QUESTIONS POSED TO MR. ALTAF HUSSAIN BY THE DAILY “JANG” RELATING TO THE “PAKISTAN RESOLUTION” AND HIS ANSWERS PUBLISHED IN THE MAGAZINE SECTION OF THE DAILY “JANG” ON SUNDAY, 18 APRIL 2004

Question No. 1

Is the present Constitution (including all amendments to date) in accordance with the essence and spirit of the Pakistan Resolution?

Answer

Many readers and critics may not like the answer to this question. They may insinuate different hypothesis, however, I assume this as my national duty and consider it worship to expose truth to aware the students, present and the next generations of the facts. I, therefore, present my answer. During the Pakistan Movement, since 1906 till 1947, no such resolution was ever presented referring to “Pakistan”.  The resolution, which is referred to “Pakistan”, was in fact, “Lahore Resolution”. Word “Pakistan” was not used anywhere in the resolution which was presented on 23rd. March 1940. I would now like to present a few historical facts relating to “Lahore Resolution” for the benefit of the students. 27th. Annual Convention of All India Muslim League held at Minto Park, Lahore on 23rd. March 1940 presided by Quaid-e-Azam Mohammad Ali Jinnah in which Sher-e-Bengal Moulvi Fazlul Huq, Chief Minister of Bengal presented the “Resolution” which was supported and ratified by Chaudhry Khaleeq-u-Zaman, Maulana Zafar Ali Khan, Sardar Aurangzeb Khan, Haji Sir Abdullah Haroon, Nawab Ismail Khan, Qazi Esa Khan, Mohtarama Mrs. Mohammad Ali Jauhar, I. I. Chundrigar and Doctor Mohammad Alam on 24th. March 1940.

Following are a few basic points of the “Lahore Resolution”.

The Lahore Resolution resolved at the Lahore session of the All India Muslim League held on March 23, 1940.

  1. This session of the All India Muslim League emphatically reiterates that the scheme of the federation embodied in the Government of India Act, 1935 is totally unsuited to and unworkable in the peculiar condition of this country and is altogether unacceptable to the Muslims in India.

  2. The Muslims in India will not be satisfied unless the whole constitutional plan is reconsidered de novo (anew) and that no revised plan would be acceptable to the Muslims unless it is framed with their approval and consent.

  3. Resolved that it is the considered view of this session of the All India Muslim League that no constitutional plan would be workable in this country or acceptable to the Muslims unless it is designed on the following basic principles, namely, that geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustment, as may be necessary, that the areas in which the Muslims are numerically in a majority as in the North-Western and Eastern Zones of India should be grouped to constitute “Independent States” in which the constituent unit shall be autonomous and sovereign.

Referring “Lahore Resolution” as “Pakistan Resolution” now symbolizes that in fact, this was the foundation for Pakistan and, therefore, it is now referred as “Pakistan Resolution”. In the question of the daily “Jang”, the stress is on the ‘spirit” of the Pakistan Resolution. The presence of soul in the body signifies life and similarly body without soul is considered dead. In the “Resolution of Lahore”, the resolve was that the Muslim majority contiguous areas will not only be independent but sovereign also where the control and command of the governance shall be vested in the “states” meaning that these “states” would be totally independent and sovereign. If in the light of the question posed by the “Jang” whether the present Constitution is in accordance with the spirit of the Pakistan Resolution then the answer would be no, definitely not, because the constitutional plan given under the 1935 Act was rejected by the “Lahore Resolution” and instead a demand was put forward for independent and sovereign states for the Muslim majority areas. After the emergence of Pakistan, the Federation of India was dismantled and Pakistan was born as an independent state as a result. A Federation for Pakistan was created and then it was divided into two provinces. One province was called “East” while the other was the “West”. If both provinces were given total autonomy in accordance with the spirit of “Lahore Resolution” which is now called “Pakistan Resolution” including the right to secession then if any province wanted to secede for whatever reasons from the Federation then any province would have seceded without any bloodshed. When the “spirit” of the “Pakistan Resolution” was removed from the Constitution, then Pakistan dismembered in 1971. If Pakistan was governed in accordance with the “spirit” of the Pakistan Resolution then Pakistan would have never dismembered. The “spirit” of the Pakistan Resolution was so badly mauled in effort to make Federation strong to stronger that it badly mauled the country.

 

Now, I would like to revert back to the first part of the question whether the present unanimous Constitution of 1973 along with all its amendments is within the spirit of the “Pakistan Resolution”? My response would be bitter and I would pronounce that the present constitution is most definitely not within the spirit of the “Pakistan Resolution”. At this point of time, more or less, all the smaller provinces realistically appear to be disgruntled and if the 1973 Constitution had provided autonomy to the provinces then this autonomy is neither visible nor the smaller provinces appear satisfied from this autonomy. The administrative and police posts are appointed by the Federation. The decision of appointment of the posts in administration, bureaucracy and other important posts from 18 to 22 grades in the provinces rests in the hands of the Federation and the participation of the smaller provinces in the governance is negligible. How under these circumstances the Constitution of 1973 considered to be within the spirit of the “Pakistan Resolution”? I would like to demand of the President and Prime Minister of Pakistan to publish a list of the names of all the Ambassadors, Deputy Ambassadors, High Commissioners and Deputy High Commissioners and other important officials appointed in the Embassies and High Commissions of Pakistan all over the world along with their provincial ethnicity and mother tongues. It will provide an opportunity to the people of Pakistan to draw their own conclusion whether the 1973 Constitution at all has any bearings to the spirit of the “Resolution of Pakistan” or any closeness to it. 

 

Amendments incorporated in the 1973 Constitution

 

Unfortunately, Pakistan was ruled by the military for half of its life span while the civil governments, which came in power, incorporated amendments in the 1973 Constitution to make itself stronger and protract its rule instead of the welfare of the people. These amendments in fact, changed the face of the constitution. In fact, it would not be unfair to say that the repeated amendments mutilated the face of the 1973 Constitution; these have not been within the spirit of the “Pakistan Resolution”. It is now, inevitable, that a Constituent Assembly be formed comprising equal and genuine representatives of all the provinces to frame a new Constitution in accordance with the spirit of the 1940 Resolution. The new constitution be implemented honestly, equitably and without prejudice so that the unstable breathing of the remainder of Pakistan is stabilized and Pakistan is considered a dynamic, prosperous and developed country in the comity of nations within the spirit of the “Pakistan Resolution”.

 

Question No. 2

       

Does our present Constitution establish essential relationship between individuals and the state within the international parameters under the prevalent global conditions we are living in?       

 

Answer

 

The present Constitution does not establish any relationship with individuals and the state in accordance with international outlines and the repeated and sustained amendments in the constitution has lost the purpose and utility of the constitution.

 

Question No. 3

 

What necessary changes in the present constitution is essential which would satisfy and activate the District, Provincial and the Federal Governments?

 

Answer

 

If framing of a new Constitution is not possible at this point of time under the prevalent global conditions then all the provinces be given total and genuine autonomy through the present constitution within the spirit of the “Pakistan Resolution”. All the rights and powers be vested in the provincial governments and the Centre should only retain three subjects namely; Defence, Currency and Foreign Affairs but the Centre should also guarantee appropriate representations to the provinces in these subjects. These steps would indeed satisfy and activate the Federal, Provincial and District governments to a greater extent.

 

Question No. 4

 

Is application of law of the land essential in Balochistan and Tribal Areas in the NWFP like other parts of the country?

 

Answer

Application of the law of the land in Balochistan, tribal areas in NWFP is absolutely essential like it is applied in other parts of the country. Now the question arise whether geographically is our country one? If it is, then the law enacted for a geographical country should be enforced in all of its parts and frontiers. In all parts of the world particularly in the democratic countries, the laws of that land or country are enforced in all its parts and boundaries in similarity. Unfortunately, both military and civil governments failed to pay any attention on this sensitive matter in the past 56 years. We would not have confronted the situation, we are confronting today in the Wana, Waziristan, tribal areas including FATA and Baluchistan, had the governments in the 56 years determined whether these areas are parts of Pakistan or not? Are the tribal areas of FATA included in the geographical boundaries of Pakistan or not? However, people know that the Tribal Areas of FATA are not only included in the geographical boundaries of Pakistan but they are given appropriate representation in the parliaments of the country and take part in the legislative process then how come the laws of land are not applicable in these areas. If different laws would be applied in these parts of the land then how the people of other parts be deprived of making and applying their own laws in their part of land and how this deprivation could be justified? A few political and religious parties are pronouncing the military operation in these areas as unlawful and providing justification that even the British had not changed the system of these areas and did not interfere in the Tribal system, therefore, the Pakistan army should also desist from taking any action in these areas. If it is so, then one would ask these religious and political parties that why these tribal areas were included in Pakistan? Would it not have appropriate to have left these areas independent like during the British Rule? During the British Rule, some of these religious parties had openly opposed the creation of Pakistan while openly politicking today while they do not have any moral right of politicking in Pakistan. Giving examples of British Rule could open a debate. For example, when Quaid-e-Azam Mohammad Ali Jinnah ordered the then Army Chief General Gracy to attack and liberate Kashmir, he refused to do so.  Now should we abandon our claim over Kashmir following the footsteps of British and General Gracy? Similarly, a religious party staunchly opposing Pakistan introduced arsenal in the educational institutions in Pakistan and on this strength they have made educational institutions hostage while justification is given that it is in accordance with the religious teachings, now what do the unarmed students of other students organizations do? If any other students organization bring arms and ammunitions in their self defence then these religious parties pronounce them as terrorists and even the enemies of Islam, what is this duality? The Government should also launch an operation in educational institutions and disarm the students of this religious party and push them towards books by brainwashing them that education is important than arms, explosives and terrorism while launching operation in tribal areas in search of foreign militants and insurgents.       

Question No. 5

Are the feudal, tribal and sardari (chieftan) jirgas obstacle in the sustenance of democracy and human rights in the country?

Answer

The medieval and oppressive feudal system is the basic reason behind the disintegration of the country, economic disaster, non-existence of democratic system and the illiteracy rate. Similarly, the antiquated views in backward areas, the massacre of unarmed poor peasants, farmers and their families, killing of innocent women in the name of karokari (honour killings), obstacle in the opening of schools, the dishonouring and humiliation of mothers, sisters and daughters of poor peasants by parading them naked in a congregation is a result of the medieval feudal system and the jirgas (tribal courts). After independence India abolished the medieval feudal system; therefore, it has democracy, no martial law or army intervention for 56 years and the literacy rate is much higher than Pakistan.  In every walk of life India is way ahead of Pakistan. Unfortunately, even today Pakistan’s survival is dependent on World Bank, IMF and loans and aid from western countries, which is because of the continuation of the medieval feudal system of the country. Therefore, it is essential that this medieval feudal system be immediately abolished to enable Pakistan to become self-sufficient.

Question No. 6

On the relation between religion and state, what more explanations are required in the constitution OR are you satisfied with the current details?

Answer

Religion is a personal matter.  Generally, one adopts the religion of the family where one is born.  As far as the State is concerned, it is not a property of an individual but it is collection of people comprising of different faiths and ideologies. It is the obligation of the State to treat every citizen equally irrespective of their cast, colour, language or even religion; and to provide security with due respect to all faiths. The basic principles of the religion of the majority in a country are usually adopted in the constitution of that country.  However, that constitution also provides safety and security to other minorities of the country and provides them the right to practice their religion according to their respective faiths and beliefs. The 1973 Constitution provides explanation on the relation between religion and State to a certain extent.  However, this is not practically witnessed and particularly the religious minorities feel insecure thus developing a sense that they are not considered equal citizens of Pakistan. Therefore, we can add further explanations and practically implement them to remove the grievances, doubts and suspicions of the religious minorities. For example:

Lakum deenukum waliya deen!

“You shall have your religion and I shall have my religion” [ Holy Quran, 109.6]

“There is no compulsion in religion;” [2.256]

(The Almighty Allah in the Holy Quran has made this the first principle for all religions that Prophets have been sent to every nation)

Inna arsalnaka bialhaqqi basheeran wanatheeran wain min ommatin illa khala feeha natheerun

35:24 Verily We have sent thee in truth, as a bearer of glad tidings, and as a warner: and there never was a people, without a warner having lived among them (in the past).

Lalikulli ommatin rasoolun faitha jaa rasooluhum qudiya baynahum bialqisti wahum la yuthlamoona

10:47 To every people (was sent) an apostle: when their apostle comes (before them), the matter will be judged between them with justice, and they will not be wronged.

Kana alnnasu ommatan wahidatan fabaAAatha Allahu alnnabiyyeena mubashshireena wamunthireena waanzala maAAahumu alkitaba bialhaqqi liyahkuma bayna alnnasi feema ikhtalafoo feehi wama ikhtalafa feehi illa allatheena ootoohu min baAAdi ma jaathumu albayyinatu baghyan baynahum fahada Allahu allatheena amanoo lima ikhtalafoo feehi mina alhaqqi biithnihi waAllahu yahdee man yashao ila siratin mustaqeemin

Al-Baqara: 2:213 Mankind was one single nation, and Allah sent Messengers with glad tidings and warnings; and with them He sent the Book in truth, to judge between people in matters wherein they differed; but the People of the Book, after the clear Signs came to them, did not differ among themselves, except through selfish contumacy. Allah by His Grace Guided the believers to the Truth, concerning that wherein they differed. For Allah guided whom He will to a path that is straight.

In short, if we carefully analyse the above Quranic verses then we will be able induce tolerance and flexibility instead of extremist thoughts inculcated by the mullahs.  Therefore, we must listen to the grievances of the religious minorities and redress them.

Click here for Urdu version