| April 29, 2008 | Tuesday | Rabi-us-Sani 22, 1429 |
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No let-up in killing
Problems of govt employees
Opting for two weekly holidays
University for Shikarpur
Hacking of credit cards
Retaking bomb project
What to gift
Pension
Misunderstanding?
Strengthening democracy
No to minus-one formula
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
IN the view of a layman, parliament and the judiciary are two separate institutions of the state, working independently within the parameters of each under the constitution. Therefore, there is no supremacy of one over the other.
Parliament is there to enact laws without changing the basic fundamentals of the constitution. Parliament frames laws and the supreme court, by virtue of its being the guardian of the constitution, has to interpret it.
Any enactment so carried out in parliament is reviewable by the apex court and if found violative of the constitution, it could strike down such an enactment. Otherwise courts would refrain from intervening.
The present tussle for reinstatement of the deposed judges and any other constitutional package proposed to be introduced would be treated separately. Therefore, the future independent judiciary after reinstatement of the judges will have the paramount right to review such a package and give its denouement which would be binding on parliament.
Further, former Supreme Court judge Fakhruddin G. Ebrahim’s constitutional package as regards the reinstatement of judges, as learnt, provides sending home all judges of superior courts who have taken the oath under the PCO. This would bring forth many a predicament. Therefore, it would be sagacious to suggest that those judges who existed prior to Nov 3, 2007 and had taken the oath under the controversial PCO be recognised but all the subsequent newly-appointed judges to the superior courts should be sent home. Thus this would balance the number of judges as required under the Constitution.
As to the federal law minister’s ascertainment that the government proposes to introduce a package legislation in parliament barring the judges from validating any military takeover would not be tenable as a martial law order could send home all those judges which desist from validating its takeover. There would be many opportunists in waiting to be inducted into the superior judiciary.
It is felt in certain quarters that if Pervez Musharraf is pushed to the wall, he may use Article 58(2)b to dissolve the assemblies and sack the government and order fresh elections, though this action will be subject to review by the apex court (now manned by the PCO judges, a creation of Pervez Musharraf).
A Pandora’s box could be opened by the president by going to the present Supreme Court seeking to forestall the reinstatement of judges by bringing to its notice that this matter has already been decided by it and stands res judicata.
Let us beware that Pervez Musharraf’s legal adviser, who is meeting him constantly, may advise or ill - advise him on this count. Let us, therefore, hope that this issue is resolved genially so that democracy may not be derailed. Sacrifice to some extent is needed for the sake of national interest.
SAIFUDDIN E. CONTRACTOR
Karachi
MARDAN is being targeted by bombers of Tehrik-i-Taliban Pakistan (TTP) – a movement to Talibanise Pakistanis, especially the Frontier’s people with little or no education. Ten police stations of Mardan district have been attacked already, and the bomb attack on April 25 is the 11th.
It is intriguing that it is specially targeting police officials, in Lakki Marwat. They blew up DSP Javed lqbal on Feb 29 in the morning and also killed 42 of his grieving friends in his afternoon funeral.
The March 2 peace jirga in Darra Adam Khel which was also attacked lost 38 peace makers. Funeral and peace jirga attendants were killed. Didn’t they want the dead buried or peace efforts be made?
Earlier we had heard that the TTP has announced a unilateral ceasefire in the spirit of reconciliation and cooperation with the newly - installed government. This idea of ending the senseless killing and murders – and then the revenge killing thereafter – may have come from the rest of honourable, educated and knowledgeable people of this otherwise peaceful and hospitable province.
Maulvi Umar, the spokesman for the TTP, has claimed the responsibility for the April 25 killing in the Mardan police station. Didn’t he realise that by so doing he has authorised the authorities to lodge FIRs and cases which become difficult to ignore when cooperation and reconciliation is decided upon.
If the TTP has been taken as a force to reckon with by the government, its gesture of goodwill would be responded in equal terms, the TPP would be expected to do something else too. To reciprocate the government’s leniency, it should apologise to the nation, make the losses good and undertake not to terrorise the people as it has been doing so far, and also distance itself with Pakistan’s internal and external enemies. A piece of advice. It is better to hold hands than to cut them. If you have differences and grievances, talk to authorities. You have a right to protest too; but it should not be violent. It begets terrorism.
So, as from today, hang your weapons – or better still, hand them over to the government functionaries and pick up the pen. All great men, including Khushal Khan Khattak, said: The pen is mightier than the sword. A greater man had said earlier: The ink of the pen is holier than the blood of a martyr.
M.K. NAQVI
Karachi
I WOULD like to bring the following problems of federal government employees to the notice of government:
1. Employees were granted the next scale of pay on completion of 15 years of their service through the ‘moveover’ scheme but this scheme was ended by the previous government.
2. In practice, all ad hoc and additional allowances of the pay used to be merged in the basic pay of the employees on recommendations of the Pay and Pension Committee but these allowances stand frozen, and not merged in the basic pay of the employees.
3. Employees were granted selection grade of their respective scales but this facility also has been taken away.
4. The employees have the facility of ‘hiring accommodation’ in big cities according to their pay scales, but the rising cost of living has made the rent prohibitive. Property owners demand a very huge amount as advance, and expect rent which a government employee cannot afford. Hence the accommodation problem lingers on.
In view of the above, the moveover scheme may be restored. All ad hoc and additional allowances, granted from time to time, may be merged in the basic pay and then a reasonable increase may be granted keeping in view the present price situation. Moreover, government employees should be granted the selection grade as in vogue in the past.
All employees who have neither government accommodation nor hired accommodation, the amount of the ‘hiring’ may be adjusted in their salary as per their entitlement. Salaries of the employees may be raised in proportion to the increase in prices of commodities.
MEHAR ALI BANGWAR
Karachi
THE idea of adhering to two holidays, i.e. Saturday and Sunday, is in keeping with the norms of international community. But in Pakistan we have different system altogether. Some organisations observe two holidays, others observe Saturday as half holiday, still others observe Friday as half holiday. This is all hodgepodge.
If the government takes the bold step to observe two holidays, the following visible benefits will accrue:
i) We will open and close business with international community which will amount to keeping in steps with the world.
ii) It will save many valuable assets, e.g. electricity, fuel, gas and water, which are also scarce commodities.
iii) People will be saved from the agony of driving on Saturday through traffic gridlock.
iv) It will have a salutary effect on their behaviour and general conduct.
v) It will save indirect expenses, e.g. use of telephone (personal/ official) by the employees of an organisation.
vi) Additional expenses in the shape of tea, lunch, entertainment, etc, will be eliminated.
vii) Discipline will improve, people will tend to attend office regularly.
viii) Numerous invisible benefits will add to the overall betterment of government/organisation/community.
ix) What all government/ organisation can do is that it can distribute the lost working hours proportionately over the five working days.
Due to the ever increasing price of fuel, people will have the option of saving on account of fuel consumption/fares of public transport. The closure on Saturday will provide people a chance to shop, attend to their medical/ other problems.
A CITIZEN
Karachi
THIS is apropos of a news item (April 12) wherein the Sindhi Adabi Sangat, a literary organisation, has appealed to the government for establishment of a university in the walled city of Shikarpur, which incidentally is the protected city under the Sindh Heritage Act 1994.
Apart from its cultural richness, Shikarpur was once the most important learning seats of the subcontinent, which is evident from the opening of a primary school in 1836, high school in 1874, Hopeful Academy 1901, Girls High School in 1933, C&S Govt College, Girls College and students hostels to accommodate students coming from surrounding towns and villages of Shikarpur, which was one of the only three districts, besides Hyderabad and Karachi.
The rich educational environment of the city promoted the cause of education and led to the rise of many scholars, poets, politicians and scores of eminent personalities who have served and are serving the country.
I fully support the move for establishment of a Shikarpur university which will go a long way in facilitating the students of upper Sindh to acquire higher education in the proximity of their place of domicile.
I, therefore, appeal to the prime minister, the governor and the chief minister to consider this demand as early as possible.
NASREEN A. MUGHAL
Karachi
THIS is with reference to Mrs Farah Gazdar’s letter as regards hijacking of credits cards(April 23 ). The Consumer Protection Council of Helpline Trust has launched a campaign against the misuse of credit cards and the apathy of the banks in failing to redress the complaints.
We request Mrs Gazdar and other consumers to visit our website: www.helplinetrust.org, and register their complaints against substandard products and services.
MRS FARKHANDA AHMED
Trustee, Helpline Trust
Karachi
IN his article, ‘Retaking bomb project’, Cyril Almeida has lambasted the secrecy with which Pakistan’s nuclear bomb project has been treated (April 23). He has particularly emphasised that two of our prime ministers, Benazir Bhutto and Nawaz Sharif, were not allowed access to the secrets of this undertaking.
One would like to point out several important factors that would have necessitated the keeping of this project under wraps. The amount of secrecy required for such a crucial venture depends on the geopolitical situation of the country.
Thus, in spite of the widespread knowledge that Israel possesses hundreds of atomic bombs, the country has never publicly acknowledged their presence, under a deliberate plan of ambiguity, to ward off certain political and military difficulties, such as western sanctions. Yet, it doesn’t hesitate to steal nuclear and military secrets from the US (April 23).
In addition, it is well-known how paranoid the West has been about the so-called ‘Islamic Bomb’ and the hurdles it tried to create in Pakistan’s acquisition of the requisite technology, equipment and components. Concealing our operations was thus of paramount importance. We all are witnessing today how Iran is being hounded regarding its uranium enrichment programme.
Yet another thing that did not help matters was Benazir Bhutto’s alleged moves to roll back our nuclear programme at America’s behest. In his article, ‘Agha Shahi, my mentor and friend’, (Sept 21, 2006), Dr Maqbool Ahmad Bhatty, a former ambassador, had written:
“In the 1990, when one elected prime minister showed an inclination to yield to US pressure for rolling back our nuclear programme, he (i.e. the veteran ex foreign minister Agha Shahi) mounted a campaign of contacting responsible persons, like the president (Ghulam lshaq Khan), chief of army staff (Mirza Aslam Beg) and others and succeeded in preventing that from happening.
While Dr Bhatty didn’t name the prime minister concerned, but the two persons who donned this mantle in 1990 were Ms Bhutto and Nawaz Sharif and it is obvious Mr Sharif was not the one under discussion.
Thus, the army’s fears that Benazir Bhutto would not be able to withstand Washington’s pressure regarding the nukes was vindicated at that time and also by her willingness last year to let Dr A. Q. Khan be interviewed by the IAEA, while hinting that the western powers may be allowed to do that later on (Dawn, Oct. 13, 2007).
Nawaz Sharif, on the other hand, did manage to authorise the 1998 nuclear tests in response to the Indian ones. That is perhaps one reason he was taken on a tour of the Kahuta laboratories during his premiership. However, if the statement attributed to him, as cited by Mr Almeida is correct, even he was given only a limited amount of exposure regarding the project.
However, it isn’t the military establishment alone that has been averse to outside interference in our strategic affairs. Even the ordinary Pakistanis resent American or western meddling, in general, which is an important reason why President Musharraf has become so unpopular, since he is perceived as being too subservient to Washington’s dictates. Thus, it is imperative to retain the secrecy of our nuclear establishment, as has been learnt from past experience.
IBNE INAYAT
Karachi
MY 16-year-old son is appearing for his matriculation examinations these days. To encourage him to pass his examinations with excellent grade, I thought of promising him to gift him a cellphone.
But with the ever-increasing cellphone snatching incidents in Karachi these days, most of which go unreported, I thought not to present him a cellphone and risk his life.
My next consideration was to buy him a motorbike but as reported in your newspaper (April 24) that a student of Class X while returning home after his matriculation examination was intercepted by two youths in Lyari who tried to snatch the motorbike from him. The student resisted the robbery attempt and the scuffle resulted in a shootout in which two schoolgirls, aged six and eight, were killed.
The new government is in place but the law and order situation in Karachi and elsewhere in the country is getting from bad to worse. If our prime minister, Yusuf Raza Gilani, can order the release of deposed judges through verbal instructions, why can’t he question those responsible for maintaining law and order in Karachi? The present government will not last long if the law and order situation continues to deteriorate.
M. RAFIQUE ZAKARIA
Karachi
IT is a matter of great concern that EOBI pension-holders should get a paltry sum of Rs1,500 a month. This amount of pension is not sufficient for their subsistence, and should be raised to at least Rs5,000.
SYED ASLAM HAIDER
Karachi
HIS is apropos of a clash at the border after ‘misunderstanding’ . It is time something positive was done to stop continued killing of our troops by ‘misunderstanding’. This misunderstanding, in the absence of proper and suitable response, would be injurious to the morale of our troops.
KHAN A. SHAMSHAD
Karachi
THE anti-democratic forces are active today, for they do not want democracy to take roots in Pakistan. These forces are for the rule of the establishment which is headed by the military elite, backed by intelligence services.
Violence is a lethal tool that anti-democratic forces like to use, for it creates chaos, fear and confusion among people, and gives legitimacy to military intervention. Like the terrorists, these forces strive for power at all costs.
What happened in Karachi on April 9 was a scene from the most gory film imaginable. Tragically, however, it was a reality – a reality of armed men well prepared with chemicals to burn to death fellow human beings; equipped with locks to trap fellow human beings so they may not escape the flames that were to engulf them.
And these men, right now, are sitting somewhere in Karachi. They could be laughing, relaxed and wallowing in their own inhumanity. They are not alone, there are those behind them who directed them to unleash their…
These men must have wives, sisters, mothers, and children perhaps. Do their family members know these demons amidst them? Maybe not, then maybe they know but are too horrified to mention it to anybody.
The demons have to be resisted, as all such creatures have been resisted around the world. Of course, the cost of lives, destruction , tensions and insecurity would be there.
Civil society of Pakistan has a great role to play. It has to strengthen its linkages with all democratic forces. A war has started. Victory will be of justice and democracy. Long live Pakistan
KAUSAR S. KHAN
Karachi
THIS refers to the news, “Bhagwandas rejects ‘minus one’ formula” (April 24). I strongly support the notion of Justice (r ) Rana Bhagwandas where he has clearly expressed his genuine and symbolic concern that the idea of formula one equates the endorsement of dictatorial step.
I personally believe that it shall also give an impression to the country and the people abroad that even after a great battle the judicial journey could not end in favour of the nation’s interest, and the decision made by one man is imposed on the 160 million people of Pakistan.
Not only that, such a decision would also give a clear verdict that Pakistan and Pakistanis are still under the clutches of the dictator’s influence.
Despite returning to democracy, we cannot be called a true democratic country until our judges are restored without any recourse to ‘minus-one formula.
FAZAL QADIR MEMON
Member, Sindh Bar Council,
Hyderabad
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