PESHAWAR: An accountability court here on Saturday acquitted former provincial minister Habibullah Khan Kundi of the around two-decade old charge of corruption in the Peshawar Ring Road project.

Judge Ishtiaq Ahmad accepted an application filed by the accused under Section 265-K of the Code of Criminal Procedure, which empowers the court to acquit an accused before the conclusion of trial if there is no possibility of his or her conviction on basis of available evidence.

The accused, Habiullah Kundi, who remained the provincial housing and physical planning minister from 1994 to 1996, was earlier declared a proclaimed offender as he had absconded in the case in early 2000 when the trial was conducted against several other accused, including former chief minister Aftab Ahmad Sherpao.

All other accused were acquitted in the case, while their acquittal was later upheld by the high court.

The NAB had alleged that the accused had inflicted a loss of Rs310 million to the exchequer by acquiring land at exorbitant rate.

Qazi Mohammad Anwar, lawyer for the accused, said the court had acquitted five accused, including Aftab Ahmad Sherpao, former senator Gul Sher, tehsildar Mosam Khan, and patwaris Nisar and Dilawar on June 21, 2003.

He added that the high court had dismissed a NAB appeal against the acquittal on Dec 21, 2004.

The lawyer said there was no evidence against his client and that when all other accused had been acquitted, how his client could be convicted.

The corruption case against Mr Kundi, who is currently a PTI leader, has seen several twists and turns.

Initially, when the accountability court was conducting trial against the Mr Sherpao and some other accused persons, Mr Kundi and four other accused persons had been absconding.

An accountability court had sentenced him to three years imprisonment in 2001 for absconding under Section 31-A of the National Accountability Ordinance, 1999. He was also declared a proclaimed offender.

In May 2016, a high court bench had accepted plea of Mr Kundi and set aside his conviction in absentia.

Following the promulgation of the National Reconciliation Ordinance 2007, the case ended. However, it was revived when the Supreme Court declared the NRO unconstitutional in 2009.

An accountability court later accepted an application of Mr Kundi under Section 265-K of the Code of Criminal Procedure and acquitted him.

However, an appeal filed by the NAB was accepted by the high court on technical grounds and the case was sent back to trial court for fresh trial.

Mr Kundi had contested the July 25 election on the PTI ticket in the National Assembly constituency NA-37 Tank but lost it to the Muttahida Majlis-i-Amal candidate.

Published in Dawn, October 28th, 2018

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ISLAMABAD: Television anchor Dr Shahid Masood on Saturday challenged in the Islamabad High Court (IHC) the special judge central’s judgement of dismissing his pre-arrest bail plea in a corruption case.

Mr Masood through his counsel Shah Khawar filed a petition, saying that the Federal Investigation Agency (FIA) was victimising him for being critical to the government.

It may be mentioned that the pre-arrest bail of Mr Masood was rejected by Judge Kamran Basharat Mufti on Thursday. However, when the judge announced his decision the anchor had left the court premises.

While the FIA is making efforts for Mr Masood’s arrest, his counsel filed the petition before the IHC seeking his pre-arrest bail in the case related to alleged embezzlement in Pakistan Television during his stint as the state-run PTV’s managing director and chairman.

The anchor is allegedly involved in embezzlement of Rs37 million while acquiring the Pakistan Cricket Board’s (PCB) media rights in 2008 for which an agreement was signed with a fake company, namely M/S ISS.

Investigators in the case claimed that the amount had been released and it caused a loss of millions of dollars to PTV as the state-run television had failed to acquire the PCB’s media rights from 2008 to 2013.

According to the prosecution, Dr Masood had allegedly signed an agreement with a fake company to negotiate with the PCB for grant of rights to PTV for coverage of matches played in Pakistan. It said that because of the agreement PTV had to face heavy financial losses.

In the petition, Mr Masood pointed out that he was not nominated in the First Information Report registered in this case.

He claimed that if he was arrested he would suffer an irreparable loss to his repute and health and requested the court to grant him bail till adjudication of the complaint filed against him by the FIA before the special judge central.

Published in Dawn, October 28th, 2018

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ISLAMABAD: Pakistan Peoples Party (PPP) leader Sherry Rehman has submitted adjournment motions in the Senate to discuss the government’s foreign debt agreements, Pakistan’s possible intervention in the Middle East conflict and rising gas prices.

“As this government enters its first year, there are three issues that need urgent attention and deliberation, our economy, our seemingly directionless state of foreign affairs and rising gas prices. Unfortunately, the parliament has been sidelined in major decisions concerning major developments that will impact the future of Pakistan, its liabilities and its exposure. I am moving motions to ensure that these issues are explained on the floor of the House,” the senator asserted.

Ms Rehman said the people of Pakistan were entitled to an explanation about what was being agreed to in the name of the federation. “It is not okay to repeat the mistakes of the past by calling them legacy issues. If Pakistan is to be indebted or taken into conflict-resolution abroad the people and their representatives have a sovereign right to be taken in confidence,” she said.

She said the Senate must discuss the terms of the loans, obtained, or being obtained, debt or bonds raised, from foreign sources and multilateral lenders, including all facilities and contingent liabilities being incurred by the government. “Parliamentary oversight is not only crucial, it is necessary. Our public finances are in absolute disarray. We need to move past pointing fingers and start working together to put our house in order. It is in everyone’s interest to ensure that Pakistan prospers. Irresponsible unilateralism on raising foreign debt is unacceptable and must be a thing of the past.”

The PPP leader said Pakistan’s intervention in the Middle East conflict, particularly in Yemen, was being discussed at the highest levels by the government. The terms of engagement and role in the Yemeni conflict must be immediately shared in parliament, especially when the Yemeni embassy itself issued a statement that there was no war between its country and Saudi Arabia. “What exactly is being mediated? The public has the right to know. Additionally, given the state of our internal affairs and new indebtedness to one party in the conflict, what are the terms we have agreed to in order to mediate a conflict of this scale?”

Ms Rehman said gas was a basic requirement of every citizen. “How can the parliament be bypassed while the government was deciding on the price hike? This government came into power with the promise of relieving the burden on the people’s shoulders. This will result in the exact opposite and we are already seeing the effects with inflation and spike in electricity prices. The dangerous part is that this is only the beginning. What is the government’s follow-through policy?

“These matters are of public importance. The consequences of sidelining parliament have grave historical precedent in Pakistan, which we are still struggling to deal with today. The parliament is the people’s voice in policy making. That is how stable and functioning democracies work. It has become increasingly frustrating that we have to continuously state what should be common knowledge,” she concluded.

Published in Dawn, October 28th, 2018

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LAHORE: Minister for Railways Sheikh Rashid Ahmad on Saturday sounded warnings to ‘occupants’ of railways land and the retired employees, rehired on contract basis on hefty packages.

“The Karachi Stock Exchange is among those utilising railways land worth billions of rupees since long without paying nominal or nothing. The occupants, including the KSE management, should vacate the properties immediately and join the legal process to regain the possession of the land,” said Sheikh Rashid at a news conference at Pakistan Railways headquarters here on Saturday.

Asking the employees, working on contract for the last 10 to 12 years after retirement, to find by Nov 10 jobs elsewhere, the minister said he wanted to give young blood more opportunities in the railways.

Seemed a bit annoyed over media reports challenging his claims of revenue increase since his takeover, Sheikh Rashid reiterated to make railways a profitable organisation within a year. “During our first 60 days, railways earned Rs1.1 billion more in freight sector compared to corresponding period of last year. Railways will be earning Rs10bn profit after a year,” he said.

Tracking devices to be installed in locos to examine fuel consumption

To a question, the minister said railways had bought several acres of land in Gwadar and would acquire more property there. “I would soon hold a meeting with the Balochistan chief minister for the purpose. Through government-to-government arrangements we can get the land free of cost,” he said.

To another question, the minister said the passenger sector has never been profitable anywhere in the world. However, more trains would be operated to facilitate the poor of the country.

“So far, we launched six new passenger trains and will operate another six in the coming months. But we will evaluate all the newly-inaugurated trains for 30 days to check the profitability on their route. Trains will continue to operate on routes having enough passengers and enough goods or freight traffic. We will formulate a policy to involve private sector in our operations but only after thoroughly analysing profitability and passenger traffic,” said Sheikh Rashid.

To a question, the minister said work on Karachi circular railway would begin from Oct 31 when President Dr Arif Alvi would inaugurate Dhabeji Express, running from Karachi to Dhabegi. He said Prime Minister Imran Khan would inaugurate Hyderabad Express that would run between Karachi and Hyderabad after returning from China. Work was also under way to start Rehman Baba and Sindh Express trains, he said.

The task force on freight had been directed to achieve targets of 15 trains a day from Karachi as soon as possible, he said while adding that efforts were under way to launch the containers doorstep service within next three weeks.

The minister said tracking devices would be installed in all locomotives to examine fuel consumption and its report would be uploaded on internet for general public.

Regarding the upcoming visit to China, the minister expressed the optimism that all matters related to Pakistan Railways’ Main Line I and II would be settled.

“Railway is the backbone of China-Pakistan Economic Corridor (CPEC) as 65 per cent of country’s population is settled along rail tracks,” he said.

Published in Dawn, October 28th, 2018

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The Child Protection Bureau in Lahore has registered a First Information Report regarding the alleged torture of an 11-year-old maid by her employers, police said on Sunday.

The police arrested a couple from Lahore's China Scheme over the alleged torture and mistreatment of the child maid. According to the police, the girl has burn wounds from a hot iron.

The girl told the police that her mother had left her in the custody of her employers some four years ago. According to the girl's statement, her employers — a couple — and their son used to torture her. A day earlier on Saturday, the woman tortured her with a hot iron and sticks, she said.

The girl on Saturday managed to escape from the couple's house and approached the neighbours for help. Subsequently, she was handed over to the protection bureau.

Take a look: Punishments handed to judge, wife suspended in Tayyaba torture case

DIG Operations Shahzad Akbar told DawnNewsTV that police have registered a case and arrested the accused couple. He said that a medical checkup of the victim is being arranged. Further action will be taken as per the law, he added.

Chief Justice of Pakistan Mian Saqib Nisar on Sunday inaugurated the Urs celebrations of Data Ganj Baksh by laying traditional chadar on the saint's grave in Lahore.

The celebrations of the 975th Urs of Hazrat Ali Bin Usman Al-Hajveri will take place over three days.

Speaking to the gathering, Justice Nisar said that all Sufi saints spread the same message, which is to follow Islam in letter and spirit, "meaning to provide relief for humanity and to love one's land."

He added: "There are many problems in this country that need to be fixed [...] today after a long time, I feel like we [Pakistan] is about to take off [in the right direction]."

The chief justice also reminded people to contribute in the ongoing fund collection drive to build dams in the country.

"This is to secure the future of our posterity. This is vital for us; without dams, this country will face a lot of problems," he said, adding that many notable people had contributed to the fund silently "as they were not looking for fame while doing it".

A 17-year-old girl in Muzaffargarh's Alipur area was allegedly gang raped by a man — who her father owed some money — and his two suspected accomplices on Saturday.

A first information report filed by the victim's father on Oct 27 said that he was a labourer. He was at work when he received a phone call from his wife, telling him their daughter was being taken away by a man he owed Rs4,000 and two others.

The prime suspect said that if the labourer paid back the loan, he would return his daughter to him, the FIR read.

The father, with someone's help, was able to transfer the money to the suspect via cellphone. The FIR said that he was then allowed to speak to his daughter on the phone.

He said that his daughter was crying and told him that the prime suspect and his accomplices had taken her to a house and all three had sexually assaulted her at gunpoint.

The father was able to identify the location of the house and went there with two other men, who he named as witnesses. When the suspects saw them coming, they fled, the FIR said.

The prime suspect is believed to be the clerk of Sub Inspector Bhatti of the Saddar police station.

Search operations are underway to arrest the suspects while a medical report of the girl is awaited, police said.

Quetta police on Sunday lodged a case against unidentified accused over charges of throwing acid on two women in the city's Railway Housing Society area, DawnNewsTV reported.

A mother and her 23-year-old daughter had received burn injuries when unidentified culprits, riding a motorcycle, sprayed acid on them as they were on their way home after conducting a tuition session on Friday evening.

"A case has been registered on the complaint of the victim [the mother] against unknown suspects," said police official Mirwais Khan.

Explore: Acid violence: Laws must meet action

Both the victims have been admitted to Bolan Medical Complex hospital's burn ward for medical treatment.

A doctor treating the injured told DawnNewsTV that the acid has burnt the arm, face, and chest of the daughter, whereas, there was damage to the mother's face as a result of the acid attack.

As the family of a 6-year-old girl who was allegedly raped in Jamshoro on Sept 30 awaits justice, police claim health officials are responsible for the lack of progress in the case.

The girl's father had said he left his daughter playing in the street with other children on the morning of September 30 and gone for work. He received a panicked call from his wife not long after asking him to come home as there was an emergency.

Upon reaching home, he found his daughter covered in blood and his wife in tears. His wife told him that someone had raped their child and dumped her unconscious body at their doorstep.

According to the father, the private clinic that he took his daughter to said that the girl had been sexually assaulted.

A day later, once she was conscious and coherent, the girl told her parents that a teenage neighbour had nabbed her from the street and raped her, after which he dumped her body at the house's doorstep.

The police said that the suspect was taken into custody once he was identified by the girl, and an FIR had been registered against him under Sections 376 and 511 of the Pakistan Penal Code. Bloodstained clothes, blood and DNA samples taken from both suspect and victim were sent for testing.

The victim's parents, who claimed that the FIR was registered three days after the incident, alleged that the police are trying to delay the issuance of the medical report in order to protect the suspect.

The suspect's father happens to be a police officer at the station where progress on the case has stalled.

However, Senior Superintendent Police Touqeer Muhammad Naeem pinned the blame for the delay on health officials, claiming they are using "delaying tactics" by not issuing a medical report.

He asserted that justice would be provided to victim’s family without any delay "and if any police officer is found guilty [of delaying the investigation] they will be punished strictly". He added that he would monitor the investigation himself and has demanded a progress report in two days.

Investigation team member, Station House Officer Jamshoro Ashfaq Manghi ─ who works at the police station where the case is registered ─ said it is routine to send test samples in such cases to a chemical examiner's lab in Karachi.

However, the lab's director was transferred on Sept 6, and when police officials went there to find out more about the report, they were told that the lab would only provide reports once a new director is appointed, SHO Manghi said.

Subsequently, SSP Naeem wrote a letter to the health secretary asking for the clothes and other test samples to be returned to police so that they could be tested at LUMHS in Jamshoro instead.

Chief Justice of Pakistan Mian Saqib Nisar on Sunday inaugurated the Urs celebrations of Data Ganj Bakhsh by laying traditional chadar on the saint's grave in Lahore.

The celebrations of the 975th Urs of Hazrat Ali Bin Usman Al-Hajveri will take place over three days.

Speaking to the gathering, Justice Nisar said that all Sufi saints spread the same message, which is to follow Islam in letter and spirit, "to provide relief for humanity and to love one's land".

He added: "There are many problems in this country that need to be fixed [...] today after a long time, I feel like we [Pakistan] is about to take off [in the right direction]."

The chief justice also reminded people to contribute in the ongoing fund collection drive to build dams in the country.

"This is to secure the future of our posterity. This is vital for us; without dams, this country will face a lot of problems," he said, adding that many notable people had contributed to the fund silently "as they were not looking for fame while doing it".

Prime Minister Imran Khan inaugurated the Pakistan Citizens' Portal — set up at the Prime Minister Office with an aim to "timely address the problems of the people and get their feedback" — on Sunday.

The portal will be available to citizens in the form of a cellphone app, but they will also be able to approach the government via telephone, email or written letters.

The portal will be used to send complaints and suggestions to Prime Minister Office directly, according to Radio Pakistan, and the office will oversee the "process of addressing the public complaints and implementation on recommendations".

PM Khan, while addressing the inauguration ceremony in Islamabad, described the system as "the first step towards improving governance" and creating a conducive environment for investment.

"The system that we've developed is a means to change the prevailing mindset. For the first time, government offices and ministries will be accountable," the premier said, adding that it would give ordinary Pakistanis, both home and abroad, a voice.

"The portal will make it easy for me to get details of where in Pakistan the complaints are coming from, about which ministries," said the premier.

The system will enable the government to keep track of what's happening in various ministries and departments, and how they are performing, and subsequent "policies will reflect what the public wants".

"All policy-making will be done after hearing the voice of the people," he added.

"I believe this will bring a quantum change in Pakistan which is very important for our future. We need investment. We ave inherited a mountain of debt, and if we want to get out of it, there is only one way ─ we need to bring investment to Pakistan," the PM said.

The premier explained that foreign investment may increase in Pakistan when barriers to investment are removed by addressing and resolving complaints lodged through the portal.

Khan recalled a visit to Turkey while Recep Tayyip Erdogan was prime minister. "He told me that he had a complaint cell in his office for investors, which led to a change in his office."

"Our youth have developed this portal in-house, and it can be expanded. It will be connected with the offices of the provincial chief secretaries. They will be pressured then to give answers. We will know what's happening in the province and what departments are performing," he said.

"Before putting in your complaint on the system, the address and ID card details will all be asked for and this database will be connected with National Database and Registration Authority, so we will know if a complaint is authentic or not," the PM said, adding that people will be informed how long it will take to receive a response to their complaints.

"This is an all-rounder app with every government department under it; from health to police to education. It is all encompassing," he said.

"Every week, I will receive all the details about complaints from each area, and which ministries complaints are coming from. The people in government will realise that they must serve citizens, since their salaries are being paid through taxpayers' money."

Additionally, the premier said, all complaint data will be published so that the public can hold provincial governments accountable as well.

"Naya Pakistan will come into being when the Pakistani people own the government and rely on the government to help them," he added.

The system will also make it easy to punish and reward government officers on the basis of their performance, PM Khan said. "Complaints will appear on the ACRs of officers who don't perform... and so promotions will be on merit. A merit-based system will be created," he said.

When asked how the complaint portal is different from complaint cells set up in previous governments, PM Khan said: "This sort of system does not exist in Pakistan ─ and even in many European countries. It can take a huge load, it is connected. This is e-governance that was never there in Pakistan."

"The governance system will push all departments. As PM, I had no way of knowing how efficient various departments are. If they colluded (with each other), I wouldn't get feedback. The citizens will hold the government accountable, and such feedback has never been given to any PM in Pakistan before."

The app is available to Android users here.

The Sindh government has imposed a ban on pillion riding in Karachi and other divisions of the province in line with the security arrangements for Chehlum of Imam Hussain on Tuesday, read a notification issued by the provincial home secretary.

It has also forwarded recommendations to the federal government for suspension of mobile and internet services in the metropolis and other major cities of the province on the main routes of processions, according to officials and notifications issued to this effect.

Pillion riding has been banned in Karachi on October 30 (Tuesday only) while in Hyderabad, Shaheed Benazirabad, Mirpurkhas, Sukkur and Larkana divisions, pillion riding has been banned for five days — from October 29 (Monday) to November 2 (Friday).

The ban shall not be applicable to women, children below the age of 12 years, senior citizens, journalists, law enforcement personnel in uniforms and employees of essential services.

The Sindh government officials said that this ban has been imposed in light of recommendations by Sindh Inspector General Police (IGP) Dr Syed Kaleem Imam, who has mentioned that intensive religious activities will be held in all areas of Karachi and other ranges of the province.

Therefore, in view of the ongoing operation against terrorist organisations and perceived threat on the occasion of Chehlum, the provincial police chief has recommended the imposition of a ban on pillion riding in Karachi and other major cities of the province.

Suspension of mobile, internet services

Separately, the Sindh home department has written a letter to the federal interior secretary and the PTA chairman to suspend mobile and internet services in Karachi, Hyderabad, Shaheed Benazirabad, Mirpurkhas, Sukkur and Larkana divisions along the routes of the procession.

This has also been suggested on the recommendation of the Sindh IGP.

For Karachi, it has been recommended to suspend mobile services on October 30 from 10am to 8pm along the route of the procession, namely from Nishter Park in Soldier Bazaar to Hussanian Iranian Imambargah in Kharadar.

For Hyderabad district, suspension of mobile services has been recommended from 8am to 10pm in Hyderabad station road and Saddar area on Tuesday. Moreover, for Sukkur district from 12pm to midnight from Fojdari Chowk to Kasai Mohalla Sukkur, for Khairpur district from 8am to 8pm from Kharipur city to Piryalo City, for Jacobabad district from 8am to 10pm in Jacobabad city, Thul city and Ghari Khero.

However, for Shikarpur district, it has been recommended to ban mobile phone and internet service in the whole district from 8am to 10pm, as the entire district was termed as ‘sensitive’.

The provincial government has urged the federal government “to suspend all kinds of cellular GPRS communication services, mobile services, and internet in the areas mentioned above in order to facilitate the police and law enforcement agencies to maintain law and order”.

However, in case of any incident or emergency, mobile phone companies may be directed to restore the facility immediately on request of the Sindh home department.

5311 policemen to be deployed

According to the police spokesperson, 5,311 policemen would be deployed for the provision of security to the main Chehlum processions in the city on October 30.

IGP Imam has directed all deputy inspector generals to take extraordinary security measures to maintain law and order in coordination with Rangers and other law enforcement agencies.

QUETTA: Balochistan Chief Minister Jam Kamal Khan Alyani has said the international peace and economic development conference beginning in Gwadar on Monday (today) would help bring foreign investment to the province.

“About 100 guests from 26 countries are participating in the conference. The initiative will enhance the importance of Gwadar port and will help in bringing foreign investment to Balochistan,” Mr Alyani said on Sunday. He congratulated Senate Chairman Sadiq Sanjrani on holding the conference in Gwadar.

“The government of Balochistan will make all-out efforts to persuade the guests from 26 countries to make investment in Gwadar and they will be given detailed briefing on the port city and its geopolitical importance and potential,” the chief minister said.

Terming the conference a milestone for Gwadar, he said the local economy would receive a boost from it.

He said the conference would also help the participating countries foster trade relations with each other.

Members of the Inter­national Parlia­mentary Union and Asian Parliamen­tary Secretariat are also attending the conference.

Published in Dawn, October 29th, 2018

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RAWALPINDI: Army authorities have sought the case record of a young maid who was allegedly tortured by her employers – a woman serving with the army and her husband, a private doctor.

The victim is likely to be interviewed by the army authorities within the next two days.

The doctor, who has been on an interim bail till Oct 29, on Sunday has been included in the investigation. He has to appear before the additional district and sessions judge for the confirmation of his bail on Monday.

The army official, who has been nominated as the prime suspect in the FIR registered with the Airport police on the complaint of the Child Protection Bureau, is working as a computer information technology officer at the army headquarters. Her case has been sent to the army authorities for further proceeding.

When contacted, Aamir Khan, the station house officer (SHO) of Airport police, told Dawn that they were still waiting for the medico-legal report of the maid to proceed further. However, the army authorities are investigating the suspect and have sought details of the case from the police, he added.

The SHO said though the doctor did not admit to abusing the maid; he did say they used to taunt her whenever she went out of the house and once when she slipped down the stairs.

The 11-year-old maid has been kept with the Child Protection Bureau after she was brought back to Rawalpindi from her native town of Faisalabad.

Initially, three cuts with a blunt weapon were found on the victim’s head besides multiple bruises on other parts of her body. After she complained of a severe pain in her left arm, a medical examination was conducted on her body, including consultancy with a neurologist. However, the police are still waiting for the medico-legal report.

When contacted, a child protection officer said the maid alleged that she was ‘tortured’ last when her employer’s two-year-old baby fell from her arms.

He said the army authorities may record the statement of the maid during the next two days to complete their investigation.

The maid also said she had two sisters who were also serving as maids.

Published in Dawn, October 29th , 2018

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ISLAMABAD: Prime Minister Imran Khan is expected to preside over a high-powered promotion board meeting on Monday (today) to consider elevation of senior bureaucrats to the top-most grade amid serious legal challenges.

The meeting has been called by the establishment division to seek prime minister’s approval for promotion of the BS-21 officers on existing seniority list to grade-22 without taking into account latest ground realities.

Only last week the Supreme Court had ordered restoration of the seniority of the officers who had been promoted in January 2018 after being denied promotion to BS-21 over the past three years.

Seniority list seeking Imran’s approval doesn’t comply with Supreme Court order

Some officers expecting elevation to BS-22 rose in seniority as their seniors were denied promotion. With restoration of backdated seniority of such officers, their juniors expecting elevation to BS-22 may lose their prospects.

“The haste in calling the high-powered board meeting without first re-working the seniority list based on the latest order of the court could affect Prime Minister Imran Khan’s pronouncement for meritocracy and open a fresh round of litigations in the unending controversy over promotion of senior-most civil servants,” said a senior official.

Since 2007 when the establishment division had amended the promotion policy of 1982 and placed 15 marks for evaluation of civil servants for promotion at the discretion of promotion board members, promotion controversies had flooded apex court and high courts, consuming considerable time of the judiciary and public offices seeking relief against misuse of the discretionary powers.

After years of controversies, the Islamabad High Court in its verdict on June 8, 2016 finally struck down the establishment division’s move of giving discretionary power to the promotion board to give 15 marks to civil servants. The apex court upheld the IHC decision on March 13, 2017.

While upholding the IHC decision against board members’ discretion in the promotion process, the Supreme Court directed the establishment division to reconsider officers’ promotion, deferment and supersession made on the basis of the discretionary powers in 2015 and make fresh evaluations in such cases on the basis of civil servants’ service dossiers, practically eliminating the role of 15 discretionary marks in promotion process.

In yet another office memorandum issued on June 18, 2017, the establishment division asked the relevant officials to reconsider the past cases in compliance with the Supreme Court’s directions but maintained the board members discretionary power to give 15 marks.

On reconsideration of the past cases in June 2017, the board members, therefore, produced substantially the same promotions, deferments and supersessions which had been made earlier in 2015 on the basis of discretionary powers.

The move raised charge of contempt against secretary of the establishment division and other board members that was finally settled by the Supreme Court on Oct 25, 2018.

The actual law of promotion is contained in Section 7(1)(b)(ii) and Section 7(1)(c) of the Federal Public Service Commission (FPSC) Ordinance, 1977; Section 25(2) of the Civil Servants Act, 1973; and Rule 8-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973.

Section 7(1)(b)(ii) of the FPSC Ordinance empowers the Federal Public Service Commission to advise the president on promotion policy for promotion to BS-18 and above, while Section 25(2) of the Civil Servants Act empowers the president to enact such promotion policy in the form of rules. The president has already enacted such promotion policy in the APT Rules.

Rule 8-A, added to the APT Rules in 1998, enumerates precisely only three criteria for determination of merit for promotions in grades BS-17 to BS-22 including required minimum length of service, score in mandatory trainings and score in a promotion-related departmental examination, thus eliminating any other criterion or 15-mark discretion. The deviation from this law and induction of 15-mark discretion led to the lengthy litigation process.

The establishment division did not notify the posts falling in BS-17 to BS-22 and mentioned in Rule 8-A for promotion-related departmental examination under Section 7(1)(C) of the FPSC Ordinance. It rather made a parallel promotion policy of its own through office memorandums inconsistent with the Rule 8-A of the APT Rules.

The promotions to BS-22 are made under the Civil Servants (Promotion to the Post of Secretary BS-22 and Equivalent) Rules, 2010. These rules modified certain specified office memorandums but did not supersede or modify the three qualifications for promotion to BS-22 prescribed by the president in Rule 8-A of the APT Rules.

Some senior bureaucrats were able to circumvent two of the three mandatory qualifications for promotion to BS-22 listed in Rule 8-A.

An official said that the prime minister would need to seek the whole truth before promoting senior officers and resist waiver of the two mandatory qualifications of training and departmental examination given in the law for civil servants’ elevation to BS-22 to achieve the objectives of efficient bureaucracy and good governance.

Published in Dawn, October 29th, 2018

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PESHAWAR: The Khyber Pakhtunkhwa government has banned entry of male VIPs into the girls’ schools and directed the schools’ management to invite only female members of the assembly and the role models as chief guests to the sports, annual and other functions.

According to a statement issued here on Sunday, Chief Minister Mahmood Khan directed his adviser on education Ziaullah Bangash to ensure exemplary educational environment in the girls’ schools throughout the province.

Besides, the CM directed that the education department should also discourage the publicity of such social and annual functions of girls’ schools on social media, adding the girls should be given education in true spirit making them aware of the social, culture and Islamic values.

Meanwhile, the chief minister took notice of a raid conducted by police on a house at Bhana Mari Peshawar and directed the police chief to probe the matter.

“The enquiry should look into different angles and dimensions of the alleged violation of the privacy as the police reportedly entered the house without any women police as complained by aggrieved family members and reported by the local media,” the Chief Minister instructed.

He asked for submitting a comprehensive report determining and fixing responsibilities for the act.

The police head, he said should also look into the legal side from all dimensions and submit a comprehensive report fixing responsibilities, the logic and rationale to conduct a raid on the house.

Published in Dawn, October 29th , 2018

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ISLAMABAD: Sindh Local Government Minister Saeed Ghani said on Sunday that the Pakistan Peoples Party (PPP) would never compromise on the 18th Am­e­­ndment in Constitut­ion and hoped that all democratic forces would defend it.

In a statement, the PPP leader said that some elements had problem with former president and party co-chairman Asif Ali Zardari because the latter had made parliament independent and powerful. Moreover, he added, the people of Gilgit-Baltistan were given their identity during Mr Zardari’s tenure.

“Asif Zardari is also being blamed for giving powers to the provinces. We are confronting with a mentality which used to say that Benazir Bhutto was security risk,” Mr Ghani said, adding that the opponents of Zulfikar Ali Bhutto were criticising Mr Zardari for their self-satisfaction.

“The PPP has resisted anti-democratic forces in the past and are still resisting these forces. Vilification campaign against Mr Zardari is old tactics of anti-democratic forces, but the PPP will defeat them as it has done in the past,” he said.

Talking to journalists on Saturday, Mr Zardari had claimed that action being taken against him and his friends was part of a conspiracy to roll back the 18th Amendment. He said that even those with whom he spoke over the phone were arrested, adding that he would not be surprised if he was also arrested. He said the real issue behind all actions planned against him was the 18th Amendment that the PPP government had introduced to devolve power to the provinces.

Former Senate chairman and senior PPP leader Mian Raza Rabbani has also been alleging that efforts are being made to roll back the 18th Amendment.

Responding to a calling attention notice during the last National Assembly session, Minister of State for Interior Shehryar Khan Afridi had criticised the 18th Amendment and said he was not able to go to police stations in Karachi. Mr Afridi had earlier visited a few police stations in Rawalpindi and ordered suspension of two police officials, but his directives were not implemented.

Published in Dawn, October 29th, 2018

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KHAR: Rejecting the proposed policing system in the tribal districts, the anti-Fata reforms elders in Bajaur have called upon the government to review the plan to deploy police in the region.

They also threatened to launch a protest movement if the government did not take all the stakeholders into confidence prior to the deployments.

They were speaking at a meeting held here the other day, two days after the visit of DIG police Mohammad Saeed Waizr to the district in connection with the proposed police deployment.

It was attended among others by senior tribal elders, including chief of Mamond Malik Abdul Aziz Khan, Malik Mohammad Ayaz Khan, Malik Hifzur Rahman, Malik Mohammad Akbar, Malik Mohammad Nawaz and Malik Shaheen. They briefed the participants about the drawback of police system in the region.

The participants were told that the government had planned to extend police system to the tribal districts in order to accomplish the Fata reforms.

The speakers were of the view that extension of police system to the district was not in the interest of local people because most of them were not aware about the system.

According to them, extension of police system would not only sabotage the customs and traditions of region, but also create law and order.

The elders pointed out that the government, especially the governor and chief minister KP, had announced that they would not introduce such system to the tribal districts which contrasted with customs, traditions and culture of locals.

The elders said they would not give land to the government for establishment of police stations in their areas. They demanded of Prime Minister Imran Khan, KP governor and the chief minister to respect the wishes of tribal elders and reverse the decision.

They also lashed out at DIG Mohammad Saeed Wazir for ignoring the tribal elders in his trip to the region.

According to sources, the police officer had met with senior officials of the district administration and Levies officials during his visit to the district.

Published in Dawn, October 29th , 2018

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KARACHI: The Sindh government has imposed a province-wide ban on pillion riding on account of chehlum of Imam Hussain on Tuesday.

It also asked the federal government to suspend cellular and internet services in the metropolis and other major cities of the province along the routes of main processions at a particular time.

“The Sindh government in exercise of powers conferred under Section 144 (6) of the criminal procedure code imposes a ban on the pillion riding of motorcycle/scooter during the chehlum on Oct 30 and up to Nov 2 in the province,” said a home department notification.

The pillion riding has been banned in Karachi for only one day i.e. on Oct 30.

However, in other divisions of Sindh — Hyderabad, Shaheed Benazirabad, Mirpurkkhas, Sukkur and Larkana — the pillion-riding ban would start from Monday (today) and remain in place till Nov 2.

According to the notification, the ban shall not be applicable on women, children below the age of 12, senior citizens, journalists, law enforcement agencies personnel in uniforms and employees of essential services.

The ban was imposed in the light of recommendations of Inspector General of Police Dr Syed Kaleem Imam.

Meanwhile, 5,311 policemen would be deployed for the security of main chehlum processions in Karachi.

All DIGs were directed to take extraordinary security measures to maintain law and order in coordination with Rangers and other law enforcement agencies.

Suspension of mobile, internet services sought

The Sindh home department has approached the interior ministry and the Pakistan Telecommunication Authority for suspension of mobile and internet services in all divisions of Sindh, including Karachi, during the chehlum.

For Karachi, it has been recommended that the mobile services be suspended on Oct 30 (tomorrow) from 10am to 8pm along the routes of the main procession — from Nishter Park in Soldier Bazaar to Hussanian Iranian in Kharadar.

For Hyderabad district, the government recommended suspension of cellular services from 8am to 10pm along the route of the main procession — Hyderabad station road and Saddar area.

For Sukkur district, the suspension would be from 12pm to 12am along the route of the main procession — Fojdari Chowk to Kasai Mohalla Sukkur.

For Khairpur, cellular services would be suspended from 8am to 8pm from Kharipur city to Piryalo City; 8am to 10pm for Jacobabad district.

However, in Shikarpur, the cellular and internet services would be suspended from 8am to 10pm in the whole district.

The provincial government urged the Centre “to suspend all kind of cellular GPRS communication services/mobile services/internet in the areas as mentioned above in order to facilitate the police and law enforcement agencies to maintain law and order”.

However, in case of any incident/emergency, cell phone companies may be directed to restore the facility immediately on request of the home department.

Published in Dawn, October 29th , 2018

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KARACHI: Most of the oil spill affecting the beach in Mubarak village has been cleared in an ongoing operation being participated by a number of stakeholders, the Pakistan Maritime Security Agency (PMSA) stated on Sunday.

“Seventy per cent of the affected area has been cleaned up in Mubarak village on the second consecutive day of operation which will continue tomorrow (Monday),” said a PMSA press release.

It also stated that the PSMA also conducted an aerial surveillance on Sunday and found a minor oil slick close to the Cape Monze coast.

“The information was passed on to the beach cleaning team. The Karachi Port Trust is tasked to undertake initial assessment of the oil spill/traces, if any, at the Sandspit and Hawkesbay beaches,” it said.

The operation led by Pakistan Navy is being assisted by the PMSA, Karachi Port Trust, Karachi Metropolitan Corporation (KMC), Ship Breaking Labour Union Gadani, Shell Pakistan and Sindh Environmental Protection Agency.

When contacted, Commander Rao Abid of Pakistan Navy, heading the beach clean-up operation at Mubarak village, explained how oil traces were being ‘removed’ both manually and mechanically.

“The contaminated soil is being manually removed and sent to the KMC incinerators for disposal. Sixty per cent of this cleaning process has been done,” he said, adding that it’s a scientific way and employed all over the world to contain and tackle oil traces on affected coasts.

Answering a question that how oil traces on rocks were being treated, he said initially soft sand was spread on the rocks so that maximum oil traces were absorbed and then water jets were used to clean the rocks.

“Part of cleaning has also been done with the help of skimmers. But we are not satisfied with its performance and have asked for boom barriers to contain the oil slick affecting the coast,” he said.

Meanwhile, a PMSA spokesperson stated that a committee was being set up to analyse facts on the ground and ascertain the source of oil spill.

Published in Dawn, October 29th , 2018

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