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Abraaj founder sought to buy influence with Sharifs, says WSJ

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KARACHI: Arif Naqvi, the embattled founder of Dubai-based Abraaj Group, allegedly paid $20 million to businessman Navaid Malik for his assistance in securing cooperation of Sharif brothers for K-Electric sale, claims an article published in The Wall Street Journal (WSJ) on Tuesday.

The article alleges Malik was tasked with securing cooperation from Nawaz Sharif — former prime minister — and Shahbaz Sharif – former chief minister Punjab — to help Naqvi sell Abraaj’s stake in K-Electric. The Government of Pakistan owns a 24.6 per cent stake in the Karachi-based power utility.

After reviewing company documents and emails, WSJ claims that Omar Lodhi — partner at Abraaj — in October 2015 informed Naqvi of Malik’s assurance that former chief minister Shahbaz Sharif was “willing to give a strong endorsement” of the K-Electric deal to Chinese bidders.

The email also attributes the businessman saying it is “important for him to share every detail with the brothers and get their blessings as well as their instructions as to how this money [$20 million] should be distributed,” such as “a portion to charity” or “a portion to the election fund kitty”.

Abraaj’s undoing began in February when an article from WSJ reported that investors were questioning the use of their investments destined for company’s healthcare fund. Naqvi set up a healthcare fund by securing commitments from Bill and Melinda Gates Foundation and other Western Institutions. The fund’s investments include Islamabad Diagnostic Centre in Pakistan and hospital chain Quality Care India.

The article claims that, “documents from liquidators, auditors and investors show that Abraaj moved investor money meant for hospitals and companies into accounts that paid its own expenses, salaries and loans. Abraaj founder Arif Naqvi denies any wrongdoing and says the transfers were appropriate.”

The article which highlights some of the known details of the fund’s collapse include using investor’s money to pay for its own expenses, borrowing money against its own stakes in its funds and a highly unstable business model. The article alleges that, “Abraaj has defaulted on more than $1 billion of debt.”

The firm also allegedly cooked its books when Gates Foundation asked Abraaj for bank statements of the accounts that held money for the healthcare fund. Following the request on Nov 30, 2017, Abraaj borrowed $140m from Air Arabia and transferred $29m from its own treasury in to the healthcare fund’s account on Dec 5, 2017. However, after providing investors with a letter from Commercial Bank of Dubai confirming the presence of funds [$170m] in healthcare account, the company repaid $140m to Air Arabia and transferred $10m into Abraaj Treasury on Dec 13, 2017.

During investigations conducted in 2018, “lawyers for investors in the fund wrote to Abraaj stating that the balance of the fund had been just $16,186 on Dec 1, 2017 and $9.98m on Dec 15 and that Abraaj’s transfer of the Air Arabia money to the fund was ‘plainly improper.

The firm was able to attract massive investments for its use of private capital to solve social problems in the emerging markets but has damaged the trust in the entire movement after the fallout. The undoing of the fund has also raised questions on Dubai’s regulatory environment.

The article also alleges that Naqvi transferred more than $200m to his personal accounts, companies linked to him, his family and his former assistant.

Naqvi denies WSJ allegations

Naqvi, however claims that, he was “perfectly entitled to direct” funds from Abraaj and claims that there was nothing untoward about those transfers to his personal accounts or his family. Payments were recorded as his personal liability to the company, Naqvi said.

In his statement, Naqvi said that he denies being part of any conversation that involved a payment to anyone in political office to facilitate the sale of K-Electric. He said Malik was an Abraaj adviser on a variety of activities and that the contract was part of a lengthy discussion about the terms of that role. He said the final agreement “ensured that no conflict of interest would occur.” He said he called it “explosive” due to a reference to the potential sale of K-Electric, which was confidential at the time.

Naqvi said he was entitled to draw down funds from Abraaj, including for his sons and The Modist, an online luxury-clothing retailer started by his former assistant Ghizlan Guenez. No payments were made directly to Ms Guenez, he said. His sons declined to comment. The Modist said Naqvi is a personal investor in the company.

Naqvi said, “Abraaj did not transfer any loans from Air Arabia into the healthcare fund to conceal money missing from the fund since money was always available to the fund on a demand deposit basis.” He said Abraaj used money from the healthcare fund “on a temporary basis for general corporate purposes.”

Published in Dawn, October 18th, 2018


SC seeks details of funds allocated for disabled persons by federal, provincial govts in last 5 year

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The Supreme Court on Thursday ordered the federal and provincial governments to provide details of funds reserved for disabled persons in their budgets of the last five years.

A three-judge bench headed by Justice Azmat Saeed was hearing a petition filed by a number of disabled persons seeking directions for all provincial governments to formulate a uniform policy for the appointment of disabled people in government jobs.

The court also directed the governments to submit affidavits reaffirming they have been implementing the laws regarding the employment of disabled persons.

The governments were also instructed to state whether there is a need for more legislation to be done for the cause of physically challenged people or not.

"The government should inform whether it plans to do anything or not," Justice Saeed remarked during the hearing. "If it doesn't want to do anything, it should tell disabled persons the same."

Inamuddin, one of the petitioners, requested the court to order all provincial governments to draft a uniform policy for disabled people.

But Justice Saeed observed that a policy could only be formulated in view of available resources. "We want to end this issue by putting it on a fast-track," he added.

The judge expressed the hope that the four provinces will compete against each other in taking steps to improve the conditions for disabled persons.

Peshawar High Court sets aside sentences of 74 convicted by military court

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The Peshawar High Court on Thursday set aside the punishments awarded to 74 convicts by military courts in various cases of terrorism.

Accepting their appeals against the military courts' verdicts, a two-member bench comprising Chief Justice Waqar Ahmad Seth and Justice Lal Jan Khattak overturned the death and life sentences that were handed to the convicts.

The court overturned their sentences after concluding that the charges against the accused had not been proven beyond a shadow of a doubt.

Though a short order, the bench ordered that the convicts be released.

Military courts

Military courts were disbanded on January 7, 2017, after the expiration of a sunset clause included in the legal provisions under which the tribunals were established.

However, on March 31, 2017 then president Mamnoon Hussain gave his formal assent to the Pakistan Army Act 2017 and the 23rd Constitutional Amendment Bill ─ the two pieces of legislation aimed at granting legal cover to military courts ─ after they were cleared by the parliament.

The courts were subsequently revived for two years and given legal cover from the day of their disbandment.

NAB issues arrest warrants for ex-minister Jam Khan Shoro for alleged corruption

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The National Accountability Bureau (NAB) has issued arrest warrants for former Pakistan Peoples Party (PPP) MPA Jam Khan Shoro for his alleged involvement in corruption, DawnNewsTV reported on Thursday.

A team has been dispatched to arrest Shoro, a press release issued by the anti-corruption watchdog said.

Shoro, is facing allegations of illegally allotting 19 plots of the Karachi Development Authority that were worth Rs1 billion.

A NAB official who wished to remain anonymous confirmed that the warrants had been issued and added that the bureau had enough evidence against the former minister to take him into custody and begin cross-examining him. According to the official, Shoro could be arrested any time today.

Soon after NAB issued his arrest warrants, Shoro approached the Sindh High Court for pre-arrest bail. The request was accepted and he was granted protective bail till Nov 8 against surety bonds worth Rs1 million.

Wajid Zia says letter from Qatari royal seems to be part of a 'fictional myth'

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The Panamagate joint investigation team (JIT) head and the National Accountability Bureau's (NAB) key witness in the Flagship Investment reference, Wajid Zia, on Thursday claimed that "we [the JIT] believed the letter from Qatari royal Hamad Bin Jassim Bin Jaber Al-Thani seemed to be a fictional myth than fact".

While recording his statement in court, Zia said that the Qatari prince tried to use delaying tactics when the JIT asked him to record a formal statement about his letter.

"Later, he asked for assurances that he would not be produced in any Pakistani court," Zia added. He also told the court that the Qatari royal had initially even refused to record a statement at all.

Explaining how he came to the conclusion that the Qatari letter and the documents of transaction with the Qatari prince were fake, Zia said that Hussain Nawaz had told the JIT that he had showed the documents of the settlement with the Qataris to his brother, Hassan Nawaz.

"Hassan Nawaz, on the other hand, denied ever seeing these documents," Zia said in his statement.

"The JIT came to the conclusion that these documents were fake, and were created to fill a gap in the money trail," he added.

Objecting to this, Sharifs' lawyer Khawaja Haris said that Wajid Zia's personal opinion was not acceptable testimony.

Concluding his statement in court, Zia said that Hassan Nawaz had failed to explain the means through which Flagship Investment and other companies were formed.

"Hassan Nawaz provided funds from unidentified sources in the form of loans to these companies," Zia added.

He told the court that the JIT had taken a look at the financial statements of the companies formed under Flagship Investment and all of these financial details of the properties are to be found in Volume 7 of the JIT report.

According to the charge-sheet against the former premier, Sharif had told the JIT that he was a shareholder in 15 companies, including Flagship Invest­ments, Hartstone Properties, Que Holdings, Quint Eaton Place 2, Quint Saloane, Quaint, Flagship Securities, Quint Gloucester Place, Quint Paddington, Flagship Developments, Alanna Services (BVI), Lankin SA (BVI), Chadron, Ansbacher, Coomber and Capital FZE, Dubai.

Sharif was indicted in the corruption case last year.

SC seeks details of funds allocated for disabled persons by federal, provincial govts in last 5 years

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The Supreme Court on Thursday ordered the federal and provincial governments to provide details of funds reserved for disabled persons in their budgets of the last five years.

A three-judge bench headed by Justice Azmat Saeed was hearing a petition filed by a number of disabled persons seeking directions for all provincial governments to formulate a uniform policy for the appointment of disabled people in government jobs.

The court also directed the governments to submit affidavits reaffirming they have been implementing the laws regarding the employment of persons with disabilities.

See: No comprehensive laws for welfare of disabled people in Pakistan: report

The governments were also instructed to state whether there is a need for more legislation to be done for the cause of physically challenged people or not.

"The government should inform whether it plans to do anything or not," Justice Saeed remarked during the hearing. "If it doesn't want to do anything, it should tell disabled persons the same."

Inamuddin, one of the petitioners, requested the court to order all provincial governments to draft a uniform policy for disabled people. He said disabled people wanted to take up jobs, instead of begging on the streets.

But Justice Saeed observed that a policy could only be formulated in view of available resources. "We want to end this issue by putting it on a fast track," he added.

The judge expressed the hope that the four provinces will compete against each other in taking steps to improve the conditions for disabled persons.

Petitioner Mohammad Bilal informed the court that healthy people are often recruited on the quota for disabled persons.

"[We] are aware that even people with a bruised finger are given jobs on the quota for disabled people," Justice Saeed commented.

The court warned that it will take action against non-compliance of its orders if the governments do not submit reports as directed by the bench. The hearing was subsequently adjourned until November 26.

ECP notifies victory of 22 candidates, withholds notices of 13 others for not disclosing campaign costs

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The Election Commission of Pakistan (ECP) on Thursday notified 22 candidates who had emerged successful in the October 14 by-elections, however, it withheld victory notifications of 13 candidates for not disclosing the cost of their respective election campaigns.

Notifications were issued to seven candidates of the National Assembly, eight candidates of the Punjab Assembly, three candidates of the Khyber Pakhtunkhwa Assembly, and two candidates each of the Sindh and Balochistan assemblies.

Of those that were issued notices included Khwaja Saad Rafique who had contested for the NA-131 Lahore seat, Chaudhry Salik Hussain who stood from NA-65 Chakwal, and Moonis Elahi who ran for the by-elections from the NA-69 Gujrat constituency.

Besides these, Shaikh Rashid Shafique who won from NA-60 Rawalpindi, Zahid Ikram Durrani who secured victory in NA-35 Bannu, Malik Sohail Khan who triumphed in the NA-56 Attock by-polls, and Alamgir Khan who emerged successful from NA-243 Karachi were all issued notifications by the commission.

ECP did not issue notifications to 13 successful candidates who had failed to provide details of the cost incurred during election campaigning activities. Among those whose notifications were withheld include Shahid Khaqan Abbasi, Ali Awan, Mansoor Hayat Khan and Ali Gohar Khan.

The commission also directed all members of the National Assembly and provincial assemblies to submit their statement of accounts for the current financial year as well as those of their family members by December 31.

The parliamentary members who fail to provide their yearly statement of accounts with details including property inherited or otherwise; bank account details; cash, jewellery in possession; cars owned, etc will have their membership suspended on January 16, the commission warned.

SC orders forensic audit of Thar coal project

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ISLAMABAD: The Supreme Court on Thursday ordered a forensic audit of the Thar coal project, directing the National Accountability Bureau (NAB) to probe the matter and submit a report within 15 days.

The apex court also sought a response from the Sindh government on the implementation of a report’s recommendations to avert environmental threats from the Thar coal gasification project.

A three-judge SC bench headed by Chief Justice of Pakistan Mian Saqib Nisar while hearing the suo motu case on the Thar coal project asked the Auditor General of Pakistan to carry out an audit of the project on a war footing and ordered the chief secretary of Sindh to take into safe custody all equipment and machinery of the project.

CJP regrets Dr Mubarakmand made false claims about the plant

The chief secretary was also directed to take photographs of all equipment and record the same in a register, besides preparing a report on payment of salaries to people associated with the project.

During the course of hearing, the CJP observed that the coal gasification project caused a loss of billions of rupees to the government. He noted that 100MW of electricity was to be generated by the project which was shut down after production of merely 8MW.

He observed that someone should accept the responsibility for the botched project which had caused a colossal loss to the country. He regretted that nuclear scientist Dr Samar Mubarakmand had made false claims about the project that it would generate 100MW.

The court was earlier informed that the project caused a loss to the tune of billions of rupees to the exchequer. It was informed that the coal gasification was likely to result in underground changes that might adversely impact the environment.

Justice Faisal Arab said the Thar coal gasification project had been abandoned as it was unworkable.

The Advocate General of Sindh told the court that the federal government had provided an amount of Rs4.5 billion for the project. He said the project was closed due to presence of water in coal that could have been damaging for the environment.

The CJP said the architects of the project did not take into account the risk of an accident that it could cause.

Dr Mubarakmand told the court that regular reports of soil tests were sent to the provincial government. He said the project had not failed, claiming that it had produced 2500MW of electricity.

The Advocate General of Sindh said the technology of conversion of coal into gas was there, but it had not been assessed as to what underground changes it might bring.

The NAB’s prosecutor general said prima facie the project was not viable.

Amicus curiae Salman Akram Raja said a claim had been made that the project would produce 10,000MW of electricity for 30 years.

CJP Nisar said false claims of generating cheap electricity were made and billions of rupees had been spent on the project. “Who is responsible of wastage of Rs4 billion. Will Samar Mubarakmand return the money or someone else?”

Mr Raja said the third audit of the project had recommended that no further funding should be provided for it, adding it had suggested that the Sindh government should give the project to the private sector. He proposed an audit of accounts of the project to identify irregularities in it.

NAB prosecutor Asghar Haider in a report said according to experts underground coal gasification was not possible.

Dr Mubarakmand said the project had not affected the environment. He said an Australian company was also working on the underground coal gasification, but left the country due to incidents of terrorism.

“I knew you would say this,” CJP Nisar said in response to Dr Mubarakmand’s claim. “When you made these claims, they were romanticised and it was said that free electricity will be provided, but the national exchequer suffered a loss of Rs4 billion,” he remarked.

Mr Raja and Shahzad Elahi submitted their written suggestions to the court. In the light of reports of the amici curiae, the court sought response from the federal and Sindh governments within 15 days and adjourned proceedings without announcing the next date of hearing.

Published in Dawn, October 19th, 2018


NAB seeks details about minister’s assets from UK

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LAHORE: The National Accountability Bureau (NAB) has approached authorities in the United Kingdom with a request to give details of assets of Punjab’s senior minister for local government and community development Abdul Aleem Khan, it emerged on Thursday.

“NAB has written to the UK authorities about details of his assets [flats]. Mr Aleem had provided details of assets abroad to NAB during investigation into his offshore company [revealed in the Panama Papers] and assets beyond his known sources of income, but the bureau wants to cross-check,” a source said.

NAB spokesman Nawazish Ali Asim expressed his ignorance about the matter when Dawn sought his comment.

Mr Aleem, the president of Pakistan Tehreek-i-Insaf’s Central Punjab chapter, had earlier appeared before NAB officials and recorded his statement regarding the offshore company. The bureau also received record of his tax returns, remittances and bank transactions from the Federal Board of Revenue and the State Bank of Pakistan.

Published in Dawn, October 19th, 2018

Public protest may intensify if accountability process turns vindictive, warns Chandio

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HYDERABAD: Pakistan Peoples Party-Parliamen­tarians (PPP-P) information secretary Senator Moula Bux Chandio has said that if [the ongoing] accountability pro­cess turned vindictive, then the pace of public protest might accelerate.

“There should be differ­ence between accountability and vengeance,” he stressed while speaking to the media after attending a programme held at the district council lawns here on Thursday to mark the 11th anniversary of Karsaz carnage, in which several hundred participants in former prime minister Benazir Bhutto’s home­coming rally were killed and injured.

Referring to the National Accountability Bureau refer­e­nces and other corruption cases against ousted prime minister Nawaz Sharif and his brother, former Punjab chief minister Shahbaz Sharif, Mr Chandio said that the Sharifs were now facing the accountability which they had themselves been making others face during their rule.

“The PPP leadership [in the past] used to tell them to avoid politics of account­ability as they may also have to face the same,” he recalled.

“Now only God can save them [from conviction], given the nature of their cases,” he remarked.

Paying homage to the ‘martyrs of democracy’, Mr Chandio said that [PPP founder chairman] Zulfikar Ali Bhutto was murdered for advocating democracy and his daughter Benazir Bhutto for having won popular support. He, however, stres­sed that there must be trans­parency in the accountability process; it should not become vengeance. He said that if justice was ensured, then nobody would have objection but in the other case, the pace of public protest might accelerate.

Criticising Prime Minister Imran Khan, the senior PPP leader said that while terrorist activities had been at their peak in the country, Mr Khan was engaged in holding public meetings in Fata [Federally Administ­ered Tribal Areas]. He had not uttered a single word against terrorism, Mr Chan­dio added. “Such kind of people are introduced in the system to make people lose their trust in democracy”.

Commenting on the performance of the present government so far, Mr Chandio observed that Mr Khan had not yet fulfilled a single promise he had made to the masses. He said making tall claims and celebrating things were not enough. The prime minister should address the public issues which had already been identified. “People are least concerned about sale of buffaloes and vehicles of former prime minister; or which room of the PM House their prime minister lives in,” he added.

Given performance of PTI government’s 50 days, it appeared that perhaps only the prime minister and a few ministers would be left in that party, he remarked.

He said Mr Khan used to talk about [checking] price hike but he himself pushed up inflation in the country. He said the PTI chairman also used to criticise PPP over drought conditions in Thar but his own party’s governor and ministers were given red carpet welcome amidst Tharis’ thatched houses. “There has to be some sense and ethics on their [PTI’s] part at least; they should be ashamed of it,” he said.

“There is a minister [in the PTI government] who is talking about reducing water supplies to Sindh; it’s not that easy to block water supply to an entire nation,” Mr Chan­dio said.

Addressing participants in the anniversary programme, he said “workers have to avenge murder of Z.A. Bhu­tto collectively. It could be avenged only by providing basic amenities to the masses for which Bhutto had stood”.

Published in Dawn, October 19th, 2018

Repeated absence of Chinese contractor irks water commission

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KARACHI: The Supreme Court-mandated commission on water and sanitation in Sindh on Thursday expressed displeasure over the repeated absence of the chairman of a Chinese sanitation company working in Karachi and summoned him yet again on Oct 25.

The commission headed by former Supreme Court judge Justice Amir Hani Muslim has been summoning the chairman of the Changyi Kangjie Sanitation Engineering Company for the past many hearings regarding fulfilment of the contract.

In the past, the commission had expressed dissatisfaction over the working of the Chinese firm tasked with disposal of garbage in South and East districts of Karachi and directed the chairman of the company to appear in person after the managing director of Sindh Solid Waste Management Board (SSWMB) submitted a progress report regarding disposal of municipal waste in both districts and non-compliance of the contractor with the terms and conditions under which the contract was awarded to him.

When the matter came up on Thursday, an associate of Advocate Javed Qazi, who is representing the chairman, contended that the chairman needed more time to appear since according to the chairman he was engaged in China in some matters which were not known to his lawyer. Justice Muslim observed that it appeared that the company was testing the patience of the commission.

In these given circumstances, Advocate Qazi, who is out of the country and likely to come back in a day or two, is directed to appear on Oct 25 along with the chairman, failing which consequence will follow, it added.

Conversion of industrial plots

Meanwhile, the commission adjourned a matter regarding conversion of industrial plots into commercial ones within the industrial zones of Karachi as well as in other parts of the province by consent of both sides till Oct 29.

However, it issued notices to the secretaries of education and industries and other respondents for Oct 29 on an application of Advocate Tariq Mansoor.

The applicant contended that the status of a five-acre industrial plot in SITE was illegally converted into commercial in 2010 and a private school was set up on it, maintaining that the school was also adjacent to the sewerage treatment plant (STP-3), risking the health of students.

Published in Dawn, October 19th, 2018

50 rescued from Babusar Pass, Deosai plains

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GILGIT: Army personnel rescued on Thursday more than 50 people, including a foreigner and 20 local tourists, who were stranded at Babusar Pass and Deosai plains due to heavy snowfall.

Army helicopters airlifted the affected people, including children and women, who had been stranded at Babusar Pass and Deosai plains since Sunday.

A press release issued by the ISPR said that about 20 people got stuck at Babusar Pass on Wednesday because of heavy snowfall. They were rescued by the Army Aviation’s helicopters in an operation led by Commander FCNA Maj Gen Ehsan Mehmood Khan.

The condition of the foreign female tourist airlifted from Deosai to Skardu was said to be stable.

35 people from Diamer district of GB stranded at Lalusar for last three days

The army and civil administration officials cleared the road with the help of machinery, said the press release.

Spokesman for the Gilgit-Baltistan government Faizullah Faraq told Dawn that around 40 of the 50 people rescued from atop Deosai and Babusar were children and women, mostly shepherds and labourers stranded at Behsal, Gatidas and Jalkhat areas. Around 20 were tourists, including a woman cyclist from Germany, and wildlife employees.

Mr Faraq said all the rescued people were safe and united with their families. At least 35 people from Diamer district of GB were still stranded at Gatidas, Jalkhat and Bahsal areas of Lalusar near Babusar Pass for the last three days following heavy snowfall, he added.

The Lalusar area is situated on boundary of GB and Khyber Pakhtunkhwa. Land link between the two sides has been cut since Sunday and rescue operation is yet to start because of continued snowfall. Relatives were worried about their survival.

According to police, shepherds and labourers living in Diamer shift to Gatidas, Jalkhat and Bahsal areas along with their livestock in June and return by November.

They said snowfall usually began in November, but this year it started earlier, closing Babusar Pass road for all traffic.

Published in Dawn, October 19th, 2018

Oct 20 deadline for mobile phone registration extended indefinitely

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ISLAMABAD: Succumbing to pressure from some lawmakers, the Pakistan Telecommunications Authority (PTA) has extended indefinitely the Oct 20 deadline for registration of mobile phones.

After the Senate Standing Committee on information technology directed the PTA not to block mobile phones until the committee approved its Device Identification, Registration and Blocking System (DIRBS) mechanism, the authority said in a statement on Thursday that the Oct 20 deadline had been extended indefinitely.

The committee members were of the view that the system had spread panic amongst mobile phone users.

Senate committee tells PTA new system cannot become functional without its approval

The chairperson of the Senate committee, Robina Khalid of Pakistan Peoples Party (PPP), said the committee realised that the initiative for mobile phone registration was needed to stop the spread and use of smuggled and substandard devices. But, she added, the committee would decide the time-frame for activation of the mobile phone blocking system.

Ms Khalid said the system should not become active before the committee was satisfied with it.

The Senate committee’s meeting was specially held for a briefing on the PTA’s indigenously developed DIRBS, which after becoming functional would make all unregistered mobile phones unusable.

The DIRBS is aimed at combating the use of smuggled or counterfeit mobile phones which either serve to reduce tax revenues or pose health problems to unsuspecting consumers.

In a meeting earlier in the week, PTA acting chairman Muhammad Naveed told the Senate committee that it was not possible to push back the date for implementation of the DIRBS, claiming that it could cause losses of millions of dollars.

Nonetheless, the committee members were of the view that instead of facilitating mobile phone users the system would create panic among them.

The Leader of the House in the Senate, Shibli Faraz of Pakistan Tehreek-i-Insaf (PTI) and Senator Mian Muhammad Ateeq Shaikh of Muttahida Qaumi Movement alleged that the new phone blocking system was introduced by the previous government of Pakistan Muslim League-Nawaz with the intention to destabilise the present government.

PTI Senator Fida Muhammad questioned the urgency to introduce DIRBS at this point in time and the reasons for rushing its implementation.

PPP Senator Rehman Malik saw implementation of DIRBS as violation of laws regulating the telecom industry. He feared that subscribers’ confidentiality was compromised if their data and credentials were shared with the PTA in the mobile phone blocking system.

The Senate committed directed the PTA to simplify the mobile phone blocking system and launch a rigorous awareness campaign about it on priority basis.

The meeting was informed that DIRBS was funded by the telecom industry, but the PTA chairman did not disclose its cost.

The committee learnt that the application for the system was provided free of cost by an information technology company, Qualcomm, that also provides equipment to telecom operators.

Despite the PTA chairman’s best efforts to convince and pacify the committee members, they found flaws and errors in DIRBS throughout during his presentation on the mechanism.

Published in Dawn, October 19th, 2018

SC rejects plea seeking review of Imran’s exoneration

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ISLAMABAD: A senior counsel representing incarcerated PML-N leader Hanif Abbasi termed the Supreme Court’s judgement of Dec 15 last year of exonerating Prime Minister Imran Khan a “juristic oversight” on part of the apex court.

But a three-judge bench, headed by Chief Justice Mian Saqib Nisar, rejected the petition seeking review of the Dec 15 verdict with an observation that no case of review was made out.

The court dismissed Mohammad Akram Sheikh’s argument that the Supreme Court should treat review petitions against judgements issued under Article 184(3) of the constitution in a liberal fashion and regard them akin to intra-court appeals.

Original verdict termed ‘juristic oversight’

The chief justice declared as “no ground” Mr Sheikh’s contention that the apex court, while deciding in favour of Imran Khan in the Dec 15 judgement misread or overlooked the non-disclosures on his part in the 2002 nomination papers which were also available on record.

On Sept 27, the same bench had dismissed PTI leader Jahangir Khan Tareen’s review petition against his disqualification.

On Thursday, Justice Umar Ata Bandial, a member of the bench, observed that the arguments of the counsel regarding juristic oversight were in fact misleading and that the beauty of his arguments in the review petition against the judgement was that he was pleading without reading a single sentence from the judgement.

“You are making sweeping statements and speaking which is appealing to yourself or the audience in the courtroom,” Justice Bandial observed, adding that the counsel was drawing unnecessary parallel between the Imran Khan judgement and the Panama Papers case.

The chief justice agreed that the two cases have different facts and features.

Akram Sheikh, however, retorted that he always appeared in the courtroom with full comprehension of the case and expressed the hope that one day there will be a law requiring that judges who decide a case should not be part of a bench set up to hear a review petition against their judgement.

The counsel began his arguments by citing an assurance on part of the apex court to search and find the truth, adding that the entire judgement proceeded on the documents provided by Mr Khan in bits and pieces.

He argued that Article 188 of the constitution confers upon the court substantial powers to revisit its judgements and the basis of this review jurisdiction is the Quranic and Asool-i-Fiqh of Rajoo anil Khata that proceeds on the concept that judges were not infallible.

Therefore, if the judgement proceeds on any wrong assumption of facts and law or of any other human error, that must be corrected.

The counsel argued that parliament had been negligent in its duty to promulgate a law under Article 188 and did not perform its duty to provide for the prerequisite framework for exercise of this trust power.

He contended that even the Supreme Court did not make rules for exercise of the review jurisdiction under constitutional jurisdiction i.e. starting with Article 184(1), 184(2) and 184(3). Therefore, the scope and power of the review should be interpreted as a power equivalent to an intra-court appeal by either a larger bench or a different set of judges because if the judges have to be the same who rendered the judgement in earlier round, then this violates the basic principle that no one can be a judge in his own cause.

The counsel expressed the hope that the parliament after more than 45 years may realise its duty to make a law in terms and for enabling the Supreme Court to exercise the review jurisdiction for the ultimate benefit of the citizens of Pakistan and in view of the law to be promulgated.

Till such time this court should not be denuded from the authority and consistent with the practice that if there is the slightest doubt that a case requires constitution of a larger bench to avoid inconsistency, the apex court should not stay its hands off to constitute a larger bench for hearing of the cases.

Akram Sheikh argued that the equal number of bench should not sit to overrule an earlier order, adding that the rule of strict liability as determined by the Panama judgment will be the same for the Khan case since two different yardsticks will not apply.

Should not the court reconcile and review the scope of mis-declaration in the nomination papers and apply one standard gauge in matters of involving same question irrespective of persons involved.

He also emphasised about the yardstick of what omissions in the statements of assets and liabilities in the nomination papers were to be considered as being penalised with disqualification for life and what were to be condoned.

He contended that the Dec 15 judgment did not follow the strict liability rule propounded by the Supreme Court itself in the Panama judgment.

The counsel contended that Imran Khan did not disclose the assets of his former wife (Jemima Khan), except for some property in the Banigala, though it was a known fact that she was a very rich lady from whom Mr Khan himself had been borrowing money.

Published in Dawn, October 19th, 2018

PTI govt unlikely to complete its five-year term, says Bilawal

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BILAWAL Bhutto-Zardari offering fateha at the memorial for those killed in the twin blasts in 2007.—PPI
BILAWAL Bhutto-Zardari offering fateha at the memorial for those killed in the twin blasts in 2007.—PPI

KARACHI: Pakistan Peoples Party (PPP) chairman Bilawal Bhutto-Zardari predicted on Thursday that the newly elected government of Imran Khan was unlikely to complete its five-year term as his Pakistan Tehreek-i-Insaf (PTI) had turned itself into “Pakistan Tehreek-i-Intiqam [Pakistan Vendetta Movement]”, referring to recent moves by the government, including the arrest of Leader of the Opposition in the National Assembly Shahbaz Sharif.

Talking to reporters at Karsaz monument of the Oct 18 victims where he along with Sindh Chief Minister Syed Murad Ali Shah and senior party leaders arrived on the 11th anniversary of the incident, the PPP chairman lashed out at the PTI government and said that despite his “desire for stable democratic process” he could not resist to share his thoughts about its future.

“We are democratic people. We always want democracy and democratic process to get strengthened. But the attitude of Khan Sahab [PM Imran Khan] and the way poor people have been burdened with inflation, I don’t think that people of Pakistan would tolerate this government for five years,” he said in reply to a question about future of the government after its recent moves that caused inflation.

Mr Bhutto-Zardari cited a few episodes that emerged over the past few weeks and mainly referred to the arrest of the Pakistan Muslim League president, calling it a violation of due process of law.

PPP chairman cannot explain reasons for Sindh government’s lack of interest in probing Oct 18 Karsaz bombing

“I don’t hold any relief for Shahbaz Sharif. In the past what he and his party had done with my family and other political families, we for sure condemn that. But the arrest of the opposition leader just before by-elections cast serious doubts. We thought that we had left behind the politics of vendetta, but unfortunately the trend is not over yet,” he regretted.

While being strong against the PTI government for its policies, Mr Bhutto-Zardari, however, could not explain reasons behind the lack of interest shown by the PPP-led Sindh government that had been enjoying third straight term while probing the Oct 18 bombing despite announcing re-investigation into the incident more than once.

“I think that it should better be answered by the Sindh chief minister,” he said while responding to a question about the fate of such announcements by the provincial government. “But as I have been briefed about the incident and its probe, that night right after the incident the crime scene was washed out by the authorities that had all key evidence. It’s not about that particular incident, unfortunately in many terrorist activities victims in our country have never got justice.”

After ending her self-imposed exile, former prime minister Benazir Bhutto landed at the Karachi airport on Oct 18, 2007, where she was received by a large number of party workers. When the procession reached the Karsaz area at night, it came under twin bomb attacks. Ms Bhutto survived, but the assault left some 200 people dead and several others injured.

At that time, the Sindh government, led by then chief minister Dr Arbab Ghulam Rahim, had set up an inquiry tribunal to investigate the incident. The tribunal, headed by retired Justice Dr Ghous Mohammad, started proceedings and recorded the statements of about 40 witnesses. However, the PPP boycotted the tribunal and refused to recognise it. In fact, the party filed a petition in the Sindh High Court against it.

Published in Dawn, October 19th, 2018


Assets beyond means: Another reference filed against Ahad Cheema

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LAHORE: The National Accountability Bureau (NAB) on Thursday filed another reference against Lahore Development Authority (LDA) former director general Ahad Khan Cheema in an accountability court here for possessing assets beyond his known sources of income.

According to NAB, Mr Cheema had made property worth billions of rupees in the name of his family members. It said the suspect and his family members owned over 300 kanals of agriculture land in Hafizabad, over 190 kanals in Lahore, a flat in Hill View, Islamabad, two plots in FIA Employees Cooperative Housing Society, Islamabad, two flats and plots in Federal Government Employees Housing Foundation, Islamabad, a 10-marla plot in Faisal Town, Islamabad, two five-marla plots in Faisal Residencia Islamabad and a three-kanal plot on Bedian Road, Lahore.

In June, NAB had filed a reference against Mr Cheema and five others over their alleged role in Ashiana Housing Scheme scam.

The five others were Bismillah Engineering Company owner Shahid Shafiq, LDA chief engineer Israr Saeed, Punjab Land Development Company (PLDC) chief engineer retired Col Arif Majeed, former PLDC chief executive officer Imtiaz Haider and PLDC official Bilal Kidwai.

In the Ashiana reference, Mr Cheema was accused of causing a loss of Rs660m to the national exchequer. The project cost ballooned to Rs3.4bn while 61,000 people who had applied for plots in the project suffered, NAB alleged.

Ahad Cheema was arrested in February over charges of misusing his authority and, with criminal intent, processing and awarding Ashiana scheme project contract worth Rs14bn to the Lahore Casa Developers, a joint venture firm that was ineligible for the same. The contract, in connivance with other suspects, was awarded in violation of rules.

Cheema is in jail on judicial remand.

Published in Dawn, October 19th, 2018

3 child pornography suspects held

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TAXILA: The Bassal police claimed to have busted a gang involved in child pornography by arresting its three members.

“The gang adopted different tactics to lure schoolboys aged between 10 and 12 years into pornography,” investigation officer Manzar Ali Shah told this correspondent. He said the gang comprised four suspects, one of whom was yet to be nabbed.

“The police department started tracking the racket after a porn video of an 11-year-old boy came to surface,” said District Police Officer (DPO) Hassan Asad Alvi.

He said the police traced the culprits three days after taking notice of the video. A case has been registered against the suspects identified as Owais Ijaz alias Mufti, Haris Riaz and Ahsan Iqbal under different sections of the Pakistan Panel Code, the DPO added.

In reply to a question, he said the police were investigating if the gang had links with any national or international racket of child pornography. He said though the ring leader had been arrested, efforts were being made to trace the fourth member of the gang.

To another question, the DPO said the victim, a grade 6th student, was in distress and did not reveal the incident to his parents.

He said there was a need to create awareness among children to break social barriers and inform any such incident or attempt to their parents so that the culprits could be punished.

Published in Dawn, October 19th, 2018

Power to remain suspended tomorrow

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PESHAWAR: The power supply will remain suspended due to maintenance work on the transmission lines on Oct 20 from three to 10 hours in different areas of Peshawar and other districts of Khyber Pakhtunkhwa.

According to a Pesco’s statement issued here on Thursday, the areas of Peshawar where the power supply will remain suspended from 8am to 2pm include Hayatabad 1, 2, 4, 5, 6, Shiekh Mohammadi, Pishtakhara, Landi Arbab-3, New Dehbahadar, Old Deh Bahadar, Achini 1,2, Jamaluddin Afghani, Old Bara Road, Sufaid Dheri, Regi, Agriculture University, Rahatabad 1,2, Gharibabad, Danishabad, Engineering University, Malakander, Canal Town, Hayatabad Medical Complex, Karimpura, Dabgari, Chowk Yadgar, Qissa Khwani, Kohati Gate, Shoba, Kakshal, Chamkani, Nistarabad, Chughulpura, Jhagra, NHA, Radio Pak, Lala Kalay, Zaryab Colony.

The localities where power supply will be suspended from 9am to 12noon include Old MES, Tehkal, Commercial 2, Palosai 1,2, ICE 1,2, Fata Sectt, Warsak Road 1, Scarp 2, Tehkal Payan, Opazai, Chagharmatti, Nishat-1.

The areas where the power supply will remain suspended from 8am to 2pm include Express, Bilitang, Old Gumbat in Kohat, Karak 1,2, Sabirabad-1 in Karak. In Tal, Parachinar and 66KV Ghaljio, Alizai, Hangu areas the power supply will remain suspended from 9am to 7pm.

The areas where the power supply will remain suspended from 8am to 2pm include Murguzai, Mingora 1,2,3,4, Guldada, Takhta Band, Sanger, Bandai, Haji Baba, Barikot, B/Bandai, Marghuzar, Saidu Sharif, Saidu Baba, Sinor, Qambar, Kabal 1,2,3,4, Gogdara, Malam Jabba, Shahdara, Saidu Hospital, Charbagh, Charbagh Express, Baidara, Shin, Khwazakhela, Shangla, Shawar, Chuprial, Matta, Charbagh in Swat, Chagharzai, Nawagai, Suni Gram, Ambela, Chamla in Buner, New Marghuz, Shah Mansoor Hospital, Town 1,2, Marghuz Rural, Panjpir, Zaida, Lahore City, Chota Lahore in Swabi.

In lower Dir the consumers of Timergara and 66 KV Bajaur will face inconvenience from 7am to 5pm.

Published in Dawn, October 19th, 2018

Committee constituted by SC recommends declaring education emergency in country

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ISLAMABAD: A high-profile committee constituted by the Supreme Court has pointed out “insufficient commitment and patchy management” in Pakistan’s education sector and recommended several measures including the declaration of an education emergency in the country.

The committee was constituted by the chief justice of Pakistan in April. It was chaired by Wafaqi Mohtasib Syed Tahir Shahbaz and included Abdul Rauf Chaudhry, U.A.G. Isani, former Allama Iqbal Open University vice chancellor Dr Shahid Siddiqui, former Higher Education Commission chairman Dr Mukhtar Ahmed, joint education adviser at the Ministry of Federal Education Rafiq Tahir and others.

The committee was given a mandate to implement Article 25-A of the Constitution, under which the state is obligated to provide free and compulsory education to children between the ages of five to 16.

‘Paradigm shift required to accord appropriate priority, oversight to education sector in order to implement Article 25-A’

It finalised its report, Education Sector Reforms in Pakistan, Implementation of Article 25-A, after a number of meetings, and recommended the need to declare an education emergency and tackle “myriad challenges” including out-of-school children, the quality of education, a uniform education system and skills development.

In the report, the committee pointed out that the country is faced with the challenge of 25 million out-of-school children between the ages of five and 16, with 2m children being added every year.

The report said there are “clear constitutional provisions” – articles 25-A, 37-B and 38-B, as well as the country’s commitments to the Millennium Development Goals and the Sustainable Development Goals “where our failures are palpable”.

“Clearly, such a grave situation calls for extra-ordinary measures,” it stated.

For effective enforcement of Article 25-A, a paradigm shift is required to accord appropriate priority to the sector in terms of financial and human resources along with sufficiently empowered institutions of oversight, the report said.

The committee also recommended a substantial increase in the education sector budget from the present 2.2pc of GDP to 4pc of GDP at the national level and a minimum allocation of 25pc of the total budget of the provinces.

This would entail capacity building at the provincial and district levels so funds can be properly utilised, and are not lapsed or allocated to other sectors, the report added.

It also recommended “a big jump” in the construction of new schools in the public sector, and in recruitment and training of a large number of teachers. Ghost schools and non-functional schools also need to be made functional.

The report said private educational institutions serve a sizeable 36pc of students, and while acknowledging their contribution in imparting education the school-going children, the government should bind private schools to rationalise their free structure and enrol at least 10pc of students from disadvantaged backgrounds under corporate social responsibility.

It pointed out that under housing laws, each housing society is obligated to earmark amenity plots for community service, but most of these plots are leased to private elite schools. The report said housing societies may be directed to offer these plots at subsidised rates for the establishment of public sector schools.

The report also said it was critical to introduce double shifts in schools with a sufficient number of students, and public schools may also facilitate informal schools in the evening. However, the report added, the implementation of this “would also require additional recruitment of teachers and staff with budget”.

In many cases, it said, low enrolment is the function of poverty and large families in the lower strata of society.

“Appropriate incentives will have to be given,” the report said. “Federal government and provincial governments have a number of projects in hand according to special need with encouraging results. Best practices in community schools, non-formal schools, public private partnership, and voucher scheme can be shared by the provinces and expanded for enhanced targets. The minimum of 50pc annual increase in number under these projects is essential to supplement government existing effort.”

The report said “private entrepreneur firms and individuals” should be encouraged and incentivised to “adopt schools for infrastructure development and provision of necessary facilities”. These incentives could be in the shape of tax rebates or the attribution of the schools to the sponsors.

The importance of religious education was also highlighted by the committee. The report said that in order to utilise the Deeni Madaris sub-sector of education, the government in consultation with their representatives should devise a formal education programme.

The report also called for merit-based management and a 50pc increase in funding for the National Commission for Human Development and Basic Education Community Schools to expand the network of the two organisations.

The report said these proposals could not be delivered upon without an effective oversight and monitoring mechanism, and recommended various committees from the union council to the district and provincial levels. It also recommended the formation of a special think-tank to review the quality of education and standardise the curriculum.

Published in Dawn, October 19th, 2018

GB govt demands action on court orders for its rights

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GILGIT: Gilgit-Baltistan law minister Aurangzeb Khan on Wednesday said his government supported the cases pending with the Supreme Court of Pakistan about the settlement of the region’s constitutional status and implementation of the 1999 court orders for the provision of fundamental rights to the local residents like people in other parts of the country.

He also said the GB government would plead its case with the Supreme Court for right to the Diamer-Bhasha dam’s royalty.

“Our (PML-N-led GB) government has never compromised the rights of local residents and will continue working for their protection and people’s empowerment,” he told Dawn on Thursday.

Lays claim to Diamer-Bhasha dam royalty

A Supreme Court bench led by Chief Justice Saqib Nisar is currently hearing a set of petitions seeking the provision of political rights to Gilgit-Baltistan and implementation of the court verdict of 1999 for the provision of fundamental rights to the people of GB.

In the last hearing on Oct 16, the bench sought the recommendations made by the Sartaj Aziz-led parliamentary committee regarding the constitutional status of GB and asked the PTI-led federal government to submit response to it on Nov 1. The GB law minister said his government thought that the GB Order 2018 was not enough to meet the demands of GB residents regarding the provision of constitutional and political rights.

He however said the reforms introduced by the PML-N under that order was a major step forward in that respect.

The minister said former prime minister Nawaz Sharif had constituted a parliamentary committee to recommend police reforms for GB.

“The committee had submitted recommendations for approval in May 2018 but the then PML-N-led federal government couldn’t implement them due to the prevailing political unrest in the country,” he said.

He said the PML-N government had announced the enforcement of GB Order 2018, which had some of the Sartaj Aziz committee’s recommendations.

The law minister said the GB government endorsed those recommendations, which were acceptable to all political forces of the region.

“The Sartaj Aziz committee’s recommendations are the best way forward for the settlement of constitutional settlement of the region,” he said. The minister said his government demanded the immediate implementation of the Supreme Court of Pakistan’s verdict of 1999 for the prevision of fundamental rights to the people of GB.

He said his government also decided to plead its case before the Supreme Court during the hearing into the KP government’s case over the right to Diamer-Bhasha dam royalty and GB-KP boundary dispute.

He said the dam was being constructed inside GB, while 100 percent land compensation had been paid to the local residents and how the royalty right could be given to KP.

Published in Dawn, October 19th, 2018

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