Parliament passed Constitutional Amendment package by adopting 26th Constitutional Amendment

October 20, 2024

By Agha Iqrar Haroon

Islamabad, Pakistan: In a historic move, the parliament of Pakistan reclaimed its supremacy, which had been encroached upon by the higher judiciary, by rewriting the constitution by giving verdicts on different constitutional petitions.

One of the significant events of the day was PTI’s decision not to vote for the abolition interest-based economy (Soodi Nizam) in the country, raising the brows of a majority of journalists present in the Press Galleries of the Senate as well as of the National Assembly. PTI decided to absentia status during the 26^th Constitutional amendment which is also known as the Constitutional amendment package. However, PTI had an opportunity to support the abolition of an interest-based economy when voting was being done ‘clause by clause’. Even those journalists who are known as PTI’s sympathizers were expecting that PTI would vote in favor of removing the interest-based economy in the country.

Senior journalists present in Parliament House such as Jawwad Faizi, Ijaz Ahmed, Dr Sajjad Bokhari, Ahmed Mansoor, and Tariq Ch when asked to comment on PTI’s decision to avoid voting on the abolition of an interest-based economy in the country, were of the view that PTI could not see beyond its founding Chairman and for PTI everything starts and end at him.

Voting in the Senate exposed that the allegation of PTI’s Chairman Barrister Gohar against PTI’s Senators Zarqa and Faisal Saleem was false and they did not vote for treasury benches and did not defect their party.

The government and the allies have finally passed the 26th Constitutional Amendment and this was a historic constitutional decision to establish parliamentary supremacy over the judiciary of the government. Instead of appointing the Chief Justice, the old method of appointing a senior most judge, now a twelve-member special parliamentary committee will select one of the names of three senior Most Judges as Chief Justice, whose final approval is Prime Minister.

The parliamentary committee will have a proportional representation of all parliamentary parties. This key process has ended the monopoly of the judiciary itself as the Chief Justice of the judiciary.

The procedure for the appointment of judges of the Supreme Court has also been imposed under the influence of the parliament in which the Supreme Court judges will appoint a commission. The commission, headed by the Chief Justice, will include four senior judges. The Federal Minister for Law and Attorney General will also be members of the commission. The lawyer nominated by the Pakistan Bar Council, who has been experienced for less than 15 years, will be a member of the Commission for two years. Two members will be part of the National Assembly and two members of the Senate Commission. – A woman or non -Muslim with a technocratic qualification in the Senate will also be made a member of the commission for two years.

Similarly, the formation of a constitutional bench the Judicial Commission will determine the number of constitutional benches and judges. Constitutional benches will be appointed as equal judges from all the provinces as far as possible under Article 184, the self-novice will be authorized by the Constitutional Benches. Cases related to the interpretation of the Constitution will be under constitutional benches under Article 185. The constitutional bench will consist of at least five judges. A committee of three senior judges will appoint constitutional benches.

This important amendment will increase the judiciary’s performance significantly as the constitutional bench will only listen to constitutional matters while the rest of the public. The cases related to the Supreme Court will continue to be as usual.

Similarly, no court, tribunal, or authority can raise questions on the advice sent by the Prime Minister or the Cabinet to the President. This will eliminate the judiciary’s government’s administrative affairs and the government with full independence.

The performance of the judges has also been developed. The Commission will review the performance of the High Court Judges, and if a judge does not improve his performance, his case will be sent to the Judicial Council.

Pakistani citizenship of all the Supreme Court and High Court judges is mandatory. In addition, their extensive experience of advocacy, and the experience of being a judge in the lower court also include a prerequisite.

Therefore, the 26th amendment to its Pakistani constitutional and judicial history is a milestone, which will certainly improve the supremacy of parliament in Pakistan and the judiciary’s performance.

What are important amendments?

Addition of Article 9A (clean and healthy environment) and amendments to Articles 38 (promotion of social and economic well-being of the people), 48 (president to act on advice, etc), and 81 (expenditure charged upon Federal Consolidated Fund) of the Constitution.
No court will be able to question the recommendations sent to the President or the Prime Minister by the cabinet. The draft also includes a proposal to increase the number of members in the Judicial Commission of Pakistan by amending Article 175A (appointment of Judges to the Supreme Court, High Courts, and the Federal Shariat Court).
The Supreme Judicial Commission will include the chief justice, four senior judges from the Supreme Court, and four members of Parliament. Among these, one senator and one member of the National Assembly will be nominated by the PM while another senator and another member will be nominated by the leader of the Opposition in the National Assembly.
The parliamentary committee responsible for judicial appointments will consist of 12 members, with eight from the National Assembly and four from the Senate.
Instead of directly appointing a senior judge as chief justice of the Supreme Court, the proposal states that three names will be submitted to the parliamentary committee. This 12-member committee will recommend one of these names for the chief justice position. Subsequently, the prime minister will advise the President to issue a notification regarding the appointment.
The term for the chief justice will be three years. If a Chief Justice reaches the retirement age of 65 during this period, they will still be considered to have served a full three-year term. If a high court judge’s performance is deemed unsatisfactory, the Supreme Judicial Council will provide the judge with an opportunity to improve. If the judge fails to enhance their performance within the designated timeframe, the matter will be addressed by the Supreme Judicial Council. The Judicial Council can establish separate rules and regulations to evaluate the performance of judges.
Amendment to Sub-clause 3 of Section 184 regarding the Supreme Court’s power to take suo motu notices. It states that the Supreme Court will not have the authority to take notice of any matter or to issue directions to any institution.
A three-member committee of Supreme Court judges, established under the Practice and Procedure Act, will make decisions regarding whether or not to take notice of a case.
The amendment allows the SC to transfer cases from one high court to another if it believes that justice is not being served in an ongoing case.
An amendment to Clause 1 of Article 199 of the Constitution, now referred to as Clause 1A, which pertains to the high court’s power to take suo motu notices.
The high court shall not have the authority to take suo motu notices on any matter or issue directives to any institution.
The judicial commission would determine the number of constitutional benches and judges, ensuring that, where possible, equal representation of judges from all provinces is maintained in the constitutional benches.
Article 203D of the Constitution has been added, mandating that any appeal must be resolved by the relevant high court within 12 months. Article 191A has been added which pertains to the formation of constitutional benches.

Palestine Conference in Ankara: Mushahid proposes a 3-point Action Plan, and urges Erdogan to take the lead on Palestine

October 20, 2024

Ankara, 20 October: On the invitation of President Erdogan’s AK Party, Mushahid Hussain Sayed gave a Keynote Address at the ‘Global Palestine Conference’ held here in the Turkish capital, where he presented a 3-point Action Plan.

President Erdogan was the Chief Guest on the occasion. Mushahid Hussain, who is a Member of the Executive Board of the Istanbul-based ‘Al Quds Parliament’ and Co-Chairman of the International Conference of Asian Political Parties (ICAPP), hailed the resistance of Hamas, Hizbullah, and Iran to Israeli aggression and Zionist expansionism, terming these as exemplary models of ‘Might is not Right, but Right is Might’.

During his speech, Mushahid Hussain appreciated the leadership role of President Erdogan, terming him the ‘Lion of the Muslim World’, and congratulated him on his victory in the Turkish Presidential elections. Condemning Israel for committing the first televised genocide in history, Mushahid also condemned Western double standards and the absence of morality as they were actively aiding and abetting Israeli crimes, he added ‘most of the Muslim regimes have also failed to rise to the occasion due to either fear or expediency’.

Presenting his Action Plan before the gathering of some 1000 guests from over 50 countries, Mushahid said the first step should be for President Erdogan to take the lead and constitute an International Leaders Delegation, comprising leaders from the Global South, including Pakistan, Indonesia, Malaysia, South Africa, Algeria and Brazil, who should visit Washington immediately after the November 5 US Presidential polls to meet the American President-elect, and urge the new US President to reverse the one-sided American policy of blatantly supporting Israel.

He said Muslim leaders must move beyond talk and words by taking concrete actions. Second, given their strong Navies, Turkiye, Pakistan, and Indonesia should form a Joint Naval Flotilla for Peace & Humanitarian Assistance, to help break the Israeli blockade of Gaza after getting authorization from the UN General Assembly. The Naval Flotilla should carry medicine, food, and relief goods to alleviate the sufferings of the Palestinians besieged in Gaza, terming it the ‘world’s largest open-air prison’. This will send a powerful and positive message to the oppressed Palestinian people that the Muslim Ummah is not an impotent entity, rather it has the vision and political will to undertake concrete initiatives. Third, recalling the joint initiative of President Erdogan and Malaysian Prime Minister Dr. Mahathir in 2019 to launch a Global Media Initiative to represent the Muslim Ummah in the ‘battle of ideas and narratives’, Mushahid said ‘now is the right time and opportunity for such an initiative as the Gaza Genocide has demonstrated how biased and one-sided the Western media has been in the current crisis’.

He said journalists, intellectuals, academics, and think tanks could be powerful instruments in the ‘Battle of Ideas’ crafting and presenting narratives based on truth and facts, while representing the popular aspirations of the Global South in general and the Muslim World in particular on such issues as Palestine, Kashmir, Islamophobia, and Rohingya. He said such a Global Media Initiative would play an important role in helping to prepare the ground for an alternative emerging equitable global order based on justice and the rule of law which should start by rejecting of all types of hegemony, global or regional. He added that the sacrifices of the people of Palestine and Lebanon and the blood of the martyrs of Palestine and Kashmir would not go in vain. He concluded his very well-received speech by referencing the Latin maxim, ‘Carpe Diem’ (Seize the Moment).

PTI Cult would never accept a much-needed Constitutional amendments package

October 19, 2024

Islamabad, Pakistan: Consultation and consensus among all stakeholders on the constitutional amendment package is welcomed and the right way forward, nevertheless, earlier mishandling made this imperative amendment package controversial, resulting in the deletion of certain extremely important amendments that are the requirements of mitigating challenges faced by Pakistan. Uncalled-for hurried push, releasing deadlines for its approval, lack of ownership, and spreading doubts about the package are some of the errors that could have been averted if some adults had been in the ‘situation room’.

The process of consultation is going on among all political parties on the constitutional amendment draft, which is very welcome because the more consensus and consultation there is on this important constitutional amendment, the better for this constitutional amendment, and this is all made possible when the youngest in the situation room behaved as the only adult in the room. Bilawal Bhutto made a breakthrough but also indicated in his Friday speech in Hyderabad that he would make the package pass against all odds and even he could have to make ‘undesirable’ decisions.

It is clear and certain that the draft constitution will be approved by the Senate and the National Assembly after the approval of the federal cabinet. More consultation should be done to build consensus on key points

It is also clear as day that despite all the efforts of the government and other political parties, Tehreek-e-Insaf (PTI), the party that did not even attend the All Parties Conference (APC) on Gaza will definitely not accept this draft because this party has yet not received approval from its foreign masters who want constant unrest in Pakistan. Moreover, PTI casting is of a Cult casting in which everything revolves around the thinking of the Cult Leader who definitely does not want constitutional and legal supremacy in the country. It is understood that the meeting with the founder chairman in Adiala is just an excuse to delay this draft as much as possible.

The Constitutional Amendment Bill will ensure the supremacy of the Judiciary, the people of Pakistan, all political parties, and above all the Parliament, so it is encouraging and welcome if some more time is being spent in deliberation and consultation. – The government will certainly get this constitutional draft passed by the parliament with a majority vote and this historic package will ensure the supremacy of the constitution and law in the country.

Five terrorists sent to hell in Balochistan

October 19, 2024

Islamabad, Pakistan: On 18 October 24, security forces conducted a successful intelligence-based operation in District Pishin on the reported presence of Khwarij (TTP). During the operation, five khwarij were apprehended and a large number of weapons, ammunition, and explosives including 3 suicide vests were seized. Apprehended Khwarij were involved in multiple terrorist attacks and were planning to target security forces as well as innocent civilians.

In another operation in District Zhob on 17 October 2024, during a fire exchange with security forces, two khwarij were sent to hell. In the ensuing sanitization of the area, weapons and ammunition were also recovered in large quantities.

Security forces of Pakistan remain steadfast in their commitment to eradicate terrorism from the country and protect innocent civilians from this menace.

Parliament of Pakistan passed the Bill on Special Court for Overseas Pakistanis’ Property Disputes

October 19, 2024

Islamabad, Pakistan: The Parliament of Pakistan unanimously passed the Bill on Special Court for Overseas Pakistanis’ Property Disputes tabled by Chaudhry Salik Hussain, the Federal Minister for Overseas Pakistanis and Human Resource Development, says a press statement.

According to the official press statement, the Senate and National Assembly have passed the Establishment of Special Court (Overseas Pakistanis Property) Act, 2024, a landmark legislation protecting the rights of overseas Pakistanis. The bill was moved by Chaudhry Salik Hussain, Federal Minister for Overseas Pakistanis and Human Resource Development. This act facilitates swift and efficient resolution of property disputes involving overseas Pakistanis.

Overseas Pakistanis can file petitions through digital platforms, including e-filing.
The special court will allow evidence to be presented through video links or other legally acceptable modes, supervised by officials from Pakistan’s High Commissions or consulates.

Cases filed in the special court will be disposed of within 90 days, thereby providing speedy justice, preventing delays, and ultimately safeguarding the interests of overseas Pakistanis.

This legislation demonstrates the government’s commitment to safeguarding the interests of overseas Pakistanis and resolving property disputes of Overseas Pakistanis efficiently.

Passing out a parade of cadets of the 150th PMA Long Course held

October 19, 2024

Monitoring Desk: Passing out a parade of cadets of the 150th PMA Long Course, 69th Integrated Course, 24th Lady Cadet Course, and 36th Technical Graduate Course was held at Pakistan Military Academy (PMA) Kakul today.
Cadets from several friendly countries including Iraq, Jordan, Maldives, Sri Lanka, Nepal, Palestine, Sudan, and Yemen also graduated from Pakistan Military Academy. Chairman Joint Chiefs of Staff Committee (CJCsSC) General Sahir Shamshad Mirza, NI (M) graced the occasion as chief guest and reviewed dignitary of the parade.

CJCsSC reviewed the parade and gave awards to distinguished cadets. The coveted Sword of Honor was awarded to Battalion Senior Under Officer Abdullah Afzal of the 150th PMA Long Course. The President’s Gold Medal to Battalion Senior Under Officer Babar Ullah Aman of 150th PMA Long Course. Chairman Joint Chiefs of Staff Committee Overseas Gold Medal to Friendly Country Senior Under Officer Kshitij Gurung of 150th PMA Long Course from Nepal. Chief of Army Staff Cane was awarded to Course Junior Under Officer Muhammad Umar Sheraz of the 36th Technical Graduate Course. Commandant’s Canes were awarded to Course Junior Under Officer Muhammad Suleman of the 69th Integrated Course and Course Under Officer Pakeeza Yaqoob of the 24th Lady Cadet Course.

Parliamentary Committee approved Constitutional Amendment Package

October 18, 2024

Islamabad, Pakistan: The Parliamentary Committee has approved the Constitutional amendment package. The committee is headed by veteran politician Khursheed Shah of the Pakistan People’s Party.

The hurried push by PMLN made the Constitutional amendment package controversial, but PPP bailed the government out when it took the initiative to contact all parties, including PTI. Now, the package will be submitted to the Cabinet for approval and then would be tabled in both houses of parliament.

Addressing a press conference after the approval of the package, Chairman PPP Bilawal Bhutto politely said that the ruling party’s mishandling of the constitutional amendments ignited the disapproval of the packages by many parties including JUI (F) and added that ‘unnecessary actions’ were taken by the government when PPP was negotiating with other political parties.

The good news about the 26th Constitutional Amendment, which focuses on improving the judiciary and public interest, is that all major political parties have agreed on it and there is no doubt about its approval by Parliament. In the meeting held between Jamiat Ulema-e-Islam chief Maulana Fazlur Rehman and Pakistan People’s Party on Tuesday night, a consensus was reached regarding the 26th constitutional amendments, after which Maulana Fazal met with PML-N chief Nawaz Sharif on Wednesday night.

In the meeting between President Asif Ali Zardari, the three major parties agreed to work together regarding the constitutional amendments, which were officially announced by Maulana Fazlur Rehman. The three major parties of the country and other smaller parties have fully agreed on the constitution of Pakistan regarding the constitutional amendments and it has also been said that regardless of whether a federal constitutional court is established or a federal constitutional bench is formed. It does not matter because the objective is only to enhance and improve the efficiency of the judiciary. Whether a federal constitutional court is established or a constitutional bench is formed, on the one hand, it will be possible to hear the constitutional and legal cases in the courts separately, while the courts, especially in the higher judiciary, deal with day-to-day cases. It will help reduce the backlog that exists. According to legal experts, it is important here that thousands of cases are pending in the Supreme Court as well as other courts across the country. If a constitutional court or a constitutional bench is formed, it will go a long way in reducing these figures.

According to legal experts, it is very important to clarify here that the major objectives of the Constitutional Bench or the Constitutional Federal Court have been achieved by the supervision of the judiciary through the formation of a high-powered commission, so to say that through this 26 constitutional amendments on the judiciary A ban is being imposed or a circle is being tightened around it, it may just be propaganda, but there is no truth in it.

Through the constitutional amendment package, the judiciary will be empowered more and time will prove that the performance of the judiciary will improve with the amendment package the most important thing is that with the formation of the federal constitutional court or bench, when urgent cases will start to be resolved so, people will directly benefit from it

KP leading in Pakistan in reported cases of sexual abuse against children

October 17, 2024

Monitoring Desk: Khyber Pakhtunkhwa is leading in Pakistan in reported cases of sexual abuse against children as 185 of the cases were registered in 2019, 323 in 2020, 360 in 2021, and 365 in 2022, reports Express Tribune.

The newspaper further reported that the actual number of such cases is likely to be much greater, as many incidents, which occur in tribal or mostly affluent areas, often go unreported. Many families of the affected children tend to hide these incidents due to fear and shame and this is the reason that incidents of forced and sexual violence against children are increasing in KP every year because culprits know that their crime would go unreported.

State-run PTV beats the private media by launching a two-day marathon transmission on the 23rd SCO Summit

October 17, 2024

Islamabad, Pakistan: With a bouquet of analysts known in the fields of foreign affairs, economy, politics, and geo-economics and manned by weather-beaten professional anchors, state-run Pakistan Television broadcast over 50 hours of marathon coverage during the 23^rd SCO Summit held in Islamabad.

During this transmission, PTV News and PTV World (the only English-language channel in Pakistan) covered SCO in all its dimensions, from providing live coverage of heads of government’s arrival at Noor Khan Air Base as well as the arrival of foreign guests at Islamabad International Airport.

According to foreign media delegations with whom DND News Agency contacted for comments, PTV also provided them clean feed (without tickers/voiceover) so they could use the footage for their respective channels in their countries. “It was exciting to see how your (Pakistani) state-run television provided us with time coverage for our televisions/video news agencies and we are impressed by the professionalism of your team”, said Juratbeg Akhalqnov, a Central Asian journalist.

It may be mentioned that over 1200 foreign delegates from SCO member states were present in Islamabad from October 14 to October 17, 2024, to attend the SCO Summit along with over 150 foreign media men.

It is pertinent to mention that SCO Summit was attended by the Chinese Prime Minister Li Qiang, Prime Minister of Belarus Roman Golovchenko, Prime Minister of Kazakhstan Olzhas Bektenov, Russian Prime Minister Mikhail Mishustin, Tajik Prime Minister Kohir Rasulzoda, Uzbek Prime Minister Abdulla Aripov, Kyrgyzstan’s Chairman of Ministers’ Cabinet Zhaparov Akylbek, Trade Minister of Iran Seyyed Mohammad Atabek, and Indian External Affairs Minister Subrahmanyam Jaishankar, Mongolian Prime Minister Oyun-Erdene Luvsannamsrai and Deputy Chairman of the Cabinet of Ministers of Turkmenistan Rashid Meredov.

When asked to comment, Managing Director PTV Sayyed Mubashar Tauqir Shah stated his team worked over 72 hours vigorously and tirelessly and most of the team members stayed inside the PTV building to make this event a success. He stated that broadcasting such a huge event was nevertheless a great challenge but also a prodigious opportunity to put the country in a global broadcasting arena and credit goes to the PTV team that, Sayyed considers a ‘family’. It may be mentioned that PTV had recently hired many new anchors from the private sector but already available professionals executed the SCO Summit marathon transmission while a new team would soon appear on the PTV screen.

UK’s legal firm Matrix considers Imran Khan illegible for the candidacy of Chancellor of Oxford University

October 16, 2024

Monitoring Desk: Matrix is a barristers’ chambers in London a group of independent and specialist lawyers who work across a wide range of areas of law, indicates that Imran Khan, former Prime Minister of Pakistan and leader of the Pakistan Tehreek-e-Insaf (PTI) party is not fit to contest the race for Chancellor of the University of Oxford.

The Matrix document available with DND News Agency indicates that regulation 7(d) of Oxford’s Council Regulations must be reviewed while dealing with the candidacy of Imran Khan through the lens of Oxford’s governing regulations. Regulation 7(d) of the Council Regulations 8 of 2002 outlines the eligibility criteria for individuals holding roles as trustees of the university, including the Chancellor. These criteria emphasize personal integrity, compliance with legal standards, and the fitness of candidates to serve as representatives of the university.

The document says that Imran Khan’s criminal conviction in the Tosha Khana case, in which he was found guilty of profiting from state gifts while in office, presents a significant barrier to his candidacy. Section 178 of the Charities Act 2011 explicitly disqualifies individuals with criminal convictions from holding trustee roles in registered charities, a category under which Oxford falls. King’s Counsel Hugh Southey’s legal opinion reinforces this, asserting that Khan’s conviction likely renders him ineligible under UK charity law.

Moreover, the clause “Fit and Proper Person” Test and HMRC Guidelines also bars Khan from contesting the election. The “fit and proper person” test, as defined by HMRC, plays a critical role in determining the suitability of candidates for positions of influence in charitable organizations. This test assesses whether individuals can be trusted to manage charity resources responsibly and act in the best interests of the institution.

Khan’s criminal record, alongside his continued involvement in politically divisive activities, raises concerns about his ability to meet these standards. The question of Khan’s fitness for office is not merely legal; it speaks to the broader issue of whether his leadership would align with Oxford’s values of transparency, integrity, and intellectual freedom. These legal and moral hurdles cast doubt on the feasibility of his candidacy, particularly given the high ethical standards Oxford maintains.

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