By Qamar Bashir
The DGs, ISPR and ISI, in an unprecedented politically charged Press Conference held on October 27, 2022, while endorsing the regime change and citing the rise in the stock market as a sign of a successful operation, declared that the army has become neutral or, to be more precise, apolitical, implying that it will no longer manipulate the politics of the country and will perform its duties strictly in accordance with the constitution. However, history will bear witness to the fact that the establishment (Estab) makes such pledges when one of its experiments fails and before laying the groundwork for new experiments. and repeating the entire cycle over and over again.
One of the first such pledges came in 1951, when then-Army Chief General Ayub Khan issued a statement pledging the army's political neutrality. Despite this pledge, the army became nincreasingly involved in Pakistani politics over the next few years, culminating in Ayub Khan's 1958 coup.
In 1970, ahead of Pakistan's first general elections, the Estab pledged to remain nneutral once more. The elections, however, were marred by widespread allegations of rigging, and the Estab eventually intervened, resulting in the dissolution of Pakistan and the formation of Bangladesh followed yet another pledge of neutrality which ended in 1977 when General Muhammad Zia-ul-Haq, toppled Bhutto government, citing the generic allegations of election rigging and corruption. The coup was initially planned as a limited intervention, continued unabated until elections were held in 1988.
The Estab yet again pledged to remain neutral but masterminded change one government after the other until in 1999, when General Pervez Musharraf, who seized power and justified the coup by citing generic charges of corruption and mismanagement in the civilian government. In 2007 the Estab re-reasserted its neutrality in politics, and Musharraf stepped down as Chief of Army Staff to become a civilian president, but eventually resigned as president in 2008, following the victory of the PPP in the general elections.
The pledges of neutrality was revived once again but soon the coalition government of PPP began experiencing an onslaught and pressure of estab until Memo gate scandal was fomented in May 2011 which led to the resignation of Husain Haqqani as ambassador, weakening of the PPP government and dismissal of then Prime Minister Yousuf Raza Gilani and followed by renewed pledge of neutrality but in the guise, paved the way for winning of elections by PML(N) in 2013 by alleged engineering and rigging.
Soon after the economy started improving Nawaz Sharif who tried his level best to maintain a balance in relationship with the Estab had it enough and as soon as he started asserting himself on important and sensitive issues his time was counted as over and it was the time to lay down the foundations of yet another experiment.
The establishment with their full might first orchestrated the sit-in from August 14 to December 17, 2014 as a launching pad for it new experiment and later fomented Dawn Leak, Panama gate which led to the ouster of Mr. Nawaz and later his government in 2018 and now time had arrived to make a pledge for neutrality.
The then-DG ISPR, Mr. Asif Gafoor, in his press conference on 11th July pledged to remain neutral in the voting process in an attempt to refute the army's Maneuvering in the upcoming polls. He also spilled his philosophical overdose on the people when he warned the nation, quote, "What you sow on Election Day, you will reap over the next five years" and claimed that the outcome of the elections had no effect on the armed forces. However, as in the past, this pledge of neutrality proved the beginning of another experiment.
The army gave its Experiment “Imran Khan” everything it needed to keep it running until he started asserting himself in making critical decisions. This was possibly the point at which the establishment decided to abort its experiment and discredit him by any means necessary to deprive him of political capital and lay the groundwork for its new project. Another vicious circle of starting a project, abandoning it prematurely, declaring neutrality, and launching a new project in the form of PDM had been completed, and it was time to re-establish the mantra of neutrality.
During a speech at the Pakistan Embassy in Washington on October 5, 2022, Gen Qamar Javed Bajwa pledged that the armed forces have distanced themselves from politics and will continue to do so. In the same breath he outlined his future political course of action by saying that reviving the country's ailing economy should be the first priority of all segments of society. Soon after the speech, he went to the Pentagon to seek approval for his new course of action from US Defense Secretary retired General Lloyd James Austin III, National Security Adviser Jacob Jeremiah Sullivan, and Wendy Ruth Sherman, Deputy Secretary of State.
But, unlike previous similar situations in which they were usually successful I discrediting the outgoing government by making generic allegations of corruption, mismanagement, and moral turpitude, this time they were confronted with an entirely different outcome that was completely unexpected and new to them, and they had no prior experience dealing with it. To their surprise, they were confronted with a formidable opponent who refused to submit and gave them the toughest time, but also the public, intelligentsia, civil society, and the media in general did not buy any allegation of corruption, brushed off audio and video leaks, and shunned allegation of moral turpitudes, on the contrary the popularity graph rose even after every such effort. When all of their tried and true methods failed, an assassination attempt was made to remove him from the scene entirely, but he narrowly escaped and became even more ferocious.
The incumbent government and its handlers, if any, were also confronted with a slew of new factors, including highly motivated, resourceful, educated, and social media savvy urban and middle-class households that were difficult to purchase and herd like the rural masses, the economy's free fall and unprecedented inflation and price hikes, alleged charges of corruption on PDM leaders and Army Generals of colossal magnitude, and the refusal of the superior judiciary to cooperate with the
government and its handlers(if any). in contrast to the past. Frustrated and desperate to make a dent in his defense system, they have now resorted to using illegal, immoral, unethical, attacks of recording and releasing audio video leaks, stooping so low that they did not spare the housewives of judges, politicians, and civil society members, which is gruesome. Imagine of a situation, that the audio and video of all generals, bureaucrats, and politicians' wives and relatives were recorded and released, and their content was used as a charges sheet against each and every one of them, I am confident that the entire current generation of generals, judges, bureaucrats, and politicians would be charged with sedition, constitutional violations, intrigues, and conspiracies on unimaginable scales. This type of recording is not only unconstitutional, but also illegal and unethical.
Article 14 of Pakistan's Constitution protects the dignity of all individuals and every citizen has the right to privacy, which includes the right to be free from unlawful intrusion into their home, correspondence, and communications. The Pakistan Electronic Crimes Act 2016 also protects citizens from unauthorized access, acquisition, or dissemination of information, including audio and video recordings, that may harm their reputation, privacy, or security. Furthermore, the Wiretapping and Electronic Surveillance Act of 2014 establishes a legal framework for government agencies to intercept communications for security purposes. Accordingly, before recording or intercepting any communication, including audio and video recordings, government agencies must obtain a warrant from a designated authority under this law. Unauthorized access, copying, or transmission of data is punishable by imprisonment for up to three years and/or a fine of up to Rs. 5 million (approximately USD 31,000) under Section 20 of the Pakistan Electronic Crimes Act 2016. Similarly, under Section 26 of the Wiretapping and Electronic Surveillance Act 2014, anyone found guilty of unauthorized communication interception faces up to three years in prison and/or a fine of up to Rs. 5 million. Furthermore, under Section 509 of the Pakistan Penal Code, anyone who intentionally insults a woman's modesty faces up to three years in prison, a fine, or both.
All Religions emphasize respecting the privacy of others. In Islam privacy is considered an important aspect of human dignity and is protected under the concept of "sirr" or "secrets." The Quran states that believers should not spy on or backbite one another, and that they should not enter others' homes without permission (Quran 49:12). In Christianity, the Bible teaches the importance of respecting others' privacy and confidentiality, as well as the value of trust and honesty. For example, in the book of Proverbs, it is written that "A gossip betrays aconfidence, but a trustworthy person keeps a secret" (Proverbs 11:13). InHinduism, privacy is emphasized as a fundamental human right and is closely linked to the concept of personal autonomy.
Ethically, privacy is tied to fundamental human rights and values of autonomy, dignity, and trust and is a foundational element of personal and social well-being. It empowers the individuals to exercise control over their personal information, to choose what information to disclose and to whom, and to be free from unwanted intrusion or surveillance. But one million dollar question is who is capable of recording and airing the private calls with total impunity and how menace can be addressed.
The power to record WhatsApp or cell calls of others is vested in the law enforcement and intelligence agencies and other authorized bodies. The agencies in Pakistan and worldover are required to follow legal procedures and obtain court warrants before conducting any such recording activities.
Parliament, government, politicians, civil society, and the judiciary all share responsibility for putting a stop to this threat. The parliament has the authority to enact new laws and strengthen existing laws and regulations to prohibit the recording of private individuals without their consent, as well as impose penalties and sanctions on individuals and organizations that violate these laws.
The government should conduct a thorough investigation to determine whether the agencies followed legal procedures, and if any violations occurred, appropriate legal action, including civil and criminal charges, should be taken. It can create mechanisms to monitor government agencies, such as independent review boards or commissions, audits, and reporting requirements.
Civil society can play a critical role in educating the public about the risks and consequences of illegal audio video call recording by raising awareness through public campaigns, social media, and educational materials, advocating for stronger laws and regulations, and monitoring and exposing instances of illegal audio video call recording. It can also provide support and resources to people who have been victims of illegal audio video call recording, as well as foster a privacy culture by promoting best practices for secure communication and encouraging people to take steps to protect their privacy online.
Political leaders can raise awareness of the issue by discussing it publicly and emphasizing the risks and consequences, by supporting and advocating for laws and regulations that protect individuals' privacy rights, by working with legislators to develop and pass legislation that specifically prohibits the recording of private individuals without their consent, and by setting an example by using best practices for secure communication and respecting individuals' privacy rights.
The judiciary can ensure that laws prohibiting unauthorized audio and video recording are strictly enforced by imposing severe penalties, fines, and imprisonment on those who engage in such activities. Individually and collectively, we must learn to respect the constitution and the law of the land in order to foster a just, humane, civil, and cultural society.
