Asian HRs Commission Hongkong Says Army Supported Al Qaeda Candidates

Pakistan military intends to back Al-Qaida candidates for the next parliament

There have been some developments recently that reveal that in the 2013 elections elements of the Taliban and Al-Qaida had been offered seats in the parliament. Before these developments the security agencies with the help of right wing parties have also allowed 53 sectarian candidates to contest the elections without passing through the sword of the articles 62 and 63 of the constitution which debar any candidate known to be involved in cases of sectarian violence, hate campaigns or having been charged with murder and killings through sectarian violence.

The military officials were remained busy in the Bajur agency, FATA, close to Afghan border, to make a deal with the agents of Al-Qaida for the coming elections.

During the time of filing the nomination papers the Military Commander of the Bajur agency, Brigadier Ghulam Haider, held a meeting with the local leadership of Jamat-e-Islami (JI) who, in the past had direct links with the militants of Al-Qaida and master minds of 9/11 and had provided shelter to them. There are two national assembly seats from the Bajur agency and these two seats were assured to JI and in return the JI and other jihadist organization will provide:

(1) logistic support to those who want to join Jihad in Afghanistan from Pakistani side and extend ‘melmastia’, the traditional tribal hospitality, to Mujahideen coming back from Afghanistan;

(2) JI will not oppose any operation in Bajaur but rather support any military operation in Bajure in future;

(3) JI will not oppose but rather help in constructing the road that connects Afghanistan with Pakistan (The road connects Chakdara via Munda-Bajaur-Ghakhi Pass-Kunar and Chakdara-Munda-Samar Bagh-Shahi-bin-Shahi-Asmaar-Kunar) and (4)the arrangement will remain intact between the two parties until a favourable government in Afghanistan is installed.

The reasons for such developments are described as the USA and Allied Forces are leaving Afghanistan next year so the military has geared up its contacts with those political-cum-religious parties who could help in furthering the interests of Pakistan and the military to establish their major share as a stake holder.

When the US and Allied forces entered Afghanistan, the religious parties in Pakistan were brought into the power in 2002 elections by the then military dictator, General Musharraf. Now, when these forces are leaving Afghanistan, there are hectic efforts to bring fundamentalists again into the power particularly in the province of Khyber Pukhtunkhwa (KP).

The May 11 elections are the first ever party-based elections in FATA history after the political parties order was extended to the tribal belt as part of reforms to the Frontiers Crimes Regulations (FCR) in 2011.

Mr. Haroon Rasheed and Sardar Khan of JI are contesting elections from the constituency of National Assembly 43 and 44 respectively.

Haroon Rasheed was also elected in 2002 on the JI ticket when military needed religious parties to help military government. He was providing shelter to the Al-Qaida militants at his house who were wanted at international level. In 2009, during the military operation, 10 Al-Qaida militants from the Arab countries were recovered who were hiding there since many years. His brother and nephew were arrested but brother was released and nephew is still behind the bar to safe him. His house has also been destroyed with many other houses in the Loi Sim area of Bajur. All destroyed houses were not allowed to be reconstructed but Haroon Rasheed’s house has been renovated as a special case.

The JI and its leaders were involved in providing shelter to Al-Qaida militants. The mastermind of 9/11 incident, Mr. Khalid Shiekh Mohammad was arrested from the house of Ahmed Abdul Qadoos, a leader of JI from Rawalpindi, Punjab, in March 2003 but with the help of Musharraf government Qadoos was released and no action has been taken against him. The same was with former provincial mister of KP, Mr. Siraj ul Haq, the president of JI from the province. He handed over one Al-Qaida man to his friend’s house in Durgai, the Malakand Agency. After some years the Al-Qaida militant was arrested by the military but no action has been taken against Haq and his friend, it was in the era of Musharraf government when Haq was the senior minister of the province.

Last January in Karachi, two Al-Qaeda operatives were arrested after a shoot-out in the house of Sabiha Shahid, another leader of the Jamaat’s women’s wing. Dr. Khawaja Javed and his brother, who are facing trial on charges of harbouring senior Al-Qaeda operatives and their families, in their sprawling residential compound outside Lahore, are closely related to a senior Jamaat leader.

According to the newsline report of 2003, Similarly, in Karachi, Jamaat (JI) activists were involved in the shoot-out which helped a third Arab to escape. “We have strong evidence of the Jamaat’s involvement with Al-Qaeda,” said a senior government official.

The Jamaat boasts the most active women’s wing of any political party. They have been in the forefront of the protests against the arrest of Al-Qaeda leaders. Many political leaders accuse the Jamaat of using its women members as human shields. Security officials maintain that Jamaat activists, who actively participated in the Afghan war against Soviet occupation, developed close contacts with the Arab fighters and the links continued after the war was over. “Their association with the Al-Qaeda is not surprising,” said a senior official. Faisal Saleh Hayat, the federal interior minister, said it was a matter of great concern to the government that top Al-Qaeda operatives were found to be harboured by the Jamaat. “How can they claim that Al-Qaeda fugitives are their guests?” he asked. In a press briefing on March 10, an ISI official maintained that individuals from the Jamaat were associated with the Al-Qaeda.

This time the military has again contacted the JI and other religious groups to induct religious candidates in the parliament so that the liberal and secular political parties should not come in majority and can not change the Islamic colour of the country. In the recent days the chief of the Army staff, General Kiyani has come out with the announcement that the Islamic Ideology is the basis of the creation of Pakistan and it can not be separated from the country. This announcement has been termed by media circles as the ‘pre-poll rigging’.

A deal is under way with many Jihadi groups and they were assured that the military will make their way in to the parliament but in return they have to extend their help in furthering its interests in Afghanistan by providing safety and security to the Jihadi elements. This is the reason that JI have been taken as the best via media for the militant organisations and in return JI will be given good numbers of the seats in the parliament.

The three political parties, the PPP, MQM and ANP and other political parties from Balochistan province, who are liberal and secular have been threatened by the Taliban that they would not be allowed to have freedom of election campaign. Their public meetings are continuously under the bomb attacks and the Taliban claim the responsibility. Those political parties who are supposing to the ‘friends of Taliban’ have the full freedom for the election campaign. The security forces are also not providing any security to stop the attacks of the liberal parties. A great divide has been made by the military, the caretaker government and election commission between the centre right and liberal political parties and all arrangement have made that those political parties must win who have the inclination towards Al-Qaida and Taliban.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) 2698-6339
Fax: +(852) 2698-6367
Web: humanrights.asia
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What to Do on May 11: Pakistan’s Kaun Banega Crorepati Day

Judiciary Should Not Interfere in Elections

by Baseer Naveed

Judiciary, (the sitting and retired judges) and the media houses have always remained on the side of autocratic governments. These people are trying to influence the elections for their narrow minded designs such as the centuries-old Islamic society and the selection of righteous persons who must be a role model for such a society on the pattern of the Taliban. Prior to this election the judiciary had always been a puppet of the military regime in power and up until now had never enjoyed such power of monitoring the affairs of the government.

Now the Supreme Court is coercing the election commission to select only those they consider ‘righteous’ through its judicial dictates.

Before, it was the military that selected the ‘righteous’ candidates and used coercive actions against the candidates who were attempting to create a democracy and who were in favour of political governments. However today the judiciary has taken up the role of putting the country on an Islamic system and is using Articles 62 and 63 of the Constitution as the best whip for the candidates to get favourable persons in the coming elections. These Articles sum up the requirements of a candidate. For example, his citizenship, age and registration as a voter, the candidate must be a righteous person and a strict adherent to the laws of Islam; alternatively, the candidate may be considered unsuitable if he or she is of unsound mind, an undischarged insolvent or a relative of such, has taken citizenship in a foreign country or has criticised the military and/or the judiciary. Furthermore, the candidate must have never propagated any idea or opinion contrary to the ideology of Pakistan.

The elections have become a mockery in that the judiciary has already decided the type of person they want in power. The person must be subservient to the higher judiciary, a servant of Islam and faithful to the armed forces. The media houses are also exerting pressure on the judiciary by issuing concocted stories against candidates that they consider unsuitable while at the same time promoting their own favourites. The purpose of this whole exercise is to undermine the rights of the people of the country to elect the person that they want in office. Their ‘line’ is that the only righteous candidates are those that the judiciary and the media houses promote.

The entire process of the nomination papers and their scrutiny has become a mockery due to the type of questions asked by the officers at the EC. Such questions include: how many wives do you have? If more than one are they both treated equally? Why do you have a second wife? How many times should you pray in a day and what are the names of the prayers? Candidates are asked to recite extracts from the Quran at random. Do you prefer your son over your daughter and why? The history and creation of Pakistan, and amazingly, do you prefer summer or winter? Which trees bear fruit and which do not? What is the correct method of taking a bath or shower? What is the correct method of ablution? What time of the evening to return home. These are just a few among the 60 questions that candidates must answer.

Such questions are asked which have nothing what-so-ever to do the suitability of the candidate to rule the country. They are designed solely for the purpose of insulting and humiliating any candidate that dares to take part in the election without the permission of the judiciary and the EC which consists of retired judges.

The judiciary has placed the EC in the position where it has three days to weed out those candidates who have forged their educational degrees, the defaulters of bank loans and those having dual citizenship. In the legal process it can be argued that no case can be decided upon within the short span of three days whereas such cases are pending in the higher courts for over ten years, particularly during the Musharraf era. Even the Supreme Court has failed to decide many cases but here they are forcing the EC and lower courts to do what they have not been able to do.

If the EC does not decide within three days it will affect the whole election process and there is the chance that it will be delayed just because the impossible standards of the Supreme Court cannot be met. In fact, the Supreme Court has taken to issuing arrest warrants for some candidates that they do not like and have even passed derogatory comments about them. It is quite evident by comments and general discussions in the media that this is nothing less than pre-poll rigging.

That the elections are being held by a civilian government should be a good thing and have the support of the civilian institutions as according to the wishes of the people. But when it becomes obvious that the Supreme Court is grooming the candidates of their choice it takes the country back to the era of General Muhammad Zia ul Haq, the creator of Articles 62 and 63. He wanted a ‘righteous’ person to be the candidate of the people but despite having the might of the military behind him, along with the power over life and death, even he failed. However, he did manage to find the most corrupt people of the society at that time using the sword of these articles.

One interesting situation that must be raised is as to how the Chief Justice himself and his judiciary failed to bring his son before the law on charges of corruption. Even the judges sitting in the Supreme Court acted like uncles in order to protect him and this was the most glaring example of nepotism in the history of the judiciary. How then is it possible that these same people have the right to decide on the criteria of a ‘righteous’ person?

The end result of the interference by the judiciary and the media houses is that it is the people who are once again being betrayed. This time not by the military but by those who are supposed to be a friend of democracy. It should not be forgotten that is was the people who are now being betrayed that fought in the streets for the reinstatement of the Chief Justice and the independence of the judiciary and by the same token, the independence of the Election Commission. It is this very judiciary that is now betraying those people.

Free and fair elections are the right of the people. However, it is feared that this right is being stolen from them in broad daylight by the very institutions that are supposed to be protecting that right. The actions of the EC and the higher judiciary are tantamount to influencing the people that they themselves do not have the right to elect the person of their choice. It is as if they do not have the intelligence to make a wise choice without the guidance of these institutions.

The Election Commission is not properly utilising the independence and the respect afforded them by parliament. Indeed, this in turn undermines the supremacy of the parliament for the coming five year period. If this is allowed to happen then there will be little difference between the versions of democracy available in the country today with the military rule that the country fought so hard to overcome.

If the higher judiciary and the media houses are allowed to make the choice for the people then it is the people that are being denied the fruits of democracy. The election process itself is the best trial of the suitability of the candidates.

Taliban Have Reached Karachi

Karachi is no stranger to gangland violence, driven for years by a motley collection of armed groups who battle over money, turf and votes.

But there is a new gang in town. Hundreds of miles from their homeland in the mountainous northwest, Pakistani Taliban fighters have started to flex their muscles more forcefully in parts of this vast city, and they are openly taking ground.

Taliban gunmen have mounted guerrilla assaults on police stations, killing scores of officers. They have stepped up extortion rackets that target rich businessmen and traders, and shot dead public health workers engaged in polio vaccination efforts. In some neighborhoods, Taliban clerics have started to mediate disputes through a parallel judicial system.

The grab for influence and power in Karachi shows that the Taliban have been able to extend their reach across Pakistan, even here in the country’s most populous city, with about 20 million inhabitants. No longer can they be written off as endemic only to the country’s frontier regions.

In joining Karachi’s street wars, the Taliban are upending a long-established network of competing criminal, ethnic and political armed groups in this combustible city. The difference is that the Taliban’s agenda is more expansive — it seeks to overthrow the Pakistani state — and their operations are run by remote control from the tribal belt along the Afghan border.

Already, the militants have reshaped the city’s political balance by squeezing one of the most prominent political machines, the Pashtun-dominated Awami National Party, off its home turf. They have scared Awami operatives out of town and destroyed offices, gravely undercutting the party’s chances in national elections scheduled for May.

“We are the Taliban’s first enemy,” said Shahi Syed, the party’s provincial head, at his newly fortified office. “They burn my offices, they tear down my flags and they kill our people.”

The Taliban drift into Karachi actually began years ago, though much more quietly. Many fled here after a concerted Pakistani military operation in the Swat Valley in 2009. The influx has gradually continued, officials here say, with Taliban fighters able to easily melt into the city’s population of fellow ethnic Pashtuns, estimated to number at least five million people.

Until recently, the militants saw Karachi as a kind of rear base, using the city to lie low or seek medical treatment, and limiting their armed activities to criminal fund-raising, like kidnapping and bank robberies.

But for at least six months now, there have been signs that their timidity is disappearing. The Taliban have become a force on the street, aggressively exerting their influence in the ethnic Pashtun quarters of the city.

Taliban tactics are most evident in Manghopir, an impoverished neighborhood of rough, cinder-block houses clustered around marble quarries on the northern edge of the city, where illegal housing settlements spill into the surrounding desert.

In recent months, Taliban militants have attacked the Manghopir police station three times, killing eight officers, said Muhammad Aadil Khan, a local member of Parliament.

In interviews, residents describe Taliban militants who roam on motorbikes or in jeeps with tinted windows, delivering extortion demands in the shape of two bullets wrapped in a piece of paper.

A factory owner in Manghopir, speaking on the condition of anonymity out of fear for his safety, said that several Pashtun businessmen had received demands for $10,000 to $50,000. The figure was negotiable, he said, but payment was not: resistance could result in an assault on the victim’s house or, in the worst case, a bullet to the head.

Mr. Khan said he had not dared to visit his constituency in months. “There is a personal threat against me,” he said, speaking at the headquarters of his party, the Muttahida Qaumi Movement, which represents ethnic Mohajirs, in the city center.

The militant drive has even distressed Manghopir’s most revered residents: the dozens of crocodiles who inhabit a pool near a Sufi shrine here.

The Muslim pilgrims who come here to pay homage to the shrine’s saint have long also brought scraps of meat for his reptile charges.

But lately, as visitor numbers have dwindled from hundreds per day to barely a few dozen, the roughly 120 crocodiles here have grown hungry, according to the animals’ elderly caretaker.

Police officials, militant sources and Pashtun residents say that three major Taliban factions operate in Karachi — the most powerful one, which is rooted in South Waziristan and dominated by the Mehsud tribe, and two others from the Swat and Mohmand areas.

A senior city police officer, speaking on the condition of anonymity, said that militant commanders with those factions send operational orders to Karachi from the tribal belt; while some captured militants have tried to justify their activities by citing the authorization of religious clerics in the northwest.

In cases, he added, regular criminal groups have posed as Taliban fighters in a bid to increase their power of intimidation.

Just why the Taliban are adopting such an aggressive profile in Karachi right now is unclear. Some cite the greater number of militants fleeing Pakistani military operations in the northwest; others say it may be the product of dwindling funds, as jihadi donors in the Persian Gulf states turn to the Middle East.

In any event, it has shaken the city’s bloody ethnic politics.

Since the 1980s, armed supporters of the Mohajir-dominated Muttahida Qaumi Movement have engaged in tit-for-tat violence with those of the Pashtun-dominated Awami National Party. In the worst periods, dozens of people have died in a day. Now, faced with a common enemy, figures in both parties say they have declared an uneasy, unofficial truce.

As well as the attack on the Awami party — which have seen it close 44 of its district offices across the city — the Pakistan Taliban claimed responsibility for two attacks on the Muttahida Qaumi Movement — first, a bombing that killed four people, then the assassination of a party parliamentarian.

In a recent interview with The New York Times in North Waziristan, the Taliban spokesman Ehsanullah Ehsan said the group was targeting both parties — as well as President Zardari’s PPP — for their “liberal” policies.

The security forces, shaken out of complacency, have begun a number of major anti-Taliban operations. The latest of those occurred on March 23 when hundreds of paramilitary Rangers raided a residential area in Manghopir, near the crocodile shrine, confiscating a cache of more than 50 weapons and rounding up 200 people, 16 of whom were later identified as militants and detained.

“I don’t think the Taliban would like to set Karachi aflame, because they fear the reaction against them,” said Ikram Seghal, a security consultant in Karachi. “The police and intelligence agencies have very good information about them.”

Other factors limit the Pakistani Taliban’s ingress into Karachi. One of the more provocative ones is that allied militants — particularly the Afghan Taliban — might not like the added publicity. The Afghan wing has long used the city as place to rest and resupply. There are longstanding rumors that the movement’s leader, Mullah Muhammad Omar, is taking shelter here, and that his leadership council, known as the Quetta Shura, has met in Karachi.

In such a vast and turbulent city, the Taliban may become just another turf-driven gang. But without a determined response from the security forces, experts say, they could also seek to become much more.

Failure of the PPP & ANP to Hold Local Government Elections is Inexcusable

The PPP and the PML-n remained in power for five long years but failed to hold local government elections in the country. There is absolutely no excuse for this undemocratic behavior.

During the last year of its rule, pressed by the MQM, the PPP introduced the Sindh Peoples Local Government Act (SPLGA) which led to anti-PPP protests organized by the Sindhi nationalists who otherwise lack public support in Sindh.

All these factors constrained the PPP to cajole its ally to rescind the politically incendiary law.

The belated adieu by the MQM to the government is viewed as an overtly cosmetic move under a premeditated script. On the day that acting governor of Sindh, Nisar Ahmed Khuhro, signed to repeal the SPLGA. Nevertheless, the interment of a divisive law averted a lurking ethnic frenzy in the province, already mired with unremitting violence, especially in Karachi.

In the presence of this law, the next general elections could have been a nightmare for the PPP in Sindh.

Although the opposition has been disarmed of its would-be most popular slogan of divisive law, the lacklustre performance of the PPP during the past five years has sufficiently exasperated its voters.

Rampant corruption, brazen violation of merit in postings and transfers, displacement of several million flood affectees, substandard quality of social sector services, ubiquitous lawlessness, shabby infrastructure and scruffy towns can provide ample ammunition for the election campaign of opposition parties.

For the PPP, the past platitude of victimisation and martyrdom of the Bhuttos has lost its lustre to fascinate the masses this time. Portending this ominous fact, the party has embarked upon a medley of actions, including cajoling feudal lords in Sindh.

This cacophony of political manoeuvring, however, does not obviate the need for a viable local bodies system in Sindh. Both parties cannot be absolved for their failure in providing an amicable solution to this conundrum during their five-year rule.

An ethnically polarised province needs a local bodies system that can bridge ethnic divide in the province and guarantee quality service delivery to all residents. While the SPLGA was a flawed arrangement, the 1979 Sindh Local Bodies Ordinance is not an ideal choice, either, and needs to be supplanted by a more amicable and workable system of service delivery.

Any party that takes reins of the province after the next elections should initiate a dialogue among the people of Sindh to develop consensus on a local bodies system that can devolve powers and resources without clenching them in the fist of any single entity. Creating islands of prosperity in the ocean of impoverishment would culminate in an endless turmoil.

A credible local bodies system that guarantees prudent management of resources and a fair exercise of authority can tap the unharnessed potential of the province to create development opportunities for all residents without watering ethnic acrimonies in the province.

Extraordinary Perks and Benefits For Our Rulers

By Huzaima Bukhari & Dr Ikramul Haq

The Supreme Court on April 17, 2013 suspended the March 14, 2013 notification issued by Interior Ministry granting former interior minister Rehman Malik and his predecessors lifetime perks and privileges.

Hearing the suo moto notice case regarding the unlimited perks and privileges granted to two former PMs, all former interior ministers, Sindh CM and other senior officials by the outgoing government, the five-judge bench headed by the Chief Justice sought a response from relevant authorities in this regard.

Pakistan is ruled and controlled by predatory elites in whose hands power and wealth are concentrated.

The ruling elites – comprising indomitable military-civil-judicial complex, unscrupulous politicians, mighty religious party leaders, absentee land owners, media tycoons and greedy traders – are engaged in loot and plunder, rent-seeking and snatching of public property.

Their lust for more and more control is giving rise to perpetual confrontations risking the very survival of the State.

These elites suffer from many maladies such as self-righteousness, self-praise, phobias of all kinds, especially losing of power and money, and despair arising out of affluence. These classes are captives of their own self-interests and victims of perpetual self-aggrandisement.

The two examples of worst rapacious activities of predatory elites are discussed below:

Grabbing of state lands

The high-ranking military-civil officials, judges, holders of public office, politicians, members of influential pressure groups do not pay a single penny as tax on plots they receive free of charge or at confessional rates though section 13(11) and 39(1)(j) of the Income Tax Ordinance 2001 so requires. Section 13(11) of the Income Tax Ordinance, 2001 applies in the case of employees (military or civil) says:

“Where, in a tax year, property is transferred or services are provided by an employer to an employee, the amount chargeable to tax to the employee under the head “Salary” for that year shall include the fair market value of the property or services determined at the time the property is transferred or the services are provided, as reduced by any payment made by the employee for the property or services”.

Section 39(1)(j) of the Income Tax Ordinance, 2001 is attracted in the case of persons other than State employees, it declares the following as income chargeable to tax:

“The fair market value of any benefit, whether convertible to money or not, received in connection with the provision, use or exploitation of property”.

Section 14(b) of the Income Tax Ordinance, 2001 defines “services” to include the provision of any facility” and the concept of “fair market” is defined in section 68 as under:

“68. Fair market value.- (1) For the purposes of this Ordinance, the fair market value of any property or rent, asset, service, benefit or perquisite at a particular time shall be the price which the property or rent, asset, service, benefit or perquisite would ordinarily fetch on sale or supply in the open market at that time.

(2) The fair market value of any property or rent, asset, service, benefit or perquisite shall be determined without regard to any restriction on transfer or to the fact that it is not otherwise convertible to cash.

(3) Where the price referred to in sub-section (1) is not ordinarily ascertainable, such price may be determined by the Commissioner”.

On April 13, 2013, the Chief Justice took notice of press clippings containing the details that just one day before the end of the current National Assembly’s term, PM Raja Pervez Ashraf issued an order for an “unprecedented security protocol” for himself and former Prime Minister Yousuf Raza Gilani – see details at http://www.supremecourt.gov.pk/web/page.asp?id=1426.

It is indeed a welcome move, but one hopes the issue of non-payment of tax by the allottees of state lands at throwaway prices and other benefits will also be taken up by the apex court.  In the last days of the government, the following obnoxious steps were taken:

1. Just hours before the constitutional tenure of Parliament, the Interior Ministry issued a notification on 14.3.2013 declaring unlimited perks and privileges for Rehman Malik, Federal Interior Minister and his predecessors.

2. According to the note of the Registrar of Supreme Court put up to the CJP, “the benefits/privileges bestowed would be a huge burden on the public exchequer. The security protocol would further deplete the strength of security agencies, who otherwise do not have adequate force to maintain peace/security and protect the rights/freedoms of citizens including the right to life, security, liberty and property, etc. The measures seem to be violative of Articles 4, 9, 24 and 25 of the Constitution”.

3. The Sindh Assembly on 14.3.2013, the last day of its tenure, passed two private bills moved by Pakistan People’s Party legislators Ghulam Mujadid Isran and Dr Sikander Mandhro respectively to grant lifetime monetary and other benefits to the outgoing Chief Minister, the Speaker and the Deputy Speaker.

The CJP on the basis of news reports presented to him by the Registrar passed the following order:

“I have carefully perused contents of press clippings dated 16.03.2013 published in “daily Dawn”, according to which a day before dissolution of Assembly, incumbent Prime Minister Raja Pervez Ashraf issued an order of following unprecedented security/protocol for himself and former PM:

(i) A contingent of 450 police personnel would be taken from Islamabad Police, out of them 150 would be deployed for Raja Pervez Ashraf. Same number of personnel would be deployed for Syed Yousuf Raza Gilani (former PM).

(ii) Special protocol/security of special squad of 15 Rangers and 15 Frontier Constabulary force would be provided to five former PMs during their intercity movement. Their names have been mentioned to be as Raja Pervez Ashraf, Syed Yousuf Raza Gilani, Chaudhry Shujaat Hussain and Zafarullah Khan Jamali.  A batch of five DSPs of Islamabad Territory, led by Dr Sultan Azam Taimoori, DIG was called at PM House on 15.03.2013 evening for selection of a DSP to head the force. A contingent of 450 police personnel consisting of ex-army jawans, inducted in the ICT police by the former government on a three years contract, will be spared for this purpose and the vacuum created by their departure will be filled after fresh recruitment.  Similarly, Interior Ministry issued a notification on 14.03.2013, reference of which finds mentioned in the “Express Tribune” dated 15.03.2013, according to which former Federal Interior Ministers and the Federal Ministers excluding the caretaker Federal Ministers, who had held the office when the Constitution stood suspended, can benefit from the following facilities:-  a. Protocol coverage be provided by FIA to the Ministers, their spouses and children at all airports of the country; and  b. Service of a Personal Staff Officer/Assistant Private Secretary/Personal Assistant, a driver, and an orderly, all to be appointed by the National Data Base Regulatory Authority.

On March 16, 2013 that the Sindh Assembly had passed a law, wherein lifetime monitory and other benefits to the outgoing CMs, Speakers and Deputy Speakers have been provided, as follows:

“If a person who remained CM, Speaker or Deputy Speaker for not less than four years, on the expiry of his term, shall be entitled for seventy percent of salary and allowances per month, a Private Secretary of grad-17, an Assistant, a Driver, a Cook, a Gardener, a Sanitary Worker, lifetime police security and landline and mobile phone facilities with a credit of Rs 10,000/- per month.”

Sindh Assembly has also passed the Sindh Provincial Assembly (Members) Privileges (Amendment) Law, 2013, according to which the Provincial Law makers have been brought at par with the Senators and MNAs as far as the perks after their tenure are concerned, namely:

a. A MPA shall be entitled to have access to all government guest houses, rest houses and Sindh House Islamabad and Sindh House Gwadar at the rates applicable to the government officers on official tours;

b. Use of VIP Lounges at all airports;

c. Lifetime entry pass for the Assembly Secretariat, Assembly Library and Speaker Gallery to observe Assembly Sessions;

d. Official or Gratis passport for self and spouse for life;

e. Issuance and renewal of four weapons licences at fees applicable to government employees.

f. The spouse of deceased minister and a dependent child up to 18 years shall be entitled to enjoy these facilities.

Prima facie, it seems that at the cost of public exchequer and in violation of Articles 3, 9, 14 and 25 of the Constitution, the order issued by former Prime Minister, Raja Pervez Ashraf and notification dated 14.03.2013 issued by Interior Ministry are without any lawful authority. Likewise two amendments made by the Sindh Provincial Assembly extending privileges to the former CMs, Speakers, Deputy Speakers and the Ministers at the cost of public exchequer being unconstitutional are unwarranted as no law can be promulgated, which is not in consonance with the Constitution.

The citizens of Pakistan, who are suffering from different kinds of miseries, deprivation, lack of education, lack of health facilities, lack of drinking water and lack of normal facilities of life cannot share such financial burden of the former Prime Ministers, Interior Minister, Chief Ministers, Speakers, Deputy Speakers etc except if the law so permits or the concerned authorities decide to provide them protection against any threat to their lives in peculiar circumstances.

As far as law promulgated by the Sindh Assembly to extend the benefits to the Chief Ministers, Speakers, Deputy Speakers, Ministers or their families as well as the members etc is concerned, whether it is permissible at the touchstone of Article 8 read Article 9 of the Constitution of Islamic Republic of Pakistan.

The privileges, which have been extended to the above functionaries for the purpose of self serving, are required to be examined at the touchstone of Article 184(3) of the Constitution, therefore, instant note be registered accordingly as a Constitution Petition.

Notice be issued to:

(i) Interior Secretary and Secretary, Ministry of Law and Justice, Government of Pakistan specifying the competence under the Constitution and the law of the Prime Minister to extend life time benefits to himself as well as to the former and future Primer Ministers at the cost of public exchequer.

AND

To explain as to whether the notification dated 14.03.2013 issued by the Interior Ministry extending security/protocol to the Interior Minister from the public exchequer is in accordance with the law and the Constitution.

Interior Secretary and Secretary Law are also directed to place on record copies of orders/notifications issued by the Prime Minister as well as the Interior Secretary, noted above.

(ii) Chief Secretary, Secretary Home as well as Secretary Law, government of Sindh.

(iii) Auditor General and Accountant General of Pakistan to calculate the approximate financial burden, which the nation has to bear if the privileges conferred by the incumbent Prime Minister upon himself and others as noted above are allowed to continue.

(iv) Raja Pervez Ashraf, former PM, Rehman Malik, former Interior Minister as well as Syed Qaim Ali Shah, former Chief Minister, Sindh to appear in person or through their counsel, if they desire to support or justify the actions of the PM and the legislation respectively in pursuance whereof prima facie the nation has been financially burdened as salaries etc of these persons shall be paid from the public exchequer.

(v) Learned Attorney General for Pakistan and Advocate General, IGP Sindh, to submit parawise comments and state as to whether at the cost of public exchequer the benefits extended to the former PM etc can be provided to them by sparing contingent of police as per their choice and desire.

(vi) Advocate General, Sindh may also place on record copy of Sindh Provincial Assembly (Members) Privileges (Amendment) Law, 2013.

It is a matter of record that funds of billions of rupees were released by the government within the last day after making sure the banks remained open to hand out the money to relevant parties – the federal government declared March 16 (Saturday) a working day so that it could get the bureaucracy to push through the last minute appointments, loans, promotions and transfers. The entire staff at National Bank of Pakistan and State Bank of Pakistan was on high alert throughout the day to accommodate the last whims and desires of the people who were about to abdicate power within a few hours. Even private banks were forced to remain open on Saturday ensuring all cheques of government got cleared on that day.

On the last day of the National Assembly (NA), Speaker approved 100% increase in benefits and allowances of all members of the NA. Millions of rupees worth of new cars were bought on her orders and approval of life time benefits and perks for Speaker of NA were obtained.

In a letter to Finance Minister, Abdul Hafeez Shaikh, an ex-Member of Board pointed out that collossal revenue loss occurred due to non-taxation of benefits given to public office holders, the high-ranking civil-military officials, politicians and their cronies as free or at a confessional rate as FBR did not invoke section 13(11) and 39(1)(j) of the Income Tax Ordinance, 2001. The finance minister and FBR ignored the letter as expected. FBR did not bother to recover tax from the beneficiaries. In Pakistan, privileged classes want to tax the weaker sections of society (exorbitant sales tax on many item consumed by the poor), but not ready to pay taxes on their incomes. Adding insult to injury, these predatory elites get unprecedented perquisites and benefits funded by taxpayers – what makes the situation more painful is the fact that even no tax is paid on these ignoring the explicit provisions of the Income Tax Ordinance, 2001 mentioned above.

Extraordinary perks and benefits 

Pakistan is a tax haven for the rich and mighty. The poor are victims of fiscal highhandedness whereas the ashrafiya – military-civil bureaucracy, higher judiciary, landed aristocracy and its cronies, industrialist-turned politicians, religious and spiritual leaders (ulema and pirs), media tycoons and unscrupulous businessmen – is enjoying all kinds of privileges and perquisites without paying due taxes on these. The elites (ashrafiya) while thriving on taxpayers’ money, borrowed funds and foreign aids get extraordinary tax concessions – even where taxation is provided they do not discharge their liabilities and the bodies responsible for collecting taxes at federal and provincial levels instead of taking any punitive action, extend them legal cover through the infamous Statutory Regulatory Orders (SROs), tax amnesties and immunities for avoidance, or just remain silent and look the other way.

While the poor sections of society are paying exorbitant indirect taxes on commodities they consume and are being crushed under the skyrocketing inflation, ashrafiya is enjoying extraordinary tax benefits, for example:

1. The perquisite represented by the right of the President of Pakistan, the Provincial Governors and the Chiefs of Staff, Pakistan Armed Forces to occupy free of rent as a place of residence any premises provided by the Government.

2. The perquisite represented by free conveyance provided and the sumptuary (entertainment) allowance granted by Government to Provincial Governors, the Chiefs of Staff, Pakistan Armed Forces and the Corps Commanders.

3. The perquisites and allowances provided or granted by Government to the Ministers of the Federal Government.

4. The perquisites represented by the right of a judge of the Supreme Court of Pakistan or of a judge of High Court to occupy free of rent as a place of residence any premises provided by Federal or Provincial Government, as the case may be, or in case a judge chooses to reside in a house not provided by Government, so much of income which represents the sum paid to him as house rent allowance.

5. The following perquisites, benefits and allowances received by a Judge of Supreme Court of Pakistan and Judge of High Court, shall be exempt from tax:

a. Perquisites and benefits derived from use of official car maintained at Government expenses;

b. Superior judicial allowance payable to a Judge of Supreme Court of Pakistan and Judge of a High Court;

c. Transfer allowance payable to a Judge of High Court;

d. The services of a driver and an orderly;

e. 1000 (one thousand) free local telephone calls per month;

f. 1000 units of electricity as well as (25 hm3* of gas) per month and free supply of water; and

g. 200 litres of petrol per month.

[If during service, a judge dies, exemption from tax in respect of benefits and perquisites mentioned above provided to his widow shall also be exempt].

The above shows that the powerful in the Land of Pure live in palatial palaces at the expense of taxpayers’ money, while the poor are dying of hunger and vast majority lack even basic facilities like drinking water, what to talk of health and education. Tragically, these powerful elements do not pay taxes on perquisites and benefits enjoyed by them. Then within a group there is discrimination. The judicial allowance of the judges of the Supreme Court and High Courts is exempt from tax, whereas the same is taxable in the hands of the lower judiciary. Does this not attract suo motu action on the part of the apex court on the touchstone of Article 25 of the Constitution?

Corrupt Soul-less Leaders Who Evade Taxes

Tax delinquents and elections

by Huzaima Bukhari & Dr. Ikramul Haq

According to reports, the FBR is coming out with an illegal, rather obnoxious interpretation, that if tax has been deducted from salary of a parliamentarian then he/she will not be considered as a tax defaulter for the forthcoming elections notwithstanding the fact that a willful default was committed by not filing income tax return and wealth statement required under the law — the purpose is to safeguard the overwhelming majority of candidates from disqualification. People want to know how our innocent members of parliament can claim that salary is their only source of income vis-à-vis their style of living — sprawling bungalows, luxury cars; army of guards and foreign travels etc.

The study (Taxation without Representation) released by the Center for Investigative Reporting in Pakistan (CIRP) on December 12, 2012 revealed that nearly 70 per cent of members of Senate and National Assembly having taxable income of Rs500,000 in tax year 2011 failed to comply with section 116(2) of the Income Tax Ordinance, 2001 by not filing tax returns, wealth statements and personal expenses. Instead of admitting their default and making it good, they accused the FBR of “illegally” (sic) disclosing data. The FBR also obliged them by not taking action under the law, rather assured them of “full cooperation in identifying the persons who leaked data”.

On discovering lapse on the part of legislators, it was the duty of the FBR to promptly issue notices under the law to all those who failed to file their tax returns with wealth statements. If 70 per cent of Pakistani legislators violated section 114 and 116 of the Income Tax Ordinance, 2001 then the FBR was equally guilty of failing to issue notices under section 114(3) and 116(1) of the Income Tax Ordinance, 2001 to these defaulters.

The act of non-filing of return and wealth statement attracts prosecution proceedings as well which are contained in section 191(1)(a) of the Income Tax Ordinance, 2001. It reads as under:

191. Prosecution for non-compliance with certain statutory obligations.

Any person who, without reasonable excuse, fails to comply with a notice under sub-section (3) of section 114 or sub-section (1) of section 116; shall commit an offence punishable on conviction with a fine or imprisonment for a term not exceeding one year, or both. 

In case the default of non-filing of return and wealth statement continues even after punishment under section 191(1)(a), sub-section (2) of section 191 provides further action as under:

(2) If a person convicted of an offence under clause (a) of sub-section (1) fails, without reasonable excuse, to furnish the return of income or wealth statement to which the offence relates within the period specified by the Court, the person shall commit a further offence punishable on conviction with a fine not exceeding fifty thousand rupees or imprisonment for a term not exceeding two years, or both”.

The above provisions of the Income Tax Ordinance, 2001 are unambiguous and more than adequate to deal with tax delinquents. These have, unfortunately, not been invoked in the case of holders of public office as they represented the mighty section of society who made things worse by calling leakage of information as “breach of privilege”.

In all the leading democracies of the world, laws exist which ensure that people seeking votes to become their representatives should have integrity and character. Discharging of tax obligations is a requirement of law of the land (reproduced above) and its violation by any individual attracts provisions of Article 62(f) of the Constitution which says:

“A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.

Can a violator of income tax law escape the operation of this provision of supreme law of the land even when no action is taken by the FBR against him and it is incontrovertible that he did not file income tax return and wealth statement required under the law?

It is not out of place to mention that two important nominees of Barack Obama in his first term — Tom Daschle and Nancy Killefer — withdrew their names after it emerged that they failed to keep their taxes in proper order. Let the political parties tell us if they know how many of their leaders have no problems with taxes. We, being practicing tax lawyers and having long experience as tax administrators, can say without any fear of contradiction that majority of them will be disqualified if we implement the democratic tradition followed by Barack Obama after landslide and historic victory in 2008 by admitting that he “screwed up” by nominating tax delinquents.

Our rulers, on the contrary, take pride in rewarding known corrupt and offenders by giving them important public offices. This is why our history is that of ‘Barren Years’.

The agenda of change, even from a pure moralistic point of view, must start from one’s self and own house. Those who are accusing others of tax avoidance are required to first prove that they have discharged their own liabilities diligently. There cannot be selective accountability and escape from law by using the attractive slogan of “change” or “reform” nor in their garb can anyone be allowed to rise above law by claiming himself to be a custodian (self-acclaimed) of morality.

It is a matter of record that political parties in Pakistan do not file tax returns and the FBR has never bothered to issue them notices. In India, there is a mandatory provision of law [section 13A of Income Tax Act, 1961] requiring political parties to file returns. Frequently, Chief Election Commissioner of India asks the Indian Central Board of Direct Taxes to scrutinise accounts submitted by political parties. Central Information Commission of India also directs Income Tax Department to disclose in public interest, details of donors given by political parties in their tax returns.

In Pakistan, neither Election Commission nor the FBR has bothered to consider this vital matter till today. Even the Supreme Court has not taken cognizance of this issue while passing many orders for conducting fair and free elections.

A meaningful change in electioneering requires that political parties should not only keep proper accounts and get them audited by reputed firms, but also file income tax returns, which should be made public. It would force them to take into their folds only those people who honestly discharge their tax obligations. The process of filtration within the parties is a necessary step towards a transparent and democratic setup and Election Commission of Pakistan should ensure its implementation.

Supreme Court Micro Managing the Elections

by Huzaima Bukhari & Dr. Ikramul Haq

On June 8, 2012, the Supreme Court of Pakistan in its judgement in the case of Workers’ Party Pakistan through Akhtar Hussain, Advocate, General Secretary and 6 others v Federation of Pakistan and 2 others P L D 2012 Supreme Court 681 held:

“The Election Commission is empowered to frame rules to ensure that the elections are conducted justly, fairly, honestly and in accordance with law and that corrupt practices are guarded against. There is unanimity of views on various suggested courses of action. Therefore, we direct the Election Commission to frame rules and issue instructions to provide legal sanction to these measures and implement the same to achieve the ultimate objective of fair, free, just and honest election.”

In these pro bono [public interest litigation] petitions, filed under Article 184(3) of the Constitution by some political parties and representatives of civil society, important questions relating to electioneering and representation were raised. Some important prayers were:

a.       the prevailing electioneering practices involving wealth, power and influence are against the mandate of the Constitution regarding free, fair, just and honest elections on a level playing field and need to be remedied;

b.      there cannot be a true and honest implementation of Article 218(3) if the current electioneering practices are not remedied in accordance with the mandate of the Constitution;

c.       the Election Commission should make rules and do other necessary acts for implementation of the principles and mandate of the Constitution, in particular regarding:

(i)                 matters relating to election expenses.

(ii)               maintenance of separate bank accounts by candidates and political parties with proper audit of expenses incurred therefrom.

(iii)             regulation of election campaign activities in the context of expenses and in the light of the principles laid down by this Court as regards the purpose of elections and the purpose of an election campaign.

(iv)           appointment of Election Tribunals and prescription of their procedure in order to ensure that election disputes are decided expeditiously (Sections 57 and 62 of Representation of People’s Ac).

(v)            Complete ban on all modes of canvassing in the 48 hour period prior to polls including ban on election camps of candidates as well as removal of all hoardings, posters and banners.

(vi)           Ban on private transport on election’s day except in respect of the disabled with prior permission and through a procedure devised for this purpose and also to requisition government transport, if necessary, for this purpose as well as increase in the number of polling under a rational formula sections to enable voters to walk to polls.

(vii)           Supply of voting information to voters through the assistance of NADRA.

(viii)         Improve voter awareness especially in regard to confidentiality and the procedure of voting.

(ix)             Insistence by the Commission for proper disclosure regarding compliance of Section 8 of the Political Parties Order 2002.

Existing practices and processes of electioneering and campaigning deter the ordinary citizens from partaking in the political process on account of massive use of wealth by larger and wealthier political parties, and violate their fundamental rights enshrined in Articles 17 and 25 of the Constitution.

Since right to form a political party includes the right to participate in free and fair election, “it necessarily implies that every person and every group in society can genuinely take part in the process of elections, as voter and candidate, without constraint coercion and subjugation”.

Consequently, any unconstitutional curtailment of their right to participate, and to form government, is tantamount to an abridgement of their right under Article 17(2) of the Constitution.

Secondly, a combined reading of Article 17(2) and Article 25 of the Constitution mandates a ‘level playing field’ for electioneering purposes.

The impugned practices, and broadly speaking, the existing political culture negates Article 51(6)(a), which mandates that members shall be elected by a ‘free’, and ‘fair’ vote ‘in accordance with the law’ because these practices do not permit the vote cast to be a ‘free vote’, as mandated by Article 106(3)(a) either.

The following specific practices violate the Constitution and Representation of Peoples Act, 1976:

(i)                 Jalsa or political Rally and Jaloos or procession

(ii)               Banners/posters/billboards/stickers

(iii)              Use of loudspeakers

(iv)              Car rallies Pamphleteering

(v)               Setting up Camps

(vi)              Newspaper, TV or radio advertisements, press coverage and programs and surveys

The above practices are carried out in blatant disregard of provisions of the Representation of Peoples Act, 1976, namely, sections 48, 49 and 84.

Certain provisions of Representation of Peoples Act, 1976 create a political arena that is structurally designed to guarantee the success of only the wealthier political parties and, by necessary implication, destroy the petitioners’ prospects of success in the election.

The vires of section 49 of Representation of Peoples Act 1976 was challenged on the ground that the permissible ceiling of election expenses, Rs. 1.5 million for a National Assembly seat and Rs. 1 million for a Provincial Assembly seat.

These create an uneven playing field between moneyed people vis-à-vis persons with scant resources with the result that the latter are alienated from the political system and deprived of their right to participate in the governance of the country. Most parties and candidates even do not observe these ceilings and incur election expenses far above the prescribed limit.

The lawyers representing “traditional parties” and their staunch opponent, PTI claiming to be a symbol of change, opposed the radical views of the petitioners, though they agreed on “reform” agenda as usual.

For example, the counsel of PTI countering the argument of petitioners that “car rallies also qualify as display of wealth,” submitted that his party “does not oppose car rallies, but agrees with the petitioners that the political parties should not use expensive cars, which qualify as display of wealth and substantially enhance the expenditure incurred by the candidates.” Now in the election campaigns, all the parties including PTI are using “expensive cars” for their leaders.

The petitioners also contended that State and private TV channels must not televise or broadcast programmes mentioning specific candidates and should not give coverage—negative or favourable—to any of the candidates by name or by obvious reference. This privilege, they believe, can only be availed by wealthier political parties and candidates, and is an advantage that compromises the rights of the petitioners.

The counsel of MQM opposed it on the plea that it would violate freedom of press. Media is presently being exploited by political parties spending millions, and there is no check whether such expending would affect the voters’ opinion—creating tilt negatively or positively towards a particular party and/or candidate. Like other mature democracies, there should be election debates among heads of parties on crucial issues rather than individual projection of leaders.

The Court, after hearing arguments of all the major parties concluded that “Constitution provides a comprehensive mechanism to ensure…… that elections are conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against.”

Emphasising the need for door-to-to campaign to avoid vulgar ostentation of wealth, the apex court observed that “there is unanimity of view on various suggested courses of action. Therefore, we direct the Election Commission to frame rules and issue instructions to provide legal sanction to these measures, namely, door-to-door campaign, manifesto, canvassing on State television and radio, and candidate-voter interaction/debates, etc. as appropriate and implement the same to achieve the ultimate objective of fair, free, just and honest election.”

This was way back in June 2012 and now in April 2013 everyone is complaining that Commission has done ‘too little” or  “nothing” to comply with the orders of Supreme Court.

In five years no serious effort was made by any quarter on the issue of computerized balloting. During the hearing of the case it was submitted that in India which has a much larger voting population, computerized balloting system was in vogue.

Fair and free elections are sine qua non for democratic process. For the next term, let the people decide by whom they want to be represented. On the issue of extremely low turnout in election, which is no-confidence of majority on the existing system, the Supreme Court discussed the idea of compulsory voting. It cited the example of State of Georgia which in 1777 enacted legislation to make voting compulsory and directed that “every person absenting himself from an election, and shall neglect to give in his or their ballot at such election, shall be subject to a penalty not exceeding five pounds; the mode of recovery and also the appropriation thereof, to be pointed out and directed by act of the legislature: Provided, nevertheless, that a reasonable excuse shall be admitted.”

In Austria, compulsory voting was partially introduced in 1929 but extended to parliamentary elections in 1949. Netherlands also introduced compulsory voting in 1917 along with Spain, Venezuela and Chile. Congo, Brazil and Argentina have also made voting compulsory for citizens between 18 and 70 years old. In primaries, citizens under 70 years of age may refuse to vote, if they formally express their decision to the electoral authorities, at least 48 hours before the election. Ecuador has adopted a form of compulsory voting, which makes it obligatory on citizens between 18 and 65 years to vote in elections. In Singapore, voting is compulsory for citizens aged above 21 years on the 1st of January of the year of election. Non-voters are removed from the electoral register until they reapply, providing a reason for their abstention. Peru and Uruguay have also adopted compulsory voting to ensure that their democratic mandate is sufficiently and successfully met.

Some jurisdictions impose sanctions against individuals who violate the law by failing to vote. They, however, before levying a sanction, require the non-voting citizen to provide legitimate reasons for his/her abstention from voting, if any exist. These sanctions have taken different forms. Countries have also impressed fines against non-voters. The amount varies in different countries, e.g., 3 Swiss Francs in Switzerland, 200 Cyprus Pounds in Cyprus, 10-20 Argentinean Pesos in Argentina, 20 Soles in Peru, etc. A non-voting citizen may also face imprisonment as a sanction. In cases where such a person refuses to pay the fine despite being reminded to do so, the courts impose a prison sentence. Countries like Belgium disenfranchise voters who fail to vote in elections consecutively for 15 years.

In Singapore the voter is removed from the voter register until he/she reapplies to be included and submits a legitimate reason for not having voted. In Peru the voter has to carry a stamped voting card for a number of months after the election as a proof of having voted. This stamp is required in order to obtain some services and goods from some public offices. In Bolivia the voter is given a card when he/she has voted so that he/she can prove participation. The voter would not be able to receive his/her salary from the bank if he/she cannot show the proof of voting during three months after the election. Australia introduced compulsory enrollment and voting in 1924, for both State and national elections. Some states have made voting in local council elections compulsory as well. Eligible voters who remain absent from the polling stations are liable to pay fines of 20-50 Australian Dollars and may also face imprisonment in case of non-payment of fines.

The Court in this case has aptly pointed out that it is a constitutional imperative that a democratic government be established and nurtured in. Therefore, the Election Commission is obliged to ensure that all elections witness a substantial participation of the electorate. By making voting compulsory and attaching sanctions for its violation, the Election Commission and/or the appropriate body can resolve a long standing problem, and bring existing election-related processes in line with the dictates of the Constitution. Therefore, all necessary steps must be taken to make voting compulsory in Pakistan as early as possible. This initiative would have the effect of strengthening democracy by giving effect to the constitutional mandate that the Government shall be run by the chosen representatives.

The point, however, missed by the petitioners and the Supreme Court is that democracy without elimination of exploitation is meaningless—if the wealthy classes have to rule through vote and amass more wealth at the expense of the poor, the process of electioneering becomes a tool for further oppression rather than social justice and equity ensured in the Constitution.

Article 3 of 1973 Constitution of Islamic Republic of Pakistan says that “The State shall ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work.”  Since 1973, we have this promise—lying dormant and now almost dead—in the supreme law of the land. Tragically, all the economic policies adopted by military and civilian rules alike since the insertion of this principle in the Constitution have been diametrically opposite; promoting, protecting and cementing the interests of the exploitative classes. This Land of the Pure has, undoubtedly, nurtured an extremely exploitative socio-economic system, which has gained strength over the passage of time. All kinds of repressions—especially the influence of clergy in all spheres of life—coupled with cruelest means of economic exploitation by the ruling elites are denying citizens the right to live, what to talk of fulfilling the promise, “from each according to his ability to each according to his work”.

The slogan ‘From each according to his ability, to each according to his needs’, though had its roots in the New Testament [4:32-35], was popularised by Karl Marx in his 1875 Critique of the Gotha Program. The phrase enunciates the principles that, under an ideal system, every person should contribute to society to the best of his or her ability and consume from society in proportion to his or her needs. Fusing this Marxist ideology into Islamic Socialism, Zulfikar Ali Bhutto in the early part of his politics—later he became an instrument in the hands of ruling classes—promised in the Constitution, “from each according to his ability to each according to his work.” In fact, he borrowed it from the Soviet Union. Lenin modified Marx’s assertion pleading that in the early stage of revolution (transition from socialism to communism) it would be “From each according to his ability, to each according to his work (labour investment).

Obviously, Karl Marx had specific conditions in mind for such a creed to work—a society where technology and social organisation had substantially eliminated the need for physical labor in the production of things, where “labor has become not only a means of life but life’s prime want.” Marx explained his belief that, in such a society, each person would be motivated to work for the good of society despite the absence of a social mechanism compelling them to work, because work would have become a pleasurable and creative activity. Marx intended the initial part of his slogan, “from each according to his ability” to suggest not merely that each person should work as hard as they can, but that each person should best develop their particular talents.

Our students at LUMS usually inquire: “Is Constitutional command of gradual elimination of all forms of exploitation legally enforceable”? Many think naively that this goal can be achieved by filing a petition in Supreme Court or going to fight elections under the umbrella of political parties. The apex Court failed to get its decisions implemented on sugar and petroleum prices, the government openly defied NRO decision and no politician or general is prosecuted till today by any local courts on charges of corruption—people asked what happened to Asghar Khan Case.  In Pakistan independence of judiciary and rule of law are just myths.

There is no political will to implement Article 3 that was inserted in 70s when Marxist slogan-mongering could enlarge the vote bank—the framers of Constitution were fusing Islam with Socialism as part of political strategy. They were not at all sincere in creating a just society free of exploitation. Even the Soviet leaders established party dictatorship that usurped the rights of proletariat in whose name they came into power. Revolutionary ideology of an6y era—religious or secular—is always hijacked by the vested interests. As soon as the vested interests sniff their defeat, they adopt “the ideology of the time” and soon corrupt it for their advantage. So it hardly matters that Article 3 of our Constitution—a remnant of great leftist movement for equality and social justice—is still there. It is no more than a dead log—though our Supreme Court keeps on reminding us that Constitution is a living and vibrant document!

All State organs protect the interests of the ruling classes and judiciary is no exception. The Anglo-Saxon law that our judiciary practices and protects guarantees private property, concentration of wealth and exploitation of the have-nots. Judiciary is not a revolutionary organ; it is a product of existing exploitative socio-economic system. It is unfair to demand from this organ of the State any revolutionary change.

The mighty sections of society—big absentee landowners, politicians, industrialists, generals and bureaucrats—own wealth of the nation but pay meagre tax on their colossal assets/incomes. Where is implementation of Article 3 of the Constitution?

It is tragic that in a country where billions of rupees are made on daily basis by the rich and mighty, tax-to-GDP ratio is below 10 percent and the poor get nothing from whatever collected. The powerful and the corrupt are least bothered to pay taxes. They keep assets in the name of others (banami), mint money through corruption, extend free hand to themselves and others to launder money, evade tax and whiten as much funds as they want through section 114(3) of the Income Tax Ordinance, 2001 and other amnesty schemes announced from time to time. In this scenario, how Supreme Court and others are talking of “democratic dispensation” through elections alone without economic justice and accountability of the rich and mighty.

The mighty sections of society, engaged in money-whitening transactions, are spending millions on elections. Constitution is just a piece of paper for them. The unholy anti-people alliance—comprising indomitable militro-judicial-civil-military complex, corrupt and inefficient politicians and greedy businessmen—control and enjoy 90% the State resources. Thus, it will be living in Fool’s Paradise to expect from them true democratic polity and implementation of Article 3 of Constitution.

For implementation of Article 3 of the Constitution, we need a revolutionary, mass-based political party that can win the mandate to change the existing economic system, which is highly unjust and oppressive. It protects establishment and exploitative classes that have monopoly over economic resources. Take the issue of taxes. At the moment the privileged classes are not paying taxes according to their ability. On the contrary the vast majority of the poor is paying exorbitant indirect taxes even on essential commodities of everyday use. What election reforms are we talking and discussing? The dispossessed are asked to vote for the exploiters and do not ask for their fundamental rights guaranteed under the Constitution—the supreme law of the land. This is mockery of democracy and constitution.

Making Pakistan a State in consonance with the principle embodied in Article 3 requires political struggle under a mass-based front having support of progressive forces, media and civil society. Such campaign alone can guarantee equitable distribution of wealth and resources as envisaged in the Constitution. In the coming election, scheduled for May 11, 2013 can we dream of such a change?

National Assembly’s Performance: 2008 to 2013

On March 16, 2013, the National Assembly of Pakistan completed its five year term. The PPP is euphoric and taking all the credit for completing its tenure. This is ridiculous as left to the PPP rulers, they would have ruled the country for decades and not just five years. The credit lies elsewhere.

In any event, the 13th National Assembly achieved a few landmarks. It promoted provincial autonomy by passing the 18th Amendment.

It elected a woman speaker for the first time in Pakistan’s parliamentary history and the President addressed the joint sessions of the parliament for five consecutive years.

Following the established parliamentary tradition, the Leader of the Opposition was elected as chairman of the Public Accounts Committee.

In 50 regular sessions, the National Assembly held 521 sittings – 100 in the first, 107 in the second, 108 in the second, 106 in the fourth and 100 in the fifth parliamentary year.

It witnessed a historic change in the rules of procedure to allow standing committees to scrutinize ministerial budgetary proposals before made part of the federal budget.

A new Leader of the House was elected in the fifth parliamentary year after the Supreme Court disqualified the PM in the contempt of court case.

Similarly in the fifth parliamentary year 11 MNAs resigned because of holding dual nationalities.

Nine members of the lower house died during the five years, including Minister for Minorities Affairs Shahbaz Bhatti who was assassinated in Islamabad.

Legislation

In the five parliamentary years, the National Assembly passed 134 bills – 116 government and 18 private members’ bills. Of them, 81 became acts of the parliament.

The 12th National Assembly had passed 51 bills during its five-year term.

Though the National Assembly passed only five bills in the first parliamentary year, the legislation picked up pace in the second, third, fourth and fifth parliamentary years, with the lower house passing 32, 31, 29, and 37 bills respectively. Out of total passed government bills, 56 sought amendments in the existing laws and the rest were new bills.

These included the 18th and 20th constitutional amendment bills, which ensured provincial autonomy and gave Pakistan a consensus mechanism for civilian transfer of power democratically, besides the formation of the full five-member Election Commission of Pakistan.

However the four bills to tackle terrorism were passed only in the fifth parliamentary year and that too in the last three sessions.

Similarly the National Assembly failed to enact a new law on accountability despite the government introducing the National Accountability Bill in October 2012.

The 13th National Assembly stands out for pro-women legislation, passing treasury and private members’ bills against domestic violence, harassment at workplace and public places, anti-women practices, and elevating the status of the commission on women.

Unlike the past assemblies, the Lower House witnessed the healthy trend of passing the private members’ bills. Overall 189 private members bills were introduced in the lower house, with 135 seeking amendments in the existing laws. Of them 18 bills were passed.  PPPP lawmakers introduced the most 62 or 33% of the private members’ bills, followed by 53 each by PMLN and PML legislators.

Budget

The debate on budget lasted for 82 sittings during the five parliamentary years – 19 in the first, 14 in the second, 22 in the third, 17 in the fourth and 10 sittings in the fifth parliamentary year.  On average the budget debate lasted 16 sittings in each parliamentary year.

Resolutions

Out of total 243 resolutions moved in the lower house in the five years, 85 were adopted.  Six resolutions on women rights and five each on minorities’ rights and blasphemy were adopted. Similarly on a host of issues such as Balochistan, increase in prices of petroleum products, child rights, killing of polio workers and journalists, democracy, attack on Malala Yousafzai, terrorism, human rights, situation in Swat, NATO attack on Salala check post, target killings, missing persons, killing of Osama bin Laden, creation of new provinces, employment, and obscenity on cable TV, the lower house adopted resolutions.

Question Hour

In the five parliamentary years, 216 legislators asked 16,056 questions on the floor of the house, on average 3,211 questions every year. The government fully responded to 12,623 questions, with 3,357 queries remaining ignored, 68 received partial answers, six were withdrawn and two questions lapsed.  In other words the government responded fully to 79% of the total questions submitted.

The main opposition PML-n asked the most questions, 9,903, which is 62% of the total questions. More active in their oversight role, 20 PMLN female legislators asked 5,347 questions, on average each of them asking 267 questions.

Overall 55 women legislators asked 8,138 questions compared to 161 men lawmakers asking 7,918 questions in the five years. Women parliamentarians elected on reserved seats fulfilled their oversight role, as they submitted almost 48% of the total questions.

Calling Attention Notices

During the five parliamentary years, legislators brought to the House’s notice issues of urgent public importance – 109 in the first, 108 in the second, 120 in the third, 122 in the fourth and 84 in the fifth year. Out of the 543 notices, the House took up 440 for discussion during the five parliamentary years.

Members’ Participation

In five parliamentary years, 23 legislators, among them five women and 18 men, did not take part in any parliamentary business.

Of them, eight each belonged to PPP and PML, two each to PML-n and ANP and one each to PMLF and NPP along one Independent.

Points of Order

A total of 311 lawmakers spoke on scores of constituency, national and international issues through 5,099 points of order in the five parliamentary years.

The Reckless Borrowing By the Government is Retarding the Economic Growth

Living beyond means

By Huzaima Bukhari & Dr. Ikramul Haq

The State Bank of Pakistan (SBP) on January 22, 2013 reported that public sector borrowing from commercial banks between July 2012 and January 2013 rose to Rs770 billion from Rs627 billion a year ago. In the absence of foreign inflows, the net government borrowing from banks alone amounted to Rs762 billion during July 1, 2012 to January 11, 2013 as against the borrowing of Rs634 billion reported last year. The pace at which fiscal deficit is growing, bank borrowings are going to increase substantially in the coming months. At the end of the current fiscal year, fiscal deficit is estimated to touch 7% to 7.5% of GDP — it means financing requirement of Rs1,624 billion.

This reckless and unabated borrowing by the government from commercial banks is not only retarding growth — depriving private sector of the much-needed funds for investments — but is also forcing SBP to inject heavy amounts of liquidity in the banking system through frequent open market operations, as the high borrowings wipe out liquidity from the money market. The only way to come out of this mess was to enhance tax revenue and control expenses, but the government failed on both the fronts.

During July 1, 2012 to January 11, 2013, the government borrowed Rs594 billion from the banking system for budgetary support and retired Rs168 billion to the SBP. According to latest estimates issued by International Monetary Fund (IMF), “Considering the size and magnitude of Pakistan’s public debt, a high fiscal deficit is inevitable, as the country’s total debt and liabilities have increased to Rs15.1 trillion, or 68.4 per cent of GDP in the first quarter of the current fiscal year, while debt alone stood at Rs14.4 trillion, or 65.3 per cent of GDP during the same period”. The IMF claims that fiscal deficit reached 8.5 per cent of GDP in 2011-12, against the original budget target of 4 per cent, reflecting both revenue and expenditure slippages, including higher subsidies mainly to clear arrears in the power sector — the situation is worsening in the current fiscal year.

While Pakistan is caught in a deadly debt trap, the rulers are not inclined to impose fiscal discipline and the government continues to borrow recklessly from banks to pay off liabilities of the corruption-ridden inefficient public sector enterprises (PSEs). According to the SBP, this has hit economy heavily and resulted in billions of rupees increase in the stock of total debt & liabilities (TDL). Accumulated loss of PIA alone has reached Rs125 billion by the end of 2012.

The government has failed to devise a strategy for raising revenues even to the extent of Rs6 trillion, though actual potential is not less than Rs8.5 trillion [complete roadmap was given in Taxing targets, The News, August 26, 2012 for this collection]. Unless it is done, Pakistan can never come out of the ‘debt prison’.

The Senate was informed on January 23, 2013 that over 3.39 million people have so far been issued National Tax Numbers (NTNs), but only 885,999 filed their income tax returns during the current year. In a written reply, Finance Minister Abdul Hafeez Sheikh admitted that the number of income tax filers had drastically reduced to 1.6 million in 2009 and only 810,000 people filed their returns by the end of this year. The Senate was told that “a large number of businesses and individuals, who were regularly filing their income tax returns, are now avoiding their legal obligations by either under-declaring or incorrectly declaring their assets and incomes”.

The city-wise break-up showed that 665,896 taxpayers filed their returns in Karachi, 270,005 in Rawalpindi, 224,383 in Lahore, 186,136 in Faisalabad, 168,008 in Multan, 145,598 in Peshawar, 75,846 in Gujranwala and 41,085 in Quetta. In the case of large taxpayers, out of 1604 companies registered with three large taxpayers units (LTUs) of the country, 192 avoided filing returns. City-wise, 103 companies in Karachi did not file returns, followed by 58 in LTU Islamabad and 31 in Lahore. The most depressing aspect is that the number of non-filers is increasing. Filing of returns had fallen to 885,999 in 2012 from 1,501,630 in tax year 2011, showing a drastic decline of 40.99 per cent in a single year.

The failure to check widespread tax evasion and enforce tax obligations by the Federal Board of Revenue (FBR) and wasteful spending on monstrous government machinery and inefficient PSEs has pushed Pakistan to the verge of economic collapse. Our foreign debt is going to be US$75 billion in 2015 and domestic debt Rs20 trillion if curative measures and tough decisions are not taken on urgent basis.

The policy of appeasement towards tax evaders, money launderers and plunderers of national wealth, if not discontinued, will push the country to a complete disaster. The word ‘austerity’ is not in the dictionary of politicians in power, high-level civil military bureaucrats and public office holders. The tradition of living beyond means — our national addiction — has turned the nuclear-powered Pakistanis into a nation holding the beggar’s bowl. When foreign lenders see the lifestyle of our ruling elite, they immediately show indignation — it is hard to believe for them that the rulers of a nation struggling on borrowed funds are able to display such flamboyance.

The reluctance to collect taxes from the rich and mighty is worsening the miseries of the poor — there is no scarcity of resources as propagated by the rulers to shift blame on others, but the real cause is outlandish living of the elites off taxpayers’ money. Wasteful spending and unwillingness to harness the real potential by taxing the rich is playing havoc with the economy. Behind the present chaotic socio-economic and political situation in Pakistan, amongst other factors, is an ever widening gulf between the rich and the poor. With every passing day more and more people are being pushed below the poverty line — their total number is now not less than 60 million in a country where rulers unashamedly waste billions of rupees on their personal comfort and security.

Debt burden of 68% of GDP testifies to the bankruptcy of our political leadership and economic managers, who keep on relying on an incompetent and corrupt bureaucracy. As regards technocrats imposed upon Pakistan, they always take the first flight to Washington after creating mess. The policy of appeasement towards tax evaders, money launderers and plunderers of national wealth is showing its impact in all spheres: political culture of rapidly changing loyalties continues, nation is in high despair and all sectors of economy are showing alarming indicators. In this bleak scenario, neither our political leaders nor technocrats dominating the Finance Ministry have definitive plans for resolving these crises.

All said and done, nothing will change unless rulers start living within their means. Unashamedly, they are not ready to surrender extraordinary perks and privileges enjoyed by them at the cost of taxpayers’ money. How can rulers and bureaucrats living in fortified containments, completely oblivious of the ordinary people’s plight, feel the pinch of life’s hardships? In a democratic setup, responsibility towards people who vote for parliament and accountability are interconnected. The concept of a democratic State emerges from the sovereign right of the Parliament to levy taxes but simultaneously the government is required to spend the same for public welfare rather than for personal comfort and self-aggrandizement. This second part of democracy is completely missing in Pakistan.

We cannot come out of debt-enslavement unless we tax each according to his ability and giving each according to his work, as enshrined in Article 3 of the Constitution. For this, the starting point should be a complete change in the style of governance — the president, prime minister, ministers, parliamentarians, heads of political parties and high-ranking government officials have to live at the average man’s level. Palatial official residences should be sold or converted into income-yielding assets, and all perquisites of public servants and office-holders be monetized to remove the burden off our country’s broken financial back.