Update on The Performance of Democratic Institutions | May 2024

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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.

  • Anniversary of May 09: To Apologise or not Apologise
  • Who is the real traitor: General Yahya Khan or Sheikh Mujib-ur-Rehman: Imran Khan
  • My only regret is trusting General Bajwa: Imran Khan
  • “Well aware of [our] limit” and expect others to uphold the Constitution: COAS
  • Need for early hearing of the military court cases: Justice Shahid Waheed
  • SC suspends judgement to deprive SIC of reserved seats
  • SC takes exception to findings of the Faizabad sit-in Commission
  • Parliament lacks the legislative competence to make the Supreme Court (Practice and Procedure) Act 2023: Justice Ayesha A. Malik
  • SC judges blast earlier judges for being complacent towards attack on judiciary
  • Pakistanis own properties worth US $ 11 billion in Dubai
  • IHC approved bail application of Mr. Imran Khan in the 190 million pound corruption case
  • Media Freedom
  • Mr. Nawaz Sharif, newly elected PML-N President, demands action against former SC judges
  • Black Sheep in Higher Judiciary: PM
  • Punjab Assembly passes Defamation Bill, 2024
  • 10th meeting of the SIFC Apex Committee
  • Elections Act (Amendment) Ordinance 2024 and NAB (Amendment) Ordinance 2024 promulgated
  • Live telecast of all cases relating to enforced disappearances: IHC
  • No live-streaming of the NAB amendment case: SC
  • SC’s displeasure over statements of British High Commissioner
  • Telecom companies barred from recording citizens’ telephone conversations for surveillance
  • 83rd Formation Commanders Conference
  • Speaker National Assembly meets Foreign Dignitaries
  • Chairman Senate meets Foreign Dignitaries
  • Interactions of COAS with Foreign Dignitaries
  • Prime Minister’s Interactions with COAS
  • Putin removes his long-standing defence minister

Anniversary of May 09: To Apologise or not Apologise

May 9 riots: govt to mark 'black day' today - Business Recorder

On May 07, Maj. Gen. Ahmed Sharif, Director General of the Inter-Services Public Relations (ISPR), just before the first anniversary of the May 9, 2023 riots, condemned the violent protests on May 9, 2023 and said that the PTI must publicly apologize and commit to constructive politics.

Jo qaum ki fauj, isi qaum ke shaheedon ki tazheek karen, jaise aapane kaha isi kaum ki fauj ko bari dhamkiyan de, propaganda karen to uss se koi baat cheet nahin karega. Aise siyasi inteshari tolay sirf ek hi rasta hai ke woh sache dil se mafi mange qaum ke samne aur yeh vada karen ke woh nafrat ki siyasat ko chhor kar tamiri siyasat main hissa le. Aur vaise bhi jo baat-cheet hai woh siyasi parties ko aapas mein zaib deti hai. Iss mein fauj ya idaray bilkul bhi munasib nahin hai ki baat-cheet mein aayen.[1]

Those who insult the country’s armed forces, ridicule and insult its martyrs, and like you said, those who threaten the country’s armed forces and indulge in propaganda against them, no one will talk to or engage in a dialogue with such a group. Such a miscreant political group has only one option: to sincerely apologise from the nation and promise that they would leave the politics of hate and indulge in meaningful and constructive politics. Moreover discussion and dialogue is suitable among political parties only. It is not suitable for the armed forces or the institution to engage in such a dialogue.

On May 8, a day after the ISPR presser, Mr. Imran Khan refused to apologize for the May 9 riots. In a statement, he asserted that he was under detention at the time of the protests and unaware of them. He condemned the violent protests once he learned about them. Mr. Imran Khan expressed readiness to face an inquiry into the PTI’s 2014 sit-in. He stated that allegations against him regarding the 2014 sit-in were proven wrong. The sit-in was staged to protest the 2013 elections. He said that if the establishment is not interested in dialogue, the PTI would not pursue it either. He emphasized that his call for dialogue was for Pakistan’s benefit, not for personal favours. He clarified that he has no issues with the army, highlighting his close relatives in the armed forces and bureaucracy. Mr. Imran Khan claimed the 2024 elections were fraudulent, referencing reported disclosures about Form-47 by the former caretaker prime minister. He alleged that some of the PML-N leaders indicated elections would not be held until Justice Qazi Faez Isa became the chief justice. [2]

Former President Dr. Arif Alvi maintained his position of initiation of an impartial investigation into the May 9 events and urged bringing the perpetrators to justice. Dr. Alvi also suggested that those with real power should initiate the dialogue process.[3]

In his press conference, DG ISPR had also stressed that the perpetrators and their leaders responsible for events of May 9 must be brought to justice to maintain trust in Pakistan’s justice system. He underscored that the events of May 9 were well-documented and evident to the public. He compared the May 9 riots with similar incidents in the UK (2011 riots), US (Capitol Hill attack in 2021), and France (June 2023 riots), noting that judiciaries in those countries swiftly acted to punish culprits as per the law.

In response to the PTI’s demand for a judicial commission to investigate the May 9 riots, DG ISPR disagreed with its need but said that if it were to be formed, it should also investigate past incidents like 2014 PTV attack and instances of civil disobedience, use of KP Government’s resources in the 2016 and 2022 Islamabad attacks, letters to the IMF and foreign lobbying against Pakistan for loans.

“Jo sabke samne hua, per abhi mazid judicial commission banana he, behas kar dete hain kaun tha? kya tha, kaise tha, kisne karaya? Tau main to yeh arz kar raha hun ke uska koi faida nahin, lekin agar banana hai, go back then find out kis tarike se hum yahan tak kaise pohnchey.”[4]

Everything happened in front of everyone [on May 09, 2023] but yet there is more reason to make a judicial commission? Let us argue who did it, what happened, who orchestrated it? I am humbly submitting that there is no point in forming a judicial commission. But if someone wishes to do so, then the commission must go back and find out how did we reach May 09.

DG ISPR also said that “agar judicial commission banana hai tu phir iss puray waqiye ki teh tak jaein. Woh judicial commission iss baat ka ehata kare ke 2014 ka dharna, iss ke maqasid kia thay? Woh iss baat ka bhi ehata kare ke parliament pe hamla kaise hua aur kaise karaya gia. Woh PTV pe hamle ka bhi ehata kare. Kis tarah logon ko ye himat di gai, kis tarah logon mein ye ansar dala gia ke aap riasat ke khilaf khare hon, passport jaleyen, civil disobedience karein, bijli ke bill jalayen, kis tarah 2016 mein KP ke reources, sarkari wasial ke sath, dara-lkhilfa pe dhawa bola gia. 2022 mein dobara Islamabad pe dhawa bola gia. Woh judicial commission iss baat ka bhi ehata kare, woho ye bhi dekhe kaise IMF ko khatoot likhe gaye, bahir lobbying ki gai firmon ke zariye ke Pakistan ko diwaliya honay dia jae.”

If a judicial commission is to be formed, it should look at what was the real objective behind [PTI’s] 2014 dharna. That judicial commission should also decide how Parliament was taken under siege. It should also look at about the attack on PTV, how people were instigated to stand against the State, to do civil disobedience, to burn passports and electricity bills. In 2016, how KP government’s resources were used to attack the capital of the country. In 2022, how the capital was again taken under siege. The judicial commission should also decide how letters were written to the IMF and international lobbying was done with the help of firms to make Pakistan bankrupt.

Maj. Gen. Sharif accused the PTI of lying and spreading propaganda against the Army, its leadership, and institutions. He dismissed claims that the May 9 events were a false flag operation. He also refuted allegations that Pakistan had handed over airbases to the United States, affirming no such bases existed or would exist in the future. He justified the closure of social media platforms like Twitter, stating it was a well-considered decision by the regulator and relevant departments due to serious concerns.

DG ISPR also dismissed the PTI’s claim of winning the majority in general election stating that only 7.5 percent of the population voted for the PTI. [5]

DG ISPR said that “un ka ye byaniya ulta ho gaya. Uss party [PTI] ko parey saray 8 million votes jo ke qul mila ke banta hai 31%. Tau jo 69 to 70 % vote hai woh uss byaniye ko nahi para. Ham jamhuriat mein rehte hain, aksariyat kidhar hai? Woh to udhar hai. Aur agar main iss abadi ke tanasub se dekhun, Pakistan ki qul abadi ka yeh 7.5 % banta hai. Merey bhai jo 92-93 % aap ki abadi hai usne to uss byaniyeh ke sath khari nahin hui.”

Their (PTI’s) narrative did not work. They acquired 8 million votes, which is 31% of the total. It means that 69 to 70 % of the people did not vote for this (PTI’s) narrative. We live in a democracy where majority is with the 69 to 70 % narrative. If I look at it from proportion of the population, then its 7.5 % of Pakistan’s total population which means 92 to 93 % of your population which did not stand with that (PTI’s) narrative.

On the anniversary of May 09, Prime Minister called May 09, 2023 riots a “rebellion against Pakistan” and the Chief of Army Staff and ruled out any compromise or deal with the “planners and architects.” [6]

President Asif Ali Zardari said in a statement that May 9, 2024 will always be remembered as a dark day in Pakistan’s history when a “politically instigated mob ran amok” damaging public property and military installations.[7]

Addressing a public rally on May 09, KP Chief Minister Mr. Ali Amin Khan Gandapur, claimed that he was not involved in the May 09 violent protests. He added if a fair investigation finds him guilty of involvement in the May 9 mayhem, he should be hanged.” [8]

Addressing officers and soldiers at the Lahore Garrison on May 09, General Syed Asim Munir highlighted that inimical forces and their supporters are engaging in digital terrorism and are attempting to create a division between the Armed Forces and the people of Pakistan through lies, fake news, and propaganda. He declared May 9 as a black day in Pakistan’s history and said that the orchestrated violence gave enemies of Pakistan an opportunity to mock the State and nation, adding same plotters are now trying to twist the narrative and implicate the state.

The COAS also said that there can be no compromise or deal with those responsible for this dark chapter in history. He condemned the masterminds for using gullible individuals as tools for their political ambitions. He added that while some individuals used in the violence have been given the benefit of doubt, the real leaders with irrefutable evidence of involvement will be held accountable. He also warned that the Army’s patience in the face of daily provocations is not a sign of weakness.[9]

On May 08, some opposition leaders collectively called for the complete implementation of the Constitution and criticised the military’s interference in political affairs. The leaders were speaking at a seminar titled “Tahafuz-i-Aain-i-Pa­kistan: Kaise aur Kyun.”[10]

Who is the real traitor: General Yahya Khan or Sheikh Mujib-ur-Rehman: Imran Khan

FIA Urged To Probe Sheikh Mujeeb Video Posted By Imran Khan's Social Media  Account

On May 27, a video was posted from Mr. Imran Khan’s official X (formerly twitter) account with the message that “Every Pakistani should study the Hamood ur Rahman Commission report and get to know who was the true traitor, General Yahya Khan or Sheikh Mujibur Rahman.” [11]

The uploaded video mentioned that Pakistanis have always been told that Sheikh Mujeeb ur Rehman was the person behind the fall of Dhaka in 1971, but the role of General Yahya Khan, former COAS and President and senior army officials who were the real architects behind the fall is never mentioned. The video claimed that according to the Hamood ur Rahman Commission report, it was General Yahya Khan who initiated crackdown against his own people and divided the nation. Along with his senior military officials, he initiated operation search light which took the rebellion in East Pakistan as an excuse and executed countless Bengali officials, intellectuals, Hindu minorities and businessmen along with orchestrating rape of countless Bengali women and burying them in mass graves.

The Video further questioned as to what was the original sin of Sheikh Mujeeb ur Rehman? That people of Pakistan made him victorious on maximum number of seats? According to democratic norms his party, Awami League, should have been in the government but sadly he was declared a traitor, though the real traitor is General Yahya Khan.

At the end of the video, an image of current Army Chief, General Syed Asim Munir, COAS appeared with a message that in current times, one who considers himself as king of the jungle and the State has stolen the mandate of people in General Election 2024 and has given power to a very weak and rejected minority. [12]

Criticising the video, Federal Minister of Defence, Khawaja Mohammad Asif, MNA urged Mr. Khan to “stay quiet” if he wants to de-escalate the situation claiming Mr. Khan wanted to create another May 9, 2023 like situation in the country. Senator Irfan Siddiqui of the PML-N said that Mr. Imran Khan had to answer for what he had posted on social media.[13] On May 30, media reported that the FIA Cyber Crime Wing was directed to take action against Mr. Imran Khan due to his controversial social media post.[14] On May 31, an FIA team visited Adiala Jail, Rawalpindi in a bid to question Mr. Khan regarding the post. However, sources said that Mr Khan refused to meet the investigators, saying he will only meet them in the presence of his lawyer. [15]

Initially, the PTI leaders including Chairman, Barrister Gohar Ali Khan, MNA, Mr. Ali Muhammad Khan and party spokesperson, Mr. Raoof Hasan had insisted that Mr. Imran Khan did not have access to his X (formerly Twitter) account and the post had been put up by “someone else.” Mr. Ali Muhammad Khan of the PTI maintained that it had been decided that in the future that no post would be uploaded on Mr Khan’s official X account without his consent. [16] However, Mr. Zain Qureshi, MNA said that no content was uploaded on Mr. Khan’s account without his consent.

On May 31, the PTI officially owned Mr. Khan’s post and demanded exactly what was initially called for, that people read the Hamoodur Rehman Commission report and the military should work within its constitutional limits. The party’s statement compared the country’s political scenario of the past two years with 1971 adding that the most important aspect of 1971 was rejection of the people’s mandate which is also presently prevailing in the country.

My only regret is trusting General Bajwa: Imran Khan

PM Imran says 'establishment' gave him three options: resignation,  no-confidence vote or elections - Pakistan - DAWN.COM
Mr. Imran Khan, former Prime Minister

On May 30, PTI founder, Mr. Imran Khan has said that his only regret from his time in power was trusting former Chief of the Army Staff General (Retd.) Qamar Javed Bajwa. He said this in an interview with journalist Mr. Mehdi Hasan for Zeteo. The interview was conducted through a letter Mr. Mehdi Hasan sent with questions for Mr. Imran Khan. This was a one liner response by Mr. Khan in response to the question whether he had any regrets.

Mr. Imran Khan termed Gen. (Retd.) Bajwa to be responsible for “creating lies and false narratives” allegedly to secure a second extension as the military head. He also blamed Gen. (Retd.) Bajwa for his imprisonment and responded that the ordeal he was facing was orchestrated by Gen. (Retd.) Bajwa, who had “meticulously planned and executed this scheme, presenting himself as a deceitful figure, creating lies and false narratives to cause national and international chaos — all to secure his extension.

When asked whether he still believed the administration of US President was involved in a coup to remove him from office, Mr. Imran Khan responded that it was Bajwa who single-handedly spread stories about him to countries like the US, painting him as anti-American or uninterested in good relations with them.[17]

“Well aware of [our] limit” and expect others to uphold the Constitution: COAS

https://ispr.gov.pk/archive_images/13682.jpeg

At the passing-out parade of the Pakistan Air Force cadets at the Asghar Khan Academy in Risalpur on May 02, Chief of Army Staff Gen. Syed Asim Munir said that the military was “well aware of its limits” and expects others to uphold the Constitution.

Army Chief said that Article 19 of the Constitution has unambiguously drawn limits to freedom of expression and speech which must not be misconstrued as freedom of expression of venom against others. He added those who blatantly trample the same very Constitution on a daily basis in one way or the other cannot and should not issue sermons to others towards its adherence.

Gen. Syed Asim Munir also said the Pakistani nation confronted multi-dimensional threats in the forms of terrorism, shadow proxies, challenging economic environment, despicable propaganda amplified by social media and false narratives being spread by misguided elements of the society. He urged officers not to fall prey to misguided, misdirected, factually incorrect, and politically-motivated propaganda asking them to develop “critical minds to navigate through blurring lines between reality, perception and blatant falsehood.” [18]

Need for early hearing of the military court cases: Justice Shahid Waheed

Military Courts for Speedy Trial and Justice | Pakistan Today

On May 04, in his additional note which was part of the five-page SC order released, Justice Shahid Waheed, a judge of the Supreme Court, highlighted the need for early hearing of the case on military courts since it involved lives and liberties of citizens. The order pertained to the April 24, 2024 hearing of a set of Intra-Court Appeals (ICA) against the October 23, 2023 hearing of declaring as illegal the military trials of civilians.

A six-judge bench, headed by Justice Aminuddin Khan, ordered on April 24, 2024 that the ICAs be placed before a three-judge committee set up under Section 2 of the SC (Practice and Procedure) Act, 2023 by the SC registrar for consideration of the reasons advanced by the defence counsel for the constitution of a larger bench.[19]

SC suspends judgement to deprive SIC of reserved seats

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On May 06, a three-member Supreme Court bench headed by Justice Syed Mansoor Ali Shah and comprising Justice Muhammad Ali Mazhar and Justice Athar Minallah suspended the judgement of the Peshawar High Court which had upheld the ECP decision on non-allocation of reserved seats to the Sunni Ittehad Council (SIC). [20]

The order, to operate prospectively from the date of issuance, allowed appeals and stated that the issue of reserved seats touches upon the “foundational constitutional concept of a parliamentary democracy that the voice of the electorate is truly reflected in the composition of the assemblies. Democratic mandate necessitates that the allocation of reserved seats enhances the representativeness of the electorate in the assemblies and upholds the principles of fairness and transparency in the electoral process. It is paramount to prioritize the integrity of the elections so that the Parliament remains a true reflection of the will of the people.” [21]

On May 31, a 13-member full-court bench of the Supreme Court headed by the CJP was formed to hear a plea filed by the SIC. [22]

The order directed the current petitions to a three-judge committee for constitution of a larger bench, as suggested by Attorney General for Pakistan (AGP). In a response, however, Federal Minister for Law and Justice Senator Azam Nazeer Tarar urged the SC to avoid interfering in the Parliament’s legislative domain and emphasized that courts should exercise caution when curtailing elected members’ rights to legislate. Citing Article 67 of the Constitution, Senator Tarar suggested that a five-judge bench, rather than a three-judge bench, should handle the matter under the Practice and Procedure Act, given the constitutional implications. [23]

On May 13, the ECP suspended victory notifications of as many as 77 members of the national and provincial assemblies on reserved seats. The suspended lawmakers include 44 from the PML-N, 15 from the PPPP, 13 from the JUIP and one each from the PML-Q, the IPP, the PTI-P, the MQM-P and the ANP. This resulted in the ruling coalition losing two-thirds majority in the National Assembly with its numerical strength shrinking to 209 from 228. The change was expected to further delay in the formation of departmental standing committees which were already suffering from initial delay as these needed to be formed within 30 days after the election of the PM. [24]

SC takes exception to findings of the Faizabad sit-in Commission

SC Slams Faizabad Dharna Commission For 'Biased' Report That Gave Clean  Chit To Lt Gen Faiz Hameed

On May 06, the Supreme Court took exception to the Faizabad sit-in commission’s findings, stating that the commission ventured beyond its mandate and seemed to use its authority to “settle personal scores.” When asked whether the federal government endorsed the commission’s findings and whether the report should be made public, the AGP opined that the report lacked substance and did not adhere to its terms of reference (ToR).

The report, submitted in eight volumes on March 6, 2024, by the three-man commission formed in November 2023, was deemed a waste of the nation’s time by the bench led by the CJP. The commission consisted of former IGPs Dr. Syed Akhtar Ali Shah (chairman) and Tahir Alam Khan, and serving Additional Secretary Interior Khushal Khan.

The SC ordered copies of its initial observations to be provided to the commission members, allowing them to respond either in writing or in person. The CJP observed that the commission deviated from its mandate, failing to treat individuals equally. Some individuals were questioned under oath, while others, like ex-DG Inter-Services Intelligence (ISI) Lt. Gen. (Retd.) Faiz Hameed, received questionnaires. Notably, no members from the Tehreek-i-Labbaik Pakistan (TLP) were summoned to record statements. The commission incorrectly assumed that the right to protest or travel to Islamabad for protest was prohibited by the Constitution.[25]

On May 21, the federal cabinet formed a new committee to look into the report of the Faizabad sit-in Inquiry Commission and recommend further action. The cabinet members expressed similar disapproval of the report and said the commissions “had not adhered to its Terms of Reference”. [26]

Parliament lacks the legislative competence to make the Supreme Court (Practice and Procedure) Act 2023: Justice Ayesha A. Malik

A Conversation with Mrs. Justice Ayesha A. Malik of the Supreme Court of  Pakistan, chaired by Prof. Mindy Chen-Wishart, Dean of the Faculty of Law,  University of Oxford | Faculty of Law
Justice Ayesha A. Malik, Supreme Court Judge

On May 07, Justice Ayesha A. Malik ruled that the Parliament lacked the legislative competence to enact the Supreme Court (Practice and Procedure) Act 2023, declaring the act ultra vires (beyond the powers) of the Constitution. She emphasized that the rule-making power under Article 191 of the Constitution is exclusively within the domain of the Supreme Court and is directly linked to the judiciary’s independence.

On October 11, 2023, a 15-judge full court of the Supreme Court had issued a split decision on the PDM coalition-made law to regulate the affairs of the top court, with a caveat that appeals against decisions under Article 184(3) would not be retrospective.

In her 32-page note, Justice Malik reiterated that judicial independence is a fundamental right and that issues related to the judiciary’s independence, structure, and functioning are of public importance. She questioned the right of appeal under Section 5 of the Act, stating that the right became redundant when all judges sat on a petition under Article 184(3). This deprived parties of the appeal right granted by the Act. Justice Malik argued that by granting a right of appeal, the legislature encroached upon the Supreme Court’s core function, violating the principles of judicial independence and the separation of powers. Justice Shahid Waheed emphasized the importance of judicial independence and autonomy, asserting that courts must perform their functions free from all interference. Justice Shahid further stated that judicial autonomy is non-negotiable, describing it as the soul and inner strength of the Supreme Court. Justice Waheed referenced Article 175(3), which mandates the separation of the judiciary from the executive, underlining the necessity of this separation to maintain judicial independence.[27]

SC judges blast earlier judges for being complacent towards attack on judiciary

SC to form full court bench in suo moto hearing on judges letter against  spy agency

On May 07, the Supreme Court resumed suo motu proceedings initiated after a March 25, 2024 letter from six Islamabad High Court (IHC) judges about interference in judicial affairs. The six-member bench was headed by the CJP and included Justices Syed Mansoor Ali Shah, Jamal Khan Mandokhail, Athar Minallah, and Musarrat Hilali.

Several judges expressed dissatisfaction with their peers who were complacent as outside influences impacted the court’s functions. The CJP said that judges who were complicit should not sit on the bench and should step down. The CJP also noted that lower courts should take a stand on these matters, emphasizing the power of civil judges.

Justice Syed Mansoor Ali Shah emphasized the need to develop an effective system to tackle outside influences on the judiciary. He called for the judiciary to stand united behind any judge “on the right side,” suggesting that the current system tends to ignore such judges. Justice Shah stressed the importance of promptly removing compromised judges to maintain judicial integrity.

Justice Jamal Khan Mandokhail lamented that all political parties aim to use the judiciary for their benefit.

Justice Minallah pointed out that different political parties have been beneficiaries of the system at different times. AGP sought a written order from the last hearing to communicate with the Prime Minister’s office for a response. Justice Minallah’s note emphasized that the federal government must respond to allegations of executive interference, as the government controls intelligence agencies.

The Supreme Court Bar Association (SCBA) President Shahzad Shaukat expressed concern that public disagreements among judges were eroding public trust in the judiciary. The SCBA President highlighted challenges posed by social media, calling for regulation by the Pakistan Telecommunication Authority (PTA) and the National Cyber Crime Investigation Agency (NCCIA).[28]

Pakistanis own properties worth US $ 11 billion in Dubai

Property leaks: 17,000 Pakistanis own 23,000 residential properties worth  $11bn in Dubai

A report made public on May 14, it was revealed that Pakistanis, including ex-government officials, political figures, bureaucrats, and sanctioned individuals own properties worth US $ 11 billion in Dubai. “Dubai Unlocked,” a global collaborative investigative journalism project listed details of hundreds of thousands of properties in Dubai and information about their ownership or usage, largely from 2020 and 2022. Data for the report was obtained by a non-profit organisation known as the Centre for Advanced Defence Studies (C4ADS).

The data included 23,000 properties listed as belonging to 17,000 Pakistani nationals up to the spring of 2022. President Asif Ali Zardari’s children, Interior Minister Mr. Mohsin Naqvi’s wife, Sindh’s senior minister Mr. Sharjeel Inam Memon, Mr. Hussain Nawaz Sharif, Senator Faisal Vawda, Mr. Sher Afzal Marwat, Ms. Farah Gogi, and at least 6 member of Provincial Assemblies from Sindh and Balochistan are included in its list. The list also featured the late COAS General Pervez Musharraf, former PM Mr. Shaukat Aziz, retired generals as well as a police chief, an ambassador, and a scientist.[29]

IHC approved bail application of Mr. Imran Khan in the 190 million pound corruption case

IHC Grants Imran Khan Bail In £190M Case

On May 15, the IHC approved the bail application of Mr. Imran Khan in the 190 million pound corruption case. The two-member bench comprised Justice Aamer Farooq Kayani, Chief Justice and Justice Tariq Mehmood Jahangiri. The court set Mr. Imran Khan’s bail at Rs. 1 million.

Despite the bail approval, Mr. Imran Khan was not released from prison due to serving sentences in the cipher and the iddat cases.[30]

Media Freedom

IHC issues contempt of court notice to PEMRA Chairman - Home - News  Pakistan TV

On May 24, the IHC restrained the PEMRA from taking adverse action against private television channels for court reporting. The order was issued in response to a petition filed by the Islamabad High Court Journalists Association (IHCJA) and the Press Association of the Supreme Court. The petition challenged a PEMRA notification that barred court reporting and broadcasting programmes on sub judice matters.

According to the PEMRA notification, TV channels were directed to “refrain from airing tickers/headlines with regard to court proceedings and shall only report the written orders of the court.”[31]

On May 18, the Supreme Court (SC) had restrained TV channels and other media outlets from broadcasting, rebroadcasting, or publishing what was termed as “contemptuous” press conferences of lawmakers including Senator Faisal Vawda and Syed Mustafa Kamal. SC warned that failure to comply would result in contempt proceedings against the media outlets. The order was part of a contempt case against Senator Vawda and Syed Mustafa Kamal, MNA for their outbursts against judges.

Press conferences were held by Senator Vawda on May 17 and by Syed Mustafa Kamal, MNA on May 16 on the same issue. Senator Vawda said that the trend of targeting institutions must stop. He asked why Justice Babar Sattar had raised his voice after one year of alleged interference. If the judges had any evidence they should come forward and “we will stand beside you,” but institutions should not be targeted on the basis of mere accusations. He also said that he had requested the IHC for details of correspondence between then-IHC chief justice Athar Minallah and Justice Sattar on the issue of the latter’s green card, but despite the passage of 15 days, he had not been provided the required details.[32]

Mr. Nawaz Sharif, newly elected PML-N President, demands action against former SC judges

Nawaz Sharif gestures during his speech.—White Star
Mr. Muhammad Nawaz Sharif, PML-N President

On May 28, PML-N senior leader, Mr. Muhammad Nawaz Sharif was elected as Party President un-opposed by the PML-N General Council at their session in Lahore. Mr. Nawaz Sharif started his victory speech by recalling that former CJP Saqib Nisar had removed him from the PML-N presidency for a lifetime but the party workers brought him back by throwing his decision in the dustbin. Mr. Nawaz Sharif criticised serving and retired judges as well as Mr. Imran Khan.

Mr. Nawaz Sharif demanded that there is a need to summon those who disqualified him for not taking a salary from his son. He said that cases against him were “false” while those against Mr. Imran Khan were “genuine.” He mentioned the so-called ‘London Plan’ in which former DG ISI Lt. Gen. (Retd.) Zaheerul Islam went to London in 2014 to cobble up an alliance to send his government home. There he met Mr. Imran Khan, Pakistan Awami Tehreek chairman Dr. Tahirul Qadri and then-PML leader Chaudhry Parvez Elahi to make a plan to topple his government. DG ISI Lt. Gen. (Retd.) Zaheerul Islam relayed a message through a property tycoon asking him to resign from the PM office but Mr. Nawaz Sharif refused, adding that the ex-spymaster wanted to try out a ‘third force’ which could deliver. Mr. Sharif added he asks Mr. Imran Khan to admit that the third force DG ISI Lt. Gen. (Retd.) Zaheerul Islam talked about was the PTI. If Mr. Khan denies this, then he will quit politics adding that the retired general was the “third umpire” Mr. Khan used to name during his sit-ins in Islamabad. [33]

On May 18, former Prime Minister Nawaz Sharif renewed his call for accountability against three retired Supreme Court judges who played a role in his disqualification ahead of the 2018 election.

Addressing a party general council meeting in Lahore, Mr. Nawaz Sharif demanded action against former Chief Justice Saqib Nisar and Justices Ijaz ul Ahsan and Mazhar Ali Akbar Naqvi whom he accused the judges of unfairly disqualifying him from office in 2017.

Mr. Sharif questioned their authority to remove a sitting PM and party president. Mr. Sharif also claimed that he had an audio clip allegedly of ex-CJP Saqib Nisar claiming it revealed a plan to oust him to facilitate Mr. Imran Khan’s rise to power.

He also called for a NAB investigation into Justice Naqvi for allegedly amassing illegal assets.[34]

Black Sheep in Higher Judiciary: PM

(From left to right) Justice Jamal Khan Mandokhail, Prime Minister Shehbaz Sharif and Justice Athar Minallah. — Supreme Court/Reuters
(From left to right) Justice Jamal Khan Mandokhail, Prime Minister Shehbaz Sharif and Justice Athar Minallah

Addressing the general council meeting of the PML-N on May 27 that reinstated Mr. Nawaz Sharif as President of the party, Prime Minister Shehbaz Sharif used the opportunity to reprimand the ‘black sheep’ in the judiciary who allegedly wanted to provide relief to Mr. Imran Khan. He said that some judges were trying to save him from the 190 million pounds and other cases and were trying to give cover to his black deeds. He further said every day it is planned how to grant Mr. Khan a bail in certain cases. PM said, that most judges, however, wanted Pakistan’s progress.[35]

On May 30, SC judges expressed annoyance over PM’s black sheep remarks asking him to file reference against such elements. Remarks from judges came during a hearing on the NAB amendment.

Justice Mandokhail, while interacting with the AGP, observed that if you like the decision then a judge is fine but if you dislike the verdict then a judge becomes black sheep. Responding to the remarks, the AGP clarified that the PM did not label the “honourable judges” as black sheep. Justice Minallah also apparently expressed annoyance over the remarks, saying they are not black sheep but they are black bumblebees.[36]

Punjab Assembly passes Defamation Bill, 2024

Anti-fake news or anti-free speech? The debate over Punjab's new defamation  law - Pakistan - DAWN.COM

On May 20, the Provincial Assembly of the Punjab passed the Defamation Bill, 2024. The law establishes a special tribunal to try cases of drafting, publishing, or airing fake news. A tribunal must decide each case within six months and fines up to Rs. 3 million may be imposed. High court will hear cases involving individuals holding constitutional posts. Legal assistance will be provided to women and transgender individuals in defamation cases through an official legal team.

The bill was passed through a voice vote amid protests from the opposition and journalists. The PTI-backed SIC members and journalists protested against the bill. Journalists boycotted the assembly proceedings and walked out. The bill was vetted by Special Committee-1 in the absence of standing committees.[37]

10th meeting of the SIFC Apex Committee

PM Chaired 10th Meeting of Apex Committee of SIFC

On May 25, 10th meeting of the Apex committee of the Special Investment Facilitation Council (SIFC) was convened by the Prime Minister. The meeting was attended by Chief of the Army Staff, Federal Cabinet members, Provincial Chief Ministers and other government officials.

According to a press release issued by the SIFC, ministries briefed the committee on ‘comprehensive progress’ on various projects and policy initiatives being steered through the platform of the SIFC, and proffered plans for accomplishment of set milestones in the future. The Committee appreciated the facilitation provided from the platform of the SIFC for improving macro-economic conditions of the country. The committee also reviewed the progress on ongoing economic collaboration with friendly countries, appreciated the recent upsurge in trade and investment-related engagements under Government-to-Government and Business-to-Business frameworks, and gave directions for an efficient follow-up mechanism to transform these commitments into tangible projects and economic dividends, at a fast pace. The committee also reviewed the progress on privatization of State-Owned-Enterprises (SOEs), expressed satisfaction on ongoing process and urged timely accomplishment of various privatization milestones in collaboration with relevant stakeholders. The Apex Committee reiterated the commitment to improve the investment ecosystem, and gave directions to make it more investment-friendly through sustainable policy initiatives.

According to the presser, Chief of the Army Staff reassured the firm resolve of Pakistan Army to backstop Government’s initiatives for economic prosperity of the country and socio-economic well-being of its people.

Prime Minister gave directions to fast track various initiatives through the ‘Whole of the Government’ approach, and play a constructive role towards the economic stability of the country.[38]

In a press conference after the meeting, Minister for Information Mr. Attaullah Tarar, MNA said that a message of unity was given as KP Chief Minister attended the meeting. He added that the SIFC was formed in June 2023 to bring together provincial and federal government representatives as well as military officials as part of an effort for economic revival and increasing FDI inflows. Mr. Tarar added that KP CM Mr. Gandapur also “fully assured that they will cooperate.”

Later, in a media talk, KP CM Mr. Gandapur also said that the SIFC proceedings were conducted in a cordial manner and that he also “talked to the COAS twice” during the meeting. Asked if he talked about Mr. Khan’s release, he said he has been permitted to talk to COAS, why he should have discussed such issues with him in the meeting in the presence of some other people and in an atmosphere not conducive for such discussion?”[39]

Elections Act (Amendment) Ordinance 2024 and NAB (Amendment) Ordinance 2024 promulgated

President signs NAB, election ordinances - Newspaper - DAWN.COM
Mr. Yousuf Raza Gilani, Senate Chairman

On May 27, acting President Yousuf Raza Gilani promulgated two ordinances including the Elections Act (Amendment) Ordinance 2024 and NAB (Amendment) Ordinance 2024.

The NAB ordinance extends the remand period of accused from 14 to 40 days. However, the sentence duration for the officer convicted of framing cases based on ill will has been reduced from five to two years. This changes the law after amendments made by the previous Pakistan Democratic Movement (PDM) and caretaker set up which had barred the NAB from taking up cases involving an amount less than Rs. 500 million.

The Elections Act (Amendment) Ordinance 2024 stated that election tribunals will have retired judges as their members, besides serving judges..[40]

Live telecast of all cases relating to enforced disappearances: IHC

Attorney General of Pakistan Assures Return of All Missing Persons

On May 24, the IHC ordered the live telecast of all cases related to enforced disappearances.

Justice Mohsin Akhtar Kayani summoned intelligence agency officials and top government officials during the hearing in a petition that sought the recovery of missing poet, Mr. Ahmed Farhad, allegedly picked up by a spy agency.

Notices were issued to the defence secretary, sector commanders of the ISI, Military Intelligence, and the director of Intelligence Bureau. Senator Azam Nazeer Tarar was summoned, who had previously urged judicial restraint in a press conference. [41]

On May 28, the IHC was informed that the missing poet and journalist Mr. Ahmed Farhad Shah was in the custody of Dhirkot police in Azad Kashmir as a suspect in a case registered in the Bagh district. [42]

No live-streaming of the NAB amendment case: SC

A general view of the Supreme Court of Pakistan in Islamabad. — Reuters/File

On May 30, Supreme Court dismissed the plea filed by Khyber Pakhtunkhwa government seeking live streaming of the hearing of the National Accountability Bureau (NAB) amendment case. In a 4-1 verdict, Justice Athar Minallah, who had asked for live-streaming of the hearing, disagreeing with the majority judgement. The hearing involved Mr. Imran Khan appearing online.

The development came as the SC was hearing the intra-court appeals filed by the federal and provincial governments against the NAB amendments struck down by the top court. A five-member SC larger bench headed by Chief Justice Qazi Faez Isa and comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Minallah and Justice Hasan Azhar Rizvi was hearing the case. [43]

Earlier on May 16 also, Mr. Imran Khan had appeared virtually before the bench. Although he was visible on a large television screen in the courtroom, his microphone remained mute, preventing him from speaking during the hearing. The hearing was not live-streamed on the Supreme Court’s YouTube channel, causing some disappointment and leading to a petition for live broadcasts. Someone inside the courtroom took and shared pictures of Mr. Imran Khan on social media, leading to an inquiry by the police.[44]

SC’s displeasure over statements of British High Commissioner

supreme court of pakistan has addressed a letter to british high commissioner jane marriott in islamabad photo file

On May 03, the Supreme Court expressed strong displeasure over the statement of British High Commissioner to Pakistan, Ms. Jane Marriott regarding general election 2024. In her speech at the Asma Jahangir Conference on April 27, 2024, Ms. Marriott quoted British Foreign Secretary Mr. David Cameron as expressing concerns about the February 8 General Election in Pakistan. In her address, Ms. Marriott raised concerns over the exclusion of certain political parties from participating in elections, the alleged use of legal manoeuvres to prevent political leaders from participating, and restrictions on recognizable party symbols.

Registrar of the Supreme Court, Ms. Jazeela Aslam, on instructions of the CJP wrote a letter to Ms. Marriott countering her claims and calling them unsubstantiated. The letter stated that General Election 2024 was conducted in accordance with the law after the immediate resolution of disputes between the President and the Election Commission. After the current CJP’s assumption of office, cases of public importance began to be broadcast live for the first time in Pakistan’s history, stated the letter. Beyond the immediate context, the letter also invoked historical analogies, emphasizing a clear acknowledgment of past wrongs and a commitment to transparency. The letter emphasized the importance of promoting mutual respect and understanding in international relations based on the principles of openness, equality and humanity. [45]

Copies of the registrar’s letter were sent to Lord Robert John Reed, President of the Supreme Court of the United Kingdom, and Baroness Sue Lascelles Carr, Lady Chief Justice of England and Wales.[46]

Reacting to the letter, former Pakistan’s Ambassador to US, Mr. Hussain Haqqani said registrar of the Supreme Court should concentrate on her administrative functions rather engaging with foreign diplomats.[47]

Telecom companies barred from recording citizens’ telephone conversations for surveillance

justice babar sattar photo file
Justice Babar Sattar, IHC judge

On May 29, the IHC barred telecom companies from recording citizens’ telephone conversations for surveillance. In the event of a violation, the respective telco will be held accountable, warned the court.

Justice Babar Sattar of the IHC issued this directive during a hearing concerning the alleged leaking of telephone calls involving Mr. Najam-us-Saqib, son of former CJP, Justice Saqib Nisar, and Ms. Bushra Bibi, wife of Mr. Imran Khan. Justice Sattar emphasized that neither the Prime Minister’s Office, the Ministry of Defence, the Ministry of Interior, nor the Pakistan Telecommunication Authority (PTA) have authorized any entity to conduct telephone surveillance. “Illegal surveillance is a punishable crime,” he stated. [48]

83rd Formation Commanders Conference

https://ispr.gov.pk/archive_images/13759.jpeg

On May 30, 83rd Formation Commanders’ Conference convened by General Syed Asim Munir, Chief of Army Staff.

According to the ISPR, the conference “aimed at countering externally propagated narratives of exclusion and preventing exploitation of Balochistan’s youth by foreign-sponsored proxies. It highlighted the politically motivated digital terrorism against State institutions aimed at inducing despondency and discord. It also emphasized the need to bring planners, perpetrators, abettors, and facilitators of the May 9 incidents to justice and stressed the importance of swift and transparent justice to ensure stability and rule of law in the country.[49]

Speaker National Assembly meets Foreign Dignitaries

National Assembly of Pakistan
Sardar Ayaz Sadiq, MNA Speaker, National Assembly of Pakistan
  1. On May 14, Ambassador of Jordan to Pakistan, HE Dr. Maen Khreasat, called on the Speaker at the Parliament House, Islamabad.[50]
  2. On May 14, HE Mr. Mitsuhiro Wada, Japanese Ambassador to Pakistan, called on the Speaker at the Parliament House, Islamabad.[51]
  3. On May 15, HE Mr. Atadjan Nurlyevich Movlamov, Ambassador of Turkmenistan to Pakistan, called on Speaker at the Parliament House, Islamabad.[52]
  4. On May 15, Dean of the Diplomatic Corps in Islamabad, H.E. Mr. Atadjan Nurlyevich Movlamov, Ambassador of Turkmenistan to Pakistan , called on the Speaker at the Parliament House, Islamabad. [53]

Chairman Senate meets Foreign Dignitaries

Senator Syed Yusuf Raza Gilani Chairman, Senate of Pakistan
  1. On May 20, Turkish Foreign Minister, HE Mr. Hakan Fidan, called on Chairman Senate at the Parliament House, Islamabad.[54]

Interactions of COAS with Foreign Dignitaries

COAS pick: Lt Gen Asim Munir — a brief profile
General Syed Asim Munir Chief of Army Staff

During May 2024, following meetings and interactions were held by General Syed Asim Munir, Chief of the Army Staff:

  1. On May 01, General Syed Asim Munir and General Sir Patrick Sanders, CGS UK Army, addressed the opening session of 6th Pakistan-UK Regional Stabilization Conference at the National Defence University, Islamabad.[55]
  2. On May 09, General Michael Erik Kurilla, Commander United States CENTCOM called on General Syed Asim Munir, at the GHQ, Rawalpindi.[56]
  3. On May 19, General Angus J. Campbell, Chief of Defence Forces Australia, called on General Syed Asim Munir, at the GHQ, Rawalpindi.[57]
  4. On May 20, HE Mr. Hakan Fidan, Turkish Foreign Minister, called on General Syed Asim Munir at the GHQ, Rawalpindi.[58]
  5. On May 23, General Syed Asim Munir met with General Carsten Breuer, Chief of Defence, Lt. General Alfons Mais, Chief of the German Army, Mr. Jens Plötner, Foreign Policy and Security advisor to Federal Chancellor, Mr Tobias Linder, Minister of State for Foreign Affairs, and Mr. Nils Hilmer, State Secretary, during his official visit to Germany.[59]
  6. On May 26, General Syed Asim Munir held a telephonic call with Major General Mohammad Bagheri, Chief of General Staff of Iranian Armed Forces, and extended deep condolences over incident of helicopter crash on May 19, 2024 which led to demise of Iranian President, Foreign Minister and other important officials.[60]
  7. On May 31, Foreign Minister of Azerbaijan, HE Mr. Jeyhun Bayramov, called on General Syed Asim Munir at the GHQ, Rawalpindi.[61]

Prime Minister’s Interactions with COAS

PM Shehbaz condemns Imran Khan for 'continued' sinister campaign against  Gen Asim - Pakistan Aaj English TV

Prime Minister Mr. Muhammad Shehbaz Sharif, MNA and Chief of Army Staff, General Syed Asim Munir, met twice during May 2024:

  1. On May 25, Prime Minister and Chief of Army met in a meeting to hail the sacrifices of civil armed forces in fight against smuggling in Islamabad[62]
  2. On May 25, Prime Minister and Chief of Army Staff met at the 10th meeting of Apex Committee of SIFC Islamabad[63]

Putin removes his long-standing defence minister

Putin removes Sergei Shoigu as Russia's defence minister | Russia | The  Guardian
President of Russia, Mr. Vladimir Putin and former defence Russian minister, Mr. Sergei Shoigu

On May 13, President of Russia, Mr. Vladimir Putin, removed his long-standing defence minister, Mr. Sergei Shoigu, installing Andrei Belousov, an economist, in his place.

Mr. Shoigu had been in charge of Russia’s armed forces since 2012 but questions were raised when the invasion of Ukraine did not produce a speedy win.

The Russian army had also been dogged by deep-rooted corruption. Last year Yevgeny Prigozhin, the now-assassinated leader of the mercenary Wagner Group, demanded Mr. Shoigu’s arrest during an attempted coup.[64]

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