TODAY'S PAPER | JULY 22, 2020

UAE Mars probe

Editorial | 22 Jul, 2020

SPACE, the final frontier, has fascinated man since time immemorial, and in the
modern age aiming for the stars has become a matter of national prestige. At the
height of the Cold War, the Soviets and the Americans competed fiercely in the space
race, sending chimps, dogs and eventually humans into space. However, it was the
Americans who took a ‘giant leap’ by putting Neil Armstrong on the moon in 1969. Ever
since those heady days, countries have been trying their best to add their names to the
elite spacefaring club. On Monday morning, the UAE made significant progress through
Al Amal, dubbed the first Arab mission to Mars, launched from a Japanese site. The
UAE had only some time ago put its first astronaut in space.

Due largely to its backwardness in all things scientific, the Muslim world has been a laggard
in the space race. While the first Muslim in space was a Saudi prince — Sultan bin Salman,
son of the current king — who hitched a ride aboard an American shuttle in 1985, Muslim
states have made slow advances in space exploration, mostly guided by technology
developed by others. The fact is that whether it is space travel or any other branch of
advanced science, the Muslim world does not have much to boast about. While the world of
Islam blazed trails up till the Middle Ages, ever since the colonial and postcolonial eras there
has been mostly silence. Apart from Turkey and Iran, most Muslim states are consumers of
scientific knowledge, not producers. The reasons for this are many; primarily, Muslim rulers
have not been too bothered about promoting scientific learning and innovation, while
decaying education systems create mostly rote learners. Even the oil-rich Arab sheikdoms,
who have built skyscrapers with foreign expertise, have not inspired their pampered native
populations to innovate and excel. A truly exciting day will be one when students in the
Muslim world will have the training and academic vigour to chart their own way to the
stars.

Published in Dawn, July 22nd, 2020

 TODAY'S PAPER | JULY 22, 2020

Post-Eid conference
Editorial | 22 Jul, 2020

THE ingredients were all there. A PML-N delegation had just called on PPP chairman
Bilawal Bhutto-Zardari in Lahore that is considered an auspicious venue for nascent
movements. A multiparty conference is set to be held after Eidul Azha. Yet there is
something missing. At the gathering of members of the country’s two biggest
opposition parties, the setbacks that make things easier for the PTI government were
noted. But true to tradition, there was no great search for a new direction, not even a
sustained common ambition. It can be said though that the ground had been better
prepared this time. Mr Bhutto-Zardari arrived in Lahore against the backdrop of a
consultation he and his father, Asif Ali Zardari, had held with Maulana Fazlur Rehman,
who is almost certainly going to be a very important component of any opposition
alliance against Prime Minister Imran Khan. The PPP chairman also contacted Mian
Shahbaz Sharif after landing in the Punjab capital to further prepare the ground for
talks on a joint front that Mr Bhutto-Zardari has been very keen to create for some
time now. But whereas he would be hoping that the long-stuck opposition ship is about
to set sail in the right direction, the reluctance reportedly shown by Mr Sharif over
participating in the conference could represent a huge hindrance.

All talk of PPP and PML-N must start with a basic question: can they ever trust each other?
In this particular case, Mr Bhutto-Zardari is out to sell a messy option to a true connoisseur
of drawing-room games. He is taking a route that the PML-N’s own politicians have found
difficult to tread. Mr Sharif may be indisposed and thus a doubtful starter for the MPC.
However, his party colleagues, as well as opposition politicians such as Maulana Fazlur
Rehman, betrayed by friends while he was on the march to Islamabad, can confirm how
unyielding Mr Sharif can be to demands of protest, let alone street agitation. Impatient, pro-
action opposition elements would have been more comfortable dealing with Mian Nawaz
Sharif or Maryam Nawaz. That was not to be and now they are confronted with the task of
ensuring that their post-Eid huddle is successful. It is too big an occasion to be marked by
merely deriding the government. The opposition alliance led by the PPP and PML-N has to
ensure the presence of all stars and come up with a plan befitting of an Eid milan party.

Published in Dawn, July 22nd, 2020

 TODAY'S PAPER | JULY 22, 2020

SC’s denunciation of NAB

Editorial | 22 Jul, 2020

THOSE who run the National Accountability Bureau should hang their heads in shame
— if they have any capacity for it. The anti-graft body has often been censured for its
modus operandi but this time around, no less than the Supreme Court has excoriated
its workings as being patently unlawful, unjust and in furtherance of a political
agenda. Authored by Justice Maqbool Baqar, the 87-page judgement in the Paragon City
case describes the matter as “a classic example of trampling of fundamental rights,
unlawful deprivation of freedom, and liberty and the complete disregard for human
dignity as guaranteed by the Constitution”. The two-judge bench had granted bail on
March 17 to the accused, former railways minister and PML-N leader Khawaja Saad
Rafique and his brother Khawaja Salman Rafique, overturning a rejection of their bail
plea by the Lahore High Court on June 18 last year.

The court has perceived NAB’s conduct in this case as part of an unmistakable wider pattern
that speaks to objectives far removed from any notion of accountability. The verdict notes
the bureau’s reluctance to act against one side of the political divide even where huge
financial scams are concerned, while “those on the other side are being arrested and
incarcerated for months and years without providing any sufficient cause even when the
law mandates investigations to be concluded expeditiously and trial to be concluded within
30 days”. How else can this be interpreted but as a witch-hunt, the very antithesis of
accountability? Pursuing a political vendetta in this guise only erodes the people’s faith in
governance, exacerbates political divides and brings the democratic process into disrepute.
Indeed, when mechanisms of justice are manipulated into serving instead as instruments of
persecution, it puts the very future of a country at stake.
The Supreme Court verdict reiterates that NAB’s actions violate the principle of ‘innocent
until proven guilty’, which is included in the UN charter of human rights. The bureau
chairman’s powers to arbitrarily carry out arrests have proved a convenient stick with
which to beat the opposition — and the odd recalcitrant journalist — with. Taking an
individual into custody on allegations of corruption and keeping him there is a surefire way
of destroying his reputation in the court of public opinion, even when evidence is flimsy or
non-existent. The humiliation inflicted over the past few years by NAB on numerous
bureaucrats who allegedly carried out illegal orders by ‘corrupt’ politicians, has rendered
the bureaucracy virtually catatonic. A number of businessmen were also hauled up by NAB;
that did not have a salutary effect on the investment climate in the country and the law was
tweaked accordingly. Now that the Supreme Court has weighed in so unequivocally, the
government must sit with the opposition and thrash out new accountability legislation, one
that actually serves the ends of justice.

Published in Dawn, July 22nd, 2020

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 TODAY'S PAPER | JULY 22, 2020

A farce gone too far

Zahid Hussain | 22 Jul, 2020

The writer is an author and journalist.

THE latest Supreme Court ruling is a damning indictment of the National

Accountability Bureau’s (NAB) conduct and the ongoing political witch-hunt. The
country’s top anti-graft watchdog is accused not only of trampling on human rights,
freedom and human dignity but also of becoming an instrument of political
engineering.

It is a devastating blow to the image of the organisation whose credibility was already in
question. The allegations of its high-handedness and partisan approach are not new but the
latest ruling by a two-member bench of the apex court raises broader questions about a
system that props up such corrupted institutions.

There has never been any illusion regarding the claim of NAB being an autonomous body
but even the veneer of impartiality has now been blown off. Since its formation by Gen
Musharraf’s military government, it has been used as a tool for political blackmailing and
manipulation.
Remember how graft charges were used to buy the loyalties of politicians? Charges of
corruption were dropped when loyalties shifted and those previously accused were
overnight inducted into the cabinet. Musharraf had declared that NAB had been established
to put the fear of God in the hearts of the corrupt. But it was never to be.

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It is rare for an anti-graft body to have such

wide-ranging powers.

Such practices may have continued under successive governments, but NAB’s partisanship
and what Justice Maqbool Baqar in his ruling has described as the “capricious exercise of the
power to arrest” is unprecedented. It’s not a coincidence that almost every opposition leader
who matters is being investigated by NAB; many of them have already spent several months
in detention without being formally charged.

Yet there has hardly been any instance of anyone from the ruling coalition being meted out
the same treatment despite the fact that many of them have held public office under
successive dispensations and have been accused of not having a clean record. They are
declared kosher once they join the ruling clique. As Justice Baqar pointed out, “The bureau
seems reluctant in proceeding against people on one side of the political divide even in
respect of financial scams of massive proportion”.

Such arbitrary use of sweeping powers of arrest is now being effectively used not only
against opposition political leaders but also against bureaucrats, businessmen, and even
mediapersons. It is apparent, and as the court in its ruling noted, the bureau has been
operating beyond its mandate of investigating only those holders of public office who have
been accused of graft thus allowing the body to operate above the law. It is rare for an anti-
graft body to have such wide-ranging powers.

Perhaps the biggest nightmare of every civil servant is a call by NAB. It is not exclusively
about graft; any decision taken by them can put them in trouble. There are many senior civil
servants who have been in NAB’s detention for months without any charge. There have been
many instances of officials being hounded even after having been retired for more than a
decade.

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Vice chancellors of state universities have actually been detained for decisions pertaining to
the hiring of lower staff. Surely, there have been some cases of wrongdoing and corruption
involving bureaucrats, but questioning every civil servant for decisions they take in their
official capacity makes everyone nervous.

But the real question is what makes NAB such a dreaded organisation and where does it
derive its power from. In recent years, it has extended its area of operation; that could not
have been possible without the encouragement of some other powerful institutions.

Surely NAB has turned into an effective weapon in the PTI government’s armoury in its
battle against the opposition. But the allegation that it is being deployed as an instrument of
political engineering has much deeper connotations. Such an inference is generally directed
at the all-powerful security agencies that have often been blamed for political manipulation.

It is quite significant what Justice Baqar stated in his ruling: “We have come to this
unfortunate pass, in most part, because of the repeated direct unconstitutional
interventions, and manipulations by undemocratic forces.” That raises questions about the
alleged nexus between the anti-graft body and “undemocratic” forces. The recent actions
taken by NAB reinforce the perception of its being used for political engineering. It is an
extremely damaging image for an organisation responsible for fighting corruption.

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Intriguingly, the bureau is still functioning under an ordinance after two decades of its
formation; there has not been any effort by successive elected governments to legislate a
framework under which NAB should function. The sweeping powers of arrest and detention,
without any formal charge, are a travesty of justice that needs to be struck down.

In fact, there is a need to revisit all NAB provisos that violate the basic norms of justice,
making the body controversial. Although NAB is supposed to be an autonomous body, in
effect it has never been so. The Supreme Court ruling rightly pointed out that the “principle
of trichotomy of power and the concept of devolution have been trampled with contempt”.

Therefore, it is imperative to overhaul the bureau, make it independent of political pressure,

and remove its inhuman face. One of the most crucial aspects where NAB fails modern legal
standards rests in the structure of the organisation. The NAB chair has been vested with
unprecedented powers that can easily be misused. It is equally important to ensure that the
head of the organisation is a person of integrity with high ethical standards.

However, the main question is whether the government is interested in reforming the
bureau, which, as a consequence of extremely short-sighted thinking, the rulers seek to use
as a political weapon against their opponents. This weapon can be used against those in
government now, once they are out of power, or even to oust the government through
political engineering. The opposition parties have learnt their lessons the hard way. There is
no denial that corruption is a major problem affecting the political and democratic process
in the country, and therefore there is a greater need for a strong accountability process. But
NAB with its dubious practices cannot play that role. It is a farce that has gone too far.
The writer is an author and journalist.

zhussain100@yahoo.com

Twitter: @hidhussain

Published in Dawn, July 22nd, 2020

 TODAY'S PAPER | JULY 22, 2020

The fallen Buddha

Rafia Zakaria | 22 Jul, 2020

The writer is an attorney teaching constitutional law and

political philosophy.

THREE years ago, Pakistan was celebrating statues of the Buddha. One of the world’s
oldest sleeping Buddha had been unearthed in Bhamala in Haripur. The unveiling of
the sleeping Buddha was strategic, meant to highlight the end of an era. The ravages of
the Tehreek-i-Taliban Pakistan (TTP) were now over, as was their theatrical
destruction of ancient relics that are a part of world history. No longer would Pakistan
be known as a place where the unthinking destruction of world history occurs, no
longer would Pakistan be a place where there was no tolerance for the religious relics
of other faiths. Even then opposition leader Imran Khan made a statement noting that
the issue “is a question of preserving these heritage sites, which are an asset for the
country”.

That was in 2017, just a year after the Khyber Pakhtunkhwa Antiquities Act was passed. The
legislation made it mandatory for anyone who found ancient artefacts to immediately
inform the government. Even more importantly, it made it a crime to “destroy, break,
damage, alter, injure, deface or mutilate or scribble, write or engage any inscription or sign
on, any antiquity or take manure from any protected antiquity or important antiquity”. Even
more crucially, the act specified that any person committing these crimes could be
imprisoned for five years or fined Rs2 million, or both.

The unveiling of the sleeping Buddha was

supposed to represent the turning of the
page on the age of the TTP.

It is now time to enforce the act. Earlier this week, a video surfaced on social media showing
a group of men unearthing an ancient Buddha sculpture. Then a man takes a hammer and
starts destroying the relic. Other men can be seen watching and making videos of the
destruction. The act was allegedly carried out at the behest and provocation of a cleric who
had told the men that even their nikah would be rendered invalid and they would no longer
be considered believers if they did not immediately destroy the statue.

After everything was over and the statue had been destroyed, police arrested four men
under the Antiquities Act. The director of archaeology and museums, Abdul Samad, declared
that those who had destroyed the statue would be duly punished. A few hours later, officials
tweeted that the four men responsible for the vandalism had been arrested and were in
police custody.

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The Buddha, of course, is destroyed. It had been found accidentally, and it is evident from
the video that it was in good condition when it was found. It will never be in good condition
again. Even after the men have been punished, put in prison for five years or been made to
pay Rs2m, the destroyed piece from so long ago will never be whole again. That is the thing
with things that are destroyed; they can never be returned to what they were.

If the unveiling of the sleeping Buddha discovered in 2017 is any evidence, Pakistan’s
rediscovered respect for history was supposed to represent the turning of the page on the
age of the TTP. The new tolerant Pakistan, equipped with the particular legislation on
protecting antiquities, was not supposed to do such a thing. And yet, as these recent events
point out, the production of a tolerant Pakistan has not been so easy. Clerics in villages are
still saying the same things that they have said to incite people to violence — against people,
against objects and against history — as they have done before.

Solutions are hard things to find. On the provincial government’s part, a law has been passed
and is being enforced. After all, how are the police to know that such a statue has been
found and, then, in the current mess of the pandemic and heat and deprivation, respond and
protect such an object? Then, there is the fact that while the TTP’s hold has to some relative
extent been reduced, little can be done about the people who still exhibit TTP tendencies.
Even as governments change and wars end, people can remain the same, hold on to the
same prejudices and believe that the mere existence of a historical relic is a threat to their
beliefs.

Given the importance of unveiling the sleeping Buddha in 2017, our governments evidently
realise that there is international import to the discovery and restoration of the ancient
relics that are found in Pakistan. In this respect, simply and only passing a law, whose
existence is unknown to most of the people who would and could find such a relic in the
rural areas of northwest Pakistan, cannot be the solution. The edicts of clerics in mosques
and their incitement to force the destruction of antiquities cannot be countered so easily.

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If Pakistan is really turning the page on its terrible ‘Talibanised’ past, it should make a more
sincere effort. The area where the Buddha was found is one where hundreds of ancient
relics have been excavated. It would make sense for the government to provide some funds
for their excavation and proper storage in a museum. Acts such as these would state clearly
and for all that Pakistan accepts the part of its heritage that existed before Islam. If this sort
of rational thinking is not possible, the excavated objects could be given away to a museum
in a country that does not feel threatened by its own history.

It is easy to say that the era of the TTP is over. It is just as easy to unveil a Buddha and
declare that the new Pakistan is able to respect history and a heritage that is pre-Islamic.
Much more difficult is the project of transforming a culture that has been so corrupted with
religious obscurantism that inanimate objects are a danger to its very existence, its idea of
itself.

The writer is an attorney teaching constitutional law and political philosophy.

rafia.zakaria@gmail.com

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Published in Dawn, July 22nd, 2020

 TODAY'S PAPER | JULY 22, 2020

Palace intrigues
Syed Saadat | 22 Jul, 2020

The writer is a former civil servant.

THE critics of conspiracy theorists often argue that everything is not a conspiracy but
in Pakistan it seems that everything is.

PIA has seen 11 chairpersons being replaced in 10 years, an average of less than one year
per chairman. The Federal Board of Revenue (FBR) has seen four in 22 months, an average of
less than six months per incumbent. Going by the way the bureaucracy works the new
chairperson’s welcome parties are not over yet when he or she receives marching orders to
go and attend a series of welcome parties somewhere else.

The latest change in the FBR seems like a chapter right out of a novel based on palace
intrigue. The Supreme Court through its verdict in the case of Justice Qazi Faez Isa has
directed the board to investigate and submit a report about the source of funding of the
foreign properties acquired by the judge’s wife and children within a period of 100 days and
the new chairman of the FBR has been appointed by the government for a period of 90 days,
and that too when the last chairperson was appointed just a couple of months ago. What
should we call it? Horses for courses takes on a whole new meaning here.
 Horses for courses takes on a whole new
meaning.

Also, there is another catch even for the incoming chairperson Mr Javed Ghani as he has
been appointed FBR chairman on a temporary basis, presumably so that he can be replaced
without any eyebrows being raised. And if he wants to continue with the prestigious position
he occupies then he must prove himself by his performance which might not be directly
related to revenue generation. This is because under the leadership of the previous
chairperson Nausheen Amjad, the FBR had reportedly exceeded the thrice-revised target of
tax collection for 2020. Nevertheless, she was replaced.

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Critics might point out that achieving a target that has seen many downward revisions is, in
fact, no achievement at all, which is a valid argument. But then, if such a change had been
prompted by a lack of performance then the outgoing chairperson would perhaps been
made OSD (officer on special duty) rather than being appointed federal secretary which is
the pinnacle of the career of our bureaucrats.

Under normal circumstances, these positions are occupied by civil servants from the
Pakistan Administrative Service (which in itself is a discriminatory and oligarchic entity) but
previous examples tell us that if you want to keep someone from spilling the beans then it is
a good idea to appease him or her with something like this. What criterion justifies the
appointment of an officer from the income tax department as secretary culture and heritage
is beyond one, unless we consider the culture of tax evasion in Pakistan to be a part of the
local heritage and culture. Shouldn’t decisions be made on the basis of merit rather than be
specific to certain circumstances?
It has been pointed out that the FBR established the international tax directorate general in
March 2019, around the same time as the reference against Justice Isa was being prepared.
The reference was officially sent out by the president in May 2019. There is nothing wrong
with such directorates as long as they are not used as tools of coercion and are not person-
specific.

They say that judges speak through their judgements. Where these concern the ones penned
by Justice Isa, there is a perception that he cannot be coerced to limit his thought processes
to overlook the bitter truth of politics, unlike many leaders in positions of power; he shows
no reluctance to speak about the elephant in the room.

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Since he is scheduled to become chief justice on Sept 18, 2023, for a period of 13 months,
concerns have been voiced about the part of the verdict that seeks an FBR investigation into
the source of funding of the aforementioned properties.

Are such developments against a plain-speaking judge a warning to others in the judiciary to
not indulge in something which is not in line with the ‘approved’ norms? Time will tell.

Unfortunately, the very act of unleashing a controversy serves the purpose of some parties.
Perceptions in this age of social media is all the evidence you need to achieve the desired
results. Justice based on perceptions is justice in a hurry and justice in a hurry, is not
necessarily just.

Lastly, a disclaimer that must go with this kind of analysis. This is a mere analysis, perhaps a
figment of my imagination or an attempt at connecting the dots. Suffice it to say, any
resemblance with anything living, dead or moving in any direction like, for example,
artillery, is coincidental. I am sure those at the helm of affairs know statecraft much better
than I do, as they have shown over many decades of rule in this country in one form or the
other.

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The writer is a former civil servant.

syedsaadatwrites@gmail.com

Twitter: @SyedSaadat55

Published in Dawn, July 22nd, 2020

 TODAY'S PAPER | JULY 22, 2020

A different world
Mahir Ali | 22 Jul, 2020

WHEN foreign delegates to the second congress of the Communist International

reached Petrograd 100 years ago this month, the atmosphere was somewhat different
from that of the previous year’s founding congress.

The incipient Russian Soviet state was more firmly grounded, although external threats
remained. The journey still wasn’t an easy one. Three delegates died on their way. Earlier in
1920, the American journalist John Reed — whose eyewitness account of the 1917 Bolshevik
revolution, Ten Days That Shook the World, remains a classic — was thwarted in his attempt
to return to his homeland. The conditions of his imprisonment in Finland are believed to
have contributed to his death later that year, but his often dissenting opinions echoed loudly
in the conference chamber.

Despite the exigencies, the second congress was more representative than the first, with
delegates not just from Europe and the US, but also Persia, Turkey and the Dutch East Indies.
The most prominent participant among those representing “the toilers of the East” was
Manabendra Nath Roy, who spoke for Mexico and British India, and played a key role in
founding the Indian communist movement in Tashkent.
M.N. Roy also challenged Lenin’s thesis on national liberation movements, arguing that the
advice on collaborating with “bourgeois democratic” forces in the colonies ought to be
restricted to aiding “national revolutionary” entities. Lenin accepted the critique and asked
Roy to reformulate the document, which was endorsed by the congress as a joint Lenin-Roy
thesis.

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A century ago, the aim of a Soviet global

federation did not seem illusory.

The debate on national liberation movements also dwelt on Palestine, with the Zionist point
of view — which favoured a “colonisation” aimed at liberating both Jews and Arabs, but not
a “Jewish state” — encountering opposition from other Jewish factions, which viewed the
very idea as a travesty. The reverberations from those days have echoed through the ensuing
century. A communist Zionist would be hard to find nowadays, but so-called liberal Zionism
recently suffered a blow when one of its leading lights in the US, Peter Beinart, effectively
abandoned the misbegotten creed by conceding that a single-state solution was the only
viable alternative to the unacceptable Israeli status quo.

Many other key debates at the congress, dwelling on parliamentarism, participation in

organisations such as the British Labour Party, and whether trade unions with reactionary
leaderships ought to be confronted from within or without, may seem esoteric, but similar
arguments have resonated ever since — witness the current debate among its left-wing
elements over whether it’s worth clinging on to the reactionary post-Corbyn Labour Party.
There was no dearth of disagreements. Comrades from Germany, Italy, France and the
Netherlands, in particular, verbally combated each other as well as the two main Russian
personalities conducting the proceedings, Grigory Zinoviev and Karl Radek (who also
represented Poland). The British suffragist Sylvia Pankhurst remained adamant that the
Labour Party was poison. The Russians, including Lenin, were inclined to be a great deal
more accommodating, arguing that the likes of the Labour Party, as well as the rapidly
expanding trade unions in Britain, the US and elsewhere, remained viable avenues for
shifting the tide towards the destruction of the bourgeois state.

In today’s context, perhaps the two most interesting perorations were Lenin’s opening
overview of the international situation — before the congress, which opened on July 19,
1920, moved on to the Kremlin — and Leon Trotsky’s closing address on Aug 6. Both kept a
close eye on global developments, not least through regular conversations with the visiting
delegates, and expounded at length on the circumstances in countries from Britain, France
and Italy to the US, Persia and India.

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Their views on the role of the US, following the Treaty of Versailles and the establishment of
the League of Nations, which was both sponsored and neglected by Woodrow Wilson, are
predictably acerbic. Trotsky sees Wilson’s campaign as “an attempt by the American
plutocracy, the New York Stock Exchange, to subordinate Europe and the entire world to
itself”, noting that it was held back by Britain, with its superior naval fleet and “the richest
experience in matters of world plunder and rape”. He speaks of the Indian Ocean as a
“British lake” ringed by colonial subjects in “Egypt, Persia, Afghanistan, Baluchistan and
India”.
Back then, the aim of a Soviet global federation did not seem illusory. Some of the delegates
from Moscow went on to the congregation of the “peoples of the East” in Baku. The aim of a
worldwide revolution never came to fruition. An estimated two-thirds of the participants in
the second congress perished in Stalin’s purges.

Today’s world bears little resemblance to the future the delegates in Moscow imagined 100
years ago, but it’s not all that different from what they were militating against.

mahir.dawn@gmail.com

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Published in Dawn, July 22nd, 2020