In partnership with
Profit
Sunday, 14 January, 2024 I 2 Rajab, 1445
Rs 15.00 | Vol XIV No 196 I 8 Pages I Islamabad Edition
PTI LOSES ‘BAT’ AS SUPREME COURT SETS ASIDE PHC DECISION ‘BATTLE FOR ELECTORAL SYMBOL ENDS’
g
FIVE-PAGE UNANIMOUS VERDICT SAYS ‘IT CANNOT BE STATED THAT ECP WAS VICTIMIZING PTI’
g
IT STATES PTI’S PETITION FILED IN PHC WAS ‘NOT MAINTAINABLE’
‘We are strong party’: PTI to contest elections independently: Gohar
P
ISLAMABAD STAFF REPORT
AKISTAN Tehreek-e-Insaf (PTI) suffered yet another blow, as the Supreme Court on Saturday declared the Peshawar High Court’s (PHC) January 10 order ‘null and void’, depriving the embattled party of electoral symbol ‘bat.’ The decision comes moments before the expiry of the deadline for allotment of electoral symbol, which was extended till midnight by the ECP earlier in the day. In the unanimous verdict, the threemember bench, comprising Chief Justice of Pakistan Qazi Faiz Isa, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, declared that the PTI’s intra-party elections were unconstitutional. The court reserved the verdict after marathon hearing for two day, which was broadcast live on the apex court’s website. CJP Faez Isa stated that the plea in Peshawar High Court was inadmissible as a single case cannot proceed in two High Courts at the same time. The verdict said Pakistan Tehreek-e-
Insaf (PTI) failed to present evidence of holding transparent intra-party elections as all political parties are bound to hold free and fair intra-party elections. The apex court’s unanimous verdict came after hours of wait as Chief Justice of Pakistan (CJP) Qazi Faez Isa-led three-member bench decided to uphold the Election Commission of Pakistan’s (ECP) plea. The top court allowed ECP’s petition by setting aside the high court’s ruling, and upheld the December 22 decision of the electoral body. The five-page verdict stated that the apex court judges “do not agree with the learned judges [of the PHC] that the ECP did not have ‘any jurisdiction to question or adjudicate the intra-party elections of a political party.'” It stated that accepting any such interpretation would render all provisions in the Election Act, 2017, that require the holding of intra party elections “illusory and of no consequence and be redundant”. The verdict stated that since the ECP had been calling upon PTI to hold its intra-party elections since 24 May 2021, the time when the party was in power, “it cannot be stated that ECP was vic-
ISLAMABAD: The Pakistan Tehreeke-Insaf (PTI) Saturday night announced its candidates would contest the scheduled Feb 8, elections independently after the apex court decision, depriving the party of its electoral symbol. “All PTI candidates will contest independently. We will issue a list of all our candidates with their election symbols,” PTI’s now-former chairman Barrister Gohar Ali Khan told journalists at the Supreme Court in Islamabad. The electoral symbol is crucial to any political party as voters are aware of which candidate to vote for on polling day; however, since the PTI does not have a unified symbol now, it might lose votes due to confusion among the people. Barrister Gohar noted that the Supreme court’s order was ‘controversial’ and it had ‘deeply disappointed’ him, announcing that his party would
timising PTI”. In its reasoning for today’s verdict, the top court stated that the PTI’s petition filed in the PHC was “not maintainable” as it failed to disclose that another similar petition was pending before the five-member bench of the Lahore High Court (LHC). The apex court underscored that although a petitioner “may elect to avail of his remedy before either court, but having chosen a particular court the same dispute cannot then be taken to the other court”. It further stated that 14 PTI members, with stated credentials, had complained to ECP that the party’s internal elections
challenge the Supreme Court’s verdict. “Whether we have the bat or not, the people are still us,” the PTI chief said, noting that it was the court’s duty to ensure that every person’s basic rights are guaranteed. He pointed out that the technical grounds, on which the judgment was given, was misread, claiming that contesting elections independently would open new doors of corruption. Taking over the presser, PTI leader Barrister Ali Zafar said the party was anticipating the decision, therefore, their preparations were complete. “We will compete the February 8 with allout force,” he added. “PTI candidates cannot be barred from contesting elections as independents”, Ali Zafar said, regretting that ‘soft questions’ were asked from the people who appeared before the apex court. STAFF REPORT
had not been held, but PTI brushed aside these claims, saying that the complainants were not the party members. “[…] this bare denial was insufficient, particularly when they [complainants] had credibly established their long association with PTI,” the verdict read. “Democracy founded Pakistan, a fundamental aspect of which is the ability to put oneself forward as a candidate and to be able to vote, both within a political party and in general elections. Anything less would give rise to authoritarianism which may lead to dictatorship.”
Chinese banks throw curveball in $600m loan talks with Pakistan. Are we surprised? g
CONTINUED ON PAGE 03
NEW CONDITIONS SET FORTH INDICATE THAT CHINESE MIGHT NOT ALWAYS BAIL PAKISTAN OUT PROFIT
MARIAM UMAR FAROOQ
A leading print media outlet recently reported that negotiations between Pakistan and Chinese banks – Industrial and Commercial Bank of China (ICBC) and Bank of China for a $600 million loan – faced a setback due to new conditions, linking the loan disbursements to the resolution of Pakistan’s debt to Chinese Independent Power Plants (IPP). As per the reports, these conditions were rejected by the government due to budget concerns and the risk of setting a precedent. However, Chinese officials asserted that the condition of the settlement of Chinese IPP debts is inaccurate and that they are actively collaborating with Pakistani counterparts to resolve the issue. While speaking to Profit, Dr Ammar A. Malik, senior research scientist at AidData, commented, “This is probably the first time in the history of CPEC that the Chinese are putting this sort of pressure on Pakistan. Of course, the Chinese have denied and said that they are trying to resolve the situation but it looks like the government’s ministry of finance has clearly said that they feel that the Chi-
nese are putting conditions.” While this situation is unprecedented, are we really surprised? IPP policy of Pakistan In the early 1990s, Pakistan faced severe electricity shortages due to administrative negligence towards power sector infrastructure. This imbalance between demand and supply resulted in unprecedented electricity outages, creating a crisis for domestic and industrial consumers. Consequently, Pakistan introduced a new power policy in 1994 to address the situation. These policies attracted foreign investment, in other words, independent power producers (IPPs). To incentivise IPPs, a capacity charge was introduced, which covered debt servicing, operation costs, insurance expenses, and the return on equity. Energy price was added on top of it based on energy sold. The government bought electricity from IPPs by paying a power purchase price. The capacity charge, high tariff offered to IPPs, no incentive for cost reduction and inefficiencies added to the circular debt predicament. Circular debt is the payment withheld by the Central Power Purchasing Agency (CPPA) due to cash flow deficit
leading to cash flow problems for other players in the supply chain. The main causes of circular debt according to the Arif Habib Pakistan Strategy 2024 report are: “Inadequate sector governance, Delays in tariff determination and notification, Lag in fuel price adjustments, Insufficient revenue recovery from both government and private consumers, High Transmission and Distribution (T&D) losses.” Poor collections revenue collection of power distribution companies (DISCOs) from private and government customers along with delayed and incomplete tariff differential subsidies (TDS) payment by the government to DISCOs and K-Electric adds to the shortfall in inflows. This sets in motion a series of outstanding receivables in the books of multiple companies in the supply chain including fuel suppliers, generation companies and transmission companies. Chinese investment in Pakistan As per data released by AidData, China’s development finance committed to Pakistan between 2000 and 2021 valued at $70.3 billion, out of which 98% was in the form of loans while grants made up for remaining 2%. Of
this financing, 8% was official development assistance (grants and highly concessional loans) and 89% was other official sector loans. The average interest rate on loans is 3.72% with 9.84 years maturity and 3.74 years grace period which means a portion of these loans has entered the repayment phase. In terms of sectoral distribution, the energy sector saw a lion’s share at 40%, amounting to $28.4 billion. A large chunk of it came under the CPEC initiative post 2014. “Currently 14 power projects are operational under CPEC while there also exists a pipeline of upcoming projects,” remarked Basit Ghauri, an energy markets professional at a think tank in Islamabad. These investments have also elevated China’s position on Pakistan’s debt table, as the country holds around 30% of Pakistan’s external public debt. China’s shifting its strategy Beijing is currently grappling with a domestic banking crisis of its own. As AidData’s recent findings, China is faced with the challenge of navigating an unfamiliar and uncomfortable role as the world’s largest official debt collector.
IHC extends till Feb 13 deadline for missing Baloch students’ recovery ISLAMABAD
STAFF REPORT
The Islamabad High Court (IHC) on Saturday gave time till February 13, to the federal government for recovery of all missing Baloch students. Justice Mohsin Akhtar Kyani issued the written order while hearing Baloch missing students’ case. The court also sought the final report from federation on all Baloch missing persons returning to their homes. According to the IHC written order, the court extended the deadline for the recovery of Baloch missing students until Feb 13. “The court is not demanding statements on oath from the Prime Minister, Interior and Defence Secretaries and security institution for now. If the missing persons not recovered, statements on oath will be demanded and legal proceeding will be initiated,” the court order read. The Attorney General submitted a list of the Baloch students missing in enforced disappearances and the court was informed that 12 Baloch missing students’ cases have been unresolved. The federal government assured the court that no person will be kidnapped or made forcefully disappeared in future. The AG also assured that all missing persons will be recovered at any cost, adding that the people involved in illegal activities will be brought to the court of law, the order read. “These statements and actions are positive signals for the better future of Pakistan, which will provide justice to Balch families waiting for their missing dear ones for several years,” the court observed. The court also referred the matter of the missing father of Sammi Deen Baloch, which has been missing for over a decade, as a test case to attorney general to get information from the state institutions with regard to his whereabouts, according to the court order.
Masked men raid Gohar Khan’s house; rough up family members ISLAMABAD
STAFF REPORT
PTI Chairman Gohar Ali Khan on Saturday said that masked men, came in four vehicles, broke into his house, beaten his son and nephew and ‘misbehaved with women’, while he was attending the Supreme Court hearing regarding his party’s electoral symbol of “bat”. During the hearing, the PTI chief told Chief Justice Qazi Faez Isa that four pickup trucks were at his residence where they roughed up his family and also confiscated a computer and documents. He asked the court to excuse him from the hearing and left. During his absence, the chief justice called Additional Attorney General Chaudhry Amir Rehman to the rostrum and said: “Nothing like this should happen, if it is happening.” At this, the additional attorney general also left the court to take stock of the situation. Following a brief absence, Gohar returned to the court, to which the chief justice asked if all was right. The PTI chairman described the situation as “very serious” and wanted to tell more but was not given the permission by the chief justice, who again instructed the additional attorney general to get the situation “fixed”. The PTI chairman was informed about the raid while he was attending the Supreme Court hearing regarding his party’s electoral symbol of “bat”. During the hearing, Barrister Gohar informed Chief Justice of Pakistan (CJP) Qazi Faez Isa about the incident and claimed his son and nephew were “tortured”. He added that the police also confiscated a computer and documents.
ECP foils PTI’s bid for contesting polls on ‘batsman’ symbol ISLAMABAD
STAFF REPORT
The Election Commission of Pakistan (ECP) sprung into action to counter PTI’s move to strike a deal with PTI Nazriati group and get elected on PTI Nazriati group with its election symbol, Batsman, in place of Bat symbol. Meanwhile, the deadline for the allotment of electoral symbols was extended to 11pm by the polling authority. An order issued by the election commission read that some candidates were trying to deceive it via their applications seeking the electoral symbol of another political party. The top electoral body directed the returning officers (ROs) to refrain from allotting the electoral symbol of a party other than which the candidate belongs. It detailed that every candidate was bound to submit a party association certificate under the Election Act, 2017. Additionally, a candidate could not keep membership in more than one political party at a time, it concluded. It is pertinent to know that candidates are
required to submit an affidavit to the ROs wherein they declare their party affiliation. The development came after the Pakistan Tehreek-e-Insaf (PTI) implemented ‘Plan B’ and issued fresh tickets to the candidates under the name of another party — “Pakistan Tehreek-e-Insaf Nazriati (PTI-N)” amid confusion over its iconic “bat” symbol. In a statement, the party said that it has issued fresh tickets to the national and provincial assembly candidates and directed them to submit the declarations to the returning officer. In conversation with reporters in Islamabad, PTI spokesperson Shoaib Shaheen said party candidates can submit their nomination papers under PTI-N’s name. “In line with the law, the ECP can allot tickets to any party. The returning officers are bound [by the law] to issue tickets for whichever party the candidates ask them to,” the PTI leader said. He lamented that, at times, the authorities “steal” the bat electoral symbol from the party, and at times, they do the same with
their batsman symbol. Later in the day, the party also complained that ROs were not accepting its candidates’ nomination papers, with Shaheen also filing a petition in the election commission. Reacting to the development, PTI-N Chairman Akhtar Iqbal Dar categorically turned down the possibility of any alliance with the PTI due to its “corrupt” incumbent members. “Everyone in the PTI’s team is corrupt, I can’t talk to them,” Dar said while speaking to Geo News. Responding to a question whether his party would issue tickets to PTI candidates, Dar said: “[I] don’t want to comment on PTI’s founder […] all of them are corrupt.” “There can be no talks with them [the PTI]. Barrister Gohar and other shady individuals have hijacked the party,” he added. The fresh move was seen as the former ruling party’s participation in the upcoming general elections — which are less than a month away — remains uncertain due to the ongoing saga surrounding its electoral “bat” symbol.
CONTINUED ON PAGE 03
CONTINUED ON PAGE 03
PTI’s ‘Plan-B’ firebacks as Nazriati group denies awarding tickets
ISLAMABAD: The Pakistan Tehreek-eInsaf (PTI) on Saturday claimed that its splinter group — Tehreek-i-Insaf Nazriati — reneged on an agreement permitting PTI leaders to participate in elections using the latter’s electoral symbol. The disclosure was made by PTI spokesperson Raoof Hassan while speaking during a TV talk show Naya Pakistan. Earlier in a post on X, PTI’s official account said: “Whoever has PTI-Nazriati tickets should immediately submit them and take any kind of hindrance to the Election Commission of Pakistan (ECP) and high courts.” The party issued the directives while the Supreme Court heard ECP’s petition challenging the Peshawar High Court’s
(PHC) decision to restore the PTI’s electoral symbol, the “bat”. However, at a press conference later in the day, PTI-N chief Akhtar Iqbal Dar objected to PTI candidates going to returning officers with PTI Nazriati tickets. “I was surprised by the move. Where did they take the tickets from? PTI Nazriati tickets were issued by myself. I have pictures with all the candidates,” Dar claimed who arrived to address a presser limping. “I can’t understand how the tickets were drafted and why. You should ask them. My tickets bear the symbol of a batsman. I even told the ROs about this,” he added. He said the PTI Nazriati group would also issue a list of their candidates.
CONTINUED ON PAGE 03