UNSC decision on lakhvi is mostly symbolic
The United Nations Security Council's decision to look into the recent release of 26/11 mastermind Zaki-ur Rahman lakhvi is a victory for Indian diplomacy but its significance need not be blown out of proportion. lakhvi was released from a Rawalpindi prison on bail last month, much to the consternation of India and others. At that time, Pakistani authorities had pointed out — and not entirely without merit — that their hands were tied, since the matter was with the judiciary. Islamabad had painstakingly underlined that it had extended lakhvi's prison stay by three months even after the court had ordered his release in December 2014.
That the Pakistani Taliban, prized assets of the Pakistani deep state like lakhvi, had only days earlier slaughtered more than a hundred school children in Peshawar (and the terrorist's release at that inopportune moment would have had severe repercussions at home and abroad), was, of course, entirely coincidental or so we were to believe. Additionally, we were also to believe that Pakistani judiciary was indeed an independent institution and that the Pakistani deep state had no role to play in protecting one of its most valued assets. Nonetheless, these ‘suspicions’ notwithstanding, the fact remains that lakhvi had been held behind bars for six years without a conviction and the courts would naturally frown upon the preventive detention of any individual for such a long time. This is where the current UN decision can make a difference.
If the UNSC agrees with the Indian view that Pakistan has violated international rules by bailing out a designated terrorist, who legally cannot receive or give money, then there is a strong possibility that lakhvi may be hauled back to prison. One can also hope that the possibility of international condemnation, stemming from a UNSC resolution, may persuade the Pakistani Government to at least put up a show against lakhvi. Pakistan is already receiving a lot of flak for its counter-terror policies (or the lack thereof) and, therefore, may well decide that putting lakhvi behind bars is a small concession. Notably, the Punjab Government, on Monday, sought an early hearing from the Supreme Court on its April 14 appeal against the lahore High Court's decision on lakhvi.
However, it is important to keep in mind that even if lakhvi is returned to prison that is hardly a good measure of justice being done. Sure, it is an important symbolic gesture — as the galling visuals of the other 26/11 mastermind, Hafiz Saeed, roaming the streets of Pakistan remind us ever so often — but it must not be confused with a real victory against terror. Such a victory will only be achieved when lakhvi and Saeed (and perhaps even their bosses within the establishment) are held accountable for their crimes. But for that, Pakistan will have to prosecute the men in a fair trial, which won't be happening any time soon, UN statements notwithstanding.