By Rizwan
Ata
The NWFP Assembly on July 14 passed the controversial Hasba Bill amid uproar
and desk thumping by the opposition members and full-throated
slogans of "Allah-o-Akbar" (God is Greatest) by the
treasury members.
A coalition of six fundamentalist parties MMA managed to form
provincial government in NWFP province in the wake of October
2002 general elections. Since a process of Talibanisation is going
on. Hasba Bill is aimed at introducing Moral Police , like Taliban,
to implement Shariat in the province. Major political parties,
left, women groups, NGOs are opposing it. Military ruler General
Musharraf, in order to show a secular face to West, has challenged
the bill in Supreme Court.
Labour Party Pakistan has been opposing the Hasba Bill and thinks
that Hasba Bill can only be defeated through street mobilisations.
Below is a summary of news and views re Hasba Bill. Also, text
of the bill is also presented below.
According to Daily Time: The Muttahida Majlis-e-Amal (MMA) on
July 14 defeated the opposition in the NWFP Assembly 68 votes
to 34 to pass the Hasba Bill, calling the victory "a beginning
of new era of justice and prosperity". The opposition has
warned that the province will come to a standstill with the bill's
passage.
Pakistan Tehrik-e-Insaf also voted in favour of the bill while
the Pakistan Muslim League-Nawaz abstained. The bill was put to
vote after an almost seven-hour debate, which failed to convince
the treasury or opposition to accept or reject the bill. Opposition
members wore black armbands inscribed with "Hasba Bill na
manzoor (not acceptable)" to protest the bill's passage.
MPA Nighat Yasmin wore the armband on her forehead.
A last-ditch appeal from Opposition Leader in the NWFP Assembly
Shehzada Gustasip failed when he suggested that the bill be referred
to a house committee for detailed deliberations. Senior Minister
Sirajul Haq promised the House that any amendment could be made
to the bill at any time. No opposition member proposed any amendment
to the bill and a few MMA members proposed certain amendments.
One amendment regarding exonerating the NWFP Assembly Secretariat
from the influence of the handpicked ombudsman was adopted.
"This province will not function," Gustasip told the
House, warning, "Everything will be paralysed by this bill."
He asked, "Why do you need an ombudsman? Did you fail to
deliver? Please note it down. This mohtasib will interfere in
your business and the province will literally be paralysed."
MPA Dr Salim advised the MMA to avoid confrontation with the
federal government and that it was not in the province's interest
to adopt a confrontational path with the centre. "It is a
known fact that when a province adopts a confrontational path
with the centre, it is the province that suffers," he reminded
the MMA. PPPP MPA Abdul Akbar Khan demanded the NWFP governor
not assent the bill till the Council of Islamic Ideology considered
it. "When the king (the chief minister) and qazi (ombudsman)
join hands, society does not survive," he told the House.
He said the chief minister's secret funds would not come under
the ombudsman's review nor would the actions of ministers or the
NWFP Secretariat where corruption could be most expected.
Text of Hasba bill
Preamble: Whereas sovereignty over the entire universe belongs
to Almighty Allah alone and the authority to be exercised by the
people of Pakistan through their chosen representatives within
the limits prescribed by him is a sacred trust; And whereas implementation
of Islamic way of life revolves around Amer-Bil-Maroof and Nahi-Anil-Munkir
and to achieve this objective it is necessary, apart from other
steps, to establish an institution of accountability, which could
keep a watch on securing legitimate rights of various classes
of the society, including females, minorities and children and
to protect them from emerging evils and injustices in the society;
And whereas it is further necessary from the accountability point
of view to extend the authority of Mohtasib to government's administration
and offices in order to have a check upon injustices, abuse of
powers and other similar excesses; It is hereby enacted as follows:
1: Short title, extent and commencement-(1) This Act may be called
the North-West Frontier Province Hisba Act, 2005. (2) It shall
extend to whole of the North-West Frontier Province. (3) It shall
come to into force at once.
2: Definitions.-In this Act, unless the context otherwise requires,-
(a) "Agency" means a department, commission or any office
of Provincial Government, a corporation or similar other institution
which the Provincial Government may have established or which
may be working under its control, but does not include the high
courts and the courts working under its administrative control.
(b) "Amer-Bil-Maroof" means fulfilling the obligations
of enjoining the good as laid down in Holy Quran and the Sunnah;
(c) Competent Court: Competent court means court established under
CPC 198. (d) "Expert Lawyer" means a lawyer having at
least ten years experience in the profession of advocacy; (e)
"Government" means the Government of the North-West
Frontier Province; (f) Governor means governor of NWFP. (g) High
Court means the Peshawar High Court, Peshawar, (h) "Hisba
Police" means the police force deputed to work for the purposes
of this Act from time to time; (i) "maladministration"
includes all such decisions, processes, recommendations, acts
and deficiencies which- (j) is contrary to law, rules or regulations
or is a departure from established practice or procedure, unless
it is bonafide and for valid reasons; or (k) is perverse, arbitrary,
unreasonable, unjust, biased, oppressive or discriminatory; or
(l) is based on irrelevant grounds; or (m) involves the exercise
of powers or the failure or refusal to do so, for corrupt or improper
motives, such as bribery, jobbery, favouritism, nepotism and administrative
excesses; or (o) amounts to negligence, inattention, delay, incompetence,
inefficiency and inaptitude in the administration or discharge
of duties and responsibilities; (p) "Mohtasib" means
the mohtasib of the province or, as the case may be, the mohtasib
of a district, appointed under this Act; (q) "Nahi-Anil-Mukir"
means fulfilling the obligations of forbidding the evil as required
by the Holy Quran and Sunnah and all other matters which the mohtasib,
in the light of the Holy Quran and Sunnah, determines in consultation
with the Council of Advisors; (r) "Office" means the
office of mohtasib of the North-West Frontier Province; (s) "Prescribed"
means prescribed by rules made under this act; (t) "Province"
or "Province of Sarhad" means the North-West Frontier
Province; (u) "Provincial Advisory Council" means the
Council established under this Act; (v) "Public servant"
shall mean the person defined in section 21 of the Pakistan Penal
Code, 1860; (s) "Religious scholar" means the holder
of the certificate of Shahadat-ul-Aalmliah from any institute
recognized by government, who has also passed the Secondary School
Certificate Examination from a Board of Intermediate and Secondary
Education recognised by government; (t) "Staff" means
an employee or office commissioner, elected/nominated co-worker,
advisor, expert, subordinate, officer, liaison officer, etc, of
an Agency.
3. Appointment of Mohtasib.-(1) There shall be a Mohtasib for
the North-West Frontier Province, who shall be appointed by the
Governor of the North-West Frontier Province in consultation with
the chief minister of the province. (2) A mohtasib shall be a
person who is a qualified religious scholar and is eligible to
be appointed as judge of the Federal Shariat Court. (3) Before
entering upon office, the mohtasib shall take an oath before the
chief minister in the form set out in the Schedule. (4) The mohtasib
shall, in all matters, perform his functions and exercise his
powers independently, honestly and diligently and all executive
authorities throughout the province shall act in aid of the mohtasib.
4. Tenure.-(1) The tenure of the office of the mohtasib shall
be four years but the competent authority may extend the term
of his tenure. (2) The Mohtasib may, at any time, resign from
his office by tendering resignation in writing.
5. Mohtasib not to hold office of profit, etc -- (1) The Mohtasib
during his appointment shall not hold any office of profit or
enter into any profession carrying the right to remuneration.
(2) The Mohtasib, during a period of two years after his retirement,
shall not be eligible to contest election of the National or a
Provincial Assembly.
6. Terms and conditions of service.-- (1) The provincial Mohtasib
shall be entitled to the same privileges, allowances and pay as
are admissible to a Judge of the Federal Shariat Court. (2) A
District Mohtasib shall be entitled to the privileges, pay and
allowances as are admissible to a Sessions Judge. (3) A Mohtasib
may be removed from office on the ground of misconduct or of being
incapable of properly performing the duties of his office by reason
of physical or mental incapacity and in this context will be served
with a notice in advance. If in the opinion of the Mohtasib the
reasons of his removal are not based on facts, he shall be entitled
to challenge the bona fide of the notice before the Peshawar High
Court, which shall be heard by a Division Bench of the said Court;
provided that if no hearing date is fixed for ninety days from
the date of approaching the Court, then it shall be deemed that
the notice of removal has become effective. (4) In case a Mohtasib
applies for hearing of his case under sub-section (3), he shall
forthwith cease to function as Mohtasib. (5) Where a Mohtasib
has been removed on the ground of misconduct, he shall not be
eligible, for a period of four years from the date of his removal,
to be appointed in any government Department or to become a member
of National Assembly or a Provincial Assembly.
7. Acting Mohtasib - (1) If the Provincial Mohtasib, for any
reason such as leave, etc. is unable to attend his office, the
competent authority shall direct any District Mohtasib to act
as Provincial Mohtasib. (2) if the office of the Provincial Mohtasib
becomes vacant for any other reason, Government shall appoint
an acting Provincial Mohtasib.
8. Delegation of Powers to District Mohtasib.-The Provincial
Mohtasib shall, in the prescribed manner, be competent to delegate
his power to a District Mohtasib in writing.
9. Appointment of staff and terms of employment-(1) Government
shall determine the terms and conditions of service and pay and
allowances in respect of the staff members of the Mohtasib. (2)
A district Mohtasib shall take oath of office before the Provincial
Mohtasib in the form set forth in schedule 'B'.
10. Power and duties of Mohtasib--The Mohtasib shall, on a written
or oral complaint of any person, or on reference from the High
Court, the Supreme Court or the Provincial Assembly, or suo moto,
shall have the authority to- (a) Enquiries into the allegations
of maladministration against any agency or its employees; (b)
Protect/watch the Islamic values and etiquettes; (c) Watch the
media established by Government or working under the administrative
control of Government to ensure that its publications are useful
to the purpose of upholding Islamic values; (d) Forbid persons,
agencies and authorities working under the administrative control
of government to act against Shariah and to guide them to good
governance; (e) Formulate such directives and principles which
may help in making the conduct of authorities working under this
section to be effective and purposeful; and (f) Extend to the
provincial administration in discharging its functions smoothly
and effectively; provided that the Mohtasib shall not interfere
in any matter which is sub-judice before a court of competent
jurisdiction or which relates to external affairs of Pakistan
or the relations or dealings of Pakistan with any foreign state
or Government or relates to or is connected with the defence of
Pakistan or any part thereof, the Military, Naval and Air Forces
of Pakistan or the matters covered by laws relating to these forces.
11: Procedure and evidence--(1) A complaint shall be made in
writing or orally by the person aggrieved or, in case of his death,
by his legal heirs, to the Mohtasib, which may be delivered personally
to the Mohtasib himself or his concerned member of staff or by
post, Email or Fax, etc. (2) Where the Mohtasib proposes to conduct
an investigation, he shall issue to the principal or subordinate
office of the Agency concerned a notice calling upon it to make
reply to the allegations made. If no reply is received within
a reasonable time from the concerned Agency or the officer under
its control competent to give reply, the Mohtasib shall initiate
investigation proceedings, which will be informal, but in special
circumstances, the Mohtasib may adopt such procedure as he considers
appropriate for such investigation. The Mohtasib shall, in accordance
with the rules made under this Act, pay expenses and allowances
to the affected parties or the witnesses produced by them. The
Mohtasib shall be empowered to check or cause to be checked through
his employees the official records of the concerned Agency; provided
that such documents do not pertain to state secret documents.
Where the Mohtasib, with respect to any complaint, does not consider
it appropriate to take any action, he shall inform the complainant.
The Mohtasib shall regulate the procedure for the conduct of business
under, or the exercise of powers coffered by, this Act.
12. Implementation of orders, etc--(1) On completion of the action
in relation to a complaint, the Mohtasib shall have the power
to issue directive to the competent officer of the Department
concerned for its implementation and may, at the same time, take
up such steps as considers expedient. The concerned Agency within
the time limit mentioned in the directive, inform the Mohtasib
about the action taken in that behalf, failing which the concerned
Agency or competent officer will render itself or himself, as
the case may be, to the following actions: (a) One or more actions
under the North-West Frontier Province Removal from Service (Special
Powers) Act, 2000. (b) In case of non-cooperation with the Mohtasib
or his staff during investigation, action for interference in
smooth functioning of Government. (2) The Mohtasib shall, for
the purpose of this Act, have the same powers as are vested in
a Civil Court under the Code of Civil Procedure, 1908 (V of 1908),
in respect of the following matters, namely: (a) Summoning and
enforcing the attendance of parties and examining him on oath;
(b) Compelling the production of documents; and (c) Receiving
evidence on affidavits. (3) Where the Mohtasib is satisfied in
respect of a complaint under consideration that any functionary
of Government has committed a cognizable offence or a civil suit
can be instituted against him, he shall direct the concerned Agency
to initiate action as aforesaid in accordance with law.
13. Access to documents.-- The Mohtasib, any member of his staff
or a member of Hisba Force, authorised in this behalf, shall have
the right to enter into any office of Government for investigation
and examine and take copies of documents during such investigation;
provided that if any document is taken into possession from the
records, he shall give a receipt thereof as a token of such possession.
14. Contempt of Mohtasib.- (1) In respect of contempt of Court,
the Mohtasib shall have the same powers as are vested, under Contempt
of Court, 1976, in the High Court; (a) Hinders or become a source
of hindrance in the smooth proceedings before the Mohtasib or
does anything causing difficulties in the completion of such proceedings;
(b) Give such statement which defames Mohtasib, or any of his
officer or representative; (c) Acts in a manner which, in relations
to proceedings before the Mohtasib, influence the mind of the
Mohtasib to take a partial decision; or (d) Acts in a manner which,
any law for the time being in force, falls within the definition
of contempt; provided that any comments made in good faith and
in the public interest on any act or on report of the Mohtasib
or his staff or representative shall not be treated as contempt.
(2) The aggrieved against any order of the Mohtasib under section
(1) may, within 30 days of such order, appeal in the High Court
which shall be heard by a Division Bench of the said court. 15.
Provincial Advisory Council.- The Provincial Mohtasib, under his
chairmanship, shall establish a Provincial Advisory Council, consisting
of - (a) two Ulema of repute; (b) two senior advocates from Bar;
(c) two representatives of Government in PBS-20. 16. Meetings
of Provincial Advisory Council.-The Provincial Advisory Council
shall, for purpose of consultations, meet at such times and at
such places as the Provincial Mohtasib may, from time to time,
direct. (2) Unofficial members of the Advisory Council shall be
entitled to such honoraria as the Mohtasib may, with the approval
of government, determine. 17. District Mohtasib.- (1) The Provincial
Mohtasib may, for a district or for more than one district, appoint
a District Mohtasib. (2) A person qualified to become a non-official
member of the Provincial Advisory Council shall be eligible for
appointment as a District Mohtasib. (3) The tenure of a District
Mohtasib shall be four years. (4) In case of appointment of a
District Mohtasib for more than one district, the Provincial Mohtasib
shall determine the district where central office of such District
Mohtasib shall take place. (5) A district Mohtasib, before entering
his office, shall take oath in the Form in Schedule B before the
Provincial Mohtasib. (6) A District Mohtasib shall be entitled
to the same pay, allowances and privileges as are admissible to
a District and Session Judge. (7) A District Mohtasib may be removed
from the office by the Provincial Mohtasib on the ground of corruption
or of being incapable of properly performing his duties of office
by reason of physical or mental ability. In such case he shall
be served with a show-cause notice, which will be replied to by
the District Mohtasib within seven days from the date of service.
(8) On failure of the District Mohtasib to reply within the stipulated
period or the reply being found un-satisfactory, the order of
removal of the District Mohtasib may be issued by the Provincial
Mohtasib. (9) The District Mohtasib, on his removal from office
under sub-section (8), may, within 30 days of the order, appeal
in the High Court. (10) When a District Mohtasib has been removed
on the ground of corruption, he shall not be eligible, for a period
of four years from the date of his removal, to be appointed in
any Government Department or to become a member of the Parliament
or a Provincial Assembly or a Local Government. 18. Delegation
of Powers.-The Provincial Mohtasib may, in writing, delegate his
powers to a District Mohtasib for a period of three months and
subject to such restriction as may be specified therein.
19. District Advisory Council.- (1) As soon as may be after appointment
of a District Mohtasib, he shall establish a District Advisory
Council, consisting of at least five members under his chairmanship,
of whom one shall be a religious scholar, one a law graduate,
one a respectable resident of district concerned and one a district
officer of Provincial Government. (2) The District Advisory Council
shall advise on matters which are referred to it, from time to
time, by the District Mohtasib concerned.
20. Tehsil Mohtasib.- (1) A District Mohtasib, with the permission
of the Provincial Mohtasib, may appoint as many Tehsil Mohtasib
as the need may be. (2) A person qualified to become a District
Mohtasib shall be eligible for appointment as Tehsil Mohtasib.
(3) The tenure of the Tehsil Mohtasib shall be four years. (4)
In case of appointment of a Tehsil Mohtasib for more than one
Tehsil, the District Mohtasib concerned shall determine the Tehsil
where central office of such Tehsil Mohtasib shall take place.
(5) A Teshil Mohtasib shall be entitled to the same pay, allowances
and privileges as are admissible to a Civil Jude. (6) A Tehsil
Mohtasib may be removed from office by the District Mohtasib concerned
on the ground of corruption or being incapable of properly performing
his duties of office by reason of physical or mental inability.
In such a case he shall be served with a show-cause notice, which
shall be replied to by the Tehsil Mohtasib within seven days from
the date of service. (7) On failure of the Tehsil Mohtasib to
reply within the stipulated period or the reply being found unsatisfactory,
the order of removal of the Tehsil Mohtasib may be issued by the
District Mohtasib concerned. (8) The Tehsil Mohtasib, on his removal
from office under sub-section (7), may within 30 days of the order,
appeal to the Provincial Mohtasib, whose decision thereon shall
be final. (9) Where a Tehsil Mohtasib has been removed on the
ground of corruption, he shall not be eligible, for a period of
three years from the date of his removal, to be appointed in Government
Department or to become a member of Parliament or a Provincial
Assembly or a Local Government.
21. Acting Tehsil Mohtasib.- (1) If a Tehsil Mohtasib, for any
reason, is unable to attend his office temporarily, the District
Mohtasib concerned shall direct any other Tehsil Mohtasib to act
as Tehsil Mohtasib to perform his duties in addition to his own
duties. (2) If the office of a Tehsil Mohtasib becomes vacant
for any reason, the District Mohtasib concerned shall direct any
Tehsil Mohtasib to act as Tehsil Mohtasib of the Tehsil concerned
till appointment of new Tehsil Mohtasib for the Tehsil. (3) No
Acting Tehsil Mohtasib shall, in any case, be appointed for a
period of more than three months.
22. Delegation of Power to a Tehsil Mohtasib.-A District Mohtasib
shall, in the prescribed manner, be competent to delegate his
powers to a Tehsil Mohtasib of his District in writing.
23. Special Powers of Mohtasib.-Without prejudice to the powers
conferred by section 10, the Mohtasib shall have the following
powers: (i) To monitor adherence of moral values of Islam at public
places; (ii) To discourage exhibition of extravagance, particularly
at the time of marriages and other family functions; (iii) To
follow code of Islam in giving dowry; (iv) To discourage beggary;
(v) To monitor adherence of Islamic values and its respect and
regard at the times of iftar and traveh; (vi) To discourage entertainment
shows and business transaction at the time of Eids and Friday
prayers around mosques where such prayers are being held; (vii)
To remove causes of dereliction in performance and proper arrangement
of Eid and Friday prayers; (viii) To discourage employment of
under-age children; (ix) To remove unnecessary delay in discharge
of civil liability which is not disputed between the parties;
(x) To prevent cruelty to animals; (xi) To remove causes of negligence
in maintenance of mosques; (xii) To observe decorum of Islam at
the time of Azan and Fardh prayers; (xiii) To prevent misuse of
loud-speakers and sectarian speeches; (xiv) To discourage un-Islamic
and inhuman customs; (xv) To check the tendency of indecent behaviour
at public places including harassment of women; (xvi) To eradicate
the deal as profession in Taweez, palmistry, magic, etc; (xvii)
To protect the rights of minorities, particularly to regard the
sanctity of their religious places and sites where they perform
their religious ceremonies; (xviii) To eliminate un-Islamic traditions,
which affect the rights of women, particularly taking measures
against their murders in the name of Honour, to remove the tendency
of depriving them of their right of inheritance, to eliminate
the tradition of Cirri, and to protect their rights guaranteed
by Sharia and law; (xix) To monitor weight and measures and eliminate
adulteration; (xx) To eliminate artificial price hike; (xxi) To
protect government properties; (xxii) To eliminate bribery from
government offices; (xxiii) To incite feeling of service to people
at large amongst government functionaries; (xxiv) To advise those
who are found to be disobedient to their parents; (xxv) To perform
any other functions which the Provincial Mohtasib determines from
time to time in consultation with the Advisory Council; (xxvi)
To mediates amongst parties and tribes in matters pertaining to
murders, attempts to murder and similar other crimes threatening
to law and order situation.
24. Public Servant.-The Mohtasib and all his staff including
Hisba Force shall be deemed to be public servant within meaning
of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
25. Restriction.-- (1) No court or authority shall be competent
to question the legal status of the proceedings before a Mohtasib.
(2) No court or authority shall have the power to pass any injunction
or any interim or a stay order with regard to any matter under
consideration of the Mohtasib. (3) No suit or legal proceeding
shall lie against the Mohtasib or his staff for anything in good
faith done or intended to be done. 26. Hisba Police.-A mohtasib
will be provided with requisite police force to enable him to
conduct his affairs under this Act. 27. Conciliation Committee.-
(1) The Provincial Mohtasib in consultation with the District
Advisory Council, shall establish a conciliation committee, at
police station level, that consists of (i) Two religious scholars
of repute, (ii) A local lawyer, (iii) A minority representative
from the area, (iv) A respectable local resident, and (v) Station
House Officer or his nominee (2) A District Mohtasib may terminate
the membership of any committee member, after consultation with
the Advisory Council. 28. Offences to be Non-Cognizable.- Defiance
of the order of the concerned Mohtasib in the performance of his
duties under section 23 of this Act shall be non-cognizable offence
punishable with imprisonment for a term of six month and a fine
up to 2000 rupees. 29. Power to Make Rules.-Government from time
to time makes rules for carrying into effect the provision of
this Act. 30. Over-riding effect.-The provisions of this Act,
to the extent provided hereunder, shall have over-riding effect
vis-a-vis any other law for the time being in force. 31. Removal
of Difficulties.-Government may, by notification in the official
Gazette, remove any difficulty or hindrance in connection with
the implementation of the Act. (from daily DAWN july 16 2005)
Chairperson Human Rights Comission Of Pakistan Asma Jehangir
In A Newspaper Article Wrote:
Pakistan's rulers are extremely touchy about the image of the
country. If only they were this focused on improving their governance
skills. Forcibly stopping Mukhtar Mai from proceeding abroad and
using brutal force against journalists and human rights activists
is not likely to give them the progressive image they aspire for.
On one hand, the government wants to present a soft face - at
least to the world outside - but on the other, they have been
caught napping while the Hasba Act issue has once again raised
its head in the Frontier. Is it because the military government
has lost its effectiveness? Or are there indeed parallel forces
at play? Or is it simply to draw the attention of the West to
the "evil" that they alone can counter? In all eventualities,
the sad conclusion is that Pakistan is rapidly moving towards
militancy of all sorts and forms.
The Hasba force will only add its own weight to the falling structures
of the state. The sponsors of the Hasba Bill have defended it
on several grounds and assured the public that it will not be
as menacing as it appears. Similarly did the Taliban, in Afghanistan,
justify their Ministry of Vice and Virtue. The outcome was oppressive.
In Nigeria, 12 northern states have Hasba set-ups and continue
to justify them on religious grounds. Human rights organisations
report that Hasba members deliver rough justice. They have been
responsible for flogging and beating up people for being "un-Islamic".
They have gone from house to house to ensure that people are not
indulging in "un-Islamic" behaviour. Men and women have
been prohibited from travelling together. According to reports
published by Human Rights Watch, Hasba forces have stopped vehicles
carrying men and women and forced the latter to disembark. Senior
officials of the federal government describe them as "parasites"
that are impossible to shake off. We can easily understand this.
Haven't we also had a taste of laws based on religion?
And who knows better than us that once a structure, institution,
or law has been made in the name of Islam, even the most "progressive"
of rulers has not been able to undo it? The Hasba Bill is as hypocritical
as it is tyrannical. It vows to protect religious minorities and
the rights of women in the face of traditional practices like
honour killings. The mohtasib will ensure that all women get their
Islamic share of inheritance. Not long ago, sponsors and authors
of the Hasba Act had opposed amendments (weak as they were) in
the Pakistan Penal Code that might have brought the perpetrators
of honour killings to justice. Many of them have been the complainants
in a number of blasphemy cases filed against religious minorities.
They have threatened and even killed those accused of blasphemy.
To this day, they have never raised a finger against those who
usurp women's right to inheritance. No law has been proposed that
protects either women or children from social and economic isolation.
After having exploited children from marginalised sections of
the society in madrassas and used them to carry out jihad, the
Hasba group is now promising to eradicate child labour. Such double
talk will not fool anyone.
It is a deliberate provocation for all democratic forces. The
mullahs have spared the armed forces from this inquisition. The
Bill prohibits the Hasba network from snooping around the business
of the armed forces. If their Islam is good for the country, surely
it will also serve the armed forces. But the mullahs know their
limitations. Their wrath, anger, and venom is reserved for the
vulnerable. Women, children, and religious minorities are easy
victims. In fact, these sections of society have already been
victims of informal Hasba gangs. A woman activist and her teenage
daughter were killed in the Frontier simply because the mother
was working for women's empowerment. The government of Pakistan
neither denounced the act nor take any measures to protect women
activists. Instead, human rights activists are visited daily by
intelligence agencies. They are grilled about their work, and
their families are harassed. An admission by an NGO that it works
for women rights is treated like a confession of guilt. The vigilante
groups of the MMA already enjoy a free hand. They turn women away
from university campuses for not covering their heads or other
"immoral" behaviour. These vigilantes have even taken
to visiting the "food street" in Lahore to check if
"morality" is being observed. When these people threaten
to beat up women athletes or those running in mixed-marathons,
they are appeased. Apart from rhetoric, which is only meant for
the outside world, the government has taken no measures, adopted
no policy, or given any indication that the orthodoxy will not
be allowed to take law into their own hands. The enforcement of
Hasba law in the Frontier will further strengthen these people.
The Hasba force will be institutionalised. They will cover the
province through a network of mullahs ready to pounce on their
prey. The Hasba Bill gives the provincial, district and tehsil
mohtasibs wide powers and open-ended authority to enforce virtue
and "whip" out evil. They can interfere with the media,
education, bureaucracy, and in family matters. The Bill allows
them to ensure that parents are respected, people are not extravagant,
and beggary is not practised. All public places can be inspected
to ensure that "true" Islam is being practised. Authors
of the Bill have been clever. The mohatsibs will have a council,
which will include lawyers, civil servants, and SHOs of police
stations, allowing them to pull strings. This will boost their
ability to do mischief. The Hasba mohtasib will have the freedom
to design procedures. A police force will assist him in carrying
out investigation, reconciliation, and administrating punishments.
Any criticism of the Hasba force will be treated as contempt of
court. No court can prohibit the Hasba force from carrying out
any act. Superior courts cannot pass interim orders against their
workings. The authority of the Hasba mohtasib cannot be challenged
in any court and only the chief minister can hear an appeal against
his recommendations. In short, if the Act is passed, the Hasba
force will act as chief prosecutor of the province and enjoy wide
powers, without any accountability. It will punish, admonish,
watch, monitor, and even persecute. It will be accountable only
to the chief minister. The Act makes an advanced degree from a
madrassa a mandatory requirement for the Hasba mohtasib. They
are expected to supervise Islamic "akhlaq" and "adab".
This is no different from any past political bid to usurp all
power in the name of Islam. Once the Hasba Bill is passed in the
Frontier, other provinces will not lag behind for long.
Talibanising Pakistan
By Senator FARHATULLAH BABAR, Daily The Nation Pakistan (13.07.2020)
The the democratically elected Islamic government in Frontier
province in Pakistan has announced to table in the provincial
assembly the Hisba Bill that if passed will pave way for the setting
up of a chain of offices of religious ombudsmen throughout the
province at the provincial, the district and even tehsil levels.
Each ombudsman will be assisted by a brigade of newly created
Hisba force to enforce on the citizens what has been generically
described as 'propagation of its version of virtue and preventing
its version of the vice'. Apart from powers to redress grievances
of people against provincial government departments each of the
nearly hundred or so mohtasibs mullahs will also have powers to
regulate the private lives of citizens. The powers to enforce
'Islamic value system' at public places and during iftar (fasting)
and traveeh (prologed and intecsive special prayers in the month
of Fasting) prayers, discourage games, music and trading near
mosques during Eid (two annual festivals) and Friday weekly prayers,
ensure weights and measure, punish errand children for disobeying
Islamic parents, anti-corruption and to control prices are some
of their duties and functions. Under section 10 of the bill any
citizen can complain to the mohtasib mulla against any other person
for say not observing 'Islamic values'.
The Mohtasib mullah also has powers to take suo moto notice under
the same section. The media has also not been spared. Under sub
section (c) of section 10 the provincial ombudsman mullh shall
keep a watch on the media and ensure that it promotes Islamic
values in the society. Even the secretariat of the provincial
assembly has been placed under the purview of the provincial mohtasib
mullh. A provision has been made under section 15 for the creation
of a special Provincial Islamic Advisory Council to guide the
ombudsman mullah and bring to his attention any other matter for
action. The council shall comprise of two religious mullahs, two
Islamic lawyers and two islamic representatives of the government.
The qualifications and mode of selection of the mullah and islamic
lawyer members of the advisory council has not yet been specified
but since the Chief Minister is the appointing authority of the
mohtasib the nominations to the advisory council will also be
made by him, (a body like Iranian Religious Council is expected
to come as dictating authority) . Under section 14 the Mohtasib
mullah shall have powers available to judges to superior courts
to punish any one for bringing it in contempt either by obstructing
in its proceedings or by making public statement against it.
A person punished for contempt can under section 14(3) go in
appeal to the high court within one month. No provision however
has been made for appeal to a judicial forum by any one aggrieved
by the orders of Mohtasib mullah in matters other than his contempt.
Any person aggrieved by an order of the Mohtasib mullah can under
section 13(4) can only make a written application to chief minister
who "shall have the powers to pass any order as he deems
appropriate"- despite the legality of the matter. The proposed
law under which it is set up shall override all other laws in
force (section 31). No court and no authority of the federal or
provincial government shall question the proceedings pending before
the Mohtasib mullah nor any court can issue stay order against
it (section 21). By giving powers to the Mohtasib mullah to order
citizens to fashion their lives according to his interpretation
of the Quran and Sunnah and of what is right and what is wrong
in an individual's conduct is a grave violation of the basic fundamental
right of citizens. According to article 20(a) of the Constitution
"every citizen shall have the right to profess, practice
and propagate his religion". Under section 26 of the Bill
the Hisba police is bound to follow the orders of Mohtasib mullah
to whom this new islamic police force shall be responsible. A
new armed force is thus being created in violation of Article
256 of the Constitution. The Hisba mullah force drawn from among
the fundamentalist Muslims of the provincial police will look
up not to the provincial police chief or the police safety commissions
but to the Mohtasib mullah for orders. Is it not the way Hitler
organized his very Christian and very Catholic Nazi party and
politics? Is it not the same way used by Massilini, Stalin and
Gen. Franco? Is it not the practice in Islamic fascism of Iran
and the Islamic absolutism of Saudi Arabia?
Last year the former governor of the Frontier sent the bill to
the Council of Islamic Ideology for its comments. The Council
is a constitutional body to advise the government on whether a
certain law is in accordance with the Islamic tenets or not. The
Council in its 154th meeting in August last year declared the
Hisba bill clashes with the Constitution Article 175 (3), which
concerns the independence of judiciary. The Council commented
"the proposed Hisba institution will not achieve the purposes
of Shariah. It will instead raise controversies over the teachings
of Quran and Sunnah". It criticised clause 3(1) of the bill
for making the ombudsman mullah's office political in nature by
giving powers of appointment to the chief minister. The Council
also observed that the ombudsman's offices were already working
at the centre and in the Punjab, Sindh and Balochistan and that
the same should be set up in the Frontier instead of creating
a new one through the Hisba bill. The appointment of ombudsmen
mullah in districts and tehsils also needlessly duplicated such
offices already provided in the Local Government Ordinance 2001,
the Council said.
The 8-point recommendations of the Council were drafted by Justice
(R) Haziq al Kahiri and were passed unanimously by all the Council
members. The framers of the draft bill seem to have no plausible
explanation to the Council's objections. In a live television
debate on a private channel a member of the fundamentalist islamic
Nifaz-i-Shariah Council of the Frontier government that drafted
this bill accused the Council of Islamic Ideology of indulging
in political rhetoric rather than making concrete and practical
recommendations. A political institution is being created for
political purposes under the pretext of "enforcing Allah-Mullah
system in Allah's words". Nothing could be more tragic than
this. The civil society must rise against the talibanisation of
the country. Can we trust Muslims wih democracy. The political
vision of the brain-washed islamic zombies cannot cross the limits
of their brainwashing? Can we trust these islamic zombies to look
after themselves and not be a menace to themselves and to the
world at large? Can we allow a democracy of the fanatic suicide-bombers,
who would like to to bomb themselves in order to destroy the world
around? Should we support the childish Western dream of bring
democracy to utterly undemocatic and undemocratable ignorant fundamentalist
zombies? Thank again, Learned Ladies and Gentlemen !
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