Provincial autonomy?
Sir,
The famous 18th Amendment became an act of parliament on April 19, 2010. It includes 102 amendments to various sections of the constitution, including the deletion of the concurrent legislative list. The devolution of ministries was done in three phases and 17 ministries were devolved. The provincial governments have made satisfactory progress and took charge of the development projects of the federal government.
The first shock regarding powers given to the provinces through the 18th Amendment has been initiated by the central government on issue of Rangers’ powers in Sindh. Rangers’ powers in Sindh have been curtailed or in other words controlled by the provincial government. The Sindh Assembly passed powers with a simple majority and the opposition agitated inside and outside the assembly. Since 23 years Rangers have been stationed in Sindh, but they controlled the situation in Karachi when they got powers about a year ago? Sindh’s urban areas saw many ethnic and other problems related to terrorism, but the Rangers were silently looking on for the last 22 years. Only one year ago were extra powers given to the Rangers. After gaining those powers, Rangers gave us excellent results. According to CPLC’s new chief, around 50% cases of target killing and kidnapping have reduced and the populace of Karachi are now sleeping in peace. According to Rangers, they need to retain those same powers to control/arrest abettors/supporters/financiers of terrorism. The Sindh Assembly extended the powers, but with some control, which the federal government did not allow. The federal government has now issued an order of powers on its own and extended 60 days of Rangers with same powers, which the Rangers have enjoyed for over a year. According to one figure, around 504 billion rupees have been spent on the presence of Rangers since 23 years in Karachi. If our government spent this money on education and health, then we would have much more brilliant minds today. If the government spent this money on poverty, then also we would have more well off people today rather than poverty-ridden people. Our poverty is increasing, illiteracy is on the rise, health is also deteriorating, but our government’s priority has not changed. I have never ever seen any serious debate on the deteriorating situation of education in Sindh. The opposition’s hue and cry on Rangers’ powers is good, but if they give the same priority to education then they may not need any special powers for any force. Education is the solution to all menaces of society and our elected representatives have nothing to do with education. Our security will never ever see the light of day till all children will not get proper education.
Now the fate of the 18th Amendment is hanging in the balance. Is it a soft attack on the powers of the provinces. According to the Sindh Government, they are paying billions of rupees annually on security-related expenses. Since the passing of the 18th Amendment by parliament in 2010, federalists in the bureaucracy and politicians have not spared a single opportunity to attack the powers of provinces. According to the 18th Amendment, article 164 demands that the Council of Common Interests should meet once a quarter, but CCI meets occasionally and not on a regular basis. This shows the federal government’s lack of interest about the CCI and Finance Commission Award. The mechanism for the collection of resources by provincial governments is yet to be introduced. Though the 18th Amendment envisaged a formula for the distribution of financial resources through the 7th NFC award, it has not been materialised. So these issues of the implementation of 18th Amendment are still pending and the current national government is taking less interest.
The opposition is crying in the assembly, but not understanding the powers of the assembly under the 18th Amendment.
Aijaz Ali Khuwaja,
Karachi.
VVIP private visits
Sir,
Every individual has a right to privacy, but when public officeholders utilise state funds and resources for frequent private visits to foreign countries, then it becomes an issue open to public scrutiny and audit. Any responsible state would ensure that every cent or paisa spent from taxpayer’s money or national exchequer should be strictly audited to prevent abuse of power by irresponsible and unethical public officeholders. Principles like conflict of interest must be strictly complied with, if national interests are to be protected and cancer of corruption is to be curtailed.
Since Musharraf’s tenure, this abuse has reached an epidemic situation. He went on needless foreign trips to visit his family living abroad, since most of them held foreign nationalities. When Asif Zardari became president, he was reported to have made fortnightly private trips to Dubai and some European countries on state expenses. Even PM Nawaz Sharif has done the same, with countless visits to London, Saudi Arabia and Dubai.
These frequent foreign junkets have brought into disrepute the high public offices they hold. Such visits must be cut down to a bare minimum and their cost must be borne by individuals themselves. In any case, the holding of any public office by an individual, be it elected or paid, must be justified by the person by being seen to be devoting his time and energy looking after affairs of the state from within the country, not from abroad.
Why should public officeholders, who make policy decisions that affect the destiny of millions, own assets abroad, unless and until they have lost faith in the future viability of this country? Those who do so make themselves open to pressure from foreign nations, where their assets and families are located and hence are likely to compromise on vital state security and national interests. These restrictions must be strictly imposed on those who hold paid sensitive assignments in security and bureaucratic establishments or serve as ambassadors.
Ali Malik,
Lahore.
Wishes for 2016
Sir,
Would it be too much to wish that Pakistan may have a selfless leader like Quaid-e-Azam or Allama Iqbal, men contended with honor and dignity of the offices that they held, who pay taxes, yearn to live in hearts and minds of people, devoid of any greed for ill-gotten money, who consider state funds as a trust, instead of spoils of war, act as custodians and protectors of state-owned enterprises, make appointments strictly on merit, who do not abuse power, nor misuse official status and powers for promotion of family businesses. Can citizens of Pakistan expect that the rule of law will be upheld in 2016, and not just be mere rhetoric and pep talk? Is it not a mockery of our constitution and laws that not a single high profile criminal involved in robbing the state of billions through corruption and land grabbing has ever been punished?
When will we have an independent and powerful election commission and a judiciary, which backs it, with enough teeth and moral courage to scrutinise every potential candidate vying to hold elected office in accordance with the law? Why should law enforcement and state prosecution become impotent and not arrest criminals, be they elected politicians, paid civil or khaki officials, or members of powerful pressure groups? Will 2016 see an end to this license to kill rape and mutilate helpless orphans, men and women by spoilt brats and scions of powerful affluent elite, who seem to have been given a ‘hunters gaming permit’ to commit heinous crimes and then get away after paying compensation?
Why should every government always end up appointing individuals who have been accused of financial and administrative indiscipline? When will Pakistan have rulers who do not suffer from inferiority complexes and live in houses spread over few canals, instead of scores of acres, and why should this country that cannot provide basic education, health, clean water and protection of live and private property to ordinary citizens spend millions on providing security to private residences of such rulers, who do not even pay taxes due from them?
Tariq Ali,
Lahore.
PIA strategic partnership
Sir,
With reference to the resolution adopted by the Senate disapproving “The PIA Corporation (conversion) Ordinance 2015” on 31 December 2015, either the institution has to be shut down or restructured, making the management and BOD free from political interference and the curse of cronyism, both of which being responsible for its destruction.
Where were all these senators when the flag carrier’s human resources were being destroyed by selling jobs to individuals with fake degrees by former high school MD Aijaz Haroon and Nadeem Yusafzai, and an unknown Dubai-based company was given the sole contract for supply of essential aircraft spares, leading to escalation in maintenance cost and grounding half the fleet? Did any of them bother when cartels were allowed to be created by corrupt executives in nexus with travel agents, which led to fleecing of Umrah and Hajj pilgrims, or the fine imposed by the London High Court penalising the airline in 2014?
Are these senators not aware that the PIA sent on forced retirement almost 30 permanent employees just to benefit the cousin of Fazalulah Pechua, while overburdening this surplus organisation with another 3000 in violation of merit and rule? Can PIA, with the highest ratio of employees per aircraft in the world, justify what amounts to rape with 1500 ghost employees who are activists of political parties? PIA’s official financial records from May 2008 to 2013 show that accumulated losses jumped from Rs 42.4 billion to over Rs 190 billion, and during this period, instead of a qualified chartered accountant, an ordinary account officer was given this charge.
PIA is a statutory organisation, yet its director administration had no more than high school qualifications, and employees dismissed on criminal offences were reinstated with back-dated seniority, while the former MD cancelled all catering contracts to give them solely to his family-owned company based in the UK, where they reside. There was not even an attempt to hide conflict of interest in awarding of contracts, GSA and GHA, with disastrous financial losses to an already bankrupt airline.
Almost 6 months have elapsed since the PIA Board of Directors approved the grounding of the ageing B747 fleet, but in order to justify surplus employees, over 30 pilots are still being shown on their strength and being paid all salaries with not a single flight operated, while the recently procured A320 lack basic essential safety equipment, rendering them unfit for international routes.
Gull Zaman,
Peshawar.
Rule of law and constitution
Sir,
When the PM, president, chief ministers, speaker, chairman senate and cabinet members get elected, it is the constitution of Pakistan from which they derive the powers and legitimacy to perform their designated roles. No where does the constitution or democratic norms and traditions grant any constitutional officeholder power to intervene, nor seek their prior approval, before arresting any criminal or any individual involved in corruption, irregularities such as abuse of power, money laundering, illegal recruitment and grabbing state or private property causing huge financial losses to the national exchequer. It is unfortunate that unchecked regularising of irregularities has over a period of time assumed almost an accepted precedent, although they have no legal cover as per law.
Why should the PM or CM be in the loop, if Dr Asim is to be arrested for criminal offences, including money laundering, land grabbing and providing medical aid to them without any medico legal cover. Unchecked corruption by the ruling elite and powerful stakeholders weakens rule of law and creates an ideal environment for chaos and disorder to prevail. When crime goes unpunished, criminal economy booms and attracts international criminals to seek a share of this tax free black money. Terrorism has gained roots in Pakistan, because of weak law enforcement cum prosecution and unless in the words of Theodore Roosevelt, “No man is above the law and no man is below it, nor do we ask any man’s permission when we ask him to obey it.”
Aneela Chandio,
Sukkur.
Follow the rules
Sir,
Bakhtawar Bhutto Zardari cast her first vote in Nawabshah on 30th December, amid tight security. A photo depicting the moment was carried in newspapers, in which it is seen that Bakhtawar is casting her vote, whereas her younger sister Aseefa is taking a photograph through her mobile.
I remember when I went to cast my vote in the recently held local government elections, I read a notification that said, “Use of mobile phones is strictly prohibited inside the polling station.”
Many common people also captured their voting pictures and uploaded them on social media sites, but to see Bakhtawar and Aseefa doing this, I am disappointed, as they are somehow responsible personalities and they must follow regulations.
Mubashir Mahmood,
Karachi.
Ill-advised picture
Sir,
I bring to your notice the picture accompanying the article “Splitting India IV”, which is a picture of a riot. In my opinion, such pictures must not be shown by a well-read responsible weekly as yours.
I am sure you must be aware that quite a few Indians also read TFT articles over the net and being one of them I feel that the said picture is offensive. I, therefore, request you to abstain from the use of such pictures in future. I hope you will consider my request favourably.
Gaurav,
India.
Pakistani dons
Sir,
Those familiar with Mario Puzo’s Godfather must be familiar with the role of the “consigliore”, who served as his lawyer and consultant, advising the don on safeguards required for implementing criminal acts to prevent his implication in any legal prosecution. This book was based on the Italian mafia’s involvement in criminal activities from 1945 to 1955. Pakistan itself has been hostage to various criminal mafias involved in criminal activities such as land grabbing, forming cartels, black marketing, tax evasion and organised crime involved in target killings, extortion, rape, kidnapping for ransom, money laundering. Profits generated by criminal economy are so lucrative and tempting that international criminals and terrorists have moved in, threatening the country’s very existence.
Unlike the consigliore who was solely involved with criminal mafia, the Pakistan mafia dons have hired the services of leading legal eagles and lawyers of repute, some of them even elected as parliamentarians and involved in bar politics, who rely on legal technicalities in nexus with corrupt bureaucracy and political executive to prevent prosecution. Few members of the media are also on their payroll.
Chandio,
Sukkur.
Financial NRO and tax culture
Sir,
All over the world, citizens pay taxes because failure to do so would incur severe punishments as per laws in existence. It is the fear of laws and severity of punishment that induces what we call a culture of tax in society. There is no such thing as voluntary payment of taxes. Replace the US Internal Revenue System with our FBR and tax evasion would be as rampant as it is in the Islamic Republic of Pakistan. Where does the constitution give powers to the PM or even parliament to pass laws that are discriminatory in essence?
The modern concept of a state with a disciplined armed militia, police, judiciary, parliament, bureaucracy, basic civil infrastructure and all other regulatory institutions would not be practicable unless taxes are collected to sustain such a system. Laws, when not implemented, only encourage violations. In the developed world, where rule of law prevails, the biggest crime against state is tax evasion, illegal occupation of state lands or pilferage of national exchequer. This most recent financial NRO announced by PM Nawaz Sharif follows similar amnesty schemes announced by the PPP government and their predecessor Musharraf. Such illegal amnesty schemes are a violation of the constitution, which guarantees equal rights for all citizens with no discrimination in application of laws. Just like the illegal criminal NRO given by Musharraf encouraged crime to flourish and criminal economy to grow, this financial NRO would only encourage tax evasion and promote growth of a black economy and flight of capital from Pakistan. It seems only those who pay taxes honestly in this country are not entitled to any privileges in Pakistan, while laws are relaxed to give relief to tax evaders and smugglers.
Ali Tariq,
Lahore.
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