Polarised opinion: CJ’s ‘unfettered’ powers in spotlight

The Supreme Court's much-anticipated decision in the contentious Punjab Chief minister’s polls case — that kept the three-judge bench busy for nearly three days — has supposedly put the lid on the tensions that festered well into Tuesday evening. But it has also elicited polarised opinions, particularly setting off alarm bells in the legal fraternity over the judicial overreach in the slew of recent orders that are making and breaking parliamentary affairs. Similarly, the ruling has also earned a certain degree of criticism amongst some sections of the lawyers’ community for its “harsher tones”, raising eyebrows whether or not the legal merits of the cases were examined properly. While the legal experts do acknowledge that the short order against the deputy speaker's ruling was correct, they also point out that the language used in the order was noticeably harsher than the one used in the judgment against then National Assembly Speaker Qasim Suri’s April 3 ruling to block a no-confidence motion against Imran Khan. Also read: President Alvi swears in Pervaiz Elahi as new Punjab CM Senior lawyer Salman Akram Raja said that both rulings were illegal and rightly held to be so by the SC in its two judgments. Some legal wizards chalk up this alleged “irritation” to the government’s decision to boycott the proceedings which could have grated on the nerves of the judges. The anger that eventually translated into a blow to the PML-N was more pronounced, goes the claim, when CJP Umar Ata Bandial asked Law Minister Azam Nazeer Tarar whether the latter was aware of the “consequences” of boycotting court proceedings. The bench in its order said that "the governance of the province of Punjab in accordance with the Constitution has been subverted whereby the fundamental rights of the people have been seriously infringed”. As a result, it said, the ruling of the deputy speaker has been set aside and declared to be void, without lawful authority and of no legal effect. These lines, the observers argue, perhaps reflected the brewing anger in the bench in stark contrast to the language uttered in the ruling against Suri. “Even though his act was more glaring wherein constitutional process was halted and assembly was dissolved.” Meanwhile, a PML-N leader suggested that the government should review the conduct of judges who have authored dozens of orders either in favour of rival parties or against them. Also read: PML-N denounces top court verdict on Punjab CM poll as 'murder of justice' He stressed that the time was now ripe to restructure the powers vested in the CJP via legislation as no top judge was willing to compromise on his powers regarding the fixation of cases as well as the composition of benches. Meanwhile, others believe that the superior judiciary will not easily accept any legislation regarding the regulation of CJP powers. However, CJP's refusal to form the full court will make the SC more controversial. Senior most judge of the Supreme Court Justice Qazi Faez Isa is already questioning his conduct regarding the appointment of new SC judges, mounting pressures for the CJP from within. “If the SC wants to end dictatorship within parties then it should also abolish unfettered powers of CJP who is facing allegations of favouritism in the composition of benches,” a lawyer said. Meanwhile, it was learnt that the government has decided to withdraw the curative review petition against the SC majority order wherein the review petition of Justice Qazi Faez Isa was accepted on April 26, 2021.

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Pakistani clerics ‘fail to soften TTP’ in Kabul meetings

A delegation of Pakistani clerics that landed in Kabul a day earlier has reportedly failed to convince the outlawed Tehreek-e-Taliban Pakistan (TTP) to soften their stance and shun violence against the state of Pakistan. The delegation, led by Mufti Taqi Usmani, flew into Kabul in a C-130 plane on Monday to meet the TTP leadership. The 13-member delegation included religious scholars belonging to different sects from across the country including Karachi, Lahore, and Khyber-Pakhtunkhwa. They met the TTP chief Mufti Noor Wali and other leaders of the group from the erstwhile Federally Administered Tribal Areas (Fata). https://ift.tt/sybmetB The delegation was briefed about the state of Pakistan’s demands during a meeting with the Corps Commander Peshawar at the Corps Headquarters before it flew to Kabul. During the meeting, the clerics urged the TTP leadership to withdraw their demand for the reversal of Fata merger, but they refused to budge. The clerics cited several religious edicts of the Wifaqul Madaris against waging war against the Islamic State of Pakistan. In response, the TTP reiterated their demands put forth in various meetings with the Pakistani negotiators and jirga of tribal elders from Pakistan. Also read: Pakistani Ulema in Kabul for talks with TTP Sources in the TTP told The Express Tribune that the group could not trust the clerics in the absence of concrete assurances from the military establishment which, according to them, wielded the actual power. They also said that the banned outfit put forth an “eight-point rationale” for their refusal to shun violence against the state of Pakistan while politely refusing to entertain Mufti Taqi Usmani's request. Also read: Dealing with TTP A source in the clerics' team also said that the leadership of the banned organisation listened to them patiently but refused to accept their demand. The delegation would stay in Kabul until Wednesday (today) for making a last-ditch effort to convince the group to soften their stance, but the chances of them showing flexibility remain slim. Pakistan calls upon the TTP leadership to give up violence against state institutions, disband their organisation and return to their areas with a promise of amnesty for their past crimes.

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President to administer oath to Pervaiz Elahi after governor’s refusal

President Dr Arif Alvi will administer oath to the newly-elected Punjab Chief Minister Pervaiz Elahi after Supreme Court declared the election of his predecessor — PML-N leader Hamza Shehbaz — as null and void on Tuesday. After the apex court verdict, it was decided to host the swearing-in ceremony at the Governor’s House but after Punjab Governor Balighur Rehman’s refusal to administer oath, the ceremony was shifted to the President House in Islamabad, which will take place at 2am. Elahi travelled to the federal capital from Lahore on a special flight to take oath late at night. The PML-Q leader has been elected as chief executive of the province for the second time. Earlier, he was elected as Punjab chief minister in 2002. He has also served as deputy prime minister in 2011. He was born in Gujjrat’s Jutt family in 1945 and started his political carrier by electing as Gujrat District Council Chairman in 1983. Later in 1985, he became a member provincial assembly for the first time. Later, he was elected in 1988, 1990 and 1993. He has also worked as acting opposition leader in the provincial assembly between 1993 and 1996 in the absence of Shehbaz Sharif. He was re-elected as MPA for the fifth time in 1997 and served as provincial assembly speaker. Also read: SC declares Hamza’s election null and void, directs Elahi to take oath tonight After the fall of the Nawaz Sharif government in 1999 as a result of Musharraf’s martial law, Chaudhry Pervaiz Elahi and Chaudhry Shujaat Hussain left the PML-N and constituted a separate party — Pakistan Muslim League-Quaid (PML-Q). During Musharraf's regime, he was first elected as Punjab chief minister in 2002. Following the dissolution of the provincial assembly in 2007, he was elected again as MPA and MNA simultaneously for the first time in 2008 general elections and later appointed as health minister. He became the first-ever deputy prime minister in 2011. In 2013, he was elected again as a member of the National Assembly. Later in 2018, he won again on two national assembly's seats and a provincial assembly's seat. After 2018 general elections, he was elected as Punjab Assembly speaker after his party forged an alliance with the PTI.

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President to administer oath to Pervaiz Elahi after governor’s refusal

President Dr Arif Alvi will administer oath to the newly-elected Punjab Chief Minister Pervaiz Elahi after Supreme Court declared the election of his predecessor — PML-N leader Hamza Shehbaz — as null and void on Tuesday. After the apex court verdict, it was decided to host the swearing-in ceremony at the Governor’s House but after Punjab Governor Balighur Rehman’s refusal to administer oath, the ceremony was shifted to the President House in Islamabad, which will take place at 2am. Elahi travelled to the federal capital from Lahore on a special flight to take oath late at night. The PML-Q leader has been elected as chief executive of the province for the second time. Earlier, he was elected as Punjab chief minister in 2002. He has also served as deputy prime minister in 2011. He was born in Gujjrat’s Jutt family in 1945 and started his political carrier by electing as Gujrat District Council Chairman in 1983. Later in 1985, he became a member provincial assembly for the first time. Later, he was elected in 1988, 1990 and 1993. He has also worked as acting opposition leader in the provincial assembly between 1993 and 1996 in the absence of Shehbaz Sharif. He was re-elected as MPA for the fifth time in 1997 and served as provincial assembly speaker. Also read: SC declares Hamza’s election null and void, directs Elahi to take oath tonight After the fall of the Nawaz Sharif government in 1999 as a result of Musharraf’s martial law, Chaudhry Pervaiz Elahi and Chaudhry Shujaat Hussain left the PML-N and constituted a separate party — Pakistan Muslim League-Quaid (PML-Q). During Musharraf's regime, he was first elected as Punjab chief minister in 2002. Following the dissolution of the provincial assembly in 2007, he was elected again as MPA and MNA simultaneously for the first time in 2008 general elections and later appointed as health minister. He became the first-ever deputy prime minister in 2011. In 2013, he was elected again as a member of the National Assembly. Later in 2018, he won again on two national assembly's seats and a provincial assembly's seat. After 2018 general elections, he was elected as Punjab Assembly speaker after his party forged an alliance with the PTI.

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‘Victory of public mandate’: PTI heaps praise on SC judges for ‘historic’ verdict

As the Supreme Court declared Punjab Chief Minister Hamza Shehbaz’s election as null and void, PTI leaders including former prime minister Imran Khan heaped praise on the apex court judges for upholding the Constitution against “all threats” and termed the verdict a victory of public mandate. In a tweet from his official handle, PTI Chairman Imran on Tuesday appreciated the SC judges for standing firm and upholding the Constitution and law “against all manner of threats & abuse”. I appreciate our SC judges for standing firm & upholding the Constitution & law, against all manner of threats & abuse. I want to thank Barrister Ali Zafar & his team. I want to thank the people of Punjab for coming out in unprecedented numbers in bye elections against rigging. — Imran Khan (@ImranKhanPTI) July 26, 2022 He also thanked the incoming chief minister Pervaiz Elahi’s counsel Barrister Ali Zafar and his team for winning the legal battle against the ruling alliance. “I want to thank Barrister Ali Zafar & his team. I want to thank the people of Punjab for coming out in unprecedented numbers in by-elections against rigging,” he added. Thanking the Almighty, Imran said tomorrow evening his party will offer thanks to Allah and celebrate with all the people of Pakistan “who have stood by us in our campaign for Haqeeqi Azadi, coming out in massive numbers to show support”. Tomorrow evening we will offer thanks to Allah & celebrate with all the people of Pakistan who have stood by us in our campaign for Haqeeqi Azadi, coming out in massive numbers to show support. #ShukrAllahShukriyaAwam — Imran Khan (@ImranKhanPTI) July 26, 2022 Speaking outside the Supreme Court, PTI Vice Chaimran Shah Mahmood Qureshi hailed the apex court verdict saying, “I pay tribute to the judges for tolerating unruly behaviour of the government ministers”. He said the verdict is the victory of the public mandate and Constitution. “People rejected the imported government and this is a victory of public mandate and Constitution.” He also lashed out at the deputy speaker, Dost Mohammad Mazari, who belongs to PTI, saying he played a “shameful role” in the chief minister’s election. “[Prime Minister] Shehbaz Shairf should now dissolve assemblies and call early elections which is the only solution now.” Also read: SC declares Hamza’s election null and void, directs Elahi to take oath tonight Speaking on the occasion, PTI leader Asad Umar while responding to the coalition partners’ reservations over the three-member apex court bench said the same judges were also part of the bench which ruled against PTI-led government in April this year. Media talk by @Asad_Umar after the historic win. #عوام_کی_جیت pic.twitter.com/Nubx7EsHyU — PTI (@PTIofficial) July 26, 2022 “Congratulations to the people of Pakistan on this great victory of democracy under the leadership of Imran Khan,” said PTI leader Fawad Chaudhry. In a tweet, he wrote that CM Hamza should have resigned after his party suffered defeat in recently-held Punjab by-elections in which PTI achieved a landslide victory, securing majority in the provincial legislature. پاکستان کے عوام کو عمران خان کی قیادت میں جمہوریت کی یہ عظیم فتح مبارک ہو ، اصولی طور پر پنجاب کے انتخابات کے بعد حمزہ کو استعفیٰ دے دینا چاہئے تھا لیکن وہ بے اصولی سیاست میں پڑ گئے آج سپریم کورٹ نے آئین بحال کیا — Ch Fawad Hussain (@fawadchaudhry) July 26, 2022 “But he resorted to ‘unprincipled politics’. Today, the Supreme Court upheld the Constitution.” سپریم کورٹ نے حمزہ شہباز کی حلف کالعدم قرار دیا ہے۔ آج گورنر پنجاب کو حکم دیا گیا ہے کہ ساڑھے گیارہ بجے سے پہلے نئے چیف منسٹر چوہدری پرویز الٰہی کا حلف لیا جائے۔ ایک جمہوری حکومت کا پنجاب میں آغاز ہوا ہے۔ @fawadchaudhry#عوام_کی_جیت pic.twitter.com/GKeEgNCCHA — Fawad Chaudhry (Updates) (@FawadPTIUpdates) July 26, 2022 Awami Muslim League (AML) chief Sheikh Rashid, who is a close confidant of ex-PM Imran, said the top court has announced the ‘historic decision’ which he said dealt blow to the “gang of conspirators”. “Those who ‘attacked’ Supreme Court faced defeat… they used foul language against courts and hatched conspiracies while sitting in the PM House,” Rashid said in a video statement. pic.twitter.com/psYNII2hgm — Sheikh Rashid Ahmed (@ShkhRasheed) July 26, 2022 “All credit goes to Imran Khan as he stood firm against them [ruling alliance] and due to his efforts PTI was able to win 15 out of 20 seats in the Punjab by-elections,” he added. He also congratulated the newly-elected chief minister Pervaiz Elahi, saying the “truth will soon prevail at the Centre as well”. Other PTI leaders also echoed the same sentiments, hailing the apex court verdict on the deputy speaker’s controversial ruling. Justice has prevailed and ppl's mandate has been respected. SC gives decision. Reversal of US regime change conspiracy by strength of ppl who stood behind IK's stand for Haqeeqi Azadi and his taking the cause to the people of Pakistan. — Shireen Mazari (@ShireenMazari1) July 26, 2022 اللہ کا شکر۔ اور سپریم کورٹ نے حمزہ کو پھڑکا دیا۔ سچ کی جیت ہوئی۔ آخر کار شریف مافیا ہار گئی۔ تمام مافیاز کو خان اور عوام ہرانے میں کامیاب۔ عمران خان کی اللہ نے لاج رکھی — Dr. Shahbaz GiLL (@SHABAZGIL) July 26, 2022 Man of the match !#Supreme_Court_Of_Pakistan pic.twitter.com/wL82rdca53 — Sayed Z Bukhari (@sayedzbukhari) July 26, 2022 The celebrations....#مینڈیٹ_بمقابلہ_مافیا#Supreme_Court_Of_Pakistan pic.twitter.com/1o9ujjSjJt — Andleeb Abbas PTI (@AndleebAbbas) July 26, 2022 پنجاب کی عوام کو ان کا چوری شدہ مینڈیٹ واپس مل گیا آئین اور قانون کی بالادستی قائم ہوگئی ہے۔ فسادی رانی روئے یا پٹے پنجاب کے اصلی وزیراعلی اب چوہدری پرویز الہی ہی ہیں۔ @FarrukhHabibISF #عوام_کی_جیت pic.twitter.com/PPrtQRYoa5 — PTI (@PTIofficial) July 26, 2022 Following the Supreme Court’s decision, the party also called in an important consultation meeting at Imran Khan’s Bani Gala residence in Islamabad. https://ift.tt/0CjJNLX  

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Govt gives exporters subsidy on gas, electricity

The federal government on Monday approved provision of subsidised gas to exporters for almost a full year and electricity for three months amid the exporters’ inability to show any meaningful increase in export volumes despite taking Rs106 billion subsidies in the just ended fiscal year. The Economic Coordination Committee (ECC) of the Cabinet approved supply of electricity at nine cents per unit and RLNG at $9 per MMBTU to five export-oriented sectors across the country. It has increased the rates from $6.5 to $9 but would still bear a minimum Rs40 billion subsidy on imported gas. The Ministry of Commerce presented a summary for provision of cheaper electricity and gas for the full fiscal year 2022-23 that would cost the kitty Rs129 billion against the budgeted subsidy of Rs60 billion. Due to lack of fiscal space, the ECC for the time being approved provision of subsidised imported gas for the full year but electricity only until the Rs20 billion budgeted allocation is consumed, starting from next month. The ECC after detailed discussion approved the RLNG rate at $9 per MMBTU, all inclusive, to five export-oriented sectors across Pakistan for existing gas connections, according to the Ministry of Finance. A subsidy cover of Rs40 billion for RLNG has been allocated under federal budget 2022-23 which will be reviewed on a quarterly basis. The ECC also recommended the federal cabinet to raise the tariff of indigenous gas for export-oriented sectors at Rs1,350 per MMBTU and for general industry at Rs1,550 per MMBTU. Read Rs10 per unit power tariff hike in offing The ECC approved the electricity rate at US cents nine per kWh to five export-oriented sectors from August 1, 2022 subject to a subsidy of Rs20 billion provided by the Finance Division, according to the decision. According to the Power Division calculations, the Rs20 billion cover would end in three months (October 2022). The ECC decided that it will review the electricity subsidy quarterly and the Petroleum Division will provide a list of industrial units getting subsidised gas and electricity, within one month to the ECC for review. The ECC also decided that if any supplementary grant is approved by the forum in the future, the sponsoring ministry will also present a taxation proposal to neutralise the additional budgetary impact to achieve the targets set by the IMF. The ECC also approved a supplementary grant of Rs750 million for the Ministry of Information and Broadcasting for 75 years’ Independence Day celebrations. But it directed the Federal Board of Revenue to prepare a proposal to increase taxes on tobacco to raise revenue equal to Rs750 million. In August last year, the then government started providing energy to textiles, including jute, leather, carpet, surgical and sports goods, electricity at nine cents per unit all-inclusive and RLNG at $6.5 per MMBTU during FY 2021-22 to reduce the cost of manufacturing and enhance exports. There have been concerns that the exporters are not bringing any meaningful increase in export volumes and the recent surge in the exports was largely because of increase in commodity prices. The Ministry of Commerce summary was silent on the point of any meaningful increase in the export volumes during the last fiscal year despite doling out Rs106 billion subsidy. The government allocated Rs20 billion for electricity in the budget but the Power Division estimated the total requirements at Rs104 billion and sought Rs84 billion supplementary grant. The finance ministry refused to provide the subsidy due to the commitments with the IMF. Read more Proposal for lower petroleum levy rejected As of June 30, the pending claims of zero-rated industrial consumers is Rs26.2 billion and the Power Division needed another Rs6.2 billion just to clear the outstanding claims of the previous fiscal year, according to the Power Division’s note to the ECC. For the current fiscal year, the Power Division requires an additional Rs78 billion as supplementary grant for provision of concessional tariff to export-oriented industries for consumption during the current fiscal year. “In case the government approves less allocation, the Power Division will reduce the application of the package proportionately for such months as can be met from such allocation,” according to the Power Division. The Ministry of Finance has maintained that there is space in the budget for additional supplementary grant due to commitments with the IMF. Similarly, the government has also allocated Rs40 billion for RLNG in the budget to supply imported RLNG at concessionary tariff to five export-oriented sectors. But the Petroleum Division has demanded Rs11 billion for supplying imported RLNG to SSGCL consumers –a new subsidy programme.

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Why did the SC reject govt’s request for full court?

The Supreme Court’s decision to turn down the ruling alliance’s demand to form a full bench in petitions related to the controversial Punjab chief minister's election has seeded confusion as to why the request was given a thumbs down. The three-member bench provided the rationale that administrative issues such as the non-availability of judges informed its decision against the full court. Similarly, it also pointed out that the nature of the case did not warrant it. Nonetheless, political observers as well lawyers reckon a few possible factors could have driven the bench to the decision a few expected, including its apprehensions that a full bench could have thrown its previous opinion on Article 63-A into the throes of fresh speculations and questions. ‘CJP was visibly irked’ Some analysts hold the view that counsels pleading the PML-N’s could have ended up touching the ‘raw nerves’ of the judges. For instance, when Deputy Speaker Dost Muhammad Mazari’s lawyer Irfan Qadir contended that a full court could also dispel the impression “that certain cases go to the same bench”, CJP Umar Ata Bandial, who is known for being even-tempered, seemed to have been irked. At one point, the CJP issued a stern warning to Qadir that if he did not listen to the judges, he would be asked to leave the rostrum. To make the matters worse, Mazari’s counsel said that CJP was consistently urging political leaders to be united in the national interest, wondering when the SC judges will get united. "You are not biased but you are not free from bias,” Irfan Qadir told the bench. Read Legal debate: Composition of benches gets extra importance The judges, who seemed calm before taking the first break around, were at this point apparently losing their composure. Meanwhile, the majority of those present in the courtroom were expecting that either a full court or at least a larger bench would be formed but the hopes dimmed after a visible change in the CJP's mood flashed across his face. Similarly, when the CJP invited the respondents to present their arguments on merit, Law Minister Azam Nazeer Tarar requested time to get fresh instructions to argue the case on merit and reiterated the request for a full court. However, the chief justice expressed disappointment over his request. Subsequently, PML-Q lawyer Salahuddin, in his turn, fuelled the annoyance by saying the people were already aware of both the Sharifs’ and Chaudhrys’ governance and “no sky would fall” if either were in power. However, he said, if the public perception was formed that only a select few judges deal with important political matters then that would “certainly be akin to a sky falling”. He again prayed for the formation of a full bench. Unnecessary delay Meanwhile, a second hypothesis being floated is that the apex court wanted to put a lid on the mushrooming crisis that has gripped Punjab for months. At one point, Justice Bandial remarked that the full court could only be constituted in September. “Should we stop everything until then?” “We can’t abandon the most important matter of the state. We can’t leave the matters of the Constitution and the public interest hanging [in the middle],” he said. The chief justice said that every citizen, and even the court, was worried about the economic situation. “Is this state of the economy because of the court or because of instability?” ‘Personal stakes’ Likewise, the decision also spawned a high volume of speculations about the top court’s own “insecurities” – a claim more loudly chorused by the parties whose political stakes were badly affected. Maryam made a series of critical tweets soon after the apex court's verdict, saying the reason the request for a full bench was rejected was the fear of contradictions in the court's own decision. However, several lawyers also believed that the inclusion of other judges could have questioned these judges’ opinions regarding the interpretation and scope of Article-63 A. A lawyer pointed out that the size of the bench was an issue. “The issue is as who is sitting on the bench hearing high-profile cases. After Justice Qazi Faez Isa’s case, the SC judges are divided on ideological lines as is reflected in their rulings delivers in high-profile cases,” the lawyer pointed out. However, he emphasised that if the views of judges on constitutional issues are laid bare and become an open secret then the CJP should balance the composition of benches. “The CJP should avoid giving the impression that only like-minded judges are being included in larger or special benches,” he said and added the CJP should also dispel the perception that he was referring sensitive matters to his like-minded judges. “If the CJP did not review the policy regarding fixation of cases as well as the composition of benches, then SC's moral authority may erode,” he added.

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