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President not authorised to fix election date, ECP tells Alvi

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ISLAMABAD: The Election Commission of Pakistan (ECP) on Thursday responded to President Arif Alvi’s letter inviting Chief Election Commissioner (CEC) Sikandar Sultan Raja and stated that the president is no longer empowered to fix the date for polls after amendments in election laws.

The development comes in a meeting chaired by CEC Raja to ponder over the matter and concluded that the meeting would be of “scant consequence”.

Dr Arif Alvi, in the letter to the CEC, said since the National Assembly was dissolved on August 9, 2023, therefore under Article 48 (5) of the Constitution, he (as the president) was obliged to appoint a date not later than 90 days from the date of dissolution for the holding of general election of National Assembly.

“Forgoing in view, the Chief Election Commissioner is invited for a meeting with the President today or tomorrow to fix an appropriate date,” the letter noted.

In his response to the president, CEC Raja stated that the National Assembly was dissolved in terms of Article 58(1) of the Constitution on the advice of the prime minister on August 9, 2023.

The letter pointed out that Section 57 of the Elections Act, 2017 has been amended after which the ECP’s authorities have been increased regarding holding of polls.

“That prior to the amendment of Section 57(1) of the act ibid, the president was required to consult the commission in terms of Section 57 of the Elections Act. 2017, before appointing a date for the election. However, after the amendment in Section 57, the commission has been empowered to announce the date or dates for the General Elections,” the letter read.

It further stated that the president can fix a date for election if the NA under Article 58(2) read with Article 48(5) of the Constitution.

The Election Commission noted that if the assembly is dissolved on the advice of the prime minister or by afflux of time as provided in Article 58(1) of the Constitution, then the commission understands and believes that power to appoint a date or dates for elections rests exclusively with the commission.

“The commission believes with the utmost respect that the reliance placed on the provisions of the Constitution mentioned in your subject letter are not applicable in the present context,” the letter added.

The CEC also highlighted the issue of fresh delimitation after the approval of the 2023 census result which he said “is one of the foundational legal steps towards election”.

“In pursuance of the last preceding census officially published on August 7, 2023, the commission decided to carry out fresh delimitation of constituencies as provided under section 17(2) of the Elections Act, 2017, to protect the fundamental rights of contesting candidates, political parties and electorates as guaranteed under Article 17(2) of the Constitution.”

In response to the criticism over the delay in polls, Raja said that the ECP is taking its responsibility of holding the general election very seriously and has also initiated the process of inviting the major political parties to hear them on the electoral roadmap.

“In view of the above, the commission is of the considered view that participation in the meeting would be of scant consequence.”

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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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