Update on The Performance of Democratic Institutions | February 2023

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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.

  1. Scheduling of the Punjab and KP Elections
  2. PML-N Chief Organizer names names responsible for Pakistan’s present condition
  3. Revival of Apex committees
  4. Rein-in Intelligence Agencies: PTI Chairman requests President
  5. PM Appoints 7 more SAPMs
  6. PM launches austerity drive
  7. New Audio leaks
  8. New Attorney General of Pakistan
  9. No adverse remarks by the CJP on Prime Ministers: AGP
  10. Mr. Imran Khan calls for inquiry against former COAS
  11. NAB Chairman resigns
  12. Proposed legislation seeking 5 year imprisonment for ridiculing Pakistan Army pending in the Cabinet
  13. PTI Chairman again defends plan to resettle the TTP
  14. Mr. Khan granted bail in three cases
  15. Passage of Finance (Supplementary) Bill, 2023
  16. Induction, elevation process flawed in the Supreme Court: Justice (Retd.) Maqbool Baqir
  17. Bye-Elections
  18. Parliament amends ICT LG Law again
  19. PPP requests ECP to hold election of mayor in 11 union councils in Karachi
  20. Court grants bail to Senior Vice President, PTI
  21. Former General arrested for allegedly inciting Public against Institutions
  22. Former Chief of Army Staff, President and the Coup-maker passes away
  23. Chaudhry Parvez Elahi joins the PTI
  24. LHCBA elects first woman secretary
  25. Command and Staff College (CSC) Delegation calls on CJP
  26. Speaker National Assembly meets Foreign Dignitaries
  27. Chairman Senate meets Foreign Dignitaries
  28. COAS did not visit the US: ISPR
  29. Interactions of COAS with Foreign Dignitaries
  30. Prime Minister’s Interactions with COAS
  31. Demand for early election in Peru amid public protests

Scheduling of the Punjab and KP Elections

ARY NEWS

As the announcement of date and programme of elections to the Punjab and KP Assemblies after their dissolution remained in doldrums, on February 22, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial initiated suo motu proceedings seeking to determine answers to three questions mainly who has constitutional responsibility and authority to announce date for elections to provincial assemblies after dissolution; how and when this responsibility is to be discharged and Constitutional responsibilities of federation and provinces regarding holding of general elections. The 9-member bench formed and headed by the CJP initially included Justice Ijaz ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah.[1]

On February 16, a two-member bench of the Supreme Court comprising Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi, during hearing a case regarding transfer of CCPO Lahore Mr. Ghulam Mehmood Dogar, referred the matter of delay in announcement of date of Punjab Assembly election to the Chief Justice asking him to invoke suo motu proceedings on the issue.[2]

The issue had become complex as both the Governors of Punjab and Khyber Pakhtunkhwa declined to give dates for general elections for the two Provincial Assemblies, advising the ECP to consult relevant authorities and take stock of the current security and economic situation before deciding in this regard.[3]

Addressing a PTI petition on February 10, the LHC had ordered the ECP to announce the date of election to the Punjab Assembly after consultation with the Punjab Governor to ensure that polls are held not later than 90 days as per the Constitution. [4] However, Governor Punjab approached the LHC to seek clarity on the LHC order, which was pending before the LHC.

In the meantime, on February 20, President Dr Arif Alvi unilaterally announced April 9, 2023 as the date for holding general election for the Provincial Assemblies of Punjab and Khyber-Pakhtunkhwa. President, in a letter to Chief Election Commissioner (CEC) urged the ECP to issue the election programme in accordance with Section 57(2) of the Elections Act, and said that there was no impediment in invoking his power and authority to announce the date of the elections after consulting the ECP. [5]

Earlier on February 18, the ECP had responded to President Arif Alvi’s letter stating that it has no role in announcing the dates for general elections to the Provincial Assemblies, and that the ECP is aware of its constitutional obligation in this regard. The ECP’s letter also expressed disappointment with the language used by the President. The ECP’s response came 10 days after the President’s initial letter on February 8, and a day after the President wrote another letter on February 17 inviting the CEC for an urgent meeting on February 20 regarding consultations on the date of general election, which the ECP, via a letter, had declined to join stating that the matter was already sub judice.[6]

In the suo motu case taken up by the CJP, the strength of the bench became reduced from nine judges to five owing to dissent as the Supreme Court issued a written order stating that there was a lack of clarity on a matter of high constitutional importance as the CJP split a larger bench into a five-member bench to conduct suo motu proceedings. [7] It is important to note that on February 25, three parties (PPP, PML-N and JUI-P) from the ruling coalition had petitioned the Supreme Court for the formation of a full court comprising all judges except Justice Ijaz-ul-Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi.[8]

The first objection on the CJP’s suo motu from the bench came from Justice Jamal Khan Mandokhail, who, in his note, objected to suo motu notice and termed it “not justified” adding that it was not appropriate to refer the matter to the CJP for taking suo motu under Article 184(3) of the Constitution. [9]

At the beginning of the proceedings, both Justice Syed Mansoor Ali Shah and Justice Athar Minallah had raised queries regarding the motive behind the dissolutions of Provincial Assemblies. [10]

In his note, Justice Shah said that though he has not opted to recuse from the hearing, he has reservations on invoking Article 184(3) of the Constitution on this issue as the decision to recommend a suo motu to the CJP was made in a case which, had no concern with the date of election in the Punjab Assembly. He also termed it to be a case of that appears to be borne out of “unnecessary interest of the two-member Bench in the matter” in the eyes of the public. He also questioned lack of institutional response from the SC on allegations relating to alleged audio leaks incriminating Justice Naqvi and his inclusion in the bench especially when “other senior Hon’ble Judges of this Court are not included on the Bench.” [11]

Justice Yahya Afridi in his additional note said that the court should show ‘judicial restraint’ and not invoke Article 184(3) of the Constitution on the issue as it is already before the LHC which has already rendered its decision and also has a pending intra-court appeal before it on the subject. The restraint, he added, should be exercised “to avoid any adverse reflection on this Court’s judicial pre-emptive eagerness to decide.” It would also “offend the hierarchical judicial domain of the High Court” and “disturb the judicial propriety” of the High Court as under the Constitution,” he wrote. Dismissing the petitions, he added that his continuing to hear the petitions is of no avail though he added that “ I leave it to the Worthy Chief Justice to decide my retention in the present bench hearing the said petitions.” [12]

In his additional note, Justice Minallah said that the CJP’s order “does not appear to be consistent with the proceedings and the order dictated in the open Court.” He reiterated that questions regarding the constitutional legality of the dissolution of the provincial assemblies “ involve far more serious violations of fundamental rights” and the issue of date of election cannot be dealt in isolation. Adding the questions he had proposed to be included as part of the suo motu, he said that Article 184 (3) of the Constitution requires that it must be invoked, entertained and heard by a Full Court. He added that full court is also required “in order to ensure public confidence in the proceedings” and “in view the importance of the questions raised” while saying that “interpretation of Article 184(3) of the Constitution in this context, therefore, also requires interpretation.” [13]

The bench reconstituted by the CJP comprised himself, Justice Shah, Justice Munib Akhtar, Justice Mandokhail, and Justice Muhammad Ali Mazhar. Those who recused from the hearing included Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi while the CJP removed Justice Minallah and Justice Afridi from the bench. [14]

PML-N Chief Organizer names names responsible for Pakistan’s present condition

Ms. Maryam Nawaz addressing a rally in Sargodha

In a speech addressing the party’s workers convention in Sargodha on February 23, Ms. Maryam Nawaz Sharif, Chief Organizer and Senior Vice President of the PML-N named and blamed five persons as responsible for the current dismal financial situation of Pakistan. She named and showed pictures of former Chief Justices of the Supreme Court Justice (Retd.) Saqib Nisar, Justice (Retd.) Asif Saeed Khosa and former DG ISI Lt. Gen. (Retd.) Faiz Hameed. [15]

She also showed pictures of two sitting judges of the Supreme Court including Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi. [16]

She said that the former DG ISI had “appointed himself the chief of army staff” and headed this group of 5 that ruined the country economically. “Because he wanted to be [the] chief and he needed pawns. He needed a political face. Nawaz Sharif could never be that pawn […] so who did he choose? Imran Khan the watch thief.”

Revival of Apex committees

PM chairing the apex committee meeting

On February 03, Prime Minister Mr. Shehbaz Sharif chaired the first meeting of the revived Apex Committee which expressed “unflinching resolve to protect the people of Pakistan,” and agreed to adopt a uniform policy between the federation & provinces” in doing so.”[17]

Revival of the Provincial Apex Committees was decided in the National Security Committee meeting concluded on January 2. [18] Earlier, the Apex Committees had been formed in provincial capitals under the National Action Plan (NAP) in 2014 where provincial governments and relevant army commanders periodically reviewed law and order situation in a province.

On February 19, another terrorist attack took place at the Karachi Police Office where the terrorists belonging to the banned Tehreek-i-Taliban Pakistan (TTP) tried to take control of the office but were killed in hours-long combat with Pakistan’s Law Enforcement Agencies (LEAs). [19]

Prime Minister convened and chaired another meeting of the Central Apex Committee on February 24 to review the law and order situation. While appreciating the efforts of LEAs, the meeting also looked at the role of media and social media during terrorism incidents and it was decided that not only a focal person should be appointed to brief the media on terrorism incidents but also to put in place SOPs for media to avoid the spread of fake news and panic during terrorist operations and activities.[20]

Accrding to media sources, during February 2023, 11 terrorist attacks occurred across Pakistan which resulted in the loss of lives of 59 people including 11 civilians, 16 security forces personnel and 32 militants.

On February 22, spokesperson of the Foreign office said that Afghan Taliban have promised to cooperate with Pakistan government on its concerns about the presence of the TTP fighters and sanctuaries on its soil after Islamabad delivered a stark warning on the issue in Kabul. The FO issued the statement after a day-long trip by a Pakistan delegation that visited Kabul. The delegation included Defence Minister, Foreign Secretary, PM’s Special Envoy on Afghanistan, DG ISI and Pakistan’s charge d’ affaires in Afghanistan. [21]

Rein-in Intelligence Agencies: PTI Chairman requests President

Former PM, Mr. Imran Khan and President, Dr. Arif Alvi

In a letter to President of Pakistan, chairman Pakistan Tehreek e Insaf (PTI) Mr. Imran Khan conveyed an unanimously passed resolution by the party’s core and parliamentary committees requesting the President to intervene and “stop interference [of intelligence agencies] in the political process.” [22]

The letter, it was reported, included a transcript of the media talk by Khyber Pakhtunkhwa (KP) Governor where he had said that elections for KP Provincial Assembly might not be held in 90 days owing to request by tribal leaders to postpone elections, demand for a fresh census or advice by intelligence agencies to postpone elections. [23].

PM Appoints 7 more SAPMs

On February 08, Prime Minister appointed seven new Special Assistants on a pro bono basis, increasing the total number of Ministers, Ministers of State, Advisors and Special Assistants to 85, the highest number since the passage of 18th Constitutional Amendment in 2010 and the second highest ever in the history of the country. The highest number was 91 during the period of Syed Yusuf Raza Gilani as Prime Minister from 2008 to 2012.

One of the newly-appointed SAPMs, Mr. Abid Raza from PML-N reportedly declined to accept the post. Interior Minister Rana Sanaullah said that the newly-appointed SAPMs will not avail any official perks and privileges. As of February 08, [24] Federal Cabinet, Advisors, Special Assistants and Parliamentary Secretaries included 34 Federal Ministers, 7 Ministers of State, 4 Advisers, 39 SAPMs, and 38 Parliamentary Secretaries in the National Assembly.[25]

PM launches austerity drive

PM launching an austerity drive in a presser

On February 22, Prime Minister Mr. Shehbaz Sharif launched an austerity drive aimed at saving the government Rs. 200 billion a year.[26]

The measures included cabinet members forgoing their salaries, benefits, and luxury cars, and flying economy class. The move came as the government tried to secure funds worth US $ 1 billion from the International Monetary Fund (IMF) to stave off an economic meltdown amid a balance-of-payments crisis and high inflation. The government shall also be implementing a ban on the import of luxury items and official vehicles for over a year, fewer foreign visits, and a ban on cabinet members staying in five-star hotels. The government will also sell spacious houses given to government officers and open government offices at 7:30am to save electricity and gas. The armed forces will also reduce non-combat expenditure, and the government will cut the size of the federal cabinet. PM said the meeting also decided that no administrative unit, tehsil, district, division and province would be carved out anywhere in the country for the next two years.[27]

New Audio leaks

Chaudhry Parvez Elahi

On February 16, Interior Minister, Rana Sanaullah at a press conference played the audio tapes alleged to be of former CM Punjab Chaudhry Parvez Elahi and directed the FIA to register a case against and arrest him after authenticating the audio through a forensic audit. The Interior Minister also requested the Supreme Court to take steps to “prevent an irreparable loss to its credibility.”

The audio tapes are allegedly related to get the Rs460 million corruption case against Mr. Elahi’s former principal secretary Mr. Muhammad Khan Bhatti fixed before a sitting apex court judge supposedly “managed” by Mr. Elahi.

In one of the audio clips, Mr. Parvez is heard asking a man to get Mr Bhatti’s case fixed before a sitting Supreme Court judge [Justice Mazahar Naqvi]. The man then responded by saying that “he will go to Islamabad today.” “He was saying today that they’ll send [the case] to Islamabad. We will try in the process which starts after that,” the man added. The voice appearing to be that of Mr. Elahi then went on to say that the judge was “very audacious”, to which the man replied: “Yes, he is, I know (him).”

In the second audio clip a voice appearing to be that of Mr. Elahi told another man that a specific case had to be fixed for hearing before the Supreme Court judge. The other man is then heard asking whether the case had been filed, to which Mr. Elahi responded in the affirmative and then referred him to the man Mr. Elahi talked to in the previous audio for details. “It will be alright. Do not share this with anybody.” The man then talked about the case of former Lahore CCPO Mr. Ghulam Muhammad Dogar and Mr. Elahi said he would talk (manage).

In another audio, Mr. Elahi is heard talking to the judge he wanted the case to be fixed before. His voice could be heard telling the judge that he was coming to meet him. The man on the other side tried to convince him that it would not be appropriate, but Mr Elahi insisted he was close by and would be coming without protocol. He also says he will pay Salam and leave. [28]

New Attorney General of Pakistan

Mr. Shehzad Ata Elahi

On February 02, President of Pakistan approved the appointment of Barrister Shehzad Ata Elahi as the new Attorney General of Pakistan (AGP). [29]

Earlier, on December 24, 2022, President had approved the summary of nomination of Mr. Mansoor Usman Awan as the new AGP, but Mr. Awan recused himself from accepting the position. Reportedly, Mr. Awan became a victim of judicial politics as his appointment was dislike by some in the Judiciary. [30] The Supreme Court had also expressed its displeasure earlier over the Federal Government’s delay in appointing a new AGP. [31]

No adverse remarks by the CJP on Prime Ministers: AGP

Justice Umar Ata Bandial, Chief Justice of Pakistan

On February 13, the AGP, in a letter to the Law Minister, clarified that no adverse remarks were made by the Chief Justice of Pakistan (CJP) regarding the honesty of prime ministers in the country. His letter, released to the media stated that “I (AGP) was personally present in the court during these proceedings and can confirm that no such observation was made.”

The AGP letter referred to the remarks reported in the media by the CJP Bandial where he had said that “only one prime minister has come in Pakistan’s history who was considered most honest. One honest prime minister’s government was ended through 58 (2b). Article 58 (2b) was a draconian law. The court had said in 1993 that the government was [sent packing] in the wrong manner but only elections should be conducted now.” [32]

The AGP wrote that the CJP had recalled the regret expressed by the then Chief Justice of Pakistan (Justice Nasim Hassan Shah) in the 1993 case of Muhammad Nawaz Sharif versus President of Pakistan. The CJP had commented on the then-deposed prime minister (Mr Muhammad Khan Junejo) being a very good and independent man who was removed through Article 58(2)(b) of the constitution. The AGP also clarified that an incorrect version of certain observations by the CJP had been circulated on social media platforms. [33]

Following these remarks, there was uproar in the Senate session where Senators questioned the authority of the CJP in making such remarks. “Who gave him [CJP] the privilege to declare everyone from Liaquat Ali Khan to Imran Khan dishonest,” questioned Senator Irfan Siddiqui of the PML-N in the Senate taking exception to the observation by the CJP. Senator Siddiqui also wondered whether it would be acceptable if someone said the country had just one honest chief justice. He also added that neither the judiciary nor the armed forces were representatives of the people. “The parliament comprises the chosen representatives of the public and it must not be ridiculed,” he said. [34]

Mr. Imran Khan calls for inquiry against former COAS

Former PM Mr. Imran Khan and former COAS Gen. (Retd.) Qamar Javed Bajwa

On February 10, former PM Mr. Imran Khan called for an internal military inquiry into General (Retd) Qamar Javed Bajwa’s alleged involvement in the ousting of the PTI government.

In an interview with Voice of America, Mr. Khan claimed that General (now Retd.) Bajwa had admitted to being involved in his regime change. Mr. Khan also accused Gen. (Retd.) Bajwa of illegally tapping the phones of top civilian leaders during his service and peddling the narrative about the anti-Washington government in Pakistan. [35].

Mr. Khan also took a major shift from his earlier position and said in the interview that it was indeed not the United States which was behind the ouster of his government. Instead he blamed Gen. (Retd.) Bajwa for managing to convince the Americans that Mr. Khan was anti-American. He also referred to General Bajwa as a “super king” and admitted that during his tenure as Prime Minister, he felt like a puppet with Gen. (Retd.) Bajwa taking credit for all good decisions and assigning Mr. Khan’s government the blame for all bad decisions.[36]

On February 14 in a letter former PM requested President to institute an “immediate inquiry” and action against Gen. (Retd.) Bajwa for allegedly violating his oath of office multiple times and for toppling his government.[37]

On February 15, Mr. Khan, in a televised address, again accused Gen. (Retd.) Bajwa of violating his oath and going against Article 14 of the Constitution by covertly monitoring sensitive conversations. In addition, Mr. Khan accused Gen. (Retd.) Bajwa of peddling a narrative about an anti-Washington government in Pakistan and pressuring him to condemn Russia for invading Ukraine after the Russia-Ukraine war.[38]

Responding to the allegations levelled by Mr. Imran Khan, former Prime Minister Mr. Shahid Khaqan Abbasi said that the allegations levelled by the PTI chairman against former COAS were about violation of the Constitution and Mr. Khan could pursue his claims legally under Article 6 of the Constitution.[39]

NAB Chairman resigns

Mr. Aftab Sultan, former Chairman , National Accountability Bureau (NAB)

On February 21, Mr. Aftab Sultan resigned from his position as Chairman of the National Accountability Bureau (NAB), after serving for eight (8) months. In a press release issued by the NAB, outgoing NAB Chairman expressed satisfaction at upholding “his principles” and not bowing to any “pressure.” “I can neither initiate a false case nor drop an established reference merely beca­use the culprit was related to some big shot,” the press release quoted him as saying. [40]

The PMO in a press release on February 21 shared that “The Chairman National Accountability Bureau, Mr. Aftab Sultan presented his resignation to Prime Minister Muhammad Shehbaz Sharif citing personal reasons. The Prime Minister appreciated the services of Mr. Aftab Sultan and lauded his honesty and uprightness. Upon his insistence, the Prime Minister reluctantly accepted the resignation of Mr. Sultan.” [41]

During the hearing of a case relating to amendments in the NAB law, the CJP expressed dissatisfaction with the performance of the NAB as well as expressed regret over the resignation of Mr. Aftab Sultan describing him as a highly professional police officer.[42]

Proposed legislation seeking 5 year imprisonment for ridiculing Pakistan Army pending in the Cabinet

A proposed legislation by the Interior Ministry, titled the Criminal Laws Amendment Bill, 2023, which has sought up to five-year imprisonment for scandalising or ridiculing the Pakistan Army and judiciary, has faced opposition from leaders within the ruling alliance.

The amendment was placed before the Federal Cabinet in its meeting held on February 7 but it was not approved due opposition by some members compelling PM to form a cabinet committee to decide the matter.

The proposed amendment suggested inclusion of Section-500A after Section 500 of the PPC, titled ‘Intentional ridiculing or scandalising of the state institutions etc’ where the new section proposed imprisonment for a term up to five years or a fine up to Rs. 1 million or both.[43]

PTI Chairman again defends plan to resettle the TTP

On February 01, Former Prime Minister of Pakistan, Imran Khan again defended his plan to relocate thousands of fighters from the outlawed Tehreek-i-Taliban Pakistan (TTP) to the country, following the fall of Kabul in 2021.

Mr. Khan said that all stakeholders including local leaders had been taken on board regarding their resettlement in the country as the PTI government had two options: either kill all of them or reach an agreement with them and allow them to settle in the province. He further added that the returning fighters (30 to 40, 000) had many issues that needed to be resolved for peace in the province could be achieved. The process was ongoing when he was removed from power on April 09, 2023.

Mr. Khan criticized the incumbent PDM government for derailing the peace process with the proscribed TTP and said that the new government was completely clueless on how to deal with the resettlement issues, which has led to a surge in terror incidents across Pakistan.[44]

During a National assembly session on February 01, MNAs regretted Pakistan’s decision to enter into dialogue with militants and resettle them in the country during the previous PTI regime, calling it a “faulty” move which was “never endorsed” by the Parliament. [45]

On February 18, PTI leader, Dr Shireen Mazari claimed that Gen. (Retd.) Bajwa wanted to resettle such members of the TTP who were Pakistani nationals arguing that if the militants accepted the Constitution and laid down their arms, something should be done for their resettlement. Ms. Mazari also said that the PTI’s elected representatives from tribal areas opposed the suggestion but it was decided to form a committee comprising elected representatives and military officials to build a consensus and then proceed with the dialogue.[46]

Mr. Khan granted bail in three cases

Mr. Imran Khan, Chairman, PTI

On February 28, former PM Mr. Imran Khan secured bail in three cases.

Mr. Khan appeared firstly before an anti-terrorism court in connection with a case related to violence outside the ECP. In the prohibited funding case, he appeared in a banking court, while in the case regarding the attack on Mr. Mohsin Ranjha, MNA-PML-N he went to the Islamabad High Court (IHC) where the IHC Chief Justice granted him an interim bail. As he skipped the Toshakhana hearing, an additional district and sessions judge issued his non-bailable arrest warrants.[47]

In similar developments, on February 20, the LHC granted interim protective bail to Mr. Khan till March 3 in a case related to an attack on the ECP building. The PTI lawyers argued that the petitioner had falsely been implicated in the case and was assigned the role of abetment.[48] After an ultimatum by the LHC to appear before the bench by 5pm, the PTI chairman left his Zaman Park residence and took at least one hour to reach the LHC. Accompanied by hundreds of supporters gathered on the party’s call, Mr. Khan reached the LHC but continued to stay inside his vehicle inside the LHC premises. Justice Ali Baqar Najafi, who headed the division bench, had to order the SP Security to escort Mr Khan to the courtroom. The PTI lawyers said the petitioner was unable to come out of his vehicle parked inside the LHC due to massive crowd and security concerns. Subsequently, Mr Khan entered the courtroom at around 7:30pm.

On February 20, an anti-terrorism court (ATC) cleared Mr. Khan of terrorism charges related to the 2014 sit-in and remanded the case to the sessions court. The court rejected the pre-arrest bail of Mr. Khan for not attending the court’s proceedings.[49]

Passage of Finance (Supplementary) Bill, 2023

https://newsimage.radio.gov.pk/20230221/1676948132.jpg

On February 20, the National Assembly passed the Finance (Supplementary) Bill, 2023 proposing additional taxes and duties of 170 billion rupees to meet the understanding reached with the International Monetary Fund for the Extended Fund Facility.[50] The bill was passed by the Senate on February 17. [51]

Earlier, on February 14, President had refused to issue an ordinance relating to fiscal measures mandated by the International Monetary Fund (IMF) which forced the government to introduce the proposed measures as the Finance Supplementary Bill, 2023 in the Parliament.

Finance Minister Senator Ishaq Dar had called on President Arif Alvi on February 14 to apprise him about the talks with the IMF for the revival of the programme. The President appreciated the efforts of the government in negotiating an agreement with the IMF, and assured that the state of Pakistan would stand by the commitments made by the government with the IMF.[52]

Induction, elevation process flawed in the Supreme Court: Justice (Retd.) Maqbool Baqir

Justice (Retd.) Maqbool Baqir

Addressing a seminar to celebrate 1973 Constitution, former Judge of the Supreme Court Justice (Retd.) Maqbool Baqar said that the “flawed process of induction and elevation of the apex court judges was one of the factors responsible for repeated failures of the judiciary to uphold the Constitution.” [53] The flawed process of induction and elevation suffers from lack of transparency and objectivity and it is now believed in common perception that “inductions and elevations are based on favouritism and nepotism,” he added. He regretted that said that despite strong and repeated demands from the bar, civil society and majority of the members of the Judicial Commission for defining criteria for judicial appointments, no effort has been made in that direction. “Nor is a plausible reason or justification given when senior judges, despite their impeccable records, are superseded by their juniors,” he deplored.

Justice Baqar also criticised the composition of benches and assignment of cases of national significance to a select few, whose judgements as well as conduct were being widely questioned. This also affected in the public eye the “independence and legitimacy of the judiciary.” “Judicial overreach, rewriting of statutes and reading into the constitution is another matter of great concern,” he added.

Justice Baqar also said that Judiciary’s image also suffers through its “repeated failures .. to uphold the constitution and protect democracy.” This role of the Judiciary has played its part “in the country’s current political, economic and social woes.”

Bye-Elections

On February 15, the Pakistan Peoples Party (PPP) decided to stay away from the upcoming by-polls on National Assembly seats following the persuasion by other parties in the Pakistan Democratic Movements (PDM).

The PML-N had already decided not to participate in the by-polls, leaving the PPP as the only undecided party. The indecision surrounding PPP’s participation led the party to take the matter to its parliamentary board, which gave party chairperson, Mr. Bilawal Bhutto-Zardari the authority to make the appropriate decision. [54]

On February 20, the LHC suspended a decision of the ECP regarding the de-notification of 30 more MNAs of the PTI from Punjab. Issuing the interim order on petitions filed by Mr. Shafqat Mahmood and others, Justice Shahid Karim also suspended the process of by-elections in the petitioners’ constituencies.

On February 8, Justice Shahid Karim had also suspended another notification of the ECP regarding acceptance of resignations of 43 PTI MNAs. Senator Syed Ali Zafar, who represented the petitioners, argued that a three-pronged procedure prescribed by the Constitution must be followed before the Speaker can accept the resignation of any MNA.[55]

On February 24, 24 MNAs belonging to the PTI from Khyber Pakhtunkhwa also moved the Peshawar High Court (PHC) against the acceptance of their resignations by the Speaker National Assembly and their subsequent de-notification by the ECP.

Parliament amends ICT LG Law again

NA Session to be held at Parliament House in Islamabad tomorrow:

On February 08, in a further amendment in the “Islamabad Capital Territory Local Government Amendment Bill 2022” the Parliament removed the provision of direct elections of mayor and deputy mayors in the capital, Islamabad. The new amendment, which was presented by PML-N Senator Rana Maqbool Ahmad, was approved in a joint sitting. Under the new amendment, elections of mayor and deputy mayor will be held indirectly. [56]

It must be noted that earlier on February 01, President had refused to sign the same bill on the position that it would further delay the local government elections which was against democratic principles. The amendment in Section 2 of the bill had already caused the postponement of the polls that were initially scheduled for December 31, 2022. Before the bill was sent to the President, the IHC had ordered the ECP to hold by-election on December 31, 2022. However, the federal government challenged the decision, and the ECP was unable to implement it due to a lack of time and resources.[57]

PPP requests ECP to hold election of mayor in 11 union councils in Karachi

Sindh LG Polls 2nd phase: 532 PPP candidates elected unopposed

On February 20, the PPP requested the ECP to announce the schedule for early elections of the city mayor and deputy mayor in Karachi, despite 11 union committees still having to hold elections.

The PPP had emerged as the single largest party in the local government polls held on January 15, 2023, in Karachi. Senator Taj Haider, in charge of the PPP’s election cell, wrote a letter to the Chief Election Commissioner, stating that it was unfair for almost 250 members who have been elected to the House of Karachi Metropolitan Corporation to be deprived of their legitimate right to elect their Mayor.

The Jamaat-i-Islami (JI) had demanded that the ECP announce the schedule for polling in the remaining 11 union committees before the voting for Karachi mayor, in order to complete the local government electoral process and reinstate a local government in the metropolis. The JI even staged a protest sit-in outside the ECP Karachi office in February 11, 2023 to press for the same demand.[58]

Court grants bail to Senior Vice President, PTI

Mr. Fawad Chaudhry

On February 1, the Islamabad High Court (IHC) granted post-arrest bail to Mr. Fawad Chaudhry, Senior Leader, PTI in the case lodged by the Election Commission of Pakistan (ECP) for threatening the ECP chief and its members. [59]

On January 25, Mr. Fawad Chaudhry was arrested in Lahore. His arrest was widely condemned by politicians and journalists, and PTI moved a habeas corpus petition before the Lahore High Court (LHC) seeking his recovery. [60] During the hearing, the ECP counsel read out the contents of the FIR, which included charges of sedition (Section 124-A (sedition), 153-A (promoting enmity between different groups, 505 (statements conducing to public mischief), and 506 (punishment for criminal intimidation). [61]

Former General arrested for allegedly inciting Public against Institutions

Lt General (Retd) Amjad Shuaib

On February 28, Lt. Gen. (Retd.) Amjad Shuaib was arrested in Islamabad after a local court granted the custody of the accused in a case related to creating public mischief and inciting the public against institutions.

The charges against Lt. Gen. (Retd.) Shuaib were related to comments he made during a talk show on a private TV channel, where he suggested that the opposition should issue a call for government employees to boycott their legal duties. The prosecution sought a seven-day physical remand for the suspect, including voice and photogrammetric tests, but the defence counsel opposed the request, arguing that the suspect had the right to criticize the government. The civil judge noted that it was the first request for physical remand of a suspect involved in a case with non-bailable offences. PTI Chairman reacted strongly to Lt. Gen. (Retd.) Shoaib’s arrest saying democracy and freedom were being destroyed in Pakistan.[62]

Former Chief of Army Staff, President and the Coup-maker passes away

General (Retd.) Pervez Musharraf

Former military dictator General (Retd.) Pervez Musharraf passed away on February 05 at the age of 79 in Dubai.

Gen. (Retd.) had left Pakistan for medical treatment in 2016, two years after being indicted by a court for suspending the Constitution in November 2007. In December 2019, a special court sentenced him to death in a high treason case. However in January 2020, 3 judge bench of the LHC headed by Justice Syed Mazahar Ali Akbar Naqvi, and comprising Justice Mohammad Ameer Bhatti and Justice Mohammad Masood Jahangir declared unconstitutional all actions taken against Gen. (Retd.) Musharraf, including the filing of a complaint on high treason charge and the formation of a special court as well as its proceedings, leading to the abolition of the death penalty handed down to him by the trial court.[63]

As a condolence message, Prime Minister Muhammad Shehbaz Sharif tweeted that “I offer my condolences to the family of General (rtd) Pervez Musharraf. May the departed soul rest in peace!” [64] PTI Chairman and former PM Mr. Imran Khan also tweeted that “on the passing of General (Retd.) Pervez Musharraf my condolences and prayers go to his family. May Allah give them strength to bear this loss.”[65] Former Prime Minister Mr. Muhammad Nawaz Sharif simply tweeted the verse of إِنَّا ِللَّٰهِ وَإِنَّا إِلَيْهِ رَاجِعُون” (we belong to Allah, and to Him we return).[66]

His funeral was held on February 07 in Karachi and his funeral prayers were joined by Chairman Joint Chiefs of Staff Committee and former Army Chiefs including Gen. (Retd.) Qamar Javed Bajwa and Gen. (Retd.) Ashfaq Parvez Kayani. Leaders of the MQM-P including Mr. Khalid Maqbool, Mr. Mustafa Kamal and Mr. Farooq Sattar also attended the funeral prayers. [67]

Chaudhry Parvez Elahi joins the PTI

Chaudhry Parvez Elahi, former CM Punjab

On February 21, Chaudhry Parvez Elahi, senior leader, Pakistan Muslim League (PML)/former CM Punjab, joined the PTI along with 10 other former MPAs from Punjab Assembly.

After a meeting between Mr. Elahi and PTI Chairman, Mr. Imran Khan, it was decided that Mr. Elahi would become the Central President of the PTI, a position that had been vacant since 2014.

On February 14, Mr. Elahi’s membership was terminated by the PML after he made comments about merging the party with the PTI. This led to a dispute within the party, with Mr. Elahi briefly removing Chaudhry Shujaat Hussain from the party presidency and replacing him with his younger brother. However, the ECP ruled in favour of Mr. Hussain and equipped him with the power to terminate Mr. Elahi’s membership.[68]

LHCBA elects first woman secretary

Ms. Sabahat Rizvi, Secretary LHCA

On February 25, the Lahore High Court Bar Association (LHCBA) made history by electing a woman secretary for the first time since its inception in 1893.

Ms. Sabahat Rizvi bagged 4,310 votes (Ms. Rizvi’s first election) against her two male rivals to become secretary of the LHCBA in the election held for the year 2023-2024. She has been association with the Independent group, also known as Ms. Asma Jahangir group, however, a majority of the lawyers supported her beyond groupings.[69]

Command and Staff College (CSC) Delegation calls on CJP

CSC delegation with the CJP

On February 06, a delegation from the Command and Staff College (CSC), Quetta, called on the CJP Justice Umar Ata Bandial at the Supreme Court. The delegation comprised course participants from officers of the armed forces of 25 friendly countries.

The CJP gave an overview of the Constitution and briefed the delegation about trichotomy in Pakistan, the judicial system and constitutional jurisdiction of the Supreme Court and high courts.

The CJP also said that the Armed Forces in Pakistan had a constitutional role of the country’s defence and to aid civilian government, adding that in performing their duties, soldiers of all ranks have laid down their lives in the service of the country. [70]

Speaker National Assembly meets Foreign Dignitaries

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan
  1. On February 07, President of the Inter-Parliamentary Union Mr. Duarte Pacheco called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[71]
  2. On February 08, H.E. Mr. Atadjan Movlamov & Mr. Hemra Annamuhammedov from Embassy of Turkmenistan called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[72]
  3. On February 10, Raja Parvez Ashraf, Speaker, National Assembly met with Ambassador of Syria Arab Republic H.E. Ramez Alraee at the Parliament House, Islamabad.[73]
  4. On February 10, Raja Parvez Ashraf, Speaker, National Assembly met with Turkish Ambassador H.E Mr. Mehmet Pacaci at the Turkish Embassy, Islamabad .[74]
  5. On February 13, Ms. Sharmeela Rasool, UN Women Country Representative, Pakistan met with Raja Parvez Ashraf, Speaker, National Assembly at the National Convention of Women Parliamentarians in Islamabad.[75]
  6. On February 14, Mr. Adama Bictogo, Speaker of the National Assembly of Ivory Coast, met with Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[76]
  7. On February 14, All Parties Parliamentary Group on Freedom of Religion or Belief called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[77]
  8. On February 22, Ambassador of Kingdom of Saudi Arabia, Mr. Nawaf bin Said Al-Malki, called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[78]
  9. On February 28, Speaker Raja Parvez Ashraf met with Ambassador of Hungary Mr. Béla Fazekas at the meeting of Pakistan-Hungary Parliamentary Friendship Group at the Parliament House, Islamabad.[79]

Chairman Senate meets Foreign Dignitaries

Senator Muhammad Sadiq Sanjrani, Chairman Senate of Pakistan
  1. On February 02, Honorary Consul of Federal Republic of Germany, Quetta, Mir Murad Baluch, called on Senator Muhammad Sadiq Sanjrani, Chairman Senate, at the Parliament House, Islamabad.[80]
  2. On February 07, President of the Inter-Parliamentary Union Mr. Duarte Pacheco called on Senator Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[81]
  3. On February 08, Participants of First Ever Road Safety Conference met with Senator Muhammad Sadiq Sanjrani, Chairman Senate at First Ever Road Safety Conference in Islamabad.[82]
  4. On February 15, Mr. Adama Bictogo, Speaker of the National Assembly of Ivory Coast called on Senator Muhammad Sadiq Sanjrani, Chairman Senate at Parliament House, Islamabad.[83]
  5. On February 17, Ambassador of Saudi Arabia, H.E. Nawaf Bin Said Al-Malki, called on Senator Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[84]
  6. On February 21, H.E Mr. Andreas Ferrarese, the Italian Ambassador to Pakistan called on Senator Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[85]
  7. On February 28, Ambassador of Kazakhstan, H.E. Mr. Yerzhan Kistafin called on Senator Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[86]

COAS did not visit the US: ISPR

On February 9, 2023, the Inter-Services Public Relations (ISPR) stepped in to deny the rumours that the COAS was on a visit to the United States.

In a twitter statement, the ISPR stated that “there have been baseless speculations on social media that COAS is visiting USA.” It added that the “COAS is on an official visit to UK from 5th to 10th February in connection with 5th Pakistan-UK Stabilisation Conference.” [87]

Rumours had surfaced on social media that the COAS, had secretly travelled to the United States while on a visit to the United Kingdom.

Interactions of COAS with Foreign Dignitaries

General Syed Asim Munir, Chief of Army Staff

The following foreign dignitaries called on General Syed Asim Munir, Chief of Army Staff (COAS) during the month:

  1. On February 06, General Syed Asim Munir, Chief of Army Staff (COAS) met with UK Army Chief General Sir Patrick Sanders at Wilton Park in United Kingdom.[88]
  2. On February 11, General Syed Asim Munir, Chief of Army Staff (COAS) met with President Sheikh Mohamed bin Zayed Al Nahyan at Abu Dhabi’s Qasr al Shati Palace.[89]

Prime Minister’s Interactions with COAS

General Syed Asim Munir with PM, Mr. Shehbaz Sharif

Prime Minister Mr. Shahbaz Sharif, and Chief of Army Staff (COAS), General Asim Munir met four times during the month of February 2023.

  1. On February 03, PM and COAS met during the meeting of the Apex Committee at Peshawar. Defence Minister Khawaja Muhammad Asif was not present in the meeting.[90]
  2. On February 14, PM and COAS met during the multinational maritime Exercise Aman-23 organised by Pakistan Navy in Karachi. Defence Minister Khawaja Muhammad Asif was not present in the meeting.[91]
  3. On February 24, PM and COAS met at the Prime Minister House, Islamabad. Defence Minister, Khawaja Muhammad Asif was not present in the meeting.[92]
  4. On February 24, PM and COAS met during a meeting of the Central Apex Committee at Islamabad, Defence Minister, Khawaja Muhammad Asif was present in the meeting.[93]

Demand for early election in Peru amid public protests

Peruvian President Dina Boluarte

Public protests have continued across Peru as public has demanded new elections in the country. The public demand has begun since December 2022 after former left-wing President Pedro Castillo was ousted. 48 people have been reported as killed in clashes between demonstrators and security forces.

On February 02, Peruvian President Dina Boluarte put forward a new bill to bring elections forward to 2023 to calm protesters around the country. The bill has proposed holding congressional and presidential elections in October 2023 with elected officials taking power in late December 2023. Elected officials would serve a five-year term until July 2028. However, as a fractured Congress has repeatedly failed to come to an agreement after weeks of political infighting. [94]

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