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‘Defectors votes to be counteD’: sc annuls its 2022 ruling on Defection clause of 63-a Friday, 4 October, 2024 I | 29 Rabi ul Awwal, 1446
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CJP-led five-member bench announces unanimous decision, admitting pleas for review of Article 63-A verdict
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ISLAMABAD
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g PPP’s counsel argues in favour Barrister Zafar announces boycott of proceedings, saying PTI founder deems of floor crossing, saying it is constitution of bench is not right allowed in UK, US and Canada
STAFF REPORT
HE Supreme Court (SC) on Thursday struck down its 2022 verdict related to the defection clause under Article 63-A of the Constitution and admitted the review petitions for hearing. The five-member bench larger bench, led by Chief Justice Qazi Faez Isa, announced the short order after hearing parties and admitted pleas for review. The top court, in its May 17, 2022 verdict, had declared that votes cast against the parliamentary party lines in four instances outlined in Article 63-A should not be counted, including – the election of prime minister and chief minister; a vote of confidence or no-confidence; a Constitution amendment bill; and budget. It had also set penalty for violating Article 63-A as disqualification from the National Assembly and the vacation of the defecting lawmaker’s seat. The 2022 response to the presidential reference filed by then-president Arif Alvi was a
3-2 split decision, with then-CJP Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar being the majority verdict authors. Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail were the dissenting judges, who had said that any
SC dismisses objections raised by PTI to bench formation ISLAMABAD
STAFF REPORT
The five-member larger bench of the Supreme Court of Pakistan on Thursday dismissed objections raised by the PTI legal team, stating that the chief justice cannot compel any judge to sit on a bench and found the objections to be legally unjustified. Addressing the late filing of the review petition, the court clarified that the petition was submitted 21 days before the detailed decision was issued, dismissing PTI’s concerns. PTI’s lawyer Barrister Ali Zafar
had also questioned the formation of the bench, objecting to the inclusion of certain judges. The Supreme Court maintained that bench formation follows legal protocols and emphasised that Justice Mansoor Ali Shah had voluntarily excused himself, leading to Justice Naeem Akhtar Afghan’s inclusion. The court further addressed PTI’s claim that the review petition was heard out of turn, stating that the petition was correctly scheduled and that opposition to its timing lacked support from the Additional Attorney General and Farooq H. Naek, with
naqvi warns Pti against staging protest at D-chowk ISLAMABAD
STAFF REPORT
Interior Minister Mohsin Naqvi has warned of a strict action against those who launch an “onslaught on Islamabad” as the Pakistan Tehreek-e-Insaf (PTI) plans to stage a demonstration at the federal capital’s famous DChowk area on Friday (today). Amid its anti-government campaign, the former ruling party — founded by Imran Khan — is holding protests for the “independence” of the judiciary and the release of the former prime minister from jail. The protest will coincide with the final day of the Malaysian prime minister’s visit to Pakistan and the upcoming Shanghai Cooperation Organisation (SCO) summit . The authorities have already enforced Section 144 and “the Peaceful Assembly and Public Order Act, 2024”, regulating holding of public assemblies at certain places in Islamabad. “The PTI’s top leadership should review its protest call […] No one will be allowed for an onrush on Islamabad,” the security czar said while addressing a presser along with officials of the federal police. The interior minister said Section 144 was already in place in Islamabad, warning that the authorities were prepared to deal with any potential protests. The foreign delegations including from China and Saudi Arabia would be arriving in the federal capital, the minister said adding that the upcoming SCO summit, scheduled for October 15 and 16 in Islamabad, is of utmost importance for the country. “Paramilitary forces, army and Rangers have been called in. We have to ensure security in the [federal capital],” he added.
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further interpretation of Article 63-A would amount to “rewriting or reading into the Constitution”. The Supreme Court Bar Association (SCBA) — the petitioner in the case — had also contended the same. The top court’s ruling means that in any
Ali Zafar being the sole objector. Additionally, the court clarified the role of the President in filing references, stating that as a symbol of national unity, the President is not required to issue notices to every citizen when filing a reference, thus outlining the legal process. Regarding bench formation, the Supreme Court reiterated that while the chief justice oversees bench formation, he is not legally obligated to explain his decisions. In this case, the chief justice voluntarily issued a clarifying statement despite no legal requirement.
future legislation, the ballots of lawmakers who vote against party policy will be counted. The five-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and also including Justices Naeem Akhtar Afghan, Aminuddin Khan, Jamal Khan Mandokhail, and Mazhar Alam Khan Miankhel — resumed hearing on Thursday the review plea filed by the Supreme Court Bar Association (SCBA), back by the federal government and the PPP against the 2022 ruling. As the proceedings commenced, the CJP inquired Zafar if he was able to meet Imran as per the court’s directives, to which the lawyer replied in the affirmative. “Yes, I met him yesterday but it was not in private. There were jail authorities present during the meeting,” Zafar lamented. He stated that Imran wanted to speak before the court himself and present his arguments via video link. “Okay, let’s move forward. You may present your arguments,” the chief justice said, addressing Zafar, who replied that Imran be allowed to put forward his contentions first. “Ali Zafar sahib, you are a senior lawyer and a senator as well. You know how court proceedings work,” Justice Isa noted.
Three Islamabad bar associations vow to resist ‘constitutional changes’ ISLAMABAD
STAFF REPORT
Islamabad’s three major bar associations have rejected the recent constitutional amendments and announced to vehemently resist all such move aim to tame the judiciary. The Islamabad High Court Bar Association (IHCBA), Islamabad District Bar Association (IDBA), and the Islamabad Bar Council (IBA), in a joint press conference, declared that they will not only oppose the amendments but will actively work to prevent them from
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being implemented. Addressing the press conference, Islamabad Bar Council’s Ali Imran Abbasi, along with other senior members, expressed concerns over the amendments, claiming they were designed to serve specific individuals and political parties. He further added that the amendments would undermine the judiciary, reducing the Supreme Court’s powers to those of a session judge. Abbasi pointed out that recent amendments aimed at curbing judicial independence by dismissing judges who opposed certain politi-
Alvi accuses CJP Isa of fostering floor-crossing to prolong tenure
cal agendas. The bar associations also demanded the Supreme Court Bar Association withdraw its review petition of Article 63A, accusing the Chief Justice of playing a facilitator’s role in passing these amendments. The lawyers claimed that a path was being paved for politically compliant judges, leaving no room for those with independent consciences. The lawyers also announced an All Pakistan Lawyers Convention, scheduled for 7 October, to rally support against the amendments.
atc upholds non-bailable warrants for KP cM, former Punjab deputy speaker ISLAMABAD
LAHORE
STAFF REPORT
STAFF REPORT
Former president and Pakistan Tehreek-e-Insaf (PTI) leader Dr Arif Alvi has accused Chief Justice of Pakistan Qazi Faez Isa of creating an atmosphere conducive to floor-crossing, driven by a “lust” to extend his tenure. Alvi likened Isa’s actions to those of the current government, which he alleged is “ruining the Constitution for its survival.” “I have never seen a chief justice like Faez Isa in my life,” Alvi said while speaking to reporters at the Anti-Terrorism Court, where he met with PTI lawmakers arrested in connection with the May 9 riots following the arrest of PTI founder Imran Khan. Alvi went on to criticise the chief justice, stating, “He has damaged the country more than Justice Munir,” referencing the controversial former judge who was criticised for judicial overreach in the 1950s. The former president expressed concern over what he de-
The PTI senator then stated that Imran had objections against the bench. “If the permission for the PTI founder to appear via video link is not granted, then he has told me to state a few things before the court,” Zafar said. The lawyer insisted that he has to work according to the directions of his client, at which the top judge remarked, “You are not only your client’s counsel but also an officer of the court.” Justice Mandokhail also recalled: “We have also been lawyers [but] we did not listen to every directive of our client. We only followed what was as per the law.” Here, CJP Isa observed that five minutes had been “wasted” over the issue, at which Zafar said he would be done with his argument and out of the courtroom in seven minutes. “Very good, we also want the same,” the CJP quipped. Zafar then pointed out that the government wanted to bring some amendments, referring to the proposed constitutional package for which the ruling coalition is trying to garner the required support after a failed first attempt to introduce its draft in the parliament.
scribed as a “bazar of cruelty,” claiming that the CJP had opened “a market for buying and selling people, like how slaves were once sold in America.” Alvi also questioned the timing of the invocation of Article 63-A, which deals with defection, claiming it was unnecessary and only served to prolong Faez Isa’s tenure. He stressed the need for judicial reforms in the lower courts to provide justice to the public, instead of what he saw as efforts to extend each other’s tenures. Regarding PTI’s rallies, Alvi
said that the police were solely responsible for the violence and chaos at the rallies. “PTI’s rallies are peaceful; it’s the police who create anarchy,” he stated. When asked about the ongoing situation in Gaza and Palestine, Alvi thanked Iran for its response to Israel and urged Muslim countries not to forget the plight of Muslims in Gaza, Palestine, and Kashmir. “Israel is acting like a hooligan, and Muslims must stand united. Quaid-e-Azam’s vision was for a single state with a Palestinian majority,” he said.
An Anti-Terrorism Court (ATC) on Thursday maintained the non-bailable arrest warrants of Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur and former Punjab Assembly deputy speaker Wasiq Qayyum Abbasi in a terrorism case registered by the Islamabad Police. ATC Judge Tahir Abbas Sapra heard the case against the accused. The court maintained the non-bailable arrest warrants of the accused over again skipping the appearance before it. During the hearing, the lawyer presented the request of former provincial minister Rashid Hafeez seeking exemption from attendance, which was approved by the court. The case was then adjourned till October 21. It may be mentioned that the court had already initiated procedure to declare former member of the provincial assembly Umar Tanveer Butt an absconder in the case. The case has been registered by I-9 Police Station, Islamabad.
PM Shehbaz, Malaysian counterpart Pakistan and Malaysia sign four vow to enhance bilateral cooperation key MoUs to boost trade relations ISLAMABAD
STAFF REPORT
Prime Minister Shehbaz Sharif and his Malaysian counterpart Anwar Ibrahim met in Islamabad on Thursday, vowing to enhance cooperation between their countries, Radio Pakistan reported. PM Ibrahim arrived in Islamabad on Wednesday night on a three-day official visit at the invitation of PM Shehbaz. The two leaders’ meeting covered a wide range of bilateral, regional and international issues of mutual interest, including issues faced by the Muslim community. The premiers discussed mechanisms to enhance bilateral cooperation to achieve concrete results in different sectors, Radio Pakistan stated.
Shehbaz also praised Malaysia’s development, suggesting it as a model for other Muslim countries due to its success in attracting foreign direct investment and boosting exports. According to Radio Pakistan, both premiers reaffirmed their commitment to strengthen mutually beneficial partnerships, noting the history of cooperation between their countries. They emphasised the importance of dialogue and exchanges of visits, as well as underlined the importance of the Joint Ministerial Commission, bilateral consultations and other mechanisms to enhance engagement in the future. PM Ibrahim stated that both countries had reached significant agreements, with followup discussions planned at the upcoming joint commission meeting in Kuala Lumpur to en-
sure swift implementation. He announced the opening of a Malaysian trade office in Karachi to bolster economic cooperation. He also expressed Malaysia’s interest in hiring more skilled labour, particularly in sectors like IT, artificial intelligence, and semiconductors, identifying Pakistan as a potential source of this talent. Additionally, he confirmed Malaysia’s commitment to importing 100,000 tonnes of Basmati rice from Pakistan. He praised PM Shehbaz’s address at the UN General Assembly for effectively advocating for Gaza and commended Pakistan’s firm stance against Israel’s aggression. He further remarked that the current violence in Gaza and Lebanon was not simply a conflict between two nations but a violation of international norms, criticising the global community's inaction.
PROFIT
GHULAM ABBAS
Pakistan and Malaysia have taken a major step toward strengthening bilateral trade ties with the signing of four key Memorandums of Understanding (MoUs). Federal Minister for Commerce, Jam Kamal Khan, oversaw the signing ceremony, which took place in Islamabad, marking a significant development in economic cooperation between the two countries. As per details among the agreements, Fauji Meat Limited and NSK signed a Letter of Intent (LOI) for a profit-sharing partnership, aimed at the distribution, wholesale, and retail of meat products, expanding Pakistan’s meat export footprint. Additionally, Gobi VC Investment Fund
pledged an initial $300,000 investment in Qistbazar, with plans to establish a $50 million fund to support and scale Pakistani startups in the coming years. In a separate MoU, SNA Equity committed to investing $5 million in Gamalux Pakistan, with a total investment target of $15 million by 2026. This investment will support Pakistan’s growth in the textile and recycling sectors. Furthermore, the Business Councils of Pakistan and Malaysia inked an MoU to promote enhanced cooperation in the halal trade, capitalizing on the growing global demand for halal products. These agreements signal a robust partnership aimed at boosting trade, investment, and economic growth, while also fostering deeper business ties between the two nations.