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SC seeking to fix history in ZA Bhutto reference: CJP Isa

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  • CJP says court wants to set better example. 
  • Amicus curiae seeks reexamination of case. 
  • SC adjourns hearing till third week of February.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday said that the Supreme Court is currently looking at one person’s honour and seeking to fix the history “as it wants to set a better example” in a presidential reference pertaining to a death sentence awarded to former premier Zulfikar Ali Bhutto.

The CJP made these remarks during the hearing of the presidential reference seeking to review the death sentence awarded to the Pakistan Peoples Party (PPP) founder.

The apex court larger bench — led by CJP Isa and comprising Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi and Justice Musarrat Hilali — resumed hearing of the presidential reference seeking to revisit the 1979 “controversial” death sentence.

Bhutto was hanged to death on April 4, 1979, in the Rawalpindi district jail in a murder case. His party, however, termed the capital punishment to Bhutto as “judicial murder”.

Former president Asif Ali Zardari, on April 2, 2011, approached the apex court through a presidential reference under Article 186 of the Constitution to seek its opinion on revisiting the trial of the Pakistan Peoples Party (PPP) founder.

During the previous hearing on December 12, 2023, Justice Mansoor raised questions over the presidential reference. The SC judge sought assistance in determining the questions of law, observing that the court had already dismissed the appeal against its verdict which had also achieved the finality.

“The Supreme Court can’t hear another appeal on the matter. How can we rehear the matter that had been closed?”

The court proceedings of the reference were broadcast live on the official website and the YouTube channel of the Supreme Court.

Today’s hearing 

At the outset of the hearing, PPP leader Senator Raza Rabbani came to the rostrum.

“Are you an amicus curiae?” questioned CJP Isa. To this, Rabbani said he was representing Sanam Bhutto, Bakhtawar Bhutto and Asifa Bhutto in the case, adding that he has submitted a petition to become a party in the case.

Meanwhile, Zahid Ibrahim, said he was representing Zulfikar Bhutto Jr and Fatima Bhutto.

Amicus curiae Makhdoom Ali Khan then began his arguments, saying that the chief justice had sought the transcript of an interview in the same case.

At this, Justice Mazhar said that this reference was based on the interview of former judge Justice (retd) Naseem Hasan Shah.

Justice Shah said that the top court cannot decide on the case just by watching an interview. “The court can only give an opinion on legal questions under Article 186,” he added.

At this, Makhdoom said that the question is not about Bhutto’s execution but about the stain on his character. “Later, one of the judges said in an interview that he gave the verdict under pressure,” he said.

After this, the court played the interview of Justice (retd) Shah’s interview.

Justice Shah said that only one of the judges gave an interview while others — who were a part of the bench — remained quiet.

Justice Shah remarked that the only point is that the judiciary was not independent at that time.

Justice Afridi then said that a single interview could not decide that the judiciary was not independent at that time. “There were other judges who wrote their notes and dissented,” he added.

At this, the CJP highlighted that the ratio of the bench in Bhutto’s case was such that the opinion of one judge was also important.

Makhdoom then compared the reference to Samiullah Baloch case, saying the judge who wrote the verdict withdrew his decision. He said that the court should reexamine the case if it believes justice was “massacred”.

Later, Justice Hilali said that the court needs to fix the history as this “black spot” is not only on a person’s character but also on some institutions.

The apex court then adjourned the hearing till the third week of February keeping in view the upcoming general elections.

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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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