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DAWN - the Internet Edition


July 19, 2006 Wednesday Jumadi-ul-Sani 22, 1427

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Letters







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Streamlining rental laws
Kasuri’s reaction to Mumbai blasts
CJ’s warning to police
City Council & power shortage
Cellphone snatching
Correcting facts
Inacessibility of Satora valley
Israeli operations
Bhutto’s prophesy
Suo motu bench
PIA Fokker’s crash
Fielding coach



Streamlining rental laws


THIS has reference to the letters of Mr Ghulam Muhammad (July 10) and Mr S.M.H. Rizvi (July 17). A lease/rent agreement that is signed between the landlord and the tenant is normally signed for 11 months, unless the two parties sign a longer-term lease/rent agreement, in which case it becomes the responsibility of the landlord/tenant to register the agreement with the area registrar by affixing the required stamp duty and payment of registration charges to the area registrar.

In most cases what normally happens is that the landlord asks the tenant to vacate the premises after the expiry of the first 11 months of the lease period, to rent out the same property to some other tenant, on a much inflated rent that is assessed by the area estate agent.

Also, in each lease/rent agreement, the landlord binds the tenant to pay annual inflation in the monthly rent when the lease/rent agreement is renewed.

For a number of reasons it becomes difficult for the tenant to move to another premise within the 11- month period and at that stage the problem starts between the landlord and the tenant.

If the matter is solved amicably, it is fine. Otherwise, either the landlord goes to court to eject the tenant or the tenant goes to court to take stay orders against his possible ejection. In a number of cases the landlord asks the tenant to vacate his premises without telling him that that he wants to sell his property, thus depriving the tenant of his ‘first right of refusal’. Generally the landlord takes the plea in the court of law that he wants the property back from the tenant for his personal use.

When the tenant vacates the premises either on the owner’s persuasion or on the asking of the court, in most of the cases the landlord sells his property in the open market on a much inflated price in order to get the maximum material gain. The apprehension of Mr S.M.H. Rizvi that “property owners are losing their rights on properties after giving them on rent” is not true, as until tenants are fulfilling all the obligations of the lease/rent agreement signed between the parties, property owners will remain property owners and the landlords will keep on earning rent from the tenants.

The issue that “after the death of the owners the tenants refuse to vacate the property, which becomes a major hurdle in the distribution of property to the legal successors”, does not arise as distribution of property to the legal successors can also be made by selling the same property to the sitting tenant. The landlord must not corner the tenant who is a permanent source of earning for the former.

Again, a district nazim cannot be an alternative to a judge. Therefore, all matters relating to the landlord-tenant cases should be heard by a judge.

Before amending any rental laws in favour of the landlord, the Pakistan Law Commission should consider the fact that there are millions of tenants who are providing shelter to their families and, so, the sanctity of the tenants should not be jeopardised.

The need of the hour is that the government should ask banks to offer housing loans at ‘zero per cent mark-up on a long-term basis (as is the practice in most countries) to such tenants as are able to return the amount borrowed from banks, so that tenants should also be able to buy a house or an apartment, rather than be treated as a burden by landlords.

SYED A. MATEEN
Karachi

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Kasuri’s reaction to Mumbai blasts


THIS is with reference to Brig (retd) A.R.Siddiqui’s letter (July 16) regarding Foreign Minister Khurshid M. Kasuri’s statement in Washington, DC, on the Mumbai blasts. I read the whole transcript of the interview given by our foreign minister. Not only was the interview cogent, logical and statesman-like, I think it had two central themes, i.e., condemnation of the Mumbai tragedy and, secondly, espousal of resolution of disputes between the two countries. But nowhere did he link the two together.

His calling the Mumbai blasts ‘undoubtedly very tragic’, was in response to a particular question, and his advice to the two countries to “resolve outstanding issues, particularly the core issue of Kashmir”, was in response to a different question. The issue was clarified umpteenth times by Mr Kasuri in his addresses to various think tanks in the US, including the World Affairs Council in Los Angeles, where he ‘unequivocally’ condemned the tragedy.

Dawn New Delhi correspondent Javed Naqvi’s report on July 13 clearly mentioned that the Indian news agencies picked up selective pieces of Mr Kasuri’s interview and distorted it, omitting his references to the tragedy in Mumbai. He said: “The Indian spokesman was evidently more confident of his own insights into what was said by the foreign minister.” Other mainstream Pakistani English newspaper editorials also praised the foreign minister’s comments and were critical of the wrong interpretation given to them by the Indian spokesman and the media.

The fact of the matter is that the Indian officialdom needs a scapegoat. Within the first few hours of the tragedy, they were pointing fingers at the Lashkar and other Pakistan outfits more as a knee-jerk reaction than any investigative results. Even when all earlier indicators suggest an ‘indigenous’ Indian hand in the tragedy, they are loathe to admit the presence of domestic terrorist organisations bred out of religious intolerance and the growing socio-economic disparities which cannot be hidden behind the veneer of ‘India Shining.’ The condition of Muslims in India is worse than those of scheduled castes there. SIMI or the Students Islamic Movement of India is breeding on this rage.

I am surprised that a political commentator as seasoned as Brig A.R.Siddiqui would fall into the Indian spin trap. It is no secret that Mr Kasuri is a die-hard proponent of peace with India. The Indian official establishment, however, needed an excuse. They would have found one, with or without the foreign minister’s statement. At least our political commentators should not fall into their trap. And we should also stop being apologetic about the need for a just settlement of Pakistan-India disputes. Brig Siddiqui will be surprised to know the Economist’s lead story in the issue following the bombing, “India’s horror – the attacks in Mumbai show why India and Pakistan must solve the problem of Kashmir”.

MUHAMMAD IMRAN
Rawalpindi

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CJ’s warning to police


A SECTION of the press reported (July 8) that the chief justice of Pakistan called the Punjab police chief in the court and asked him if he was satisfied with the performance of his law-keepers. Citing the mounting crime statistics, the chief justice sounded a clear warning to the police to control crime or get ready for accountability under court orders. For a moment I was taken aback by this forthrightness and couldn’t believe what I had read considering that it is business as usual and nobody who matters is ever held accountable in our country. However, the chief justice has to his credit a string of decisions which are bold and for the good of the people. As an ordinary tax-paying citizen, my whole-hearted support for the CJ in his efforts for justice without which no nation can survive, leave alone make any progress.

JAVED KHAN
Haripur Hazara

(II)


THIS is with reference to your editorial ‘Punjab crime wave’ (July 8), thanking the chief justice of Pakistan for taking suo motu action on the dismal law and order situation in Punjab. The CJ not only summoned the IGP but also warned the police officers that if they did not improve their performance, then they should be ready for early retirement under court orders.

In Pakistan the crime rate cannot be checked as long as the criminals and the police remain hand in glove. It is good that the CJ took to task the police officers, but the question is who will reform the reformer? Denial of justice to the poor, the inordinate delays in the disposal of pending cases and the rampant corruption speak volumes of the pathetic state of our judicial system. The other day Imran Khan, the chief of Pakistan Tehrik-i-Insaf, stated that our society can be purged of its ills should our judiciary and police be cleansed from the unscrupulous elements.

So, there is no doubt that the people have genuine grievances against their police but the working of our judiciary is no exception either.

TAJAMUL BUKHARI
Lahore

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City Council & power shortage


YOUR esteemed newspaper’s Metropolitan section of July 5 had two related news-items on the front page: ‘City Council in emergency session on power issues’ and ‘SHC issues notices to KESC, KBCA’.

The second news-item, about a public interest case that was filed in the SHC, stated: “The Association for Rights of Karachiites also held the Karachi Building Control Authority equally responsible for power breakdowns in Karachi as it illegally granted conversion of residential plots for commercial purposes after which several electricity connections were given by the KESC in the said commercial plots on single unit.”

Surprisingly, it was this same City Council that, in 2003 and again in subsequent years, declared over 30 major roads in Karachi ‘commercial’. In a short-sighted, arbitrary (and greedy) move, the City Council converted thousands of ground+one residential units to mammoth multi-storeyed commercial units. This was done without making technical studies of the affected areas, and without providing the enhanced infrastructure the required electricity, water, sewerage, roads, etc.

The SHC should consider adding the City Council and the Master Plan Group of Offices (MPGO) of the CDGK to the list of defendants.

MRS AMBER ALIBHAI
General Secretary, Shehri,
Karachi

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Cellphone snatching


  This refers to Sqn Ldr (retd) S. Ausaf Husain’s letter “Cellphone snatching” (June 27).   Why should the people take all the necessary steps for maintaining law and order? Is it not the responsibility of the state to provide protection to its people? Why is the telecommunications department not issuing necessary instructions to the manufacturers and distributors of cellphones to improve their security systems?

For curtailing the theft of the cellphone sets the manufacturing companies can play a vital role. Cellphone manufacturers are required to sell cellphones to customers on provision of proper documents, i.e., NIC or passport, as cellular companies are issuing their SIMs. Companies should also maintain a proper record of their customers.

On snatching of cell phone the victims should immediately call the representatives of the cellphone companies by confirming their bio data, and then the company should immediately stop the services on the cellphone. The snatched cellphone can be made completely dead through their software system. The customers may be reissued a new instrument in place of the previous one on submission of NIC and receipt of a reasonable payment.  

HUSSAIN DINO THEBO
Karachi

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Correcting facts


THIS refers to Mr Kuldip Nayar’s article ‘Mixing religion with politics’ (July 8). The writer says the Sikh community is is only 1,600 years old. I believe it is a printing error as the Sikh religion is hardly 500 years old. It was founded by Guru Nanak in the 16th century, according to history books.

The writer further says they (Sikhs) are only six million, which is not correct. Sikhs are not less than two per cent of the Indian population of one billion. Their number, therefore, should be around 20 million.

R.R. ALVI
Lahore

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Inacessibility of Satora valley


THIS has reference to Dr Noman Ahmed’s letter ‘Inacessibility of Satora valley’ (July 14). I fully endorse the viewpoint of Dr Noman Ahmed. The Satora valley is one of the remotest areas of Hazara division.

Besides the deplorable condition of the road network, the valley is devoid of other basic amenities of life such as health, education and clean drinking water. Health facilities in the whole of the valley are non-existent.

A Basic Health Unit established at Satora is a shambles. For years no doctor has come to this BHU. Millions of rupees spent on the construction of this BHU have been wasted. People perforce have to visit hospitals at Havelian and Abbottabad by paying unbearable cost of transportation.

Those who cannot afford, including the majority, are left to die in situ. Education facilities, particularly for girls, is almost non-existent, thus negating the government’s highly publicised claims of gender equality. There are only three to four functional primary schools for girls in the whole of the valley. As a result, a majority of the girls perforce have to sit at home after primary education till they attain a marriageable age, thus hardly contributing towards the uplift of society.

With the effort of Bradrie Foundation, a local NGO, and assistance provided by the education department, Abbottabad, probably for the first time in the history of the valley an examination centre for girls (Classes IX and X) was established at Satura this year.

Girls preparing at home and of a local private school undertook the examination and the results showed 98 per cent girls had passed. This clearly speaks of the interest the girls in the area are taking in education. For boys there is only one high school at Satora. This school can only benefit the boys of Satora as other villages being far-off in terms of time and distances cannot use this facility.

During one of the medical camps of Bradrie Foundation, while attending an aged patient the visiting doctor praised the mountainous beauty of the area. “Take these mountains with you and give me my basic rights to live” was the curt reply by this patient

Lack of basic facilities, particularly the road network, has forced the people to quit the area and settle in cities. People even cannot afford to bury their loved ones back in their ancestral graveyards due to inaccessibility and exorbitant cost of transportation.

Through your esteemed columns, a request is made to those who matter to look into the plight of the Satora valley.

BRIG (r) KHURSHID AHMAD
Rawalpindi

Top



Israeli operations


LEADERS of the G8 called for “an end to Israeli military operations” in the Middle East and demanded that the ‘extremists’ stop shelling Israeli territory. (Dawn, July 17).

The question is who are the extremists: the ones attacking Lebanon or the ones that are defending it? Again, we see the great powers’ double standards. Along with requesting (not telling) Israel to stop its offensive, they have asked Hezbollah to stop its defensive tactics by calling them extremists.

HASHIM ABBASI
Karachi

(II)


AMIDST all the biased media coverage of the Israel-Lebanon conflict, the most shocking thing is that Israel has based its offensive on the ‘illegal’ abduction of its two soldiers.

However, a popular western journalist has just confirmed that the two soldiers were abducted inside the Lebanese territory. It is Lebanon and its people’s sovereign right to arrest those who violated the border. Thus the Israeli offensive is in utter violation of international laws. But for the Americans, Israel’s attack is an act of self-defence.

SHOAIB BHATTI
Karachi

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Bhutto’s prophesy


A DISCUSSION on the idea of devising a new constitution has been going on in the print media for some time. In the latest one, ‘MQM chief’s demand’ (July 13), Mr Aslam Pervaiz Abro while discussing significance of this vital document has rightly concluded that when federating units are not at wavelength even on issues such as the NFC award and water distribution formulas, how can they negotiate and create another constitution, a Herculean undertaking?

Was it not prophesied by the late Z.A. Bhutto in his last book, If I am Assassinated, that if he is eliminated from the scene, the country will face severe constitutional crises?

MANSOOR UL HAQ SOLANGI
Karachi

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Suo motu bench


PLEASED with the recent historic verdict as regards privatisation of the Pakistan Steel Mills, I would suggest to the chief justice of Pakistan to form a suo motu bench on a permanent basis to take up extraordinary cases for setting a precedent and exerting pressure on the executive and subordinate courts to become more efficient, vigilant and fair in their day-to-day bona fide business.

ZIA UR REHMAN
Karachi

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PIA Fokker’s crash


THE PIA Fokker’s crash near Multan the other day is very heart-rending, as it claimed 45 valuable lives, who were all professionals in their field, including the dutiful flight crew.

It is, however, beyond one’s comprehension why PIA was flying Fokkers, when all the world has abandoned them, with repairs and when their spare parts are also not available now? Let us hope that the inquiry instituted by the government brings out the real cause of the ill-fated crash in the interest of infusing more efficiency and safety-measure in PIA flights.

The unfortunate crash also took away from us Mr Islam Gill, director, Central Cotton Institute, Multan, which belonged to the Pakistan Central Cotton Committee (FCCC). The late Islam Gill was one of the most devoted cotton agronomists with a very wide scientific vision. His contribution to cotton agronomy and the qualities of head and heart will keep his name alive for a long time.

His untimely death is not only a deep personal loss to his family like all the other victims’ families, but the PCCC has virtually lost a scientist of deep insight and hold on cotton research. Let the PCCC consider makikng a posthumous award to the bereaved family in recognition of his laudable services to cotton research, who had untimely and unnatural end in the crash.

M. SHAFIQUE AHMED
Karachi

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Fielding coach


Mohammad Kazim has questioned the appointment of a fielding coach (letter, July 17) for the Pakistan cricket team. His question takes on even greater significance in the wake of Pakistan’s pathetic fielding performance during the first Test against England. I cannot remember a Test where Pakistan’s fielding was worse.  

TARIQ RAZA
Jubail, Saudi Arabia

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