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Week Ending : 06 December 1997 Issue : 03/49
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Leghari caused present crisis, says Nawaz
Sajjad cancels full court orders
Cabinet decides to impeach president
Judges stick to their guns, two cause-lists issued
Sajjad suspends 13th Amendment
10-member bench overturns suspension
Ajmal Mian forms benches
PM blamed for crisis
Wasim takes over as acting president
PPP's dilemma on president's exit
Ajmal Mian sworn in as acting CJ
SC bench issues notice to Sajjad
Sajjad to contest case, SC told
Benazir, Asif stopped from operating accounts abroad
Presidential election on Dec. 31
LHC restores NTM contract
PM's daughter files discrimination plea
Opposition and treasury benches trade accusations in Senate
Asif Zardari's trial to be held in Karachi prison
---------------------------------
Country suffered Rs75bn loss due to crisis, PM told
Negotiations to sell 50pc KESC shares to Daewoo
Pakistan's external financing needs touch $24.3bn mark
Pressure to raise WAPDA's power charges
Dumping duty of 6.4pc imposed
Reserves fall by $300m in 2 weeks
KSE index falls 11 points on Moody's rating rumors
---------------------------------------
Refutation and assertion By Ardeshir Cowasjee
The fatal flaw Irfan Husain
The siege from within
After the dark night
-----------
Chanderpaul, Campbell lift Windies to 303 in 2nd Test
Pakistan down WI by record margin
Eyles survives scare, Zubair crashes out
Jansher Khan surges into quarter-finals
Jansher bamboozles Ryan, Eyles falls to Chaloner
Jansher edges out Power to enter Mahindra final
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971201
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Leghari caused present crisis, says Nawaz
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Bureau report
ISLAMABAD, Nov. 30: Prime Minister Nawaz Sharif blamed President
Farooq Leghari for the political crisis and said the presidency
could have averted the deadlock, but did nothing to save the
parliament and the constitution.
In a 26-minute address to the nation over radio and television, the
prime minister vowed to face "every difficulty for the sake of
national interest", the prime minister said he had not been voted
to power to contest cases in courts, but to work for rehabilitating
the economy.
The prime minister said the nation was witness to the "process of
tearing the Constitution apart during the past few weeks." He
mentioned that the president had signed 300 ordinances sent by the
Benazir government to him, but refused to sign into law the
Contempt of Court amendment bill. Both houses of parliament had
approved this bill.
He was of the view that the government-judiciary row followed the
passage of the anti-terrorism law in August as the question of
judges appointment had not surfaced till the end of July. He said
after Oct. 29, when certain legal matters began to push the country
towards a crisis and the supremacy of the constitution was
challenged, it became imperative on him to explain to the nation
the causes behind the crisis. He said no authority except for the
parliament was empowered to change the Constitution.
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971201
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Sajjad cancels full court orders
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Staff Correspondent
ISLAMABAD, Nov. 30: Chief Justice Sajjad Ali Shah "cancelled" the
administrative order of Justice Saiduzzaman Siddiqui constituting a
full court of 15 judges, and asked judges to follow the roaster
issued by him.
In a seven-page administrative order, the chief justice said: "I,
as chief justice acting within my powers, cancel the administrative
order passed by Mr. Justice Saiduzzaman Siddiqui constituting the
Full Court of 15 judges to hear the petitions".
Justice Saiduzzaman Siddiqui refused to receive the administrative
order issued by Justice Sajjad Ali Shah on the ground that it
amounted to "interference with the judicial process sub judice
before the Full Court and fixed for hearing." He , however,
directed the court Registrar to place "any statement intended to be
filed by Justice Sajjad Ali Shah" before the Full court at the time
of hearing.
Justice Siddiqui said if any statement was placed before the full
court, it would be considered by the court and disposed of on merit
and in accordance with the law. The chief justice in his
administrative order, said the only way to save the Supreme Court
from damage and erosion was to accept his order. He said attempts
were being made to divide the judiciary and "events show that it
has been done with a substantial amount of success."
He said he was surprised to note that an administrative order was
passed by Justice Saiduzzaman Siddiqui constituting full court for
hearing of constitutional petitions which involved questions about
the validity of his appointment as chief justice.
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971202
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Cabinet decides to impeach president
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Bureau Report
ISLAMABAD, Dec. 1: The federal cabinet, decided in principle to
impeach President Farooq Leghari. The cabinet also discussed the
role of the president in the recent crisis and the intra-Supreme
Court differences. The members were of the view that the judiciary
should sort out its differences on its own.
The meeting presided over by Prime Minister Nawaz Sharif discussed
ways and means to break the deadlock. Informed sources said the
cabinet members were of the view that the crisis was far from over
and that it might take another week for things to settle down.
The sources said that the prime minister made it clear that nobody
should expect him to step down as had happened in 1993. He said had
it been his fault, he would have lost the support of legislators,
specially of those belonging to MQM, ANP, JDP and the independents.
One of the cabinet members proposed that parliament should adopt a
resolution reconstituting the Supreme Court. But, he was told that
the government did not want to adopt any measure which could create
constitutional or legal problems for the government.
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971202
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Judges stick to their guns, two cause-lists issued
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By Rafaqat Ali
ISLAMABAD, Dec. 1: All efforts to resolve the judicial crisis
failed as both the judges' groups stuck to their stance and issued
separate cause lists for Tuesday.
On Monday morning when all arrangements were complete for both the
benches to sit, a representative delegation of the Bar requested
both the groups to settle their differences out of court. The
request was accepted and all the 17 judges held closed- door
discussions to resolve the crisis.
The dissident judges, who do not acknowledge Chief Justice Sajjad
Ali Shah as chief justice, issued a fresh cause list for 15
members' full court session. The full court, headed by Justice
Saiduzzaman Siddiqui, will take up petitions questioning the
validity of chief justice's appointment.
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971203
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Sajjad suspends 13th Amendment
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Faraz Hashmi
ISLAMABAD, Dec. 2: The infamous Article 58(2)(b) of the
Constitution was restored and suspended within minutes by two
separate benches of the apex court assembled against each other.
A three-member bench headed by Chief Justice Sajjad Ali Shah
suspended the operation of the 13th Amendment restoring the powers
of the president to dissolve the National Assembly, a verdict which
was within minutes set aside by another 10-member bench.
The 10-member bench headed by Saiduzzaman Siddiqui granted stay
against the chief justice's order minutes after it was passed, even
without receiving any formal petition or the copy of the order.
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971203
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10-member bench overturns suspension
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Rafaqat Ali
ISLAMABAD, Dec 2: A 10-member bench, headed by Justice Saiduzzaman
Siddiqui, held in abeyance an order suspending the 13th Amendment,
passed by a three-member bench headed by Justice Sajjad Ali Shah.
When the bench, headed by Justice Saiduzzaman Siddiqui, was hearing
petitions challenging the validity of Justice Sajjad Ali Shah's
appointment as Chief Justice, the court was informed by the
attorney-general at 10.55am that a three-member bench, headed by
Justice Sajjad Ali Shah, had restored the president's power to
dissolve the National Assembly. The 10-member bench immediately
passed an order suspending the decision of the three-member bench.
The 10-member bench consisted of Justice Saiduzzaman Siddiqui,
Justice Fazal Ilahi Khan, Justice Irshad Hasan Khan, Justice Raja
Afrasiab Khan, Justice Nasir Aslam Zahid, Justice Munawar Ahmed
Mirza, Justice Khalil-ur- Rehman Khan, Justice Shaikh Riaz Ahmad
and Justice Abdur Rehman Khan.
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971203
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Ajmal Mian forms benches
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Staff Correspondent
ISLAMABAD, Dec. 2: Justice Ajmal Mian, the senior most judge of the
Supreme Court, would take oath as Acting Chief Justice of Pakistan,
the Supreme Court office announced.
Justice Ajmal Mian, who took administrative control of the apex
court after a judicial order passed by a 10-member bench. The 10-
member bench directed Justice Ajmal Mian to discharge
administrative as well as judicial functions of chief justice of
the Supreme Court, including the constitution of benches as the
appointment of Acting Chief Justice would take some time.
The court also directed the office not to take any further orders
for constituting benches from the chief justice(under restraint)
and orders regarding day-to-day working and administration of the
court should be obtained from Justice Ajmal Mian till the
appointment of Acting Chief Justice.
After this order by the 10-member bench, Justice Ajmal Mian took
administrative control of the Supreme Court and fixed a new roaster
and issued a new cause-list. Justice Ajmal Mian constituted six
benches including the 10- member bench which will continue hearing
of the petitions challenging the appointment of Justice Sajjad Ali
Shah as Chief Justice of Pakistan.
The 10-member bench will also take up the petition challenging the
13th Amendment on Wednesday. After the conclusion of two cases,
five new benches will start work.
The bench No 1 will consist of Justice Ajmal Mian, Justice Mohammad
Bashir Jehangiri, Justice Nasir Aslam Zahid, Justice Khalil-ur-
Rehman Khan, Justice Chaudhry Mohammad Arif.
The bench No 2 will consist of Justice Sajjad Ali Shah, Justice
Munawar Ahmad Mirza, Justice Shaikh Riaz Ahmed.
The bench No 3 will consist of Justice Saiduzzaman Siddiqui,
Justice Mamoon Kazi and Justice Abdur Rehman Khan.
The bench No 4 will consist of Justice Fazal Ilahi Khan, Justice
Raja Afrasiab Khan and Justice Munir A.Shaikh.
The bench No 5 will consist of Justice Irshad Hasan Khan, Justice
Mukhtar Ahmed Junejo and Justice Shaikh Ijaz Nisar.
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971203
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PM blamed for crisis
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By Ihtashamul Haque
ISLAMABAD, Dec. 2: President Farooq Leghari tendered his
resignation saying he could not violate the Constitution and the
law to oblige the government.
Speaking at a press conference Mr. Leghari said he had opted to
resign because he did not want to become a party to the violation
of law and the Constitution. He said he had received a summary from
the government asking him to de-notify the appointment of Chief
Justice Sajjad Ali Shah and appoint Justice Ajmal Mian as the
acting chief justice of Pakistan.
Farooq Leghari said he could have dissolved the National Assembly
after the Supreme Court restored his powers under 58(2)(b) of the
Constitution, "but I never wanted to use this provision in his life
any more and all I wanted was to uphold the supremacy of law". He
accused Prime Minister Nawaz Sharif of trying to grab all powers to
become a `dictator'. " The Constitution cannot be preserved if the
prime minister continues to violate the law", he said adding it was
likely that the provinces would refuse to accept the authority of
the federation.
The prime minister, Mr. Leghari alleged, wanted to subjugate the
judiciary and had no respect for the rule of law. Mr. Leghari
alleged that both Benazir Bhutto and Nawaz Sharif as prime
ministers wanted absolute power by subjugating the judiciary. They
did so because they always felt insecure.
Leghari said he had to encounter difficult situation thrice as a
president but every time he upheld the rule of law. The first
occasion, he recalled, was when on 20th March, 1996, he had advised
the PPP government to implement the decision of the Supreme Court.
"The second time I faced a difficult situation when I did not
accept the advice of many people to hold accountability and
postpone general elections after Benazir's removal. And this is the
third time when I have decided to resign only to uphold the
supremacy of law", he added.
The present crisis, Mr. Leghari continued, cropped up three months
back when the prime minister decided to confront the judiciary. "I
told the prime minister that Benazir Bhutto had to go because of
her confrontation with the judiciary but he did not listen to me",
he said adding that he had told Mr. Sharif that the confrontation
was detrimental to the system. "Although I did not endorse the
Anti-terrorism Act, I signed it only to avoid differences, despite
the fact that the chief justice of Pakistan had serious
reservations about it."
He said that the crisis turned serious when the prime minister
refused to honour an agreement he had made with the chief justice.
He accused the government of masterminding, what he said, a mini-
revolt against the chief justice when he had gone for Umra. He also
accused the ruling party of mounting attack on the Supreme Court
building through his workers and legislators. He accused the prime
minister of creating the crisis by not adhering to the Constitution
and the rule of law.
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971203
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Wasim takes over as acting president
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Staff Correspondent
ISLAMABAD, Dec. 2 : Wasim Sajjad, chairman, Senate, assumed office
of the acting president after the resignation of President Farooq
Ahmed Khan Leghari. He is likely to remain acting president till
the election of the new president.
Under the Constitution, on the occurrence of a vacancy in the
office of the president, the chairman of the Senate acts as the
president. The new president shall have to be elected not later
than 30 days' period.
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971203
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PPP's dilemma on president's exit
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Staff Reporter
LAHORE, Dec. 2: Key Pakistan People's Party leaders appeared to be
in a state of dilemma when reacting to the resignation of Sardar
Farooq Leghari as the president.
They were satisfied that the federal parliamentary system had been
saved from a complete disaster, yet they feared that Prime Minister
Nawaz Sharif would deem this new development as his personal
victory and emerge so strong as to enforce `one-man fascist rule'
in the country.
PPP chairperson Benazir Bhutto has been strongly pleading for `a
national government' through an in-house change. The PPP Secretary-
General said the track record of Mr. Sharif on paying respect to
institutions was not good "as and when he has been in power, he has
always come in head-on confrontation with the state institutions.
Now when he has emerged stronger than before, our party hopes that
absolute power will not corrupt him," he said.
Senator Iqbal Haider was, however, not fully satisfied with the
development taking place. He pleaded that "Nawaz Sharif should also
have stepped down on his own to create a situation in which all the
characters of the foul play were removed and a fresh start to
restore a true democratic order was taken."
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971204
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Ajmal Mian sworn in as acting CJ
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Staff Correspondent
ISLAMABAD, Dec. 3: Justice Ajmal Mian, the senior-most judge, was
sworn in as acting chief justice of Pakistan. Justice Saiduzzaman
Siddiqui administered the oath.
The ceremony was attended by governors of all the four provinces,
three chief ministers, two federal ministers, judges of the Supreme
Court, Federal Shariat Court, high courts, retired judges of the
Supreme Court, the attorney-general and senior lawyers of the apex
court.
Justice Ajmal Mian, if appointed permanent chief justice of
Pakistan, will continue in that capacity till June 30, 1999. He was
one of three judges who were superseded by Justice Sajjad Ali Shah
in 1994.
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971204
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SC bench issues notice to Sajjad
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Rafaqat Ali
ISLAMABAD, Dec. 3: The 10-member bench of the Supreme Court, headed
by Justice Saiduzzaman Siddiqui, issued notice to Justice Sajjad
Ali Shah in the constitutional petitions challenging the validity
of his appointment as chief justice.
The notice was served on Justice Sajjad Ali at Islamabad airport,
asking him to give his point of view on Thursday. The chief justice
(under restraint), however, asked the court official who had
brought the notice to send it to him by post.
The 10-member bench turned down the request by the petitioner,
Malik Assad Ali, for referring the case of Justice Sajjad Ali to
the Supreme Judicial Council. The petitioner contended that Justice
Sajjad Ali was guilty of misconduct as he had willfully violated
the orders passed by the Quetta and Peshawar benches of the Supreme
Court, and his case should be referred to the Judicial Council.
The court said if the petitioner had any material with him he could
send a reference to the president. The petitioner was told that
unless the president refused to move the council, the court could
not consider this request.
Aslam Chishti, counsel for the petitioner, argued that the petition
was in the nature of extension of the Al Jehad Case. He said the
principle of legitimate expectancy for the senior judge in high
court to be elevated as the chief justice of the court was
applicable to the supreme court as well. He said the issue was left
open in the 20th March judgment for many reasons including that a
petition on the subject was pending in the PHC.
He further argued that the appointment of Justice Sajjad Ali Shah
as CJ was the first violation of rule of seniority in the judicial
history. At this point Justice Khalilur Rehman pointed out that
Justice Aslam Riaz of the Lahore High Court was appointed chief
justice in violation of the rule of seniority. Justice Shaikh Riaz
Ahmed observed that two senior judges of the court had given in
writing to forgo their seniority.
The court will hear a petition by Nihal Hashmi on Thursday.
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971206
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Sajjad to contest case, SC told
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Staff Correspondent
ISLAMABAD, Dec. 5: Justice Sajjad Ali Shah, chief justice of
Pakistan informed the 10-member bench that he would contest the
case, and engaged Abdul Hafeez Pirzada, a prominent lawyer, to
represent him.
Mr. Pirzada later told reporters he would demand hearing by full
court, comprising all the judges. He said he might also challenge
the appearance of Sharifuddin Pirzada as amicus curiae because he
had been engaged by the government in the 14th Amendment case. Mr.
Pirzada told the press that he would be arguing how a writ of
prevention could be issued prior to the writ of quo warrant.
The court adjourned the hearing of the case till Wednesday. Justice
Sajjad Ali Shah is likely to appear in person in the court on the
next date of hearing.
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971206
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Benazir, Asif stopped from operating accounts abroad
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Staff Reporter
LAHORE, Dec. 5: The Lahore High Court has restrained the PPP
chairperson and leader of the opposition, Benazir Bhutto, her
jailed husband Asif Ali Zardari and mother Begum Nusrat Bhutto from
operating their foreign accounts `anywhere in the world.'
According to petitioner-lawyer Barrister Javed Iqbal Geoffrey, the
bar applies to their representatives, agents and surrogates.
The order was passed by Justice Ihsanul Haq Chaudhry on a writ
petition alleging the violation of the Foreign Exchange Regulation
Act, which was repealed in 1992. The defunct law prohibited the
acquisition and transfer of foreign currency or exchange abroad
without the permission of the State Bank of Pakistan.
Prior to the repeal of the law in 1992, the petitioner alleged, the
former PM, her spouse and her mother had transferred huge amounts
to foreign banks, particularly those of Switzerland. The money was
illegally amassed. Most of it was received in kickbacks, he
alleged.
The petitioner submitted that the Swiss government had ordered the
country's banks to freeze the accounts of the three PPP leaders but
the freeze order was due to expire on Dec. 8. The bank deposits
might be withdrawn by the account-holders or their representatives
after that date. A Pakistan court order was, therefore, essential
to protect the deposits.
Appearing on court notice, DAG Khwaja Saeeduz Zafar submitted that
a Pakistan court could not bind foreign banks by its order. It
could only restrain the Pakistan citizens and proceed against them
in Pakistan should they violate the restraint order.
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971206
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Presidential election on Dec. 31
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Staff Correspondent
ISLAMABAD, Dec. 5: The Acting Chief Election Commissioner, Justice
Mukhtar Ahmed Junejo, announced that election for new president
would be held on Dec. 31.
According to an Election Commission press release, polling will be
held from 10am to 3pm. Nomination papers will be received by the
returning officer and presiding officers at Islamabad, Lahore,
Karachi, Peshawar and Quetta on Dec. 16 up to 12 noon.
Scrutiny of nomination papers will take place in Islamabad on Dec.
18 at 10am. Candidature can be withdrawn up to 12 noon, Dec. 20,
while the schedule for the publication of list of validly nominated
candidates is 1pm, Dec. 20.
The acting CEC will be the presiding officer at parliament house
while Justice Rashid Aziz Khan, Chief Justice, Lahore High Court,
will act as the presiding officer in the Punjab Assembly, Lahore
and Justice Wajihuddin Ahmed, Chief Justice of the Sindh High Court
will act as the presiding officer in Sindh Assembly, Karachi.
Similarly Justice Mehbub Ali Khan, Chief Justice of the Peshawar
High Court and Justice Amir-ul-Mulk Mengal, Chief Justice, of the
Balochistan High Court will act as presiding officers at the NWFP
Assembly, Peshawar, and Balochistan Assembly, Quetta, respectively.
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971206
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LHC restores NTM contract
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Shujaat Ali Khan
LAHORE, Dec. 5: The Lahore High Court has upheld the NTM's petition
against arbitrary termination of its contract by the STN without
prior notice or hearing.
The petition was moved by NTM Director Nisar Ahmad Rao through
Advocate Ali Sibtain Fazli. Setting up a rival claim to the
company's management, Faisal Sherjan sought to join the proceedings
through advocates Aitzaz Ahsan and Naeem Sahgal. The Shalimar
Recording and Broadcasting Company or STN was represented by
advocates Hamid Khan and Javed Khwaja. Deputy Attorney-General
Khwaja Saeeduz Zafar appeared for the federal government.
In a 14-page landmark judgment, Justice Karamat Nazir Bhandari held
that the high court can enforce contractual obligations in exercise
of its writ jurisdiction in cases of violation of the norms of
natural justice. "The power of judicial review can be exercised in
favour of the aggrieved party where the impugned termination of a
contract or its breach has taken place in violation of the
principles of natural justice like absence of notice or where the
termination is arbitrary, fanciful and unconscionable or repugnant
to the conscience of the court," observed the judge.
The judgment cited the PTV and UBL cases to declare that the
government-controlled limited companies were amenable to the writ
jurisdiction of the high court. Referring to the 1994 Supreme Court
judgment in the Anisa Rahman case, Justice Karamat Nazir Bhandari
observed that though the petitioner employee was held not governed
by statutory rules and subject to the master-servant relationship,
the apex court ruled that she could not be demoted without being
heard.
The judgment does not bar the STN from proceeding against the NTM
in accordance with the law and the principles of natural justice.
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971204
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PM's daughter files discrimination plea
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Staff Reporter
LAHORE, Dec. 3: The Lahore High Court has admitted a writ petition
challenging `discrimination' against unlisted companies in the
matter of computation of the value of their shares for the purpose
of calculating wealth tax liability of their directors and members.
The petitioner, Maryam Nawaz Safdar, said she was a director of or
shareholder in many limited companies of the Sharif family and the
Ittefaq Group, including the Ittefaq Foundries, Kulsoom Nawaz
Textile Mills and the Hudabia Paper Mills, which are not listed on
the stock exchange.
While calculating her wealth tax liability under Rule 8(2) CI of
the Wealth Tax Rules, 1963, the Income Tax Department took into
account the face value of her shares as well as their market value
and calculated the tax on whichever was higher. By contrast, the
shares of companies listed on the stock exchange, were taxed in
accordance with the lower value. If the market value was higher,
the tax was levied on face value and vice versa.
Arguing the petition, Advocate Tariq Aziz submitted before Justice
Malik Muhammad Qayyum that the rule was discriminatory and
violative not only of the parent law, the Wealth Tax Act of 1963,
but also of Articles 4, 18, 24, 25, 141 and 142 of the
Constitution.
Admitting the petition for regular hearing, Justice Qayyum
restrained the Income Tax Department from recovering the wealth tax
from the petitioner on the basis of the impugned rule pending its
disposal.
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971205
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Opposition and treasury benches trade accusations in Senate
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Staff Correspondent
ISLAMABAD, Dec. 4: The Senate echoed with accusations and counter
accusations in a verbal duel between the treasury benches and the
opposition Senators when Senator Iqbal Haider raised the issue of
damage and colossal losses running in millions of rupees during the
recent judicio-political crisis.
After Senator Iqbal Haider raised the point of order, several
members from both the sides stood up shouting at one another.
Senator Haider said that in the course of the crisis millions of
rupees were spent. Finance Minister Sartaj Aziz rebutted the
Senator and denied the charges. He said the economy had picked up
and there was increase of 1.3 billion dollars in foreign reserves.
He spoke of steady growth in the industrial sector, and said the
prime minister's economic team was due to meet tomorrow to take up
steps for the revival of the economy.
Minister for Parliamentary Affairs Yasin Wattoo rebutted the
charges leveled by opposition Senator Haider. He said his
government had taken steps to enhance the prestige of the superior
judiciary. At this, there was an instantaneous laughter in the
House from the opposition benches. There was a cacophony and the
minister's voice was rendered inaudible.
Shouting at the top of his voice, Mr. Wattoo beseeched the
opposition to adopt the parliamentary way and let him make his
point of view. He said the National Assembly had passed resolution
expressing solidarity with the superior judiciary.
Mr. Wattoo said the prime minister himself had appeared twice
before the Supreme Court and ordered registration of cases against
raising slogans in the SC premises. He said the PML government had
registered an FIR and made two arrests in connection with the
incidents around the SC premises. The government had acceded to the
verdicts of the superior judiciary, he added.
Senator Raza Rabbani said the sanctity the government accorded to
the superior judiciary was evident from the attitude the government
ministers and parliamentarians had adopted towards the superior
judiciary. He said the ministers and parliamentarians belonging to
the treasury benches led the mobs attacking the Supreme Court. In
the 50-year history of the subcontinent such incident had never
taken place, he said.
Some Senators belonging to the treasury benches shouted that
according to a newspaper report, the PPP workers were involved in
the attack on the Supreme Court building. The PPP Senators
countered the remark that the PML ministers and parliamentarians
led the mobs.
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971205
-------------------------------------------------------------------
Asif Zardari's trial to be held in Karachi prison
-------------------------------------------------------------------
Staff Correspondent
HYDERABAD, Dec. 4: Provincial home department has decided that
proceedings against detained senator-elect, Asif Ali Zardari, in a
double murder case would be held inside central prison Karachi.
The decision was taken in the wake of a request in which the
Karachi prison authorities had sought permission from the
government to produce Mr. Zardari before the anti-terrorism court
(ATC) Hyderabad, which was hearing the case.
Earlier, the ATC headed by Judge Saleem Ahmed had issued a show
cause notice to the superintendent, Karachi prison, for not
complying with the court orders pertaining to Mr. Zardari's
production on more than one occasion.
The superintendent on his personal appearance brought it on record
before the ATC that home department had restrained the jail
authorities from producing Mr. Zardari before this court for
security reasons and that in certain other cases against the
accused the hearings were being held inside the jail. He told the
court that he had sought guidance from the home department and was
awaiting reply.
The home department sources said that a notification had been sent
to the ATC and that the judge would hold the proceedings at Karachi
jail. The new date of the hearing is fixed for Dec. 12. Except for
Asif Zardari, the ATC judge has already declared the rest of nine
accused, including ex-MNA Hakim Ali Zardari, as proclaimed
offenders. An application filed by Hakim Zardari's counsel, seeking
withdrawal of the proclamation order, was pending disposal by the
ATC.
Asif Zardari and the other accused are facing charges in the murder
of Alam Baloch, a former top bureaucrat in a federal department,
and his guard, who were killed when two unidentified motorcyclists
opened fire at their car here at Wadhuwah on Sept 18.
===================================================================
971206
-------------------------------------------------------------------
Country suffered Rs75bn loss due to crisis, PM told
-------------------------------------------------------------------
Bureau Report
ISLAMABAD, Dec. 5: Prime Minister Nawaz Sharif, who chaired a high
level meeting to discuss the prevailing state of the economy, was
told that the country suffered a massive loss of Rs 75 billion due
to the constitutional crisis. The prime minister was also told that
the CBR will meet the revenue target of Rs 324 billion fixed for
the current financial year.
Sources said the prime minister took an exception to the media
reports about revenue shortfalls and directed the authorities of
the Central Board of Revenue (CBR) to achieve the target at all
costs.
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971130
-------------------------------------------------------------------
Negotiations to sell 50pc KESC shares to Daewoo
-------------------------------------------------------------------
M. Ziauddin
ISLAMABAD, Nov. 29: The government is negotiating a joint venture
deal with South Korea's Daewoo Corporation to sell 50 percent of
the shares of Karachi Electric Supply Corporation (KESC) and its
management control for $36 million and that too without open
bidding.
While explaining the no-bidding option, the Privatization
Commission in its letter to the Ministry of Water and Power dated
November 19, 1997, has said that it would be advisable to consider
the Daewoo proposal for KESC on sole source basis because of
difficulties being faced in privatizing the corporation through
competitive bidding, unbundling or using a mix of strategic sale
and management contract approach.
During the operation of this proposed joint venture, which will be
for about 30 years, the company will be granted an exclusive right
for power generation, transmission and distribution services in the
existing electric territory of KESC. The company will also enjoy an
exemption from corporate income tax for 5 years beginning from the
year in which the company has first realized net profit and 50
percent reduction of such tax for the next 10 years, and exemption
from all import duties and customs duties on equipment and
machinery to be imported for the company. And Daewoo will also be
the EPC (engineering, procurement and construction) contractor for
any power plant, transmission line and distribution network which
will be rehabilitated or newly invested, developed and constructed
by the company. There will be no competitive bidding again and the
approval of NEPRA for the terms of affiliated transactions will not
be required.
The government in the meantime will have to guarantee the
exclusivity of its collaboration and will not enter into any kind
of similar agreement with any third party for the privatization of
KESC during the effective term of this MOU. The government will
provide the company with the authority to purchase or import oil
for power plants directly from seller.
The Daewoo sent the draft memorandum of understanding (MOU) on
November 12 to the government on the basis of the agreement reached
at a meeting held between the prime minister and the executive
managing director of Daewoo, GO Park, on November 8.
The government responded to the draft MOU on November 13 and
proposed some amendments in the document on the basis of which
another meeting was held between the representatives of the
government and Daewoo on November 17. The negotiations were then
finalized on November 27 at Murree.
According to the finalized MOU, Daewoo shall make a capital
investment in the KESC through a joint venture arrangement. Daewoo
and KESC will be the shareholders in the new joint venture company.
KESC will contribute all its assets and liabilities to the company,
which will be KESC's investment.
Daewoo and KESC will each hold 50 per cent ownership interest in
the company and the shareholders agreement will give Daewoo
management control over the operation of the company. Daewoo will
make a cash investment, the amount to be agreed, for its interest
in the company, which shall not be less than the value of KESC's
investments (asset and liabilities) but shall not be less than $36
million.
The value of the KESC's investment in the company will be
determined by an accounting firm of international repute approved
by the parties and paid by Daewoo. Additional capital investment
and loans shall be made by Daewoo into the company to support the
capital expenditure necessary. All loans shall be arranged and
guaranteed by Daewoo or if made directly by Daewoo shall be on
terms acceptable to the government.
The transaction will be on an "as is" basis without representation
or warranty by the Government of Pakistan or KESC of any kind
except that KESC will warrant that it is the lawful owner of the
assets contributed by it.
Daewoo shall be responsible for the day to day management and
operation of company until the external loans and credits provided
or arranged by Daewoo are repaid in full and/ or Daewoo recovers
its equity interest in the company, on an agreed internal rate of
return basis, but in no event shall the management control by
Daewoo continue beyond the term of the shareholders agreement which
is expected to be 30 years.
Daewoo shall act as arranger or guarantor on or shall provide the
company with additional equity and external loans and credits
required for the rehabilitation, construction and installation of
necessary equipment and facilities as well as for the operation of
the company.
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971201
-------------------------------------------------------------------
Pakistan's external financing needs touch $24.3bn mark
-------------------------------------------------------------------
Ihtasham ul Haque
PAKISTAN'S external financing requirements from 1997/98 to
1999/2000 are close to $24.3 billion for which it will have to seek
expensive and inexpensive loans in addition to arranging project
loans and grants.
According to a latest study conducted by the Asian Development Bank
Pakistan does not have any option but to seek long and short term
loans amounting to $24.3 billion during the next year's period. The
funding requirements would also have to be met by financing
primarily the public sector investment program, trade credits, and
medium and short-term commercial loans.
The residual needs, estimated at $3.4 billion, are expected to be
financed by IMF ($1.6 billion), the World Bank ($600 million), the
Bank ($500 million), the export-import Bank of Japan (JEXIM) ($500
million) and OECF ($200 million).
The Asian Development Bank's contribution comprises the proposed
Capital Development Market Program (CMDP) policy loan ($250
million) and an envisaged trade and industry operation ($250
million) on which policy dialogue has been ongoing for the last few
years.
The study said that performance of the financial system has over
the years been affected by:
(i) repressive monetary policies due to the high reserve
requirements maintained to finance the government's budgetary needs
at subsidized rates,
(ii) sector-wise and bank-wise quantitative credit controls,
(iii) weak prudential standards for financial institutions, and
(iv) regulated interest rates policy.
The problems of the banking system were compounded in the 1990s
because of growing imprudent lending under political pressures and
weak management of financial institutions, which nurtured the
culture of willful default.
Over the last few years, the SBP has liberalized monetary policy by
switching from direct to indirect controls with an emphasis on open
market operations, reduced the scope of mandatory and concessional
credit schemes and imposed greater discipline on the extension of
credit to autonomous bodies and public enterprises. However, the
budgetary overruns have continued to create pressures against a
more effective use of indirect instruments of monetary control.
"Rising fiscal pressures and inefficiencies in the process of
financial intermediation have crowded out the investment needs of
the private sector, and thus adversely affected industrial growth."
Notwithstanding these developments, the securities market is
relatively small and lacks the required liquidity and depth. The
listed companies at KSE account for barely 2.6 per cent of the
registered companies. Two companies, namely PTC and HUBCO, together
represent 45.3 per cent of the KSE's market capitalization and over
60 per cent of share volume turnover.
A large segment of the shares listed at KSE is held by the founding
families or the government and a significant proportion of the
shares of quality companies are almost permanently held by
institutional investors. Furthermore, the number of shareholders is
only 1.5 million (although it rose fivefold from 300,000 in 1990).
The recent political and economic instability and the institutional
constraints of the securities market have induced vulnerability in
the KSE Index, which fell from a peak level of around 2,661 points
in March 1994 to a record low of 1,332 points on 10 September 1996.
Gradually, the KSE Index regained to 2,000 points in July 1997 in
response to the economic policy package, resumption of IMF
negotiations on ESAF and speculative trading in a few scrips.
However, it fell to around 1,700 points to 1,900 points in the
third quarter of 1997.
The securities market has been affected by a number of constraints
such as inadequate market infrastructure, lack of transparency and
liquidity in the market and substantial time lag in clearing and
settlement of transactions. Pakistan needs to address these
constraints given the urgent requirement to stimulate investment
and savings to achieve higher economic growth.
The economic and political events in 1996 resulted in a slowdown in
industrial investment and a decline in the Karachi Stock Exchange
(KSE) Index to record lows in September 1996.
To achieve macroeconomics stability and restore investor
confidence, the government adopted a short-term stabilization
package in October 1996, including revenue measures and expenditure
controls to arrest growth in fiscal deficit and a rise in repo rate
to curb monetary expansion.
To restore the balance of payments (BOP) position, the government
took steps to boost exports including a significant devaluation of
the rupee and floating a debt retirement scheme to attract foreign
currency deposits from non-resident Pakistanis. Simultaneously,
several structural reforms were announced in 1997 including:
(i) industrial and export revival policy packages which involved
tariff rationalization, reduction in income tax rates, and lowering
of sales tax;
(ii) corporate governance reforms of banks and DFIs and
privatization of the Habib Credit and Exchange Bank, Ltd;
(iii) downsizing of the public sector at large; and
(iv) improvement in the agriculture incentive framework by, among
others, increasing the support price of major crops.
Over the medium term, ESAF supports more fundamental tax reforms
with emphasis on the broadening coverage of the general sales tax
(GST) to importers, wholesalers, distributors and key sectors such
as textiles and steel; and introduction of a turnover tax of 3 per
cent on trades with the objective of eventually extending GST to
retail levels.
A lower and simplified rate structure for personal and corporate
income taxes will be effective in June 1998 and steps will be taken
to expand the definition of income and obligatory filing for
certain categories of taxpayers.
Tax rates for agriculture income tax will be harmonized and revised
upwards in the provinces. The government further plans to
rationalize public expenditures and launch wide-ranging reforms of
public enterprises, civil service, and the financial and capital
markets.
"Pakistan's economy is in a vulnerable condition as growth in real
gross domestic product (GDP) fell to 3.1 per cent in 1996/97 and
fiscal and external imbalances reached unsustainable levels in
1996/97 resulting in an unprecedented decline in foreign exchange
reserves to the equivalent of two weeks of imports in November
1996," the study said.
The deep-rooted structural problems of the economy principally stem
from imprudent management of public finances. This is largely
caused by the stagnation of the revenue/GDP ratio and overspending.
The fiscal pressures have several adverse consequences that
resulted in a rise in:
(i) external current account deficit to 6.4 per cent of GDP in
1996/97 - almost double the 1994-95 level;
(ii) monetary pressures which compelled SBP to raise the repo rate
by 3 percentage points to 20 per cent in 1996; and
(iii) domestic non-bank borrowings which induced interest rate
pressures on Treasury bills (T-bills) and national savings scheme
(NSS).
The repressive fiscal and financial policies have depressed the
domestic savings rate and investment rate in Pakistan, which
declined by 0.9 percentage points and 2.1 percentage points,
respectively over the 1992/93 level.
New Issues: The CLA repealed the Capital Issues (Continuance of
Control) Act, 1947 to abolish controls on the price of new issues,
and introduced the Companies (Issues of Capital) Rules, 1996 to
encourage promoters' contribution, broaden public participation,
and prevent premature projects from going to the public.
A company is allowed to issue shares to the public at a premium
provided the stock exchanges have vetted the due diligence report
and the prospectus. A listed company is allowed to issue rights
shares after one year of the last issue of share capital if the
company provides adequate justification for its benefits and use.
Provided there are reserves of the company are sufficient, the
company can also issue bonus shares after retaining reserves equal
to 25 per cent of the incremental capital.
Debt Market: A major barrier to the development of the corporate
debt market is the high and growing fiscal deficit, which forces
the government to mobilize budgetary requirements.
As of June 1995, the size of the debt market is estimated to be Rs
811 billion ($26.2 billion) or equivalent to 43 per cent of GDP.
Over 98 per cent of this is government debt. Almost 27 per cent of
the government debt is held in T-bills and Federal Investment Bonds
(FIBs) which are eligible securities for the statutory liquidity
reserve (SLR) requirement, and another 27 per cent mobilized
directly from the public through National Savings Scheme (NSS)
instruments.
Barring banks and DFIs, the corporate sector and individuals can
invest unlimited amounts in NSS and non-residents can hold
investments in foreign currency, both of which offer competitive
returns.
Interest income on key NSS instruments are exempt from the
withholding tax of 10 per cent but is subject to zakat, collected
once at the time of actual encashment. The outstanding debt in NSS
has risen from Rs 184 billion (12 per cent of GDP) in 1993/94 to Rs
313 billion (16 per cent of GDP in 1995/96.)
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971201
-------------------------------------------------------------------
Pressure to raise WAPDA's power charges
-------------------------------------------------------------------
Sultan Ahmed
WAPDA, the leviathan power monolith, is facing the most acute
financial crisis in its history, and has the choice of an instant
financial collapse or coming up with hefty tariff increases which
will invite mass public agitation in these politically turbulent
times.
The donors of WAPDA, among whom the World Bank and the Asian
Development Bank are pre-eminent, want it to come up with an
effective action plan by December 15, and get the organization out
of the financial woods positively by the middle of next year. They
want the non-core assets of WAPDA to be sold off to wipe out the
current liability of Rs 20.7 billion and use the remaining funds to
develop the system. But because of various crises the government is
facing, they think the immediate solution is raising power rates
and doing away with varied subsidies, regional and domestic and
project- specific.
The prime minister, however is opposed to an increase in power
rates as that will be extremely unpopular and add to the cost of
production and exports and wants instead that WAPDA reduce its
losses and theft of power which are now stated to exceed 30
percent. In fact action is not being taken on the government
decision, already announced, that does away with tariff relief for
FATA and Azad Kashmir and for tubewells in Balochistan which may
save Rs 12-20 billion as variously estimated.
In addition, the government would give Rs 7 billion as grant to
WAPDA, which would raise Rs 3 billion more by enhancing metre rent,
the Minister for Water and Power, Raja Nadir Pervaiz, had said a
fortnight ago. But no action has followed.
The Secretary of the Ministry of Power, Javed Burki, says WAPDA was
losing Rs 5 billion yearly in tribal areas as no one was paying the
bills and no one could be forced to pay. And the sardars of
Balochistan who have been enjoying power at vastly concessional
rate for tubewells will not be cooperative any more particularly
when the government at the centre faces too many difficulties.
The donors including World Bank President James Wolfensohn, who
visited Pakistan recently, are firm that the sale of the assets of
WAPDA goes through accelerated privatization and increase in energy
charges also made to avert WAPDA's impeding financial collapse.
While they do not want the large hydel power stations to be
privatized in the immediate future, they want area electricity
boards as in Lahore and Faisalabad, to be privatized and more of
the shares of Kot Addu Power Station to be disinvested. They want
WAPDA to appoint a financial adviser for early privatization of its
identified segments before June 30 next year.
The donors have also approved the move of WAPDA to come up with
another bond issue. But, despite the attractive returns offered by
it in recent years, public response to the bonds had been poor, and
the public sector and other banks had to be virtually forced by the
government to buy them.
Following the disclosure of the impending financial collapse of
WAPDA because of the varied abuses within it, public response to
the new bonds will be poorer now.
A series of factors have led to the acute financial crisis in
WAPDA. Frequent devaluation of the rupee, rise in POL rates,
increase in wages in an over-staffed organization and high interest
costs are among them. Added to that is the need to pay cash to the
independent private sector power producers who sell their power to
WAPDA. As new power production units come on stream, this bill will
keep on rising.
While WAPDA is plagued by heavy theft of power and large
transmission and distribution losses, it is not able to collect
large dues from federal and provincial government organizations and
autonomous bodies like water and drainage boards and influential
persons, both officials and non-official. The donors want WAPDA to
step up its recovery drive but it has not been able to achieve much
success. It has to take a number of persons, including officials to
court and seize their assets to achieve success in this area. So
WAPDA has been left as an organization without options or elbow
room, but it has yet to act if it wants continued financial
assistance from major donors for mammoth projects like Ghazi
Barotha. Meanwhile the government has come up with a new power
policy. In fact, the draft of the policy has been circulated among
the heads of major power companies to ascertain their views. And
several of them do not seem to be in favour of some of the new
proposals. And when it comes to privatization of various segments
of WAPDA, it is meeting with serious resistance from the workers
who are more interested in the illegal benefits they enjoy than
their pay scales.
The KESC, which has liabilities of Rs 25 billion, is said to have
had a basic pay bill of Rs 284 million last year while the overtime
payments were almost three times, Rs 760 billion. Add to that the
greatly abused medical bills.
So the annual general meeting of the shares-holders of KESC decided
to set up an Ehtesab Committee in March last to oversee its
functioning and check the vast and varied abuses. But the
administration has not agreed to the proposal, much less moved
towards setting up such a committee. Meanwhile power theft and loss
in KESC is stated to have shot up from 32 per cent to 45 per cent,
which means virtually half the power produced is lost or stolen
with the connivance of the staff and more probably.
The removal of hundreds of kundas announced each day appears to
have become some kind of a game. They are removed one day and
restored the next. And while the removal of the kundas is announced
by KESC their restoration is not. Meanwhile there is to be a major
policy shift in power production; with great focus now on hydel
power.
A new scheme proposes to set up 12 small and medium hydel power
stations to produce 3,610 mw, but the cost will be $4,280 million.
While hydel power means less aerial pollution and reduced import of
oil for power production at a high cost, it also implies large
areas coming under water and social unrest and resistance of
agriculturists.
The Institute of Engineers Pakistan says Pakistan has a potential
for producing 40,000 MW of hydel power against the current 6,000 MW
and the total output of private sector thermal plants of 4,000 MW
by next year. Meanwhile Ghazi Barotha is making slow progress and
may produce 1,450 MW by the year 2002 - five years from now - if
everything goes well.
The government meanwhile, wants to knock down the concessional
rates for the lower domestic power consumers and that costs Rs 16
billion to WAPDA now, says Mr. Burki. There would be a tremendous
uproar from the masses if that is done at a time when political
uncertainties are very acute. The people instead would want the
massive theft of power in collusion with the WAPDA staff to be
stopped and the same to happen in KESC. But as many of the
consumers are powerful and the unions are on their side,
elimination of this cancer is making small headway.
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971205
-------------------------------------------------------------------
Dumping duty of 6.4pc imposed
-------------------------------------------------------------------
Parvaiz Ishfaq Rana
KARACHI, Dec 4: The European Commission (EC) has officially
announced the imposition of 6.4 percent anti-dumping duty on bed
linen imports from Pakistan for a period of five years.
The Commission has imposed definitive duty of 6.4 percent on
exporters /manufacturers who cooperated during the process of
investigation and 6.7 per cent on those who did not cooperate. This
news dismayed Pakistani exporters who termed the EC's decision as
extremely harsh and biased. This decision will have a very negative
effect on the country's textile industry because this impact is
going to be widespread affecting growers, spinners and the textile
industry.
The Commission is presently investigating the fabric case and it is
being assumed that this will also be subjected to punitive duty.
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971205
-------------------------------------------------------------------
Reserves fall by $300m in 2 weeks
-------------------------------------------------------------------
Staff Reporter
KARACHI, Dec. 4: The worst ever politico-judicial crisis that
jolted Pakistan in the latter half of the last month caused a draw
down of $300 million in the foreign exchange reserves of the
country within two weeks.
According to the State Bank of Pakistan, the total reserves fell to
$1.321 billion on November 29 from $ 1.621 billion on November 15
showing a huge fall of $300 million in two weeks. On weekly basis,
the reserves witnessed a relatively small decline of $85 million -
from $1.406 billion on November 22 to $1.321 billion on November
29. During the November 22-29, the rupee lost more than 30 paisa to
a dollar in the open market.
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971206
-------------------------------------------------------------------
KSE index falls 11 points on Moody's rating rumors
-------------------------------------------------------------------
Staff Reporter
KARACHI, Dec. 5: Strong rumors of downgrading of Pakistan's foreign
debt credit rating by the Moody's Investment Services dominated the
trading on the stock market on Friday.
The index fell by 11 points, wiping out market capitalization by
over Rs 3 billion, but barring Hub-Power and some others MNCs.
The KSE 100-share index suffered a fresh setback of 10.77 points at
1,7879.35 as compared to 1,800.12 a day earlier, breaching the
resistance level of 1,800 points. The market capitalization fell by
another Rs 3.256 billion at Rs 541.704 billion as against the
previous Rs 544.960 billion, reflecting the distinct weakness of
heavily capitalized issue, notably Hub-Power, which again received
massive battering.
Bulk of the selling was confined to those pivotals which still
ensure modest capital gains and most of them received heavy
battering under the lead of Hub-Power. However, instances of strong
selective buying were not lacking as some of the leading shares
continued to inspire new buying on the strength of their higher
interim profits. Lever Brothers rose by Rs 48.25 to Rs 1,373.45 on
strong demand as 48,040 shares changed hands followed by Paramount
Spinning, Pakistan Refinery and Dadabhoy Insurance, which rose by
Rs 2 to Rs 4. Bata Pakistan, 13th ICP, Gulistan Spinning and Searle
Pakistan, which rose by one rupee to Rs 1.05, were some other good
gainers.
Lakson Tobacco and Millat Tractors, which were quoted ex-dividend,
were leading among the losers, falling by Rs 11.75 and Rs 7. In
physical trading, Pakistan Oilfields and Shell Pakistan, which fell
by Rs 6 to Rs 11, were leading. Packages also fell by Rs 11 and so
did CPC Rafhan Maize, which suffered a decline of Rs 2.
Trading volume fell to 38 million shares from the previous 51
million shares as losers held a fair lead over the gainers at 66 to
46, with 52 holding on to the last levels. The most active list was
topped by Hub-Power, off 85 paisa on 21.028 million shares,
followed by ICI Pakistan, lower 35 paisa on 9.664 million shares,
ICP SEMF, up one rupee on 0.934 million shares, Sui Northern, easy
60 paisa on 0.822 million shares, and FFC-Jordan Fertilizer, lower
30 paisa on 0.797 million shares.
Other actively traded shares were led by Dhan Fibre, unchanged on
0.683 million shares, Southern Electric, easy 10 paisa on 0.557
million shares, Japan Power, lower five paisa on 0.428 million
shares, Fauji Fertilizer, off 20 paisa on 0.314 million shares, and
Askari Bank, up 70 paisa on 0.541 million shares.
DEFAULTING COMPANIES: Trading in this sector was dull as only
Crescent Spinning came in for trading and was marked up by 50 paisa
at Rs 6.75 on turnover of 9,500 shares.
DIVIDEND: Grays of Cambridge, cash 200 per cent, Escort Investment
Bank, nil, Universal Leasing, cash 10 percent, Zafara
International, Pakistan Slag Cement, Huffaz Pipe, Ghani Glass and
Hafiz Textiles, all nil.
-------------------------------------------------------------------
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971130
-------------------------------------------------------------------
Refutation and assertion
-------------------------------------------------------------------
By Ardeshir Cowasjee
DAWN, November 25, 1997, under the headline "Presidency refutes
allegations": "A spokesman for the presidency has said that
Ardeshir Cowasjee has made frivolous and baseless allegations
against the President in his column `The crowing losers' published
in Dawn on Nov. 23... However, Mr. Cowasjee may be nursing grudges
against the President for not acceding to his unfair demands
concerning appointments in the Karachi Port Trust during the
caretaker period (Nov. `96 to Feb. `97), the spokesman concluded."
`Unfair demands', `appointments'? Reproduced hereunder in full, a
letter faxed by me to President Farooq Ahmad Khan Leghari at the
Aiwan-i-Sadar, Islamabad, on October 24, 1996, twelve days prior to
the dismissal of the second Benazir government:
"Dear Mr. President
"Karachi Port Trust "Rear-Admiral Akbar Hussain Khan retired from
the Pakistan Navy many years ago. He is noted for his shoe- shining
abilities. He was Ayub Khan's ADC in the mid-60s, and later my
friend Admiral Ahsan's Military Secretary when Ahsan was Governor
of East Pakistan.
"His career since the rebirth of democracy, 1988:
"Benazir's first term -
Chairman Port Qasim Authority.
Acting Director-General of Ports & Shipping.
Chairman, Karachi Port Trust, for a short time until Benazir's
government was dismissed.
"Then he was sacked.
"When democracy was re-established in 1993:
Re-employed as Chairman, Karachi Port Trust, in November 1994 for a
term of two years.
"He is ....[an] inefficient man who openly boasts that he is
protected by Asif Zardari, by the corrupt in the Navy, and by Ahmad
Sadiq of the PM's Secretariat.
"He has destroyed the institution of the Karachi Port Trust. He has
infiltrated it with corrupt party bully-boys. He ...[gives plots to
the Trustees] in the Port Officers' Colony (Trustees are not
officers). He also allots plots to the Secretaries of his Ministry
(Communications). The difference between the bullying and selling
of a KPT plot (i.e. the bribe) is Rs 5 million.
"His term finishes early next month and he is desperately trying to
have it extended.
"My assessment: I have known and worked with as many as 16 chairmen
of the KPT since 1944. Not one, repeat not one, has been anywhere
near as ... destructive as Akbar Hussain Khan.
"My recommendation: An extension of his term should not even be
considered, and he should be hauled up and tried on the charge of
corruption.
"His replacement: When a bad man is removed, one always fears that
there is an even chance that his successor will be worse. If either
the PM's Secretariat or the Pakistan Navy is allowed to name a
replacement, then for sure the man will be even more `amenable'
than this present incumbent. I recommend as the next Chairman of
the KPT Rear Admiral Wali Khan, who retires from the Navy in 1997.
He was seconded to the KPT by Admiral Saeed Khan in 1993,
nominating him as the Deputy Chairman. Saeed's intention was to
groom him for the chairmanship when Vice-Admiral Ahmad Tasneem (at
that time Chairman) retired.
"Since the post of Deputy Chairman did not exist he was signed on
as No. 2 with the designation General Manager-Operations. Tasneem
left in 1994 and Akbar wangled his way in.
"Wali Khan is honest, straightforward and efficient, has been
working in the port for the last three years and is completely
capable of heading the KPT. He has stood up to Akbar many a time
and Akbar has made several efforts to have him shunted out of the
KPT.
"I can think of no better man. Please help.
Good wishes."
November 7, 1996, The Friday Times, my column, `An open letter to
the President' was printed: "...Zardari and Fate decreed that
Akbar, for services rendered during the first term, was rewarded at
the end of 1994 with the lucrative plum of the Karachi Port Trust.
Since then, the port and harbour have been raped and ravished...
this present Chairman's two-year term expires early in November,
and he has spent weeks at Islamabad canvassing for an extension.
This he should not get. It is you who can save the Port, and you
are considered to be strong enough to do so. Admiral Saeed Khan in
1993 sent serving Rear-Admiral Wali Khan to take over from Vice-
Admiral Ahmed Tasneem when he retired, but Akbar Khan trumped him.
Wali has been KPT's No. 2 and as General Manager (Operations) has
worked here for three years. He is honest, straightforward,
efficient (qualities presently frowned upon). He can rebuild the
institution."
The president's spokesman on another subject: "As for the
allegations about the... reacquisition of 29,000 acres... the
president's share was under 15,000 acres of mostly `ghair mumkin'
and `banjar qadeem' land and not 29,000 acres as alleged. He,
however, reiterated that the case of land surrendered in 1972 was
under dispute with the government of Balochistan and later under
litigation in the High Court. It was decided in favour of the
petitioners by the Balochistan High Court on merit, the spokesman
pointed out."
F.P. Bureau Report: "Quetta, September 5, 1995: A Division Bench of
the Balochistan High Court comprising Mr. Justice Amirul Mulk
Mengal and Mr. Justice Javed Iqbal has reserved judgment on a
constitutional petition of President Farooq Ahmad Khan Leghari and
his 12 other relatives regarding the confiscation of their land
under MLR 115 in Barkhan district of the Balochistan province. Both
counsel of President Leghari and the Advocate- General of
Balochistan completed their arguments Monday. Thereafter, the court
announced that judgment had been reserved."
APP report, The Nation, Islamabad September 12, 1995: "The
President has extended the tenure of two Additional Judges of the
Balochistan High Court, Justice Javed Iqbal and Justice Mir
Mohammed Nawaz Marri, for a period of six months from the date
their present term expires."
Question: Why was the tenure of Justice Javed Iqbal extended?
The spokesman continued: "Referring to the allegation about the
sale of land in Dera Ghazi Khan, the spokesman said the matter was
examined in depth by a high-powered judicial commission which in
its report had exonerated the president..."
Yes, but the examination and explanation have been found by many to
be unsatisfactory and lacking in explanatory detail.
Islamabad, 0900, November 29, 1997: However, all the above is a
matter of the past. The president has a year to go in the Aiwan,
and has now started to assert himself. He still has sufficient
residual constitutional authority, and sufficient residual moral
authority to redeem himself. He can yet raise himself from the
footnotes of history.
At 0200 hours on the morning of Thursday, November 27, Prime
Minister Nawaz Sharif requested that the president receive him,
together with Senate Chairman Wasim Sajjad, Speaker of the National
Assembly Ilahi Bakhsh Soomro and Law Minister Khalid Anwer. The
president assented, and he invited the Army Chief, General Jehangir
Karamat, to join them.
Nawaz Sharif presented a summary to the president and asked him to
there and then issue a notification appointing Justice Ajmal Mian
as Chief Justice of Pakistan. Leghari refused; he would
contemplate, he would seek advice, he would consider. A shocked
Nawaz was informed by Leghari that, if he felt strong enough, he
could commence impeachment proceedings against him which he would
resist with all the constitutional authority at his command. In the
alternative, he would consider resigning, handing over his office
to the Senate Chairman who, acting as the president, could sign the
required notification should he choose to so do. The bullies backed
off.
It is worthy of record that MNA Nawab Mohammad Akbar Shahbaz Khan,
Tumandar Bugti, and his six men in the Senate and the National
Assembly, refused to sign Nawaz Sharif's motion for the impeachment
of President Farooq Ahmad Khan, Tumandar Leghari.
Before noon that same Thursday, November 27, PML fascists made
political speeches in the court of the Chief Justice of Pakistan
disrupting the hearing. On Friday, November 28, they resorted to
raw fascism when they stormed the Supreme Court (there is proof
enough). I was in the Chief Justice's court on both days and all I
saw and heard seemed and sounded like a replay of events in Rome
and Berlin in the 1930s.
As of the morning of Saturday, November 29, Leghari's flag still
flies atop the Aiwan, and Sajjad Ali Shah remains Chief Justice of
Pakistan.
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971206
-------------------------------------------------------------------
The fatal flaw
-------------------------------------------------------------------
Irfan Husain
SO the deed is done, and for better or for worse, we now have the
strongest prime minister in twenty years with virtually no check on
his vast and sweeping powers.
I would like to be proved wrong, but given the glimpses of Nawaz
Sharif's personality and leadership style that have been revealed
to us, we may all rue the result of the grueling endgame we have
just been involved in. But in the short run, at least, we can heave
a sigh of relief while putting euphoria on hold.
The causes and course of the recent drama have been recounted and
analyzed to death, so I will spare readers yet another account of
who did what to whom and why. Suffice it to say that every contest
has its winners and losers, but the smirks so visible on the faces
of our parliamentarians contain as much relief as they do triumph.
They retain their seats with more power than ever before, and have
not been turfed out as they had feared, so they have good reason to
celebrate.
I am relieved for another reason. Apart from the fact that the
whole pointless and deeply damaging confrontation is over, the army
has stayed on the sidelines, and we do not have to go through the
motions of yet another election. But every balance sheet has a
debit column, and we have yet to assess the cost of a divided
judiciary. There is now a precedent of the executive and/or the
legislative causing a rift in the rank of judges if either or both
pillars of the state are unhappy with a particular judgment or a
particular chief justice. Sajjad Ali Shah may not have been the
senior-most supreme court judge at the time of his elevation, but
surely his peers were aware of this in 1994 when he took the oath
as chief justice. And if we accept that he was not elevated
lawfully, then what happens to all the orders he passed, including
the one that authenticated Farooq Leghari's dismissal of Benazir
Bhutto's government?
In order to justify his take-over, Ayub Khan once declared that
parliamentary democracy was "against the genius of our people." We
all saw through his motive at once: he and his government were
touting the "basic democracy" system, and were therefore rubbishing
the concept of parliamentary rule at every opportunity. But with
hindsight, it is possible to discern a kernel of truth in Ayub
Khan's outrageous pronouncement. However, it is not the people of
Pakistan who can't cope with parliamentary democracy, but its
leaders.
The concepts of checks and balances, tolerance for opposition and
dissent, and the division of power between the various pillars of
the state are too alien, too sophisticated for our politicians to
grasp. With their feudal attitude, they consider it a personal
insult if anybody disagrees with anything they say or do. It is
unacceptable for our ruling elite's to be told they have to share
power; they do so with the army reluctantly, and only because their
own incompetence has given GHQ so much authority.
This brings us to a thesis I had dwelt upon in an earlier column
("Our colonial heritage"; October 4, 1997). I do not normally quote
from my writings, but my earlier piece has some relevance to the
issue we are discussing today. Basically, I had suggested that
after the departure of the British fifty years ago, we were
steadily reverting to type: "...With the fading of our Western
heritage from public memory, we are becoming what we were before
the colonial interregnum: cruel, dishonest and lazy." Add
intolerant and selfish to this list.
Over the years, many people have voiced the opinion that the
presidential system is more suitable to Pakistan's peculiar needs
than the parliamentary form of government. Superficially, it would
seem that the centralized authority enjoyed by the president of the
United States is akin to what our politicians lust after. But as
any student of American politics would immediately point out,
occupants of the White House work under enormous constraints. Apart
from coping with a Press that routinely exposes wrongdoing in high
places, they have to deal with a Congress that is often dominated
by the opposition.
No system of government can function democratically until those in
charge are tolerant of opposition and dissent. Equally, they have
to accept the checks and balances built into constitutions to
prevent and pre-empt the tyranny that can emerge as a result of
concentration of power in one hand. If we apply these criteria to
our polity, we find that no Pakistani leader of consequence can
willingly live with these conditions.
Basically, feudalism in Pakistan is more a state of mind than a
socio-economic classification, and it infects virtually every
aspect of our existence. A businessman here tends to be far more
autocratic than, say, his American counterpart who, apart from
worrying about his shareholders, also has to worry about litigation
from his employees and the consumers of his products. A class
teacher here tends to dominate students through threats and
punishment without being concerned about school boards or lawsuits
lodged by parents. Bureaucrats get away with murder because they
dominate the system to an incredible extent.
All these examples of the exercise of authority with virtually no
checks indicate the extent to which feudalism is rooted in our
culture. So even though we have a businessman as our prime
minister, it does not necessarily follow that we are rid of
feudalism at the top. He is as intolerant of dissent, and as
determined to get his way (and to hell with the system!) as any of
his feudal colleagues and predecessors. His approach to the
exercise of power is no less arbitrary and capricious than any
Bhutto's. When Nawaz Sharif talks about the supremacy of
parliament, he is really talking about the supremacy of the prime
minister.
In mediaeval Europe, kings gradually grew accustomed - with
considerable reluctance - to the concept of sharing power with the
church. Furthermore, the landed aristocracy inherited their lands
and were a real power in the realm. In Mughal India, religious
authorities were clearly subordinate to the emperor, and the
aristocracy were given lands only for their lifetime at the
pleasure of the monarch; they were thus totally subservient to him
as the source of all their wealth. The king therefore had to brook
virtually no opposition. However, as there was no institutionalized
method of succession, the only internal challenge the monarchy
faced was from rebellious sons, and this was one of the major
factors in the downfall of the Mughal dynasty.
Returning to the here and now, all we can hope is that Nawaz Sharif
and his crew will draw some lessons from the recent imbroglio, as
will the judiciary. But somehow, I doubt it. However, for me the
bottom line is that the worst kind of democracy is better than the
most benign dictatorship.
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971130
-------------------------------------------------------------------
The siege from within
-------------------------------------------------------------------
OUR capacity to defy the old adage that things get worse before
they get better knows no bounds; in our case, things only get
worse. The crisis gripping the state was disastrous enough; on
Friday, we outdid ourselves. A mob of people allegedly including
ruling party legislators and activists stormed the Supreme Court
building in a bid to overawe the judges and disrupt the court
proceedings. If this incident has in many quarters raised memories
of the Nazi onslaught on state institutions, it should not be
considered as surprising. The manner in which PML leaders have bent
over backwards to dissociate themselves from the attack only
strengthens the public impression of guilt. The all-too-pious
statements affirming the government's respect for the judiciary are
unconvincing in view of what has gone before. Suspicions that the
outrage was engineered will be set at rest only if some of the PML
men named in newspaper reports are disciplined and made to answer
for their hooliganism. Furthermore, in addition to any punishment
that may be meted out to them under the law, the culprits must be
expelled from the ruling party. This is the least the party can do
if it really repents of the monstrous behaviour of its followers.
But Friday was a disaster in many other ways, too. The rift in the
judiciary widened further. A directive went forth from the Peshawar
bench of the Supreme Court for the full court to be convened on
Monday; the Chief Justice of Pakistan immediately wrote to the
president, asking for a meeting of the Supreme Judicial Council to
consider the conduct of judges who had ordered constitution of the
full court. Questioning sounds have been heard about the chief
justice from the benches at Karachi and Quetta also. Issues have
become personalized and thus have been trivialized.
The detached majesty of the judiciary has come under a cloud.
Threats have been made to use parliament to prosecute the president
and the chief justice. The prime minister, charged with contempt of
court, appears to believe that an electoral mandate entitles him to
ride roughshod over anyone who crosses his path, including what are
seen to be refractory state institutions. The role of the
presidency, which has sought to delay taking action on the
executive's recommendations, is no longer seen as neutral.
Meanwhile the much neglected but selectively invoked Constitution
of this country lies forgotten in a corner, although it must remain
the ultimate point of reference. It is claimed that the supremacy
of the parliament envisaged by the Constitution is being
challenged. The fact is that under a written constitution only that
document is supreme, and sovereign power is distributed among the
legislature, the executive and the judiciary in accordance with the
scheme embodied in the constitution. In both letter and spirit the
Constitution envisages a judiciary that is completely independent
and free from being vulnerable to intimidation by either the
legislature or the executive.
The situation has gone beyond apportioning blame. Positions have
become too rigid to expect anyone to back down at this stage. The
nation faces disaster if the impasse is permitted to continue any
longer. This newspaper has received calls from readers who have
broken down and openly wept on the telephone line over the tragedy
that has befallen the country. Only those opposed to the
stabilization of the democratic order can rejoice at the present
pulverization of the political process. The only solution to the
crisis is that all the principal dramatis personae should
temporarily withdraw themselves from the scene for a cooling-off
period. The chief justice should himself call a meeting of the full
court and then announce that he will go on leave and not be part of
the deliberations while the rest of his brother judges consider the
questions that have been put forward as requiring adjudication,
including the contempt of court case against the prime minister.
The president and the prime minister should take a few days off
from the business of governing: no doubt, they will welcome the
break after the tension of the past two weeks. Perhaps everyone
will come back refreshed and chastened and some equable balance
between the various institutions may then be struck.
This is not a very democratic proposal; indeed, it should be
considered as extremely unorthodox. But, instead of pointing an
accusing finger at one person and thus aggravating the already
prevalent confrontation and confusion, this in our humble opinion
appears at least to promise some respite and time to reflect on the
problems that we have managed to create for ourselves by our
collective immaturity, foolishness, intrigue and arrogance. Today,
democracy in this country is in a state of siege - a siege from
within. There is a chance that the minatory vulnerability thus
created may be rendered less dangerous and perhaps more manageable
if those heading the institutions hit by the current crisis are
prepared to present an example of self- abnegation in the service
of democracy - and the country.
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971204
-------------------------------------------------------------------
After the dark night
-------------------------------------------------------------------
MR Farooq Leghari's resignation as president would be seen by each
of the groups involved in the bruising political and judicial
battle that has just ended through its own prism. To the neutral
observer, the immediate consideration is that the nation has been
given a respite from a crisis that was unnecessary; it was
sustained by petty intrigue, which had nothing to do with the
welfare of the people, and which, if it had gone on, could have
only made the ordinary citizens' already miserable lives worse.
However, it may yet have served a purpose if it helps to focus
attention on the risks involved in seeking to subordinate
institutions of state to the whims of individuals. The democratic
system, after all, came dangerously close to collapse.
Now that Mr. Leghari has resigned, it would be uncharitable to say
that he, too, contributed to the making of the crisis. There was a
persistent impression in some political quarters that the Nawaz
Sharif government's highhandedness, which led it from one blunder
to another, was being considered opportune by sections of the
ruling elite and their hangers-on to discredit and then change the
system of governance on the assumption that we were not fit for
parliamentary democracy. But the manner of Mr. Leghari's going was
not without a certain decorum and should be of some help to him if
he ever decides to resume his political career.
While leaving the presidency, he appeared to reduce the conflict to
a choice between approving the recommendations of the elected
government with which he did not agree or resigning. This should be
viewed as a slap on the face of the government which wanted the
president to acquiesce in every step, however undemocratic, it
wanted to take. Mr. Leghari should have known all along that in a
parliamentary system, the choice which he said ultimately
confronted him is built into his office; there was no running away
from it. Indeed, one of the amazing aspects of the entire episode
is the belated realization of matters of principle and conscience
that seemed to strike everyone. The president suddenly became aware
of how he was being asked to authenticate acts which he considered
distasteful or not in accordance with the Constitution; Mr. Nawaz
Sharif began overnight to believe in the supremacy of a parliament
which he had sought constantly to use as a mere rubber-stamp; and
some of the judges of the Supreme Court took much delayed, ex post
facto notice of the chief justice's appointment in violation of the
rules of seniority. The fatal flaw in the contentions that flowed
back and forth was that no one had the right all on his side: moral
battles and battles of principle can be fought only by those who
are not motivated by personal considerations and whose own careers
are without blemish.
The superior judiciary has perhaps suffered most damage in the
conflict, if only because it had never before gone through an open
split in its ranks like the one witnessed in recent weeks or such a
blistering confrontation with political authority. That one bench
headed by the chief justice found nothing wrong in suspending,
almost without arguments, a law that had undone one of the most
repressive of the constitutional implantation's of a military
dictator is evidence of the lengths to which we were prepared to
go. Rehabilitating the dignity and unity of the Supreme Court
should now occupy the minds of its judges; it is the one
institution in the country which should always remain above the
cacophony and distortions of politics.
Where our elected leaders are concerned, they have shown a
remarkable inability to learn from experience or even from their
own misfortunes. It remains uncertain whether Mr. Nawaz Sharif will
now begin to behave in a more restrained manner and resist the
temptation of encouraging his partymen and followers from indulging
in acts of hooliganism like the attack last week on the Supreme
Court. He has been swearing by the sovereignty of parliament in the
past few days - although he has seldom attended parliamentary
sessions, is never present in the National Assembly to answer
questions, bulldozed important legislation in a matter of minutes
and generally taken the house for granted. He has shown himself to
be impatient of the normal processes of the law, and has not so far
satisfactorily explained why he was opposed to the elevation of
certain judges to the Supreme Court - an action which triggered the
chain of the recent distressing events. The gagging law which went
by the name of the 14th amendment should be suitably amended by the
legislature itself to make it conform more to civil liberties and
freedom of choice and action. Parliament must be accorded the
respect which it should command in a democracy and its public
accounts and other watchdog and deliberative committees made
stronger and more autonomous bodies.
Lastly, there have been muted reports about the role of the
military in the crisis. The COAS was active in meeting the various
principal players and, given the reality of our politics, it is not
unlikely that his was finally the deciding voice. But, as we said
at the very start, the important thing is that the atmosphere has
cooled down and provided an opportunity for all concerned to
reflect, among other things, on how their overriding ambitions and
feeble faith in democracy keep alive the army's role as arbiter. If
we do not take corrective action, we may soon be struck by another
crisis.
===================================================================
971201
-------------------------------------------------------------------
Chanderpaul, Campbell lift Windies to 303 in 2nd Test
-------------------------------------------------------------------
Farhana Ayaz
ISLAMABAD, Nov. 30: Aamir Sohail cracked up unbeaten 62 to lift
Pakistan to 122 for 2 in their first innings in reply to the West
Indies total of 303 all out at the close of second day's play in
the second Test at Rawalpindi Cricket Stadium.
On his way to the 27th half century, Sohail (50 off 104 balls)
struck six slitting boundaries and a six off Bishop over mid on.
Pakistan was given a 41 runs first wicket stand between Sohail and
Saeed Anwar. The holder of top one-day record got out cheaply at
16. Curtly Ambrose moved one away from the left hander who was
committed while playing away from the body on a ball which was
rising to give a straight forward catch to agile keeper David
Williams. In this over Bishop gave away 16 runs as Ejaz Ahmed
dispatched two lovely boundaries at arrival. However, Ejaz's fiery
mood was cut short when misplaced a rising ball from Franklyn Rose
down the throat of debutant Philo Wallace at third man. Sohail and
Inzamaul Haq (20) had added 58 runs for the unfinished third wicket
stand.
Resuming their first innings at 179 for 4, the tourists added 124
in 31.5 overs before Pakistan wrapped up the proceedings 38
minutes after lunch.
Campbell added 12 runs in 27 minutes in his overnight score. In his
diligent knock Campbell faced 254 balls in 334 minutes, with ten
boundaries. The reviving fifth wicket stand contributed 147 runs
off 287 balls in 201 minutes.
In its misses and flashes the sixth wicket had produced 44
valuable runs when Waqar having tried the pace in his sixth over
came round the wicket to bowl to left-handed Chanderpaul who trying
to play on the backfoot was trapped plum in front. Chanderpaul (95
off 154 balls in 267 minutes) was racing towards what could have
been his second Test century.
Next Ian Bishop (10) was treated with an onslaught of over-pitched
deliveries from Shoaib Akhtar. He lofted one for six over long leg.
But after tempting him, the debutant pitched one on target to send
Bishop back to the pavilion. Windies went to lunch at 271 for 7 in
94 overs. And then Rawalpindi duo of Azhar and Shoaib wrapped up
the Windies innings in 38 minutes who scored another 32 runs in 7.5
overs.
Trying to drive Shoaib from outside the leg stump, William's two
short of 50 mark was caught behind at the total of 291. Four runs
later, Azhar struck twice in his 17th over removing the middle
stump of Franklyn Rose who had played a square cut in the same over
and then trapping skipper Courtney Walsh in front for a duck. Azhar
finished with figures of 4 for 53 runs in 17 overs. Waqar remained
a little costly with 3 for 99 in 27 overs while Wasim took 1 for 40
in 22 overs. Debutante Shoaib returned with figures of 2 for 47
runs in 15 overs.
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971204
-------------------------------------------------------------------
Pakistan down WI by record margin
-------------------------------------------------------------------
By Farhana Ayaz
RAWALPINDI, Dec. 3: West Indies stature as a phenomenal cricket
force was badly tarnished as Pakistan romped to a spectacular
victory, crushing them by an innings and 29 runs in the second Test
at Rawalpindi Cricket Stadium.
This was the biggest victory margin as Pakistan surpassed their
Peshawar score where they had beaten the visitors by an innings and
19 runs. Skipper Wasim Akram termed it a great achievement and
praised the team spirit and team work besides the scintillating
performances of Aamir Sohail (160) and Inzamamul Haq (177).
Here on the fifth and last day, Pakistan took just 52 minutes to
wrap up the West Indies innings and match, registering a 2-0
unbeatable lead in the three test series.
A second consecutive defeat was staring West Indies in the face
when they started this morning with Carl Hooper (44) and Ian Bishop
(01). Earlier, one run was added to the West Indies total following
a meeting of umpires Javed Akhtar, David Shepherd, match referee
Raman Subba Row and the two captains. It may be added here that
Waqar Younis had bowled a beamer on the last ball yesterday which
had hit Carl Hooper's gloves before going to the wicket keeper Moin
Khan. Umpire Javed Akhtar had neither called it a no-ball nor given
the batsmen out as bad light stopped play. Waqar also apologized to
Hooper stating the ball had slipped from his hand.
Since the beamer was declared a no-ball, play started from the
pavilion end with Waqar to complete the over. His bowl was gently
played back by Ian Bishop. Incidentally, Wasim Akram bowling the
first over started with a no-ball. In the same over Hooper hooked
him for a six to complete his quick fire half century on 58 balls.
It included four sixes and five boundaries.
Pakistan struck the first blow of the morning when left handed Ijaz
Ahmed sent in a brilliant throw to have Ian Bishop barely out of
crease. It was a very close decision given by TV umpire Mian Aslam.
At the total of 112 the tourist had lost seven wickets with Hooper
batting on 53. Things were hanging in thin air for the devastated
visitors as Franklyn Rose (6) lofted Wasim to long on where Mushtaq
Ahmed paddled back to hold on to a brilliant catch over his head.
Hooper standing on the other end watched the pitiful fall of
wickets but the gallant stroke player did not hesitate to drive
eloquently. Next Courtney Walsh was sent back by Mushtaq Ahmed
whose direct throw at the non strikers end found the tourist
captain out of the box when the total was 138.
It was all over when Waqar Younis speeding in from the pavilion end
uprooted off stump of left-handed Curtly Ambrose on the first ball
of his sixth over to wrap up Pakistan's biggest win against the
tourist. Pakistan had taken the last four wicket for 38 runs.
Hooper, Mr. Dependable of West Indies, remained not out at 73, an
exemplary knock. He faced 96 balls spanning 152 minutes. Hooper's
exciting innings included four sixes and seven boundaries. Wasim
returned with figures of 4 for 42 in 14 overs, Waqar claimed 2 for
44 runs in 12 over.
Inzamamul Haq (177) who scored his maiden Test hundred at home soil
was declared Man of the Match. The tall batsman wanted to score a
double hundred but Walsh cut short his desire.
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971203
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Eyles survives scare, Zubair crashes out
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By A. Majid Khan
MUMBAI, Dec. 2: World champion Rodney Eyles of Australia survived a
scare from 12th ranked Alex Gough from Wales to reach the
quarterfinals of the Mahindra International at the all-Glass court
of the CCI stadium.
The 30-year-old Eyles, overpowered Gough, 27, in a 77-minute cliff-
hanger. The scoreline read: 15-13, 11-15, 15-11, 6-15 and 15-11.
The Australia will be meeting England's world number 14 Mark
Chloner, who in the first match of the second round, prevailed over
seasoned campaigner Chris Walker. Chloner upset Walker by 17-15,
15-4 and 15-10.
Rodney Eyles was 2-1 up in the match but when he led 3-1 in the
fourth game, he slipped twice because his shoes were filed with
excessive sweat due to hot conditions. After 5-5, Eyles returned
the ball high on the front court and Alex Gough raced to victory
for 15-6, collecting 12 points in one hand.
The Australian changed his socks and shoes and was back for the
decisive game. The changes paid dividends as the world champion
raced to a 6-2 lead. Gough, however, fought back to level at 8-8
with his magnificent drops and volleys before Eyles secured four
points in a row with a brace of winners to surge to 13-9 lead and
finally winning 15-11.
In another all-England match, Simon Parke recovered from a one game
down to beat Mark Cairns 9-15, 15-4, 15-5 and 15-3. He faces Peter
Nicol in the quarterfinals after the Scotsman, seeded second, Paul
Johnson of England 15-5, 13-15, 15-9 and 15-6.
Earlier in the day, Pakistan lost its first player when Zubair
Jahan Khan crashed out to Australian Byron Davis.
Zubair, who was once in the top 10 of the global ranking but
slipped out due to inconsistent performances, excelled only in the
third game before bowing out 15-10, 15-9, 6-15 and 15-5. However,
the major upset of the opening round was the defeat of fast
improving Egyptian Ahmad Barada.
Barada lost to an unknown Australian Craig Rowland but in a nail-
biting finish. Rowland won 15-3, 13-15, 7-15, 15-9 and 15-12.
Canadian Jonathan Power made short work of Englishman Nick Taylor.
Power won 15-5, 15-10, 6-15, 15-8.
Byron Davis raced to as 7-3 lead in the opening game by producing
tantalizing drop shots and taking the ball earlier to winners.
Zubair struggled to fight back but shots let him down and the
Australian looked in total command to win opener 15-10 after
leading 12-6 at one stage.
The Australian, with a series of Nick and drops, surged ahead 9-3in
the second game as Zubair turned frustratingly erratic. Davis took
finishing just 13 minutes for a 15-9 win which gave him a 2-0 lead.
However, Zubair Jahan two games down staged a great fight back and
showed his hitting power, punctuated with disguised drops to build
up a commanding 8-1 lead in the third game. Byron David committed
many mistakes from the back to the court and Zubair was winner at
15-6 in nine minutes.
It was at the start of the fourth game when Zubair Jahan fought
with spirit and enthusiasm when he trailed 3-4 against the
Australian. But later on Zubair seemed to lose the will as Byron
Davis accelerated the pace of the game. Byron Davis won 15-5 is
only seven minutes.
The Ahmad Barada-Craig Rowland encounter was a hotly contested one.
After defeat, the Egyptian told Dawn that the referring was poor.
Ahmed Barada was 2-1 up in the match but Rowland played remarkably
well to take the fourth game at 15-9, leading with a big margin of
10-1 at one sage. The deciding fifth game was very close. Barada
gained a 5-2 lead in the deciding game and was also 8-4 up when the
Australian staged a brilliant comeback to make it 8-8. From here
onwards, the fight turned more close but Barada was again 11-9 up.
Both shouted on each other and the referee asked them to play the
game.
Rowland was 10-11 down and from here as he showed his racked skill
to take five points in one hand as Barada made errors, hitting the
board. Rowland was a 15-11 victor.
Australian world champion Rodney Eyles watched both the matches of
his follow countrymen and gave tips to them after each game.
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971204
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Jansher Khan surges into quarter-finals
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By A. Majid Khan
MUMBAI, Dec. 3: Pakistan's Jansher Khan, marched into the
quarterfinals after brushing aside the challenge of Australian
world number 11, Dan Jenson by 3-1 in the Mahindra International.
The top seed and eight-time world champion who won 15-4, 15-11, 16-
17, 15-10, now meets Ireland's world number 18 Derek Ryan. Ryan
secured a walk-over against England's Martin Heath, who has stomach
problem. Heath, the world number 20 is confined to bed in a hotel,
the announcement from the organizers said.
In tomorrow's quarterfinal against Derek Ryan, Jansher Khan, who is
getting into rhythm after playing two matches, appears to be odds
on favorites over the Irishman to book his place for a likely
semifinal clash against Jonathan Power of Canada. The Qatar
international champion beat Jansher in the semifinals before
capturing the title.
World number three Jonathan Power tonight eliminated Egyptian world
number 16 Amir Waghi in straight games. Power won 15-12, 15-5, 15-
11 to qualify for the quarterfinals.
Jansher was 4-2 up in the second game before the Australian fought
back to take the 5-4 . But the Khan again went 7-6 in front. Later
it was 7-7 as the Khan hit the board.
There had been fight for every oint and Jansher again lost the 10-7
advantage when he twice hit the board and his return went out of
court to allow the Australian level at 10-all.
Jansher brought his rich experience into play and after dislodging
the Australian from the Tee, he hit winners to win the second game
15-11 in 15 minutes. Jansher was 1-5 down in the third game as all
his returns and drops went into the board. He recovered to be 6-6
but throughout the game Jensen almost led the way at 9-8, 10-8, 11-
8 and 11-10 with Jansher leveling the score at 11-all.
The Australian put up a great fight as Jansher looked unhappy when
his drops hit the board. After 12-12 and 13-13, the Australian
produced volley drop to be 14-13 needing only a point to take the
game. Jansher fought with spirit and zeal to make it 14-all and 16-
16 when he hit the board and Jensen won 17-16.
The fourth game too was highly contesting and absorbing. The
Australian was 7-5 in front and also led 9-8 when Jansher further
accelerated the pace with his hard drives by maintaining good
length and waited for the opportunity for backhand and forehand
drop winners.
Jansher trailed 9-10 in the fourth game when he returned with
renewed determination, rather turning ruthless in handling his
challenger, to take six points in one hand with a brace of winners.
He won 15-10.
In the last encounter, Byron Davis had the better of Craig Rowland
in an all-Australian match. Davis won 15-8 15-11 and 15-9 to go
through to the last eight.
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971205
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Jansher bamboozles Ryan, Eyles falls to Chaloner
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A. Majid Khan
MUMBAI, Dec. 4: Eight-time world champion Jansher Khan took just 41
minutes to destroy Ireland's Derek Ryan on way to the semifinals of
the US$ 110,000 Mahindra International.
The 28-year-old top seed gave a demonstration of skillful play for
a 15-8, 15-9, 15-8 victory. Jansher, after his emphatic victory
over Ryan, said he was gaining confidence and would like to settle
accounts with Power for the Qatar Open defeat.
Jansher Khan's victory over Ireland's Derek Ryan provide no
fireworks as the Khan was all over the place after 5-all in the
opening game. Jansher was magnificent in his stroke production and
several of his forehand drives and drops caught Ryan on the wrong
foot.
He finished the opening game in only 12 minutes. Then the great
Khan turned ruthless with his challenger in the second game and
never looked back after racing to a 7-0 lead in one hand. Jansher
doubled his lead with a 15-9 win in the second game.
Ryan, who played an error-filled second game, however, raised the
tampo of his game as the Khan lost his concentration to allow the
Irishman go 8-6 ahead. But the Khan regained his lost composure and
playing superb volleys and drops, took 10 consecutive points for a
15-8 triumph.
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971206
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Jansher edges out Power to enter Mahindra final
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A. Majid Khan
MUMBAI, Dec. 5: Pakistan's remarkable Jansher Khan overpowered
Jonathan Power in the semifinals of Mahindra International squash.
Jansher, however, survived some debatable decisions by the Scottish
referee to set up a final against Peter Nicol. Scotland's Peter
Nicol, in the first semifinals defeated England's Mark Chaloner by
3-1.
Top seed and former world champion Jansher Khan won the marathon
five games battle against third seeded Canadian Jonathan Power 15-
12, 12-15, 10-15, 15-13, 15-7 in the second semifinal watched by
around 200 spectators. The match lasted 88 minutes.
Jansher won the first game at 15-8 in 17 minutes having enjoyed a
11-6 lead and taking the game with perfect forehand drop.
After 8-8 in the second game Jonathan Power adopted questionable
tactics and despite his disruptive antics the Khan went 9-7 but
later on he lapsed into errors when his several appears were turned
down by the referee. Power took seven points in one hand to go 13-9
up and won the game 10-15.
Power took control of the third game as Jansher Khan looked upset
but struggled to regain his touch. He looked not in his element and
made several unforced errors. However, after 9-9 Power,
unquestionably, played outstandingly and dominated the front court
with his marvellous drops and angles to win the game 15-10. he was
2-1 in the match.
Jansher Khan was 0-4 in deficit in the fourth game but recovered to
close the gap 5-7, 6-10, 9-10, 11-13. The Khan staged a remarkable
comeback by dislodging Power from the Tee and showed his racket
skill to be 13-13. Power hit the board and Khan produced a
magnificent forehand drop to take the game 15-13.
Jansher Khan started the fifth and the last game on a blistering
pace. He hit the ball with great power and accuracy and gave a
demonstration of skillful play to lead 8-4. No less than four time
let calls were called to the disliked of Jansher Khan who appealed
for stoke. However, after 9-6, Jansher Khan turned ruthless in
handling Jonathan Power and secured eight points in one had to win
the match 15-7.
________ webmaster@dawn.com ______ http://dawn.com/
Dr. Altamash Kamal, DAWN - the Internet Edition
Karachi, Pakistan
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