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| July 29, 2005 | Friday | Jumadi-us-Sani 21, 1426 |
Hasba law may cripple judiciary, seminar told
PESHAWAR, July 28: Speakers at a seminar on Thursday said that the Hasba Bill would bring a parallel judicial system, which might paralyze the current system in the province.
The seminar was organized by the All Women Advancement and Resource Development, a non-government organization, at the press club.
Parliamentary leader of the Pakistan Muslim League (Nawaz) in the NWFP Assembly, Anwar Kamal Marwat, said the Muttahida Majlis-i-Amal wanted to take benefit form the move in the local body elections. He said the chief minister had invited the opposition parties to discuss the bill in the past but failed to convince them on the issue. He said the opposition had not opposed the passage of the Shariat Bill but the government could not make any progress on it.
Speaking on the role of the NWFP legislature, Barrister Bacha said the provincial assembly was free to exercise its right of legislation.
He the presidential reference was a blow to the independence of the provincial assembly.
He requested the Supreme Court to send the reference against the bill back as the governor had not yet signed it. He said opposition to the bill by the federation was tantamount to interference in the affairs of a sovereign assembly.
He asked how many times in the past had the Supreme Court taken suo motu notice against the military generals who had abrogated constitutions and destroyed the democratic institutions on one pretext or the other.
He said he would oppose the law if it overlapped the existing criminal laws in the country.
Lawyer and human rights activist Qazi Mohammad Anwar said the bill would usher in a parallel system in violation of Article 14 of the Constitution, which guaranteed privacy and dignity of the citizens.
“No person can interfere in the private life a citizen, but under various clauses of the Hisba law, a Mohtasib may not only interfere in but also disturb the domestic life of citizens,” he said.
The presidential reference was aimed at providing a political boost to the MMA and save its image, he alleged.
He said the law was an effort to provide jobs to some unemployed clerics, who were natural allies of the rulers. “The promotion of virtues and prevention of vices is based on moral authority and not on criminal procedure,” he said.
He said the government was trying to hoodwink the citizens in the name of Hisba law, which, they themselves were aware was not a panacea to vices afflicting the society.
MPA Dr Saleem Khan also spoke.
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