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POLITICAL PARTIES SLAM AS SENATE PASSES RESOLUTION SEEKING DELAY IN POLLS
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Saturday, 6 January, 2024 I 23 Jamada Al-Sani, 1445
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NON-BINDING RESOLUTION MOVED DURING SESSION WITH ONLY 15 SENATORS IN ATTENDANCE
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Rs 15.00 | Vol XIV No 188 I 8 Pages I Lahore Edition
PTI, JI, PPP SAY CONSTITUTION ‘VIOLATED’ IN SENATE
No signal from ‘any quarter’ to delay polls: Solangi
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ISLAMABAD STAFF REPORT
N an utterly surprising move, the Upper House of Parliament on Friday passed a resolution seeking to delay the polls due to security concerns, adding to the uncertainty about the general elections slated for February 8, 2024. The Pakistan Tehreek-e-Insaf, Jamaate-Islami and the PML-N opposed the nonbinding resolution, which was moved by independent Senator Dilawar Khan during a session with only 15 lawmakers in attendance. The upper house of the Parliament has a total of 100 members. Senator Khan in the resolution said the Constitution upheld the right to vote for every citizen of Pakistan and the Election Commission of Pakistan was bound to conduct free and fair polls in contingent upon inclusivity and ensuring the participation of all regional people. “The vote turnout in colder areas remains notably high during the moderate
weather conditions. January and February are recognised as the coldest months in the majority of the areas in Balochistan and Khyber Pakhtunkhwa,” it stated. The resolution moved by Senator Dilawar got the approval in the presence of 15 senators, who were the only lawmakers present in the upper house of 100. PTI Senator Gurdeep Singh voted against the resolution while PPP Senator Behramand Tangi voted in favour of it. Following the vote, the Senate chairman adjourned the session indefinitely. The resolution said various political parties had expressed their reservations regarding difficulties in ensuring participation in cold areas during the electoral process. It also noted with “great concern” that the recent attempts on the lives of JUI-F chief Fazlur Rehman, former lawmaker Mohsin Dawar, and other political figures had raised concerns about the safety of political leaders. The Ministry of Interior has conveyed serious threats to the lives of prominent politicians increasing the
‘Self-Determination Day’ provides base to Kashmiris’ struggle: Speakers ISLAMABAD
STAFF REPORT
ISLAMABAD: Caretaker Federal Minister for Information, Broadcasting and Parliamentary Affairs Murtaza Solangi on Friday said that the government had received no signal from “any quarter” to postpone the general election, scheduled to be held on February 8. “So far, no signal has been received from any quarter regarding postponement of elections,” he said while talking to the media outside the Parliament House in Islamabad. “Only the Election Commission of Pakistan (ECP) has the constitutional authority to postpone the elections”, he said. City Article 218(3) of the Constitution, Solangi said this article empower the ECP conduct elections, give a date or change the date for elections. “We cannot interfere in the affairs of a
challenges faced by political parties in exercising their right to a free and fair election,” the resolution said. It added that there had been a spike in attacks on security forces and citizens, particularly in KP and Balochistan. “The intelligence agencies have warned of militant attack on election rallies in both provinces,” the resolution stated. “Cognisant of the resurgence of Covid-19 in the country and the health sector’s concerns about the potential further spread reaffirm that while holding the judgment of the Supreme Court re-
constitutional body.” The caretaker minister comment statement came after the Senate passed a resolution seeking a delay in elections citing security concerns. The resolution, presented by independent Senator Dilawar Khan, was opposed by Solangi and PTI, PML-N Senator Afnan Ullah Khan. The upper house of parliament has a total of 100 members, out of which a mere 14 were present during today’s session. The minister lamented that he did not get a chance to give arguments in the resolution on the postponement of the elections in the upper house. Acknowledging the problems mentioned in the resolution as genuine, Solangi, however, stated that these had existed in the past as well. STAFF REPORT
garding the election date in the highest esteem, the Senate of Pakistan, being the defender of the rights of the federating units is obligated to ensure the constitutional guarantees and eliminate fears of the smaller provinces, especially vulnerable geographical territories. “The Senate of Pakistan hereby resolves that the conduct in elections without addressing legitimate concerns, facilitating sufficient opportunities for election campaign and guaranteeing the safety of politicians and citizens would amount to violation of fundamental rights,” Dilawar added.
LHC seeks ECP, Pemra’s replies on ban on broadcasting election survey LAHORE
STAFF REPORT
All Parties Hurriyat Conference Azad Jammu and Kashmir (APHC-AJK) chapter organized a seminar, today, in Islamabad in connection with the Self-Determination Day. APHC-AJK Convener Mahmood Ahmad Saghar chaired the meeting while Lord Mayor of Stoke-on-Trent, London, Majid Khan was the chief guest. Convener Mahmood Ahmad Saghar and other speakers highlighting the importance of the resolution adopted by the United Nations Commission for India and Pakistan (UNCIP) on Kashmir on January 5, 1949 provides the basis for the freedom struggle of the Kashmiris and recognizes their right to self-determination. They said the Kashmiris have rendered unparalleled sacrifices for securing their right to selfdetermination and the process continues even today. The speakers said despite using all the resources India failed to suppress the freedom spirit of the Kashmiris, adding it should create conducive environment for the peaceful settlement of the lingering Kashmir dispute by realizing the ground realities. They appealed to the United Nations to implement its resolutions regarding Kashmir and urged the international human rights organizations to take notice of the increasing violations of human rights in Indian illegally occupied Jammu and Kashmir. The settlement of the Kashmir dispute is imperative for the establishment of permanent peace in South Asia, they added. The speakers also expressed serious concern over the prevailing situation in the occupied territory and lamented that the Indian troops were killing youth in custody, barging into houses, arresting people, torturing residents, including women and elderly people, and destroying property. They termed India’s repressive actions in occupied Kashmir as illegal, unconstitutional and against the international laws and United Nations resolutions. At the end, a special prayer was offered for the martyrs of occupied Jammu and Kashmir. The speakers included Chairman of Jammu and Kashmir SelfDetermination Movement International, Raja Najabat Hussain, APHC-AJK leaders Muhammad Farooq Rehmani, Sheikh Abdul Mateen, Imtiaz Wani, Mir Tahir Masood, Altaf Hussain Wani, Muhammad Hussain Khateeb, Khursheed Mir, Showkat Ahmed, Sheikh Majid, Syed Mushtaq Gilani and others.
The Lahore High Court (LHC) sought replies on Friday from the Election Commission of Pakistan (ECP) and Pakistan Electronic Media Regulatory Authority (PEMRA) by January 9 on a plea challenging the latter’s ban on airing election surveys on television channels. Journalist Muneer Ahmad Bajwa has filed the plea through advocate Mian Dawood, plea seeking the court to set aside PEMRA’s notification regarding a ban on airing election surveys on television channels. The petitioner also requested the court to declare clause 12 of the Code of Conduct (COC) for National Media, issued by the ECP, ultra vires and unconstitutional. During proceedings on Friday, Justice Ali Baqar Najafi expressed astonishment over the ban, noting election surveys are conducted and discussed across the world. As hearing began, Justice Najafi summoned the ECP’s lawyer but was informed that the counsel was busy with matters relating to nomination papers at another court. The court was requested to adjourn the hearing upon which, Justice Najafi adjourned the case till January 9. In his argument, the petitioner’s counsel Advocate Dawood informed the court that
this was the first time that such a ban had been imposed through the introduction of clause 12 of a media code of conduct. He said the ban needs to be strongly condemned, arguing that it was tantamount to depriving the public of their independent opinion. The ECP first issued the code of conduct, and then wrote to PEMRA to restrain television channels from airing election surveys. Following the ECP’s directives, the media regulatory authority issued a notification banning all coverage of election surveys on television channels. He contended to the court that “the freedom of press and speech was a fundamental right of the people of Pakistan, which cannot be curtailed or limited by state functionaries using any technical, non-technical, ambiguous, unambiguous or any other circulars, rules and even through law as interpreted in PLD 2016 SC 692. It is consti-
tutional duty of the judiciary to enforce the fundamental rights whenever pointed out through public interest litigation”. “Free and fair journalism was the core and heart of democracy, because the right to information is now being recognized as an inalienable right all over the world, most specifically of the citizens of Pakistan,” the petition maintains. It further adds that, “The political parties have a legitimate right to run their campaigns through various channels, including social media. Restricting the ability of media outlets and influencers to engage in pollingrelated activities may inadvertently impede the free flow of information that is crucial for an informed electorate during an election period.” The petitioner made the ECP and PEMRA respondents through their chairmen, and the federal government through secretary of the Ministry of Information and Broadcasting.
‘Shorter Order Soon’: SC reserves verdict in lifetime disqualification case ISLAMABAD
STAFF REPORT
The seven-member larger bench of the Supreme Court (SC) on Friday reserved its verdict on a set of petitions seeking to determine period for disqualification of a lawmaker with Chief Justice of Pakistan (CJP) Qazi Faez Isa said to issue a “shorter order as soon as possible.” “Probably not today but God willing, we will as soon as possible come up with a shorter order” CJP Qazi Faez Isa said in the concluding remarks of the hearing. Headed by CJP Qazi Faiz Isa, the seven-member larger bench, comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, held marathon hearing in the case, while was broadcast live on the apex court’s website. The SC bench is hearing a set of 15 petitions to determine the period of disqualification under Article 62(1)(f), especially in light of the inconsistencies found between two constitutional provisions — one prescribing a lifetime ban while the other proposing a five-year disqualification period. The court will decide whether the 2018 Samiullah Baloch case, or the 2023 amendments to the Elections Act 2017 that reduced the ineligibility period to five years, will prevail. The law is the same provision under which former prime minister Nawaz Sharif and Istehkam-i-Pakistan Party Chairman Jahangir Tareen were disqualified. The legal conundrum 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 Ijazul Ahsan and Justice Sajjad Ali Shah. However, in June 2023, an amendment was made to 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 was disqualified for producing a fake degree. His appeal is still pending before the Lahore High Court. At the previous hearing, Justice Isa had regretted that constitutional amendments dealing with the disqualification of lawmakers under Article 62(1)(f) were thrust upon parliament under peculiar circumstances, without any debate. “I have repeatedly emphasised that there is a need to understand the broader picture and the way such amendments in the Constitution were brought in,” the CJP had observed, adding these things were introduced during the martial law by dictators, when the will of one individual prevailed, merely because of the fear that otherwise the individual may perpetuate his rule for another 25 years. “Thus, these provisions were made fait accompli,” he had said. THE HEARING: As the proceedings commenced today, the bench summoned Advocate Makhdoom Ali Khan, the lawyer of Jahangir Khan Tareen, to come to the rostrum. The lawyer stated that the Samiullah Baloch case made a “complete disconnect” between Article 62 and Article 63 of the Constitution, which talk about the disqualification of lawmakers. “It observes that these are two different sets and two different considerations prevail, therefore the language of Article 63 would not be allowed to inform the language of Article 62 of the Constitution,” he contended. Makhdoom maintained that the SC, in the said case, was not talking about a declaration made under the penal laws of the country. At one point, Justice Shah pointed out a benefit that could be drawn from the Samiullah case judgment was that the nature of the declaration was obvious while the duration of the disqualification remains unclear. For his part, Makhdoom said: “[…] I could not find a case for any common law jurisdiction where as a result of civil liability and a decree of a civil court, a citizen is denied the right to exercise, or the protection of a fundamental right guaranteed by the Constitution for the rest of his life.” He further put forward questions regarding which court was capable of granting a declaration under the civil laws of the country that a person is honest and truthful.
PTI completes polls preparations in light of Khan’s instructions ISLAMABAD
STAFF REPORT
Pakistan Tehreek-e-Insaf Core Committee announced that the party gave finishing touches to its preparations for the upcoming general elections including the finalisation of the lists of the potential ticketholders in the face of the worst state coercive measures and blatant interference in the election process. PTI Core Committee, in its meeting held on Friday, held a detailed deliberation on the issues pertaining to the distribution of tickets for the general elections in the light of the instructions of PTI Founding Chairman Imran Khan. The forum revealed that the party was all-set for the general elections slated to be held on February 8 and all preparations including the lists of final ticketholders of Na-
tional and Provincial Assemblies were completed in this regard. PTI Core Committee lauded the efforts of the candidates to submit their nomination papers on a large scale and to get them approved despite the worst state oppression and suppression and blatant interference in the election process. The participants strongly condemned and rejected the passage of the unconstitutional, illegal and undemocratic resolution in the senate seeking postponement of the elections. PTI Core Committee recalled that the Supreme Court, headed by Chief Justice Qazi Faiz Isa, had given a clear order for holding free, fair and transparent general elections on February 8, 2024 in its decision of November 3, 2023. The forum emphasised that at this juncture, the country could not afford instability
created as a result of unconstitutional efforts like postponement of elections. They expressed apprehensions that the unconstitutional steps to delay polls beyond the scheduled date of February 8 would push the country into the quagmire of socio-economic crises. PTI Core Committee alarmed that cynical attempts to influence the timely conduct of elections or their transparency would lead to chaos and instability in the country and it would be next to impossible for the next government to steer the country out of the chaotic situation. The forum urged that all state institutions should take effective and cogent measures to ensure timely, free and transparent conduct of elections on February 8 by fulfilling their constitutional responsibilities so as to put the country on the path of progress and prosperity.