India-held Kashmir to host Miss World contest

The Miss World beauty contest will be held in the disputed territory of occupied Kashmir as part of a month-long series of events across India, organisers have said.

India has been promoting tourism in the disputed region — home to spectacular mountain scenery — and more than a million Indian citizens visited it last year.

Miss World Organisation chair Julia Morley said that India will host a month-long series of events for the annual international beauty pageant from November to December, with part of the schedule to be held in occupied Kashmir.

“This is a blessed place for tourism,” Morley told reporters while on a visit to Srinagar on Monday, the region’s main city.

Competitors will take part in “talent showcases, sports challenges, and charitable initiatives” to shortlist participants before the grand finale in December, the organisation said.

Miss World organisers say the contest “celebrates the beauty, intellect, and humanitarian efforts of women”.

The pageant has in the past sparked protests from critics who say it perpetuates the objectification of women and contributes to a beauty industry that pressures women to appear a certain way.

In May, India hosted a G20 tourism meeting in Srinagar under tight security in a bid to show that what officials call “normalcy and peace” were returning after a massive crackdown following New Delhi’s revocation of the region’s limited autonomy in 2019.

Dissent has been criminalised, media freedoms curbed and public protests limited in what critics say is a drastic curtailment of civil liberties by Indian authorities.

Miss World 2022 Karolina Bielawska said she was stunned by held Kashmir’s scenery.

“I cannot wait to welcome 140 nations, and all my friends and family, to bring them here to India and to show them places like Kashmir, like Delhi, Mumbai… you have so many beautiful places”, the Polish model said on Monday.

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Sutlej floods

CLIMATE change-related devastation seems to have become such an ordinary feature of our news cycle that it does not appear to be arousing the same level of angst as our more ephemeral problems do. With national attention focused more on political and economic challenges, widespread devastation continues in Punjab along the Sutlej, which has swelled manifold to reportedly its highest level in 35 years, inundating vast areas along its banks. The flooding was triggered by the flow of large volumes of water into Pakistan from India, where heavy monsoons in the north of the country — rainfall was reported as almost three times the norm in the Ladakh region, for example — have fed the river and forced it to spill its banks. Satellite images captured by Nasa’s Earth Observatory depict a huge level of flooding in both countries, with before and after images of the Sutlej taken around mid-June and mid-August showing how radically the landscape has changed in a very short while.

With hundreds of thousands of citizens already relocated, efforts to secure affected populations and move them to safer lands are still ongoing. Thankfully, the authorities have been proactive in their rescue operations, managing to move thousands of residents and livestock from hundreds of settlements in the fertile plains alongside the Indus’s easternmost tributary to safer locations before there could be any major loss of life. The Punjab relief commissioner believes life will be back to normal “soon”, and the people will eventually be able to return to their homes, but that is unlikely to be the end of this episode. Vast tracts of cropland have been submerged, and their produce may be destroyed by the time the waters recede. There will also be new health challenges in the affected areas arising from waterborne diseases, which will require timely action by the provincial authorities.

Within a year of 2022’s catastrophic monsoon and the floods that followed, we are witnessing a rerun of the disasters wrought on our lands by climate change. The locus may have shifted to another geographical area, but the worst effects of the damage done to the global environment by developed nations are again being faced by the vulnerable populations of the Global South. With COP28 just a few months away, Pakistan, India and all other nations bearing the brunt of climate disaster must join forces and seek the operationalisation of the agreement to compensate countries for loss and damage arising from climate change, which was reached at the conference last year. Key issues like who is to pay, who will benefit, and what amount will be allocated to the loss and damage fund have yet to be decided, and, with time already having run out for the people of the subcontinent, the matter needs urgent attention.

Published in Dawn, August 29th, 2023

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China’s ‘aggressive behaviour’ in South China Sea must be challenged, US Navy official says

China’s “aggressive behaviour” in the South China Sea, including the use of a water canon by its coast guard against a Philippine vessel, must be challenged and checked, the commander of the US Navy’s Seventh Fleet said on Sunday.

Vice Admiral Karl Thomas assured the Philippines of US backing in the face of “shared challenges” in the region, saying: “My forces are out here for a reason.”

The largest of the US Navy’s forward-deployed fleets, the Seventh Fleet, headquartered in Japan, operates as many as 70 ships and has around 150 aircraft and more than 27,000 sailors.

It operates over an area of 124 million square kilometres from bases in Japan, South Korea and Singapore.

“You have to challenge people I would say operating in a grey zone. When they’re taking a little bit more and more and pushing you, you’ve got to push back, you have to sail and operate,” Thomas told Reuters.

“There’s really no better example of aggressive behaviour than the activity on August 5 on the shoal,” he added.

On August 5, a Chinese coast guard ship used a water cannon against a Philippine boat carrying supplies to troops aboard a warship Manila intentionally grounded on a shoal in the South China Sea, a fault line in the rivalry between the US and Beijing in the region.

Thomas said he had had discussions with Vice Admiral Alberto Carlos, the head of the Philippine Western Command overseeing the South China Sea, “to understand what his challenges are to find opportunities to be able to help him”.

“We certainly shared challenges. So I wanted to better understand how he views the operations that he’s responsible for. And I want to make sure that he understood what I had available,” said Thomas who was in Manila for a port call.

On Saturday, Thomas said he joined a flight from Manila “to go out and check out the South China Sea”.

The Philippines won an international arbitration award against China in 2016, after a tribunal said Beijing’s sweeping claim to sovereignty over most of the South China Sea had no legal basis.

China has built militarised, manmade islands in the South China Sea and its claim of historic sovereignty overlaps with the exclusive economic zones of the Philippines, Vietnam, Malaysia, Brunei and Indonesia.

The Chinese Embassy in Manila did not immediately respond to a request for comment.

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‘Assent’ of the president

PRESIDENT Dr Arif Alvi, on Aug 20, 2023, went on his X (formerly Twitter) account to allege that he had not ‘assented’ to two bills seeking amendments to the Pakistan Army Act, 1952, and the Official Secrets Act, 1923, both of which the government had already notified as duly promulgated acts by parliament. In fact, the government hastily moved to prosecute certain PTI leaders under these amended ‘acts’.

The controversy around the ‘assent’ of the president is against the following backdrop of law and facts:

(1) Article 75 of the Constitution provides a multidimensional approach to the ‘assent’ of the president necessary to the passage of a ‘bill’ of parliament to an ‘act’ of parliament. There is a distinct dichotomy in the Article between ‘assent’ and ‘deemed assent’.

(2) Thus, Article 75 charges the president, within 10 days, to either ‘assent to the bill’ as covered by sub-Article 75(1)(a) or return the bill to parliament with “a message requesting that the bill or any specified portion thereof, be reconsidered” by the joint session of parliament and, if passed on such reconsideration, with or without amendment, it shall be presented to the president who “shall give his assent within ten days, failing which such assent shall be deemed to have been given” (Article 75(2)).

The right to assent to bills before they become law is not a trivial right that should be ‘deemed’.

(3) Against this constitutional background, simply presented, the president has alleged that he did not “assent” to the bills. There is the detail about his instructions to his staff which were allegedly not carried out. These details may impact on the good governance and the personal conduct of the president in not fully complying with his obligations under Article 75 but what needs to be examined is whether such governance and conduct impact on the constitutional requirement of “assent” required under Article 75(1)(a). It is clarified that as the president did not return the bills with a “message” under Article 75(1)(b), the provisions of Article 75(2) are not attracted.

The pivotal issue to be addressed simply is whether in not returning the bills within 10 days, with or without a message, the president shall be deemed to have ‘assented’ to the bills under Article 75.

‘Assent’ in the Constitution is always understood to mean an unequivocal intent to support or approve a measure. An assent, generally, to be valid and legal must, borrowing from the timeless principles of contract law, be consensus ad idem, that is assent in the same sense upon the same thing. Thus, if the parties are not ad idem, there is no assent. Assent, accordingly, must normally be expressed through the signatures of the president or communicated through his subordinate staff, in writing, as allowed by the applicable Government Rules of Business, 1973. It thus remains to be investigated whether the government complied with this constitutional requirement at the time it notified the ‘bills’ as ‘acts’. Clearly, the bills could not become acts if there was no substantial compliance with this basic obligation. If the president had not signed his assent or not communicated his assent through his office as enabled by the Government Rules of Business, there, clearly, was no assent under the Constitution for purposes of Article 75(1)(a) and the issuance of the notification of the bills as acts was flawed, irregular, illegal and unconstitutional.

A few other comments about ‘assent’ and ‘deeming’ provisions of law may be helpful in the above result.

First, an ‘assent’ could be unequivocally expressed in writing as through a signature. But our jurisprudence is also familiar with ‘constructive assent’ or ‘implied assent’. None of these have been invoked by the caretaker law minister and, in any event, the extension of such assents in Article 75(1)(a) would be reading something that is not there.

Second, the deeming provisions in a Constitution or law are exceptional provisions and are always interpreted restrictively. The word ‘deemed’ conveys a fiction whereby a thing is legally treated in a particular manner when in fact it does not so exist. A deeming provision creates a legal fiction, which is otherwise not factual, and the interpretation of such provisions is always most guarded in the jurisprudence of all legal systems. We canvass that the deeming provisions of Article 75 are limited, as per the express provisions of Article 75(2), to the reconsideration of parliament of the message of the president sent under Article 75(1)(b). It is a fundamental principle of constitutional construction that you cannot read into the Constitution that which is not written there. Had it been intended to read the deeming fiction in Article 75(1)(a), the Constitution would have so stated as it did in Article 75(2).

The oft-repeated observation on the interpretation of deeming clauses in the rich jurisprudence of our Supreme Court and the superior judiciary compels that “statutory fiction should be carried to its logical conclusion … but the fiction cannot be extended beyond the language of the section by which it is created or by importing another fiction”, therefore, to find out a solution, it has been observed that the “principle of harmonisation shall be attracted” and ultimately it was held that “the impact of deeming clause could be curtailed if it produces a disgraceful result” (emphasis added).

Here, let us look at the enormity of the implications of a “deeming assent”. The president’s right to assent to a bill is a part of the fundamental basic structure of our Constitution of checks and balances meant in the ultimate interest for the welfare of the common man. The right to ‘assent’ to bills before they become the law of the land is not a trivial right that should be ‘deemed’ when the president has, particularly, expressly and publicly said that he did not ‘assent’ for purposes of Article 75(1)(a).

The president may be guilty of poor office-keeping and ineffective indoor management (a concept known to corporate lawyers) but such conduct cannot be extended to allege his abdication or relinquishment of his right to assent under Article 75(1)(a) which, as we suggest, should be clear, unequivocal, unambiguous and in writing through his signature or through his office as may be enabled by the Government Rules of Business.

The writer is a senior advocate of the Supreme Court of Pakistan.

Published in Dawn, August 27th, 2023

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Hospitality, not hostility

THE exodus of Pakistan’s brain capital paints a worrying picture of its future landscape. If this trend continues, the nation could be left with a dearth of skilled professionals, leading to a population dominated by drug addicts, criminals, semi-educated clerks and prayer leaders.

According to official data, a staggering 400,000 plus Pakistanis, with a quarter of them highly trained professionals, departed from the country within just the first half of the current year.

This trend mirrors previous years, with over 700,000 leaving in 2022, more than 600,000 in 2019, and 500,000 during the pandemic-impacted years of 2020-2021. Among those departing are engineers, doctors, and IT professionals. This obviously needs immediate attention.

The rationale for this brain drain is multifaceted. It’s challenging to attract investment due to Pakistan’s debt-ridden economy, with external debt reaching $131 billion in 2023-24.

The country faces challenges such as terrorism, climate emergencies, and natural disasters. Moreover, Pakistan also has appointed itself as the ‘fortress of Islam’ — the last standing warrior of the faith. The concerning question is, what if things fall apart because of basic socioeconomic reasons?

With a median age of 23, approximately 63 per cent of the population falls within the age group of 15 to 30 years. This comes at a time when Europe’s population is aging, with a median age of 44, while the US has a median age of 39.

This young population is a significant asset that should be leveraged effectively. Alongside human capital, sectors such as tourism have been overlooked, despite Pakistan’s abundant potential.

The country offers rich historical, scenic and religious sites, including pilgrimage spots for Hindus, Sikhs and Sufis. It features globally acclaimed Pakistani cuisine, diverse community-made handicrafts, and vibrant village-based music and dance forms.

By promoting foreigner-friendly and quality tourism, Pakistan has the potential to earn foreign exchange and generate micro-economies across the nation.

Home to two of the world’s 10 highest mountain peaks and a coastline of 1,365 kilometres, Pakistan presents a mesmerising variety of natural wonders, each more captivating than the other.

The country’s allure ranges from the snow-clad peaks calling out to adventurers worldwide to enjoy the unique wildlife and spellbinding valleys. The nation also echoes the whispers of ancient civilisations through historical monuments spanning millennia.

Pakistan has not put its natural, cultural and historical assets to good use.

However, despite its cultural richness, historical significance, scenic beauty and heritage, Pakistan lags behind its Asian neighbours. The World Bank’s 2021 data shows tourism contributing to 12.6pc, 6.7pc and 4.6pc of GDP in Sri Lanka, Nepal and India respectively; Pakistan’s was 2.7pc. Remarkably, smaller Sri Lanka and Nepal have done far better than Pakistan in this sector.

Pakistan has not gone unnoticed in the global travel arena. In 2018, it was ranked as the top adventure travel destination by the British Backpacker Society and hailed as one of the world’s friendliest countries with awe-inspiring mountain landscapes. Forbes acknowledged Pakistan as one of the “coolest places” to visit in 2019.

The World Economic Forum’s Travel & Tourism Comp­etitiveness Report recognised Pakistan’s remarkable world heritage sites, placing it in the top 25pc globally. In 2020, Condé Nast Traveller honoured Pakistan as the ‘Best Holiday Destination’ and acknowledged its potential as an adventure destination.

Compared with other countries, if Egypt can earn $10.75bn in 2022 from tourism, and Thailand can earn $16bn from its extensive coastline, Pakistan too can capitalise on its historical sites like Mohenjodaro and the picturesque bea­­ches of Sindh and Balochistan. Global beach tourism alone reached $145bn in 2022, hi­­ghlighting the un­­derutilised coastline of Pakistan.

Pakistani archaeological sites, such as Hindu temples, Sikh sites, ancient Buddhist sites and Sufi shrines, have untapped potential to attract tourists from neighbouring countries and the global diaspora. Additionally, prehistoric rock carving sites and rugged forts like Ranikot Fort, which is known as a ‘mini China wall’, also offer unique experiences.

This potential does not need the additional crutch of government funding. The ever-hospitable and entrepreneurial nature of our nation will take care of showing the world the beautiful side of this most misunderstood and distrusted country.

Pakistan, strangely, falls in the category of hard-to-get visa countries. Opening doors to all types of tourism at least sounds better and less worrying than leasing out airports, seaports and other key national assets.

The writer is an expert on climate change and development, and founder of the Clifton Urban Forest, Karachi.
mlohar@gmail.com
Twitter: @masoodlohar

Published in Dawn, August 26th, 2023

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Why the hurry?

WE are a nation in a hurry. When we set out to do something, we do not plan and want the task done right away. In the case of a child’s education, this penchant for haste has a negative impact on the child as well as on society. There is, after all, an appropriate time for whatever has to be done. You cannot speed it up at will. I remember Dr Salimuzzaman Siddiqui, a renowned scientist, telling us that his experiments required him to mix various elements in a test tube and then wait for days to give nature time to do its work.

Unfortunately, our educationists believe they are exempted from complying with this basic law of nature. They blatantly disregard the psychological, mental and physical development of the child when planning school education. Often, children are expected to perform feats beyond their natural capability as their minds and bodies are still in the process of growing. Any activity forced on children prematurely harms them.

Some features of our education system go to absurd limits that are detrimental to children. For instance, why are our children required to squeeze their entire schooling into a period of 12 years? That presumes that children are ready for a job or for college at the age of 15/16 when they sit for their Matric exam. Yet Nadra deems a person to be an adult at age 18 when he can obtain his CNIC. In the West, children spend 14 years in school and graduate from school at 18.

Worse is the practice of burdening young children with work from the day they step into school. They are given homework and go to private tutors after school. Their daily work is so substantial that young children spend hours struggling with their studies. Testifying to the magnitude of their workload is the heavy schoolbag that school-going children have to carry with them.

Young children spend hours struggling with their studies.

Their workload does not allow the students time to play. Most schools give no importance to sports and physical exercise, regarding them as ‘luxuries’ that can be dispensed with. Most schools do not even have playgrounds in spite of the well-recognised fact that play should be an integral part of children’s education.

To ensure that they are learning, which is erroneously believed to be best for them, teachers are required to assess their pupils by holding tests and exams regularly. Exams are so frequent and rigorous that they become a nightmare for the children. All this is actually not needed. A good education system devises other ways of assessing young students’ progress.

Primary education should be designed to facilitate the child’s development, socialisation and confidence. In a way it is the preparatory phase. Studies should be in proportion to the students’ mental age. They should familiarise the child with school as a friendly and enjoyable place. Work should be interesting and not beyond the child’s understanding. The idea should be to prepare students for the heavier workload that awaits them in senior school. The aim should be to help a child realise her potential at her age through play and learning material while focusing on speaking, reading and writing skills, with understanding.

That is why it makes sense to begin a child’s schooling in her home language. Thus alone will a child explore, create and articulate her thoughts. Acquisition of knowledge from books should come later in high school. Another language should be taught after the child has acquired fluency in her own language. To determine when that should be introduced and how, requires experience and understanding of the child. A moderate approach always helps. When children are given challenging assignments before they are ready for them, they lose interest in their studies.

Pakistan’s scho­­ol system does not observe these gui­de­lines and has therefore spawned many evils. On the one hand, excessive competitiveness along with an absence of team spirit stresses many children. On the other are the youth who are disinterested in books and studies as these were forced upon them. That has also given rise to the rote learning culture.

Teachers are no longer the super-heroes of yesteryear as teaching is no longer their passion. It is a source of livelihood. If educators complain of children being undisciplined, they need to look at the teachers. Happy students enjoying their studies usually pose no problem. Teachers who are failing to perform are responsible for the malaise in our education system. Their absenteeism and the malpractices they allow as examiners are to blame. Wouldn’t these weaknesses in teachers give rise to intense emotional insecurity in the child? The adults of today were the children of yesterday. Their insecurity manifests itself in the political instability, corruption and economic uncertainty which grip the country today.

www.zubeida-mustafa.com

Published in Dawn, August 25th, 2023

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Dollar scales Rs315 in open market

KARACHI: While the inter-bank market managed to keep the dollar below the Rs300 mark, the greenback soared to a record high price of Rs315 in the open market on Wednesday.

While there may be a psychological barrier for the banking market since it is still under some kind of official influence, the open market seems to be taking advantage of the free market mechanism.

The dollar was traded up to a price of Rs315 during the day, but the Exchange Companies Association of Pakistan (ECAP) reported the buying and selling prices as Rs309 and Rs312, respectively.

The desperation was noted in the open market as the average buyer was purchasing dollars at all costs. Currency dealers said the increasing demand had pushed the price so high that it went beyond the red line set by the IMF.

The government had assured the IMF before the renewal of Extended Fund Facility in June that the difference between the rates in the two markets would not exceed 1.25 per cent.

The current differential is about five per cent.

Currency dealers argued that while the IMF was not in favour of interference in the currency market, the demand for keeping the differential at 1.25 per cent was in itself an interference.

The exchange companies contend that the open market is a reflection of prices in the inter-bank market, but the rise of dollar in open market belies this explanation.

The inter-bank market noted a further appreciation of dollar by 63 paisa to reach Rs299.64, compared to Rs299.01 the previous day. Currency dealers said the situation had not changed. The demand is high and backlog for clearance of previous imported containers was on long queue for dollars.

High public debt

The increasing dollar price is a serious cause of nervousness for the government as it has raised the public debt unexpectedly high. Former finance minister Ishaq Dar said in a recent tweet the devaluation of rupee had raised the public debt by Rs9.3 trillion in FY23.

“The struggle to keep the dollar below Rs300 won’t work. Within a few days the dollar will cross this line. This will happen because the demand is high and there are no inflows in the pipeline,” according to Atif Ahmed, a currency dealer in the inter-bank market.

Observers feel that uncertainty on the economic front is growing and the currency market is sensitive to political developments. A currency dealer who claims to know the mind of policy makers, said political uncertainty had made the common man desperate, leading to “dollarisation of the economy”.

Published in Dawn, August 24th, 2023

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Dollar scales to record high against PKR, closes at Rs300.2 in interbank

The US dollar ascended to a record high against the Pakistani rupee on Thursday, crossing the barrier of Rs300 to the greenback in the interbank market.

The greenback was changing hands in the interbank market at a record Rs300.2 at closing, according to the Forex Association of Pakistan. In the open market, the dollar was trading at Rs314.

Yesterday, the dollar closed at Rs299.64, according to daily data released by the State Bank of Pakistan. In the open market, it was traded up to a price of Rs315 during the day, but the Exchange Companies Association of Pakistan (ECAP) had reported the buying and selling prices as Rs309 and Rs312, respectively.

As the dollar continued its upward march today, analysts called for a “sound strategy” from the government to curtail the black market.

“The government and all stakeholders need to implement a sound strategy to eliminate the black market,” said Saad bin Naseer, director of financial data and analytics portal Mettis Global.

Naseer stated that it is very difficult to find the dollar in the interbank market however it was readily available in the open market at a “black [market] price”.

He added that the central bank’s policy to keep the interest rate at 23pc was “not helpful as individuals find it more lucrative to invest in the foreign [currency] market”.

Komal Mansoor, head of strategy at financial services platform Tresmark, stated that the local currency has depreciated every time during the tenure of the last five interim governments with an average of 6pc.

She added that the returning flows have dried up after the Haj and more than standard outflow has continued.

Forex Association of Pakistan Chairperson Malik Bostan warned against hoarding dollars in the hope that its price will increase further.

“Due to the increase in the dollar in the [inter]bank market, common people are also unnecessarily buying dollars in the hope that its price will increase further,” he said.

He added that the lifting of the bans on imports due to International Monetary Fund (IMF) requirements has added more pressure on the PKR.

Zafar Paracha, secretary general of the Exchange Companies Association of Pakistan, cited the resumption of non-essential imports as the primary reason for the steady decline of the rupee.

He also agreed with Bostan’s concerns, requesting people to avoid buying the greenback in an “already tumultuous time for the rupee”.

Paracha went on to say that “no one will come from the outside to save us, and neither will our politicians do anything”, stating that the people should face this together.

Open market desperation

The desperation was noted in the open market as the average buyer was purchasing dollars at all costs, according to a Dawn report. Currency dealers said the increasing demand had pushed the price so high that it went beyond the red line set by the IMF.

The government had assured the IMF before the renewal of Extended Fund Facility in June that the difference between the rates in the two markets would not exceed 1.25pc.

The current differential is about 5pc.

Currency dealers argued that while the IMF was not in favour of interference in the currency market, the demand for keeping the differential at 1.25pc was in itself an interference.

The exchange companies contend that the open market is a reflection of prices in the interbank market, but the rise of the dollar in open market belies this explanation.

High public debt

The increasing dollar price is a serious cause of nervousness for the government as it has raised the public debt unexpectedly high. Former finance minister Ishaq Dar said in a recent tweet the devaluation of rupee had raised the public debt by Rs9.3 trillion in FY23.

“The struggle to keep the dollar below Rs300 won’t work. Within a few days the dollar will cross this line. This will happen because the demand is high and there are no inflows in the pipeline,” according to Atif Ahmed, a currency dealer in the inter-bank market.

Observers feel that uncertainty on the economic front is growing and the currency market is sensitive to political developments. A currency dealer who claims to know the mind of policy makers, said political uncertainty had made the common man desperate, leading to “dollarisation of the economy”.

---

Additional reporting by Shahid Iqbal

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SC reiterates decision to resume hearing Imran’s Toshakhana plea after IHC ruling on his conviction

The Supreme Court (SC) reiterated its decision on Thursday to halt proceedings on a plea challenging the remand of the Toshakhana case to Additional Sessions Judge (ASJ) Humayun Dilawar — who convicted PTI chief Imran Khan in the case — until the Islamabad High Court’s (IHC) decision on another petition seeking the suspension of the former premier’s sentence.

On August 5, a trial court in Islamabad had convicted the PTI chief for “corrupt practices” in the case pertaining to concealing details of state gifts and sentenced him to three years in prison. The verdict means that he stands disqualified from contesting general elections for five years.

Imran had subsequently approached the IHC against his conviction. He had also approached the apex court against the IHC’s decision to remand the case back to the trial court judge who had convicted him.

A three-member SC bench, comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Mazahar Ali Akbar Naqvi and Justice Jamal Khan Mandokhail, had taken up the plea, with the CJP observing: “Prima facie, the decision by the additional sessions judge contains defects, but we will not intervene at this stage; rather wait for the outcome of the high court decision.”

The petitioner was behind bars since August 5 and his plea seeking suspension of the sentence was pending before the high court, therefore, “out of respect to the high court, we will wait for the decision in the matter”, the CJP said while dictating the order.

The IHC, which resumed hearing the plea for the suspension of Imran’s sentence earlier today, has adjourned the hearing until 11am on Friday (tomorrow).

The IHC and the SC were hearing the pleas submitted to them simultaneously today, with Latif Khosa appearing as Imran’s counsel before the top court.

During the hearing, the CJP observed that the IHC hearing was still under way.

“The high court is finding a solution in the matter. This is the beauty of our system.

“Let the high court’s decision come. We will hear the plea [filed in the SC] after that,” he said and adjourned the hearing until the IHC’s decision.

The SC also directed the attorney general for Pakistan to submit a report on Imran’s “living conditions in jail” by August 28.

During the hearing, Khosa complained about a policeman’s presence during one of his meetings with Imran in jail, at which the CJP asked him “not to say anything that is not on record”.

PBC takes issue with SC seeing ‘defects’ in Imran’s conviction

Earlier today, the Pakistan Bar Council (PBC) took issue with the apex court’s acknowledgement of “procedural defects” in the Aug 5 conviction of PTI Chairman Imran Khan, saying that there should be no “interference” in matters pending before the subordinate judiciary.

In its order issued after yesterday’s hearing, the SC noted that the trial court called the respondents (Imran Khan side) a number of times. Since neither the petitioner nor any of his authorised representatives were available, the trial court chose to commence hearing ex parte and awarded a three-year sentence to Imran.

The Sc observed that while recording his statement before the trial court under Section 342 of CrPC, Imran had expressed his intention of producing a defence witness, but the trial court on Aug 2 turned down the request, saying the witness was not relevant to the controversy.

The SC regretted that the trial court through its judgement had defied the IHC’s directions that it must first determine the question of jurisdiction as well as the maintainability of the case.

Commenting on the matter today, PBC Executive Committee Chairman Hassan Raza Pasha said that the main appeal against Imran’s conviction was not fixed before the SC.

“But yesterday’s remarks by the SC which we saw and heard, it seemed as if the whole appeal was decided, and we saw criminal jurisprudence changing,” he said.

“It seems as if there is no trust left in the honourable high court judges. They are also equally honourable and respectable judges, and are passing verdicts according to their conscience … it amounts to interference in the smooth functioning of the high court, appellate court,” Pasha said.

“What decision will the high court make?” he asked. He noted that the lawyers of a certain political party, an apparent reference to the PTI, were saying that the SC’s observations had amounted to an acquittal.

“So will it be inferred that he was acquitted due to the SC’s pressure? And if they don’t, which high court or subordinate judiciary can make a decision either way in light of these observations?” he asked.

He said that the PBC respected the SC and they did not want the court’s esteem to suffer. “There should be no interference in matters pending in the high court,” he said, adding that any interference was unfair to the other party in the case.

“We have seen that in other cases an order is issued, that we expect from the high court to decide the case in such and such manner … Yesterday, we felt that directions were given which should not happen. We, once again, say that no one should be prejudiced,” he said.

He noted that in the past the courts were called “Sharif courts”. “We don’t want the public and lawyers to call the courts by another name,” he said.

Pasha said that the judiciary should be apolitical and should function within the parameters of the law.

Responding to a question from a reporter, Pasha said that the PBC — which he termed the “highest statutory body of lawyers” — wanted the apex court’s respect and honour to remain intact.

“We think that we are also custodians of the Constitution. We talk about the Constitution so we want all matters to operate according to it,” he said.

Meanwhile, PBC Vice Chairman Haroonur Rashid said that the PTI chief had filed an appeal against his conviction in the Toshakhana case, which was still pending before the IHC.

“In that appeal, it has to be seen whether the conviction is right or wrong. That is the high court’s domain, and the SC’s observations from yesterday directly influence lower courts and high courts.”

He noted that high courts and lower courts were subordinate courts. He further said that if the two now issued a verdict according to what they deemed fit, it would seem as if they didn’t consider the apex court’s observation.

“So to give such an observation is not right, legally or ethically. Because neither an appeal nor a bail (plea) was pending before the honourable SC. The appeal and the plea will be decided by the high court.”

Rashid noted that the observations made by the SC yesterday were plastered all over the newspapers. He said that the SC had “assumed” it was hearing the appeal against the conviction.

“There is no matter pending before the honourable SC,” he said, as he also highlighted the council’s objections to SC benches. “We have said this before also that these benches are favouring a party,” he said.

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After changes to election law, CEC sees meeting with Alvi of ‘scant importance’

Chief Election Commissioner (CEC) Sikandar Sultan Raja on Thursday responded to the letter written to him by President Arif Alvi for meeting to “fix an appropriate date” for general elections, saying that participating in such a confab would be of “scant importance” after changes to the election law.

The president had written to Raja on Wednesday, inviting him for a meeting regarding holding general elections in the country.

In his letter, President Alvi quoted Article 244 of the Constitution, saying he was duty-bound to get the elections conducted in the 90 days’ prescribed period once the National Assembly is dissolved prematurely.

“Whereas, the National Assembly was dissolved on the advice of the prime minister by the president on August 9. Whereas by virtue of article 48 (5) of the Constitution of the Islamic Republic of Pakistan, the president is obliged to appoint a date not later than ninety days from the date of dissolution for the holding of the general elections,” the president’s letter said.

He quoted clause 5 of Article 48 as follows, “Where the president dissolves the National Assembly, notwithstanding anything contained in clause (1), he shall, appoint a date, not later than ninety days from the date of the dissolution, for the holding of a general election to the assembly; and appoint a caretaker cabinet in accordance with the provisions of article 224 or, as the case may be, article 224A.”

On Feb 20, President Alvi had unilaterally announced April 9 as the date for elections to the Punjab and Khyber Pakhtunkhwa assemblies as the PTI governments had dissolved the two legislatures before the expiry of their five-year term on the orders of party chairman Imran Khan. The president’s unilateral announcement had come after his invitation for consultations on dates for elections to the two assemblies had been turned down by the Election Commission of Pakistan (ECP).

However, the situation has changed now, as under recent amendments to election laws, the CEC has been empowered to fix the date for polls without the president’s input.

In the letter addressed to the president today, CEC Raja said it was “imperative” to point out that Section 57 of the Elections Act had been amended due to an act of Parliament, which had empowered the commission to “announce the date or dates for the general elections”.

“Where the president dissolves the National Assembly, in his discretion, as provided in Article 58(2) read with Article 48(5) of the Constitution then he has to appoint a date for the general elections. However, if the assembly is dissolved on the advice of the prime minister or by afflux of time as provided in Article 58(1) of the Constitution, then the commission understands and believes that power to appoint a date or dates for elections rests exclusively with the Commission.

“The commission believes with utmost respect that the reliance placed on the provisions of the Constitution mentioned on your subject letter are not applicable in this context,” Raja’s letter said.

The CEC said that the delimitation of constituencies, after the approval of the digital census, was one of the “foundational legal steps” towards holding polls.

Raja said that the ECP was taking its responsibility of holding general elections in the country “very seriously” and had also invited major political parties to give their views on the electoral map.

“Notwithstanding the declared position of the commission referred herein above. it is stated with all reverence that the commission holds the office of the president in high esteem and it has always been an honor to meet and seek your kind guidance on national issues at an opportune time.

“In view of the above, the commission is of the considered view that participation in the meeting would be of scant consequence,” Raja said.

Later, the Presidency said on X (formerly Twitter) that it had sought the law ministry’s advice on the CEC’s letter.

“The Presidency has asked for advice on the Election Commission of Pakistan’s stance that only it had the authority to decide the election date,” the statement on X said.

ECP begins consultations with political parties

Separately, the ECP began consultations with political parties on matters pertaining to general elections today.

The consultations begin a day after the ECP sent identical letters to four political parties, inviting them to discuss the electoral roadmap, the delimitation of constituencies, updating electoral rolls, conduct of general elections, schedule for elections and other related matters.

The ECP met the representatives of the Jamiat-Ulema-i-Islam-Fazl (JUI-F) and the PTI today and later shared the details of the interactions in an official statement.

The statement said the PTI stressed the importance of conducting the elections within 90 days of the dissolution of the National Assembly on August 9 — which is the constitutionally mandated period for organising elections.

However, the ECP has already ruled out the possibility of elections within this timeframe following the notification of the 2023 digital census, citing the requirement for fresh delimitations of constituencies.

The ECP said last week the process of fresh delimitation of national and provincial assembly constituencies was expected to be completed by December 14 — over a month beyond the constitutionally mandated deadline for conducting general elections.

However, the PTI was of the view during today’s meeting that fresh delimitation was not a necessity, the ECP statement said, adding that the party “also emphasised the need for a level-playing field [for itself] in the electoral competition, similar to what other political parties are provided”.

It also called for the prompt release of incarcerated party leaders, the statement said.

For its part, the JUI-F advocated for the prioritisation of delimitation procedures, the statement added.

“The JUI-F delegation urged the ECP to complete the delimitation process ahead of advancing further, ensuring a seamless experience for all political parties, candidates, and voters in the forthcoming elections.”

The ECP stated that both delegations were given assurance that the commission was committed to ensuring that elections were held at the earliest possible time and a level-playing field for all political parties.

Following the JUI-F’s meeting with the ECP, party leader Maulana Abdul Ghafoor Haideri said while speaking to the media that their emphasis was on timely elections but fresh delimitation was also necessary.

Meanwhile, PTI’s Barrister Ali Zafar told journalists that the meeting was held in an amicable atmosphere. He said his party conveyed its stance to the ECP that the commission lacked the authority to conduct delimitations without a constitutional amendment as two of the chief ministers who participated in the Council of Common Interests meeting that approved the new census were caretakers.

Moreover, he added, the PTI also raised the question of how would a level playing field be ensured in the elections when the party chief was in jail.

Later in a post on X (formerly Twitter), PTI leader Ali Muhammad Khan said that the party had brought up several matters during the meeting, foremost among them being their request for the elections to take place within the stipulated 90-day timeframe following the dissolution of the assemblies.

He further revealed that the PTI also strongly urged for permission to engage in political activities. Khan articulated, “It is vital that overseas Pakistanis are granted their rightful participation in the political process.”

He added that the party also called for an “enabling environment” to ensure free and fair elections.

The ECP is set to hold a meeting with the PML-N tomorrow and with PPP on August 29.

CEC meets US envoy

Separately, US Ambassador to Pakistan Donald Blome held a meeting with the CEC to “reaffirm the United States’ support for free and fair elections conducted in accordance with Pakistan’s laws and constitution”, according to a statement by a spokesperson from the US Embassy.

“The ambassador reiterated that choosing Pakistan’s future leaders is for the Pakistani people to decide, and that the US remains committed to working to broaden and deepen the US–Pakistan ties with whomever the Pakistani people choose,” the statement said.

Responding to the meeting via X, PTI spokesperson Raoof Hasan highlighted that the interaction between the US envoy and the CEC, whom he alleged “has consistently defied the constitution and the laws that stem from it,” was being viewed with a sense of concern.

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Education trap

POWER dynamics in society influence the impact of education on social mobility, cohesion and equality. Power dynamics, especially in authoritarian societies, significantly shape the societal ecology and formal education system. Cristina Groeger’s book Education Trap challenges the notion that access to education combats poverty and fosters social equity, as education has evolved into a form that, sadly, ‘legalises’ social inequalities.

An education system is the product of a distinctive set of historical, political, social, cultural and economic features, and schools coexist with these. Education entails all the experiences individuals observe or are a part of in society; schooling, on the other hand, is a designed set of processes and experiences for different age groups to attain specific learning standards.

The objective of learning stems from the relevance, interests and curiosity of learners, which are compromised in polarised societies. Power centres influence school-level learning experiences to maintain class segregation. Public and elite private schools present stark differences in resources, curricula, learning environments, and pedagogy. There are distinct aims for each: to produce future leaders for the latter and obedient citizens for the former. Likewise, religious education contributes to their representation in the power structure.

One may argue that the Single National Curriculum and a rebranded Pakistan National Curriculum are remedies to class-based education, but they, in fact, fuel it further. They cannot be equally implemented across the country with well-equipped schools on the one hand, and those with one room on the other. The curriculum needs to be responsive to diversity, and the country must have a variety of curricula along with certain core areas, as seen in successful education systems elsewhere in the world.

Learning is closely linked to social status and power.

In a stratified education system, devised along vested interests, we must determine whether or not the policy of enrolling every child in public schools is a mirage.

The lack of access that justifies the construction of new buildings and campuses to increase capacity and employment opportunities is detrimental to quality. In the calculation of the ruling elite, brick-and-mortar projects, that are visible, will win them plaudits. The recent approval of a law to build a number of new universities is a relevant example. This occurs at a time when universities’ research capability and knowledge capital are in question, the faculty of existing institutions are denied salaries, and scandals of mismanaged universities are surfacing one after the other. Redundant curricula, outdated pedagogy, and an environment where students cannot participate meaningfully are the hallmark.

We need to think more about how to facilitate learning in schools. We have narrowed down learning to earning, and high expectations from schooling include economic well-being as a return on investment from parents. Despite education traditionally being described in spiritual terms, it has turned out to be more material in practice and closely linked to social status and power.

It is obvious that the recent spike in living costs will result in higher dropout rates. Our traditional response would be alternative learning pathways and tuition options to speed up the graduation process. The current price hike is dragging the middle class into poverty and parents may be unable to afford even alternative pathways for their offspring. They would rather engage them in businesses to earn a living because a job after graduation is not guaranteed.

Responsible for poor education is also the teachers’ incapability, as we attract less qualified individuals to the profession. We also find a great deal of professional stratification, where teaching is not seen as a worthy career. Teachers hardly feel comfortable introducing themselves as such, whereas professionals in other sectors with the same or even lower rank have personalised vehicle number plates and roam around with security protocol. The system mostly favours graduates of English-medium institutions.

Education for social development must be about quality. It must be equitable. It should not be a tool for oppression and dominance by the elite. It is about strengthening the broader social system and opening up avenues for learning and making choices to empower everyone. It is not about making the masses obedient creatures, serving the interests of the elite. We should not forget that most of our population comprises the youth, who are vulnerable to knowledge deficit because of an impoverished system of education. That is even more serious than a sovereign default, as without an educated youth, there is no way of escaping our grim condition.

The writer is an educationist.

Published in Dawn, August 24th, 2023

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A split world

FOR three long decades, the world appeared to be moving towards greater interconnectedness. Trade ties between countries increased and pointed towards improved political stability. If emerging powers needed the consumer markets of existing superpowers in order to survive, it suggested that neither could afford a protracted war. This status quo of an integrated world now appears to be dissolving before our very eyes.

This time, the alarm was sounded by IMF chief Kristalina Georgieva. She would know; not only does she have an inside view of the cumulative health of the world’s struggling economies, her own experience, too, makes her particularly sensitive to early signs of want. Georgieva, who is 70 now, grew up behind the iron curtain in Sofia, Bulgaria. While neither of her parents belonged to the Communist Party, they were still caught up in the extremely restricted world that existed at that time under the shadow of the Soviet Union over East Europe. According to her, “things were cheap but not available”. Her latest remarks came just after US President Biden announced a partial ban on American investment in China in sectors that could be used for military applications.

While the strained ties between the US and China is one indicator of a world moving farther apart, so too is the war in Ukraine. Recent US intelligence estimates, along with expert analysis, suggest that Ukraine, whom the US and Nato have championed, is unlikely to recover all the territory that it had prior to the Russian invasion. The fact that this is true despite the billions of dollars in weaponry and training that the US has provided is likely to affect the future of American aid to the country. In the meantime, not only can Vladimir Putin declare this a victory, he is also unlikely to withdraw from the country until after the results of the US election of 2024 are known. If former US president Donald Trump is the Republican Party’s nominee (as it appears he will likely be), then Putin has a 50 per cent chance of a friend in the White House and an opportunity to not only keep whatever bits of Ukraine he has captured but also to likely grab much more than that.

Aid makes countries like Pakistan dependent for as long as Western countries make it impossible for them to compete fairly in the global market.

It is unlikely to happen but that result, while terrible for Ukraine, would suggest a less fragmented future for the world. The more likely outcome is pockets of the world finding themselves forced to choose loyalties between the US and China. This will be terrible for countries like Pakistan who would like good relations with both. Failure to listen and act on what Washington wants will expose it to the risk of losing access to funds that Pakistan and other developing economies need in order to function.

Pakistan is not alone; countries like Argentina, Ghana, Sri Lanka and many more are highly leveraged and owe a huge debt to international institutions. While China has invested billions in infrastructure projects to developing countries, its dependence on a weak yuan means that in economic terms it would not be able to overtake the dollar. This conveys a huge benefit to the US because it allows the dollar to remain the world’s principal reserve currency. The US can literally print money when more dollars are needed.

Given these realities, it is not surprising that the IMF chief is feeling dismal about the world’s prospects. Having to choose between China and the US will promote its own sort of extremism as economies who need the assistance of both countries to survive the current post-Covid slowdown continue to struggle. Investors, too, may have to choose between one or the other. This does not bode well for China whose lack of transparency is likely to deter investors who feel that the lack of the rule of law may limit their ability to recover funds, etc, in the event of a dispute.

At the end, this is a reminder of the adage that beggars cannot be choosers. A lot of political debate in Pakistan suggests that the choice of allies is a product of ideological allegiances. Many think that turning away from the US suggests a greater commitment to decolonisation and autonomy. However, the fact is that the global economy makes it nearly impossible for struggling economies with high levels of debt to make very many independent choices.

Aid makes countries like Pakistan dependent for as long as Western countries make it impossible for them to compete fairly in the global market. Independent decisions by struggling economies will only be possible if Western countries stop subsidising their industries to protect their own companies. When American wheat sells for less than Pakistani wheat because the American farmer is protected by subsidies and can sell below the market price, the premise that the world functions along the lines of free market capitalism is exposed as a lie.

The prospect of darker times to come seems almost unbearable in times that already appear dismal. And yet, that is just where the world appears to be headed. If the poor in US cities are taking to looting expensive stores and shoplifting complaints have risen exponentially, imagine the fate of the poor struggling Pakistani aghast at the insane rate of inflation in the country. The split world is materialising before our eyes and it threatens to tear up lives, countries and much more. The perilous economic condition in which Pakistan finds itself is going to make it even more dependent on international financial institutions like the IMF as the already squeezed populace suffers ever greater privations. The most dangerous people are those with nothing left to lose, and it appears more and more that Pakistanis might end up in that category.

The writer is an attorney teaching constitutional law and political philosophy.
rafia.zakaria@gmail.com

Published in Dawn, August 23rd, 2023

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Elderly man killed after unprovoked firing by Indian army in Kotli along LoC: ISPR

A 60-year-old man was martyred on Monday when the Indian army opened “unprovoked firing” at the Line of Control (LoC) in Kotli’s Nikial sector, according to a statement from the military’s media relations wing.

The Inter Services Public Relations (ISPR) statement issued today said the elderly man was a resident of Kotli district’s Oli village, adding that three women cutting grass in the fields were “traumatised” as well.

“This blatant Indian aggression is a clear violation of existing ceasefire understandings,” the ISPR said, adding that Pakistan desired peace and tranquillity at its borders, but, would take all “necessary measures” to protect the life and property of its citizens.

The ISPR warned that “any misadventure against people of Pakistan will be befittingly responded at the time and place of our choosing.”

In June, two civilians embraced martyrdom while one other was injured as the Indian Army opened “indiscriminate fire” at a group of shepherds at the LoC.

In its statement, the ISPR had said: “Driven by a newfound geo-political patronage, Indian forces have embarked on a plan to take innocent lives to satiate their false narratives and concocted allegations.”

The Foreign Office had also summoned the Indian charge d’ affairs to register Pakistan’s protest and condemn the incident.

In May, Indian troops had shot dead a 25-year-old inadvertent crosser from Azad Jammu and Kashmir (AJK).

Earlier on May 15, a 65-year-old wi­­dow from the Pandu sector of AJK’s Jhelum valley dis­trict was also mercilessly killed by the Indian army after she had strayed across the LoC while picking some medicinal plants.

The Line of Control

In February 2021, both countries had recommitted themselves to the 2003 ceasefire arrangement at the LoC and agreed to address the “core issues” that could undermine peace and stability.

The surprise announcement had been made in a joint statement by the militaries of the two countries on a “hotline contact” between their director generals military operations.

Hotline contact is one of the oldest military confidence-building measures between Pakistan and India. The hotline contact was originally established in 1971, but its use followed ups and downs in the relations.

Pakistan and India had in November 2003 agreed to cease fire along the LoC and the Working Boundary. The agreement held for a few years, but regular violations have occurred since 2008.

A sharp spike in truce breaches was witnessed since 2014 when Prime Minister Narendra Modi came to power in India. In 2020, the Indian troops committed over 3,000 ceasefire violations in which 28 people were martyred.

In February 2019, both countries came close to a significant confrontation when Pakistan Air Force had shot down two Indian planes that had violated Pakistani airspace.

One of the Indian pilots was captured by Pakistan but was later handed over as a gesture of peace.

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Spain defeat England in final of record-breaking FIFA Women’s World Cup

Spain defeated England 1-0 in the Women’s World Cup final on Sunday, capping off a tournament that has broken attendance and TV records and raised hopes of a surge in interest for the women’s game.

Co-hosted by Australia and New Zealand, the ninth edition of the global showpiece event was the first to be held in the southern hemisphere.

While local interest ebbed when Australia exited in the semi-finals, just shy of two million fans will have passed through the gates in nine host cities after Sunday’s final crowd of 75,784 is added to the tally.

An Olga Carmona goal was the difference between the two sides in a pulsating game that saw Spain create the majority of the clear-cut chances.

“We suffered, it was a difficult match [but] we always thought we were going to make it,” Carmona, who was also named player of the match, told Spanish state broadcaster TVE.

La Roja were rocked by a locker room dispute between the squad and coach Jorge Vilda and the Spanish football federation, with some of their best players absent from the tournament as a result.

But despite a shock 4-0 loss to Japan in the group stage, the team has shone throughout the tournament with their brand of attractive, attacking football.

“I can’t imagine how much excitement there will be in Spain,” Vilda told TVE.

“We are going to celebrate here and we don’t know when it will end.”

Festival atmosphere

Thousands of fans milled around Stadium Australia in Sydney hours before kick-off on Sunday, with troupes of drummers and stilt walkers creating a festival atmosphere.

England and Spain were both making their first appearance at a Women’s World Cup final, while England’s wait for a first trophy since the men’s tournament in 1966 goes on.

Women were banned from official facilities in England, the home of the game, until 1970 and have long lagged the men’s team in interest and funding, although that began to change after the Lionesses won the European Championship last year.

England captain Millie Bright told reporters after the final whistle she was proud of the progress the women’s game had made.

“Credit to the tournament, it’s been phenomenal, the crowds that we’ve generated and the support that all teams have and it’s been surreal, it’s been so visible,” she said.

“In terms of the women’s game … I definitely think we’re at our peak.”

Matilda mania

Australia’s semi-final loss to England on Wednesday drew an average of 7.13m viewers on the channels of local broadcaster Seven Network, the highest viewership ever recorded by research firm OzTAM, which launched in 2001.

Matildas — the official nickname for the Australian team — matches sold out months in advance, and organisers expect the average attendance to exceed 30,000.

The last Women’s World Cup in France four years ago attracted more than 1.1m fans to 52 matches with an average crowd of 21,756.

Demand was weaker in New Zealand, whose team went out in the group stages. FIFA gave away thousands of tickets and some games attracted as few as 7,000 fans, although White Ferns matches broke records for a football crowd in the country.

Funding gap

Australia’s players, who lost 2-0 in a third-place playoff match to Sweden on Saturday, will earn $165,000 each in prize money for this tournament, more than 300 times the A$750 ($480) they received for a quarter-final appearance in 2015.

But at the grassroots level, the sport needs more resources, Matildas striker Sam Kerr said after the loss to England on Wednesday.

“We need funding in our development, we need funding in our grassroots,” she said.

“We need funding, you know, we need funding everywhere.”

The Matildas’ World Cup campaign has led to calls for more support for women’s football in Australia, where it lags behind more popular football codes like rugby league and Australian rules.

Australian Prime Minister Anthony Albanese responded on Saturday by promising A$200m for women’s sports in the wake of the Matildas’ run to the semi-finals.

Albanese said the money would be used to improve sports facilities for women and girls, with football tipped to receive “significant resourcing”.

The government also wants to ensure women’s sporting events are available on free-to-air television, after criticism that most World Cup games not involving Australia were behind a paywall.

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Jaranwala limps back to normalcy

TOBA TEK SINGH: Some semblance of normalcy started to return to the blighted town of Jaranwala, whose streets are still littered with debris and ashes left behind by the mob violence perpetrated against Christian churches and homes earlier this week.

Meanwhile, two Christian brothers accused of desecrating the pages of the Holy Quran were remanded into police custody, even as Supreme Court judge Justice Qazi Faez Isa visited Jaranwala to express solidarity with the Christian community.

On Saturday, shops and markets reopened after three days, while contingents of police and Rangers personnel continued to patrol the area as Christians who had fled their homes on Wednesday started to return to pick up the pieces.

The district administration has also claimed that work to repair damaged churches and houses has been started by the buildings department.

Police get two-day physical remand of Christian brothers accused of blasphemy; Justice Isa visits blighted town, meets victims

The gas, power and water supply to the area has also been restored.

The provincial communication and works secretary, retired Lt Sohail Ashraf, said reconstruction and rehabilitation of homes and properties belonging to Christian families has started, while an assessment of the damaged residences and churches were also underway.

According to a damage assessment report submitted to the Punjab government by the Jaranwala tehsildar, 19 churches and 86 houses were vandalised and set on fire during the rampage.The two Christian brothers presented before the judicial magistrate were booked under sections 295C and 295B of the Pakistan Penal Code for allegedly committing blasphemy, after which a mob attacked Christian communities’ homes and churches.

The judicial magistrate also granted a two-day physical remand of Bashir Maseeh alias Bashira (produced along with the brothers), but officials did not share the charges against him with the media.

Justice Isa’s visit

Meanwhile, Justice Isa visited Jaranwala along with his wife Serena Esa to express solidarity with the Christian community whose homes and churches were burnt down on Aug 16.

“I am here as a citizen of Pakistan and it is everyone’s duty to help you,” he told victims who were visibly devastated and crying over the loss of their homes and belongings.

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Speaking to the victims, the chief justice-designate said what happened in Jaranwala was “a blatant violation of law and Constitution”.

He told the Christian community that they had equal rights to practise their religion as everyone else.

“If anyone attacks churches, it is the responsibility of Muslims [to catch] the attackers,” he said, adding Christians have as much right to build churches as Muslims have to build mosques.

Justice Isa and his wife gave money to some victims and distributed food packages which he acknowledged were akin to a “drop in the ocean” compared to their losses.

“We want others to do the same,” he added. “Who has the greatest responsibility? [It is] Muslims’. They should help you.”

He also inspected the burnt houses and churches.

Talking to the Faisalabad deputy commissioner, Justice Isa regretted that three days have passed since the rampage but streets were still littered with debris and repair works on burnt households hadn’t started.

Separately, in a statement issued after his visit, the judge quoted verses from the Holy Quran and said Muslims were told to fight against those who harmed churches.

He highlighted that faith in the Prophet Isa (Jesus Christ) was one of the principles of Islam and recalled events from history where Muslim religious leaders had shown respect to Christianity.

The SC justice further stated that under Articles 295 and 295-A of the Constitution, a person who “hurt the religious sentiments of anyone” was liable to be punished.

Multi-faith presser

Separately, Pakistan Ulema Council Chairman Hafiz Tahir Mahmood Ashrafi also visited the area and addressed a press conference with Bishop Azad Marshall, Archbishop Sebastian Francis, Bishop Leo Roderick and Reverend Immanuel.

Mr Ashrafi denounced the violence and said he had never seen such horror.

“Pakistan is not only for Muslims but also for minorities,” he said during the press conference at the assistant commissioner’s office.

The Punjab police have also posted under-training women ASPs in the relief camp set up for Christian families.

The female officers met with the victims and assured full security and cooperation.According to the Punjab police chief, two female ASPs will perform duty in Jaranwala until the rehabilitation and construction of the affected houses.

Published in Dawn, August 20th, 2023

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18 killed as passenger bus catches fire after collision near Punjab’s Pindi Bhattian

At least 18 people were killed on Sunday after an passenger bus caught fire after colliding with a pick-up laden with drums of diesel on the motorway near Pindi Bhattian.

Hafizabad District Police Officer (DPO) Dr Fahad Ahmad told Dawn.com that the passenger bus was headed to Islamabad from Karachi, adding that the accident occurred at 4:30am.

The DPO said that the passenger bus had collided with the pick-up truck, which caused the former to burst into flames. He said that the drivers of both vehicles were killed in the accident.

He said that the seriously injured, some of whom were critical, were being shifted to a hospital in Faisalabad.

A statement issued by the National Highways and Motorway Police (NHMP) said that timely action was taken and 15 passengers were safely evacuated. The dead and injured passengers were shifted to the hospital, it said.

NHMP further said that Inspector General Sultan Ali Khawaja also visited the scene of the accident and oversaw relief work. He also expressed grief over the lives lost in the accident.

A separate statement issued by the NHMP spokesperson quoted IG Khawaja as saying that an inquiry had been initiated. “According to initial investigations, the accident occurred due to the bus driver’s negligence,” he said.

The IG further said that the relevant commander and night patrolling officer had been suspended. “Strict action will be taken against those responsible for the accident,” he said.

The NHMP statement also quoted Deputy Inspector General (DIG) Muhammad Saleem as saying that an inquiry committee had been formed to take departmental action. “The inquiry committee will submit its report in 24 hours,” the DIG said.

Separately, an official statement issued by Edhi said that officials were facing difficulty in identifying the dead bodies due to the extent of their burns. It said that identifying the bodies would only be possible after conducting a DNA test.

Later, Punjab caretaker Transport Minister Ibrahim Murad expressed grief in a statement on the loss of 18 lives in the accident and extended condolences to the bereaved.

He said those responsible for the deadly accident would be taken to task after an investigation.

The interim minister said 33 passengers were travelling in the ill-fated bus and the 12 injured among them were being provided with the best possible medical facilities.

He lamented that “bus company owners do not ensure the fitness of their vehicles in the country” and emphasised the need for a strategy to prevent the entry of “unfit vehicles” in Punjab and other provinces.

Meanwhile, Radio Pakistan said that Interim Information Minister Murtaza Solangi expressed sorrow over the bus accident. He stressed the need to determine the reasons behind the accident in order to avoid the same in the future.

The minister also prayed for those killed in the accident.

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Khyber Pakhtunkhwa’s new interim cabinet takes oath

Khyber Pakhtunkhwa’s new 12-member interim cabinet, comprising nine ministers and two advisers and a special assistant, was sworn in on Saturday.

Governor Ghulam Ali administered the oath in a ceremony held at the Governor House. It was attended by KP caretaker Chief Minister Mohammad Azam Khan and others.

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The ministers include Syed Masud Shah, Barrister Feroze Jamal Shah Kakakhel, retired Justice Irshad Qaiser, Ahmad Rasool Bangash, Asif Rafiq, Dr Najeebullah, Dr Mohammad Qasim Jan, retired Justice Arshad Hussain Shah and Syed Aamir Abdullah.

Dr Riaz Anwar and Dr Sarfaraz Ali Shah will be advisers to the CM, while Zafarullah Khan will be a special assistant to the CM.

Today’s swearing-in ceremony comes a day after the governor accepted a summary regarding the new cabinet appointment sent to him by CM Khan.

On Aug 10, 19 members of the previous caretaker cabinet tendered their resignations to the CM over their purported involvement in politics. The other six members stepped down the next day.

The CM asked them to hand over their resignations to him over a cup of tea and they complied instantly.

Sources said at least two cabinet members “resisted” the CM’s directives to quit insisting they were neither involved in politics nor did they hold any political gatherings.

The exodus came after caretaker minister Shahid Khattak resigned on July 24 citing personal commitments as the reason. Earlier, he addressed a public meeting organised by the Awami National Party.

The minister’s presence at a political gathering evoked a strong response from the Election Commission of Pakistan on July 23. He stepped down a day later.

On July 31, the ECP wrote a letter to the caretaker CM saying that his government is bound by Article 218(3) of the Constitution to organise and conduct elections in a free, fair, transparent and impartial manner. The ECP asked Mr Khan to sack all his cabinet members involved in politics.

On Aug 12, Governor Ghulam Ali accepted the resignations of 14 ministers and 11 aides to the CM, including six special assistants and five advisers.

The new cabinet

Masud Shah, Mr Kakakhel, retired Justice Qaiser and Dr Anwar were part of the last caretaker cabinet as well.

Retired Justice Qaiser, who belongs to the Hazara division, is the former chief judge of the Gilgit- Baltistan Supreme Appellate Court, who held that office from 2019 to 2022. He has also served as the deputy attorney general for Pakistan.

Mohammad Qasim Jan is an education expert, while Zafarullah is a retired police officer.

Dr Najeebullah, a PhD from the University of Cambridge (Department of Material Science) is the founding director of the US-Pakistan Centre for Advanced Studies in Energy.

He has also served as the project director of the University of Engineering and Applied Sciences, Swat, and worked as a consultant with the UNDP and developed a 10-year energy plan for the erstwhile Fata.

He also served as a consultant and country expert with Tufts University Boston on the “Chinese overseas investment in renewable energy projects through the Belt and Road Initiative.”

Currently, Dr Najeebullah is working as a member (Science, Technology and ICT) at the Planning Commission of Pakistan and looks after the development portfolio of science and technology, information technology and higher education ministries.

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Additional reporting by Umer Farooq and Arif Hayat

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