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DAWN - the Internet Edition


February 08, 2008 Friday Muharram 29, 1429





Letters







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Regulating real estate business
Principled stand
Defective medical facilities
Dictatorship in Third World
Congress and Pentagon report
Lapses in SPSC
Suicide bomber
In the line of fire
An opportune moment
Death of an icon
Educated illiterates



Regulating real estate business


THE Securities and Exchange Commission of Pakistan (SECP) has recently announced the formation of Real Estate Investment Trust.

The Real Estate Investment Trust (REIT) was first introduced in the US in 1960 followed by Australia, UK, France, Belgium, Turkey, Netherlands, Hong Kong, Singapore, Japan, Malaysia, South Korea, Canada, South Africa, New Zealand, Germany, Italy, India and the Philippines.

Articles published in the special supplement on REIT in Dawn (Feb 4) have described the benefits of REITs for the general public through REIT’s projects that will be developed, sold or rented by the REIT’s Management Company.

However, none of the authors have elaborated on the facts and have made no recommendation as how to make property transactions fully transparent that are sold in the open market after payment of minimum amount of stamp duty and registration charges according to the collectorate rates that are being announced from time to time after every annual budget announced by provincial governments.

Two types of sale of property systems cannot run parallel. The first system which dominates the entire real estate market runs in a non-transparent manner and the second, being introduced by the SECP, that guarantees legitimacy and transparency.

The Real Estate Investment Trust may benefit a number of people but a majority may not be able to break from the shackles of a system from which the rich have become filthy-rich and the poor has become poorer.

The Securities and Exchange Commission of Pakistan’s partial regulating real estate business is similar to constructing a highrise building in which the developer pays more attention to cosmetic work of the building instead of the foundation.

The real estate business may not be regulated fully without the government devising plans where all areas of the real estate business are taken into account.

Every property buyer, seller and real estate broker should be made responsible for share its responsibility in paying the actual amount and this sharing information with the government..

This will work as a two-edged sword. On the one hand, the government will be able to earn more revenue and, on the other, the property sellers will lower the prices of their properties, keeping in view of the fact that they have to pay more tax with penalty if the authorities will unearth the actual amount of property transaction.

If the Securities and Exchange Commission of Pakistan likes to see that property business becoming fully transparent, then it should take immediate steps to regulate the entire real estate sector in one go.

Offering properties developed under REIT’s and collecting revenue from them will be equivalent to providing illegitimate shelter to such people who purchase properties in a non-transparent manner where major amount of property is paid to the seller under the table.

The Securities and Exchange Commission of Pakistan should issue directions to the provincial governments to issue state licences to estate agency owners and real estate brokers.

They should play a positive role in earning revenue for the provincial governments through property transactions.

SYED A. MATEEN
Karachi

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Principled stand


One persistent criticism by apologists of the current regime against Pakistan’s constitutional chief justice, Justice Iftikhar Chaudhry, and other judges of the superior judiciary is why the legal fraternity and members of civil society are supporting the restoration of these judges given that some of them had previously taken the oath under the PCO during President’s first purge of the judiciary?

This flawed logic negates intrinsic aspects of man’s very nature; the ability to learn from experiences and alter future behavior in the light of them. The law is not merely a static, written code but something that is interpreted keeping in mind the evolving ethos of a particular society.

For example, in Plessy vs Ferguson (1896), the US Supreme Court, in a 7-1 decision, upheld the constitutionality of the ‘separate but equal’ notion that provided legal protection to racial segregation of non-whites. The only dissenting opinion was by Justice John Marshall Harlan, who predicted that this would become one of the most reviled decisions in US legal history.

But just who was John Marshall Harlan? He was a former slave owner himself who experienced a change in his beliefs after witnessing the inferior treatment meted out to African Americans on a regular basis, particularly in the American South.

Almost half a century later, in Brown vs Board of Education (1954), the judges of the Supreme Court interpreted the Equal Protection clause of the 14th Amendment differently from their predecessors in 1896, overturning the ‘separate but equal’ ruling.

The law did not change, only its interpretation by a different Supreme Court in a changed era.

The law is not as rigid as is commonly perceived; it evolves with time just as life’s experiences shape the thinking of those who interpret it.

In our case, what changed during the lawyers’ movement between March 9, 2007 and July 20, 2007? Not the Constitution but the belief of members of the superior judiciary that the law had to be interpreted based on constitutionality and not in the light of the infamous ‘Doctrine of Necessity’.

Instead of granting legal cover to a dictator as in the past, the SC was on the verge of doing the right thing by keeping the interests of the country above that of an unpopular ruler before the imposition of martial law on Nov 3. A number of judges who had previously taken the oath according to a PCO chose to take a principled stand in favor of constitutionalism.

Should the people of Pakistan not stand with them to make amends for a better future?

TAIMUR MASUD KHAN
Lahore

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Defective medical facilities


THIS is in response to Khurram Ashfaq’s letter, ‘Talagang hospital management’ (Feb 4).

I believe this incident was just another instance of the bitter plight of thousands of those belonging to the lower and lower middle strata, who suffer owing to the apathy and lack of concern of the government towards the duties (or the lack thereof) of the medical staff employed by the former at district and tehsil headquarters hospitals.

Considering the fact that the man’s 18 - month - old child was suffering from vomiting and diarrhea, it doesn’t take a scientist to conclude that he is severely dehydrated; and thus is in dire need of immediate rehydration therapy. Despite the doctor’s callous visit and the IV injection, a man painfully witnessed his own child’s death.

The irony of this event was that it took place under that very roof of the headquarters, owing to mere negligence of the staff whose efficiency lasted till they collected the fee. Such incidents go unreported as each day people continue to lose their precious loved ones, while the government boasts of concrete measures for improvement in health facilities.

The dearth of trained medical personnel and the availability of doctors in these places is a serious issue which desperately needs attention.

The death of an innocent child has already happened and nothing can undo it, but still the lives of several others could be saved if those non - existent measures of the government ever materialised. Is anyone listening?

SYED WAQAS HAIDER
Karachi

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Dictatorship in Third World


THE ease with which democratic governments have given way to authoritarian regimes in one underdeveloped country after another has made many thinkers ask in despair whether the parliamentary system based on the western model is suited to the Third World countries. Majority of people who do not know how to read and write, they argue, can hardly know how to vote.

Popular elections often bring incompetent men to the top and the division of party breeds corruption, they contend. What is worse, the system of perpetual party warfare which is in full swing in Jinnah’s Pakistan obstructs the business of government.

They point to the dismal results of the last 10 years. The pace of social and economic change has been far to slow, it picks pace only in the government’s claim, and governments in most of the underdeveloped countries have failed to come to grips with the problems which face the ordinary people.

What they say is no doubt true to some extent but it is pertinent to remember that any alternative to democracy in no way guarantees integrity of efficiency in the administration and also lacks even the saving merit of the regime which is based on the suffrage of the people. Leave it to the people to find out, by trail and error, who is their best friend.

The people can peacefully get rid of democratic governments which have failed to keep its promise; they can overthrow a dictatorial regime only through a violent revolution. Those who feel sore over the ills from which democratic regimes suffer should be wary, therefore, of suggesting a cure which is likely to undermine the democratic structure of the state.

The people can at least raise their voice of protest against the injustices of a democratic government; they can only suffer (that the people of Pakistan have been every now and then) in silence the tyranny of a regime which is responsible to no one but itself.

MOHSIN LARIK
Taxila

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Congress and Pentagon report


On January 28, President Bush signed a defence authorisation bill that provides as much as $75 million worth of equipment, supplies and training to ‘build the capacity’ of the Pakistan Frontier Corps, the paramilitary force.

The US Congress now stipulates that by March 31 the Pentagon must give a report that provides details on the Pakistani government’s efforts to eliminate terrorist havens and block cross - border movement of Al Qaeda and Taliban forces along the Pakistan - Afghan border before it decides to release further funds.

The ground realities do show that Pakistan is utilising the aid received in fighting terrorism. The stipulation by the US Congress does not help matters. The Pakistani government is utilising all the received funds in combating terrorism. This stipulation by the Congress shows a lack of trust in Pakistan, which is not fair and, above all, shows that we are not doing our job. That is far from the truth.

All the funds allocated do show how our forces are actively involved in fighting the grave menace of terrorism. Pakistan has made a substantial and sustained effort in achieving the efforts in combating terrorism and Congress should realise these facts and not hamper our process. This stipulation is unfair in my view.

SARDAR ALI
Peshawar

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Lapses in SPSC


Sadly enough, the SPSC has issued a third consolidated advertisement No.03/2008 dated Jan 29, inviting applications from the eligible and deserving candidates of Sindh for the posts of mukhtiarkars (BPS - 16), in the Board of Revenue, Sindh, and Assistant sub - inspectors (BPS - 9), in police/home department, fixing the challan fee of Rs500 for the post of mukhtiarkar and Rs250 for ASIs, respectively.

The SPSC has further mentioned that those candidates who had already applied for the posts of mukhtiarkars through its earlier advertisement No.02/2005, dated March 31, 2005 and No.02/2006, dated Nov 21, 2006, being eligible in all respects and whose applications were previously admitted, need not apply.

It is imperative to note that most of the candidates who had already applied through the SPSC advertisement No.01/2007 dated Feb 14, 2007, and in the year 2005/2006, for the cited posts have fallen within the realm of overage. Is this not sheer injustice and utter disappointment for the applicants?

My question to the Commission is that whether these frustrated overage individuals will be refunded or allowed to go in for the test, because the commission has fixed the age limit Min: 21, Max, 28 years, for the all categories.

To my great dismay, soon after the military took over in 1999, the SPSC had lost its credibility when it had conducted the Combined Competitive examinations only in 2003. However, the fact is that it is supposed to hold such examinations annually as being done by the Punjab Commission. The Punjab Public Service Commission is quite meticulous in holding the examinations annually, selecting the deserving candidates purely on merit.

The reason that I am compelled to mention all the solid facts is it has been very long since the SPSC has been playing with the sentiments of the already enormously dejected individuals, particularly of Sindh.

What will be the situation of those poverty - stricken and hand - to - mouth candidates who have borrowed money on interest and paid the required fees to the SPSC in order to clinch the jobs? Ironically, the SPSC postpones the vacancies citing reasons of unavoidable circumstances, adding to the miseries of the already aggrieved candidates.

Recently the governor of Sindh has replaced all the members and the chairman of the SPSC with a new team. Let’s see what role the commission will now play. Whether it increases the grievances of the unemployed candidates or assuages their sorrows and sadness selecting the efficient ones on merit, time will tell.

MIRANI RASHEED
Old Sukkur

Top



Suicide bomber


I WOULD like to bring a very serious incident regarding the security situation of our country.

A friend of mine was driving down Sharea Faisal two days back when he was hailed by a man on the roadside to drop him at the nearby fuel pump. He said his car had broken down.

My friend stopped and the boy hopped into the car. A few yards down the road, he opened up his jacket and told my friend that he was a suicide bomber and wanted him to crash the car into a Rangers jeep.

He forced my friend, very frightened by the situation, to drive around and look for any Rangers car that they could crash into. All the time the stranger kept telling my friend that he should be happy to be transcended to Heaven after the blast.

Luckily enough, my friend ran out of fuel and so the boy alighted from the car and ran away. My friend is shattered by the experience.

We are certainly up against a difficult time these days and should be on our guard for any untoward incident.

A SHATTERED SOUL
Karachi

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In the line of fire


IN a recent police raid in Shah Latif Town, two police officials sacrificed their lives in the line of duty to protect innocent people from terrorists. Since last year, the police and the innocent common man have sacrificed their lives for the country either in the line of duty or just being targeted by terrorists.

It’s the duty of the nation to take care of their families. It’s time Edhi or Ansar Burni came forward and announced some sort of fund to which a common man can contribute to support their families.

M.A. NOOR
Karachi

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An opportune moment


A HUNDRED senior retired military officers signed a petition asking President Musharaf to resign. The army has increased its activity against terrorism.

These two steps have reduced the army’s embarrassment highlighted by Mr Musharraf’s clinging to power at all costs.

The upcoming Feb 18 election needs to be fair and should also be perceived as fair, which is not possible with Mr Musharraf remaining at the helm of affairs.

A window of opportunity has arisen for the army to further improve its image and gain popular support by asking Mr Musharraf to resign and and reinstating the deposed chief justice.

The election will then be perceived to be transparent.

I. H. MAHMOOD
UK

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Death of an icon


THIS is apropos of Aitzaz Ahsan’s article, ‘Benazir Bhutto as I knew her’ (Jan 29), wherein he has rightly described three most prominent attributes of Benazir Bhutto, i.e. constant urge to reach out to her people, willingness to take on Herculean challenges and her ability to forgive, even embrace, her enemies: a quality which certainly makes her taller than the rest of her contemporaries.

The assassination of a leader of such stature, who besides having a following in all provinces championed the cause of the underprivileged, was a calamity of colossal proportion. It not only brought deep grief and a sense of alienation to every household of the nation but also caused a serious blow to aspirations of democracy-loving majority of the country, the country which is already mired in deep political schism, religious bigotry and socio-economic instability.

Her intellectual height, eloquence, enlightened outlook, secular image, political acumen and indomitable spirit to fight back against every odd, which she displayed amply in the dark and dreaded days of Zia’s martial law, earned her laurels in the world.

That is the reason why repercussions are being felt through the length and breadth of the country on account of an unbridgeable void created by her shocking departure from the scene.

At the prime age of 54, the hands of murderer have snatched her when she intended to deliver from the clutches of unscrupulous and self-imposed ‘leaders’, leaving the masses mourning perpetually. The loss is incalculable, not only for Pakistan and South Asia but for the entire world which will feel the impact of untimely departure of this epitome of moderation and vision in times to come.

Thus, with the departure of the great ‘Daughter of the East’ begins the end of an era of enlightenment, of moderation and of religious toleration she was striving to bring in this unhappy land of the pure. Aitzaz Ahsan was not unfair when, concluding the article, he addressed her, saying: “Himalayas wept at the death of your father. The world weeps for you.”

DR ALI AKBAR M. DHAKAN
Karachi

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Educated illiterates


I READ with despair and utter saddness the news captioned, ‘Illegal construction by NED retroactively okayed by government’ (Jan 30).

If a renowned educational institution with all literates can use influence to do illegal work, what can we expect from the illiterate? I guess the term for such people is ‘educated illiterates’.

I suggest that parents should boycott and not send their children to this institution.

ATIF AZIZ AHMED
Karachi

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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




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