Unjustified Governor Rule in Punjab (Pakistan)

On soon after the decision to disqualify Chief Minister of Punjab, Shahbaz Sarif of Muslim League (Nawaz), president Asif Ali Zardari of Pakistan imposed governor rule in Punjab, the largest province of Pakistan having little more than half the population of Pakistan. Article 234 of the constitution has been cited in the order. (Article 234 is reproduced below)

Article 234 can only be relied on in case of emergency when the provincial government becomes non-functional while, after court having disqualified Chief Minister of Punjab, Shahbaz Sarif, the assembly is there and new leader of the house could be elected under the constitution within one week.

Further, in violation of the this very Article of the constitution, provincial assembly of Punjab is not being allowed to conduct it’s normal business without having issued any such order in writing because issuing such an order will bring on record violation of the constitution (Article 234 (1) (a).

SOME FACTS

Punjab Assembly has a total of 370 seats out of which 171 seats are occupied by Muslim League (Nawaz), 107 by Asif Zardari’s Peoples Party, 85 by Muslim League (Q), 3 by Muslim League (F), 3 by MMA and 5 are independent members. To be leader of the house a member need 186 votes. Thus, Muslim League (Nawaz) needs another 15 votes. During the Presidential election candidate of Muslim League (Nawaz) got 201 vote against People Party’s Asif Zardari and Muslim League (Q)’s Mushahid Hussain. That clearly proves that Muslim League (Nawaz) still command sound majority in the provincial assembly of Punjab.

For making government in Punjab, Peoples Party needed another 79 votes which was impossible. This made President Asif Zardari to impose governor rule in Punjab. The assembly of Punjab is not being allowed to function because if they are allowed they will elect leader of the house (Chief Minister) who will definitely be from Muslim League (Nawaz). Thus Asif Zardari’s effort of getting Shahbaz Sharif disqualified will go waste.

Constitution Article 234. Power to issue Proclamation in case of failure of constitutional machinery in a Province.

(1) If the President, on receipt of a report from the Governor of a Province or otherwise, is satisfied that a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may, or if a resolution in this behalf is passed at a joint sitting shall, by Proclamation,
(a) assume to himself, or direct the Governor of the Province to assume on behalf of the President, all or any of the functions of the Government of the Province, and all or any of the powers vested in, or exercisable by, any body or authority in the Province, other than the Provincial Assembly;
(b) declare that the powers of the Provincial Assembly shall be exercisable by, or under the authority of, Parliament; and
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of the Constitution relating to any body or authority in the Province:
Provided that nothing in this Article shall authorize the President to assume to himself, or direct the Governor of the Province to assume on his behalf, any of the powers vested in, or exercisable by, a High Court, or to suspend either in whole or in part the operation of any provisions of the Constitution relating to High Courts.

(2) The Provisions of Article 105 shall not apply to the discharge by the Governor of his functions under clause (1).

(3) A Proclamation issued under this Article shall be laid before a joint sitting and shall cease to be in force at the expiration of two months, unless before the expiration of that period it has been approved by resolution of the joint sitting and may by like resolution be extended for a further period not exceeding two months at a time; but no such Proclamation shall in any case remain in force for more than six months.

(4) Notwithstanding anything contained in clause (3), if the National Assembly stands dissolved at the time when a Proclamation is issued under this Article, the Proclamation shall continue in force for a period of three months but, if a general election to the Assembly is not held before the expiration or that period, it shall cease to be in force at the expiration of that period unless it has earlier been approved by a resolution of the Senate.

(5) Where by a Proclamation issued under this Article it has been declared that the powers of the Provincial Assembly shall be exercisable by or under the authority of Parliament, it shall be competent-
(a) to Parliament in joint sitting to confer on the President the power to make laws with respect to any matter within the legislative competence of the Provincial Assembly;
(b) to Parliament in joint sitting, or the President, when he is empowered under paragraph (a), to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Federation, or officers and authorities thereof;
(c) to the President, when Parliament is not in session, to authorize expenditure from the Provincial Consolidated Fund, whether the expenditure is charged by the Constitution upon that fund or not, pending the sanction of such expenditure by Parliament in joint sitting; and
(d) to Parliament in joint sitting by resolution to sanction expenditure authorized by the President under paragraph (c).

(6) Any law made by Parliament or the President which Parliament or the President would not, but for the issue of a Proclamation under this Article, have been competent to make, shall, to the extent of the incompetency, cease to have affect on the expiration of a period of six months after the Proclamation under this Article has ceased to be in force, except as to things done or omitted to be done before the expiration of the said period.

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Join me in Prayer

I request all patriot Pakistanis to join me in my prayer.

“My Lord! You are Lord of all the worlds, present and here-after.
My Lord! You are Omni-Powerful, Beneficent and Merciful, nothing can move without Your Order.
Our Merciful Lord! Please have mercy on us and forgive us for our sins and mistakes that we committed knowingly and unknowingly.
Our Gracious Lord! Please save our country Pakistan which You had granted us for practising Islam and we failed in our duty to do so.
Our Beneficent Lord! Please save our country and us from exrernal and internal enemies of our country and our religion and from vicious / greedy rulers.
Our Omni Powerful Lord! Please make us persevere and steadfast in our religion and as patriots of our country Pakistan against all odds.
Aameen

India Proposes Cow Urine as Soft Drink

A hardline Hindu organisation, known for its opposition to “corrupting” Western food imports, is planning to launch a new soft drink made from cow’s urine, often seen as sacred in parts of India.

The Rashtriya Swayamsevak Sangh (RSS), or National Volunteer Corps, said the bovine beverage is undergoing laboratory tests for the next 2 to 3 months but did not give a specific date for its commercial release. Many Hindus consider cow urine to have medicinal properties and it is often drunk in religious festivals.

(Trained militants of Sevak Sangh, Mahasabah and Akali Dal committed mass massacre of Muslims in Jammu, East Panjab and the surrounding areas)

The organisation, which aims to transform India’s secular society and establish the supremacy of a Hindu majority, said it had not decided on a name or a price for the drink. “Cow urine offers a cure for around 70 to 80 incurable diseases like diabetes. All are curable by cow urine,” Om Prakash, the head of the RSS Cow Protection Department, told Reuters by phone.
Prakash, who is based in Hardwar, one of four holy Hindu cities on the river Ganges where the world’s largest religious gathering takes place, said the product will be sold nationwide but did not rule out international success. “It is useful for the whole country and the world as well. It will be done through shops and through corporates,” he said.

Moving Baggage? Be ware of Cheaters

I have been arranging moving / shipping of personal baggage, my own and of my kith and kin but never before met CHEATERS like “TRANSPACK”. So please be careful while dealing with a mover or shipper. Take every thing in writing from them bearing signatures of an authorized officer and stamp of the company about shipping period and the total cost and details of what that includes and better stay away from Transpack who are quite capable of misguiding and violating even written undertaking.

My son, an American Citizen living in Atlanta Georgia USA, wanted to move some of his personal baggage which was at our house in Islamabad. Considering Transpack to be a large-sized and old company, I contacted them to arrange moving of the baggage. A representative of Transpack visited our house in August, 2008 and, after inspection and measurement of the baggage, told me that it would be between 5 to 6 cubic meter and charges for packing and moving the stuff from our house in Islamabad to a delivery point in Atlanta (Georgia, USA) would be US $ 225 per cubic meter.

As the stuff was to be sent as accompanied baggage, we asked Transpack to move the baggage when my son visited us in October, 2008. Transpack lifted the baggage from our house in Islamabad on October 13, 2008. At that time we were told that total volume was 7.2 cubic meter. So the earlier Transpack estimate of 5 to 6 cubic meter was out by about 30%

On October 14, 2008, I visited Transpack office and met their Executive Director, Mr Tausif Alvi. He asked me to make payment for 7.5 cubic meter, saying payment had to be for a whole number (which even 7.5 was not). Mr Tausif then asked me to pay US $ 230 per cubic meter, that is, US $ 5 more than the rate given to me earlier. After considerable hackling, Mr Tausif agreed for US $ 225 per cubic meter, however the invoice included additional Rs 1,687 as allied charges which were not told to me earlier but being a small amount, I paid. In total I paid Rs 136,687 to Transpack. Transpack equated one US $ to Rs 80 while the market rate on that day was Rs 79 which fact I came to know later.

On asking whether we will be required to pay any additional charges in USA, I was told by Transpack Executive Director, Mr Tausif Alvi that we may have to pay some minor charges in relation to custom clearance and that is all.

Further, I was told by Transpack Executive Director, Mr Tausif Alvi that the baggage will be shipped within 2 weeks while actually the baggage was shipped after 6 weeks there being no plausible reason for that.

Contrary to what had been promised, my son received a bill from New York for US $ 318, with the warning if not paid, the baggage will not be cleared from New York port and damages will be to the account of the consignee, my son. Details of the bill are:

DESCRIPTION – – – – – – – – – – PRE-PAID – – COLLECT
I. T. CHARGES – – – – – – – – – – – – 0.00 – – – – – – 30.00
HANDLING CHARGE – – – – – – – 0.00 – – – – – – 75.00
AMS CHGS – – – – – – – – – – – – – – -0.00 – – – – – – 25.00
CDF CHGS – – – – – – – – – – – – – – – 0.00 – – – – – – 30.00
PORT SECURITY CHARGES — 0.00 – – – – – – 25.00
STRIPPING CHGS – – – – – – – – – 0.00 – – – – – – 81.00
EXAM FEE – – – – – – – – – – – – – – – 0.00 – – – – – – 52.00
– – – – – – – – – – – TOTAL – – – – – – – 0.00 – – – – – 318.00

I took up the matter with Transpack Executive Director, Mr Tausif Alvi who kept beating about the bush calling US $ 318 as local charges. However, Mr Tausif Alvi gave an under-taking that we would not be required to pay any more charges. My son had to clear the said bill per force because not paying would have made him pay also the demurrage.

Contrary to under-taking given by Mr Tausif Alvi, when the baggage reached Atlanta, my son received another bill of US $ 250.80 with the same threat “If payment is not made the baggage will not be cleared and damages will be to the account of the consignee, my son”.

The matter was again taken up with Transpack Executive Director, Mr Tausif Alvi who said that he will investigate and get the amount reimbursed to my son. He also said that, If the shipping company fails to reimburse, he would pay from his pocket. Later, he came up with the same idea that those were local charges as such consignee’s responsibility.

This incident has proved that Transpack are unreliable and big cheats.

Here is one recent example out of previous many personal experiences which proves that Transpack have over-charged and cheated us.

In February, 2008, I arranged moving of personal baggage of my younger son from Islamabad to Dubai through “Pakistan Baggage Corporation”. They do not have packing arrangements so I arranged it at a cost of Rs 600. The baggage comprised 6 packages weighing 200 Kilogram.

The baggage was picked from our house in Islamabad and taken to Islamabad Airport from where it was air-lifted to Abu Dhabi. From Abu Dhabi it was sent to Dubai on a truck next day. Total time taken from our house to Dubai was one week. Unloading / reloading at Islamabad Airport and Abu Dhabi, and custom clearance at Islamabad and Abu Dhabi airports was done by the mover / shipper without asking for any charges in addition to Rs 13,550 which I had paid at the time of handing over the stuff. In addition, my son paid only Dirham 28 in Dubai related to customs handling at Abu Dhabi.