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Punjab: Joint inquiry to investigate Bahawalnagar incident between police and army personnel

In Focus
Punjab: Joint inquiry to investigate Bahawalnagar incident between police and army personnel
On 12 April, the Punjab government and Pakistan army vowed that transparent investigations into a “face-off” between police and army personnel following the arrest of a serving officer, would be carried out. So far, four personnel of Madressah police have been booked and arrested for illegally detaining a man and his two sons, while Maroot police SHO has been suspended with a departmental inquiry initiated against him for airing “misinformation” on the matter on social media. As per an FIR lodged on the complaint of inspector Saifullah Hanif with Madressah police on 10 April, former SI/SHO Rizwan Abbas, ASI Mohammad Naeem, constables Mohammad Abbas and Ali Raza arrested Mohammad Khalil and Mohammad Idrees and their father Mohammad Anwar. The arrested individuals had been nominated in a separate FIR registered on 8 April and were detained at the police station for more than 24 hours instead of being presented before a magistrate. Naeem and Abbas also raided Anwar’s house on 7 April. Meanwhile, Khalil, who is also an army official, and Idrees along with other family members, took the two policemen hostage. A video of the same was uploaded on social media. Following this, a police team freed the two SHO and ASI, arrested Anwar and his sons, subjected the family members to torture, and ransacked their house; a video of this also went viral. A case was then registered against 23 of Anwar’s family members under sections 324, 353, 379, 506B, 342, 186, 148, and 149 of PPC and the Punjab Arms Amendment Ordinance 2015.
 
As per sources, once the Bahawalnagar district police officer found out about the detention of Anwar and his sons, he initiated an inquiry into the matter; after finding them guilty, he registered a case against Abbas, Naeem, Raza, and Iqbal, and had them arrested. According to the incident report released on 10 Apil, the accused policemen carried out the raid in violation of SOPs and did not inform their higher-ups that the arrested included an army personnel. An official spokesperson of the Punjab government stated: “The Bahawalnagar incident is regrettable and the Punjab Government has formed a Joint Inquiry Team comprising the Home Department as well as state security agencies to ascertain facts and fix responsibility for this incident.” The Inter-Services Public Relations (ISPR) also released a statement, saying: “To bring the matter to its logical conclusion and to ensure that those responsible for breach of laws and abuse of authority are held fully accountable without any discrimination, a Joint Investigation Team comprising army, intelligence and police authorities is being formed for an impartial and independent investigation into the incident and apportion responsibility.” (Ejaz Chaudhry & Asif Chaudhry, “Investigations ordered into Bahawalnagar ‘stand-off’,” Dawn, 13 April 2024)

In Focus
LHC judge holds definition of “child” in Child Marriage Act, 1929, to be “discriminatory”
On 13 April, Dawn reported that the Lahore High Court (LHC) declared the definition of “child” in the Child Marriage Act, 1929, as unconstitutional, and directed the Punjab government to revise the provincial version of the legislation to end the age-based distinction between males and females. Justice Shahid Karim observed in a judgement that the definition, “while making a distinction on the basis of age, is not based on intelligible criteria having nexus with the object of the law.”
 
The judgement was passed in response to a public interest petition filed by Azka Wahid, represented by Barristers Hamza Shahid and Daraab Wali, who challenged the definition of “child” contained in the 1929 Act as amended by the Punjab Child Marriage Restraint (Amendment) Act, 2015, to criminalize child marriage in the province. Section 2 (a) of the 1929 Act says that a “child” is a person who, if a male, is under the age of 18, and if a female, is under the age of 16. The lawyers asked the LHC to declare this section unconstitutional as it offends the equality clause in the Constitution. Karim stated that while scientifically a female attains puberty at a different age, it does not necessarily allow a parent to marry off a female child. He also remarked that the “right question to ask is whether, notwithstanding the appearance of signs of puberty differently in males and females, the government is empowered to prescribe a minimum age for marriage or not?”
 
While the theme of the 1929 Act is to “restrain the solemnisation of child marriage,” its purpose has been muddled by providing different ages for males and females. As per a report by the advocate general, in Pakistan, many children are victims of child marriage, of which 21 per cent of girls are married before the age of 18. The report also cited the Demographic Health Survey of Pakistan (2017-18), which states that though the average age of marriage of girls is increasing, child marriage at the age of 15 has also risen from 1.6 to 1.8 per cent. Thus, Karim noted: “We, as a nation, woefully lag in all major indicators and half of our population cannot be lost to child-bearing at an early age, while its potential remains untapped.” He also asserted that the “definition of child, in its present form, in 1929 Act, is discriminatory.” (Wajih Ahmad Sheikh, “Child Marriage Act 1929: Striking down gender-based definition of ‘child’, LHC seeks revised legislation,” Dawn, 13 April 2024)

In Brief
POLITICS
Opposition coalition TTAP to hold countrywide movement against 8 February elections
On 13 April, PTI Secretary General Omar Ayub Khan announced that a coalition of six opposition parties under the name of Tehreek Tahafuz Ayeen-i-Pakistan (TTAP) would hold a countrywide movement for the rule of law. The coalition is set to hold public meetings on 13 April, and will also try and gain the support of bar associations, university students, and other parties for the campaign against the PML-N-led coalition. Pashtoonkhwa Milli Awami Party’s (PkMAP) Chairman, Mehmood Khan Achakzai, was nominated as president of the alliance following a meeting of the parties, which was presided over by BNP-M Chief Sardar Akhtar Mengal.
 
The chairman of the Sunni Ittehad Council, Majlis Wahdat Muslimeen, and the leader of the Jamaat-i-Islami were also present. Khan clarified that the movement was being launched against alleged rigging in the 8 February elections, in an attempt to protect the constitution, restore the rule of law, and reject the ‘government’ established by allegedly tampering with the election result. They also rejected the hike in gas and electricity rates, and Khan added: “All political parties have joined the opposition alliance of their own will in view of the deteriorating situation in all fields.” Achakzai specified that the opposition coalition was not “against the army,” but had “objections to its political role.” JI’s Liaquat Baloch also stated: “I agree with the decision and announcement of the alliance meeting and we will give our stance after the meeting of Jamaat’s Shura.” Khan explained that the protest would begin in Balochistan and then expand across the country. (Saleem Shahid, “Opposition alliance to launch countrywide drive,” Dawn, 13 April 2024)
 
ECONOMY
Government borrowing from domestic banks reaches a high in the first nine months of FY24
On 13 April, Business Recorder reported that as per data from the State Bank of Pakistan (SBP), the federal government’s budgetary borrowing from the scheduled banks increased by 138 per cent to reach a record high of PKR 4.8 trillion during the first nine months of FY24. The rising spending requirements, which forced the government to borrow from scheduled banks, were done to finance the fiscal deficit. In the same period in FY23, borrowing from scheduled banks stood at PKR 2.033 trillion.
 
Under the IMF’s Stand-by Arrangement (SBA), the government had to restrict its borrowing from the SBP; instead, it repaid PKR 33.27 billion during the first nine months of FY24 against the borrowing of PKR 828.6 in the corresponding period of FY23. Statistics for the period under review indicated that provincial governments have better financial health, as they cumulatively repaid PKR 315.4 to the SBP. However, the crisis facing the federal government has forced it to borrow more from domestic banks, and it plans to borrow PKR five trillion in the last quarter of FY24 to finance its budget deficit through treasury bills and bonds. (Rizwan Bhatti, “Jul-Mar period: Govt borrowing soars to record high of Rs4.8trn,” Business Recorder, 13 April 2024)
 
SECURITY
Unidentified militants kill 11 people in Balochistan’s Nushki district
On 12 April, as per the Deputy Commissioner of Nushki, Habibullah Musakhel, unidentified militants gunned down 11 persons in Balochistan’s Nushki district. More than a dozen militants blocked the Quetta-Nushki-Taftan N-40 National Highway at a point which was a kilometre away from Nushki and started checking vehicles, before opening fire on a vehicle that did not stop. The bus, which was driven by the brother of JI Balochistan MPA Ghulam Dastgir Badini, overturned and caused two people to die and two to sustain injuries. A motorcyclist was also hit and injured. An officer added that militants stopped a passenger bus from Quetta, and abducted nine persons who had their address listed as Punjab. Later, their bodies were found under a bridge in the vicinity. The men were labourers belonging to Mandi Bahauddin, Wazirabad and Gujranwala. Police have speculated Baloch separatist organizations could be responsible, and have launched a search operation in the area. Balochistan’s Chief Minister, Mir Sarfraz Bugti, condemned the murders and emphasized that the terrorists responsible for the inhuman crime would not be pardoned. (Salman Ashraf, “11 killed as terrorists strike in Nushki,” The News International, 13 April 2024)
  
PROVINCES
Balochistan: Government asserts resolving missing persons’ case is a priority
On 12 April, the Balochistan government rejected claims that there were “thousands of missing persons’ cases,” asserting that the Commission of Inquiry on Enforced Disappearances was functioning to resolve complaints. It also denied the allegations accusing authorities of stalling probes into the matter. As per the government, the cases with the Commission were not in “thousands,” and several fake cases had been detected as well. A spokesperson mentioned that the government was prioritizing resolving the issue of missing persons, and stated: “If a family thinks that a member is missing, then it can directly contact the commission.” Some individuals named in the list were found involved in terror activities, as per the spokesperson. (“‘Some’ missing persons linked to terror incidents, claims Balochistan govt,” The News International, 12 April 2024)
 
Khyber Pakhtunkhwa: Protestors block highway following action against Hazara officers over Bisham attack
On 12 April, protestors from Kohistan protesting the federal government’s punitive action against Hazara Division police officers over a failure to prevent a terrorist attack on Chinese nationals in March, blocked the Karakoram Highway. Maulana Khairun Nas told protestors in Lower Kohistan that the “incident has happened in neighbouring Shangla district [but] deputy inspector general of police Hazara and district police officers of Upper and Lower Kohistan have been suspended and facing inquiries.” In Upper Kohistan, residents led by Maulana Wali Jan Tohidee blocked the highway, raising slogans against the federal government for failing to take action against those who had failed to check the attack on the Chinese nationals’ convoy in Bisham. Nas asserted: “We strongly condemn such cowardly attack on Chinese at KKH in Shangla, but at the same time declare the federal government action against Hazara police illogical and discriminatory.” They also criticized Prime Minister Shehbaz Sharif for allegedly ignoring the family of a Kohistani driver who was killed in the attack, emphasizing that if a “financial package” for his family is not provided, the protest would continue. (Nisar Ahmad Khan, “Protesters decry punishment for Hazara officers over Bisham attack,” Dawn, 13 April 2024)

Opposition parties announce Movement for Protection of Constitution of Pakistan from Quetta. -Mubashir Zaidi   Economists are predicting that one crore more Pakistanis will go below the poverty line in the next one year. The total number will be ten crore. This govt is going to be the most incompetent govt in the history of Pakistan. -Anwar Lodhi   And Asim Munir thinks that he can shut down social media and all will be well. No one is safe from the Wardi, and no one will invest in Pakistan’s law of the jungle. -Salman Ahmad

“Ours is a society in decay, afflicted by a deep rot.” -An opinion in Dawn, ‘Roots of barbarism’