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DEBARRING SOMEONE FOR LIFE IS LIKE CONDEMNING HIM FOR LIFE: CJP
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Friday, 5 January, 2024 I 22 Jamada Al-Sani, 1445
JUSTICE MANDOKHAIL INQUIRES WHO IS RESPONSIBLE FOR DETERMINING IF CHARACTER OF A PERSON IS GOOD OR BAD?
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ISLAMABAD
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JUSTICE SHAH ASKS WHERE DISQUALIFICATION’S DECLARATION WOULD COME FROM?
STAFF REPORT
HIEF Justice of Pakistan (CJP) Qaiz Faez Isa on Thursday stated that debarring someone from office for life was the same as condemning them for life. “If you debar someone for life, you condemn that person for life. There is no redemption or forgiveness which the Samiullah Baloch [decision] also touches upon but does not attend to it at all,” he remarked as the Supreme Court heard a set of petitions seeking to determine whether the disqualification period for a lawmaker was for five years or a lifetime. A seven-member larger bench, headed by the CJP and comprising Justice Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, conducted the six hourlong marathon proceedings that were broadcast live of the apex court’s website. The hearing was adjourned till 9am tomorrow (Friday). The law, which sets the precondition for a member of parliament to be “sadiq and ameen” (honest and righteous), is the
same provision under which former prime minister Nawaz Sharif and Istehkam-i-Pakistan Party Chairman Jahangir Tareen were disqualified. The legal impasse arose in view of a 2018 SC judgment in the Samiullah Baloch case, when the apex court ruled that disqualification handed down under Article 62(1)(f) was supposed to be “permanent”. The verdict was issued by former chief justice Mian Saqib Nisar, Justice Sheikh Azmat Saeed, ex-CJP Umar Ata Bandial, Justice Ahsan and Justice Sajjad Ali Shah. However, in June 2023, an amendment was brought
‘Fake Corona certificate’: FIA initiates probe against visa service provider ISLAMABAD
SHAHZAD MALIK
The Federal Investigation Agency claimed to have obtained “irrefutable evidence” against Jerry International, a visa processing service provider for 18 countries including the United Kingdom and Schengen, for ‘alleged involvement’ in issuing fake Corona certificates. According to Deputy Director of Anti-Corruption Circle of the Federal Investigation Agency, Afzal Khan Niazi, Jerry International CEO Afzal Wali Muhammad and Manager Muhammad Nasir had been summoned for investigation into the charges. The Federal Investigation Agency (FIA) documents revealed that Jerry International Manager Muhammad Nasir failed to satisfy the agency during the course of investigation and remained unable to respond and explain as to “how these fake Corona certificates were provided.” He, however, successfully satisfied the FIA investigators that the Jerry International was duly registered with and was in possession of NoC from the Ministry of Health regarding the Corona Certificate. Similarly, Muhammad Khan Nasir could respond to the FIA question as to “how Jerry International staff made and issued corona certificates to the passengers.” It is important to mention that Jerry International is the only visa processing provider in Pakistan for 18 other countries including UK and Shenzhen. The FIA initiated the investigation following an application submitted by a passenger, Mohammad Haroon, who claimed that Jerry International had issued fake corona certificates to him and his colleagues, which later the airline declared fake, causing serious damage to them. Earlier, through the call-up notice, issued by the Deputy Director of Anti-Corruption Circle of the Federal Investigation Agency, Afzal Khan Niazi, the manager Muhammad Nasir and the CEO Afzal Wali Muhammad were summoned for investigation. Both the officials of the visa service provider were asked to appear before the authority and explain “under which authority Jerry International issued corona certificates.”
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in the Elections Act 2017, specifying that the period of the electoral disqualification will be for five years, not for life. The dilemma cropped up in the top court last month during an electoral disqualification dispute moved by Sardar Mir Badshah Khan Qaisarani, who had filed nomination papers to contest the 2008 and 2018 elections but was disqualification for producing a fake graduation degree. His appeal is still pending before the Lahore High Court. Delving deep into the matter of disqualification at the previous hearing, the CJP had questioned why two similarly
worded provisions of the Constitution provided different punishments to parliamentarians for the same offence. He had compared Article 62(1)(f) and Article 63(1)(g) and said the former entrailed a lifetime ban whereas the latter prescribed a five-year ban from parliament. The court had also appointed senior counsel Faisal Siddiqui, Uzair Karamat Bhandari, and legal adviser Reema Omar as amici to assist the court, expressing its intention to wrap up the case proceedings by Jan 11 as it may create “confusion” for returning officers. THE HEARING: At the outset of today’s hearing, Advocate Khurram Raza, who is in favour of lifetime disqualification, came to the rostrum. The lawyer raised questions about the maintainability of the proceedings. “Under what provision of law are these proceedings being conducted?” he asked. However, the bench directed Raza to stick to his petition. Resuming his arguments, the counsel said that the election tribunal could only grant a declaration and that the right could not be exercised by the high court or SC directly. However, he continued, cases against orders passed by the tribunal could be heard by the apex court under the scope of appeal.
Ex-spymaster rejects allegations of ‘conspiracy’ against govt ISLAMABAD
STAFF REPORT
Former DG of Inter-Services Intelligence (ISI) Faiz Hamid on Thursday recorded his statement to the Faizabad sit-in commission, denying allegations of conspiring against the government. The former spymaster was summoned by the panel — investigating the 2017 sit-in staged by the Tehreek-e-Labbaik Pakistan (TLP) — thrice but he failed to appear before it. He was then sent a questionnaire by the commission to which he responded and stated that he held negotiations with the TLP on the directions of the government. According to the sources, the commission had summoned the former army officer on January 2 (Tuesday) but he didn’t appear before the panel. 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 sec-
ond week of December last year and then on December 29, sources said. However, the first notice couldn’t be delivered. 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 orders of the Supreme Court of Pakistan under the chair
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of retired IGP Akhtar Ali Shah after the apex court rejected the fact-finding committee report constituted by the government. On November 15, Chief Justice Qazi Faez Isa 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 had also summoned Pakistan Muslim LeagueNawaz (PML-N) President and former prime minister Shehbaz Sharif on January 3 but he too didn’t appear and requested the commission to send him questions. He has now been sent a 21point questionnaire to answer. 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.
Gohar upbeat as PTI moves SC against PHC decision on ‘bat’ symbol ISLAMABAD
STAFF REPORT
The PTI filed a petition in the Supreme Court on Thursday against the Peshawar High Court’s verdict to restore the ECP’s December 22, which had stripped the party of its electoral symbol ‘bat’ with its chairman Barrister Ali Gohar expressed his confidence to get back “bat” for Feb 8 elections. The Supreme Court has fixed the petition for hearing on Friday (tomorrow). Yesterday, a single-member bench of the Peshawar High Court accepted a review petition filed by the Election Commission of Pakistan (ECP) and restored its December 22 decision, which had nullified the PTI’s intra-party election and stripped the party of its electoral symbol ‘bat’ for Feb 8 elections. In its decision, the electoral watchdog said that the party had had failed to hold intra-party polls — which saw Barrister Gohar Khan becoming the PTI chairman — in accordance with its prevailing constitution and election laws. Subsequently, the PTI had approached the PHC against the ECP decision and on Dec 26, a single-member bench of the high court ordered a temporary suspension of the ECP’s decision, instructing the commission to publish PTI’s intra-party poll certificate on its website and restore the party’s election symbol ‘bat’. However, the ECP had filed an intra-court appeal in the PHC against the verdict. The commission’s lawyers argued that the court had overstepped its jurisdiction by suspending the commission’s declaration on PTI’s intra-party polls and the subsequent revocation of its election symbol. A day earlier, the PHC had accepted the commission’s review plea and decided that the high court’s interim order on Dec 26 was an “ex parte order” as the same was passed without providing any opportunity for a hearing to the commission. “Under the election laws the whole exercise of holding and conducting an election i.e. right from the issuance of notification of holding an election till the publication of names of the successful; candidates in the official gazette, is a time-bound exercise, therefore, the said order has prima facie created hindrance in the smooth process of the election which is to be conducted by the ECP […] on the instant 8th of February,” the order said. ‘The PTI petition in apex court’ The PTI petition filed in the top court on Thursday named the Election Commission of Pakistan (ECP), PTI founding member Akbar S. Babar and 13 others, who had approached the ECP against the party’s intra-party polls, as respondents. The plea argued that the interim relief originally granted by the PHC was given after hearing the ECP, which was reflected in the court’s Dec 26 order, therefore yesterday’s PHC verdict was “not sustainable”. The plea said that there were 227 reserved seats and without the interim relief order, nomination forms could not have been filed by the candidates contesting for these seats. It further argued that the relief granted by the PHC was not “final” and the order was only operative till Jan 9. It said that the court had not disposed of the entire matter, terming yesterday’s verdict “misconceived”.
SIFC instrumental in attracting investment from GCC countries: PM ISLAMABAD
STAFF REPORT
Caretaker Prime Minister Anwaarul Haq Kakar on Thursday said that the Special Investment Facilitation Council (SIFC) was playing an active role in attracting investors from Gulf countries, including Qatar, to benefit from opportunities in key sectors of Pakistan’s economy. The prime minister, in a meeting with Ambassador of Qatar in Islamabad Ali Mubarak Ali Essa Al-Khater,
said that Pakistan and Qatar enjoyed strong, fraternal ties. He expressed Pakistan’s desire to expand bilateral cooperation across all spheres, particularly trade and investment. He also conveyed warm regards to the Amir of Qatar. The prime minister encouraged the Qatari ambassador to explore the potential for cooperation in tourism and media sectors. He said that Pakistan appreciated the role played by Qatar in diplomatic efforts that led to a temporary cease-
fire in Gaza. He stressed the need for concerted efforts by the international community, particularly Muslim Ummah, to bring peace in Palestine. As this was Ambassador Al-Khater’s first call on the prime minister since presenting his credentials in November, he congratulated the envoy on assuming ambassadorial responsibilities in Pakistan and hoped that the bonds of friendship between the two countries would further strengthen during his tenure.
Israel focuses assault on southern Gaza amid concern over wider war CONTINUED ON PAGE 03
GAZA
REUTERS
Israeli shelling killed 14 Palestinians on Thursday in Khan Younis in a southern coastal area of the Gaza Strip packed with people who had fled attacks in other parts of the enclave, Gaza health ministry officials said. The dead included nine children, an official told Reuters. There was no comment from the Israeli military on the attack although it had reported fighting and air strikes against Hamas fighters in the Khan Younis area on Thursday. Gaza residents also said Israeli planes and tanks bombarded three refugee camps in the centre of the shattered enclave, prompting many civilians to head south. Five Palestinians were killed in an Israeli air strike on a car in Al-Nusseirat refugee camp, health officials told Reuters. Israel’s war against Hamas is nearing the three-month mark amid international concern that the conflict is spreading beyond Gaza, drawing in the Israeli-occupied West Bank, Hezbollah forces on the Lebanon-Israel border, and Red Sea shipping lanes.
Fears were heightened after a drone strike on Tuesday killed Hamas deputy leader Saleh al-Arouri in the Lebanese capital Beirut. He was buried in the Palestinian camp of Shatila in the city on Thursday, amid throngs of mourners launching volleys of gunfire. Hezbollah leader Hassan Nasrallah vowed that his powerful Iran-backed Shia militia “cannot be silent” following the killing. Nasrallah said his forces would fight to the finish if Israel chose to extend the war to Lebanon, but he made no concrete threats to act against Israel in support of Hamas. Israeli military spokesperson Rear Admiral Daniel Hagari declined to comment when asked what Israel was doing to prepare for a potential Hezbollah response, saying only: “We are focused on the fight against Hamas.” Israeli Defence Minister Yoav Gallant, meeting US envoy Amos Hochstein, said there must be a “new reality” in the Lebanon-Israel border region which would allow Israelis who have evacuated northern areas to return. Hezbollah has been embroiled in nearly daily exchanges of shelling with Israel
across Lebanon’s southern border since the Gaza war began. Israel neither confirmed nor denied assassinating Arouri but has promised to annihilate Hamas, which rules Gaza, following its Oct. 7 cross-border assault in which Israel says 1,200 people were killed and some 240 abducted. Israel unleashed a ground and air blitz of Gaza in response to the Hamas attack. The total recorded Palestinian death toll had reached 22,438 by Thursday – almost 1% of its 2.3 million population, the Gaza health ministry said. Some 125 of these were killed in the past 24 hours, it said. Adding to the patchwork of violence across the region, two explosions on Wednesday killed nearly 100 people during a memorial ceremony for the late Iranian General Qasem Soleimani at the cemetery in southeastern Iran where he is buried. No group has claimed responsibility. US Secretary of State Antony Blinken was heading for the Middle East, including a stop in Israel, to continue “diplomatic consultations”, a US official said. GAZA BLOODSHED: In Thursday’s reported strike in Al-Mawasi on the western
side of Khan Younis, health ministry officials said nine children were among the 14 dead. Israeli shells had landed near tents erected in the area by displaced people, they said. Footage on Palestinian media showed
several bodies wrapped in blankets inside a hospital morgue in Khan Younis. The Palestinian Red Crescent said its headquarters in Khan Younis was hit, killing one person and wounding others.