The heated Sindh-Centre controversy over the Sindh Rangers' special powers became red-hot on Tuesday after the federal government rejected Chief Minister Syed Qaim Ali Shah's summary that sought to give a go-ahead to the paramilitary force's operations but with several restrictive conditions. As expected, the People's Party leadership reacted angrily to the development terming it 'invasion' of a smaller province by the federal government and warning of consequence for the federation's stability. The party co-chairman Asif Ali Zardari's spokesman, Senator Farhatullah Babar, issued a stinging statement quoting Article 147 of the Constitution to accuse the federal government of acting in sheer violation of the Constitution. Later, the party co-chairman, too, issued a similar statement in his message that he sent media on the eve of Quaid-e-Azam Muhammad Ali Jinnah's birth anniversary.
The letter the interior ministry sent to the provincial government informing it of an unconditional extension in the Rangers' policing powers for another 60 days sought to offer a convincing explanation of its action saying "the powers conferred under Section 4 of the Anti-Terrorism Act (ATA) and the law cannot be conditionally abridged or customized... The powers of the Anti-Terror Act cannot be customized or separated." Further elucidating its position the ministry said "the authorisation of the provincial government can only be made as per the law and additional conferment of powers is also possible only as per provisions of respective enactments as may be authorised." In simple words, the relevant constitutional provision notwithstanding, given the present extraordinary situation the special powers have been extended staying within legal bounds. Meanwhile, a large number of legal experts too are of the opinion that the federal government's stance has legal force, pointing out that at present the Rangers have been deployed in Sindh to restore law and order by invoking the anti-terrorism laws, which puts them under no restriction to do whatever is necessary to control terrorism. As for the doubters, the ministry had a consolation to tender: "exercise of all powers upon law-enforcement agencies (LEAs) is subject to judicial review."
Legal wrangling aside, both the provincial and federal governments ought to refrain from politicizing the issue. Needless to say, these are not normal times; the country is at war which has claimed an estimated nearly 60,000 lives. Intelligence-based anti-terrorism operations are being conducted all over the country. The case of Karachi is a bit different because of an exceptionally high incidence of crimes like targeted killings, extortion and, kidnappings for ransom, increasing worries about terrorists exploiting the situation for their nefarious ends. Hence following a political consensus the Rangers were handed police powers to launch operations against contract killers, terrorists, their sympathisers and other criminals destroying the peace of Karachi, the nation's commercial capital. Unfortunately, however, the operations have gradually been politicized with both the MQM and the PPP taking turns to claim victimisation. The Sindh government, nonetheless, is not saying that the Rangers' help is not needed to restore law and order; it is wary of the direction the operations have been moving during the recent weeks. Its concerns need to be addressed though without making any compromises on security. So far, the Prime Minister has kept himself out of the raging political controversies generated by the Rangers' actions. Things having gotten to the point they have, he must now come forward and engage with the PPP co-chairman either, directly or through a trusted intermediary, to defuse this ugly situation that is pregnant with portents that are too grim to be speculated.