SC GRANTS IMRAN, QURESHI BAIL IN CYPHER CASE In partnership with
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Saturday, 23 December, 2023 I 9 Jamada Al-Sani, 1445
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Rs 15.00 | Vol XIV No 174 I 8 Pages I Karachi Edition
ORDER, AUTHORED BY JUSTICE SHAH, g BENCH TAKES STRONG EXCEPTION TO SAYS THERE IS NO SUFFICIENT PROSECUTION’S HANDLING OF CASE, GRANTS INCRIMINATING MATERIAL AVAILABLE BAIL AGAINST SURETY BONDS OF RS1M Situation vindicates PTI’s allegations about level-playing field: Justice Minallah
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ISLAMABAD STAFF REPORT
HE Supreme Court (SC) granted bail to former prime minister Imran Khan and Pakistan Tehreek-e-Insaf (PTI) leader Shah Mahmood Qureshi on Friday in the cypher case. A three-judges SC bench comprising acting Chief Justice Sardar Tariq Masood, Justice Athar Minallah and Justice Mansoor Ali Shah, granted the bails against a
surety bond of Rs1,000,000 each. Imran Khan, the PTI’s founder, had approached the apex court for a bail relief in the case after the Islamabad High Court (IHC) rejected his post arrest bail application on October 27. It is pertinent to note that the bail in cypher case will not result in the former premier being released from jail. Imran is currently under judicial remand in the £190 million case, and also under arrest in the Toshakhana case. The cypher case is related to a piece of paper that Imran had waved at a public
Imran submits nomination papers to contest polls from Mianwali ISLAMABAD
STAFF REPORT
In a major development on Friday, Imran Khan, the founder of the Pakistan Tehreek-e-Insaf (PTI) and former prime minister, had his nomination papers submitted for the National Assembly constituency NA-89 in Mianwali, as reported by Express News. The development comes a day after Islamabad High Court (IHC) dismissed the former premier’s application seeking suspension of his conviction in the gift repository case. The order was believed to have effectively eliminated the possibility of the PTI founder contesting the upcoming general elections scheduled for February 8, 2024. However, on Friday, Imran Khan submitted the nomination papers from his home constituency, Mianwali. The Returning Officer, in the presence of Imran Khan’s representative, collected the documents. Earlier in the day, in a significant legal victory for the deposed prime minister, the Supreme Court (SC) granted bail to Imran and PTI leader Shah Mahmood Qureshi in the cypher case. The bails were granted against a surety bond of Rs100,000. Imran Khan had approached the apex court for bail relief in the case after the Islamabad High Court (IHC) rejected his post-arrest bail application on October 27. It is pertinent to note that the bail in cypher case will not result in the former premier being released from jail. Imran is currently under judicial remand in the £190 million case, and also under arrest in the Toshakhana case. The 71-year-old former cricket star has been embroiled in a tangle of political and legal battles since he was ousted as prime minister in April 2022. He has not been seen in public since he was jailed for three years in August for unlawfully selling state gifts while in office from 2018 to 2022. Even if he were unable to contest the election, any release on bail would be a major shot in the arm for his party as it would enable him to lead its campaign in the lead-up to the polls. Khan is widely believed to be the country’s most popular leader and won the last general elections in 2018. On Wednesday, PTI Chairman Gohar Ali Khan had said that Imran Khan will contest elections from three National Assembly constituencies including Lahore, Mianwali and Islamabad.
ISLAMABAD: Supreme Court Justice Athar Minallah on Friday observed that Pakistan Tehreek-e-Insaf’s (PTI) allegations of denial of the level-playing field ahead of the upcoming general elections are “prima facie correct” which stood vindicated by whatever happened at politician Usman Dar’s house. He made these observations while hearing the PTI’s petition seeking a level-playing field in the general elections. A three-member bench comprising acting chief justice Sardar Tariq Masood, Justice Minallah and Justice Syed Mansoor Ali Shah heard the petition. The director general law of the Election Commission of Pakistan (ECP) was also present in the court. The top court directed the ECP representative to meet the PTI counsels at 3:00pm today to address the party’s concerns regarding level-playing field. The SC also ordered attorney gen-
rally last year ahead of a vote of confidence that he lost. The former premier, later naming the US, had claimed that the
eral to assist the ECP in meeting with the PTI lawyers. PTI founder Imran Khan’s lawyer, Shoaib Shaheen said Maintenance of Public Order (MPO) orders were still being issued against their leaders despite the issuance of the election schedule. Neither the PTI candidates were being provided with the nomination papers, nor they were allowed to submit them, he said. Acting Chief Justice Sardar Tariq Masood inquired why the ECP was not taking any steps to stop the issuance of the MPO orders. Justice Masood said an order would be issued to the electoral authority to redress all the complaints after reviewing them. Lawyer Shoaib Shaheen said they should be allowed to submit the papers to the Election Commission if the returning officers did not accept them
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cypher was ‘evidence’ of an ‘international conspiracy’ to topple his government.
ECP strips PTI of ‘bat symbol’ as intra-party polls nullified ISLAMABAD
STAFF REPORT
The Election Commission of Pakistan (ECP) on Friday stripped of the Pakistan Tehreek-e-Insaf (PTI) of ‘bat’ symbol as well as chairman by declaring intra-party elections “unlawful and against the party’s constitution.” A five-member ECP bench — headed by Chief Election Commissioner Sikandar Sultan Raja — announced the verdict reserved a couple days ago upon completion of the hearing, nullifying the PTI’s intra-party elections. The ECP declared the 11-page order on 13 identical petitions including of Akbar S Babar, a former PTI member, who claimed that the PTI did not stage the elections in line with the rules. The verdict comes as another blow to the party already battling a multitude of odds in the run-up to the scheduled February 8 elections with its founder — PTI’s voter driving force — already behind bars for months — and his release does not seem soon. “PTI has not complied with our directions […] and failed to hold intra-party election in accordance with PTI prevailing Constitution, 2019, and Election Act, 2017, and Election Rules, 2017,” the order read. With the elections declared as unlawful, Barrister Gohar Khan, who replaced Khan as the party’s chairman, is no longer the party’s head. The party also seems to be running out of time as the extended deadline for filing nomination papers expires on Sunday and the party only has one day (Saturday) to move courts against the ECP’s decision.
The decision also came hours after PTI representatives held a meeting with the ECP officials following a Supreme Court order to remove the party’s reservations regarding the lack of a level playing field. “So keeping in view, the clear mandate of Elections Act, 2017 read with PTI constitution 2019, it is held that PTI has not complied with our directions rendered therein order dated 23rd November, 2023 and failed to hold intraparty election in accordance with PTI prevailing Constitution, 2019 and Election Act, 2017, and Election Rules, 2017,” the ECP’s written order read. “Therefore, the certificate dated 4th December, 2023 and Form-65 filed by the alleged Chairman, is hereby regretted and rejected accordingly. The provisions of Section 215 of the Election Act, 2017 are hereby invoked and PTI is hereby declared ineligible to obtain, the Election Symbol, for which they have applied for.” The development comes a day after the Peshawar High Court ordered the ECP to settle the issues of the PTI’s intra-party polls and its electoral symbol by Friday (today). The PTI had also asked the PHC to direct the ECP to publish the results of its internal elections on the commission’s website – a step required by the party to contest the next general polls. The PTI has been complaining repeatedly that it is being targeted and not being given a level playing field, and just hours before the order, the ECP had assured the party it would be provided equal opportunities. Political analyst Mazhar Abbas told Geo.tv that the election com-
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mission has “never” declared any political party’s internal polls unlawful, noting that it seems like the PTI is “under attack”. “This has never happened. Symbols have been taken back [..] but this is the first time that the ECP has given an order on a party’s intra-party polls,” Abbas said, adding that parties have opted for alternate methods, as it happened in 1985’s polls, so the PTI would also have to come up with a strategy. He noted that with the power of social media, if PTI’s candidates run as independents, the party could disseminate information about their symbols and the names of the people. “But one thing is for sure: This election is getting harder and harder for PTI,” he added. In response, PTI has announced knocking on the door of the courts to seek relief — and the decision will have to be on Saturday as if the deadline expires, there’s nothing that they can do to get the bat symbol. Terming it a “conspiracy” against the ex-ruling party, Pakistan Tehreek-e-Insaf (PTI) nowformer chairman Barrister Gohar Ali Khan on Friday announced that they would approach a high court against the Election Commission of Pakistan’s (ECP) decision stripping the party of its iconic election symbol — ‘bat’. “We will not boycott the elections […] we have a plan B,” Barrister Gohar told the media, without elaborating what the strategy was, as his party remains under immense pressure after back-to-back challenges.
IHC questions why Baloch protesters being forcefully sent back ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Friday inquired why Baloch protesters in the federal capital, who were subjected to brutal police torture a day earlier, were being “forcibly” sent back to their province. “They can stay in Islamabad, protest or go back home. The choice is theirs,” remarked IHC Chief Justice Aamer Farooq on a petition filed by Baloch protesters against unlawful detention. On Wednesday night, the Islamabad police used brutal force to disperse and detain Baloch demonstrators who had converged on the capital to protest against enforced disappearances and extra-judicial killings in their province. More than 200 protesters were taken into custody from different areas of Islamabad. The demonstrators were also met with tear gas, water canons and police batons. The events were strongly condemned by human rights organisations, politicians and analysts. Later on Thursday evening, the government said 90 per cent of the Baloch men and women taken into custody had been released, except for the men who “could not be identified” by police. During the hearing, the petitioners’ counsel Attaullah Kundi and Imaan Mazari appeared before the court. At the outset, Kundi contended that the police had told the counsels that a bus was waiting outside the police station which would take the protesters back home. “We had a conversation over this with the police for three hours,” he said. The lawyer further stated that the SP had told them that orders were issued by the prime minister for the repatriation of the protesters. “Baloch women were forcefully filled into buses,” he revealed, adding that some Baloch students studying in Islamabad were also forced into the buses. However, later these students were released, Kundi said. “Seeing all this, the drivers of the buses refused to move. During all this, the Islamabad police chief reached the police station and said these people should be sent back anyhow,” he told the court, adding that the gates of the police station were later closed. At 5am, the police issued a statement that protesters had been safely sent back home, the lawyer pointed out. At that, the court inquired who had appeared in court to represent the police to which a police officer came forth. However, Justice Farooq expressed displeasure and summoned IG Akbar Nasir in half an hour. At that, the court inquired who had appeared in court to represent the police to which a police officer came forth. However, Justice Farooq expressed displeasure and summoned IG Akbar Nasir in half an hour. Appearing before the court, the police chief said he had arranged for the transport of the protesters. “Wait a moment … where did you take them? Why did you send them? They could have stayed in Islamabad wherever they wanted to,” the judge stressed. “Whether they stay in Islamabad, protest or go home. It is their choice,” he remarked. Justice Farooq further inquired where the detained protesters were staying, to which the IG replied the arrested women were staying at a hostel in I-10 sector. “Tell the counsels where they are,” the court instructed the police chief. Here, Kundi pointed out that the IG had miscommunicated in court yesterday that there were no women in police custody and demanded that contempt proceedings be initiated against him. For his part, the police chief claimed the detained women protesters were provided with transport facilities to go wherever they wanted to. When asked how many protesters were in police custody, the IG replied that 216 Baloch men and women were at the Kohsar police station of which some had been sent on judicial remand. Out of these, 19 women were released, he added. Protesters at the Tarnol police station were released by the local magistrate while 162 detainees were sent on judicial remand, said IG Nasir. The court also asked about the number of women who were sent home, those released and the ones staying at the hostel. It also directed the police chief to arrange a meeting of the women with their counsels. “You have to convince them that not one person is missing,” Justice Farooq emphasised. At one point during the hearing, journalist Hamid Mir appeared in court. He said that during a press conference yesterday, a trio of caretaker ministers — Fawad Hassan Fawad, Murtaza Solangi, and Jamal Nasir — had said all the protesters were released. “But we found out that none of them were released. I went to the police station to check myself,” he said. “Women and children were being forcefully dragged and pushed into buses outside the Women Police Station.” Mir said he had also reached out to Fawad over the matter. “A little girl came to me and kept saying she didn’t want to go back,” he recalled. “But when I reached out to the police, they cursed at me and snatched my mobile phone,” the journalist said. Meanwhile, Ahmed Butt of the Human Rights Commission of Pakistan said the women were being filled into buses “like sheep” and highlighted that protests were a constitutional right of every person in a democracy.
UN Security Council acts to boost aid to Gaza after US abstains UNITED NATIONS REUTERS
The United Nations Security Council on Friday approved a toned-down bid to boost humanitarian aid to the Gaza Strip and called for urgent steps “to create the conditions for a sustainable cessation of hostilities” after a week of vote delays and intense negotiations to avoid a veto by the United States. Amid global outrage over a rising Gaza death toll in 11 weeks of war between Israel and Hamas and a worsening humanitarian crisis in the Palestinian enclave, the US abstained to allow the 15-member council to adopt a resolution drafted by the United Arab Emirates. The remaining council members voted for the resolution except for Russia which also abstained.
Following high-level negotiations to win over Washington, the resolution no longer dilutes Israel’s control over all aid deliveries to 2.3 million people in Gaza. Israel monitors the limited aid deliveries to Gaza via the Rafah crossing from Egypt and the Israelicontrolled Kerem Shalom crossing. But a weakening of language on a cessation of hostilities frustrated several council members – including veto power Russia – and Arab and Organisation of Islamic Cooperation states, some of which, diplomats said, view it as approval for Israel to further act against Hamas for a deadly Oct. 7 attack. The adopted resolution “calls for urgent steps to immediately allow safe, unhindered, and expanded humanitarian access and to create the conditions for a sustainable cessation of hostilities.” The initial draft had
called for “an urgent and sustainable cessation of hostilities” to allow aid access. “By signing off on this, the council would essentially be giving the Israeli armed forces complete freedom of movement for further clearing of the Gaza Strip,” Russia’s UN Ambassador Vassily Nebenzia told the council before the vote. Russia proposed the draft be amended to revert to the initial text calling for “an urgent and sustainable cessation of hostilities.” The amendment was vetoed by the United States. It received 10 votes in favour, while four members abstained. Earlier this month the 193-member UN General Assembly demanded a humanitarian ceasefire, with 153 states voting in favour of the move that had been vetoed by the United States in the Security Council days earlier. The US and Israel oppose a ceasefire,
believing it would only benefit Hamas. Washington instead supports pauses in fighting to protect civilians and free hostages taken by Hamas. AID MONITORING: Last month the United States abstained to allow the Security Council to call for urgent and extended humanitarian pauses in fighting for a “sufficient number of days” to allow aid access. The move came after four unsuccessful attempts to take action. Washington traditionally shields its ally Israel from UN action and has already twice vetoed Security Council action since an Oct. 7 attack by Hamas fighters in which Israel says 1,200 people were killed and 240 people taken hostage. Israel has retaliated against Hamas by bombarding Gaza from the air, imposing a siege and launching a ground offensive. Some
20,000 Palestinians have been killed, according to health officials in Hamas-ruled Gaza. Most people in Gaza have been driven from their homes and UN officials have warned of a humanitarian catastrophe. The World Food Programme says half of Gaza’s population is starving and only 10% of the food required has entered Gaza since Oct. 7. A key sticking point during negotiations on the resolution adopted on Friday had been an initial proposal for UN Secretary-General Antonio Guterres to establish a mechanism in Gaza to monitor aid from countries not party to the war. A toned-down compromise was reached to instead ask Guterres to appoint a senior humanitarian and reconstruction coordinator to establish a UN mechanism for accelerating aid to Gaza through states that are not party to the conflict.