Update on The Performance of Democratic Institutions | January 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. Dissolution of Punjab and KP Provincial Assemblies
  2. Merger of MQM Factions
  3. President denies assent to ICT Local Government Amendment Act
  4. Case of ECP Removal of PTI chairman as party head
  5. Local Government Polls in Karachi and Hyderabad
  6. Imran Khan reveals his government planned to resettle banned TTP in tribal districts
  7. Social media to be blamed for ‘misunderstandings’ between Khan and Bajwa: President
  8. PTI leader Arrested on threatening ECP
  9. Zardari’s legal notice to PTI Chairman
  10. Delay in launch of Pakistan’s first-ever digital census
  11. National Assembly (NA) Speaker accepts resignations of 35 and 43 more PTI MNAs
  12. Chaudhry Shujaat Hussain wins a legal battle over the PML presidency
  13. 255th Corps Commanders Conference
  14. Speaker National Assembly meets Foreign Dignitaries
  15. Chairman Senate meets Foreign Dignitaries
  16. COAS meets Foreign Dignitaries
  17. Prime Minister’s Interactions with COAS
  18. Brazil’s President sacks Army chief

Dissolution of Punjab and KP Provincial Assemblies

Chief Ministers of Punjab and Khyber Pakhtunkhwa dissolved the two Provincial Assemblies on January 12 [1] and January 17 [2] respectively gripping the country into addressing a critical question of whether to hold simultaneous general elections or staggered elections to fulfil the constitutional requirement of electing two provincial assemblies within 90 days of their dissolution.

Governor of Punjab, Mr. Muhammad Baligh-ur-Rehman refused to sign the Chief Minister’s advice. He tweeted that he decided not to become part of the process leading to the dissolution of Punjab Assembly. “I would rather let the Constitution and law take its own course. Doing so will not hamper any legal process as Constitution clearly provides a way forward.”[3]

However, Governor Khyber Pakhtunkhwa Haji Ghulam Ali signed the summary for dissolution of the KP Assembly and a gazette notification to this effect was also issued.[4]

The outgoing CM and leader of the opposition in KP had agreed on Mr. Mohammad Azam Khan as Caretaker Chief Minister based on their consultation who took oath on January 21. [5] However, as the consensus was not reached in Punjab, the decision had to be taken by the ECP and Syed Mohsin Raza Naqvi was administered oath of the office of Caretaker Chief Minister Punjab on January 22.[6]

Merger of MQM Factions

On January 12, various factions of Muttahida Quami Movement (MQM) merged to form a new version of the party. [7] These factions included MQM-P, Pak Sarzameen Party, and MQM Restoration Committee.[8]

Despite assurances by the outgoing Army Chief on the institutional decision of non-interference in politics since February 2021, it is widely believed that the merger was facilitated by the military establishment. In its editorial on January 2, Dawn wrote that “it seems that the establishment is cobbling together these disparate [MQM] elements to create a reunified Muttahida, though apparently minus Altaf Hussain. Leading this mission is Sindh Governor Kamran Tessori, a recent, lateral entrant in the MQM ranks, who has been busy trying to bring the factions back together.”[9]

President denies assent to ICT Local Government Amendment Act

President Dr. Arif Alvi refused to give his assent to The Islamabad Capital Territory Local Government (Amendment) Act, 2023 [10] which changed existing 101 Union Councils in the ICT to 125 Union Councils while also allowing for the Federal Government, upon the recommendations of the Ministry of Interior, to change this number from time to time. The bill was hurriedly passed by the National Assembly on December 22 and the Senate on December 23 apparently only to delay the LG elections scheduled to be held in the Islamabad Capital Territory (ICT) on December 31, 2022.[11]

President has returned unsigned the bill observing it would further delay the local government elections, it was announced on twitter. [12] “Actions of the Federal Government taken in hurry resulted in delaying election process twice, which was anathema to democracy,” the Presidency tweeted. [13]

It must be noted that if the President denies assent to a bill passed by the Parliament, his assent is deemed to have been given within 10 days. It is not the first time that President Dr. Arif Alvi has returned a bill passed by the Parliament without his assent. Since the change of government on April 10, 2022, he has returned unsigned amendments in the NAB law, The National Accountability (Second Amendment) Act, 2022 (Act No.XVI of 2022), The Elections (Amendment) Act, 2022 (Act No. X of 2022) and [14] The Pakistan Institute of Medical Sciences (PIMS) Act, 2023 (Act No.I of 2023).[15]

The ICT local government elections scheduled to be held on December 31, 2022 could not be held. On December 30, Islamabad High Court bench had ordered the Election Commission of Pakistan to hold the polls, but the federal government challenged the decision and the ECP couldn’t implement it due to a lack of time and resources.

Case of ECP Removal of PTI chairman as party head

ECP summons Imran Khan for violating code of conduct in Kurram

On January 06, the Election Commission of Pakistan (ECP) summoned former Prime Minister Imran Khan to appear on January 11, 2023 to explain why he continues to hold the chairmanship of Pakistan Tehreek e Insaf (PTI) even after his disqualification in the Toshakhana case. Mr. Khan failed to appear before the court on the said date. The ECP cited that Mr Imran Khan is disqualified from holding the post of chairman of a political party under Article 63(1)(p) of the Constitution of Pakistan.

The PTI has reacted to the development, stating that the law (According to Section 5(1) of the now defunct Political Parties Order (PPO), 2002) does not prevent a convict from becoming an office-bearer of a political party. The Supreme Court of Pakistan had previously ruled in 2018 that a person disqualified under Articles 62 and 63 of the Constitution cannot head a political party, which led to the removal of Mr. Nawaz Sharif as head of the PML-N. On January 09, A local court in Islamabad also issued summons for Imran Khan in the same case.[16]

On January 09, a Banking court in Islamabad once again issued summons for the PTI Chairman after he skipped the hearing of an ECP reference on Toshakhana gifts.[17]

On January 11, Justice Jawad Hassan of Lahore High Court (LHC) proposed to the chief justice that a larger bench should decide a petition filed by the PTI Chairman against the proceedings of the ECP to remove him from heading the PTI.[18]

On January 17, Chief Justice LHC Justice Muhammad Ameer Bhatti constituted a five-member larger bench to decide the petition filed by the PTI Chairman Imran Khan against the proceedings of the ECP to debar him from heading his party.[19]

Local Government Polls in Karachi and Hyderabad

On January 15, local government elections in 16 districts of Karachi and Hyderabad were disputed by three major political parties: Pakistan Peoples Party (PPP), Jamaat-i-Islami (JI), and Pakistan Tehreek e insaf (PTI). The PPP emerged as the largest winner with 93 seats while the JI came second with 86 seats. The PTI came in third with 40 seats. The JI chief Hafiz Naeem ur Rehman accused the PPP of tampering with the results and staged nationwide protests. The PTI also accused PPP, the provincial administration, and the ECP of wrongdoing. The PPP accused the PTI of sabotaging the election.

On January 19, the PPP renewed its offer of an alliance with the JI for the mayor election, but the JI demanded “fair results first.” [20] The PTI rejected the results and asked the ECP to declare them null and void. On January 25, Chief Election Commissioner, Mr. Sikander Sultan Raja vowed to rectify any irregularities in the election results [21] and heard the case (on the complaint of JI) of irregularities in six union committees of Karachi. On January 27, Sindh Government questioned the role of the ECP and its move to withhold the election results of six union committees on a complaint of its rival JI which claimed to have documentary evidence of rigging.[22]

Earlier, on January 11, the Pakistan Army declined a request from the ECP to deploy troops outside polling stations during the local government elections in Karachi and Hyderabad on January 15, 2023. Ministry of Interior informed the ECP that the Provincial Home Departments are responsible for providing troops for security at polling stations and that the Army can only provide Quick Reaction Forces if needed. The ECP had categorized 8,924 polling stations as either sensitive or most sensitive and had requested additional deployment of the Army and Rangers.[23]

Imran Khan reveals his government planned to resettle banned TTP in tribal districts

As the country faces fresh wave of terrorism incidents resulting in loss of precious Pakistani lives since December 2022 claimed to be carried out by the banned TTP, former PM, Mr. Imran Khan revealed that his government had planned to resettle fighters of the banned TTP in Pakistan’s tribal districts with the help of the Afghan Taliban. However, he added, the plan was blocked due to lack of cooperation from the provinces as Sindh and Balochistan refused to give 3% of their respective NFC shares for the uplift of tribal districts and the federal government stopped cooperation after the PTI’s ouster. He also said that the current government was unwilling to follow the commitments made by the previous (Mr. Khan’s) regime, and despite agreement among all political parties, no resources were provided for the rehabilitation of TTP fighters and their families.[24]

On January 30, a suicide blast killed more than 100 people and injured around 300 to 400 people in a mosque next to Police lines in Peshawar. Reports indicated a part of the mosque was heavily damaged due to the explosion and several people were believed to be under it, resulting in higher casualties.

The TTP initially claimed responsibility for the attack. [25] However, it later distanced itself from it and Interior Minister Rana Sanaullah said that a breakaway faction of the TTP called Khurasani has claimed responsibility.[26]

For Pakistan, January 2023 became the deadliest month since July 2018 as the militants carried out 44 attacks killing 134 people and at least 254 injured. According to statistics released by a think tank, Pakistan Institute for Conflict and Security Studies (PICSS).[27]

Social media to be blamed for ‘misunderstandings’ between Khan and Bajwa: President

On January 12, President Dr. Arif Alvi blamed social media for misunderstandings that emerged between previous Army Chief, General (Retd.) Qamar Javed Bajwa and former Prime Minister, Mr. Imran Khan. [28]

In an interview with BBC Urdu. President Alvi said that “jab hum social media ko undue importance polarisation mein detay hain tau who kharabi paida kertay hain. The decision-makers are not able to handle the social media; they should handle it better.” [29] “Social media is one of the important reasons, he said while responding to a question about controversies between previous government of Mr. Imran Khan and the then Army Chief Qamar Javed Bajwa.

Mr. Javed Chaudhry, in his recent columns, had also been mentioning meetings and events between Mr. Khan and General (Retd.) Bajwa during and after the tenure of Mr. Khan which raised eyebrows of serious issues existing between the two. In one of his columns, “Extension aur Aiwan e Saddar ki Mulakatein” written for Daily Express on January 01, 2023, Mr. Javed Chaudhry had mentioned that before losing his government in April 2022, Mr. Khan had offered extension to Gen. (Retd) Bajwa number of times. Extension was offered twice in March 2022, first offer was made via Mr. Asad Umar, when he informed former COAS that according to the new law, Gen. (Retd.) Bajwa can remain COAS till the age of 65 years and requested him to support Mr. Khan’s government to remain in power. Next offer was made via Mr. Pervez Khattak, former Defence Minister, when he called from the DG-ISI’s office and on behalf of Mr. Khan offered Mr. Bajwa life time extension, which was refused by Gen. (Retd) Bajwa.[30]

According to Mr. Chaudhry, Mr. Khan, after his removal from power, again met Gen. (Retd) Bajwa at Presidency, when President Dr. Alvi, requested former COAS to meet Mr. Khan. Mr. Khan requested Mr. Bajwa to remove the current government which Gen. (Retd) Bajwa refused saying it will be unconstitutional on his part and advised him to return to the Parliament and form government with the help of his allies.

PTI leader Arrested on threatening ECP

Mr. Fawad Chaudhry, former Federal Minister

On January 25, Mr. Fawad Chaudhry, former Federal Minister in the PTI government, was arrested in Lahore for allegedly threatening members of the Election Commission (EC) and their families during a media talk.

In a media talk, Mr. Chaudhry had said that the election commission had become a “Munshi” as the election commissioner signed the things like a clerk after they were sent to him by the government He also said that those who will be involved in injustice to the PTI will be pursued until they are punished. He also said people should pursue the elements, who are deceiving public, to their houses, thus inciting public to violence. Mr. Chaudhry was arrested based on First Information Report (FIR) registered by the ECP Secretary, Mr. Umar Hameed.[31]

Zardari’s legal notice to PTI Chairman

On January 30, former President Mr. Asif Ali Zardari sent a legal notice to PTI Chairman Mr. Imran Khan over allegations that he conspired to assassinate him.

In a televised address on January 27, Mr. Imran Khan had accused Mr. Zardari of being part of a plan to get rid of him and claimed that Mr. Zardari paid a terrorist organization to attack him with the support of a powerful state agency’s facilitators.[32]

Delay in launch of Pakistan’s first-ever digital census

The launch of Pakistan’s first-ever digital census, scheduled for February 1, was announced to be delayed by a month to March 1. On January 24, the Pakistan Bureau of Statistics (PBS) said the delay had to be made due to “unavoidable circumstances” and “ground realities.”

The census was first announced in October 2021 by the outgoing PTI government based on a decision reached in the NFC. The delayed digital census will span over a month and is estimated to cost PKR 22 billion.[33]

National Assembly (NA) Speaker accepts resignations of 35 and 43 more PTI MNAs

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On January 19, National Assembly Speaker of Pakistan, Raja Pervaiz Ashraf, accepted the resignations of 80 PTI MNAs. This includes 35 resignations accepted on January 19 and 43 more accepted on January 22. The resignations were submitted by the PTI after the ousting of former Prime Minister, Mr. Imran Khan in April 2022. The Speaker, Raja Pervez Ashraf was convinced the resignations were not submitted under any pressure and the Election Commission of Pakistan (ECP) de-notified the members immediately after the resignations were accepted.[34] However, the Speaker indicated that some members have contacted him and are considering their decision. In December 2022, PTI members wanted to collectively appear before the speaker National Assembly for verification of their resignations. But the National Assembly Secretariat had announced a clear policy regarding the confirmation of resignations of the PTI members, according to which, every party MNA had to personally confirm his resignation.[35]

In further development, on January 29, ECP announced that by-elections on 86 National Assembly seats will be held on March 16, 2023, with the possibility of by-polls on additional constituencies in April 2023. The schedule for seven seats won by PTI chief, Mr. Imran Khan will only be issued after he decides which seat he wants to retain. Under the law, Mr. Khan has until February 18, 2023 to make a decision, otherwise all of the seven seats will stand vacant except for the last one he won from NA-45. No by-polls will take place to fill the seats falling vacant after April 12, 2023 as the terms of the assemblies will expire on August 12, 2023. The October by-polls were held on nine seats after the National Assembly Speaker accepted the resignations of some PTI lawmakers who resigned en masse in April 2022.[36]

On January 19, ECP notified the victory of PTI Chairman, Mr. Imran Khan in the by-polls held in October 2022. The notification was issued after the commission condoned Mr. Khan’s delay in submitting the election expenses details. Mr. Khan won from seven National Assembly constituencies in the by-polls. The by-polls were held on 9 seats after some PTI lawmakers resigned en masse in April 2022. The ECP decision was based on Article 17(2) of the Constitution which guarantees contesting an election as a fundamental right. According to Article 223(2) of the Constitution, Mr. Khan will have to resign from all but one seat within a month after the declaration of the result. The by-polls on the remaining 33 National Assembly seats will take place on March 16, 2023 with PTI leaders serving as covering candidates for Khan. ECP notified the victory of PTI Chairman Imran Khan from seven National Assembly constituencies in by polls held in October, 2022 taking a lenient view of his delay in submitting election expense details.[37]

Chaudhry Shujaat Hussain wins a legal battle over the PML presidency

ECP declares Shujaat PML-Q president - The Current

On January 31, the ECP ruled in favour of Chaudhry Shujaat Hussain in his legal battle over the PML presidency. The ECP declared the process for his removal from the position as illegal and set aside elections announced by the party’s central working committee.

The verdict was announced on a petition filed by Mr. Shujaat Hussain amid a tussle with his cousin Chaudhry Parvez Elahi, former CM Punjab. The differences between the two emerged ahead of elections for the office of Punjab’s chief minister. Earlier in January 2023, Mr. Shujaat Hussain suspended the party membership of Mr. Parvez Elahi over his comments regarding the party’s possible merger with the PTI.

The ECP ruled that Mr. Shujaat Hussain was elected as the PML president unopposed and was to remain in the post until the next election as per Article 140 of the party’s constitution.[38]

255th Corps Commanders’ Conference

https://www.ispr.gov.pk/archive_images/13226.jpg

On January 31, 255th Corps Commanders’ Conference was held at the GHQ chaired by the Chief of Army Staff (COAS), General Syed Asim Munir.

According to the Inter Services Public Relations (ISPR), participants were briefed on various threats, situation in Indian-administered Jammu and Kashmir, and ongoing intelligence-based operations being undertaken by the Army and other law enforcement agencies to break the connection between terrorists and their support networks. The conference paid tribute to the victims of the recent attack on the Peshawar police line and vowed to bring the perpetrators to justice. COAS emphasized the nation’s zero tolerance for terrorism and directed the commanders to continue their focus on anti-terrorism operations in coordination with intelligence and law enforcement agencies.[39]

Speaker National Assembly meets Foreign Dignitaries

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan
  1. On January 01, UK/USA Humanitarian Delegation For Pakistan & Khubaib Foundation called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.[40]
  2. On January 04, Speaker Honourable, Mr. Milton Dick of the House of Representatives of the Parliament of Australia and the Speakers of Sri Lanka, Canada, the UK, Malta met with Raja Parvez Ashraf, Speaker, National Assembly at 26th Conference of Speakers and Presiding Officers of the Commonwealth (CSPOC), Canberra, Australia.[41]
  3. On January 05, Raja Parvez Ashraf, Speaker, National Assembly expressed his views at 26th Conference of Speakers and Presiding Officers of the Commonwealth (CSPOC), Canberra, Australia.[42]
  4. On January 06, Sir Lindsay Hoyle, Speaker of House of Commons, UK met with Raja Parvez Ashraf, Speaker, National Assembly at 26th Conference of Speakers and Presiding Officers of the Commonwealth (CSPOC), Canberra, Australia.[43]
  5. On January 13, Outgoing Chinese Ambassador to Pakistan H.E. Nong Rong Noon called on Raja Parvez Ashraf, Speaker, National Assembly at Parliament House, Islamabad.[44]
  6. On January 16, Belgian Parliamentary Delegation led by Hon. Allessia Claes, Chairperson Belgian-Pak Parliamentary Friendship Group called on Raja Parvez Ashraf, Speaker, National Assembly at Parliament House, Islamabad.[45]

Chairman Senate meets Foreign Dignitaries

Senator Muhammad Sadiq Sanjrani, Chairman Senate of Pakistan
  1. On January 10, Muhammad Sadiq Sanjrani, Chairman Senate met with Senior chairman of the Iraqi Foreign Relations Committee, Aamer H. Al-fa’ezat in Iraq.[46]
  2. On January 11, Muhammad Sadiq Sanjrani, Chairman Senate met with Dr. Ahmed Hassan Al-Taha, Head of the Academy, Iraqi Fiqah Academy in Iraq.[47]
  3. On January 14, Chinese Ambassador H.E Nong Rong called on Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[48]
  4. On January 19, Dr. Ramez Alraee, Syrian Ambassador to Pakistan called on Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[49]
  5. On January 20, Ambassador of United States, Mr. Donald Blome called on Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.[50]

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 January 09, General Syed Asim Munir, Chief of Army Staff (COAS) met with Saudi Crown Prince and Prime Minister, Mr. Mohammed bin Salman in Saudi Arabia.[51]
  2. On January 10, General Syed Asim Munir, Chief of Army Staff (COAS) met with President of United Arab Emirates (UAE), Sheikh Mohamed bin Zayed Al Nahyan in Abu Dhabi, Dubai.[52]

Prime Minister’s Interactions with COAS

General Syed Asim Munir, Chief of Army Staff and Prime Minister, Shahbaz Sharif

Prime Minister Mr. Muhammad Shehbaz Sharif met and interacted with Chief of the Army Staff General Syed Asim Munir met twice during the month of January 2023. These interactions were during the NSC meeting held at the Prime Minister’s House on January 2 and at the Lady Reading Hospital, Peshawar on January 31.[53]

Brazil’s President sacks Army chief

On January 21, Brazil’s President, Luiz Inácio Lula da Silva sacked Brazil’s Army chief General Julio Cesar de Arruda after riots erupted in the capital, Brasilia on January 08, 2023.

President Lula said he suspected members of the armed forces colluded with protesters. President had dismissed dozens of military officers in recent days.

Thousands of supporters of Mr. Jair Bolsonaro (former President) stormed government buildings in Brasília on January 08, 2023 after managing to march, largely unchallenged, through the city. Several police officers were injured in the violence and the presidential palace, Congress and Supreme Court were vandalised after rioters forced their way in. Some 2,000 people were detained on the day, Brazil’s federal police reported, and nearly 1,200 remain under arrest.

Supreme Court of Brazil is investigating what happened and is including Jair Bolsonaro in the probe. Prosecutors said the far-right former leader may have incited the riot after posting a video that questioned the legitimacy 2022 presidential election. He has denied any involvement in or responsibility for the uprising by his supporters.[54]

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