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SC QUESTIONS WHETHER MAY 9, OFFENCE MORE SERIOUS THAN MEHRAN AND KAMRA BASES ATTACK Friday, 31 January, 2025 I 1 Shaban ul Moazzam, 1446
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g JUSTICE MUSARRAT HILALI QUESTIONS JUSTICE MANDOKHAIL OBSERVES POWERS OF COURTS FORMED UNDER ARTICLE 175 EXTENSIVE DISTINCTION BETWEEN CIVILIAN AND THAN COURT UNDER A SPECIFIC LAW ARMED FORCES’ ACCUSED
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ISLAMABAD
STAFF REPORT
HE Supreme Court larger bench on Thursday resumed the hearing on intra-court appeals (ICAs) against annulling trials of civilians in the military courts. A seven member bench headed by constitutional bench Chief Justice Amin Uddin along with Justice Jamal Mandokhail, Justice Musarat Hilali, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi,Justice Afghan,Shahid Bilal Hassan. Counsel of defence ministry Khawaja Harris completed his arguments in the case while he argued that in the constitution the courts were mentioned in article 175. He went on to say military courts were not mentioned under this article in the judicial system. Continuing his arguments, he said that the military courts were established on the recognized separate law. Justice Rizvi observed that the 21st Constitutional Amendment also mentioned the Mehran and Kamra base attacks. He questioned where the trials of those who attacked the General Headquarters (GHQ) and the Kamra airbase were conducted. “Two Orion aircraft worth billions of rupees were destroyed — was the 9 May offence more serious than these terrorist incidents?” he asked.
On Justice Hassan’s questions, the defence ministry’s lawyer said that all the terrorists of the Mehran base attack were killed. “Was there no investigation after they were killed? Who were they? Where did they come from and how did they come?” Did the file of the Mehran base attack was closed after the terrorists were killed? questioned Justice Rizvi. The GHQ attack case was tried in military courts and the trial took place before the 21st Constitutional Amendment, said the counsel. At this, Justice Rizvi said that the constitutional amendment was made on the basis of all the attacks so that there
2014 dharna must also be probed if PTI seeks investigation into Nov 26: PM
Pakistan responds to US desire for ‘improved’ economic ties: FO ISLAMABAD
STAFF REPORT
would be no difficulties in the trial. The counsel replied that all the terrorists who attacked the Mehran base had been killed. Justice Rizvi inquired whether there was no investigation after that; who they were, where they came from and how? Did the file of the Mehran base attack close after the terrorists were killed? Justice Musarrat Hilali said that the Constitution is the supreme law and questioned the distinction between civilian and armed forces’ accused individuals. Earlier at onset of the proceedings, Justice Jamal Khan Mandokhel observed that his remarks during the hearing of the intra-court appeals against the trial of
civilians in military courts on Wednesday was misquoted. The justice observed that his remarks were reported in the media that two judges called the decision of eight judges wrong. “Many judges contacted me regarding this news. I do not care about the media, but the record should be straight,” Justice Mandokhail added. He said that he made this statement in a general sense. “In my yesterday’s observation, I mentioned individuals, not judges, but some media colleagues misquoted it,” the justice clarified. Continuing his arguments, Defense Ministry’s counsel Khawaja Haris Articles 175 of the constitution deals with the setting up and functioning of courts. The military courts do not come under the purview of the article, he added. Military courts are formed under a separate law, the counsel said. Justice Mandokhail observed that the powers of the courts formed under Article 175 are extensive while the jurisdiction of the court formed under a specific law is limited. “The 21st amendment decision clearly states that military courts were formed in a war situation and for the purpose, the constitution had to be amended to try civilians,” the justice remarked. Advocate Haris argued that there was no need for an amendment for the trial of civilians as more crimes were added to the Army Act through the amendment. The adjourned the hearing till Friday.
A day after a delegation of investors led by US President Donald Trump’s close aide met with Prime Minister Shehbaz Sharif, Pakistan’s Foreign Office on Thursday expressed Pakistan’s desire to cement further economic ties with the United States. “Pakistan wants to further improve economic ties with the United States,” FO spokesperson Shafqat Ali Khan said while speaking at the weekly press briefing here on Thursday. Responding to queries, Shafqat termed members of the visiting delegation as “good businessmen”. He clarified that the visit was not organised through the FO, adding that businessmen touring Pakistan was a “routine” matter. Shafqat said that further questions about the visit should be referred to the Special Investment Facilitation Council (SIFC). Beach told a press conference in Islamabad yesterday that Trump believed in economic diplomacy and that their ongoing visit to Pakistan was part of that effort. He also said, “We plan on investing billions of dollars in Pakistan across several different areas, including critical minerals and real estate.” Terming Pakistan “one of the biggest global opportunities”, the investor vowed to “build some of the most high-end and luxury properties ever seen in Pakistan”. He also mentioned energy, technology, artificial intelligence, and other areas that needed attention and investment. During his meeting with Beach, PM Shehbaz had reaffirmed his government’s unwavering commitment to facilitating foreign investors by ensuring a conducive business environment.
ISLAMABAD
STAFF REPORT
Prime Minister Shehbaz Sharif has said government entered into dialogue with PTI in all seriousness and the opposition party left the dialogue process as it tries to run away from its earlier position. Addressing the federal cabinet meeting in Islamabad, the Premier said that PTI needs introspection as they continue to create roadblocks. He said, the government provided conducive environment to the opposition for talks but it is backing off now. Shehbaz Sharif said it takes two to tango and if PTI wants 26th November protest to be investigated, then it is our demand that 2014 dharna must also be probed. He urged PTI to move forward and allow the country to also move ahead. Presiding over a federal cabinet meeting in Islamabad, the premier dismissed the PTI founder’s demand for a judicial commission on the 2024 general elections as unnecessary. “In 2018, PTI’s founder [Imran Khan] promised a House Committee to probe election rigging, but the committee formed under his own government was never implemented,” PM Shehbaz pointed out. The prime minister also stressed that Pakistan’s economic prosperity and development are only possible through the elimination of terrorism. “Ending terrorism is the key to ensuring the nation’s
Cabinet approves ME green initiative charter to restore 200 million hectares PROFIT
NEWS DESK
The federal cabinet, under the chairmanship of Prime Minister Shehbaz Sharif, ratified the charter of the Middle East Green Initiative (MEGI) on Thursday, reaffirming Pakistan’s commitment to global environmental restoration. The initiative, spearheaded by Saudi Arabia, aims to restore 200 million hectares of degraded land and plant 50 billion trees across participating nations. Pakistan’s endorsement of the charter aligns with its ongoing climate action efforts, building on previous afforestation programs such as the Billion Tree Tsunami project.During the meeting at the Prime Minister House, officials from the Ministry of Climate Change briefed the cabinet, emphasising Pakistan’s role as a founding member of the MEGI. The ministry recommended approval of the charter, recognising its potential to enhance the country’s reforestation and land restoration efforts. In addition to environmental commitments, the cabinet approved the Off-the-Grid Captive Power Plants Levy Ordinance 2025, proposed by the Petroleum Division, as part of energy sector reforms. It also deliberated on the impact of a 2020 parliamentary statement regarding Pakistan International Airlines (PIA) pilots, which was deemed exaggerated and damaging to the airline’s reputation and finances. To address the matter, a fact-finding committee was established to assess the financial and diplomatic consequences of the statement. Further decisions included approving an agreement with the European Union on tariff rate quota distribution, restructuring Islamabad’s Accountability Court-III into a Special Court (CNSIII), and extending Rear Admiral Habib-ur-Rehman’s tenure as Chairman of Karachi Port Trust for two months, with instructions to expedite the appointment of a permanent chairman. The cabinet also endorsed a 25% reduction in the provincial quota for medical and dental colleges under federal management, aiming to enhance educational opportunities for students domiciled in Islamabad. Additionally, it approved amendments to the Rules of Business, 1973, merging the Ministry of Kashmir Affairs and Gilgit-Baltistan with the Ministry of Frontier Affairs, a move aligned with broader governance restructuring efforts.
PTI gears up for Swabi power show on Feb 8 on its founder’s advice: Akbar PESHAWAR
STAFF REPORT
progress and stability,” he asserted. Speaking on 1 per cent policy rate reduction announced by state bank, prime minister said it falls short of his expectations but it will still have great impact on businesses and economy Prime minister expressed profound grief during cabinet meeting on the martyrdom of Major Hamza Israr and Sepoy Mohammad Naeem and expressed his resolve to not allow these sacrifices to go in vain. Addressing the recent deaths of Pakistanis in boat accidents, Shehbaz Sharif Said the matter is being followed with interior ministry taking special interest to curb the Black Businesses of human trafficking and bring the perpetrators before the law. Govt determined to eradicate polio Meanwhile, Prime Minister Shehbaz Sharif on Thursday that the government was determined to
eradicate polio and appreciated the administration of all provinces for the timely identification of the polio cases and for the recent decrease in their incidence. He was chairing a review meeting regarding the anti-polio campaign. He said since September 2024, the downward trend in the polio cases was evidence of the effectiveness of the anti-polio campaign. He said the decrease in polio cases in all provinces was made possible due to the untiring efforts of the administration of the provinces. He said the complete erasure of polio from the country became possible only with the cooperation between the federal government and provinces. The prime minister was informed about the progress made in the anti-polio campaign. The anti-polio campaign was continuing in the provinces with great momentum.
Pakistan Tehreek-e-Insaf’s (PTI) Khyber Pakhtunkhwa President Junaid Akbar on Thursday said that the party will hold a public rally in Swabi on the directives of its incarcerated founder Imran Khan on February 8. The day marks the first anniversary of the last general elections, which the party alleges were rigged, resulting in the theft of its mandate. “A public rally will be held in Swabi on February 8 on the PTI founder’s call,” Akbar said in a statement, who recently replaced Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur as the party’s provincial president. The development comes as the former ruling party has also sought permission to hold a public gathering in Peshawar on February 8 which it says would be observed as a “Black Day”. Yesterday, PTI leader Aliya Hamza submitted an application to the Lahore deputy commissioner’s office and sought the administration’s approval for a public gathering at the Minar-e-Pakistan ground, also known as Greater Iqbal Park, on February 8, 2025. The opposition party’s prospective return to street politics comes against the backdrop of its negotiations with the government — which now seem to have collapsed after its refusal to attend the fourth round of talks on January 28 citing the government’s failure to form a judicial commission to probe the May 9 riots and November 2024 protests as per its charter of demands. The dialogue process between the PML-N-led government and the PTI commenced in late December after months of heightened political tensions. Although the PTI presented its written charter of demands and after weeks of negotiations — with three sessions taking place — little progress was made on key matters.
Imran pens letter to CJP Afridi, urging end to ‘state terror and brutality’ ISLAMABAD
STAFF REPORT
Incarcerated PTI founder Imran Khan on Thursday penned a letter to Chief Justice of Pakistan (CJP) Yahya Afridi, emphasizing top judge to bring about an end to the “terror and brutality by the state and the suppression of democracy,” The letter themed as: “Meltdown of the constitutional order in Pakistan” and dated January 24, was signed from Adiala Jail. “You are hereby called upon to exercise all powers vested in the Supreme Court of Pakistan to bring to an end the terror and brutality by the state and the suppression of democracy that are today denying to the people of Pakistan their basic human rights. One or more judicial commissions may be set up to examine the grievances of the people of Pakistan, some of which have been referred to in this letter,” Imran concluded in his 18page letter that was attached with over 300 pages of evidence for the ex-premier’s asser-
tions regarding the highhandedness against his party and the state of the country. Imran writes that several petitions highlighting the “assault on fundamental human rights and the electoral process” were filed over the last 18 months and more before the Supreme Court to safeguard the constitutionally guaranteed fundamental rights of the people. “When all organs and agencies of the state that are mandated by the law to exercise power in order to safeguard life, liberty and democracy stand subjugated by brute force and are acting in aid of persecution and fraud it is the duty of the Supreme Court of Pakistan to intervene. “The Supreme Court of Pakistan has not been vested with enormous power by the Constitution of Pakistan in order to act as a bystander. Unfortunately, none of the petitions filed before this honourable court, including by me, have been taken up. This has allowed a free hand to a reign of brutality and fraud,” Imran alleged. Imran said the evidence he attached per-
tained to the “ongoing murders, injuries, abductions and torture carried out against members and supporters of the PTI in order to sustain the regime in office”. Lashing out at the current setup, he said it was “the result of oppression and of large scale electoral fraud carried out on February 8 and 9, 2024. Unarmed protesters have been met with barbaric state brutality. Reference may be made to the dossier … provides the names and photographs of some of those who lost their lives or sustained firearm injuries on November 26, 2024”, referring to the allegations of rigging in the general elections and the events of November in Islamabad last year that saw clashes between PTI supporters and law enforcement. “A list of 172 individuals injured on November 26, 2024 is placed here … Hospital records of the martyred and the injured were sealed and tampered with by state personnel. Police stations refused to register first information reports. Over 10,000 PTI supporters were arrested between November 24-27, 2024
all across Pakistan,” the PTI founder alleged. Criticising how his own arrest on May 9, 2023, was carried out, the former prime minister claimed that the events of the day were “used as a pretext to arrest thousands of members and supporters of the PTI all across the country” with over 100 people handed
over to military custody for military trials. “Military court trials of civilians with no appeal to an independent court are an egregious violation of the fundamental human rights recognised by the Constitution of Pakistan and by human rights law the world over.”