DAWN Editorials - 23th January 2025

[faheemustad]

A dying light

IT appears that some Supreme Court justices will not go gently into the night. Though the institution’s authority and esteem now seem to wane with every passing day, their fight to resist total capture, as ordained by the 26th Amendment, continues undeterred.

They may be up against formidable odds and gravely disadvantaged by their institution’s inability to maintain a united front, but their continued refusal to surrender is what gives the public hope that at least a part of the institution still clings to life.

As the concepts of lawfulness, fairness and justice become ever more remote, power must be reminded where the lines are drawn. It may be that the lines will still be crossed — such is the conceit of those who feel they are themselves the law — but as long as there are those who will insist on calling a spade a spade, hope will not be lost.

There is currently an ongoing dispute within the SC over a case that was transferred from a regular bench that was already hearing it to the constitutional bench.


Several senior justices and members of the legal community have highlighted that the case, once it started being heard, could not simply be taken from the bench hearing it and handed to another. That this was done in this case via an administrative order even prompted one of the justices to reportedly remark, “Where it is felt that the decision may be against the government, then the case is withdrawn from the bench. This is not correct.”

The wider community, too, has raised serious concerns about the implications of this incident on the independence of the judiciary, with the All Pakistan Lawyers Action Committee reminding the judiciary that “[The judges] are duty-bound to act as guardians of justice, not facilitators of vested interests.”

It must be pointed out here that disputes and confusion over who gets to hear what case were anticipated and warned of by many jurists when the 26th Amendment was being passed.

Since its enactment, the repercussions have been devastating not just for the SC but also for its judges, whose power and prestige seem to have been reduced to that of a junior officer. Even the office of chief justice of Pakistan has not been immune to its ravages.

Meanwhile, the constitutional bench has emerged as a parallel court that seems to enjoy overarching jurisdiction and authority over all consequential matters. The problems this is creating will soon come to a head.

The apex court must acknowledge the objections that have been raised regarding the 26th Amendment and fix the matter before a full court. It is important that they are settled quickly and comprehensively for the sake of the institution.

Published in Dawn, January 23rd, 2025


Controversial canals

THE Punjab government’s contentious plans to build new canals to facilitate corporate farming in the province under the Green Pakistan Initiative in complete disregard for Sindh’s objections to the project have intensified the water conflict between the two provinces. The heat generated by the debate on the controversial scheme in the Senate on Tuesday is only a trailer of things to come unless a resolution of the conflict is found, and soon. The plan has already triggered protests across Sindh, bringing opposing political parties, civil society groups and nationalist organisations onto one platform to vehemently oppose it.

As the lowest riparian in the system, Sindh is rightfully worried about the new irrigation schemes due to insufficient water availability in the Indus basin system. On paper, as pointed out by a JUI-F senator during the debate, the 1991 Water Apportionment Accord has nearly 117 MAF water to distribute among the federating units, but in reality the water available in the system for apportionment is always far short of it. No wonder the Indus delta is struggling with the disastrous consequences of shrinking annual average ecological flow below Kotri Barrage, which has decreased to 14 MAF between 1999 and 2022 from 40.69 MAF between 1976 and 1998. Rapid climate change is exacerbating these shortages and their impact on agriculture and ecology of the province. Shortages apart, some of these schemes also face certain legal and technical issues since the water availability for these canals is not sanctioned in the 1991 accord. These issues could be overcome easily if surplus water was available in the system. But this is not the case, with climate change often resulting in lower-than-normal rainfall, causing drought or drought-like conditions across the country. Thus, the argument made by PML-N Senator Irfan Siddiqui in the upper house that the water accord permitted Punjab to build new canals using its permissible allocated share does not have a leg to stand on. The only way for the PML-N government to prevent this issue from getting out of hand is to heed the advice of lawmakers and others and bring the matter to the CCI for discussion and decision. Arbitrary decisions on such issues as the ones related to water sharing by the centre have done enough damage to interprovincial harmony. Continuation of this practice will further harm the federation.

Published in Dawn, January 23rd, 2025


Killjoys

THE skies over Lahore have fallen silent. Punjab’s latest legislation banning kite flying represents a troubling overcorrection that conflates legitimate safety concerns with cultural suppression. The new law, which threatens kite flyers with up to five years’ imprisonment and steep fines of Rs2m, transforms a centuries-old tradition into a serious crime — equivalent in severity to many violent offences. While the government’s concern for public safety is legitimate — metal-coated strings have indeed caused tragic accidents — the response is disproportionate. Kite flying, celebrated in spring as part of Basant festivities, is a cherished tradition in Pakistan. Around the world, from Japan’s vibrant Hamamatsu festival to India’s International Kite Festival in Gujarat, authorities have successfully balanced safety with tradition by designating specific areas for kite flying and enforcing strict regulations on string materials. The recent religious decree declaring kite flying “un-Islamic” further muddies the waters, mixing matters of public safety with religious interpretation. This risks setting a troubling precedent where harmless cultural practices are threatened by overregulation.

A more measured approach would focus on the real culprit: the manufacture and distribution of dangerous string materials. Instead of criminalising children for flying kites — with fines starting at Rs50,000 for minors — law enforcement resources would be better spent disrupting the supply chains of metallic and glass-coated strings. The Basant festival, once a herald of spring that drew tourists from across the globe to Lahore, now joins the growing list of traditions sacrificed at the altar of overreach. The economic impact is not insignificant; local artisans, kite makers, and tourism workers all bear the brunt of this sweeping ban. The solution lies in smart regulation. Designated flying zones, certified safe strings, and seasonal permits could preserve both public safety and cultural heritage. Punjab’s lawmakers would do well to remember that governance requires a scalpel, not a sledgehammer.

Published in Dawn, January 23rd, 2025