I had a batchmate in CSP. He was very prompt in giving reply to any question put to him. His replies surprised, then shocked, taken at times seriously, and finally considered a joke. I have described all of them separately in the memoirs.
Our director of the Civil Services Academy, a British ICS officer who had served both in the judiciary and Executive in India, used to invite two of us, probationers, to have dinner with him and his wife. It was to assess our worth, I suppose. It was a cold winter night of Lahore when two of us were invited for dinner. I found the log fire so relaxing and enjoyable that I did not pay much attention to what was happening. Suddenly I heard the director put a direct question to my colleague “Which service do you consider the best?”. My colleague replied “Sir, It is that of ASI (Assistant Sub-inspector of Police.) The Director asked him what makes it the best. His reply was that on that post one can make a lot of money. We had our dinner and parted.
In January 1953 we were to leave for the UK for our six months training. In Karachi, my friend asked me where to deposit his cash. I took him to my university class fellow who had become a Bank Manager. For half an hour my colleague put him so many questions about the Bank as if it is about to go in liquidation. My friend ultimately asked him to open his account in some other Bank.
In the UK while visiting counties and other local authorities People asked what will be your duties on return. He always replied we will be sovereign in our district, larger than your county. None asked any further questions on this subject.
When in 1953 I looked for the original report of Lord Macaulay Commission on Penal Code my search of sixty years in Pakistan yielded no result. I do not remember when, where and why, long back I had purchased bulky commentary on Penal Code by Ratan Lal. In it, I found three principles of governance as relevant and valid today as in 1860 justifying these provisions. The following were the recorded explanation of the Commission on these provisions, as true today as in 1860:
(i) “There is scarcely any disposition in any ruler more prejudicial to the happiness of the people than a meddling disposition.”
(ii) “It is absolutely necessary to have some local rules which shall not require the sanction of the Legislature”. It was considered to be sovereign power of the District Magistrate/ Deputy Commissioner within his jurisdiction.
(iii) The three restraining features were clearly indicated in the law. (a) the officer passing the order or his superior alone could launch prosecution thereby making the power discretionary (b) violation was made punishable only if the act complained of was imminently likely to result in danger to human life or health. (c) A vexatious and meddlesome order could just be ignored.
In the year 1932, it appears, there was a great law and order problem for which Act XXIII of 1932 authorizing the Provincial Government to notify violation of executive orders cognizable and non-bailable. On the 14th March, 1969 provincial Government issued two notifications, One to make violation of an order under section 144 Cr. P.C. cognizable, the other, to make the offence non-bailable. That was the time when the tottering regime of Field Martial needed props. It got, but could not survive. The immediate beneficiary of the shredded power of DM/DC was the Law Enforcing Agencies of the country. Without showing any awareness of the rationality and the limitations of the power they considered it bounty, a God-given gift, a mint, to enjoy at their own discretion.
Within months of my retirement in 1994, on a Baby Hermes typewriter which I had purchased in October 1951 on entry in service, I recorded my experiences of over forty years focusing only on use and abuse of this sovereign power of the District Magistrate/ Deputy Commissioner. I did not then realize the serious consequences that will follow. This hurriedly written paper with so many faults appeared with the title Executive Orders and their Disobedience in daily The Frontier Post on 19th, 20th, and 21st July 1995. I received no response. not a single one. In despair, I wrote a blog “For those with eyes and mind closed.”
Two events happened to reactivate me. A Law Enforcing Officer of higher rank appeared on TV International to proclaim that violators of an order under section 144 shall be arrested on the evening of Friday kept in detention on Saturday and Sunday, and will be able to reach the courts only on Monday for their bail. Elsewhere in the memoir, I have mentioned that as law secretary I always suggested that where separate law existed to take care of an activity that law alone should be invoked so as to understand the law, keep it progressive, strengthen the regulatory system and its own authority. None heeded it. Soon, the commercial barons, and all, entered the arena to successfully claim and obtain its searing cutting edge. They, and others went on adding to their wealth ignoring altogether the misery of the people.
Unknown to everyone, there has come int existence an invisible group of individuals given the dreadful name of Vigilante. Its dictionary meaning is “vigilante are people who organize themselves into an unofficial group to protect their community and to catch and punish criminals”
Recently a Government paid advertisement appeared on TV. A uniform is shown, a step ahead a person enters in it. A step further an announcement that a law enforcement officer is there who assists you, who protects you. You should show respect to him and protect him.
Experiences of a Lifetime 