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Federal cabinet rejects top court’s verdict in election delay case

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  • Federal cabinet sources say “verdict unenforceable”.
  • Govt to raise voice in parliament regarding SC decision: sources.
  • Maryam terms three-member bench as “Khan’s facilitators”.

ISLAMABAD: The federal cabinet Tuesday rejected the Supreme Court’s “unanimous verdict” on the case pertaining to the postponement of election in Punjab and Khyber Pakhtunkhwa (KP), sources told Geo News.

The development came during the cabinet’s meeting, chaired by Prime Minister Shehbaz Sharif, held after a three-member bench — headed by Chief Justice Umar Ata Bandial and comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar as members — announced the apex court’s verdict on the matter which it had reserved a day earlier.

Announcing the verdict on a plea filed by the Pakistan Tehreek-e-Insaf (PTI), the country’s top court declared the Election Commission of Pakistan’s (ECP) decision to postpone polls in Punjab and KP from April 30 to October 8 as ‘null and void’.

The Supreme Court, in its verdict, states that the ECP’s order dated March 22, 2023, is declared to be unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect, and is hereby quashed.

“The Supreme Court’s decision is a minority verdict, which is why the cabinet rejects it,” the sources in the federal cabinet said.

The top court’s decision, as per the sources, is not enforceable.

The government would raise its voice in parliament regarding the verdict, the sources added. It was also decided in the meeting that the coalition parties in power will talk about the apex court’s decision in parliament, they added.

In the meeting, the cabinet decided to present its position on the verdict.

‘Last blow of conspiracy’

Commenting on the SC decision, Pakistan Muslim League Nawaz (PML-N) Senior Vice-President and Chief Organiser Maryam Nawaz took to her Twitter and wrote that today’s verdict is the last blow of the conspiracy which began by “rewriting the Constitution and presenting the Punjab government on a plate” to the bench’s blue-eyed boy, Khan.

Maryam termed the three-member bench as “Khan’s facilitators” and said that this was done so he could be reselected under their presence and supervision.

“This bench has taken responsibility for the work done by [Lt Gen] Faiz [Hamid], [ex-CJP Asif Saeed] Khosa and Saqib Nisar in 2018. A majority of the Supreme Court revolted against this appalling and brazen facilitation and one-man show,” the PML-N scion tweeted, stressing that it is now time for the parliament to stop this facilitation using its “constitutional and legal hands”.

She further stated that it is not enough for the federal cabinet to reject the verdict. The PML-N politician wrote that those who tried to impose the “favourite” by defying the Constitution and law should be brought to the rostrum.

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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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