GDA lawmaker refuses to donate salary to PM Fund

Grand Democratic Alliance’s (GDA) Member National Assembly (MNA) Saira Bano has expressed her reservations over the Prime Minister’s Flood Relief Fund and refused to voluntarily deposit her salary in it. Bano demanded that her salary be equally deposited in Al-Khidmat and JDC accounts to help the flood affectees. In a letter to the National Assembly speaker, the female MNA stated that her salary could not be deducted without her consent. She said the country faced severe crisis in the form of floods, adding that the victims needed relief goods and assistance on emergency basis. Expressing her reservations, she noted that several organisations had been collecting funds for the flood affectees but only time would tell how “transparently and equally” the money was distributed. In the letter, the MNA objected that their one month salary had been deducted without taking them into confidence. “The parliamentary parties were not consulted over the Fund which was established in haste. For this reason, its transparency and monitoring is being questioned.” Bano said it was the prerogative of every MNA to donate fund to the organisation of their choice. “My salary should be equally distributed among Al-Khidmat Foundation and JDC and a receipt of it should be given to me.”

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Punjab govt directed to hold LB polls at earliest

The Election Commission of Pakistan (ECP) has said that the Punjab Government should ensure the holding of local bodies’ elections at the earliest and sought details from the provincial administration for the purpose. Chief Election Commissioner (CEC) Sikandar Sultan Raja chaired a meeting of the electoral watchdog which was attended by Punjab chief secretary and other officials concerned on Thursday. The meeting was told that the Constitution and the orders of the Supreme Court were being violated by not holding the LB elections on time. It was said that the LB polls could not be held due to constant amendments in the LB law. The CEC noted that the provincial government was bound to hold LB elections following the Constitution and orders of the apex court. The ECP sought from the Punjab government rules pertaining to LB laws and maps of constituencies. Last month, it was reported that the local government elections in Punjab were likely to be delayed further as the PTI government was once again considering scrapping or amending the PML-N Punjab Local Government Act 2022. After coming to power in Punjab, PML-N Hamza Shehbaz’s government had scrapped the PTI’s local government act by introducing its own version of local government law in June. However, after the fall of the PML-N government, the PTI government had once again decided to bring its own version of local government system in the province. Punjab LG Minister Mian Mahmoodur Rasheed had indicated that the PTI government wanted to hold the LB polls at the earliest for which the new Punjab Local Government Act would be passed through the provincial assembly. The minister had directed the officials concerned to prepare a draft of amendments in the Local Government Act. Rasheed said the Local Government Act 2019, passed by PTI government, was closer to the aspirations of the people but the PML-N-led coalition government had changed it just for the “sake of its ego”.

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PTI chief not out of the woods yet

Despite the Islamabad High Court (IHC) giving PTI Chairman Imran Khan another chance to submit a “well-considered” response in the contempt case -- seen in the government camp as a kind of “favour” -- the former prime minister is not out of the woods, and may face difficulty in clearing his name. The contempt proceedings were initiated against the PTI chief for his controversial remarks about District and Sessions Judge Zeba Chaudhry, who had approved his chief of staff, Shahbaz Gill’s physical remand in a sedition case. "We are not inclined to discharge the said notice having found the reply to be unsatisfactory bearing in mind, inter-alia, the law laid in the cases reported as ‘Suo Motu Contempt Proceedings’ [PLD 2018 SC 773], ‘Suo Motu Contempt Proceedings’ [PLD 2018 SC 738] and ‘The State vs Dr Firdous Ashiq Awan’ [2020 PLD 109 Islamabad],” says the written order issued by a five-judge larger bench of the IHC. Read more: IHC dissatisfied with Imran’s reply The order was referring to the Supreme Court judgments wherein three PML-N leaders -- Nehal Hashmi, Talal Chaudhry and Daniyal Aziz -- were convicted of contempt during former chief justice Mian Saqib Nisar’s era. IHC Chief Justice Athar Minallah also told the counsel for the PTI chief that when his client issued the threatening statement against Judge Zeba Chaudhry, the matter [Shahbaz’s Gill case] was pending in the high court. Senior lawyers; however, believe that the sub-judice rule does not apply in the present time, as it is applied at the time when the jury was siting to decide cases. A lawyer says that in view of the IHC observation, Imran faces another charge: that he gave the statement to affect a sub judice matter. The order referred to the IHC’s own judgment in Firdous Ashiq Awan contempt case wherein the court held that Article 205(2)© has explicitly made any act liable to be punished for contempt if it tends to prejudice the determination of a matter which is pending before a court. "The Constitution, the highest law of the land, thus recognises the sub judice rule. This type of contempt essentially falls within the ambit of 'criminal contempt'. "Any incorrect reporting by a reporter which is published or aired could amount to a criminal contempt. Trial outside the court in any form which tends to influence the proceedings and determination in a pending matter would attract the offence of criminal contempt if the intent is to obstruct the administration of justice or divert the course of justice. “It would, therefore, depend on the facts and circumstances of each case as to whether the act had tended to or was intended to prejudice the determination of a matter pending before the Court. Pre-trial or during trial publicity or acts relating to pre-judging the outcome of pending proceedings also prejudices the determination of pending matters before the Court. “The offence of criminal contempt will be attracted if the likely prejudice is substantial. It is not a condition precedent for the commission of criminal contempt that the alleged act had actually prejudiced determination but it would be sufficient if the act tended to interfere with the administration of justice. There must be some degree of intent to prejudice or obstruct the administration of justice. "Each case has to be decided on its own merits. The acts committed during the pendency of a matter are the most serious form of contempt because it has a likely effect on one of the most important rights, i.e., the right to a fair trial. “The power relating to the law of contempt is applied with great reluctance but the only category of contempt which cannot be ignored is when the act tends to prejudice the determination of a pending matter because it has the effect of infringing the constitutionally guaranteed right of due process. Likewise, acts which amount to prejudicing public confidence in the administration of justice in a pending case would fall within the ambit of commission of a criminal contempt. “Any publicity during pending proceedings or attempts to influence the public by creating a perception that extraordinary favours are or have been extended to a litigant – otherwise than in accordance with the law -- would definitely be an act done with the intent to divert the course of justice or impede and obstruct the administration of justice," says the judgment authored by IHC Chief Justice Athar Minallah. Another challenge for Imran’s legal team is to differentiate his case from the three PML-N leaders’ contempt matters. A member of the team says that they will explain as to how Imran’s case is different from three other contempt cases. “Despite tendering an unconditional apology, Nehal Hashmi was sent behind the bars for one month.” The IHC chief justice has already made it clear that the judgements in the contempt cases were binding on the high court. However, it is a fact that the legal fraternity never appreciated the Supreme Court judgments wherein the three PML-N lawmakers were disqualified in contempt matters. The PTI chairman has another advantage: he may approach the apex court in case of any adverse order against him. Moreover, the IHC had appointed senior lawyers -- Muneer A Malik and Makhdoom Ali Khan -- as amicus curiae in this matter. It is learnt that both the senior lawyers generally are not in favour of using contempt power by the superior judiciary against political leaders. This is another advantage that may go in Imran’s favour. In 2014, when the apex court initiated contempt proceedings against Imran Khan, Muneer A Malik was the attorney general for Pakistan and appeared in the proceedings on a court’s notice. Malik, in his submission, had made distinction in the contempt proceedings initiated by the apex court for disobedience of its order and contempt arising out of scandalous remarks made by an individual. He contended that in the latter case this court had been showing its magnanimity and restraint in taking any stern action against the alleged contemnor (Imran Khan). He further contended that the present day judiciary at the level of Apex Court, is the most independent judiciary in the history of our Country, and it has reached a point where whosoever makes allegation against the judiciary, people will never believe it and the judiciary will remain untainted. With these submissions, he suggested for a lenient view in the matter by discharging the show cause notice for initiating contempt proceedings against Imran Khan. One interesting thing is that Imran’s counsel, Hamid Khan, amicus curie Muneer A Malik and the IHC chief justice were active members of the lawyers’ movement. Campaign against IHC CJ In the meanwhile, PML-N supporters and anti-Imran media persons have initiated a campaign against the IHC chief justice for allowing Imran to submit the supplementary reply. A senior official told The Express Tribune that he urged them instead of criticising the IHC, they should remain silent as it is a matter which is being taken up by the high court itself. He said the PML-N should avail the opportunity by requesting the IHC to decide appeals filed by Maryam Nawaz against her conviction in the Avenfield case. Interestingly, the IHC chief justice had given big relief to the PML-N in past. Even Nawaz Sharif and Maryam Nawaz’s bail was granted by the IHC chief justice during former chief justice Mian Saqib Nisar. The IHC chief justice also gave relief to several media persons and social activists during the PTI regime. Several PML-N and PPP leaders were granted bail by the IHC. It is also a fact that since the Panamagate, the PML-N had faced difficulties criticising the judiciary. It is learnt that the PML-N supporters might have got upset by the IHC chief justice observation wherein he asked Attorney General for Pakistan Ashtar Ausaf Ali to review the policy regarding registration of sedition and terrorism cases. This has prompted them to initiate a campaign the IHC chief justice to pressure him not to pass a judicial order against the cases registered under the Anti-Terrorism Act,

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FM Bilawal receives call from Iranian counterpart amid floods fury

Foreign Minister Bilawal Bhutto-Zardari on Thursday received a telephone call from Foreign Minister of Iran Dr Hossein Amir Abdollahian, a statement from the Foreign Office (FO) said. During the call, the foreign minister shared that Pakistan had been battling one of the most severe cycles of torrential monsoon weather, which had resulted in the loss of lives, livelihood and extensive damage to infrastructure. As a result, the delivery of assistance and relocation of affectees was severely limited, he added. Highlighting the government’s efforts, FM Bilawal informed that in addition to financial support, food packs, shelter items including tents, and Water, Sanitation and Hygiene (WASH) supplies were also being provided. Read more: PM postpones UAE visit to focus on flood rescue, relief activities Acknowledging the international community’s support, Bilawal highlighted that Pakistan launched the “UN Flash Appeal” for a flood response plan on August 30, which prioritised focused interventions in specific areas. FM Abdollahian conveyed condolences on the loss of lives and material damage due to the floods and assured to assist in the provision of relief. In the bilateral context, the foreign minister said that the recently concluded session of the Joint Economic Commission had helped further strengthen cooperation in multiple sectors. Recalling his visit to Tehran in June, the foreign minister reiterated the invitation to Dr Hossein Amir Abdollahian to visit Pakistan.

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4.7 magnitude earthquake jolts Kalat

As floods stemming from torrential rains continue to wreak havoc on Balochistan alongside other parts of the country, a 4.7 magnitude earthquake struck the Kalat area on Wednesday, however, no casualties or injuries were reported. According to the Pakistan Metrological Department’s (PMD) National Seismic Monitoring Centre, the earthquake had a depth of 34km, a longitude of 66.71 East and a latitude of 28.92 North. The residents of Kalat and surrounding areas felt the tremors and left their homes. While the PMD placed the earthquake 15km South-East of Kalat, the United States Geological Survey said its epicentre was 22.2km east of the city. Besides casualties, the floods have already destroyed a major chunk of the province’s infrastructure and have led to many families being displaced.

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Notices issued on Imran’s plea in terror case

The Islamabad High Court (IHC) has issued notice to respondents and sought their replies in a plea seeking quashment of terrorism case registered at Margalla Police Station against PTI Chairman Imran Khan. The petition, making Islamabad IG, DIG, Margalla Police Station SHO and others parties in the case, adopted the stance that the PTI chairman was accused of hurling threats at the judiciary during his speech at F-9 Park rally on August 20. It was said that a case was registered against Imran at Margalla Police Station under the sections of Anti-Terrorism Act. The plea requested the court to quash the case against the former premier and restrain the parties from taking action against the petitioner. The petition said that the PTI chief’s speech did not threaten but had hinted at legal proceedings against the judge and the IG. The court issued notice to the respondents and adjourned the hearing of the case till September 8.

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Wheat stocks of Rs4b damaged in floods

Officials of various government departments painted a dismal picture of the wheat stocks situation in the wake of recent devastating floods up and down the country, but remained optimistic that there would be no shortage of fertilisers when cultivation of the next crop begins. The wheat situation and its cultivation later this year, came under discussion in two separate meetings of the National Assembly standing committees on national food security and commerce. The committees also received briefings from the food ministry as well as the commerce ministry officials. Officials of the Pakistan Agricultural Storage & Services Corporation (Passco) informed the National Assembly Standing Committee on Food Security that wheat stocks worth Rs4 billion had been damaged in the floods in Sindh and Balochistan. The Passco managing director told the committee that the target of wheat procurement was fully achieved, but the floods had affected three out of 15 Passco zones – Dera Allahyar in Balochistan and Khairpur and Hyderabad in Sindh. The Passco storages in these areas were under two to five feet of water, the MD told the participants of the meeting. “When the water drains out, only then it will be known how much wheat remains suitable for human consumption,” he said, adding that wheat worth Rs4 billion had been damaged. Committee Chairman Rao Ajmal Khan noted that the floodwater in Sindh would take two months to drain out, while more time would be required to restore lands affected by the floods. He warned the area under wheat cultivation would be reduced by 20% in the next season. While briefing the committee regarding the support price of wheat, the food security secretary said that the task had been given to the Agriculture Task Force to give a profitable price of wheat to farmers. He added that the cost of production of wheat had been estimated at Rs2,495 per 40 kilogrammes. The secretary said that efforts were afoot to forge consensus among the provinces on wheat support price, adding that all the provinces had given their suggestions in this regard. He said that support price had been determined and shared with the prime minister. “The government will allow wheat farmers to earn profit on wheat production because of the floods. Good support price of wheat will be announced and the government will try to give further benefits to the farmers,” the secretary said. During the meeting, the Commerce Ministry briefed the committee on the availability of fertilisers. Officials said that 200,000 tons of DAP fertiliser was being imported from China and another 300,000 tons would be procured from Iran in exchange for rice. The officials said that timely measures had been taken and there would be no shortage of fertiliser. The committee directed the ministry to ensure DAP supplies stressing that wheat production was heavily dependent on this fertiliser. Separately, the National Assembly Standing Committee on Commerce recommended to the government to fix wheat support price at Rs3,000 per 40 kilogramme and announce the new rate as early as possible so the growers could plan the cultivation of the commodity. During the meeting, the Ministry of Food Security briefed members on the wheat situation. The director general of the Agriculture Policy Institute informed participants that the prime minister had directed for taking input from the provinces before deciding about the support price. The Sindh food secretary said that the rate of wheat was Rs8,200 per 100 kilogrammes the other day. He added that the wheat stored in houses had been lost in floods. Therefore, he added, the Sindh government wanted to keep the support price at Rs4,000. The Punjab food secretary told the committee that the province expected the support price between Rs3,000 and Rs3,500. Committee member Ahmed Hussain Dehar said that last year the farmers had to sell wheat at Rs1,800. Committee Chairman Raza Rabbani Khar observed that the support price should be announced soon. He said that the support price of Rs3,000 should be announced by September 15, adding that if the price was not announced in September, it would be too late.

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