| March 11, 2007 | Sunday | Safar 21, 1428 |
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A fervent desire for peace
Dutch minister’s advice
Not a monstrous complex
Shopping centres
Affairs at Urdu Varsity
PIA’s many woes
Opening batsmen
Fleecing people
Sovereignty challenged
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
THE sordid saga of Pakistani politics continues, unfolding in the same surreal and outlandish fashion that has been its trademark for the past 60 years. The chief justice of the Supreme Court has been rendered, according to Law Minister Wasi Zafar, ‘non-functional’ from performing the duties of his office by a presidential order. After doing so, the president has referred the matter to the Supreme Judicial Council.
Article 209, Chapter 4, of Part 7 in the Constitution of the Islamic Republic of Pakistan clearly outlines a procedure by which the chief justice can be removed from office and states: “A judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this article”.
The procedure requires a decision by the Supreme Judicial Council to the effect: “(a) that the judge is incapable of performing the duties of his office or has been guilty of misconduct, and (b) that he should be removed from office”.
Only then may the president remove the judge from office. The president cannot remove the chief justice on his own discretion. The constitutional provisions are clear on the matter and anyone labelling the language of this article of the Constitution ‘archaic’ or ‘befuddling’ is fooling no one.
The equivocal terms ‘prevented’ and ‘non-functional’ that are being thrown around from the government’s side, as opposed to ‘dismissed’ or ‘removed’, bring us sad tidings of the yarn that the president’s men will soon spin to bring both constitutional legitimacy and justification to the president’s action.
The charges of misconduct against the chief justice are ludicrous. The allegation of using his power to appoint his son to lucrative posts in the FIA and the police, the clarification issued by Justice Chaudhry regarding his son and the televised remarks by Justice (r ) Wajihuddin Ahmed against Justice Chaudhry warrant investigation, but do not by any means provide grounds for the dismissal of a chief justice.
The recent letter to Justice Chaudhry from the pro-government lawyer Naeem Bokhari circulating in the media and the remarks by Justice (r) Wajihuddin Ahmed seem to be parts of a carefully orchestrated plan to remove the chief justice of Pakistan from his office.
The reasons for the removal of Justice Iftikhar Muhammad Chaudhry are, in my mind, the blocking of the handover of Pakistan Steel Mills, his suo motu actions regarding missing persons’ cases and, above all, his repeated assertion that no individual is above the Constitution.
KHWAJA KHUSRO TARIQ
New York, USA
THE removal of the chief justice of Pakistan, Mr Iftikhar Chaudhry, on charges of demanding protocol, using government airplanes, favours for his son, etc., — all titled ‘misconduct and misuse of authority’ — is laughable considering the magnitude of misappropriations by the government.
A dangerous precedent has been set, President Gen Pervez Musharraf had the courage to don military uniform, summon the CJ to GHQ and then put it on the air for the entire nation and the world to watch.
The recently-issued statements by individuals like Ijazul Haq about postponement of elections and implementation of ‘emergency’ are beginning to make sense. The message from the military dictator is loud and clear: from now onwards he means business. As Faiz said:
Chalee hay rasam kay koi sir utha kay na chalay
DR HUMAYUN BASHIR
Canterbury, UK
I HAVE read the letter by Naeem Bokhari which criticised the chief justice’s behaviour towards the Pakistan Bar Association. Was there any truth in it? Or was it part of a well-planned and smoothly-executed, albeit unpleasant, removal? The jury is still not out on CJ Iftikhar Chaudhry and he is innocent until proved guilty, but I expect all kinds of excruciating evidence to be found against him. I plead to the Supreme Judicial Council to set aside all biases, all pressures and not be coerced into making the incorrect decision. I must add that the chief justice is not above the law and if there is substantial evidence, then appropriate action must be taken against him. Although the government has not given a detailed explanation, it seems it is not the chief justice who has been the one to abuse his power.
IBAAD HAKIM
London, UK
ISLAMIC bloc countries, specially Pakistan, are at their best ‘doing more’ for smothering the war flames, fanned by US and Nato forces belonging to 37 member-states of the western bloc, against the rag-tag Pashtun tribes’ student militia in the most rugged terrain (unfamiliar to outsiders since 19th century) of Afghanistan.
I wish to refer to a news item: “Kissinger warns against hardliners’ victory” wherein Dr Kissinger being, perhaps, the godfather of the US presidency considered himself fit person to issue explicit ultimatum of widening the circle of on-going war with full intensity. It would be an interesting phenomenon if a parallel is found in the history and it is worth trying. Let me reminisce:
(a) Thirty-seven years ago Dr Kissinger was US secretary of state to Nixon, who advised him to declare war on Cambodia and Laos required for the sustainability of the Vietnam war. This advice, akin to the aforementioned war cry, heralded the downfall of his own mentor. There was an instant uprising of many thousand students (call them American Taliban) chanting …… Nixon, besieging the White House. Some students died.
(b) Today Pakistan is a non-treaty (non-Nato) partner, however since the 1960s it was a well-groomed Seato and Cento ally; but Nixon’s most important aide thought it otherwise. During the onslaught of Indian carrier taskforce on erstwhile East Pakistan, I happened to be commanding a gunboat required to fight this uneven 1971 Indo-Pakistan war.
Eventually, the boat got battered. However, Nixon promised to dispatch his seventh US Naval Fleet to intervene between the two belligerents, which never entered the Bay of Bengal.
My country was halved, but a sailor’s patriotism is never halved. Is it possible that Dr Kissinger could come forward and apologise? Or could one assume that rendition of apology is not his forte? After all, Robert Gates felt no qualms admitting ‘mistakes’ in respect of botched Geneva Accord (letter, March 2).
Former US president Jimmy Carter is a prolific writer who has not only written his memoir as a president, but appeared as a tall and lone torch-bearer of long cherished American values. His latest book, Palestine: Peace not Apartheid, eloquently reviewed by Muhammad Ali Siddiqi as ‘Sincere and impartial’ (Books and Authors, March 4) is an eye-opener.
Mr Bush’s first secretary of state, Powell, failed to have any rapport with Rumsfeld. Ms Rice tried for a patch-up but in vain. Once the first tenure was over, Powell departed. Later Rumsfeld handed over to Gates. Ms Rice would find it difficult to go it alone. I wish Bush request Carter to be godfather of Ms Rice, while Dick Cheney hold his horses. Being a scholarly lady, she would definitely relish forging ahead under the tutelage of Carter. Best of luck for peace lovers.
MOHAMMAD AHMED
Karachi
I REFER to Mr A. S. Pingar’s letter, ‘Dutch minister’s advice and Saudi govt, (Feb 26) wherein he says that he was shocked to learn that the Saudi government has demanded an apology from a Dutch government minister who, in a statement, had asked Muslims to tear away half of the Holy Quran.
I fail to understand what is the shocking thing in this most natural reaction from a Muslim country to such a derogatory statement against the Holy Quran. As a matter of fact, Mr Pingar ought to have been shocked by the Dutch minister’s statement and not vice versa. Then he questions as to why Saudi Arabia has taken as its sole responsibility to make protests whenever any such situation arises against Islam.
The answer to that is that Saudi Arabia is the homeland of the Prophet Muhammad (PBUH) to whom the Holy Quran was revealed, it is the country from where Islam spread all over the world, it is the country where the holiest Muslim shrines are located and the king looks after their maintenance.
Mr Pingar then advises the Muslims living in western countries to assimilate themselves in the culture of those countries or else return to their countries. What culture he talks about? The culture that allows males to marry males and where vulgarities, evils and surrender to base desires have reached the extreme level
I would ask Mr Pingar to name the country where the natives of the western countries who have newly converted to Islam and are following Islamic ordains and teachings vehemently should return and, secondly, does he want the Muslims of Holland to adhere to the minister’s advice and, God forbid, tear half of the Quran?
MUHAMMAD RAFI
Karachi
I REFER to the letter of Dr Pervez Hoodbhoy (Feb 28) wherein he has pointed out some hard-hitting facts for consideration by the HEC.
I think it is prudent that only two upscale state-of-the-art engineering universities are established, possibly in collaboration with some good international engineering schools, to impart education in Pakistan. The character of the university should be chartered in a manner that truly is representative of a school par excellence.
The funding of the campuses should be from the resources of the HEC and active participation from the private sector. In fact, some well-known and progressive businessmen should be associated with the project and also nominated on its board of management. The important factor is not the building of a monstrous complex but to create a credible institution capable of producing future ‘corporate leaders’.
I am particularly referring to a structure similar to that of LUMS. We must agree that LUMS is definitely a good role model for other institutions to follow. I hope that the authorities at the HEC will pay some attention to this.
ALI SHAUKAT
Lahore
I have lived in Canada and the United States for about eight years and have spent a lot of time in shopping malls of the two countries. The best thing I like about those shopping malls is that all of them have seating arrangement for customers in the hallway or corridors. So, if shoppers get tired, they can sit on benches in corridors for as long as they want.
For a shopper like me who spent whole day shopping from 9am to 9pm in Canada, it was a real blessing.
In Karachi, we have big shopping malls like Dolmen Mall, Park Towers, Forum and Millennium Mall but nowhere I find a single bench in the corridors.
Dolmen Mall (Tariq Road) is particularly spacious and has lots of place to have benches in the corridors but they just don’t think about the convenience of their customers. For the most You can go to the area where snack bars are located to sit down and have some rest. But for that you have to to go all the way up to the second floor. Would it not be nice if they have benches out of each store so that people can sit down and relax for a while ?
This way they will have more energy and time to continue shopping after breaks. It would not be hard for the big stores to afford benches outside of their store, on their own either.
DR HAJRA KHATOON
Karachi
I AM amazed to read a news report (Dawn, Feb 13) that the Higher Education Commission (HEC) has formally asked the presidency to look into the affairs of the Federal Urdu University for Arts, Science and Technology (FUUAST), which is run without a vice-chancellor since May 2006. Senior official of the HEC, who requested anonymity, admitted that the university is in a mess and its administration is in disarray.
At the time of establishing this university four years back under model university ordinance, the high ideals were set, like promoting national language, Urdu, by introducing it into modern academic disciplines like computer science, management science and economics; second, to weed out corruption, inefficiency, etc., from public sector institutions by decentralising their administrative structure.
Promotion of the national language at FUUAST can be gauged from the fact that Urdu is conspicuously missing from the learning process of the above-mentioned modern discipline. Further, the university administration has closed down seven important departments, including the department of Urdu, by withdrawing admissions to them.
Instead of decentralising the power structure, power centralised at the level of the deputy chair of the senate of FUUAST, who acts as supra vice-chancellor and interferes in the university’s daily affairs. So far FUUAST has seen four VCs in four years and I can bet this must be the world record for any university experiencing that many executives in just four years and still the search goes on.
Corruption and inefficiency, which were avowed to be weeded out, have been increased many times. Today FUUAST, the only university established under promising model university ordinance, is turned out to be a model of mal-administration, corruption and inefficiency.
But the university administration puts the whole blame on teachers that they are not taking interest in their academic work. Many teachers at FUUAST have been awaiting their due promotion for 10 to 15 years and when their college suddenly turned into university, they hoped that now a glorious future waited for them. But instead they found the new promotion rule, conditioned with the degree of PhD.
That drives nearly 70 per cent of teachers to get themselves enrolled in the PhD programme in various disciplines at their varsity, but later to their great shock they found out that the HEC is not recognising the degree of PhD from FUUAST, the institution of its own making. Instead of glorious future, teachers at FUUAST see no future at all, and leaving a few that are holding sinecure positions, the rest are alienated.
President Gen Pervez Musharraf established FUUAST by his decree, implemented through the HEC. One is surprised to see the HEC calling the presidency to look into the affairs of the Urdu University. Failure of FUUAST led me to think how strong would be the other organisations which have been established by the general’s decrees.
SAJID
Karachi
I TRAVELLED from Karachi to Lahore on flight PK-306 on March 7. During the flight passengers witnessed a hapless crew member trying to save the aircraft and PIA’s reputation from being swamped by a ‘leaking’ roof.
My question to the chairman of PIA is this: what do you understand by the term quality? It is better to find faults in your own system at home than be humiliated in Europe. Best wishes to all PIA flyers.
DR SIMON AZARIAH
Lahore
THE news regarding the laptops of key PIA officials being stolen in Brussels (March 9) astonishes me no end. One wonders if PIA’s senior officials have any knowledge about the importance of data backup or using a USB to store essential information. PIA should look for another excuse to avoid confrontation with EU officials about the ban on their flights to Europe.
SHAYAN ASLAM KHAN
Karachi
THIS is to draw the attention of the president, patron of our cricket. The World Cup is now at hand and our people are not very happy with our team’s performance in the last tour of South Africa. I would like to make some suggestions. In the last four years we have not been able to find a good pair of opening batsmen, though we tried many youngsters for this position.
The reason is that we do not play our senior batsmen like Younis Khan, Muhammad Yousuf and Inzamamul Haq in this position. If we analyse, we will find that up till now our openers have remained prone to returning to the pavilion too soon, say after playing a few initial overs. Then follow the middle order batsmen, with worries on their faces, as well as on their minds. If we reverse the position and send our middle order batsmen as openers, we may sustain ourselves because the original openers may do better as middle order batsmen.
My suggestion is to play Younis Khan and Muhammad Yousuf as openers in the World Cup while putting original openers Muhammad Hafeez and Imran Nazir in the middle order along with all-rounders Shahid Afridi, Shoaib Malik, Kamran Akmal, Azhar Mehmood and Inzamamul Haq.
This will solve the problem of opening pair, which will give us more bowling options in the absence of Shoaib and Asif.
JAMIL AHMED
Shahin Cricket Club,
Karachi
THIS is with reference to the report (March 8) regarding political protection for poor work in respect of highway projects in Islamabad.
Your report does not mention what percentage of contract value has been paid to the contractor and how much of it can possibly be recovered. Is it to be assumed that the money that has been paid already is irrecoverable and that new funds will have to be provided to complete the job?
If such is the case, it would not be surprising to the people of this country for many projects never get completed as they should be and much work agreed to remains unfinished.
Many instances of this and other financial misdemeanours over the years can be seen in other cities of Pakistan, including Karachi. How long will the elite politicos continue to fleece the public’s funds? Is law enforcement a thing of the past?
MOHAMMED HASAN
Karachi
I RECENTLY read the preamble of the 1973 Constitution wherein one of the clauses caught my attention. The clause clearly states: “Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded “.
With the present state of affairs and continuous US threat of violation of our territorial integrity, it is better to wipe out this clause from the preamble until we are able to find courage to say ‘no’ to US demands.
SALMAN KIDWAI
Karachi
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