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PTI suspends membership of Karachi lawmaker Abdul Shakoor Shad

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  • PTI issues show-cause notice to Abdul Shakoor Shad, 
  • Party asks MNA to submit reply within seven days.
  • PTI says Shad had approached IHC “suddenly” over resignation.

KARACHI: The PTI on Saturday suspended the membership of its lawmaker Abdul Shakoor Shad and issued a show-cause notice to him over his recent remarks and decision to approach Islamabad High Court (IHC).

In the notice, PTI’s Sindh chapter told the lawmaker that he had submitted his “handwritten resignation letter” and also shared it on his Twitter.

The notice also claimed that Shad in his Twitter bio had written that he was a former member of the National Assembly (MNA). It further stated that the Karachi lawmaker had also filed his papers as a covering candidate for PTI Chairman Imran Khan for the NA-246 by-elections.

“Despite strict party instructions to not withdraw your candidature, you (Shad) withdrew your papers after acceptance of the party chairman’s papers,” the notice read. It also stated that the lawmaker had approached the Islamabad High Court “suddenly” and gone against the party policy.

The notice also claimed that Shad had gone to the media and spoken against the party on “various occasions”.

“This is gross misconduct and in violation of party rules and therefore you (Shad) are required to submit a reply within seven days of this notice stating why your (Shad) party membership should not be cancelled. Till that time your basic party membership is hereby suspended and you cease to hold any party office and/or position,” said the notice.

Shad was elected from NA-246 in the 2018 elections after he defeated PPP Chairman Bilawal Bhutto-Zardari. The seat was considered a stronghold of the PPP as it includes Karachi’s Lyari neighbourhood which has historically voted for the Bilawal-led party since his grandfather’s time.

However, in April of this year, the PTI lawmakers tendered their resignations en masse after Imran Khan’s government was ousted through a no-confidence motion in April. Later, the then deputy speaker Qasim Suri accepted the resignations and issued a notification in this regard.

However, resignations of PTI members were de-sealed once Raja Pervez Ashraf was elected as the National Assembly speaker.

Subsequently, in July Shad was among the 11 lawmakers whose resignation was accepted by Speaker Ashraf under Article 64(1) of the Constitution of Pakistan.

Once the resignations were approved by the speaker, the ECP issued a schedule for by-elections on the vacant seats and fixed September 25 as the date for polling.

However, things took a new twist on Friday (yesterday) when Shad challenged his resignation in the IHC, saying that he had expressed solidarity with the 123 MNAs who had left their seats, but he never resigned.

During the hearing, IHC Chief Justice Athar Minallah directed Shad to continue working as a lawmaker and also nullified the ECP notification that de-notified him.

IHC CJ Minallah also issued notices to ECP and the NA Secretariat, seeking answers from them within two weeks.

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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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