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. 


Pakistan PM vows to ‘break any hand’ threatening relations with Saudi Arabia

Updated 7 sec ago
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Pakistan PM vows to ‘break any hand’ threatening relations with Saudi Arabia

  • Statement comes after Imran Khan’s wife released a video message widely viewed as critical of the Kingdom
  • Pakistan and Saudi Arabia are close allies, with nearly 3 million Pakistanis living and working in the Kingdon

ISLAMABAD: Prime Minister Shehbaz Sharif on Friday vowed strict action against anyone attempting to undermine Pakistan’s close relations with Saudi Arabia, declaring that his government would “break any hand” threatening ties between the two nations.
Sharif’s statement appeared to reference recent remarks by Imran Khan’s wife, Bushra Bibi, who in a rare public message on Thursday assured state institutions that her jailed husband would not seek revenge against political opponents if he returned to power.
She also made remarks in her video message that were widely viewed as implying that the Saudi government had opposed Khan when he was prime minister from 2018-22.
“Such venom-spitting is an unforgivable crime,” Sharif said while addressing a ceremony on Friday. “I, as the prime minister of Pakistan, want to announce that the nation will break any hand trying to undermine the Pakistan-Saudi friendship.”
“This is not a joke,” he continued. “The allegation is beyond understanding. The biggest national interest is being slaughtered to serve the short-term political interest.”
He criticized the former first lady, whose husband’s PTI party is currently in opposition, saying that the Kingdom had never demanded anything in return from Pakistan for extending economic and diplomatic support but instead always “opened its doors.”
“I think there can be no greater enmity against Pakistan than this [issuing such comments],” he said, adding that Khan’s Pakistan Tehreek-e-Insaf (PTI) party was sacrificing the country’s interest for its political interests.
Sharif said “no one will be allowed to play” with Pakistan’s interests when it concerned “brotherly allies” such as Saudi Arabia.
Earlier, Defense Minister Khawaja Asif also addressed the issue in a press conference, highlighting that over 2.8 million Pakistanis were working in the Kingdom, sending billions of dollars in remittances back to their country every year.
“Our cordial and friendly relationship with Saudi Arabia should not be affected due to someone’s political gains,” he said. “Such a controversial statement is an effort to save PTI’s sinking ship.”
Khan was ousted from the prime minister’s office in a parliamentary vote of no-confidence in 2022, alleging that he was removed by his political rivals and the all-powerful military at the behest of the United States. All three parties deny the accusation.
The cricketer-turned-politician has been in prison since August last year, facing a slew of legal challenges. He denies any wrongdoing, claiming that all cases against him are politically motivated to keep him in jail.
His PTI party is set to kick off a “long march” to stage a protest in Islamabad on Nov. 24, aiming to pressure the government into releasing Khan from prison. Authorities have refused to grant permission to hold the gathering and imposed a ban on public assembly in the capital for two months.


Pakistani stocks break psychological 99,000 barrier on optimism over rates, reserves

Updated 22 November 2024
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Pakistani stocks break psychological 99,000 barrier on optimism over rates, reserves

  • An analyst attributes the intraday rally to broad-based gains across most economic sectors
  • The stock market has remained bullish since the government slashed policy rate in November

ISLAMABAD: The Pakistan Stock Exchange (PSX) on Friday breached a major psychological barrier, surging past 99,000 points during intra-day trading before settling at 97,798.23, as analysts attributed the rally to investor optimism driven by falling lending rates and higher foreign exchange reserves.
The benchmark KSE-100 index climbed 2,057.40 points by 11:10 am, reaching 99,385.79 points from the previous close. However, the index closed at 97,798.23, marking an increase of 469.84 points or 0.48 percent.
Analyst Ahsan Mehanti of Arif Habib Corporation said bank levies on large deposits, surging global oil prices, and rupee stability were fueling investor optimism.
“Stocks remained bullish, led by scrips across the board, as investors weighed falling lending rates and the imposition of bank levies on large deposits following a drop in government bond yields,” he told Arab News. “Surging global crude oil prices, rupee stability, and higher forex reserves played a catalytic role in the record surge at the PSX.”
Last month, Pakistan’s external current account recorded a surplus of $349 million, marking the third consecutive month of surplus and the highest in this period. The current account reflects a nation’s transactions with the world, encompassing net trade in goods and services, net earnings on cross-border investments and net transfer payments.
A surplus indicates that a country is exporting more than it is importing, thereby strengthening its foreign exchange reserves.
A bullish trend has been observed in the stock market since Pakistan’s central bank cut its key policy rate by 250 basis points, bringing it to 15 percent earlier this month. Economic indicators have also steadily improved since securing a 37-month, $7 billion bailout from the International Monetary Fund (IMF) in September.
In the past, the country faced a prolonged economic crisis that drained its foreign exchange reserves and saw its currency weaken amid double-digit inflation. Last year, Pakistan narrowly avoided a sovereign default by clinching a last-minute $3 billion IMF bailout deal.


US vows to be ‘steadfast partner’ after deadly attack in Pakistan’s Kurram district

Updated 22 November 2024
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US vows to be ‘steadfast partner’ after deadly attack in Pakistan’s Kurram district

  • American diplomatic mission says Pakistanis deserve to live free from harm, danger and threat
  • It offers condolences to victims’ families after 41 people were killed by unknown gunmen this week

KARACHI: The United States on Friday condemned a deadly attack in Pakistan’s Kurram district that killed 41 people this week, reaffirming its commitment to stand with Pakistan in ensuring the safety of its citizens against such militant attacks.
Unidentified gunmen targeted vehicles carrying Shiite community members in the Kurram district of Khyber Pakhtunkhwa province on Thursday, in one of the deadliest sectarian attacks in recent years. The assault, which also left many critically injured, occurred in a region already plagued by deadly clashes in recent months.
“The United States will remain a steadfast partner as Pakistan works to ensure the safety and security of all its citizens,” Jonathan Lalley, the spokesperson of the US diplomatic mission in Pakistan, said in a statement. “We stand in solidarity with Pakistan and the people of Khyber Pakhtunkhwa in this difficult time.”
Lalley expressed condolences to the victims’ families and called for a full recovery for the injured.
“The Pakistani people deserve to live free from harm, danger, and threat, and to feel protected and secure in their daily lives,” he added.
No group has claimed responsibility for the attack, which followed the reopening of a key highway in the region after it was closed for weeks due to sectarian violence.
Kurram, a volatile district near the Afghan border, has been a flashpoint for sectarian clashes between Sunni and Shiite communities, adding to the challenges of maintaining security in the area.
The US-Pakistan forged a counterterrorism partnership in the aftermath of the September 11, 2001, attacks, to address regional security challenges. Over the years, however, the relationship faced friction, while the US-led international forces were in Afghanistan.
Despite the tensions, both countries reaffirmed their commitment to security cooperation and counterterrorism efforts, especially in the wake of the US military withdrawal from Afghanistan in 2021.
The commitment to security partnership reflects a shared goal of combating extremism and ensuring regional stability.
 


Pakistan, Malaysia agree to enhance military cooperation with focus on air force training

Updated 22 November 2024
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Pakistan, Malaysia agree to enhance military cooperation with focus on air force training

  • Malaysian air chief praises PAF’s advancements in indigenization on his first Pakistan visit
  • His Pakistani counterpart reaffirms commitment to training Malaysian Air Force personnel

ISLAMABAD: Pakistan and Malaysia have agreed to deepen bilateral military cooperation, with a particular emphasis on joint training and air power collaboration, Pakistan’s military said on Friday.
The understanding was reached during a meeting between Pakistan Air Force (PAF) Chief Air Chief Marshal Zaheer Ahmed Baber Sidhu and Royal Malaysian Air Force Chief General Tan Sri Dato’ Sri Mohd Asghar Khan bin Goriman Khan at Air Headquarters in Islamabad.
“The [Pakistan] Air Chief reaffirmed his commitment to enhancing military partnership between the two Air Forces through joint training initiatives, particularly within the realm of air power,” the Inter-Services Public Relations (ISPR) said in a statement. “These initiatives will encompass provisioning of both basic and tactical level training for personnel of the Malaysian Air Force.”
The Malaysian air chief, making his first visit to Pakistan, praised the PAF’s advancements in indigenization and technological innovation. He also expressed interest in bolstering ties through enhanced collaboration in training, maintenance and operational excellence.
The meeting included discussions on defense cooperation, joint exercises and technology sharing, ISPR said, highlighting the robust defense relationship between the two nations.
During his visit, the Malaysian official toured the National Aerospace Science & Technology Park Silicon and the PAF Cyber Command, where he was briefed on Pakistan’s advanced operational capabilities.
He also lauded the innovative projects displayed at the ongoing International Defense Exhibition IDEAS-2024 in Karachi.
Earlier, the Malaysian air chief was presented with a guard of honor upon his arrival, ISPR added.


Pakistan government doubles down on preventing Imran Khan’s Nov. 24 protest

Updated 22 November 2024
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Pakistan government doubles down on preventing Imran Khan’s Nov. 24 protest

  • Interior Minister Mohsin Naqvi warns no talks if Khan’s PTI proceeds with the protest
  • Ex-premier’s party plans a ‘long march’ to Islamabad, seeking his release from prison

ISLAMABAD: Pakistan’s Interior Minister Mohsin Naqvi on Friday vowed to implement the Islamabad High Court’s (IHC) order, refusing to allow former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party to stage the Nov. 24 protest in the federal capital demanding his release.
The PTI has announced a “long march” to Islamabad, primarily to pressurize the government to end Khan’s imprisoned that has lasted for over a year on what his party contends are politically motivated charges. The protest also aims to raise PTI’s voice against alleged rigging in the February 8 general elections while calling for measures to ensure judicial independence, which the party says has been undermined by the 26th constitutional amendment.
Only a day earlier, the IHC directed the government to form a committee to engage in talks with the PTI, emphasizing the need to avoid disruptions during the three-day visit of Belarusian President Aleksandr Lukashenko to discuss bilateral economic cooperation. The court expressed hope that the PTI would allow “meaningful communication” with the administration while acknowledging that the maintenance of law and order would be the government’s priority if there was no breakthrough between the two sides.
Addressing the media in Islamabad alongside the capital city’s chief commissioner and police chief, the interior minister highlighted that no rally, march or protest would be allowed in the federal capital owing to the Belarusian president’s visit to the country, as per the IHC order.
“No one will be allowed to stage a rally or protest in Islamabad in compliance with the high court order,” Naqvi said. “After the IHC order, we will implement it 100 percent at any cost. We are bound by the law to implement it.”
Regarding the IHC directions to hold talks with the PTI party leadership, the minister said he would speak to Prime Minister Shehbaz Sharif in the evening to constitute a committee “but definitely if they stage a protest, this [negotiation] will get difficult.”
Islamabad’s district magistrate has already imposed a two-month ban on the gathering of more than five people in the capital using Section 144 of the Criminal Procedure Code (CrPC), which allows the government to prohibit various forms of political assembly, gatherings, sit-ins, rallies, demonstrations and other activities for a specified period.
In response to a question about whether the government was in touch with Adiala Jail, where ex-premier Khan is currently incarcerated, Naqvi said he has no contact with anyone there.
The interior minister also highlighted that the capital city’s administration did not receive any application from the PTI to stage a protest.
He made it clear that people violating the court orders would be responsible if there was any loss of life during the Nov. 24 protest.
Naqvi also said that he agreed with the residents of Islamabad that shops, roads, businesses and mobile signals should not be shut down but noted there was no other way of dealing with such protests.
“If they want to come and protest [in Islamabad], I’ll be the one who will say that no talks should take place,” he concluded. “If they want to hold talks, they should do it in a proper manner. This is no way that on one side they protest and on the other call for talks.”
Earlier this week, Pakistan’s interior ministry had authorized the deployment of paramilitary Punjab Rangers and Frontier Corps troops in Islamabad 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.