06-28-2011, 02:35 PM
My Lordship Chief Justice of Pakistan has very wisely said that the evil needs to be eradicated rather than give it a safe exit. This is what centuries ago the illiterate village old man cried "fools; pull out the dead dog from the well not just the water". From our national stinking well we keep draining out dirty water but never the dead dog the cause of the problem. For example we create safe exit to the fake degree holder by offering him "in the court" options rather than as required under the law proceeding against him for having deposited a fake degree thus enabling him to get re-elected. Had we not given him an option, tomorrow no one would had dared depositing fake degree at least for the election purpose. In order to eradicate the evil we did not proceed against the then Secretary Chief Election Commission on revelation that many had deposited documents with shortcomings, some illegible photocopies, irrelevant degrees. Had we taken him and his subordinates at task, in the next election no one would dare accepting an application unless it truly meets the prescribed requirements. We dance with joy that we got money back from the private electricity projects. What material benefit to the nation from this refund? Nothing. This refunded money will pave further way for some more foreign trips, Grand Intercontinental Hotels stays, release of advertisements etc in other words safe exit to the evil. The eradication of the evil would had been had all those who prepared those doubtful legal documents for those electricity projects been prosecuted, sentenced and recovered the loss from them so that no one in future prepares and signs similar harming deals on mining, purchase of defence equipment, purchase of land etc. What is the result of despite correctly diagnosing not eradicating the evil? The net result is new Establishment Secretary the other day had the courage saying he signed transfer orders of Director FIA on "verbal" instructions of PM. Had in the spirit of eradication we taken to task the then Establishment Secretary for appointing Adnan Khawaja on verbal instruction, today's Establishment Secretary would not had obeyed "verbal" orders without getting those orders verified.
Pointing out the concerned banks lethargy the Chief Justice has sought advice of the lawyers for recovery of written of loans. This is written on the wall that these loans can never be recovered. Recently we saw "how" the free haj expense were "recovered" in compliance to the court order. While the loans can not practically be recovered the future writing of loans can surely be eradicated. How? For this a few months back an observation by Mr. Justice Tariq Hassan of SC can serve as a candle in this darkness. He remarked that " Jiss kaam ka poochtay hain, opper say hukkam ayaa hotayhain".
The CJ observes lethargy of the concerned banks. A few weeks back the CJ also remarked that it appeared the banks were not interested in recovery of loans. If My Lordship has understood it then why waste time and energy on unhopefully try recovering that? A Banking Court once gave similar remarks that the NBP did not appear to has any interest in recovery of its loan. The brief was that one Paganwala, the then highest influential political and business family of Gujrat, had sometime early 60s taken a bank loan of Rs. 60,000/- for purchase of a hut at Hawksbay Karachi. As usual it was not paid and as usual just for the formality the NBP filed a suit for not really intended in recovery. For 18 years the NBP lawyer did not appear. On the banking court's remarks that the Bank does not appear to be interested in recovery, the circumstances suggest the Bank reminded the defaulter that the formula upon which the loan given was "you scratch my back, I scratch your's" now needed the defaulter to reciprocate. Accordingly the defaulter appeared in the court wearing a fine suit. He informed the court that he was an old man living on the petty occasional pocket monies from his sons, showed himself a poor, walked out of the court flanked by his flunky guards and went away slapping on the face of the law, sat in his chauffer driven Chevrolet.
If we believe eradicating the evil then Ismail Qureshi should not had walked out of court saying appointment of Adnan Khawaja was on orders from "up" proof of which order he was not able to produce. Believing on the remedy of eradication had he been then and there prosecuted for acting illegally then in future no Ismail Qureshi or Bank Manager could be expected accepting the verbal orders. And of course knowing well that no Ismail Qureshi or a Bank Manager was going to accept any verbal orders, no PM or not President of any Bank will issue such verbal orders to any Ismail Qureshi or his junior Manager for issuance of loan amount, no one would ever then dare issuing or even accepting orders from "up" for award of airport construction contact to a world bank blacklisted firm.
Written off loans in no case can be recovered. The future writing off or issuance of such loans on doubtful documentation can fully be avoided. If we are serious on this then the SC may pick up at random any 50 such cases, find out who approved or issued the loan amounts without any written legal orders or on doubtful mortgaged properties, prosecute them with sever punishment, recover the amount whatsoever possible by confiscating their pensions, sale of their and family properties so that in future no Manager or a Zonal Chief accepts the unwritten illegal order. In fact then there won't be any accepter of illegal or verbal orders, no body would ever issue such verbal orders.
The other day My Lordship Chief Justice has take suo motu note of a high profile TV artist political figure walking away from law despite being in possession of liquor. My Lordship has questioned the law applied on rich is different from that applied on the poor. My brother took a yellow cab loan from National Bank of Pakistan, Main Branch Karachi. Half paid my brother became sick, underwent a serious operation which made him unable to sit on the chair for 4-5 months. Due to non earning some installments could not be paid. The bank issued a Notice showing Rs.130,000 (as I remember today) as principal plus interest, fine and miscellaneous. Since this accumulated non paid installments and penalty was a big amount I addressed the Branch, NBP President, SBP, Finance Division etc pleading that penalty be waived off and loan be rescheduled enabling to make again monthly installments rather than in one ago. Some third party unknown people approached me for "bargain". How did they know about my applications I do not know. On this and seeing my persistent perusing my application, in next 40-45 days bank issued a new Notice in which the Principal was as Rs. 140,000. To my belief interest can increase, penalty can increase, surcharges can increase and in the known history perhaps this was the first ever example in which Principal got increased. I went from SBP to Federal Ombudsman. But as I was not Odho hence I had to pay even that Rs. 10,000 principal increased knowing well there is no justice for an honest and poor man. I did not believe "mukk mukkao" otherwise perhaps my bank file would had got destroyed as 18 days mobile record of slained Saleem Shahzad journalist reportedly has evaporated in thin air.
Pointing out the concerned banks lethargy the Chief Justice has sought advice of the lawyers for recovery of written of loans. This is written on the wall that these loans can never be recovered. Recently we saw "how" the free haj expense were "recovered" in compliance to the court order. While the loans can not practically be recovered the future writing of loans can surely be eradicated. How? For this a few months back an observation by Mr. Justice Tariq Hassan of SC can serve as a candle in this darkness. He remarked that " Jiss kaam ka poochtay hain, opper say hukkam ayaa hotayhain".
The CJ observes lethargy of the concerned banks. A few weeks back the CJ also remarked that it appeared the banks were not interested in recovery of loans. If My Lordship has understood it then why waste time and energy on unhopefully try recovering that? A Banking Court once gave similar remarks that the NBP did not appear to has any interest in recovery of its loan. The brief was that one Paganwala, the then highest influential political and business family of Gujrat, had sometime early 60s taken a bank loan of Rs. 60,000/- for purchase of a hut at Hawksbay Karachi. As usual it was not paid and as usual just for the formality the NBP filed a suit for not really intended in recovery. For 18 years the NBP lawyer did not appear. On the banking court's remarks that the Bank does not appear to be interested in recovery, the circumstances suggest the Bank reminded the defaulter that the formula upon which the loan given was "you scratch my back, I scratch your's" now needed the defaulter to reciprocate. Accordingly the defaulter appeared in the court wearing a fine suit. He informed the court that he was an old man living on the petty occasional pocket monies from his sons, showed himself a poor, walked out of the court flanked by his flunky guards and went away slapping on the face of the law, sat in his chauffer driven Chevrolet.
If we believe eradicating the evil then Ismail Qureshi should not had walked out of court saying appointment of Adnan Khawaja was on orders from "up" proof of which order he was not able to produce. Believing on the remedy of eradication had he been then and there prosecuted for acting illegally then in future no Ismail Qureshi or Bank Manager could be expected accepting the verbal orders. And of course knowing well that no Ismail Qureshi or a Bank Manager was going to accept any verbal orders, no PM or not President of any Bank will issue such verbal orders to any Ismail Qureshi or his junior Manager for issuance of loan amount, no one would ever then dare issuing or even accepting orders from "up" for award of airport construction contact to a world bank blacklisted firm.
Written off loans in no case can be recovered. The future writing off or issuance of such loans on doubtful documentation can fully be avoided. If we are serious on this then the SC may pick up at random any 50 such cases, find out who approved or issued the loan amounts without any written legal orders or on doubtful mortgaged properties, prosecute them with sever punishment, recover the amount whatsoever possible by confiscating their pensions, sale of their and family properties so that in future no Manager or a Zonal Chief accepts the unwritten illegal order. In fact then there won't be any accepter of illegal or verbal orders, no body would ever issue such verbal orders.
The other day My Lordship Chief Justice has take suo motu note of a high profile TV artist political figure walking away from law despite being in possession of liquor. My Lordship has questioned the law applied on rich is different from that applied on the poor. My brother took a yellow cab loan from National Bank of Pakistan, Main Branch Karachi. Half paid my brother became sick, underwent a serious operation which made him unable to sit on the chair for 4-5 months. Due to non earning some installments could not be paid. The bank issued a Notice showing Rs.130,000 (as I remember today) as principal plus interest, fine and miscellaneous. Since this accumulated non paid installments and penalty was a big amount I addressed the Branch, NBP President, SBP, Finance Division etc pleading that penalty be waived off and loan be rescheduled enabling to make again monthly installments rather than in one ago. Some third party unknown people approached me for "bargain". How did they know about my applications I do not know. On this and seeing my persistent perusing my application, in next 40-45 days bank issued a new Notice in which the Principal was as Rs. 140,000. To my belief interest can increase, penalty can increase, surcharges can increase and in the known history perhaps this was the first ever example in which Principal got increased. I went from SBP to Federal Ombudsman. But as I was not Odho hence I had to pay even that Rs. 10,000 principal increased knowing well there is no justice for an honest and poor man. I did not believe "mukk mukkao" otherwise perhaps my bank file would had got destroyed as 18 days mobile record of slained Saleem Shahzad journalist reportedly has evaporated in thin air.