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SC OrderS tO reStOre ALL COrrUPtION CASeS AGAINSt PUBLIC OffICe-hOLderS
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Saturday, 16 September, 2023 I 29 Safar, 1445
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IN 2-1 VERDICT, COURT DIRECTS NAB TO SEND CASES RECORD TO RELEVANT COURTS WITHIN SEVEN DAYS
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ISLAMABAD
JUSTICE MANSOOR ALI SHAH DISAGREES WITH MAJORITY VERDICT BY OPTING FOR NOTE OF DISSENT
STAFF REPORT
N a 2-1 majority verdict, the Supreme Court (SC) on Friday ordered to restore the corruption cases against public office holders that were withdrawn after amendments were made to the country’s accountability laws. The reserved verdict was announced by a three-member bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan and Justice Syed Mansoor Ali Shah on PTI Chairman Imran Khan’s 2022 petition challenging amendments made to the accountability laws. CJP Bandial and Justice Ahsan declared Imran’s plea to be maintainable while Justice Shah disagreed with the majority verdict, according to which not just the corruption cases but also the inquiries and investigations were directed to be restored. The bench announced the verdict by 2-1 majority with third member of the bench, Justice Mansoor Ali Shah wrote note of dissent. The bench appeared to be visibly divided over the issue during 53 hearings on the former prime minister’s petition. Justice Shah consistently questioned the maintainability of the petition, whereas CJP Bandial and Justice Ahsan remained critical of some of the amendments made to the NAB law by the Pakistan Democratic Movement government. The court also declared some amendments to the accountability laws to be contrary to the Constitution. These included one which limited the National
Accountability Bureau’s (NAB) jurisdiction to cases involving over Rs500 million and one which allowed the accused to claim the amount of plea bargain deposited after being acquitted. The court also declared the verdicts issued by the accountability courts in light of the amendments made to the laws were declared null and void. The court directed NAB to send the record to the relevant courts within seven days. In June 2022, the former premier had moved the apex court against amendments made to the National Accountability Bureau (NAB) ordinance under the National Accountability (Second Amendment) Act 2022. The amendments made several changes to the National Accountability Ordinance (NAO) 1999, including reducing the term of the NAB chairman and prosecutor general to three years, limiting NAB’s jurisdiction to cases involving over Rs500 million, and transferring all
After UBL, Meezan Bank wants to establish exchange company g
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IT WILL BE FOURTH MAJOR COMMERCIAL BANK TO OPERATE A WHOLLY-OWNED EXCHANGE SUBSIDIARY PROFIT
MARIAM UMAR FAROOQ
A few days after United Bank Limited (UBL) announced that it is establishing an exchange company, one of the leading Pakistani banks – Meezan Bank – has followed suit. The announcement means that Meezan Bank has now become the fourth major commercial bank to also operate an exchange company after UBL, Habib Bank Limited (HBL) and the National Bank of Pakistan (NBP). Meezan Bank’s board of directors announced that the new exchange company would have Rs 1 billion as paid-up capital, which is in line with UBL’s paid-up capital. This momentous development follows the recent concerted crackdown against black market operatives, and the subsequent announcement by the State Bank of Pakistan (SBP) to introduce structural reforms in the Exchange Companies’ sector. SBP unveiled a set of reforms related to exchange companies: The point of the recent crackdown has been to rein in the open market and strengthen governance, internal controls, and compliance culture in the sector. As part of these reforms, leading banks actively engaged in foreign exchange business would establish wholly owned Exchange Companies to cater to the legitimate foreign exchange needs of the general public. Additionally, the minimum capital requirement for Exchange Companies has been increased from Rs 200 million to Rs. 500 million, free of losses.
Rs 15.00 | Vol XIV No 77 I 8 Pages I Islamabad Edition
pending inquiries, investigations, and trials to the relevant authorities. In his petition, the PTI chief had
claimed that the amendments to the NAB law had been made to benefit influential accused persons and legitimise corruption. In recent hearings, Justice Shah had repeatedly urged for a full court to hear the case, citing the frozen Supreme Court (Practice and Procedure) law. However, CJP Bandial had opposed it, noting that his retirement was near and the matter had already been pending before the court for a considerable time — since at least July 19, 2022. The SC had reserved its verdict in the case on September 5, after 53 hearings, with the members of the three-judge bench debating the power of parliament to enact legislation with retrospective effect. Making a reference to the judgement, the bench had said something “short and sweet” would be released soon.
Inquiry against caretaker PM Kakar closed on ‘merit’: NAB
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ISLAMABAD: The National Accountability Bureau (NAB) on Friday clarified that an inquiry launched against caretaker Prime Minister Anwaarul Haq Kakar in connection with assets was closed on “merit” after a thorough investigation into the allegations. The clarification came hours after a three-member bench of the Supreme Court in a majority 2-1 verdict ordered restoration of graft cases against public office-holders which were withdrawn after amendments were made to the NAB laws. According to NAB authorities, the charges against the incumbent interim premier could not be proved as no concrete evidence came on the record during the inquiry. “Complaint against the caretaker PM had nothing to do with the NAB amendments,” the officials said. NAB sources said that the anti-graft watchdog had launched an inquiry against PM Kakar in connection with his assets in Quetta but the allegations could not be proved and subsequently, the inquiry was dropped on “merit”. The well-placed sources also said that the “matter” had been cleared before he was named as the caretaker prime minister.
Giving election date beyond mandate of interim set-up: PM ISLAMABAD
STAFF REPORT
Caretaker Prime Minister Anwaarul Haq Kakar on Friday said that announcing the election date was beyond the mandate of the interim government. Speaking at a press conference after a high-level meeting at the PM House today, PM Kakar once again ruled out the prospect of declaring the poll date. In response to a question, he said, “If I were to announce elections, I would be engaging in an unlawful act, and as a journalist, you should be aware that if you steer us towards illegal actions and pose questions that might tempt us to break the law, then what should my response be?” Earlier this week, the premier had made similar remarks when he stated that it was the Election Commission of Pakistan’s (ECP) responsibility to decide on election date, adding: “We have no intention to prolong the tenure of the caretaker government.” Concerns on the poll timing have arisen from the ECP ruling out elections this year. It reasons its decision to push elections beyond November 9 on the basis of the notification of results of the new digital 2023 census and Section 17(2) of the Elections Act, which states: “The commission shall delimit constituencies after every census is officially published.” ACTIONS AGAINST CROSSBORDER SMUGGLING: The PM also stated that an effective management plan was actively being implemented to curb cross-
border smuggling. “We have zero tolerance for those involved in the smuggling industry and the law will take its course,” he asserted. Kakar further mentioned that extensive discussions had taken place regarding the Afghan transit trade agreement and the reopening of the Torkham border. He noted that the commerce ministry had taken a lead role, working in collaboration with border management authorities, including customs, to revise policies governing the allowance or restriction of trade items. Furthermore, the premier dismissed the notion that cracking down on smuggling would deprive the local population along the bordering areas of Khyber Pakhtunkhwa and Balochistan of their livelihoods. He emphasised that these provinces deserved a legitimate and thriving trade environment, not smuggling. The caretaker PM expressed the determination to a relentless campaign to deal with the issues of power pilferage, hoarding and smuggling.
The Prime Minister expressed his satisfaction over the actions taken against smuggling, hoarding and power pilferage over the last few days. He appreciated the efforts of the provincial chief secretaries and Inspector Generals of Police in this regard. He also noted an increased vigilance in Khyber Pakhtunkhwa and Balochistan provinces against smuggling and highlighted the intervention of the Intelligence Bureau in addressing areas of concern. The Prime Minister emphasized the need for gradually improving the performance of civil institutions to better deal with governance related challenges. Asked about the involvement of Afghan refugees involved in cross-border smuggling, Kakar said an effective policy in this regard had been agreed upon. He categorised Afghans living in Pakistan into three types: those registered with the government, “aliens with no justification to reside”, and those with “identity theft”.
Govt announces biggest hike in POL prices ISLAMABAD
STAFF REPORT
The caretaker government on Friday night pushed through another hike in the prices of petrol by Rs26.02 per litre and high-speed diesel (HSD) by Rs17.34 per litre. The increase brings the price of petrol to Rs331.38 per litre while HSD is Rs329.18 per litre, the Ministry of Finance said in a post on X (formerly Twitter) after midnight. It added that the decision was taken owing to the increasing trend of petroleum prices in the international market. No revision was specified in the rates of kerosene or light diesel oil. The price increase comes on the heels of an already massive hike on Sept 1, when the interim government raised fuel prices by up to Rs18 per litre. That jump in petroleum prices had come after similar hikes by the interim government on Aug 15. The price hike is based on existing tax rates and import parity prices, mainly because of currency fluctuation and a slight increase in international oil prices.
No ban on anyone’s entry into Pakistan: Sarfraz Bugti ISLAMABAD
STAFF REPORT
Interim Interior Minister Sarfraz Bugti on Thursday confirmed that the caretaker federal cabinet’s subcommittee on the Exit Control List (ECL) recommended putting the names of former first lady Bushra Bibi’s trusted friend and confidante, Farah Gogi, and that of her husband, among others, on the no-fly list but clarified that there was no ban on anyone’s entry into Pakistan. To a question about what purpose would it serve when the names of Gogi and her husband, Ahsan Jamil Gujjar, were already on the ECL, the caretaker interior minister said that legal formalities had to be fulfilled when the investigation agencies, including NAB, anti-corruption, intelligence agencies and other law enforcement agencies, sought placing individuals’ names on the list. “To be frank, the discussion was not focused on individuals but on their cases and the necessary action which was required to be taken,” Bugti stated. “The committee has to ensure that no one is treated differently.” To another question if Gogi and her husband were already cooperating with the authorities concerned, what were the chances of their return to the country, Bugti said that he had no knowledge if they were in touch with the authorities, adding that they could return anytime if they wanted as “there is no ban on anyone’s entry into Pakistan”. He explained that the committee had also recommended removing the names of several people who were no longer required on the ECL. He added that no discussion took place regarding Bushra Bibi or any other high-profile people, saying most of the people whose names had been recommended to be placed on the ECL were nonpolitical and not that famous. Another official, who requested for anonymity, also shared that the discussion mostly focused on the cases rather than the individuals, saying that the minister’s approach was simple – deal everything on merit, give relief if one deserves, and no one should be discriminated. The details emerged after the subcommittee’s meeting, which was attended by the caretaker Federal Minister for Railways Capitan (retd) Shahid Ashraf Tarar, officials of the interior ministry and other institutions. The committee reviewed and deliberated upon different cases. The official statement said that the sub-committee recommended placing names of 17 individuals on the ECL that were sent by different departments and agencies.
After nine-day closure, Torkham border reopens to all types of traffic CONTINUED ON PAGE 03
ISLAMABAD
STAFF REPORT
The Torkham border, the central trade route connecting Pakistan and Afghanistan, on Friday officially reopened to all types of traffic after closure of nine days. Khyber Deputy Commissioner Abdul Nasir Khan confirmed on Friday that the border crossing was reopened to all type of traffic. The route was closed following confrontations between border security forces from both countries. Thousands of travellers and hundreds of trucks laden with goods were stranded last week by the closure of the Torkham border crossing, at the western end of the fabled Khyber Pass. “It’s opened for pedestrian and vehicular traffic,” Khan told Reuters. Pedestrian movement has resumed at the
border, with a significant influx of travelers heading to the immigration section for entry into Afghanistan. Assistant Commissioner Khyber district, Irshad Khan Mohmand confirmed that truck clearances are underway, and Afghan citizens are entering Afghanistan after completing clearance and immigration procedures. Speaking anonymously due to the sensitivity of the matter, a security official in Torkham said that the border’s reopening followed a series of talks between Pakistani and Afghan officials, resolving the underlying issue. Thousands of loaded vehicles had been stranded on both sides of the border during the closure, causing disruptions to trade and commerce. Pakistan asserted that the Taliban administration had attempted to encroach upon its territory by constructing an “unlawful structure.” They also accused Afghan forces of
“indiscriminate firing.” Conversely, the Taliban foreign ministry alleged that Pakistan security forces had fired on their troops while they were repairing an old security outpost near the border. This border closure had significant implications as it was a key entry point for landlocked Afghanistan. Tensions between Pakistan and Afghanistan have been strained at times, primarily due to border disputes and Pakistan’s claims of militant attacks originating from bases in Afghanistan, which Afghan authorities consistently deny. The recent understanding to reopen the border was reached during a meeting between Acting Afghanistan Foreign Minister Amir Khan Muttaqi and the Head of the Pakistan Mission in Kabul, Ubaidur Rehman Nizamani. During the meeting, Afghan authorities assured Pakistan that Afghan soil would not be used against Pakistan.
The border closure, which occurred on September 6, led to a backlog of trucks laden with goods due to clashes between security forces from both countries. Reports indicate that the closure followed clashes between Pakistani and Afghan Taliban forces, prompting local officials to investigate the cause of the confrontation. Torkham border serves as the Primary transit point for travelers and goods moving between Pakistan and landlocked Afghanistan. The closure had severe repercussions, with hundreds of trucks carrying fruits, vegetables, and other goods stranded, resulting in significant financial losses for traders. The disruption also affected the loading of goods at the southern port of Karachi. The border disputes along the 2,600kilometer (1,615-mile) border have remained a long-standing source of contention between the two neighboring countries.
In a separate incident near the Afghan border, Pakistan’s military reported the loss of four soldiers in clashes in Chitral district, with 12 militants also losing their lives. The Pakistani Taliban, or Tehreek-e-Taliban Pakistan (TTP), claimed responsibility, stating that their fighters had engaged in confrontations with security forces in the region over the past two days. The Pakistani military reiterated its call for Afghan Taliban authorities to prevent the use of Afghan territory for militant attacks after the Chitral clashes. The Afghan Taliban, however, maintain that security concerns within Pakistan are an internal issue for Pakistani authorities, denying any involvement in supporting militants. Attacks attributed to the TTP have increased in Pakistan in recent years. While the TTP has pledged allegiance to the Afghan Taliban, it is not directly affiliated with them.