111 510 510 libonline@riphah.edu.pk Contact

Mirrors shown by India and UK! Articles 62, 63: Don’t falter Fakhru Bhai! 180 million are with you!

The hue and cry over Articles 62 and 63 of the Constitution of the Islamic Republic of Pakistan never appears to quite die down. It rises in tandem in noise and intensity with the noise level over corruption by the high and mighty of the land.

What are Articles 62 and 63?

The Articles are sure to become a hot topic as the prequalification of candidates for the looming elections begins in earnest. As long as the troublesome Articles remained tucked away in some forgotten corner of our Constitution no one appeared to be perturbed too much over them. But now when the possibility that at least some of the conditions laid down in these Articles for deciding the eligibility of candidates for election to the parliament may actually be applied, a chorus of protests over them will begin in earnest.

Just who are the protesters? Just who are the people who attack these constitutional provisions and what is their argument in support thereof? Almost without exception these are the very people who have previously managed to reach positions of power and have thereby, and by using a breathtaking variety of fraudulent means, amassed huge unearned and undeserved “profits”. Lying about one’s dual nationality, production of fake degrees as “proof” of one’s qualifications, use of all kinds of forged documents are all “fair” means for these people to get around the requirements for eligibility for running for high political office with motives not of service but of personal gain and of satisfying their voracious appetite for wealth.

Sins of omission by ECP in 2008

In the last general elections (2008), a lax procedure at the Election Commission of Pakistan for keeping out the corrupt, enabled hundreds of dishonest and power hungry people to get into the Parliament and thence into positions of power and privilege which they have shamelessly used to amass great fortunes while the people continued to sink into misery and despair. The very same people are now out to nullify the safeguards in the Constitution to prevent the likes of them from getting into positions of power again.

What are the Articles 62, 63 about?

The Qualifications for membership of Majlis-e-Shoora (Parliament) specified in these Articles of our constitution include the requirements (for a Muslim candidate) that he be a practising Muslim, be not commonly reputed to be violating Islamic injunctions and (for all candidates) that they be honest and Ameen, not have a negative verdict against them by a court of law. Likewise some disqualifications are also laid down in these articles which include having dual citizenship, having been sentenced to imprisonment by a court for moral wrongdoing for a period of two years or more (unless 5 years have elapsed since his release), having defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers and so on. The list of qualifications and disqualifications is fairly long and we would refer you to the Constitution for a detailed look.

Election Commission’s moment of truth!

The moment of truth for the Election Commission of Pakistan is at hand. If it takes courage in both hands and, supported by the Supreme Court and by an overwhelming majority of 180 million Pakistanis, and enforces the requirements of the Constitution mentioned, it would be credited with having pulled the country and its political system from the edge of a precipice and with having set it on the right part with Allah’s blessing. Otherwise it will add another chapter of ignominy to the country’s history. Choose well Fakhru Bhai and ECP!

The disastrous consequences

Absence of moral standards in selection of rulers invariably results in weakening a nation in innumerable ways. People suffer, economy deteriorates, and the country forfeits a place of honour among the nations of the world, to name some of the consequences. I have chosen two examples from happenings in the last fortnight which serve to bring out the difference between countries which follow high standards in politics and those who do not.

British VIP in jail

This happened some time back but the sequel surfaced only last week. Just imagine the scene. A British VIP, an ex-Minister is driving his car in a busy street in London with his wife sitting by his side. He commits a driving offence not serious like hitting someone or causing a crash but driving above the speed limit, a crime nevertheless serious enough by British traffic standards to merit a red mark on his driving licence. The problem was that he already had several red marks on his licence for similar infringements of traffic laws and another red mark would have meant cancellation of his driving licence. That would have been a disaster for him because unlike hundreds of our VIPs and VVIPs he did not have the luxury of being served by a driver at government’s expense. The long arm of the law finally caught up with the offence and the VIP and his wife landed in jail to serve out a term of four months.

Our own VIP law breakers!

Compare this with the behaviour of not just our own VIPs but also the behaviour of their sons, daughters, sons-in-law and so one. They break all laws on the road, are not above drunken driving and causing danger to others’ lives and damage to other vehicles and getting away with it. Which policeman would dare to apprehend them and risk not only getting roundly thrashed but losing his job as well? Imagine this state of affairs existing not just on the roads but happening in all spheres of life and you will understand why we are placed so low as we are among the nations of the world today.

India shows us the mirror

The other recent example I am quoting is that of our neighbour, India, refusing to be cowed down by a European nation – Italy – over a matter which concerned two Italian Marines under trial in India after being “accused of shooting dead two fishermen off the south-western state of Kerala in February last year, when a fishing boat sailed close to an Italian oil tanker they were guarding. They say they mistook the fishermen for pirates”. When the Marines who had been granted bail by the Supreme Court of India on the assurance of the Italian Government, skipped bail, Indian reaction was immediate and firm. “No country can, should, or will be allowed to take India for granted,” said Sonia Gandhi, herself of Italian origin and head of Congress, the ruling party of India, adding “All means must be pursued to ensure that the commitment made by the Italian government before the Supreme Court is honoured”.

India refused to bow down

The Indian Supreme Court passed orders restraining Italian envoy Daniele Mancini from leaving the country due to his government’s refusal to send back the two marines. A plea that the Italian Ambassador had diplomatic immunity was not accepted by India in a matter in which two of its citizens had been killed. Finally a dramatic U-turn by the Italian government, which had earlier said the two marines would not be sent back, enabled the marines to meet the deadline set by the Supreme Court when it gave them permission to go for a month to vote in the elections there and then return to surrender themselves!

And we set free killer Raymond

Back to our own country, remember killer Raymond Davis the CIA agent who killed two Pakistani Citizens in cold blood and was allowed to fly back on the openly false pretext that he had diplomatic immunity? Raymond was fluent in several Pakistani languages and may still be operating the network he had formed here to carry out sabotage activities of all kinds on CIA orders. The incident will be a shameful part of the history of our country and our rulers at this point in time! Are we ready to mend our ways in line with our Constitution or to alternatively fall into oblivion of history and be only remembered as a nation which failed to live up to its great promise?

(owajid@yahoo.com)

Wajid Naeemuddin, "Mirrors shown by India and UK! Articles 62, 63: Don’t falter Fakhru Bhai! 180 million are with you!," Business recorder. 2013-03-26.
Keywords: