Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments

In this handout photo, taken and released by the Government of Pakistan, members of Pakistan’s lower house of parliament attend the National Assembly meeting in Islamabad on March 1, 2024. (Photo courtesy: X/@NAofPakistan/File)
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Updated 15 September 2024
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Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments

  • Constitutional amendment package will set tenure of Supreme Court Chief Justice to three years, change process of CJ’s appointment
  • Opposition PTI party has called judicial reforms package an ‘attack’ on judiciary, threatened nationwide protests if amendments passed

ISLAMABAD: Both the upper and lower houses of parliament are scheduled to convene today, unusual for a Sunday, as the government plans to table a history-making ‘constitutional amendment package’ that will increase the retirement age of superior judges by three years and change the process by which the Supreme Court chief justice is appointed.
The package of reforms, widely believed to include as many as 22 amendments to the constitution, has raised widespread concerns among opposition parties and independent experts who say the moves are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes. The reforms also include changes to Article 63-A of the Constitution, which relates to the disqualification of legislators who cross party lines in voting for a constitutional amendment.
Ahead of the parliamentary session, Defense Minister Khawaja Asif, a senior member of the ruling Pakistan Muslim League-Nawaz (PMLN) party, told reporters the government had the 224 votes, two-thirds majority, needed to pass the amendment. He also refuted reports that the amendment was being introduced to grant an extension to Supreme Court Chief Justice Qazi Faez Isa, widely believed to be aligned with the ruling coalition led by Prime Minister Shehbaz Sharif and in opposition to its chief rival, the Pakistan Tehreek-e-Insaf (PTI) party of jailed former PM Imran Khan, who has threatened nationwide protests against the reforms.
“It’s not going to be a person-specific or individual-specific legislation,” Information Minister Ataullah Tarar told reporters on Sunday. “Whatever is going to happen will be in the greater good of the people. It would be to benefit the people, the nation.”
PM Sharif’s office quoted him as saying at a dinner for legislators on Saturday night that the legislation would be passed “in the national and public’s interest” and to “ensure the sanctity of parliament.”
As of 8pm on Sunday night, separate consultations continued among the coalition partners and opposition parties on the amendments, according to the information minister.
“Consultations are ongoing among the government parties, while Maulana Fazlur Rehman is taking the opposition on board on the amendments,” Tarar told reporters. “Efforts are being made to reach a consensus.”
AMENDMENTS
The coalition government is proposing that the retirement age of superior judges be increased by three years. Currently, Article 179 of the Constitution envisages that a judge of the Supreme Court shall hold office until he attains the age of retirement of 65 years, whereas Article 195 of the Constitution says that a judge of a high court shall hold office until he attains the age of 62 years. The current CJ retires on Oct. 25.
The government is also mulling revising the seniority principle in the appointment of the top judge, the coalition government’s spokesperson on legal affairs Aqeel Malik told media this week.
At present, according to Article 175A of the Constitution, the senior most judge of the Supreme Court is appointed as the chief justice on the basis of the principle of seniority, but there are widespread reports that the constitutional amendment envisions the top judge chosen from a panel of five senior-most judges by a judicial commission and a parliamentary committee together.
The reform package also includes a proposal to allow the transfers of judges from one high court to another.
“If passed, the reforms could mark a seismic shift in the country’s judiciary, shaking up long-established procedures and leaving a lasting impact on how the judicial and executive branches interact,” Pakistan’s Express Tribune newspaper said in a news analysis.
In an interaction with reporters, PTI Chairman Gohar Khan said the constitutional package was an “attack” on the judiciary and its freedom.

“We believe the government is adopting an unconstitutional process,” he said. “Primarily, every aspect of the state needs to be independent, especially the judiciary, it cannot be compromised, … If there is any attempt to do this to the judiciary, we will strongly condemn it.”
RESERVED SEATS
The amendments have been proposed after a string of Supreme Court judgments that have ostensibly challenged Sharif’s coalition government, mostly notably a July 12 verdict by a 13-member bench of the Supreme Court that declared the PTI eligible for reserved parliamentary seats.
The verdict dealt a major blow to Sharif’s weak ruling coalition, which may lose its two-thirds majority in Pakistan’s parliament if the verdict is implemented. Sharif’s PML-N party has filed a review petition in the Supreme Court against the verdict.
PTI candidates contested the Feb. 8 general elections as independents after the party was barred from polls on the technical grounds that it did not hold genuine intra-party polls, which is a legal requirement.
Subsequently, the PTI-backed candidates won the most seats in the election, but the Election Commission of Pakistan (ECP) ruled independents were ineligible for their share of 70 reserved seats — 60 for women, 10 for non-Muslims. The reserved seats were then distributed among other parties, mostly those in the ruling coalition, a decision Khan allies contested in the court.
Reserved parliamentary seats for women and minorities are allocated in Pakistan in proportion to the number of seats a political party wins in general elections. This completes the National Assembly’s total 336 seats.
A simple majority in Pakistan’s parliament is 169 seats.

 


Pakistani oncologists debunk ‘misleading’ claims about chemotherapy aired on state TV

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Pakistani oncologists debunk ‘misleading’ claims about chemotherapy aired on state TV

  • Panelists on a PTV show last week said doctors in Pakistan recommended excessive chemotherapy sessions to treat cancer patients
  • Society of Medical Oncology Pakistan criticizes the panelists for sharing ‘misleading’ information, says they follow global standards

ISLAMABAD: An association of Pakistani oncologists on Friday described as “misleading” the claims of some analysts about chemotherapy and its use in treatment of cancer patients, which were aired by Pakistan’s state television last week.
Rizwani Razi, a political commentator, on Dec. 13 declared chemotherapy in Pakistan a “fraud” and said on a Pakistan Television (PTV) show it was used to swindle patients of billions of rupees. Without naming the doctor, Razi said he was informed by an Australian oncologist that they feared going beyond three chemotherapy sessions of a patient and in Pakistan, the treatment usually involved eight sessions, calling oncologists suggesting excessive sessions a “fraud.”
He said Punjab Chief Minister Maryam Nawaz was going to bring a “Chinese technology” to Pakistan to successfully treat cancer patients in the country. Ameen Hafeez, another panelist, hailed Nawaz for offering free treatment to all cancer patients at Nawaz Sharif Cancer Care Hospital. Shumaila Chaudhry, the host of show ‘Siyasat Tonight,’ said those who were scared of the disease should stop being afraid of it, as its “solution” was soon going to be introduced in the country.
In a statement issued on Friday, the Society of Medical Oncology Pakistan (SMOP) criticized the panelists for sharing “misleading” information about cancer treatment and said “such statements could endanger people’s lives.”
“Authentic institutes such as National Comprehensive Cancer Network (NCCN), European Society for Medical Oncology (ESO), and American Society of Clinical Oncology (ASMO) stress the important role of chemotherapy in cancer treatment,” the SMOP said. “In Pakistan, cancer is treated according to international standards.”
Nawaz announced in October the establishment of 920-bed Nawaz Sharif Cancer Care Hospital in Lahore, saying the “expertise to treat cancer are quite rare in Pakistan, for which people spend all their savings.”
This week, Punjab Information Minister Azma Bukhari said that Nawaz, during her recent visit to China, had signed an agreement with a Chinese firm for the transfer of ‘HYGEA’ innovative therapy, which uses extreme cold to destroy cancer cells and is minimally invasive.
The SMOP said airing misleading information regarding such topics was not only dangerous for patients, but it impacted public confidence in medical procedures and treatment.
It requested the PTV to issue a “clear statement” distancing itself from the views of aforementioned program host and panelists.
“It must be ensured in the future that discussions on sensitive topics like medical treatment should be based on expert opinions of information from authentic, professional individuals,” the SMOP added.


Pakistan prepares to terminate take-or-pay contracts with independent power producers

Updated 20 December 2024
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Pakistan prepares to terminate take-or-pay contracts with independent power producers

  • Pakistan approved a decade ago dozens of mostly foreign-financed private projects by IPPs to tackle chronic power shortages
  • PM Sharif’s cabinet this month approved settlement agreements with eight IPPs with the aim to reduce power tariff, expenses

ISLAMABAD: Pakistan is making preparations to stop capacity payments to independent power producers (IPPs) by dissolving the mechanism of take-or-pay, Pakistani state media reported on Friday.
Take-or-pay is referred to as capacity payments in Pakistan where the government has to pay private companies irrespective of how much of the power they generate is transferred to its grid.
Pakistan approved dozens of private projects by IPPs, financed mostly by foreign lenders, a decade ago to tackle chronic power shortages. But the deals, featuring incentives such as high guaranteed returns and commitments to pay even for unused power, ultimately resulted in excess capacity after a sustained economic crisis slashed consumption.
This month, Prime Minister Shehbaz Sharif’s cabinet approved settlement agreements with eight bagasse-based IPPs with the aim to reduce electricity prices and save the national exchequer billions of rupees, the Radio Pakistan broadcaster reported.
“The agreement between IPPs and the government’s Energy Task Force is a significant milestone, which can result in saving of 300 billion rupees ($1.07 billion) of the national exchequer,” the broadcaster said.
Short of funds, successive Pakistani governments have built those fixed costs and capacity payments into consumer bills, sparking protests by domestic users and industry bodies.
In October, PM Sharif said his government was terminating purchase agreements with five IPPs to rein in electricity tariffs as households and businesses buckled under soaring energy costs, according to state media. Pakistan’s Central Power Purchasing Agency was due to approach the National Electric Power Regulatory Authority (NEPRA) for a reduction in the electricity tariff generated from these power plants.
There is a possibility of Rs3.50-6.50 decrease in the electricity tariff as a result of government reforms as the government has pledged to pay outstanding dues within 90 days as prescribed in the agreements, Radio Pakistan reported on Friday.
“The government has also expressed resolve to promote private partnership for development of energy sector,” the report read.
The need to revisit power deals was a key issue in talks for a critical staff-level pact in July with the International Monetary Fund (IMF) for a $7-billion bailout. The program was approved in September.
Pakistan has also been holding talks on reprofiling power sector debt owed to China and structural reforms, but progress has been slow. It has also vowed to stop power sector subsidies.


Pakistan stocks bounce back strongly a day after ‘massacre’ at bourse

Updated 20 December 2024
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Pakistan stocks bounce back strongly a day after ‘massacre’ at bourse

  • The KSE-100 index gained 3238 points to close the weekend trading session at 109,513 points
  • Stock analysts attribute strong recovery of the market to easing pressure at local mutual funds

ISLAMABAD: The Pakistan Stock Market on Friday bounced back strongly and gained more than 3,000 points, stock analysts said, a day after it witnessed a “massacre” on the back of significant redemptions from local mutual funds and year-end profit-taking.
The benchmark KSE-100 index gained 3238.17 points to close the weekend trading session at 109,513.14 points. On Thursday, the index plummeted by 5,132 points, or 4.32 percent, to close at 106,274.97 points, compared to Wednesday’s close of 111,070.29 points.
Stock analysts attributed the strong recovery to easing pressure at local mutual funds.
“Likely easing redemption pressure at local mutual funds together with the opening up of attractive valuations encouraged value buyers to reenter the market,” Raza Jafri, head of equities at Intermarket Securities, told Arab News.
Thursday’s slump was led by Hub Power Company Limited, United Bank Limited, Oil and Gas Development Company, and ENGRO, cumulatively contributing a staggering 1,556 points to the index’s overall decline, according to Topline Securities.
The sharp sell-off was triggered by significant redemptions from local mutual funds, compounded by year-end profit-taking by institutions, that dragged the market into a “turmoil,” it added.
The decline came days after Pakistan’s central bank cut its key interest rate by 200 basis points to 13 percent, marking the fifth straight reduction since June.
Yousuf M. Farooq, head of research at Chase Securities, said the market had entered a corrective phase, following a significant rally over the past year.
“We believe that earnings will now drive market performance rather than valuation rerating,” he added.


Pakistan province sets deadline to surrender weapons, dismantle bunkers to stem sectarian clashes

Updated 20 December 2024
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Pakistan province sets deadline to surrender weapons, dismantle bunkers to stem sectarian clashes

  • Kurram, a tribal district near Pakistan’s border with Afghanistan, has been a flashpoint for sectarian tensions for decades
  • Last month’s clashes between Sunni, Shia tribes killed over 100, triggered a humanitarian crisis with reports of starvation

PESHAWAR: Authorities in Pakistan’s northwestern Khyber Pakhtunkhwa (KP) province on Friday set a deadline of Feb. 1 for warring Sunni and Shia tribes in the Kurram district to surrender all weapons and dismantle their bunkers to stem sectarian clashes in the region.
Kurram, a tribal district of around 600,000 near Pakistan’s border with Afghanistan where federal and provincial authorities have traditionally exerted limited control, has been a flashpoint for sectarian tensions for decades.
Fresh clashes last month killed more than a hundred people, triggering a humanitarian crisis with reports of starvation, lack of medicine and oxygen shortages following the blocking of the main highway connecting Kurram’s main city of Parachinar to the provincial capital Peshawar.
On Friday, the KP apex committee, which comprises civilian and military officials, met to discuss a sustainable solution to the issue and decided that both sides would have to surrender their weapons and sign a peace agreement facilitated by the government.
“The agreement outlines that both sides will submit a detailed action plan within 15 days for voluntary submission of weapons,” read a declaration issued after the apex committee meeting.
“All weapons are to be deposited with the local administration by February 1. Additionally, it was decided that all bunkers in the area will be dismantled by the same deadline.”
The decision is aimed at reinforcing the government’s writ and establishing peace in the region, according to the statement. In the meantime, land routes to the area would be opened intermittently on humanitarian grounds and a mechanism had been put in place for secure transportation.
“Personnel of police and Frontier Corps will jointly provide security to the convoys,” the statement read.
Last month’s clashes erupted after rival tribes attacked convoys of passengers on the Parachinar-Peshawar road, which were followed by attacks on each other’s villages.
On Thursday, KP Governor Faisal Karim Kundi criticized the provincial government’s handling of the Kurram issue, accusing it of adopting an “indifferent approach.”
“The provincial government has maintained a criminal silence on the Kurram issue,” he said. “This matter should have been addressed in the provincial assembly.”
Talimand Khan, a senior analyst on tribal affairs, told Arab News on Friday that Pakistan’s tribal districts, including Kurram, had remained a “launching pad for proxy wars, especially the Soviet-Afghan war and the so-called War on Terror.”
“The issue is not merely a law-and-order situation,” he said. “It is deeply rooted in the state’s foreign and security policies, domestic political dynamics.”
A special air service would be launched on an emergency basis, for which the federal and provincial governments would provide helicopters. Temporary evacuation may be carried out from some areas to protect people’s lives, according to the apex committee declaration.
Both sides must avoid any violent action in the future to keep the land route safe and open at all times, otherwise the administration would be forced to close the route again.
“All social media accounts spreading sectarian hatred in the region will be closed,” it read. “No one will be allowed to play politics on this issue.”
The apex committee hoped that the parties would fully cooperate with the government for a lasting solution to the issue.


Pakistan PM orders action against officials aiding human traffickers after Greek boat tragedy

Updated 20 December 2024
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Pakistan PM orders action against officials aiding human traffickers after Greek boat tragedy

  • Five Pakistani nationals drowned last week after a boat carrying migrants capsized off Greece
  • Four districts of eastern Punjab province identified as ‘most vulnerable’ to human traffickers

ISLAMABAD: Prime Minister Shehbaz Sharif on Friday directed action against government officials who were facilitating human traffickers, his office said, following the death of five Pakistani nationals in a migrant boat capsize off Greece.
The boat tragedy, which occurred last week, underscored the perilous journeys many migrants undertake due to conflicts around the world. In the case of Pakistani nationals, the movement is mostly driven by economic reasons, with many young individuals attempting to reach European shores in search of better financial prospects.
Sharif presided over a meeting on Friday to discuss the measures the government needed to take to prevent human trafficking, which he said had brought disgrace to Pakistan worldwide.
“PM directs identification of Federal Investigation Agency officials involved in facilitating human traffickers and strict action against them,” Sharif’s office said in a statement.
The participants were briefed on the Dec. 14 boat incident off Greece and the steps taken to combat human trafficking, including parliamentary efforts to improve legislation on the issue.
The prime minister was informed that only five Pakistanis had been identified so far, while the identities of the others were still being verified, according to his office. The Pakistani embassy in Athens was in constant contact with Greek authorities regarding the migrant boat incident.
“For information and assistance regarding boat accident, Pakistan Embassy in Athens can be contacted on helpline +30-6943850188 and Ministry of Foreign Affairs Crisis Management Unit number 0519207887,” the statement read.
Sharif directed government authorities improve coordination to prevent human trafficking, highlighting that the Gujranwala, Gujrat, Sialkot and Mandi Bahauddin districts of Pakistan’s eastern Punjab province were the “most vulnerable” to traffickers.
He ordered action against officials who conducted a delayed investigation into those responsible for a 2023 boat capsizing incident in Greece that involved hundreds of migrants, including 262 Pakistanis, according to the statement.
The migrants drowned when an overcrowded vessel capsized in international waters off the southwestern Greek coastal town of Pylos. It was one of the deadliest boat disasters ever recorded in the Mediterranean Sea.
Sharif directed authorities complete the ongoing investigation into human traffickers at the earliest and submit a report in this regard.