Senate Secretariat ————— “Questions

Shoaib.M 0000(18) Senate. on PC-09

(273rd Session)

SENATE SECRETARIAT

—————

“QUESTIONS FOR ORAL ANSWERS AND THEIR REPLIES”

to be asked at a sitting of the Senate to be held on

Friday, the 23rd February, 2018

DEFERRED QUESTIONS

(Questions Nos. 68, 78, 68, 69, 80, 84, 85, 89 and 91 deferred on 15th February, 2018)

(Def.) *Question No. 68 Senator Dr. Jehanzeb Jamaldini: (Notice received on 22-11-2017 at 01:30 p.m.)

Will the Minister for Water Resources be pleased to state whether it is a fact that Afghanistan is building Hydro Power projects on River Kabul, if so, its possible impacts on water situation in Pakistan and the steps being taken to tackle the same?

Reply not received.

(Def.) *Question No. 78 Senator Muhammad Talha Mahmood: (Notice received on 05-12-2017 at 09:00 a.m.)

Will the Minister for Water Resources be pleased to state:

(a) the estimated volume of flood water in the country which flow into the sea every year; and

(b) whether there is any proposal under consideration of the Government to store the said water and use the same during the dry season, if so, the details thereof?

Syed Javed Ali Shah: (a) The annual average volume of water which flow into the sea below Kotri Barrage is about 29.02 Million Acre Feet (MAF) 2 for the Post Tarbela (1976 onward) Period. The detailed data is enclosed as Annex-I.

(b) WAPDA has prepared a comprehensive plan to store water during high flow season and utilize the same during lean season. In. last eight years, WAPDA has completed Mangla Dam Raising Project, Gomal Zam Dam, Satpara Dam and Darawat Dam Projects to store 2.88, 0.892, 0.053 and 0.089 MAF of water respectively while Diamer Basha Dam, Kurram Tangi Dam and Nai Guj Dam Projects with storage capacity of 6.4, 0.90 & 0.16 MAF are under implementation and Mohmand (Munda) Dam with storage capacity 0.676 MAF is ready for implementation. WAPDA is also planning Akhori Dam, Shyok Dam, Chiniot Dam, Naulong Dam and Badinzai Dam with storage capacity of 6.0, 5.5, 1.0, 0.2 and 0.15 MAF respectively for regulated water supply as per requirements. The list of projects completed, under implementation, ready for implementation and under planning stage is at Annex-II.

Annex-I 3 4 5

Annex-II 6 7 8

(Def.)*Question No. 68 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 15-11-2017 at 10:50 a.m.)

Will the Minister for Law and Justice be pleased to state:

(a) the details of corruption cases registered in the National Accountability Bureau during the period from January, 2013 to March, 2017 with province wise breakup indicating also the amount recovered in each of those case so far; and

(b) the details of corruption cases settled through plea bargain during the said period?

Chaudhry Mahmood Bashir Virk: (a) The Province wise detail of corruption cases registered in National Accountablility Bureau during the period from January, 2013 to March, 2017 are:— 9

The year wise total references filed by NAB during the said period is detailed below:—

The year wise total amount recovered by NAB during the said period is detailed below:—

(b) The total number of corruption cases settled through Plea Bargain (PB) during the said period are:— 10

(Def.)*Question No. 69 Senator Sardar Muhammad Azam Khan Musakhel: (Notice received on 16-11-2017 at 09:00 a.m.)

Will the Minister for Water Resources be pleased to state the names and locations of 20 small dams being constructed under the project for Construction of 100 Delay Action Dams in Balochistan Package 3 indicating also the amount allocated and released, date of approval of tender, name of contractor and present status of work on the same in each case? Reply not received.

(Def.)*Question No. 80 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 29-11-2017 at 10:00 a.m.)

Will the Minister for Human Rights be pleased to state the steps taken by the present Government for the protection of Human Rights of the citizens other than workers and children in the country?

Mr. Mumtaz Ahmed Tarar: The Government of Pakistan is committed to ensure Human Rights of all citizens as envisaged under the Constitution as well as international commitments by adopting all possible measures to ensure protection and promotion of such rights, i.e. rights of women, persons with disabilities and minorities, etc. “The Criminal Law (Amendment) (Offences relating to Honor Killing) Act, 2016 and “The Criminal Law (Amendment) (Offences relating to Rape) Act, 2016” passed by the joint session of the Parliament, are the landmark legislations for protection of Human Rights, particularly rights of women. The Ministry regularly takes up all Human Rights violation cases with the concerned authorities for their redressal.

The steps taken by the Government for protection of Human Rights in the country are as under: 11

1. Action Plan for Human Rights, approved by the Prime Minister of Pakistan on 13th February, 2016, is being implemented to further improve human rights situation, in the country, through legal, policy & institutional reforms.

2. A National Task Force (NTF) to monitor implementation of Action Plan for Human Rights has been notified under the chair of Federal Minister for Human Rights comprising Parliamentarians (one each from National Assembly & Senate of Pakistan), relevant Federal Ministries and Provincial Human Rights Departments. Provincial Task Forces (PTFs) have also been constituted.

3. National Commission for Human Rights (NCHR) has been established with a broad mandate and powers to take suo-moto action. The Ministry of Human Rights has also notified the NCHR Complaint Rules, 2015 which comprehensively elaborate the procedure regarding evaluating and disposing of complaints of Human Rights Violations.

4. A Toll Free Helpline “1099” for Legal Advice to the victims of Human Rights Violations has been launched. The Helpline (1099) provides referral services to address grievances of the victims.

5. National Commission on the Status of Women (NCSW) is working for protection of rights of women. The NCSW is mandated to organize activities to combat Violence Against Women, which include Media Campaign for Awareness on Pro- Women Laws; 16 Days of Activism and an Advocacy Campaign to End Violence against Women.

6. District. Human Rights Committees are also being established to monitor Human Rights situation, in the country.

7. International Human Rights Day (10th December), and International Women’s Day (08th March) are celebrated as regular feature in order to create awareness among the masses regarding their basic rights. On these occasions, special supplements containing messages of the President, Prime Minister and Minister for Human Rights along-with achievements of the Government, are issued. 12

8. The Ministry of Human Rights has initiated Public Awareness Campaign on Human Rights Education and Sensitization under Action Plan for Human Rights, through Seminars as well as advertisements in print and electronic media. The campaign’s target is general public, civil society, researchers, academia, students, government functionaries and different segments of society. The campaign focuses promotion of Human Rights’ values for creating a culture of tolerance and respect. In this regard, the following activities have been undertaken:

i. 72 Seminars on Human Rights Education, Sensitization and Awareness Raising have been organized in various Universities/Institutions during 2015-16 and 2016-17.

ii. 3 Day Public Awareness Campaign on Pakistan Radio Network, PTV and ATV has been launched for awareness raising among general masses.

iii. Moreover, 6 Day Public Awareness Campaign has been launched on print media through publishing half page/quarter page advertisements.

iv. “Information, Education and Communication (IEC) Material on Human Rights Issues” has been developed as a part of Public Awareness Program.

(Def.)*Question No. 84 Senator Muhammad Talha Mahmood: (Notice received on 05-12-2017 at 09:00 a.m.)

Will the Minister for Human Rights be pleased to state:

(a) the main functions of the National Commission for Human Rights;

(b) the number of cases of human rights violations taken up by the said Commission during the last five years; and

Mr. Mumtaz Ahmed Tarar: (a) Under clause 9 of the NCHR ACT 2012, the functions of the Commission are as under;–

Commission shall perform all or any of the following functions, namely:—

a. suo-moto or on a petition presented to it by a victim or any person on his behalf, inquire into complaints of –

(i) violation of human rights or abetment thereof; or

(ii) negligence in the prevention of such violation, by a public servant;

b. intervene in any proceeding involving any allegation of violation of human rights pending before a court by finking application for becoming a party to the proceedings before such court;

c. notwithstanding anything contained in any other law for the time being in force, the Commission or any person authorized by it may visit any jail, place of detention or any other institution or place under the control of the Government or its agencies, where convicts, under trial prisoners, detainees or other persons are lodged or detained for purposes of ascertaining the legality of their detention as well as to find out whether the provisions of the applicable laws or other provisions relating to the inmates living conditions and their other rights are being complied with;

d. review the safeguards provided by or under the Constitution of the Islamic Republic of Pakistan or any other law for the time being in force for the protection of human rights and recommend adoption of new legislation, the amendment of existing laws and the adoption or amendment of administrative measures for their effective implementation:

Provided that if requested by the Government, the Commission may examine any legislation and submit its views thereon and comment on the implication of the same for legislation;

e. review the factors, including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures;

f. study treaties, other international instruments on human rights and reports submitted by the Government of Pakistan on them including 14

the comments thereon, to make recommendations for their effective implementation;

g. undertake and promote research in the field of human rights, maintain database on the complaints on violence of human rights received and development of human rights norms;

h. spread Human Rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, print and electronic media, seminars and other available means in all major languages of the country;

i. direct investigation and inquiry in respect of any incident of violation of human rights;

j. submit independent reports to the Government on the state of Human Rights in Pakistan for incorporation in reports to United Nations’ bodies or committees;

k. develop a national plan of action for the promotion and protection of Human Rights; and

l. such other functions as it may consider necessary for the promotion of Human Rights.

(b) Since its starting function from May, 2015, the Commission has taken up 1202 complaints of violations of Human Rights of different nature (Annexure A).

(c) The Government of Pakistan is committed to ensure Human Rights of all citizens as envisaged under the Constitution as well as international commitments by adopting all possible measures to ensure protection and promotion of such rights, i.e. rights of women, persons with disabilities and minorities, etc. “The Criminal Law (Amendment) (Offences relating to Honor Killing) Act, 2016 and “The Criminal Law (Amendment) (Offences relating to Rape) Act, 2016” passed by the joint session of the Parliament, are the landmark legislations for protection of Human Rights.

The steps taken by the Government for protection of Human Rights in the country are as under: 15

1. Action Plan for Human Rights, approved by the Prime Minister of Pakistan on 13th February, 2016, is being implemented to further improve Human Rights situation, in the country, through legal, policy & institutional reforms.

2. A National Task Force (NTF) to monitor implementation of Action Plan for Human Rights has been notified under the chair of Federal Minister for Human Rights comprising parliamentarians (one each from National Assembly & Senate of Pakistan), relevant Federal Ministries and Provincial Human Rights Departments. Provincial Task Forces (PTFs) have also been constituted.

4. A Toll Free Helpline “1099” for Legal Advice to the victims of Human Rights Violations has been launched. The Helpline (1099) provides referral services to address grievances of the victims.

5. National Commission on the Status of Women (NCSW) is working for protection of rights of women. The NCSW is mandated to carryout activities to combat Violence Against Women, which include Media Campaign for Awareness on Pro- Women Laws; 16 Days of Activism and an Advocacy Campaign to End Violence against Women.

6. District Human Rights Committees are also being established to monitor Human Rights situation, in the country.

7. The Ministry of Human Rights has initiated Public Awareness Campaign on Human Rights Education and Sensitization under Action Plan for Human Rights, through Seminars as well as advertisements in print and electronic media. The campaign’s target is general public, civil society, researchers, academia, students, government functionaries and different segments of society. The campaign focuses promotion of Human Rights’ values for creating a culture of tolerance and respect. In this regard, the following activities have been undertaken: 16

i. 72 Seminars on Human Rights Education, Sensitization and Awareness Raising have been organized in various Universities/ Institutions during 2015-16 and 2016-17.

ii. Public Awareness Campaign on Pakistan Radio Network, PTV and ATV has been launched for awareness raising among general masses.

iii. Public Awareness Campaign has been launched on print media through publishing half page/quarter page advertisements.

iv. “Information, Education and Communication (IEC) Material on Human Rights Issues” has been developed as a part of Public Awareness Program.

v. Universal Children Day (20th November) International Human Rights Day (10th December) and International Women’s Day (8th March) are also celebrated as regular features in order to create awareness among the masses. Messages of the President and Prime Minister of Pakistan are issued on these occasions.

8. Ministry of Human Rights has formulated a draft National Policy Framework for promotion and protection of human rights after completing the consultative process at federal and provincial level. The draft has been circulated among Ministries/ Divisions for final consultation/input before submission to Federal Cabinet for its approval. The task for formulation of Provincial Strategies on Human Rights has also been started in collaboration with Provincial Governments.

9. The Action Plan provides for designing and execution of Men Engage Model Program to eliminate Gender Based Violence (GBV). It aims at engaging men to challenge discriminatory norms and stereotypes that prevent women’s participation in all spheres of life including contribution to economy. A national survey on Men’s perceptions towards GBV has been launched in 10 districts of the country for interventions on the findings. 17 A - x e n n A 18

(Def.)*Question No. 85 Senator Mohammad Talha Mahmood: (Notice received on 6-12-2017 at 10:55 a.m.)

Will the Minister for Human Rights be pleased to state the details of major incidents of Human Rights violations took place in the country during the last five years indicating also the number of persons booked in the same and action taken against them?

Mr. Mumtaz Ahmed Tarar: The Human Rights violations are reported/ registered with Federal and Provincial Police Departments, in terms of criminal offences. Accordingly, the action is taken by them against the persons involved in such cases. In this regard, the National Police Bureau (NPB), Ministry of Interior and all the Inspectors General of Police were requested to provide the details of major incidents of Human Rights violations.

The NPB has informed that the requisite data/ information is not available with them. As per information obtained by the Ministry of Human Rights and its Regional Offices from the concerned IGPs/ Police Departments, total cases reported during the last five years (2013-17) are 129534. The nature of these cases includes murder, honor killing, kidnapping, rape/gang rape, acid attack, violence against women and children etc. The details indicating the number of persons booked/ arrested in the cases and action taken against them in ICT, Punjab, Sindh, Khyber Pakhtunkhwa & Balochistan, are at Annex I.

NCHR is performing its functions under sections 9-13 of the NCHR Act 2012. NCHR formally started functioning from December, 2015. To date, the Commission has dealt with 1207 cases of different nature of Human Rights violations including children, women and minorities etc. (Annexure A). However, the detail of 32 major cases of Human Rights violations came under the notice of the NCHR through various sources. These are at various stages with NCHR (Annexure B). 19

Annex-I 20 21 B - x e n n A 22 23 24 25 26

(Def.)*Question No. 89 Senator Sherry Rehman: (Notice received on 12-12-2017 at 04:15 p.m.)

Will the Minister for Water Resources be pleased to state:

(a) whether it is a fact that excessive extraction of ground water has led to its depletion in the country;

(b) whether any mechanism has been devised to manage the ground water resources in the country, if so, the details thereof; and

(c) whether any limits have been prescribed for extraction or usage of ground water in the country, if so, the details thereof?

Reply not received.

(Def.)*Question No. 91 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 21-12-2017 at 12:15 p.m.)

Will the Minister for Energy (Petroleum Division) be pleased to state the amount spent by the oil and gas companies in the country on social welfare work / corporate social responsibilities in the areas of their operation since June, 2013, with company-wise breakup?

Mr. Jam Kamal Khan: As per Social Welfare Guidelines, the Exploration & Production companies are bound to deposit the Social Welfare. Obligations in the joint accounts of concerned DCOs/ DCs in the concerned districts, which are utilized through a Social Welfare Committee, chaired by the concerned MNA. However, the company wise detail of amount spent by the E&P companies in the country on Social Welfare Work/ corporate social responsibilities in the areas of their operation during the reported period is attached at Annex-A.

(Annexure has been placed on the Table of the House as well as Library.) 27

*Question No. 190 Senator Sardar Muhammad Azam Khan Musakhel: (Notice received on 13-11-2017 at 12:45 p.m.)

Will the Minister for Housing and Works be pleased to state:

(a) whether there is any proposal under consideration of the Government to renovate and expand the Federal Lodges, Quetta; and

(b) the names of persons who are residing or staying in the said Lodges indicating also the date since which each of them are residing or staying there?

Mr. Akram Khan Durrani: (a) The PC.I had been submitted by this office for construction of additional block at Federal Lodge No I, Zarghoon Road, Quetta vide Office letter No. EE. CCD.1/E - 43/ 1174 dated 13-12-2016.

(b) No body is residing/ staying permanently in the Federal Lodge No. I, Zarghoon road, Quetta as it provids accommodation facility to touring dignitaries/ officers.

*Question No. 191 Senator Sardar Muhammad Azam Khan Musakhel: (Notice received on 13-11-2017 at 12:45 p.m.)

Will the Minister for Water Resources be pleased to state whether it is a fact that an amount 300 million has been allocated for Khazana Dam, Zimri, District Musakhel in the PSDP 2017-18 but no amount has been released out of the same so far, if so, the reasons thereof and the time by which the same will be released?

Syed Javed Ali Shah: The scheme is stand included under PSDP No.1140 with the allocation of 50.0 Million. After approval/clearing by PDWP on 7th April 2017 the PC-I submitted to Ministry of Water Resources, GoP, Islamabad. The Ministry of Water Resources, GoP, Islamabad raised some observations. After various rounds of examination, the PC-I of the project has been cleared and signed by Chief Engineering Adviser, Ministry of Water Resources which will be shortly submitted to Ministry of Planning, Development and Reform for consideration of the competent forum. 28

*Question No. 192 Senator Sardar Muhammad Azam Khan Musakhel: (Notice received on 15-11-2017 at 11:25 a.m.)

Will the Minister for Religious Affairs and Inter Faith Harmony be pleased to state whether there is any proposal under consideration of the Government to give priority to those applicants for Hajj 2018 who applied for Hajj, 2017 but could not be selected in the ballot, if so, the details thereof?

Sardar Muhammad Yousaf: No. Hajj Policy & Plan - 2018 stipulates that; “The applicants who remained unsuccessful continuously for the last three or more times in the previous years will be selected through separate balloting and their number will be restricted to 10,000 only. The left over applicants will be included in the general balloting also”.

*Question No. 193 Senator Ahmed Hassan: (Notice received on 22-11-2017 at 01:15 p.m.)

Will the Minister for Water Resources be pleased to state the details of Bunji Hydro Power Project indicating also the location, estimated cost, expected date of commencement and completion of work on the same?

Syed Javed Ali Shah:

Location

The Project is 560 km from Islamabad on Indus River and about 83 km from Gilgit, on Gilgit-Skardu road.

Estimated cost

Rs. 1,328,907 Million (excluding transmission line)

Expected date of Commencement & Completion

The project will commence after confirmation of finances and approval of PC-I and expected completion period is nine years after commencement.

Present Status

• Feasibility Study and Detailed Engineering Design completed in March 2009 & September 2013 by Bunji Consultants Joint Venture (Lead Firm M/s Mott MacDonald Ltd.). 29

• PC-I amounting to Rs.1,328,907 Million (excluding transmission line) was submitted to Planning Commission on 17.06.2014 for approval.

• The Project was principally recommended by CDWP on 02-12-2015, WAPDA and Ministry of Water Resources were advised to resubmit the PC-I after firming up the financing.

• Ministry of Water Resources requested Economic Affairs Division on 16-06-2016 to approach the potential donors for financing of this project. However, no intimation is received as yet.

*Question No. 194 Senator Dr. Jehanzeb Jamaldini: (Notice received on 24-11-2017 at 11:15 a.m.)

Will the Minister for Law and Justice be pleased to state:

(a) the number of complaints filed in and decided by the Office of the Wafaqi Mohtasib (Federal Ombudsman) during the last five years with year wise break up; and

(b) the percentage of the decision of the said office in those cases which have been implemented by the concerned departments?

Chaudhry Mahmood Bashir Virk: The requisite information in tabulated form is Annexed.

Annexure 30

*Question No. 195 Senator Dr. Jehanzeb Jamaldini: (Notice received on 24-11-2017 at 11:15 a.m.)

Will the Minister for Law and Justice be pleased to state number of cases / petitions filed in the Supreme Court of Pakistan and High Courts of the country separately during the last five years with year- wise breakup?

Chaudhry Mahmood Bashir Virk: The requisite information as received from the Law and Justice Commission of Pakistan in respect of Supreme Court and High Courts is at Annex-I .

*Question No. 196 Senator Dr. Jehanzeb Jamaldini: (Notice received on 28-11-2017 at 12:10 p.m.)

Will the Minister for Law and Justice be pleased to state the details of foreign visits made by Chief Justices and Judges of the Supreme Court and High Courts separately during the last five years with year-wise break up indicating also the duration and purpose of visit and expenditure incurred in each case? 31

Chaudhry Mahmood Bashir Virk: The Registrars, Supreme Court of Pakistan and High Courts have been requested to provide the requisite information vide this Ministry’s letter dated 17th October, 2017 and subsequent requests dated 26th October, 1st November, 8th November and 13th November, 2017 and 22nd December, 2017. However, the reply is still awaited and will be provided in the House on its receipt from the Superior Courts.

*Question No. 197 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 29-11-2017 at 10:00 a.m.)

Will the Minister for Water Resources be pleased to state:

(a) whether it is a fact that construction works on Gadani and Dasu power projects has not been completed so far, if so, the reasons thereof; and

(b) the steps being taken by the Government to complete the said projects indicating also the time by which the same will be completed?

Syed Javed Ali Shah: (a) Gadani is a coal fired power project, which falls under the purview of Power Division. However, the status of Dasu Hydropower Project is given below:

• Detailed Engineering Design of Dasu HPP (Stage-I) Project (2160 MW) was completed in July 2014 followed by Bidding process.

• Implementation of Dasu HPP (Stage-I) started in August 2015.

 Land Acquisition

• Total land to be acquired for Project 9,917 acre

• Land required for Preparatory & 2,028acre Main Civil Works

— Land acquired to-date 633acre

 Preparatory Works

WAPDA has awarded 5 Nos. Contracts related to Relocation of KKH, Access Roads and 132 Transmission Line. Contractors for 32

03 Contracts KKH-01 (10.65 %), RAR-01 (15.32 %) & TL- 01(27.08 %) are mobilized at Project Site and carrying out construction activities. Contracts of KKH 02 & RAR-02 signed and commencement will be issued soon.

Bids of Project Colony & Dasu-RV Contracts opened on 22-11-2017. Evaluation of Bids by Consultants is in progress.

 Resettlement Works

3 Nos. Contracts of Resettlement Sites have been awarded & signed with Chinese firms. Contractors will mobilize at Project site soon after finalization of Resettlement sites by the affectees.

 Main Civil Works

Main Civil Works Contracts have been awarded to M/s CGGC, China. Contract Agreement with M/s CGGC, China was signed on March 08, 2017. Contractor has commenced its services and has mobilized at Site w.e.f June 23, 2017. Construction activities on Access Roads to Diversion Tunnel Inlet (CR1 & CR2) and on Adit are in progress.

 Electro-Mechanical Works

Pre-Qualification process has been completed. Bidding Documents have been issued to Prequalified Applicants on 09.08.2017. Bid submission & opening date have been extended upto 28-02-2018.

(b) • With Ministry of Water Resources support, WAPDA has arranged funds from World Bank, Local Commercial Banks and Foreign Commercial Banks for Dasu HPP under guarantees of Govt. of Pakistan.

• Ministry of Interior, GoP has provided 03 FC Platoon (43 personnel each) for security of foreigners at site. The said Platoons have been deployed at site.

• A Project Steering Committee (PSC) headed by the Secretary, Ministry of Water Resources, GoP has been formed for Project since 2015. The purpose to form PSC was to resolve the issues/ bottlenecks 33

and expedite the progress. 09 Nos. PSC meetings have been held uptil now which have produced fruitful results for Project particularly in respect of land acquisition.

• Dasu Hydropower Project (Stage-1) will be completed by February, 2023.

*Question No. 200 Senator Chaudhary Tanvir Khan: (Notice received on 12-12-2017 at 11:10 a.m.)

Will the Minister for Energy (Power Division) be pleased to state:

(a) the procedure laid down for issuance of licenses to private entities or companies to establish IPPs in the country;

(b) the number of private entities or companies which have been given permission to establish IPPs in the country during the last four years; and

(c) the number of private entities or companies whose applications for establishing IPPs have been rejected during the said period indicating also the reasons for the same?

Sardar Awais Ahmed Khan Leghari: (a) It is stated that under the “Regulation of Generation, Transmission and Distribution of Electric Power Act, 1997” (NEPRA Act 1997), the mandate to issue generation license is that of NEPRA. The procedures laid down for issuance of approvals to establish IPPs in the country under the current Power Policy 2015 are primarily based on following categories:

(i) Solicited IPPs

For solicited IPPs, following modes are adopted:

- ICB based on lowest evaluated levelized tariff or solicitation of discount on the upfront or benchmark tariff determined by NEPRA; or

- Proposals submitted by the Sponsors in response to invitation of Expression of Interest where NEPRA has announced Upfront Tariff. 34

(ii) Projects Awarded/ Recommended by Province

A designated Provincial/AJK/GB entity awards the projects in accordance with their applicable laws and recommend to PPIB for their further processing, PPIB may process the project further under Power Policy 2015.

(iii) Public Sector Power Projects

Federal Government may specifically sanction certain power projects which are owned and controlled by, or any entity or enterprise of, Federal Government, Provincial Government, or local authority to be processed by PPIB under power policy 2015. In line with the scope of this policy, the incentives/ concessions available to PPP will also be available to such projects.

(iv) Projects based on Public Private Partnership etc.

The GoP encourages establishment of power projects in public- private partnership. In line with the scope of Power Policy 2015, the incentives/ concessions available to private power projects will also be available to projects implemented under PPP. mode in accordance with the applicable laws.

(b) After approval of the Board of PPIB, eighteen (18) companies having cumulative capacity of 14,000 MW have been given permission/issued Letter of Interest (LOD for establishment of Coal, Hydro and RLNG based power generation projects in the country during last four years.

(c) Detail of private entities or companies whose applications for establishing IPPs have been rejected/could not proceed during the last four years alongwith reasons is at Annex-I. 35 36 37

*Question No. 202 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 21-12-2017 at 12:15 p.m.)

Will the Minister for Energy (Power Division) be pleased to state the steps taken or projects launched by the Government to control power shortage in Gawadar since June, 2013 indicating also the present status of work on the same in each case?

Sardar Awais Ahmed Khan Leghari: To overcome the power shortage in Gawadar area, 7 projects regarding grid station & transmission lines have been completed, while 4 projects of grid station & transmission line are in progress, the detail of the same is attached as Annex-A. 38 39

*Question No. 204 Senator Col. (R) Syed Tahir Hussain Mashhadi: (Notice received on 03-01-2018 at 11:45 a.m.)

Will the Minister for Energy (Petroleum Division) be pleased to state:

(a) the present status of Iran-Pakistan Gas Pipeline project;

(b) the terms and conditions of the agreement made for the said project indicating also the schedule for implementation of the same; and

Mr. Jam Kamal Khan: (a) Due to international sanctions on Iran, Pakistan issued force Majeure notice to Iran in March 2014. In view thereof Pakistan proposed to amend the Gas Sales and Purchase Agreement enabling the parties to complete their, respective sections of the pipelines within the extended period. The Project came under discussion during the visit of President of Iran to Pakistan in March 2016. Both sides agreed to resolve all outstanding issues. The approval of the competent authority has been sought to negotiate amendment in the GSPA with Iran. 40

(b) Inter State Gas Systems (Private) Limited from Pakistan and National Iranian Oil Company from Iran executed the Gas Sales and Purchase Agreement (GSPA) in June 2009. Both sides agreed to complete their respective segments of the Project by 1st January 2015 which could not be achieved due to international sanctions on Iran. Iran is yet to construct about 300 km of the pipeline within Iran. Pakistan has not been able to start construction of the pipeline within its jurisdiction. The schedule of implementation is attached as Annex-I.

i. The project will support power generation capacity, which will help meet future power needs of the country.

ii. The construction of pipeline will also create job opportunities in backward areas along the pipeline route in Balochistan and Sindh.

iii. The project will help a great deal in meeting the energy requirements of the country’s economy.

iv. The Project upon completion would help achieve high GDP growth in the country.

Annex-I 41 42

*Question No. 205 Senator Ahmed Hassan: (Notice received on 17-01-2018 at 09:10 a.m.)

Will the Minister for Water Resources be pleased to state:

(a) the details of the Khan Khwar Hydropower Project, Shangla indicating also the date of approval and estimated cost of the same;

(b) the amount allocated, released and spent on the said project during the fiscal year 2017-18; and

Reply not received.

*Question No. 206 Senator Ahmed Hassan: (Notice received on 17-01-2018 at 09:10 a.m.)

Will the Minister for Water Resources be pleased to state:

(a) the details of the project for Warsak Hydroelectric Power Station 2nd Rehabilitation indicating also the date of approval and estimated cost of the same;

(b) the amount allocated, released and spent on the said project during the fiscal year 2017-18; and

Reply not received.

*Question No. 207 Senator Hilal Ur Rehman: (Notice received on 18-01-2018 at 03:40 p.m.)

Will the Minister for Law and Justices be pleased to state:

(a) the punishment prescribe in the country’s law and in shariah law for the persons involved in cases of child molestation; 43

(b) whether Islamic injunctions have been included in the country’s law for the said crime, if so, the details thereof; and

(c) whether there is any proposal under consideration of the Government to make legislation for public hanging of the persons involved in that crime, if so, the time by which the same will be brought before the Parliament if so?

Chaudhry Mahmood Bashir Virk: (a) Parliament of Pakistan passed Criminal Law (Amendment) Bill, 2016 dated 22nd March, 2016. The new sections 292A, 292B and 292C, 328A, 369A, 377A and 377B have been incorporated in the Pakistan Penal Code, 1860, which are as follows:—

“292A. Exposure to seduction. Whoever seduces a child by any means whatsoever with an intent to involve him in any sexual activity or exposes him to absence and sexually explicit material ,document, a film ,video or a computer generated image or attempts to do the aforementioned act, shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend upto seven year or with fine which shall not be less than one hundred thousand rupees and may extend upto five hundred thousand rupees, or with both.

292 B. Child pornography. (1) Whoever takes, permits to be taken, with or without the consent of the child or without the consent of his parents or guardian, any photograph, film, video, picture, whether made or produced by electronic ,mechanical, or other means of obscene or sexually explicit conduct, where

(a) The production of such visual depiction involves the use of a minor boy or girl engaging in obscene or sexually explicit conduct;

(b) Such visual depiction is a digital image, computer-generated image that is, or is indistinguishable from, that of a minor engaging in obscene or sexually explicit conduct; or

(c) Such visual deception has been created, adapted, or modified to appear that an identifiable minor is engaging in obscene or sexually explicit conduct; is said to have committed an offence of child pornography. 44

(2) The preparation, possession or distribution of any data store on a computer disk or any other modern gadget, shall also be an offence under this section.

292C. Punishment for child pornography. Whoever commits an offence of child pornography shall be punished with imprisonment of either description for a term which shall not be less than two years and may extend up to seven years or with fine which shall not be less than one hundred thousand rupees and may extend upto five hundred thousand rupees, or with both.

328A. Cruelty to a Child. Whoever wilfully assaults, il-treat, neglects, abandons or does an act of omission or commission, that results in or has, potential to harm or injure the Child by causing physical or psychological injury to him shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend upto three years, or with fine which shall not be less than twenty five thousand rupees and may extend upto fifty thousand rupees, or with both.

369A. Trafficking of human beings. Whoever involves himself in human trafficking shall be punished with imprisonment for a term which shall not be less than five years and may extend upto seven years, or with fine which shall not be less than five hundred thousand rupees and may extend upto seven hundred thousand rupees, or with both.

Explanation.—The world “human trafficking” in this section, shall have the same meaning as is assigned to it in the prevention and control of Human Trafficking Ordinance, 2002 (LIX of 2002).

377A. sexual abuse. Whoever employs, use, force, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any absence or sexually explicit conduct or simulation of such conduct either independently or in conjunction with others with or without consent where age of person is less then eighteen years, is said to commits the offence of sexual abuse.

377B. Punishment. Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term 45

which may extend seven years and libel to fine which shall not be less than five hundred thousand rupees, or with both”.

3. It is pointed out that Government of Pakistan established an independent commission through Act of Parliament in 2017 to monitor, protect, promote the rights of the Child, examine existing or proposed legislation, examine all factors that inhibit enjoyment of rights of child, violence, abuse, and exploitation, trafficking, torture, pornography, prostitution and recommend appropriate measures.

4. Another legislation is pending in National Assembly of Pakistan for protection and care of children in the extent of Islamabad Capital Territory from all form of physical or mental violence, injury, neglict, maltreatment, exploitation, abuse and matters ancillary thereto.

5. Before Criminal Law (Amendment) Bill, 2016 dated 22nd March, 2016, the relevant sections which deal with Kidnapping and abduction of a minor are as follows:

“364A. Kidnapping or abducting a person under the age of fourteen years

Whoever kidnaps or abducts any person under the age of ten, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with [imprisonment for life] or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.

375. Rape—A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions.

(v) With or without her consent when she is under sixteen years of age.

376A. Punishment for rape.—(3) Whoever commits rape of a minor or a person with mental or physical disability shall be punished with death or imprisonment or life and fine”. 46

6. A Private Member Bill moved by Senator Sehar Kamran and Barrister Kamran Murtaza Wahab to enhance the age of person for purpose of abduction and kidnapping from fourteen years to eighteen years in the Pakistan Penal Code, 1860 and Code of Criminal Procedure, 1898. The purpose of proposed amendments is to protect the children from offenders until they are able to interact in society as adult. The said Bill will be introduced in Senate on 22nd January, 2018.

7. Keeping in view the relevant provisions identified and reproduced by this Division, the Interior Division may take policy decision to enhance the punishments through Government Bill and further process the Bill under Rules of Business, 1973.

8. As regards legislation for public hanging of persons involved in these type of crimes, the Senate Standing Committee on Law and Justice is seized of the matter and Judgement has also been discussed in the said Standing Committee whereby Supreme Court has declared public hanging as violative of Article 14 of the Constitution [1994 SCMR 1028].

(b & c) 9. As regards Sharia Law for such offences, the comments of Council of Islamic Ideology have been received and according to CII, they have determined that the purpose of punishment in Islam is deterrence and deterrence can only be achieved by making the convict exemplary. In modern day, the purpose can be achieved by giving publicity in media. CII have further referred to Speedy Trial Act of 1992, but their reply shows that they are not update on the issue as they have not referred to the Judgment of Supreme Court. They think that section 10 of Act of 1992 is still practicable, therefore, there is no need for amending any law for the purpose of public hanging. The correct position is that section 10 of Act of 1992 has been declared ultra vires by the Supreme Court. The Act of 1992 itself was later repealed by Parliament in 1996. The issue of hanging in public was discussed in detail in the meeting of Senate Standing Committee on Law and justice held on 21st February, 2018 and it will be further discussed in the next meeting to reach at some conclusion. The IG Prisons and Secretaries of Home Departments of all four Provinces also attended the meeting held on 21-02-2018.

ISLAMABAD: AMJED PERVEZ, The 22nd February, 2018. Secretary.

PCPPI—407(18) Senate—22-02-2018 —275.