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Sup­reme Court Stops Accountability Courts from Issuing Final Verdict in NAB Cases

Sup­reme Court Stops Accountability Courts from Issuing Final Verdict in NAB Cases

(CTN News) – On Tuesday, the Supreme Court stayed the execution of NAB graft Cases verdicts by accountability courts.

The orders were made when the court was considering the first intra-court appeals (ICAs) against its majority judgement from September 15 that invalidated changes to the accountability law.

The hearing was postponed until the full ruling on the bill limiting the chief justice’s authority is made public.

Two ICAs, one filed by the federal government and the other by former SSGCL managing director Zuhair Ahmed Siddiqui, were heard by a larger bench presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa and consisting of Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Athar Minallah, and Justice Syed Hasan Azhar Rizvi.

Following its short order on October 11, in which it endorsed the PDM government’s law to manage the top court’s business, the Supreme Court (Practise and Procedure) Act 2023, the five-judge SC bench began hearing the ICAs.

Any appeal filed in the highest court against decisions made on petitions moved under Article 184(3) of the Constitution must be moved in the form of an ICA, the Supreme Court announced in a circular dated October 26.

Section 5 of the Supreme Court (Practise and Procedure) Act 2023 specifies that an appeal would lie before this court against an order passed by this court while exercising authority under Article 184(3) of the Constitution, as stated in the registrar’s office circular.

The federal government has asked the Supreme Court to postpone today’s hearing until the week of November 6 since its lawyer is unavailable today. The motion was filed on October 30.

The government’s attorney, Makhdoom Ali Khan, allegedly left for Paris after being “granted general adjournment” till November 3, as claimed in a motion filed by Advocate on Record Anis Muhammad Shahzad.

It was originally set for November 4, but he found out on Saturday (October 28) that he needed to return today instead. It was also stated in the application that “completely sold out, making a timely return impossible” meant that there were no available flights back to Pakistan on October 28 or 29.

Siddiqui was represented by Farook H. Naek, and the government was represented by Attorney General for Pakistan (AGP) Mansoor Usman Awan.

Naek requested a stay of judgement while the court considered proposed changes to the accountability law. Unfortunately, it was turned down. Due to the delay in publishing the detailed ruling on the law limiting the CJP’s powers, the Supreme Court has postponed the hearing.

AGP Awan came to the rostrum at the opening of the hearing to advise the court that Khan was out of the country and had requested a postponement.

At this juncture, CJP Isa remarked, “We have also received a few other applications.”

He then questioned Naek whether he agreed with the Supreme Court’s decision to strike down the NAB statute, and Naek said he did not.

To which the chief justice said, “You have written that according to the practise and procedures [law], a five-member bench should hear the NAB amendments case.” If Naek was sticking to his original stance, he was asked to explain his reasoning.

If you’re able to convince [the court] of this, we won’t have to get into the meat of your appeal. The Chief Justice has announced that a new bench will be formed in the event that petitions challenging the NAB’s changes are reinstated.

He then asked the attorney to “take back his point” and was told to wait for the verdict before discussing the specifics of the law that limited the authority of the CJP.

In response, Naek pleaded with them, “Do not do this. The ongoing appeals should continue. If this is implemented, cases would be filed in NAB courts. Following this, the judge made the observation, “See, Makhdoom Ali Khan has taken this ground in his application.” Naek has asked to be added as a respondent in this case.

The Chief Justice went on to say that Justice Mansoor Ali Shah’s lengthy dissenting note to the highest court’s ruling had also been made public. And “if the petitioner wants, he can also make amendments in the plea after the dissenting note’s [release],” he noted.

As Justice Isa put it, “If you would file a review petition, then we will not hear the intra-court appeal.” Naek subsequently notified the court that he was abandoning his requests for judicial review.

The CJP asked the federal government counsel’s assistant lawyer if he was “using the attorney general’s office as a shield” during the hearing; he responded that he was not.

The chief justice went on to say that the appeals will be reinstated if a review of the merits was conducted in accordance with the Practise and Procedures Act. He stressed again the importance of waiting for the NAB court’s complete ruling.

But Naek argued that the court should proceed with the proceedings “without delay” because waiting for the order would entail a delay.

Chief Justice Isa announced the implementation of the Practise and Procedures Act and the creation of an appeals process pursuant to Article 184(3) of the Constitution.

During this point in the proceedings, Justice Minallah made the remark that this was a “interpretation” case. He questioned, “How is the Federal Government the Affected Party in this case?”

The judge went on to say that an affected party might initiate an appeal because the word “person” was used in the practise and procedures statute.

Here, CJI Isa remarked that “not everything was done away with through the NAB amendments.” The NAB changes only affected the venue. Through the NAB reforms, no one was exonerated of wrongdoing.

Attorney Naek argued for Siddiqui, saying, “Going to the NAB court again in the verdict would affect my right.”

Then, AGP Awan claimed that the federal government was the aggrieved party and had thus appealed the decision.

Following the comprehensive verdict of the practise and procedures law, the NAB will hear ICAs, the chief justice noted. Naek asked the Supreme Court to delay its decision on the accountability legislation changes because he was afraid that the National Accountability Bureau courts would issue a punishment.

With regards to this matter, CJP Isa stated, “We can say that till the Supreme Court’s verdict [is announced], the NAB courts do not give a final decision.” AGP Awan further asked the Supreme Court to pause the implementation of its earlier order.

When Justice Isa questioned if any of the accountability legislation revisions had been upheld or if they had all been overturned, Naek said that the alterations made under the third amendment had not been changed.

He went on to tell the court that some of the amendments from the first two were nullified while others remained in effect.

At this point in the proceedings, Justice Minallah pointed out that the third amendment to the NAB laws was the focus of the majority judgement. He questioned how the court could have reached a verdict without taking into account the reforms instituted by the Third Amendment.

Khan’s assistant attorney informed the court that a second amendment was presented after the initial alterations were challenged, and that the petitioner had subsequently changed his plea.

The CJP asked the lawyer when the third amendment was passed, and he said May 2023. The time to revise the petition was still substantial, Justice Isa said.

The third amendment should have been deemed unconstitutional if the amendments had to be declared illegal. The issues raised by the third amendment should have been resolved, he remarked, given that they were mentioned in the verdict.

After the third change to the NAB laws, the chief judge emphasised that there were six hearings held on the topic.

Here, Justice Minallah pointed out that a five-judge bench was required under the practise and processes statute for cases challenging NAB modifications. The measure regulating administrative processes has been put on hold. He emphasised that there was never a pause in the act.

As for a ruling on this specific issue, CJP Isa pointed out that the detailed judgement of the procedural law had not yet been revealed.

The chief justice stated, “In such a situation, we cannot proceed ahead with this case today.” When the forum was changed, he said, “Are trial court testimony recordings admissible in another court?”

We do not want the trial court judge to have to act as an interpreter. A judge’s jurisdiction in a trial should be limited to that trial, Justice Isa remarked.

The CJP has started writing the order for today’s court proceedings at this point in the hearing.

Justice Isa told Naek that the lawyer had not even asked the court to delay its decision on the NAB law. Naek contended that the trial would start over if it were transferred from the NAB to an anti-corruption court.

Justice Minallah pointed out that the third amendment specified that every trial would start over. The CJP remarked that “ease for trial court judges instead of difficulties” is what’s needed in this situation.

The Supreme Court then served notices on AGP Awan, the AGs of all the provinces and Islamabad, and the PTI leader. It issued orders for the court order to be sent to Imran in the Adiala district jail via the warden.

The hearing was then postponed until a thorough ruling on the Practise and Procedures Act could be made public. The court denied Naek’s request to delay the ruling on the NAB laws and ordered that no final decisions on graft cases be issued by accountability courts pending the outcome of the pending appeals.

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Bangladesh Supreme Court to Rule on Controversial Job Quotas Amid Nationwide protests

Bangladesh Supreme Court to Rule on Controversial Job Quotas Amid Nationwide protests

(CTN News) – The future of public service hiring regulations, which have provoked national conflicts between police and university students that have resulted in at least 133 fatalities so far, is set to be decided by Bangladesh’s Supreme Court on Sunday, or today.

Later in the day, the nation’s highest court will meet to declare its decision about the controversial job quotas—either in favor of or against their elimination.

This week’s protests over politically motivated admission quotas for highly sought-after government posts turned into some of the worst instability during Prime Minister Sheikh Hasina’s watch.

Due to the ongoing turmoil, a curfew has been in place since Friday. In addition, the government has declared a two-day holiday during which all offices and institutions would be closed.

After riot police were unable to restore order, soldiers are now policing cities throughout Bangladesh, and since Thursday, there has been a statewide internet blackout that has severely limited the flow of information to the outside world.

SEE ALSO: Nearly 1,000 Indian Students Return from Bangladesh Amid Deadly Unrest Over Job Quota System

Hasina made hints to the public this week that the plan will be abandoned, which comes after her opponents accuse her government of using the judiciary to further its own agenda.

However, a positive decision is unlikely to calm the nation’s simmering rage in the wake of the intensifying crackdown and growing dead toll.

Business owner Hasibul Sheikh, 24, told AFP, “It’s not about the rights of the students anymore,” while observing a Saturday street demonstration in the capital city of Dhaka against a statewide curfew.

“Our demand is one point now, and that’s the resignation of the government,” he stated.

A system that reserves more than half of civil service positions for particular groups, like as children of veterans of the 1971 war, is the driving force behind the upheaval this month.

Hasina, 76, has ruled the nation since 2009 and won her fourth consecutive election in January following a ballot in which there was no real competition, according to critics who claim the program helps families who support her.

Rights organizations accuse Hasina’s government of abusing state institutions, including as the extrajudicial assassination of opposition activists, in order to strengthen its grasp on power and quell dissent.

Bangladesh’s 170 million people lack access to sufficient employment possibilities, therefore the quota system is a major cause of anger for recent graduates who are struggling to find work.

“The government’s actions have made the situation worse, rather than trying to address the protesters’ grievances,” Pierre Prakash, Asia director of Crisis Group, told AFP.

After a week of increasing violence, Hasina canceled her intentions to depart the nation on Sunday for a diplomatic trip to Spain and Brazil.

Source: The Indian Express

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Pakistani Government Plans to Ban PTI

Pakistani Government Plans to Ban PTI

(CTN News) – The Pakistani government has announced measures to outlaw Pakistan Terheek-e-Insaf (PTI), the party of imprisoned former Prime Minister Imran Khan.

Information Minister Attaullah Tarar made the declaration on Monday, only days after the Supreme Court declared the PTI eligible for a share of reserved seats in national and provincial assemblies.

After reviewing all relevant information, the government has decided to ban PTI. “We will file a case to ban the party,” he said, citing claims such as inciting violent protests last year and leaking confidential information.

Tarar stated that the case would be moved to the Supreme Court.

He also stated that the government intended to file treason charges against Khan and two other senior party leaders, former President of Pakistan Arif Alvi and ex-Deputy Speaker of the National Assembly Qasim Suri, as well as a review appeal against the Supreme Court’s ruling that the PTI should be allocated some assembly seats reserved for women and members of religious minorities.

According to Sayed Zulfiqar Bukhari, a top PTI politician and party spokesperson, the government’s action “betrays their complete panic”.

“After realizing that they could no longer threaten, compel, or blackmail judges, they decided to make this move through the cabinet. “All of their attempts to stop us have been declared illegal by the courts,” he stated.

Last week, the Supreme Court recognized the PTI as a political party and confirmed that the party’s lack of an electoral emblem did not affect its legal right to field candidates.

The verdict was in response to the PTI being barred from competing in parliamentary elections in February using its party emblem, the cricket bat, forcing it to field candidates as independents.

Despite the setback, PTI-backed candidates emerged as the largest parliamentary bloc, winning 93 seats.

After Khan declined to cooperate with his political opponents, the Pakistan Muslim League-Nawaz (PMLN) and Pakistan People’s Party (PPP) formed a coalition government with other smaller parties.

Ex-Governor Sindh Zubair, who formerly served in the PMLN, stated that the government’s action was in response to the Supreme Court’s ruling last week and warned of political upheaval ahead.

“The powers that be are trying to disenfranchise the largest majority of voters of the country, who voted for PTI,” he disclosed to Al Jazeera.

Khan was appointed prime minister in August 2018 but was dismissed from power in April 2022 after a parliamentary vote of no-confidence.

The cricketer-turned-politician has since faced a slew of legal issues, including charges of misplacing and leaking the contents of a confidential cable delivered to Islamabad by Pakistan’s then-ambassador in the US in 2022.

Khan has continually disputed the charge, claiming that the dossier contained evidence that his resignation as prime minister was orchestrated by his political opponents and the country’s powerful military, with assistance from the US administration. Both Washington and Pakistan’s army deny the accusation.

Despite multiple recent court verdicts in his favor, Khan has been in prison since August of last year.

Source: Aljazeera

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NAB Re-Arrests Imran Khan and Bushra Bibi After Iddat Case Conviction Overturned

NAB Re-Arrests Imran Khan and Bushra Bibi After Iddat Case Conviction Overturned

(CTN News) – Former Prime Minister Imran Khan and his wife, Bushra Bibi, were acquitted in the Iddat case by a sessions court on Saturday, less than 24 hours after the Supreme Court ruled in favor of the PTI in reserved seats.

However, their relief was short-lived when Imran Khan was detained by the National Accountability Bureau (NAB) for selling official goods. Bushra Bibi was also rearrested in this case while being released from Adiala Jail’s Gate No. 3.

According to sources, the NAB detained Bushra Bibi after the bureau’s chairman issued arrest warrants for her and Imran Khan. Both are to be investigated in Adiala Jail.

Opposition leader Omar Ayub Khan condemned Bushra Bibi’s imprisonment and criticized the Adiala Jail administration. He also cautioned the jail superintendent of the repercussions and announced that a privilege motion would be filed against him.

Imran Khan and Bushra Bibi were acquitted in the Iddat case after Additional District and Sessions Judge (ADSJ) Mohammad Afzal Majoka reversed their previous verdict, which sentenced them to seven years in prison on February 3, five days before the general election.

Imran Khan’s lawyers, Usman Gill and Zaheer Abbas, were in court when the verdict was pronounced.

In the 28-page ruling, Judge Majoka rejected Khawar Fareed Maneka, Bushra Bibi’s ex-husband,’s arguments that Imran Khan and Bushra Bibi’s nikah was illegally performed and that Mr. Maneka was denied Buju (reconciliation rights) under religious law.

The court also rejected the allegation of fornication under provision 496-B of the Pakistan Penal Code (PPC), stating that no charge was filed under this provision against both Imran Khan and his spouse “because there was no evidence of a second witness”. The trial court heard only one witness, Mr Maneka’s domestic servant.

“In these circumstances, it cannot be said that the appellants committed fornication,” the judge wrote. Regarding the charge of contracting marriage fraudulently during the Iddat period, the judge found that in a video given as evidence during the trial, Mr. Maneka lauded his ex-wife, Bushra Bibi, and “deposed that his ex-wife is a pious lady.”

The magistrate inquired about “how this witness [Mr Maneka] can claim that the appellant No. 2 [Bushra Bibi] committed fraud with him” .

The court announced its decision: “From a perusal of Section 496 PPC and the above-mentioned esteemed citations, this court is of the view that the appellants have not gone through any marriage ceremony fraudulently or with dishonest intention because none of the parties claimed that nikah was not performed and fraudulently he or she was supposed to believe that marriage ceremony was solemnised.”

The court judgment added: “In the instant instance, it is the complainant’s case that the appellants’ nikah was done on January 1, 2018, followed by the second nikah in February 2018. By no stretch of the imagination, it was a marriage with dishonest or deceptive intentions.”

Regarding Mr. Maneka’s claim that he was denied reconciliation rights and so deceived by Imran Khan and Ms. Bibi, the court noted that during cross-examination, Mr. Maneka stated that he learned of the appellants’ marriage on the second day of their nikah.

Before submitting the complaint, the judge questioned why Mr Maneka had been silent on his reconciliation rights for six years.

The judge stated, “The complainant has failed to prove his case against the appellants.” As a result, both appeals filed by appellants No. 1 [Imran Khan] and No. 2 [Bushra Bibi] are accepted, the judgment of the learned trial court of February 3, 2024, is overturned, and both appellants are acquitted of the accusation.”

The court ordered their freedom unless they needed to be imprisoned in other cases.

Source: DAWN

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