| May 22, 2008 | Thursday | Jamadi-ul-Awwal 16, 1429 |
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…. and Nero is playing
Cellphone stalker
Moving the clock
Rescuing our detainees in India
Economic advisory council
Cheating in exam
Majaaz postage stamp
Rubbing salt in the wound
Mob justice
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
IT is unfortunate the PPP and the PML(N) are still unable to work out the modus operandi for the restoration of the deposed judges. It appears as if the Bhurban Declaration was aimed at gaining time for letting the agitating issues of price spiral, electricity outages, poverty, unemployment, and law and order simmer down.
It is hard to believe that legal brains of the two parties did not know that the deposed judges could not be restored through a resolution of parliament. The PML(N) probably baled out the PPP, though in a dubious manner, and provided it breathing time to tackle other gigantic tasks.
After listening to eminent lawyers, political leaders and commentators on TV channels and reading articles in newspapers, I have come to the conclusion that the deposed judges’ restoration is next to impossible, either by a parliamentary resolution, an executive order or a constitutional amendment.
The hurdle in the way is the validation of the Proclamation of Emergency (POE) of Nov 3, 2007 and the orders passed under it in the name of the COAS and President of Pakistan. The judges were removed under the POE. Once the Supreme Court has validated the POE and the orders passed under it, it can only be the SC bench that can review the earlier validation and pass a new judgment invalidating the removal of the judges.
In such a situation, the SC and high court judges will be restored to their respective positions of Nov 2 and the judges appointed thereafter will revert to their previous positions. Neither parliament nor the executive can overturn the validation of POE by the SC.
A constitutional amendment cannot by itself restore the deposed judges and revert the new judges against the verdict of the SC. Moreover, a constitutional package, reportedly being worked out by the PPP government, will certainly consume a long time in preparation, developing consensus among the stakeholders and its passage by both the houses of parliament, especially when it is going to affect the existing powers of the president and, maybe, of the judiciary, too.
The way out of the crisis is to let the president issue fresh letters of appointment of the deposed judges with retrospective effect from the date each of them was appointed in the position he held on Nov 2, 2007. The new judges appointed under the POE may remain in their present positions and the post - emergency chief justices may become ordinary judges by virtue of the induction of the deposed judges, wherever applicable.
Alternatively, the government may transfer the affected chief justices to other positions in the government or elevate them to the SC.
The Chief Justice of Pakistan, Iftikhar Mohammad Chaudhry, is also not likely to be a big threat to the powers that be when he is surrounded by post - emergency judges. The PPP and the president are likely to be more comfortable in such a scenario, though it might not suit the PML(N).
The Bhurban Declaration, however, requires only the restoration of the deposed judges and not the removal of the post-emergency judges as well.
As we already know, hundreds of thousands of cases are pending in the superior courts for years together. The additional judges will certainly help in disposing of the pending cases expeditiously.
The extra cost of additional judges will be worth spending for the benefit of our have-nots.
The strength of the Supreme Court and high courts can ultimately be adjusted with the retirement of the existing judges over the coming years.
Parliament may amend the relevant laws to accommodate the additional judges for the time being. This can be done in a single day by the vote of a simple majority in both the houses.
MUMTAZ A. PIRACHA
Karachi
THE survey of public opinion by a newspaper tells us that our nation, if it is a nation – our ex - chief minister of Punjab Mairaj Khalid called it a crowd, not a nation – is chiefly worried about the prices of essential items skyrocketing and, as one Muzaffar Din said, nobody is asking a question. When Rome was burning, Nero was playing his flute! Pakistan is burning and our Nero is playing his flute! It happens. Any objection?
Yes Mr Din, nobody will ask a question. In a short history of 60 years, this has been a hallmark of our governments which never nip the crime in the bud. It is true that man has been born free.
He is free and has a right to abide by or stand firm on his beliefs, faith and his cherished family or tribal traditions. Therefore, our people, 65 per cent of them illiterate and ignorant, consider all their criminal or rebellious activities as their religious right.
Some misguided religious fanatics of the NWFP’s tribal belt have made it the hub of criminal activities by local and foreign Taliban and other fighters from different countries. The reason is that our rulers never thought of stamping out the insects.
We let them grow into monsters by our inaction and neglect. What maulvis did in Lal Masjid? The government’s leniency let the mosque turn into an arsenal and maulvis, mullahs and students into religious rebels. The armed rebellion in Waziristan and Swat is also the result of the government’s lukewarm action.
We have to act as a nation and the government has to be firm to weed out the crimes. The biggest crime nowadays is spiralling prices. Whoever is doing it should be squarely and ruthlessly punished. Do you think ruthlessness is offensive? The rising prices are not ruthless – squeezing the poor?
The government would do a right thing, if it does, to fight the evil of rising prices as ruthlessly as the profiteers have cruelly sucked the blood of poor and common people. No mercy or leniency should be shown; because if shown, they can commit even bigger crime by raising flour prices to double – and you would not be able to do anything.
M.K. NAQVI
Karachi
Everybody is talking about freedom of speech, expression, legislature and judiciary these days but I am forced to reflect if all that really matters.
Words like ‘judiciary’ and ‘legislature’ are mere decorative words for the common man.
They have no real interest in what the law courts are going through or what the government is up to. They want the right to live reverentially. They, as taxpayers, want this government to be accountable in return.
For example, for about two weeks I have been receiving expletive-laden text messages from a certain number. My first instinctive decision for defence was to ignore the matter. When I realised that this measure is all but providing the rogue with more confidence, I decided to take him to task.
I launched my complaint against the number (0332-233-410-1) on May 7. The representative assured me that my problem would be solved and a warning is to be sent to the delinquent. However, I still kept receiving uncouth texts and disconcerting calls. Finally, I called the company again on May 14 and spoke to a representative who conveniently hung up the phone in my face, declaring “an official complaint has been launched and that there is nothing more he can do about it”!
My question to the company or to any such body is, why exhibit a ‘customer care’ unit if this is the help that is to be provided to a consumer? Why is eight to nine per cent of tax deducted from a regular card top-up when the consumer is not to be helped whatsoever? Why is this company not held accountable for all the tax it is accumulating?
We, the public, cannot care less as to who is going to be the next ‘head’ of the state. What we do want is riddance from everyday catastrophic encounters of harassment with the traffic police, the general police, stalkers (physical, cellular), green-plated assaulters and others. We want safe existence and equality of rights.
SARA VAZIR
Karachi
This is with reference to the letters to the Editor on May 16 concerning advancement of clocks by one hour in Pakistan. Both the writers of the letters on the subject have not given any scientific reason, for writing against the decision to advance the clocks.
The clocks were advanced once earlier also, but alas it was mishandled and the following year on, the clocks were not advanced in summers.
We should have implemented this course of action a long time ago. Like the vast majority of Pakistanis, I too do not agree with the government’s slow policy on judges restoration, which is bringing a bad name to Pakistan all over the world, but the case in discussion is something we need to whole-heartedly welcome. It is proved scientifically that the nation shall save a few billions of rupees in these six months while the clocks are advanced and that too in foreign exchange because our IPPs are run on imported fuel. In addition, it would help loadshedding, which affects mainly the poor, the rich will survive on generators.
The saved money could be spent on roads or on hospitals; a few hundreds of miles of roads could be constructed or a few hospitals could provide the poor with health services. Or it could go in the fuel subsidy, which would help reduce the prices.
It would not affect the rich, as majority of them spend their summers in the cool clime of Europe or America. The actual beneficiary shall be the poor people. We must support advancement of clocks in summers all the way and for all years to come. The democratic government has taken at least one correct decision. They must stand by their decision in the years to come.
SADEED ANVER MALIK KASHIR
Karachi
WHILE the media was busy covering the February election, there was an important piece of information which was not taken note of. I would like to draw attention toward this very important and serious issue.
Last December an Indian lady was caught in Jodhpur, India, with fake Indian currency notes worth Rs400,000 authorities claim she bought from Karachi before travelling through Thar Express.
The Indian authorities suspended all customs staff who checked that lady and transferred the remaining customs staff. Since then new customs authorities at Monabao checkpost arrested many passengers, specially Pakistani nationals, accusing them of carrying fake Indian currency notes. Now for the last one or two months the Indian authorities are arresting innocent Pakistanis accusing them of carrying fake documents (as mentioned in Dawn of May 14).
Further details can be found in Indian newspaper www.bhaskar.com issued from Jodhpur, Rajasthan, every Sunday.
On Feb 15 my brother, Shakir Hussain, who is biomedical engineer by profession, travelled by Thar Express to Jodhpur with his wife and three children to see the family in Jodhpur.
The customs officials said that one note of 500-Indian rupee, out of the total amount of Rs3,000 he was carrying, was fake – though the family pleaded ignorance — and charged my brother with carrying fake currency and sent him to the Jodhpur jail. Three other people were also arrested (later on they came to know that some 80 Pakistanis are in the jail on the same charge).
As all our efforts to contact the Pakistan high commission in India have so far proved fruitless, I request the authorities concerned to raise this issue with the relevant quarters in order to secure the release of the Pakistanis detained in Indian jails on this count.
Also, all other Pakistanis travelling by this train should be properly warned against falling into the trap of carrying ‘fake’ currency notes.
ZAKIR HUSSAIN
Karachi
THIS refers to the news item, ‘Shaukat Tareen convener of economic advisory council’ (May 16), that says the prime minister has constituted an economic advisory council for the formulation and implementation of policies and a reforms agenda to steer the country out of the current crisis.
The committee, which includes deputy chairman of the Planning Commission, Finance Secretary Hina Rabbani, Shahnaz Wazir Ali, Bashir Ali Mohammad, Mian Tariq Saigal, Farooq Rehmatullah, Saleem Raza and Saqib Shirani, is headed by Mr Tareen as its convener.
Incidentally, all members of the committee, including its convener, are experts in their respective fields but unquestionably represent a particular group, i.e. the elite class. Besides, the agriculture sector has been ignored totally as no person from this vital sector has been taken on the committee.
Shaukat Tareen (convener), former president of the Habib Bank, who after privatisation purchased the Union Bank to become its president, which he ultimately sold to assume the chairmanship of Securities and Exchange Commission of Pakistan and chairman of Stock Exchange and, finally, joined the Saudi Pak Bank, was a close adviser of Shaukat Aziz, the former PM, who left the country amidst serious socio-economic crisis.
Such associations apart, what I want to emphasise is that when the government has intended sincerely to make a balanced and people-friendly budget, it is incumbent upon it to include in such a high-level working group at least four experts of the agriculture sector; one from each province, and some independent economists with a thorough knowledge of malice that our financial system is suffering from, apart from the drawingroom ‘financial wizards’.A few such persons of high calibre and eminence that can make this advisory committee a representative body are Dr Qaisar Bengali, Dr Shahid Hassan, Dr Akbar Zaidi and Dr Abid Qayoom Suleri.
MANSOOR UL HAQ SOLANGI
Karachi
THIS is apropos of the news, ‘Cheating in exam’ (May 15). It is interesting to note that some of the students caught cheating were supposedly from pre-medical and pre-engineering groups.
I shudder to think if such people are, one or the other way, able to worm their way into professions of their choice, what misery they would heap on the people who will come into contact with them.
No amount of excuses on their part should be enough to condone their guilt. For cheaters it is sheer laziness and about taking shortcuts. I hope that harsh action is taken against them to avoid such an incident.
NAZIR T. ALIMOHAMMAD
United States
THIS is apropos of Daya Verma’s letter (May 20) about Jawed Naqvi’s article, ‘Majaaz the Muslim’. Daya Verma contends that nothing could symbolise Lucknow better than the mosque shown with the poet on the Indian postage stamp.
That’s an easy ruse to promote an idea Majaaz had distanced himself from. Moreover, by Varma’s logic Josh Malihabadi’s stamp should carry the image of a mango and Majrooh Sultanpuri should be shown with a mahua tree.
ARVIND SINHA
Lucknow
KAMRAN Shafi’s column ‘Shame all around’ (May 20) is like rubbing salt in the wound. Instead of condemning the act and consoling with the bereaved families of soldiers performing their duty and other civilians who become victim of the gruesome act, he picked up his favorite theme of Army- bashing.
At a time when the nation and the Army have not even buried the victims, it is not only in bad taste but also callous to raise the issue of retail business.
SEEMA ATHAR
Rawalpindi
AFTER the first incident took place in Eidgah, Karachi, in which three robbers were burnt alive by the angry people, another incident occurred in North Nazimabad when two robbers were set on fire by the mob.
In both the cases the robbers snatched valuables from the peaceful citizens.
It has become a common practice that armed robbers snatch the mobile phones, cash and jewellery from the peaceful citizens at gun-point and if the they resist, people are shot dead or wounded from point-blank range.
It seems that law-enforcement agencies have failed in apprehending the culprits and bringing them to justice. Despite deployment of a regular police force, rangers and the community police, the incidents of looting peaceful citizens have increased greatly.
I do not agree with the judgment and on-the-spot executions by the angry mobs in both the cases, but there seems to be no respite for the peaceful citizens who have become victim of everyday robberies.
I myself have become victim of robbery when I was sitting in my car waiting for my family to return in front of a shopping plaza on the eve of Eidul Azha when a tall robber having a long beard came to me.
He took out a pistol and asked me to remain quiet and hand over my mobile phone and cash available in the wallet.
After looking at him, I quietly handed over my expensive cellphone and cash Rs5,000 which was available with me at that time.
The robber than walked towards a person who was already waiting for him on a motorcycle just a few yards away and went away with him.
The next day I went to the area police station and met the SHO.
I narrated the whole incident to the police and described the physical appearance of the robber.
When I insisted on lodging an FIR, an informal complaint was lodged (not an FIR) and a copy was handed over to me duly stamped by the area police station.
The police officials on duty told me it would not be possible for them to prosecute the culprit even if the culprit is caught, as in most of the cases people refuse to identify the culprit(s) in the police station(s) during identification parade. Till date the robber has not been apprehended, nor I have been contacted by the police to appraise me about my complaint.
There have been a number of complaints registered in the CPLC offices and in various police stations, but the question arises: out of thousands of complaints registered in the various police stations, how many robbers have been caught by the law-enforcement agencies and how many have been prosecuted and brought to justice?
If the law-enforcement agencies cannot help the citizens, I fear that incidents of burning robbers alive may increase and possibly more similar incidents may occur in the city and may spread to other parts of the country.
The two different incidents of burning robbers alive are examples that show that out of thousands of cases registered in various police stations, the police failed to apprehend the culprits, and the peaceful citizens were compelled to take the law into their hands, presuming that justice has been delayed which is equally denying justice to the peaceful citizens.
SYED A. MATEEN
Karachi
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