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PARLIAMENTARY COMMITTEE PICKS JUSTICE AFRIDI AS NEXT CJP AMID PTI BOYCOTT Wednesday, 23 October, 2024 I | 19 Rabi ul Sani, 1446
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Rs 20.00 | Vol XV No 106 I 8 Pages I Lahore Edition
With a two-third majority, Justice Yahya g Defence Minister says two-third of nine Afridi’s nomination has been sent to committee members decided in favour of prime minister: Law Minister Tarar Justice Afridi after a ‘very good discussion’ SPC comprises eight MNAs and four senators nominated by parliamentary leaders of political parties based on their strength in parliament
PTI, SIC boycott proceedings of parliamentary committee
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ISLAMABAD STAFF REPORT
HE newly-constituted Special Parliamentary Committee (SPC) nominated Justice Yahya Afridi as the next chief justice of Pakistan amid the Pakistan Tehreeke-Insaf’s (PTI) boycott of the committee meeting, announced by Law Minister Azam Nazeer Tarar Tuesday night. After the passage of 26th Constitutional Amendment, the committee was constituted to nominate the next CJP from among the three senior most judges of the Supreme Court judges. The two other judges in contention were Justice Mansoor Ali Shah and Justice Munib Akhtar. The members of both the PTI and Sunni Ittehad Council abstained from the SPC meeting.
Speaking to reporters after the meeting, Law Minister Tarar said: “With a two-third majority, Justice Yahya Afridi’s nomination has been sent to the prime minister.” Elaborating further while speaking in an interview to a private TV channel, Defence Minister Khawaja Asif said two-third of the nine committee members present had decided in favour of Justice Afridi after a “very good discussion”. He maintained that all three judges under consideration were respectable individuals and hoped that any fissures in the judiciary would now come to an end. CJP Qazi Faez Isa is set to retire as the top judge on October 25. Justice Shah was previously set to be the next CJP under the seniority principle. Elevated to the apex court in June 2018, Justice Afridi will become the 30th
PTI serves show cause notice on lawmakers for ‘defying’ party policy ISLAMABAD
STAFF REPORT
Pakistan Tehreek-e-Insaf (PTI) on Tuesday served show-cause notices on its lawmakers for allegedly defying the party line during voting for the 26th constitutional amendment. The PTI served show-cause notices on its lawmakers, including Zain Qureshi, Aslam Ghuman, Muqdad Ali Khan and Riyaz Fatiana, directing them to submit a reply for showing indiscipline by violating the party’s discipline. The notice read that the government had planned to ‘attack’ the independence of the judiciary by introducing constitutional amendments. “All PTI MNAs and Senators were directed not to support the constitution amendment bill,” the notice read. It added that all PTI senators and MNAs were instructed not to vote on the amendments and to stay in a safe and designated place and all members were bound to follow the instructions of the party. Earlier, PTI MNA Zain Qureshi that he chose to go into hiding on advice of his father Shah Mehmood Qureshi. In a video statement, Zain revealed that he was ordered to disappear by his father Shah Mehmood Qureshi. “I could never think of voting for this constitutional amendment,” Zain stated, debunking reports of him supporting the tweaks. He labeled these claims “baseless propaganda. Zain further explained that his father summoned him to Lahore, where he remains imprisoned in a different case. According to Zain, his father insisted against approving the constitutional amendment in any case. “Misleading propaganda is being spread against me regarding my support for the constitutional amendment,” he said.
ISLAMABAD: Pakistan Tehreek-eInsaf Chairman Barrister Gohar Khan on Tuesday declared that the party’s political committee decided it would not participate in the meeting of the parliamentary committee tasked with the appointment of the new Chief Justice of Pakistan. PTI’s Barrister Gohar Ali Khan, Barrister Ali Zafar, and SIC chief Sahibzada Hamid Raza abstained from the committee’s meeting. Earlier in the day, speaking to the media outside the Islamabad High Court that the PTI had submitted names to the speaker for the parliamentary committee before its political committee decided to boycott proceedings. The decision was conveyed after a meeting between members of the parliamentary subcommittee and representatives from the PTI-SIC, held in the speaker’s chamber on Tuesday. Despite efforts by the committee, including National Assembly Speaker
Sardar Ayaz Sadiq, to convince the PTI members to attend, Barrister Gohar Ali Khan confirmed that their political committee had decided to abstain from the proceedings. “We have made our decision. We will not be part of this committee’s meetings,” Gohar Ali Khan stated, following discussions in Speaker Sadiq’s office. Later, Barrister Gohar said that “The political committee’s decision is the party’s decision, we didn’t differentiate that these are our judges and those are theirs. However, as per the law, the senior most should be appointed.” PTI Central Information Secretary Waqas Akram earlier announced in a post on X that the party’s political committee decided it would not participate in the meeting. In a statement on X, PTI leader Zulfi Bukhari said: “Of course, we will not be part of any parliamentary committee. STAFF REPORT
CJP. In December 2016, he took oath as the youngest chief justice of the Peshawar High Court (PHC). Born on January 23, 1965, Justice Afridi hails from KP’s Kohat Region. He
also has the distinction of becoming the first chief justice of the high court from the erstwhile Federally Administered Tribal Areas (Fata).
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Pakistan, India renew Kartarpur agreement for visa-free travel of Sikh yatrees ISLAMABAD
STAFF REPORT
Pakistan and India renewed the agreement for another five years to allow Indian Sikh yatrees to visit Gurudwara Kartarpur via visa-free corridor. The foreign office announced here on Tuesday the renewal of the agreement, which was originally signed on October 24, 2019 for a five-year term and was due to expire its initial duration on October 24, 2024. “The Government of Pakistan has announced the renewal of the Agreement between the Republic of India and the Government of the Islamic Republic of Pakistan for
the facilitation of pilgrims to visit Gurudwara Darbar Sahib Kartarpur, Narowal, Pakistan for an additional period of five years,” read a foreign office statement. “Agreement’s renewal underscores Pakistan’s enduring commitment to fostering interfaith harmony and peaceful coexistence,” it added. The agreement continues to offer visa-free access to pilgrims from India enabling them to visit the sacred site of Gurudwara Darbar Sahib Kartarpur, where Baba Guru Nanak, the revered founder of Sikhism, spent his final days. Since its inception, the corridor has facilitated the pilgrimage of thousands of worshippers to this holy site.
“The Kartarpur Corridor fulfills the long-cherished aspirations of the Sikh community for an access to one of their most revered religious landmarks,” the foreign office said. The foreign office said it reflected Pakistan’s recognition of the importance of safeguarding the rights of religious minorities. The Kartarpur initiative was the first visa-free corridor established between Pakistan and India. Earlier, Sikh Yatrees had to take a longer route to visit Kartarpur shrine and endure many bottle necks to obtain a visa. The opening of the corridor has allowed Sikh yatrees to visit their holy shrine without any hassle.
BNP-M’s Ronjo resigns as Senator after voting against party line ISLAMABAD
STAFF REPORT
The Balochistan National Party-Mengal’s (BNP-M) Qasim Ronjo who had voted for 26th Constitutional Amendment, on Tuesday resigned from his position as Senator. Ronjo has submitted his resignation to the Senate Secretariat and later addressed a press conference. Yesterday, Balochistan National Party-Mengal (BNPM) chief Akhtar Mengal instructed the party’s two senators to resign immediately after they voted in favour of the 26th Constitutional Amendment in the Senate on Sunday. Mengal directed Senator Naseema Ehsan and Senator Qasim Ronjho to submit their resignations, warning that if they fail to do so by tomorrow, they would be expelled from the party. The two BNP-M senators had supported the government’s amendment, which passed with a twothirds majority, gaining 65 votes. Senator Ehsan arrived in the Senate wearing a face mask, while Ronjho was brought in a wheelchair. Although efforts were made to seat them with government members, they returned to the opposition benches. Earlier at the Parliament House, Mengal said his party has lost contact with its senators. “We are here to find our senators. We’ve checked their lodges, but they are not there,” he stated. The comments came as Pakistan’s federal cabinet, chaired by Prime Minister Shehbaz Sharif, approved the draft of the 26th constitutional amendment. Additionally, JUI-F leader Maulana Fazlur Rehman assured the government of his party’s support for the amendment. Speaking to the media outside the Parliament House after session, Mengal stated, “What you have witnessed today is a disgraceful joke, played with the country’s parliament and constitution.” He questioned the motive behind the amendments, asking, “Which forces are being appeased by these changes? Will these amendments improve Pakistan’s economic situation? Will they address the longstanding injustices faced by the smaller provinces?” Mengal also accused political parties and intelligence agencies of working tirelessly to safeguard their own political interests. “Day and night efforts were made to save their politics,” he remarked. The BNP leader highlighted his party’s commitment to political engagement within the framework of the constitution but expressed frustration over being marginalised, leading him to resign from his seat. However, he added, “I never closed the doors of communication.” Mengal alleged that BNP senators were pressured regarding the amendments and revealed that the husband of one of their female senators had been abducted. “Was the 1973 Constitution created by Zulfikar Ali Bhutto for this?” he questioned.
IHC seeks reply to PTI founder’s plea for medical examination by personal physicians ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Tuesday sought the Adiala Jail Superintendent’s reply to a petition filed by incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan, seeking permission for regular medical examination by his personal physicians. IHC’s Justice Mian Gul Hassan Aurangzeb heard the petition and issued a notice of the Adiala jail superintendent
for Wednesday (tomorrow). Advocate Khalid Yousaf appeared before the court on behalf of the PTI founder. During the proceedings, Justice Aurangzeb directed the Superintendent of Adiala Jail to submit a reply by tomorrow. However, the State Council informed the court that the PTI founder is already being examined three times a day by medical professionals. Furthermore, on October 15, a medical board from Pakistan Institute of Medical Sciences (PIMS) also conducted a check-up. The court questioned why the check-up by Dr Faisal
from Shaukat Khanum was not satisfactory. Justice Aurangzeb remarked that the court would announce a decision on Wednesday (tomorrow) after the response of Superintendent of Adiala Jail. In his petition, Mr Khan expressed concern over his health, particularly given his age, and alleged that jail authorities are denying him access to his trusted medical team. The 72-year-old former prime minister said that he required specialised care due to his age and previous health conditions.
Implementation of reserved seats verdict not binding, CJP Isa says in dissenting note ISLAMABAD
STAFF REPORT
Chief Justice of Pakistan Qazi Faez Isa on Tuesday said that the implementation of the Supreme Court’s July 12 verdict on the reserved seats case was not binding since the appeals against it were not decided yet. In his detailed dissenting note in the July 12 verdict, CJP Isa observed: “In constitutional cases too a judgment can be executed, provided it is finally and conclusively decided. The majority’s short order and the majority’s judgment did not conclude the appeals. “The well-trodden legal path was abandoned by the majority which created unnecessary and avoidable problems.
Since the appeals were not finally decided there was no decision which could be stated to be binding, in terms of Article 189 of the Constitution. Similarly, contempt of court proceedings for any noncompliance of the ‘order of the court’, under Article 204 of the Constitution, cannot be initiated. The right of review, which Article 188 of the Constitution grants, was also effectively negated.” In its July 12 short order, the Supreme Court had explained that the 41 returned candidates — of the total of 80 MNAs — were and are the returned candidates of the PTI and thus members of its Parliamentary Party in the National Assembly for all constitutional and legal purposes. The PML-N, PPP
and Election Commission of Pakistan (ECP) have filed appeals against the verdict, which are yet to be fixed for hearing. Through its first clarification issued on Sept 14 — the apex court had reprimanded the ECP for not implementing the July 12 judgement in the reserved seats case. Last week, the Supreme Court reiterated that the amendments made in the Elections Act 2017 could not undo its July 12 judgement with Justice Mansoor Ali Shah, who led the eight-judge majority in the 13member full court, explained that amendments made in the Act through the Elections (Second Amendment) Act, 2024 after the release of the July 12 short order “will have no bearing and therefore the
ECP was bound to implement the judgement passed by the Supreme Court, in its letter and spirit, without seeking any further clarification”. In his note, CJP Isa said he was pointing out what he said were the “constitutional violations and illegalities” in the July 12 short order, the detailed verdict and the subsequent two clarifications. He said the short order had “deviated from how courts have always functioned [and] was novel and unprecedented”. “The majority set up its own virtual court, permitted the making of ‘an appropriate application’ by the ECP and PTI, and directed that such appropriate application would only be heard by them whilst clois-
tered in chambers. In doing this the majority of the honourable judges effectively legislated, because neither the Constitution nor any law permits what they did.” CJP Isa further said: “In effectively legislating, the honourable judges in the majority also contradicted themselves. They stated that the ECP and the PTI may ‘apply to the court’ but then proceeded to state that only the ‘judges constituting the majority’ would hear the ‘appropriate application’. This was not the only contradiction. It has been settled by the Supreme Court that a hearing of a case after it has been decided (which would be a review petition) should be by the same bench and by the same number of judges as had earlier heard the case.” The top judge said the majority of the bench disregarded the apex court’s precedents, carved out a separate eight-member “court” from the thirteen-member bench, innovated further by not finally concluding the hearing of the appeals, introduced timelines and changed what the Constitution provided.