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Parvez Elahi gets bail in judicial complex vandalism case

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  • Court grants bail against surety bond of Rs20,000.
  • Elahi accused of sending rioters to Islamabad to vandalise judicial complex on March 18. 
  • Judge observs Elahi was not nominated in judicial complex case. 

ISLAMABAD: An anti-terrorism court (ATC) on Friday approved Pakistan Tehreek-e-Insaf (PTI) President Parvez Elahi’s petition seeking bail in a case relating to an attack on the judicial complex in the federal capital. 

ATC Judge Abual Hasnat Zulqarnain accepted the Punjab former chief minister’s bail against the surety bond of Rs20,000. 

The PTI president was arrested hours after his release from National Accountability Bureau (NAB) custody on September 1, despite the fact that the Lahore High Court (LHC) had explicitly restricted the authorities from arresting him earlier that day.

The September 1 order was a reiteration of similar orders issued by the high court on July 13, 2023. Elahi has been arrested and detained repeatedly since the May 9 riots.

The PTI president is accused of sending rioters to Islamabad to vandalise the judicial complex along with providing vehicles and batons for the same, the police claimed, adding that the physical remand was being sought to question him about unidentified criminals and recover vehicles.

In the previous hearing, Judge Zulqarnain had sent the PTI leader to Adiala jail on a 14-day judicial remand after rejecting the prosecution’s request seeking a 10-day physical remand.

During the hearing today, Elahi’s lawyer Sardar Abdul Razzaq told the court that his client’s name was added to the first information report (FIR) six months after it was filed. 

The Elahi counsel said that others including PTI Chairman Imran Khan and party leader Asad Umar were granted bail in the same case, pleading that his client should also be granted bail.

However, the prosecution opposed the bail plea.

Lawyer Babar Awan told the court that Elahi was not named in the FIR, adding that the police could not recover anything during the three-day physical remand.

“Parvez Elahi was arrested on the basis of suspicion,” added Awan.

At this, Prosecutor Raja Naveed said that the provisions under which the FIR was registered are non-bailable. 

The judge observed that Elahi was not nominated in the Federal Judicial Complex (FJC) attack case. He added that nothing was recovered during his physical remand.

After hearing the arguments, the ATC judge accepted Elahi’s bail application.

Judicial complex riots

On March 18, PTI workers suddenly began pelting stones at the authorities inside the premises of the Federal Judicial Complex during Khan’s appearance before different courts in connection with multiple cases filed against him.

The former prime minister came with hoards of people — who had wooden sticks and stones in their hands — from the opposite side of the road in violation of Section 144.

The situation resulted in injuring 52 police and personnel of other assisting forces, said the police, adding that the PTI workers also damaged 12 Islamabad police vehicles.

Three police vehicles of the Punjab police and Frontier Corps (FC) were also damaged by agitated workers. Moreover, the workers also set fire to four cars of the federal police which were completely burned, added the police.

Subsequently, a terrorism case was registered against the PTI workers at the counter-terrorism department (CTD) police station for vandalism.

Islamabad police had also registered an FIR against the PTI cheif and other party leaders for their alleged involvement in attacking cops, setting ablaze vehicles and destroying property.

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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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