the Punjab government. But it obviously looks very bad on paper. There will be red faces in Cairo when the foreign secretaries meet to lay the groundwork for the meet between the PM and Gilani. But all of that now will be under a lot of doubt now, given the fact that there is a very big gap between what India wants and what Pakistan is willing at least politically to deliver on."