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REJECTED DRAFT AMENDS DUE TO CONCERNS OVER EXPANDED MILITARY ROLE: FAZL Saturday, 21 September, 2024 I | 16 Rabi ul Awwal, 1446
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Warns if balance of power between institutions not maintained, it could lead to country’s destruction
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Military’s involvement in polls and efforts to bring govt of its choice have weakened country: JUI-F chief
Bilawal vows to move forward with constitutional amendments sans JUI-F ISLAMABAD
STAFF REPORT
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MULTAN STAFF REPORT
Ulema-e-Islam-Fazl AMIAT (JUI-F) Chief Maulana Fazlur Rehman on Friday said he rejected the government’s proposed constitutional amendments, which is limiting fundamental rights and expanding the military’s role. “The draft includes provisions that could significantly impact the judiciary, allowing the government to transfer judges or reassign cases if a decision is unfavourable. This would undermine the system, even affecting High Court judges,” the JUI-F chief stated while speaking to the media in Multan on Friday. Fazl revealed that the government’s proposal sought to establish a Federal Constitutional Court and had initially included provisions for extending judges’ tenure and increasing the number of judges. However, the government later withdrew these suggestions but retained the idea of creating the new court. “We told the government that this is merely a headline; show us the actual draft
first, and then we will discuss,” he said. The JUI-F chief disclosed that the government was initially reluctant to share the draft with his party, even though a copy had been provided to the Pakistan People’s Party (PPP). “Eventually, they gave us a copy, but I cannot say for sure whether both copies are identical. We do not know if there have been additions or subtractions in the new version,” he remarked. After legal experts reviewed the draft, Fazl expressed disappointment, stating that while the Constitution protects every citizen’s rights, the proposed amendments grant exemptions to the military and restrict the scope of fundamental rights. Fazl also voiced his concern over the growing trend of exchanging interests in politics, which he believes has become the norm. “We have always conducted politics based on principles and for the nation, rejecting all proposals that were against human rights or only served to protect the government,” he stated. The JUI-F chief acknowledged that the idea of a Federal Constitutional
Will turn Lahore rally into a protest if govt refuses permission: Imran RAWALPINDI
STAFF REPORT
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Despite total refusal by Jamiat Ulemae-Islam (JUI-F) chief Maulana Fazlur Rehman to support the government proposed Constitutional package, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari has reaffirmed his commitment to advancing constitutional amendments, even if efforts to secure support from Maulana Fazlur Rehman’s Jamiat Ulema-eIslam Fazl (JUI-F) fall short. This comes after Bilawal had earlier stressed that such amendments would not be possible without JUI-F’s backing. In an interview with a private TV channel on Friday evening, Bilawal highlighted the importance of consensus-building with JUI-F to move forward with the proposed constitutional reforms. “We want everyone on board for these amendments,” he said. “In our meeting with Maulana Fazlur Rehman, we made efforts to reach an agreement. However, if that doesn’t
Court is included in the Charter of Democracy, given the Supreme Court’s current backlog of 60,000 cases and the overall 2.4 million pending cases across the country. However, he pointed out that when the draft was handed to them, the government did not have the majority to pass it, and the approval hinged on JUIF’s support. “We made it clear that we are not satisfied and cannot support this draft,” he asserted. Fazl mentioned that the PPP Chairman met with him, and they agreed to draft their own versions of the amend-
happen, we will still work to gather the necessary numbers.” Bhutto-Zardari explained that the concept of constitutional courts is rooted in the Charter of Democracy, a historic agreement between the PPP and the PML-N. He underlined the necessity of judicial reforms, calling them long overdue. “For these reforms to be meaningful, it’s essential to listen to all perspectives. Judicial reforms are crucial and should have been undertaken much earlier,” he added. “This is not just about the PTI; every president and prime minister has talked about the need for judicial reforms. The creation of constitutional courts has no direct connection to any particular individual or party.” He also took aim at Pakistan Tehreek-e-Insaf (PTI), criticising its leader Imran Khan for focusing solely on personal interests. “The PTI seems intent on halting both the judicial system and parliament itself,” BhuttoZardari remarked. “Their leader needs to think beyond his own concerns.”
ments, which would then be shared with each other to reach a consensus. “Legislation is the job of parliament, and we will not tolerate any restrictions on this. However, if the balance of power between institutions is not maintained, it could lead to the country’s destruction,” he warned. He emphasised that every institution should operate within its constitutional limits. “If institutions work within their boundaries, everything will proceed smoothly; otherwise, the country will weaken,” Fazl said.
Six soldiers martyred, 12 terrorists killed in North, South Waziristan operations: ISPR RAWALPINDI
STAFF REPORT
Incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan on Friday warned that if the government refused permission to the party for the Lahore rally then "we will turn the rally into a protest." During informal conversation with journalists at Adiala jail on Friday, the former premier said, "If the rally is stopped, the entire nation will protest at Minar-ePakistan". "For a year and a half, rallies have not been allowed in Lahore. Destroying democracy means ending freedom, and having a rally is our constitutional right," the PTI chairperson noted. The PTI founder alleged the PTI's rally at Minar-ePakistan is "aimed at protecting democracy and freedom", and is endorsed by the Supreme Court, but is being blocked once again. "Despite the guarantee, containers were placed and obstacles set up at the Islamabad rally". "Has anyone in the world ever given time to end a rally? We were deceived regarding the Islamabad rally," the PTI leader questioned. "If the Deputy Commissioner of Lahore does not permit the rally, we will protest at Minar-e-Pakistan," he stated. The PTI founder alleged that even during Musharraf's martial law era, the media and political rallies were not banned from expression. "Musharraf's election was free and fair compared to theirs, and he also did not impose bans on the media and rallies". Speaking more on permission regarding rallies, he said, "Whatever their requests are, they are being heard, and ours are being rejected".
Six soldiers embraced martyrdom while 12 terrorists were killed during fire exchange with security forces during two operations in North and South Waziristan districts of Khyber Pakhtunkhwa (KP), the military’s media wing said on Friday. According to a statement from the Inter-Services Public Relations (ISPR), the security forces on Thursday detected the movement of seven terrorists trying to infiltrate the Pakistan-Afghanistan border in North Waziristan’s Spinwam area. “The infiltrators were surrounded, effectively engaged and after an intense fire exchange, all seven khawarij were sent to hell,” the ISPR said, adding that a large quantity of weapons, ammunition, and explosives was also recovered from the slain terrorists. In a separate incident, a group of terrorists attacked a security forces checkpoint in South Waziristan’s Ladha area, the statement added. “Own troops fought bravely,
foiling the attempts of intrusion, and killed five khawarij,” the statement said. “However, during an intense exchange of fire, six brave sons of the soil, having fought gallantly, paid the ultimate sacrifice and embraced shahadat.” The statement said that sanitisation operations were being conducted to eliminate any other khariji present in the area as security forces were determined to eliminate the “menace of terror-
ism” from the country. “Such sacrifices of our brave soldiers further strengthen our resolve,” the ISPR said. On September 6, four terrorists were killed when they tried to attack the Frontier Corps headquarters in KP’s Mohmand district. In August, three soldiers were martyred and five terrorists were killed after security forces foiled an infiltration attempt at the PakistanAfghanistan border in the province’s Bajaur district.
NA Secretariat deprives PTI of seats, declares its MNAs as SIC members ISLAMABAD
STAFF REPORT
The National Assembly Secretariat on Friday annihilated the Pakistan Tehreek-e-Insaf (PTI) in its updated list party positions in the Parliament’s Lower House on the basis of Election Amendment Act, showing 80 PTI MNAs as part of the Sunni Ittehad Council (SIC). According to a National Assembly Secretariat notification, “All 80 members of the PTI are members of the Sunni Ittehad Council (SIC).” Earlier, on the orders of the Supreme Court, 39 parliamentarians have been declared as members of the PTI and 41 of the SIC. It may be noted that a day ago, the National Assembly speaker wrote a letter to the Election Commission (ECP) giving reference to the Election Amendment Act. The assembly secretariat acted in haste without waiting for the ECP reply and issued a new party position. In July, the apex court declared the PTI eligible for reserved seats for women and minorities in the national and provincial assemblies and The SC dealt a further major blow to the PML-N-led coalition government on Saturday, as it reprimanded the Election Commission of Pakistan (ECP) for not implementing its July 12 judgement, further complicating the Shehbaz Sharifled administration’s efforts to secure the required numbers to pass a controversial Constitutional Package related to the judiciary. The SC clarified that as per the position, 41 returned candidates, out of a total of 80 MNAs, would remain members of the PTI and, consequently, members of the PTI’s parliamentary party in both the national and provincial assemblies, for all constitutional and legal purposes. The ECP had already notified 39 of the lawmakers as PTI MNAs but was undecided on the remaining 41. The list from the NA Secretariat issued on September 18 (Wednesday), reflects the “actual party position” after the July 12 verdict showed the 80 MNAs to be part of the SIC. The list showed eight seats for PTI-backed independents. It said that there were a total of 336 seats in the NA with 313 lawmakers and 23 vacant or disputed seats that were to be allocated to the PTI. The disputed seats were originally allotted to the PML-N, PPP, and the Jamiat Ulema-i-Islam-Fazl (JUI-F) after the ECP ruling in March that the SIC was not entitled to claim reserved seats. Meanwhile, the positions for the other parties are as follows: PML-N (110), PPP (69), Muttahida Qaumi Movement-Pakistan (22), JUI-F (8), Pakistan Muslim League-Quaid (5), Istehkam-i-Pakistan Party (4) and one each for the Pakistan Muslim League-Zia, Balochistan Awami Party, National Party, Pashtunkhwa Milli Awami Party, Balochistan National Party-Mengal and Majlis Wahdat-i-Muslimeen. The list by the NA Secretariat surfaced a day after NA Speaker Sardar Ayaz Sadiq wrote a letter to the ECP, stating that the judgment on reserved seats “cannot be implemented under the Amended Election Act, 2017”. Sadiq had urged the body to honour laws made by parliament, insisting that the amended Elections Act prevents independent lawmakers from switching parties. He had alleged that the Supreme Court’s July 12 ruling enabled a candidate to switch political parties and argued that this went against the amended Elections Act, which he said now has overriding authority. The ECP has remained undecided on the implementation of SC’s verdict and held a meeting to deliberate on the apex court’s judgment and its September 14 order in response to the clarification sought by the commission, sources had told Dawn. It will be interesting that in case of implementation of the Election Act, 23 reserved seats will be distributed among the PML-N, the PPP and the JUI-F. Keeping in mind the number of elected members, 15 reserved seats will be given to the PML-N, five to the PPP and three to the JUI-F.
President nods assent to Supreme Court Practice and Procedure Amendment Ord ISLAMABAD
STAFF REPORT
Following approval by the federal cabinet, President Asif Ali Zardari on Friday approved the Supreme Court (Practice and Procedure) Amendment Ordinance 2024. Earlier, the cabinet chaired by Prime Minister Shehbaz Sharif, gave the much-debated ordinance the thumbs-up. The federal cabinet adopted the ordinance “through a circulation” after the Ministry of Law had sent it to the prime minister and cabinet Thursday night. The ordinance said the court bench would look at the cases keeping in view the fundamental human rights and public importance. As per the ordinance, each case will be heard on its turn otherwise reason will be furnished for its taking out of turn. “Each case and appeal will be recorded and its transcript will be prepared, which will be available to the public,” it also stated. Earlier, sources told The News that the ordinance would give the Chief Justice of
Pakistan (CJP) additional power to appoint cases. The top judge would have the authority to nominate a judge as a member of a committee, if a member of the committee is absent, they said. According to the Practice and Procedure Act, a three-member committee constitutes the benches. The sources had apprised the publication that the law ministry had prepared the amendment ordinance and forwarded it to the cabinet for approval. Sub-clause 1 of the Act’s Section 2 has been incorporated in the law, according to which the Practice and Procedure Act Committee will fix the cases for hearing. The body will comprise the chief justice, the most senior judge and the judge nominated by the chief justice. The ordinance also includes an amendment in Section 3 of the Act. What is Supreme Court (Practice and Procedure) Act 2023? The Pakistan Democratic Movement (PDM) passed the Supreme Court (Practice and Procedure) Act 2023, during the last
days of its government to regulate the chief justice’s powers. But they met a setback as even before the law was enacted on April 21, 2023, an eight-member bench constituted by then-CJP Umar Ata Bandial issued a stay order on it on April 13, 2023. The law gave the power of taking sou motu notice to a three-member committee comprising senior judges including the chief justice. It further aimed to have transparent proceedings in the apex court and includes the right to appeal. Regarding the constitution of benches, the law stated that every cause, matter or appeal before the apex court would be heard and disposed of by a bench constituted by a committee comprising the CJP and the two senior-most judges. It added that the decisions of the committee would be taken by a majority. Regarding exercising the apex court’s original jurisdiction, the Act stated that any matter invoking the use of Article 184(3) would first be placed before the committee.
On matters where the interpretation of the Constitution is required, the Act stated the committee would compose a bench comprising no less than five apex court judges. About appeals for any verdict by an apex
court bench that exercised Article 184(3)’s jurisdiction, the Act said that the appeal would lie within 30 days of the bench’s order to a larger SC bench. It added that the appeal would be fixed for hearing within a period not exceeding 14 days.