Pakistan’s Senate approves bill to limit power of country’s top judge

A policeman walks past the Supreme Court building in Islamabad on January 29, 2021. (AFP/File)
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Updated 30 March 2023
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Pakistan’s Senate approves bill to limit power of country’s top judge

  • New law relates to chief justice’s use of “suo motu” provisions in Pakistani law to open cases on court’s own initiative
  • New law suggests setting up a three-member panel headed by the chief justice to take up suo motu cases

ISLAMABAD: Pakistan’s Senate on Thursday approved a bill to curtail the chief justice’s power to use “suo motu” provisions in Pakistani law that allow the court to open cases on its own initiative on issues it deems are of public interest and to denounce the failure of governments or public institutions.

The new legislation, called the Supreme Court (Practice and Procedure) Act, 2023, comes after the top court took “suo motu” notice last month of the Election Commission of Pakistan (ECP) delaying elections in Punjab and Khyber Pakhtunkhwa provinces, which account for more than half of the country’s 220 million people.

In the past, Pakistani chief justices have used the suo motu provision to launch inquiries ranging from payments to sugar cane farmers by industry owners and increases in milk prices to allegations of corruption in the running of the country’s steel mills, railways and national airline.

On Tuesday, the National Assembly passed a resolution accusing the Supreme Court of “judicial activism” and demanding its “non-interference” in matters related to the ECP.

The draft bill, presented in parliament and passed by the National Assembly on Wednesday and by Senate on Thursday, seeks to amend laws regarding the conduct of the top court and suggests setting up a three-member panel headed by the chief justice to take up suo motu cases.

“The passage of the Supreme Court (Practice & Procedure) Bill 2023 by Parliament today will institutionally strengthen the apex court,” Prime Minister Shehbaz Sharif said on Twitter. “It will help make the process of bench formation & exercise of Article 184 (3) transparent & inclusive, thus serving the cause of justice.”

 

 

The crisis, widely seen as a tussle between the top court and the federal government, stems from Chief Justice Umar Ata Bandial on February 23 taking suo motu notice of a delay in holding elections in Punjab and Khyber Pakhtunkhwa provinces, where legislative assemblies were dissolved in January by ex-Prime Minister Imran Khan and his allies. The move was part of Khan’s bid to force early general elections, since Pakista historically holds the provincial and national elections together.

According to Pakistan’s constitution, elections must be held within 90 days of the dissolution of a legislative assembly.

After weeks of delays and political wrangling on the issue, the Supreme Court in a 3:2 verdict on March 1 ordered the ECP to fulfill its constitutional obligation and announce an election schedule for Punjab and Khyber Pakhtunkhwa. The ECP subsequently said the vote in Punjab would be held on April 30 but last week withdrew its schedule, saying it was impossible to hold the vote in April due to security and financial concerns. It announced October 8 as the new poll date in Punjab.

Khan’s Pakistan Tehreek-e-Insaf party then approached the Supreme Court, which is now debating whether the ECP’s move is legal, forcing the government to move a resolution against the court itself.

According to Pakistan’s constitution, a bill passed by both houses of parliament becomes law once it receives the president’s formal approval.


Indian women notch cautious 6-wicket win over archrival Pakistan at T20 World Cup

Updated 4 sec ago
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Indian women notch cautious 6-wicket win over archrival Pakistan at T20 World Cup

  • Pakistan was stifled by fast bowler Arundhati Reddy (3-19) and off-spinner Shreyanka Patil (2-12) to score a modest 105-8
  • India reached 108-4 in 18.5 overs as captain Harmanpreet Kaur made a calm 29 off 24 balls before retiring hurt late in the chase

DUBAI: India notched a cautious six-wicket win over its sub-continent archrival Pakistan for its first points at the Women’s T20 World Cup on Sunday.
Pakistan was stifled by fast bowler Arundhati Reddy (3-19) and off-spinner Shreyanka Patil (2-12) to score a modest 105-8 on a slow wicket at the Dubai International Stadium with seasoned Nida Dar top-scoring with 28 off 34 balls.
India, which lost its first group A game against New Zealand by 58 runs, reached 108-4 in 18.5 overs as captain Harmanpreet Kaur made a calm 29 off 24 balls before retiring hurt late in the chase.
With only two needed for victory Kaur briefly lost her balance but regained her ground as wicketkeeper Muneeba Ali missed a stumping opportunity. Kaur clutched the back of her neck as she walked back to the dug out before Sajeevan Sajana reached the target with a boundary.
Despite the win, India is still fourth in the group with a poor net run-rate of -1.217 behind third place Pakistan, which beat Sri Lanka in its opening game and has a net run-rate of 0.555. New Zealand and Australia occupy the first two spots after winning their respective opening group games.
India had squeezed Pakistan to 7-71 in the 15th over despite Asha Sobhana dropping two easy catches off Muneeba Ali (17) and captain Fatima Sana (13). Muneeba’s struggling knock of 26 balls finally ended when she got stumped off Patil’s wide ball.
Sana smashed two boundaries but was brilliantly snapped by wicketkeeper Richa Gosh, who plucked a one-handed catch over her head behind the wicket to give some consolation to leg-spinner Sobhana (1-24) for her early lapse in the field.
Dar held the innings together in the death overs with a 28-run partnership with Syeda Aroob Shah, who scored 14, before Reddy had Dar clean bowled in the final over.
India’s batting powerhouse was over-cautious against Pakistan’s spin heavy bowling attack in their run-chase. Shafali Verma, who top-scored with 32 off 35 balls, successfully overturned a leg before wicket decision against her through television referral early in her knock but India’s top-order batters struck only five boundaries in their entire run-chase.
Sana (2-23) picked up two late wickets off successive balls when Jemimah Rodrigues (23) and Gosh both were caught behind. Sana came close to have Deepti Sharma lbw in her final over but the onfield decision was overturned by the third umpire when TV replays suggested the batter had got a thick inside edge.
In the second game of the day, Scotland won the toss and elected to bat against West Indies in a group B game with both teams looking for their first win in the tournament after losing their opening games of the tournament.


Center sets up panel to probe use of Khyber Pakhtunkhwa provincial resources for Islamabad protest

Updated 24 min 43 sec ago
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Center sets up panel to probe use of Khyber Pakhtunkhwa provincial resources for Islamabad protest

  • Ex-PM Khan supporters this week marched toward Islamabad from different parts of the country, mainly Khyber Pakhtunkhwa where his party rules
  • Clashes erupted between Khan supporters and police when they were prevented from entering capital, with one cop killed and dozens of others injured

ISLAMABAD: Pakistan’s federal government has constituted an inquiry committee to probe the use of resources of the Khyber Pakhtunkhwa (KP) provincial government for this week’s protest by former prime minister Imran Khan’s party in the Pakistani capital of Islamabad, the Pakistani interior ministry said on Sunday.
Supporters of Khan’s Pakistan Tehreek-e-Insaf (PTI) party on Friday marched toward Islamabad from different parts of the country, mainly the neighboring Khyber Pakhtunkhwa province, to protest the government’s proposed constitutional amendments that it claims are aimed at curtailing the independence of the judiciary, the government denies this. They also aimed to mount pressure for the release of their leader who is in jail since August last year.
Clashes erupted as police tried to prevent the protesters from entering the Pakistani capital, with federal officials accusing KP Chief Minister Ali Amin Gandapur of firing tear gas at police while leading caravans of protesters from the neighboring province ruled by the PTI. They said Gandapur was accompanied by serving police officers as well as heavy machinery to remove road blockades.
“An inquiry committee is hereby constituted to probe the use of government resources and manpower by the Khyber Pakhtunkhwa government in the rally, for sit-in at Islamabad, by Pakistan Tehreek-e-Insaf (PTI) on 4th and 5th October 2024,” the Pakistani interior ministry said in a notification.

A supporter of jailed former Pakistani Prime Minister Imran Khan's party, the Pakistan Tehreek-e-Insaf (PTI), throws back a tear gas shell during an anti-government rally in Islamabad, Pakistan, October 5, 2024. (REUTERS)

The three-member committee comprises Additional Interior Secretary Riffat Mukhtar, Additional Director General of the Federal Investigation Agency (FIA) Munir Masood Marath, and a representative of the Intelligence Bureau (IB), according to the notification.
Separately, Prime Minister Shehbaz Sharif met with Interior Minister Mohsin Naqvi on Sunday evening and praised him, the Islamabad administration, and police for maintaining law and order in the capital, despite two days of clashes that killed at least one policeman and injured dozens of others, and prompted authorities to seal almost all roads and suspend mobile phone services.
Federal authorities said on Sunday they had rounded up nearly 900 protesters, while there had been no clue of the whereabouts of CM Gandapur, who led thousands to Islamabad, since arriving in the capital on Saturday. The PTI said Gandapur had been “kidnapped,” and that police fired tear gas and rubber bullets at its supporters in “excessive” use of force.
Khan’s party says it is facing an over-year-long crackdown since protesters allegedly linked to the PTI attacked and damaged government and military installations on May 9, 2023, after the former premier’s brief arrest the same day in a land graft case.
Hundreds of PTI followers and leaders were arrested following the riots and many remain behind bars as they await trial. The military, which says Khan and his party were behind the attacks, has also initiated army court trials of at least 103 people accused of involvement in the violence.
Khan, who has been in jail since last August, was ousted from the PM’s office in 2022 in a parliamentary vote of no confidence after what is widely believed to be a falling out with Pakistan’s powerful military, which denies being involved in politics.


Over 50 Pakistanis imprisoned in Sri Lanka due to return home today

Updated 06 October 2024
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Over 50 Pakistanis imprisoned in Sri Lanka due to return home today

  • The return of these Pakistani prisoners follows months of diplomatic negotiations between Pakistani and Sri Lankan authorities
  • Interior Minister Mohsin Naqvi spearheaded the effort, while Privatization Minister Abdul Aleem Khan announced bearing all expenses

ISLAMABAD: More than 50 Pakistanis, who had been imprisoned in Sri Lanka, were due to return home on Sunday, Pakistani state media reported.

The return of these Pakistani prisoners follows months of diplomatic negotiations between Pakistani and Sri Lankan authorities.

Interior Minister Mohsin Naqvi spearheaded the efforts to secure their release, while Privatization Minister Abdul Aleem Khan announced bearing all expenses in this regard.

“A chartered flight has left for Sri Lanka to bring the Pakistani prisoners back,” the state-run Radio Pakistan broadcaster reported.

Naqvi expressed his gratitude to the Sri Lankan government and the high commissioner for their support in this regard, according to the report.

Sri Lankan High Commissioner Ravindra Chandra Srivijay Gunaratne met Naqvi in July and discussed with him matters of mutual interest, including the release of Pakistani nationals imprisoned in Sri Lanka.

A total of 23,456 Pakistani citizens are imprisoned in various countries, local media reported, citing the Pakistani Senate Standing Committee on Human Rights.

Of them, 15,587 have been convicted of different offenses and 7,869 are under-trial.


Top official of ex-PM Khan’s party ‘missing’ as nearly 900 arrested in Islamabad protests

Updated 36 min 53 sec ago
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Top official of ex-PM Khan’s party ‘missing’ as nearly 900 arrested in Islamabad protests

  • Hundreds of Khan supporters set out for Islamabad from various parts of the country on Friday to take part in a protest at D-Chowk square
  • Clashes erupted after the police tried to prevent caravans of Khan supporters from entering the capital, resulting in the killing of one cop

ISLAMABAD: Mystery continued to surround the whereabouts of a key official of former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) opposition party as its protest entered a third day on Sunday, with at least one policeman killed in clashes and almost 900 demonstrators arrested.
Hundreds of Khan supporters set out for Islamabad from various parts of the country on Friday to take part in a protest at D-Chowk. Police tried to prevent the protesters from entering Islamabad, which led to violent clashes between the two sides over the course of two days. Authorities said at least one policeman was killed in the clashes and dozens of other law enforcers sustained injuries, whereas Khan’s party said the police heavily shelled its supporters with tear gas.

Khan’s party announced this week it was protesting the government’s proposed constitutional amendments that it claims are aimed at curtailing the independence of the judiciary, with the government repudiating the charge. The party has also been trying to mobilize supporters through protests and public gatherings to pressure the government for the release of Khan, who has been in prison since August last year on a slew of charges.
Tensions between the government and the PTI escalated on Saturday after the paramilitary Rangers force stormed KP’s administration office in Islamabad, with the party saying Chief Minister Ali Amin Gandapur, who led caravans of Khan supporters to Islamabad from the Khyber Pakhtunkhwa province, had been “kidnapped.”
“Chief Minister KP Ali Amin Gandapur is neither in our [Islamabad Police] custody nor is he in the custody of any other Pakistani institution,” Interior Minister Mohsin Naqvi told reporters in Islamabad after attending deceased police constable Abdul Hameed Shah’s funeral prayers, denying the PTI claims that Gandapur had been abducted by police or intelligence agencies. 
“He himself is on the run. Islamabad police will deal with him as per law as they are definitely searching for him.”
Naqvi said the capital police conducted three raids at various locations on Saturday night where they suspected Gandapur was present, adding that he was not found there.
“We still have blockades at certain points in the city and are actively searching for him,” Naqvi said. 
Speaking at a presser, Islamabad police chief Ali Nasir Rizvi said they had rounded up 878 suspects during the days-long violent protests, of whom “120 were Afghan nationals.”
“Tear gas were fired on us, [we were] pelted with stones, with protesters using slingshots to attack us,” he said, without offering any evidence to support his statement.
Shah, the deceased police constable, was posted at Chungi no. 26 from where he was abducted by protesters, according to Islamabad police spokesman Muhammad Taqi Jawad. A resident of the Pakistani city of Abbottabad, Shah joined Islamabad Police in 1988 and was serving in its investigation wing.
“Miscreants kept torturing police constable Shah after abducting him,” Jawad said, adding that Shah was set to retire in three months upon completing his service.
Prime Minister Shehbaz Sharif condemned Shah’s killing, blaming the PTI for the violent protests.
“PTI always adopted the path of violence under the guise of protest,” Sharif was quoted as saying by his office. “The prime minister has directed to bring all people involved in the incident to justice.”
CURRENT SITUATION IN ISLAMABAD
Normalcy started returning to the Pakistani capital on Sunday afternoon after a majority of roads and thoroughfares in Islamabad and Rawalpindi, which had been sealed with shipping containers on Friday, were reopened for traffic, and mobile phone services were largely restored, bringing a sigh of relief to residents of the twin cities.
Speaking of the present situation in the capital, the Islamabad police spokesperson said the protesters who had entered Islamabad with CM Gandapur had left and there was no sit-in protest going on in the city.
“No protesters are in Islamabad right now and the roads are partially opened,” he said.
An Arab News survey, however, revealed that few roads leading toward the capital’s Red Zone, home to key diplomatic and government offices, were still blocked off with shipping containers.


Pakistan’s Masood warns England still a force without Stokes

Updated 06 October 2024
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Pakistan’s Masood warns England still a force without Stokes

  • Ollie Pope will again lead England after deputising successfully in the recent 2-1 series win over Sri Lanka
  • Stokes led England to 3-0 Test win on England’s last tour in 2022, the first time Pakistan were swept at home

MULTAN: Pakistan captain Shan Masood warned on the eve of Monday’s first Test in Multan that his side would still be facing a formidable England, despite the absence of their captain Ben Stokes.

Ollie Pope will again lead England after deputising successfully in the recent 2-1 series win over Sri Lanka as Stokes, 33, was ruled out as he recovers from a hamstring injury.

“We all know the quality of Ben Stokes,” said Masood on Sunday ahead of the start of the three-Test series. “He is one of the top all-rounders of the world.”

“England’s strength will not lessen with one individual (missing),” he warned. “They are still very competitive.

“If you look at their playing eleven then it’s very balanced with all-rounders, and they have two spinners and three fast bowlers with deep batting, so their loss is that of an individual.”

Stokes led England to an emphatic 3-0 Test series victory on England’s last tour in 2022, the first time Pakistan had been swept at home.

England return with Pakistan on a painful losing streak — winless in their last 10 home Tests and suffering a humiliating 2-0 home defeat to Bangladesh last month.

“They’ve obviously not had their strongest run recently, but we still see them as a highly skilled side,” said Pope. “They are a team we don’t take lightly.”

Pakistan named their team with a bowling attack of two fast bowlers in Shaheen Shah Afridi and Naseem Shah, medium-pacer Aamer Jamal and frontline spinner Abrar Ahmed.

An impressive Jamal took 18 wickets against Australia in three Tests in his debut series earlier this year, but missed the Bangladesh series with a back problem. He also contributed 143 runs.

“With Jamal we get an edge in the seam department,” said Masood.

With James Anderson and Stuart Broad retired, Mark Wood injured and Ollie Robinson not selected, none of England’s pace bowlers from the 2022 series remain.

But Masood cited Gus Atkinson and Brydon Carse as threats.

“You cannot under-estimate anyone and need to be more cautious against any unknown player,” said Masood.

The second match is also in Multan, from October 15, with the final Test in Rawalpindi beginning October 24.

Squads

Pakistan: Shan Masood (captain), Saud Shakeel, Saim Ayub, Abdullah Shafique, Babar Azam, Mohammad Rizwan, Salman Ali Agha, Aamir Jamal, Shaheen Afridi, Naseem Shah, Abrar Ahmad

England: Ollie Pope (captain), Gus Atkinson, Shoaib Bashir, Harry Brook, Brydon Carse, Zak Crawley, Ben Duckett, Jack Leach, Joe Root, Jamie Smith, Chris Woakes