| 01 July 2004 | Thursday | 12 Jamadi-ul-Awwal 1425 |
SHC judgment on jirgas
Educated illiterates
NSC, MMA and democracy
Armymen as khuddams
A resilient city
Sale of NSS instruments
Uninspiring police
Who will bell the cat?
KESC's new drive
Bowling coach
Fund wastage
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This is with reference to a letter by Saad Usman under the heading 'Bureaucratic indifference' (June 13). While sharing the concern expressed in the letter, let me refer to a judgment, authored by Justice (retd) Dr Ghous Muhammad, in a case where identical complaints were made against the customs appellate tribunal.
The court issued the following directions to the members of the customs, excise and sales tax appellate tribunal (CESAT):
a. The learned members must commence hearing on a daily basis from 9.00am to 1.30pm or till the daily roster of causes is completed, with half-an-hour break;
b. The learned members thereafter should be available in their respective chambers and write judgments/orders and attend to miscellaneous and other administrative work;
c. Once in a week no hearings, except in urgent matters, may take place and that day may be reserved for judgment writing, The day may be Friday preferably;
d. Every day the daily roster should list out the hearings and causes for the next day on a notice board by 12.00 noon;
e. At least one week's written intimation/notice of fixation of regular bearing be received by parties;
f. Injunction/stay and other miscellaneous applications are to be taken up urgently and disposed of without delay;
g. Order on the injunctions and other miscellaneous applications be communicated within a day or two of the hearing to the applications or their counsel;
h. Orders/judgments of the appeal after the final hearing may also be given promptly and, in turn, communicated to the appellants and/or their counsel within a period of 10 days or passing of such judgment/order. The judgment order of the appeal be given preferably within one month of the hearing;
i. The chairman and other members of the CESAT are directed to consult senior lawyers appearing before the CESAT as also the president and office-bearers of the Customs, Central Excise and Sales Tax Bar Association, if any, so as to vet and finalize the rules for the working of CESAT on the lines of the Income Tax Appellate Tribunal Rules, 1981;
j. The conduct of hearing and its outcome should be strictly in accordance with law and settled judicial conventions. The learned members of the CESAT are directed to pass speaking and judicial orders by following the provisions of the statute and the judgments of the superior courts.
Attempt should be made to consider all arguments of the parties and give well-reasoned findings thereon. Efforts should be made to redress a common complaint that arguments of parties have not even been looked into;
k. Where recoveries of tax are restrained, attempt should be made to decide the main appeal expeditiously and in any event before six months;
l. Another common complaint is that the CESAT never proceeds in the absence of representatives despite repeated notices and intimations of hearings sent to the department. Despite proper service of notice if none appears, the CESAT is at liberty to proceed and decide the matter. The CBR chairman is directed to ensure presence of departmental representatives before the CESAT;
m. Another common complaint is that even where some injunction restraining the recoveries is granted, the departmental representatives seek repeated adjournments so as to effect any time limit of injunction to expire. In such cases the departmental representative be directed to submit his oral undertaking on behalf of the department not to effect recoveries."
It would also be relevant to quote the following para from this landmark judgment of the Sindh High Court:
"Before parting it may be emphasized that the raison d'etre of establishing administrative tribunals has been to dispense a better quality of justice where people better trained in particular fields and disciplines could provide quality decisions and resolution of disputes.
Equally speaking, one other main reason for having created the specialized tribunals is to relieve the ever-escalating burden on the courts. Appointing members to these tribunals on (a) political basis or who are otherwise incompetent or have doubtful integrity would prove completely counter-productive since, firstly, the quality of judgments as intended or aspired cannot be delivered and, secondly, aggrieved against the actions and inactions of the appellate tribunals as flood-gate of litigation could be experienced by the high courts as is marked by the recent trend."
I am further of the view that Mr Saad Usman and other such aggrieved persons, including taxpayers and companies whose precious time is wasted in such tribunals, can take advantage of this judgment.
GHULAM MUSTAFA
Karachi
SHC judgment on jirgas
This has reference to the letter "SHC judgment on jirgas" (June 21) by Chandio Munir Ahmed. Mr Ahmed is quite explicit. He has quoted several references regarding the judgment about jirgas delivered by the SHC to which we need not refer.
We are in agreement with Mr Ahmed as regards the judgment given by Mr Justice Rehmat Husain Jaffery of the SHC, in which the judge has discussed the jirga system and quoted the law on the basis of which he has declared the holding of jirgas and their decisions as unlawful.
The judgment was to be implemented by the administration, as well as by the lower judiciary, but as pointed out by Mr Ahmed, a case was decided by the jirga without first seeking permission from the sessions judge.
In the present circumstances, unlawful judgments are being pronounced by jirgas in all the provinces. The jirga system is finding support from sardars, waderas and feudal lords who do not want the judiciary to play its proper role. It is now for the Supreme Court to take suo motu notice of the SHC judgment and its open contravention by the influential.
The Shaista Almani and Balakh Sher case decided by the SHC in favour of the couple has been reopened by the waderas of Mehr, Almani and Jamali sardars and is now being held at Dera Murad Jamali, Balochistan, to escape from the SHC jurisdiction.
Another case took place in the NWFP where a girl was made to march naked in public. The accused in the case were influential khans who had obtained pre-arrest bail from the court of a sessions judge and, in the meantime, a jirga was arranged.
The jirga pressured the complainant and the victim girl to compromise with the accused. The sessions judge recorded the compromise, though the offence of 354A PPC was not compoundable.
SAEED AHMED KHAN & SEVEN OTHERS
Karachi
Educated illiterates
One should not be surprised to see the fast growing number of private universities, along with an increase in the number of illiterates and a faster growth in the number of educated illiterates in Pakistan. It is logical.
Establishment of universities and schools has become a source of profitable investment. Private schools charge Rs5,000 or more in fees per month and a university up to Rs12,000 per month. Naturally, those who send their children to these schools and universities are rich people.
Those who grant charters to the universities to sell education don't seem to know that a university is an institution to impart higher learning, where the most important aspect is research. An institution with no research faculty and highly well-equipped laboratories cannot be called a university.
The ruling generals should know that no society in the modern world can develop without universal literacy, a high standard of education and developed research facilities in all disciplines.
Pakistan had inherited a strong base for development of the capital goods industry, a fine communication system, great human resources and a flourishing agriculture. Both China and South Korea were war-devastated and totally in ruins with not much of human or material resources. Today they both count among developed countries.
In contrast, Pakistan is burdened with almost unplayable huge foreign debts worth $34 billion, and a level of education of which the rulers should be ashamed.
GHULAM KIBRIA
Karachi
NSC, MMA and democracy
This is with reference to Mr S. Q. Afzal Rizvi's letter "NSC, MMA and democracy" (June 28) which says that the army has always been forced to take over the country and that the National Security Council will prevent future military coups.
No one is forced into power but forced out of power. The army has always been happy to take over power to serve its own interests and not the interests of the country.
Even if the army chiefs were asked to intervene or become an arbitrator in disputes, they should have refused to do so as the army should never get involved in politics.
In Pakistan the most powerful people are army generals followed by bureaucrats and then politicians. Politicians come and go by but generals and bureaucrats remain in power and decide as to which politicians should be brought to power.
No wonder politicians who come to power treat the country as their family estate as they enjoy the support of the military and bureaucrats. If democracy is not allowed to take root, the system created by President Musharraf will collapse. It must be realized that it is precedents which are followed and not laws.
ANIL KHAN LUNI
Karachi
Armymen as khuddams
A news item appeared in Dawn on June 22 saying that the National Assembly was informed that over 60 per cent armymen had been inducted as khuddams, and their charter of duties required them to render welfare service, such as guidance to pilgrims.
I had two encounters with the information and welfare centres in Mina. On one occasion when I was unable to locate my tent, I approached the welfare centre and was met by an Arab who was standing at the gate, who could only speak Arabic.
I asked him if I could speak to any Pakistani. I was informed that there was no one available at the time, while the information centre was profusely decorated with sofa sets and flower pots.
On another occasion at another information centre, again at Mina, when I asked for some information, the gentleman replied that he was worried about his mother who was missing since the morning, and he was unable to provide any information.
I think such khuddams are no help to pilgrims, since they are busy with their own welfare and are not bothered about the pilgrims.
COL (retd) ANWAR JAN BABAR
Karachi
A resilient city
Karachi had always been a peaceful city. Even at the time of partition when most major cities of the subcontinent were marred by communal violence, there was not a single incident in Karachi. Its citizens were peace-loving people, and Muslims, Hindus, Christians and Parsis lived like brothers, in harmony and tolerance.
I remember the days when I was a student in this city in the '50s and '60s. Very often I used to walk home from the Dow Medical College to Guru Mandir in the middle of the night after finishing my duties at the Civil Hospital without any fear of being robbed or mugged on the way.
In our house we used to sleep with the doors and windows open at night to let in the cool sea breeze of Karachi and there was no fear of dacoits or burglars. In our college there were students from all parts of the country, coming from different ethnic backgrounds and belonging to different sects and religions, and yet there was no animosity.
Karachi has always played the role of a benevolent mother, providing sanctuary and succour to all who have come to its loving lap. Starting from the millions that poured into Karachi at the time of partition to the hundreds that trickle into its belly even today, Karachi becomes a home to everyone and anyone.
All find a place to live and hardly anybody goes hungry for such is the benevolence of the mother. Everyone belonged to Karachi but Karachi belonged to no one. There was no planning to cope with the fastest growing city anywhere in the world.
Karachi was left to the mercy of the elements. Problems of a growing metropolis were neither foreseen nor planned for. The result was unchecked growth, with Karachi bursting at the seams. Now Karachi has burst.
There was a Karachi Development Authority but it was more interested in allotting plots than building the necessary infrastructure like roads, water supply and sewerage.
There was a Building Control Authority but it was more interested in making money by giving permission to monstrous highrises, not bothering about where the water would come from for the residents or where sewerage would flow.
Master plans were drawn up but were never implemented, falling prey to political expediency. Karachi must be the only city of its size in the world that has no mass transit system and where commuters have to risk their lives by travelling on the roofs of buses.
Karachi has been consistently ignored by successive governments and never given the importance that it deserved in spite of providing 70 per cent revenue to the national exchequer.
The result is that the city has become a huge jungle where criminals find it very easy to hide, commit their crimes and get lost in the jungle, where unchecked madressahs are free to preach religious intolerance and hatred resulting in sectarian mass murders.
There are absolutely no checks and balances in Karachi. Is it surprising then that its growth has been lop-sided? To expect the government or the police to do anything to remedy the situation would be futile.
Eventually it will have to be the sons and daughters of Karachi who will have to stand up and be counted if they are to salvage their beloved city from its present condition and restore it to its past glory.
The current state of apathy will have to be shed and people will have to come out of their cocoons. The citizens themselves will have to exhibit and preach tolerance and understanding, compassion and civility, love and affection, care and concern for their neighbours and fellow-citizens.
The dwellers of this city will not only have to profess their love for their city but also have to contribute their share of effort towards improving its condition. Then and only then is there any hope of the dark clouds lifting.
Karachi has always been a resilient city and has the potential to bounce back to health, and there is no reason to believe that it will not do so again.
KARACHIITE
Sale of NSS instruments
The government's recent decision not to allow the sale and purchase of national savings scheme instruments by banks has caused much inconvenience to the people, particularly the elderly. Now they have to go to the national savings centres for this.
The NSCs are generally overcrowded and understaffed. The elderly are subjected to a good deal of trouble and waste of time. The centres insist on personal appearance of old and disabled women to receive profit on their investments, even in cases where the identity of their authorized agent is well established and he happens to be their account holder.
The ministry of finance is urged to take immediate notice of this genuine grievance caused by banning the sale of NSS instruments by banks. It is requested that at least the National Bank of Pakistan from where retirees draw their pension may be allowed the sale and purchase of NSS certificates. Besides, the National Bank may be allowed to open pensioner benefit accounts.
R. R. ALVI
Lahore
Uninspiring police
A photograph in a newspaper on Monday showing a teenager held by two fierce-looking men at a MMA peace rally in Karachi caught my attention. The man whose shirt is unbuttoned with collar turned up in a cavalier-like manner and the face masked like a dacoit is none other than a policeman.
I wonder if this uninspiring robber-like get-up has been resorted to with the official approval of the police high-ups. Little wonder that today people have lost faith and confidence in the security apparatus of the country in general and Karachi in particular.
ALI GOHAR
Peshawar
Who will bell the cat?
This refers to the news item "President asks PML men to counter protests in NA" (June 19). The list of those who attended the meeting with the president consists mainly of parliamentarians of feudal lineage. None of them has the moral fibre to stand up to criticism. The president will have to look elsewhere for people who are not afraid to bell the cat.
G. H. BUTT
Muzaffarabad
KESC's new drive
It is quite heartening to see that the KESC has recently started a drive to appear consumer-friendly by setting up new customer service centres and appointing polite staff, etc. But low voltage, fluctuations and loadshedding are some of the areas where there is no improvement at all.
Just recently, the KESC has re-designed and constructed the service centre for the Garden area, located on Garden Road. But the residents are facing many fluctuations in power supply. We always get voltage between 190-200 volts. Despite numerous complaints over the last two years, there has been no change in the situation.
Technicians come, 'fix' some unknown fault, get our signatures and yet we are left cursing the corporation. Sometimes, they promise to send senior engineers with advanced equipment. Sadly, it never materialized.
RAJESH KUMAR
Karachi
Bowling coach
The Pakistan team has ample talent in bowling as well as in batting. But this talent needs to be polished at the professional level. At present Pakistan has a good bowling attack in terms of Shoaib Akhtar, Muhammad Sami, Shabbir Ahmed, Umar Gul. These bowlers need adequate time and support to settle down.
I consider Wasim Akram as the best choice to become a bowling coach and as such I would request the PCB chairman and CEO to utilize the experience of Wasim Akram, who also has developed an understanding with the current Pakistan bowling line-up.
MANSOOR A. KHAN
Karachi
Fund wastage
We breathed a sigh of relief when our road (from 32 E and F to 42 E and F in Karachi's PECHS Block 6) was at last carpeted after lying in an dilapidated condition for two decades.
However, our good fortune was to last a few days only. The city authorities have dumped a large number of steel pipes all along the road and have restarted digging a trench. If rains arrive, it will be catastrophe.
Do civic agencies inform one another of their plans before undertaking a project? How long will the residents continue to suffer?
RESIDENTS
Karachi
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