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.
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!
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.
While All Things Pakistan has remained alive and online, it has been dormant since June 11, 2011 - when, on the blog's 5th anniversary, we decided that it was time to move on. We have been heartened by your messages and the fact that a steady traffic has continued to enjoy the archived content on ATP.
While the blog itself will remain dormant, we are now beginning to add occasional (but infrequent) new material by the original authors of the blog, mostly to archive what they may now publish elsewhere. We will also be updating older posts to make sure that new readers who stumble onto this site still find it useful.
We hope you will continue to find ATP a useful venue to reflect upon and express your Pakistaniat. - Editors
[…] The Supreme Court ruled against him from time to time but on major issues
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
Hasba bill’s being labelled in this article as a political gimmick and nothing else
DAWN
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.