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Elahi’s petition against Mazari’s ruling: SC proceedings via video link underway

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  • Pervez Elahi challenges Deputy Speaker Dost Mazari’s ruling.
  • Deputy speaker rejected 10 PML-Q votes, dealing a major blow to Pervez Elahi.
  • Case being heard at Supreme Court (Lahore Registry).

LAHORE: The Supreme Court is hearing PML-Q leader Pervez Elahi’s petition against Punjab Assembly Deputy Speaker Dost Mazari’s ruling in the Punjab chief minister’s election and has decided to conduct proceedings via video link.

The decision was made after the courtroom door was damaged following a rush of people trying to get through.

The video link room has been opened and only the respondents’ lawyers will now be allowed to be present in person.

The media is not allowed to enter the courtroom.

A three-member bench — headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar — is holding the hearing at the Supreme Court’s Lahore registry.

The court had summoned Mazari, and sent notices to Chief Minister Punjab Hamza Shahbaz, the Punjab chief secretary and the advocate general for Punjab.

Barristers Ali Zafar, Imtiaz Siddiqui, and Safdar Shaheen Advocate have appeared on behalf of Elahi, while Advocate Mansoor Usman Awan is representing Hamza Shahbaz.

Deputy Speaker Dost Muhammad Mazari is being represented by Advocate Irfan Qadir.

Additional Attorney General Aamir Rehman and Advocate General Punjab Shahzad Shaukat have appeared for judicial assistance.

Among PTI leaders in the courtroom are Shah Mahmood Qureshi, Asad Umar, Fawad Chaudhary, Umar Ayub, Zulfi Bukhari, Sibtain Khan, Umar Sarfraz Cheema, Usman Buzdar and Andalib Abbas.

The top court also sent notices to Chief Minister Punjab Hamza Shahbaz, the Punjab chief secretary and the advocate general for Punjab.

As the hearing began, the chief justice asked Mazari’s lawyer if he has the waqalat naama (power of attorney) for Mazari, to which Advocate Qadir replied in the affirmative.

The first half of the hearing

Prior to the court being adjourned in the morning, PTI’s counsel Barrister Ali Zafar informed the court that during yesterday’s Punjab Assembly session, re-election of the province’s chief minister took place.

Justice Ahsan asked the lawyer how many lawmakers were present during the session, to which he responded that 370 members of the assembly were in attendance.

Zafar argued that Elahi secured 186 votes and Hamza bagged 179 votes, therefore, in line with the Constitution of Pakistan, the PML-Q leader is the chief minister.

The SC’s opinion in the May order, Zafar said, states that the parliamentary party can give directions to lawmakers on whom to vote for, and the PML-Q’s parliamentary party decided to back Elahi, but despite that, Mazari dismissed 10 PML-Q votes.

“They ignored the parliamentary party’s decision,” Zafar said.

At this, the chief justice said that all the relevant parties — deputy speaker, chief minister, and Punjab attorney-general — should be issued notices so they can provide their version.

“We wish to personally hear from the deputy speaker. Only the deputy speaker can tell us which paragraph he was referring to,” Justice Bandial said.

CJP Bandial said that the deputy speaker should come to the court with all the relevant documents and not be “frightened” as this is “just a legal procedure”.

The CJP then adjourned the hearing till 2:30pm.

Later a short order was issued by the court.

“The matter in issue seems more likely to be a controversy regarding the proper understanding or comprehension of the statement of law in our aforesaid judgement (paragraph 3 in Article 63A’s order) rather than of interpretation as such of a constitutional provision,” the short written order read.

PML-N demands full bench hear petition

In a press conference shortly after the hearing started, senior PML-N leader Ataullah Tarar demanded that since this is a matter related to the interpretation of the Constitution, a full bench should hear the petition.

Senior PML-N leader Ataullah Tarar speaks to journalists in Lahore, on July 23, 2022. — YouTube/PTVNewsLive
Senior PML-N leader Ataullah Tarar speaks to journalists in Lahore, on July 23, 2022. — YouTube/PTVNewsLive

The PML-N leader said that court hearings related to constitutional matters that have taken place recently — since the no-confidence motion against ex-prime minister Imran Khan — warrant a full bench.

“Therefore, with the utmost respect, I request that a full bench be constituted to hear this case as well,” the PML-N leader said.

Lashing out at the PTI, Tarar asked how the people who were responsible for the ongoing constitutional crisis could justifiably approach the Supreme Court to resolve their issues.

Later, a joint statement was issued by the coalition parties, urging the chief justice to constitute a full bench to hear the case.

What Mazari did

The deputy speaker rejected 10 votes of the PML-Q, citing the apex court’s opinion in the presidential reference for the interpretation of Article 63A, dealing a major blow to Pervez Elahi and paving the way for Hamza Shahbaz to retain the chief minister’s slot.

Opposition (PTI and PML-Q) candidate Elahi managed to receive 186 votes, but after the deputy speaker’s ruling, the PML-Q leader got only 176 votes, whereas Hamza received 179 votes.

The petition was filed late last night after the Opposition — which was confident of a victory — suffered the setback and vowed to challenge the ruling.

SC order on Article 63(A)

The Supreme Court of Pakistan, back in May, had ruled that the votes of dissident members of the Parliament (MPs), cast against their parliamentary party’s directives, cannot be counted.

The apex court, issuing its verdict on the presidential reference seeking the interpretation of Article 63(A) of the Constitution related to defecting lawmakers of the PTI, said that the law cannot be interpreted in isolation.

During yesterday’s ruling, Article 63(A) was applied after PML-Q President Chaudhry Shujaat Hussain wrote a letter to the deputy speaker, saying that he had directed the party to vote for Hamza Shahbaz.

The ruling has invited criticism from legal wizards as several believe that Mazari’s decision was not in line with the Supreme Court’s order.

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Containers were used to seal the Red Zone before JI’s sit-in at D-Chowk.

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Authorities in Islamabad have blocked off the Red Zone by erecting containers in front of today’s (Friday) Pakistan Tehreek-e-Insaf (PTI) demonstration and the Jamaat-i-Islami sit-in at D-Chowk in Islamabad.

Jamaat-i-Islami is scheduled to stage a sit-in at Islamabad’s D-Chowk, and the Pakistan Tehreek-e-Insaf (PTI) has declared a nationwide protest against the country’s soaring inflation and recent spike in electricity rates.

Containers have been used to block access to the Red Zone’s main crossroads, D Chowk, Nadra Chowk, and Sarina Chowk.

ISLAMABAD, PUNJAB SECTION 144

In the meantime, in response to PTI and JI plans for statewide rallies, the federal and Punjabi governments enforced Section 144 in Islamabad and Punjab. Section 144 will be in force from Friday, July 26 to Sunday, July 28, per the notification that was released in this regard.

Rallies, sit-ins, protests, and rallies are prohibited from July 26 to July 28, according to a letter from the Home Department. It said that terrorists may find public gatherings to be an easy target and stated that the decision had been made with the threat of terrorism in mind.

In contrast, JI Secretary General Ameerul Azeem claimed in a statement that police had raided the residences of JI officials across the nation.

In an attempt to break up the protest, he said, police had targeted JI leaders and activists. He also alleged that multiple instances of police raids, arrests, and harassment of women had occurred in various towns.

GOVT ADVISED

The government was forewarned by Jamaat Emir Hafiz Naeemur Rehman earlier on Thursday that it would face consequences if the party was barred from accessing Islamabad for their scheduled demonstration against inflation and an increase in electricity prices.

He stated in a statement that their belief is in peaceful political protest as a means of securing public rights. “We are not afraid of arrests, and the Jamaat-e-Islami cannot be stopped,” he added.

“The historic sit-in on Friday, July 26, will represent 250 million people of Pakistan, and we will sit peacefully at D-Chowk.”

According to the JI, convoys are in route from all around the nation to participate in the sit-in. He encouraged the administration to offer a location for the protest, highlighting that it is their constitutional and democratic right to speak up for the country.

“Any political party that wishes to participate” was invited, and he welcomed them all.

Prior to the sit-in, police raided the residences of JI leaders and officials in many parts of Punjab and Rawalpindi, making multiple arrests.

Ameerul Azim, the central secretary general of Jamaat-e-Islami, was not able to be arrested during the police raid; instead, Shaukat Mahmood, his driver, was taken into custody.

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The Socioeconomic Registry of Punjab. Real data gathering is essential to effective governance. Maryam

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Maryam Nawaz Sharif, the chief minister of Punjab, announced that the province will introduce the “Apna Ghar Scheme,” adding that accurate data collecting is necessary in order to provide social security to the impoverished.

At the Punjab Socio-Economic Registry’s opening event in Lahore, the Maryam announced that the province’s government has started the “Roshan Gharana” project, which aims to provide 4.5 million individuals with solar panels on manageable installment plans.

Maryam Nawaz, who emphasized the necessity of centralized data, stated that data has become increasingly important in recent years since it makes basic amenities more accessible and aids in the classification of the poor.

She stated that several initiatives are being taken by the Punjabi government to assist those with disabilities.

The Punjab government, led by Chief Minister Maryam Nawaz Sharif, is dedicated to providing relief to the poor, according to Senior Provincial Minister Punjab Marriyum Aurangzeb, who spoke on the occasion.

The government, she noted, is concentrating on health and education services.

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The ECP asks the SC to clarify the ruling in the PTI reserved seat case.

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Seeking clarity on a court ruling concerning the allotment of particular seats to the Pakistan Tehreek-e-Insaf (PTI) party, the Election Commission of Pakistan (ECP) moved the Supreme Court on Monday.

ECP members reportedly agreed unanimously on the SC’s decision to consult the SC.

Particularly cited under Paragraph 10 of the Supreme Court ruling, the ECP has called attention to vagueness in the ruling. In order to determine which body is in charge of party certificate issuance, the ECP is asking the Supreme Court for advice.

Concerning the validity of PTI’s party structure, the ECP pointed out that the organisation hasn’t held internal elections.

In the lack of distinct party organisation and intra-party elections, there is ambiguity over which certifications hold recognition.

Position of ECP

The absence of intra-party elections, according to ECP sources, prevents Tehreek-e-Insaaf from operating as a legitimate organisation.

A plea for clarification on party certificate authority and recognition has been made to the Supreme Court by the ECP.

Resolving the existing ambiguity and guaranteeing proper electoral processes will depend on the Supreme Court’s clarity on these issues.

Continue reading: ECP orders implementation of SC ruling regarding PTI reserved seats

Previous to this, the Pakistan Tehreek-e-Insaf (PTI) reserved seat verdict will be implemented, according to a Friday announcement made by the Election Commission of Pakistan (ECP) of Pakistan.

On Friday, a meeting of ECP members was chaired by Chief Election Commissioner Sikandar Sultan Raja.

If the SC ruling is being carried out with any judicial decision becoming a roadblock, ECP has resolved to seek guidance from the judges in the room.

“The Supreme Court will be consulted for additional guidance in the event of any obstacles,” the ECP statement stated.

ECP declines resignation demand and political party criticism.

The chief election commissioner and members have been the target of persistent attack from a political party, which the highest electoral authority has sharply denounced. No political name was mentioned by the ECP.

The ECP called the demand for resignation from the party “absurd” and rejected the political party’s unjustified criticism, which had been made continuously.

Regardless of the pressure, the statement said, ECP would keep up its adherence to the law and the Constitution.

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