PESHAWAR, Aug 24: The provincial government is considering pushing the controversial Hisba Bill through legislature without addressing observations made by Governor Syed Iftikhar Hussain Shah.

The NWFP Law Department, in a detailed rejoinder to observations made by Mr Shah, said it had re-examined the proposed law and felt nothing that could warrant a change except for changing the nomenclature of Hisba Force and definition of a journalist to be nominated to the Hisba councils.

An official said the summary, containing point-by-point rejoinder, had been sent to Chief Minister Akram Durrani for his consideration. “The chief minister may send the bill again to the governor for his consent. Under the law the governor would have to ascend to it and forward it to the NWFP Assembly for consideration,” the official said.

The NWFP governor had earlier returned the bill to the provincial government raising several questions on the proposed law which human rights activists say infringed upon civil rights and is an attempt at introducing Talibanization in the province.

“There is no such thing as private right in Islam, which adversely affects the society,” the law department said in its rejoinder.

Legal experts and human rights activists say the proposal law is intrusive and could be interpreted to the detriment of individual rights guaranteed in the Constitution.

Of particular concern to them is the setting up of a so- called Hisba Force that would enforce ‘Islamic’ virtues and prevent vice.

“The system of establishment of Hisba can be understood properly only if it is examined in its conceptual perspective,” it said.

“The objectives of Hisba in Islam are to educate and train the society in order to facilitate its reformation. This education and training can only be imparted by promoting human virtues and discouraging evils.

“In Islam the entire Islamic society is individually and collectively responsible for achieving these objectives. “

The government as representative of the Islamic society had to make arrangements both formal and informal, promotional and protective and instructional and demonstrative in the shape of establishing the office of the Mohtasib.

The NWFP government is under pressure from the Nifaz-i- Shariat Council, a watchdog body of religious clerics appointed by the ruling six-party religious alliance, the MMA, to provide guidance for enforcement of Shariat in the province.

In its reply, the law department contended that lack of clarity and brevity in the proposed law was not caused due to its intrinsic worth but due to change of language from English to Urdu.

“The ambiguity in this proposed legislation is not due to its intrinsic worth but it is due to the change of language (medium). Urdu is a language of literature and not of science and it will take some time to attain the standard wherefrom it can respond to the demands of legislation as a medium and replace English in a befitting manner.”

The proposed law has been drafted in Urdu, the second such legislation to be drafted in the national language after the Shariah Act.

Brushing aside criticism that the law was intrusive, the department argued that there was no concept of private rights in Islam which adversely affected the society. Quoting Article 31 of the Constitution, it said, the state had the responsibility to take steps to enable the Muslims of Pakistan individually and collectively to order their lives in accordance with the fundamental principles and basic concepts of Islam.

“Mohtasib being a religious scholar of such a degree that he is qualified to be the Alim Judge of Federal Shariat Court can be the best choice as provided in the proposed legislation to share this constitutional and ideological responsibility.”

Defending the proposed law that provides punishment for non- compliance with the directives of Mohtasib, the department wrote that it was necessary to vest the office of the Mohtasib with such power to enable him enforce orders.

Also, it said, the office of Mohtasib was in support of judiciary and the administration and not in conflict with them.

Admitting that there were laws existing to check mal administration, corruption and deal with other offences, it, however, referred to the NAB Ordinance, which although meant for eradicating corruption, nonetheless was over and above the anti- corruption laws and efficiency and disciplinary rules already in the field.

Responding to the establishment of Hisba Force, the department took the view that it was “nothing but a name assigned to that of the police force which may be provided to the Mohtasib”.

It however, agreed to change its nomenclature from Hisba Police to Hisba Guard or Hisba Muavinat. “Unfortunately, the term police have lost the confidence of the society,” it said. The name Hisba Force, it said, would appear to be more meaningful, operational, inspiring and impressive.

It has also agreed to the suggestion to review the definition of journalists for the purpose of incorporation as member of Hisba Council. Instead of ten years experience required in the original draft, the new draft proposal has defined a journalist to be either a master degree holder in journalism or has experience as journalist for a period of not less than 5 years as editor, reporter, columnist or article writer.