Preventive Detention Can’t Be Invoked For Law And Order Situation: SC
While underscoring that the preventive detention law “strikes hard on the freedom and liberty of an individual, and cannot be exercised in a routine manner”, the Supreme Court in an extremely laudable, learned, landmark and latest judgment titled Shaik Nazneen vs The State of Telangana & Ors in Criminal Appeal No. 908 of 2022 (@ SLP (Crl.) No. 4260 of 2022) and cited in 2022 LiveLaw (SC) 559 has observed that “the powers to be exercised under this law are exceptional powers which have been given to the government for its exercise in an exceptional situation”. It must be noted that the Apex Court has once again clearly highlighted the distinction that while a law and order situation can be dealt with under the ordinary law of land, it is only when there is a public order situation that the invocation of the powers under the law of preventive detention is justified, absent which the preventive detention would be bad and would be in violation of Articles 21 and 22 of the Constitution as it encroaches upon the liberty and freedom of an individual. The Apex Court Bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia were hearing an appeal against the March judgment of the Telangana High Court by which the Habeas Corpus Writ Petition of the petitioner-wife challenging the order of prevention of detention of her husband had been dismissed.
To start with, this brief, brilliant, bold and balanced judgment authored by Apex Court Bench comprising of Justice CT Ravikumar and Justice Sudhanshu Dhulia sets the ball rolling by first and foremost putting forth in para 1 that, “This appeal challenges the order dated 25.03.2022 passed by the High Court of Judicature for the State of Telangana at Hyderabad by which the Habeas Corpus Writ Petition bearing No. 35519 of 2021 of the petitioner-wife challenging the order of prevention of detention of her husband has been dismissed.”
To put things in perspective, the Bench then envisages in para 2 that, “The brief facts of the case are that the prevention detention order was passed against the husband of the petitioner on 28th October, 2021 by the Commissioner of Police, Rachakonda Commissionerate on grounds that the detenu was involved in gold chain snatching offences, where victims were mostly women. He has been doing this since the year 2020 in the States of Andhra Pradesh and Telangana. He was involved in as many as 36 gold chain snatching offences. Earlier, the detenu, along with three others, had formed a gang to commit these offences in order to make quick money. It was alleged that they had come to Hyderabad in a car bearing No. AP 39 TU 5033 and took shelter in a lodge. Their modus operandi was to first conduct recce of some residential areas and after selecting a suitable residential area, lift two wheelers and motor cycles which were then used in the chain snatching offences. Although according to the Authority the detenu was involved in more than 30 cases but only 4 cases of chain snatching were considered as ground for detention, as the other cases were reported to be behind the proximity period and out of the jurisdiction of Commissionerate. The four cases on which reliance has been placed are as under:
“(1) Crime No. 355 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.
(2) Crime No. 358 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.
(3) Crime No. 532 of 2021 for the offence under Section 392 read with 34 IPC of Medipally Police Station.
(4) Crime No. 533 of 2021 for the offences under Sections 392, 411 read with 34 IPC of Medipally Police Station.””
Briefly stated, the Bench then specifies in para 3 stating that, “In short, against the detenu the F.I.Rs primarily an offence of ‘robbery’ under section 392 of the Indian Penal Code. The detention order also says that the crimes were committed in broad day light and have thus resulted in creation of fear and panic in the minds of the general public, especially women and hence, the Government had to interfere in order to “maintain public order”.”
It must be noted that the Bench then discloses in para 4 that, “The said four cases were allegedly committed by the detenu within a span of two months between 06.05.2021 to 26.07.2021 and were committed within the jurisdiction of one police station i.e., Medipalli police station. In all these cases, the detenu had moved bail applications before the concerned Metropolitan Magistrate and was granted bail under Section 167 (2) Cr.P.C, which is commonly known as ‘default bail’ and the detenu was released on 16.10.2021. The detention order was later passed on 28.10.2021, which was subsequently confirmed by the Advisory Council on 13.01.2022, i.e., within the stipulated time. The detenu is under detention since 28.10.2021.”
While referring to the relevant law in this regard, the Bench then lays bare in para 5 stating that, “The Preventive Detention Law, under which the powers have been exercised is a long winded statute called the “Telangana Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986”(hereinafter referred to as `the Act’). Powers have been exercised under Section 3 of the Act which reads as under:
“3. (1) The Government may, if satisfied with respect to any boot-legger, dacoit, drugoffender, goonda, immoral traffic offender [Land-Grabber, Spurious Seed Offender, Insecticide Offender, Fertilizer Offender, Food Adulteration Offender, Fake Document Offender, Scheduled Commodities Offender, Forest Offender, Gaming Offender, Sexual Offender, Explosive Substances Offender, Arms Offender, Cyber Crime Offender and White Collar or Financial Offender] that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it is necessary so to do, make an order directing that such person be detained.
(2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (1), exercise the powers conferred by the said subsection:
Provided that the period specified in the order made by the Government under this sub-section shall not in the first instance, exceed three months, but the Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
(3) When any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the mean time, it has been approved by the Government.””
To be sure, the Bench then points out in para 6 that, “The powers have been exercised in the present case under section 3(1) of the Act. Under the aforesaid provision, inter alia, a detention order can be passed against a “goonda”. A “goonda” has been defined under Section 2 (g) of the Act, which reads as under:
“2. g) “goonda” means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code.”
It deserves mentioning that the Bench then notes in para 7 that, “Since the allegation is that the detenu is involved in four cases of chain snatching i.e., robbery, which comes under offences given under Chapter XVII of the Indian Penal Code, he has been declared a habitual offender and thus a “goonda” vide the detention order dated 28.10.2021.”
As we see, the Bench then observes in para 8 that, “Now under section 3(1) of the Act, detention order can be passed, inter alia, against a “goonda”, “with a view to prevent him from acting in any manner prejudicial to the maintenance of public order…”. Due to the detenu’s alleged involvement in four criminal cases relating to “robbery” he has been declared a “goonda” and it is said that this is acting in a manner which is “prejudicial to the maintenance of public order”.”
Be it noted, the Bench then mandates in para 9 that, “A bare reading of the aforesaid provision shows that the “maintenance of public order” has a crucial bearing here and unless the Government is justified in holding that the act of the detenu is prejudicial to the maintenance of public order, the preventive detention would be bad and would be in violation of Articles 21 and 22 of the Constitution of India as it encroaches upon the liberty and freedom of an individual.”
Of course, the Bench then mentions in para 10 that, “The detention order was challenged by the wife of the detenu in a Habeas Corpus petition before the Division Bench of the Telangana High Court. The ground taken by the petitioner before the High Court was that reliance has been taken by the Authority of four cases of chain snatching, as already mentioned above. The admitted position is that in all these four cases the detenu has been released on bail by the Magistrate. Moreover, in any case, the nature of crime as alleged against the petitioner can at best be said to be a law and order situation and not the public order situation, which would have justified invoking the powers under the Preventive Detention Law. This, however did not find favour with the Division Bench of the High Court, which dismissed the petition, upholding the validity of the detention order.”
Simply put, the Bench then specifies in para 11 that, “Shri Rahul Gupta, learned counsel for the Petitioner before this Court has confined his arguments on two aspects. Firstly, the detenu is allegedly involved in four criminal cases where he has been granted bail, and that too has been granted as the prosecution, in all four cases, failed to file its charge sheet in time. Now they cannot resort to the law of Preventive Detention. Secondly, even assuming the allegations of the prosecution to be correct, then too it only reflects a “law and order” problem and not a “public order” problem as mentioned under the Act.”
Quite forthrightly, the Bench then candidly concedes in para 13 that, “The reason why bail was granted in all four cases, however, has not been given. Bail was granted in all the four cases due to the inability of the prosecution, which did not complete its investigation in time. The bail had to be given as the charge sheet was not filed by the police in all the cases within the stipulated period of 60 days. The fault thus lies with the prosecution.”
While setting the record straight, the Bench then also pointed out aptly in para 14 that, “The other reason assigned is that the Trial Court while granting bail did not lay down any conditions. This is again a wrong presentation of the case. Conditions were not imposed simply as it was a default bail, and in bail of this nature conditions are not liable to be imposed.”
Most significantly, the Bench then minces no words to hold in para 15 that, “Having heard the learned counsel for the petitioner and learned counsel for the State of Telangana, we are of the considered view that in the present case invocation of the Preventive Detention Law against the petitioner was not justified. The powers to be exercised under the Preventive Detention Law are exceptional powers which have been given to the Government for its exercise in an exceptional situation as it strikes hard on the freedom and liberty of an individual, and thus cannot be exercised in a routine manner. The distinction between law and order situation and a public order situation has been dealt with by the Supreme Court in a catena of decisions. In the case of Ram Manohar Lohia Vs. State of Bihar, it has been held as under:
51. “We have here a case of detention under Rule 30 of the Defence of India Rules which permits apprehension and detention of a person likely to act in a manner prejudicial to the maintenance of public order. It follows that if such a person is not detained public disorder is the apprehended result. Disorder is no doubt prevented by the maintenance of law and order also but disorder is a broad spectrum which includes at one end small disturbances and at the other the most serious and cataclysmic happenings. Does the expression “public order” take in every kind of disorders or only some of them? The answer to this serves to distinguish “public order” from “law and order” because the latter undoubtedly takes in all of them. Public order if disturbed, must lead to public disorder. Every breach of the peace does not lead to public disorder. When two drunkards quarrel and fight there is disorder but not public disorder. They can be dealt with under the powers to maintain law and order but cannot be detained on the ground that they were disturbing public order. Suppose that the two fighters were of rival communities and one of them tried to raise communal passions. The problem is still one of law and order but it raises the apprehension of public disorder. Other examples can be imagined. The contravention of law always affects order but before it can be said to affect public order, it must affect the community or the public at large. A mere disturbance of law and order leading to disorder is thus not necessarily sufficient for action under the Defence of India Act but disturbances which subvert the public order are. A District Magistrate is entitled to take action under Rule 30(1) (b) to prevent subversion of public order but not in aid of maintenance of law and order under ordinary circumstances.
52. It will thus appear that just as “public order” in the rulings of this Court (earlier cited) was said to comprehend disorders of less gravity than those affecting “security of State”, “law and order” also comprehends disorders of less gravity than those affecting “public order”. One has to imagine three concentric circles. Law and order represents the largest circle within which is the next circle representing public order and the smallest circle represents security of State. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of the State. By using the expression “maintenance of law and order” the District Magistrate was widening his own field of action and was adding a clause to the Defence of India Rules.””
While referring to recent case laws, the Bench then states in para 16 that, “In two recent decisions [Banka Sneha Sheela Vs. State of Telangana (Crl.A.No.733/2021) ; Mallada K. Sri Ram Vs. State of Telangana (Crl.A. No. 561/2021)], this Court had set aside the detention orders which were passed, under the same Act, i.e., the present Telangana Act, primarily relying upon the decision in Dr. Ram Manohar Lohia case (supra) and holding that the detention orders were not justified as it was dealing with a law and order situation and not a public order situation.”
It cannot be glossed over that the Bench then holds in para 17 that, “In any case, the State is not without a remedy, as in case the detenu is much a menace to the society as is being alleged, then the prosecution should seek for the cancellation of his bail and/or move an appeal to the Higher Court. But definitely seeking shelter under the preventive detention law is not the proper remedy under the facts and circumstances of the case.”
Most commendably, the Bench then while referring to latest case law remarks in para 18 that, “In fact, in a recent decision of this Court, the Court had to make an observation regarding the routine and unjustified use of the Preventive Detention Law in the State of Telangana. This has been done in the case of Mallada K. Sri Ram Vs. The State of Telangana & Ors. 2022 6 SCALE 50, it was stated as under:
“17. It is also relevant to note, that in the last five years, this Court has quashed over five detention orders under the Telangana Act of 1986 for inter alia incorrectly applying the standard for maintenance of public order and relying on stale materials while passing the orders of detention. At least ten detention orders under the Telangana Act of 1986 have been set aside by the High Court of Telangana in the last one year itself. These numbers evince a callous exercise of the exceptional power of preventive detention by the detaining authorities and the respondent-state. We direct the respondents to take stock of challenges to detention orders pending before the Advisory Board, High Court and Supreme Court and evaluate the fairness of the detention order against lawful standards.”
Finally, the Bench then concludes by holding in para 19 that, “In view of the above, the appeal stands allowed. The order of detention dated 28.10.2021 and order dated 25.03.2022 of the Division Bench of the High Court of Telangana are set aside. The detenu shall be released forthwith, in case he is not required in any other case.”
All told, the Apex Court has thus made it indubitably clear that preventive detention can’t be invoked for ordinary law and order situations. It has also voiced its utmost concern on routine and unjustified use of preventive detention laws which cannot be allowed to go unchecked and unabated as such preventive detention would be bad and in violation of Articles 21 and 22 of the Constitution as it clearly encroaches on the liberty and freedom of an individual. Very rightly so!
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Election Commission declares 253 RUPPs as inactive, bars them from availing benefits of the Symbol Order, 1968
Additional 86 Non-existent RUPPs shall be deleted from the list and benefits under the Symbols Order (1968) withdrawnAction against these 339 (86+253) non-compliant. RUPPs takes the tally to 537 defaulting RUPPs since May 25, 2022
In continuation of the earlier action initiated on May 25, 2022 for enforcing due compliances by Registered Unrecognized Political Parties (RUPPs), the Election Commission of India led by Chief Election Commissioner, Shri Rajiv Kumar and Election Commissioner Shri Anup Chandra Pandey today further delisted 86 non-existent RUPPs and declared additional 253 as ‘Inactive RUPPs’. This action against 339 non-compliant RUPPs takes the tally to 537 defaulting RUPPs since May 25, 2022.
As per statutory requirements under section 29A of the RP Act, every political party has to communicate any change in its name, head office, office bearers, address, PAN to the Commission without delay. 86 RUPPs have been found to be non-existent either after a physical verification carried out by the respective Chief Electoral Officers of concerned States/UTs or based on report of undelivered letters/notices from Postal Authority sent to the registered address of concerned RUPP. It may be recalled that ECI had delisted 87 RUPPs and 111 RUPPs vide orders dated May 25, 2022 and June 20, 2022, thus totalling the number of delisted RUPPs to 284.
This decision against 253 non-compliant RUPPs has been taken based on reports received from Chief Electoral Officers of seven states namely Bihar, Delhi, Karnataka, Maharashtra, Tamil Nadu, Telangana & Uttar Pradesh. These 253 RUPPs have been declared inactive, as they have not responded to the letter/notice delivered to them and have not contested a single election either to the General Assembly of a State or the Parliament Election 2014 & 2019. These RUPPs have failed to comply with statutory requirements for more than 16 compliance steps since 2015 and are continuing to default.
It is also noted that of the above 253 parties, 66 RUPPs actually applied for a common symbol as per para 10B of the Symbol’s Order 1968 and did not contest the respective elections. It is pertinent to note that privilege of a common symbol is given to RUPP based upon an undertaking for putting up at least 5 percent of total candidates with regard to said legislative assembly election of a State. Possibility of such parties occupying the available pre-election political space by taking benefits of admissible entitlements without contesting elections cannot be ruled out.
Coastal clean-up campaign receives a huge response: Dr. Jitendra Singh
The 75-day long ongoing Coastal Clean Up Campaign is receiving a huge response from across the sections of society and besides others, Governors, Chief Ministers, Union Ministers, celebrities, film and sports personalities, civil society groups etc. are joining the campaign with overwhelming enthusiasm and pledging their support to the longest and largest beach cleaning campaign in the world titled “Swachh Sagar, Surakshit Sagar”, coordinated by Union Ministry of Earth Sciences with collaboration from all the other Union Ministries, departments as well as governments of the coastal States.
Addressing a press conference today, three days ahead of “International Coastal Clean-up Day” on 17th September, Union Minister of State (Independent Charge) Science & Technology, Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh said, he will join the campaign at Juhu beach in Mumbai on 17th September and informed that Governor Maharashtra Bhagat Singh Koshiyari, Deputy Chief Minister of Maharashtra Devendra Fadnavis, BJP MP Poonam Mahajan and several personalities as well as NGOs will also join at Juhu.
The Minister also thanked Prime Minister Narendra Modi for his support through social media. The PM has stressed on keeping India’s coasts clean as he praised efforts of volunteers to remove garbage from the Juhu beach in Mumbai. Responding to a video posted by Union Minister Dr Jitendra Singh about the clean-up at the beach, Modi tweeted, “Commendable… I appreciate all those involved in this effort. India is blessed with a long and beautiful coastline and it is important we focus on keeping our coasts clean”. The Minister said, “A cleanathon was organised at Juhu Beach in Mumbai, saw participation in large numbers especially by youngsters and Civil Society.
Dr Jitendra Singh informed that Union Education Minister Dharmendra Pradhan will take a lead in the clean-up campaign at world famous Puri beach, while Pratap Chandra Sarangi, former union minister will be at Chandipur. BJP MP from Hooghly, West Bengal Ms Locket Chatterjee will be at Digha on D-Day. R.K.Mission head will lead the campaign at Bakkhali in southern Bengal.
Chief Minister of Gujarat Bhupendrabhai Patel will be at Porbandar (Madhavpur), while Union Minister of Fisheries, Animal Husbandry and Dairying Parshottam Khodabhai Rupala will join the clean-up operation at Jafrabad, Amreli.
Governor of Goa P. S. Sreedharan Pillai and Chief Minister Pramod Sawant will take part in beach cleaning campaign in South and North Goa beaches on 17th September.
Similarly, Kerala Governor Arif Mohammad Khan will be at Kochi, while MoS External Affairs V. Muraleedharan will be at Kovalam beach at Thiruvananthapuram.
Governor of Karnataka Thawar Chand Gehlot will join the campaign at Panambur beach in Mangalore, while the Governor of Telangana, Dr. Tamilisai Soundararajan will lend her helping hand at Puducherry beach.
Governor of Mizoram Dr. K. Hari Babu will take part in Vizag beach while L. Murugan, Union MoS, Information and Broadcasting will join the event at Chennai
Dr Jitendra Singh informed that the campaign has entered the mode of whole of Government approach plus whole of nation participation.
Dr Jitendra Singh said, apart from active cooperation of Ministries of Environment, Forest and Climate Change, Jal Shakti, Health and Family Welfare, Fisheries, Animal Husbandry and Dairying, External Affairs, Information and Broadcasting, organisations and associations like National Service Scheme (NSS), Indian Coast Guard, National Disaster Management Authority (NDMA), Seema Jagran Manch, SFD, Paryavaran Sanrakshan Gatividhi (PSG), along with other social organizations and educational institutions are participating in the clean-up campaign.
The MPs of coastal states have also pledged full support to the first-of-its-kind and longest running coastal clean-up campaign in the world and they also advised the Ministry of Earth Sciences to undertake a variety of activities by involving local NGOs.
DASHBOARD TO BE SET UP SOON TO SHARE THE BEST TECH PRACTICES AMONG THE CENTRE & THE STATES: UNION MINISTER JITENDRA SINGH
Union Minister of State (Independent Charge) Science & Technology; Minister of State (Independent Charge) Earth Sciences; MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh today announced setting up of a Dashboard to share the best technology practices among the Centre and the States.
Presiding over the concluding session of the two-day “Centre-State Science Conclave” at Science City in Ahmedabad, Dr Jitendra Singh informed that a high level mechanism will be developed by the Department of Science and Technology to monitor and coordinate the follow up action of the conclave. The Minister also asked the States to appoint a Nodal officer in each of the States to coordinate and cooperate with the Special Committee for knowing and sharing the best practices.
Giving the example of heli-borne technology launched from Jodhpur, Rajasthan in October, 2021, Dr Jitendra Singh said, to start with, the States of Rajasthan, Gujarat, Punjab and Haryana were taken up for this latest heli-borne survey.
The Minister pointed out that if the same technology is uploaded on Dashboard, other States may join and share this CSIR technology from source finding to water treatment and thus benefit millions of people across the country.
Dr Jitendra Singh said, it will also positively contribute to Prime Minister Narendra Modi’s “Har Ghar Nal Se Jal” as well as “doubling farmer’s income” goals. He said, the latest state-of-the-art technology is being employed by Council of Scientific & Industrial Research (CSIR) for mapping groundwater sources in arid regions and thus help utilise groundwater for drinking purposes.
The 2-day ‘Centre-State Science Conclave’ was formally inaugurated by Prime Minister Narendra Modi at Science City, Ahmedabad, yesterday. Dr Jitendra Singh expressed satisfaction that important plenary sessions with State S&T Ministers discussed in detail on issues like Agriculture, Innovation for producing portable drinking water including application of technologies like Desalination, Heli borne methods developed by DST, Clean Energy for All including S&T role in Hydrogen mission, Deep Sea Mission of MoES and its relevance for Coastal States/UT, Digital healthcare for All and Synergizing Science with National Education Policy.
A special session with the CEOs of over 100 Start-Ups and industry at the Centre-State Science Conclave’ in Ahmedabad came up with scientific solutions in the field of agriculture, drone, artificial intelligence, biotechnological solutions, single-use plastic alternates, irrigation and digital health amongst others.
Many of the State governments have shown keen interest in some of the technologies and agreed to partner with some of the startups for State-specific technological solutions.
Floods, economic crisis and political bickerings: A saga of Pakistan’s mismanagement & insensitivity
The worst floods in several decades have wreaked havoc in Pakistan, one of the most populous countries of South Asia. The floods have touched the country’s 220 million people’s lives directly or indirectly. More than 1,300 people have died with 81 out of 160 districts directly affected by the floods, leaving at least 33 million people homeless.
The heat waves followed by rains and glacial melting has been a global trend this year bringing out the stark reality that despite all talks and conventions, the world community has failed to contain and reverse climatic change. But Pakistan’s case is unique.
Beyond the human losses, the country’s economic managers have the most challenging task ahead as floods ravaged the country’s road and communication network, damaged an incalculable number of houses, and destroyed millions of hectares of crops.
Niaz Murtaza, a political economist, describes present crisis as “a triple whammy”, putting together economic, political and natural. “The poor had been suffering the first two months because of inflation, job loss and political paralysis. Now the floods have pushed millions into ruin,” he said.
Despite this, the political masters are not only busy in bickering and allegations against each other, but have also triggered a blame game on social media as usual, pointing fingers on India for the flood havoc. The bombardment of propaganda, nevertheless, cannot change the reality that Pakistan government and its institutions have utterly failed in fulfilling their duties towards its citizens.
Ludicrous as it is, it cannot absolve the leadership of Pakistan that has failed people in terms of economic mismanagement, entrenched corruption and naked cronyism in the system. Added to these are the wrong policies and priorities of Islamabad which have been instrumental in bringing economic crisis and political instability. The floods have only abetted it.
The natural disaster has struck Pakistan while economy is passing through the difficult phase of multiple challenges including Balance of Payment (BoP) crisis, heavy debt burden and solvency-related issues. The protracted economic crisis is likely to deepen further despite conclusion of talks with the IMF for release of Extended Fund Facility credit.
While Finance Minister Miftah Ismail estimates that the country has incurred a total loss of “at least $10 billion”, independent analysts, including Uzar Younus, Director of the Pakistan Initiative at the Atlantic Council’s South Asia centre and economist Ammar Habib Khan, put the figure between $15-20 billion, and expect it to rise further as information is coming with a great lag.
Existing infrastructure is collapsing with the flooding submerging one-third of the country, pushing 37 per cent of population into poverty. Pakistan is literally and figuratively under deep water, writes Nasir Jamal. It may take a few more months before the damages can be assessed. Even before the flooding, 60 per cent of the population was suffering from hunger, malnutrition and related diseases and the figures are bound to shoot up now.
In view of the mammoth loss, the IMF’s $1.2 billion credit now seems to be a peanut. Pakistan was earlier wounded and now it is bleeding. Floods will exacerbate the economic crisis that had shown initial signs of abating with the IMF deal. Twin deficits, growth prospects and inflationary expectations will be worsening, inflicting misery on the poor. Despite increasing gravity of the situation, saving people’s life and livelihood have not still become the priorities among the political class who are revealing in an ugly slugfest.
The real cost of the natural calamity is being borne by millions of poor kids, pregnant women, elderly and sick persons crowded under the open sky or tents, prone to hunger, diseases and insecurity as they wait for aid. It will be weeks before many can even return to their villages as the land drains and dries. It will take months, even years, to recover from the loss of housing, animals, crops and cultivable land.
Covid-19 had only disrupted economic exchange without damaging the economic base. But the flood has destroyed crops, land, animals, bridges, etc. negatively impacting deeper on the poor and the economy. And the insensitive political class in Pakistan is still deeply engrossed in political maneuver and cunning tricks against each other rather than presenting a united face at the time of calamity. That is the character of Pakistan’s politics.
In view of the contribution of agriculture to the extent of one fourth of the GDP, the country would have to face major revenue loss due to crop losses. As per the UN Food and Agriculture Organization’s August 29 report, almost 80 per cent of crops in Sindh, which produces roughly 30% of Pakistan’s cotton output, were destroyed.
Close to 70 per cent of Pakistan’s textile industry, an important source of employment and foreign exchange, uses the cotton produced in the country. Floods are likely to cause severe shortage of cotton, said Abdul Rahim Nasir, Chairman of the All Pakistan Textile Mills Association. He added that instead of earlier average import of cotton estimated at about 4 million bales, Pakistan would now need to import just the double of that figure, at a potential cost of $3 billion.
Shahrukh Wani, an Oxford economist, says the flood will make it terribly difficult for the government to reduce the trade deficit because while the country will need to import food to “compensate” for lost crops, the textile sector will find itself struggling due to “potential shortage” of cotton crop.
The biting inflation which rose to 25% in the month of July from a year earlier, the highest since May 1975, is taking its own toll on the living conditions of masses. The flooding would further push up the inflation and accentuate the scarcity of even essentials.
Amreen Soorani, Head of Research at JS Global Capital Ltd, said that “the main concern from the floods is the impact on inflation”. Even the IMF warned that the runaway inflation could trigger protests and instability.
Islamabad secured funds from the IMF for immediate bailout of the economy from the saturating forex crisis. However, the problems would be far from over for Islamabad. As the advanced countries are focused more on the impact of Ukraine-Russia war and trying to cope with recessionary pressures while some of the development partners including Middle Eastern countries and China are down with donor fatigue, Islamabad has scant probability to get any major international relief.
For now, the immediate challenge that government will face is to fulfil the conditions of raising taxes and applying austerity measures as part of its agreement with the IMF for its bailout package. This might turn out a politically unpopular move and could flare up the political bickering. The condition is rife for mass protests in view of increasing cost of living for many months now, which opposition could take advantage of. Anger is rising across Pakistan over the slow pace of government relief efforts.
The catastrophic floods have put a downward pressure on growth prospectus. Initial estimates suggest that the economic growth rate may slow down to just 2 per cent. Prime Minister Shehbaz Sharif has said that the recent floods caused more damage than the 2010 calamity wherein the economic losses had been estimated at $9.7 billion. The floods have already caused supply chain-related issues.
Even during natural calamity, politicians are concerned about their political agenda rather than allowing international aid agencies to import essential food items from the neighbouring country. Cases after cases of corruption are cropping up, “you reveal mine, I will reveal yours”, an unending slugfest continues.
Instead of fighting the fallout of the devastating natural calamity united, they are engrossed in manoeuvre and cunning tricks and a regressive thought process whether or not to allow aid flow from India. Some of the government top officials have suggested importing essential commodities such as food and medicine from India, while others are still the victim of the old rigidities and anti-India mindset.
India is an undoable reality of being the most potent vehicle of South Asia’s growth vision as it is a responsible regional power and the fastest growing economy of the world, which offers a big market for exports and sourcing imports. Islamabad needs to understand that cooperation with neighbours does not reduce the stature of a calamity hit country.
Separated in 1947, Sikh brother meets sister reunite
The Kartarpur Corridor has once again reunited another family after a man who separated from his parents when he was only a few months old in 1947, finally met his sister in Pakistan.
Amarjit Singh was left out in India along with his sister while his Muslim parents came to Pakistan. All eyes went teary as they saw the emotional scenes of the brother-sister reunion in Gurdwara Darbar Sahib Kartarpur, Geo News reported.
Amarjit Singh arrived in Pakistan via the Wagah border with a visa to meet his Muslim sister and to remain as her guest.
His sister, 65-year-old Kulsoom Akhtar, could not control her emotions after seeing Amarjit.
Both hugged each other and kept crying. She had travelled from her hometown in Faisalabad along with her son Shahzad Ahmed and other family members to meet her brother.
Kulsoom said that her parents came to Pakistan from the suburbs of the Jalandhar region of India in 1947, leaving behind her younger brother and a sister, Express Tribune reported.
Kulsoom said she was born in Pakistan and used to hear about her lost brother and a sister from her mother. She said that her mother used to cry every time whenever she remembered her missing children. Kulsoom said that she did not expect that she would ever be able to meet her brother and sister. However, a few years ago, a friend of her father Sardar Dara Singh came to Pakistan from India.
Kulsoom’s mother told Singh about her son and daughter she left behind in India. She also told him the name of their village and the location of their house in the neighbouring country.
Amarjit then visited her house in Padawan village of Jalandhar and informed her that her son was alive but her daughter was dead. Her son was named Amarjit Singh who was adopted by a Sikh family back then in 1947, The Express Tribune reported.
After getting the brother’s information, Amarjit and Kulsoom Akhtar contacted on WhatsApp and using the Kartarpur Corridor and the meeting between the two siblings became a reality.
Now an elderly man, Sardar Amarjit Singh came to Gurdwara Sahib in a wheelchair. Kulsoom Akhtar also could not travel due to back pain, but she showed courage and reached Kartarpur from Faisalabad along with her son. Both the siblings kept crying while embracing each other and remembering their parents.
Amarjit said that when he first learned that his real parents were in Pakistan and were Muslims, it was a shock to him. However, he comforted his heart that many families were separated from each other in addition to his own family.
Many Muslim children became Sikhs and many Sikh children became Muslims, Express Tribune reported.
He said that he always wanted to meet his real sister and brothers. He said that he is happy to know that three of his brothers are alive. However, one brother who was in Germany has passed away.
He said he will now come to Pakistan via the Wagah border with a visa and spend time with his family. He also said that he will take his family to India as well so that they could meet their Sikh family. Both the siblings had brought many gifts for each other.
Shahzad Ahmad, son of Kulsoom, said that he used to hear about his uncle from his grandmother and mother. He said that all of the siblings were very young at the time of Partition and no name was given to Amarjit or perhaps, after so many years, the name had slipped out of mind.
“I understand that since my uncle was brought up by a Sikh family, he happens to be a Sikh, and my family and I have no problem with this,” he added.
Shahzad said that he is happy that even after 75 years his mother has found her lost brother.
22 officers of different cadres to serve in J&K
The Centre has relaxed Department of Personnel and Training (DoPT) deputation rules to encourage IAS and other all-India service officers as well as those of the Central Services get posted in Jammu & Kashmir, in a bid to address the shortage of officers in the Union Territory.
Union Minister of State for Personnel Jitendra Singh said that due to relaxation of DoPT rules, 22 officers belonging to various services and different cadres have been posted in Jammu & Kashmir at various levels at a crucial time.
He said that DoPT has played a major role in facilitating induction of Jammu & Kashmir Administrative Services officers into the IAS by coordinating with UT administration, the Ministry of Home Affairs and the UPSC.
As a result, recently 16 officers from JKAS have been inducted into IAS and another 8 such vacancies will be filled up shortly giving opportunities to the JKAS officers to become part of prestigious IAS service after a long gap of 12 years.
The Minister added that mid-career training of JKAS officers of various seniority was carried out in collaboration with the LBSNAA and this has provided a new level of exposure to the JKAS Officers and more than 200 offices. Some other initiatives by the Ministry include special concessions or incentives to the Central government employees working in the Kashmir Valley in attached and subordinate offices or PSUs falling under control of the Central government.
They have been extended special concessions for a period of 3 years with effect from August 1, 2021 and the incentives include an additional house rent allowance, composite transfer grant, per diem allowance, incentive for period of temporary duty, messing allowance, and facility to draw pension at place of settlement in relaxation of relevant provisions.
Besides, facilities for retention of general pool accommodation available to officers who have served in the Central government has also been extended to officers posted in Jammu & Kashmir on the pattern of northeastern states.
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