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Asad Umar wonders why is Shehbaz Sharif happy over SC decision

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  • Overall the top court’s verdict is correct, says Asad Umar.
  • Says both PTI, Shehbaz happy over SC landmark decision.
  • Cipher sent to PM, FM, COAS and DG ISI: former minister. 

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader Asad Umar has termed the Supreme Court’s landmark verdict on law regulating the chief justice’s powers the “correct decision,” while wondering why PML-N President Shehbaz Sharif was “celebrating the decision”.

Speaking to the media outside the anti-terrorism court (ATC) in Islamabad on Thursday, Umar said overall the top court’s verdict was correct.

The Supreme Court, a day earlier, with a majority decision of 10-5 sustained the Supreme Court (Practice and Procedure) Act 2023, a law that clips the administrative powers of the chief justice of Pakistan, as being constitutional and dismissed the pleas challenging the vires of the law.

CJP Qazi Faez Isa mentioned that by a majority of 8-7 — CJP Isa, Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Athar Minallah and Justice Musarrat Hilali dissenting — sub-section (2) of Section 5 of the Act (granting a right to appeal retrospectively) is declared to be ultra vires the Constitution.

With the right to retrospective appeal denied, it means that a prospective applicant such as Nawaz Sharif could not appeal against his lifetime disqualification from participation in politics.

Responding to a question, Umar said it remains to be seen whether Pakistan Muslim League Nawaz (PML-N) supremo Nawaz Sharif, who kicked off his journey back to Pakistan on Wednesday would return to the country after yesterday’s top court decision.

“Everyone is saying that this decision is not good for Nawaz Sharif then why is Shehbaz Sharif happy over this decision,” he quipped. “I am just asking an innocent question.. [that] both PTI and Shehbaz Sharif are happy over this decision.”

Umar was referring to the full court’s decision of not allowing right to appeal retrospectively against verdicts taken Article 184(3), meaning Nawaz may not able challenge his lifetime disqualification.

Speaking about cipher case related to the alleged use of diplomatic cable for vested and political purposes by former prime minister Imran Khan, Umar said he believed that the classified document was used legally.

The Federal Investigation Agency (FIA) in August this year arrested PTI chief Imran Khan and Vice Chairman Shah Mahmood Qureshi in cipher case after booking them under Official Secrets Act.

Umar said diplomatic cipher is sent to four officials — the prime minister, foreign ministry, army chief and DG ISI.

“Only my name and not planning ministry was mentioned in the [cipher] FIR,” he said while apparently distancing himself from the cipher controversy as he served as the planning minister in the PTI-led government.

Meanwhile, Umar appeared before the ATC in the Federal Judicial Complex attack case.

During the hearing of the case, PTI chief counsel implored the court to issue directive for his client production order in the court, who is currently held in Adiala prison in the cipher case.

ATC Judge Abul Hasnat Zulqarnain directed the Adiala jail superintendent to submit a report on the PTI chief’s security for his appearance in the court after consulting the Ministry of Interior by October 24.

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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