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In Brief
JUDICIARY
Ordinance to empower Chief Justice put forward in Supreme Court
On 1 November, the President promulgated “The Supreme Court (Practice and Procedure) (Amendment) Ordinance 2024,” which allows the Chief Justice of Pakistan more authority in determining the constitution of benches arrived at the Senate. As per the ordinance, the composition of the three-member committee is that the chief justice will choose the other two judges of the Supreme Court (SC), the next most senior judge, and the other judge. The ordinance also calls for the alteration of how cases will be handled. Before taking up any case, the ordinance warrants that it should be determined if the case is of public importance or not. It also takes away the SC’s power to hear cases which are out of its turn. Hence, if a bench hears a case, “out of its turn shall record its reasons for doing so.”
Separately, a Senate panel has agreed to increase the number count of judges in the apex court from 17 to 25. The bill was introduced by Senator Abdul Qadir amid opposition from the Pakistan Tehreek-e-Insaaf and the Jamiat-e-Ulema-e-Islami (F) (JUI-F). (Ifthikar A Khan, “Ordinance giving more powers to top judge lands in Senate,” Dawn, 2 November 2024; “Senate committee approves bill to increase SC judges from 17 to 25,” The Express Tribune, 1 November 2024)
“The 26th Amendment, by altering the judicial appointment process and curbing the judiciary's independence, threatens to undermine the very foundation of Pakistan's constitutional framework,” suggests an opinion in The Express Tribune
On 1 November, an opinion titled “26th constitutional amendment: experimentation continues,” by Dr Syed Akhtar Ali Shah, discusses the recently passed 26th Amendment act. The author argues how the amendment stands to weaken articles 175, which calls for the separation of powers from the judiciary and the executive, and 175-A, which underwent two amendments. The former aimed at the establishment of a Judicial Commission and a Parliamentary Committee to appoint judges of the High Court and the Supreme Court (SC), and the latter increases the strength of the SC judges within the Judicial Commission, thereby reinforcing the idea of separation of powers within the judiciary and judicial independence. However, the 26th Amendment has foiled all such events as it weakens Article 175-A. It defeats the principle of seniority with the provision of appointing the Chief Justice based on a “recommendation of the Special Parliamentary Committee from among the three most senior Supreme Court judges.”
The newly formed Special Parliamentary Committee consists of 12 members: eight from the National Assembly and four from the Senate.
The 26th Amendment package takes away the SC’s suo moto powers, its power to transfer cases from the High Court to itself, and even curbs the High Court’s suo moto powers to transfer cases to itself. This results in the limitation of their “capacity to deliver complete justice.” That is not all, one of the most striking features of the amendment is the creation of Constitutional Benches within the SC and the high courts, which will handle cases that require constitutional interpretation. It may not seem like much of an issue, but the means employed to obtain the ends constituted“questionable tactics to secure the necessary votes,” thereby compromising upon the Parliament’s sovereignty and legitimacy. (Dr. Syed Akhtar Ali Shah, “26th constitutional amendment: experimentation continues,” The Express Tribune, 1 November 2024)
SECURITY
Bill on preventive detention introduced in National Assembly
On 1 November, the government introduced a bill in the National Assembly which grants the military and other law enforcement forces greater authority to detain individuals suspected of terrorism in preventive detention for a period of three months. The bill introduced by Deputy Speaker Syed Ghulam Mustafa Shah calls for amendments to the Anti-Terrorism Act (ATA) 1997. According to the Statement of Objects and Reasons of the bill, read as follows: “The current security situation requires a robust response that goes beyond the existing legal framework and therefore, the amendment in section 11EEE is required to be inserted to empower government, civil and armed forces or armed forces to detain an individual who poses a significant threat to national security.” The amendments to Section 11EEEE of the Act law enforcement authorities will carry out preventive detention on the basis “of credible information or reasonable suspicion, thereby disrupting terrorist plots before they can be executed.” It also aims at providing these agencies legal support “to conduct more effective operations against terrorism.” Consequently, a Joint Investigation Team consisting of military and “intelligence agencies” will be able to “to conduct comprehensive inquiries and gather actionable intelligence.”
Though the 11EEEE of the ATA was amended back in 2014, in a similar manner, it was valid only for a period of two years, thereby leading to its expiration in 2016. The amendment authorizes the government or the relevant security personnel involved to detain individuals for three months on the grounds of threat to the public interest or “relating to the security or defence of Pakistan.” It further adds that the detention of such people may be extended for another period of three months, on the basis of the provisions linked to Article 10 of the Constitution. The provisions of Article 10 allow individuals arrested to be informed on what grounds they are being detained. (Dr Syed Amir Wasim, “Bill tabled for ‘preventive detention’ of terror suspect,” Dawn, 2 November 2024; Asim Yasin, Muhammad Anis & Mumtaz Alvi, “LEAs to be authorised to detain person for 3 months,” The News International, 2 November 2024)
Militant attack kills nine in Mastung
On 1 November, an explosive device near a girls’ high school in Mastung, Balochistan killed nine including six schoolchildren and a police officer. On 2 November, an editorial titled “Mastung bombing,” noted how Balochistan has seen a surge in “separatist insurgency” while “extremist outfits have been less ‘prolific’,” The editorial highlights the ineffectiveness of the security forces in Balochistan, despite significant presence. The State may have destabilized these groups by killing these groups’ leaders however, they continue to reorganize. Another editorial in the News International titled “Mastung attack,” focussed on the root causes of violence and insurgency. Due to consistent silencing of the grassroots by those in power, has created a vacuum for “malicious elements to exploit.” The editorial notes how unmet needs make way for individuals to tread “extremist paths.” However, on the downside, there are entire families and communities which are impacted by these attacks.
Within the larger context, there is a deepening societal division between the haves and the have-nots. The editorial highlights how Pakistan’s quest for economic growth is by attracting foreign investment but not prioritizing stability. The state ought to take steps towards ensuring stability and security at the ground level irrespective of its socio-economic status to “foster an environment conducive to peace and economic prosperity.” (Mohammad Zafar Baloch, “Blast near police van on security duty of polio team kills 9 in Mastung,” The News International, 2 November 2024; “Mastung bombing,” Dawn, 2 November 2024; “Mastung attack,” The News International, 2 November 2024)
ECONOMY
State Bank of Pakistan foreign reserves reach USD 11.5 billion
On 1 November, Dawn reported that the foreign currency reserves of the State Bank of Pakistan (SBP) saw a spike by USD 116 million, which now amounts to USD 11.5 billion. The trend of increasing foreign reserves continues to post the arrival of the first tranche under the International Monetary Fund (IMF) programme. According to the experts, the foreign currencies at SBP can sustain two month worth of imports. (“SBP reserves rise $116m,” Dawn, 1 November 2024)
Petroleum, diesel and LPG rates soar as international market prices decrease
On 1 November, Dawn reported that petrol and diesel prices would see an increase by PKR 1.35 and PKR 3.85 respectively. This comes even though there has been a decrease in the international prices of crude oil products. The Government currently levies PKR 76 per litre duty on petrol and high-speed diesel (HSD). Further, what hurts the masses is the petroleum development duty that amounts to PKR 60 on both petrol and HSD. An additional PKR 17 is charged from the customers that go towards the distribution and sales profits of the oil firms.
On another note, LPG prices are also set to go up in November by PKR 2.88. The price increase was because of the spike in Saudi Aramco contract price. (Khaleeq Kiani, “Govt ‘surprises’ consumers with hike in petrol and diesel rates,” Dawn 1 November 2024)
Prime Minister has to first focus on crucial structural and policy reforms in areas that directly affect investors argues an editorial in Dawn
An editorial in Dawn titled “Seeking Investment” discussed the sorry state of foreign investment in Pakistan. It mentioned how the Government exaggerated the figures of investment coming from Gulf countries, however, only a tiny portion was received by Pakistan. It stated that no investors from Qatar or any Gulf nation had shown any interest in investment in Pakistan International Airlines and Islamabad Airport. The editorial is also skeptical about the arrival of Chinese investment for the second phase of the China-Pakistan Economic Corridor (CPEC) as China is furious over security lapses and the narrative surrounding the CPEC’s power plants. The editorial criticized the Prime Minister’s visit to Gulf countries, arguing that he was overselling Pakistan’s economic capability for attracting foreign investments and that these won’t bear any results unless reforms are made in policy areas that impact investors. (“Seeking Investment,” Dawn, 1 November 2024)
Qatar to advance USD 3 billion investment
On 1 November, the Federal Minister for Information, Attaullah Tarar, announced that Qatar would invest USD 3 billion in Pakistan. The minister disclosed this information while speaking at a news conference, on the Prime Minister’s visit to Saudi Arabia. He stated that a delegation from Qatar would soon arrive in the country to finalize the investment agreement. He highlighted how it would boost the economy and benefit the masses. Speaking about PM Shehbaz Sharif’s visit to Saudi, the Minister stated how 27 MoUs were signed between the countries before the PM’s visit. He said that PM Sharif and Crown Prince Mohammed Bin Salman had very productive engagements. Additionally, the number of MoUs signed between the countries rose from 27 to 34, while the investment volume rose to USD 2.8 billion. (“Qatar to invest $3bn in Pakistan: Attaullah Tarar,” Dawn, 2 November 2024)
Economy on upturn as trade deficit shrinks
On 2 November, according to Dawn, as a part of its renegotiation efforts linked to the terms of the power purchase agreements, the government is set to introduce a new financial model to 18 independent power producers (IPPs), which will not cut its capacity payments but also reduce electricity tariffs. A government official said: “They [IPPs] have made good money. Now it is incumbent upon them to help solve the crisis facing the consumers and the economy at large.”
The government plans to dispose of the take-or-pay model under which IPPs receive fixed payments to fund their capital and operational costs, irrespective of the electricity purchased by the grid. It claims that these IPPs presented exaggerated estimates of their fixed costs, however, power producers deny it. According to them, they were able to generate more profits from the efficient functioning of the plant. As per the model, capacity payments will be revised from 70 to 75 per cent of the previous five years’ average annual fixed costs. Responding to this development, IPP representatives opined how coercive these measures are, and how they could compromise upon investors’ confidence and even affect the government’s goal of privatizing state-owned entities. A letter addressed to Prime Minister Shehbaz Sharif by 10 IPPs seeks the termination of their contracts and the settlement of outstanding payments.
Against the backdrop, inflation rates rise to 7.2 per cent in October up by 0.3 per cent, from 6.9 per cent in September. Data from the Pakistan Bureau of Statistics attributes the increase to the rise in food item prices. However, it is still lower than the inflation rates recorded in the last three years. Historically speaking, inflation rates have often been driven by the food and energy sectors. However, in 2024, improved yield of wheat, rice, and sugar as well as lower reliance on imports helped reduce prices of consumables.
The International Monetary Fund forecasts a 9.5 per cent CPI inflation, a downward revision from 12.7 per cent for fiscal 2025. On the other hand, exports have risen to USD 10.8 billion in the first quarter compared to the previous quarter’s growth which was at USD 9.59 billion. On a month-on-month basis, exports in October went from USD 2.68 billion to USD 2.97 billion, showcasing a 4.9 per cent growth. This growth is linked to the increase in orders from global buyers where they started sourcing clothing from Pakistan instead of China or Bangladesh. On the bright side, even imports dipped from USD 4.86 billion in October 2023 to USD 4.47 billion in October 2024. Even the IMF revised its forecast to USD 57.2 billion from USD 60.5 billion, down by USD 3.3 billion. Consequently, the trade gap has also contracted in the July-October period by 5.59 per cent. (Nasir Jamal, “New payment model for IPPs without ‘profit bonanza’,” Dawn, 2 November 2024; Mubarak Zeb Khan, “October inflation rises to 7.2pc amid food costs hike,” Dawn, 2 November 2024; Mubarak Zeb Khan, “ Exports rise 13pc to $10.8bn,” Dawn, 2 November 2024)
PIA auction stalled for the second time
On 31 October, the second auction of Pakistan International Airlines (PIA) fell through as its sole bidder did not meet the government’s expectations. Blue WorldCity, a real-estate development company, offered PKR 10 billion for a 60 per cent stake, instead of the PKR 85 billion price fixed by the Privatization Commission. The Blue World City consortium was not open to negotiations as the bid price was based upon their assessment. The consortium chairman, Saad Nazir said: “If the government does not privatize PIA, we wish all the best for them, and if they want to run the airline themselves, we pray for them.” In his opinion, the government’s minimum price was incorrect as it did not account for the “significant leakages” within the organization. The commission on the other hand believes that if the bid price is less than the government’s minimum target price then it would decide whether it would “continue the bidding process” or ask the bidder to “match its bid price with the” the commission’s “minimum expectations.” Worst case scenario, if the bidder declines the commission’s requests or provides a lower minimum price then the commission will ask the federal cabinet to approve it. The auction process first began in June when the government chose six groups pre-qualified to bid on the airline, however only one submitted its final documents before the deadline.
In other news, the auctioning has sparked controversy among the labour union and political representatives. While the PIA Employees Union filed a petition against the Rawalpindi bench of the Lahore High Court against the privatization, the Pakistan People’s Party also called out the Privatisation Commission for “keeping parliament in the dark.” On 2 November, an editorial titled “Privatization or punchline,” in The News International discussed what may have gone wrong for the bid to collapse. The editorial explains the context that led up to the auctioning of the air vessel. It all roots back to when the International Monetary Fund (IMF) highlighted the need to privatize state-owned enterprises as a part of its Extended Facility Fund (EFF). The government felt the necessity to display its "commitment" and “competence.” But after the five interested investors withdrew over concerns of “PIA’s financial burdens, aged fleet, and operational challenges”, the government’s ill-conceived and poorly executed efforts came to light. The editorial further underlines the reason behind the failure to privatize the PIA, and that is “mismanagement.” The editorial says that if the government is unable to “effectively manage the sale of a major state asset, what confidence can we have in its ability to handle other privatization initiatives that lie ahead?” (Amin Ahmed, “PIA sale stalls as lone bid ‘too low to consider’,” Dawn, 1 November 2024; Israr Khan, “PIA sale hits turbulence as lone bidder offers less than govt minimum,” The News International, 1 November 2024; “Privatization or punchline?” The News International, 2 November 2024)
“Without such changes, even the best-laid reform plans will continue to be undermined by the forces that have plagued the sector for decades,” suggests an opinion in The News International
On 2 November, an opinion titled “Why power-sector reforms fail,” in The News International by Dr Khalid Waleed explores the underlying causes behind why Pakistan’s power reforms fail. The author seeks to look beyond technical solutions and draws focus on institutional and structural factors of the power sector. Geographical limitations and socioeconomic factors are not the only root causes behind Pakistan’s power sector failure. It is “the institutions governing its energy sector.” By drawing insights from Laureates Daron Acemoglu and James Robinson’s ‘Why Nations Fail’, the author quotes them on their “ignorance hypothesis.”
The government may believe that it is the absence of expertise among policymakers in the power sector, which has led to “repeated hiring of consultants, commissioning of studies, and reliance on external technical expertise.” However, the lack of knowledge is not the issue here. The author calls for the need for a “homegrown power-sector agenda that integrates electricity with a productive economy.” It is also the extractive nature of institutions where wealth and power are concentrated in the hands of a few. Drawing inspiration from Acemoglu and Robinson, the author states that Pakistan would have to establish an inclusive institution in which power distribution and political accountability are robust. The author further explains: “. In Pakistan, this would mean reducing the influence of vested interests, introducing transparency in energy contracts, and strengthening regulatory bodies to function independently of political interference.” (Dr Khalid Waleed, “Why power-sector reforms fail?,” The News International, 2 November 2024)
PROVINCES
BYC rallies against the disappearances of two Baloch students
On 2 November, Dawn reported that the Baloch Yakjethi Committee(BYC) organized protests to mark their dissent against the forced disappearances of two Baloch students. The family members of the two missing Baloch students stated that the latter were just students and asked what crime they commited that had led to their disappearance. The protesters at the rally showcased their dissent using signs and posters and chanting slogans criticizing the Government. (Saleem Shahid, “Demo for recovery of missing Balochistan University students,” Dawn, 2 November 2024)
Smog issue continues to fret Punjab
On 1 November, Dawn reported that the Punjab Government had announced measures for tackling the serious problem of smog in the region. This included a total prohibition on activities that generate smog, holidays for specially abled children. On 30 October, the government called for a green lockdown in areas where the smog level reached dangerous levels. The Smog calamity in the state was put under Section 3 of Punjab National Calamities Act 1958 which permits the Government to appoint relief commissioners for the upkeep and restoration of the affected area. The Government had put a ban on burning “crop remains, solid waste, tires, rubber, plastics”, automobiles that visibly emitted smoke and, firms which did not comply with emission control systems.
Despite the attempt of the Government to tackle smog, violations of the green lockdown continued to take place. People did not comply with mask norms, no actions were taken against people parking in locked down spots, rickshaws continued to operate, and sweeping of roads by the Lahore Waste Management Company without water continued to take place. (Imran Gabol, “Govt declares ‘smog calamity’ across Punjab,” Dawn, 1 November 2024)
EXTERNAL
Pakistan and Qatar seek to enhance their bilateral ties
On 2 November, Dawn reported that Pakistan and Qatar have pledged to further strengthen their relations and look for new areas of cooperation to increase bilateral engagement. In his two-day visit to Qatar, PM Shehbaz Sharif met Qatari Emir Sheikh Tamim bin Hamad Al Thani and Prime Minister and Foreign Minister of Qatar Sheikh Mohammed bin Abdulrahman Al Thani. PM Sharif praised Qatar’s unwavering support to Pakistan and deliberated upon investment options in the country. The Qatari PM emphasized the significance of Pakistan as a “strategic partner” and his country’s commitment to enhancing ties between the two nations. The bilateral meeting in Qatar witnessed the presence of the business community of Qatar and Pakistan who stressed achieving the objective of increasing “trade, investment and economic partnerships.” The two sides also deliberated upon how partnerships in various areas could create jobs and ensure sustainable development in both countries. (Syed Irfan Raza, “Pakistan, Qatar to explore ways to expand ties,” Dawn, 2 November 2024)
INDIA VIEW
“Kashmir’s resistance is a call for self-determination” claims an opinion in The News International
An opinion in The News International titled “Kashmir’s unyielding spirit” discussed the measures that were taken by the Government of India post-2019 to further tighten their grip in the state of Jammu and Kashmir. The author alleged that Jammu and Kashmir after the revocation of Article 370 saw the Hindu community settling in, thus changing the demography of the region. She mentioned the closure of the internet in the valley and claimed that it had disrupted sectors like education and health in addition to being an attack on freedom of speech. She alleged that several residents of Jammu and Kashmir were arrested under decrees such as the Public Safety Act and the Unlawful Activities Prevention Act. She further claimed that these measures have disrupted the information and communication in the state and had led to the death of thousands in the skirmishes and military operations. PPP Chairman Bilawal Bhutto voiced his concern against the alleged atrocities in Jammu and Kashmir stating “that they are not alone in their struggle”. She sees the recent elections in the region as a testimony that the people of Jammu and Kashmir want their autonomy and have rejected the Government of India’s measures that seek to tighten their control. She argues that the people of Jammu and Kashmir have been fighting long for acknowledgment of their separate identity and their deep-rooted grievances. (Sharmila Faruqi, “Kashmir’s unyielding spirit,” The News International, 1 November 2024)
MEDIA
2024 is seen as the worst year for journalists in terms of safety
On 1 November, The News International reported that according to a report published by “Freedom Network Impunity Report”, 2024 has been one of the worst years in terms of the safety and security of journalists. The report targeted the inefficiency of the Federal and Sindh governments in imposing legislations that were previously passed for the protection of journalists such as the “Federal Protection of Journalists and Media Professional Act 2021 and Sindh Protection of Journalists and Other Practitioners Bill 2021”. Sindh tops the charts where the rules to protect journalists are violated which was followed by Punjab, Islamabad, Khyber Pakhtunkhwa, and Balochistan. Among the victims, TV Journalists were the most targeted followed by print media, digital journalists, and radio journalists. The report has also come up with a new Media Impunity Index that measures the improvement in initiating safety mechanisms for journalists and ranks Sindh at the top, followed by the Federal Government. Balochistan, Khyber Pakhtunkhwa, and Punjab lag at the very bottom. (“Deadly year for journalists in Pakistan as impunity compromises safety,” The News International, 1 November 2024)
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The previous government misused the ECL law.
Federal Law Minister Azam Nazir Tarar
-PMLN Digital
By removing Imran Khan, Pakistan has only suffered a loss!
-PTI
“It is tragic that hundreds of journalists have been killed or tortured in Pakistan over the past decade, and in almost all cases the perpetrators have escaped prosecution. This impunity for crimes must end; And it will happen."
Chairman Pakistan People's Party Bilawal Bhutto Zardari
-PPP
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"The temptation to find judicial solutions to political problems should be resisted."
- An opinion in Dawn, ‘Basic structure, again’
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