-------------------------------------------------------------------

DAWN WIRE SERVICE

------------------------------------------------------------------- Week Ending : 16 January 1997 Issue : 03/03 -------------------------------------------------------------------

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

===================================================================

NATIONAL NEWS

SC rejects Benazir's request for full court SC upholds Eighth Amendment President seeking army help, SC told Edhi not happy over decline in donations CDNS to formalise president's role: Shahid Govt authority to set up CDNS questioned CDNS challenged in LHC PPP wants Leghari's accountability SC decides to merge pleas on NA dissolution SC begins hearing in contempt case Assurance by PM to IMF: SC to issue notice to AG Murder case registered in gas disaster LHC vacates stay order against promotions Wounded were told by police to stay put Spot memo was not prepared on the spot Blood samples were sent to lab on Oct. 21, IO testifies ---------------------------------

BUSINESS & ECONOMY

IMF to release $80m before 18th US firm gets PTC satellite contract Phone exchange makers hit hard by smuggling Concern over foreign firms' monopoly on air cargo Energy prices raised to boost official revenues Heavy discounting in money market KSE index breaches 1,400 points psychological barrier ---------------------------------------

EDITORIALS & FEATURES

Ehtesab or Intekhab?  5 Ardeshir Cowasjee The anatomy of violence Editorial Column Smuggling of human beings Omar Kureishi CDNS: a supra-cabinet Abbas Rashid -----------

SPORTS

Pakistan's 8-wicket victory over West Indies Jansher slams Olympic failure of 'white officials' Jansher raps PSA's 1-month ban on him

=================================================================== 
DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 
=================================================================== 

NATIONAL NEWS

970114 ------------------------------------------------------------------- SC rejects Benazir's request for full court ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 13: The Supreme Court refused former prime minister Benazir Bhutto's request to form a full court to hear her petition against the dissolution of the assembly or expunge insinuations made by President Farooq Leghari against Ms Bhutto from his reply filed in the court. "This (court) forum has been used (by the president) to slander me," Bhutto's attorney Aitzaz Ahsan told the seven-member bench when it resumed the hearing of Bhutto's petition after two months of its filing. Strongly agitating against the language used by President Leghari against Ms Bhutto, Aitzaz said while the apex court had expunged all innocuous parts of Bhutto's petition, it took no notice of the "indecent" language used by the president in his reply. He also pleaded the court to form a full court to hear Benazir Bhutto's petition as had been the past practise. He said from Maulvi Tamizuddin to Mian Nawaz Sharif case all politically important cases had been heard by full courts. But the Chief Justice did not agree to form a full court saying it would affect other litigants. Aitzaz Ahsan told the court that the case was being taken up exactly two months after it was filed on November 13. On the contrary, he said, Nawaz Sharif case was decided in 37 days. He mentioned that cases having political implications like the Political Parties Act case, Election Symbol case or the case involving the question of identity card for elections were all heard by full courts. Similarly, he added, Dosso, Asma Jilani, Nusrat Bhutto, Haji Saifullah, Khawaja Tariq Rahim and Mian Nawaz Sharif cases were all heard by full courts. Chief Justice Sajjad Ali Shah said it was his prerogative to decide about the size of the bench. He asked Aitzaz Ahsan to make a written request to the court for formation of a full court. "Your request can be accepted or rejected," the Chief Justice said adding that he had also to look after the administration of the entire court. Aitzaz said the formation of a full court was necessary because firstly there was very limited time to decide the issue and secondly the other side might seek review of the judgements passed earlier by the full courts in Nawaz Sharif or any other case. He said from the position taken by his rival Khalid Anwar, advocate, it appears that the other side would seek a review of the earlier decision. "Today a full court should sit and decided the issue once and for all," he said. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970113 ------------------------------------------------------------------- SC upholds Eighth Amendment ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 12: The Supreme Court held that the Eighth Amendment was a valid part of the Constitution and Article 58(2)b, giving power to the president to dissolve the National Assembly, was a deterrent to the imposition of martial law in the country. The seven-member bench of the Supreme Court, headed by Chief Justice Sajjad Ali Shah, dismissed the petitions of Mehmood Khan Achakzai and of five others challenging the validity of the Eighth Amendment. The Eighth Amendment was challenged on the ground that the National Assembly, which had passed it under coercion, was in fact not a valid amendment. The court was asked to strike down the amendment on the basis of Nusrat Bhutto case in which the Supreme Court had authorised the chief martial law administrator to make laws to the extent of making arrangements for holding elections. In its short order, the court held that "what it is the basic structure of the Constitution is a question of academic nature which cannot be answered authoritatively with a touch of finality but it can be said that the prominent characteristics of the Constitution are amply reflected in the Objectives Resolution which is now a substantive part of the Constitution as Article 2-A inserted by the 8th Amendment. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970115 ------------------------------------------------------------------- President seeking army help, SC told ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 14: Chaudhry Aitzaz Ahsan said on Tuesday President Farooq Leghari had been isolated after the dissolution of the National Assembly and that the formation of the Council for Defence and National Security was aimed at seeking army's support for himself. Mr Ahsan, who is representing Benazir Bhutto in the Supreme Court, made these observations on the second day of hearing of her petition challenging the dissolution of the assembly. The court heard Mr Ahsan only for 95 minutes as earlier the chief justice had called him and Khalid Anwar and the attorney- general to his chamber to discuss the "procedure" for carrying out the hearing. Mr Ahsan told the bench that Article 58(2)b could only be invoked in a situation similar to the 1977 scenario. He read out a paragraph from the Supreme Court judgment in the Nusrat Bhutto case, in which it was stated that the situation in 1977 had gone out of control to such an extent that Zulfikar Ali Bhutto had to seek army's support and the Chairman, Joint Chiefs of Staff Committee, and all the three services chiefs had to issue statements to show their loyalty to the elected government "This could be equated to a similar situation prevailing today when the President is isolated and has to use the Council for Defence and National Security as crutches," Mr Ahsan said. He said Article 58(2)b had been included in the Constitution only to avert a situation similar to that in 1977. He also quoted the National Assembly proceedings at the time of the passage of this article, to establish his point. Mr Ahsan said that even a full Supreme Court, in the Haji Saifullah case had taken note of the speeches made in the National Assembly and declared that the intention was to exercise this power only when the government machinery broke down completely. Mr Ahsan said that on the contrary, there was no deadlock or stalemate and neither there was a 1977-like situation in the country when the president dissolved the assembly." On the contrary, we had called back the army from Karachi," he asserted. He said one or two judgements of the court against the government were not enough to dismiss the government. The chief justice asked him whether it could be said that the president could dissolve the assembly after making an objective assessment of the entire situation and that assessment could then come under judicial scrutiny. Mr Ahsan said this power, according to the former law minister's statement in the National Assembly at the time of the passage of Article 58(2)b, could only be exercised in a situation similar to that in 1977. "You can say that since this article was not available , the Supreme Court had legitimised the martial law," the chief Justice said. Mr Ahsan said: "In the Saifullah case, the Supreme Court had held that this power could be invoked only in a situation similar to that in 1977. So we have to see what kind of situation was prevailing at that time i.e. in 1977." He recalled that at that time disturbances were beyond the control of the authorities; there were allegations of large-scale rigging; educational institutions and government offices had been closed and though many cities had been placed under martial law, the insurgency continued. He said: "In this situation the government machinery cannot run in accordance with the Constitution; whereas in our case, we had called back the army from Karachi." He said that in the Saifullah case the court had said that the power to dissolve the assembly could be exercised only when there was a civil war. Earlier, Mr Ahsan gave arguments for impleading the president and said the immunity granted to him by the Constitution was not applicable to this case. He said Khalid Anwar had taken a position that the president could not be impleaded in the case whereas the president was a party to the Nawaz Sharif case. Mr Anwar, replying to this point, informed the court that he had requested it to implead the president during the hearing of Nawaz Sharif case but the court had said the question of merit and maintainability would be discussed together. Earlier, when the court resumed hearing, the petitioner's counsel also opposed the request of the Mohajir Qaumi Movement for making it a party to the case. Since MQM's counsel Farooq Hasan was not present in the court, the matter was deferred. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970115 ------------------------------------------------------------------- Edhi not happy over decline in donations ------------------------------------------------------------------- Nafisa Hoodbhoy KARACHI, Jan 14: The onset of the holy month of Ramazan has become a test of popularity for veteran social worker Abdus Sattar Edhi whose Edhi Trust suffered a decline of 40 percent in donations last Ramazan and whose daily receipts have fallen in the same proportion over the last couple of years. Mr Edhi told Dawn that although cheques for Zakat, clothes and rations had begun to arrive at his head office in Mithadar since Ramazan began on Jan 11, by the 20th of Ramazan he would have a better idea whether donations fetched during the holy month would match up to the funds normally brought in each Ramazan. Interviewed at his humble Mithadar office, Mr Edhi related that last Ramazan the contributions to the Edhi Trust fell from Rs 40 million to 25 million - with his charitable organisation still not recovered from the set-back. This year, he assessed the situation to have become bad enough to defer the payment of staff salaries till after Ramazan. However, apart from Ramazan, Mr Edhi has suffered loss of 'khairat' (charity) normally given by the middle class and business class, with donations falling from an average daily of Rs 700,000 to Rs 400,000. The sharp decline in donations coupled with the severe fall in the value of the rupee has, according to him, forced him to cut down his network of social services across the country. The experienced social worker said there was a "very small class" that donates to the Edhi Trust. With everything so expensive, they too had been holding back on donations. Mr Edhi traced the downslide for his Trust as beginning in January 1995 when he returned from a month-long exile in London, undertaken to escape the pressure groups who had been bent on overthrowing the government. He had secretly left on Dec. 8, 1994 to escape the groups (amongst whose leaders he had named Imran Khan and Maulana Israr Ahmed), to prevent them from using him to topple the government. The veteran social worker said that since the PPP government had been in power at that stage, his departure had created the wrong impression that he was a supporter of the PPP. This was despite his categorical assertion that "I am not a politician". Mr Edhi declared that he had temporarily fled because he could never collaborate with the vested interests who were dividing people on the basis of being Sindhi, Baloch, Mohajir and Pakhtun. During the ethnic riots, he stressed, his ambulances had been picking up bodies regardless of ethnicity. Despite this, he alleged that "narrow-minded people had been spreading the poison of ethnic differences". He was also critical of the Jamaat-i-Islami, claiming that the latter was intent on "bringing the nation to the brink of disaster". For him, "The only religion I know is that of serving humanity". Two years from Edhi's self-exile, the Edhi Trust is in the throes of a financial set-back, Edhi claiming he is being "punished for speaking out". He regretted that on its 50th anniversary this year, Pakistan was still far from its goal of achieving unity and the mission elaborated by the Quaid-i-Azam for a comprehensive social welfare system. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970110 ------------------------------------------------------------------- CDNS to formalise president's role: Shahid ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 9: Defence Minister Shahid Hamid said that the Council for Defence and National Security (CDNS) has been constituted to formalise the role of the president in the affairs of state. Explaining the reasons for the formation of the CDNS, he said the Council would formalise the working arrangement between the president and the prime minister and other senior state functionaries. "This is the fact of life known to all that the president has informally been participating in the matters about Kashmir, national security, intelligence agencies, sensitive and vital economic issues." he said. The "informal arrangement" that were there during the last ten years did not work and created "misunderstandings, friction's and disagreements," he added. The Council, he said would bring together on regular basis the president, the prime minister, the senior ministers and the senior most commanders of the armed forces to thrash out views on the matters relating to national security, develop a consensus and tender advise to the sitting government. Asserting the role of the president, he quoted a recent judgment of the SC in the appointment of judges case. The court, he said had observed that after the 8th Amendment the basic character of the Constitution had been changed. "The basic character of the Constitution is now a mix. It is not presidential, it was never meant to be. It is not totally parliamentary, as it was intended," he cited from the judgment. e further said that it was essential for the parliamentary system and political stability that both the prime minister and president should work in tandem. The Council would ensure the protection and the continuation of the steps taken by the caretaker government to arrest the economic decline and to set the country on the road to economic recovery, he added. Brushing aside the criticism that the Council would involve the armed forces in the politics, he said they were neutral. However, he said that they were rightly concerned about the economic health of the country as they consume 26 percent of the budget and 6 percent of the GDP. He also rejected the views that the CDNS was a supra- constitutional body. He said it has been formed under articles 90 and 99 of the Constitution which empower the president to lay the rules of business for the running of the Federation. Mr. Hamid refuted reports that the caretaker cabinet was divided over the issue of formation of the Council. "Not a single dissenting voice was heard," he said adding that the proposal was approved with absolute consensus. He repeatedly said that the Council has no executive role and it was only an advisory body. Replying to a question, he said Defence Committee of the Cabinet would continue to function. Regarding a question about the defence budget, he said the present government was not considering any cut in the defence budget given the 'current security threat.' About the recent meeting of the CDNS, he said it did not consider any proposal with regard to the postponement of the election or imposing financial emergency in the country. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- Govt authority to set up CDNS questioned ------------------------------------------------------------------- Staff Correspondent HYDERABAD, Jan 11: The Director of Human Rights Commission of Pakistan (HRCP) I.A. Rehman has severely criticised the constitution of the Council for Defence and National Security (CDNS) and said that the caretaker government under no circumstances had the right to set up such a body. Mr Rehman was of the opinion that even the elected government had no right to impose non-elected people over the elected institutions. He said previously even the price of a post card could not be increased without the approval of the parliament but now the tariff of gas, electricity and petrol had been increased without the sanction of parliament. The HRCP director said "The real fight is over the distribution of the looted wealth of the country while no one is interested in the welfare of the people," he observed. Defending the role of the genuine non-governmental organisations, he said the NGOs were not at all interested in taking over the responsibilities of the government. In spite of the fact that HRCP was a non-political organisation, yet it was doing its best to ameliorate the lot of the people as best as it could, he remarked. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970113 ------------------------------------------------------------------- CDNS challenged in LHC ------------------------------------------------------------------- LAHORE, Jan 12: A division bench of the Lahore High Court comprising LHC chief justice has issued notice to the State for Jan 15 on a constitutional petition challenging the formation of Council for Defence and National Security (CDNS). The petition filed by Tanveer Ahmad Qureshi, advocate, prayed the court to declare the setting up of the CDNS as unconstitutional. He submitted that the president by setting up the CDNS has "destroyed the basic structure of the Constitution of the Islamic Republic of Pakistan". The petitioner submitted that the president had no authority under the law to legislate any other act or pass an order in the absence of permanent Parliament. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- PPP wants Leghari's accountability ------------------------------------------------------------------- Staff Reporter KARACHI, Jan 11: Claiming it to be a bid to obtain a litmus test of the newly formed Council for Defence and National Security two PPP Senators from Sindh have written to one of its member, Chairman, Joint Chiefs of Staff Committee (CJCSC), to prevail upon the President to submit himself for accountability. The text of the letter, addressed to Air Marshall Farooq Feroz Khan by Senators Taj Haider and Imdad Awan, was released by Bilawal House. Recalling official claims that the CDNS also wanted accountability, the PPP Senators wanted the President to face accountability in respect of written-off loans in D. G. Khan Woollen Textile Mills, loans to defaulters Jaffer Leghari (President's cousin) and Jamal Leghari( his son) on November 7, 1996, two days after the National Assembly dissolution. Senators Haider and Awan claim these loans were advanced under Prudential regulations in violation of the PDF government's directive not to give funds to defaulters. They also want the President to face accountability for alleged abuse of power in getting back 35,000 acres of family land surrendered in land reforms of the 1970s, spending Rs 220 million (22 crore) from contingency funds in six months, for the alleged role of his brother-in-law, Zubair, in trying to sell BCCI Pak (now part of Habib Bank) to a Gulf group in which he is a partner. The Senators also want the President to face the process for his alleged role in trying to influence the sale of UBL to Basharahill, misuse of Rs 6.5 million on his house at Choti from official funds and misuse of official fuel to the tune of Rs 2.5M -3m per shikar (sports hunting) undertaken by the President. In their letter the PPP Senators have stated that as long as President Leghari is in the office "it is impossible that there will be any free, fair and impartial elections in February." They alleged that everyday the President's and the caretaker Prime Minister's campaign against the PPP and their statements were full of false and malicious criticism of the party and the government which they conspired to overthrow. "This propaganda against one particular party does not serve the cause of free, fair and impartial elections and the President' and the Prime Minister's bias and prejudice is more than obvious," said the PPP Senators. In this context, they recalled the statements of the caretaker Prime Minister in which "he has falsely alleged that a phone call was made to the IMF in Washington, requesting the Agency not to release the next tranche of funds to Pakistan." In this context, they also referred to the caretaker Prime Minister's reported statement that his finance adviser had made such an assurance to the IMF that the PDF government would not be restored. Despite the PPP's claim, the adviser on finance to the caretaker Prime Minister has denied he ever made such a commitment. The letter, copy of which has also been marked to the Chief Election Commissioner, chief Justices of the high courts of Punjab, Sindh, NWFP and Balochistan, COAS, CNS and CAS, the PPP Senators have also taken exception to the alleged character assassination on the official media in violation of the ruling of the superior courts. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- SC decides to merge pleas on NA dissolution ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 11: The Supreme Court announced to club the three petitions challenging the dissolution of the National Assembly by the president on November 5,1996, and held that the question of maintainability and merits of these petitions would be decided together. In all the three petitions the question of maintainability and merits would be decided together as was decided in Mian Nawaz Sharif case in 1993 by the Supreme Court. The court gave three reasons for clubbing the petitions of Speaker Yousaf Raza Gilani, deposed prime minister Ms Benazir Bhutto and Mehmood Khan Achakzai. The reasons are : "Firstly, that the main order impugned in all these three petitions, i.e.C.P.59/96, C.P 59/96 and C.P 60/96 is the order of dissolution dated 5.11.1996 which is very important and adjudication of which would decide the fate of these three petitions. "Secondly, election schedule has been announced and we are running out of time. In the meantime this court couldn't function because of winter vacations from December 24, 1996 to January 6, 1997. "Thirdly, since all these three petitions are to be heard together in which the impugned order of dissolution is common and benefit of hearing on the question of maintainability along with merits is allowed by this court in Nawaz Sharif's case, hence it would be in the interest of justice and would also be proper because of paucity of time that we hear all these petitions together, and question of maintainability will be taken up for hearing along side merits to be decided at the conclusion of the proceedings." DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- SC begins hearing in contempt case ------------------------------------------------------------------- Staff Correspondent ISLAMABAD, Jan 11: The Supreme Court started preliminary inquiry on a contempt petition filed by Benazir Bhutto alleging that the caretaker prime minister and his adviser on finance had assured the IMF that the Supreme Court would not restore the dissolved National Assembly. Two PPP senators and two journalists appeared before the chief justice in his chamber on Saturday and recorded their statements. The court had issued notice to Senators Taj Haider and Imdad Awan of PPP and two reporters, Chaudhry Mohammed Ilyas of Jang and Altaf Hussain of The Nation. Mr Haider told Chief Justice Sajjad Ali Shah that about 20 people were present in the Senate Committee Room when Shahid Javed Burki, the adviser on finance, had made the statement that Pakistan had assured the IMF that the Supreme Court would not restore the assembly and the government of Pakistan People's Party. Mr Haider said he was shocked that, when a petition of the former prime minister was pending in the Supreme Court, how could the caretaker government give such an assurance. Mr Awan told the chief justice that when the adviser on finance had made the statement he, along with his party senators, had protested. He said a number of newsmen were also present on the occasion and had reported the committee proceedings accurately. Mr Ilyas stated that his newspaper had accurately reported the statement of the caretaker prime minister, made at a seminar in Karachi. He pointed out that the same statement was also reported by other newspapers and news agencies. Mr Hussain stated that he had reported the proceedings of the Senate Standing Committee on Finance and mentioned Pakistan's assurance to the IMF that the Supreme Court would not restore the National Assembly. He also produced a newspaper clipping according to which an IMF spokesman was reported to have said that the former prime minister had made no telephonic call to the Fund. M. A. Farooqi, Additional Registrar, Supreme Court, was present in the chamber of the chief justice when the statements of the two senators and the two journalists were recorded. No date was fixed for further inquiry. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970113 ------------------------------------------------------------------- Assurance by PM to IMF: SC to issue notice to AG ------------------------------------------------------------------- Staff Correspondent ISLAMABAD, Jan 12: The Supreme Court of Pakistan decided to issue notice to the attorney-general for Pakistan to appear before the chief justice in his chamber on Jan 15 to explain whether the caretaker prime minister and his adviser had held out assurances to the IMF that the Supreme Court would not restore the PPP government. The court is making preliminary inquiries on the petition of deposed prime minister Benazir Bhutto alleging that caretaker Prime Minister Meraj Khalid and his adviser on Finance Shahid Javed Burki had committed contempt of court by assuring the IMF that the Supreme Court of Pakistan would not restore the PPP government. The assurance was given at a time when the petition was pending in the Supreme Court for adjudication. The court had issued notices to two senators and two journalists in connection with the preliminary inquiry and all of them had informed the court that the caretaker prime minister and his adviser on finance had held out assurance to the IMF that the Supreme Court would not restore the National Assembly and the PDF government. After the statement of the attorney-general on Jan 15, the decision to issue or not to issue contempt notice to the caretaker prime minister and his adviser would be taken. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970110 ------------------------------------------------------------------- Murder case registered in gas disaster ------------------------------------------------------------------- Staff Reporter LAHORE, Jan 9: Following the death of four more people, the death toll of Wednesday's gas disaster rose to 21 while about 100 are still under treatment in various city hospitals. The Lahore District administration has imposed a complete ban on the movement/transportation of hazardous chemicals and inflammable material through the populated area. A murder case has also been registered and the general manager of a private company has been included into the investigations. Meanwhile, the area returned to normality on Thursday. The district administration and a few NGOs had set up their camps in the areas to provide medical and food assistant to the affected people. About 903 people were brought to hospitals from the affected localities. Out of that 792 people have been discharged after first aid. According to the official sources, the police are seeking technical report from different scientific bodies including Pakistan Council of Scientific and Industrial Research to fix the responsibility of gas disaster. Lahore Deputy Commissioner Kamran Lashari told reporters that two cylinders containing chlorine were dispatched by Crescent Greenwood to the Ittehad Chemicals. He said the district administration had a meeting with the officials of both the companies. "They have agreed to share the responsibility of rehabilitation of effected people," he said. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970110 ------------------------------------------------------------------- LHC vacates stay order against promotions ------------------------------------------------------------------- Staff Correspondent ISLAMABAD, Jan 9: The Lahore High Court, Rawalpindi bench vacated the stay order granted against the promotions and issuance of the notification of 56 joint secretaries to grade 21. The court had directed the federal government not to notify the promotion till January 9. Later the promotions were notified by the federal government and the petitioners had moved a contempt petition on which Justice Mian Nazir Akhtar on January 6 had suspended the operation of the notifications. When the case was taken up on Thursday, Justice Faqir Mohammed Khokar after hearing the counsel for the petitioners, Shaikh Riazul Haq, and the Deputy Attorney General Mumtaz Mirza, vacated the stayed order issued on December 31,1996, and on January 6,1996. The court, however, without formally admitting the main petition for regular hearing decided to take it up for final hearing on Jan 14. The federal government is asked to submit the reply before Jan 14. Though the court didn't admit the petition for regular hearing formally but Justice Faqir Mohammed Khokar advised the DAG to consider the petition as admitted. "You come well prepared on January 14, for final hearing of the petition.", he asked both the counsel. The court refused to initiate contempt of court proceedings against the government for notifying the promotion of 56 joint secretaries against in violation of the LHC order. Justice Faqir Mohammed Khokar observed that it was not a case of upgradation but of promotion of grade. Stay should not have been granted in the service matters where there is no fear of irreparable loss, he observed. The judge in his order stated that no irreparable or even substantial loss can occur to the petitioners if the stay was refused. The petitioners have alleged that the recommendations of the hastily convened CSB-I are mala fide, arbitrary and without lawful authority. They argued that the recommendations have been made on the basis of the seniority list issued on August 1, 1994 which is under challenge in the Supreme Court. They stated that the posts in BS-21 fall in the senior management level where, according to the establishment code, the promotions are made on the basis of seniority-cum-fitness. To ensure the selection of fit candidates by the CSB, the establishment division is required to place a larger panel of eligible officers before the board. In this case, they pointed out, the federal government made a panel of only 73 officers out of which 61 were recommended for promotion, giving much narrow choice to the CSB. They further pointed out that under Section 2 (B) of the Civil Servants (Appointment, Promotion and Transfer) Rules 1973, the CSB is comprised of minister for the establishment division, chairman, secretary law & justice division, member, secretary cabinet division, member and secretary establishment, member. They argued that the CSB-I was not properly constituted as the secretary establishment is presently hospitalised and the law secretary is not there. "The recommendations of CSB-I are wholly illegal, and coram non judice," they contended. The petitioners contended that though the promotion was not a vested right yet the competent authority was under legal obligation to consider the cases of promotion fairly, justly and equitably. It is an established law that discretion cannot be exercised on whims, caprices and moods of the authorities. The petitioners stated that they had "legitimate expectancy" for being considered for promotions to BS-21 and their vested rights have been materially prejudiced by the hasty act of the respondent. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970114 ------------------------------------------------------------------- Wounded were told by police to stay put ------------------------------------------------------------------- H. A. Hamied KARACHI, Jan 13: Testifying before the three-member tribunal, investigating the causes of the death of Mir Murtaza Bhutto, a police officer said some injured people had also been lying on the scene of the incident after 10 pm, away from the six dead. ASI Shahzad Hussain, said some people who had been lying on the road were said to be injured because the policemen standing near them had been directing them not to move or get up. "They should lie in the same position." Later, he said, when he went back to the police station in a police mobile, he saw three of the injured who had been travelling along with the six dead. The witness was answering a question from the tribunal as to how he was sure that those sitting or lying on the road had been really injured and not dead. Q: What was your role in the incident and when did you came to know about it? A: When I reached the police station to report on duty on the day of the incident, at about 9:30 pm, I was called on the orders of the then SP Shukaib Qureshi, who wanted all officers at the PS called on the scene of the incident. When I reached the site, I saw the bodies were lying on the main road, where I saw SSP Durrani, SP Shukaib Qureshi and ASP Rai Tahir. By that time Mir Murtaza had already been shifted to Mideast Medical Centre. The bodies had been lying on the road as they were dropped dead, each in different posture. I performed the mashirnama of all the dead, giving details of the wounds, recoveries from their persons, their identifications etc. Since I was not aware of their names, I numbered them. The other two who were associated with this job, police constables Mohammad Khan and Gul Pir both from Clifton police stations, had not signed it. Mohammad Khan has been transferred to Darakhshan PS and Gul Pir is still with Clifton PS. Question from Justice Ghous: Do you know mashirnamas are prepared separately for separate individuals till action under Section 174 is not completed. Until then the bodies are not to be removed? A: Yes. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970115 ------------------------------------------------------------------- Spot memo was not prepared on the spot ------------------------------------------------------------------- H. A. Hamied KARACHI, Jan 14: The first investigating officer of the case of the murder of Mir Murtaza Bhutto told the judicial tribunal of inquiry that the "Mashirnama" (spot memo) was not prepared on the spot as required under law and the contents were included as directed by the then SP investigations and inquiries, Shukaib Qureshi, and ASP Rai Mohammad Tahir, both of whom were present on the scene of the incident on Sept 20. Sub-inspector Khurram Waris said he was named the first investigating officer of the case in the FIR No. 386 lodged by the late inspector Haq Nawaz Sial, after being taken to JPMC, with a bullet injury in his left foot. This FIR was registered the same night when the incident had happened. He admitted to questions that before leaving the police station and after returning from the hospitals entries should have been made in the daily register but was not done so, because the practice is different from what the principles are. In this case, he said, a strange situation had been created, because the SHO of the same police station was injured in an encounter between the police and Mir Murtaza's men. SI Khurram, deposed that on the day of the incident at about 8:45 pm a message was relayed on the wireless that there was an attack on the house of DIG Karachi Range, and in about five to seven minutes SHO Sial came to the police station in an injured condition in a police mobile. He said the SHO was to be taken to JPMC and he accompanied him along with two ASIs, Badar and Fida, and when the doctor was about to attend to him, Sial decided to go to Liaquat National Hospital, because he was not feeling secured there. Sial's family also came to the hospital and after treatment for the gunshot wound, they left for home and the police returned to the police station. The sub-inspector said the FIR of Sial was registered at 2200 hrs and he was named the investigator. Q: What did you do then? A: I then went to the site where I saw a large number of police, the entire area cordoned off, no electricity, no dead or injured around and none in custody. There were also four vehicles of Murtaza party. I collected empties from the scene and others were helped in collecting them which had been lying scattered along the footpath and the main Shahrah Iran on the side of the New Clifton Garden. The investigations were being conducted under the supervision of the SP, Shukaib Qureshi, and the ASP. Q: Where else you found the empties? A: From the four vehicles belonging to the party of Mir Murtaza, which were parked there. Q: Were the police vehicles involved in the incident searched for the empties? A: No. Because they were not there in their original positions. I was only told later by the police about their location at the time of shooting. Since then they had moved because they were in use of the police. Q: Did you ask the SP or ASP why the police vehicles involved in the incident were shifted from their original positions unless the "Mashirnama" was not prepared? A: I could not dare ask, because the investigations were being carried out under the supervision of the SP and ASP. Q: Is it not correct that all the objects involved in the crime should not be disturbed until necessary investigations are completed and "Mashirnama" prepared? A: Yes. Q: Before the investigating officer reached the spot of inquiry, was it not considered unusual and extra-ordinary that the objects should not be removed? A: It was not an unusual phenomena for me because it was being done in the presence of senior police officers higher than me. Q: You made no mention in the "Mashirnama" that the investigations had already started under the supervision of SP Shukaib Qureshi and ASP Rai Tahir? A: I made no mention about the presence of the SP or ASP who were in fact the in charge of the investigation. After I had prepared the "Mashirnama," I did read out the contents to them. Q: Why did not you obtain their signatures on the document? A: I could not dare do that. Q: Is it not correct that when a "Mashirnama" is prepared it is signed by witnesses? A: This is correct, but this was not done so. A: "Mashirnama" was prepared on the basis of information given to you by others and without their information it could not have been prepared. You have not stated who else contributed and what information was given to you? A: Yes. Q: Is it correct that you were investigating officer only on paper but actually SP Shukaib Qureshi or ASP Tahir were the investigating officers. You were told to do what they wanted you to do? A: Yes. Q: Did you seal the pieces of evidence such as blood samples on the spot? A: No. The sealing material was not available at the place of the incident. It was done later at the police station. It is written in the Mashirnama that it was done on the spot in the presence of witnesses, but actually the objects were sealed at the police station. Q: Earlier you had stated it was done on the spot but now you say it was done at the police station? A: A rough paper was made on the spot and the final document was prepared at the police station after it had been cleared by the SP. Q: Under the law, there has to be only one Mashirnama, there is nothing like rough or fair? A: Yes. Q: Is it correct that it is not a complete Mashirnama? A: No. it is not correct. Q: Why the sealing material was not taken to the scene of the incident? A: It was never done during my entire service. Q: Any statements recorded of the police officers on the spot? A: No. There was no facility, no lights. Some statements recorded by ASP Rai Tahir were given to me at the police station. I was the investigating officer only for the first two days and I had handed over the charge and all material to the Crime Branch which took over the case on Sept 23. Later, the tribunal called for the "Roznamcha" (daily reports) and it was submitted by inspector Mohammad Amin, 52, of Gulshan Base No. 1. It was produced under seal and the police have been asked to submit some of the relevant pages in Photostat and return the register after being sealed again. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970116 ------------------------------------------------------------------- Blood samples were sent to lab on Oct. 21, IO testifies ------------------------------------------------------------------- H. A. Hamied KARACHI, Jan 15: The government of Sindh has extended the time limit for two months for the submission of the report of the tribunal of inquiry which is investigating the causes of the death of Mir Murtaza Bhutto and seven of his men on September 20, 1996. The last notification was issued on Oct. 17 for a period of one month (Nov. 16) which was extended up to Jan 17. Now the deadline has been extended up to March 17. So far the tribunal has examined about 100 witnesses starting from Oct. 22, and the record of evidence runs into a couple of thousand pages, which is being typed daily by three persons. Simultaneously, the typed pages are being bounded. The tribunal comprise Justice Nasir Aslam Zahid, judge of the Supreme Court; Justice Amanullah Abbasi and Justice (Dr) Ghous Mohammad. In addition to the tribunal work, these judges are also sitting on the Bench in their respective courts. The tribunal on Wednesday completed the evidence of sub- inspector Khurram Waris of Police Lines, South, who was the first investigating officer in the case registered on the complaint of the late Haq Nawaz Sial, who was the SHO of Clifton police station at that time. Q: When the specimen were sent to the chemical laboratory? A: Ten samples of blood and of clothing were sent on Oct. 21. Q: The requirement of law is that samples are to be sent urgently. What was the reason for the delay of one month. A: According to law, it must be sent immediately, but I don't know the reasons for delay. Q: Were you examined by others in this case? A: I was examined by the Crime Branch, ISI, British investigators, AIG Noor Mohammad Pechoho, SSP A. D. Khawaja and AIG Ali Gohar Mithiani and others. Q: Do you know SHO Zeeshan Kazmi? Did you see him at the place of the incident? A: I know him but I did not see him there. Q: Can you give any reason why ambulances were kept outside the police station in Clifton with six bodies for two to three hours? A: The identification was done by the SHO of Darakhshan police station. I can't give any reason for the delay. The recording of the statements of witnesses was adjourned until 11 am on Saturday.

=================================================================== 

BUSINESS & ECONOMY

970114 ------------------------------------------------------------------- IMF to release $80m before 18th ------------------------------------------------------------------- Bureau Report ISLAMABAD, Jan 13: The International Monetary Fund (IMF) will disburse 80 million dollars to Pakistan any time after January 15 to improve its balance of payment position. Official sources said that the IMF has communicated to the caretaker government that 80 million dollars (53 million SDRs) would be available for release positively before Jan 18 of this month and that there would not be any delay in it. Pakistan has also been informed that the IMF will provide the remaining amount of 267 million SDRs under the Standby Arrangement (SBA) in three equal instalments, 89 million SDRs each. Sources said that the IMF has not attached any condition nor refused to provide its assistance as was speculated in local newspapers. Sources said that the IMF was insisting on upward revision in petroleum prices and once the government obliged it, all hurdles in the way of the release of the next tranche will be removed. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970114 ------------------------------------------------------------------- US firm gets PTC satellite contract ------------------------------------------------------------------- Shaheen Sehbai WASHINGTON, Jan 13: A Connecticut hi-tech company has been awarded a contract of an undisclosed amount by the PTC to provide private satellite services in Pakistan, in collaboration with local private sector providers, the company announced. Claiming to be the world's first private sector company to provide global satellite services, PanAmSat Corporation of Greenwich, Connecticut, said it had already signed three contracts with Pakistan firms for data communications services in Pakistan. No price tag for the PTC contract with PanAmSat was given but a company spokeswoman told Dawn that the contract was signed on December 31, 1996 ,"fairly quickly after very friendly negotiations with PTC." Despite repeated requests, the spokeswoman for the company did not give the cost of the contract , saying it was against the company's policy to release financial data about customers. The company said the three Pakistan firms which had acquired its satellite services would use the PAS-4 Indian Ocean Region Satellite to provide data services for private businesses, Internet and specialised applications for the financial sector, airlines, hotels, postal organisations, oil and gas companies and telephone companies. One of these three Pakistan companies, Acsys was already working in collaboration with the American telephone giant AT&T, PanAmSat said. It said it was presently providing satellite-based video and data transmission services to hundreds of customers round the world by operating a four-satellite global system - PAS-1 and PAS-3 over the Atlantic Ocean Region; PAS-2 over the Pacific and PAS-4 over Asia. PanAmSat plans to launch four additional satellites by 1998, with the next launching of PAS-6 , scheduled over the Atlantic Ocean Region ,in March/April this year. The PAS-7, to be launched later this year, will cover the Indian Ocean Region and will be much stronger than PAS-4. It was not disclosed when the contract was signed by the PTC and who negotiated it. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970110 ------------------------------------------------------------------- Phone exchange makers hit hard by smuggling ------------------------------------------------------------------- Mohiuddin Aazim KARACHI, Jan 9: Local manufacturers of EPABXs commonly known as internal telephone exchanges are in a fix over the growing smuggling of different systems of these exchanges. Dawn inquiries reveal that local companies engaged in EPABX manufacturing that kept thriving during 1985-1995 now find it difficult to continue their business. "Many of us may close down their business because smuggling of EPABXs are on the rise and that too under the guise of official manufacturing licences," said a Karachi-based EPABX maker. He said some foreign companies having such are not at all manufacturing telecommunication devices and are simply engaged in selling these products. The No Objection Certificates issued by the PTA (formerly PTC) requires the companies seeking NOCs to manufacture Telecom devices in Pakistan and not just import them and sell them in the local market. More than two dozen companies including multinationals have the NOCs for EPABX manufacturing but hardly half of them fulfil this requirement. "The rest of them only sell the finished products whether the same are smuggled or imported." Telecom industry sources said about a dozen genuine makers of EPABX produce around 3000 sets of telephone exchanges worth at least Rs 100 million every year. They say the industry employs about 3000 Telecom engineers and technicians. But the plight of the industry is that the smuggling of EPABX has grown to alarming proportions forcing the local manufacturers out of the market. Some foreign companies that are only represented by their Pakistani agents and do not have any production facility in Pakistan are openly selling their finished products. "This is a clear violation of the NOCs issued to them but who cares?" complained the chief executive of a local company. A casual scanning of the list of the foreign companies that have NOCs for manufacturing Telecom products shows that at least one of them has no production facility at all. But it manages to sell its products through its sales offices in Pakistan. Two other foreign companies that have their production base in the country quite often assemble their products here and do not manufacture. "This is equally true in case of some local companies whose job is to smuggle finished products and sell them," said the representative of a foreign company having a licence for APABX making. "This is the job of the Authority that issues the licences to see whether the conditions they contain are met," he added. A PTA official who declined to be quoted said: "We issue the NOCs after a complete investigation and physical demonstration of the proposed products at Central Telecommunication Research Laboratory." "Besides we also keep a vigil on the activities of the companies having these licences and occasionally take actions against them." Apart from smuggling and misuse of the NOCs issued for manufacturing Telecom devices the rising cost of production of EPABXs is also hurting the industry. The makers of telephone exchanges and telephone sets have to pay 5% of the total cost of production of their products as royalty to the PTA. Besides, they have to pay 18 % sales tax and 2.5 % turn-over tax plus 3.5% advance income tax on the supplies of their products. "These taxes coupled with the ever-increasing utility charges and haulage keep increasing our cost of production," said the chief executive of a EPABX making company. "But we cannot pass it on to the consumers because that can knock us out of the market." The manufacturing of EPBAXs and telephone sets started in mid 80s in Pakistan and since then the industry continued growing until 1995. The extent of the growth could be gauged from the fact that the number of companies rose from one to more than two dozen during this while. According to rough estimates, the private sector has so far installed at least 40,000 EPBAXs of varying capacity across the country. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- Concern over foreign firms' monopoly on air cargo ------------------------------------------------------------------- Staff Reporter KARACHI, Jan 11: The air cargo agents of Pakistan feel threatened from the increasing presence and role of foreign freight forwarders and apprehend that this may even lead to monopoly which could stifle the growth of local industry. Expressing their concern the Air Cargo Agents Association of Pakistan (ACAAP) in a complaint lodged with Pakistan International Freight Forwarders Council (PIFFC) pointed out that foreign freight forwarders like M/s Heckay, Dart Express, Expediters and Fritz were already working under joint venture in Pakistan since last couple of years. However, to ensure that these foreign freight forwarders do not develop monopolistic hold in our market the ACAAP suggested that a minimum binding condition should be laid down in the ownership shares of such concerns. Agreement with maximum shares of local investors would be in the interest of Pakistan economy and in turn would help in growth of local industry, it added. The ACAAP further stated that foreign freight forwarders were welcomed, but the ratio of ownership shares should be on the basis of 51 percent local and 49 percent foreign so that there can be some sort of order in the whole sector. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970111 ------------------------------------------------------------------- Energy prices raised to boost official revenues ------------------------------------------------------------------- Sultan Ahmed IN A COUNTRY, in which energy has become extremely expensive in terms of wages of earnings of the people, the government is relying more and more on the energy sector to boost its revenues and achieve four percent budget deficit at all cost as promised to the IMF. As a result the total revenues of the government from the oil and gas sector as projected by the current year's budget presented on June 13 last are Rs 41.33 billion under five major heads. And to add to that POL prices were increased by the Benazir government three times since August 20 last and twice by the caretaker government. Furnace oil prices have gone up by a stiff 125 percent within four months, protests the cement producers and crippled the industry which suffers from a production glut. Following the new measures the total revenues of government from oil and gas are likely to exceed Rs 50 billion. In addition, we have been warned by the Ministry of Petroleum and Natural Resources that we should now be ready for monthly increases in POL prices as world prices rise. And since gas prices are linked to the world furnace oil prices we are told gas, will cost more if world prices of furnace oil rise. While every government keeps on raising oil and gas prices in the name of rise in world oil prices or the heavy devaluation of the rupee, which makes energy far more costly in rupee terms, it has been silent on its large revenue resources from oil and gas. All considerations of the government and the real needs of the economy, particularly the stagnant industrial sector are now subordinated to the larger revenue quest in an effort to reduce the budget deficit. The IMF's World Economic Outlook published in October says that while the average price of oil in 1996 was expected to be $19.42 a barrel, that it will be $17.94 in 1997. An that will be a big drop from Brent crude's $24.17 a barrel on December 30, but will the people of Pakistan benefit by such a fall in prices, particularly after Iraq oil sales bring down prices? They should, but we would be told that because of the further devaluation of the rupee or larger losses suffered by the gas companies, the government may be slow in reducing Pol and gas prices. The government may argue it has to make up the losses of the two gas companies - Southern Sui Gas and Northern Sui Gas in which the government has large interests. While the loss and theft of power in KESC has risen to 40 percent, as asserted by Mr. Javed Shahid Burki, Adviser to the Prime Minister on Finance, the gas companies are suffering a loss and theft rate of 10 to 11 percent while the world average, according to petroleum Minister Javed Jabbar, is 1 to 1.5 percent. The caretaker cabinet has now decided this heavy loss should be reduced by half a percent each month until it is brought down to 5 percent. But unless radical measures are adopted that may not materialised as reflected by the scandals in KESC where the loss and theft rate has shot up from 23 percent to 40 percent now. So the people of Pakistan have to pay a heavy price for not only the rising world price of oil but also the perpetual devaluation, the increasing theft and waste and the heavy taxes on the energy sector which can hardly be called taxes. Now the government is getting Rs 19.5 billion as surcharge on POL and Rs 6,8 billion as surcharge on gas, making a total of Rs 26.3 billion. It is also getting Rs 2.15 billion as sales proceeds of oil and gas and Rs 3.6 billion on royalty on oil and gas, making a total of Rs 5.77 billion. Customs duty on POL brings in Rs 1.22 billion, excise duty on POL Rs 4 billion, and on natural gas Rs 3.2 billion, total of Rs 7., 2 billion. The government's investment on seven oil and gas companies bring a revenue of Rs 919 million, including Rs 285 million from Pak Arab Refinery Rs 491 million from Sui Southern Gas Rs 63 million from Pakistan State Oil, Rs 37 from Pakistan Oil Fields, Rs 29 million from Pakistan Petroleum Rs 9.45 million from Mari Gas and Rs 4.25 million from Attack Refinery. That makes a total of Rs 41.33 billion before the five increases in POL prices and the 15 percent ISO in gas price announced on December 30. And that is apart from smaller incomes from this sector like the exploration licence fee and the largest income tax payments of the seven oil and gas companies inclusive of Pak Arab Refinery, Sui Southern and the PSO. Efficient management of these companies following their privatisation may increase the revenues from them further, particularly the income tax after possible revenue leakage's in such companies are checked. The IMF wants the government to raise POL and gas prices not only in consonarece with world prices of oil and to cover the frequent devaluation of the rupee, but also to earn more revenues to bridge the budgetary gulf. Earlier it was in favour of the quarterly price adjustment the Benazir government opted for but since last year it came in favour of monthly price increases with all their disruptive consequences on roads, in homes and factories. And from now on it wants monthly adjustments in gas prices as well, which will boost inflation which is already officially 11.8 percent and almost double that rate non- officially. When gas prices go up fertiliser prices rise up. And when gas supply is reduced to the fertiliser companies the country has to import fertiliser for which it does not have the requisite foreign exchange. The government argues that the gas prices for the lowest group of consumers have not been raised substantially but that can bring small relief to them as when gas, power and POL rates rise, the cost of everything manufactured, traded and transported rises. Such price rises have a multiplier effect on prices, particularly in a sellers' market most of the time. Unfortunately the efforts to get more oil at home has not been successful. More oil has come up in Sindh, but the quantities are too small. Major new companies are not coming up to explore oil in a big way. In fact, some of the companies have left as they do not find Pakistan too promising for major oil finds. And too little of new exploration has been done in Balochistan because of the deadly feuds between tribal chiefs in which the oil companies become helpless pawns and their workers and staff are kidnapped for large ransom. There has been talk of offshore exploration of oil but while foreign companies show initial enthusiasm for it there has been no follow-up after the failure of such efforts nearly 20 years ago off Karachi. In Sindh when then look for oil, gas comes up but in small quantities. Pumping it to proper destinations for purification and joining the mainline gas supply is costly. Anyway as far as the people are concerned they have to pay supply world price for their own gas as the price is adjusted upward month after month. We are now told cost of production of gas is Rs 88 per 1,000 cubic fed while the following the 15 percent rise in gas prices, the sale price is Rs 75 per 1,000 cubic feet. So a gap of Rs 13 for every 1,000 cubic feet remains to be adjusted and that is what the subsequent increases in gas price is to cover. Meanwhile the devaluation of the rupee will increase the prices further. And when it comes to petrol and other oils the transporters and petrol pumps too demand higher rates and get them. So the consumers are made to pay more and more for all forms of energy in the names of rise in world prices, devaluation, and rise in taxes an other charges and then far more for all products produced, traded and transported using any form of energy. The result is a manifold increase in affiliation which official statistics understate constantly and absolutely unconvincingly. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970116 ------------------------------------------------------------------- Heavy discounting in money market ------------------------------------------------------------------- Staff Reporter KARACHI, Jan 15: The money market that has been short of liquidity for the last one week remained so with overnight call rate pegged to 20 percent. Money market sources said a huge discounting of Rs 15 billion plus also took place on Wednesday. They said huge withdrawals by WAPDA and HUBCO had forced the banks to go for discounting. Besides, some withdrawals were made by the oil marketing companies to foot oil import bills. Senior bankers said a discounting of similar order had taken place on Tuesday also for the same reasons. It was amid this backdrop that the State Bank of Pakistan conducted an open market operation to suck in a nominal amount of Rs 125 million through sale of short term federal bonds. The OMO had attracted bids worth Rs 1.70 billion for the STFBs but the SBP accepted only Rs 125 million worth of bids at 16.5 percent and rejected the rest. The SBP could generate only Rs 25 million through outright sale of STFBs of January 4 issue though it had received bids worth Rs 550 million. It had received bids worth 1.150 billion for the 3-month repo of the STFBs but it accepted only Rs 100 million worth of the same. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970116 ------------------------------------------------------------------- KSE index breaches 1,400 points psychological barrier ------------------------------------------------------------------- Staff Reporter KARACHI, Jan 15: The KSE 100-share index breached the psychological barrier of 1,400 points. It was last quoted at 1,428.80 in the official trading as compared to overnight's 1,397.22, showing a fresh gain of 31.58 points as most of the base shares led the market advance. Later, in the computerised trading session, it rose by another 5 points to 1,432.92, signalling the advent of a sustained bull-run. Bulk of the buying interest, however, remained centred around half a dozen current favourites about half of the total volume was confined to PTC vouchers and Hub-Power, which attracted massive buying at the current lower levels and in turn boosted the index by a hefty 35 points in the final analysis. PSO was among the top gainers, which recovered another Rs 7.50, followed by Adamjee Insurance, Gatron Industries, Telecard and Glaxo-Wellcome, rising by Rs 3 to 4. Other good gainers included ICP SEMF, Faysal Bank, Shell Pakistan, Fauji Fertiliser, Atlas Honda Cars, Hub-Power, PTC vouchers and Crescent Steel, which posted gains ranging from Rs 1.25 to 2.75. Losses were mostly fractional, reflecting the absence of strong selling barring Pakistan Oilfields and Parke-Davis, which suffered fall ranging from Rs 3 to 5 on renewed selling. Nishat Chunian, Abbott Lab and Packages were among the other prominent losers. Trading volume fell to 28.491 million shares from the overnight's 29.451 million shares, owing to the absence of leading sellers who kept to the sidelines anticipating further increase in prices. The PTC vouchers again led the list of most active, up Rs 1.90 on 7.403 million shares, followed by Hub-Power, higher Rs 1.25 on 6.132m, ICI Pakistan, easy 45 paisa on 4.484m, Dewan Salman, firm 50 paisa on 2.655m, and FFC-Jordan Fertiliser, steady 25 paisa on 1.361m shares. Other actively traded shares were led by Ibrahim Fibre, firm 10 paisa on 0.520m, Dhan Fibre, also up 10 paisa on 0.425m, ICI Pakistan (r), easy five paisa on 0.423m, KESC, up 50 paisa on 0.245m, Sui Northern Gas, higher 75 paisa on 0.324m, and Faysal Bank, up Rs 1.25 on 0.218m shares. There were several other notable deals also. On the corporate front, the board of directors of Ravi Alkalis has announced right shares at the rate of 50 percent. ------------------------------------------------------------------- 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). Send payments and subscriber information to : G.M Circulation, The Herald P.O.Box 3740, Karachi, Pakistan We also accept payments through American Express, Visa or Master Card. Allow 45 days for first issue.
Back to the top.
=================================================================== 

EDITORIALS & FEATURES

961230 ------------------------------------------------------------------- Ehtesab or Intekhab?  5 ------------------------------------------------------------------- Ardeshir Cowasjee ONE cannot help but feel that the affairs of state are being managed by sorry clowns. Were they not causing us and the country so much distress, they might have proved to be amusing. Prime Minister Presumptive Nawaz Sharif was in town last Saturday. Presumptive he may be, a forgivable failing, but he is neither pompous nor pretentious nor arrogant. Basically a shy man, his company does not jar and one can enjoy being with him at the luncheon table. "I am very upset," he said to me over a bowl of Chinese soup, "about what you wrote in your column yesterday. You have indulged in character assassination. You say I am oonees to Benazir's bees. Most unfair and quite wrong. You are my friend." "I can afford you as a friend," I replied, "but not as a prime minister. Once was enough. We can't suffer you and your men for a second round. And as for character assassination, what character is there left conjointly between you and Benazir to assassinate?" Without exhibiting remorse, he admitted that he had made mistakes (such as doling out billions worth of state land for political gain, for milking the co-operative societies dry?), and after a couple of helpings of grilled jumbo prawns, followed by ice-cream, he walked to his Pajero and with flags flying he left for his Lyari jalsa. Nawaz, super-confident, has no doubts that elections will be held. He was happy to hear that if Benazir and he were the last two persons left on this earth, I'd vote in his favour. Then came Asghar Khan, the Air Marshal. Still as straight up and down as an arrow, a thorough gentleman who has never been anywhere near the money-making game, he fully realises that elections will but bring back the same old faces ready to once again put their snouts back into the national trough as soon as they are elected and snuff up whatever measly left-overs there may be. The past three governments have been dismissed, all charged with corruption and with having brought the country to an economic collapse, and no caretaking government in between has bothered to initiate an accountability process, or consider holding a referendum asking the people what they want first  accountability or elections? At his Press conference he said, "It is high time to do it now. Declare all those who were in the dismissed government set-ups disqualified and then only clean people will be left to rule us." He wants accountability before elections and the party he founded, the Tehrik-i-Istiqlal, has decided to boycott the elections, if held as scheduled on February 3. Asghar was followed by the good old young Jamaat Qazi and his dharna. Qazi cannot buy many votes, but he can collect a crowd (and without paying). On Wednesday, some 100,000 people congregated in Karachi to support him. He too is clear in his mind,  Ehtesab before Intekhab. He refuses to accept back into the assemblies the same old corrupt faces. He and his party are boycotting the elections. Everyone in Pakistan wants elections  but (repeat but) only after the process of accountability disqualifies the robbers and thieves. Now, to a criminal breach of trust  a crime punishable by law  committed by Benazir Bhutto and her underlings. In 'Ehtesab or Intekhab?  2', I gave details of the misappropriation of Baitul Maal trust funds. The former Ameen ("the most trustworthy") of the fund, M.A.K. Chaudhry, has written at length, a letter in this newspaper (Jan 5) and a column in The Nation (Jan 8). In trying to prove his innocence, he has further incriminated himself and his cohorts. Chaudhry wonders how I managed to get hold of a classified document. He cannot be ignorant of the fact that when an officer knows he is doing wrong, he marks his writings 'Secret'. This neither makes the contents of the document secret, nor classifies it... And, importantly, there should be nothing 'secret' regarding the disbursement of the people's money held in trust. I refer Mr Chaudhry to the President's written statement filed in the Supreme Court in reply to Benazir's Constitutional petition 59/96, published over the space of several days in this newspaper. He should read paragraphs 256 to 264 dealing with the disbursement of Pakistan Baitul Maal funds supposedly to the "needy" Kalpar Bugti tribesmen. On 24/3/94, the Ameen wrote to Minister Naseerullah Babar: "There is no precedent of Baitul Maal assistance to such a large group of persons who are displaced on account of political persecution." Now he contradicts himself: "Therefore, assistance of Rs 50 million to the Bugti tribesmen, who were driven out of the hearths and homes by a stronger faction, was in no way anything out of the ordinary routine. The PBM Charter justifies it without any shadow of doubt." In the same letter, the Ameen describes the procedure laid down for the disbursement of funds held in trust, and then goes to say: "This procedure will obviously have to be by-passed." Why? Just because he wanted to keep himself in the good books of the Prime Minister, Minister Zardari and Minister Babar? The Ameen informs us that "the Prime Minister's Secretariat has a public grievance cell which receives thousands of applications for assistance. There is ample staff there to sift these applications. Deserving ones are passed on to Zakat administration and PBM." That in no way exonerates him, Ameen of the PBM. It is he who is responsible for the funds placed in his trust, it is his bounden duty to ensure that they are not misappropriated. As a public servant, he is primarily answerable to the people, not to the prime minister. As an Ameen, Chaudhry had no business to act as a flunkie of the PM's handmaiden. On 1/9/95 he personally handed over to Naheed Khan in the PM's secretariat cheques totalling Rs 34,90,000, made out and given in violation of rules and procedure. Further: "In gross violation of the rules, sums totalling Rs 6.171 million and Rs 27.05 million were sanctioned on the directions received from Ms Khan and Mr Rehmat Ullah respectively." (Written statement, para 263). Rehmat Ullah has been described as a "consultant" to Benazir. Para 262 of the written statement details how the same thumb was impressed on 325 receipts against the names of 325 different persons; another thumb was impressed 265 times against 265 receipts in different names; yet another 118 times, and one more 114 times. It ends, "In other words, it is obvious that the lists of alleged recipients are bogus and have been created and concocted for the express purpose of stealing Baitul Maal funds." Now, with what faces, what tongues, do Leghari and his men say that proof enough cannot be found to convict Benazir, husband Asif and their cohorts of any crime? Why are the people being misled? Why are the President and his caretakers playing tricks with the people? Each morning we read in the Press detailed explanations as to what the prime minister did not actually say, or what exactly it was that he meant, when he uttered two days previously. We are also, of course, told what he said the day before. For days we were told by the leaders that the matter of the formation of a National Security Council had not arisen. Now we have a Council for Defence and National Security. This Council will give, we are told, "meaningful" and "mature" advice which the cabinet of ministers is not bound to accept. Our caretakers do make complete sense. Our laws are based on the logical presumption that the majority of our elected representatives and our administrators are honest, competent, and worthy of the people's trust. Our laws are not made to cover a situation in which three successive prime ministers, plus their ministers and minions, have been utterly corrupt, untrustworthy and incompetent and have, for personal gain and power perpetuation, meaningfully and purposefully robbed the national exchequer and rendered the country bankrupt. Our laws need to be amended. Every sane person in this, or in any country that concerns itself with us, is firmly convinced that Benazir and Nawaz, all those in their past federal and provincial cabinets, and all of those thrice elected as our representatives are totally unfit to stand for election to be returned to the assemblies from which they have just been booted out. The people do not want those against whom substantial proof is not available to be summarily convicted and jailed. What they do want is that those collectively responsible for bankrupting this country not be given another chance to loot once again. They want them disqualified for seven years from standing for election. This may be insufficient punishment, but it would at least be better than letting them get away scot free. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970111 ------------------------------------------------------------------- The anatomy of violence ------------------------------------------------------------------- THE rising crescendo of strife and violence in society over the past several years should be a matter for profound concern to our politicians, administrators, economists, lawyers, sociologists, religious leaders, academics and those entrusted with the investigation of crime and the maintenance of law and order. Whenever an incident involving crime, terrorism, or inter-personal and inter-group violence takes place, it is invariably the custodians of law who attract the most criticism for dereliction of duty and ineptitude. Indeed quite often this criticism is valid, but sometimes it is wide of the mark. The problem here is that both the rulers and the common people tend to view the issue of conflict and violence as being mainly one of law and order. This amounts to taking a simplistic view of a multi- dimensional problem. Indeed if some identifiable groups of persons have to take most of the blame for the wide prevalence and rapid spread of conflict and violence, it is the successive governments, both military and civil. They have blatantly relied on the police and the intelligence agencies for controlling eruptions of violence and have miserably failed to grasp the problem in its myriad aspects. Hence they have been unable to adopt a comprehensive strategy for combating it. In what particular aspects have the political rulers failed to cope with the increasing incidence of violence and terror? They have disappointed the people's expectations in many areas of state activity. They have failed, to put it rather simply, to offer a blueprint for establishing a pluralistic, democratic, progressive, egalitarian and just society and to demonstrate that conflicts and contradictions can be resolved without bloodshed. The rulers have failed to ensure a clean, efficient and responsive administration which could address the people's problems and grievances from day to day. Their policies have been based on elitism in handling education and medical aid, transport needs, the housing problem, bank financing of business activity, the needs of agriculturists, etc. Emphasis has throughout been laid on satisfying the demands of the upper ten thousand rather than meeting the simple needs of the millions. The frustration and sense of betrayal this approach causes among the people often leads to violent protest against authority. Ours is a strife-torn and violence-prone society which is showing signs of increasing intolerance and which, given a measure of incitement and provocation, is ready to explode into hate-driven bloody conflict. To make matters worse, the country is awash with unlicensed modern weapons  a gift of the Afghan war. Given an environment of violence and the free availability of automatic weapons, inter-group conflicts proceeding from differences between ethnic communities, tribes and clans, rival political forces and religio-sectarian groups all too readily degenerate into violent internecine clashes. The State's defences against violence spawned by a fanatical and bigoted approach to perceived conflicts of interest or ideological- political incompatibility are growing weaker by the day even though we have been feverishly enlisting more and more people in our police, intelligence services and numerous para-military outfits. This is consuming more and more resources which a cash-strapped country can better spend on spreading education and creating jobs. But excessive reliance on state violence to curb violence in the community has not only proved unrewarding; it has even proved counter-productive by creating a more widely pervasive atmosphere of alienation, fear and violence. Increasing waste of funds on the state's apparatus of coercion is taking away from the meagre resources available for socio-economic development. Combating eruptions of violence is not the function of police forces alone, even if they are better armed and more mobile. We need elaborate studies of the causative factors and grievances that impair social contentment and of the sources of conflicts and contradictions that often lead to the use of force. Our need is for a right mix of policies in several spheres of endeavour if we are to be enabled to exorcise the ghost of all- round escalation of violence and encourage pacific ways of conflict-resolution to create a more tolerant social milieu and to build a juster and more compassionate society. It is imperative to improve the system of justice in order to add to the capacity of the judiciary to settle rival claims and resolve conflicts. To counteract anger and desperation among the youth it is necessary that we institute a system of just rewards for work and substitute the rule of merit in official appointments and promotions for patronage and nepotism. Our school system can play a part by teaching impressionable minds to embrace the higher values of humanism and compassion and brotherhood of humankind, to accept diversity in society, to respect heterodoxy and to protect a minority's right to be different. Our religious schools, in particular, need to review their syllabi so as to inculcate tolerance, broad-mindedness and to discourage in their pupils an approach based on exclusivism and preference for conformism. Our religious leaders need to be more vigilant against the elements within who emphasise sectarian differences and sanction the use of force against those holding different convictions. Our media, more particularly the electronic media, have to guard against the grave risk inherent in glorification of violence. This often looks innocent enough, but when a hero is allowed to avenge a wrong by taking the law into his own hands and, in pursuit of this, to use physical force with great brutality to settle scores, the story-teller is actually popularising resort to violence. For a people to eschew violence and adopt pacific ways of securing redress of grievances or of settling differences, it is necessary that they should believe that they are treated with justice, fairplay and compassion. Given the fact that we have affluence, often the result of ill-gotten wealth, co-existing with poverty, often the result of a denial of fair opportunity, it is hardly logical to expect society to show signs of harmony and contentment. The gap between indulgence and penury and between privilege and deprivation is too wide to allow us the luxury to hope that society will move steadily towards balance and harmony and acquire the virtue of being at peace with itself. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- Smuggling of human beings ------------------------------------------------------------------- Omar Kureishi IS it the enticement of greener pastures or just an escape from lives of desperation that makes "illegal immigrants" take such enormously high risks? Are these risks worthwhile given that they could end up in watery graves? Thirty-one Pakistanis were reported killed while 37 were reported to have survived after their ship was hit by another boat off the coast of Sicily. These are the details of the ill-fated voyage: A passenger ship named Friendship, flying the Panamanian flag, set off from Alexandria in Egypt for Italy carrying nearly 400 illegal immigrants from India, Sri Lanka, Bangladesh and Pakistan. There were 88 Pakistanis on board. They had previously entered Egypt in small groups from different parts of Pakistan via Sri Lanka, Dubai and Syria. After sailing 24 hours, the Friendship transferred all its passengers to a cargo ship. Later the passengers were off-loaded on to a fishing trawler which sailed for 14 days and reached somewhere near the Sicilian coast. On December 25 the captain of the ship announced that they had reached their destination and within 2 hours they would land in Sicily. They were later transferred to a small ferry which had a maximum load capacity of only 80 passengers but nearly 300 were dumped into it. The ferry boat developed engine trouble and water started rushing into the boat. A fishing trawler was called for help but when it appeared on the scene, the two boats collided. As a result the ferry boat sank and about 289 passengers were drowned. On its own, this makes horrific reading. It does not require too fertile an imagination to visualise the kind of hell in which these passengers must have lived, the wintry conditions being only a part of their misery. The dead were gone, claimed by the sirens of the sea. But for the living, those who had survived, another hell was starting. They were dumped near the Greek coast off the Pelopponnese and left in a deserted house, where they were kept without food and water. They fled the house and were taken into custody by the police, in the circumstances, an act of mercy. But there has to be a bureaucratic twist. According to the police, investigations into the affair would be completed in a couple of weeks. Interpol will be asked to join the investigation. On completion of the inquiries, the Greek authorities would make arrangements for their deportation to Pakistan in consultation with the embassy in Athens. When and if they reach Pakistan, one presumes that they will be arrested and prosecuted. Their only consolation will be that it will be a Pakistani jail but they can argue, if they still have the strength to argue, that they were fleeing from a Pakistani jail of sorts in the first place. It was a journey that went horribly wrong and all reasoning says that it should not have begun. Yet it is unthinkable if not the folly of the wildest optimism that this tragedy will in any way deter those who may be planning to do the same, leave the country by any means possible. They will sell all their belongings and beg, borrow and steal to meet the costs involved in smuggling themselves out. It is not cheap and those who trade in the smuggling of human beings will tell you that apart from enriching themselves, they have to enrich a wide variety of officials without whose help this trade would not be possible. There is both a human and an inhuman side to this business of illegal immigration. I have met innumerable young men and women who have sought my help in getting them out of the country. Could I help to get them a passport? Do I have any connections with any of the embassies so that they could get visas? Any country, any visa for once they are out, they will make their way. I tell them that I can neither get them a passport nor a visa because what they are planning is wrong. But having got off my high horse, I think to myself: do they have any alternative? Unless one can offer them hope, why should one prevent them for looking for it elsewhere? And one finds wishing them the best of luck, for God knows that they will need luck. But then who doesn't need luck? We tend to be scornful of these illegal immigrants mainly because we consider that they bring a bad name to our country. By that we mean that they are a source of embarrassment to us when we ourselves travel abroad. For we are all treated in those foreign lands as if we are illegal immigrants. To present a Pakistani passport at the immigration counter on arrival is to be made to feel a criminal. And in our private conversation we curse the Pakis who arrive with forged documents. The irony is that we think nothing of taking their foreign exchange remittances and these remittances once used to be a vital segment of our economy. Those of us who worked for PIA in the sixties know how much we owed to what we would contemptuously describe as "bukra traffic." Only the more sensitive among us realised that we owed our salaries to these "bukras." They did not speak a word of English and indeed were illiterate. But these were not men of straw. These were men of steel. They braved the social hazards, they braved the climate, they braved the ridicule that they were put to, they even braved the Pakistan Embassy who regarded them as an infernal nuisance. In 1962, there was a small-pox scare in the UK because it was believed that one of the Pakistani immigrants had brought it with him. The media in that country had quite a field day and it went to town. I was in England then and the Pakistan Embassy reaction to this scare was to distance itself from this nasty business. But many of those Pakistanis have made good. Who knows, those who drowned off the coast of Sicily too might have made good? DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970114 ------------------------------------------------------------------- CDNS: a supra-cabinet ------------------------------------------------------------------- Abbas Rashid WITH the formation of the Council for Defence and National Security a number of things have happened. The army's role in the affairs of the state has been institutionalised at the highest level, its regular input in governance assured; our parliamentary system of government, in effect, has moved closer to becoming a presidential one; in the absence of representatives of the provinces and the presence of federal ministers, it is also a more centralised and less federal system; a supra-cabinet is now in place with a system that is much closer to Turkey's without there being any apparent legal or constitutional sanction for it being so. At another level, the CDNS is a kind of insurance policy for President Farooq Leghari. He cannot afford to see former prime minister Benazir Bhutto return to office, nor can he trust Nawaz Sharif  the man considered most likely to form the next government  not to start asserting himself against the president once he is safely in place. With the CDNS, the prime minister will be cut down to size and the president will have been assured 'continuity' as a virtual executive head for this term and beyond. Which also means that elections have now become fairly certain. The advent of the CDNS was attended by a considerable degree of confusion. Just before its existence was formalised by a presidential ordinance and the amendment of the rules of business, caretaker Prime Minister Malik Meraj Khalid declared emphatically that he had no knowledge of anything of the kind being on the anvil. Then there was considerable verbiage expended by the caretakers aimed at underlining the supposed distinction between the National Security Council idea favoured by General Ziaul Haq and the council at hand. To start with, the change in nomenclature is apparently meant to reassure all those who are concerned about a continuation, even enhancement, of the Zia legacy by President Leghari via the new institutional arrangement. Those not so easily persuaded are meant to find relief in the distinction, made ad nauseum by members of the caretaker cabinet, to the effect that CDNS will only function in an advisory capacity and is not meant to be a supra-cabinet body. Unlike Zia's national security council, it is not a constitutional body nor, emphasise the caretakers, does it contravene the Constitution. It is essentially meant to facilitate consensus at the highest levels between the country's political and military leadership, enabling speedier and improved decision-making, presumably with a little help from the senior bureaucrats present. As such, its membership consists of the following: the president, the prime minister, foreign minister, defence minister, interior minister, minister/adviser for finance, chairman of Joint Chiefs of Staff Committee, Chief of the Army Staff, Chief of the Naval Staff and Chief of the Air Staff. So what then are we to make of the CDNS? For a start, the idea that such a body would have a purely advisory function is utter nonsense. Obviously, a body that consists of the highest civilian and military brass in the land is not about to take kindly to its 'advice' being turned down. It goes also without saying that some of its members will be more equal than others. Even if the civilian six stand together, it is unlikely that they will assert themselves against the military four, if the past is any guide. Also the presence of the latter virtually guarantees that the next government will not be able to do away with this new 'arrangement.' Hence, if continuity is assured we have taken a giant step towards transforming our political system from a parliamentary to a presidential one. Let us here remind ourselves of the fact that it is the president who heads and convenes the CDNS while the prime minister attends as an ordinary member. Clearly, the effect is one of reaffirming the president as an executive head  an anomaly in a parliamentary system. In a recent PTV discussion, three ministers of the caretaker regime, Messrs Shahid Hamid, Shafqat Mahmood and Irshad Haqqani, responded to these concerns along different lines. Haqqani's thesis was interesting and perhaps central to the caretakers' operative framework. Essentially, he said, politicians fluffed it after the restoration of democracy in 1985. More so, the governments that came in after 1988 let the people down. Further, accountability today is a widespread demand and it has to be decided if the country is ready for yet another government of the same kind of performance if given "a 100 per cent free hand." Society's imperfections are reflected in the legislature and as such the legislature to be elected will again be far from perfect and not very different from the last four, despite the steps that the caretakers have taken. Hence, according to Mr Haqqani, people have started seeking an arrangement that can bring collective wisdom to bear on issues pertaining to important matters of state. In other words, what we have here is a prescription for restraining the next government as well as the legislature since we expect these to perform as badly as the last four have done. And since the politicians are the ones to have let the people down, it is clear that the political wing of the CDNS will not be the one supplying most of the wisdom. Mr Shahid Hamid, a man of few words, restricted himself to emphasising the advisory nature of the CDNS. He did not say why in that case there was such a rush to form this body and why it could not have been left to an elected government to do the needful. On another occasion he also suggested that the CDNS was aimed at providing substance to the position of the president under the Constitution. Even if his reading of the Constitution on this point were to be accepted as accurate, it is difficult to see how 'substance' could be provided without a 'substantial' amendment to the Constitution. Senator Shafqat Mahmood asked an interesting question: in effect, are we to let the country collapse while we pursue some abstract democratic ideal? Of course, the corollary of this rhetorical question is that less democratic strategies will ensure that the country will not collapse. Obviously, this is tenuous logic. But in a sense this is the heart of the problem that the nation faces on the eve of its 50th birthday. Yes, democracy has not delivered. We are now running out of options as well as time. And people find it increasingly difficult to believe that a democratic process which allows for the most phenomenal excesses of corruption as well as incompetence and suffers from a profound absence of institutional content will in the fullness of time transform itself into the kind of framework that nations need to realise their potential and shape their destiny. But how does involving the army and giving it a much greater role in governance take it any nearer to our goal? The Pakistani state and society is still far from recovering from the effects of 11 years of General Zia's rule. The legacy which some of our political leaders are also proud to own included an unprecedented rise in organised ethnicity and sectarianism, and the introduction of the heroin and Kalashnikov culture. Let us also not forget that many in the martial law regime did not exactly set high standards of honesty and integrity in office. And neither was General Ayub Khan's rule the unmixed blessing that it is held out to be. Even as the rate of growth climbed under the tutelage of the Harvard Advisory Group  and we now have a variation of the latter in the form of World Bank and IMF representatives running the economy  the income inequalities and tension between the Eastern and Western wings rose sharply with grievous consequences that manifested themselves very soon after Ayub's departure. So, where does that leave us? In desperate straits. And the answer does not lie in coming up with institutional arrangements that dilute democratic and federalist norms, but in giving substance to democracy and federalism. For, if the civilian-political leadership has proved itself incapable of running the country surely the military dictator who has from time to time usurped power for long periods, has proved himself equally, if not more, incompetent. The apprehension then is that such arrangements in the absence of thoroughgoing reform in all spheres pertaining to society, politics, economy and defence may only serve to further confound governance rather than facilitate the pooling of wisdom that Mr Haqqani and others of his ilk optimistically refer to. The army, of course, has always been a strong presence behind the scenes. It can always use its influence positively within the existing institutional arrangements such as the defence committee of the cabinet. Bringing all kinds of issues pertaining to state and society almost directly within the army's realm is hardly a recipe for good governance. For while the CDNS does little to enhance the capability of those whose primary task it is to address these matters, it pushes the army into areas that it is neither trained nor oriented to deal with. And an assertive general can quite easily forget that his primary task is not that of governance but of securing the country's borders. It is instructive, however, that a newspaper survey has put two- thirds of its respondents as supporting the formation of the CDNS. It is difficult to say much about the size and representativeness of the sample and hence about the accuracy of the results. But it is certainly not impossible that such sentiment exists for there can be no doubt that there is greater disillusionment today than perhaps ever before with political parties, institutions of civil society, and as a consequence even with democratic norms. But what the civilian-political elite and its military counterpart has to realise is that this is a buck that cannot be passed. It is the former that will have to find within itself the competence, integrity and the vision to take charge and to do the job it is supposed to. Alternatively a grass roots movement can come up with a new order but that is another story altogether. In any case, it is not for the military to preside over the enterprise of governance. An arrangement such as the CDNS may work if it has a clear focus and does not contravene the requirements of a democratic and federal parliamentary system but it cannot do the politicians' job for them. According to a newspaper report, in the first meeting of the CDNS the military top brass have asked for the process of accountability to be speeded up. (But the top leadership of the main political parties is apparently to be exempted from the process so as to ensure that they do not have grounds for boycotting the elections). The question that President Leghari who chaired the meeting needs to ask himself is whether, apart from a mandate, he and the caretaker government have the credibility and the political will to undertake such an exercise seriously. Considering that President Leghari even went to the extent of amending by ordinance the definition of a loan 'defaulter' and lost the services of perhaps the most respected member of the caretaker team, Fakhruddin Ebrahim, in the process, it is very likely that what we will see in the coming days is a partisan drive against one political party rather than the initiation of a process of significantly improved governance under the aegis of the Council for Defence and National Security.

===================================================================

SPORTS

970115 ------------------------------------------------------------------- Pakistan's 8-wicket victory over West Indies ------------------------------------------------------------------- Qamar Ahmed SYDNEY, Jan 14: If Pakistan's eight-wicket win over the West Indies, their first in this World Series against them is taken as the rehearsal of the best of the three finals to be played between the two countries then Pakistan can look forward to the glorious days ahead. One hopes that it is a precursor to better results but Wasim Akram's men ought to make sure that they do not suffer from a false sense of superiority after their victory over West Indies which had eluded them in this series. West Indies having lost their first two matches to Australia in the World Series last month were given the lease of life by Pakistan who lost to them. Since the West Indians have not looked back as they beat Australia in the third Test and kept their winning streak going before tonight when Pakistan got the measure of them. Pakistan's well-deserved victory at the SCG was win having put West Indies in and bowled them out for 181 in the 48th over with Saqlain Mushtaq and Waqar Younis making life difficult for them. Their job was made easier later by an opening partnership of 90 between Aamir Sohail and Inzamam-ul-Haq who delighted a crowd of 19,011 with their stunning stroke-play. Aamir made 55 with nine fours before being bowled by Jimmy Adams and Inzamam later was caught at the wicket by Junior Murray off Patterson Thompson for 42 having batted for 125 minutes. For Pakistan in fact it was an easy sailing as Ijaz Ahmed, the man in form, and Zahoor Elahi picked up runs at will. The two put-on 58 runs for the third wicket unbroken stand to steer Pakistan past the required score. Ijaz made 43 in 42 balls and Zahoor 31 in 45 deliveries. Aamir and Inzamam were the ones whom Pakistan lost in quest of runs. This thumping win over West Indies is itself a commentary on Pakistan's progress in this series. Saqlain, the Man of the Match must be proud of his colleagues who took over from where he had left. The West Indians, who in their every victory in the current series of one-day matches, had chased the set target successfully were restricted to only 181 before being out in the 48th over. Brian Lara was rested and so were Courtney Walsh and his bowling partner Curtly Ambrose but that had nothing to do with their batting failure against Pakistan. After being put in they were in tatters on a wicket on which the ball came slow off the wicket. The Pakistani bowlers, Saqlain Mushtaq and Waqar Younis, had their fair share taking four and three wickets for 17 and 35 respectively. Only Shivnarine Chanderpaul, who made 72 and Adrian Griffith, who scored 47 and a shared 106-run stand for the third wicket, offered resistance as wickets tumbled and the Pakistan bowlers took a firm hold on them. Sherwin Campbell was caught in the first slip by Inzamam-ul-Haq off Waqar Younis in the third over. Junior Murray and Chanderpaul put on 40 for the second wicket when Saqlain struck in his second over and had Murray taken at deep square leg for 22. Chanderpaul, the most consistent batsman for West Indies, however cruised along reaching his fifty in 84 ball and with four fours. Mushtaq Ahmed, who gave away 44 runs in his seven overs, ended his flourishing innings as he came in for his second spell. Wasim Akram took a waist high catch at cover when Chanderpaul when 72. >From 156 for 2, West Indies crashed to 181, losing their last eight wickets for only 25 runs. Saqlain brought back for his second spell had Adrian Griffith caught at mid-wicket by Aamir Sohail when 47 and Roland Holder was leg before on the second and fourth ball of his fifth over and later Waqar also bagged two wickets in his ninth over. Robert Samuels was leg before and the captain, Carl Hooper, was caught at mid-wicket by Aamir Sohail. And when Jimmy Adams played on to Saqlain and Mushtaq ran Nixon Mclean out, Wasim Akram came back to knock out Patterson Thompson's middle stump to get one wicket. Scoreboard WEST INDIES S.L. Campbell c Inzamam b Waqar 3 J.R. Murray c Ijaz Jnr b Saqlain 22 S. Chanderpaul c Akram b Mushtaq 72 A.F.G. Griffith c Sohail b Saqlain 47 R. Holder lbw b Saqlain 2 J.C. Adams b Saqlain 11 R.G. Samuels lbw b Waqar 3 C.L. Hooper c Sohail b Waqar 1 I.R. Bishop not out 2 N. McLean run out 1 P.I.C. Thompson b Akram 2 Extras (b6, lb4, w5) 15 Total (47.3 overs) 181 Fall of wickets: 1-10, 2-50, 3-156, 4-159, 5-160, 6-165, 7-169, 8-176, 9-179 Bowling: Waqar Younis 10-1-35-3 (2w) Saqlain Mushtaq 9-0-17-4 Wasim Akram 8.3-1-17-1 (2w) Mushtaq Ahmed 9-0-51-1 (1w) Ijaz Ahmed 3-0-16-0 Aamir Sohail 8-0-35-0. PAKISTAN Aamir Sohail b Adams 55 Inzamam-ul-Haq c Murray b Thompson 42 Zahoor Elahi not out 31 Ijaz Ahmed Snr not out 43 Extras (b1 ,b4, w7) 12 Total (2 wkts, 40.2 overs) 183 Fall of wickets: 1-90, 2-125 Bowling: Bishop 7-0-20-0 (2nb) Chanderpaul 3.2-0-19-0 (3w) Thompson 10-1-64-1 (2nb, 1w) Adams 8-2-30-1 (2w) McLean 5-0-28-0 (1w) Hooper 6-0-21-0 (0w) RESULT: Pakistan won by 8 wkts Man of the Match: Saqlain Mushtaq (Pakistan) DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970112 ------------------------------------------------------------------- Jansher slams Olympic failure of 'white officials' ------------------------------------------------------------------- LONDON, Jan 11: Pakistani world champion Jansher Khan could face disciplinary action for making accusations that "white officials" in charge of squash have failed to get the sport into the Olympics. Jansher, the record eight-time world champion, claims in 'Squash Player' magazine that there is a conspiracy amongst the top officials who he believes do not want to see an Asian win an Olympic gold and are failing the game at all levels. His comments were dismissed by Professional Squash Association (PSA) executive director John Nimick, who said he was surprised Jansher has never presented his concerns about lack of Asian influence to the PSA. Nimick said "The Hi-Tec PSA Super Series and the explosion of television coverage contradicts Jansher's view that the PSA is doing nothing for the sport." Nimick could fine Jansher who, only three days ago, was banned for four weeks and fined a thousand pounds for pulling out of last month's Mahindra International three days before the Bombay tournament was due to start. The PSA chief executive points out that the World Squash Federation is the body recognised by the International Olympic Committee rather than the PSA, which chiefly represents the players, and that it is Australian players who have the greater right to feel let down at this time. He said "It would benefit Australian squash players if they got into the 2000 Olympics in Sydney because they have several medal prospects. "However, they are being rebuffed by both the Sydney organising committee and by the IOC." The WSF has sought Olympic participation in Barcelona, Atlanta and Sydney. Ted Wallbutton, the WSF chief executive, says every squash player in the world will share Jansher's frustration that the game cannot gain Olympic recognition while badminton, baseball and other sports have. DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS*DWS 970113 ------------------------------------------------------------------- Jansher raps PSA's 1-month ban on him ------------------------------------------------------------------- Bureau Report PESHAWAR, Jan 12: World Squash Champion Jansher Khan has condemned the decision of Professional Squash Association (PSA) to impose a ban on his entry into the world squash circuit for one month for his last-minute pulling out of Muhindra International tournament last month, and asked the authorities of the Pakistan Squash Federation (PSF) to take serious notice of the PSA decision to save the Pakistani players from such decisions in future. Talking to DAWN, Khan termed the PSA decision unjustified and unreasonable. The world squash champion rejected the impression that he withdrew from the event on security reasons. Rather he added, his decision was based on purely personal reasons. He said that he had informed the PSF authorities about his inability to appear at the Bombay tournament which, he added, was duly conveyed to the PSA authorities. Terming the PSA decision unjustified, Jansher said there were some other players, too, who also pulled out from Muhindra International, but the PSA had not taken any notice of them. He maintained that he withdrew his name from the tournament before draws were taken out while a couple of players from Australia and Egypt's number one Ahmed Barada pulled out their names after the tournament organisers completed draws. "The PSA decision is based on bad intentions and it should have not adopted double standards", the world champion said. Replying to a question whether the zero number imposed on his record for missing the Bombay event would have any adverse affect on his international ranking, the world champion replied in the negative. He maintained that he had already been declared the World No 1 in the fresh world ranking announced on Jan 1. Whereas, he added, the ban could not affect his ranking as well because during the one month period there are no major 3events to take place, and he was scheduled to play his first tournament - the Australian Open - of 1997 at Australia from Feb. 13 which would be the international circuit's first tournament, he remarked. Rejecting PSA's claim that the Muhindra International was a major supporter of squash, the champion said that Pakistan was the biggest supporter and promoter of the game because, he added, it organised seven major squash events every year while India had only one tournament - Muhindra International - at its credit for the whole year. He said before banning him the PSA should have reconsidered the services of Pakistan for the promotion of the game. He also said that he was giving more business to PSA than Muhindra because he had been offering five percent of the prize money of every tournament which he won during the last ten years. He expressed satisfaction over PSF authorities taking up the issue on his behalf and asked them to pursue it seriously to avert such happenings again in future against Pakistani players. Back to the top.

Dawn page