A constitution is an agreement between the rulers and the ruled which should not be cheated on by either. On 14 August 1973, after enactment of the unanimously agreed document unwavering compliance was expected yet the cheating has continued unabated.
On March 29, Mr Justice Shahid Karim of the Lahore High Court declared unconstitutional the 1860 Colonial Era Law of Sedition, Article 124 of the Pakistan Penal Code. Finally, it has been struck down. The big question being raised is why it has taken us 75 years to get rid of such Draconian legislation. The late Arshad Sharif was being tried under the same law that carries death penalty, punishment and fine. Then there is the Official Secrets Act of 1923 and the Government of India Act 1935. In 1960 the dictator issued the MPO Order (Maintenance of Public Order) which still holds ground.
My student, Barrister Hassan Niazi, the energetic activist, was arrested in Islamabad then taken to Quetta, from where he arrived in Karachi but before he could reach back home after getting bail, was required to go to Nowshera. In his own words; ” Sair Karayen Tum Ko Pakistan Ki “. Finally he came back home yesterday after getting bail from the LHC.
During my tenure at Pakistan Science Foundation (PSF), I ordered a departmental inquiry against the misconduct of the Admin Officer. To avoid accountability, he used his ‘mafia networks’ to get himself transferred to the Prime Minister’s Secretariat without permission of his parent department. I wrote to the Secretary Ministry of Science and Technology (MOST) to accommodate the employee of PSF in the PM Secretariat on permanent basis instead of on forced unlawful deputation from an autonomous organization.
In reply I received copy of an interesting Ordinance. During the Civil War in East Pakistan, government officers were reluctant to go to the Eastern Wing. In the year 1971 the government issued an ordinance under which it could place any government employee wherever it desired. Despite the passage of the Constitution in 1973, the Secretary had the audacity to send this document to me in 2004. It was the biggest joke ever which indicated the colonial mindset of the powerful but evil bureaucracy. On the recommendation of the inquiry committee, I sent the employee on forced retirement.
The rulers have succeeded in cheating the agreement that was declared the law of the land on 14 August 1973 some 49 years and 8 months ago. It is time to stand up for the Constitution by removing the irritants that come in the way. IK is right; if elections are not held within the stipulated 90 days after the dissolution of the assemblies, bugles for the ‘Battle of the Constitution’ should blow loud and clear. This cheating of the constitution must be brought to an end enabling the Islamic Republic of Pakistan to rise.
The Secretary came to his rescue again by using another Martial Law Ordinance (Civil Servants Reforms Act 2000) which was not even applicable to autonomous organizations like the PSF. My term ended in August 2005 and I returned home with many unanswered questions about the conduct of our bureaucrats and how they have managed to cheat the Constitution.
In the year 2017 a Right to Information Act (RTI) was enacted by the Parliament which has now replaced the 1923 Official Secrets Act yet the government departments are unwilling to provide the required information. Mystery is always mischief yet departments are very reluctant to reveal information to the public. The Information Commission is very active in Punjab with several milestone decisions.
As my focus has been on Administrative Reforms leading to good governance, I lost sight of the many Human Rights Ordinances that were stealthily carried over despite the passage of the 1973 document. Now that the LHC has highlighted the ongoing foul play it is time to revisit all the Colonial-era laws together with the Martial Law Ordinances that continue to pollute the constitution of the republic.
The constitution of the Islamic Republic of Pakistan will celebrate its Golden Jubilee of enactment on August 14, but with several leakages that need to be plugged. In order to introduce administrative accountability. The elected government of Zulfiqar Ali Bhutto included Clause 216 in the interim constitution of 1972, a toned-down version was made a part of the 1973 permanent document under Clause 212. Administrative Accountability courts were to be established. In 1979 the clause was removed, and instead the Mohtasib or Ombudsman office was created for this purpose which is ineffective, as they are headed by the peers of the same bureaucrats against whose complaint has been lodged.
Barrister Hassan has been a civil rights lawyer. He has boldly contested several important cases despite life threats. Now that he has been seriously harmed by the very system in which he works, it is time for a massive operation clean-up of the 1973 Constitution to restore it to its original form.
The document itself and the connected Penal Codes have to be purged of the colonial-era Acts and the Martial Law Ordinances that were quietly made a part of our legal system by the skillful manoeuvring of the bureaucrats. There are about 20 Clauses in the Constitution that cover human rights, not one of them has ever been followed or debated in Parliament
This forced watan ki sair (tour of the country) of Hassan must not be allowed to continue. There are several political workers arrested under these colonial-era draconian laws who need to be bailed out. The recent raid on the Zaman Park residence of the former PM speaks volume about the dismal state of human rights in the Islamic Republic of Pakistan. Hopefully some lessons must have been learnt by now.
The area is named after the maternal grandfather of Imran Khan. It’s an enclave of the Pathans of Jalandhar who were mostly in the service of the state. IK’s father Ikramullah Niazi hailed from Mianwali. He built his house here on the land inherited by his wife. IK grew up in the safety of Zaman Park where the ‘ Burki Clan ‘ would gather even at a moment’s notice to ward off evil or external threats, but not anymore.
The journey of the Zaman’s continues. Looking for freedom they migrated to Lahore. Their son of the soil rose to be the PM yet they were subjected to colonial-era indignities after 75 years of so-called freedom.
The rulers have succeeded in cheating the agreement that was declared the law of the land on 14 August 1973 some 49 years and 8 months ago. It is time to stand up for the Constitution by removing the irritants that come in the way. IK is right; if elections are not held within the stipulated 90 days after the dissolution of the assemblies, bugles for the ‘Battle of the Constitution’ should blow loud and clear. This cheating of the constitution must be brought to an end enabling the Islamic Republic of Pakistan to rise.
