shehbaz asim change

Shehbaz, Asim change regional calculus

I will tell you exactly how it felt for Pakistanis all over the world the day the Makkah Defence Pact was signed. I am in London, and I can tell you that, for British Pakistanis, it felt like a wedding. I went to a café in central London and found a sort of celebration among Pakistanis. Phones were buzzing, television anchors were beaming, and for one evening, it seemed like every household in Lahore, Islamabad and Karachi was talking about the same thing: Pakistan, Saudi Arabia and Turkiye standing together, promising to defend one another. In Riyadh and Ankara, the mood was no different. Flags, statements, warm handshakes. A celebration, plain and simple.

I miss Pakistan right now. Right now, Pakistan is illuminated. It is a sort of festivity. Celebration is in the air. Prime Minister Shehbaz Sharif and Field Marshal Asim Munir have made it possible to put Muslim countries on a single platform.

But I am a curious man by nature, and celebrations make me curious in a particular way. When everyone in the room is smiling, I always want to know who is standing outside, looking in through the window. So I went looking. I wanted to know what India was saying, what Iran was saying, and what the UAE was saying. And what I found was a much more complicated story than the one being told at the wedding.

Let me start with India, because that is where the unease runs deepest. Turkish journalist Aslı Aydıntaşbaş, who studies the region closely, said it would be too early to call this a “Muslim NATO” or “Sunni NATO.” But she also said something important: this pact shows a real desire among regional countries to build their own security system, owned by themselves. Strategic affairs expert Brahma Chellaney went further. He warned that this agreement could make it much harder to control tensions if India and Pakistan ever clash again. He pointed out that during Operation Sindoor, Pakistan received far more military help from China than from Turkiye, but Turkiye’s direct support made one thing clear: if a conflict with India happens, Turkiye is ready to stand by Pakistan. Former Indian ambassador to the UN, T S Tirumurti, was even more direct. He said the pact uses language similar to NATO’s Article 5, and that its effects will not stay confined to the Middle East. Given the long, tense history between Pakistan and India, he said, this has to be read with that relationship in mind.

So, my friends in India must learn one thing: their government should think 10 times, or even more, before going into a military confrontation with Pakistan.

Then there is Iran, and here the tone was different again. Ali Akbar Velayati, adviser to Iran’s Supreme Leader Ayatollah Ali Khamenei, did not criticise the new pact. Instead, in posts written in Persian, Arabic, English and Turkish, he spoke of the resilience of Iran’s armed forces and what he called the defeat of the United States and Israel. He said this defeat proved that foreign forces, which he called the main cause of insecurity, must leave the region. And in the same breath, he said that growing cooperation among regional states can secure the region’s own security. In other words, Iran is not against regional countries banding together. It simply wants outside powers to step back.

The UAE, as I have written before, took the most careful line of all. No rejection, no celebration, just pointed questions about who exactly this alliance is meant to deter.

For his part, Turkish President Erdoğan tried to calm every nerve in the room. He wrote that the pact follows Article 51 of the UN Charter, the right to self-defence, and is not directed against any country. It is open, he said, to any friendly nation that wants peace and stability in the region.

So here is what I take from all this, writing as a Pakistani watching his own country’s celebration from the inside. Pride is natural, and this pact matters. But a wedding always looks different from outside the window. India sees risk. Iran sees an opening to push out foreign powers. The UAE sees questions still unanswered. As Pakistanis, we should enjoy this moment, but we should also read the room beyond our own hall.

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The register of members determines who owns shares, receives dividends, votes at meetings and exercises corporate control. A fraudulent alteration is therefore not a technical defect. It can amount to stealing ownership through manipulation of the company’s official record. The Court has rightly refused to allow deception to become title merely because it remained concealed for several years. Fraud is usually designed to remain undiscovered. Applying a rigid limitation period in favour of the person concealing it would reward the very conduct that the law is meant to prevent. The judgment also resolves the uncertainty arising from Bentonite Pakistan Limited v Bankers Equity Limited (2023 SCMR 1353), in which observations had suggested that Article 181 of the Limitation Act could apply to company-law proceedings. The larger bench has clarified that a rectification petition is not an “application” governed by that provision. This doctrinal clarity is welcome. The harder question is what justice means after the fraud has lasted for years. A person fraudulently deprived of shares may lose dividends, voting rights, managerial control and participation in rights or bonus issues. The wrongdoer may meanwhile control the company, use its assets and finance the litigation from benefits derived through the disputed shareholding. After 10 or 20 years, an order restoring the shares may correct the register. It does not necessarily compensate the victim. This problem extends far beyond company law. In Pakistan, fraudulent possession and prolonged litigation often operate together. Land, inheritance, commercial assets and corporate rights are appropriated through false documents or manipulated records. Once challenged, the beneficiary denies everything, seeks adjournments, produces further documents and carries the matter through every available forum. Delay becomes a business strategy. The wrongdoer retains the asset while the victim pays to recover it. Even after losing, the wrongdoer may be required only to return property that never lawfully belonged to him. Nominal costs do little to alter this calculation. A rational legal system must ensure that fraud and frivolous litigation are economically unattractive. Otherwise, the expected gain from wrongdoing remains greater than its expected cost. Pakistan needs to move towards a genuine cost-based justice system. This does not mean obstructing access to courts or punishing honest litigants who fail to prove a bona fide claim. It means distinguishing genuine disputes from proceedings maintained through deliberate falsehood, concealment, forged documents or tactical delay. The Code of Civil Procedure, 1908 provides for costs, and the federal Costs of Litigation Act, 2017 recognises actual, adjournment and special costs in specified circumstances. The larger principle should be applied far more effectively: an innocent litigant should not be forced to finance the other side’s abuse of judicial process. Where fraud is established, courts should ordinarily consider restoration of all benefits obtained from the disputed property, interest for the period of deprivation, realistic legal expenses and enhanced costs where false or vexatious pleas prolonged the case. In corporate cases, this could include an account of dividends, bonus and rights shares, remuneration obtained through control, and other measurable benefits flowing from the fraudulent entry. Section 126(4) also permits referral of fraudulent conduct for proceedings under section 127. Such referrals should be made where the evidence warrants them. The constitutional dimension should not be ignored. Article 10A of the Constitution guarantees fair trial and due process, while Articles 23 and 24 protect property. A right restored after decades, without compensation for its prolonged deprivation, is only partially vindicated. The Supreme Court has correctly ruled that fraud cannot shelter behind the calendar. Our jurisprudence must now adopt the accompanying principle that fraud cannot profit from the judicial calendar either. Justice must do more than correct an entry after years of litigation. It must remove the financial benefit of wrongdoing, compensate the victim as far as reasonably possible and impose realistic costs on those who misuse courts to preserve the proceeds of fraud. Only then will delayed justice cease to be an investment for the wrongdoer. _______________________________________________________________________   Dr. Ikramul Haq, Advocate Supreme Court, Adjunct Faculty at Lahore University of Management Sciences (LUMS), member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE), holds an LLD in tax laws. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He also served Civil Services of Pakistan from 1984 to 1996.

  • A Habit of Second Thought

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A careful examination of the period, particularly up to the defence of the Memorandum of Understanding concluded in June, reveals no fewer than seven significant shifts in President Trump’s strategic approach. At the outset, he dismissed economic concerns altogether, declaring that the financial difficulties of the American people were of no consequence and that the sole imperative was to prevent Iran from acquiring a nuclear weapon. By the time of the G7 summit, however, his tone had undergone a marked transformation. He began advocating the necessity of an agreement capable of shielding the global economy from a crisis comparable to the Hoover era and the Great Depression, pointing to instability in the financial markets as evidence supporting this revised position. His initial call for regime change in Iran was equally unequivocal. In a video address, he urged the Iranian people to rise against their government, declaring that the moment might represent their final opportunity for generations to come. Yet subsequent statements quietly abandoned this objective. Instead, he began speaking of normalising relations with Iran and cooperating with its existing leadership, occasionally describing those very leaders as more “reasonable” than before. During the early phase of the conflict, the complete destruction of Iran’s missile program, the industries responsible for its production, and the naval forces supporting it was presented as a principal objective. Later, however, his position softened considerably. He observed that while missiles might inflict damage upon limited areas, they were incapable of destroying the world, and since other nations possessed similar capabilities, Iran might also retain a limited missile arsenal. It was for this reason that the Memorandum of Understanding contained no provision requiring the dismantlement of Iran’s missile program. A similar evolution occurred regarding Iran’s nuclear program. Following the military operations of 2025 and again in 2026, it was asserted that Iran’s entire uranium enrichment capability would be eliminated and that the nuclear threat would be extinguished permanently. In time, however, the objective was narrowed simply to ensuring that Iran would not acquire a nuclear weapon. Rather than insisting upon total dismantlement, reliance shifted towards international monitoring and continued negotiations. Control over highly enriched uranium, initially regarded as a non-negotiable and indispensable condition, was subsequently treated as a matter of secondary importance. It was argued that preventing the production of a nuclear weapon remained the essential objective, while questions concerning enriched uranium would be addressed in future negotiations. 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A chronological review compiled up to 3 August reveals numerous announcements of major strikes that were ultimately abandoned. The latest example occurred on 1 and 2 August, when military action was suspended following requests from Iran and several regional parties, together with the emergence of preliminary outlines for a possible understanding involving the reopening of the Strait of Hormuz and measures aimed at removing the nuclear threat. On 7 April, shortly before the expiration of an ultimatum in which President Trump had threatened strikes against bridges and power stations, a two-week ceasefire was agreed. He had warned that such attacks could extinguish an entire civilisation. On 21 April, at the request of international mediators, the ceasefire was extended indefinitely, although hostilities resumed at a later stage. On 18 May, a major military operation was deferred to allow serious negotiations to proceed, but when those negotiations faltered, military action recommenced. On the night of 11 June, President Trump threatened an overwhelming assault upon Iran together with the seizure of its oil and gas resources. Yet only hours later, citing what he described as a significant diplomatic breakthrough, he cancelled the operation, thereby paving the way for the Memorandum of Understanding. Signed on 17 June, the Memorandum provided for a ceasefire, the temporary reopening of the Strait of Hormuz, limited economic relief, and a framework for sixty days of negotiations. It nevertheless expressly reserved the right to resume bombing should its provisions prove unsatisfactory. At the beginning of July, following attacks upon commercial shipping, the ceasefire was declared terminated. Military strikes were launched against dozens, and subsequently scores, of targets. Congress was formally notified, and the Administration adopted an increasingly uncompromising public tone. Yet negotiations continued simultaneously. 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  • A New Strategic Divide: The India-Iran Axis Meets …

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Yet geopolitics has a way of bringing former rivals together when their security calculations begin to converge. For Crown Prince Mohammed bin Salman, security has become inseparable from economic transformation. Saudi Arabia’s ambitious Vision 2030 projects require uninterrupted energy exports, stable maritime routes and a predictable regional environment. The continuing threat to Red Sea shipping and the vulnerability of energy infrastructure have demonstrated that geographical distance is no longer sufficient protection. Türkiye offers Riyadh a valuable strategic instrument. Ankara possesses NATO experience, an expanding defence industry and significant diplomatic access across the region. President Recep Tayyip Erdoğan can communicate with actors that may remain difficult for Riyadh or Washington to approach directly. Türkiye can therefore serve not merely as a military partner but potentially as a diplomatic bridge. 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Islamabad has historically enjoyed close defence and political relations with Saudi Arabia while maintaining strong ties with Türkiye. Its military credibility and longstanding relationship with Riyadh make it a natural participant in such an arrangement. Pakistan can potentially emerge as the facilitator connecting the Gulf with South Asian security calculations. But there is a price. Pakistan’s traditional diplomatic strength has partly rested on its ability to maintain communication with opposing camps. Formal participation in a collective-defence arrangement may make Islamabad appear less like a neutral mediator and more like a contestant in an emerging regional confrontation. The question therefore arises: can Pakistan protect its strategic relationship with Saudi Arabia and Türkiye without damaging its relations with Iran? The Iranian response will be crucial. 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The United States also remains an unavoidable factor. Washington’s relationships with Saudi Arabia, Türkiye, Pakistan and India mean that any emerging regional architecture will inevitably intersect with American interests. Yet it would be premature to describe the Makkah agreement as an anti-American bloc. Saudi Arabia remains deeply connected to the United States, Türkiye remains a NATO member, and Pakistan continues to maintain important relations with Washington. The real transformation may therefore be something more subtle: regional powers are increasingly seeking strategic autonomy instead of relying exclusively on one external guarantor. For Pakistan, this is a moment of both opportunity and danger. Islamabad can gain diplomatic weight from its position within the Pakistan-Saudi-Türkiye triangle, but it must avoid becoming trapped in a zero-sum regional rivalry. Its relationship with Iran cannot simply be sacrificed, nor can its longstanding partnership with Saudi Arabia be ignored. The emerging India-Iran axis and Pakistan-Saudi-Türkiye triangle may never become formal opposing blocs. But if regional tensions continue to deepen, the strategic calculations of these countries could increasingly move in opposite directions. The region is entering a new chess game — one in which missiles and drones matter, but diplomacy, energy routes, economic leverage and political alliances may matter even more. The challenge for Pakistan is therefore not merely to choose a side. It is to ensure that, while standing with its strategic partners, it retains enough diplomatic space to speak to everyone. Because in the new regional order, the strongest player may not be the one with the largest alliance — but the one capable of preventing the chessboard from becoming a battlefield.

  • Key Insights from the University of Oxford’s AI,…

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A central theme in the course was that AI should support judicial work rather than replace judicial decision-making. Judicial authority must always remain with human judges, who retain ultimate responsibility for interpreting the law and deciding cases. AI can assist by improving efficiency and providing analytical support, but it cannot substitute independent legal reasoning or judicial discretion. The principle of Human-in-the-Loop (HITL) is emphasized, under which meaningful human oversight remains essential whenever AI influences legal processes or outcomes. There are considerable opportunities AI presents for improving justice systems. AI can significantly accelerate legal research, improve case management, automate transcription and translation, summarise lengthy legal documents, and reduce the administrative workload of judges and court staff. By automating repetitive tasks, AI enables judges to devote more time to hearings, legal analysis, and reasoned decision-making. AI has the potential to improve access to justice by making legal services faster, more efficient, and more accessible. Alongside these benefits, there are risks associated with AI in the justice sector. Generative AI may produce hallucinated legal authorities, inaccurate citations, or misleading legal analysis. Algorithmic bias may reinforce existing inequalities, while automation bias can encourage users to place excessive trust in AI-generated outputs without independent verification. Other important concerns include the lack of transparency in ‘black box’ algorithms, risks to privacy and confidentiality, and the possibility that excessive reliance on AI may gradually erode the professional skills and independent judgment of legal practitioners. The responsible adoption of AI requires governance rather than simply introducing new technology. Effective implementation depends upon institutional AI policies, comprehensive risk and human rights impact assessments, pilot testing before deployment, continuous monitoring and evaluation, transparency, explainability, and accountability. The importance of multidisciplinary oversight involving judges, technologists, policymakers, and civil society to ensure that AI systems remain trustworthy and aligned with the principles of justice and the rule of law. Another important aspect of the role of AI is in promoting access to justice. AI-powered legal assistants can help self-represented litigants understand legal procedures, prepare legal documents, translate court materials into different languages, and support mediation and dispute resolution processes. These applications have the potential to make legal information and services more accessible, particularly for individuals who face financial, linguistic, or geographical barriers in accessing justice. However, the ethical and professional responsibility always remains with human legal professionals. Regardless of how sophisticated AI systems become, judges remain accountable for their decisions, and lawyers remain responsible for the accuracy, quality, and integrity of their work. AI cannot replace professional ethics, judicial independence, impartiality, or the duty to provide transparent, reasoned, and legally sound judgments. Overall, AI should be viewed as a powerful judicial support tool rather than a judicial decision-maker. Its responsible use depends upon understanding the function of each AI system, maintaining meaningful human oversight, safeguarding fundamental rights, ensuring transparency and accountability, and adopting strong institutional governance so that technological innovation strengthens, rather than undermines, the rule of law.

  • Pakistan’s Courts Are Running Out of Time

    By Qashf Aizdi Justice delayed is justice denied. This phrase has become almost cliché in Pakistan and it unfortunately remains painfully true for millions of litigants who are waiting for their day in court. Every year hundreds of new cases are filed while thousands remain undecided and as a result courtrooms continue to grow more congested and hearings become more infrequent. The unfortunate consequence is that justice moves further out of reach. Time is perhaps the only thing Pakistan’s justice system can no longer afford to lose. The scale of the crisis is reflected in the numbers. According to the Judicial Statistics of Pakistan 2023, more than 2.25 million cases remain pending before courts of Pakistan. During the same year, 4.48 million new cases were instituted while 4.41 million were disposed of, resulting in a 5 percent increase in the overall backlog. The district judiciary alone accounts for 82 percent of all pending cases. With just over 3,100 working judges and judicial officers, each is responsible for more than 700 pending cases, even before accounting for the thousands of new cases filed every year. These figures do not suggest that Pakistan’s judges are idle; rather, they point to a justice system struggling to keep pace with an ever-growing caseload. Civil disputes in Pakistan can often take 10 to 15 years and in some instances even longer, before reaching its conclusion. Court proceedings are routinely delayed by repeated adjournments, cumbersome procedures, paper-based case management and multiple tiers of appeal. Difficulties in serving notices, delays in recording evidence and frequent adjournment requests often leave litigants waiting months before their cases are heard again. Additionally, the consequences of delayed justice extend beyond the courtroom. By the time a case is finally decided, litigants find themselves in a morass of mounting legal costs, lost opportunities and prolonged uncertainty. Every adjournment adds to the financial and emotional burden borne by litigants. A favorable judgment delivered after years of litigation can never fully restore the time, financial stability or peace of mind that has already been obliterated. Article 37(d) of the Constitution of Pakistan obliges the State to ensure inexpensive and expeditious justice. Yet, for many litigants, this constitutional promise often rings hollow. As mounting caseloads continue to overwhelm the judiciary, lengthy delays have become an accepted and vexatious feature of the legal system rather than an exception. Justice that arrives years too late often fails to provide meaningful relief. The immediate explanation is ostensibly straightforward; the number of judges is insufficient to handle the growing caseload. Pakistan has one of the lowest judge-to-population ratios in the region, leaving judges responsible for hundreds and often thousands of matters. Yet the shortage of judges tells only part of the story. Addressing this crisis requires more than appointing additional judges; it demands a more comprehensive approach to resolving disputes. One such reform lies in the greater use of Alternative Dispute Resolution (ADR). Cases can be resolved out of court using processes like mediation and arbitration, whereby judges can focus on cases which require formal adjudication. Consequently, ADR works in conjunction with the courts in solving disputes outside of court. The potential of ADR is perhaps best illustrated by the Morgah Valley dispute. Despite taking over 42 years to be settled via litigation, the same case took only two months to settle after being referred to mediation. Though not all disputes are suitable for mediation, this case is an example of the value that comes with the application of ADR at the right time. More importantly, it shows that timely justice is not an impossible ideal but an achievable one when the right mechanisms are used. However, for countless litigants, delay remains the norm as the judiciary continues to grapple with overwhelming caseloads. Repeated adjournments leave litigants facing prolonged uncertainty and growing frustration. Cases pass from one generation to the next and some litigants never live to see the final outcome of disputes they initiated and fought for. Justice should not become an inheritance passed from parents to children. The longer that reform is postponed, the greater the cost to litigants, businesses and public confidence. Pakistan’s courts are running out of time and so are the people waiting for justice. If Pakistan is serious about fulfilling the constitutional vision embodied in Article 37(d) of the Constitution, reducing judicial delays can no longer remain an aspiration, it must become a national priority. Reforming the justice system will require efficient case management, greater use of appropriate dispute resolution mechanisms and a collective commitment to ensuring that justice is delivered when it is needed most. Until then, Pakistan’s courts will continue to run out of the one resource they cannot recover: time.  

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