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Smoke and mirrors

WHETHER there is sufficient evidence to conclusively prove a quid pro quo between
Imran Khan and Malik Riaz in the Al Qadir Trust case is for the investigation to
determine.

However, Mr Khan’s version of events surrounding the UK-based National Crime Agency’s £190m
settlement with the property tycoon — which is at the heart of the aforementioned case — is
another story.

It was a disingenuous attempt to pull the wool over the nation’s eyes. Mr Khan said his
government was “given a choice” — either keep the settlement confidential and get the money
back to Pakistan, or undertake litigation in the UK (presumably to prove it was ill-gotten gains in
order to bring it back).

As Pakistan had already, according to him, “wasted $100m in overseas litigation”, they decided on
the first option. But the million-dollar question is, why did the PTI government allow the
individual from whom the money had been forfeited to benefit from its return?

Moreover, it would have been the NCA’s job to initiate criminal proceedings against Mr Riaz, if it
chose to do so. Its website says: “Parties may (and indeed often are encouraged to) settle civil
proceedings without coming to court”.

Also, in cases where suspected proceeds of crime are found to have originated overseas, the NCA
returns the stolen money to the affected states. It is also worth asking why Mr Khan did not
choose to enlighten his cabinet members who, at a meeting in 2019, were asked to give their
consent to the contents of a sealed envelope presented by his aide on accountability Shahzad
Akbar.

That they did so can hardly be termed an informed decision; and to put the onus on the “entire
cabinet”, which is how Mr Khan styled it in his video address, is rather specious. Resultantly, the
£140m that was recovered — minus £50m at which the as yet unsold 1 Hyde Park Place is valued
— went into the Supreme Court account set up to receive the real estate tycoon’s civil liabilities in
Pakistan. This includes Rs460bn the apex court had ordered Mr Riaz’s firm, Bahria Town, to pay
as settlement for thousands of acres it had illegally acquired in Karachi.

In one respect, however, Mr Khan is spot on. He has rightly questioned the credibility of the Al
Qadir Trust case without investigating the other party to the alleged quid pro quo, Mr Riaz.

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Instead, the government is assiduously avoiding even the mention of the extremely well-
connected real estate developer’s name.

Published in Dawn, May 26th, 2023

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Spending spree

THERE can be little argument with the fact that Pakistan’s economy is in dire
straits; as most economists of repute have observed, unless the state takes
immediate and decisive steps for course correction, default and financial chaos will
be our lot. Yet the PDM administration seems to be living in some alternative
universe where the financial management of the state is concerned. Instead of belt-
tightening, the government is lavishing funds on lawmakers, most likely with an eye
on the elections. As reported, the cabinet’s Economic Coordination Committee on
Wednesday approved an additional amount of Rs20bn for lawmakers in the name of
the Sustainable Development Goals Achievement Programme. Under this scheme,
ruling coalition lawmakers get Rs500m each, ostensibly to implement civil works in
their constituencies that will contribute to the SDGs. But instead of sustainable
development, these lavish handouts will sustain many a political career among the
ranks of government loyalists.

It is odd why a government that launched a much-trumpeted (and failed) austerity campaign
earlier this year is doling out such large amounts of money when it only has a few more months —
constitutionally, at least — in power, and when the coffers are empty. Perhaps if the national
treasury were flush with cash, a case could be made for the distribution of funds. But with reserves
slipping into dangerously low territory, the move is highly irresponsible and smacks of politics.
Effectively, only lawmakers belonging to the PDM and parties allied with it will get the funds,
which means that rather than focusing on development, the government is trying to ensure that
with the transfer of cash, many an electable and ‘influential’ will stay loyal come election time. In
addition, there are serious questions of transparency where the money is concerned, as there is no
strict monitoring of how and where such funds are being spent. This means that lawmakers have
been virtually handed over a blank cheque by the government, at the expense of the taxpayer. In
fact, some experts have argued that discretionary funds for lawmakers’ development schemes
should be abolished to help check our profligate ways. The PDM’s economic management — or
lack thereof — has been disastrous thus far. The last thing the coalition should do is squander
billions of rupees in political bribes when the economy is deep in the red.

Published in Dawn, May 26th, 2023

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Killer heat

AS temperatures soar faster and furiously, meteorologists conclude that extended

hot spells will hit every year. Therefore, the government’s cavalier approach
towards heat tragedies is deplorable. On Wednesday, a first-year student in
Khairpur died of the heat after he fainted during a test. Several others also collapsed
at exam centres. Last month, heatstroke took the life of another man as he waited at
a flour distribution point in Hyderabad.

According to a study quoted in The Economist, “between 2000 and 2019, South Asia saw over
110,000 heat-related excess deaths a year”. An IPCC special report on climate extremes inferred
“temperature extremes are shifting globally. Heatwaves are projected to become more frequent
and severe in India and Pakistan”. For these reasons, albeit lamentably late, authorities must
realise that rescue plans should be put into action on a war footing: asphalt expanses peeled off for
green cover and vegetation, fines imposed for every tree felled, vast parks converted into forests,
greenhouses and fountains constructed to improve air quality, and factory and vehicle emissions
scaled down to permissible limits. In a nation roiled by climate calamities, each tree and green
belt has to be shielded as they are forces of alleviation which protect and regulate ecosystems and
employment. Green cover also services sustainable development. As a breathless nation waits for
these goals to take shape, the government, charitable groups and individuals should make
generous contributions of food, shade, water and rest facilities for the outdoor workforce —
labourers, street vendors and policemen — as the heat can exacerbate cardiovascular and
respiratory ailments. Undeniably, progress cannot be made at the cost of shelter and nature; it will
be inutile. So far, global ways to counter the climate toll seem to be at odds with the ones pursued
by our lawmakers; they prefer high-rises and malls to foliage and clean air. Their only choice is to
pause and save lives.

Published in Dawn, May 26th, 2023

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Access and mobility rights

The writer is a senior research fellow at the Institute of Development and Economic Alternatives, and an associa

“I CANNOT walk. The university administration has allocated a hostel room to me

on the top floor and there are no lifts in our hostel. I sit on the stairs and drag myself
up or down the stairs when I have to go back to my room or have to go to class or the
cafeteria. So, I try to come down in the morning and not go up till after dinner. This
is so difficult to do. Sometimes I just miss classes or meals on days when I do not
have the strength to face multiple flights of stairs.”

This is a student at a local university. He cannot walk. There are rooms on the ground floor in his
hostel too. Though he has applied multiple times for those rooms, he has not been allocated one
on the ground floor. Instead, more politically connected or economically stronger students get
those rooms.

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What is clearly needed is public investment in the basic rights of movement for people with
disabilities. Why does the university not have lifts or ramps? It is their duty to provide these; it is
not an issue of extending courtesy or charity.

The student should be allocated a room on the ground floor, of course. This should be part of
university regulations. And it is the right of the individual to have access to and the obligation of
the institution to provide reasonable accommodation. But it does not happen in too many
instances and too many places in Pakistan.

There is little public investment in the rights of movement for

people with disabilities.

This lack of investment in public goods to ensure the rights of movement of persons with physical
disabilities, a responsibility of both society and the state, shows a glaring disregard for individual
rights and human dignity. A child we interviewed, who studies at a special institute that has been
created for the education of children with physical disabilities, told us that though the institute
has buses, it does not have ramps on buses, nor does the institute hire people who can help
children get on the bus or get off it.

“We have to drag ourselves up the steps to get on the bus and we have to jump down the steps and
onto our wheelchair when we have to get off the bus. A number of my friends have injured
themselves while getting off.”

Even where ramps have been made, and only a few places have them, most of the time they are
too steep or difficult to navigate for a person on a wheelchair. It makes it clear that in many places
ramps are made to comply with regulations rather than the spirit of facilitating persons with
disabilities.

The lack of public goods provision leads to a subtler issue as well — one that has a more profound
impact on the quality of life of persons with disabilities. When ramps are not present, when it is
difficult to navigate floors on a wheelchair, when doors have not been widened to accommodate
wheelchairs or when bathrooms have not been fitted accordingly, persons with disabilities have to
depend on others to help them do things they could have done on their own had proper
investment been made. This has an impact on everyday life but it has a greater impact on dignity
and self-esteem.

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A young person we interviewed dropped out of college because he needed his brother or father to
drop him to college in the morning and pick him up every afternoon. With both brother and father
working, it was just not possible so he dropped out. He now wants to apply as a private candidate,
but without academic support and peer interaction that he had when he went to college, it is much
harder. His social life has been severely impacted as well.

Another young person mentioned that his parents do not have the resources to carry out the
needed changes even in the room and bathroom he uses, or to buy equipment that could facilitate
his mobility and make him independent and his life more comfortable. He has to ‘depend’ on his
brother to go to the bathroom. This makes him feel terrible. If the brother returns late from work,
accidents happen. He gets embarrassed. His brother, though a very loving person, sometimes gets
tired or frustrated. The brother feels he cannot have a life of his own as he has to be home at
certain times to help the brother with disabilities and do other chores as well. “It feels as if I am
always imposing on others, and whether they do anything, willingly or lovingly or not, I feel I am
burden on them.”

The larger society does not help either. Most of the time, relatives and acquaintances increase the
social pressure. One student mentioned that even when she does well academically, she feels
others can only see her disability, and more often than not, feel that even her good performance is
due to the ‘pity’ teachers might have felt for her.

The provision of public goods related to access and movement are a right. They impact the lives of
all citizens but for people with physical disabilities it is a make-or-break matter ie the difference
between being able to go to school, college or place of work or being confined at home, the
difference between having a social life and not having one. But we are failing miserably, as a
society and a state, in providing these rights to our fellow citizens.

The writer is a senior research fellow at the Institute of Development and Economic Alternatives,
and an associate professor of economics at Lums.

Published in Dawn, May 26th, 2023

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A forgotten battle

The writer is a lawyer based in Lahore.

A HUNDRED years ago, the Legal Practitioners (Women) Act, 1923, was passed in
British India, with a preamble that read: “An Act for the removal of doubts
regarding the right of women to be enrolled and to practise as legal practitioners.”
The tortuous wording may seem strange. Yet, it was necessary. The legislature was
not taking any chances, not with the dubious jurisprudence emanating from the
high courts of India at that time. In a valorous effort to refuse to read the clear text
of the law, the esteemed judges had held that women were, in fact, not persons — at
least not in a ‘conclusive’ manner.

In 1868, the General Clauses Act was passed, providing that words denoting the masculine gender
also included females. Eleven years later, the Legal Practitioners Act laid out the rules and

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procedures for enrolling qualified ‘persons’ into the legal profession. Since the General Clauses Act
predated the Legal Practitioners Act, there was the added presumption that when crafting new
legislation, the legislature is aware of all existing laws and circumstances. Reading these two acts
together, no other interpretation seemed possible. Women were included in men, and even if not,
surely they were persons?

Right?

Wrong. As the first generation of women who fought for their right to practice law discovered, the
road to equality was fraught with obstacles.

As the first generation of women who fought for their right

to practise law discovered, the road to equality was fraught
with obstacles.

However, due to the lack of precedent, Cornelia’s application for enrolment as a vakil was denied.
The then chief justice of the Bombay high court had reportedly said that a woman should not have
anything to do with the law. A similar outcome resulted from her application to the Allahabad
high court which was split on granting her the right to practise. But with the chief justice’s casting
vote, they decided it would be “impertinent for an Indian high court to admit women before
England had set the precedent”.

Next, Regina Guha and Sudhansu Bala Hazra, both armed with law degrees, applied for enrolment
as pleaders in the Calcutta and Patna high courts respectively. The challenge in the ‘Guha’ (1916)
and ‘Hazra’ (1921) cases stemmed from the fact that the General Clauses Act preceded the Legal
Practitioners Act. Consequently, there was no logical reason to argue that parliament hadn’t
intended for women to be considered persons. Nevertheless, the judges in both cases engaged in
extensive deliberations, ultimately reaching unanimous decisions that women were not, in fact,
persons. Ignoring the time-tested legal maxim of just-read-the-text-of-the-law, the judges insisted
that the legislature could not have intended to include women, even though the word ‘person’ was
explicitly used in the Legal Practitioners Act.

The persistence and tenacity of women like Sorabji, Guha and Hazra eventually led to the passage
of the Legal Practitioners (Women) Act, 1923, which finally granted women the right to practise
law.

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A hundred years later, the promise of true equality in the profession remains unfulfilled. Women
make up less than five per cent of the higher judiciary and bar representative bodies in Pakistan.
Only 4pc of Supreme Court advocates are women. Women lawyers have been demanding greater
representation at the bar and bench, yet the usual response ranges from the inane (‘Asma
Jehangir did it, why can’t you?’) to the trivialising (‘But what about men’s rights? Men get
harassed in courts too’) to the downright insulting (‘appointments are merit-based, not token
seats’). Such reactions are designed to erase women’s fight for equality by not ‘seeing’ the
inequality in the profession.

The lack of maternity leave and childcare support is not considered inequality, despite its unequal
effects on the career progression of male and female lawyers. The absence of sexual harassment
policies at law firms, in courtrooms, in bar rooms, or other legal workplaces is not seen as
discriminatory practice, although its consequences on the lived experiences of men and women
are unequal. The failure to appoint a woman to the Supreme Court for 75 years is not seen as a
deprivation of the rights of half the population, yet provincial representation on the Supreme
Court is taken to be a self-evident and inviolable truth. We do not need signs blaring ‘No women
allowed’ if we can achieve the same result by sidestepping these inconvenient realities.

The underrepresentation of women in the legal field is not unique to Pakistan but our insistence
on ignoring it as a problem definitely is. While other jurisdictions have invested in researching,
debating, and implementing gender-inclusive reforms in the legal profession, our bar councils and
judiciary seem unperturbed by our position at the bottom of all gender parity tables.

The flurry of legislative activity in the past few months including the Lawyers Welfare and
Protection Act and the (now suspended) Supreme Court (Practice and Procedure) Act would have
been great opportunities to address some of these shortcomings. Provisions similar to the ones
allowing for compensation to advocates who are victims of terrorism could have been enacted for
setting up a fund for maternity benefits for female lawyers. While the chief justice’s powers in
relation to the constitution of benches were being curtailed, a requirement for the chief justice to
ensure gender diversity in judicial appointments could have been enumerated.

It is crucial to address these ongoing challenges, whether through legislation or judicial

reinterpretation, and work towards fostering a truly inclusive legal profession and guaranteeing
meaningful participation of women in law.

The writer is a lawyer based in Lahore.

Published in Dawn, May 26th, 2023

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A divine sign

The writer is an educationist with an interest in religion.

WE are living in the 21st century, which is considered the century of technology.
Modern equipment such as computers, mobile phones, the internet, home gadgets
and thousands more are all manifestations of technology.

Thus, technology has given us many gifts that have made our lives relatively hassle-free. These
gadgets have become part of our daily life. They have created thousands of job opportunities.
From communication to entertainment and travelling to warfare, every aspect of life has been
impacted by technological advancement.

Today, with the help of technology and science, a person can measure the depths of the sea as well
as scale great heights. Science and technology have also enabled man to explore space. It has

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helped us discover thousands of secrets contained in the universe. This has provided
extraordinary means of learning to millions of people around the globe and changed the shape of
towns and cities. Similarly, it has facilitated the challenges of life and has fast-tracked our work.

In the light of all this progress, one can term technology as a divine sign, a miracle or a blessing
from Allah. Allah says in the Holy Quran, “We will show them Our Signs in the universe, and in
their own selves, until it becomes manifest to them that this is the truth” (41:53). Thus, we can
consider technology to be the unfolding of the divine promise made in the aforesaid verse. Allah
continues to show His miracles as long as the universe exists.

Technology reminds us that Allah is the Creator.

Technology reminds us that Allah is the Creator and His creation is continuous. The Quran says
“Every day He has a matter to bring forth” (55:29). We need to be thankful and humble in our
attitude as we benefit from so many wonderful inventions and discoveries that technology has
made possible. In spite of these developments, there is no escape from the fundamental need of
spiritual humility. This can be understood from the following examples.

In today’s era, a modern farmer cultivates his land and spends days and nights trying to get the
best results from his cultivation. He uses modern tractors, threshers and other agricultural
machinery and also uses the best available fertiliser and good seeds and irrigates his crops in a
timely manner. But in the end, looking upwards in humility, he prays to Allah to bless his land
with a good crop. No doubt he receives blessings in the shape of better crops and remains thankful
to Allah.

Similarly, a well-experienced doctor with specialisation examines his patients for treatment. He
uses all his knowledge and modern techniques. He prescribes the best medicines for the patient,
but in the end, says that he is just treating the patient to the best of his ability. However, cure
comes from Allah who is the ultimate source of healing. It is He who eradicates disease. Recovery
is not in the hands of the doctor; he does his best but, in the end, prays that Allah may give shifa
(healing) to the patient.

Further, technology is yet to help humanity attain inner pea­ce and tranquillity, and enable man to
understand the ‘sum­mum bonum’ (the highest good) of life. It is a dire need of entire hum­anity.
Many people, unable to get inner satisfaction from these gadgets, sometimes find themselves in a
chaotic state. It has rightly been pointed out that we live in taller buildings but with a shorter

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temper. We build bigger houses but ones that are bereft of love. We have more doctors and
hospitals as compared to the past but are still not well. We cook many dishes but don’t get the
essential nutrients. We have multiplied our wealth but belittled our values. This is largely due to
the absence of humility and thankfulness.

If we consider technology to be a divine sign, we should secure and support our value system, and
not lose track of morality and spirituality. We should be able to create a balance in different
spheres of life. Though technology has improved the standard of our physical life, our lifespans are
limited. The preparation for life in the hereafter must not be ignored. What is essential is to pay
heed to the spiritual aspect of life which is beyond time and space. These are the fundamental
teachings of all religions.

The writer is an educationist with an interest in religion.

valianiamin@gmail.com

Published in Dawn, May 26th, 2023

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The unseen worker

The writer teaches at Quaid-i-Azam University, Islamabad.

THE PTI as we knew it is on its death-bed. While Imran Khan was always and is still
the truly big fish in a small pond, the clearly forced departures of Shireen Mazari
and Fawad Chaudhry, as well as the resignation of Asad Umar from leadership
posts, confirms that this particular party — both literally and figuratively — is over.

There is much conjecture about the apparent lack of spine of the now ex-PTI leadership; some
PDM/PPP supporters have almost gleefully emphasised that their leadership has endured far
more hardship over the years than what the PTI has faced since the events of May 9 without ever
abandoning ship.

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All of Pakistan’s bourgeois political leadership has certainly played second fiddle to the military
establishment for most of our history, and some have withstood more coercion than others, the
Bhuttos (PPP) and Bilours (ANP) probably most of all. But there is no victory to be had in the
PTI’s defanging for any political party, let alone for Pakistan’s emaciated democracy.

It is noteworthy that otherwise untouchable members of the military’s own extended social
network are paying a heavy price for their support of the PTI, epitomised by the tribulations of
Lahori elites like Khadija Shah. Only time will tell whether such humiliations substantively erode
the historical elite consensus in the hitherto insular and militarised Punjabi heartland.

Most of the repression will be borne by nameless PTI

workers.

Herein lies the rub. If there is one thing that can be inferred with certainty from the events of the
past few weeks it is that the security establishment is still arbiter in Pakistani politics, even though
its pomp rings hollower than ever.

In effect, the vast majority of the people, who have nothing to do with the intra-elite struggle, will
continue to bear the brunt of our tortured, militarised political existence. Does the PTI’s decline
move us further towards a politics that, in the medium to long run, breaks the rinse-and-repeat
cycle?

Even in the short run, most state repression will ultimately be borne by nameless PTI workers.
Indeed, at least some who are being hounded, arrested and tried right now may not have anything
to do with the PTI at all.

Then there is a much broader layer of unseen workers in this country — both avowed political
workers and those from humble class backgrounds, who do not formally consider themselves
politically active but hold concrete political opinions — who are still lashing out through social
media platforms or have temporarily been scared into silence.

What will become of this swathe of predominantly young people? Unlike potential MPAs and
MNAs who will join whichever mainstream party/parties that is set to enjoy khaki patronage for
the foreseeable future, the unseen worker sees no obvious way forward in our establishment-
centric political order. The most likely option of all is a retreat into political nihilism, which, in the
context of the deep structural crises of state and society, is anything but good news.

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Whatever the PDM regime’s spin doctors may be saying, the economy is not suddenly on the path
to recovery. Sovereign default continues to stare us in the face while debt servicing and defence
remain sacred cows. The colonisation of land, water, forests and minerals continues unabated
with property dealers like Malik Riaz enjoying complete impunity.

The plethora of unseen and youthful workers who came to constitute Imran Khan’s popular
support was mobilised for a reactionary politics which the security establishment is now quelling
for its own reasons. But to assume that this broader demographic is either too cultish or
uninterested in a political project that genuinely aims at democratisation of state and society is to
miss the forest for the trees.

I am not naïve enough to believe that a progressive politics can or will be constructed on the ashes
of the PTI, at least partially because the latter can be resurrected by the establishment in a new
form to suit its needs. But a progressive, anti-establishment politics of the people focused on
ecological, demographic, class, gender and ethnic-national concerns is our most urgent
imperative, irrespective of what happens to the PTI or the PDM parties that are contentedly
observing the current wave of software updates. The unseen worker is arguably the most
important political figure in what is an increasingly grim story. We ignore this worker at our peril.

The writer teaches at Quaid-i-Azam University, Islamabad.

Published in Dawn, May 26th, 2023

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