It is an interesting case, for it pleads to the nation’s highest judicial authority to take action against another nation based on “a violation of the United Nations charter, the universal declaration on human rights, international laws and international humanitarian laws”.
Would these organisations not expect the ‘host’ country to disallow the presence of troops and, if they are there, then would they not be expected to provide an explanation?
The government and several top officials, including the Defence Secretary, the Secretary of the cabinet division, Interior Secretary, Foreign Secretary and Home Secretaries of all provinces, were made respondents in the case.
Since it is the fundamental right of citizens to life, property and dignity, the buck will be passed on to the insurgency movement within Pakistan. The US always has a ready alibi and is often in cahoots with at least one power centre inside. There is also the question about which citizens Imran Khan is talking about. There are thin lines that divide the citizens and it is difficult to fathom whose rights are being talked about.
There have been several occasions when the Pakistani authorities have suppressed their own population of various stripes; there is a legal system that can be played around with; there is tribal rule in certain parts where regular Pakistani jurisprudence has absolutely no control.
Imran Khan’s petition works only at a symbolic level. Even as that, it will in fact work counter-productively. After all, the respondents can plead helplessness for in some ways not only are the sensitive areas outside their scope, but the American operations too will be seen as forced ‘occupation’ and make those Pakistani politicians and armymen who are well in the know of things appear to be victims rather than active participants in the suppression of the insurgency.
Therefore, the buck will stop at the door of the insurgents and both the villainous parties – the US and the Pakistani authorities – shall get away. As always, it appears to be their fundamental right to do so.