PESHAWAR, Nov 13: The NWFP assembly on Monday passed a watered-down version of the controversial Hasba bill to establish what critics described as a Taliban-style department under a powerful cleric entrusted with the task of enforcing Islamic morality.
The bill found surprise support from a few opposition legislators – some belonging to so-called liberal parties – when they voted for the bill against the instructions of their parliamentary leaders.
The bill is a revised version of one that was ruled unconstitutional in 2005 by the Supreme Court, following a challenge by President Pervez Musharraf under Article 186 of the 1973 Constitution.
The bill provides for the appointment of an anti-vice ombudsman enjoying sweeping powers to protect Islamic values and “forbid persons, agencies and authorities working under the administrative control of the government to act against Shariah”.
The bill was bitterly opposed by the Awami National Party, Pakistan People's Party (Sherpao), Pakistan People's Party Parliamentarians and Pakistan Muslim League, whose one member did not toe the party line and supported the bill.
The provincial Law and Parliamentary Affairs Minister, Malik Zafar Azam, who tabled the bill in the 124-member house, rejected the opposition’s demand that the bill should be sent to a select committee.
He recalled at length how the bill was first tabled in Dec 2003 and how its passage was subsequently delayed by the government – first by successive provincial governors and then by a presidential reference in the country’s apex court.
When protesting opposition lawmakers, wearing black armbands, described the bill as “maulvi’s martial law”, Mr Azam said: "We never wanted Talibanisation, neither in the past nor now or in future. The aim is to provide speedy justice to people."
Unconvinced, lawmakers from secular opposition parties staged a walkout as the treasury legislators adopted the bill with a majority.
The Leader of Opposition in the assembly, Shahzada Gistasip, said there was no need to pass a bill that had already been found to be repugnant to the existing laws by the Supreme Court.
NWFP Chief Minister Akram Khan Durrani thanked legislators from the PML (N), PML, Tehreek-i-Insaf, Swabi Qaumi Mohaz and independent groups for supporting the bill. He assured the opposition legislators that the bill would be used only to provide speedy justice to the masses.
Under Article 116 of the 1973 constitution, the bill will now go to Governor Ali Mohammad Jan Aurakzai for assent. His predecessors, Iftikhar Hussain Shah and Khalil-ur-Rahman, refused to sign the bill into law.
