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DAWN - the Internet Edition


August 30, 2002 Friday Jamadi-us-Saani 20, 1423

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Letters







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Pakistan’s constitutional history
Earth Summit & nature’s SOS
SSGC’s version
Military exports
Public utility agencies
Future of national institutions
Learning from history
CLI charge
Regrets to Bangladesh
Over 50pc votes to win
Islamic or secular state?



Pakistan’s constitutional history


THIS is with reference to S.M. Zafar’s article ‘Constitutional history: achievements, failures and the way out’ (Aug 14).

The article offers quite an exhaustive survey of Pakistan’s troubled constitutional history. One can hardly resist the feeling, however, of a kind of a selective objectivity underlying the article.

This would be noted particularly in the context of the author’s own role as Field Marshal Ayub Khan’s law minister and principal legal adviser through the highly controversial elections (1964-65) under a hugely restricted franchise drawn on 80,000 basic democrats — 40,000 each from East and West Pakistan.

Even the eligibility of the Field Marshal (as a non-retiring, life-time soldier, on the active list of the Pakistan army) to contest the elections was legally questionable.

To the best of my knowledge, it was challenged in the court and dismissed on the ground that an officer of the rank of Field Marshal on half pay could contest a general election.

Pleading my own ignorance of legal niceties, I would not know what legal arguments Mr Zafar as Ayub’s law minister must have marshalled to pave the way for the president (and his client) to contest the elections as the highest-ranking soldier in uniform.

Wouldn’t it have been only proper for Mr Zafar, the senior-most law officer (minister) under Ayub, to have shed light on this very peculiar and dubious circumstance?

The only bit of hard information Mr Zafar gives in his learned article pertains to his role in successfully opposing the curtailment of powers of judicial review. He writes: “A strong lobby pressurised Ayub to curtail powers of judicial review which I resisted and the constitutional amendment was dropped.”

However, might he not, in the interest of historical veracity, have chosen to identify the ‘strong lobby’. Mr Zafar remains equally evasive about the ‘various reasons too unwieldy to be discussed’ compelling the Field Marshal to have “surrendered all the way to the opposition and agreed to a round table conference ... to revert to parliamentary form of government...”

From the above, would it be right to infer that Mr Zafar was, in fact, opposed to the resumption of the long moribund political process dating from the day martial law was imposed from October 1958 to February 1969 when the Field Marshal at least agreed to talk to the opposition?

As for the Quaid’s role in initiating the history of constitution-making in Pakistan, it is beyond reproach. The Quaid’s refusal to bear ‘true allegiance to His Majesty’ and changing it to bear ‘true allegiance to the constitution’ was indeed an act of unprecedented courage and superb statesmanship (even as the governor-general designate of a British dominion) worthy of a man of his towering stature.

Nevertheless, under an essentially parliamentary form of government, he chose to exercise his viceregal powers vis-a-vis his prime minister, Liaquat Ali Khan.

BRIG (R) A.R. SIDDIQI

Karachi

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Earth Summit & nature’s SOS


TEN years ago, world leaders assembled at Rio de Janeiro for the Earth Summit to look at how to save the environment and ourselves. Now, 10 years later, heads of state and government have converged on Johannesburg for the world summit on sustainable development to re-assess the planet’s conditions.

But have things changed at all in these 10 years? Air and water are as — if not more — polluted; population and health remain serious issues; and some two billion people lack food security. Most disturbing, hundreds of global treaties remain unratified, mainly by the West led by the US, leave alone being implemented.

As the gap between the haves and have-nots widens, for one-sixth of humanity it is a daily struggle for survival.

While the world population growth rate is slowing, numbers are still rising and may stabilize at 11 billion.

In the poorest parts of the world, infectious diseases such as AIDS, malaria, cholera and TB are having a devastating effect. As farmlands get degraded, people are moving to cities causing severe overcrowding and problems of various kinds.

Food remains an issue for one-third of the world population. Agriculture policies are not sustainable and problems are getting protracted with severe, often acrimonious, debates between the proponents of biotech and champions of the environment.

Though much of the earth is covered with water, it is a major issue even, it is said, a possible cause for future wars as only 2.5 per cent of the earth’s water is fresh and a small portion of that accessible.

And the demand is growing so rapidly that the UN Secretary General, Dr Kofi Annan, has said that unless swift and decisive action is taken, two-third of the world’s population might end up living in countries with serious water shortages.

If water is in short supply, air quality is rapidly deteriorating. To meet the world’s ever-increasing energy needs, fossil fuels are burnt, and there is little likelihood of an improvement in air quality. Polluting industries are adding their bit. The Asia Brown Cloud (ABC)/haze is the latest of man-made disasters to strike the continent, but has global ramifications, as it can affect the weather patterns.

Will the leaders gathering in Johannesburg do something about all this, beyond talk? Will they save us?

There is really no optimism with no treaties planned. In fact, with no final agenda emerging, no binding decisions are likely. The US lack of commitment to international treaties could mean much acrimony and few initiatives.

RAHIM PANJWANI

Karachi

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SSGC’s version


THIS is with reference to Mr A. Rehman’s letter (Aug 27). The Sui Southern Gas Company would like to comment as under:

The increase in the prescribed price of Rs5.11 initially requested was revised downward by the SSGC on its own to Rs1.10 per MCF during hearing/presentation to the Oil and Gas Regulating Authority (Ogra), based on its unaudited accounts for the year 2001-2002.

The main reasons for downward revision were an increase in sales value/volume and savings in capital/revenue expenditure during the year 2001-2002. As such the difference between Ogra’s recommendation and the SSGC’s request was marginal which accrued due to disallowance by Ogra of certain provision made by the company as per the requirements of the International Accounting Standards and Companies Ordinance 1984.

From the above, it may be noted that there was no element of manipulation in the requested price increase of Rs1.10 per MCF and the downward revision was made by the SSGC itself.

The allegation of falsification of accounts is incorrect. In fact, the financial data of the company is highly reliable and accounts of the company are subject to audit by a leading firm of chartered accountants and the AG Pakistan.

The reliability of the data has never been questioned by any of these auditors.

S. NASRIN HUSSAIN

Chief Manager (ER) SSGC,

Karachi

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Military exports


THE launching of the Agosta submarine built in Pakistan under the guidance of French experts is the country’s biggest achievement after its nuclear explosion.

Just as the possession of a nuclear device is acting as a strong deterrent against an attack on Pakistan, the Agosta will also play the vital role of keeping our enemies away from our shores.

The production of a submarine indigenously is a remarkable achievement of our marine engineers and technicians.

Pakistan’s self-sufficiency in small arms, and the production of armoured cars and light aircraft indicates the country’s high potential of joining the comity of nations producing sophisticated defence material.

Arms exports can be lucrative for us. Apart from improving the economy, Pakistan will gain much in prestige.

RAFI NASIM

Lahore

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Public utility agencies


THIS is with reference to the column by Mr Fahim Zaman Khan (Aug 23). He mentions the repeated assertions made by donors to reduce staff to make certain public utility agencies, like the Karachi Water and Sewerage Board, financially viable.

While it is true that in some institutions, mass appointments were made due to various reasons, including political expediency, it is entirely incorrect that overstaffing alone was the cause of mal-performance and decline.

It is ironic to note that several donor funded studies commissioned to determine the root causes of institutional disorders end up repeating the obvious, that too with miscued analysis.

The real causes are mostly swept under the carpet for not being in conformity with the donors’ approach or on account of the lethargy and inaction of succeeding governments. Our utility agencies have suffered most due to such policies.

Non-collection of legitimately prescribed revenues, extraordinary reliefs and concessions to government agencies themselves in the recovery of revenue, unabated connivance in organized thefts of such services and non-realistic projects are only a few of the causes.

Instead of resorting to objective analysis and realistic decision-making, only those cadres of employees who are helpless are made targets of the so-called reforms.

As rightly mentioned by Mr Fahim Zaman regarding the World Bank’s approach towards poverty alleviation, it is just like filling water in a pitcher and, at the same time, drilling holes in its base.

NOMAN AHMED

Karachi

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Future of national institutions


THE inefficiency and backwardness of our national institutions are one of the prime reasons for the failure of democracy in our country. The Musharraf government wants to strengthen and reform these institutions to pave the way for democracy. But the outcome looks uncertain because both the government and society have not been paying much attention to the young generation which has to join in the development of our national institutions.

The present trend shows that the best of our talent opts for jobs in multinational companies (MNCs) and is least interested in national institutions. The MNCs’ advertisements for jobs require candidates having degrees in MBA, MCS (and the like) with proficiency in the English language and excellence in interpersonal and communication skills.

These qualities and qualifications are generally found in candidates belonging to the upper strata of our society because they have the means to study at academic institutions of high repute and recognition.

Candidates from the middle and lower classes may also have these characteristics but a majority does not.

Without going into details, the fact remains that talent is mopped up by the MNCs. Jobs in national institutions and government departments have lost their attraction for talented people.

There are several reasons. The remunerations and other benefits offered by the government and private sectors of our country are less attractive as compared to those offered by MNCs. The two sectors provide no job security while some other reasons may be promotions and prospects.

Now the enthusiasm towards competitive examination is also dying down.

One wonders what kind of workforce the government organizations would have in future. If it comes from those who can’t even pass their pre-admission tests of a high class academic institution, then the future seems to be all the more bleak.

SANAM NOOR PECHUHO

Karachi

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Learning from history


I HOLD Ardeshir Cowasjee in high esteem as a columnist of substance who fearlessly brings out facts in great detail. But I feel sick and tired of reading his repeated sermon, ‘We never learn from history’. I would like to tell Mr Cowasjee that we Muslims are born and brought up to forget ‘history’ — we are trained to rewrite history and are experts in this great art. We never look back but adjust ourselves to live with the present without any thought for the future.

K.A. WAHID BUTT

Lahore

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CLI charge


THIS refers to Mr Mukhtar Hussain’s letter ‘Free CLI facility’ (Aug 28). The PTCL would like to clarify that CLI facility is not being provided absolutely free of charge, rather only the activation is free of charge.

Originally, the PTCL used to charge Rs100 as CLI activation fee which has now been waived. The monthly CLI charge at the rate of Rs30 is still in force.

QAMAR AHMED

AGM (PR) PTCL,

Islamabad

Top


Regrets to Bangladesh


THIS is with reference to Dr Aftab Ahmed’s article “Regrets to Bangladesh” (Aug 23). It has been mentioned that Mujib was working for Bangladesh since 1948. But this is not based on facts.

If Mujib were planning to secede, then why didn’t he resort to a unilateral declaration of independence on March 7, 1971 when he had addressed a one-million-strong rally in Dhaka’s race course ground?

When Yahya postponed the National Assembly session to be held on March 3, the East Pakistanis revolted. On the other hand, Mujib kept on pressing Yahya Khan to announce a fresh date for the session but it fell on deaf ears.

Indira Gandhi asked Mujib to cross over to India along with the entire Awami League leadership but he refused. He asked in bewilderment what his sin was. He had only asked the government of the day to give the East Pakistanis their due rights. Reportedly he had said that the six points were not so sanctimonious, and they could be discussed during the NA session.

He had bitterly complained to Yahya Khan that as leader of the majority party, he was not consulted before the decision postponing the NA session. Was Yahya Khan the President of West Pakistan only? he had asked the general in disgust.

As late as 1969, the word Bangladesh was not coined nor heard in the corridors of Dhaka University.

I wonder why Yahya did not hand over power to Mujib when the latter had swept the elections; instead he chose to crush the political aspirations of East Pakistanis through force. Why blame Mujib that he was a secessionist?

As a last resort, Yahya Khan had the choice to hold a referendum on the Quebec style; this would have been much better than the Indian intervention and the ensuing disgrace and humiliation.

SAFIR A. SIDDIQUI

Karachi

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Over 50pc votes to win


TOO many parties are contesting the coming elections. If the first past the post is going to be declared a winner, he or she may not need even 20 per cent of the votes cast in any constituency to be declared elected. It will, therefore, be necessary that to get elected one should get more than 50 per cent of the votes cast in a constituency.

While it seems most unlikely that only one candidate will be left in any constituency in view of too many parties, it is not impossible that all contestants except one may withdraw from the contest in a constituency.

Under such a circumstance, the lone contestant should be called upon to face a poll in which the ballot papers should have a question, “Do you want Mr ‘X’ to be declared elected?” and facing it there should be squares having ‘Yes’ or ‘No’. To be declared elected he must secure more than 50 per cent votes/ballots cast in the constituency.

The above may be given due consideration by the powers that be.

JALAL AHMED

Karachi

Top



Islamic or secular state?


‘WRITTEN in Jinnah’s heart’ (Aug 11) is the title of a review of the new book by M.J. Akbar, a leading Indian journalist and author.

Quaid-i-Azam fought for liberation of the Muslims from domination by the British and oppression of the Hindus and succeeded in creating a homeland for the Muslims of the subcontinent where they could not only practise and propagate their faith and religion but also achieve economic independence.

While his dream appeared to be very important to the Quaid, it does not mean that he did not give importance to Islam as a factor in the struggle for independence. It is clear that the Quaid was committed to Pakistan being an Islamic state in the sense that our Constitution would embody the essential principles of Islam which he described as democracy, tolerance, equality, justice, fair-play and the fundamental principle of belief in ‘one God’ and equality of man before God.

On Aug 11, 1947, he delivered a speech to the constituent assembly of Pakistan, and on Aug 14 at the transfer-of-power ceremony which Professor Akbar Ahmad has described as ‘Jinnah’s Gettysburg address’ he very clearly recommended tolerance and protection of minorities in Pakistan not as a commendable secular principle but as a mandatory Islamic injunction.

The Quaid-i-Azam rebuffed Lord Mountbatten when he recommended that Pakistan should follow the secular policy of Emperor Akbar and in reply stated that the tolerance and goodwill shown by Emperor Akbar was not of recent origin. It dated back 1,300 years ago when the Holy Prophet (PBUH) by his deeds and words treated the Jews and Christians with the utmost tolerance with regard and respect for their faith and beliefs.

In the above background, it is surprising that in his book M. J. Akbar has chosen to record an alleged report made by Lord Mountbatten that Mr Jinnah had forgotten that August 1947 was the Muslim holy month of Ramazan and the independence celebration had to be changed from lunch to dinner due to this fact.

This attribution by Lord Mountbatten is obviously incorrect and motivated with a desire to malign Mr Jinnah.

Mr Jinnah evidently saw no conflict between the principles of Islam and the secular concept of equality and tolerance among people.

In his recent article, Prince Hassan Bin Talal has this to say of the Quaid-i-Azam:

Mr Jinnah said: “You are free, free to go to your temples, you are free to go to your mosques or to any other places of worship in this state of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of state.”

The Quaid’s vision was the vision of a modern Islamic state. It is a model we would do well to think about in our current confusion and despair.

Leaders of Islamic countries should think on the above lines and endeavour to mould their countries into ‘modern Islamic states’ while western leaders should encourage Islamic countries to develop leaders in Jinnah’s role model.

LIAQUAT MERCHANT

Karachi

Top








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