As the sun sets on the year 2005 and a new dawn rises for Karachi, the memories 2005 leaves behind are not really worth remembering. With an added dose of lawlessness and terrorism, the city was a hot bed for crimes in short with numerous stories of murders, looting and agitations. Somehow, the miseries of Karachiites kept on rising despite the tall claims by the government and police that all is well. A densely populated city, Karachi also saw a large number of religious scholars, social workers and political workers and police officers murdered cold-bloodedly. As many as 1500 bodies were found lying across the city, the relatives and families claimed 400, while the Edhi volunteers following declaring those unclaimed and unidentified deceased buried 1100 bodies. No one knows who these people were and their deaths surrounded in mysterious circumstances raising doubts about the claims of best law and order situation.

According to the data gathered independently, about 3900 four-wheelers were snatched or stolen during the 12 months of the year-2005, out of those only 1962 vehicles were recovered. Similarly, over 5600 motorcycles were snatched and stolen out of those 1974 motorcycles were recovered.

The year 2005 started off with the first politically motivated killing being that of Anwar Bhaijan, the chief of Baloch Ittahad Rabita committee and Moulana Haroon Qasmi, the legal advisor of the defunct Millat-e-Islamia Pakistan (MIP) along with his official police guard Aqeel-ur-Rehman, which were gunned down in Kalakot and Ferozabad police limits. This ratio became more than double in February when seven persons including two policemen were murdered.

In the March, Naqi Abbas Naqvi, an employee of provincial Excise and Taxation department and a trustee of Imambargah-e-Masomeen was killed when unidentified gunmen made him a target in Glbahar police jurisdiction hence increasing the chances of sectarian violence. Naushad, alias Major Dandi, a known activist of the Muttahida Quami Movement, who had been a symbol of terror once and serving as an officer in the City District Government Karachi (CDGK) and Mehmood Ahmed, were shot dead in FC area in March too. One of the most deplored killings was the cold-blooded murder of Dr. Muhammad Saleem Chaudhry, principal of the Dawood College of Engineering and Technology (DCET). The professor met his end in a gruesome manner confirming fears that student politics was still a dirty ground.

Party politics continued on top level and bought into the limelight by the murder of Zafar Iqbal alias Zafru. The leadership of ruling Muslim League in Sindh had divided into two visible factions after termination of Imtiaz Shaikh, from his minister-ship. Chief Minister Sindh and his supporters within the Muslim League had been looking to fix the Imtiaz Shaikh up in criminal cases. Zafaru, a complainant against Imtiaz Shaikh was a notorious criminal involved in at least over two dozen criminal cases, he along with three friends Choudhary Muhammad Rafiq, Yasir Mehmood, and Saleem Aslam, wounded seriously in Defence police area, while they were travelling in a car.

In April 16, Syed Shahood Ahmed Hashmi, 42, a senior member of Muttahida Quami Movement and a CDGK official, was shot dead when unidentified assassins opened fire upon him near Sohrab Goth, while he was returning home along with his brother-in-law after attending a family gathering late night.

Once again, in the month of May, ratio of killing climbed more than double as compared to the last month and 34, persons including Advocate Amanullah the special prosecutor in the National Accountability Bureau (NAB), who was gunned down and his nephew sustained serious wounds when unidentified assassins opened fire upon them in Korangi police jurisdiction. On 30 May, the most tragic incident emerged when three terrorists tried to barge into the Imambargah Madina-ul-Ilm in Gulshan-e-Iqbal and one of the terrorists blew him up, resulting five dead including a suicide bomber and his one accomplice. Following this, lawlessness engulfed the entire metropolis during which at least 20 vehicles, KFC restaurant, two petrol pumps, a bank, a marriage lawn and other properties were set ablaze in various city localities and the other day it was unearthed that six KFC employees, who had been stuck inside the premises, were killed due to this blast. This remains to be the most gruesome killing to date when innocent people lost their lives while trying to save the others.

In June, 26 persons including Amanullah Marfani, a member of Karachi Stock Exchange (KSE), Mufti Atiq-ur-Rehman, Shaikh-ul-Hadees, his eight-year-old son Hammad-ur-Rehman and Irshad Ahmed, 55, sustained serious bullet wounds when unidentified gunmen opened fire upon their pickup in Burns Road in Preedy police jurisdiction. Later, Mufti Atiq, and Irshad Ahmed succumbed to their injuries.

In July-2005, five persons included Mufti Shamsuddin, 65, an Administrator (Mohtamim) and Shaikh-ul-Hadees of Madarsa-e-Hanfia, was gunned in Orangi Town police jurisdiction. Mufti Muhammad Ahmed Madni, 46, the step-brother of Moulana Azam Tariq and former president of the banned Sepah-e-Sahaba Pakistan (SSP) Karachi chapter and his son Moulana Abdullah Ahmed Madni, 24, were shot at and injured seriously when unidentified gunmen riding on a motorbike opened fire upon their car in Buffer Zone vicinity of North Nazimabad in Tamoria police jurisdiction.

The injured father and son were rushed to the Abbasi Shaheed Hospital, where Moulana Abdullah Madni, succumbed to his wounds, which he sustained in his head and chest.

In August-2005, Moulana Abdul Karim Naqashbandi, a member of Ulema Board of Sunni Tehreek (ST) and a candidate of Insan Dost Panel, was shot dead and two others wounded seriously.

In Sept, nine persons including two policemen, one ranger's personnel were shot dead, while Mirza Qaisar Sohail, an Advocate of the Sindh High Court, was found murdered in his house in Mehmoodabad. In November-2005, 18 persons were murdered including Asmat Ali, a police guard associated with PPP MPA Akhtar Jaddon, who escaped unhurt a life attempt in Boating Basin police limits.

Legal historians in Pakistan are bewildered as day by day the society is wrangling with legal shenanigans starting from serious constitutional issues to enforcing ban on kite flying and meals on wedding parties. In a country where a general in uniform wants to stick to power keeping both the posts of president and army chief, the prime minister proudly tells people that price hike of petroleum and gas products is in the best 'national interest', religious schools defy the registration law, the government fails to table a bill for amendments in controversial Hudood [prohibition] laws, provincials governments are warned by the apex court to strictly enforce its decisions regarding ban on kite flying and serving of meals on wedding functions and where most undesirable customs of karo kari (honour killing), vani and swara (cruel customs where women are given in marriage as a form of compensation) are still in practice, quest for a true constitutional democracy and rule of law appears a farfetched idea. The single most negative factor is that people in power are themselves the worst law offenders.

In 2005 the most controversial move by the government of NWFP was introduction of Hisba Bill 2005 ['Hisba,' an Arabic word, which in plain language means 'to count' or 'accountability' or 'to prohibit from evil things']. The move by self-righteous elements to enforce moral dictates alarmed many sections of the society, compelling the President to refer the matter to Supreme Court under Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973. The most important question raised before the apex court was "Whether the Hisba Bill or any of its provisions, would, if enacted; be violative of the fundamental rights guaranteed in Part-II, Chapter 1 of the Constitution, including but not limited to Articles, 9, 14, 16 to 20, 22 and 25 thereof?"

On 4th August 2005, a 9-Member Bench of Supreme Court of Pakistan unanimously declared that section 10 (Bey), (Jeem), (Dal); section 12(1), (Alif), (Bey), (Jeem); section 23(1), (2), (3), (5), (6), (7), (12), (14), (27); section 25(1), (2) and section 28 of the "Hisba Bill" 2005 were ultra vires the Constitution of the Islamic Republic of Pakistan, 1973. The honourable apex court held that "above referred sections of the Hisba Bill being vague, overbroad, unreasonably based on excessive delegation of jurisdiction, denying the right of access to justice to the citizens and attempting to set up a parallel judicial system are violative of Articles 2A, 4, 9, 14, 16, 17, 18, 19, 20 and 25 as well as 175 of the Constitution". The crux of historic decision by the apex court was that "private life, personal thoughts and the individual beliefs of citizens cannot be allowed to be interfered with".

This decision of the apex court saved the lives of millions who could have suffered irreparable loss in terms of human freedom had such an erratic and draconian law been enforced. Behind the whole bizarre episode lurks a continuous struggle between the forces of obscurantism and enlightenment. It is very unfortunate that forces of obscurantism are getting support of masses merely for the reason that unrepresentative rulers are following the agenda of USA and its allies that is detrimental to the interest of the Muslim world as a whole. Denying the establishment of a true democratic structure and freedom of judiciary are in fact strengthening the hands of forces of obscurantism. The so-called advocates of enlightenment should consider this point if they want to make this society a place worth living. If they continue to resist the establishment of a true democratic culture in society the forces of obscurantism will continue to thrive.

The government during 2005 failed to deliver anything positive about "moderation and enlightenment". The role of National Assembly as legislative body was disappointing. The government on some occasions had to eat a humble pie when its motions were rejected by majority opposition legislators in the National Assembly. The chagrin was digested by scores of treasury lawmakers including federal and state ministers, parliamentary secretaries and MNAs. For example, the motion on delay of the report on changes in the Decorations Act 1975 was opposed even by many treasury members. Raza Ahmed Manika, chairman of a standing committee, wanted to move the motion but the House rejected it with 81 opposition votes against 78 of the Treasury's.

The Federal Minister for Law, Justice and Human Rights claimed that during the 100-day rule of Shaukat Aziz as Prime Minster, as many as 22 different laws, including amendments, had been passed. He was of the view that this showed that the government was mitigating sufferings of the common man.

Idea of the federal court was coined when Prime Minister Shaukat Aziz in his first broadcast to the nation since taking his office in August 2004 had announced to set up a federal commercial court in Islamabad to deal with financial disputes involving business, federal taxes and investment. To be called the Federal Court Act 2004, the court was to be led by a chief judge while its strength would have to be determined by the president in consultation with the prime minister. The federal court would have original and appellate jurisdiction on laws involving Imports and Exports (Control) Act, the Copies Rights Ordinance, the Customs Act, the Drug Act, the Emigration Ordinance, Oil and Gas Regulatory Authority Ordinance, Industrial Relations Ordinance under which the high court hears appeals against the decisions of courts and tribunals and banking courts, drug courts, income tax tribunals and customs tribunals.

The religious parties and controllers of deeni madrassahs have kept on opposing the government tooth and nail. The same fate met the proposed federal court bill as the legal fraternity rejected it being unconstitutional. The madrassahs are reluctant to disclose details of donations and funds. But at the same time they do not want to invite further displeasure of the government and the West. The redeeming fact was at least they agreed on the registration. It is, however, not yet clear whether registration alone will dispel the impression among the western countries that they are teaching literature, which promotes militancy, sectarianism, and religious hatred. The government remained in a difficult position to deal with them as Mufti Muneebur Rahman, President, Ittehad Tanzeemat Madaris Dinya Pakistan (ITMDP) asked the government to extend the date for Deeni Madaris Registration by another six months, from December 31, 2005 to June 30, 2006. The policy of appeasement towards these forces of obscurantism in the past is now becoming a major headache for the government.

For the media people the year 2005 did not bring any good news and they expressed concerns that freedom of expression in Pakistan remained a circle of myth and reality with open government restrictions based on the pretexts of "national interest" and "restrictive press laws".

The positive move in 2005 was approval of the draft of Law Reforms Bill, 2005 by the federal cabinet aimed at providing inexpensive and speedy justice to people and redressing the outstanding grievances in the administration of justice. The amendments proposed in the bill are aimed at simplifying and modifying the procedure to reduce delay, and serve as a check against frivolous litigations.

The Law Reforms Bill, 2005 can bring some meaningful changes in the justice system of the country. Let us hope that its adoption and implementation is achieved in 2006. If it happens, 2005 can prove to be a starting point for the much-needed changes in our legal system, without which we can never claim to be a civilized society.

-- The writers, members of visiting faculty of Lahore University of Management Sciences (LUMS), have written many books on Pakistani laws. They work for a multi-disciplinary firm,