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SC GRILLS AGP OVER PLEA TO FORM FULL COURT ON LAW CURBING CJP’S POWERS Tuesday, 9 May, 2023 I 18 Shawwal, 1444
SC ORDERS SUBMISSION OF NATIONAL ASSEMBLY SPEECHES RECORD ON LAW
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ISLAMABAD
BENCH TURNS DOWN AGP’S REQUEST TO LIFT STAY ON IMPLEMENTATION OF LAW
STAFF REPORT
HE Supreme Court on Monday ordered the attorney general to submit by Tuesday the record of National Assembly proceedings regarding a law aimed at limiting the powers of the chief justice. Introduced last month, Supreme Court (Practice and Procedure) Act, 2023 seeks to prevent the chief justice from taking suo motu notices in an individual capacity on issues of fundamental rights and constitute benches for various cases. The direction was given by an eightjudge larger bench, headed by Chief Justice Umar Ata Bandial, during a hearing of a set of petitions moved to challenge the law. During the previous hearing, Justice Bandial turned down the request of Mansoor Usman Awan to lift the stay order imposed on the implementation of the law. The court had also ordered the submission of the record of parliamentary proceedings on the previous hearing, which was not presented on Monday. During the proceedings, the Supreme Court grilled Mansoor Usman Awan, the attorney general, over the government’s request to form a full court to hear the case. Regarding the request Pakistan Bar Council (PBC) for a full court, the chief
justice had previously put it aside for consideration during the next hearing. However, the government later asked the court to form a full court to address important questions related to judicial independence and parliament’s authority to regulate court procedures. Before the hearing on Monday, the Pakistan Muslim League-Nawaz (PMLN) submitted a plea requesting a full court to hear the case. At the outset of today’s hearing, AGP Awan informed the court that a plea had been filed for the formation of a full
China seeks ‘new fields’ of military cooperation with Pakistan BEIJING
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court to hear the case. “The PML-N has also filed a petition for the formation of a full court,” he said. Justice Ahsan noted that the government’s plea had not yet been fixed for hearing. He then asked the AGP whether the documents sought by the court at the previous hearing had been submitted. Awan replied that he expected to receive the record of parliamentary proceedings by tomorrow and had also contacted the NA speaker in this regard. “The judiciary’s independence is a fundamental element of the Constitu-
tion,” the AGP added. He said that the law in question had set out the procedure for constituting benches as well as dealing with appeals. “The matters decided in the law are administrative in nature,” he said, arguing that the SC’s rules were formulated by a full court. He said that decisions and cases concerning the judiciary’s independence and rules should involve a full court, adding that the law would also be applicable on judges that were not hearing the case. Justice Ahsan, however, said that the matter at hand concerned the power to legislate and not changes to the SC rules. “Various benches have been routinely hearing cases relating to legislative powers,” he said. At this point, Justice Naqvi asked if such a law had been enacted in the past. The AGP responded by saying that the president’s permission was required for making rules until 1973. Justice Naqvi then asked how such a law could be passed when Article 191 of the Constitution was present. Article 191 states the following: “Subject to the Constitution and law, the SC may make rules regulating the practice and procedure of the court.” The AGP contended that such a case had not been filed in the past and, therefore, a full court should be constituted.
ECC approves Rs13.2b TSG for Pakistan Mortgage Refinance Company Ltd
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ISLAMABAD
China’s defence minister on Monday told the naval chief that their militaries including their navies should “expand into new fields of cooperation” to bolster the capability of the two neighbours in safeguarding security in the region. Ties between the two militaries stretch back years, with their navies and air forces holding bilateral exercises in each other’s territory. For China, Pakistan and its access to the Arabian Sea is key in the event of a maritime blockade in the Strait of Malacca. But Chinese interest in the region has stirred concern, especially in neighbouring India after China opened its first overseas military base in Djibouti on the northwestern fringe of the Indian Ocean in 2017. China’s Defence Minister Li Shangfu told naval chief Amjad Khan Niazi, who was visiting Beijing, that the two countries’ military relationship was a key part of bilateral ties. “The two militaries should expand into new areas of exchanges, create new high points of cooperation to continuously enhance their ability to deal with all sorts of risks and challenges, and jointly maintain the security interests of the two countries and of the region,” said Li, according to a statement on China’s Ministry of National Defense website. Niazi’s visit comes after Zhang Youxia, vice chairman of China’s Central Military Commission, said in late April that the Chinese military was willing to deepen and expand cooperation with Pakistan’s military. So far, China has not disclosed if it had sought military access to Pakistan’s Chinese-funded, deepwater port of Gwadar. The Pentagon previously identified Pakistan as a possible location for a future Chinese military base, with Gwadar seen as the likely location. Any sign of that happening would fuel New Delhi’s worries of growing Chinese military alliances and assets in its own backyard. In 2022, New Delhi expressed concern over a Chinese survey ship’s visit to a strategic port in Sri Lanka. In 2014, Sri Lanka angered India when a Chinese submarine and a warship were allowed to dock in Colombo.
The Economic Coordination of Cabinet has approved a Rs13.2 billion Technical Supplementary Grant in favor of Pakistan Mortgage Refinance Company Limited (PMRCL), to provide medium and long-term funding to primary mortgage lenders by raising funds from the capital debt market at cheaper rates. Minister of Finance and Revenue Ishaq Dar on Tuesday chaired the ECC meeting and approved Rs13.2 billion TSG in favor of Pakistan Mortgage Refinance Company Limited (PMRCL). The grant is equivalent to $ 50 Million and is to be obtained from the World Bank as the 1st Tranche of a Credit Line of $ 85 Million. Pakistan Mortgage Refinance Company Limited (PMRC) has been set up as a joint initiative of the government and commercial banks and development finance institutions (DFIs) with the support of the International Finance Corporation (IFC) and the World Bank (WB). The purpose of this body is to provide medium and long-term funding to primary mortgage lenders by raising funds from the capital debt market at cheaper rates. The government holds 28.86% shares of PMRC, while the rest of the 71.14 % shareholding are held by banking sector investors which include –NBP, HBL, UBL, IFC, Askari Bank, Bank Alfalah, ABL. Bank Al Habib Ltd., HBFCL and Summit Bank. The State Bank has issued a “commencement of business” certificate to PMRC from I2-06-2018 The World Bank provided credit line of US$ I40 million to
government during 2018 to pass on the same to PMRC at a concessional rate of 3%. To expand the provision of risk cover to Els against financing in housing sector, the World Bank on 10-03-2022 approved an additional credit line of $85 million to the government for a Housing Finance Project. This will be passed on to Credit Guarantee Trust Fund (CGTF) solely owned by the government as a loan, and PMRC will act as a trustee. In this regard, the Economic Coordination Committee (ECC) of the Cabinet, on 29-11-2022, approved a summary regarding constitution of a new scheme titled Credit Guarantee Trust Scheme for low income housing namely Mera Pakistan Mera Ghar (MPMG) Scheme through a Second Supplemental Trust Deed with the amount of $ 85 million to be obtained from the World Bank. The cabinet ratified the same, dated 08-12-2022. The second supplementary trust deed between government and PMRC has been signed on 15-122022 which has been registered by the Directorate of Labour and Industries, Islamabad on 20-12-2022. The disbursement process for
the first tranche of US$ 50 million has been initiated. In order to release the said funds to PMRC, an equal amount of rupee cover would be required and the Finance Division has allocated an amount of Rs 1 billion Federal Miscellaneous Investments & Other Loans and Advances for the current fiscal year for the Pak rupee equivalent of the said fund. Accordingly, a letter to AGPR for opening an Assignment Account in National Bank of Pakistan, Karachi in the name of PMRC – Trustee Credit Guarantee Trust Scheme for low income housing – MPMG to operate the Trust Fund has been issued. 8. In order to release the funds amounting to US$ 50 million to be received from the World Bank, an equal amount in Rs 14.2 billion at the rate of Rs 284 per US$ as per the prevailing exchange is required. The Finance Division has allocated an amount of Rs. 1 billion under federal miscellaneous investments & other loans and advances for fiscal year 2022-23 for the Pak rupee equivalent of the said funds, therefore, funds of Rs 13.2 billion will be arranged through Technical Supplementary Grant.
Afghan acting FM urges Pakistan, TTP to hold talks for peace ISLAMABAD AGENCIES
Afghanistan’s Acting Foreign Minister Amir Muttaqi on Monday urged Pakistan government and the outlawed Tehreek-i-Taliban Pakistan (TTP) sit together for dialogue. Speaking at the Institute of Strategic Studies in Islamabad, Muttaqi said that the Afghan Taliban had helped initiate negotiations between Islamabad and the TTP. “We do not want any bloodshed and unrest on the land of Pakistan,” he maintained, adding that the two neighbouring countries face serious security and political challenges. On the Afghan interim government’s ban on girls’ education, the acting FM clarified that the Taliban never said that women’s education was “un-Islamic” or it is “prohibited”. He stated that the Afghan Taliban have said that educational activities will remain suspended until further orders. Muttaqi also said that Afghanistan’s territory will not be allowed to be used against any country, adding that “Pakistan and Afghanistan have to jointly invest in infrastructure, especially railways, and corridor projects”. He added that the people of Pakistan and Afghanistan have made sacrifices and now “we have to take advantage of the opportunities for economic development”. The acting FM also stressed that economic connectivity with Pakistan and Central Asian countries is important. Referring to Afghanistan’s current economic situation, Muttaqi said that the Taliban government has tried to overcome the challenges and improve the situation after coming to power. The foreign minister also added that according to a World Bank report, inflation has decreased in the wartorn country and the Afghan currency has also stabilised. Muttaqi is currently on a four-day visit to Pakistan. Besides holding bilateral meetings, he has also participated in the 5th China-Pakistan-Afghanistan Trilateral Foreign Ministers’ Dialogue on Saturday. In February, a high-level delegation led by Pakistan’s defence minister visited Kabul and conveyed its concerns, and told the Afghan interim government that the policy of holding talks with the TTP was over. The visit had come against the backdrop of a surge in terrorist attacks in Pakistan. Attacks in Peshawar Police Lines and Karachi Police Office had compelled Pakistani authorities to reach out to the Afghan Taliban.
Parliament will not bow to Imran’s intimidation: Rana Sana ISLAMABAD
STAFF REPORT
Interior Minister Rana Sanaullah Khan said on Monday that if Pakistan Tehreek-e-Insaf (PTI) Cheif Imran Khan intended to force and intimidate Parliament in order to hold elections, it will not come to pass. Talking to a private news channel, he said that it was a fallacy on Imran Khan's part to assume that he can have his way and accomplish whatever he desired. The minister reiterated that the government would not engage in any dealings tainted by Imran Khan's dishonesty and obstinacy. Rana Sanaullah said Imran Khan has employed various tactics, but they have proven futile. Imran Khan himself know he was uttering falsehood, and he fabricated baseless and entirely fictitious narratives, he asserted. "He tells lies ten times every morning upon waking up. What course of action should be taken against this?" "If concrete evidence emerges, we shall certainly take appropriate action", responded to a question regarding life threats to PTI chief, adding that there was no need for anyone to resort to harming Imran Khan, and false FIRs will not be filed against anyone just merely based on a false acquisition of Imran Khan. On a question regarding elections, he clarified that general elections will be held when the assemblies will complete their term. PML-N have strong candidates in every constituency in Punjab, and they were confident of securing a resounding majority in Punjab. Negotiations are currently underway with PTI, and there were individuals in PTI’s camp striving to steer things in a positive direction, he added.
Pakistan fails to satisfy IMF in maintaining forex reserves g
FUND WANTS PAKISTAN TO IMPROVE IMPORT COVER TO AT LEAST TWO MONTHS, EQUIVALENT TO $6B PROFIT
ISLAMABAD
Patience is a virtue lesser known to Pakistanis, be it in ques at the bank or a traffic signal. However the IMF has taken it upon itself, to give Pakistanis a crash course in patience. The staff level agreement (SLA) of the IMF, has been further delayed as Islamabad was unable to satisfy the Fund with regard to maintaining $ 10 billion foreign exchange reserves or equivalent to two months of imports. The agenda of IMF Executive Board meetings was uploaded on the Fund website on Monday but the Pakistan’s Staff Level Agreement (SLA) was not included in its Executive Board meetings up until May 17 2023 . Sources privy to the developments on
the deal, said that the government economic team has failed in securing assurances on external financing from friendly nations. The IMF wanted the government to improve its import cover to at least 2 months (equivalent to $6 billion), after the repayment of $3.7 billion worth of debt, maturing in May-June 2023. Sources also said that Pakistan presented a new plan for the financing of $1 billion in additional aid, which the lender deemed insufficient due to which the IMF in its schedule of executive board meetings has not included the Pakistan case in any agenda until May 17, 2023. Sources also said that the budget-making process will be affected if transactions with the IMF are not concluded. On the other hand, the Ministry of Finance said Pakistan has completed almost
all of the prior actions for completion of the 9th review. They said the present government imposed Rs 170 billion in additional taxes to complete the lender’s program and receive over $1.1 billion in the bailout. It is noteworthy that the highly-awaited SLA was scheduled for February 9 but has faced many delays since then. The fund has been adamant on imposing strict prior conditions on Pakistan, which Pakistan seems to have failed to comply with. It is also to be kept in mind that a number of foreign aid assurances that Pakistan has are also contingent upon the IMF staff level agreement. Therefore further delays in the staff level agreement not only mean economic uncertainty but also open up the window of the possibility of defaulting on its debt obligations for Pakistan.