Naeem Sadiq, Gojra and the Zakat suo moto notice

Aug 14 food for thought – it’s not just about Gojra as Shi’ias, Ahmedis and other endangered citizens of Pakistan deemed minorities by the religious extremists will testify. Posted below is Naeem Sadiq’s note of Aug 14 & my comment. Also below update on Naeem’s petition currently being heard by the Supreme Court, adjudicating on whether individual citizens are bound by the sharia version of state or not.

Incidentally, one small positive step is that the religion section on the new computerised Pakistani passports has been quietly done away with, so that they no longer contain a declaration of the bearer’s religion. However, Muslim applicants are still required to abuse Mirza Ghulam Ahmed, the spiritual leader of the Ahmedis whom the Parliament declared as non-Muslims during the Bhutto era. It’s a long and uphill battle — one that we cannot afford to lose.

Over to Naeem Sadiq, the indefatigable campaigner on Aug 14  — he agrees of course that Shi’as in Parachinar, DI Khan, Hangu, Quetta have for years now been subject to seige, murder, forced migration, ignored by the media or government – not to take anything away from the victims of Gojra… but food for thought:

From Naeem Sadiq, 14th  August

I decided not to celebrate the 14th August this year, to record my personal grief, shame and solidarity with the innocent citizens of Gojra, who were killed , wounded and burnt, for belonging to the same God, but a different religion. In my room I will fly the Pakistan flag at half mast, I will put my TV off,  have none of those “milli naghmey”  and sing no national anthem.  I am sad, ashamed and distressed. I will call up all my Christian friends to say I am deeply sorry and I apologise.

I do not wish to celebrate the birthdays of a land where the Mullahs spread hate from the minarets of their mosques.  Where 20,000 Muslims unite to kill a few hundred   Christian men, women and children.  Where the administration provides bullet proof vehicles and multi layer protection to its leaders but will do nothing to protect the  life and property of its  ordinary citizens.  I am ashamed that not one person, the CM, the PM, the Governor or the President resigned from his  job as an admission of failure to perform their primary duty.

There are plenty of  flags, parades, speeches and ceremonies, but  no real sense of guilt, remorse,  or reform. The Dawn newspaper alone has 24 ‘ad’ nauseam ads, sponsored by the government departments, with the tax payers’ money, most carrying the pictures of four members of the same family.  All under the garb of a “Happy Birthday to you, dear Pakistan”.   The theft and plunder of peoples’  money  does not pause for rest, even on the 14th day of August.  Should  not a state, at a minimum,  protect the life and property of all its citizens,  to deserve ‘a happy birthday’.

PLUS: UPDATE ON THE SUO MOTO CASE REGARDING THE ISSUE OF COMPULSORY DEDUCTION OF ZAKAT BY BANKS, HEARD BY THE SC ON AUG 10, 2009. (SUO MOTO case no.12 of 2009).

Please note: THIS MATTER IS CURRENTLY SUB-JUDICE. PLEASE MAKE  NO COMMENTS  THAT MAY INFLUENCE THE PROCEEDINGS IN ANY MANNER.  THANKS. ns

The Supreme Court took SUO Moto notice on the appeal of an ordinary citizen, and a  panel of three SC judges, headed by the chief Justice of Pakistan heard the case at 1300 hrs on August 10, 2009 .

Two issues were raised.

a.  That the procedure  for exemption from compulsory deduction of Zakat (notary public, two witnesses, affidavits , stamp paper, CZ-50 etc) was tedious, time wasting , and cumbersome for ordinary citizens

b. The  state cannot compel its citizens to declare a specific “Fiqh”, and thus be divided and boxed into one or the other schools of interpretations.

The Hon’able SC judges heard the submission, agreed that it was a pro bono case and ordered the State Bank and the Federation of Pakistan to appear before the court  in the next hearing, and explain why this procedure can not be simplified and improved in the light of issues raised by the appellant.

The next hearing was fixed for 1st week of October.

Background: Naeem Sadiq had approached the SC to take suo moto notice on the issue of compulsory deduction of Zakat by banks. The CJ accepted the  application and ordered  the case be heard at 0930 hrs on 10 August 2009 at Islamabad Supreme Court.  Required to appear in person.

The original letter that was sent to SC:

An appeal to the Supreme Court of Pakistan

For a  public interest Suo moto notice

Honourable Chief Justice,

The Supreme Court of Pakistan in a landmark judgment on March 9, 1999 gave a ruling that members of all ‘Fiqhs’ were entitled to exemption from compulsory deduction of  Zakat, and the Federal Government had no authority to reject the declaration of any Muslim seeking exemption from Zakat, if it was made on a prescribed form. This judgment enables any Muslim to declare his / her  ‘Fiqh” and thus seek exemption from compulsory deduction of Zakat. Defacto it also recognizes the right of individuals to practice their faith according to their own fiqhs, and not be dictated by the government’s interpretation.

The historic judgment while so well recognizing the right of individuals in matters of their faith, made an irritating mess on how this right was to be practiced. Firstly it requires Muslims to declare their “Fiqh”. The great Prophet of Islam did not subscribe to any  ‘sect’ or ‘fiqh’. For his followers to be forced  to invent, be branded and be divided by sects and ‘fiqhs’ is therefore an absolutely  unethical and undesirable  demand on the part of the government.

The second irritant relates to the requirement of making this declaration on a  prescribed format, thus creating a  serious bureaucratic and procedural difficulty for the ordinary citizens. They are  required to fill a judicial stamped paper of Rs.20 (available for Rs.120), have it signed by a notary public and two witnesses before making a completely unnecessary declaration  of their ‘fiqh’. The form is also called CZ-50 affidavit.

This anomaly could be easily rectified if the Supreme Court through a public interest suo moto notice, clarify  its original judgment by requiring only those Muslims to give in writing (on a plain piece of paper) who do wish their Zakat to be deducted by a bank. This would truly be in keeping with the  SC verdict that all Muslims are entitled to exemption from compulsory deduction of Zakat.

Naeem Sadiq

Karachi

Neighbours in peace – or pieces?

My monthly column for Hardnews, India, August 2009 – http://www.hardnewsmedia.com/2009/07/3122. Also published in The News on Sunday, August 9, 2009

Karachi, July 26 2009

Personal Political

Neighbours in peace — or pieces?

Beena Sarwar

The auditorium was full of women from far-flung, poor localities of Karachi. One of them plonked herself next to me in the second row along with her daughters, a toddler and a six-year old. A gigantic banner featuring a photo of the late activist Nirmala Deshpande formed the backdrop to an array of speakers from India and Pakistan seated behind a long table on the platform. ‘PROMOTING PEACE IN SOUTH ASIA AND REMEMBERING NIRMALA DIDI DESHPANDE’ it read.

Mumtaz, the young Pahstun mother next to me, had studied up till the eighth grade, unlike most of the other women present. The toddler nuzzled against her to breastfeed from time to time.

The speakers included prominent Urdu writer Zahida Hina, peace activist and educationist from Lahore Syed Diep, parliamentarians from  the PPP and MQM and Indian activist Sandeep Pandey from Lucknow, journalist Jatin Desai from Mumbai, and Kavita Srivastava of the Peoples Union of Civil Liberties (PUCL) from Jaipur. Two other Indians weren’t given ‘clearance’ from Islamabad in time for the visit, meant to further the aims of a joint signature campaign for peace launched earlier this year.

Mumtaz and the other women, mostly wives of daily wage labourers, had been brought there by various ‘bajis’, women activists working in their areas. “I don’t understand everything they’re saying,” Mumtaz told me, “But I know they are talking about the need for peace between India and Pakistan. That is what we all want.”

Her immediate concern was to feed her family. “Maybe if these two countries stop fighting, our lot will improve,” she said optimistically.

“Let the people meet, all other matters will sort out,” a cyclist told Sandeep Pandey and other peace marchers who went from Delhi to Multan in 2005, demanding that the governments of India and Pakistan resolve all matters of dispute through dialogue.

Such basic wisdom is at odds with the justifications for continued animosity presented by ‘intellectuals’ on either side of the border. “India/Pakistan wants to destroy us”; “Stop appeasing India/Pakistan”; “There is no point in talking to them”.

If we listen to this babble of voices whose sole aim seems to be to present their own country’s case as better than the other’s, we’ll never get anywhere. There is an old saying in our part of the world, ‘Taali donoN haathoN se bajti hai’ – it takes two hands to clap.

Let’s stop these blame games and accept that there are problems on either side – of varying degrees and natures, and try and understand the complexities of the problems.

Those with access to the Internet have increased the potential for such understanding. But because we’re not used to talking to each other, the un-moderated exchanges posted on blogs are often crass and offensive. Direct interaction involving basic civility and an open mind is more meaningful.

Some time back, a Mumbaikar emailed saying, “Frankly, with Pakistan itself is in such a mess (Lal Masjid, Swat valley, Taliban, regular suicide attacks and of course the numerous Muslim organisations ranting about Jehad), do you really feel safe in your own country? And the most amusing thing is when Pakistan tells that India is its enemy number one. Wait for a few more years, am sure the Taliban will take over Pakistan. And what pains us, is what did we do to Pakistan. Kargil was Musharaf’s misadventure.”

I replied, yes, Pakistan is in a mess, due largely to the continual disruption of the political process, with no democratically elected government being allowed to complete its terms. “This is the biggest difference between India and us, and what I most envy about your country”.

Still, women do get around here too, carry on with their work and their lives. And at least elements within Pakistan’s establishment no longer consider India as enemy number one.

Kargil was indeed Musharraf’s misadventure. Many of us spoke out against it (were labelled as Indian agents). Pakistan’s military must be accountable and answerable to elected civilian governments. This will only happen if the political process is allowed to continue.

Rocky as politics in Pakistan currently are, with a floundering democratic process, it is only more democracy on a sustained and continuous level that will in the long run yield positive results.

(ends)

See also:

‘HRCP urges Pakistan, India to resume prisoner swap, stop arrests for minor violations’, Aug 5, 2009 – http://hrcpblog.wordpress.com/2009/08/06/hrcp-urges-pakistan-india-to-resume-prisoner-swap-stop-arrests-for-minor-violations/

Why not hang Sarabjit Singh, March 2008

http://www.chowk.com/articles/why-not-hang-surabjit-singh-Beena-Sarwar.htm

Dr Sarwar Reference, Aug 8, HRCP, Lahore

Press Release

Reference for pioneering student leader Dr Sarwar

For favour of publication

Lahore August 6: A Reference for the pioneering student leader Dr. Muhammad Sarwar will be held here at HRCP’s Dorab Patel Auditorium on Saturday August 8 at 5 p.m.

Dr. Muhammad Sarwar was amongst founding leaders of the Democratic Students Federation (DSF) and the All Pakistan Students Organisation (APSO). He was also instrumental in the formation of Inter-Collegiate Body of Karachi (ICB) which along with DSF spearheaded the students struggle for the acceptance of students charter of demands in 1953.

Twice elected to the office of General Secretary (national), Pakistan Medical Association (PMA) that continues to play a leading role in the affairs of medical profession, Dr. Muhammad Sarwar was amongst those who had formulated a people-friendly health policy. It was unfortunate that the policy, duly presented to the concerned quarters by the PMA, remains unimplemented.

Born at Allahabad, Dr. Sarwar came to Pakistan in 1948 and joined Dow Medical College,Karachi. After graduation he practiced for over forty (40) years at his clinic in the lower middle class locality, Golimar,

Coinciding with his Birthday, the Reference for Dr.Muhammmad Sarwar, will be addressed by Mr. Hameed Akhtar; Mr.I.A. Rehman;Mr. Abid Hasan Minto;Dr. Haroon Ahmad, Dr. M. Ilyas, Prof. Afzal Tauseef, Ms. Salima Hashmi; Dr.Izhar Chaudhry General Secretary PMA,Punjab, Mr.Farooq Tariq LPP leader,Mr.S.M. Naseem former editor “Students’ Herald”, Zaman Khan, Ammar Ali Jan, Dr. Farrukh Gulzar and Zakia Sarwar.

The Reference will be followed by tea. Later, participants may join discussion to be facilitated by Mr. S.M. Naseem, Beena Sarwar and Ali Cheema.

Issued on behalf of: Friends and Admirers of Dr. Muhammad Sarwar

By (Husain Naqi)

NOTE: MR MINHAJ BARNA AND DR ENVER SAJJAD ARE ALSO EXPECTED TO ARRIVE IN LAHORE FOR THE REFERENCE

Simply repealing 295-C will not stop the rot

Since it was introduced by Gen. Zia, the ‘blasphemy law’ 295-C has been used to settle scores, including financial rivalries, as umpteen fact-finding missions have recorded (included several I have participated in), much as the Zina laws have been used for revenge.

Now, simply repealing 295-C will not stop the rot. That must be done, but along with it we have to demand strict enforcement of law and order.

Those who incite violence and murder (eg mullahs who used loudspeakers) must be held culpable as well, charged, tried and punished in accordance with the law.

Ditto those who desecrate a holy book or symbol, no matter of what religion.

Below, links to some reports that provide a perspective on the issue:

PAKISTANI CHRISTIANS-THE VICTIMS OF HALF LAW IN GOJRA, by Brigadier Samson Simon Sharaf (Retired), Aug 5, 2009

http://chowk.com/ilogs/73055/47736

An Eyewitness Account from Gojra – Faris Kasim.  August 7, 2009

http://www.chowk.com/articles/an-eyewitness-account-from-gojra-faris-kasim.htm

Edited version in The News Op-Ed, Aug 8, 2009

http://www.thenews.com.pk/daily_detail.asp?id=191978

HRCP press releases, Aug 4 & Aug 1
http://hrcpblog.wordpress.com/2009/08/06/gojra-admin-knew-about-pre-planned-attacks-hrcp/

http://hrcpblog.wordpress.com/2009/08/06/hrcp-press-release-on-gojra-and-korian-incident/

Lethal Law, Newsline Sept 2001
http://www.newsline.com.pk/NewsSept2001/newsbeat.htm

PAKISTAN-INDIA: The frog who reached the top

Photo: Nicolas Reu/Caters News Agency

Photo: Nicolas Reu

PAKISTAN-INDIA: The winning frog’s approach just might work…

The Indian media is gunning for Prime Minister Manmohan Singh for his stand regarding the need for dialogue with Pakistan, just as the Pakistani media is gunning for the Pakistani leadership for their insistence on dialogue with India (going against long years of conditioning).

Reminds me of the little frog who made it to the top in a pole-climbing competition amidst the din of the crowd below cat-calling and yelling nasty comments. 

Unlike the other frogs who kept dropping out, he couldn’t hear the people yelling that he would never make it.

He was deaf. 

Urgent appeal for potable water in monsoon-affected areas of coastal Sindh

Appeal from A Ercelan, Pakistan Labour Trust

People in monsoon affected areas of coastal Sindh urgently need potable water.

Their dire condition is the direct result of decades of deprivation of fresh water, drainage of upstream pollution, and destruction of mangroves — with consequent depletion and degradation of ground water reserves specially through sea water intrusion. State policies of which many if not all of us are beneficiaries.

Please help by donating for Musaffa (brand name for water-filter bags developed by the Pakistan Council of Scientific and Industrial Research (PCSIR)). Musaffa bags contain mostly sand with some silver as the active steriliser, which kills e-coli about an hour after immersion.

Direct purchase of Musaffa bags for delivery to Pakistan Fisherfolk Forum (PPF) would be appreciated. You can collect money and go to Musaffa supplier directly, or have a PPF representative pick up the contribution and deliver a sale invoice from Musaffa supplier. An a/c payee check is preferred to cash. Pakistan Labour Trust

(PLT) has donated Rs 50,000 to deliver Musaffa filter bags to the Pakistan Fisherfolk Forum. The Musaffa supplier has made an additional donation of about half this amount through a discount.

Please join this PLT-PFF effort to provide at least 1000 families in emergency need of potable drinking water.

Contacts:

Faiz Saheb at +92-21-4534356 (off Amir Khusro Road, Karachi) to purchase.

Pakistan Fisherfolk Forum M Ali Shah +92-21-5090543 in Ibrahim Hyderi, Karachi).

Zardari: two articles and a comment

Meant to do this earlier but didn’t get around to it – two interesting articles about Zardari and a comment

July 12, 2009 ‘The advent of Asif Zardari’ by Kunwar Idris – http://tinyurl.com/ksbydc

Shaheryar Azhar posted this to his group The Forum with the comment: “A very good article. This moderator to the dismay of some forum members has not focused on the ‘governance’ issue in Pakistan ever since the departure of the Musharraf government. This, of course, was by design.

“We must first decisively emerge victorious in our civil war – as long as Zardari’s government is doing a credible job on this front they deserve our full support. There will, however, come a time when we will shift our complete focus on ‘governance’, ‘corruption, ‘efficiency’ etc.-type make-or-break issues. Here we must acknowledge that what is different from the 90’s is not just more maturity being shown by the politicians or the existence of the Charter of Democracy or the working coalitions in all the four provinces or much greater consensus amongst politicians of consequence on key national issues – all of which individually and collectively is the big and surprise story of 2008 and 2009 but the existence of two empowered institutions, which were conspicuously missing then – independent judiciary and media. So rest assured, there will be time (soon inshalla) when our focus will shift laser-like to the bread-and-butter issues.

“There is one big caveat: as always military dictatorship, including military manipulation from the background will always be fought against. In Pakistan what is true is the following: Corrupt democracy anytime over any kind of military dictatorship.”

A follow up article at – http://tinyurl.com/m6zuva

July 15, 2009, ‘Meeting the president’, by Sayed Naseer Ahmad, Dawn:

“Never before had a head of state invited so many retired bureaucrats and asked them to speak their mind on national issues. The mere fact that several dozen retired bureaucrats, who could no longer influence decision-making, were invited to the presidency for a frank discussion showed that the incumbent valued good counsel.

“…Zardari said he thought that the militants and extremists had emerged on the national scene not because the civil bureaucracy was weak. In fact, they had been deliberately created and nurtured with the help of the international community as an instrument of policy in the 1980s. He then went on to advise the former bureaucrats to be “truthful to ourselves and make a candid admission of the realities”.”

Palestine remembered

PALESTINE: http://www.palestineremembered.com/

from Asim Ghani with the note

“It’s a wonderful site. Please forward it to as many people as you can. Thanks!”

DR SARWAR: New photos and articles

DR SARWAR: New updates and uploads www.drsarwar.wordpress.com

– ‘Hasan Nasir’s case should also be reopened’ – article by Shafqat Tanvir Mirza

– a couple of writings by Dr Sarwar (paper on democracy & letter to Editor)

– article by women’s rights and health activist and friend Hilda Saeed

– photos from Dr Sarwar’s student activist days & during his days as a PMA office bearer – also up at http://tinyurl.com/sarwar-pix

– poetic invite by Dr Farrukh Gulzar who is the driving force behind the Reference for Dr Sarwar on Aug 8 at HRCP Lahore (5-8 pm)

Dr Sarwar Reference, Aug 8, Lahore

Final-Dr Sarwar reference-flyerYour presence is cordially requested at a
REFERENCE IN BELOVED MEMORY OF
DR. M. SARWAR (1930-2009)

Founding member, former President
Democratic Students Federation (DSF);
Former Secretary General (Central)
Pakistan Medical Association (PMA)

Related articles and photos at: www.drsarwar.wordpress.com

Saturday, August 8, 2009
5:00-8:00 PM
Programme:
5.00-6.00 pm: Formal Reference
moderated by Hussain Naqi, former General Secretary NSF & President Karachi University Student Union

Speakers:
Hameed Akhtar, writer; Abid Hasan Minto, advocate; Prof. Afzal Tauseef, writer;
I.A. Rehman, Secretary General HRCP; Zaman Khan, activist; Farooq Tariq, Labour Party leader; Salima Hashmi, artist; S.M. Naseem, former editor ‘Students Herald’;

Dr Haroon Ahmed + Dr M. Ilyas, former PMA office bearers; Dr. Izhar Chaudhry, Secretary General PMA Punjab; Ammar Ali Jan, activist; Dr Farrukh Gulzar, follower; and Dr Sarwar’s wife Zakia Sarwar, educationist

6.00-6.30 pm: Tea

6.30-8.00 pm: Discussion, deliberations and other offerings
Facilitated by S.M. Naseem, Beena Sarwar, and Ali Cheema
Venue: Dorab Patel Auditorium
Aiwan-I-Jamjoor, 107-Tipu Block New Garden Town, Lahore – 54600
Tel:(92) (042) 5838341-5864994-5865969

Web site: www.hrcp-web.org

Email: hrcp@hrcp-web.org

PUNCTUALITY IS REQUESTED – we aim to start on time
Organised by friends and admirers of Dr M. Sarwar and his legacy

For more information, please contact Dr M. Farrukh Gulzar 03004818390