| 20 December 2004 | Monday | 07 Ziqa'ad 1425 |
Military rule and democracy
Hope for Palestinian state
Two-nation theory
Appeal to chief justice
'Realtors' paradise'
UN resolution on religious harmony
Aids - the killer infection
Water meters
Asif Zardari
Religion column in passports
Islamiyat exam papers
Faulty phone
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Your editorial "Dual office law" (Dec 2) has voiced the feelings of the people. The signing of the "President to Hold Another Office Bill 2004" by acting president Mohammed mian Soomro was the last nail in the coffin of democracy, besides reflecting "the military's contempt for the constitutional process", as you have rightly said.
A person who seizes power illegally performs a number of illegal acts to reach the top of the hierarchy of power. Such a person has no roots in the masses and lacks confidence in his own party and will act without taking into consideration the consequences of his action by way of irreparable damage to democratic principles and erosion of the fundamental concepts of constitutionalism and rule of law, as experienced in the military take overs in 1958, 1969, 1977 and 1999 and pinpointed in the editorial.
Provisions of Article 48 makes it clear that there are two categories of functions to be exercised by the president: one under sub-clause (1) where under the president shall act in accordance with the advice of the cabinet or the prime minister; and the other under sub-clause (2) where under the president shall act in his discretion and the same reads as under:
"(2) Notwithstanding anything contained in clause (1), the president shall act in his discretion in respect of any matter in respect of which he is empowered by the Constitution to do so and the validity of anything done by the president in his discretion shall not be called in question on any ground whatsoever."
The president, therefore, acts in his discretion while exercising his functions in giving assent to bills or returning bills to parliament under Article 75. The expression "functions" used in Article 48(l) can be classified in three categories: legislative, judicial and executive functions.
Functions which are neither legislative nor judicial fall in the category of executive functions. For instance, the appointment of a chief justice or a judge in the superior courts is an executive function.
This being the settled position under the Al Jehad Trust case (PLD 1997 SC 84), such appointments can, however, be made only on the advice of the prime minister under Article 48(l) read with articles 177 and 193 of the Constitution.
Likewise, the function of giving assent to bills or returning bills to parliament, falling under Article 48(2), being the discretionary exercise of power by the president, the acting president cannot give assent to the Dual Office Bill purportedly in the exercise of functions of the office of the president in terms of Article 49(2).
The discretion means: when it is said that something is to be done within the discretion of the president, that something is to be done by the president himself according to rules of reason, justice and law and to be exercised within the limit, to which an honest man, competent to discharge his office, ought to confine himself.
The discretionary powers as envisaged by Article 48(2) cannot be exercised by the one acting or officiating for the president under Article 49, and when the Constitution concedes a wide discretion to the president under Article 48(2), it also imposes on him a very heavy responsibility.
SYED IQBAL AHMED Barrister at Law,
Karachi
Military rule and democracy
This refers to the letter "Military rule and democracy" by Mr Liaquat Merchant (Dec 16). His points are all well taken and one must agree that bad democracy is better than no democracy at all.
Unfortunately, at present Pakistan has more of a dictatorship, with a pseudo-parliament of yes sayers. We have essentially reverted to the same phase in history that we went through with Ayub Khan and Ziaul Haq.
Both these rulers were hailed by certain sections of society as saviours of Pakistan but their rules ended in disaster for the country. Gen Musharraf may be no different.
Prolonged military rule, though time and again producing phenomenally poor results over the last few decades, have instilled in our military's psyche a sense of superiority over the civilian leadership.
Zia's views in this regard were discerned through public floggings and incarceration of political opponents. After him, generals Beg and Karamat, though sticking to the uniform, continued to dictate to the civvies.
In many political matters, particularly relating to Kashmir and Afghanistan, theirs was the last say. Given Pakistan's political atmosphere of easy military coups, their relative professionalism however must be admired.
President Musharraf's generals (or former ones) stage-manage all, from cricket teams to the National Assembly (often with poor results). Bills are bulldozed through parliament without debate, elections are rigged to get his nominees 95 per cent votes, national decisions are taken in the GHQ rather than through consensus and yet lip-service is punctually paid to 'real democracy' - all behind the veneer of an improved economy and the 'national interest'.
His failure to feel the seething resentment due to this state of affairs does not bode well for the future. The military has no place in civilian affairs. It is an institution subservient to democratically elected parliamentarians. Let it stick to its profession of defending the country's boundaries rather than infiltrating its political institutions.
MUBASHIR KHAN
Indianapolis, IN., USA
Hope for Palestinian state
"Bush sees role for Musharraf in Palestine," says the headline of a Dawn story (Dec 5). Has the US not already sought hundreds of opinions about Palestine from friendly Arab rulers in the last over 50 years? The fact is that such opinions were sought for continuing the useless peace process to keep the Palestinians expecting a solution and not for resolving the problem.
America vows to resolve the conflict whenever it needs the support of Arab countries to achieve its objectives in the Middle East, but it never keeps its word and plays with the sentiments of the Palestinians.
In 1991 when it wanted to use the Arab monarchies' strategic facilities for launching an attack on Iraq, Bush Sr falsely committed to solve the Palestinian problem after the war was over.
Didn't President George W. Bush say just before the US attack on Iraq last year that a Palestinian state would be established in 2005? Was not the commitment, again, a cover-up for the attack? Gen Musharraf's involvement in efforts for solution of the Palestinian problem is welcome. But we must not lose sight of the following:
- The UN Security Council and its General Assembly have so far passed 600 resolutions on Palestine (Dawn, April 26, 2002). This is already a Guinness-Book-of-World-Records case.
- The UN passed a single resolution in 1947 for the establishment of Israel. The resolution was promptly implemented and the state of Israel was created without discussing the importance of peace in the Middle East or seeking any counsel from any relevant quarters.
The Palestinians were completely ignored. History is witness to the fact that the US has so far loved to fail in the Middle East. Gen Musharraf is advised not to be part of any such scheme of things.
Z.A. KAZMI
Karachi
Two-nation theory
In the recent few months discussions on the two-nation theory have erupted like an epidemic. We find a debate on this old issue in newspapers and on television channels we watch the same exercise which has no practical value now.
Arguments from neither side can change the existing political geography. Partition is final and Pakistan is here to stay. Let others across the border cry over the division of a multi-national region and remain engaged in fruitless debate.
Charlatans, introduced as intellectuals by the media, feel shy of accepting the fact that we were and are a separate and different community. They are apologetic about the basis of a demand for a separate homeland but ignore the fact that the Indian National Congress had accepted the two-nation theory by agreeing to the division of British India.
It went one step further and demanded the division of two Muslim majority provinces on the basis of religion. Its leaders exposed themselves as patrons of only one community.
The nation does not want any armchair discussions on the issues of the past and wants to move forward. Much time has been wasted and now we need crash programmes to industrialize the country to enhance agricultural production, exploit natural resources and lift the people from ignorance and poverty.
We have to change the decadent social order and economic system based on exploitation of the weak. We have to achieve the goal of establishing an egalitarian society in which all men and women may have equal opportunities so that their talents may blossom.
MUKHTAR ALI NAQVI
Orlando, Fl., USA
Appeal to chief justice
I was a civil servant and retired in July 2003 after 37 years of service. I filed an appeal before the Federal Service Tribunal (FST) for promotion to grade 18 w.e.f. Sept 27, 1984, but it was dismissed.
I filed a civil appeal (246/1992) before the Supreme Court. In its judgment dated 29-5-1994 the apex court allowed my appeal and remanded it back to the FST to reconsider the matter in the light of observations made in the judgment.
The FST again dismissed the appeal and I had to file another civil appeal (1913/1996). This appeal was also allowed on Oct 1, 2001, by a bench of the apex court at Islamabad and the departmental authorities were directed to reconsider my case for promotion to BPS 18 within six months from that date.
This judgment was also not implemented by the government. I have filed a petition for contempt of the court, which has not yet been fixed for hearing. Before the FST and the Supreme Court, I had to appear in person since I could not afford to pay the fees of advocates.
In 2002 I had to engage an advocate to file a constitutional petition before the Sindh High Court (1727/2002) for implementation of the judgment of the apex court. In the high court, the deputy attorney general made a categorical statement that the respondents would implement the order passed by the Supreme Court and that the decision for my promotion to a higher scale (BPS 19) would be taken within a reasonable time.
In view of the statement of the DAG, the high court disposed of my constitution petition, directing the government to implement the judgment of Oct 1, 2001, passed by the Supreme Court in the appeal No. 1913/96 without any further delay.
The court further expected that the department would take all possible steps for redressing my grievances in terms of the judgment of the apex court. But the judgment has also not yet been implemented by the department. I pray for the implementation of the judgment.
SYED AFZAL AHMED HYDARI
Karachi
'Realtors' paradise'
Mr Amir Ayaz ("Realtors' paradise", Dec 10) writes that just a month ago while on a freebie trip to Sri Lanka, he asked Lt-Gen (retd) Sarabjeet Chahal whether he had a house given to him by the army.
Lt-Gen Chahal replied in the negative, saying that on his own he had bought a house in Gurgaon, South Delhi, for good measure adding that their housing policy was lousy. I wonder why Mr Amir did not ask him as to who were the allottees of the Indian defence forces services' developed land in and around the Gurgaon area.
The Air Force Naval Housing Board of India claims to have completed the following colonies in and around Gurgaon: Noida Phase I, 857 houses in 1985; Noida Phase II, 1,123 houses in 1990; Noida Phase III, 763 houses in 1993; Gurgaon (Sector 30), 640 houses in 1995; Noida Phase IV, 953 houses in 1995; Gurgaon Phase II (Sector 56), 750 houses in 2000; Gurgaon Phase III, 250 houses in 2002; and Greater Noida, 836 houses in 2003.
I am confident Mr Ayaz Amir's thought stream would flow in a different direction if he undertook some research before writing.
HUMAYUN ZAFAR
Toronto, Canada
(II)
I read Ayaz Amir's article "Realtor's paradise" (Dec 10) with great dismay. All over the country defence housing societies have grabbed land and engulfed prime land in big and small cities.
The Defence Housing Society in Lahore has a new "gift scheme" in which every army officer with 20 or more years of service will be "entitled" to a finished house at a nominal price even though in the open market the price tag for the same house is between five to seven million rupees.
It is disgraceful that so much money is being wasted on a group that has brought nothing but humiliation and embarrassment to this country where more than 40 per cent of people live in inhuman conditions, without proper education and basic social services.
I wish I could find an army on the planet that offers its own officers agriculture land, urban plots and finished houses at cut-rate prices. If we ever get hold of Dal Lake in occupied Kashmir, we would turn it into an Askari lake resort.
KHALID MAHMUD
Georgia, USA
UN resolution on religious harmony
It is great news that a Pakistan-initiated resolution on religious harmony has been adopted by the United Nations (Dawn, Dec 17). The Holy Quran is very eloquent on issues of living in a multi-faith, multi-cultural world; we must talk to people with beauty and politeness, we must call the people of the world to Allah's final way of life with wisdom and good tidings, well-argued persuasion and also to agree on common values (which are many).
I do hope that the UN will also adopt ways and means to promote religious harmony. The main hurdle is presented by the various unsettled issues of conflict. Without proper conflict resolution, a society cannot be peaceful. Resolutions without a proper implementation methodology will only remain a beautiful plaque on the UN statute book.
S. FAIYAZUDDIN AHMAD
Leicester, UK
Aids - the killer infection
World AIDS Day, which we have observed for 16 years, went by quietly this year as Ms Hilary Benn says in her warning: "Hearing the female voices" (Dawn, Dec 1). AIDS is a dangerous commodity.
It is traded between unsuspecting or ignorant boys and girls - the worst affected being girls who are already deprived of social status, education and medical help in the poor and under-developed countries of North Africa and Asia, which have been the worst affected.
AIDS kills about three million people each year, 60 per cent of them femalesand sometimes as high as 75 per cent in some places. The mortality rate may double or triple in the coming years.
Why has this killer infection reached its zenith so quickly? Ms Benn suggests we should ask: "How can the world overcome AIDS?" Perhaps nothing much is being done about it. If we continue to do nothing, we will have a major catastrophe on our hands.
S.M. KAZIM NAQVI
Karachi
Water meters
I am a regular tax-payer and every July I go to the Karachi Water and Sewerage Board (KWSB) office to collect my bill and pay it without waiting for it to be delivered to my house.
I regret that even though I have paid my bills the KWSB disconnected the water supply to my flat and others because of people who did not pay their taxes. The KWSB issues tax bills to each individual flat owner. According to this system, the KWSB is supposed to guarantee these tax-payers water regardless of supply methods.
It is not fair for the KWSB to tax individuals for bulk water supply. It supplies insufficient water for two to three hours on alternate days of the week. But it does not use meters to bill actual consumption, which differs from flat to flat. The KWSB must treat law-abiders and law-breakers differently. I request the governor to order KWSB to install meters.
HASAN ADIL MALIK
Karachi
Asif Zardari
Mr Asif Ali Zardari is jubilant among his party peers and workers, but he ought to know what image he has built in the eyes of the public over the years. Being behind bars or free is of little value to the masses unless he has learnt something in jail and is ready to discharge his obligations from the platform of a party that calls itself a people's party.
NADEEM NASIR
Rawalpindi
Religion column in passports
The Muttahida Majlis-i-Amal needs something better to do. They involve themselves in trivial matters. Look at the matter related to the deletion of the religion column from the passport. Since most Pakistanis are Muslims anyway, why would you want to list people's religion on their passports?
The MMA's primary reason for wanting the religion column back on the passport is that non-Muslims would be able to go to Makkah and Madinah. That's the most flawed reasons yet, since you need a visa to go to Makkah and Madinah, and to get a visa one needs to declare his/her religion.
Also, if that were the case, the Malaysians, Indonesians, Americans, Canadians and the British have the same problem as hypothetically non-Muslims from these countries will be able to go Makkah and Medinah as well.
Why don't the mullahs just focus on the betterment of the people? The deletion of the religion column from the NIC hasn't caused any problems so far. So this won't either.
Religion is a personal thing and I am glad that the government has finally realized that. A person's beliefs are his/her own. We need to make religion a personal matter again. We have to leave Zia's legacy behind.
FAWWAD SHAFI
Karachi
Islamiyat exam papers
I endorse Ms Sadaf Ijaz's letter (Nov 29) and would like to point out that the secondary and higher secondary education boards of Karachi, Sukkur and Hyderabad follow the same pattern of question papers on Islamiyat for Class IX.
They too require students to translate Suras into English or Urdu even though students do not know Arabic. What is more embarrassing is that this question paper forms 50 per cent of the entire question paper.
Would the educational provincial boards, as well as the federal board, come to the rescue of students appearing for the Class IX Islamiyat paper by formulating it on the O-Level examination paper pattern which asks candidates to comment on (and not translate) the Suras?
AYESHA SYED
Karachi
Faulty phone
My telephone (No. 6995391) of the New Karachi Exchange has been out of order for three weeks and, despite my repeated complaints on the phone and with the people at the helm of affairs, the fault has not been rectified.
When I talk to the area lineman, he puts the blame on the DE and the SDO concerned who cannot be contacted, as they are always busy in meetings.
RAUF HANIF
Karachi
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