Legal community divided over appointment of the new Chief Justice I IMF projects domestic debt to be 71.4 per of the GDP
In Brief
POLITICS
Federal Government revokes rules of National Cyber Crime and Investigation
On 24 October, Dawn reported that the federal government has decided to abrogate rules of National Cyber Crime and Investigation (NCCIA) which is a one-year-old institution formed to look into cybercrime and related issues. However, media reports indicated that the cabinet had given its assent to the rules. The approval of the rules of NCCIA was aimed at investigating those who are involved in proliferating fake news and are indulged in cybercrimes and online harassment. As per the rules, those convicted could be sentenced from five to ten years. Information Minister Ataullah Tarar reportedly was oblivious about the approval of rules and vowed to look into it. It is still under discussion whether NCCIA should cease to exist or new rules need to be formulated. (Syed Irfan Raza, “Cybercrime body’s future in limbo after rules repealed,” Dawn, 24 October 2024)
Newly formed constitutional bench gets its first case
On 24 October, The News International reported that the Supreme Court had passed on a case to the newly formed constitutional bench, making it the first case for the latter. The case involves seven working staff of the Ministry of Petroleum and Natural Resources who were suspended from the service. Justice Mansoor opined that since the matter involved interpretation of the constitution, it must be transferred to the constitutional bench and the court has issued the order for the same.(“First SC case transferred to constitutional bench,” The News International, 24 October 2024)
PTI to file petition against passing of the 26th Constitutional Amendment
On 24 October, The Express Tribune reported that the PTI views the recently passed 26th constitutional amendment as an attack/assault on the independence of the judiciary and has expressed its intention to challenge the same. PTI’s Shoiab Shaheen, however, clarified that the party did not have any disagreement towards nomination of Justice Yahya Afridi as the next Chief Justice of Pakistan (CJP). He conveyed that the PTI was unhappy with the seniority principle in the appointment of CJP being scrapped, which had been in place since 1998. He argued that the government’s increased role in the selection of the CJP has led to divisions among the judges of the Supreme Court. He also expressed PTI’s intention of filing a petition that their challenge to the 26th Constitutional Amendment should be heard by a full court and not a constitutional bench. Separately, JUI-F’s Kamran Murtaza condemned PTI’s decision to not participate in the Special Parliamentary committee’s meeting and dismissed the allegations that his party members were coerced to support the amendment. (“PTI to challenge 26th Constitutional Amendment over judicial reforms,” The Express Tribune, 24 October, 2024)
Prime Minister assures Palestinians of Pakistan’s assistance
On 23 October, The Express Tribune reported that Prime Minister Shehbaz Sharif has reassured Palestine about Pakistan’s support,especiallyt hose who are plighted in the current conflict in Gaza. Further, he also promised to provide them with quality education free of cost. He praised organizations such as Al-Khidmat foundation for helping students from conflict regions and expressed his deep sympathies for the people facing mayhem at the hands of Israeli forces. He applauded the vigor and impregnability of the Palestinian people and held that their courage is an inspiration for the world. (“PM Shehbaz condemns global silence on Gaza, assures Palestinian students of full support in Pakistan,” The Express Tribune, 23 October 2024)
JUDICIARY
Ministry of Law and Justice issues notification on Justice Yahya Afridi’s appointment
On 24 October, The Nation reported that Justice Yahya Afridi has been appointed as the Chief Justice of Pakistan by President Asif Ali Zardari as per Article 175A (3), 177 and 179 of the constitution. His appointment has also been notified Ministry of Law and Justice. He is set to take office on 26 October 2024 and will remain in office for three years. The oath-taking ceremony is scheduled to be held on 26 October and soon-to-be former Chief Justice Faez Isa, Chairman Senate Yousaf Raza Gilani, Speaker of National Assembly Ayaz Sadiq, Federal Ministers, Prime Minister Shehbaz Sharif, senior counsels and members of parliament have been invited to his oath-taking ceremony. (Mateen Haider, “Justice Yahya notified as new CJP,” The Nation, 24 October 2024)
Legal community divided over appointment of the new Chief Justice
On 24 October, Dawn reported of a divide among the legal fraternity over appointment of the new Chief Justice of Pakistan, Yahya Afridi. Ashan Bhoom who is the head of an autonomous panel linked with late Asma Jahangir and an erstwhile President of Supreme Court Bar Association argued that the appointment of the new CJP was not done on basis of personal bias and sees the same as “positive development”. On another front, Senator Hamid Khan of Lahore High Court Bar Association who has links with the PTI alleged that the amendment is seen as a revenge against the entire judiciary for disqualifying former Prime Ministers Nawaz Sharif and Yosuf Raza Gilani. He further suggested that Justice Yahya Afridi should not accept the CJP position as it could be seen in a bad light for bypassing other senior judges. He demanded that the CJP be appointed based on the seniority principle. Similarly, Balochistan lawyers’ bodies have advised Justice Yahya Afridi to refuse to accept the position and conveyed that they would only accept Justice Mansoor as the next CJP. Karachi Bar has also expressed its discontent with the scrapping of the seniority principle but welcomed the appointment of Justice Yahya Afridi calling him a fearlessly independent and distinguished jurist.” Sindh Bar Council has welcomed the new CJP’s appointment and expressed hope that he might a positive turnaround in the country’s judiciary. (Nasir Iqbal and Wajih Ahmad Sheikh, “Choice of new CJP splits legal community,” Dawn, 24 October 2024)
Criticism from external actors over judicial reforms are “quite misplaced,” argues an editorial in The Nation
On October 24, an editorial in The Nation titled “Obscure Criticism” rejected the criticism leveled by international actors/organizations against the recently approved 26th Constitutional Amendment. Terming these criticisms as “less substantial” when compared to those from within, the editorial has deemed these as “quite misplaced.” In this regard, the editorial highlighted the tendency of political parties in Pakistan to use “international organizations as lobbying tools to further their own agendas.” Consequently, one must be mindful of criticisms against country’s “internal matters” especially when they arise from “unfamiliar or obscure sources” as not all of them would be based on “objective analysis.” Further, when it comes to the 26th Constitutional Amendment, the most common criticism has been that it undermines the independence of the judiciary. The editorial, however, argues that this criticism would be valid it came from within the country as “decisions regarding the judiciary—its composition, jurisdiction, and selection—are fundamentally internal matters of a nation.” Additionally, no external entity reserves the right to comment on domestic matters of a country. The editorial also emphasized that each country reserves the right to decide/reform its own “governance structure” as it is “its sovereign right” and Pakistan was only exercising this. (“Obscure Criticism,” The Nation, 24 October 2024)
It was the duty of the Chief Justice to make sure that the ruling over reserved seats was complied with, suggests an editorial in Dawn
On 24 October, an editorial in Dawn titled “Curtain Call” discussed the controversy over non-compliance of Supreme Court’s order on giving the reserved seats to PTI and reinstating its status as parliamentary party. The editorial deliberated upon Chief Justice Qazi Faez Isa’s objection on the clarification given by Supreme Court judges over queries put on by Election Commission of Pakistan(ECP) citing the former didn’t have the authority to do the same and which instead should have been done using official channels. The editorial validates Chief Justice’s objection, however, questions his incompetence in ensuring compliance of Supreme Court’s order. It further saw the CJP’s verdicts on “Article 63-A” and “PTI’s bat symbol” as more concerned with the “technicalities” and “less on justice”. The Editorial opined that Justice Qazi Faez Isa who was previously seen as a pioneer in ensuring “judicial integrity” would now be viewed as one having “complex legacy.” (“Curtain Call,” Dawn, 24 October 2024)
ECONOMY
Economists brace for a 200 point policy rate cut
On 24 October, according to Dawn, economists predicted that the State Bank of Pakistan(SBP) will lower its interest rates by 200 points in the November meeting. So far, interest rates have been reduced by 450 points, bringing the policy rate down from 22 per cent to 17.5 per cent. Nevertheless, the economy has not shown any signs of improvement as the GDP growth has been projected to be at 3.2 per cent and the large-scale manufacturing (LSM) sector has projected a negative growth in fiscal 2025. Though the decline in interest rates may be linked to receding inflation, the economy is still in need of cuts to promote trade and industrial activity. Representatives of trade and industry have been calling for a decline in interest rates somewhere around 10 per cent. Head of research at Arif Habib Ltd., Tahir Abbas said: “The primary driver behind the expected rate cut is the significant drop in inflation, which fell to 6.9 per cent in September 2024 (lowest in 44 months) and is expected to ease further to 6.3 per cent in October.” (Shahid Iqbal, “SBP poised for fourth straight policy rate cut,” Dawn, 24 October 2024)
IMF projects domestic debt to be 71.4 per of the GDP
On 24 September, the News International reported that the International Monetary Fund (IMF) has forecasted a surge in gross domestic debt amounting to 71.4 per cent of the GDP in the current fiscal of 2024-2025. On the contrary, IMF’s Fiscal Monitor assessment on 23 September reflects upon a decline in the government’s debt in the subsequent years leading up to FY 2029. It has also projected an increase in the pension bill by 6.7 per cent and healthcare spending by 0.1 per cent of the GDP between 2023 and 2030. The Monitor also predicted that the general government net debt will increase from 63.5 per cent in the previous fiscal to 65.6 per cent of the GDP in the current fiscal. On brighter side for the government, Pakistan’s General Government Net Debt has been predicted to decline to 56.9 per cent of the GDP by fiscal 2029. (Mehtab Haider, “In ongoing fiscal year: IMF forecasts Pakistan gross debt to be 71.4pc of GDP,” The News International, 24 October 2024)
PSX records surpass of 88,000 milestone
On 24 October, the Karachi Stock Exchange (KSE) surpassed the 88,000 points, representing an increase of 0.98 per cent or 851.11 points. The Pakistan Stock Exchange witnessed a bull market, which according to Chief Executive of Topline Securities, Mohammed Sohail was due to aggressive purchase of bonds despite declining yields as cuts in the monetary policy have been speculated. Many analysts predict a reduction of 200 points in the interest rates in the upcoming meeting of the State Bank of Pakistan, scheduled in the first week of November. On the other hand, Director Research at AKD Securities, Awais Ashraf said: “With political risks easing and the approval of a ausd 3 billion loan facility from the Islamic Trade Financing Corporation [ITFC], investor sentiment has turned bullish on equities.” (“PSX surges to all-time high, breaches 88,000 on hopes of rate cut ,” Dawn, 24 October 2024)
Despite recent economic stabilization, balance-of-payments issues remain, highlights an editorial in Dawn
On 24 October, an editorial in Dawn titled “IMF’s estimate” reviewed growth projections made by the International Monetary Fund (IMF), the World Bank (WB) and the Asian Development Bank (ADB) for Pakistan in the short and medium term. The editorial pointed out that given the existing “balance-of-payments constraints,” the IMF’s projection of 3.2 per cent economic growth as compared to 3.5 per cent target set by the government seems “rather optimistic.”
The editorial also emphasized that these predictions by the IMF are rooted in the belief/assumption that “Pakistan would meet all the targets of its new funding programme.” Acknowledging the recent improvements in and stabilization of the economy, the editorial highlighted that these are a result of “cuts in essential public spending and restrictive policy decisions — including limits on imports and high interest rates.” This means that growth remains stunted/constricted due to “balance-of-payments issues and an excessive public debt burden.” Further, this apparent stabilization can get reserved when growth picks up. Additionally, there have been no tangible benefits from this recovery for the people. The editorial thus suggested that balance-of-payments issues must be dealt with prior to any kind of higher growth trajectory. It also argued that the country needs a push towards foreign private investment, particularly in agricultural and industrial sectors. (“IMF’s estimate,” Dawn, 24 October 2024)
SOCIETY
“The state needs to protect women when their family members won’t,” argues an editorial in The Nation
On 24 October, an editorial in The Nation titled “Protecting Women” commended the recent suggestions made by the Inspector General of Police in Punjab, Dr Usman Anwar, to Chief Minister Maryam Nawaz regarding the Protection of Women Against Violence Act 2016. IGP Anwar has suggested that the aforementioned Act be amended in order to increase fines (PKR one million), make domestic violence a non-bailable offence and make it possible for the state to prosecute offenders despite withdrawal of complaints. Terming these suggestions “vital and timely,” the editorial argued that this would not only bolster the legislation but also “offer more comprehensive protection to women across Pakistan.” The editorial also rightly pointed out that it is “rare” for law enforcement agencies to champion the cause of legislation reform and thus this recommendation should be even more welcome and is “deserving of attention.” Further, the editorial highlighted the fact that proactive steps have been taken by the Punjab government historically and under CM Maryam Nawaz to safeguard women. Additionally, the editorial also referenced recent statistics to stress the importance of these reforms. For instance, out of 115,000 complaints received by the new virtual women’s police stations nearly “nearly 60,000, or half,” were related to domestic violence. Only 3500 of these complaints led to the registration of a First Information Report (FIR). Pointing out this low rate of FIR registration, the editorial revealed that this was because “the offences were deemed non-cognizable, meaning the state could not pursue action unless the victim chose to press charges.” The editorial also stressed on the nature of the relationship between the abuser and the victim in the case of domestic violence where the former exercises a great degree of control over the latter. Thus, it is important that changes be made in the law enabling the state to prosecute offenders despite withdrawal of complaints ensuring justice to the powerless. (“Protecting Women,” The Nation, 24 October 2024)
HEALTH
40th polio case confirmed in KP
On 23 October, lab reports from the Regional Reference Laboratory for Polio Eradication at the National Institute of Health (NIH), Islamabad confirmed the ddetection of 40th polio case in Pakistan. A 30 month old boy in District Kohat, Khyber Pakhtunkhwa was detected with the virus, marking the second case in the district. Till date, 40 polio cases have been detected across all provinces, with Balochistan accounting for 20, Sindh for 12, Khyber Pakhtunkhwa with six and one each in Punjab and Islamabad. (M Waqar Bhatti, “Pakistanconfirms 40th polio case this year ,” The News International, 24 October 2024)
SECURITY
Five police personnel sustain injuries in Bajaur post attack
On 22 October, five police personnel were reported to have been attacked by unidentified assailants at the Inayat Kallay Bazaar checkpoint in Bajaur district of the Khyber Pakhtunkhwa province. A hand grenade was thrown at the police post and led five policemen to sustain injuries. They were shifted to the District Headquarters Hospital in Khan and the doctor said that their condition was stable. A spokesman of the district police, Israr Khan stated that the police had responded to the attack in an effective manner thereby forcing the culprits to flee from the scene. An investigation has been launched to determine who the whereabouts of these attackers. (“Five policemen injured in Bajaur checkpost attack,” Dawn, 23 October 2024)
Rocket attack in Quetta injures two
On 23 October, according to officials, about three rockets were directed at the headquarters of the Frontier Corps, at Quetta’s Hali Road from an unidentified location. A police officer said: “Three rockets exploded in the area but no casualty was reported in the attack.” He added that the rockets missed the headquarters and one rocket hit the Achakzai colony’s wall. This resulted in the entire area being sealed off and an investigation being launched to investigate the rocket attack. On the same day, a grenade attack on the irrigation department office in Khuzdar caused two people, an engineer and another person to sustain injuries and damage of property. Unknown motorcyclists have been accused of hurling hand grenades at the office. (Salem Shahid & Abdul Wahid Shahwani, “Quetta’s Achakzai Colony hit by rocket attack,” Dawn, 24 October 2024)
EXTERNAL
60 House of Representatives call for release of Imran Khan
On 24 October, The News International reported on a letter addressed to President Josef Biden by more than 60 US House of Representatives, calling for the release of Former Prime Minister, Imran Khan and other Pakistani politicians from jail. The letter read as follows: “We ask your administration to urgently secure the guarantees from the Pakistanigovernment for Khan’s safety and well-being and urge US embassy officials to visit him in prison.” It also urged the President to prioritize human rights in the US’ policy towards Pakistan. This development marks the first letter issued by the Congress, calling for the release of Khan after the House Resolution 901 was introduced, expressing US’s support to democracy and human rights in Pakistan. (Wajid Ali Syed, “Over 60 US House of Representatives members seek release of Imran, others,” The News International, 24 October 2024)
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Despite the difficulties, Bushra Bibi bravely appeared in jail instead of Bani Gala Sub Jail and was arrested and sentenced to 9 months in jail. It is being said that they were released as a result of a deal. If there was a deal, then Bushra Bibi would not have been in jail for 9 months and Imran Khan for 16 months.
Barrister Gohar
- PTI
Eighteenth constitutional amendment was historic in terms of parliament, federalism, democracy and devolution of powers to the lower level. Likewise, God willing, history will prove that the 26th constitutional amendment is also a historic step.
Chairman Pakistan Peoples Party Bilawal Bhutto Zardari
- PPP
Tehreek-e-Insaf also made controversial judges for their own interests who were taken for granted by the people. The reason for the grouping in the judiciary is also due to PTI.
- PMLN Digital
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"We got an independent judiciary after the lawyers’ movement. But what exactly did the judges do with this expanded power?"
- An opinion in Dawn, ‘Economy under the gavel'
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