Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

Lawyers, some of them look on television screen, displaying the live broadcast of the proceeding from the Supreme Court of Pakistan, at the Sindh High Court Bar Association in Karachi, Pakistan September 18, 2023. (REUTERS/File)
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Updated 16 January 2024
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Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

  • Supreme Court has history of adjudicating election disputes, interpreting election laws, disqualifying politicians from office
  • Top court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law

ISLAMABAD: As Pakistan gears up for general elections next month, the superior judiciary’s role in political affairs has come under the spotlight, with both political leaders and legal experts criticizing top judges for taking a “partisan” approach in arbitrating political disputes both in the past and the present.

The Supreme Court is a key power holder in Pakistan, with a history of adjudicating election disputes, interpreting constitutional provisions related to elections, and disqualifying politicians, including prime ministers, from holding public office.

The judiciary’s imprints on politics and policymaking are wide, with top judges known to challenge, limit and collaborate with both elected and unelected centers of power and political and military leaders widely seen as co-opting and even controlling judges to align the judiciary’s interests with their own. In Pakistani politics, there is a “troika” of power between the prime minister, the army chief and the chief justice, with shifting alignments and conflicts between the three officeholders often determining the very contours of national politics.

“The worldwide phenomenon known as the judicialization of politics extends beyond political realms and notably, in Pakistan, this trend gained prominence, particularly since 2009,” legal expert Usama Khawar told Arab News.

“The judiciary’s role in pivotal decisions, such as determining eligibility for elections, has significantly increased. Many issues that would traditionally be political disputes resolved in the political arena, streets, or at the ballot box are now being adjudicated in courts.”




A man walks past the Pakistan's Supreme Court building in Islamabad, Pakistan, on January 12, 2024. (AFP)

Indeed, the Supreme Court’s political record is almost as old as Pakistan itself, born in 1947 after the end of British rule over united India.

The court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law, after which it used the principle to legalize each one of the country’s three military coups in 1958, 1977 and 1999. The judiciary has also been seen as playing handmaiden to military rulers in other ways, most famously by hanging Zulfikar Ali Bhutto, a former prime minister, in 1979 in what is still considered one of the most controversial legal judgments in Pakistani history.

In June 2012, the Supreme Court convicted and disqualified Prime Minister Yousaf Raza Gilani of the Pakistan People’s Party for contempt. In July 2017 the top court invoked corruption charges to remove three-time Prime Minister Nawaz Sharif from office, and later also disqualified him from heading his Pakistan Muslim League-Nawaz (PML-N) party ahead of July 2018 elections.

As Pakistan approaches polls on Feb. 8, the judiciary is once again in the eye of the political storm.

Last week, the Supreme Court ruled in favor of the Election Commission’s (ECP) decision to strip the country’s most popular political party, the Pakistan Tehreek-e-Insaf (PTI), of its election symbol, the cricket bat. The verdict has been widely criticized by supporters of jailed PTI founder and ex-PM Imran Khan as well as independent analysts, who say the top court is toeing the line of the powerful military establishment which is accused of trying to sideline Khan and his party from the polls. The army says it does not interfere in political affairs.

In the same breath, the Supreme Court recently also overturned a law that barred politicians with past convictions from seeking political office, a move that has paved the way for Sharif to run in the upcoming parliamentary elections. Khan’s main rival, Sharif has been cleared of most court cases as well as a lifetime ban to contest polls, and analysts say he appears to be the front runner for the February polls and has the military’s support — an advantage in a country where army generals have had an outsized role in the making and breaking of governments. The army says it is apolitical.

“The judiciary’s recent role is not fair,” PTI spokesperson Shoaib Shaheen told Arab News, commenting on the SC verdict on the party symbol as well as legal cases against Khan. “When the judiciary fails to meet expectations and remains partisan, anger arises, undermining the rule of law.”

A party’s electoral symbol on ballot papers is significant for voters to be able to identify its candidates in the South Asian nation of 241 million people, where a large number of constituencies are in rural areas with low literacy. Stripped of the bat, PTI candidates will need to contest on individual symbols, which could confuse its voters, the party fears, as it already faces an unprecedented crackdown on political activities.

“POLITICALLY MOTIVATED”

The PTI’s issues with the judiciary stem from dozens of cases filed against Khan since he was ousted from office in a parliamentary no-trust vote in April 2022 that he says was orchestrated by the military and his political rivals at the behest of the United States. All three deny the charge. Khan was convicted last August in one case involving the sale of state gifts while he was PM, for which he is serving a three-year sentence. He also faces a slew of other charges ranging from attempted murder to treason and corruption and terrorism.

The party has faced a widening crackdown since May 9 last year, when Khan’s supporters damaged government and military properties in nationwide street protests that the former PM and top leaders of his party are accused of masterminding. Thousands of Khan’s followers were arrested after the protests and dozens of members of his party, including some of his closest and oldest aides, deserted him. Khan’s party, already at odds with powerful army generals by the end of his tenure as PM, has since May been grappling with what independent analysts have called a military-backed crackdown that has gathered pace ahead of the Feb. 8 vote. The army and the government say they are only prosecuting PTI leaders and supporters who were involved in the May 9 violence, particularly the destruction of army properties. 

The PTI alleges the military is attempting to keep it out of the election race, a charge the army denies, and candidates from his party complain of being denied a level playing field and the right to freely campaign. His party members have accused state authorities of intimidation, harassment and unwarranted arrests and said the judiciary has looked the other way.

Referring to the crackdown and Khan’s imprisonment, Shaheen called for a “proactive judiciary” that intervened when human rights and the law were being violated. In the past the PTI itself invited courts to review the judgment on the no-confidence vote, proceed on corruption charges against rival politicians, challenge the electoral commission, facilitate new elections, investigate Khan’s allegations of a foreign conspiracy to oust him, and ensure Khan’s paty could hold protests and sit-ins in the capital city unencumbered.

“The wrongful imprisonment of Imran Khan underscores concerns about compromised judges and discriminatory decisions, affecting the overall fairness of the judiciary,” the PTI spokesperson added.




Former Pakistani Prime Minister Imran Khan pauses as he speaks with Reuters during an interview, in Lahore, Pakistan on March 17, 2023. (REUTERS/File)

Even the PTI’s main rival party, the PMLN, admitted to the judiciary’s “politically motivated” verdicts.

“At times, the judiciary has rewritten the constitution through its decisions, a power reserved for parliament,” Mohsin Shahnawaz Ranjha, a member of the PML-N legal team, told Arab News.

“[Nawaz] Sharif’s -2017] disqualification [from office], conviction in politically motivated cases without following legally admissible evidence showed the judiciary was not acting as per law,” Ranjha added.

The judiciary’s role in the run up of the 2018 elections was also “questionable,” legal expert Khawar said.

“There were widespread allegations of the judiciary’s partisanship and witch-hunting of one political party [PML-N] before and after the 2018 election,” Khawar told Arab News, saying Sharif, a thrice-elected premier, was ousted on “flimsy charges” while an implementation bench of the apex court was formed to ensure he was convicted.

“Now in 2024, the PTI and Khan are also leveling serious allegations against the [military] establishment and accusing the judiciary of facilitating the PTI’s persecution,” Khawar added.




Pakistan's former Prime Minister Nawaz Sharif (R) stands beside his daughter Maryam Nawaz (L) as he waves to their supporters along with his brother and former Prime Minister Shehbaz Sharif (back) gathered at a park during an event held to welcome him in Lahore on October 21, 2023. (AFP/File)

“PRIMARY HOPE”

But there are many who commend the senior judiciary for its role in ensuring the latest general election, delayed since November, would be held in February.

After months of uncertainty over the election date, the Election Commission said in November it would hold general polls on Feb. 8 after a consultation with President Arif Alvi that was ordered by the Supreme Court in fulfillment of a constitutional requirement. On Dec. 15, the ECP issued the full schedule for general elections, again after the top court ordered the regulator to issue the plan the same day.

“Recently, the Supreme Court has taken proactive steps by ordering timely elections, ensuring adherence to constitutional timelines,” legal expert Barrister Shabbir Shah, who is affiliated with the Pakistan Peoples Party (PPP), one of the country’s main political parties, told Arab News.

“Currently, our judiciary remains the primary hope for ensuring elections take place.”

But legal experts like Khawar warn that the top court’s interference in political matters threatens the credibility of the higher judiciary and leads to in-fighting.

“Political disputes are routinely brought to courts, either proactively by superior courts or compelled by competing political parties and this heightened involvement has led to the polarization of the judiciary, as political disputes inherently foster division,” he said. “In the long run, this jeopardizes the judiciary’s credibility and erodes public confidence in it as a neutral and impartial institution.”

The effectiveness of the judiciary’s decisions hinged on its credibility and moral authority while accusations of collaboration between senior judges and non-elected power entities ultimately undermined the judiciary’s credibility and independence, Khawar added:

“A widespread perception among the people that the judiciary is partisan harms its credibility, independence, and public trust in the system. Therefore, the judiciary should strive to act impartially, avoiding the appearance of supporting one party over another, especially in political disputes.”


Naval chief says Pakistan’s economic future ‘inextricably linked’ to maritime security

Updated 4 sec ago
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Naval chief says Pakistan’s economic future ‘inextricably linked’ to maritime security

  • Admiral Naveed Ashraf says challenges in Indian Ocean Region requires greater vigilance
  • He says Pakistan’s socio-economic prosperity can be assured by harnessing blue economy 

ISLAMABAD: Pakistan’s Chief of Naval Staff Admiral Naveed Ashraf on Monday emphasized the importance of maritime security for the country’s economic future, calling for robust measures to address “unprecedented challenges” in the Indian Ocean Region.
In a message issued to mark the Seventh Maritime Security Workshop, scheduled to run from November 26 to December 5 at the Pakistan Navy War College in Lahore, Ashraf highlighted the need to harness the country’s maritime potential while ensuring a secure environment for trade and economic growth.
He noted the Indian Ocean Region faced significant challenges, including geopolitical competition, nuclearization and transnational threats, compounded by rapid technological advancements.
“The country’s economic future is inextricably linked to the sea, which serves as mankind’s last reservoir for sustenance,” he said. “Securing our maritime domain is not merely a national priority but a necessity, requiring cooperation, innovation and vigilance.”
Ashraf stressed the potential of Pakistan’s maritime resources to drive socio-economic prosperity through the exploitation of the blue economy, enabled by a secure maritime environment.
His comments come at a time when Pakistan has made a strategic offer to landlocked Central Asian economies for access to its ports, allowing them to conduct trade via sea routes.
The initiative underscores Pakistan’s ambition to position itself as a critical hub for regional economic activity.
“Our rich maritime resources offer great potential for economic prosperity,” the naval chief maintained.
“Let us work toward a secure and stable maritime environment that benefits not only our nation but the global community at large,” he added.


Policeman killed in clashes with Imran Khan supporters leading protest march to Islamabad 

Updated 46 min 23 sec ago
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Policeman killed in clashes with Imran Khan supporters leading protest march to Islamabad 

  • Punjab information minister says 70 people wounded in violence by Khan’s supporters, party says scores of its followers also hurt
  • Protest ‘long march’ has coincided with visit of Belarus president, with government accusing PTI of trying to sabotage economic recovery

ISLAMABAD: Punjab Information Minister Azma Bukhari said on Monday one police constable had been killed and five were critically injured in violence by supporters of jailed former premier Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party, which is leading a protest march to the federal capital of Islamabad. 

Thousands of rallygoers reached the edges of Islamabad on Monday, after protest caravans set out from various parts of the country a day earlier to call for the release of political prisoners, including Khan, among other demands.

The protesters set out despite the government refusing to grant the PTI permission to enter Islamabad for a sit-in. Last week, the district administration also imposed a two-month ban on public gatherings in the capital, citing security challenges and inconvenience to the public. Earlier this year, parliament also passed a new law to regulate public assembly in Islamabad, which laid out, among other rules, that any party or group wanting to hold a protest would need permission from the administration and could only assemble at a designated venue and during set timings.

Authorities have closed all schools in Islamabad and the adjacent garrison city of Rawalpindi, while the Internet and WhatsApp messaging services have also slowed as the protest march continues. All routes connecting Islamabad and Rawalpindi have been completely shut for the last two days, as are highways and roads from other cities leading to the federal capital. 

Addressing a press conference in Lahore, the provincial capital of Punjab, Bukhari said one policeman had been killed in clashes with PTI supporters. 

“FC [Frointier Corps] soldier Samiullah sustained a gunshot wound to the leg in Sargodha. In Kati Pahari on the Attock Motorway, [police] Constable Wajid was shot in the neck and arm and is in critical condition,” the minister said, only giving the first names of officers. 

“In Wah Cantt [in Rawalpindi district], the injured include Sub-Inspector Farooq and Sub-Inspector Zohaib, while Constable Mubashir has lost his life. Five people remain in critical condition.”

She added that 70 people had been wounded in clashes with the protesters just outside Islamabad, while there were reports of several other clashes elsewhere in the province.

Interior Minister Mohsin Naqvi said those responsible for the killing of the policeman would be brought to justice. 

Khan’s party said scores of its workers were also hurt.

“TILL MY LAST BREATH”

The PTI march started on Sunday but could not reach Islamabad as shipping containers placed by the government on key points on major highways slowed the pace of the caravans. The PTI says its final destination is D-Chowk, a high-security area in the capital’s Red Zone that houses key government buildings and is a popular site for protests. Heavy contingents of police and other security forces have been stationed across Islamabad and at entry and exit points. 

The largest PTI protest caravan began its journey from Peshawar, the provincial capital of the Khyber Pakhtunkhwa (KP) province where Khan’s party is in power. It is being led by KP Chief Minister Ali Amin Gandapur and Khan’s wife Bushra Khan, who was released on bail in October after nearly nine months in detention. 

Khan has been in jail since August last year and faces a slew of charges he says are politically motivated. 

On Monday evening, the PTI said in a text to reporters that the rally had “broken through one of the biggest barrages of containers and is at the gate of Islamabad.”

“Until Khan does not return to us, we will not end this march,” Bushra said to supporters from atop the protest caravan as the PTI edged closer to Islamabad. “I will stand there till my last breath, you people have to stand by me. I will keep standing even if nobody does because this does not concern just my husband but the country and its leader.”

 

 

Islamabad police confirmed over 400 arrests related to the protest in the past few days, saying the detainees were being held in different police stations. The PTI said over 3,500 of its leaders and supporters had been arrested in connection to the protests.

PTI leader Shaukat Yousafzai, who is part of the caravan, told Arab News over the phone the march would carry on until it reached D-Chowk. 

“We will only return from D-Chowk when Imran Khan and other innocent party workers are released from Pakistani prisons,” he said. 

The PTI also said key leaders Gohar Khan and Ali Mohammad Khan had been allowed to meet the PTI flounder at Adiala jail, but no details were shared about the focus or outcome of the discussions. 

The PTI’s march has coincided with a visit to Islamabad by Belarusian President Aleksandr Lukashenko and a 68-member delegation to discuss investment deals. The government has accused the PTI of trying to sabotage the foreign visit in a bid to destabilize its economic recovery efforts. 

Yousafzai rejected this criticism, saying his party had called the protest well before the Belarusian delegation’s arrival was announced. 

“We have not blocked the roads,” he added. “The government has blocked the roads, creating a situation like this. The government should have held talks with the PTI instead of blocking the roads.”

KP government spokesperson Muhammad Ali Saif also said the PTI planned to hold a “protracted protest.”

“We are advancing according to our plan and are not in a hurry,” he said. “The government should prepare food supplies for the police for several days because we won’t stop until our demands are met.”

A report prepared by Pakistan’s ministry of finance and released on Sunday estimated economic losses of Rs190 billion ($684 million) per day due to political protests.


Wheel-jam strike paralyzes Balochistan highways amid protest over kidnapped schoolboy

Updated 25 November 2024
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Wheel-jam strike paralyzes Balochistan highways amid protest over kidnapped schoolboy

  • 11-year-old Muhammad Musawir Khan was kidnapped by armed men in Quetta on Nov. 15
  • Government says law enforcement agencies are working for the kidnapped boy’s recovery

QUETTA: A wheel-jam strike paralyzed highways in Pakistan’s southwestern Balochistan province on Monday as protests over the kidnapping of an 11-year-old schoolboy entered their 11th consecutive day in Quetta.
Muhammad Musawir Khan, a third-grade student, was kidnapped from a school van by unknown armed men while on his way to school on November 15.
The family has not received any ransom call from the kidnappers in all these days since his abduction. They have also categorically said they will not pay a single penny to the kidnappers.
“Today, all national highways connecting Balochistan with the rest of the country are closed against the kidnapping of my son,” Raz Muhammad, the boy’s father, told Arab News. “We will continue our protest until he safely returns home.”
Muhammad urged Prime Minister Shahbaz Sharif and Army Chief General Asim Munir to consider Khan as their own child and play a role in his recovery.
Other family members echoed the sentiment, saying it was the state’s responsibility to ensure the boy’s recovery and improve the general environment of insecurity.
“We have been sitting here for the last 11 days to seek protection for all children like Muhammad Musawir Khan from these kidnappers,” Hajji Malang, the boy’s uncle, told Arab News. “Whoever kidnapped our child, we will not bargain with them for his release.”

Demonstrators are protesting over the kidnapping of an 11-year-old schoolboy in Quetta, Pakistan, on November 25, 2024. (AN photo)

The kidnapped boy belongs to a prominent tribal family involved in the gold trading business in Balochistan for decades. According to the family, he was abducted from Patel Bagh, a busy neighborhood in Quetta.
Political and religious parties, traders, transporters, lawyers and civil society members have all been visiting the protest camp to express solidarity with the family and demand the immediate and safe recovery of the boy.
Speaking to the media outside the provincial assembly, Chief Minister Mir Sarfraz Bugti said he thought of the kidnapped child like his own son.
“We are utilizing our full capacity and the government is making serious efforts to ensure his safe recovery,” he said.
Commissioner of Quetta Division Hamza Shafqaat shared the same update while speaking to Arab News.
“The government, along with all law enforcement agencies, is working diligently for the recovery of Muhammad Musawir Khan,” he said.
“We have shared our report on the progress in the recovery of the kidnapped boy to with the Balochistan High Court, chief minister and the provincial assembly, and they have all expressed satisfaction that the investigation is heading in the right direction,” he added.
However, Shafqaat declined to divulge details of the ongoing investigation.
Malik Muhammad Sadiq Kakar, senior member of Pashtoonkhwa Milli Awami Party, said that highways in Balochistan’s Quetta, Mastung, Khuzdar, Killa Abdullah, Chaman, Zhob, Killa Saifullah and Loralai districts were closed to protest the kidnapping of the child.
“We are sitting with the family of the kidnapped boy to express solidarity because we want peace in Balochistan,” he told Arab News.
Pakistan’s restive Balochistan province, which shares borders with Afghanistan and Iran, has been the site of a low-level insurgency by separatist militants for over two decades.
Other extremist factions, including Tehreek-e-Taliban Pakistan and Daesh’s Khorasan chapter, also have a presence in the region and frequently attack security forces and civilians.
Last week, Pakistan approved a “comprehensive military operation” in the province, targeting ethnic Baloch separatist groups attacking security forces and Chinese nationals working on the multibillion-dollar China-Pakistan Economic Corridor (CPEC).


COMSTECH, Pakistani conglomerate announce internship program for OIC member countries

Updated 25 November 2024
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COMSTECH, Pakistani conglomerate announce internship program for OIC member countries

  • International program hosted by Gourmet Industries, the largest food processing complex in Pakistan
  • Selected candidates will receive accommodation, meals, and return economy-class air ticket to Pakistan

ISLAMABAD: The OIC Standing Committee on Scientific and Technological Cooperation (COMSTECH), in collaboration with Pakistan’s Gourmet Industries, has announced the COMSTECH-Gourmet Industrial Internship Program for its first batch in January 2025, state news agency APP reported on Monday.

Hosted by Gourmet Industries, the largest food processing complex in Pakistan, the program offers 10 internships lasting four weeks. Selected candidates will receive accommodation, meals, and return economy-class air ticket to participate in the program, which aims to promote innovation, research, and skill development across various industrial sectors, offering participants practical training and exposure to advanced technologies and industrial processes.

The program will focus on key areas in food industry operations including bakery, dairy, and beverages, plant utilities, recycling through innovative RPET methodologies, shrink-wrap production, sugar mill logistics, and media training in journalism and broadcasting. Participants will gain hands-on experience in supply chain management, production processes, and sustainability practices also.

“The internship is open to applicants from OIC member countries holding a BS/BSc or MS/MSc in relevant fields and under the age of 40,” the report said. 

“The objective of the COMSTECH-Gourmet Industrial Internship Program is to foster innovation and research and development (R&D) across diverse industrial sectors, including food processing, engineering, plant operations, recycling, and so forth.”

The program will provide interns hands-on experience and exposure to cutting-edge technologies and methodologies, thereby enhancing their practical skills and theoretical knowledge.

“By engaging in real-world projects, interns will contribute to the advancement of industrial processes and the development of sustainable solutions, ultimately driving technological innovation and improving operational efficiencies in the fields of human nutrition and value addition,” APP added. 

“This initiative underscores COMSTECH’s mission to empower youth in OIC nations and advance technological development for socio-economic progress.”

Applicants have to complete an application form and upload requested documents (CV, Research Proposal, etc.) at: (https://form.jotform.com/243101366016444) till Nov, 30. Applicants can contact [email protected] for further information.


Pakistan approves $625 million for infrastructure projects in Balochistan, Sindh, KP provinces

Updated 25 November 2024
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Pakistan approves $625 million for infrastructure projects in Balochistan, Sindh, KP provinces

  • Projects will improve connectivity in Balochistan, Khyber Pakhtunkhwa and Sindh
  • Six of the approved projects are for the remote southwestern Balochistan region 

ISLAMABAD: The Executive Committee of Pakistan’s National Economic Council has approved ten infrastructure projects costing Rs172.7 billion ($625.54), Radio Pakistan reported on Monday, with a majority of the schemes approved for the remote Balochistan province. 

The ECNEC met in Islamabad on Monday with Deputy Prime Minister Ishaq Dar in the chair.

“The projects pertain to the infrastructure sector for improving connectivity in Balochistan, Khyber Pakhtunkhwa and Sindh. Six of the approved projects are in Balochistan,” Radio Pakistan said. 

“World Bank funded project for developing solid waste infrastructure for Karachi costing 29.2 billion rupees was also approved.”

Balochistan, which comprises 44 percent of Pakistan’s total land mass, is its most backward by almost all economic and social indicators.

Rich in land and mineral wealth, most parts of the Balochistan province often lack even the rudiments of modern life. Home to Reko Diq, one of the world’s largest undeveloped copper and gold deposits, and the site of major Chinese investment projects, the province lacks employment opportunities and basic facilities like Internet, health and education. 

Balochistan also has the lowest density of roads among the four provinces of Pakistan. Poor connectivity and access continue to be a major problem, which particularly affect the poor, who live mostly in the rural areas.

In Khyber Pakhtunkhwa, annual rainfall and temperature patterns have significantly increased and the lack of resilient infrastructure has escalated the impact of disasters on people and livelihoods. Flooding events since 2010 have substantially damaged the road network, hampering connectivity and escalating transportation costs.

Home to over 55 million people, Sindh is Pakistan’s second largest province and generates a third of national GDP. However, economic development is skewed in favor of the provincial capital Karachi, the country’s largest city and responsible for three-quarters of overall trade activity. Rural areas are poorly connected to the regional centers, and the road conditions of about half of the 2,830 km of provincial highways are substandard due to damage from heavy truck traffic and seasonal flooding.