Tag Archives: Benazir Bhutto

Happy Birthday Fatehyab Ali Khan

Speaking in 1962

Speaking in 1962

Fatehyab Ali Khan, President of the Pakistan Mazdoor Kissan Party and a legendary figure in the public and national life of Pakistan, passed away on 26 September 2010. A visionary in politics, his relentless struggle for democracy, fundamental freedoms, justice in society and the rule of law forms a glowing chapter in the history of our country. His support for the cause of the oppressed and under-privileged will long be remembered. Today, i.e. 19 May, is Fatehyab’s Birthday.

Fatehyab’s family migrated from Hyderabad Deccan to Pakistan after the Partition and settled in Shikarpur and Karachi. His bold stand against injustices in the local education system made him prominent at a very early age. Gifted with unusual organizing skills, persuasiveness and charm, he joined the National Students Federation and soon assumed leadership roles in the student community. He was elected as Vice President of Islamia College Students’ Union (at that time the president of the union used to be an official), President of Karachi University Students’ Union and Chairman of the Inter-Collegiate Body. He was a brilliant debater in both Urdu and English.

During the students’ movement against Ayub Khan’s martial law, when political parties were quiet spectators, Fatehyab shot to fame as a national figure and the leader of the movement. He was tried as Accused Number One and convicted by a military court in 1961. After he had served his sentence in Bahawalpur Central Jail, along with other activists, he was twice externed from all parts of the country, except Quetta. He was denied a passport to study abroad by the regime and ultimately took up law as his profession in Karachi.

Fatehyab was in the forefront of all movements against dictatorship in the country. His greatest contribution to politics came during the Movement for Restoration of Democracy (MRD). He was a fearless fighter against Ziaul Haq’s dictatorship. The Mazdoor Kissan Party, of which he was president, was a member of the MRD alliance. On 12 August 1983, he courted arrest in Empress Market Karachi as part of MRD’s civil disobedience campaign. He worked tirelessly to organize and spread the movement and to develop a consensus for the alliance to work from a common platform in the future, which was not to be. The decade of the 1980s was a period of internments, externments, and numerous prison terms for Fatehyab. He was the only signatory of the MRD declaration who was tried and convicted by a military court. However, he never yielded to pressure and never compromised on his political principles.

Fatehyab served his prison terms in the 1980s in Karachi and Sukkur jails but whenever he found respite, he turned his attention to The Pakistan Institute of International Affairs, of which he had become a member in 1972. In 1980, Ziaul Haq had taken over the Institute through a presidential ordinance, turning it virtually into a government department. Between prison terms, he led a determined and courageous legal campaign to get the Institute restored to its original independent and non-official status. After many setbacks, his persistence triumphed and the presidential ordinance was declared ultra vires of the Constitution by the Supreme Court of Pakistan in 1993.

In 1995, Fatehyab was elected as Chairman of the Institute’s Council, a position he held until 2009. As Chairman, he jealously guarded the independent character of the Institute, countering all pressure with the strength of his own personality. Free from traditional prejudices, Fatehyab was a great supporter of the rights of the marginalized, including the women’s movement, and stood by every initiative for women’s empowerment.

He was a prolific writer and has left behind a rich archive consisting of numerous constitutional petitions filed by him against martial law, articles on constitutional and international issues, political analyses and statements. These documents reflect not only his own commitment and contribution but also the dilemmas of the times in which he lived. These historic documents in the struggle for democracy will be exposed in a forthcoming book by his wife Dr Masuma Hasan.

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The constitutional anomalies

There is a consensus in the country that the army should have no role in politics and that the military high command should be under the control of the highest political leadership. And there are no two opinions about the fact that there should be democracy in the country. However, there are different opinions about the kind of democratic setup that we should have and the manner in which the setup should operate. But there is no difference of opinion that the people should have the right to elect their government in a fair and transparent manner.

A constitution is the fundamental law of the land, and the basic framework for governance. The statutes must conform to the superior norms contained in the constitution. Pakistan’s rulers have not only amended the constitution but have hoodwinked the people by introducing far-reaching changes in the statutes such as the Political Parties Actthe Representation of People’s Act and Qanoon-i-Shahadat, thereby altering the superior law of the constitution itself.

After the departure of Nawaz Sharif and suspension of the Constitution by General Musharraf, political parties in the opposition have been demanding restoration of the constitutional structure existing prior to October 12, 1999. At the same time, they have been describing it as the unanimous Constitution of 1973. These parties should tell the people in clear words which constitution they want to be restored, because before October 12, 1999, it was not the unanimous Constitution of 1973 but Ziaul Haq’s constitution which was in force. Compare the two documents — the unanimously adopted Constitution of 1973 and the constitution as it stood in 1985 — and the extent to which Ziaul Haq had mutilated the 1973 Constitution becomes clearly evident.

After the separation of East Pakistan in 1971, Z.A. Bhutto made a reference to the Supreme Court as to whether the truncated assembly could frame a constitution. The Supreme Court presided over by Justice Hamoodur Rahman, answered in the affirmative. During the chaotic period of 1972, the ruling elite wanted a presidential system but the country’s mature leadership demanded a federal parliamentary system, and all the parliamentary parties unanimously passed the 1973 constitution.

However, when unilateral amendments were made in the Constitution the parliamentary opposition stood against them and kept opposing them until 1977. The PNA declared that the 1977 elections were not transparent and demanded fresh polls. But before the Bhutto government and the PNA could make public the agreement they had reached, Ziaul Haq imposed martial law in the country. The democratic forces, however, continued their struggle through the Movement for the Restoration of Democracy (MRD).

Ziaul Haq virtually changed the basic structure of the unanimously adopted Constitution of 1973 and held non-party elections. The MRD boycotted these elections and declared that the 1985 amendments amounted to promulgating an altogether new constitution, which should be scrapped and the country’s original Constitution of 1973 be restored. But the non-party parliament rubber-stamped the amendments contained in Ziaul Haq’s RCO (Revival of Constitution Order 1985, which was his LFO) The MRD authorised Ms Benazir Bhutto, who was then its convener, to challenge in the Supreme Court the constitutional changes imposed by Ziaul Haq. The Supreme Court gave a three-point judgment in 1988 in Benazir Bhutto’s petition:

1. National and provincial elections are a political process; national and provincial assembly elections should be held on a party basis.

2. When the National Assembly is dissolved, it is a constitutional requirement to hold general elections within 90 days.

3. The federal government is not complete without a prime minister.

Ziaul Haq had not appointed a caretaker prime minister when he dismissed Junejo and the Majlis-i-Shoora in 1988 nor did he hold elections within 90 days. After this judgment of the Supreme Court, Ziaul Haq’s amendments of 1985 became extra-constitutional.

Both the Treasury Benches and the opposition have cleverly suppressed the fact that the oath of office administered recently to the members of the National Assembly and Senate was that of Ziaul Haq’s Constitution and not that of the original Constitution of 1973.

Ziaul Haq sought refuge behind Islamization to introduce gender biased laws which take Pakistan into pre-medieval times. These laws such as enforcement of HuddTazeer and Qanoon-i-Shahadat are highly controversial and discriminatory against women and contravene the substance and spirit of the original constitution of 1973. And these are the laws which our political stalwarts want to protect.

To achieve his political purpose, Ziaul Haq destroyed the principle of one-man one-vote which was, with immense wisdom, enshrined in the procedure laid out for the election of the president. In the 1973 constitution, the electoral college for the president comprised only the National Assembly and the Senate. Ziaul Haq enlarged the electoral college to include members of the provincial assemblies. According to the original 1973 Constitution, the National Assembly elected on the basis of population and the Senate, representing equality of the federating units, elected the president. When Ziaul Haq included members of the provincial assemblies in the electoral college, the indivisibility of the principle of one-man one-vote disappeared. Provincial assembly members now voted first to elect the Senators, and second, voted along with the senators to elect the president.

Ziaul Haq was aware that suspending or keeping in abeyance the constitutional machinery amounted to subversion of the constitution which was a treasonable act punishable by death under Article 6 of the 1973 constitution. By keeping the Constitution in abeyance, he also kept Article 6 in abeyance. He tried to run the country’s affairs with a nominated Majlis-i-Shoora, maintaining that Islam does not provide for political parties and general elections.

When he failed, he took cover behind the referendum through a clause which was introduced in the Constitution by Z.A. Bhutto’s seventh amendment and got himself elected as president for five years. Article 6 was revived only by the elected Majlis-i-Shoora after 8.1/2 years of suspension through the Revival of Constitution Order in 1985. Probably they struck a deal with him.

To sum up, we have three constitutional scenarios:

1. The unanimously adopted constitution of 1973 which includes the amendments introduced by Z.A. Bhutto.

2. Ziaul Haq’s constitution of 1985 with the Junejo-Nawaz Sharif amendments.

3. General Musharraf’s amendments in Ziaul Haq’s constitution.

The attitude of some parliamentary political parties is most surprising. Their parliamentary leaders had signed the unanimous constitution of 1973 and had taken oaths of allegiance to stand by it and protect it, but today the same parties, under the cover of religion, are trying to protect the amendments Ziaul Haq made. This amounts to breaking their oath of allegiance as provided by the constitution of 1973.

Although the general elections were held in October 2002, the Majlis-i-Shoora has not been formally convened because the joint session to be addressed by the president, which is essential, has not been called because of the deadlock on the Legal Framework Order. Success in the current dialogue between the government and opposition on the LFO will be a good augury, although it will in no way be different from the one witnessed in the dialogue held between Ziaul Haq and the members of the National Assembly elected under his Revival of Constitution Order.

The political parties holding the above views should formulate their constitutional aims and incorporate them in their election manifestos. Meanwhile, they should give attention to the people’s general welfare, employment, peace and security, education, housing, health, freedom and provincial autonomy.

They should prepare for the next general elections. The party or parties which win the next elections will have the privilege to propose and enforce a constitution of their choice. There should be no effort on their part to impose their will on the people through back door devices.

The author (1936 – 2010) was the President of the Pakistan Mazdoor Kissan Party and the Chairman of The Pakistan Institute of International Affairs. This article was published as an opinion in the Dawn Newspaper during the author’s lifetime. 

The Pakistan Institute of International Affairs launches website

The Pakistan Institute of International Affairs (PIIA) has launched its new website which can be viewed via the link below:

The PIIA was the brain child of Sarwar Hasan (see earlier post here) who founded it upon arriving in Karachi after Independence in August 1947. During the venal and horrific dictatorship of General Zia the PIIA was forcibly taken away from its members by the Pakistan Army. After Zia’s death in 1988, the institute was restored to civilian control by order of the Supreme Court of Pakistan (during Mohtarma Benazir Bhutto’s government) through the efforts of its legendary Chairman Fatehyab Ali Khan who dedicated his entire life to defending honesty and democracy in Pakistan. Continue reading

Happy Birthday Benazir Bhutto

Today, the 21 of June, is Benazir Bhutto’s birthday. She was the first woman to lead an Islamic state. She was a friend of Mr Fatehyab Ali Khan and during the 1980s the two, along with many others, fought for the freedom of Pakistan: they suffered long years in prison while agitating the military regime of General Zia – Pakistan’s worst dictator.

Had she not been murdered while staging her political comeback, today would have been Benazir Bhutto’s 58th birthday.

I suppose it still is her birthday but unfortunately for Pakistan her country is suffering from an acute vacuum of leadership which only she could have filled.

The video below traces some of Benazir Bhutto’s colourful life. She was definitely Pakistan’s best looking premier. In fact just for the record my college friend Michael Shim who now teaches philosophy in Los Angeles always said “she is a real babe your prime minister”. Continue reading

Benazir Bhutto 1953-2007: a tribute

Remembering the Daughter of the East

Today it was Benazir Bhutto’s third death anniversary. When we were growing up in Pakistan at the height of General Zia’s military regime’s power, everyone believed that Benazir would return to depose the tyrant and restore democracy: this was gospel.

Therefore,  it was difficult for me to let the day of BB’s death pass without some form of remembrance of her personality on this site.

After all it is our purpose to provide a place from where the voice of the mazdoors and kissans, the “people”, of Pakistan can be heard.

Pakistan’s people looked to BB to pull their country out of the doldrums. Continue reading

Condition of widows in Pakistan

Dr Masuma Hasan

Being a widow is not a stigma in Pakistan either in religion or under the law. Marriage in Islam, which is the religion followed by the majority of the population, is not considered as sacrosanct. It is viewed as a civil contract between two individuals which can be dissolved. Thus the extreme sanctity attached to marriage in certain other religions does not operate to turn a widow into an outcast or be held responsible for her husband’s death. Traditionally, widows have been encouraged to re-marry and marriage to a widow has always been considered as an honourable act.

According to the latest Census (1998), in a population of 132.4 million, there were 2.7 million widows in the female population of 69 million. The largest number, 442,179, were found in the age bracket 75 years and above, followed by 416,773 in ages 60 to 64 years, and 326,176 between 50 to 54 years. However, Pakistan’s population in 2010 is estimated at over 170 million so the number of     widows has also increased.

Supportive influences

The law of the land, as embodied in the Constitution of 1973, and all previous constitutions, does not discriminate between the rights of women and men. The Constitution guarantees equal rights to both and rules out discrimination on the basis of sex. It empowers the State to make special laws for the protection of women and children and take steps to ensure the full participation of women in all spheres of national life and protect the marriage, the family, the mother and the child.

A widow inherits one-fourth of her husband’s property if she has no children, and one-eighth of his property if she has children. The Government has made humane provisions for the widows of its employees. After the death of a Government employee, his widow receives the family pension until her own death. Widows of lower paid employees also receive a one-time grant for rehabilitation from the official Benevolent Fund. In the private sector, which works for profit, there are no universal rules governing support for widows of deceased employees, but given the culture of philanthropy, some short-term provision is probably made. Continue reading

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