India must not let Pakistan turn Pathankot Attack into 26/11 trial

One month after India shared information of Pakistani nationals’ involvement in the Pathankot terror attack, Islamabad is yet to even register a case, leave alone initiate action against the handlers and the mastermind. Pakistan Prime Minister Nawaz Sharif promised his Indian counterpart, Narendra Modi, prompt action and Islamabad, in the first week of January, announced the detention of several Jaish-e-Mohammed (JeM) activists along with closure of some JeM offices.

Offence

But 30 days later, Islamabad is yet to either produce them in court or share details under what section of the Pakistan Penal Code have they been detained and for what offence. A legal case would form the bedrock for sustained investigations that can be logically pursued in a court of law. 

Top sources in the government suspect Pakistan’s actions so far may be mere eyewash under intense global scrutiny. Had Pakistan followed due process of law, a first information report (FIR) would have been filed. An investigating officer’s detailed and proper investigations would have been initiated, too.

Sharif’s office had on January 13 claimed that “considerable progress has been made in the investigations being carried out against terrorist elements reportedly linked to the Pathankot incident.” A statement released by Sharif’s office went on to say, “Based on initial investigations in Pakistan and the information provided (by India), several individuals belonging to Jaish-e-Mohammed have been apprehended. The offices of the organisation are also being traced and sealed. Further investigations are under way.”

However, no details have been shared with investigators in India. Pakistan is also understood to have set up a special investigation team headed by Rai Tahir, additional inspector general of Punjab Police’s Counter Terror Department, to probe the Pakistan link to the Pathankot attack, but this crack team hasn’t made any headway.

Maulana Masood Azhar hasn’t been arrested despite contradictory claims made by Pakistan.

India shared details of phone numbers and conversations the terrorists in Pathankot had with their handlers in Pakistan. However, the investigators claim they could not trace the phone numbers and called them either fake or unregistered numbers. Pakistan is yet to share details of any independent investigation it may have carried out based on the information provided by India.

Conspiracy

The terror conspiracy was hatched in Pakistan. The terrorists came from Pakistan. The training of the terrorists took place in Pakistan. So there is ample investigation to be done in Pakistan. Sadly, if a probe is being carried out, Pakistan has been reticent about sharing details.

India requested Pakistan to specifically probe the role of Masood Azhar and his brother Rouf Azhar in connection with the Pathankot attack, but Pakistan has not pursued those leads. In fact, on January 26, Masood Azhar wrote in the Peshawarbased jihadi magazine al-Qalam threatening anyone trying to target him. "I have prepared an army that adores death. To uproot this army is not in the power of our enemies. God willing, this army will not let our enemies celebrate, or occasion for anyone to miss my presence," Azhar wrote.

But India is still hopeful that the Pathankot probe will be different from what happened with the 26/11 attack investigations. Especially after a personal commitment not only from Sharif to Modi, but also from Pakistan’s NSA Lt Gen Nasser Khan Janjua to his Indian counterpart Ajit Doval.

Evidence

In the past Pakistan had dismissed concrete evidence provided by India as mere literature. Independent investigations carried out by Pakistan’s Federal Investigation Agency in the 26/11 attacks resulted in the arrest of seven accused.

However, the Pakistan government case for voice samples was thrown by the Islamabad High Court due to “non-prosecution”. This has cast aspersions at Islamabad’s integrity since its government lost the 26/11 voice sample case because it did not pursue the case in court. All this even as Pakistan at the highest level was trying to assure India of speedy justice in the Mumbai terror attacks case.

Pakistan has also repeatedly tried to reassure India that its all-powerful army is on board the peace initiative and terrorists will not be allowed to put a spoke in the peace process. While India looks forward to continuing with the dialogue process and has not announced calling it off, New Delhi is waiting for the right environment for talks in terms of concrete action by Pakistan on Pathankot.

“Terror must not be allowed to derail dialogue” — this is a welcome template as long as Pakistan continues to take decisive action against India-centric terror. In the past, after terror attacks, talks had been called off. This time New Delhi has taken a conscious decision not to call off talks but wait for Pakistan to act on leads provided by India. The ball is clearly in Pakistan’s court.