| September 03, 2007 | Monday | Sha'aban 20, 1428 |
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DHA today
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Mind your English
Energy crisis
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Road in bad shape
Brutalising students
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
THIS refers to the oped-page article, ‘Ineligibility of the incumbent’ (Aug 26). The writer did harp on the hackneyed with or - without uniform hype but in a well-researched manner. He correctly inferred that contesting elections in uniform and doffing the same after getting re-elected would not be a lawful contrivance of Gen Musharraf.
That is so because the exemption given to Gen Musharraf by the President to Hold Another Office Act 2004, by applying Article 63 (1) (d) and by freezing Article 43 under 17th Amendment, is valid only during his first five year term with effect from Nov 17, 2002. Therefore, Article 43 would be applicable the moment nomination of Gen Musharraf is filed for his second term because two different sets of law cannot govern the same five year term.
I take a pause here to tell the writer that ineligibility of Gen Musharraf is an issue of secondary nature. The primary issue is, however, eligibility of the presidential electoral college itself. It is pertinent to mention here that 17th Amendment deleted a crucial word ‘proceeding’ in Article 224 and placed a new word ‘following’ in its place.
By doing so, the framers of the Amendment tried to make life span of the existing national/provincial assemblies longer than the first term of the president (2002-2007) by 60 days. Obviously, that was intended to make election of Gen Musharraf by the existing assemblies for second term possible. But they essentially forgot that the Constitution, like a clock, works as a harmonious whole. A clock stops the moment any part of it is replaced by something not conforming to the whole machine system.
The power or the inherent right to elect president (Article 41 3) is rooted in the universally accepted principle of sovereignty of a legislature/ parliament. Likewise, Article 44 (specifying five year term for president), Article 52 (specifying five year term for the National Assembly) and Article 107 (specifying five year term for each Provincial Assembly) explicitly show that a given tenure of the president is inexorably linked to the corresponding tenures of National and Provincial Assemblies (91.46 per cent of the 1,170 member presidential electoral college comprising 342 member NA, 100 member Senate, 371 member Punjab Assembly, 168 member Sindh Assembly, 124 member NWFP Assembly and 65 member Balochistan Assembly).
Therefore, reelection of the president by the existing national and provincial assemblies is fraught with two serious implications, viz., (i) how can existing assemblies elect president for a period of five years beyond their own life? and (ii) how can the forthcoming assemblies be deprived of exercise of their inherent right to elect a president of their own.?
It is where that ineligibility of the existing assemblies regarding presidential election comes to the fore. That is the crux of the overall ineligibility of Gen Musharraf for the second term as president. Nevertheless, nobody seems bothered or even cognizant of it.
MUHAMMAD WAQAR ASLAM
Quetta
ONE is amazed as to how TV channels, especially the leading ones, have abandoned a code of conduct and the interests of their viewers by interrupting programmes, even during the speeches of the president and the prime minister, and bombarding them with second rate advertisements, time checks, etc.
Everywhere in the world, there is a regulating body which issues guidelines and a code of conduct for the electronic media, relating to the contents of an advertisement and ensure that it is not unethical, immoral or misleading and the gap between each advertisement, etc.
At the same time, socially responsible companies and advertising agencies also have their own set of rules and a code of conduct to ensure that interests of the citizens, especially children, are protected. That is why in most countries advertisements of cigarettes and alcohol have either been banned or restricted to certain times, to discourage and protect the young from these social evils.
In Pakistan, it is PEMRA which is supposed to regulate the activities of the electronic media. At the same time, the advertisers also have their own associations which are suppose to regulate the activities of their members.
But as is always the case in Pakistan, though the laws, rules, guidelines, etc., exist, like the traffic laws, they are not observed and flouted with impunity. And, as usual, the reason is lack of enforcement and accountability, which like a cancer, more deadly than corruption, has spread throughout the institutions in Pakistan and has gradually destroyed them.
What is even more surprising and embarrassing is that the offices of the president and the PM have been diminished and their pictures and speeches are being used to promote shopping malls and other commercial activities. This just shows our mindset and how commercialised our society has become. And what is even more surprising is that the offices of the president and the PM have allowed this gross misuse of their offices.
One hopes that the courts will take up the issue of misleading advertisements, misuse of the electronic media and other related matters and instruct PEMRA to enforce the rules and regulations laid down by them and take appropriate action against those who violate them.
HAMID MAKER
Karachi
ACKNOWLEDGED as one of the posh residential areas of Karachi, the DHA is extremely ill-planned and has now overgrown more or less like ‘katchi abadis’. A close look at the satellite image of all phases on google earth today will testify to my statement and the state of affairs in this so-called posh locality of Karachi. A few examples:
a. Lack of proper sewerage and storm drains in almost all phases. Even the CCB office cannot be approached on foot or by car several days after the rains.
b. Lack of proper water supply in most of the old as well as new phases equally.
c. Ill planned and overcongested commercial areas with no parking spaces in their vicinities.(Zamzama, Tauheed, Badar, etc.)
d. Senseless construction ‘bye-laws’ (which they say cannot be challanged in any court of law) such as restriction of a maximum of three feet plinth level allowed from the centre of the existing road in front. Almost all the roads are eventually raised later, resulting in sinking of the ground floor below the road level, particularly in phases II extn., IV, V and VII. Drive on the Sunset Boulevard or the Commercial Avenue Phase IV to Khyaban-i-Ittehad and countless houses are flooded every year. It cannot be rectified now. All due to this senseless clause of construction bye-laws now four decades old.
e. Poor as no response of the authorities concerned with regard to the residents’ complaints for electricity, streetlights, sewerage, water supply, etc.
I wonder if the authorities concerned will ever open their eyes instead of covering them like an ostrich in disrtess? It is time the DHA residents consider withholding the CCB tax, due end of September, which is promptly collected a year in advance (Year 2007-2008)
Ijtaba Zaidi
Karachi
I WOULD like to draw the attention of the law secretary and all other authorities concerned with the rule of law and justice in Pakistan to the deplorable condition prevailing at banking courts, especially Banking Court No. ! at Karachi.
An order was passed by this court on March 1, 2000, for a certified copy of which I
Applied, along with cost, on the very next day. After a few days when I went to collect the copy I was refused the same, the court’s office staff advising me that the original order was missing from the court’s record.
I reported this situation to the then judge who summoned the suspected staff of its court and verbally told the registrar, banking courts, to investigate the matter. Since the missing order contained certain observations in my favour, the judge at that time reprimanded its staff for criminal negligence and urged them to retrieve the copy, failing which they would make themselves liable for corruption.
Despite this warning, the court staff did nothing to redress the problem and kept me on the swing through false assurances despite my repeated application to the court, as well as to the court office. Unfortunately, the original order could still not be found in the court’s record nor the court is inclined to provide me a valid certified copy of the said order in correspondence with the chronology of my application for the same.
I would request the law secretary to look into the matter and check ‘trading’ of the court’s record by the court’s staff right under the nose of the helpless judge presiding there. If court’s record could be allowed to be manipulated and disappear as in the case above, I do not think the nation’s dream for the rule of law and justice would ever see the light.
MAZHAR BUTT
Karachi
TWO decades ago television was an effective way of learning the English language as programmes, news, movies and even cartoons were shown in English. The youth had exposure to it and used it to improve their English vocabulary and pronunciation. Unfortunately common TV channels today are mostly showing English programmes dubbed in Indian Urdu. Now viewers, especially the youth, are learning words like ‘bokhum’ and ‘durghutna’ not earthquake or accident.
We as a nation are missing opportunity of learning English via TV.
Authorities are requested to do some thing about it. At least channels like Discovery and National Geographic should be allowed in English.
SAMI BIN SHAFIQ
Lahore
WE had a hefty 10 per cent increase in electricity tariff recently and latest indications are that the KESC has been allowed further increase in fuel adjustment charges. Talks of further higher tariffs have already started since the government continues to subsidise electricity bills and with increasing cost of imported fuel, but still there is no effort to reduce the negative economic impact of this energy crisis.
We have a strong lobby which has manipulated the energy scenario to ‘force’ large dams on the country which would bring opportunities for massive corruption, besides creating politically motivated redistribution water resources. This lobby has ensured that our coal resources are not developed, though this is the only available economical energy source to meet our basic energy requirements for many decades.
However, the real source of our energy problem is our wasteful ways and, unfortunately, our authorities are just not concerned. We have a government that is so busy fighting off attacks from all directions that they do not have time to plan on long-term basis and this energy crisis cannot be wished away. We have not encouraged energy conservation, we have not personally shown examples of simple living, we certainly do not believe that each one of us is responsible for the energy crisis.
Our energy requirements cannot just be met unless we practise energy conservation. Both the direct cost of energy and the heavy indirect costs of environmental pollution due to energy wastage will bring our economy to further uncontrolled downward spiral and yet, we are doing nothing.
Our wasteful ways is evident more in our transportation sector and buildings’ design and utilisation. We will not invest in efficient mass transit system and instead use the most costly and polluting bus system on roads with no space for the required traffic. We will also not use car pooling system and it is normal to see most large cars with only one a two passengers in the rush office hours – and, of course, to carry one VVIP, a fleet of at least 10 or 15 large transports messing up entire traffic.
But the real energy wastage is in buildings. We have just finalised the new building code but that is only applicable to seismic requirements. Efficient building design and services have not been considered critical for urgent implementation (they could have at least activated the 20 year-old building code with some benefits versus totally ignoring the essential requirements).
Green (sustainable) buildings, with energy and water conservation, are coming up everywhere else in the world and yet we are lost in our red building syndrome (RBS). A large government building in Karachi has recently been converted from a fairly green design to real red (typical followers of RBS). The government has also recently approved a new secretariat block in Islamabad which appears to have no ‘greening’ philosophy.
One can only hope that our judges will ensure that Supreme Court building extension in Islamabad will follow green building design. All is not lost though, since one of the best references for green buildings is Green Guide published by American Society of Heating, Refrigerating and Airconditioning Engineers (ASHRAE) and it has a Pakistani also as contributor, so the basic expertise is available right here.
Our elite have no concern as to what they are doing to the country. They would like to live in airconditioned homes, drive in airconditioned cars, work in airconditioned offices and shop in airconditioned malls (with real cool temperatures). How can this country afford these practices?
What is happening in China, our friend in need? Chinese central government offices recently (June 2007) observed a day without airconditioning (no, not on a holiday but on a regular Tuesday working) as they warmed to a campaign to cut energy consumption and improve energy efficiency.
Beijing now has special energy officials who will check whether offices, hotels, malls and other buildings in Beijing are observing a demand to set airconditioning no cooler than 26°C. And what are we doing?
We can never enforce energy conservation if our authorities do not observe the basic rules of simple living, and without conserving energy, we will never be able to get out of the energy crisis.
AAZA
Karachi
I WAS both saddened and sorry to read of the most unfortunate rift between two former colleagues (ref: Roedad Khan’s letter of Aug 24). During the One Unit days, Roedad as commissioner and I as DIG ran the Karachi administration in the mid-60s (through the 1965 war and the presidential elections) and I got to know him well. He is not the kind of person to openly indulge in the type of political activity attributed to him.
I have also worked with Ijlal Haider Zaidi when he was deputy commissioner, Peshawar, when I was DIG there. Gen Beg’s claim that Roedad Khan and Ijlal Zaidi worked together in a single ‘election cell’ is hard to believe since both these gentlemen stand at different poles. To even imagine them working together clandestinely in an active election cell would really require quite a stretch.
Tendering advice is one thing but being an active member of an ‘election cell’ is quite another.
As far as “keep going as long as you can” is concerned, such advice is merely a truism which applies (with honourable exceptions) to almost all our leaders who have tasted the hemlock of power in our country. This outlook is not likely to change in the foreseeable future.
S. ASIF MAJEED
Karachi
THIS is apropos of Kuldip Nayar’s article, ‘Secularism has a long way to go’(Aug 18). This contains a factual error when he states that the Shiv Sena-BJP was ruling when the riots took place. It was Congress which ruled the Maharashtra state and Bharat (India), when riots and bomb blast took place.
Secularism will have to go a longer way looking at the way secularists, in general, and Kuldip Nayar, in particular, are painting one-sided picture. Muslims in Mumbai resorted to stabbing of innocent Hindus in response to felling of Babari Masjid, which is conveniently forgotten by secularists and Justice Krishna, which led to reaction by Hindus.
While everybody appreciates his concern about rehabilitation of 20,000 Muslims of Gujarat, I am not aware of what is his take on more than 400,000 Hindu refugees from J&K. I know Mr Nayar is mature enough to understand the difference between the Mumbai bomb blast case, which is regarded as traitor act, and riots. It’s time secularists worth their salt did some plain talking.
ABHAY KHER
Pune
ON the one hand, the government tried to drag the Saudi Royal family in the court case by introducing photocopies of undertakings supposedly given to the Saudi government by Sharif brothers. On other hand, the Supreme Court wisely kept the royalty at bay by not accepting those undertakings as lawful documents.
This clever legal manoeuvring not only prevented a brotherly country from unnecessary embarrassment but also exposed the government obsession to keep a uniformed general as head of the state and continue with a derailed democracy. For such an astute decision the Supreme Court deserves congratulations.
DR GHAYUR AYUB
London
FOR the last seven years I am a regular visitor to Sanghar, which is a remote area and also the second biggest district of Sindh, with no direct main railway or main national hi-way connection.
During the last two to three years one could notice a lot of development activities taking place in the district, with construction of new roads, extensions and repairs of existing roads, law and order situation, etc. Now one can travel during late evening hours, which was not possible before. Thanks to the zila nazim.
I would like to draw attention of the zila nazim to the need for early repairs of road connecting Jhole with Sanghar/Mirpurkhas Road. At present it is in bad shape and people are facing a lot of problems travelling on this road. Moreover, sugarcane crushing season will start in November and a lot of cane traffic will pass through this road.
HASSAN NAQVI
Lahore
THE Government High Secondary School, Tehkal, Peshawar, is perhaps the only school in the world that shares its building with a police station. Recently I went there to check my name in the electoral lists. As I was coming out, at the gate I saw a bullet-riddled body being examined by the police. The scene was gory and traumatic?
Does the government want our students to become trauma-proof by exposing them to such scenes every day in their academic life? Does our wise government want the children to learn and experience bloodshed and brutality at school?
MUHAMMAD NAUMAN KHAN
Islamia College
University Peshawar
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