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PTI WINS BACK ‘BAT’ SYMBOL AS PHC DECLARES ECP ORDER ‘ILLEGAL’ thursday, 11 January, 2024 i 28 Jamada al-Sani, 1445
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Court argues why ECP didn’t issue show-cause if PTI’s intra-party election was against constitution?
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PTI should be given bat as its electoral symbol; says verdict PESHAWAR
Staff RepoRt
N a significant development in favour of the embattled Pakistan Tehreek-e-Insaf (PTI), the Peshawar High Court (PHC) on Wednesday nullified the ruling by the Election Commission of Pakistan (ECP) and returned the electoral symbol of ‘bat’ to the PTI. On December 22, the electoral watchdog invalidated PTI’s intra-party elections, declaring withdrawal of the party’s iconic ‘cricket bat’ symbol. However, on December 26, the PHC, presided over by a single judge Justice Kamran Hayat Miankhel, suspended the commission’s decision to nullify the PTI’s intra-party polls and revoke its ‘cricket bat’ symbol. The court in its order had directed the commission to publish the PTI’s certificate on its website and restore the electoral symbol of the party. The ECP held a meeting following the PHC’s decision. The commission then decided to challenge the PHC decision through an intra-court appeal filed on December 30, 2023. A two-member bench, comprising Justice Ejaz Anwar and Justice Syed Arshad Ali, of the high court resumed the hearing on PTI’s intra-party election and election symbol case today with counsels representing the party and the Election
Commission of Pakistan (ECP) in attendance. In its verdict, the PHC directed the ECP to upload PTI’s certificate of intraparty polls on its website. “The PTI is entitled to the ‘bat’ symbol should be given the same as its electoral symbol,” said the PHC ruling. The verdict, which was reserved earlier in the day, was announced by a twomember bench of the high court comprising Justice Ejaz Anwar and Justice Syed Arshad Ali. The petition was filed by PTI Chairman Barrister Gohar Ali and other party leaders requesting the court to declare the ECP order illegal and
SC upholds ex-military dictator Musharraf’s death sentence in treason case ISLAMABAD
sans jurisdiction. As the hearing commenced, Justice Anwar remarked that the ‘ladla‘ (blue-eyed boy) title keeps switching from person to person. Advocate Qazi Javed stated that his client and PTI’s former district general secretary came to know about the intra-party polls from the media, mentioning that Javed wanted to participate in the party polls; but was not given the opportunity. Advocate Javed stated that he also approached the ECP in this regard. Upon Justice Anwar’s inquiry on whether all members or just provincial representatives were elected in the polls,
Javed remarked that the representatives of the entire country were elected. The counsel maintained that if PTI is demanding a level playing field, then it should provide the same to its party workers as well. The lawyer for petitioner Jahangir from Charsadda, Naveed Akhtar, stated that his client was the PTI’s district president and was dismissed from the party over a statement. Naveed claimed that PTI did not elect officials as per the constitution, maintaining that every party should abide by its constitution. Justice Ali inquired whether there could be a penalty for intra-party elections or was any action taken by the electoral watchdog, to which the lawyer replied that no action was taken by the election commission. The counsel for the complainant argued that the ECP should have ensured that the intra-party polls were held under Section 208. PTI lawyer Barrister Ali Zafar, while presenting his arguments, said he wanted to clarify the principle of jurisdiction in the case. He said that under Article 199, the PHC is empowered to hear the party’s plea as the intra-polls were held in Peshawar – which falls under the jurisdiction of the PHC. He further said that the party’s chairman also belongs to Khyber Pakhtunkhwa (KP) Province and when asked about the general secretary, he replied it is Umar Ayub. Justice Anwar remarked that if the intra-party election was against the constitution, ECP neither issued the party a show-cause notice nor any punishment and added that the election body only nullified PTI’s intra-party polls.
The Supreme Court on Wednesday upheld the death sentence of late former military ruler Pervez Musharraf, awarded by a Special Court in the high treason case. Announcing the short order, Chief Justice of Pakistan (CJP) Qazi Faez Isa said, “The impugned passed on January 13, 2020 by the Lahore High Court (LHC) […] is not sustainable and accordingly set aside.” The order comes as a fourjudge SC bench took up a set of appeals pertaining to the Jan 13, 2020 LHC order declaring unconstitutional the death sentence awarded to Musharraf on Dec 17, 2019. Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah were other bench members hearing the appeals. In December 2019, a special court in Islamabad found Musharraf guilty of high treason and handed him a death sentence under Article 6 (high treason) of the Constitution. It marked the first time in Pakistan’s history that a military chief had been declared guilty of high treason and handed a death sentence. The verdict was split 2-1. In January 2020, the LHC had declared unconstitutional all actions taken by the government against Musharraf, including the filing of a complaint on high treason charge and the formation of a special court as well as its proceedings, leading to the abolition of the death penalty handed down to him.
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Jan Achakzai, Mahrang Baloch trade barbs again ISLAMABAD
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Rs 15.00 | Vol XIV No 193 I 8 Pages I Karachi Edition
As protests for the recovery of Baloch missing persons continue in Islamabad, caretaker Balochistan Information Minister Jan Achakzai and Baloch activist Dr Mahrang Baloch have traded barbs. It was Jan Achakzai who accused Dr Mahrang Baloch, a human rights activist who is leading Baloch Yakjehti Committee’s (BYC) camp in the federal capital, of planning to move abroad on asylum. The minister’s remark came during a press conference in Quetta on Wednesday, where he shared the Baloch Enforced Disappearance Commission’s report on the missing persons. This report may shut the propaganda mills, he added. The interim minister said that the issue of Baloch missing persons has been used as an organised campaign and some people’s motivation can also be used in election campaigns and other interests. “Everyone knows Dr Mahrang’s motivation. She wants to get asylum in any foreign embassy or settle in any foreign country by getting a visa.
She has a dream to become Malala II,” Achakzai said. The minister said that the activist would keep selling this narrative but this “is a fact that the entire data has been received”. He disregarded the authenticity of any statistics part of the “propaganda” which are circulating in the private sector or media. Achakzai said that the commission’s report has been presented before the Supreme Court. He said that allegations were levelled regarding
the people’s arrests in Tonsa and other areas. “Banned outfits give the people names to be added to missing persons’ lists,” the minister said, adding that Pakistan is being defamed in the name of missing persons. He went on to say that more than 200 attacks took place in Balochistan last year. “Someone is involved in these attacks. Innocent people can’t be involved in terror attacks,” Achakzai stated. He said that people affiliated with banned outfits carry out attacks after getting training in camps. In response to the provincial minister’s remarks, Dr Mahrang told media that Achakzai and his government have been involved in “propaganda against us for a long time now”. “All they want to do is character assassination of the victims’ families,” she claimed, adding, “I am not leaving Pakistan, I’m sitting here in Islamabad and I’ll be here in this country.” The human rights activist added: “Why would I fly to somewhere else? Are we demanding anything unconstitutional? I want to tell the world that the issue is not about me.
Why caretaker govt offering free money to Pakistani startups? CONTINUED ON PAGE 03
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Unlike VC funds, PSF is an equity-free grant, aimed at bolstering tech ecosystem in country, but can it do so? PROFIT
NiSma Riaz
Caretaker Federal Minister for IT and Telecommunication, Dr. Umar Saif launching 'Pakistan Startup Fund' in Islamabad. Early on Tuesday afternoon every person imaginable from the Ministry of Information and Technology congregated in Islamabad to launch the Pakistan Startup Fund (PSF). What followed was a typical “launch ceremony” organised by the government. The minister gave a speech to a packed audience. The protocol flunkies nodded vigorously, the ministry lackeys clapped loudly, and the scoundrels of the press (including two of Profit’s own correspondents) took notes diligently. There was talk of revolutionising Pakistan’s IT landscape and uplifting the youth was mentioned for good measure. It was as typical as it gets. So much so that we won’t even question why a caretaker minister is launching funds and making policies and plans that will have far-reaching effects well beyond his constitutionally
mandated time in office. But what exactly is the Pakistan Startup Fund? To hear Dr Umar Saif and his very important ministerial entourage speak of it, the government wants to use the Rs 2 billion fund to annually help Pakistan’s nascent startup ecosystem. But what exactly does “helping” startups mean in this context? The Rs 2 billion up for grabs here are being offered equity free which makes this, for all intents and purposes, a subsidy. Except the money isn’t being given directly by the government but is rather being managed by Ignite — which is a non-profit company run by the Ministry of Information and Technology. So how will this fund work, and is it the best idea in the world? WHY CREATE THE FUND? This part is simple. Over the course of the past year startup funding has tanked all over the world. Pakistan, which since 2018 has been home to a steadily growing startup industry, has been adversely affected with many large startups having to shut shop. The government (not seemingly bothered about the pesky “caretaker” title that precedes
it) clearly believes in the potential of Pakistan’s startup ecosystem. That is why they have introduced the Pakistan Startup Fund. The Rs 2 billion are meant to act as a cover for underwriting risks for startups. What that means is if a startup needs to raise, for example, $700,000 in a particular year to stay on track but only end up raising $500,000 they can approach the fund to bridge the gap. In that way the fund acts as a kind of foil for startups. As funding has dipped in Pakistan potential founders might be becoming more risk-averse. Startups are already a risky business with 90% of startups likely to fail from the get-go. So in an environment where investment is rare and business risks are high, the appetite to create a startup might be significantly lower. The PSF, at least as envisioned by Dr Umar Saif, would offer an encouraging cushion for startups. WHAT ARE THE TERMS OF THE FUND? Now this is where things get interesting. For starters the fund has been created in collaboration with the Special Investment Facilitation Council (SIFC) which means it has
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Supreme Court Justice Mazahir Naqvi resigns amid pending reference ISLAMABAD
Staff RepoRt
Supreme Court Justice Mazahir Ali Akbar Naqvi on Wednesday tendered his resignation to the President, citing the decision as a result of the challenging circumstances surrounding his position. Justice Naqvi expressed his gratitude for the opportunity to serve in both the Lahore High Court and the Supreme Court but stated that continuing his duties under the current conditions had become “untenable”. The resignation, once approved by the President, will leave two vacancies in the Supreme Court vacant. It is noteworthy that a reference against Justice Mazahir Naqvi is awaiting consideration by the Supreme Judicial Council (SJC). Recently, a 3-member Supreme Court bench dismissed a request for an injunction on the council’s proceedings. Justice Naqvi had previously submitted a detailed response to the show cause issued by the Supreme Judicial Council, denying the allegations against him. He emphasized that while the council can receive information, it lacks the authority to act on any complaint against a judge. In his comprehensive reply, Justice Naqvi had argued that the council’s orders were in violation of established rules, contending that individuals providing information to the council should not play a role in the proceedings as per the rules.
Sharif family gets clean chit to contest polls LAHORE
Staff RepoRt
The election appellate tribunals on Wednesday gave a clean chit to members of the Sharif family to contest the upcoming general elections, scheduled to be held on February 8, after dismissing appeals filed by Pakistan Tehreek-e-Insaf (PTI) challenging the acceptance of the nomination papers for Nawaz Sharif, Shehbaz Sharif, and Maryam Nawaz. The election tribunals, comprising of 12 judges of the Lahore High Court (LHC), adjudicated appeals filed by candidates challenging the decisions of the respective Returning Officers regarding the acceptance or rejection of nomination papers. The appeals against the Sharif family centred around the acceptance of nomination papers for Nawaz Sharif from NA-130, Shehbaz Sharif from NA-132, and Maryam Nawaz from NA-119. The petitioner had objected to how the papers of Nawaz Sharif could be accepted, considering his lifetime disqualification. The appellant raised various questions before the election tribunal, seeking clarification on whether the nomination papers of an individual disqualified for a lifetime by the Supreme Court of Pakistan could be accepted. The appellant had also contested the Returning Officer’s decision to accept the nomination papers of Shehbaz Sharif, asserting that he had been identified as the mastermind behind the alleged criminal attack on the Supreme Court on November 28, 1997. Furthermore, the appellant contested the Returning Officer’s decision to accept the nomination papers of Maryam Nawaz, arguing that she did not meet the criteria of being “Sadiq and Ameen” (truthful and trustworthy). However, the tribunals dismissed the petitions against the Returning Officers’ decisions to accept these nominations. A tribunal also gave a clean chit to PTI’s Dr Yasmeen Rashid from NA130, Mian Mehmoodur Rasheed from PP-169, and other candidates from different constituencies by dismissing the Returning Officer’s decisions wherein their nomination papers had been rejected. The tribunals also upheld the Returning Officers’ decisions against PTI leader Chaudhry Pervaiz Elahi, his wife Qaisara Elahi, and their son Moonis Elahi for NA-64, NA-69, PP-32, and PP-34 respectively.
the backing of state institutions. This makes the fund a serious investment pool that startups can look towards. The only problem is that this fund has been created entirely equity free. Profit was informed that this fund will essentially function as the last cheque of equity free money in a round, whereby startups can access this government grant after they have raised 70% of the initial amount from VC funds. The government would be facilitating rounds by underwriting the last cheque for 25% to 30% of the round, without claiming equity and helping VCs by sharing some burden and helping startups finish the round. This means the government will be giving the startups this money and not taking any equity in exchange. Essentially, they are offering the startups money for free. If the startup still ends up failing the money has been burnt. If it does succeed, the government does not get any returns. The fund will be fueled by revenue from Ignite, a program funded by a portion of the federal government’s telecom receipts. This is the earlier mentioned company which also looks after and funds the network of eight National Incubation Centres (NICs) established in major cities of the country. During the same time, the minister had told Profit that the government already gives
quite hefty grants, which majority of the time go to waste. However, in this case they would tie this money to a VC round, or a private risk capital, essentially giving these grants to a company with a promising idea and commitment. WHAT DO THE CARETAKERS HOPE THIS WILL DO? At the launch of PSF, attended by Secretary IT Mr. Hasan Nasir Jamy, Additional Secretary Ms. Ayesha Humera Chaudhry, and representatives from prominent investment firms and foreign diplomats, Dr. Umar Saif, the caretaker minister of IT & Telecom, and Science & Technology, emphasised that the PSF is particularly tailored to assist startups in securing their initial external investments, as the fund’s grants will be essentially underwriting risks for investors and venture capitalists. Dr Saif, confident in Pakistan’s potential, said, “Pakistan is the fifth-largest country, and with smartphones in every household, there is no reason why we won’t see unicorns.” He highlighted that Pakistani startups had received over $800 million in investments in recent years, with some poised to become unicorns. And this isn’t a new plan. In October last year, Dr Saif told Profit that we need to keep encouraging venture capital growth in Pakistan and to assist with that, the government will be introducing the Pakistan Startup Fund, with a billion rupee value each year. However, the value of the fund was revised and bumped up by another billion rupees.
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