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Supreme Court resumes hearing on challenge to Practice and Procedure Act 2023

In Brief
POLITICS
Supreme Court resumes hearing on challenge to Practice and Procedure Act 2023
On 9 October, the Supreme Court of Pakistan resumed hearings on petitions challenging the 2023 Practice and Procedure Act, a law that mandates the formation of benches to handle constitutional matters. The bench, headed by Chief Justice Qazi Faez Isa, includes several senior justices. This legislation had previously been blocked by the Supreme Court, citing concerns about the powers of the Chief Justice. During the hearing, there were debates regarding the interpretation of the Constitution and the Supreme Court's rule-making authority. Justice Isa stated that “nobody moves petitions to express opposition [to their action], except when parliament enacts law,” raising questions about the Parliament’s legislation under the pretext of cases being “subject to the law and the Constitution.” Thus, the case furthered the debate on the balance of power between Parliament and the Judiciary. (“SC resumes hearing pleas against law limiting CJP’s powers,” Dawn, 9 October 2023)

Five PTI leaders declared proclaimed offenders in riots case
On 7 October, an anti-terrorism court declared five Pakistan Tehreek-i-Insaf (PTI) leaders, including former federal minister Hammad Azhar, proclaimed offenders in a case related to the 9 May riots. They were accused of torching police vehicles during the unrest. Despite non-bailable arrest warrants, the suspects remained in hiding. The court has granted permission to initiate proceedings to attach their properties under Section 88 of the Criminal Procedure Code (CrPC). This action follows a previous declaration of nine PTI leaders as proclaimed offenders in the same case. (“ATC declares 5 PTI leaders proclaimed offenders,” Dawn, 8 October 2023)

PPP leader Zardari raises concerns over election fairness
On 9 October, Dawn reported on PPP leader Asif Ali Zardari expressing “serious concerns” about alleged perceived preferential treatment for the PML-N by caretaker governments in Punjab and the Centre ahead of the January elections. The PPP additionally accused the “partisan” Punjab caretaker government of playing the role of a “B-team” of the PML-N. These concerns arose a month after the PPP's central executive committee expressed reservations about election fairness and caretaker cabinet appointments. The PML-N has supported PPP’s call for a level playing field, saying that it is a “fair” demand. While PPP suspects its former allies are aligning with the military, PML-N President Shehbaz Sharif downplayed tensions, stating that “PML-N and the PPP have separate politics.” A close aide to Sharif refuted allegations of preferential treatment. (Zulqernain Tahir, “PPP raises level playing field issue with ‘quarters concerned,’ Dawn, 9 October 2023)
 

ECONOMY
Privatisation approach worries World Bank
On 9 October, the World Bank expressed concern about Pakistan's strategy for privatizing its state-owned enterprises (SOEs) and emphasized the negative effects of court activism, political annoyance, the sale of K-Electric, and what it called the flawed Sarmaya-i-Pakistan model. The financial institution advised against divesting to foreign states under government-to-government contracts due to impending litigation and instead suggested making public offerings on stock exchanges followed by privatization with open oversight from a special joint committee of the parliament. The bank precisely addressed the Inter-Governmental Commercial Transactions Act 2022 in its public expenditure review 2023 where it permits the administration to provide SOE shares to foreign governments. By doing so, the bank was alarmed that it could lead to lawsuits, provoke concerns over transparency and might impede the privatisation process henceforth. The bank also stated that SOE’s profits are halting in Pakistan which has resulted in huge losses. It apprised “the profitability of Pakistan’s federal SOEs is the lowest in the South Asian Region” because the profit is 0.8 per cent of GDP in 2014 which turned into losses worth 0.4 per cent of GDP in 2020. Thus, making it a significant driver of fiscal deficit and source of considerable fiscal risk. (Khaleeq Kiani, “World Bank flags concerns over privatisation approach,” Dawn, 9 October 2023)

Middle East violence hikes oil prices
On 9 October, the repercussions of the Israeli and Hamas violence have led to the rise of oil prices of more than USD 4 a barrel in Asian trade. The military clashes between Israeli and Hamas forces have caused political turmoil across the Middle East. By 0120 GMT, Brent crude was up USD 4.18, or 4.94 per cent, to USD 88.76 per barrel, while US West Texas Intermediate crude was up USD 4.23, or 5.11per cent, to USD 87.02 per barrel. The increase in oil prices reversed last week's downward trend, which was the worst weekly fall since March. Amid worries about rising interest rates and their effects on demand globally, Brent plummeted by about 11 per cent, and West Texas Intermediate (WTI) fell by more than 8 per cent. (“Oil prices jump more than $4 as Middle East violence rattles markets,” The Business Recorder, 9 October 2023)

EXTERNAL
Pakistan aids Afghan earthquake victims
On 8 October, the leadership of Pakistan expressed its profound sorrow and condolences over the loss of valuable lives and property in the tragic earthquake that struck Afghanistan's western provinces on 7 October. The Taliban administration reported that the earthquake, which was the deadliest to shake the quake-prone mountainous nation in years, killed more than 2,000 people and injured more than 9,000 others. The Foreign Office spokeswoman released a statement that stated, "The government and people of Pakistan are deeply saddened by the devastating earthquake that struck yesterday in Western regions of Afghanistan, resulting in tragic loss of life and widespread damage to property." Separately, President Dr. Arif Alvi expressed his deep sorrow over the fatalities caused by the catastrophic earthquake in Herat province. Arif Alvi requested assistance for Afghanistan in this time of need from the Islamic world and the international community in a statement. (“Pakistan offers support for Afghan quake victims,” The Express Tribune, 9 October 2023)

ENERGY/ENVIRONMENT
Pakistan detects signs of shale gas in a well
On 9 October, the nation discovered encouraging signs of the presence of heavy reservoirs of shale gas at the pilot well KUC-1, Hyderabad, Sindh, despite the fact that natural gas output is dropping by 8 to 9 per cent annually. Oil and Gas Development Company Limited (OGDCL) launched the project in 2020. According to a study by the United States Agency for International Development (USAID), Pakistan's multiple shale layers contain more than 3,000 TCF (trillion cubic feet) of shale gas resources. Dr. M. Saeed Khan Jadoon, head of the shale gas cell and advisor to OGDCL on oil and gas exploration, told The News that after reaching and fracturing the third layer, the process of digging the same well horizontally up to 1,500 to 2,000 meters within a depth of 3,000 to 6,000 meters would be done. He added, “We have vertically drilled the well and found two layers of rocks containing shale gas; OGDCL experts will continue to vertically dig up to the third layer in the first week of the next month.” (Khalid Mustafa, “Pakistan finds indications of shale gas presence in well,” The News International, 9 October 2023)

SECURITY
PMDC official killed in roadside blast near Quetta
On 8 October, a Pakistan Mineral Development Corporation (PMDC) official, Shabar Ali Mirza, was killed in a roadside explosion near the Sor Range coalfield, close to Quetta. The incident occurred while he was traveling to the coal mines. The blast, likely caused by a remote-controlled improvised explosive device (IED), which, according to a spokesperson for the Civil Hospital Quetta, resulted in “his immediate death. Emergency services and authorities quickly responded to the scene. The incident is under investigation, and so far, no group or individual has claimed responsibility for the attack. Balochistan’s Caretaker Chief Minister Mir Ali Mardan Domki and Home Minister Mir Zubair Ahmed Jamali have strongly condemned the incident. Domki stated that the culprits would be brought to justice as security forces have been “fighting against terrorism with courage and determination.” (Saleem Shahid, “PMDC official killed in blast near Quetta,” Dawn, 9 October 2023)

Terrorist killed in North Waziristan clash with security forces
On 8 October, the Inter-Services Public Relations (ISPR) stated that a terrorist, “known as Azeem Ullah alias ‘Ghazi,’” was killed in an exchange of fire with security forces in North Waziristan's Ramzak area. He was “actively involved in various terror activities against security forces and killing of innocent civilians.” The operation also led to the recovery of weapons and ammunition, with sanitisation efforts to neutralise any lingering threats. This is in the wake of Pakistan’s surge in terrorist activities recently, especially in Khyber Pakhtunkhwa, following the end of the ceasefire with Tehreek-i-Taliban Pakistan (TTP) last year. In August, the country witnessed the highest monthly tally of militant attacks in nearly nine years, according to a report by the Pakistan Institute for Conflict and Security Studies (PICSS). (“Terrorist killed in gun battle with security forces in North Waziristan: ISPR,” Dawn, 9 October 2023)

SOCIETY
There is a "low" risk of the Nipah virus in Pakistan says NIH
On 8 October, according to the National Institute of Health, Pakistan has a minimal risk of contracting the Nipah virus (NiV). However, it has advised officials at entry points across the nation to continue being watchful. Six instances of NiV were identified in the Indian state in September of this year, and the virus caused two fatalities, according to a warning from the NIH released on 7 October. The advice stated that there was a minimal chance of illness occurrence overall in Pakistan and that no confirmed cases of the infection in humans or animals had been reported as of yet. However, it added, "There are a number of factors that could allow NiV emergence in Pakistan, including evidence of the presence of Pteropus giganteus species of bats, international travel, and Pakistan's extensive border with India, where NiV outbreak has been documented." The NIH also emphasized a variety of precautions that the government might take to stop NiV from spreading to Pakistan. (“NIH says risk of Nipah virus in Pakistan ‘low’, urges vigilance at entry points,” Dawn, 9 October 2023)

Pakistan on Twitter

“Prioritizing national security and a robust economy should be above political considerations. Let's discuss the repatriation of illegal residents with the well-being of Pakistan in mind.”- Amal Shahzadi
“Evicting illegal and unregistered non-residents is crucial for Pakistan's strong economy and security. Various issues stem from illegal residents in the country, requiring swift resolution”
- Irsa

“The efforts of the Pakistan Army to restore the economy and bring stability to the country are highly commendable. The nation salutes the Army Chief for his concern for the recovery of the economy.”
- Zubiya

“Protests in solidarity with the Palestinian people are breaking out all around the world. Muslim countries as well as the West. But the Pakistanis and Pakistani government is MUM #PakistanArmy #Pakistan #FreePalastine.”
- Zara Ansari

Also read...

Dr Naazir Mahmood, ‘A pre-election watch
The News International, 9 October 2023
“Since elections are likely to take place in January 2024 – at least per the announcement by the Election Commission of Pakistan – the Human Rights Commission of Pakistan (HRCP) has taken the right step of starting to monitor the pre-election situation in Pakistan. It has formed a pre-election watch group that is keeping an eye on the emerging scenario in the country. The main thrust of this group will be on how the caretaker government, the establishment, the ECP, the judiciary, and the political parties themselves are maintaining or violating the rights of individuals, groups, and political parties in the months leading up to the next general elections. Respecting constitutional, fundamental, and political rights before the elections is as important – if not more – as the process on Election Day. All stakeholders must abide by the written and unwritten codes of conduct that all democracies must follow.”

Mariam Saleem, '
From crises to cultivation'
The News International, 9 October 2023
“Economic transformation is our sole path forward: we must urgently accelerate and sustain growth in the next 25 years to secure a stable, prosperous homeland for our children, honouring the legacy our forefathers tirelessly pursued. As Rumi wisely noted, the cure often resides within the ailment itself. Pakistan’s path to economic resurgence lies within its fertile soil. Contributing to a substantial 26 per cent of the GDP, employing 44 per cent of our workforce, and playing a pivotal role in export revenue, with the potential to influence every facet of our nation’s development agriculture remains the cornerstone of Pakistan’s economy – its very backbone.”

Wajid Islam, '
Lost opportunity'
The News International, 9 October 2023
“According to a UN report, 64 per cent of Pakistan’s population is below the age of 30, which makes it one of the world’s youngest populations. This young population can prove a phoenix of change if equipped properly with modern skills through education and training. The technical and vocational education and training (TVET) sector plays a pivotal role in the development of any country, by enhancing human capital and fostering economic growth. A well-trained and skilled workforce is the key to industrialization and economic prosperity. Developed and industrialized countries like Germany, Japan, the UK, and Finland, etc have paid special attention to technical and vocational education and are reaping its benefits.”
 
Adnan Anjum, '
Troubled norms, paradoxical politics in Pakistan'
The Express Tribune, 9 October 2023
“Pakistani democracy operates in a peculiar manner characterised by growing challenges in its commitment to safeguarding citizens’ rights and interests. This distinctiveness arises due to an environment riddled with persistent institutional interference. Consequently, the adherence to democratic principles aimed at promoting a citizen-centric agenda seems to have given way to an overreliance on individual politicians, often at the expense of public welfare. Over the last three decades, we have witnessed a recurring pattern of the establishment throwing its weight behind one political figure after another while simultaneously subjecting their predecessors to legal battles and court cases, often resulting in their exile.”
 
Kamran Yousaf, '
Pakistan-Afghan Taliban divorce?'
The Express Tribune, 9 October 2023
“The real shift in Pakistan’s stance began when there was a change of army command. Unlike his predecessor, Army Chief General Asim Munir made it clear that Pakistan would no longer hold talks with TTP. Islamabad has hardened its stance while Kabul continued to find excuses one way or the other. Few perhaps imagined that two years after Taliban’s return to power, Pakistan and Afghanistan relationship would be at the lowest ebb. Unlike the past, Pakistan has decided to raise the cost of Afghan Taliban for supporting TTP. The move to deport Afghans residing in Pakistan illegally, introduction of ‘single document regime’ and trade restrictions is a clear message for the Afghan Taliban — no business as usual if you harbour our enemies. The jury is out if Pakistan’s punitive measures would succeed.”

 

 



 

 “The lesson of the hybrid experience is that it is inherently unable to provide coherent and effective governance.”
- An opinion in Dawn, ‘
Unlearnt lessons
 

 

 

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