| September 30, 2005 | Friday | Sha'aban 25, 1426 |
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Presidential form of govt
Attack on academic freedom
Infrastructural weaknesses
‘Is this parliamentary democracy?’
Pensioner’s plea
‘Questions for Youhana’
Road to Chitral
Cattle pens in Shikarpur
Class IX exams
Complaints against banks
Complaint to DHA
Inzamam in World XI
Loadshedding
THIS refers to your editorial, “Accountability of judges” (Sept 27), in response to deliberations made by the Supreme Judicial Council on a code of conduct for judges. I wish you had also informed readers of the best judicial practices being followed in all advanced countries.
I would particularly refer to the Bangalore Principles of Judicial Conduct, 2002, a document prepared by the UN; the United Nations Basic Principles on the Independence of the Judiciary, endorsed by the UN General Assembly, 1985; The Beijing Statement of Principles of the Independence of the Judiciary in the Lawasia Region, adopted by the sixth conference of chief justices, August 1997; the Latimer House Guidelines “American Judicial Code of Conduct; the Australian Judicial Code of Conduct and the Canadian Judicial Code of Conduct.
From a bare perusal of these documents of high credibility, the most important common understanding about a judge’s non-judicial activities all around the world can be summarized in the words: A judge may write, lecture, teach, and speak on non-legal subjects, and engage in the arts, sports, and other social and recreational activities, if such avocational activities do not detract from the dignity of the judge’s office or interfere wih the performance of the judge’s judicial duties.
Of course, there are exceptions to every law or rule and, therefore, judicial conduct cannot be free from checks and balances. But we must bring ourselves up to international standards so that our judiciary may be called a competitive judiciary in the comity of nations.
To say that “cutting tapes at the inauguration of schools or hospitals and making formal speeches are hardly a judge’s function” is not a correct understanding of judicial conduct. Judges in most countries are encouraged to participate in civic and social activities that are not in clash with their judicial duties.
Hopefully, the new code of judicial conduct will conform to international standards that will help our judiciary (higher courts and trial courts) to become more independent and more vibrant. The documents mentioned above are available on the Internet.
MUHAMMAD AMIR MUNIR
Gujrat
ACCORDING to Senator S. M. Zafar (Dawn, Sept 19), the nation has already reached a consensus on the parliamentary system of government and there is no need to talk about the presidential form. He argues that the nation experimented with the presidential system during the days of Ayub Khan and failed.
Why Ayub’s government failed to meet the people’s aspirations, Mr Zafar would certainly know better as he was his minister. But what we have seen is that whenever we had a presidential system of government, it stayed there for many years. Whenever we had a parliamentary system, not once could a government complete its term.
What we have seen is that the president as head of state wants to run affairs according to his wishes, while the prime minister as head of government would like to rule the country according to his plans. This system works if one of them is spineless. At present, though we have a parliamentary system, the president is functioning practically as head of government as well as C-in-C. This is why Pakistan is neither democratic nor non-democratic; it is neither parliamentary nor presidential.
Whenever an election is held, almost everyone alleges rigging, but once elected everyone sets his eyes on some lucrative assignment, making it difficult to develop a mutually acceptable consensus on issues. To establish effective governance, we have to go for a system like that of the US.
The government comprises the most competent persons picked out from all over the country who are specialists in their own fields of activity. No member of the government, therefore, has any constituency to pamper and voters do not become parasites, whom he is obliged to satisfy, through means legitimate or otherwise, and meet parochial, ethnic, “biradari” or family considerations. Sooner or later, we shall have to revert to presidential form (khilafat, if the anyone may like to call it that), tailored to fit present times.
MUHAMMAD IQBAL BRULA
Karachi
ON Sept 22 the vice-chancellor of Sindh University, Jamshoro, was reported to have decided to charge two teachers, Prof Mehtab Shah and Ms Amar Sindhu, for “misconduct”. Strangely, the “misconduct” is expressing dissent against the four-year programme. This is an attack on academic freedom of university teachers. The fact is that making changes to curriculum and the degree structure is a function of the statutory bodies of a university under the University Act 1974 and it is through this act and not the directives of the HEC that universities should be governed.
However, since its creation the HEC has been imposing its decisions on universities arbitrarily whereby it threatens to stop grants for varsities not following its directives. Teachers are members of statutory bodies such as the board of faculty, academic council and syndicate. The VC of Sindh University seems to ignore the academic freedom of teachers in the 1974 act.
Amar Sindhu and Prof Mehtab Shah, through their writings in the press, have challenged the utility of the four-year programme. In Sindh 53 per cent people live below the poverty line and it is a fact that most students cannot afford even one year’s fee. The decision to extend to four years the bachelor’s degree course is being implemented because the HEC and its backers, such as the World Bank, want syllabus, fee structure and course duration to match that of universities in the US.
If bringing to public notice that which is against the public interest is “misconduct”, then what are academics for if not to dissent and disagree? The problem is that a majority of our universities are governed by retired military personnel or bureaucrats. If there such VCs and the HEC are allowed to impose such policies, the spirit of inquiry will disappear from our universities.
DR RIAZ AHMED and DR ZAHOOR BABER
University of Karachi,
Karachi
OUR financial managers continue living in a make-belief world and wish to carry the nation along with them.
We do not have a dependable power or water supply system. The infrastructure necessary for development is getting dilapidated every day. There is a very unreliable transport system for labour and the much-talked-about mass transit systems planned and re-planned several times have not as yet taken shape.
We talk of indicators such as more mobile phone sales and the manufacture of a record number of motorbikes as signs of a take-off without considering various underlying factors. There is a talk of foreign investment, a major part of which is in the automobile sector, without accounting for 100 per cent payments by buyers for six to eight months in advance.
The stringent system through which a foreign investor as well as a Pakistani living abroad and desirous of investing in his country has to go through finally leads him to frustration. Besides, the lands earmarked for setting up industries and sold at nominal rates continue changing hands through estate brokers for profit. Thus their prices finally become unaffordable. Security is another sore issue as an insecure nation cannot plan for a sustainable future.
Our population is increasing faster than our resources and no concrete steps acceptable to all sections of society are being taken. Hence unless the financial managers take cognizance of these issues and make efforts to address them in a planned and realistic manner, I am afraid this dream of becoming an Asian tiger will remain a farce.
MUSHTAQ AHMED QURESHI
Karachi
THIS refers to your editorial “Is this parliamentary democracy?” (Sept 22). In answer, an emerging bottomline is: “This is neither a parliamentary nor a presidential democracy”. It is absolute autocratic rule.
But you left a pertinent question unanswered, which is: “Is this a benevolent dispensation — good governance?” The answer is “No”.
Gen Musharraf seized power in a coup, got himself elected as president in a questionable referendum, then contrived to set up a political party composed of turncoats, sycophants, opportunists and the like. Some of them were alleged to be loan defaulters.
He then achieved a majority in the National Assembly by taking in the MQM — a party remote-controlled from London.
All the national institutions — legislative, executive and the judiciary — are malfunctioning. Corruption has been institutionalized. There are killings, rapes, loot and plunder all around. There is no law and order. The general is not likely to step down voluntarily. He would like to stay in power for as long as possible.
ABDUL SAMAD KHAN
Karachi
IN response to the letter written by Mr Ziaur Rehman Naqi (Sept 8), I would like to add that the needs of a pensioner do not ‘retire’ with the retirement of the individual. On the contrary, these go on increasing, as briefly narrated by Mr Ziaur Rehman. Daughters’ marriages, medical expenses, sons unable to find jobs in the current scenario — all these factors should be taken into account.
I am diabetic. A laboratory test that cost Rs110 is now Rs140. On my asking the reason for the increase, I was told by the laboratory concerned that there was a 10 per cent increase in charges every year. But, Sir, there is no increase in pensions with the same regularity.
LALA FAZAL BELAEE
Hyderabad
SOME correspondents seem to be putting psychological pressure on our cricketer Muhammad Yousuf Youhana after his conversion to Islam, by suggesting it was a result of undue influence by his team-mates or that he has let downthe Christian community, which is uncalled for.
Thus, Mr Stephen (Sept 23) has said that Youhana’s “action has left 10 million Pakistani Christians quite speechless”. Also, that his prominence had made him an ambassador for the Christian community but, by his conversion “he has played with our sentiments.” These are strange arguments. The gentleman is probably not aware that Islam is the fastest-growing religion even in the West. Many eminent men and women in the US and Europe, besides millions of others less known, have embraced it. These include intellectuals, academics, writers, priests, diplomats, physicians, lawyers, engineers, showbiz and media persons, sportspeople and so on. A great-grandson of a former American president and a granddaughter of an erstwhile British prime minister are amongst them. Nobody had put a gun to their heads to force them to change theirs beliefs, which they did after studying all the major religions and ideologies.
When former pop singer Cat Stevens became a Muslim and took on the name Yousuf Islam, the numerous Christians among his fans worldwide, including in countries where they are in a minority, did not accuse him of hurting their sentiments. Interestingly, at least two Italian ambassadors posted to Saudi Arabia at different times had converted to Islam, without any hue and cry in the Vatican or Italy.
Islam has been attracting people from all over the world. The famous Japanese wrestler Antonio Inoki, who once had an unusual bout with the boxer Muhammad Ali (another convert), also became a Muslim. That happened after he had stayed with and observed the way of life of the well-known family of Bholu brothers in Pakistan while he was here for wrestling matches with them, after which he went on to become a member of the Diet (the Japanese lower house). Many local Hindus and Christians have accepted Islam over the years.
Some Muslim members of the Pakistan cricket team have grown beards and taken to “tabligh” (missionary work), as has the popular singer Junaid Jamshed. These are common occurrences worldwide and it shouldn’t be a surprise that the truth of Islam has stirred the heart of Mr Youhana as well. There should be no need for anyone to insinuate that his colleagues pressured him. He should be left alone, as a free man, to follow his beliefs.
M. MUSLIM
Karachi
I WISH to bring to the notice of the authorities the alarming condition of the Timergara-Akhagram Road.
Four years ago the National Highway Authority awarded a contract for construction of the Dir-Chitral road to a company. In the initial stage, a 25-kilometre road from Timergara to Akhagram was to be built. But the already existing road has practically been destroyed. The 25km stretch cannot be covered even in two hours due to the bad condition of the road. Many deaths have occurred because seriously sick or injured people could not be taken to hospital in time. Tourism has also been badly affected.
The construction of such an important road should not be made a political issue. It is the need of all people.
I request the president and the prime minister, as well as the NHA, to order construction work on the road to begin without any further delay.
ATTAUR REHMAN
Akhagram, Dir
A NUMBER of cattle pens have cropped up in Shikarpur city. Some of these are functioning in densely populated areas and are a cause of great nuisance and constitute a health hazard.
One such cattle pen exists in a thickly-populated locality called Acharji Mohalla. Some 50 to 60 buffaloes are kept in this pen. Their dung and dirt are washed down mohalla drains twice a day.
The narrow streets of the area remain strewn with animal excretion and this excretion keep on accumulating till such time as it dries in the sun.
Buffaloes are escorted to water-courses in the morning. One can visualize the sufferings of schoolgoing children on the narrow streets and lanes in the midst of these animals. At least four primary, secondary schools and a college exist in the neighbourhood.
Although the Shikarpur taluka council and the district government have passed resolutions for removal/shifting of cattle pens from city areas, these have yet to be acted upon.
QAMERUDDIN SOOMRO
Shikarpur
I WOULD like to draw your attention to the recent announcement regarding the new examination system adopted for Class IX from this year onward.
Students will complete their courses this year but no examination will be held in 2006 and they will start Class X courses and the final examinations will be held in 2007 for both the classes.
I would like to suggest the adoption of a semester system for Classes IX and X as this will help students to get the best out of their courses.
ANWAR JAWAID KHAN
Karachi
I HAVE read with interest Mr Nazim F. Haji’s letter (Sept 19). Releasing ads to the print media is one of the modes we are employing to increase the level of public awareness about the role of the banking mohtasib institution. Besides this, we have issued brochures, complaint forms and FAQ leaflets, with the latter containing relevant information in English as well as in Urdu. Complaint forms and FAQ leaflets are available at all bank branches in Pakistan.
Additionally, a very useful tool aiding our awareness campaign is to be found in the mounted posters (22”x16”) titled “Banking Mohtasib & You” supplied by us to scheduled commercial banks for permanent display at all bank branches across the country. These provide information, in Urdu and English, to anyone entering the banking hall/customer area of a bank anywhere in Pakistan.
For detailed information, the public may visit our website www.bankingmohtasib.gov.pk which includes detailed information on ombudsman schemes globally and on the banking mohtasib, Pakistan. The website also includes a downloadable complaint form. By way of information, we commenced operations on May 2 and have already received in excess of 500 complaints and whilst some have been found to be frivolous or out of our jurisdiction, almost 75 per cent of the genuine complaints received by us have been resolved satisfactorily and amicably.
AZHAR HAMID
Banking Mohtasib,
Pakistan Karachi
THE management of Karachi’s Defence Housing Authority has failed to meet the water requirement of its residents and look after the area’s sewerage and drainage system.
As a resident of 36 BII Khyaban-i-Behria, Phase VII, I have made more than a dozen visits to the DHA office and met officials about the overflowing gutters and frequent bursts of water pipeline where I live, but to no avail.
The other day when the water line once again burst and a complaint was lodged, as usual a labourer came, dug up the area and left without plugging the leak.
I will request the higher DHA officials to look into the matter.
REHAN SIDDIQUI
Karachi
A LOT is being said to suggest that Inzamamul Haq should have been selected for the World XI cricket team. We seem to forget that he is not the best of runners and has the distinction of being run out 37 times. He has been responsible for running out others 31 times and has back problems.
As captain he was unable to handle Shoaib Akhtar and consequently Shoaib was not selected for the West Indies tour.
PROF. MOHAMMED Rafi
Karachi
LOADSHEDDING continues despite the announcement made recently by the power minister to provide electricity to everyone by 2007.
As in other areas of Karachi, the residents of Soldier Bazaar suffer in silence as there’s no one to listen to their complaints.
The power minister’s statement mismatches the services provided by the KESC.
ASHFAQ SHARIF
Karachi
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