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The Illegality of Legalities
The ruling elites here often become destructively, intransigently and obdurately transfixed on issues like, the ’re-election of president in uniform’, ’writ of the state’, ’sovereignty’ ’fight against terrorism’ or ’fixing up people’ at the expense of governance. Pursuing these goals obsessively they simply forget their obligations to the people. They simply become obsessed with prolonging their misrule and the rest of the world can go to hell as far as they are concerned. The other day Chaudary Aitzaz Ahsan was thrashing it out on TV with the new AG Malik Qayyum, the latest gift of the ‘General’ to the hapless and unfortunate people, regarding the legality of re-election of the General in uniform by these spineless and superfluous assemblies. I was truly surprised at the futility of the exercise; not because Aitzaz Ahsan was unconvincing or that he didn’t understand the finer points of the issue but because hoping that the General or his coterie will see reason is wishful thinking. For one they are more than convinced about his indispensability (certainly for themselves) and his right to rule and that they have plenty of loop holes in laws to achieve their aim. They have Amendments and Ordinances in their legal arsenal with which they can create the unheard of legal precedent, the re-election of a General in his second skin as the President; a step which is blatantly more illegal, ridiculous, farcical and bizarre then its occurrence the first time around. They have the capability of promulgating more Ordinances and Amendments to prolong the agony of the people. With Benazir dying to once again dazzle the corridors of power with her patience beads and Oxford accented Urdu one an see her supporting an Amendment helping out the General. The readers would think that I am letting my imagination run away with me when I say that the politicians here are capable of coming up with ordinances and amendments which would sanctify Musharraf’s rule for an indefinite period in uniform. I ask them to look no farther than the 17 th Amendment and the switching of loyalties during Nawaz- Ishaq Khan tussle in 1993 and the following patch-up between Ishaq Khan and Benazir. The politics practised here are as promiscuous as the politicians; they accept whosoever is wielding power. The breed found here would shame even the members of the oldest profession by their brazenness and shamelessness. I will narrate an anecdote which I hope will not be considered to be in bad taste and more importantly not be misconstrued that I in anyway want to demean the practitioners of the oldest profession because I think it is only the politicians of easy virtue who truly deserve scorn, ridicule and contempt. During the long exile of the Marri people in the hinterlands of Kabul and Helmand provinces of Afghanistan through the 70s and 80s, people occasionally had to visit Kabul for treatment, etc. Once a young man who had gone there decided to visit the haunts of oldest profession on Jada-e-Maiwand and settled the terms for the services sought. It is interesting to note that the beard that Marris sport in eyes of unversed resembles that of the Sikhs. A small digression of historical importance; the Brohis have shorter beards because once when Naseer Khan the Great was in a battle with Sikhs and a Sikh was about to strike him from behind was stopped by another Sikh who thought Naseer Khan was a Sikh as well. Naseer Khan was hurt because he was considered a Sikh and hence deprived of Shadat, he then ordained that the Brohis keep shorter beards. To come back to the anecdote, the lady who had agreed hadn’t seen Marris before and there was a sizable population of Sikhs in Kabul thought he was a Sikh. So she inquired to which he jokingly replied in affirmative. The lady said she would on no account agree to bed with a Sikh because it was against her values. This lady certainly had values which made her discriminate and choose her customers. This lady had values which our politicians lack as is proved by their compromises and deals. With politicians devoid of values and ethics that even members of the oldest profession adhere to, the fate awaiting the people is a foregone conclusion. It is certainly curtains for them. Moreover US, the Mafia Don, are always ready to condone all illegalities which it thinks will benefit them. They condoned the annulment of elections in Algeria and now have encouraged Mahmoud Abbas to exclude Hamas from elections. US will not hesitate to support a president in uniform; in fact they would support a president even in his birthday suit provided he agrees to do their dirty job. The important question which urgently requires an answer is that do the present ordinances and amendments at their disposal or the new ones that they may come up with to prolong the General’s rule justify and validate his rule? Similarly did the laws that legalized apartheid in South Africa or the slavery in US make them legal? Your answer to these questions has to be the answer to not only the re-election in uniform but also to his destructive, divisive, disdainful and illegal eight year rule. The answer naturally extends itself even farther to the rule of the unrepresentative bureaucrats in the fifties and then of the even more unrepresentative long Army rule interspersed with the rule of the corrupt politicians and also to the injustices that the people have suffered. It is simple, if you think that unjust and unrepresentative laws that the rulers can manage to enact with the connivance and collaboration of promiscuous politicians are legal then kindly do not raise a finger or question the fate that has been the lot the people so far. Question not the illegalities and injustices, the ravages and depredations, the insults and ignominies that have been suffered in the name of ’national interest’ and be prepared for even harsher and rougher times. It however should be remembered that the repressive actions of successive governments have already brought the people in Balochistan into confrontation with the State and have seen increasing resentment in Sindh. The warped policies of strategic depth have brought revolt in Fata and Waziristan and the scourge of suicide bombings in their wake. The civil society and liberals have been pushed to the very edge and now stand marginalized because the religious lobby was encouraged to proliferate from day one with the hope that it would provide the basis for the much sought identity of the state. Those who have resisted deserve credit for struggling to retain their rights. It is because of this struggle that they have avoided being sunk in the morass of injustices, bigotry and intolerance. When faced with such a situation the people have to consider their options to confront the follies and idiocies that the rulers commit and the illegal laws that they continue to impose with the connivance and complicity of politicians more bothered about saving their skins. The people have to make momentous decisions to survive the overwhelming onslaught of repression, injustice and intolerance. I would like the readers to thoughtfully read the following, ”. …. that they are endowed by their Creator with certain unalienable rights that among these are life, liberty and the pursuit of happiness. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurptions, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.” It seems if Musharraf &co have their way then our goose along with the gander is cooked for sure. The people will have to decide and draw the line and choose a course of action. By the way I am not the author of the passage which talks of the right and duty to overthrow governments and sounds treasonable and seditious. It is a part of the US Declaration of Independence but ironically these very principles are trampled upon and crushed all over the world with active help of US Governments. Anyone who decides to resist the illegality of the legalities in the world is welcome to adopt them.
Islamabad facing
74pc water
contamination Islamabad: Clean drinking water is a gift of life. But not for the residents of the capital city who are drinking highly contaminated water, as proved in a new report prepared by the Pakistan Council for Research in Water Resources (PCRWR). The report shows that bacterial contamination in the federal capital’s water supply in 2006 increased to an alarming 74 per cent compared to 48 per cent in 2005. Bacterial contamination, a major cause of water-borne diseases especially diarrhoea, was 65 per cent in 2004,40 per cent in 2003 and 74 per cent in 2002. The report, which will become a public document after being printed in about 10 days, is the result of a five-year survey that analysed quality and levels of contamination in the country’s water supply. It also makes comparisons with surveys from sites under study by the PCRWR. In Islamabad, 27 samples were taken from sites under study - 19 from various tubewells, two from water supply sources, one from cistern systems (water tanks), one from reservoir, one from boring and three samples from taps in homes. Out of these 27 samples, 26 per cent proved safe for human consumption while 74 per cent tested positive for micro-organism (bacteria) contamination. According to the PCRWR, the cause seems to lie not at the source, the Simli Dam where proper chlorination is done to kill micro-organisms. “Broken water supply pipelines or leakages are the major causes,” PCRWR Chairman Dr Mohammad Akram Kahlown said. “Islamabad’s water supply is intermittent. And every time the supply is stopped negative pressure builds up that sucks in dirt and other material through these leakages or openings in the pipes. Micro-organisms gush into cistern systems or water tanks in houses every time the supply is resumed,” he said. Dr. Kahlown said over 80 percent samples collected all over the country in the past five years contained bacteria. In certain cities like Bahawalpur and Loralai, drawing water from taps was like taking it from a swamp, said Mr. Kahlown. “It is simply mismanagement. A lot of water contamination problems can be solved if proper chlorination is done by water supply authorities,” he added. The chairman said PCRWR was surveying some 15,500 water supply schemes across the country. “We are determining reasons for deterioration in water supply to towns and cities. Technical assessments of some 6,000 water supply schemes have been completed. “The findings are not very pleasing. Almost 60 per cent water supply schemes in the Punjab are out of order and nearly 40 per cent in Sindh are not functioning,” Mr. Kahlown said expressing his concern. While Islamabad drinks bad water, the commodity’s quality seems to have improved in Rawalpindi where bacterial contamination has been reduced to 53 per cent in 2006 compared to the 87 per cent in 2002, the report highlights. According to the report, bacterial contamination in Quetta has gone up to 71 per cent in 2006 from 50 per cent in 2002; Hyderabad from 73 per cent in 2002 to 93 per cent in 2006; Gujranwala from 29 per cent in 2002 to 64 per cent in 2006; and Ziarat, where Quaid-e-Azam Mohammad Ali Jinnah spent his last days, bacterial contamination remained 100 per cent from 2002 to 2006. Another PCRWR official said places like the Quaid-e-Azam University and Polyclinic hostel had their own tube wells that were also contaminated. “Besides leakages in supply lines, dirty water tanks in houses are other major causes of waterborne diseases. It is imperative that people get them leaned every two or three months,” he said. Established in 1964, the PCRWR now maintains one of the best water testing laboratories in South Asia, the official said, adding that: “Our job is to check water quality. And once a problem is identified, we provide the best low-cost solutions to solve them.”
Future belongs
to the masses It seems that Pakistan was born under the unluckiest of stars. India gained independence a day after Pakistan and is well on its way to becoming a regional superpower on the strength of a robust economy and stable democratic system. Malaysia became independent 10 years after Pakistan but is generally considered to be one of the most developed, prosperous and advanced countries in Asia at par with many European countries. Far from advancing and developing, Pakistan has regressed in real terms, especially in the last three decades. Our economy lies in tatters. If it were not for the foreign remittances and the aid we receive from our foreign masters in return for unquestioningly toeing their line, regardless of the price we have to pay at home, the situation would be desperate. All our leaders, civilian, military and others, habitually regard themselves above the law and treat the Constitution as if it is there to serve only their needs. They abrogate, suspend, amend and generally run amok over the Basic Law with reckless abandon. We hang our elected prime ministers while others are reduced to pleading for general amnesty for their misconduct. Important institutions of state and society were never allowed to take root and mature in Pakistan. Whereas Jawaharlal Nehru became India’s first prime minister, the Quaid-e-Azam chose to assume the post of governor general of Pakistan. His early death prevented him from making the intended transition to democracy. Then followed a series of short-lived civilian governments and the military juntas of Iskander Mirza and Ayub Khan, who had little or no nexus with the masses. Zulfiqar Ali Bhutto was the first charismatic and dynamic leader to succeed in firing the people’s passions and capturing their imagination. But after the first two years of an exemplary administration, which still stands as a lesson to all would-be leaders, he succumbed to the trappings of power and steadily distanced himself from the people. He came to be surrounded by the likes of Masood Mehmood and Waqar Ahmed, who caused his downfall and led him to the gallows. After 11 dark years of General Ziaul Haq’s martial law, the nation dared to vest its hopes in Benazir Bhutto, expecting the young Harvard- and Oxford-educated daughter of Zulfiqar Ali Bhutto to fight for the common man and set the derailed democratic process back on track. The euphoria was short-lived when, instead, all they got was unprecedented maladministration, corruption and misuse of power for which both her governments had to be dismissed. The nation felt there was some cause for optimism when General Pervaiz Musharraf took over in October 1999, since he seemed to make all the right noises and his seven-point agenda seemed to contain the right formula to make amends for a ruinous past. But that too turned out to be a cruel mirage. Expediency became the hallmark of the Musharraf administration, as it became obvious quite early on that the president would dance with the devil if that would sustain and prolong his hold on power. He collected around himself the most disreputable lotas, some of whom had been imprisoned under various corruption and criminal cases during the early days of his administration, while others absconded. But when the need arose, they were once again rehabilitated and restored to power and their cases swept under the rug. In this melee of self-serving opportunism and lust for power, the plight of the masses has been overlooked as they have been forced to endure one painful betrayal after another. The current frenzy on the part of some wily politicians to get a share in power by striking a dubious deal with a politically crippled president is perhaps the most shameful of all the let-downs thus far. They insult our intelligence by claiming that they are pursuing the deal to restore democracy. Someone should remind them that democracy is not something that can be granted by a military ruler as a display of his largesse. It is something the people must seize for themselves. Why supposedly popular leaders of the people and self-proclaimed champions of democracy would prefer to indulge in a shady deal with a military ruler instead of relying on the strength of the people to achieve the professed objective of restoring democracy defies understanding. Perhaps they want to bypass any meaningful democratic accountability at the ballot box and present the masses with a fait accompli. What sort of democracy is this? Overwhelming temptations to take short cuts to power notwithstanding, at some point in time it becomes necessary to take a stand on principles, if honesty and sincerity mean anything. But these bleeding-heart democracy lovers seem to have arrived at the ill-conceived, convoluted conclusion that power acquired through the ballot box or by taking a stand on principles is shaky at best, whereas power received with the blessings of a man in uniform is far more conveniently acquired and is comparatively stable. That is why everyone is so eager to become the next Shaukat Aziz. Now that the Musharraf-Benazir deal seems to have hit a pothole along the way, Maulana Fazlur Rehman has reportedly jumped into the fray, having already played a pivotal role in giving President Musharraf a new lease of life with his support in passing the Seventeenth Amendment. As long as President Musharraf keeps dangling the deal like a carrot before the power-hungry politicians, there will be no shortage of takers. In any case, does Musharraf have the ethical and legal authority to forgive corruption and criminal conduct or grant any concessions in order to secure political support? Is this not blatant rigging? For the first time in Pakistan’s history, the judiciary is fearlessly upholding the rule of law and supremacy of the Constitution. Arguably, it stands as the greatest obstacle before the designs and intentions of the Musharraf administration. It just goes to show how much an independent judiciary can influence the evolution of a progressive state while acting as the guardian of democratic social and state institutions and individual freedoms. One can only wonder where this country would be today had the courts fulfilled this obligation in the same manner during the past 60 years. Could we have been spared the agony, uncertainty and turmoil that have brought us to this state of ruin at the hands of tin pot dictators and corrupt, self-serving politicians who treat the state as their private jagir? We will never know. In any case, the matter of the deal, the re-election of the president with or without uniform and a plethora of other issues have already been placed before the Supreme Court. The nation expects the honourable judges to do what the politicians have not the fortitude to do, that is, infuse a modicum of honesty and principles into politics and uphold the Constitution. But there is just so much that the Supreme Court can reasonably be expected to do. The fate of the nation rests ultimately in the hands of the people. The time has come for the people to be the masters of their own fate. The problem, however, is that they seem to have forgotten just how powerful they really are. When the people unite, even superpowers and much dreaded armies get out of the way. Our leaders lack the backbone to take a stand on principles because that entails hardship, struggle and sacrifice and it would be foolish to expect any good from them. The future belongs to the masses and they must realize that they need not be bound by the vestiges of a failed past. (Dawn 6-9-07)
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