Tag: President Arif Alvi

  • ‘Imran Khan stumped’: What led Khan to this point?

    ‘Imran Khan stumped’: What led Khan to this point?

    The Supreme Court of Pakistan (SCP) has “stumped” Prime Minister (PM) Imran Khan through its historic verdict on April 7. The verdict seems to have cleaned bowled Khan as the National Assembly (NA) was restored after the apex court declared the government’s decision to dissolve the assembly and NA Deputy Speaker Qasim Suri’s ruling against the Constitution. This decision is being described as a win for the Constitution of Pakistan.

    In its verdict, the top court has called for convening the NA session on April 9, at 10:00am.

    Court order

    The apex court’s five-member larger bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel — heard the case and then later issued the ruling. The decision was unanimously given by 5-0 judges.

    Here is what the court order has to say:

    “In consequence of the foregoing, it is declared that at all material times the Prime Minister was under the bar imposed by the Explanation to clause (1) of Article 58 of the Constitution and continues to remain so restricted. He could not, therefore, have at any time advised the President to dissolve the Assembly as contemplated by clause (1) of Article 58.”

    “In consequence of the foregoing, it is declared that the advice tendered by the Prime Minister on or about 03.04.2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect,” said the order.

    The Supreme Court also “declared that the assembly was in existence at all times, and continues to remain and be so”.

    SC ordered for the session of NA to reconvene on Saturday, April 9 no later than 10:30am, saying that the session cannot be prorogued without the conclusion of the no-trust motion against Prime Minister Imran Khan.

    Pledge to fight for Pakistan “till the last ball”: PM Khan

    After the verdict was announced, PM Khan took to Twitter and said that he pledged to fight for Pakistan till the last ball.

    “I have called a cabinet mtg tomorrow as well as our parliamentary party meeting, and tomorrow evening I will address the nation. My message to our nation is I have always and will continue to fight for Pakistan till the last ball.”

    Government’s reaction to the decision:

    Information and Law minister Fawad Chaudhry took to Twitter and said, “This unfortunate decision has exacerbated the political crisis in Pakistan.”

    “Immediate elections could have brought stability to the country. Unfortunately, the importance of the people has been overlooked,” said Chaudhry.

    Minister for Human Rights Shireen Mazari tweeted, “A judicial coup happened last night down to ordering how & even at what time NA session must be held, ending parliamentary supremacy!”

    In another tweet, Mazari wrote, “The long shadows hanging over this judicial decision think the game has been won but frankly it has just started.”

    Special Assistant to the PM Dr Shahbaz Gill said, “Our forefathers cut off their necks in 1947 and crossed the Wagah border to live in an independent country.”

    “Looks like they’re back in the 1947 situation,” said Gill.

    Opposition’s reaction to the SCP ruling

    Reacting to the decision of the top court, the Leader of the Opposition Shehbaz Sharif tweeted, “Mubarak to all who supported, defended & campaigned for the supremacy of the Constitution. Today, politics of lies, deceit & allegations has been buried.”

    Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari took to Twitter and celebrated the Opposition’s win by writing: “Democracy is the best revenge.”

    Pakistan Muslim League Nawaz’s (PML-N) leader Maryam Nawaz said, “Congratulations to Pakistan for getting rid of the most incompetent and most failed government.”

    Timeline of the events since April 3

    The legal battle against NA dissolution raged on for five consecutive days.

    April 3:

    National Assembly (NA) Deputy Speaker Qasim Suri on April 3 said that the no-confidence motion, presented on March 8, should be according to the law and the Constitution. “No foreign power shall be allowed to topple an elected government through a conspiracy,” he said, adding that the points raised by the law minister about Article 5 were “valid”.

    After Suri on Sunday “dismissed” the no-confidence motion against PM Khan, terming it against Article 5 of the Constitution, the legal war began. PM Khan then addressed the nation, saying he had advised President Dr Arif Alvi to dissolve the National Assembly, which the President approved. 

    CJP Umar Ata Bandial took suo motu of the dismissal of the no-confidence motion.

    April 4:

    On Monday, April 4 the CJP had remarked that the court would issue a “reasonable order on the issue”, but the hearing was adjourned after Farooq H. Naek, the counsel of PPP and other Opposition parties, presented his arguments.

    April 5:

    The Supreme Court on Tuesday, April 5 sought a record of the National Assembly proceedings conducted on the no-confidence motion filed against Prime Minister Imran Khan and adjourned the proceedings till April 6.

    PPP Senator Raza Rabbani quoted media reports about the ECP had said it was not possible to hold general elections within three months. However, the ECP denied issuing any statement concerning elections.

    April 6:

    CJP Bandial on Wednesday, April 6, said, “We first want to wrap up the case on what happened in the NA on April 3,” the CJP remarked.

    The chief justice said that “negative statements” are being issued against the court and it is being said that the court is delaying the matter.

    April 7:

    The court, in its short order, on Thursday, April 7, ruled that the deputy speaker’s ruling was “contrary to the Constitution and the law and of no legal effect, and the same are hereby set aside”.

  • Explainer: Law says dismissing no-confidence motion is a big no-no

    Explainer: Law says dismissing no-confidence motion is a big no-no

    Pakistan is in a state of political chaos as the no-confidence motion against Prime Minister (PM) Imran Khan was dismissed abruptly on Sunday. The move came after National Assembly (NA) Deputy Speaker Qasim Suri termed it “unconstitutional”, saying that it was backed by “foreign powers”.

    Suri then quickly disallowed voting on the no-confidence motion and adjourned the session. Later, on PM Khan’s advice, President Arif Alvi dissolved the National Assembly, with the premier asking the nation to get ready for fresh polls.

    After the nation was left in shock, there was much talk about the “unconstitutional trump card” used by PM Khan.What everyone wants to know is: did Khan subvert the constitution of Pakistan?

    Lawyer Salaar Khan tweeted a brief comprehension of the constitutional premise of what happened on Sunday, April 3, which went viral on Twitter.

    “Instead of allowing the vote to proceed against the Prime Minister, the Deputy Speaker dismissed the resolution. After this, the President was able to dissolve the National Assembly on the PM’s advice,” tweeted Salaar.

    “Under Article 58 of the Constitution, the President may dissolve the National Assembly on the PM’s advice. However, a PM against whom a vote of no confidence ‘has not been voted upon’ cannot ask the President to dissolve the house,” wrote Salaar.

    “To get around this, the Deputy Speaker first ‘dismissed’ the no-confidence resolution submitted against the PM. He did this on the basis of a personal interpretation of Article 5, which provides for loyalty to the state.”

    “The rather feeble argument here was that because the letter that Pakistan had received from the US suggested a regime change would improve relations, the vote of the no-confidence motion, itself, was against anti-state,” said the lawyer.

    “The irony, of course, is that Article 5 also provides for obedience to the Constitution – which was arguably violated in the process of the dismissal of the no-confidence motion.”

    “Procedurally, a ‘motion’ for no-confidence is first moved and, if leave is granted, it becomes a ‘resolution’. Under the Rules of Business in the National Assembly, there is no provision that actually allows a Speaker or Deputy Speaker to dismiss a resolution.”

    “In fact, the role of the Speaker is very clearly defined in Schedule 2 of the Rules of Business in the NA, and is essentially limited, in a VoNC, to announcing the result.”

    “And so, because the Speaker can’t dismiss a resolution for a VoNC, there is still a VoNC that has not been ‘voted upon’ by the Prime Minister. Consequently, the PM could not have advised that the assembly be dissolved under Article 58.”

    “In fact, in doing so, it may even be argued that he not only violated Article 5, by not obeying the Constitution but also subverted the Constitution under Article 6. It is, however, important to note that Article 6 is often used rather flippantly in common parlance.”

    “Finally, is the question of what the SC may do in all of this. One provision of the Constitution that has been mentioned a lot is Article 69, which bars courts from interfering in certain Parliamentary proceedings.”

    “However, the SC has laid out exceptions to this bar. Courts can interfere where there is not an ‘irregularity’ but a ‘patent illegality’, where there is clear mala fide, or where the matter in question affects the composition of the house, itself (such as in Farzand Ali).”

    “But while the SC may well find that it can interfere, how far it will go is another question. In theory, the SC could find the dissolution to be without legal effect and even order voting to resume on the VoNC. But given recent precedent, that may be a long shot.”

    The Supreme Court of Pakistan took suo moto notice of the Assembly proceedings on Sunday, April 3, and restrained the state institutions as well as the political parties from taking any unconstitutional acts and exploiting the situation.

  • ‘Government ready to withdraw media Ordinance under one condition’: Fawad

    ‘Government ready to withdraw media Ordinance under one condition’: Fawad

    Federal Minister of Information and Broadcasting Fawad Chaudhry said that the government is ready to withdraw the controversial Pakistan Electronic Crimes (Amendment) Ordinance 2022 (PECA).

    “The government has handed over the mandate to Punjab Assembly Speaker Chaudhry Pervaiz Elahi. If the media Joint Action Committee (JAC) could get its proposal approved, the government would also accept the recommendations,” said Fawad on HUM News programme, ‘Breaking Point with Malick’.

    “If the Joint Action Committee brings the draft in 90 days, they will amend the PECA Ordinance,” said Fawad.

    On Tuesday, JAC members had called on Elahi at the assembly chambers to discuss their reservations regarding the PECA law. 

    Fully supporting the demands of the JAC, Elahi had demanded immediate withdrawal of the amendment to the PECA Ordinance, The News reported. 

    He said the PECA Ordinance is the government’s “selective treatment of the journalist community and the people of Pakistan”.

    In February, PECA Ordinance was promulgated by President Arif Alvi. Talking exclusively to The Current, Fawad said, “A person who forwards fake news over WhatsApp can be fined and go to jail under the new law.”

    Civil society, political collectives, journalists, and rights activists condemned the new PECA Ordinance.

    Islamabad High Court (IHC) Chief Justice Athar Minallah said that it seems like no one told the premier that there are laws for contempt other than PECA. “It seems like PM Khan was not assisted correctly over PECA Ordinance,” said Justice Minallah, adding that the law is used against critics here.

  • Army Chief, President Alvi watch PSL 7 final at Gaddafi Stadium

    Army Chief, President Alvi watch PSL 7 final at Gaddafi Stadium

    February 27 was a night to remember for Lahorites as Qalandars finally bagged their maiden title while President Dr Arif Alvi and Chief of Army Staff (COAS) General Qamar Javed Bajwa also watched the final clash of Pakistan Super League (PSL) 2022 at Gaddafi Stadium, Lahore on Sunday.

    The stadium was packed with full capacity crowd while the country’s top commander and President, along with Pakistan Cricket Board (PCB) Chairman Ramiz Raja, were present to enjoy the much-anticipated game.

    According to reports, General Bajwa was accompanied by Corps Commander Lahore Lieutenant General Muhammad Abdul Aziz.

    Meanwhile, strict security measures were made for the final game. The top police command of Punjab inspected the security arrangements, while adjourned areas leading to the stadium were closed an hour before the beginning of the match.

    Special commandos were also put on high alert on the routes of the guests, reports said.

    The seventh edition of the country’s flagship tournament, which commenced on January 27 at seaside metropolis Karachi, came to a successful end on Sunday, February 27.

  • President Alvi calls off NA session without any official announcement

    President Alvi calls off NA session without any official announcement

    President Dr Arif Alvi called off the National Assembly (NA) session on Friday— the same day when Leader of the Opposition Shehbaz Sharif was to appear before a special court in Lahore, reports Dawn.

    A spokesperson for the Presi­dency said that the postponement of the session was not officially notified beforehand. According to the media outlet, Pak­istan Tehreek-i-Insaf (PTI) leaders gathered at NA Speaker Asad Qaiser’s residence several hours before the session on Thursday night and decided to have Friday’s session shelved.

    They believed that Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif and his son Hamza Shehbaz could possibly be arrested on Friday but the court deferred the indictment. The ruling party was of the view that the Sharifs should not be given an opportunity to seek an adjournment on the ground of attending the NA session.

    Upon hearing about the postponement, Sharif said the session had been put off as the government was hoping he would be indicted. He further added that it is unprecedented that a scheduled session of the NA has been shelved in such a manner.

    However, Information Minister Fawad Chaudhry dismissed this claim. Chaudhry said that Prime Minister (PM) Imran Khan’s visit to Russia on February 23 was one of the reasons for the postponement of the session.

    Other than this, some sources claim that the government wanted to promulgate some ordinances for which the session had been shelved.

    Sharif appeared before the court for his indictment in a money laundering case that was registered by the Federal Investigation Agency (FIA).

    As of yet, no new date has been announced for holding the postponed session of the lower house of parliament.

  • Rare meeting: Army Chief meets both President Alvi and PM Khan on same day

    Rare meeting: Army Chief meets both President Alvi and PM Khan on same day

     Chief of the Army Staff (COAS) General Qamar Bajwa on Monday met President Arif Alvi and Prime Minister (PM) Imran Khan.

    It is rare for an army chief to meet both heads of the state and the government on the same day. The Prime Minister Office (PMO) in a statement said, “Chief of Army Staff General Qamar Javed Bajwa called on Prime Minister Imran Khan today. Professional matters pertaining to Pakistan Army were discussed during the meeting”.

    The presidency, speaking about the meeting between COAS and the president, said, “During the meeting, the president was briefed about the professional preparedness and measure being taken by the security forces against the terrorist elements.”

  • President plays popular game Wordle, shares score on Twitter, deletes later

    President plays popular game Wordle, shares score on Twitter, deletes later

    President of Pakistan Dr Arif Alvi shared his score in the popular game Wordle on Twitter but seems like he got some backlash for it. He tweeted today (February 3), deleted it hours later.

    President’s son Awab Ali in a tweet wrote, “I know he enjoys puzzles – so it was definitely something he would get hooked onto An internal family competition is a new rage, including a few of his grandkids.”

    President also faced backlash on social media for playing the game.

    Wordle has caught the attention of Pakistani Twitter for a while now. Miftah Ismail is among the many politicians who regularly shares his Wordle score on Twitter.

    More recently, former wife of Prime Minister (PM) Imran Khan, Jemima Goldsmith, shared her Wordle score on Twitter but the replies to her tweet were not related to the game.

  • Justice Umar Ata Bandial becomes 28th Chief Justice of Pakistan, ceremony held in Islamabad

    Justice Umar Ata Bandial becomes 28th Chief Justice of Pakistan, ceremony held in Islamabad

    Justice Umar Ata Bandial took oath as the 28th Chief Justice of Pakistan (CJP) at a ceremony at Aiwan-i-Sadr in Islamabad today (Wednesday). He was administered the oath of office by President Arif Alvi.

    Justice Bandial will serve in the top judicial office until September 16, 2023. He has previously served as chief justice of the Lahore High Court.

    A day earlier, Justice Bandial while speaking at a full-court reference held in honour of the outgoing chief justice, criticised mainstream and social media alike for resorting to attacking judges rather than criticising their judgements.

    “The differences in judges’ opinions in matters of law arise from our individual perceptions and this diversity brings richness to our understanding,” said Justice Bandial.

  • Judicial history made, Justice Ayesha officially elevated to Supreme Court

    Judicial history made, Justice Ayesha officially elevated to Supreme Court

    President Arif Alvi on Friday gave final approval to the elevation of Lahore High Court Justice Ayesha Malik as a judge of the Supreme Court (SC).

    Justice Ayesha will make history as the first female Supreme Court judge in the judicial history of Pakistan. She will be sworn into office on Monday, January 24, and her tenure will begin immediately. Chief Justice of Pakistan Gulzar Ahmad will administer the oath to Malik.

    Her oath-taking ceremony will be held at the Supreme Court. Judges of the Supreme Court, the attorney-general of Pakistan, and the advocate general will be in attendance.

    The Judicial Commission of Pakistan had on January 7 approved the elevation with a vote of five for and four against after a heated discussion on whether judges should be appointed based on merit or seniority.

    It is pertinent to mention here that Justice Ayesha Malik is ranked fourth in the Lahore High Court in terms of seniority.

    Justice Ayesha Malik’s name came to fame after her landmark judgment against the ‘two-finger test’ or two-finger virginity test of sexual assault survivors.

  • Justice Umar Ata Bandial to take oath as new chief justice on Feb 2

    Justice Umar Ata Bandial to take oath as new chief justice on Feb 2

    Supreme Court (SC) Justice Umar Ata Bandial will reportedly take oath as Pakistan’s 28th Chief Justice of Pakistan (CJP) on February 2, reports Geo news.

    Justice Bandial will replace the current CJP Justice Gulzar Ahmed. Justice Ahmed will retire after working in the top judicial position for more than two years. He assumed office on December 21, 2019, replacing ex-CJP Justice Asif Saeed Khosa

    The Law and Justice Secretary have sent the summary to President Arif Alvi to appoint Justice Bandial as the next CJP. After the president’s nod, the ministry will issue a notification.

    The to-be-appointed CJ will remain in position till September 18, 2023.

    After Justice Bandial, Justice Qazi Faez Isa will become the chief justice to serve the office for over one year till October 25, 2024.