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Friday, 12 January, 2024 I 29 Jamada Al-Sani, 1445
Rs 15.00 | Vol XIV No 194 I 8 Pages I Karachi Edition
DAY AFTER MAZAHAR NAQVI, JUSTICE IJAZUL AHSAN STEPS DOWN AS SC JUDGE ‘BREWING CRISIS IN JUDICIARY’
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JUDGE, SECOND IN SENIORITY, SENDS RESIGNATION TO PRESIDENT DR ARIF ALVI
SJC gives ex-judge Naqvi another chance to present his case
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ISLAMABAD
STAFF REPORT
HAT comes as a blow to the top court, Justice Ijazul Ahsan on Thursday resigned from as position as the senior judge of the Supreme Court. Justice Ahsan has submitted his written resignation to President Dr Arif Alvi. The development comes a day after Justice Sayyed Mazahar Ali Akbar Naqvi – who faces charges of misconduct –resigned as a judge of the Supreme Court, saying it was almost impossible for him to continue holding this position. Justice Naqvi is accused of misconduct and embroiled in ongoing proceedings at the Supreme Judicial Council (SJC) in this connection. His resignation was accepted by the president subsequently. On Tuesday, Justice Ijazul Ahsan raised concerns about the manner in which the SJC was conducting proceedings on complaints filed against another Sayyed Mazahar Ali Akbar Naqvi. Justice Ahsan had called for the withdrawal of the show cause notice issued to Justice Naqvi on November 22. The senior judge issued his 4-page opinion, highlighting the reasons why he
disagreed with the majority verdict to issue show cause notices to Naqvi. “Before I set out my reasons, I wish to say something about the manner in which these [SJC] proceedings are being conducted. Unfortunately, in my opinion, proceedings are being conducted in undue haste contrary to established norms,” he said. He was second in the seniority list of the Supreme Court judges and was slated become the next chief justice of Pakistan following incumbent CJP Qazi Faez Isa’s retirement in October this year. “I have had the honour and privilege of serving as a Judge of the Lahore High Court, the Chief Justice of the Lahore High Court and a Judge of the Supreme Court of Pakistan,” Justice Ahsan wrote in his resignation, a copy of which is available with Pakistan Today. The top judge said that he no longer wished to continue as a judge of the Supreme Court of Pakistan. “Therefore, I, Justice Ijaz ul Ahsan, resign as a Judge of the Supreme Court of Pakistan in terms of Article 206(1) of the Constitution with immediate effect,” he further said. According to the judge, the council, entrusted as it is with enormous constitutional responsibilities under Article 209 of the Constitution, is a body that must act with deliberate care and after full,
PTI files contempt plea in PHC against ECP PESHAWAR
STAFF REPORT
The Pakistan Tehreek-e-Insaf (PTI) on Thursday filed a contempt plea in the Peshawar High Court (PHC) against the Election Commission of Pakistan (ECP) over tis failure to implement the court’s order in electoral symbol ‘bat’ case. A day earlier, the PHC had declared “illegal” the ECP’s decision to revoke PTI’s iconic ‘bat’ electoral symbol and reject its intra-party polls. In the short order, the PHC had termed the ECP order as “illegal, without any lawful authority and of no legal effect”. “The ECP is directed to forthwith publish the certificate [of intra-party polls] filed by the petitioner on its website in terms of section 209 of the Elections Act, 2017,” the bench consisting of Justice Ijaz Anwar and Justice Syed Arshad Ali said in a brief order. Moreover, it affirmed PTI’s entitlement to the election symbol under sections 215 and 217, along with other applicable provisions of the Election Act, 2017, and Election Rules, 2017. The PTI, in its plea, has made the Chief Election Commissioner Sikandar Sultan Raja, secretary election commission, and members of the ECP respondents. The petition stated that “this action by the ECP is considered contempt of court, hindering PTI’s regular electoral process, as evident from the court’s explicit instructions”. The plea urged the court to punish the respondents as per the law for not complying with the yesterday’s orders. The petition stated that the election commission had not “issued the certificate to PTI on its website” despite yesterday’s directives, which amounted to contempt of court.
ISLAMABAD: The Supreme Judicial Council (SJC) on Thursday gave Justice (r) Sayyed Mazahar Ali Akbar Naqvi another chance to present his viewpoint before the body. The development came a day after Naqvi stepped down from his post due to “circumstances which are a matter of public knowledge and to some extent public record”. The SJC served an intimation notice on Naqvi, whose resignation was accepted by President Arif Alvi earlier today, asking him to appear before the body tomorrow if he wants to give his viewpoint against the complaints lodged against him. During the course of proceedings, SJC Chairman Justice Qazi Faez Isa remarked there could be two reasons behind the judge’s resignation: the complaint against the judge was false and he stepped down under pressure or the allegations were true and he did not want to face them. “The question of judge’s dismissal is now irrelevant,” he stated, adding that the council had just sent a report to the president. “If allegations had been proven, then the council would have requested the president for the judge’s dismissal.” All institutions, including SC, were accountable to the people, remarked Justice Isa, adding: “If everyone learns this thing, all the problems
frank and detailed discussion. “This is especially so where there is no unanimity and some members (or even one member) are inclined to disagree with [the] majority. This approach has been entirely lacking in the present proceedings. Debate and discussion has been non-existent and has not been permitted.” Justice Ahsan also said the SJC pro-
will be solved.” Meanwhile, the SJC, noting that Naqvi’s lawyers would be heard if they requested, adjourned the proceedings till 11am tomorrow (Friday). The former judge submitted his resignation hours after a three-member bench of the apex court rejected Justice (retd) Naqvi’s plea seeking halting of the SJC’s proceedings. Several complaints of misconduct were filed against Justice (retd) Naqvi with the SJC by lawyers as well as the Pakistan Bar Council (PBC) seeking his removal, particularly after his name surfaced in connection with an alleged audio leak. It is important to note that the top court judge’s name also surfaced in connection with the recent audio leaks purportedly involving him, former Punjab chief minister Parvez Elahi, and others. Taking notice of the allegations, the SJC, on October 27 last year, issued a show cause notice to Naqvi. In his response, the SC judge raised issues with the inquiry and called for CJP Isa and two other judges to recuse themselves from the matter. On November 20, he contested the SJC proceedings and also challenged the show-cause notice issued to him by the council, saying the initiation of proceedings was coram non-judice and without lawful authority. STAFF REPORT
ceedings on November 22, 2023, when it issued the second notice to Justice Naqvi, were completely devoid of any discussion or deliberation whatsoever. This manner of proceedings, he said, has cast an unwelcome doubt over the whole process.
SC takes up ECP’s plea against PHC decision on PTI’s electoral symbol today ISLAMABAD
STAFF REPORT
The Supreme Court of Pakistan will hear the appeal of Election Commission of Pakistan (ECP) on Friday (tomorrow) against the Peshwar High Court decision to restore ‘cricket bat’ as the election symbol of PTI. Chief Justice of Pakistan Qazi Faez Isa-led three-member bench, comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali will hear the case against the verdict of Peshawar High Court (PHC). The ECP, in its petition, stated that the decision of the high court was against the Constitution and law. The decision to challenge the PHC verdict was taken at an ECP meeting held here on Thursday under the chair of Chief Election Commissioner (CEC) Sikandar Sultan Raja. A PHC divisional bench on Wednesday restored “bat” as the election symbol of PTI. The PHC short order con-
sisted of three points, according to which the December 22 order of the Election Commission of Pakistan was declared as unconstitutional which revoked the PTI’s ‘bat’ electoral symbol and rejected its intra-party polls. The order further declared that the PTI is entitled to the election symbol strictly in terms of Sections 215 and 217 read with any other enabling provision of the Election Act, 2017 and Election Rules, 2017. The verdict was pronounced by a divisional bench of the Peshawar High Court which comprised Justice Ejaz Anwar and Justice Syed Arshad Ali. The decision came shortly after the party withdrew from the Supreme Court its appeal seeking the restoration of its electoral symbol. A two-judge bench of the PHC comprising Justice Ejaz Anwar and Justice Syed Arshad Ali heard a petition of the PTI against the ECP order cancelling the party’s ‘bat’ symbol and declaring its intra-party
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polls unconstitutional. PTI POLL SYMBOL STRUGGLE On Dec 22, the ECP declared the intra-party polls of the PTI unconstitutional and revoked ‘bat’ as its poll symbol. The PTI moved to the PHC on Dec 26 and challenged the ECP decision. A single bench of the PHC restored the electoral symbol of the party till January 9 and directed that the case be fixed before a divisional bench. The ECP, on Dec 30, filed a review plea in the PHC, and the divisional bench of the same court withdrew its stay on the ECP order, thus depriving the PTI of its symbol again. The PTI again moved to the Supreme Court and the PHC and challenged the decision of the ECP. However, the PTI withdrew its plea from the SC earlier on Wednesday pleading that the matter was already being heard by the PHC bench which later in the evening announced the verdict in favour of the PTI.
Cypher Case: IHC nullifies in-camera proceedings after Dec 14 ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Thursday revoked the stay order in the cypher case trial, declaring all proceedings after December 14 null and void. Justice Miangul Hassan Aurangzeb heard the appeal against the in-camera trial of PTI founder and former prime minister Imran Khan in the cypher case. Earlier, the IHC had stopped the trial of the case till January 11. During hearing, Attorney General of Pakistan (AGP) Mansoor Usman Awan and Imran’s lawyer Salman Akram Raja appeared in court. The development comes after the counsel for the PTI founder, during proceedings, argued that the proceedings after the December 14 order should be declared null and void as the order was incorrect. Justice Aurangzeb then told the AGP that if he wanted the proceedings to start again, then he should do it from the date the order was passed. A relevant order will also be issued in this regard. AGP Awan assured to start the proceedings again, adding that 13 witnesses were ready to have their statements recorded again. Later, the court annulled all proceedings of the cypher case trial after December 14 and cancelled the stay order. In the previous hearing, the court noted that the incamera statements of the remaining nine witnesses were not in accordance with law and must be examined. According to the AGP, the statements of 12 witnesses were recorded in an open trial after December 21. The order read that an open trial could not be conducted incamera on the mere request of the prosecution. The order stated that the re-recording of the testimonies of the nine witnesses in the in-camera trial would be considered in the final judgment. The IHC noted that in the cypher trial, the special court released the certified copies of witnesses’ statements. It added that the IHC would examine from the certified copies whether any damage could be caused to the state or not. Earlier during the hearing, Justice Aurangzeb remarked that the SC had declared the material insufficient in its judgment in this case. He added that before the court was a case of first impression and the safety of the state should not be compromised.
‘May 9 riots’: Court approves Imran’s 14-day judicial remand in 12 cases RAWALPINDI
STAFF REPORT
The Anti-Terrorism Court Rawalpindi on Thursday approved i4-day judicial remand of PTI founder Imran Khan in 12 cases linked to May 9 riots. ATC Judge Malik Ijaz Asif, however, rejected the request for a 30-day physical remand by the police and instead approved judicial remand during the hearing held at Adiala jail. The former premier is incarcerated at Adiala jail and all his cases, including Toshakhana and cypher, are being heard inside the prison premises. The hearing was attended by counsels representing Imran – Malik Faisal and Sardar Shahbaz Khosa. IMRAN’S ARREST AND PREVIOUS HEARINGS: On January 9, Imran was arrested in the GHQ attack case soon after his release warrant was issued in the cypher case. The hearing had commenced at the Adiala jail through a video link and was attended by multiple station house officers (SHO). Rawalpindi’s anti-terrorism special court presided over by Judge Ijaz, had granted a two-day physical remand for Imran Khan in connection to 12 cases related to the May 9 riots following the conclusion of legal arguments. Following the court’s decision, investigation teams from all police stations were authorised to conduct inquiries into Imran’s involvement within the confines of Adiala jail. The court had explicitly directed that the PTI chief could not be removed from the jail premises. In July last year, a high-level joint investigation team (JIT) probing incidents related to the May 9 violence had decided to nominate the former premier in two terrorism cases including an attack on the GHQ. The May 9 riots pertain to the attacks on state installations last year, following the arrest of the then Pakistan Tehreek-e-Insaf (PTI) chairman in a corruption case. The installations, which were attacked, included the army’s General Headquarters in Rawalpindi and the corps commander’s house in Lahore.
IMF approves second tranche for Pakistan following successful economic reform review
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$700 MILLION TO BE DISBURSED TO PAKISTAN UNDER STANDBY ARRANGEMENT PROFIT REPORT NEWS DESK
The Executive Board of the International Monetary Fund (IMF) has concluded the first review of Pakistan’s economic reform program, a significant milestone in the country’s journey toward financial stability. The Board’s approval paves the way for an immediate disbursement of SDR 528 million (approximately US$ 700 million), marking the second tranche under the IMF’s Stand By Arrangement (SBA). With this latest approval, the total disbursements extended to Pakistan under the SBA now reach a substantial US$ 1.9 bil-
lion. The IMF’s ongoing support underscores confidence in Pakistan’s commitment to implementing crucial economic reforms, aligning with the objectives set forth in the reform program. This injection of funds is anticipated to provide a substantial boost to Pakistan’s economic initiatives and aid in addressing various fiscal challenges. The disbursement reflects a collaborative effort between Pakistan and the IMF, working towards the common goal of fostering economic resilience and sustainability in the region. Pakistan faced significant fiscal challenges before the board review. However, by rationalizing the gas subsidies and in-
creasing the direct taxes on energy and fuel, Pakistan was able to pass the IMF review. Analysts suggest that the third and final tranche of the IMF SBA will be received by the next elected government as per the election schedule after a second review by the IMF board. Talking to Profit, CEO Topline Securities Muhammad Sohail said that, “IMF funding along with recent inflows from multilateral lenders will further help Pak Rupee that is fairly stable since the last few months.” He further added that “This new tranche will also help in getting rollovers from few friendly countries and will ease external debt repayment pressure.”