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I have many more reasons, but I record only three, for choosing such an unpleasant title. Continue reading “28 Only for those with eyes and mind closed”

Jokes which still make me sad – the French Colony of Islamabad

 

Pandit Jawaher Lal Nehru used to make two remarks in select company. First, “I am the last Englishman to govern India.” Second, “Muslims introduced Purdah in India”.

To my knowledge, none has so far replied what India introduced in Islam. It introduced in Islam status of human beings as per profession they follow. Continue reading “27 Jokes as a Source of Law and Wisdom – Jokes which still make me sad – French Colony”

Jokes which still make me sad – British retreat from Kabul

There are many; French Colony, Chak Shazad, Jabra chowk, all dealt with separately. I have selected one man, strongest, or near so, in uniform, but weakest in shalwar. Continue reading “26 Jokes as a Source of Law and Wisdom – Jokes which still make me sad – Retreat from Kabul”

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.

This is the third post on the topic. Please read my earlier post for an introduction. 

A foreign government gave a lot of money to a province which fully deserved it for schools to be built and run. Halfway the money got exhausted. A team arrived, reported that half the money at least had been diverted to personal ends. A strong Governor, who was blown up by unknown forces, appointed one of the most competent judges / Chief Justice who was thrown out by equally strong unknown forces and hunted at times by the same forces throughout the country was appointed to inquire. His report did not, as usual, see the light of the day. Without establishing the connection in the Eradication of Corruption report at page 148 we reported that one case against an ex-Minister, four cases against Ex-Chief Minister, and one case against ex-Governor, all of the corruption were withdrawn from courts.

An event of December 2017 made me greatly optimistic about our recovery, soon, quick, at little cost. Interpol reported to our security agencies in Rawalpindi/Islamabad that we see a man blindfolded being carried by two persons on a motorcycle. Our elite force, paid better, trained better, could catch only the blindfolded person. The real culprits managed to escape. No report thereafter how long after the blindfolded man was released, and on what terms, and what action was taken against those performing their duty.

Long back when the same political party was in power as is in 2018, its senior members had an interview with the most successful Prime Minister of Singapore Lee Kuan Yew. It was published in popular vernacular daily of north Pakistan. It must be in their archives. They asked him, can Pakistan ever progress like Singapore? The blunt answer was “Never!”. They were shocked and asked him why he was saying so. He said for three reasons

(i) first, you are all the time looking forward and preparing for the rewards in the life hereafter, almost totally ignoring what is happening around you on earth in your lifetime here

(ii) the second, that you do not believe in reconciliation, mediation, or settlement of your disputes in your lifetime. You want that it should be continued for generations by your successors also. This fact is borne out by two events. Late Justice Samdani has mentioned in one of his books, “I asked a colleague (name not given but likely to be a CSP colleague) ‘Why you do not believe in reconciliation and compromise? His reply was ‘Without it, there remains no thrill in life!”.

For the second event, look up at the longest pending case of the sub-continent. A case of Doshipura, Banaras my town of birth. The case is between one Shia and one Sunni over two acres of land instituted in 1878 reaching Indian Supreme Court in 1981, the Shias winning in all the courts. The order of the SC passed in 1981 is still awaiting implementation. The UP Govt saying it will raise communal dispute hence it cannot, and will not, enforce it. The Sunni claim is based only on the fact that Mumtaz Mahal was buried here till her body was removed to Agra where Taj Mahal was built.

(iii) The third reason given was that the economy and politics of your country is run by Armed Forces to the acclaim of everyone. The reasons given are all long-lasting.

 

I was fully a part of one foreign aided project, of Village Aid. As Deputy Commissioner, Bhawalpur assisted by two officers I was supposed to supervise it. Three principles which formed the basis of the programme were commendable. First, the economic funding capacity of each district or unit was determined, between 20% to 60 %. Second, the project needed was to be locally selected to establish its local ownership. Third, feasibility was to be done by the concerned department.  The execution of the project was to take place by the government department with oversight of local sponsors. Finally, the maintenance to be a local responsibility.

As I was transferred I could not see much of it. What I learnt subsequently was that in most programmes our briefings, presentation, distribution of duties, responsibility, performance and accountability, all were orally shared, not caring much for the accuracy of facts, figures and estimates. Coordination and teamwork was lacking.

There is a very good system, particularly suited for semiliterate and developing societies, of issuing a FAQ (Frequently Asked Questions) for each project or department. It not only educates people but opens a new field of advancement and progress

There should be established a simple but robust system of internal review and accountability , all to be dealt with and disposed of by written orders.

All administrative problems should be dealt with not as in adversary but as in the inquisitorial system. Disclosure of complainant’s identity should be not insisted upon, never disclosed to the opponent, to turn it into adversary proceedings.

 

This is the second post on the topic. Please read my earlier post for an introduction. 

With what honour and dignity, the unwanted were shuffled

An ICS (Indian Civil Service) officer whom I considered from appearance to be the smartest, more than fifteen years my senior, was transferred from the Executive to the Judiciary for reasons unknown. Wise enough, he had already completed the required judicial training so he had to be posted as District and Sessions Judge. He was posted in Lahore. Within a few months, the Chief Justice of the province started receiving reports that he never started his court work on time, did it in a leisurely fashion. The Chief Justice came to his Court on a working day at 9:30 am (at the time starting time for courts was 9am). The courtroom was empty. The Chief Justice walked into the judge’s chamber, found the judge on a reclining chair, one attendant pulling out breeches from the right leg the other doing the same with the left leg. The judge explained that he cannot start work without doing half an hour of riding in the morning. The Chief Justice took no time in sending him back to the executive. Continue reading “23 Jokes as a Source of Law and Wisdom – With what honour and dignity, the unwanted were shuffled”

Introduction

I have an outdated habit, soon it will be called primitive, keeping hard copies of photographs, and the size has gone on decreasing, now five inches by seven inches. The larger, bulkier albums are still there. If I pull them out they are likely to fall from my hand, if not, I am more likely to fall under their weight. The same is happening with bulky books and folders. These smaller photos somehow give me the feeling that the entire events antecedent and attendant, except the exact names, appear like a flash giving me the impression that they are holding the fort against dementia. How long nobody knows. Continue reading “22 Facts still to be made part of our history”

I have added two new chapters to my memoir here:

Chapter 14 Retirement Life in the USA

Chapter 15 The past that is not disappearing

First of a two-part chapter, covering my life in retirement, first in Pakistan and then in the United States.

Read more here…

I had a great advantage of having an extended family, each member of which had an opinion, poles apart.  On the death of my mother in 1935, the dispute over my custody was settled by the marriage of my mother’s sister to my father. At the time, my maternal uncle, seven years elder, still a student, having difficulty in clearing matriculation examination, took over my custody, and kept it all his life.

Read the chapter …