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PHC order ignites discussion around legal procedures

In Brief
PAKISTAN ELECTIONS 2023
PR Exclusive Update 32

PHC order ignites discussion around legal procedures
On 27 December, The News International reported that despite the ongoing debate on social media about the Peshawar High Court's (PHC) decision to grant a stay order in favor of the PTI without first hearing from the ECP's attorney, legal experts have noted that it is common for a court to issue an interim ruling without the opposing party's attorney present. This is true even when there is no prior notice or on the first date of the hearing. The Supreme Court (SC) Correspondent for The Express Tribune, Hasnaat Malik, tweeted that there would be several arguments against the ECP’s decision; however, it would have been preferable if the PHC single judge had suspended the five-member commission's order after hearing the opposite side’s arguments.  Constitutional lawyer Usama Khawar stated, “This phase typically involves granting interim relief, commonly referred to as a ‘stay’, and it is not a requirement to hear the other party before making such a decision.” Meanwhile, Barrister Tahir also commented on the PHC stay order: “The gist is that the order is appropriate in the circumstances as they exist in my opinion and that the ECP must argue the case before the high court when the matter is taken up again after winter vacations the 9th of January 2023 till when the order is operative for anyway.” (Zebunnisa Burki, “PHC order sparks debate on legal procedure,” The News International, 27 December 2023)

PMLN is yet to discuss seat adjustment with IPP
On 26 December, a senior leader of the Pakistan Muslim League-N (PMLN) Khurram Dastgir Khan, stated that while seat adjustments with the Istehkam-e-Pakistan Party (IPP) might be conceivable, their major goal was still up for discussion. Regarding the IPP's alleged demand for numerous constituencies, including some significant ones, Dastgir stated that the party led by Jahangir Tareen had made a massive demand, which prevented serious negotiations from happening. He said, “The party will discuss where they have to give them [IPP] space after making the final decision on tickets.” According to sources cited by The News International, as the negotiations between the two political parties continue without producing any significant progress, the IPP has demanded adjustments for 50 provincial assembly seats and 26 National Assembly seats. According to Dastgir, Punjab is not under any kind of obligation to make room for the IPP. He insisted that they would like to bring other parties along as well. He added, “We aim to create political stability in the upcoming assemblies, for this we will make seat adjustments.” (“Seat adjustment with IPP yet to be discussed: PMLN,” The News International, 27 December 2023)
 

ANP fears losing its party symbol in a “Balancing act” by the ECP
On 26 December, Central Senior Vice President of the Awami National Party (ANP) Ameer Haider Khan Hoti, voiced his concern that stripping his party of its electoral symbol was being considered as a means of striking a balance to justify another judgment. The remarks from the ANP leader came after the Election Commission of Pakistan (ECP) reserved its judgment on the party's plea for an extension of six months to hold internal elections, potentially costing it the poll symbol of ‘lantern’. The Pakistan Tehreek-e-Insaf (PTI) had earlier had its intra-party polls declared null and void by the ECP and its electoral symbol of ‘bat’ revoked.   Ameer Haider Hoti said in a speech, “May Allah prove it wrong, but they might take a decision against the ANP to prove one judgment right.” He further stated that similar attempts were being made to carry out this action as judgments were being handed down against Jahangir Khan Tareen and Pakistan Muslim League-N (PMLN) leader Nawaz Sharif. (“ANP fears its electoral symbol may be snatched in a ‘balancing act,” The News International, 27 December 2023)
 

The nomination papers of Nawaz Sharif were accepted after scrutiny
On 26 December, the examination of nomination papers in different Lahore constituencies was started by the Election Commission of Pakistan (ECP). The PMLN leader Nawaz Sharif had submitted his nomination papers from Lahore's NA-130 to the ECP. In a media interview, PMLN leader Bilal Yasin confirmed that Nawaz Sharif's documents had been accepted without any issues. The party's legal team had reportedly been put on standby to handle any opposition to Nawaz's nomination papers, according to PMLN sources. The examination of Maryam Nawaz, the chief organizer of the PMLN, from PP-165, is also over. When the documents were examined in the Regional Officer’s (RO) office with the proposer and endorser present, the RO deemed Maryam Nawaz's paperwork to be finished. It ought to be noted that the document verification process will end on 30 December. (Ali Raza, “Nawaz’s papers accepted from Lahore’s NA-130,” The News International, 27 December 2023)
 

Ahle-Sunnat-Wal-Jamaat (ASWJ) militant organization leader contesting elections with a new name
On 27 December, Dawn reported that a leader of the Ahle-Sunnat-Wal-Jamaat (ASWJ) militant organization, Maulana Muhammad Ramzan Mengal is all set to contest in the forthcoming elections for a national assembly seat from Quetta. According to the Election Commission of Balochsitan, Mengal has filed nomination papers for the National Assembly Constituency NA-236, Quetta-II as a member of a new party registered as Pakistan Rah-e-Haq (earlier Ahle-Sunnat-Wal-Jamaat) with the ECP. Before this,  Ahle-Sunnat-Wal-Jamaat (ASWJ) was known as Sipah-i-Sahaba Pakistan (SSP) and was banned during Gen Pervez Musharraf's reign. (“Former leader of banned outfit files papers for NA-263,” Dawn, 27 December 2023)
 

RIP: Riaz Khokhar
On 26 December, The News International reported on the passing away of the Former Foreign Secretary of Pakistan, Riaz Hussain Khokhar. Riaz Khokhar was a prominent Pakistani diplomat who had also served as Pakistan’s ambassador to India, the United States and China. He had advocated for a strong stance towards India, cautiously viewed the US, and had favored strengthening ties with China marked by strategic initiatives like the development of the Gwadar Port and the Chashma Nuclear Power Plant. During the peak of his remarkable career, Mr. Khokhar’s approach to overseeing Pakistan's foreign policy was greatly impacted by these views while he served as Foreign Secretary from June 2002 to February 2005. Khokhar's leadership during the post-9/11 era had been significant where he balanced Pakistan's alignment with the US in the War on Terror while managing relations with other nations. He had also played a pivotal role in the India-Pakistan Composite Dialogue, promoting confidence-building measures and seeking peaceful resolutions. Senior leader of Pakistan People’s Party (PPP) Sherry Rehman shared her condolence on X, “The late ambassador was always such a strong advocate of a progressive Pakistan and fiercely independent who served as Pakistan’s foreign secretary among many other diplomatic posts in tough situations.” Former foreign secretary Salman Bashir narrated him as “a clear-headed person, who never shied from speaking truth to power.” (“Ex-foreign secretary Riaz Khokar passes away,” The News International, 27 December 2023) (Baqir Sajjad Syed “‘Diplomatic luminary’ Riaz Khokhar is no more,” Dawn, 27 December 2023)

POLITICS
Imran Khan resubmits appeal to SC in the Toshakhana case ruling
On 27 December, The News International reported that the ex-premier of Pakistan, Imran Khan has re-submitted the petition he had filed in the Supreme Court requesting an overturning of his conviction in the Toshakhana case. He had first filed the petition on 23 December which had been returned by the Supreme Court Registrar's Office on account of being incomplete and without proper documentation. The appeal was resubmitted by Sardar Latif Khosa under Article 185 of the Constitution after rectifying the objections. It is to be noted that a trial court had on 5 August 2023 declared Imran Khan guilty of graft in the Toshakhana case. Khan's conviction had resulted in a five-year ban on him from holding any public office. This petition can be seen as an attempt to seek the overturning of that verdict, which will render him eligible to run in the upcoming general elections that are set for 8 February 2024. Undoubtedly, the verdict in this legal battle would have a big impact on Imran Khan's political destiny as well as the current election environment. (Maryam Nawaz, “Imran moves SC against trial court’s verdict in Toshakhana case,” The News International, 27 December 2023)
 

ECONOMY
Refineries are no longer interested in buying Russian crude oil
On 27 December, The News International reported that due to the falling global prices of furnace oil, a byproduct of Russian oil, local refineries in Pakistan have become unwilling to buy Russian crude oil. With the price of furnace oil dropping from $80 to $60 per barrel, Pakistani hydro skimming refineries—which produce 55 per cent of the country's furnace oil from Russian crude—are no longer able to make a profit. Refineries are shipping significant amounts of furnace oil around the world due to an excess supply and practically no domestic demand. According to data, the sale of fuel oil in December 2023 was 34% lower than in the same month of 2022. It is to be noted that Pakistan and Russia had signed an agreement earlier this year for Russian crude oil supply to Pakistan with the first order being placed in April 2023. ( Tanveer Malik, “Refineries shun Russian crude as fuel oil prices dip,” The News International, 27 December 2023)
 

EXTERNAL
Pakistan and Saudi Arabia agree on legal framework for investment
On 27 December, The News International reported that Pakistan and Saudi Arabia have finalized a bilateral legal framework, paving the way for considerable Saudi investment in Pakistan. The deal is anticipated to be formally inked shortly. With the caretaker cabinet's permission, the Special Investment Facilitation Council (SIFC) has developed a comprehensive investment framework. Pakistan was hesitant to incorporate procedures for international arbitration due to previous investment disputes, however, the SIFC addressed this concern by harmonizing with international standards. Pakistan seeks to establish an inviting investment climate, with Saudi Arabia potentially contributing $25 billion. Investments from the UAE, Kuwait, and Qatar are also being pursued. With the help of the Pakistani Army, the SIFC was founded to simplify procedures for foreign investors and reduce administrative difficulties. This development demonstrates Pakistan's dedication to creating an environment that is favorable to foreign investors. (Ansar Abbasi, “Islamabad, Riyadh agree on legal framework for Saudi investment,” The News International, 27 December 2023)

Pakistan on Twitter

“Remembering Mohtarma Shaheed Benazir Bhutto today, whose life was a testament to resilience and leadership. Her unwavering commitment to Pakistan and our people. May her legacy continue to inspire generations.”
- Sumeta Afzal Syed

“Stability Pakistan is a peaceful political party that wants to end the politics of incitement, hatred and revenge.”
- Mareeya

“Encouraging legal remittance flows is needed for Pakistan's economic growth. Experts stress the importance of attractive investment options to drive remittances through formal channels. Combatting black market trade and supporting FDI are key steps.”
-Nkati

 

Also read...

Sherry Rehman, ‘Benazir and the Black Swan’
The News International, 27 December 2023
“When a black swan event hits the world, people often recall it in two ways. One is a public record that is pieced together to become what we call history. The other is saved up in individual memory as part of a personal story. December 27, 2007, was a classic example of the black swan disruption of planned realities, a textbook case of unexpected events that shattered the trajectory of millions of lives in one cataclysmic day. The day we lost Benazir Bhutto, Pakistan changed. It had to. But Pakistan’s story changed too. She was several decades ahead of her time when she returned to Pakistan after more than a decade in exile. Fragments from a personal history and a public one well up like unshed tears on this day. What stood out in that electric darkness at noon? And what made her continue on her perilous path, many ask. Where would we be today were she not taken from us?”

Dr Sharmila Faruqi, 
‘Bhutto’s legacy’
The News International, 27 December 2023
“The Pakistan People’s Party (PPP) has long been a proponent of progressive politics, aiming to propel the country forward. On the 27th of December, the nation commemorates the death anniversary of the iconic Shaheed Mohtarma Benazir Bhutto (SMBB), a symbol of hope for the nation during tumultuous times. SMBB’s enduring legacy in Pakistan is etched in the hearts of many. She served as the voice for the marginalized, fostering an unparalleled connection with the people. Her commitment to inclusive politics stood as a beacon, transcending the prevalent politics of hate and vengeance that often mark today’s challenging times. Her legacy is now carried forward by her son, Chairperson PPP Bilawal Bhutto Zardari, who envisions steering the country in a new direction by burying traditional politics.”

Furqan Hyder Shaikh, 
‘A single vote’
Dawn, 27 December 2023
“PROSPERITY, development, and sustainability in Sindh are linked to the number of people casting their vote hopefully for someone who has a vision, a plan, and an executable strategy to deal with problems. Socioeconomic challenges, unfortunately, dominate the landscape, with poor education and health systems, water and food scarcity, and a dearth of livelihood opportunities. This begs the question: is it our vote winners who lack the skills and abilities needed to serve the people, or is it the voters who fail to comprehend the qualities a poll candidate must possess in order to ensure effective governance once elected? The value of a vote is neither taught well, nor comprehended clearly. With general elections scheduled for February, votes are needed to transform Sindh into a well-managed province by a qualified political leadership.”

Talat Masood, 
‘A national pledge for a better future’
The Express Tribune, 27 December 2023
“It is just and fair elections that strengthen democratic ethos which the people deserve and yearn for. There are other serious financial and security related problems that are confronting the country. The galloping inflation has burdened the masses, reaching an all-time high of 37.97 per cent in May of 2023, depriving a vast majority of even the basic needs. It is as serious as that and certainly this country was not created for people to suffer to this extent.In these highly adverse circumstances, we have to vote for that party and those leaders that have a relatively better understanding and capability to lift the economy from its current stagnation and slow growth. We cannot continue to remain dependent on IMF and friendly countries to bail us out frequently. This is no fantasy or day-dreaming but within the realm of transformation provided that the leadership pursues the right policies with earnest.”

 





“She began her political career as the daughter of Zulfikar Ali Bhutto but turned out to be a leader in her own right.”
- An opinion in Dawn
‘Remembering Benazir’
 

 

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