The people in the entire Frontier province, in general, and restive Swat valley, in particular, are jubilant over the recently agreed pact between the provincial government and Sufi Muhammad, head of banned Tehrik-e-Nifaz-e-Shariat Mohammadi (TNSM) for enforcement of Nizam-e-Adl (amended) Regulations and restoration of peace in the militancy-plagued Malakand division. Tired of the prolonged wave of militancy and security forces’ operation in which the common population was the worst sufferer, the people have pinned great hopes with the agreement. It is due to their heightened hopes that hundreds of thousands of people took to the streets to accord a very warm welcome to the peace caravan led by Maulana Sufi Mohammad, who has shifted from Dir Lower to Swat along with his followers and common masses with the pledge that he would not return until complete peace is restored in the Swat valley.

The pact also proved the happiest day for the internally displaced people, who immediately after the announcement of ceasefire by Taliban started re-shifting to their motherland. The bazaars and markets that had been presenting a complete deserted look for the past about one-and-a-half year reopened and freshness returned to the gloomy faces of the people affected by prolonged military operations and violence by the militants

The TNSM has long history of struggle for enforcement of Islamic law (Shari’a) in the Malakand division. Founded by Sufi Muhammad, the TNSM also remained under influence of Maulana Fazlullah, a violent religious cleric and son-in-law of Sufi Muhammad, for some time, and it was banned during this period. Having failed to ‘hijack’ the TNSM, Maulana Fazlullah joined the Tehreek-e-Taliban Pakistan (TTP), headed by Baitullah Mehsud, and got involved in fierce militancy in Swat. The government had struck a peace agreement with Maulana Fazlullah also in May last year that could not last long. In fact the security situation in Swat started to deteriorate after that and Maulana Fazlullah became the Swat chapter head and general secretary of the TTP.

The pact if results in peace would certainly be a great achievement of Pakhtun nationalist Awami National Party (ANP) that is leading the coalition government in the Frontier province. Though different circles have been expressing reservations over the sincerity of the ANP, it is certainly a leap forward on part of the party - famous for its secular ideas - towards peace. It is peace for which the party is going even against its ideas. Same was stated by a senior leader of the ANP and Federal Minister for Railways Haji Ghulam Ahmad Bilour that the ANP would go to any extent to bring about peace in the Pakhtun-dominated areas, as a lot of blood of the Pakhtuns has been shed during the prolonged military operation and militant activities in parts of the NWFP and adjacent tribal areas.

At the same time such agreements cannot be favored as last and permanent solution of the issue. The agreement can strengthen the grip of the TNSM and also Taliban if the long term polices are not adopted along side. Local people, however, are looking at Sufi Muhammad as a non-violent person who can counteract the influence of the Taliban in Swat and Malakand division due to his wide spread popularity and support in the region.

To restrict growing influence of the militants, the government needs to opt for comprehensive strategies. First of all, moderate political and social forces should be supported and allowed to work freely in the area on the principle of peaceful co- existence. Secondly, alongside Shari’a Courts, jurisdiction of the Supreme Court (SC) and the Peshawar High Court (PHC) should not be repealed and people should have choice to go to the courts, to which they prefer. To avoid overlapping, the governments can make sure that after getting the decision from one court, both the parties in a case would not have right to appeal or resubmit their case in other court. 

Moreover there is need to detach the TNSM from Shari’a judicial system because if one party becomes dominant in a judicial system it can create rifts among different schools of thought. The Malakand Shari’a Courts should also be a part of the mainstream judiciary. The Shari’a Courts can be brought under Federal Shariah Court, which may have right to appoint or remove any judge. The judges should be qualified from recognized universities and would not have affiliation with any group, which has stakes in the area, as it was already decided in May 1994 agreement between the TNSM and the government. 

Parallel to judicial reforms, the government will also need to strengthen the formal education system to compete with madrasa institution, which is quite popular and is imparting free education to masses. Similarly a strong and impartial structure of police and administration will not only guarantee the peace in the area but also help to reduce dependence on non-state actors for establishing writ of the state. 

There is, however, a pinching worry in the hearts of the common populace that the fresh agreement may not result in failure like the one reached between the incumbent government and militants of Swat on May 31, 2008. But, an optimistic view to this effect is that the provincial government has learnt a lot after the failure of the previous accord, which fell hard on ANP leaders hailing from Swat valley, as more than 100 leaders, workers and their dear ones lost their lives during the turmoil. The NWFP government would certainly have taken the federal government, the security forces and the elements posing threats to peace accord on board prior to inking a peace accord with the militants.

But when all this was happening, and local people were expressing happiness over the possible restoration of peace, the assassination of another working journalist Musa Khankhel in the volatile region caused a wave of shock and concern among the general public. Musa, the third journalist killed in Swat after the start of the military operation, became the first victim after the peace deal. Anyhow, the people are still optimistic about peace. Their hopes are still not shattered. But the government should take prompt and effective measures to prevent similar incidents in days to come.