Hasba bill again in focus despite all odds
Bureau Report

PESHAWAR—Despite criticism from federal government and opposition members the provincial government will present the amended Hasba Bill in NWFP Assembly today (Monday) for debate and approval.
The Hasba Bill, which was passed by majority in July 2005 in the NWFP Assembly, was sent back to the provincial government for revival when an advisory committee of the Supreme Court objected to some of its articles, parallel to the existing judiciary system.
The six parties religious alliance (MMA) has been enjoying majority in the 124-members provincial assembly but the expulsion of six MMA MPAs and apparent rift within the alliance after the Senate elections, may put the treasury benches at risk to win maximum support in the House.
On one hand the government claimed that all the opponents of the Hasba Bill including opposition parties in provincial assembly, president, governor and federal government had been taken into confidence and all their reservations about the Bill had either been removed or clarified but on the other hand the opposition parties particularly the Awami National Party and Pakistan Peoples Party Parliamentarian and PML(Q) are showing strong opposition to the Bill.
The PPPP termed the Bill, which is aimed at implementing the Sharia Bill in letter and spirit, as parallel to the existing judiciary system in the country while the ANP called it Mullah’s Marshal Law.
The Sharia Bill was passed unanimously by the House on June 2, 2003. No political party or independent MPA opposed the Sharia Bill when it was presented in the House but later on the PPPP’s parliamentary leader in the NWFP Assembly Abdul Akbar Khan issued a statement, saying that they (PPPP MPAs) remained abstained from the process, neither opposed nor supported Sharia Bill.
Former deputy speaker NWFP Assembly Ikramullah Shahid through a private member bill proposed certain amendments in the Sharia Act, but he failed to get handsome support for his Bill at the time when he had strained relations with the Durrani government.
The government had also summoned parliamentary party meeting of the religious alliance at Frontier Houser for devising strategy for the passage of the bill, while the opposition had agreed to resist the bill at end.
According to Article 10 of the Hasba Bill the Mohtasib shall, on a written complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, shall have the power to- (a)Enquire into the allegations of mal-administration against any Agency or its employees: Provided that no Government servant, during his service, shall be entitled, in relation to affairs of his employment, to lodge a complaint with the Mohtasib; (b) Protect/watch the Islamic values and etiquettes at the provincial level; (c) Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the propose of upholding Islamic values; (d) Forbid persons, Agencies and authorities working under the administrative control of Government to act against shariah and to guide them to good governance; (e) Formulate such directives and principles, which may help in making the conduct of authorities working under this section to be effective and purposeful; (f) Extend help to the provincial administration in discharging its functions smoothly and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign State or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces; (g) For the purposes of attaining the objectives of this Act, with particular reference to doing away with the mal-administration and to remove social injustices, take steps for providing facilities of training, study and research; and (h) Mohtasib shall, in the discharge of his duties and functions, be entitled to engage the services of experts and Consultants with or without remuneration.