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IHC NULLIFIES PTI CHIEF’S JAIL TRIAL IN CYPHER CASE Wednesday, 22 November, 2023 I 7 Jamada Al-Awal, 1445
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DIVISION BENCH ALSO DECLARES AS NULL AND VOID AUG 29 NOTIFICATION ON JAIL TRIAL ISLAMABAD
TERMS LAW MINISTRY’S NOTIFICATION ‘WITHOUT LAWFUL AUTHORITY AND NO LEGAL EFFECT’
STAFF REPORT
HE Islamabad High Court (IHC) on Tuesday nullified the notification issued on August 29 regarding the jail trial of Pakistan Tehreek-e-Insaf Chairman Imran Khan in cypher case, declaring as null and void the proceedings of the case conducted in the jail so far. A division bench of the IHC comprising Justice Mian Gul Hassan Aurangzeb and Justice Suman Rifat Imtiaz announced the verdict which was reserved earlier in the day on an intra-court appeal filed PTI chief Imran Khan against the verdict of a singlemember bench. In the verdict, the IHC division bench declared Imran’s intra-court appeal maintainable. As a result, Imran and his aide Shah Mahmood Qureshi’s Oct 23 indictments in the case also stand null and void, and the trial will be conducted again in open court. “There is no provision in the Code of Criminal Procedure, 1898, which compels a
Magistrate to hold his Court in a usual Court Room. In exceptional circumstances and where it is conducive to justice, a trial can be conducted in jail in a manner that fulfills the requirements of an open trial or a trial incamera provided it is in accordance with the
procedure provided by law,” a written order of IHC stated while declaring the PTI chief’s appeal maintainable. It is to be recalled that on August 29, the IHC had suspended the PTI chief’s sentence in the Toshakhana case, but a special court
AVENFIELD, AL-AZIZIA CASES IHC to hear arguments on Nawaz’s appeals against convictions from Monday ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Tuesday resumed hearing of former prime minister Nawaz Sharif’s appeals against convictions in Avenfield and Al-Azizia cases and announced that it would begin hearing arguments on the appeals from November 27. A divisional bench of the IHC, comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb announced the decision after holding initial hearing Earlier, Nawaz Sharif’s pleas against convictions were restored for hearing in accountability references by the court. Pakistan Muslim League-Naqa (PML-N) supreme leader, who has returned from self-exile in London on October 21, was reached to the courtroom accompanied by party leaders Marriyum Aurangzeb and Ishaq Dar. A high court division bench headed by Chief Justice Aamir Farooq resumed hearing as Sharif’s lawyer Azam Nazeer Tarar approached the rostrum. NAB’s Deputy Prosecutor General Naeem
Tariq Sanghera, prosecutors – Afzal Qureshi and Rafay Maqsood were also present in the court. “How much time you will take for arguments on both appeals,” Justice Aamir Farooq asked Azam Nazeer Tarar. “We will first present arguments over appeal in the Avenfield reference”. “The court has already given decision over appeals of Maryam Nawaz and Capt (r) Safdar in Avenfield case,” Amjad Pervaiz Advocate said. “The high court’s decision in the case was not challenged thus the verdict has become final,” Azam Nazeer said. “We have made preparation for the Avenfield appeal today,” Tarar further said. How much time you have required for arguments on the appeal, the IHC chief justice asked. “I have required maximum time of two hearings,” Amjad Pervaiz replied. “It is not necessary that the arguments completed in two hearings, we have to look over the entire case,” the court remarked. “In my view the case has been maximum of six hours,” Tarar said.
“I have heard the appeal of the Avenfield reference and knows facts of the case. However, we both members of bench didn’t hear the appeal in AlAzizia reference,” chief justice said. “Do you require six to eight hours for arguments in Avenfield case,” CJ IHC questioned the lawyer. “I think we will require four to six hours,” Azam Nazeer Tarar replied. NAB Prosecutor said that he will require around half to two hours for arguments. “Is it means that the NAB has to say nothing,” chief justice remarked. “We are fixing the hearing on next Monday, if needed we will hear the case daily,” the bench said. Tarar pleaded for daily hearing of the case, “We will not waste a miniute” he further said. “We are fixing the hearing on Monday, the time will be conveyed to you,” Justice Aamir Farooq said. “Are you representing Nawaz Sharif,” Justice Miangul Aurangzeb questioned. “I will assist the court,” Amjad Pervaiz replied. The court adjourned the hearing till Monday and will hear arguments on Nawaz Sharif’s appeals on November 27.
What in world is a fuel charge adjustment and why is it swelling your bill? g
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CPPA HAS REQUESTED HIGHEST FUEL CHARGE ADJUSTMENT FOR 2023 FOR DECEMBER’S ELECTRICITY BILL PROFIT
DANIYAL AHMAD
On Monday, the Central Power Purchasing Agency (CPPA) — the representative body for the exWAPDA distribution companies (DISCOs) — lodged a request for a back-breaking fuel cost adjustment (FCA) of Rs 3.54 per unit. The CPPA contended that consumers had been charged a reference fuel cost of Rs 7.89 per unit in the month of October, whereas the actual cost had escalated to Rs 8.4 per unit. The proposed FCA, if approved, would be the highest for the calendar year of 2023. While it remains a mystery as to what the final FCA that NEPRA will sanction — especially considering its history of granting final FCAs lower than those requested by the CPPA — the question that begs to be asked is: why is the FCA for October exorbitantly higher than the preceding months? “The actual power generation during October 2023 was a significant 17% lower than the reference generation. This decrease in generation will inevitably inflate the capacity charges for the second quarter’s tariff adjustments of FY24,” explains Rao Aamir Ali, the Deputy Head of Research at Arif Habib. Furthermore, Ali underscores that the FCA will be reflected in January’s consumer price index calculations, thereby impacting inflation. The National Electric Power Regulatory Authority (NEPRA) has scheduled a hearing for the request on the 29th of November. Once a verdict is reached, the FCA will be levied on units of electricity consumed in October, against the meter readings recorded throughout
November, and will eventually be billed to customers in December. One might wonder about the delay in applying the charge. “The adjustments are made one month later, in the new bills after NEPRA’s approval,” explains Afia Malik, a Senior Researcher at PIDE. As for the lag for this specific charge, Malik attributes it to “administrative hurdles”. “For September’s FCA, CPPA applied for a hearing on October 13, and the hearing was then conducted on November 1,” Malik adds.” Now that we’ve covered the headlines, the question many might ask is: what even are fuel charge adjustments? Furthermore, there’s also the aforementioned calendar gymnastics that need to be understood. The anatomy of our electricity bills, and what is a FCA We have already delved into the intricacies of an average customer’s electricity bill in a previous article. However, let us recapitulate the main points.In adherence to the Nepra Tariff Standard & Procedure Rules (1998), NEPRA sets the tariff for all entities involved in the generation, transmission, and distribution of electricity. Atop the aggregate tariff, an array of charges – an electricity duty, a television licence fee, a sales tax, and an income tax – are levied, culminating in the final cost per unit that the customer is obliged to pay. The FCA is a constituent of the power purchase price, as part of the energy charge. This factor is a sanctioned adjustment bestowed upon electricity utilities by NEPRA, contingent on the monthly oscillation in fuel prices, generation mix, and volume. As a
result, this element may wield both positive and negative impacts. This facet hinges on the fluctuations in prices of fuel utilised to generate electricity and the alterations in generation mix and volume. NEPRA calibrates this variable for each month and transfers these costs to customers in their monthly electricity invoices post its meticulous scrutiny and approval. NEPRA determines this parameter for all Distribution Companies (DISCOs) across the expanse of Pakistan, inclusive of K-Electric. The computation mechanism for this component is the disparity between the weighted average fuel cost per unit dispatched for the month and the weighted average fuel cost per unit dispatched for the reference month – that is, the final month of the preceding quarter. The proclamation issued by NEPRA for the application of this factor encapsulates details of the amounts and the months wherein this element is to be applied. For instance, in our scenario, NEPRA’s verdict is to apply this facet of October 2023 in December 2023. There can also be multiple entries for this variable in a consumer’s bill if NEPRA elects to impose part of a month’s factor in a future charge. NEPRA’s rationale for such a decision can oscillate due to a myriad of factors, which it explicates in the corresponding proclamation. The most prevalent reason is that it opts to impose only a fraction of this component in any given month. The FCA is applicable to all customer categories – residential, industrial, and commercial – with the exception of lifeline consumers. On the flip side, consumers also reap a benefit when the cost of fuel diminishes.
Rs 15.00 | Vol XIV No 143 I 8 Pages I Lahore Edition
established under the Official Secrets Act had directed jail authorities to keep Imran in “judicial lockup” in the cypher case. The same day, the Law Ministry had issued a notification, stating that the Law and Justice Division had “no objection” to Imran’s trial in the cypher case being held at Attock jail. In September, however, Imran Khan was shifted to Adiala jail. In the verdict, the court declared the August 29 notification issued by the Ministry of Law and Justice impugned, terming it to be “without lawful authority and no legal effect”. “Notification (F.No.40(68)/2023-AVIII) dated 13.11.2023 issued by the Ministry of Law and Justice on the basis of the Cabinet’s decision dated 12.11.2023 as well as notification (F.No.40(68)/2023-A-VIII) dated 15.11.2023 issued by the said Ministry on the basis of the Cabinet’s decision dated 15.11.2023 are declared to be of no legal consequence for not having been preceded by an order of the learned Judge, Special Court in terms of Section 352 Cr.P.C. passed in judicial proceedings,” the order stated.
The court also clarified that notification issued on November 15 by the Ministry of Law and Justice on the basis of the cabinet’s decision on same day cannot be given retrospective effect. “Consequently, the proceedings with effect from 29.08.2023 and the trial conducted in case FIR No.06/2023, dated 15.08.2023 registered under Sections 5 and 9 of the Official Secrets Act, 1923 read with Section 34 of the Pakistan Penal Code, 1860 at Police Station Counter Terrorism Wing, Federal Investigation Agency, Islamabad, in jail premises in a manner that cannot be termed as an open trial stand vitiated,” it further stated. The cypher case pertains to a document waved by Imran, then the prime minister, at a public rally in March last year, terming it evidence of a foreign conspiracy behind the no-confidence motion he faced at that time. The motion was carried a few weeks later and Imran’s government ended.
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Israel, Hamas drop hint at ‘early deal’ on hostages’ release ISLAMABAD
MIAN ABRAR
Hamas and Israel have separately indicated at early deal for hostages release without giving further details. The chief of Hamas told Reuters on Tuesday that the Palestinian militant group was near a truce agreement with Israel, even as the deadly assault on Gaza continued and rockets were being fired into Israel. Hamas officials were “close to reaching a truce agreement” with Israel and the group has delivered its response to Qatari mediators, Ismail
Haniyeh said in a statement sent to Reuters by his aide. The statement gave no more details, but a Hamas official told Al Jazeera TV that negotiations were centered on how long the truce would last, arrangements for delivery of aid into Gaza and the exchange of Israeli hostages held by Hamas for Palestinian prisoners in Israel. Both sides would free women and children and details would be announced by Qatar, which is mediating the negotiations, said the official, Issat el Reshiq. Israel has generally avoided giving commentary on the status of the
Qatar-led talks. Israel’s Channel 12 television quoted an unidentified senior government source saying “they are close” but giving no further details. Hamas took about 240 hostages during its October 7 rampage into Israel that killed 1,200 people. says ‘making Netanyahu progress’ on return of Gaza hostages Israeli Prime Minister Benjamin Netanyahu has said that “we are making progress” on the return of hostages Hamas seized during the October 7 attack, after mediators said a truce deal was in sight, AFP reports.
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