I remember my first reaction when
I heard about the need strict implementation of Article 62 and 63. I though
okay this is going to be interesting to watch how much of it is actually
implemented since there is a long range of cases on politicians from billion
rupees scam to non payment of taxes to water/cow theft.
But it all turned out to be
something which is not only hilarious, funny, shameful but also disgusting. As usual
we are using the name of religion to interfere the basic human rights of
citizen of the country. We are trying to do something which only God is entitled
to do. As always we are taking these sensitive decisions making like judging
deeds/actions in to our own hands. To make the matters worse, there are even
questions about the integrity and character of the Election Commission of
Pakistan and on these very Returning Officers. These people would have been
service for some time now and I am sure they were around the time of last
election as well. So when all these candidates passed the tests of being sadiq
and amin back then? And if they passed their application papers back then, doesn’t
it make it a party to this fraud? But let’s forget everything for now and read
the Qualifications for membership of Majlis-e-Shoora (Parliament) (Article 62):
(1) A person shall not be qualified to be elected or
chosen as a member of Majlis-e-Shoora (Parliament) unless-
a)
he is a citizen of Pakistan;
b)
he is, in the case of the National Assembly, not
less than twenty -five years of age and is enrolled as a voter in any electoral
roll in-
(i)
any part of Pakistan, for election to a general
seat or a seat reserved for non-Muslims; and
(ii)
any area in a Province from which she seeks
membership for election to a seat reserved for women.
c)
he is, in the case of Senate, not less than
thirty years of age and is enrolled as a voter in any area in a Province or, as
the case may be, the Federal Capital or the Federally Administered Tribal
Areas, from where he seeks membership;
d)
he is of good character and is not commonly
known as one who violates Islamic Injunctions;
e)
he has adequate knowledge of Islamic teachings
and practises obligatory duties prescribed by Islam as well as abstains from
major sins ;
f)
he is sagacious, righteous and non-profligate,
honest and ameen, there being no declaration to the contrary by a court of law;
g)
he has not, after the establishment of Pakistan,
worked against the integrity of the country or opposed the ideology of
Pakistan.
Looking at these conditions, the
real fun starts from the condition (d) “where he is to be of good character and
not commonly known as who violates the Islamic Injunctions”. My first question
is how do you define a good character? Let’s start with most common example, people
who have benefited from a top property tycoon and businessman of this country
would vouch for his generosity and will to help people. While at the same time
you would meet more than dozen politicians and journalists who would tell you
horrifying stories how he has manipulated his way to the top. So who are you
going to believe? Nothing has been ever proven in the court of law. So how are
we going to judge him? And the funnier part is the second half of this condition;
I have somehow failed to understand “not commonly known” so if someone does “bad
things” in his private farmhouse then it is fine? Or if someone other than his
close circle doesn’t know about his that, then he is approved as sadiq and
amin?
Let’s move to next clause which
states that “adequate knowledge of Islamic teachings and practises obligatory
duties prescribed by Islam as well as abstains from major sins;” Again please enlighten
me since when our start started asking people to pray five times a week? Do our
shops ever close down during that? Obligatory duties are to be performed by
individual and if he doesn’t then of course the first question would be asked
by Salah, but by the GOD, not by human. HE has the right and power to decide
the eventual fate. Again the second part is ambiguous as in the previous
condition, where I failed to understand difference between “major and minor
sins”. Is there a list in our constitution declaring which one falls under what
category? The Returning Officer, who is a human after all with his natural
weakness of being biased, would decide on the spot that he is a major or minor
sinner? Last time I heard a sin was a sin, there was no distinction.
Finally we are down to one
condition that does make a little bit of sense (Okay don’t start judging me yet
on this one). It says” “he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law. Now where
the first part of the clause is subjective as expected, it is the second part
which caught my eye. This at least says that court of law would decide in this
matter and there one can hope for emergence of some kind of evidence before the
final decision. But again, our politicians have signed deals among themselves,
with dictators, and even on the back flip of Quran just to refute them later
one. Does that leave them as sadiq and ameen? The two major parties of the
country blame each other for violating the signed Charter of Democracy, so who
is right and who is wrong? Since whoever is wrong here, should be disqualified immediately.
We have people on video tapes who vowed with hands on Quran to bring some
criminals and God know who to justice. Did they? Do they still qualify? For every
political party, their own leader is the most honest and others are corrupt,
while the truth is that we are a corrupt nation and every one of us has a
Zardari in us. It is just we do corruption at different level. This doesn’t makes
us any better than anyone else.
Last but not least we are down to
the main clause which is states: “he has not, after the establishment of
Pakistan, worked against the integrity of the country or opposed the ideology
of Pakistan.” First of all, it was a very smart move by those religious parties
who opposed the creation of this country to include the words “after the
establishment of Pakistan” so they could wipe off their proud previous record
of not believing in the idea of this country at first place. Secondly, though
we love to find the definition of Ideology of Pakistan through Iqbal`s poetic
verses or Quaid i Azam`s speeches, it is a fact that there is no exact
definition on which everyone has agreed in the constitution. Researchers have written
that this term didn’t even exist before Gen Yahya era (Yes, the sinner, drunken
army dictator approved it for obvious reasons) and was coined by a religious
leader turned politician of a famous political party and an army Major General.
Today we all have our different interpretation of this ideology and Ayaz Mir`s
rejection is a blunt example of how much constructive criticism or freedom of
speech. It actually made me laugh when Ansar Abbasi said that if you don’t believe
in this ideology then you can’t sit in the Assemblies and only record protest
by going on roads.
The fact remains that under the
above mentioned subjective clauses, most of the people in the country wouldn’t qualify
for Assemblies and by “most of” I mean more than 95%. Our entire system is
based on the working of Interest, and being part of doesn’t it automatically disqualify
us all? I would definitely support a
check and balance system where the candidates are pre-screened about their
previous public and criminal record. But that would include if there are any
proven charges against them, any outstanding liabilities/bills/loans, any
inhuman/immoral charges etc. This is also being done but the focus is more on
bringing the “Angels” in the Parliament. Even the check balance like cases or
outstanding loans is not being implemented in reality; the big fishes i.e. the
head of ALL political parties have one case or the other over them. But they
say it never has been proven, so innocent till declared guilty, well in that
case not a SINGLE case has been proven against our beloved President as well,
so why the kolaverdi?
In nutshell, we want a ideal Islamic
state in Madinah but forget that we are living in the 21st century Pakistan
where we have the ideal Islamic laws in our constitutions but not the ideal people.
People like Ansar Abbasi spent good time of his life defaming this constitution
as non-Islamic and suddenly now he has guts to say that the articles should be
implemented forcefully since it is all in the constitution. Does the creator of
this Constitution Mr Bhutto fulfill all the conditions? Is Zia eligible under this
constitution? Meera and Musarat Shaheen pass
the honest and Islamic junctions test but a mere columnist cant? It is about
time we come out of this denial and instead of short cuts, start working on
some long time solutions to these issues through building proper practicable
check and balance systems. You can’t clean up mess of more than six decades in
one go. Till then we won’t be seeing any real “Angels in the Outfield”!
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