Supreme Court orders Punjab polls on May 14, putting judiciary on collision course with government

Police officers stand guard outside the Supreme Court to ensure security, in Islamabad, Pakistan, on April 4, 2023. (AP)
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Updated 04 April 2023
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Supreme Court orders Punjab polls on May 14, putting judiciary on collision course with government

  • Court says election regulator not authorized to extend election date beyond 90 days period stipulated by constitution
  • Directs federal government to provide Rs21 billion funds to ECP by April 10, make security arrangements for elections

ISLAMABAD: The Supreme Court on Tuesday ruled that a decision by the election regulator to postpone polls in Pakistan’s most populous Punjab province to October 8 was unconstitutional and announced elections on May 14, a verdict likely to worsen a row between the higher judiciary and the federal government which wants provincial elections held on the same time as national polls.

The landmark ruling comes after days of hearings in the Supreme Court on a petition filed by ex-premier Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party over the Election Commission of Pakistan (ECP)’s decision last month to postpone elections in Punjab from April 30 to October 8.

“Neither the Constitution nor the law empowers the Commission to extend the date of elections beyond the 90 days period as provided in Article 224(2) of the Constitution,” the six-page judgment said, declaring the election regulator’s decision to postpone the election date “unconstitutional.”

“The polling day perforce must be shifted, and moved forward from 30.04.2023 to 14.05.2023.”

Speaking to reporters, Law Minister Azam Nazeer Tarar said he felt “pain and regret” at the decision by the three-judge bench.

“This will make the political crisis that we see today deeper and more serious,” he added.

The law minister said there was a perception of division within the country’s judiciary:

“To eliminate this perception, as the head of the institution, the chief justice should have taken this important constitutional and legal issue to a larger bench,” Tarar said, urging the chief justice to call a full court meeting to discuss the issue to avoid Pakistan descending into “chaos.”

Provincial assemblies in the Punjab and Khyber Pakhtunkhwa provinces were dissolved in January by Khan and his allies in a 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 fulfil 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 later said 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 PTI party then approached the Supreme Court, which has since been debating whether the ECP’s postponement decision was legal.

At Tuesday’s hearing, the court ruled that the election commission’s order to postpone polls had wasted 13 days, directing the federal government to release the required election funds of Rs21 billion to the ECP by April 10 and make security arrangements for election duty.

“Without prejudice to the generality of the foregoing, the Federal Government must make available all necessary personnel, whether from the Armed Forces, Rangers, Frontier Constabulary and all other forces under the direct, indirect or ultimate command and control of the said Government, as are required by the Commission for security and other purposes related to the general elections,” the judgment said. 

“In this regard, the Federal Government must forthwith, and not later than 17.04.2023, provide a plan acceptable to the Commission.”

As per the court order, the election commission is bound to issue a final list of candidates on April 19 and allot election symbols to all candidates on April 20.

During previous hearings in the case, the election commission had assured the court it would hold the elections if it was provided with the required funds and security for election duty.

Khan’s party has welcomed the judgment, calling it ‘historic and constitutional’ and urging all other political parties to create a “conducive environment” for peaceful polls in Punjab.

“It is a clear, historic and constitutional judgment,” PTI lawyer Ali Zafar told reporters after the court released its judgment. “The constitutional supremacy stands proven today through this verdict.”

Senior PTI leader Shah Mahmood Qureshi called the verdict a “watershed moment” in Pakistan’s political history.

“A clear line has been drawn [to differentiate] between democratic powers, constitutional powers and unconstitutional powers,” Qureshi told reporters outside the court, commenting on the verdict.




Shah Mahmood Qureshi, center, a leader of former premier Imran Khan's Tahreek-e-Insaf party, is surrounded by party leaders and workers as he speaks outside the Supreme Court following court decision regarding provincial elections, in Islamabad, Pakistan, on April 4, 2023. (AP)

The PTI leader urged the party’s followers and leaders to start preparing for elections: “Prepare yourself to be the next government of Pakistan and the next government of Punjab, god willing.”

The verdict in the election delay case comes as, separately, Pakistan’s parliament has passed a new law to curtail the powers of the Supreme Court’s chief justice amid a row between the higher judiciary and the government on the holding of snap polls in Punjab and Khyber Pakhtunkhwa.

The government says it is economically not viable to hold the snap elections in Punjab and Khyber Pakhtunkhwa first and then have another general election this year in October.

The Supreme Court last month ordered the snap polls to be held in the two provinces within 90 days of the dissolution of the two local governments, which falls by April 30.


Pakistan telecom regulator affirms support for ‘positive use’ as VPN ban deadline looms

Updated 14 sec ago
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Pakistan telecom regulator affirms support for ‘positive use’ as VPN ban deadline looms

  • PTA says businesses can use VPNs by registering with government but unregistered VPNs will be blocked after Nov. 30
  • Rights activists say government wants to block vital tools that allow users to bypass restrictions amid digital crackdown

ISLAMABAD: The chairman of the Pakistan Telecommunication Authority (PTA), Major General (r) Hafeezur Rehman, said this week the body would facilitate the “positive use” of virtual private network (VPN) services even as the government was determined to move ahead with plans to block unregistered VPNs by the end of this month.
The PTA says businesses and freelancers can continue to legally use VPNs by registering with the government, but unregistered VPNs will be blocked in Pakistan after Nov. 30. Authorities say the measures are meant to deter militants and other suspects who use VPNs to conceal their identities and spread “anti-state propaganda” and promote “blasphemous” or other illegal content online.
Digital rights activists say the move is part of government attempts to block vital tools that allow users to bypass restrictions amid a wave of digital crackdowns, particularly since the use of VPNs has sharply risen in Pakistan since February this year when the government banned X. 
The federal government is also moving to implement a nationwide firewall to block malicious content, protect government networks from attacks, and allow the government to identify IP addresses associated with what it calls “anti-state propaganda” and terror attacks. Internet speeds have dropped by up to 30-40 percent over the past few months due to the firewall, according to the Wireless and Internet Service Providers Association of Pakistan (WISPAP).
“We don’t say to block the VPNs but to regulate the VPNs,” the PTA chairman said on Thursday during an address at Youth Safety Summit Pakistan, jointly organized by TikTok and the PTA.
“If somebody needs VPN for the business purposes, for some positive use, nobody will stop him, let me reassure you, we will facilitate him.”
Rehman said the authority issued its first letter for VPN registration back in December 2010.
“It is now 15 years,” he said. “We have been pushing people to please register with us so that their business is not disturbed.”
The PTA chairman urged TikTok and other social media platforms to use artificial intelligence tools to “block anti-state and blasphemous content.”
“This summit marks a significant step in our mission to secure a safe and inclusive digital environment for Pakistan’s youth,” Rehman said. “PTA remains steadfast in its efforts to implement innovative measures that protect children online and promote a digitally responsible society.”
Emir Gelen, the director of government relations and public policy at TikTok for the Middle East, Turkiye, Africa, Pakistan and South Asia, reaffirmed TikTok’s commitment to online safety at the summit. 
“At TikTok, we are committed to ensuring the online safety and well-being of our users, particularly children and youth,” he said.
“We believe that this summit marks an important step toward creating a safer online environment in Pakistan … We’re dedicated to promoting digital literacy and online safety through our initiatives, and we look forward to continuing our collaboration with the PTA to achieve this goal.”
In August, the Pakistan Business Council (PBC) warned that frequent Internet disruptions and low speeds caused by poor implementation of the national firewall had led many multinational companies to consider relocating their offices out of Pakistan, with some having “already done so.” The Pakistan Software Houses Association (P@SHA), the country’s top representative body for the IT sector, warned this week Internet slowdowns and the restriction of VPN services could lead to financial losses and closures and increase operational costs for the industry by up to $150 million annually.
Pakistan’s IT and ITeS exports have been growing at an average of 30 percent per year, and are on the way to achieve over $15 billion in the next 5 years, according to industry data, provided the government ensures continuity in export, fiscal, financial, SME, infrastructure and IT policies.
“If the VPNs are blocked, most of IT companies, Call Centers, BPO [business process outsourcing] organizations of Pakistan will lose all the major Fortune 500 clients, as well as others – as data protection and cybersecurity are of paramount importance to our clients, and connecting to client systems through VPN is a global norm and standard, and is a basic requirement and expectation of clients around the world,” P@SHA Chairman Sajjad Mustafa Syed said in a statement released on Tuesday.
“Additionally, no international company of any size tolerates any intrusion into their security protocols by any private or public institution.”


Pakistan consults UN agency to shape National Intellectual Property Strategy

Updated 9 min 51 sec ago
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Pakistan consults UN agency to shape National Intellectual Property Strategy

  • Intellectual Property Organization of Pakistan emphasizes ‘culture of innovation and creativity’
  • Consultations focus on challenges, recommendations, impact of intellectual property policies

ISLAMABAD: Pakistan has held consultation sessions with a United Nations agency to develop the country’s National Intellectual Property Strategy (NIPS), state-run media reported on Thursday.
A NIPS is a comprehensive framework designed to promote and protect intellectual property rights, drive innovation and foster economic growth.
The two-day consultation sessions, which included panel discussions on challenges, recommendations and the impact of various strategies on Pakistan’s geo-economic landscape, were organized by the Intellectual Property Organization of Pakistan (IPO-Pakistan) in collaboration with the World Intellectual Property Organization (WIPO), a specialized UN agency.
“IPO-Pakistan in collaboration with WIPO successfully concluded its two-day consultative sessions for the development of Pakistan’s National Intellectual Property Strategy,” Radio Pakistan reported.
IPO-Pakistan Chairman Farukh Amil emphasized the need to cultivate a “culture of innovation, creativity and respect for intellectual property rights.”
He underscored the importance of integrating intellectual property education into industries and academia, stressing that awareness among youth and students was key to promoting innovation and creativity.
Amil also thanked WIPO for its partnership and expertise in shaping Pakistan’s National IP Strategy.
“The consultative sessions featured insightful panel discussions on three key areas: Summary of Main Challenges and Recommendations for National Intellectual Property Strategy (NIPS), Impact of IP Strategies on Pakistan’s Geo-Economic Situation, and Way Forward for National IP Strategy Development,” state media reported.
Established in 1967, WIPO plays a pivotal role in shaping global intellectual property policies while promoting innovation, creativity and economic development worldwide.
IPO-Pakistan, launched in April 2005, serves as Pakistan’s leading institution for intellectual property protection and promotion.
By streamlining intellectual property management, it contributes to the country’s economic growth and development, supporting innovators, entrepreneurs and artists to position Pakistan as a responsible member of the global intellectual property community.


Pakistan court directs government to engage with Imran Khan’s party over Nov. 24 protest

Updated 21 November 2024
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Pakistan court directs government to engage with Imran Khan’s party over Nov. 24 protest

  • Islamabad High Court says law and order remains government’s priority if there is no breakthrough
  • Chief Justice Aamer Farooq hopes PTI will have ‘meaningful communication’ with the administration

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the government to form a committee to engage in talks with Pakistan Tehreek-e-Insaf (PTI) leadership regarding the party’s planned protest in Islamabad on Nov. 24, emphasizing the need to avoid disruptions during the visit of the Belarusian president.
IHC Chief Justice Aamer Farooq issued the directive while hearing a petition by local trade association, instructing the government to constitute the committee that is preferably headed by Interior Minister Mohsin Naqvi, with Islamabad Chief Commissioner Muhammad Ali Randhawa and other officials.
The committee is tasked with negotiating with PTI leaders to address the “sensitivity over the weekend due to the movement of the President of a foreign country.”
“It would be appropriate that respondent No. 1 (government) constitute the committee ... to engage with the leadership of respondent No. 5 (PTI party), informing them of the sensitivity over the weekend,” said the court.
“In case no breakthrough is made, the law and order is the responsibility of respondents No. 1,” it continued, adding: “In this regard, no protest or rally or for that matter sit-in shall be allowed.”
Chief Justice Farooq urged the government to maintain law and order in Islamabad with “minimum disruption to the life of ordinary citizens,” expressing hope that PTI would “engage in meaningful communication” with the committee.
The court also directed a report on the matter to be submitted at the next hearing, scheduled for Nov. 27.
The directive followed a petition filed by Jinnah Super Traders Association (JSTA) President Asad Aziz, who sought the court’s intervention to prevent the PTI protest, citing disruptions to daily life and financial losses for the business community.
“Islamabad is a very expensive city with high property and rent prices,” Aziz told Arab News. “If your business is shut on top business days, how can these businessmen survive?“
He highlighted the financial strain caused by protests, particularly for shopkeepers in areas like Super Market, Jinnah Super Market and Blue Area.
Aziz claimed that 20 percent of shopkeepers had shut their businesses in recent months due to recurring disruptions caused by political demonstrations.
Protests in Islamabad have frequently caused disruptions to their lives of it residents. In September, a similar PTI demonstration led the government to lock down the city with containers, creating significant inconvenience for people and business owners.
Earlier this year, Pakistan’s parliament passed a law regulating public gatherings in Islamabad, specifying timings for rallies and designating specific areas. The law prescribes three-year jail terms for participants in illegal assemblies and 10-year imprisonment for repeat offenders.
Pakistan’s interior ministry has already approved the deployment of paramilitary forces in Islamabad to manage the anticipated law and order situation during the protests.
The security situation has also become a paramount concern due to Belarusian President Aleksandr Lukashenko’s three-day visit to Islamabad starting Monday, during which several investment deals and memorandums of understanding are expected to be signed between the two countries.
 


In rare message, Imran Khan’s wife says he won’t seek revenge if back in power

Updated 21 November 2024
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In rare message, Imran Khan’s wife says he won’t seek revenge if back in power

  • Bushra Bibi says the protest date will only change from Nov. 24 if Khan shares another public course of action
  • Her message marks a rare foray into the public eye, underscoring her emerging role as a central PTI figure

ISLAMABAD: In a rare public message on Thursday, Bushra Bibi, the wife of Pakistan’s jailed ex-prime minister Imran Khan, assured state institutions he harbors no plans for revenge upon returning to power, as she rallied support for a protest planned by Pakistan Tehreek-e-Insaf (PTI) next week.
The PTI is organizing the rally in Islamabad on November 24, demanding Khan’s release, who has been in prison since August last year following his arrest on corruption charges.
The protest also aims to highlight the party’s allegations of electoral rigging in the February 8 general elections. The planned demonstration reflects the deepening political polarization in Pakistan, with Khan’s supporters and other political factions locked in an increasingly bitter political conflict.
Khan’s combative rhetoric against state institutions, including the powerful military— whom he has accused of orchestrating his ouster in an April 2022 no-confidence vote— has further entrenched divisions.
Despite his incarceration, Khan has remained defiant, which many interpret as evidence of his determination to seek retribution against rivals if he regains power. In her video message, however, Bibi dismissed the perceptions, emphasizing Khan’s commitment to forgiveness and unity.
“I want to tell the [state] institutions that it is completely wrong to think that Khan will take revenge on anyone,” she said in the video. “Khan says taking revenge on people after coming into power is akin to inviting God’s displeasure.”
“He has said that the time he has spent in jail has brought him closer to God,” she continued. “He has also said that he has learned that when you come into power, you should open the door to forgiveness, not the door to oppression.”
Bibi’s appeal marked a rare foray into the public eye, underscoring her emerging role as a central figure in the PTI’s efforts to build momentum for Khan’s release. She remained in the same jail with Khan in a case involving the illegal sale of state gifts before her release on bail in October.
Bibi called on party supporters to participate in the November 24 rally, saying there was no plan to change the protest date.
“The date can only be changed on one condition that Khan comes out and himself announces the next course of action to the public,” she said. “Otherwise, under no circumstances can the date of Nov. 24 be changed.”
Khan’s arrest and imprisonment have become a flashpoint for political tensions in Pakistan. The PTI alleges that the cases against Khan are politically motivated, aimed at sidelining the former premier and dismantling his party.
Meanwhile, the coalition government has taken measures to suppress PTI’s rallies, citing concerns over public safety and order, particularly in light of the planned protest in Islamabad.
Bibi asked people to come out and protest in her message, calling it their duty to fighter for the rule of law in the country.
 


Pakistan government open to talks with Imran Khan’s party, refuses to allow Nov. 24 protest

Updated 21 November 2024
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Pakistan government open to talks with Imran Khan’s party, refuses to allow Nov. 24 protest

  • Interior Minister Mohsin Naqvi says negotiations cannot take place amid ‘threats’ from PTI
  • He says it is not possible to allow a rally in Islamabad ahead of a Belarusian delegation visit

ISLAMABAD: Pakistan’s Interior Minister Mohsin Naqvi on Thursday suggested the government was open to talks with former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party but ruled out allowing its planned protest in Islamabad on November 24, ahead of a high-level visit by a Belarusian delegation.
The PTI has announced a “long march” to Islamabad on November 24, primarily demanding the release of Khan, who has been imprisoned since August last year on charges the party contends are politically motivated.
Additionally, the party’s protest is also meant to raise its voice against alleged rigging in the February 8 general elections while calling for measures to ensure judicial independence, which it believes has been undermined by the 26th constitutional amendment.
On Monday, Islamabad’s district magistrate imposed a two-month-long ban on gatherings of more than five people in the capital, invoking Section 144 of the Code of Criminal Procedure. This provision allows the government to prohibit political assemblies, rallies, demonstrations, sit-ins and other activities for a specified period.
Addressing the media in Islamabad, the interior minister said the government was fully prepared to stop the protest, with Punjab police, Rangers and Frontier Constabulary (FC) troops assisting the Islamabad police in operational duties.
“Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur and Barrister Gohar Khan met Imran Khan twice in the past two days,” Naqvi said, amid speculation that the PTI leaders discussed the option of negotiating with the government. “If they wish to initiate talks [with the government], they should do it. If they want to hold talks, they should tell us.”
The minister added, however, that no talks were possible if the PTI headed to Islamabad and “wielded sticks against us” on November 24.
“Let me tell you one thing: negotiations don’t take place with threats, though I personally feel talks should take place between everyone,” he said.
In response to a question, Naqvi clarified that no talks were currently underway with Khan, who is facing a new case related to violence at a PTI rally that took place in September while the ex-premier was in jail.
Highlighting the upcoming visit of Belarus President Alexander Lukashenko and his 10 cabinet ministers to Pakistan on a three-day visit next week, Naqvi said no permission could be granted for any rally or protest in the federal capital.
He added that a decision on whether to suspend mobile signals in Islamabad ahead of the protest would be finalized by Friday night.
Just a day earlier, it emerged that Pakistan’s interior ministry had authorized the deployment of paramilitary Punjab Rangers and FC forces in Islamabad since November 7 to maintain law and order.
Pakistan’s parliament also passed a law earlier this year to regulate public gatherings in Islamabad, specifying timings for rallies and designating specific areas. The law prescribes three-year jail terms for participants in illegal assemblies and 10-year imprisonment for repeat offenders.