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Pakistan

Supreme Court sends notice to ECP over delay in Punjab polls

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Issuing notices to the Election Commission of Pakistan (ECP) for dragging feet on polls in Punjab, the Supreme Court of Pakistan Monday sought guarantees from the government and Pakistan Tehreek-e-Insaf (PTI) to bury the hatchet for free, fair, and transparent elections. 

These developments came to the fore during the hearing of the plea regarding the date for general elections in Punjab and Khyber Pakhtunkhwa today (Monday). 

A five-member larger bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, heard the plea. The court also issued notices to governors of two provinces through the chief secretary.

“The court only needs assurance from both sides. The elections should be peaceful, transparent, and fair. If the government and PTI want elections, they have to give assurances,” Chief Justice Umar Ata Bandial said.

He added the parties would decide what those assurances would be like not the court.

“The parties should evaluate what is and what isn’t good for the public. Pakistan’s Constitution was not made for only setting up or toppling the governments,” he remarked suggesting it was more than that.

The SC’s top judge said that the Constitution was interpreted while keeping the life and happiness of people in mind.

“The current situation is alarming. Elections can only be held when the conditions are favourable,” he said and insisted that one could not run away from the facts.

The chief justice maintained that the country’s atmosphere had turned poisonous due to political intolerance. “The present political situation is terrible. Politicians are at each other’s throats,” he said.

Justice Bandial asked both the government and the Imran Khan-led party to decide what is best for Pakistan.

Sharing his remarks regarding the ECP, the top judge said that it was merely an institution. “The election commission requires facilitation and support for [conducting] polls.”

Apart from sending notices to all parties mentioned in the PTI’s plea, the apex court has also sent a notice to the governors of both provinces through chief secretaries.

The chief justice remarked that polls were essential for the functioning of the country’s governance system. “The election process should be transparent and peaceful. Article 218 calls for transparency of elections.”

Justice Bandial also questioned the performance of leaders in the country. “What have our leaders done so far?”

PTI’s counsel Barrister Ali Zafar, during his arguments, said that the objective of the caretaker government was to hold elections within 90 days. “The polls cannot be delayed for five months after the deadline.”

Apart from the CJP, the bench included Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Amin-Ud-Din Khan and Justice Jamal Khan Mandokhail.

The PTI moved the apex court following the ECP decision to postpone the Punjab polls from April 30 to October 8 after financial and security authorities expressed their inability to support the electoral process.

In light of the Supreme Court’s split ruling last month, President Arif Alvi announced the date for the Punjab polls after consulting with the ECP.

Weighing in, Justice Ijazul Hassan said the ECP first said it was unable to fix a date for elections and later it postponed the date (given by the president) in total contradiction to its earlier position. 

Justice Munib Akhtar said the Supreme Court’s decision was undersigned by all five judges.  “It is not like that there are two Supreme Court decisions. Dissenting notes in judgements are not out of ordinary.”

Meanwhile, the additional attorney-general of Pakistan requested the court to adjourn the case for two to three days. However, the request was rejected by the court.

The additional attorney-general said that attorney-general Barrister Shehzad Elahi had resigned from the post. He pleaded with the court to adjourn the case until the appointment of a new attorney-general.

Responding to this, the Chief Justice said that the nominated attorney-general had visited him earlier today and would join by tomorrow.

Justice Bandial also spoke about the ECP seeking Article 254’s support for postponing the elections. “Can Article 254 be invoked in such a scenario? The Article 254 does not allow violation of the Constitution,” he remarked.

The top judge added that the court was determined to “dispose of this case as soon as possible”.

“The Election Commission should answer the questions raised in PTI’s petition,” he said while addressing the electoral authority.

Following the ECP’s announcement, Khyber Pakhtunkhwa Governor Haji Ghulam Ali also urged the electoral body to also hold the general elections on the same date (October 8) as the Punjab polls given the growing security threats from terror groups operating from the Pakistan-Afghanistan border regions.

Hearing

At the outset of the hearing, PTI’s lawyer Barrister Ali Zafar said that contempt of court has been committed thrice.

“When was the election schedule issued?” questioned CJP Bandial.

The PTI’s counsel replied that the schedule was issued on March 8. “The Election Commission did not have the authority to give a date for the elections,” he added.

Barrister Zafar said that the KP governor failed to give a date for the polls in the province despite the Supreme Court’s orders.

He added that the president, after consultation with the ECP, gave April 30 as the date for polls.

Barrister Zafar said that the apex court had ordered the ECP to fix the earliest date for elections after the completion of the 90-day period.

“Fixing a date for the polls far later after the 90-day deadline was also contempt of court,” he said, adding that the ECP has either changed or suspended the Constitution.

The Ministry of Interior and Defence refused to provide security personnel, he added.

Zafar said that the Constitution does not allow the postponement of elections on the basis of the administration’s non-cooperation.

“What guarantee is there that the situation will be better in October?” he questioned,

“What do you want from Supreme Court?” Justice Mandokhail asked the PTI lawyer.

At this, the PTI’s counsel said that the top court should ensure the implementation of the Constitution and its order.

Justice Mandokhail remarked it was the high court’s job to ensure the implementation of the orders.

“Elections will never be held if the reason for lack of funds is accepted,” said Zafar, adding that the matter was just not confined to the execution of the court orders.

“One high court cannot hear the matter of elections in two provinces,” said Barrister Zafar.

He added that the Supreme Court had announced its decision using its authority, which still prevailed.

“ECP’s decision became a hurdle in the way of the Supreme Court ruling.”

The PTI’s counsel said that only Supreme Court could decide better whether the orders were violated or not. “It is a matter of fundamental rights of the people of Punjab and Khyber Pakhtunkhwa,” he added.

Pakistan

KU students end protest after ‘picked up’ student returns

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KARACHI: Students of Karachi University called off their protest after a fellow student who was allegedly “picked up” from the varsity’s premises returned. 

A KU student confirmed to Geo News that Saqib, the student who was allegedly “whisked away”,  has returned.

The students of the varsity had launched a protest, earlier today, after Saqib was allegedly “taken away”.

The protesters told Geo News that the student, studying at the Department of Urdu, was allegedly whisked away by some people in plain clothes. They said the men claimed they were from a law enforcement agency.

However, KU Security Adviser Dr Moiz Khan said Rangers have disassociated themselves from the incident.

The university’s administration analysed the closed-circuit television (CCTV) footage to identify the students and the people who picked him up.

After the incident, the students staged a protest outside KU’s Silver Jubilee Gate and blocked the University Road. 

However, upon the police’s request, they shifted their protest to the front of the varsity’s administration block.

The Islami Jamiat-e-Talaba (IJT) claimed that the student was its worker.

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Pakistan

Jibran Nasir’s ‘kidnapping’ case registered hours after he was ‘picked up’ in Karachi’s DHA

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  • Cases registered under sections 365 and 34 of PPC.
  • Nasir’s wife seeks immediate release of her husband.
  • Protest today at 4:00pm at KPC to demand Nasir’s release.

KARACHI: The port city’s police have registered a “kidnapping” case of prominent lawyer and human rights activist Jibran Nasir on the complaint of his wife, Mansha Pasha, hours after the advocate was “picked up” from Defence Housing Authority (DHA) area.

The case has been registered at the Clifton Police Station under two sections of the Pakistan Penal Code — 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person) and 34 (Acts done by several persons in furtherance of common intention).

Pasha, a renowned actress, told police in an application earlier that her husband was “picked up” by men on Thursday night.

Mansha Pashas application to the police. — provided by the reporter
Mansha Pasha’s application to the police. — provided by the reporter

Police were at first, according to Pasha, not registering the FIR. She said she would move the court if the law enforcers did not register the case.

She stated: “On 01.06.2023 at about 11:00 pm, I was returning from dinner with my husband in our personal car … when a white color Toyota Hilux / Vigo … intercepted and hit our car from the front-left side and forced us to stop near Ideal Bakery on 26th Street, Defence Phase 5, Karachi.”

She further added: “Another vehicle i.e. a Silver Corolla blocked our vehicle from behind and as such, we were surrounded. Some 15 people along with weapons came out from the said vehicles in civil clothes and forced my husband to get out of the car, man-handling him towards the subject vehicle. They then abducted him and took him away and his whereabouts are unknown till now.”

In her application, she also requested immediate action be taken to ensure his swift release.

“In light of the above-mentioned situation, I have no other recourse than to approach your office for registration of my complaint for my missing husband. I would be thankful if an immediate action is taken for his swift release. Furthermore, action in accordance with law must be taken against those who abducted my husband,” she wrote.

Furthermore, Pasha told Geo News that a protest was being held at 4:00pm at the Karachi Press Club to demand her husband’s release.

Condemnations

As the news of Nasir’s abduction went viral, several people and human rights organisations condemned the incident.

Concerned by the abduction, they demanded that Nasir be returned home safely and quickly.

The Human Rights Commission of Pakistan (HRCP) took to Twitter stating: “HRCP is deeply concerned by reports that lawyer and activist [Jibran Nasir] has been abducted by unknown armed persons in Karachi. We demand that he be safely recovered immediately and his abductors held accountable under the law.”

Prime Minister’s Strategic Reforms Salman Sufi also tweeted his support for the human rights activist.

“Very disturbing to hear about [Jibran Nasir] abduction. Hope Sindh police will assist his family and locate him immediately. Jibran has always spoken against violent extremism and rioting. Hoping for his safe and immediate return,” he wrote.

Moreover, Imaan Mazari, the daughter of the former human rights minister Shireen Mazari expressed his dismay at the news.

“No words… complete madness,” she tweeted.

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8-year-old girl raped in Islamabad

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  • Afghan girl was raped by a man in broad daylight.
  • Case lodged at Shahzad Town Police Station.
  • Medico-legal official confirms the girl’s rape.

ISLAMABAD: An 8-year-old Afghan girl was raped by a man in broad daylight who managed to run away in the presence of residents of Mohallah Diptian falling in the jurisdiction of Shahzad Town Police Station, The News reported Friday.

The minor victim was shifted to a hospital where the medico-legal official confirmed the rape.

The Shahzad Town police have registered the case against the unidentified rapist under sections 376 and 377/B of the Pakistan Penal Code on the complaint of the father of the victim but couldn’t hunt down the rapist till the filing of this report.

Hazar Gul, an Afghan national, hailing from Jalalabad, lodged a complaint with the Shahzad Town, saying that he was living in Mohallah Diptian, located near Mariam Masjid with his family for a couple of months.

“I was present at my house along with my elder brother when we heard some noises from the street, we rushed out of the house and witnessed a young man running towards us, consequently, without knowing the reason for his escape, we both tried to intercept him but he succeeded to let loose from our clutches and ran off from our custody,” the complainant narrating his story, said.

However, he said, “We moved towards the place where people of the street were gathered and saw my minor daughter crying.”

Upon query, the minor victim told him the tale of the brutal attack on her, saying she was playing near her house when she was dragged by the rapist into an under-construction house and raped forcibly.

The DPO (Rural) has taken up the case and asked the Shahzad Town police to take the case as a challenge and use all their efforts to make headway to arrest the rapist, the police sources said.

The SP has constituted teams and sent them to different locations to get a clue about the rapist.

The sources added that the police have rounded up a few suspects for investigation, claiming that the police teams would make headway to the criminal and hunt him down within the next 24 hours.

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