Formerly Principal Lecturer in Law at the Nottingham Trent University. My main interests are in Constitutional Law, Administrative Law and Human Rights.
I am the author of the following books:
|1) Judicial Control of
Administrative Action in India and Pakistan
(A comparative study with reference to English Law)
Oxford University Press, 1969.
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|2) Judicial Control of
Administrative Action in India, Pakistan and Bangladesh
The Law Book Company (P) Ltd, 1990
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|3) A Federal Constitution
for the United Kingdom: An Alternative to Devolution Ashgate/Dartmouth
Publishing Company, 1997, ISBN 1 85521 876 3.
[The Federal Model constructed in this book provides for the maximum possible autonomy/independence to the federating units, their role in foreign affairs including, where appropriate, their membership of the United Nations and other international organisations, and machinery for the removal of economic disparities between the regions of the federation. This model might conceivably provide a framework for the resolution of the conflicts in Northern Ireland, Sudan (between the north and south), Palestine (between Israel and Palestinians) and over Kashmir (between India and Pakistan).]
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4) Judicial Control
of Administrative Action in India, Pakistan and Bangladesh -
The previous edition of Judicial Control of Administrative Action in India, Pakistan and Bangladesh was published in 1990. Since then there has been a host of developments in English common law which has historically governed the substantive and procedural control of governmental action in the Indian Sub-continent and continues to influence the shape and growth of the law in this field in India, Pakistan and Bangladesh.
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The current edition's main thrust is to focus on the impact of Human Rights legislation on the scope of judicial review, not only in dismantling the traditional distinction between legality and merits of the impugned decisions and actions of the public authorities, but also in extending it into those of private individuals and institutions, such as corporate businesses.
Among other important aspects, there is also a discussion on the evaluation and reform of the existing judicial remedies. The book draws the readers' attention to the appropriate solutions to the problems while at the same time dealing with existing law.
The 3rd edition was published by Butterworths India. Its current name and address etc. are as follows: Lexis Nexis, C-33, Inner Circle, Connaught Place, New Delhi 110001 INDIA. Tel: +91-11-4355 9999. Fax: +91-11-4151 3388. e-mail: email@example.com, Website: www.lexisnexis.co.in
I have also written a number of articles in the following journals,
mostly in the same field:
|Anglo-American Law Review|
|Journal of the Indian Law Institute|
|Asian Studies (Dhaka)|
|Trent Law Journal|
|Nottingham Law Journal|
I presented submissions to a number of public bodies including the following:
|1.||Standing Advisory Commission on Human Rights in N.Ireland - A Bill of Rights: a discussion paper, 1976.|
|2.||House of Lords Select Committee on A Bill of Rights - Report ,1978.|
|3.||New Ireland Forum - Report ,1984.|
|4.||English Law Commission - Report on Judical Review and Statutory Appleals (Law Com. No.226) 1994.|
|5.||The Commission on Centre-State Relations in India ,1984.|
|6.||The Royal Commission on the House of Lords' Reform,2000.|
|7.||The UK Select Committee on Public Administration. ( Fifth Report),2002.|
|8.||Joint Committee on Human Rights - submissions on the proposed Human Rights Commission,2003.|
I have interest in current affairs, including those affecting the British Isles and the Indian Sub-continent. My recent book proposes a federal constitution involving the whole of the British Isles.
For further information please click on the title:
Fazal Proposal for a Federal Option to Deal with the Threat of the Dismemberment of the United Kingdom (2016)
The Superior Way of Seeking God's Forgiveness for One's Sins (2016)
Should Britain Remain Within the European Union or Leave It? (2016)
How to Deal with the Immigration Crisis Caused by the Migration to Europe from Africa and the Middle East (2016)
How to Deal with the Threat of Terrorism in Europe (2016)
The Fazal Proposal for a Federal Option to the Irish Problem (2015)
A Federal Option to the Question of Independence for Scotland (2012)
Do Nuclear Weapons of Iran Pose A Greater Threat To International Peace and Security Than Those of Other Nuclear Powers? (2012)
How to Deal with the Crisis in North Africa and the Middle East (2011)
How to Deal with the Global Financial Crisis (2009)
How to Avoid Nuclear War Between Russia and the West (2008)
A Federal Solution to the Conflict in Sudan (2002)
A Federal Constitution for the United Kingdom - An Alternative to Devolution
How to Avoid Nuclear War Between India and Pakistan (1999)
Experience of Haj: Religious Pilgrimage in Islam (1999)
A Peaceful Resolution of the Israeli-Palestinian Conflict (2001)
Development of Water Resources of the Brahmaputra Basin (2004)
Federal Solution to the Conflict in Sudan (2002): www.angelfire.com/ok/mafazal/sudan.html
This conflict dates back to the 1950s and has cost 2 and half million lives dead, 4.5 million internally displaced and a million exiled abroad. An attempt to dismember the country will only result in the continuation of the civil war. For this reason a federal solution is proposed here. Conflicting interests are sought to be reconciled with machinery for participation of the interested parties into the government.
It is recommended that the parties to the conflict in Sudan
agree to the federal solution to the problem. That is to say, different regions
of the country including the southern provinces will have maximum autonomy under
the proposed federal constitution within the framework of one country. The constituent
units of the federation are to be called ‘provinces’. The precise
number of the provinces and their boundaries are to be negotiated and agreed
between the parties.
THIS WILL REQUIRE A ROUNDTABLE CONFERENCE OF ALL THE PARTIES TO THE CONFLICT IN SUDAN TO DISCUSS THE FUTURE OF THE COUNTRY AS A WHOLE. TALKS BETWEEN THE GOVERNMENT AND ONE OR TWO PARTIES, INVOLVING ONE OR MORE SPECIFIC REGIONS ( SUCH AS SOUTHERN SUDAN ALONE) WOULD NOT BE APPROPRIATE FOR THE PURPOSE OF FINDING A FEDERAL SOLUTION TO THE PROBLEM.
This proposal is one of a comprehensive settlement of the conflict as opposed to a partial settlement that has been negotiated recently (in 2004) between the Government of Sudan and the leading rebel group in the south of the country. It might appear that the negotiation made some progress. However, the conflict in the western part of Sudan (the Darfur conflict) with its humanitarian catastrophe demonstrates that no progress is possible without a comprehensive settlement involving all the parties to the dispute.
The Darfur conflict is essentially a tribal one – mainly between the nomadic tribes who need to move from one area to another with their cattle during the dry season in search of grass and water and the settled tribes in the specific regions. The Fazal Proposal envisages a permanent settlement of the nomadic tribes by way of ‘equalisation’ among the different provinces of the proposed federation and uniform standard of living throughout the country. This is likely to involve the development of industry, agriculture, soil conservation, afforestation etc of the desert/arid regions (cf. the website article of the author of the Fazal Proposal entitled “How to Avoid Nuclear War between India and Pakistan”) through the utilisation of water resources available during the rainy season. HOWEVER, TRANSITIONAL PROVISIONS HAVE TO BE MADE FOR THE NOMADIC TRIBES ON THE “RESERVED LANDS” TO BE PREPARED FOR GRAZING THEIR CATTLE DURING THE DRY SEASONS PENDING THEIR PERMANENT SETTLEMENT IN THE AREAS HABITUALLY SUITED TO THEIR LIVING. If the proposed reserved areas were to cross the boundaries of one province into another then the areas concerned would have to be designated “federal reserved areas” and would come under the federal jurisdiction.
However, it should be emphasised that the transitional provision for the nomadic tribes for grazing their cattle is dsesigned only for the dry season of the year and not for their permanent settlement on the reserved lands for the whole year. This is to avoid disturbing the tribal/electoral composition of the population of the areas concerned . Otherwise the resident tribes of the localities might find themselves to be in a minority in their respective areas for the purposes of their electoral representation on the relevant governing bodies.
These recommendations for resolution of the Darfur conflict
would be equally relevant to the countries situated along the southern edge
of Sahara desert. In all these countries including NIGERIA the nomadic tribes
from the north move south during the dry season in search of water and grass
for their cattle on to the lands of the settled tribes . As a result tribal
conflicts develop. Therefore greening of the desert ,afforestation,soil conservation
and development of agriculture,industry etc.in the desert/semi-desert areas
would provide for an environment for the permanent settlement of the nomadic
tribes in the long run.However, transitional arrangements would have to be made
for 'reserved lands' where the nomadic tribes would be able to graze their cattle
during the dry season pending their permanent settlement as contemplated in
the greening of the desert. The same recommendations might be valid for the
eastern, northern and the western edges of Sahara desert.
Eventually the whole of Sahara desert could be planned for 'greening' by way of afforestation, soil conservation, development of agriculture ( adopting modern methos of farming), industry etc.This is likely to require irrigation and a sub-continental approach involving collaboration among the countries concerned i.e.concerted actions for greening the desert by all the countries around Sahara. Such a transformation of the landscape could bring about a climatic change and rainfall in the area.
2. A Federal Constitution for the United Kingdom-An Alternative to Devolution: www.angelfire.com/ok/mafazal/book.html
This article aims inter alia at solving the conflict in Northern Ireland. A re-united Ireland as part of a federal United Kingdom, the former retaining its membership of the United Nations,the European Union and other international organisations together with its maximum independence under the proposed federal constitution is likely to be acceptable to both the Nationalists and the Unionists. Please see the material headed: Justification for a Federal Option for the British Isles (2001) (www.angelfire.com/ok/mafazal/letter.html).
3. How to Avoid Nuclear War between India and Pakistan (1999): www.angelfire.com/ok/mafazal/article.html
The dispute between India and Pakistan over Kashmir poses a grave threat to international peace and security and could plunge the Indian Sub-continent into a nuclear holocaust with risks for the rest of the world. This article proposes a confederation of India, Pakistan and Bangladesh coupled with a just and fair settlement of the dispute over Kashmir.
In order to create a favourable climate for the establishment
of the proposed confederation, it is recommended that India make the following
positive gestures, in addition to agreeing to a just and fair settlement of
the dispute over Kashmir.
A. The mosques destroyed by the right-wing Hindus in India,ought to be re-built on their original sites. That would include the Ayodhia Mosque in Uttar Pradesh .
B. The condition of the Indian Muslims has not improved much since the partition of the Sub-continent in 1947 compared with other sections of the population. A commission of inquiry headed by a judge of the Supreme Court ought to be appointed with relevant terms of reference to investigate the causes of their relative backwardness and make appropriate recommendations with a pledge to implement those recommendations.
C. A prestigious mosque should be built for use by the Muslim members of the integrated armed forces of the proposed confederation at the site of the headquarters of the defence forces.
4. A Peaceful Resolution of the Israeli-Palestinian Conflict (2001): www.angelfire.com/ok/mafazal/peace.html
This is the most dangerous of all the current world conflicts. It carries with it the risk of a nuclear war between the East and the West, if Russia gets involved in this conflict militarily on the Arab side. As a result,the whole world could be embroiled in a conflict that has the potential of a NUCLEAR WORLD WAR. This article proposes a federal solution to the conflict- one-state solution as opposed to the two-states solution, currently favoured by the U.S.A ( the so-called Road Map) coupled with a scheme of financial equalisation between Palestine and Israel. Each side is likely to retain its distinct identity as a federating unit. The Jews are likely to be in a numerical minority in such a one-state solution. However, sufficient safeguards are built into this federal scheme to ensure the protection of their legitimate interests and identity.
Much of the Palestinian land at present comprises desert and semi-desert areas. In the context of the proposed federal solution, the Regional Equalisation Principle will require greening of the desert/semi-desert lands involving afforestation, development of agriculture as well as all-round development including industry. As a result, the Palestinian unit of the proposed federation will be as attractive a place for settlement as Israel. Therefore the Palestinians returning from abroad as well as those living in the refugee camps will find Palestine a sufficiently attractive place for settlement. THERE WILL BO NO NEED FOR THEM TO SETTLE IN ISRAEL.Palestine coupled with a part of Sinai ( which will be equally transformed into green farm land and and forests) ceded to the proposed federation by Egypt for having its own part of Sinai turned into green farm land and forests ( by the proposed Federal State of Israel and Palestine aided by the outside world) will be adequate for settlement for the returning Palestinians.
For the answer to the question: 'where will the water come from for the greening of the Palestine Territory and the Sinai Desert' the reader is referred to this author's website article entitled "How to Avoid Nuclear War between India and Pakistan" (paragraphs headed: RESPONSE TO CHALLENGES OF GLOBAL WARMING, CLIMATE CHANGE AND ENERGY CRISIS). If the appropriate technology could be developed to transform solar heat into unlimited amount of energy at a cost that is commercially viable then sufficient number of desalination plants could be built along the sea coasts. Fresh water thus obtained from the sea through the use of desalination plants could be taken inland by way of irrigation canals and tunnels for the greening of both the Palestine Territory and the Sinai Desert.
Under the federal option the citizens will have a right to move
freely throughout the territory of the federal state, to reside and settle in
any part of the territory ,to acquire,hold and dispose of property in any area
of the federation and to practise any propofession or to carry on any occupation,trade
business in any part of the country. The question naturally arises as to how
the principle of freedom of movement could be realised in the proposed federation
in view of the current Israeli objection to Palestinian settlement in Israel
and the Palestinian objection to Jewish settlement within the Palestinian territory.
IT IS SUBMITTED THAT THE FREEDOM OF MOVEMENT OUGHT TO BE ESTABLISED BY STAGES ( AS WAS THE CASE WITH THE EUROPEAN UNION OVER THE ABOLITION OF THE CUSTOMS BARRIER) CORRESPONDING WITH THE DEVELOPMENT OF THE PALESTINIAN TERRITORY UNDER THE REGIONAL EQUALISATION PRINCIPLE INVOLVING THE GREENING OF THE DESERT AND SEMI-DESERT AREAS AND THE GROWTH OF AGRICLUTURE, INDUSTRY ETC. ONCE UNIFORM STANDARD OF LIVING HAS BEEN ACHIEVED THROUGHOUT THE TERRITORY OF THE PROPOSED FEDERATION THE PRINCIPLE OF FREEDOM OF MOVMENT COULD BE INTRODUCED IN FULL.
If the standard of living is sufficiently high and uniform throughout the territories of the proposed federation then the principle of freedom of movement (although available as a matter of constitutional right to the citizens of the federation) is not likely to cause a major movement of population in either direction between Israel and the Palestinian territory. THIS HAS BEEN PROVED TO BE THE CASE AMONG THE COUNTRIES OF WESTERN EUROPE OF THE EUROPEAN UNION. The objective of this federal proposal is to see that Israel remains predominantly Jewish and Palestine predominantly Palestinian in the composition of population. As a result the state power will remain in the hands of the Jews in Israel and in the hands of the Palestinians in Palestine respectively. The Jews and the Palestinians will share power at the federal level. THIS OBJECTIVE IS SOUGHT TO BE ENSURED BY THE OPERATION OF THE PRINCIPLE OF FREEDOM OF MOVEMENT WITHIN THE FRAMEWORK OF THE REGIONAL EQUALISATION POLICY AS ENUNCIATED BY THE THIS AUTHOR.
The European Union provides for freedom of movement for the E.U. nationals among its member states. However, if one unit of the federation remains under-developed as compared with another that is likely to encourage migration from the former to the latter. This explains the movement of the working population from the countries of Eastern Europe of the European Union to those of Western Europe. Such a trend would be fatal to the balance of the proposed federation as it could turn Israel into a Palestinian majority unit. As a consequence, the Palestinians would acquire the state power in both the units of the federation as well as at the federal level. That would have the effect of undermining the balanced structure of the federation as contemplated by this author.
This demonstrates the importance of acting on the regional equalisation
principle in the implementation of this author's proposal for a federal solution
to the Israeli-Palestinian conflict.
5. Development of Water Resources of the Brahmaputra Basin (2004)
This article was written in 1990 in relation to a decision of the Government of Bangladesh to deal with the consequences of the flood in 1988. Many of the recommendations of this article might be relevant to possible actions that might be taken as a result of the flood in 2004.
The recommendations of the article might be equally relevant to a programme of afforestation, soil conservation and transformation of deserts/semi-desert arid regions into agricultural farm lands in Sudan, Sinai (a part of which could come within this author's proposed "Federal State of Israel and Palestine") and the Thor desert in the Indian sub- continent. This author's proposals for a federal/confederal solution to conflicts in those parts of the world envisage such a programme.
If Egypt were to agree to relinquish its sovereignty over a part of Sinai (relatively a smaller part of Sinai) to be joined with the proposed "Federal State of Israel and Palestine" in return for having its own part of Sinai (the larger part of Sinai) turned into green farm lands and forests by the "Federation of Israel and Palestine", aided by the outside world, then the whole of the Sinai desert could be transformed into a granary of the Middle East. At present only 3% of Egypt's land surface is cultivated entirely with the water of the Nile River. If Sinai could be transformed into agricultural land, it would supply food for much of the population of Egypt and of the Middle East as a whole. According to a report of the Food and Agricultural Organisation (FAO) of the United Nations, the soil of the Middle Eastern deserts is of high quality for agriculture. All that is required is water and fertiliser to transform them into green and fertile agricultural land.
It is hoped that the planners and decision-makers in each of these cases will find the content of this article useful since they will need to anticipate the problems that could arise and know how to deal with them while engaged in a programme of afforestation, soil conservation and transformation of desert/semi desert arid zones into agricultural farm lands by irrigation. That is the justification for publication of the article on this website in 2004.
Each of the above peace plans deserves public
discussion and scrutiny.