Tuesday, 2 March, 2021 I 17 Rajab, 1442 I Rs 15.00 I Vol XI No 243 I 12 Pages I Islamabad Edition
SC upholdS SeCret ballot for Senate eleCtionS g
4-1 majority judgement observes Senate polls held in accordance with law and Constitution
ISLAMABAD Staff RepoRt
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nnounCing its verdict on a presidential reference seeking legal opinion on the holding of Senate election through an open vote, the Supreme Court (SC) on Monday said polls for the upper house will be held through a secret ballot. The 4-1 majority opinion was announced by a five-judge larger bench, headed by Chief Justice of Pakistan (CJP) gulzar Ahmed and comprising Justice Mushir Alam, Justice umar Ata Bandial, Justice ijazul Ahsan, and Justice Yahya Afridi. The dissenting note was written by Justice Afridi who observed that “the opinion sought [by the president] is not a question of law within the contemplation of Article 186 of the Constitution of the islamic Republic of Pakistan, 1973”. He, therefore, abstained from giving his opinion on the case. The reference was forwarded to the top court in December under Article 186 of the Constitution, which relates to the ad-
visory jurisdiction of the forum, after Prime Minister imran Khan expressed his desire to curtail the practice of horsetrading in Senate elections by introducing an open-ballot system. Following two months of proceedings, the court had on Thursday reserved its verdict, later announcing to issue it on Monday. in the eight-page verdict, the apex court observed elections to the House are held in accordance with the law and the Constitution, saying it “is the responsibility of the Election Commission of Pakistan (ECP) to ensure that the election is conducted honestly, justly, fairly, and in accordance with [the] law and that corrupt practices are guarded against.” it also said that the commission could “use the latest technology to ensure the holding of transparent elections” by exercising powers granted to it under Article 218. However, the verdict admitted that the secrecy of the ballot papers was “not final”, quoting a decision by the top court on the same in 1967 (niaz Ahmed versus Azizuddin case). While the order cited Arti-
CoronaviruS in
pakiStan
CONFIRMED CASES:
581,365
cle 226 of the Constitution to support its argument, the judges said the Parliament can decide if it feels the need to end the secrecy of the voting process. Commenting on the verdict, Attorney general of Pakistan (AgP) Khalid Jawed Khan said it was now up to the ECP to select what method to use in the March 3 elections to check corruption. “The ECP is bound to investigate and trace the ballot to see whether any corrupt practice occurred,” he said in a statement. The commission, he said, was “constitutionally bound” to follow the opinion of the apex court and implement it without any amendments to existing rules or legislation. ‘HISTORIC DECISION’: Addressing a press conference soon after the verdict was issued, Pakistan Tehreek-e-insaf (PTi) Senator Faisal Javed Khan while terming the ruling a “splendid decision” said it was a “victory for Pakistan”. He said he was grateful that the court listened to all the stakeholders. “The attorney general’s team worked hard and great arguments were done. Such a detailed discussion on the Senate has not happened before,” Khan said. “The honourable court said secrecy (of the election process) is not absolute,” he observed and said the verdict implies “it cannot stay (the same way) till the Day of Judgement.” Prime Minister imran, he said, had made efforts to end “bribery, thievery and buying and selling” in the Senate polls. “When elections are held through identifiable ballots, no one would dare to sell their vote,” he said, adding: “This is a splendid opinion for transparency.” The senator said after the verdict, the election commission would have to ensure three things: identifiable ballots, proportional representation and ensuring free and transparent elections.
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NEW CASES:
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1,392
RECOVERED:
DEATHS:
546,371 12,896 SINDH:
PUNJAB:
258,266 172,054 KP:
BALOCHISTAN:
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ISLAMABAD:
72,424
19,049
10,243/4,956
44,373
PM listens to grievances of ruling coalition ISLAMABAD Mian abRaR
Prime Minister imran Khan on Monday met with members of the national Assembly (MnAs) and discussed matters related to their constituencies ahead of the upcoming Senate elections. The prime minister is meeting the lawmakers from the ruling coalition to listen to their grievances and address their reservations. The MnAs, who called on the prime minister here at the Parliament House, included gul Dad Khan, gul Zafar Khan, Jawad Hussain, Muhammad iqbal Afridi, Sajid Khan, Dr Haider Ali, noor Alam Khan, Muhammad Aslam Bhootani, uzma Riaz, Zille-eHuma, nafeesa Khattak and Shandana gulzar. Defence Minister Pervaiz Khattak, Minister for Religious Affairs Pir noor-ul-Haq Qadi and Special Assistant Malik Muhammad Amir Dogar were also present during the meeting. After the meeting, the MnAs have claimed that Prime Minister
Judge says he seeks an early verdict on the set of review requests, seeking larger-bench hearings, as one justice is due to retire in April ISLAMABAD
DAY'S DEATH TOLL:
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Justice Isa seeks speedy trial as SC takes up review petitions
Staff RepoRt
LAST UPDATED AT 7:20 AM ON MARCH 1, 2021
PM meets MNAs, discusses their constituencies’ matters
Justice Qazi Faez isa sought an early decision on his appeal in the majority judgement that quashed the presidential reference against him as the Supreme Court (SC) took up his petition in the case on Monday. Justice isa, who called on a 10-judge bench of the top court, said he seeks an early verdict on the set of review requests, seeking larger-bench hearings, as one judge, Justice Manzoor Ahmad Malik, is due to retire in April. “This case is important because it relates to the accountability of the judiciary and transparency of their conduct,” he said. Subsequently, the court served a notice on Attorney general of Pakistan (AgP) Khalid Jawed Khan and adjourned the hearing until Tuesday. in June, the apex court had dismissed the presidential reference which sought action
against Justice isa for non-disclosure of family members’ properties in his wealth statement. The reference filed in May 2019 alleged that he acquired three properties in London on lease in the name of his wife and children between 2011 and 2015, but did not disclose them in his wealth returns. Justice isa contested the allegation, saying he is not a beneficial owner of the flats — neither directly nor indirectly. However, seven of the 10 judges on the bench hearing
the case ordered the inland Revenue Department (iRS) and the Federal Board of Revenue (FBR) to seek explanations from the judge’s wife and children on the nature and source of funding for three properties in their names in the united Kingdom and submit a report to the SC registrar. Justice isa then approached the apex court, seeking a review of the decision. Bar associations, including the Sindh High Court Bar Association (SHCBA), also filed similar petitions. The petitioners had contended that the three judges — Justice Maqbool Baqar, Justice Syed Mansoor Ali Shah and Justice Yahya Afridi — who wrote dissenting notes in the detailed reasons should not be excluded from the bench hearing the review petitions. in December, the apex court reserved its verdict, before releasing it on February 22 wherein it referred the matter to Chief Justice of Pakistan (CJP) gulzar Ahmed.
imran talked of increasing MnA funds from Rs150 million to Rs500 million. Talking on a television programme, PTi MnA Dr Seemi Bukhari claimed that Prime Minister imran, during the parliamentary meeting, said that MnAs’ funds should be increased from Rs150 million to Rs500 million. She said that everyone applauded and chanted slogans of ‘Well done prime minister’ upon this announcement. The MnAs were crying a lot that our work was not going well, she added. According to assembly member Rubina Jamil, Rs150 million have been released so far, while Rs500 million has been claimed for the future. no one, including Dr Hafeez Shaikh, objected to the PM’s announcement. He further said that they used to criticise the PML-n for misuse of funds but it will be audited. Parliamentary Secretary Rukhsana naveed stated that the premier had talked about increasing development funds.
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MORE INSIDE
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