This monitor is meant to identify key developments during the month on Inter-Institutional Relations in Pakistan with selected high-profile international developments included occasionally. For the purpose of this monitor, the institutions are meant to be the Legislature, Judiciary and Executive.

In this Issue:

1. Prime Minister Reviews Internal and External Security
2. Second Meeting of National Development Council
3. Prime Minister Visits NLCC and NCOC
4. Parliament passes legislation relating to FATF
5. Senate Chairman calls on Prime Minister
6. Supreme Court conveys displeasure over no response from NDMA
7. Prime Minister asks Army, NDMA to clean-up Karachi
8. Petroleum Shortage Inquiry Commission
9. IHC orders Sealing of Navy Club
10. Former Supreme Court Judge says Interference in Judiciary only possible when allowed by Judges
11. Judicial Commission Report on APS Peshawar Attack
12. Fate of Convicts of Military Courts
13. COAS Meets Foreign Dignitaries
14. Chairman Senate Standing Committee on Interior calls on COAS
15. Karachi Corps Commander Visits Central Police Office
16. Corps Commanders’ Meeting
17. Prime Minister’s Interactions with COAS
18. Coup Trial begins against former Sudanese President

Prime Minister Reviews Internal and External Security

On July 3, Prime Minister chaired, what the PMO termed “a high-level meeting to review the internal and external security situation.” Even though the meeting included Defence Minister, Chairman Joint Chiefs of Staff Committee, Chiefs of Army, Navy and Air Force, DG ISI and DG Military Operations, the meeting was not categorised as a meeting of the National Security Committee (NSC).^[1]

It must be noted that the latest meeting of the NSC was held nearly 5 months ago on March 13, 2020 ^[2] after a lag of about 7 months from August 2019. While Prime Minister Imran Khan is about to complete two years in office, he has only held 7 meetings of the crucial National Security Committee. In December 2019, Dr. Moeed W. Yusuf was appointed as Special Assistant to Prime Minister on National Security Division and Strategic Policy Planning ^[3] and it remains unclear why the important forum of NSC has not been institutionalized through its regular meetings. PMO also reported that Dr. Moeed Yusuf met with Prime Minister on July 17 although the two discussed repatriation of Pakistanis stranded overseas in the face of coronavirus pandemic. ^[4]

Second Meeting of National Development Council

On July 24, Prime Minister convened the second meeting of the National Development Council (NDC) ^[5] after nearly a gap of a year. First meeting of the NDC was held on August 8, 2019. ^[6]

According to the PMO, meeting was attended by Federal Minister including Mr. Shah Mehmood Qureshi, Mr. Asad Umar, Mr. Hammad Azhar, Mr. Ali Haider Zaidi, Mr. Omer Ayub Khan, Advisers including Dr. Hafeez Sheikh and Mr. Abdul Razak Dawood. Balochistan Chief Minister was also part of the meeting. Chief of the Army Staff, a member of the NDC, also joined the meeting in addition to Special Assistant to Prime Minister on Information and DF ISI. ^[7]

Reportedly, the session discussed development priorities for Balochistan, including communication network in remote areas, optimal utilisation of water resources, agriculture and energy, among others.

The NDC approved the setting up of the Balochistan Mineral Exploration Company. In addition, Prime Minister constituted a 3-member committee comprising Balochistan Chief Minister, Federal Minister for Planning and Development, and Adviser to Prime Minister on Finance with the task to suggest priority areas for development in Balochistan with special focus on communications, agriculture, energy and other important sectors.

The National Development Council (NDC) was formed by Prime Minister in June 2019 with many of his cabinet colleagues alongside Chief of Army Staff as its member. Terms of Reference of the NDC were notified by Federal Government as to ‘set policies and strategies for development, formulate and tailor policies to achieve accelerated economic growth, approve long term planning for national and regional connectivity and provide guidelines for regional cooperation.’ ^[8]

Creation of NDC was criticized for being antithetical to the National Economic Council (NEC) defined by Article 156 of the Constitution of Pakistan. Setting up of the NDC was also criticized for inclusion of COAS as a member in the council, which would make the Pakistan Army an official part of the government’s economic policy planning and therefore exposing the institution of military to be politically partisan and open to criticism.

Prime Minister Visits NLCC and NCOC

On July 10, Prime Minister Mr. Imran Khan visited the National Locust Control Center (NLCC) accompanied by some of his cabinet colleagues. Reportedly, Chief of Army Staff, General Qamar Javed Bajwa, was also part of the meeting while Chief Ministers of Punjab, Sindh and Khyber Pakhtunkhwa, and Chief Secretary Balochistan participated in the meeting via video link.^[9]

A few days earlier, Prime Minister also visited the National Command and Operation Centre (NCOC) where he was joined by Chief of the Army Staff and his cabinet colleagues. ^[10]

Much like the NCOC managing coronavirus pandemic, the NLCC is also being run by the Pakistan Army. Engineer-in-Chief Pakistan Army and National Coordinator NLCC, Lt. Gen. Moazzam Ijaz, briefed the meeting on locust control measures and informed that National Action Plan for Locust Control Phase-I has been completed.

According to the PMO, while at the NLCC, Prime Minister accorded in-principle approval for Phase-II of the National Action Plan for Locust Control. Prime Minister highly appreciated timely and coordinated response of federal and provincial governments, including Pakistan Army, for effectively controlling locust attack and use of indigenously developed equipment. ^[11]

Commenting on the structure and functioning of NLCC and the NCOC, renowned journalist Mr. Fahd Husain has termed the working of these two entities as examples of ‘hybrid governance’^[12] model which has brought to the fore the lack of preparedness of our system of democratic governance. While both NCOC and NLCC have taken charge of the twin challenges of coronavirus and locust threat, Mr. Husain rightly asks that in going forward, critical analyses should be carried out on key weaknesses identified both in elected leadership’s decision-making and within civilian governance structures and how these need to be rectified. While this analysis is needed for the future, little attention appears to be given to this crucial issue inside our Political Parties, Parliament, Provincial Assemblies and relevant Standing Committees.

Parliament passes legislation relating to FATF

On July 30, Parliament passed the Anti-Terrorism (Amendment) Act, 2020, and the United Nations (Security Council) Amendment Act, 2020 towards meeting the requirements of the Financial Action Task Force (FATF).^[13]

The passage of the two bills was contested by the opposition parties earlier who were demanding to amend the National Accountability Ordinance (NAO) alongside the two bills relating to FATF. Formed during July by the Honourable Speaker National Assembly, Mr. Asad Qaiser, the 25-member Parliamentary Committee on Legislative Business, chaired by Foreign Minister, Mr. Shah Mehmood Qureshi, also met to discuss drafts of these bills. Even though earlier, opposition parties had staged a walkout from the committee criticizing PTI government for not operating in good faith regarding amendments in the NAO bill, ^[14] the principal opposition parties, Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP), finally agreed to support the two bills. Speaking in the National Assembly on July 27, Foreign Minister Shah Mehmood Qureshi had said said the 35 proposals of the opposition to change the NAO were not acceptable to the PTI government.^[15]

The Parliamentary Committee on Legislative Business ^[16] includes MPs from Government and opposition parties. According to the News, at least 7 of the 25 members of the committee are facing charges by the National Accountability Bureau (NAB). ^[17] Raising the same issue on July 28, Federal Minister for Science and Technology, Chaudhry Fawad Hussain, tweeted that those MPs facing NAB cases should not be the ones discussing amendments in the NAB law in the Parliamentary Committee. He advised that it is a question of the respect of Parliament and such MPs should excuse themselves from the committee membership. ^[18]

Senate Chairman calls on Prime Minister

On July 10, Senate Chairman, Senator Muhammad Sadiq Sanjrani, called on Prime Minister Mr. Imran Khan. Reportedly Chairman Senate presented Prime Minister with a cheque of Rs. 3,215,000 contributed by Senate of Pakistan to PM’s COVID-19 Relief Fund.^[19]

Supreme Court conveys displeasure over no response from NDMA

In a July 22 hearing of the coronavirus suo motu case, Chief Justice of Pakistan, Justice Gulzar Ahmed, said that the Court has “sought details from the National Disaster Management Authority (NDMA) three times but we are yet to be provided with details.” “Should we issue a contempt of court notice to the NDMA or ask the Prime Minister to remove the organization head” ^[20] and all staff of the NDMA.^[21] “We would not allow anyone to steal money,” remarked the Chief Justice. He also remarked that it was due to rampant corruption that Pakistan was called the most corrupt country in the world. ^[22]

The Chief Justice also said to the NDMA representative that “You have received billions of rupees of funding from donor agencies but how you are utilising it, we don’t know.” “The NDMA is dealing with floods, locusts as well as importing machinery for preparing medical kits like N-95 masks, etc, but no documentary proof had been submitted to the court despite repeated directions,” remarked the Chief Justice. ^[23]

It should be noted that in a short order issued by the Supreme Court on June 25 ^[24] the NDMA was asked to explain why a private company was given special favour to import machinery for making N95 masks and why the NDMA chartered a special plane to airlift the machinery. ^[25] Commenting on the case on July 22, Chief Justice also observed that Rs 10,725,000 was given by the NDMA in cash to a company, VisionAir, in lieu of chartering a plane. He also said that even though, as per agreement, money was to be paid in dollars and online but the payment was made in cash to the company by the NDMA. ^[26]

Prime Minister asks Army, NDMA to clean-up Karachi

Taking to twitter on July 29, Prime Minister Mr. Imran Khan tweeted that he has asked the NDMA Chairman to go to Karachi immediately and start the clean up in the aftermath of the rain. ^[27] Quoting his earlier tweet, Prime Minister tweeted again, on July 30, that “I have asked the Pak army to also help in cleaning up the city.” ^[28]

Later, however, in a meeting chaired by Sindh Chief Minister, attended by Corps Commander, Chairman NDMA and others, it was jointly decided to assign the work of removal of sludge of three storm-water drains to the Frontier Works Organisation (FWO). ^[29]

Petroleum Shortage Inquiry Commission

The Federal Cabinet has formed an Inquiry Commission to ascertain the shortage of petroleum by including members from the Inter-Services Intelligence. The commission is headed by the Federal Investigation Agency (FIA) and also includes membership from the Intelligence Bureau, State Bank of Pakistan, Securities and Exchange Commission of Pakistan, Oil and Gas Regulatory Authority, Competition Commission of Pakistan, Hydrocarbon Development Institute of Pakistan and Federal Board of Revenue. ^[30]

IHC orders Sealing of Navy Club

On July 23, hearing the petition filed against the construction of the navy club and blocking of the public access to Rawal Lake, the Islamabad High Court (IHC) ordered sealing of the Navy Sailing Club and directed that the issue should be placed before the Federal Cabinet and that enforcement can not be confined to common citizens.^[31]

However, after the Federal Cabinet meeting of July 28, Federal Minister for Information, Senator Shibli Faraz, said that the issue of construction of Naval Club would be dealt with by the CDA and Small Dams Organisation of the Punjab government because “cabinet is not the forum to approve or disapprove anything.” ^[32]

The Capital Development Authority (CDA), has reportedly, maintained that the commercial building had been constructed by the Pakistan Navy without prior approval of the CDA. The CDA also informed the IHC that CDA never allotted land for construction of the club as the area is environmentally sensitive and mandatory requirements, under the Environmental Protection Act, 1997, were not complied with. The court reprimanded the CDA for having “failed in its statutory duty” and maintained that while the CDA promptly takes action against common citizens, it has been complacent in applying same standards for the “privileged and elites.” ^[33]

Earlier, the CDA had reportedly served a notice to the Pakistan Navy Sailing Club to immediately stop illegal and unauthorised construction of the club building as it is a “sheer violation of CDA [by-laws].” ^[34] Pakistan Navy, however, reportedly maintained that the sailing club has been operational since the 1990s and that it had also received a notice from the CDA in September 2019, and had informed the CDA that the construction was carried out to upgrade the facility.

By the next hearing of the Islamabad High Court on July 30, no response was submitted to the Court by the Naval authorities. Seeking a detailed reply from the Naval Chief on the issue, Chief Justice, Justice Minallah remarked that the armed forces were a well-respected institution but it should be manifested through their deeds. ^[35] The court also questioned why the CDA required seeking the opinion of the attorney general in this particular case when it never sought such an opinion in other cases such as removing small kiosks. ^[36]

Former Supreme Court Judge says Interference in Judiciary only possible when allowed by Judges

In an interview with renowned Journalist Mr. Suhail Warraich for Voice of America, Retired Justice Ijaz Ahmed Chaudhry, former judge of the Supreme Court, has said that verdict against former Prime Minister Nawaz Sharif in Panama Papers case will always be remembered as controversial like the case of Zulfikar Ali Bhutto in the 1970s.^[37]

Bohot saray supreme court ke faisly hain jin ko logon ne tasleem nahi kiya achay dil se aur unhon ne kaha ke ye faislay darust nahin hain. In mein Zulfikar Ali Bhutto ka case hai jo kab se chal raha hai.. tau yeh [verdict against Prime Minister Nawaz Sharif] bhi usi tarah ka aik faisla hai. ^[38]

Justice (Retd.) Chaudhry maintained that judicial process is interfered with only when allowed to do so. Adalaton mein madakhlat tab hoti hai jab gunjaish dee jaye. ^[39] Justice (Retd.) Chaudhry recalled an incident when a general from the Inter-Services Intelligence (ISI) called him on telephone when he, as Chief Justice of Lahore High Court, was appointing some judges. “During the phone call, he [ISI general] asked me whether we were inducting judges. I replied in the affirmative. He then asked me to appoint someone as a judge,” he said. The former judge said in return he asked the ISI general to appoint one lieutenant general at his request to which the ISI man said “it is not possible.” Justice Chaudhry said then he told the general that it was not possible for him as well.

“Aik dafa mujhe meray secretary ne yeh bataya ke ISI ke aik Jernail sahib baat karna chahtay hain. Tau mein ne kaha kara dain. Unhon ne meray se baat ki aur mujhe kaha aap judge rakh rahay hain. Mein ne kaha haanji rakh rahay hain. Tau unhon ne kaha aap falan falan aadmi ko bhi judge bana dain. Mein ne un ko kaha aap lieutenant generals banatay hain. Unhon ne kaha haan banatay hain. Tau mein ne kaha phir mera bhi aik lieutenant general bana dau. Unhon ne kaha yeh tau nahi ji ho sakta. Tau mein ne kaha yahan ham rewarian baich rahay hain?” ^[40]

Judicial Commission Report on APS Peshawar Attack

After holding months of meetings spanning over nearly 20 months, the Judicial Commission probing the 2014 Army Public School, Peshawar attack by terrorists submitted a 3,000 page report to the Supreme Court on July 9.

The single-member Commission, headed by Justice Mohammad Ibrahim Khan, was formed by the Peshawar High Court on October 12, 2018, on the orders of the Supreme Court.

Following the submission of the Commission’s report to the Supreme Court, the daily ‘Dawn’ reported that parents and other family members of martyred students of the APS attack were hoping that Supreme Court would make the report public and take action against officials whose negligence had resulted in the horrific attack costing 147 lives, including mostly young students. ^[41]

Fate of Convicts of Military Courts

The fate of those convicted by the Military Courts continues to hang in the balance as the Peshawar High Court has ordered acquittal of 196 convicted by military courts ruling that Military courts violated the Pakistan Army Act, ^[42] while the Supreme Court has suspended the Peshawar High Court (PHC) order to release them.^[43]

In a detailed judgement, Peshawar High Court has maintained that Military Courts violated the Pakistan Army Act and rules by not providing the accused with the counsel of choice, that convictions in these cases were made despite having no evidence of the accused’s involvement in terrorism, and that these convictions are based on malice in law and facts. ^[44]

The detailed judgement also states that “the way all convicts have been proceeded right from their arrest from different parts of the country, in the custody of the agencies and landing them in the Internment Centres for months/ years, are not appreciated at all for the purpose of convictions.” ^[45]

However, on July 21, a Supreme Court bench under Justice Mushir Alam summoned details of the cases against the individuals from the federal government and suspended the Peshawar High Court (PHC) order to release 196 convicts. ^[46]

COAS Meets Foreign Dignitaries

Following is the detailed of some of the meetings held by the Chief of Army Staff with foreign and national dignitaries and citizens, in addition to his other official duties:

1. On July 15, Ambassador of the Republic of Iraq, Mr. Hamid Abbas Lafta, called on Chief of Army Staff, General Qamar Javed Bajwa. ^[47] The Army Chief reportedly said that Pakistan values its brotherly relations with Iraq and also offered all possible assistance in development and security related fields. The visiting dignitary appreciated Pakistan’s continuous efforts for peace and stability in the region.^[48]
2. In a meeting with Ambassador of Italy, Mr. Andreas Ferrarese, on July 16, Chief of the Army Staff, Gen Qamar Javed Bajwa offered assistance to Italy in the fight against COVID-19. ^[49] Reportedly, the Italian Ambassador acknowledged and appreciated Pakistan’s offer of medical assistance and role in maintaining peace and stability in the region.

3. Ambassador of Qatar to Pakistan, Sheikh Saoud bin Abdulrahman Al Thani, has appreciated Pakistan’s continuous efforts for peace and stability in the region while meeting with Chief of the Army Staff, Gen Qamar Javed Bajwa, on July 22. ^[50]

4. On July 14, Chief of Army Staff interacted via a video link with a 15 years old boy, Mr. Ali Raza, who has been fighting cancer and had reportedly expressed his desire to meet COAS and join Pakistan Army. According to the ISPR, the meeting was arranged at Corps Headquarter Karachi.^[51]

Chairman Senate Standing Committee on Interior calls on COAS

In a meeting with Chief of Army Staff, Senator Abdul Rehman Malik, Chairman Senate Standing Committee on Interior, pledged support of the Senate Committee on Internal Security towards consolidating the gains achieved by Pakistan Army in bringing peace to the country. ^[52]

Senator Malik met with Army Chief on July 27 at the GHQ. Reportedly, he discussed national security issues, the situation on the Line of Control and Pakistan-Afghan trade in the meeting with COAS General Qamar Javed Bajwa.^[53] It is not very common for the chair of a parliamentary standing committee to call on the COAS.

Karachi Corps Commander Visits Central Police Office

On July 1, Corps Commander Karachi, Lieutenant General Humayun Aziz, visited Central Police Office where he was received by IG Police, Mr. Mushtaq Mahar. Reportedly, the Corps Commander also conferred certificates of appreciation to the policemen on duty and wards of shaheeds.^[54]

Corps Commanders’ Meeting

In the 233^rd meeting of the corps commanders,^[55] Chief of Army Staff, complimented efforts put in by all formations to maintain high level of combat readiness particularly in the wake of evolving regional security situation.” ^[56] The meeting was held at the GHQ on July 21.

Prime Minister’s Interactions with COAS

During July 2020, Prime Minister Mr. Imran Khan met and interacted with Chief of Army Staff, General Qamar Javed Bajwa, six times:

1. Meeting held to review security situation on July 3 ^[57]
2. Prime Minister’s visit to the NCOC on July 4 ^[58]
3. Prime Minister’s inauguration of Isolation Hospital and Infectious Treatment Centre (IHITC) on July 9 ^[59]
4. Prime Minister’s Visit to NLCC on July 10 ^[60]
5. Prime Minister’s launch of construction of Diamer-Bhasha Dam on July 15 ^[61]
6. Second meeting of the NDC held on July 24 ^[62]

Minister of Defence was only part of one of the six meetings.

Coup Trial begins against former Sudanese President

Sudan has started a trial of its former President, Mr. Omar al-Bashir for 1989 coup. International media reports that Mr. Omar al-Bashir, who has already been convicted for corruption and was forced out of power in 2019 by the Sudanese military following public protests, could face death penalty if found guilty over his role in the 1989 coup. ^[63]

Mr. Omar al-Bashir had seized power in a military coup on June 30, 1989, against the democratically elected government of Prime Minister Sadek al-Mahdi. He is accused of having plotted the coup in which the army arrested Sudan’s political leaders at the time, suspended parliament, closed the airport and announced the overthrow on the radio.

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47. ISPR (2020) H.E Mr Hamid Abbas Lafta, Ambassador of the Republic of Iraq called on General Qamar Javed Bajwa, Chief of Army Staff (COAS), today. Available at: https://www.ispr.gov.pk/press-release-detail.php?id=5778 (Accessed 5 August 2020). ↑
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60. PMO (2020) Prime Minister Imran Khan visited National Locust Control Center (NLCC) in Islamabad. Available at: https://pmo.gov.pk/press_release_detailes.php?pr_id=3528 (Accessed 14 August 2020). ↑
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