Epaper – March 22-2022 KHI

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Tuesday, 22 March, 2022 I 18 Sha’ban, 1443 I Rs 15.00 I Vol XII No 263 I 12 Pages I Karachi Edition

No-coNfideNce motioN: iNdividual vote of aN mP has No status: sc g

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ISLAMABAD

a

Staff RepoRt

fter associating with a party, the vote of an Mp during a noconfidence trial was a “collective right” of that legislator and their party, and that an individual vote, violating the party’s position on the matter, enjoyed no “status” under article 95-ii of the constitution, the supreme court said on Monday. the supreme court formed on Monday a five-member larger bench on a presidential reference seeking its opinion on article 63-a of the constitution, which deals with the disqualification of parliamentarians over defection. names of the judges who will constitute the bench are yet to be finalised. the reference was submitted by attorney general of pakistan (agp) khalid Jawed khan earlier today. separately, chief Justice of pakistan Umar ata Bandial observed that there should not be any interference to halt the process of article 95 of the constitution which permits a no-confidence motion against the incumbent prime minister. the two-member bench that also includes Justice Munib akhtar

made these remarks while hearing a petition of the supreme court Bar association (scBa) that sought the intervention of the apex court to prevent “anarchy” on the day of the no-trust vote. scBa president Muhammad ahsan Bhoon had asked the court to restrain “political parties from holding public meetings in islamabad before voting on the no-confidence motion”. the petition had also prayed the court to stop government agencies from arresting or detaining Mnas and to stop public gatherings in the federal capital which prevented the assembly members from reaching parliament. “the purpose of supreme court proceedings is that the right of lawmakers [to cast vote] must not be defeated,” cJp Bandial said. the bench also refused to intervene in the matter concerning the delay of the national assembly session by the speaker. it advised the counsels representing the opposition leaders to raise this matter in parliament. in a reference to the attack on the sindh house by pti workers, the court said it expected that the sindh government’s version will also be included in fir. the court also issued notices to all major parties on the presidential refer-

coRoNaviRus iN

PakistaN

CONFIRMED CASES:

1,522,191

LAST UPDATED AT 7:15 AM ON MARCH 21, 2022

DAY'S DEATH TOLL:

NEW CASES:

2

303

RECOVERED:

DEATHS:

1,476,120 30,331 SINDH:

PUNJAB:

573,753

504,442

KPK:

BALOCHISTAN:

218,689

35,458

AJK/GB:

ISLAMABAD:

43,220/11,666

134,963

nO interference tO halt the prOcess Of article 95 OppOsitiOn flays speaker Qaiser fOr ‘delaying’ na sessiOn

ence as a larger bench would be expected to hear the presidential reference on March 24. during the hearing, attorney general for pakistan khalid Javed khan gave an undertaking that all state functionaries would act strictly in accordance with the constitution and the law a two-judge bench, comprising chief Justice of pakistan Umar ata Bandial and Justice Munib akhtar, took up the reference along with a plea filed by the supreme court Bar association (scBa) seeking the top court’s intervention to prevent “anarchy” ahead of the no-trust vote. addressing a petition filed by the supreme court Bar association (scBa) against public meetings by the government and the opposition parties ahead of the no-trust vote against imran khan, Justice Munib akhtar said the court had made similar observations in cases involving former prime ministers Benazir Bhutto and nawaz sharif. never ignore remarks of Justice Munib: haris khwaja advocate commenting over the sc proceeding, haris khan advocate told pakistan today that he had also failed to understand the remarks of Justice Munib akhtar as reported in the media. “But remember, you can’t ignore remarks or observation of Justice Munib akhtar. Justice Munib akhtar delves very deep into an issue and one cannot just ignore his remark. hence it is very important to consider his remark. prima facie, Justice Munib says that all the Mps of a party cannot vote in violation of the decision of the party head decision. But article 63-a and 95 provide that if anyone casts his vote against party line would be disqualified,” he added.

“according to the constitution, the vote has to be cast by Member of the parliament which is an individual act. the constitution says that majority vote would vote decide per the party leader. however, if anyone votes in violation of party policy, he/she may be disqualified. But the disqualification comes later and it doesn’t bar any Mp to cast his vote. the constitution says that if defection is accepted he will cease to be a member. those pti Mps who rebelled knew that they could be disqualified if voted against the party decision but each vote would be counted. there is no law not to bar anyone to cast vote. When asked should we read the 18th amendment and 14th amendment regarding the powers of the party head, khwaja haris said both amendments don’t affect article 63-a as this proviso exclusively deals with the defection for voting for pM and finance bill. hamid khan advocate downplays remarks hamid khan advocate, however, downplayed the observation and said that it is just an observation. “this is mere a remark and not a judgment. the final judgment would be made by a bench. discussion over an observation tantamount to preempting a judgment and it may affect a subjudice court proceeding,” he asserted. lifetime disqualification for defecting Mps? the remarks of Justice Munib akhtar evoke the possibility of lifetime disqualification for the Mps who vote against party head’s direction. legal experts say that the remarks of Justice Munib akhtar reflect the possibility of lifetime disqualification for defecting Mps.

CONTINUED ON PAGE 05

Foreign Ministers of Egypt, Uzbekistan meet COAS Gen Bajwa, discuss bilateral cooperation RAWALPINDI Staff RepoRt

foreign Ministers of egypt and Uzbekistan separately called on called on general Qamar Javed Bajwa, chief of army staff (cOas) here at ghQ, discussed regional and global situations and expressed desire to expand bilateral cooperation. during the meeting with Mr sameh hassan shoukry, foreign Minister of egypt, the matters of mutual interest, regional security and cooperation in all fields of defence & security were discussed. the cOas said that pakistan and egypt enjoy truly brotherly relations and emphasized the need for enhancing bilateral cooperation in all spheres. referring to Oic’s 48th council of foreign Ministers session, cOas termed it a historic development for addressing the dire humanitarian situation in afghanistan and bringing international community to a shared vision and joint strategy to find solution to emerging challenges in the region vital for peace and stability.

Response sought from govt on plea against journalist protection law ISLAMABAD Staff RepoRt

the islamabad high court (ihc) on Monday directed the Ministr y of human rights to submit its response on a petition moved against the protection of Journalists and Media professionals act, 2021. a single bench comprising ihc chief Justice athar Minallah heard the petition. the ministr y didn’t file its response despite having been given a month’s time. the court directed the ministr y to submit its comments at the next hearing and adjourned the case until april 12. the petition has challenged the definition of journalist as well as section 6 of the protection of Journalists and Media professionals act, 2021. in november last, the national assembly passed seven bills, including the protection of journalists and media professionals bill. the lower house also witnessed the presentation of two ordinances as well. Minister for law and Justice farogh naseem presented the bill.

MORE INSIDE

Barrick will restart Reko Diq project in deal ending decade-old dispute STORY ON PAGE 02

reference seeking interpretation of floor-crossing law lands in top court egyptian foreign Minister acknowledged pakistan’s contributions towards regional peace and pledged to play his part for further improvement in diplomatic cooperation with pakistan at all levels. he specially appreciated pakistan’s efforts for hosting the Oic’s 48th council of foreign Ministers. later in the day, Mr furqat sidikov, deputy foreign Minister of Uzbekistan called on general Qamar Javed Baja. during the meeting, matters of mutual interest, regional security situation and bilateral cooperation in various fields were discussed. the cOas said that pakistan

values its relations with Uzbekistan, rooted in religious affinity, common values, geo-strategic significance, potential for mutually beneficial and enhanced economic and defence cooperation. Both reiterated the desire to further enhance bilateral relations including efforts for peace and security in the region. the visiting dignitary appreciated pakistan’s role in regional stability and pledged to play his role for further improvements in diplomatic cooperation with pakistan at all levels. he specially appreciated pakistan’s efforts for hosting the Oic’s 48th council of foreign Ministers.

STORY ON PAGE 02

Govt does not want conflict, will fight no-trust vote constitutionally: Qureshi STORY ON PAGE 03

no one will come to rescue imran, declares Maryam STORY ON BACK PAGE


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