Parallel politics
The tabling of Hasba Bill in the midst of the resignation furore created by MMA was well-timed; it did deflect attention from the issue
Published THE NEWS on Sunday December 2006
By Javed Aziz Khan
The Muttahida Majlis-e-Amal (MMA) and the federal government are fighting once again on a familiar bone of contention -- the implementation of the controversial Hasba Bill that the NWFP Assembly passed last month. The assembly had sent the draft to Governor Ali Mohammad Jan Aurakzai, whose assent would make it a law of the province.
According to legal experts the governor would be violating the constitution by returning the bill or not signing the draft within one month. However, the federal government came to his rescue by moving the Supreme Court of Pakistan against the bill. The government requested the apex court to stop the provincial government from establishing a parallel administrative system. The court barred the MMA government from implementing it on December 15 as well as directed the governor not to sign the draft before it arrived at a verdict on the case. The next hearing of the case has been scheduled for the third week of January.
Two days before the stay order, NWFP Chief Minister Akram Khan Durrani had announced formation of a committee headed by Education Minister Fazle Ali to propose names for the provincial and district ombudsmen. The committee had been tasked to complete its job within one week so that practical steps could be taken for the implementation of the Hasba Act. The process has been put to a stop after the stay order.
The bill has been lying pending for the last three and a half years. It was in June 2003 that the MMA government was forced to take back the bill in the same session in which the Shariat Bill was passed. The strong resistance, put up by the joint opposition MPAs in the NWFP Assembly belonging to ANP, PPPP, PPP-S, PML-Q and PML-N, forced the clergy-led government to amend certain clauses. It did so in consultation with the opposition as well as people from different walks of life.
MMA experts worked on the bill for another two years to remove some of the reservations of the opposition and Hasba Bill was tabled in the NWFP Assembly again in 2005. Despite strong opposition, the bill was passed with majority. The draft was sent to the governor NWFP who expressed certain reservations on it and returned it to the government. The MMA brought amendments in the Act and sent it again to the governor for approval. The volleying of the Act continued for a while after which the MMA announced to further amend the draft according to the wishes of the opposition. It took over an year and only raised the issue of Hasba Bill whenever it was under some kind of political pressure by the federal government.
After consultations with intellectuals, NGOs, politicians, religious scholars, professionals and people from different walks of life, MMA tabled it again on November 13. This was the time when the Supreme Council of the alliance had announced that they would be quitting from the assemblies in the first week of December. Despite the hue and cry raised by the opposition, the act was passed with a majority vote. Now it is pending in the governor's secretariat who has been directed by the Supreme Court of Pakistan not to sign it before its verdict.
The Attorney General of Pakistan Makhdoom Ali Khan during his arguments before a larger bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry argued that the NWFP government has included certain sections in the draft of the Bill that the court had declared in violation of the constitution. Another objection of the Attorney General was that the Bill is against Article 175 of the constitution that will result in establishment of a parallel judicial system in the province.
The federal government believes the Hasba Bill is not only unconstitutional but un-Islamic as well. "The bill is un-constitutional and un-Islamic and that is why the Supreme Court has stayed its implementation. The provincial government should wait for the decision of the court," Information Minister Mohammad Ali Durrani told newsmen in Peshawar.
Another Durrani who happens to be the chief minister of NWFP thinks it's a forward step to enforce an Islamic system of government in NWFP. Contradicting the statement of Information minister that the establishment of Hasba Force would cost Rs.8 billion and 1000 personnel would be recruited, the chief minister says the Hasba Department would cost Rs.26.5 million per annum. He also vowed to fight a legal battle in the Supreme Court and is looking for a panel of reputed lawyers to defend the MMA's case.
Federal Minister for Political Affairs Amir Muqam, who is a staunch MMA opponent, and is supported in this opposition by none other than President Musharraf himself, thinks the Hasba Act would result in establishing a parallel administration in the province. Elected on an MMA ticket in the general elections, the federal minister has emerged as the strongest critic of MMA.
"Strengthening institutions is the only solution to a number of our problems. We will have to respect the parliament to avoid further complications," remarked Bakht Jehan Khan Advocate, and Speaker of NWFP Assembly. He opined they would accept whatever the decision of the apex court is in the case.
The implementation of Hasba Act did not seem to be on the cards after the resignation furore raised by MMA. In that sense, it was perfectly timed. It did succeed in deflecting attention from the resignation issue for a bit and not for long. It was clear all along that the two major partners, JUI-F and JI, stand divided on the issue. Thus, while the chief minister, who is a senior leader of the JUI-F, was preparing to take practical steps for the implementation of the Act, a seasoned JI leader Senator Professor Ibrahim was saying at a seminar that the implementation of Hasba was impossible since the religious parties had already decided to quit.
The tabling of Hasba Bill in the midst of the resignation furore created by MMA was well-timed; it did deflect attention from the issue
Published THE NEWS on Sunday December 2006
By Javed Aziz Khan
The Muttahida Majlis-e-Amal (MMA) and the federal government are fighting once again on a familiar bone of contention -- the implementation of the controversial Hasba Bill that the NWFP Assembly passed last month. The assembly had sent the draft to Governor Ali Mohammad Jan Aurakzai, whose assent would make it a law of the province.
According to legal experts the governor would be violating the constitution by returning the bill or not signing the draft within one month. However, the federal government came to his rescue by moving the Supreme Court of Pakistan against the bill. The government requested the apex court to stop the provincial government from establishing a parallel administrative system. The court barred the MMA government from implementing it on December 15 as well as directed the governor not to sign the draft before it arrived at a verdict on the case. The next hearing of the case has been scheduled for the third week of January.
Two days before the stay order, NWFP Chief Minister Akram Khan Durrani had announced formation of a committee headed by Education Minister Fazle Ali to propose names for the provincial and district ombudsmen. The committee had been tasked to complete its job within one week so that practical steps could be taken for the implementation of the Hasba Act. The process has been put to a stop after the stay order.
The bill has been lying pending for the last three and a half years. It was in June 2003 that the MMA government was forced to take back the bill in the same session in which the Shariat Bill was passed. The strong resistance, put up by the joint opposition MPAs in the NWFP Assembly belonging to ANP, PPPP, PPP-S, PML-Q and PML-N, forced the clergy-led government to amend certain clauses. It did so in consultation with the opposition as well as people from different walks of life.
MMA experts worked on the bill for another two years to remove some of the reservations of the opposition and Hasba Bill was tabled in the NWFP Assembly again in 2005. Despite strong opposition, the bill was passed with majority. The draft was sent to the governor NWFP who expressed certain reservations on it and returned it to the government. The MMA brought amendments in the Act and sent it again to the governor for approval. The volleying of the Act continued for a while after which the MMA announced to further amend the draft according to the wishes of the opposition. It took over an year and only raised the issue of Hasba Bill whenever it was under some kind of political pressure by the federal government.
After consultations with intellectuals, NGOs, politicians, religious scholars, professionals and people from different walks of life, MMA tabled it again on November 13. This was the time when the Supreme Council of the alliance had announced that they would be quitting from the assemblies in the first week of December. Despite the hue and cry raised by the opposition, the act was passed with a majority vote. Now it is pending in the governor's secretariat who has been directed by the Supreme Court of Pakistan not to sign it before its verdict.
The Attorney General of Pakistan Makhdoom Ali Khan during his arguments before a larger bench of the Supreme Court headed by Chief Justice Iftikhar Mohammad Chaudhry argued that the NWFP government has included certain sections in the draft of the Bill that the court had declared in violation of the constitution. Another objection of the Attorney General was that the Bill is against Article 175 of the constitution that will result in establishment of a parallel judicial system in the province.
The federal government believes the Hasba Bill is not only unconstitutional but un-Islamic as well. "The bill is un-constitutional and un-Islamic and that is why the Supreme Court has stayed its implementation. The provincial government should wait for the decision of the court," Information Minister Mohammad Ali Durrani told newsmen in Peshawar.
Another Durrani who happens to be the chief minister of NWFP thinks it's a forward step to enforce an Islamic system of government in NWFP. Contradicting the statement of Information minister that the establishment of Hasba Force would cost Rs.8 billion and 1000 personnel would be recruited, the chief minister says the Hasba Department would cost Rs.26.5 million per annum. He also vowed to fight a legal battle in the Supreme Court and is looking for a panel of reputed lawyers to defend the MMA's case.
Federal Minister for Political Affairs Amir Muqam, who is a staunch MMA opponent, and is supported in this opposition by none other than President Musharraf himself, thinks the Hasba Act would result in establishing a parallel administration in the province. Elected on an MMA ticket in the general elections, the federal minister has emerged as the strongest critic of MMA.
"Strengthening institutions is the only solution to a number of our problems. We will have to respect the parliament to avoid further complications," remarked Bakht Jehan Khan Advocate, and Speaker of NWFP Assembly. He opined they would accept whatever the decision of the apex court is in the case.
The implementation of Hasba Act did not seem to be on the cards after the resignation furore raised by MMA. In that sense, it was perfectly timed. It did succeed in deflecting attention from the resignation issue for a bit and not for long. It was clear all along that the two major partners, JUI-F and JI, stand divided on the issue. Thus, while the chief minister, who is a senior leader of the JUI-F, was preparing to take practical steps for the implementation of the Act, a seasoned JI leader Senator Professor Ibrahim was saying at a seminar that the implementation of Hasba was impossible since the religious parties had already decided to quit.
