KASHMIR IS INDIA'S GAZA

Indian PM Modi visits disputed Kashmir for the first time in five years

Visiting the Muslim-majority Kashmir Valley for the first time since 2019, Modi said that Kashmir's development was a priority for India as it sits like a crown in the country's north.



REUTERS

Schools were shut and exams postponed as thousands of government employees gathered for Modi's meeting. / Photo: Reuters

Indian Prime Minister Narendra Modi has made a historic visit to the disputed region of Kashmir, marking his first trip to the territory in five years.

The Muslim-majority region is administered by India and Pakistan in parts and claimed by both in full. A small portion is also held by China.

The region has been a contentious point of contention for decades, with periodic escalations leading to military confrontations and diplomatic strains.

Thursday's visit comes against the backdrop of India's recent actions, such as the abrogation of Article 370 in 2019, altering the special status of Kashmir.

The Himalayan region has been transformed and integrated with the rest of India, Modi has claimed, crediting the change to his government's contentious decision to revoke its special status.

Visiting the Muslim-majority Kashmir Valley for the first time since 2019 — the year the status was revoked — Modi said that Kashmir's development was a priority for India as it sits like a crown in the country's north.

"This new Jammu-Kashmir has the courage to overcome any challenge," Modi told thousands of people attending a public meeting at a stadium in Srinagar, the region's summer capital, amid tight security.

"The country is seeing these smiling faces of yours ... (and) feeling relieved to see you all happy."

'Awaiting for decades'

Modi's visit to a region roiled for decades by violence comes weeks before general elections in which he will seek a rare third term.

Although his Hindu nationalist Bharatiya Janata Party (BJP) is not a key player in Kashmir, the visit is seen as a signal to its voters that the party has fulfilled a core promise to end Kashmir's special status.

"This is the new Jammu and Kashmir we had been awaiting for decades," Modi added, listing achievements and investments made during the last five years.

Exams postponed for Modi's visit

Armed security personnel guarded downtown areas of Srinagar, commandos in boats patrolled its scenic Dal Lake, and the use of drones was banned. Schools were shut and exams postponed as thousands of government employees gathered for the meeting.

Modi has said Kashmir's special status allowed it a measure of administrative autonomy that held back its development and his government has unveiled several investment and infrastructure projects.

Kashmiri politicians who opposed revocation of special status criticised Modi's visit.

"This visit is only meant to ... drum up support amongst the BJP's core constituency in the rest of India for the upcoming parliament elections," Mehbooba Mufti, a former chief minister and former BJP ally, posted on social network X.

India PM Modi praises Kashmir transformation on first visit in 5 years

Online News EditorMarch 7, 2024

New Delhi, Mar 7 (EFE).- India’s Prime Minister Narendra Modi said on Thursday that Kashmir has undergone a significant transformation and experienced freedom since the Indian government revoked its special semi-autonomous status five years ago.

Modi made the remarks during his first visit to the Indian-administered region since the contentious withdrawal of its semi-autonomous status nearly five years ago.

“This is the new Jammu Kashmir that we had been waiting for decades,” Modi said, addressing a packed stadium in Srinagar.

The Hindu nationalist leader said that the revocation has granted freedom and opened up “new opportunities” for the residents of Kashmir to pursue their “dreams.”

On Aug. 5, 2019, the Indian parliament abolished Article 370 of the constitution, which had granted semi-autonomous status to the state of Jammu and Kashmir, and allowed it to enact laws and have its own constitution, among other provisions.

The decision, bringing Kashmir under the direct administration of New Delhi, also resulted in unprecedented restrictions in the region, including an extended 18-month internet shutdown, to forestall protests and revolts.

Modi attended Thursday’s gathering under tight security measures, with security forces maintaining a vigilant presence around the stadium and nearby areas.

Over the past few days, thousands of armed police and paramilitary forces were deployed on the main roads of Srinagar, conducting door-to-door searches and random checks of pedestrians and vehicles across the region.

The city also underwent an intense facelift, adorned with thousands of posters and flags of Modi’s party, the Bharatiya Janata Party (BJP), displayed throughout the city.

Modi’s visit to the Muslim-majority region comes ahead of the Indian general elections, expected between April and May, where he is seeking a third consecutive term.

During the visit, schools were closed, and employees from at least 10 government departments were instructed to attend the prime minister’s rally, official sources told EFE.

Modi also inaugurated several projects worth $169 million to boost the Himalayan region’s tourism sector.

The picturesque territory has been a longstanding point of contention between India and Pakistan since their partition in 1947.

India has consistently accused Pakistan of supporting “terrorism” and insurgency in Kashmir, a charge Islamabad vehemently denies. EFE

sa-hbc/bks/ks

 

Indian PM Modi visits Kashmir for first time since special status revoked

Narendra Modi (L) during an exhibition ahead of the ‘Viksit Bharat Viksit Jammu Kashmir’ at the Bakshi stadium in Srinagar on Thursday. AFP

Indian Prime Minister Narendra Modi on Thursday made his first official visit to Kashmir's main city since New Delhi stripped the region of semi-autonomy and took direct control of it in 2019.

Addressing a crowd in a soccer stadium in Srinagar, Modi announced development projects, and said previous governments had misled people over the region's now-scrapped special status.

"The success story of Jammu and Kashmir will be the center of attraction for the world," he said, saying that the region has prospered since the 2019 move. "I have always said that the hard work I am doing is to win your hearts. I will work towards winning your hearts further,” Modi told the crowd.

Modi and his party have accused Kashmir’s pro-India parties of being corrupt, misleading Kashmiris and promoting separatism in the region. Kashmiri politicians, who say their special status was a constitutional guarantee, have called Modi divisive and anti-minority.

Thousands of armed paramilitary troops and police in flak jackets maintained extra vigilance across the Kashmir Valley. Modi’s two previous visits to Kashmir after its status was changed were to the Hindu-dominated city of Jammu.

Modi did not mention plans to hold elections in the region or to restore its statehood, both demanded by Kashmir's pro-India political parties. The last election for the regional legislature were held in 2014, but the government elected then was dismissed in 2018.

In 2019, Modi’s Hindu-nationalist government revoked the region’s semi-autonomous status, annulled its separate constitution, split the area into two federal territories — Ladakh and Jammu-Kashmir — and removed inherited protections on land and jobs. The Muslim-majority region is now run by unelected government officials and bureaucrats.

India's powerful home minister, Amit Shah, has repeatedly promised that the region would be regain statehood after elections.

In December, India’s Supreme Court upheld the 2019 decision and asked the government to conduct state polls by September.

HEAVY SECURITY

Ahead of Modi’s visit to Srinagar, government forces laid razor wires and erected checkpoints on roads leading to the venue. They randomly frisked residents and searched vehicles, while navy commandos in motorboats patrolled the Jhelum River that snakes through the city.

Authorities ordered thousands of government employees, including teachers, to attend the meeting, and most schools in the city were closed for the day.

Thursday’s event is seen as part of Modi’s campaign ahead of national elections scheduled in April and May.

Kashmiri politicians who opposed revocation of special status criticised Modi's visit. "This visit is only meant to ... drum up support amongst the BJP's core constituency in the rest of India for the upcoming parliament elections," Mehbooba Mufti, a former chief minister and former BJP ally, posted on social network X.

Associated Press

 

EXPLAINER
India’s Modi visits Kashmir: How has the region changed since 2019?

Here’s a look at Narendra Modi’s government policies and how they have affected Kashmir since the region’s semi-autonomous status was taken away.

Published On 7 Mar 2024

Indian Prime Minister Narendra Modi on Thursday made his first visit to Kashmir since his government’s controversial 2019 decision to scrap the region’s special semi-autonomous status.

Addressing a crowd at a football stadium in the region’s largest city, Srinagar, Modi claimed that the removal of Article 370, which granted a measure of autonomy to Indian-administered Jammu and Kashmir, had ushered in development and peace.

“I am working hard to win your hearts, and my attempt to keep winning your hearts will continue,” Modi said even as the region was placed under a security blanket, with thousands of soldiers and paramilitary forces deployed and new checkpoints set up.

The 2019 decision was hailed by the Hindu nationalist movement that Modi represents, but was met with anger in Kashmir – one of India’s only two Muslim-majority regions – which has seen a decades-long armed rebellion against Indian rule.

Since then, Modi has visited Hindu-majority Jammu region, but has stayed away from Kashmir, until now, on the eve of the 2024 national elections.

Modi and his government have claimed that the scrapping of Article 370, and their subsequent policies in Kashmir, have helped transform the region for the better.

Here’s a look at key changes brought to Kashmir by Modi’s government since 2019:

Special status under Article 370 removed

Article 370, which was enshrined in India’s constitution signifying Kashmir’s unique relationship with New Delhi, granted the Himalayan region a large measure of autonomy: Kashmir had its own constitution and flag, it could make its own laws in all matters except finance, defence, foreign affairs and communications.

Until 1965, the Indian-administered region had its own prime minister under whom property and domicile laws were passed to protect the interests and territorial rights of the region’s Indigenous people.

However, successive Indian governments watered down the autonomy, leaving the region, in some cases, with fewer powers than other states in India’s federal structure. The region had become heavily militarised after armed rebellion erupted in the late 1980s.

The 2019 revocation of Article 370 resulted in the loss of Kashmir’s flag, criminal code and constitutional guarantees. Several Indian states have laws in place to protect the tribal and Indigenous populations. Kashmir no longer does.

In December 2023, the Indian Supreme Court upheld the 2019 decision. Kashmir has been a major source of conflict between India and its neighbour, Pakistan, for more than 75 years. Both countries claim Kashmir in its entirety but govern only a portion of it.

Indian-administrated Kashmir bifurcated into two

Indian-administered Jammu and Kashmir was bifurcated into two regions – Jammu and Kashmir in the west and Ladakh in the east. Neither region has statehood any more, as a consequence of the Modi government’s 2019 decisions.

Both are governed directly from New Delhi.

But people have expressed their grievances against their lack of democratic rights, with Ladakh too seeing frequent protests for more political rights and authority in local governance.

No elections for state legislature

The two new regions – Jammu and Kashmir, and Ladakh – have been without a state legislature since 2019. The last state elections were held in 2014 – the year Modi first came to power.

In December 2020, the first local elections took place to elect 280 members of District Development Councils (DDC) across Indian-administered Kashmir’s 20 districts. The DDC members, however, do not have the power to amend or introduce laws.

There have also been elections to fill seats in the village councils, also called panchayat, and municipal bodies, but they have very limited power, with the region ruled by New Delhi’s representative and bureaucrats.

India’s Supreme Court in December ordered the government to hold local elections by September 30, 2024.

Kashmir’s pro-India political parties have been demanding that elections be held in the region.

Modi and his government, however, have not indicated when they will hold the elections.

Clampdown on free speech

In the wake of the 2019 decision, New Delhi cracked down on rights activists and local politicians, imposed sweeping restrictions on free speech and shutting down the internet for months. Authorities used “antiterror” laws to arrest Kashmiri activists and journalists.

Human rights groups, including United Nations agencies, have criticised New Delhi for its rights violations in Kashmir.

On Friday, Kashmiri journalist Aasif Sultan was rearrested under an “antiterror” law days after his release from prison after five years. Sultan, the former editor of the now defunct Kashmir Narrator magazine, was arrested in 2018 for “harbouring militants”. His family has denied the allegations.

In November 2021, prominent Kashmiri activist, Khurram Parvez was arrested under the Unlawful Activities (Prevention) Act (UAPA). Kashmiri journalist Irfan Mehraj, who was previously associated with Parvez’s human rights organisation, was also arrested. UN experts and Amnesty International have condemned the arrest of Parvez and called for his release.

Journalist Fahad Shah, the editor of independent news portal Kashmir Walla, was released in November 2023 after more than 600 days of confinement under the “antiterror” law.

Journalist Sajad Gul was arrested in January 2022 under the stringent Public Safety Act (PSA), which allows the detention of an individual without trial for six months.

A global report on internet censorship in 2022 found that Kashmir experienced more internet shutdowns and restrictions than any other region in the world.

Lack of protection for local communities

The Indian government also removed Article 35A of the Indian Constitution, which barred outsiders from permanently settling, buying land and holding local government jobs in the Muslim-majority region.

Other Indian states such as Himachal Pradesh, Uttarakhand, Jharkhand and Odisha continue to safeguard the property rights of local residents, mostly tribal or Indigenous people.

Non-Kashmiris can now buy property in the region. This has prompted fears that the Modi government is trying to engineer a demographic shift in the Muslim-majority region.

These fears were further fuelled by a new domicile law for Indian citizens that the Indian Ministry of Home Affairs introduced in April 2020.

Under the domicile law, those who have lived in the Indian-administered region for 15 years, or have studied for seven years and appeared in secondary or high school-leaving examinations in educational institutions located in the region, are eligible to become permanent residents. Children of government officials who have served for 10 years in the region are also granted domicile status.

This law too has made Kashmiris fearful of permanent settlement by outsiders, including the family members of Indian security forces. Leaders from Modi’s Bharatiya Janata Party have rejected that there are attempts to alter the demographics of the region.

Indigenous communities in Kashmir, and Ladakh are also affected by environmental damage and an influx of tourists. Kashmir’s Dal Lake is choked with sewage and its farmers suffer as a result of illegal river mining, and Ladakh is struggling to mitigate flooding and landslides.

Attempt at delimitation in Kashmir

The New Delhi-run local authorities have also redrawn assembly constituencies that many Kashmiris fear are aimed at the democratic marginalisation of Muslims.

A delimitation commission is assigning more legislative seats to the Hindu-majority Jammu region – where the BJP has wide support – than Kashmir Valley, despite the latter having a higher population. The total seats from Jammu region are expected to rise to 43 from 37, but only by one in Kashmir – to 47 from the existing 46, in effect changing the balance of power within the legislature.
Armed attacks continue in Indian-administered Kashmir

Modi’s ruling BJP government has said that Article 370 was abrogated to wipe out “terrorism” in the region and it has claimed that its policies have improved the security of the region.

However, armed attacks have continued in the region, causing deaths among civilians, security forces and rebels. Since 2021, attacks against Indian soldiers in districts like Rajouri and Poonch in the Jammu region have increased.

Ajai Sahni, the executive director of the Institute for Conflict Management in New Delhi told Al Jazeera in December 2023 that most of the recent killings of security forces took place in army-initiated operations. “I don’t believe that normalcy has returned after Article 370 abrogation,” said Sahni.

The South Asia Terrorism Portal (SATP) reported that the incidence of killing in the Indian-administered Kashmir went from 135 in 2019 to 140 in 2020 and further rose to 153 in 2021. While the number of incidents dropped to 72 in 2023, 33 security forces were killed in the year compared with 30 in 2022, where 151 incidents took place.

SOURCE: AL JAZEERA

SEE

Hinduism Is Fascism

INDIA

Why not directly elect a tycoon?

Jawed Naqvi 

DAWN

March 5, 2024 

STAND-UP comedian Kunal Kamra has made a stimulating point about the growing venality of Indian politics, chiefly the way it has evolved over the last decade. Kunal’s point, which he first minted a few years ago, was one of many he offers impishly and usually faux-persuasively. “Why don’t we elect Mukesh Ambani directly?” That was the quirky question he posed to a cheering audience of mad hatters.

In other words, why should voters waste their vote to elect those who Ambani or any other tycoon would finance to be elected to parliament when it could be cheaper to undercut the middleman, the politician. There would be no need for the opaque electoral bonds, nor any need for quid pro quos. “Who would dare to take suitcases full of currency notes to Ambani? It would be an unnecessary effort.” The comment evoked unalloyed laughter and the picture of tainted stockbroker Harshad Mehta came to life, the one who allegedly proffered a suitcase full of cash to former PM Narasimha Rao.

Kunal’s quaint thought crossed one’s mind again as Mukesh Ambani sat watching the younger of his two sons speak last week to an invited elite in the company of the pretty woman he would marry. The audience heard the son’s emotional speech indulgently and Ambani could be seen wiping tears from his fatherly eyes. Invitees included American businessmen and political entities, most notably led by Ivanka Trump. There were reports of Hillary Clinton showing up, as she had done at previous Ambani weddings, but it would have been perhaps excessive for her to be seen in the same frame with Donald Trump’s feisty daughter.

Besides, Joe Biden, who Hillary had helped create as president by causing the removal of Bernie Sanders from the race in 2020, is on a slippery slope against Trump ahead of the November polls. For our purposes, the abiding fact is that whoever gets the US presidency, Ambani would be in clover with the winner. TV grabs of Gautam Adani’s presence at the pre-wedding gala completed the picture of the power play at work. In 2013, a bunch of these and other businessmen decided to name Narendra Modi as their prime ministerial candidate and threw their weight and money behind him. In other words, they were wary of a Congress-led alliance coming back to power, particularly one in which a scion of the Gandhi family might lead the coalition.

A closer look at Kamra’s outlandish idea reveals an untold truth. The Modi government does resemble a massively advertised business enterprise.

Were these the heirs of businesses Mahatma Gandhi saw as the “trustees of new India”? Gandhiji held several fellow Gujarati-speaking tycoons close to him. They, in turn, swore by his leadership of the Congress, and through it to India’s independence. There is a view that the business community — Gandhi’s trustees — saw Liaquat Ali Khan’s performance as interim finance minister under Nehru’s premiership as too socialist for them to accept a future without partition.

Nehru approached the tycoons differently, not without a hint of suspicion. There were independent exposés by the media during Nehru’s tenure that targeted big names in India’s corporate cluster. A Bengali journalist researched and published a book on G.D. Birla, for example. Called The Mystery of Birla House, the book documented details of tax evasion by the over- and under-invoicing of massive transactions by Gandhiji’s close friend. Such exposés seldom find their way to keen readers in India. A well-researched biography of Dhirubhai Ambani by a Western journalist was mysteriously blocked from sale in India, and activists used photocopied versions to share its shady details.

Similarly, the story goes that Birla bought the entire first edition, and the second edition too. Eventually, he bought the copyright of the book by Debajyoti Burman, which would have gone into oblivion but for a solitary copy that found its way to Delhi’s Nehru Memorial Library. With the money, Burman started a leftist press. Nehru’s Gujarati-speaking son-in-law also exposed underhand businesses in his role as Congress MP. Indira Gandhi went a step further and nationalised their private banks and Rajiv Gandhi warned the tycoons to get off the backs of the Congress workers. It stands to reason that the media today, mainly TV channels owned by Congress-baiting businesses, spare no occasion to slander or lampoon Rahul Gandhi.

A massive opposition rally in Patna on Sunday was designed to rattle the ruling establishment in Delhi, which it did, although TV channels expectedly airbrushed the mammoth gathering. Rahul Gandhi’s presence as a lead speaker must have been even more worrying. Gandhi has been the rare leader together with expelled opposition MP Mahua Moitra who named names of tycoons close to Prime Minister Narendra Modi. Gandhi even flashed a picture in the Lok Sabha on one occasion of Modi travelling in Adani’s private jet. The alleged transgressions in terms of crony benefits gained by businesses, of course, go beyond Modi travelling a tycoon’s jet on this or that occasion.

A closer look at Kamra’s outlandish idea reveals an untold truth, however. The Modi government does in a way resemble a massively advertised business enterprise. There are no press conferences, and as a board meeting functions, there are few clues available from any cabinet meeting about what might have transpired. Therefore, let’s consider the election of tycoons to parliament on one condition, that they hold at least two press conferences per year. The citizens want to know their views not only on the economic parameters of governance, which no doubt would be professionally handled. But given the complex nature of India’s political reality, it would be useful to be privy to the views of the businesses on the steady transformation of India into a majoritarian state.

How do the Ambanis, Adanis and others regard the daily occurrences of communal and caste violence, for example, that drives the politics of majoritarianism? Acknowledging this core concern alone, even if it flows from a cynical profit motive, could make Kamra’s fantasy seem less contrived than the illusion of a ‘new India’ being doled out endlessly.

The writer is Dawn’s correspondent in Delhi.
jawednaqvi@gmail.com

Published in Dawn, March 5th, 2024

Indian farmers say detentions foil Delhi protest

Reuters Published March 7, 2024 

NEW DELHI: Dozens of protesting Indian farmers were detained en route to New Delhi on Wednesday, forcing them to call off their plan to converge on the capital in their demand for higher crop prices, protest leaders said.

Thousands of farmers, mostly from the northern state of Punjab, launched a “Delhi Chalo” (Let’s go to Delhi) march last month demanding higher guaranteed prices for their produce but were stopped by police about 200km (125 miles) north of the capital.

Protest leaders had planned to resume the protest on Wednesday, urging farmers across India to head for the capital by bus and train since their tractors had been blocked and tear gas and water cannon used to disperse them.

Farmers started moving towards Delhi but had been stopped by police in some states, said a statement from the Samyukta Kisan Morcha (non-political), or United Farmers’ Front, one of the two groups leading the protests.

Fifty farmers from one district in the northern state of Rajasthan were taken into custody on Tuesday night while others travelling to Delhi by train from the same state were detained at a police station on Wednesday, farmer leaders told reporters.

Rajasthan police denied detaining any farmers.

“We have not detained anybody in relation to the farmers’ agitation.

There has been no mass movement from here in relation to the protest,“ Utkal Ranjan Sahoo, Rajasthan’s police chief said.

Farmers from other central and northern states are expected to arrive in Delhi on Thursday, said another protest leader, Ramandeep Singh Mann.

Farmer groups from southern and western India also said they were preparing to join the protests.

“The farmers remain determined to enter the city. Their resolve to fight for their rights has only strengthened in the face of obstacles,” Mann said.

The protests come weeks before national elections in which Prime Minister Narendra Modi is seeking a rare third term.

A similar but larger protest two years ago, which saw farmers from more groups camped at Delhi’s borders for months, forced Modi to repeal some farm reform laws in his biggest political defeat.

Published in Dawn, March 7th, 2024

Shell Pakistan swings back to profitability

The Newspaper's Staff Reporter

March 7, 2024 

KARACHI: Shell Pakistan Ltd (SPL) posted a profit-after-tax of Rs5.8 billion during 2023 compared to a loss of Rs72 million in 2022 as sales rose to Rs438bn from Rs418bn.

In October 2023, Shell Petroleum Company Ltd, a subsidiary of Shell plc (Shell), signed an agreement to sell its 77.42pc majority interest in SPL to Wafi Energy LLC. The completion of the transaction is subject to requisite regulatory approvals, completion of legal requirements and satisfaction of other closing formalities.

The mobility business continues to provide best-in-class customer value propositions for customers across the country, with the introduction of 27 new sites and modernising of its existing network.

Shell Lubricants continues to maintain market share despite industry challenges, says a press release.

Indus Motor suspends production

After a gap of over three months, Indus Motor Company (IMC) has again suspended production activities for six days till March 11.

In a stock filing on Wednesday, IMC said the decision was taken based on the current low level of inventory and the shortage of parts and components due to supply chain challenges.

IMC witnessed its last plant shutdown from Oct 17 to Nov 17, 2023 and since then production activities remained normal due to some relaxation given by the central bank for opening letters of credit in the last quarter of 2023.

However, an overall massive drop in import of completely knocked down (CKD) kits by the car assemblers to $37 million in January 2024 from $104m during December 2023 suggests that SBP has again restricted LCs for parts imports which may also force other assemblers to halt their plant operations.

Plant shutdowns had gripped the auto sector from August 2022 after almost a ban on LCs imposed by the SBP to control the ballooning current account deficit.

BAHL declares dividend

Bank Al Habib Ltd on Wednesday announced a 50 per cent final cash dividend.

The annual general meeting was held to approve the annual accounts for the year ended on Dec 31, 2023. The final dividend is in addition to the 90pc interim cash paid earlier making the total payout at Rs14 or 140pc per share.

Published in Dawn, March 7th, 2024Follow Dawn Business on Twitter, LinkedIn, Instagram and Facebook for insights on business, finance and tech from Pakistan and across the world.

PAKISTAN

Estranged PML-N leader urges govt to roll out privatisation agenda in energy sector

Ikram Junaidi 

March 7, 2024 

ISLAMABAD: Former prime minister Shahid Khaqan Abbasi on Wednesday urged the Shehbaz Sharif government to implement the agenda of privatisation, particularly in the energy sector, as the greater involvement of the private sector is the key to addressing economic crisis.

He was addressing as the chief guest at the inaugural session of the 16th CSR Summit and Awards-2024 organised by the National Forum for Environment and Health (NFEH) at a hotel on Wednesday.

On this occasion, 77 companies were given awards for their outstanding philanthropic work in the last year for the welfare of the deprived communities in the country.

While eulogising the role of private companies in the development of underprivileged communities, the former PM said that privatisation was the only way forward for the new government to overcome the economic crisis as the rulers and bureaucracy couldn’t run the economy as per the requirements of the present day world.

He said that energy sector problems massively accounted for the current economic crisis, and the agenda of privatisation should be implemented without any further delay to resolve these issues.

Abbasi was of the view that privatisation should be carried out in the energy sector in a speedy manner to save it from sheer bankruptcy.

He said the power and energy sector companies were unable to clear their liabilities for long against the electricity, oil, and gas they purchased as they had already been on the brink of bankruptcy.

He urged the new federal government to urgently roll out the agenda of privatisation of the loss-making distribution companies in the power sector whose ownership shouldn’t remain with the state any more.

The former PM said that precedent was available to the government in the form of Karachi Electric, which, as a DISCO, was being efficiently run after privatisation. Other DISCOs should be privatised in the same manner, he said.

He lamented that the bureaucracy in Pakistan couldn’t implement such market-driven modern solutions to save the national economy as the bureaucrats were still reliant on decades-old administrative options that don’t work anymore.

Speaking as the guest of honour, Ambassador of Denmark to Pakistan, Jakob Linulf, shared with the audience the Danish success story of effectively tapping renewable energy sources in the country to decrease its reliance on fossil fuels for power production.

He informed the audience that Danish companies took with them the same vision of protecting the environment and fighting the issue of climate change when they went overseas to do business.

Speaking as the other guest of honour, the High Commissioner of Sri Lanka, Admiral Ravindra C Wijegunaratne, informed the audience about the massive global welfare initiative launched by the Sri Lankan nation by donating their eye cornea after death to restore the vision of blind people around the world.

He said that out of 88,000 eye corneas donated by people from Sri Lanka, some 35,000 were used to benefit Pakistani people with impaired vision, showing the strong bond between the two countries.

He said that a 38,000-strong workforce was available in Sri Lanka, comprising doctors, para-medical staff, and volunteers, to safely perform the cornea donation will of the deceased Sri Lankans.

MNA Nafisa Shah called for the adoption of a legal framework to formalise CSR initiatives in Pakistan.

She assured the audience that the relevant standing committees of the new house of the National Assembly would hold formal hearings to encourage and promote CSR work in Pakistan.

NFEH President Naeem Qureshi said the CSR summit organised every year went a long way in promoting the causes of community uplift, reforestation, poverty alleviation, skill development, healthcare, and educational projects for the deprived people in Pakistan.

Published in Dawn, March 7th, 2024Follow Dawn Business on Twitter, LinkedIn, Instagram and Facebook for insights on business, finance and tech from Pakistan and across the world.

PAKISTAN

Question of age

Parties have declined and their support base has shrunk but the families remain in charge.

POST-MODERN FUEDALISM

Arifa Noor 

DAWN

March 5, 2024 

SHEHBAZ Sharif is the new prime minister of Pakistan and the first one to sit in this chair for consecutive terms; he is also the second to get here after having served as chief minister of Punjab. He first headed Punjab in 1997, which was 27 years ago.

The election season is yet to end, with the approaching vote for the new president and some Senate seats. It’s perhaps safe to say, Asif Ali Zardari will soon be the new president of Pakistan, a position he last held over 10 years ago, though, of course, his political career began in 1990 when he won a seat in the National Assembly some 34 years ago. The new Speaker of the National Assembly, Ayaz Sadiq, is now settling down in this position for the third time, having first won a seat in 2002.

The first row of PML-N parliamentarians is just as experienced and familiar with the National Assembly. While the people who spoke from the opposition benches as the new parliament met included first-timer Barrister Gohar Ali Khan and the relatively younger Omar Ayub and Amir Dogar (these new faces have reached the front row thanks to the crackdown on the PTI, which has forced many among its senior lot to leave or get stuck in jail), they were answered by Khawaja Asif, Rana Tanveer and Ahsan Iqbal, who again trace their political careers back to the 1990s.

And now, before you wonder what I am on about, let me get to the point.

Pakistan is a young country and it is also one which is changing rapidly, due to its demography, urbanisation, economics, and much else. And this change from below is putting pressure on our politics and parties. If the tectonic plates below are moving, politics on the surface cannot, and should not, remain as it was decades ago. And for those who watch politics closely, this is obvious in the parties and movements which are winning the people’s approval. Unfortunately, however, the more established stakeholders seem either oblivious or resistant to change. Government formation at the moment is a case in point.

Parties have declined and their support base has shrunk but the families remain in charge.

How else does one interpret the decision to have the same faces which have been dominating the political landscape for the past three decades? It is worth pointing out here that the names doing the rounds as possible cabinet members also tend to be from the same crop — Ishaq Dar, Khawaja Asif, Ahsan Iqbal and Rana Sanaullah, with very few new, inspirational faces.

This is not simply an abstract argument. The voting patterns on Feb 8 have taken everyone by surprise as has the soaring popularity of Imran Khan and the PTI. Indeed, it is worth pointing out the upswing in support for the PTI, which became evident in the aftermath of the vote of no-confidence, was not expected to last. Both the PTI and the rest of the parties expected it to be short-lived, which is why the PTI wanted elections quickly in 2022, while the PDM wanted to delay them. The latter felt time would dampen the zeal of the PTI supporter and give them time to stabilise the economy. Both proved near impossible. And now, two years later, the party is even more popular than it was in April 2022.

While many factors have fed into the unprecedented victory of the PTI, one of them is just a population’s vague desire for change. Fresh faces, new ones. And yet, the older parties, confident in their wheeling dealing, continue with their old ways and old leaders.

This is partly because of family-dominated parties. Who is going to tell them that they might not be able to attract the voter anymore? Parties have declined, their support base has shrunk and even become irrelevant, but the families remain in charge. The society beneath them is moving on while the leadership is clinging on.

The second problem here is that those who are used to a different time find it difficult to grasp and diagnose new challenges.

Take the PML-N. It is convinced its support has been affected only due to inflation and the economy. And apparently, its prescription is that the moment the economy improves under its watch, now that they have been brought to power, all will be well and the polity will go back to 2018.

This has been lent credence not just by rumours swirling around about possible cabinet members, in addition to the familiar figures who that have already staked their claim. This is also the sense one gets from the inaugural speech of the new chief minister of Punjab, Maryam Nawaz Sharif. A balanced and temperate speech, it was nonetheless one that was about the old-style PMLN agenda — big ticket development projects, metro bus projects, a cleanliness project which the new chief minister will supervise herself, laptops and scholarships.

But, I wondered as I heard this that if all this worked, why hadn’t the PML-N won the election against an opponent who wasn’t even allowed to contest? If the only issue was inflation, why was the PTI able to emerge as a contender in Punjab, a process which began before 2022? But it seems no one in the older parties is willing to ask this question. The party continues to work on old assumptions.

The PPP is no different. Bilawal Bhutto-Zardari ran a vigorous campaign in Punjab but failed to make any headway. Was it due to his past association with the PDM government? Many think so. And now the party goes ahead and takes constitutional positions, as if the voters will be able to view this as different from being in government. And then it also nominates leaders for these positions who fit right in with the PML-N crowd, reminiscing about the times the cordless phone reached our homes.

The rumblings beneath the surface are not about to end soon. And if the stakeholders pay no attention, they might just stumble into the cracks that emerge.

The writer is a journalist.

Published in Dawn, March 5th, 2024

PAKISTAN

X disruption

DAWN
Editorial 

March 7, 2024 

DESPITE a court order directing the restoration of citizens’ access to popular microblogging platform X and past rulings against the blockage of internet services, the social media service has remained inaccessible in Pakistan for more than two weeks.

Though such decisions are usually officially ‘justified’ by the authorities based on some pretext or the other, this time, the state does not seem too bothered about providing any explanation as to why users are being denied access to X.

This ‘strategic ambiguity’ from the authorities has added to the confusion surrounding the status of the service in Pakistan.

For example, according to an account shared by one of the lawyers representing a case against the suspension of X, a representative of the Pakistan Telecommunication Authority — which, among other things, also regulates internet access — flatly denied that the service was blocked during a Tuesday hearing on the matter in the Sindh High Court.

He then attempted to convince the judge by pointing to an open X application on his phone as ‘proof’ of a claim that flew in the face of the findings of various international internet watchdogs.

The question arises: if the country’s top regulator is claiming that it is not doing the blocking, who, then, is preventing access to X?

The recently departed caretaker government had acted as if the matter was no big deal: none of the relevant ministers had deigned to comment on or explain why anyone within Pakistan’s territorial boundaries could not access one of the most popular social media platforms in the world without a VPN, even though they were posting on the platform periodically during their last days in office.

The silence from official quarters has continued even though new assemblies have been sworn in, which suggests that the authorities aren’t very concerned that a major internet service remains suspended, apparently without the knowledge of the country’s top regulator.

Given the state’s nonchalance, one would naturally assume that the authorities are either afraid to speak openly on the matter or are deliberately misleading the courts while hoping that the citizenry will quietly accept this new ‘status quo’ over time.

Neither is an acceptable scenario. X is a valuable source of information for millions around the world, and access to it cannot be denied arbitrarily. The state must, at the very least, explain itself.

Published in Dawn, March 7th, 2024

PAKISTAN

Minerals economy

Umer Farooq 

DAWN

March 7, 2024 

X: @umerasks
The writer is a policy advisor in the Policy and Economics Branch of Energy and Natural Resources, Government of Canada.


AS the dust settles from the recent elections and the formation of government, it’s clear that the previous coalition is taking the reins of power. In their limited previous term, Shehbaz Sharif and his cabinet highlighted Pakistan’s mineral resources — (over)estimated at $6 trillion — as the linchpin of the country’s economic revival. The ambition aligns with the global race for green energy transition that has seen a rise in mining activities globally. However, having mineral resources does not suffice; the focus is on navigating a complex and competitive global mining landscape.

It takes decades to convert mineral deposits into a mine. Patience is key in the economic ecosystem of mining. The identification of ‘critical minerals’ stands at the forefront of strategic resource management. All mining-centric economies regularly update their list of critical minerals that reflects the shifting sands of economic, strategic, and technological priorities. Does Pakistan have a list of priority minerals? No, not at this point.

For Pakistan to rise in the mining sector, an essential step involves determining which minerals hold the greatest value and potential. Once that has been done, the new government will need to design a comprehensive policy to cover the entire minerals value chain. This would include i) upstream — the exploration and extraction of minerals; ii) midstream — processing and refining; and iii) downstream — manufacturing the products for the end-user. Overlooking a single piece of this chain could derail the anticipated outcomes for the entire sector.

The reliance on domestic capital is important for national prosperity; however, mining is an industry where initiatives to attract the interest of global investors are compulsory. The successful revival of the Reko Diq project shines as the country’s beacon of hope in this area. Apart from that, the establishment of a new federal initiative, the Special Investment Facilitation Council, to de-risk the project investment is important: however, the settlement of the Reko Diq project through international arbitration and legislative support remains a cautionary indicator for foreign investors. It is anticipated that the SIFC will be able to prevent such events and act as a pivotal concierge service for future mining projects in the country. An enhanced mandate for the SIFC must guide both the federal and provincial regulatory regimes in terms of facilitation in this challenging area.

We want to develop the whole value chain of minerals.

At the heart of every mining endeavour lies a stark reality: most projects fade away in the exploration phase, never reaching the stage of operation, let alone fruition. We are standing at the starting line. Let us value the economy of the Reko Diq project. Figures may vary, with some estimates of the project deposits at over $100 billion — keeping today’s prices in view. The project, with its promise of an aggregate turnover and exports of above $2bn per year, 7,000 jobs during the peak construction phase, and a staggering annual output of 80 million tonnes of gold and copper concentrate, paints a picture of opportunity that invites foreign interest. This comes with a projected $7bn infusion of — mainly foreign — investment, with over $250m already poured into exploration and feasibility studies. These numbers don’t only speak to the potential of Reko Diq project and mining, they also whisper of prosperity and invite foreign interest in other minerals.

Exaggeration and overestimation of deposits tend to bring dire consequences that can result in regional grievances. The recent discoveries of high-value minerals in Pakistan came out of Balochistan and KP — provinces at odds with the federal regime. Such overestimates fuel regional discontent. Presently, minerals account for merely 2.5pc of the country’s GDP. Asser­tions of a leap above 5pc associated with mineral exports are misleading.

We are not at the stage where mining will bridge the import-export gap, enhance GDP, help social well-being, or fund government spending in the short term. It’s a myth until we reach downstream manufacturing, a decades-long goal. We don’t want to be a resource-exporting country forever; instead, we want to develop the whole value chain of minerals. Nevertheless, we must avoid turning mining hopes into another CPEC — promising but unfulfilled. For mining to significantly benefit Pakistan’s economy, transparency is crucial, unlike CPEC where it is missing. For the major part, Pakistan will still rely on its agriculture and industry sector where the latter could be improved by bringing minerals development into the economic framework.

Published in Dawn, March 7th, 2024

PAKISTAN

The second coming

Zahid Hussain

DAWN

 March 6, 2024 

THE newly elected prime minister has set an ambitious target for his minority government propped up by half a dozen disparate groups. He vows to steer the country back to the shore but with the hazard lights on. It is the second launching of Shehbaz Sharif just a few months after the end of his first stint.

The challenges before the tenuous coalition are, however, much more daunting this time. His first term didn’t have much to show for it, and it remains to be seen how his new government will sail through the choppy waters.

It is not an auspicious start for the new dispensation, with controversy over the legitimacy of the Feb 8 general elections still raging. The pandemonium witnessed on the floor of the Lower House following the election of the prime minister is indicative of the worsening political polarisation in the country, making it harder to achieve the much-needed political stability.

Shehbaz Sharif’s call for political reconciliation has received no traction in the prevailing atmosphere, as the opposition has been pushed against the wall, with scores of political prisoners, including women, still languishing in prison without trial. The latest decision of the Election Commission depriving the PTI-supported Sunni Ittehad Council of its share of reserved seats in the National Assembly has further vitiated the atmosphere.

While the prime minister has yet to announce his cabinet, there is a lot of speculation on its composition. There are still some unresolved issues with coalition partners over the ministries, and it will be hard for Sharif to oblige all six allied parties. Meanwhile, the expected return of old faces doesn’t give much hope to the government to deliver in these challenging times. It’s obvious that the main decision lies with Nawaz Sharif, the elder brother, who would continue to call the shots. He seems to have his own preferences.


Will the government have the capacity to take tough decisions and initiate structural reforms?

The most important question, however, is who will run the country’s economy. Although the possibility of Ishaq Dar returning as economic czar is being ruled out, he is still not completely out of the race. His return to the post would certainly be bad news for the country’s economic future. However, there are some other names being considered for the job.

The real issue, though, is whether the government would be willing and have the capacity to take tough decisions, beyond doing a patch-up job, and initiate some fundamental structural reforms. A major challenge for the new administration would be to undertake the long-pending privatisation of the state-owned enterprises that have been a major drain on the economy. While the PPP has strong reservations, there seems to be no clarity on the matter among the other allied parties.

Privatisation has become a political issue and it may not be easy for a weak minority government, which is completely dependent on the allied parties for its survival, to take a decision on selling state-controlled ventures, including the national carrier PIA and Pakistan Steel Mills, which have been costing the exchequer billions of rupees just to exist.

However, in the economic sphere, the most important question is how to deal with the exploding debt situation. In his inaugural speech, the prime minister lamented that the entire federal government expenditure is met through borrowing. He said little is left in the federal government’s kitty after the transfer of funds to the provinces. That is certainly a major cause of the country’s financial woes.

He has hinted at reviewing the National Finance Commission Award in order to deal with the burgeoning debt burden. But for any review of the NFC award, there is a need for consensus among all the provinces. That seems improbable in the present situation, with the provinces being ruled by different political parties, especially with KP under the PTI’s control. Any change in the existing arrangement would need political reconciliation, which doesn’t seem to be happening in the current atmosphere of confrontation.

Another challenge for the Sharif government would be to negotiate with the IMF for a $6 billion Extended Fund Facility, which is critical to stabilising the economy. Pakistan averted a default last summer because of a short-term IMF bailout, but the programme expires soon. Talks with the global lender for a new package are expected to begin in a few weeks. The Fund has already put forward its conditionalities and the government has to comply with these before any agreement.

Some of them are really unpopular measures that may have severe political repercussions for an already unstable government. The previous Shehbaz Sharif government with Dar as finance minister had a huge problem dealing with the IMF. The country was saved from default virtually at the last minute because of the IMF bailout package.

Interestingly, Shehbaz Sharif has now indicated that he would personally monitor the talks with the Fund. But it would be the commitment to undertaking hard decision-making that will matter, and not his direct interaction with Fund officials. And any possibility of Dar’s return would be disastrous.

The economy cannot be fixed without political stability in the country. Widespread allegations of manipulation of the election results in favour of the parties now in power make it impossible for any reconciliation effort to succeed. Without removing this distortion, there can be no political stability in the country.

It is not just the economy. There are also some pressing issues related to internal security that need broader national consensus among all stakeholders and require taking the opposition on board. The escalating militant violence in KP presents the biggest threat to national security. Political instability has given huge impetus to the militants to step up their terrorist attacks. They have particularly been targeting security personnel and installations. Any confrontation between the centre and the KP government led by the PTI would be disastrous for the country’s internal security.

With both government and opposition on the warpath, there seems to be no hope of things settling down. A government with a questionable mandate cannot bring the stability that is needed to steer the country to safer shores.

The writer is an author and journalist.

zhussain100@yahoo.com

X: @hidhussain

Published in Dawn, March 6th, 2024

PAKISTAN

Zulfikar Ali Bhutto: A case of power, betrayal and judicial injustice

As was evident at the time and became clearer in the years to follow, the trial, conviction, and sentence of Bhutto was a blatant miscarriage of justice.

Rida Hosain  

DAWN/PRISM

Published March 7, 2024 

After Ziaul Haq’s martial law, the prevailing view was that “General Ziaul Haq foresaw one grave, which would contain either his or ZAB’s body” writes Rafi Raza, who was a special assistant to then prime minister Zulfikar Ali Bhutto. As was evident at the time and became clearer in the years to follow, the trial, conviction, and sentence of Bhutto was a blatant miscarriage of justice.

Yesterday, nine judges of the Supreme Court rendered an opinion to the president. In their unanimous view, Bhutto’s trial in the Lahore High Court and the appeal before the Supreme Court did not meet the requirements of the fundamental right to a fair trial and due process enshrined in the Constitution. Over four decades later, in advisory jurisdiction, the Supreme Court has found that Bhutto did not get a fair trial.

First, a brief history.

Bhutto’s path to the gallows

When he rose to power, Bhutto made several pledges: roti, kapra, aur makaan (food, clothing and shelter), a classless society, nationalisation of central industries, an end to the influence and power wielded by feudal landlords. The first PPP election manifesto ended with the following words: all power to the people. His admirers cite the Simla Agreement; his party’s role regarding the 1973 Constitution; his ability to garner the support of people across all strands of society; and his pursuit of an independent foreign policy as examples of his successes.

His critics recall his part in failing to let Sheikh Mujibur Rahman rightfully form a government after the 1970 elections, the creation of the Federal Security Force (FSF), and the rigging — by most accounts — of the 1977 elections which paved the way for Zia’s regime. The FSF was Bhutto’s very own paramilitary force, armed with over fifteen thousand officers. In the words of Rafi Raza, the FSF was ineffective, except when “terrorising political opponents”. Even Bhutto’s own men were at the receiving end of the FSF’s wrath.

J.A. Rahim, one of the founding members of the PPP, was invited to dinner by Bhutto on July 2, 1974. Per Stanley Wolpert, when Bhutto failed to show up hours after the scheduled time, J.A. Rahim left the dinner saying, “You bloody flunkies can wait as long as you like for the Maharaja of Larkana, I’m going home!” When J.A. Rahim reached home that night, FSF thugs stormed into his bedroom, beat him up, and struck him with rifle butts.

Masood Mahmood, the head of the FSF, once responsible for terrorising Bhutto’s opponents and loyalists (on Bhutto’s instructions) would go on to become a key witness against him at the trial.

Zia’s martial law

The trial of Bhutto cannot be looked at devoid of context: the Zia regime was brutal and suspended fundamental rights. Scores of political prisoners including leaders of the PPP were detained and arrested. Martial law regulations gave martial law administrators blanket power to detain individuals to prevent them from acting in a manner prejudicial to the purpose for which martial law has been imposed. Political activity was banned. Political speeches were not allowed. Certain martial law regulations included flogging as a punishment.

An Amnesty International report from 1978 states that political prisoners were sentenced to undergo flogging for “raising slogans against the government”. According to Amnesty, some individuals that chanted slogans in favour of Bhutto, were subjected to flogging as a punishment by the Zia regime. There is no denying that Zia had a special, distinct interest in Bhutto’s case.

A farcical trial

On September 3, 1977, Bhutto was arrested on charges relating to the murder of Nawab Muhammad Ahmed Khan Kasuri. Just over a week later, Justice K.M.A Samdani granted Bhutto bail. Bhutto’s freedom did not last long as in a fortnight, Zia ordered Bhutto to be arrested under martial law regulations. The trial that followed, by any reasonable standard, was a travesty of justice and a mockery of fair trial guarantees.

As retired Justice Manzoor Malik skilfully submitted during the hearings, the investigation in the case was closed in October 1976 on the orders of a magistrate. The investigation was re-opened only after the imposition of martial law. There was no application to the magistrate for varying the order, and effectively the investigation was re-opened while the court order closing it was still in the field.

Thereafter, the state moved an application for the trial to be transferred from the Sessions Court to the High Court. Shockingly, without any notice to Bhutto, the Lahore High Court allowed the transfer application. The immediate, unjust consequence of this was that Bhutto was denied a right of appeal.

At the time of Bhutto’s trial, the chief justice of the Lahore High Court was Maulvi Mushtaq Hussain. During Bhutto’s tenure, Maulvi Mushtaq was said to be sidelined and a judge several years his junior was made the top judge. “Maulvi Mushtaq was not going to forget the way Bhutto slighted him,” writes Hamid Khan. When the bench for the trial was formed, Justice K.M.A Samdani (who had earlier granted Bhutto bail) was excluded from the bench.

Years later, Justice Nasim Hasan Shah, one of the judges hearing Bhutto’s appeal in the Supreme Court, accepted that Maulvi Mushtaq harboured animosity towards Bhutto, and it would have been better that he had not been part of the bench. Despite this, when sitting in appeal, Justice Nasim Shah gave no weight to Bhutto’s desperate pleas alleging Mushtaq’s bias.

Justice Shah was asked in an interview whether Bhutto’s sentence could have been reduced. He said that this could have been done. He claimed that the death penalty was partly due to the weakness of the judges, and partly because Bhutto’s lawyer Yahya Bakhtiar annoyed the judges by failing to argue mitigation of sentence (kuch thori si humaari bhi kamzori thi… kuch [Yahya Bakhtiar] ne humein ek kisam ka naraaz kar diya tha). The interview of Justice Shah is damning, as he admitted that a former prime minister was sentenced to death for extraneous reasons: ‘annoyance’ at the lawyer, and the weakness of the judges themselves.

Part of the trial in the Lahore High Court was held in camera. Public hearings and open justice are crucial elements of a fair trial. There was no justification for part of the proceedings in the Lahore High Court to be held in the absence of the public. In appeal, the Supreme Court found that the Lahore High Court had reasonable apprehension that Bhutto would make further “scandalous allegations” against the Court, which would undermine its dignity, and therefore the in-camera proceedings were justified. This was an absurd finding, as a court cannot deny an accused their fundamental rights in a quest to essentially protect its own dignity and reputation.

Judges are expected to maintain impartiality and independence; however, Bhutto faced judges who harboured animosity towards him. Judges must make decisions based on the law, yet judges sitting in appeal over Bhutto’s death sentence admitted to considering external matters that had nothing to do with the law. A right of appeal is a fundamental aspect of a fair trial, yet Bhutto was denied a right of appeal as the trial was transported to the High Court without any notice to him.

Over 40 years later

Article 186 of the Constitution sets out the Supreme Court’s advisory jurisdiction, and states, “If, at any time, the President considers that it is desirable to obtain the opinion of the Supreme Court on any question of law which he considers of public importance, he may refer the question to the Supreme Court for consideration”. The plain wording of Article 186 states that the President can refer a question of law considered to be of public importance to the Supreme Court for rendering an opinion.

Over the past few weeks, hours were spent going over intricate details of Bhutto’s trial. The questions framed with regards to Bhutto’s trial, conviction, and sentence were largely not questions of law. Some questions require the court to dive into the merits of its earlier decision, other questions require a detailed factual inquiry. The merits of a case decided in adjudicatory jurisdiction (where the review has also been dismissed) cannot be re-opened in advisory jurisdiction. The court cannot go on a fact-finding mission/inquiry in its advisory jurisdiction. Courts revisit decisions in their adjudicatory jurisdiction. Unjust, outright wrong decisions are corrected when subsequent cases come before the Court. Not through an advisory jurisdiction.

In its short opinion, the Supreme Court has stated that it cannot undo the judgment in its advisory jurisdiction. Per the Supreme Court, “the Constitution and the law do not provide a mechanism to set aside the judgment whereby Mr. Bhutto was convicted and sentenced; the said judgment attained finality after the dismissal of the review petition”. The Supreme Court has not overturned the judgment and accepted that since the review has been dismissed, it has attained finality. However, the Court has gone on to opine that there were constitutional and legal lapses and a fair trial was denied to Bhutto.

The core aspect of the opinion was the following question: whether the requirements of due process and fair trial were complied with in the trial of Bhutto. Unanimously, the Supreme Court found that the trial failed to comply with various fundamental rights: the right to be treated in accordance with law (Article 4), the right to life and liberty (Article 9), the right to a fair trial (Article 10A (post the 18th Amendment)). The trial was grossly unjust: biased judges, the prevailing martial law regime of Zia, excluding judges perceived to be in favour of Bhutto, denying a right of appeal, ‘annoyance’ at Bhutto’s lawyer for not arguing mitigation of sentence as was revealed by Justice Shah.

In rendering an opinion that the trial of Bhutto failed to comply with fair trial guarantees and fundamental rights, the Supreme Court holds, “We must, therefore, be willing to confront our past missteps and fallibilities with humility, in the spirit of self-accountability…we cannot correct ourselves and progress in the right direction until we acknowledge our past mistakes”.

As became evident, the decision in Bhutto’s case was about many things, except the law itself. For decades the case would be referred to as a ‘judicial murder’. Ultimately, the highest court and the institution responsible for upholding the death sentence have now effectively accepted it made a grave mistake.

The writer is a barrister and an Advocate of the High Court. She tweets/posts @RidaHosain.