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DAWN WIRE SERVICE

------------------------------------------------------------------- Week Ending : 02 August 1997 Issue : 03/31 -------------------------------------------------------------------

Contents | National News | Business & Economy | Editorials & Features | Sports

The DAWN Wire Service (DWS) is a free weekly news-service from Pakistan's largest English language newspaper, the daily DAWN. DWS offers news, analysis and features of particular interest to the Pakistani Community on the Internet. Extracts from DWS can be used provided that this entire header is included at the beginning of each extract. We encourage comments & suggestions. We can be reached at: e-mail dws@dawn.khi.erum.com.pk dws%dawn%khi@sdnpk.undp.org fax +92(21) 568-3188 & 568-3801 mail Pakistan Herald Publications (Pvt.) Limited DAWN Group of Newspapers Haroon House, Karachi 74400, Pakistan TO START RECEIVING DWS FREE EVERY WEEK, JUST SEND US YOUR E-MAIL ADDRESS! (c) Pakistan Herald Publications (Pvt.) Ltd., Pakistan - 1996 ******************************************************************** *****DAWN - the Internet Edition ** DAWN - the Internet Edition***** ******************************************************************** Read DAWN - the Internet Edition on the WWW ! http://xiber.com/dawn Pakistan's largest English language newspaper, DAWN, is now Pakistan's first newspaper on the WWW. DAWN - the Internet Edition will be published daily (except on Fridays and public holidays in Pakistan) and would be available on the Web by noon GMT. Check us out ! DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS

CONTENTS

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NATIONAL NEWS

Waiting for quick remedies at Sharifs' doorsteps Accountability only touching the tip of the iceberg Torrential rain kills 21 in AJK, Punjab Pakistan takes stand on SC expansion Ehtesab law termed un-Islamic Air fare up by 10pc: applications from Aug 17 MoUs on defence, investment signed ---------------------------------

BUSINESS & ECONOMY

Power projects involving kickbacks may be scrapped Will cheap money have a real impact on the economy? Economy fast becoming 'dollarized' DFIs reluctant to cut lending rates SBP asserts authority over banks Privatization thru stock exchanges Strategy at parleys with IMF pays off Bears make heavy profit-selling, index falls by 56 points ---------------------------------------

EDITORIALS & FEATURES

An exemplary judgment Ardeshir Cowasjee The cultural context Mazdak Unsolved murders Omar Kureishi Killing by any other name Aziz Siddiqui -----------

SPORTS

Pakistan's disappointing show in Asia Cup The elements let us down: Zaheer Abbas Malaysia, Bangladesh to play in One-day Cup Bangladesh to host Asia Cup in 1999 Afridi was warned and fined in Sri Lanka

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NATIONAL NEWS

=================================================================== 970728 ------------------------------------------------------------------- Waiting for quick remedies at Sharifs' doorsteps ------------------------------------------------------------------- Ashraf Mumtaz LAHORE, July 27: The park outside the Model Town residence of Chief Minister Shahbaz Sharif on Sundays resembles the Passport Office, the Registration Office or the GPO. People from various parts of the Punjab, most of them women, at times even from other provinces, come here to seek redressal of their grievances. This park, during the first stint of Nawaz Sharif as prime minister, had been fenced as a result of which it looked like becoming a part of his residence. Motor-operated gate had been set up at the entrance because of which a common man could not use the road in front of his residence. The fence had, however, been removed when Manzoor Wattoo became the chief minister. This time when the two brothers are working as prime minister and chief minister, the road has not been blocked nor has the park been fenced. Instead, huts have been set up in the park, which are used by the 'applicants' every Sunday. They come with their grievances and submit their applications to those nominated by the Sharifs. Those without written applications may have them scribbled on the spot. Almost a dozen application writers are available there who offer their services to such people. An application writer charges from Rs 5 to 15 per application, depending on the length of the subject and pocket of the 'aggrieved'. "We accept with pleasure whatever is paid by a petitioner. However, normally, we charge from Rs 5 to 15," an application writer said on Sunday. Applications concerning the provincial departments are received at the huts. Generally, it is MPA Khwaja Riaz Mahmood who receives applications. The MPA examines and processes the applications. Petitions pertaining to the federal departments are submitted in a room near the main gate of the Sharifs' residence. Police personnel are also present on the spot to deal with any untoward situation. A third category of 'applicants' is the one which hands over applications at a meeting with the prime minister or the chief minister. These people are asked to sit in the drawing room. When Nawaz Sharif and Shahbaz Sharif were opposition leaders in the National and Punjab assemblies, respectively, the applicants who came to them to seek their help for various matters were served with soft drinks. That tradition seems to have ended. Now plain water is available to the people. Crowds seen at the Model Town residence of the Sharifs on Sunday gave an impression that the federal and the provincial departments are not doing enough to solve the public problems. This also established that instructions given by the Punjab chief minister to heads of all the departments that they should personally listen to public complaints on telephone everyday are not being followed. Similarly, it also became evident that it was a wrong decision on the part of the prime minister and the chief minister to stop listening to people's problems on telephone. Had the practice not been discontinued, the people would not have thronged the Model Town in such large numbers every Sunday. The attitude of the Sharifs is still more regrettable. During his election campaign and even after being elected as prime minister for the second time, Nawaz Sharif had said time and again that he would not stay in Islamabad. "Instead, you will see me in the streets of villages in far-flung areas. I will reach wherever wrongs are committed." But now the situation has changed. Despite his presence in the city, Mr Sharif rarely meets the people coming to his residence. The Sunday crowds outside Mr Shahbaz Sharif's residence show that the people failing to have their grievances redressed through normal official channels have still high hopes to seek direct remedies from the chief minister. How long they can sustain their hopes is anybody's guess. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970728 ------------------------------------------------------------------- Accountability only touching the tip of the iceberg ------------------------------------------------------------------- R.M.U. Suleman NEVER BEFORE in this country has the phenomenon of corruption and its accountability evoked emotional responses as strong as at present. In the recent past, accountability took a flying start with the caretaker government appointing a retired judge of a superior court as an accountability commissioner to prepare references for superior courts and to serve as a prosecutor in such cases. With an elected government in office, the whole process took a completely new turn. The enabling law and the period it covered were so drafted that the party in power escaped the net and the party in opposition found the net closing around it. Super-imposed on the judicial agency of accountability commissioner was the political and administrative authority of the Accountability Cell headed by a committed party legislator, and located in the Prime Minister's Secretariat. A judicial outfit was thus turned into a political one. Corruption is not specific to Pakistan. Its a universal malady. What is important is that authoritative rating agencies have identified Pakistan as the second most corrupt country in the world. Within Pakistan, side by side with poverty and unemployment, corruption is counted as the most pernicious evil. The people are indignant at this cancerous spread and would like to fight it tooth and nail if they only knew how. Some are deeply frustrated and cynical and conclude that society as a whole is corrupt and beyond redemption. Corruption that involves the public sector attracts much greater attention because proper functioning of the state is critical to the welfare of its citizens. The public depends upon the state for essential services. Corruption in the government evokes considerable interest among the people and the media also because the abuses entail large sums of money and well-known personalities. It adds to the cost of doing business, tends to reduce the levels of investment, in particular foreign investment. In the public sector, it may be defined as the misuse of public power for private gain. Here it refers not only to bribery, but also to other forms of misconduct that go beyond pecuniary gratifications. An Italian philosopher once said that just as it is impossible to know when a fish moving in water is drinking it, so it is impossible to find out when government servants in-charge of undertakings, misappropriate money. Observers have documented corrupt practices during the colonial regimes as also after the country attained independence. Controls are responsible for much of the corruption that is rampant. The magnitude and severity of corruption seem to have assumed alarming proportions. Scandals and scams involving high offices, political leaders and senior officials have shaken the public's confidence in the way the government works. There is growing frustration among citizens as they helplessly watch the inability of public institutions to control corruption and punish the guilty. Many question the credibility and legitimacy of the leaders in powerful positions. They are alarmed that corrupt practices abound in most of the public agencies they deal with and whenever they try to access public services. This is a feature that distinguishes Pakistan and other developing countries from the economically more developed nations. As citizens, we encounter corrupt practices frequently as we interface with government agencies or seek services from them. In the more developed countries ordinary people do not experience such corruption or extortion to the same degree in their daily lives. They may read about corruption in high places, or come across other abuses of power. But, for the most part they can access public services and benefits without having to bribe or being harassed. Corrupt practices exist in some form or the other in all societies. There is perhaps no society that can claim to have stamped out corruption completely. But when corruption is widespread and is severe in its dysfunctional consequences in a society, one has to admit that there are some fundamental flaws in the leadership and in the values and traditions of the people in that society. When people collude in different ways, rationalise corrupt practices and tolerate corruption on a large scale it must be concluded that there is no strong and determined resistance to this phenomenon. While this can make tackling corruption an uphill task, we should recognise that other factors also may have contributed to the situation and reinforced a culture of corruption. The first point to note is that governments act as monopolies in many respects. Many things that a government does cannot be subjected to competition and comparison. This means that political and administrative processes in government can control and engage in many activities, allocations and choices that those outside government cannot fully comprehend or challenge. This is particularly true of the governments' regulatory functions and the delivery of most services. Absence of competition tends to create opportunities for corruption by restricting supply deliberately or through withholding information. When people have no other option, they are more vulnerable to the pressure of monopolistic regulators and service providers. Monopoly is natural in some sectors for reasons such as economies of scale (e.g. water supply). The monopolistic nature of functions create a fertile environment for arbitrary decisions and corrupt practices that an individual citizen cannot easily monitor or fight. A second contributory factor is the discretion that the government and its monopolistic public agencies enjoy in their decision-making and allocative roles. If the rules and criteria are simple and unambiguous, the validity of their decisions and action could easily be checked by citizens. When multiple criteria are involved and all cases are not alike, use of judgment becomes necessary. But this situation also creates opportunities and incentives for those involved to engage in corrupt practices. Here again, the remedy may not lie in the elimination of discretion, but rather in clarifying and demystifying the decision-making process, disseminating information on rules, specification of criteria and providing for greater transparency and the right of appeal. Another factor is the relative lack of effective accountability in government except in the nominal sense of presenting annual audited accounts and reports to parliament or answering questions in parliament, holding periodic elections, etc. When those who are expected to supervise their subordinates are themselves party to collusion with the latter, the enforcement of accountability becomes extremely difficult. The problem is exacerbated by the difficulties in measuring the performance of the staff and the outcome of their decisions. The lack of proper reporting systems and supervisory controls add to the severity of the problem. Furthermore, accountability is viewed as hierarchical, with little attention paid to the need for accountability towards the customers. Information barriers are also a contributory factor since corruption involves both givers and takers. The givers are mostly citizens or other users of services who have limited information. Existing legislation contributes to this phenomenon as public agencies are not required to divulge information concerning specific decisions or actions to the public. Our citizens, having been brought up in this tradition and are not used to demanding information. They are often unaware of their rights vis-a-viz public agencies and of the remedies available if justice is denied to them. That the right to information is a fundamental right of citizens and consumers whether it be in relation to the attributes of the goods they buy or to the benefit schemes provided by the state, is not a notion fully accepted by our leaders and representatives. Under these conditions, information barriers tend to create a setting in which the incentives and opportunities for corruption gain strength. The exposure of the average citizen to corruption tends to be episodic. Everyone does not experience corruption on a daily basis. If a person does not encounter the problem frequently, it is unlikely that he will invest his time and resources in system reform. This indeed is a major reason why it is difficult to organise effective collective action against corruption. The various factors discussed here when taken together, do explain a substantial part of the phenomenon of corruption. They no doubt interact with the tolerance to corruption in our society. They also tend to make it more difficult for those who wish to resist corruption to push forward. Much of the reporting on corruption in the media refers to what might be called 'grand corruption'. The pride of place here, of course goes to political corruption and scams involving large contracts and patronage. But there is also the phenomenon of 'retail corruption' that is less glamorous, but that affects the lives of common people all over the country and from day to day. The reference here is to the widespread corrupt practices that citizens encounter when the try to access many essential services provided by the government. It is difficult to assess the real magnitude and spread of both grand and retail corruption. They are often inter-linked and tend to reinforce each other. What is being reported in the media or debated in parliament is perhaps like the proverbial tip of the iceberg. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970730 ------------------------------------------------------------------- Torrential rain kills 21 in AJK, Punjab ------------------------------------------------------------------- Dawn Report MUZAFFARABAD, July 29: Twenty-one people were killed in rain-related tragedies in Azad Kashmir and Punjab on Tuesday. Sixteen people were killed in flash floods, hill torrents and lightning, triggered by continued heavy rain which hit two villages in the north of Muzaffarabad district. The victims were from two families, in Panjor Bandi and Sarli Sacha villages. The SSP Muzaffarabad, Tahir Mahmood, told Dawn that a flooded nullah swept the house of one Faqeer Hussain Shah in Panjor Bandi village.As a result, Faqeer Hussain,his wife, four sons and two daughters were killed. So far only the body of a three-year-old son of Faqeer Hussain was recovered. The names of other victims could not be ascertained. In Sarli Sacha village, about 45 kms from here,lightning struck two adjacent houses due to which eight members of the family of one Ameerullah perished while three others suffered injuries. Local met office said that 50 to 60 mm rain was recorded in these areas on Monday midnight. Heavy rains have also resulted in landslides on various roads on the outskirts of Muzaffarabad. PUNJAB: At least five people were killed and 11 others injured due to rain-related incients in southern Punjab. Thirty-five houses were damaged in Multan, Muzaffargarh, Kot Addu and Mailsi. According to the National Flood Forecasting Bureau (NFFB), heavy rain in the upper and lower catchments of river Chenab caused high flood at Marala and its two nullahs, Palku and Aik. Ravi nullahs - Basantar, Kather, Bein, Ujh, Deg, and Hasri - were all flooded in the evening, the NFFB reported. In many cities rain started after 1am on Tuesday. But in the upper and lower catchments of the Chenab it started on Monday evening, the NFFB said. In Lahore, even 90mm of rain flooded almost the entire main city. About 72mm rain was recorded at the Lahore airport. It started at 2am and continued till 2pm intermittently. The local met office reported that the rain in Lahore and elsewhere was caused by the inter-action between a westerly wave and the monsoon current penetrating deep into the country. However, NFFB Director Mohammad Munir Sheikh said there was no westerly wave or any other special system which caused the rain. It rained due to the interaction between isolated cells developed over many parts of the country, night cooling and the topographical factor. That was why, he said, heavy rain, the hallmark of special weather systems, remained confined to only a few places and was not widespread. Mr. Sheikh predicted thunderstorm/rain with isolated heavy rainfall in many parts of Punjab and in the upper catchments of rivers Chenab, Ravi and Sutlej during the next 24 hours. He said Chenab would be in high floods at Marala, Khanki and Qadirabad during the next 24 hours. Our Multan correspondent adds: Irshad Bibi died of lightning in Village Budh Ghulam Qasim and Muhammad Sarwar died in Kot Addu when a wall fell on them. Three other members of his family sustained injuries in the same incident. In Thal-Bohar, Mailsi, a woman and her minor daughter were killed when their house collapsed. Three other people of their family were injured. Our Islamabad Bureau adds: Heavy rains lashed northern Punjab on Tuesday with Jhelum receiving the highest amount of rainfall - 104.6mm -in the last 12 hours. The twin cities of Rawalpindi and Islamabad were hit by heavy rain which started early in the morning and continued intermittently throughout the day. According to Met office, Rawalpindi recorded 37mm of rain while Islamabad had 41mm rainfall during the day. In Rawalpindi and Islamabad it rained intermittently throughout the day. The Leh Nullah was in moderate flood. The low-lying localities in and around the city and saddar areas of Rawalpindi were inundated by the overflowing nullahs and drains. Water entered some of the low-lying localities. Moderate to heavy rainfall has been forecast in scattered places in the Punjab, Kashmir and at isolated places in Sindh and NWFP in the next 36 hours. Meanwhile, the district administration in Rawalpindi has made arrangements for the protection of citizens against floods in Leh Nullah. A flood control room has been set up in the office of the deputy commissioner, Rawalpindi. Special mobile teams have been set up to implement flood control plan. Flood relief camps have been set up in the city to look after the affectees in case of emergency. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970801 -------------------------------------------------------------------- Pakistan takes stand on SC expansion -------------------------------------------------------------------- Hasan Akhtar ISLAMABAD July 31. The foreign office in a statement here on Thursday stated that it favoured "expansion of the non-permanent elected component of the Security Council only", clearly indicating that it rules out addition of any new permanent members to original five permanent members, The United States, China, France, Britain and the Russian Federation. The statement on behalf of the Foreign Ministry given by the spokesman at Thursday news briefing stated: "Pakistan has consistently maintained the position that the (proposed) reform of the Security Council has to reflect not only the absence of consensus in 1945 about permanent membership and the veto, but also the changes in realities over the past 50 years. "The most significant of these is the growth in the membership of the United Nations as a result of decolonization", the statement said and added "this and the universal move towards democratization, require an expansion of the non-permanent elected component of the Security Council only". It stressed that "the actual performance of different member states of the United Nations in fulfilling the obligations resulting from the Charter and the resolutions of the United Nations, and their respectively acceptability within their own regions are also fundamental considerations". The statement averred "there can be no possible acquiescence by Pakistan to any arrangement which departs from these principles". The Foreign Ministry and Pakistan's Permanent Mission in New York, it stated, would continue to monitor all developments in this regard to ensure that Pakistan's interests remained fully safeguarded. Apart from Japan and Germany, India is reported to be strongly lobbying for its still unannounced bid to seek "permanent membership" because of its preeminence as the largest democracy and its political stature in world affairs. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970801 -------------------------------------------------------------------- Ehtesab law termed un-Islamic -------------------------------------------------------------------- Our Reporter LAHORE, July 31: The Lahore High Court proceedings took a dramatic turn on Thursday when, just after the petitioners' arguments against the validity of the Ehtesab Act had concluded on Thursday, and the attorney-general had partly argued the government's case, a prominent lawyer termed the law as "un-Islamic" and ultra-vires of the constitution. Attorney-general Chaudhry Mohammad Farooq had partly argued the government's case against the maintainability of the writ petitions when a journalist, Jalilur Rahman, filed his petition. Advocate Rafiq Ahmad Bajwa, representing the journalist, submitted that the accountability law was invalid for it was passed by a national assembly which was not legally constituted.He said that elections to the national assembly were held under the People's Representation Act, 1976, which was ultra-vires of the constitution. The election system under the law contemplated that people sought the national assembly membership. Islam did not permit people to aspire for offices, the counsel stated. Pointing out deficiencies in the law, Rafiq Bajwa said the provision about reward to the informers amounted to corrupting the people. The amount taken as bribe by the accused under the Ehtesab act would be taken by the government instead of being returned to the person who paid it. "What good could be expected of the government which depended on the bribe money," the counsel argued. The law, he added, punished for keeping the money and not for corruption. The court asked the counsel as to which provisions of the constitution were violated by the issues raised by him. He said that the deficiencies pointed by him were against the spirit of Islam. Corruption could only be weeded out by bona fide acts, he said, and referred to the step taken by the LHC chief justice which successfully controlled corruption in the high court offices. Rafiq Bajwa said that the act was un-Islamic because it prescribed imprisonment as a punishment. Islam allowed punishment of Had and Taazir only. There was not a single example that a person was imprisoned during the times of the Holy Prophet (may peace be upon him). The court asked if this could not have been introduced by way of Ijtihad. The counsel replied that the principles laid down in the Quran and Sunnah could not be changed by Ijtihad. He said the effects were not restricted to the offender but his family and society also suffered. Islam only allowed for detention and not imprisonment. The counsel challenged the act for being applicable retrospectively. He reiterated that the act was passed to serve the interests of its architects and not for eradicating corruption from the society. The petitioners' arguments against the validity of the Ehtesab Act concluded on Thursday, after which the five-member Lahore High Court bench adjourned the proceedings for Aug 18 when the attorney-general will start his discourse. The constitutional petitions challenging the act were filed by the former Punjab chief ministers, Mian Manzoor Wattoo and Sardar Arif Nakai; former federal petroleum minister Anwar Saifullah; PPP leader Haji Nawaz Khokhar; Wukala Mahaz for Safeguarding the Constitution and a journalist, Jalilur Rahman. A reference was also made by the Ehtesab bench, comprising Justice Mian Allah Nawaz and Justice Mohammad Islam Bhatti, for determining whether the act was discriminatory in nature and whether it protected the proceedings initiated under the Ehtesab Ordinance, 1996. Earlier, the petitioners had raised objections about the powers given to the Ehtesab cell. No guidelines were laid down about the working of the cell. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970801 -------------------------------------------------------------------- Air fare up by 10pc: applications from Aug 17 -------------------------------------------------------------------- Bureau Report ISLAMABAD, July 31: In the Haj policy for the year 1418 Hijri, announced here on Thursday, the government has increased the amount to be charged towards the Haj expenses with a 10 per cent rise in air fare and fixed Aug 17 as the date to begin collecting applications for Haj under the regular as well as sponsorship schemes. Federal Minister for Religious Affairs Raja Zafarul Haq announced an increase of 10 per cent in Haj air fares. He explained that the Haj expenditure had gone up this year because of the devaluation of the Pakistan rupee against the US dollar. He informed that the rate of US dollar for the purpose of providing foreign exchange quota to each pilgrim had been fixed at Rs44.02. A pilgrim travelling from Karachi will have to pay Rs70,449 while one travelling from other stations-Islamabad, Lahore, Multan, Quetta, Sukkur and Peshawar-will pay Rs73,249 each. The Haj expenses for the pilgrims under the regular and the sponsorship scheme will, however, be the same. Though he did not mention the number of pilgrims who would be allowed to perform Haj next year, Raja Zafarul Haq admitted that the government was considering reducing the number of pilgrims because of the problems faced in the past. "The number will be announced later after the finalization of arrangement for the pilgrims," he said, assuring that Pakistan would utilize its full quota of pilgrims allotted by the Saudi government. In a bid to minimize the financial burden on the pilgrims, the minister said, the government was requesting PIA to reduce the stay of pilgrims in Saudi Arabia from 41 days to 30 or 35 days. The Haj applications under the regular scheme will be received by the banks from Aug 17 to Sept 5, and from Aug 17 to Sept 20 for the sponsorship scheme, it was announced. As in the past, those who have already performed Haj, or are below the age of 18 will be barred from performing Haj. However, the group leaders and the mehram accompanying the women belonging to the Sunni sect will be allowed to apply. The intending pilgrims have been asked to apply in groups of 5, 10, 20 and 50. The government will arrange for the pilgrims' accommodations in Makkah and Madina but those who opt for their private accommodation will be required to furnish its details to the authorities. The minister said the bus journey from Makkah to Madina and back has been made optional and SR150 will not be deducted from those pilgrims who would want to travel on their own. In a question-answer session, the minister categorically said the restrictions on the special Haj quota will be retained and no one would be allowed to perform Haj on government expenses. However, the special quota for the industrial labour, benevolent fund and the defence personnel, he clarified, would remain intact. He said that the government would impart proper training to the intending pilgrims this year. UMRA POLICY: While announcing the Haj policy for the next year, Federal Minister of Religious Affairs Raja Zafarul Haq said the secretary of his ministry, Lutfullah Mufti would be holding talks with the Saudi charge d'affairs to formulate a comprehensive Umra policy, APP reports. According to the agency, he said the proposal of the Saudi government to send pilgrims for performing Umra with a contractor who would also be responsible to get the pilgrims back was not practicable. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- MoUs on defence, investment signed -------------------------------------------------------------------- Hasan Iqbal Jafri KUALA LUMPUR, Aug 1: Pakistan and Malaysia signed two memorandums of understanding on defence and investment here onFriday after formal meetings between Prime Minister Nawaz Sharif and his Malaysian counterpart, Dr Mahathir Mohammad. "The talks covered an entire spectrum of Pakistan-Malaysia relations with special emphasis on enhancing bilateral economic cooperation," Foreign Secretary Shamshad Ahmed briefed reporters after the two-hour meeting between the two chief executives. In a significant measures to enhance bilateral relations, the first MoU deals with defence cooperation between the two countries aimed at promoting training, joint military exercises and exchange of officers for staff college training, officials said. The other pertained to a joint venture between the government of Punjab, the Punjab Industrial Development Board and a Malaysian company, Inno-Enhance, to build an export-processing zone near Raiwand. The 500-acre zone is estimated to cost about Rs1.6 billion, including Rs75 million for land acquisition and the rest for developing the project. Malaysian Foreign Minister Abdullah Badawi said the two countries would like to build upon their relationship by expanding trade and investment ties. "The relations between the two countries are at a very good level," he told Dawn. "What we need to do is to expand these bilateral relations." He said Malaysia would share its experience of privatizing state-run companies in addition to improving relations in science and technology, education and defence.

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BUSINESS & ECONOMY

970727 ------------------------------------------------------------------- Power projects involving kickbacks may be scrapped ------------------------------------------------------------------- Ihtashamul Haque ISLAMABAD, July 26: The Cabinet committee on Energy is meeting on Monday to discuss the report of Nizam Shah committee that is said to have recommended the scraping of those power plants which were set up without following certain criteria, and involved kickbacks. Talking to Dawn Chaudhry Nisar Ali Khan, Minister for Petroleum and Natural Resources, pointed out that the committee has suggested ways and means for bringing down the cost of the private power. 'But the private power projects which were set up fairly without any under hand deal of kickbacks should have no fears or doubts, he added. 'We intend to honour every such project and agreement,' he assured. Only those project, he pointed out, should fear any problem which have been set up without following certain procedure. 'This report of the committee is now with the government and a special committee of the cabinet comprising the ministers of Finance and Water and Power will give its report to the prime minister for final decision after Monday's meeting,' Answering a question, he said, Pakistan is hoping to have $ 100 million foreign investment during next 18 months period as a result of a broad understanding reached with a number of foreign companies. 'More than 23 new concession agreements with foreign oil companies will be in place soon to get $ 100 million investment in a period of one year to 18 months period,' said Chaudhry Nisar Ali Khan. Also he said that bids will be invited shortly from oil exploration companies to offer them concessions for finding out oil in different parts of the country. In the refining sector, he pointed out, Pakistan is going to have a new refinery in Multan after 30 years with the capacity of 100,000 barrels of products per day. 'Bids have already been invited for the new refinery and after the evaluation, work will be awarded to one of the bidding companies to be responsible for shaping a consortium for the project,' Nisar Ali Khan said. Responding to a question he said that the refinery project is a joint venture between Par Arab Refinery Company (PARCO) and Abu Duhabi. He said the Government has managed to increase the capacity of National Refinery Ltd. (NRL) and Pak Refinery Ltd. (PRL). 'And new Attock Refinery is complete and its inauguration will be done by me next month,' he added. On the marketing side, he said, due to his personal efforts, the Government managed to get Shell Oil company in 1992, which is one of the biggest companies. 'Shell has gone into oil market of Pakistan in a very aggressive manner and it has set a standard and new trends which the marketing companies must try to match,' Nisar Ali Khan asserted. Further, he pointed out, the Government plans to de-regulate the petroleum sector for the benefit of both- the local and foreign companies. 'Then we would soon be de-regulating the import of oil and subsequently it will be given to the marketing companies.' He said an agreement has just been signed between Pakistan and Turkiministan for laying a gas pipeline at a cost of 2 billion dollars. For the first time, he claimed, a time schedule of year 2001 has been fixed for the completion of the project. 'I am sure gas will be flowing into Pakistan from Turkiministan in the year 2001,' he added. To a question, he said: of course, it will greatly help the project if the situation in Afghanistan is stabilised. 'However one thing is good that the entire route of the gas pipeline is under the very much control of Taliban government.' To another question Nisar said he still believed that there is scope for another gas pipeline from Iran. 'This project is important as Pakistan can offer this gas to a third country including India,' he added. He pointed out that negotiations with Iran are still in the progress and, 'if the project is feasible and pricing is right, we do not rule out the possibility of a second gas pipeline.' About the third pipeline from Qatar, the minister said he does see much chances for it. 'Personally I do not see the project being practical in the short run,' he stated. To another question he said the withdrawal of orders related to tax exemptions by the PML government will attract both local and foreign companies to take part in the exploration activities. He regretted that the PPP government had withdrawn reduction in the custom duties and other incentives that stopped the foreign investment in the field of oil and gas. 'However things are now moving in the right direction and I am sure we will have more and more foreign investment in the oil and gas sector,' he concluded. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970728 ------------------------------------------------------------------- Will cheap money have a real impact on the economy? ------------------------------------------------------------------- Mohiuddin Aazim The banking sector reforms have started showing results and three out of five big banks have reduced their lending rates while the other two are set to follow suit shortly. Muslim Commercial Bank and Habib Bank have lowered their maximum mark-up rates by 1.09 and 1.83 per cent while National Bank of Pakistan has cut its mark-up on four broad categories of lending by 1-5.84 per cent. The bank borrowers have already got the facility of withdrawal of 1 per cent excise duty on the banking loans. Combined together the cut in mark-ups and the withdrawal of the CED have provided a really big relief. The biggest relief has come for the exporters. The National Bank has not only cut its lending rate on export bills by a huge 5.84 per cent to 16.06 per cent it has also reduced by 1 per cent to 12 per cent the concessionary mark-up under the export refinance scheme. Under this scheme the State Bank provides funds to the banks at 10 per cent which the bankers lend to eligible exporters at 13 per cent. Besides the bank has cut its mark-up on working capital finance and fixed investment by 5.11 per cent to 16.79 per cent and by 1.83 per cent to 20.07 per cent respectively that would definitely help industrialists particularly the exporters to boost production. The revision in the NBP mark-ups has been well received by the trade and industry as it seems to be the only genuine move made so far to offer cheap credit to the private sector. The 1.09 per cent cut in the lending rates of MCB is restricted to those borrowers who borrow at more than 17 per cent thereby depriving the exporters of any relief who avail of the export refinance scheme. Similarly 1.83 per cent reduction in the lending rates of HBL is applicable only on the maximum mark-up charged by the bank that has fallen from 21.90 to 20.07 per cent per annum. Downward revision Senior bankers say the United Bank and the Allied Bank may also announce a downward revision in their lending rates shortly. They say that Prime Minister Nawaz Sharif during his visit to Karachi on July 23 asked the banks that are yet to announce a cut in their lending rates to do it as quickly as possible. That is why the UBL and ABL are rather hastily finalising theirnew mark-up slabs. Bankers are sure that the two banks may come out with at least 1-3 per cent cut in their lending rates. It is against this backdrop that the local private banks have also started pruning their mark-ups though they are not coming out with public announcement on it merely because their lending rates are still high. On the other hand the foreign banks are keenly watching the situation and are weighing the pros and cons of a possible reduction in their mark-ups. Senior executives of foreign banks say the average lending rates of foreign banks have already been much lower than those of the nationalised commercial banks or private banks. Hence they can afford to delay a downward revision in their rates. The average lending rates of big foreign banks currently range between 15-17 per cent-close to the new mark-up rates announced by the NBP. Executives of foreign banks are confident to compete with the NCBs-their arch rivals-at these rates for some time. But they know that they will have to lower their mark-ups sooner or later-in response to the banking sector reforms that have created extra liquidity in the market enabling the banks to provide cheaper credit to their clients. They also know that the government and the State Bank would not allow them to keep their present lending rates intact for long. So a nominal cut in the lending rates of the foreign banks is also on the cards. This being the present banking scenario one should hope that the supply-side economics being prescribed for the revival of the economy will work. It was under the supply-side economics that the government and the State Bank offered a number of incentives aimed at creating surplus funds in the market and enabling the banks to make cheap credit available to the private sector. These incentives have a price-tag for the economy both in terms of revenue shortfall-in case of withdrawal of excise duty for example-and risk running-as in the case of a 5 per cent cut in the statutory liquidity ratio. The banks have been allowed to maintain only 20 per cent of their time and demand liabilities as SLR instead of 25 per cent-one big incentive that has saved some major banks from being penalised by the State Bank and created surplus funds for others. But the reduced level of SLR obviously means availability of lesser money of a bank with the SBP that can be refunded to the depositors in case of a run on the bank. High risk indeed! Particularly in a country like Pakistan... That is why both the government and the State Bank would make it sure that the benefit of every fiscal or monetary measure is passed on to the bank borrowers and the depositors that in turn would boost industrial production and increase saving rates. The latest development in the macro-economic management is the commitment Pakistan has won from a visiting delegation of the World Bank and IMF for a $1.6 billion loan under Enhanced Structural Adjustment Facility-ESAF and Extended Fund Facility -EFF. The two sides have agreed on the terms and conditions for ESAF and EFF and the first tranche of the loan is expected to come in by October. This will surely send a positive signal in the world market and enable Pakistan to attract more direct foreign investment and help it bring in additional foreign currency funds through the banks. Besides the successful conclusion of talks on ESAF and EFF would also help both the government and the private sector to raise more funds from other multilateral lending agencies such as Asian Development Bank. So the possibility is that the country would not only meet its immediate debt servicing requirement it would also be able to inject further liquidity in the economy. But the 60 million-dollar question is whether the availability of cheap money would really increase our production base as projected by the economic managers. Many ifs need to be taken care of first if the answer is to be Yes. The government is trying to make the supply side economics work by offering generous incentives to the banks and the bank loan defaulters but whether these high-cost incentives would achieve the ultimate goal of lowering the double-digit inflation and improving the quality of life of the common man needs proper evaluation. The coming down of banks lending rates is not an objective itself -rather it is a means to achieve the ultimate goal of making goods and services cheaper for the people through a complex series of trickle down effects. That could only be achieved when the monetary and fiscal measures go hand in hand supported by a very strong political will to ensure an efficient macro-economic management and the just distribution of wealth. Lately some laws have been made to give greater autonomy to the State Bank thereby keeping the monetary policies independent of political influences yet the right kind of correlation between fiscal and monetary policies are yet to be seen. For example the government has so far failed to tap the potential of agriculture tax and extend the scope of the general sales tax on to the retail stage. These two things should have been done much earlierto support the new relatively more market-related monetary policy and to ensure achievement of the objectives of the supply side economics. Agriculture tax If the agricultural tax continues to be a slogan rather than a reality and if the industrial and services sector are squeezed to yield more to the public exchequer-the ultimate target of lowering inflation and improving the quality of life would not be achieved. Similarly if income and income alone is taxed-and not consumption-the creation of surplus funds would do little to increase the saving rates. It would rather serve to encourage wasteful consumption-more so because of existence of a big parallel economy. Besides the lack of the political will to ensure efficient management of the economy and just distribution of wealth gives a crude reality check to those who believe that the availability of cheap money would bring bonanza for the businesses and cut the back-breaking inflation to an extent where the common man would take a sigh of relief. The intensity of this lacking manifests in many ways-in growing lawlessness and increasing socio-sectarian conflicts to name a few that can always take a heavy toll on the economic performance of the country. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970728 ------------------------------------------------------------------- Economy fast becoming 'dollarized' ------------------------------------------------------------------- Sultan Ahmed AT WHAT point will the dollarization of our savings, which is a recent phenomenon, be cut off or officially discouraged or be made less rewarding? If only these deposits which have risen to $8.5 billion by now, inclusive of resident and non-resident deposits, represented genuine savings that might have been welcome. In fact the deposits represent a large part of the capital and working capital diverted from industries and business houses into foreign and Pakistani banks as dollar deposits. At Rs 360 billion today, they are larger than the revenues of the country for a whole year and that is a matter of considerable concern for all interested in the well-being and economic progress of the country. So much money sitting in banks as foreign exchange while 4,000 industrial units are sick and clamouring for funds to be used as working capital is a weird phenomenon. This money ought to be normally employed for productive purpose but is not. Instead, the government has used up all that for meeting its own foreign exchange needs in view of the large trade and balance of payments deficit, which for the last two years together was $8.5 billion. On the other side, there is the argument that if the facility for depositing such savings and idle capital in foreign exchange accounts in local banks was not there, it might have gone abroad to add to the $30 to 50 billion already there, while some estimate the amount far higher. The State Bank of Pakistan says that deposits of overseas Pakistanis in foreign exchange accounts are falling while those of Pakistanis are rising. It could well be that much of the deposits of Pakistanis were in fact deposits of resident Pakistanis who now feel secure enough under the Nawaz Sharif government to declare them as their own funds. An added advantage is that those with foreign exchange deposits in Pakistan banks can get up 70 per cent or more in rupee loans which carry an interest of 17 to 18 per cent which is much cheaper than having to raise loans at 22 per cent or more. And one gets rupee loans on dollar deposits instantly. In fact because of this advantage, the government is convinced there will be no run on the dollar deposits. Mr V.A. Jafarey, adviser to Ms Bhutto on Finance, used to argue this is purely a swap arrangement as the depositors get cheap rupee loans on their deposits plus interest in dollars. But only about 60 per cent or more of the large depositors are reported to have obtained rupee loans. The dollar depositors also real terms but also a part of the capital. But while what is happening is good for both the government and the depositors in such inflationary conditions, much of that money should normally be employed in industry. And how much of this money represents defaulted loans of Rs 130 billion which is equal to half the rupee value of the foreign exchange deposits is not known. Surely a sizable part of the deposits should be the outcome of the defaulted loans and the fuel which should be running the 4,000 sick industrial units. It is time the government gave serious attention to these deposits not so as to hurt the depositors but to explore what part of that could be used for revival of the industry. That could be through the reduction of interest rates on such savings, but the fact is that raising the interest rate for two years deposits under the National Debt Reduction of the Prime Minister to 7.5 per cent for two years to 9 per cent for 5 years has not resulted in larger deposits on this account. The response including through transferring old deposits to new accounts has not been encouraging at all. The basic solution to the problem is reducing inflation not statistically but actually, beginning with sustained reduction of the budget deficit and steadily lowering of government borrowing. When inflation comes down, devaluation would also drop and the people will not rush to seek sanctuary in dollar deposits. Equally important, is for the return on the rupee deposits to be enhanced, at least five per cent above the real inflation level. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970801 -------------------------------------------------------------------- DFIs reluctant to cut lending rates -------------------------------------------------------------------- Staff Reporter KARACHI, July 31: While major commercial banks have cut their lending rates in response to the incentives offered by the State Bank of Pakistan (SBP) the development financial institutions are yet to follow suit. Senior executives of DFIs say they are examining the possibility of slashing the mark-ups but are reluctant to set a deadline for it. 'We are looking into the possibility...but it would be premature to say as to when we will lower our lending rates,' said the chief executive of a major DFI. He said unlike the banks the DFIs are supposed to offer long term loans the mark-ups on which cannot be revised all at once. 'We have to see whether and how long we can sustain a slash in our lending rates.' Four out of five major commercial banks namely (i) National Bank (ii) Habib Bank (iii) Muslim Commercial Bank and (iv) Allied Bank have lowered their mark-ups by about 1-6 per cent this month in response to a set of incentives announced by the SBP. Executives of DFIs say many of the SBP incentives accorded to the commercial banks do not apply on the DFIs in the first place adding that the ones that do apply would take time in helping the DFIs out of their liquidity crunch. 'We can cut our lending rates only when our own cost of fund declines to a level where a downward revision of the rates is sustainable,' said the head of a state-run DFI. He said the cost of funds the DFIs raise from the local market oscillates between 18-20 per cent depending upon the maturity of the fund adding that the cost of foreign currency funds is lower by only 2-3 per cent if generated without having a forward cover by the SBP. 'The cost of foreign currency funds comes to as low as 12 per cent but that relates to the indirect funds raised by the depositors and not the DFIs themselves.' But the situation is bound to change. The cut in lending rates by major banks supported by a more frequent inflow of foreign currency swap funds is going to make cheap money available for the DFIs. 'That is what we are expecting...but that has to happen yet...only then we would be able to cut our mark-ups,' said a senior executive of a leading DFI. Unlike fund managers at the commercial banks the executives of DFIs are also not much optimistic about inflow of foreign funds in the wake of an understanding reached between Pakistan and the Briton Wood institutions for a $1.6 billion loan. The first tranche of the loan is expected to come by the end of October. They say they do not believe that the said understanding would help the DFIs attract much of the foreign funds from multilateral lending agencies and fund managers. 'Multilateral agencies and international fund managers would not start pouring in money particularly long term funds in Pakistan only because of our initial agreement with the IMF and the World Bank,' an executive said. He said the inflow of long term foreign funds is always subject to a deep scrutiny of the financial health of the borrower besides the credit worthiness of the country as such. 'Since our financial sector is undergoing structural reforms we should not expect that foreigners would find it commercially viable to lend long term funds.' Vested with greater autonomy in January this year the State Bank has rather refrained the commercial banks from making project lending that is supposed to be the exclusive responsibility of the DFIs. On the other hand it has intensified its vigil on the DFIs to ensure that they do not lend short term funds that is supposed to be done by the banks. This clear demarcation of operational borders for the banks and DFIs is aimed at enabling the two sets of financial institutions to enhance their performance. But naturally it is giving tough time to the banks and DFIs. This is one of the several reasons why all the banks have not been able to reduce their lending rates and why the DFIs are taking too much time to do it. But senior executives of DFIs say they are monitoring the changing trends in the money market minutely adding if the trends show a consistent sign of declining cost of funds and increasing liquidity they would quickly lower their mark-up rates. Money market analysts foresee a 1-3 per cent cut in the lending rates of the DFIs in the near future. 'The DFIs will have to cut their mark-ups by at least 1-3 per cent,' says the president of a big bank. 'The SBP has taken note of the delay on the part of the DFIs in lowering their lending rates. It would not allow them to remain oblivious of the most fundamental changes taking place in the financial sector.' What the banker refers to is the supply side measures taken by both the SBP and the government to reduce the cost of funds enabling the banks and DFIs to cut mark-ups and help boost industrial production and exports. If the DFIs do not respond to the new situation in the manner they should it would frustrate the plans of reviving the economy-which the economic manager of the country would not allow at any cost. That explains why the money market analysts are sure that the DFIs too would have to cut their mark-ups. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970801 -------------------------------------------------------------------- SBP asserts authority over banks -------------------------------------------------------------------- Staff Reporter KARACHI, July 31: The State Bank of Pakistan has reminded all the banks that they are not supposed to follow any directive that is inconsistent with the SBP policies or regulations. A SBP circular issued on Thursday refers to a new section added to the SBP Act on this subject and advises all the banks to ensure that they do not take any action that is inconsistent with the policies, regulations and directives issued by the SBP. The relevant section of the SBP Act that the SBP circular has reproduced for information and record is this: "46B. Inconsistent directives not be issued: No governmental or quasi governmental body or agency shall issue any directive, directly or indirectly, to any banking company or any other financial institution regulated by the Bank which is inconsistent with the policies, regulations and directives issued by the Bank pursuant to this Act, the Banking Companies Ordinance, 1962 (LVII of 1962) or any other law in force." Section 46B is one of the most crucial additions introduced to the SBP Act in January this year to ensure that the banking system works sans political influence and pressure. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- Privatization thru stock exchanges -------------------------------------------------------------------- Ihtashamul Haque ISLAMABAD, Aug 1: Privatization Commission has decided to privatize substantial chunk of the state-owned corporations through stock markets to get better prices. Informed sources told Dawn here on Friday that the Privatization Commission, on the advice of the federal government, has asked many public sector enterprizes to get themselves listed on the stock exchanges. Sources said that the Allied Bank Limited has been asked to urgently get itself listed so that its remaining 49 per cent shares could be disinvested. "We will try all available options but primarily we want shares of state enterprises to be floated on the stock exchanges for getting better deals," an official of the Privatization Commission said. He said that the Corporate Law Authority (CLA) has started vetting proposals to be offered for public subscription. Sources said that while the government plans to disinvest a substantial chunk of shares of the state-owned corporations through stock market, it would also privatize them through strategic sale. "It depends as wherever we will get good price we will exercise that option," an official said. The decision to float shares of a number of state-owned units with the stock exchanges was taken after witnessing buoyancy in the capital market. The rise in market price of the PTCL shares to about Rs 45 per unit from Rs 28 (which remained stagnant for few years) has sent signals that the market is congenial for floatations by public corporations. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970728 ------------------------------------------------------------------- Strategy at parleys with IMF pays off ------------------------------------------------------------------- M. Ziaudin THE LIGHT at the end of the tunnel is clearly visible, thanks largely to a fine blend of bold decisions and copybook policies. It was, indeed, a bold decision on the part of the government to cut loose the shackles of the IMF by unilaterally abandoning the augmented Standby arrangement so painstakingly arranged by Shahid Javed Burki, the caretaker finance minister. If we had continued with the augmented standby, the government would have had to fix the budgetary deficit target for 1997-98 Budget at the impossible level of 4 per cent of the GDP when 1996-97 was coming to an end with the budgetary deficit shooting well past 6 per cent. So, finance minister Sartaj Aziz was allowed room of at least one per cent of the GDP, that is as much as Rs 30 billion as he made a tight budget for the current year fixing an attainable budgetary deficit target at 5 per cent of GDP. It was, indeed, a politically bold decision on the part of the government to put a hold on the defence budget as well as to take in hand a gradual but firm programme of downsizing of ministries, departments and corporations. It is also a very wise step on the part of the government to go ahead with the programme without making an official announcement about it. The biggest gamble which the government took was on the issue of tariff reductions. Customs being the one sure source of revenue income, governments normally tend to adjust the tariff rates upward rather than bring them down, especially governments in those countries where dependence on imports is more than overwhelming as is the case with Pakistan. In the IMF's prescription, the decline in the income from customs due to reduction in the tariffs is made up through the imposition of the general sales tax (GST) and withdrawal of various duty exemptions allowed for various non-economic reasons. Since both these measures would have immediately impacted on the business community on whom the government is depending to make a success of its economic policies, they were both very wisely postponed to some more opportune point of time in the immediate future, perhaps to the next financial year when the government would be in a politically as well as economically better position to neutralise the blackmailing clout of the business community. Instead, the government has tried to make good the immediate expected declines in the income from customs side by proposing an improved collection of State Bank profits as well as by keeping a tight rein on non-development and development expenditures. Here too, the government was helped by the fact that it was not cramped by an on going IMF arrangement. Indeed, if we had continued with the IMF 's standby arrangement, the government would not have been able to postpone these measures and as a result the business community would have withdrawn its cooperation and the whole edifice of restructuring would have simply collapsed. Here it would not be out of place to recall that a special private sector negotiating session was held at the aid-to-Pakistan consortium meeting of April 1995 in Paris to get the then government to agree to give back all the concessions it had withdrawn from the business community in the 1994 budget in order to be able to reform the economy in accordance with the IMF prescription. So, when you are with the IMF, they want you to eat the cake and have it too. Alongwith these reforms, the government has also started taking steps to bring down the cost of money which has had an even more beneficial effect on the overall cost of production. Also, by giving full autonomy to the State Bank, it has also taken care of the ever-escalating borrowing from the banks to bridge the budgetary gap. This way, it has made it possible for more financial resources to be diverted towards the private sector. As a result of all these steps and also due to the fact that the government has allowed the five most popular scrips to have more the 50 per cent weightage in the Karachi Stock Exchange index, lively activity is being witnessed on the country's capital markets. Matters have been helped immensely as well by the flow of western and East Asian hot money in the direction of our capital markets. Meanwhile, both the Americans and the IMF have sent highly positive signals, the one with the promise to do away with the Symington amendment and the other with the pledge to extend an Extended Structural Adjustment Facility (ESAF) amounting to $1.6 billion over the next three years by October-November. If this materialises, Pakistan's risk rating would improve immensely and the country would be able to mobilise loans at much favourable terms with which it can get rid of the $2 billion worth of short-term loans mobilised in panic at highly unfavourable terms by the former interim finance minister Shahid Javed Burki to show that he could manage the economy much better than any local Pakistani. Also, an ESAF which endorses the figures and numbers envisaged in the current budget (a budgetary deficit of 5 per cent of the GDP, no consumption tax, no withdrawal of duty exemptions, no real agricultural income tax and a very low allocation for annual development plans including the SAP and no promise of increases in utility charges or devaluation) is expected to help us attract genuine buyers to our privatisation market where almost all utilities are up for sale. In fact, the IMF is said to have proposed that it would extend soft loans outside the budget (which would not upset the 5 per cent GDP figure of deficit) for restructuring the non-profitable public sector units and organisations before they are put on sale in order to ensure a good price for each of them. So far so good. The flicker of light which is visible at the end of the tunnel is due mainly to the steps taken by the government in the last six months as well as the other developments that have taken place here since. These steps also include the 13th and 14th amendments and promise to hold the census in October to be followed by local bodies elections. However, the government has yet to take care of the law and order situation which is deteriorating by the day in Karachi and major towns of the Punjab. Also, so far the private sector has not responded to the governmental measures with the enthusiasm with which it was expected to welcome them. But then, we can still give them another three months before hitting the panic button. Another issue which needs to be monitored closely is that of the crop situation. If the agricultural sector grows at its normal rate, everything would suddenly get brightened up on the economic front. Our exports would pick up even if the business community continued to drag its feet. But in case of even a slight reversal in the agricultural sector, all the hardships that the current restructuring is likely to throw up in the coming months would assume a very harsh form nullifying all the good work of the government. The second issue that needs to be kept in mind is the effect of the hidden clauses of the WTO on our exports. These hidden clauses refer to the definition of anti-dumping law, the ISO related quality barriers, and the anti-child labour, environmental and corruption related impediments against our exports. And above all, only sustained efforts over the next 24 months on the fronts of the economy, governance and tax collection without any regard to the immediate political prices would yield the desired results and take the country out of the dark tunnel it has been creeping through since decades. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- Bears make heavy profit-selling, index falls by 56 points -------------------------------------------------------------------- By Our Staff Reporter KARACHI, Aug 1: The KSE 100-share index got a fresh hammering on Friday as bears indulged in heavy profit-selling at the higher levels, pulling it further down by 56 points at 1,933.26. In the morning session, the index, after falling as low as 57 points, managed to finish partly recovered around 1,948.96, showing a decline of 48.55 points. However, in the evening session, it lost seven points to finally close the weekend session at 1,933.26. Many analysts fear it could breach the barrier of 1,900 points before recovering but is expected to stabilize around 1,850 points. "A decline of 90 points or about 5% in two sessions is colossal and reflects that the recent run-up was largely inspired rather than a genuine one," said a leading analyst. The market appears to have decided to beat a hasty retreat as the exponents of the bull-run were not inclined to go further with those who could take risks too, he added. It was satisfying to note that genuine investors did not ride the bandwagon and are bit happy as they probably could not have digested the big retreat so easily. Some floor brokers said the correction was overdue in the wake of last four weeks sustained run-up and there is nothing to worry as the market is expected to resume its upward drive when the trading resumes next week. Analysts were, however, not inclined to take a bearish view of the last two days sell-off, pulling the index down by about 80 points, and termed it "the market's technical demand and correction long overdue." "The IMF-led buying euphoria is fading out by each session as some of the bargain-hunters are leaving the market with the same speed as they did enter some four weeks ago, of course after taking home a hefty purse," said a leading analyst. The KSE 100-share index was quoted 45.26 points lower in the morning session at 1,944.25 as compared to 1,989.51 a day earlier and in the evening session it suffered fresh setback of 11 points. It was down about 60 points after the trading resumed in the morning. Unlike Thursday's session, when the broader market performed well despite a big decline in the index, the situation in the short Friday session was not that happy as the decline was widespread, indicating hasty liquidation on some of the leading shares. The bulk of selling was confined to the leading index shares, notably those which hold about 60% weightage in the index and pull it down or bring it up as they like just in one go. PTCL, which holds a weightage of about 32%, finished with an extended loss of Rs 1.05 and so did Hub-Power, falling by 90 paisa, and ICI Pakistan, Rs 1.20. The disturbing feature was that the sell-off covered the entire list, partly because of weekend considerations, but there are reasons to believe that further selling might be around. The losing shares dominated the list under the lead of blue chips such as PSO, Shell Pakistan, Bank Al-Habib, KESC, Engro Chemicals, Indus Motors, Philips and BOC Pakistan, falling by Rs 2 to Rs 5. Some of the ICP Mutual Funds, notably 4th, 6th, 8th and 13th, managed to recover one rupee each but Shafiq Textiles, Packages and Lever Brothers came in for renewed support and finished higher by one rupee to Rs 10. Other losers were led by ICP SEMF, Bankers Equity, Crescent Bank, PIC, New Jubilee Insurance, Maple Leaf Cement, Sui Southern, Honda Atlas and Nishat Mills, falling by Rs 1.40 to Rs 2.25. Trading volume fell to 71 million shares, partly because of a short Friday session, from the previous 84 million shares, as losers maintained a strong lead over the gainers at 150 to 345 with 48 shares holding on to the last levels. Hub-Power topped the list of most actives, off Rs 1.20 on 16 million shares, followed by PTCL, lower Rs 1.25 on 16 million shares, ICI Pakistan, down Rs 1.55 on 16.205 million shares, Japan Power, easy 40 paisa on 4 million shares, Dewan Salman, lower five paisa on 2 million shares, and FFC-Jordan Fertilizer, off 80 paisa on 7 million shares. The other actively traded shares were led by MCB, lower 75 paisa on 0.551 million shares, Bank of Punjab, easy 35 paisa on 0.182 million shares, Faysal Bank, off one rupee on 0.103 million shares, and Schon Bank, lower 45 paisa on 0.101 million shares. DIVIDEND: Souvenir Tobacco, cash 7.5% for the year ended June 30, 1997. ------------------------------------------------------------------- SUBSCRIBE TO HERALD TODAY ! ------------------------------------------------------------------- Every month the Herald captures the issues, the pace and the action, shaping events across Pakistan's lively, fast-moving current affairs spectrum. Subscribe to Herald and get the whole story. Annual Subscription Rates : Latin America & Caribbean US$ 93 Rs. 2,700 North America & Australasia US$ 93 Rs. 2,700 Africa, East Asia Europe & UK US$ 63 Rs. 1,824 Middle East, Indian Sub-Continent & CAS US$ 63 Rs. 1,824 Please send the following information : Payments (payable to Herald) can be by crossed cheque (for Pakistani Rupees), or by demand draft drawn on a bank in New York, NY (for US Dollars). Name, Postal Address, Telephone, Fax, e-mail address, old subscription number (where applicable). 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EDITORIALS & FEATURES

970727 ------------------------------------------------------------------- An exemplary judgment ------------------------------------------------------------------- Ardeshir Cowasjee IN August 1996, in the centre of Karachi, a lake and its peripheral park, together admeasuring 246 acres and notified as a public amenity area, was surreptitiously and illegally commercialized, and an agreement was signed to lease it out to a developer for him to thereupon build commercial property for pecuniary gain. Is there anyone in this land of ours who is prepared to believe that this could have been done without the tacit approval or active connivance of Prime Minister Benazir Bhutto, her chairman of the Environment Protection Agency doubling as her minister of investment Asif Zardari, her now absconding chief minister in Sindh, Abdullah Shah, his now absent adviser, 'Tony Casino', and all their concerned ministers and official abettors? And, is there anyone who could believe that such an agreement could have been made without a lot of money changing hands, under the table? We go back twentyfive years. Under instructions from President Zulfikar Ali bhutto, his faithful minister for housing, town planning and local government in Sindh, Jam Sadiq Ali, had a scheme prepared for the development of the Clifton area of Karachi, and this then well planned area notified as Kahkashan, KDA Scheme 5, Clifton, was born. On December 6, 1972, the president approved the plan for implementation, whereafter, from 'day one', all those empowered with 'discretion' to amend or change or relax rules and regulations, have so done, with impunity and regularity, for their own nefarious gain. Amenity Block No. 6, admeasuring 246 acres of the notified Scheme 5, comprises a seawater lake of 192 acres and a peripheral park area of 54 acres. This tidal lake, a portion of the eastern backwater of the port, within the jurisdiction of the Karachi Port Trust, is also known as 'The Boating Basin.' A stone embankment was constructed to contain the water, and the fenced-in area was handed over by the lessors, the KDA, to the KMC for development. Come the third PPP government, and in August 1994 it was decided to develop ponds for performing dolphins and seals and to build and operate an amusement park on 10 acres of the 246-acre area. International offers were invited. The only offer received was from the firm of Marine Animal Productions (MAP) in Gulfport, Mississippi, USA. The firm's professionals came to Karachi, discussed the project, and on March 28, 1995, a letter of intent was issued by the KMC informing MAP that they had been selected and that the KMC would negotiate with them exclusively. 'Terms of reference and guidelines' were formulated by the Parks Department and approved by the Legal Department of the KMC, envisaging the licensing of 5 acres of land and 5 acres of water to the licensees. Then came the marauders. The MAP was sidelined without assigning any reason, the terms of reference were shelved. In June 1995, the project was taken over by the KMC engineering department and the chief engineer advertised in Dawn on the 25th of that month announcing that: "In compliance with Prime Minister Mohtarma Benazir Bhutto's Karachi Socio-Economic Package" public offers were invited to build, own and operate "A dolphin park and sea-sports complex at Boating Basin, Clifton - the Diamond District of Karachi." Six local builders, developers, entrepreneurs submitted offers and the KMC selected developers Dolmen (Pvt) Ltd. After negotiations, KMC Administrator Anzar signed an agreement on August 19, 1996, with Dolmen's managing director Nadeem Riaz. The agreement, inter alia, envisages the leasing out to Dolmen all of the 246 acres for a period of 30 years and enables the KMC to "consider to extend the lease for such period and on such reasonable terms and conditions as may be mutually agreed" between the two parties. It also permits Dolmen to construct on 34 per cent of the total land and water area "buildings and structures of all kinds relating to the components defined in Clause 1 of the Agreement." The "components" include administration/office blocks, amphitheatres, exhibition centres (shops?), food outlets (shops?), merchandising outlets (shops), games and other outlets, bowling alleys, billiard rooms, etc. It also envisages that "the components shall, where appropriate, be updated and improved from time to time under intimation to KMC." Of note are the words "shall" and "intimation." No prior approval of the KMC is necessary. Thus, Dolmen is virtually entitled to build and lease out a string of commercial complexes over an area of 84 acres (406,560 sq. yds) of real estate now conservatively estimated to be worth some Rs 25 billion. In return, Dolmen is expected to provide recreational facilities and will be responsible for "the diversion of sewerage from Nahr-i-Khayyam and the inlets from Chinna Creek." It will pay to the KMC, by way of royalty, five per cent of the fees charged for entrance to the amusement park, with a minimum of Rs 5 per person. The lease rental for the total area has been fixed at 50 paisa per square foot per annum (which with 'exemptions', totals Rs 1,176,120 for the first year), compoundingly increasing by 15 per cent per annum. Come this government, come Federal Nawaz and Provincial Liaquat Jatoi, and instead of cancelling and nullifying the disastrous agreement, they authorized the execution of a lease deed which was executed on February 23, 1997, by the Land Department of the KMC. However, the Diamond District can still be saved. Neither has the 'The Master Plan' submitted by Dolmen on May 22, 1997, been approved by the KMC, nor has physical possession of the area been handed over to Dolmen. Block 6 is not the only block in the Diamond District that is being savagely desecrated. For reasons that no one can satisfactorily explain, the planning and building control jurisdiction of Blocks 8 and 9 have been handed over to the Clifton Cantonment Board. KDA, the lessor of these areas, maintains that plots 5 and 6 (between 'Yusuf Grand Square' and the PBS petrol pump) in Block 8, on the main Clifton Road, have not been legally and properly converted from residential to commercial plots, but complains that the CCB has approved plans for commercial highrises now being constructed thereon. Booking offices have opened - in Yousuf Grand Square for plot 5, and in the 'CTC Continental Trade Centre' for plot 6. Similarly, residential plot G-7, in Block No. 9 (on the corner of the main Clifton Road at the very busy road junction next to the Do Talwar roundabout) has not been legally commercialized but the CCB has allowed thereon the construction of 'The Plaza', a complex of 150 shops and 130 offices. To the culpable - the developers, manipulators, connivers, abusers of public office, the men of the secretariats, authorities, corporations and trusts - I recommend a reading, particularly of the paragraphs hereunder reproduced, of the judgment delivered by Senior Puisne Judge of the High Court of Sindh Wajihuddin Ahmad in Ehtesab Reference 3/97, The state versus the accused chief minister of Sindh, Abdullah Shah, the accused conniver, Ghulam Mustafa Bozdar, and accused developer, Mohammad Shabir: "Coming now to Point No. 4, having found the guilt of accused Ghulam Mustafa Bozdar not proved beyond all reasonable doubt, he qualifies for acquittal and is accordingly acquitted. Co-accused M. Shabbir has been found to trifle with law at every stage. He seems to have manipulated the KBCA record. He, in addition, ex facie, took recourse to legal proceedings and obtained orders therein, which may not be supportable on general principles applicable to such like matters. To top everything, he made an application (seeing no need to cite his own address) to absconding accused, Syed Abdullah Shah, the then Chief Minister, Sindh, without fully, explicitly or accurately stating the facts. Upon obtaining orders he allegedly, in league with co-accused Syed Abdullah Shah, sought a pecuniary benefit or favour which does not appear to have been permissible under the existing ban. In the process, the disputed structure, which had almost tripled in its dimension, was regularized. It is immaterial whether a formal order of regularization was issued or was not issued. Such order at the highest level was ex facie passed on the record and the ball was set rolling for formalities to follow. As already said, under Section 3(1) (d) of the Ehtesab Ordinance 1996, mere seeking of a pecuniary 'advantage' or 'undue favour' through 'improper means' for self or another is enough to condemn a holder of public office and so also an abettor or beneficiary. He, therefore, committed the offence of abetment in terms of Section 3(1) (d) read with section 4(2) of the Ehtesab Ordinance 1966 and Sections 107 and 108 PPC and must be found guilty. Having been so found, he shall suffer imprisonment for a period of 3 years and pay fine to the tune of Rs 10 million, the default carrying a further term of imprisonment of one year. "As regards accused, Syed Abdullah Shah, the matter, for the present, shall be consigned to record to be re-activated in course of time." DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- The cultural context -------------------------------------------------------------------- Mazdak WHEN Versace, the internationally renowned designer, was gunned down in Miami, he was mourned by millions. At his funeral, the beautiful people of the world gathered to show their affection and admiration for an innovative and controversial designer who had been at the cutting edge of the fashion world for decades. Similarly, when Marcello Mastrioni, the smooth, perennial Italian ladies' man of the silver screen, died a few months ago, thousands of fans filed past his body before his burial to pay their respects and to thank him for the pleasure he had given them for all the years he had graced cinema screens around the world. These are only two recent examples of artistes who made such a strong impression by their talent that they will be remembered long after their passing. In a sense, the level of civilization a society has attained can best be judged by how it treats its artistes, musicians, chefs, writers and actors. By this criterion, we fall far short of any claim to civilization. In his book "The Lotus and the Robot", Arthur Koestler expressed his amazement and disgust over the shabby way an Indian sitar player was treated: throughout his performance at a rich Indian's home, the audience chatted among themselves, paying scarce attention to the performance. The attitude towards even famous musicians is far worse in Pakistan: when a renowned ghazal singer gently admonished the guests for their constant babble while she sang at a wedding, the nouveau riche host publicly reminded her that he was paying her to sing and not to lecture his guests. I am pleased to inform readers that the lout has recently confessed to sundry scams and has coughed up some of his ill-gotten gains. In societies where creativity is respected, it is the talented who are celebrities, while the bureaucrats, politicians and generals are boring but necessary drones. Occasionally, political leaders attain star status because of their personal charisma and style; businessmen, too, sometimes become celebrities, but usually by surrounding themselves by intellectuals and artists, or by sponsoring the arts. In civilised societies, money and power are usually kept in the background, and it is generally considered ill-bred to flaunt either in polite circles. Here, the tendency is to show off wealth and clout in the most vulgar and ostentatious way possible. Thus, "White Houses" and Pajeros proliferate, many of them acquired either through scams or bank loans that disappear into the black hole of the trough our movers and shakers feed out of. According to a story that did the rounds in Lahore years ago, when Dr Abdus Salam was being praised at a dinner party shortly after he had received the Nobel prize for physics, a civil servant's wife snootily asked: "If he's so bright, why couldn't he make it into the civil service?" Indeed, the late lamented physicist's life and death make a powerful metaphor for the level our society has sunk to. Here was one of the foremost minds of our times who was desperate to promote scientific research in his country, but time and again he was snubbed and rejected by the establishment just because he was an Ahmadi. When he died recently, scarcely any well-known public figure attended his funeral. Given the lack of respect and reward we accord creativity, it is no wonder that Pakistan has failed to produce writers, poets, artists and musicians of an international level in the post-independence era. Our "midnight's children" have been a generally intellectually barren generation; the relatively few to shine have done so abroad. It would seem that the very air in Pakistan discourages creativity. In such a stifling environment, is it any surprise that the brightest and the best seek their fortune in distant lands? Quite apart from the numbing effect of excessive religiosity, the questioning mind has to contend with an all-pervasive bureaucracy that has turned Pakistan into a Kafkaesque nightmare. The endless red tape and sleaze an ordinary citizen has to contend with simply to survive sap him of all energy and drive. Anybody who is different, or tries to create something new, is under threat either from the state or one of the many armed gangs running around under one political banner or another. We have reached a stage in our slide backward where conformity and mediocrity are rewarded, and creativity and talent crushed. Against this bleak backdrop - and without even going into the depressing statistics that underline our socio-economic backwardness - it is legitimate to ask whether Pakistan is indeed a failed state. Fifty years after the state's creation, what are the achievements we can boast of? Excellence in a few sports perhaps, but what else? Men like Faiz and Abdus Salam belong to the pre-partition generation, so we can hardly take credit for their lofty attainments. Leaving the higher aspects of civilisation aside, we cannot even provide security to our citizens, education to most of our children, or equality to our women and minorities. Readers may well think that given our huge backlog of unmet needs, my carping about the poverty of the intellect is misplaced. But this is not an either-or situation: societies can strive for both simultaneously. Next door in India, music, dance, drama, literature and cinema are all thriving. OK, so most of the movies are lousy, but it is still a flourishing art form. Here, cinema is virtually moribund as are most of the other arts. And it is not that the economy is doing all that brilliantly either: day after day, newspapers inform us of the precariousness of our existence. Ultimately, successful societies come to terms with historical and geo-political realities, and make the best of their physical and cultural resources. Unfortunately, Pakistan's unending crisis of leadership has made it impossible for us to come to resolve our identity crisis. Weak, insecure leaders have found it politically expedient to cling on to slogans rather than face reality. And the reality is that we are a South Asian nation with a strong affinity to the Indian subcontinent; indeed, Muslims have enriched its culture for a thousand years. We also have strong cultural ties with Iran and Central Asia, apart from drawing upon the Anglo-Saxon tradition through our colonial past. There is an urgent need, especially as we draw close to our fiftieth anniversary as a free nation, to accept and internalize these rich and varied influences, rather than blindly reject them and try and assume a fake Middle Eastern identity. These views may not be popular, but will have to stand as my statement for Pakistan's Golden Jubilee as I depart for a short vacation. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970728 ------------------------------------------------------------------- Unsolved murders ------------------------------------------------------------------- Omar Kureishi THE gunning down of Gianni Versace, the fashion designer on the steps of his opulent Miami Beach palazzo is one more high-profile murder in the United States. And as with all such slayings, it has sent shock waves throughout the world of jet-set celebrities. But even before the police and the FBI can get into the act, the media has pitched its camp and all but taken over. There is saturation coverage and a likely suspect has already been chosen and Andrew Cunanan, a gay party boy, who has been described as a male prostitute was the candidate most likely to have committed the murder. But worse, Cunanan was said to be a serial killer or a spree killer and was suspected of having carried out several other grisly killings. Whether the police and the FBI concur, the media had convicted Cunanan. Now all that was needed was to find him. Has there been a rush to judgment? There is a less sensationalised view that Versace killing may have been a mafia hit. He was shot twice in the head at point-blank range and a dead songbird was left by his side, the calling card of the mafia. But Cunanan had the last say. He shot himself and brought about his own murder. The murder has also brought into focus the gay community in the United States and unwanted attention to a fraternity of rich gay men who are not out of the closet. The murder, in other words, has all the elements of a suspense-thriller and I have not the slightest doubt that movie studios are vying already to get a script together and have the cameras rolling. And I have no doubt that book publishers already had their cheque books out to sign on Andrew Cunanan as soon as he was caught. Celebrity-murder is big business and if Andrew Cuananan had gone to the chair, he would have done so as a rich man. Now others will write books and make money. This is one side, the flip side if you like, of a high-profile murder. The other side is the serious police work that goes into following leads, interviewing witnesses, friends of Versace and Andrew Cunanan, the gathering of forensic evidence, the ballistics tests. In other words, substantial resources were being invested in trying to find the killer. While the media is contributing its customary hysterics, there is also a lot of in-depth investigation by serious television channels and newspapers. And this will make certain that the murder will not be forgotten once the public has got over the shock. The point I am trying to make is that the murders are not solved by rhetoric and tiresome platitudes about iron-hands and investigations on a war-footing. Murders are solved by hard police work provided there is a will to solve them. I mention this because the track-record of nabbing killers of the murders that occur in this country with alarming frequency is not encouraging at all. Is it entirely due to police incompetence or is there some other reason? We had recently the shocking and gruesome murder of Shahid Hamid. It would be interesting to be told what sort of progress has been made in finding not only those who pulled the trigger but also those who may have ordered the killing. The public would like to know and would find it reassuring that the authorities are hard at work, following up every conceivable clue and that progress is being made. The public would like to be given some credible proof of this progress. That is the difference between the Versace killing and the murders that take place in our country. The public in the United States is kept informed, if not by the police, then by the media. The public takes on a watchdog role. The Versace murder took place about two weeks ago and Larry King has already had three programmes on it. Both Time and Newsweek have done cover stories. The same applied to O.J. Simpson and to the Oklahoma City bombing of a government building. Neither the investigative agencies nor the media let go. They kept at it. We have in Karachi daily killings and I wrote in a recent column that they were covered like listings of stocks and shares. These are not high-profile murders but they are murders all the same. We have never been told about the progress that has been made in finding the killers. It could well be that no progress has been made. Is it because these anonymous murders (not being high-profile) are not being investigated? That being considered the outcome of political infighting, there seems no need to waste valuable police time on them? One appreciates that the problems of Karachi are complex but surely if the murders are treated as murders and not as part of the complex Karachi problem, the random killings may be reduced. The Versace murder was also a complicated one and involved glitter and glamour and rich playboys and beautiful people but it was being treated as a murder pure and simple. Everything else was peripheral. This is what our police should be doing. They should focus on the murder and who the likely killer or killers could be. If there are political complications, it should be none of their business. Good police work means a lot of slogging, of leg-work, of tracking down information and acting on it. In other words, solid detective work. It would be interesting to know how many unsolved murders are on the files and how many have been solved and the criminals suitably prosecuted. What would the ledger show? No one doubted that killer of Versace would be found. It may have taken days or months or years. But the killer would have been found. I wish I could say the same for our daily murders. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970727 ------------------------------------------------------------------- Killing by any other name ------------------------------------------------------------------- Aziz Siddiqui AT A time when life never seemed so cheap, when even fun consists in a bunch of senior air force recruits ragging a number of freshmen to the point of their certain extinguishment - at such a time it will sound odd to ask that the government for its own part opt out of blood sport. The point, however, has to continue to be made. The state should not kill - even on occasions when it does it legally. The plea finds graphic endorsement in a case that came to a head last week. One Maqsud Ahmad had been arrested in mid-1989 on a murder charge and was eventually sentenced to death. His appeal was rejected by the Supreme Court; so was his mercy petition by the president. While he was awaiting his turn on the gallows it was found that the murder he was going to hang for was included in a confession of crimes made by two other persons, Munna and Pappi, who had been arrested about that time in some other case. The SP concerned informed the court about this and soon a writ petition was also filed. But nothing came out of these. The date of Maqsud's execution was fixed for last July 23, the black warrant was issued, the relatives were given time for their last meeting and then for their receiving the dead body. A couple of Lahore newspapers meanwhile splashed the imminence of the execution and also the possibility that the convict was innocent. The relative then sent out a last minute appeal to the chief justice of the Supreme Court, who then, just 24 hours ahead of Maqsud's mounting the board, stayed the event and set up a review bench. In another incident, Shamim Masih and Javed Masih of Hyderabad too were due to hang about the same time. But hours before the zero point the word came that they had been given a month's reprieve. It seems that a remark they had made, that it was ironical that they were being put to death when the country was preparing to celebrate its golden jubilee, has touched a responsive chord in the president. But is another month of life beset with death-angst any cause for rejoicing? Reverting to Maqsud Ahmad, if it transpires that there had indeed been miscarriage of justice in his case this would not be peculiar to Pakistan. It is known to happen now and then in all criminal investigation and legal systems around the world, even those that are far thorougher and more meticulous and incorruptible. The episodes of the so-called Guildford Four and the Birmingham Six of Britain are of recent memory. In Japan when the Supreme Court relaxed the conditions for retrial of convicts in 1975 there were soon a number of cases in which persons sentenced to death were judged not to have been guilty at all. The peculiarity in our conditions is that while people with resources are able to play around with the loopholes in the system and then get away even with murder, others like Maqsud who cannot afford even a lawyer of their own are unable to put up a proper defence. The police, being what it is, is prone to mislead the courts when that suits its purpose and it even sometimes succeeds in its object. It was only by a combination of accidents that Maqsud got his respite and will, if he is after all judged to be innocent, get a second life. If S.P. Mubashar had not kept publicly reiterating the testimony given to him by Munna and Pappi, if a policeman had not felt persuaded late in the day to endorse Maqsud's plea that the latter was indeed in his custody in Masti thana on the day the murder had occurred, and if certain papers had not seen in all this sufficient potential for public interest and for their being able to claim some credit afterwards, Maqsud would long have been gathered to the dust without having been heard of outside of the circle of his family. This could well have happened. If it doesn't touch them, people do not exert themselves against the current even if they know better. Who knows then how many others who went down protesting their innocence were really untruthful? Which judge when he sends a person to the gallows can put hand on heart and say he is absolutely,infallibly certain of the man's guilt? If the requirement of 'beyond a reasonable doubt' still leaves a wee room for uncertainty - as it always must - why go for the ultimate, the irreversible ending? There are other arguments too. If humans do not have the power to give life how can they assume the prerogative of taking it? If a criminal is condemned for doing that how can the public executioner be applauded for it? Regardless of who kills and who is killed, the fact of fundamental importance is the same in both cases: the taking of a human life. And if the law permits this to itself, how can it in conscience teach respect for human life to the people? It is argued that violence among the public compels violence by the state. The experience in fact is that the converse is often more true: the more permissible violence is at the state level the more it breeds that among the common populace. It is recognised for instance that armed violence got an extraordinary impetus during and following Ziaul Haq's years. This happened not just because of the great facilitation of the availability of weapons. Much more than that, the air was so full during all those years with authorised, even glorified, mayhem that it gave common currency, a sort of routineness, a more or less general acceptability to violence. People, or substantial sections of them, were in short brutalised without knowing it. There is no denying the revulsion one feels against the perpetrators of heinous crimes - against the sectarian mosque and street killers of Punjab, the corpse-baggers and mafia hounds of Karachi, and the rapists, kidnappers and drug-peddlers up and down the country. The desire to have them hunted down and then torn apart is altogether natural. But this is an expression of boundless anger, of an overpowering impulse for revenge - which although all too human are nevertheless not the most positive of human instincts. What does that response avail? It does not undo the damage. On all evidence it does nothing even to deter such damage in future. Careful comparisons have been made of countries which have abolished the death penalty (58 of them have so far done it totally and 42 others virtually) and those who have not; comparisons also of the situations within the same country before and after it did away with capital punishment. These studies have nearly demolished the myth of deterrence. Killing criminals did not diminish crime nor killing increased it. In our own case, Karachi counted more than 700 killed during 1995 and upwards of 300 in 1996, both high enough figures, and the drop between one year and the next as everyone knows was due to other reasons than any impact the death penalty might all of a sudden have created. If Karachi's case was peculiar, take Lahore. As many as 459 persons were killed here in 1995. Worse still, the murder rate here has risen faster than the rate of the city's population growth. What price deterrence than? Those committing serious crime, or determined by law to be so doing, should of course be put in a position not to be able to repeat their act and also, if possible, to learn to become better human beings. Doing anything worse is likely to do more damage than good all round. One damage it does is to salve the social conscience: a crime is committed, the criminal is liquidated and the law is vindicated, end of story. The story in fact does not end there. The crime itself lives on. The society meanwhile saves itself from facing up to its own guilt, its contribution to the making of the criminal. It dodges sufficient recognition of the factors that give birth to crime and cause it to thrive - factors such as unemployment and social inequality; lack of education and poor housing; sense of political wrongs and weakening of formal and informal means of social control; involvement of powerful interests in drugs and arms trade, and crime at the common level being in some part only a trickle-down effect of concentration of criminality higher up. Dostoevsky, who was himself once condemned to death and was saved at the last moment by an amnesty that commuted his sentence, reflected deeply on crime and punishment. The death penalty, he wrote profoundly, insults the soul. True, it does coarser things too, as cases like Maqsud's, Shamim and Javed Masih's among others' show. It cheats society. And it soaks in effect to rival divinity.

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SPORTS

970728 ------------------------------------------------------------------- Pakistan's disappointing show in Asia Cup ------------------------------------------------------------------- Lateef Jafri A disappointed Pakistan cricket team has flown back home from Colombo with another vain attempt at success in the Asia Cup. Sadly the conglomerate, sans some leading bowlers busy in fulfilling their commitments at the English counties, could not break the jinx of a purely regional competition. Pakistan has not been able to clinch the honours of a tournament launched on the initiative of former cricket supremo of the country, Air Marshal (Retd) Nur Khan, way back in April 1984. The cup was approved and donated by the Air Marshal as was the Champions Trophy of hockey, a contest limited to the elitist group of the game. The cricket tournament was to assess the strength and weaknesses of the South Asian nations. In no time the Air Marshal got the endorsement of the three South Asian nations, the original participants. Sharjah was the agreed neutral venue for the inaugural competition. The matches were enjoyed by the fervour of the Sharjah Stadium as cricket has always given delight to the crowds in the sheikhdom. The gruelling first tournament ended with the cup in the lap of India and Gavaskar returned triumphant, enjoying luck at a place where India's record is far from impressive. Pakistan, led by Zaheer Abbas, was beaten both by Sri Lanka and India. The Indians have been the champions four times with a hat-trick of success from 1988. Pakistan had a golden chance of lifting the cup in 1986, when India had refused to play in Sri Lanka with relations between the two countries having gone from bad to worse. Pakistan started quite strongly with a smashing victory in the league round over Sri Lanka. However, with Imran Khan unable to bowl the Lankans turned the tables on Pakistan in the final and cruised home rather comfortably with a five-wicket victory. Even in the fifth edition of the tournament at Sharjah, Pakistan's entry in the final was blocked by Sri Lanka who beat them by five wickets in a low-scoring match. The cup was bagged by India who were the winners for the third time in a row. The followers of the game have the right to ask when Pakistan will be able to come out winners in a contest, competed by four South Asian cricket-playing nations, one of which qualified for the tournament via the ACC Trophy and at the annual meeting of ICC at Lord's got permission to participate in international one-dayers. Colombo organised the sixth edition of the Asia Cup in which Pakistan's overall record is disappointing, even at their happy hunting ground of Sharjah. Certainly the officials, who went with the squad as guide, and those present at the cricket headquarters in the country, would blame the weather for their stumble in Colombo. But was not the rain and poor ground conditions a handicap for all the combatants in the tournaments? Did not the rain come to the rescue of Pakistan in the key match against arch-rivals, India. The Indian seamers, Kuruvilla and Prasad, especially the latter, exploited the breeze with splendid work; vicious swinging pace humbled Pakistan with a score of 30 for 5. Could Pakistan have saved themselves from the ignominy of defeat? Thunderstorm forced the fixture to be abandoned and shifted to the next day. A waterlogged outfield did not allow the match to be replayed. The elements came in the way of the team's effort; it was no-result. The supporters of Pakistan heaved a sigh of relief. Did the batting in the competition click, ask the fans? No is the reply. Only 239 were required against Sri Lanka. It was attainable. But apart from Salim Malik who hit a well-planned 57 and Inzamamul Haq's brisk 48, Jayasuriya's spin harassed the other batsmen, though generally it was a team effort by the Sri Lankan bowlers. Aamir Sohail was sadly out of touch and out of form. A batsman, who was kept out of competitive cricket for six months, appeared to be shaky instead of being a powerful hitter of the ball as before. An early breakthrough, especially the fall of Sohail, heartened the rival team. But, why the captain, Ramiz Raja, himself an opener, did not play his specialised role? His supporters may point out the captain's slogging against a weak Bangladesh attack. He should have exhibited gutsy strokes against Sri Lanka, when, quick runs were required. Did Ramiz Raja lead the team well? Were his field placing and bowling changes error-free? Can his batting in a one-dayer be passed by the keen observers of the game? These are the questions to be answered by the cricket officials, the selectors, the coach and the manager. Sri Lanka won the Asia Cup in an authoritative way. Their confidence has gone sky-high after the island's success in the World Cup, an accolade sought after by all cricket- playing nations. India was almost crushed. The Sri Lankans, starting their batting in an unruffled way, put to sword the Indian bowling- Prasad or no Prasad. The run-rate was never below seven. It later crossed nine as they reached 100 without loss in just 11 overs. Their openers cracked the ball with blinding pace. Later the Lankans slightly slowed but romped home with the loss of only two wickets. However, Sri Lanka's victory over India in the league match was quite laudable. They had lost the key wickets of Jayasuriya and De Silva and yet they recorded victory. Captain Ranatunga led from the front to hit what was a well-planned century. He steered his side to a six-wicket triumph. They had an unblemished record in the competition and once again exhibited their advance in international cricket. In the final it was Ranatunga again who demonstrated forcing shots to hit an unbeaten 62. He deservingly got man of the series award. The Indians, though lost, must be happy that Azharuddin has run into form. In the Asia Cup matches he displayed enchanting shots with stylish touch. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970729 ------------------------------------------------------------------- The elements let us down: Zaheer Abbas ------------------------------------------------------------------- Walter Fernandez KARACHI, July 28: The Pakistan cricket team returned home in the wee hours of Monday morning from Sri Lanka after their ill-fated campaign in the fifth Asia Cup Cricket Tournament which concluded at Colombo on Saturday. Host Sri Lanka won the cup after devastating the defending champions India. Pakistan finished third in the four-team tournament with minnows Bangladesh anchored at the rock bottom. A clutch of 12 players along with Team Manager Zaheer Abbas and Coach Haroon Rashid arrived in the city. Soon after, the outstation players caught connecting flights for their respective hometowns. But both Saqlain Mushtaq and Hassan Raza, who are currently engaged as professionals in England, did not accompany the Pakistan squad as they left for London directly from Colombo. Team Manager Zaheer Abbas, one of the most stylish batsmen the game has produced, told `Dawn' here today: "We all are extremely disappointed that we were eliminated from the final without being able to lay our hands on bat or ball." With our fate hanging in the balance on the last round robin match between India and Sri Lanka, all we were left to do was to watch that crucial game on television in our rooms with a calculator in hand. But in the end it proved to be futile," added the great former Pakistan captain. "But by far,we had a superior run-rate than India after we had played both Sri Lanka in the opener and then Bangladesh. So India had to score over 300 runs against Bangladesh if they batted first in a complete 50-over game," added Zaheer Abbas, the man who in his prime was nicknamed the Asian Bradman. "The margin for defeat for India was 120 runs in an innings that consumed the full quota of overs. Although, Bangladesh batted well against India, they could not score enough runs and when the rain intervened, India were left to get that modest score in only 20 overs. By every reckoning, that kissed our chances goodbye," explained the one time destroyer of India's famed spinning quartet. "But then you see, the final turned out to be a hopelessly lopsided contest. People at the ground came up to me and said it would have been a much better final had Pakistan been playing," said Zaheer Abbas. "You see, we did not do all that badly against Sri Lanka in the very first match which we lost by only 15 runs. Still, I felt we should have won that match had our set batsmen stayed a while longer. If that had happened it would have been a completely different ball game," opined the dashing former Pakistan number three batsman. "On the first day against India we played on a two-bounce wicket which was also wet and grassy. As such, we lost half our side for 30-odd runs. But come to think of it, had we got about 90 runs in the match and had it not been rained off, we could had won it," explained the Team manager. "It was a peculiar wicket at the SSG which was not at all fit for a one-day match. Besides being double-bounced, the wicket's characteristics were really abnormal. The ball seamed in a quaint fashion. At times, it kept stopping and dropping. Then at times it would simply keep flying from the good length spot," stated Zaheer Abbas. "And when the match was washed out again on the second day, we all felt that the elements had let us down, which we had no control on,' said the former Pakistan Captain. "I would like to extend my wholehearted congratulations to all the players. They were a highly disciplined lot and I had no cause for complain," added the Team manager. "When we used to dine together at eight in the evening on the eve of the matches. That session use to double up as a team meeting where everyone was allowed to chip in with his lot," concluded the Team Manager. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- Malaysia, Bangladesh to play in One-day Cup -------------------------------------------------------------------- Samiul Hasan KARACHI, Aug 1: In a surprise move, the Pakistan Cricket Board (PCB) has included International Cricket Council (ICC) champions Bangladesh and Malaysia in the National One-day Championship to be played between March 20 and April 12 next year. Malaysia will be making its first-ever visit to Pakistan and it is believed that Sadiq Mohammad, who is the coach of the team, has played a leading role in arranging the trip. On the contrary, Bangladesh appeared in the National One-day Cup last season and despite failing to win a match here, went on to beat Kenya in the ICC Trophy final at Kuala Lumpur to qualify for the 1999 World Cup. In the 1995-96 season, United Arab Emirates had taken part in the most prestigious event of the domestic circuit. UAE, who came here with an objective to prepare for the sixth World Cup, however, failed a win match in both the tournaments. Majid Khan, the PCB boss, said Malaysia wanted to train for the Common Wealth Games which it will be hosting next year. "They made a formal request and we accepted. "As far as Bangladesh is concerned, they also wanted to play in the National One-day Cup and their request was also accepted." Unlike the previous two events when UAE and Bangladesh were included in the second round, Malaysia and Bangladesh, this time, have been drawn in the initial rounds. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- Bangladesh to host Asia Cup in 1999 -------------------------------------------------------------------- Sports Reporter KARACHI, Aug 1: Bangladesh will host the seventh edition of the Asia Cup in 1999, Chief Executive of the Pakistan Cricket Board (PCB), Majid Khan, said on Friday. The PCB supremo stated that Bangladesh has been awarded the tournament on the basis of rotation. "Pakistan will stage the event when it will be its turn." According to rota-basis, Pakistan's turn will now come in 2003 as 2001 is the turn of India. Pakistan, one of the founder members of the ACC, was to host the event in 1993 but the tournament was cancelled because the then authorities feared huge revenue losses after India had withdrawn in protest after Pakistan had called off its two previous visits across the border. Bangladesh staged the event in 1988 which was won by India. Majid Khan stated that various things were to be finalised including the number of competing teams as well as the itinerary. "Those will be decided in the annual ACC meeting." DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS* 970802 -------------------------------------------------------------------- Afridi was warned and fined in Sri Lanka -------------------------------------------------------------------- Sports Reporter KARACHI, Aug 1: Shahid Khan Afridi was warned and fined by the Pakistan cricket team's tour disciplinary committee during last month's visit to Sri Lanka for the Asia Cup for breaching the Code of Conduct on two different occasions. The 16-year-old sensation was first warned for missing a training session and then was later fined US $ 200 (Rs 8,274) for changing rooms. The disciplinary committee comprised Salim Malik (chairman), Saeed Anwar and Moin Khan (members). The tour disciplinary committee has submitted its report to the management which is expected to forward it to the PCB along with its own report. Shahid Afridi is presently the centre of attraction on the off-the-field activities, including allegedly playing mischief with three girls on the Air Lanka flight from Colombo to Karachi last Monday morning. According to information gathered by this correspondent, the tour disciplinary committee took serious note of Afridi's decision to skip the training session before the match against Sri Lanka and that too without informing the team management. As far as the incident on the flight is concerned, sources say six cricketers viz Kabir Khan, Arshad Khan, Shahid Nazir, Mohammad Husain, Aqib Javed and Shahid Afridi, were seated in the back of the plane and close to each other. Afridi reportedly taunted the three girls seated ahead of them. The brother of those girls retaliated and challenged Afridi before the two were separated by Salim Malik and a couple of junior cricketers including Kabir Khan and Shahid Nazir. The cricket manager of the national team, Haroon Rasheed, stated that he didn't observe anything unusual during the flight and only came to know that something did happen during the arrival lounge at the Quaid-i-Azam International Airport. "It was a packed flight with tight security because former Prime Minister Benazir Bhutto was also in it. During the three-hours flight, refreshments and dinner were served and I don't think there was enough time left for the alleged mischief as being reported in the national dailies." Haroon's point was that if anything unfortunate had happened, the cabin crew would have reported the matter to him or Zaheer Abbas or the officials of the Pakistan Cricket Board (PCB) sitting in the club class. Back to the top.

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