Muhammad Abd al-Hameed

How to bring Pakistan and Bangladesh closer in a confederation

2011-12-15T11:13:00.002+05:00

I was in Dhaka the day we won the world cup in cricket. The excitement was all over the place. In the morning, I had to visit a government office to get some information, accompanied by an official guide. Office after office was closed.

“Is there a strike?” I wondered.

“No, the officers are at home watching the cricket match,” the guide explained.

Finally, he found an officer in his seat. “You have great sense of duty,” I complimented him on his presence. The officer, with a white beard, smiled. “Well, I have my son at home, calling me every hour to give the latest score.” There was widespread jubilation on the result, as if Bangladesh itself had won. Such were the emotions of the people.

After moving about for several days and meeting people, including public servants, it seemed that the people, if they could, would love to lift their country and place it next to Pakistan. Even after so many years, the separation and its aftermath had not diminished the deep Muslim brotherhood.

We can do now what we should have done back in 1971. We can create a framework that brings us closer and closer, overcoming the bitterness of the past. While retaining their separate identities, the two countries can unite in a confederation. Minimal in the beginning, the relations will grow gradually as trust and understanding increases.

How to do it? As the first step, Parliaments of the two countries should adopt the draft constitution given below to form “Pak Desh.” It provides only a framework for bringing the two countries closer in their mutual interest, without imposing any action that any side may consider undesirable, or interference in its internal affairs. It also does not propose any grandiose plan, such as a common currency or common Parliament.

The Constitution of Pak Desh

WHEREAS the people of Pakistan and Bangladesh, having won Independence in 1947 as a single country, want to have as close relations as possible, while retaining their sovereignty and independence;

WHEREAS the people of both countries, being part of the Muslim Ummah, want to cooperate and collaborate in the promotion of Islam and closer relations with Muslims everywhere;

WHEREAS the two countries have common interests and objectives and want to work together to achieve them;

NOW, THEREFORE, they hereby adopt this Constitution, through their representatives in Parliaments of Pakistan and Bangladesh, and it will take effect from _____.

1. Pakistan and Bangladesh will form a confederation, to be called “Pak Desh.”

2. Pakistan and Bangladesh will retain their names and independence as sovereign countries.

3. Pakistan and Bangladesh will be called henceforth respectively Western and Eastern Wings of Pak Desh with regard to affairs of the Confederation.

4. President The head of Pak Desh will be Pak Desh President.

5. On the recommendation of Parliament of either Wing, Parliaments of both Wings will elect as the Pak Desh President a person, who qualifies to be elected the President of his Wing, with votes of more than 50 percent of the total members of each Parliament.

6. Pak Desh President will continue in office without an limit of age until he resigns, is declared unfit mentally and physically or Parliament of either Wing shows lack of confidence in him with a vote of more than 50 percent of its total members.

7. Pak Desh President will be provided official residence in the Wing of his domicile. When visiting the other Wing, he will stay in the President House or

8. Council Pak Desh will have a Council, to be called Pak Desh Council, consisting of Ministers of Foreign Affairs, Trade and Interior of Governments of both Wings.

9. While discussing an matter that is not under the jurisdiction of any of the Council Members, the relevant Ministers of both Wings will be invited to participate in discussion and decision.

10. Pak Desh President will preside over the meetings of the Pak Desh Council.

11. The Council will meet at least once in every 90 days.

12. The Council will take all decisions with consensus of its members.

13. Every decision of the Council will take effect in both Wings after 90 days unless Parliament of either Wing overrules it or fails to pass relevant legislation within the given period.

14. If Parliament of a Wing modifies a decision of the Council before the end of 90 days, the modification will take effect after the approval of Parliament of the other Wing.

15. Secretariat a) The Secretariat of Pak Desh will have a setup each in Islamabad and Dhaka.

b) The Secretariat staff will consist entirely of employees provided on deputation by the Government of the relevant Wing.

c) The staff, subject to the rules of their Government, will retain lien with their parent departments to get promotion, when due, and other benefits.

16. The Governments of the two Wings will approve the budget of Pak Desh, with each Government bearing half of the total budget expenditure.

17. The official languages of the Secretariat will be Urdu and Bangla.

18. Every staff member of the Secretariat will be required to be very fluent in both languages, so that he can read, write and speak in either language without difficulty.

19. Islam Both Wings will cooperate and collaborate in the promotion of Islam through all possible means and in having closer relations with Muslims everywhere.

20. The embassies and diplomatic missions of the two Wings will collaborate to improve relations of Pak Desh with Muslim countries.

21. Foreign policy Both Wings will consult each other regularly on foreign policy matters and their embassies and diplomatic missions will collaborate on matters of common interest.

22. Visa Each Wing will set up visa offices in major cities of the other Wing.

23. Visa offices will receive applications for visas directly through registered post. Interviews will not be required for tourist and business visas.

24. The visitors from one Wing to the other Wing will not have to report their arrival and departure at a police station. On arrival and departure, a visitor will submit only a report card at immigration counter.

25. Defense The military attack on a Wing will be considered an attack on the other Wing also and both will fight against the aggressor with all available means, including nuclear weapons.

26. Both Wings will cooperate and collaborate in defense matters, including training, equipment supply and joint military exercises.

27. Commerce The trade between the two Wings will be considered internal, subject only to essential regulations of the relevant Government.

28. A private or public limited company in either Wing will be allowed to set up an office or factory in the other Wing after informing the central bank of the Wing, without requiring formal permission.

29. There will be no duties or taxes on the items traded between the two Wings, if grown, produced or manufactured locally.

30. Buyers in a Wing will pay in their own currency for imports from the other Wing.

31. The currency of a Wing will be converted into the currency of the other Wing only through scheduled banks and at a rate determined daily by the central bank of the respective Wing.

32. Communication The Governments of the two Wings will set up jointly an undersea optic fiber link between them, share the initial cost and subsequent running expenses and offer its use free of charge to telecom companies of both Wings, provided they apply domestic rates to their customers for inter-Wing voice calls and other communications.

33. Domestic postal rates will apply to the surface mail between the two Wings.

34. Each Wing will subsidize by more than 50 percent the fares of the Lahore-Dhaka and Karachi-Dhaka flights of its national carrier.

35. The two Wings will have joint regular shipping services for inter-Wing trade and passenger services.

36. Both Wings will negotiate with India for transit of direct passenger and goods trains between them, running under Indian escorts.

37. Education The public sector universities and other educational institutions in one Wing will admit students from the other Wing on merit, whether they get scholarships from their Government or want to study at their own expense.

38. The Government of a Wing will promote the teaching of the national language of the other Wing in its educational institutions.

39. Sports Both Wings will hold regular annual inter-Wing matches in cricket, hockey, football, athletics, and other sports.

40. The best players of both Wings in a sport may form Pak Desh teams to play against teams of other countries.

41. Culture Each Wing will set up cultural centers in the major cities of the other Wing to promote better understanding.

42. The feature films produced in one Wing will be shown in the other Wing, whether in original language, dubbed or with subtitles, to provide larger markets to their film industries.

43. Joint production of films will be encouraged with government subsidies.

44. The state-owned and private television channels of both Wings will be encouraged to exchange content and to produce it jointly.

45. The Government of both Wings will sponsor exchange visits of university teachers and students, journalists, writers, artists, etc.

46. The newspapers and magazines of a Wing may print facsimile editions in the other Wing to promote better understanding of their Wing, provided that the facsimile editions will not include local advertisements and news to avoid conflict with local publications.

47. Cooperation The two Wings will continue to explore possibilities of more cooperation and collaboration in all fields of common interest.

How to privatize DISCOs and reduce cost of electricity

2011-07-13T11:55:00.002+05:00

The privatization of electricity distribution companies (DISCOs) involves some basic questions. The answers to these questions will lead to an alternative proposal that will be quite innovative, will expedite the process of privatization and start bringing in proceeds immediately.

Some basic questions are:

a) Why does the Government want to privatize DISCOs in the first place?

b) Why should a foreign or local "strategic investor" be sought, and that too for not more than 26%? Some related questions are:

i) What will be the buyer’s interest and objective?

ii) What will be the likely consequences of the take-over by him?

iii) What will be its impact on the electricity users?)

Let us take up the questions one by one and try to find their answers.

The objectives of privatization There are two main reasons why the Government wants to privatize DISCOs. One objective is to make the DISCOs efficient companies so that they can not only meet the electricity needs of the country but also make the required investment on their own. Autonomy to the managers of DISCOs under the present system cannot solve the problems because a bureaucratic set-up cannot be turned into an efficient organization simply by giving it autonomy. Habits and culture of bureaucrats may not change even after they are told that they are now "autonomous" in their working, just as an elephant in the zoo will not walk away as a free animal even after its shackles are removed,.

The second objective of the Government is to get substantial funds through privatization. The Government expects to get tens of billions of rupees with the sale of the shares of DISCOs. Since such a huge amount may not be possible to get from our own businessmen or even through the domestic stock exchanges, the Government believes that it can do it only if some foreign investors offer to buy the DISCOs (even if only a portion).

The consequences of hand-over to a foreigner buyer What will be the consequences if 26 percent shares are sold to foreign strategic buyers and, at the same time, management is handed over to them? Obviously, the strategic investors will be primarily interested in making as much money as they can and in as short a period as possible. It is as simple as that. The interests of the customers will not be their primary concern. As a case in point, the privatization of Karachi Electric Supply Company (KESCO) was a disaster that caused great hardship to customers and highlighted the harm that foreign investors may cause.

Savings not to be passed on to users Foreign buyers will make strenuous efforts to improve operational efficiency. They will not hesitate even in downsizing the present personnel as much as they can to get maximum output per employee. They will also reduce expenses to the barest minimum level.

The improvements, however, will be entirely in their own interest. They will be extremely reluctant to pass on the benefits of efficiency and savings to consumers. The Government will be hardly able to force them to reduce rates and charges in the interest of consumers.

Higher rates for electricity Foreign buyers will do their best to charge as much as possible in order to maximize profit. If a buyer is from a country, which is a big world power, he will not hesitate in using his government’s influence. (What the international investors in independent power projects have been doing indicates what may well happen.) Our Government will not be able to resist the pressures. The increases in electricity rates in recent years provide a good example of the shape of things to come.

No new assets Foreign buyers will not be interested in making any investment that is not recovered with maximum profit. (The present management of KESCO failed to honor its commitments regarding investment.) It takes years to expand infrastructure, such as construction of new transmission lines and replacement of present ones. It will not be in a foreign buyer’s interest to make long-term investments if returns are not to come soon. If he finds that he can no longer make as much money as he did in the beginning, he will look for more profitable opportunities elsewhere in the world. All that he will have to do will be to sell his shares to some interested party or unload them at the domestic stock exchanges. In other words, he will take his money and run.

Little interest The reasons are not hard to find why foreign strategic investors may not be coming forth soon.

a) A proper and comprehensive evaluation of the assets and liabilities of DISCOSs is not available.

b) There are huge liabilities in the form of outstanding dues that DISCOs have been unable to recover from influential defaulters.

c) There are far too many employees to run the operations efficiently and economically.

d) The prospects for profitability are not rosy at present due to high cost of electricity.

The needs of the people The consumers want basic improvements immediately:

a) They expect better efficiency and service after the DISCOS are in private hands. And they want the savings in costs (most, if not all) to be passed on to them in the form of lower rates and charges.

b) They want increase in electric supply to meet fully present and future needs.

c) They want improvement and expansion in the network so that connections are available also in all villages, even if service in some areas has to be subsidized.

A foreign buyer will be hardly inclined to "waste" his money on doing any of these things, if he does not himself get the major benefit. Nor will he feel any compulsion to do so.

Local buyers as an alternative Local strategic buyers, if available, may have the same thinking as foreigners and try to make as much money as they can. However, they live in this country and cannot afford to annoy the people and the Government beyond a certain limit. They may also be expected to have some consideration of national interest. Therefore, they would be preferable to foreigners. However, the purchase of even the specified minimum ratio (26%) of shares of a DISCO, not to speak of all, will require a sum that a local investor may not have.

The local investors can, however, do it collectively if they agree to join hands in taking over DISCOs, hire professional management, and do not allow any one of them to dominate, if not oust, the others. This will be a tall order.

The third alternative When selling to foreign buyers is not in the national interest and local counterparts are not available, what should be the way out? Go to the people, as wise men say.

At present, the DISCOs have over 20 million customers in total. Why not offer the shares to all of them? Collectively, they may have enough purchasing power to buy all shares, in quarterly installments, if necessary. Of course, not all will get the same number of shares. Some of them may be able to buy just one share each, while others may be able to get big lots.

How to do it? The chief executive of every DISCO will issue a share to every connection holder in his area (for Rs 10 or 100) and include the amount in the next month’s electricity bill. There will be no need for a share certificate. The DISCO records will show that every consumer is a shareholder and a customer will have the electricity bill as proof.

To sell more shares, a DISCO will send a letter to all of its customers, offering its shares to them. The letter, in Urdu, may explain the benefits of buying DISCO shares and the procedure for purchase. It will bear the customer’s name, address and other identifying information as it appears on the monthly bill and will be attached with the bill. Thus, the offer letter will be delivered to every customer along with the bill.

At the bottom of the offer letter will be a form in which the subscriber will fill in the number of shares (in figures as well as words) that he wants to buy and enter the amount that he will pay. Then he will fold the self-addressed, postage paid letter and mail it. The DISCO will enter the payment in the next month’s bill. It may also confirm the sale of shares through a letter to the customer.

The DISCO will deposit the total amount collected through the sale of shares in the Government account with the State Bank towards the retirement of public debts because that is the primary objectives of the privatization.

Offer to be repeated The DISCOs will repeat the offer of shares to customers once every quarter or once every six months. This will facilitate purchases by small customers, who can buy shares from their savings only at intervals. A DISCO will also offer its shares to every new customer on approval of his new connection. As a result, the paid-up capital of every DISCO will continue to grow while simultaneously it will get additional interest-free funds to finance expansion and modernization.

No premium on shares The shares will be sold at face value and no premium will be charged. The reasoning is simple. The people own DISCOs, while the Government is only a representative of the people, or an attorney, so to speak, not the real owner. Therefore, the Government, being only a manager of DISCOs, cannot ask the people – the real owners – to pay any premium on shares.

Direct sale and purchase The sale and purchase of shares will be directly between a DISCO and its customers. If a customer wants to sell his shares, he will surrender his allotment letter against a receipt at the nearest DISCO revenue office or service center. The revenue office of the area, which issues monthly bills to the customers, will immediately give credit to the subscriber’s account for the value of the surrendered shares, while sending the allotment letter to the DISCO head office for cancellation of shares. The credit amount will then be adjusted in the monthly bill of the customer.

This arrangement will have a great benefit. The customer will get his payment for the shares while the DISCO will not have to strain its cash reserves.

Payment of dividends The payment of dividends will also be through credit in the monthly bill of the customer-shareholder. As soon as dividend is declared, whether interim or final, the amount will be credited directly to the bills of all customers-shareholders. The great advantage of this arrangement will be that the DISCO will not have to spend a huge amount on the preparation, issue and safe delivery of dividend vouchers to the customers. It will also save a similar amount on the payment of dividends through banks. The DISCO will have to neither deduct this extra expenditure from the total dividend amount nor add to the company’s normal expenses. In either case, the customers will be the beneficiaries.

Management The Chief Executive of a DISCO will be elected directly by the majority of total shareholders. Before election, every candidate will be required to submit to the shareholders his plan for improvement in operations and services. Every shareholder will have a single vote, irrespective of the number of shares held by him, to avoid dominance of the rich shareholders.

At the end of every quarter, the Chief Executive will submit his progress report, comparing achievements with his target, in a letter that will be attached with the next month’s bill of every customer. At the end of every 12 months, the Chief Executive will seek a vote of confidence from at least two-thirds of the shareholders. He may continue in office as long as he gets a vote of confidence. It will always keep him on his toes.

There will be no need for a Board of Directors as they turn out to be mostly parasites. (The Boards of Directors did little to stop the rot in PIA, Pakistan Steel and other public sector organizations.) However, the powers of the Chief Executive will be defined precisely. In all major matters, he will seek approval of customers through a referendum.

Benefits of being a customer as well as a shareholder A DISCO’s customers will benefit in several ways as its shareholders:

a) They will get the entire profit that accrues to their DISCO. After all, the profit will come from what they themselves pay to the DISCO through their monthly bills.

b) They will get the benefit in both ways: (i) higher dividends in case of profit due to efficiency in operations and reduction in expenditure and (ii) better services due to investment in infrastructure.

c) The ordinary operations and services will improve tremendously as the Chief Executive will keep the employees on their toes in removing complaints and problems. (Poor service will not get him vote of confidence next year.)

Main benefits The implementation of this proposal will have the following main benefits:

a) The process of privatization can be started immediately. There will be no need to spend time in making any preparations.

b) The privatization will be done on "as is" basis, without any need for any detailed studies or restructure.

c) In a unique situation, the shareholders will also be the customers of the DISCOs and will be the direct beneficiaries of both lower costs and higher profits.

d) Every DISCO will have the widest possible ownership base. No individual or group will become the majority shareholder. (In case of KESCO, we know what may happen if it occurs.) As a result, there will be no pressures to increase profits at the cost of the customers.

e) The capital base of the DISCO will continue to expand, allowing it to have interest-free funds to invest in the expansion of its infrastructure. In other words, the expansion and its financing will occur simultaneously.

f) The middle class investors will get an opportunity for a very safe and profitable investment.

g) Despite the huge volume of the DISCO shares, there will be no volatile effect on the stock exchanges because the shares will be sold and purchased directly by the DISCOs.

h) With the entire management being Pakistani, the security and protection of national interests will be ensured.

Reducing cost of electricity

The DISCOs, as buyers, will decide how much to pay for electricity, not the producers determining its price. In other words, DISCOs will decide what price to pay for electricity and to get supplies from which producers.

On the purchase side will be DISCOs: (Hyderabad, Quetta, Multan, Lahore, Gujranwala, Faisalabad, Islamabad, and Peshawar.) Add to them Karachi Electricity Supply Company, which may be asked to sell all its shares to its customers.

On the supply side will be: hydel power producer (WAPDA), thermal power producers, independent power producers, rental power plants, nuclear power plants, others. New power producers will emerge, with their own financial resources. The government will no longer have to allocate its limited resources for power generation, including large dams.

PEPCO will be disbanded because central control of purchase and distribution of electricity will no longer be required. (It is already on its way to abolition.) As a result, its agreements with power producers will be cancelled. (It will not be legally possible to impose present agreements on privatized DISCOs, which will now be public limited companies, owned by its customers.) NEPRA will also be abolished because it will no longer be able to impose its prices on DISCOs.

Consequently, power producers, both public and private, will have to negotiate directly with DISCOs and offer lowest possible prices. DISCOs will not sign long-term agreements because they will always switch to new producers that offer lower prices. Thus, the present producers will have to decrease their costs all the time so that they remain competitive. As lower prices become available, the expensive power producers will go out of business. National Transmission Dispatch Company will continue to get power from producers and transmit to DISCOs, in accordance with the agreements between the sellers and buyers.

Not subject to NEPRA decisions, new power producers will offer lowest prices to DISCOs. Hydel, wind, solar, coal and other alternative energy sources will flourish. The power plants running on very expensive furnace oil and scarce natural gas will seek cheaper energy or will have to be shut down. Chief executives of DISCOs, being answerable to customers-shareholders, will dare not accept higher prices from any supplier at the cost of lower prices available from others.

The suppliers will offer electricity to buyers at their lowest prices. The buyers will select suppliers and place orders with them, depending on price, convenience and other factors. A DISCO may persuade power producers to set up generation plants in its areas on mutually agreed terms.

Line losses A major cause of financial difficulties of DISCOs is line losses. The Chief Executive, under our plan, will formulate targets for reducing line losses to the absolute minimum. He will ensure that his field staff meets the quarterly targets, as he will face a vote of confidence after 12 months.

Power theft through various means will become impossible. If it occurs, the field staff will face the wrath of the bosses as well as the customers. Default in payments of bills, even by the powerful and government departments will also not be tolerated. A DISCO will not have any reason not to recover payments, as it will not be under political pressure. It will be answerable to its customers, not any government authority.

Conclusion The privatization in the past has been more beneficial to investors than the people, who are the real owners. The proposed method will give all benefits to the people, who will be consumers as well as shareholders. The same method may be adopted of Pakistan Telecom Company (PTC), whose customers can be made also shareholders for the shares still owned by the Government. The method of privatization will be a new model for other industries as well as for other countries.

Questions about Usama that have no valid answers so far

2011-05-25T12:17:00.002+05:00

The media have not raised so far several important questions about Usama bin Ladin, nor have Americans provided any evidence to give answers.

Let us take them up.

Did the American helicopters really come from Afghanistan?

Not at all. If they did, they would have been exposed within minutes. It never occurred to the great investigative minds in the media, here and abroad, that another radar system is also in place that covers every square kilometer of the country and never sleeps. (Air Force radars are fully active only when a war starts or a war-like situation arises. When Indians intended to raid Hafiz Saeed’s complex near Muridke in the aftermath of the Bombay attacks, they had to change their mind when they found that our planes were ready to hit back the moment Indians crossed the border.)

The air control system of civil aviation monitors all aircraft. Any plane or helicopter entering our territory has to submit its flight plan to get permission. Any intruder, such as a hijacked plane, is reported and air force jets scramble immediately. If American helicopters tried to go ahead without permission, our fighter planes would have forced them down to ground or back to their Bagram base.

The claim that the helicopters were not visible to radars is false. Even if the two HH-60 Pave Hawk helicopters were supposedly invisible Stealth type, what about the two CH-47 Chinooks that are always very much visible? (They helped in relief work after the earthquake in Azad Kashmir.)

The helicopters actually flew from the NATO base near Tarbela. From there, the distance to Abbottabad was less than 10 kms, only a few minutes away. After returning from Abbottabad, the helicopters flew to Bagram, as normal flights from NATO base to Bagram.

Najam Sethi, of Geo, reported the same night that helicopters flew from Tarbela. (If he cannot get facts from the Americans, nobody else can.) Sethi contradicted himself the next night, not because he was wrong but presumably, because the admission would have led to a shrill demand that NATO must be asked to leave Tarbela.)

Did the helicopters remain unnoticed during the operation?

No. It was just not possible. There were four helicopters, one pair for operation and another for backup. Their rotors were running all the time during the 40-minute operation. They made a lot of noise, even the Stealth type. Their lights were also shining in the moonless, pitch-dark night. The neighbors did notice them. So did the authorities, who are reported to have placed a security cordon immediately around the Usama house and asked people to stay away.

Could the U.S. stop the destruction of its helicopters by our air farce?

It is difficult to believe Obama’s claim that he had given "instructions to engage” PAF fighters, if attacked. It just seems to be an afterthought to shore up people's morale.

Usually two fighter planes scramble to engage intruders. Suppose our planes engaged the helicopters when they were close to Abbottabad and destroyed them. What could the 20 aircraft, including F-18 Hornets, supposed to be flying in Afghan space, do to stop our fighter planes? Even if they were able to destroy the two PAF fighters, the mission against Usama would have failed and Pakistan would have found it impossible to cooperate further with the U.S. in Afghanistan. The cost would have been too high for the U.S.

Were the U.S. helicopters really invisible to our radars?

If U.S. claims that its planes were ready in Afghanistan to engage our fighters, it proves that the helicopters were not invisible to radars and thus were vulnerable to attack.

In any case, American helicopters were not very invisible. According to Aviation Week, an authoritative publication on such matters,"… it is believed that a helicopter cannot yet be made as radar-stealthy as a fixed-wing airplane, as helicopters generally operate at low altitude and against ground clutter." (See http://www.aviationweek.com/aw/generic/story.jsp?channel=defense&id=news/awst/2011/05/09/AW_05_09_2011_p22-318890.xml&headline=null&next=10

Moreover, the claims of defense contractors (in this case of helicopter makers) are not always accurate. The manufacturer of Patriot missiles made a lot of propaganda about their effectiveness during the first invasion of Iraq in 1990. The reality later turned out to be quite different.

Meanwhile, is it not ironical that the country that could build a $60-million Stealth helicopter, did not find a pilot to operate it properly?

How long did Usama stay in Abbottabad?

There is no proof, no evidence whatsoever that the stay was for six years. The house was built six years ago but that does not mean Usama was the only occupant since then. Amal, Usama’s third wife, is reported to have said that the family lived there all those six years. CIA does not have even common sense, not to speak of intelligence, if it believes that she was telling the truth. (Incidentally, to cover the earlier period, she also said that the family stayed for over 2½ years in a village near Haripur, when no villager saw any stranger living there during that period.)

CIA has no idea how shrewd women are in this part of the world. A police party raided the home of a wanted criminal in a remote village. To get him time to escape, his wife took off her clothes, sat under a hand pump in the courtyard and shouted, “Don’t enter the door. I am taking a bath.” By the time her “bath” was over, the husband had run away from the back of the house.

If Usama’s wife had said that the family had been there only for a few months, there would have been incessant questions about all of earlier stays. Giving the details of all previous stays truthfully would have exposed al-Qaida supporters all the way. Does it make sense that she would betray her husband’s faithful followers?

It is also inconceivable that Usama could depend entirely on a single courier to run his organization for so many years. Suppose he was killed in an accident, was abducted or was arrested for some reason. How could Usama find someone to replace him? Advertise in newspapers? (Incidentally, CIA now recruits agents through newspaper advertisements.)

CIA is quite dumb to insist that Usama stayed so long in Abbottabad without providing any supporting evidence. Blaming us for his “long stay” is sheer bullying.

Was it not possible for Usama to have Internet and mobile phone?

Singapore Computer Bureau prepared a database for motor vehicles about 20 years ago. The bureau head explained proudly to a visitor that the entire data was now available to investigate theft and other crimes. “How do you access the data?” the visitor asked. “By entering the license plate number,” he replied. “What if the plate had a fake number?” The head was speechless. It had never occurred to him that fake plates were quite common and data should be accessible also by entering chassis number, engine number, etc.

CIA experts are no better. If somebody bought a laptop, got a wireless Internet connection and, after passing through several hands, the computer ended up with Usama, how could they find out the ultimate user? Similarly, somebody in a faraway place could buy mobile SIMs, which are dime a dozen, activate them and pass on to Usama. Usama could use a SIM just once and then destroy it. How could CIA locate him?

The story about Usama’s courier having been traced through a mobile phone does not make sense. He could not be stupid enough to use a SIM more than once and that too in Abbottabad.

Even if Arabic phone calls were recorded, CIA could not have made much use of them. The U.S. agencies already have phone call recordings of hundreds of thousands of hours in the languages of our region, waiting to be transcribed (to be done only by U.S. citizens for security reasons). By the time, their transcription is completed, all al-Qaida agents would have died natural death.

It is also astonishing that Americans could not locate a satellite dish receiver in the Usama house that was getting Arabic channels most of the time. There could not be many such dishes in Abbottabad, or even the entire country. When the U.S. National Security Agency claims to tap even a landline phone anywhere in the world, what was so difficult in following a digital signal from a satellite to a receiver? Even the satellite with most Arabic channels, Arabsat, was quite well-known.

Was Usama really killed in Abbottabad?

It was quite possible to immobilize Usama with a stun gun or something else, arrest him and take him away. It may well have happened, at least for some time, though he would have to be killed quite soon, as nothing remains secret in the U.S. for long.. (Iranian President says that Usama was alive “for some time.”) Americans certainly needed Usama to know all about his organization and plans. (That was why they left his wives and children behind, who were the next best source of information.)

So far, the U.S. has not provided incontrovertible evidence to prove his death. It was not difficult to get a lookalike, kill him and disfigure his face to make it difficult to identify him clearly.

Secrecy leads to doubts and suspicions. Questions about the final hour of Usama will always remain there. The live video feed from the Abbottabad operation to CIA headquarters and then to the White House could also be given to CNN for the whole world to watch. There would have been still many ifs and buts but most people would have been satisfied about the authenticity of the operation.

There is, however, no doubt that Usama was very much there with his family because it is inconceivable that he would leave them unprotected, without his own reliable guards being present. He would have allowed his wives and children to go to his home country if he believed they were not safe with him. Most probably, he believed he would be soon on his way to Yemen along with his family (as I suggested in my earlier article, “Usama’s plan that went awry” (see below).

Usama’s plan that went awry -- A scenario

2011-05-08T19:57:00.002+05:00

Time had come for Usama bin Ladin to decide his future course. The Taliban were no longer likely to return to power, nor were Americans able to have a military victory. If they failed, the Americans could go for Plan B: withdraw combat troops but leave substantial force (as in Germany, Japan and Korea) in the newly built bases around Afghanistan. He could no longer remain safe in Afghanistan, nor could he move to Pakistan because he did not foresee a sympathetic government there in near future.

Where could then he go to live? Chechnya was no longer a choice because the Russians had overwhelmed the liberation movement. Moreover, the land journey would be hazardous, with Russian informers crawling all over the land and Americans watching from the sky. Somalia had his followers but there was no government with effective control to protect him. Sudan would be better but it might ask him to leave any time under the U.S. and Saudi pressure, as it did in 1996.

Yemen was the best bet. As it was the country of his father, he could expect full loyalty and protection from his tribe. President Ali Abdullah Saleh was an American stooge but not strong enough to make life difficult for him. His departure could make things better. Al-Qaeda was already quite active there.

Moreover, he could operate through his followers in Saudi Arabia, where his war against the Americans started in the first place. He could also get financial support from sympathizers in Saudi Arabia and elsewhere in the Gulf. Communication with his men would be quite easy, even if through couriers.

How could he get to Yemen? He could not charter a plane on his own, as he did while coming to Afghanistan, and the sea route would be quite visible to American satellites. He needed help and he could get it only from Pakistan, where Islamic brotherhood was very strong. He decided to approach Inter Service Intelligence.

The process took quite some time. In intelligence operations, nobody takes anything on its face value and suspicion prevails for long before some trust can develop. It would take time and verification at every step before trusting couriers and middlemen. Then there were various levels on both sides. After months of negotiations, with couriers and cut-off contacts taking messages back and forth, the ISI finally agreed to bring Usama from his hideout in Afghanistan to a safe place.

Elaborate logistical arrangements had to be made. Usama’s large entourage, including bodyguards, just could not accompany him, to avoid exposure. Nor could he take any arms with him, as ISI was going to protect him. There was a secluded and secure house in Bilal Town, Abbottabad, where al-Qaeda people would stay for some time before moving on, under watchful eyes of ISI. The house was vacated and Usama, along with his closest family members, was brought in complete secrecy early this year.

The promise to Usama was to help him in going to Yemen. It was easier said than done. Then there were other issues. All possibilities and options were discussed in detail at the highest level:

a) Keep Usama alive, hidden somewhere. Why? We shall have to protect him all the time. If exposed, as it would happen inevitably, how could we explain to the world that we harbored him? Americans would be very furious. We would end up losing a lot but gaining nothing.

b) Send him off in a chartered plane. Taking him through the Islamabad airport would be very hazardous, even if a foreign carrier was used. In July 1970, Henry Kissinger flew to Beijing from there. Despite strict secrecy, the Pakistani stringer for The Daily Telegraph, London, while strolling at the airport, found out about it and immediately filed a report. (It was another story that his editors, too incredulous to believe him, spiked the biggest scoop of the decade.) Anybody could alert Americans to get the reward. Moreover, a chartered plane flying to Yemen will raise eyebrows: what would it be carrying as cargo or passengers? (We do not have much trade or relations with that country.)

c) How about using a military plane? It may be easier at this end but anything could happen at Sana’a. After recognizing him, the security personnel there would be keen to hand him over to Americans.

d) Why not announce his capture? We may get praise worldwide but Americans would be very unhappy. Denying them something to gloat about would mean trouble.

e) Why not just kill him? It would enrage most Muslims worldwide, especially in our own country. Wherever we buried him would become a holy shrine. The result will be much more violence and hatred against us for a long time. Call of revenge from his supporters here and abroad will mean unending trouble.

None of the options turned out to be attractive. Then, why not bargain with the Americans? (Usama was, after all, not a friend of Pakistan. In fact, we would have been much better off if he had left Afghanistan immediately after 9/11.) They would be ecstatic. In return, we could gain a lot.

The final decision was to offer him to Americans. They were told, “We have got him. How do you want him, dead or alive?” They jumped with joy.

“What will be in it for us?” we asked.

“Anything you want,” they assured.

A deal was struck. The U.S. agreed to most of our terms. The agreement is secret for the time being but developments in near future would be in accordance with it. Some of our major problems will be solved with American help, such as political and economic chaos, internal terrorism, Indian role in Kashmir and Afghanistan. If Americans do not betray us, that is.

Americans asked only for the glory of getting Usama in their own way. That would be fine with us because it would allow us to deny any involvement in the operation and avoid backlash from our own people and Muslims elsewhere. (If the operation were to be in an army town deep in the country, every sensible person would understand that it would have been impossible without our full support.) There would be sharp criticism against us in the U.S. and elsewhere, and doubts would be raised here and abroad about our capability. We can live with it. In such situations, silence is golden.

A unit of Navy SEAL practiced a raid on a house built in the U.S., similar to one in which Usama was living. SEAL (SEa, Air, Land) is a force of the U.S. Navy for special missions. It was chosen for a special reason. President Obama did not want to involve any army unit in Afghanistan because that would have allowed Gen. David Petraeus to take credit. (Petraeus has ambition to become the Republican candidate against Obama in presidential election next year.)

Despite much preparation, Americans lost a helicopter due to mechanical failure. If they had somehow lost the other one too, they would have asked us to rescue them and take them back to their base. So much for the capability of the biggest military machine in the world.

Finally, the U.S. had its day. It did what it does best: defeating a defenseless enemy. (America has never attacked any country that had even a minimal ability to hit back. It invaded Iraq and Afghanistan but will never attack Iran or North Korea.)

Usama’s time was over. After some daring acts in the early days, his people, after 9/11, only provided excuses to Americans to cause immense harm to Muslims, especially us, while, under an unholy understanding, not exploding even a cracker in the U.S. itself so that it does not hunt him vigorously. Usama is a hero to the enemies of America but a villain to those who suffered because of him.

Rather than facing death as a valiant mujahid, Usama decided to run away from it. Instead of a final open clash with Americans at a place of his choice, with world cameras recording his last glorious moments, he wanted to leave secretly for Yemen. He wanted to go across the Arabian Sea to save his life but, as the luck would have it, ended up at its bottom.

2010-11-11T18:34:00.002+05:00

Nonfiction Ebooks from eLibrary - Open Ebooks Directory
Electronical Books in PDF.

2010-11-11T18:13:00.001+05:00

Add your eBooks for free Free for addition of one's own e-books.
Electronical Books in PDF.

Urdu book, offering a plan for eradication of poverty

2009-12-19T17:31:00.002+05:00

DEATH: Of death and its celebration

2005-10-31T17:01:00.000+05:00

Once again we have to celebrate death. And because of its massive scale, it has to be a big celebration, as a Farsi phrase says. (“Marg-i anboh jashn darad.”)
When our greatest leader died in 1948, we started celebrating his anniversary on September 11. Ten years earlier, we started it on April 21 when our national poet died in 1938. In fact, we have always been celebrating death. Take our saints, who are closest to our people. The annual urs (anniversary) is always on the date of death. Our history books give dates of death for everybody but often put a question mark after the date of birth.
The reason is not our fascination with death. Actually, we know only dates of death for sure. We seldom know the accurate date of birth because, until a century or so ago, there was never any legal requirement to register a birth and parents did not care. (They had no reason to believe that their child would become somebody important some day.) So, the day of leaving this world was known with more certainty than the day of coming into it.
Some years ago, we decided that celebrating the birth of our heroes was more important than their death. So, the celebration (and the holidays) on the death anniversaries of Jinnah and Iqbal were shifted to their birth anniversaries.
After having stopped celebrating the death anniversary of our Quaid, September 11 gradually faded in our minds. Then the Americans hammered it into our brains. They also forced on us the way they write dates, at least in this case.
The British, our colonial masters, taught us to write the day and then the month, such as 11 September or 11/9. We obeyed but their rebel cousins across the Atlantic did not. They also added a knack for abbreviations. So, they had “September 11, 2001” and then turned it to just “9/11.”
Now, if we follow the American practice, we should remember not the “Earthquake of 2005” but simply the “Kashmir Quake 10/08.” Unfortunately, most of our people are not Americanized enough and will end up believing that the date was “10 August.” So, we shall have to make it “8/10.” That will also link it with “9/11” by deducting 1 from 9 and 1 from 11. “8/10” is also already familiar for us because it is a common way to indicate a quantity that is more or less 10.
But we shall not be able to keep up with the perennial American mourning. Death is a fact of life for us, simply the end of our journey that began with birth. Once we have buried the dead, treated the injured and provided shelter to the homeless, we shall return to normal life. Then “Kashmir Quake 8/10” will be only for the history books. We celebrate death as a change of phase, not as the end of the world.

CURRENCY: Demonetization of five-rupee note is illegal

2005-06-29T13:18:00.000+05:00

The demonetization of five-rupee currency notes by the State Bank is illegal and must be withdrawn immediately.
Look closely at any note of five to 1000 rupees. It bears a solemn commitment of the State Bank Governor that he will pay to the bearer on demand the face value of the note in rupees. The commitment does not say that it is valid up to a certain date. It does not say that the Governor may back out under certain conditions and refuse to pay the face value. And it also does not allow the Governor to change his mind whenever he wishes. It is a commitment for all times and without any conditions whatsoever.
The State Bank may withdraw from circulation any notes but it cannot fix any date for it. All that it can do is to ask the banks not to reissue any note that it wants to withdraw. The banks must continue to accept the withdrawn notes for payment or exchange whenever presented to them.
From practical point of view, the State Bank has not ensured that every single person in the country, as well as outside, is aware of the withdrawal of five-rupee note. Issuing a news release of a few lines is not enough at all. (It has not given even a single ad.) A single-column, three-line news in newspapers or a sentence in radio and television news bulletins by no means reaches the entire 150 million people of the country. The message does not reach everybody even in the cities, not to speak of the remote villages. The State Bank notification is not a law that everybody is supposed to know.
The consequence of the demonetization will be that the State Bank will be usurping, by its own calculation, literally billions of rupees of the citizens. It is depriving them of their money arbitrarily, something like a daylight robbery. Not even the Government can do it. No law gives this right to the State Bank. Why should a citizen lose his money simply because the State Bank has issued a notification?
After July 1, any person still holding a five-rupee note will have a perfect right under the law to sue the State Bank. Some lawyers may also file a class action suit, compelling the State Bank not only to pay the face value of the outstanding five-rupee currency notes but also damages for causing unnecessary harassment and worry.
Before it comes to that, the State Bank must ask all branches of all banks to continue to exchange the withdrawn five-rupee notes with other notes and then give these notes to it in the normal way.

ELECTIONS: Democracy within walking distance

2005-06-23T13:16:00.000+05:00

How can we ensure highest turnout of voters in elections? Simple. Set up polling stations within a walking distance.
For the 2002 elections, Election Commission set up 88,554 polling stations, with 164,377 polling booths. It intended to have about 150,000 polling stations, according to some press reports, but could not meet the target due to administrative and logistical problems.
The ideal figure of polling stations for the coming Local Government elections will be 215,000. For a total population of 150 millions, the average population per polling station will come to 700, giving a range of as low as 500 and as high as 1000. It will mean a very short distance for all voters. Every village will have at least one polling station to avoid travel to another village.
To save expenses, every polling station may have just one polling booth. If women do not want to vote with men at some places, they may vote in batches. It will not cause any delay because the number of voters per polling station will not be much.
The benefits of having 215,000 polling stations will be many:
a) The transport of voters is 60-80% of a candidate’s election expenses. It will be eliminated entirely as no voter will need any transport.
b) The voter turnout will increase tremendously as all of them, especially women and old people, will find it convenient to vote.
c) The counting of votes will take much less time because their number at every polling station will be very small.
d) By spending a little extra money on polling stations, the Government will effectively take the big money out of the elections.
If both the Government and the Election Commission commit themselves publicly and right now to having 215,000 polling stations, they will be ensuring highest voter turnout. The experience may be put to good use in 2007 general elections.
We talk of justice at the doorstep. Let us have democracy within walking distance.

JUSTICE: How to expedite criminal cases

2005-05-17T13:13:00.000+05:00

Here is a proposal to clear the huge number of pending criminal cases in lower courts and eliminate the long delays in their investigations. These are collectively the two major causes for delay in justice.
The criminal cases pending in the lower courts are far beyond the capacity of the present number of judges. Considering the costs of new buildings, furniture and fittings, court staff, office equipment and other expenses, the Government may never be able to provide enough new courts to clear the present backlog and avoid it in future. The delay in police investigation of criminal cases is another major cause for delay in justice.
To solve the two problems, we should create posts of Mobile Judges in every District. In principle, there may be a Mobile Judge in every Union area. There may be one judge for two or more Unions if the crime is low and more than one judge in a single Union with a high crime rate, especially in urban areas. A Mobile Judge must reside in his area of jurisdiction for easy access to the crime scenes.
The District Judge may allocate the present pending criminal cases of minor nature to the Mobile Judges for on the spot hearings. That will clear the backlog. In future, a Mobile Judge, on hearing about any new crime, will immediately visit the crime scene, inspect it and note his observations. Then he will hold an open court in the relevant Union Council office or some other neutral place. He will record statements of the complainant, the witnesses, the accused and all other relevant persons. He may complete the hearing of a case in a day or two. He can then move on to the next crime spot. He will not wait for the FIR of the police to start his work. Instead, he will get information about a crime from any source – the complainant or any other person. If the police has already arrested him, the judge may take the statement of any accused in the police station.
In cases involving maximum imprisonment of less than three years or a fine of Rs 100,000, the Mobile Judge will announce his judgment on the spot. He will then send the file to the District Judge to deal with appeals, if any. The police investigation may be necessary only if the Mobile Judge is unable to decide a case due to lack of sufficient evidence. He may hear the case again after receiving the police report.
In cases involving imprisonment of more than three years or a fine of more than Rs 100,000, the Mobile Judge will only send his investigation report to the District Judge, not pronounce a judgment. In such cases, he will also scrutinize the police investigation report to see that there are no lacunae and may require the police to meet the deficiencies.
The hearing of such a case in the district courts will start after the District Judge receives both the Mobile Judge report and the police challan. If there are discrepancies, the District Judge may ask them for clarification and resolution of differences. The preliminary proceedings having been already completed, the formal hearing of the case by a criminal judge will be easier and shorter.

Terms of service. The Mobile Judges will be selected from experienced local lawyers (who are qualified to be appointed as judges) or from retired judges. Newly recruited judges may also request to be appointed as Mobile Judges after serving for at least three to five years directly under the District Judge to have sufficient experience of the procedures. However, such a judge will have to resign his post as a permanent judge to be appointed as a Mobile Judge.
The appointment of a Mobile Judge will be on contract, renewable every three years. The Mobile Judge will be paid a lump sum that will cover everything, including his salary, house rent, all other allowances and facilities, lease payments for a vehicle, fuel and maintenance of the vehicle, salaries for his staff and TA/DA. As the judge will be always mobile, there will be no need for any courtroom for him. He may be transferred to any other place but only within the same district and only after completing at least five years at a place. There will be no transfer on complaints. If there are serious complaints of violating the law and procedure, showing deliberate bias, corruption or inefficiency, the District Judge may report to the High Court and recommend cancellation of his contract, rather than mere transfer.
The advantages of contract appointments will be as follows:
a) It will be easy to get rid of a Mobile Judge if he is inefficient or corrupt.
b) The Mobile Judge will hire and fire his own staff and be fully responsible for their performance and behavior.

The proposed arrangement will
a) clear the present backlog of pending criminal cases in the lower courts,
b) eliminate the accumulation of pending cases in future,
c) expedite hearing of cases involving minor crimes,
d) reduce the huge burden on the lower courts, and
e) cause a huge reduction in the cost of justice.

GOVT: What the UK election means for Pakistan

2005-05-16T20:31:00.000+05:00

The U.K. election in early May provides the strongest possible case against the parliamentary system of government. As the results indicate, the system violates democratic principles, does not ensure a stable government, does not reflect the will of the majority and discriminates against the smaller parties. Let us see what happened:
a) Labor Party got 356 seats against 197 of the Conservative Party, though it got only 3% more votes. This travesty happened because of the principle of “first past the post.” The principle allows a candidate to be the winner if he gets more votes than the others, even if he is ahead of all other candidates by only a few votes. He is not required to represent the majority of the voters in the constituency.
b) Labor Party got 35.2% of the votes that were cast, compared with 32.3% for the Conservative Party and 22.0% for the Liberal Democratic Party. If every party had been given seats in proportion to its votes, either of the two major parties must have been forced to have a coalition with the other or with Liberal Democrats. It would have just not been possible for the Labor to have “the historic third term.”
c) Labor Party got 9,556,183 votes in total. That was only about 16% of the total population of U.K. With such a small share of votes, how can the party claim to be the representative of the whole country?
d) A very small party, Independent Kidderminster Hospital and Health Concern, won a seat in Parliament with just 18,739 votes. By contrast, several bigger parties, such as UK Independence Party (618,898), Green Party (257,758) and British National Party (192,850), did not get a single seat, despite getting far more votes. This was unfair to the voters, who supported these parties.
e) The votes cast were 61.3% of the total registered voters in the country. The Labor got 32.3% of these votes. That comes to a little more than 20% of the total registered votes. Therefore, the party does not represent the majority of even the registered voters, not to speak of the whole population.
f) The day after the election, Prime Minister Tony Blair came under pressure to resign. As his party’s majority came down from 161 to 67, it was considered his defeat. The news media, the opposition and even the Labor backbenchers called for his resignation. If he refuses to oblige, he will not have authority and credibility during his entire term. Under the parliamentary system, he does not have a fixed term. Therefore, he can be asked to resign any time. If he does not, he will always remain under cloud and will not be able to govern effectively despite having won the election. Nothing can be a worse handicap for a head of the government. By contrast, nobody doubts that President Bush will complete his full term, even though his election was very doubtful both times.
g) There is a very intriguing sidelight to the election. Just before the polling day, somebody explained on CNN that the bookies were using a majority of 67 seats as the basis for accepting bets. Any seat more or less will mean a gain or loss for the bets. The Labor got precisely that number! What does it mean?
i. Did the bookies know better than the politicians and the pollsters about the results?
ii. Were the elections “engineered” to suit the bookies?
iii. Should the bookies, not the voters, decide who should come into power?
If this is the situation in “the mother of parliamentary system,” it can only be worse in our country, even if we have angels to hold elections. No wonder, the parliamentary system prevails only in the former British colonies and only because of the slave mentality of their politicians.
We have suffered tremendously under the parliamentary system. There has always been a conflict between the head of the state (Governor General or President) and the head of the government (Prime Minister), with both trying to dominate each other. The Prime Minsiter has always been subject to blackmail by the MNAs of his own party. Most of the ministers have always been unsuitable for their jobs. Horse-trading has been the normal practice. No political party that came into power since 1988 got more than 10 million votes (in a country of 150 millions). Now, no party is able to get a majority on its own, condemning us forever to unstable coalitions.
The lessons for us are obvious:
a) We must have the presidential system, under which the President gets more than 50% of the votes in a direct election and serves for a single term of seven years. (He must have majority’s mandate and enough time to implement his policies, without worrying about re-election.)
b) The seats in National and Provincial Assemblies should be given to political parties in proportion to the votes that they get. (The parties should truly represent the people.)
The future of our country and the welfare of our people are far more important than sticking to a system that is a relic of the colonial rule and does not work even in the home country.

KASHMIR: A solution of Kashmir issue

2005-04-19T13:05:00.001+05:00

By Muhammad Abd al-Hameed

Unlike the common perception, Pakistan and India can go a long way towards solving the Kashmir issue without any changes in their stated positions. They only need coordination in taking certain steps in the part of the state that is under each side’s control.

The first step towards the solution of the issue will have to be the withdrawal of all military and paramilitary forces from the whole of the Jammu and Kashmir state. (I advocated it in early 1997 in my article, “A way out on Kashmir.”) The two countries can take this step on their own without any legal or political hurdles. India will be withdrawing forces from what it claims to be its own territory. Pakistan will be doing the same at the request of the Muzaffarabad-based Azad (Free) Government of Jammu and Kashmir, which controls the other side of the state that is legally not a part of Pakistan.

The withdrawal of military and paramilitary forces from both parts will have to be simultaneous. The U.N. military observers that are in the state to supervise the cease-fire that took place in 1949 under a U.N. Security Council resolution may monitor the withdrawal of forces. To meet the need, the Security Council may increase the number of observers. After the withdrawal, all U.N. observers may be moved from the Line of Control to the entry points of Jammu and Kashmir with Pakistan and India to ensure that military or armed personnel from either country do not enter the state.

When the withdrawal starts, all sides will appeal to the militants in Jammu and Kashmir to surrender their arms and return to their homes. All of them should be given general amnesty. In any case, no cause will be left for them after the Indian armed forces leave the state.

Unilateral steps. After all military and paramilitary forces leave the whole of the state, Pakistan and India will take several steps simultaneously, but independently of each other, to remove internal tensions and create calmness. Again, there will be no difficulty because each side will be taking action in the territory already under its own control.

India will impose “the President’s rule,” under which the state government in Srinagar will be dissolved and the Governor will run the affairs. In addition, all political parties will be disbanded and all political activities will be banned, including processions and public meetings. Pakistan will take similar actions simultaneously in the territory under its control.

For the territory under its control, India will appoint a new Governor, who belongs to the state, has no political background and is respected by most people for his integrity, honesty and fairness. He will have a small group of technocrats as his non-political advisers to run the affairs for the next five years.

The administration on either side of the state will set up offices in both India and Pakistan to issue permits to persons or their children, who had to leave their homes at any time after August 1947, to return on production of evidence that they themselves, their parents or grandparents had been permanent residents of Jammu and Kashmir.
The state government will, on priority basis,
a) rehabilitate persons and families that suffered violence,
b) pay compensation to the victims of violence and destruction,
c) revive business, industry and agriculture to create jobs,
d) resettle all persons and families who had to leave their homes,
e) repair electricity, roads, communications and other infrastructure,
f) improve health, education and other services.

Every adult person in either part of the state will be issued an identity card, with his name, name of father/husband, date of birth, identification mark on the body and the residential address. “Jammu and Kashmir” will be added at the end of the address. There will be no mention of any government on the card to avoid any legal complications.

The National Database and Registration Authority, or NADRA, is already issuing national identity cards to Pakistani citizens and has the necessary infrastructure in place with most sophisticated facilities. It may be asked to set up offices in all parts of Jammu and Kashmir to issue computerized identity cards. (India does not have a similarly elaborate system because it does not issue national identity cards to its citizens.)

The travel within Jammu and Kashmir will be free of any restrictions, with the Line of Control turned into a soft border. The only requirement will be to show the identity card as a proof that a person has not come from outside the state. The residents of all parts of Jammu and Kashmir will use the identity cards to travel to Pakistan or India. If a resident wants to travel to a third country, he will get a passport from authorities in Pakistan or India. Instead of indicating his nationality, his passport will merely show that the holder is a resident of Jammu and Kashmir.
To enter any part of the state or cross the Line of Control, the citizens of Pakistan and India will get permits from any of the state’s offices in each country. Easy entry of citizens of Pakistan and India as tourists will help revive the economy of the state. The nationals of all other countries arriving in Pakistan or India on valid passports will not need a permit to enter the state.

There will be a cooling-off period after the withdrawal of all military, paramilitary and armed personnel, with no political activity anywhere in Jammu and Kashmir. The local police will maintain the law and order. No side will allow any violence of any type. All efforts will be concentrated on rehabilitation and reconstruction, as the people pick up the thread of their lives. Tourists will start coming back, reviving the businesses that used to serve them. Pakistan and India will provide all possible assistance to the territory of the state under their control.

As a major step forward, India will withdraw all constitutional amendments, laws, rules and other steps taken against the letter and spirit of Article 370 of the Constitution of India that gives a special status to Jammu and Kashmir. Pakistan will also withdraw all legal and other measures that it took against the letter and spirit of its original arrangement with the Azad Government of Jammu and Kashmir. In other words, Parliaments of both Pakistan and India will restore the autonomy of the state.

Joint Council. So far, as pointed out earlier, Pakistan and India will not need to change their stated positions. India may continue to claim that the whole of the state belongs to it while Pakistan may continue to demand a plebiscite in the whole of the state. Now they will need to collaborate with each other for a solution.

Under the original arrangement, India was supposed to control defense, foreign affairs, currency and telecommunications of the part of Jammu and Kashmir that came under its control. Similarly, Pakistan was responsible for these matters of Azad Kashmir.
Since each country considers the whole of Jammu and Kashmir as a single state, their present responsibilities to the respective areas under their control should logically extend to the whole of the state. For example, if India is responsible for the defense of the area at present under its control, it will have no objection to carrying out the same responsibility also for the area under the control of Pakistan. The same will apply to foreign affairs, currency and telecommunications. Similarly, Pakistan will also have no problem in extending its responsibilities to the whole of the state.

As a logical consequence, the two countries will form a Joint Council on Jammu and Kashmir for carrying out jointly their responsibilities on the four subjects. The Council will have two representatives each of the Governments of Pakistan and India. It will take all decisions with consensus. If a consensus is not possible, the members will refer the matter to their Governments for resolution.

There will be few problems for the Joint Council to resolve. There is no possibility of an attack from any other country neighboring Jammu and Kashmir. Even if an attack does take place, both Pakistan and India will respond collectively. Agreements for foreign investment or aid will need prior approval of the Joint Council.

The people of the state may use the currency of both countries. It will not cause any problem. Pakistani currency is already in wide use in Afghanistan and that of India in Nepal. Similarly, the state may have telecommunications links with both Pakistan and India. The imports and exports of the state will pass through either of the two countries. Both countries will provide financial and other assistance.

Election of a single Assembly. The real changes will start at the end of the five-year cooling period. Elections will be held for a single Assembly for the whole of Jammu and Kashmir. The database of identity cards with NADRA will provide the voter lists for the whole of the state. Work will start in both parts on the delimitation of constituencies for elections. The size of the constituencies will be uniform on both sides. Any person registered as a voter will be eligible to stand as a candidate.

The ban on political parties will continue to avoid bitterness, clashes and tensions that the existence of political parties inevitably causes. Every candidate will contest in his personal capacity and concentrate on the local issues and on his ability to represent his people. The ban on public meetings and processions will also continue, with only door-to-door canvassing allowed. The objective will be to avoid any political tensions in the state that may create law and order problems. While the local authorities hold the elections, the U.N. and other international observers will monitor the polling.

The Jammu and Kashmir Assembly will meet in Srinagar. It will elect a resident of the state as the new Governor. He will have to get the votes of two-thirds of the members of the Assembly from each side of the state. The Governments of Pakistan and India will endorse the election and accept the Governor as the representative of the whole of the state.

Since there will be no political parties in the Assembly, there will be no division of the house into the majority party and the opposition. The house will take decisions on all matters collectively. Consequently, there will no need for a Chief Minister and the Governor will also be the chief executive of the state.

Options. The newly elected Jammu and Kashmir Assembly will reflect the wishes of the people of the state. The members will represent their constituencies and will not be under the control of any political party, Pakistan, or India. The Assembly will integrate the two parts of the state and abolish the Line of Control.

It will also pass a resolution, demanding that Pakistan and India hold discussions to formulate options for the future status of Jammu and Kashmir. The possible options for the future status of the state may include:
a) accession to Pakistan or India,
b) continuation of joint control by Pakistan and India through the Joint Council for another five years,
c) U.N. mandate for five years.

The two countries will send their options jointly to the Assembly. The Assembly may approve any of the options with at least 2/3 majority or decide to hold a referendum in the state. Both Pakistan and India will accept whatever decision the Assembly takes.

An important point must not be ignored. If the Jammu and Kashmir state decides that it does not want to have any links with India, it will not be construed to mean the separation of a part of the country. The Government of India may maintain with justification that the state was not a part of the country to begin with when it got independence from the British. The state had not acceded to India by then, unlike all other states that formed a part of India. The accession was to be decided by the people of the state. If the people finally decided not to accede to India, it was their choice under the original arrangement. No other part of India could claim it as a precedent to separate from the country because that will be an attempt against the integrity of the country. Therefore, the resolution of the Kashmir issue will not have any effect on the integrity and internal political conditions of India.

October 30, 2004
If you want a clear and large map of Jammu and Kashmir, go to
http://www.un.org/Depts/Cartographic/map/dpko/unmogip.pdf
Enlarge the image in the Adobe Reader to 150% or more for easier reading of place names and geographical features.

KASHMIR: A way out in Kashmir

2005-04-19T12:53:00.000+05:00

July 9, 1997
In early June 1998, I circulated the following proposal on Kashmir. On June 28, The New York Times wrote an editorial, “The Kashmir Tinderbox,” supporting the main theme of my proposal. The following portion of the editorial is relevant:
“As proposed by independent experts, the first priority would be to end violence and begin disarming Kashmir rebels and Indian forces while Pakistan withdraws its support for the insurrection. Kashmir should itself move toward more autonomy, if not outright independence. Ultimately, some political relationship with both India and Pakistan could be negotiated along the lines of the recent agreement in Northern Ireland. Another essential ingredient would be a pullback by Indian and Pakistani forces on the border, a cease-fire and exchange of military information between the two countries.”

A WAY OUT ON KASHMIR
By Muhammad Abd al-Hameed

After the nuclear tests by India, and then Pakistan, the tension between the two countries has increased to a flashpoint. The Kashmir issue brought the two neighbors to war in the past and is the only one that can take them to a nuclear holocaust. The following proposal offers a way out to remove immediately the possibility of war between them without forcing either of them to change its position on the Kashmir issue. The final and permanent solution of the problem can wait for suitable conditions.

The Kashmir issue can be moved out of the way without actually reaching a “final settlement.”
Let us not get bogged down in the background of the issue. Books have been written on the partition plan for the British India, the accession of Jammu and Kashmir, the UN resolutions on plebiscite, the omissions and commissions of India and Pakistan over the years, and the sufferings of the Kashmiris themselves. But no analysis of the ifs and buts of history can change on its own the realities on the ground.

The main ground reality is that the Kashmir issue has blocked the way to peace and prosperity for Pakistan and India. With the two armies facing each other eyeball to eyeball across the cease-fire line, a war can start any time, even if only due to some misunderstanding or miscalculation, as it happened in 1965. Even if there is no likelihood of another war in the near future, the deployment of the armies in itself has already cost many times as much over the years. The financial burden is crushing both sides, made worse by the enormous logistical problems due to the difficult terrain of Kashmir.

The dilemma for the politicians. The politicians in both countries have been unable to move forward. Not because they don’t want to. They do want to save the large amounts being spent every year on the so-called defense. But they would love to have a plan that they can sell to their own people. So far, they have not been provided one. The best and the brightest brains in both countries and elsewhere have been concentrating either on the merits and justification of the stand taken by one side or, in a futile attempt, have been trying to find a common ground between the diametrically opposite points of view. Pakistan has been demanding that the UN resolutions on plebiscite in Kashmir be implemented, in the belief that it will ultimately lead to the accession of the state to it. India claims that the accession is no longer an open issue and, in fact, the whole of Jammu and Kashmir now belongs to it. Sometimes, however, India does show willingness to “give-and-take” along the cease-fire line but Pakistan sees no benefit in turning the status quo into a permanent settlement, even with some favorable adjustments. Then there are the Kashmiris, who may be having their own wishes.

Another ground reality, therefore, is that no head of a government in either country, however weak (like Atal Bihari Vajpayee, with a 20-party coalition) or strong (like President Pervez Musharraf, with no Parliament to question him), can survive if he abandons his country’s position that has been reiterated for decades.

Asking some basic questions. The positions on the subject are very rigid. Plebiscite, division along the cease-fire line, independence for the entire state, independence just for the valley with the rest going to either country, nothing is acceptable to all parties. Therefore, the exasperation of the would-be peacemakers is understandable. But one can always find a pass between two high mountains if one looks straight at the green plains ahead, instead of being awed by the peaks on either side.

We shall have a tantalizing view of the horizon if we ask a few basic questions. Why, to begin with, did the armies of India and Pakistan enter the state in the first place? India will explain that it wanted to stop Pakistan from taking over the rest of the state. Pakistan will say that it was the other way round. But both will agree that the two armies moved in after the issue had arisen. In other words, the deployment of armies did not create the basic issue of accession itself. It was a consequence, not the cause. Let us keep this very important point in mind as we go on.

The next question. Why have the armies of India and Pakistan been facing each other along the cease-fire line for half a century? Well, to maintain the status quo, to prevent the other side from advancing. After the First India-Pakistan War (1965), the two armies moved back to the original cease-fire-line while there were small changes after the Second War (1971). Since then, neither side has tried to change the status quo.

Fine. Let us now ask a follow-up question. If the army of one country is there on the cease-fire line only to defend against a possible attack from the other, what will happen if both armies are pulled out completely and simultaneously under the UN auspices? When the enemy will not be there, what will be the need for defense?

No need to change positions. If both armies are withdrawn from all parts of Jammu and Kashmir, will India and Pakistan change their stand on the status of the state? Why should they? (Remember that the deployment of armies was a consequence, not the cause of the basic issue?) Pakistan can continue to demand a plebiscite for the final solution. And India can go on claiming that the issue has already been settled and that its integrity and secularism are now tied with Kashmir.

The status quo on the cease-fire line will be maintained and neither side will have to surrender even a single square meter of territory under its control. The governments on both sides of the cease-fire line in Kashmir will continue to be in place, under whatever control is being exercised over them at present by India and Pakistan. As no movement of persons will be allowed across the cease-fire line, there will be no need for the army there. The local police should be able to maintain law and order. In other words, there will be absolutely no change in the present situation on either side.

How to ensure peace. What will be the guarantee that the status quo will not be disturbed in future? Good question. Here come the peacemakers. The UN observers have been there to monitor the cease-fire ever since it was enforced in 1949. Their number can be increased substantially to meet the need for effective observation. Pakistan and India may attach their own observers with the UN team to allay their own fears and suspicions about each other. The UN observers will not only supervise the entire cease-fire line but also the borders of the Jammu and Kashmir with India and Pakistan so that no army units move in, nor any kind of infiltration into the state takes place.

But we still cannot be absolutely sure. Suppose, one side does make a mischief. Of course, it will not be able to launch an attack across the cease-fire line because its army will not be there nor will it be allowed to enter the Jammu and Kashmir state. But it can certainly send trained and armed personnel to the other side to cause trouble. If the UN observers confirm any violation of the restrictions, the UN Security Council can, with firmness and swiftness, take two steps:
(a) All international flights and shipping services to and from the offending country will be banned immediately.
(b) All financial dealings with the rest of the world (such as letters of credit and remittances) will also be stopped.

The two steps can take effect within hours and should be enough to bring any would-be Saddam Husain in either country to his knees. (Some other punitive measures can also be taken for greater impact.) The people of Pakistan or India, unlike the Iraqis, will never be willing to suffer hardships indefinitely and tolerate a government that causes so much suffering to them for no visible gain. (Of course, there will be no ban – nor there can ever be -- on an attack against the other country across the present international border and a foolhardy, with daydreams of glory, can try his luck any time. If he is not afraid of the nuclear bombs on the other side, that is.)

The benefits of peace. The visible gain of the withdrawal of the two armies will be the prospects of peace and prosperity in the region. The end to the enormous waste of men, material and money in Jammu and Kashmir will be a great relief to each side. There will be a huge saving in defense expenditure, even if there may be no reduction in the present army deployments on the international border between the two countries.

Even a relative peace between Pakistan and India will be a great boon. Given the history of the Muslims and the Hindus in South Asia, the two countries will not become friends exactly but will no longer behave and deal with each other as enemies at war. Travel restrictions will be relaxed, with easier visas and end to the humiliation of reporting to the police ones entry, exit and every other move during a visit. Trade may not be free but it will be much more than at present, with even some joint ventures in the private sector. Films will still not be exchanged (though newspapers and magazines may be) but intellectual property rights will get reasonable protection. There will be no more acrimonious exchanges on Kashmir between the representatives of the two countries at international conferences. After the years of wars and constant tensions since the British left in 1947, Pakistan and India may have peace in the second half century of independence.

And the Kashmir issue itself? With the threat of war removed completely, there will be no longer any urgency. It may take its time before there is a “final settlement,” whatever that will mean then. Meanwhile, there will be no reason for Pakistan and India to go to war against each other and use the nuclear bombs.

July 9, 1997

ISLAM: Is imprisonment an Islamic punishment?

2005-04-19T12:33:00.000+05:00

کیا قید کی سزا اسلامی ہے؟

کیا اسلامی قوانین کے تحت کسی جرم کی سزا قید ہو سکتی ہے؟ کیا قرآن مجید میں کہیں قید کی سزا کا ذکر ہی؟ کیا کسی بھی فقہ میں کسی جرم کی سزا کے طور پر کسی بھی مدت کے لیئے قید کی سزا تجویز کی گئی ہے؟ کیا رسول اﷲ اور ان کے بعد خلفائِ راشدین کے دور میں جیل موجود تھے؟
قرآن مجید میں جن سزائوں کا ذکر ہے ان میں کوڑے مارنا، ہاتھ کاٹنا، جرمانہ اور سر قلم کرنا شامل ہیں۔ اس کے علاوہ قصاص اور دیت کا بھی ذکر ہے۔ اگرچہ حضرت یوسف کے قصے میں ان کے قید خانے میں کئی سال تک رہنے کا ذکر ہے لیکن وہ اپنی رضامندی سے رہے، نہ کہ کسی قانون کے تحت جرم کی سزا کے طور پر۔ (اگر سزا ہوتی بھی تو ظاہر ہے اسلامی قوانین کے مطابق نہ ہوتی کیونکہ وہ تو اس وقت تھے ہی نہیں۔) اس کے علاوہ قید کی سزا کا ذکر کہیں نہیں ملتا۔ نافرمانی کی صورت میں عورت کو گھر میں بند رکھنے کا بھی حکم ہے، لیکن یہ نظر بندی کسی جرم پر قید کی سزا نہیں سمجھی جا سکتی۔
مسلم بادشاہوں کے دور میں قید خانے ضرور ہوتے تھے لیکن ان میں ان افراد کو رکھا جاتا، جن سے بادشاہ ناراض ہوتا یا جن سے بغاوت کا خطرہ ہوتا۔ چنانچہ یہ قید دراصل سیاسی مخالفوں کی نظربندی ہوتی اور اس کی کوئی مدت بھی مقرر نہ ہوتی۔ کسی قانون کی خلاف ورزی یا کسی جرم پر قاضی جو سزائیں دے سکتا تھا، ان میں قید شامل نہیں ہوتی تھی۔ میرے ناقص علم کے مطابق فقہ کی کتابوں میں جہاں ہر جرم اور اس کی سزا کی تفصیلات درج ہیں وہاں یہ نہیں لکھا گیا کہ کسی جرم پر مقررہ مدت کے لیئے قید کی سزا بھی دی جا سکتی ہے۔

سزا کی قسمیں
جنوبی ایشیا میں قید کی سزا انگریزوں کے بنائے ہوئے مجموعہ تعزیرات ہند (انڈین پینل کوڈ) 1860 کے ذریعے نافذ کی گئی۔ انگریزوں کے لیئے یہ کوئی غیرمعمولی بات نہیں تھی کیونکہ ان کے ملک میں یورپ کے دوسرے ملکوں کی طرح صدیوں سے قید کی سزا موجود تھی اور مختلف جرائم کے لیئے مختلف مدتیں مقرر تھیں۔ انہوں نے ملک بھر میں، بقول شخصے، جیلوں کا جال بچھا دیا، جہاں عداتوں سے قید کی سزا پانے والوں کو رکھا جانے لگا۔ ایک مفصل ہدائت نامہ (مینوئل) نافذ کیا گیا، جس میں جیل کے نظام اور قیدیوں کے بارے میں تفصیل سے ہدایات درج تھیں۔
338 مجموعہ تعزیرات پاکستان میں ترمیم کر کے 16ویں باب (دفعات 299 تا 338) کی جگہ نیا باب شامل کیا گیا تاکہ انسانی زندگی کے بارے میں جرائم کی سزائیں اسلامی تعلیمات کے مطابق کی جائیں۔ نئے باب میں نئی اصطلاحات کی تعریف بھی کی گئی۔ ان کے مطابق
ارش“ سے مراد اس باب میں متعین وہ معاوضہ ہے، جو اس باب کے تحت جرم کا نشانہ بننے والے یا اس کے” وارثوں کو دیا جائے گا۔
”ضَمان“ سے مراد وہ معاوضہ ہے جو عدالت طے کرے لیکن جو ارش کے تحت نہ آتا ہو۔
”دِیت“ وہ معاوضہ ہے جو دفعہ 323 کے تحت وارثوں کو دیا جائے گا۔ اس کا تعین جج قرآن و سنت کے مطابق اور مجرم اور اس کے جرم کا نشانہ بننے والے کے وارثوں کی مالی حیثیت کو سامنے رکھ کر کرے گا۔ یہ رقم 30,600 روپے یا 30 گرام چاندی کی حکومت کی طرف سے طے کردہ مالیت سے کم نہیں ہوگی۔
”قصاص“ سے مراد مجرم کو جسم کے اسی حصے پر ویسی ہی ضرب لگانا ہے، جیسی اس کے جرم کا نشانہ بننے والے کو لگائی گئی اور قتل عمد کی صورت میں موت کی سزا دینا ہے۔ یہ سزا جرم کا نشانہ بننے والے یا اس کے ولی کی مرضی سے دی جائے گی۔
”تعزیر“ سے مراد وہ سزا ہے جو قصاص، دیت، ارش اور ضمان کے تحت نہیں آتی۔
مجموعہ تعزیرات پاکستان کے تیسرے باب کی دفعہ 53 کے تحت مختلف جرائم پر یہ سزائیں دی جا سکتی تھیں: موت، عمر قید، قید محض، قید با مشقت، جائداد کی ضبطی اور جرمانہ۔ ترمیم کر کے ان میں قصاص، دیت، ارش، ضمان اور تعزیر کو بھی شامل کر لیا گیا۔
مجموعہئِ تعزیرات میں ترمیم کے تحت ہر قسم کی قید کی سزا کو تعزیر میں شامل کر لیا گیا۔ جن علما نے اس کی توثیق کی انہیں یقیناً علم ہوگا کہ قید کی سزا نہ قرآن مجید میں کہیں درج ہے اور نہ فقہ میں اس کا کہیں ذکر ہے۔ اس کے باوجود انہوں نے اسے قبول کر لیا۔ ہمارے حکمرانوں کی تو سوچ ہی یہی رہی ہے کہ جو نظام ورثے میں ملا ہے اس میں کوئی بنیادی تبدیلی نہ کی جائے تاکہ ان کی ”روشن خیالی“ پر حرف نہ آئے اور انہیں ”بنیاد پرست مسلمان“ نہ سمجھا جائے۔ ان کی ذہنی تربیت بھی اس طرح ہوتی ہے کہ وہ ہر معاملے میں یورپ اور امریکہ کی سوچ ہی کو سند سمجھتے ہیں، چاہے وہ واضح طور پر اسلامی تعلیمات کے خلاف ہی کیوں نہ ہو۔ چنانچہ انہوں نے سود کو ختم کرنے کی بجائے ”مارک اپ“ کے نام سے برقرار رکھا اور علما نے اس کی تائید کر دی، یہ جانتے ہوئے بھی کہ قرآن مجید میں ربا کو واضح طور پر حرام قرار دیا گیا ہے۔ لیکن اسلام کی تعلیمات کسی نظریہئِ ضرورت کے تابع نہیں ہو سکتیں۔ چنانچہ جس طرح سود کو بالکل ختم کرنے کی ضرورت ہے، اسی طرح قید کی سزا کو بھی تعزیرات میں سے نکالنا ضروری ہے۔
آئین کی دفعہ 2 میں اسلام کو ریاست کا دین کہا گیا ہے اور دفعہ 227 میں کہا گیا ہے کہ تمام موجودہ قوانین کو اسلامی تعلیمات کے مطابق بنایا جائے گا اور ان تعلیمات کے خلاف کوئی قانون نہیں بنایا جائے گا۔ چنانچہ قید کی سزا کو خلاف اسلام ہونے کی بنا پر تعزیرات میں سے حذف کرنا لازمی ہے۔ حیرت کی بات ہے کہ جو لوگ کوڑے مارنے اور ہاتھ کاٹنے کی سزائیں نافذ کرنے پر زور دیتے ہیں، وہ قید کے خلاف اسلام ہونے پر غور نہیں کرتے۔

قید کیوں نہیں؟
اسلام کی تعلیمات میں قید کی سزا کا ذکر کیوں نہیں ملتا؟ اس کی وجہ بالکل واضح ہے۔ اسلام دین فطرت ہے اور اس کی تعلیمات اور احکام میں ہر امر فطرت کے مطابق ہے۔ چنانچہ کوئی ایسی سزا مقرر نہیں کی گئی جو فطرت کے خلاف ہو۔ کوڑے مارنا، ہاتھ کاٹنا یا جرمانہ ایسی سزائیں ہیں، جن سے مجرم کو یقیناً تکلیف ہوتی ہے۔ اسے احساس ہوتا ہے کہ اس نے معاشرے یا اس کے کسی فرد کو جو نقصان پہنچایا اسے اس کی سزا دی گئی ہے۔ اس کی سزا سے دوسروں کو بھی عبرت ہوتی ہے کہ اگر وہ جرم کریں گے تو انہیں بھی اسی طرح سزا ملے گی۔ لیکن ان میں سے کوئی سزا بھی مجرم کی باقی زندگی پر حاوی نہیں ہوتی۔ دوسرے لفظوں میں، جرم کی سزا تو مل جاتی ہے لیکن مجرم باقی زندگی اپنی مرضی کے مطابق گزار سکتا ہے۔ اگر وہ اپنی اصلاح کر لے اور نیکی کا راستہ اپنا لے تو اپنی ذات اور اپنے معاشرے کو فائدہ پہنچا سکتا ہے۔ بقایا زندگی اس کی اپنی ہے اور وہ اسے پوری آزادی اور اپنی مرضی سے گزار سکتا ہے۔
اس کے برعکس، قید کی سزا مجرم سے اس کا وقت چھین لیتی ہے، جو اس کا سب سے قیمتی سرمایہ ہے۔ وہ جتنی بار چاہے توبہ کر لے، جتنی چاہے معافی مانگ لے، اسے وہ مدت جیل ہی میں گزارنی ہوتی ہے، جس کا تعین عدالت کر دے۔ وہ وقت جو وہ اپنی اور اپنے خاندان کی بہتری کے لیئے استعمال کر سکتا ہے اور جس سے معاشرے کو فائدہ پہنچا سکتا ہے وہ اسے جیل کی کوٹھڑی میں ہر صورت میں گزارنا ہوتا ہے۔
قید کی سزا اس وقت کہیں زیادہ ظالمانہ ہو جاتی ہے جب کسی ملزم کو بے قصور ہونے کے باوجود صرف اس لیئے سزا دے دی جاتی ہے کہ استغاثہ کے دلائل اور گواہوں کے بیانات نے عدالت کو قائل کر دیا تھا کہ جرم اسی نے کیا تھا۔ ایسی بہت سی مثالیں ملتی ہیں جب کسی کو بلاجواز سزا ملنے پر اپنی زندگی کا بہترین حصہ جیل میں گزارنا پڑا اور بعد میں اصل مجرم کوئی اور نکل آیا۔ ایسی صورت میں کیا کوئی بے قصور قیدی کے اس کھوئے ہوئے وقت کو واپس لا سکتا ہے جو جیل میں ضائع ہو گیا؟ کیا معاوضے کی کوئی بڑی سے بڑی رقم اس کے اس نقصان کی تلافی کر سکتی ہے جو جیل میں رہنے سے ہوا؟
دسمبر 2003 میں پشاور میں ایشیائی ترقیاتی بینک کے زیر اہتمام ایک سیمینار ہوا، جس میں معاشرے میں عدل کے مختلف پہلوئوں کے بارے میں غور کیا گیا۔ اس میں قانون دان، دین کے عالم، پولیس افسر، انسانی حقوق کے علمبردار اور دوسرے لوگ شریک تھے۔ میں نے اپنے لیکچر کے دوران سوال اٹھایا کہ کیا قید اسلامی سزا ہے؟ اس کے علاوہ کیا یہ انسانی حقوق کی سنگین خلاف ورزی نہیں کہ کسی کی زندگی کے کئی سال جیل میں ضائع کر دیئے جائیں؟ ایک بھی آواز اختلاف میں نہ آئی۔
اسلام کے مطابق معاشرے کو یہ حق ضرور ہے کہ وہ مجرم کوسزا دے۔ ہر دور میں جرم ہوتے رہے ہیں اور ان پر سزائیں بھی ملتی رہی ہیں۔ سزا دینے سے ایک طرف مجرم کو احساس ہوتا ہے کہ اس نے دوسروں کو نقصان پہنچا کر ان کی حق تلفی کی اور دوسری طرف دوسروں کو تنبیہ ہوتی ہے کہ اگر وہ جرم کریں گے تو انہیں بھی اسی طرح سزا دی جائے گی۔ لیکن معاشرے کو یہ حق ہرگز نہیں دیا گیا کہ وہ کسی کی زندگی کا کچھ حصہ اسے ضائع کرنے پر مجبور کرے۔ دوسرے لفظوں میں، معاشرے کو مجرم کو سزا دینے کا اختیار تو ہے لیکن اس کی زندگی کا وقت ضائع کرنے کا نہیں۔

قید ختم کرنے سے کیا ہوگا؟
جو نظام ہمارے ہاں ڈیڑھ سو سال سے چلا آ رہا ہے، اسے ختم کرنے سے بالکل نئی صورت حال پیدا ہو جائے گی اور اس کے پیش نظر کئی تبدیلیاں کرنی ہونگیں۔ سب سے پہلے تو ان تمام قوانین میں ترمیم کرنی ہوگی، جن میں کسی خلاف ورزی پر کسی نہ کسی مدت کی قید کی سزا مقرر ہے۔ اس کے بعد ہر جرم کی سزا ان سزائوں میں سے ایک ہوگی، جو اسلام کے مطابق ہیں۔
جیسا کہ قرآن مجید میں ہے، اسلامی نظام میں تین قسم کی سزائیں دی جا سکتی ہے۔ جن جرائم کی سزا خود اﷲ تعالی نے مقرر کی ہے، اس میں تو ظاہر ہے کوئی قانون تبدیلی نہیں کر سکتا۔ کوڑے لگائے جائیں گے، ہاتھ کاٹے جائیں گے، جرمانہ ہوگا یا سر قلم کر دیا جائے گا۔ جن جرائم کا قرآن مجید میں ذکر نہیں لیکن ہمارے قوانین میں موجود ہیں، انہیں تین گروپوں میں تقسیم کر کے متعلقہ گروپ کے لیئے مقرر سزا دی جا ئے گی۔
الف)۔ مالی فراڈ، ہیرا پھیری، غبن، خرد برد، دھوکہ دہی، جعل سازی، وعدہ خلافی، ناجائز قبضہ، جائداد کو نقصان، وغیرہ، چوری کی قسم میں شامل کیئے جا سکتے ہیں۔
ب)۔ انسانی جسم کو کسی طرح سے ضرر پہنچانے اور جنسی جرائم پر کوڑے لگائے جا سکتے ہیں، جن کی کم از کم یا زیادہ سے زیادہ تعداد قانون میں مقرر کی جا سکتی ہے۔
پ)۔ وہ جرائم جنہیں اس وقت قانون کے تحت سنگین سمجھا جاتا ہے، جیسے ڈاکہ، رہزنی، دہشت گردی، زنا بالجبر، منشیات فروشی، وغیرہ، انہیں قتل کی قسم میں شامل کیا جا سکتا ہے اور ان پر سر قلم کرنے کی سزا دی جا سکتی ہے۔ (البتہ قتل میں صرف قتل عمد شامل ہوگا، جو جان بوجھ کر کیا جاتا ہے۔ قتل خطا پر قصاص یا دیت کا اطلاق ہوگا، جیسے غلطی سے یا حادثاتی پر کسی کو ہلاک کر دینا۔) جن سنگین جرائم پر موت کی سزا دی جا سکتی ہے ان کے ساتھ متبادل کے طور پر قید کی سزا ختم کر دی جائے گی۔
عائد کیا گیا جرمانہ یا تو جرم کی زد میں آنے والوں کو بطور تلافی دے دیا جائے گا یا سرکاری خزانے میں جمع کرا دیا جائے گا۔ جرمانے سے مظلوم یا حکومت کا فائدہ ہوگا جبکہ مجرم کو جیل میں ڈالنے سے دونوں میں سے کسی کو کچھ حاصل نہیں ہوتا۔ بلکہ سرکار کو تو الٹا سالہا سال تک مجرم پر خرچہ کرنا پڑتا ہے جو آخرکار عوام سے ٹیکس کی شکل میں وصول کیا جاتا ہے۔ گویا جرم کی سزا معاشرے کو بھی بھگتنی پڑتی ہے۔
صدر ضیاءالحق کے دور میں چار حدود آرڈینینس نافذ کیئے گئے، جن میں وہ تمام سزائیں درج تھیں جو اسلامی فقہ کے مطابق دی جا سکتی ہیں۔ ان حدود میں قید شامل نہیں تھی۔

ملزم کیوں فرار نہیں ہوگا
آج اگر کسی کے خلاف کوئی مقدمہ درج ہو جائے تو عام طور پر وہ چھپ جاتا ہے یا فرار ہو جاتا ہے۔ اس دوران وہ کوشش کرتا ہے کہ ضمانت قبل از گرفتاری کرا لے۔ اس کے گرفتاری نہ دینے کی تین وجوہ ہوتی ہیں:
الف)۔ ملزم کو ڈر ہوتا ہے کہ پولیس اسے تھانے کی حوالات میں بند کر دے گی اور اس پر تشدد کر کے اقبال جرم کرانے کی کوشش کرے گی، چاہے وہ بے قصور ہی کیوں نہ ہو۔ اگر وہ تشدد سے بچنا چاہتا ہو تو اسے بھاری رشوت دینی پڑتی ہے۔ اگر جسمانی تشدد نہ ہو تو بھی حوالات کی حالت اتنی خراب ہوتی ہے کہ اس میں میں چند گھنٹے گزارنا بھی مشکل ہوتا ہے۔
ب)۔ کسی جج کے سامنے ضمانت کے لیئے پیش کرنے میں تاخیر کی صورت میں ملزم کو حوالات ہی میں رہنا پڑتا ہے۔ یہ تاخیر جج کی مصروفیت کی بنا پر کئی دن بلکہ کئی ہفتے کی بھی ہو سکتی ہے۔ پھر یہ بھی یقین نہیں ہوتا کہ عدالت ضمانت لے لے گی۔ عام طور پر عدالت پولیس کی ایک دو ہفتے کے لیئے ریمانڈ کی درخاست منظور کر لیتی ہے، جس دوران ملزم پولیس کی تحویل میں رہتا ہے اور اس سے پوچھ گچھ کی جاتی ہے۔ حقائق اگلوانے یا اقبال جرم کرانے کے لیئے تشدد بھی کیا جا سکتا ہے۔
پ)۔ اگر عدالت ضمانت کی درخاست منظور نہ کرے اور پولیس کو ریمانڈ بھی نہ دے تو ملزم کو جیل بھیج دیا جاتا ہے۔ اس کا مقصد ملزم کو پولیس کے تشدد سے بچانا ہوتا ہے۔ پولیس کو پوچھ گچھ کے لیئے ملزم سے جیل میں ملنا پڑتا ہے۔ لیکن جیل کے حالات بھی تھانے کی حوالات سے بہتر نہیں ہوتے۔
اگر ملزم کو یقین ہو کہ گرفتاری کے بعد اسے نہ تو حوالات میں بند کیا جائے گا اور نہ جیل بھیجا جائے گا بلکہ ضمانت لے کر چھوڑ دیا جائے گا تو وہ فرار ہونے کی کوشش کیوں کرے گا؟
عدالت میں حاضری یقینی بنانے کے لیئے ایک صورت تو ضمانت ہے۔ یہ ضمانت تھانیدار بھی لے سکتا ہے۔ اس وقت بھی اسے قانونی طور پر اختیار ہے کہ گرفتاری کے بعد بعض صورتوں میں ملزم کو اس کی ذاتی ضمانت پر رہا کر دے۔ یہ الگ بات ہے کہ وہ عام طور پر یہ اختیار استعمال نہیں کرتا اور اس ڈر کے مارے ضمانت کا فیصلہ عدالت پر چھوڑ دیتا ہے کہ کہیں مدعی فریق اس پر ملزم سے رشوت لینے کا الزام نہ لگا دے۔ یہ ضمانت عبوری ہوگی اور اس وقت تک رہے گی جب تک عدالت مقدمے کی پوری صورت حال کا جائزہ لے کر مستقل ضمانت نہیں لے لیتی۔
تھانیدار کو صرف یہ دیکھنا ہوگا کہ ملزم کے فرار کا کتنا امکان ہے۔ بہت سی صورتوں میں ایسے شریف اور مسکین افراد کے خلاف مقدمہ درج کرا دیا جاتا ہے، جن کے گھر چھوڑ جانے کا کوئی امکان نہیں ہوتا۔ ملازمت اور کاروبار کرنے والے بھی فرار ہونے کا نہیں سوچتے کیونکہ ان کے غائب ہو جانے سے ان کا اور ان کے گھر والوں کا بہت زیادہ نقصان ہو سکتا ہے۔ جب تھانیدار کو معلوم ہوگا کہ ملزم کے فرار ہونے کا امکان بہت کم ہے تو وہ ملزم کی ذاتی ضمانت موقع پر ہی لے سکتا ہے۔ اگر مزید اطمینان کرنا چاہے تو عزیزوں، رشتہ داروں میں سے بھی بعض کی ضمانت لے سکتا ہے۔ سنگین جرم کی صورت میں شخصی ضمانت کے ساتھ جائداد یا مال کی ضمانت بھی لی جا سکتی ہے۔ صرف عادی مجرموں کے فرار کا امکان ہوسکتا ہے لیکن وہ بھی زیادہ دن غائب نہیں رہ سکتے کیونکہ غیرحاضری سے انہیں کہیں زیادہ نقصان ہوگا، جیسا کہ آگے وضاحت کی جائے گی۔ تھانیدار کی لی ہوئی ضمانت عبوری ہوگی اور اس وقت تک رہے گی جب تک عدالت مقدمے کی پوری صورت حال کا جائزہ لے کر مستقل ضمانت نہیں لے لیتی۔ عدالت میں استغاثہ اور صفائی میں بحث اس پر نہیں ہوگی کہ ضمانت لی جانی چاہیئے یا نہیں کیونکہ ضمانت نہ لینے کا تو سوال ہی نہ ہوگا۔ بحث صرف اس پر ہوگی کہ جائداد یا مال کی صورت میں کتنی مالیت کی ضمانت مناسب ہوگی اور کیا ملزم کی اپنی ضمانت کے ساتھ مزید ضامن بھی ضروری ہونگے؟۔
کسی ملزم کے فرار کا امکان ایک اور طریقے سے مزید کم کیا جا سکتا ہے۔ اس وقت قانون یہ ہے کہ اگر ملزم مفرور ہو جائے تو اس کے خلاف مقدمے کی سماعت نہیں ہو سکتی۔ اسے بدل دیا جائے گا اور ملزم کی غیرحاضری میں بھی مقدمے کی سماعت ہوگی اور شہادتوں اور گواہیوں کی بنا پر سزا سنائی جا سکے گی۔ ملزم جب بھی گرفتار ہوگا، اسے سزا دے دی جائے گی۔ مقدمے کی سماعت بھی دوبارہ نہیں ہوگی کیونکہ ملزم نے غائب ہو کر خود ہی اپنی صفائی پیش کرنے کا موقع کھو دیا۔ جب ملزم کو معلوم ہوگا کہ حاضر رہنے کی صورت میں وہ مقدمے کی پیروی کر سکے گا اور پوری طرح اپنی صفائی دے سکے گا تو وہ غائب نہیں ہوگا۔ چنانچہ وہ تو تھانیدار کو دی گئی ضمانت کی بھی خلاف ورزی نہیں کرے گا کیونکہ اسے اس سے کچھ حاصل نہیں ہوگا۔ یوں وہ تمام مرحلے ختم ہو جائیں گے، جو صرف ضمانت کے لیئے طے کرنے پڑتے ہیں۔ ملزم کو وہ قید بھی نہیں کاٹنی پڑے گی جو صرف ضمانت کے انتظار میں ہوتی ہے اور جس کا جرم کی سزا سے کوئی تعلق نہیں ہوتا۔

ضمانت کے بعد تفتیش اور کاروائی
اس وقت حوالات میں ملزم اس لیئے بھی بند کیا جاتا ہے تاکہ تفتیش میں آسانی ہو۔ ضمانت کے بعد ملزم کے تعاون نہ کرنے کا خدشہ ہو سکتا ہے۔ اگر پولیس اس کے گھر جائے تو وہ چھپ سکتا ہے یا غائب ہو سکتا ہے۔ ظاہر ہے کہ پولیس بار بار گھر کے چکر نہیں لگا سکتی۔ اس کا حل یہ ہے کہ عدالت ملزم کو پابند کر دے کہ وہ ہر روز مقررہ وقت پر چند گھنٹوں کے لیئے گھر میں موجود رہے تاکہ اس دوران پولیس اس سے پوچھ گچھ کر سکے۔ مقررہ اوقات کے علاوہ بھی اگر ضرورت ہو تو پولیس ملزم کو ساتھ لے جا کر مقدمے سے متعلقہ ثبوت اور دستاویزیں، جہاں کہیں بھی ہوں، برامد کر سکے گی۔ اس طرح ملزم اپنی ملازمت یا اپنے کاروبار سے بھی غیر حاضر نہیں ہوگا اور تفتیش بھی جاری رہے گی۔ اگر ملزم تعاون نہ کرے تو پولیس عدالت سے درخاست کر سکتی ہے کہ اس کی ضمانت منسوخ کر دی جائے۔ منسوخی کی صورت میں ملزم کو مقدمے کی کاروائی پوری ہونے تک جیل میں نظر بند کر دیا جائے گا۔ چنانچہ اس کی اپنی بہتری اس میں ہوگی کہ پولیس سے پورا تعاون کرے۔
پولیس کی طرف سے تفتیش مکمل کرنے کے بعد چالان عدالت میں پیش کر دیا جائے گا۔ اس کے بعد مقدمے کی کاروائی شروع ہو گی۔ اس دوران ملزم ہر سماعت پر حاضر ہوگا۔ کاروائی مکمل ہو جانے کے بعد اسے یا تو سزا ہو جائے گی یا بری کر دیا جائے گا۔
بعض صورتیں البتہ ایسی ہونگیں، جن میں ملزم کو ضمانت لیئے بغیر حوالات یا جیل میں بند رکھنا ضروری ہوگا۔ اگر کسی پر دشمنی یا ذاتی عناد کی بنا پر قتل کرنے کا الزام ہو تو امکان ہے کہ وہ ان کو بھی قتل کرنے کی کوشش کرے گا جو اس کے پہلے حملے میں بچ گئے تھے یا جو موقع کے گواہ بن سکتے ہوں۔ اسی طرح زنا بالجبر کا ملزم بھی لڑکی یا عورت کو ہراساں کر سکتا ہے۔ ڈاکو یا عادی چور دوبارہ واردات کر سکتے ہیں۔ ایسے ملزم مقدمے کی کاروائی پوری ہونے تک جیل میں رہیں گے۔ اس کے بعد انہیں یا تو جرم کے مطابق سزا دے دی جائے گی یا بے قصور ثابت ہونے پر رہا کر دیا جائے گا۔ عدالتوں کو پابند کیا جا سکتا ہے کہ وہ سنگین جرائم کے مقدموں کی سماعت جلد از جلد کریں تاکہ جیل میں نظربندی کی مدت کم از کم ہو۔ چونکہ سنگین جرم، خاص طور پر وہ جن پر اس وقت قتل یا عمرقید کی سزا ہو سکتی ہے، بہت کم ہوتے ہیں، اس لیئے مقدمے کی سماعت تک جیل بھیجنے کی نوبت کبھی کبھار ہی آئے گی۔

سزا کے بعد فرار
فرض کریں کہ ملزم کو یقین ہو جاتا ہے کے اس کے خلاف مضبوط شہادتوں کی بنا پر اسے سزا ہو جائے گی۔ چنانچہ وہ فرار ہو سکتا ہے۔ اس سے بجائے اس کے بچنے کے سزا یقینی ہو جائے گی۔ قانون میں ترمیم کر دی جائے گی کہ اگر ملزم عدالت کی اجازت یا معقول جواز کے بغیر کسی پیشی پر حاضر نہ ہو تو سمجھا جائے گا کہ اس نے واقعی جرم کیا ہے اور اس کا فرار بذات خود کافی ثبوت ہے۔ یوں فیصلہ اس کے خلاف کر دیا جائے گا۔ چنانچہ غیر حاضری کا مطلب کاروائی کو طول دینا یا سزا سے بچنا نہیں بلکہ یقینی طور سزا بھگتنا ہوگا۔ جان بوجھ کر فرار ہونے کی بنا پر اسے سزا کے خلاف اپیل کرنے کا بھی حق نہیں ہوگا۔
فرض کیا کہ اس کے باوجود ملزم فرار ہو جاتا ہے۔ اس پر عدالت اسے مجرم قرار دے کر سزا سنا دے گی۔ سزا کا حکم تا حیات قابل عمل ہوگا۔ چنانچہ باقی زندگی کے دوران مجرم کسی وقت بھی پکڑا جائے تو سزا پر عمل کرایا جائے گا۔ سزایافتہ افراد کو مخبری ہونے پر ملک بھر میں کہیں سے بھی گرفتار کیا جا سکے گا۔ اس مقصد کے لیئے ہر ضلع کی پولیس کو باخبر کیا جا سکتا ہے۔ اس کا برا چاہنے والے قریبی لوگ بھی اس کے خلاف مخبری کر سکتے ہیں۔ مجرم جونہی اپنے گھر والوں یا عزیزوں اور دوستوں سے رابطہ کرے گا تو اس کا سراغ مل جائے گا۔ اس طرح وہ سزا سے صرف کچھ مدت کے لیئے ہی بچ سکے گا۔ اس سے کہیں بہتر ہوگا کہ ملزم سزا بھگت لے تاکہ نئے سرے سے زندگی شروع کر سکے۔
سزا سے بچنے کے لیئے مجرم ملک سے باہر جا سکتا ہے۔ بظاہر یہ ترکیب آسان نظر آتی ہے لیکن اس پر عمل کر کے وہ اپنے گھر والوں، رشتے داروں اور دوستوں سے ملنے کے لیئے کبھی نہیں لوٹ سکے گا۔ یہ بذات خود بہت بڑی سزا ہے۔ آج بھی جو لوگ مفرور ہو کر ملک سے باہر ہیں وہ آپ کو بتائیں گے کہ اس سے بڑی سزا نہیں ہو سکتی۔ وہ اجنبی دیس میں ہر وقت تڑپتے رہتے ہیں لیکن سکون نہیں ملتا۔ بظاہر آزاد ہونے کے باوجود انہیں جیل کی بند کوٹھڑی سے زیادہ سخت سزا ملتی رہتی ہے۔ (گھر والوں اور عزیزوں سے دوری اپنی مرضی سے ہو تو بھی بڑی تکلیف دہ ہوتی ہے۔) مفرور مجرم کو یہ دھڑکا بھی لگا رہے گا کہ ملک سے باہر بھی گرفتاری ہو سکتی ہے اور دوسرے ملکوں سے مجرموں کے تبادلے کے معاہدوں یا پولیس کے عالمی نظام، انٹرپول، کے تحت پتہ چلنے پر کسی بھی اسے واپس لایا جا سکتا ہے۔

فرار کا معاشرے کو فائدہ
اس وقت قید کی سزا ملنے کے بعد مجرم کو جیل میں رکھنے کا مقصد یہ ہوتا ہے کہ ایک طرف تو اسے اپنے کیئے پر سزا ملے اور دوسری طرف اس کے شر سے معاشرہ محفوظ رہے، جس میں اس کا گائوں یا محلہ اور اردگرد کی آبادی شامل ہے۔ مجرم کا ہمیشہ کے لیئے جلاوطن ہو جانا اس معاشرے کے لیئے راحت کا باعث ہوگا جہاں جرم کیا گیا۔ معاشرہ مجرم کے وجود سے پاک ہو جائے گا۔ اس طرح جرم کی سزا کا مقصد بھی پورا ہو جائے گا اور مجرم کی باقی زندگی کے مہینے اور سال بھی اس کے اپنے رہیں گے، جو بحیثیت انسان اس کا حق ہے۔ معاشرے کو یہ راحت تو مجرم کو عمر قید کی سزا سے بھی نہیں ملتی کیونکہ اسے کاٹ کر وہ پھر واپس آ سکتا ہے اور مجرمانہ زندگی کا آغاز کر سکتا ہے یا اپنے دشموں سے بدلے لے سکتا ہے۔ ملک سے فرار کی صورت میں بھی مجرم کو سزا ملے گی گو اس کی نوعیت جسمانی نہیں بلکہ ذہنی اور نفسیاتی ہوگی۔
قید کی سزا ختم کرنے سے بہت سی خرابیاں دور ہو جائیں گی۔ مقدمہ درج ہونے کے بعد حوالات یا جیل میں نظربندی، اس کے دوران تشدد اور ضمانت کے تکلیف دہ مرحلے ختم ہو جائیں گے۔ عدالتوں کی کاروائی بہت مختصر ہو جائے گی۔ قید اور اس کے دوران ہونے والا انسانیت سوز سلوک ختم ہو جائے گا۔ مجرموں کو سزا تو ملے گی لیکن ان کی زندگی کے باقی دن ضائع نہیں ہونگے۔ قیدیوں پر اٹھنے والے اخراجات ختم ہو جائیں گے۔ سب سے بڑی بات یہ کہ اسلامی نظام کا ایک نہائت روشن عملی نمونہ دنیا کے سامنے آئے گا۔

ستمبر 2004

PALESTINE: A way out in Palestine

2005-04-19T12:32:00.000+05:00

Here is a plan that will resolve all of the major issues between the Arabs and the Jews, without requiring each side to make impossible compromises. Despite wars, atrocities and complications caused over the decades, a solution of the Palestine issue is possible even at this late stage.

New state. The starting point should be the creation a new state that will include the present territories of Israel, West Bank, Gaza and Jordan. There will be only two provinces, to be called “Israel” and “Jordan.” West Bank will become a part of Jordan, just as it was before the 1967 war. Gaza will be a part of Jordan for 10 years and then become a part of Israel due to the compulsion of its geographical location. In the meantime, its present residents will be encouraged to move to elsewhere in the province of Jordan.
The Golan Heights will be returned to Syria after it agrees to keep the territory demilitarized, like the Sinai, and signs a peace agreement with the new state. (It will have no good reason not to do so.)

The name. Unless the people agree on another one, the name of the new state may be “Palestine.” It has been the geographical name of the territory for centuries, without any religious or ethnic connotations. According to “Encyclopedia Britannica,” “The Arabs living in Palestine had never had a separate state. Until the establishment of Israel, the term Palestinian was used by Jews and foreigners to describe the inhabitants of Palestine, but it was rarely used by the Arabs themselves; mostly they saw themselves as part of the larger Arab or Muslim community.”
The formation of a new state would not be a novel idea. Even when the territory was partitioned, the intention was to keep the two parts close to each other. “Encyclopedia Britannica” says, “On August 31 [1947] a majority report of the UN Special Committee on Palestine (UNSCOP) recommended the partition of the country into an Arab and a Jewish state, which, however, should retain an economic union. Jerusalem and its environs were to be international. These recommendations were substantially adopted by a two-thirds majority of the UN General Assembly in a resolution dated Nov. 29, 1947.”

Federation. The new state will be secular and a federation, with only minimum powers for the center, such as defense, foreign affairs, currency, banking and telecommunications. All other powers will go to the federating units, the provinces. To provide a permanent link between the provinces, the state will be a constitutional monarchy, headed by a member of the present royal family of Jordan that has been quite friendly to Israel. When the need arises, the federal cabinet will select the heir from the royal family. The majority of each Provincial Assembly will be required for the approval of a new monarch.
The federation will have a single house, National Assembly. It will have half of its members from Israel and half from Jordan. Every law will be passed by two-thirds of the total members, to ensure maximum support.
The Prime Minister will be alternately from each province and will serve for five years. The key ministries will also rotate between the two provinces. The federal cabinet will have half of the ministers from the province of Israel and half from the province of Jordan.
To avoid wrangling and intrigues, the Prime Minister will be directly elected by the entire country, rather than the National Assembly. He will have to get over 50% of the total votes cast in each province. This will ensure that the winning candidate will be a moderate and acceptable to the majority of the Jews and the Arabs. If no candidate gets over 50% votes, there will be a contest within a week between the two top candidates.

Provinces. The whole territory having become a single country, the boundaries of 1947 (in UN plan), pre-1967 and post-1967 will lose their present importance and may be ignored. The two provinces will set up a joint commission to study the present boundaries and redraw them to remove the difficulties of the people at the local level and give due regard to natural geographical divisions.
The executive head of a province will be a Governor, who will be elected by a direct vote for five years. Each Provincial Assembly will have the same number of members. The provinces will be free to legislate on religious, cultural and social matters. Jordan may make Islamic laws for the Muslims in the province but without affecting the Jews living there. Similarly, Israel may make religious laws for the Jews in its jurisdiction.
Each province will have its own police to maintain law and order.
While the federation will deal with international relations, the provinces may sign directly trade and investment agreements with other countries.
Arabic will be the official language of the province of Jordan and Hebrew that of Israel, while both will be the official languages of the federal government.
Friday will be the weekly public holiday in Jordan and Saturday in Israel while the federal government will have both days as weekly holidays. So will the private commercial organizations if they want to have a five-day week. Provinces may also do the same ultimately. The religious holidays of both Muslim and Jewish will be observed in both provinces.

Jerusalem. Jerusalem will be an international city, with every foreign visitor getting a 10-day visit visa on arrival. While a mayor elected by the direct vote of the entire population of the city will run the administration for a five-year term, the National Assembly will decide the policy matters with a two-third majority. The mayor will be alternately a Jew and an Arab.
Everybody will need the approval of the city administration to work, set up a business, purchase property or have permanent residence in Jerusalem. No new housing will be allowed and present population will be encouraged to move out of the city in order to open it up for the large number of visitors of all three religions that will be going there.

New capital. For the present, Tel Aviv and Amman will serve as joint federal capitals. However, a new site for the federal capital will be selected with the consensus of both Provincial Assemblies and construction will start there immediately. The new capital will have the offices of only the federal government. Its name will be a word common in Arabic and Hebrew.

Citizens. Every citizen will have a national identity card, showing his permanent place of residence, besides other data. He will be free to travel anywhere in the country but he will need the approval of the relevant provincial government to work, set up a business, purchase property or have permanent residence in its jurisdiction. That will control the migration of citizens and workers from one province to the other. The province of Israel will control the return of Arab refugees. All Arab refugees born before 1948 in what is now Israel will be allowed to return to their ancestral homes. (After 55 years, there will not be many of such refugees left.)
The Jews, who settled in the West Bank after 1967, will have to move out while the present residents of Gaza may be allowed to take their place in the settlements. The Israeli government may pay compensation to the Jewish settlers. It will also have to pay reasonable compensation to the Arab refugees and others, who were uprooted because of the Israeli actions before or after 1967. It will not be a financial burden because the reduction in defense expenditure will cover the expenditure.

Defense. The UN will guarantee the security and integrity of the new state from an attack by any country. The new state may also have bilateral defense agreements with the U.S. and other countries. Once its security is ensured, the new state will merge the present armed forces of Israel and Jordan and reduce the total to the minimum. It will destroy its nuclear and other weapons of mass destruction because it will not need them in future.

Benefits of the plan. When considered in its entirety, the plan proposes minimum changes in the present setup while it will solve all of the major problems between the Arabs and the Jews, viz.
a) Israel will continue to have its identity. Two examples are relevant. Holland is only a province but it is quite often synonymous with the name of the country, the Netherlands. Similarly, England is also a province but is usually considered synonymous with the United Kingdom. Therefore, Israel will continue to enjoy its present recognition.
b) The Jews in the U.S. and elsewhere will continue to do for the province of Israel whatever they want. The Jews in other countries will also be able to immigrate to the province of Israel as they have been doing for decades.
c) The Arab refugees, presently dispersed in many countries, will be able to return to the new province of Jordan, subject to the policy of the provincial government. That will be the end of the Arab refugee problem. The expatriate Arabs will be free to invest in the province of Jordan.
d) The residents of Israel will no longer have to worry about security threats. The end of the present Israeli occupation of the West Bank will remove the basic cause for organizations like Hamas and Islamic Jihad. The public support for them will also disappear because nobody will favor hostility against the Jews without a cause. The local police will take care of the remaining elements to ensure complete security for all.
e) The economic development will increase all over, as industries will be able to move to the most suitable locations that are closer to raw materials, cheaper labor and potential markets.
f) There will be no major changes in the internal affairs of Israel and Jordan. The present domestic policies in a province will continue as long as the other province is not affected.

December 25, 2003

PRIVATIZATION: An intriguing proposal for privatization of Pakistan Telecom Co

2005-04-18T11:17:00.000+05:00

How the Government can start receiving immediately cash proceeds from the privatization of its telecommunication monopoly without waiting for a foreign strategic buyer

The privatization of Pakistan Telecommunication Co. Ltd (PTC) involves some very basic questions. The answers to these questions will lead to an alternative proposal that will not only expedite the process of privatization but will start bringing in proceeds almost immediately.

Some of the basic questions are:
a) Why does the Government want to privatize PTC in the first place?
b) Why should a foreign "strategic investor" be sought, and that too for only a small part of the total shares – not more than 26%? (Some related questions are: What will be the foreign buyer’s own interest and objective? What will be the likely consequences of the take-over by him? What will be its impact on the phone users?)
c) How to sell the Government shares not purchased by the foreign "strategic investor?" How can these shares be sold to the entire middle class in the country as a very safe and lucrative opportunity for investment?
d) How can the stock exchanges be saved from upheavals that the sale and purchase of the PTC shares often cause?
e) How can the national security interests be protected even after the privatization of PTC?
Let us take up the questions one by one and try to find their answers.

The objectives of privatization. There are two main reasons why the Government wants to privatize Pakistan Telecommunication Co. Ltd. One objective is to make the PTC an efficient company so that it can not only meet the modern telecommunication needs of the country but also make the required investment on its own. There was some improvement after the Telephone and Telegraph Department was converted into Pakistan Telecommunication Corporation. But a bureaucratic set-up can not be turned into an efficient organization simply by giving it autonomy in some matters. Just as an elephant in the zoo will not walk away as a free animal even after its shackles are removed, the habits and the culture of the bureaucrats do not change even after they are told that they are now "autonomous" in their working.

The second objective of the Government is to get substantial funds through privatization to meet its own debt servicing obligations. The Government expects to get tens of billions of rupees with the sale of the PTC shares. Since such a huge amount may not be possible to get from our own businessmen or even through the domestic stock exchanges, the Government believes that it can do it only if some multinational corporation offers to buy its shares in the PTC (even if only a portion).

The consequences of hand-over to a foreigner buyer. What will be the consequences if shares are sold to a foreign strategic buyer and, at the same time, management is handed over to him? It will depend on his own objectives. Obviously, the strategic investor will be primarily interested in making as much money as he can. And in as short a period as possible, before the PTC monopoly in basic telephone service is over. It is as simple as that. The interests of our country will not be his primary concern.

Savings not to be passed on to users. The foreign buyer will certainly make strenuous efforts to improve the operational efficiency of the PTC. He will not hesitate even in downsizing the present level of personnel as much as he can so that he gets the maximum output per employee. He will also reduce the company’s expenditure to the barest minimum level.

The improvements, however, will be entirely in his own interest. He will be extremely reluctant to pass on the benefits of efficiency and savings to the phone users. And the Government will be hardly able to force him to reduce his rates and charges in the interest of the subscribers. (In fact, the PTC people are already telling their customers not to expect any "welfare or charity" from the company, even though it is still controlled by the Government.)

Higher rates for services. The foreign buyer will do his best to charge as much for the telecommunication services as possible in order to maximize his profit. If he is from a country which is a big world power, he will not hesitate in seeking his own government’s influence. (What the international investors in the independent power projects have been doing is a good example of what may happen.) Our Government will not be able to resist the pressures and will be compelled to allow increases in charges for phone calls and other services. In fact, it has already done so even though the foreign take-over of the PTC has yet to occur! The recent increase in the line rent and the phone installation charges provide a good example of the shape of things to come. (The Government was unable to resist external pressures to raise the rates of utilities like electricity and gas even though no foreign investors were involved.)

No new assets. The foreign buyer will not be interested in making any investment that is not recovered with maximum profit before the end of the monopoly period. It takes years to expand the telecommunication infrastructure, such as construction of new exchanges, laying of new cables, installation of new phone connections, and additions to network capacity. It will be obviously not in the foreign buyer’s interest to make long-term investments if the returns are to come after his monopoly period is over. New competitors, with better technologies and resources, will certainly reduce his rate of return.

No new long-term investment. The foreign buyer will be fully aware that the Pakistan Telecommunication Co. Ltd will have a monopoly on basic telephone service only till 2003, as provided in the Pakistan Telecommunication (Re-organization) Act, of 1996. He can exploit his position to make maximum profit only during this period. After the monopoly period is over, others will jump in the field to compete against him and force him to lower his profits. Then the foreign buyer will find out that he can no longer make as much money as he did in the beginning. He will then reconsider his priorities and look for more profitable opportunities elsewhere in the world.

If the foreign buyer believes that he can make more money elsewhere after the end of his monopoly, he will not hesitate in making his move. And it will not be difficult at all to do so. All that he will have to do will be to sell his shares to some interested party or unload them at the domestic stock exchanges. What will he leave behind? Nothing tangible at all. In other words, he will take his money and run!

The needs of the people. The phone users want some very basic improvements, and immediately:
a) They certainly expect better efficiency and service after the PTC is in private hands. And they want the savings in costs (most, if not all) to be passed on to them in the form of lower phone rates and charges.
b) They want a tremendous increase in the number of phones. (At present, there are just about two phones per 100 persons. In most developed countries, the figure is well over 50% of the population.)
c) They want improvement and expansion in the network so that phones are available also in villages, even if service in some areas has to be subsidized.
d) They want the same modern telecommunication services that users in more developed countries enjoy.
The foreign buyer will be hardly inclined to "waste" his money on doing any of these things (not to speak of all), if he does not himself get the major benefit. Nor will be feel any compulsion to do so.

Risks to national security. Even though the Government has set up the National Telecommunication Corporation to meet its internal needs, it will still have to use the PTC network for all official calls going to non-government phones and vice versa. Then, all secrets are not in the government offices alone. Therefore, many threats to national security will inevitably come from the PTC network. The foreign buyer will have no reason to worry about it. He will not bother if the country’s telecommunication network is used by subversive elements. He will also not mind if the foreign enemies of the country tap the phone lines of important people to get access to secrets of all kinds and even blackmail the prominent citizens in key positions for their nefarious purposes. (He may even help them if it suits his interests.) The security of the entire telecommunication network is vital to protect the national interests. No wonder, the developed countries do not allow foreigners to take over their phone companies even when they decide to privatize.

A local buyer as an alternative. A local strategic buyer, if available, may have the same thinking as a foreigner and try to make as much money as he can. However, he has to live in this country and cannot afford to annoy the people and the Government beyond a certain limit. He can also be expected to have at least some consideration of the national interests. A local strategic buyer, therefore, would have been certainly preferable to a foreign one. But the purchase of even the specified minimum ratio (up to 26%) of the government shares, not to speak of all, will require a huge sum. And even the wealthiest local entrepreneur may not have that much money.

The local businessmen can, however, do it collectively if they
a) bring back their money in the safe havens abroad,
b) agree to join hands in taking over a large company like PTC,
c) hire professional management to run it properly, and
d) do not allow any one of them to dominate, if not oust, the others.
This, apparently, will be a tall order!

The third alternative. When selling to a foreign buyer is not in the national interest and a local counterpart is not available, what should be the way out? Go to the people, as the wise men say.
At present, the PTC has about three million phone users. Why not offer all of its remaining shares to all of them? Collectively, they may have enough purchasing capacity to buy all shares that are held by the Government at present. Of course, all will not get the same number of shares. Some of them may be able to buy only a small number of shares while others may be able to get big lots. How to do it?

An offer letter to all subscribers. Pakistan Telecommunication Co. Ltd may issue an offer for the sale of its shares to every one of its phone subscribers in the country. The letter, in Urdu, may explain the benefits of buying the PTC shares and the procedure for their purchase.
Special arrangement will be needed for the printing of the phone bills for the month during which the offer of shares is to be made. A letter from the PTC, offering the shares to every subscriber, may be printed by the computers immediately after a subscriber’s bill, bearing his phone number, name and address exactly as it appears on the bill. In other words, the offer letter will be a part of every phone bill before the next bill is printed. Thus, the offer letter will be delivered to every subscriber along with the phone bill for the particular month.

At the bottom of the offer letter will be a form in which the subscriber will fill in the number of shares (in figures as well as words) that he wants to buy and enter the equivalent amount that he will pay. (The minimum number of shares to be purchased by a subscriber should be 100, worth Rs 1000 – 100 shares X Rs 10 per share – with no limit for the maximum purchase.) Then he will pay the total amount at any bank branch, post office or the PTC service center, within a specified period, say 60 days from the issue date of the offer. As a proof of payment, the subscriber will retain the counterfoil of the offer letter, duly stamped and signed by the bank, post office or the PTC service center.

The payments from the sale of shares will be deposited by the banks, Pakistan Post Office and the PTC directly with the State Bank towards the retirement of public debts because that is one of the primary objectives of the privatization.

Offer to be repeated. The PTC will offer its shares to the phone subscribers regularly, once a quarter or once in every six months. This will facilitate purchases by the small buyers, who do not have large idle funds and can buy shares from their savings only at intervals. PTC will also offer its shares, without any maximum limit, to every new subscriber when it issues a Demand Note to him for a new phone connection. As a result, the paid-up capital of PTC will continue to grow while simultaneously it will get additional interest-free funds to finance expansion and modernization. A great bonus, no doubt.

The PTC will issue a letter of allotment of shares to the subscribers immediately after receiving their payments. The share certificates will be deposited with the Central Depositary Co. (It is already being done for the present shareholders so that the problems and risks of actual handling of share certificates are avoided.)

No premium on shares. The shares will be sold to the phone subscribers at face value and no premium will be charged. The reasoning is simple. The PTC is owned by the nation itself. The Government is only a representative of the people, or an attorney, so to speak, not the real owner. If the value of the PTC shares is more than its face value, it is because of the customers of the PTC. It is they whose payments enable the PTC to earn a profit, which raises the value of the shares. Therefore, the Government, being only a manager of the PTC, cannot ask the nation – the real owner – to pay any premium on the shares.

Direct sale and purchase. The sale and purchase of shares will be only between the PTC and its phone subscribers. If a subscriber wants to sell his shares, he will surrender his allotment letter against a receipt at the nearest PTC revenue office or service center. The PTC revenue office of the area, which issues monthly bills to the subscriber, will immediately give credit to the subscriber’s account for the total value of the surrendered shares, while sending the allotment letter to the PTC head office for cancellation. The credit amount will then be adjusted in the monthly phone bills of the subscriber.

This arrangement will have a great benefit. The subscriber will get his payment for the shares while the PTC will not have to strain its cash reserves. (If the amount is too large to be adjusted within six months, keeping in view the average monthly phone bill, the PTC shall pay through a pay order or a bank draft, to be issued within 15 days.

Payment of dividends. The payment of dividends will also be through credit to the account of the subscriber-shareholder. As soon as the dividend is declared, whether interim or final, the amount will be credited directly to the accounts of all subscribers-shareholders. The great advantage of this arrangement will be that the PTC will not have to spend a huge amount on the preparation, issue and safe delivery of dividend vouchers to the subscribers. It will also save a similar amount on the payment of dividends through banks. The PTC will have to neither deduct this extra expenditure from the total dividend amount nor add to the company’s normal expenses. In either case, the subscribers will be the beneficiaries.

Benefits of being a phone user as well as a shareholder. The PTC’s subscribers will benefit in several ways as its shareholders:
a) They will get the entire profit that accrues to the PTC. And they will deserve it. After all, the profit will come from what they themselves pay to the PTC through their monthly phone bills.
b) They will get the benefit in the form of higher dividends in case of any savings due to improvements in the efficiency of the PTC operations and the reduction in its expenditure.
c) The ordinary phone services will improve tremendously because the subscribers will be also be the owners of the company. The employees of the PTC, therefore, will be much more attentive to their problems.
d) As the PTC network expands, more and more people will have phones and will at the same time become the shareholders of PTC. The new subscribers-shareholders too will have an attractive opportunity to invest their savings.

Conclusion. On the whole, the implementation of this proposal will have the following main benefits:
a) The process of privatization can be started immediately. There will be no need to waste time in making any preparations.
b) The privatization will be done on "as is" basis, without any need for any detailed studies. Nor any structural changes will be required.
c) The PTC will have the widest possible ownership base, with no individual or group becoming the majority shareholder. As a result, there will be no pressures to increase profits at the cost of the phone users.
d) The capital base of the company will continue to expand, allowing it to have interest-free funds to invest in the expansion of its infrastructure. In other words, the expansion and its financing will occur simultaneously.
e) The middle class investors will get an opportunity for a very safe and profitable investment.
f) Despite the huge volume of the PTC shares, there will be no volatile effect on the stock exchanges because the shares will be sold and purchased directly by the PTC.
g) In a unique situation, the shareholders will also be the customers of the PTC and will be the direct beneficiaries of both lower costs and higher profits.
h) With the entire management being Pakistani, the security of the telecommunications and protection of national interests will be ensured.
i) The Government may retain a small minority share in order to benefit from the profitability of the PTC and keep the management from taking any steps that may be against the national interest.

The final way out. Despite very solid reasons and overwhelming benefits, the Government may still not be able to adopt the present proposal in full. The affairs of state, unfortunately, do not always follow the straight logical path. Pressures of all kinds come from vested interests, here or abroad, and cannot be always resisted successfully. Compromises have to be made because of unavoidable expediencies. Therefore, the Government may still not be able to abandon the plan to involve a foreign strategic investor. But, in the national interest, it can certainly improve the conditions for the deal.

The prospective strategic investor is being offered up to 26% of the total shares. In addition to the payment for these shares, he may also be required to guarantee that he will invest an equivalent amount within three years of taking over in the improvement and expansion of the physical infrastructure of the PTC. (The improvements will include the construction of new telephone exchanges, the replacement of the worn-out equipment in present exchanges and the setting up of new networks, etc.). In order to enhance his stake, the new investment in the physical assets will be from the investor’s own sources, not a loan taken on behalf of PTC.
Irrespective of when the foreign strategic investor takes over, the Government can offer right away its own shares to the phone subscribers, as suggested in this proposal, because there is no bar of any kind in implementing it immediately. (After all, it has to sell its own remaining shares even after a strategic foreign buyer does come along.) In fact, promptness will be in the Government’s own interest because proceeds in cash will start flowing in immediately and will help in meeting its short-term debt obligations.

Waiting in vain for a white knight. There is another and a very fundamental reason why the Government should not keep on waiting for a foreign strategic buyer. For several years now (since 1990), every successive Government has been waiting for him. But, like all one-sided love affairs, the ardent desires of the Government remained unrequited. There has been no positive response, only false promises at the most. It may take some more time before the Government finally realizes that its pursuit of a foreign prince charming is in vain.
Why a foreign strategic investor has not been coming forth? The reasons are not hard to find out. According to media reports and some other indications, the prospective strategic investors see many negative factors:
a) A proper and comprehensive evaluation of the PTC assets and liabilities is not available.
b) There are huge liabilities in the form of outstanding dues that PTC has been unable to recover from the influential defaulters.
c) The employee unions are strong enough to cause serious problems for the new management.
d) There are far too many employees to run the operations efficiently and economically.
e) The prospects for profitability are not rosy because the local phone call rates are too low for good profits.
f) The earnings from international calls, about half of PTC’s revenue, may soon evaporate due to (a) strong international pressures, especially from the US Federal Communications Commission, to reduce the accounting rates, and (b) the shifting of normal phone calls to the Internet despite desperate attempts to prevent it.

The Government may continue to wait for a foreign strategic investor, if it has to, but it can start selling its shares to its own people without wasting any more time. (After all, the foreign buyer will pay, in any case, for not more than 26% of the shares.) Excluding the shares already sold, that will still leave more than half of the total. There is no reason not to start selling them right now.

March 03, 2003

LOCAL GOVT: Self-financing office complexes in all districts

2005-04-13T11:56:00.000+05:00

As population increases, the functions of the government departments also increase. Consequently, the need for additional office space is felt in almost all districts. New offices are being set up in the districts which were created recently. The situation is, however, becoming critical in the old districts. Every available covered area is being used on ad hoc basis, causing great congestion and consequent loss in efficiency. It is proposed that a standard design be prepared for district office complexes. The offices of all government departments should be accommodated in the complex.

Advantages. The proposed complex will have the following advantages:
a) great economy in building costs,
b) saving in providing common services, like water supply, severage, electricity, etc.
c) possibility of providing a telephone exchange to work as common intercom for all departments, making all inter-department and intra department calls prompt, easy and free of cost.
d) possibility of providing common telecommunications facilities for all departments, like hotlines and fax,
e) much better coordination between various departments,
f) great savings in time and transport costs for official meetings,
g) great convenience for the public to get everything done at one place even if contact with different departments is required.

Main features. The standard design should have the following main features:
Land. Fortunately, the land available in almost all old district headquarters is adequate to meet the increasing needs. The covered area met only the needs that were felt several decades ago, with abundant space left all around them.
Multi-storey. The main building should be designed for at least 10-15 floors, even if only one floor is needed for the present. The extra cost will be only for the foundations but the addition of new floors will be easy and cost very little, making it very economical in the long run.
Frame structure. All buildings in the complex should be designed with a frame structure. This will turn every floor into a one huge hall, which may then be partitioned and repartitioned into rooms of various sizes and shapes as and when the requirements change. The changes will be made by simply removing and rebuilding thin partition walls, without disturbing the roof or the floor.
Central airconditioning. The design of the complex should allow for central airconditioning even if it is not done immediately. The provision for ducting and space for the airconditioning units may be made while the installation may be done when the resources permit.
Lifts. The design should provide for adequate number of lifts to meet the maximum requirements after all storeys have been built. Initially, only the number of required lifts may be installed.
Parking. The complex must have parking space several times more than the present needs in order to accommodate the additional vehicles of the departments and the public in future as economic development increases. Provision for underground parking of official vehicles will ensure their security against possibility of sabotage attacks.
Lock-ups. Secure lock-ups should be provided in the same building and preferably on the same floor on which the courts will be located. The prisoners under trial may be kept there during the hearings. This will avoid the problems caused by transport of the accused to and from jail, including the possibility of their escape. The possibility of attacks on the accused by opponents during transport will also be eliminated.

Implementation. The first question that arises is that of finance. It will be extremely difficult to divert huge amounts for building the proposed complexes in all districts.
The Government, however, need not provide any funds as the entire project will be self-financed.

The Government may invite private companies to submit offers for the preparation of design and then the construction of the proposed complexes. The offer should have the following major features:
a) The private party will form a company, known as Office Building Company, with the Government having only a minority share, not more than 30% in any case.
b) The land available at present at the district offices will be provided to the Company on lease, which will continue as long as the Company owns and maintains the complex.
c) The Company may give the ground and one or two upper floors on rent to private parties on rent provide it does not cause too much traffic, congestion and inconvenience for the government offices. The rent will be at market rates.
d) The rent for the space utilized by the Government will not be that of the local market but will be determined on a basis that gives a fair return to the Company on its investment.
e) The Government shall pay rent in lumpsum and directly to the Company for the space occupied by the offices of its various departments. The departments will approach the Government if they need additional space and, if approved, the Government will ask the Company to provide the required space if already available or arrange for the construction of additional floor(s).
f) The maintenance of the complex will be the responsibility of the Company in accordance with the agreed terms.
g) The Company will arrange for the required finance from its own sources. The Government may, if possible, provide some loan, which may be adjusted against payment of rent.

Phases. The project should be completed in phases. The Company may take up construction in about five or six districts at a time. This will help in avoiding many problems.
After the district complexes are complete, the Company can undertake the construction of similar complexes even at the tehsil/subdivision level.

This article was reformatted on July 27, 1996. Originally saved on May 26, 1990.

COMPUTING: How the wrong choice of a script for Urdu hindered use of computers

2005-04-13T11:49:00.000+05:00

The path for the introduction of new technology is seldom smooth or short. For personal computing in Urdu, it was not only tortuous but also very long. The people, who were supposed to give the direction, themselves took a wrong turn. Rather than following the users of the other Arabic script languages, who had adopted a character-based version of the script, an attempt was made to apply the computer technology to a primarily ligature-based script, which was not worth the time, effort and money, even if ultimately achievable. In the process, about two decades were lost, huge waste of resources.

The problem caused by a ligature-based script is not unique to Pakistan. Many non-Latin languages face a similar problem because of their ligatures. These include the national languages of Bangladesh and Sri Lanka and the Indian languages, particularly those related to Sanskrit. Their problem, however, is mitigated by the fact that the number of ligatures for these languages is only in hundreds, while it runs into thousands in case of Urdu. Consequently, the companies producing types for use in their hot-metal machines for commercial printing, like Linotype and Monotype, managed to design types for these languages but not for Urdu. Therefore, until recent years, Urdu was the only major language that depended entirely on calligraphists for composing text of books, magazines, and even daily newspapers. The publications in Arabic and Farsi still use calligraphists but only for titles, headlines and for special effects.

This paper aims at highlighting the problem that is hindering the use of computers for ligature-based scripts. UNICODE, accepted internationally, allows the allocation of a code each for every characters of every written language of the world. For compatibility and convenience, it is desirable that the script should also be character-based. There may be special needs, like as the use of ligatures like “ffi” and “fi” in English books for aesthetic reasons, but such exceptions do not cause any problem in computing.

It was ironical that all this happened in a country, which was one of the pioneers in the adoption of the personal computer. While many developing countries were merely talking and thinking about the use of personal computer, Pakistan took a lead in early 1980s by making its import free, both literally and figuratively. Those were the days of very restricted international trade, with no imports allowed unless specifically included in the list of importable items. Then there were heavy customs duties as a further discouragement. However, the import of personal computers was allowed without any restrictions. The customs duty was also waived completely soon afterwards and the exemption has continued since then, even during the times of financial crises. The Government has always treated the personal computer as an educational tool, not business equipment.

Besides personal computing, Pakistan was also far ahead of its neighbors in starting the use of Internet. BrainNet, a pioneer organization owned by three Alvi brothers, Shahid, Amjad and Basit, introduced email service in late 1980s and the Internet service in early 1990s. Other aggressive operators soon followed them. Internet is now available to three-fourth of the entire population. The connection charges are also coming down.

Naskh versus Nasta’lique. Ironically, the encouraging trend in the use of personal computers did not lead to similar growth in its use for Urdu. One reason, of course, was the widespread use of English as the language of government, business and education, a legacy of the British colonial rule. The main cause, however, has been the preference for the Nasta’lique form of the Arabic script for Urdu, which caused problems similar to those that the Chinese language faced, because it too uses thousands of ligatures.

Nasta’lique is similar in basic structure to Naskh, which is used for Arabic as well as other language that are written in the Arabic script, such as Farsi, Kurdish, Uighur (the language of the Turkic people of the Xinjiang region in China), and Jawi (in Malaysia and Indonesia). Naskh, ironically, is used also for all regional languages of Pakistan. (More about it a little later.) Naskh is taken as a representative of all other character-based type styles because it happens to be the most widely used for various purposes.

Nasta’lique was designed in Iran for Farsi in the early part of the Second Millennium, primarily to be different from Arabic because of historical rivalry. Since Farsi was the court language also of the Mughal rulers of India, Nasta’lique was the official script in the capital Delhi for centuries. It was also adopted for Urdu when the language emerged later as the lingua franca of India. Since calligraphy was the only way in those days to produce books, there was no problem until type was introduced in South Asia in late 18th century.

There was an opposite trend in the regions, which were far away from Delhi and hence remained practically independent of the central government there. In these areas, which were predominantly Muslim, the Arabic script was quite familiar because of the Holy Quran, which everybody learnt to read. Since Naskh was always used for the Holy Quran (even in the areas of the world where Nasta’lique was used for all other purposes), the familiarity of the script made it the obvious choice for the regional languages. Naskh was, therefore, the standard script even during the calligraphy days for Sindhi, Pashto, Balochi, Brahvi and Kashmiri.

Punjabi was the only exception because Farsi was the court language of the Punjab also as late as the mid-19th century even though the Sikh rulers were non-Muslims. The local Farsi tradition and the influence of the Urdu-speaking officials from the capital (Delhi), who accompanied the British rulers into the Punjab after the defeat of the Sikhs, combined to make Nasta’lique the standard script for the Punjabi language also.

For thousands of years, all writings in all languages were by hand. Using the freedom of creativity, the calligraphists applied their artistic and graphic capabilities and developed completely new scripts. They molded and modified individual letters of a script for aesthetic reasons, and created combinations of characters in the process that later came to be known as ligatures. The problem arose for the character-based scripts only after the invention of movable type. The ligatures, however, are not unique to Nasta’lique. The ligatures, such as “ff,” “ffi,” and “fi,” were used right from the beginning in the Latin script languages due to aesthetic reasons. However, these could be avoided if necessary. For example, the typewriters for Latin script never provided for ligatures due to technical limitations. Since the typewritten text was quite readable without the ligatures, the users learned to live with it. It was in printing that ligatures were considered necessary and had to be provided. Their number, however, was never large. On the other hand, every South Asian language with its own script always had the ligatures ever since mechanical type composing became available, with the number running into hundreds. But that is still a fraction of what is required for Nasta’lique! No wonder a typewriter could never be produced for it.

The introduction of typesetting. Nasta’lique has the same alphabetical characters and the variations in the shapes (initial, middle, final and independent) of various characters. The difference lies in the way the characters are placed on a base line. Naskh follows more or less the pattern of the Latin script, with one character following the other on the same base line. In Nasta’lique, some character shapes are placed vertically or in a slope to the preceding character. While a calligraphist could place these character shapes on a line quite easily, a personal computer could not, at least not in the early days.

The mechanical type composing machines replaced calligraphy during the 19th century for other Arabic script languages, using Naskh. There was a pressure even then from the traditionalists to use Nasta’lique for hand or mechanical typesetting but the technical limitations at that time were much worse than for the early personal computer. Therefore, Urdu did not fully convert to typesetting.

Several attempts were made to design a type font for Nasta’lique but the results were not acceptable. Therefore, Naskh was the only alternative if type was to be used. Interestingly, Naskh (in a modified form) was adopted in Iran itself, the birthplace of Nasta’lique. Except for Farsi, no language using the Arabic script had adopted Nasta’lique at any time, even before the invention of type. Hence, their switchover from calligraphy to type (and later to computer) was naturally smooth and prompt.

The resistance to the switchover to typesetting for Urdu got support also from the economic factor. A calligraphist was paid much less than a type compositor. Moreover, unlike mechanical composing, there was no investment required by a printer for using calligraphy. (A calligraphist, called katib in Urdu, learnt his trade on his own before seeking work.) As a result, most Urdu publishers reverted to calligraphy and the trend continued for several decades until 1980s.
However, despite higher costs, some publishers (especially Maktaba-i Jadeed and Urdu Science Board, both of Lahore) did use mechanical typesetting in Naskh for encyclopedias, major dictionaries and other larger reference works and quality books. They saw some overwhelming advantages, such as speedier input, easier corrections, better page design, faster space fitting. Most important was the perfect uniformity in output, which was extremely difficult to maintain while many calligraphists were doing the same book.

During late 1950s, in a first attempt to use mechanical typesetting for a newspaper, Lahore-based national Urdu daily, Nawa-i-Waqt, asked Linotype, the well-known manufacturer of typesetting equipment for newspapers, to create a font for it. Unfortunately, the designers of the type style attempted to come close to Nasta’lique and produced what was not very readable. It would have been much better if Linotype had modified for Urdu the common, and far more readable, Naskh font that was being used on its machines for the Arabic newspapers. The Nawa-i-Waqt readers, two-thirds of whom welcomed the use of type in a survey by the newspaper, complained about the poor readability of the type style. The creation of hot metal molds for another font would have been very expensive. As a result, the owner-editor of the newspaper, Hameed Nizami, had to abandon his pioneering effort. During 1970s, Mir Khalil-ur-Rehman, owner-publisher of the leading Karachi-based daily, Jang, started using Naskh phototypesetting equipment for some editorial matter to prepare his readers for a change. He would have switched over completely to Naskh in phases if Noori Nasta’lique had not emerged in the meantime. (More about it a little later.)

Early software for Urdu. The personal computers in the early days had very limited processing power, memory and storage but still could handle the character-based Naskh. Therefore, several enthusiastic developers worked on software for Urdu word processing. No attempt was, however, made to modify the Arabic software for Urdu though adding the extra characters required could do it much more easily and economically.

There were three main reasons why this modification was not done. First reason was the lack of awareness. The companies, which had created the word processing software for Arabic, never realized the potential of the market for Urdu, which is spoken by more people than all speakers of Arabic put together. The Arabic market attracted great interest and investment also because of the oil boom in the region during that period. But the Arabic software engineers never realized that they could tap the huge Urdu market by doing nothing more than adding some extra characters to their font.

The second reason was the fixation, or rather infatuation, for Nasta’lique, mostly among the old people, who unfortunately were also the decision-makers. Therefore, the software developers tried to design a font as close to Nasta’lique as possible, even if it could not be the real thing due to severe technical limitations of the personal computer at that time. Since they did not use the Arabic software as the base, they had to do everything from the scratch. And, to make it worse, they all chose different paths. That made their programs incompatible with one another, making it impossible to save a file in one program and open it with another one. No organization or collective body tried coordination and standardization.

The third reason was the lack of sufficient investment, both by the government and by the private sector. As English continued to be the official language, at least at the highest levels, there was no compelling urgency to develop software for Urdu. The private sector, on the other hand, was not sure of adequate return when the government, which could be the largest single buyer, was not deeply involved, and large business companies were quite happy with English software whenever they decided to use personal computers in their offices.

Due to these reasons, the software developed for Urdu turned out to be barely adequate (especially when compared with the sophisticated packages for English), very expensive due to low sales and unattractive to users due to lack of compatibility among various packages.

Nasta’lique for phototypesetting. While the progress in the use of Urdu in personal computers was severely restricted, a major effort was made to make Nasta’lique available for photocomposing in commercial printing by Ahmad Jameel, an artist and later a leading printer of Karachi. (The following account of his product is taken from his interview, published in Karachi Urdu monthly, Science Digest, of 1983.)

In 1979, Ahmad Jameel saw a demonstration of the phototypesetting equipment for the Chinese language in an exhibition in Singapore. The manufacturer was Monotype Corporation, the British firm that had been making for about a hundred years mechanical typesetting equipment for many non-Latin script languages, especially of South Asia. The equipment was based on a patented technology that allowed perforation of a paper tape on a separate keyboard. The tape was then fed into a typecasting machine that produced every character individually. (Since the handling of individual characters was very difficult during a rush against deadlines, Linotype, another patented technology, was developed to produce column-wide solid lines of type to meet the needs of the newspaper industry.)

Monotype, with its vast experience in Arabic script languages, had maintained its hold on the market after phototypesetting technology began replacing the hot metal equipment in 1960s, using its typefaces of the earlier days in the new technology. To make Nasta’lique available was, however, still very difficult. The technology developed for the Chinese language was adequate for Nasta’lique also but there were not enough commercial prospects to justify the needed investment.

The basic requirement for producing a Nasta’lique font was the calligraphy on separate cards of all possible ligatures, which could be combined to produce words required for all types of work in Urdu. Ahmad Jameel offered to do the design work on ligatures on his own and at his own cost, leaving only scanning and subsequent steps to the firm’s engineers.

The task was so demanding and laborious that even the best Urdu calligraphists were either not capable or were not willing to do it. Consequently, helped by his artistic background, Jameel himself painstakingly did the calligraphy of 18,000 ligatures for his script, which he named “Noori Nasta’lique,” after his calligraphist and artist father, Noor Ahmad. The script was formally unveiled on December 6, 1980. Still, as experience showed, there were words for which no ligatures had been provided in the font. It was quite ironical that in such cases the machine was programmed to switch automatically to the Naskh script, proving the superiority of the character-based script. (The company kept on adding ligatures for new or missed words as the customers pointed out the omissions, especially in newspapers.)

Despite Jameel’s financial contribution, the investment of the company on the development work was so large that a single machine cost Rs 6,000,000, and that too CIF Karachi, before payment of any customs duties. (In comparison, a phototypesetting machine with Naskh for Urdu cost about one-fifth, even after payment of all duties and taxes.) Still there appeared on the scene an enthusiastic buyer for the Monotype machine. Mir Khalil-ur-Rehman, the founder and owner of the Jang Group of newspapers, was very keen to use the Noori Nasta’lique for the new edition from Lahore of his flagship “Jang” newspaper, started in October 1981. His experience at the Karachi edition had made him search for an alternative to the calligraphists, whom he considered no longer worth the money they were paid, nor able to meet the speed requirements of the modern newspaper production.

There were, however, few other takers of the expensive new technology. According to newspaper reports, the Government was persuaded to exempt the first 10 machines from customs duties and taxes and buy some machines for its own printing organizations. The tax-free machines were sold ultimately but there was no further demand.

A cheaper version. The demand for Nasta’lique at an affordable cost persuaded some young computer engineers to break the protection code of the Noori Nasta’lique and make the software available clandestinely on personal computers at a fraction of the price of the original. Monotype, faced with no further demand for its product, marketed a more affordable version but met with limited success.

When the personal computers practically took over the input work for typesetting, an Indian affiliate of Monotype developed a software package for Urdu, called “InPage,” which is marketed by Monotype and is used on its typesetting machines for output on film. Monotype, which has the copyright on Noori Nasta’lique font, allowed it to be incorporated into InPage. A “dongle” or hardware protection was added to prevent piracy. Its high price, however, tempted the hackers and a pirated version is now available at less than Rs 50.

InPage provides only the basic features of a word processing program. It pales before the sophisticated software for English, such as Microsoft Word, though its price is quite high (about US$350). While the firm will expect a substantial market to justify further investment on a major revision of the current version, the buyers will want a price that is in keeping with their own purchasing power. A customer in a developing country cannot afford to pay a price what may be justifiable in a country like the US. The dilemma may continue, with only some corporate users (like newspaper and magazine publishers) buying the authorized InPage, while others going for the pirated version.

Monotype, as a commercial organization, is naturally not happy over the situation. It may want to improve and promote the software but cannot make the required investment unless there are good prospects for a reasonable return. The position of other word processing packages for Urdu is about the same or worse. They face the same vicious circle: high price, low sales, small return on investment, low funds for further research and development.

Ahmad Jameel is probably the only relevant person who is not unhappy! He did not make any money to begin with. (In fact, he spent a lot of his own money on the project.) And the lack of substantial sales due to piracy does not offer better prospects for the future. But he is happy that his creation is serving the Urdu language. He said in a recent magazine interview that he was satisfied that his labor of love contributed to the use of Nasta’lique in Urdu publications.

The fall of Naskh. The dominance of Nasta’lique for Urdu would have ended but for a reversal caused by the impromptu action of the head of the government in 1984. Twenty years earlier, President Ayub Khan called a meeting of the experts and sought their opinion on making Naskh the official script. Ayub Khan himself was in its favor for three reasons:
a) As the country was entirely Muslim, every child learnt to read the Holy Qur’an. Since the holy book was always in Naskh, a child would have no difficulty in learning to read Urdu if it was also written in Naskh.
b) Since the regional languages were written in Naskh, the use of the same script would bring the national language closer to them.
c) The use of Naskh would create greater affinity with the Arab countries, which used the same script. (Pakistan International Airlines uses Naskh in its logo, causing a positive impact on the Arabs and other Muslims.)

The reasons, and that too coming from an army man, impressed the experts, as stated by Ishfaque Ahmad, a great writer and intellectual, and a participant of the meeting. The experts had their own reasons in favor of Naskh:
a) It allowed the addition of diacritical marks (zer, zabar, pesh), essential for correct pronunciation by children and newly literates;
b) It enabled the use of the more efficient and economical printing typesetting equipment, developed for Arabic and other languages;
c) It provided a variety of type styles for graphic designs, like other character-based fonts;
d) It could allow input of Urdu into the computers (which were mainly mainframes and minis at that time).

With the approval of the experts, the decision was taken to adopt Naskh for Urdu in all official uses. It applied also to all textbooks for schools and colleges. The decision, unfortunately, remained confined to the government. Its adoption was voluntary for the private sector. Since calligraphists were quite economical and available in abundance in those days, even the publishers of major newspapers did not purchase the phototypesetting equipment for Naskh. The same applied to publishers of magazines and books. And most calligraphists, who were trained only in Nasta’lique, were not willing to devote time and effort to learn and practice Naskh.

Consequently, while all children had their books only in Naskh, the readers of daily newspapers, magazines and general books saw only Nasta’lique. The Government did not realize the consequences of the dichotomy and allowed it to continue. Ultimately, the rising wages of the calligraphists and the falling prices of the phototypesetting equipment would have forced the private publishers to switch over to Naskh if the Noori Nasta’lique had not emerged in early 1980s – and another army man had not reversed the decision of his predecessor.

Gen. Zia-ul-Haq had great respect for teachers. In 1984, an old teacher complained to him that “the handwriting of children had deteriorated drastically after the adoption of Naskh for their textbooks.” For him there was no alternative to Nasta’lique and he suggested the reversal of Ayub Khan’s policy. (The teacher failed to realize that all languages written in the Arabic script had different styles for printing and handwriting, just as the Latin script languages do, and the children and others would evolve their own in due course of time.) With no ideas of his own, Gen. Zia promptly agreed. Without allowing a debate on the subject and consulting experts, he reintroduced Nasta’lique in all official uses, including textbooks.

The need to return to Naskh for use in computers is still pressing. At the same time, it is easier to meet it. Now, after years of development, Microsoft Windows XP and Office XP provide full support to Urdu in Naskh script. As a result, we can use the very advanced features of the software, for not only word processing but also database, spreadsheet, etc. The Urdu users can enjoy the same facilities that are available for English worldwide.

President Gen. Pervez Musharraf has brought about major reforms since he took over. He may undo the harm caused by the thoughtless reversal of policy and reintroduce Naskh as the official script for all purposes, including education, science and technology. The private sector may also be asked to switch over to Naskh. With the use of coputers, it should be only a matter of pressing a few keys.

INTERNET: How Internet will impact the media

2005-04-13T11:41:00.000+05:00

Internet will be the most important prime mover of change for our print and electronic media as we cross the threshold of the next century. It will bring about the greatest revolution in mass communications since the invention of moveable type for printing. Unlike the previous one, which took centuries in reaching all parts of the world, the present revolution has already made its impact globally within a few years after its introduction.

The use of previous technologies was primarily a matter of choice for the publisher or the broadcaster. The newspaper reader was not even aware of hot metal or photo-composing, and letterpress or offset printing. Similarly, a radio or television broadcaster could make his own choice of technology. The adoption of Internet, however, has become a compulsion for both the publisher and the broadcaster. This technology truly has a mass appeal and the readers and viewers expect its use as soon as they become aware of its advantages. Therefore, the Internet will take only a short period in transforming the mass communications even in the developing countries.

Inertia of conservatism. Inertia, however, will be the biggest hurdle in the widespread use of Internet. Our editors, who are supposed to be the harbingers of change, are surprisingly themselves extremely conservative in adopting new technologies relating to their own job. Teletype, for example, was widely used by the Euro-American dailies for decades until personal computers replaced it. But our English newspapers never asked the APP and PPI to provide it despite its great advantage of automatic typesetting of news agency feeds. They could save much time and labor every day in composing and proofreading stories that did not require editing, such as stock exchange quotations, sports results, texts of official announcements and speeches, even many foreign and national stories.

Many other things could have been done for improvement. Many of the technologies that provide a platform today for the Internet were available years ago. Over 13 years ago, I prepared a report for the modernization of the Associated Press of Pakistan. The technologies and processes that were recommended in the report for reporting, editing, transmission, etc. of news were not much different from what we shall be seeing in the near future. Nor was the cost prohibitive. For a very small amount, the agency could have not only modernized itself completely (including getting rid of teleprinters), but also become able to provide its news service in English as well as Urdu without any extra cost! It would have also reduced drastically the composing costs of both the English and Urdu dailies. Just imagine how much improved our media would have been by now if the proposals had been implemented.

The conservatism in the media persists and is already slowing the adoption of Internet. The use of email, for example, is still rare in all media. Very few give as much importance to email as to phone and fax, even though it is more reliable, faster and far more economical than either of the two. There is also very little coverage of the information technology both in the print and electronic media because the editors themselves don’t know much about it!

The Internet, however, has gained such a momentum on its own that the newspaper, radio, television and other media will soon be overwhelmed by it. The question is not of if but of when Internet will be fully embraced.

The way to paradigm changes. The complete adoption of Internet will have a profound impact on our media. It will bring about paradigm changes not only in the processes, like reporting and editing, but also transform the very nature of the media.

Reporting will be an entirely new kind of process. The pen and notebook may remain in a reporter’s pocket for the time being, but he will be pounding on the keyboard of a very small computer for writing a story. The moment a story is done, it will be on its way to the destination. (As we shall see a little later, it will apply to stories in Urdu also.)

The reporter will no longer be writing just stories. He will be using a digital camera for taking pictures that will accompany his stories. (The extra payment for pictures – which will be in color – will easily justify the purchase of the camera, even if he has to buy it on his own.) There will be no developing and printing of film, nor delays in the delivery of prints by a courier. In fact, the pictures will be ready before even the story is written! Even if a reporter is not a good photographer, it will not matter because his editors will easily remove the defects in his pictures.
A story and the accompanying pictures may reach the newspaper as email attachments wherever the reporter may happen to be. He will, in fact, no longer be bound to his office or tethered to the wire of an ordinary telephone. Even the remote villages will soon have wireless (but fixed) phones, which are already being installed by private companies in tens of thousands in collaboration with Pakistan Telecommunication Co. Ltd. Then there will be the cellular mobile phone, which will provide Internet connection, and will be cheaper and much more ubiquitous than at present.

If the editor is not satisfied or wants more details, he will not hesitate in calling the reporter wherever he may be, even in the remotest areas. A trunk call will no longer be an expensive affair. In December 2002, the monopoly of Pakistan Telecommunication Co. Ltd will be over. With the dawn of the New Year, the Internet service providers will introduce Internet telephony legally. A phone call will then cost only Rs 30 t0 40 per hour (at present connection charges), irrespective of the reporter being in Nushki, Nawabshah, Nowshera or New York!

An alternative to a phone call will be what is called “chatting” in the Internet jargon. It is conversation in writing on an Internet connection, with words and sentences being typed alternately by the participants, just as they speak on a phone. When coordinated reporting on a major story is required, the reporters and editors may chat with one another simultaneously.
Editors will have a much more harried life. Internet will be bringing to their computer monitors stories and pictures every minute in an unceasing stream. As if it was not enough, it will also be impossible to finish a story and forget about it because updates will be constantly pouring in. The radio and television will be coping with the problem by broadcasting more and more bulletins. (A news channel of the Pakistan Television is on its way. How far behind will be Radio Pakistan?)

The print editors, by the nature of their medium, will be torn in two opposite directions. On one hand, they will have to prepare complete and comprehensive stories for the morning edition. On the other hand, many dailies will have web sites, where latest news will be placed literally every minute, with revisions and updating round the clock. (There may be pressures to bring out several editions of dailies during the day but the production and distribution costs will be prohibitive for most of the publishers. There may also be little demand from the readers, who have money and time for just one paper a day.)

Not just the news. The stories in the next morning’s edition will also require a completely different treatment. The Internet (along with the frequent news bulletins of radio and television) would have already given most of the W’s of a story. The only one left will be Why (and to some extent also How). While giving the basic facts, a story will have to concentrate on analysis and background if a reader is expected to read it the next morning.

The newsmagazines have a much harder time. Some years ago, the Time magazine decided to study its own future. The cable news channels, and later the Internet, took the bottom out of the newsmagazine’s primary function of providing a summary of the week’s news. It concluded that the only way it could survive in the age of instant news was by providing depth, background and analysis of events and trends. So, you will today find Time (and, inevitably, Newsweek) to be very different from what it used to be. And the cost of inertia? A leading Indian newsmagazine, Sunday, lost half of its circulation because it failed to change.

News stories for the media are no longer scarce. Internet has opened the floodgates of news about all parts of the world and on all imaginable subjects. Thousands of newspapers and magazines already have their web sites and more are joining them every day. Then many new specialized agencies cover various fields. Gone are the days when a few international news agencies controlled the flow of news because only they had the worldwide network for the distribution of news. Now many alternatives are available, including original sources of various countries. If, for example, an editor wants to give more coverage to the Muslim World, he will have no difficulty in getting all the stories (and pictures) that he can publish.

The Internet will bring some relief to the space problems of newspapers. The editors always struggle to put in all the stories for fear of missing any important one but the number of pages fixed by the publishers frustrate their efforts. With Internet, the editors will be able to place full texts, lengthy details and less important stories on their web sites when they can’t have enough space in the paper edition.

Equal opportunity for Urdu. The Urdu newspapers, which have always lagged behind their English contemporaries, will not find it difficult this time to catch up technologically. In the early days, a computer could use only 128 characters (in the 8-bit ASCII code), which were obviously not enough. A subsequent code, EBCDIC, doubled the number of characters (letters, numbers, punctuation, etc.) but that again did not go far enough.

Finally, after the technical limitations were overcome, the computer industry adopted the UNICODE, a 16-bit character-encoding standard, developed by the Unicode Consortium between 1988 and 1991. By using two bytes to represent every character, UNICODE enables almost all of the written languages of the world to be represented using a single character set. Approximately 39,000 of the 65,536 possible UNICODE character codes have been assigned to date, 21,000 of them being used for Chinese ideographs. The remaining combinations are open for expansion.

It is understood that Microsoft will provide full support for Urdu in Windows 2000, making it possible to use the computer in our own language exactly the same way it is done in English. (By the way, it will also be possible to use computers for all of our regional languages with the same ease if character codes for them are assigned!)

Despite the technical limitations, however, we could have still expedited the use of Urdu computing if we had simply followed and adapted whatever research and development was being done for computing in Arabic. (And it was quite a lot, because of the petro-dollars flowing around in the 1970s and 1980s.) Unfortunately, we insisted on the use of the Nasta’lique form of the script, which is not entirely character-based, and hence could not be used easily in computers. Naskh is used by all other languages of the world, which are written in the Arabic script, including our own regional languages. If Urdu had been doing the same, we could have saved many years in making full use of computing and also not wasted millions of man-hours on developing software (and that too inadequate) for Nasta’lique. (The handicap still persists because even UNICODE will not make it easy to use Nasta’lique.) By discarding the use of Nasta’lique and adopting Naskh, we would also have improved tremendously the typesetting technology for Urdu print media but that is another story.

Basic problems for newspapers... The widespread use of Internet will pose some fundamental problems for the newspapers. For example, why should the reader buy a newspaper when he will be able to get the news on the Internet instantly and that too according to his preferences and free of charge? It may give sleepless night to publishers but there are several reasons why they should not despair. There are several reasons why a reader will still need a newspaper:
a) The news may be free but it will still cost money in the form of Internet connection charges. A reader may download stories for later reading and save connection time but he will not get “the whole thing.”
b) Advertisements in the paper also have news value, say, when new products and services are announced, vacancies are publicized, free offers are made.
c) Only a newspaper provides the ultimate convenience of (i)carrying it around, (ii) splitting it among several readers, (iii) reading it in fits and starts (because of interruptions throughout the day), (iv) reading it while travelling in a bus or train, (v) tearing out stories, pictures and ads for reference, (vi) spreading it on the ground for sitting in a park or having a picnic, and (vii) taking it to the bathroom in the morning.
d) The newspaper can be recycled for packing, wrapping, etc. or sold as raddi (waste paper).

The newspaper publishers also need not fear that Internet will take over the news completely. The free news is great for the reader but a burden for the provider. Some attempts were made to charge a subscription for the Internet editions of newspapers. An outstanding example was that of The New York Times, which thought it could pull it off because of its prestige and influence. But it had to climb down soon and join the others, such as The Washington Post, who were making their complete contents available on their web sites without charge.

The placing of a newspaper on the Internet does cost money. The advertisement revenue could be the only alternative to subscription charges to meet the expenses but Internet has not proved to be an effective medium for it. The advertisers somehow believe that they get better value for their money from the newspapers than the Internet. Therefore, independent news providers cannot find any way to meet their expenses while the newspapers can continue to provide the Internet edition, though only as a prestigious subsidiary of their normal operations.

… and electronic media. More and more radio and television stations around the world are making their programs available on the Internet. You can listen to music or news on a radio or watch a television program even if it is being broadcast on the other side of the world. Since audio and video require much larger capacity (technically called “bandwidth”), our own Internet users will have to wait till digital subscriber lines are provided to them by the phone company at a very low cost. Pakistanis in many countries, however, are not handicapped by small bandwidth and can even now enjoy programs of Radio Pakistan and Pakistan Television.

Like the newspaper publishers, the radio and television broadcasters will also have to bear the costs of placing their contents on the Internet without any hope of return. For them too, it will be a prestigious subsidy.

The Internet, however, provides simultaneous worldwide coverage to the radio and television, far beyond the present normal coverage area. If the audience abroad grows large enough, the broadcasters may think about abandoning their satellite transponders, which cost millions of dollars per year but cover only one-third of the globe at the most. In addition, the users need a dish antenna or a cable television connection. The satellite service providers will have a very hard time selling the vacated transponders to others. Then the Internet service providers may come to their rescue and use their services for transmitting large data files from web sites. The files may well be television programs! The television (and radio) may thus still use the satellite but in a roundabout way and at a very low cost.

The age of self-publishing. The Internet has given a new meaning and possibilities to publishing. It will reduce the dominance of the major publishers and allow “a thousand flowers to bloom.” In the conventional way, a new newspaper normally requires tens of millions of rupees. (Hsssh! Bring your ear close to me. If you know somebody who wants to bring out a daily newspaper, tell him that I know how to do it with merely lakhs of rupees!) On the Internet a new newspaper, magazine or even a book can be published at a very, very small cost and for the whole world to read.

The obstacles on the way. Finally, how long will it take the Internet to have its full impact on our print and electronic media? Revolutions do not take place overnight because the human societies take their own time to change. The Internet, however, may make its way rather easily. The prices of personal computers have been falling continuously. The telephone network will improve and expand further after the monopoly of the PTC ends in 2002. Then will remain the cost of Internet, which can be brought down substantially if (a) the rates charged by PTC for international connectivity are based on actual costs, and (b) the license fee for the Internet service providers is abolished. And if PTC provides nodes for Internet at every district headquarters, the Internet can reach economically even the remote areas.
After the Internet becomes affordable and easily available in every part of the country, the media even in the least developed areas will be revolutionized. It will be a great day for mass communications.

The paper was read at a two-day seminar on “The Challenges of the New Millenium and the Media,” held at Murree, on August 2-3, 1999, organized by the Department of Mass Communications of the University of the Panjab. The teachers of Mass Communications of all universities of the country participated.

The writer is a specialist on information technology, Internet, computing, telecommunications, broadcasting and newspaper technology.

TALIBAN: What did the Taliban do wrong?

2005-04-13T11:14:00.000+05:00

Here are some of the things the Taliban in Afghanistan should or should not have done:

a) Be tolerant to ordinary people
The ordinary Afghan people could not adjust easily to the imposition of harsh religious measures, even if these were justified and well-intentioned. Following the Sunnah of the Holy Prophet, the Taliban should have allowed more time, used more persuasion and applied less pressure to bring the Shariat into the daily lives of the people. The ordinary people cannot reach the highest moral standards immediately.

b) Economy comes first
The Taliban should have given more attention and resources to improving the economy of the devastated country and to creating job opportunities. It was extremely difficult for most people in the war-ravaged country even to survive. The religious agenda could become more acceptable after the most people had at least two square meals a day.

c) Some education for girls was better than no education
The Taliban could have set up separate schools and other educational institutions for girls. They could also change the courses and syllabi for them. But they should not have closed the existing schools and institutions while preparing to achieve their objectives.

d) Begging is not better than jobs for women
There could be segregation for women but they should have been allowed to continue with their existing jobs in education, health services, etc. That would not have forced them to beg on the streets. It would have also avoided the complaints of human rights organizations in the West that led to the stoppage of humanitarian aid in many cases. In due course, opportunities could have been created for women to have jobs that did not involve mixing with men.

e) You cannot be aloof from the world
You may not care for the world but you cannot afford to ignore it. There was no harm in listening to what the others, particularly in the West, said and suggested. By removing some of their complaints, the Taliban could have gained more recognition, more aid and better understanding. They also could get more international sympathy and support against what the US was raring to do. Every poor country needs these things to survive and make life somewhat easier for its people.

f) Being Muslims would have been better than being Pashtuns
The Taliban should have behaved like true Muslims and made a compromise with the Northern Alliance, instead of trying to crush and overpower them with force because they were not Pashtuns. By treating the people in the North as brothers and giving some concessions to their leaders, they could bring the entire country under a single government. It would have not only gained more international recognition (however grudging) but also denied the Americans a foothold on Afghanistan territory and a readymade Northern Alliance force to use against them. (The US so has been unable to attack Iraq mainly because it cannot put its feet anywhere inside the country.)

g) Usama should not have been retained at all costs
Usama might have been a benefactor to Afghanistan before and after the Taliban came into power. There also may be a strong Afghan tradition of not throwing out a guest. Still, without being rude to him, Usama could have been asked to change his residence for the time being, especially after the ulema had recommended it. After all, Usama did leave Afghanistan after the collapse of the Taliban. He could have done so earlier and saved such havoc to the Afghan people and the Taliban themselves.

h) Peace is always better than war
Unlike the common belief, history doesn’t repeat itself. If the Taliban knew the history of their wars with the British and the Russians, so did the Americans. If the Taliban believed that a guerilla war would go their way, so did the Americans. So, the Taliban should not have deluded themselves to believe that the Americans would repeat the blunders of previous imperialist powers and give them a war of their own choice. Any peace arrangement, therefore, was certainly preferable to an all-out war.

i) Never be arrogant
When the official delegation from Pakistan went to meet Mulla Umar to persuade him to agree to a compromise in view of the very aggressive mood of the Americans, he was reported to have refused to listen, saying, “Don’t lecture to us. You never won any war and we never lost one.” The pride doth have a fall. Even the Holy Prophet chose peace when a war would not have been in the national interest.

The history of the region would have been vastly different if Mulla Umar had listened to Pakistan and found a way out. We can always learn from history. He too must have realized it by now – wherever he happens to be at present.

SRI LANKA: How to restore peace in Sri Lanka

2005-04-13T10:58:00.000+05:00

How can we get rid of a large sprawling tree, with deep roots in the ground? There are two methods. One is to have strong ropes and many men to use them. The ropes are tied to the big branches and the men pull them down one by one. Later, more time and effort are needed to cut the branches into small pieces and clear the ground. The main trunk may also be attacked. The stump will, however, remain there in any case and after some time the tree may start reproducing itself again. It will be a temporary success at best, despite the use of a lot of time, energy and resources. We may call it "the frontal attack."

The other method is to dig around the tree, isolate its roots and deny them sustenance of any kind. The roots will soon dry and the tree will start withering away. Then it may be easily pulled out, roots and all. Or the nature will take care of it. This method may be called "striking at the roots."

The frontal attack. The problem in the North of Sri Lanka is just like a sprawling tree. To get rid of it, the frontal attack was made right in the beginning. There were infantry forays into the troubled areas, accompanied by tanks and artillery and air attacks. There were offensive attacks as well as combing and mopping up operations. There was sea blockade from all sides. There was show of force as well as defensive action. It has been going on for 15 long years, at a colossal cost of human lives and resources. To outsiders, the whole country appeared to be under siege. The bomb blasts right in the heart of Colombo were heard all over the world. Directly or indirectly, every Lankan has been paying a heavy price. And he yearns for peace. Yet, peace has been as elusive as ever.

If it were an insurgency like the one that took place in the South of the island years ago, it would have been quelled long, long ago. But the roots of the conflict in the North lie deeper and call for a methodical strike at the roots. The roots, however, are not in the bunkers of the rebel hideouts.

The rebels, all over the world, are always prisoners of their own cause. Their motivation and commitment depends entirely on a single, clear objective, with total disregard for any possible alternative. The rebels in the North want a separate state. (They are rebels in every sense and cannot be called "Tigers," in view of the havoc they have caused to their own people.) On the battlefront, they have been fighting for only an outright victory. At the conference table, they expect only an abject surrender by the Government. For them, there is no compromise, no middle ground. Therefore, any peace talks or negotiations with them, however sincere, or any confidence building gestures towards them, however well meaning, will be as fruitless as ever. For the rebels to accept any solution offering less than a separate state will mean ignominy forever. Therefore, they will never be willing to compromise. Talking with them will only a waste of time. There is no use banging one’s head against stones, as we say in Urdu.

Foreign intervention. The rebels would have been much more obstinate if they had any open foreign support for their cause. The covert support never went beyond the supply of arms and ammunition, equipment and other essentials. When the foreign intervention did come, it was luckily against the rebels themselves. (If it were the other way, "Tamil Eelam" would have been created long ago.)

The Indian intervention dashed forever whatever hopes the rebels had. They could no longer expect any outside assistance in achieving their objective. That was an opportune moment for the Lankan Government to end the war through peaceful means. (It is not necessarily a contradiction in terms because wars cannot be won only with weapons of destruction.) The opportunity was lost due to the rigidity of the then rulers. They continued to have an obsession of achieving military victory, irrespective of the disastrous consequences and without much likelihood of success.

If even now an outright military victory is not likely in the very near future, the alternative should be to strike at the roots of the rebels. Those roots lie in the ordinary people of the North. They were promised a land of milk and honey by the rebels and were persuaded to support them for the "great cause." They might have been hopeful in the beginning about the success of the rebels. Now they must be totally disillusioned and yearning for peace. War is never the choice of the common man. For him peace comes first. Now, therefore, is the time to bring him over to the Government side so that he denies cover, information, food or any other sustenance to the rebels. Once isolated, the rebels, like roots of a tree, will not be able to survive long.

Unilateral and immediate cease-fire. To win over the ordinary people in the North, the first bold step by the Government should be to cease fire with immediate effect. It should be unilateral and without any formal agreements with the rebels. (The agreements have been worthless in the past, in any case). There should not be even a formal announcement so that military action may still be possible whenever unavoidable. The Government may simply ask the armed forces stay wherever they are at present and stop military action unless deliberately provoked by the rebels. (For the inquisitive journalists seeking confirmation of a cease-fire, the standard reply in such matters should come handy: "No comments.")

The news of the cease-fire will spread in the troubled areas by the word of mouth. It will be a message to the ordinary people that they no longer need to be afraid of the presence of the army in their areas. It will also be a message to the rebels that there will be no action against them as long as they do not provoke the army. If there is no rebel activity in an area, there will be no military action either. (It may encourage desertions among the rebel ranks.)

Picking up the pieces. Once the ordinary people are convinced that they will no longer be affected by any military action, their first action will be to start picking up the pieces of their life. Sick and tired of the war, they will naturally be keen to resume a normal living. They are also likely to resist any pressures from the rebels for support because the alternative of siding with the Government will be far more preferable.

To bring about a change of heart among the common people will be an uphill task. It will also require maximum help from the Government. Still, many things can be done to make life easier for them. The normal supply of food and other essentials may be allowed to the affected areas. To rebuild houses and shops, the cement, steel, wood and other construction material may be made available. (With the armed forces remaining in place wherever they are at present, it should not be possible for any supplies to be diverted to the rebels.)

The next step should be to repair and restore the infrastructure. Electricity, postal and telecommunication services should be restored, the roads should be repaired, schools, hospitals and banks should be reopened. The Government offices may resume normal working. The object will be to do whatever is needed, and in minimum possible time, to meet the needs of the war weary people.

It is imperative that people should be able to start earning a living, just as they did before the rebellion started. The farmers should be able to plough their fields and sow crops, the shops should reopen and the businesses and factories should resume operations. They should be given funds for reconstruction, as grants as far as possible. The loans should be on very easy terms, preferably without interest.

The Government employees, including teachers, doctors and hospital staff, should be allowed to resume their duties wherever they had been serving earlier. The transport, particularly on the roads, should be running normally, even though movement from the North to the rest of the country will remain restricted for security reasons. The local people in the North should be given preference for all jobs so that more and more of them have a stake in the new situation.

It is not implied at all that suddenly everything can be made normal. The areas where the rebels are active will continue to be disturbed. But there is far larger territory where people can resume normal life without affecting the military operations in any way. These areas need the initiative and the concentration of peace efforts.

The object will be to assure the ordinary people in every possible way that they are no longer the target and can live just like other citizens elsewhere in the country. There may still be some subversives, who will try to help the rebels. They can be isolated and captured if the others around them are convinced that any help to the rebels will jeopardize the return to peace.

Alternatives for the rebels. With the ordinary people finally returning to normal life, what will happen to the rebels? The rebel leadership, however it may try, is unlikely to convince its cadres of good days to come soon. It cannot give rise to any realistic hope of success, even in the distant future. And, all said and done, the toughest fighters are also human beings and do yearn for a peaceful living at the end of the day. Like the ordinary people, the frustrated rebels should also be given an opportunity to return to a normal life.

The rebels may be offered three alternatives. Those who want to leave the country may be allowed to do so, provided they get sponsors abroad who meet all their expenses and arrange immigration visas for them. Those who want to remain in the country and live a normal life may be asked to provide at least five responsible persons of their own community to stand sureties for their behavior. The remaining rebels, if they surrender voluntarily, may be offered detention in camps where, under tight security, they will do various jobs or may learn new skills (agricultural, manufacturing, processing, technical, services, etc.). Their detention period may be five to ten years, enough to bring about a change in their thinking and plans. Those who committed crimes or become fugitives will be dealt with under the law.

Back to square one. Once the normalization process starts, it will be quite natural for the people in the North to think about their future. That will be the time to convince them that they will be better off with the rest of the nation. The rebels might have succeeded in persuading them in the initial stages that they will soon get the Promised Land. Now, after a decade and a half of misery and sorrow, they know they are nowhere near that, nor are likely ever to be. Therefore, it should be easy to offer peace and prosperity to these disillusioned masses.

That will be actually going back to the square one. During 1981-82, while I was living in Sri Lanka, the Tamil problem did not appear to me to be insurmountable. The leaders of the Tamil United Liberation Front (TULF) essentially demanded (a) elections to the provincial councils under the new constitution and (b) autonomy for the North to be able to solve local problems on its own. It was not something that could not be settled through negotiations. During discussions with friends, I would often quote the example of my own country. The basic dispute between East and West Pakistan was on autonomy and share in power. If the rulers in the West had a proper understanding of the feelings in the East and were magnanimous enough to give and take, the problem could have been solved. However, their stubbornness and megalomania took them to the use of brute force. The covert and overt Indian intervention did the rest. The result was a disaster in 1971. Yet, the rulers in Sri Lanka were repeating the very same behavior. Why didn't they learn a lesson from something that had happened right in their own neighborhood just a few years ago? They did not want to. So, they were condemned to repeat the very same blunder.

Is it now possible to go back to the original constitutional provisions and hold elections for the councils in all provinces (not just in the North and the Northeast)? It is, though it will not be easy. The priority should be not to allow the rebels to come into power in any way. The election rules can provide that no rebels, their frontmen or sympathizers, will be allowed to become candidates for any post. Keeping the rebels away in just two elections will give enough time to the new faces to become old hats. Politics, like nature, abhors vacuum. By the third election, the rebels will have a very hard time even being recognized at the election rallies. In 1985, Benazir Bhutto, living in London, decided to boycott the general elections in her country. Her imperious presumption, as quoted by The Daily Telegraph, of London, was that, without her being in the field, only 10-15% voters would cast their votes. The polling was about 50% and many totally new faces entered the National and Provincial Assemblies. Benazir never again boycotted any elections!

While the new members of the Provincial Councils in the North and the Northeast find their way, their hands should be strengthened with more powers to deal with local problems. They should also be given extra funds (which will still be peanuts, compared to what was being spent on the war.) They will thus be enabled to convince their people that they offer a much better alternative to what the rebels had been promising.

Filling the stomachs. How to heal the wounds? At the human level, it will take a long time, at least a generation or so. However, the hardships of daily life can be reduced immediately. The people in the affected areas will need jobs to be able to stand on their own feet. (Every thing appears hollow and false if ones stomach is empty, as we say in Punjabi.) Economic wellbeing always helps in diluting, and finally forgiving, the bitterness of the past. That will require investment and business activity. With so many burdens and liabilities, the Government will not be able to provide large enough funds. It need not, except for repairing its own infrastructure.

What the Government should do is to set up special industrial zones in Jaffna, Trincolmalee, Batticaloa and some places in the interior. These zones should be primarily for labor-intensive, export-oriented industries. If the basic facilities are provided, it will not be difficult to attract investment, especially for export. The money for projects in these zones will come mostly from the Tamil expatriates in Australia, Europe and North America. The foreign governments and international organizations will also help.

The links between the North and the rest of the country, especially Colombo, should be made stronger than before the war. Easier and comfortable travel will be very helpful. During my stay in Colombo in 1981-82, I would often see a shining luxury bus parked outside a cinema in Wellawatte, on the Galle Road. It would leave Colombo in the evening and reach Jaffna in the morning, without any problem during the night journey. The following night it would travel back. It was a great symbol, of modernity, of national unity, of tranquility in the land. It will be a great day when that bus will start running again on its old route. For one, I would love to be a passenger on that bus. (Somehow, I could not make it the last time.)

Army of peacemakers. Meanwhile, what will happen to the armed forces personnel after the military action in the North is phased out? They will have to be demobilized as peace is restored. However, it has to be recognized that they have been fighting with courage and tenacity and have made tremendous sacrifices for the unity of their country. They certainly deserve full recognition and suitable reward for their services. Since they have excellent relevant experience, they can be placed at the disposal of the UN for peace-keeping duties in various parts of the world. (Coming from a small, neutral country, the offer will not get any opposition.) They will enjoy a permanent stay abroad and salaries (in US dollars) that will be much more than they can get for any job at home. They will deserve it, after peace is restored in their own country.

This paper was written in May 1998 by Muhammad Abd al-Hameed, a Pakistani researcher and writer, with special interest in Sri Lanka. He lived in Colombo in early 1980s and visited the country twice during the 1990s.

FILM: A way out for the Pakistani film industry

2005-04-13T10:56:00.000+05:00

The following article, in Urdu, suggests a way out for the Pakistani film industry, which is facing reduced production, lack of necessary human resources and decline in audience. The article proposes a merger of film and television so that the combined resources not only revive the film industry but also strengthen television.

Please click to open a page for easier reading.

2005-04-13T10:55:00.000+05:00

A way out for the Pakistani film industry, page 1
Please click on every page for easier reading.

2005-04-13T10:54:00.000+05:00

A way out for the Pakistani film industry, page 2