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DAWN - the Internet Edition


April 07, 2007 Saturday Rabi-ul-Awwal 18, 1428


Editorial


What are they up to?
Bypassing justice
Persistent economic problems
Terror and the law



What are they up to?


THE government would be wrong if it underestimated the threat posed to society by what can be called an attempt to set up a parallel judicial system. The Qazi court, which was set up by the Lal Masjid administration in Islamabad yesterday, will act as a full-fledged dispenser of justice by arrogating judicial power to itself by means which are arbitrary and illegal, and they are un-Islamic because its ‘judgments’ could lead to fitna. There are two aspects to this extraordinary vulgarisation of the Islamic concept of ‘doing good and suppressing evil’: one is the Lal Masjid clerics’ right to set up a court and try and punish citizens for perceived violations of the Islamic code of behaviour; the other is the government’s and society’s attitude towards the bizarre goings on in the heart of the nation’s capital city. The first issue is the Lal Masjid administration’s decision to set up in its embryonic form what, if unchecked, could challenge the existing legal and judicial system and lead possibly to the establishment of a parallel centre of political power as well.

Without having any parliamentary sanction or popular approval, the Qazi court judges — Muftis — have assumed powers to try and punish those who in their opinion violate the Shariah. The Lal Masjid clerics should know that as citizens of Pakistan, it is their duty to obey Pakistani laws because they are enjoying the benefits of Pakistani citizenship made available to them by laws passed by governments established by law since independence. Like all other citizens, they have implicitly accepted the sovereignty of Pakistani laws, which they cannot violate except on pain of punishment. They may have reservations about a given law, and consider it un-Islamic. But many people in Pakistan — in fact, people all over the world — have reservations about some laws that govern them and seek to amend them with a recourse to accepted constitutional and legal processes. If to the Lal Masjid pseudo-mujtahids a law is un-Islamic, they can agitate their case by peaceful means, mobilise public opinion, and seek the support of like-minded people in and outside parliament. The MMA alone has 67 MNAs and 21 senators, and one can appreciate how the MMA and other ulema made full use of the parliamentary avenues of dissent to amend laws and succeeded in effecting significant changes in the recent women’s protection bill. If to the baton-wielding Lal Masjid ‘revolutionaries’, laws dealing with music and CDs lack the kind of strictness they desire and have failed to deter the sale of ‘obscene’ material, they could have adopted the constitutional method of effecting changes in the relevant law instead of threatening shopkeepers and acting in a manner that smacks of fascism.

A spokesman for the Lal Masjid said that what they were doing was nothing new, because muftis have often in the past sat in judgment, settled disputes and issued fatwas. They are confusing the issues. A fatwa is a legal opinion, which an individual or group may or may not obey. This institution too has been abused in Pakistan, for there are cases where unscrupulous clerics have issued fatwas of death against innocent persons for reasons of personal enmity. A court is a different matter, because it is part of an accepted legal mechanism whose decisions are binding, have the force of law and must be enforced by the state. The court set up at Lal Masjid has no such authority to back it. Those sitting on it and ‘trying’ people would be acting as accusers and judges at the same time. Unfortunately for them, they have not received significant backing even from the ulema. Among those who have denounced the Hafsa affair is parliamentary leader of the opposition Maulana Fazlur Rahman, while Mufti Munibur Rahman, head of the madressah federation, said the Hafsa girls’ actions constituted fitna.

The government’s options are limited. In the past it has either patronised religious extremists or ignored their actions and excesses. In the present situation, it has no choice but to exercise restraint. But act it must in dealing with the Lal Masjid aberration. Unfortunately, the government has isolated itself from society’s liberal sections which could have helped it check a trend that could lead to chaos in the country. It is time the enlightened sections of society, the academia, intellectuals and rights groups united to face the challenge of religious bigotry. Leaving the task of sorting out the Lal Masjid affair to the government alone will be unwise, since one is not sure whether or not some powerful sections in the establishment have sympathy for the kind of religious extremism now in evidence in Islamabad.

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Bypassing justice


IT is tragic how the police and the socially powerful are undermining the rule of law and justice in Pakistan. They use their clout to get off the hook after committing a crime, especially where the victim is a poor and weak person who finds it difficult to withstand the pressure of the powerful. Two cases have been reported in the last two days that call for the attention of the higher-ups. One is that of Wajahat Ali, a young helper at a billiard shop in Faisalabad, whose eyes were injected with acid. The accused, who are said to be related to a senior police official, have been threatening the victim with dire consequences if he does not withdraw his case. The other instance is that of Safia Qureshi in Dadu who was allegedly murdered by a member of the Jamali clan whose chief had ‘sought’ and obtained pardon from the victim’s mother.

In both cases the persons believed to have committed the crime are influential while the victims are from the poorer sections. This is hardly a coincidence. The fact is that the laws and the realities on the ground in Pakistan lean heavily in favour of the rich, the privileged and the socially advantaged. The qisas and diyat laws (first introduced in the form of an ordinance in 1990 and later adopted as a law in 1997) actually allow the relatives of a murder victim to pardon the criminal in lieu of financial compensation. Thus, in such cases the state does not play a role in punishing the criminal for murder that is universally recognised as a crime against the state. This can create many anomalies. In Safia Qureshi’s case it is plain that the act of forgiveness is not in any way connected with compassion and humanism. The mother herself admitted that another daughter of hers — the sister of the murdered girl — is married to a close relative of the accused. Torn between her love for her two daughters, she is obviously opting to protect the living rather than seek justice for the dead.

Wajahat Ali’s case is different. It does not seek to take advantage of the law — but that of the system. In our stratified society, it is a fact of life that the unscrupulous among the rich and the powerful can get away with the most heinous of crimes. In this the role of the police and the courts is a dubious one that often pre-empts justice from being done. Thus, by initially refusing to register the case and subsequently pressuring Wajahat to reconcile with the accused, the police have not acted according to the dictates of law and justice. Technically speaking, even if the parties settle out of court, the gravity of the crime is such that the state should not treat it as compoundable and absolve itself of the responsibility of taking the accused to task. After all, the sentence awarded to the person found guilty of a crime also serves the purpose of acting as a deterrence for other would-be criminals.

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Persistent economic problems


By Sultan Ahmed

PAKISTAN’S economy is marked for its significant and steady growth in recent years, but now it is plagued by a number of problems which if not attended to diligently may negate the high growth and produce adverse consequences.

The government is aware of these problems but it is preoccupied with political and external problems to give sufficient attention to them and find viable solutions. Many of them have been touched in the October-December 2006 report of the State Bank of Pakistan which for its cautionary notes sounds more like its annual report which comes with definitive recommendations.

The report has identified most of the basic problems which are almost perennial and suggests permanent solutions to them, but they are not by any means easy to implement, however obligatory they are. While identifying most of them, the bank has focused more on four of them. They are high and enduring inflation, large current account deficit following heavy imports and lesser exports, the fiscal problem of low tax-GDP ratio and the low savings rate which makes the country depend on large external and domestic loans.

The State Bank also warns the government that after the grace period of the old rescheduled loans expires, it may not be able to meet its current liabilities as it raises more short term loans which are likely to increase. High inflation, low tax collection and poor savings rate, which is the lowest in the region, are not new problems. But the current account deficit has become too large because of the large trade gap and that has happened despite the increased home remittances which may touch the figure of six billion dollars this year and the FDI which is expected to exceed that figure.

These problems have to be dealt with honestly in view of globalisation of trade which has increased the competition for Pakistani goods in their traditional markets. If the government could not find adequate solutions to such problems because of its other preoccupations, the parliament, to whom the report is addressed, can focus attention on these problems particularly its standing committees on finance, but so far they have not been interested in taking up these problems seriously. Or, maybe, they find themselves helpless as the ruling party would not let them do so unless it wants. The third report about implementation of the UN millennium development goals has been presented by the government which finds its performance rather satisfactory. But the country is not satisfied with the reduction in poverty, increase in education and facilities for women. Prime Minister Shaukat Aziz who presented the report says that by 2015, the millennium goals will be achieved including reducing poverty by half.

When it comes to fighting inflation which is endemic and now a global problem too, the State Bank report says that in spite of the tightening of the monetary control, the average inflation during this year is 7.7 per cent while the target is 6.5 per cent and the country may not be able to realise the lower level of inflation in view of the rising prices at home ad abroad. What is very obvious is that a tight monetary policy alone cannot bring down inflation and the government doesn’t want the tightening too rigid lest it affects economic growth and enlarging the supply chain is very essential but that alone cannot bring down the prices, strong administrative measures are essential to support the efficacy of the supply chain.

It is equally imperative for the consumers to resist paying high prices for essential items, an instance being of Rs 40 per kg price of milk during Eid miladun- nabi. A few market officials cannot hold down the prices when the people are willing to pay any price for what they want. There has to be cooperation between local officials and the people when prices shoot through the roof. If there can be effective consumer resistance in the rich countries of the world and the consumer is regarded a king by Wal-mart, the premier retailer of the world, there is no reason why there cannot be resistance here too, against exorbitant prices.

The State Bank has suggested creation of a commodities future market which is common in advanced countries these days. That would stabilise the market and ensure reasonable supply and fair prices. An electronic commodities future market is to come into being next month in Karachi with branches in Lahore and Islamabad. The State Bank has said the capital market reforms should seek to promote real investment instead of speculation. The bank has been saying that for a long time now without impact on the stock exchange or the government. But the large bank lending for speculation is promoting it instead of increasing the investment. If investment is to be promoted, capital gains tax should be brought in on short term investments so that the buyers can keep the shares for long and not let the bulls rule the market too long. Because of the current account deficit arising out of the trade deficit the State Bank has focused on industrial production and exports. It has called for reduction of the cost of exports and the cost of doing business. It also wants many of the unnecessary regulations to be eliminated. It seeks elimination of the multiplicity of taxes and also suggests lowering of taxes.

Business executives complain they have to pay 40-45 taxes. Apart from the money involved, the physical tasks of making payments are exasperating. It increases the scope for corruption as well.

The overseas investors chamber has called for reduction of maximum corporate tax to 30 per cent from 35 and the federation of chambers of commerce and industry have called for the same tax rate. Reduction of taxes is a world phenomenon and Pakistan can’t escape that after having over 100 taxes, federal, provincial and local until recently.

The chairman of the CBR Abdullah Yusuf calls import duties and excise duties as dying taxes from which little revenues may come in future. But they are going to take a long time to die. Meanwhile, car buyers know how much import duties they have to pay along with a 15 per cent sales tax.

The State Bank has also called for geographical distribution of production. Earlier we sought a strategy of one village, one product. Having moved away from the strategy now, business and industry want the cost of production and doing business be made reasonable. For reducing the cost of doing business, the country needs fewer and lower taxes, sustained low inflation, few regulations, less red tape and cheap and easy labour conditions. They also need cheaper and more efficient transport instead of a system in which we are supposed to lose Rs210 billion due to transport inefficiency. They also need an upright and efficient judiciary which can enforce its decrees.

And to reduce the cost of production, the industrialists need enough power and gas at fair prices, low inflation, labour at competitive rates, an easy labour market and reasonable port rates. These have been long standing demands of trade and industry including foreign investors. The earlier these conditions are met the better it will be for the economy.

The Pakistan Institute of Development Economics, the old economic research institute, which has been accorded a degree awarding status has come up with a new six monthly publication- PIED economic barometer. Headed by Dr. Nadeem ul Haque, the PIED will conduct a survey of the business prospects and achievements of the companies listed on the stock exchanges and with the Securities and Exchange Commission of Pakistan. If the business fears things may go wrong and the industrial growth will be affected, the government could come up with the necessary correctives in advance.

Only 10 per cent of the companies approached have responded but more are likely to respond in future after seeing the new product.

We need more such economic indicators and professional forecasts for the future. The first issue shows 59 per cent of the companies forsee stable growth in the first half of the year, while 32 companies reported slower growth and eight per cent expected faster growth in the next 6 months.

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Terror and the law


ANY investigation into terrorism must necessarily be secretive and, at times, intrusive but that is no reason why it should lapse into illegality. Two examples this week have shown the challenge. The more reassuring one came on Thursday, when charges were brought against three men in connection to the July 7 attacks.

Peter Clarke, the head of the Met's anti-terrorism branch, said that the case had been assembled from "a complicated jigsaw with thousands of pieces". The investigation was carried out under British law, and the cases will be heard in a British court.

The same cannot be said of the other investigation highlighted this week. The Guardian's report of an MI5 attempt to recruit Jamil el-Banna, a British resident suspected of knowing Al Qaeda activists, reveals an inquiry that began with a degree of subtlety but which rapidly descended into crude injustice, with his rendition to Guantánamo Bay, where he is still held.

The circumstances in which Mr el-Banna and another British resident, Bisher al-Rawi -- released a week ago -- were snatched during a visit to Gambia, are unclear. To varying degrees, the British security and intelligence services, Gambia and the US share responsibility. What is obvious is that Britain fell far short of the moral, if not legal, duty a country has to protect its residents.

—The Guardian, London

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