On their second day in Kabul, Tahir and Warda headed for the Ministry of Defence after breakfast.
Five officials with long beards sat on chairs on an elevated platform. A curtained enclosure separated Warda and the men. One declared that the accused were to be tried by a military court as the case involved crimes against the state. There were sixteen of them, seven of whom were women.
The court gave Warda unlimited time to present her statement, following which they conducted a cross-examination.
“Given the evidence at hand, it is quite clear that the subject location was a meeting venue of the anti-Jihad propaganda-generating elements of the communist government,” stated one judge.
“We decided not to proceed with the verdict after our consulate in Pakistan informed us that a key witness and conspirator would be coming to participate in the trial.”
“Putting yourself in harm’s way to protect your accomplices is, in our opinion, an admirable act,” he continued in a low voice.
Warda characterised the defendants as freedom fighters and Shireen and Bekobod as martyrs in her statements and arguments. In her account of Shireen’s death, she urged the tribunal to bring to trial the individuals who possessed Shireen’s documents following her passing and the owner of the residence they had sought refuge in after their escape from Kabul.
After briefly murmuring, the court adjourned the proceedings until the next hearing two days later.
Their guards led the couple to their sleeping quarters. There was an ominous vibe permeating Kabul, even if there was no shooting or distant explosions of bombs.
Refugees in Pakistan had told her that women wore burqas and were only visible with male relatives who were at least 18 years old. There wasn’t a flurry of movement as students went to and from school.
“I hope we can go out. If I could go back in time, I would have shown you around my school and the university.” Warda wept as she expressed her desire to visit Shireen’s cemetery and spend time there.
“It is a blessing that you are alive and well cared for. Ultimately, you are a key conspirator.” Tahir imitated a judge’s emulation.
“Consider the positive aspects of the circumstance. Given the tough routine of my new job, we have much catching up to do, and we have two full days without work.” To cheer Warda up, Tahir winked at her.
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Two days later, their guards notified them that the court proceedings had been postponed for one week due to legal issues.
The court reconvened after a nine-day break. After reciting verses from the Holy Quran, one judge read from the court’s deductions: “It appears that the previous government of the Mujahideen and subsequently the present government have summarily tried and executed the cabinet members, the president and chiefs of the armed forces, and KhAD.
“Despite being on our most wanted list, one cabinet minister has offered to come to Kabul and deliver his account. He has shown tremendous courage, much like Mrs. Tahir. The delay in this court’s sessions was due to his availability, as he travelled from Europe to Islamabad and then drove to Kabul.
“Please bring Mr Hadayat into the courtroom”.
Warda felt her heart sink. She felt sick to her stomach and on the verge of passing out from the fear of what lay ahead. “Why would he make such an effort to reach his death?” Warda pondered. Recalling the events surrounding Shireen’s death and her covert operations in his house, she couldn’t help but wonder whether he had conspired with the Taliban to exact revenge on her. “I will accept guilt on all counts regardless of the outcome, but in my statement of guilt, I will never once mention Saleha or her mother,” she swore to herself.
“Mr Hadayat, let me remind you that you will restrict yourself to providing the details of this particular case and will refrain from describing or defending your role in other crimes of the communist era.” Another judge stated pretty firmly. “The matter at hand is distinct and will be addressed according to its merits”.
“Warda and her school principal, Shireen, were freedom fighters, risking more than many of you who are judging her,” he said in a grave, uncharacteristically glum delivery.
His account was almost identical to Warda’s but with chilling specifics about his role in the partisan fight and its aftermath. During his final year as minister, he and a small group of his colleagues employed Shireen to leak crucial intelligence to the Taliban. Warda was a courier for her. After word got out about the shootout at the safe house, KhAD agents planted in the minister’s mansion reported that Warda had left unexpectedly the following morning. In response, the chief of the KhAD ordered that the minister and his family be restricted to their house until an investigation could be launched.
In addition, he declared that he was returning to Kabul after an official overseas tour on that
tragic night while aboard a government plane.
During the trip, a covert agent from the Pakistani intelligence agency accompanied the minister
and overheard the pilot informing his copilot that the control tower in Kabul had ordered him to
taxi on an alternate runway reserved for KhAD planes instead of the usual landing strip.
Before instructing the pilot to land in Peshawar, Pakistan, rather than Kabul, the agent quickly neutralised the two KhAD operatives on board, using a dinner fork, grabbed their weapons, and then revealed to the minister that the KhAD had possibly discovered the plot and that they would arrest him upon landing.
Minister Hadayat was adamant about staying with his family and enduring the inevitable repercussions. The Pakistani agent then put pressure on the minister’s carotid arteries till he passed out. According to the other passengers, the agent, with his weapon drawn, shouted to them to restrain Hadayat using the plane’s oxygen mask tubing and their neckties. It was clear to him that the KhAD and KGB would employ any means necessary to coerce the minister into divulging information that would put the spy network at risk.
Meanwhile, in Kabul, Saleha, her mother and several employees were tortured and then executed by KhAD.
In Pakistan, the senior officers in the minister’s entourage shared valuable intelligence with the Pakistani and Western authorities. However, the minister suffered a massive heart attack on learning the fate of his family and remained critically ill till he underwent a heart transplant in Europe after a year.
Warda’s piercing cries abruptly broke the dead silence. The judges became genuinely distressed and utterly bewildered. Images of people unfairly punished due to delayed evidence or multifactorial biases flooded every judge’s mind.
The next witness was the owner of the house that sheltered Saifullah and his family. He recorded his statement, which was briefly cross-examined.
The court was adjourned for a week. The tribunal wanted to consult the Pakistani intelligence agencies before giving a verdict.
Later that night, one of the guards told Tahir that he and his wife were free to roam around the city whenever they wished. They could also visit family or friends in the capital or neighbouring regions. They were provided with a car, a chauffeur, and an escort jeep