In view of the foregoing plight of the people of Pakistan, I would like to humbly appeal to the CJP to invoke Constitutional Jurisdiction of Honorable Court under Article 184(3) of the Constitution of Islamic Republic of Pakistan, 1973 to determine the question of public importance inter-alia on the strength of following grounds.

That colonisation of national economy of Pakistan by the foreign countries and corporations has jeopardised the economic life of the people of Pakistan.

That people of Pakistan have been mortgaged against their will to foreign and local debt of astronomical size.

That debt is an existential threat for Pakistan including our nuclear assets.

That sovereignty of Pakistan is now squarely within the tight grip of the ‘Financial Octopus’ and further loans from IMF & Asian Bank would further endanger us.

In order to enforce above noted and other fundamental rights of general public, questions of importance are being raised in this article with the hope and request that the Honourable Supreme Court may take Suo Moto action under Article 184(3) to redress the grievances. The Honourable Chief Justice of Pakistan, besides constituting a judicial commission headed by a serving or retired judge of the Supreme Court to supervise and ensure the implementation of the directions of the Supreme Court, may like to direct:

1.            The Finance Ministry to submit a debt retirement plan in the honourable court with the undertaking that they will implement and stick to the plan in letter and spirit;

2.            The government not to take further loans, with further directions to take necessary measures to avoid foreign borrowing at such a monumental rate and to decrease the current external debt in a specified time frame.

No doubt that dams and debts are the determinants of future of Pakistan. The august Court has already taken notice of dams and the nation is on the way at the initiative of the Honourable Chief Justice towards recovery and containing the future water crises. These are the days of change. The good and great persons are teaming up to face the challenges upfront. It is an opportune time to draw the attention of this Honourable Court towards the economic emergency looming over this poor nation.

I honestly believe that the CJP is fully aware of the provisions of Article 38 of the constitution, which is being reproduced hereunder for ready reference for the general public:

Promotion of social and economic well-being of the people.—The State shall—

(a)          secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

(d)          provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;

As is explained above, Article 38 of the Constitution visualises a bare minimum economic life of the citizenry. This Article is not merely a principle of policy if seen from the prospective of economic survival. I urge to press into service and operation this principle of policy because it has bearing on the chapter of Fundamental Rights enacted in constitution.

“The New Confessions of an Economic Hit man” by John Perkins, an international bestseller book identifies various consequences of debts and donations to the weaker nations of the planet. He has discussed the role of World Bank, USAID vis-à-vis underdeveloped countries which are force to accept enormous development loans from these institutions resultantly forcing them to acquiesce the political pressure from the United States on variety of issues. In fact, World Bank, IMF and USAID are a consortium formed to keep the underdeveloped or developing countries in their fiscal clutches. From the above tools and techniques of the foreign lenders, it is not hard to decipher what happens if we continue to drowning ourselves into further debts. The nation is at the verge of bankruptcy; hence, I took liberty to draw attention of the CJP to looming catastrophe.

The Constitution has provided auto-limitations of in-built restraints on the exercise of Fundamental Rights guaranteed in Chapter I Part-II. These auto-limitations or in built restraints not only provide protection to the rights themselves but also further the interest of social solidarity sought to be achieved by the makers of the Constitution. Therefore, there has to be mutuality even in liberty and for that matter the attainment of maximum opportunities for the orderly pursuit of happiness as a goal of progress itself which is linked with the availability of restrains on individual liberty.

The life and liberty as explained above, is dependent upon the direction of the Honourable Supreme Court for the future generations to come. The Parliament of any country is also one of its noblest, honourable and important institutions making not only the policies and the laws for the nation but in fact, shaping and carving its very destiny. The Chief Executive being leader of the House is responsible to eliminate the factors of economic emergency by promulgating an open plan and policy of debt retirement and to avoid future borrowing by presenting his policy in the Parliament.

At last I would suggest that in order to raise funds, please convert Kashmir Highway into a commercial road like Sheikh Zahid Road in Dubai. It will create nearly 2000 commercial plots and put them to auction only to Overseas Pakistanis. It is high time to grab attention of Overseas Pakistanis by giving them their own Bank with their own management especially in real estate sector. It will raise billions of dollars and would also create charm of investment for them. Create a road like Sheikh Zahid Road Dubai, in the name of our national heroes across the big cities and then see the response Mr. Prime Minister, as it will create an ideal environment for investors to invest here.

The writer is Chairman of think tank "global eye" & former Interior Minister of Pakistan.

The life and liberty as explained above,

is dependent upon the direction of the Honourable Supreme Court for the

future generations to come.