Tag: Attorney General of Pakistan

  • ECP to consult with AGP on Alvi’s election date

    ECP to consult with AGP on Alvi’s election date

    The Election Commission of Pakistan (ECP) on Tuesday held a meeting to review the situation evolving after President Arif Alvi’s unilateral announcement of a date for elections in Punjab and Khyber Pakhtunkhwa (KP).

    ECP decided to consult Attorney General for Pakistan and other legal experts in this regard.

    The meeting was called to after the president announced April 9 as the date for the polls of provincial assemblies.

    On Monday, Alvi exercising his power under Section 57 (1) of the Elections Act, 2017, announced the election date and further asked the ECP to issue an election programme in accordance with Section 57 (2) of the Act.

    Alvi’s move was rejected by federal ministers who were of the view that the president had abrogated the Constitution and he had no right to announce the date.

    The ECP stated that “the commission has been and will continue to make decisions without any pressure according to the Constitution and law”.

    It added that the electoral watchdog is always ready to conduct an election within 90 days as per the Constitution and law, but nowhere in the Constitution, it is written that the commission will give the date for the election.

  • CJP Bandial says not counting a vote during no-trust proceedings against Khan would be ‘contemptuous’

    Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday observed that not counting a vote that has been cast during the no-confidence vote against Prime Minister (PM) Imran Khan would be “contemptuous”.

    CJP Bandial further questioned that for how long a dissident Member of the National Assembly (MNA) could be disqualified.

    He made the remarks during the hearing of a presidential reference seeking the Supreme Court’s opinion on Article 63-A of the Constitution.

    Earlier, during the hearing, Justice Mandokhail questioned whether the MNA’s vote could be counted in the proceedings conducted before he was de-seated, observing there was no mention of not counting a vote in the 18th Amendment.

    Justice Akhtar observed that the purpose of Article 63-A was to stop defection from party policies. “The party’s collective opinion is above an individual opinion. The collective opinion is important for the stability of democracy.” He said one interpretation of Article 63-A was that the vote of dissidents should not be counted.

    Attorney General of Pakistan (AGP) Khalid Javed Khan argued that the real issue was about clarifying Article 63-A(4). “Someone who violates the Constitution by defection cannot be praised. We cannot read what’s not written in the Constitution. Article 62(1)(f) states that an MNA should be honest and righteous.

    “Should defecting from the party be rewarded? Can those who are dishonest be considered righteous?” he asked.

    Justice Mandokhail replied that every MNA had the right to vote in accordance with Article 95, which deals with the procedure to bring in a no-confidence motion against the prime minister.

    “If vote can be cast, it can also be counted,” he observed, asking the AGP why the government was seeking the court’s opinion if it already had the answer. “If you agree with this point, then withdraw this reference,” he added.

    Earlier, SCBA submitted its response in the apex court, stating that voting is an individual right of an MNA instead of a political party’s collective right under Article 95.

    It declared the MNAs’ right to vote for the no-confidence motion against the prime minister to be an individual capacity in its response to the presidential reference for the interpretation on Article 63A of the Constitution Pakistan.

  • ‘PM Khan will de-seat PTI turncoats before vote on no-trust motion’: Fawad Chaudhry

    ‘PM Khan will de-seat PTI turncoats before vote on no-trust motion’: Fawad Chaudhry

    Information Minister Fawad Chaudhry has said that the decision to summon a National Assembly (NA) session would be taken by NA Speaker Asad Qaiser and not Prime Minister (PM) Imran Khan.

    The minister while speaking with Dawn News said that the possible action against what he termed ‘Pakistan Tehreek-e-Insaf (PTI) turncoats’, would be that, “PM Khan has decided to de-seat them before voting on the no-trust motion.”

    The minister’s comments came after around 24 members of the PTI were reportedly found to be staying at the Pakistan People’s Party (PPP) run Sindh House.

    After the news became public on Thursday, PM Khan called a meeting attended by Attorney General of Pakistan Khalid Javed Khan and the NA Speaker.

    The premier directed Qaiser to commence the sitting of the lower house on March 21 and take action against “PTI’s possible turncoats”.

    The Election Commission of Pakistan (ECP) said that it is empowered to take action only after receiving a declaration from the NA speaker about the members voting against party policy or crossing the floor.

    In a joint press conference with the information minister and Energy Minister Hammad Azhar, PTI Secretary General Asad Umar said that PM Khan could also throw money at Opposition lawmakers, but would not do so because he does not stand for the “politics of blackmailing and bribery”.

    “Imran Khan is in politics not for himself, but for the nation,” he added. He also claimed some opposition MNAs were also in close contact with the government.

    “We want to make it clear that we will not do any deals and will not disburse ministries to stay in power. We will remain engaged with our allies but there will be no wheeling and dealing,” said Azhar.

  • Attorney General of Pakistan denies filing reference against Islamabad judge in Mohsin Baig case

    Attorney General of Pakistan denies filing reference against Islamabad judge in Mohsin Baig case

    Attorney General of Pakistan (AGP) Khalid Javed Khan has denied filing a reference against Islamabad’s Additional Session Judge Zafar Iqbal over his verdict in journalist Mohsin Baig’s case.

    Speaking on Geo News programme ‘Naya Pakistan’, the AGP said that the government is not going to file a reference against Zafar Iqbal.

    AGP Khalid Javed was of the view that a review petition can be filed against the verdict but not a reference.

    References cannot be filed based on a judge’s verdicts, nor should be unless evidence or appellate court decision proves the judge’s misconduct, added Khalid Javed.

    On Thursday, the government decided to file a reference against Zafar Iqbal for declaring the Federal Investigation Agency (FIA) raid illegal at senior journalist Mohsin Baig’s home.

    Advocate General (AG) Islamabad Niazullah Niazi met Prime Minister (PM) Imran Khan and briefed him about the case hearing.

    Niazullah Niazi said that a reference would be filed against the judge soon. He said that Mohsin Baig had pointed a gun at FIA and police officials besides threatening the on-duty officers. “Being a media person does not allow anyone to take the law into their own hands.”

    AG Islamabad further stated that PM Imran Khan has said that no one is above the law.

    “Everyone is equal before the law. Constructive criticism is beneficial for Pakistan Tehreek-e-Insaf (PTI) government,” said PM Khan.

  • AGP wants Punjab’s special medical board to examine Nawaz’s health reports

    AGP wants Punjab’s special medical board to examine Nawaz’s health reports

    The office of the Attorney General of Pakistan (AGP) on Thursday requested the Punjab government to place fresh medical reports on the health of former prime minister Nawaz Sharif before a nine-member medical board for examination and further evaluation, reports Dawn.

    The provincial government has been requested to place the document, issued by Dr Fayaz Shawl from Maryland, United States (US), before the nine-member medical board with a request to examine it and evaluate the “known and reported facts and public activities” of Mr Sharif to form an opinion, if any, on this subject, said a one-page letter issued by Secretary Khalid Khan Niazi with the approval of AGP Khalid Javed Khan. The letter has been addressed to Punjab Home Secretary Zafar Nasrullah Khan.

    In its letter to the Punjab government, the AGP’s office explained that the request for placing Nawaz’s health reports before the special medical board was made in view of the January 11 decision of the federal cabinet wherein the AGP’s office had been directed to initiate proceedings for apparent violation of the undertakings given by Nawaz and his younger brother Shehbaz before the Lahore High Court (LHC).

    Earlier this week, Hussain Nawaz, son of Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif, lashed out at the government and said that neither Prime Minister (PM) Imran Khan nor his party members have any say when it comes to Nawaz’s health. 

    Hussain while speaking on Geo News‘ programme ‘Aaj Shahzeb Khanzada Kay Sath’, responded to the questions on why the medical reports of Nawaz Sharif are not being sent to Pakistan and why was the family sending a doctor’s opinion and not legitimate reports for the medical boards to examine. “We don’t need it, Dr Shawl is a world-renowned doctor. Whatever he says is enough,” responded Hussain.

  • ‘No evidence that Nawaz Sharif’s medical reports were fake’: Attorney-General of Pakistan

    ‘No evidence that Nawaz Sharif’s medical reports were fake’: Attorney-General of Pakistan

    Attorney-General of Pakistan (AGP) Barrister Khalid Javed Khan has said that there is no evidence to support that Nawaz Sharif’s medical reports are fake.

    Speaking on Geo News show ‘Aaj Shahzeb Khanzada Kay Sath’, the AGP Javed said they do not want to initiate contempt of court proceedings against Shehbaz Sharif over the subject of Nawaz Sharif’s return. Instead, he said, they want the situation to be settled amicably.

    AGP Khalid Javed said that Punjab Health Minister Dr Yasmin Rashid too said that the medical reports of Nawaz Sharif were not fake.

    AGP said that he is waiting for a decision made by the medical board constituted to further comment on the reports. Until they don’t submit an authentic and comprehensive report, he will wait.

    He also said that he has requested Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif to cooperate and submit Nawaz’s recent medical reports so that the due proceedings can happen. He also said that the medical board will then examine Nawaz’s reports once again and will plan out further accordingly.

    Earlier this week, the AGP had written a letter to the Leader of the Opposition in the National Assembly Shehbaz Sharif to bring back his brother Nawaz Sharif to Pakistan.

    The AGP had instructed Shehbaz to submit Nawaz’s medical reports within the next 10 days. In case he fails to do so, contempt of court petition will be filed against Shahbaz, he had said.

    Federal Minister for Planning, Development, and Special Initiatives Asad Umar had previously revealed that it was “100 per cent Imran Khan’s decision” to send the former PM to London for his medical treatment. “This was first discussed in a cabinet meeting,” he said, adding that the decision was entirely made by the prime minister and the premier did not say that the decision was not his. 

  • ‘Never been hospitalised, activities uninterrupted’: Attorney General wants committee on Nawaz’s health

    ‘Never been hospitalised, activities uninterrupted’: Attorney General wants committee on Nawaz’s health

    The attorney general’s office on Wednesday asked the Punjab government to consider establishing a medical board or a committee that could determine the current status of Former Prime Minister Nawaz Sharif, reports Dawn.

    In November 2019,  Pakistan Muslim League-Nawaz (PML-N)’s supreme leader was granted one-time permission by a bench of the Lahore High Court (LHC).

    In a two-page letter, addressed to Punjab Home Secretary Zafar Nasrullah Khan, the attorney general’s office wrote: “In order to initiate the process of verification in the light of the Nov 16, 2019, Lahore High Court order, the government of Punjab is requested to constitute a medical board/committee to examine the documents submitted as medical reports on behalf of the petitioner and Mian Mohammad Nawaz Sharif so that expert medical opinion regarding the physical condition of Mian Mohammad Nawaz Sharif and his ability to travel back to Pakistan is made available.”

    The letter was written in line with the federal cabinet’s instructions to the Attorney General of Pakistan (AGP) Khalid Javed Khan to initiate proceedings against the Sharif family.

    The letter pointed out that Nawaz Sharif’s “apparent present physical condition was available in the media”.

    “Given the fact that he had left the country claiming to be in extreme critical condition which prima facie improved significantly after his arrival in London and the fact that he has apparently never been hospitalised and his political, social and other recreational activities have continued uninterrupted… indicate that severe ailment, if any, that may have existed in [the] past is no longer evident or [constrains] his activities,” the letter said.

    “This is further reinforced by the public statements made and reported in the media by his close family members including Shehbaz Sharif and other political associates, who recently met Nawaz Sharif in London,” the letter recalled.

    Earlier this week, Federal Minister for Information and Broadcasting Fawad Chaudhry, while addressing a press conference after a cabinet meeting, said that Nawaz Sharif was not seeking medical treatment for the past 17 months.

    “Shehbaz Sharif was the guarantor of Nawaz Sharif,” said the minister.

    “The drama of Nawaz Sharif’s health was created here,” said Fawad, adding that Nawaz went out of Pakistan through fraud.

    “[PML-N President] Shehbaz Sharif is involved in this fraud. According to his statement, Shehbaz Sharif should take steps to bring Nawaz Sharif to Pakistan,” said Fawad.

    “The Federal Cabinet has decided to approach the High Court on the false affidavit of Shehbaz Sharif,” said the minister.

  • Islamabad Chief Justice says no need to investigate audio recordings if evidence is not brought to court

    Islamabad Chief Justice says no need to investigate audio recordings if evidence is not brought to court

     The Chief Justice of Islamabad High Court (IHC), Athar Minallah on Wednesday remarked that why the court should investigate a case when the concerned appellants didn’t bring any audio before the bench, reports The News.

    The court was hearing the inquiry commission to probe into the alleged video of former Chief Justice of Pakistan (CJP) Saqib Nisar.

    The Attorney General of Pakistan (AGP) Khalid Javed said the petition has been filed under Article 199-C of the Constitution.

    “Why are people choosing only one prime minister and coming to court as their proxy? Thousands of people were sacked. No video in their respect came. It is a proxy war. Today everyone is saying he has two videos and he has four videos. This is the season of harassing and pressurising judges,” said AGP.

    “Sometimes an audio, sometimes some concocted affidavit is released,” the attorney general said, referring to an affidavit by former Gilgit-Baltistan Chief Judge Rana Shamim in which he accused ex-CJP Nisar of colluding to deny bails to Nawaz Sharif and Maryam Nawaz before general elections 2018.

    “If a facility is given to one PM, then why was it not given to Bhutto,” asked the AGP.

    Salahud Din Ahmed, president SHCBA, said the AGP was holding bar associations responsible for every case. “See the statements given by Prime Minister Imran Khan against the judiciary and judges. It is now being said to either do accountability of the last 70 years or not at all to divert attention.”

    The petitioner argued that the judiciary was being made controversial through different tactics and the court could stop this practice by probing the allegations against judges. At this, the attorney general responded that all matters of the past could be sent to parliament. “One appeal against conviction in the Avenfield Reference is being heard in this court. That one appeal has perplexed the entire judiciary,” Khalid Javed added.

    While acknowledging that those whose cases would be affected by the alleged audiotape had not approached the court, Ahmed said his stance was that courts were being made controversial. The judiciary could stop that from happening by ordering an inquiry, he added.

    The IHC chief justice observed that any audio or video could be constructed in today’s age of advanced technology. “Anybody can make audio and ask for an investigation. The court remarked if we declare the petition seeking an investigation into audio maintainable, then what will be the impact on the pending appeals?”

    Justice Minallah noted, however, that the matter of the affidavit was different because the person concerned — Rana Shamim — had himself approached the court. “You’re unsure yourself about the [authenticity of] the audiotape you’re mentioning. A commission can be formed when there are grounds. The people who have cases [which could be affected by it] have not brought the audiotape to the court. Why should we [take action]? Is there anyone to take ownership of the audiotape?” he questioned.

  • AGP asks Rana Shamim to arrange delivery of his ‘original affidavit’ to Pak High Commission in London

    AGP asks Rana Shamim to arrange delivery of his ‘original affidavit’ to Pak High Commission in London

    Attorney General of Pakistan (AGP) Khalid Jawed Khan asked Rana Shamim, the former chief judge of Gilgit-Baltistan, to arrange the delivery of his ‘original affidavit’ to the Pakistan High Commission in London, reports Dawn.

    The AGP asked Shamim to arrange the delivery of his affidavit “at the earliest” so that it could be forwarded to the Islamabad High Court (IHC) registrar through the Ministry of Foreign Affairs.

    The High Court had observed that in case the original affidavit was not produced on the due date, it would raise an assumption of its non-existence.

    The AGP forwarded a copy of his letter to Pakistan’s Foreign Secretary and the country’s High Commissioner in London.

    Meanwhile, United Kingdom (UK) oath commissioner Charles Guthrie, who authenticated the affidavit of Shamim, has claimed the affidavit’s authenticity, and also said that he was ready to appear before at any legal forum, including the IHC, for confirmation.

  • Impossible to conduct Senate polls via ‘show of hands’, says attorney general

    Impossible to conduct Senate polls via ‘show of hands’, says attorney general

    Attorney General of Pakistan Khalid Jawed Khan has said that the government cannot hold the Senate election via ‘show of hands’ as it is not possible to conduct the polls through such an exercise.

    The top lawyer said that the government does want to abolish the secret ballot system, but it will bring in an ‘open ballot’ system for free and fair elections instead of opting for the ‘show of hands’ method being reported by the media.

    The comments from AG Khan came amid reports that the government has decided to approach the Supreme Court for advice on the issue. It was being reported that the government would seek the top court’s help and introduce the ‘show of hand’ system in the elections.

    On Tuesday, Minister for Information and Broadcasting Shibli Faraz said that the government was striving to make the Senate elections “free and fair”.

    “Controversies have always surrounded the Senate elections. It is such an old practice that it is assumed that in the elections, [horse trading] will surely take place,” he had said.

    He said the government has decided to move the apex court regarding the reforms in Senate elections. “The government seeks an election that is conducted through a “show of hands”, Faraz had said, adding that the government expects to get guidance from the SC long before the elections.

    “This is in favour of all parties,” he had said.

    The opposition, however, opposes the idea. It claims that the government’s decision to hold the Senate polls a month early reeks of a “conspiracy”.

    Maryam Nawaz, the PML-N vice president, has said that the party didn’t oppose the open ballot system, but it would resist the change of the elections’ date.