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IMRAN’S TOSHAKHANA SENTENCE SUSPENDED, DETENTION GOES ON IN CYPHER CASE Wednesday, 30 August, 2023 I 12 Safar, 1445
SPECIAL COURT ASKS JAIL OFFICIALS TO KEEP PTI CHIEF IN ‘JUDICIAL LOCKUP’ IN CYPHER CASE
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ISLAMABAD
LEGAL TEAM TERMS RE-ARREST MANIPULATION OF JUSTICE, SAYING THEY WERE INTENTIONALLY LEFT UNINFORMED
STAFF REPORT
HE Islamabad High Court (IHC) on Tuesday announced the much-anticipated verdict, suspending PTI Chairman Imran Khan’s conviction and threeyear sentence in Toshakhana case but the latter could not be released from Attock Jail as he was “detained in cypher case” registered under the Official Secrets Act. The much-anticipated order was announced by a division bench of the IHC comprising Chief Justice Aamer Farooq and Justice Tariq Mehmood Jahangiri on a petition filed by the former prime minister against his sentencing in Toshkhana case. The special court recently established to hear cases under the Official Secrets Act has directed Attock Jail authorities — where the former premier is incarcerated — to keep Imran in “judicial lockup” and produce him on Aug 30 (today) in connection with the cypher case. In a letter addressed to the Attock jail superintendent, Special Court Judge Abual Hasnat Muhammad Zulqarnain said: “That accused Imran Khan Niazi s/o Ikramullah Khan Niazi r/o Zaman Park, Lahore is hereby ordered for judicial remand in case FIR mentioned above, who is already detained in district jail, Attock.” Later, a notification issued by the law ministry said the interior ministry had conveyed security concerns to it in a letter today the Law and Justice Division had “no objection” to Imran’s trial in the cipher case being held at Attock jail tomorrow. One of Imran’s lawyers, Gohar Khan, told AFP by phone that the ex-pre-
mier was “arrested [in the cipher case] prior to today’s court ruling. The exact date of his arrest remains unclear”. Another, Muhammad Shoaib Sha-
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heen, said “his legal team was intentionally left uninformed and kept in the dark. This constitutes a manipulation of justice”. The cypher case pertains to a diplo-
matic document which reportedly went missing from Imran’s possession. The PTI alleges that it contained a threat from the United States to oust Imran from power. Proceedings against PTI Vice Chairman and former foreign minister Shah Mahmood Qureshi in the same case are also under way. “The copy of the judgment will be available shortly … all we are saying now is that [Imran’s] request has been approved,” Justice Farooq said. In the order issued in the evening, the court noted that the three-year jail term awarded to Imran “qualifies as a short sentence”. “The arguments raised by both sides as to the jurisdiction and other issues involve a deeper appreciation of the matter which at the stage is not warranted, especially, where the sentence is a short one […],” it said.
PTI denounces re-arrest of party chairman ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) Core Committee strongly condemned the re-arrest of PTI Chairman Imran Khan in “frivolous” cypher case despite clear orders of his release by the Islamabad High Court (IHC) on Tuesday. Termed the cypher case frivolous and meaningless, the PTI Core Committee demanded open hearing of the case, which was one of the over 180 false, fabricated and fake cases registered against PTI Chairman under a nefarious plan to force him to shun his struggle for making Pakistan an independent country in true sense. They said that the constitution and law guaranteed his complete freedom and release from prison but the extra-constitutional and democratic elements occupying the state were adamant to keep him in the prison. PTI Core Committee stated that like a judge who sentenced PTI Chairman to jail in Thoshakhana case by flouting all rules and regulation, the judge of the special court also kept Imran
Fuel Price Forecast: Massive oil price hike estimated for first half of September PROFIT
Already burdened masses should get ready to bear a jolt in the form of massive oil price hike as per litre prices of all petroleum products are estimated to witness colossal hike during first fifteen days of September 2023. According to sources in oil industry, petrol is expected to see a rise of of Rs 9.65 per litre, high-speed diesel (HSD) could rise by Rs 19.42 per litre, kerosene oil may witness an increase of Rs 13.82 per litre, and Light Diesel Oil (LDO) might go up by Rs 8.66 per litre. These estimates are based on the current tax structure, and if approved, would mean that consumers could be paying Rs 300.10 per litre for petrol, Rs 312.82 per litre for HSD, Rs 230.97 per litre for kerosene oil, and Rs 208.79 per litre for LDO, all starting from the next month of September 2023, sources added. These proposed changes in petrol and diesel prices are grounded in the existing rates of Petroleum Levy and GST, with the Pakistan State Oil (PSO) projecting an exchange adjustment of Rs 2 per litre for petrol and Rs 7 per litre for diesel. In addition, the government currently imposes an Inland Freight Equalization Margin (IFEM) of Rs 4.13 per litre on petrol. It’s essential to note that final price adjustments might vary if the Oil and Gas Regulatory Authority (OGRA) alters the IFEM. At present, petrol is available at Rs 290.45/litre, HSD at Rs 293.40/litre, Kerosene oil at Rs 217.15/litre and LDO at Rs 199.79/litre. It is relevant to note that Petrol (Gasoline) is primarily used as fuel for cars, motorcycles, and other vehicles. High-Speed Diesel (HSD) is mainly used as fuel for heavy vehicles like trucks, buses, and industrial machinery. It is also used in generators and some agricultural equipment. Kerosene Oil is used for cooking and lighting in households without access to electricity. Light Diesel Oil (LDO) is used in industrial boilers, furnaces, and certain types of engines. It’s commonly utilized in sectors like textiles, cement, and power generation. It is pertinent to mention that the likely upcoming increases in the price of oil may have a significant influence on already burdened masses’ day-to-day expenses, household budgets, and inflation rates as a whole. Besides, these proposed changes are subject to government approval and will depend on various factors, including global oil prices, currency exchange rates, and the financial implications for the energy sector.
Khan in prison in total disregard for the constitutions and laws. They said that the unacceptable decision of the special court in the Cipher case was a complete negation of the criminal code and totally against the law of the land. The participants of the meeting were of the view that it was essential to present the accused in the court to obtain physical and judicial remand under Section 167 of the Criminal Code. They went on to say that PTI Chairman, who was illegally imprisoned in Attock Jail, was neither presented before the special court nor was the decision of his remand made public prior to the release order of the IHC. They stated that the date and time of conducting the trial on the said decision of the Special Court was not mentioned, adding that the arrest in another case after being released in one fake and false case was also a clear negation of the recent decisions given by Chief Justice Peshawar High Court andIHC Judge Justice Babar Sattar. STAFF REPORT
Justice Shah reiterates request for full bench to hear plea against amended NAB law ISLAMABAD
STAFF REPORT
AHMAD AHMADANI
CONTINUED ON PAGE 03
Supreme Court’s Justice Mansoor Ali Shah on Tuesday reiterated his previous request to the Chief Justice of Pakistan (CJP) to either issue a final verdict on the Supreme Court (SC) Practice and Procedure Act 2023 first or constitute a full bench to hear the Pakistan Tekreek-e-Insaf’s (PTI) petition against the amendments made to the National Accountability Bureau (NAB) law. The federal government lawyer Makhdoom Ali Khan seconded the appeal to the CJP. A three-member bench comprising CJP Bandial, Justice Mansoor, and Justice Ijazul Ahsan resumed hearing Imran Khan’s plea against the NAB amendments. The PTI chief had challenged the National Accountability (Second Amendment) Act 2022 passed by the Pakistan Muslim League-Nawazled coalition government. Later, a report submitted by the graft buster to the apex court revealed that the NAB ordinance had ended up solving over 90 per cent of the cases, including high-profile ones, that it was dealing with. However, the PTI heavily criticised the PDM’s decision to approve the amendments, denouncing it as an attempt to limit the graft buster’s authority. Further, in July of last year, the federal cabinet passed the National Accountability (Third Amendment) Bill for 2022. This bill further restricted NAB’s role
in corruption cases involving amounts exceeding Rs500 million. Additionally, it rescinded the president’s ability to appoint judges for the accountability court. During the last hearing, Justice Shah reiterated his previous request for the formation of a full court to decide the matter, emphasising the need for the apex court to decide the SC (Practice and Procedure) Act. Referring to his note written in the military trial case where he had made the same suggestion, he said that the NAB amendments case should be heard by the full court. Today, as the bench took up the matter again, CJP Bandial observed that through the SC (Practice and Procedure) Act, “the independence of the judiciary has been attacked and the foundations of this independence have been shaken”. “A fellow judge of mine has referred to the SC (Practice and Procedure) Act. You may not know this but the Attorney General of Pakistan (AGP) had spoken of inconsistencies between the SC (the Practice and Procedure) law and the SC (Review of Judgment) Law, on June 1, 2023. The AGP had asked the apex court for some time and on June 8, 2023, he said that after the budget session, the parliament will correct the law,” said CJP Bandial. “I am unaware what the current (interim) government’s stance on the matter is,” the top judge added before questioning whether “hearings on all cases should be stopped on the basis of a suspended law’.
“The only other option is that the court continues to work and let the parliament decide,” said Justice Bandial. “I regret to say this but it is only an impression that the law is in place,” he added, “because if it is indeed effective then why did they [the government] speak of amendments?”. Upon this, the government’s lawyer urged the court to also proceed with “extreme precaution” before declaring any law null and void. “We are not declaring any law as null and void,” responded the CJP, stressing that the law had for the first time in history interfered in the administrative affairs of the SC, “granting a remedy that is not available in the Constitution”. Still, CJP Bandial urged the government to submit its application on the SC (Practice and Procedure) Act, but in the same breath expressed reluctance in allowing “the courts to simply stop working” in the meantime. Justice Ahsan said “we hope to see this law amended so that it is in line with the Constitution”. Upon this Justice Shah reiterated his earlier stance saying “I request the CJP to give a decision on the SC (Practice and Procedure) Act before the NAB amendments issue. Otherwise, the SC should constitute a full court on this case”. The federal government lawyer Makhdoom Ali Khan seconded the appeal to the CJP. PTI’s lawyer Khawaja Haris raised the point that a five-member bench of the SC has given the decision and stated that only the CJP has the authority to form benches.
Govt engaging with IMF on relief measures for electricity consumers: Solangi ISLAMABAD
STAFF REPORT
Caretaker Minister for Information Murtaza Solangi said on Tuesday the caretaker government was engaging with the International Monetary Fund (IMF) regarding relief measures for electricity consumers and an announcement was expected soon. Solangi made this revelation after a federal cabinet meeting, chaired by Prime Minister Anwaarul Haq Kakar, deliberated on the Ministry of Energy’s recommendations for reducing high electricity bills in Islamabad on Tuesday. The meeting was convened in response to public demonstrations across the country, with a considerable number of people taking to the streets to protest against the excessively high electricity bills following a significant rise in the national average tariff. The outrage prompted interim PM Kakar on Saturday to summon an “emergency” meeting for Sunday to discuss the issue, a second round of which was supposed to be held yesterday. However, a source told Dawn that the caretaker prime minister did not preside over the meeting, and instead, asked the ministers for energy, finance, information and others to hold the meeting and come up with a solution that would be presented before the federal cabinet today. Meanwhile, interim Information Minister Murtaza Solangi said the energy ministry had finalised a list of proposals to provide relief to the inflationhit populace, which would be presented in today’s meeting. The energy ministry confirmed this on X, formerly Twitter, earlier today. When Solangi was asked about the progress made in the meeting today, he said during an appearance on a TV talk show that decision for providing short, medium- and long-term relief to consumers were taken. But, he added, these decisions entailed some implications on which the IMF needs to be taken onboard. “As we speak, our [interim] Finance Minister Shamshad Akhtar is talking to them. So I hope we will soon be in a position to make the announcement,” he said. Asked when the announcement would be made, he replied: “It is a matter of few hours. You are aware of the time difference and complications pertaining to talks with the IMF.” The interim minister said he was expecting that a decision would be reached without any difficulty as the relief measures finalised by the caretaker cabinet would not affect the “two pillars” of primary surplus and circular debt. Last month, the global lender’s executive board had green-lit a $3 billion nine-month standby arrangement (SBA) for Pakistan in order “to support the authorities’ economic stabilisation programme”. The board had approved the bailout package for the country for an amount of $2.25bn Special Drawing Rights — reserve funds that the institution credits to the accounts of its member nations — the IMF had said in a statement, adding that this amounted to about $3bn, or 111pc of Pakistan’s quota. One of the IMF’s requirements under this package was an increase in uniform national tariffs to ensure “further progress on structural reforms, particularly with regard to energy sector viability and stateowned-enterprise governance”.
As rupee freefalls, differing exchange rates may land govt at odds with IMF g
CLOSED AT RS303.05 IN INTERBANK, DOLLAR BEING SOLD AS HIGH AS RS323 BY EXCHANGE COMPANIES PROFIT
UROOJ IMRAN
The rupee’s value continued to decline against the US dollar on Tuesday as the gap between the interbank and the ‘official’ and ‘unofficial’ rates in the open market widened, potentially putting the government in a precarious position weeks ahead of an International Monetary Fund (IMF) review. The rupee lost Rs 1.05 or 0.35 percent in the interbank market to close at a historic low of Rs 303.05 per dollar in the interbank market, according to State Bank of Pakistan (SBP) data. The rupee has been in a freefall in recent days especially as the government lifted import restrictions, resulting in increased demand for the dollar. Tuesday’s
loss marks the eighth straight session that the rupee’s value has declined. Meanwhile, the US dollar was being sold at Rs 318 in the open market, according to the Exchange Companies Association of Pakistan (ECAP). This was an increase of Rs 3 or 0.95 percent from yesterday’s rate. However, the ‘official’ rate shared by the Association was significantly lower than the rate exchange companies were actually selling at. According to two exchange companies that Profit reached out to, the US dollar was being sold at around Rs 323, and was in short supply. Why do these different rates matter? Under the terms of a Standby Agreement with the IMF that Pakistan signed in
June this year, the government must adhere to a market-based exchange rate and the difference between the rates in the interbank and open markets must not exceed 1.25 percent for more than five business days. The difference between the interbank rate shared by the SBP and the ‘official’ open market rate shared by the ECAP is Rs 14.95 or 4.93 percent, which is already much higher than the premium the IMF wants to maintain. However, the gap between the interbank rate and the ‘unofficial’ open market rate is even higher – Rs 19.95 or 6.58 percent. This means that if the rate of the dollar does not fall in the open market, the interbank rate will have to catch up no matter what. And if this premium is not reduced by
the time the next IMF review rolls around – in October or November – or the government imposes any restrictions on selling dollars to try and bring down the open market rate, it may put the government in a weaker position to negotiate with the IMF for the release of the next tranche of the $3 billion SBA. Ismail Iqbal Securities’ Head of Research Fahad Rauf said reducing the gap between rates in the interbank and open market warrants further depreciation. “The government needs to either bring the open market rate down or let the interbank rate match it,” he commented. If the government did not allow the rupee to depreciate in the interbank market, or breached the Standby Agreement’s con-
ditions, it would become difficult to convince the IMF for the release of the next tranche, he pointed out. The next tranche of about $710 million is crucial for Pakistan as the SBP’s foreign exchange reserves fell below $8 billion in the week ending August 18, 2023, which are not enough to even fully cover two months of imports. In such a situation, it is essential that Pakistan completes the next review to shore up its reserves as it has to service debts amounting to $25 billion in FY24. It is pertinent to mention that the IMF has already begun virtual talks with the Federal Board of Revenue to review its tax collection performance in the first two months of FY24 as part of the SBA.