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COURTS STANDING BEHIND EVERY POLITICAL PARTY FOR ELECTIONS: CJP ISA thursday, 4 January, 2024 i 21 Jamada Al-sani, 1445

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SC issues notices to Chief Secretary, IG Punjab on PTI’s plea for level playing field

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ISLAMABAD

Directs Khosa to approach tribunal and then contact SC if matter remains unresolved

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HIEF Justice of Pakistan Qazi Faez Isa on Wednesday declared that courts were standing behind every political party regarding elections while leading three-member bench hearing PTI’s contempt plea against the Election Commission of Pakistan (ECP) for violating directives on level-playing field. On Wednesday, a three-member bench, headed by CJP Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the Pakistan Tehreek-e-Insaf’s (PTI) petition regarding the level playing field in elections. The court issued a notice to the Chief Secretary and IG Punjab, seeking their response on PTI’s plea for a level playing field. The hearing was adjourned until January 8, Monday. At the outset of the hearing, the PTI’s lawyers submitted additional

documents to the Supreme Court stating that the nomination papers of 668 key PTI leaders, as well as around 2,000 proposers and seconders have been rejected. According to the additional documents, 56 cases of snatching of nomination papers of PTI leaders took place, while proposers and seconders were also arrested, and it was decided to place video evidence in this regard in the Supreme Court. Besides that, police also picked

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up proposers and seconders of the party’s candidates, read the documents. At the outset of the hearing, PTI counsel Latif Khosa and Shoaib Shaheen came to the rostrum. During the hearing of the case, CJP Isa expressed indignation at the prefix of Sardar along with the name of PTI lawyer Latif Khosa. He remarked that the Sardar-Nawab system ceases to exist now and would not be tolerated in court.

The chief justice told Latif Khosa that his government of the PPP legislated on abolishing the chieftaincy system, while now his sons had also become sardars. At this, Khosa replied that it was written by the stenographer and wouldn’t happen again. Justice Mazhar asked whether the PTI had approached the ECP on the SC’s verdict and that the “main case” had been dealt with on Dec 22 as the contempt plea was not a new case. He further asked whether the electoral body or its provincial branches had made a decision or issued any new directives. Khosa replied that the ECP had not given the PTI any directives. Here, the chief justice ordered Khosa to explain his legal and constitutional points rather than “starting a political lecture like everyone else”. The CJP asked how the inspector generals and the chief secretaries were related to the ECP and ordered the PTI counsel to provide evidence. Khosa responded that he had provided the details in his applica-

SC seeks ‘comprehensive’ report from commission on enforced disappearances ISLAMABAD

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The Supreme Court on Wednesday sought a “comprehensive report” on missing persons from the Commission of Inquiry on Enforced Disappearances, along with the details of all production orders issued so far. The orders were passed as a three-member bench comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali heard a set of pleas. Among the petitioners was Barrister Aitzaz Ahsan who highlighted how the unlawful practice of enforced disappearances continued unabated, haunting generations upon generations. The Commission of Inquiry on Enforced Disappearances commission, headed by Justice Javed Iqbal, was established in 2011 to trace missing persons and fix responsibility on the individuals or tion, to which Justice Isa said the party could make only the ECP a respondent in the contempt plea and that a separate plea needed to be filed for action against individuals. The CJP noted that if nomination papers had been rejected, an appeal could be filed against the rejection. Khosa informed the SC that 668 nomination papers of the PTI had been dismissed, to which Justice

Ex-spymaster, Shahbaz Sharif ‘skip’ Faizabad sit-in probe hearing g

Probe panel considering recording Lt-Gen (r) Faiz Hameed’s statement via video link ISLAMABAD

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Former ISI chief Lt-Gen (r) Faiz Hamid and PML-N President Shahbaz Sharif failed to appear before the Faizabad inquiry commission formed to probe the 2017 protest sit-in staged by Tehreek-eLabbaik Pakistan (TLP). The commission had summoned the former spy chief on Tuesday and former premier Shahbaz Sharif on Wednesday (Jan 3) for recording their statements. According to sources, the commission is considering the option of record Gen (r) Faiz Hameed’s statement through video link. This was the third time that the former ISI chief remained absent from the hearing being conducted by the inquiry commission, which earlier summoned him in the second week of December last year and then on December 29, sources said. However, the first notice couldn’t be delivered. Meanwhile, PML-N president Shehbaz Sharif fails to appear before the Faizabad Dharna Commission. Shehbaz Sharif was the chief minister of Punjab when the infamous Faizabad dharna (sit-out) took place near Rawalpindi. The commission has already recorded the statements of former prime minister Shahid Khaqan Abbasi, former interior minister Ahsan Iqbal, Fawad Hasan

Fawad and several bureaucrats and police officers. The Faizabad sit-in commission on Monday summoned former prime minister Shehbaz Sharif on January 3 to record his statement in the case. According to sources, the Pakistan Muslim League-Nawaz (PML-N) president was summoned as he was the chief minister of Punjab during the sit-in. In November last year, the caretaker federal government constituted the inquiry commission for the implementation of the Supreme Court’s 2019 Faizabad verdict. The probe panel was constituted on the order of the Supreme Court of Pakistan under the chair of IGP (r) Akhtar Ali Shah after the apex court rejected the factfinding committee report constituted by the government.

IHC bars authorities from ‘removing, harassing’ Baloch protesters ISLAMABAD

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The Islamabad High Court (IHC) on Wednesday barred the capital authorities from removing the Baloch protestors sitting outside the National Press Club. The Baloch protestors filed a petition in the IHC against the ‘harassing’ of Islamabad police with the protesters. The IHC, responding to the plea, issued an order and barred the police from removing Baloch Family members who were sitting outside the National Press Club. The court emphasized the importance of safeguarding the rights of individuals engaged in peaceful protests. It directed the police authorities not to ‘harass’ the people sitting outside the National Press Club. The court adjourned the hearing till January 05 and directed the Deputy Commissioner and SSP Operations to appear personally in court on January 5, addressing the matter in their individual capacities. During a press conference, the Caretaker Prime Minister Anwaarul Haq Kakar said that the issue of Baloch families from Balochistan was being projected in negative and in sharp contrast to realities as Balochs were standing with the state of Pakistan. Responding to different media queries during his visit to the Business Facilitation Center, the prime minister said that terrorists and armed militants had been involved in the killing of people of Balochistan. “They were killing doctors, lawyers, and teachers, “Anwaarul Haq Kakar stated. He reassured them that the state would fight with them with all force as they could not be given license to kill people. The prime minister, referring to criticism by a section of the media, said that the government was not fighting with the Baloch families and regretted that efforts were made to spread confusion and mingle things together.

On November 15, Chief Justice Qazi Faez Isa had remarked that the commission would be empowered to summon anyone, including former army chiefs, prime ministers and chief justices. The inquiry commission is required to submit its report to the top court on January 22. The probe panel has also summoned Pakistan Muslim League-Nawaz (PMLN) President and former prime minister Shehbaz Sharif on January 3 (today), sources had told Geo News on Monday. Earlier, former prime minister Shahid Khaqan Abbasi, ex-interior minister Ahsan Iqbal, then-secretary to PM Fawad Hasan Fawad and other senior officials serving in Islamabad and Punjab who were involved in the episode had appeared before the probe panel.

FAIZABAD VERDICT In November 2017, the top court had taken suo motu notice of the three-weeklong sit-in, which was held against a change in the finality-of-Prophethood oath, termed by the government as a clerical error, when the government passed the Elections Act 2017. The sit-in was called off after the protesters reached an agreement with the government. On February 6, 2019, a two-member bench of the apex court comprising the now-CJP Isa and Justice Mushir Alam recommended that persons, issuing an edict or fatwa to harm another person or put another person in the harm’s way must be dealt with iron hand and prosecuted under relevant laws. It also ruled that the intelligence agencies must not exceed their respective mandates. Later, the bench disposed of a suo moto case regarding the 2017 Faizabad sit-in staged by the TLP. The 43-page verdict issued by the two-judge bench and published on the apex court’s website read: “Every citizen and political party has the right to assemble and protest provided such assembly and protest is peaceful and complies with the law imposing reasonable restrictions in the interest of public order. “The right to assemble and protest is circumscribed only to the extent that it infringes on the fundamental rights of others, including their right to free movement and to hold and enjoy property.”

Imran, Fawad Ch indicted in contempt of ECP, CEC case ‘in absence of lawyers’ RAWALPINDI

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Pakistan Tehreek-e-Insaaf (PTI) founding chairman Imran Khan and former federal minister Fawad Chaudhry on Wednesday were indicted in contempt of the Election Commission of Pakistan and the chief election commissioner (CEC), the lawyers confirmed. An ECP bench, comprising four its members presided over the proceedings in Adiala Jail, where were both Imran Khan Fawad Ch have been incarcerated. The case was heard in-camera by a fourmember bench of headed by Nisar Ahmed Durrani in Adiala Jail and further hearing of the case was adjourned till January 16. PTI lawyer Intazar Hussain Panjutha posted on his x account that Imran was indicted in the absence of his lawyers. “No one has seen such a controversial election commission in the history of Pakistan,” he said. During the hearing, the Election Commission of Pakistan (ECP) formally indicted Imran Khan and Fawad Chaudhry. Both individuals, however, vehemently denied the charges leveled against them. Imran Khan accused the Election Commission members of bias, alleging a lack of impartiality in the proceedings. The ECP commission provided copies of the case to the former prime minister and the ex-federal minister, summoning witnesses to record their statements on January 16. The further hearing of the contempt of the election commission case was adjourned until January 16, following which Election Commission

organisations responsible for it. While hearing a case on the chronic malaise of enforced disappearances today, the SC instructed the commission to prepare a report on all the missing persons cases and provide production orders issued “in each of the cases” to the Attorney General for Pakistan within 10 days. As the proceedings commenced today, Ahsan’s lawyer Shoaib Shaheen read out loud previous judgments issued on the matter in court. He also mentioned the Faizabad sit-in case. However, the CJP asked how the case was linked to enforced disappearances. “Enforced disappearances are not directly mentioned [in the order] but it mentions the role of intelligence agencies,” the lawyer said. At that, the top judge remarked that the Faizabad sit-in verdict had upheld the fundamental right to protest.

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Mazhar wondered how the court could understand the matter without being provided with the figures for the forms accepted. Justice Mazhar also noted that the plea stated that data had been gathered via social media platforms and the names of a few had not been stated.

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PTI to move SC as PHC ‘returns bat’ to ECP; restores December 22 order PESHAWAR

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The Peshawar High Court (PHC) on Wednesday vacated a single-bench’s December 26 order and restored the Election Commission of Pakistan’s (ECP) December 22 order which had stripped the PTI of its electoral symbol ‘bat’. A single-member bench comprising Justice Ejaz Khan announced the reserved verdict on a review plea filed by the Election Commission of Pakistan (ECP) against the singlemember bench’s December 26 order. Following the decision on Wednesday, the Pakistan Tehreek-e-Insaf (PTI) announced to approach Supreme Court (SC) against the Peshawar High Court (PHC) verdict, restoring Election Commission of Pakistan’s (ECP) order which had stripped the party of its electoral symbol ‘bat’. Advocate Qazi Anwar and Barrister Gohar Khan represented the PTI while Sikandar Basheer Mohmand appeared on behalf of the ECP in the court. On December 26, the Peshawar High Court’s single-judge bench announced the verdict on PTI’s petition challenging the ECP’s verdict, which had stripped PTI of using the ‘bat’ symbol. The decision comes as a blow for the party which has been clamoring for a level playing field in the run-up to the general election. In case a party fails to obtain an election symbol through a judicial intervention, its candidates have to contest for the national and provincial assemblies’ seats as independents. In that case, it would not be possible for them to join the PTI, even after winning the elections, because they can only join a party duly enlisted with the ECP. ‘FLAWED DECISION REVERSED’ Speaking to Geo News, Pakistan Institute of Legislative Development and Transparency (Pildat) President Ahmed Bilal Mehboob said that the PHC’s original decision to suspend the ECP order was flawed. “I thought it would be reversed, if not by the high courts then by the Supreme Court (SC) and that is what has happened,” he said. At the same time, Mehboob expected the case to end up in the top court. “This is a very big decision. The PTI will suffer a huge setback and that is why the SC will finally decide it,” he said.

More than 100 killed in terrorist attacks near tomb of Iranian Guards’ Soleimani

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DUBAI

Agencies

members left Adiala Jail. In October 2022, the ECP had initiated contempt proceedings against the PTI chief, former party leader Asad Umar and Fawad for allegedly using “intemperate” language against the chief election commissioner and the electoral watchdog. However, instead of appearing before the ECP, the three had challenged the ECP notices and contempt proceedings in various high courts arguing that Section 10 of the Elections Act 2017, which is the statutory provision regarding the commission’s power to punish for contempt, was against the Constitution. The PTI leaders had also sought from the high courts a declaratory relief from the charges. But in January 2023, the Supreme Court had allowed the ECP to continue proceedings against Imran, Chaudhry and Umar, and on June 21, the ECP decided to frame charges against the trio.

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Two explosions caused by ‘terrorist attacks’ killed more than 100 people and wounded scores at a ceremony in Iran to commemorate top commander Qassem Soleimani who was killed in a 2020 US drone attack, Iranian officials said on Wednesday. Iranian state television reported a first and then a second explosion during an anniversary event at the cemetery where Soleimani is buried in the southeastern city of Kerman. “The blasts were caused by terrorist attacks,” state media quoted a local official in the Kerman province as saying. Babak Yektaparast, a spokesperson for Iran’s emergency services, was reported later as saying 73 people had been killed and 170 injured. The semiofficial Nournews had said earlier that “several gas canisters exploded on the road leading to the cemetery”. State TV showed Red Crescent rescuers attending to wounded people at the ceremony, where hundreds of Iranians had gathered to mark the anniversary of Soleimani’s death. Some Iranian news agencies said the number of wounded people was much higher. “Our rapid response teams are evacuating the injured… But there are waves of crowds blocking roads,” Reza Fallah, head of the Kerman province Red Crescent told state TV.


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