Chapter XI

C O N C L U S I O N:
What is the true state of affairs?


R E F E R E N C E S

1. Jamil-ud-din Ahmad, Some recent speeches and Writings of Mr. Jinnah, Published by Sheikh Muhammad Ashraf, Lahore, 1947, p. 380

2. Putting the record straight by Nisar Osmani - Dawn 14.12.1993

3. The Search for political stability by M. H. Askari - Dawn 14.8.1993

4. Nisar Osmani, op. cit.

5. Pakistan Times, October 10, 1958 cited by Khalid B. Sayeed, Politics in Pakistan.

6. Four decades of decadence by Dr. Afzal Iqbal - the Muslim 1.11.91

7. The search for political stability by M. H. Askari - Dawn 14.8.1994

8. Pakistan: The enigma of political development by Prof. Lawrence Ziring - pp-131

9. The search for political stability by M. H. Askari - Dawn 14.8.1994

10. Has the system broken down? by M.H.Askari - Dawn 21.2.1995

11. Ibid.

12. Masud Mufti, Democracy or feudocracy? - Dawn 16.9.1995

13. Ibid.

14. Ibid.

15. Why save the system? by Bala A. Khawaja - Dawn Tuesday Review, Feb. 21 1995

16. Culture against democracy by Eqbal Ahmad - Dawn 25.6.95]

17. Ghani Eirabie, The Coup bid and its loud message, Dawn 21.11.1995

18. Out of the nine federal legislatures that have come into being in Pakistan since independence, only two National Assemblies have been allowed to complete their normal term. Three were booted out by men in uniform. On four occasions, the head of state claimed to have exercised his constitutional authority while dissolving the assembly.

19. In the case of Sharaf Faridi vs the State (1989), it was held by the High Court of Sindh that in a setup where the constitution is based on trichotomy of power, judiciary enjoys a unique and supreme position with the framework of the constitution as it creates balance amongst various organs of the State and is the sentinel of the rights of the people and the custodian of the constitution. [PLD 1989 Karachi 404 at 444) The Supreme Court, while upholding this decision had held that "the independence of judiciary means that every judge is free to decide matter before him in accordance with his assessment of the facts and understanding of the law without improper influence, inducement of pressures direct or indirect from any quarter or for any reason: and that the judiciary is independent of the executive and the judiciary has jurisdiction, directly or by way of review, over all issues of a judicial nature. [PLD 1994 SC 105]

20. Article 30 of the 1962 constitution provided that the President could, in case of emergency, issue ordinance, whether or not the Assembly was in session, and the Assembly would have no authority to disapprove of them.

21. Legislation without parliament by Munib Akhtar - Dawn 19.5.95

22. Making Constitution safer for democracy by Justice (retd) Dorab Patel - Dawn 22.5.1993

23. Contempt of Court - The Economist, London, 18.2.1995

24. This is not to say that all the people appointed to the Superior Courts by authoritarian rulers have not performed their functions with dignity and impartiality. After all, those who delivered the dissenting judgment in the ZAB case and those who refused to take oath under Zia's PCO were also appointed by the same usurper rulers.

25. The slaying of judiciary by Ardeshir Cowasjee - Dawn 1.4.1994

26. Contempt of Court - The Economist 18.2.1995

27. The question of criteria by Ghayurul Islam - Dawn 17.8.1994

28. Not by law of contempt alone-II by I.A.Rehman - Dawn 26.4.1995

29. Dawn 20.3.1996

30. Dawn 27.5.9

Land reforms were introduced in East Pakistan in 1950 which destroyed the centuries old feudal system. The East Bengal State Acquisition and Tenancy Act, 1950 embodied a series of radical reforms in the land ownership and tenure system of East Pakistan. A ceiling of 100 bighas (about 33 acres) or 10 bighas per family member, whichever is greater, plus an additional 10 standard bighas for the homestead were fixed under the act, while sub-letting was forbidden.

The major province East Pakistan was likely to urge enforcement of similar land reforms in West Pakistan since this measure would have broken the political and economic stranglehold of the feudal classes out of decision-making. To begin with, parity was introduced so that as a majority province East Pakistan should not impose such radical measures as land reforms for the benefit of the landless peasants of West Pakistan. This tacit understanding among the feudal class, headed by Kalabaghs, Gardezis, Gilanis and Qureshis was to prove a major factor in the feeling of deprivation in decision-making on the part of the East Pakistan and sowed the seeds of eventual separation between the two wings of the country. {The unrealized dream by A.H.Kardar - Dawn 19.8.95 (See also page 82)}

Apart from the lack of geographical contiguity of the two wings, the people of the eastern wing were sensitive and politically more conscious than those living in West Pakistan who were suffering under the age old domination of feudal lords and serfdom of tribal sardars. Linguistic, racial and social differences accentuated this situation and the military rulers could not, for long, ignore the feelings of the people of the more populous part of the country. East Pakistan began to act as brake on dictatorship and exercised a steady pull towards democracy. Indeed, the restraint that East Pakistan exercised on unbridled dictatorship was a factor which led those who supported these regimes to feel that they would be better off without the eastern half of the country. (Mohammad Asghar Khan, Generals In Politics - pp 3,4)

35. M. Ziauddin, Tax: Those who rule do not pay - Dawn 23.9.1995

36. Eqbal Ahmed, Pakistan at forty-eight - Dawn 14.8.1994

37. National crisis in perspective by Syed Shahid Husain - Dawn 12.12.1995

38. M. Ziauddin, Tax: Those who rule do not pay - Dawn 23.9.1995

39. Dawn 9.5.1996

40. Dimensions of social change by Syed Nawab Haider Naqvi, Dawn - 19.4.1994

41. Lawrence Ziring, Pakistan: Enigma of Political Development p-218

42. The rule of the troika by Dr. Mubashir Hasan - Dawn - 21.2.1993

43. Putting the record straight by Nisar Osmani - Dawn 14.12.1993

44. In reply to a question regarding Haji Saifullah's case (challenging the President's decision to dissolve the National Assembly in August 1990), General Aslam Beg told the journalists in Lahore on Feb. 4, 1993: "I did try to convey to the Honorable Supreme Court that, we had given a solemn undertaking to the nation that elections to the National Assembly would be held according to the schedule already announced and that, therefore, it would be in the best interest of the nation that we stick to our promise and the said elections were allowed to be held accordingly."

When further asked whether his action did not constitute contempt of court, his answer was that "I definitely did not think so as the information sought to be conveyed in good faith and in national interest." [Statement of Aslam Beg filed in the Supreme Court - Dawn, March 2, 1993] On February 21, the Court formally charged General Beg with contempt of court. When the trial started, General Beg met with the Army Chief of Staff, General Waheed and through him assured President and the army leadership that he will not damage their image. [Azhar Suhail, The government of agencies, p-106.]

On February 20, 1993, during the preliminary proceedings, the Chief Justice Dr. Naseem Shah censured the respondent for giving an "irresponsible and careless" answer to the question asked by the press on Feb. 4, and remarked: "we are very sorry to hand over the defense of the country to a person if he was so careless." The honorable Chief Justice, in a moment of great anger also observed: "I do not change my opinion, even if Allah the Almighty directed me to do so." Yet again, on 22 February 1993, the Chief Justice in anger held out the threat to the reporters and the respondent that "if you fail to produce the tapes, I shall blacken many faces" and "I shall ensure that I send some of you to your graves and hell." [Statement of Aslam Beg in the Supreme Court - Dawn March 2, 1993]

On March 1, General Beg told the court that Chairman Senate Waseem Sajjad had carried his message to the Supreme Court to block restoration of Junejo assembly. Waseem Sajjad denied Beg's statement. At the end, General Beg was let off by a weary but thoroughly indignant Supreme Court with a conviction without a sentence. On appeal, even that conviction was overturned by the same court. In a majority judgment, the Supreme Court decided on January 9, 1994 to drop proceedings against General Beg.

45. Time for a national agenda by Iqbal Jafar - Dawn 16.1.1994

46. Federal Minister for Petroleum and Natural Resources, Anwar Saifullah, told newsmen on 29.4.1995 that the coalition government of Pakistan Democratic Front (PDF) was sharing power with the army to bring stability to the democratic system. Though decisions are taken by the chief executive (prime minister), there is a sharing of power, Saifullah told newsmen at the Face-the-Press program of Rawalpindi-Islamabad Union of Journalists. He asserted that the Prime Minister had the final word on any issue "but she consults the President and the army chief on matters of national interest, particularly on foreign affair issues, security and defense." He argued that like judiciary, the military was also a kind of check on the working of the government. Dawn 29.4.1995

47. M.B.Naqvi, Basic flaws in foreign policy, Dawn 1.4.1994

48. The Herald July 1992

49. In the lap of bureaucracy by Karamt Ali and B.M. Kutty, Dawn 14.2.1992

50. The new bureaucrat: Public servant or feudals' Munshi? by Masud Mufti, Dawn 5.5.1995

51. Dawn 30.3.1996

 

52. Defense Vs Human Development by Ayesha Jalal [Dawn - 17.2.1996]

53. M.B.Naqvi, Basic flaws in foreign policy, Dawn - 1.4.1994 ]

54. M. Ziauddin, Strategic role of defense, debt-servicing in budget - Dawn 8.7.1995

55. Ibid.

56. Ibid.

57. Ayesha Jalal, op. cit.

58. Ibid.

59. Ibid.

60. Ibid.

61. Sardar Sherbaz Mazari, Corruption: stench is everywhere - Dawn - 4.7.1994

62. At a briefing of foreign press correspondents, the question was asked of Prime Minister Benazir Bhutto whether she was aware that her country had been rated the third most corrupt country of the world. Rather than refuting the rating, the Prime Minister held that some economists maintain that in developing countries corruption is a necessary evil that provides incentives for development. She must have picked up this idea from a US official, Joseph Nye, who once wrote that he thought that perhaps a little bit of corruption in developing countries, at a very low level, helped to push the file faster. By this, he did not mean institutionalized corruption at the topmost level that seeps all the way down to the bottom. [Bare bones - unrefuted, Dawn 6.10,1995]

63. Dawn 21.4.1994

64. The Herald, April, 1994

65. Ibid.

66. Ibid.

67. Ibid.

68. Ibid.

69. M.H.Askari, Aftermath of the MBL scam - Dawn 27.4.1994

 

70. Newsline June 1994

71. Ibid.

72. Dawn 15.12.1995

73. Newsline, June 1994

74. The Myth of Constitutionalism in Pakistan by Zulfikar Khalid Maluka p-69

75. Keith Callard, Pakistan - A Political Study, P-208

76. Ibid. p-225-226

77. What have we made of our Islamý? Prof. Abdul Qayyum, Dawn - 12.6.1992

78. The Islamization of Laws in Pakistan by Rubya Mehdi - p-222

79. Ibid. p-225

80. Ibid. p-227

81. Ibid. p-227

82. Dawn 8.3.1996

83. Religious fanaticism at its worst by M.H. Askari - Dawn 4.5.1995

84. In the lap of bureaucracy by Karam Ali and B.M. Kutty - Dawn 14.2.1992

85. Eqbal Ahmad, Pakistan at forty-eight - Dawn 14.8.1994

86. Impervious to challenges by M.B. Naqvi - Dawn 16.1.1995

87. In a joint India-Bangladesh agreement signed at New Delhi in April 1973, the Bangladesh government agreed to seek a solution to all "humanitarian problems" arising out of the war of secession, including the repatriation of Pakistanis stranded in Bangladesh and Bangalies detained in Pakistan. It was clear that all non-Bengalis who allegiance to Pakistan and opted for Pakistan would be covered by this agreement. In a further meeting in 1974,( following Pakistan's recognition of Bangladesh) attended by Pakistan's Minster of State, Mr. Aziz Ahmad, however, somewhat deviated from the position originally stipulated and said that necessary authorization for movement to Pakistan would be issued to all those non-Bengalis who were either domiciled in the western wing or were employees of the federal government or were members of divided families. This excluded the large number of non-Bengali Pakistanis, the bulk of whom are now living in the camps of Bangladesh and are popularly described as Biharis. Their number is said to be about 250,000. Various governments in Islamabad from time to time have declared their intention to repatriate these Pakistanis to Pakistan. The Bangladesh authorities in the meantime have given them freedom to stress their identity as Pakistanis and even enabled them to set up Urdu-medium schools for their children. With the passage of time, the repatriation of the Biharis to Pakistan seems less and less likely to happen even though morally and constitutionally Pakistan is committed to bringing them over.

88. Dawn 1.3.1996

89. Gunnar Myrdal - An Asian Drama: An Inquiry Into the Poverty of Nations - New York: Pantheon Books, 1968, Vol. 1, p-66 cited by Khalid Bin Sayeed in Western Dominance and Political Islam

90. Dawn 6.12.1995

91. Lawrence Ziring, Pakistan: The Enigma of Political Development - p-257

92. Humayun Akhtar - Politicians beware! Lest Prof. Ziring's predictions come true - Dawn 18.3.1994

93. The bare bones by Adreshir Cowasjee - Dawn 1.9.1995]

94. Dawn 5.1.1997


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