Posted on December 15, 2006
Filed Under >Adil Najam, Law & Justice, Politics, Religion
14 Comments
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14 responses to “Supreme Court Blocks Hasba Bill”

  1. […] The Supreme Court ruled against him from time to time but on major issues

  2. Ahsan says:

    The first version of Hasba Bill was already passed last year (July 14, 2005), by the law making authority (NWFP Provincial Assemply)with 68 votes in favour and 34 against. Many objections were raised against this Bill such as:

    (1) It is repugnant to the basic human rights

    (2) With the exception of a couple of the clauses of Hasba Bill, all other clauses are already covered by the existing laws.

    (3) It is unislamic and unconstitutional.

    It will be worthwhile to read this Bill.

    http://www.dawn.com/2005/07/16/nat18.htm

    In spite of some trust-worthy observations of some writers that the public opinion is against this bill, there had never been any mass protest of Pathans or Pakistanis against this Bill. There had been some timid protests in Karachi and Sindh by some leaders of Muttahida Qaumi Movement (MQM) last year.

    The validity or invalidity of any law depends whether it is constitutional or not. On the basis of the 1973 Pakistani Constitution the 2005 Hasba Bill was challenged before the Supreme Court (SC). The SC judges have done exactly what they had to do. They have sanctioned only those clauses which were out of the Constitution without declaring the Hasba Bill (in its totality) unconstitutional.

    Now the situation is, that the obstacles and vires found in the Hasba Bill by the SC have been removed and the reformed Bill has been revoted by the Provincial Assembly (NWFP). The SC judges may find some further fault with it but they can not declare it unconstitutional which they refrained to do last year.

    The 1973 constitution starts with the preamble :

    Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

    Under this constitution any law has to be in the limit as defined in the Holy Book. It is implicit that all Pakistani Laws will be Islamic. Any law declared unconstitutional will become automatically unislamic as well!

    Ahsan

  3. TURAB says:

    Hasba bill’s being labelled in this article as a political gimmick and nothing else
    DAWN

  4. Greywolf says:

    The History of “religious groups” is very well known. Hardly anyone will accuse them of harboring any patriotism or concern for Pakistan’s national interest, given their historical antipathy to the very idea of the nation state.