FARUKH SHEHZAD

• Asks the authority to consult local officials while formulating projects

• Restriction on use of power over lands outside scope of ‘specified area’

ISLAMABAD, MAR 28: The Supreme Court has allowed DHA Quetta to develop schemes in accordance with the provisions of the Defence Housing Authority Quetta Act, 2015, but at the same time barred it from exercising any power over the lands outside the scope of a “specified area” as defined in the act.

In a four-page order issued by a three-judge bench comprising Justice Umar Ata Bandial, Justice Qazi Mohammad Amin Ahmed and Justice Mazahar Ali Akbar Naqvi, the court also directed the DHA Quetta to adopt a cooperative approach by consulting with local authorities concerned or the provincial government while formulating its development schemes.

On March 16, the Supreme Court had put in abeyance the Dec 16, 2020 order of the Balochistan High Court (BHA) in which several provisions of the DHA Quetta Act 2015 were held to be unconstitutional.

Earlier a five-judge full-court of the BHA had also held that since the DHA Quetta was like a non-government agency therefore acquisition of property by it would violate the constitutional right to property.

The high court had also declared that the DHA Quetta could not be allowed to develop its own master plan or perform other municipal functions. Besides the power of the authority to declare a specified area in which development could be carried out was also held to be unconstitutional. As a result of the high court judgement, development work in DHA Quetta had been paralysed.

Senior counsel Makhdoom Ali Khan had represented DHA Quetta before the Supreme Court while Advocate Naeem had appeared on behalf of the respondent Quetta Residencia Housing Scheme. The Supreme Court order said the concerns expressed about the DHA Quetta Act by the BHC might not have been precisely formulated, however, they did invited caution. “How can an acquiring agency conduct acquisition proceedings for itself without indulging in conflict of interest? Also such a power is lacking in the sister organizations of the petitioner (DHA) established in other urban areas of the country,” the order said. To examine these questions and the validity of the points raised, the court was inclined to grant leave to appeal to the DHA appeal, it added.

During the hearing, the petitioner’s counsel had said that the BHC had wrongly presumed the Land Acquisition Act (LAA) 1894 to be a federal law and held that Section 6(b)(1) of the DHA Quetta Act 2015 which allowed the DHA Quetta to acquire land in accordance with the LAA violated Article 142 of the Constitution.

The counsel contended that DHA Quetta Act and the LAA were provincial laws and there was no encroachment by the Act upon the federal legislative field. He argued that the BHC judgement had also set aside Section 6(b)(14) and Section 14(b) of the DHA Act as these imposed restrictions on owning and holding land that were violative of Articles 23 and 24 of the Constitution — provisions that dealt with protection to the property rights.

The BHC finding had held that restrictions with respect to the specified area in the DHA Quetta Act applied to land that was intended to be purchased, procured, acquired or leased by the DHA. In other words, the restrictions governed such land in which the DHA had no legal interest as owner or lessee, the counsel contended.

On the other hand, Section 3(q) of the DHA Quetta Act defined specified area to mean land that was already purchased, acquired, leased or procured by the petitioner, he argued.

The constraints placed on the specified area in terms of the DHA Quetta Act related only to such land in which the petitioner had a legal interest and not to land that belonged to a third party, the lawyer said. Therefore, the BHC judgement had taken an erroneous view of law on this point.

In any event, he said that this condition was imposed on land (in a specified area) which belonged to the petitioner.

The DHA counsel also argued that the petition filed by the Quetta Resi­dencia Housing Scheme was sought to be withdrawn but permission to do so was declined by the BHC, adding that the petition was maintainable before the high court under Article 199 of the Constitution at the instance of an agg­ri­eved party. But after the aggrieved party sought withdrawal of its petition then any further proceedings would be in the nature of suo motu proceedings, the counsel argued while pointing out that the high court lacked jurisdiction to hold suo motu proceedings.

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COURTESY DAWN NEWS

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ISLAMABAD, MAR 28: Begum Samina Arif Alvi on Saturday has said Nowruz promoted values of peace and solidarity between generations and within families as well as fostered reconciliation and neighborliness.

Speaking at an event here to mark the celebrations of Nowruz, she said as it contributed to cultural diversity and friendship among peoples and different communities, Nowruz fitted closely with the UNESCO’s mandate.

“This day is the celebration of the intangible heritage of the world.”
The Nowruz celebrations were organized by diplomatic community of nine countries in Islamabad including Turkey, Iran, Afghanistan, Kazakhstan, Kyrgyzstan, Turkmenistan, Tajikistan, Pakistan and Azerbaijan in collaboration with Serena Hotels.

Begum Samina said it gave her immense pleasure to attend Nowruz celebrations.

“I congratulate Serena Hotels and all the participating countries on this auspicious occasion. This is the beginning of the new year and a new hope to renew our commitments towards peace and humanity.”

She said Nowruz was a festivity marking the first day of spring and renewal of nature.

“It includes rituals, ceremonies and cultural events, as well as the enjoyment of a special meal with loved ones,” she said adding Nowruz was celebrated for over 3000 years in the Balkans, the Black Sea Basin, the Caucasus, Central Asia, the Middle East and other regions.

She said the participating countries had given a message of peace and a bright future awaited those countries.

“At this time, we also need to step up efforts to tackle the challenges of global warming. Climate change is already happening; temperatures are rising; drought and wild fires are starting to occur more frequently; rainfall patterns are shifting; glaciers and snow are melting, and the global average sea-level is rising.

To mitigate climate change, we need to reduce or prevent the emissions linked to human activities. Climate change will affect both hemispheres of the Earth.”
She emphasized that it was the moral obligation of the whole world to keep our planet cool and minimize the use of fossil fuels.

She told, “In Pakistan, the government has taken initiative of planting billion trees which is indeed a good step and we need to play our role in this regard. Similarly, we also need to utilize alternate sources of energy for power generation from solar and wind.”

Begum Samina said our festivity and celebrations had been restricted due to emergence of Covid-19 pandemic during the last year.

“I hope that the process of vaccination will complete soon and we will overcome this disease. We need to be vigilant at this time of crisis because carelessness can lead to problems.”

“Therefore, we should observe SoPs, wash our hands, use a mask and keep physical distance,” she stressed.

She wished everyone a prosperous and happy Nowruz by saying, “May its spirit of harmony, peace and respect towards humanity serves as inspiration to us all.”

Parliamentary Secretary for Religious Affairs and Interfaith Harmony Aftab Jehangir, Dean of Diplomatic Corps and Ambassador of Turkmenistan Atadjan Movlamov and Chief Executive Officer of Serena Hotels Aziz Boolani also spoke on the occasion.

Begum Samina Alvi visited the stalls set up by embassies of different countries which was followed by stage performances depicting cultures of the region.

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COURTESY app

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ISLAMABAD, MAR 28: PML-N Vice President Maryam Nawaz alleged on Saturday that PPP co-chairman Asif Ali Zardari had offered a deal to the PML-N in a meeting of the Pakistan Democratic Movement (PDM), purportedly backed by the establishment, of regime change in Punjab.

Maryam made the allegation while speaking to the media outside the Lahore High Court, where she had gone to submit her bail bond of Rs1 million in a case concerning alleged illegal acquisition of land in Jati Umra. She is on interim bail till April 12 in the case.

She said Zardari had "made this offer inside the PDM that if PML-N wants, then we [PPP], because selectors also want this, want a [regime change] in Punjab".

Maryam said Prime Minister Imran Khan was backing Punjab Chief Minister Usman Buzdar while the "selectors" wanted change in Punjab.

"They said if the PML-N and PDM accept, then we can bring change in Punjab though a vote of no confidence [against the Punjab chief minister] and make [Chaudhry] Pervaiz Elahi or someone else the chief minister."

She went on to say that PML-N supremo Nawaz Sharif had rejected the offer and given a "clear answer" that he would not sacrifice his principles or work together with the "selectors" to attain political power.

"His entire stance was based on our narrative that you should remain in the limits and boundaries of the law and Constitution, and don't interfere in politics," she said.

She said Nawaz refused to leave his principles in exchange for political power.

Maryam rubbished a question when asked whether the slogan of aik Zardari sab pe bhari (one Zardari outweighs all) had prevailed yet again, saying: "If I today too sacrifice my principles and Mian Sahab sacrifices his principles then we can outweigh the whole of Pakistan."

"I think it is a moment of shame," said Maryam, adding that everyone knew how to throw around their political weight but "to walk on principles and be steadfast is the the way to go and the nation is watching."

'Sacrificed principles for small post'

Maryam lashed out at the PPP's decision to submit Yousuf Raza Gilani's nomination for the leader of the opposition in the Senate.

Gilani was successful in the bid — with 30 votes in his support compared to 17 for the PML-N-backed candidate Azam Nazeer Tarar — and was confirmed as the leader of the opposition in a notification issued by the Senate Secretariat on Friday.

She said that while she would wait for PDM chief Fazlur Rehman's stance on the issue, she herself was very "saddened by this — despite having an idea and having all understanding — that you [PPP] for a small position, dealt a very big loss to a democratic cause, democracy and the struggle for the supremacy of the people's rights".

She railed against the PPP and said in reality "this loss has been dealt to you [PPP] the most" since now the people were watching every single move and knew where everyone's true affiliations lay.

"This is not the defeat of the parties involved in the PDM including the PML-N. I understand this is the defeat of those people who sacrificed their principles for a small position."

Maryam said the office of the leader of the opposition in the Senate held no weight, was not an important position and "if the PML-N had gotten this position then it's not as if we were making the government".

She said the PPP, for a small and temporary benefit, had approached the Balochistan Awami Party (BAP) for votes. "That BAP which doesn't support anyone without permission from its baap (father)?"

'Could have asked Nawaz'

Maryam said if the PPP "wanted this position and wanted it so badly then you should've asked Nawaz Sharif and he would've given it — like he had provided support for Gilani in the Senate elections and for the Senate chairman".

She alleged that the PML-N candidate, Tarar, had received a call from Senate Chairman Sadiq Sanjrani six days ago and he [Tarar] had also been offered the help of the BAP but he refused to betray the PML-N, its stance and its struggle.

Maryam pointed out that for the first time in Pakistan's history "government members are electing or 'selecting' the leader of the opposition. Have you seen this before?"

"The opposition is the PML-N, JUI-F (Jamiat Ulema-i-Islam-Fazl) and other parties and they voted for PML-N as was decided in the PDM. So I've seen for the first time that the leader of the opposition [in the Senate] is being made after meeting with government and officials."

Maryam said, alluding to the PPP, that if it thought people were naive or that it could make excuses then "I think you can may be a fool yourself but you can't fool the people".

"If you have to be obedient and be selected then you should follow [Prime Minister] Imran Khan who does that with great stubbornness and [despite] being exposed, [continues to] follow the words of the 'father'.

"This can't happen that sometimes [you are] in the opposition and sometimes in the government, you should openly admit that you listened to and accepted the orders of the 'father'."

Maryam claimed the PPP had lost the support of the people and and it no longer trusted its own ability to gain power from the people.

She said the PPP thought that there was no path available for it to attain political power except for being "selected", adding that now everyone could see who stood where and what their real positions were.

"The PML-N, Maulana (Fazlur Rehman) and other parties involved in the PDM — who are standing on principle — are enough to give a strong time to the government.

"Clearly, those who have the people's power with them, they trust the people, they trust the democratic system and they don't make a deal in the middle and exit."

Maryam also addressed a separate question and said the sentence given to former president General (r) Pervez Musharraf had forever set an example.

She said the sentence of the death penalty against him was "not just a decision against Pervez Musharraf but a decision against every person in the past who tried to attack democracy, trample on the power of the vote and this is also a great deterrence for future leaders who have such intentions".

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COURTESY DAWN NEWS

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ZEM Builders have taken the collaboration game to the next level by partnering with Islamabad United for PSL 6. It was confirmed that the real estate agency has sponsored the reds after the release of official statements by both organizations.

Official statements

It was finally confirmed much to the anticipation of the fans that ZEM Builders have risen to the occasion and sponsored the leading PSL franchise. Zeeshan Qureshi, the CEO of ZEM Builders in Bahria Town Rawalpindi, was pleased to announce that his real estate agency has joined hands with the greatest team that PSL has ever seen. He said “PSL is the most awaited T20 cricket event of the year, and we are proudly announcing our partnership with Islamabad United. Islamabad United is a prestigious team of PSL, and we’re delighted with this partnership. I feel that it is a pleasure for us to partner with Islamabad United that performed well in previous PSL seasons. It (Islamabad United) also shares our vision of the betterment of Pakistan, ensuring good quality. We wish them the best of luck for this season of PSL.”

The owner of Islamabad United, Ali Naqvi, was as pleased as everyone when announcing the partnership with one of the bests in the real estate industry. He said, “We are pleased to partner with one of the leading real estate companies in Pakistan. Their pursuit of excellence is one that we share.

He further complimented the ZEM Builders on the work they have done over the course of the last 15 years to make Pakistan a better place for future generations. He added, “Their (ZEM Builders) presence in the twin cities region of Islamabad and Rawalpindi makes them an obvious partner for us.”

About Zem Builders

ZEM builders are among the best Real Estate companies you will find in Rawalpindi and Islamabad. The company has been at the forefront since the year 2005. Zem builders have brought new and exciting standards of living to the market that provides numerous facilities at your own doorstep.

ZEM builders are here to provide you with your favorite living space concepts. ZEM provides magnificent themed areas that are appealing for every woman and child, for every age and interest. ZEM builders have made sure that the people of the twin cities get what they have craved for their whole life. Since the last few years, Zem builders have signed dozens of deals to ensure that the living standard of the people of Islamabad reaches top quality. Some of their projects include Lake Vista, Skylark, Liberty Tower, ZEM Ark, ZEM Ark 2, and Urban Nest.

Islamabad United

Islamabad United is the best team in the history of PSL (Pakistan Super League). The team has won two out of five league titles, the most by any team in the league. So, how did Islamabad United manage to do that? Well, there are a few reasons why Islamabad United has been the most successful

team. One, Islamabad United availed every opportunity to win the games at the most important moments.

Secondly, the players Islamabad United chooses are the best the world has at the moment. Examples are Hassan Ali, Shadab Khan, and Alex Hales. These guys have done wonders for not only their national teams, but they have played T20 leagues all over the world.

How can the partnership benefit Pakistan?

Ever since the news of the collab broke out, there is hope among the people of Pakistan that it would represent a good image of the country on global media. There is also hope that both organizations would work hand in hand for the betterment of the country.

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ISLAMABAD, MAR 27: Huawei Pakistan organized an IdeaHub Golf tournament, an invite only tournament to promote the sport among the ICT sector. Federal Secretary of IT and Telecommunications, Shoaib Siddiqui was the chief guest of the event.

The tournament had 83 golfers, and was inaugurated by CEO of Jazz, Mr. Aamir Ibrahim. PTCL Group EVP Mr. Nadeem, Deputy CEO of Huawei Pakistan, Mr. Ahmed Bilal Masud was also present at the occasion, along with participants from different telcos and different ICT companies in Pakistan.

 83 golfers were divided into 21 groups. After a fierce competition, the golfers with the top three gross score, top three net score and one nearest to the pin were awarded with Huawei phones and watches as trophy.

In the award ceremony, Huawei demonstrated the Huawei IdeaHub: a sleek 4K screen with a contemporary, user-centric design, a minimalist stand that gives it the look of a next-generation product that fit for any office space.

The 4K screen has H.265 technology with 60fps that delivers a crisp, clear, smooth experience. The device has a touch feature that lets one make your presentations interactive with users.

The Federal Secretary Mr. Shoaib Siddiqui conclude the event by saying, “Huawei is a company which has strength, value, technology, commitment and knows how to stand up and how to tackle issues, resistance, problems and still remain in the field, while simultaneously promoting technology and developing an ecosystem with the government, society, youth and the tech sector.

Huawei IdeaHub is a wonderful discovery, the world in your room, the world on your fingertips.”

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ZEM Builders have sent a great statement of intent by announcing themselves as partners of Islamabad United for PSL 6. The news has added to the joy of the fans who are rooting for Islamabad United in the ongoing season of the biggest cricketing event in the country.

Regarding the partnership 

The CEO of ZEM Builders in Bahria Town Rawalpindi, Zeeshan Qureshi broke the news of the collaboration with Islamabad United a few days back by saying, “PSL is the most awaited T20 cricket event of the year, and we are proudly announcing our partnership with Islamabad.

United. Islamabad United is a prestigious team of PSL, and we’re delighted with this partnership.”

He believes that the partnership between two of the leading organizations in the twin cities is a step in the right direction. “I feel that it is a pleasure for us to partner with Islamabad United that performed well in previous PSL seasons. It (Islamabad United) also shares our vision of the betterment of Pakistan, ensuring good quality. We wish them the best of luck for this season of PSL.”

On the other hand, Ali Naqvi, Islamabad United owner, has also confirmed that ZEM Builders have sponsored his team for the sixth edition of the PSL. “We are pleased to partner with one of the leading real estate companies in Pakistan. Their pursuit of excellence is one that we share.”

He praised the efforts of ZEM Builders in playing an active role in the development of the twin cities. He said, “Their (ZEM Builders) presence in the twin cities region of Islamabad and Rawalpindi makes them an obvious partner for us.”

Who are ZEM Builders?

Zem Builders have built a reputation of itself as one of the most trustworthy real estate companies in Pakistan. Ever since their launch, they have become a household name and have changed the map of the twin cities with their state of art projects. Some of their projects include Lake Vista, Skylark, Liberty Tower, ZEM Ark, ZEM Ark 2, and Urban Nest. ZEM Gardenia is the latest project of these real estate giants that is coming soon. Want to know more about the projects of the ZEM Builders? Check out their website.

The CEO of ZEM Builders, Zeeshan Qureshi has set his sight on making ZEM Builders a global company that would become the face of Pakistan's real estate industry.

Islamabad United

A PSL franchise that does not need any introduction. Their records speak for themselves. Islamabad United is the most successful team in the history of the PSL. They have been crowned the champions of the biggest sports event of Pakistan not once but twice, in 2016 and 2018 respectively, making them the only team to do so. The reds have started the PSL 6 in hot form and they are one of the favorites to lift the trophy for the third time. They have a star-studded squad that is bound to produce stellar performances. From Alex Hales to Phil Salt to Shadab Khan, Islamabad United has superstars in every department, a feature that not many teams can claim to have. This gives them an edge over the competitors.

What is in it for the fans?

The collaboration between two of the leading organizations of the twin cities has raised the hopes of the fans. They hope that both of them would work together as a unit to improve the sports as well as living standards of not only the twin cities but of Pakistan. Now that they have joined forces it can be said that it is only a matter of time before they produce unmatched results. 

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ISLAMABAD, MAR 27: An online meeting was held between the Communication University of China (CUC), Beijing, University of the Punjab, Lahore, and the Center for Global & Strategic Studies (CGSS), Islamabad.

During the meeting, various academic initiatives and projects were explained by the Communication University of China and the University of the Punjab.

It was further decided that the two education institutions will collaborate to initiate joint academic projects. The discussed projects included conferences, seminars, Round Table Discussions, etc.

Furthermore, in order to develop long-term academic connectivity between the two universities, scholarship programs for masters and PhD students, research projects, and faculty exchange programs were stressed upon. Additionally, significant projects under media education, communication, and science and technology were also brought under discussion.

During the meeting, the management of Communication University of China praised the active role played by CGSS in bridging the gap present in the academic domain of the two brother countries i.e., China and Pakistan. The meeting, facilitated by CGSS, aimed at developing bilateral academic connectivity.

The online meeting was attended by representatives from Communication University of China (CUC), Beijing, University of the Punjab, Lahore, and the Center for Global & Strategic Studies (CGSS), Islamabad. They included:

• Mr. Wenyuan Wang, Deputy Director of the International Office, Communication University of China • Prof. Yanqiu Zhang, Vice Dean of the Institute for A Community with Shared Future, Director of African Media Research Center, Communication University of China

• Prof. Deqiang JI, Vice Dean of the Institute for A Community with Shared Future, Communication University of China

• Prof. Dr. Muhammad Saleem Mazhar, Pro-Vice Chancellor, University of the Punjab, Lahore

• Dr. Fauzia Hadi Ali, Director, Regional Integration Center, University of the Punjab, Lahore

• Mr. Khalid Taimur Akram, Executive Director, Center for Global & Strategic Studies (CGSS), Islamabad

• Ms. Palwasha Nawaz, Project Executive, Center for Global & Strategic Studies (CGSS), Islamabad.

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COURTESY CGSS

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Exclusive / Editor-In-Chief

Farukh Shehzad

Majority of us including people especially from the subcontinent and Pakistan are always excited to travel abroad to further establish their business and to enhance the style of living.

A long time ago a large number of Pakistani families travelled to different parts of Europe to earn money and making their future better and more secure.

After reaching in various parts of Europe, Pakistani families faced a huge struggle in different shapes, for example, they were like just born babies, they did not have the idea of how to speak and communicate with local people there in Europe, they did not have any idea which business and work we should go for? But they continued putting their efforts on the moneymaking path and eventually, after a long course of time, they got succeed.

And now, Pakistani families living in Europe are very much well settled, they have established their business now and probably their different bank accounts are filled with money, so they are enjoying all the facilities, as well as they, they have enabled theirselves to purchase any expansive product with ease.

What are the assets?

Assets mean children of Pakistani families... they are the assets of them.

I belong to Lalamusa, the oldest and historic city of Pakistan and my native place.

When I sit with friends we discuss various topics and the world affairs.

During that discussion, I have heard about stories of Pakistani families of my native town (Lalamusa).

Year's back a family alone with his children travelled to Spain and after spending a few years in Spain they started to feel and notice something strange was happening around them.

They noticed that children of those families who were well settled already in Spain, their children are not listening to their parents and they have made foreign friends, specially Pakistani Muslim girls who have made foreign boyfriends and they are going with them to late night parties in clubs.

He said, Children of those families came at home late at night, especially Pak Muslim Grils came late at night and parents could not do anything to stop their Girls and Children, which was a pain full moment for those parents and the parents were crying for not having control over their children in Spain.

After watching all this the family of my native town who traveled to Spain finally they overturned its decision to stay in Spain and decided to buy the air tickets to fly back to Pakistan and they along with their boys and girls returned to Pakistan without losing any moment.

All of the people at that time criticized him a lot for leaving Spain but after passing many years his decision proved a good one and now he is in Pakistan, earning a small amount of money but he has secured and saved his assets, saved his children from going on wrong tracks.

One more family of my city (Lalamusa) who traveled to an European country along with their children they also witnessed that Pakistani Muslim girls have made foreign boyfriends, going to parties with them, coming back home at late night.

Their parents have been crying, after watching all this, and this family decided to spend nonstop 6 months in Pakistan with their children and 6 months in Europe to save their assets, to save their children.   

80% are the chances that the decision of spending nonstop 6 months in Pakistan will work for this family in keeping their assets safe and secure.

Culture of Advice in Europe:

The culture of advice does not exist in Europe. As we know on most of the occasion children in Europe after the age of 18, they do not pay attention to the advice of their parents but the culture of advice to some extent exist in Pakistan as yet.

Concluding Remarks:

It's not only about Spain, in fact, entire Europe has also the same culture of living.

Want to say to parents that your Children are your valuable assets, Save your assets / save your boys and girls by spending your whole life with your children in Pakistan, or at least by spending nonstop 6 months in Pakistan.

Pakistani Families can not afford to spend their entire life in Europe if they want to save their assets.   

The recipe is quite simple for the Pakistani Families living in Europe that they must adopt the culture of living in Pakistan.

Live in Pakistan, earn less amount of money and save your children, save your assets.

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Since the Broadsheet scandal surfaced a few weeks ago, it has been wrongly perceived from a narrow skewed lens. Broadsheet CEO Kaveh Moussavi capitalised on the opportunity provided by the lack of comprehension to command the media airwaves and set a narrative that presented everyone involved from the Pakistani side in a bad light. The government did the right thing by making the arbitration award documents public.  However, this is just the beginning; the whole broadsheet episode calls for accountability and for fixing responsibility of this fiasco.

Historically, the Broadsheet dispute is tied up with Pakistani politics and its battle with corruption. The National Accountability Bureau, formed in 1999, hired Broadsheet in 2000 to trace and recover assets allegedly stolen by influential figures, including former Prime Minister Nawaz Sharif. In late 1999s, NAB began negotiations with Trouvons (a Colorado-based company) for recovery of assets and plundered money outside of Pakistan. 

At that time, Jimmy James represented and was part-owner of Trouvons, whose business included the kind of investigations and recovery assets that NAB would require to be carried out. He had some previous business experience in Pakistan. His business associates included a Colorado lawyer Ronald Rudman and an English barrister William Pepper. James represented to NAB that Trouvons had the necessary expertise and experience to undertake the work of investigation and recovery of assets on behalf of NAB internationally, outside Pakistan.

Contrary, NAB ended up signing an agreement with Broadsheet whose ultimate beneficiary was also Jimmy James but it was a shell company, registered in the Isle of Man (IoM) just a month before signing of the agreement.  It is interesting to note that the agreement was signed on the basis of qualification of Trouvons as it is near to impossible that Broadsheet, having been formed a month earlier, could have any kind of the experience which was expected of it.  The point to note is that NAB totally failed to take into account why Jimmy James (also main beneficiary of Trouvons) established a new company just one month before the agreement with NAB.

Had it been attentive, the agreement with Broadsheet may have not been signed. The suggested and unchallenged reason for the change from Trouvons to Broadsheet as a contracting party under the ARA (Asset Recovery Agreement) was that Ronald Rudman had been suspended from his membership of the Colorado Bar on grounds of dishonesty. James knew that if NAB became aware of it, there would be no further negotiation. Therefore, he caused Broadsheet to be incorporated so that it rather than Trouvons could enter into the proposed agreement with NAB, as it did on 20th June 2000.

Moreover, a parallel and separate agreement was signed between NAB and International Assets Recovery firm (IAR), represented by William Pepper on 15 July 2000.  The agreement signed between Broadsheet was intended is to be limited to investigations and recovery of assets in USA, Europe and Asia, and IAR was to cover other parts of the world.

With the NRO underway between Gen Pervez Musharraf and the Sharif family, NAB terminated the agreement unilaterally with Broadsheet in October 2003 without going through the proper termination procedure. NAB had terminated the ARA accusing Broadsheet of misrepresentations made during pre-contractual negotiations and commitment of repudiatory breaches. To which, Broadsheet contended that any shortfall in its performance of the ARA was caused by NAB’s breaches of its own obligations and it claimed damages in respect of those.  To the misrepresentation plea taken by NAB, the arbitrator noted that the alleged representations were made on behalf of Trouvons, not Broadsheet.

Another key issue in this whole saga was the correct interpretation of clause 4 of the ARA, which gave Broadsheet the right to claim compensation. The scope of the ARA was intended to be limited to investigations and recovery of assets in the USA, Europe and Asia, not worldwide.  But that was achieved not by express provision, but by limiting its scope to specific registered persons or entities or targets. Its scope was defined as reference to the target list and there were no geographical limits.  The arbitrator noted that neither party has raised the question of possible rectification of the written agreement (a remedy that might be available under English law if the document mistakenly failed to record what was in fact agreed).  Therefore, the advantage of this misrepresentation went in favour of Broadsheet’s claim.

In April 2007, Broadsheet was dissolved by the court. Unaware of the fact, NAB entered into settlement agreements with International Assets Recovery firm (IAR) and Broadsheet in 2008.  Under these agreements, NAB undertook to pay $1.5 million to Broadsheet and $2.25 million to IAR.  James signed the agreement as chairman of Broadsheet LLC Gibraltar (a misnomer) , as a manager of Steeplechase and also on his own behalf describing himself as shareholder and beneficiary of Broadsheet LLC, without giving any regard to the fact that the Broadsheet (Isle of Man) had already been dissolved in April 2007. During this period, NAB totally failed to find out that Broadsheet IoM was under liquidation and Jimmy James was not entitled to sign any agreement on behalf of Broadsheet IoM.  The fact that the settlement worth $1.5 million was paid in two instalments to Broadsheet Colorado instead of Broadsheet IoM displays the height of negligence.

At the time, when the poor taxpayers of Pakistan were paying the price of elite corruption and  the incompetence of its institutions, Moussavi was gearing up to milk this sad state of affairs. During his meeting with Ahmer Bilal Soofi in April 2007, Moussavi learned that the latter was meeting Jimmy James to settle the Broadsheet claims in his personal capacity without involving Moussavi, who thought himself to be 50 percent claimant of the settlement proceeds.  The backdrop to this 50 percent claim was his meeting with Jimmy James back in the early 2000s, where he offered James that in return for funding Broadsheet’s costs of bringing a claim against NAB , they would share the proceeds 50/50 .  Knowing that Jimmy James’ settlement with NAB had no legal standing, as Broadsheet was under liquidation, he created his financial stakes in Broadsheet by contacting an unpaid creditor of Broadsheet, Oakfield Corporate Services, whose claim was for a modest sum of £4000 pounds.  IAR, funded by Moussavi, acquired the debt from Oakfield on terms which included paying the balance from the proceeds of any recovery from NAB. In a further transaction, IAR acquired the beneficial interest in Broadsheet from two Panamanian companies that were its original members and moved court to declare the liquidation null and void. From November 2009 onwards, Broadsheet has been controlled by Moussavi.

Having Moussavi in control, Broadsheet went into arbitration against NAB. The hearing on the Liability Award was held in August 2016 by the London Court of International Arbitration. Owing to lack of interest shown by the then government, a liability award was issued in favour of Broadsheet. Subsequently the Quantum Award hearing took place in July 2018 and the Court awarded Broadsheet $21.59 million plus interest as damages for the breach and repudiation of the agreement.  The appeal against the Quantum award was dismissed in July 2019. The incumbent government tried its level best to use all available legal remedies to salvage the situation, until the UK High Court seized the account of the Pakistan High Commission in London. Left with no choice and to save the national honour and dignity, the government finally approved $28.7 million payments to Broadsheet.

In a nutshell, the Pakistani taxpayer has paid the price of elites’ corruption and malafide intention on the part of negligent individuals. Now, the best the government can do is to uphold its manifesto of accountability and fix responsibility. The key areas of inquiry may revolve around the process of selection and appointment of Broadsheet and IAR, the officials responsible for drafting a flawed contract (article 4 of ARA), reasons and effect of cancellation of agreements with Broadsheet and IAR in 2003, justification of settlements agreements, wrong payment and interest of successive governments in arbitration proceedings.  The moral of the story is simple– there needs to be no compromise on corruption, otherwise Pakistani nation will keep paying for elites’ corruption and tyranny, as in the case of Broadsheet.

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COURTESY Pakistan Today

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ISLAMABAD, MAR 26: Special Assistant to the Prime Minister on Petroleum Nadeem Babar has been asked to resign from his position over last year's fuel crisis, federal minister Asad Umar announced on Friday.

Addressing a press conference, he said Prime Minister Imran Khan had asked Babar to step down from the position for a 90-day period, during which the Federal Investigation Agency (FIA) will conduct a forensic investigation into the "criminal acts" that led to the fuel crisis.

The agency will be bound to submit its report within 90 days based on which prosecution of the elements involved will be done.

Meanwhile, the petroleum secretary will also be given an order to report to the establishment as soon as the decision for his replacement is made, which Umar said will be before the start of the forensic probe.

The minister stressed that the decision was not being taken because any unlawful step had been spotted by the government related to the SAPM or petroleum secretary.

"The prime minister has taken this decision because the investigation of the whole chain has to happen; there are investigations of billions of rupees worth of loss to the nation, that is why to bring this certainty that there is not even a doubt that anyone could influence [the probe], these actions have been taken for both these individuals," the minister said.

In addition, "it was said about some of the people sitting in administrative positions that their background is such or they don't have the capability or ability to be sitting on those positions. The petroleum division has been told to look at those administrative decisions and quickly report to the PM after making those decisions," Umar told the presser.

He noted that the Petroleum Division, which represents the executive branch, and the Oil and Gas Regulatory Authority (Ogra) played a central role in the law according to which all the petroleum sector was run.

He said an "ambiguity" had been created by the lawmaking done so far about which actions were the responsibility of Ogra, the regulator, and which were to be taken care of by the Petroleum Division.

"To end that ambiguity, a law will be made and whatever amendments are required [will be done], so it is completely clear who has the authority and responsibility," he said, adding that during the investigation into the fuel crisis, Ogra stated that some tasks were to be done by the Petroleum Division and vice versa, "and both were quoting different sections of the law".

Umar said the punishments for many actions that could cause loss to the economy and the people were very weak, announcing that "the law will be revisited [and] the punishments and sentences will be made according to the consequence — meaning the harm that is possible from them."

A number of other things have also been identified for improvement in the petroleum sector which will be reported to the Petroleum Division following which it will make its action plan, the minister revealed.

He said Prime Minister Imran Khan always sought to make the lives of Pakistanis better and one of the challenges in such efforts was the existence of "big cartels" and mafias in different sectors "which for many decades have become stronger and stronger".

Umar said after the report into the fuel crisis was made public on the premier's orders, critics had questioned who had been punished in light of the probe.

"Now the time is coming for punishments," he said, stressing that the prime minister was determined that the cartels and mafias "will not be forgiven in any case".

"And when these actions are taken, these very powerful mafias and cartels will not sit and accept quietly and silently the PM's decisions and stay at home," Umar said. "They will try to create a lot of difficulties but the prime minister is ready for that and that's why there is a message for all these cartels from the PM that your time has come to an end and now the time of the people of Pakistan has come."

The minister said there was "no doubt" that the institutions which were responsible for preventing corrupt practices had failed in fulfilling that duty.

"We have to determine exactly whether that responsibility was not fulfilled just because they were not qualified or they had any confusion in their mind about their power and authority and where their personal interests were directly involved and where they colluded in this theft," he emphasised.

"The PM is clear that those who are responsible and involved in this crime, whoever they are, go to jail and are handcuffed."

The crisis and the probe

In June last year, the country witnessed a severe petroleum shortage, ostensibly due to falling global prices and the attempt by the oil industry to avoid inventory losses.

Subsequently, Prime Minister Imran Khan ordered an Inquiry Commission to ascertain the facts behind the shortage and fix responsibility.

The Inquiry Commission, headed by Abubakar Khudabakhsh, the additional director general of FIA, originally comprised seven members, including those from investigating agencies, former members of Ogra and attorney general, but later co-opted eight other experts to complete the task.

The commission’s 163-page report, issued in December, had hurled scathing allegations at the entire oil supply chain, from policymakers to regulators and market players down to retail outlets, besides recommending departmental proceedings against top hierarchy of the Petroleum Division, dissolution of Ogra and a halt to the operations of refinery and oil marketing company Byco.

The commission had also estimated over Rs250 billion worth of oil smuggling from Iran and noted that a wide range of operations in the oil sector were against the law and rules, operating in a vacuum and without any check and balance.

Speaking alongside Umar, Education Minister Shafqat Mehmood said Babar and the petroleum secretary being asked to step down did not mean that any investigation or proceedings had been done against them.

"This has been done so the inquiry which has to happen and the forensic evidence that has to be collected, there is not even a doubt that those people who were managing these affairs at the time can somehow influence that inquiry," he stressed. "So this distinction is very important to be kept in mind that they have been asked to step down in an effort to make that inquiry fair and transparent."

Asked why no action was being taken against federal Minister for Energy Omar Ayub Khan, Umar said Khan's role was on a policy level and he was "not directly involved in these operational affairs".

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COURTESY DAWN NEWS

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