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. May 09 a plot to overthrow COAS: Prime Minister
2. A Flurry of Last-Minute Legislation
3. SC Performance Sheet
4. IMF approves US $ 3 billion bailout programme for Pakistan
5. SC declares arresting an accused from HC premises as illegal
6. JIT finds PTI Chairman guilty in all May 09 cases
7. LHC rules spying on or extracting data from personal mobile as unconstitutional
8. LHC suspends decision ruling against handing over 45,000 acres of land to the Army
9. Hearing of Cases under Military courts
10. Another Political Party
11. PTI Chairman challenges cipher controversy
12. CJP dismisses the curative review petition moved against Justice Isa
13. Pakistan determined to overcome its current crisis: COAS
14. ECP directs KP Caretaker CM to sack ministers involved in politics
15. Amendments in the Sindh Local Government Act
16. 258th Corps Commanders’ Conference (CCC)
17. Speaker National Assembly meets Foreign Dignitaries
18. Chairman Senate meets Foreign Dignitaries
19. Interactions of COAS with Foreign Dignitaries
20. Prime Minister’s Interactions with COAS

May 09 a plot to overthrow COAS: Prime Minister

On July 30, Prime Minister Mr. Muhammad Shehbaz Sharif said that the May 9 conspiracy was hatched against the Chief of Army Staff to trigger a civil war in the country.^[1]

“9 May tau aik Pakistan ke khilaf sazish thi; woh afwaj-e-Pakistan ke khilaf sazish thi; woh sipah salaar General Asim Munir ke khilaf sazish thi ke uss din Imran Niazi jo ke sarghana tha uss sazish ka aur us ke hawari, jis mein khawateen bhi hain, mard bhi hain, jis mein iss ka siasi jatha woh bhi shamil tha, kuch fauji bhi thay, un ke khandan ke afraad bhi thay, uss din ye plan tha, inthehai qabih, aik sazish thi ke Pakistan ki fauj ka takhta ulat dein, aur Pakistan mein anarchy ho jaey aur Pakistan mein civil war ho jaey. Yeh tha plan. ^[2]

In response to a question whether what he said was based on his information or his analysis, Prime Minister Mr. Shehbaz Sharif responded that he said this on the basis of 100 % evidence. “Mein bilkul 100 feesad aik reliable information ki bunyad pe baat kar raha hoon,” he said.^[3]

Earlier on July 09, PM had accused Mr. Imran Khan of sending ‘assassination threats’ to the COAS through ‘proxies’. In response to the Prime Minister’s accusations, Mr. Imran Khan challenged Mr. Shehbaz Sharif to answer the question of who gained the most from the events of May 9.^[4]

A Flurry of Last-Minute Legislation

During the month of July, Parliament hurriedly introduced many laws and passed eight (8) ^[5] out of those. ^[6]

Of the amended laws, the Elections (Second Amendment) Act, 2023 was passed on July 26 in a joint session of the Parliament despite protest by some legislators. ^[7]

The bill proposed an amendment in the role of the caretaker government proposing that the caretaker governments could take decisions and actions for “purposes of protection of economic interests of Pakistan” in a number of areas including bilateral and multilateral agreements and projects initiated under Public Private Partnership Authority Act, Inter-government Commercial Transactions Act and the Privatisation Commission.

The proposed amendment inserted a new clause 2(A) in Section 230 of the Election Act, 2017 stating that sub-sections (1) and (2) of Section 230 of the Election Act, 2017 will not apply whenever circumstances exist which render it “expedient for the caretaker government to take such actions or decisions necessary for the purposes of protection of economic interests of Pakistan dealing with bilateral and multilateral agreements with the international institutions and foreign government, including continuation and conclusion of projects initiated under the Public Private Partnership Authority Act, 2017 (VIII of 2017), the Inter-government Commercial Transactions Act, 2022 ( XXX of 2022) and the Privatization Commission Ordinance, 2000 (LII of 2000).” ^[8]

Before its final passage, however, the bill was deferred and slightly amended due to protest by lawmakers. ^[9] The final amended section slightly restricted the scope by adding that “Provided that sub-sections (1) and (2) shall not apply where the caretaker Government has to take actions or decisions regarding existing bilateral or multilateral agreements or the projects already initiated under the Public Private Partnership Authority Act, 2017 (VIII of 2017), the Inter-Governmental Commercial Transactions Act, 2022 (XXX of 2022) and the Privatization Commission Ordinance, 2000 (LII of 2000).” ^[10]

Other amendments included to authorize Election Tribunal to decide an election petition within 180 days instead of 120 days as per amendment in Section 148 of the Elections Act, 2017. Another amendment in Section 155 stated that an appeal against the decision of the Election Tribunal will be decided by the High Court or Supreme Court within 180 days of its filing. The injunction order if passed will be vacated if the appeal is not decided within 180 days. Also, the allowed expenses for a candidate on an election campaign for the National Assembly seat have been increased from Rs. 4 million to Rs. 10 million while expenses allowed to a candidate for a Provincial Assembly seat were enhanced from Rs. 2 million to Rs. 4 million. ^[11]

Other laws passed also included The Board of Investment (Amendment) Act, 2023 which was passed on July 31 and mainly involved legalising the powers of the newly-formed Special Investment Facilitation Council (SIFC). The law was amended to add a new chapter titled Establishment of a Special Investment Facilitation Council involving its establishment by a notification of the federal government, the scope of work of the SIFC. As already known, the SIFC, which includes the Chief of the Army Staff as a member, ^[12] enjoys huge powers as a ‘Single Window’ interface for potential investors as well as to adopt a unified approach to fast-track development of projects. It will “shorten cumbersome and lengthy business processes through a cooperative and collaborative ‘whole of the government approach’ with representation of all stakeholders.” The SIFC can issue binding advice to regulatory bodies, authorities, public sector entities, divisions and departments of the Federal government as well as summon them on issues relating to investor sentiments and investment inflow. The law also states that these powers are also exercisable in respects to projects referred to the SIFC by any Provincial Government. The law also grants immunity to the SIFC against any suits or legal proceedings and bars any investigating agency, anti-graft agency, any law enforcement agency and courts to initiate any investigation in relation to any commercial transaction, arrangement or agreement made by the SIFC under the law. The SIFC has been given power to make its own rules under the law as well as powers to the Federal government to remove any difficulty in functioning of the SIFC through a notification.

The Pakistan Army (Amendment) Bill,2023 was also passed on July 31 and its amendments included up to five years in jail for anyone who discloses sensitive information about the security of the country or the Pakistan Army. The law also added sentencing of rigorous imprisonment for a period of up to five years for anyone who reveals or facilitates the revelation of information obtained in an official capacity which could potentially harm the security and interests of Pakistan or the Armed Forces adding that the accused will be dealt with according to Section 59 (civil offences) of the Army Act read with the Official Secrets Act 1923. The law also included prohibiting any individual bound by the Army Act from participating in any form of political involvement for two years following their retirement, release, resignation, discharge, removal, or dismissal from service.”

The Cantonments (Amendment) Bill, 2023 was passed on July 31 and dealt with refining and updating the regulations governing cantonment areas. The Defence Housing Authority Islamabad (Amendment) Act, 2023 was also passed on July 31 and sought to refine the existing framework of the DHAs.

The Control of Narcotics Substances (Amendment) Act, 2023 was passed on July 25, and was aimed to further modify the Control of Narcotics Substances Act 1997. The Petroleum (Amendment) Act, 2023 was passed on July 25 and the amendments made changes to various terminologies. The Qanun-e-Shahadat (Amendment) Act, 2023 was also passed on July 25.

SC Performance Sheet

On July 12, the Supreme Court of Pakistan issued its performance sheet showing the disposal of cases during the year 2022. The CJP stood as the highest scorer, having disposed of 8,796 cases out of the total 24,149 cases during the period from February 2, 2022, to February 1, 2023. As of February 2, 2022, the total backlog of cases was 54,706, and during the review period, 20,727 new cases were instituted. The total number of cases disposed of by all the benches was 22,843, resulting in a slight decrease in the pendency to 52,590 cases, with 2,116 cases less than the previous backlog.

After the CJP, Justice Ijaz-ul-Ahsan had the second-highest number of disposed cases, with 4,664 cases while heading different benches for 236 days and serving as a member of different benches for 11 days. He was followed by Justice Sardar Tariq Masood with 3,126 cases as presiding judge for 157 days and one day as a member of the bench. Justice Qazi Faez Isa had disposed of 1,323 cases as presiding judge for 183 days and five days as a member of the bench.^[13]

IMF approves US $ 3 billion bailout programme for Pakistan

On July 11, the executive board of the International Monetary Fund (IMF) approved a US $ 3 billion bailout programme for Pakistan which will immediately disburse about US $ 1.2 billion to help the country. Earlier on June 29, the IMF and Pakistan had reached a standby agreement to ease the country’s financial crisis.

The IMF statement said that the new programme would provide a policy anchor to Pakistan for addressing “domestic and external imbalances” and a framework for financial support from multilateral and bilateral partners.^[14]

The package was approved after the IMF team held meetings with key political parties including the PPP and the PTI to seek assurances of their support for key objectives and policies under the new IMF-supported programme.^[15]

SC declares arresting an accused from HC premises as illegal

On July 07, a Supreme Court bench headed by Chief Justice Umar Ata Bandial and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah declared that arresting an accused from the premises of a high court would not only violate their right to access a competent court to safeguard their fundamental right of liberty but also open the doors for law enforcement agencies to treat court premises as hunting grounds for capturing accused persons seeking judicial oversight of their arrests.

The detailed judgment was issued in response to a petition filed by PTI Chairman, challenging the order of the IHC that declared his arrest in the Al-Qadir Trust case as lawful.^[16]

JIT finds PTI Chairman guilty in all May 09 cases

On July 21, a special prosecutor informed an Anti-Terrorism Court (ATC) that a Joint Investigation Team (JIT) found Mr. Imran Khan guilty of abetment and other charges in the May 09 violence. Mr. Khan was himself present at the ATC as he appeared on the expiry of his pre-arrest bail in five cases related to the May 9 riots after his arrest from the IHC premises. ^[17]

Earlier on July 14, the PTI Chairman appeared before the JIT and stated that his party had planned peaceful protests in cantonment areas. However, he blamed the PDM government for orchestrating attacks on military installations to defame the PTI and use force against him, his party leaders, and workers. ^[18]

LHC rules spying on or extracting data from personal mobile as unconstitutional

On July 15, a LHC bench comprising Justice Ali Baqar Najafi and Justice Muhammad Amjad Rafiq issued a ruling stating that spying on or extracting data from an individual’s personal mobile phone, whether it be an ordinary citizen or a suspect, is unconstitutional and illegal unless done with the permission of a court.

The judgement stated that in modern era mobile phone holds a place of a home as people practically live in their cell phones, engaging in conversations, audio or video calls, and sharing personal material and messages. Every private relationship or communication, confined within the four walls of one’s home, is legally protected under the Constitution. Acquiring data stored in an information system or seizing articles containing such data requires the intervention of a court, either by obtaining a warrant or by informing the court after such seizure within 24 hours, as prescribed by relevant laws.^[19]

LHC suspends decision ruling against handing over 45,000 acres of land to the Army

On July 17, a Lahore High Court division bench comprising Justice Ali Baqar Najafi and Justice Alia Neelum suspended an earlier decision made by a single judge bench, which had ruled against handing over 45,000 acres of land in three districts of Punjab to Pakistan Army on a 20-year lease. The suspension order was passed in response to intra-court appeals filed by Federal and Provincial governments. ^[20]

Hearing of Cases under Military courts

On July 31, a day before the scheduled hearing in the Supreme Court on trial of civilians under military courts, a group of civil society activists requested the Supreme Court to constitute a full court. The Federal Government through the AGP had already requested CJP to consider forming a full court consisting of all available judges to hear the matter.^[21] Earlier, on July 27, civil society activists filed an application with the Supreme Court, requesting to become interveners in the case concerning the trial of civilians by military courts related to the May 9 acts of violence and arson.^[22]

On July 21, the Federal Government assured the Supreme Court that convictions over the May 9 violence would not entail capital punishment and the reasons of the military court decisions would be recorded.^[23]

On July 18, CJP, while presiding over a six-judge bench including Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A Malik expressed concerns about subjecting civilians to the rigors and harshness of military courts.^[24]

On July 17, the Federal Government informed the SC that the trial of individuals accused of violence against the armed forces under the Pakistan Army Act (PAA) 1952 is an appropriate and proportionate response within the constitutional and statutory framework.^[25]

On July 4, two Supreme Court judges, Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah issued separate notes regarding the formation of a bench to hear appeals against military trials of civilians in Pakistan. Initially, a nine-judge bench was formed. However, on the first day of proceedings, Justice Qazi Faez Isa raised concerns about the formation of the bench, and Justice Masood supported his viewpoint. As a result, the bench was reduced to seven judges. Later, it was further reduced to six judges after Justice Shah recused himself due to objections from the government. In his note, Justice Masood endorsed Justice Isa’s point of view and clarified that he was not consulted by the CJP before his inclusion in the bench. He also expressed his reluctance to sit on the bench until the final decision of the petitions challenging the Supreme Court (Practice and Procedure) Act 2023.^[26]

Another Political Party

On July 17, Mr. Pervez Khattak announced the formation of a new political party called the PTI-Parliamentarians. Mr. Khattak, along with former KP CM Mr. Mahmood Khan, stated that former members of National and Provincial Assemblies from KP had held meetings and decided to launch the new party after consultations. ^[27]

On July 11, the PTI had terminated basic party membership of Mr. Khattak after he failed to respond to a show cause notice that sought an explanation for “inciting” members to leave the party. He has also served as Secretary General of the PTI. ^[28]

PTI Chairman challenges cipher controversy

On July 31, PTI Chairman Mr. Imran Khan challenged the inquiry into the cipher controversy and audio leaks in the IHC arguing that since the Supreme Court was already examining the audio leaks, the FIA could not initiate a probe in this matter which was a violation of Article 10-A of the Constitution.^[29]

On July 19, an alleged confession surfaced involving Mr. Azam Khan, former Principal Secretary to Prime Minister Mr. Imran Khan, which accused Mr. Imran Khan of using a cipher obtained from Pakistan’s mission in the US to gain political advantage and build an anti-establishment narrative. ^[30]

Mr. Imran Khan had earlier stated that cipher is an extremely confidential document, and its leak could compromise the secrecy of diplomatic communications. He clarified that the cipher had never left the Foreign Office so there was no question of it being lost. He claimed that the NSC had authenticated the message in the cipher during its two meetings held under his premiership and that of Mr. Shehbaz Sharif.^[31]

On July 21, Federal Minister for Law and Justice Senator Azam Nazeer Tarar alleged that Mr. Imran Khan used the cipher for vested interests and to evade the no-confidence motion against him. He alleged that Mr. Imran Khan attempted to create discord between friendly countries and undermined national security which could result in his lifetime imprisonment. ^[32]

CJP dismisses the curative review petition moved against Justice Isa

On July 21, Chief Justice finally dismissed the curative review petition filed by the PTI government before the Supreme Court against Justice Qazi Faez Isa. The CJP acted nearly 4 months after the Presidential approval to do so was issued on March 31.

It was on March 30 when after nearly being in office for a year, Prime Minister Mr. Muhammad Shehbaz Sharif had ordered immediate withdrawal of the reference filed against Justice Qazi Faez Isa in 2019 by the PTI federal government as “baseless and politically motivated.” On March 31, President Dr Arif Alvi gave his approval to the withdrawal of the curative review reference and Civil Miscellaneous Application (CMA) against Justice Qazi Faez Isa on the advice of the PM in accordance with Article 48 of the Constitution. ^[33]

Pakistan determined to overcome its current crisis: COAS

On July 24, Chief of Army Staff General Syed Asim Munir said that Pakistan is determined to overcome its current crisis. He made these remarks during the inauguration ceremony of Khanewal Model Agriculture Farm.

General Munir expressed the pride of the armed forces in serving the nation and emphasized the strong connection between the people and the army stating Pakistanis will lift themselves out of dependency and move away from the begging bowl mentality. He also highlighted the abundant natural resources of Pakistan and expressed confidence that with these resources and the collective efforts of the people, Pakistan will continue to develop and progress. Pakistan will achieve an agricultural revolution, and model farms like the one in Khanewal will be established all over the country, he said. He emphasized the interconnectedness of national security and the economy, stating that a strong economy is essential for ensuring security, and vice versa. General Munir also mentioned the Green Initiative programme which aims to cultivate over 4 million acres of waste land to increase agricultural production, reduce imports of edible oil and food items, and make the country food secure.^[34]

ECP directs KP Caretaker CM to sack ministers involved in politics

On July 31, the ECP directed Caretaker Chief Minister of Khyber Pakhtunkhwa to immediately remove ministers, advisers, and special assistants who are involved in politics. The ECP expressed its desire to ensure free and fair election in the province and requested that caretaker Chief Minister reviews appointments and de-notify those individuals involved in political activities. ^[35]

Amendments in the Sindh Local Government Act

On July 20, the Sindh Assembly unanimously approved several amendments to the Sindh Local Government Act ^[36] giving more powers to mayors and chairmen of municipal corporations.

The Sindh Local Government (Second Amendment) Bill, 2023 was presented by the Minister of Parliamentary Affairs and was adopted without any statement or explanation on the amendment from the treasury benches. The amendments state that mayors or chairmen of different city corporations across the province would be the heads of development authorities and other civic agencies falling within their respective jurisdictions.^[37]

258th Corps Commanders’ Conference (CCC)

On July 17, General Syed Asim Munir, Chief of Army Staff, presided over the 258th Corps Commanders’ Conference (CCC) held at the GHQ, Rawalpindi.

According to the ISPR, prevailing internal security environment was extensively discussed in the CCC and it was noted that terrorists of proscribed organizations like the TTP and others have sanctuaries and freedom of action in a neighbouring country. The availability of modern weapons to these terrorists was identified as a major factor impacting Pakistan’s security. The forum also focused on the operational preparedness and training of the army.

Participants were also briefed about the Government’s economic revival plan and the role of the Army in supporting various sectors including agriculture, IT, mining & mineral, and defence production. The Army is part of the Special Investment Facilitation Council (SIFC) and vowed to provide technical and management support to the government’s strategic initiatives for the revival of the economy, ultimately benefiting the people of Pakistan, noted the ISPR.^[38]

Speaker National Assembly meets Foreign Dignitaries

1. On July 14, Raja Parvez Ashraf, Speaker, National Assembly, met with Turkish Ambassador to Pakistan, Dr. Mehmet Paçaci at the 7th anniversary of the National Unity and Democracy Day of Türkiye at the Turkish Embassy, Islamabad. ^[39]
2. On July 25, H.E. Zhao Leji, Chairman, National People’s Congress of the People’s Republic of China interacted online with Raja Parvez Ashraf, Speaker, National Assembly.^[40]

Chairman Senate meets Foreign Dignitaries

1. On July 12, Chairman Senate, Senator Muhammad Sadiq Sanjrani and Mr. Duarte Pacheco, President International Parliamentarians’ Congress (IPC) presided over a meeting to discuss the Ground Breaking Ceremony of the IPC Headquarters Building at Diplomatic Enclave Islamabad Islamabad.^[41]
2. On July 31, President of the Inter-Parliamentary Union (IPU), Mr. Duarte Pacheco called on Chairman Senate, Senator Muhammad Sadiq Sanjrani at the Parliament House, Islamabad.^[42]

Interactions of COAS with Foreign Dignitaries

During July 2023, there were three meeting of General Syed Asim Munir, Chief of Army Staff (COAS), with foreign dignitaries:

1. From July 14-16, Chief of the Army Staff, General Syed Asim Munir, was on a an official visit to Islamic Republic of Iran.^[43] During the visit, he called on the Iranian Chief of General Staff, Major General Mohammad Bagheri, President of the Islamic Republic of Iran, H.E. Ebrahim Raisi, and Foreign Minister, H.E. Hossein Amir Abdollahain, at Tehran, Iran. ^[44]
2. On July 24, General Michael Erik Kurilla, Commander United States US CENTCOM, called on Chief of the Army Staff at the GHQ, Rawalpindi.^[45]
3. On July 31, visiting Chinese Vice Premier He Lifeng called on Chief of the Army Staff at the GHQ, Rawalpindi.^[46]

Prime Minister’s Interactions with COAS

Prime Minister Mr. Muhammad Shehbaz Sharif and Chief of the Army Staff General Syed Asim Munir were together on five (5) occasions during the month of July 2023:

1. On July 05, Prime Minister convened a meeting of the apex committee of the Special Investment Facilitation Council (SIFC). Defence Minister Khawaja Muhammad Asif, MNA was present in the meeting.^[47]
2. On July 07, Prime Minister and the COAS were together at the inauguration ceremony of the Land Information and Management System Centre of Excellence (LIMS-COE). Defence Minister Khawaja Muhammad Asif, MNA was present on the occasion.^[48]
3. On July 10, Prime Minister was a Guest of Honour at the inaugural ceremony of the Green Pakistan Initiative in Islamabad. Chief of the Army Staff also attended the ceremony. Defence Minister Khawaja Muhammad Asif was not present on the occasion. ^[49]
4. On July 20, Prime Minister attended the National IT seminar as a Chief Guest which the Chief of the Army Staff attended as a Guest of Honour ^[50]
5. On July 21, Prime Minister convened second meeting of the apex committee of the SIFC which was attended by Chief of the Army Staff. Defence Minister Khawaja Muhammad Asif, MNA was also part of the meeting. ^[51]

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