Monday, 23 January 2017

QK archives: Siraiki Language and Its Poetics

Siraiki Language and Its Poetics: An Introduction
Hassan N. Gardezi
(The following article is extracted from the translator and editor's introduction to 'Tenement of Sand', an English translation of selected Siraiki poems of Syed Hassan Raza Gardezi )

Siraiki is an Indo-Hittite, and therefore an Indo-European language, with its original pre- Islamic word-hoard deriving largely from the three stages of Vedic. Sanskrit and Prakrit (the word for 'broken' in Vedic is 'bhajyate' and in Siraiki 'bhajjya) it also retains a puzzling and fascinating. smaller hoard of words and formations that have no analogues in Aryan speech and are in all probability carry over from the older Indus Valley forms of speech. Siraiki in its present geographical setting in the Indus valley had begun to evolve as a language of common discourse, distinct from the Magadhan Prakrit as early as the 5th century BC In all probability it was well established when in 325 B.C. Alexander of Macedon besieged the ancient fort of Multan and received the wound from which he was never to recover'.

References to a local speech, which is neither Prakrit or Sanskrit nor the more recent imports of Farsi and Arabic, but is Hindwi, and is spoken in the Indus Valley speech area begin to appear in the accounts of the Central Asian historians of the 10th and the 11th centuries. By the time we come to the middle sections of the Sikh Scripture, the Adi Granth. we come across a substantial body of verse in Siraiki. In these sections dating back to late 15th early 16th century, a clear evidence of the Siraiki poetical imagination begins to surface. Written references to Multani as a distinct speech community are found in an authoritative Farsi text of Emperor Akbar's period (1542-1606 AD), according to which the province of Lahore is also placed in the 'Multani' speaking belt.

Despite the ancient roots of the Siraiki language and it's oral literary tradition, rather a small body of 'written' literature in the language has survived. At the core of the Siraiki literary imagination lies, the fundamental oral imperative which, paradoxically is also the secret of its vitality and survival. It is this imperative which explains the extraordinary urgency and emotive drive as well as the unusual syncretic capacity that are the characteristic marks of the Siraiki poetics and Siraiki imagination.

For a variety of reasons, Siraiki has never been the language of the literate, political, and religious elite and priesthood who, since they were often foreigners, at various times, chose the so called classical languages such as Sanskrit, Arabic, Farsi, and later on, English and Urdu as their mode of written communication. As emperors, monarchs and sundry adventurers of Hellenic, Central Asian, Iranian, Turkish, Arab and British origin contended for power in the plains of the Indus Valley, turning them into bloody battlefields, the Siraiki speech community resisted domination, fiercely at times, guarding the integrity of the mother tongue by refusing to succumb to the allure of the latest variety of the 'imperial' speech. As a consequence, the Siraiki speech community failed to develop a political, and therefore linguistic power base of its own.

For those who did establish themselves as rulers, it was not advantageous to adopt the language of the ruled as the written medium of formal education, religious ritual and discourse, state administration, business and commerce. To do that would demystify their claims to superiority, wisdom and divine rights to rule. It is interesting to note as a significant aside, that when Sikhs ruled Punjab in the first half of the 19th century, they too retained Persian as the court language, despite the fact that their mother tongue was Punjabi, sister language of Siraiki, with script of its own.

Thus Siraiki never got the chance to grow within the formal precincts of the academy, the temple, the mosque, the court or the monastery. To this day, each generation of Siraiki speakers has learned the language by hearing the lullabies of mothers at home, speaking to playmates in yards and alleys and by listening to the elders, story tellers and folk singers. It has preeminently been the tongue of the truly creative living the language of essential human affections (in the Wordsworthian sense). This free and open environment of growth makes Siraiki a natural language endowed with its characteristic qualities which have fascinated many an outside observer. It has been called a 'sweet' language which objectively means that it has a mix of acoustic phonemes that strike the ear of the listener with soothing and rhythmic sounds with no sharp breaks. The 'd' and 't' sounds are uttered softly as in French. Its syntax is simple and flexible which makes it an excellent medium for composing metered and rhymed poetry. Its vocabulary is rich and self-sufficient in giving expression to the range of wants and experiences of ordinary workers, craftsmen, traders, farmers pastoralists, caravan travelers boatmen and women. Siraiki vocabulary and imagery is also a profuse reflection of' the surrounding natural environment.

The heartland of this natural environment constitutes the arid plains of southern Punjab overlapping with northern Sindh. Large tracts of these plains are now irrigated mainly by the Indus and Chenab river and yield rich crops of wheat, cotton and rice. A considerable part of Siraiki heartland is dominated by the Thar desert with its silvery sands and scorching day-time sun, unique flora and fauna, camel caravans, mysteries and optical illusions. Together these stretches of desert, cultivated fields, mighty rivers with their seasonal floods. long summers and scanty rainfalls form the natural surroundings which cradle the numerous Siraiki legends and folk tales celebrating love, beauty and self-sacrifice. These legends and folk tales continue to enrich the imaginations of contemporary Siraiki poets and artists as they have done in the past.

Finally, the Siraiki language has a profoundly distinctive symbolism which gives its speech community a unified world view and perception of the cosmic order. This symbolism has its roots in the beliefs and teachings of the Hindu Bhakti saints and Muslim saints who freely intermingled with the common people since medieval times conveying their message through song and poetry composed in the folk languages. The content of this message is well articulated in the Siraiki poetry to which we now turn.
Siraiki Poetry

As is the case with the language itself, much of Siraiki poetry also belongs to an oral tradition and has never been put into writing. it is therefore not quite feasible to reconstruct a history of Siraiki Poetry and its thematic content from its very origins, although the imprints of the obscure past can readily be discerned in more recent and written literature. In what has been preserved orally, one comes, across diverse cultural ideas and beliefs, portrayals of nature and seasons, accounts of battles and conquests, odes and elegies, legends of love and passion, each written in different verse forms. By the 15th century AD however, most of these diverse strands seem to have undergone a striking thematic synthesis into a rich tradition of Sufi poetry. Since this synthesis has left its indelible mark on subsequent Siraiki poetry, it would be in order to recapitulate its salient features, with some introduction to its Poetic exponents.
The Sufi Influence

Although many of the Sufi poets came from a background of formal learning in orthodox Islamic theology and were well-versed in- Arabic and Persian, they chose the languages and symbolism of the masses of peasants and workers for their poetic expression. In Siraiki verse, as in Sindhi and Punjabi, they conveyed their message of' human fraternity, universal love and respect for all creation. The centerpiece of this message is the concept of 'wahdat-ul-wajud', or oneness of all being. God is the primordial manifestation of this oneness, the eternal truth, visualized in Sufi poetry is the Divine Beloved. or simply the Beloved. He is the cosmic reality from which emanates all creation, from lowliest beings to the most elevated saints., prophets ,and gods of all religions, just as light radiates from the sun. By cultivating the love of God or the Divine Beloved one can see His reflection in all forms of existence. including one's own self. Obversely, it is the destiny of all creation to reunite and be one with the Divine Beloved. The Sufi God is, thus, not the personalized God of institutional religions, feared more by humans for their sins than loved.

Sufi poetry, in particular, dwells extensively on this theme of romance and passionate love with the Beloved as the most exalting spiritual experience. The Beloved is, however, not envisioned as a metaphorical abstraction but as a sensuous, this worldly being full of life and beauty. The vicissitudes of love are also expressed in the common human emotions of joy and delight at the prospect of union with the Beloved, and distress and sorrow on being separated from the Beloved. However, to be close to the Beloved one must renounce arrogance, egotistic conceit, desire to dominate others and feeling of superiority on the basis of rank, creed, caste or color. Sufi poets also stress that without the spark of love no true knowledge of oneself or of external reality can be achieved. Knowledge devoid of love remains only partial leading to the baser motivation of control and destruction of' other human beings as well as nature in general.

The objective of the Sufi poets is to articulate this entire philosophy and world view not in scholastic jargon but in the idiom of common understanding. Siraiki, with all its popularly developed linguistic resource, natural imagery, Symbolism, folk tales, and legends has provided an excellent medium through which to reach the hearts and minds of a wide audience. The rich symbolic content of the age-old heroic folk tales lends itself eminently to imparting color ,and credibility to the Sufi poets' beliefs and cosmology. 'Their poems celebrate the lives of legendary lovers such as Sassi Punnu (Punnal) Sohni, Marvi and many others. Although the tradition of Sufi poetry in Siraiki begins to take definite shape in the 14th century AD in the verse of Baba Farid Shakargang, the first great Siraiki poet widely known for his Sufi poems is Sultan Bahu (c. 1631 - 1691) who lived in Shorkat, north of Multan. He was an eminent Arabic and Persian scholar. but is best known for his Siraiki verse which was compiled for publication long after his death in the early 20th century. All his poems are composed in the same verse form known as 'siharfi' which is an acrostic on the alphabet. Words beginning with each letter of the alphabet are selected in sequence to start the first metrical line of the poem. Normally each 'siharfi' consists of four lines, each divided into two 'tukks' or rhythms. The style of Bahu's 'siherfis' is simple and unpretentious, and he relies almost entirely on the popular imagery, similes and metaphors of Siraiki to convey his message. Spiritual Gnosticism and praise of the Beloved is a pervasive theme of his poetry as illustrated in the following siharfi.

Neither Hindu nor true Muslim; they do no obeisance in the mosque In every creature they see the Lord; they who have not gone amiss

Came wise and turned mad; they who put themselves together My life be gifted to those Bahu; they who chose love's vocation

Bahu in his poems shows a special disaffection for the functionaries of institutionalized religion. He lived during the period of Mughal Emperor Aurangzeb, known in history as the enemy of the Sufis. Aurangzeb patronized the orthodox Muslim ulema, the learned clerics. and posted them to influential positions in the state bureaucracy as qazi. judges and prosecutors, muftis, the arbiters of Islamic law, and so on. Bahu dissociate himself from these men of learning and influence, rejecting the rewards and punishments they hold out for ritual conformity in place of real spiritual experience.

I am not a learned scholar, neither the mufti, nor the qazi Hell I do not desire, Heaven has no appeal to me

The thirty fasts I do not keep, neither do I say my prayers Communion with God is all I seek, the rest is but a false game.

The most celebrated Siraiki poet of the past, who carried the tradition of the Sufi poetry into the dawn of 20th century, is Khawaja Farid (1845 - 1901). His poems are composed in the verse form known as Kafi, most widely used by the Sufi poets of the region. Sufi poetry in Siraiki as well as Sindhi and Punjabi is always composed to be sung. Had it not been for generations of folk singers, minstrels and kawals (inspirational singers) who memorized and passed it on, much less of this poetry would have survived. The Kafi is specially designed for singing to the tunes of the prevalent musical system. Each Kafi is essentially a lyric comprising of unity of sound, imagery, feeling and subject matter. However, any one of these elements may be highlighted in a given Kafi. Thus a prominent English translator of Khawja Farid's selected poems has compiled them into sections entitled 'faith and instructions 'love and distress," "desert and rains." Farid with his mastery over the language recreates in his Kafis superb images of nature, feelings of love and lovers' distress while reflecting at the same time on the metaphysics of existence and reality. The following lines of Kafi for example stress the oneness of all existence.

The world is but an idle dream

It's shapes a film upon a stream

If you would know reality

Then listen carefully, mark and see

That oneness is a mighty sea

Where pluralism's bubbles team

The following lines of a Kafi show how Farid can skillfully combine onomatopoeic effects with a sensuous description of the beloved's charms that torment the one who is in love.

The beloved's intense glances call for blood

The dark hair wildly flows The Kohl of the eyes is fiercely black

And slays the lovers with no excuse

My appearance in ruins, I sit and wait

While the beloved (Maru) has settled in Malheer I feel the sting of the cruel dart

My heart the, abode of pain and grief A life of tears, I have led Farid

This had to be the script of my fate

Folk tales and Legends

One can truly appreciate such lyrics of love and distress, if one knows the folk tales that have circulated in the region for centuries, and from which the Sufi poets draw their imagery and symbols. These tales have to do with young lovers prevented from uniting by false family and kinship values invariably ending in tragedies for one or both lovers who defy the cruel customs by exceptional acts of daring. In the lines of the Kafi quoted above there is a reference to Marv's love for her beloved who is forced to move to the distant city of Malheer. One of the most celebrated folktales in Siraiki and Sindhi has to do with Sassi love for Punnu which figures in as many as 66 Kafis composed by Farid. This story also has an intimate association with the Thar desert, because it is here that the final act of this high drama of love and passion unfolds. It may be in order to briefly sketch this folktale for the unfamiliar readers.

According to legend, Punnu, the chieftain of a Baluch tribe from the city of Kech, arrives in the city of Bhambhore with his caravan, after crossing the Thar desert. Here lives Sassi, a maiden of renowned beauty and daughter of the king of Bhamhhore. On seeing Punnu, she passionately falls in love with him and arranges a big feast in his honor. Punnu kinsmen who do not like this affair serve strong wine to the lovers to make them drowsy. As Sassi and Punnu retire to their bed of flowers, they fall fast asleep. Waiting for this moment, Punnu kinsmen quietly sneak in, carry the slumbering Punnu away to his camel and race back to Kech. When Sassi wakes up in the morning, she finds her beloved gone. Leaving all caution aside she runs to the desert on foot in pursuit of the caravan. By mid-day, when the desert sands heat up under the blazing sun, Sassi falls to the ground exhausted and is scorched to death while still calling for Punnu. A shepherd who had been watching the scene picks up her body and buries her in a desert grave. He lives at her graveside as a fakir for the rest of his life to tell the story of how Sassi perished in the pursuit of her beloved.

The basic legend is told and retold in rich detail in the oral tradition of local story tellers, folk singers and Sufi poets like Farid who read into it profound meanings regarding love, life, death and reality. The Sufi poet puts himself in the persona of the lover, invariably a woman like Sassi to represent her feelings and experiences in natural life setting. Farid as the master of his art speaks through the Sassi persona to portray vividly the desert, in which she died, with its great diversity of appearances, changing seasons and life forms. Note the following verse of a Kafi, for example: .

Where the desert grasses twist my love Ever-shifting shapes exist my love

The crickets creak, the pigeons coo

The foxes howl, the hyenas mew

The geckoes puff, the lizards whoo

The snakes and serpents hiss my love

In these surrounding rises the voice of Sassi.

Oh, in this desert's blessed sight I'll die indeed but not take fright

As for Punnu, he becomes for the Sufi a living and pervasive symbol of divine beauty.

See Punnal's presence everywhere

All mystics mark and hear know only he is here

All else shall disappear

Siraiki Marsia

Another traditional Siraiki verse form is 'Dohra'. It normally has four metric lines, all of which rhyme in the same manner. Dohra is always written to be sung and is employed uniquely in the composition of 'marsia', elegies, commemorating the martyrdom of Hussain, the grandson of the Prophet Mohammed during Muharam, the first month of the Islamic calendar. Siraiki 'marsia', recited in a combination of verse and poetic prose, is so popular that its professional and semi-professional reciters are in great demand in all parts of Pakistan during the month of Muharam. As a literary genre, Siraiki 'marsia' is one of the oldest, dating back to the 13th century when Muslim migrants from Arabia and Central Asia had started settling in large numbers in the vicinity of Multan and upper Sindh. These settlers, particularly the syeds among them, started the practice of holding assemblies commemorating the martyrdom of Hussain. The 'marsia' in these assemblies was recited in the sad notes of a Siraiki composition known as maaru. Since than a number of Siraiki poets have made their mark as masters of this literary form, as the form itself changed over time. By early 19th century, the 'marsia' took its present form in which verse is combined with prose to construct a continuous narrative, depicting specific episodes and dialogues surrounding the martyrdom of Hussain and his companions. The skill of the 'marsia' composer and reciter lies in the ability to arouse an intense emotional response in the audience of mourners. That the Siraiki 'marsia' and it's recitation should achieve this objective most effectively is no doubt attributable to the versatility of the language itself as a medium of emotive expression. The following 'dohra' 'taken from a 'marsia' composed by Ghulam Haider Fida (1880-1943) is quoted as an example. It captures the tragedy of infant Asghar's killing by the soldiers of Yazid who had surrounded the camp of Hussain:

Child in arms - the son of Ali (Hussain) begs for water . With down-cast looks, says the Master of the Two Worlds

Oceans will not dry up if you give (this infant) a drink of water

Hurmil (Yazid's soldier) is ready to answer with a lethal arrow.
Note the irony built into the first two verses.

(This is the first part of a two part essay on Siraiki Poetry. In the second part Sangat will presents a review of Siraiki poet Syed Hasan Raza Gardezi's poetry)

Saturday, 21 January 2017

A man to match his mountains

By Abid Majeed
“I have one great dream, one great longing. Like flowers in the desert my people are born, bloom for a while with nobody to look after them, wither and return to the dust they came from. I want to see them share each other’s sorrow and happiness. I want to see them work together as equal partners. I want to see them play their national role and take their rightful place among the nations of the world, for the service of God and humanity.” The immortal words of Khan Abdul Ghaffar Khan :-- a love that he had for his people, the awareness that he had of their nature and the destiny that he had thought out for them. The Khan lived for this one purpose to see his people attain what others had attained.
History says that Abdul Ghaffar Khan was born to a Khan who was not a conventional Khan in the real sense. Behram Khan was a liberal in those days when mullahs and Khan ruled the people. So the basic ingredients were there in the atmosphere Abdul Ghaffar Khan was to enjoy during his childhood and earlier adulthood. Behram Khan, contrary to the general custom and the mullahs, sent both his sons to missionary schools whereupon the younger got his first taste of what social work is when he saw Englishmen, thousands of miles away from their homeland, teaching the native for no monetary gains but for their betterment. The foundations of a social uplift movement were laid there in the young Khan’s mind , which went a long way in ensuring what he did later.
The Pathan: “The history of my people is full of victories and tales of heroism, but there are drawbacks too. Internal feuds and personal jealousies have always snatched away the gains achieved through vast sacrifices. They were deposed only because of their own inherent defects, never by any outside power – for who would oppose them on the battlefield”.
How exact was the definition by Abdul Ghaffar Khan of the hot-headed but faithful, stone-hearted but lovable people who had lived in the north-west of the English Empire for centuries. How deep was his study of the fact, can be easily verified nowadays.
That the gains of the Pathans on the battlefield or economic and financial circles were lost due to the rivalry and disunity amongst their own ranks.
But history states that the Pathans were also entangled in this crisis which they find themselves now due to destiny. The British always weary of Russian expansionist tendencies, wanted a solid border with the Russian Empire and the Pathans naturally entered the picture.
Thus started the struggle, the oppression of the Pathans and their stiff opposition. The British found it very hard to subjugate them for .. “who could oppose them on the battlefield”. The British called this part simply “The Grim”. They therefore formed the NWFP on November 9, 1901. In the words of Sir Neville Chamberlain, “To have to carry destruction if not destitution, into the homes of some hundreds of families is the great drawback of border warfare, but the savage tribes to whom there is no right but might, the only course open as regards humanity as well as policy is to make all suffer.”
“If objection is taken to the nature of punishment inflicted as repugnant to civilization, the answer is that savages cannot be met and checked by civilized warfare, and that to spare their houses and crops would be to leave them unpunished”.
The insight of Ghaffar Khan can be judged b his own words, “Our fault is that our province is the gateway of India. Because we live there the government calls us the gate-keepers. If we give them anything India will get out of our hands. We were born in the Frontier Province. And this is why we were doomed. They (the British) wanted these people should go on fighting among themselves and remain in a ruined and destroyed condition so that they might rule our country without feeling any anxiety”.
Naturally Ghaffar Khan stepped in to change the course of events and who could be better equipped than he for he knew their weaknesses as well as their strong points.
When he met Sir Griffith, Chief Commissioner of India, he asked the CC to hand over the lands of the Pathans to them. “No one can dominate us as we are willing to sacrifice everything for the protection of our country.”
The other ingredients needed, after a knowledge of his people, for a great leader in the forming, was an ideology, faith, steadfastness in what he was doing was right and the only right path. Ghaffar Khan had both to the optimum. He derived the essence of his thoughts and actions from religion – the most impregnable source of them all. In his own words. “It is my innermost conviction that Islam is amal, yakeen and muhabbat (work, faith and love). And without these the name of Muslim is sounding brass and tinkling crystals”.
Ghaffar Khan saw religion as the guiding source. All his actions were guided on it, even his non-violence to be discussed later, was based on the teachings of Prophet (PBUH) namely those about love of others and sabr. Ghaffar Khan saw Islam in the light of Aamal, Yakeen and Mohabbat. He thought his aamal reflected his preaching in practical, through his yakeen of righteousness of his path, braved all hardships and through mohabbat forgave even those who had left no holds barred in making him suffer. For him, love was a sacred conviction. He once said, “the Holy Prophet (PBUH) came into this world and taught us that that man is a Muslim who never hurts anyone by word or deed, but who works for the benefit and happiness of God’s creatures. Belief in God is to love ones’ fellow-men. “
All his actions had just one basis, the pleasure of God be it through prayers to Him or the service of His creatures. He had just one standard. “I have but one standard of measure and that is the measure of one’s surrender to God’.
Bacha Khan: Thus armed with weapons of firm conviction and sound knowledge of his people, Abdul Ghaffar Khan started his movement for the social uplift of his people. The first thing he saw was the firm control of mullahs over the education system and the uselessness of this system. To change all this he started an Azad school in Utmanzai.
Then he started touring the pathan land trying to setup schools. The British sensing this as a danger to their preset atmosphere of peace, ruthlessly opposed him. A school in Dir was burnt to the ground. Wherever he went the local nobles were warned beforehand not to offer any encouragement or help.
But Abdul Ghaffar Khan remained undaunted during 1915 to 1918. He visited some 500 villages in the so-called settled area of Pakhtoon heartland. He had an air of humbleness over him. The villagers were petrified and astonished to find a “Khan” among their ranks, sitting on the ground with them, eating what they ate and professing what they professed. The vacuum in Pathan leadership was filled. They all accepted this faqir of a Khan as their leader, for one they could lay down their lives. So one afternoon in a meeting in Charsadda, to express their gratefulness to him for arousing them, they titled him BACHA KHAN, the king of Khans. He was their “Bacha” now. The Pathans had at last found a leader, worthy of leading the Pathans. They had found one to guide them in the light of Pakhtunwali, the ethnic pathan code, as he himself said, “He (the Pathan) will go with you to hell if you can win his heart but you cannot force him even to go to heaven. Such is the power of love over the Pathan”, and he had won their hearts.
Satyagraha: “There is nothing surprising in a Muslim or a Pathan like me subscribing to the creed of non-violence. It is not a new creed, it was followed fourteen hundred years ago by the Prophet (PBUH) all the time he was in Makkah, and it has since been followed by all those who wanted to throw off an Oppressor’s Yoke. But we had so forgotten it that when Ghandiji placed it before us, we thought he was sponsoring a novel creed.” Inspired by Ghandhi’s firm conviction of non-violence and also his in-built creed to this effect, Bacha Khan startd preaching this idea to the Pathans.
His task was a daunting one for the ones for whom badal, revenge, was the sweetest music to their ears, who cared less for human life than their pukhto, their honour, were hard-pressed to forego their inbuilt instinct and adopt such a way of life in which opposing the enemy meant not to shoot at him but to stand before him with opposition in heart and action minus the violence. Gandhi named it satyagraha (Soul Power), the capacity to accept suffering and determination never to inflict suffering on opponents. History tells that the Bacha Khan, the heart-throb of millions, suffered, went to jails for no crime, where he was confined to ill-equipped quarters, was banned from his land and what could be more severe a punishment for a pathan not to be able to visit his watan, but Khan withstood all this. The Pathans were ruthlessly gunned down, fired upon in Utmanzai, in Qissa Khawani, their lands confiscated but they withstood all this for the Khan’s resolve for non-violence became stronger and stronger. “One learns a great deal in the school of suffering. I wonder what would have happened to me if I had an easy life, and had not had the privilege of tasting the joys of jails and all it means”.
“A coward dies but his shrieks live long after”, runs a pathan fable and the pathans made this their motto. So deep was the understandings of Gandhi’s satyagraha over Bacha Khan that he was affectionately named the “Frontier Gandhi”. As Nehru once accepted “I admired the other Indian leaders and most of them did not understand the spiritual basis of Gandhi’s work and honestly admitted it. Bacha Khan not only understood it, he lived it”.
Khudai Khitmatgars: “I am going to give you such a weapon that the police and the army will not be able to stand against it. It is the weapon of the Prophet but you are not aware of it.. that weapon is patience and righteousness. No power on the earth can stand against it”.
“When you go back to your villages, tell your brethren that there is an army of God and its weapon is patience. Ask your brethren to join the army of God. Endure all hardships. If you exercise patience, victory will be ours”. Thus spoke the Bacha Khan to the group of pathans to be the first non-violent army of the world, the Khudai Khitmatgars, the servants of God.”
The time was September 1929, and the place, Utmanzai. The King of the Pakhtoon nation was pouring his heart out and the nation listened in silence.
“There are two ways to national progress, one is the path of religion and the other is road of patriotism – Take a look at ourselves, we have hardly learned to stand on our own feet yet, we hardly see to understand the meaning of the word ‘nation’. A revolution is like a flood. A nation can prosper by it, and it can perish by it as well. A nation that is wide awake, that cultivates brotherhood and national spirit, is sure to benefit through revolution.”
“ O Pathans ! If you want your country and your people to prosper you must stop living for yourself alone and start living for the community. That is the only way to prosperity and progress”. The Khudai Khidmatgars were to do just that, they were an army of non-violent soldiers, drilled and disciplined, with officers and uniforms and, of course, a flag. Any pathan could join taking an oath.
The uniform at first was a white over-shirt but as it got dirty quickly, it was changed to red, which also was a way of gaining attention. The flag was a tricolor and jirgas were established in villages to see to the implementation of Pakhtoonwali. Their motto was freedom and their aim service. Since God Himself was in no need of service, they served His people instead. The Khudai Khidmatgars started social work in the villages, school dispensaries, and libraries were set up but eventually, Bacha Khan could not remain aloof of the political happenings and turmoil of the sub-continent and on April 23, 1930 the Khudai Khidmatgars joined the civil resistance movement. Then started the ruthless suppression of the movement at the hands of the British, for a non-violent Pathan was unthinkable – a fraud that masked something sinister and darkly treacherous.
This only helped the movement as where Khan had been able to recruit only a thousand or so Khudai Khidmatgars, British repression and effrontery converted 80,000 men and women to the movement.
As M. Younas writes, “The two years that followed formed an astounding period of darkness for the province. Shootings, beating and other acts of provocation were perpetuated against these people who had never suffered before without avenging themselves. Gunning the Red Shirts was a popular sport and pastime of the British force in the province”.
“But the Pathans, notwithstanding the fact that they had been brought up in an atmosphere of violence and bloodshed, stood unmoved by such provocations and died peacefully in large numbers for the attainment of their goal”.
“To gain independence”, Khan once explained, “two types of movements were launched in our province – the Violent Movement (the uprising before 1919) created hatred in the hearts of the people against violence. But the non-violent movement won love, not only won love but also affection and sympathy of the people … If a British was killed not only the culprit was punished but the whole village and entire region suffered from it”.
Bacha Khan bore all this with his people, sometimes in lockups and sometimes in banishment living near Gandhji and taking spiritual guidance from him.
Independence: At last 1947, Pakistan came into being. Although opposing in principle its creation, the Khudai Khidmatgars pledged allegiance to it.
Only a week after independence, Dr Khan Saheb’s government in the Frontier was disbanded and replaced by a Muslim League ministry. Shortly thereafter, a large gathering of Khudai Khidmatgars met at Sardaryab and resolved that the Khudai Khidmatgars regard Pakistan as their own country pledging to do their utmost to strengthen and safeguard its interest and make every sacrifice for the cause.
At the same time Bacha Khan asked for a united Pathan province within Pakistan in which all pathans would be reunited under “Rule of the Pathans, by the Pathans, and for the Pathans”. In this scheme, all five major peoples of Pakistan would have their own semi autonomous provinces like Bengalis in East Bengal, Sindhis in Sindh, Punjabis in the Punjab and Baloch in Balochistan, Khan argued. Pathans deserved ‘Pakhtunistan’: the land of the Pukhtoons.
Bacha Khan toured the Frontier and spoke out boldly for his plan and the democratic rights of his people. The government, at war with India over Kashmir, claimed he was disloyal and in league with India. On June 15, 1948 Bacha Khan was arrested for “fomenting open sedition” and sentenced to three years rigorous imprisonment. The Khudai Khidmatgars were banned and their headquarters razed. More than a thousand of them went to hail. The Pukhtoon Khan’s journal was silenced forever. Thus, with less than a year of the night that Mountbatten handed over the reins of power to India and Pakistan, Mahatma Gandhi had been assassinated by a Hindu who feared he was pro-Muslim and Bacha Khan had been jailed by an Islamic government who claimed he was pro-Hindu.
So begins Bacha Khan’s second long ordeal in the cause of freedom. His sentence was extended twice, so that he actually served seven years before being released only to be imprisoned again the following year. During first three decades of Pakistan’s existence he would spend fifteen years in prison and seven years in exile.
Whenever he was out of prison, Bacha Khan continued to plead for a united Pathan province and the rudiments of democracy for his people. In 1956 he and three other leaders founded the National Awami Party. He was jailed several more times for ‘anti-state activities’. Since he refused to be silenced, his life since partition was a history of prison terms broken occasionally by interludes of freedom.
Thus Bacha Khan’s extraordinary saga continued and uptil his death in 1987 the non-violent soldier of Islam continued his struggle.
Immortality: Perhaps, no better way will be to end this humble tribute to Bacha Khan, than by quoting his desire of humbleness when Congress offered its Presidentship to him, the Bacha Khan refused saying “ … Let me declare that I am only a humble soldier and it is my ambition to end my days not as a general but as a soldier”.
Note: Published in the Frontier Post, January 20, 1991, primarily depending on, and copying from, “A Man to Match His Mountains: Badshah Khan, Nonviolent Soldier of Islam” by Eknath Easwaran

Friday, 13 January 2017

Understanding Pakistan: Episode 2

Episode 2: "Tweedledee and Tweedledum"  was our look at Pakistan's turbulent and forgotten decade after partition. Specifically the post Liaqat Ali Khan assassination phase.


The views expressed in this episode are personal and do not reflect the views of Patari.pk.
Any corrections, amendments and suggestions are gratefully received. 

Title background:  Tweedledee and Tweedledum were characters from Lewis Carrolls "Alice in Wonderland"

They are based on the nursery rhyme
Tweedledum and Tweedledee.          Agreed to have a battle;   For Tweedledum said TweedledeeHad spoiled his nice new rattle.Just then flew down a monstrous crow,As black as a tar-barrel;Which frightened both the heroes so, They quite forgot their quarrel

Tweedledee and Tweedledum as seen in Disneys cartoon version of the book



The reference  by Ayub Khan was a sarcastic comment about the revolving door of politicians being dismissed and appointed in the space of months and years during this era.

There is some fairness to the comment on first look, there were five Prime Ministers in five years from 1953-1958. But if you scratch the surface there are only four real people to observe. Ghulam Mohammed, Iskandier Mirza, Ayub Khan and Husseyn Suhrawardy.

The key moment in the revolving door process was Ghulam Mohammed's dismissal of Prime Minister Khawaja Nazimuddin invoking Raj era laws. In his order he wrote

".the cabinet of Khawaja Nazimuddin has proved entirely inadequate to grapple with the difficulties facing the country. In the emergency which has arisen I have felt it incumbent upon me to ask the cabinet to relinquish office so that a new cabinet fitted to discharge its obligations towards Pakistan may be formed."
Reference to Suharwardys contrarian stance in politics. Despite the popularity of anti west sentiment he was critical of leftist politics.

"if we say anything in favour of America or the UK we are called “stooges of imperialism” and if we say anything in favour of Russia we are called “independent”'.

When it came to the 1956 Suez crisis he was even more dismissive of pro Egyptian sentiment.

'The question is asked: why don't we get together rather than be tied to a big power like the UK or America? My answer to that is that zero plus zero plus zero plus zero is after all equal to zero. We have, therefore, to go farther afield rather than get all the zeros together'
Reference Hypocrites to the core
Ardeshir Cowasjee — Dec 18, 2010

Production work:

This episode was especially challenging in that it is such a poorly written about era. It also had a lot going on in terms of events for us to cover. There was a conscious decision to avoid revisiting issues like the passage of the Objective resolution, the assassination of Prime Minister Liaqat Ali Khan, and Pakistan's first martial law in Punjab. These events have been covered countless times in books, articles and TV debates by people far more qualified than us. 

Saying that, we will be revisiting the Rawalpindi conspiracy in detail by hopefully interviewing people who have researched the attempted coup. 
I

From a technical point of view:

We have a few limitations, with myself being based in the U.K and Aamer based in the USA. Also sound quality is an issue from a background sound point of view. You maybe able to hear Aamers son in the background in places! 

Amendments/Clarification/Apologies

-I incorrectly refer to a Cabinet of excellence, Aamer correctly uses the word " Cabinet of talents"
- Akbar Khan was promoted to Major General and Chief of General Staff at the time of Rawalpindi conspiracy ;
- reference Gandhis quote about Suharwardy incorrectly: exact quote was
"Jinnah – there is your statesman; Liaquat – there is your politician; Suhrawardy – there is your leader.”

References



Shahid Saeed  commemorates Husseyn Shaheed Suhrawardy, 1892-1963 The Friday Times 21-27 January 2011 link 

-The Idea of Pakistan Paperback – 30 Aug 2006
by Stephen P. Cohen

- Huseyn Shaheed Suhrawardy: A Biography by Begum Shaista Ikramullah Oxford University Press-1991

-Iskander Mirza, rise and fall of a president By Aḥmad Salīm.

- Pakistan: History and Politics 1947-1971 (Oxford Pakistan Paperbacks) Paperback – 6 Dec 2007
by M. Rafique Afzal (Author)

- referencing provincial election rigging
Report of the Electoral Reforms Commission, Government of Pakistan, 1956


Friday, 6 January 2017

Understanding Pakistan: Episode 1

Qissa Khwani and Patari are pleased to announce our new podcast

"Understanding Pakistan".                
Episode 1 In the beginning
Presented by Aamer Raza and takhalus



Source notes

Art work by Dr. Ghulam Shabbier. 
Special hat tip to Ahmer Naqvi at Patari for inspiring this exclusive podcast series.
The original concept was for a single person monologue, looking at Pakistani history in a chronological format starting from 1947, , thankfully that approach was discarded for more of a dialogue approach with Aamer joining the project.
As someone aware of the critical eye that social media casts, i also wanted to clearly define the parameters the show would operate under. Conceptually that meant defining what the show was not as well as what it was.

From a technical point of Aamer was the key to resolving our initial technical issues. We also struggled with the title of the show from my tongue in cheek title "@takhalus studies Pakistan" to "Problematizing Pakistan". Another issue was introductory music. That last one is something we are struggling with, if anybody has any suggestions do drop us a line.

Corrections/Amendments/ Clarifications 


-Writer Abdul Majeed Abid has contacted us to say  "Disagree slightly with your co-host. I wrote a chapter last year on the issue of Kalat's Accession based on available documents. What happened on 11th August was a stand still agreement. The words of that agreement were dubious and it was not signed by Mountbatten at the time. Kalat did hold elections (no voting though) and the two chambers of the Kalat state assembly were merely a rubberstamp (according to Kalat's own constitution)."

- Clarification: There was no intention to minimise the impact of partition on Bengal. There was violence and displacement but the impact on Punjab was the most severe. See Punjab Bloodied, Partitioned and Cleansed: Unravelling the 1947 Tragedy through Secret British Reports and First-Person Accounts (Karachi: Oxford University Press, 2012; New Delhi: Rupa Books, 2011).



FAQ

Will you be examining famous events differently or looking at untold stories in Pakistani history?

I am tempted to say the latter but I suspect the truth is a bit of both.

Who is your target audience?

I would like to think it is open to anyone with a interest in Pakistani history. The truth is some people who feel strongly emotionally invested in some of these issues will probably best avoid the podcast.

Will you be taking Questions?
Yes, tag us on twitter or use the #UnderstandingPakistan or e mail qkhwani dot gmail.com

Will you be having guests?
Yes, ideally we would like to host academics to discuss events and themes.

How long will the series be?
Originally we planned for seven episodes but that depends on the audience response.



Book references 






Wednesday, 4 January 2017

QK Archives: Nizamuddin Shamezai

Nizamuddin Shamezai: Swati boy who became Mufti
Rahimullah Yusufzai
Originally published may-June 2004

PESHAWAR: Nizamuddin was a young boy when he left his native Swat to study religion in Karachi. Over the years he became a respected religious scholar and came to be known as Mufti Nizamuddin Shamezai.
Shamezai was the native place of the 52-year old Mufti Nizamuddin in Swat. In due course of time it became an integral part of his name.

Though he had been living in Karachi for the last 40 years or so, the deceased Mufti maintained strong links with his village and relatives. His old mother and brother still live in the family village, Sakhra near Matta in upper Swat valley. He would often find time to visit Swat and be with his people to share their joys and sorrows.
Last week, he was in Peshawar to offer support and advice to the MMA government. As a member of the JUI-F central council, he was held in high esteem by the party leader Maulana Fazlur Rahman and the NWFP chief minister Akram Durrani. The two were among the first to call JUI-F leaders in Karachi on Sunday to convey their condolences on Mufti Shamezai’s tragic death.

“He was Pakistan’s top scholar of Islam. Though Mufti Rafiuddin Usmani is the Mufti-i-Pakistan, we can easily bracket Mufti Nizamuddin Shamezai in the same category,” commented Qari Mohammad Usman, head of the Jamia Usmania in Karachi’s Sher Shah neighbourhood and information secretary of JUI-F and MMA, Sindh.
Madrassas in the NWFP, like those in rest of the country, closed down as news of Mufti Shamezai’s murder filtered out of Karachi. At some places in the Frontier, protest meetings were held and demonstrations staged to condemn his killing. However, the mourning was dignified at most places with the Ulema and their pupils reciting the holy Quran to bless his departed soul.

“It is a great tragedy. Mufti Nizamuddin Shamezai is a martyr as he sacrificed his life while struggling for Islamic causes,” remarked former PML-N MNA from Kohat, Javed Ibrahim Paracha.
Mufti Shamezai was one of the biggest supporters of the Taliban. He travelled to Afghanistan a number of times during Taliban rule and met their supreme leader Mulla Mohammad Omar. The latter often sought Mufti Shamezai’s advice and gave him lot of respect. However, the late Mufti didn’t entirely approve Taliban policies and in several interviews he criticized the use of force by Mulla Omar’s men to enforce some of their decrees. At the same time, he would often point out that the Taliban hadn’t invented a new Islam and were in reality implementing Shariah in their own way.
Mufti Shamezai was one of those Pakistani religious scholars who signed an edict declaring “jehad” against the Soviet occupation forces in Afghanistan in 1979-80. Along with other Muftis and Ulema, he was a consistent supporter of the Afghan mujahideen. Later, he backed the Taliban and continued to support them even after the fall of their regime as a result of the US invasion of Afghanistan in late 2001. He also endorsed the call for “jehad” against the US-led forces in Afghanistan.

After his early schooling in Swat, it was in the 1960s that the young Nizamuddin reached Karachi to study at the Darul Khair madrassa. Later, he enrolled in the Jamia Farooqia to begin a long association first as a Talib and then as teacher. For 14 years, he headed the section at the Jamia Farooqia that was required to issue edicts on a host of subjects ranging from family life to religion. In 1988, he joined the Jamiatul Uloom Islamia in Binori Town, Karachi to serve there until his death as a Mufti and teacher. Following the death of Maulana Habibullah Mukhtiar, Mufti Shamezai was made head of the Darul Fatada, which was authorized to give Fatwas (edicts). In the early 1990s, he did his Phd from Jamshoro University on Imam Bokhari’s teachers (Shayookh). By then he was also teaching bukhari Sharif at his Binori Town seminary.

Mufti Shamezai had scores of pupils all over the world. Many of them phoned the Binori Town madrassa from places as far as South Africa, Zimbabwe, Afghanistan and some of the Arab countries to record their condolences on his death. The deceased spoke several languages, including Arabic, Persian, Pashto and Urdu, and was an acclaimed man of letters. Every week on Friday, he would answer questions in the Urdu daily, Jang, on a variety of subjects in light of Islamic teachings. He had inherited this task following the murder of his mentor Maulana Mohammad Yousaf Ludhianvi in Karachi sometime back. Even in death the two would be together as Mufti Shamezai was to be buried in the same Sohrab Goth cemetery where Maulana Ludhianvi has his last resting place.
Mufti Shamezai’s eight children, including his three sons and five daughters, have received proper religious education and are scholars in their own right. All of them are also Hafiz-i-Quran.
One of his students, Maulana Imdadullah, said he hasn’t come across a more accomplished teacher. “The way in which he made us understand even complex topics at the Binori Town madrassa was both simple and unique. Add to it his perfect manners and here was a man who was everyone’s favourite teacher,” opined the grieving Imdadullah.

Wednesday, 28 December 2016

QK archives: Text of the Nizam-e-Adl Regulation 2009

This was part of the 2009 agreement negotiated between the Tehrik-e-Taliban of Swat, Pakistan and the Awami National Party as ratified by the Pakistan National Assembly.

http://nation.com.pk/Karachi/19-Apr-2009/Swat-accord-to-ensure-peace-speedy-justice

The regulations were passed by the Pakistan National Assembly


Text of the Nizam-e-Adl Regulation 2009

Following is the text of the Nizam-e-Adl Regulation 2009:

To provide for Nifaz-e-Nizam-e-Sharia’h through Courts in the provincially Administered Tribal Areas for the North-West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb in the Hazara division.

It is expedient to provide for Nifaz-e-Nizam-e-Sharia’h through courts in the Provincial Administered Tribal Areas of the North-West Frontier Province except the Tribal areas adjoining Mansehra district and the former State of Amb;

Clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that no Act of Majlis-e-Shoora (parliament) or a Provincial Assembly Shall apply to a provincially Administered Tirbal Areas, or any part thereof, unless the governor of the province in which the Tribal Areas is situated, with the approval of the President, so directs, and in giving such direction with respect to any law, the Governor may direct that the law shall, in its application to a Tribal Area, or to a specified part thereof, have effect subject to such exceptions and modifications as may be specified in the direction;

Clause (4) of Article 247 of the Constitution of the Islamic Republic of Pakistan provides that the governor of a province, with the prior approval of the President may, with respect to any matter within the legislative competence of the Provincial Assembly, make regulations for the peace and good governance of Provincially Administered Tribal Areas or any part thereof;

In exercise of the powers aforesaid, the North-West Frontier Province governor, with the approval of the president, is pleased to make the following Regulation:

1: Short title, extent and commencement:

(1) This Regulation may be called the Sharia Nizam-e-Adl Regulation, 2009.

(2) It shall extend to the provincially Administered Tribal Areas of the North-West Frontier Province, except the Tribal Areas adjoining Mansehra district and the former State of Amb, hereinafter referred to as the said area.

(3) It shall come into force at once.

Definitions:

(4) In this Regulation, unless there is anything repugnant in the subject or context,

(a) “Court” means the court of competent jurisdiction established and designated as such under this Regulation, and includes a court of appeal or, as the case may be, a court of revision;

(b) “Dar-ul-Dar-ul-Qaza” means the final appellate or revisional court, in the said area, designated as such, under this Regulation in pursuance of clause (2) of Article 183 of the Constitution of the Islamic republic of Pakistan;

(c) “Dar-ul-Qaza” means appellate or revisional Court constituted by Governor of North West Frontier Province in the said area, under clause (4) of the Article 198 of the Constitution of the Islamic Republic of Pakistan;

(d) “Government” means the Government of the NWFP;

(e) “Paragraph” means a paragraph of this regulation; “recognised institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (XXX of 1985) or any institution imparting training in Uloom-e-Shariah and recognised as such by government;

(f) “Prescribed’ means prescribed by rules made under this Regulation;

(g) “Qazi” means a duly appointed judicial officer as specified and designated in column (3) of Schedule II;

(h) “Recognised institution” means the Shariah Academy established under International Islamic University Ordinance, 1985 (XXX of 1985) or any institution imparting training in Uloom-e-Shariah and recognised as such by government;

(i) “Schedule” means a Schedule to this Regulation;

(j) “Sharia’h” means the injunctions of Islam as laid down in the holy Quran and Sunnah, Ijma and Qias.

Explanation:

In the application to the personal law of any Muslim sect, the expression “the holy Quran and Sunnah” shall mean the Quran and Sunnah-e-Nabvi (PBUH) as interpreted by that sect.

(1) All other expressions, not expressly defined in this Regulations, shall have the same meanings as assinged to them in any other law for the time being in force in the said area.

(2) All other expressions, not expressly defined in this Regulation, shall have the same meanings as assigned to them in any other law for the time being in force in the said area.

(3) Application of certain laws. (1) The laws specified in column (2) of Schedule-I, as in force in the NWFP immediately before the commencement of this Regulation, and so far as may be, all rules, notifications and orders made or issued there under, shall apply to the said area.

(4) All the laws applicable to the said area, including the laws mentioned in sub-paragraph (1) shall so apply subject to such exceptions and modifications as specified in this Regulation.

4: Certain laws to cease to operate:

If, immediately before the commencement of this Regulation, there was in force in the said area any law, instrument, custom or usage having the force of law not corresponding to the Injunctions of Quran Majeed and Sunnah or provisions of any of the laws applied to the said area by this Regulation, such law, instruments, custom or usage, as the case may be, shall upon such commencement, cease to have effect in the said area.

5: Courts:

Besides, Dar-ul-Dar-ul-Qaza and Dar-ul- Qaza, there shall be following courts of competent jurisdiction, in the said area:

(a) Court of Zilla Qazi;

(b) Court of Izafi Zilla Qazi;

(c) Court of Aa’la Illaqa Qazi;

(d) Court of Illaqa Qazi; and

(e) Court of Executive Magistrate.

6: Qazis and their powers and functions:

(1) Any person to be appointed as Illaqa Qazi in the said area shall be a person who is a duly appointed judicial officer in the North-west Frontier Province and preference shall be given to those judicial officers who have completed Shariah course from a recognised institution.

(2) In relation to proceedings and conducting the criminal or cases, all powers, functions and duties conferred, assigned or imposed on Judicial officers in the North-West Frontier Province under any law for the time being in force shall, subject to application of such law in the said area and established principles of Sharia’h, be exercised, performed or discharged by them as designated in column of Schedule-II.

(3) Subject to the general supervision of the principal seat of Dar-ul-Qaza, a Zilla qazi shall supervise the work of subordinate courts and, through the District Police Officer concerned, the process serving staff, with in the local limits of his jurisdiction.

7: Executive Magistrate:

(1) In each district or protected area, there shall be a District. Magistrate, Additional District Magistrates, Sub Divisional Magistrates and other Executive Magistrates as the Government may deem necessary to appoint.

(2) The District Magistrate and all other Executive Magistrates shall discharge their functions, responsibilities and exercise their powers according to the established principles of Shariah and other laws for the time being in force in the said area.

(3) Keeping peace, maintaining order, enforcing the executive authority of the Government and “Sadd-e-Zara-e-Jinayat” shall be the duty, responsibility and power of the District Magistrate. For this purpose he may take action against an individual under the established principles of Shariah.

(4) The cases included in Schedule III to this Regulation shall be exclusively triable by Executive Magistrates.

EXPLANATION: The expression “Sadd-e-Zara-e-Jinayat” means and includes all actions and steps taken under the Shariah laws and any other law in force for the time being for the control of crimes.

8: Submission of Challan to Qazi or Executive Magistrate:

It shall be the duty of every officer-in-charge of a police station to ensure that complete challan in each criminal case is submitted to the concerned Court with in fourteen days from the date of lodging the first information report, except in a case in which the concerned Qazi or Executive Magistrate has granted special extension of time for a specified period for reasons to be recorded:

Provided that if any officer-in- charge of police station or investigation officer fails to submit complete challan within specified period, the Qazi or Executive Magistrate concerned shall refer the matter to competent authority for disciplinary action against the police officer responsible for such delay and necessary disciplinary action shall be taken against him forthwith and shall be duly communicated to the referring Qazi or Executive Magistrate.

(2) The officer-in-charge of a police station shall submit a copy of the first information report to concerned Qazi or Executive Magistrate within twenty four hours of its lodging, and inform the concerned Qazi and Executive Magistrate, from time to time, about the position and further progress of investigation of the case.

9: Proceedings to be in accordance with Shariah:

(1) A Qazi or Executive Magistrate shall seek guidance from Quran Majeed, Sunna-e-Nabvi (PBUH), Ijma and Qiyas for the purposes of procedure and proceedings for conduct and resolution of cases and shall decide the same in accordance with Shariah. While expounding and interpreting the Quran Majeed and Sunna-e-Nabvi (PBUH) the Qazi and Executive Magistrate shall follow the established principles of exposition and interpretation of Quran Majeed and Sunna-e-Nabvi (PBUH) and, for this purpose, shall also consider the expositions and opinions of recognised Fuqaha of Islam.

(2) No court shall entertain a suit unless the plaintiff or, as the case may be, the complainant verifies that copies of the plaint along with supporting documents have been sent, through registered post with acknowledge due to all defendants, except in case of a suit for perpetual injunction accompanied by an application for temporary injunction.

(3) The pleadings shall be accompanied by copies of all relevant documents and affidavits of all the unofficial witnesses duly attested by an oath commissioner. The affidavits so submitted shall be treated as examination-in-chief of such witness:

Provided that if, after submission of pleadings, in the opinion of court, any new issue arises, party to proceedings may be allowed to submit afresh copies of relevant documents and affidavits of unofficial witness attested in the manner aforesaid, for arriving at just conclusion of case.

(4) In all cases of civil nature written statement shall be submitted within seven days and where the defendant fails to do so his defence shall be struck off:

Provided that the court may extend time for filing of written statement in extraordinary circumstances for an additional period of seven days. The time so allowed shall’ not be extended further on any ground whatsoever.

(5) After completion of evidence, the court shall ask the parties to argue, either verbally or in writing, on the adjourned date and, if either of the party fails to do so on the date so, fixed, the court shall pronounce judgment on merits without any further adjournment for arguments:

Provided that it shall be the duty of the court to make list of relevant reported judgments, referred to by any party as precedent, which shall form part of judicial record.

(6) No adjournment shall be granted to either party in any civil or criminal proceedings, except where the court is satisfied that adjournment is unavoidable. In such case the requesting party shall deposit the costs in court, which shall not be less than two thousand rupees.

10: Observance of time schedule:

(1) A period of not more than six months for disposal of a civil case, and a period of not more than four months for disposal of a criminal case, shall be standard time schedule excluding the time spent for proceedings.

(2) A Qazi shall finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the cause and reasons of such delay to the Zilla Qazi, or, as the case may be, to the presiding officer of the principal seat of Dar-ul-Qaza, and shall act on the directions issued by such court in this behalf.

(3) An Executive Magistrate shall also finalize a case within the time schedule prescribed under sub-paragraph (1) and, in case of any delay in disposal of any case beyond such schedule, shall report the case and reasons of such delay to the District Magistrate and shall act on the directions issued by him in this behalf.

(4) If the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza in relation to proceedings in the court of Qazi, upon examination of causes of delay, is of the opinion that the delay has been’ caused due to the delaying tactics of a party, it shall impose a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.

(5) If the District Magistrate, in relation to proceedings in the court of Executive Magistrate, upon examination of causes of delay, is of the opinion that the delay has been caused due to the delaying tactics of a party, it shall impose*a cost to be recovered from the defaulter party and direct the court concerned to dispose of the case within an extended period of not more than one month.

(6) If in the opinion of Zilla Qazi or, as .the case may be, of the presiding officer of the principal seat of the Dar-ul-Qaza, the Qazi or Executive Magistrate, dealing with the case or proceedings is responsible for delay in its disposal, the Zilla Qazi or, as the case may be, the presiding officer of the principal seat of Dar-ul-Qaza may

(a) in the case of Qazi, deliver upon him a letter of displeasure. If a Qazi is served with three letters of displeasure in a year, then the Zilla Qazi or as the case may be, presiding officer of the principal seat of Dar-ul-Qaza, after providing him an opportunity of being heard, may make an entry in his service record; and

(b) in the case of Executive Magistrate, inform the District Magistrate about such delay and recommend for disciplinary action, provided in clause (a) and the District Magistrate shall act on the recommendations accordingly.

(7) In criminal cases, the Investigating Officer shall prepare copies of the case file in triplicate, in addition to judicial file, so that the trial court may retain the judicial file for regular trial, and the remaining two files, may be sent to the court concerned when requisitioned.

(8) An appeal or revision under this Regulation shall be filed within thirty days from the date of the decision in the respective case, after sending its copies, through registered post with acknowledge due,to the opposite part, and the appellate or revisional court shall decide the same within thirty days, without remanding it on any ground whatsoever:

Provided that such court shall have the power to rectify any illegality or irregularity of omission.

(9) Any decree shall be executed either by the court, which passed it, or by the court it is sent for execution, within two months.

11: Establishment of courts:

(1) As soon as may be after the commencement of this Regulation, Government shall take necessary steps to establish as many courts as may be necessary to ensure expeditious dispensation of justice with in prescribed time schedule.

(2) Where the number of pending case^ at. a time exceeds more than one hundred and fifty in a court of Zilla Qazi, District Magistrate, or, as the case may be , Izafi Zilla Qazi, or exceeds more than two hundred cases in a court of Aa’la Ilaqa Qazi, Executive Magistrate, or, as the case may be, Illaqa Qazi, it shall be necessary for the Government to establish a new court and provide it all related facilities to ensure dispensation of justice within prescribed time schedule.

12: Appeal and revision:

Subject to the Constitution of the Islamic Republic of Pakistan, appeal or revision against the orders, judgment or decrees of the Dar-ul Qaza shall lie to the Dar-ul-Dar-ul-Qaza established for the purposes of this Regulation.

13: Power to appoint musleh:

(1) Any civil or criminal case, subject to mutual consent of the parties, may be. referred by a court to Musleh or, as the case may be, musleheen before recording of evidence, either on the agreement of the parties regarding the names of such musleh or musleheen, or in case of their disagreement, to such musleh or musleheen whose names appear on the list maintained by the court for such purpose:

Provided that the cases falling within the purview of Hudood laws and cases by or against the Federal Government or Provincial Government or any statutory body or persons under legal disabilities shall not be referred for sul’h.

(2) The musleheen shall record their opinion with regard to a dispute referred to them with reasons thereof.

(3) Where a musleh or, as the case may be, musleheen, to whom a dispute has been referred for resolution, either fail or refuse to resolve it, or the Court is of the opinion that unnecessary delay has been caused, without sufficient reason, in resolving it, the Court, may, on the application of a party or suo ‘moto, for reasons to be recorded, withdraw the order of such reference and, after such withdrawal, it shall resolve the dispute in accordance with Sharia’h as if it were not referred for sul’h:

Provided that, in no circumstances a case shall remain with a musleh or, as the case may be, musleheen for a period of more than ^.fifteen days, but the court may, in extraordinary circumstances, for reasons to be recorded in writing, extend the time for fifteen days and, on the expiry of the aforesaid period, it shall stand withdrawn to the court for further proceedings.

(4) The Musleh or, as the case may be, the musleheen, appointed for such resolution of the dispute, after hearing the parties and their witnesses, if any, perusing the relevant document, if any, and inspecting the spot, if need be, shall form opinion about resolution of the dispute, with reasons therefor, and submit a report of their opinion to the concerned court without delay:

Provided that in case the opinion is not unanimous, the opinion of the majority members and the opinion of each dissenting member, separately or jointly, with reasons thereof shall be so submitted.

(5) The Court shall, if it is satisfied that the opinion in a case referred to for sul’h under sub-paragraph (1) is in accordance with Sharia’h, make it the rule of the Court, and shall announce it as such, but, if the court comes to the conclusion that the opinion is not in accordance with Sharia’h, it shall declare the opinion, for reasons to be recorded, as null and void and shall start its proceedings for decision of such dispute in accordance with Sharia’h as if it were not referred for sul’h.

(6) The court shall, before proceeding further, provide an opportunity to the parties to submit objections, if any, to such report, and, if any, objections are so made, the court shall, after hearing the parties, decide about the correctness or otherwise of the objections.

(7) The court shall, keeping in view the actual expenses incurred by the musleh or musleheen, on travelling to, and stay at, the place other than the place of his or, as the case may be, their residence, and the time spent, in dealing with the case, in particular circumstances of each case, fix the remuneration of such musleh or musleheen, to be paid by each party in such proportion as may be determined by the court.

14: Conduct of Judicial Officers and Executive Magistrates:

(1) The conduct and character of each Judicial Officer and Executive Magistrate shall be in accordance with the Islamic principles.

(2) Notwithstanding anything contained in any law for the time being in force/ all cases, suits, inquires, matters and proceedings in courts, pertaining to the said area, shall be decided by the courts concerned in accordance with Sharia’h: Provided that cases of non-Muslims in matters of adoption, divorce, dower, inheritance, marriage, usages and wills shall be conducted and decided in accordance with their respective personal laws.

(3) Government may, from time to time, take such measures for the purposes of sub-paragraph (1), as it may deem necessary.

15: Aid and assistance to courts:

(1) All executive authorities in the said area, including members of law enforcing agencies and members of other service’s of Pakistan, shall act in aid and assistance of the courts, and shall implement their judicial decisions and orders.

(2) The Government may, where necessary, issue such directions to any law enforcing agency as are necessary in relation to service of court processes on the parties, witnesses or any other person, and, for any general or specific purposes, in order to ensure the conduct of such law enforcing agency in aid and assistance of the courts.

16: Language of the Court and its record:

All the processes and proceedings of the court, including the pleadings, evidence, arguments, orders and judgments shall be recorded and conducted in Urdu, Pushto or in English and the record of the Court shall also be maintained in the said language.

17: Power to make rules:

The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Regulation.

18: Regulation to override other laws:

The provisions of this Regulation shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force in the said area.

19: Repeal:

(1) The Provincially Administered Tribal Areas Shari Nizam-e-Adl Regulation, 1999 (NWFP Reg. I of 1999), and rules made there under are hereby repealed.

(2) The Code of Criminal Procedure (Amendment) Ordinance, 2001 (XXXVII of 2001), applied to the said area vide Home and Tribal Affairs Department’s Notification No. 1/93-SOS^I.I (HD)/2001, dated the 27th April 2002, is hereby repealed.

(3) Notwithstanding the repeal of the Regulation under sub-paragraph (1), or cessation of any law, instrument, custom or usage under paragraph 4, the repeal or cessation, as the case may be, shall not

(a) revive anything not in force or existing at the time at which the repeal or cessation takes effect;

(b) affect the previous operation of the law, instrument, custom or usage or anything duly done or suffered there under;

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the law, instrument, custom or usage;

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the law, instrument, custom or usage; of”

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation,, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law, instrument, custom or usage had not been repealed or ceased to have effect, as the case may be.

(See Paragraph 3 (1)

S.N. Nomenclature of laws (1) (2)

1. The West Pakistan Historical Mosques and Shrines Fund Cess Ordinance, 1960 (W.P.Ord.y of 1960).

2. The Family Courts Act, 1964 (W.P.Act XXXV of 1964).

3. The Pakistan Arms Ordinance,1965 (W.P.Ord.XX of 1965).

4. The Law Reforms Ordinance, 1972 (Ord.XII of 1972).

5. The Code of Civil Procedure (Amendment) Act, 1976, (XV of 1976).

6. The Law Reforms (Amendment) Ordinance, 1976 (Ord. XXI of 1976).

7. The North-West Frontier Province Suppression of Crimes .Ordinance, 1978 (NWFP Ord. Ill of 1978).

8. The North-West Frontier Province Prevention of Gambling Ordinance, 1978 (N.W.F.P. Ord. V of 1978)

9. The Code of Civil Procedure (Amendment) Ordinance, 1980 (Ord. X of 1980).

10. The Offences Against Properties (Enforcement of -Hudood) (Amendment) Ordinance, 1980 (Ord. XIX of 1980).

11. The Offence of Zina (Enforcement of Hudood) (Amendment) Ordinance,.1980 (Ord. XX of 1980).

12. The Offence, of Qazf (Enforcement of Hadd) (Amendment) Ordinance 1980 (XXI of 1980).

13. The Ehtram-e-Ramzan Ordinance, 1981 (Ord. XXIII of 1981).

14. The Offences Against Property (Enforcement of Hudood) (Amendment) Ordinance, 1982 (Ord. II of 1982).

15. The Zakat and Ushr (Amendment) Ordinance, 1983 (Ord.VII of 1983).

16. The Zakat and Ushr (Second Amendment) Ordinance 1983 (Ord. X of 1983).

17. The Zakat and Ushr (Third Amendment) Ordinance, 1983 (Ord. XXVI of 1983).

18. The Anti-Islamic Activities of Qadianis Group, Lahore Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984 (Ord. XX of 1984.

19. The Zakat and Ushr (Amendment) Ordinance, 1984 (Ord. XLVI of 1984).

20. The North-West Frontier Province (Enforcement of Certain Provisions of Laws) Act, 1989 (NWFP Act II of 1980).

21. The Code of Civil Procedure (Amendment) Act, 1989 (IV of 1990).

22. The Zakat and Ushr (Amendment) Act, 19991 (XXIII of 1991).

23. The Enforcement of Sharia’h Act, 1991 (X of 1991).

24. The Pakistan Bait-ul-Mal¦ Act, 1992 (I of 1992).

25. The Code of Civil Procedure (Amendment) Act, 1992 (VI of 1992).

26. The NWFP Shari Act, 2003 (NWFP Act No II of 2003).

27. The NWFP Waqf Ordinance, 1979 (Ord. I of 1979).

28. The NWFP Consumer Protection Act, 1997 (Act VI of 1997).

29. The Pakistan Environmental Protection Act, 1997 (Act XXXIV of 1997).

30. The Civil Law (Reforms) Act, 1994 (Act XIV of 1994).

31. The Fatal Accident Act, 1855 (Act XIII of 1855).

32. The Partition Act, 1893 (Act IV of 1893).

33. The Antiquities Act, 1975 (Act VII of 1976).

34. The Essential Article (Control). Act, 1958).

35. The North-West Frontier Province Orphanages (Supervision and Control) Act, 1976 (Act XIV of 1976).

36. The West Pakistan Suppression of Prostitution Ordinance, 1961 (Ord. II of 1961).

37. The Price Control and Prevention of Profiteering and Hoarding Act, 1977 (XXIX of 1977).

38. The West Pakistan Regulation and Control of Loud Speaker and Sound Amplifiers Ordinance, 1965 (Ord. II of 1965).

39. The Prevention of Gambling Act, 1977 (Act XXVIII of 1977).

40. The Indecent Advertisement Prohibition Act, 1963 (Act XII of 1963).

41. The Travel Agencies Act, 197 6 (Act XXX of 1976).

42. The Employment of Children Act, 1991 (Act V of 1991).

43. The North-West Frontier Province Registration and Functions of Private Educational Institutions (Amendment) Ordinance, 2002 (Ord XLVI of 2002).

44. The NWFP the Punjab Minor Canals (Amendment) Ordinance, 2002 (Ord. LVIII of 2002).

45. The NWFP Local Government (Amendment) Act, 2005 (Act X of 2005).

46. The NWFP Housing Authority Act, 2005 (Act XI of 2005).

47. The NWFP Consumers Protection (Amendment) Act, 2005 (Act II of 2005).

48. The NWFP Local Government (Second Amendment) Act, 2006 (Act II of 2006).

49. The NWFP Societies Registration (Amendment) Act, 2006 (Act III of 2006).

50. The NWFP Prohibition of Kite Flying Activities Act, 2006 (Act IV of 2006).

51. The NWFP Interest of Personal Loans Prevention Act, 2007.

52. The NWFP Agriculture and Livestock Produce Markets Act, 2007.

53. The North-West Frontier Province Forest Ordinance, 2002 (Ord. XIX of 2002).

54. The Anti-Terrorism (Second Amendment) Ordinance, 1999 (Ord. XIII of 1999).

55. The Anti-Terrorism (Third Amendment) Ordinance, 1999 (Ord. XX of 1999).

56. The Juvenile Justice System Ordinance, 2000 (Ord. XXII of 2000).

57. The Anti-Terrorism (Amendment) Ordinance, 2000 (Ord. XXIX of 2000) .

58. The National Highway Safety Ordinance, 2000 (Ord. XL of 2000).

59. The Zakat and Ushr (Amendment) Ordinance, 2000 (Ord. XXI of 2001).

60. The Patents Ordinance, 2000 (Ord. LXI of 2001).

61. The Control of Narcotic Substances (Amendment) Ordinance, 2000 (Ord. LXVI of 2000).

62. The Zakat and Ushr (Amendment) Ordinance, 2001 (Ord. XXI of 2001).

63. The Arms Laws (Amendment) Ordinance, .2001 (Ord. LXVI of 2001).

64. The Code of Civil Procedure (Amendment) Ordinance, 2002 (Ord. XXXIV of 2002).

65. The General Clauses (Amendment) Ordinance, 2002 (Ord. XXXIII of 2002).

66. The Representation of People (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).

67. The Representation of People (Amendment)’ Ordinance, 2002 (Ord. XXXVI of 2002).

68. The Representation of People (Third Amendment) Ordinance, 2002 (Ord. XLV of 2002).

69. The Zakat and Ushr (Amendment) Ordinance, 2002 (Ord. XXV of 2002).

70. The Zakat and Ushr (Amendment) Ordinance, 2 002 (Ord. XXXVIII of 2002).

71. The National Commission for Human Development Ordinance, 2002 (Ord. No. XXIX of 2002).

72. The Pakistan. Electronic Media Regulatory Authority Ordinance, 2002 (Ord. No. XIII of 2002).

73. The Prevention and Control of Human Trafficking Ordinance, 2002 (LIX of 2002).

74. The Probation of Offenders*. (Amendment) Ordinance, 2002 (LXVI of 2002).

75. The Prohibition of Smoking and Protection of Non-Smokers Health Ordinance, 2002 (Ord. LXXIV of 2002) .

76. The Freedom of Information Ordinance, 2002 (Ord. XCVI of 2 002).

77. The Press Council of Pakistan Ordinance, 2002 (Ord. XCVII of 2002).

78. The Press, Newspaper, News Agencies and Book Registration Ordinance, 2002 (Ord. XCVIII of 2002).

79. The Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 2002 (Ord. CI of 2002).

80. The Drugs (Amendment) Ordinance, 2002 (Ord. XXVIII of 2002).

81. The Local Government, Election Laws (Amendment) Ordinance, 2002.

82. The Political Parties Order, 2002 (C.E.O. 18 of 2002).

83. The Political Parties (Amendment) Order, 2002 (C.E.O. .20 of 2002).

84. The Police. (Amendment) Order, 2002 (C.E.O. 36 of 2002).

85. The Contempt of Court Ordinance, 2003 (Ord. V of 2003.).

86. The Political Parties (Amendment) Act, 2004 (Act III of 2004).

87. The Code of Civil Procedure (Amendment) Act, 2004 (Act VIII of 2004).

88. The Defamation (Amendment) Act, 2004 (Act IX of 2004).

89. The Anti-terrorism (Amendment) Act, 2004 (Act X of 2004).

90. The Illegal Dispossession Act, 2005 (Act XI of 2005).

91. The Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) (Amendment) Act, 2006.

92. The Pakistan Electronic Media Regulatory Authority (Amendment) Act, 2007 (II of 2007).

93. The Prevention of Electronic Crimes Ordinance, 2008.

94. The Control of Narcotics Substances Act, 1997 (XXV of 1997) .

SCHEDULE II

(See paragraphs 2 (1) (g) , 6(2)]

S.NO. Designation of judges and Judicial Officers in the NWFP except PATA

Designation of judges and Judicial Officers in the PATA

1 2 3

1. District and Sessions Judge – Zilla Qazi

2. Additional District and. Sessions Judge – Izafi Zilla Qazi

3. Senior Civil Judge/Judicial – Aa’la Illaqa Qazi

30 of Criminal Procedure Code,1898 (Act V of 1898) Aa’la Illaqa Qazi

4. Civil Judge/Judicial Magistrate Illaqa Qazi

SCHEDULE III

(See paragraph 7(4)]

S. No. Description of Offences

1. All offences under Pakistan Penal Code punishable with imprisonment up to three years with or without fine.

2. All” offences punishable under Local and Special Laws punishable up to three years with or without fine.

3. Cases for prevention of breach of peace and public nuisances under the Pakistan Penal Code and the Code of Criminal Procedure, 1898.

4. Cases pertaining to deviations of licences and permits under relevant laws applicable to the said area. app