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• Matters include review of Justice Isa’s appointment as BHC CJ, pollution caused by industries in Islamabad
• SCBA says 26th amendment has rendered ‘fundamental rights a mere farce’, executive can’t pick and choose judges

ISLAMABAD: Amidst the backdrop of deteriorating air quality, the Supreme Court’s constitutional bench will take up on Thursday (Nov 14) as many as 18 human rights cases, including one related to air pollution as well as a review petition against the 2018 judgement on the appointment of Justice Qazi Faez Isa as Balochistan High Court chief justice.

Likewise, a six-judge constitutional bench, headed by Justice Aminuddin Khan, will resume hearing around 10 cases, including suo motu cases such as lady health workers programme, harassment case of singer Meesha Shafi and similar other harassment case.

Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hassan Azhar Rizvi, Justice Musarat Hilali and Justice Naeem Akhtar Afghan will be part of the bench.

The six-judge bench was formed in view of unavailability of the seventh judge, Justice Ayesha A Malik, on Nov 14 and Nov 15.

The cause list was issued after a meeting of the three-judge committee constituted as per Article 191A (4) under the chairmanship of Justice Aminuddin Khan to discuss matters related to the composition of the constitutional bench. The committee had resolved that priority should be accorded to the oldest cases.

The SC had constituted a three-judge committee to determine fixation, issuance of court roster, sitting of benches and number of cases to be heard in a week by the constitutional benches, which the top court had formed recently.

On Thursday, the constitutional bench will also resume the 2007 hearing of a public petition against pollution caused by industrial units in Islamabad’s Sectors I-9 and I-10. The petitions were filed by one Nazir Ahmed and other residents of I-9 and I-10 about environmental degradation causing asthma, respiratory infections, allergies and heart ailments since the establishment of industrial units, especially steel furnaces and marble units, in the Federal Capital Industrial Estate.

In 1993, the CDA had developed a negative list of undesirable industrial plants working in the industrial estate. It encouraged them, especially the steel furnaces, to switch to some other trade and offered not to charge the normal fee.

According to earlier reports, 1,500 tonnes of effluents generated by the pharmaceutical industry, flour mills, oil and ghee mills, marble factories and plastic extrusion mills are thrown into the Leh nullah every day, heavily polluting underground water. Around 500 factories in the I-9 and I-10 industrial estates were causing water and air pollution in the area like the steel melting furnaces, re-rolling mills, flour mills, oil and ghee mills, marble cutting and polishing units and metal working and engineering units, GI pipes, soap, chemical, plastic, marble, spices and printing, a report had suggested.

A number of applications by different industrial units in the affected sectors were also pending before the court against the decision to de-seal these steel and casting units. Overall air pollution in the country was also on the table of the constitutional bench.

Some cases concern the restoration of the trial court under the control of narcotic substance act, or appointment of certain officers, though most of the cases have become infructuous.

One of the review petitions relates to the appointment of Justice Isa as BHC chief justice. The review petition was filed by Advocate Riaz Hanif Rahi against the July 7, 2018, SC judgement in which the court, while rejecting the petition, had held that the appointment was done in view of the extraordinary circumstances when all the judges, including the then chief justice, had resigned and the high court had become vacant. As such the initiation of the name of Justice Isa as BHC CJ was made in an exigency and thus not hit by any illegality, former CJP Mian Saqib Nisar had held in a seven-page verdict.

Earlier on April 5, a three-judge SC bench rejected the petition of Advocate Rahi challenging the appointment and later elevation of Justice Isa to the Supreme Court.

The detailed judgement had observed that the appointment of Justice Isa directly as BHC CJ was legal because it was made by the President and the then-Balochistan governor conferred it, thus meeting the requirement of Article 193.

SCBA sees threat to democracy

Meanwhile, in a statement, the recently elected secretary of the Supreme Court Bar Association (SCBA) Salman Mansoor categorically condemned the 26th Amendment as being against ordinary citizens and a direct threat to democracy and freedom in Pakistan.

The 26th Amendment was in violation of the principle of separation of powers and independence of judiciary, which “now stand altered, repealed and abrogated”, he said, adding those principles were guardians of fundamental rights of ordinary citizens and ensure a free, fair and democratic society and state.

The executive is the strongest adversary of ordinary citizens and their daily opponent in courts, he said, adding that the executive, enjoying majority in parliament, could not be allowed to select judges of its choice in all litigation where challenges are made to constitutional authority of executive and parliament.

Published in Dawn, November 14th, 2024

ISLAMABAD: The Priv­atisation Commission’s board on Wednesday rejected a Rs10 billion bid submitted by the sole bidder for the divestment of 60 per cent shares in Pakistan International Airlines Corpo­ration Limited (PIACL), the privatisation ministry said in a statement.

The board decided to refer the issue of PIA’s privatisation to the Cabinet Committee on Privati­sation for further consideration.

Last month, the final bidding process for the privatisation of PIA attracted just one bid of Rs10bn for a 60pc stake in the national flag carrier.

Only real-estate development company Blue World City participated in the bidding process, placing a bid that was below the government-set minimum price of Rs85bn.

PC Board seeks improved offers for state-owned entities

The government had prequalified six groups in June, but only Blue World City participated in the final bidding process. Due to the huge difference between the expected and actual bids, the commission gave the consortium more time to reconsider its bid. However, Blue World City consortium chairman Saad Nazir kept the price unchanged.

On Wednesday, in a meeting chaired by Privatisation Mini­ster Abdul Aleem Khan, the board discussed advancing privatisation efforts for state-owned entities, including PIA and stressed the need to attract stronger bids in future transactions.

Mr Khan directed that the privatisation process should be carried forward without delay and underscored the importance of securing better offers for upcoming bids.

The board explored various options to expedite PIA’s divestment and reviewed the status of other ongoing privatisation transactions.

Mr Khan said that the framework given by the caretaker government for PIA’s privatisation was taken forward, but “now we have to keep in mind the concerns of the institutions involved in the privatisation”. He emphasised that “we have to learn from the privatisation process of PIA and have to be more active in future”.

The board decided to form a three-member committee to participate in the process of privatisation by members of the board. The meeting was briefed on various issues of privatisation and expressed satisfaction with the development so far.

During the meeting, various proposals were presented for PIA and the process of privatisation, and views were expressed on various issues and important decisions were taken. The minister extended the opportunity to all the Privatisation Comm­ission’s board members and heard their suggestions. Impor­tant issues related to the privatisation of other projects were also discussed.

“The privatisation issues will be completed in accordance with the laws and regulations and keeping in view the national interest before us because the final decision on the issues of privatisation of PIA and other institutions has to be taken by the cabinet committee,” Mr Khan said, according to the ministry’s statement.

In his briefing, the secretary of the Privatisation Commission noted that several international airlines, including Turkish Air­lines and Singapore Airlines, had expressed interest in PIA’s privatisation.

Published in Dawn, November 14th, 2024

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This article is a guest post by Dan Norris, founder of Informly. Part 1 (of 3) – Introduction and Onsite Content Experienced entrepreneurs will tell you that no traffic is free. Even if you aren’t paying money for something you are paying in time (which is worth something) and once you try to scale it, youRead More →

The post Case Study: 13 Pre-Launch Traffic Strategies for Startups (Part 1 of 3) first appeared on Rob Walling - Serial Entrepreneur.

This article is a guest post by Dan Norris, founder of Informly. In this 3 part series (part 1 here) I’m running through 13 pre-launch traffic strategies I am using for getting attention and building an audience and a list for my web app Informly. In part 1, I went into detail about my onsite contentRead More →

The post Case Study: 13 Pre-Launch Traffic Strategies for Startups (Part 2 of 3) first appeared on Rob Walling - Serial Entrepreneur.

This article is a guest post by Dan Norris, founder of Informly. In this 3 part series I’m running through 13 pre-launch traffic strategies (actually it’s turned into 14) I am using for getting attention and building an audience and a list for my reporting app Informly. In part 1, I went into detail aboutRead More →

The post Case Study: 13 Pre-Launch Traffic Strategies for Startups (Part 3 of 3) first appeared on Rob Walling - Serial Entrepreneur.

Dr. Roccas is the author of Time and Despondency and talks about the meaning of despondency and how it is impacting the Church.

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