| September 3, 2002 | Tuesday | Jamadi-us-Saani24,1423 |
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Trimming of platforms
Objectivity in PTV news
Impunity to policemen
Infiltration across LoC
Rangers’ alert
Pakistan’s debts and prosperity
Religious education
Heritage
Bar on employees’ relatives
Seervai’s book
Preventing road accidents in Karachi
THIS refers to your editorial (Aug 21) which says that “in what indeed is a landmark judgment the Federal Shariat Court has ruled that a woman who is victim of rape is not liable to punishment; instead it is the rapist who must stand trial under Hadd or Tazir.” For the benefit of the readers, let me point out the earlier landmark judgment of the Sindh High Court reported as Ms Rani v/s State (PLD 1996 Karachi P.316).
In this case the alleged rapist and his accomplice had been acquitted by the trial court but Ms Rani, an unmarried, was convicted mainly because at the time of lodging of FIR she was seven-month pregnant.
Relying on Islamic and Western sources of jurisprudence it was held by Mr Justice Ghous Mohammad in para 15 of the judgment as follows:
“i) Mere pregnancy is not sufficient to convict a woman for Zina especially where she claims the pregnancy to have been caused due to her rape/Zina-bil-Jabr by man/men who later stand acquitted on any ground.
“ii) To convict a woman for Zina, the prosecution would have to discharge the heavy onus of proof by bringing forth positive and independent evidence that the woman actually and in fact had committed Zina with her own free will and consent with another man to whom she was not lawfully married. In this regard it may also be stated that mere proof of pregnancy or some form of medical testimony/report on its own could be of no consequence as the latter would at best only serve to be corroborative in nature:
“iii) In the situation as envisaged in (i) above the woman like any other accused is also entitled to a benefit of doubt.”
It was further held in this landmark judgment as follows:
“By its very nature ‘Zina’ is a joint offence requiring positive identification of a man and a woman, distinctly, consenting an unlawful sexual intercourse. The position of Zina in this regard is comparable with the common law offence of affray in England. In England the fact that the common law offence of affray is in the nature of a joint offence requiring identification of at least two persons can be borne out from the following passages from the decision of the Court of Criminal Appeal in R.V Sharp (1957) 1 All ER 577:-
“..... that it was a real disturbance of the peace by two persons fighting each other in public instead of settling their differences in the royal courts or endeavouring by a display of force though without necessarily using actual violence to overawe the public.... (at p.579-F).
“Now as the recorder said, and we see no reason why he should not, one object in charging the appellants with an affray which is of necessity a joint offence .... (at P.580 C).
“I would accordingly extend this principle as decided in Sharp by way of analogy to the offence of ‘Zina’ to hold that the said offence of ‘Zina’ is by itself in the nature of a joint offence requiring identification of both a man and a woman, distinctly. In case any one of them fails to be so identified, as has been in the present case, no offence of ‘Zina’ can be made out by the prosecution. Such is also the reason for acquitting the appellant. She is currently on bail. Having been acquitted, her bail bond is discharged.”
It appears that the above landmark judgment of the Sindh High Court was not cited before the Federal Shariat Court. In Muslim Family Law (Third Edition, Sweet & Maxwell) by David Pearl and Werner Menski, the learned authors have referred to the judgment of Justice Ghous Mohammad with appreciation and approval.
SHEEMA YASMIN SYED
Karachi
THE Karakoram Express has been discussed time and again in newspapers giving the impression that either it was a wrong deal between Pakistan Railways and their Chinese counterparts or someone had ‘goofed’ in providing the specifications to the Chinese.
Hence the following clarification:
The width of Chinese coaches is exactly the same as of the old British Railway coaches i.e. 3,250 mm. If measured precisely the Chinese coach will be one millimetre shorter that the old German coach.
The difference between the old coaches and the new Chinese ones is that the former are curved near the bottom while the lattergo straight from top to bottom.
The gap between the coach-floor and platform is nine inches (approximately) and the safe distance between footboard and a standard platform is six inches.
It had been observed that at six or seven stations, the nine-inch distance was reduced to about five inches due to repair/non-standard construction, though the safe distance was there. The Railway, therefore, decided to trim such platforms. This trimming cannot be described as ‘smash or modification’ of the platforms.
No platform has been dismantled for the purpose of clearing the way for Karakoram Express. From Lahore to Karachi, only six or seven platforms out of a total of 130 have been trimmed. Thus, it is unfair to ask for ‘a few heads to roll’.
This is also worth mentioning that Karakoram Express has to stop at only three stations, Khanewal, Rohri and Hyderabad only in its Lahore-Karachi journey. However, the Railway administration took extra care by trimming the seven odd platforms.
By any stretch of imagination, the trimming cannot cause a loss of ‘millions of rupees’ to the Railways.
It is also interesting to note that the news about ‘smashing and shortening’ of platforms appeared in the press on Aug 13 and the Karakoram Express was flagged off at 4.30 pm the next day. Can any one think of such a gigantic task having been completed in less than 24 hours?
NASRULLAH GHILZAI
Director, Public Relations
Pakistan Railways
PTV in its ‘News At 10’ programme on Sunday launched an unbridled campaign against the two main political parties of the country.
The cause of the ire against the People’s Party and the Muslim League was the gesture shown by Mr Nawaz Sharif in withdrawing his nomination papers to register a protest against the rejection of Ms Benazir Bhutto’s nomination papers and to express his solidarity with the PPP.
This was the cause of great anguish for the PTV commentator who remained faceless throughout the programme.
The PTV commentary maintained that these two parties which had traditionally remained each other’s sworn enemies had now become strange bed-fellows.
Their reconciliation, according to the government-controlled electronic setup, has created a great deal of confusion for the cadres and workers of these parties.
In the interest of fairness and impartiality, PTV must adhere to a policy of objectivity. Even otherwise, PTV’s rating has fallen much below the acceptable level of credibility.
AZIZ AKHTAR
Karachi
PTV World has started its own news in English. It is probably meant not for Pakistan, but for the rest of the world. But when shall we understand that in the presentation of such programmes, we should try to stick to our own culture?
Dressing up like Americans would not gain us their favour. It is true that PTV hardly has any viewers abroad except the Pakistanis themselves. So are we trying to make the Americans watch it by adopting their ways? Poor PTV, this is the height of desperation.
AYESHA MALIK
Karachi
GRAVE crimes and serious violations of laws are being committed by the police personnel themselves, quite frequently. Most of these remain unreported because the victims are apprehensive of an outrageous retaliation.
It would be naive to believe that the higher police officials are not aware of the misdeeds of their subordinates. In fact, in most of the cases the culprits are shielded by their superiors.
It was only last week that as many as five uniformed dacoits entered a flat in a thickly populated area of Karachi where a wedding was under way and robbed those present there. They used official vehicle. Some young men were courageous enough to overpower two of them.
Since they were caught on the spot in presence of a large number of people, the police chief had no alternative but to give an assurance that the culprits would be suspended and eventually dismissed.
According to eyewitnesses, the culprits have committed Haraaba which has been defined in section 15 of Offences Against Property (Enforcement of Hudood Ordinance, 1979).
The culprits are liable to Hadd under section 17(3) of the same Ordinance. But the police chief does not intend to go beyond taking departmental action against his subordinates.
There have been thousands of theft cases in which the police has prosecuted the accused under the said Ordinance and demanded the enforcement of Hadd.
The foregoing case is of armed robbery. The police chief must, therefore, explain as to why he intends to take only a departmental action against the culprits, and not to prosecute them for Haraaba.
PROF MUKHTAR ALI NAQVI
Orlando, USA
THE Line of Control (LoC) in Kashmir is about 700-kilometre long, traversing some of the most difficult terrains in the world. In fact, the northernmost one-third is not accessible at all, except by helicopter.
For guarding the remaining 300 to 400 kilometres, India has deployed 750,000 troops, which gives two men per metre of the line.
This army is backed up by the latest state-of-the-art surveillance equipment, courtesy the United States. In addition, millions of landmines have been planted along the LoC to deter passage across it.
A field mouse could not pass through without getting blown to bits.
The fact that in spite of all the above measures India still cries and complains about infiltration, can only mean that its army is totally inept.
In any case, it is the responsibility of every country to stop unlawful entry into its territory and nobody else’s.
The real purpose behind all the hue and cry is to distract world opinion from the fact that the Kashmiris do not want the Indians in Kashmir. The sooner the Indians see this reality, the better for all.
SAJJAD S QAZI
Lahore
THE report released by the Rangers warning people of a possible series of attacks in Karachi on Sept 11 came as no surprise. However, what does surprise me is the statement: “There is credible information that the Islamic militants want to convey a message on Sept 11.”
If the information is so ‘credible’, then the source of this information must be equally credible and the Rangers should have no difficulty in preempting the ‘Islamic militants’ beforehand.
God forbid, if something horrible happens on Sept 11, we will be in serious trouble. Confidence of the investors, particularly local, which has strengthened gradually, will erode.
The ministry of interior as well as other ministries must mobilize all available resources to ensure peace throughout the country.
NAZIM F. HAJI
President, The Reformers
THE country’s foreign debt of US$38 billion has been reduced by US$2 billion, mainly due to the conversion of short-term into long-term loans and their subsequent re-scheduling.
Similar arrangements are in the offing for the leftover debts. This would provide a much-needed relief to the economy.
The consecutive political set-ups from 1985 onwards had sought costly short-term loans to address transitory problems, without being cognizant of their adverse impact on the economy. In this manner, national sovereignty was mortgaged with the foreign lenders.
Resultantly, the dictates of the donors had to be followed blindly, inflicting misery on the common man.
The wealthy evaded taxes and the entire burden of debt-servicing has been left to the down-trodden.
Whatever the nature of the present government, it has at least made some sincere efforts to put the economy back on the track.
The support extended by Pakistan against international terrorism has brought some monetary compensations, including the re-profiling of expensive loans.
A sane mind understands that every action has its own pros and cons and it should be seen which side of the balance sheet is heavier. Looking at things positively, an initiative has been taken by the military government to retire the principal debt.
To free our economy from the debt trap, we shall have to decrease non-development expenditure, enhance inflow of foreign remittances, revive sick industries, eliminate corruption, narrow down budgetary as well as trade deficits, document the economy and, on top of all this, we will have to ensure political stability.
Every Pakistani, especially our leaders, need to ponder over the pathetic economic scenario and to dedicate all efforts towards its improvement.
But it would only be a wishful thinking to hope for prosperity unless and until foreign debt is eliminated.
S. MASROOR HUSSAIN SHAH
Peshawar
IT is commendable that millions of Pakistani Muslims regularly offer daily prayers. But hardly 10 per cent of them understand the true meaning of prayers. What has been missing is perhaps a well thought-out, modernly-designed and sustainable religious education system.
I would suggest that the ministry of religious affairs should launch special religious channel, both on TV and radio. This channel should broadcast/telecast lectures by religious scholars. There should also be discussions on religious subjects. The programmes should be in Urdu as well as in the local language of the respective province.
The prime time programmes that would be aired internationally should be telecast with English translation, so that the non-Muslims world could also understand the teachings of Islam.
M. KHAN
Peshawar
THIS is with reference to a letter (Aug 21) regarding heritage building on the M.A. Jinnah Road, Karachi.
It is regrettable that some unscrupulous persons have been trying to get the building demolished and then acquire the plot of land for building a shopping plaza. Such an action would be clearly in violation of the laws regarding the protection of heritage buildings.
I appeal to the Governor and other concerned authorities to protect the heritage building.
ABDUL SHAKOOR PATEL
Karachi
A PTV order says that “nobody who is in any way related to any of the PTV employees can appear on television in any capacity, no matter how competent and useful he is to PTV programmes.” Prima facie, this order is illogical, unjustified and unwise. The imposition of this ban amounts to snatching means of livelihood from the people who have for years been associated with PTV and fully depend on the institution for which they work.
On the other hand, the PTV authorities have done a disservice to the institution by imposing this ban due to which a number of experienced, seasoned and popular artistes and compares have been ousted.
Being related to the PTV employees is neither a crime nor a sin. This new ban is an open threat to basic human rights which reflects on PTV’s image. If this ban has been imposed on the pretext of checking nepotism, it is ridiculous. The uncalled for ban must be lifted immediately in the best public interest.
DR UZMA SEEMAB
Lahore
I ENDORSE the suggestion made by Mian Ghani (Aug 24) to the OUP Pakistan to reproduce Hormasji Manekji Seervai’s ‘Partition of India — legend and reality’.
During my study of the Pakistan Movement and the Independence struggle in South Asia, I came across a lot of references to this book. However, this book is not available in Pakistan at the moment. The reproduction of this book will be of great help to the students of History in Pakistan.
YASSER LATIF HAMDANI
Lahore
EVERY day innocent people are killed in road accidents in Karachi. Our intra-city system of transport is in total disarray. Not only the commercial vans, trucks, buses, loaders, etc, are in suicidal hurry, even private cars exhibit total lack of civic sense.
Our traffic management set-ups have exhausted all cosmetic tricks available in their bag and wasted quite a lot on painting lane dividers, zebra markings, issuance of ticket to the offender and earmarking a lane exclusively for the buses. An experiment to place solid barricades along University Road — from Civic Centre to the overhead bridge at Nipa roundabout — to keep the buses in the left lane, proved not only futile but hazardous for traffic other than those for whom it was meant. Many a car and motor cycle bumped into them while the buses ignored them with contempt.
Unfortunately in this city just anyone who owns even one bus can run amok on the road and compete with many others of his ilk. Those who can afford more than one vehicle have organized themselves into a mafia strong enough to defy official orders.
Let there be only one transporter (state or some para state agency) who should operate large vehicles instead of the present mini-devils owned by many feudals of the trade.
What is needed for Karachi is the double-decker that can take more passengers and cannot be driven at breakneck speed. If these could ply on the narrower roads of Lahore (once they did) why can’t this vehicle be introduced in Karachi?
If the provincial or local government or some state-run organization cannot do the job, the work can be entrusted to some world reputed organization through international open tenders. Let there be only one or at the most two transporters to provide this basic facility in the city of so many districts. If the public transport system improves the number of cars at present clogging the extra-wide roads will also be reduced.
Has anyone ever thought of taking the risk of conducting some random check of the eyesight or response reflex of the heavily sedated drivers?
Let us admit the fact that no human being can remain at the wheel of a rickety vehicle and also navigate through the mayhem on the roads, without first getting a shot of some drug that may last at least eight hours, i.e., daily duty hours of a driver. This unfortunate situation can be remedied only if someone cares for the residents of this unfortunate city.
DR SYEDAIN JAFFERY
Karachi
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