Mohammad Ali Jinnah, founder and maker of this nation, Pakistan, was a man of perception and prescience. On August 11, 1947, three days before the country came into being, he told its future legislators one hard home truth (not that anyone was listening) : ". . . the first duty of a government is to maintain law and order, so that the life, property and religious beliefs of its subjects are fully protected by the state."

That they were not listening is borne out by the fact that six months after he died, in March 1949, they wilfully negated all he stood for, brought in the 'objectives resolution', and made it impossible for the state to exercise full protective powers. This, in fact, opened the door to the abuse of protective powers, an abuse that continues to this day.

The tanker Tasman Spirit lies wrecked at the entrance to Karachi's harbour. As frustrated as he should be, the owners' Kapitaan-Enginere, Tryfom Giorgios Kalaitzakis, met me last week. 'You are sheeponer, you tell me, why for I am here, cannot go to Greece ? Under what law and for why?' he angrily asked in his Graeco-maritime English which to the likes of me is fully comprehensible. Kalaitzakis is a marine superintendent who works for the Brothers Adamantios and Spyros Polemis, the virtual owners of the ship which ran aground on July 27, over six weeks ago. He flew into Karachi three days later.

He does not understand how the law works in this country with its 'restored' democracy and is unable to fathom out where a man's liberty begins and ends with laws administered by 'democrats' unfamiliar with democracy, supervised by a military dictatorship. As an illustration of the application of law under the first of our democratic dictatorships, I told him an old tale of how the law operated under the Constitution of 1973 promulgated by Zulfikar Ali Bhutto, the first civilian martial law administrator to rule under the guise of democracy.

One afternoon in February 1976, three station house officers of the Clifton, Frere and Civil Lines police stations came to my house and asked me to accompany them to the Civil Lines police station to be 'questioned'. Summons or warrants they had none. They were asked to have a cup of tea and go in peace. No, politely and respectfully they suggested I call fellow Parsi Nusserwanjee Ogra, known to us all, who was familiar with police operations and would be better able to explain the situation.

Ogra arrived with his 'explanation'. 'Uncle, they respect you. Not one but three have come to accompany you. The State has no case against you right now, but if you do not go with them, they will plant a bag of hash in your compound during the night and by tomorrow you will have to face a substantive charge. These men are merely following orders.'

So off I went to be questioned and to spend a few days at the police station before being escorted to Karachi Central Prison. It transpired later that I had referred to Bhutto as a 'rotten man', the adjective had been duly embellished as it was passed along, and a furious prime minister had ordered : 'Jail the man.'

After 72 days of incarceration I was warned 'don't do it again' and released. Later a DO letter dated July 20 1976 was issued by Muhammad Khan Junejo, home secretary, government of Sindh, addressed to the district public prosecutor, Karachi : "Subject : Withdrawal of case. The provincial government of Sindh have been pleased to order withdrawal of the case registered under section 16 MPO at Civil Lines Police Station against Mr Ardeshir Cowasjee. You are requested to please move an application u/s 494 Cr.PC before the assistant commissioner/SDM Civil Lines, Karachi, where the case is pending for its withdrawal and report compliance."

What charge, what case asked a puzzled DPP. Junejo produced two other documents. One, as recorded in the Court of the AC & SDM Civil Lines :

"An information report of the Special Branch has been received through higher authorities according to which Mr Ardeshir Cowasjee, ex-Chairman PTDC, was indulging in activities [prejudiciail] prejudice to Public Safety and maintenance of Public Order in Karachi. This information discloses offence falling u/s 16 of MPO. Offence cognizable and non-bailable, a case is being registered on behalf of the state and being investigated." (February 16 1976.)

The second, a charge sheet 12/76, in Case No.107/76, of February 20 1976 : "Brief facts of the case are that : An information report of the special branch has been received through higher authorities according to which a closed door meeting (10-12) was held at the residence of Mr Ardeshir Cowasjee on the night of 5th and 6th February 1976. The participants included some old employees of the Shipping Corporation and the Karachi Shipyard. Mr Ardeshir Cowasjee addressing the participants assailed the nationalization policy of the present government and charged that the underlying object of this policy was to further exploit the labour.

"He told the participants that when the management of the shipping concerned was under his control, the condition of the employees was far better as they were not only better paid but also looked after well. He alleged that the government was making misleading propaganda as to the benefits of the nationalization policy whereas in actual fact it was sucking the blood of the labourers. He said it was high time that the labour community woke up before it was too late.

"He asked the participants to rise to the occasion and start their work immediately. He told them that the best way to achieve quick results was to attack government official, burn government properties, and indulge in acts of sabotage whenever they get an opportunity. In the end he told the participants that so far as he was concerned he was prepared to finance their mission and to start with he was placing at their disposal a sum of rupees ten thousand immediately.

"From the investigation of the case and statements of witnesses, the charge has been proved against the accused u/s 16 MPO, hence charge sheet is being submitted for kind perusal and trial." (February 19, 1976.).

So, my advice to the good superintendent, advice from a man familiar with the protective laws of this odd land, from a shipowner whose ships were nationalized in 1974 by the man who jailed him, and from a former handler of ships owned by Stavros Livanos, Kulukundis, Goulandris, Lascaratos, Nomikos and other Greeks of the sea : 'Keep calm, swim with the tide, make the most of your five-star detention. If you agitate and frustrate your captors, they may jail you and your 15 men 'detained' with you in the hotel. If you and they must come to Pakistan, be well prepared to face the perils of its seas and its shores.'

e-mail: arfc@cyber.net.pk