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  #1021  
Old Monday, July 29, 2013
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Default No escape: Quota system extended

THE federal cabinet’s decision on Thursday to once again extend the provincial quota system in federal services is not surprising. It is germane to conditions in Pakistan and has to be of necessity perpetuated. Meant to safeguard the interests of the people of ‘backward areas’, the quota system has acquired an obscene permanence because there is hardly any improvement in the lot of the people the scheme was to benefit. In the late 1940s, the decision made eminent sense. There was hardly any middle class in two of (West) Pakistan’s four provinces, the literacy rate was shockingly low, and the ‘central’ bureaucracy reflected an ethnic pattern that was a legacy of the British Indian civil service. The partition holocaust also brought with it an overwhelming number of bureaucrats who belonged to what was called the steel frame of British rule in India. Mostly from Punjab and the Urdu-speaking community, they acquitted themselves well during the country’s formative phase when a new political and bureaucratic structure was being created. Recruitment through competitive examinations would have merely reflected the same ethnic pattern. So a quota system was introduced as a temporary measure to have more people from the ‘backward areas’ in federal jobs.

Regrettably, we are stuck with it because it has not achieved its aim. A pitiable 7.5pc merit quota is still there, but people from Fata, Khyber Pakhtunkhwa and Balochistan are still not in government jobs in the numbers they should be. In Sindh, there are urban and rural quotas, and that anomaly continues to be extended. The issue has to be examined from two points of view: one, have the Constitution’s quota provisions enabled the bureaucracy to deliver? Two, has it served the interests of the backward regions? Independent of the quotas, the real challenge before the state is to ensure Pakistan’s uniform development to give the people a better life. It is only a well-developed state which can dispense with the aberration that is the quota system.

Noisy opposition: Resignation call



THE call on Saturday by Leader of the Opposition Khurshid Shah for the ECP commissioners to resign en masse is yet another missed opportunity in the quest to build an independent, autonomous and powerful election commission. Remember that it was the PPP itself which led the way on the constitutional amendments that created a legally more robust election commission during the last parliament. And the members of the ECP that Mr Shah has now demanded step down were picked by a parliamentary process in which the PPP itself played a lead role. Moreover, in the very recent past, when rural Sindh was paralysed by protests against alleged rigging in the May 11 general election, the PPP leadership did not seem quite as displeased with the ECP’s performance as the party appears to be now. The cynical partisanship, then, is not hard to miss at the moment.

Had Mr Shah and other opposition parties upset by the docility of the ECP really wanted to focus on improving the commission’s performance, there are any number issues they could focus on. The single most important task the ECP is entrusted with is to hold a general election for parliament and the provincial assemblies. But, as the recently held general election proved, the road from acceptable and credible elections to truly free and fair elections is a long one. From the compilation of voter lists to the scrutiny of candidates’ papers and from facilitating everyone who wants to vote on polling to dealing efficiently with the post-election appeals process, the ECP has much room to improve. Take just the issue of how the provisions of Article 62 and 63 of the Constitution were expansively applied during the initial scrutiny of candidates by returning officers who ultimately came under the ECP’s purview. Could parliament not be urged to revisit that unhappy episode by the Leader of the Opposition?

Similarly, problems with the electoral rolls are far from over with. Could parliament not examine ways to support the ECP in keeping electoral rolls current and up to date? Or the countless polling day violations that have been summarised by various election observers and political parties — could parliament not spend some time examining how to iron out these problems and make the next general election, or more likely the local government elections, freer and fairer? If Khurshid Shah and the PPP simply want to be a noisy opposition, calling for the resignation of the ECP leadership will achieve that. But if they want to be a democracy-strengthening bloc, there are many other routes that can be taken.

Justice on wheels: Mobile courts


JUSTICE is an essential component of society everywhere and the provision of it an essential responsibility of the state. Given that state infrastructure in Pakistan, including the courts, tends to be located in urban areas, there are a great many areas where the justice system has little to no reach. From the villages and towns in the mountains of the tribal areas and the northwest parts of the country to the interior of Sindh, Punjab and Balochistan, the complaint is frequently heard that citizens cannot benefit from the court system because it is located too far away. How serious an issue this is can be gauged from the fact that several years ago, in the run-up to the Taliban’s takeover of Swat, the people of the area initially responded to the extremist group’s promise of providing speedy justice. And lack of access to the justice system is what, in part, allows forums such as jirgas — whose version of fair-dealing often involves illegal practices such as using women as dispute-settlement currency — to continue to be convened.

It is in this context that the mobile courts system inaugurated on the premises of the Peshawar High Court on Saturday must be viewed. The court has been pursuing the matter for over a year and it is to its credit that it has achieved its aim through notifications despite the inaction of the provincial government to pass the relevant laws. The idea behind the system is sound: the specially designed vehicle will travel about to resolve petty criminal and civil disputes. The idea has proved effective in India and Bangladesh and could prove of value here too. There are several parts of the country where an effective mobile court system could help aggrieved citizens.
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30-07-2013
History`s verdict: President`s election
AS the country`s elected representatives prepare to elect the 12th president of Pakistan today, it is worth reflecting on the office itself and the men who have occupied it since its creation in 1956. The first three presidents were Iskander Mirza, Ayub Khan and Yahya Khan. None have been judged kindly by history, and rightly so. Next came Zulfikar Ali Bhutto, who inherited the job and a broken country from Yahya Khan. Mr Bhutto was perhaps this country`s greatest politician, but a leader whose flaws unhappily often matched his talents. As far as the presidency is concerned, however, Mr Bhutto was the leader who gave it its present-day shape under the 1973 Constitution. Some historians have suggested that the founder of the PPP preferred some variation of the presidential system he inherited from successive military dictators, but did not find much political support for the idea. Forty years on, there is a nearuniversal consensus among the political class that a parliamentary system is very much the preferred, if not the only workable, model for the country.
Of course, a ceremonial president was a short-lived idea: Fazal Ilahi Chaudhry spent five years in office before Gen Zia gave himself the job and then proceeded to recover all powers, and more, that the presidency held before 1973. Sadly for MrChaudhry, a largely anonymous figure, he was mocked by posterity for being a toothless president particularly the posterity that had vested interests in re-empowering the presidency. After Zia came the era of the superbureaucrat: Ghulam Ishaq Khan, a man who mastered the art of palace intrigue and was convinced that civilian politicians were an inferior class of leader as compared to, for example, himself. Ishaq Khan and the man who came after him, Farooq Leghari, were the 58-2-B presidents, nonmilitary leaders who just could not resist picking sides and staying out of power politics.
Next up was the 13th Amendment president, Rafiq Tarar, symbolising yet another shortlived attempt at reinstating the figurehead presidency. The Musharraf coup deposed the government that had Mr Tarar elected and that essentially guaranteed yet another U-turn ahead for the office of the presidency. All powers arrogated to the presidency once more, it took the 2008 elections and a generous Asif Ali Zardari to allow matters to revert to the 1973 model. And there matters rest today, with Mamnoon Hussain set to become the country`s 12th president. Politically, democratically, the country is stronger today than it was 40 years ago. Perhaps in five years` time, it will be strong enough to have an altogether apolitical president.

No end in sight: Deaths in Egypt
IS Egypt going to become a police state worse than what it was under Hosni Mubarak? Following more than 70 deaths after two days of clashes, President Adly Mansour has authorised Prime Minister Hazem elBeblawi to give army troops powers to arrest civilians. That the army should now get police powers underlines two painful realities for the generals: the Muslim Brotherhood remains defiant and the civilian security establishment is unable to control the bloodshed the coup makers had not foreseen. Concern over the deaths is being voiced across the world. That may not worry army chief Gen Abdel Fattah al-Sisi, because the US has announced aid to Egypt will continue. However, what he should worry about is the trap in which he has landed himself, for the future is going to see the regime getting deeper into the bog. Thousands of ex-president Mohammed Morsi`s supporters and their families have refused to leave Cairo`s Rabaa al-Adawiya mosque, and Interior Minister MohammadIbrahim`s claim that the protesters would be dispersed `soon` means a costly crackdown on the mosque camp is likely.
State terror and sophistry are not going to help Egypt. The only way for the army-backed regime to get out of the worsening crisis is to tackle the dissent politically and work sincerely and fast for a transparent election. The anti-Morsi camp`s euphoria was brief, for the generals realised within 24 hours of the coup that they had mistaken the street protest for a mandate to overthrow an elected government. The charges against Mr Morsi have sounded contrived.
True, Mr Morsi`s failings are many, and he arrogated more powers to himself than was necessary. Nevertheless, it should have been left to the people to throw him out at the hustings. Last Wednesday Gen Sisi`s intentions to consolidate power became clear when he asked the Egyptian people to take to the streets in his favour. Unfortunately, this show of strength through street demonstrations has only polarised Egypt further.

Toying with life: Guns in children`s hands
VERSIONS of `cowboys `n Indians` may be amongst the classics in children`s games, but in a place such as Pakistan, awash as it is with weapons, there are strong reasons why it should be discouraged. Yet when pressed by Junior to buy him the latest in plastic replicas of machines designed to deliver death, far too many people will comply. The fact is that guns are such a common accessory in today`s Pakistan that in an odd sort of way, the purpose for which they are designed seems to have been relegated to an afterthought. Children of all backgrounds playing with toy guns and pretending to shoot each other dead is thus a common sight, and why not? They are only indulging in a game that mirrors the realities they see around them the problem, of course, being that in the process, the idea of holding a gun becomes more and morenormalised. Someone who handled toy weapons in childhood may well feel more comfortable with the real thing in adulthood.

Pacifist ideas don`t sit too well in the context of modern Pakistan but, thankfully, they haven`t entirely evaporated yet, as one modest effort to counter the gun culture shows. An organisation that works in Karachi`s Pakhtun slums has initiated a campaign through the social media, radio and posters to persuade people to refrain from giving children Eid gifts in the form of toy guns. Khyber Pakhtunkhwa and the tribal areas, where weapons are carried as a cultural norm, are being targeted in particular. It is a drop in the ocean, true, but every effort has to begin somewhere. Wringing one`s hands over the fact that the gun culture is entrenched in Pakistan and leaving it at that is hardly a viable course of action
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31-07-2013
History & controversy: Presidential election
IT was, in the end, a result that the numbers had suggested was inevitable in the wake of May 11: the PML-N candidate cantered to victory in the presidential election yesterday. President-elect Mamnoon Hussain is now the final piece in what has, despite waves of controversy and occasional uncertainty, been a relatively smooth, and certainly significant, transition of power. May democracy live long and prosper. Before turning to the controversial nature of yesterday`s election, it is worth reflecting on who the candidate put forward by the PML-N is and what signal it was meant to send. The N-League government has rightly been criticised for the overwhelmingly Punjabi, and within that Lahori, roots of the individuals it has assigned high-profile jobs to and the presidential election was an opportunity to improve its record. Among the less-populous provinces, Balochistan had already seen a significant concession by the PML-N when it offered the chief ministership to another party, while in Khyber Pakhtunkhwa, the PML-N resisted the urge, and pleadings of potential allies, to try and form its own coalition in the province. Sindh, where the PML-N`s presence is negligible, was the province to which no significant gesture had been made ― until Mr Hussain`s candidacy for president was announced. At least at the outset of the presidential election, then, the PML-N`s choices deserved credit.
Then came the wholly unnecessary and still quite puzzling controversy. It is not clear, even now, why the PML-N was so opposed to the original election schedule announced by the ECP nor why the Supreme Court was so keen to weigh in on this issue and swiftly announce a court order that has attracted significant criticism. No one has emerged unscathed from this most peculiar of kerfuffles: not the ECP, not the PML-N, not the PPP or the PTI, and certainly not the court. Once again it appears that a miscalculation or miscue by one side triggered a cascade effect that no side foresaw or perhaps wanted.
Still, the controversy cannot eclipse an overall gain for the democratic project. A president-elect is now among us, waiting to be sworn in to an office whose lack of powers has rendered it politically acceptable and non-controversial. Some complaints from the periphery notwithstanding, there is immense support for a parliamentary form of democracy in which the president is purely a figurehead. That choice may be theoretically imperfect, but the practice of democracy wholly endorses it here. President-elect Hussain must turn now to serving the country with dignity and grace.

Numbing paralysis ― again: Raid on DI Khan jail
IT was along the lines of shock and awe: residents of Dera Ismail Khan were jolted awake around 11pm on Monday night by a massive explosion followed by a series of blasts and gunfire. The area surrounding the Central Jail― located in a peopled area adjacent to a hospital and a school― was plunged into darkness as members of the TTP took out electricity transformers, set ambushes and fought their way in, firing rocket-propelled grenades and machine guns. Inside, they called out over loudspeakers the names of those they were there for. How many escaped is being disputed: KP chief minister Pervez Khattak has said that the figure is around 175, including 35 hard-core militants; the TTP claim 300, and other intelligence reports put the figure at over 230. Meanwhile, the raiders` organised brutality is evident in that, notwithstanding the chaos, some Shia prisoners were identified and killed.
If the audacity of the attack is breathtaking, so is the fact that despite a similar assault on Bannu jail last year, the authorities were so easily caught out again ― even though, this time, provincial security and administrative authorities had intelligence that a raid on the internment facility was imminent. Increasingly, the militant network appears an organised, emboldened and well-armed force running rings around a sluggish, even inept, security network. The PTI-led provincial government has, like the centre, failed to formulate any sort of policy towards countering militancy. The KP administration has not even gone as far as owning the war. This head-in-the-sand approach can only boost the confidence of the militants, while demoralising the people that resist them. It may well be that the militants are changing their tactics to springing their men out of jail as opposed to negotiating with the government for their release. This necessitates an urgent fortification of detention centres, not just in KP but across the country. Perhaps even more importantly, it necessitates the recognition that it is the state of Pakistan itself that is under assault.

Perception and reality: MQM and the media
AS far as Pakistani media is concerned, the discourse about the MQM has changed significantly over the past few years. Today, both print and electronic media outlets seem to be pushing the envelope ― as far as local standards are concerned ― by carrying stories related to allegations of political violence and strong-arm tactics that have long swirled around the Muttahida. Perhaps even a few short years ago, such discussions would not have been possible. A lot of this has to do with changing global media trends; now, it is perfectly normal for international media outlets to pick up issues related to local politics and discuss them threadbare, as the British media has done with allegations linking Altaf Hussain with money laundering and incitement to violence. However, the party`s response has not evolved with the times; the allegations have been dismissed by the MQM machinery as `baseless` and `fake propaganda`.
Instead of addressing theissues squarely in a more measured tone, such reactions come across as evasive. The Muttahida, and all other political parties in Pakistan, must realise that today, everything is under the microscope and instead of simply brushing accusations under the carpet, these must be addressed.
The media focus on the MQM has also sparked a debate on what shape Karachi`s political situation will take should Altaf Hussain no longer remain the party leader. The Muttahida is highly centralised with Mr Hussain calling the shots, and senior leaders have rejected a `minus Altaf` formula. However, it would be legitimate to ask if an empowered secondtier leadership would be ready to steer the party ― and the city of Karachi ― out of choppy waters should the need arise. There is too much at stake to simply let the chips fall where they may ― the MQM needs to meaningfully plan ahead lest crisis suddenly engulf its top leadership.
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01-08-2013

Poor ability to fight: D.I. Khan jail attack

A DAY after the epic debacle that was Monday`s assault on Dera Ismail Khan`s Central Jail, KP Chief Minister Pervez Khattak said it was `very strange that people came in pickup trucks, motorbikes, broke into the jail and took away 250 prisoners easily`. Strange may be the correct term but it is equally applicable to the failure of his administration whose responsibility it is to ensure that such security breaches are prevented. This was no repeat of the Bannu jail raid last year. In this case, security and administration officials knew that such a hit was imminent. On Monday, hours before the attack, the area`s commissioner held a conference to discuss the matter with law-enforcement agencies and the civil administration. For the provincial administration to say, then, that it was an intelligence failure was both disingenuous and an irresponsible effort to deflect culpability. It was a tactical failure, pure and simple.
Why this tactical failure occurred, though, is extraordinarily disturbing in its implications. After the jail-break information was shared, standard operating procedures were fleshed out and specific response tasks were worked out. Over 100 jail guards and 75 personnel of the Frontier Reserve Force were available, as well as the Elite Police Force and armoured personnel carriers. But when it came to holding the line, the defences melted away. As a disgruntled security official said, metaphorically, the gun was there but there was no one to pull the trigger. Do law-enforcement personnel even have the capability of facing hordes as organised, single-minded and well-armed as the various militant groups clumped under the TTP? True, money has been pumped into the police force, particularly in KP, but most of it has gone towards salaries and increased strength. There has been little consideration of the fact that the numbers of personnel are immaterial if they aren`t trained for a fight that makes very specific demands.
If we are not to reach a situation where militant groups can set their sights on ever higher targets, the law-enforcement apparatus needs an immediate overhaul to meet the escalating challenges posed by what has been the reality for several years now. Pakistan needs to set up modern maximum-security prisons designed to resist assault and prevent escapes; colonial-era internment centres, relics of another age, are simply not enough. The equation is, on paper, simple: the militants are increasingly well organised, trained and armed; the state law-enforcement apparatus is not. The outcome of the conflict will ultimately be decided on the basis of the disparity between the two sides` capabilities.

Welcome drive: Gas and power theft in Punjab

THE PML-N government has launched a crackdown against power and gas thieves in Punjab. The drive has been welcomed and is an important part of the new national energy policy. It is expected to help public power and gas utilities save billions of rupees and cut their surging revenue losses. The FIA has also been engaged in this campaign to make it more effective. The two gas companies are facing theft and losses of around 11pc, with each percentage point costing them over Rs2bn. Similarly, the theft and losses suffered by Pepco are estimated to be a whopping 25-28pc of the total electricity output. Each percentage point adds Rs8.5bn to the revenue loss of the company. Gas and power theft not only adds to the losses incurred by the utilities, it also puts additional financial burden on consumers who pay their bills honestly as governments tend to incorporate these losses into their bills.
While the results achieved so far have been encouraging, those involved including powerful businessmen and corrupt officials have yet to be apprehended. Many of the suspected gas and power thieves are either related to politicians or are elected members of the provincial and national assemblies. Mostly they belong to the ruling party and sometimes to opposition parties, including the PPP. The crackdown should not be seen to be aimed at political opponents alone and it is hoped that the government will also punish its own people who are involved. The drive launched by the utilities against gas and power pilferage is not new. The PPP government had also launched a campaign to prevent theft.
But it lost momentum before it could even take off because the companies did not get the required cooperation from the PMLN provincial government then. Police would refuse to accompany the raiding teams and to register cases if PML-N leaders were involved. With the PML-N in power at the centre and in the province, it is hoped that the campaign maintains its momentum in the weeks to come.

Helipads not the answer: Fighting fire

MINUS the harebrained helipad part of it, the plan to give a modern fire-fighting system to Lahore`s multistorey buildings has many positive points. Knocked into consciousness after the Lahore Development Authority Plaza tragedy on May 9, the civic agencies of the provincial capital have got together to give input to a fire safety commission set up on the orders of the Lahore High Court. The commission has representatives drawn from the city government, the LDA and the Pakistan Engineering Council. Their recommendations make eminent sense: there should be sprinklers on all floors (except the basement), emergency lights, smoke detectors, external stairs for emergency exits and regular fire drills. These are quotidian measures that should have been in place long ago instead of being discovered and suggested now. Were these rules not already there in the LDA`s worm-eaten building manuals? If they were, why were they ignored? Well, since wisdom tells us it is never too late, let`s hope the recommendations will be implemented not only for high-rises that are to come up but in the case of existing ones as well ― assuming of course that their construction, location and unauthorised alterations leave room for such essentials.
The interesting part of the input concerns helipads which high-rises are supposed to have. We assume that the new constructions will be strong enough to withstand a helicopter`s landing and takeoff, because we would not want the roofs to cave in. But the question is why we go for such mod solutions when the meticulous observance of time-tested techniques could do just as well. Fires grow. Timely action can stop a minor blaze from turning into a conflagration. Old is gold. Let`s not forget those red coloured fire-extinguishers bequeathed to us by the British. We need them rather than helipads.
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02-08-2013
More controversy: CECs resignation

A PRESIDENT has been elected, but the fallout from the controversial electoral process continues. The chief election commissioner, Fakhruddin Ebrahim, has resigned and, while he has not said so directly, it has been reported that Mr Ebrahim was unhappy with the Supreme Court amending the presidential election schedule and the lack of support he received from the other ECP members. Meanwhile, the Supreme Court has summoned the PTI chief Imran Khan today to explain why he should not face contempt charges for comments critical of the judiciary made in the run-up to the presidential election. All in all, it is an extraordinary surge of controversy after the event ― and has the potential to tarnish the reputations and democratic credentials of all involved.
Mr Ebrahim`s resignation in particular seems driven more by frustration and emotion than calm rationalisation. As the CEC who presided over an election that is largely seen as credible and acceptable but not entirely free and fair, Mr Ebrahim was uniquely positioned to push the project of electoral transparency forward, especially since he was only a year into the job. From electoral rolls to vetting of candidates` papers to enforcing campaign rules to ensuring a transparent polling-day process and much, much more, there is a lot that remains to be done. Mr Ebrahim may have chafed under the constraints of his office previous CECs, before the last parliament`s constitutional amendments, wielded much power, whereas now the CEC has just one of the five votes in the ECP ― but to give up so early into his job, even if a general and a presidential election are now under his belt, surely does not send the right signal.
Yet, when seemingly clear-cut constitutional prerogatives are taken over by another institution, resignation may be the only honourable thing to do. But rather than try and wade out of controversy, the court has waded deeper in with the summons to Imran Khan. The PTI supremo`s words were uttered in public and made a clear distinction between undermining the integrity of the judicial pillar of the state and criticising specific actions or judgements handed down by the judiciary in recent electoral matters. The right to criticise a judicial pronouncement is very much a part of the democratic order. In fact, it is also part of the judicial order of things: after all, the recently forgotten practice here of dissenting opinions by judges has through near-universal legal history helped developed the law as it stands today. Too many battles and too much controversy is unhealthy for any institution.

Rare consensus: New power policy

THE new power policy has broken fresh ground already. The fact that it carries with it the consensual support of the provinces is something new, and certainly a source of strength. It is also heartening to note that the provinces did not play a purely obstructionist role, but were discerning in raising their objections. They protected their entitlements to the country`s fiscal resources, but agreed on energy conservation measures and agreed also to take tough action against power and gas theft. They also did not raise any undue objection to the tariff hikes envisaged by the policy, which shows they resisted the impulse to play populist politics. All of this is a welcome change; no power policy in the past has commanded such deep consensus and this means that there is one less excuse left for failure.
This brings us to the crux of the matter. The real test for the policy, indeed for the government, is now poised to begin. On Wednesday, Minister for Water and Power Khawaja Asif took the opportunity to remind the country that the amount of electricity being generated in the country is now at a peak ― 16,000MW. He was right to point out that this state of affairs will be short-lived if crucial reforms are not put into place quickly. Empowered with the consensus amongst the provinces, the debate has ended and the implementation phase must now begin. From here onwards, we all expect to see hikes in power tariffs, but we also hope to see losses reduced and gas diverted to the power plants in spite of objections from the powerful CNG and fertiliser lobbies. We hope that the matter will not run out of steam after the tariff hikes, and that the government will find the wherewithal to make the tough calls necessary to see the policy implemented in letter and spirit. All eyes are now on the cabinet that will oversee implementation, and the timelines are not very long.

Pakistanis out of line: All about queues

IT was a readable and rare caption to a picture in this newspaper ― `customers scream their iftari orders`. With their hands stretched out, the customers in Hyderabad had no choice but to implore and scream to draw the salesman`s attention because standing in line is not a part of South Asian culture. Whether it is a bank counter, a nihari shop or a railway ticket office, forming a queue is one of urban life`s many requirements Pakistanis have not cared to adopt. Surprisingly, there are places where Pakistanis have always stood patiently in line ― cinemas, for instance. There was mutual respect, for everyone conceded the other`s right to entertainment. Not getting a ticket was one of life`s great disappointments and had to be endured. But to be deprived of a ticket because someone jumped the queue would have meant a brawl. Pakistanis also queue up ― rather, are made to do so ― at airports because of stringent security procedures. In any case, the atmosphere at most airports since 9/11 has been grim.
Basically, queues ― or their absence ― give an insight into a people`s civic consciousness, their level of education, and a commitment, or lack of it, to egalitarianism and human rights. A society that believes in queues is a classless society. From this point of view we have a long way to go. As once observed by defence analysts about the 1973 Middle East conflict and Arabs` lack of discipline, the latter were unable to queue up for a bus let alone pose a security threat to Israel. But the moment Arabs learn to stand in line, Israel must worry about its security. In the zero-sum game between Pakistan and India, neither side need worry, because people on both sides are good at screaming out their orders.
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03-08-2013

Battle of wills: Imran Khan in court

IT is a wholly unnecessary episode, but not necessarily just for the reasons discussed in Courtroom No 1 yesterday in the Supreme Court. Twice Imran Khan`s counsel claimed that his chent had never had the intention to commit contempt of court nor had he in any way committed contempt by criticising the Election Commission of Pakistan or election returning officers for their conduct during the general election. The position Mr Khan staked out was an expected one ― and arguably even a reasonable one. But the Supreme Court bench appeared to want Mr Khan to seemingly issue an unreserved apology for the words he uttered that have been construed as an insult by the superior judiciary.
Mr Khan now has nearly a month to finesse a written statement that can bridge the gap between what the PTI chief is willing to admit and what the court expects him to say. It can only be hoped that the next few weeks produce a familiar Pakistan-style distraction that allows the country to leave behind this quite vexing and bizarre of episodes. But that may be a forlorn hope given that both Mr Khan and Chief Justice Chaudhry are not exactly known for backing down on questions of ego and personalreputation. Even if a solution is to be found ― and surely, it is hard to conceive of Mr Khan being put on trial or being sent to prison for his comments relating to the conduct of the general election ― that still leaves a broader issue of a court that has waded deep into controversy on many fronts and which does not appear to be reflecting about the cost that is inflicting on the judicial institution.
By now, with just a few months left until the completion of Chief Justice Chaudhry`s tenure, it is extremely unlikely that the style and substance of the court`s workings will see a significant reversal. If anything, with the clock rapidly winding down on the chief justice`s tenure, there may be a temptation to cap off a historic chief justiceship with judicial fireworks of even greater intensity. But strong as that temptation may be, if institutional strengthening and deepening the democratic project are indeed the ultimate goals, the temptation must be avoided. After December, there will still be a Supreme Court and it will need to be as strong, fair and independent as it has ever been. Judicial overreach or a hair-trigger in the months ahead will surely undermine that ultimate goal.

Still a slippery slope: Pakistan-US ties

LIKE a cliché-ridden soap opera, the Pakistan-US relationship also seems to revolve around familiar plot lines in which the protagonists wax lyrical about their strong relations and common interests while the irreconcilable differences are far too obvious to those watching the show. Secretary of State John Kerry`s visit to Pakistan, which was his first since having replaced Hillary Clinton and also the first since the new government has arrived on Constitution Avenue, was a successful one ― on the surface. The American official congratulated Pakistan on its smooth democratic transition; praised its reconciliatory efforts towards Kabul; met a number of civilian political leaders and also announced the resumption of the famous strategic dialogue that had been brought to a halt by the Salala attack in 2011.
However, beyond the smiles and the photo ops, the words exchanged once again highlighted the differences that keep the Islamabad-Washington relationship on a permanent roller coaster ride. There is little doubt that ‘cross border militancy`, which Kerry called `a key aspect of our strategic dialogue` could once again turn the smiles into scowls. And though he didn`t mention North Waziristan, his references to `safe havens` were simply a less intrusive way of pressing the old American demand ― that militants operating out of Pakistan had to be stopped by use of force if necessary. Similarly, the confusion over what the secretary of state said about drone attacks and of course Islamabad`s constant refrain about ending them was also a reminder of the many sticking points in the relationship. Indeed, both the countries have been at this juncture before where they have spoken of a new beginning. But the problem is that this beginning can quickly turn into a dead-end because of the militants that use the Pakistan territory to strike into Afghanistan. Or for that matter, a particularly lethal drone strike or another cross border foray like Salala can also transform today`s friends and allies into scorned lovers. A happily ever after ending is still not in sight.

Undemocratic move: Ban on Bangladesh party

THE Dhaka high court`s ruling, whose consequences debar the Jamaat-i-1slami from taking part in the general elections due early next year, raises a question or two about the future of democracy in Bangladesh. The three-judge judgement declared the country`s leading Islamic party illegal, saying its charter breached the constitution, it cannot register with the election commission and, thus, will not be able to take part in any elections. Independent of the nature of the Jamaat charter and philosophy, the issue must be examined from the point of view of its impact on Bangladesh`s politics and society already rent by violence following the death sentence given to a Jamaat leader for war crimes. The country needs to strengthen its nascent democracy, and this cannot be done by keeping religious forces out of the electoral process. Every polity has its quota of radicals and rebels without a cause. Ultimately it is their own philosophy that marginalises them, provided the state permits a free play of democratic forces.
There is no doubt Bangladesh`s constitution is secular, but it is the very antithesis of secular philosophy if the judiciary`s interpretation infringes upon citizens` right to elect their representatives. Secularism does not mean war on dissent; in fact, in a democratic context it implies granting the citizen the right to differ. To say that this right in a given situation could `breach` the constitution amounts to a serious digression from democratic principles. Besides, while affirming the constitution`s secular character, the document`s preamble declares that the aim of the state is to realise `through the democratic process` a society in which `fundamental human rights and freedoms ... will be secured for citizens`. The judges will be hard put to explain how Thursday`s judgment upholds the constitution`s preamble
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04-08-2013

Flawed approach: Debate on drones

SECRETARY John Kerry came to Pakistan and appeared to suggest that the much-maligned and controversial dronestrikes programme in Pakistan may be brought to an end soon. But then, within hours, back at the State Department`s headquarters in Washington, a spokesperson claimed that neither had Mr Kerry made a startling revelation nor had he in any way deviated from established American policy on armed drones. So, which is it? It seems near impossible that Secretary Kerry misspoke, but perhaps he was engaging in a deliberate game of subterfuge to sidestep an explosive political issue. Saying one thing while on a host country`s soil and then walking back from that position when back on home ground is an old diplomatic ploy ― and about as useless as it is old. Or perhaps the secretary was just hinting at a conclusion that the US government may be inching towards its goal of eliminating Al Qaeda`s presence in the Pakistan-Afghanistan border region.
The secret nature ofthe drone-strikes programme makes it almost impossible to know what is true or not until an official announcement is made ― or until the footprint of drones over Fata tells the story on its own. Media leaks, some orchestrated, others not, from the US side have shed some lighton the direction of the programme before policy changes are revealed officially, but it seems likely that Secretary Kerry`s version of `very, very soon` ― regarding the end of drone strikes ― may not be the average Pakistani`s version of it. It may be too late to significantly change the political narrative on drones in Pakistan ― and to focus on drones` efficacy in the present, undesirable conditions in Fata isn`t to claim their desirability in all circumstances ― but the quest to bring some rationality to the debate must not end.
The counter question that is mostly sidestepped by critics of drones here is, if Pakistan were to retake control of North Waziristan and if Pakistan were to keep its imprisoned convicted militants imprisoned, how much more effective would that be in bringing to an end, or even substantially reducing, the controversial drone strikes? Flawed and myopic as the US policy on drones may be, the unhappy reality is that Pakistan faces a more sustained and deadlier threat from the hub of militancy and terror that swathes of Fata, and even Pakistan proper, have become. And scarier yet is the collective shrug, or sigh of resignation, with which that threat is met. Drones may be a problem, but the bigger one remains attitudes in Pakistan towards extremism and militancy.

New realities: Gas allocations

THE federal government`s effort to revisit the question of provincial entitlements to natural gas allocations is a laudable one. Many aspects of inter-provincial harmony have been affected as a result of the large-scale restructuring of the federation done by the last government, so it is only natural to expect that further questions will continue to be raised in the years to come. The petroleum minister has a point when he says that it is necessary to discern the intentions of the Constitution`s drafters when they gave first right of use of natural gas to the province where the gas was being produced. That clause was drafted at a time when there were few other claimants to the precious resource besides domestic consumers. It was also drafted at a time when the supply of natural gas was still on the increase.
Today, however, much has changed. Many claimants have arisen besides domestic consumers and supplies are diminishing at an alarming rate. Questions of inter-provincial equity are important, of course, but in this era questions of effective utilisation have gained ascendancy. Today we need to ensure that this dwindling resource is being furnished to those consumers who can use the precious fuel with the least wastage, and also whose work carries importance to the overall functioning of the national economy. Only the federal government has ownership of the national agenda, and since important national priorities have asserted themselves in the question of natural gas allocations, it must be accepted that the federal government should have a greater say in drawing up the allocations. Pakistan has historically had a great deal of difficulty in drawing up entitlement regimes for national resources ― whether fiscal or natural. It took many decades to get a consensus behind the allocation of national fiscal resources. It also took many decades to have a water-sharing agreement. A similar effort is now needed with natural gas, and simplistic interpretations of Article 158 do not help the process.

Call of the past: President-elect`s Agra connection

WHATEVER one`s circumstances, a person`s birthplace always seems to exert an inexorable attraction linked to memories ― real and embellished ― of a more carefree time in one`s life. This is perhaps even more so in the case of India and Pakistan where millions of people crossed over from one side to the other in the blood-soaked aftermath of independence, leaving homes, families and cherished ties behind. Despite the countries` fraught relationship in the 66 years since, people on either side of the border rarely lose an opportunity to claim linkages with `the ones that got away`, so to speak.
So it is with president-elect Mamnoon Hussain, who was born in Agra in 1940 and migrated to Pakistan at the time of independence. Some of his extended family, still living in the same house where he was born, appear jubilant over their relative`s newly acquired pre-eminence and are voicing their hopes that he may pay a visit to his childhood home soon. Even their neighbours, who are unrelated to Mr Hussain, have been basking in the glow of the Pakistani connection. It is not yet known whether the president-elect will be making a trip to India to reconnect with his roots or not, but if he does so it will be in the tradition of Pervez Musharraf who as president visited his childhood home in Delhi. That visit too generated great excitement and a thorough sprucing up of the locality, one of the perks of a presidential visit that the residents of Naiki Mandi ― Mr Hussain`s old neighbourhood in Agra ― are undoubtedly hoping for. Meanwhile, residents of Gah village in Pakistani Punjab, birthplace of Manmohan Singh, are still waiting for the lure of the past to work on the Indian premier.
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05-08-2013

Some lessons: Different approaches to militancy

CONSIDER the difference in responses: the US obtains intelligence on a possible attack against its embassies and consulates in the Middle East and North Africa and it issues a global alert and shuts 21 missions on Sunday; Pakistani law-enforcement agencies and government officials receive specific intelligence on an impending jail raid in D.I. Khan and end up taking defensive measures that collapsed at first contact with the enemy. In the tale of those two episodes lie many lessons. For one, the threat of global jihad, especially from Al Qaeda, has far from disappeared. With so much emphasis on Al Qaeda and the Pak-Afghan region, it is all too easy to forget that global jihadists come in many stripes and are quite easily able to hop from one country to another. So even if Al Qaeda`s active presence has been diminished in Pakistan, there is zero room for any kind of complacency: other jihadists, global and local, continue to own swathes of Fata, while the US drawdown in Afghanistan could attract fresh attention of militants looking to establish Islamist fiefdoms in various parts of the world.
The broader lesson remains, though, one that Pakistani authorities, civilian and military, appear unwilling or unable to absorb: coordination, capacity and will without those elements, Pakistan`s war against militancy will never be won. What is equally overlooked, however, is that even a modicum of increase in competence and will on the state`s part could have dramatic effects on the fight.
Consider the propaganda video of the Bannu jail break that has recently been released by the TTP.
What was believed to be a highly sophisticated and superbly organised raid in fact looks fairly amateurish and rudimentary on camera. In one sense, that is an even greater indictment of the security forces tasked with defending the Bannu jail and ensuring its inmates remain under lock and key. But in another sense, it indicates that even a small increase in preparedness by the state can thwart significant disasters.
Perhaps the greatest lesson that needs to be learned here is clarity about who the enemy is.
The US, for all its confused, contradictory policies in Afghanistan, has since 9/11 focused relentlessly on Al Qaeda, a group that explicitly targets the American state. Here in Pakistan, even groups that explicitly target state and society somehow attract sympathy and even understanding. In that environment, it`s little surprise the militants can wreak so much damage with so little intellectual and organisational firepower.

Not the only solution: Computerisation of land records

PUNJAB`S initiative to computerise land records by next year should help improve land administration, centralise data currently scattered at several levels of administration, cut the cost and time of transactions and clear up titles. The project launched 10 years ago under the poverty reduction programme seems to have gathered new momentum over the last couple of years. Some 61 service centres are working on the project at present and the land record of 17,000 villages in 21 districts has already been fed into the computers. The existing system of manual management of land records is extremely intricate and flawed besides being a major source of corruption and disputes, particularly in the rural areas and at the level of patwari circles, over land ownership in and outside the courts.
Several court rulings have described present land records as contestable for determining land titles.
The disputes over land titles threaten the livelihood rights of the poor and often scare away potential investors. The ruling PML-N claims that the completion of the project will end the patwari culture, a major promise it had made in its election manifesto. In other words, the computerisation of land records is expected to plug the loopholes for widespread corruption and restrict the role of patwaris in the maintenance of the record.But will it?
Few agree that the land record computerisation will clean up land administration and end the corruption in determination of land title rights and transactions. The government, for example, has set up many `model` police stations in the province to improve efficiency of police and rid the people of the thana culture. The results have been quite wanting, not least because police are not trained to help the people who also need to be educated about their rights. The patwari culture will also not go away by feeding land records into computers. For this to happen, the bureaucracy will have to be reformed from top to bottom to change its role as an efficient service provider.

Predictable havoc: Monsoon-related damage

TO nobody`s surprise but, it seems, the authorities`, the monsoons have brought with them reports of death and destruction, the waters washing away before them roads and other infrastructure in the northern parts of the country and large swathes of crops in parts of Punjab. On Saturday, over 40 people died almost half of them in Karachi alone and hundreds of villages were flooded in Balochistan and Khyber Pakhtunkhwa as rivers burst their banks. And in cities such as Karachi and Hyderabad, administrative apathy meant that thousands of people had to contend with prolonged power breakdowns and traffic jams, besides dealing with immediate dangers such as possible electrocution as a result of snapped wires. The question, as always, remains why the state always swings ponderously into action after the event. Over a month ago, the meteorological department warned that this year`s rains were likely tobe heavy; does the state`s report card show that enough efforts were made to mitigate the coming, predictable rain-related havoc? The reality is very far from it.
Given the flooding disasters in recent years that left millions in the country affected, it is time that authorities here realised that weather patterns may be changing. The National Disaster Management Authority has warned of more rain and floods in different parts of the country and there is a need to prepare accordingly. It is not merely a question of organising immediate help when the waters strike. As crucial is the aftermath of the rains and flooding when stagnant waters breed disease and families rendered homeless have no place to go, when livelihoods are lost and food becomes scarce. A cohesive plan aimed at preventive strategies, effective rescue methods and rehabilitation will go a long way in reducing the impact of the damage.
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06-08-2013

Provincial fears: Gas-sharing

WHEN petroleum and natural resources minister Shahid Khaqan Abbasi mused about the need to re-visit the gas-sharing formula between provinces, in particular Article 158 of the Constitution, which governs the distribution of gas between the provinces, it hardly set any pulses racing. But as the less-populous provinces have digested the implication of Mr Abbasi`s comments, the blowback has been fierce. On Sunday, Senator Raza Rabbani of the PPP issued a blistering condemnation of Mr Abbasi`s remarks and darkly hinted that the PML-N is allegedly flirting with the idea of reintroducing Ayub Khan`s `One Unit` disaster. As ever, when it comes to politicians sparring, matters tend to get a bit muddled. Two aspects are of importance here: one, the more efficient and economically rational use of dramatically scarce gas resources; and two, provincial autonomy versus the centralising impulse of Islamabad.
In the context of the more efficient and economically beneficial use of gas, Mr Abbasi`s comments about the need to revisit the gas-sharing formula between the provinces made much sense, as this newspaper has already endorsed in a recent editorial. If one province facilitates a plethora of CNG vehicles plying on its roads and the extravagant use of gas in homes while another province`s businesses and industry are progressively shuttered as the gas crunch worsens, something is very wrong in the overall allocation of a very scarce resource. However, economic decision-making and resource allocation need to remain within the constitutional scheme of things ― something Mr Abbasi`s suggesting of revisiting Article 158 of the Constitution ignores. At least two alternatives to achieve the same end, le a more productive use of gas across the provinces, can be immediately flagged. Gas is woefully underpriced across Pakistan: price it more in line with the international market and more of the scarce gas will inevitably make its way from less productive uses, like in CNG vehicles, towards more productive sectors, industry and electricity generation.
Second, the more arduous path, but by no means one that should be dismissed: taking the matter to the Council of Common Interests for the provinces to work out an agreement among themselves. That would take a lot of time but it would have the matchless benefit of provincial endorsement. The reality is that Mr Abbasi`s suggestion of amending the Constitution has been interpreted by some politicians in the less populous provinces as part of a PMLN attempt to incrementally reverse the process of provincial autonomy triggered by the 18th Amendment. For everyone`s sake, economic good sense must march in lockstep with inter-provincial harmony.

Incompetent management: Flooding in urban areas

IF it weren`t a matter of death and destruction on such a vast scale, the country`s current predicament would invite sarcasm. The leaders talk about grandiose projects such as bullet trains and media cities. But these ambitions are rendered fantastical when reality is factored in: ill planning is so endemic that the country has ground to a standstill after a short period of heavy rain. Almost 50 people have lost their lives, hundreds of acres of crops have been laid to waste, access to towns and villages has been washed away and homes and livelihoods have been destroyed. A stranger could be forgiven for assuming that the monsoons are a phenomenon new to Pakistan.
Beyond the flooding that has left thousands homeless or stranded across swathes of rural areas in the provinces, it is the damage sustained by urban centres such as Karachi and Sukkur that is worthy of remark. In Karachi, some areas have been submerged to such an extent that the army had to be called in and boats were used to rescue people. City administrations may argue that nature`s wrath is unpredictable, but the fact remains the aggregate amount of rain that had fallen until Sunday morning was 102mm ― high, but not calamitous. Yet disaster occurred because of poor urban planning; for example, the situation in Gadap Town would have been much better had it not been for the fact that many houses built on the Thado drain were swept away. Why had they been there at all? Why were storm-water drains not cleared out and encroachments removed in the run up to the monsoons? The answer is the habitual sluggishness of administrative bureaucracies, which function in sealed-off corridors where ground realities are barely visible. This is another reason why the stalled inception of the local government system has invited so much criticism: local leaders are approachable and responsive. Putting that project back on track may substantially improve local administrations` response to emergencies such as urban flooding.

A sign of hope: New Iran president`s offer

AMERICA`S positive response to Hassan Rouhani`s peace overtures could turn out to be seminal if the two sides try to build on it. Reacting to the Iranian president`s speech on Sunday after his inauguration, an American statement said Tehran would find Washington `a willing partner` if the new Iranian regime chose to `meet its international obligations` ― a veiled reference to Tehran`s position on the nuclear question. In his speech, the newly elected president dwelled mostly on domestic issues but also made a strong plea to the West to do away with `the language of sanctions` and instead treat his country with respect. Declaring his intention to move away from confrontation, Mr Rouhani said Iran never wanted `war with the world`.
After eight years of Mahmoud Ahmadinejad`s hard-line domestic and foreign policies, Mr Rouhani`s assumption of power holds out hope Iran`s intractable nuclear question could after all be resolved. The choice of sanctions as a weapon to browbeat Iran was unfortunate and turned out to be counterproductive. The sanctions hurt the Iranian people, and that served to increase anti-Western feelings. Mr Rouhani is a moderate and has been voted to power for that very reason. He has pledged to improve the people`s economic lot at a time when inflation officially stands at 36pc and unemployment at 12pc. There is also the vexatious question of political prisoners, who include such names as Hussein Moussavi, who lost the 2009 presidential election, and former National Assembly speaker Mehdi Karroubi. An end to sanctions will have a salutary impact on the economy and help the people. This will in turn strengthen Mr Rouhani`s position and enable him to adopt a more conciliatory policy on the nuclear question.
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07-08-2013

Close to collapse? Iran-Pakistan pipeline

IS it dead, or is there still some life left in it? The Iran-Pakistan gas pipeline project appears to have been dropped by the Sharif government, though no formal intimation has been made. If that is in fact the case, it is an unnecessary capitulation by the government to US, and perhaps even Saudi Arabian, pressure. Two matters are relevant here. First, is the IP pipeline a sanction-able project? If a robust legal defence and a hard look at the language of the sanctions suggests, as some in the Foreign Office have argued, that the IP pipeline is permissible under existing sanctions, then Pakistan is needlessly giving up a right to do business with a neighbouring country. Even if the pipeline project does make sanctions possible, are they automatically applicable and to what extent would Pakistan`s business relations with the outside world be harmed?
The simple reality is that Pakistan has an acute gas and energy crisis. Any project that can help bridge the supply-demand gap in relatively quick order ought to be given urgent consideration. The IP pipeline certainly fits that bill and what`s more, the Iranian government has been very serious about supplying gas to Pakistan. The project on the Iranian side of the border is near complete andthe Iranians have offered a number of concessions to cushion the fiscal impact of construction on the Pakistani side. To allow such a seemingly viable economic idea to collapse at the altar of international relations is a travesty and a disservice to the Pakistani people. It appears the Sharif government would rather focus on the potential fallout of Washington or Riyadh`s annoyance with Pakistan than close a deal with Tehran which is there for the taking.
Is that bargain necessary or the only one that Pakistan can make? The starting point of the sanctions on Iran is to open up its nuclear programme to international inspectors to ensure it remains within the realm of a peaceful and civilian nuclear programme. As this paper has argued before, sanctions are not the best way to achieve Tehran`s cooperation and instead exact a terrible toll on Iranian society and economy. Starting from that first principle and then moving through the chain of questions such as whether the IP pipeline is even subject to automatic sanctions, the Pakistani government can and should push harder to have the project reach fruition and on time. The passive approach is equivalent to outsourcing Pakistan`s economic security and foreign policy and is entirely unnecessary.

Necessary increase: Power tariffs

THE new increase in electricity prices for industrial, commercial and bulk consumers is prohibitive. But it is a bitter pill they are required to swallow if the economy and power sector are to be fixed. The price rise will eliminate the differential between the power companies` cost of generation and taking electricity to the industrial consumers, and the amount that is actually recovered from them. For some inexplicable reason, the power sector, however, has stopped short of recovering the `full cost` from commercial and bulk users that are also often alleged to be involved in power theft. In the second phase, the government also plans to raise domestic electricity prices from October. The hike in power tariffs will raise the high cost of doing business, especially in Punjab, and will lead to further inflation at the expense of ordinary people who are already trying to cope with the soaring cost of living and shrinking real wages. Many consider the tariff increase unjust and punitive because the government is actually transferring the cost of its failure to prevent power theft, to cut massive transmission and distribution losses and to fully recover bills on to honest consumers. They have a point indeed.
The government, for its part, believes that `rationalisation` of electricity tariffs is necessary if the power sector has to be reformed and shortages ended. The current power price increase will save it Rs169bn. The full transfer of power costs to all consumers, including domestic users, is projected to cut down its subsidy expenditure by Rs396bn. It plans to spend this money on establishing new power stations to increase generation, change the expensive energy mix and reduce consumer prices to below Rs10 a unit over the next three to four years. So far the government has shown its determination to revamp the power sector. Whether it will be able to maintain the momentum and deliver on its promises remains to be seen. The cost of failure for both the economy and consumers will be very high.

Not quite a terrorist act: Pir Sohawa has its day

THE peculiarities of Islamabad make the capital doubly susceptible to getting into a kerfuffle. Karachi and Quetta may be wracked by violence and Rawalpindi may have seen the deaths of three prime ministers, but it is Islamabad where the air swirls thick with rumour. Such proved to be the case on Saturday night. The city was already nervous: Interpol had issued a global security alert and by the time residents started making iftar plans, they had already knew that security had been tightened at the Benazir Bhutto International Airport and Adiala Jail. So when people heard that something was happening at Pir Sohawa, it is hardly surprising that the collective interpretation was a terrorist attack. Neither is it difficult to understand why they turned for information to the social media: Islamabad`s elites have learned to raise the draw-bridge at the first hint of trouble given that it could be anything from a coup downwards. In this country of strategic assets, it was decided on Twitter and Facebook that Monal, a pricey restaurant at Pir Sohawa, must also be one and therefore a target.
There is a sort of logic to that. The high-end restaurants in Pir Sohawa are certainly more the sort of thing that Islamabad`s managers think it needs as compared to the sheds that once used to sell barbecue to the common man there. But Saturday`s altercation, it turned out, was a mere storm in a teacup. One restaurant claims that the other was trying to steal its iftar customers; certainly, a traffic jam occurred, both eateries sent down guards to clear it, and the guards got into a confrontation. All`s well, we must suppose, that ends well; as long as we don`t put our faith in the social media.
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