| March 06, 2007 | Tuesday | Safar 16, 1428 |
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US consulate
Quaid’s key speech
Effectiveness of boiling water
Our foreign policy
What is Pakistan’s dilemma?
Damaged traffic signal
Old is gold
UAE visa
‘Dewey beats Truman’
PIA clarifies
Readers are requested to restrict their comments to a maximum of 400 words. We reserve the right to edit letters for reasons of clarity and space. Letters, including those by e-mail, should carry the complete postal address of the sender. The views expressed in these columns do not necessarily reflect the views of the newspaper.—Editor
MR Osama Mustafa claims in his letter (Feb 28) that 138 members are not ‘few’ and that they were elected by ‘pure adult franchise’. ‘Few’ was used in its comparative sense — 138 members of the 300-member assembly elected in 1970 are still less than half, not even a simple majority and this was the cumulative strength of all the political parties in West Pakistan.
Adult franchise is not a password for constitution-making. Even members elected through adult franchise have to abide by the requirement of right numbers in a democracy.
Had the constituent assembly of 300 members elected in 1970 through adult franchise (which included 138 members from West Pakistan) been promulgated, they would have been qualified to make the constitution of Pakistan. That would have been the legal and legitimate constitution. Any other constitution made in the absence of 162 members of the 300-member 1970 assembly, by any permutation of the leftover minority, cannot be legitimate.
Mr Mustafa refers to the Indian Constitution made by the Congress on the basis of a restricted franchise in 1946. On partition, India had more than 70 per cent of the population and a proportionate number of assembly members. Of course, they were justified in making their constitution. They had the mandate and the required majority. The legitimacy of this constitution was further sealed by a subsequent general election based on adult franchise.
On the other hand, if the 30 per cent minority (Pakistan) that broke away from India tried to make the constitution of India, they would be out of order. We did exactly that after 1971 when the 138-member minority assumed the role of constitution-making on the basis of an election held in 1970 with the majority 162 members of the 300-member assembly missing. A fresh election and mandate was the call of the day,
We cannot ignore the fact that the elections in 1970 were held mainly on the issue of injustices to East Pakistan and Mujibur Rahman’s six points which he won hands down with almost all the seats (162) from East Pakistan. That election was in reality held in another country which had a different geography, two national languages, more than twice the population and a completely different polity.
Mr Mustafa says that the 1973 Constitution still breathes. The 1973 Constitution breathes with lungs grafted by the ‘surgeon-general’, Ziaul Haq, and a parliament voted in on the basis of non-party elections. The Hudood laws, the Blasphemy laws and all other religion-based laws were manoeuvered to a permanent place in this breathing Constitution. How would these laws reconcile with the inclusion of the Quaid-i-Azam’s speech of Aug 11, 1947 “… religion shall have nothing to do with the business of state …”.
Mr Mustafa concedes that the Quaid’s speech of Aug 11, 1947 should become part of the Constitution (Mr Bhandara’s proposed amendment). This would have to be added to the original document which no doubt was deftly produced in 1973 by well-meaning and able, leftover members of a defunct parliament elected in 1970.
Otherwise, all the religion-based and religiously-biased laws, which are now part and parcel of our present Constitution, would definitely come in the way. Needless to say that this would be a monumental task: our clergy and ‘alims’ are bound to oppose it tooth and nail. Good luck to Mr Bhandara.
CAPT. S. AFAQ RIZVI
Karachi
A FEW weeks back I had to meet someone in a well-known hotel near the US consulate in Karachi. This time, I was constrained to go there by a taxi, after many years. The surprising thing was that the traffic police did not allow the cab to proceed in the direction where these places are located and I had to get down at the crossing near the former Hotel Metropole.
From there, I was not only required to walk all the way, but was appalled to see the large number of police and paramilitary troops on duty. They were carrying arms and there also was an armed personnel carrier parked over there.
When I got close to the near end of the consulate, some policemen ordered me not to walk in front of the mission but to make a detour through the Frere Hall.
I was quite shocked but there was no choice but to comply. I noticed that the park was completely empty, with no human being in sight. Obviously, the citizens of this unfortunate city are no longer allowed to enjoy the calm and pleasant atmosphere of the beautiful park and the building.
The high security made it appear I was not in my own country but in enemy territory, somewhat like the Palestinians in Israel. It also reminded me of the carefree times when, as a child, I used to visit this park along with my family or friends even before the consulate was constructed as the US embassy in the late 1950s.
The question is why should the American consulate be allowed to cause such heartache and inconvenience to the residents of this benighted city?
The desolate park, after driving past it a couple of days back, was again seen to be devoid of any signs of life and now seems more deserving of the nomenclature ‘Forlorn Hall’ rather than Frere Hall.
It appears as if a small, tactical neutron bomb has been dropped on the site by Americans, which has left the structures intact but killed all the human beings.
Isn’t it time that the consulate was moved to another location, so that we poor Karachiites could once again enjoy the pleasures of walking along that pretty location and getting some fresh air?
While our commando-president may not want to displease the Americans by telling them to relocate their consulate, the citizens of Karachi would perhaps be left with no choice but to build another metropolis as a protest and vacate this one so there won’t be 15 million ‘terrorists’ left to endanger the Americans.
Or, like the US vice-president, Dick Cheney, reportedly did in Islamabad, they can give some sort of ‘tough message’ to Washington, say, to vacate the place and the country.
A KARACHIITE
WE admire the courage and sincerity of M. P. Bandhara in demanding that the Quaid’s speech of Aug 11, 1947 be incorporated in the Constitution.
Mr Sher Afgan, minister in charge of law and parliamentary affairs, objected to it but was overruled by the house — bravo the house and shame to the minister.
Do we realise that the Quaid’s speech to the then Constituent Assembly was intended to be an abiding promise to the non-Muslim minority that “religion would have nothing to do with the business of state” — the very fundamental route to democratic governance in a pluralist society.
The essence of the Quaid’s speech has been elaborated by the Supreme Court judgment on the NWFP ‘Hasba Bill’ as under:
a. State cannot enforce any religious obligations stipulated in Islam.
b. Private life, personal thoughts and individual beliefs of citizens cannot be allowed to be interfered with.
c. Interfering in personal life, freedom of assembly, liberty, dignity and privacy is strictly prohibited in Islam.
Pakistan’s Constitution has been mutilated, altered and re-altered by all politicians to suit their ambitions and political exigencies.
Why is it that a request for incorporating the Quaid’s speech is creating so much fuss and a negative attitude? To speak of procedural difficulties for insertion of the Quaid’s speech is utter nonsense. We demand:
i The Quaid’s Aug 11, 1947 key speech should be added as a preamble to the Constitution.
ii Parliamentary government does not suit the country. It is too expensive — around Rs32 million per year per MNA for the pleasant exercise of thumping the table and walkout from the assembly. Presidential federal governance could be a desirable, viable option.
iii Cleanse the Constitution of all ‘religious’ laws legislated by the federation or provinces — ‘religion’ is not the ‘business of state’ — and remove them from statutes. Remember Qisas and Diyat Ordinances promulgated by a zealous misguided enthusiast which involved about 40 provisions of the penal code dragged back to seventh century.
M.A.BAQI
Karachi
SINCE ancient times, boiling water has been the widely accepted and most cost- effective method of making drinking water safe.
Different guidelines advise different time periods and temperatures for boiling.
To find out the effectiveness of boiling as a method of choice, we carried out an experiment at Ziauddin University, Karachi.
High concentration of five common diarrhoeal pathogens were added to water samples and heated till 40°C, 60°C, and 100°C.
Two samples were further heated at 100°C for five and 10 minutes, respectively.
Another set of water samples was mixed with stool samples positive for diarrhoeal pathogens and heated in a similar fashion.
All samples heated to 60°C and beyond showed no growth of bacteria when they were cultured.
In view of the experiment conducted, it is reliably proved that heating the water up to 100°C is sufficient to eradicate common disease-causing bacteria even in stool-contaminated samples.
Therefore, it is not necessary to boil it for five to 10 minutes as suggested by some authorities as the increased cost of heating doesn’t necessarily make water any further pure.
DR MUHAMMAD NASIM SABIR
OUR country, like any other country in the world, needs oil, gas and atomic energy to boost our agriculture, industry, commerce and for a better living.
Our gas reserves are depleting, but we are unable to import gas from our oil-rich neighbours. We are living in the darkness of the repeated curse of ‘long load-shedding’.
The US president during his visit to the subcontinent last year gave atomic energy plants to India but only played cricket with our schoolboys out of sheer love and affection for Pakistan, as we are his strategic partner, a non-Nato ally, a close friend and what not.
Russia has recently offered four nuclear plants to India, but we can only sulk without the much-needed energy, urging the world to invest in our country, during the darkness of loadshedding.
Being a proud frontline state against terrorism, we have killed almost all the terrorists in Waziristan and Balochistan, while we have handed over many big ones to the United States.
Despite all these successes, bomb blasts and suicide attacks are increasing, and the public is living in a continuous state of trauma and a fear of the unknown.
Doesn’t our foreign policy need an urgent and a very serious appraisal, not to speak of the policy of internal security?
LT- COL (r ) SYED JAMSHAID RAZA
Karachi
APPROPOS of Mr Wajihuddin Ahmad’s articles: ‘The presidential elections: an appraisal’ and ‘Obstacles in the way of another term’ (Feb 24 and 25), I would like to thank the writer for educating us about the intricacies of the 1973 Constitution. Two remarks, “In any case, it is settled law that by a sub-constitutional measure (Act VII of 2004) a constitutional mandate (proviso to Article 41(7)) could not be bypassed,” and “… it, therefore, follows that for any future presidential election, whenever it may be, the aspirant shall have to relinquish the office of COAS”, inspire me the most.
With respect to the former, it could easily be construed that any following SC setup’s bypassing or reverting the preceding SC setup’s well-placed landmark judgment to the HCs/FSC is plainly unsettling the settled law. For example, PLD 2000 SC 770 is the case in point.
To me the sanctity of the 17th Amendment is like a ‘Divine sword’ (far more than the sword of Damocles) hanging precariously over many heads. No sooner the newly-formed SC Shariat Appellate Bench, headed by CJ, tinkered around the afore-mentioned case law, the said constitutional mandate got them disrobed, unenviably raising the status of the other promising judges up to the coveted posts of CJ of Pakistan; on the other side, the hopes of the aspirant army officers got whittled down ad nauseam by the uniform-eschewing part of it. Isn’t it a strange phenomenon to see as to how the Divine sword acts? I would say that in legal jargon it is an act of Providence to reckon with.
The act of Providence narrated above has a nexus to Pakistan’s fighting the war on terror — a no-win war for all stakeholders. As per the Constitution, divine law precedes case law.
The subject case law’s text was clearly kept within the four corners of the Creator’s commandments, wherein the Creator Himself issued in specific terms the war ultimatum against those who defied his commandments brazenly.
All the stakeholders fighting a global war against the terrorists are in unison to blame Pakistan for their shortcomings and force us to do more. Their nukes have been positioned around Pakistan and Iran at sea, under water, in the air, on the ground and underground. Natural calamities are in addition. It should, therefore, clearly be understood that the war raging around us is His war indicative of His great wrath.
I would earnestly request Mr Wajihuddin Ahmed to elucidate this aspect further especially with regard to the extinguishment of this fire akin to hellfire relegating the presidential impasse for the time being; as it is an easier puzzle to solve later than getting totally annihilated now.
MOHAMMAD AHMAD
Karachi
ON M. T. Khan Road, there was a signal opposite the Baharia Complex, just before one ascends on the Jinnah Bridge.
From this signal, one could take an easy Uturn to reach the commercial hub of Karachi, i.e., I. I. Chundrigar Road.
Unfortunately, this signal was demolished during the carpeting/repair phase.
In the absence of this vital signal, motorists have to go over to the Jinnah Bridge, where all sorts of traffic converge, then roll down towards Tower. Imagine what a hassle it is, rather a total torture.
The traffic gridlock is so horrendous near Tower that one curses incessantly the Traffic Engineering Bureau. Yes, for the apathy shown to the general public by them.
Lack of planning and lack of common sense is order of the day.
In the light of the foregoing, city fathers are requested to take appropriate action to get the said traffic signal reinstalled without any delay.
It is only logical to enable the bulk of traffic flow through this U-turn to the commercial district, rather than force them to go over the Jinnah Bridge, an unnecessary and mind-boggling detour.
SAFIR A. SIDDIQUI
Karachi
WORLD Cup matches involving Pakistan are scheduled to start at 6pm PST. This means that by the time both sides are done with their 50 overs each, the time will be about 2am.
Considering the present state of our team, it is humbly requested that Inzamam and his team wrap up their innings in less than 30 overs so that the other team can reach the target in 20 overs.
This way the match can end by 11pm and everyone can have a good night’s sleep.
JAFFAR NAQVI
Lahore
I AM 73 years old and was some time back refused visa because of being a senior citizen.
It is beyond comprehension that the United Arab Emirates is declining to grant visas to senior citizens who, accompanied by their wives and children, want to visit Dubai for sightseeing and shopping for about one or so week.
Senior citizens are given privileges in almost all countries of the world . It is hoped the UAE government will ease its visa policy for senior citizens.
SAIFUDDIN E. CONTRACTOR
Karachi
ASLAM Minhas is incorrect (letter, March 2) when he says President Harry S. Truman did not seek re-election after his tenure as an ‘accidental’ president expired.
In 1948 Truman ran against the formidable Thomas Dewey. Political pundits did not give Truman much of a chance but he scored a stunning coming-from-behind victory. In fact, the Chicago Tribune ran the incorrect headline, “Dewey beats Truman,” prematurely in the wee hours after election night.
One most memorable picture is that of Truman holding a copy of that newspaper edition as if to mock the headlines. Truman did not run in 1953, perhaps because he was worn out after serving for nearly eight years. He was folksy and coined the memorable phrase, “The buck stops here”.
VITTAL P. PYATI
USA
APROPOS of Munzir A. Naqvi’s letter, ‘PIA’s aging fleet’ (March 2), the facts concerning the points raised by him are as follows:
a. Admittedly PIA has a surplus employees problem that is not to be addressed through outright terminations/showing the doors. The best HR practice tells us that the precious human resource should be put to constructive use by diverting their potential to work and commitment both. Training and grooming play a vital role. PIA is doing that.
b. From April 2004 to March 2006, GSAC (France) auditors performed five surveillance audits of engineering and maintenance department to ensure continued validity of PIA aircraft maintenance audit approval. In February 2006, the surveillance audit was also declared as the ‘re-certification audit’ and the recommendations by GSAC (France) resulted in the revalidation of the EASA Part-145 approval up to April 15, 2008.
c. PIA is one of the largest foreign airlines serving the EU destinations, besides operating on important destinations in North America, Gulf, Saudi Arabia and the Far East. PIA’s aircraft are safe and properly maintained. The recent visit of the EC’s Air Safety Committee to Pakistan during Feb 12-16, culminated in a series of technical consultations with the PIA management and mainly centered around technical upkeep, airworthiness and well-kept interior of aircraft operating on European destinations.
d. As national carrier, PIA currently is up-to-date with the safety audit conducted by the International Air Transport Association (IATA), a body representing several hundred airlines around the world. “Pakistan International Airlines is IOSA (IATA Operational Safety Audit)-certified until June 24, 2007”. Moreover, PIA has always measured up to EU regulatory, certification, maintenance and standardisation, environmental protection and rule making requirements in the interest of global safety concerns and standards.
e. Lastly, PIA is upgrading the old segment of its fleet through new inductions and necessary technical renovation and upgradation process. Whatever has been ascribed to the European Union is politically motivated in the context of global political compulsions obtaining in South Asia.
NASIR JAMAL
General Manager,
Public Affairs PIA,
Karachi
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