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Senator Raza Rabbani takes exception to formation of new cabinet panel for disposal of legislative cases

Senator Raza Rabbani on Friday took strong exception to the caretaker government’s reconstitution of the Cabinet Committee for Disposal of Legislative Cases (CCLC), saying that it was a “violation of the scheme of the Constitution and section 230, Election Act, 2017”.
A day earlier, interim Prime Minister Anwaarul Haq Kakar reshaped three key committees of the federal cabinet. These included the Cabinet Committee on Energy, Cabinet Committee on Chinese Investment Projects and Cabinet Committee for Disposal of Legislative Cases.
According to a notification issued by the Cabinet Secretariat, the CCLC has been reconstituted with a slightly reduced membership. To be led by the minister for law and justice, the committee would comprise ministers for information, planning, religious affairs and IT and telecom.
During the tenure of the previous government, the committee led by the law minister comprised ministers for interior, water resources, board of investment, parliamentary affairs and economic affairs.
The Attorney General for Pakistan and secretaries for cabinet division and law and justice would remain unchanged as special invitees while an additional secretary of the Prime Minister’s Office has now been added to the committee.
Surprisingly, the new committee would also be responsible for examining whether fresh legislation or amendments in the existing laws are in line with the Constitutional scheme, not in violation of any existing law, and fall within the mandate of Parliament and to examine the contents of fresh legislations and rules as well as amendments to the existing laws/rules, and give its recommendations as to whether the same is in line with the policy of the government and Constitutional and legislative scheme.
Under the terms of reference, in case the CCLC decides to amend the proposal of the sponsoring Division, from a policy perspective, and the same is agreed to by the sponsoring Division in the CCLC meeting, the amended proposal shall be placed before the Cabinet for ratification and in case of disagreement between the Sponsoring Division and CCLC on a policy matter, the points of view of both shall be placed before the Cabinet for a decision.
In a press release issued today, a copy of which is available with Dawn.com, Senator Rabbani highlighted that the mandate of the caretaker government/cabinet was limited to and could not exceed day-to-day affairs and did not include the examination of laws passed by the Parliament.
“The cabinet committee consists of five federal ministers and four special invitees including the Attorney General for Pakistan.
“The committee has defined four TORs (terms of reference), one of which mandates it to look at the recently passed legislation to see if it conforms to the Constitution, is in conflict with existing laws and above all if Parliament was competent to pass them,” the PPP senator said.
The committee, he continued, had been assigned the role of the “judiciary” and an unelected government “will sit in judgment over the constitutional competence of Parliament”.
“This also raises very serious questions as to the intentions of the caretakers,” he added.
Powers and functions of the caretaker government
Under Section 230 of the 2017 Act, the caretaker government’s responsibility is to perform day-to-day administrative matters necessary to ensure the smooth functioning of the government, assist the Election Commission of Pakistan (ECP) in conducting elections in accordance with the law, restrict its activities to routine tasks that serve the public interest and can be reversed by the government elected after the elections and remain impartial toward all individuals and political parties.
However, the Pakistan Democratic Government, before its departure, amended the 2017 Election Act.
On July 26, 2023, the joint session of Parliament proposed over 54 amendments to the 2017 Act including amendments to Section 230. The amendments were proposed by the ruling PML-N, which claimed that they were necessary to protect the economic interests of Pakistan and to ensure the continuity of ongoing projects and agreements. While there was consensus on all other clauses, subclauses relating to changes in Section 230 prompted controversy and discussion in the parliament. The concerns raised by allies and opposition members led to these clauses being reviewed and re-drafted, following which the bill was passed.
According to the amended Section 230, the restrictions on the functions of the interim government would not apply whenever circumstances exist that necessitate it to take actions or decisions necessary for the protection of Pakistan’s economic interests dealing with bilateral and multilateral agreements or projects already initiated under the Public Private Partnership Authority Act 2017, the Inter-Governmental Commercial Transactions Act 2022, and the Privatisation Commission Ordinance 2000.
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Rogue doctor’s arrest a ‘test case’ for law enforcement

• Originally a plastic surgeon at LGH, Mumtaz conducted illegal operations in private residences
• Officials say surgeries have claimed lives of several patients including foreign nationals
LAHORE: Notorious illegal kidney transplant surgeon Fawad Mumtaz, who was re-arrested a couple of days ago by Lahore police after he escaped from custody, has become a ‘test case’ for the criminal justice system and the law enforcement agencies, especially for the Punjab police.
Mumtaz has been booked and arrested several times by Federal Investigation Agency (FIA) and Punjab police, but each time, he has managed to obtain bail and continued his illegal transplant racket.
According to his criminal record, Mumtaz has been running the largest-ever illegal kidney transplant racket across the country, especially in Punjab, Khyber Pakhtunkhwa and Azad Jammu and Kashmir since 2009.
An official said that Mumtaz was originally a plastic surgeon at the state-run Lahore General Hospital. He was serving as an assistant professor when he was first suspended from service for conducting illegal transplant procedures.
The rogue surgeon has reportedly become a billionaire, exploiting rich clients and charging exorbitant amounts from clients — especially those from Gulf countries — to perform illegal transplant operations.
According to FIA and police investigations, Mumtaz would charge Rs10 million to Rs15 million from foreign clients/patients for each illegal kidney transplant and used to pay Rs100,000 to Rs150,000 to local donors, who his gang members would trap with the promise of employment or other lures.
The rogue surgeon would conduct the illegal transplant procedures in rented houses in private housing societies in cities across the province, it has emerged.
A few days ago, Lahore police picked him up from Taxila in connection with a case registered against him at Garden Town police station.
But shockingly, Mumtaz managed to flee from police custody, and the official explanation provided was that four of his armed accomplices attacked the police team and managed to free him.
The incident prompted caretaker Punjab chief minister Mohsin Naqvi to hold a press conference.
He told journalists on Sunday that Mumtaz has been re-arrested by Lahore police and action has been proposed against police officers who had taken him into custody before he managed to escape.
Lahore DIG Investigation Imran Kishwar told Dawn the accused was on physical remand and police were interrogating him. He said the officials responsible for his escape had been suspended from service and a departmental inquiry has been launched to punish them accordingly.
An official told Dawn that Mumtaz had a notorious criminal record spanning over a decade.
Currently, several cases are lodged against him in Lahore, Multan, Okara, Bahawalpur, Faisalabad, Taxila and Rawalpindi.
The last case against him was registered in Taxila, where a joint team of the Punjab Human Organ Transplant Authority and local police arrested six suspects, including doctors and paramedics, during a raid in March.
Talking about illegal renal transplant procedures, the official said that Mumtaz had performed a kidney transplant on the daughter of famous comedian Umar Sharif in Azad Jammu and Kashmir in February 2020.
During the procedure, she developed serious complications and was brought to hospital in Lahore, where she breathed her last, the official said, adding that Mumtaz received Rs3.5 million from the family to perform the illegal transplant in AJK because there were no laws to prevent illegal human organ transplants in that territory.
FIA teams had also failed to arrest Mumtaz during an earlier raid on his residence in Lahore, and consequently, the rogue surgeon had managed to go into hiding. He was arrested by FIA in April 2017, when he had carried out illegal transplant procedures on Jordanian, Libyan and Omani nationals at EME Society in Lahore for Rs6m each.
Later, FIA revealed that a Jordanian national had died during the illegal procedure.
The deceased woman’s death certificate was faked by one of Mumtaz’s accomplices, Dr Altamash Kharal, and the body was kept in another private hospital in Defence before being sent back to Jordan. At the time, FIA had recommended action against Mumtaz and his accomplices.
Published in Dawn, October 3rd, 2023
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Naila Kiani, Sirbaz Khan become first Pakistani duo to summit world’s 6th highest peak Cho Oyu

Mountaineers Naila Kiani and Sirbaz Khan became the first Pakistani duo to summit the 8,201-metre-tall Cho Oyu — the world’s sixth-highest peak in China’s Tibet — on Monday.
The mountain is located on the Nepal-Tibet border 20 kilometres west of Mount Everest in the Mahalangur range. Cho Oyu means “Turquoise Goddess” in Tibetan.
The duo reached the summit earlier today at 12:30pm (Nepal Time) as part of the expedition led by Imagine Nepal. Khan made the climb without using any supplementary oxygen.
They successfully reached the summit just five days after crossing the Tibet border from Nepal.
Kiani became the first Pakistani woman climber to summit 10 peaks above 8,000m and the only Pakistani to ascend seven peaks above 8,000m in six months.
Meanwhile, Khan became the only Pakistani to summit 13 peaks above 8,000m with today’s success and the only one to conquer 10 mountains above 8,000m without the use of supplementary oxygen.
Last month, the two had also successfully completed the ascent of the world’s eighth-highest peak, 8,163m-tall Mt Manaslu, in Nepal. Subsequently, the duo had arrived in China with the aim of conquering both Cho Oyu and Shishapangma.
Kiani has already scaled Broad Peak (8,047m), Annapurna (8,091m), K2 (8,611m), Lhotse (8,516m), Gasherbrum I (8,068m), Gasherbrum II (8,035m), Nanga Parbat (8,125m) and Mount Everest (8,849m).
Saad Munawar, Khan’s expedition manager, told Dawn.com that Khan was on a mission to complete the challenging goal of conquering all 14 peaks above 8,000m.
“Hailing from the Hunza district of Gilgit-Baltistan, Sirbaz continues to make his homeland proud with his extraordinary mountaineering achievements,” he said.
Munawar also commended Kiani’s determination, emphasising that her ascent of the peak occurred under “extraordinarily challenging conditions” marked by poor visibility and adverse weather.
“The marathon climb, spanning over 28 hours, stands as a testament to her exceptional strength and mountaineering prowess,” he said.
Alpine Club of Pakistan Secretary Karrar Haidri felicitated Kiani and Khan for their triumphant ascent of Cho Oyu.
“We hold our collective hopes and prayers for their safe return from this extraordinary adventure. Their dedication to mountaineering is truly commendable, and their achievements serve as a wellspring of inspiration for all,” he remarked while talking to Dawn.com.
Separately, young Pakistani climber Shehroze Kashif reached the base camp of Cho Oyu and will commence his endeavour to ascend the peak from Tuesday (tomorrow).
The summit will mark his 13th conquest of an 8,000m peak.
He also scaled Manaslu last month.
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Circular debt grows despite tariff hikes

ISLAMABAD: Power sector circular debt continues to grow despite all the repeated tariff increases on a monthly, quarterly and annual basis as the government takes a strategic move towards billing in the consumer tariffs capacity charges payable to power producers.
This came to light when the National Electric Power Regulatory Authority (Nepra) on Monday notified a flat Rs3.2814 per unit additional quarterly tariff adjustment (QTA) in electricity bills of all consumer categories (except lifeline consumers) and companies including (K-Electric) for the next six months — October to March 2024. The overall revenue impact goes beyond Rs200bn which includes Rs136bn on account of additional cash flows to 10 ex-Wapda distribution companies (Discos), in addition to 18pc GST.
Simultaneously, the Power Division also silently put on its website the National Electric Plan (NEP) 2023-27 approved by the PDM-led coalition government on Aug 8 envisaging partial recovery of capacity charges payable to IPPs through fixed charges in all consumers except those in very poor category.
The Power Division on the other hand uploaded on its website a circular debt report for the period ending June 30, showing total payables to Independent Power Producers (IPPs) at Rs1.434 trillion and total circular debt at Rs2.31tr. The report card released after a gap of about three months showed payables to IPPs growing by Rs83bn and total circular debt by Rs57bn in FY23 when compared to the previous fiscal year. The payables to public sector generation companies also went up by Rs10bn to Rs111bn.
Caretaker govt silently adopts National Electric Plan 2023-27
Electric plan
“Fixed charges shall be progressively incorporated in the tariffs of all consumer segments except consumers of protected category. Such fixed charges shall duly account for, inter alia, the share of capacity cost in cost of service, market interventions, consumption behaviours and affordability of consumers,” said the NEP which has now been adopted by the caretaker government as well. “It is aimed that by FY27, the fixed charges shall account for at least 20pc of the fixed cost of the respective categories evaluated through a cost-of-service study,” it added.
The plan envisages the continuation of cross-subsidies — electricity to be charged at higher rates from commercial, industrial and higher consumption residential consumers — to finance the sociopolitical responsibility of the government to provide subsidy to the lifeline and protected-category consumers but promises full overall cost recovery of the electricity supply through enhanced rates from all consumers. “Tariffs for the residential consumers shall be progressively adjusted to align with the principle of cost-of-service,” it added.
The tariff design shall be regularly revisited to foster market interventions, cross-subsidy rationalisation, bill & revenue stability and customer satisfaction through multi-part tariff structures, creation & restructuring of slabs in existing categories of the consumers and creation of new categories, etc.
Published in Dawn, October 3rd, 2023
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