| November 12, 2001 | Monday | Shaba’an 25, 1422 |
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Blasphemy law
Pakistan’s support to Kashmiris
Total removal of encroachment
Students loan scheme
A dirtier city
Shesham dieback
Water problem
Banking court ordinance
Closure of road
Ban on firecrackers
Correction
A laudable objective
THE presence of some 5000 prisoners in the Central Jail Karachi, about five times the prison’s reported capacity, is causing many problems. Overcrowding has added to the miseries of prisoners. They have little space to sleep peacefully for a few hours.
A large number of the prisoners are infected with scabies for which the treatment is next to nothing. Many suffer from tuberculosis and other ailments. Proper medicines are rare. Only a few lucky ones can expect some sort of medical facilities. Sick prisoners cause infection and discomfort to others as well. The sick patients rarely get food suitable for them in that condition.
Some charitable organizations try to provide medicine or food for the patients but that is not adequate at all. Overall conditions in the jail are hopeless and simply are not conducive for the reformation of the prisoners. Off and on, reports appear in the press about miserable conditions in other jails in the country. The prisoners desperately need help.
The prisoners are sent to jail for violating the norms of behaviour prescribed by society. They have to pay for the wrongs committed by them and they are sent to jail after due process of law. The jail life is said to be governed by the jail manual. The society is expected to provide in jail to the prisoners living conditions, food, health facilities, etc as prescribed in the manual. In case the facilities are below the prescribed norms, justice demands that society take notice and bring the conditions up to the norms required in the manual. If it is not possible, the prisoners deserve leniency in other areas such as remission in the jail term.
Also, the jail manual provisions need to be updated in line with the present day realities, particularly the financial allocations per prisoner per day. The revision may be necessary for turning jails into a place for reform of the prisoners so that once they complete jail terms they become useful members of society. Improvement in the service conditions of the jail staff can also contribute towards upgrading the conditions in jails.
Overcrowding in jails, the mother of most of the miseries of the prisoners there, needs to be reduced as soon as possible. The existing strength of prisoners has to be reduced through a fair and transparent manner and inflow of fresh prisoners also to be reduced. It is understood that various reports to this effect have been submitted to the authorities from time to time. The authorities are urged to implement the recommendations in this regard.
New jails need to be built instead of overcrowding the existing jails. USA, UK and many other developed countries have jails, which are financed and operated by the private sector, for a fee from their respective governments. Pakistan may also plan to build model jails in each province, with proper facilities for healthy stay and reformation of the prisoners. The developed countries may, if approached, consider assisting Pakistan by partial or total funding required for construction of such model jails.
MUHAMMAD BASHIR CHAUDHRY
Karachi
I AM astonished to read Ardeshir Cowasjee’s column captioned “Justice III” (Sept 3). This was provided to me recently on my return from the UK.
He says that 295-C of the law of blasphemy is a weapon to be used for personal vengeance, a weapon to be employed for personal gain, etc. This argument is misleading and perverse. He seems to be fairly ignorant of Islamic law and the law of the land.
Assuming the absurd that blasphemy law can be misused, then all the penal laws entailing death sentence or harsh punishments are liable to be struck off from the statute book. Such laws also may be used as a weapon of personal vengeance, etc. The writer, I think, presumes that the punishment under 295-C is awarded without inquiry, evidence and proof. Perhaps he does not know that an accused is not liable to be convicted under blasphemy law unless his case is proved beyond reasonable doubt and evidence adduced according to the high standard of Islamic testimony.
In view of all these safeguards, one fails to understand as to why a peaceful citizen who has no intention to defile the sacred name of the Holy Prophet (Peace and blessings of Allah be upon him) should be afraid of a law which provides protection of life to those who are not guilty. Our higher judiciary in all blasphemy cases, which are very few, quashed the conviction where there appeared to be a shadow of doubt.
It is worth pointing out that the writer has not stated the facts accurately with regard to the enforcement of blasphemy law. Had he read the Sunday Times magazine or the article in Readers Digest of January 2000, wherein the writers have criticized me for introducing the law of blasphemy in Pakistan, he would have got down the facts correctly to some extent.
It was 1984 (not 1991 as stated) when I filed a Shariat petition with respect to blasphemy law and during the pendency of the case, I drafted the bill which was passed as Cr. Amendment Act III in 1986. But, as it was not perfectly in accordance with Islamic law, I moved the FSC for appropriate amendment, which was allowed by the court vide its judgment, dated 30th October 1990.
It attained finality by the order of the Supreme Court (not by the Shariat Appellate Bench) whereafter the present blasphemy law was passed by the elected parliament in 1991.
So a citizen who believes in democratic process and rule of law shall have to abide by the law of the land.
MUHAMMAD ISMAIL QURESHI
Lahore
THE UNSC declaration that Kashmir is a disputed territory has nullified the so-called provisional accession of Kashmir to India. The de facto status of the Indians in Kashmir is derived from the barrels of the guns of 750,000 Indian troops. In other words, brute force.
The Mujahideen fighting for the freedom of Kashmir cannot be called terrorists. Pakistan’s support to the Kashmiri Intefada is moral and diplomatic. That is all.
Just as the non-Afghans who fought alongside the Afghans against the Russians during the 1979-1988 Afghan war were not considered terrorists, those crossing the LoC to fight against the Indian aliens cannot be and should not be called terrorist by any stretch of imagination.
The right of self-determination for Kashmiris cannot be sacrificed. The large size of India should not prejudice the minds of the world community against the cause of the Kashmiris.
Assuming PM Vajpayee does genuinely care for the poor, occupation of Kashmir by India against the wishes of Kashmiris is against the interests of the Indian masses who are suffering because of the Kashmir dispute.
JALAL AHMED
Karachi
I WANT to draw the attention of the authorities concerned to the incomplete demolition of an encroachment in Afshan Colony, Faisalabad.
An incomplete operation was carried out by the staff of building and land branches (MCF) on Sept 14 for the removal/ demolition of an illegal encroachment (iron gate and a brick wall) constructed on the main road of the colony on Sargodha Road, Faisalabad.
Owing to the incomplete operation, the remaining parts of the encroachment (three iron pillars) are still intact on the main road. These pillars occupy a lot of area of the public road and resultantly, are creating a public nuisance and hurdle for the smooth flow of traffic.
In view of the incomplete operation, I appeal to the Chief Secretary, secretary, local government and rural development, and the tehsil Nazim to issue orders for the complete implementation of the administrator’s order for the removal/demolition of the other remaining illegal encroachment which is still intact on the main public road in Afshan Colony.
FAHID HAMEED CHATTHA
Faisalabad
THIS refers to an advertisement titled ‘Students Loan Scheme’ (SLS) by the National Bank of Pakistan (Nov 4). If properly administrated, the SLS will definitely achieve its objective. But I have some reservations.
I refer to the provision of loans to “the meritorious students who do not have adequate financial means”. Most of the persons in universities know better how many students who have been receiving Zakat and received the MCB Annual Loan of Rs 6,000 actually fit in the criterion of ‘students of insufficient means’. Not all, but many of the students whose parents are not government employees become successful in getting fake income certificates from the area councillor and eventually the required amount. This practice is likely to remain the same for this scheme.
So there is a need for a monitoring process by the awarding committee to make sure that only the needy meritorious students get benefit from the SLS. For this, I would like to suggest that, one condition should be included in the prescribed form that the SLS will be discontinued and the applicant will be bound to refund the amount given so far if he does not maintain the academic record.
Also, the councillors have to be careful in issuing income certificates as it is the responsibility of every concerned person to play his role honestly.
In addition, I would like to draw attention of the commercial banks management that Mehran University College of Engineering and Technology, Nawabshah, is now working as ‘Quaid-i-Awam University of Engineering, Science and Technology, Nawabshah, since August 1996 and Liaquat Medical College, Jamshoro, as Liaquat University of Medical and Health Sciences, Jamshoro.
MUKESH MATHRANI
Jamshoro
LIKE many citizens I am also compelled to say that the day since the city government was installed, Lahore has been getting dirtier.
Bund Road (the stretch from Chowk Yateemkhana to Bakra Mandi) is a glaring example of neglect. Clouds of dust can be seen all over this very busy road. Considering the fact that more and more coach stands are shifting on this road, instead of deputing more staff, even the present staff has been taken back.
I request the new governor of Punjab to visit this area and to see for himself the miserable sanitary conditions in this part of Lahore.
MRS SAEED
Lahore
THIS refers to the news item “Shesham dieback”, (Nov 29), in which the deliberations of the seminar held at Faisalabad on the subject were reported. In the seminar eminent scientists including plant pathologists, soil and forest experts participated and highlighted the factors responsible for the destruction of Shesham trees in different parts of the country. Speakers focused on the dieback disease, as on wilt and corrosion. Effect of water-logging, salinity and shortage of water have also been reported to be the cause of destruction of Shesham trees.
In this connection no pathogen has been identified which could cause the disease. The primary need is then to detect which pathogen, fungus, bacteria, virus or nematode is actually causing the disease.
It is suggested that the infected parts of plant, soil of diseased plants be thoroughly examined in the laboratories for the diagnosis of the disease. The present menace of the destruction of Shesham cannot be controlled unless the pathogens involved are identified. The dieback affecting the Shesham trees were treated by farmyard manure (FYM) through digging a pit for the recovery of the affected trees. In this connection I would like to suggest that the soil of the affected trees should also be analysed to determine the deficiency of minor elements necessary for the growth of trees.
Dr S.A. JAMIL KHAN
Karachi
I AM a resident of Nazimabad No. 3. I want to draw the attention of the Governor Sindh towards a very serious problem of water in our area.
Sometimes we have to go very far to have a few cans of water. Otherwise we buy water from water tankers which everyone can’t afford. The reason is that the pipeline keeps on leaking. The residents have complained many times but no action has been taken yet.
I hope the Governor will solve this problem on priority basis.
KAUSAR A. MALIK
Karachi
ON August 30, 2001, the present regime promulgated an ordinance No. XLVI of 2001 to remove the impediments in the way to recover hefty loans from the defaulters. But the ordinance is being misused to help the influential ones.
Section 3 of Para 13 of the said ordinance says “Suits before a banking court shall come up for regular hearing as expeditiously as possible and except in extraordinary circumstances and for reasons to be recorded, a banking court shall not allow adjournments for more than seven days.” But the Banking Courts No. 1 and No. 2 in Gujranwala have been ordered that they shall hear only for two days in one month the cases related to loan recovery in Sialkot district.
Section (2) of Para 5 of the said ordinance says: “Where more banking courts than one have been established to exercise jurisdiction in the same territorial limits, the federal government shall define the territorial limits of each such court”.
At present, two banking courts are working in Gujranwala. It will be better if one of them is reserved for regular hearing of the cases relating to non-payment of loans. There are about 2000 such cases in Sialkot district only and for the last two months no progress has been made in this regard.
The Lahore High Court is requested to take cognizance of the matter.
MUBUSHAR ALI SULEHRIA
Wah Cantt
IT is quite frustrating to see ugly containers placed on important roads in Karachi, leading to foreign consulates.
TV coverage shows that huge demonstrations are staged in different parts of the world. When the demonstrators get out of control, the riot police plays its role by dispersing them with tear gas, water jets and plastic bullets. Rusting containers are never placed to inconvenience the public.
President Bush has reiterated his resolve of continuing the bombing in Afghanistan for years. Does this mean that our roads should remain blocked for years?
SAFIR SIDDIQUI
Karachi
AS soon as the auspicious and holy occasions of Shab-i-Mairaj and Shab-i-Baraat near, firecrackers appear at almost every round-the-corner shop of the city.
Several children get severely injured while lighting up crackers. My friend’s younger brother was holding a firecracker when it went off, damaging three of his fingers. The poor child is currently in a hospital scheduled for surgery. Many such incidents occur frequently, leaving the victim’s family in anguish and distress.
Is this what Islam directs us to do on holy nights or should be praying for forgiveness from the Almighty?
About 35 years back, firecrackers had set ablaze nearly half of the Bohri Bazaar, resulting in the loss of several precious lives. After this horrific incident, the government had put a ban on firecrackers in the city. But now, this ban remains only in name.
I request the government to reinforce the ban on selling of firecrackers in order to prevent damage and injuries.
MUNIZA QAMAR
Karachi
I HAD referred to Donald Mc Farlane and not Donald Rumsfeld in my letter (Nov 7).
Mr Donald Rumsfeld is the only member on the Bush cabinet whom I respect for his integrity. I would never express the sentiments in my earlier letter for him.
KHURSHID ANWER
Lahore
A GROUP of concerned citizens, comprising mostly women, who unfortunately have been labelled as “begums of the elite society”, had organized a meeting at the Press Club in Karachi. They were from different social, religious and political background. Their objective was simply to voice their concern over the negative image of Pakistan being presented to the world.
We all agree that the bombing of Afghanistan and the killings of innocent men, women and children must stop, especially before Ramazan. Even General Musharaff has stated this. But at the same time, we cannot ignore or forget the threat of terrorism and the tragic event of Sept 11 and the loss of over 6000 innocent lives from so many different countries, including Pakistan.
Pakistan stood on the brink of economic and social disaster due to sanctions and radical extremism and sectarian violence. But the Sept 11 event changed all that and we have turned from foe to friend and a frontline state against terrorism. We have been promised the much-needed financial assistance and even perhaps debt write-off. This could transform the future of our nation and propel us to the economic and financial stability and prosperity, which we could not have achieved in a decade.
Should we support “Pakistan comes first” and our government for trying to establish Jinnah’s vision of a moderate and tolerant Pakistan, free from poverty, bigotry, extremism, sectarian violence, lawlessness, oppression and terrorism? Or should we condemn our government for supporting the war on terrorism? Should we join the weekly protests and strikes, burn flags and damage property and the economy? Should we kill each other because we have different beliefs? Or do we believe in peace, love and tolerance? These are the questions we should ask ourselves.
Terrorism has continued unabated and we have been in the iron grip of terrorists, who have claimed numerous innocent lives, including the recent killings of 16 Christians. Should these terrorists be allowed to continue their heinous crimes and go unpunished? Or should we all break our silence and voice our concern over these killings?
The women who had gathered at the Press club were not there to support the war or to “draw large crowds.” They were there because they simply believe in Jinnah’s Pakistan of a free and tolerant society and they had the courage to make a statement in such difficult times and I hope that they will continue to act according to their convictions.
I also hope that those who believe in Jinnah’s Pakistan will appreciate their efforts and support them.
A.H. MAKER
Karachi
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