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SC order: Govt forms new JIT to probe Arshad Sharif murder

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  • ISI, MI officials included in new JIT.
  • JIT directed to submit periodic reports.
  • CJP says court wants transparent probe.

ISLAMABAD: The federal government on Thursday shared the names of the members of a new joint investigation team (JIT) formed to probe the murder of journalist Arshad Sharif with the Supreme Court.

The government has proposed new names for the team after the apex court Wednesday rejected a JIT formed earlier by Islamabad Police and ordered that an “independent” team be constituted to probe the case.

Chief Justice of Pakistan (CJP) Umar Ata Bandial is heading a five-member bench that is hearing the suo motu case into the gruesome murder of journalist Arshad Sharif in Kenya on October 23.

The Kenyan authorities had claimed the journalist was killed in a mistaken identity case after which the African country’s Independent Policing Oversight Authority (IPOA) launched an investigation, the findings of which have not been released as yet.

Sharif fled Pakistan citing threats to his life after a number of treason cases were filed against him.

The apex court took notice and sought responses from the ministries of foreign and interior.

At the outset of today’s hearing, the federal government informed the court that a new JIT has been formed including DIG Islamabad Owais Ahmed, Director Cybercrime FIA Waqaruddin Syed, Sajid Kayani from Intelligence Bureau, Murtaza Afzal from Military Intelligence and Mohammad Aslam from Inter-Services Intelligence.

“We have received the response from the Foreign Office. According to Interior Ministry, the cabinet has asked the foreign minister to contact his Kenyan counterpart,” CJP Bandial said, adding, “The court doesn’t want o get involved in the administrative matters before investigations”.

At this, Additional Attorney General (AAG) Chaudhry Amir Rehman told the bench that they were launching the investigation into the murder immediately and the JIT would first record the statement of the slain journalist’s mother.

“The JIT will probe all the relevant persons in Pakistan and then start investigations in Kenya,” the AAG added.

The chief justice said that the court just wanted an impartial and transparent investigation. “The JIT can approach the Supreme Court in case it faces any hurdle in its investigation.”

Another member of the bench, Justice Mazahar Ali Naqvi inquired whether people named in the FIR would surrender.

At this, Justice Aijazul Ahsan said that those mentioned in the FIR can only be brought back through Interpol. “Once the JIT spins into actoin it can contact the agency.”

“How much time the investigation will take?,” Justice Mohammad Ali Mazhar asked.

To this, the AAG responded that the duration of the investigation depends upon the level of assistance provided by the Kenyan authorities.

The chief justice then directed the JIT to submit a progress report fortnightly.

The Supreme Court said that the panel has been formed in light of FIR and the office of SSP Operation Islamabad will provide assistance to the JIT.

“The investigation team will try its best to complete the work soon,” the AAG said.

“It is also possible that the accused appear themselves, and if they do not appear, legal action can be taken against them,” said Justice Mazahar Naqvi.

AAG Amir Rehman said the real issue is the role of the Kenyan police and the investigation conducted by them.

The Supreme Court said the JIT would use the option of mutual legal cooperation between the two countries and adjourned the hearing of the case till the first week of January.

While issuing directives to the JIT to submit periodic reports, the apex court asked it to inform the court in writing in case it faces any problems.

“JIT would submit progress reports to judges in chambers for review,” the SC stated.

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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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