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Dawn Editorials and Opinions 24 June 2021
Dawn Editorials and Opinions 24 June 2021
process. Also, Afghan security forces stand on thousands of what are meant to
need to do more to protect their soil and be amenity plots, and alongside nullahs
people. For example, when the Taliban and river embankments. Last week, the
recently captured a key border town on Supreme Court came down hard on local
the Tajik frontier, Afghan forces quickly authorities for allowing encroachments
fled. The point is that the Afghans of various kinds. The three-judge bench
cannot rely on outsiders for their reminded them that the court had several
security permanently. The Afghan times decreed that 36,000 plots across
government needs to show that it is the city be cleared of encroachments. It
capable of administering and defending also ordered the demolition of a 15-
the country, while the Taliban must also storey high-rise known as Nasla Tower,
realise that any attempt to seize power a portion of which has, it said, been
on the battlefield will result in illegally constructed on land meant for a
prolonging the cycle of violence, as service road..
forces opposed to the militia will try and
dislodge them.. The apex court ordered the property
builders to refund the buyers of the
Published in Dawn, June 24th, 2021. residential and commercial units within
three months. However, it is not merely
Third-party interest - Newspaper - a question of refunds, the process to
DAWN.COM disburse which may well not be
Editorial 24 June 2021 completed within the time stipulated,
and also involve considerable effort on
WHAT should be done when third-party the part of the buyers. The demolition
interest has been created where will leave scores of people deprived of
construction has been done illegally? It their homes overnight for no fault of
is an important question involving theirs. What once appeared to be well-
people’s lives, that can be upended laid plans for a secure future will be in
when the courts take notice of building tatters. Notwithstanding the principle of
violations and order demolition of the caveat emptor or ‘buyer beware’, regular
unlawful structures. It is a sad fact citizens can scarcely be expected to
brought home time and again of late, know whether a particular project in
especially in Karachi, where buildings which they are investing their hard-
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earned savings is illegal. What makes Electricity Policy 2021 that will focus
the situation much more precarious from on long-term reforms in the power
the buyer’s point of view is that the sector for providing reliable, secure,
regulatory authorities supposed to be environment-friendly and affordable
looking out for the public are themselves electricity to consumers. The energy
complicit in the many scams playing out minister told a presser the other day that
on Karachi’s precious real estate. How people would see the impact of the new
else did the owners of residential and policy (on the economy) in the next five
commercial units being demolished for to 10 years. Generally speaking, the
having been built alongside the city’s formulation of a broad national
Gujjar nullah obtain leases and utility electricity policy targeting development
connections? Given the lack of scruples, of indigenous fuels for generation is
the chances of substandard construction welcome and will save the nation a lot
in such get-rich-quick schemes also of hard-earned dollars, make electricity
increase manifold. But it will take more affordable to all types of domestic
than fines or reimbursements to consumers and help to end the price
discourage avaricious builders and their volatility associated with fluctuation in
accomplices in officialdom. The the global energy markets. Further, the
individuals involved must be punished initiative will support the effort to move
to the fullest extent of the law, so that towards a competitive power market in
real deterrence is created. Meanwhile, the country and introduce transparency
an autonomous body should be set up to in the sector. Most importantly, the new
present practical solutions for affected document promises to focus on
citizens in such unfortunate situations.. increasing transmission capacity as the
system currently can transport 24,000
Published in Dawn, June 24th, 2021. MW against a generation capacity of
35,000 MW. This is the area where the
Electricity policy - Newspaper - government needs to drastically boost
DAWN.COM investment since the dearth of it is one
Editorial 24 June 2021 of the major reasons that surplus power
remains unutilised in spite of growing
THE Council of Common Interests has demand..
unanimously approved the National
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Although the policy does state the intent general debate on the federal budget last
of the authorities, it does not carry week, lawmakers, including ministers,
specific targets. For example, it is silent hurled budget books at each other in the
on privatisation of inefficient, loss- National Assembly. We had yet to
making distribution recover from this shocking behaviour
companies. Likewise, it does not clearly when another violent episode in
mention what local fuels will be Balochistan shook us. Opposition
preferred and how it plans to bring in members of the Balochistan Assembly
modern technologies. Perhaps the locked the assembly gates to prevent the
national action plan that would be presentation of the budget. An armoured
‘chalked out under the initiative’ will police vehicle rammed into the gate to
clearly define the targets for renewable make way for the chief minister to enter
energy, long-term hydel schemes, the premises and present the
development of local fuels, budget. Four opposition members were
improvement in power distribution, etc injured. Shoes were hurled at Chief
that the government aims to achieve Minister Jam Kamal Alyani as he
over the next 10 years. However, the entered the building. These were scenes
biggest challenge for the government nobody wanted outside the assembly on
will be the implementation of the policy budget day. Lawmakers are expected to
and alignment of its intent with the be inside for this important session..
targets of the other entities such as
NTDC, as well as the availability of However, this time the opposition chose
finances to execute reforms in the power to protest outside as the past two
market.. budgets were enough to inform them of
the government’s unfair approach
Published in Dawn, June 24th, 2021. towards their constituencies. Most of the
development funds were directed to
Budget protests - Newspaper - districts where the Balochistan Awami
DAWN.COM Party won in the 2018 elections. The
By Maryum Zia Baloch development needs of the rest of the
province were ignored. A repeat of this
THE events of this year’s budget will discriminatory exercise was feared when
haunt us going forward. During a the opposition saw no signs of a pre-
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projects proposed in development plans are only a few kilometres long and not
wasn’t on the opposition’s agenda enough for the upgradation of
either. The clash between the Balochistan’s communication
government and opposition seems to be infrastructure. The same goes for
over who gets what and an increase in education as most of the schools in the
the share of constituency funds. . plan have few classrooms and this will
hardly help improve educational
When annual development plans are outcomes. As long as the development
used for enhancing election chances and budget remains a ground for political
favouring political opponents of and personal gains, public money will
lawmakers through uplift funds, not be spent on the welfare and well-
development outcomes and service being of society. .
delivery for the general population
remain missing from the agenda. The The writer is a research analyst at the
sole objective is to secure as many funds World Bank and a Fulbright alumna..
as one can. This reduces the ef-
fectiveness of development expenditure, Twitter: @MerryBaloch.
and the development needs of the
Published in Dawn, June 24th, 2021.
province remain unmet. For example,
Gwadar University, for which people
Another’s eyes - Newspaper -
campaigned online and offline, wasn’t
DAWN.COM
made part of the development plan this
year. It suggests that the government By FS Aijazuddin
does not care about the demands and
needs of Gwadar’s youth. . WHEN our leaders are being
manufactured without any quality
By looking at the budget’s size and the control, it helps to examine them
number of schemes planned, one can tell through another’s eyes, rather than the
it wasn’t made to fulfil the development mirror of self-adulation..
needs of the province but to satisfy
ministers and assembly members. The In 1958, the governor general, Ghulam
communication and education schemes Mohammad, attempted to hand over
give an idea of this. The roads proposed authority to Gen Ayub Khan. He
“commanded him to produce a
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Another former prime minister and Lon- Imran Khan’s choicest contempt is
don resident at Her Majesty’s pleasure reserved for his immediate, elusive
— Shaukat Aziz — might prefer not to predecessor Nawaz Sharif. In clinical
be reminded when, as prime minister, he notes of which Dr Freud would have
“tried this Saville Row-suited gigolo been proud, PM Khan analysed that
kind of charm” on US secretary of state Nawaz’s “real dream was to have been
Condoleeza Rice. She “stared him the captain of the Pakistan cricket
down. By the end of the meeting, he was team”. And in a hilarious dismissal of
babbling”.. Nawaz Sharif’s cricketing pretensions,
he described how Nawaz Sharif
The US saw and sees Pakistan quite volunteered to be the opening batsman
differently, less long-term. Condoleeza against the West Indies fast bowlers,
Rice’s summation of US-Pak relations facing them with nothing more than “his
could have been written for today: batting pads, a floppy hat — and a
“Pakistan is like a critically ill smile”. Mercifully, Nawaz Sharif was
patient. You know, you get up every bowled out on the second ball..
day, you take the pulse, you deal with
whatever fever has set in overnight and Being prime minister, as Zulfikar Ali
you just try to keep it alive for the next Bhutto, Nawaz Sharif and now Imran
day.”. Khan have discovered, involves more
than facing fast balls, googlies,
Another playboy-turned-prime minister bouncers, and bruisers. When Zulfikar
published his memoirs as a prelude to Ali Bhutto refused to roll back our nuc-
assuming office. It contains unvarnished lear programme, Dr Kissinger
sketches of today’s leadership. Of Asif threatened to make “a horrible example”
Ali Zardari, he wrote that he became of Pakistan. When Nawaz Sharif
president through the words of a detonated the first nuclear explosion at
testamentary will “that no one has been Chagai in 1998, he braved US
able to authenticate”. He castigated sanctions. Refusal to allow US
Zardari for importuning the Americans monitoring windows could invoke
to give him “economic resources so that similar retaliation..
I can win over the people, so that there
is something in it for them”..
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One wonders whether Imran Khan had economy. We got a first glimpse of this
foreseen such a spectre when, as he when the government proudly
says, he day-dreamed that one day the announced that a $1.5 billion “oil
Pakistan Test Team would discover that facility” from Saudi Arabia has been
they were a player short, and that he agreed and will begin from
would put up his hand, be selected “and July. Pakistan imports anywhere from
be brought on to suddenly become a $6bn to $10bn of petroleum products
hero”. . (including crude) in a year, so the
amount of the facility is barely enough
The writer is an author.. to cover two to three months of our
requirement, but when spread out over a
www.fsaijazuddin.pk.
longer period, it will certainly take some
Published in Dawn, June 24th, 2021. pressure off the import bill and allow the
government some room to keep oil
Between boom and bust - Newspaper - prices relatively stable at the pump
DAWN.COM while at the same time increasing the
petroleum development levy, perhaps
By Khurram Hussain
not by the amount required to meet the
target of Rs610bn collection from it this
A MASSIVE bet has been placed. The
year. But it is entirely possible that the
forthcoming fiscal year, that begins in
size of the facility will be increased
July 2020 and runs till June 2021, could
down the road..
either prove to be the turning point the
government is placing all its bets on, or These ‘administrative
the year in which the hybrid experiment measures’ they’re talking
unravels. It is hard to see a middle about are the policy
course at this time, although it’s still equivalent of a red herring..
possible for this set-up to limp along and
scrape out another year for itself.. It is worth noting that the government of
Pakistan announced the deal a day after
The turning point will come if the bet the outcome of the election in Iran was
pays off. The bet is that outside help is announced, in which hard-liner Ebrahim
about to arrive in quantities large Raisi won and is set to be sworn in as
enough to underwrite a boom in the
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president in August, the same month in about why those talks ended
which the Saudi Arabian crown prince is inconclusively. This will be our first
likely visit Pakistan. That visit was indication on where exactly things
originally supposed to take place after stand. In the past, the IMF has felt free
Eid, according to word put out by senior to talk about where problems have
government ministers after the prime arisen during these reviews, especially
minister’s visit to the kingdom in May, where they failed in reaching an
which was itself preceded by a visit to agreement. We know this time there are
Tehran by Pakistan’s Foreign Minister problems, which is why the review was
Shah Mahmood Qureshi by a few left inconclusive, the tranche not
weeks.. released. What we don’t have are
specifics, and it is possible we will get
A diplomatic game seems to be on and some clues to that in the press
Pakistan has succeeded in breaking the conference later today..
ice with the kingdom for now, and the
oil facility appears to be a token of But if Gerry Rice, the spokesperson of
acknowledgement of this. But the real the IMF who will be conducting the
prize will come from the US and for that presser, sugar-coats his answer or
all eyes are on the IMF at the moment, sidesteps the question of what specific
since that is where the first hint of problems prevented a staff-level
another icebreaker event will come agreement from being reached in these
from.. talks, it will be our first clear indication
that geopolitical muscle is being applied
Today (Thursday) at 6:30pm local time on the Fund. If that happens we can be
the IMF is holding its first press reasonably certain that the government
conference since the budget was is going to get its way, and that includes
announced and the ongoing review talks not just significant modifications to the
between the government and the Fund programme as envisioned in the last
ended without an agreement. The IMF staff report, but quite possibly also an
spokesperson will be taking questions augmentation of funds of around $2bn
from journalists around the world on all by August or September this
issues that the Fund is involved in, but year. Nothing less will do..
undoubtedly he will say something
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The problems will arise if the bet standing on two legs only: free oil and
fails. For some reason, if they fail to free dollars from abroad..
secure the external support that they
need to pull off what they are trying to All they need is two years — 2023 is
do — spend their way out of the when the hybrid experiment has to turn
doldrums — then this may well be the to the people for a new mandate. From
year the experiment begins to the way they are behaving it is clear that
unravel. Their own budget is unravelling losing is not an option for them. And
fast, starting less than 24 hours after its they cannot win on the strength of their
announcement on the floor of own track record — they themselves
parliament, when the finance minister know that. They will do whatever they
admitted the next day that a particular have to do to win the next round. That is
tax on internet and cellular services was the game that has just been launched
included by accident even though it was with the budget, and that is the path they
not approved by the cabinet. That tax are now gearing up to walk. The oil
was supposed to bring in around facility was the first milestone. The IMF
Rs100bn, but when it was withdrawn is the second. .
and reporters asked how they intend to
The writer is a business and economy
fill the hole left behind in the revenue
journalist..
plan, the only answer they got was “it
will be done through administrative khurram.husain@gmail.com.
measures”..
Twitter: @khurramhusain.
That, of course, is no answer. These
‘administrative measures’ they’re Published in Dawn, June 24th, 2021.
talking about are the policy equivalent
of a red herring. Since then, one after Judging without law - Newspaper -
another revenue line is coming under DAWN.COM
attack and industry players are betting By Faisal Saddiqi
that those will also be withdrawn, given
enough pressure. Ultimately the budget, “A judge trying to do justice by ignoring
and its aim to pump growth, will be left or disregarding the law does so at the
peril of shaking the very foundation of
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orders relating to demolitions and Faez Isa, Justice Mansoor Ali Shah and
dispossession are passed without hearing Justice Yahya Afridi in various
the multiple persons who would be judgements and dissents, as well as
affected by such drastic orders. In short, former chief justice Asif Saeed Khosa
justice becomes a victim of judicial during his tenure, have emphasised the
efficiency. . importance of following and evolving a
procedure to exercise this original
Secondly, since these are complex and Supreme Court jurisdiction, till today no
structural problems, the court is seen to detailed procedure has been evolved to
act on preconceived (though not mala exercise this jurisdiction under Article
fide) notions, such as the poor 184(3). .
encroaching on land, builders and
businessmen being part of a mafia and This is especially surprising because
public servants being incompetent or nearly every other judicial power
corrupt. In other words, cases are seen exercised by the magistrate up to the
as being partially predetermined, with appellate jurisdiction exercised by the
hearings a mere formality. Therefore, Supreme Court itself is subjected to a
these proceedings lead to a violation of detailed civil and criminal procedure as
the cornerstone of all judicial systems, to when, how and to what ends such
namely a fair hearing ie a judicial powers are to be exercised. Judicial
adjudication which is calm, well procedure is critical because it gives
considered and without preconceived certainty and predictability to the
notions. . judicial process as well as controls the
misapplication of judicial power..
No procedure: An examination of
Article 184(3) as well as the Supreme No appeal: Proceedings under Article
Court Rules shows that the apex court 184(3) begin and end at the Supreme
has yet to formulate a detailed Court. There is no right of appeal nor
procedure, including procedural any right of challenge before any other
safeguards, to conduct such crucial cases independent judicial forum. Only a
that have far-reaching impacts on limited right of review is given before
people’s lives. Even though various the very same judges who passed the
judges over the years including Justice original order. It is precisely for this
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reason that Justice Faez Isa and Justice an inherent and dire need for judicial
Yahya Afridi in their judgements and introspection; to structure the unfettered
dissents have advised caution in the discretion of the worthy Chief Justice of
exercise of this jurisdiction. Even the Supreme Court to constitute benches
otherwise, such judicial adjudication of the Supreme Court to hear and decide
without the right of appeal is an cases under Article 184(3), and in
anomaly in our judicial system. . particular, suo motuactions,lest the
exercise of such jurisdiction may be
Rights or desires: The sole purpose of seen to have been abused”. Considering
Article 184(3) is to enforce fundamental the far-reaching implications of this
rights in matters of public importance, jurisdiction, it is imperative that such
and even though projects like the cases should be heard by a larger bench
Karachi Circular Railway or fixing of five judges (eg as in the Indian
encroachment problems in Karachi may Supreme Court), preferably by the
be desirable, the Supreme Court is the senior-most Supreme Court judges, and
highest constitutional court and should furthermore, the sole power of the chief
not be converted into a development or justice of Pakistan to constitute benches
anti-encroachment department, which is needs immediate reform. .
within the domain of the
executive. More importantly, while No one doubts the bona fide intentions
pursuing these desired judicial projects, of the chief justice to reform Karachi or
it is imperative that the fundamental Sindh but in a country where there are
rights of property, dignity, fair judicial over 51,000 cases pending before the
process and protecting livelihoods apex court (the highest pendency in the
should not be ignored. In short, judicial court’s history), is it impolite to request
desires should not trump fundamental that such reformation should begin first
rights. . at the Supreme Court? .
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