QUESTIONS POSED TO MR. ALTAF HUSSAIN BY THE DAILY “JANG” RELATING TO THE “PAKISTAN RESOLUTION” AND HIS ANSWERS PUBLISHED IN THE MAGAZINE SECTION OF THE DAILY “JANG” ON SUNDAY, 18 APRIL 2004
Question No. 1
Is the present Constitution (including all amendments to date) in accordance with the essence and spirit of the Pakistan Resolution?
Many readers and critics may not like the answer to this question. They may insinuate different hypothesis, however, I assume this as my national duty and consider it worship to expose truth to aware the students, present and the next generations of the facts. I, therefore, present my answer. During the Pakistan Movement, since 1906 till 1947, no such resolution was ever presented referring to “Pakistan”. The resolution, which is referred to “Pakistan”, was in fact, “Lahore Resolution”. Word “Pakistan” was not used anywhere in the resolution which was presented on 23rd. March 1940. I would now like to present a few historical facts relating to “Lahore Resolution” for the benefit of the students. 27th. Annual Convention of All India Muslim League held at Minto Park, Lahore on 23rd. March 1940 presided by Quaid-e-Azam Mohammad Ali Jinnah in which Sher-e-Bengal Moulvi Fazlul Huq, Chief Minister of Bengal presented the “Resolution” which was supported and ratified by Chaudhry Khaleeq-u-Zaman, Maulana Zafar Ali Khan, Sardar Aurangzeb Khan, Haji Sir Abdullah Haroon, Nawab Ismail Khan, Qazi Esa Khan, Mohtarama Mrs. Mohammad Ali Jauhar, I. I. Chundrigar and Doctor Mohammad Alam on 24th. March 1940.
Following are a few basic points of the “Lahore Resolution”.
The Lahore Resolution resolved at the Lahore session of the All India Muslim League held on March 23, 1940.
This session of the All India Muslim League emphatically reiterates that the scheme of the federation embodied in the Government of India Act, 1935 is totally unsuited to and unworkable in the peculiar condition of this country and is altogether unacceptable to the Muslims in India.
The Muslims in India will not be satisfied unless the whole constitutional plan is reconsidered de novo (anew) and that no revised plan would be acceptable to the Muslims unless it is framed with their approval and consent.
Resolved
that it is the considered view of this session of the All India Muslim
League that no constitutional plan would be workable in this country or
acceptable to the Muslims unless it is designed on the following basic
principles, namely, that geographically contiguous units are demarcated into
regions which should be so constituted, with such territorial readjustment,
as may be necessary, that the areas in which the Muslims are numerically in
a majority as in the North-Western and Eastern Zones of India should be
grouped to constitute “Independent States” in which the constituent unit
shall be autonomous and sovereign.
Referring
“Lahore Resolution” as “Pakistan Resolution” now symbolizes that in
fact, this was the foundation for Pakistan and, therefore, it is now referred as
“Pakistan Resolution”. In the question of the daily “Jang”, the stress
is on the ‘spirit” of the Pakistan Resolution. The presence of soul in the
body signifies life and similarly body without soul is considered dead. In the
“Resolution of Lahore”, the resolve was that the Muslim majority contiguous
areas will not only be independent but sovereign also where the control and
command of the governance shall be vested in the “states” meaning that these
“states” would be totally independent and sovereign. If in the light of the
question posed by the “Jang” whether the present Constitution is in
accordance with the spirit of the Pakistan Resolution then the answer would be
no, definitely not, because the constitutional plan given under the 1935 Act was
rejected by the “Lahore Resolution” and instead a demand was put forward for
independent and sovereign states for the Muslim majority areas. After the
emergence of Pakistan, the Federation of India was dismantled and Pakistan was
born as an independent state as a result. A Federation for Pakistan was created
and then it was divided into two provinces. One province was called “East”
while the other was the “West”. If both provinces were given total autonomy
in accordance with the spirit of “Lahore Resolution” which is now called
“Pakistan Resolution” including the right to secession then if any province
wanted to secede for whatever reasons from the Federation then any province
would have seceded without any bloodshed. When the “spirit” of the
“Pakistan Resolution” was removed from the Constitution, then Pakistan
dismembered in 1971. If Pakistan was governed in accordance with the
“spirit” of the Pakistan Resolution then Pakistan would have never
dismembered. The “spirit” of the Pakistan Resolution was so badly mauled in
effort to make Federation strong to stronger that it badly mauled the country.
Now,
I would like to revert back to the first part of the question whether the
present unanimous Constitution of 1973 along with all its amendments is within
the spirit of the “Pakistan Resolution”? My response would be bitter and I
would pronounce that the present constitution is most definitely not within the
spirit of the “Pakistan Resolution”. At this point of time, more or less,
all the smaller provinces realistically appear to be disgruntled and if the 1973
Constitution had provided autonomy to the provinces then this autonomy is
neither visible nor the smaller provinces appear satisfied from this autonomy.
The administrative and police posts are appointed by the Federation. The
decision of appointment of the posts in administration, bureaucracy and other
important posts from 18 to 22 grades in the provinces rests in the hands of the
Federation and the participation of the smaller provinces in the governance is
negligible. How under these circumstances the Constitution of 1973 considered to
be within the spirit of the “Pakistan Resolution”? I would like to demand of
the President and Prime Minister of Pakistan to publish a list of the names of
all the Ambassadors, Deputy Ambassadors, High Commissioners and Deputy High
Commissioners and other important officials appointed in the Embassies and High
Commissions of Pakistan all over the world along with their provincial ethnicity
and mother tongues. It will provide an opportunity to the people of Pakistan to
draw their own conclusion whether the 1973 Constitution at all has any bearings
to the spirit of the “Resolution of Pakistan” or any closeness to it.
Amendments
incorporated in the 1973 Constitution
Unfortunately,
Pakistan was ruled by the military for half of its life span while the civil
governments, which came in power, incorporated amendments in the 1973
Constitution to make itself stronger and protract its rule instead of the
welfare of the people. These amendments in fact, changed the face of the
constitution. In fact, it would not be unfair to say that the repeated
amendments mutilated the face of the 1973 Constitution; these have not been
within the spirit of the “Pakistan Resolution”. It is now, inevitable, that
a Constituent Assembly be formed comprising equal and genuine representatives of
all the provinces to frame a new Constitution in accordance with the spirit of
the 1940 Resolution. The new constitution be implemented honestly, equitably and
without prejudice so that the unstable breathing of the remainder of Pakistan is
stabilized and Pakistan is considered a dynamic, prosperous and developed
country in the comity of nations within the spirit of the “Pakistan
Resolution”.
Question
No. 2
Does
our present Constitution establish essential relationship between individuals
and the state within the international parameters under the prevalent global
conditions we are living in?
Answer
The
present Constitution does not establish any relationship with individuals and
the state in accordance with international outlines and the repeated and
sustained amendments in the constitution has lost the purpose and utility of the
constitution.
Question
No. 3
What
necessary changes in the present constitution is essential which would satisfy
and activate the District, Provincial and the Federal Governments?
Answer
If
framing of a new Constitution is not possible at this point of time under the
prevalent global conditions then all the provinces be given total and genuine
autonomy through the present constitution within the spirit of the “Pakistan
Resolution”. All the rights and powers be vested in the provincial governments
and the Centre should only retain three subjects namely; Defence, Currency and
Foreign Affairs but the Centre should also guarantee appropriate representations
to the provinces in these subjects. These steps would indeed satisfy and
activate the Federal, Provincial and District governments to a greater extent.
Question
No. 4
Is
application of law of the land essential in Balochistan and Tribal Areas in the
NWFP like other parts of the country?
Answer
Application
of the law of the land in Balochistan, tribal areas in NWFP is absolutely
essential like it is applied in other parts of the country. Now the question
arise whether geographically is our country one? If it is, then the law enacted
for a geographical country should be enforced in all of its parts and frontiers.
In all parts of the world particularly in the democratic countries, the laws of
that land or country are enforced in all its parts and boundaries in similarity.
Unfortunately, both military and civil governments failed to pay any attention
on this sensitive matter in the past 56 years. We would not have confronted the
situation, we are confronting today in the Wana, Waziristan, tribal areas
including FATA and Baluchistan, had the governments in the 56 years determined
whether these areas are parts of Pakistan or not? Are the tribal areas of FATA
included in the geographical boundaries of Pakistan or not? However, people know
that the Tribal Areas of FATA are not only included in the geographical
boundaries of Pakistan but they are given appropriate representation in the
parliaments of the country and take part in the legislative process then how
come the laws of land are not applicable in these areas. If different laws would
be applied in these parts of the land then how the people of other parts be
deprived of making and applying their own laws in their part of land and how
this deprivation could be justified? A few political and religious parties are
pronouncing the military operation in these areas as unlawful and providing
justification that even the British had not changed the system of these areas
and did not interfere in the Tribal system, therefore, the Pakistan army should
also desist from taking any action in these areas. If it is so, then one would
ask these religious and political parties that why these tribal areas were
included in Pakistan? Would it not have appropriate to have left these areas
independent like during the British Rule? During the British Rule, some of these
religious parties had openly opposed the creation of Pakistan while openly
politicking today while they do not have any moral right of politicking in
Pakistan. Giving examples of British Rule could open a debate. For example, when
Quaid-e-Azam Mohammad Ali Jinnah ordered the then Army Chief General Gracy to
attack and liberate Kashmir, he refused to do so. Now should we abandon our claim over Kashmir following the
footsteps of British and General Gracy? Similarly, a religious party staunchly
opposing Pakistan introduced arsenal in the educational institutions in Pakistan
and on this strength they have made educational institutions hostage while
justification is given that it is in accordance with the religious teachings,
now what do the unarmed students of other students organizations do? If any
other students organization bring arms and ammunitions in their self defence
then these religious parties pronounce them as terrorists and even the enemies
of Islam, what is this duality? The Government should also launch an operation
in educational institutions and disarm the students of this religious party and
push them towards books by brainwashing them that education is important than
arms, explosives and terrorism while launching operation in tribal areas in
search of foreign militants and insurgents.
Question No. 5
Are the feudal, tribal and sardari (chieftan) jirgas obstacle in the sustenance of democracy and human rights in the country?
Answer
The medieval and oppressive feudal system is the basic reason behind the disintegration of the country, economic disaster, non-existence of democratic system and the illiteracy rate. Similarly, the antiquated views in backward areas, the massacre of unarmed poor peasants, farmers and their families, killing of innocent women in the name of karokari (honour killings), obstacle in the opening of schools, the dishonouring and humiliation of mothers, sisters and daughters of poor peasants by parading them naked in a congregation is a result of the medieval feudal system and the jirgas (tribal courts). After independence India abolished the medieval feudal system; therefore, it has democracy, no martial law or army intervention for 56 years and the literacy rate is much higher than Pakistan. In every walk of life India is way ahead of Pakistan. Unfortunately, even today Pakistan’s survival is dependent on World Bank, IMF and loans and aid from western countries, which is because of the continuation of the medieval feudal system of the country. Therefore, it is essential that this medieval feudal system be immediately abolished to enable Pakistan to become self-sufficient.
Question No. 6
On the relation between religion and state, what more explanations are required in the constitution OR are you satisfied with the current details?
Answer
Religion is a personal matter. Generally, one adopts the religion of the family where one is born. As far as the State is concerned, it is not a property of an individual but it is collection of people comprising of different faiths and ideologies. It is the obligation of the State to treat every citizen equally irrespective of their cast, colour, language or even religion; and to provide security with due respect to all faiths. The basic principles of the religion of the majority in a country are usually adopted in the constitution of that country. However, that constitution also provides safety and security to other minorities of the country and provides them the right to practice their religion according to their respective faiths and beliefs. The 1973 Constitution provides explanation on the relation between religion and State to a certain extent. However, this is not practically witnessed and particularly the religious minorities feel insecure thus developing a sense that they are not considered equal citizens of Pakistan. Therefore, we can add further explanations and practically implement them to remove the grievances, doubts and suspicions of the religious minorities. For example:
Lakum
deenukum waliya deen!
“You shall have your religion and I shall have my religion” [ Holy Quran, 109.6]
“There is no compulsion in
religion;” [2.256]
(The Almighty Allah in the Holy Quran has made this the first principle
for all religions that Prophets have been sent to every nation)
Inna
arsalnaka bialhaqqi basheeran wanatheeran wain min
ommatin illa khala feeha natheerun
35:24
Verily We have sent thee in truth, as a bearer of glad tidings, and as a warner:
and there never was a people, without a warner having lived among them (in the
past).
Lalikulli ommatin rasoolun faitha jaa rasooluhum qudiya
baynahum bialqisti wahum la yuthlamoona
10:47 To every people (was sent) an apostle: when their apostle
comes (before them), the matter will be judged between them with justice, and
they will not be wronged.
Kana alnnasu ommatan wahidatan fabaAAatha Allahu
alnnabiyyeena mubashshireena wamunthireena waanzala maAAahumu alkitaba
bialhaqqi liyahkuma bayna alnnasi feema ikhtalafoo
feehi wama ikhtalafa feehi illa allatheena ootoohu min
baAAdi ma jaathumu albayyinatu baghyan baynahum fahada
Allahu allatheena amanoo lima ikhtalafoo feehi mina
alhaqqi biithnihi waAllahu yahdee man yashao ila
siratin mustaqeemin
Al-Baqara: 2:213 Mankind was one single nation, and Allah sent
Messengers with glad tidings and warnings; and with them He sent the Book in
truth, to judge between people in matters wherein they differed; but the People
of the Book, after the clear Signs came to them, did not differ among
themselves, except through selfish contumacy. Allah by His Grace Guided the
believers to the Truth, concerning that wherein they differed. For Allah guided
whom He will to a path that is straight.
In short, if we carefully analyse the above Quranic verses then we will be able induce tolerance and flexibility instead of extremist thoughts inculcated by the mullahs. Therefore, we must listen to the grievances of the religious minorities and redress them.