Legacy of Corruption

By Dr Razahaider • May 19th, 2008 • Category: Politics • No Responses •

How many times do I have to take you on the road to democracy?

How many times you will have my mandate willfully to look after me and rectify what has been destined by virtue of your previous ignorance, fraudulence and malicious implementation?

How many more times do I have to deliberately accept , rewash and clean you so to make you appear again as if you were never tampered with dirt and filth?

I am still unable to locate that why am doing this to my self?

Who am I and what is he to me?

Does he bear a relation that demands sacrifice as intimate or am I the symbol and sign of insignia and role model of statuary to grant pardon and clemency?

This is what, our consciousness demands and expects to the answerability to the people o Pakistan as citizen.

The traditional game of musical chair that has now become a patent in the field of politics has virtually transformed to unintentional award and recommendation of the position to run the country by those who are time tested and all time failure that neither qualify on the grounds of moral ,education and intellect nor eligible as honorable, selfless and conscience sole and this fate and destiny as destined by virtue of their mandate embezzle the country to prevail the same like the legitimate unwanted child so to bear for another years to come ,although fatal to the bereaved .

Although statistically evaluating the pedigree and siblings of these individual, rest few, belongings resides to an honorable and respected school and cultural family heritage ,but the transformation of the breed to such an extent of distortion is surprisingly astonishing.

Getting the honor and mandate in most of the cases through the ever running respect of their ancestor ,the present custom holders had iatrogenic ally traumatized the sculpture and monument of their forefathers that was intensively build on the grounds of peace, harmony ,loyalty , grace and refinement .

It is worth mentioning here that the revolt by this revolutionist to the norms and tradition and above all the public servant was appreciably supported by the mandarin looking after evergreen offices of bureaucracy.

These offices ,safeguards and direct the individuals to carry the theme of corruption, as they themselves are very well versed with the system ,design and architecture of establishment by virtue of their permanent occupation and position ,dictating and masking their presence and enjoying the benefit in the name of ministerial orders.

The result to the practices is always the same as induction and execution in almost all the cases as rankers in the list of corruption with different political issues and similar tags from money laundering to criminal proceedings by these seat holders and their subsequent clarification of charge during the disengagement period from the throne, thus safeguarding the corruption in the name of political victimization thereof making the individual stubbornly a descent criminal who revert to the same incentive and position in the next succession with clearance after completing the award of few years of path of disgrace ,in the shape of honorable exile or prison, as habitual hooligans.

The participation of crime by the immediate office holders who replaces these individual in next governance relies in first few month of their tenure on media trial and expressing as if the country has almost been at the stage where reversion to the normality is a night mare ,thus putting every shit in the fleet of their crime .

Similar supportive measures to the theme and criminal negligence is appreciated by the judicial offices of the country, in the form of relief and pending petitions of these individuals, so to assist and grab the individual on the face mark and flight of time declaring and securing them in the contest of subjudice matters so to keep them in judicial remand till they are ready to participate in new upcoming elections .followed by their releases on the facts and ground realities of their qualifying position or political belongings .

Although the procedures to scrutinize such individual as to the conviction and ground realities is an essential and obligatory part of the requirement so to avoid genuine political victimization ,but the delayed exhumation of the realities in digging the matter is the part and parcel of decent negligence .

The traditional pathway to accountability in such cases that drag the other very important source, being deputed and honored, is the investigation authorities in the form I.B, F.I.A, and similar office holders, who keeping and withholding the traditional chain of negligence play their share minimally thus maximizing the element culminating and managing to create the release of these individual by keeping and diverting the route of investigation as political victimization.

If we look in to the previous profile and portfolio of these supreme legislative authorities, the honorable chambers of these mandate Ian, none of the public servant would qualify to be the seat holder by virtue of their previous involvement and conviction, but nevertheless, the deliberate self design system due to willful negligence and affiliated action and irresponsibility in this regard , to hold offices and oblige constitution ,premeditatedly allowed and without compunction reserved on their behalf ,the ultimate seats for these culprits .

Failure of the responsibility to share their checks by virtue of their awarded position has drastically changed the sight and scenes of system thereof sabotaging and iatrogenic ally crushing the moral element from the system and society.

Equal allocation to the element of accountability and irresponsibility is shared by the people, to enroll their names in the list of unawareness, ignorance, withdrawal and abstinence from overseen practice of corruption thus transforming the negligence and version in to legacy.

Constitutionally the strict criteria to the Electoral College, although decides the eligibility and selection on the basis of necessary prerequisites, but those holding the fortto uphold constitution are probably un aware of the laid regulation and perhaps deliberately or purposefully declining the subtle essentiality for unknown reasons, although them selves are under the bindings of sworn and pledge of oath .

In the context of the topic and foregoing discussion, I have tried to copy the constitution as to the requirement of eligibility and qualification of member, however only those point or clause are attached that can easily rule out the eligibility by a lay man . For any reference to the contest, you are advice to consult book of constitution and experts in the field.

Loyalty to State and obedience to Constitution and law

Article5.

(1) Loyalty to the State is the basic duty of every citizen.

(2) Obedience to the Constitution and law is the (inviolable) obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Qualification of a member of national assembly

Article62.

A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless—

(a) He is a citizen of Pakistan;

1(b) He is, in the case of National Assembly, not less than twenty- five years of age ( he is, in the case of Senate, not less than thirty years of age ) and is enrolled as a voter in any electoral roll .

(d) He is of good character and is not commonly known as one who violates Islamic Injunctions.

(e) He has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins.

(f) He is sagacious, righteous and non-profligate and honest and ameen.

(g) He has not been convicted for a crime involving moral turpitude or for giving false evidence.

(h) He has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan. Provided that the disqualifications specified in paragraphs

(d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation; and

(i) He possesses such other qualifications as may be prescribed by Act of Majlis-e-Shoora (Parliament).

1 Subs. by the Legal Framework Order, 2002, (C.E’s. O. No. 24 of 2002) Art.3 and Sch., for cl. (b)

Disqualifications for membership of Majlis-e-Shoora (Parliament)

Article63.

(1) A person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if—

(a) He is of unsound mind and has been so declared by a competent court.

(b) He is an undischarged insolvent.

(e) He is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest.

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II of 1951), he is for the time being disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir.

(g) he is propagating any opinion, or acting in any manner, prejudicial to the Ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan

1(h) He has been convicted by a court of competent jurisdiction on the charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force.

(i) He has been dismissed from the service of Pakistan or service of a corporation or office set up or, controlled by the Federal Government, Provincial Government on the ground of misconduct or moral turpitude

(j) He has been removed or compulsorily retired from the service of Pakistan on the groundof misconduct unless a period of three years has elapsed since his removal or compulsory retirement.

(k) He has been in the service of Pakistan or of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service.

(l) He is found guilty of a corrupt or illegal practice under any law for the time being in force, unless a period of five years has elapsed from the date on which that order takes effect.

(m) He has been convicted under section 7 of the Political Parties Act, 1962 (III of 1962), unless a period of five years has elapsed from the date of such conviction.

1 (p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for time being in force.

(q) He has obtained a loan for an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name.. of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off.

(r) He or his spouse or any of his dependents has defaulted in payment of governmentdues, and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filling his nomination papers

2[; or]]3(s) He is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force.

]4[(2) If any question arises ‘whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner.

]1[(3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission which shall give its decision thereon not later than three months from its receipt by the Chief Election Commissioner.]

‘Subs. by the Legal Framework Order, 2002 (c. E’s O. No. 24 of 2002), Art. 3 and Sch., for paragraph (p).2Subs. by the Legal Framework Order, 2002 (c. E’s, O. No. 24 of 2002), Art. 3 and Sch., for the full-stop, which was further amended by C. E’s. O. No. 29 of 2002, Art. 2.3New pragraph (s) added and shall be deemed always to have been so added ibid., ibid.,4Subs. by C. E’s. O. No. 24 of 2002, Art. 3 and Sch., for cl. (2).

If we look at different chapter and verses in the above mentioned constitutional criteria, almost none of the present and past qualifier of Electoral College can gain access to the houses.

This is the point of consideration.

Current embezzlement and anarchy is the symptom and real epicenter of the negligence and repeated corruption that jolted in reaction for not withholding and obeying constitutional obligations and ethics.

The real shape and form of the word corruption has been a subject for most of the dictionary. Although the noun is described in different verses and colorful pencils but political corruption obtain the theme in different ways and perspective, this corruption ranges from decent bribes to acceptance of ritualize gifts. It is neither a property of social system or institution nor a trait of individual but rather it’s an exchange.

According to Britannica, it is the improper and usually unlawful conduct intended to secure a benefit for oneself or another. Its forms include bribery, extortion, and the misuse of inside information. It exists where there is community indifference or a lack of enforcement policies.In other definition it is define as

Degrading, immoral acts or habits: bestiality, depravity, flagitiousness, immorality, perversion, turpitude, vice, villainous ness, villainy, wickedness.

Departure from what is legally, ethically, and morally correct: corruptness, dishonesty, improbity. Informal crookedness .

A term that offends against established usage standards, barbarism, solecism, vulgarism See style/good style/bad style.

Corruption obtains when an official transfers a benefit to an individual who may or may not be entitled to the benefit, in exchange for an illegal payment (the bribe).

By taking the bribe, the official breaks a legally binding promise he gave to his ‘principal’ (usually the state administration or a private company) to allocate the benefit to those entitled to it.

Nowadays scholars have abandoned the classic view of corruption as the degradation of an individual’s ethical sense, or lack of moral integrity. If corruption is a type of exchange it can, at least in principle, be the subject of empirical, cross-country examination.

For data, scholars turn mainly to three sources, the German-based NGO Transparency International; the World Bank, and, to a lesser extent, Freedom House. These agencies all produce large cross-national surveys and ranking of countries, although the data come with a variety of biases.

It is said that the long term corruption breeds inefficiency. Also, with multiple officials and many potential bribers, corruption can generate further corruption, leading a country to fall into a ‘trap’ where bribery is pervasive.

In extreme cases, where everybody takes bribes, the concept loses analytical clout. Naturally, illegality makes it hard to measure corruption.

Yet, no single recipe exists to eradicate corruption and more work is needed to isolate mechanisms that fetter this social bad.

Corruption is the biggest challenge to this nation, politicians, public servants and business community.

Allegations of corruption has undermined and destabilized democracy in Pakistan, distorted our Public Policies, and led to misallocation of our meager resources.

It has harmed Public and Private Sector developments and has given reason for dissolving the previous four democratically elected governments.

Transparency International Pakistan in a congratulatory letter to PPPP, PML(N), MQM and ANP has recommended to them to follow rule of law to respect the trust the nation have reposed in them in the recently concluded elections. TI-P reminded them that,

“Prior to the general elections of 2002, a ‘Political Parties Pledge to the People of Pakistan‘ was signed by all political parties on September 19, 2002 at a National Convention organized by Transparency International at the convention centre, Islamabad. Signatories were, President Pervaiz Musharraf, Azhar (PML Q), Farooq Leghari (Millat Party), Sartaj Aziz (PML N), Dr Farooq Sattar (MQM), Iqbal Khattak (PPP-S), Imtiaz Shaikh (SDA), Ajmal Khattak (PNAP), M Ashraf (JI), Imran Khan (PTI)

All the parties signed the following:

“We solemnly pledge to the people of Pakistan that after the elections, when the new government is sworn in, those of us who emerge as the elected leaders of our beloved country will as a matter of the highest urgency come together to adopt and implement an effective anti-corruption reform programmed which will strengthen accountability and transparency through an independent and effective judicial system based on ensured access to information throughout all levels of federal and provincial government”

PML (Q), PPP (S), Millat Party, S D A, PML (F), MQM, all these parties were in the coalition government from 2002 to 2007. The political parties in the previous government failed to act on their “Pledge to Nation”. In the 2008 elections, the nation has rejected most of these parties.

Transparency International Pakistan on 20^th November 2007 requested all Political Parties to include in their Manifestos 11 recommendations for combating corruption.

In their party manifestos PML (N) included 10, MQM 9, PPP 7, PML (Q) 5 and ANP 4 out of the 11 recommendations.

TI- recommended and requested these political parties to remain faithful to its commitment to the nation as given in their manifesto.