Update on The Performance of Democratic Institutions | May 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. The ‘Dark Chapter’ of May 09 & its Unfolding Aftermath
  2. Hearings on the ECP Review Petition
  3. NSC Meeting
  4. Military Leadership was “fully on board” in holding talks with the TTP: Mr. Imran Khan
  5. Foreign Minister attends the SCO Council of Foreign Ministers
  6. LHC nullifies de-notifying of PTI MNAs
  7. Sindh Assembly amends the Sindh Local Government Act (SLGA) 2013
  8. The Commission on Audio Leaks
  9. Parliament passes NAB (Amendment) Law again
  10. Pakistan at 150th position in the World Press Freedom Index
  11. Special Corps Commanders Conference
  12. Silver Jubilee of Youm-i-Takbeer commemorated
  13. Corporate Land Transfer to the Army
  14. Speaker National Assembly meets Foreign Dignitaries
  15. Chairman Senate meets Foreign Dignitaries
  16. Interactions of COAS with Foreign Dignitaries
  17. Prime Minister’s Interactions with COAS

The ‘Dark Chapter’ of May 09 & its Unfolding Aftermath

Screengrab of the burning Corps Commander House, Lahore

On May 09, in simultaneous protests carried out across Pakistan by violent mobs led by Pakistan Tehreek-e-Insaf (PTI) workers and leaders, Pakistan military installations and institutions were specifically targeted. Protesters stormed the gate of the Army’s General Headquarters (GHQ) in Rawalpindi, attacked and burnt the Lahore Corps Commander’s house, targeted an Army convoy on the Mall Road and set police vehicles and security posts on fire. Protesters also blocked roads in various cities including Islamabad, Rawalpindi, Peshawar, Faisalabad, Multan, and Quetta. In Karachi, hundreds of PTI workers took to the streets in different parts where the police responded with baton charges and tear gas resulting in arrests and clashes. Several vehicles, including police vans and security check posts, were set on fire. In Khyber Pakhtunkhwa (KP), PTI workers blocked the Grand Trunk Road in Peshawar and protests turned violent with the torching of a replica of the Chaghi Mountain, damaging of the Provincial Assembly building and the Radio Pakistan Peshawar while Scouts Fort in Chakkdara, Lower Dir, was set on fire by the mob. Severe protests and some clashes between police and party workers were also witnessed in Quetta and Gilgit-Baltistan. In addition, monuments of Pakistan’s martyrs were attacked, vandalised and even desecrated across the country.[1]

Arrest of Mr. Imran Khan

The violence across the country erupted after the arrest of Mr. Imran Khan from the premises of the Islamabad High Court (IHC) earlier on May 09 where he was scheduled to appear before the IHC Chief Justice in connection with his petitions seeking to quash FIRs registered against him for inciting mutiny, over violence outside the ECP and reportedly, to seek pre-arrest interim bail in a NAB investigation on charges of corruption in the Al-Qadir University Trust case. He was arrested by the Rangers as he was to conduct biometric verification at the diary branch of the IHC.[2]

PTI Claims of Alleged Torture and Threat to Mr. Khan’s Life in Custody

The arrest of Mr. Khan was termed legal by the IHC Chief Justice who had taken immediate notice of it and had summoned IG Police Islamabad and Secretary Interior to appear before his court as he commented that if Mr. Khan was arrested illegally, he will have to be released. Upon appearing before the IHC, the IG said that he learnt of the arrest of Mr. Khan from ‘the media.’ Mr. Khan’s lawyer stated before the IHC that as he was present at the time of Mr. Khan’s arrest, the Rangers personnel broke down the windows and used pepper spray and “hit Imran Khan sahib with a rod.” “They also struck his injured leg,” he said, adding that “I have seen all this from my own eyes.”

At 2:46 pm on May 09, the PTI official account tweeted a video of arrest of Mr. Khan and posted that “They have badly pushed injured Imran Khan. Pakistan’s people, this is the time to save your country. You won’t get any other opportunity.”[3]

In a tweet at 6:31 pm on May 09, PTI’s Mr. Hammad Azhar said that there are reports of violence against Mr. Khan while in custody and if something happens to him, this nation would not forget it. He also asked that no one should stay at home and must join the PTI leadership for ‘peaceful protests’ until the release of Mr. Khan. [4]

Federal Government Condemning May 09 Violence

The Federal Cabinet meeting chaired by Prime Minister condemned the May 09 violence across the country targeting State properties. The Cabinet also approved, on the advice of the Ministry of Interior, bringing the Armed Forces to act in aid of civil power under Article 245 of the Constitution in Punjab, KP and the Islamabad Capital Territory. [5] In his address to the nation later on May 10, Prime Minister blamed the May 09 violence on Mr. Imran Khan and his party and said that “harsh action will be taken against state’s enemies.” He also said that members of the PTI had committed “unforgivable crimes” on May 09. [6]

May 09 a “Dark Chapter” – ISPR

Condemning the instances of May 09, the Inter-Services Public Relations (ISPR) said in a press release that it will be remembered as a “dark chapter.” The press release stated that Mr. Khan’s arrest was “in line with the NAB statement and law.” However, immediately after Mr Khan’s arrest, the military’s properties and installations were attacked and slogans against the army were raised in an organised manner. It said that on the one hand these “miscreants” evoked public emotions to achieve their “limited and selfish objectives,” and on the other they deceived people while continuing to highlight the army’s importance for the country. This behaviour “is an example of hypocrisy.” In the lust for power, “this group wearing a political cloak” had done what enemies could not do in 75 years.” The military “showed restraint” in the “larger interest” of Pakistan but is “well aware that behind it were orders, directives and complete pre-planning by some sinister party leadership.” The facilitators, planners and political activists involved in the protests had been identified and strict action would be taken against them “as per the law and all these evil elements will now be responsible for the consequences.” “Any further attack on the army, including all law enforcement agencies, military and state installations and properties, will be severely retaliated, the responsibility of which will be on this very group that wants to push Pakistan into a civil war and has expressed it multiple times,” it said.[7]

Trials under the Army Act

In a tweet on May 13, Prime Minister wrote that he gave “law enforcement apparatus a target of 72 hours to arrest all those involved in facilitating, abetting and perpetrating the disgraceful incidents of arson, ransacking, sabotage & damaging public & private properties.” He also added that the cases of those responsible “will be tried by the anti-terrorism courts.” [8]

However, the PMO announced that the NSC meeting convened on May 13 “agreed to the decision” to try miscreants, instigators and planners of the May 09 violence “according to the Constitution, relevant laws including the Army Act and the Official Secrets Act.” [9]

The ISPR reported that on May 20, Chief of the Army Staff while on a visit to Lahore and addressing the Garrison officers and soldiers at Corps Headquarters, said that “legal process of trial against planners, instigators, abettors and perpetrators involved in 9 May tragedy has commenced under Pakistan Army Act and Official Secret Act as per existing and established legal procedures derived from the Constitution of Pakistan.” [10]

Later, on May 21, Prime Minister announced the government’s decision to prosecute protesters who had attacked civilian infrastructure on May 9 under the anti-terrorism law but those individuals who had vandalized military property would face trial under the Army Act. [11]

On May 22, the PTI approached the Supreme Court to challenge several decisions made by the Federal Government including the decision to prosecute civilians under the Army Act.[12]

On May 29, an Anti-Terrorism Court (ATC) of Rawalpindi ordered that the custody of eight (8) people be given to military authorities for their suspected involvement in attacks on the GHQ and the Army Museum as well as the desecration of Martyrs’ Monuments during the May 9 violence. Under Section 549(3) if the person arrested by the Police is a person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) and the offence for which he is accused is triable by a Court-martial, the custody of such person and the investigation of the offence of which he is accused may be taken over by the Commanding Officer of such person under the said Act.[13]

Context to Mr. Khan’s Arrest

A day before Mr. Khan’s arrest on May 8, the ISPR had released a press statement saying that the PTI Chairman had levelled “highly irresponsible and baseless allegations against a serving senior military officer without any evidence” and termed these as “fabricated and malicious allegations” which are “extremely unfortunate, deplorable and unacceptable.” “This has been a consistent pattern for last one year wherein military and intelligence agencies officials are targeted with insinuations and sensational propaganda for the furtherance of political objectives,” it added. The statement asked Mr. Khan “to make a recourse to legal avenues and stop making false allegations” as “the institution reserves the right to take legal course of action against patently false and malafide statements and propaganda.” [14]

The ISPR was responding to allegations by Mr. Khan against the DG-C Maj. Gen.Faisal Naseer whom Mr. Khan had accused for his alleged involvement in the assassination attempt against Mr. Khan in Wazirabad.

Before departing from Lahore on May 09, Mr. Khan released a video message responding to the ISPR and said that “The ISPR has issued a statement that the institution has been disrespected — the army has been disrespected [by] naming an intelligence officer that has tried to kill me twice” and added that “respect is not [confined] to a single institution; respect should be for every single citizen.” [15]

“Extraordinary Relief” to Mr. Khan

On May 11, responding to a criminal petition filed on behalf of Mr. Imran Khan, Chief Justice Umar Ata Bandial constituted a bench including himself, Justice Muhammad Ali Mazhar and Justice Athar Minallah who asked for the production of Mr. Khan before the bench.

When Mr. Khan was brought to Courtroom No. 1 just two days after his arrest, CJP Bandial greeted him by saying “Good to see you.”

The CJP commented during the hearing with Mr. Khan at the rostrum that it was the “request and desire” of the court that Mr. Khan should condemn violence taken place after his arrest. Mr. Khan. However, said that he had no idea what happened after his arrest, though he stated he believed whatever happened should not have happened.

Justice Minallah remarked that Pakistan needed “a statesman who should rise above hate and political differences” to unite the nation for its stability and regretted the release of a video clip of Mr. Khan soon after his arrest, inciting political workers to undermine the rule of law. Justice Minallah also said that Mr. Imran Khan should understand that “this was an extraordinary relief being extended to him” by the Court.[16]

In their order, the bench termed the manner of execution of NAB’s warrants and arrest of Mr. Khan from the premises of the IHC as “invalid” and “unlawful.” The order stated that through this, Mr. Khan’s fundamental rights were infringed.

The SC bench also ordered Mr. Khan to be produced before the IHC “on 12.05.2023 at 11:00 am” for “hearing of his Writ Petition filed to challenge the NAB action against him in the Al-Qadir Trust Case.”

The order was also prescriptive to direct the Registrar of the IHC to place Mr. Khan’s Writ Petition before IHC Chief Justice for constituting a Bench for hearing the same. Not only that, “to ensure security” of Mr. Khan until his appearance in the IHC the next day, the order added that “he shall remain in the he Police Lines Guest House at H-11, Islamabad where he would be “entitled to meet up to 10 guests, whose particulars shall be provided by him to the concerned Police Officer, subject to security check by the police. These persons shall be allowed to stay with the petitioner as long as desired by him.” [17]

On May 12, an IHC bench comprising Justice Tariq Mehmood Jahangiri and Justice Arbab Muhammad Tahir granted a blanket bail to Mr. Khan in multiple cases, including Al-Qadir Trust case. [18]

On May 15, the PDM organized a sit-in outside the Supreme Court demanding the resignation of CJP Bandial, accusing him of providing undue facilitation to PTI Chairman Mr. Imran Khan. The PDM leaders expressed their unanimous refusal to accept “engineered verdicts” and accused CJP Bandial of misconduct.[19]

Mr. Khan Singles Out the COAS

While speaking to the media from the IHC, Mr. Imran Khan accused the Army Chief to be solely responsible for his “abduction.” He claimed that the Army Chief was concerned that if Mr. Khan came to power, he would de-notify the Army Chief. He also distanced himself from the May 9 violence that erupted across the country. [20]

No Martial Law on the Horizon: ISPR

In an extraordinary talk with the Geo News on May 12, DG ISPR Maj. Gen. Ahmed Sharif ruled out any possibility of imposing martial law in the country in the wake of violent protests on May 09. He also rejected news that made rounds in the social media that some top ranking army officials have resigned and disobeyed the terming the whole Army as unified. DG ISPR also said he wants to say very clearly that the COAS and the senior army leadership under him wholeheartedly support democracy and will keep doing so.[21]

Unequivocally Condemn May 09 Violence: President Alvi

On May 18, President Dr. Arif Alvi publicly called for PTI Chairman Mr. Imran Khan to unequivocally condemn the violence that occurred after his arrest on May 9, 2023. In an interview with Geo News, the President emphasized that the attacks on public properties and military installations should not only be condemned but that strict actions should also be taken against the perpetrators. [22] In a press conference on May 18, PTI Chairman finally condemned the attack on army installations though he repeated his demand for a thorough, independent probe.[23]

“Independent” Investigation into May 09: Mr. Imran Khan

On May 13, Mr. Khan called for an independent investigation of the May 09 violence and accused ‘vested interest elements’ of benefiting from the situation by imprisoning senior PTI leaders and thousands of workers. Mr. Imran Khan criticized the involvement of unidentified plainclothesmen who joined the PTI protesters and instigated violence and vandalism. He said that violence and vandalism are not his philosophy, citing previous incidents where PTI workers remained peaceful even in the face of attacks.[24]

Later on May 16, he alleged that the arson attacks and shootings that occurred on May 9 were carried out by individuals affiliated with intelligence agencies.

On May 28, Mr. Khan called for a judicial inquiry into the May 09 violence emphasizing that only the guilty should be punished. He reiterated the need for judicial inquiry to identify those responsible for firing and allegedly killing 25 unarmed protesters, as well as injuring hundreds of others. He claimed that around 10,000 political prisoners had been imprisoned without proper investigations. He also demanded a timeframe for elections. [25]

Calls for Dialogue

Earlier, on May 26, Mr. Khan made an appeal for all state institutions to engage in talks with his party in order to find a solution that would lead the country towards progress. In an interview with France 24, Mr. Khan stated that he had been isolated at his home, cut off from the senior leadership of his party, and claimed that thousands of his supporters had been arrested. He also mentioned that he still feared for his life after two assassination attempts. He emphasized that his appeal for dialogue should not be seen as a sign of weakness, and criticized the government for not respecting court orders to hold elections, and he highlighted that the entire establishment, civil administration, and the ECP were supporting the PDM. [26]

It must be noted that a dialogue was underway earlier between the PTI and the PDM parties and a near-consensus was reached on May 2 with an agreement to hold general election to the National and Provincial Assemblies on a single date under the supervision of caretaker setups. However, the specific date initially agreed by the two sides was turned down by the PTI chairman Mr. Imran Khan who insisted on implementing the Supreme Court’s order of April 4 which had set the date of Punjab Assembly election on May 14. [27]

On May 27, the PTI constituted a seven-member “negotiation committee” without providing further details about whom the committee would negotiate with. Several of the members in the committee were either in jail or hiding to avoid arrest.

On May 27, Mr. Khan stated in a meeting with senior journalists that he held no grudges against the Army and mentioned that he was preparing to spring some big surprises in the coming days. He entrusted Vice-Chairman Shah Mahmood Qureshi, along with other senior leaders, with leading the party in his absence.

On May 28, there were conflicting statements from government officials regarding negotiations with the PTI. Finance Minister Senator Ishaq Dar suggested that talks could be held if Mr. Imran Khan took corrective measures, apologized to the nation, admitted his mistake, and promised not to engage in violent protests in the future. However, Khawaja Saad Rafique asserted that talks were not possible in the current situation, emphasizing that the atmosphere was not suitable for dialogue.[28]

The US Stance

While the US has continued to reiterate its official position to manage its partnership with a strong and prosperous Pakistan as a whole rather than with any specific political party or candidate,[29] individual US lawmakers have been asking the US government to use diplomatic tools to pressurise the Pakistan government. On May 18, 66 US lawmakers wrote a letter to the US Secretary of State calling for an investigation into violations of freedom of speech and assembly in Pakistan. The move was commended by the Pakistani American Political Action Committee (PAKPAC) which emphasized the need for bipartisan US support to protect democratic institutions, independent judiciary, freedom of the press, and human rights in Pakistan. [30]

Youm-e-Takreem Shuhada-e-Pakistan

On May 25, Youm-e-Takreem Shuhada-e-Pakistan (Martyrs Reverence Day) was observed to honour and pay tribute to the martyrs who sacrificed their lives while defending the country and its people. In an event at the GHQ with COAS Gen. Syed Asim Munir, prominent personalities such as former COAS Gen. (Retd.) Qamar Javed Bajwa, former CJCSC Gen. (Retd.) Nadeem Raza, Pakistan Cricket Team Captain Mr. Babar Azam, joined the ceremony. [31]

Scores of Desertions from the PTI

Scores of PTI leaders and supporters were arrested the day after in relation to May 09 violence. Eventually this resulted in key PTI leadership resigning from their respective posts through press conferences expressing respect for the Pakistan Army and condemning May o9 violence. Mr. Asad Umar resigned from the party position but did not leave the party while Mr. Shah Mahmood Qureshi, Vice Chairman, remained standing with Mr. Khan.[32]

On May 30, several PTI Senators expressed their condemnation of the attacks on military installations, and one lawmaker presented a resolution in the Senate to condemn the incidents. [33]

Hearings on the ECP Review Petition

On May 3, the Election Commission of Pakistan (ECP) finally filed a review petition before the Supreme Court to reconsider its April 4 order that had set May 14 as the date for general election to the Punjab Assembly.

The review petition argued that changing the election programme fell within the exclusive jurisdiction of the ECP. The review petition argued that all provisions of the Constitution should be read together in harmony to make them effective and meaningful and stated that the SC order lacked jurisdiction and should be revisited. It also argued that since general election for the National Assembly are due in the near future, the ECP requires non-partisan government machinery to conduct fair and lawful elections. If elections were held while governments were in place in the Punjab and the KP, the fairness, objectivity, and integrity of the elections for 72% of the general seats in the National Assembly would inevitably be compromised. . [34]

Hearing the review petition on May 15 by a bench presided by himself and comprising Justice Ijaz-ul-Ahsan and Justice Munib Akhtar, the CJP expressed his regret over the collapse of the first round of dialogue between the ruling coalition and the PTI, which was initiated on the Supreme Court’s advice. He urged political parties to contribute to a peaceful atmosphere and allow the situation to subside. Responding to the insistence of the PTI on application for constitutional provision for election within 90-days, the CJP questioned whether election result would be accepted in such a polarized society. “May 14 date is sacrosanct but what happened (the acts of arson and violence by PTI protesters), one should also think about it,” he added. Citing a decision of Justice (Retd.) Ajmal Mian, CJP Bandial observed that “in times of war, law goes silent, but starts functioning when calmness and peace is restored,” adding that “let’s hope better situation prevails.” The hearing was held as the PDM protests continued at the exclusive entry and exit points meant for Judges of the Supreme Court demanding the CJP’s immediate resignation.[35]

On May 22, both the Federal and Punjab governments submitted written replies to the Supreme Court, supporting the ECP request to review the court’s decision regarding the date of Punjab election. [36]

On May 23, the CJP commended the Federal Government and the ECP for taking the current legal proceedings seriously regarding holding of the May 14 polls. The CJP noted that unlike in the past, both parties did not object to the majority decision and did not demand the formation of a full court on the matter. During the proceedings, the ECP counsel requested the SC to delay the proceedings until the issuance of a detailed judgment on the May 14 matter or at least provide sufficient time to go through the statements filed by the respondents. [37]

On May 25, the CJP expressed regret over the apparent lack of activity, inertia, and assertiveness displayed by the ECP. The CJP made this observation while discussing the government’s recent approval of a supplementary grant of Rs. 20 billion for development schemes of parliamentarians, which was the same amount required by the ECP to conduct election to the Punjab Assembly. The CJP remarked that while the grant for MNAs was a positive step, it raised concerns about the inactivity of the ECP.

When the ECP counsel argued that the political temperature had risen significantly since the events of May 9, and as a result, the ECP needed to reassess the situation before holding the elections, the CJP acknowledged the significance of the May 9 incidents and its impact on the political landscape. He questioned how much postponement or delay in the elections would be tolerable?

Justice Ijaz-ul-Ahsan inquired whether the caretaker government could be allowed to continue for the entire term of the Provincial Assembly, similar to four-and-a-half years, if dissolved after six months of its election? This would enable simultaneous elections to the National and Provincial Assemblies on the same day. The CJP also questioned the permissibility of allowing a caretaker government to continue beyond 90 days, stating that as the guardians of the Constitution, the Supreme Court, has a responsibility to determine the duration for which the Constitution can remain in abeyance.[38]

On May 29, during another hearing of the ECP’s review petition, proceedings were adjourned indefinitely after the Attorney General informed the bench that a new law, the Supreme Court (Review of Judgements and Orders) Act, 2023 was enacted with the assent of the President on May 26.

The law requires that a review petition shall be heard by a Bench larger than the Bench which passed the original judgment or order under Article 184. The law allows the review petitioner the right to appoint any advocate of the Supreme Court of their choice for the review. It also accords the right to file a review petition to any aggrieved person against whom an order has been made under clause (3 ) of Article 184 though the time of review petition is limited to 60 days from the commencement of the Act. It has also introduced the limitation of 60 days for filing of the review petition after passage of the original order.

The bill was passed by the National Assembly on April 14 as a private member bill introduced by Ms. Shaza Fatima Khawaja, MNA while it received the Senate’s approval on May 5.

The law opens up the opportunity for former Prime Minister Mr. Muhammad Nawaz Sharif and PTI’s former Secretary General Mr. Jahangir Khan Tareen who were disqualified for life under Article 62(1)(f) of the Constitution. However, Federal Minister for Law, Senator Azam Nazeer Tarar has said that the law would not benefit them as they have already availed the chance of filing review against their disqualification.[39] A review petition can, however, be filed by both the persons under the new law against the SC judgment making the disqualification for life. Mr. Nawaz Sharif can also file review petition against SC judgment of removing him from the presidentship of PML-N as well.

NSC Meeting

Prime Minister convened the NSC meeting on May 16

A meeting of the NSC was convened by the Prime Minister on May 16, 5 weeks after the previous NSC meeting held on April 6. [40]

The PMO reported that the NSC meeting reiterated a policy of ‘zero-tolerance’ towards violence and extremism in Pakistan. The NSC meeting announced commemoration of May 09 as a black day for the country and condemned the burning down of military installations for ‘personal and political gains.’ While condemning the May 09 attacks on military installations the NSC ‘endorsed the decision’ of invoking the Army Act and the Official Secrets Act against individuals suspected of being involved in the May 9 riots that resulted in damage to state and private properties across Pakistan. [41]

The NSC meeting was attended by the Ministers of Foreign Affairs, Defence, Interior, Law & Justice and Information. Chairman Joint Chiefs of Staff Committee and the three Services Chiefs were in attendance. [42]

Military Leadership was “fully on board” in holding talks with the TTP: Mr. Imran Khan

Former Prime Minister Mr. Imran Khan

While speaking to the news media after a hearing at the IHC on May 4, Mr. Imran Khan claimed that the military leadership at the time was fully supportive of his government’s initiative of holding talks with the banned Tehreek-i-Taliban Pakistan (TTP). He alluded that the military leadership included both the COAS at the time, Gen. (now retired) Qamar Javed Bajwa and the DG ISI at the time, Lt. Gen. (now retired) Faiz Hameed. Mr. Khan also blamed the current government’s “negligence” for resurgence of the TTP. [43]

It must be noted that since the change in command of the Pakistan Army, the coalition government, including the new military leadership, have distanced themselves from the PTI government’s negotiations with the TTP and have blamed the resurgence in terrorism as part of that ‘erroneous’ policy. In the NSC meeting held on April 7, the official communiqué emanating out of the PMO had stated that “the NSC declared the worsening terrorism incidents in Pakistan to be the result of the policy of adopting a ‘soft approach to the TTP which was against the aspirations of the citizens.’ Without stating that the policy was adopted by the previous government, the statement said that ‘the wrong policy of allowing the TTP to not just re-settle in Pakistan but also freeing dangerous TTP criminals from jails has led to increase in terrorism.’ [44]

This position was also reiterated by the DG ISPR in his press conference on April 25 where he had stated that “Holding dialogue with banned TTP was the decision of the then government of Pakistan and they [previous regime] have openly admitted this as well.” [45]

Foreign Minister attends the SCO Council of Foreign Ministers

Foreign Minister of Pakistan Mr. Bilawal Bhutto Zardari, MNA with the Indian External Affairs Minister Mr. S. Jaishankar

Foreign Minister of Pakistan Mr. Bilawal Bhutto Zardari, MNA with the Indian External Affairs Minister Mr. S. Jaishankar

On May 04, Foreign Minister of Pakistan, Mr. Bilawal Bhutto Zardari (BBZ) arrived in Goa, India to attend the two-day meeting of the Shanghai Cooperation Organisation’s (SCO) Council of Foreign Ministers. He was the first Pakistani Foreign Minister to visit India in 12 years since 2011. [46]

In Goa earlier, Mr. Jaishankar and Mr. Bhutto-Zardari posed for a protocol picture but didn’t shake hands. Mr. Bilawal Bhutto Zardari downplayed Mr. Jaishankar not shaking hands with him at the SCO meeting saying we cannot complain about this as Mr. Jaishankar paid greetings to everyone like this so there is no complaint from our side.[47]

At the SCO, Pakistan’s Foreign Minister had said that “terrorism continues to threaten global security. Let’s not get caught up in weaponising terrorism for diplomatic point scoring. He had also said that “Practical, pragmatic solutions exist for us to put an end to this chapter once and for all. We must stop conflating non-state actors with state actors. Condemn all forms of terrorism including state sponsored terrorism.” [48]

The SCO meeting, however, became the venue for an intense face-off between India and Pakistan as the Indian External Affairs Minister Mr. Subrahmanyam Jaishankar accused his Pakistani counterpart of being a “justifier [and] spokesperson of a terrorism industry.”[49]

After the SCO meeting in Goa, Mr. Jaishankar, in a press conference, criticized Mr. Bilawal Bhutto, saying, “As a foreign minister of an SCO member state, Mr Bhutto Zardari was treated accordingly. As a promoter, justifier and, I am sorry to say, spokesperson of a terrorism industry which is the mainstay of Pakistan, his positions were called out, including at the SCO meetings itself.”[50]

Mr. Jaishankar further said, “Jammu and Kashmir, was, is and will always be a part of India, and G 20 Meetings are held in all the Indian states and Union and territories, so it is completely natural it is held there” [51]

On a question that Pakistan and India should sit together, saying, “you know victims of terrorism do not sit together with perpetrators of terrorism to discuss terrorism, victims of terrorism defend themselves counter acts of terrorism they call it out they delegitimatize and that is exactly what is happening, so to come here and preach these hypocritical birds as though we are on the same boat, I mean they are committing acts of terrorism and I mean I don’t want to jump the gun to what happened today (killing of 5 Indian soldiers in Jammu and Kashmir on May 05, 2023), I mean we are all feeling equally outraged, so I think lets be very, very clear on this, on this matter, the terrorism matter, I would say Pakistan’s credibility on terrorism is depleting even faster than its forex reserves”[52]

Mr. Jaishankar, in a reply to a question that is this meeting a breakthrough for the two countries, said that, “he (BBZ) came here as a member of an SCO member state, that is part of multilateral diplomacy, please do not see it anything more than that, it was not meant anything more than that, it was not treated anything more than that, and I think nothing from what he said and what I heard he said ‘deserves’ to be treated more than that” [53]

Responding to criticism from within India, on May 07, Mr. Jaishankar, mentioned the rationale behind inviting Mr. Bhutto Zardari by saying that “we invited the Pakistani foreign minister because there was an SCO foreign ministers’ meeting. When it comes to multilateral meetings, you invite people to discuss that subject. He (Bilawal Bhutto) was invited in his capacity as a representative of Pakistan to put across his views on matters pertaining to the issues pertaining to SCO. We could differ…he may have his viewpoint, I may have my own viewpoint and there’s an SCO meeting room where we would discuss and differ. That’s one thing,”[54]

Soon after Pakistan’s Foreign Minister returned to Pakistan, Indian External Affairs Minister said that terrorism in all its forms, including cross-border terrorism, must be stopped.

Mr. Bilawal Bhutto Zardari, in a detailed press conference, called it ‘a sense of insecurity’ as the reason behind incensed remarks by his Indian counterpart adding that he succeeded in “countering the false narrative” of Narendra Modi’s government that every Muslim was a terror suspect and exposing Delhi’s history of defiance of bilateral and international agreements.[55] He also said that a “bipartisan approach across the geopolitical divide” was needed to address terrorism adding that “we will have to combat it together as one and will keep being victims to it if we remain divided.” . He also added that another “lie” that India was trying to spread was that the United Nations Security Council’s resolutions, international laws and bilateral agreements held no importance, adding that Pakistan’s representatives continued to counter India’s narrative on Kashmir. He said that what frustrated India was the refusal of Pakistanis and Kashmiris to accept the Indian government’s actions of August 5, 2019, when it revoked occupied Kashmir’s special status, adding that the development had instead given “new life” to the Kashmir cause. Mr. Bhutto Zardari said, that “as Pakistan’s representatives, we talk on terrorism and Kashmir, counter their (India) propaganda and one-sided message so that is why maybe the Indian FM seemed so emotional to you in his press conference,”[56]

In an interview with The Hindu in Goa, Mr. Bhutto-Zardari said that India’s decision to break up Jammu and Kashmir in August 2019 made it “difficult” for those in Pakistan who advocated engagement in the past. He also said that “there is genuine willingness on the Pakistan side, to address all issues and resolve all issues through dialogue. But the actions on August 5 really slammed the door shut on that process.” [57]

LHC nullifies de-notifying of PTI MNAs

On May 19, the Lahore High Court (LHC) nullified the decisions of the ECP to accept the resignations of 72 Punjab MNAs belonging to the PTI. A single bench led by Justice Shahid Karim announced the order in response to petitions filed by PTI MNAs Mr. Shafqat Mahmood and Mr. Riaz Ahmad Fatyana.

Earlier, the PTI Chairman had announced that his party MNAs would return to the National Assembly to address alleged human rights violations and attempts to suppress the PTI, but he himself would not go to the house, as he believes it has lost its political and legislative relevance for the country. PTI Senator Barrister Syed Ali Zafar, speaking to the media, stated that the MNAs could now resume their constitutional duties in the National Assembly. He argued that the MNAs had resigned collectively on the party’s instructions to press for fresh elections. The petitioners claimed that they had withdrawn their resignations on television and had also informed the Speaker in writing about their decision. The lawyer contended that the Speaker could not accept the resignation of any MNA without following the constitutional procedure, which had been upheld in previous decisions by the Supreme Court and High Courts. [55]

It is expected that the single-bench order is likely to be challenged. The Speaker National Assembly, Raja Pervez Ashraf, MNA, had maintained that the PTI MNAs would remain as “strangers in the house” within the parliamentary domain.

Sindh Assembly amends the Sindh Local Government Act (SLGA) 2013

On May 11, the Sindh Assembly unanimously passed an amendment to the Sindh Local Government Act (SLGA) 2013, allowing any person who has not been directly elected as chairman or vice chairman of a union committee/council (UC) in Sindh to become mayor/deputy mayor and chairman/vice chairman of a district municipal corporation or district council. The amendment was supported by MPAs belonging to the PPPP, MQMP, GDA, and one lone member of JI, Syed Abdul Rasheed as reported by Dawn. The PTI MPAs were not part of the session.[59]

The amendment requires an individual to be elected as a member of the respective council within six months to continue holding the office. Under the previous SLGA 2013, only individuals serving as chairman of a UC within the jurisdiction of a metropolitan corporation were eligible to contest mayoral elections. However, the new legislation removes this requirement allowing any person to run for the position of mayor.

The Commission on Audio Leaks

On May 26, a Supreme Court bench, led by the CJP Bandial stayed the proceedings of the Judicial Commission formed earlier by the Federal Government to investigate the authenticity of recent audio leaks allegedly involving politicians and judges. The Supreme Court bench also suspended the Federal Government’s May 19 notification appointing the Commission and halted the implementation of the May 22 order issued by the Commission. [57]

The Federal Government had announced the formation of a three-judge commission headed by Justice Qazi Faez Isa to investigate audio clips that had been leaked on social media over several months. The commission was established under Section 3 of the Pakistan Commission of Inquiry Act 2017 and was given a deadline of one month to complete its investigation. The Commission included Chief Justice of the Balochistan High Court Justice Naeem Akhtar Afghan and the Chief Justice of the Islamabad High Court Justice Aamer Farooq as members.[58]

On May 22, Commission decided that its proceedings would be made public as it held its first session and clarified that it did not have the same authority as the Supreme Judicial Council. [59]

On May 29, the CJP remarked stating that the Supreme Court did not intend to invalidate the Justice Qazi Faez Isa-led commission established by the government to investigate audio leaks. The decision to stay the proceedings was primarily aimed at safeguarding the independence of the judiciary. [60]

On May 30, Mr. Najam Saqib, son of former Chief Justice Saqib Nisar, filed a petition with the IHC against a National Assembly Special Committee that was tasked with investigating an alleged audio leak involving him. [61] The National Assembly Speaker, on May 03, had formed a ten-member Special Committee to investigate an audio leak related to the distribution of PTI tickets. [62]

Parliament passes NAB (Amendment) Law again

On May 15, a joint session of the Parliament passed an amendment of the National Accountability (Amendment) Bill, 2023. The bill earlier passed by both houses was returned by President Dr. Arif Alvi. [63]

Pakistan at 150th position in the World Press Freedom Index

The 2023 World Press Freedom Index released by Reporters Without Borders (RSF) on World Press Freedom Day has placed Pakistan at the 150th rank out of 180 countries and territories. Pakistan had earlier ranked at 157th number. [64]

Special Corps Commanders Conference

Screengrab of the Special Corps Commander Meeting

The ISPR reported that on May 15, General Syed Asim Munir, Chief of Army Staff (COAS), presided over a Special Corps Commanders Conference held at the GHQ where participants “paid rich tribute to the Shuhada.” [65]

The statement emanating from the Conference also stated that the forum was briefed in detail about the prevailing internal and external security environment. Forum took comprehensive stock of the Law and Order situation in the past few days that was ‘created to achieve vested political interests.’” The forum was briefed that a “well coordinated arson plan involving desecration of Shuhada pictures, monuments, burning down of historical buildings and vandalism of military installations was executed to malign the institution and provoke it towards giving an impulsive reaction.” The conference “condemned, in the strongest possible sense, these politically motivated and instigated incidents against military installations and public / private properties. It added that “the Commanders also communicated the anguish and sentiments of the rank and file of the Army on these unfortunate and unacceptable incidents.”

The press release went on to say that the “Based on the irrefutable evidence collected so far, Armed Forces are well aware of the planners, instigators, abettors and perpetrators of these attacks and attempts to create distortions in this regard are absolutely futile.” The Conference expressed firm resolve that those involved in these heinous crimes against the military installations and personal/ equipment will be brought to justice through trials under “relevant laws of Pakistan including Pakistan Army Act and Official Secret Act.” “Restraint will no longer be exercised against perpetrators, spoilers and violators who attack military installations and setups under any circumstances.”

The conference emphasized the “need of national consensus amongst all stakeholders to address ongoing political instability at priority so as to restore public confidence, reinvigorate economic activity and strengthen democratic process.” The commanders “resolved to support all such efforts to reach this much needed consensus.”

Silver Jubilee of Youm-i-Takbeer commemorated

Prime Minister Mr. Muhammad Nawaz Sharif at the site of nuclear testing of Pakistan in 1998

On May 28, President, Prime Minister, and the Armed Forces of Pakistan paid tribute to the scientists, engineers, political leaders, and military leadership who were involved in achieving nuclear capability for Pakistan as a commemoration of the nuclear testing by Pakistan in 1998. [66]

In a press release, the ISPR said that “today, the complete Pakistani nation celebrates the Silver Jubilee of Youm-e-Takbeer and commemorates the remarkable achievement of establishing Credible Minimum Deterrence.” It added that the Armed Forces pay “rich tribute to the brilliant minds who conceived and achieved this accomplishment under daunting challenges. We salute the scientists and engineers who turned the impossible into a reality. Long Live Pakistan.” [67]

Corporate Land Transfer to the Army

Caretaker Cabinet of the Punjab

On May 29, the caretaker government of the Punjab presented documents to the Lahore High Court (LHC) revealing that a ministerial committee convened in 2022 to modify the terms and conditions for corporate farming under the China-Pakistan Economic Corridor (CPEC), did not formally record its minutes.

The caretaker government of the Punjab had decided to lease 45,267 acres of land to the Pakistan Army for corporate farming which has been challenged in the LHC which had stayed the decision.

When the LHC asked about the names of the Provincial Ministers who attended the October 14, 2022 meeting, a law officer stated that Mr. Mohsin Leghari and Raja Basharat were in attendance, though the latter did not sign the attendance sheet.

A summary prepared by the member (colonies) of the Board of Revenue (BoR) in February 2023 mentioned that the ministerial committee discussed the matter during its October 2022 meeting and directed relevant officials to review the amended statement of conditions and present it before the Provincial Cabinet. However, no formal minutes were recorded for that meeting. The court was further informed that on June 25, 2021, the BoR submitted a summary to the then Chief Minister Mr. Usman Buzdar regarding the promotion of corporate agriculture farming. The summary proposed the placement of the statement of conditions before the standing committee of the cabinet on legislative business, and the proposal was approved by the Chief Minister at the time. The caretaker government later decided in 2023 to lease the land to the Pakistan Army for 20 years (with the possibility of a 10-year extension) in three districts: Bhakkar, Khushab, and Sahiwal. [68]

Speaker National Assembly meets Foreign Dignitaries

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan
  1. On May 02, Ambassador of Hungary to Pakistan met with Speaker National Assembly at the Embassy of Hungary, Islamabad.[69]
  2. On May 10, Dr. Abdullah Mohammad Al-Sheikh, Chairman of Majlis-e-Shura of Kingdom of Saudi Arabia, accompanied by a Saudi parliamentary delegation called on Speaker National Assembly at the Parliament House, Islamabad.[70]
  3. On May 10, H.E. Dr. Joseph Kizito Mhagama, MP and Chairperson Governance, Constitution and Legal Affairs, Parliament of Tanzania called on Speaker National Assembly at the Parliament House, Islamabad.[71]
  4. On May 10, Mr. Slloum Al Salloum, Secretary of the Board, accompanied by a Syrian Parliamentary delegation called on Speaker National Assembly at the Parliament House, Islamabad.[72]
  5. On May 10, Parliamentary Delegation from the Kenyan Parliament called on Speaker National Assembly at the Parliament House, Islamabad.[73]
  6. On May 10, Mr. Adil Abish Oglu Aliyev, Deputy Speaker of the Milli Majlis of Azerbaijan called on Speaker National Assembly at the Parliament House, Islamabad.[74]
  7. On May 10, H.E Ajit Rajapakse, Deputy Speaker of Parliament of Sri Lanka called on Speaker National Assembly at the Parliament House, Islamabad.[75]
  8. On May 11, Mr. Atazov Shailoobek, MP, Chair of International Affairs, Defence Security and Immigration Committee of Parliament of Kyrgyz Republic called on Speaker National Assembly at the Parliament House, Islamabad.[76]
  9. On May 11, Mr. Vatanzoda Mahmadali, First Deputy Chairman of the Majlisi Namoyandagon Majlisi Oli led delegation from the Republic of Tajikistan called on Speaker National Assembly at the Parliament House, Islamabad.[77]
  10. On May 11, Sheikh Dr. Al-Khattab bin Ghalib bin Ali Al-Hinai, Deputy Chairman State Council of Oman called on Speaker National Assembly at the Parliament House, Islamabad.[78]

Chairman Senate meets Foreign Dignitaries

Senator Muhammad Sadiq Sanjrani, Chairman Senate of Pakistan
  1. On May 02, Ambassador of the Islamic Republic of Iran, Seyed Mohammad Ali Hosseini, called on Chairman Senate at the Parliament House, Islamabad.[79]
  2. On May 04, Delegation of Baysu, Water Treatment System of Türkiye, called on Chairman Senate at the Parliament House, Islamabad.[80]
  3. On May 23, Mr. Andrew Dalgeish, UK Acting High Commissioner, called on Chairman Senate at the Parliament House, Islamabad.[81]
  4. On May 23, Mr. Ali Ehsan Rind, Country Head Pakistan, Barrick Gold called on Chairman Senate at the Parliament House, Islamabad.[82]

Interactions of COAS with Foreign Dignitaries

General Syed Asim Munir, Chief of Army Staff
  1. On May 06, Acting Afghan Minister for Foreign Affairs, Amir Khan Muttaqi, called on Chief of the Army Staff General Syed Asim Munir at the GHQ.[83]
  2. On May 06, the Chinese State Councillor and Foreign Minister H.E. Qin Gang called on Chief of the Army Staff General Syed Asim Munir at the GHQ.[84]
  3. On May 07, Chief of the Army Staff General Syed Asim Munir called on the UAE President Sheikh Mohamed bin Zayed Al Nahyan at Za’abeel Palace, UAE.[85]
  4. On May 08, Chief of the Army Staff General Syed Asim Munir called on Chief of Staff of the Sultan’s Armed Forces (SAF) Vice Admiral Abdullah Khamis Al Ra’eesi at Mr. Al Raeesi’s office at Al Murtafaa Garrison in Muscat.[86]
  5. On May 08, Chief of the Army Staff General Syed Asim Munir met with Commander of the Royal Army of Oman (RAO) Major General Mattar Salim Al Balushi at Al Murtafaa Garrison in Muscat.[87]
  6. On May 14, President of the UAE Sheikh Mohamed bin Zayed Al Nahyan called Chief of the Army Staff General Syed Asim Munir on telephone and assured him of his country’s “commitment to supporting all that achieves unity and stability” in Pakistan.[88]
  7. On May 31, General Sir Patrick Nicholas Yardley Monrad Sanders, Chief of General Staff (CGS) UK Army called on Chief of the Army Staff General Syed Asim Munir at the GHQ.[89]

Prime Minister’s Interactions with COAS

General Syed Asim Munir with PM, Mr. Muhammad Shehbaz Sharif

Prime Minister Mr. Muhammad Shehbaz Sharif met and interacted with Chief of the Army Staff General Syed Asim Munir four (4) times during May 2023:

  1. On May 02, the COAS called on the PM at PM House, Islamabad. Defence Minister Khawaja Muhammad Asif was not present in the meeting[90]
  2. On May 16, the COAS called on the PM at the PM House, Islamabad. Defence Minister Khawaja Muhammad Asif was not present in the meeting[91]
  3. On May 16, the COAS was part of the NSC meeting convened by the PM. Defence Minister Khawaja Muhammad Asif was present in the meeting. [92]
  4. On May 25, the COAS was with the PM at the Martyrs Day – or Youm-i-Takreem-i-Shuhada-i-Pakistan, GHQ, Rawalpindi. Defence Minister Khawaja Muhammad Asif was also present on the occasion. [93]

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