| June 01, 2007 | Friday | Jamadi-ul-Awwal 15, 1428 |
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Apostasy law
Imran Khan
Tribute to Dr Raheem
Plight of the couple
US war on terror and Pakistani doctors
FIR police investigation and SCPS
Navy at Manora
A dismal record
Road in bad shape
Tahir Mirza
A plea to Nadra
Education
Readers are requested to restrict their comments to a maximum of 400 words. We reserve the right to edit letters for reasons of clarity and space. Letters, including those by e-mail, should carry the complete postal address of the sender. The views expressed in these columns do not necessarily reflect the views of the newspaper.—Editor
THE need to pen down these lines arose only because of some statements by the president in public and private meetings. He is criticising the protective role of the lawyers in the present political and judicial imbroglio in the country.
One must remember that our beloved homeland got freedom due to the untiring efforts of Allama Iqbal and Quaid-i-Azam. Both were Barristers-at-Law and served their people in a manner that till today they are remembered as national heroes.
A number of veteran members of national and provincial assemblies were and still belong to law profession. Gandhi and Abraham Lincoln were also lawyers.
The great American Jurist, Daniel Webster, who revolutionised many legal concepts, once said while addressing a Bar Association that “I love our common profession, and love all who honour it. I regard it as the great ornament and one of the chief defences and securities of our institutions. It is indispensable to and conservative of public liberty.
I honour it from the bottom of my heart. If I am anything, it is the law, that notable profession, that sublime science, which we all pursue, that has made me, what I am. It has been my ambition, coeval with my early manhood, nay with my youth to be thought worthy to be ranked under the banner of that profession”.
We are going to celebrate the 60th Independence Day on 14th August, but the democracy in Islamic Republic of Pakistan is still in its infancy and hence the institute of judiciary is not enjoying independence.
The democratic processes have been ruthlessly interfered with in our country by some ‘ambitious careerists’. In the prevailing judicial and political crisis in the country, the law professionals are occupying a very significant position in society.
The profession of law has been universally acknowledged as a noble and learned profession. Lawyers have played and are playing a pivotal role in the making of nations. They are guiding the nations towards their rights and duties.
In many countries, the lawyers have been great and active leaders of public opinion and have materially contributed to the general welfare of the people. The lawyers are much concerned about the better living conditions of the common man; while protecting his fundamental rights, for the supremacy of rule of law.
The lawyers outside the courtroom are valued members of society. They are in a position and duty-bound to render useful service to the public at large.
Due to the background of legal education/knowledge and acquired acumen of politics, they should help in the growth of democratic processes and to strengthen the democratic institutions of the country.
The lawyers should vigilantly supervise the human rights and repressive acts that cropped up in the society, if anywhere.
They have the qualification, tradition, and training for leadership and must not shirk this great national responsibility of serving the nation while carrying on their professional duties. Undoubtedly, the lawyers belonging to every stature have sacrificed in the present judicial crisis due to the urgency and sensitivity of the issue.
The way Chief Justice Iftikhar Muhammad Choudhry has been maltreated by the law-enforcement agencies and has faced the belligerence of state aggression, there is the decisive moment in the judicial history of Pakistan to make a decision that whether the Pakistani nation should be blessed with independent judiciary or not?
The lawyers represent every ethnic, religious and political group of the country. This democratic platform is entirely united over the present judicial crisis and for the independence of the judiciary.
The army is responsible for defending the borders of the country, and the judiciary is bound to defend the rights of the countrymen.
The fool-proof and absolute rule of law and independence of the judiciary is inevitably desired by every individual Pakistani today and the lawyers’ fraternity is struggling and sacrificing for this only.
AQEEL AHMED RAJPAR
University of Karachi
IN HIS column, ‘Apostasy law and its hazards’ (May 27), Kunwar Idris has referred to an incident pertaining to a man from a tribe of infidels, who had recited the ‘Kalima’ just before he was killed in the battlefield by Usama bin Zaid.
Upon learning of the slaying, the Prophet (PBUH) admonished him, saying Usama could not have been a judge of whether the man had truly accepted Islam or recited it merely to escape death. From this, Mr Idris has tried to prove indirectly that those who turn back from Islam, that is, commit apostasy, cannot be given the capital punishment.
However, there is a clear saying of the Holy Prophet (PBUH) on the subject given in Bukhari and Muslim, of which he must be aware:
The shedding of the blood of a Muslim is not lawful except for one of three reasons: a life for a life, a married person who commits `zina’ (adultery) and one who turns aside from his religion and abandons the community.
A scholar from Al-Azhar has elaborated the matter by saying that no one is compelled to accept Islam, but at the same time no one is permitted to play tricks with it. Another scholar had explained it by saying that treason is punishable by death even in non-Muslim countries. However, the death penalty for apostasy can be given only to men, whereas women are liable to imprisonment while children are not punishable that way, either.
The writer has also wrongly claimed that nobody was punished for apostasy during the Prophet’s (PBUH) or the four Righteous Caliphs’ times. It often happened that the Makkans made a profession of faith to enter Madinah, but after spying for information returned to Makkah and threw off Islam. When captured, they were condemned to execution. Soon after Prophet Muhammad’s (PBUH) death, several false prophets had arisen. Caliph Abu Bakr sent out Khalid bin Waleed, who was able to convert back two tribes of the followers of Tulaiha. The apostate himself first fought against the general but later on accepted Islam.
However, the case of the apostate couple, Musailma and his wife Sajah (another false prophetess), was different. Musailma used to recite before the people meaningless sentences and claim these were divine revelations and had also legalised adultery and wine. Troops were dispatched to fight against them under Hazrat Khalid and the false prophet was killed after a very tough battle.
ZAKIR AHMED
Karachi
INCENSED by the criticism of Altaf Hussain by Imran Khan, members of the MQM have reacted by using language that goes far beyond acceptable limits and has stunned the nation.
While I have no connection with his party, justice demands that he be defended, more so because his words reflect the majority’s feelings.
One isn’t in a position to judge whether he is guilty or not of the sexual misconduct he is being accused of but, for arguments sake, even if he is, Imran appears to have left his carefree times far behind.
The Islamic standpoint is that if a person repents sincerely, then he becomes like someone who never committed that sin.
Losing one’s mother or some other family member to cancer is a most painful experience and can easily transform a person.
We all know how, after his mother’s death, Imran took upon himself single-handedly the setting up of a cancer hospital.
He not only succeeded admirably but was also able to improve the country’s image.
The participation by the late Princess Diana in its fund raising campaign and his instant announcement in Australia, after being awarded a sports car for his excellent performance in cricket, that he would donate all its proceeds to the hospital, raised Pakistan’s prestige.
Furthermore, he is now planning to set up hospitals at other locations. Besides, there hasn’t been any report of wrongful conduct for the past so many years, when he got married and had kids, nor any incidents ever of resorting to terrorism, etc. Also, his Oxford education shows.
A. HAQ
Karachi
DR Misbahur Raheem of Federal B. Area, Karachi, died a few days ago. He was a life member of Pakistan Medical Association and worked as a family physician since his graduation from the Dow Medical College. He was a true religious man with lots of tolerance, love and affection for his patients, colleagues and friends.
When I was general secretary of the PMA, Karachi, he used to call me off and on and always advised me to give statements on different matters related to health.
When the PMA got possession of its land at F.B. Area and planned to open a clinic for poor population living in this area, he offered to work as a voluntary doctor and he worked there until his death.
In the beginning, we had no electricity or generator but he was never bothered about these facilities for himself, his primary concern was patients and their management.
He belonged to that generation of doctors who were not after money, power or fame. He lived with the community and provided them the primary healthcare seven days a week.
That is the reason he enjoyed love, and respect from the community.
Dr Raheem was a genuine family physician who saved many lives by simply treating malaria, diarrhoea, typhoid, meningitis, etc., often without any charges.
His patients in the community and colleagues at the MPA House will miss him dearly.
DR SHERSHAH SYED
Karachi
THE two letters (May 30) from Dr Farhat Moazam and Dr S. Ahmed are sufficient to confirm that sex change may occur due to gender ambiguity at birth.
I remember a well- known old case of sex change in which a female, mother of some children, became male. Renowned Surgeon Munawar Ali of Civil Hospital had operated upon her on finding male signs taking place in her.
In the present case the couple should not suffer because of a wrong medical report. While the doctors concerned are liable to be reprimanded, the couple need to be brought to the Civil Hospital, Karachi, for investigation and proper treatment. The couple surely deserves help and relief.
RIAZUL HASAN KHAN
Vice-President,
Pakistan Association of Scientists & Scientific Professions,
Karachi
I AM a lady doctor. I had to appear in the USMLE Part II (Clinical Skills) examination in the US after having passed USMLE Part I and Clinical knowledge part II examination of USMLE in Pakistan.
My Clinical Skills (C.S.) examination part II was to be held in the US on Feb 21, for which I had applied for in February 2006 and my sister in the US had deposited the examination fee on Feb 6, 2006.
I was thereby allowed eligibility period by the ECFMG authorities to appear in the C.S. examination during the period March 16, 2006 to March 16, 2007.
I had applied for a US visa vide my application to the US embassy in Islamabad. I was called for an interview in the US embassy on Nov 2, 2006 and I was issued multiple visit visa for five years vide visa control number 20062361350010 dated Nov 3, 2006.
I had accordingly proceeded to Chicago vide PIA flight PK 795 which had landed on the Chicago Ohare Airport on US date Dec 9, 2006.
At the immigration counter, the US immigration authorities objected to my being pregnant and they cancelled my visa and ordered my deportation.
I was all alone and was highly depressed/shocked to learn about such an order of the immigration authorities at the Chicago Ohare Airport.
They put me various questions. I was under severe mental distress due to such a situation. They obtained my signature on a printout of my answers typed by the immigration officer.
I could not read the printout of my answers nor was I given a copy thereof. I developed severe pain in my abdomen and I was taken to the Resurrection Medical Centre, Chicago, where I was advised not to travel.
The immigration officer granted me parole stay up to Feb 28, 2007 vide I-94 bearing number 23438419712.
Thereafter I underwent caesarian delivery on Feb 2, 2007 in Harmann Hospital, Houston, USA. All the charges were paid by my sister.
On further medical advice, my parole was extended up to April 2, by the Houston Immigration Authority.
In the meantime, my attorney made representations to the US immigration authorities explaining the objections for which visa was cancelled and deportation ordered. But, I did not receive any written response. Therefore, I left the US on March 31.
We are a country cooperating with the US administration in its war against terror and our country has been suffering on that account too.
As against this, the treatment of the US immigration authorities with the Pakistani visitors is so unduly harsh as mentioned above.
It is, therefore, requested to the US/Pakistan administration to kindly look into my case and to possibly rectify the undue wrong so done to me and to see whether the treatment of the US immigration authorities towards me was legally and morally justified.
DR NIMY
Karachi
THE Sindh government has recently established the Sindh Criminal Prosecution Services (SCPS) to ensure that the police are barred from registering false or bogus cases.
This was hailed by senior lawyer Khwaja Naveed, known for handling criminal cases with proficiency. I feel this is a step in the right direction.
The police claim that whenever a First Information Report (FIR) is lodged with them, they have to proceed with submitting a challan against the accused with the judicial magistrate, irrespective of the fact whether the complaint is frivolous or has intentions of malice.
It entails many hardships for the middle class. To provide bail money plus lawyer’s fees and if anybody fails to do so, he must languish in jail for unknown period. This is horrendous.
It is claimed that although an SHO is empowered under section 157-B of the Criminal Code of Procedure to close the investigation of a case if it appears to him that no sufficient ground is available, it is seldom done so. A police report can also be filed under 169 for closure of an FIR.
Now with the establishment of the SCPS, it is made mandatory for the police to submit an FIR to the SCPS for determining the genuineness of the FIR. The SCPS is empowered to cancel a perfidious FIR and even withdraw the case from the court. If this procedure is strictly followed, then no complaint without documentary or circumstantial evidence will be acceptable.
I appeal to the Sindh prosecutor-general, Rana Shamim, who heads the SCPS, to ensure strict compliance by the police. He should also issue directions to the police officers concerned that in case anybody lodged a bogus FIR, he should be prosecuted forthwith.
SAIFUDDIN E. CONTRACTOR
Karachi
RECENTLY there was a news item saying that the Pakistan Navy will have to shift from the Manora Island to its land near Cape Monze . This shifting is to facilitate construction of a resort city to be built by a foreign concern.
I am sure the Navy will resist the proposal tooth and nail since the Manora Island is the cradle of the Pakistan Navy. The pre- partition era training establishments for officers and sailors are located on this island.
It is the traditional abode of the Navy. It would be unfortunate if the requirements of the Navy are relegated to cater for recreational facilities.
REAR ADMIRAL (R) KHALID WASAY
IRFAN Hussain has rightly stated in his article “A dismal record” (May 26) that, “According to Transparency International, Pakistan today is a far more corrupt country than it was .... in 1999”.
Musharraf talks about huge cash reserves but he never mentions that these cash reserves are mostly due to one billion dollars in cash given every year to Pakistan by the US.
One big reason our middle class and upper class are better off during military dictatorships is due to this influx of money.
ZAHEER KHAN
Ronneby, Sweden
MARRIOT Road, catering to one of the biggest wholesale markets of Karachi, is a shambles.
All efforts by the market committee people in the last three years to convince the city fathers concerned of the urgent need to reconstruct/repair the road have so far fallen on deaf ears.
The road condition is hindering the business of the market, with buyer frequency to the market on the decline. Anybody listening?
HUSSAIN HAZARI
Karachi
I WAS greatly distressed to hear the sad news of Mr Tahir Mirza's death in Karachi on Tuesday. He was one of f the finest human beings I have ever met in my over 50 years in the profession of journalism.
A prolific writer, he will be remembered by his colleagues and friends for his humility and refined manners, and even after reaching the highest point in journalism — the editorship of Dawn — he remained his old self.
I had a long and close association with him in Khaleej Times and later in Dawn, when he was its editor. May God shower His choicest blessings on his soul.
KHAWJA M. ZUBAIR
New York
CNIC and machine- readable passports are both products of Nadra. While CNIC is silent about surname, the same is a must for a passport. The trouble arises when a person with single name applies for a passport. His name, say Akber, will be shown as his surname and the given name column will be left blank.
Such passports, when go for visa to some countries, mention in visa FNU (First name unknown).
Is it not ridiculous that a person who has been issued a passport does not know his own name? It is time Nadra did the needful.
A.G. HABIB
Karachi
VARIOUS universities are delivering education in almost every field but most of them lack the main compatibility between theoretical and practical life. So the government should direct both the public and private institutions to design their curriculum in such a way as to provide an expertise in the hand of an individual student, so that they can get job related to their field.
KHALIDA PARVEEN
Islamabad
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