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CHANGE OF POLICY ON PRIVATE POWER PROJECTS
ON CONTEMPT, PUNCHUPS, CONSTITUTION FOR NAWAZ SHARIF ALONE AND DOING WHAT ONE LIKES
GOOD GOVERNANCE
THE ROAD THAT GOES NOWHERE
THE JUDICIARY GOES HAYWIRE
According to an article in the Daily News the govt and its policy makers(IMF/WB) have come to the conclusion that the previous private sector power policy which was totally in favour of the IPP's needs to be totally revised. Thus international donors have reccommended a competitive mechanism for new power projects to ensure transparency. That will include adjustments in tariffs, elimination of cross subsidies and a swift and strict implementation of structural reform measures. That will be done to avoid a force majeure or default declaration by Wapda during the next year. However one must warn them that structural reforms leave organisations dead in the water rather than becoming vibrant working organistions. The IPP's have caused a loss of 57 billion due to tax exemptions alone. The previous policy also praised by the WB offered very high fixed returns thus creating a liquidity crisis. Wapda paid 17 billion to IPP's this year. Next year it will have to come up with 52 billion and 91 billion by the year 2000. The cost to Wapda of private power will be Rs. 2.68-3.61 while it can produce at 1.56-1.70 inits own power plants. This situation they say will lead to a substantial raise in power rates which will in turn slowdown the economy. Therefore one suggests that subsidies to the entire private industrial and export sector be ended as have subsidies to the people and the public sector. Policies need to be rationalised to benefit the people rather than the industrialists and exporters.
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Nawaz Sharif also wants the right to call any SC judge to appear before the national assembly for questioning(or upbraiding).All this would turn the national assembly into a doghouse with judges being called up every day to explain their judgements and comments. It shows that the national assembly has no respect whatsoever in the minds of its legislators, the people , the governing elite or the beaurocracy.
Two of nawaz sharifs henchmen or jiyalas namely K.asif and P. rasheed who are also charged with contempt of court yesterday beatup their former crony akram sheikh a lawyer and former head of the SC bar association in the SC premises. In doing so they hurled threats and abuse at the lawyer and the SC CJ. In the PPP govt jiyalas were assigned relatively low ranked positions but nawaz has assigned jiyalas to relatively important positions but their attitudes and behaviour however remains that of what are known in pakistan as goondas.
In related developments there is news that nawaz called of an address to the nation on public television either because it is too cold at 2130pm or because the army chief told him to put it on hold till after he arrived back from a trip abroad.
Be prepared for this crisis to fizzle out or a new prime minister will be addressing us in the next few days. Nawaz Sharifs brother Shahbaz Sharif(Lahore) is said to be the top candidate for the job as PMLn now regards Nawaz Sharif as unstable and unable to handle/reject radical advice. The other candidates mentioned are Gohar Ayub( a nono as the power center wud not shift from Hazara as Nawaz Sharif also represents a Hazara constituency) and Chaudhry Nisar Ali Khan(a beneath the surface player who lacks a firy approach) from Taxila/Rawalpindi. Anyway a few disqualifications seem to be in order.
Added on 19-11-1997
It is becoming apparent that Nawaz sharif and his cohorts/henchmen regard themselves as above the law which is the major cause of the current crisis. Anyway Nawaz has been finally indicted and that means that he and his cronies are guilty as charged. Another motive for the current hubbub is that some of nawaz sharifs cronies think that they will become more popular if they strut around showing contempt for the judiciary by word or action. They must realize that while that works when one is in the opposition it usually falls flat with the masses when one is in govt. Anyway it seems that the president is finally coming out of his anti PPP cocoon and is trying to stand up forwhat is right. In his new anti crookedness campaign he has supposedly refused to sign the amendment to the contempt law. Seeing his popularity dropping his two arranged addresses to the nation speeches on PTV were ditched at the last moment witout explanation. To get his way Nawaz is using threats and abuses as well as having opposing lawyers punched. He is threatening to impeach the president for disobedience and physically threatening the CJ via gestures and midnight phonecalls. His lawyer S. M. Zafar who has acted as a friend of the court before is presenting his case very badly and is trying to use political innuendo and supposed friendliness as a defence. That will obviously not work and Nawaz might have to beg the president to sign the amendment as his only way out. His thinking is that that even if the charges are proved and a sentence given against him the appeal process under the new amendment will give him sufficient time to plan Sajjad Ali Shahs removal and the appointment of a friendly, punjabi and pliable Chief Justice. While Nawaz might still save his skin in the short run such attitudes will only lead to his eventual ruin.
Added on 21-11-1997
In some dramatic developments in the contempt crisis the SC suspended the operation of the contempt law amendment which leaves no option for nawaz sharif but to accept the judgements of the SC. That he is obviously obliged to do under the constitution. The President who had conspired with Nawaz to remove Benazir has also refused to sign the amendment into law. Before this the president seemed to have Nawaz over some barrel as Nawaz accepted all the presidents advice rather than vice versa. Before this action the president and Nawaz were in a sort of coalition with both patting each others back individually. Now Nawaz who is considered a lamb by many is in open confrontation with the president and the SC. What will his father say? to such confrontation. It was rumoured in the past that the Parent sharif had advised his son to try to force his opponents on all issues but if they dont budge than to submit himself. In punjabi they say that " Dabka maro na daba tey khud dub jao". Following that rule the Nawaz govt decided to impeach the president and summon the CJ to appear before a parliamentary privilege committee (unconstitutional attempt). But despite having the support of his parliamentary party five hours later he backed off supposedly on the orders of the Chief Of Army Staff. This is the third time in the last three days that the COAS has ordered the prime minister to desist from serious mischief. The PMLn it has been rumoured was formed by army intelligence and latest happenings lend credence to that rumour. The matter now awaits a decision on the contempt case from the SC. According to rumours the decision will force the PMLn to decide on a new premier.
Added on 23-11-1997
The contempt case has been adjourned till the 28th to give time for the defense to prepare its case. Before that the CJ said that the expunging of words from National Assembly debate proves contempt. Apparently Khawaja Asif, PMLn MNA referred to the CJ as "Beghairat~dishonourable". The response from the PMLn lawyer was that it referred to the people who called the NA members 200 donkeys. The NA speaker and secretary again refused to provide the court with the expunged material. In related news the SC refused to stay the 13th amendment which ended the presidents powers to remove a govt. Methinks that the 13th amendment has made the Supreme Court the most powerful institution in the state heirarchy as now the prime minister can only be removed either by the Chief Election Commissioner or the Supreme Court ie legally. The other power center is still the Chief of Army Staff who seems to have more than enough influence. Muted calls are beginning to appear in the press for Nawaz to resign.
Added on 24-11-1997
There seems to be an impasse at the moment in the contempt case crisis. The PMLn is trying to say that everything has been solved while at the same time carrying on consultations to avoid what is going to occur. The SC is going ahead with several important cases which might result in Nawaz Sharifs removal. The thinking in the PMLn still seems to be that it is a rift rather than a serious court case. Outsiders see it as a serious error in judgement on the part of Nawaz Sharif not to accept the right of the SC to adjudicate on any contentius matter beit contempt /illegality/ unconstitutionality/or a matter of not following any law. It is still thought that the PMLn has decided on a successor in the case the need arises. It is also being surmised that a supreme national security council might be formed in the near future. Previously the president formed such a council during the caretaker regime but it had no legal cover and thus did not last long. It has also been revealed that former caretaker Meraj Khalid and PPP minister Mustafa Khar also received ISI funds. Literally the entire political establishement seems to consist of present or past intelligence operatives. Usually no cases are initiated against such intellipoliticos whatever they might do.
ADDED ON 26-9-1997
There is a major headlined story in one newspaper that the nawaz sharif govt might be replaced by a technocrat govt. Such a govt means that people who have worked with UN agencies and some influential beaurocrats would form such a govt. It is however not reflected in other newspapers which suggest that the PMLn is still thinking about ousting or nullifying the powers of the president and the Chief Justice whom they think to be their main opponents. The Motorway inauguration was overshadowed by the decision of a two member bench of the SC-Quetta bench which suspended the Chief Justices appointment.A case was filed in the Quetta seat of the Supreme Court challenging the appointment of the CJ in line with the Judges Case decision. What everyone forgets is that the Judges case decision did not stop the appointments of junior judges to the position of CJ. It only mentioned that it is the legitimate desire,aspiration and concern of seniormost judges to be appointed the CJ's in the Supreme Court and High Courts. The new CJ only has to be appointed in consultation with the CJ of the SC in case of the Supreme Court and in consultation with the CJSC and the CJ of the High Courts in the case of the High Courts. The Judges case only gives a seniormost judge the right to challenge his rejection if the proper procedure has not been carried out. One wonders how an ordinary citizen who is obviously not affected by the elevation of any judge can challenge such a decision. Most of the cases of this nature have been filed by Nawaz Sharif supporters in an attempt to forestall his own removal.
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The World Bank president James Wolfensohn was apparently brought down and stopped for hours while overflying India in a pakistani government plane. As a person advocating good governance he does not seem averse to misusing pakistani hospitality. One wonders why a pakistani plane was sent to bangladesh to transport the WB president on the next leg of his journey?? Or did the pakistani govt expect some undue favours in return for the misuse of a pakistani plane?? Even in pakistan helicopters and planes were made available to James which are considered a luxury by some and due to past experiences even ministers avoid using such facilities. Ministers thus tend to use foreign dignitaries to get themselves airlifted.
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The crowning glory of Nawaz Sharifs two terms in office the Motorway was inaugurated today with much fanfare and speeches by Mr Motorway(sic)(as he cant think of anything else) himself. The motorway has been the butt of a lot of political jokes.One of which goes like this: it is just a road between nowhere. That explains how it is designed with no direct links between cities but u can slip on or off it. Some areas which have not been granted direct access to the motorway are duly miffed with the designers. Most of nawaz sharifs speeches seemed aimed at his innocent supporters who do not see the reason for a Rs 70 billion road to nowhere when they are poverty stricken, lack normal developed facilities in several important sectors and are being kicked out of the few jobs that are around.The poor in the areas concerned will never be able to use the road because of the high entry fees being levied by DAEWOO the contractors. It has also been stated that the road is nowhere near total completion especially with regard to service and catering facilities along the road. Several entry points are also still incomplete. They say that the inauguration has been hastened because of there being nothing visible to the people especially with regard to Nawaz Sharifs policies. The process was quickened it is said due the need of funds by the Korean Daewoo( contractor and part financier) which has close personal ties with the prime minister thus implying corruption. In fact some also state that Nawaz Sharif asked for some time from the powers that be to inaugurate the road stating that after that he would be free to leave power. At several points he even lambasted his supporters for such criticism by stating that without roads nothing is possible. He obviously forgot the existing network of roads which have been robbed by the motorway of much needed funds for repair and renovation. For example the countries main artery that is the N-5 is being renovated since 1974 and is still nowhere near completion. The assurance being held out to the people of the areas that the motorway will enhance development has not been truly backed up by substance. For any real development in the area huge funds to the tune of several hundred billion(compared to the 300-400 billion which Benazir allocated to karachi during her two terms) would have to be made available for any worthwhile industry to be set up. It is a relatively huge project but Daewoo only used about 8000 people to construct it which shows how little manpower is needed nowadays despite the astronomical level of spending(by pakistani standards.) In general one felt that nawaz sharifs speeches were generally childish in nature probably reflecting the nature and thinking capabilities of his advisors and audience. At one point he suggested that such grandiose schemes are the product of his mind rather than any carefull planning and design process. Nawaz who could be termed a right wing politician is they say attempting to become a populist ala Zulfikar Ali Bhutto. But one must suggest that populism cannot be achieved by loud speeches alone and requires the leader and his advisors to listen to people as well as solve their collective problems at least to some minor extent. Most of pakistans political leaders are prone to loud speechmaking eversince the success of Zulfikar Ali Bhutto.
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In one day the judicial system of the country was shaken to its roots. One crisis followed another in breathtaking succession. There were reports of a new prime minister being whetted and the the president and prime minister disagreed yet again. In the first decision the Supreme Courts Quetta bench forced its registry to schedule a case immediately which had previously been refferred to the Islamabad registry. The SC judges than went on to suspend the appointment of the Chief Justice of Pakistan as not having been made according to the rules.They also advised the President to appoint an acting Chief Justice.The two judges Irshad Hasan khan and khalilur Rehman were previously CJ's of the Punjab High Court.The prime minister advised the president to appoint Ajmal Mian as the acting Chief Justice who refused. The Chief Justice immediately suspended the decision of the Quetta bench as being unconstitutional and against the rules and scheduled it for first hearing the next day. He also suspended the two judges of the Quetta bench for deliberately not following the rules. One of the Quetta judges Justice Irshad Hasan Khan precipitated the original rebellion against the Chief Justice by stating that the CJ does not discuss things with them. In related action the karachi bench of the SC sent a petition of Nawaz Sharif to the Chief Justice to reconstitute the bench hearing the contempt case. In which a rule was cited that if the Chief Justice takes first cognizance of contempt than the next available or two seniormost judges should head the bench hearing the case. Since now almost all the judges have in a way incriminated themselves it would be difficult to find a judge with a clear conscience who could give a decision in accordance with the law without considering ones personal and political priorities. The situation is tailor made for a change in govt but there are only backroom channels available to all players as none of them can in theory decide in the best interest of the country. If the country comes thru this without a change of govt than one will have to consider pakistan totally stable and its political and judicial authorities as semi-geniuses.The countries constitution will than also have passed its most difficult test yet.However there are many difficult tests ahead. The 8th amendment might be revived and the president might be impeached and the National Assembly might want to force the CJSC to answer its privilege motion in person. The SC might jail the prime minister or it might disqualify/remove him on the charges of contempt or not following the constitution. According to one newspaper Nawaz Sharif is quickening the process which might cause his removal in ways other than those thought of at present.It is also becoming apparent that Nawaz sharifs popularity is slipping. It all started with the firing of 20000 people in Sind followed by the sacking of HBL and UBL workers. The reaction to that has been bad despite the golden handshakes as it was revealed that the private sector bosses brought in to handle HBL,UBL and PTCL were being paid around 300000 a month. According to one newspaper that had literally sold its soul to support Nawaz Sharif the crowds at the receptions for the inauguration were literally lacklustre and had been brought in by deputy commisioners and other conniving beaurocrats in confiscated public transport. That is usually the first sign of dropping support when party supporters start backing off from wholehearted support.
Added on 28-11-1997
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