Cities left behind

EVERY year, thousands of tourists visit the ruins of the Italian city of Pompeii. This city, which sits at the foot of Mount Vesuvius, was destroyed by a volcanic eruption in 79 AD. The vegetation that covered the mountain had hidden some of the signs of the oncoming eruption but eventually the rivers of molten lava began to flow into the city.

Even then, many of the city’s inhabitants did not leave. Most of those people would perish as the volcano erupted and the ash and fiery lava covered everything.

One reason that the ruins of Pompeii still attract so many people so many centuries later is because many of the people whose corpses were found in Pompeii were ‘frozen’ in the positions in which they died. There are crouching and cowering women and children, people trying to get away, people with their belongings.

This provides a picture of the crisis unlike that provided by any other city — it shows why this one city was destroyed and abandoned. People who visit the ruins can clearly envisage the last moments of the living city. After those moments, the city as it once was died, never to live in that form again.

In fact, many cities die. But in several cases, there are no definitive answers as to why they were abandoned or left behind. One such city is located in the American Midwest, just east of the contemporary city of St Louis in the state of Missouri.

Driving on Interstate-70, all that can be seen of the city is a series of mounds. These mounds were created by the inhabitants of the ancient city of Cahokia which was established around 700 AD and had grown in prominence by around 1050 AD. While it would be impossible to tell now, at its height the city was said to have rivalled London or Paris.

Unlike Pompeii, it is not exactly known what happened to Cahokia. It is said that when the city was at its peak the mound-like structures that still remain, housed markets, temples and space for all sorts of rituals. It was home to nearly 20,000 people, making it one of the most populous of its time.

The culture was rich and there is evidence of beautifully sculpted vessels and statues made of clay. Farmers were responsible for maize cultivation. And yet 200 years after the city was at its peak, it declined and was eventually abandoned.

No one knows whether Gaza City will live again. However, witnesses will know why and how this particular city was razed to the ground.

One of the many theories as to why Cahokia was abandoned was that the people who lived there cut down too many trees from the adjoining farmlands. It was theorised that, as a result of the deforestation, there was nothing to prevent the area from repeated flooding and consequent devastation.

However, recent research published in National Geographic revealed that the soil around the mounds was not disturbed all the way until the 1800s. This meant that there was no significant deforestation by the Native American population.

It turns out that the Western researchers who had been analysing the mounds had just imposed their own understanding of the human relationship with nature on the question of why Cahokia was abandoned.

It is far more likely that the city declined gradually because of conflicts among the elites and some natural phenomena, and so on.

It is only natural to reflect on these cities of long ago at a time when the whole world is witnessing the deliberate devastation in Gaza City and other parts of the Gaza Strip by Israeli bombing. No one knows whether Gaza City will live again.

The mass trauma of the hundreds of thousands of Palestinians who have suddenly been displaced or have become homeless while the world looked on is simply unimaginable. However, our generation of witnesses will know why and how this particular city was razed to the ground.

These are stories of cities that were literally devastated. But, there does not have to be an actual destruction or even ruination of a city for it be lost forever. In a live performance that famous ghazal artist Tina Sani gave in Kathmandu, she prefaced her performance of one of Faiz Ahmed Faiz’s poem with a wistful remembrance of Karachi as it was in the 1960s.

The city has changed so much she noted, too many of the people who made it what it was have gone. The poem is Kuch Pehlay Inn Ankhon Aagay (before my eyes a little while ago)

Tina Sani’s words and Faiz’s poem remind one of the fact that cities can be lost when the people that make them leave, or even when one leaves oneself. It is often said that one does not step into the same river twice — this could also be said about cities. Once a city is left behind, the passage of time ensures that one does not step into that city again.

Immigrants recount this phenomenon again and again when they return to the cities they once lived in after a long period of time. In their minds, the frozen city that they left behind, one they reference repeatedly in their mind’s eye, is more alive than the actual version of that city as it actually exists.

Many of them find that returning to these cities after a long time is a disconcerting and even an unpleasant experience. The city they once knew is gone, or at best bears only a passing resemblance to the one they had left behind.

Comparing its present is a difficult reminder of the truth that the city that they loved is a thing of the past and will never live again or at least not once it no longer lives in their heart.

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

Published in Dawn, November 29th, 2023

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Islamic banks brace for minimum deposit rate

KARACHI: Share prices of Islamic banks took a beating on Monday, thanks to Finance Minister Dr Shamshad Akhtar’s recent statement that customers are getting short-changed by Sharia-compliant lenders by way of insufficient returns on deposits.

Speaking to a TV host, Dr Akhtar said the State Bank of Pakistan (SBP) should review the issue of minimum deposit rate (MDR) — a provision that Islamic banks are currently exempted from.

With every new finance minister in Islamabad comes a fresh wave of measures aimed at shifting money from the bottom lines of banks to the national exchequer. But for the first time in many years, there’s a proposal on the cards that, if adopted, will transfer money from (Islamic) banks to customers.

Back in 2008 when the current finance minister held the position of SBP governor, the regulator directed banks, including Islamic ones, to pay minimum profit rates on savings accounts. Even though Islamic banks were exempted from the provision in subsequent years, conventional banks are still required to pay a certain rate on all savings accounts.

The MDR is 150 basis points less than the prevailing benchmark interest rate. In other words, every conventional bank is bound to pay an interest rate of 20.5 per cent to its savings account holders as long as the key interest rate remains 22pc.

According to Arif Habib Ltd analyst Sana Tawfik, Islamic banks have been exempted from this requirement to promote Sharia-compliant banking in the country.

Among the three full-fledged Islamic banks listed on the Pakistan Stock Exchange (PSX), the proportion of savings deposits in their total deposits stood at 40pc for Meezan Bank Ltd, 42pc for Faysal Bank Ltd and 25pc for BankIslami Pakistan Ltd at the end of the September quarter, according to Ms Tawfik.

A sensitivity analysis conducted by her brokerage showed that a 1pc increase in the cost of savings deposits will reduce the earnings per share of Meezan Bank Ltd by Rs2.27, Faysal Bank Ltd by Rs1.35 and BankIslami Pakistan Ltd by Rs0.53.

A research report written by JS Global Head of Research Amreen Soorani stated that Islamic banks are currently offering savings rates that are between seven and 9.5 percentage points lower than the MDR offered by conventional banks.

“The recent sharp rise in interest rates has widened the said spread, which used to range between 300-500 basis points previously,” she said.

However, a lender like Meezan Bank Ltd with an outsize market share within the Islamic banking industry is expected to successfully counter the negative impact of the MDR for a host of reasons, she said.

For instance, it’ll be able to mobilise higher deposits by offering the same returns that are being offered by its conventional peers. “This would likely boost the volumetric growth of the bank’s deposit base,” she said.

Published in Dawn, November 28th, 2023

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IHC adjourns Nawaz’s appeals against convictions in Avenfield, Al-Azizia references till Wednesday

The Islamabad High Court (IHC) on Monday adjourned the PML-N supremo Nawaz Sharif’s appeals against his convictions in the Avenfield Apartments and Al-Azizia references till Wednesday (November 29).

In July 2018, as the then-prime minister, Nawaz was handed 10 years in jail in the Avenfield properties corruption reference for owning assets beyond known income and one year for not cooperating with the National Accountability Bureau (NAB), both of which were to be served concurrently.

The Al-Azizia Steel Mills corruption reference pertains to the case in which he was sentenced to seven years in jail on Dec 24, 2018. He was also fined Rs1.5 billion and US$25 million.

The IHC had declared him a proclaimed offender in both cases in December 2020. After leaving for London on medical grounds, Nawaz remained there for nearly four years and only returned to the country last month.

After returning from the UK, the PML-N leader had filed two separate applications seeking the restoration of his appeals against his conviction in both the references.

He had contended that while he was abroad for medical treatment, the pen­­ding appeals were dismissed for non-prosecution. The applications req­u­ested the court to revive the pending appeals for a decision on them on merit. Last month, the IHC had restored the appeals in question.

Ahead of today’s hearing, Nawaz arrived in court amid tight security. He appeared before the court accompanied by his legal team, including ex-law minister Azam Nazir Tarar and Amjad Pervaiz.

A video shared by PML-N on X (formerly Twitter) showed former finance minister Ishaq Dar arriving alongside the ex-premier at the IHC.

The hearing

IHC Chief Justice Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb presided over today’s hearing. At the outset of the hearing, Nawaz’s lawyer Pervaiz presented a chronological list of event in the Panama reference against the Sharif family.

Upon the court inquiring if the “facts” presented by him were from before the reference was filed, the counsel answered that “three facts” were from before while the rest of them were from afterwards.

Citing the Supreme Court’s order on the Panama Papers case, in which Nawaz was disqualified, the lawyer recalled that a joint investigation team had been formed in light of the verdict.

At this point during the hearing, Justice Aurangzeb asked whether the counsel’s arguments had “any scope”. Pervaiz then apprised the court of the JIT’s constitution and its members.

He informed the IHC that the JIT submitted a 12-volume report to the apex court in July 2017 after which the involved parties presented their arguments and the court issued the final verdict on July 28, 2017, disqualifying his client.

Justice Aurangzeb then asked the counsel, “What orders did the Supreme Court clearly issue? Did the SC issue any directives to the NAB chairman?”

To this, Pervaiz responded that the apex court “gave positive orders to NAB that references be filed against Nawaz Sharif”.

He specified that the SC had ordered for the Avenfield reference to be filed against Nawaz, his daughter Maryam, sons Husain and Hasan, and Captain (rtd) Safdar, while the Al-Azizia and Flagship references were also to be filed against Nawaz and his two sons.

Pervaiz then said, “According to the Supreme Court’s orders, NAB can also file a supplementary reference on new evidence coming forth.”

At this, Justice Aurangzeb asked the counsel about what happened during the period between the SC issuing orders and the NAB filing the references. He further inquired if all three references were filed on the same day, to which Pervaiz replied in the affirmative, adding that they were filed in September 2017.

The IHC judge then asked if the ex-premier was present in the country when the references were filed, to which the counsel responded that his client was in the United Kingdom along with his daughter.

At this point during the hearing, Justice Farooq asked whether the suspects were indicted in the Avenfield reference only or in all three cases. Pervaiz replied that they were indicted in “all three cases on the same day” but the proceedings were held separately later on.

He further informed the IHC that the prosecution did not provide him with a copy of volume 10 of the JIT report. The chief justice then said, “At least some of the details from volume 10 would have come on record during the trial?”

However, the lawyer said that no document from the volume was brought on the record, adding that a “few questions were answered during the interrogation”.

At one point, Justice Aurangzeb noted that Nawaz was also acquitted in one reference. At this, the NAB prosecutor said that Nawaz was acquitted in the Flagship reference by an accountability court.

“Has NAB filed an appeal against the acquittal?” asked Justice Aurangzeb. The NAB prosecutor responded by saying that an appeal had been filed but notices had not yet been issued and it was not even fixed for hearing.

Nawaz’s lawyer contended that accountability Judge Mohammad Bashir had issued a verdict on one of the references, after which a plea was filed for transferring the remaining cases to another court.

Justice Aurangzeb then noted that the PML-N had filed pleas for hearing all three references simultaneously. “The judge heard one swiftly and stayed proceedings on the other two,” he said.

Pervaiz said that the accountability watchdog filed references against Nawaz on the basis of the JIT report. “Did NAB ever use its own mind when doing something?” asked Justice Aurangzeb.

“NAB did not do anything other than send a call-up notice to Nawaz Sharif,” Pervez said. He added that the bureau did not present any “concrete evidence” apart from statements from witnesses. He said that the call-up notice issued by NAB had nothing to do with the investigation.

“So NAB did not conduct a separate investigation on its part?” asked Justice Aurangzeb, to which the lawyer responded in the affirmative. Pervaiz said that NAB did not issue a questionnaire to Nawaz.

Nawaz’s lawyer then read out the text of the indictment in the Avenfield reference. He said that Nawaz had denied wrongdoing after the charges were framed.

He said that after the indictment, an accountability court had sought evidence from NAB, which first presented a preliminary report before submitting a detailed one. He said that the preliminary investigation report only referred to the SC verdict, adding that the charges against Nawaz were incorrectly framed.

He said the statements of six out of the 18 witnesses were recorded in the Avenfield reference when NAB filed a supplementary reference.

“Did any witness give a statement after which NAB decided to file supplementary reference?” asked Justice Aurangzeb. To this, Pervaiz said that the first witness produced records from the Securities and Exchange Commission of Pakistan (SECP).

“I will say that our case was opened and while the witnesses were being cross-examined, NAB decided to bring a supplementary reference,” he contended. However, the court directed the lawyer to take some time and submit a response to the court.

The lawyer further said that the trial court announced its verdict in the Avenfield reference in the absence of Nawaz and Maryam. “Mian Nawaz Sharif and Maryam Nawaz were in London to visit Kulsoom Nawaz,” he said.

He said that Kulsoom was suffering from late-stage cancer at the time. He said that the PML-N had asked the trial court to change the date of the hearing but the application was rejected the same day.

At one point, PML-N’s Tarar asked the court to exempt Nawaz from appearing before the court. “There are security issues at every hearing,” he contended.

“You file an application for exemption then we will see,” Justice Farooq responded. The hearing was then adjourned till Wednesday.

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Media giants’ tattered credibility

THE credibility of global media organisations such as the BBC, CNN, SkyNews and even progressive newspapers such as the UK’s Guardian appears to be in tatters as their editorial policies were found seriously wanting in the aftermath of Israel’s massively disproportionate response to the Hamas’s break-out last month from Gaza and attack on Israel that killed 1,200 people, including some 400 soldiers.

Hamas militants also took some 250 hostages from Israel back to Gaza with them as, they said, they needed leverage to secure the release of some of the 8,000 Palestinians in Israeli jails, over 1,000 of whom, mostly women and children, have never been charged and are detained — I’d say held hostage — on what are called ‘administrative orders’.

Israel’s enraged and blind carpet bombing of Gaza City and other northern parts of the Strip has seen a staggering 14,000 Palestinians killed, over 60 per cent of them women and children, while Western powers led by the US and dutifully followed by UK, Germany and others supported Israel’s mass murder, even genocide, by saying it was exercising its right to self-defence.

To start with, tragically, many of these organisations mirrored their governments’ view that see­m­­ed to suggest that the root of the Middle East conflict dated back to Oct 7, 2023, and not as far back as the Nakba in 1948 that saw the mass expulsion of Palestinians from their ancestral land.

Even colleagues are seen as children of a lesser god by some of our Western media outlets.

Since their own governments were endorsing the Israeli occupiers’ view, the media organisations ended up echoing the latter’s propaganda. Take, for example, the numbers of those killed in Gaza, which was always attributed to the ‘Hamas-controlled’ health authority, so as to create doubt about them. This when, from Amnesty International to Human Rights Watch to smaller organisations working in Gaza, all said Hamas figures were always accurate and not dodgy at all. Ironically, the only figure that was revised was the initial Israeli figure of 1,400 killed by Hamas to 1,200. The initial number as well as the revised one has been carried by the media without any attribution except for the day the revision happened.

This revision happened because the Israelis said that some of the charred bodies recovered from the kibbutz that Hamas attacked were assumed to be those of Israelis, but later, forensics tests and analyses made clear those belonged to Hamas fighters.

Despite this admission, the global media did little to cover stories on credible websites, even an eyewitness testimony on Israeli radio that Israeli tanks had fired at houses where Hamas were holding Israelis hostage and many died in such explosions and the resultant raging fires.

Similar treatment was reserved for Israeli Apache (gunship) helicopter pilots’ statements, in which one reserve lieutenant-colonel said they were following the ‘Hannibal directive’ whereby they fired at any vehicle they suspected of carrying hostages.

You only have to google some of these instances to learn more but you can be sure very little of it would have figured in Western mainstream media. This is not to say for a moment that Hamas militants did not attack, kill and take Israelis hostage, among them soldiers, civilians, elderly women and children. They did.

Also, look at the coverage of Israel’s targeting of journalists and their families in Gaza. Declan Walsh, the respected New York Times journalist, in a tweet called our Gaza colleagues ‘titans’ of the profession. They disregarded the danger to their lives and reported on the Gaza genocide.

You may have read/heard of the killing of the family of the stoic Al Jazeera correspondent in Gaza. But, like me, you’d have learnt of the targeted killing of at least 60 journalists by Israel and some of their families in precision bombing runs by the occupation air force via social media. Even colleagues are seen as children of a lesser god by some of our Western media outlets.

With Israel’s wanton targeting of the civilian population in Gaza and the images of slaughtered, bloodied babies reaching the world only because of the heroic and selfless reporting by our valiant colleagues, the tide of blind Western governmental support to the genocidal ultra-right wing Netanyahu-led government is slowly turning.

The Spanish and Belgian prime ministers have categorically said enough is enough. Spain’s Pedro Sánchez appointed a Valencian-born Palestinian with family in the West Bank to his cabinet. Sira Abed Rego is on record saying after Oct 7 that Palestinians have the right to defend themselves against occupation. Sánchez has called Israel’s response excessive and called for a two-state solution, while vowing to recognise Palestine.

Opinion polls in the US and UK are suggesting that parties and candidates who have given Israel carte blanche to carry out mass murder in Gaza are alienating a chunk of their voters. Given Joe Biden’s slim victory margin over Donald Trump in the last presidential election, if he does not address his ‘pro-ceasefire’ voters’ concerns and wins them back by this time next year, he will be in serious trouble.

Israel and its Western supporters both in and out of government, bring to bear enormous pressure on the media. It takes steadfast, surefooted editors and those running editorials in various organisations to steer a path based purely on objective considerations. Impartiality is vital to the long-term credibility and, therefore, good health of the media in a highly competitive marketplace.

As it is, social media is making inroads into the monopolistic space enjoyed by traditional media, and though each one of us has often complained about the volume of toxicity on social media platforms, there are many around the world who are grateful for these in this case because without them, perhaps, the full horror of the Gaza genocide may not have emerged.

Despite large and established media organisations’ dereliction of duty, notwithstanding occasional flashes of brilliance by conscientious journalists breaking their shackles and reporting facts, it was largely social media platforms that helped stem the tide and even turn it somewhat.

If we’re lucky we’ll see traditional media following suit for self-preservation, if nothing else.

The writer is a former editor of Dawn.

abbas.nasir@hotmail.com

Published in Dawn, November 26th, 2023

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Ex-Olympic runner Oscar Pistorius granted parole a decade after killing girlfriend

South Africa’s ex-Olympic runner Oscar Pistorius was granted early release from prison on Friday, a decade after he fatally shot his girlfriend, Reeva Steenkamp, in a crime that gripped the world, prison authorities said.

A parole board reviewing whether Pistorius, 37, was fit for social reintegration decided to place him on parole from January 5, the department of correctional services said.

“Mr Pistorius will complete the remainder of the sentence in the system of community corrections and will be subjected to supervision in compliance with parole conditions until his sentence expires,” it added.

Earlier Steenkamp’s mother told the parole hearing that she did not believe the ex-athlete was rehabilitated for he had not shown true remorse.

“Rehabilitation requires someone to engage honestly, with the full truth of his crime and the consequences thereof. Nobody can claim to have remorse if they’re not able to engage fully with the truth,” June Steenkamp said in a statement to the board.

But her spokesman told the board she was not opposing parole for Pistorius.

The hearing held at a correctional centre outside Pretoria where he is currently detained, was Pistorius’s second shot at parole in less than eight months.

He lost a first bid in March when the board found Pistorius had not completed the minimum detention period required to be let out.

The Constitutional Court last month ruled that was a mistake, paving the way for a new hearing.

Pistorius killed Steenkamp, a model, in the early hours of Valentine’s Day 2013, firing four times through the bathroom door of his ultra-secure Pretoria house.

Known worldwide as the “Blade Runner” for his carbon-fibre prosthetics, he was found guilty of murder and given a 13-year jail sentence in 2017 after a lengthy trial and several appeals.

He had pleaded not guilty and denied killing Steenkamp in a rage, saying he mistook her for a burglar.

My child ‘screamed for life’

But June Steenkamp said she does not believe him.

“I do not believe Oscar’s version,” she said in her submission to the board that was read to the media outside the detention centre by a family spokesman.

“My dear child screamed for her life loud enough for the neighbours to hear her. I do not know what gave rise to his choice to shoot through a closed door four times at somebody with hollow-point ammunition when I believe he knew it was Reeva.”

Nevertheless, she said she forgave the former sprinter “long ago, as I knew most certainly that I would not be able to survive if I had to cling to my anger.”

As part of his rehabilitation, Pistorius met Steenkamp’s parents last year, in a process authorities said aims to ensure inmates “acknowledge the harm they have caused”.

June Steenkamp was not present at the parole hearing on Friday and was being represented by a family spokesman and a lawyer.

Steenkamp’s father Barry died in September aged 80.

“I’ve no doubt that he died of a broken heart,” the widow said in her statement.

Family spokesman Rob Matthews said it was going to be very difficult for June Steenkamp to attend the proceedings given what she had recently gone through.

“It’s been a real tough road that June has travelled […] in March there was a parole hearing and it took all her courage to attend that,” he said.

Offenders in South Africa are automatically eligible for parole consideration after serving half of their sentence.

The board, normally made up of correctional services and community members, assesses whether an inmate still poses a danger to society.

This takes into account the seriousness of the offence as well as Pistorius’s behaviour behind bars.

Release usually comes with some conditions, such as monitoring from authorities and duty to report to a community correction centre.

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President, CEC ‘breached statutory duties’ on poll date

ISLAMABAD: Justice Athar Minallah of the Supreme Court on Thursday regretted that President Dr Arif Alvi, Punjab and Khyber Pakhtunkhwa governors, and the chief election commissioner (CEC) were guilty of breaching their statutory duties by not holding elections within the stipulated period of 90 days.

In an additional note, Justice Minallah regretted that people of Pakistan, particularly the registered voters, have been deprived of the most fundamental right to participate in the governance of the state through chosen representatives and obviously the right to vote in accordance with the law.

The note came in addition to the Nov 3 order in which the Supreme Court had expressed confidence that the polls would be held without disruption on Feb 8, 2024.

Justice Minallah observed that the conduct and failure of the president, governors and CEC to discharge their constitutional duties made them answerable to the people.

He said the people became victims of their wrongful exercise of public powers and reckless disregard for duties under the Constitution.

Justice Minallah says Constitution empowers citizens to ‘police the misconduct’ of public authorities, govt

They have exposed themselves to actions against their tortuous acts, the note said, adding that it was the duty of public authorities to obey the law and exclusively serve the interests of the general public. “It is the duty of the courts to put an end to impunity against the violation of the Constitution and constitutional rights,” Justice Minallah emphasised.

The note regretted that people of Pakistan were being governed by unelected caretakers in violation of the Constitution and their fundamental rights. As a corollary, it is the duty of the courts to ensure that if citizens file claims for alleged tortuous acts of public authorities, they are decided expeditiously and in accordance with law, the note said.

It is a primary constitutional duty of ECP that the delayed elections are held in a fair, free and transparent manner without giving anyone an opportunity to complain. The ECP will be failing in its duty if the elections are not only held in a fair, free and transparent manner but they must also be seen as such by each citizen.

The registered voters — 125,626,390 — who have suffered the denial of their most valuable constitutional rights may, if they so desire, exercise their right to claim remedies for the tortuous acts and thus vindicate their rights and set an example for creating deterrence for the future, Justice Minallah observed.

The constitutionally created right empowers the people to police the misconduct of public authorities and the government in addition to being compensated and vindicated for a wrong. If effectively used and enforced, it is a right that would encourage public participation in putting an end to abuse of powers and the impunity for violating the Constitution and constitutional rights, the note said.

It is a right exercisable by citizens and the general public without being at the mercy of others, such as the federal government, for commencing criminal proceedings in case of the offence under Article 6 (high treason).

It will be the duty of the courts to ensure that the citizens or other persons effectively enforce this valuable right. Imagine if this right had been exercised by the people of Pakistan against the usurpers and collaborators for abrogating, subverting or holding the Constitution in abeyance, the note said.

The right has been expressly enshrined as a constitutional right and in such an eventuality the courts enjoy wide discretion to design or create a remedy to appropriately redress a

constitutional right and to deter repetition of the tortuous acts in future, the note said.

Published in Dawn, November 24th, 2023

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Haris faces contract downgrade after refusing to play Australia Tests

KARACHI: Pakistan pacer Haris Rauf faces the risk of being downgraded in his central contract and could also be denied permission to play the Big Bash League after opting out of next month’s three-match Test series in Australia, the Press Trust of India news agency reported on Wednesday.

A reliable source told PTI that some senior officials in the Pakistan Cricket Board (PCB) were unhappy at the attitude of Haris and also over the statements made by his Lahore Qalandars coach Aqib Javed, who defended the express pace bowler.

Pakistan’s new chief selector Wahab Riaz hit out at Haris on Monday for first agreeing to be considered for the Tests in Australia before making himself unavailable two days later citing workload and fitness concerns.

Wahab, himself a fast bowler who appeared in three World Cups, made it clear that being a centrally contracted player, Haris should have been available for the Test series.

“I and the Director of Pakistan team, Muhammad Hafeez, we went and spoke to him in detail and told him that both the captain and coach wanted him (Haris) to play in Australia as he was an impact bowler and we assured him he would not bowl more then 10-12 overs in a day in Australia,” Wahab had said at his press conference while announcing the squad for Australia.

“We also spoke to the team physio and trainer and they said Haris had no fitness issues and there would be no problem with him in Australia,” Wahab said.

Hours later sources quoting Haris in the Pakistan media said he had never made himself available for the Tests and had told the selectors he wanted to focus on white ball cricket and manage his workload.

But the source said that the very fact that Haris didn’t come out with a denial directly had convinced the senior board officials he was playing games with the board and selectors.

“There has been discussion that if Haris is only focused on white ball cricket then the central contact given to him also needs to be reviewed since he was placed in category B which carries a monthly retainer of over four million rupees plus enhanced match fees, bonuses and a share in the PCB’s share of ICC revenues.

“Those players were given top two categories who were considered all format players,” the source said.

He said it could be expected that the board might either ask Haris for his final decision on red-ball cricket and revise his contract and the player also has the option of going freelance and returning the central contract to the board like other international players including Trent Bolt and Jason Roy.

“An NOC for playing in the Big Bash could also be withheld by the board,” the source added. The source said that both Hafeez and Wahab had conveyed their disappointment over Haris’ attitude to the PCB chairman Zaka Ashraf.

Haris played one Test back in December against England in Rawalpindi where he bowled just 13 overs before getting injured.

Published in Dawn, November 23rd, 2023

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Indian rescuers drill two-thirds of way to 41 trapped workers

Indian rescuers have drilled two-thirds of the way through debris towards 41 workers trapped in a collapsed road tunnel, officials said on Wednesday, warning that the next 24 hours could be critical.

Engineers are working to drive a steel pipe through at least 57 metres of the tonnes of earth, concrete and rubble that have divided the trapped men from freedom since a portion of the under-construction tunnel in the northern Himalayan state of Uttarakhand collapsed 11 days ago.

Looking into the Silkyara tunnel entrance on Wednesday, an AFP journalist could see sparks flying as workers welded metal tube sections together, with the site busy as excavators and heavy trucks brought in equipment.

“I am very happy to share … that 39m of drilling has been completed,” said Mahmood Ahmad, a road and highways ministry official involved in the operations.

“If there is no blockage, we hope there could be happy news late tonight or tomorrow,” Ahmad told reporters at the site.

“We are moving forward at a fast pace,” he added. “Stay hopeful, pray that the pace continues.”

However, he warned that the remaining section yet to be drilled was critical.

Challenging Himalayan terrain

Rescue efforts have been slow, complicated by falling debris as well as repeated breakdowns of crucial heavy-drilling machines.

The giant earth-boring machine last week ran into boulders, and drilling was put on hold for more than three days after a cracking sound in the roof.

Uttarakhand chief minister Pushkar Singh Dhami on Wednesday spoke of the “positive progress made in the last 24 hours”, without further details.

But a government statement also noted that “timelines provided are subject to change due to technical glitches, the challenging Himalayan terrain and unforeseen emergencies.”

In case the route through the main tunnel entrance does not work, blasting and drilling have also begun from the far end of the unfinished tunnel, nearly half a kilometre long. Preparations have also been made for a risky vertical shaft directly above.

On the forested hill above, rescuers have cut an entirely new track to bring heavy equipment above the men, where a machine to dig an 89m vertical shaft is being installed — a complex dig above the men in an area that has already suffered a collapse.

The workers were seen alive for the first time on Tuesday, peering into the lens of an endoscopic camera sent by rescuers down a thin pipe through which air, food, water and electricity are being delivered.

High spirits

Though trapped, they have plenty of space, with the area inside 8.5m high and stretching about 2km in length.

Bhaskar Khulbe, a senior government official overseeing rescue efforts, said he had spoken to the trapped men on Wednesday morning.

“All of them are in high spirits,” he said.

On Wednesday, a Hindu priest sat close to the site holding prayers for the trapped men, with rescue workers pausing briefly at a shrine erected at its entrance.

The tunnel is part of Prime Minister Narendra Modi’s infrastructure project aimed at cutting travel times between some of the most popular Hindu sites in the country, as well as improving access to strategic areas bordering rival China.

However, experts have warned about the impact of extensive construction in Uttarakhand, large parts of which are prone to landslides.

“The development model in this young, fragile mountain range has been disastrous and needs course correction,” environmental campaigner Priyadarshini Patel wrote in the Times of India on Wednesday.

“Mega-projects are not what the Himalayas are about, culturally or geologically.”

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Chaman grinds to a halt amid protests

QUETTA: Trade between Pakistan and Afghanis­tan via the Chaman border crossing ground to a halt on Tuesday, as participants of a month-long sit-in be­ing held against the strict visa regime introduced by Pakistan blocked the highway leading to Kandahar.

Protesters blocked the highway in Chaman on Monday morning which partially suspended the transit trade and other imports and exports. Customs officials, however, said that for the past 24 hours, trade activities had been completely suspended through Friendship Gate — the authorised border crossing between Chaman and the Afghan district Spin-Boldak.

“Not a single truck… crossed or returned from Afghanistan on Tuesday due to blocking of the main highway linking Chaman with Kandahar,” a senior customs officer told Dawn on the phone.

Hundreds of protestors have put barricades and hurdles at the road leading towards Friendship Gate, refusing to allow any vehicle loaded with goods to cross. The caravans of illegal immigrants leaving for Afghan­istan, however, were moving as per routine.

Balochistan caretaker Information Minister Jan Achakzai confirmed that the border crossing was open for the refugees who were going back to Afghanistan. He cited security officials deployed at the border saying that the trucks carrying goods to Afghanistan were using other routes to enter the country.

Traders block highway, demand withdrawal of strict visa regime; trade at Torkham border also suspended briefly

“The government has engaged the leaders of the All Parties Traders Alliance to resolve the issue through negotiation,” Mr Achakzai told Dawn. He added that the provincial government assured them that the government would provide alternate employment to the people involved in “illegal business” across the border.

The alliance, enjoying the support of different political parties, has been staging a sit-in in Chaman for the last months against the decision to regularise the crossing between Pakistan and Afghanistan through a one-document regime.

This decision was taken by the National Apex Committee last month. Pakistan enforced the new border crossing policy on Nov 1. The border authorities at Chaman refused to allow anyone to cross the Pak-Afghan border without a passport and valid visa from both sides.

The traders’ alliance has asked the federal government to withdraw its one-document regime policy and allow the people of Chaman and Spin Boldak to continue crossing the border using their respective national identity cards.

On the other hand, the government has refused to withdraw its decision and announced that nobody will be allowed to enter Pakistan without a passport and valid visa.

“The passport office in Chaman is receiving passport allocation forms…and has issued over 200 passports over the past week, while 1,200 tokens have been issued to the people who applied for the passport,” the official said.

“In response, the Afghan government has also stopped the entry of all types of commercial vehicles from the other side,” a Pakistani official at the northern Torkham border said on condition of anonymity.

It was also reported that the Torkham border crossing had been closed for trade. Jan Achakzai said the Torkham border was closed by the Afghan authorities when Pakistani stopped Afghan drivers from entering Pakistan without documents.

The trade between remained suspended for seven hours, but it resumed after a meeting between the two sides. The Afghan drivers subsequently were allowed to enter Pakistan without passports.

Published in Dawn, November 22nd, 2023

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Resolution in support of military courts remains bone of contention

• Rabbani, Dilawar Khan trade barbs in Senate
• Sanjrani scuttles move to table fresh resolution in support of SC verdict
• JI senator terms hurriedly passed motion ‘drone attack’ on upper house

ISLAMABAD: Continuing their protest in the Senate, members of the mainstream political parties on Monday “disowned” the hastily-passed controversial resolution in support of military courts and demanded its withdrawal, as Senate Chairman Sadiq Sanjrani intelligently scuttled their attempt to table a separate resolution in support of the Supreme Court (SC) verdict.

Lone Jamaat-i-Islami (JI) Sena­tor Mushtaq Ahmed made two or three attempts to read out a resolution in support of the apex court’s decision, but each time the chairman prevented him, terming it a “sub judice matter”. He was apparently alluding to appeals filed by the federal and some provincial governments.

The upper house of the parliament also witnessed a heated exchange between PPP Senator Raza Rabbani and independent Senator Dilawar Khan, who had tabled the controversial resolution on Nov 13, at a time when only about a dozen senators were present in the 100-member house.

Out-of-agenda resolution

In their speeches, senatoris regretted that the out-of-agenda resolution was tabled at a time when the house did not even have quorum.

Through the two-page resolution, tabled by Dilawar Khan and supported only by the senators of the Balochistan Awami Party, the house had supported the military trial of civilians in the wake of May 9 incidents and asked the SC to reconsider its decision.

When the house met after a two-day recess on Monday, Mr Rabbani decried the way the resolution was “bulldozed” it depicted parliament as a “redundant institution”.

“We totally reject this resolution. It doesn’t reflect the sentiments of a majority of this house,” said Mr Rabbani while asking the chairman to allow the JI senator to table his resolution against the military courts.

“This matter has now become sub judice… So now leave this matter and move on,” remarked Mr Sanjrani while referring to Mr Rabbani’s speech where he talked also about the filing of appeals against the SC’s ruling.

JI’s Mushtaq Ahmed regretted the Senate chairman had put the resolution to vote without allowing a debate. He said the resolution was tabled at a time when even Leader of the House Ishaq Dar and Opposition Leader Shahzad Waseem were not present. He said the resolution was not even shared with any member before it was tabled.

“The resolution is a drone attack on this house… It is an attack on democracy, human freedom and free media,” he said. The JI senator “condemned” the resolution and termed it “an attempt to pressurise the judiciary” and “strengthen undemocratic forces” in the country.

But the Senate chairman barred Mr Ahmed from reading out his resolution, stating that he could not even read out one paragraph of it. However, the JI senator said that he was not presenting the resolution, but wanted to express his sentiments. He said the SC’s decision was “historic”.

Personal attacks on Rabbani

At this point, Dilawar Khan took the floor and questioned why Mr Rabbani and others had not pointed out quorum when he was presenting the resolution. He then launched some personal attacks on Mr Rabbani, stating that senators still remembered how Mr Rabbani had voted in support of military courts in the past when a constitutional amendment was moved in the previous assembly.

He claimed when all the political leaders and the whole of Khyber Pakhtunkhwa were opposing the US in the war against terrorism, Mr Rabbani’s party had brought a similar resolution in support of the military courts at the behest of the US. “Didn’t we see him [Mr Rabbani] crying and voting in this house?” he said, calling the PPP senator “a hypocrite”.

He, however, added that at that time, the bill had been moved to establish a parallel military court system for those involved in terrorism and who had been kept under detention in various camps and to provide them with a legitimate cover.

He said the present resolution talked about the trial of ordinary citizens in military courts which could not be supported.

Manzoor Kakar, one of the supporters of the resolution, also talked about the “double standards” of the opposing senators, recalling that their parties had in the past supported the trial of those involved in the May 9 attacks on military installations.

Speaking on a point of personal explanation, Mr Rabbani said he was “ashamed” when he voted in support of the bill in line with the party’s discipline and “even say it today that I am ashamed of committing that act”.

Published in Dawn, November 21st, 2023

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PTI’s Ali Nawaz Awan joins IPP

In A major blow to Imran Khan and his party, PTI leader Ali Nawaz Awan made public appearance and joined the Istehkam-i-Pakistan Party (IPP) on Sunday, media reports said.

Mr Awan who used to forcefully defend PTI in TV talk shows, held a meeting with IPP chief Jahangir Tareen and President Aleem Khan, according to Geo News.

In a statement on X, formerly Twitter, the IPP termed the former federal minister’s joining a ‘big success’ for the newly-formed political party.

Another PTI leader and former provincial minister Sardar Asif Nakai also announced joining the IPP ranks in a meeting with Mr Tareen and Mr Aleem.

Several PTI leaders, including Fayyazul Hassan Chohan, Firdous Ashiq Awan, Murad Raas, Ghulam Sarwar Khan among others have already joined the IPP since its launch five months ago.

Published in Dawn, November 20th, 2023

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South remembers

IN the world of WhatsApp, Muslim and Arab countries have taken a serious stance against Israel. In that little chamber — isolated from fact, reason and logic — the emir of Qatar has threatened to cut off global LNG supplies if the West keeps supporting Israel the way it always has and likely always will.

More recently, Turkish President Erdogan sent a medical task force, accompanied by a special forces unit and dared the Israelis to shoot at them.

Nothing of this sort actually happened, or is likely to happen outside the world of WhatsApp. In the real world, Saudi Arabia is annoyed the screams from Gaza are interfering with its ongoing coming out party, while the UAE — which spearheaded normalisation with Israel — is pretending nothing is happening.

Iran, for all its bluster, reportedly isn’t happy with Hamas taking such action on its own, and as far as Jordan and Egypt go, the less said the better. That leaves Turkey which, despite Erdogan’s rhetoric, hasn’t yet taken anything that even remotely resembles concrete action.

Instead, we see that states further physically removed from the theatre of murder have shown greater moral fibre: Belgium openly condemned Israel’s collective punishment of the Palestinians, while also expressing support for the International Criminal Court’s role and its ongoing investigation into the Palestine crisis.

Norway’s parliament has called on its government to be ready to recognise a Palestinian state, and Spain’s Ione Belarra, minister for social rights and leader of the leftist Podemos party, has not only called for an end to the genocide but also for Spain to end all diplomatic ties with Israel.

But the strongest response so far has come from Latin and South American states: Bolivia has cut ties with Israel while Chile, Colombia and Honduras have withdrawn diplomats from Tel Aviv. Brazil’s left-wing President Lula has said that Israel is “killing innocent people without any criteria”.

Even Argentina, which hosts the largest Jewish community in South America, called Israel’s attack a “violation of international humanitarian law”. Meanwhile, US President Joe Biden carries on quoting ‘evidence’, that has long since been debunked, in support of Israel’s barbarous actions.

South America understands the Palestinian struggle.

What explains the support for the Palestinian cause in so many Latin and South American countries? The Palestinian diaspora has played a part, given that some 700,000 people of Palestinian descent live in that continent — the progeny of those expelled by Israel — with the largest contingent in Chile.

This diaspora has been politically active, has deep cultural roots, and has made common cause with indigenous groups and left-leaning political groups. The links go beyond South America. In fact, one South American activist recalls that during his exile in Germany, it was a Palestinian who taught him the German word for ‘refugee’.

Another reason is that the Cold War and its legacy conditioned leftist leaders in the region to support the Palestinian cause; Fidel Castro was the first Latin American leader to snap ties with Israel.

Then there is the shared experience of being ground under the boot heels of empire, an experience that is personal for many of these leaders who have seen the US attempt to depose them and destabilise their countries — ushering in murderous right-wing regimes — in order to serve its imperial interests.

So, you may say that on one level at least it is a shared history and experience that draws them closer. Hav-ing suffered colonialism and West-backed dictatorships, the people of these countries un­­­derstand the Palestinian struggle.

Ideology plays a part too. In Colom­bia’s case, it has been prioritised over strategic interests. By condemning Israel, Colom­bia has jeopardised its military deals with Tel Aviv, which suspended arms sales to Colombia.

However, before the ‘pink tide’ swept these states, the right-wing governments that had taken power had tilted towards Israel. Jair Bolsonaro was a prominent supporter of Israel, which has always been a close friend of regressive forces in South America.

Colombia’s military — often accused of murder — was well armed and trained by Israel, and when in Venezuela Juan Guaidó attempted to take power in a US-backed coup, Israel was one of the few countries that recognised him as a legitimate ruler.

As usual, Israel is not shy to make alliances with even the most anti-Semitic of countries, such as Alfredo Stroessner’s Paraguay. A Nazi sympathiser, Stroessner made Paraguay a haven for Nazi war criminals and despite this, was courted by Israel for the simple reason that the left, with its emphasis on decolonisation and rights — was a greater threat to Israel than the Nazis. The world may have willingly forgotten, but the South remembers.

The writer is a journalist.

X: @zarrarkhuhro

Published in Dawn, November 20th, 2023

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SMOKERS’ CORNER: ZIONISM AND MUSLIM NATIONALISM

Pakistan and Israel are often understood by various political scientists and historians as nationalist twins. Membership to both is based on nothing but an idea of religious belonging. The Islam that Pakistan’s founders evoked to contextualise the creation of a ‘Muslim nation’ in India, and then a separate Muslim nation-state in South Asia, was not theological. It was an entirely modern construct.

Nationalism itself is a modern construct, not more than 350 years old. It seeks to unite the people of a territory as a national whole — a people who share a cultural, linguistic and geographical history. However, many of these histories too are inventions, shaped through imagined or exaggerated ‘memories’. But the ‘Muslim nationalism’ deployed by the founders of Pakistan was only loosely tied to a shared cultural history. It was more of an abstract idea of unity in a South Asian Muslim milieu that was ethnically diverse and highly sectarian and sub-sectarian. 

Therefore, the invented nature of the Muslim nationalism that Pakistan’s founders shaped was a romantic idea of a Muslim ‘nation’ that was to look beyond its different ethnic identities within, and seek a separate Muslim homeland to avoid the expected political and cultural hegemony of India’s post-colonial Hindu majority. 

Nationalism is inherently a secular idea that looks to unite a people on the basis of a historically shared territory or language. But India’s Muslims belonged to different ethnic formations — they belonged to differing sects and subsects, and spoke different languages. So, an overarching Muslim nationalism was invented, but one that could never have been theocratic because of the sectarian and ethnic differences within this ‘nation’.

Much like the Muslim nationalism espoused by the founders of Pakistan, Zionism was also a modern and secular construct. And both were increasingly taken over by theocracy

Therefore, it was a secular formulation and the founders were conscious of this. This was something new in the evolution of the idea of nationalism though, wherein a religion was evoked to form a nation and then a nation-state. It used religion in a secular nationalist context (because a single language, race or ethnicity was missing). So an overarching and nationalist imagining of Islam became the main ingredient to formulate the creation of a modern nation-state. 

In his 2013 book The Muslim Zion, the noted historian Faisal Devji wrote that the exceptionalism of the nationalism that was inherently secular but which gave birth to a ‘Muslim homeland’ in South Asia was very close to the idea that sought to create a modern Jewish homeland, Israel. The early ideologues of Zionism looked to establish a homeland for (mostly European) Jews who shared a history of persecution. 

Like the Muslim nationalism of the founders of Pakistan, Zionism too was a modern construct. It was seeking to shape the Jewish people of different ethnic groups and races into a ‘nation’ with a homeland of their own. It too was secular, because of the diverse cultural and ethnic Jewish national whole that it was imagining.

So, Pakistan and Israel did emerge from what can be described as ‘religious nationalism’, but this nationalism was an extension of the inherently secular idea of nationalism. It did not seek to create a theocracy due to the ethnic, racial and sectarian diversity within the ‘nation’ that it was forming. 

A year after the publication of Devji’s book, the historian Venkat Dhulipala published Creating a New Medina. In it, he argued that Pakistan was not created as a ‘Muslim Zion’ as such, or as a safe sanctuary for the Muslims of South Asia. According to Dhulipala, the country was imagined as a sovereign Islamic state, or “a new Medina.” It sought to trigger an Islamic revival and become the new leader of the ‘Muslim ummah’ and the successor to the fallen Turkish Caliphate. 

Devji and another well-known historian, Ayesha Jalal, have been severely critical of Dhulipala’s thesis. Devji lambasted Dhulipala for constructing his thesis on obscure populist sources that did not have much say in the creation of the Muslim nationalism that gave birth to Pakistan. However, Dhulipala’s thesis was favourably received by various Islamist and Hindu nationalist groups in Pakistan and India. 

What Dhulipala was suggesting was indeed present in the clutter of voices seeking a post-colonial arrangement in South Asia. But Devji is correct in pointing out that the voices expressing the desire to establish an Islamic state were nowhere to be found in the core nationalist circles that actually created the country. In fact, these voices were highly critical of these circles, accusing them of being secular and “token Muslims.” 

But it is also a fact that the once-obscure and sidelined narrative of these voices did manage to replace the one formulated by the founders. This began to take place after Pakistan lost its eastern wing in a vicious civil war in 1971. Suddenly, the Muslim nationalism that had given birth to Pakistan began to be seen as a failure and was replaced with the narrative that Dhulipala explores in his book. 

This is also why most post-1970s leaders, from Ziaul Haq all the way to Imran Khan, began to speak about creating Pakistan as a new Medina. This narrative also sits well with Islamist parties, and with Hindu nationalists in India. The latter rationalise their existence in opposition to the Islamic ‘other’.

Something similar happened to Zionism as well. But whereas the ‘Islamist’ strand of Muslim nationalism in Pakistan began to find traction after the country lost a war with India and a civil war in the erstwhile East Pakistan in 1971, a form of right-wing Political Judaism began to be added to Zionism after Israeli forces won a war in 1967 (against a combined Arab army). 

In both cases, though, a sense of national insecurity and even paranoia played a major role. But in Pakistan, the Islamist dimension that was added to the country’s existential narrative has started to erode and is being vigorously questioned. On the other hand, the dimension of Political Judaism added to Zionism is witnessing a peak in Israel. For example, no other Israeli leader has used as much religious rhetoric and symbolism as the country’s current prime minister, Benjamin Netanyahu. 

Indeed, the Islamist nationalism that deposed the more secular Muslim nationalism in Pakistan, and the right-wing ‘neo-Zionism’ that began to take shape in Israel, were both products of a heightened sense of existentialist paranoia. But gradually, Islamist nationalism as well as neo-Zionism became mere tools for authoritarian figures to safeguard their own political interests. 

Another thing that neo-Zionists should bear in mind and/or learn from Pakistan is that, when the state begins to more aggressively mix religion with nationalism, this process often trickles down and generates non-state actors, who then begin to attack the state in their bid to create a theocracy. Can Zionism now be headed towards this peril?

Published in Dawn, EOS, November 19th, 2023

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Ruckus in Senate over resolution urging SC to ‘reconsider’ verdict on civilians’ military trials

The upper house of Parliament saw much commotion in its session on Friday after senators protested the passage of a resolution urging the Supreme Court to “reconsider” its verdict on the military trials of civilians.

The resolution was passed on Monday in the presence of less than a dozen senators. It had urged the top court to “reconsider” its verdict of declaring “unconstitutional” the military trial of civilians for their alleged role in attacks on army installations on May 9.

The resolution was not part of the agenda issued before Monday’s session and was tabled when a majority of members were absent. It was read out by independent Senator Dilawar Khan from Khyber Pakhtunkhwa and supported only by the Balochistan Awami Party (BAP) senators.

Only two senators — Raza Rabbani of the PPP and Mushtaq Ahmed of Jamaat-i-Islami (JI) — had protested against the hasty passage of the resolution, but Senate Chairman Sadiq Sanjrani had ignored their protests.

The two-page resolution had termed the SC verdict “an attempt to rewrite the law” and an encroachment of the parliament’s legislative authority.

The day after the passage of the resolution, mem­bers belonging to the country’s mainstream political parties had lodged a strong protest in the Senate against its hasty passage and called for its immediate withdrawal.

Due to the strong protest by the senators and lack of quorum, Deputy Chairman Mirza Muhammad Afridi had adjourned the proceedings till Friday within minutes and without taking up any agenda item.

Similar scenes were witnessed when today’s session began. After the recitation of the Holy Quran and as the Senate chairman tried to begin the the question hour session, senators refused to sit on their seats and chanted slogans against the resolution.

“No military courts, no military courts,” they chanted.

JI’s Senator Ahmed equated the resolution to a “drone attack” and an “attack on democracy”. He further said that the passage of the resolution had tainted the Senate.

Jamiat Ulema-i-Islam Senator Kamran Murtaza termed said that senators had done something “very bad” by passing the resolution. PML-N Senator Saadia Abbasi said: “We will not allow the House to proceed until we talk about the resolution passed by the Senate.”

PTI Senator Zarqa Suharwardy Taimur urged the Senate chairman to let parliamentarians discuss the resolution. However, he did not let anyone speak and tried to move the session along.

“Respect the House and sit down […] The entire House cannot talk at the same time. This is not the way,” Sanjrani said as senators continued to protest.

The commotion caused by the senators forced Sanjrani to adjourn the session till 3pm on November 20 (Monday).

The resolution

The resolution passed by the Senate on Monday said that “prima facie an attempt has been made to rewrite the law by impinging upon the legislative authority of Parliament”.

It reiterated that the trial of those accused of violence against the armed forces under the Army Act was an “appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime”.

“Within the country’s constitutional framework, the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts,” it said.

The resolution also expressed solidarity with the families of martyrs, which it said had “expressed feelings of insecurity and treachery” due to the court’s decision.

“Their concern that absence of military court trial is likely to encourage or embolden those responsible for acts of terrorism due to [a] lack of stringent justice in regular courts is fully endorsed,” the resolution said.

It noted that the SC verdict “annuls the sacrifices made by martyrs” in combatting terrorism.

“Military courts have played a significant role in addressing terrorism by ensuring that those responsible for terrorist acts are brought to justice. However, this judgment, while abandoning the spirit of martyrdom, grants lenient option to terrorists, anti-state actors, foreign agents, and spies to be tried in normal courts,” the resolution said.

The resolution said the SC had not taken into consideration “existing procedures which make it abundantly clear that the sentences given by military courts are not arbitrary and are conducted following due process and formalities”.

It added that the existence of an appeal process against the verdicts issued by military courts was also overlooked. “The provisions of the Army Act and underlying procedures ensure that the right to a fair trial under Article 10-A of the Constitution is not violated,” it said.

The resolution reaffirmed that May 9 — when violence broke out across the country following the arrest of PTI Chairman Imran Khan — would be remembered as a “dark day in the history of the country”. It also condemned the “anti-state acts” committed against the armed forces, “which the enemies of Pakistan cannot even dare to think of committing”.

“The culprits of May 9, who blatantly attacked defence installations and disgracefully dismantled memorials of martyrs deserve no empathy or leniency, rather they should be tried in military courts and stringent punishments [should] be given to make them an example for internal and external enemies [of] Pakistan by creating deterrence and upholding the supremacy of state,” the resolution said.

It said that Section 2(1)(d) was added to the Army Act in 1967, and civilians had been tried in military courts in the past under the provision while sentences were also carried out.

It added that a previous SC verdict had upheld trials under the Army Act by a majority. On the other hand, the bench which announced the recent verdict was “not in unanimity as opposed to previous benches which upheld trials of civilians under the Army Act, hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench”, the resolution said.

It said that the “invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities.”

“The Senate of Pakistan calls upon the apex court to reconsider its decision, urging alignment with the national security paradigm and [the] sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgement on the security and stability of the nation,” the resolution said.

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Caretaker govt challenges SC verdict on military trials of civilians

The caretaker federal government filed an appeal in the Supreme Court on Friday against the decision of a five-member bench that had declared the trials of civilians under the Pakistan Army Act 1952 as unconstitutional.

Former chief justice Jawwad S. Khawaja, one of those who successfully petitioned the Supreme Court against the military trials of civilians, the provinces of Balochistan, Sindh, Khyber Pakhtunkhwa and Punjab, through their respective chief secretaries; and the government, through the secretary of the defence ministry, were named respondents in the case.

In the widely praised Oct 23 ruling, the bench, comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik had declared that trying civilians in military courts for their alleged role in attacks on army installations during the riots that followed PTI chairman Imran Khan’s arrest were ultra vires the Constitution. The bench had also emphasised that the cases of the suspects involved in the vandalism would proceed before criminal courts.

The federal government’s appeal comes on the heels of a similar plea filed by the Sindh government. The fresh appeal has not yet been accepted for hearing.

The appeal filed by the Centre, a copy of which is available with Dawn.com, that the incidents of May 9 involved “targeted attacks” on military installations and establishments in an “organised and coordinated manner”, adding that they were “neither localised nor isolated”.

The plea said that several first information reports (FIRs) were registered in the aftermath. It noted that several of the FIRs did not mention provisions of the Army Act but argued that the SC had previously held that the contents and not a particular statutory provision determined the nature of offences.

It said that the Supreme Court Practice and Procedure Act was declared ultra vires the Constitution and had taken effect since April 21. “In view of the Act having attained constitutional validity, it is submitted with reverence that the constitution of the bench […] is in contravention to the procedure prescribed under Section 2 and 3 of this Act,” it said.

“Therefore, the judgement is liable to be set aside for having been rendered coram non judice [without jurisdiction] and thus a nullity in the eye of law,” the appeal said. It further said that the petitions were not maintainable before the top court in its original jurisidcition under Article 184(3).

It said that the challenges raised in the petitions could have been adjudicated by the high courts in their original constitutional jurisdiction under Article 199. The appeal argued that the petitions fell outside the purview of “the contours that this court had determined for the exercise of its original jurisdiction”.

The appeal said that the trial of accused persons, whether military personnel or otherwise, could not be challenged for being in violation of any of the fundamental rights enshrined in Articles 9, 10-A and 25.

It said that offences under Section 2(1)(d)(ii) included those offences under the Official Secrets Act which “related to works of defence or naval, military or air force affairs, which may be prejudicial safety, interest, defence, sovereignty, and sanctity of Pakistan […]”.

“It is clear from the nature of these offences that despite being committed by person who are not members of the armed forces, they are closely related to the proper discharge of duties of such members,” the appeal said.

It contended that Sections 2(1)(d) and 59(4) of the Army Act were “constitutionally insulated from a challenge on the touchstone of fundamental rights and the impugned order/judgement, to the extent that it has failed to appreciate this, has erred in law. Therefore, on this count, the impugned order/judgement is liable to be set aside,” it said.

The appeal said that the judgement, to the extent of finding the provisions of the Army Act unconstitutional on account of Article 175(3) and the requirement therein of separation of judiciary from the executive, was “untenable, contrary to settled jurisprudence of this honourable court and thus, liable to be set aside”.

“It is therefore humbly prayed that this honourable court may be pleased to allow this appeal, set aside the impugned order/judgement […] and dismiss the petition with costs. Pending the decision on the appeal, the operation of the impugned order/judgement may graciously be suspended,” the appeal said.

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‘Pitch switch’ controversy sparks concerns

MUMBAI: The cricket World Cup semi-final betw­een India and New Zealand in Mumbai on Wednesday was being played on a used pitch, sparking concerns the tournament hosts had tried to manipulate conditions in their favour.

Both Britain’s Daily Mail and the ESPNCricinfo website reported the match was initially supposed to be played on pitch seven, the central strip at the Wankh­ede Stadium, a surface unused in the group stages.

However, the game was switched to pitch six, the sur­face used for two matches.

According to the Interna­tional Cricket Council’s tournament playing conditions, the relevant ground authority “is responsible for the selection and preparation of the pitch” before any given match.

The Daily Mail claimed the ICC’s independent pitch consultant Andy Atki­­nson was frustrated by changes to pre-tournament plans.

They quoted a leaked email in which he speculated whether the pitch for Sunday’s final in Ahmed­abad “will be the first ever ICC CWC final to have a pitch which has been specifically chosen and prepared to their stipulation at the request of the team management and/or the hierarchy of the home nation board”.

Meanwhile, the ICC insisted there was nothing untoward with the change in pitch at the Wankhede.

“Changes to planned pitch rotations are common towards the end of an event of this length, and has already happened a couple of times,” said a spokesperson. “This change was made on the recommendation of the venue curator in conjunction with our host.”

Published in Dawn, November 16th, 2023

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UK parliamentarians to vote on Gaza ceasefire today

LONDON: Members of the UK House of Commons are likely to vote on Wednesday on an amendment brought by the Scottish National Party on an immediate ceasefire and halt to fighting in Gaza.

The motion was moved last week by the Scottish National Party, which said it intends to seek a vote calling on the UK government to “join the international community in urgently pressing all parties to agree to an immediate ceasefire”.

Last week, SNP Westminster leader Stephen Flynn said Prime Minister Rishi Sunak and Labour leader Sir Keir Starmer “cannot just sit on their hands” while “collective punishment” takes place.

A second amendment calling for a ceasefire has been tabled by a Labour backbencher. House of Commons Speaker Sir Lindsay Hoyle will decide if the amendments are selected for consideration, which would then lead to a vote.

Labour party ‘in turmoil’ over proposal

On Tuesday evening, multiple news reports suggested the Labour party is in turmoil over the impending ceasefire vote. The Guardian reported that Labour leader Keir Starmer is facing growing pressure to support the Labour amendment backing a ceasefire in Gaza to avoid the possibility of his own MPs voting for an SNP motion that will call for an immediate halt to the fighting.

In recent weeks, Starmer has said that a ceasefire would not be appropriate because it would embolden Hamas, but his comments have left the Labour party divided.

Dozens of MPs defied their leader to call for a ceasefire, with at least 19 members of the frontbench publicly contradicting their party’s official position.

Labour’s current position on the conflict between Israel and Hamas is to call for a “humanitarian pause” rather than a full ceasefire, which is the same position as the UK government and the United States.

“Everyone is begging [Starmer] to do it,” one Labour MP told the paper. Starmer is facing a backlash from multiple shadow ministers, who the paper said are “ready to resign rather than vote against calling for a ceasefire in the Middle East”, which Starmer has refused to back.

Last week, The Guardian reported that Labour figures are urging MPs not to “undermine the party in Scotland” by supporting the SNP motion demanding a ceasefire.

BBC reported that Starmer is considering putting Labour’s position on the conflict to a vote on Wednesday in an effort to maintain party unity. The report said Labour may back a separate amendment condemning Israel’s actions, without calling for a ceasefire amid fears that several frontbenchers might resign their positions in order to vote for the SNP motion.

“It’s better to give the party a position to unify behind, rather than asking them to sit on their hands during the SNP vote,” a party source told BBC.

Digital news site Politic Home quoted a Labour source as saying that Labour frontbenchers “may be sacked” if they vote for the SNP amendment calling for a ceasefire between Israel and Hamas.

Ahead of the vote, Amnesty International in a statement said it’s a “vital moment for all MPs to show they truly support the protection of civilians in Gaza and Israel”.

“A negotiated and comprehensive ceasefire would put a stop to unlawful attacks by all parties, halt the rapidly rising civilian death toll in Gaza and enable aid agencies to get life-saving aid, water and medical supplies into Gaza in response to what have been staggering levels of human suffering,” said Sacha Deshmukh, Amnesty International UK’s Chief Executive.

“A ceasefire is also likely to be essential to securing the release of the hostages captured on Oct 7. We call on all parties to allow MPs to have a free vote on this vital issue, and call on all MPs to get behind the vote and add their voice to mounting international concern at the catastrophic loss of civilian life in Israel and Gaza.”

Published in Dawn, November 15th, 2023

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From Pakistan’s record chase to timed-out controversy: Key first-round highlights of World Cup 2023

After almost six weeks of huge totals, shock wins, heartbreaking losses, records and controversies, the group stage of the Cricket World Cup ended on Sunday.

Ahead of the semi-finals, which get underway on Wednesday, AFP Sport looks at 10 highlights from the opening round:

South Africa, Markram in fast lane

The tournament was just two days old when South Africa’s Aiden Markram smashed the fastest World Cup century off 49 balls against Sri Lanka in New Delhi.

His team also entered the record books with the highest ever tournament total of 428 in a 102-run win.

Markram’s blitz bettered the 50 balls Ireland’s Kevin O’Brien needed to hit a 100 against England in Bengaluru in 2011.

However, Markram said he “wouldn’t be surprised” if his record was beaten by the end of the tournament. He was proved right by Glenn Maxwell just 18 days later.

Pakistan’s record chase

Abdullah Shafique celebrates after scoring a century against Sri Lanka on Oct 10. — AFP

Mohammad Rizwan and Abdullah Shafique made centuries as Pakistan chased down the highest target in World Cup history to beat Sri Lanka by six wickets in Hyderabad.

Rizwan overcame leg cramps to score 131 not out while Shafique hit 113 as Pakistan overhauled their 345-run target.

Sri Lanka’s imposing total of 344-9 was built around brilliant hundreds from Kusal Mendis and Sadeera Samarawickrama.

Afghanistan, Netherlands make mark

Afghanistan’s Mujeeb Ur Rahman (C) celebrates the wicket of England’s Chris Woakes during their 2023 ICC Men’s Cricket World Cup match at the Arun Jaitley Stadium in New Delhi on Oct 15. — AFP

Afghanistan pulled off one of the greatest World Cup shocks when they defeated defending champions England by 69 runs in New Delhi.

Chasing 285 to win, after opener Rahmanullah Gurbaz had hit a blistering 80, England were bowled out for 215 with spinners Mujeeb Ur Rahman and Rashid Khan claiming three wickets each.

Eight days later in Chennai, Afghanistan chased down 283 to shock neighbours Pakistan with Ibrahim Zadran, Rahmat Shah and Gurbaz all scoring fifties.

In between, the Netherlands exploited South Africa’s dislike of chasing by stunning the Proteas by 38 runs in what Dutch media described as “the miracle of Dharamsala”.

Record-breaker Maxwell — part 1

Australia’s Glenn Maxwell celebrates after scoring a century in the match against Netherlands at the Arun Jaitley Stadium in New Delhi on October 25, 2023. — AFP

Maxwell took Markram’s fastest World Cup century record by hitting a 41-ball hundred in Australia’s 309-run rout of the Netherlands at New Delhi.

Australia made 399-8 before the Dutch were dismissed for just 90 in 21 overs. Maxwell’s ton was also the fourth fastest century in all ODIs. South Africa’s AB de Villiers leads the way with his 31-ball century against the West Indies in Johannesburg in 2015.

Australia, New Zealand run festival

Jimmy Neesham of New Zealand got dismissed after a run-out as his team ended up on the losing side in a thrilling game against the Aussies — Via X

Australia edged out New Zealand by just five runs in the highest-scoring World Cup game in history in Dharamsala.

Australia scored 388 as Travis Head top-scored with 109 and fellow opener David Warner made 81.

New Zealand battled hard with Rachin Ravindra making 116.

With a total of 771 runs, it was the highest scoring game at a World Cup, beating the 754 scored in South Africa’s win against Sri Lanka earlier in the tournament.

India add to Sri Lanka woes

SRI LANKAN batter Angelo Mathews is castled by Indian pacer Mohammed Shami during their match at the Wankhede Stadium on Nov 2.—Reuters

Mohammed Shami took five wickets as Sri Lanka were bowled out for just 55 as India secured a semi-final place with a colossal 302-run win in Mumbai.

Sri Lanka’s woeful innings featured five noughts, with both their openers falling for golden ducks as they flopped in pursuit of 358.

Fakhar’s fireworks

Fakhar Zaman celebrates after scoring a century during the World Cup match against New Zealand at the M. Chinnaswamy Stadium on Nov 4.—AFP

Fakhar Zaman cracked a blistering century in a rain-affected and dramatic 21-run victory for Pakistan over New Zealand at Bengaluru.

The left-hander smashed 11 sixes and eight boundaries in his unbeaten 81-ball 126 as rain forced a premature end to the match with Pakistan 200-1 after 25.3 overs.

Rachin Ravindra hit his third century of the tournament while Kane Williamson scored 95 to help New Zealand pile up 401-6 in their 50 overs.

King Kohli

India’s Virat Kohli celebrates after reaching his 49th century, equalising with Sachin Tendulkar’s record of most number of ODI centuries in World Cup game against South Africa on Nov 5. — Reuters

Virat Kohli equalled Sachin Tendulkar’s record of 49 one-day international hundreds as India bowled out South Africa for just 83 in a 243-run rout with the superstar hailing his achievement as “the stuff of dreams”.

Kohli, on his 35th birthday, got to the landmark in 119 balls, including 10 fours, at Kolkata’s iconic Eden Gardens which was packed with around 70,000 fans.

It had taken him 277 innings to score 49 hundreds at this level compared to the more than 450 required by fellow India 2011 World Cup-winner Tendulkar.

Timed-out controversy

Sri Lanka’s Angelo Mathews branded Bangladesh captain Shakib Al Hasan as “disgraceful” after he became the first player in 146 years of international cricket to be given “timed out”.

Mathews was adjudged to be out after failing to take strike within the two-minute time limit when he came out to bat in New Delhi.

Shakib refused to withdraw the appeal.

“I had to take a decision to make sure that my team wins,” he said.

Record-breaker Maxwell — part 2

Australia’s Glenn Maxwell plays a shot during the 2023 ICC Men’s Cricket World Cup one-day international (ODI) match between Australia and Afghanistan at the Wankhede Stadium in Mumbai on November 7. — AFP

Australia captain Pat Cummins described it as “the greatest one-day innings ever played” as Glenn Maxwell’s stunning 201 not out guided Australia into the semi-finals in a sensational three-wicket victory over Afghanistan in Mumbai.

At 91-7, chasing 292, Australia were staring at defeat before Maxwell’s 128-ball innings which featured 21 fours and 10 sixes as he became just the third batsman to score a World Cup double century.

He achieved the mark despite battling cramps and back spasms which meant he was reduced to hobbling pace while Afghanistan were left to rue Mujeeb Ur Rahman dropping a simple catch when Maxwell had made just 33.

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