Notification on Rs20bn subsidy lacks legal moorings: SC

ISLAMABAD: The Supreme Court has noted that the government’s Nov 3, 2015 notification for paying Rs20 billion in subsidies under the Prime Minister’s Kissan Package to manufacturers of single super phosphate fertiliser lacks the backing of any statute or rule.

“This fiat of the governance was not supported by precedent,” Justice Qazi Faez Isa said in a judgement authored by him.

But the two-member bench, also comprising Justice Ejaz Afzal Khan, decided not to dilate further upon the issue since the government has already disbursed more than half of the subsidy amount and the matter had only incidentally arisen during the court proceedings.

Through the verdict issued on Monday, which was reserved on May 27, the court disposed of the federal government’s appeal against a Peshawar High Court judgement of Dec 8, 2015. The high court had held that if the fertiliser met the standards, then there should be no legal justification to deny the subsidy to the manufacturer.

The Supreme Court also avoided discussing the grant of subsidy in detail in view of the assurance held out by Attorney General Ashtar Ausaf Ali that the government intended to lay before the National Assembly a supplementary budget statement this month to comply with Article 84 of the constitution and to legalise the subsidy.

Prime Minister Nawaz Sharif had announced the Rs341bn Kissan Package around the time of local government elections. One of the components of the package is Rs20bn subsidy to be given to manufacturers of single super phosphate fertiliser with the condition that the end-product should be made by using imported, not local, rock.

Of Rs20bn, the federal government had to pay Rs10bn, the Punjab government Rs7bn and the Balochistan government Rs400 million. The rest of the amount was to be paid by the governments of Sindh and Khyber Pakhtunkhwa.

During the proceedings, the attorney general admitted that the subsidy was not part of the annual budget statement and had also not been incorporated in the finance act. But, he said, the subsidy was approved by the federal cabinet and, as a result, the secretaries of the ministries of National Food Security and Research and Finance were empowered to issue the notification.

With the verdict, the Supreme Court issued a directive that all manufacturers of the fertiliser wanting to avail of the subsidy would have to undergo a test at the Pakistan Standards and Quality Control Authority’s Standards Development Centre (Chemical Division) to ascertain whether the phosphate content in the fertiliser was 18 per cent or not.

If the fertiliser met the standard and possessed 18pc phosphate content then there should be no legal justification to deny the manufacturer the subsidy as per the notification, the judgement said.

It said that the attorney general had argued that the government could exercise its executive powers under Article 84 to authorise the expenditure incurred in providing the subsidy.

The AG had also referred to Article 164 which deals with miscellaneous financial provisions.

The provision empowers the government to allocate grants for any purpose even if the purpose is not such that parliament or a provincial assembly may make laws about it.

Assisting the court, senior advocate and Leader of Opposition in the Senate Aitzaz Ahsan argued that Article 84 enabled the government to authorise expenditure exceeding the budgeted amount already approved by the National Assembly or when an emergency situation had arisen necessitating expenditure to be made.

But the matter of the subsidy was not covered by the language of Article 84 of the constitution, he pointed out.

Barrister Ahsan said that though the incumbent and previous governments had sought to have recourse to Article 84 in such situations, the wrong practice should be rectified and prior approval of the National Assembly must be sought before making any expenditure in such situations, which were not covered by the language of the constitutional provision.

PUBLISHED ABOUT 4 HOURS AGO Is Hollywood a threat to the Indian film industry? Big B definitely thinks so

 

With huge Hollywood hits triumphing Bollywood releases in the box office, Amitabh Bachchan feels that this is a threat to take seriously.

According to Indian Express, Bachchan said, “We have to fight them. This is competition. We know that Hollywood is very powerful. Wherever it has gone, it has destroyed the local film industry. Be it United Kingdom, Germany, France, Spain or Japan, everywhere they go they just take over and that’s what is happening here. So we have to fight. Competition is good,”

The upcoming TE3N's lead has been wary of this rise since his meeting with the chief of a giant production house in 1995.

“I have been on several holidays to the US. Every time I used to go there, all these big corporations like Warner Bros, Sony, Twentieth Century Fox used to send me letters saying they wanted to meet me. I used to ignore them. ‘Why would they want to meet me when they don’t even know me,’ I used to ask myself. Why are they sending me these letters?" says Bachchan, recollecting the encounter.

"I had a lawyer friend in New York and he used to say, ‘Why don’t you go and meet them. There is no harm.’ So I finally went and for more than an hour, the chief who I met spoke non-stop about the entire film industry of our country. He had every knowledge of how we do our films, how we produce them, the financials, the distribution, the actors who they are and what they do. I was shocked. I came back and asked my lawyer friend, ‘How did this happen?’ He said, ‘Mr. Bachchan go back home ,go back to your country because the Americans are coming. So get your house in order.'”

Bachchan is all for competition but claims that his prediction should have been taken seriously back in the day as he adds, "I predicted that in 1995 when I made ABCL (Amitabh Bachchan Corporation Ltd) that the Americans will come and they will have so much money that we will only be a drop in the ocean. So let’s get our house in order.”

 

 

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To the polls they go

THE primary elections will be held in California on June 7 (today). Many consider it as the defining moment in the race between democratic candidates Senator Bernie Sanders and Hillary Clinton. Billionaire Donald Trump has already been declared the Republican presidential nominee and most leaders of the GOP have, willingly or unwillingly, thrown their weight behind the uncharacteristic candidate.

With the unusual triumvirate vying to become leader of the free world, the mood in the United States is a clear departure from the more upbeat and optimistic days of Barack Obama.

California’s political climate is variable. Numbers are shared which keep predicting a clear winner and a definite loser; more quickly still numbers are shared again that contradict the predictions made thus far.

Will it be Clinton, the apparent front runner whose supporters believe she has the credentials and the political acumen to steer her way to the White House, while at the same time being accused of being one of the most corrupt politicians?

Or will Sanders be announced the winner in California who has exposed Americans to an alternative outlook to their usual capitalist selves and has pledged to change the “flawed” electoral system, yet is considered too radical in his vision for the country?

Needless to say, the two candidates fare better at least in terms of popularity than the Republican nominee who has clearly ruffled feathers, to say the least, of several minorities — Hispanics, Muslims, African Americans and women among others. His signature discriminatory and hate-filled rhetoric has garnered a surprising amount of support and raised questions among many Americans about what lies ahead.

Rachel, a single parent, living in downtown Los Angeles, elaborates how belonging to a Hispanic community has changed her life with the advent of Trump. “I am terrified of Trump. He has exposed how racist people are in this melting pot community, and now there is an increasingly hostile environment for those who are ‘different’.”

She spoke about how the fear and paranoia she is seeing around her is unlike what she has ever experienced before.

“I teach my daughter that people may be different but they are not bad and we must accept their differences and respect them, regardless of their cultural and religious affinities. But it is becoming increasingly difficult for her to practise it in her daily life as every day in school she sees people doing otherwise.”

Then who has she decided to vote for? “Definitely Senator Sanders. Apart from the fact that he is accepting of minorities as well as believes and promotes equality, he is also economically very much aware of the problems of the working class.

“The government today says that I, as a single parent, earn enough to not be eligible for benefits. But I disagree. I did not sign up to be part of a single parent family and now that I find myself in this situation, I should be given some breaks to make the journey easier. Hillary is the type of candidate who does not agree with me, but Bernie does.”

California, admittedly, faces an even more pressing issue that warrants immediate attention.

While on the road to San Francisco after exiting Los Angeles, one is excited to see the “nation’s salad bowl” that California is famed to be. What greets us however, are signs that read “Welcome to the Congress-created dust bowl” amid acres of barren, charred land. It is a baffling sight that seems to have taken a turn for the worse in the past three years.

The state is battling with a drought that has caused the government to pass strict laws restricting the use of water in cities. But the most potent impact has been on farmers and many have, despite being promised regular supply of water, been left high and dry.

Most voters are worried about how candidates are planning to tackle this issue. With California suffering one of its driest years in 2015, immediate concrete steps are essential. So many voters in California were unprepared when Trump recently denounced the existence of the dry spell and stated that state officials were simply rerouting the water supply elsewhere.

Sanders and Clinton see eye to eye on the lingering California drought and in the past few days of campaigning in the state have promised voters measures to mitigate the crisis.

Another trend that has come up is the aggression supporters face in a country where freedom of expression is much touted.

Rallies such as the one in San Jose on June 3 saw Trump supporters being pelted with eggs, and this surge of violence and apathy against alternative ideologies in the otherwise “tolerant” country is worrisome to say the least. Similar backlash has been faced by supporters of Sanders and Clinton, though of less magnitudes. As a result, many youngsters have chosen to “exercise the right to not vote”.

Many claim California may just brew up a storm on Tuesday night with the political climate tense at best.

In the idyllic town of Castro Valley, CA, the unending silence is only briefly broken with families coming out in to their front lawns to quickly install the American flag. Just as quickly the silence returns which may just be an omen for trying times ahead.

11 killed, 36 wounded in central Istanbul explosion

ISTANBUL: Two people were killed and eight others wounded on Tuesday when a car bomb struck a police vehicle in central Istanbul, news channel Haberturk reported on its website.

A top official says a car bomb attack targeted a police vehicle in Istanbul has killed 11 people. Governor Vasip Sahin says at least 36 people were hurt in Tuesday's attack in Istanbul's Vezneciler district. The dead included seven police officers and four civilians, he said.

The blast, set off by remote control, occurred during the morning rush hour in the densely populated Vezneciler district, media reported.

Police inspects the scene near a Turkish police bus which was targeted in a bomb attack in a central Istanbul district. ─ Reuters

The NTV broadcaster said the explosion occurred as a police vehicle was passing the area and that many ambulances rushed to the scene. The attack occurred during the morning rush hour near the city's historic quarter, a major tourism draw.

The area is a commercial hub as well as the location of Istanbul University and is close to key tourist sites like the Grand Bazaar. There were no immediate claims of responsibility.

Di Maria inspired Argentina down Chile in Messi’s absence

SANTA CLARA: A grieving Angel Di Maria was the inspiration as Argentina shrugged off the absence of Lionel Messi to defeat holders Chile 2-1 in their opening Copa America Centenario game here Monday.

Paris Saint-Germain star Di Maria — reeling from the death of his grandmother only hours earlier — scored one goal and set up another as the two-time world champions avenged their defeat to Chile in last year's Copa America final.

Di Maria opened the scoring on 51 minutes and emotionally held a T-shirt up to the sky emblazoned with the message: “Grandma, I will miss you so much.”

Moments later Di Maria then set up Argentina's second for Ever Banega, to complete a man-of-the-match performance.

“I had to play, I wanted to play, my grandmother was so proud that I played for the national team,” Di Maria said during a post-match television interview before breaking down in tears.

Argentina coach Gerardo Martino revealed afterwards Di Maria had kept his loss a secret from him.

“I just learned that five minutes ago that his grandmother died,” Martino said.

“He didn't tell me anything, he was feeling well to play.”

Di Maria's virtuoso display secured a deserved three points for Argentina, who will now fancy their chances of topping Group D with games against Panama and Bolivia to come.

Chile substitute Jose Fuenzalida scored an injury time consolation for the holders.

Injured Argentina captain Messi watched from the substitutes' bench at Levi's Stadium after failing to recover in time from a sore back suffered in a friendly win over Honduras last month.

But the Barcelona superstar's absence was barely noticeable, with Nicolas Gaitan slotting into Argentina's attack and making an instant impression, hitting the woodwork with a header after only two minutes.

Slick counter-attack

Argentina dominated the early exchanges before Chile, fielding the core of their victorious Copa America side, gradually grew into the game.

Chile came closest to breaking the first half deadlock in the 30th minute, when Alexis Sanchez burst onto a layoff from Arturo Vidal to go in on goal.

The Arsenal forward picked his spot and shot low but Argentine keeper Sergio Romero was equal to the challenge, saving brilliantly to deny Chile.

Sanchez drew another save from Romero in a bright Chilean start to the second half but it was Argentina who opened the scoring six minutes after the break.

A swift counter-attack saw Banega release Di Maria, whose quick low shot flew past Claudio Bravo and into the bottom corner as the Chile goalkeeper struggled to get his body into position.

Eight minutes later it was 2-0, Di Maria turning creator this time with a deft pass to Banega whose low shot took a slight deflection off Mauricio Isla to deceive Bravo.

The game continued to have an edge with Di Maria and Gary Medel both receiving yellow cards for an off-the-ball scuffle shortly afterwards.

In injury time Fuenzalida grabbed a late consolation with a headed goal from a free-kick but it was too little too late.

Chile's Argentina-born coach Juan Antonio Pizzi bemoaned mistakes which cost his team goals.

Twice Chile ceded possession cheaply in midfield, leading to Argentina's two goals.

“The mistakes were crucial,” Pizzi said.

“They cost us two goals.” It was Chile's third straight defeat — but Pizzi was bullish about his team's chances of coming back.

“We believe we're going to get into the next round,” he said.

“I know we have difficult games ahead of us, but we're going to continue working hard and we have belief to move to the next round.”

Hindu priest slaughtered in western Bangladesh: police

DHAKA: A 70-year-old Hindu priest was found murdered in western Bangladesh Monday, with his head nearly severed from his body, in the latest in a series of attacks on minorities by suspected militants.

Farmers discovered the body of Ananda Gopal Ganguly near his home in the village of Noldanga in Jhenidah district after he had gone missing on his way to morning prayers.

Although there was no immediate claim of responsibility, investigators said the killing bore the hallmarks of recent attacks by suspected militants who have carried out 10 other similar killings in the last 10 weeks.

"He left home this morning saying that he was going to a Hindu house to offer prayers," the district's deputy police chief Gopinath Kanjilal told AFP.

"Later farmers found his near-decapitated body in a rice field. We do not know the identity of the killers. His body was found in an isolated area and we do not believe there any witnesses to the killing. But the pattern of the killing is similar to ones carried out by local Islamist militants in recent time," Kanjilal added.

Bangladesh is reeling from a wave of murders of secular and liberal activists and religious minorities that have left more than 40 people dead in the last three years.

Most of the recent attacks have been claimed by the militant Islamic State (IS) group or the local offspring of Al Qaeda.

Prime Minister Sheikh Hasina's government has however blamed homegrown militants for the attacks, rejecting claims of responsibility from the IS and a South Asian branch of Al Qaeda.

Although it is officially secular, around 90 per cent of Bangladesh's 160 million-strong population is Muslim.

Ganguly's murder comes only two days after a Christian was hacked to death after Sunday prayers near a church in northwest Bangladesh in an attack claimed by IS.

A Hindu shop owner was also hacked to death outside his store in the northern Gaibandha district late last month. IS said it was behind that killing as well.

Saudi still reviewing Haj stampede: minister

JEDDAH: Saudi authorities are still reviewing a deadly stampede which struck last year's Haj pilgrimage, the minister of Haj and umrah said on Tuesday.

It was a rare comment by a senior Saudi official about the tragedy.

More than 2,000 pilgrims died in the stampede, the worst disaster to ever strike the annual ritual.

“We already studied that and we are continuing to study this and, God willing, we'll have many preventive measures and procedures that...will not repeat what happened last time,” Minister of Haj and umrah Mohammed Bentin told AFP on the sidelines of a press conference in the Red Sea city of Jeddah.

Crown Prince Mohammed bin Nayef, the interior minister who also chairs the Haj committee, ordered a probe immediately after the Sep 24 disaster but there has still been no word on its findings.

According to data from foreign officials, approximately 2,297 pilgrims died. Saudi Arabia issued a death toll of 769.

The tragedy happened as pilgrims made their way in searing temperatures to the Jamarat, the place where they ritually stone the devil in the Mina tent city.

The Haj and lesser umrah pilgrimage bring millions of Muslims from around the world to Saudi Arabia every year.

Bentin spoke to AFP after joining other cabinet ministers at a press conference to discuss the National Transformation Programme (NTP) for bolstering the kingdom's non-oil economy.

As part of that programme, Saudi Arabia wants to increase the number of umrah visitors to 15 million annually by 2020, up from six million.

Bentin said his ministry, like others, will have to meet targets to show how the NTP is being implemented.

This will help promote safety, he said, because under the NTP officials are “ready to evaluate each stage of Haj, and each service, and whenever something goes wrong, God willing we'll at least be able to act before anything serious can happen.” Bentin said the ministry wants to use technology to better monitor services provided to pilgrims.

It is also working towards an “international standard of hospitality” in partnership with the private sector, so the flow of pilgrims continues throughout the year, not just during the traditional pilgrimage seasons.