Alternate Solutions Institute

News Releases

You are hereYet Another Sugar Crisis (FreePakistan Newsletter # 105)

Yet Another Sugar Crisis (FreePakistan Newsletter # 105)

01 September 2009

OVERCOMING THE GLOBAL FINANCIAL AND ECONOMIC CRISIS:

THE RULE OF LAW AS THE KEY TO ECONOMIC FREEDOM

 

8-10 October 2009

Seam Reap, Cambodia

 

Hosted by the Economic Freedom Network Asia

In collaboration with the Cambodia Institute of Development Study and the Citizen Action Net for Social Development with the support of the Friedrich Naumann Foundation for Liberty

 

The tenth international conference of the Economic Freedom Network Asia will convene in Seam Reap, Cambodia on 8-10 October 2009. It is shaping up as an event that should not be missed.

 

With the current global economic crisis as backdrop, this year’s conference focuses on the current trend of the market governance. The main theme of this year’s conference, Overcoming the Global Financial and Economic Crisis: The Rule of Law and the Key to Economic Freedom, is devoted to the topic of dealing with the global economic crisis. While crises are nothing new, this one is severe and it has exposed some serious flaws in our economic institutions. We need to understand them to see which reforms are needed. We also need to guard against those who use the crisis as a pretext for furthering their own agendas. We will try to explore how to bridge the gap between people’s clamour for action and protection against the effects of the crisis can be reconciled to sober economic analysis. Otherwise we risk wasting huge amounts of resources for little effect, resources that will go to the politically powerful rather than the needy poor. This is why we also focus on the need to understand who is most affected and what should be done to keep them in focus.

 

The conference is a platform for the exchange of useful information, practical techniques and networking tailored to the needs of think tanks, industry, academics and policymakers. Since 1998, it has become the EFN Asia conference’s custom to utilise various forms of comprehensive and interactive programmes. In addition to keynote presentations and panel discussions, this year’s conference will employ the Open Space Technology (OST). OST is a facilitation method which allows participants to identify specific issues, self-select into discussion groups and work on issues with individuals of similar interests.

 

CALL FOR PAPERS

Keynote speakers will address the conference topics. Information on registration and how to participate in panel discussions and exhibitions can be found on the EFN Asia website (at www.efnasia.org). Space is limited so we encourage early submission.

 


  

CONTENTS:
 
 
Quotes of the Month:
 
The great law of culture is: Let each become all that he was created capable of being; expand, if possible, to his full growth.
[Thomas Carlyle]
 
Real freedom means the least government — government conspicuous by its absence — with sufficient power only to protect life, liberty, and property from frauds, thieves, and murderers. Real freedom means the full right of ownership and to make decisions for one’s self and one’s family.
[John C. Sparks, Behind the Facade (1964)]
 
A wise and frugal government ... shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government . . . .
[Thomas Jefferson, First Inaugural Address (March 4, 1801)]
 
In a constitutional democracy, persons owe loyalty to the constitution rather than the government. I have long argued that on precisely this point, American public attitudes are quite different from those of Europe.
[James Buchanan, Speech at Hillsdale College (February 3, 2003)]
 
 
 
Free Pakistan, a monthly newsletter, exists for the promotion of limited government, rule of law, protection of property rights, market economy, individual freedom, and private initiative. Its vision is a free and prosperous Pakistan; for only such a Pakistan can contribute positively to the creation of a free and prosperous world.
 
The Newsletter is an affiliate of Alternate Solutions Institute, Lahore, Pakistan, http://asinstitute.org, the first free market think tank of Pakistan. Urdu website: http://Hum-Azad.org 
 
The Alternate Solutions Institute is a registered, non-profit, non-political, non-governmental, educational and research organization. Its mission is to promote a limited responsible government in Pakistan under the rule of law protecting life, liberty, and property of all of its individual citizens without any discrimination.
 
For more information, comments and contributions, contact the institute at info@asinstitute.org  
 
 
 
 
DISCOVER YOUR POLITICAL LEANINGS! World's Smallest Political Quiz
 
Take the Quiz now and find out where you fit on the political map!
 
 
 
PHILOSOPHY OF LIBERTY
 
What is Philosophy of Liberty? A screensaver by Lux Lucre and Ken Schoolland explains it.
 
 
 
 
By Shahid Kardar
 
[The writer is a former finance minister of Punjab. This article first appeared in The News International on August 22, 2009.]
 
The sharp escalation in the retail price of sugar in just a few weeks has the media and consumers up in arms claiming exploitation by mill-owners at the expense of the hapless population and castigating the government for meekly surrendering to the same sugar industry that it had blamed for hoarding and of which it made great fanfare through much-publicised raids of their godowns. This is not the first time there is a crisis in the shape of an abrupt upward movement in the price of sugar, complaints of holding back of stocks by the industry and the government's incompetence in tackling the fallout of a poor crop and being easily blackmailed by mill-owners.
 
This article tries to piece together the facts and also examines the real underlying issue that enables some sub-sectors of the industry to continue to prosper at the expense of Pakistani consumers without any improvements in efficiency and productivity that in cases of other sub-sectors of the industry has enhanced quality and reduced prices in real terms.
 
When we assemble the facts as to why we find ourselves in this unholy mess that could have been avoided, we discover that there was a shortfall of over one million tons in our sugarcane crop. What made matters worse for the domestic price of sugar was the lower production of the crop internationally, especially in Brazil (the largest producer) and neighbouring India, because of adverse weather conditions. Whereas these outcomes were known, or at least should have been in the knowledge of the government, it simply sat on its haunches allowing the build-up to this chaos, reflecting the sheer disarray in decision-making. Thanks to the revolution in micro-electronics and telecommunication technology information on what's happening in the world is available on a real-time basis. Hence, there can be no excuses for inability to plan for such eventualities on a timely basis. The ECC could perhaps even argue that it had taken a timely decision to import adequate quantities of sugar well before its price in global markets began to rise. That this decision was not implemented could be a combination of a) flawed policy that stops the private sector from importing food products (through high import duties to protect local production or other policy measures that restrict their imports only through the government-owned TCP); b) funds not provided to the TCP for importing sugar on a timely basis (before its international price began to firm up), either because of lack of availability of adequate finances, poor planning or long-winded procedures governing the release of funds; c) the desire to ensure that domestic farmers get a good price for their crop (considering many of the key decision-makers are large farmers themselves); and d) the lobbying efforts of the sugar mill-owners (most of whom are either legislators themselves or extremely well-connected to the corridors of power) who could see the opportunity to make a killing and who were assisted in their designs by the State Bank's instructions to banks that permitted hoarding through extension of credit limits against stocks held.
 
The media has raised a hue and cry on how the cartel of sugar manufacturers and their dealers manipulated government decision-making to ensure that the bulk of the gains from the higher international price of sugar and the sizeable gap between the domestic supply and demand for sugar flowed into their coffers since most of the farmers, excepting the large and influential ones in parliament or those with clout otherwise, did not get a price significantly higher than its support price. This brings us to the issue of the flawed government policy and its abject failure to perform what should be one of its principal roles, regulation with efficiency and alertness.
 
The reality is that Pakistan is one of the most inefficient growers of sugarcane -- our yield per acre is only 40 per cent of that of the most efficient producer of the crop worldwide. Against the highest yield of 48 tons per acre ours is a miserable 19, compared with 28 tons in the case of China and 24 tons for India. Whereas our yields per acre in most other crops are also lower, in none of the others is the gap so large, suggesting that we should be growing other crops instead on the same land (like fodder, maize, bajra and lentils or even shift to wheat earlier so that yields improve). Moreover, it is also a heavy user of what is fast becoming a scarce resource, water.
 
As for the sugar industry it is able to operate as a cartel, like the manufacturers of cement and milk and the assemblers of automobiles purely because of the failure (some would say connivance of successive governments) to allow markets to function and, in its duty as a regulator, to ensure adequate competition in the system. As the sugar industry continues to be heavily protected (hiding behind farmers is a convenient excuse for the retention of high import tariffs) it can form cartels to fleece consumers. The only way to ensure that consumers pay a fair price is by subjecting this industry to competition from imports. The best illustration of what competition can do to prices if markets are allowed to function is the case of the mobile phone operators. Before others entered the market Mobilink (and PTCL) was charging almost monopoly prices. The advent of other service-providers has unleashed a healthy competition. As consumers we have all benefited from the dramatic reduction in prices and better quality service. So, the only way to tame the sugar-producers is to open up our markets and reduce the level of protection that they enjoy. This child has been protected for far too long. It has simply not grown up, and has become an obese midget. It also thrives because it has within its midst powerful political players. Most of them would die when exposed to international competition but no one would turn up at their funeral since consumers would be better off and scarce resources would be diverted into avenues on which the returns would be higher to the domestic economy.
 
Hence, it is time to re-think the future of our cropping pattern and the need for a sugar industry which continues to be heavily protected from external competition. We should seriously consider shifting scarce resources away from this crop and industry, since importing this commodity would be a much cheaper proposition, especially if we open up trade with India. The first step to achieve this objective, which would also send a clear signal to sugar barons to behave themselves, would be to put sugar on the free list -- allowing anyone to import it -- and reduce the customs duty drastically. [Courtesy The News International]
 
 
 
By Huzaima Bukhari & Dr. Ikramul Haq
 
[The writers, tax lawyers, are members of visiting faculty of Lahore University of Management Sciences (LUMS). This article first appeared in The News on Sunday on August 02, 2009.]
 
Civil servants' performance reflects the performance of government. Your role must be that of enablers and facilitators rather than just regulators
 
(Prime Minister, Yousaf Raza Gilani, addressing 90th National Management Course and 5th Senior Management Course at National Management College Lahore on July 25, 2009.)
 
Since independence, all efforts to reform civil service have failed. Numerous committees and commissions were constituted to suggest ways and means -- including rationalising pays and perquisites of employees -- to bring fundamental reform in this important institution, but their recommendations remained on paper. There has always been strong resistance from bureaucracy for change -- essentially it is pro status quo and mediocrity. Change and innovation threatens rule of mediocrity and sycophancy, which our bureaucrats are famous for.
 
The other day, a powerful officer in Federal Board of Revenue (FBR) was complaining about the "rude behavior of politicians". He was unhappy about the financial deal (double salary) given to him vis-à-vis "large sums of money" spent on elected members of the parliament. According to him, the total expense of salary, allowances, perquisite and benefits for an MNA is around Rs32 million and for the entire house about Rs85.44 billion per year. He was of the view that corrupt, incompetent and inefficient politicians are responsible for the present state of affairs in the country.
 
The politicians on the other hand think that bureaucracy is the root cause of all ills. They claim that a secretary of government costs at least Rs500,000 per month to the national exchequer with lots of other facilities and perquisites in kind. If rent-free accommodation given to him in Islamabad alone is evaluated on market basis, the benefit is not less than worth Rs150,000 per month. In addition, he exercises unfettered powers and defies the orders of elected members of parliament and sometimes even those of ministers.
 
It is a sad fact that expenses on monstrous establishments -- federal and provincial -- are astronomically rising. The following details may be an eye-opener for many -- certainly painful for the honest taxpayers which now include poorest of the poor paying 16% sales tax on almost everything -- who are fleeced for the luxuries of the mighty government servants, politicians and the rich:
 
Out of total consolidated current expenditure of Rs2066 billion for fiscal year 2008-2009 of federal and provincial governments, the amount spent on perquisites and benefits of government servants was enormous; Federal government spent Rs140 billion, Punjab Rs55 billion, Sindh Rs40 billion, NWFP Rs17 billion and Balochistan Rs12 billion.
 
100 high ranking officers in federal and provincial governments inhabit 12,644 kanals of land for their palatial residential buildings. Sitting in these palaces, they behave like Gora sahibs deciding the fate of the hapless Pakistani people on the streets.
 
Majority of government functionaries lives beyond means spending far more than salaries it receives.
 
There is an urgent need for right sizing -- closing down of all the unnecessary departments, divisions, sub-divisions and allied paraphernalia of government apparatus (see detailed list of such offices in article by Dr. Farrukh Saleem in The News). The list is long and astonishing. At Constitution Avenue, Islamabad, one can count 30-50 useless government establishments that are doing nothing but have imposing buildings and huge staff. The same is true everywhere -- in all parts of the country one finds government offices, overstaffed, wasting money and time and making the lives of the citizens difficult. This is in a nutshell the story of our civil service -- the worst remnant of colonial legacy not ready to surrender its power, perquisites and benefits.
 
Living in sprawling bungalows with an army of servants, the top bureaucrats are least pushed to know how the common man is living -- even totally indifferent towards fellow low-paid employees. They make policies while sitting in their air-conditioned rooms for poverty alleviation! The other day, FBR issued rules making mandatory e-filing of statements and returns for small business houses without realising the non-existence of internet facility at remote places and even in cities for want of electricity supply.
 
Such measures indicate that the democratic form of governance is an alien concept in our peculiar milieu. State is run and controlled by a civil-military bureaucracy that has evolved for the worst -- crueler than the colonial masters -- since independence and political elite least concerned for democratisation of governance. Our bureaucratic structure is worst than many developing countries where decentralised governance has brought tremendous benefits for the people at grass root level. In many Latin American countries e.g. government officials get their emoluments in cash, share accommodation with fellow citizens, use public transport and their children attend public schools. Our elitist system has made civil servants masters. On the one hand, low-paid government employees hardly meet both ends and on the other, their bosses live like kings.
 
Democratisation of governance is the solution if we have to progress. The first and foremost step should be doing away with huge government machinery [see the detailed recommendations by Dr. Ishrat Hussain, Shahid Kardar, Nadeem Ul Haque and many others]. Complete overhauling of civil service is a prerequisite for democratic governance. The reforms should be all pervasive, but as a necessary step all perquisites and benefits of government employees should be monetised. The State must withdraw all facilities like houses, cars, servants and telephones etc. The perquisites in kind should be monetised. Let the government servants -- especially the senior bureaucrats -- live amongst the ordinary citizens of Pakistan and not in privileged enclaves like the GORs. This will give them real insight for formulating pro-people policies. They will comprehend the real problems of the ordinary folk.
 
By living in separate colonies and bungalows they are alienated from the common people. This culture has to be changed. The purpose is not only saving billions of rupees on the maintenance of colonial-styled huge bungalows, but also utilisation of these lucrative and expensive properties for some productive purposes. There is no need to maintain huge transport pools and army of drivers. Civil servants must use public transport, and if it is not worthy of them why should the masses be condemned and compelled to use the same?
 
Government servants should take residences on rent just as other citizens do after their entire pay structure is revised accordingly and fringe benefits/perquisites are monetised. They should get cars on lease or go to offices by public transport if they cannot afford lease rentals. This will be the starting point of change in society -- dawn of democratisation of governance, making all the citizens at par having access to equal opportunities or equal sense of deprivation. Those who manage and perform State functions -- civil servants -- must be made part of the masses. Once this is done, the politicians will also have no excuse or justification to fund their luxurious living from taxpayers' money. One hopes that the Pay and Pension Commission, constituted on April 6, 2009, under the chairmanship of former Governor of State Bank, Dr. Ishrat Hussain, will consider these recommendations while finalising its report, expected by the end of September 2009. [Courtesy The News International]
 
 
 
By Dr. Khalil Ahmad
 
[The writer is founder/head of the Alternate Solutions Institute, Pakistan’s first free market think tank.]
 
After military might, religion is the greatest alibi to defy the rule of law in Pakistan.
 
One of the most precious achievements of human civilization is the value of rule of law, as against the rule of man, ideology or faith. Herein is implied an inherent regard for the life and liberty of each person, his right to profess and practice any religion; in sum his right to live a life of his choice. It is as simple as that – that as against man, ideology and faith, rule of law is tolerant and accommodative of all creeds and all cultures, i.e. to all the individual differences of mind and body found in human beings. It looks upon each and every person as by birth endowed with certain inalienable rights, treats him as equal and without any discrimination; it provides equal protection of law to all; it gives every person right to be prosecuted under due process of law and prove himself innocent. That bestows the rule of law with an over-riding status.
 
Human history is replete with examples of rule of men, ideologies and faiths. At its best, it is the story of such men warring against each other and killing each other mercilessly in order to impose their ideologies and faiths on others. As we gradually learned to live together with each other’s differences intact, the recent history came to look much different from those bloody days. However, there still exist some blots on the world map that reminds us of that old world torn apart by the differences of culture and creed.
 
As since 1947 to this day, military might made fun of rule of law with intermittent civilian governments also manipulating the law to their purposes, and as in the absence of rule of law the religious groups, parties and institutions found a vacuum sufficiently fertile to their flourishing, Pakistan was degraded into an elitist anarchist state.
 
Surprisingly, the six decades of our history narrate, on the one hand, a gloomy tale of the retreat of the forces which should have supported and established rule of law in Pakistan, and on the other, the continuous offensive of religious entities on everything un-tasteful to them and even on law itself such as during the regime of General Zia-ul-Haque. In a sense, these decades provide a kaleidoscopic vision of ever increasing interference of military and religious factors in the polity of the country. How they got married finally was but a natural end of their love affair!
 
Initially, it was in the wake of the Objectives Resolution that rule of law suffered its first casualty. Then, the very concept of law and constitution was repeatedly hammered equally both by military-men and politicians. It was down into 1973 when first elected assembly adopted a constitution. In between took place religious riots of 1953 on the issue of Khatm-e-Nabuwat. Also, now and then the flame of sectarian hatred and violence kept erupting.
 
Actually, both dictators and civilian rulers used religion and religious entities un-sparingly to strengthen and prolong their governments and to promote their elitist interests, and obviously, at the cost of constitution, rule of law, and fundamental rights of the citizens; so much so that these values did not remain part of whatever little political discourse we had. The damaging nature of successive military takeovers and decades of their coercive rule on the one hand and incompetent, short-sighted and self-seeking politics of manipulative temporal civilian governments on the other can be gauged by the proverbial falling standards of education. Not only was the quality of education but academic freedom and excellence were also sacrificed at the altar of ideological slogans. That turned educational institutions into hotbeds of ideological recruitment for religious entities. While teachers, learners, and researchers disappeared from the academic scene, an army of ideologues infested the intellectual environment to say the least.
 
What started during the last days of Pakistan Peoples Party’s government (1973-1977) General Zia-ul-Haque’s dictatorship actualized it to its peak! In order to save his and his government’s skin, Zulfiqar Ali Bhutto, in utter disregard of the constitutional values, ceded much space to religious entities. That may not be the case, since PPP has always been one of the most opportunist parties, and it was just in his government’s early years that via a constitutional amendment in 1974, Qadianis were declared a non-Muslim minority. Instead of promoting the “progressive and liberal” agenda as he and his party claimed, he and his party’s politics and style of government infused new blood into almost defunct religious entities. It seems General Zia-ul-Haque’s declared agenda had its roots in the policies of its predecessor PPP government!
 
It is under the dictatorship of General Zia-ul-Haque that state, government and religious entities merged into one. Everything got a check-up, if diagnosed negative, declared so, operated upon, and made to look and behave as he and his team of ideologues wished them to. A wholesale process of Procrustean-ism was unleashed that still continues mostly unabated. The US-sponsored Afghan Jihad against the Reds proved like manna from the heavens. On it nourished the nonentities and became leviathans of tomorrow, the Jihadis of today, the Taliban.
 
Again another General who imposed himself as the enlightened one, in fact supported the Taliban whole-heartedly until the 9/11 came like a bolt from the blue, and he abandoned them half-heartedly to be kept on board clandestinely. General Musharraf’s dictatorial rule is the worst in the history of dictatorships in Pakistan. No one more than him caused irreparable disfigurements to the constitution, rule of law, and fundamental rights. He by using the launching pad provided to him by General Zia-ul-Haque threw Pakistan away into a wilderness of anarchy where Taliban and their covert and overt supporters seem to enjoy the sway. In other words, it meant the death of the constitution, rule of law, and fundamental rights of the citizens of this country.
 
This cursory look at the phenomena of rise and arming of the religious factor coupled with its support from the military section and political parties shows how instead of bringing it into the fold of law the religious factor was appointed against the values of rule of law and fundamental rights. On the social side also, it’s sort of a daily experience how religious entities and personalities defy law and rule of law. Not only they seem to have an inherent disregard for law and rule of law, they cultivate and promote it in the coming generations also to the best of their abilities.
 
It’s a matter of common observation how from a mosque to a madressah no respect for the law of the land is shown or taught. The irony of fate is that both military and civilian politics (this includes the quality of their governments also) encouraged this religious disregard for the law of the land. As far as religious factor is concerned, never ever was it made to behave according to, and abide by, the law. Probably the greatest tragedy that happened to Pakistan is that religious factor decisively succeeded in putting everything on defensive. How under such circumstances a value like rule of law could take root? Thus, what happened in Gojra is not un-expected.
 
Yeah, the new born Supreme Court has started the process of setting things right, but it will take time, and, no doubt, it is not the duty of the Court to maintain law and order and protect life and liberty of the citizens of Gojra be they Christians, however it must take notice of the criminal lapse of the administration and the law enforcing agencies due to the negligence of which lawlessness in the name of religion was let lose in Gojra. Aren’t those whom law invests with the duty of protecting life and property and rights of the people without any discrimination of creed, equally responsible for the arson, loot and murder of Gojra citizens as those who actually committed these crimes? They all must be indicted equally guilty. Obviously, where there is no accountability, there is no hope! If the court does not come to the rescue of the religiously discriminated and persecuted as in the case of Gojra, there will be no hope for the rule of law either. Let the Supreme Court decide what the over-riding value in post-restoration Pakistan is!
 
وقت کرتا ہے پرورش برسوں 
 حا دثہ  ایک  دم   نہیں  ہو تا
 
 
 
 
APPEAL TO MEDIA
[Nadeem Ul Haque]
 
Dear all, you are managers of media. You should be concerned with the fact that the Punjab government can block of a whole area such as GOR, close down major thoroughfares, destroy homes. Traffic will get worse. Emergency vehicles will not get around town as fast.
Even the White House has not been able to close off any access to residents. Downing Street through terror through world wars did not do this. And can never do this.
 
Should these people be allowed to get away with this? Where will it end--this arbitrary power.
 
Blocking off streets is something even kings could not do. Here these petty officials can do it at their will.
 
The middle of the city with major thoroughfares being walled off...sections of society being locked out....are we concerned?
 
I urge you to make this an issue on the media. Arbitrary power must be checked if we are to make progress.
 
I remember Faisal Dara died on the canal because some bureaucrat did not want trucks on the canals and put up barriers on the canal. The poor kid (bright 17 year old) coming back form Aitchison games hit the barrier because it was bang in the middle of the road and died. The media was not free and we do not even remember Faisal. 
 
I also remember Shah Khuram who too was 17 years old. Died on Jail road because again some bureaucrat did not want people crossing jail road and put up barbed wire on the wretched median (why we need medians and to put barbed wire on it). He was ripped by the barbed wire. No one questioned the barbed wire. A young life lost in vain to arbitrary power.
 
The media did not even report those incidents then. No heads rolled. No one remembers those 2 lives lost to arbitrary unthinking authority.
 
Today you are free Hope u will take it up. Why should arbitrary privilege go unchecked?
 
This is why I say monetize perks. Government should not provide houses.
 
MY VISIT TO SWABI: RED CRESCENT & UNHCR CAMPS COLONY
[Shaista Kazmi]
 
By awaam: Sawabi is one of those cities where a large number of IDPs have taken shelter after fleeing from the restive areas. International organizations, local NGOs and government institutions have gathered there to perform the relief activities after the huge displacement occurred as a consequence of the military operation in Swat. There are complaints from IDPs that situation is much worse than other relief camps that are mainly managed by local government authorities. As a part of our assessment about the plight of IDPs we decided to visit Sawabi where both UNHCR and RED CROSS are running the relief camps for the IDPs. It took me almost one hour and 45 minutes to reach Sawabi from Rawalpindi. The camps are situated at a distance of 3 kilometers from Sawabi interchange on the motorway. The camp colonies on the both sides of road accommodate approximately 20,000 displaced people. When I stepped out of the cab (especially hired for the purpose), barefooted children welcomed us, asking for chocolates and ice creams. It was a very hot day and the sufferings due to harsh conditions were written all over on their faces.
 
 
 
 
 
WHAT A LAUGH!
[Khurshid Anwer, Lahore]
 
We had not stopped laughing after President Zardari said: "Gillani is a strong PM", when another hilarity has hit us smack in the face - Raja Pervaiz Ashraf, Jehangir Badar, Qamar Zaman Kaira, Babar Awan, Qaim Ali Shah, Naveed Qamar, Rana Aftab Ahmad, to name a few of the thinkers, are to form a PPP Think Tank. More like a Tank full of 'Yes Men.' Is any one of them capable of expressing an independent thought on any subject in the presence of the Head Honcho. I can just imagine the 20 of them sitting around a table, elbow on the table, palm on the forehead, in the pose made famous by Allama Iqbal, trying to Think. How much more hilarious can things get. In any case what have they been doing so far? [The Frontier Post]
 
90 PER CENT DEAD
[Dr Irfan Zafar, Islamabad]
 
A government spokesperson is quoted as saying that Baitullah Mehsud is 90 per cent dead. Doesn't this sound like "I am approximately pregnant?” [The News]
 
FACILITIES FOR MPS
[S. Hasan, Karachi]
 
It is gratifying to learn from the report (Aug 9) that the Senate Standing Committee on Law, Justice and Parliamentary Affairs unanimously approved a bill seeking facilities, including retention of blue passport for the retiring parliamentarians. Who says that our parliamentarians are sitting idle and doing nothing? One should also appreciate and express gratitude for demonstration of such rare unity for a great national cause. Not long ago they approved an increase in their salaries and perks. Now that they may not have any other business of national interest on hand, they should ask the government to develop VIP/VVIP graveyards for themselves as it is improper to bury our parliamentarian in the graveyard for commoners. [Dawn]
 
BENEFITS OF LOADSHEDDING
[M S Hasan, Karachi]
 
This refers to a very ‘enlightening’ letter by Sheikh Muhammad Farooq highlighting and elucidating the many benefits of loadshedding (July 23). Mr Farooq has come up with the most novel and ingenious idea as to how the millions of Pakistanis, sizzling under 45 degrees heat can enjoy the ‘blessings’ of loadshedding, have a sweaty ‘sweeter’ sleep and reap the many material (much-reduced electricity bill) and spiritual (tolerance, remembering and emulating one’s forefathers) benefits of the massive and prolonged hours of power outages. Before this brilliant idea of Mr Farooq is stolen by the likes of the ministry of power, PEPCO, NEPRA and becomes a plagiarised theme of a PEPCO TV advertisement, propagating and promoting the benefits of power outages to the nation, it is sincerely suggested that Mr Farooq gets his idea registered under the intellectual property rights law.
 
And if he really wants to enjoy a sweatier and sweeter sleep, I would earnestly and sincerely suggest that he relocate to either Jacobabad or Sibi during summer and reap the blessings of 50 degrees heat and 18 hours of power outages. [The News]
 
INSANITY
[Dr Irfan Zafar, Islamabad]
 
Insanity is sometimes defined as “to keep doing the same thing again and again and expect different results”. Isn’t this exactly what we have been doing in all spheres of life since our inception in 1947? [Pakistan Observer]
 
 
 
 
WILL RENTAL POWER PLANTS END ELECTRICITY CRISIS?
[Aqil Sajjad, Boston]
 
The current power crisis is partly due to the low generation capacity, but the main source of the electricity shortage is the unpaid amount owed to the independent power producers. These IPPs produce electricity at the rate of about Rs7 per unit, which the government has apparently been failing to pay, and hence the excessive loadshedding. The rental power projects being started by the government will cost about Rs14-15 per unit. The question is that when the government can't pay Rs7 per unit to the IPPs, where will it find the money to afford about twice as much to buy the rental power? Is the government deliberately prolonging the power crisis in order to benefit its cronies in the name of meeting the power shortage? And why is the opposition nearly silent?
 
Another question the government needs to answer is what it is doing to completely open up the power sector to anyone who can generate electricity and sell it to WAPDA, such as the sugar mills. By allowing reverse metering, the government can really encourage people to install things like wind turbines or solar energy panels and generate a fraction of their electricity at home themselves. At times the electricity consumption may be less than the power being produced by the home unit, in which case it can be transferred to the power grid, with the home owner getting a deduction from his power bill for it. While companies selling electricity to WAPDA at overly expensive rates might not be too excited about reverse metering, this is a need of the hour for the people. With everyone allowed to generate power, the room for corruption and kickbacks in shady deals for power generation contracts would also be drastically reduced. Why no member of parliament is pushing for reverse metering is a question we need to be asking. [The News]
 
DIMENSIONS OF POWER CRISIS
[Khursheed Ahmed, Karachi]
 
The CEO of the Karachi Electric Supply Corporation, Mr Naveed Ismail, has said that apart from the theft of power in the ‘no-go’ areas of Karachi, several industrialists, bureaucrats and politicians were also involved in the theft of power from the grid, and were using their influence to ensure that they continued to do so. This is a serious issue, as hundreds of megawatts are stolen off the national grid by such elements as well as common people. And then in these very areas, where electricity theft per capita is extremely high, protests are held and public property destroyed when there is load shedding. Perhaps these people should first get legal connections and pay their bills before moaning about load shedding. Also, most of the poor and middle class people of Pakistan who pay their bills on time and do not steal electricity have to suffer from the behaviour of this minority.
 
While this theft must be curbed, one also has to wonder about the circular debt, as that is the main reason we have load shedding right now. Also, who is going to make FATA pay the billions of rupees it owes the government; given that no one pays their bills there? This is a multi-layered crisis that will require a multi-layered and swift response. [Daily Times]
 
NEW POWER UNIT
[Omar, Mardan]
 
A new power unit, near Lahore was commissioned on Saturday. The question is why older units such as Southern and Japan Power or others’ are not being utilised and why prefer to build new IPPS and more of rental units? A highest level judicial enquiry must be instituted to clear misgivings in country. [Pakistan Observer]
 
 
 
Issue of the month: Marching along
 
A SUPREME VERDICT
[Aqil Sajjad, Boston, US]
 
Finally the PCO judges are out. This was the unfinished business of restoring the judiciary to its pre-Nov 3 status, and today, we can fully celebrate the victory of the lawyers' movement. In addition to a stinging indictment of Musharraf, it is also a big blow for the PPP, which was on board with Musharraf. This was the reason the PPP government did not interfere with the Dogar court. There were those who were actively involved in the movement when Musharraf was in power, made passionate speeches about the independence of the judiciary, and demanded the unconditional restoration of Iftikhar Chaudhry. But as soon as the PPP came into power and its opposition to the restoration of the judiciary became clear, they started coming up with all kinds of twisted arguments against the continuation of the lawyers' movement. They suddenly started finding faults with Chief Justice Iftikhar Chaudhry, claimed that he had become politicised, argued that the lawyers' movement had become rightwing, insisted that this was now a PML-N project for overthrowing the PPP and coming into power, and last but not the least, used the PPP's favourite scare-mongering tactic that taking to the streets would result in a military takeover.
 
Fortunately, civil society did not listen to them, the movement continued without these PPP B-teams, and today, the judiciary has finally been restored to its pre-emergency status. With the judiciary restored, one hopes that the PPP and its B-teams have learned a lesson from all this, and will hopefully show better adherence to principles in the future. One also hopes that the judiciary will zealously guard its hard-fought independence. [The News]
 
PRINCIPLES OF JUSTICE
[Dr. Zafar I. Qureshi, Lahore]
 
I had read with deep interest the article by Irfan Hussain (August 15) based on the conversation that he had had with a friend Robbie. The discussion was based on the principle of justice and rule of law and due process in public policy choices. The dilemma between moral absolutism and moral relativism had been faced by rulers from probably time immorial. Most of the time fair and foul means are employed by policy makers to justify their parochial ends. Human Rights abuses and violation are paid scanty attention in making policy choices. The issue of how to deal with violations of rule of law, terrorism and heinous crimes and to protect Human Rights will continue to baffle policy makers.
 
To provide justice and to adopt the due process are contingent upon two important premises: Governance system that is underpinned by transparent institutional processes which curb rulers tendencies to use discretion in dealing with situations bordering on violation of rule of law and on a judicial system that is independent of all kinds of influences and free from corruption as well. Both these ideals are far from reality in the context of many developing societies Pakistan being no exception. Having said that one would like to stress the point that rulers should not be given a carte blanch to deal with different degrees of situations involving violations of rule of law. This would require major kludging of our present governance system as well as cleansing of the judiciary from judges who can’t withstand pressures and material temptations while giving their verdicts.
 
Baitullah Mehsud’s case is not a case of ordinary crime or a simple break of a state law that required that he should be given the opportunity to defend himself. His was a case of insurgency against the state which no state including the ones like the UK would tolerate. So we need to make a clear distinction between crimes that must be dealt with by the codal laws of the state and activities involving terrorism against ordinary citizens of country. Yes, one feels sorry for the wife of Baitullah but then about those innocent lives which were lost due to the heinous crime committed by this man. This was not a simple case of civil or criminal law. On the contrary it was a case of a Man who had gathered around him forces of darkness and who wanted to push the country in an era in which only the law of jungle will prevail.
 
So in my view there should be no confusion in discerning between where moral absolutism and where moral relativism will apply. It is not merely a question of philosophy. However, when I say this I am in no way condoning the common abuses of Human Rights which are practiced by rulers of developing countries like Pakistan. We surely need to put in place institutional processes in which people can place their trust and which have credibility with the ordinary citizens. For this we need credible and legitimate leadership. Dictatorial rules don’t offer such choices. Therefore, we must religiously guard our fragile democracy and push it towards a governance model that ensures rule of law and an independent judiciary whose sustainability shall not depend on Human Rights violations and extra-judicial killings. [Dawn]
 
APPOINTMENT OF JUDGES
[A prisoner, Rawalpindi jail]
 
I have already spent over eight years in prison and have suffered a lot at the hands of the administrative and judicial systems of Pakistan. To get justice in our country is a life-time effort, in fact a painful experience. It needs a book to cover all the accounts of the mess that the above-mentioned systems have become. At the moment, I would like to request the authorities concerned that they should appoint judges in accordance with the recommendation of the Lahore High Court. Let the independent judiciary blossom because it is in the interest of the present as well as the coming generations of Pakistanis. Opinions are socially constructed realities. Instead of tinkering with the judiciary, why not focus on good governance? Remember, today's rulers may become tomorrow's under-trial prisoners. [The News]
 
THE JUDGMENT AND AFTER
[Aslam Minhas, Karachi]
 
The Supreme Court judgment of July 31 declaring the Nov 3, 2007 action of Musharraf as invalid and supra-constitutional is welcome and it has raised the nation’s confidence level in the judiciary. There is euphoria in the air. I have witnessed the rise and fall of Ayub, Yahya, Zia and Musharraf; I also know a tidbit of history: not the one being taught in schools and academia. One thing I noticed that our quality of dictators deteriorated from one to the next. From Ayub to Yahya to Zia and Musharraf, one can discern a steep decline in the leadership. There is a paradigm shift -- from moderate to immoderate; from mild to harsh and outright cruel to the populace.
 
Moreover, over the time our rulers became subservient to the interests of the West. The big question is whether the judgment can help to stop such saviours. In the Asma Jilani case against Gen Yahya Khan, the Supreme Court declared him usurper and recommended deterrent action against him. The verdict could not prevent Zia in 1977 and Musharraf in 1999. We must also remember the current judgment has not touched the real issue, that of Oct 12, 1999. Let us not kid ourselves. The leading party leaders have so far praised the judgment but observed an eerie silence on any further course of action. The Aug 3 session of parliament was subdued, ‘business as usual’ and lacklustre. The ruling elite have not shown eagerness to take up the judgment and go ahead with the real task, censuring the accused and seeking a trial for him. The legal community has played its role (by no means finished) and so has the media by awakening the general public.
 
The exception is the political community: it has not risen to the occasion. Remember, our textbooks laud Ayub, Yahya, Zia and now Musharraf as heroes to be emulated; can this parliament go against the ‘make-believe history’ of Pakistan? We have to wait and watch parliament proceedings. I hope and trust the parliamentarians will deliver as the proverbial ball is in their court. [Dawn]
 
HISTORIC VERDICT
[Shoaib Ahmed, Karachi]
 
While the entire nation has welcomed the Supreme Court’s verdict that the actions taken against the Constitution by General Pervez Musharraf on November 3, 2007 were unconstitutional and illegal, it is now up to all institutions of the state to prevent any repeat of the past as far as military interventions are concerned. While the dictators who overthrew constitutional governments were certainly in the wrong, it is a situation where everyone has to share the blame. For example, the last coup happened after eleven years of terrible performance by successive elected governments. The lack of efficiency, transparency and honesty by the politicians did much to alienate the public and damage their faith in democracy.
 
After the February 2008 elections, which were highly successful because people were willing to give democracy another chance, it is again up to the politicians to ensure that they perform their duties well and help the people. The judiciary has done its job to interpret the constitution as far as the actions of the dictator were concerned; now it is up to the elected leaders of the people to do their job in parliament. One hopes they will be successful. Further, as far as Musharraf is concerned, one fears that the military will not let one of its own be dragged through the courts and humiliated. Chief Justice Chaudhry has very wisely said that it is up to the parliament to decide the next course of action. One feels that in this case, perhaps it is best to move forward and let sleeping dogs lie.
[Daily Times]
 
ADJOURNMENT OF CASES
[Ehtesham Siddiqui, Islamabad]
 
Justice delayed is justice denied. In most cases the delay is unnecessary or deliberate and ill-motivated. A full court meeting of the Supreme Court has decided to allow adjournment of cases only in an ‘extraordinary situation on pressing reasons’. It also suggested imposition of cost and penalty to discourage frivolous or false cases (Aug 4). The recently-approved National Judicial Policy is also aimed at quick disposal of cases for clearing the backlog. The suggestions and decisions of the full court meeting, as well as of those incorporated in the judicial policy, pertain to mostly superior courts. The bulk of the cases is adjudicated in lower courts. A very low percentage of these cases reach the higher forum of our judicial system.
 
It would, therefore, be proper if the lower tier of the system is taken care of and reforms are made on a urgent and preferential basis. Apart from the fact that our courts are short of judicial officers, another reason for delays is the psyche and impulse of our people to go for litigations in matters which could be settled out of the court. Yet another aspect of our judicial system needs attention. Cases are adjudicated on the basis of available evidences. Ironically, there is an underground network of witnesses in and around the premises of our courts and an ‘eye-witness’ can be hired anytime and anywhere. Since the full court meeting has suggested imposition of cost and penalty on a false litigant, it is also necessary to exterminate the menace of ‘professionals’ in the witness-box. A false and paid witness must also be treated like that of a false litigant and penalised accordingly. [Dawn]
 
INDEPENDENT JUDICIARY
[Nofil Mir, Islamabad]
 
While the lawyers’ movement won a great victory in getting Chief Justice Iftikhar Muhammad Chaudhry and other judges of the superior judiciary restored, the real work begins now. While one can safely claim that the upper echelons of the judicial system of Pakistan are independent and not prone to the kind of intimidation and attacks that we saw during the Musharraf ear, the real issues lie at the lower judiciary, where the common Pakistani goes to seek justice and is exploited by everyone in the system. At nearly every step, the common Pakistani is faced with demands for bribes. Further, the system is so understaffed and inefficient that even if everyone was honest, the backlog would continue to expand. In this light, the judicial reform policy recently presented is a step in the right direction. One hopes that the judiciary is successful in implementing this internal set of reforms, as it would not only aid in improving the efficiency of the system, but corrupt will be reduced too.
[Daily Times]
 
MAINTAINING DISCIPLINE AT WORKPLACE
[Parvez Rahim, Karachi]
 
Maintaining discipline at workplace is most crucial for the prosperity and well-being of an organisation. Lack of discipline in an establishment adversely affects its productivity and hampers the progress. Statutory provision relating to handling of discipline in industrial and commercial organizations is contained in the Standing Order (SO) 15 of the Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance 1968. Under Section 1, the SO 15 is applicable to commercial establishments wherein 20 or more workmen are employed and to industrial establishments employing 50 or more workmen. Due to high importance assigned by employers to this subject a number of training institutes in the country offer training courses on handling of discipline and holding of domestic inquiry. SO 15 describes 12 types of acts and omissions which constitute misconduct. The list is comprehensive but the following six occur commonly;
 
a) willful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;
b) theft, fraud, or dishonesty in connection with the employer’s business or property;
c) habitual absence without leave or absence without leave for more than 10 days;
d) habitual late attendance;
e) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;
f) habitual negligence or neglect of work;
 
SO 15 also provides that where, for the purposes of conducting an inquiry into the alleged misconduct of an employee, the employer considers it necessary, he may suspend the employee concerned for a period not exceeding four days at a time. This period may be extended by four days each time but the total duration of suspension should not exceed four weeks. In this regard the general opinion is that the employee may only be suspended after the receipt of his explanation to the charge-sheet by the employer. However, under the revised law an employee has to be paid full salary for the period of suspension. Hence, in my view, he may be suspended simultaneously with the issuance of charge-sheet. The presence of an employee at workplace who is accused of riotous or disorderly behaviour will not be desirable for the safety of his colleagues and others.
 
Similarly, an employee guilty of fraud and dishonesty may tamper with the company’s record. They should, therefore, be kept away from the work premises until inquiry has been completed and action against them taken in pursuance thereof. There has been no addition in the list of misconduct since the beginning, though a few more need to be added due to practical reasons. For instance, if an employee causes colossal damage to or loss of his employer’s goods or property through his negligence or incompetence, he should be held accountable for ‘gross negligence’. Similarly, an employee guilty of indulging in harassment of his women colleagues should be held liable for ‘acts of moral turpitude’. These serious types of violations of discipline should also constitute misconduct under law. A workman accused of misconduct should not be dismissed from job unless he is provided an opportunity by the employer to prove his innocence in the domestic inquiry held for this purpose.
 
Although persons usually assigned the task of conducting an inquiry are managers in the organisation, labour courts desire that they should follow the same process of recording witnesses’ evidence as is observed by civil courts. Record of inquiry proceedings could be gone through both by the labour court and the labour appellate tribunal to see whether a proper opportunity was provided to the aggrieved employee to defend himself and whether the inquiry officer had conducted inquiry proceedings in a proper and fair manner. The afore-mentioned facts reflect the prevailing trend of legal requirements for handling of discipline and will be relevant for employers facing discipline issues in their establishments. [Dawn]
 
ALTERNATE DISPUTE RESOLUTION
[Qudrat Ullah, Lahore]
 
Unlike other local institutions that, at times, overstep the boundaries of law and, therefore, do not inspire trust, Alternate Dispute Resolution (ADR) is a relatively new concept in Pakistan, centred round the principle of amicable dispute resolution. The term "Alternative Dispute Resolution" is used to describe a wide variety of dispute resolution mechanisms that are suitable alternatives to the full-scale court processes. The term can refer to everything from facilitated settlement negotiations, in which disputants are encouraged to negotiate directly with each other, prior to some other legal process, to arbitration systems or mini-trials that look and feel very much like a courtroom process. Two kinds of ADRs have been practised in Pakistan; traditional ADR and local bodies based ADR. The former refers to the traditional, centuries old system, which was good for simple cases but when it came to status quo issues, would readily succumb to elite capture, including Panchayat (in Punjab) and Jirga (in NWFP and Balochistan).
 
The latter includes the ADR attached to public bodies and included Arbitration Councils, Union Councils and Conciliation Courts. Arbitration Councils were confined to issues of divorce, permission for second marriage, and maintenance for existing wives. Union Councils provided the arbitration forum (through elected councillors) under Muslim Family Laws Ordinance, 1961 and looked after a few selected family related issues. Conciliation Courts were established under Conciliation Courts Ordinance, 1961 and were vested with limited civil/criminal/pecuniary jurisdiction. Majority of the above initiatives were rendered ineffective as the local councils, were dissolved frequently and no clear strategies for capacity building of the members of these bodies were ever formulated.
 
Local Government Ordinance, 2001's Sections 102-106 introduced the much needed institution of Musalihat Anjumans (literally meaning conciliation forums) at the level of Union Councils for dispute resolution through ADR (including conciliation, mediation and arbitration). In collaboration with United Nations Development Programme, Pakistan government launched "Gender Justice Through Musalihat Anjuman Project" (GJTMAP) initially for 2 years in 2005-2006 in Bahawalpur and Attock, as a pilot project with the broad objective:
 
a) To provide women victims of violence an alternate mechanism, whereby they can obtain gender justice.
b) To promote women's awareness of their legal rights and men's active participation in ending gender based violence.
 
The pilot phase was proved a great success and based on these results, the project was approved for up-scaling and extension from 2007-2011 and 3 additional districts namely Multan, MianwaIi and Jhelum have also been added. GJTMAP also trained 46 Judges from Punjab at Federal Judicial Academy and Judiciary in Balochistan is also refereeing cases to MAs. Registrar, Lahore High Court has issued directions to District & Sessions Judges of the project districts for referral of cases to MAs. Higher judiciary has also welcomed the ADR as it helps to lessen the burden on courts. At present, about 13.60 lakh cases of different nature are lying pending in the courts, meaning thereby that about 27 lakh families are languishing due to delay in cases. ADR can greatly lessen that burden if it is implemented in the whole of the country and institutional mechanism is developed at the union council level to support dispute resolution. [Business Recorder]
 
JUDGES APPOINTMENT
[Rashid Orakzai, Quetta]
 
The movement for restoration of an independent judiciary led by CJ Iftikhar Chaudhry, would be in vain, if men of doubtful integrity are nominated, instead of the most competent men with impeccable track record of integrity, morality and ethics. Hundreds of lives have been lost in this struggle. We owe it to those who gave their lives, so that future generations may get undiluted justice. The members of the Bar have no role in these appointments, since they have to appear before these judges, who should under no circumstances be seen to be under obligation of the lawyers that are to appear before them later.
 
Bar politics has no role in the appointment of members of superior judiciary, just like political parties. The list recommended by Chief Justice however should be open to scrutiny by parliamentary committees of the Senate and National Assembly, who should have a right to investigate and probe into any alleged violations that involve moral issues or financial impropriety or criminal involvement. Those nominated should be Pakistani citizens and hold no dual nationality, nor immigration status. All their assets should be located within Pakistan, without any exception. The members of the Bar can also submit their reservations through these parliamentary committees, but should not have any role in selection of list of names, put up for scrutiny. Institutional failure in Pakistan is due to lack of accountability, where people given critical constitutional executive assignments, hold dual nationality or immigration status and have assets located outside Pakistan. They have nothing at stake, if the executive decisions that they make are detrimental to our national interests and cause immense economic hardships to the nation. [Pakistan Observer]
 
IMPARTIAL JUDICIARY
[Shahzad Salam Kasi, Lahore]
 
I read a news item in your paper (July 26) which quoted the chief justice of the Lahore High Court as saying that it is now Pervez Musharaf’s turn to see bad time, as he has already seen enough good days. The CJ then went on to say that judges should perform their duties with dignity during the Musharraf trial. But the question I want to raise is that if the judges have already decided to punish the former president, Pervez Musharraf, then why all this drama in the Supreme Court regarding Musharraf’s fair trial etc. Is this the integrity that the chief justice called for? It does not suit the LHC CJ to comment on a case that is still in progress at the Supreme Court. [Dawn]
 
UNKINDEST JUDICIAL CUT
[M Mohammad, Jhang]
 
The recent judgment of SCP to leave many judicial issues to National Assembly was the unkindest cut to nation who sacrificed from bottom of their heart for the restoration of deposed CJP, Judges and Long March finally made it possible. The poor people had hoped that not only Musharraf would be brought to justice for violating article 6 twice, corruption galore in his era but also alleviate injustice done to them in past and being continued in PPP-AZ government. Nation has experienced worst ever corruption from top to bottom taking every oxygen from their lives.
 
The past practice of selling vital institutions for peanuts ,the worst misgoverance,installing IPPS,rental units for vested interest remains prime motive of economic policies which unlike in past years did not get SCP immediate suo-moto attention leaving poor to lurch mired in the most inefficient policies of present coalition government of mean opportunists . The country was also divided by shoddiest political polarization as weapon of success. The partisan president (holding party chairmanship and controlling his day to day party affairs and national politics) etc acts ultra vires of constitution every hour of day by controlling day to day party affairs rules despotically interfering in national, foreign, domestic, economic policies without columnists, analysts, constitutionalists, lawyers, messers Aitzaz and Kurd company,PPP-AZ,taking due cognizance .The most pliant, subservient parliament, prime minister who seem to doing the necessary spade work to perpetuate Zardari despotic rule unto his dynasty and making Bilawal as could be king is deliberately oblivious and doping MLN,opposition to undo.58-2b,17th amendment ; never to be but lies as usual.
 
Already PP-AZ,its coalition partners attitude towards trial under article 6 of Musharraf has been shamefully shot down for lacking consensus when only executive order can make it possible. Will this mean coalition in majority ever undo NRO which benefits them by hundreds of billions dollars and criminal acts? Will SCP come to the relief of genuine democracy and people of Pakistan who gave their sacrifices for their restoration and above all supremacy of constitution ? Even the status quo much less indecision against unconstitutional policies foreshadows institutional crash down which is already evident in statecraft. Ipso facto,the constitutional status suits so well the present coalition of opportunists who would block every move in parliament by one or other pretext [ as bringing consensus resolution] not suiting their despotic rule } SCP has to rescue nation..Let ML-N and ML-Q resolve their differences and frustrate every act against national solidarity, independence and sovereignty. [Pakistan Observer]
 
 
 
Issue of the Month: Reforming Pakistan
 
REVIVAL OF MAGISTRACY
[Umar Riaz, Peshawar]
 
During the last few weeks much has been said and written on the revival of the executive magistracy. Pakistan unfortunately has a chequered history when it comes to adherence to the constitution and the rule of law. Article 175 (3) of the constitution is categorical in declaring the judiciary to be separated from the executive within a certain time period while Article 203 provides that all judicial authorities in a province be under the supervision of the respective high court. The Supreme Court has already given a detailed judgment in the Sharaf Faridi case (PLD 1994 SC 105) and directed the provinces to issue the necessary notifications in this regard. Now, when independence of the judiciary has become such an important issue, vesting in executive officers core judicial functions on the pretext of efficiency is not only a clear violation of the Constitution but could also be construed as an effort to create doubt about judicial officers performing these functions. Now is also the time to do away with unconstitutional laws like the FCR.
[Pakistan Observer]
 
 
 
Issue of the Month: Resolving the terror tangle 
 
STORY OF SWAT
[Miangul Aurangzeb, Islamabad]
 
I asked an IDP from Swat for his opinion, as to why all this happened in Swat. His view was the previous government allowed it to happen and that this was done to create a scare situation for America. He said that in the same manner those who were behind Lal Masjid were tolerated and ignored till the situation went out of control. The IDP also said that most people in Swat thought that the only reason Fazlullah was able to use his FM station for so long was because he was allowed to this by the powers that be. Will someone in a position of authority please tell me the reason for such a policy? [The News]
 
IDP CHALLENGE
[Nausheen Khan, Islamabad]
 
The United Nations has claimed that over half a million internally displaced persons from the Malakand region have returned home. This is excellent news and indicates that the rehabilitation programme is going well. Millions were displaced due to the conflict in that area, when the government decided to root out the terrorists that were holding the local population hostage. Housing these IDPs and providing necessary items and security to them presented a great challenge to the government. However, credit must go to the armed forces and to the government for doing the best they could have and ensuring that the IDPs returned home as soon as possible. Some were saying that the IDPs would have to remain in camps for at least a year; thankfully, that prediction has not come true. We must also thank the many donor agencies as well as international bodies like the UN and the Red Cross who did exemplary work — and even lost lives to terrorist attacks — during the IDP crisis.
 
But the real fight starts now. The challenge is to provide the area with the necessary infrastructure and cash injection to rebuild the lives of the affected people. It has been reported that schools have just reopened in Swat; that is good news, but we know what the Taliban did to the education infrastructure there, and that all needs to be rebuilt. Health, education and security are the main concerns, and the government must deliver on that as well. One good move on that front has taken place already: the army has stated that intends to remain deployed in the region for at least another year, which has eased the security concerns of the local population to a great degree. [Daily Times]
 
GETTING EVEN WITH THE TALIBAN
[Dr Tausif Kamal, Dallas, TX, US]
 
It is outright duplicitous and clever of the apologists and supporters of the barbaric Taliban to now say that the Taliban should not be paid back in the same coin. Where were these defenders of people’s rights when innocent men, women and children in Swat were being slaughtered, beheaded, raped, flogged and their houses and schools destroyed by the Taliban? Why were they silent when the Taliban were committing these atrocities and suicide bombings were the order of the day? These Taliban apologists kept on insisting that the Taliban were not bad and that we should try to ‘understand’ them and should not condemn them. Those who say now that the Taliban should be tried in a court of law are in reality wishing that the Taliban be allowed to go scot-free. The fact is that the criminal justice system in our country is in a shambles and completely ineffective and the law-enforcing apparatus in Swat (police, prosecutors, courts) exists only on paper.
 
How many terrorists and murderers have been actually tried and convicted for the thousands of killings and violent attacks in Pakistan? We all know for example the story of a jihadi who is freely walking the streets of Multan after murdering dozens of citizens by his own admission. Non-enforcement of laws in Pakistan is precisely the reason why it is ranked in the top 10 of the world’s failed or failing states. If all the Taliban are not completely dealt within Swat we will be sowing the seeds for their return in even greater numbers. [The News]
 
JUNDULLAH’S RETURN
[Osman Hashmi, Karachi]
 
According to the Karachi police as well as several media outlets, Jundullah, a terrorist outfit that operates out of Pakistan’s largest city, is resurfacing. This group has been linked heavily with Al Qaeda and has also through that connection aided the Taliban in their quest to destabilise Pakistan and kill innocent citizens. This is a very worrying development and one hopes that the Karachi police and other law enforcement agencies crack down hard on this group, which is responsible for the murder of countless innocent people. Karachi is especially under threat from these terrorist groups as it is the largest city of Pakistan and is facing ethnic trouble that these elements wish to exploit. We must not give them that opportunity. [Daily Times]
 
PORTRAYING TALIBAN AS HEROES
[Mian A Ahmad, Islamabad]
 
The information minister has requested the media not to portray Taliban leaders as heroes, and rather show their true picture to the terror-stricken nation. I could not agree more with this request. It is often seen that on almost all TV channels Baitullah Mehsud and after his death, his successors, are being called by titles such as amir or commander. The tone of most talk shows and news items is generally positive or sympathetic towards these terrorists. They are ‘terrorists’ and should be termed as such. And in Urdu they should be called ‘dehshatgard.’ [The News]
 
MEHSUD KILLED
[Salman Ali, Karachi]
 
With reports verifying that Baitullah Mehsud, leader of the Tehreek-e Taliban Pakistan, was killed by a drone strike a couple of days ago, it is important for Pakistan’s government and military to consolidate their position against the terrorist organisations operating in the tribal areas. This is the ideal time to ensure that, while headless, they are given as little time to regroup as possible. Further, the successful strike indicates a high level of cooperation between the US military and the Pakistani military, and this must be kept up if we are to successfully defeat the rest of the Taliban as well. However, this should not be taken as a major victory, given the nature of the Taliban organisation this side of the border. Let us not forget that Baitullah Mehsud presided over not an army exclusive to him, but several warlords who were united in a loose coalition against the Pakistani state. Therefore, the momentum of our offensives against the terrorists should be increased, not reduced. [Daily Times]
 
DISAPPOINTING BEHAVIOUR
[Usman Sheikh, Lahore]
 
The behaviour of most religious parties in Pakistan lately has been very disappointing. While they were living it up during the Musharraf era under the MMA umbrella, they disappointed everyone by turning a blind eye to the terrorism that was brewing in areas under their government. Now that the country needs them to be patriotic and display leadership, they are trying to sidetrack issues either because of their own ideology or to serve cheap political ends. Instead of displaying dual standards and lack of understanding, religious political parties in Pakistan need to re-examine their role in the country’s politics and society, and ensure that they playing a productive role for Pakistan.
[Daily Times]
 
AXIS OF EVIL
[Haris Bukhari, Islamabad]
 
This is with reference to worrying reports in the media that the criminal underworld in Karachi has links to the Taliban and Al Qaeda, and is helping them not only with safe houses, but also financially and logistically. This nexus between organised crime and religious extremism/terrorism could prove deadly for the people of Pakistan, and the government and security forces must direct maximum resources towards the eradication of both these elements. We have seen how many Taliban and Al Qaeda leaders have been found in Karachi, far away from the epicentre of the war on terror in the tribal areas. This indicates that there are facilities available not only for the extraction of under-fire Taliban from the tribal areas to far off safe havens in Karachi, but also local support in terms of money and protection. A good start would be to monitor the paper and money trails to nab the financiers; cutting off the money is usually a guaranteed way to cripple such elements. [Daily Times]
 
 
 
 
PARDON BEFORE TRIAL?
[Mazhar Abbas]
 
Prime Minister Gilani on Aug 19, while addressing the National Assembly, said he had ‘pardoned’ former military dictator Gen (r ) Pervez Musharraf. It’s rare that a person has been given pardon before being put on trial, under Article 6 (high treason) for abrogating, subverting the Constitution of 1973. The question is, who is the president or the prime minister to pardon someone who has violated the Constitution. The PPP and the ruling coalition are looking for excuses to save the dictator. Two main arguments in support of Musharraf have been under debate from pro-Mush lobby, which has now been joined by the PPP as well.
 
(1) Why Musharraf alone, citing clauses 2 and 3 of Article 6, and (2) why not invoke Article 6 since 1950? The 1970 assembly and the government could have invoked Article 6 against Field Marshal Ayub Khan and Gen Yahya Khan, particularly after the latter was declared usurper by the Supreme Court, but they did not. So their cases stand closed. Gen Ziaul Haq was the worst military dictator but the governments and parliament from 1985 to 2002 never touched or invoked Article 6. Even if Zia was not there, the conspirators were alive. Zia’s amendments were not even touched in the Charter of Democracy. So for all practical purposes, it’s a closed case as well. The PPP and the PML(N) both were responsible for not trying Zia’s accomplices.Now in the case of Gen (r) Pervez Musharraf the action of Oct 12, 1999 was endorsed by the Supreme Court and had been given indemnity by the parliament. So it’s a closed case but those responsible include the SC and the parliament which passed the 17th Amendment.
 
The action of Nov 3, 2007 is different as it has been declared unconstitutional by the 14-member bench of the Supreme Court and till this date the ‘Emergency Plus’ has not been given indemnity by the parliament. So it’s a fit case whether filed under Article 6 or any other article. Under no clause of the Constitution the Army chief could impose emergency and it’s a gross violation of the Constitution. Yes, ‘democracy is the best revenge’, the PM said, quoting PPP Chairman Bilawal Bhutto. Benazir and Asif Zardari also said the same. But it does not mean that the person should not be put on trial.Democracy means that the person put on trial should be given a fair trial. In Musharraf’s case, he has not even regretted what he has done on Oct 12, 1999 and on Nov. 3, 2007, which means that even if the government constitute a ‘Truth and Reconciliation Commission’, he will not appear, as in South Africa only those people appeared who had committed the crime and wanted to regret. If you can’t do all this, at least do one thing, pack up the Constitution or replace it with a ‘Constitution of Necessity.’ [Dawn]
 
MUSHARRAF'S TRIAL
[A patriot, Lahore]
 
If an elected prime minister, who was the most popular leader of his time and also an internationally recognised figure, can be hanged after a highly questionable 'murder trial', why can't a dictator, who twice violated the constitution and was also responsible -- directly or indirectly -- for the killing of many innocent people, be tried in a court of law? [The News]
 
TIMES HAVE CHANGED
[Dr Irfan Zafar, Islamabad]
 
Prime Minister Gilani has assured the NA that the government is ready to try Musharraf under Article 6 if parliament approved a ‘unanimous’ resolution. How long will our leaders continue to live under the illusion that the public can be fooled with words like ‘unanimous resolution.’ What parliament needs is a simple majority. [Dawn]
 
SERVING DICTATORS
[Miangul Aurangzeb, Swat]
 
The PPP has a habit of claiming that it never served dictators. History tells us otherwise. The party came into being in 1967 after Zulfikar Ali Bhutto's removal from the government in 1966. However, prior to that, he had served a dictator from 1958 to 1966, and again from 1969 to 1972. And when it came to Benazir Bhutto it was a deal made by the party with a dictator that allowed her to return to Pakistan. [The News]
 
TRAPPED IN OFFICE
[Anas Farooqui, Karachi]
 
Recently I was trapped in my office building for three hours, along with all the unfortunate people who happened to be in the building, as the PM was visiting the KESC office across the street. Is treating people like prisoners constitutional? [Dawn]
 
ARTICLE 6
[Miangul Aurangzeb, Swat]
 
Why is it that military takeovers are usually welcomed by the general public? The answer is that the political rulers in this country will never give up their greed for power and wealth, and unless this is done there will be no way to avoid a military takeover. In 1972 as an MNA I had told Zulfikar Ali Bhutto that Article 6 of the constitution would not prevent the military from coming in, but it will prevent it from going out. Ziaul Haq left the presidency only after his death while Musharraf made a deal with the PPP leadership. With the induction of further rules to prevent military takeovers, the politicians are in effect ensuring that the country will see military rulers in future as well.
[The News]
 
A COSTLY NON-PROBE
[Fatima Siddiqui, Islamabad]
 
The head of the three-member UN commission on the assassination of Benazir Bhutto has once again referred to the ‘restricted mandate’ and reiterated that it ‘does not include a criminal investigation’. In a brief interview with Dawn at the UN headquarters, he said the UN had made it clear to the Pakistan government, when it had agreed to the ‘terms of reference’ of the commission, that it would not establish any criminality for the assassination (July 23). Isn’t it a mystery as to why the mandate was restricted and on whose advice? Why was the committee mandated to confine itself to the ‘facts and the circumstances’ which were already known to each and everyone? These and many other similar questions do agitate the minds of the people who are keen to know, ‘who’ did kill Benazir Bhutto and ‘why’? The people wanted this exclusive mandate to be given to the UN commission. [Dawn]
 
MUSHARRAF'S TRIAL
[Amir Usman, Islamabad]
 
Thanks to the NRO, the PPP government is neither willing nor prepared to bring Musharraf to trial although the Supreme Court in its landmark judgment of July 31 has held him responsible for the Nov 3 illegal and unconstitutional acts thus making him liable for prosecution. The latest example of this dithering attitude is the prime minister's statement in parliament that the government would take action provided a unanimous resolution is tabled in the House -- indeed an impossible proposition. This argument is totally frivolous as the constitution of 1973 does not give any role to parliament in such matters. In fact the constitution in Article 6 defines as to what constitutes an act of treason while the high treason (punishment) Act of 1973 prescribes the method for instituting a case under Article 6 as well as the procedure to be followed and punishment to be awarded. This leaves no room for interference by any organ of the government, including parliament. The prime minister's statement is thus a delaying tactic and a ruse. In fact this is yet another example of the anti-people's sentiment policies that the Zardari/Gilani government is in the habit of following. [The News]
 
MUSHARRAF’S TRIAL
[Amanullah Turk, Dubai]
 
This is apropos of Nauman Saeed’s letter, ‘Giving Musharraf credit where due’ (Aug 17). According to the writer, the dictator deserves credit where it is due and at the same time he disapproves of those who are severely condemning him for the high treason he has committed. The analogy given by the writer is misplaced for the reason that even thieves and robbers do something good in their personal capacity but since heinous crime they commit is against society, whatever their good deeds, they are never appreciated. Musharraf has trampled on the Constitution, the basic law of the land which he had sworn to protect (not once but twice), has committed high treason. Therefore, he cannot be praised for what small good he did during the tenure because he acted against the call of his duty, committing an offence which is unpardonable under any cannon of law. [Dawn]
 
‘SHUT UP’ CALL TO KAMRAN KHAN
[Abdullah Hussein, Lahore]
 
Khurshid Shah is the man who got a kunda connection to power the lights used to illuminate his son's wedding in Karachi, even though he later said that he had paid for it. My first issue with this is that whether he paid for it or not, isn't the use of electricity in this manner, in a city known for its infamous loadshedding and power cuts, tantamount to a slap in their face? The minister has no moral, social or political right to ask parliament to "give a shut-up call to Kamran Khan" for exposing unbridled corruption of the so-called government of which he is part. He should apologise for making such utterance in our parliament, and if he has any decency he should resign. [The News]
 
WHOSE PAKISTAN?
[Bemused, Karachi]
 
The overabundance of ads, paid for by taxpayers money, by government ministries and institutions in the press on Aug 14, which conspicuously display the President’s picture together with his son Bilawal’s, makes one wonder whose Pakistan is it – of the PPP of the president, or of all the people who live in it. In the ministry of information ad (Aug 14) pictures of the president and his son Bilawal are most prominent, followed by Benazir. ZAB, Liaquat, Iqbal and Jinnah’s postage stamp-sized pictures appear in that order. Conspicuous by its absence is the picture of the prime minister.
[Dawn]
 
MUSHARRAF'S TRIAL
[M Aurangzeb, Swat]
 
Ziaul Haq died in 1988, that is 21 years ago. Anyone born at that time must be 22 years old. I would like to inform the young generation that to legalise his being a president, he decided to have a referendum in which the people were expected to say if they were Muslims or not. If they were Muslims, then Ziaul Haq was to be president. The vote was a foregone conclusion. At that time I was in London, but mysteriously my vote was cast by someone. I am also told that many non-Muslims also voted as Muslims or else how he got 99 per cent vote. Now I come to my friend Prime Minister Yusuf Raza Gilani. Despite being a nice fellow and having spent more then five years in jail, he is not willing to honour Article 6 of the constitution and like Ziaul Haq has devised a new formula, never heard of anywhere else in the world -- that parliament must vote unanimously to implement Article 6! Three cheers for the prime minister -- "Gil Gil Hurray." [The News]
 
IMPERIAL ORDER
[Z I Rahimullah, Hyderabad]
 
The British imperialists had yet some of semblance of rule of law to govern sub continent. Our extended imperialists consisting of military and civil dictators have none. They have been devoid of every scruple, principle, conscience and only sunk in corruption ;lust of wealth and power. They hate rule of law and love only corrupts and corruption and made it the fate of the poor of Pakistan. It has been turned into the ‘amiristan’ of putrefied NROed corrupt and corruptest, unprincipled, coalition of liars, deceivers. [Pakistan Observer]
 
LYARI AFTER REHMAN DAKAIT
[Shakir Lakhani, Karachi]
 
This is with reference to the astounding statement made by the provincial minister for katchi abadis as reported in the news item titled "Rehman Dakait played role in improving law, order: PPP" (Aug 14). Since the dead criminal Rehman Dakait was so effective in improving law and order, I suggest that the country's police force should be dismantled immediately and law and enforcement duties be handed over to dacoits and criminals. I'm sure that within a very short time, Pakistan will become the most law-abiding country in the world, if what the PPP minister said is true. [The News]
 
A CHINESE RIDDLE
[Abrar Hussain, Faisalabad]
 
It seems his own presence in Pakistan is the least of President Zardari's priorities. His visit to China accompanied by the chairman Board of Investment and former Advisor on Petroleum Dr Asim is intriguing to say the least. Even more intriguingly, the presidential contingent has not a single technical expert qualified in hydel power although an MoU on the subject was due to be signed in Zhejiang. President Zardari's quarterly visits to China are unique, as he has neither visited Beijing nor met the Chinese President formally as yet. Is this not somewhat awkward that the President is deeply involved in business deals, a job that should be assigned to some minister or technocrat?
[The Nation]
 
PPP AND THE DICTATORS
[Miangul Aurangzeb, Swat]
 
The PPP leadership has not only been supporting dictators since 1958, it continues to do so today. Previously the party would support living dictators, now it wants to save and resurrect a dead one. It is now putting forward impossible terms to implement Article 6 of the constitution. Where in the world is a unanimous vote required for any decision? [The News]
 
ACCOUNTABILITY
[Fida Mohammad, Peshawar]
 
We are living in a strange society. Despite having been categorically declared a violator of the constitution and found guilty of committing illegal act by the Supreme Court, Musharraf is being protected by the incumbent government. The most atrocious and unbelieving is the statement of PM that a unanimous resolution by the parliament is required on this issue. In the same breath he goes on to say that it is undoable. Mr Gilani is, of course following the instructions of his leader who had struck a secret deal with foreign powers for Musharraf protection. MQM and the allied parties of the government are following their own agendas while MQM is openly supporting the dictator for reasons, known to everyone. JUI-F is, as usual, playing hypocritical politics. The crux of the matter is that Mush is being saved from trial. This is a very sad state of affairs. The evil doer must be held accountable for his misdeeds. Unlike the previous decision of the SC, this time the Apex Court has not ratified the illegal acts of a dictator. This opportunity must be seized. The dictator must be punished; otherwise history will never forgive us. [The Post]
 
NO MORE JUNKETS, PLEASE
[Manzoor Awan, Islamabad]
 
BISP Chairperson Farzana Raja was recently on a visit to the US, where she met, among other people, the secretary-general of the UN. Her protocol staff served her well by getting her pictures published in the print media on a daily basis. However, I have yet to figure out the link between the BISP and Washington and the UN and the justification of her trip. Would the lady, for whom I have great respect, or someone from the BISP on her behalf, educate the likes of me on this matter?
[The News]
 
HATS OFF TO PPP-AZ!
[Shahbano Zeenate Alam, Scotland]
 
The just hurriedly prorogued parliament session apparently discussing Musharraf’s trial ended by the double speak of molly mellowing prime minister “undoable” (one new word added in his vocabulary after 18 months). PPP-AZ achieved everything it had pipelined against the interest of stomach crunching 90 per cent of the poor of beloved country by making big laugh of the “supremacy of parliament, bring out consensus, we take everyone along, every issue should be brought in the parliament for recommendation” etc etc. The opposition was once again deceived and the dust raised in parliament was aimed to smokescreen nation, opposition and most arbitrarily sanction most infamous rental units, wish away self-engineered sugar crisis by TCP without a word of remorse by government in saddle and benefit sugar barons in and out of government and corrupt elites some 60 billon rupees squeezed out of the blood of 90 per cent poor. No criminal was identified and no one punished but petty people. In this whole foxy drama, PP-AZ was adroitly abetted by their coalition company of mean opportunists who have devastated the poor. They would never try Musharraf for the NRO benefits in hundreds of billion dollars and power they only seek by every devious means under the tutelage of US, UK to serve their and Indian agenda in the region.
 
I was also distressed to conjecture here that in my country everything which is constitutional, people majority opinion is “undoable,” the gratitude PPP-AZ has paid to nation voting them to power who in turn exploited Benazir’s Shahdat, her vote bank to betray her pledges, wasted her blood by sucking every drop of blood of 90 per cent poor of our country with worst ever prices, worst ever inefficiencies, misgovernance, highest, unbridled corruption, load shedding, worst problems of water, food, electricity, shortages and horrible miseries unleashed on poor for few corrupt elites in government, bureaucracy and business - their only constituency. The prime minister keeps ridiculing the so-called “supremacy of constitution-parliament” in the company of his opportunist coalition partners when the PPP-AZ chairman, partisan president acts all ultra vires of constitution, interferes in his face, of parliament, judiciary, constitutionalists, lawyers to the utter dismay of nation. Does constitution allow him to visit foreign capitals every quarter or as he wishes and negotiate mega projects or set the course of future domestic and foreign policies in alien capitals? The complacence of ruling junta; opportunist, parochial mean, sycophants in all sections of society especially media, bureaucracy, business, corrupt elite, corrupt traders - small or big can be well understood but not of others claiming true Pakistanis. Where are the lawyers, civil society, conscientious media and the Long Marchers? [The Frontier Post]
 
PROCEEDINGS AGAINST MUSHARRAF
[M. Yousuf Khan, Karachi]
 
From press reports, it appears that Zardari is not in favour of initiating any legal proceeding against Musharraf, under Article 6 of our constitution, although he says that whatever decision Parliament takes in this regard, he would honour it, in letter and spirit. There are several creditable reports also, that under a secret deal with the former President, the Peoples Party came to power and whatever anti-Musharraf statements are being issued from PPP camp are only smokescreen to hide their inner patch-up with him. After the pronouncement of the Supreme Court Judgement in the case of a Proclamation of Emergency in the country, on 3rd November, 2007, Prime Minister Yousuf Raza Gilani said, in Parliament, that only a "Unanimous" decision by Parliament Members would enable the government to proceed further in the matter. There are parties, like the Muslim League (Q), the MQM and other members of the Parliament, who do not want any action against Musharraf, hence in this situation, a "unanimous" decision by the Parliament members is not feasible.
 
But there are other cases against Musharraf, such as the invasion of Kargil without the consent of Prime Minister; a military coup in 1999, the killing of Nawab Akbar Bugti; the massacre of pupils of Madressa Hifza and the destruction of Lal Masjid and the use of phosphoric bombs, resulting in the death of several hundred stranded people therein; unilateral action in joining the fight against terror, handing over of Pakistanis to America as terrorists and receiving cash awards; illegal handing over of Dr Afia Siddqui, along with her three children to American authorities; dismissal of Supreme Court Judges and detention in their houses for unlimited period; declaration of Emergency in the country on 3rd November, 2007.
 
These are a few major crimes for which Musharraf can be prosecuted in court. Time is ripe for the PPP Government, under Zardari, to be bold enough to sue Musharraf for his major crimes in court, which will serve as an eye-opener for those who seek power through the backdoor. Zardari knows fully well that times the PPP Government has been dethroned by three military dictators and this time, conditions are quite the reverse. Now it is up to Zardari to block the entry of military dictators in politics forever. An exemplary punishment of Musharraf will surely discourage other intending military dictators to take over the reins of government, by imposing Martial Law on the doctrine of necessity. The world has changed from dictatorship to democracy, hence there is no room for military dictators. [Business Recorder]
 
 
 
 
POOR POLICIES
[Basit Kamal, Lahore]
 
The government of Punjab recently launched the “sasti roti” programme under which the government, through the public exchequer, tried to artificially lower the price of roti in the market to Rs 2. However, as with other government programmes and subsidies that go against the market, this was not successful and ended up costing the government, and thus the taxpayer, a lot of money. Later on it was revealed that we had overproduced wheat! Was the Punjab government not aware of this? If the wheat production target was going to be met so easy, indeed surpassed, why was so much money wasted on artificially pegging the price of wheat? The excess wheat would have automatically lowered the price of roti. Instead, the Punjab government had to borrow money to arrange for storage of the overproduced wheat. There is a need in Pakistan to ensure that policy is based on data and careful analysis, not populist trends. If we start making policies based on the ‘pulse of the nation’, we will commit hara-kiri by declaring war on America and following pointless economic policies. [Daily Times]
 
BALL IN PARLIAMENT'S COURT?
[M S Hasan, Karachi]
 
People have hailed the July 31 judgment of the Supreme Court, quashing all November 3, 2007, actions taken by Gen (r) Pervez Musharraf as illegal and in complete violation of the constitution. The question is how things will move forward now. Everyone is saying that now the ball is in parliament's court which has to play its constitutional role. One wonders if the largest opposition party, the PML-N, will play its due role without succumbing to expediency, personal interest, political incentives and impulsive temptations. There are serious doubts as to the role the opposition is going to play in this matter for the simple fact that our politicians are not known for their integrity, conscience, honesty and trustworthiness. The mysterious silence of the PKML-N over the NRO issue is most disturbing. Let us be candid by saying that when it comes to credibility deficit, both Main Nawaz Sharif and Asif Zardari are in the same league. [The News]
 
GOJRA MASSACRE
[Khadim Soomro, Dadu]
 
This is not for the first time that violence broke out in a village but without exception the government has failed to curb such violence. Officials are taking such sensitive issues rather lightly and this may lead to a countrywide dissent. According to Dawn, law-enforcement agencies had informed the government of ethnic violence in other areas of Punjab, including Toba Tek Singh, but as usual the government paid no heed, and did not attempt to curb such violence. The Christian community has been victimised for years and we have forgotten the teachings of the Quaid-i-Azam. I must recommend a judicial inquiry into the matter and urge the government to be careful in future and curb any violence in the name of religion. Also the police and the administration must tackle such sensitive issues very carefully and speedily. [Dawn]
 
CARNAGE IN GOJRA
[Bishop Ijaz Inayat, Bishop House, Holy Trinity Cathedral, Karachi]
 
According to the media and from eyewitnesses there were veiled persons in the mob that attacked Christian Town, Gojra, burning seven persons alive and creating tension both for the public and the government. The police, the administration and the people said that the crowd could not be handled. The question is who were these masked men and why did they need to hide their faces while they were protesting the desecration of the Holy Quran? Before coming to the answer of the question it is good to relate this incident with those happening previously which started with the burning of Shanti Nagar in February 2009 and later consumed the trust of the people living in Sangla Hill, Bhamniwala, Korian and the latest victims were the poor innocent Christians of Gojra.
 
A situation was created, exploited and used by certain people yet to be identified by the government – and it was these people who agitated the innocent Muslims by spreading rumours about the desecration. The second vital question is why do the police and the agencies allow the situation to simmer in spite of a very large history of such incidents in Pakistan? The Punjab law minister and other senior officials have said that no desecration of the Quran took place in Korian. When are the nation and its leadership, especially of the religious parties, going to take note of such terrorism? How long will it take the government to establish its writ? Is mere compensation enough to uproot extremism and will it be enough to create a peaceful society that respects the basic human values and rights of its citizens? I personally ask the federal minorities minister and the Punjab minorities minister to resign in order to open the eyes of the government to this bitter reality.  [The News]
 
SUNDAY BAZAARS
[Dr Munawar Aziz, Abbottabad]
 
The very idea of Sunday bazaars is a symptom of the failure of the government to keep prices under control. This Sunday bazaar should be stopped immediately and wider measures should be taken to keep prices of all food items in check. [The News]
 
 
 
 
USELESS BANS
[Basit Akram, Karachi]
 
With reference to the violence that has taken place across the country after the killing of a Sipah-e Sahaba leader, it is clear that “banning” these organisations on paper has had little effect on their ability to wreak havoc across Pakistan. They are more than willing to use violence and intimidation, as was visible from their involvement in the Gojra incident. Instead of telling the world that we’ve done our job by “banning” them, perhaps it is time to actually take some serious action against them so that they are disarmed and cannot kill Pakistanis anymore. [Daily Times]
 
CONSTITUTIONAL RIGHT
[Syed Sadaqat Hussain, Karachi]
 
The citizens of Pakistan have several rights according to the Constitution. They are free, by thinking, by living, by writing and saying. They have right to live such place where writ of the government be established and there is no law and order situation. The area should be peaceful and they enjoy the life as a free citizen. In this context, I would like to divert attention of the Provincial authorities of Sindh towards a sensitive problem in our vicinity. Few political activists of allied government have engaged our block 18 Gulistane Jauhar for their unethical activities right after the formation of present government. They have occupied several flats and demanding money for the evacuation. They are looting outsider on gunpoint around this block in the night.
 
They have badly damaged the business and getting bhatta from every shopkeeper. Aerial firing is routine task of these culprits. They also hit and beat people who talk against their activities. The people of this vicinity are afraid specially children and women. They always seen with heavy weapons and moving around on motorbikes. Sometimes they block main road and create chaos. The shortage of mineral waters, Tetra pack Milk, and other routine necessity of life can be seen in this locality due to looting and getting commission (Bhatta) from the traders of such items. It seems that we are living in such place which has been concurred by the enemy and we are the hostage of this force. Would the present government tell us where is the writ of the government? and why the authorities are backing of such elements? Because of protecting their government. We the people of this locality are requesting to clear this area of such elements and normalize the life of this vicinity and its neighborhood. I also request to the government to send a special team for the inspection of this area even though government is fully aware. [Pakistan Observer]
 
NO CELEBRATION ON AUGUST 14
[Naeem Sadiq, Karachi]
 
I decided not to celebrate the August 14 this year to record my personal grief, shame and solidarity with the innocent citizens of Gojra who were killed, wounded and burnt for belonging to the same God, but a different religion. In my room I flew the Pakistan flag at half-mast, put my TV off, had none of those "milli naghmey" and sang no national anthem. I am sad, ashamed and distressed. I will call up all my Christian friends to say I am deeply sorry and I apologise.
 
I do not wish to celebrate the birthdays of a land where mullahs spread hate from the minarets of their mosques, where 20,000 Muslims unite to kill a few hundred Christian men, women and children, where the administration provides bulletproof vehicles and multi-layer protection to its leaders but will do nothing to protect the life and property of its ordinary citizens. I am ashamed that not one person, the chief minister, the prime minister, the governor or the president resigned from his job as an admission of failure to perform their primary duty. There are plenty of flags, parades, speeches and ceremonies, but no real sense of guilt, remorse, or reform. Should not a state, at a minimum, protect the life and property of all its citizens, to deserve 'a happy birthday'? [The News]
 
GLOBAL WARMING
[Muhammed Jamil Ather, Karachi]
 
Recently some prominent American atmospheric scientists wrote a letter to the Congress regarding the alarmist nonsense over global warming. The main thrust of the letter is in the very title itself: “To the Congress of the United States: You are being deceived about global warming.” The first signatory to the letter is Robert H. Austin, who is no less than Professor of Physics at Princeton University. The writers point out that “the sky is not falling” and that, in fact, the Earth has been cooling for 10 years. This fact must be an embarrassment to the pundits of global warming who see an Earth supposedly warming up as a convenient plank for their politically-correct platform. The eminent scientists who wrote this letter to Congress were warning the legislature not to take any notice of a warning from the Woods Hole Research Centre regarding the need to ‘take action’ against global warming. They point out that the centre is far from being independent and is “...the former den of the president’s science adviser, John Holdren.”
 
Holdren had previously predicted “almost certain” thermonuclear war or eco-catastrophe by the year 2000. According to Professor Austin and others, this same Holdren had made “...many other forecasts of doom that somehow never seem to arrive on time.” They also advise Congress: “The finest meteorologists in the world cannot predict the weather two weeks in advance, let alone the climate for the rest of the century. Can Al Gore? Can John Holdren?” Recently, the BBC has been at it again with its rubbish about climate change and global warming. This supposedly above-board organisation is completely flawed and biased when it comes to ‘debating’ the issue of climate change. Just recently I heard Stephen Sackur use that oft-repeated phrase ‘the scientists’ when he was chairing a debate on the issue of hydrocarbons supposedly causing global warming.
 
Yet, like so many such programmes, he neither had any scientist on his panel nor did he mention the name of even one. The thesis was that global warming is an incontrovertible fact. However, real scientists disagree: “We are flooded with claims that the evidence is clear, that the debate is closed, that we must act immediately, etc., but, in fact, there is no such evidence; it doesn’t exist” (Professor Austin et al). The signatories to this letter advised Congress that science is guided by proof and not by consensus. They end by making this poignant observation: “Finally, climate alarmism pays well. Alarmists are rolling in wealth from the billions of dollars floating around for the taking, and being taken. It is always instructive to follow the money.” [Dawn]
 
SUGAR CRISIS
[Adnan Cyprian, Riyadh]
 
An average Pakistani consumes about 25 kilograms of sugar in a year. Therefore, the monthly demand for sugar in Pakistan is estimated to be 375 million kilograms. The Economic Survey of Pakistan 2008-09 tells us that Pakistan produced sugar at the rate of 267 million kilograms per month. This means that a shortfall of 107 million kilograms per month should exist in the market for a while now and as the past stocks dwindled the price of sugar is expected to rise. Therefore, when Mr Gilani says that three sugar mills are holding back the supply of 240 million kilograms of sugar he is talking about less than a month's worth of demand being held up. The TCP has further placed orders of 75 million kilograms of sugar from the international market. This action again is not going to fulfil the shortfall in demand. Furthermore, consumers should be warned that the price of sugar is expected to cross Rs72 per kilogram by March 2010. Therefore, it is no wonder that traders are stocking up for the price hike. [The News]
 
PROTECTING CONSUMERS
[Khalid Haq, Lahore]
 
It has been reported that the Consumer Court has issued summons to a doctor who had sent a wrong medical report. This is an interesting and pleasant development; and adds to the many other positive actions that have been undertaken by the Consumer Courts. We have regularly read reports of people finding relief at the courts after they were swindled by fraudsters or sold faulty equipment by cheating salesmen. This will help bring about a culture of trust and accountability in Pakistan, and it will also ensure the safety and security of the common consumer against the perfidy of those who seek to exploit them. On that note, one hopes that the judicial reform project also picks up very soon, as similar performance at all courts will truly bring about a positive legal and social revolution in Pakistan. [Daily Times]
 
THE BALOCH INSURGENCY
[A H Aliani, Former ambassador (and grandson of former ruler of Lasbela state), Karachi]
 
From the very existence of Pakistan, Balochistan has been ignored and treated as a foster child. This was the attitude of the previous British rulers, and it is the same adopted by our present masters who are in no way different from the previous rulers. The last ruler of the Kalat state, Khan Ahmedyar Khan, was militarily attacked because he wanted to utilise his right of option according to the state’s agreement with the British government at the time of partition whereby a choice was given to the princely states of undivided India either to join India or Pakistan or be independent. The Khan of Kalat chose to be independent. Almost half of his state was forcefully plucked away from him, and a new state of Makran was carved out of it, with a Gichki sardar elevated to a state ruler. Legally, technically and constitutionally he was within his right to choose the option. As far as Pakistan was concerned, it was quite understandable that after the creation of Pakistan it would not have been in their interest to have an independent state of Kalat in Balochistan within the overall boundaries of Pakistan; but was violence the right way to solve the problem? Could reason, negotiation and diplomacy not be used? Dissatisfaction has reached a level that today the youth are so agitated that they do not even allow the national anthem to be sung in schools.
 
Insensitive violence and injustice were perpetrated on the people of East Pakistan in the past, and the result was that we lost half of the country due to our government’s heedless and incautious adventures. Do we intend to repeat that history with another province? It is not the Baloch who seek to be the secessionists; it is the inequitable, unjust, improper and rash actions of the government authorities against them that have reluctantly made them to ponder in this direction. All that the Baloch want is justice. They want all their kidnapped men and women to be expeditiously recovered. They want all their political prisoners against whom no cases are pending to be released. They want fair and reasonable control over their mineral and sea resources. They want infrastructure to be constructed all over the province to be able to invite foreign investment to develop their resources and provide jobs for them. They want the armed forces to be withdrawn from Sui and other areas of Balochistan. They want that all the major projects that are initiated or planned for the near future should be done so with their consultation. And they want a due share in all provincial and federal government jobs. Who then is being unreasonable? The Baloch or the government/state? [The News]
 
CUT THROUGH THE LIES
[Nauman Fazal, Islamabad]
 
The furore over Jaswant Singh’s book in India is disappointing, especially as Singh has written it dispassionately. However, we have suffered similar reactions from the religious right in Pakistan whenever anyone has tried to dispassionately and objectively analyse history. Let’s not forget that they always try to present Jinnah as a theocrat, when in fact Jinnah was a committed secularist. This is why the Zia regime even banned the Quaid’s August 11, 1947 speech. For Pakistan and India to both move forward towards peace and prosperity, people on both sides need to ignore rightwing propaganda and seek the truth. [Daily Times]
 
NATIONAL PARKS
[Aman Ul Haq, Islamabad]
 
National parks are an important part of the flora and fauna of a country. National parks are developed in different parts of the world to preserve the species of animal and plants facing threat of extinction due to the mushrooming growth of mega housing structures and development projects. In Pakistan some parts of the country were declared as national parks under the directions of the IUCN, an international body for the conservation of the nature. Margalla hills in the vicinity of Islamabad were also a part of national parks in the country. These hills, blessed with the natural beauty and habitat, provides an eye-catching view to the residents of the capital, along with the natural trekking facilities attracting tourists and foreign visitors to the country.
 
This park has also become a scapegoat for city developers unaware of the basics of sustainable development, causing severe damage to the fragile ecosystem of the park. Establishment of new recreational facilities is greatly damaging the environment. These facilities are clear violations of the rules devised for the preservation of national parks. It is the responsibility of the Environmental Protection Agency to put a check on the intrusions in the vicinity of the national park, but this agency has always failed to perform its role in conducting and implementing environmental impact assessment before the initiation of any project detrimental to safe environment. The authorities concerned, along with civil society, should come forward to join hands for the safety of Margalla Hills national park to save it for future generations. [Dawn]
 
FACTS ABOUT SOME QUOTATIONS
[Mohammad Asad, Rawalpindi Cantontment]
 
Abdul Salam Dadabhoy says: “There is an old saying, ‘power corrupts and absolute power corrupts absolutely’” (‘Creating more provinces’, Aug 3). The quotation is not actually so old. These words have been used by historian and moralist John Emerich Edward Dalberg Acton, first Baron Acton (1834–1902). He used the following words in a letter to Bishop Mandell Creighton in 1887:
 
“Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” Another English politician, William Pitt the Elder, the Earl of Chatham and British Prime Minister from 1766 to 1778, said something similar in a speech to the UK House of Lords in 1770: “Unlimited power is apt to corrupt the minds of those who possess it”.
 
Like the above quotation, we wrongly attribute the words “Et tu, Brute” to Julius Caesar. The wrong attribution happened to be popularised by Shakespeare (Julius Caesar, Act 3, scene II). Historian Plutarch reports that Caesar was shocked to death on seeing Brutus among his attackers. He said nothing. He merely pulled his toga over his head when he saw Brutus among the conspirators.
 
Shakespeare did not like to see Caesar dying without uttering a word. So, he put those words in his character, Caesar. Shakespeare was a playwright, not a historian. Historian Suetonius also claims Caesar said nothing as he died. However, he says that “others have claimed Caesar’s last words were the Greek phrase transliterated as ‘Kai su, teknon?’: ‘You too, my child?’ in English or ‘Tu quoque, Brute, fili mi’ in Latin. Charles François Lhomond’s De Viris Illustribus, an 18th century summary of Roman history, says Shakespeare used the words “You also, my son?”. Shakespeare used different words. Why? Only he knows.
 
Aside from academic discussion, the historical truth is that it is not axiomatic that power will always corrupt. We know of benign kings like Marcus Aurelius who cared for their people (see Meditations of Marcus Aurelius), and Nero, who didn’t. Corruption is a subjective concept. Even the Transparency International rates countries or people in respect of select peoples’ perceptions as to whether they perceive their government to be corrupt. So a government may be corrupt, but its people may not think so, and vice versa. [Dawn]
 
LIBRARIES IN LAHORE
[Faiza Sultana, Lahore]
 
Jinnah library, one of the most prominent libraries in Lahore, was constituted for the general public. However, there are strict rules and a sum of fees for joining that every student has to pay. There are a lot of private or institutional libraries are in Lahore but these are not easily accessible to everyone. Having proper and numerous libraries is the basic need of every developed and underdeveloped country. The key to the success of every developed country is that their nation is literate and has vast variety of knowledge which the students can only acquire by going to libraries. There should be no restricting criteria for joining these libraries and the fees should be kept to minimum so that more and more people can benefit. A community with a great library is attractive to businesses and chances to introduce their students on international level. For this purpose building more libraries and furnishing them with the latest and up-to-date books is pertinent. [The Post]
 
LIBRARIES IN BAD SHAPE
[S. H. Shah, Bahawalnagar]
 
Libraries in Pakistan are in bad shape. Those in this profession are being deprived of their basic rights and treated with injustice. Libraries and its related departments of studies are established but their rules and regulations and policies have not yet been properly formulated. The Pakistan Library Association, which is the main body that works for the betterment of libraries and for the rights and improvement of their professionals, has only been instrumental in arranging seminars and conferences but seems helpless in other areas like the betterment of the hands working in libraries. A library is an integral part of an institution. Its establishment and services, according to the standard library procedure, cannot be carried out unless qualified professionals are inducted to run the library system. Its better results could be obtained if only professionals are inducted, with good pay etc.
 
They should be designated according to their qualifications. Any discrimination regarding their designation and scales can discourage them from doing their work properly. The authorities concerned should standardise the system so that there would be uniformity of policy in the country. [Dawn]
 
 
 
 
POWER THROUGH WIND TURBINES
[Jalal Ahmed, Peshawar]
 
In the context of looking for additional systems to produce electricity, a report appeared in papers about a post-graduate in Applied Physics who had, in Karachi , been supplying electricity to his home using wind turbine. With help extended by a philanthropist, he is also reported to have provided electricity to 100 homes out of 500 in an island south of Karachi and that these 100 families are saving Rs 1500 each on Kerosene and firewood as a result thereof. Dr Nasim Khan, a retired Brigadier of the EME Corps, now Vice Chancellor of the Hamdard Universiy, is known to have conducted studies on wind power to produce electricity. There may be others. It is understood that there is a large enough north-south or east-west windy rectangle in Sindh with the potential to provide as much as 50,000 MW. It is high time that this source is tapped forthwith. We can sell surplus. India is understood to be setting up wind turbines in its suitable windy areas.
[The Frontier Post]
 
 
 
Edited and prepared by
Khalil Ahmad
 
 
[FreePakistan Newsletter, among other things, is a compilation of views and news taken from the national newspapers’ print and online editions. It is not possible to mention the source of every piece of news or view made use of herein; but as a matter of policy, where possible the source is mentioned with due thanks. However, no opinion expressed here should necessarily be taken as reflecting the view of Free Pakistan Newsletter.]
 
 
 
Disclaimer:
“You are subscribed to the monthly Free Pakistan Newsletter, an affiliate of the Alternate Solutions Institute Lahore, Pakistan. <http://asinstitute.org>. If you have received this message by mistake or wish to be removed from the mailing list, please send an email to subscribe@asinstitute.org with the subject “unsubscribe.”

 

 

More:

Subscribe to our Newsletter:

Email

Hum-Azad

www.hum-azad.org

 

 اردوبلاگ - سب كا پاکستان

Ideas for a Free and Responsible Society

Ideas for a Free and Responsible Society

Request a CD

Charter of Liberty

Sign the Charter of Liberty

 

Charter of Liberty

Download
 

Request a hard copy