Oh the Drama

JUST when the Supreme Court played its role issuing stay order against introduction of new Carbon Surcharge Tax in lieu of already sky high petroleum levy showing how it is possible to give relief to the people when government itself failed, the government played its card, in a crooked way as usual and petrol is being sold at the same price yet again. Well, this clearly shows that our man on top is well aware of how to use the back doors when the gates are being watched by sentinels. But public has its own way of reacting to situations. What the government did by introducing the Petroleum Levy Ordinance might produce far more repercussions than what the government would have expected, I mean this is such a stupid act taken at a time when the common lot feels so contented in cursing the PPP government for inflation, for the Damocles’ sword of expected increasing electricity tariff and not to forget the sizzling hot weather that affects the temperaments to a considerable extent. I can see a quick response by the public that may soon ensue.

It may surprise some factors as to why the government showed such a sense of urgency in re-imposing the tax with a different name, my answer to that surprise is-we have Mr.10% as our president, who knows how much share he has under the disguise of petroleum levy. Pakistan Zindabaad!

Something Different..

The Judicial Policy

“JUSTICE delayed is justice denied”, the maxim, is the driving force behind the Judicial Policy introduced by the Chief Justice about a week ago. The Judicial Policy aims at quick disposal of cases and thus providing relief to the litigants. But as the situation is, unfortunately the Judicial Policy might well be the reason for an immense increase in litigation, both civil and criminal.
Criminal and Civil litigation, in most cases, is interconnected, civil disputes lead to criminal disputes and vice-versa. The Judicial Policy provides for a period of only five days of notice in Bail before arrest cases. The period between filing of Bail application and notice to Complainant and Police to appears aims at providing the accused enough time to join the investigation with the Police and clarify his position, a notice of five days means that the accused would be left with very little time to prove his innocence to the Police where he has been involved in the case falsely. Also, the Judicial Policy provides for completion of trial within one year after its commencement, which too is not enough.
Talking about the civil litigation, most of the civil litigation involving disputes regarding property involves stay matters. The Judicial Policy provides only fifteen days for the decision of Stay matter after the institution of a civil suit. This small period of fifteen days is rather ridiculous, because generally at least fifteen days are considered a reasonable time for affecting the service of Notice to the second party. Now when the service would have to be affected in a hurried manner and stay decided in such a short period, several complications would arise. The Judicial Policy further requires a judge to report to the High Court his inability to decide the stay matter within the specified time, if it so happens, the repercussion of which would be that every judge would aim at deciding the stay matter any way rather than going for explanation to the High Court, which would result in miscarriage of justice. Moreover, the decision of civil judge on stay matter would result in appeal against the order, the result_ increase in litigation. Mostly, the reasons behind the Hurt and Murder cases involve property disputes. When the litigants would not find justice from the court, chances are bright that criminal matters would grow large in number.
Our Civil and Criminal procedure provides for a completion of trial after recording of complete evidence and arguments from both sides. Recording of evidence, particularly in civil cases, requires a considerable time but when the things would be done in hurry, apprehension of miscarriage of justice would always be there. Our courts are flooded with files involving frivolous litigation aimed at vexing the opponent party. I believe that the situation would be a lot better if we had Law of Torts as regular law in our country. Whereas, the Judicial Policy has been formulated with high ideals of facilitating the litigants, I see it as a prelude to a new beginning which will further add to the miseries of hapless litigants. It would rather be very proper that the Chief justice had taken steps to eradicate the evil of frivolous litigation in the first place and then move ahead to devise methods to ensure quick disposal of cases rather than fixing a time period for it.

Fuel Prices

IT is amazing how our government responds to certain situations. Going back a few months when the issue of restoration of Chief Justice was still in dispute, the government was discarding all possibilities of restoration of Chief Justice. Ironically, however, the government officials changed their statements after CJ’s reinstatement saying that government itself was considering to restore the deposed judges. A similar incident can be witnessed in the recent past as well.
Ever since his restoration, Chief Justice has taken steps to ring relief to the common lot, his appointing Justice Bhagwan Das as commission to prepare a report on petrol prices was in line with such steps. When the commission submitted its report and recommended a considerable cut in fuel prices, concerned government officials came forward with the statement that government itself was considering a cut in fuel prices by the end of the month. The sad and rather shameful aspect, however, is that the fuel prices have not been decreased to the recommended extent but only by Rs.1.44. What is even more shameful and requires action from the Chief Justice is the attitude adopted by the petrol pump owners on occasions when fuel prices are likely to reduce. They create fake shortage of fuel and charge even higher prices per liter and their atrocities always go unchecked. Such opportunists should be dealt with the iron hand and brought to justice.

Shops and Establishment Security Act

ALL around the world, laws are formulated and regulated to protect the rights of citizens. Our Constitution and several major and minor Acts and Ordinances ensure protection of the public rights. A bird eye view of the law reveals that it covers almost every aspect, however nowhere is the true application witnessed. Back in the year 1999, the then Man on Top for the time introduced Shops and Establishments Security Ordinance which got the status of Act with the 15th amendment. The Act calls for keeping security guards and installing CCTV cameras in the establishments like banks, work places and shops, etc.

The Act provides for payment of fine of up to rupees 15000 or imprisonment of 1 month and for repetition of offence it provides for sealing the shop/establishment. Even though, the Act had come into force in the year 1999, public at large remained alien to its existence. Interestingly, however, the Police department came with a surprise and started giving notice to the banks, establishments and shop owner to employ security guards and install CCTV cameras. Metropolitan banks and shops already fulfill the requirements of the Act, it were bank branches of small towns and villages where the bank managers received court summons in their name as a convict for not installing CCTV cameras.

Then came the turn of shop owners who received court summons for not keeping a security guard. Imagine a small town with few shops and a security guard in front. Police Order 2002 changed the fate of the Police department when cops were given new vehicles and were armed with arsenal like G3 Rifle. The sad aspect, however, is that crime rate has not decreased even with the Police department in a better position to handle the affairs and with the presence of law like Shops and Establishments Security Act it seems that opportunity has been provided to the Police department to relieve itself of its duties, patrol around with guns in their hands and ‘serve’ the nation.

If every shop owner has to manage for his own protection like this, then I think weapons do not suit in the hands of our cops and instead they should be wearing bangles.

Back in the Saddle

CHIEF Justice Iftikhar Muhammad Chaudhary showing his concern over the huge pendency of cases has directed the judiciary for their quick disposal, in which connection the High Courts are also conducting a meeting with the District and Sessions judges in the next week. It is said that justice delayed is justice denied, so the justice should be provided without any delay. In the first place, our problem is not the pendency of cases but just decision of the case. It is usual with the High Courts to issue directions time by time regarding particular cases for their early disposal, but myself a lawyer I have seen how parties have to suffer on account of such directions which mostly result in miscarriage of justice. It so happens that once a direction case comes before the court, the court naturally gives more attention to its decision rather than going into factual and legal aspects of the case, which obviously results in the miscarriage of justice. Secondly, if the judge is a corrupt one, interested party can get a decision in its favor easily by greasing the judge’s palms. What is most required at this stage is an eradication of the evil of corruption from judiciary.

In order to keep check and control over the corruption, the High Courts can establish a sort of committee comprising honest officials. This has been done in the past and it bore fruits too. Corrupt practice can also be abolished by a regular shuffling of pending files among the courts so that a particular file may not remain in just one court. Then the High Courts can increase the number of civil judges and judicial magistrates at District and Tehsil level in order to cope with the pendency of suits, and also the High Courts can establish new benches to decide the pending cases at the appellate stage. Whereas new benches would reduce the number of pending cases, they will be also helpful to the common lot who has to travel from remote areas to pursue their case at the appellate stage. With the Chief Justice back in the saddle, a lot of improvement is expected.

Flight of the Desert Hawk

Finding some free time and fuel in the bike's tank has its consequences, i.e. RIDING and so it happened today. I had been planning for this trip for quite some time now but time itself was the problem but I got the opportunity today.

The destination was no specific, I only wanted to be in the middle of the desert which is toward South of my city.

I shall post some pics with commentary..This time pics were taken from the digital camera a gift from my uncle. Images have been resized for quick loading.

As the ride began, two things bothered me quite much.
1. I was hearing some cracking kind of sound that really freaked me.
2. Every biker coming from front had his face fully covered (because mostly we don't use helmets) but I was wearing my helmet.

I did some more distance and finally found out that the cracking sound was in fact bugs hitting the helmet and for the same reason other bikers had their faces covered

Time is ripe for the harvesting of gram crop so the desert is covered with a green blanket in this season.

I did a total of 82km on this ride, both ways. This is the second longest ride for me on this bike.
Some pics..

Found a diverging road and stopped for a pic there, it was just me myself and I on this road...Complete wilderness..

The whole place gives an entirely different look in the summer season, but wow here..


Love this shot..


A pic of the Thal Motorway, very nice for speed riding. Needless to say I didn't go fast :-)


It was beginning to get dark as I started on my way back, however I stopped for a few pics..

As it got darker there were more bugs hitting the helmet. On my way up I had spotted this area near the main road, I wanted to be back here while there was still daylight so I could take some good pics but unfortunately I got a bit late. Nevertheless, I took some pics...

Next up it got even darker and my helmet's visor had got little bugs all over it so that made the visibility even poorer. When I got back home I came to know that the bugs were actually mosquitoes, I had killed several today.


A look of the helmet after the ride..


The ride done, the bike now needs a good cleaning... :-)