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‘WHAT NECESSITATES JAIL TRIAL’: IHC STAYS PROCEEDINGS AGAINST IMRAN IN CYPHER CASE Wednesday, 15 November, 2023 I 30 Rabi us Sani, 1445
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TRIAL COURT RECORDS TWO WITNESSES’ STATEMENTS INCLUDING AN FO OFFICIAL DURING 6-HOUR-LONG HEARING
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ISLAMABAD
LAW MINISTRY NOTIFIES IN-PRISON TRIAL OF IMRAN IN AL-QADIR TRUST CASE AND THOSHAKHANA REFERENCE
STAFF REPORT
HE Islamabad High Court (IHC) on Tuesday halted proceedings against PTI Chairman Imran Khan in cypher case, asking the authorities to explain the “circumstances” necessitating jail trial the former prime minister in the case. A division bench of the IHC, comprising Justice Miangul Hassan Aurangzeb and Justice Saman Rafat Imtiaz, announced the verdict while hearing the former prime minister’s intra-court appeal against a single-member bench’s decision that had allowed jail trial of the PTI chief. The cypher case pertains to a diplomatic document that the Federal Investigation Agency’s charge sheet alleges was never returned by Imran. The PTI has long held that the document contained a threat from the United States to oust Imran as prime minister. The former premier and his aide Shah Mahmood Qureshi, who is also behind bars, were indicted in the case on Oct 23. They have pleaded not guilty. The IHC had endorsed Imran’s indictment, disposing of his plea against the same, but had also instructed the special court judge to ensure a “fair trial”. At the commencement of the hearing today, PTI chief Imran Khan’s lawyer, Salman Akram Raja, and the Attorney General Mansoor Awan were present in the court. Justice Aurangzeb clarified that allowing certain family members of the petitioner did not make it into an open court hearing. The attorney general informed the court that the federal cabinet had approved the proceedings in the cipher case
at the trial court, and a copy of the relevant notification would be presented. Justice Aurangzeb expressed that the court will scrutinise the notification, questioning the “extraordinary circumstances” that led to the trial being conducted in its current manner. “We want to know the actual events; you have to inform us,” the judge remarked. Furthermore, the court sought clarification on the reasons behind the federal cabinet’s approval of the jail trial. “The most important question lies in determining the status of court proceedings preceding the cabinet’s approval,” Justice Aurangzeb asked. The judge also referred to the former Indian prime minister Indira Gandhi’s jail trial, saying “it was conducted at Tihar Jail where media was not allowed. Similar to that scenario involving a for-
‘Serious allegations’ against Gen Faiz may undermine institutions’ reputation: SC ISLAMABAD
STAFF REPORT
The Supreme Court has observed that allegations levelled by the private housing society CEO against former spy chief Lt Gen (retd) Faiz Hamid are of an “extremely serious nature” and would tarnish the reputation of the federal government if proven true. The observations come as the top court issued a written order for the November 8 hearing of the petition filed by Moeez Ahmed Khan against the former general. The petition filed with the human rights cell (HRC) of the apex court, sought action against Gen (retd) Faiz for alleged land grabbing and stealing valuables. “On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hamid. During the raid, valuables and records of our private housing society were stolen,” the petitioner had claimed. A three-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Athar Minallah and Justice Aminuddin Khan disposed of the petition and directed the complainant to approach the relevant forums. In the written order, the top court said the allegations against the former spy chief “are of an extremely serious nature, and if true, undoubtedly would undermine the reputation” of the federal government and other institutions. However, the judgment said the nature of a case filed under Article 184(3) of the Constitution is different from other cases, for a number of reasons. Firstly, the Supreme Court under Article 184(3) of the Constitution exercises original power, and whenever original power is exercised it must be done cautiously, the court said. “Secondly, where there exists other forum(s) to attend to the same it is best that they first do so.”
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mer premier, this case also involves the ex-PM.” After the arguments, the court sought a reply from the attorney general and adjourned the hearing. CYPHER CASE: Earlier today, Special Court (Official Secrets Act) Judge Abual Hasnat Zulqarnain presided over the hearing of the cipher case conducted at Adiala jail. Prior to the hearing, the PTI leaders’ legal teams and relatives as well as the FIA’s team reached jail. Barrister Salman Safdar, Umair Niazi, Sikander Zulqarnain and Khalid Yousuf Chaudhry appeared as Imran’s counsels while Barrister Taimur Malik and Faiza Shah were among Qureshi’s lawyers. Zulfiqar Abbas Naqvi and Shah Khawar were among the prosecutors who appeared before the trial court.
Limited family members of both the accused were allowed to attend the hearing as they were permitted to do so during the previous hearing. The former foreign minister’s daughters Gauhar Bano and Mehr Bano, as well as the ex-premier’s sisters Aleema Khan, Dr Uzma Khanum and Naureen Khanum, reached the Adaila Jail to attend the hearing. Talking to media after the six-hourlong hearing, Qureshi’s lawyer Barrister Malik said statements of two witnesses, including an official of the Foreign Office, were recorded in the court. He said the defence team requested that they be provided the FO’s transcript issued on April 25 last year. “We have asked the judge to provide us copies of all the documents submitted as case record,” Malik added. He said the hearing was subsequently adjourned till Friday. LAW MINISTRY APPROVES JAIL TRIAL IN AL-QADIR CASE: Meanwhile, the law ministry issued a notification approving Imran’s trial for offences under the National Accountability Ordinance, 1999 at the Adiala jail. The notification was issued hours after an Islamabad accountability court sought details from the National Accountability Bureau (NAB) about whether a notification was issued for a jail hearing of the Al-Qadir Trust case against Imran. The PTI chairman was first arrested in the Al-Qadir Trust case on May 9, which led to violent protests countrywide. He was released two days later after the Supreme Court deemed his arrest unlawful.
Evaluation of ‘Reko Diq mine share price completed’ ahead of Saudi deal ISLAMABAD
STAFF REPORT
International experts have completed the evaluation of the share price of Reko Diq gold and copper mine as Pakistan is looking to sell its stake to Saudi Arabia in the multibillion-dollar project, the prime minister’s aide said. Dr Jahanzeb Khan, the prime minister’s adviser on the Special Investment Council (SIFC), stated this while speaking to the media on Tuesday. He said the government would retain the majority shares in the project even after selling the stake to the kingdom. The statement comes days after caretaker Prime Minister Anwaar-ul-Haq Kakar said that the government is expecting to reach a deal with Saudi Arabia by December this year to sell shares in the Reko Diq project — one of the world’s biggest gold and copper mines in Balochistan. In an interview with Arab News, the premier had confirmed that negotiations with Riyadh are underway to sell shares in the Reko Diq project, saying he is “hopeful” of a deal by December. “We are quite excited at the Saudi offer, and we would be very much encouraging their participa-
tion, not just in this project but otherwise also,” PM Kakar said when asked if it was acceptable to the Pakistan government to sell its equity to Saudi Arabia. “It is the negotiation part, which is happening between the three parties, and let’s see what sort of outcome comes of that … We are just a government that would encourage the Saudis to be part of this deal and the rest of the nitty-gritty details, when they reach a certain decision, we’ll share the news.” Canadian company Barrick Gold Corporation owns 50% of the project’s shares under the revised agreement, while the Chilean company, Antofagasta, pulled out in return for $900m deposited by three governmental entities including the Oil and Gas Development Company Limited (OGDCL), Pakistan Petroleum Limited (PPL) and Government Holdings Private Limited (GHPL). The aforementioned entities possess a 25% share in the project — aimed at mining the undeveloped copper-gold deposits in Reko Diq, while the remaining 25% belongs to Balochistan including 15% on a fully funded basis and 10% on a freecarried basis.
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Barrick considers the mine one of the world’s largest underdeveloped copper-gold areas, with the over $7 billion project capable of producing 200,000 tons of copper and 250,000 ounces of gold a year for more than half a century. Barrick CEO Mark Bristow has repeatedly said the company’s stake wasn’t up for sale but it had no objection if Saudi Arabia wanted to buy out the equity of the Pakistan government, which would mean the South Asian country would no longer be able to maintain equal shares as the Canadian mining company. “We are still approaching that day,” Premier Kakar said when asked if his government would succeed in meeting the December 25 deadline. “Hopefully [we can expect a deal by December].” In August, Pakistan hosted officials from Saudi Arabia in its inaugural mining conference in Islamabad where Barrick officials were also present. Barrick and Saudi’s state-owned mining company Ma’aden jointly operate a copper project in Jeddah. Saudi Arabia’s Public Investment Fund (PIF) has been looking to invest in copper projects across the world as part of its drive toward funding energy transition projects.
BBC reveals ‘secret deals’ for Pakistan’s arms supply to Ukraine ISLAMABAD
MONITORING REPORT
Pakistan entered into a $364 million agreement with two private US companies last year, for sales of arms allegedly sent to Ukraine for its war with Russia, revealed BBC Urdu, in an extensive report published on Tuesday. The Russia-Ukraine crisis began in February 24, 2022 when Russian forces invaded the latter, which also coincided with the visit of Pakistani Prime Minister Imran Khan’s visit to Moscow. Ukraine crisis was very much part of the political discourse in Pakistan when these alleged contracts were signed during August 2022 particularly in the wake of Imran Khan’s visit to Moscow as prime minister the day the invasion was launched. Months after the visit, Gen Bajwa publicly called for the invasion to be stopped immediately. The Foreign Office has constantly denied any sale of arms and ammunition to Ukraine, saying that Pakistan maintained a policy of “strict neutrality” in the dispute between the two countries and did not provide them with any arms or ammunition in that context. It must be noted that these alleged developments took place during the rule of the Pakistan Democratic Movement (PDM) — a multi-party coalition that ousted Imran Khan-led government via a no-trust vote in April last year. The Army chief at the time was Gen Qamar Javed Bajwa, who retired in Nov 2022. During a visit to Pakistan this July, Ukrainian Foreign Minister Dmytro Kuleba had also rejected reports that Pakistan was supplying arms to Ukraine to support its military during the ongoing conflict with Russia. However, the BBC Urdu, in its report on Tuesday, claimed that Pakistan signed two contracts with American companies – “Global Military” and “Northrop Grumman” for the sale of 155mm shells. The Foreign Office and Defence Ministry are yet to comment on the report. Citing details of the contract from the American Federal Procurement Data System, the report alleged these weapons were bought from Pakistan, the contracts were signed in August 2022 and were specifically linked to the purchase of 155mm shells. The report, as published by BBC Urdu, details contracts signed in August 2022, totaling $364 million, with American companies “Global Military” and “Northrop Grumman” for the sale of 155mm shells. It added that a $232m contract was awarded to Global Military while another $131m contract was signed with Northrop Grumman. “These agreements expired last month i.e. October 2023,” BBC Urdu said. The report alleges that these weapons were transported from Pakistan to Ukraine, with deliveries made in a British military cargo plane from the Nur Khan Air Base, which landed in Rawalpindi five times. The first such plane landed in Rawalpindi the same day former army chief Lt Gen Qamar Javed Bajwa vowed to take Pakistan-UK relations to “historic heights” during an address at the passing-out parade at the Royal Military Academy in Sandhurst, it stated. “Each time, the plane flew from Nur Khan Airbase to the British military base in Cyprus and then to Romania, that too at a time when Russia was waging war in Romania’s neighbouring country Ukraine,” the report claimed. In its report, BBC Urdu, while citing further evidence for its claims said data by the State Bank of Pakistan also showed that the country’s arms exports increased by 3,000 per cent during FY2022-23. “Pakistan exported arms worth $13 million in 2021-22, while these exports reached $415 million in 2022-23,” it stated. The report also quoted a document of the Ukraine Security Assistance Initiative, which is a US Department of Defence funding programme designed to increase Ukraine’s defence capability against Russia. The document, it stated, showed contracts pertaining to the supply of 155mm shells to Ukraine in August 2022. It should be noted that the value of the two contracts for 155mm shells from Global Military and Northrop to Pakistan in August 2022 is also around $364 million, the report highlighted.
Nawaz Sharif manages to attract Balochistan ‘electables’ during Quetta visit QUETTA
STAFF REPORT
In a significant move ahead of the February 8 general elections, former prime minister Nawaz Sharif on Tuesday garnered support from more than two dozen electables in Balochistan, including former chief minister Jam Kamal Khan. The former premier held meetings with the leaders of the National Party (NP), Jamiat Ulema-e-Islam (JUI), Pashtoonkhwa Milli Awami Party (PKMAP) and Balochistan Awami Party (BAP) to gain their support. Nawaz Sharif arrived in Quetta on a twoday visit hours after Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto-Zardari, while addressing the media in Sindh’s Mithi area, advised the PML-N supremo to focus on Lahore instead of visiting Quetta. All mainstream political parties have been testing their muscles to gain support from Balochistan. However, the PML N has succeeded in winning the lion’s share from electables in the province. The former ruling
party can emerge as the largest parliamentary party in Balochistan after the joining of key electables from the province, it ruled after 2013’s general elections. Notably, significant figures from the former ruling party BAP, including Sardar Abdul Rehman Khetran, Muhammad Khan Lehri, Mir Ghafoor Lehri, Noor Muhammad Dumar, Toor Uthmankhail, Sardar Masood Luni, Sardar Fateh Muhammad Hassani, Mir Mujeeb ur Rehman Muhammad Hassani, Saleem Khan Khoso, Mir Shoaib Nowsherwani, Dostain Khan Domki, Rameen Muhammad Hassani and others, announced their allegiance to the PML-N. The PML-N’s engagement with JUI-F, NP, PKMAP, and BAP, coupled with support from key electables, positions the party favourably to secure significant backing in the forthcoming general elections. The NP and PKMAP, two nationalist parties, had previously formed an alliance with the PML-N post 2013 elections, solidifying their association during Dr Abdul Malik Baloch’s tenure as Balochistan chief minister.
Despite having a majority in the house, the PML-N decided to appoint Dr Baloch as the chief minister of Balochistan. However, Nawab Sanaullah Zehri was elected as the CM for the remaining period. Later, Zehri was re-
moved through a vote of no-confidence by Mir Quddus Bizenjo and the BAP was established inflicting serious harm to the PML-N. No delegation from the Balochistan National Party (Mengal) called on the former premier till the filing of this report. These meetings clearly indicate party positions in the upcoming general elections in Balochistan. Meanwhile, expressing his dedication to the province’s progress, Nawaz Sharif emphasised, “Development of Balochistan has always been dear to us.” He highlighted ongoing infrastructure initiatives, such as the extensive road network spanning thousands of kilometres, aimed at alleviating poverty and backwardness in the region. Nawaz particularly lauded the completion of the 650-kilometre road from Gwadar to Quetta, which significantly reduced travel time from two days to a mere eight hours. He acknowledged the sacrifices made during the road’s construction, with more than 40 people reportedly killed in the process. The former prime minister also remi-
nisced about the foundation-laying of key roads connecting southern Balochistan with Sindh in 1998-1999. He credited his government for the initiation of projects like Hakla and DI Khan Road, which experienced a four-year stall before being resumed by former prime minister Shehbaz Sharif. Nawaz Sharif highlighted the ongoing efforts to enhance the York-Sago Zhob Highway, connecting it with N-50. He also detailed various road projects, including those from Basima to Khuzdar and Kharan, as well as the collaboration with Japan for the Rakhi Gaj to Bewata road, linking northern Balochistan with south Punjab. Speaking about the delayed Kalat, Quetta, Chaman, Khuzdar, Karachi Dorvia (N-25) project, Nawaz Sharif expressed confidence in its completion within the next two to three years, provided the work continues. The former prime minister drew attention to his government’s role in constructing the coastal highway in 1998-1999 and the Gilgit-Skardu highway, completed at a cost of Rs62 billion.