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Centre, PPP join SCBA AS SC reSumeS heAring review PleA AgAinSt 63-A verdiCt Wednesday, 2 October, 2024 I | 27 Rabi ul Awwal, 1446
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Justice Afghan becomes part of five-member bench following Justice Munib's ‘unavailability’
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ISLAMABAD
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SCBA president argues apex court's 2022 verdict was an attempt to re-write constitution
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PTI's lawyer opposes review petition while court to hear remaining lawyers today
STAFF REPORT
HE Supreme Court on Tuesday resumed hearing the review petition against the top court’s 2022 verdict on the defection clause under Article 63-A of the Constitution, with the federal government and the PPP also backed the Supreme Court Bar Association's (SCBA) review plea. In 2022, the top court-led by the then chief justice Umar Ata Bandial had declared that the dissident members of a parliamentary party cannot cast votes against their party's directives and would stand disqualified if he does so. The development comes as a SC larger bench, led by Chief Justice Qazi Faez Isa on Tuesday resumed hearing on the review petition. The newly formed bench comprises Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam Khan Miankhel and Justice Naeem Akhtar Afghan. The existing bench was constituted after Justice Munib Akhtar, on Monday, expressed unavailability from being part of the bench — the reasons for which the latter communicated to the apex court's registrar in multiple letters. A day earlier, CJP Isa had adjourned the hearing due to Justice Munib's absence and said that Justice Munib would
be requested to rejoin the bench, which otherwise, would be reconstituted. At proceedings began on Tuesday, the CJP addressed the bench formation issue and revealed that Justice Munib retained his stance regarding his presence on the bench. On the issue of the judges' committee, the chief justice said that he recommended including Justice Mansoor Ali Shah and that the puisne judge's office was contacted in this regard. However, owing to Justice Mansoor's refusal, the CJP said that they were left with no option but to include Justice Afghan in the bench.
Appearing before the court today, SCBA President Shahzad Shaukat objected to the 2022 verdict saying that there was a presidential reference and petitions under Article 184(3) of the Constitution. "How can the judgment be given by combining both? Only an opinion can be given on a presidential reference and not a decision," responded CJP Isa. Furthermore, the senior lawyer also argued that the apex court's 2022 verdict was an attempt to re-write the constitution. To this, the chief justice remarked: "When the constitution is clear, how can [one] add something to it." In response to the top judge's ques-
tion whether the said judgement provisioned immediate disqualification of a lawmaker if he votes against party lines, the additional attorney general replied in the negative. "No, nothing like that has been said in the judgement," the AAGP noted. When asked who opposed and supported the SCBA's review plea, Pakistan Thereek-e-Insaf's (PTI) Barrister Ali Zafar said that he was against the petition, whereas the federal government and the PPP said that they supported the review request. PPP's lawyer Farooq H Naek said: "The Constitution does not have any provision against counting of [lawmakers'] vote[s]." After hearing the arguments, the chief justice said the court would hear the remaining lawyers tomorrow and adjourned the hearing till Wednesday. PTI lawyer raises concerns over bench formation The hearing began with Barrister Ali Zafar, representing the petitioner, raising objections to the formation of the bench. He expressed concerns about the replacement of Justice Muneeb Akhtar with Justice Naeem Akhtar Afghan in the five-member bench. Chief Justice Isa assured the counsel that his concerns would be heard at a later stage in the proceedings, urging him to proceed with the arguments.
Strong civil-military ties need of hour for stability: Dar
Failure to set up Constitutional court to bring about damaging consequences: Bilawal QUETTA
Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari on Tuesday declared that a Constitutional Court will be established at all costs, warning that failure in this regard would bring about damaging consequences. “Those who do not accept the Constitution should leave politics and law,” PPP Chairman Bilawal Bhutto-Zardari declared while addressing an event organized by the Balochistan Bar Association on Tuesday. During his address, the PPP chairman criticized the current power dynamics in the country, stating that while Parliament drafted the Constitution, governance is controlled by others. “I has no involvement in the political developments happening in Islamabad, but everyone must follow the Constitution”, he emphasized. He questioned, “Do you want decisions to continue while we remain silent?” The PPP Chairman further expressed his opposition to political horse-trading, highlighting his party’s introduction of Article 63-A to eliminate floorcrossing. He also called for further judicial reforms, referencing his father Asif Ali Zardari’s 12.5 years in jail and the injustices suffered by his family. Bilawal also reflected on the oppressive actions faced by PPP workers during dictatorship eras, pointing to the Charter of Democracy signed by Benazir Bhutto and Nawaz Sharif in 2006 as a key step toward restoring the 1973 Constitution. The PPP leader praised the 18th Amendment achieved through this charter but criticized those currently championing the judiciary without understanding its history. He lamented how under Chaudhry’s mindset, the judiciary allowed constitutional amendments by military rulers, remarking that after the judiciary’s “freedom,” only those in uniform were allowed to amend the Constitution.
Ishaq Dar, the Deputy Prime Minister and Foreign Minister, on Tuesday called for strong civil-military ties for national stability, emphasizing the prevailing state of affairs warrants better civil-military relation. In an interview, Dar spoke about the proposed constitutional amendments, claiming that the agenda of constitutional reforms was not new as the Charter of Democracy was signed in 2006. “The points pertaining to judicial reforms were also part of the CoD,” he added. Dar went on to say that the Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and Jamiat Ulema-e-Islam Fazl’s Maulana Fazlur Rehman also agreed to the Charter of Democracy back then. Moving on to the Centre’s efforts to woo the seasonal politician on the proposed constitutional package, the deputy PM said that the government agreed to Fazl’s stance by halting the consultations on the matter. Dar expressed his unawareness
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regarding Irfan Siddiqui’s announcement of a “final date” on the constitutional changes. The government has been pushing the proposed constitutional package amid speculation about a potential extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa, who is set to retire in October this year, following the PTI’s request last month for the early issuance of a notification regarding the appointment of the next top judge. Despite claims of securing the
“magic number” needed to push the bill through, the government failed to table the judiciary-centric amendments — possibly including the establishment of a separate constitutional court — in parliament and postponed its move indefinitely. The ruling coalition left no stone unturned to seek Fazl’s support, with leaderships of the Pakistan Muslim League-Nawaz (PML-N) and the PPP holding a flurry of meetings with the cleric, but to no avail. To pass the constitutional amendments, the government is short of 13 votes in the National Assembly (NA) and nine in the Senate. Speaking about taking PTI into consideration, he said that the government could have engaged in negotiations with the Imran Khan-founded party if they hadn’t been involved in the May 9 riots. Moreover, he stated that the Article 63(A) decision “should be fixed if it was wrong”. The deputy PM further stated that no decision in the PML-N is taken without the permission or consent of party President Nawaz Sharif. “Even PM Shehbaz Sharif follows the directives of Nawaz.”
mitting that after the recent amendments to the NAB law, the accountability court no longer has the authority to hear the reference. They requested that the court return the case to the NAB chairman for reconsideration. The court, in response, asked NAB to submit its reply by October 11. Additionally, the court granted Shehbaz Sharif’s request for a oneday exemption from personal appearance, with his representative Anwar Hussain attending on his behalf.
It is to be noted that on February 18, 2019, NAB filed a reference against Shehbaz Sharif, President of the PML-N, and his son Hamza Shehbaz in the Ramzan Sugar Mills case. The reference named only the two as accused, alleging they illegally constructed a drain for the sugar mill, causing a loss of Rs213 million to the national treasury. NAB’s reference has sought penalties for both Shehbaz and Hamza over the alleged misuse of public funds for personal gains.
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PM Shehbaz, son seek relief under amended NAB Law in Ramzan Sugar Mills Case ISLAMABAD
STAFF REPORT
Prime Minister Shehbaz Sharif and his son, Hamza Shehbaz, on Tuesday sought relief in the Ramzan Sugar Mills reference, requesting the accountability court to declare it outside its jurisdiction under the amended National Accountability Bureau (NAB) law. The legal team for the prime minister and the former Punjab chief minister filed a petition, sub-
tarar warns law to take its course if KP Cm dares to attack islamabad ISLAMABAD
STAFF REPORT
Federal Minister for Information Attaullah Tarar on Tuesday warned Khyber-Pakhtunkhwa’s Chief Minister Ali Amin Gandapur against marching on the federal capital, stating that any such action would prompt a stern legal response. Addressing a presser in Islamabad, the information minister criticised Gandapur’s intentions to bring a “revolution” against the central government. He said, “If the KP chief minister plans to attack the federal government using state resources, the law will respond swiftly. A revolution doesn’t come with ministers, convoys of official vehicles, and government employees.” The information minister emphasised that Gandapur’s threats to march on Islamabad with state resources were unacceptable and warned that such actions would sabotage the country’s recent economic improvements. “They want to destabilise the country. If they want to bring about a revolution, let them do so in the fields of education and healthcare in K-P,” he remarked. Tarar praises Prime Minister’s UN visit Tarar also praised Prime Minister Shehbaz Sharif’s recent visit to the United States for the United Nations General Assembly, which was lauded internationally. He highlighted how Pakistan’s delegation boycotted the Israeli Prime Minister’s speech, setting an example for other nations who followed suit. “The hall was nearly empty during the Israeli Prime Minister’s speech, and it was our Prime Minister’s leadership that sparked the walkout,” he noted. Tarar further mentioned that Palestinian President Mahmoud Abbas expressed gratitude for Pakistan’s support, calling Sharif “a brother to the Palestinian people.” Economic progress and international recognition The information minister also shared positive news on Pakistan’s economic progress, stating that inflation had dropped to 6.9%, and the World Bank had praised Pakistan’s economic policies. “Even Turkey’s president commended Pakistan’s improving economy at the UN,” Tarar added. He reiterated that the PTI’s attempts to destabilise the country were not in line with the economic improvements that Pakistan has achieved. “The world is now recognising our economic policies, and we will not allow anyone to derail this progress,” he stated.
ji, Pti announce to hold joint protest on october 7 ISLAMABAD
STAFF REPORT
In a meeting held in Islamabad, Jamaat-e-Islami (JI) chief Hafiz Naeemur Rehman met with PTI Chairman Barrister Gohar Ali Khan, where the two parties announced a joint protest to be held on October 7. The primary agenda of the meeting was to seek cooperation from all political parties on the current Middle East crisis, particularly Israel’s escalating aggression and recent actions in Lebanon. Rehman expressed deep concern over Israel’s increasing hostilities in the region, stressing the need for unity on the issue of Palestine. “Regardless of our differences, we must come together for the cause of Palestine. Our relationship with Palestine is longstanding,” he said. He also noted that PTI, as one of Pakistan’s largest political parties, would join JI in protests scheduled for October 7, with demonstrations to be held across various parts of Pakistan. PTI Chairman Barrister Gohar Ali Khan stated, “A delegation from Jamaat-e-Islami visited us today, and we discussed several issues. No amendments should be made in secrecy, and we will present a united front to the public.” He further commended JI’s ongoing efforts for Gaza, noting that the issue is a global concern and affirming that both parties will continue these discussions moving forward.
Iran fires ballistic missiles at Israel amid escalating Middle East tensions TEL AVIV
AGENCIES
The Israeli military confirmed on Tuesday that missiles had been launched from Iran towards Israel, prompting the country’s Home Front Command to issue life-saving guidelines for residents across multiple regions. Dozens of explosions boomed across Jerusalem on Tuesday night as air raid sirens rang out, AFP journalists reported. “A short while ago, missiles were launched from Iran towards the State of Israel,” the military said in a statement. It said sirens were sounded across Israel, including in Jerusalem. Iran’s Revolutionary Guards said they
launched tens of missiles toward Israel and warned that if Israel retaliated Tehran’s response would be “more crushing and ruinous”, Iranian state TV reported. Earlier, Israel had warned of a potential widespread missile attack from Iran following ground raids by Israeli forces into Lebanon and aerial bombardments targeting Hezbollah positions. This marks Israel’s first ground campaign in Lebanon in 18 years, setting the stage for direct conflict with Hezbollah, Iran’s most powerful proxy in the Middle East. “This is the most significant escalation since last year’s Gaza conflict,” said Rear Admiral Daniel Hagari, Israel’s military spokesman. He added that Iran’s missile
strikes are expected to be on a large scale. “We urge everyone to heed the warnings and take shelter immediately.” The Israeli airstrikes over recent weeks have targeted Hezbollah’s leadership, reportedly killing many top commanders. More than a thousand Lebanese civilians have been killed, with over a million displaced from their homes. Iran, which backs Hezbollah, has vowed retaliation against Israel, raising concerns that the conflict could spill over into neighbouring countries. Despite efforts by the United States to contain the violence, fears of a regional war are mounting as tensions rise. Hypersonic ‘Fattah’ missiles used Iran’s Revolutionary Guards said they
used hypersonic ‘Fattah’ missiles ‘for the first time’ in attack on Israel, Iranian state TV reported. Meanwhile, United States President Joe Biden has convened national security meeting to discuss Iranian missile attack against Israel. “We discussed how the United States is prepared to help Israel defend against these attacks, and protect American personnel in the region,” Biden said in a statement on X. Israel military says Iran attack will have consequences Iran’s missile attack on Tuesday was serious and will have consequences, Israel’s military spokesman said, declining to specify how and when Israel would respond. Rear Admiral Daniel Hagari said he was
not aware of any casualties from the missile volley. He said there were a few hits in the centre of the country and in the south. Israel military vows ‘powerful strikes’ tonight throughout the region Israeli media cited Israel’s military as saying on Tuesday that the air force will continue conducting “powerful strikes” tonight throughout the Middle East, hours after Iran launched a salvo of ballistic missiles at Israel. Biden directed the US military to aid Israel’s defence: White House President Joe Biden has directed the US military to aid Israel’s defence against Iranian attacks and shoot down missiles targeting Israel, the White House National Security Council said.