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.

1. SC suspends LHC Order to maintain February 08 as Election Day
2. New Development on Trials of Civilians under Military Courts
3. Amendments to Selection Criteria for Elevation of Judges to SC and HCs
4. PTI’s battle over Electoral Symbol
5. Developments in the Cipher Case
6. COAS says he ‘supports’ repatriation of Undocumented Immigrants
7. SC takes up Presidential Reference seeking Revisit of Mr. Bhutto’s Trial
8. Mr. Nawaz Sharif’s Acquittal in Cases
9. PPP chairman accuses PML-N Leader of seeking to change 18^th Amendment
10. Former DG ISI skips Faizabad Dharna hearing
11. BYC Protestors met with teargas and water cannons by Islamabad Police
12. Detailed Judgement on Supreme Court (Practice and Procedure) Act 2023
13. COAS on Agricultural Reforms
14. COAS endorses Interfaith Harmony
15. 261st Corps Commanders’ Conference
16. Chairman Senate meets Foreign Dignitaries
17. Interactions of COAS with Foreign Dignitaries
18. Caretaker Prime Minister’s Interactions with COAS

SC suspends LHC Order to maintain February 08 as Election Day

The date earlier termed as ‘set in stone’ by the Chief Justice ^[1] encountered another issue after a Lahore High Court (LHC) decision on December 13 stayed the appointment of District Returning officers (DROs), Returning Officers (ROs) and Assistant Returning Officers (AROs) from the executive. ^[2]

However, on December 15, a Supreme Court bench headed by CJP Isa and comprising Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah suspended the LHC decision and ordered the ECP to notify the schedule of General Election to be held on February 08, 2024. ^[3]

The SC, which took up the issue hurriedly after the conclusion of its working hours, livestreamed its proceedings. The bench noted contradictions in the LHC judge’s decision, including ordering the matter before the LHC’s chief justice for a larger bench while simultaneously suspending the ECP notifications. The SC also hinted at possible contempt proceedings against the PTI’s Additional Secretary General Mr. Umair Niazi for disregarding the court’s November 3, 2023 judgment on holding elections on February 8.

Complying with the SC order, the ECP notified the election schedule on December 15.

Earlier, On December 4, the Finance Ministry had assured the ECP of releasing Rs. 17 billion for the conduct of the general elections on February 8, 2024 after the ECP had raised concerns over the delay in the release of funds. The ECP has also sought the deployment of the Army and Civil Armed Forces outside polling stations to address a shortfall of over 277,000 police personnel across the country.^[4]

New Development on Trials of Civilians under Military Courts

On December 13, a 6-member Supreme Court bench headed by Justice Sardar Tariq Masood and comprising Justice Amin-ud-Din Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Irfan Saadat Khan suspended the earlier October 23 order and allowed proceedings against May 9 suspects to continue in military courts though it barred from convicting or acquitting suspects until the Supreme Court’s final decision to come after the SC was set to resume hearing on the issue in January 2024.

The decision was a 5-1 majority decision with Justice Hilali dissenting from the majority view.^[5]

In October 2023, a 5-member Supreme Court bench comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Syed Mazahar Ali Akbar Naqvi and Justice Ayesha Malik declared that trying civilians in military courts for their alleged role in attacks on army installations in May 09 riots were ultra vires the Constitution. The bench had also emphasised that the cases of the suspects involved in the vandalism would proceed before criminal courts.^[6]

The SC verdict was challenged by the Federal Caretaker government on the grounds that under the light of the Supreme Court Practice and Procedure Act, the judgement was liable to be set aside for having been rendered without jurisdiction and thus a nullity in the eye of law. ^[7]

Amendments to Selection Criteria for Elevation of Judges to SC and HCs

On December 16, the Judicial Commission of Pakistan (JCP) agreed to amend the selection criteria for the elevation of judges to the Supreme Court and High Courts. Appointment rules for judges were earlier changed after the 18th Amendment, leading to a shift in the appointment process. Revised rules, however, are yet to be finalised and announced. ^[8]

A committee co-chaired by Justice Syed Mansoor Ali Shah and Justice (Retd.) Manzoor Ahmed Malik met to discuss the process of nominations and agreed to finalise its recommendations soon.

PTI’s battle over Electoral Symbol

The PTI received a major blow as the ECP in a verdict on December 22 decided against letting the PTI retain its ‘bat’ electoral symbol for the February 8 General Election.^[9]

The ECP voided the PTI’s intra-party elections for a second time following strict examination of the polls process. The PTI, as a result, was to suffer from the consequences of the decision that would make the PTI candidates to only contest election as independent candidates, not be bound by the rule of party discipline and the party losing seats reserved for women and non-Muslims. ^[10]

The ECP defended its decision of December 22 to disallow the electoral symbol for the PTI by stating that the PTI chose not to follow its own constitution according to which the party was to form a Federal Election Commission to hold intra-party elections. In the record submitted by the PTI, the party did not show that any competent authority had appointed the Federal Election Commission in line with the party’s own established procedure. Appointment of a single federal election commissioner was not a requirement of the PTI constitution and such an individual could not exercise any power to hold the intra-party elections in the absence of a complete commission. The earlier ECP order declaring the intra-party elections held by the PTI on June 10, 2022 to be invalid was also criticised as being ‘unprecedented’. ^[11]

The ECP also maintained that election symbols are suspended of at least 10 other political parties including the ANP on intra-party polls and other reasons. On December 21, the ECP had also rejected the ANP’s appeal seeking further time for intra-party elections. ^[12]

On December 26, the party got relief through the Peshawar High Court which suspended the ECP order. ^[13]

On December 30, the ECP filed a review plea in the PHC against its order that suspended the ECP’s declaration of PTI’s intra-party polls as void and the revocation of its election symbol.^[14]

As the process of filing of nomination papers by electoral candidates drew to a close on December 24, media aired complaints of the PTI candidates being denied their right to file nomination papers, facing obstacles and of police raids and state intimidation targeting their families. ^[15]

In report issued by the PTI on December 26, 2023 titled Widespread Pre-Poll Rigging Rattles Pakistan: Reports of Arrests, Abductions and Harassment, the party catalogued the issue encountered by the party’s head and leaders faced in submitting nomination papers by the deadline of December 24. In the report, the party complained of “yet another reprehensible display of unabashed fascism and a shameless assault on democracy,” a “disturbing and calculated campaign of pre-poll rigging aimed squarely” at the PTI candidates.^[16]

The statistics of the candidates’ nomination papers released by the ECP at the end of the period for filing nomination papers, however, indicates about 30% increase in the number of candidates for the upcoming election compared to the 2018 election.

Developments in the Cipher Case

Mr. Imran Khan, who is facing a trial alongside former Foreign Minister Makhdoom Shah Mahmood Qureshi for allegedly leaking state secrets got relief from the Supreme Court on December 22 when the court granted him and Mr. Qureshi post-arrest bail.

The bail, however, could not be utilised in the case of Mr. Khan who is arrested also in Toshakhana and Al-Qadir Trust cases but it has since been denied to Mr. Qureshi who was manhandled in front of media by police officials and was re-arrested outside the Adiala Jail after his release. ^[17]

A Supreme Court bench chaired by Justice Sardar Tariq Masood and comprising Justices Athar Minallah and Syed Mansoor Ali Shah said that the court found “no sufficient incriminating material available at this stage” and was “of the tentative opinion that there are no reasonable grounds for believing, at this stage, that the petitioners have committed the offence” punishable under Section 5(3) of the Official Secrets Act.” ^[18]

Mr. Khan and Mr. Qureshi were indicted on December 13 by the Special Court (Official Secrets Act) in the cipher case.^[19]

On December 28, the Islamabad High Court (IHC) also issued a stay order against the special court handling the cipher case until January 11, 2024 due to irregularities in the in-camera trial.^[20]

COAS says he ‘supports’ repatriation of Undocumented Immigrants

During his visit to Peshawar on December 7, Chief of the Army Staff General Syed Asim Munir expressed his support for what he termed as the government’s decision to repatriate undocumented immigrants.

According to a statement released by the ISPR, the COAS said that “illegal foreigners are seriously affecting Pakistan’s security and economy. The decision to repatriate them has been taken by the government in the interest of Pakistan,” He also emphasised that illegal foreigners were being repatriated to their countries “in a humane and dignified manner as per the established norms.” ^[21]

On December 17, Caretaker Prime Minister Mr. Anwaar-ul-Haq Kakar wrote in a comment published by The Telegraph, UK stating that Pakistan’s migrant burden was “far larger than Britain’s” and that Pakistan had “every right to do something about it.” He also seemed to liken the deportation of Afghans to the UK’s much-criticised Rwanda plan and wrote that the “heated debate surrounding the [Rwanda] proposal and the many efforts to derail the scheme illustrate the huge challenges for policymakers as they seek to balance human rights with hard realities.”^[22]

SC takes up Presidential Reference seeking Revisit of Mr. Bhutto’s Trial

On December 12, the Supreme Court of Pakistan took up the presidential reference seeking a revisit of the trial of former Prime Minister Mr. Zulfikar Ali Bhutto. The presidential reference was filed in 2011 by then-President Mr. Asif Ali Zardari seeking the SC’s opinion on revisiting the trial of Mr. Bhutto. ^[23]

The nine-member bench headed by the CJP includes Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali.

The proceedings were broadcast live and the CJP expressed regret over the delay in fixing the presidential reference noting it as the oldest pending reference.

The appointed advisers include ex-Attorney General Mr. Khalid Jawed Khan, Barrister Salahuddin Ahmed, Mr. Salman Safdar, Khawaja Haris, and Mr. Faisal Siddiqi. Existing advisers Makhdoom Ali Khan and Mr. Ali Ahmed Kurd also expressed their willingness to continue assisting the bench. However, lawyers representing the PPP objected to the appointment of advocates Safdar and Siddiqi as the court’s advisers though the objection was rejected by the SC. ^[24]

Mr. Nawaz Sharif’s Acquittal in Cases

Mr. Nawaz Sharif, who was disqualified from holding public office in 2007 and was sentenced in the Avenfield apartment and Al-Azizia Steel mill cases, received his final acquittal in the Al-Azizia case which was declared void by the IHC on December 12.

The IHC in the Al-Azizia case observed that the trial court convicted Mr. Sharif on “evidence based on photocopies.” The NAB requested a re-trial citing the removal of the late accountability judge Arshad Malik for misconduct. However, the IHC rejected NAB’s request.^[25]

With the passage of amendment in Section 232 of the Elections Act by the Parliament which has fixed the period of disqualification to five years, he appears close to materializing the plans to contest the upcoming General Election and hold public office if elected as he awaits the SC judgement on the issue. ^[26]

On December 11, the SC referred an electoral disqualification dispute to the three-judge committee constituted under the Supreme Court (Practice and Procedure) Act 2023. The committee will form a larger bench to determine whether aspirants disqualified under Article 62(1)(f) could contest polls in light of the amendments in the Elections Act 2017.^[27]

PPP chairman accuses PML-N Leader of seeking to change 18^th Amendment

While addressing a workers convention in Kohat on December 10, Mr. Bilawal Bhutto Zardari accused Mr. Nawaz Sharif and his associates of attempting to tamper with the 1973 Constitution by seeking to change the 18th Amendment and denying a fair share in the NFC award to the smaller provinces. He said that the 18th Amendment and the NFC award were gifts given by the PPP and anyone attempting to touch them would face stiff resistance from the party.^[28]

Former DG ISI skips Faizabad Dharna hearing

On December 29, former Director General (DG) Inter-Services Intelligence (ISI) Lt. Gen. (Retd.) Faiz Hamid skipped the hearing of the Faizabad Dharna Inquiry Commission (FDIC) for the second time in December 2023. The commission has issued another summon notice, ordering him to cooperate in the inquiry related to the Tehreek-e-Labbaik Pakistan’s (TLP) sit-in at the Faizabad flyover in Islamabad in November 2017. ^[29]

The commission had earlier sought and received responses from former Prime Minister Mr. Shahid Khaqan Abbasi and former Interior Minister Mr. Ahsan Iqbal, among others.

On December 15, the SC also decided to issue notices to former DG ISI and former IHC CJ Mr. Muhammad Anwar Kansi and others in connection with a case related to the removal of former IHC Judge Mr. Shaukat Aziz Siddiqui. ^[30]

BYC Protestors met with teargas and water cannons by Islamabad Police

Protesters from the Baloch Yakjehti Council (BYC) including Baloch men, women and children who began their march from Turbat, Balochistan to Islamabad protesting against alleged extrajudicial killings, were met with brutality from the Islamabad police which unleashed water cannons and teargas shells to disperse them. The police also rounded up dozens of protesters. ^[31]

Bail was only granted to over 200 detainees after the brutality meted out to the protestors was strongly condemned by human rights organisations, politicians, the IHC, President Dr Arif Alvi and caretaker Prime Minister Anwaarul Haq Kakar and analysts. ^[32]

In its latest protest march, the BYC has been demanding the release of missing persons and an end to alleged extrajudicial killings in Balochistan.

Bracing the bitter-cold of Islamabad without any shelter or support, the BYC, on December 28, issued a seven-day ultimatum to the government to meet all its demands or the movement would put forth its case before the Baloch people.^[33]

Detailed Judgement on Supreme Court (Practice and Procedure) Act 2023

Releasing its detailed judgement on the Supreme Court (Practice and Procedure) Act 2023 on December 27, the Supreme Court declared that the CJP is not the master of the roster and cannot substitute his wisdom with that of the Constitution, nor can his opinion prevail over other judges.

The Supreme Court upheld the constitutionality of the Supreme Court (Practice and Procedure) Act 2023 enacted by the Parliament on the grounds that it does not infringe any fundamental rights and facilitates their enforcement.

In a 22-page judgement authored by the CJP, it was emphasized that the Constitution empowers the Parliament to legislate on the practice and procedure of the Supreme Court under Article 191 but the appeal provided against a decision under Article 184(3) of the Constitution would not be applicable with retrospective effect. ^[34]

COAS on Agricultural Reforms

On December 29, COAS General Syed Asim Munir reiterated the ‘commitment to steer Pakistan out of crises through agricultural reforms.’

Speaking at the National Farmers Convention in Islamabad, General Munir said that the green Pakistan initiative prioritizes the agricultural sector and highlighted the country’s abundant natural resources.

He also pledged to eradicate all forms of mafias in the country with the support of the people.^[35]

COAS endorses Interfaith Harmony

In a statement, the ISPR said that the COAS stressed on the need for greater interfaith harmony in society, aligning with the vision of a united and progressive Pakistan as envisioned by the founder and quoted Jinnah’s historic remarks from his August 11, 1947 speech, underscoring the importance of freedom of worship for all citizens of Pakistan, regardless of their faith.

He also said that Islam teaches values of peace, friendship, and interfaith harmony, emphasizing these principles as crucial in the current context.^[36]

261st Corps Commanders’ Conference

According to the ISPR, the Pakistan Army reiterated its resolve to defend the sovereignty and territorial integrity of the country against both direct and indirect threats and expressed serious concern over continued human rights violations by Indian military forces in the Indian Illegally Occupied Jammu and Kashmir (IIOJK) and affirmed its commitment to support the Kashmiris politically, morally, and diplomatically in line with international law and relevant UNSC resolutions.

The forum also expressed full solidarity with the people of Palestine and condemned human rights violations and war crimes in Gaza. The ISPR stated that the CCC reiterated the government’s stance, demanding an immediate ceasefire in Gaza and a peaceful resolution to the ongoing conflict.

The conference also reaffirmed support for ongoing efforts to promote socioeconomic growth and encourage foreign investment under the Special Investment Facilitation Council (SIFC).

A holistic review was conducted on actions taken against smuggling, money laundering, power theft, hoarding of essential items, and other illegal economic activities. Additionally, necessary support was assured for the forthcoming general elections to the ECP.^[37]

Chairman Senate meets Foreign Dignitaries

1. On December 05, Ambassador of Jordan to Pakistan, H.E Maen Khreisat called on Chairman Senate Muhammad Sadiq Sanjrani at the Parliament House, Islamabad.^[38]
2. On December 05, Ambassador of Iraq to Pakistan, Hamid Abbas Lafta called on Chairman Senate Muhammad Sadiq Sanjrani at the Parliament House, Islamabad.^[39]
3. On December 06, Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, held a meeting with Mr. Mohammed Hussein Mohammed Bahr-aluloom, the Undersecretary of the Iraqi Ministry of Foreign Affairs, along with senior officials of the Iraqi Parliament in Baghdad, Iraq.^[40]
4. On December 06, Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, held a meeting with the acting Speaker of the Iraqi Parliament, Mohsen Al-Mandalawi in Baghdad, Iraq.^[41]
5. On December 07, Iraqi Member of Parliament, Abdul Hadi Al-Hasnawi received and hosted a reception in honor of Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, and his accompanying delegation in Najaf, Iraq.^[42]
6. On December 11, A high-level delegation from Pakistan, led by Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, convened in Abu Dhabi for a meeting with H.E. Mr. Saqr Ghobash, the Speaker of the Federal National Council of the United Arab Emirates.^[43]
7. On December 18, Chairman Senate Muhammad Sadiq Sanjrani paid a visit to the Kuwait Embassy in Islamabad and met with Kuwaiti Ambassador to convey condolences on the passing away of the esteemed Emir Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah.^[44]

Interactions of COAS with Foreign Dignitaries

During December 2023, there were seven meetings of General Syed Asim Munir, Chief of Army Staff (COAS) with foreign dignitaries:

1. On December 15, COAS called on key (5 meetings) US Government and Military officials during his visit to the US including with Antony J. Blinken, Secretary of State, General Llyod J. Austin (Retired), Secretary of Defence, Ms. Victoria Nuland, Deputy Secretary of State, Mr. Jonathan Finer, Deputy National Security Adviser and General Charles Q Brown, Chairman of Joint Chiefs of Staff.^[45]
2. On December 19, General Syed Asim Munir, NI (M), COAS called on General Michael Erik Kurilla, Commander United States Central Command, during visit to Headquarters Central Command at Tampa Bay, Florida, United States of America.^[46]
3. On December 20, General Syed Asim Munir, NI (M), COAS engaged in a candid discourse with members of prominent US think tanks and media.^[47]

Caretaker Prime Minister’s Interactions with COAS

1. Caretaker Prime Minister Mr. Anwar ul Haq Kakar and Chief of Army Staff (COAS), General Syed Asim Munir met once during December 2023 at the National Farmers Convention held in Islamabad on December 29, 2023. ^[48]
   

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42. “Iraqi MP Abdul Hadi Al-Hasnawi Welcomes Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani in Najaf,” Senate of Pakistan online, December 07, 2023, accessed December 28, 2023. https://www.senate.gov.pk/en/news_content.php?id=NTI5MQ== ↑

43. “Chairman Senate of Pakistan and Federal National Council of UAE Speaker Foster Closer Ties, Address Key Issues in Abu Dhabi Talks,” Senate of Pakistan online, December 11, 2023, accessed December 28, 2023. https://www.senate.gov.pk/en/news_content.php?id=NTI5Nw== ↑

44. “Senate Delegation Visits Kuwait Embassy to Extend Condolences on the Passing of Emir Sheikh Nawaf Al-Ahmad Al-Jaber Al-Sabah,” Senate of Pakistan online, December 18, 2023, accessed December 28, 2023. https://www.senate.gov.pk/en/news_content.php?id=NTMwNg== ↑

45. “General Syed Asim Munir, NI (M), COAS called on key US Government and Military officials during his ongoing visit to US including, Antony J. Blinken, Secretary of State, General Llyod J. Austin (Retired), Secretary of Defence, Victoria Nuland, Deputy Secretary of State, Jonathan Finer, Deputy National Security Adviser and General Charles Q Brown, Chairman of Joint Chiefs of Staff,” ISPR online, December 15, 2023, accessed December 28, 2023. https://ispr.gov.pk/press-release-detail?id=6697. ↑

46. “General Syed Asim Munir, NI (M), COAS called on General Michael Erik Kurilla, Commander United States Central Command during visit to Headquarters Central Command at Tampa Bay, Florida,” ISPR online, December 19, 2023, accessed December 28, 2023. https://ispr.gov.pk/press-release-detail?id=6700 ↑

47. “General Syed Asim Munir, NI (M), COAS engaged in a candid discourse with members of prominent US think tanks and media.” ISPR online, December 20, 2023, accessed December 28, 2023. https://ispr.gov.pk/press-release-detail?id=6701. ↑

48. “National Farmers Convention: COAS Vows To Steer Country Out Of Crises,” PTV World online, December 29, 2023, accessed December 30, 2023. https://ptv.com.pk/ptvWorld/engNewsDetail/55088. ↑

 

 

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