Pakistan Institute of Legislative Development And Transparency

Update on The Performance of Democratic Institutions | December 2024

Ahmed Bilal Mehboob - January 10, 2025

This update is meant to identify key developments during the month on Performance of Democratic Institutions in Pakistan with selected high-profile international developments included occasionally.

Sentencing of Civilians under Military Courts
Press Conference by DG ISPR
NAP Coordination Meeting
84th Formation Commanders Conference
President signs amended law regulating madrassas
Court Martial Proceedings of Former DG ISI
JCP approves Judicial Commission of Pakistan (Appointment of Judges) Rules 2024
Decisions made by courts of competent jurisdiction remain valid and protected even if constitutional amendments are later declared invalid: SC
Negotiations between the PTI and the Federal Government
COAS attends Christmas celebration
Prime Minister’s Interactions with COAS
Speaker National Assembly meets Foreign Dignitaries
Chairman Senate meets Foreign Dignitaries

Sentencing of Civilians under Military Courts

On December 13, the Supreme Court’s newly formed constitutional bench conditionally allowed military courts to pronounce their reserved verdicts in cases pertaining to 85 civilians accused of involvement in the May 9 attacks on military properties. [1] This was exactly after a long gap of 12 months when the Supreme Court had suspended its earlier judgement that had ruled out military trials for civilians. The constitutional bench directed that “suspects who can be accorded concessions in their sentences, should be given so and released,” and “suspects who cannot be released should be moved to jails once their sentence has been pronounced.” The bench also announced resumption of hearing of the case after the Court’s winter break in January 2025.

Soon after, the Pakistan Army first announced conviction of 25 citizens on December 21 and later of the remaining 60 of the PTI activists held under custody on December 27. According to the ISPR, “the Field General Court Martial has promulgated punishments” to these culprits “after examining all evidence, ensuring the provision of all legal rights to the convicts, completion of due process and the appropriate legal proceedings.” ^[2] The convictions included civilians as well as two retired armed forces officers. The prison terms awarded ranged from 2 to 10 years for involvement in violent attacks on military installations during nationwide riots on May 9, 2023.

The PTI has announced plans for appeal against these sentences on behalf of the party workers. ^[3]

The sentencing of civilians through military courts caused international concern with the governments of European Union, United Kingdom and the United States calling upon Pakistan to respect civilians’ right to fair trial and due process. ^[4]

Commenting on why the trial of civilians held for May 9, 2023 could not have been held through a system under civilian domain when Pakistan was not in a state of war or emergency on May 9, 2023, the ‘Dawn’ daily has questioned the reliance on military courts in peacetime adding that it has set the sort of precedent that makes it easier to normalise such practices in the future. “The judiciary, too, must confront its role in this process. By allowing these trials to proceed under a cloud of legal and ethical questions, the constitutional bench risks entrenching practices that weaken the rule of law and undermine democratic principles.” ^[5]

In relation to awarding of the sentences in military courts to the culprits behind May 9 riots, DG ISPR in a press conference on December 27 stated that punishments handed down were not made for the military but on behalf of larger public of Pakistan. “May 9 is not a case of the military [but] of Pakistan’s public. This should be clear,” he said. Fielding questions on legitimacy of the process of trial of civilians under military courts, he said that “Pakistan’s military courts have been operating for decades and have efficiently fulfilled all demands of justice.” “The ICJ (International Court of Justice) has endorsed this whole process. Those accused in military courts have the right to a lawyer, they can present evidence and witnesses, go through cross-examination, and enjoy other legal rights. If punished, those criminals can petition the COAS in a court of appeal and also have the right to appeal to high courts and the Supreme Court.”

He went even a step further by adding that in addition to awarding of sentences to the 85 held by the military, all others involved in the May 9 riots should also be punished accordingly. “Instead of equipping [young protesters] with education and constructive thinking, some people — for the sake of politics — poison their minds through propaganda. “The real criminals are those giving impetus to this propaganda and that is why the process of justice will continue until all the planners of the May 9 violence, the real evil characters, are dealt with according to the law.” ^[6]

Press Conference by DG ISPR

[caption id="attachment_27055" align="aligncenter" width="1499"]

Lt. Gen. Ahmed Sharif Chaudhry - DG, ISPR[/caption]

On December 27, DG ISPR Lt. Gen. Ahmed Sharif Chaudhry addressed a press conference covering subjects including incidents of terrorism, trial and convictions of civilians under military courts in relation to May 09, 2023 and negotiations between the government and the PTI, etc.

The DG ISPR shared that during 2024, 1,200 terrorist attacks took place in Pakistan with 2,000 lives lost including 383 belonging to military personnel. He also shared that security forces conducted 59,775 operations killing 925 terrorists, including khawarij adding that this was the largest number of terrorists killed in the past five years. He also added that terrorist outfits banned by Pakistan were being provided “sanctuaries, support, and are allowed unrestrained activities on Afghan territory.” ^[7]

He also emphasised that law enforcement agencies are responsible for carrying out kinetic operations against terrorism but terrorism would only be eliminated when there is justice, health, education, local government and good governance in the terrorism-affected areas. “Jo kinetic actions hai woh kaam hai fauj ka, intelligence agencies ka aur qanoon nafiz karne waley idaron ka….lekin dehshat gardi uss wakt khatam ho gi jab wahan insaf qaim ho ga, jab wahan pe taleem ho gi, sehet ho gi, intezamia ho gi, good governance ho gi.” There has to be elite consensus in the country to eliminate the illegal spectrum of terrorism through right legislation and strict action on those required laws which would not only take care of the lawlessness behind this illegal spectrum but would quickly take the country forward towards prosperity, he added. “Humein iss baat ka maloom hona chahiye ke agar is mulk ki ashrafiya iss baat par itefak pe aye ke hum iss illegal spectrum ko torein ge, woh tamam qawaneen banaein ge, un pe sakhti se action karein ge, sazaein sunain ge, jo na sirf aap ko iss illegal spectrum ke neechay chalne wali laqannoniat khatam hoti nazr aye gi, balke aap Pakistan ko bohot tezi se khush-hali ke safr pe gamzun hotay dekhein ge.

The gaps in governance are filled daily through the ultimate sacrifice of our martyrs, he emphasised. “Yeh ke jo governance mein gaps hain in mein jo khamian hain in ko rozana ki bunyad par hum apne shuhda ki qurbanion se pur kar rahey hain.”

DG ISPR also criticised the PTI government’s 2021 decision to engage in talks with the TTP in Afghanistan facilitated by the Afghan Taliban and termed it as a misguided approach with severe consequences. ^[8]

DG ISPR added that there is a clear policy in place about Afghanistan today that it is a brotherly neighbour Muslim country whose sovereignty is fully respected by Pakistan. But we want that they do not prefer khwarij and terrorists over Pakistan. Army Chief has very clearly stated that the sanctity and security of the life of each Pakistani is our top most priority. “Afghanistan ke bare mein…..aik wazih policy aml mein hai, bawajood mafadat ke, aitrazat ke, aur woh ye hai, ke Afghanistan humara brother prosi islami mulk hai, aur hum us ki khud mukhtari ka mukamal ahteram karte hain. Lekin hum ye chahte hain, ke woh khwarjion aur dehshat gardon ko Pakistan pe faukiat na dein. Army chief iss barey mein wazih taur pe keh chuke hain ke aik Pakistani ki jan aur hifazat mukadum hai.”

Commenting on Balochistan, Lt. Gen. Ahmed Sharif Chaudhry said that the ratio of socio-economic, people friendly projects in Balochistan is more than in other provinces in terms of percentage of population just so to take care of the fake narrative of deprivation there. That fake narrative is being addressed, he said. “Balochistan mein jo socio-economic projects hain, jo awam-dost projects hain tau ap dekhein un ka tunasub aap ke subon ke hisab se abadi ke lihaz se bohot ziada hai, iss liye ke ye jo masnui jhoota byanaya banaya jata hai ehsas-e-mahroomi ka, iss ko tora jae , aur uss ka parda chak ho raha hai.”

In response to a question about negotiations of PTI and establishment, DG ISPR said that the Pakistan military is a national force and does not represent a specific point of view or politics. All political leaders are equally respectable for the military. However, politics of one person or their desire for ruling the country is not above Pakistan. However, there are publicly-elected governments in each province of the federation and if they wish to hold negotiations between political parties, they can respond to this question. However, we do believe that it is a welcome development if political parties wish to resolve their differences through talks and not through violence-based politics. “Pakistani fauj qaumi fauj hai. Ye kisi khaas maktaba-e-fikr ya siasat ki numaindgi nahi karti. Hamare liye tamam siasi parties aur tamam siasi leaders qabl-e-ehtram hain. Ta’ahm koi fard-e-wahid, uss ki siasat, aur us ki iqtedar ki khwahish Pakistan se ehem nahi hai. Iss wakt jo aap ki wfaq hai aur jo aap ke subey hain wahan jamhoori aur kaseer-ul-awami hakoomatein maujood hain. Jo siasi parties ke darmian muzaqrat hain, un ke mabain muzaqrat karna aur uss pe koi jawab dena ye siasi parties ka istehqak hai. Haan hum ye zaroor samajhte hain ke ye khush-aeind baat hai ke siasat daan mil baith kar baat cheet ke zariye apne ikhtelafat ko dur karein bajae inteshari ya pur-tashadud siasat ke.”

DG ISPR also added that “I also question that if a terrorist organization is adamant on their misguided ideology and insists on imposing their narrative [on everyone], then what is there to talk about with them?” “If the solution to such problems lay in talks, then throughout the world’s history, there would have been no wars, conflicts, battles, or expeditions,” he added. ^[9]

In response to a question about indictment of Lt. Gen. (Retd.) Faiz Hameed, former DG ISI, he said that the military’s trial process works on the basis of evidence. If someone in the military uses their office for personal gain or collective agenda or political agenda, military’s system of self-accountability comes into play. May 09, 2023 riots, he added, were orchestrated through detailed planning. Those involved behind that conspiracy must be punished according to the Constitution. For each military personnel, only the State of Pakistan and Pakistan military are supreme. Any officer puts politics above the State must be made answerable. “Jo fauj ka khud ahtesabi ka nizam hai ye bara jamih hai, and it works on evidence, shwahid na ke ilzam, aur agar fauj mein koi shaks apne auhde ko kisi zati fiade ya kisi collective agenda ke liye istemal karta hai, siasi agenda ke liye istemal karta hai, tu ye khud ahtesabi ka nizam harkat mein ata hai. Aap ne may 09 ki baat ki tu ye hum pehle bhi keh chukay hain, May 09 ke peechay aik marboot mansooba bandii thi, aik marboot sazish thi, jo log bhi uss marboot sazih mein mulawis thay, un ko kefare kirdar tak pohnchana zaroori hai. Aur hamin ye maloom hona chahiye ke har fauji ke liye sirf riasat-e-Pakistan aur afwaaj-e-Pakistan mukadum hai. Pakistani fauj kisi aik khas nazariye ya party ya soch ke mukhalif hai, na hamaiti, Aur agar koi bhi officer siasat ko riasat pe mukadam rakhe ga tau usay uss ka jawab dena parey ga.”

In response to a question regarding actual number of casualties during PTI’s November 26 dharna, DG ISPR said that the dharna was carried out by the party under a conspiracy of political terrorism same of which was witnessed in 2014 dharna and other occasions including the riots of May 09, 2023. However, as Ministry of Interior had clarified earlier, military was never deployed during November 26 dharna and was only deployed inside the red zone.

DG ISPR said, “Makhsoos siasi jamat ki taraf se ki gai ye jo November ki sasizh hai, is ke peechay jo soch hai who siasi dehshat-gardi ki hai.…Jo manfi aur tashadud ki siasat hai, ye aap yaad karein ke 2014 mein jab Parliament mein, aur sarkari idaron pe aur amlak pe hamla hua, uss wakt bhi ap ne dekha, aap ne may 2022 mein bhi dekha, November 2022 mein bhi dekha, aap ne sanhya May 09 mein bhi dekha, aur usi ke tasalsal mein apn ne November 2024 mein dekha, ke use of force for political objectives. Goh ke awam ke shaoor ki waja se, ye tmam koshishein nakam huin. Aur agenda bhi nakam hon ge. Tahum in ki waja se Pakistan ki awam ke taraqi aur khushhali aur jo aur security ke andar amn ka jo safar hai us mein, aur jo asal awami masail hai un se twaja uthti hai, aur us ki opportunity cost aap aur hum sub detay hain. Iss waqaye ke barey mein 1^st December ko wiazarat-e-dakhla ne wazih ailamia jari kia jis mein unhon ne bataya tha ke Pakistan ki jo fauj hai woh is puray waqiye mein iss pu-tushadud hajoom ke sath direct contact mein nahi aai aur na hi us ko is pur-tashadud hajoom ke right control ke liye tainat kia gia tha. Fauj ki tainati sirf red zone tak mehdood thi. Aur khasusan wahaan pe dost mumalik ke ehm wufood bhi maujood thay.” ^[10]

He also condemned the dissemination of what he described as “pre-packaged social media content and fake content” aimed at creating “baseless accusations to distract from the senseless upheaval.” ^[11]

NAP Coordination Meeting

On December 3, 2024, a meeting of the Coordination Committee of the National Action Plan (NAP) was held under the chairpersonship of Federal Minister for Interior.

The meeting focused on curbing the activities of banned terrorist outfits, particularly their use of social media, and enhancing the operational capacity of law enforcement agencies (LEAs). It was emphasized that social media accounts of banned outfits will be blocked in coordination with the Pakistan Telecommunications Authority (PTA). Provinces were directed to devise strategies to stop the use of illegal SIMs. A National Fusion Centre has been established for better coordination between counterterrorism forces, especially in Balochistan and Khyber Pakhtunkhwa. Coordination between National Counter Terrorism Authority (NACTA) and provincial governments will be strengthened to streamline efforts against terrorism. NACTA reforms were announced, restoring its original role to improve its effectiveness. ^[12]

On December 19, a special meeting of Khyber-Pakhtunkhwa Apex Committee was held under Chief Minister and was attended by the Federal Minister for Interior, Corps Commander Peshawar, IGP KP, chief secretary, and other senior civil and military officials. The meeting discussed the situation in Kurram District and it was shared that challenges will remain until the bunkers are removed and weapons are collected. Both the federal and provincial governments agreed on joint actions and collaboration. Dialogue with both parties will be conducted through tribal elders. As the situation improves, roads and routes will be opened, and the supply of medicines and other essential goods to Kurram will continue. Prior to the Apex Committee meeting, Federal Interior Minister and KP Chief Minister also held a meeting to address the ongoing law and order crisis in Kurram district.^[13]

84th Formation Commanders Conference

On December 05, General Syed Asim Munir, Chief of Army Staff, presided over a 2-day 84th Formation Commanders Conference at the GHQ.

At the start of the conference, Fateha was offered for the martyrs belonging to the Armed Forces, Law Enforcement Agencies (LEAs), and civilians who sacrificed their lives for national security and sovereignty. A special mention was made of the LEA personnel who were martyred during recent protests in Islamabad.

Commanders condemned human rights violations in Indian Occupied Jammu and Kashmir, expressed solidarity with Palestinian people, condemned atrocities in Gaza and supported international legal measures to end military aggression.

A comprehensive briefing was made to the forum on the prevailing internal and external security environment. The forum reviewed the Army’s operational readiness to address evolving traditional and non-traditional threats. Conference analysed ongoing counterterrorism operations with a focus on neutralizing terrorists, their facilitators, and abettors. The forum highlighted increased attention on terrorists operating in Balochistan, particularly the BLA Majeed Brigade and highlighted concern over the use of Afghan territory by terrorists, especially those belonging to Fitna Al Khwarij. The forum urged the Afghan Interim Government to take concrete measures to prevent terrorist activities from their soil.

The forum also condemned malicious and pre-planned propaganda following the Army’s lawful deployment in Islamabad for securing key government buildings. It was emphasized that such propaganda was a deliberate attempt by certain political elements to create a rift between the public and Armed Forces.

The forum recommended the promulgation of stringent laws to curb the unethical use of freedom of expression for spreading lies and fake news. A need was identified to hold individuals and entities accountable for using misinformation for political or financial gains.

The forum reiterated commitment to socioeconomic development in Khyber Pakhtunkhwa (KP) and Balochistan and aimed at improving the well-being of resilient populations in these provinces, who continue to endure the impact of terrorism.

The forum resolved to crack down on illegal activities, including the terror-crime nexus and smuggling operations and also focused on fostering economic growth in coordination with federal and provincial governments.

The forum reaffirmed the Army’s unbiased and apolitical role in serving the nation and vowed to protect the country from internal and external threats without any political affiliation.

According to the ISPR, the forum categorically stated that attempts to use violence or divisive tactics for political or personal gains will not be tolerated.^[14]

President signs amended law regulating madrassas

On December 28, President Asif Ali Zardari signed the amended Societies Registration (Amendment) Act, 2024 passed by the Parliament on October 21, 2024 which deals with governing madrassas. Shortly after signing the bill into law, president also issued an ordinance concerning amendments to the Societies Registration Act 2024.

The law had become a bone of contention between the government and the Jamiat Ulema-e-Islam-Pakistan (JUIP). The bill was earlier returned by the President citing legal objections. His objections included potential conflict of interest arising from the registration process and expressed concerns about potential negative consequences for Pakistan’s international standing and internal stability. Registration of religious seminaries under the law would lead to the spread of sectarianism and the establishment of many seminaries in the same society would lead to deterioration of the law and order situation. President had also objected that there was a contradiction in the definition of madrassa in various provisions of the bill and under the law, madrassas as societies could be used for purposes other than education. He further added that registration of madrassas as the society may lead to a conflict of interest that may also lead to international criticism, while the approval of the bill could lead to a change in the FATF and other international organisations’ opinions and ratings of Pakistan.^[15]

The bill was part of an agreement between the government and the religio-political party, JUI-P, for supporting the 26th Constitutional Amendment. The opposition criticised the government for conceding to all demands of the JUIP. ^[16]

According to the law, seminaries that are currently in operation but have not yet been registered must complete their registration within six months of the commencement of the Societies Registration (Amendment) Act, 2024. Furthermore, any madrassa established after the commencement of the Act must register under this legislation within one year of its establishment.

Regarding registration, law further adds, “For registration of Deeni Madrasa under this Act, no Deeni Madrasa shall be required to register itself under any other law for the time being in force. Once registered under this Act, no Deeni Madrasa shall be required to be registered under any other law whatsoever for the time being enforce”.

Under this Act, every madrassa is required to submit an annual report of its educational activities to the Registrar and must have its accounts audited by an auditor and submit a copy of the audit report to the Registrar. The gazette notification also specifies that no madrassa shall teach or publish any literature that promotes militancy or spreads sectarianism or religious hatred.^[17]

Within the ordinance (applicable only to Islamabad's jurisdiction), which was promulgated shortly after the bill was signed into law, madrassas will have the discretion to register either with the Ministry of Federal Education and Professional Training or the Ministry of Industries. It says, “Those Madaris and Wafaqs already registered or desirous to register themselves directly with Directorate General of Religious Education, Ministry of Federal Education and Professional Training, shall be reckoned to have been registered and shall be dealt with accordingly under the relevant dispensations.”

The development follows the federal cabinet's December 27, 2024 approval of the tweaks to the Societies Registration Act 1860 after the government and the JUIP resolved their differences.

Religious institutions had been established under the Societies Registration Act 1860 In 2005, former dictator General Pervez Musharraf made registration of seminaries mandatory by adding Section 21 to the act. Section 21 had four clauses that pertained to registration of seminaries, annual reports of education activities, and yearly audits adding one Deeni Madressah, having more than one campus, shall need only one registration, The section also stated no seminary should promote militancy, spread sectarianism or hate speech. It was the first time a law was enacted for the compulsory registration of seminaries and the unregistered seminaries got themselves registered at the relevant deputy commissioner’s office said Qari Hanif Jalandhari, chief of Wafaqul Madaris Al-Arabia, the board of seminaries belonging to the Deobandi school of thought and also the largest seminary board. According to Qari Hanif, the clauses in the 2024 bill promote the learning of knowledge and skills among the seminaries’ students. Qari Jalandhari added besides, the seminaries under the current arrangement are required to get registered with many other departments under other laws like charity laws etc, because if the registration process is not simple, people prefer not to get registered and operate outside the ambit of law. Due to public pressure after the Army Public School (APS) massacre on December 16, 2014, discussions ensued about placing seminaries under the control of the Interior Ministry. After around three years of negotiations, on the recommendation of the seminaries, the madressas were placed under the Education Ministry through an order in 2019. However, the Societies Registration Act 2005 also remained in the field. This decision was welcomed by the joint body of religious seminaries. This administrative order also established the Directorate General of Religious Education under the Federal Education Ministry. The JUIP, at the time, did not agree with this arrangement and the current push to repeal this order through the passage of the amended law is spearheaded by the JUIP.^[18]

Court Martial Proceedings of Former DG ISI

[caption id="attachment_27059" align="aligncenter" width="1500"] Ex-spymaster arraigned for 'engaging in political activities' - Daily Times

Lt. Gen. (Retd.) Faiz Hameed, Former DG ISI[/caption]

On December 10, former DG ISI and former corps commander Lt. Gen. (Retd.) Faiz Hameed was formally indicted by a military court on three counts of engaging in political activities, violating anti-espionage laws, and abusing his authority.^[19]

The official press release of the ISPR stated that Lt. Gen. (Retd.) Faiz Hameed “has been formally arraigned on charges of engaging in political activities, violations of Official Secret Act detrimental to safety and interest of the state, misuse of authority and government resources and causing wrongful loss to a person(s).” ^[20]

Lt. Gen. (Retd.) Faiz Hameed was taken in military custody in August 2024 when proceedings of Field General Court Martial (FGCM) were initiated against him on account of “multiple instances of violation of Pakistan Army Act post retirement.” ^[21]

JCP approves Judicial Commission of Pakistan (Appointment of Judges) Rules 2024

On December 21, the Judicial Commission of Pakistan (JCP) approved the rules for regulating mechanisms for the assessment and evaluation of judges for appointments to the superior judiciary. The Judicial Commission of Pakistan (Appointment of Judges) Rules, 2024 were approved in two back-to-back sessions, presided over by the CJP. ^[22]

On December 16, proposed JCP rules were finalized by the JCP’s rules-making committee, to seek public opinion and feedback by publishing the draft rules on the Supreme Court’s website.

Rules featured any individual attempting to influence a JCP member, directly or indirectly, for nomination will be disqualified from consideration as a judge. The rules aim to replace the JCP Rules 2010. A 17-point draft outlines a transparent mechanism for appointing judges to: Supreme Court; Federal Shariat Court (FSC) and High courts. Judicial aspirants must fill two pro formats highlighting Professional skills and achievements, reported cases, education, and integrity, legal ability, efficiency, and communication skills. Appointments will adhere to the constitutional oath of office for judges, requiring: delivery of justice without fear, favour, affection, or ill will. Merit criteria includes professional qualifications, judicial work quality, integrity, independence, and other relevant factors. The commission’s secretariat will maintain records of anticipated and actual judicial vacancies. It will keep the JCP chairperson informed of these records. Chairperson will determine the required number of nominations after reviewing case pendency. For high courts and FSC, chairperson will consult with respective chief justices to determine vacancies and required expertise in specific fields of law. For High Court Judges, fair representation will be ensured between: Advocates and judicial officers. For judicial officers, seniority in service and performance will be assessed and reports on service records will be obtained from respective high courts. Appointments will ensure diversity in terms of: gender, region, religion, and expertise in specific fields of law. Evaluation of Judicial Work Quality and quantity of judgments, along with other judicial work, will be considered. Compliance with judicial ethics, including: Impartiality, objectivity, and professional temperament. Issues from prior appointments affecting fitness for confirmation will also be reviewed. Nominations for Supreme Court Judges, must ensure fair representation of all high courts. Candidates will be drawn from the five most senior judges of the high court concerned. Nominations for Chief Justice of High Courts Appointments will be made from the three most senior judges of the concerned high court. Nominees not approved by the commission can be re-nominated for future vacancies unless disqualified on grounds of: integrity, moral turpitude, or other substantive concerns. Upon receiving nominations, the secretariat will verify details through reports from: Relevant authorities, at least two civil intelligence agencies regarding nominees’ antecedents.^[23]

Security reasons behind slow internet: Federal Government

On December 16, Parliamentary Secretary for Cabinet Secretariat, Mr. Sajid Mehdi , MNA stated in the National Assembly that the government was behind the internet disruptions and social media monitoring, citing security threats as the rationale.

He stated that Pakistan needs to regulate social media and VPN usage to address these concerns, adding that 37,000 VPN users had already been registered. Mr. Mehdi emphasized that Pakistan could not allow social media to operate “unbridled” like in other countries due to the prevalent security threats. He claimed the government was “adopting a strategy” to regulate the internet but offered no detailed explanation of the measures or their implementation.^[24]

Decisions made by courts of competent jurisdiction remain valid and protected even if constitutional amendments are later declared invalid: SC

On December 19, the Supreme Court ruled that decisions made by courts of competent jurisdiction remain valid and protected even if constitutional amendments or legislation are later declared invalid.

The observation, which came to justify why the court imposed a fine of Rs. 20,000 on December 9, 2024 on an application by former CJP Jawwad S. Khawaja was made by a seven-member constitutional bench headed by Justice Aminud Din Khan.

Justice (Retd.) Khawaja’s application sought to defer hearings on intra-court appeals (ICAs) challenging the trial of civilians by military courts until the constitutional validity of the 26th Amendment was determined. But the court rejected the plea as frivolous, imposing a fine of Rs. 20,000.

In its five-page order issued, the bench expressed surprise over the argument presented by the petitioner’s counsel, describing it as lacking merit. The court said it had gone through the record and it transpired that out of the seven-member constitutional bench hearing these appeals, six judges were members of the earlier regular bench hearing the appeals since the 26th Amendment came into force on October 21, 2024.^[25]

Negotiations between the PTI and the Federal Government

On December 22, Prime Minister formed a negotiation committee comprising MPs and others from coalition parties to hold talks with the committee nominated by the PTI for the negotiations to be held under the chairpersonship of the Speaker National Assembly. ^[26] The government committee included Deputy Prime Minister and Foreign Minister Senator Ishaq Dar, the PM’s political aide Rana Sanaullah, Senator Irfan Siddiqui, PPP’s Raja Parvez Ashraf, MNA and Syed Naveed Qamar, MNA, MQM-P leader Dr. Khalid Maqbool Siddiqui, MNA, Federal Minister for Education and Professional Training; Federal Minister for Privatisation Mr. Aleem Khan; Federal Minister for Religious Affairs, Chaudhry Salik Hussain and BAP’s Sardar Khalid Magsi, MNA. The PTI’s negotiation team consists of Mr. Asad Qaiser, MNA, Sahibzada Hamid Raza, Chairman Sunni Ittehad Council, MNA and Senator Raja Nasir Abbas of the Majlis Wehdat-i-Muslimeen (MWM).

The PTI had announced its readiness for a ‘comprehensive, unconditional’ dialogue and negotiations with the federal government even though initially, all the leadership of the PTI was not on board .^{^[27]}

The negotiation committees just held one meeting after which the PTI announced Imran Khan’s decision of deadline of January 31, 2025 for the conclusion of these talks.^[28] Imran Khan also threatened to call on overseas Pakistanis to stop sending remittances if the negotiations did not yield ‘positive results’ adopting a hard-line posture making it difficult to make progress on talks.^[29]

The formation of a negotiation committee of the PTI was confirmed by Leader of the Opposition in National Assembly, Mr. Omar Ayub Khan, during a press conference, on December 8.

COAS attends Christmas celebration

On December 25, General Syed Asim Munir, Chief of Army Staff (COAS), joined the Christian community in celebrating Christmas at St. Joseph’s Catholic Cathedral Church, Rawalpindi, underscoring the spirit of inclusivity and harmony. He conveyed Christmas greetings and emphasized that Christmas serves as a profound reminder of the universal values of compassion, generosity, and goodwill principles that bind our diverse society together.

The COAS also acknowledged the remarkable contributions of Minorities and Christian community to Pakistan’s cultural, social, economic and national progress, which remain a source of pride and strength for the nation.

During the occasion, General Asim Munir also paid a solemn tribute to the founder of the nation, Quaid-e-Azam, Mr. Muhammad Ali Jinnah and highlighted that the Quaid’s visionary leadership, unwavering determination, and steadfast adherence to the principles of Faith, Unity and Discipline not only paved the way for the creation of Pakistan but also provided a timeless blueprint for nation-building.

The COAS remarked that Quaid-e-Azam’s enduring commitment to the ideals of freedom, equality, and religion tolerance continues to inspire and guide the nation in addressing contemporary challenges, from safeguarding territorial integrity to fostering internal stability.^[30]

Prime Minister’s Interactions with COAS

[caption id="attachment_27065" align="aligncenter" width="1500"]

Mr. Muhammad Shehbaz Sharif - Prime Minister, Islamic Republic of Pakistan[/caption]

Prime Minister Mian Muhammad Shahbaz Sharif and Chief of Army Staff (COAS), General Syed Asim Munir met once during December on December 17 to discuss the key security issues of the country. ^[31]

Speaker National Assembly meets Foreign Dignitaries

[caption id="attachment_27066" align="aligncenter" width="1500"]

Sardar Ayaz Sadiq - MNA, Speaker - National Assembly of Pakistan[/caption]

On December 18, Saudi Delegation Led by Dr. Abdullah bin Mohammed Bin Ibrahim Al -Shiekh, Chairman of Majlis Ash-Shura, Kingdom of Saudi Arabia called on Sardar Ayaz Sadiq, MNA, Speaker, National Assembly at the Parliament House, Islamabad.^[32]

Chairman Senate meets Foreign Dignitaries

[caption id="attachment_27067" align="aligncenter" width="1500"]

Senator Syed Yusuf Raza Gilani - Chairman, Senate of Pakistan[/caption]

On December 18, Saudi Delegation Led by Dr. Abdullah bin Mohammed Bin Ibrahim Al -Shiekh, Chairman of Majlis Ash-Shura, Kingdom of Saudi Arabia called on Chairman Senate, Syed Yousaf Raza Gilani at Parliament House, Islamabad.^[33]