Controversy around Pakistani anti-graft body thickens as new law challenged in high court

A flock of birds fly over the Lahore High Court in this undated file photo. (Photo courtesy: social media)
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Updated 10 October 2021
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Controversy around Pakistani anti-graft body thickens as new law challenged in high court

  • Petition filed in Lahore court says changing law to accommodate one individual “illegal, mala fide, and unconstitutional”
  • Opposition’s biggest contention is that ordinance paves way for incumbent NAB Chairman to continue holding post

ISLAMABAD: An ordinance signed by the Pakistani president this week to curtail the jurisdiction of the country’s anti-corruption watchdog by excluding key government entities from the ambit of investigations and enabling the president to reappoint the body’s chief or extend their tenure has been challenged in the Lahore High Court, local media reported on Sunday.

The government and the opposition in Pakistan have been at loggerheads in recent weeks over the legislation which allows key changes in the National Accountability Bureau (NAB). The opposition says the amendments will allow the government to use NAB to go after political opponents.

The opposition’s biggest contention is that the ordinance paves the way for incumbent NAB Chairman Justice (retd) Javed Iqbal to continue holding his post until the appointment of his successor.

A petition filed in the Lahore High Court on Saturday said changing the law to accommodate or benefit a single individual was “patently illegal, mala fide, and unconstitutional.”

In Pakistan, an ordinance is a law promulgated by the president, when parliament is not in session, in exercise of the powers vested in him by Article 89 of the Constitution, for a limited time only.

“An ordinance cannot be allowed to override the parliament since assembly is there, and a session can be called at any time,” the petitioner’s counsel, Ishtiaq A. Chaudhary, said.

“Any attempt to subvert, bypass or nullify the effect of any provision of the constitution by parliament or the executive is liable to be struck down by this court which being the custodian of the constitutional mandate to interpret the Constitution.”

The lawyer contended that the recent amendment was “a mockery of parliament.”

He asked the court that the writ petition be accepted on the ground that the amendment made to the NAB ordinance was “person-specific,” referring to the current NAB chief, and promulgated to favor a single individual.

As per the new ordinance, signed on Wednesday, its provision will not be applicable to the following persons or transactions:

“All matters pertaining to Federal, Provincial or Local taxation, other levies or imposts, including concealments, refunds, criminality, criminal intention or loss of exchequer pertaining to taxation; decisions of Federal or Provincial Cabinet, their Committees or Sub-Committees, Council of Common Interests (CCI), National Economic Council (NEC), National Finance Commission (NFC), Executive Committee of the National Economic Council (ECNEC), Central Development Working Party (CDWP), Provincial Development Working Party (PDWP) and Departmental Development Working Party (DDWP), or decisions of the Boards of the State Bank of Pakistan,” a copy of the document seen by Arab News says.

The ordinance’s provisions will also not apply to any “person or entity, which are not directly or indirectly connected with the holder of a public office; procedural lapses in any public or governmental work, project or scheme, unless it is shown that a holder of public office or any other person has been conferred or has received any monetary or other material benefit from that particular public or governmental work, whether directly or indirectly on account of such procedural lapses, which the said recipient was otherwise not entitled to receive; an advice, report or opinion rendered or given by a public office holder or any other person in the course of his duty, unless there is sufficient evidence to show that the holder of public office or any other person received or gained any monetary or other material benefit, whether directly or indirectly, on account of such advise, opinion or report, which the said recipient was otherwise not entitled to receive.”

To grant extension in the tenure of the NAB chairman, sub-section b of Section 6 of the National Accountability Ordinance (NAO) has been amended by excluding the word “non-extendable” from the statute.

The amended ordinance has retained the provision that requires consultation between the opposition leader and the leader of the house in the National Assembly for the appointment of the NAB chairman. But the section states that the president would consult both of them.

“There shall be a Chairman, National Accountability Bureau to be appointed by the President in consultation with the Leader of the House and the Leader of the Opposition in the National Assembly. The Chairman shall hold office for a period of four years on such terms and conditions as may be determined by the President and shall not be removed from office except on grounds provided for the removal of a Judge of Supreme Court in the manner and by the forum provided under Article 209 of the Constitution of Pakistan,” the document reads.

“Provided that on expiry of the period of four years, the incumbent Chairman may be appointed for another period of four years by the President...”

The ordinance has enhanced the authority of the NAB prosecutor general, empowering him to play a crucial role in advising the chairman to file or withdraw any reference from a court. 

It has also allowed the accountability court to grant bail to any accused. Under the NAB law previously, there was no provision of granting bail to the accused as an under-custody suspect could only apply for bail after the expiry of his 90-day remand and that too under the extraordinary jurisdiction of the high court, under Article 199 of the Constitution of Pakistan, which empowers the court to enforce fundamental rights.

The ordinance also allows the appointment of retired judges of high courts as accountability judges. In addition, it provides that a district and sessions judge and an additional district and sessions judge may also be designated as the judge of an accountability court with the consent of the chief justice of the concerned high court.


Pakistan Senate chairman leaves for Saudi Arabia to strengthen bilateral ties

Updated 15 sec ago
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Pakistan Senate chairman leaves for Saudi Arabia to strengthen bilateral ties

  • Yousuf Raza Gillani to meet Saudi Shoura Council chairman, governors of Riyadh and Madinah during visit
  • Pakistan and Saudi Arabia closely cooperate in defense, military, economy, trade and other vital sectors

ISLAMABAD: Pakistan’s Senate Chairman Yousuf Raza Gillani left for a five-day trip to Saudi Arabia on Monday with his visit aimed at strengthening bilateral ties and promoting institutional cooperation between Islamabad and Riyadh, the Senate Secretariat said. 
The invitation to Gillani and his delegation was extended by Saudi Arabia’s Shoura Council, the secretariat said. The Majlis Al-Shoura, or Consultative Council, is a legislative body that advises the Saudi king on issues that are important to Saudi Arabia.
“Chairman Senate Syed Yousuf Raza Gillani has left for a five-day trip to Saudi Arabia with a delegation,” the Senate Secretariat said in a statement. 
“The aim of the visit is to further promote bilateral relations and institutional cooperation.”
The Pakistani delegation will hold high-level meetings with the Shoura Council chairman, governors of Madinah and Riyadh, and conduct other high-level meetings, it said. 
Pakistan and Saudi Arabia enjoy cordial relations that have resulted in close cooperation in defense, military, economic and other sectors. 
Last month, Pakistan and Saudi Arabia signed investment agreements worth $2.8 billion while Crown Prince Mohammed bin Salman has pledged to expedite a $5 billion investment portfolio for Islamabad.
Saudi Arabia has frequently bailed Pakistan out of its economic crisis over the years, coming to its aid with loan rollovers and providing oil on deferred payments to Islamabad.


Sri Lankan artist immortalizes Pakistan’s Olympic hero Arshad Nadeem with special painting

Updated 25 min 53 sec ago
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Sri Lankan artist immortalizes Pakistan’s Olympic hero Arshad Nadeem with special painting

  • Arshad Nadeem won Pakistan its first Olympic gold medal since 1992 in August with record-breaking javelin throw
  • Titled “The Throw,” Mueen Saheed’s painting features an abstract portrayal of Nadeem and his mother

ISLAMABAD: Sri Lankan artist Mueen Saheed has paid tribute to Pakistani Olympian Arshad Nadeem by dedicating a “special painting” to the sportsman, state-run media recently reported, as a mark of respect for bagging the gold medal for his country earlier this year. 
Nadeem made history at the Paris Olympics in August by setting a new record for the longest javelin throw in the global competition, winning Pakistan its first gold medal since 1992 with a record-breaking 92.97m javelin throw. 
Saheed last week concluded an art cultural tour in Pakistan where he showcased his artwork at three major exhibitions in Lahore and Islamabad.
“Renowned Sri Lankan artist, Mueen Saheed made a memorable addition to his tour of Pakistan by presenting a special painting dedicated to Arshad Nadeem, Pakistan’s celebrated Olympic gold medalist, to the Pakistan National Council of the Arts (PNCA),” the state-run Associated Press of Pakistan (APP) reported on Sunday. 
The painting, now a part of the PNCA’s prestigious permanent collection, pays homage to Nadeem’s remarkable achievements and his role in uniting fans across borders.
Titled “The Throw,” the painting features an abstract portrayal of Nadeem and his mother, veiled behind Saheed’s distinctive brushstrokes and use of small squares, the APP said. 
The presentation ceremony at the PNCA in Islamabad, part of the artist’s “Passages of Light” exhibition, was attended by key figures in the arts and culture sector, including PNCA Director General Muhammad Ayoub Jamali and Information Minister Attaullah Tarar. 
“Arshad Nadeem’s story is one of resilience and humility,” Saheed explained. “His victory at the Olympics and the moments of sportsmanship with his Indian counterpart, Neeraj Chopra, were powerful examples of unity in competition.”
Tarar praised Saheed’s gesture, noting the significance of honoring a national hero whose journey resonates beyond sports, inspiring audiences from Pakistan, India, and around the world, the state-run media said.


Belarus President Lukashenko to arrive in Pakistan today amid Islamabad protest

Updated 36 min 56 sec ago
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Belarus President Lukashenko to arrive in Pakistan today amid Islamabad protest

  • Thousands of ex-PM Khan supporters expected to arrive in Pakistan’s capital for anti-government protest
  • Pakistan, Belarus expected to sign several agreements during Aleksandr Lukashenko’s three-day visit to Pakistan

ISLAMABAD: Belarus President Aleksandr Lukashenko is scheduled to arrive in Pakistan on a three-day visit today, Monday, as thousands of supporters of former prime minister Imran Khan march toward the capital for an anti-government march. 
Pakistan’s state media said last week that Lukashenko was expected to hold talks with Prime Minister Shehbaz Sharif on bilateral cooperation while several agreements would be signed between the two countries. 
His visit comes at a time when thousands of supporters of jailed ex-PM Khan’s Pakistan Tehreek-e-Insaf (PTI) party are headed toward Islamabad for a protest “long march.” Khan’s party is demanding his release from prison, independence of the judiciary and protesting against alleged rigging in the February national elections. 
“President of the Republic of Belarus Aleksandr Lukashenko will undertake three-day visit to Pakistan from today,” state broadcaster Radio Pakistan reported. 
As a 68-member delegation from Belarus arrived in Pakistan’s capital on Sunday ahead of Lukashenko’s visit, Pakistan’s government described the PTI’s protest as a “deliberate conspiracy” against the country’s “honor,” vowing stern action against any persons found violating the law. 
The government last week took measures to enhance security in Islamabad, sealing off key highways and motorways leading to the capital from surrounding areas with shipping containers. 
Security in the capital has also been beefed up with the deployment of paramilitary forces and police while the government has suspended Internet services in areas deemed sensitive for security. 
PTI CARAVAN
Meanwhile, the PTI convoy led by Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur left Peshawar around 1:30 p.m. on Sunday and reached Swabi in the evening, where it was joined by protesters from across the province.
The caravan then proceeded to Ghazi Barotha near Punjab, where it expects resistance from federal authorities.
Hajji Fazal Elahi, a PTI provincial lawmaker, told Arab News the party workers were determined to reach D-Chowk, the protest venue in Islamabad.
“There are hurdles as the government has placed barriers in different places. We will try our best to remove them, but if we don’t succeed, we’ll spend the night here,” he said, referring to Ghazi Barotha.
“We will go to D-Chowk and cross all the barriers, even if it takes a day or two,” he added.


Pakistan says protests cost $684 million daily as Imran Khan’s supporters march on Islamabad

Updated 25 November 2024
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Pakistan says protests cost $684 million daily as Imran Khan’s supporters march on Islamabad

  • Finance Ministry’s estimates exclude losses from IT, telecom sectors and provincial economies
  • Imran Khan has called for protests demanding his release, with demonstrations also held abroad

ISLAMABAD: Pakistan’s Ministry of Finance has prepared a report estimating economic losses of Rs190 billion ($684 million) per day due to political protests, Federal Finance Minister Muhammad Aurangzeb said on Sunday, as supporters of jailed former prime minister Imran Khan march toward Islamabad to demand his release.
The protest, led by Khan’s Pakistan Tehreek-e-Insaf (PTI) party, has effectively cut off the federal capital from other cities, with authorities using shipping containers to seal all entry and exit points and announcing the closure of all educational institutions in Islamabad.
The disruption has also impacted small businesses, with slow Internet and telecom services further compounding the economic losses.
“Protests result in a daily loss of Rs190 billion,” the finance minister said in a statement circulated by his office, warning of repercussions for the national economy.
According to the ministry’s report, the GDP suffers a daily loss of Rs144 billion, accounting for the largest share of the economic impact. Additionally, a decline in exports results in a daily loss of Rs26 billion, while disruptions in foreign direct investment contribute Rs3 billion to the daily losses.
Losses in the IT and telecom sectors are significant but separate from these figures.
“The federal government’s daily loss is Rs190 billion, while provincial losses are even higher,” Aurangzeb noted, without providing detailed provincial breakdowns.
Khan, who has been incarcerated for over a year on charges he claims are politically motivated, has urged his followers to rally both in Pakistan and abroad.
PTI supporters in countries such as the United Kingdom, France, Sweden, Spain and Japan have also organized demonstrations, calling for the former prime minister’s release.
As tensions persist, the government remains firm in its resolve to maintain public order, with Finance Minister Aurangzeb stressing that the ongoing unrest is severely undermining the country’s economic recovery efforts.


Pakistan urges climate justice at COP29, highlights gaps in global commitments

Updated 24 November 2024
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Pakistan urges climate justice at COP29, highlights gaps in global commitments

  • It highlights mismatch between developed nations’ pledges and developing countries’ needs
  • Romina Alam says Pakistan is forced into debt to manage the fallout of climate disasters

ISLAMABAD: Pakistan’s top climate change official on Sunday voiced concern over the widening gap between global climate commitments and the needs of vulnerable nations as COP29 ended in Azerbaijan.
Addressing the closing plenary, Romina Khurshid Alam, Prime Minister’s Coordinator on Climate Change, emphasized Pakistan’s acute vulnerability to phenomenon, citing devastating floods, glacial melt, extreme heatwaves and droughts that have affected millions and strained the country’s resources.
“Climate justice is not charity; it is a moral obligation,” she said during her statement, criticizing the mismatch between developed nations’ pledges and the requirements of developing countries to implement their climate plans.
The Pakistani official welcomed the adoption of the Baku Climate Unity Pact, though she expressed “mixed feelings” about the outcomes.
“We note critical gaps in the decisions adopted here,” she said. “Global solidarity is important, but the goals set by developed countries fall short of addressing the needs of developing nations to implement their NDCs [Nationally Determined Contributions] and National Adaptation Plans.”
Alam highlighted the inequity in the international climate finance system, pointing out that countries like Pakistan are being forced into debt to manage the fallout of climate disasters.
“The climate crisis is turning into a debt crisis because the means of implementation are not clear,” she added.
The Pakistani official urged all parties to return to the negotiating table with renewed determination ahead of COP30.
“Multilateralism remains the cornerstone of Pakistan’s climate diplomacy, and we hope for greater equity and commitment in addressing outstanding critical issues,” she added.
Pakistan is ranked as the 5th most vulnerable country to climate change, according to the Global Climate Risk Index. Apart from floods, droughts and heatwaves, the country’s eastern cities in Punjab have also witnessed unprecedented smog, taking the AQI level as high as 2,000.