| July 04, 2007 | Wednesday | Jamadi-us-Sani 18, 1428 |
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Lal Masjid standoff
Golan Heights
Competence being ignored
HEC scholarship criteria
Judicial crisis in US
Goodbye BoP
Rain havoc
Worsening conditions
Transfer of power
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
MUNIR Malik’s article, ‘Ideals and expediency’ (June 27) shows a lawyer moving from his time-honoured role of legal arguments to sweeping generalisations. He is treading a dangerous course. One has only to hope that the passion of his rhetoric is not shared by the community of lawyers whose professional interest he is elected to represent.
I have chosen just two out of many incorrect or inappropriate assumptions made by Mr Malik in support of his thesis that in interpreting laws and invoking judicial doctrines the judges must “directly listen to the voice of the nation”.
Harking back to the colonial times, Mr Malik says: the deputy commissioner ruled ‘without constraints’ (of law) — to keep the people “subservient to imperial dictates”.
Having been a DC for good eight years, I wouldn’t refute but remind him of a number of deputy commissioners who later became judges to enrich the judiciary with their knowledge of law or integrity of character or both. Let me name some of them. From the ICS came A. R. Cornelius, Shahabuddin, M. R. Kiyani, Constantine, S. A. Rehman, S. A. Haq and later from the CSP: Shafiur Rehman, Saad Saud Jan, M. A. K. Samdani, M. A. Rashid, Zafrullah, Sufi and Qureshi.
Let me add that three more deputy commissioners, my contemporaries, Salim Abbas Jilani, K. Z. Durrani and K. M. Chima also went to the judiciary but returned disillusioned and retired after scaling heights of the executive.
Mr Malik’s reference to Justice Kiyani for ‘allying’ himself with the ’ruling classes’ would sadden all those who knew that saintly, bold and acerbic judge. Mr Malik, surely, is alone in holding him in that light merely because he was president of the CSP association. He was a CSP and proud of it.
I wonder if anyone in the legal community would endorse the second sweeping statement made by Mr Malik that the independence of judiciary in the colonial times was a “complete myth”. The common belief is that independent judiciary was a British inheritance which we have failed to preserve. I would leave it to lawyers or judges to contest this issue with Mr Malik.
Mr Malik’s suggestion that the judges should not go against the reigning public sentiment in writing their judgments amounts to inventing another doctrine of necessity while condemning one that has successively upheld extra-constitutional interventions by the military.
The judiciary’s universally accepted role is to interpret the laws, not to make them but to ensure that the executive conforms to them and to strike down laws made by the legislature that contravene the constitution. Taking note of the public sentiment or aspirations rests with the legislature.
Finally, I would like to remind Mr Malik of what a US Supreme Court judge famously said: “We are final not because we are infallible but we are infallible only because we are final”.
Our judges clearly trespassed on the jurisdiction of the executive when they recently ordered the suspension of some LDA officials on the suspicion of taking bribe or their obiter dicta in questioning the motives of the government’s privatisation priorities.
KUNWAR IDRIS
Karachi
WHAT is Lal Masjid standoff? A drama to make us realise how alarming is the threat of this so - called extremism and to further confound the already confused nation.
I ask one simple question, if extremism is the biggest threat to our country, then how far has the incumbent regime succeeded in rooting out or say weakening this danger?
It's obvious that the ghost of extremism is created and is publicised only to prove the existence of 'enlightened moderate' ruler's presence inevitable. To keep on creating crises and diverting the attention of people from vital issues is the strategy consistently followed by the present regime.
Can we deny that there are more incidents of terrorism today than they were in the past? The local Taliban are getting stronger with each day and their pernicious philosophy aiming at crushing not only the non-Muslims but every other person who does not conform to their views is openly preached.
Who are these mullas and who is at their back? Do they have supporters among the masses?
I don't think so. Then why is the present regime failing to deal with them? Are they powerful enough so as to cow the state machinery?
I view this from the global political scenario. All this is a game of power. In order to remain in power, you must prove every now and then that you possess it.
For this purpose you should have enemies -- real or supposed. After the fall of the Soviet Union, the US was in search of enemies and the radical Islamists were chosen as the 'fatal enemy'.
Now the US, along with its western allies, is once again playing the game of divide and rule.
The Muslims are radicals and liberals, Shias and Sunnis, Kurds and Turkish and so on. Every society is heterogeneous but it does not mean that you should start killing each other.
Struggle for power and influence is also there among various elements of society but it should not go to the extent of gunbattles. Why is it happening now? Who is stirring the cords?
I do not believe in conspiracy theories. But why are lines being drawn on religious beliefs, secular and liberal basis? Because the government is an ally on the war on terror.
True, it has caught many people wanted by the US but what it has done for this nation? It has brought the American war in Pakistan only because it was and is in need of western support for its survival.
This mullah-military hide and seek must end now. The nation is awake and will not allow itself to be exploited by any 'messiah'.
This struggle for independence of the judiciary is, for the first time in our chequered history, for the sake of principle of rule of law. We are united and ready to fight for it.
MUHAMMAD ZUBAIR ABBASI
Islamabad
THIS has reference to the news item in which the police raided mini-cinemas, Internet cafes (June 28).
It is encouraging to see that the police are doing something to close them down but this measure should not come as a pressure tactic by the Lal Masjid troublemakers who last month kidnapped police officers and are now teaching us about morality and how to run our lives.
The Maulana has even threatened that the students will take the law into their own hands. What will they do next? Raid homes?
They are the last persons on this planet to teach us anything about morals and Islam. Before it gets out of hand, the authorities should clamp them down before this Maulana goes on a rampage.
Soon Pakistan will be engulfed by these fundamentalists if it isn’t already.
NAZIR ALIMOHAMMAD
Fremont, CA, USA
A JERUSALEM newspaper report says that, for a peace treaty, Israel has offered the strategic Golan hills, captured from Syria in the six-day war of June 1967.
Israel has always given special importance to Jordan and Syria out of the five Arab countries which had attacked Israel at its birth in May 1948, the remaining three are Egypt, Lebanon and Iraq.
Israel had recognised the better trained, organised and hard-hitting army of Jordan which had wrenched Jerusalem from Jewish soldiers in the war of 1948.
Syria's importance was that it had two great weapons that made it a formidable opponent: the Golan Heights and the two river system under them.
Golan Heights, facing entire Israel, are a series of 13-mile-wide concrete bunkers and well-dug in long-range artillery sites with most modern weapon and ammunition system – yet not known by the world outside the Soviet Union.
If the gun batteries were used by Syria, Israel would not have survived. A pre-emptive strike by Israel was necessary for its survival.
The two rivers, Baniyas and Hatzbani, flow from under the Heights which are the only source of water for Israel.
These rivers feed River Jordan which in turn feeds Sea of Galilee – and this Sea of Galilee provides life giving water to entire Israel.
Any diversion of these two rivers by Syria would have destroyed Israel by thirst. In fact, Syria had planned to divert these two rivers earlier in 1964 and its work was already in progress. A devastating Israeli air attack on the project was inevitable for its existence.
Israel had to vacate all Arab lands that it captured in the six day war. First, it returned the Sinai desert to Egypt and then it withdrew from Jordanian and Palestinian areas but not from Jerusalem.
Now it has shown intention of giving up Golan Heights if (a) Syria signs a peace treaty with Israel, (b) stops all contacts with Iran and (c) withdraws its support and help to Hezbollah and any assistance to terrorism.
The conditions have a message in between the lines. Will Syria take it?
M.K. NAQVI
Karachi
THERE are many problems being faced by non-teaching technical staff at present working at NED University. A phrase that has now become common is “NED is for teaching staff and ‘afsar shahi’ only”.
This clearly shows the frustration and helplessness of the technical or even non-technical lower grade staff. And the repercussion is that technical employees of NED keep on longing to switch to other organisations and in turn NED loses experienced, skilful and dedicated individuals. My questions to the higher authorities and the vice chancellor are: is there any standard of awarding pay scales or is it based on “the more influential the higher the pay scale”? And, secondly, can you justify the multi-standard grant of pay scales under one umbrella?
There are some requisites pertaining to grant of pay scales. For example, BPS 11 is generally granted to those who possess three years of DAE (relevant field) and one year of field experience. However, individuals having passed the same qualification were appointed on BPS 15 and BPS 16 and individuals having even higher qualification and field experience are working on BPS 11 at various departments.
I am witness to employees from departments like civil, mechanical, electrical, electronic, architecture and environmental engineering still working on the same pay scale they were appointed on several years ago. A number of people have completed graduation in relevant fields and are competent enough but never considered for promotion due to personal dislikes.
However, I do not want the pay scales of such fellows enjoying higher salaries to be demoted. But why are others with more or less the same qualification and level of competence being ignored?
ABDULLAH KHAN
Karachi
THIS refers to the clarification and appraisal of HEC scholarship criteria and its output by Aisha Ikram (April 23). One hopes that such criteria, especially on strict visa policy of return, will help our scholars to come back and serve their institutions with ease and commitment, safeguarded by financially sound packages and incentives.
Earlier only a few hundred out of thousands would come back and join the parent public institution for a while to fulfil the conditions of executed bond and then quit and go for some lucrative job.
Before we have a sufficient number of PhDs to fill the gap, the HEC has suggested re-employing the retired faculty on a contract basis (June 27).
I would like to draw the HEC’s attention to one more programme — post-doctoral scholarship — which has no definite criterion for its acknowledgement or procurement after completion (certificate/degree etc) regarded for the research input meant for advancing and updating their erstwhile doctoral thesis with presenting and publishing research papers (hardly done) and is rather a sinecure assignment and a free-fall trip to a host country.
Such an HEC-sponsored, post-doctoral candidate mostly gets placement in a university abroad, especially in the UK and the US and serve most of the time doing odd jobs under the table in a ‘desi’ store to mint pounds and dollars for six months to a year, leaving the host varsity contended with bench and tuition fee, exempting themselves from advance studies and new discoveries.
To ensure such an advance output and to prevent such criminal wastage, the HEC needs to lay down accountable criteria also.
Further, in your editorial ‘Plagiarism by teachers’ (April 23) the stress on intellectual honesty and academic ethics to shun the menace of plagiarism is to be realised by the scholar. In this case, revision of rules and regulations are also needed for PhD programme, since it has been made mandatory for appointment/promotion in higher grades and added benefits and drives the faculty in binge plagiarism to procure the degree in shortest possible time.
The HEC has declared to produce at least 1,500 PhDs in a year throughout the country, which has precipitated the quantity over quality research.
Moreover, the HEC has to suggest an anti-plagiarism policy and likewise statutory bodies of universities should adopt it accordingly.
The role of the HEC’s quality enhancement cells is yet to be seen to eradicate the epidemic of cheating which has already plagued many varsities and much more will be badly infected creating an endemic of plagiarist disaster throughout the country.
PROF MOONIS AYAZ SHAIKH
Shah Abdul Latif University
Khairpur
IT is of little comfort to know that the US judicial system seems to be going through a (identity) crisis of its own. A news item in your paper (June 29) was about how a Muslim woman was not allowed entry into a New York courtroom because she wore a headscarf.
The reasons given to her were that it was due to ‘homeland security’ and that she entering with a headscarf would be disrespectful to the judge.
On the same day, the New York Times carried an editorial (June 29) called ‘Resegregation Now’ and it was about the Supreme Court’s order which has set back many of the positive steps to integrate African Americans into the public schooling system that the court has taken since 1954.
Why is the judicial system in the United States having a identity crisis and changing its much publicised ideals of equality, racial integration and secularism which it held up and enforced and indeed which changed the entire complexion of American society.
These steps in the US courtrooms are fuelling discrimination and intolerance, heralding an era of increased hostility, not only in their own country, but across the world.
MALIHA ANWER KHAN
Karachi
THE news of insufficiently secured huge loans to influential and politically-connected parties has shaken the public’s faith in the Bank of Punjab (BoP).
The bank’s share on the bourses plummeted. Although the Punjab government quickly came to its rescue, it will take a long time to restore the public’s trust in the bank.
The bank’s chief, Hamesh Khan – who is alleged to have been vacationing in Dubai, after he was bestowed with bonus and recreation allowance nearing Rs30 million — when the news reached him. Khan cut short his vacations to return to whitewash the matter.
Not many know that his speciality is public relations not professional banking. He is perhaps the youngest MD of a public sector bank to draw emoluments unheard of in the banking industry, thanks to his patrons in high places.
People know that banks in the public sector are sitting ducks for the high and mighty to vandalise them. When most banks in the sector are privatised, why not dump BoP too?
Ordinary borrowers face a hard time obtaining loans from this bank but the influential drive up to it in their monstrous vehicles, followed by gun-toting guards in double-cabins, fill their bags, and decamp.
If a meaningful audit of various dodgy borrowers of the bank is carried out, BoP will be found on the verge of collapse. It is time, therefore, to act before depositors make a run on the bank to draw their savings.
DR A. P. SANGIL
Lalamusa
THIS is in reference to the unfortunate rain-related incident in Karachi and its adjacent area which claimed more than 200 lives.
These casualties of precious human lives were the headline of newspapers but disappointedly remain unattractive to all the political leaders of different parties throughout Pakistan for their own motives.
On the other hand, we have seen them highly active last month in the media commenting on another dreadful incident on May 12.
All the leaders went allout to defend or blame each other on television after the May 12 incident.
I think those tragic incidents are more lucrative to score politically, so everyone tried to convince people that they had real sentiments for the residents of Karachi.
It is regrettable that none of them came forward to pay their due role in responding to the recent rain incidents.
They could have played their role in mobilising their large party funds to support this cause of rehabilitation in addition to government-announced help.
The flood-related events represent the real tragedy of the country. I strongly urge the federal government to intervene and declare an emergency.
All the political parties should come forward and different human rights organisations, with the support of the government, should announce their relief activities on a war footing.
FAISAL SIDDIQUI
Mississuaga, Canada
WITH all the development work going on in Karachi, it is very disheartening to see that the residents of Landhi are neglected, especially those living on street No. 24 of area 36-B. The sewerage problem here has become worse in the last one week.
The sewerage lines are completely choked up to the extent of penetrating into houses. Apart from this day to day worsening condition, the residents are facing an acute shortage of clean drinking water.
This problem has already started to show its effect, especially on children who have started to fall ill.
The residents have complained to the UC-9 nazim about this worsening condition but to no avail. I would like to request our city nazim to please take up this matter as soon as possible.
M. RASHID
Karachi
IT SHOULD be such a matter of pride for Britons whose incumbent prime minister transferred power so smoothly to Mr Brown, upholding the national interest well above his.
I wish Pakistanis could also experience the same pride if President Musharraf were to relinquish his two offices and transfer command to an all acceptable caretaker government. Not only would he be true to his word, "Pakistan First", but also be worthy of a standing ovation for being the first Pakistani ruler to step down from power voluntarily.
MOHAMMED ILYAS
Karachi
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