In December 2008, the United Nations Security Council declared the JuD a front organization for the banned LeT. The provincial Punjab government then placed Saeed under house arrest using the Maintenance of Public Order law. But six months later, the Lahore High Court declared his confinement unconstitutional. In August 2009, Interpol issued a Red Corner Notice, essentially an international arrest warrant, against Saeed in response to Indian requests for his extradition. Saeed was again put under house arrest but in October the Lahore High Court quashed all charges against him due to lack of evidence.
It is common knowledge that Pakistani judges, fearing for their lives, generally refrain from convicting high-profile jihadists with political connections. When, in the face of compelling evidence, a judge has no option but to order the sentence enjoined by the law, he must either live under guard afterwards or leave the country. Such was the case with Judge Pervez Ali Shah who tried Mumtaz Qadri, the jihadist bodyguard who murdered Punjab's governor Salman Taseer for backing an amendment to the indiscriminately applied blasphemy law. Soon after sentencing Qadri to capital punishment last October, Shah received several death threats and was forced into self-exile.
Aware of the failures of the Pakistani authorities to convict Saeed, U.S. agencies seemed to have checked and cross-checked the authenticity of the evidence they had collected on him before the State Department announced, on April 2nd, its reward for his arrest. This was nothing less than an implied declaration of Washington's lack of confidence in the executive and judicial organs of Pakistan.
Little wonder that Pakistani Prime Minister Yousaf Raza Gilani took umbrage, describing the U.S. bounty as blatant interference in his country's domestic affairs. Actually, this is nothing new. It is an open secret that, in the ongoing tussle between Pakistani President Asif Ali Zardari and his b????te noire, army chief of staff General Ashfaq Parvez Kayani, the Obama administration has always backed the civilian head of state. That, in turn, has been a significant factor in Gilani's stay in office since March 2008, longer than any other prime minister in Pakistan's history.
How to Trump a Superpower
Given such strong cards, diplomatic and legal, why then did the Obama administration commit itself to releasing more than $1 billion to a government that has challenged its attempt to bring to justice an alleged mastermind of cross-border terrorism?
The answer lies in what happened at two Pakistani border posts 1.5 miles from the Afghan frontier in the early hours of November 26, 2011. NATO fighter aircraft and helicopters based in Afghanistan carried out a two-hour-long raid on these posts, killing 24 soldiers. Enraged, Pakistan's government shut the two border crossings through which the U.S. and NATO had until then sent a significant portion of their war supplies into Afghanistan. Its officials also forced the U.S. to vacate Shamsi air base, which was being used by the CIA as a staging area for its drone air war in Pakistan's tribal areas along the Afghan border. The drone strikes are exceedingly unpopular -- one poll found 97% of respondents viewed them negatively -- and they are vehemently condemned by a large section of the Pakistani public and its politicians.
Furthermore, the government ordered a comprehensive review of all programs, activities, and cooperation arrangements with the U.S. and NATO. It also instructed the country's two-tier parliament to conduct a thorough review of Islamabad's relations with Washington. Having taken the moral high ground, the Pakistani government pressed its demands on the Obama administration.
An appointed Parliamentary Committee on National Security (PCNS) then deliberately moved at a snail's pace to perform the task on hand, while the Pentagon explored alternative ways of ferrying goods into Afghanistan via other countries to sustain its war there. By contrast, a vociferous campaign against the reopening of the Pakistani supply lines led by the Difa-e Pakistan Council (Defense of Pakistan), representing 40 religious and political groups, headed by Hafiz Saeed, took off. Its leaders have addressed huge rallies in major Pakistani cities. It was quick to condemn Washington's bounty on Saeed, describing it as "a nefarious attempt" to undermine the Council's drive to protect the country's sovereignty.
Meanwhile, the loss of the daily traffic of 500 trucks worth of food, fuel, and weapons from the Pakistani port of Karachi through the Torkham and Chaman border crossings into Afghanistan, though little publicized in U.S. media, has undermined the fighting capability of U.S. and NATO forces.
"If we can't negotiate or successfully renegotiate the reopening of ground lines of communication with Pakistan, we have to default and rely on India and the Northern Distribution Network (NDN)," said a worried Lieutenant General Frank Panter to the Readiness Subcommittee of the Armed Services Committee of the U.S. House of Representatives on March 30th. "Both are expensive propositions and it increases the deployment or redeployment."
The main part of the NDN is a 3,220-mile rail network for transporting supplies between the Latvian port of Riga and the Uzbek town of Termez (connected by a bridge over the Oxus River to the Afghan settlement of Hairatan). According to the Pentagon, it costs nearly $17,000 per container to go through the NDN compared to $7,000 through the Pakistani border crossings.
Moreover, U.S. and NATO are allowed to transport only "non-lethal goods" through the NDN.
Other military officials have warned that the failure to reopen the Pakistani routes could even delay the schedule for withdrawing American "combat troops" from Afghanistan by 2014. That would be bad news for the Obama White House with the latest Washington Post/NBC News poll showing that, for the first time, even a majority of Republicans believe the Afghan War "has not been worth fighting." A CBS News/New York Times survey indicated that support for the war was at a record low of 23%, with 69% of respondents saying that now was the time to withdraw troops.
In the Pakistani capital, Islamabad, the PCNS finally published a list of preconditions that the U.S. must meet for the reopening of supply lines. These included an unqualified apology for the air strikes last November, an end to drone attacks, no more "hot pursuit" by U.S. or NATO troops inside Pakistan, and the taxing of supplies shipped through Pakistan. Much to the discomfiture of the Obama administration, a joint session of the National Assembly and the Senate called to debate the PCNS report took more than two weeks to reach a conclusion.
On April 12th, the Parliament finally unanimously approved the demands and added that no foreign arms and ammunition should be transported through Pakistan. The Obama administration is spinning this development not as an ultimatum but as a document for launching talks between the two governments.
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