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Does constitution matter? MR Roedad Khan’s piece on the constitution (March 24) makes interesting reading. Erudite and seemingly logical, he appears to fall into a trap of his own making. Well intentioned as he is, his anti-democracy feelings leave him no option but to lean on the military dictator to call the shot and fix the problem. He wants the one who broke the lock to forge a new one. The fact is that the basic cause of our political misfortunes is the oft-repeated interruption of the political process by the military. Democracy is by its very nature a slow process and calls for patience and perseverance. As Mr Ahmed Ali Khan has pointed out in his article in Dawn of the same date, democracy has an in-built self-corrective system which has to be allowed the opportunity and the time to yield the desired results. That is why it has been rightly said that the only cure for bad democracy is more democracy. When Roedad seeks to bolster his thinking about the futility of having a constitution by referring to Great Britain which does not have a formal written constitution, he overlooks that democratic country’s political evolution over hundreds of years, the strength of its institutions, the level of the people’s political education and the time-honoured conventions that influence their attitude and behaviour. This particular model just cannot work in a society like ours, which is grossly deficient in attributes and requisites that characterize the British society and institutions. How is it that barring a few cases, all countries of the world have constitutions? As observed by Mortimer J. Adler: “Unlike all other man-made laws, a constitution is the law which creates and regulates government itself, rather than the law which a government creates and by which it regulates the conduct of men, their relation to one another and to the state.” If the constitution in Pakistan has not been followed strictly in letter and in spirit, does it mean that the constitution itself is redundant and unnecessary. If by way of an analogy, Islam is not faithfully practised in Pakistan should the people be counselled to give up Islam itself? Citing a military dictator’s disrespect for the constitution is not a good enough argument for doing it away altogether. Calling “constitution making — an exercise in futility” is certainly an excessive and exaggerated reaction to the conditions obtaining in Pakistan. INAYATULLAH Lahore Sending court letters by post I READ with interest and amusement the column of Mr Ardeshir Cowasjee under the caption ‘The Majesty of Law’ (March 17), wherein he referred to his letter in connection with the case of storming of the Supreme Court (Nov 27, 1997) sent through courier, to the then Chief Justice, Mr Justice Irshad Ahmed Khan. The sealed envelope was, however, handed back to the courier by the Deputy Registrar of the court on the same day with his endorsement ‘Applications received by mail are not entertained. Hence returned’. Mr Cowasjee, therefore, felt aggrieved as to why his letter was returned as he had been advised that there was no rule, regulation or law in the country for the Deputy Registrar of the Supreme Court to refuse to accept any communication. I wish to inform Mr Cowasjee that the rationale behind the refusal or acceptance of such communication by the Deputy Registrar of the Supreme Court or for that matter any other superior court is that no such communication or application by post is permissible under the rules, as the same cannot be taken notice of by the court or acted upon. For the benefit of Mr Cowasjee (and the people), I wish to cite a case of M/s Ghandhara Industries Ltd. Vs Government of Pakistan through D.P. (Army), Ministry of Defence, in the High Court of Sindh, wherein the undersigned appeared and Mr Justice K.A. Ghani, as he then was, passed the following order on the reply received from the Ministry of Defence in response to a court’s notice/letter: “Letter dated 8.11.82 has been received addressed to the Superintendent of this court purporting as to be reply to the letter dated 14.9.81. No communication by post is permissible under the rules. No proper application supported by an affidavit has been filed. In the circumstances no action can be taken on this letter. Mr Inayat Ali standing counsel shall inform the concerned officer.” The superior courts, however, in the larger interest of the public-interest cases or human-rights cases and in a drive for judicial activism, have received, entertained and acted upon on a sizeable number of letters/communications received through post or any other mail. But this cannot be equated with the general practice and procedure followed by the courts in the disposal of various routine cases. SYED IQBAL AHMED Barrister-at-Law Karachi Children’s exposure to violence REFERENCE Kashif Allison’s letter March 24, one would point out that in today’s world parents hardly play their roles in developing moral values among their children. They are more concerned about seeing their children as successful doctors, engineers, pilots, etc. The concept of having your child grow into a good human being has completely vanished. If one takes a closer look at the mess our world is in today, it wouldn’t be wrong to state that each one of us has played his/her part in it. Revenge, hatred towards those who are unjust to us, is sown in the minds of children right from the beginning. The idea of forgiveness and forgetting the wrong others do and spreading the message of love does not float anywhere near us. Virtual killing has become an acceptable form of every child’s play. Every child is encouraged to ‘kill’ bad guys on a regular basis at a variety of settings (games). Everywhere you go, he/she will be persuaded to watch or participate in some act of make-believe violence. As a concerned parent, do you ponder? Do the programmes the child watches on television really affect his/her behaviour? Does your child know the difference between fantasy and reality? Your child learns violent behaviours and values by imitation, like they learn everything else and that as parents, maybe unintentionally, such acts are encouraged by you. In a 1995 report called ‘Violence and Youth’, the American Psychological Association concluded: “Children’s exposure to violence in the mass media, particularly at young ages, can have harmful lifelong consequences. Aggressive habits learned early in life are the foundation for later behaviour.” What is our world going to be like tomorrow? Is it going to get any better or is it going to become a nightmare? VANESSA DESOUZA Karachi FCPS examination THIS is in response to the letter concerning the FCPS Examination (March 10). It is surprising and disappointing to see that the writer feels aggrieved with the examination, and attributes this to a mistake by the college, particularly when the College of Physicians and Surgeons Pakistan has done so much in the past few years to ensure that the content and conduct of the Fellowship examinations reflect the highest international standards. However, the situation is not entirely as the writer describes it. The format of the examination has, indeed, been changed, as the writer points out. It has moved away from the ‘True/False’ type of multiple choice question because this format is now becoming obsolete, having been surpassed in performance by the type we now use. However, the new format is not a ‘Choose The Correct Answer’ type, as the writer has described it. In fact, it is the ‘Single Best Answer Type. The distinction between ‘correct’ and ‘best’ is important. The one-best format has been in use since June 2001 and was explained in detail in the November edition of the CPSP journal. In particular, the journal pointed out that “it is important to note that in one-best MCQs, none of the options needs to be absolutely true or false... However, one will always be a better answer than any of the others. This is the one that candidates should select.” The journal article also explained that after the examinations have been marked but before the final results are produced, a stringent statistical analysis is made. This follows recognized protocols and is under the personal supervision of an overseas consultant of international standing. This post-exam analysis enables us to identify any malfunctioning questions (which occur in all exams from time to time) and remove them from the exam. This means that no candidate will lose marks for faulty questions. The writer is, therefore, not justified in her criticism of the FCPS examination. Detailed information was available to all candidates, and the college cannot be held responsible if they do not bother to read it. DR SYEDA KAUSAR ALI Director, Dept of Medical Education, CPSP Karachi Afghan girl with green eyes WE watched with interest the documentary ‘The Afghan Girl’ on the National Geographic television channel. The piercing green eyes of this young lady hold many haunting tales of the horror and pain of war-ravaged Afghanistan. The dogged investigation and search for the girl, photographed 17 years ago, who was on the cover of that popular magazine, conveyed the photographer’s and his sponsors’ passion and dedication to the story of misery and sufferings of not only this particular lady but millions of innocent civilian victims of the war in Afghanistan. The many expansive trips across the continent and the support from local journalists and tribesmen, all focused towards one objective: to find the girl whose eyes had stories to tell. Now it can be expected that there would be an investigative reporting on the destruction of Afghanistan and the loss of civilian lives from the ‘Daisy Cutters’ and the ‘Cave Busters’ of the coalition forces during their war against terror. The much traumatized Afghans have suffered two waves of displacement during the last two decades. And those who could not escape, became victims of their liberators’ high tech weapons. It is now time to assess these losses which have so far been dismissed as mere ‘collateral damages’. We and all others concerned with the fate of the victims of the war against terror, also wish to know the identities and alleged crimes of all those held on the American mainland or off-shore open air detention camps. OWAIS HASIN Karachi Funds for gas connections DURING his recent visit to Kharian, the Governor of the Punjab provided Rs3 million for the supply of Sui gas to different areas. In Kharian city the situation is not satisfactory in this respect. A few years ago, some areas had been provided gas connections but many were left out though they met the requirements of the gas company. The main victims of this unjustifiable behaviour were Banni, Riasat Nagar and the area around G.T. Road. The gas company staff have visited these areas several times for assessment and feasibility. The main hurdles, as reported by them, are the non-availability of funds and, at some locations, obstructions like gutters etc. Now that a grant has been received under the special orders of the Punjab governor, the residents of these ignored areas are hopeful for a gas connection and appeal to the concerned authorities to take necessary action immediately. M. UMER QUDDAFI Kharian Phones out of order WE are the subscribers of phone numbers 471836, 477972 and 473851. These phones were closed about two months back and upon enquiry from the concerned exchange we were informed that these were to be switched over to the new exchange of ‘482’. After about 15 days, when the phones were not restored, we wrote a letter to DE, Gulshan-i-Iqbal Exchange, and also contacted the concerned officers of the PTCL in Islamabad. But our phones are still out of order, despite assurances for restoration within a couple of days every time we contact the bureaucracy. It is also interesting that we have started receiving bills for one of the new numbers, that is, 4823851 while the phone is still closed. Will somebody help us? M.M. MEHDI Karachi PTCL clarification THIS refers to a letter ‘PTCL highhandedness’ (March 25). The PTCL would like to clarify that it had offered its EMD customers special rates and packages with a lump sum monthly charge. This package was valid for analogue exchanges. It was also mentioned in the package that the analogue connections would be converted into digital without any charge to the customers. Now, as a policy, these non-digital exchanges are being converted into digital all over the country. The hiring contract signed between the customer and the PTCL says that the customers have to abide by this contract and the company reserves the right to revise the bill both in the interest of the company and customers for provision of state-of-the-art and modern services. SULTAN AHMAD HASSAN GM Public Relations, PTCL Islamabad Quaid and the system of government THIS refers to a report (March 16) about Mr M.A. Zuberi’s reminiscences under the heading ‘Quaid never favoured military rule: veteran journalist’. The interview explains the Quaid-i-Azam’s ideas regarding the form of government. Mr Zuberi’s revelations about the hooliganism in the Governor General’s House are very interesting and we may recall how the usurpers of power like Ghulam Mohammad dismissed Khwaja Nazimuddin and dissolved the Constituent Assembly and Iskander Mirza declared martial law. I may add that this game of musical chairs continued. Ayub was removed by Yahya and Yahya by ZAB with the assistance of some generals after which ZAB was himself removed by Zia and later sentenced to death. After the exit of Zia, the ‘democracies of looters’ continued for more than a decade. Now we are back to square one. We are under military rule with ‘grassroots and real democracy’ and a proposal for ‘referendum’. DR SYED ABU JAFFAR Karachi Road widening THE main artery of Quetta city, Zarghoon Road, is being widened. So far so good. But the existing road was lined up with trees which, in summer, added a lot of scenic view to the locality and contributed to a pollution-free environment. The same trees have been sacrificed at the altar of development. And ironically, the Environment Protection Agency is clamouring to grow more trees. Is some one listening? SALEEM RAZA Quetta Reforms in society THE present government, as also those in the past, has made efforts to introduce reforms in the working of the government machinery. The efforts did not and would not succeed because the basic issue is being overlooked i.e. those who constitute the government machinery are not paid adequately. This has resulted in corruption, inefficiency and apathy in the government departments. How can you expect a teacher’s devotion when he/she gets Rs4,000 per month, a doctor in grade 17 is paid Rs7,000, an Assistant Commissioner Rs8,000 and a junior judge from Rs7,000 to 9,000. To expect them to be honest and dedicated is asking too much from a mind under tension, being unable to beat the rising cost of living. The government must tackle the basic issue of the wages of its employees which need to be raised at all levels. By merely increasing the salaries of the judges of the Supreme Court with no relief to the subordinate staff, no improvement can be expected in the efficiency of the judicial wing. The same applies to the other wings of the government. LT-COL (R) M. AFZAL SADIQ Attock Education and commissions THE University Grants Commission has just been renamed the National Commission on Higher Education. Let us hope it does better than the body it has replaced. Having had the fortune or misfortune of having served in two public sector and three private sector institutions of what we call higher learning, I have certain observations or questions for the newly set-up body: 1. Will the new commission ensure observance of all conditions given in the charters of different universities, particularly the composition and functioning of their statutory bodies? 2. Will it ensure observance of academic standards and if not what will it do? 3. Will it ensure that prescribed guidelines of its predecessor are strictly adhered to or will it give away NOCs like in the past? 4. Will the semester and marking systems conform to the guidelines given by the previous commission and what will be done to institutions that do not adhere to these? 5. Do the minimum wages conform to maximum office hours applicable to institution of higher learning in the private sector? If not, why should a person be paid a paltry amount of Rs2,500 for nine to ten hours a day, and how should he look after his dependents for whom he has no time to earn more? 6. Is there a minimum limit for the number of books that an institution offering undergraduate and graduate programmes must observe subject-wise and, if not, shouldn’t it be prescribed? 7. Why are children of private institutions deprived of opportunities for extra and co-curricular activities and what does the commission plan to do in this area? 8. Does the commission have any plans to check the laboratory facilities in most of the private sector institutions offering undergraduate and graduate programmes in information technology and computer science. 9. What does the commission plan to do with institutions which are offering substandard faculty and other facilities? I am aware of cases where certificate holders (MCSE etc.) are teaching masters level classes. 10. Just one look at the prospectuses of 90 per cent of these private sector institutions will reveal the kind of English they use. The question that arises is whether they should be allowed to use the English medium. Given the track record of the present regime one can expect some headway being made if most of the recommendations of the Baber Ali Commission are implemented. Can we hope to have more institutions like LUMS in the private sector? JAHANZEB KHAN Islamabad Please Visit our Sponsor (Ads open in separate window)
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