CONTENTS:
0 Announcements
0 The Perils of Judicial Populism
By Dr. Khalil Ahmad
0 Economic Progress under Civilian and Military Set-ups
By S. M. Shafi Azam & Vishnu Parmar
0 Issues of the Month: Judiciary’s Moment of Redemption;
and, Unruly Celebration
0 From the National Press
0 Good News
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Quote of the Month:
What stymies the people in poor countries, as a rule, is not lack of aid. It is forms of government, often corrupt and tyrannical, that do not allow people to exercise free choice under fair law.
[Claudia Rosett, Wall Street Journal, March 23, 2005]
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DISCOVER YOUR POLITICAL LEANINGS! World's Smallest Political Quiz
Take the Quiz now and find out where you fit on the political map!
http://www.theadvocates.org/quiz.html
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PHILOSOPHY OF LIBERTY
What is Philosophy of Liberty? A screensaver by Lux Lucre and Ken Schoolland explains it.
Download and install it. http://www.free-market.net/rd/321907219.html ; http://www.jonathangullible.com
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Announcements
BEYOND APEX COURT'S JUDGMENT
The Post of Friday August 10, 2007, published an article Beyond Apex Court's Judgment by Dr. Khalil Ahmad. The article argues it is most unfortunate that the US and Western powers and their statesmen dogmatically believe that it is only a military government, be it that of Musharraf or any other General, that could contain terrorists and fight terrorism. This is quite a mistaken view and outrageous for the people of Pakistan. Constitutionally, the Pakistan Army is an institution that is supposed to work under a civilian set-up. Why doesn’t it fight terrorism and terrorists under the aegis of a civilian government in Pakistan? That is the way to the long-term resolution of the problem of terrorism also, and that is what the present Pakistani government must heed to make the SC’s judgment a win-win situation.
Here is the link to the article:
http://thepost.com.pk/Arc_OpinionNews.aspx?dtlid=111821&catid=11&date=08...
MEDIA RELEASE:
LET THE POOR HAVE WATER, NOT IDEOLOGY – NEW RESEARCH
Lahore August 15, 20007: This year’s World Water Week will see activists gather in Stockholm to discuss ways of getting clean water to the 1 billion people around the world who are currently without it. The new research by Alex Nash argues that if water activists remain blinkered by ideology and continue to oppose private water provision, this goal will not be met. This research paper has been released in Pakistan by the Alternate Solutions Institute, a partner organization of the Sustainable Development Network UK, publisher of the Nash’s research report.
Even though private water provision sees clean and safe water delivered to millions around the world, many politicians and NGOs remain irrationally opposed to the idea that profit should be made from “essential resources” like water. According to the paper’s author, Alex Nash, a water engineer with experience of public and private sector water projects in less-developed countries, this mindset is actively hindering universal access to water and with it the achievement of several Millennium Development Goals.
The truth is that many public utilities in less-developed countries suffer from endemic corruption and rarely deliver services equitably – even refusing to recognize and connect slum-dwellers: “The reality of many state run utilities is not pretty. Bribes, extortion, kickbacks, nepotism, patronage, shoddy technical standards; it’s all in a day’s work.”
Meanwhile, it is the private sector - from individual water porters to larger companies - that fill in the gaps left by dysfunctional state utilities.
The World Bank estimates that in most cities in less developed countries, more than half the population get their water from suppliers other than the public utility. But political opposition to private water could spell the end of such vital services. “The net result of these ideologues’ well-meaning efforts is a staunch defense of the corrupt, lazy or incompetent utility managers and mayors. It is a defense of the comfortable middle classes in developing countries who have cheap water while their poorer compatriots queue and walk all day.”
“Water Provision for the Poor- How ideology muddies the debate” by Alex Nash
For more information, please visit:
http://asinstitute.org/page.php?instructions=page&page_id=684&nav_id=93
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THE PERILS OF JUDICIAL POPULISM
By Dr. Khalil Ahmad
“Judges rule on the basis of law, not public opinion, and they should be totally indifferent to pressures of the times.”
[Warren E. Burger (1907-1995), Chief Justice, US Supreme Court]
The best thing that best explains Supreme Court’s July 20 judgment is: it’s never too late to mend!
As is being claimed it’s historic, it’s daring, it’s a people’s verdict, it’s a turning point in Pakistan’s history; of course, it is all these or may be more than that! But things are meaningful only in a context. Without context, they lose their import also. So, they must be put in their proper context to be understood rightly.
This is more so with Supreme Court’s judgment that unanimously reinstated Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan, setting aside the presidential reference against him. Besides its own significance, what make the judgment unusually extraordinary are the reservations, apprehensions and misunderstandings being thrown out from all the quarters concerned including those who support it. Hence, it is of utmost importance to be able to see this judgment in its proper context so that its implications may be figured out.
There are three temporal contexts the judgment may be placed in: i) what transpired before the reference was filed against the Chief Justice; ii) what transpired from the moment the Chief Justice was in the Camp Office of the President of Pakistan, and Chief of Army Staff, General Pervez Musharraf, to the moment the judgment was announced re the Chief Justice’s constitutional petition in the Supreme Court of Pakistan; and, iii) what is transpiring now after the judgment and what will transpire in future.
Let’s start with the second context: It’s said that lawyers’ movement for the restoration of the Chief Justice was inspired by political motivations: that the lawyers were committing to politics. The objection was raised, debated and contested passionately at every forum. But the whole debate missed the point that neither the Chief Justice nor the lawyers were motivated by power politics. The lawyers are not a political party; they are a lot heterogeneously composed of diametrically opposed political and religious groups and parties. The Chief Justice was (and, fortunately, is) a government official and was fighting his case first in the Supreme Judicial Council and then in the Supreme Court of which he was the Chief Judge. He couldn’t be shown having any such intentions. Nor any such evidence came to the fore.
It was further objected that while traveling to address the bar associations to various cities he led huge processions. It was the first opportunity when he along with his lawyers traveled to Peshawar to address the High Court Bar Association there that they learnt the lesson. Yeah, the most “valid” objection on his traveling to Peshawar by road may be why he didn’t fly to Peshawar! But let there be benefit of doubt this time. It was the first travel of Chief Justice after being rendered ‘ineffective’ and he and his lawyers never knew that huge crowds were awaiting the Chief Justice at every milestone. They were surprised by this unprecedented welcome accorded by the people.
The objection that the Chief Justice like political leaders led rallies assumed that it was the privilege of the political parties’ leaders only, and that the processions or rallies were organized by the Chief Justice and his lawyers (‘his comrades’) to build up a certain campaign. Obviously, it was not like that. The people came of their own to these rallies to show their appreciation of Chief Justice’s NO to a dictator. But you can hang them all for learning the lesson: after the Peshawar travel and address, the Chief Justice’s lawyers used to announce the Chief Justices’ schedule to go to this or that city to address the bar associations beforehand and they deliberately traveled by road. But did he or they make any call to the people to come to welcome the Chief Justice? Never! The bar associations were supposed to do that and that but to lawyers only.
But if you want to hang them all for learning this lesson, hang them all too who were making speeches against the Chief Justice, harassing various potential witnesses to win them to the government side, doing everything that a ruthless government could ever be able to do to have its ‘writ’ established, preparing the affidavits and more references against the Chief Justice in the most bizarre manner, and last but not least, trying to influence the honorable judges hearing the Chief Justice’s petition. But the question is whether the Chief Justice himself indulged in any such activity unbecoming of his status. He never spoke a word outside the purview of the Constitution. He made speeches and read papers which highlighted the constitutional working of a government and, what is most important and emblematic of his judicial activism, he exhorted the lawyers for massive public interest litigation. Is all this political? If all this is political, why our politicians never spoke of it and took to it?
The historic travel of the Chief Justice from Islamabad to Lahore was an eye-opener. It portended a pre-emptive strike from the government and its allies which shaped the things on May 12 in Karachi. The Karachi carnage was the decisive point of the battle that was being fought outside the court room after which apparently the government started retreating from this front; and then it opened a new one against the media. But as the wind had changed its direction, it had to step back from this front also leaving the ban intact on live coverage of the Chief Justice’s travels and addresses that deprived the people of what they wanted to watch and enjoy.
Probably, these and such other objections meant that the Chief Justice should sit in his house and see how the Court proceeds and decides about his case. His counsels should not go out to win the support of the people. The legal community too should not come to his aid or to his rescue; they should limit themselves within their own courts’ premises. All this read together amount to saying that they should have given the government and its machinery an arena where it could demonstrate its muscle power. That this did not happen frustrated the government, and finally made it fatally helpless.
One of the more dangerous objections was that all those Chief Justice’s processions, rallies and addresses were aimed at influencing the honorable court. Some of the Chief Justice’s counsels also made the mistake of uttering such public statements that they won’t accept a verdict inspired by the doctrine of necessity; that they would burn the Court in case of an unfavorable judgment; that they would continue their movement until the restoration of the Chief Justice if the Court did not restore him. This earned a very bad impression to the lawyers’ movement which was being waged in the name of the rule of law.
The cogency of this objection is fatal. The government, its advocates, its supporters and other independent observers were right in asking, what’s the use of this movement if the case is sub judice. They were justified in raising the questions on the nature, character and objectives of this movement. When asked would they accept the Court verdict, the counsels of the Chief Justice used to reply they won’t if it favored the government. They were further asked didn’t they trust the Court. They said they did, but they wouldn’t accept judgment like Justice Munir’s. This was impossible: one can’t trust a thing and at the same time mistrust it. On this issue, the leaders of the lawyers’ movement were confused. They had no clear answer to this objection. They are still without one.
If the Chief Justice’s case was before the country’s highest court of law, what was the need for the lawyers, civil society organizations, political activists and ordinary people to come out to the streets? This is the trickiest question that must be answered to understand the July 20 judgment. Also, this brings us to the first context: what transpired before the reference was filed against the Chief Justice.
There were/are attempts at finding answers to the question. Their focus is the judiciary’s past character. The boldest statement in this regard termed judiciary as B team of Pakistan Army; and appealed to it to act instead as A team of people. The first step towards this transformation of the judiciary was indicated as the reinstatement of the Chief Justice. It was clarified that since in the past judiciary had been legitimizing the military takeovers and providing them with constitutional covers, it was likely that it did slip under the pressure of the present military regime to make an influenced verdict; and that was why a ‘thrust’ from outside the court was needed to give it support. They say hadn’t lawyers come out to the rescue of the Chief Justice he must have still been in a state of house-arrest cut off from the outside world. It was the pressure of this movement transmitted very forcefully by the media especially electronic media that got him released; otherwise he would have been made ineffective literally.
That’s conceded, but when he was out and home in his own Supreme Court with his case before the full bench, weren’t the lawyers then supposed not to be around him, taking him in rallies to various cities to address the bar associations. Wasn’t now it up to the apex court to see to his petition? Why were the lawyers, civil society and political activists there then? It was no business of them to be around the Chief Justice and the Court then.
Another such attempt presently in vogue takes strength from late Justice Dorab Patel. He is being quoted as justifying his role in the bench that validated the military takeover of General Zia-ul-Haque on the plea that ‘how could a few judges stop the coup leader when a nation of 140 million remained silent.’ This unequivocally defends the present lawyers’ movement and the participation of civil society organizations, political and religious parties in it. It worked as support to the few judges in stopping a coup leader. Now Justice Dorab Patel should rest in greater peace that a nation of 169 million did not remain silent.
Does this prove that it was this movement that midwifed the birth of the judgment of July 20? Of course it did, but in the eyes of only those who hold such a view. It is for those who are Dorabians and believe that without such a movement no such judgment could have issued forth from the full bench of the highest court of the country. Also, this requires that they should not believe in the Constitution which clearly dismisses such military takeovers and prescribes the strictest punishment for its violators. It means that the custodian of the Constitution, the judiciary, needs people’s support to protect, defend and interpret the Constitution in accordance with the spirit and provisions of the Constitution. Without this support, the July 20 verdict could not be such a historic one. If it is so, and as it seems it is so, it is most unfortunate for our country and the Constitution as well.
It is here that we enter the third context: what is transpiring now after the judgment and what will transpire in future regarding the judgment.
The nature and meaning of the July 20 judgment as delineated and contextualized above justify the thinking that for all such cases of importance to be decided accordingly popular support will be needed. No popular support, no popular judgment. Or, if it could be worded like this: popular support ensures constitutional judgments. No popular support, no constitutional judgments. Thus, the ethos created by the judgment may appropriately be termed as Judicial Populism. Isn’t it that what Justice Dorab Patel talked about? Isn’t it that what the counsels of the Chief Justice spoke about in their speeches and interviews? Isn’t it that what came to be the target of the government and its proponents’ criticism that the sub judice matters are not contested outside the court?
Under the circumstances, what is more depressing is that we have no inkling of how dangerous and fatal this Judicial Populism may prove to be! This view is corroborated by the sheer absence of the view that judgments are made in accordance with the provisions of the Constitution. Whoever talks about the July 20 judgment, be he a common man or a journalist or a political or judicial analyst or for that matter an expert on law or a retired judge, bonds the judgment together with the lawyers’ movement: that such a judgment was not possible without such a movement. Strangely, they admit that judges are human beings and are influenced by the circumstances prevailing outside the court; but in the same breath, they declare that they judge according to the relevant laws. They are, in fact, in a vicious circle. They have no way out. Why? Because they do not want to acknowledge that their movement was a spontaneous outrage against an outrageous act of a dictator that was deliberately transformed into an organized movement. The focus of their movement was the restoration of the Chief Justice, and nothing else. It’s evident that it has exhausted itself the moment its goal was achieved.
No doubt, their movement gave rise to slogans of utmost importance such as: independent judiciary; rule of law; supremacy of the constitution; and civilian democratic rule. Have these goals been achieved? Or will they be achieved in near future? Very unlikely! However, the first step in this direction has already been taken with the restoration of the Chief Justice and undermining of the anti-constitution forces and strengthening of the judiciary.
But some of the signs, such as intimidation of lawyers differing from the mainstream lawyers and advocating the government’s case, which were already present during the heyday of the lawyers’ movement, now seem to have started maturing. Two recent incidents of coercing of a known journalist, Khalil Malik, and a popular lawyer, Naeem Bokhari, by the legal fraternity are symptomatic. What is most unfortunate is that there is no registering of FIRs or investigations whatsoever. This indicates that the lawyers’ movement is deliberately being transformed into a judicial populism.
Coming back to the contention, it may be asked why the lawyers were afraid of losing the fight. Why didn’t they trust the court? Why did they resort to agitation? Why did they take to the popular support? Why did they put an extraordinary pressure on the court? Why did they openly make statements not to accept any judgment going against the sentiments of the people? Moreover, even now why are they and the representatives of civil society and intelligentsia justifying the popular support to the court to deliver a popular judgment?
The truth in fact is that they did not trust the court, and they were justified in their mistrust of the court. The history of court’s judgments in such matters has been disappointing altogether. It appeared there was no Constitution; stage a coup and take a judgment of your choice. The courts were there to cook whatever was needed to be offered to the uniformed guests. With such a background, how can one, and if that one happens to be a lawyer who knows well the character of the persons sitting in the courts, trust the courts.
But, that’s not all. The story needs to be retold. The man who inhabits the land of Pakistan has no moral values. He has no integrity of character. He is a man of flesh only. He is not a man of principle. He has no regard for the means; his ends justify his means. He has no conscience. In sum, the quality of man in Pakistan is at its lowest. How can then judges go beyond this state of affairs? Justice Dorab Patel admitted that. It is admitted even today by everyone. Judges whether retired or not argue like this: after all judges are human beings. This justifies every act of theirs.
Justice Dorab taunted: If 140 (or 169) million people remain silent, how a handful of judges should stop the coup? Let me be a bit disobedient here: did 140 or 169 million people take oath of protecting the Constitution? No, lords, it were you who took the oath. So, it were you who defied their oath. It were you lords who did not protect the Constitution. It were you lords who lost their integrity. Not the people. You misled the people, and then blamed them.
My Lords, as is said, a judge does not need to be learned in the science of jurisprudence and the laws of the land; it is two lawyers, plaintiff’s and defendant’s, who teach him that; what is required of a judge is integrity of character. My Lords, did you prove that? Or is it otherwise? My Lords, do you need 140 or 169 million people at your back to make judgments in accordance with the provisions and spirit of the Constitution? My Lords, do you know this begets judicial populism. This is begetting judicial populism. My Lords, do you know the perils of judicial populism. It will destroy whatever little is left of the rule of law in Pakistan? It will destroy supremacy of the Constitution, independence of the judiciary, and turn the society of Pakistan into adventurous warring groups of gangsters. My Lords, I believe you did not need any popular support; you did not need 169 million people at your back to protect the Constitution. My Lords, so many people like me who believe in the rule of law are eager to be made sure that you did not need any popular movement to issue the July 20 verdict. My Lords, you know that will change the context of your judgment altogether. That will put your judgment in its proper context.
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ECONOMIC PROGRESS UNDER CIVILIAN AND MILITARY SET-UPS
By S. M. Shafi Azam & Vishnu Parmar
[This article first appeared in Dawn http://www.dawn.com on August 20, 2007.]
Pakistan’s economic history shows mixed performance over the past six decades with GDP growth rates varying between civilian rule and military regimes and also during different periods of the non-democratic set-up.
The economy grew by 6.8 per cent under the first military regime of Field Marshal Ayub Khan, slowed to 6.5 per cent over General Zia-ul-Haq’s period and dropped to an average of 5.5 per cent during President Musharraf’s tenure so far.
However, a study of the key economic and social indicators of two different periods-- the democratic rule (DR)(1989-1999) and the military regime (MR)(1999-2005) – shows that of 6 out of 28 variables, there is no significant difference in their group means. The remaining variables show some difference, with most of them worsening instead of improving during the current military rule.
The main conclusion of this study is that the current military regime has not performed significantly better as compared to the preceding civilian rule. Comparatively, the overall quality of life in terms of education, health, and poverty has also not improved significantly. In fact, it has remained stagnant or even worsened.
GDP: The average growth rate of GDP during the 17 years 1989-2005 was 4.6 per cent. Incidentally, during FY89-FY99, the GDP growth rate averaged 4.6 per cent while during FY00-05 it increased slightly to 4.8 per cent. Though there is no significant statistical difference between the two periods, there is a large variation in growth rates during the FY00-FY05. In the first three fiscal years,1999-2002 the average GDP growth was only 2.9 per cent, and it more than doubled during the next three years to 6.3 per cent- a jump of 3.4 per cent.
The acceleration in the growth rate is explained by events following 9/11, economic reforms and the re-basing on national accounts. The base year of measurement was changed from 1980-81 to 1999-2000. As a result of re-basing, the GDP estimates for 1999-2000 have improved from Rs2,952 billion to Rs3,529 billion--an increase of 19.5 per cent over the old base estimate. Thus, estimated agriculture sector performance improved by 18.5 per cent, industrial sector 18 per cent and the services sector by 21.9 per cent.
Per capita income has been estimated at $526 for the re-based year 1999-2000 as compared to $441 on the basis of 1980-61 base. Similarly, estimates of fixed investment have surged by 34.3 per cent to Rs607 billion over 1980-81 base estimates of Rs452 billion mainly due to improved coverage.
One can safely deduce that the 6.4 per cent GDP growth rate in FY04 and 8.4 per cent in FY05 are significantly over-stated. Unfortunately, the Economic Survey does not provide the data for these two years based on the common base year 1980-81 which would be the right basis of comparison for all the relevant data being analysed in this study.
Investment and savings: The total investment as percentage of GDP during the democratic era was 17.93 per cent, while under military rule it dropped to 17.07 per cent. The T-test and ANOVA test results show that there is no statistical difference between the two periods. The share of industry in GDP was relatively constant at 24.85 per cent of GDP for both periods. It was slightly higher at 25.59 per cent under civilian rule and dropped to 23.5 per cent under the military regime as the share of the services sector went up to 52 per cent. Over all, there was little variation during the two regimes.
Savings as a percentage of GDP averaged 15.16 per cent for 17 years (1989-2005). It averaged higher during the military regime at 17.67 per cent and averaged lower at 13.79 per cent during the democratic era. It was 20.80 per cent in 2002-03 mainly after 9/11 because of increased remittances.
Defence spending: Though the volume of defence spending has been increasing every year, it, as a percentage of current expenditure and GDP, has been declining. The average defence spending ratio of current expenditure during (1989-2005) was 22.25 per cent. It was highest at 26.5 per cent in FY90 and lowest at 18.5 per cent in FY05.
The main reason for the reduction in defence spending as a proportion of current expenditure is due to ‘creative accounting’. Several items which are part of defence spending such as the salary and pensions of active and retired personnel of armed forces are included in the civilian budget.
Unemployment and inflation: There is significant statistical difference in the unemployment rate and Consumer Price Index in the two compared periods. The average unemployment rate during 1989-2005 was close to six per cent. During the civilian rule it averaged 5.19 per cent and increased to 7.52 per cent during the current military regime. Despite high growth rate like 8.4 per cent in 2004-05, and 6.40 per cent in 2003-04, the unemployment rate has increased which shows that the benefit of high growth rate is not benefiting the people. Unemployment touched the highest ever at 8.70 per cent in FY05.
The average inflation rate when measured by the consumer price index was 8.14 per cent during the last 17 years and 8.60 per cent when measured using the GDP deflator. It averaged close to 10 per cent during the democratic era and 4.75 per cent during the military regime.
Budget deficit: Budget deficit averaged 5.89 per cent of GDP during the last 17 years. It averaged close to seven per cent in the democratic era which is much larger than 3.95 per cent under the military regime. It was better contained within three to 4.3 per cent of GDP .
Trade: Exports as a part of the GDP was 12.92 per cent during 1989-2005. It was almost the same during the military regime at 12.95 per cent and the democratic era at 12.91 per cent. Export growth averaged 11.38 per cent during the military era and 5.45 per cent during democratic era.
Remittances: The average worker remittances as a ratio of GDP was 3.15 per cent during the last 17 years—civilian’s 3.13 per cent and military’s 3.21 per cent. So essentially, there is no difference in the workers remittances as a proportion of GDP during the two periods.
Foreign exchange reserves: Robust foreign exchange reserves position reduced vulnerability of the exchange rate and provided some stability to country’s currency value.
Education: Investment in education grew by 2.18 per cent of the GDP during the entire study period--- 2.28 per cent during civilian rule and two per cent during military regime. This important area was equally neglected by both civilian and military governments.
Health: The average growth rate of investment in health sector during the 17 years of study (1989-2005) was 0.7118 per cent. It was 0.74 per cent under civilian rule and 0.67 per cent under military regime.
Poverty: During 1989-2005, the growth rate of poverty was 30.13 per cent. The average growth was 31.7 per cent under military regime and 29 per cent during the democratic rule. The definition of poverty differs from country to country. The level of poverty is defined by the government by the benchmark of rupee value of Rs25 a day or Rs748 a month-- enough to afford 2,350 calories a day. Anyone earning less than this is considered as absolute poor. [Courtesy Dawn]
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Issue of the Month: Judiciary’s Moment of Redemption
OF EMERGENCY & RULE OF LAW
[Hashim Abro, Islamabad]
Thanks to lawyers struggle for restoration of Hon’ble Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry that much-needed intellectual fire is ignited in this country too. People of Pakistan are becoming understandably concerned about their fundamental Rights as enshrined in the Constitution of Pakistan. They want freedom from mafias, freedom from brutal land lords, freedom from self-centred industrialist. Freedom to maintain their religious, social, cultural and moral values — decency, honesty, tolerance, toleration etc. People want protection and for that they do not look to other institutions, such as Parliament of Pakistan and Executives, but only to the courts, both the subordinate and superior courts. They want to be secure and free; and they want to know that the institutions of this country which help provide both those essential ambitions are properly working to achieve them. The Constitution always matters, perhaps particularly in times of emergency. Indeed, in 1941, in the midst of hostilities, an English law lord, Lord Atkins, wrote that “the laws are not silent. Their substance may change, but they speak the same Language.” He added that England was engaged in a struggle for the right to maintain a government that would protect the liberties of its citizens.
The nation seems to be united in its determination to defend the values of our society. These include; democracy, tolerance, pragmatism and the rule of law. It really augurs well that the Supreme Court of Pakistan and Provincial High Courts are meeting both the challenges of the 21st Century and the expectations of the people of Pakistan. And our system of justice, hopefully, will continue to improve, if our honorable judges and the learned members of bars, all of them keep on learning and enhancing the way they do things for the better protection of individuals and Society as a whole. [Pakistan Observer]
TIME TO REVIEW VERDICT IN Z. A. SHAH CASE
[Aziz Narejo]
Several judges had been sent home on one or the other pretext in the past. Such actions have never faced any significant resistance from the judiciary or the citizenry. Things somehow changed on March 9 when the chief justice of Pakistan was asked to resign but he refused to oblige.
The regime did not expect it. After all, the chief justice had earlier the taken oath under the PCO, along with other fellow judges who had later validated the military takeover in the Zafar Ali Shah case of 1999. In the verdict in that case, the Supreme Court had not only shown an unprecedented largesse and given the military dictator three years to rule the country but it had gone even further and had given him the powers to amend the Constitution. None of the previous judges had done that. Not even the trendsetter Justice Munir had gone that far. The interesting thing is that the military regime had not even asked for such powers during the hearing of the petition.
Whatever made the CJ take that bold stand on that fateful day, it made him an instant hero. His courage, the lawyers' relentless struggle and the overwhelming support of the masses made it possible for the Supreme Court judges to set aside the reference and reinstate the head of their institution. It surely gives a good reason to the lawyers’ community and the general public to rejoice.
The SC verdict is rightly perceived as a welcome break from the past. It gives a hope to the people that the courts would not be subservient to the military establishment in future, would not validate or uphold military rule anymore and the doctrine of necessity would be buried for ever. The people also have a hope that the courts would stand for the rule of law, would dispense justice and protect the basic rights of the citizens.
One should, however, be very cautious in celebrations. The military (or even civilian) dictatorship(s) may undermine the independence of the judiciary anytime. The lawyers and the people have to be vigilant against any such attempts and have to focus now to end the military rule, establish civilian supremacy and ensure that the military performs its duties according to the Constitution. They should redouble their efforts to establish a true democratic rule in the country as it is the best guarantee for the independence of judiciary.
The people should also be vigilant against any curbs on the media and make sure hat no military or civilian ruler subverts the independence of the judiciary in future. Similarly, the judiciary should also assert itself and uphold the constitutional rule. It should never allow any adventurer to destabilise or overthrow democratic governments. It is also a right time to file a petition to review the verdict in the Zafar Ali Shah case of 1999. [Dawn]
CJ REINSTATEMENT
[Mohammad Asif, Ontario, Canada]
The Chief Justice of Pakistan has often stated that he is a man of integrity and believes in the rule of law. The country has taken his word for the past three months. Now that he is back at his job, the most honourable thing that he should do is a) revamp the subordinate judiciary at the district and tehsil levels so that true justice is accessible and deliverable to the common person, and b) enforce resignation of his son from government service. [The News]
‘HARMONIOUS TIES’
[Muhammad Mahtab Bashir, Islamabad]
It was a bright sunny day of Friday (March 9) when President Gen Pervez Musharruf in his uniform called upon Justice Iftikhar Muhammad Chaudhry to his camp office and asked him to tender his resignation showing his antagonistic supremacy, the CJ ignored the offer. The chief justice's refusal to surrender was unprecedented in the legal annals of the world.
Gen Musharraf filed a reference to the SJC. Later on, reference against the Justice Chaudhry proved fabricated with a lot of personal grudges involved. After filing of reference, the CJ was deprived of using the facilities of telephone, television and other necessities of life. He was detained in a room and physically and mentally tortured.
A few evenings before, Gen Musharraf in his speech said: "Personal egos must not be a part where national interests were involved." He further said he had personal relations with the chief justice. "We have family ties and hope to maintain same harmonious ties in future." I must make aware the CJ to beware of such harmonious ties. [Dawn]
HISTORIC JUDGEMENT
[Razi Alam, Karachi]
With their land mark judgment reinstating Chief Justice Iftikhar Mohammad Chaudhry, the honourable judges have made history. Maulvi Tamizuddin Khan, president of the first constituent assembly of Pakistan, approached the Sindh High Court in 1953 after the then governor general Ghulam Mohammad had dissolved the government of Khawaja Nazimuddin. Chief Justice Sir George Constantine of the SHC accepted the petition and restored the assembly. However, Ghulam Mohammad filed an appeal in the then federal court and Chief Justice Mohammad Munir upheld the dissolution of the assembly on technical grounds and ruled in favour of the governor general. The "judgment of Justice Munir has become something of a bad precedence," Justice Ramaday observed during the hearing of the CJ on May 22, 2007.
In the modern society the chief justice is the symbol of justice and the last hope of the oppressed people. It is excruciating to say that in an autocracy even the chief justice seeks justice. One can imagine what it is like for the common man. No doubt the judiciary showed courage and delivered a verdict that is unprecedented in our history. But now the challenge for the judiciary and all segments is to eradicate all ills from the society and struggle for the achievements of lawful rights of the citizens. We should build a society where easy and timely justice is provided to all. The nation is also expecting an inquiry under the honourable judges of the Supreme Court into the bloody events of May 12, Lal Masjid. [The News]
NAEEM BOKHARI
[Kazim Aizaz Alam, Karachi]
I was immensely hurt to read that a group of zealots pelted Naeem Bokhari advocate with stones (Aug 9) in the premises of a Rawalpindi court and as a consequence police had to escort him to a clinic for first aid. The protesting mob threw rotten tomatoes at him, tore his clothes and chanted slogans against his former wife.
Pakistani political commentators hesitate to defend Mr Bokhari in public for reasons unknown. To my best knowledge, no column/editorial has yet appeared in a national newspaper, attempting to remind people that the president didn't file the reference against the chief justice at the behest of Mr Bokhari. I pray for the sanity of a nation which utterly denies its citizens their right to self-expression. [Dawn]
GOODWILL GESTURE
[Ali Hassan, Lahore]
Now that the chief justice has been reinstated, another case related to him still awaits announcement of its decision and that is the contempt of court case based on physical mishandling of the chief justice at the hands of Islamabad administration and police on March 13. It was the first day of hearing of reference against the CJ in Supreme Judicial Council when the CJ refused to take an official vehicle and started for the Supreme Court on foot. He was, however, intercepted on his way by heavy contingent of police who manhandled him and pushed him into a vehicle.
The matter was widely reported in the media immediately afterwards and judicial inquiry by a judge of Peshawar High Court was ordered into it by the then acting chief justice. The inquiry officer found the officers guilty and contempt of court proceedings were initiated against them in the Supreme Court. Initially the officers denied the charges of physical abuse but later on when they were confronted with video clips and photographs, finding no way to escape, they tendered unconditional apologies to save their skins as well as postings.
The decision of the case by the three-member bench was thereafter sealed and has not been announced even after passage of so many months. I request the bench to announce the decision and if the officers were found guilty of abuse, exemplary punishment should be awarded to them so that no one ever tries to touch esteemed members of the judiciary only to please the masters in future. Moreover, if as senior a person as a chief justice of Pakistan is not safe at the hands of police, what can we expect for the common man? Alternatively, the government, which has been claiming of late that it intends to mend fences with the judiciary, should remove those guilty of mishandling the chief justice from their posts as a good will gesture. [The News]
AFTER THE CJ’S RESTORATION
[Dr Mervyn Hosein, Karachi]
Such have been the earthshaking implications of the restoration of the chief justice of Pakistan that the entire world was riveted in anticipation. For us too, and I must confess I had long forgotten that there was more than one pillar that held up this tottering state, the judgment came as a shock, albeit an ecstatically received one. History, and history has not been too kind to us so far, will record whether this judgment marks a watershed for the nation.
Will the nearly destroyed institution of the judiciary re-establish itself from the ashes? Will this be the turning point where the legislature is spurred on to work for the welfare, progress and better future of the people?
Will the executive now work within the confines of the Constitution and rule of law? Now, as a welcome diversion from wondering whether we will be sooner exterminated by our own home-grown terrorists or western adventurism, we have something else to look forward to and indeed to want to live for! The continuous conviction of the legal community was amazing and probably, even for them, astonishing.
Their unswerving activism generated unprecedented outpourings of mass public support. Much credit for this goes to the media for driving home, in real time, the events across the country. This was the domino effect of the true ‘power of the people’. It would probably not be incorrect to suggest that this gave constitutional strength to the hands of the deliberating judiciary.
Two new pillars of the state have risen. The judiciary and the media have shown that they can play pivotal roles in bringing us into the comity of nations rather than remaining baskets in a banana republic.
As the euphoria of the moment settles into harsh reality, we, the otherwise silent and / or chattering majority, pray that these pillars will continue to strengthen, support and sustain each other and help build an edifice firmly supported equally on the four, or our five, pillars.
Within the framework of the Constitution and the rule of law that emanates from its Unity, Discipline and not just irrationally blind Faith can guide this nation as Mr Jinnah envisaged.
There is great hope if all parties show the emotional maturity and magnanimity to keep national interests supreme from this point on. Otherwise, as history repeats itself in, ‘what will the future be? Que sara,sara!’ [Dawn]
NAEEM BUKHARI INCIDENT
[Abdul Rehman Khilji, Peshawar]
In the past few months the judiciary and the lawyers unquestionably have had a re-birth in Pakistan. The recent struggle has not only shown unity but also given the judiciary independence which has been a requisite for the last 60 years. The incident with Mr Naeem Bukhari is not very pleasing.
He is one of the senior and well reputed lawyers of the country. If we demand freedom of speech and rights etc., then I believe we should not limit these rights of others to our personal likes and dislikes. If Mr Bukhari expressed some of his views through a letter I believe it is his full right to do so and if one has an objection to it, there are many other ways of placing a protest, but the kind of behaviour shown is not justifiable and certainly not ethical. And if someone claims it to be the right way then I believe there are many more honourable people who deserve the same treatment in the first place. [The News]
STANDING TOGETHER AGAINST OPPRESSION
[K.M. Siddiqi, Lahore]
"Plus ca change, plus c’est la meme chose", that is, the more things change, the more they remain the same (Alphonse Karr). The movement led by lawyers and joined by civil society was unprecedented, indeed. As Kuldip Nayar has written, not even the democratic India has anything like to show for it. A septuagenarian, I, too, was out on The Mall, joining my voice against the arrogance, high-handedness and tyranny of Gen Musharraf to those of the thousands who formed the Thursday processions, week after week.
The political atmosphere, though, alas, continues to be as murky as ever: the same shady deals, palace intrigues, unholy couplings that have characterised the doings of these political pranksters and tricksters since the early days of Pakistan. Benazir Bhutto’s cupidity and prevarication is breath-taking. And Nawaz Sharif? If the generals had not upset his apple cart, he would have ended as a latter-day Khalifa-tul-Momineen.
Remember the Shariat Bill he had almost pulled off? In a recent article in this paper, Sajjad Ali Shah has unfolded the sordid drama of his ouster as chief justice of the Supreme Court by Nawaz Sharif and the unseemly spectacle of his fellow judges playing ball. I believe that it is the unholy machinations of mullahs, in collusion with the military, that have primarily vitiated the vision of Pakistan as a tolerant, humane and sane polity, starting with the passage of the Objectives Resolution and the anti-Qadiani riots, inviting the first martial law, the harbinger of the later ones. Add to this lot the nefarious feudal coterie.
Among the new voices, one had thought so much of Imran Khan but, sadly, the great Khan has chosen now to sleep with the MMA. It is then to the lawyers who have done us proud that one would look up too. More verve and tenacity and resolve to the likes of Munir Ahmad Malik, Aitzaz Ahsan and that lovable firebrand, Ali Ahmad Kurd.
I fervently hope that in the coming days the legal fraternity, the judiciary and civil society will collectively stand together as a bulwark against forces of exploitation, of whatever hue, and work for the realisation of seeing Pakistan as a true federation ensuring the rights of all sections of society, an egalitarian economic system, the army back in the barracks where they belong, and the national resources within reach of everyone. [Dawn]
PUNISHMENT ENOUGH
[Ghafir A Pirzada, Islamabad]
Admittedly, the letter addressed to the Chief Justice of Pakistan by Naeem Bokhari was condemnable, to say the least, but he does not deserve to be treated in the manner that he has. Also, as far as I know, he has hardly appeared in any court since the reference against the Chief Justice was filed. Isn't that punishment enough? Does the lawyer community want to take away his livelihood forever? Even the constitution does not allow that.
We seem to forget that the aggrieved party in the whole case is the Chief Justice himself but even he seems to have chosen to not respond to the infamous letter. I advice the community of lawyers to let Mr Bokhari be. [The News]
CJP MOVEMENT: SOME QUESTIONS
[Dr Muhammad Wasim Mirza, Jhelum]
The judiciary, the media and majority of the public rejoiced over the triumph of the Chief Justice of Pakistan in obtaining justice from a 13-member full bench of the Supreme Court. Indeed it was a historic moment in the sixty turbulent years of Pakistan. It is bound to help in creating the essential balance of power between the executive, the legislative and the judiciary. Such a balance is necessary for establishing a truly democratic society based on social justice. But the manner in which this movement has unfolded has also aroused some legitimate concerns among thinking Pakistanis:
* Why did the chief justice deem it fit to initiate a mass movement in favour of his rightful stand rather than confining it to the courtroom? Didn’t he have faith in his own team of judges that they would deal with him fairly? If the answer to this is ‘yes’, doesn’t it expose the fragility of the apex court and its vulnerability to either executive or public pressure in the course of imparting justice? Would the chief justice like to advise the common man to use the same recipe and utilise street power, if he can, to obtain justice, without harbouring any fear of being sent to jail for contempt of court? Or would he like to bring about revolutionary change in the working of this esteemed institution so that no pressure of any kind would be able to impede the delivery of justice to even the weakest person in this country.
* This great movement became instrumental in infusing new life into an otherwise flaccid body of opposition. Workers of the different political parties freely participated in the processions led by the chief justice and were even allowed to bring their ‘party flags ‘and deliver speeches in the CJP’s favour at reception camps arranged by the bar councils in different parts of the country. Thus there seemed to be a deliberate attempt to make an otherwise purely judicial issue into a political one. Should this methodology be allowed to obtain justice?
Addressing these concerns is important not only to keep the momentum in the right direction but also to prevent masters from becoming monsters and saviours turning into exploiters in the future, as witnessed by the nation in the past. It is not only in the best interest of the public but also for the judiciary itself to address these concerns. The means to reach the end is as important as the end itself. [Daily Times]
CJP MOVEMENT: SOME ANSWERS
[Shabnam Malik, Lahore]
This is in response to Dr Muhammad Wasim Mirza’s letter “CJP movement: some questions” (Daily Times, August 5). Mr Mirza is curious and sceptical about why the chief justice initiated a “mass movement in favour of his rightful stand rather than confining it to the courtroom. Didn’t he have faith in his own team of judges that they would deal with him fairly?” Mr Mirza contends that if in fact this was true then “doesn’t it expose the fragility of the apex court and its vulnerability to either executive or public pressure in the course of imparting justice?” I think judging from his assertion, it is clear that Mr Mirza did not follow the events of the illegitimate reference filed against the CJP, which prompted the mass protests over the last four months.
The manner in which our military ruler and his coteries slapped an illegal reference on the CJP was the strongest indication that they considered our apex court fragile and vulnerable. If the mass agitation ensuing the reference did not display the people’s resentment against the illegal tampering with our judicial system, this injustice would not have come unstuck. Our judicial system was hardly secure enough to give an impartial and fair verdict. It was essential for the people to stand up for their rights as the law concerns all of Pakistan’s citizens. [Daily Times]
BEATING A LAWYER
[Talat Mehmood, Rawalpindi]
After Khalid Ranjha, now Naeem Bokhari has been beaten by some lawyers. This is most unfortunate, especially given that the misdeed was condoned by some senior lawyers as well. These people should know that their struggle to restore the Chief Justice of Pakistan to his post may have been supported by the public but that should not be taken to mean that the latter will support any unlawful action as well.
These people should also know that there are still people who think that President General Pervez Musharraf has done a good job. That he had the courage to address almost all the problems of Pakistan that others did not dare touch. They should also know that everybody has a right to have an opinion and nobody has the right to force his or her opinion on others. I would request the CJP to take suo motu notice of this incident. [The News]
USE IT WITH DISCRETION
[Nasir Bajwa, Quetta]
July 20, 2007 was a momentous day in the history of our nation. The decision by the Supreme Court to re-instate the Chief J, albeit long overdue, will hopefully prove to be the first step towards an independent judiciary. It is a victory for the rule of law in this country and we should all savour it. However, the court should not get carried away. While suo motu action is required in many instances, we are now witnessing too much of it. Judicial activism is a device that needs discretion. Everyone agrees that there is a lot wrong with our country and perhaps the judiciary is the most obvious institution to fix these problems. But the courts are certainly not the most appropriate institution for doing so. That is the job of the executive and the legislature, working in tandem with each other. The courts’ primary function is that of judicial review. They should show some restraint and get involved only with cases that significantly affect our march towards better governance and stronger institutions.
[Daily Times]
REFORMING THE LEGAL SYSTEM
[Omer Salim Khan, Basingstoke, UK]
Sitting here, far away from home, and thinking of all the havoc back there and the failed promises of 60 years, it is heartening to read about various actions being presently taken by the chief justice/Supreme Court of Pakistan -- often on a suo moto basis.
It seems that the Supreme Court is increasingly becoming a source of hope for the whole nation, especially ordinary people who under normal circumstances find it very hard to have quick access to justice. In a way, the Supreme Court has regained its lost prestige and come to signify the only truly reliable institution in Pakistan. However, I would like to please ask this: how long can the Supreme Court go on like this? And how far is its present role sustainable.
Ultimately, the whole system in Pakistan is rotten. And the judiciary and lower courts, with all due respect to the honourable apex court, are by and large counted amongst the most incompetent institutions in the country. I have direct personal experience of for restitution of some property, which was brought before the civil courts some 21 years ago; and has still not been decided. I'm sure many, many people will sympathise with my experience and have similar tales to tell.
In the long run, as Max Weber put it, statehood and political development implies a struggle between 'bureaucracy [as in institutions] and charisma". No nation with a weak institutional set up can truly prosper. Charismatic leadership isn't enough. So, the SC and the chief justice will have to give a lot of serious and urgent thought to how to go about reforming the whole legal framework and all the courts in Pakistan at this critical point in time. Otherwise, justice will never ever be really accessible to the public and the SC itself will have to bear the unsustainable burden of all the nation's woes. Let us mark this 60th anniversary of nationhood by bringing into action true changes for the better. [The News]
OUR JUDICIAL ASSETS
[Dr Jaffer Kapadia, USA]
Justice Jawad Khawaja resigned in protest against the suspension and maltreatment of Chief Justice Iftikhar Muhammad Chaudhry. Some judges of the lower courts, including a lady judge, had resigned to show their solidarity with the CJ. In a country where collective moral values and principles have nose-dived, the lady and her colleagues who resigned stand out providing us hope that not all is lost. They put their careers on the line to uphold the cause of justice, which indeed is a rare phenomenon. We have seen too many in high places who, despite being left with egg on their faces, continue to hang on to power shamelessly.
It is in place, therefore, to restore all those who resigned from the date on which they tendered their resignations immediately. The CJ too was restored to his position of March 09, as if nothing had happened, even though the whole nation had come out on the streets to support him. The nation must salute the judges among the judiciary who decided to sacrifice their careers for the sake of their principles. They are our assets. [Daily Times]
DOUBLE STANDARDS
[Raja Shafaat Ullah, Islamabad]
During the judicial crises the legal fraternity showed such an unprecedented solidarity with the chief justice that innumerable illegal activities and excesses committed by lawyers have gone unnoticed. The ill-treatment meted out to Dr Khalid Ranjha, a government advocate, and the chasing of Senator Wasim Sajjad by a mob were ignored. The locking up of two judges of Sargodha and Jhang in their courtrooms for a full working day too went unnoticed. Advocate Naeem Bokhari was made a villain for writing and open and signed letter, not an anonymous one, against the chief justice. If its charges were false, frivolous or scandalous, he could have been prosecuted and punished according to the law because the lawyer's community was struggling for the rule of law.
Recently when Mr Bokhari tried to perform his professional duties for which he might have received a fee, he was beaten by members of the most respected legal community and prevented firm pleading his case before the additional district and sessions judge Rawalpindi. Justice was obstructed. The government took no action against the lawyers who took law into their own hands for fear of their resorting to strikes. The result is that lawyers harass their opponents and are creating a monopoly for themselves to the exclusion of all others who disagree with them. The chief justice may kindly take suo motu action against such unlawful activities. [The News]
PROMPT IMPLEMENTATION OF SC’S JUDGMENTS NEEDED
[Q Isa Daudpota, Islamabad]
Many important judgments of the superior courts remain unimplemented by the Executive. In the past, courts lacked the courage and power to pursue this lacuna. Now rejuvenated, they should unearth all past judgements and order the government to ensure compliance. The serious case involving over 150 illegal and unsafe high-rise buildings in Murree is a case in point.
On June 12, 2003, the Tehsil Naib Nazim of Murree reported to the Secretary Local Government, Punjab, via letter 1572/TNN, the presence of an 11-storey commercial building called “Unique Heights” at Kashmir Point — its demolition was requested. This building and other illegal structures remain unscathed as they have influential backers. Unique Heights’ owner is Mr Khursheed Abbasi, the former Tehsil Nazim! And he had approval for only a 2-storey building.
The April 1999 order by the Lahore High Court to demolish the structure was appealed in the Supreme Court by Mr Abbasi. The bench, comprising Justices Nasir Zahid, M A Mirza and A R Khan, rejected the appeal and ordered the building demolished in June 1999. Eight years on, the building stands untouched.
Murree, once a beautiful hill-station, has been turned into a concrete slum. The unchecked greed of the building mafia, abetted by the nazims and their overlords will make matters worse. Don’t be surprised if many of these buildings collapse due to the poor construction quality. The time has come for the Supreme Court to insist that all illegal high-rises in Murree be demolished without further delay.
This suggestion was echoed by Justice Nasir Zahid (R) in a news commentary on a private TV channel on August 25, 2007. The misuse of power that has resulted from devolution needs to be checked. The best lesson to those who have betrayed the trust and power entrusted on them is to show them that the illegal properties owned by them and their cronies will be demolished immediately by order of the Supreme Court. Is it too much to ask that by September’s end, Murree will be free of this menace? [Daily Times]
UNLAWFUL MOVEMENT
[Syed Gb Shah Bokhari]
The recent judicial crisis lasting 134 days, from 9 March to 20 July, made judicial history when a sitting Chief Justice contested Presidential reference lodged against him; and won.
The other winner is President Pervez Musharraf who accepted the verdict of the Supreme Court wholeheartedly and thus upheld the status of the highest judicial body in the country. During this period, however, the lawyers who claimed to fight for the supremacy of the law, adopted measures which actually demolished the very foundation of law.
It is the basic requirement of law that any case under proceeding in a court of law is not to be commented upon nor any physical gesture shown that could affect decision-making.
Shockingly, during the 134 days saga of the legal battle while the Presidential reference was being heard in the premises of the apex court in Islamabad by the honourable judges, the lawyer community was demonstrating on the Constitution Avenue in favour of the defendant: simultaneously, raising slogans against the petitioner. That shows the kind of decision the community wanted, merit of the case notwithstanding. [The Nation]
JUDICIAL ACTIVISM & CIVIL SOCIETY’S ROLE
[S. Bukhari, Karachi]
The nation is rejoicing at the restoration of Chief Justice Chaudhry Mohammad Iftikhar, whose struggle was generally supported by all segments of civil society, with the lawyers being in the vanguard of this campagain. The solidarity of the masses proved that we are a nation and not a mob.
This kind of stand is also expected from the political leadership of the country as they claim their roots are in the masses. Had they put their foot down like the chief justice did, things would have been different long ago.
The character of Nelson Mandela, who braved the apparatus of state coercion for 27 long years, is a most recent phenomenon. But, why should our politicians adopt him as for them politics is no more a public service, rather it is an industry where people enter to grab benefits.
It may be appreciated that judicial activism only cannot solve myriad problems confronting the general masses, that alone by suo motu actions even though exercised on a big scale.
It appears that the executive branch of our state has virtually collapsed, at least for public advantage. The failures of the administration have pushed the people to seek help from the judiciary, even for their trivial problems.
The fact remains that the larger section of our population is illiterate. At times, even knowledgeable people fail to understand the complex provisions of law. Therefore, a petitioner is at the mercy of lawyers during the entire procedure which begins from filing of the complaint, its proceedings and up to the final outcome.
If the lawyer is conscientious, the person would demand reasonable charges and will be sympathetic and loyal to the cause of the client, otherwise the whole struggle of the petitioner will end up in wastage of money and efforts. The practice of following the complaints in person is in vogue in higher courts but due to high cost it is very limited.
Therefore, it is desirable to reduce the court fees. The appointment of extra public attorneys may be made who should extend meaningful assistance to the petitioners. To encourage people to appear before the judge in person, the cause list of such cases may be made public through newspapers.
The honourable members of superior courts may like to study judicial system of our next door neighbour, Iran, where the petitioner only takes the trouble of registering the complaint in the religious court, having no charges of any kind. A thorough and fair inquiry immediately starts and the process completes in the shortest possible time.
The verdict given by the judge is normally acceptable to the plaintiff and the respondent with negligible rejection by the contestant parties. The system is working so efficiently that a majority of people approach the religious courts for arbitration. However, conventional courts are also available.
The members of the judiciary are being paid ridiculously lower remuneration, not sufficient to meet everyday expenses. The generous increase in pay scales and facilities will contribute a great deal to enhancing the performance. The numerical strength of judges in the courts must be commensurate with the workload at all times and the position that falls vacant may be filled in without loss of time. The hapless citizens wish that henceforth the rule of law shall replace the rule of thumb in our country. [Dawn]
FREEDOM TO CRITICIZE
[Shams Zaheer Abbas, Lahore]
Will someone tell me what constitutes contempt of court today? For instance, Naeem Bokhari's letter is thought by many to have triggered a major crisis in the country but he was not hauled under the contempt laws. However, prompt action has been taken against a minister. An ordinary citizen like me needs to be educated on what constitutes freedom of speech and why is it selectively applied. The lawyers can criticize the executive and the army and that is not contempt while an expression against another institution is.
Am I expected to suppress my opinions against one institution and air it against another. Where does one draw the line? As public expectations rise, the responsibility for acting correctly will assume increased importance and all involved in the process will have to take a very comprehensive look at happenings, past and present, to justify specific actions. The use or misuse of power is the root of all evils and as more power comes to the previously dormant institutions, the importance of error-free actions will shape the foundations of our future, failing which the consequences will be dangerous. [The News]
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Issue of the Month: Unruly Celebration
DISRUPTION IN THE NAME OF CELEBRATION
By M. H. Khan
[This feature first appeared in Dawn http://dawn.com on August 23, 2007.]
The way occasions like Independence Day and other religious festivals are being celebrated by young people has become a cause of concern for citizens, as violence and lawlessness have crept into these festivities. Peaceful events till a few years back, are no longer peaceful in Hyderabad.
Youngsters come on the roads in hordes and ride their silencer-less bikes at breakneck speed on such occasions. They break traffic laws and pay no heed to road safety measures. They cross all norms of decency and not only risk their own lives but also endanger the lives of others.
However, what happened on the 60th Independence Day celebrations was unprecedented. Over 90 boys, mostly students, suffered bone fractures, head and other injuries in accidents while doing acrobatics. They blocked main roads and danced while unfurling the national flag to show their patriotism. They threw caution to the wind by exploding powerful crackers. Indifferent to the plight of the sick and elderly people, even ambulances were not allowed to move.
Five persons, including a young girl and a boy, were hit by stray bullets in separate incidents on August 13, due to intense aerial firing in Latifabad, Tilak Incline, Saddar, etc.
The police were oblivious of their duty, despite Hyderabad police chief’s claim that around 3,000 personnel would be deployed on Independence Day to maintain law and order. He had also claimed that the intelligence network would be enhanced and two round-the-clock operating control rooms would be added to cope with any emergency. “Close circuit cameras would be installed at important public places and roundabouts to monitor and detect activities of miscreants,” was also stated by him.
The police remained in the police stations while a state of emergency was witnessed in the two main government hospitals of the city as injured youths were admitted there due to accidents.
Families who previously went out to see illuminated buildings now avoid such visits as overexcited youngsters riding motorbikes at high speed create a rowdy atmosphere. Fights also erupt in such places.
Wheeling drive, a popular pastime, has become a regular feature. Bike races and contests on the main arteries of the city and Latifabad are common. There are numerous cases of major bone and head injuries and in some cases lives have been lost, too.
The police don’t check the bikers’ driving licenses or documents, which can curb such practices to a great extent. However, the traffic police personnel were seen taking money from mini-buses and truck drivers, and bike riders in the name of checking.
“These youngsters celebrate such events in this style as they have no alternative. The government doesn’t hold functions or musical concerts even on occasions like August 14 to provide an opportunity to people for recreation,” commented a concerned citizen.
Here the role of political parties becomes important. They must guide their cadre about how to conduct themselves and celebrate such events in a civilised manner. Nobody objects to celebrations or having fun at festivals, but there must be some sense of responsibility as well. [Courtesy Dawn]
INDEPENDENCE DAY CRAZE
[Sarah Mushtaque, Lahore]
On the eve of August 14, my friend and I had the misfortune of visiting Main Boulevard in Lahore. I spent an hour and a half on a route that usually takes 15 minutes to navigate. While this was primarily due to traffic congestion, it was interesting to observe that advertisements on vehicles were resulting in this congestion. The police had blocked most of the main routes in the city and were incapable of guiding us to alternate routes. Every motorcycle had four riders, riding backwards — a recipe for disaster. The youth of our country were displaying vulgar dance moves to Indian songs, many of them shirtless. With other boys at that! Older men who were out with their families seemed quite excited at the sight of girls driving alone. Our constant companion, apart from the topless boys and reckless traffic, was a large bulldozer with a boy dancing on it. Of course, there were hardly any women in sight. The few that had dared to come out were being harassed by mobs of uncouth boys.
These senseless crowds stoop to such low levels of decency that no sensible man can leave his home, let alone a woman. They are also oblivious of ambulances on the road, a number of related deaths were reported on August 14. After a 60-year slumber, the nation should at least wake up and set itself certain basic standards of behaviour. Did we create this country for such hooligans? [Daily Times]
INDEPENDENCE DAY
[Syed Khalid, Azad Kashmir]
We had more rights when we were slaves of the British crown and though we may have been poor, we all had access to justice. Sometimes, it seems that we became independent to pursue corruption, mis-goverance; enslave others, and simply exhibit a Midas touch in reverse. Everything our politicians have touched has turned to ashes and every promise they made was broken even before the people heard it.
Back in 1947, before we were free, the government ensured law and order. Our rulers then may have been alien but they served and protected us better than our own native rulers.
Why do we celebrate Independence Day – after all, what is there to celebrate? For many of us, Jinnah is just another portrait on the wall because many Pakistanis cannot even read about what he did – because they are illiterate. What independence and for whom? [The News]
1973 CONSTITUTION
[Ahmad, Lahore]
Someone from the thinking minds talked of the 1973 Constitution as an achievement. No, it is no achievement. It could have been an achievement if fundamental rights provided in the Constitution were ensured to all people. While talking of achievements and failures of a country, the ultimate measure is individual citizens. Also, someone talked about economic progress. But are all individual citizens economically well off? What is the use of seven percent growth rate if people are not secure, free and happy?
I think we have no achievement to boast of, only failures to be ashamed of. The greatest striking failure is that the fundamental rights of the people of Pakistan, provided in the Constitution, were not ensured to them. [The Post]
60 YEARS OF PAKISTAN
[Arsalan Kamal, United Kingdom]
In relation to the upcoming 60th anniversary of Pakistan's and India's independence, BBC has been running been running a series of documentaries (mostly covering India).
While BBC has a bias towards portraying India in a favourable light, glossing over the problems faced by the 800 million people not part of the up and middle class, the documentaries are not far off from the truth.
Watching the images, it was ironic to note that the country founded by the dhoti wearer is entering the 21 century as a confident Nation in control of its destiny, led by men who place national interests at the forefront.
On the flip-side the Nation founded by an articulate, sophisticated man has regressed to the brink of barbaric tribalism (rural and urban) along religion, ethic and racial lines.
While it should be a time to celebrate, I'm not sure if there is anything to celebrate. Perhaps it is a time for sombre reflection, to learn lessons and make a determined effort to put the wrongs right.
Leaders shape a nation but people select the leaders, so really is it our collective fault that we are in the predicament that we are in.
Perhaps we should stop blaming the politicians and the generals and the Americans and the Indians and take a bit of individual responsibility. We are unlikely to sit at the top table anytime soon but we can make a start by at least joining the mainstream. Live and let live. [Dawn]
SIXTY YEARS LATER
[Sheeba Ajmal, Peshawar]
After 60 years of independence, Karachi gives a true picture of what we have achieved in these years: lack of proper infrastructure, political uncertainty and incompetence to boot, not to mention suicide bomb blasts evidence of the web of extremism taking over this Islamic state. Did the Quaid-e-Azam ever think his Pakistan would be in such a state after 60 years? Obviously he didn't otherwise he would have thought 50 times over before fighting for an independent state for the Muslims.
What has the MQM done in eight years? Where do all the funds go? People's homes are under water, many die of electrocution, many drown because they fall in to open manholes, and thousands get stuck in traffic jams every day. The president can make regular trips to work out the election details and go to Afghanistan to attend a closing ceremony or for that matter a peace jirga but can't visit areas that are flood stricken for example to sort out their miseries.
What is more important now is to help these people and give them the belief that this is their "Pakistan" and not one man's Pakistan. We all have equal rights and no one can take them from us. Pakistan didn't come into existence to cater for the selfish needs of a few people who suppress the rights of others. [The News]
WHAT’S TO CELEBRATE?
[Muhammad A. Boricha, Dublin, Ireland]
As a citizen of Pakistan, one needs to know what is to celebrate after 60 years of turmoil and devastation caused by its own people? Most well-educated Pakistani living aboard in developed countries are enjoying the basic necessities that one can just dream of in Pakistan.
As it seems the electricity problem, water problem, lawlessness, etc, still remain and the situation is not getting better. The two things that can help Pakistan to be a prosperous nation in future are quality education and proper implementation of law so that no one is above it. [Dawn]
DENIED JUSTICE
[Noor Muhammad Aazur, Karachi]
The fourteenth of August did not bring anything new for the people of Gilgit-Baltistan. The region has denied its fundamental and constitutional rights for the past sixty years. The bureaucracy has been in charge of everything and the locals have no say. All that the latter can aspire to is to one day become the 'deputy chief executive' of the Northern Areas Legislative Council. However, the person with all the power is the chief executive and he happens to be the federal minister in charge of Kashmir and the Northern Areas division. For how long will the people of this region be denied justice and their due constitutional rights? Is anyone in the corridors of power listening? [The News]
AZADI KI ZUBA’N
[Naeem Sadiq, Karachi]
If ‘azadi’ were a product marketed by television channels by repeating a very moving line sung by a great singer, by now we would have had almost as much ‘azadi’ as the number of mobile phones in our country. Perhaps we forget that this product is not up for sale, and the rules of ‘azadi’ are not the same as those of the market.
Sixty years is long enough to be able to shed the uneasy anxiety and uncertainty that every Pakistani feels. Our lines of identity stand muddled. Are we a parliamentary or presidential democracy, a hardcore military dictatorship, a theological state, a bunch of unruly militant tribes or a proxy nation which has no agenda of its own? What newspaper headlines are we likely to see on the 14th of August? Will we suffer more suicide attacks, imposition of yet another emergency, beg other nations for yet more loans, sell off our finest land and beaches to foreign developers, or insist on eternally prolonging illegal military rule?
Pakistan needs to understand that ‘azad’’ is not for beggars. ‘Azadi’ is for people who can think and act on their own. The US$350 million ‘access to justice’ loan brought not a single Pakistani even an inch nearer to justice. But the CJs six hours in the Army House bridged this gap by sixty years. This is not merely a symbolic example. It is the only way to acquire ‘azadi’. So while Faiz’s “ abhi chiragh e sar-e rah ko kuch khabar hi nahin, abhi girani e shab mein kami nahi aai”, continues to remain just as valid on our 60th birthday, we may have a reason to look forward and hope. Will the Election Commission declare the president an unsuitable and illegal candidate on the very first day he submits his documents for presidential election? Will the CJ prohibit the state from seeking foreign loans unless they are approved by a two third majority of the Parliament? [Daily Times]
AFTER 60 YEARS
[Dr Zulfiqar Haider, Lahore Cantt.]
As a young student, I was a witness to the creation of Pakistan. I remembered the exhilaration we all felt when the radio announcer had said “This is radio Pakistan”. This was the dawn of freedom, an entire nation had embarked on a journey, full of inspiration and boundless zeal to make this country great and strong. However the events of the past 60 years have distorted and twisted the whole personality of the Pakistani nation. Here we are with total lack of stability, institutional failure lawlessness rampant corruption and above all stark poverty which has stricken a hundred millions among us . Instead of dedicated people likes of whom inspire us, we have the sycophants, and spineless ‘yes men’ everywhere, from the bottom to the very top of the ladder. May God help this nation at this critical time as the verdict of history so far is not in our favour. [The Nation]
MADNESS ON A HAPPY DAY
[Noor-Ul-Ain, Karachi]
I was really shocked to see the way some people celebrated the Independence Day, which is of immense importance because it was a dream come true sixty years ago. However, it is regretted that many people took advantage of the liberty given to them by throwing away all canons of decency on this great occasion.
We were more depressed to see the role of the City government that gave full freedom to all to celebrate the day, without laying down any code of ethics. Through your esteemed newspaper I want to ask the City Government that did we get this freedom to make the lives of our own people miserable?
It has been 60 years and we have not learnt a dignified way to celebrate this happy occasion, a way which would determine our identity and national character. Is this our national character to harm and tease others by riding bikes without silencers, playing music on loudspeakers, causing traffic jams without caring for those who are not well.
I want to sternly condemn this sort of indiscipline. On this day the City Government seemed to have completely failed to control the 'Destroyers' of peace of mind of Karachiites who turned the day of happiness into a miserable day. A genuine leader is the person who makes the people to follow him willingly. It is your duty to set an example.
I want to request the City Government to take strict action against those who make the city of Quaid a city of miscreants. Don't be reluctant, teach them a lesson so that they would not dare to do such things again. I would like to add that economic development alone does not mean construction of tall buildings, concrete roads and flyovers. Alongside we need to prepare our youngsters for future. [Business Recorder]
YAHOO CULTURE
[Sarmad Latif, Karachi]
This year’s Independence Day proved that people need more avenues of recreation and entertainment. Unfortunately, recreation and noise now seem to go hand-in-hand. It is common for motorcyclists to remove silencers from their bikes and speed up and down roads doing ‘wheelies’ or just being loud. One cannot fault them entirely for a majority of them have no other way of enjoying themselves. But as the number of accidents shows five deaths in Lahore and more than 180 injuries, a certain amount of caution needs to be exercised.
For example, must drag races occur at major road junctions late at night, especially as these cause so much noise pollution and hazards? Despite a heavy police presence in the capital, one young man lost control of his bike, hit a donkey cart and was rushed to the hospital where he died. Clearly we need more awareness campaigns on road safety and adhering to the law. This is also true for those who equate firing in the air with celebrations; a lot of people have been killed by stray bullets despite a ban on aerial firing. [The Post]
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From the National Press
A UNIQUE PROBLEM
[M. Saeed, Islamabad]
It is heartening to see Pakistan improve to 12th position in the 2007 failed states index, from the ninth position in 2006. Congratulations to President Musharraf and his team. But our experience shows that billions of dollars in development and security aid are not producing the required results due to an indifferent and self-serving bureaucracy, compounded by non-functioning government, dishonest and untrustworthy leaders, and unrealistic development plans out of synch with the requirement to keep the economy and the general atmosphere of the country at peace.
Pakistan has another unique problem of having a very long lawless frontier, mostly occupied by a disenchanted opposition whose ranks grow by the day, becoming a frequent breeding ground for hardliners who have become the biggest terror for the world. It is obvious that the world is pumping in all those billions for getting their troubles removed in the foreseeable future and would like to see a stable and dependable government in Pakistan to use that money and do the job with visible results. Therefore, a failed state scenario is adding salt to their terror wounds.
A careful, realistic, unbiased and positive evaluation of our situation in Pakistan, based upon the above stated indicators would show that our rating is not very unrealistic. Therefore, instead of rejecting the list as biased, we should use it to improve our grey areas with a positive approach. To realise the gravity of our situation, it is enough to note the fact that Iran is marginally in the critical list, rated at serial number 57 in the list of 60 most susceptible countries. India and China have already moved out of the danger-list. [The Post]
RAMAZAN PACKAGE: 32 PAISAS TO A MAN
[Khalid Mustafa, Islamabad]
The federal cabinet has recently approved the Ramazan Package 2007. The people will have the benefits of this package through 3400 strong network of Utility Stores. The government will bear the subsidy cost of up to Rs. 1490 million. The total estimated population of Pakistan based on Economic Survey 2005-06 is 153.96 million. If we roughly divide the subsidy (1,49,0000000) by the state population figure (15,39,00000 - simplified figure taken) then we will get Rs. 9.68 subsidy for each Pakistani. If we further divide this subsidy by 30 to get each day’s subsidy in Ramazan, then each Pakistani will have 32 paisas subsidy. This state favour will not serve the purpose. I do not think a network of only 3400 Utility Stores can play any vital role to facilitate people when the population is above 15 crores.
[The Nation]
CORRUPTION IN PAKISTAN ON THE RISE
[Prof Abdul Q. Mangi, Sukkur]
The head of the Commonwealth, Don MacKinnon, during a seminar in Malaysia pointed out that corruption in South Asian countries is increasing manifold and, unfortunately, Pakistan is at the top of the list.
He alleged that funds provided for elimination of poverty are being misappropriated with impunity, adding that 80 million people will cross the poverty line provided corruption is not checked in South Asia.
The Commonwealth has identified corruption as the single fatal obstruction to economic and social development in Third World countries, including Pakistan. Corruption undermines development by distorting the rule of law and deteriorating the institutional foundation on which economic growth depends. Its fatal effects are visible in our society.
The detrimental effects of corruption are especially relentless on the poor, who are hit hardest by economic degradation and decline.
They are most reliant on the provision of public services, and are least capable of paying the extra costs associated with bribery, fraud, and the misappropriation of economic privileges.
Corruption in Third World countries sabotages policies and programmes that aim at reducing poverty which is why eliminating corruption is essential and critical to the achievement of the UN Millennium Development Goal.
Unfortunately our country, whose poor people are forced to sell their visceral organs and commit suicide, is entirely dependent on the assistance of the UN and the Commonwealth. No pro-poor people programme has materialised except exhortations and tall claims in the convention hall of Islamabad. [Dawn]
SUGAR SHORTAGE
[Shakir Lakhani, Karachi]
After the revelation in a document submitted before the Supreme Court by NAB that several ministers and senior members of the ruling party were behind the sugar price-fixing scandal, why doesn't the Election Commission act and prevent these people from taking part in the forthcoming election? For crimes such as this one, the guilty are hanged in China. But in Pakistan, the consequences seem to be entirely different -- from being given a seat in parliament to becoming a member of the federal cabinet.
Also, members of parliament, many of whom pay little in taxes, get to decide how much everyone else pays. What Pakistan needs is someone like Lee Kuan Yew, a former prime minister of Singapore who changed his country's face by coming down hard on corruption. [The News]
FOOD INFLATION
[Inayat Sheikh, Karachi]
It would be of a great interest for your readers to see increases in prices of household items from August 06-07. The prices listed below are per kilogram:
* The price of banaspati ghee has risen by 53% from Rs72 to Rs110.
* The price of rice has risen by 63% from Rs40 to Rs65
* The price of atta has risen by 33% from Rs12 to Rs16
* The price of Dal Moong has risen by 63% from Rs40 to Rs65
* The price of Dal Channa has risen by 82% from Rs32 to Rs58
Our economic managers say that food inflation is only 10.5%. If we take weighted price average rise, according to the above figures, food inflation amounts to around 55%.
[Daily Times]
BIZARRE TAX
[Shakir Lakhani, Karachi]
This is apropos the bizarre 1 percent tax levied on CNG stations in the North West Frontier Province. It is common knowledge that high CNG demand is due to its low cost as compared to petrol. The provincial government should have taken steps to encourage its usage instead of taxing it. In any case, there are other areas where taxes can be levied, for example on the twenty five thousand shops in Karkhano Bazaar. Unless the provincial finance minister is blind, he must know of smuggled goods worth millions being sold daily in that market. Even a tax of 0.1 percent on these shopkeepers will yield more revenue than the 1 percent CNG tax. What about arms and drugs smugglers? If they are brought into the tax net, the NWFP will be the richest province in the country! [Daily Times]
MILITARY INC (UNTAXED)
[Hussain Siddiqui, Islamabad]
National Logistics Corporation (NLC) has now plans to enter into lucrative power generation and transmission business in a big way. An advertisement appearing in the daily newspapers on July 21 calls for the pre-qualification of international and national companies by the NLC to undertake various activities related to thermal power generation, laying of transmission lines of 66 kV & above and various grid station projects. The areas identified include consultancy, manufacturing & supply of power plant machinery, operation & maintenance, engineering & procurement contract and civil construction etc.
Established in 1978 as a logistics cell under the Ministry of Communications to handle emergency freight, the organization has grown, over a period of years, to be a a conglomerate itself, currently with multiple business interests ranging from freight services to construction jobs and from operating dry ports and toll plazas to running a polymer plant. The NLC, having expanded its operations to the Central Asian Republics, Turkey and Iran, meanwhile, has now partnership with a number of international companies operating in different fields. Ironically, the corporation is not incorporated under the Companies Ordinance, thus not governed by the rules of the Securities and Exchange Corporation of Pakistan (SECP), and has not been placed in the tax net by the Federal Board of Revenue. [The Nation]
DEBT TRAP
[Abdul Samad Khan, Karachi]
According to a news item (Aug 4), the Punjab government expects to finalise negotiations with the ADB for $750 million soft loan by early October for the second phase of five years resource development programme.
The prime minister had earlier asserted that the begging bowl has been broken and that the government will follow a self-reliance policy. But it was not to be so. Not only the PM’s begging bowl is safe and sound but several other bugging bowls have surfaced.
Now the provinces too have begging bowls – in that the provincial governments and other institutions like the Karachi city government can negotiate with the ADB and the WB directly.
The WB, ADB and others are eager to lend money because idle money is a loss. On the other side, the corrupt bureaucracy and other vested interests in Pakistan are equally eager to grab foreign loans under one pretext or the other.
Borrowing funds for development projects which yield returns to pay off the debt may be acceptable but loans for non-development expenditure such as the WB loan of $46 million for land record management system in Punjab (March 1) are not excusable. Funds for such jobs should be found within own resources.
Due to excessive corruption, most of the loan amount is squandered, embezzled or plundered by vested interests. In fact, the ruling class in Pakistan is pushing the nation into the debt trap. Pakistan’s total public debt increased to Rs4.411 trillion over the last seven years (March 3). The total foreign debt is $38.86 billion. If these amounts had been utilised sincerely, there would not be poverty.
As per reports in Dawn issues, loans / grants / assistance worth about $11 billion have been contracted by Pakistan from the WB, the ADB and others during the period from Jan 1 to July 31, 2007. On July 7 alone the loan amount of about $4.5 billion was contracted.
The plunderers of national wealth have become super - rich, having their assets in foreign countries, whereas 74 per cent of Pakistan’s population is poor (less than $2 a day) and 50 per cent are extremely poor (less than $1 a day). What an iron! Loan amount is plundered by the elites but the poor masses are required to pay back. A substantial amount of the budget goes to loan instalments and loan servicing.
Now the judiciary has asserted the rule of law. It is a fit case for superior courts to take suo motu notice of the situation and regulate the loan-taking process to save the poor masses and coming generations from debt trap. [Dawn]
A MATTER OF DEEP SORROW
[Mansoorul Haq Solangi, Karachi]
The Rs 5880 million worth Decentralized Elementary Education Project (Deep), one of the biggest project ever initiated at the behest of Asian Development Bank has been shelved by the Bank authorities for lack of proper response of Sindh provincial government. The news is a source of great disillusionment for the people of the entire province. The ADB project was started in agreement with Federal/Provincial governments way back in 2003 and was to be completed by the year 2009. The scheme was to upgrade 1200 primary schools to middle level besides providing them with laboratories and new buildings.
In addition to this it was decided to establish 1000 English medium schools, 350 model schools, and a nursery school for boys and girls in each union council as well as providing roofs to 1200 roofless schools. Funds were also allocated for the fresh appointments of 7000 new teachers and for training of 12000 existing teachers. On the one hand, very insignificant funds are being set aside in the national budget for the education sector. On the other hand, abandonment of projects as valuable as Deep due to pure negligence harks our darkened future. [The Nation]
SO MUCH FOR PATRIOTISM
[M Afzal Malik, Lahore]
Against the advice of many friends and well wishers and in the spirit of patriotism, I placed an advanced order for a newly introduced locally manufactured car in June 2006, paying Rs100,000 as down payment. The car was to be delivered to me in October 2006 but I received it in January 2007, after many frustrating visits to the company’s booking agent in Lahore.
After just one week, my misery started. Almost everyday, a new technical or manufacturing fault appeared which I had to get repaired either by the company’s appointed workshop or from a nearby mechanic. The situation worsened when the car’s major body and engine parts stopped functioning properly. On many occasions, my son, who actually drives the car, had to tie the car with a rickshaw or taxi and tug it to the company’s workshop. Either the air conditioner or the electrical system collapses and in other instances, the gearbox disintegrates. The steering and windshield vipers can also stop functioning at any moment.
My son has already escaped two very serious accidents. Just three days ago, the car’s gearbox broke. The gears could not be changed and the breaks stopped working. My son had to drive the car away from the road and on to a green belt. Luckily, the road was one-way so no other car was coming from the opposite direction, otherwise it could have proven to be disastrous. My son has refused to drive the car anymore, and I don’t have much to convince him otherwise.
The company’s mechanic and other workshop attendants have shown their complete inability to repair the car. I have spent thousands of rupees and wasted a lot of time just to keep it barely running. I would like to pass a word of caution to the public or anyone who wants to buy a locally made vehicle in the future. [Daily Times]
WHERE ARE THE FUNDS?
[Saadia Sadaf, Lahore]
A recent report revealed that during 2005-06, the government spent Rs 40 billion to fight crime in Punjab, but during this period the crime rate increased by seven percent. This means that either more funds are required or those fighting crime have failed to utilise these funds in an effective manner.
That needs to be investigated and a new strategy adopted to address the deteriorating law and order situation in the province. Figures for the rest of the country show that the government spent Rs 4 billion to fight crime in NWFP and Balochistan and Rs 10.906 billion in Sindh. It will be interesting to see how effectively these funds were utilised, but given that there has been no significant drop in the crime rate in any of these provinces, it is safe to assume that increased funding has not done much to improve the law and order situation. A report in January this year for example, showed that crime in Lahore had increased by 85 percent between 2001 and 2006. How then should it be tackled? The government should first figure out where funds are more urgently needed and also ascertain what types of crime are high. It can then devise strategies to deal with these problems. [The Post]
PUBLIC OPINION VS GOVT
[M. M. Khan, Karachi]
These columns dedicated to expression of public opinion in your esteemed paper and also in every other paper are very valuable in any democratic country. An acid test of democratic prevalence in the country is that the administration or the bureaucracy respects public opinion and incorporates it into their ways of working. The only exception is defence of the country where due to obvious reasons public opinion is not entertained.
Western governments have been following these norms since ages and we all see the quality and strength of democracy in those countries. In our country we miss this very thing terribly. As an operating organ of the government, the bureaucrats consider themselves the last word of wisdom and look down upon public intelligentsia and their opinion. This attitude of the bureaucrats is causing a gulf of differences between the government and the public and is a source of frustration for both. This factor has earlier been identified and conveyed to the government but vested interests of ministers do not let them control their bureaucrats.
Primarily it is the duty of the country’s head of state to remove this anomaly and instruct the bureaucrats to work along with the public opinion. Bureaucrats have been known to engage into conspiring against the governments which forces them to listen.
Public opinion expressed in newspapers should be taken seriously at government level by introducing a dedicated cell to this purpose directly reporting to the prime minister and should present a daily picture of public opinion to the prime minister, and the prime minister is requested to allocate some time in his daily schedule to this important function and consider implementing what can be done directly under his orders. If the PM considers maintaining a transparency with the public through the same medium of newspapers, it is bound to create cordiality between the government and the public. [Dawn]
TINTED WINDOWS
[Syed Ali Raza, Karachi]
Many countries of the world allow you to tint your vehicle glasses, especially in the Gulf. New models of some cars come with factory fitted tinted shades. When have the police ever recovered anyone from a tinted car other than to make a few bucks? Why are many official vehicles or police mobiles tinted? Because it’s getting hotter everyday and the only protection you have from direct sunlight is the protective sheet of dark plastic.
Tinted glass improves performance of the air-conditioning of the vehicle, and it will save you in case of glass being shattered or broken by a mob, which is more probable in Karachi. [Dawn]
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Good News
'A CASE FOR THE CONSUMER'
[Nadeem Irshad Kayani, Director, Punjab Consumer Protection Council, Department of Industries, Government of Punjab, Lahore]
The above-titled article written by Kamila Hyat published on July 26 shows a keen interest on the part of the write with regard to consumer rights and interests. We are thankful for her efforts towards creating awareness in this regard and hope that she will also contribute in future for this noble purpose. I would like to add to her comments on the scope of the Punjab Consumer Protection Act, 2005. The columnist wrote that "there is a desperate need to expand Consumer Protection Laws to cover the many areas of life in which citizens so frequently find themselves at the mercy of manufacturers or service deliverers."
The Punjab Consumer Protection Act, 2005 covers almost all products manufactured or produced by manufacturers as well as services provided/delivered by services providers. Now affected consumers can claim unlimited damages from manufacturers or service providers, for the agony, harm or damage caused to them due to defective products and services. For this purpose consumer courts have been established initially in eleven districts of Punjab however their territorial jurisdiction extends to the entire province. These courts are presided over by district and sessions judges or additional district and session judges. Under the act the time limit for deciding claims by the consumer courts is six months.
Another point raised by the learned columnist, in her article, is about frivolous litigation. This area is also covered by the Punjab Consumer Protection Act, 2005, according to which if a claim is found to be frivolous or vexatious, the consumer court shall dismiss the claim and impose a fine on the claimant up to an amount not exceeding ten thousand rupees for having wilfully instituted a false claim. The court will also be able to provide the defendant appropriate compensation from the fine so realised. The efforts to enforce public interests' enactments cannot achieve their objective in isolation but require the enthusiastic support from citizens. [The News]
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Edited and prepared by
Khalil Ahmad
Email: khalilkf@yahoo.com khalil@asinstitute.org
[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.]
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