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| July 4, 2005 | Monday | Jumadi-ul-Awwal 26, 1426 |
Hasba law gives more powers to ombudsman
PESHAWAR, July 3: The government has proposed to enhance powers of the provincial mohtasib (ombudsman) in the Hasba Bill and suggested exclusion of jurisdiction of law courts in any issue taken up by the mohtasib, sources told Dawn.
The present draft of the bill was finalised after making a major change in the earlier draft. Now it says that courts shall be barred from granting interim relief or issuing stay order in a matter pending before the mohtasib.
Although the provincial government claims that it has diluted the law to great extent the controversial sections of the bill, likely to be tabled in the provincial assembly during the next couple of days, have not been touched.
The bill, a copy of which is available with Dawn, reveals that the Mutahidda Majlis-i-Amal’s central leadership, Nifaz-e-Shariah Council and the legal committee, during recent consultations on the proposed law, barely touched those clauses of the bill which have been criticised by civil society groups and lawyers since 2003. These bodies have not addressed to the main objection on wide-ranging powers of the ombudsman to be appointed under the proposed Hasba law.
The provincial cabinet did take up the bill for approval on Friday but as it could not reach a final decision it would again meet on Monday.
Civil society groups, at various consultations and seminars on the proposed Hasba Act, had voiced concern over the powers of the Ombudsman. They were of the view that federal and provincial ombudsmen dealt only with complaints against government departments but under this law the NWFP ombudsman would deal directly with the rights of individuals.
About 27 ‘special’ powers relating to public and private life of individuals have been given to the ombudsman. The mohtasib will have powers to monitor adherence to moral values of Islam at public places, discourage extravagance particularly in marriages and other family functions, see that Islamic Code is followed in dowry, discourage beggary, monitor adherence to Islamic values and its respect and regard at the times of ‘Iftar’ and ‘taravi’, discourage entertainment shows and business transactions at the time of Eid or Jummah prayers, deal with those who are found disobedient to their parents, eliminate bribery from government departments, discourage un-Islamic social values and to check tendency of indecent behaviour at the public places.
Interestingly, no where it is mentioned as to who will try accused of these offences and what would be penalties for those found guilty.
The bill does not say anything as to how Hasba institution would ‘enable the Muslims to order their lives individually and collectively in accordance with the Holy Quran and the Sunnah’, promote maintenance of Islamic moral standards and set up an organisation ‘Nahi-anil-munkar’ for making the teaching of Islam known to the people.
In the previous draft it was proposed that the provincial Mohtasib would be appointed by the NWFP governor ‘in consultation with’ the chief minister. However it has now been proposed that the Mohtasib should be appointed by the governor ‘on the advice of’ the chief minister. An advice of chief minister is binding on the governor under the constitution.
The right of appeal is given to the individuals in cases regarding violation of orders of the Mohtasib in the proposed law.
As civil society groups had criticised the ‘Hasba force’, its name has been changed to Hasba Police in the new draft. Besides a few changes in definition have been proposed and the procedure for appointment and removal of provincial, district and tehsil ombudsmen have been explained.
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