79th independence day

79th Independence Day – Quaid’s lost d…

Many Pakistanis, especially the youth in colleges and universities, while celebrating Independence Day every year (August 14, 2026, marks seventy-ninth), express bafflement as to how a state purportedly created in the name of ‘Islam’ is juxtaposed with the term ‘Republic.

They wonder how a Parliament, where majority is not that of theologians, working under Westminster model, retains, amends and enacts mainly Anglo-Saxon laws and yet claims that Shariah is supreme. In Europe and the United States and elsewhere, the term republic connotes a State that precludes monarch and clergy. In our context, the predominant view (though totally misconceived) is that divorced from religion, politics is “changezee” (chaos, anarchy and disorder).

جلالِ بادشاہی ہو کہ جمہوری تماشا ہو

جدا ہو دیں سیاست سے تو رہ جاتی ہے چنگیزی

What poet Dr. Muhammad Iqbal emphasizes in the couplet, Jallah badshahi ho ya jamhori tamasha ho; Juda hon deen siyasat se, to reh jati hai changezee, is that ethics contained in holy Quran should be part and parcel of governance. The majority misconstrue deen (Quranic term seerat-e-mustaqeemright path) as conventional mazhab (religion).

By reading the second stanza in isolation, the clergy interprets and insists that politics should only be in the name of their brand of conventional (orthodox) religion. They and many others conveniently ignore the first stanza of the couplet. The couplet unambiguously conveys that whether it is monarchy or democracy, governance sans ethical framework of deen is changezee.

With conventional mazhab comes Shariah that is a contentious issue since the adoption of Objectives Resolution of 1949. In a fragmented society marred by sectarian hatred (not merely genuine differences over interpretation of Islamic laws) it has becomes a permanent source of conflicts with claims and counter claims on how to run the State.

Ziauddin Sardar (born in Lahore and who left Pakistan in 1960 at the age of nine, now author of not less than fifty books with world-wide acclaim of a public intellectual specialising in Muslim thought) says that if you equate Islam with state, then religion becomes a reason of the state and that state becomes the power of religion. Basically you produce a totalitarian system”.

Ziauddin elaborates that the very idea that “Islam is equal to state is a totalitarian equation. We dont have to go very far; we just have to see recent history. Wherever Islam has been equated with state, we have produced totalitarian systems, like Iran, Saudi Arabia, Sudan, Afghanistan, you name it”. Of course, Saudi Arabia is now drifting away from influence of clergy, but not monarchy.

According to critics of Objectives Resolution, it was a departure from the ideals of Quaid-e-Azam, Muhammad Ali Jinnah, of equality for all citizens and his principles of fair governance. Using it as a ploy, they say that all governments, both military and civilians, managed to convert Pakistan into an exploitative State where ultimately the Shariat Court held land reforms against Islam. According to them, Quaid-e-Azam did not want to make Pakistan a theocratic but certainly an egalitarian state.

Objectives Resolution, passed by the first Constituent Assembly on March 12, 1949 under Liaquat Ali Khans leadership is undoubtedly one of the most important documents in the constitutional history of Pakistanit served as preamble for the Constitutions of 1956, 1962 and eventually became part of the 1973 Constitution when the Eighth Amendment was passed in 1985.

The proponents of Objectives Resolution claim that it confirms the true genesis of Pakistan by reiterating, Sovereignty of the entire Universe belongs to Allah alone and authority should be delegated to the State through its people under the rules set by Allah”. Therefore, it has become a blend of Islam and Western democracy.

Liaquat Ali Khan explained the context of the resolution in his speech delivered in the Constituent Assembly on March 7, 1949 claiming it to be “the most important occasion in the life of this country, next in importance only to the achievement of independence”.

He said that we as Muslims believe that authority is vested in Allah Almighty and it should be exercised in accordance with the standards laid down in Islam. He added that this preamble had made it clear that the elected persons would exercise the authority, which is the essence of democracy, and it eliminates the dangers of theocracy. The events that followed proved him wrong as clergy started asserting its own authority instead of that of Allahs by saying religion is what we interpret”.

The logical outcomes of the Objectives Resolution were: (a) movement against Ahmadis, (b) clergys campaign against Ayub Khans regime in the name of Islam, (c) support of religious parties and right wing to military crackdown in East Pakistan culminating into dismemberment of the country and (d) Zulfikar Ali Bhuttos compromises with religious leaders.

The matter did not end there. It paved the way for an 11-year dictatorial and nightmarish rule [1977-1988] of General Ziaul Haq. Zias legacy was reflected in the formative political years of Mian Nawaz Sharif, three time elected Prime Minster of Pakistan.

Military dictator late General Pervez Musharraf who deposed Nawaz Sharif on October 12, 1999, and all others who followed him failed to undo Zias legacyunfortunately since 1977, religious bigotry is haunting us. The militants and terrorists derive their ideological strength from the notion that real authority rests with Allah and they are waging jihad to make Pakistan a true Islamic polity.

The Objectives Resolution, being part of our Constitution, though emphasizes existence of a Muslim State based on the principles of justice and equity for all, yet contradicts the concept of a secular State free of any religious obligations. Shariah as body of laws cannot be free of sectarian biases, thus, one cannot reconcile the two conflicting ideas.

For example, in Indonesia, the debate whether you can have an Islamic state was a long drawn one with much depth, and they finally reached the conclusion that Islam and politics are linked, not through the state but through a civic society.

It means that if you are a socially-conscious Muslim, you ought to bring your own moral and ethical outlook, express it openly in a civic context, debate and discuss it. Obviously, this has nothing to do with declaring Islam as State religion with legal obligations. The idea of Islamic state has to be construed innovatively to create a civic society and not a state religion through constitutional command as done by us through Objective Resolutions.

Dr. Iqbal Hussain Qureshi, known as. I.H. Qureshi, chief author of the Objectives Resolution, a well-known academic historian admitted, Resolution was quickly prepared and passed ‘in a snap’ at a meeting of the Muslim League Party”. At the time of presentation of Objectives Resolution, Pakistan was not Islamic Republic. Its structure was republican fully in line with the Indian Independence Act of 1947.

After becoming Islamic Republic, we have miserably failed to reconcile these two conflicting objectives. The concept of an Islamic State” logically calls for decision-making in the hands of “pious ones”, so certified by the clergy!

We must learn from Bangladesh. One of the unique features of the Constitution of Peoples Republic of Bangladesh is that it pledges to conserve secularism (Article 12) while also declaring Islam as its state religion (Article 2A).

A five-member bench of Supreme Court of Bangladesh in 2023 dismissed an appeal by the countrys largest Islamist party [Jamaat-e-Islami] seeking to overturn a 2013 ruling that barred it from participating in elections for violating the constitutional provision of secularism, but not from political activities. The historic context of this decision vis-à-vis constitutional and political evolution of Bangladesh is available in an article by Dr. Arshi Saleem Hashmi. The final judgement of the highest court of Bangladesh, while reconfirming State as secular pluralistic constitutional democracy, barred use of religion in politics.

The dismemberment of Pakistan in 1971 exploded the myth that the real purpose behind creation of Pakistan was establishment of an Islamic State. The two-nation theory, based on the foundation of religious divide of Hindus and Muslims, received irrecoverable setback when the Bengalis were maltreated by the ruling elite of West Pakistan that ultimately led to the division of the Stateproving that socio-economic factors, and not religion, play the decisive role in politics.

Late Dr. Ajeet Jawed in Secular and Nationalist Jinnah has brilliantly documented that Quaid-i-Azam wanted a secular Pakistan. Throughout his political career, he struggled against both Hindu and Muslim extremists. After independence, the feudal class with the help of its croniesbureaucrats, clergymen and men in khaki—managed to hijack the new state and converted it into Islamic Republic (sic)a mere nomenclature whereas the system remains Anglo-Saxon. Holy Quran does not permit class society and concentration of wealthits main stress is on the empowerment of have-nots.

Even in the very beginning, the vested interest tried to tamper with the famous speech of the Quaid of August 11, 1947, but failed to do so. Dr. Ajeet revealed in her book (available in Urdu as well): “It was allowed to be published in full only after Dawn’s editor, Altaf Hussain, threatened those who were trying to tamper with it to go to Jinnah himself if the press advice was not withdrawn”.

For building a secular Pakistan, Dr. Ajeet writes, Quaid sought the help of Khan Abdul Ghaffar Khan, because, as he said in his letter to Badshah Khan, he was “surrounded by thieves and scoundrels” through whom he could do nothing. With substantial evidence, Dr. Ajeet has established that Quaid remained a secularist and nationalist up to the last moment of his life. Thus attempts to make Pakistan an Islamic Republic is a great betrayal.

Late I. A. Rehman, exceptional journalist and public intellectual, summed up the entire debate aptly in his article, Jinnahs new Pakistan is possible, Those who wish to save or reconstruct Jinnahs Pakistan will do well to avoid following the Quaids actions that were determined by time and circumstance… in order to progress Pakistan must continue to be defined by a firm commitment to constitutionalism and the model of a welfare state, sovereignty of the people, and equal rights for women and members of minority communities…it is necessary to retain Jinnahs vision of Pakistan, subject, of course, to changes in details demanded by contemporary realities.all those interested in building this Pakistan must realise that they will not be successful without going beyond the August 11 speech and that state-building cannot be done by think tanks alone”.

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Dr. Ikramul Haq, Advocate Supreme Court, specializes in constitutional, corporate, media, environment, ML/CFT related laws, IT, intellectual property, arbitration and international tax laws. He holds an LLD in tax laws with specialization in transfer pricing. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996.

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  • Justice delayed & wrongdoers’ profitability

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The register of members determines who owns shares, receives dividends, votes at meetings and exercises corporate control. A fraudulent alteration is therefore not a technical defect. It can amount to stealing ownership through manipulation of the company’s official record. The Court has rightly refused to allow deception to become title merely because it remained concealed for several years. Fraud is usually designed to remain undiscovered. Applying a rigid limitation period in favour of the person concealing it would reward the very conduct that the law is meant to prevent. The judgment also resolves the uncertainty arising from Bentonite Pakistan Limited v Bankers Equity Limited (2023 SCMR 1353), in which observations had suggested that Article 181 of the Limitation Act could apply to company-law proceedings. The larger bench has clarified that a rectification petition is not an “application” governed by that provision. This doctrinal clarity is welcome. The harder question is what justice means after the fraud has lasted for years. A person fraudulently deprived of shares may lose dividends, voting rights, managerial control and participation in rights or bonus issues. The wrongdoer may meanwhile control the company, use its assets and finance the litigation from benefits derived through the disputed shareholding. After 10 or 20 years, an order restoring the shares may correct the register. It does not necessarily compensate the victim. This problem extends far beyond company law. In Pakistan, fraudulent possession and prolonged litigation often operate together. Land, inheritance, commercial assets and corporate rights are appropriated through false documents or manipulated records. Once challenged, the beneficiary denies everything, seeks adjournments, produces further documents and carries the matter through every available forum. Delay becomes a business strategy. The wrongdoer retains the asset while the victim pays to recover it. Even after losing, the wrongdoer may be required only to return property that never lawfully belonged to him. Nominal costs do little to alter this calculation. A rational legal system must ensure that fraud and frivolous litigation are economically unattractive. Otherwise, the expected gain from wrongdoing remains greater than its expected cost. Pakistan needs to move towards a genuine cost-based justice system. This does not mean obstructing access to courts or punishing honest litigants who fail to prove a bona fide claim. It means distinguishing genuine disputes from proceedings maintained through deliberate falsehood, concealment, forged documents or tactical delay. The Code of Civil Procedure, 1908 provides for costs, and the federal Costs of Litigation Act, 2017 recognises actual, adjournment and special costs in specified circumstances. The larger principle should be applied far more effectively: an innocent litigant should not be forced to finance the other side’s abuse of judicial process. Where fraud is established, courts should ordinarily consider restoration of all benefits obtained from the disputed property, interest for the period of deprivation, realistic legal expenses and enhanced costs where false or vexatious pleas prolonged the case. In corporate cases, this could include an account of dividends, bonus and rights shares, remuneration obtained through control, and other measurable benefits flowing from the fraudulent entry. Section 126(4) also permits referral of fraudulent conduct for proceedings under section 127. Such referrals should be made where the evidence warrants them. The constitutional dimension should not be ignored. Article 10A of the Constitution guarantees fair trial and due process, while Articles 23 and 24 protect property. A right restored after decades, without compensation for its prolonged deprivation, is only partially vindicated. The Supreme Court has correctly ruled that fraud cannot shelter behind the calendar. Our jurisprudence must now adopt the accompanying principle that fraud cannot profit from the judicial calendar either. Justice must do more than correct an entry after years of litigation. It must remove the financial benefit of wrongdoing, compensate the victim as far as reasonably possible and impose realistic costs on those who misuse courts to preserve the proceeds of fraud. Only then will delayed justice cease to be an investment for the wrongdoer. _______________________________________________________________________   Dr. Ikramul Haq, Advocate Supreme Court, Adjunct Faculty at Lahore University of Management Sciences (LUMS), member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE), holds an LLD in tax laws. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He also served Civil Services of Pakistan from 1984 to 1996.

  • Circular debt: claims collapse, liabilities return

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The IMF reportedly allowed up to Rs. 400 billion to be added to the circular-debt flow during FY 2025–26, while requiring the government to neutralise the addition through budgetary subsidies. This approach turns circular debt into an exercise in fiscal presentation. A liability generated inside the electricity system is paid from the federal budget and then described as contained. The loss has not been eliminated. Its location has changed. The same problem arises with the Rs. 1.225 trillion circular-debt settlement plan. Refinancing expensive liabilities at more favourable rates can reduce financing costs and provide immediate liquidity. It does not constitute retirement of debt in any economic sense when the replacement financing has to be repaid over six years through charges imposed on electricity consumers. Pakistan will be servicing yesterday’s circular debt while the unreformed system continues creating fresh liabilities. 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  • DG ISPR’s Press Conference: Strategic Signal…

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He also underscored the distinction between the military’s responsibility for security and the authority of civilian institutions over political and administrative reforms, reaffirming that such decisions should remain within the constitutional framework. A significant portion of the press conference was dedicated to providing a stark and detailed update on the country’s counterterrorism efforts, presenting an overwhelming amount of operational data. The DG ISPR revealed that security forces have conducted a staggering 40,348 intelligence-based operations (IBOs) across Pakistan so far in 2026, which averages to nearly 200 operations every single day. This relentless operational tempo is a testament to the proactive and aggressive posture adopted by the security forces to root out militancy from every corner of the country, leaving no safe haven for terrorists to operate. Of these, the majority—over 31,000—were carried out in Balochistan, underscoring the province’s central role in the national security strategy and the immense efforts being invested to bring stability to that region. He reported that a total of 3,145 terrorism incidents had taken place in the country in 2026, with 1,971 reported from Khyber Pakhtunkhwa, 1,148 from Balochistan, and 26 from other parts of the country. The results of these operations, he stated, have been significant, with 2,084 confirmed terrorists eliminated. This, he emphasized, translates to an average of 10 terrorists being killed every day, which he described as the highest operational ratio ever achieved in the country’s history. This high kill ratio is indicative of the intelligence-led nature of the operations, where precise targeting minimizes collateral damage and maximizes the impact on terrorist networks. However, he also acknowledged the heavy price paid for this peace, revealing that 819 Pakistanis have embraced martyrdom this year in the fight against terrorism. This somber figure includes 303 Pakistan Army personnel, 194 police and other law enforcement officials, and 322 innocent civilians. The sacrifice of these brave individuals, he noted, is a debt that can never be fully repaid, but it underscores the determination of the nation to prevail against the scourge of terrorism. He also disclosed that 28 suicide bombings have occurred nationwide, the majority of which, he alleged, were carried out by Afghan nationals. This disclosure highlighted the nexus between cross-border terrorism and the instability in Afghanistan, a point he elaborated on to stress the need for effective border management and regional cooperation. In a crucial clarification that resonated deeply with the public, the DG ISPR addressed the concept of a “hard state,” dispelling any misconceptions about its meaning. He explained that a “hard state” does not refer to military rule, nor does it imply a repressive or authoritarian regime. Instead, he defined it as a country where the Constitution and the rule of law are enforced equally for every individual without any discrimination or elitism. It is a system where all matters are resolved through constitutional and legal mechanisms, and where every citizen is equal before the law, regardless of their social or political standing. This vision of a “hard state” is fundamentally about strengthening the state’s institutions and legal frameworks to ensure justice and accountability for all, thereby creating a more stable and prosperous society where the rights of every citizen are protected. He used this definition to counter the narratives of those who fear a strong state, arguing that a “hard state” is the ultimate guarantor of democracy and individual freedoms, as it prevents the strong from exploiting the weak and ensures that the law is the supreme authority. Turning his focus to the complex security situation in Balochistan, the DG ISPR adopted a nuanced approach that combined a firm security stance with a clear commitment to development and public engagement. He firmly rejected the narrative that the security situation in the province is deteriorating, calling it a deliberate and coordinated campaign to create a false perception. He alleged that certain elite groups and tribal leaders (sardars) have historically opposed social progress to preserve their own power structures, and he stressed the need to empower the people of Balochistan instead of these traditional power brokers. The state’s priority, he declared, is to resolve the genuine grievances of the province’s residents while continuing decisive operations against militant groups who seek to disrupt the peace. He outlined a comprehensive development agenda for the province, detailing that the state would engage directly with the people of Balochistan rather than with disruptive elements. To this end, he highlighted that billions of rupees are being invested in socio-economic development projects across the province.

  • Beyond Public Finance: Towards Constitutional Poli…

    Taxation, constitutional legitimacy & fiscal justice The previous Part VII of this series traced the contributions of Abu Yusuf, Al-Ghazali, Ibn Taymiyyah, Al-Maqrizi and Ibn Khaldun to public finance and political economy. Their works differed in purpose and historical setting, but a common normative framework emerged: justice in public burdens, accountability of authority, consultation in collective decisions, protection against arbitrary appropriation, honest exchange, responsible administration of public resources, wider circulation of wealth and protection of vulnerable citizens. These principles do not provide a ready-made tax code for a modern federation. They offer something more fundamental: standards by which taxation, expenditure and public authority may be judged. The same standards find expression in the constitutional order of Pakistan. Taxation is not legitimate merely because money is required by the state or because a provision has been inserted into a Finance Act. Parliament possesses wide legislative authority, but it is a creature of the Constitution and not its master. It cannot validly enact what the Constitution prohibits, invade a field constitutionally assigned elsewhere or destroy rights and limitations that bind every organ of the state. The proposition appears elementary. Pakistan’s fiscal practice repeatedly ignores it. Article 77 of the Constitution provides that no federal tax shall be levied except by or under the authority of an Act of Parliament. This embodies the historic principle of no taxation without representation. Revenue cannot be extracted through executive preference, administrative instruction or unstructured discretion. Legislative authority must exist. Article 77 is a necessary condition for lawful taxation, not a complete test of constitutional legitimacy. A tax enacted by Parliament must also conform to the distribution of legislative powers, equality before law, due process, protection of property and other constitutional guarantees. Parliamentary form cannot cure substantive constitutional defect. Otherwise, the requirement of constitutional supremacy would be reduced to the proposition that Parliament may do anything so long as it records the command in statutory language. Pakistan is not governed under parliamentary sovereignty in the British sense. It is governed under a written and supreme Constitution. Legislative authority is not unlimited authority The Constitution divides taxing powers between the Federation and provinces. Parliament cannot convert a provincial subject into a federal one merely by changing its label. A levy upon capital value cannot automatically become income tax because it is placed in the Income Tax Ordinance, 2001. A tax upon services cannot be extended to transactions lacking the character of a service merely because additional revenue is desired. The true nature, subject matter and effect of the levy remain decisive. This is particularly important because fiscal pressures create incentives to stretch legislative entries beyond their constitutional purpose. Governments confronting debt servicing, defence expenditure and programme targets naturally seek accessible revenue. Constitutional limitations exist precisely because necessity, convenience and expediency cannot be allowed to determine the boundaries of public power. A Constitution does not become less binding when the treasury is empty. The Supreme Court’s jurisprudence has recognised that Parliament’s taxing competence, though broad, is not without constitutional limits. In Elahi Cotton Mills, the Court accepted substantial legislative latitude in taxation, including the use of legal fictions, classifications and presumptive methods. It also made clear that the legislature cannot tax as “income” something that cannot rationally possess the character of income. The breadth of a legislative entry does not eliminate its essential subject matter.  The same discipline must govern every fiscal enactment. Equality is not arithmetical uniformity Article 25 guarantees equality before law and equal protection of law. Equality does not require every person, transaction or source of income to be taxed identically. Legislatures may classify taxpayers and activities where a real distinction exists and the classification bears a rational relationship to the purpose of the law. The power to classify cannot become a licence to privilege. Pakistan’s tax system contains numerous distinctions based upon source, status, sector, documentation and bargaining power. Salary, dividends, profit on debt, business income, contracts, imports, property income and capital gains are frequently subjected to different rates and regimes. Some differentiation may be justified by collection realities or constitutional allocation. Much of it has emerged through political accommodation rather than coherent principle. A constitutional analysis must therefore ask whether similarly situated persons are treated alike, whether distinctions correspond to genuine economic differences, and whether the burden imposed is reasonably connected with the stated objective. Higher transactional taxes upon “non-filers”, for example, are presented as instruments of documentation. Their constitutional and economic legitimacy becomes doubtful when they operate indefinitely as revenue measures without determining actual income, establishing liability or bringing the person into a genuine assessment system. A temporary incentive to file cannot become a permanent substitute for income taxation. Due process in fiscal administration Article 4 protects the right of every person to be dealt with in accordance with law. Tax administration must consequently involve more than statutory authority to demand money. Liability must be determined through fair procedures, relevant evidence, a meaningful opportunity to respond and access to independent adjudication. Automated notices, coercive recovery, attachment of accounts, blocked refunds and repeated demands without proper examination undermine this constitutional relationship. Technology does not suspend due process. Digital systems can improve matching, risk identification and transparency. They cannot transform an algorithmic suspicion into established liability. The taxpayer must know the basis of the demand, confront the material relied upon and obtain a reasoned determination from a legally competent authority. A revenue system that collects first and examines legality later converts constitutional administration into fiscal compulsion. The Supreme Court’s judgment in Mustafa Impex also reinforced the constitutional identity of executive authority. Statutory powers assigned to the Federal Government cannot automatically be exercised by an individual minister, division or official unless the constitutional and statutory framework permits it. Fiscal measures made through notifications and delegated authority must remain within the limits imposed by the parent legislation and the constitutional structure of government.  Delegation may supply machinery. It cannot create a new taxable event, enlarge the charge or transfer essential legislative choices to the executive. Property,

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