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Punjab ordered to issue divorce certificates to non-Muslims

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  • Lahore High Court directs provincial authority to frame rules within 90 days.
  • Petitioner says issue is faced by many members of Christian community.
  • NADRA’s Registration Policy allows change of marital status on basis of affidavit.

The Lahore High Court (LHC) Wednesday directed the Punjab government to frame, within 90 days, rules under which union councils would issue divorce certificates to members of Christian and other non-Muslim communities in Pakistan.

In many parts of the country, the divorce certificates are not issued to non-Muslims by union councils that instead claimed such certificates were “not issued to the Christian community.” This is an issue for members of the said community because, without a divorce certificate, they cannot request the National Database and Registration Authority (NADRA) to update their marital status while applying for the renewal of their identity cards.

The matter was brought to the attention of the LHC during the case Shumaila Sharif vs the secretary union council etc.

The petitioner in her appeal requested that the court is a writ of Mandamus — an order from a court to an inferior government official ordering the government official to properly — against the relevant union council and direct it to issue her the divorce certificate.

The case proceedings

The petition was heard on December 16 last year and the presiding judge was Judge Tariq Saleem Sheikh.

During the proceedings, the counsel of the petitioner, Advocate Umar Saeed, said that the issue was faced by several people in the Christian community and was not a one-off incident.

Citing Section 33 (1)(j) of the Punjab Local Government Act 2022 (PLGA 2022) — which mandates that union councils ensure registration of births, deaths, marriages and divorces for all the communities without discrimination — and Article 36 of the Constitution, which expressly requires the state to protect the minorities’ legitimate rights and interests, the counsel argued that by refusing to issue the requisite certificate, the council was failing to fulfil its legal duty.

Additionally, Advocate Kashif Alexander, the court’s amicus curiae on the matter, contended that obtaining a divorce certificate is a legal right that cannot be denied.

Together the two emphasise that while the Constitution of Pakistan (1973) does not explicitly guarantee the right to identity, Article 9 (right to life) and Article 14 (dignity of man) safeguard that right. Therefore, any citizen whose marital status changes due to the dissolution of marriage by divorce has a fundamental right to obtain a divorce certificate from the competent authority and then have their CNIC updated/revised.

The Additional Advocate General has little to defend the respondents and said that the provincial government was taking steps to address the complaints of the Christian community regarding the non-issuance of divorce certificates.

The verdict

During the proceedings, it was brought to the court’s attention that NADRA’s Registration Policy dated 06.04.2021 (Version 5.0.2) allowed a change of marital status of a divorcee on the basis of an affidavit in the prescribed form.

In light of this, the court directed that until the provincial government framed the requisite rules needed for the issuance of the divorce certificate by the union council, NADRA shall accommodate the Christian community in accordance with the Registration Policy 19.

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government contests Imran Khan and Qureshi’s exoneration in the cipher case

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On Thursday, the federal government led by Prime Minister Shehbaz Sharif filed a lawsuit in the Supreme Court contesting the exoneration of former Foreign Minister Shah Mehmood Qureshi and former Prime Minister Imran Khan in the well-known cipher case.

Citing procedural and jurisdictional issues, the Ministry of Interior has appealed the Islamabad High Court’s (IHC) ruling.

In hearing the cipher case, the High Court allegedly overreached its power, arguing that judges cannot change laws where Parliament has not expressly passed legislation.

Despite receiving government-funded legal representation, the petition emphasized Imran Khan and Shah Mehmood Qureshi’s lack of cooperation during the trial, submitting 65 separate motions and neglecting to cross-examine witnesses.

The petition contended that in order for a retrial to satisfy legal standards, the High Court should have ignored important evidence that was given during the trial. It requests that the appeals contesting the IHC’s June 3 acquittal be given a hearing date by the Supreme Court.

Case history

The cipher issue concerns a supposed diplomatic document that disappeared from Imran Khan’s custody. The cipher allegedly contained threats from the US to remove Khan from office, according to the Pakistan Tehreek-e-Insaf (PTI) party. Shah Mehmood Qureshi and several aides, including Asad Umar, are named in the First Information Report (FIR) submitted by the Federal Investigation Agency (FIA) in accordance with Section 34 of the Pakistan Penal Code and Sections 5 and 9 of the Official Secrets Act.

The then-foreign secretary received a diplomatic cipher from Washington on March 7, 2022, according to the FIR. The lawsuit claims that by manipulating the data for their own benefit, Khan and Qureshi put the safety of the country at risk. It alleges that on March 28, 2022, Khan secretly met at his Bani Gala home and gave his Principal Secretary, Muhammad Azam Khan, instructions to change the content of the cipher to his advantage, jeopardizing national security.

The document asserts that Khan still has custody of the cipher, jeopardizing Pakistan’s encrypted messaging systems and possibly helping foreign forces, which would be detrimental to the nation. A complaint has been filed by the FIA’s Anti-Terrorism Wing against Khan, Qureshi, and other individuals for improper use of state secrets and unapproved possession of the cipher.

Acquittal by the Islamabad High Court

In the cipher case, on June 3, the IHC cleared Khan and Qureshi when Justice Aamir Farooq issued a succinct ruling in their favor. Their sentences were appealed in the case, which has since been a source of political and legal controversy, leading to their acquittal.

This acquittal and the ongoing legal and political struggles surrounding the cipher case are highlighted by the government’s subsequent move to contest it.

With potentially huge ramifications for the parties involved and the larger political scene, the Supreme Court’s decision over whether to hear the appeal will be keenly scrutinized.

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Shahid Khaqan Abbasi urges political stability in order to accelerate economic expansion.

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Shahid Khaqan Abbasi, the former prime minister, emphasized on Thursday how important political stability is to Pakistan’s economic development and how the nation cannot prosper without it.

His concern was that export growth had not progressed, and he emphasized that stability in the current climate is vital to draw investments and carry out the necessary reforms.

In his criticism of the tax system, Abbasi brought up the erratic nature of tax laws and the transient nature of the most recent tax slab implementation. Insisting that difficult choices are unavoidable for economic recovery, he emphasized the necessity of designing a tax system that is equitable and does not burden the people.

Furthermore, arguing that the effectiveness of organizations like the Federal Board of Revenue (FBR) and National Accountability Bureau (NAB) is essential for economic governance and transparency, Abbasi urged for changes within these and other organizations.

Abbasi, in his discussion of more comprehensive fiscal plans, suggested that the National Finance Commission (NFC) award be reviewed again and that power distribution companies (DISCOs) be decentralized to the provinces.

In order to reduce inefficiencies and corruption at the provincial level, he recommended looking into ways to share the cost of defense spending and decentralize the management of energy resources.

In closing, Abbasi emphasized that Pakistan’s economic trajectory will stay stagnant unless comprehensive changes are implemented immediately. To move the nation towards sustainable progress, he urged policymakers to give stability and structural reforms first priority.

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Through in-app QR payments, Zindigi and SBP streamline transactions involving sacrificial animals.

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With its in-app QR code payment system based on Raast, Zindigi—powered by JS Bank—has elevated the convenience of cashless payments for the procurement of sacrificial animals to a whole new level for Eid ul Adha.

This program uses QR code payments to streamline transactions for sacrificed animals for the general public and traders. It is a component of the State Bank of Pakistan’s Raast quick payment service.

This feature enables users of Zindigi and users of any digital banking apps or wallets to safely and easily make payments at certain cattle markets throughout Pakistan using Zindigi QR. The consumer must scan the QR code of the livestock merchant and pay the transaction amount in order to complete the payment.

In order to further financial inclusion and digital innovation in Pakistan’s developing economy, Zindigi and the State Bank of Pakistan have partnered. Both organizations are committed to improving the efficiency and accessibility of financial services, especially on holidays such as Eid ul Adha, by utilizing the most recent developments in fintech.

One of the most important steps toward promoting financial inclusion and economic empowerment at the local level is the integration of livestock markets into the digital economy. Farmers and retailers may take charge of their financial operations and help realize the larger goal of an inclusive digital Pakistan by adopting digital payments.

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