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Wednesday, 29 march, 2023 i 7 Ramzan, 1444 Govt removes duties on silicone sheet imports to facilitate energy efficient appliances
Rs 15.00 | Vol Xiii No 270 i 8 Pages i islamabad Edition
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Bill To ‘cliP’ cJP’S SUo moTo PowerS lanDS in na afTer caBineT’S aPProval g
DRAFT BILL STATeS COMMITTee OF ThRee SC JUDGeS WILL DeCIDe On Any SUO MOTO CASe
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PM ShehBAZ TeRMS VOICeS FROM WIThIn JUDICIARy ‘neW RAy OF hOPe’ TO ReDUCe CJP’S POWeRS
ISLAMABAD
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sTaff rePorT
he federal government tabled a legislative bill in the national Assembly on Tuesday seeking to curtail the discretionary powers of the Chief Justice of Pakistan, leaving the decision of taking up any suo moto case to the three senior-most judges of the apex court. Federal Law Minister Azam nazeer Tarar introduced “The Supreme Court (Practice and Procedure) Act, 2023,” after the federal cabinet approved it earlier in the evening. nA Speaker Raja Pervez Ashraf subsequently referred the tabled bill to the nA’s Standing Committee on Law and Justice for its approval. On the other hand, a meeting of the standing committee has been summoned on Wednesday (today) at 10pm to take up the matter. The committee is expected to swiftly approve the judicial reforms bill, after which it will be sent back to Parliament. Seeking to curtail the discretionary powers of the chief justice, the judicial reforms bill states: “every cause, appeal or matter before the Supreme Court shall be heard and disposed of by a bench constituted by the Committee comprising the Chief Justice of Pakistan and two senior most judges, in order of seniority,” The decisions of such a commit-
tee shall be by majority, it adds. Regarding suo moto powers, the
bill seeks to ensure that any matter invoking exercise of original jurisdic-
tion under Article 184 (3) shall be first placed before the committee of three senior-most judges. “If the Committee is of the view that a question of public importance with reference to enforcement of any of the fundamental rights conferred by Chapter I of Part II of the Constitution is involved, it shall constitute a bench comprising not less than three judges of the Supreme Court of Pakistan which may also include the members of the Committee, for adjudication of the matter,” it adds. The legislation also allows appeals within 30 days of a verdict being issued on a suo motu case and enforces that a bench be constituted to hear such an appeal within 14 days.
fiqah-e-hanfia lahore sehr: 4:34 aM iftar: 6:22 PM
iSlamabad: While commenting on the recent draft of legislation seeking amendment to Supreme Court Rules 1980, a senior lawyer of the Supreme Court Safdar Shaheen Pirzada termed the proposed bill against the basic structure of Article 191 of the Constitution, saying it may be set aside if assailed before the top court. Talking to TLTP, Pirzada said the Supreme Court was formed under the Constitution of Pakistan instead of any Act of the Parliament, adding the Act of Parliament is subordinate to the Constitution of Pakistan as the Constitution is the supreme legislation. Pirzada further said under the Constitution of Pakistan the SC is authorized to make its rules, subject to the assent of the President of Pakistan. The SC has inferred the power of Suo Moto under Supreme Court Rules instead of any Act of the Parliament. “Under the Constitution of Pakistan Rules can only be framed by the Supreme Court to run its helm of affairs. As the proposed legislation seems to be in conflict with Article 191 of the Constitution which the top court may strike down”, Pirzada added. “If the proposed bill becomes Act of the Parliament – it would be considered against the basic structure of the Constitutional provision ( Article 191) – on this single ground this amendment shall be set aside if someone challenges it before the top court”, Pirzada concluded. TLTP
Pakistan excuses itself from attending US Democracy Summit ISLAMABAD Mian abrar
Pakistan on Tuesday chose to skip the US convened Democracy Summit taking place in Washington this week, saying that Pakistan would engage with the US on a bilateral basis to encourage democratic values. The virtual summit has been co-sponsored by the US Department of State and USAID on the theme of ‘Global Declaration of Mayors for Democracy’. Perhaps major issues for Pakistan was that virtual summit was given a political colour as the US invited Taiwan to the summit violating its own commitment to the ‘One China’ policy. If this was not enough, tyhe US chose not to invite China and Turkiye to the summit. The issue of Pakistan’s participation in the Second Summit for Democracy in the US had been under discussion for some time, particularly because it’s participation could potentially upset its all-weather friendship with China. Like the first democracy summit in 2021, both India and Pakistan were invited to the summit this time. India attended the last meeting and may do so this year as well. Pakistan had opted out of the first summit due to its same principled stance. In a statement issued on Tuesday the Foreign Office said Pakistan values its friendship with the United States. “Under the Biden Administration, this relationship has widened and expanded substantially. We remain committed to further solidifying this relationship for peace, stability, and prosperity in the region,” the statement said.
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imF wants external financing commitments fulfilled to release funds, Pm says g
FUnD WAnTS ISLAMABAD TO exPLAIn FUeL SCheMe BeFORe PROGReSSInG FURTheR profIt reuTers
The International Monetary Fund (IMF) wants external financing commitments fulfilled from friendly countries before it releases bailout funds, Pakistan’s Prime Minister Shehbaz Sharif said on Tuesday. The lender has been negotiating with Islamabad since early February to resume $1.1 billion in funding held since november, which is part of a $6.5 billion bailout agreed in 2019. The funding is very critical for Pakistan to unlock other external financing avenues to avert a default on its obligations with its central bank reserves falling to as low as to cover hardly four weeks of imports. “now we are being told that the commitments from friendly countries be fulfilled and God willing we will,” Sharif told parliament in a live telecast speech. Several friendly countries such as Saudi Arabia, China and the United Arab emirates, have made commitments to help Pakistan fund its balance of payments. An agreement would be signed once a few remaining points, including a proposed fuel pricing scheme, are settled, an IMF official
said on Friday. Sharif had earlier announced the government’s plan to charge affluent consumers more for fuel, with the money raised used to subsidise prices for the poor, who have been hard-hit by inflation. In February it was running at its highest in 50 years. The IMF’s resident representative in Pakistan, esther Perez Ruiz, said earlier that the government had not consulted the fund about the scheme. The lender wants Islamabad to explain the fuel scheme before any loan deal. The IMF has not responded to Reuters request for a comment on the fuel pricing scheme. Several friendly countries such as Saudi Arabia, China and the United Arab emirates, have made commitments to help Pakistan fund its balance of payments. An agreement would be signed once a few remaining points, including a proposed fuel pricing scheme, are settled, an IMF official said on Friday. Sharif had earlier announced the government’s plan to charge affluent consumers more for fuel, with the money raised used to subsidise prices for the poor, who have been hard-hit by inflation. In February it was running at its highest in 50 years.
karachi sehr: 5:11 aM iftar: 6:47 PM
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islaMabad sehr: 4:26 aM iftar: 6:39 PM
karachi sehr: 5:01 aM iftar: 6:57 PM
Slogans, counter slogans as ruckus mars joint session’s proceedings ISLAMABAD
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SC has absolute power to amend its rules: Pirzada
islaMabad sehr: 4:36 aM iftar: 6:29 PM
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The Parliament on Tuesday reverberated with slogans of “watch thief and diesel, diesel” and the Pakistan Tehreek-e-Insaf, which ended its long boycott and participated in the joint session, slammed the federal government over its unlawful action against its leaders and workers. national Assembly (nA) Speaker Raja Pervaiz Ashraf chaired proceedings of the joint session of the parliament. Opposition Leader in the Senate Shahzad Waseem lambasted both the government and the election Commission of Pakistan (eCP) over their “tactics to delay elections to KP and Punjab elections.” Members from both the treasury and opposition benches chanted slogans against each other’s leaders, ignoring the instructions of the speaker. The PTI’s senator, while speaking during the joint session on other important issues, including law and order, said that while the nation was busy looking for the crescent of the holy Ramzan, the eCP’s moon came out in the middle of the night “which brought darkness to the nation”. The opposition leader said that the election Commission in its midnight decision, going against the decision of the Supreme Court, refused to hold the election on the date given by it and gave a new date. “The function of the Supreme Court (SC) is to deliver justice and not to interfere, and while the apex court is authorised to interpret the Constitution, it is not allowed to write it,” he added. During the joint session, journalists protested against the police torture of express news journalist Saqib Bashir and terrorism cases against a private TV channel’s journalist, staging a walkout from the press gallery. Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman targeted the PTI and judiciary, saying that if parliament could call the army chief, the judges should also be called. At the beginning of the meeting, PTI lawmakers raised slogans against the government while participating in the meeting after a long boycott. The opposition in the upper house said that the election Commission gave an excuse in its decision that the International Monetary Fund (IMF) was not allowing release of funds for the election, while it was a different matter that the international lender immediately clarified that it was Pakistan’s decision and there was no such restriction from it. he added that the election Commission gave another excuse that the security situation was not good, but the speaker was aware of the difficult situation the country was going through.
bandial questions ECP authority to extend election date ISLAMABAD sTaff rePorT
Presiding over a hearing concerning the possibility of extending the election date, the chief justice of Pakistan on Tuesday said the issue at hand was straightforward, questioning whether the election Commission of Pakistan (eCP) had the authority to delay the vote in Punjab, scheduled for April 30, until October 8. The remarks by Umar Ata Bandial came as Supreme Court resumed hearing the Pakistan Tehreek-i-Insaf (PTI) petition requesting that the tribunal be directed to hold the elections on the previously scheduled date of April 30. It contends that the decision to delay the polls violated the Constitution and amounted to amending and subverting it. Justice Bandial emphasised that rule of law was essential for democracy to
function, and expressed concern that political tensions could cause problems for the country. As the hearing began, Farooq h. naek, the counsel for Pakistan Peoples Party (PPP), claimed there was “anarchy and fascism” in the country. The attorney general pointed out that two Supreme Court judges had issued dissenting notes regarding the judgement on March 1, which cast doubt on the chief justice’s power to restructure benches without the consent of the respective judges. A day earlier, justices Mansoor Ali Shah and Jamal Khan Mandokhail raised concerns about the suo motu judgement on the issue, claiming that the proceedings were dismissed by a majority of 4-3. They contended that the chief justice should not have the power to restructure benches without the con-
sent of the respective judges. however, Justice Bandial asserted the focus of the hearing was not the previous verdict, but the tribunal’s power. The attorney general contended that the petition was based on the eCP’s violation of the court orders. At this, Justice Bandial emphasized that the matter at hand concerned the delay of the election date rather than setting a new one. he urged all parties involved to prioritise the welfare of the people and to respect national institutions while working within their constitutional limits. The hearing emphasized the importance of upholding democracy and the rule of law in Pakistan. ‘ONE maN’S dECiSiON’: At the outset of the hearing, Justice Jamal Khan Mandokhail questioned whether the assemblies should be dissolved “on the whim of one person” and who has the author-
ity to extend elections beyond 90 days. he further inquired whether holding elections within the stipulated time of 90 days was not a constitutional requirement, and whether the eCP could delay the date for polls. The chief justice thanked Justice Mandokhail for “clearing the matter”. Justice Mandokhail also expressed his disappointment that the Constitution was not being taken seriously in the country, pointing out that the 90-day period for holding elections had already elapsed. The judge raised concerns about who would be authorized to extend the date for polls beyond the prescribed period, and whether one person could dissolve the assemblies on a whim. Barrister Zafar argued that both the prime minister and chief minister were elected representatives. however, Jus-
tice Mandokhail highlighted that the assembly could still be dissolved if the prime minister’s political party sought a vote of no-confidence. Barrister Zafar acknowledged this point. The judge also questioned whether the issue should be debated in parliament. In response, the PTI’s counsel acknowledged that parliament could indeed discuss the powers of the prime minister and chief minister. Regardless, the question remains as to who has the authority to dissolve the assemblies and extend the election period. Justice Bandial stressed the importance of respecting all national institutions, but also noted that each institution must work within its constitutional limits. Syed Ali Zafar, the counsel for PTI, warned that the crisis would escalate if the elections were delayed.