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CJP Bandial asks political leadership to refrain from violating law

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  • Ours is not a political role, CJP Bandial 
  • CJP says political wars should be fought but on the streets.
  • Govt had filed plea in top court against PTI’s long march.

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial on Thursday asked the political leadership to refrain from violating the law and the constitution, or else there would be consequences.

“Ours is not a political role,” CJP Bandial said while heading the fivei-member bench hearing the government’s contempt petition against PTI Chairman Imran Khan. Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, and Justice Sayyed Mazhar Ali Akbar Naqvi are also part of the bench.

The government through the petition is seeking orders restraining Khan from creating a law-and-order situation in line with the party’s proposed long march to Islamabad.

Advising the Attorney General for Pakistan to read the reports of the security agencies, the CJP said political wars should be fought but on the streets.

“The reports indicate that PTI had violated the promises [made to the court],” the AGP said, informing the court he was not provided with the copies of the reports to which the bench said the court would give him the reports.

“You want to avoid a war in the streets, so de we,” the CJP said adjourning the court till Wednesday, October 26, 2022 adding, “If something comes up in the meanwhile, we will take needed measures”.

The petition was filed by the Interior Ministry on October 13, requesting contempt of court proceedings against the former PM, under Article 204 of the Constitution for flouting and disregarding the orders of the apex court passed on May 25, 2022, on the petition filed by the Islamabad High Court Bar Association.

In its petition, the federal government told the apex court that the PTI chief is making announcements of marching towards Islamabad, which was a violation of a court order.

“Imran Khan is making announcements to attack Islamabad,” says the plea. It urged the Supreme Court to direct the PTI chief to ensure the implementation of its orders related to protests and sit-ins.

A five-member larger bench of the apex court, headed by Chief Justice Umar Ata Bandial with Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, and Justice Sayyed Mazhar Ali Akbar Naqvi as members took up the plea for hearing.

At the outset of the hearing Attorney General of Pakistan, Ashtar Ausaf Ali presented his arguments in the case.

The government’s lawyer told the court that on its May 25 order, the law enforcement agencies had confined themselves to the Red Zone after which PTI supporters started pelting stones at the law enforcers and resorted to violence in the federal capital.

Recalling the events, the AGP said that it was decided that the PTI leadership would sit with the government and finalise the protest plan. But despite assurances from the party, Imran Khan directed workers to reach D-Chowk, he added.

Khan called his workers to converge on D-Chowk despite assuring the court he would not do so during the proceedings, the AGP recalled. The Srinagar Highway was opened for traffic on the court’s order. The PTI had asked for the Parade Ground but the workers thronged the D-Chowk on the contrary, the AGP added.

“…workers headed towards the Red Zone and then clashes broke out with law enforcement agencies. Protesters vandalised public and private properties,” the AGP said adding that the PTI’s lawyers were in contact with the party leadership during the proceedings that led to the Supreme Court’s May 25 order.

Ausaf also read out the Supreme Court’s May 25 order before the five-member bench. “The order forestalled us from apprehending [PTI] workers. It directed the Inter-Services Intelligence (ISI), Intelligence Bureau (IB), Inspector General Islamabad and the interior ministry to submit reports.

The AGP urged the Supreme Court to issue an interim order to stop Imran Khan’s planned long march to the federal capital. When asked what did he want, the AGP said, “Imran is inciting an attack on Islamabad and calling it jihad. He is provoking people through his fiery speeches.

“Protect citizens’ fundamental rights is the It is the state’s responsibility.”

“According to you (AGP), the court order had already been breached. You were the executive authority and following the court order. Now, you have the freedom to take preventative measures,” Chief Justice Bandial observed.

He noted that 31 people had been injured in the “Azadi March” and public property was destroyed. “Imran Khan was gone the next morning.”

“We will study reports in this matter. You should gear up for the situation as per the law,” the CJP directed the attorney general with regard to the security measures during the PTI’s march that Imran Khan said would not be delayed past October.

“You are telling us [the PTI] aims to march towards Islamabad and stage a sit-in again. You can handle the situation, while staying within the confines of the law,” Justice Bandial said adding, “As of now, it’s just speeches”.

The CJP said the government should be able to manage the law-and-order situation wherever there were threats in the urban areas of the country.

“We [the court] should be asked to stop the crowd, but there is none right now,” the chief justice observed.

The court however rejected the government’s request to issue an interim order for stopping the PTI’s planned long march and called on the AGP to come to the next hearing after completing his homework.

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The government has dismissed the PTI’s request for a judicial panel probing the violence on May 9.

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The federal government’s negotiation team has completed a comprehensive written reply to the demands put out by PTI.

The statement addresses all points presented by PTI, including the rejection to establish a judicial panel for the events of May 9.

The administration highlighted that judicial commissions are constituted for issues not subject to judicial review, and cases pertaining to May 9 are currently being adjudicated in courts, with certain persons having been condemned by military tribunals.

PTI has consented to engage in negotiations with the Prime Minister’s committee. An in-camera session has been arranged at Parliament House to further deliberate on the topic.

The letter response requests comprehensive lists of missing persons and arrested individuals from PTI, inquiring how measures for their release may be implemented without adequate information. Furthermore, PTI’s assertions concerning fatalities during protests necessitate corroborative data.

The government committee intends to deliver the written response to National Assembly Speaker Ayaz Sadiq in the imminent future. The Speaker will determine whether to convene the fourth round of discussions upon receipt of the response.

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Why the APS assailants were not convicted in military courts is questioned by a SC justice.

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The Supreme Court’s seven-member constitutional bench, presided over by Justice Aminuddin, is currently considering intra-court appeals against civilian trials in military courts. The court asked why the attack on the Army Public School (APS) did not result in a military court trial, even though it involved the Army Act and a criminal conspiracy.

Justice Aminuddin stated, “We acknowledge the presence of military courts, but we need to assess the ‘patch’ that has been applied within the system.” Mohammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Jamal Mandokhail were also on the bench.

The session focused on points made by Khawaja Haris, the Ministry of Defense’s attorney, who underlined that military courts are set up under the Army Act for crimes involving the armed services. He made it clear that the topic of debate is the trial of crimes under the Army Act, not civilian trials.

Concerning the intent behind crimes, Justice Mandokhail questioned if military trials would take the defendant’s motivations into account. Regardless of the individual’s intention, Khawaja Haris retorted that a military court would hear instances pertaining to the Army Act.

The 21st Amendment, which permitted military court proceedings, was passed under particular conditions, including the APS attack, the bench pointed out. Even after the horrific attack on an Army school, Justice Mandokhail said military tribunals were impossible without a constitutional amendment, citing the amendment.

In order to bolster his claims on the connection between crime and the Army Act, Khawaja Haris cited other rulings throughout the session. He emphasized that the type of offense determines the trial venue. The bench was eager to learn more about the process’s constitutional ramifications, though, and questioned why some attacks—such as those against military installations—were not subject to military tribunals under the current system.

Justice Mandokhail questioned why, even if the Army Act was in effect at the time of events like the APS assault, constitutional revisions were necessary for terrorism prosecutions to take place in military courts as the session went on. The court has postponed additional considerations until tomorrow, and the case continues to be a critical analysis of civilian justice versus military courts.

Today’s intra-court appeal against civilian military court trials was still pending, and Defense Ministry attorney Khawaja Haris will resume his arguments on Thursday.

The 21st Constitutional Amendment, the tragedy of the Army Public School attack, and the comments made by former Senate Chairman Raza Rabbani were all discussed at the hearing before the Supreme Court’s seven-member constitutional bench.

The presence of military courts is recognized, but the “patch on velvet” needs to be reviewed, said Justice Jamal Mandokhel.

After voting in support of the 21st Constitutional Amendment, Raza Rabbani shed tears, which are now part of history, according to Justice Hassan Azhar Rizvi.

Khawaja Haris will continue to offer arguments at the intra-court appeal session tomorrow.

In order to counter terrorism, the 21st Amendment was passed after the APS assault. The bench, led by Justice Ameenuddin, cited the particular circumstances of this amendment.

This constitutional amendment allowed terrorists to be tried in military courts. Haris maintained that criminals implicated in events such as the May 9 assaults are subject to military trials.

The 21st Amendment was made for specific conditions, including the APS attack, where military trials became necessary. Haris emphasized that such trials, even without the amendment, could still take place under the military court system.

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‘Green City’ is how LHC sees Multan in order to combat pollution.

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On Friday, officials were ordered by the Lahore High Court to turn Multan into a “green city” in order to lessen the consequences of environmental pollution.

On Tahir Jamal’s petition, LHC Justice Jawad Hassan rendered a thorough decision.

In order to have its own 2020 order put into effect, the petitioner had prayed before the court.

The responsible officials were instructed by the court to create a strong plan for turning Multan into a green city.

All departments were instructed to designate spokespersons by the LHC.

All parties involved in this matter must be consulted, according to the specified instructions.

A long-term strategy is needed to address Multan’s environmental contamination and declining AQI, according to Justice Jawad Hassan.

Every department was ordered by the court to provide a report on a monthly basis.

The written directive stated that Multan’s efforts to address the pollution were insufficient.

The director general of PHA Multan told the court that 14,825 trees were planted in the city in 2024.

According to the director general of PHA, DG Khan, 28,471 trees were planted in 2024.

10,560 trees were planted in private housing societies by the Multan Development Authority, it was further said.

The court ordered that the matter be heard on the first Tuesday of each month.

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