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FEDERAL, PROVINCIAL GOVTS MULLING TO CHALLENGE SC VERDICT AGAINST MILITARY TRIALS Tuesday, 14 November, 2023 I 29 Rabi us Sani, 1445

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Rs 50.00 | Vol XIV No 135 I 40 Pages I Islamabad Edition IN TODAY’S ISSUE

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FEDERAL, PROVINCIAL GOVTS ENGAGE TOP g AGP LIKELY TO REPRESENT FEDERATION, LAWYERS TO CHALLENGE THE VERDICT KHWAJA HARIS BEING CONTACTED TOO

Senate resolution urges top court to stop implementation on military court trials ruling ISLAMABAD

STAFF REPORT

T

ISLAMABAD NEWS DESK

HE caretaker federal government is contemplating its options to challenge the Supreme Court (SC) judgment of declaring military trials of civilians unconstitutional. According to highly credible sources, the federal and provincial governments have hired top lawyers through to challenge the verdict issued by a larger bench of the apex court last month. A five-judge bench of the SC had in October unanimously declared the trial of civilians in military courts as null and void and ordered that the 103 accused in cases relating to the violence on May 9 and 10, 2023 be tried under the ordinary criminal laws. According to the sources, Attorney

General of Pakistan Mansoor Awan will represent the federal government in case the verdict is challenged while the defence ministry has in talks with senior lawyer Khawaja Haris and the interior ministry has hired Ahmer Bilal Sufi. Meanwhile, the Balochistan and Sindh governments intend to submit pleas against the verdict through Sikandar Bashir Mohmand and Jahanzaib Awan, respectively. Under the law, intra court appeals have to be filed within 30 days and the same are to be fixed for hearing within 14 days of application. The court through a 4-1 majority also declared certain clauses of the Army Act as ultra vires the Constitution and of no legal effect. One judge of the bench, reserved his verdict on one para, though siding with the bench on the remaining paras. The bench, led by Justice Ijazul

The Upper House of the parliament on Monday passed a resolution against the Supreme Court’s verdict on civilians’ trial in the military courts, urging the top court to stop implementation of the judgment “unless it is considered by a larger bench”. In a unanimous verdict, a fivemember bench of the Supreme Court last month declared civilians’ trials in military courts null and void as it admitted the petitions challenging the trial of civilians involved in the May 9 riots triggered by the arrest of Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan in a corruption case. A five-member apex court bench — headed by Justice Ijaz Ul Ahsan, and comprising Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik — announced the order on October 23 on the petitions filed by the PTI chief and others. Four judges out of the five had de-

Ahsan and including Justice Munib Akhtar, Justice Yahya Afridi, Justice Mazahir Naqvi, and Justice Ayesha Malik heard the petitions that had challenged the trial of civilians allegedly involved in the May 9 violence in the military courts. The petitions, questioning the legiti-

clared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”. “Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read. The resolution, moved by Senator Dilawar Khan earlier Monday, said the bench that announced the recent judgment was not in unanimity as opposed to the previous benches which upheld trials of civilians under the Army Act, hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench. The resolution observed with “apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities”.

macy of trying civilians in military courts, were filed by former chief justice Jawwad S Khawaja, senior lawyer Barrister Aitezaz Ahsan and others. The other day, the apex court was informed that trial of 103 people in the military custody had already begun.

PML-N pushes for nationwide election alliance to help win big on February 8 QUETTA

STAFF REPORT

Efforts by Nawaz Sharif to help forge a nation-wide political alliance to help win majority in the National Assembly and form a coalition government of like-minded political parties intensified on Monday. Sharif, who is facing a strong challenge for his plans to become a leading contender for the slot of prime minister, has miserably failed to amass huge public support yet. Hence, his party is making efforts to forge a multi-party election alliance to help win big at ballot box. With former prime minister and hugely popular Imran Khan jailed, Sharif finds it as the best opportunity to run as a leading contender for the prime ministerial slot. Senior PML-N leader Ayaz Sadiq on Monday reached Quetta, just a day before former prime minister Nawaz Sharif is scheduled to land in the provincial capital for his first visit since returning to Pakistan after years-long exile. Sadiq – the former National Assembly speaker – has been assigned the task to reach out to the political leaders in smaller provinces, thus paving the way for a broader electoral cooperation in the February 8 polls. It is his second visit to the country’s largest province in recent weeks after being a part of the PMLN team that held talks with the MQM-P, PML-F and JUI-F for a seat adjustment formula. The PML-N supremo is reaching Quetta on Tuesday for forging new alliances and boosting his party’s organisation in Balochistan, as the three-time prime minister, despite his disqualification, eyes fourth term in office. Nawaz – who is regarded as the comeback man – is confident of regaining power after his conviction in the NAB cases to achieve what has been considered an impossible by many who predicted the end of politics

just like during his pervious exile when Pervez Musharraf had deported him to Saudi Arabia. PML-N President Shehbaz Sharif and Maryam Nawaz – the party’s chief organiser – will accompany him for his three-day visit to Balochistan where he is expected to close a seat-adjustment deal with the Balochistan Awami Party (BAP) which is now led by Khalid Magsi. The Balochistan-based party had parted ways with the PTI-led ruling alliance, paving the way for the success of a no-confidence motion which propelled Shehbaz to the prime minister’s office for a 16-month-long stint. The planned agreement with the BAP comes after the PML-N last week secured a similar deal with the MQM-P in Sindh where discussions are on for extending the electoral collaboration to other parties like Pir Pagara’s PML-F and the JUI-F. Nawaz is also expected to meet over 20 prominent political leaders and several of them will join the PML-N, boosting the party’s prospects in February 8 general elections. The visit also has a great symbolic significance given that it was Balochistan where the downfall of his

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government began after the change in party loyalty and shifting alliances ended the tenure of the then chief minister Sanaullah Zehri. Both Zehri and Lt-Gen (retd) Abdul Qadir Baloch had left the PML-N and later joined the PPP after criticising Nawaz and his policies after he accused the establishment of toppling his government, conviction and the controversial elections in 2018. NAWAZ SHARIF’S QUETTA VISIT RESCHEDULED: Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif’s Quetta visit has been rescheduled. Nawaz Sharif who was scheduled to fly to Balochistan on Monday to further expand his party’s alliances with regional players, now will visit the provincial capital of Balochistan on Tuesday along with PML-N President, Shehbaz Sharif. The security squad of the former three-time prime minister has left for Quetta before his arrival. During his visit, the ex-PM will hold political meetings and it is expected that many political leaders will announce to join PML-N. The PML-N on Tuesday formed an alliance with the MQM-P and announced reaching out to other parties in Sindh. PML-N team Saturday reached Karachi to meet Muttahida Qaumi Movement Pakistan (MQMP) and other parties’ leadership. Senior leader of PML-N including Khawaja Saad Rafique met with Pir Sahab Pagara and forwarded him Nawaz Sharif’s message. The PML-N delegation also visited the MQM-P markaz in Bahadurabad to discuss further steps after the coalition elections. Nawaz Sharif, who returned last month after around four-year stay in London, will hold meetings with PMLN Balochistan’s leadership during his visit to Quetta. Meanwhile, PML-N is also eyeing another alliance with the JUI-F, ANP and Pashtunkhwa Milli Awami Party in the Khyber Pakhtunkhwa (KPK) province.

Are we headed for a January gas-crisis?

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SHC summons JIT chief in missing persons’ case

irfan.farooq@pakistantoday.com.pk

KARACHI

STAFF REPORT

The Sindh High Court (SHC) heard cases of missing persons and expressed displeasure at the police and the provincial government, demanding answers regarding the whereabouts of the missing citizens. During the proceedings, a heated exchange transpired between the court and the police, with the provincial government asserting that they lack control over law enforcement. The court, however, expressed skepticism, questioning the accountability and responsibility of the authorities. “If the missing citizens are not within the purview of the provincial government, then where did they go?” the court questioned, emphasizing the urgency of locating the missing persons and presenting them before the court. The court raised concerns about the efficacy of Joint Investigation Teams (JITs), questioning their purpose when the authorities seem unable to locate the missing individuals and summoned the chief of the Joint Investigation Team (JIT) in his personal capacity, seeking a firsthand account of the progress and challenges faced in the search for the missing persons.

Caretaker cabinet gives approval to Imran Khan’s jail trial in cypher case

ISLAMABAD STAFF REPORT

Just a day before the Islamabad High Court is due to take up for hearing the intra-court appeal filed by former prime minister and PTI Chairman Imran Khan against holding his trial in the US cypher case inside the Adiala Jail, the caretaker federal cabinet on Monday approved the Ministry of Law’s summary for holding the trial in the jail. The trial will be held tomorrow (November 14). The summary sent by the law ministry said that the Interior Ministry and the Official Secrets Act Court Judge Abul Hasnat had recommended holding trial of the former prime minister inside the jail. The summary further read that the recommendation had been made in view of security threats to the PTI chairman. Copies of the Special Branch’s threat report and the judge’s recommendation were also attached to the summary. A division bench of the Islamabad High Court (IHC) had a week ago issued notices to the authorities concerned on an appeal, seeking trial of former prime minister Imran Khan in the cipher case in an open court. The IHC division bench was hearing the former prime minister’s intra-court appeal against a single-member bench’s decision that had approved his jail trial.

THE MISSING JANUARY CARGO TRANSLATES INTO A DEFICIT OF APPROXIMATELY 100 MILLION CUBIC FEET PER DAY PROFIT

DANIYAL AHMAD

Rumours are swirling in the media about a looming gas crisis in Pakistan, as the country may face a shortfall of liquefied natural gas (LNG) from the State Oil Company of the Republic of Azerbaijan (SOCAR) in January. Media reports suggest that SOCAR is wavering in its commitment to Pakistan, lured by the prospect of fetching higher prices from the European markets, where demand is skyrocketing. The absence of the expected cargo could compel the government to slash the gas supply to the domestic sector from eight hours to a meagre six hours. Moreover, the media claims that Pakistan LNG Limited (PLL) is contemplating seeking exemptions from the Public Procurement Regulatory Authority (PPRA) guidelines, in order to expedite the procurement of cargoes from the spot market and fill the gap.

The missing January cargo translates into a deficit of approximately 100 million cubic feet per day (MMCFD) — the equivalent of one LNG cargo. We contacted PLL for their comments on the issue, but they remained unavailable So, what’s going and why? The issue at hand Let us get straight to the point. The lack of cargo is a serious problem. There is no denying that. “The non-availability of LNG from SOCAR worsens an already dire energy situation in Pakistan, with potential implications for both the domestic population and the economy,” says Jawad Majeed, General Manager at Tabeer Energy. Moreover, the case of a tender for the spot market is also problematic. “In your approach to market, if you float a tender for 30 days with bids having a validity for 90 days then you’re unlikely to get a cargo in time. It was different in the case of Vitol, because Vitol coincidentally had a cargo at

the time,” explains Shahid Karim, CEO of LNGFlex and former CEO of Daewoo Gas. However, this might be precisely what PLL is banking on. Vitol secured a PPRA exemption for their cargo. PPRA regulations stipulate that a tender must remain valid for 30 days, and a waiting period of 15 days is required before awarding the tender. The Vitol cargo had a fleeting tender life of approximately one week, with the tender validity itself barely extending beyond 10-12 hours post-bid. The December cargo, procured as part of the tender, was accepted on October 4, and with it still being mid-November, there is a sliver of time left — albeit, not much. Consequently, this cargo is likely to come with a hefty price tag. We will be buying in peak season. On the topic of time, SOCAR can offer Pakistan a cargo 30 days prior to the cargo’s arrival. Despite the swirling speculations, the crisis is poised to intensify only if no agreement is reached by the time December

rolls around. The crucial point to underscore here is that PLL is cognizant of the looming problem, primarily due to the nature of the SOCAR contract itself. What is SOCAR, and what is the contract at hand? SOCAR is a fully state-owned national oil and gas company headquartered in Baku, Azerbaijan. The company produces oil and natural gas from onshore and offshore fields in the Azerbaijani segment of the Caspian Sea. Earlier this year, in June, Pakistan signed an agreement with Azerbaijan. According to the agreement, Azerbaijan would offer 12 distressed cargoes of LNG monthly to Pakistan on flexible terms for a span of one year. The agreement is also extendable to another one year. The contract itself is confidential, but we have it on good authority that the rumoured 45-day delivery window is 30 days and upwards till 60 days. There is no obligation for either of the

parties in this contract. SOCAR may offer, and Pakistan may accept. This uncertainty is baked into the agreement. As to why the contract might be acting up, the thing is it was always going to be problematic. Let us start with the term distressed cargo. Simply put, cargo is categorised as distressed when the buyer abandons the goods. This occurs when the buyer is no longer willing to honour the original contract agreed upon due to unfavourable or unexpected circumstances. “I am not aware of any distressed LNG cargoes. The only thing that points in that direction is that equity LNG is not available to anyone till the end of 2026, which means that you cannot do long-term contracts. Short-term trading is taking place and at times cargos come up for availability, but it is not appropriate or accurate to call them or term them distressed cargo,” explains Karim.

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