What's new

Article 62 & 63: LHC takes notice of data Discrepancies

Slav Defence

THINK TANK VICE CHAIRMAN: ANALYST
Joined
Oct 30, 2010
Messages
7,574
Reaction score
117
Country
Pakistan
Location
Pakistan
LAHORE: A full bench of the Lahore High Court (LHC) on Saturday issued a written order in the case pertaining to the implementation of Article 62 and 63 of the Constitution on nominees hoping to contest the coming general election, DawnNews reported.The bench, headed by Justice Ijazul Hasan, moreover took notice of the discrepancy in the data provided by the Election Commission of Pakistan (ECP) and the National Accountability Bureau (NAB).The court’s six-page-long written order said the ECP had provided the court with data on 24,094 hopefuls whereas NAB had conveyed the details of 23,599 candidates.The court pointed out discrepancies between the information provided by the two departments over declaring 500 candidates and their family members as defaulters.Moreover, the bench summoned details on the candidates whose names appeared in the list of defaulters from Wapda, SNGPL, PTCL and other departments.The bench, in its interim order, directed the Federal Board of Revenue to add a column of defaulters in its records and to publish all the details on its website within three weeks.
 
A very nice article by Ayaz Amir.


Not such a benighted place after all....Islamabad diary


Ayaz Amir
Friday, April 12, 2013
From Print Edition

No, the lights are not being switched off and hope is not about to die. The barbarians may be at the gates and fellow-travellers, subscribing to the same school of thought, hiding in Trojan horses within but, and let us all take heart from this, the Republic is not about to fall. It is not a gone case...far from it.

Did anyone have any idea that the election scrutiny process, punctuated hilariously with the comedy show emanating from Articles 62 and 63 of the constitution (put there by that master of our sorrows, Gen Ziaul Haq), would lead to such an intense debate about the meaning of Pakistan? But such a debate has erupted and what fireworks it has produced.

Our land was famous for the unchecked reign of stupidity and folly. But it has been so different this time, a rare opportunity arising for a whole multitude of voices to be raised on the side of sanity and reason. And this was happening in the Islamic Republic not in any dreamland of our imagination. Try the same stuff in Saudi Arabia or Iran and we’ll be counting our blessings.

Humbug in the name of ideology, when was the last time it received such a whacking? Columns and articles, a spate of them, so many talk shows, exposing the baldness of that Nawabzada Sher Ali Khan-invented concept, the ‘ideology of Pakistan’ (the Nawabzada was information minister to that great Islamist, Gen Yahya Khan). All starting from the rejection of some nomination papers. Given the excitement that this has caused it wouldn’t be such a bad idea for nomination papers to be rejected more often.

We have created such an atmosphere in this country that it is easy to be cowed down by the antics of the stupidity brigade. In a country where Mumtaz Qadris are showered with rose petals, and former chief justices of the Lahore High Court think it a mark of signal honour to defend such heroes, and where sensitive laws are open to misuse, it is all too easy to create such a climate of fear. Emotive devices such as Islamic ideology and ideology of Pakistan further entrench this spirit of conformity.

But the lesson is clear. Good people should stand up and speak out and when they do, it makes a difference, as has happened in the instant case. I don’t blame the returning officers. Too much has been put on their plate, doing judicial work in their normal hours and taking up nomination papers only after that...and My Lord the Chief Justice, never one to let things be, going up and down the country exhorting them to do their work honestly, without fear or favour. Under this kind of psychic pressure, if some returning officers end up making monkeys of themselves, who is to blame?

Even so, we have to hand it to the judicial system that it has been righting some of the more egregious wrongs committed in the scrutiny process. In my particular case the arguments dressed up in the robes of Islam and ideology presented before the returning officer in Chakwal were regurgitated before the appellate tribunal in Rawalpindi. But the division bench comprising my lords Justice Rauf Ahmed Sheikh and Justice Mamoon Rashid Sheikh bought none of them and ruled in my favour.

It helped of course that Salman Akram Raja, one of the ablest and most articulate lawyers in the country today, was my counsel (charging me not a penny of course). Still, the point remains that when it comes to issues like blasphemy and ideology which are open to misuse and bring out the worst among the armies of the foolishly zealous, we should not hesitate to stand up for what we think is right. And if only we stand up half the battle is won.

But when we take refuge behind expediency not only do we lose the argument. We allow the morality and stupidity brigades – often one and the same thing – to become the maamas and chaachas (maternal and paternal uncles) of Pakistan.

Yes, there is much ideological claptrap in the constitution, stuff that could safely be taken out without jeopardising anyone’s hopes of salvation. But there is other fluff too such as, to quote a random example, Article 14 which proudly declares, “The dignity of man...shall be inviolable. No person shall be subjected to torture for the purpose of extracting information.” Try telling this to a thanedar in his thana. He’ll give you a constitutional lesson you won’t easily forget. We don’t get worked up about these exercises in abstraction. Why did we get so worked up about the morality clauses?

As if this wasn’t enough, we face another affliction. Old-guard Islamists were pleasant people. Gen Hamid Gul, Maulana Fazlur Rehman, Maulana Samiul Haq, Liaquat Baloch, Munawar Hasan, possessed of a sharp sense of humour and not without a twinkle in their eyes should the occasion so demand.

But the new breed of media mullahs now infesting the airwaves are deadlier branches of the old tree because they are totally devoid of humour and so full of themselves that it gives you a minor crick in the neck.

From these worthies come such gems as the following (in cold print): that Hurricane Sandy on America’s East Coast was divine punishment for the blasphemous film on the Holy Prophet made in California (on the West Coast), a strange proposition if for no other reason than that the Most High was getting His geography wrong; and that the hanging of Ilm Din Shaheed somehow led to the demand for Pakistan. Call this the new history.

Nor is all of this empty word-play. Consider the following: the Taliban, no less, want the lowdown on a character in their custody, Khalid Khawaja. And who do they ask? They make enquiries of some of our self-righteous friends, the upshot of which is a bullet in the neck of the luckless Khawaja. And not a word of regret, forget about remorse, from the self-righteous brigade.

But the good thing is that great as the nuisance value of this lunatic fringe may be, it is not about to overrun this country. God knows we have made a mess of things. We have embarked on adventures and gone down a road that would have undone any other country. That we are still holding on is maybe because of the resilience, the native toughness, of the people inhabiting this land. Enduring so much they can put up with loonies too. Or maybe because, despite our follies, good sense in some quarters still prevails.

Denunciation in the name of religion, killing in the name of religion: was this the meaning of Pakistan? A country for humbugs: was this its purpose? We were surely meant for something better.

Let’s forget about the souring of the initial promise. That’s part of history, dead and gone. The new Pakistan, faithful to the ideals of Jinnah, can still be built but provided that those who care about justice and fair play also possess the courage of their convictions and can deal with the loony brigade in the only currency it deserves: that of mockery and unrestrained laughter.

And maybe after these elections, the first in the country’s history leading to an orderly and democratic transition, we can leave the mists of the past behind and arrive at the shore of better things.

Email: winlust@yahoo.com

Not such a benighted place after all....Islamabad diary - Ayaz Amir
 
I think personally that there is nothing wrong with article 62 and 63,the problem is with proper way of implementation...:toast_sign:
 
I think personally that there is nothing wrong with article 62 and 63,the problem is with proper way of implementation...:toast_sign:

These articles did not exist in the original 1973 Constitution. These were the added by the bigot Zia ul Haq.

I concur that there is nothing wrong with the articles per se. However implementation of these articles is subject to personal interpretation of the person applying it. My objection is twofold.

1. It basically boils down to the Returning Officer deciding who is a good Muslim and who is not. Doesn’t this mean that first we should vet the Returning Officer? Else how a person not ‘Sadiq & Amin’ can pass a judgement on the candidate. There is a sprinkling of non-Muslims in the Pakistan judiciary. Suppose the returning officer is a Hindu or a Christian, would you let them judge a Muslim candidate in the light of these articles?

2. Main purpose of inclusion of these articles was for the then establishment (Zia ul Haq) to have the power to be the final arbitrator of the person/ persons allowed to contest the election; similar to Iranian ‘Committee of the Guardians’.

I am against non-elected person or persons having the authority to vet the candidates. This goes against the spirit of democracy. Of course if any person has been convicted by a Court of Law, everyone knows about it and such person would be disqualified without the application of these articles.
 
These articles did not exist in the original 1973 Constitution. These were the added by the bigot Zia ul Haq.

I concur that there is nothing wrong with the articles per se. However implementation of these articles is subject to personal interpretation of the person applying it. My objection is twofold.

1. It basically boils down to the Returning Officer deciding who is a good Muslim and who is not. Doesn’t this mean that first we should vet the Returning Officer? Else how a person not ‘Sadiq & Amin’ can pass a judgement on the candidate. There is a sprinkling of non-Muslims in the Pakistan judiciary. Suppose the returning officer is a Hindu or a Christian, would you let them judge a Muslim candidate in the light of these articles?

2. Main purpose of inclusion of these articles was for the then establishment (Zia ul Haq) to have the power to be the final arbitrator of the person/ persons allowed to contest the election; similar to Iranian ‘Committee of the Guardians’.

I am against non-elected person or persons having the authority to vet the candidates. This goes against the spirit of democracy. Of course if any person has been convicted by a Court of Law, everyone knows about it and such person would be disqualified without the application of these articles.

And I condemn such personal questions they are asking to candidates like "why their married life was spoiled" or their suggestions that"don't let your wife to take part in elections or else your personal married life will be ruined"
where as questions about basic knowledge of Islam..I think there is nothing wrong in it...OUR LEADERS MUST BE ELIGIBLE ENOUGH that they at-least know that how to recite basic surahs or when Pakistan was made??so that fools like Rehman Malik does not rule us again
 
Another excellent piece on the same subject.

The phantom of an ideological state


S Iftikhar Murshed
Sunday, April 14, 2013
From Print Edition


“The sublime faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual, in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and our politicians should understand that if Divine commands cannot make or keep a man a Musalman, their statutes will not.” These are not the imported words of those who have no understanding of the timeless message of the Quran. They constitute the distillate of the compendious report on the Punjab disturbances of 1953 authored by Chief Justice Muhammad Munir and Justice M R Kayani.

Both men have since passed away, but unfortunately the wisdom of their thoughts was ignored and soon faded from the tablet of public memory. Through Pakistan’s short but troubled history, politicians have unfailingly exploited religion to promote their selfish ambitions. In 1973, two decades after the Punjab disturbances, Zulfikar Ali Bhutto promulgated what was touted as “Pakistan’s first ever consensus constitution.”

The claim was advanced that an “unstoppable constitutional revolution,” which would result in the emancipation and empowerment of the downtrodden masses, had been set in motion. But closer to the truth was that the seven constitutional amendments enacted by Bhutto prior to his ouster in Ziaul Haq’s military coup in 1977, were prompted by no higher a motive than the perpetuation and the consolidation of his own powers. However, it was in the second amendment, which excommunicated Ahmadis, that Bhutto committed the fatal blunder of yielding ground to the religious right. He had unwittingly sowed the seeds of a whirlwind that would eventually propel him mercilessly to the gallows.

It was political expediency, and not religious belief, that had prompted Bhutto to shepherd the passage of this amendment. This is corroborated in an informative article recently carried by a Lahore-based newspaper which recalled that he had to persuade Dr Abdus Salam to remain in the government and had even promised that he “would undo the second amendment one day.” Two years later, in 1976, Bhutto wrote to Sir Zafrullah Khan extolling his services for the Muslims of South Asia, particularly during his one-term presidency of the All India Muslim League.

With the adoption of the second amendment, Pakistan’s only Nobel laureate and its first foreign minister were, in one sweep, declared non-Muslims. It is strangely ironical that during his recent visit to Islamabad, Egypt’s Islamist president, Muhammad Morsi, did not have the least hesitation in saying that Dr Abdus Salam was a source of pride for the entire Islamic world.

Decades earlier, yet another Egyptian president, Gamal Abdel Nasser, expressed gratitude for Sir Zafrullah Khan’s defence of the Arab and Palestinian cause at the UN in a similar, but much stronger, vein.

The quest for power in the guise of piety has always defined the politics of Pakistan. Ziaul Haq, supported to the hilt by the religious right, had a field day in further disfiguring the 1973 Constitution on the pretext of bringing the basic law into conformity with Islamic injunctions. Through the Revival of the Constitution Order, 1985 changes were incorporated in Articles 62 and 63 which pertain to the eligibility criteria for membership of the majlis-e-shoora (parliament).

Article 62 (d) insists that a candidate for parliamentary elections must not be “commonly known as one who violates Islamic injunctions”, whereas the next clause mandates that he must have an “adequate knowledge of Islamic teachings,” carries out his religious obligations and abstains “from major sins.” These hare-brained additions to the constitution are difficult to reconcile with several passages of the Quran which unambiguously affirm that only God can determine who is or is not a good Muslim.

But the hypocrisy is laid bare in 62 (h) which stipulates that only those who have not “after the establishment Pakistan, worked against the territorial integrity of the country or opposed the ideology of Pakistan” qualify for election to parliament. In other words those who had fought tooth and nail against the concept of Pakistan and had condemned Jinnah to eternal damnation as kafir-e-azam were exonerated.

For the first fifteen years after its emergence as an independent state, nobody knew what the country’s ‘ideology’ was. It was only in 1962 when the Political Parties Bill was being discussed in the third National Assembly that a solitary member, Maulvi Abdul Bari of the Jamaat-e-Islami, moved an amendment that sought to outlaw any party opposed to the ‘ideology of Pakistan.’ When Fazal Ilahi Chaudhry, who, eleven years later, was to become the figurehead president of Pakistan, objected that the ideology of the country would first have to be defined, he was curtly told by the cleric that it was Islam. Not a single parliamentarian dared raise any further question and the amendment was accordingly accepted.

Jinnah understood only too well the extent to which Islam is liable to be exploited by religious parties. In his address to the Muslim University Union in Aligarh on February 5, 1938, he declared: “What the Muslim League has done is to set you free from the reactionary elements of Muslims and to create the opinion that those who play their selfish games are traitors. It has certainly freed you from that undesirable element of maulvis and maulanas.”

He was completely wrong. Barely six months after his death, the Objectives Resolution was adopted by the constituent assembly and Islam became the state religion. The rationale advanced by Prime Minister Liaquat Ali Khan was: “Islam is not just a matter of private beliefs and conduct... (it) is essentially based upon spiritual values. For the purpose of emphasising these values and to give them validity, it will be necessary for the state to direct and guide the activities of the Muslims...” Jinnah’s impassioned presidential address to the same assembly on August 11, 1947 in which he said that religion had nothing to do with the business of the state was all but forgotten.

When the Objectives Resolution was tabled, a member of the opposition from the former East Pakistan, Bhupendra Kumar Datta, pleaded: “Let us not do anything here today that may consign our future generations to the furies of a blind destiny.” He warned that in course of time “a political adventurer” could use the Resolution and particularly its preamble “to impose his will and authority on this state.” His words were prophetic.

Since the adoption of the Objectives Resolution politicians have chased the mirage of an Islamic state. The Munir Report asked: “What then is the Islamic state of which everyone asks but nobody thinks...The ulema were divided in their opinions when they were asked to cite some precedent of an Islamic state in Muslim history...The phantom of an Islamic state has haunted the Musalman throughout the ages and is a result of the memory of the glorious past when Islam rising like a storm from the least expected quarter of the world – the wilds of Arabia – instantly enveloped the world, pulling down from their high pedestal gods who had ruled over man since the creation, uprooting centuries old institutions and superstitions and supplanting all civilisations that had been built on an enslaved humanity.”

The writer is the publisher of Criterion Quarterly. Email: iftimurshed@gmail.com

The phantom of an ideological state - S Iftikhar Murshed
 
Looking at these articles from a different angle:

Short-circuit solutions


Babar Sattar
Sunday, April 14, 2013
From Print Edition

Legal eye

Within the buffoonery of the electoral scrutiny process is implicit the enthusiasm of controlled-democracy proponents to cleanse political stables through abuse of the legal process. That public officials should be subject to a higher level of scrutiny is uncontestable. Candidates who offer themselves as trustees to act in the name of people ought to be law-abiding citizens.

The right of the ordinary citizen to make informed choices at the polls highlights the need to publicly disclose record of candidates’ assets and liabilities, payment of taxes, educational qualifications etc. But let us understand that the electoral scrutiny process isn’t meant to fix all ills of our democracy, our polity and our justice system.

Part of the explanation for our chequered political history is our predominant reliance on agents of change external to the system. We have looked to army chiefs to ‘sort out’ the politicians through use of the stick to make the country safe for democracy. The past few years we have been looking to the judiciary to emerge as our saviour, stamp out the crooked politician and deliver a sterilised representative system of governance. And now it is the returning officers who are supposed to separate the grain from the chaff through summary scrutiny of nomination forms, send packing all vice-ridden politicos, and manufacture a political elite that will make this a land of milk and honey.

But let’s focus on the good. It is undeniable that the scrutiny madness is constructive in ways. The enhanced disclosure mandated by the Election Commission, the emphasis of a vibrant media to make disclosures publicly available and the zeal of rival candidates to hunt for gaps in order to knock opponents out of the election race through legal process is helping change behaviours. We live in a society where wrongful acts of the powerful generally produce no direct consequences for them. A realisation is now setting in that in case you wish to vie for public office you must order your life and your affairs in a manner that is defensible before the public as well as in the eyes of the law.

It is clear now that when the graduation requirement was imposed (however ill-advised) the reflex of non-complying candidates was to indulge in fraud as opposed to sitting for BA exams. This was a consequence of the gaping hole between law and its application. As an activist judiciary has decreased this gap (in relation to politicians at least) and illegal acts have come back to haunt, the response of our political class to requirements of the law is also changing.

Notwithstanding occasional excesses, we have also seen excellent analytical and investigative journalism, such as Umar Cheema’s ‘Representation without Taxation’. The growing enthusiasm for public and legal accountability will now be hard to quell. The more information will come into the public domain, the more scrutiny it will attract and the more people will be asked to account for their conduct in public and legal forums. The move toward greater transparency and accountability in public life is good news for Pakistan and will not remain limited to the political domain. We are indeed moving in a direction that will spare no holy cows – the khakis, the judges and the journos, et al.

The second constructive effect of the scrutiny madness is that the Article 62/63 debate is coming out in the open. There is a liberal-conservative divide in Pakistan, like all other countries. The liberal approach here to dealing with the conservatives has been to ignore them altogether and pretend that the two worlds – the liberal and the conservative – will continue to coexist peacefully so long as we keep mum about the relationship between religion and state. The instances of returning officers quizzing candidates over their faith, morality and piety have put this fantasy to rest.

We will need to talk about the elephant in the room. By ignoring the maulvi, the liberal has ceded to him valuable public space as well as the right to question the role of religion in relation to collective rights of society. And with the ability and willingness of extreme fringes of the conservative curve to inflict physical violence to enforce its viewpoint, reclaiming the space even to make a liberal argument is a challenge. But what the intolerance and ignorance at display in demands for moral scrutiny of candidates could do is slap the liberal out of apathy. It is dangerous even to argue that the state shouldn’t be in the business of enforcing religion, but these are desperate times.

You can speak now or forever hold your peace in allowing self-appointed guardians of faith and morality dictating to you how you ought to live your life and raise your kids. Religion and faith for many is about discovering the truth about this universe. Like any discovery process, it involves inquiry, contemplation, doubt, analysis and belief. Reasonable people will come out with a different meaning of the truth even when they start with the same basic sources. Allowing the state to enforce religion is offensive to many inalienable rights of the individual, including the right to profess and practice religion.

Who will decide what the undisputed core of religion is that should be enforced? As Islam is a complete code of life, wouldn’t an Islamic state need to adopt a maximalist view of religion? Shall we enforce the literal textual meaning of scriptures or the underlying values and principles that the text is meant to uphold? Who will make authoritative rulings when differences arise over competing values or how competing rights are to be balanced? The constitution has left it to the courts to given final judgements about interpretation of legal texts? Who will be the final arbiter in case of differences over religious texts?

It is often debated whether law has the moral authority it claims and the resounding answer from jurists has been that it doesn’t. You might not agree with a law or its interpretation, but you abide by it or face the consequences of disobedience. On the contrary, religion is all about moral authority. How would you react when your belief about how you should order your relationship with God is different from how the state believes you should? Once you concede that one group of citizens has a right to define religion for you and enforce it through the instrumentality of the state, you are in fact ceding your right to profess and practice your religion freely.

Human progress is contingent upon our cognitive faculties and their use. When Muslim societies succeeded they were more knowledgeable and learned in comparison with their contemporaries. The world learnt English because it became the language of power. It is now interested in learning Chinese because China is rising. It will not become interested in Arabic because we write down in our constitution that we will whip anyone who refuses to learn Arabic.

The electoral scrutiny process has projected the consequences of our priorities. We don’t reform our justice system at the grass roots but are aghast at the questions our judges asked when acting as ROs. We don’t invest in progressive education for all but wonder why so many here believe that if we stop thinking and grow beards we’ll be all right. We are not a mess because a tiny minority in this country secretly consumes alcohol. We are a mess because we are not in the business of producing ideas and or able to compete with those producing ideas. We are a mess because we are not providing our youth with the means to undertake upward social mobility and make something out of their lives in this world. And the blame for that rests with our liberal elite and not the moral brigade.

The writer is a lawyer based in Islamabad. Email: sattar@post.harvard.edu

Short-circuit solutions - Babar Sattar
 
These articles did not exist in the original 1973 Constitution. These were the added by the bigot Zia ul Haq.

I concur that there is nothing wrong with the articles per se. However implementation of these articles is subject to personal interpretation of the person applying it. My objection is twofold.

1. It basically boils down to the Returning Officer deciding who is a good Muslim and who is not. Doesn’t this mean that first we should vet the Returning Officer? Else how a person not ‘Sadiq & Amin’ can pass a judgement on the candidate. There is a sprinkling of non-Muslims in the Pakistan judiciary. Suppose the returning officer is a Hindu or a Christian, would you let them judge a Muslim candidate in the light of these articles?

2. Main purpose of inclusion of these articles was for the then establishment (Zia ul Haq) to have the power to be the final arbitrator of the person/ persons allowed to contest the election; similar to Iranian ‘Committee of the Guardians’.

I am against non-elected person or persons having the authority to vet the candidates. This goes against the spirit of democracy. Of course if any person has been convicted by a Court of Law, everyone knows about it and such person would be disqualified without the application of these articles.

I resent the fact that you called Zia-Ul-Haq a bigot. I demand an apology.
 
I resent the fact that you called Zia-Ul-Haq a bigot. I demand an apology.

Hon Sir,

Zia usurped the power by a military coup and changed text books to propagate his views. Still you resent that I call him a bigot! What would you call a person who claims with impunity that Pakistan’s constitution is nothing but a piece of paper which he can tear any time he wishes?

Zia ul Haq is directly responsible for the rise of sectarianism, Kalashnikov culture and the drug mafia in Pakistan. I hope he rots in hell for all eternity for the harm he did to my Pakistan and her future generations.

I have been witness to the birth of Pakistan and destruction of her social fabric by the very forces that were deadly opposed to the creation of Pakistan. Zia ul Haq was allied to JI whose founder Maulana Maudoodi named the Quaid ' Kafir Azam '.

Zia is no doubt darling of the anti- Pakistan forces. You have every right to love him to bits if you like what he did; I have no quarrel with that. An apology from me, over my dead body!

I quote another article published in the Dawn of today which aptly describes how the wily bigot Zia exploited Islam to keep him in power.


Smokers’ Corner:

Recently, a shocking display of self-righteous tactics employed by the Returning Officers (ROs) while whetting the moral standing of candidates for the May 11 election triggered a series of heated debates in the media.

The controversy revolved around Articles 62 and 63 in the Constitution which were introduced by a reactionary military dictator in the 1980s.

Yet, even after the demise of the dictator, about 15 years of civilian rule couldn’t put the controversial articles up for any worthwhile democratic scrutiny or debate.

The mentioned articles are based on almost entirely abstract allusions about Pakistan’s founding ideology. No matter how much the term Pakistan Ideology is mentioned in the country’s school textbooks and by the mainly right-wing intelligentsia, the truth is that the term has never been fully defined and/or agreed upon.

But it is also true that in spite of the fact that the so-called Pakistan Ideology (Nazariya-i-Pakistan) is at best a figment of lofty and illusionary thinking with very little connection to any substantial historical reality, it remains a widely used term among a majority of Pakistanis.

The main reason for this has been the kind of history almost each and every Pakistani has been taught at school and college ever since the mid-1970s. School and college students are actively discouraged from understanding history as a set of facts based on literary and archaeological evidence.

They are also asked to blindly consume history (especially that of Pakistan) even when facts in this context suggest that much of it was written to fulfil certain manipulative ideological ends and to popularise political and social episodes that have little or no link to any historical reality as such.

No matter how aversely some Nazariya-i-Pakistan enthusiasts in the media, the ‘establishment’ or the intelligentsia may react to the above-mentioned scenario, the truth remains that the whole Pakistan Ideology bit is a comparatively recent construct (if not an outright convolution).

Scholars like Ayesha Jalal, Rubina Saigol and A.H. Nayyar, historians K.K. Aziz and Dr Mubarak Ali, and authors like Hussain Haqqani, Ian Talbot and Stephen P. Cohen have all provided reliable evidence to substantiate that the term Pakistan Ideology was nowhere to be found in the speeches and documents related to the founders of the country.

The ‘Pakistan Movement’ was based on the ‘Two-Nation Theory’ which considered the Muslims of India a separate political and cultural entity from the region’s Hindu majority and was dynamic enough to deserve a separate Muslim homeland. Nevertheless, even after Pakistan was created in 1947, there were more Muslims in India than there were in Pakistan.

The founding father, Mohammad Ali Jinnah was quick to realise this and according to two of his colleagues, Chaudhry Khaliq-uz Zaman and Huseyn Shaheed Suhrawardy, this is why in his first major speech to the Constituent Assembly (August 11, 1947), he emphasised Pakistan to be a Muslim nation-state that was broad-based in its make-up.

In his 1961 book, Pathway to Pakistan, Khaliq-uz Zaman suggests that the speech “effectively negated (and put to rest) the faith-based nationalism of the Pakistan Movement”.

So if Jinnah dropped the Islamic aspects of the movement, then what is the Pakistan Ideology?

Subscribers of this ideology explain it to be a belief in the ‘Two-Nation Theory’ and in the conviction that Pakistan came into being in the name of Islam and was destined to become an ‘Islamic state’.

Detractors, however, point to the fact that the Two-Nation Theory collapsed the moment the majority of Muslims stayed behind in India, making Jinnah affirm his idea of Pakistan as a Muslim-majority nation-state where the state will have nothing to do with religion.

Detractors also suggest that the Theory was contradicted once again in 1971, when Bengali Muslims in the former East Pakistan broke away to form a separate country on the basis of Bengali nationalism.

They further point out that had the founders conceived Pakistan as an Islamic state, they would not have been opposed by Islamic fundamentalists, many of whom were staunchly anti-Jinnah and thought the idea of Pakistan was an un-Islamic abomination.

Jinnah justified Pakistan as a Muslim majority state that would encapsulate the political, economic and cultural genius of the Muslims of South Asia without evoking the theological aspects of their faith.

He was also conscious of the history of polemical conflicts between the many Muslim sects and sub-sects Pakistan had inherited.

Unfortunately, his concerns and vision were rudely ignored after his death in 1948, and the ruling elite haphazardly began to give shape to a monolithic idea of Pakistan in which Islamic laws would be central (1949 Objectives Resolution).

The 1956 Constitution again spoke of an Islamic Republic, but the problem was, all this was being suggested without putting the plan up for any authentic democratic scrutiny or consensus in front of a multi-sectarian and multi-cultural polity.

Most nation states have a history of creating an idealised past to sustain their justification. It was during the secular military regime of Ayub Khan (1959-69) that the myths required to build a nationalist narrative began in earnest. He formed a Council of Islamic Ideology but populated it with liberal Islamic scholars.

The Council was more an exercise in painting Ayub’s polices as being close to Jinnah’s thinking, who, according to the Council, only believed in ‘controlled democracy’ and a centralised government. The Islamic aspect was given mere lip-service in the 1962 Constitution.

Ayub’s policies were opposed by the fundamentalist Jamaat-i-Islami (JI) that, in 1962, for the first time used the term Nazariya-i-Pakistan.

Over the next few years, JI, without mentioning Jinnah, continued to call for the creation of an Islamic state by claiming that it was a natural outcome of Nazariya-i-Pakistan.

Leftist thought and groups ascending in the late 1960s trashed JI’s claims by countering that Pakistan was conceived as a multi-ethnic and multi-cultural Muslim-majority country based on democracy and socialism.

Interestingly, it was during the populist and left-liberal government of ZA Bhutto (1972-77), that the term Nazariya-i-Pakistan first began to appear in textbooks and official lingo (especially after the passing of the 1973 Constitution).

The government rationalised the separation of East Pakistan as a natural occurrence because the real Pakistan was always West Pakistan or the region that ran along the mighty River Indus.

Though more friendly to the idea of the country being multi-cultural and multi-ethnic, the Bhutto regime explained that a largely homogenous understanding of Islam was the glue that kept all the ethnicities together (in the Indus region).

For this, the 1973 Constitution gave power to the state and government of Pakistan to define this so-called homogenous understanding of Islam.

In a land riddled with numerous sects, sub-sects and varied religious interpretations, the move was bound to alienate and even offend a number of Pakistanis who disagreed with the state’s version of Islam.

The Constitution actually took away the right of a Pakistani Muslim to interpret Islam for him or herself without state interference. But it was under General Zia, the man who toppled Bhutto in 1977— all that was first part of public debate (in the 1960s), and then a constitutional allusion in the 1970s became strict state policy — that Nazariya-i-Pakistan finally became an official creed.

Flushed with petro-dollars and an increasing confidence in his power, Zia unfolded a number of Islamic laws culled from interpretations of certain puritanical branches of Islamic thought and then (through textbooks, constitutional amendments and state media), weaved them to become the central planks of the Pakistan Ideology.

Ever since the 1980s, Nazariya-i-Pakistan has come down to mean the belief in the right of the Islamic state and Islamic constitution to not only define faith, but to also judge and measure the faith of the faithful as well as denounce and prosecute those deemed to be threats to the Pakistan Ideology.

All this has created sectarian and sub-sectarian divisions; justified state interference in matters of faith; and rationalised non-democratic intervention in the name of defending the ideology.

Consequently, the mindset has trickled down and armed people to openly manipulate faith as a means to meet self-righteous as well as cynical ends.

Lastly, the so-called called Pakistan Ideology has also left the youth of the country thoroughly confused about its identity in a rapidly changing and complex world.

For starters, instead of looking for their roots upon the ground that they stand on, many of them now look for these roots in the ways and trends of booming desert lands hundreds of miles away, as if Pakistan was conceived in Arabia.

Smokers
 
Hon Sir,

Zia ul Haq was the bigot of all bigots. He is directly responsible for the rise of sectarianism, Kalashnikov culture and the drug mafia in Pakistan. I hope he rots in hell for all eternity for the harm he did to my Pakistan and her future generations.

Zia used to say that Pakistan’s constitution is nothing but a piece of paper which he can tear any time he wants. Nevertheless he is a darling of anti- Pakistan forces and you have every right to love him to bits; an apology from me, over my dead body.

I quote another article published in the Dawn of today which aptly describes how the wily bigot Zia exploited Islam to keep him in power.


Smokers’ Corner:

Recently, a shocking display of self-righteous tactics employed by the Returning Officers (ROs) while whetting the moral standing of candidates for the May 11 election triggered a series of heated debates in the media.

The controversy revolved around Articles 62 and 63 in the Constitution which were introduced by a reactionary military dictator in the 1980s.

Yet, even after the demise of the dictator, about 15 years of civilian rule couldn’t put the controversial articles up for any worthwhile democratic scrutiny or debate.

The mentioned articles are based on almost entirely abstract allusions about Pakistan’s founding ideology. No matter how much the term Pakistan Ideology is mentioned in the country’s school textbooks and by the mainly right-wing intelligentsia, the truth is that the term has never been fully defined and/or agreed upon.

But it is also true that in spite of the fact that the so-called Pakistan Ideology (Nazariya-i-Pakistan) is at best a figment of lofty and illusionary thinking with very little connection to any substantial historical reality, it remains a widely used term among a majority of Pakistanis.

The main reason for this has been the kind of history almost each and every Pakistani has been taught at school and college ever since the mid-1970s. School and college students are actively discouraged from understanding history as a set of facts based on literary and archaeological evidence.

They are also asked to blindly consume history (especially that of Pakistan) even when facts in this context suggest that much of it was written to fulfil certain manipulative ideological ends and to popularise political and social episodes that have little or no link to any historical reality as such.

No matter how aversely some Nazariya-i-Pakistan enthusiasts in the media, the ‘establishment’ or the intelligentsia may react to the above-mentioned scenario, the truth remains that the whole Pakistan Ideology bit is a comparatively recent construct (if not an outright convolution).

Scholars like Ayesha Jalal, Rubina Saigol and A.H. Nayyar, historians K.K. Aziz and Dr Mubarak Ali, and authors like Hussain Haqqani, Ian Talbot and Stephen P. Cohen have all provided reliable evidence to substantiate that the term Pakistan Ideology was nowhere to be found in the speeches and documents related to the founders of the country.

The ‘Pakistan Movement’ was based on the ‘Two-Nation Theory’ which considered the Muslims of India a separate political and cultural entity from the region’s Hindu majority and was dynamic enough to deserve a separate Muslim homeland. Nevertheless, even after Pakistan was created in 1947, there were more Muslims in India than there were in Pakistan.

The founding father, Mohammad Ali Jinnah was quick to realise this and according to two of his colleagues, Chaudhry Khaliq-uz Zaman and Huseyn Shaheed Suhrawardy, this is why in his first major speech to the Constituent Assembly (August 11, 1947), he emphasised Pakistan to be a Muslim nation-state that was broad-based in its make-up.

In his 1961 book, Pathway to Pakistan, Khaliq-uz Zaman suggests that the speech “effectively negated (and put to rest) the faith-based nationalism of the Pakistan Movement”.

So if Jinnah dropped the Islamic aspects of the movement, then what is the Pakistan Ideology?

Subscribers of this ideology explain it to be a belief in the ‘Two-Nation Theory’ and in the conviction that Pakistan came into being in the name of Islam and was destined to become an ‘Islamic state’.

Detractors, however, point to the fact that the Two-Nation Theory collapsed the moment the majority of Muslims stayed behind in India, making Jinnah affirm his idea of Pakistan as a Muslim-majority nation-state where the state will have nothing to do with religion.

Detractors also suggest that the Theory was contradicted once again in 1971, when Bengali Muslims in the former East Pakistan broke away to form a separate country on the basis of Bengali nationalism.

They further point out that had the founders conceived Pakistan as an Islamic state, they would not have been opposed by Islamic fundamentalists, many of whom were staunchly anti-Jinnah and thought the idea of Pakistan was an un-Islamic abomination.

Jinnah justified Pakistan as a Muslim majority state that would encapsulate the political, economic and cultural genius of the Muslims of South Asia without evoking the theological aspects of their faith.

He was also conscious of the history of polemical conflicts between the many Muslim sects and sub-sects Pakistan had inherited.

Unfortunately, his concerns and vision were rudely ignored after his death in 1948, and the ruling elite haphazardly began to give shape to a monolithic idea of Pakistan in which Islamic laws would be central (1949 Objectives Resolution).

The 1956 Constitution again spoke of an Islamic Republic, but the problem was, all this was being suggested without putting the plan up for any authentic democratic scrutiny or consensus in front of a multi-sectarian and multi-cultural polity.

Most nation states have a history of creating an idealised past to sustain their justification. It was during the secular military regime of Ayub Khan (1959-69) that the myths required to build a nationalist narrative began in earnest. He formed a Council of Islamic Ideology but populated it with liberal Islamic scholars.

The Council was more an exercise in painting Ayub’s polices as being close to Jinnah’s thinking, who, according to the Council, only believed in ‘controlled democracy’ and a centralised government. The Islamic aspect was given mere lip-service in the 1962 Constitution.

Ayub’s policies were opposed by the fundamentalist Jamaat-i-Islami (JI) that, in 1962, for the first time used the term Nazariya-i-Pakistan.

Over the next few years, JI, without mentioning Jinnah, continued to call for the creation of an Islamic state by claiming that it was a natural outcome of Nazariya-i-Pakistan.

Leftist thought and groups ascending in the late 1960s trashed JI’s claims by countering that Pakistan was conceived as a multi-ethnic and multi-cultural Muslim-majority country based on democracy and socialism.

Interestingly, it was during the populist and left-liberal government of ZA Bhutto (1972-77), that the term Nazariya-i-Pakistan first began to appear in textbooks and official lingo (especially after the passing of the 1973 Constitution).

The government rationalised the separation of East Pakistan as a natural occurrence because the real Pakistan was always West Pakistan or the region that ran along the mighty River Indus.

Though more friendly to the idea of the country being multi-cultural and multi-ethnic, the Bhutto regime explained that a largely homogenous understanding of Islam was the glue that kept all the ethnicities together (in the Indus region).

For this, the 1973 Constitution gave power to the state and government of Pakistan to define this so-called homogenous understanding of Islam.

In a land riddled with numerous sects, sub-sects and varied religious interpretations, the move was bound to alienate and even offend a number of Pakistanis who disagreed with the state’s version of Islam.

The Constitution actually took away the right of a Pakistani Muslim to interpret Islam for him or herself without state interference. But it was under General Zia, the man who toppled Bhutto in 1977— all that was first part of public debate (in the 1960s), and then a constitutional allusion in the 1970s became strict state policy — that Nazariya-i-Pakistan finally became an official creed.

Flushed with petro-dollars and an increasing confidence in his power, Zia unfolded a number of Islamic laws culled from interpretations of certain puritanical branches of Islamic thought and then (through textbooks, constitutional amendments and state media), weaved them to become the central planks of the Pakistan Ideology.

Ever since the 1980s, Nazariya-i-Pakistan has come down to mean the belief in the right of the Islamic state and Islamic constitution to not only define faith, but to also judge and measure the faith of the faithful as well as denounce and prosecute those deemed to be threats to the Pakistan Ideology.

All this has created sectarian and sub-sectarian divisions; justified state interference in matters of faith; and rationalised non-democratic intervention in the name of defending the ideology.

Consequently, the mindset has trickled down and armed people to openly manipulate faith as a means to meet self-righteous as well as cynical ends.

Lastly, the so-called called Pakistan Ideology has also left the youth of the country thoroughly confused about its identity in a rapidly changing and complex world.

For starters, instead of looking for their roots upon the ground that they stand on, many of them now look for these roots in the ways and trends of booming desert lands hundreds of miles away, as if Pakistan was conceived in Arabia.

Smokers


Zia-Ul-Haq was my relative and I met him a few times when I was in my younger years.

You are slandering the man, and this is without bias.

Humaray khandan mein bad-duwa denay ki addat ney hain. So with all your heart you can keep cursing, but I know he would not and our family will not curse you.
 
Zia-Ul-Haq was my relative and I met him a few times when I was in my younger years.

You are slandering the man, and this is without bias.

Humaray khandan mein bad-duwa denay ki addat ney hain. So with all your heart you can keep cursing, but I know he would not and our family will not curse you.

Pakistan today is because of this man. Don't get all hurt because he's your "relative".
 
Try not to be an idiot in your assessment.

Pakistan was doing quite alright in the 50s and 60s, even better than India. This guy changed all of that with his unnecessary Islamic reformation. We could have easily been ahead of India today if it wasn't for him.
 
all kanjjars should be barred from holding political offices......why will a kanjjar man in his late 50's give life for his country sir??

all his life he earned haram ka maal and had illegal sex with women.........his real fun will start after 60...cause right now his secretary is watching...his boss is watching,,,,,his driver is watching,,,,,,his clients are watching.............a secular kanjjar who has built up foreign bank accounts.............and on saturday he is hosting a kanjjar party at his place.......on friday night the enemy attacks our country.......will the kanjjar make a decision to wage a war against the enemy?will he risk his life cause next day he is having a kanjjar party........he will run away....he will negotiate with enemy......he will switch sides......just save his life and his bank balance.


at the end of the day the kanjjar is a goof man who traded his wordly life of 60,70 years for a never ending life in hell fire.....
 
all kanjjars should be barred from holding political offices......why will a kanjjar man in his late 50's give life for his country sir??

all his life he earned haram ka maal and had illegal sex with women.........his real fun will start after 60...cause right now his secretary is watching...his boss is watching,,,,,his driver is watching,,,,,,his clients are watching.............a secular kanjjar who has built up foreign bank accounts.............and on saturday he is hosting a kanjjar party at his place.......on friday night the enemy attacks our country.......will the kanjjar make a decision to wage a war against the enemy?will he risk his life cause next day he is having a kanjjar party........he will run away....he will negotiate with enemy......he will switch sides......just save his life and his bank balance.


at the end of the day the kanjjar is a goof man who traded his wordly life of 60,70 years for a never ending life in hell fire.....


Kindly reflect on the Quote by the famous American author Mark Twain:

"It is better to keep your mouth closed and let people think you are a
fool than to open it and remove all doubt."
 
Back
Top Bottom