حسبہ کا قانون . Hasba Act

حسبہ کے قانون کے متعلق کئی دنوں سے ملک میں بہت شور شرابا ہے ۔ اسلام آباد میں تو یوں لگتا ہے کہ زلزلہ آ گیا ہے یا جنگ چھڑ گئی ہے ۔ اس کے خلاف صرف حکومت ہی نہیں بہت سی سیاسی پارٹیاں بھی حرکت میں آ گئی ہیں ۔ اس قانون کو انسان دشمن اور دین اسلام کے بھی خلاف کہا گیا ہے ۔ حسبہ کا قانون اچھا ہے یا برا اس کا فیصلہ اگر ہر شخص اپنی عقل کے مطابق حسبہ قانون کا متن اچھی طرح پڑھنے کے بعد کرے تو بہت اچھی بات ہے لیکن بدقسمتی سے ہمارے ملک میں یہ رواج نہیں ۔ قطع نظر اس کے کہ حسبلہ بل کیا ہے میری سمجھ میں جو بات نہیں آئی وہ یہ ہے کہ قومی اسمبلی اور پنجاب اور سندھ کی اسمبلیاں اپنی سادہ اکثریت اور ہیرا پھیری کے زور پر جو قانون چاہتے ہیں منظور کر لیتے ہیں جن میں سے ایک بندوق کے زور پر منتخب حکومت کو ختم کرنے والا وردی میں ملبوس صدر بھی ہے ۔ اب اگر سرحد کی اسمبلی نے دوتہائی اکثریت سے ایک قانون منظور کیا ہے تو حکومت کے اور حکومت کے حواریوں کے پیٹ میں اتنے زور دار بل کیوں پڑ رہے ہیں ؟ حسبہ قانون کا پورا متن پڑھنے کے لئے یہاں کلک کیجئے ۔ موٹی موٹی باتیں مندرجہ ذیل ہیں ۔ Preamble: Whereas sovereignty over the entire universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan through their chosen representatives within the limits prescribed by him is a sacred trust;And whereas implementation of Islamic way of life revolves around Amer-Bil-Maroof and Nahi-Anil-Munkir and to achieve this objective it is necessary, apart from other steps, to establish an institution of accountability, which could keep a watch on securing legitimate rights of various classes of the society, including females, minorities and children and to protect them from emerging evils and injustices in the society;And whereas it is further necessary from the accountability point of view to extend the authority of Mohtasib to government’s administration and offices in order to have a check upon injustices, abuse of powers and other similar excesses;(b) “Amer-Bil-Maroof” means fulfilling the obligations of enjoining the good as laid down in Holy Quran and the Sunnah;(c) Competent Court: Competent court means court established under CPC 198.(d) “Expert Lawyer” means a lawyer having at least ten years experience in the profession of advocacy;(i) “maladministration” includes all such decisions, processes, recommendations, acts and deficiencies which-(j) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or(k) is perverse, arbitrary, unreasonable, unjust, biased, oppressive or discriminatory; or(l) is based on irrelevant grounds; or(m) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as bribery, jobbery, favouritism, nepotism and administrative excesses; or(o) amounts to negligence, inattention, delay, incompetence, inefficiency and inaptitude in the administration or discharge of duties and responsibilities;(q) “Nahi-Anil-Mukir” means fulfilling the obligations of forbidding the evil as required by the Holy Quran and Sunnah and all other matters which the mohtasib, in the light of the Holy Quran and Sunnah, determines in consultation with the Council of Advisors;3. Appointment of Mohtasib.—(1) There shall be a Mohtasib for the North-West Frontier Province, who shall be appointed by the Governor of the North-West Frontier Province in consultation with the chief minister of the province. (2) A mohtasib shall be a person who is a qualified religious scholar and is eligible to be appointed as judge of the Federal Shariat Court. (3) A Mohtasib may be removed from office on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity and in this context will be served with a notice in advance. If in the opinion of the Mohtasib the reasons of his removal are not based on facts, he shall be entitled to challenge the bona fide of the notice before the Peshawar High Court, which shall be heard by a Division Bench of the said Court; provided that if no hearing date is fixed for ninety days from the date of approaching the Court, then it shall be deemed that the notice of removal has become effective.10. Power and duties of Mohtasib—-The Mohtasib shall, on a written or oral complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, shall have the authority to- (a) Enquiries into the allegations of maladministration against any agency or its employees; (b) Protect/watch the Islamic values and etiquettes; (c) Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the purpose 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; and (f) Extend 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.11: Procedure and evidence—-(1) A complaint shall be made in writing or orally by the person aggrieved or, in case of his death, by his legal heirs, to the Mohtasib, which may be delivered personally to the Mohtasib himself or his concerned member of staff or by post, Email or Fax, etc.(2) Where the Mohtasib proposes to conduct an investigation, he shall issue to the principal or subordinate office of the Agency concerned a notice calling upon it to make reply to the allegations made. If no reply is received within a reasonable time from the concerned Agency or the officer under its control competent to give reply, the Mohtasib shall initiate investigation proceedings, which will be informal, but in special circumstances, the Mohtasib may adopt such procedure as he considers appropriate for such investigation. The Mohtasib shall, in accordance with the rules made under this Act, pay expenses and allowances to the affected parties or the witnesses produced by them. The Mohtasib shall be empowered to check or cause to be checked through his employees the official records of the concerned Agency; provided that such documents do not pertain to state secret documents. Where the Mohtasib, with respect to any complaint, does not consider it appropriate to take any action, he shall inform the complainant. The Mohtasib shall regulate the procedure for the conduct of business under, or the exercise of powers coffered by, this Act.12. Implementation of orders, etc—-(1) On completion of the action in relation to a complaint, the Mohtasib shall have the power to issue directive to the competent officer of the Department concerned for its implementation and may, at the same time, take up such steps as considers expedient. The concerned Agency within the time limit mentioned in the directive, inform the Mohtasib about the action taken in that behalf, failing which the concerned Agency or competent officer will render itself or himself, as the case may be, to the following actions:(a) One or more actions under the North-West Frontier Province Removal from Service (Special Powers) Act, 2000.(b) In case of non-cooperation with the Mohtasib or his staff during investigation, action for interference in smooth functioning of Government.(3) Where the Mohtasib is satisfied in respect of a complaint under consideration that any functionary of Government has committed a cognizable offence or a civil suit can be instituted against him, he shall direct the concerned Agency to initiate action as aforesaid in accordance with law.(2) The aggrieved against any order of the Mohtasib under section (1) may, within 30 days of such order, appeal in the High Court which shall be heard by a Division Bench of the said court.15. Provincial Advisory Council.— The Provincial Mohtasib, under his chairmanship, shall establish a Provincial Advisory Council, consisting of –(a) two Ulema of repute;(b) two senior advocates from Bar;(c) two representatives of Government in PBS-20.(1) The Provincial Mohtasib may, for a district or for more than one district, appoint a District Mohtasib.(1) A District Mohtasib, with the permission of the Provincial Mohtasib, may appoint as many Tehsil Mohtasib as the need may be.23. Special Powers of Mohtasib.—Without prejudice to the powers conferred by section 10, the Mohtasib shall have the following powers:(i) To monitor adherence of moral values of Islam at public places;(ii) To discourage exhibition of extravagance, particularly at the time of marriages and other family functions;(iii) To follow code of Islam in giving dowry;(iv) To discourage beggary;(v) To monitor adherence of Islamic values and its respect and regard at the times of iftar and traveh;(vi) To discourage entertainment shows and business transaction at the time of Eids and Friday prayers around mosques where such prayers are being held;(vii) To remove causes of dereliction in performance and proper arrangement of Eid and Friday prayers;(viii) To discourage employment of under-age children;(ix) To remove unnecessary delay in discharge of civil liability which is not disputed between the parties;(x) To prevent cruelty to animals;(xi) To remove causes of negligence in maintenance of mosques;(xii) To observe decorum of Islam at the time of Azan and Fardh prayers;(xiii) To prevent misuse of loud-speakers and sectarian speeches;(xiv) To discourage un-Islamic and inhuman customs;(xv) To check the tendency of indecent behaviour at public places including harassment of women;(xvi) To eradicate the deal as profession in Taweez, palmistry, magic, etc;(xvii) To protect the rights of minorities, particularly to regard the sanctity of their religious places and sites where they perform their religious ceremonies;(xviii) To eliminate un-Islamic traditions, which affect the rights of women, particularly taking measures against their murders in the name of Honour, to remove the tendency of depriving them of their right of inheritance, to eliminate the tradition of Cirri, and to protect their rights guaranteed by Sharia and law;(xix) To monitor weight and measures and eliminate adulteration;(xx) To eliminate artificial price hike;(xxi) To protect government properties;(xxii) To eliminate bribery from government offices;(xxiii) To incite feeling of service to people at large amongst government functionaries;(xxiv) To advise those who are found to be disobedient to their parents;(xxv) To perform any other functions which the Provincial Mohtasib determines from time to time in consultation with the Advisory Council;(xxvi) To mediates amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.25. Restriction.–-(1) No court or authority shall be competent to question the legal status of the proceedings before a Mohtasib.(2) No court or authority shall have the power to pass any injunction or any interim or a stay order with regard to any matter under consideration of the Mohtasib.(3) No suit or legal proceeding shall lie against the Mohtasib or his staff for anything in good faith done or intended to be done.27. Conciliation Committee.—(1) The Provincial Mohtasib in consultation with the District Advisory Council, shall establish a conciliation committee, at police station level, that consists of(i) Two religious scholars of repute,(ii) A local lawyer,(iii) A minority representative from the area,(iv) A respectable local resident, and(v) Station House Officer or his nominee28. Offences to be Non-Cognizable.— Defiance of the order of the concerned Mohtasib in the performance of his duties under section 23 of this Act shall be non-cognizable offence punishable with imprisonment for a term of six month and a fine up to 2000 rupees.30. Over-riding effect.—The provisions of this Act, to the extent provided hereunder, shall have over-riding effect vis-a-vis any other law for the time being in force.31. Removal of Difficulties.—Government may, by notification in the official Gazette, remove any difficulty or hindrance in connection with the implementation of the Act.