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Court opinion will not deter us: NWFP

B. Muralidhar Reddy

Several Hasba Bill clauses are unconstitutional, says Pakistani Supreme Court

ISLAMABAD: A day after the Pakistani Supreme Court opined that several clauses of the bill introducing a Taliban-style moral code in the North-West Frontier Province (NWFP) were unconstitutional, the Provincial Government declared that it would continue its legal battle for the Hasba Bill.

At a press conference in Peshawar on Friday, the Frontier Law Minister Malik Zafar Azam claimed that the court opinion on the Presidential reference was not binding on any party.

He hoped that President Pervez Musharraf would uphold the provincial legislature's right to legislate it.

In a brief order on the reference made by Gen. Musharraf, the court on Thursday said the Governor of the NWFP was not obliged to sign the Bill.

The reference sought the court's opinion on whether or not it conformed to the provisions of the Constitution.

The NWFP Assembly dominated by Muttahida Majlis-e-Amal (MMA), conglomerate of six religious parties, approved the bill in early July.

The court said the reasons for its order would be recorded later.

Record time

It heard arguments from all sides and gave its opinion in a record time of less than four weeks.

The bill's ostensible purpose is to ensure strict enforcement of Islamic laws and way of life. It includes measures to ensure people respect calls to prayer and to discourage singing and dancing. The MMA's critics and large segments of civil society are convinced that the Bill will lead to Talibanisation of the NWFP.

It envisages the establishment of a new department to "discourage vice and encourage virtue," and seeks to set up an office akin to an ombudsman to be headed by a cleric called Mohtasib (one who holds others accountable) whose main function would be to "protect/watch the Islamic values and etiquettes at the provincial level."

The Mohtasib's jurisdiction would be all encompassing. Under "special powers," he shall also monitor adherence to the moral values of Islam in public places; discourage Tabdhir or extravagance, particularly at marriages and family functions; ensure that Islamic codes are followed while giving dowry; discourage beggary; and ensure strict adherence to Islamic values during Iftar (breaking fast) and Taravih (special prayers performed during Ramadan).

Once the Assembly adopted the Bill, Gen. Musharraf was faced with a dilemma: to act or not act against the MMA Government.

He opted for the safe route and made a reference to the Supreme Court.

The NWFP Law Minister claimed that the Provincial Government had only taken a minor step to fulfil the responsibility of the state through the legislation. After the court's detailed opinion on the law was known, a decision would be taken on amendments to it or sending it back to the Governor.

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