Update on The Performance of Democratic Institutions | August 2022

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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.

In this issue:

  1. ECP Order on Prohibited Funding
  2. Tragic Loss of Life in Balochistan
  3. PTI’s Efforts to Sabotage IMF Package
  4. LG Polls postponed
  5. CJP Statements
  6. IHC advises PTI Chairman to ‘rethink’ reply in contempt case
  7. Military rejects reports about TTP presence in Swat
  8. Shahbaz Gill arrest
  9. 250th Corps Commanders Conference
  10. Speaker National Assembly meets Foreign Dignitaries
  11. Chairman Senate meets Foreign Dignitaries
  12. Interactions of COAS with Foreign Dignitaries
  13. Prime Minister’s Interactions with COAS

ECP Order on Prohibited Funding

On August 02, the Election Commission of Pakistan (ECP) ruled that the Pakistan Tehreek e Insaf (PTI) knowingly and wilfully received unlawful funds from a number of foreign companies and foreign nationals and has withheld and concealed party’s financial information submitted in its annual statements of accounts from the ECP. The “grossly inaccurate and wrong” financial accounts of the party were submitted alongside certificates signed by the party chairman Mr. Imran Khan himself for five straight years from 2008-09 to 2012-13 validating that (a) no funds from any source prohibited under the law were received by the party and (b) the statements of accounts submitted by the party contained an accurate financial position of the party. [1]

The Political Parties Order, 2002 (PPO 2002) is the operative law behind the ECP order in a 7-year old case of mismanagement and misuse of party funds in the PTI. Like the erstwhile Political Parties Act (PPA) 1962 and the current Elections Act, 2017, it prohibits foreign funding of political parties and defines foreign funding received by a party as “any aid, financial or otherwise, from any government or political party of a foreign country, or any portion of its funds from foreign nationals.” Clause 6 (3) of the PPO 2002 further states that “any contribution made, directly or indirectly, by any foreign government, multi-national or domestically incorporated public or private company, firm, trade or professional association shall be prohibited and the parties may accept contributions and donations only from individuals.” Clause 6 (4) further stipulates that any contribution or donation prohibited under this Order shall be confiscated in favour of the State.

As per Article 17 (3) of the Constitution which stipulates that every political party shall account for the source of its funds in accordance with law, the PPO 2002 mandates each party to submit annual consolidated statement of its accounts alongside a certificate by party leader stating that party has not received funds from any prohibited sources and the statement is an accurate depiction of financial position of party. The PPO 2002 also states and if a party is found to receive any funding from foreign sources, the party may be dissolved and its membership disqualified provided the federal government makes a declaration to this effect which is endorsed by the Supreme Court of Pakistan.

The Federal government initiated FIA inquiry based on the order. Mr. Imran Khan refused to respond to an FIA notice which sought details of bank accounts in the prohibited funding case.[2] In a letter sent to Deputy Director FIA through his lawyer Mr. Khan maintained that the FIA does not have the authority to seek such details and that there would be legal action if the FIA did not withdraw the notice. The Islamabad High Court has also decided not to admit PTI’s petition seeking to set aside ECP decision in the prohibited funding case. [3]

Tragic Loss of Life in Balochistan

In a tragic accident, six Pakistan army personnel, including Commander XII Corps Lt General Sarfraz Ali were martyred on August 2 in a chopper crash due to bad weather. Other martyred included Pakistan Coast Guards Director General Brig. Amjad Hanif, Commander Engineers XII Corps Brig Muhammad Khalid, Maj Saeed Ahmed (pilot); Maj Muhammad Talha Manan (co-pilot); and crew chief Naik Mudassir Fayyaz. [4]

While the nation mourned the tragic loss, there was a heinous campaign on social media against the Pakistan Army. In a statement, the ISPR stated that the armed forces and families of martyred security personnel were deeply anguished over the “regretful social media campaign.” Later, in a series of tweets, President Dr. Arif Alvi wrote that there is unnecessary controversy on why he did not attend funerals of the martyred and condemned what he termed as ‘despicable tweets’ in this regard.[5]

On August 04, Lt. Gen. Asif Ghafoor was appointed as Commander 12 Corps Quetta replacing the martyred Lt Gen Sarfraz Ali.

PTI’s Efforts to Sabotage IMF Package

In audio leak that surfaced on August 29, former Finance Minister in PTI government Mr. Shaukat Tarin could be heard telling the Punjab Finance Minister Mr. Mohsin Leghari and KP’s Finance Minister, Mr. Taimur Jhagra to tell the Federal government that provinces could not post a budget surplus in the light of devastating floods. He instructed the two to draft letters on behalf of respective provincial governments that these provinces would not be able to honour their commitment of provincial surplus made in the context of Memorandum of Economic and Fiscal Policies inked between the Federal Government and the IMF. Mr. Tarin also said that Mr. Imran Khan would give the final go-ahead as to whether the letter was to be released to the IMF or would be sent to the federal government only. Subsequently, Mr. Tarin and Mr. Leghari discussed the option to release it on social media so that the IMF should know it even if they don’t send it officially to the Fund.[6]

Later, Mr. Tarin maintained that he directed the two Finance Ministers to do so on behest of his party, the PTI. The audio was termed as authentic by the PTI’s Ms. Shireen Mazari. Mr. Fawad Chaudhry said that recording of Mr. Shaukat Tarin was a “montage” but the conversation of the two provincial ministers was authentic. Mr. Fawad Chaudhry also stated that after these letters from two provincial governments, the agreement with IMF would not be possible.

Earlier, on August 26, KP Finance Minister had written already to the Federal government that the province might find it difficult to run a provincial surplus in view of the flood-related damages. [7] However, no such letter was sent by Punjab.

LG Polls postponed

On August 23, ECP postponed second phase of local government polls in nine districts of Hyderabad due to floods and displacement of people. The second phase of polls was due to take place on July 24 but it was postponed to August 28 due to heavy rains. [8]

On August 17, the Supreme Court had ordered the ECP to go ahead with the second phase of local government elections in Sindh as per the announced schedule.[9]

CJP Statements

Chief Justice of Pakistan

Hearing a petition on August 19 on amendments to the National Accountability Ordinance (NAO) filed by the PTI chairman Mr. Imran Khan, Chief Justice of Pakistan, Justice Umar Ata Bandial made some disturbing observations. He observed that he considers Parliament transitory apparently implying limitations on its legislative powers. He questioned whether the parliament could pass a “self-serving legislation” when it is in a “transitory period and the elections have to be held.” It is unclear under what article of the constitution, the CJP considers Parliament as transitory as a year of its term remains? He also did not define what he meant by ‘self-serving’ laws as almost every law passed by a legislature affects all citizens including the legislators.

The case is being heard by a three-judge bench headed by the CJP and comprises Justice Syed Mansoor Ali Shah and Justice Ijazul Ahsan. [10]

IHC advises PTI Chairman to ‘rethink’ reply in contempt case

In a significant development, the IHC on August 31 asked Mr. Khan to come back with a well thought out response in the contempt proceedings against him as the response submitted by him was ‘unsatisfactory’ and not befitting a leader of his stature.

A five-judge bench, headed by Chief Justice Athar Minallah and comprising Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri and Justice Babar Sattar had taken up the contempt case against Mr. Khan over his intimidating remarks against Additional District and Sessions Judge, Ms. Zeba Chaudhry on August 20, 2022 at a public rally in Islamabad.

The bench asked Advocate Hamid Khan, counsel for Mr. Khan, to be careful while drafting the reply that the high court was bound by the apex court convictions in contempt proceedings against PML-N leaders Mr. Talal Chaudhry, Mr. Daniyal Aziz and Mr. Nihal Hashmi in 2018 and also in a separate case against Dr. Fidaus Ashiq Awan in 2020. [11]

Military rejects reports about TTP presence in Swat

Cops Taken Hostage, Target Killings, Extortion': Taliban is Back in Pak's  Swat Valley | Exclusive

In a statement issued on August 13, the Inter-Services Public Relations has said that presence of small number of armed men on few mountain tops between Swat and Dir has been observed, located far away from population and reports about the presence of the TTP in the area are baseless. A misperception about alleged presence of large number of proscribed organisation TTP’s armed members in Swat Valley has been created on social media, said the ISPR.

The ISPR statement also added that there are individuals who sneaked in from Afghanistan to resettle in their native areas and a close watch is being maintained on their limited presence and movement in mountains. [12]

Shahbaz Gill arrest

On August 08, Mr. Shahbaz Gill, Chief of Staff of PTI Chairman Mr. Imran Khan was arrested over ‘hateful remarks’ made against the Pakistan Army in a TV programme of the ARY news. He has been charged, remanded in custody and remains incarcerated as a sessions court rejected his unconditional apology and post-arrest bail application.[13]

On August 10, as a court in Islamabad granted a two day physical remand of the PTI leader to the federal capital’s police, speaking to the media before his court appearance, Mr. Gill said that he was not ‘ashamed’ of his statements. On August 11, former federal minister Mr. Fawad Chaudhry, stated that Mr. Shahbaz Gill’s narrative was not the party’s stance and said that Mr. Gill should have chosen better words. [14]

On August 12, PEMRA revoked the operating license of ARY News after the security clearance of the channel was withdrawn by the Ministry of Interior, paving the way for the permanent closure of the TV channel. [15]

250th Corps Commanders Conference

In the 250th Corps Commanders Conference held on August 25, a review of the security situation, flood relief operation and dealing with the TTP were on the agenda of the meeting. [16]

Speaker National Assembly meets Foreign Dignitaries

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan, met and interacted with following foreign dignitaries during August 2022.

  1. President of Senate of Australian Parliament on August 24 at 65th Commonwealth Parliamentary Association (CPA) in Canada.[17]
  2. Mr. Anthony Rota, Member of Parliament for Nipissing—Timiskaming on August 25 at 65th Commonwealth Parliamentary Association (CPA) in Canada.[18]
  3. Mr. Mahinda Yapa Abeywardana, Speaker of the Sri Lankan Parliament on August 25 at 65th Commonwealth Parliamentary Association (CPA) in Canada.[19]
  4. Mr. George Furey, Speaker of the Senate of Canada on August 25 at 65th Commonwealth Parliamentary Association (CPA) in Canada. [20]
  5. Ms. Salma Zahid, Member of the Canadian Parliament & Minister of Public and Business Service Delivery for Ontario on August 27 at 65th Commonwealth Parliamentary Association (CPA) in Canada. [21]

Chairman Senate meets Foreign Dignitaries

Senator Muhammad Sadiq Sanjrani, Chairman Senate of Pakistan

Chairman Senate Senator Muhammad Sadiq Sanjrani met and interacted with following foreign dignitaries during August 2022:

  1. Ms Ruth Mukwana, Head of Section, Asia-Pacific, Caribbean, Latin America, UNOCHA, New York on August 11 at Parliament House, Islamabad. [22]
  2. Chinese Ambassador Mr. Nong Rong on August 11 at Parliament House, Islamabad. [23]
  3. Togolese Foreign Minister Mr. Prof Robert Dussey on August 11 at Parliament House, Islamabad. [24]
  4. Ambassador of Brazil, Mr. Olyntho Viera on August 12 at Parliament House, Islamabad. [25]
  5. Mr. Hamid Abbas Lafta, Ambassador of the Republic of Iraq on August 11 at Parliament House, Islamabad. [26]
  6. President of Turkish Red Crescent, Dr Kerem Kinik, on August 23 in Istanbul, Turkiye. [27]
  7. Princess Sarah Zeid, Special Advisor on Mother and Child Nutrition, World Food Program (WFP) on August 25 at Parliament House, Islamabad. [28]
  8. Canadian High Commissioner to Pakistan Ms. Wendy Gilmour and Trade Minister of the Canadian High Commission on August 29 at Parliament House, Islamabad. [29]
  9. American Consul General Mr. William K. Makaneole on August 31 at 5th Inspiring Change Conference 2022, TEXTalks International. [30]
  10. Ambassador of Qatar, H.E Sheikh Saoud Abdul Rahman Al-Thani on August 31 at Parliament House, Islamabad. [31]

Interactions of COAS with Foreign Dignitaries

General Qamar Javed Bajwa, Chief of Army Staff

General Qamar Javed Bajwa, Chief of Army Staff (COAS) met and interacted with following foreign dignitaries during August 2022:

  1. Chinese Ambassador to Pakistan on August 01 at GHQ, Rawalpindi. [32]
  2. General Sir Patrick Sanders, Chief of General Staff, British Army; Major General Duncan Capps, Commandant Royal Military Academy. General Officers met with Chief of Army Staff during his visit to the UK from August 11-13 at Royal Military Academy Sandhurst (RMAS), UK. [33]
  3. General Michael Erik Kurilla, Commander United States (US) CENTCOM on August 18 at GHQ, Rawalpindi. [34]

Prime Minister’s Interactions with COAS

PM Shahbaz Sharif meets Army Chief Gen Qamar Javed Bajwa

Prime Minister met and interacted with the Chief of Army Staff only once during the month of August 2022 on August 29. [35] Minister of Defence was present during the meeting.

References

  1. “ECP summons Imran over funding case, disqualification,” Dawn online, August 06, 2022, accessed September 03, 2022. https://www.dawn.com/news/1703497/ecp-summons-imran-over-funding-case-disqualification.

  2. Ikram Junaidi, “Imran refuses to respond to FIA notice seeking bank accounts’ details,” Dawn online, August 18, 2022, accessed September 03, 2022. https://www.dawn.com/news/1705426/imran-refuses-to-respond-to-fia-notice-seeking-bank-accounts-details.

  3. Malik Asad, “IHC ‘holds’ petition assailing ECP verdict in funding case,” Dawn online, August 19, 2022, accessed September 03, 2022. https://www.dawn.com/news/1705667/ihc-holds-petition-assailing-ecp-verdict-in-funding-case.

  4. Imran Ayub, Saleem Shahid, “Six embrace martyrdom as copter wreckage found,” Dawn online, August 03, 2022, accessed September 1, 2022. https://www.dawn.com/news/1702984/six-embrace-martyrdom-as-copter-wreckage-found.

  5. Syed Irfan Raza, “Military slams ‘regretful campaign’ in wake of chopper crash,” Dawn online, August 06, 2022, accessed September 01, 2022. https://www.dawn.com/news/1703505/military-slams-regretful-campaign-in-wake-of-chopper-crash.

  6. Ansar Abbasi, “Punjab minister warned spoiling IMF bailout will be ‘high treason’,” The News International online, August 30, 2022, accessed September 03, 2022. https://www.thenews.com.pk/print/986763-punjab-minister-warned-spoiling-imf-bailout-will-be-high-treason.

  7. Mubarak Zeb Khan, “Govt slams PTI for ‘jeopardising IMF deal,’ Dawn online, August 27, 2022, accessed September 4, 2022. https://www.dawn.com/news/1707003.

  8. Imran Ayub, “Opposition parties slam ECP decision to postpone LG elections,” Dawn online, August 25, 2022, accessed September 02, 2022. https://www.dawn.com/news/1706591/opposition-parties-slam-ecp-decision-to-postpone-lg-elections

  9. Iftikhar A. Khan, “ECP puts off LG polls in nine flood-hit districts of Hyderabad,” Dawn online, August 24, 2022, accessed September 02, 2022. https://www.dawn.com/news/1706521/ecp-puts-off-lg-polls-in-nine-flood-hit-districts-of-hyderabad.

  10. Nasir Iqbal, “Can parliament make ‘self-serving’ laws, wonders CJP,” Dawn online, August 20, 2022, accessed September 02, 2022. https://www.dawn.com/news/1705841/can-parliament-make-self-serving-laws-wonders-cjp.

  11. Syed Irfan Raza, “Imran faces terrorism charge for ‘threatening’ judge, police,” Dawn

  12. Fazal Khaliq, Iftikhar A. Khan, “Army keeping eye on ‘armed men’ in Swat, says ISPR,” Dawn online, August 14, 2022, accessed September 03, 2022. https://www.dawn.com/news/1704802/army-keeping-eye-on-armed-men-in-swat-says-ispr.

  13. “Gill’s apology, bail plea in sedition case rejected,” Dawn online, August 31, 2022, accessed September 03, 2022. https://www.dawn.com/news/1707667/gills-apology-bail-plea-in-sedition-case-rejected.

  14. Ikram Junaidi, “PTI admits to Shahbaz Gill’s ‘blunder’, stops short of ‘condemnation’,” Dawn online, August 12, 2022, accessed September 03, 2022. https://www.dawn.com/news/1704427/pti-admits-to-shahbaz-gills-blunder-stops-short-of-condemnation.

  15. Kalbe Ali, “Pemra moves against ARY News after licence revoked,” Dawn online, August 13, 2022, accessed September 03, 2022. https://www.dawn.com/news/1704589/pemra-moves-against-ary-news-after-licence-revoked.

  16. Baqir Sajjad Syed, “Army top brass hints at tougher approach against TTP,” Dawn online, August 26, 2022, accessed September 03, 2022. https://www.dawn.com/news/1706859/army-top-brass-hints-at-tougher-approach-against-ttp.

  17. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, August 24, 2022, 9: 10 pm, accessed September 03, 2022. https://twitter.com/NAofPakistan/status/1562472431201435648.

  18. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, August 25, 2022, 2: 50 pm, accessed September 03, 2022. https://twitter.com/NAofPakistan/status/1562739276378681346.

  19. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, August 25, 2022, 5: 04 pm, accessed September 03, 2022. https://twitter.com/NAofPakistan/status/1562772868517089281.

  20. George Furey @ @GeorgeFureyNL Twitter, August 25, 2022, 11: 30 pm, accessed September 03, 2022. https://twitter.com/GeorgeFureyNL/status/1562869984673812481.

  21. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, August 27, 2022, 3: 37 pm, accessed September 03, 2022. https://twitter.com/NAofPakistan/status/1563475819090964480.

  22. “CHAIRMAN SENATE, MUHAMMAD SADIQ SANJRANI EXCHANGING VIEWS WITH MS. RUTH MUKWANA, SECTION CHIEF OF ASIA-PACIFIC, CARIBBEAN, LATIN AMERICA, UNOCHA AT THE PARLIAMENT HOUSE ISLAMABAD ON AUGUST 11, 2022.,” Senate of Pakistan online, August 11, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4427.

  23. “Chairman Senate Muhammad Sadiq Sanjrani exchanging views with Chinese Ambassador Mr. Nong Rong at Parliament House Islamabad on 11th August 2022,” Senate of Pakistan online, August 11, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4425.

  24. “Foreign Minister of Togolese Mr. Prof Robert Dussey calling on Chairman Senate Muhammad Sadiq Sanjrani at Parliament House on 11th August 2022,” Senate of Pakistan online, August 11, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4424.

  25. “Chairman Senate, Muhammad Sadiq Sanjrani Exchanging views with Ambassador of Brazil Mr. Olyntho Vieira at Parliament House Islamabad,” Senate of Pakistan online, August 12, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4431.

  26. “Chairman Senate, Muhammad Sadiq Sanjrani Exchanging Views with Mr. Hamid Abbas Lafta, Ambassador of The Republic of Iraq at Parliament House Islamabad,” Senate of Pakistan online, August 17, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4440.

  27. “Chairman Senate Muhammad Sadiq Sanjrani meets President of Turkish Red Crescent, Dr Kerem Kinik in Istanbul, Turkiye, discussed the recent flood situation in Balochistan and Sindh Province,” Senate of Pakistan online, August 23, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4455.

  28. “Princess Sarah Zeid, Special Advisor on Mother and Child Nutrition, World Food Program (WFP) Calling on Chairman Senate, Muhammad Sadiq Sanjrani at Parliament House Islamabad,” Senate of Pakistan online, August 25, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4463.

  29. “Canadian High Commissioner to Pakistan Ms. Wendy Gilmour and Trade Minister of the Canadian High Commission Calling on Chairman Senate, Muhammad Sadiq Sanjrani,” Senate of Pakistan online, August 29, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4469.

  30. “Chairman Senate Muhammad Sadiq Sanjrani Addresses the 5th Inspiring Change Conference 2022, TEXTalks International.,” Senate of Pakistan online, August 31, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4476.

  31. “Ambassador Of Qatar Sheikh Saud Bin Abdulrahman Al Thani, Calling on Chairman Senate, Muhammad Sadiq Sanjrani at Parliament House Islamabad,” Senate of Pakistan online, August 31, 2022, accessed September 03, 2022. https://senate.gov.pk/en/news_content.php?id=4471.

  32. “Pakistan, Chinese armies ‘brothers in arms’: COAS,” Dawn online, August 02, 2022, accessed September 03, 2022. https://www.dawn.com/news/1702790/pakistan-chinese-armies-brothers-in-arms-coas.

  33. “General Qamar Javed Bajwa, Chief of Army Staff (COAS) was the Chief Guest on Passing out Parade of 213 Regular Commissioning Course known as Sovereign’s Parade held at Royal Military Academy Sandhurst (RMAS) UK,” ISPR online, August 12, 2022, accessed September 03, 2022. https://ispr.gov.pk/press-release-detail.php?id=6422.

  34. “US Centcom chief visits GHQ for one-on-one with Gen Bajwa,” Dawn online, August 19, 2022, accessed September 03, 2022. https://www.dawn.com/news/1705662/us-centcom-chief-visits-ghq-for-one-on-one-with-gen-bajwa.

  35. Ayaz Akbar Yousafzai, “Govt to form response centre to manage flood crisis,” Dawn online, August 30, 2022, accessed September 03, 2022. https://www.dawn.com/news/1707511/govt-to-form-response-centre-to-manage-flood-crisis.