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Akhtar Mengal warns of parting ways with coalition govt over Foreign Investment Act

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  • Possibility of separation if concerns regarding bill not addressed: Mengal.
  • He says govt takes investors into confidence rather than parliament.
  • JUI-F’s senator says has been passed forcefully and with deceit.

Balochistan National Party-Mengal (BNP-M) Chairman Akhtar Mengal has signalled that he may separate his party from the incumbent PML-N-led government at the centre, Geo News reported Tuesday.

Speaking during a Geo News programme “Capital Talk”, Mengal showed reservations about the Foreign Investment (Promotion and Protection) Act, 2022 to promote and protect foreign investment in relation to the Reko Diq project.

Mengal, whose party is one of the allies of the coalition government, said that there is a possibility of separation if concerns regarding the bill are not addressed.

The BNP-M leader said that the coalition government, instead of taking allies into confidence, takes investors into confidence. “More importance is given to the companies instead of the parliament. We will have to think about the basis of our unity,” he added.

Expressing his displeasure, Mengal said that a CEO of a company is respected more than the allies. He added that his province was “looted” by everyone. “The resources change people’s lives, but it is Balochistan’s misfortune that the way the resources were discovered there, they became a disaster for the people,” he added.

During the programme, another ally of the government Jamaat-e-Islami-Fazl’s (JUI-F) Senator Kamran Murtaza said that the Foreign Investment Bill has been passed forcefully and with deceit which is a threat to Pakistan. 

Senate okays Foreign Investment Bill

The upper house of parliament on December 12 approved the Foreign Investment (Promotion and Protection) Bill, 2022 in the midst of protests by opposition benches.

In light of the approval, the Pakistan government would sign the deal on December 15.  

President Arif Alvi also signed the Foreign Investment Promotion and Protection Bill 2022 on Tuesday turning it into an act. The law, which was already passed by two houses of parliament on Monday, is aimed at giving protection to foreign investments in the country. 

The statement from the Prime Minister’s House said the Ministry of Petroleum and other concerned ministries were also directed to go ahead with signing the Reko Diq deal on December 15. 

“The federal cabinet asked secretary/additional secretary petroleum under Rules of Business 1973 to sign the deal on behalf of the Pakistan government,” the cabinet decided. The statement said that the cabinet was apprised that a Presidential Reference under Article 186 was filed to secure legal opinion and the Supreme Court on December 9, 2022 declared that process of reorganisation of the Reko Diq project funding plan was transparent. The apex court also observed that the agreements which are being signed in this connection are also as per law.

The cabinet was also informed that it was decided with the coalition that legislation made in parliament was confined only to the Reko Diq deal. The meeting also okayed the regulatory framework for the Reko Diq Project Company.

The meeting also constituted a five-member committee, which would meet leaders of the coalition parties to remove their reservations. It was also decided certain amendments would also be made in consultation with stakeholders.

The five-member committee comprises Law Minister Azam Nazeer Tarar, Finance Minister Senator Ishaq Dar, Minister for Trade Syed Naveed Qamar and Minister for Economic Affairs Sardar Ayaz Sadiq.

In case the agreement is not signed by December 15, Pakistan would have to pay four million dollars per day as interest on the 5.9 billion dollars penalty imposed by the International Center for Settlement of Investment Disputes on July 12, 2019.

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Today, 190 million pounds in NAB reference cases and cypher will be heard by the IHC.

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The founder of Pakistan, Tehreek e Insaf (PTI), has filed a bail petition against a 190 million-pound NAB reference, and the Islamabad High Court (IHC) is set to hold a hearing today.

Chief Justice Aamer Farooq of the IHC and Justice Tariq Mehmmod Jahangiri, the other member of the two-member bench, will hear the matter promptly at 12 p.m.

Presenting the arguments before the court will be the prosecutor from the National Accountability Bureau (NAB) during the hearings.

In addition, today is scheduled for the hearing of the petitions filed by Shah Mehmood Qureshi and PTI founder Imran Khan opposing indictment in the cypher case.

At precisely 2 pm, the cypher case hearing will be presided over by a second two-member bench made up of CJ Aamer Farooq and Justice Mian Gul Hassan Aurangzeb.

Here, the prosecution’s arguments will be made in front of the bench by the Federal Investigation Agency (FIA) prosecutor.

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Pakistan

To discuss privatisation with the government, Bilawal establishes a committee.

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Chairman of the Pakistan Peoples Party (PPP), Bilawal Bhutto Zardari, has formed a committee to discuss privatisation concerns with the government.

Sherry Rehman, Syed Naveed Qamar, and Saleem Mandviwalla are among the committee members, according to a notification released by the PPP Chairman’s Secretariat.

The coalition administration has already established a panel to actively pursue the privatisation of state-owned firms (SOEs), such as Pakistan Steel Mills and Pakistan International Airlines.

To allow the government to sell PIA’s fifty-one percent of the company, the Privatisation Commission called for bids from interested parties in April.

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Pakistan

Supreme Court halts PHC and ECP decisions regarding reserved seats

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On Monday, the Election Commission of Pakistan (ECP) and the Peshawar High Court (PHC) were suspended by the Supreme Court, even as they accepted the plea of the Sunni Ittehad Council for a hearing. The ECP had decided to award the reserved seats of SIC to other political parties.

Judge Mansoor Ali Shah stated that the people’s mandate should be appropriately represented in the Parliament as the proceedings resumed following a short interim.

Let me explain what the Election Commission has truly done, stated the Council of the ECP. We only dispersed the reserved seats once. No new distribution of them was made.

The court, Justice Shah said, was more interested in following the Constitution than in what the Election Commission had done. Giving other parties more seats isn’t it against the idea of proportionality, Justice Shah questioned.

Seats were unfairly awarded to other parties, according to Justice Athar Minallah. Even after losing the electoral symbol, a party could still run for office, according to his observation.

In order to determine whether the case would be handled by the same bench or a larger bench would be established to hear it, the Supreme Court then forwarded the reserved seat subject to the Judges Committee.

The Pakistani Election Commission received applications from the opposing parties on March 4 and decided to utilise a proportional representation process to assign seats to political parties based on the number of seats each party won. This meant that seats in the National Assembly and provincial assemblies would not remain empty.

The PTI-backed SIC lost 77 reserved seats as a result of the development, including two women’s seats in the Sindh Assembly, twenty women’s seats in the National Assembly, twenty women’s seats in the Khyber Pakhtunkhwa Assembly, and twenty-seven women’s seats in the Punjab Assembly; all totaling twenty-three seats.

Additionally, pleas for women’s and minorities’ reserved seats submitted by the Sunni Ittehad Council (SIC) were denied by the Peshawar High Court.In its challenge, the party said that SIC should not have been granted reserved seats for women and minorities by the Election Commission of Pakistan (ECP).

Previous steps

In a case involving the refusal to provide the Sunni Ittehad Council (SIC) reserved seats, the appeal court had previously dismissed the federal government’s challenge to the three-member bench.

An appeal for reserved seats submitted by the Sunni Ittehad Council is being heard by a three-judge panel led by Justice Mansoor Ali Shah and including Justices Muhammad Ali Mazhar and Athar Minallah.

The federal government asked the court to form a larger bench so that more people could hear the matter when the hearing got underway. Adviser General Aamir Rahman, speaking for the federal government, stated that the appeals could only be heard by a larger bench. But the objection on the bench was dismissed by the court.

Situated on reserved seats, the female parliamentarians expressed disapproval of the bench as well. Under the Practice and Procedures Act, only a five-member bench could hear the issue, according to the attorney for the female parliamentarians. The dispute involved the interpretation of Article 51 of the Constitution.

Under Article 185 of the Constitution, Justice Mansoor Ali Shah noted that the current case was being handled as an appeal. Under Article 184/3, the current case was not filed. Court decisions on the admissibility of appeals were left up to the court, according to Justice Mansoor Ali Shah.

In addition, he said, a larger bench may be assembled to hear the case if it was determined that the case could be maintained.

Arguments made by Faisal Siddiqui the Advocate

Prominent Sunni Ittehad Council lawyer Faisal Siddiqui began putting forth the points. Following the February 8 general elections, Siddiqui announced that PTI’s returned candidates became members of the Sunni Ittehad Council.

There were still seven candidates in the National Assembly who had independent status, according to Justice Mansoor Ali Shah.
If PTI was a registered political party, Justice Athar Minallah questioned.

Siddiqui, the advocate, confirmed that PTI was a legally recognised political party. Although it wasn’t present during the election, Justice Shah noted that it was a registered political party.

Can you tell me how many days independent members have to join a party? said Justice Muhammad Ali Mazhar. A political party must be joined by independent members of the National Assembly within three days, according to Siddiqui. Justice Minallah asked,

“Will candidates of a political party forfeit their right to represent if the party lacks an electoral symbol?” A political party might transform into a parliamentary party by running for office, Siddiqui informed the court.

There is also the case where a political party holds elections yet does not allow its successful candidates to leave. What mechanism is used to allocate reserved seats among political parties, Justice Shah inquired?

Justice Shah enquired, “Will the political party take reserved seats according to the number of seats won or can it take more? According to Siddiqui, no political party is allowed to have more reserved seats than their share.

After upon, the Supreme Court quickly postponed the case hearing till 11:30 while summoning Election Commission representatives with documentation.

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