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Showing posts with label Ardeshir Cowasjee. Show all posts
Showing posts with label Ardeshir Cowasjee. Show all posts
Posted by eadposting - -

THIS 18th-century adage finds particular application in the rampant maladministration obtaining all over Pakistan.
Rather than tackling problems under established procedures and rules, as and when they occur, our government functionaries procrastinate, seeking magical solutions that will satisfy everyone, until the heavy hand of the law descends on all.
They allow unlawful situations to deteriorate to the extent that addressing them becomes difficult or virtually impossible.
In March 2010, former Karachi Nazim, Naimatullah Khan, petitioned the Supreme Court against the shameless brazen conversion of amenity spaces all over his “sinking city” into private residential and commercial estate. He told the court that political, ethnic, sectarian and religious groups, in collusion with the City District Government Karachi (CDGK) and functionaries of the provincial government, had been and were in the process of occupying and usurping public land for pelf.Naimatullah submitted satellite images of encroached parks/playgrounds, impotent complaint letters addressed to the prime minister, the Sindh governor, chief minister, chief secretary and a string of politicians and administrators of the city and province.
Also submitted was comprehensive supporting documentation (news clippings, opinion columns, photographs).
He acknowledged the courageous role of the apex court in recent years in arresting such anti-public interest practices all over Pakistan — including Islamabad, Lahore and Murree — and prayed that Karachi’s amenity spaces be restored to designated master-plan use.
On Feb 2, 2011, a full bench comprising Chief Justice Iftikhar Chaudhry, Justice Khalil-ur-Rahman Ramday and Justice Ghulam Rabbani, directed the CDGK to demolish, within 30 days, all encroachments and illegal buildings (including government and political party offices) in Karachi’s public parks and amenity spaces. When informed that religious structures also existed on these plots, the honourable judges observed that illegally built mosques could not be considered legitimate constructions.
The special force (supported by area police) and criminal courts established last September under the Sindh Public Property (Removal of Encroachment) Act 2010 could be well utilised to assist in this gigantic operation against amenity-space usurpers. Encroachers (and their partners in government and police) are liable to onerous fines and heavy prison sentences, aside from underwriting demolition expenses.
The Karachi scenario is worse than as described by Naimatullah. For instance, Webb Ground in Lines Area is still being utilised by the Makro-Habib mega-store 12 months after the Supreme Court handed down a decision that the amenity plot was not the defence ministry’s to lease, and that, in any case, government land could not be leased to NGOs at throwaway prices. The plot had been master-planned as a playground in 1983 and could not be used for commercial purposes.
When I talked to young Mustafa Kamal in 2008, the then city nazim frankly admitted that his party had settled and housed political workers on the parks of North Nazimabad. He asked why we were not tackling the increasing mosque encroachments on amenity spaces in the city, and stated that he would remove his party’s encroachments when the mosques were dismantled — and this from a mayor sworn under law to protect the takeover of public land.
Karachi’s Cantonment areas are not free from this menace. Some 20 per cent of a park adjacent to The Forum in Clifton is being used for parking cars from nearby illegal commercial structures: but for determined citizen action, the entire park would today be a multi-storeyed parking-plaza (we fail to understand the difference between ‘park’ and ‘parking’). Usmani Park on the seafront in Defence Housing Authority in 2005 was leased for a huge shopping-cum-entertainment-cum-residential complex before the high court stopped it under the ‘public trust doctrine’.
A 2009 series of columns entitled ‘I own Karachi — and can sell it!’, dealt with the escalating rape of amenity spaces in the city : the land-grab of over 50 park/playground plots including Gutter Baghicha, unlawful conversion by the City Council of numerous amenity spaces (2.5 acres at Clifton beach-promenade, 40 acres at Mahmoodabad sewage-treatment plant, etc), setting up of MQM party offices on 175 public plots, and auction of amenity land including public-building, dispensary, community-centre/garden, post-office, and car-shelter plots.
In September 2009, my friend and former chief secretary of Sindh, Kunwar Idris, wrote in this newspaper: “The nazim [Mustafa Kamal] of Karachi was heard complaining on television the other day that he could not prevent encroachments in Gutter Baghicha because the police wouldn’t come to his help. Surely he knows that both under the local government and police laws he is responsible for law and order and the chief of the district police is also answerable to him.
“Deputy commissioners had no better control over the police under the colonial laws than the nazim now has in Musharraf’s system. No deputy commissioner however could ever disown responsibility for encroachments. This writer was deputy commissioner of Karachi 40 years ago for four years. Those were not the best of times for the administration and Gutter Baghicha even then was a favourite target of professional encroachers. But they were able to nibble at the edges and no more. Losing 400 acres to them in four years signifies total lawlessness or connivance — neither should be tolerated.”
Enrique Penalosa, the outstanding former mayor of Bogota, Colombia, visited Pakistan in early-2009. He rightly brought up the future generations residing in congested cities bereft of parks, playgrounds and open spaces. What will they think of us, their forebears? That we were uncaring, selfish and rapacious, that our greed for money was never slaked?
He pointed out the obvious fact that in the future wealth and other assets can be created, but hoggishly devoured open spaces and parks once meant for the beneficial use of citizens can never be restored.
We must wish more power to the elbow of the Supreme Court!
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Posted by eadposting - -

WHILST morality lies moribund in this Republic, and its legislators slowly whittle away at whatever `assets` are left to it, the environment of our cities — Islamabad, Lahore, Karachi and others — is slowly and steadily being eaten up by the various mafias (official and otherwise) who feel their time is running out. Attack is the order of the legislative day.
Karachi, proud city of Sindh, where much of the country`s wealth lies, is a particular sufferer when it comes to the callous condonation given to build substandard constructions, to the loss of open spaces, greenery and what are known as amenity plots. The `regularisation` syndrome has for too long persisted.
In 2002, the then governor of Sindh, Mohammadmian Soomro promulgated an ordinance that converted wrong into right. He `regularised` thousands of hazardously-constructed buildings which would crumble and kill in the event of an upper-moderate level earthquake (in which seismic zone the city of Karachi lies). His excuse: “widows and orphans” who had “invested their life-savings” in the to-be-demolished-under-court-orders buildings needed to be protected.
He falsely promised to prosecute criminal builders and corrupt Karachi Building Control Authority officials who had colluded in the dangerous construction. As projected by the Association of Builders and Developers, the city stood to make billions in `regularisation` penalties. It was all an eyewash.
Now, a second Soomro `regulariser`, Sindh Law Minister Ayaz Soomro, (in the words of his party spokesman) wants to help “remove the sword of illegality” from over the heads of “poor and ignorant” people who have been deprived of their “hard-earned monies” by unscrupulous encroachers. He proposes, via the `Protection and Prohibition ( sic ) of Amenity Plots Bill 2009` to `regularise` all amenity plots in Sindh which have been encroached upon or `grabbed` during the past 17 years.
Such `compassion` is the hallmark of our politicians in and out of uniform. They protest that they do nothing for their own benefit, they serve the `poor and ignorant`, the `widows and orphans`. But they legislate in the name of progress and equity which merely affects their own pockets and power bases.
It is a statistical fact, undeniable by our `compassionate` legislators, past and present, that during the passage of 64 years under the guidance of generals, governors, ministers and their ilk, the levels of poverty, illiteracy and misery have alarmingly risen in our country.
Right now, with law and order dead to us, citizens of Pakistan are lining up to escape to other lands where strict implementation of the law is the norm. They have realised something that our transient leaderships fling to the dry winds, that an unemotional implementation of law leads to progress: electricity does not fail, water is available, sewage is treated, traffic moves, pollution is controlled, commerce/industry prospers, health standards rise, public order is maintained and life improves.
Pakistan has a long history of `regularisations`. Black money is whitened, smuggled cars are regularised, illegal appointments are regularised, tax evasions are condoned, unauthorised buildings are regularised, land-grabbing is regularised, illegal weapons are regularised, refugees are brought into the mainstream and military takeovers are clothed with the `doctrine of necessity`. This establishes a culture where what is illegal today will be legal tomorrow. It assures the lawbreaker that even if caught, he will not be punished. It proves that crime pays.
On March 1 this newspaper printed a most pertinent editorial: `Threat to public land`. Dissecting the `compassionate` Amenity Plots Bill 2009, it was aptly termed pro-land-grabber, contradictory, contemptuous of town-planning, unconstitutional, and in contravention of the Supreme Court`s recent directive to clear encroachments from parks in Karachi.
It stated: “If the government is sincere about the plight of underprivileged citizens who have been sold plots on encroached amenity lands by criminals, it should provide the affected people with alternative land. Amenity plots should remain amenity plots and the state should protect what little public space is left in Karachi, not aid criminals` efforts to occupy and make money out of it.”
Tomorrow, Chief Justice Iftikhar Chaudhry`s bench in Islamabad will learn what the City District Government Karachi has done to implement its Feb 4, 2011 order to clear, within 30 days, the 1,000-plus parks of Karachi from non-conforming encroachments.
The press reported that the drive started on March 2 (a few days before the deadline expired), and apparently the only structures being demolished were libraries, union council offices and gardeners`/sweepers` sheds, all built by the KMC/CDGK with taxpayer money.
In deference to their political and criminal masters, the CDGK demolition squad is not bulldozing the numerous land mafia`s buildings or private houses and commercial edifices on park land. Could the Supreme Court kindly look into this noora-kushti ?
Urban-planning laws forbid amendments to notified development layout plans without an elaborate procedure involving justification of changes, and invitation and consideration of public objections. Corrupt sleazy bureaucrats and politicians have observed these laws in the breach, with the result that the great majority of sub-divisions or changes in land-use have been carried out illegally over the past decades.
The Amenity Plots Cell of the CDGK`s Master Plan department has complete detailed lists and layout plans of all the illegal sub-divisions and allotments for non-conforming purposes in amenity plots in the city. The parks department has extensive information on the misuse of green spaces under its jurisdiction. All this must be properly placed at the disposal of the court so that the land grabbers` extensive efforts to defeat the directives of the judges are foiled.
This `regularisation` syndrome must be nipped in the bud, before it spreads all over the country. As our PPP government maintains, democracy is the best revenge. Under military rule in Pakistan, man exploited man. Under democracy today, the opposite applies.
[ Read More ]

Posted by eadposting - -

IN response to my column of January 9 there came an email message from a Russian friend resident in Pakistan. He stated that contrary to Pakistan’s fears, the Soviet government “never had any intentions to walk into Pakistan”.

He also pointed out that even when the Soviet Union had a “military presence in Afghanistan Pakistan remained beyond our strategic plans. The reason for such an approach is that historically we had partnership relations with India”.
The narrative taught in Pakistan starts with the assumption that the Soviet Union was anti-Pakistan right from Pakistan’s creation, just as our media is now busy trying to convince us that the United States is out to get us. Such was the Pakistani aversion to the Soviets that the process to set up diplomatic relations took over seven months even though Zafrullah Khan, Pakistan’s foreign minister, and Andrei Gromyko, Soviet deputy foreign minister, met on the subject of diplomatic relations in April 1948.
Pakistan saw relations with the Soviet Union from the prism of relations with India just as these days it sees ties with the US. In May 1949 Indian Prime Minister Jawaharlal Nehru announced his plans to visit the US in October 1950. Pakistan’s leaders were keen to have the US on their side and actively sought an invitation from Washington. They were disappointed that Nehru was invited before their prime minister, Liaquat Ali Khan.
Soon thereafter it was announced that Liaquat would visit Moscow, becoming the first Commonwealth head of government to visit the Soviet Union. The Moscow visit never materialised and instead in December 1949 it was announced that the prime minister would visit the US in May 1950.
The real reason why the US was chosen over Soviet Union became apparent in a background paper written by the Study Group of Pakistan Institute of International Affairs in 1956: “There are important divergences of outlook between Pakistan, with its Islamic background, and the Soviet Union with its background of Marxism which is atheistic … Pakistan had noticed the subservience which was forced upon the allies of the Soviet Union … Furthermore, there was the question whether Russia could supply the aid, both material and technical, which Pakistan so urgently needed.”
The main reason why Pakistan sought friendship with the US and joined the American camp during the Cold War was economic and technical assistance. That the Pakistani government and policymakers cloaked the rationale for this assistance in ideological terms is not surprising.
After decades of assumptions and speculation, we now have access to the Soviet archives to find definitive information on Soviet intentions towards Pakistan. But Pakistanis do not delve into these archives because rather than searching for the truth, they prefer to live in a make-believe world.
Out of all the declassified Soviet archives related to the military intervention in Afghanistan there are only a few which even mention Pakistan. Those that do, mainly talk about the need for talks between Afghanistan and Pakistan. None mention the “push towards warm waters” cited by Gen Ziaul Haq as the explanation of the Soviet occupation of Afghanistan and as justification for the US-backed jihad that haunts Pakistan to this day.
According to documents in the Soviet archives, the Soviet ambassador to Afghanistan Alexander Puzanov advised Afghan president Nur Muhammad Taraki in June 1979 of the need for meeting Zia to resolve problems. It was proposed that in exchange for Afghanistan’s support for Pakistan’s entry into the Non Aligned Movement (NAM), Pakistan would ban political activities of Afghan refugees and refrain from sending armed groups into Afghanistan.
In a meeting held the following month, July 1979, while Taraki insisted that Pakistan was not helping, Puzanov stressed the need for Afghanistan to do its best to initiate a dialogue and resolve pending issues with its neighbour.
Documentation from December 1979 highlights disagreement between Soviet military and civilian leaders on the decision to intervene militarily in Afghanistan. Soviet chief of general staff Nikolai Ogarkov is on record as arguing, “We will re-establish the entire eastern Islamic system against us and we will lose politically in the entire world.” He was overruled by the Communist Party ideologues.
In July 1980 Zia put forth a proposal for holding talks between Afghanistan, Pakistan and Iran under the aegis of the Soviet Union. Soviet archives reveal that in correspondence with East German Chancellor Eric Honecker, the Soviets reveal their suspicion of the “seriousness” of Zia’s “intentions”. Yet they agreed to go ahead with the proposal and offered themselves as mediators. The talks never took place because of Soviet and Afghan refusal to accept Pakistan’s demands that president Babrak Kamal be replaced and also because Iran backed out from these talks as well.
Out of the entire declassified Soviet archives available these are the only ones which discuss Pakistan. While not pleased with Pakistan’s support for the Afghan resistance movement and while often labelling Pakistan an American or western stooge, at no time and in no correspondence is there evidence that the Soviet Union planned an invasion of Pakistan.
My Russian friend is, therefore, right in pointing out that contrary to Pakistani belief and narrative, an invasion of Pakistan was “beyond our strategic plans”. While militarily intervening in Afghanistan for various reasons, Soviet strategists never contemplated invading Pakistan. They had a strategic relationship with India and did not wish to threaten a close ally by extending their military presence to India’s borders.
Pakistanis need to examine the Soviet archives and we need to review our entire unreal narrative of history. We must know where we deceived ourselves to avoid being deceived again. Russia is one of our close neighbours and could be an important economic partner.
[ Read More ]

Posted by eadposting - -

WITHIN a couple of weeks two well-known commentators, both familiar with Pakistan for many a year, one American and one British, have come out with papers suggesting reasons why Pakistan may finally prove to be a failing state — or collapse.
Stephen Cohen of the Brookings Institution we all know well. In February, he prepared a policy brief for NOREF entitled Coping with a failing Pakistan . He propounded on the various and varied reasons why `failing` is an option. “States are glorified bureaucracies,” he writes, “nations are ideas that are more or less viable.”
To its credit, Pakistan, against all odds, has survived for over 64 years, albeit not in its original form (political machinations took care of that). It has hung on grimly by the skin of its wobbly teeth and since the decade of the 1970s there have been murmurings and mumblings about it being a `failed state` without failure ever materialising. A banana republic, yes, one can easily put it in that category as it has forever been in hock to the highest bidder.
To state the obvious, it is the mighty army — united, disciplined, rich beyond belief, an industrial giant in its own right (porridge being one of its products) — which has never failed to ensure its own survival and thus that of the country that keeps it on top of the national heap, living on in the manner to which it has become accustomed.
As for the economy, according to Cohen, Pakistan has “fantasised over its economic prospects”, blaming others for its shortcomings and it has been unable or unwilling — expediency dictating — to do what it should do which is to tax the fat milch cows that sit in parliament and in the many different power houses that run the country.
The civilians and the military have both refused to deal honestly with a continuously failing economy which has rendered the country ungovernable by either and unlivable for a large majority of its burgeoning population.
Demographically there is danger. As with the economy, where the feudal, landowning, industrial lot has protected themselves, population control has been held hostage by the religious right and population growth has been unchecked due to the policy of pandering to the mullah masters.
Since the 1960s, no government has acknowledged the problem of the galloping population growth with which the country cannot cope. This criminal negligence — and the same goes for education — has contributed towards the inability to govern and fix the economy.
Cohen talks of political instability, the use of the free media by the militant-minded to undermine governance, deteriorating international relations, separatism and sectarianism, and an inability to rebuild state institutions. His summation is that a failing Pakistan which is how we apparently are regarded is damaging to any prospect of restoring South Asia`s strategic unity. The interested world will therefore have to put its collective heads together and think in terms of policy changes.
Anatol Lieven, who has been commenting on Pakistan for decades, has written a lengthy piece for the March/April issue of The National Interest , a bi-monthly US-based journal. His opening focus is on the impossibility of complete cooperation between Islamabad and Washington in the Afghan campaign. Pakistan will not and cannot deliver to the US what the US wants. That is one firm thought. He also premises that the US interest in Afghanistan is but fleeting whereas the preservation of Pakistan as a viable state is its vital concern.
The title, `A Mutiny Grows in Punjab` reveals all. It is Punjab and the military, which largely hails from that province, that are at the moment gluing Pakistan together. It is in Punjab that Pakistan will collapse or ultimately pull itself into shape.
With 56 per cent of the population, it naturally dominates the bureaucratic and military establishment. It has the most productive industry and agriculture — no arguing with that. But what it also has is militancy of the religious type, with banned outfits such as the Lashkar-i-Taiba nurtured and supported by the provincial government and those shadowy things known as the `agencies`.
On this subject, Lieven quotes my old friend Chandi — now better known as Syeda Abida Hussain, a high-flying member of the PPP (changing horses presents no problems to her). She has most aptly and wittily dubbed Punjab the `Prussian Bible Belt` — well done and bravo.
In this `belt` live and increasingly thrive the militant groups of the religious right; they are far more organised and efficient than their counterparts up in the frontier areas. And they have ties and links of various and varied natures with the mighty army that is the child of Punjab.
Therein lies the threat, the grave threat. And therein lies the possibility of a mutiny should unexpectedly the unlikely happen — in this country it has so often been (and is at the moment) the unlikely that prevails. Should there be some spark that splits the army ranks, that brings about a mutiny, Pakistan is sunk. Any fissure in the mighty army would surely bring about the collapse of the state — finally and ultimately. It is here that the deadliest danger is posed to the US and its allies.
What preventative measures can be taken? Well, says Lieven, “Above all, however, the removal of the hated American presence, and the end of US attacks inside Pakistan, would greatly diminish impulses to radicalise in that country, especially if the United States can help develop that state economically (admittedly a horribly difficult process, especially under the present Pakistani government).”
Amazing it is, how others, sitting on the outside, manage to see us as we fail to see ourselves — as we persist in our state of denial.
[ Read More ]

Posted by eadposting - -

THE PPP government in Islamabad finds the lawful directives of the Supreme Court (SC) increasingly difficult to obey, and is putting bureaucrats and government servants into a quandary of non-compliance and dereliction of duty. Examples are: NICL, Pemra, NRO, NAB, ECP, HEC, FIA, etc.
A similar situation is emerging with the Sindh bureaucracy. Former Karachi nazim, Naimatullah Khan, petitioned the SC about the growing occupation of city amenity spaces for non-conforming use, highlighting political party offices, housing and commercial structures, and provided a sample list of around 164 ravaged amenity plots. On Feb 2, 2011, the court gave the city government (CDGK) one month to remove the offending structures.
Under pressure from the coalition government in Sindh, the CDGK put into play an elaborate bluff. While demolishing union council offices, libraries, utility store rooms and other similar structures built with taxpayer monies, the CDGK has ignored the hundreds of houses and commercial structures erected on amenity spaces by political land-grabbers.
Further, as a diversionary tactic it submitted lists of hundreds of mosques/madressahs that have occupied amenity spaces over the decades, and requested petitioner Naimatullah’s assistance in dealing with the removal of these ‘sensitive’ encroachments.
Simultaneously, the PPP tried to present a bill in the Sindh Assembly to ‘regularise’ all amenity plot conversions over the past 17 years. In a letter dated March 2, 2011 addressed to the law minister, Ayaz Soomro, MQM’s parliamentary leader, Syed Sardar Ahmad, stated: “…The Sindh Protection and Prohibition of Amenity Plots Bill 2009, which had been withdrawn on my intervention in the session of April 2010, was once again withdrawn on 21st February 2011, on drawing your attention to our last decision.
“It seems that efforts are still being made to reintroduce the bill as is evident from the enclosed clipping from Dawn of 28th February 2011. Since the matter stands closed as the bill had been withdrawn in April 2010 and the issue has been raised by the media, kindly ensure that it is not reintroduced in the House.
“It had been settled that amenity plots shall never be converted for any purpose other than the purpose for which these had been earmarked in the original layout plans of the schemes under the law as well as by the rulings of the hon’ble high court and the Supreme Court. Any move to reintroduce it in the House shall be opposed by our party.
“You would appreciate that in view of the Hon’ble Supreme Court’s recent order to remove all structures from the public parks, how could the assembly be authorised to convert amenity plots for residential or commercial purposes?
“I do hope that bill no 7 of 2009, and for that matter any bill that seeks to violate the sanctity of the amenity plots, shall not be brought back for the consideration of the assembly, as such attempt shall be resisted.”
Earlier, when bill no 7/2009 was introduced, Sardar Ahmad on April 18, 2010 wrote to the minister emphasising that: “The big towns with sprawling population that is swelling everyday needs ‘lungs’ for the teeming millions.
It is interesting that in the year 1866, when a chaplain applied for the grant of plot PR-2, survey no 4-6 admeasuring 13,723 square yards for the construction of St Andrew’s Church on Preedy Street, Karachi, it was granted on condition that one-third area be used for church building, while two-thirds would remain a park/garden for ventilation and sanitation of the surrounding areas.
“Many land-grabbers, including clergy, have tried to utilise the open land for commercial purposes, but all their machinations were thwarted by me as commissioner Karachi and chief secretary Sindh. You will appreciate how concerned the collector and the commissioner in Sindh 144 years ago were to maintain open spaces for neighbouring residents, and we now want to authorise the assembly to utilise the amenity plots for other purposes. Is it not unfair on our part? Hence it is proposed to kindly withdraw the bill….”
The officials who have been ‘overseeing’ the SC-ordered demolition operations, DCO Mohammad Hussain Syed and Additional EDO (Revenue) Matanat Ali Khan, under whom the CDGK machinery and land-record department operates, are entirely aware of the exact nature of each and every encroachment on the 4,000-plus amenity plots in the city.
It is this very machinery that has ignored constant complaints from area residents, and has colluded with land-grabbers for pecuniary benefit. They are fully aware that 70 per cent of the encroachments on amenity spaces (the figure given to the SC) have not been removed.
Historical Google-Earth satellite-imagery shows the situations existing on amenity spaces on September 2010, January 2010, February 2009, April 2008, February 2007, February 2006 and as far back as February 2000, thus defining pretty much when various land-grabs took place.
In a few months, the judges will see which amenity plots were being occupied even while the hearings were going on in Islamabad, and while the CDGK was trying convince the court that Naimatullah’s public-interest litigation was not ‘adversarial’.
The grabbing/allotment of parks, playgrounds and amenity spaces has been sporadically continuing for decades, but the plunder has accelerated recently, and is now escalating into a free-for-all, SC case notwithstanding.
In Korangi’s Mehran Town, some 80 per cent of amenity spaces have been encroached for residential housing. Other areas experiencing such trauma include Surjani Town, Gadap (where satellite-images reveal a largely undeveloped scheme with the housing only on amenity plots), Baldia Town and North Nazimabad.
The SC needs the support and involvement of concerned citizens and residents. What do law-abiding citizens do? ‘Never say die’ and soldier on? For how long, we ask?
[ Read More ]