Daily Times

Haula haath (cover-up) and phoola haath (abandonment, dereliction) have become the norms of governance in the country. These phenomena started to spread with the first martial law government of General and self-proclaimed Field Marshal Ayub Khan. When martial law was removed the process was continued through a branch of the khakis called the Pakistan Muslim League (PML-Convention) or Convention League. Later on, a new type of sarkari (official) party emerged by the name of PML-N, which then continued this tradition leading to the eventual collapse of the civil administration.

When Chairman NADRA Tariq Malik was summoned by the Takht-e-Lahore (throne of Lahore), he was ordered to use a haula haath (soft touch) in the voter identification process, ordered by the Election Commission of Pakistan (ECP). On his refusal he was removed on the grounds of insubordination. The independence of the judiciary came to his rescue and he was restored. The federal government has appealed to the Supreme Court (SC) to get rid of him. The rule of law and effective management call for a firm hand. Only able and honest officers can deliver this. As a famous saying goes, “Those who live in glass houses should not throw stones.” The glass house administration invariably indulges in phoola haath to survive. As such, the writ of the state is compromised and the ability to govern is lost. As a nation we continue to suffer.

The founding fathers of Pakistan were very protective of the state, its institutions and resources. There was no question of haula haath and phoola haath. Official vehicles did not have green number plates yet there was no misuse. In addition, their private use was seriously controlled, and the same was the case with telephones. Sardar Abdul Rab Nishtar, as governor, kept a log of private calls and paid for them. A Bengali minister resigned because his personal calls were paid by his office. Yes, all that was here in Pakistan, the first emerging Islamic democracy. In 1964, the mighty Ayub Khan decided to hold a public rally on university grounds located near Chauburji, and his party approached the vice chancellor’s office for permission. Professor Hamid Ahmed Khan refused as the cricket pitch was being compromised. He required a deposit of Rs 400,000 for the refurbishment of the pitch in case of damage. The president had to back off due to the terms of the vice chancellor, who refused to indulge in phoola haath in the best interests of his institution.

General Saeed Qadir, as the communications minister under Zia, was the chief architect of the National Logistics Cell (NLC), which was set up to destroy the profitable Pakistan Railways. Chairman Abdul Kalaam, an engineer by profession, and Secretary Shehzad Ahmed Khan, a career railway officer, refused to endorse his approach. In the ensuing tiff, both the officers were retired. Today, NLC is a rogue semi-khaki outfit while Pakistan Railways has become a national liability.

The law of necessity is another glaring example of phoola haath. Muhammad Munir, Sheikh Anwarul Haq and Irshad Hasan Khan, as chief justices, did not legalise martial laws. Justice Hamood-ur-Rehman declared the first two khaki takeovers illegal in the Asma Jillani case. Chief Justice Yakub Ali accepted the petition of Nusrat Bhutto against the Zia regime. He was removed and replaced by Anwarul Haq. Chaudhry Iftikhar, in his historic judgment, rejected the law of necessity. The trial of General Pervez Musharraf under article six of the constitution will determine the future role of the judiciary in this country. The constitutional writ of the state has to be firmly established through the courts of law and the appeasement of usurpers must stop. The lawyers movement was able to topple the entrenched khaki dictator despite his power. The 1973 constitution has been restored by being purged of all khaki amendments except the Islamic clauses of Ziaul Haq. In principle, parliamentary amendments must be declared null and void by the Supreme Court (SC).

We, the people of Pakistan, are responsible for the abrogation of two democratically enacted constitutions (1956 and 1973). It is our duty to protect and defend these sacred documents and follow them in letter and spirit. In 1958, when the first document was abrogated, protests were very limited. With the brute force of the state the situation was controlled. Habib Jalib, Shorish Kashmiri and Hamid Nizami stand out as pillars of resistance. In 1977, Islam was used to attack the constitution and the democratic process it supported. With the complete support of the right, the dictator prolonged his misrule. The progressives were brutalised and the entire left eliminated. The judiciary looked the other way and haula haath and phoola haath became the order of the day. First it was the Muslim League under Pir Pagaro and Muhammad Khan Junejo, followed by the Islamic Jamhoori Ittehad (IJI) and then the PML-N, which is back in power with its old ways.

The episode of the chairman NADRA may redefine the autonomy of civil servants and their role in protecting and building their respective institutions. The era of huaala and poola haath may finally come to an end. According to Imam Khomeni, a civil servant is bound to obey lawful orders otherwise the wrath of the law may fall on him. There has to be a clear distinction between public and private service. Different rules and regulations exist for each. Civilian institutions have to be protected and strengthened for good governance and nation building. The sanctity of the constitution, law and public service has to be preserved at all costs. Individuals come and go but institutions remain. As such, haula haath and phoola haath should be practices of the past, to be disbanded for all times to come. Let us make a pledge to defend our constitution, institutions and freedom, which have been built and won by the sweat and blood of our founding fathers.

The writer is the ex-chairman of the Pakistan Science Foundation. He may be contacted at fmaliks@hotmail.com