In a first, Pakistan top court live-streams hearing on law curtailing chief justice’s powers

The screengrab taken from Pakistan's state-run media shows Chief Justice of Pakistan, Qazi Faez Isa (center), charing a full court bench on hearing of multiple petitions challenging the Supreme Court (Practice and Procedure) Act 2023 in Islamabad, Pakistan, on September 18, 2023. (Photo courtesy: PTV News)
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Updated 18 September 2023
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In a first, Pakistan top court live-streams hearing on law curtailing chief justice’s powers

  • The outgoing government passed the law amid a standoff with the judiciary over holding snap polls in two provinces 
  • The law cuts down chief justice’s powers to constitute panels, hear appeals, assign cases to judges on his team 

ISLAMABAD: In a first for Pakistan, the Supreme Court on Monday began live-streaming hearing of multiple petitions against a law that curtails the powers of the country’s top judge, a day after a new chief justice widely believed to be an activist judge took office. 

The law, the Supreme Court (Practice and Procedure) Act 2023, deprived the office of the Chief Justice of Pakistan of powers to take suo motu notices in individual capacity, hear appeals and assign cases to other judges. It proposed a three-member committee led by the chief justice to decide on the matters with a majority vote. 

The outgoing government of Prime Minister Shehbaz Sharif had tabled the draft law in parliament amid a tussle with the apex court, particularly former chief justice Umar Ata Bandial, after he had initiated proceedings through a suo motu notice for snap elections in the Punjab and Khyber Pakhtunkhwa provinces. 

The court ruled that snap polls should be held in both provinces within 90 days of the dissolution of assemblies in January, but the Sharif-led government defied the ruling by refusing to provide funds and security for polls in Punjab. The Pakistan parliament passed the Supreme Court (Practice and Procedure) Act 2023 in April, curtailing the top judge’s powers, but it was suspended shortly afterwards by the outgoing chief justice. 

After taking oath on Sunday, Chief Justice Qazi Faez Isa constituted a full court, comprising all 15 judges of the Supreme Court, to hear the petitions challenging the Supreme Court (Practice and Procedure) Act 2023 on Monday. The decision to broadcast the case proceedings, the first in the country’s history, came after a full court meeting this morning. 

“Some of us have heard this matter and some of us are going to hear for the first time,” Chief Justice Isa said in his remarks at the outset of the hearing. 

“There was a question because since the bench no longer, one member of the bench has retired, to constitute it. The question also had a reason whether I should be a part of the bench, then the related question would arise should the other two members (two senior judges apart from the chief justice who were part of the committee) be part of the bench... so, I think the best way to resolve it was to constitute a full court.” 

Advocate Khawaja Tariq Rahim, one of the petitioners, contended that parliament was not “omnipotent” and it had to go according to certain constitutional limitations. 

To which, Chief Justice Isa responded by asking the counsel to not insert words which were not written in the law. “This law doesn’t say that parliament is omnipotent,” he said. 

Rahim called the law an “intrusion” by parliament into the affairs of the Supreme Court, which he said prompted him to come forward and file a petition against it. 

“I feel every institution must remain within its own domain,” he said. 

At this Justice Athar Minallah asked Rahim if he could formulate his exact legal proposition. 

To which, the petitioner replied, “My legal proposition is this that this power of forming the benches etc is the domain of the Supreme Court itself.” 

Rahim’s contentions were followed by arguments from another counsel of the petitioners, Imtiaz Siddiqui, before the court adjourned for a break at around 230pm. 

Ahead of the hearing on Monday, Attorney General for Pakistan (AGP) Mansoor Usman Awan submitted the federal government’s response in the matter, requesting the court to reject the petitions against the law. 

The full court comprised Chief Justice Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali. 

During the previous hearing in June, similarities between the Supreme Court (Review of Judgments and Orders) Act 2023, which relates to the right to appeal in suo motu cases, and the Supreme Court (Practice and Procedure) Act 2023 were discussed, with Attorney General for Pakistan (AGP) Mansoor Usman Awan saying that parliament could look into “harmonizing” the two laws. 

Welcoming the proposal, the then-chief justice had said the federal government should take the top court into consideration, when making any legislation related to the judiciary. 


Four soldiers, five militants killed in northwest Pakistan operation — military

Updated 11 sec ago
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Four soldiers, five militants killed in northwest Pakistan operation — military

  • Security forces, militants traded fire in Karama area in South Waziristan, says military’s media wing
  • Pakistani has suffered surge in militant attacks since November 2022 in areas bordering Afghanistan

ISLAMABAD: Four Pakistani soldiers and five militants were killed during a gunbattle in the country’s restive northwestern Khyber Pakhtunkhwa (KP) province, the army’s media wing said on Thursday, as Islamabad grapples with surging militancy.
The exchange of fire between security forces and militants took place in South Waziristan’s Karama area on Wednesday, the Inter-Services Public Relations, the army’s media wing, said in a statement.
The army said four Pakistani soldiers were killed during the exchange of fire. These included Naib Subedar Taib Shah, 38, Lance Naik Gulab Zaman, 30, Lance Naik Muzammil Mehmood, 30 and Lance Naik Habibullah, 28.
“Resultantly, five Khwarij were sent to hell due to effective engagement by own troops,” the ISPR said, referring to the term the military uses for the Pakistani Taliban militants.
The army said it was conducting a sanitization operation in the area to eliminate any other militants.
“Security Forces of Pakistan are determined to wipe out the menace of terrorism and such sacrifices of our brave soldiers further strengthen our resolve,” it concluded.
Pakistan has been witnessing a spike in militant violence in its northwestern and southwestern regions that border Afghanistan, particularly after the Pakistan Taliban or the Tehreek-e-Taliban Pakistan (TTP) called off its fragile truce with the government in Islamabad in November 2022.  
The militant group, which is said to have sanctuaries in neighboring Afghanistan, is separate from but a close ally of the Afghan Taliban. 
Ties between Islamabad and Kabul have been strained as the former accuses the latter of sheltering TTP militants. Afghanistan denies the allegations and has urged Pakistan to resolve its security challenges internally. 


Pakistan says Trump election as US president won’t affect China ties

Updated 48 min 52 sec ago
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Pakistan says Trump election as US president won’t affect China ties

  • FO spokesperson says Pakistan wants to strengthen and broaden relationship with US 
  • Says Pakistan and US maintain ties via mutual respect, confidence and non-interference

ISLAMABAD: Pakistan said on Thursday its relations with key longtime ally China would remain “unaffected” by Donald Trump winning the US presidential election, as Islamabad walks a diplomatic tightrope between the two global powers.
Pakistan maintains a delicate balance in its relations with China and the US. While aligned with the US for military cooperation and counter-terrorism efforts, Pakistan has strengthened economic ties with Washington’s rival China through initiatives like the China-Pakistan Economic Corridor (CPEC).
Washington and Beijing’s ties remain strained as they compete for global influence, with the US seeking to maintain its dominance and China aiming to expand its reach. The two countries are often embroiled in disagreements over trade, Taiwan, the South China Sea and China’s Belt and Road Initiative.
This complex rivalry impacts Pakistan as it navigates its strategic partnerships with both world powers while grappling with a prolonged economic crisis.
“Pakistan’s relations with China are all-weather,” Foreign Office Spokesperson Mumtaz Zahra Baloch said during a weekly press briefing when asked if Trump’s victory will affect the country’s China policy.
“They are strategic and a source of stability in our foreign policy.” 
Baloch said Islamabad does not even need to consider the possibility that its relationship with China will be affected by any domestic development in another country.
She stressed that Pakistan’s relations with China have grown and expanded over the last several decades, emphasizing that the relationship remained immune to developments around the world.
Baloch dismissed claims that President-elect Trump could influence Pakistan’s politics as speculative, emphasizing that Pakistan and the US were “old friends” maintaining relations based on mutual respect, confidence, and non-interference.
In response to another question, the spokesperson said President Asif Ali Zardari and Prime Minister Shehbaz Sharif had already congratulated President-elect Trump on his presidential election win.
“Our relations with the United States are decades old, and we look forward to further strengthen and broaden Pakistan-US relationship in all fields,” she added. “As the Deputy Prime Minister said in a tweet yesterday, we look forward to fruitful and mutually beneficial cooperation between Pakistan and the United States.”
Pakistan and the US cultivated strong defense ties during the Cold War days yet their relationship was also tested by divergent priorities on various issues. 
However, tensions between the two countries escalated, particularly after 9/11, when US officials criticized Pakistan for not sufficiently supporting the American military efforts against the Taliban in Afghanistan.
Washington and Islamabad’s ties were further strained as the former suspected the latter of supporting the Taliban in its 2021 takeover of Kabul, allegations which Islamabad rejected. Tensions rose further in 2022 when former PM Imran Khan accused the Biden administration of orchestrating his ouster via a parliamentary vote, a charge the US denied. 
Pakistan, under Shehbaz Sharif’s two separate stints as prime minister in 2022 and 2024, has made attempts to improve its ties with the US.


Pakistan rejects reports of joint military operation with Iran against Baloch militant group

Updated 07 November 2024
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Pakistan rejects reports of joint military operation with Iran against Baloch militant group

  • Militant outfit Jaish Al-Adl claimed Pakistani, Iranian forces killed 12 of its members in joint operation in Saravan on Tuesday
  • Pakistani security forces conducted operation alone within its territory this week against smugglers, says FO spokesperson

QUETTA: Pakistan’s foreign office spokesperson on Thursday rejected reports that Islamabad and Tehran launched a joint military operation in the country’s southwestern border area this week to kill 12 militants, describing it as “fake news” despite a banned militant group claiming the action took place.
The spokesperson’s remarks followed militant outfit Jaish Al-Adl’s statement this week in which it claimed Pakistan and Iran’s forces on Tuesday carried out airstrikes against its fighters in the Iranian border city of Saravan, near Pakistan’s Panjgur district in Balochistan. It said the strikes killed 12 of its members and injured four others.
Iranian rights organization Halvash had also confirmed the development on social media platform X.
“First, I would like to state that this information is not correct. This is fake news,” Mumtaz Zahra Baloch, Pakistan’s foreign office spokesperson, said during her weekly press briefing. 
“Statement by terror groups should not be taken seriously.”
Baloch, however, confirmed Pakistani security forces had conducted an operation west of Panjgur to root out smugglers in southwestern Balochistan province.
“The operation took place 30 kilometers within our territory against smugglers, and this was undertaken by Pakistani security forces alone,” she disclosed.
Balochistan Levies, a paramilitary force responsible for law and order in the restive province, confirmed they received reports of an attack in Koh e Sabz area located 70 kilometers from Panjgur city on Tuesday.
“Three people were injured in the attack but we don’t know who carried out the attack in the remotest bordering area,” Shakeel Ahmed, a Levies soldier in Panjgur, told Arab News.
Ahmed said the paramilitary force did not know how many people were killed in the attack since Levies did not receive any bodies in Panjgur.
A local journalist in Panjgur said three persons injured in the alleged attack on Tuesday belonged to Peshawar, Karachi and Washuk cities of Pakistan. He said they were brought to Panjgur for medical treatment.
“The government officials in the district did not confirm the attack yet,” he told Arab News, speaking on condition of anonymity.
HISTORY OF ROCKY RELATIONS
Pakistan and Iran have had a history of rocky relations despite a number of commercial pacts between the two countries, with Islamabad being historically closer to Washington.
One of Iran’s poorest regions, Sistan-Baluchestan on the border with Pakistan has long been plagued by unrest involving drug-smuggling gangs, rebels from the Baloch minority and religiously motivated militants.
Jaish Al-Adl or “Army of Justice” has claimed responsibility for several attacks on Iranian forces in Sistan and Baluchestan over the years, straining ties between the two Muslim-majority countries.
Pakistan and Iran came to the brink of war in January this year after both countries launched cross-border strikes against armed groups and their hideouts operating in border villages.
Regarding this week’s visit by Iran’s foreign minister to Islamabad, Baloch said both sides had agreed to strengthen coordination on border areas.
“Both sides agreed that we will cooperate to ensure that the border between Pakistan and Iran will be a border of peace and amity, and we will strengthen coordination on all aspects of border security,” she said.


Pakistan stock market closes above 92,000 points thrice in a row after policy rate cut

Updated 07 November 2024
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Pakistan stock market closes above 92,000 points thrice in a row after policy rate cut

  • KSE-100 index climbs 499 points or 0.54 percent to close at 92,520.48 points on Thursday
  • Analysts say market responding to reduced interest rates, move to restart privatizations

ISLAMABAD: The Pakistan Stock Exchange (PSX) closed above 92,000 points for the third time in a row on Thursday, with analysts attributing the bullish trend to market volatility triggered by reduced interest rates and investors selling their stocks for profit. 
Pakistan’s benchmark index settled at 92,304.32 points on Tuesday and 92,021.44 points on Wednesday. As per the stock market’s official website, the benchmark KSE-100 index increased by 499 points or 0.54 percent on Thursday to close at 92,520.48 points. 
The bullish trend has been observed in the market since Monday when Pakistan’s central bank cut its key policy rate by 250 basis points to 15 percent. This was the fourth straight reduction since June, as the country keeps up efforts to revive a sluggish economy with inflation easing.
“The market is responding to reducing interest rates and, importantly, is also picking up on the government’s razor-sharp focus on the economy evidenced by the push to increase tax-to-GDP, attract FDI, and restart privatizations,” Raza Jafri, chief executive officer of leading financial services corporation EFG Hermes Pakistan, told Arab News.
He highlighted how lower interest rates were helping in creating valuation multiples at the KSE-100 but their “positive impact on the real economy will come with a lag.”
Jafri said the rally this year was led by banks, fertilizers and pharmaceuticals, adding that a rotation toward the construction, auto and oil marketing sectors more aligned with economic recovery was witnessed.
“An analyst at Topline Securities said the market showed notable volatility, with the index reaching a peak of 92,967 and dipping to a low of 91,891 as investors capitalized on profit-taking in large-cap stocks,” Topline Securities said in a social media post.

The development comes as the South Asian nation’s economic indicators continue to improve after it secured a $7 billion, 37-month bailout package from the International Monetary Fund (IMF) in September. 
Last year, Pakistan narrowly avoided a sovereign default when it clinched a last-gasp $3 billion IMF bailout program. The country has suffered a prolonged economic crisis that drained its foreign exchange reserves and saw its currency weaken amid double-digit inflation.


Pakistan court remands ex-PM Khan’s acquittal petition to trial court in graft case

Updated 07 November 2024
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Pakistan court remands ex-PM Khan’s acquittal petition to trial court in graft case

  • Khan and his wife are accused of receiving expensive land through trust as bribe from real estate tycoon
  • IHC has instructed Pakistani trial court to announce decision on Khan’s acquittal petition, says his party

ISLAMABAD: The Islamabad High Court (IHC) on Thursday remanded former prime minister Imran Khan’s acquittal petition back to a trial court in a corruption case in which he is accused of receiving land as bribe from a real estate tycoon, his Pakistan Tehreek-e-Insaf (PTI) party said. 
The corruption case against Khan, or the Al-Qadir Trust case as it has become popularly known, involves accusations that the former prime minister and his wife, Bushra Bibi, set up a charitable trust named Al-Qadir in 2018 as a front to receive valuable land as gift from real estate developer Malik Riaz Hussain. 
The Al-Qadir Trust runs a university outside Pakistan’s capital Islamabad devoted to spirituality and Islamic teachings, a project inspired by Khan’s wife who has a reputation as a spiritual healer. Khan and his wife deny any wrongdoing, saying that charges against them are politically motivated. 
In August, the IHC issued a temporary stay barring a trial court from issuing the final order in the case. The former prime minister filed an acquittal plea, which was turned down by an accountability court in September.
“IHC two-member bench has remanded the acquittal petition by Mr. & Mrs. Khan back to the trial court in Al-Qadir Trust case,” the PTI said in a statement. 
The party said the defense counsel had argued that “no personal gains” received by Khan could be established in the case and that the trustees had not benefitted from any transaction. 
“IHC has instructed the trial court to announce the decision on the acquittal petition,” the PTI said. “We are hopeful it’ll lead to ordering the release of both Mr. & Mrs. Khan.”
HOW DID THE BRIBE ALLEGEDLY WORK?
Pakistan’s government says the controversy originated with 190 million pounds repatriated to Pakistan in 2019 by Britain after Hussain forfeited cash and assets to settle a British probe into whether they were proceeds of crime.
Instead of putting it in Pakistan’s treasury, Khan’s government used the money to pay fines levied by a court against Hussain for illegal acquisition of government lands at below-market value for development in Karachi.
Pakistan’s then interior minister Rana Sanaullah said Hussain gave the land to Khan through the Al-Qadir Trust in exchange for that favor. 
Khan, who was removed from office after losing a parliamentary vote in April 2022, continues to remain popular among the masses. He has been languishing in jail since August 2023 after being convicted in four cases. Pakistan’s courts suspended two of the verdicts against Khan while he was acquitted in the remaining two.
Since his ouster from the Prime Minister’s Office, Khan has led a campaign of unprecedented defiance against the country’s powerful military, whom he accuses of colluding with his political rivals to orchestrate his removal and keeping him imprisoned. 
The military and incumbent coalition government deny Khan’s allegations vehemently.