FARUKH SHEHZAD

ISLAMABAD, MAR 24: Chief Justice of Pakistan (CJP) Umar Ata Bandial on Thursday observed that not counting a vote that has been cast during the no-trust proceedings against the prime minister would be "contemptuous", adding that the real question was how long a dissident MNA could be disqualified for.

Article 63-A laid out the procedure for the disqualification of a parliamentarian over defection, he observed.

He made the remarks during the hearing of a presidential reference seeking the Supreme Court's opinion on Article 63-A of the Constitution. A five-member bench, comprising Justice Bandial, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail heard the petition.

Notices for the hearing were issued to Pakistan Tehreek-i-Insaf's lawyer Ali Zafar, PPP's lawyer Farooq H Naek, PML-N's lawyer Makhdoom Ali Khan and Jamiat Ulema-i-Islam-Fazl's lawyer Kamran Murtaza, as well as the advocate general for Sindh, Islamabad inspector general of police, interior secretary and president of the Supreme Court Bar Association (SCBA), among others.

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.

Attorney General of Pakistan (AGP) Khalid Jawed Khan said that members elected to the assembly were bound by party discipline.

The chief justice said that the "spirit of Article 63-A cannot be ignored". "It is not the court's job to fill in the blanks. Such matters should be resolved in parliament rather than through a reference," he said.

Justice Bandial said the court also had to look at Article 55 related to quorum and voting in NA.

However, another member of the bench, 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.

Justice Akhtar further said the Constitution empowered the parliamentary party, not the party's leader.

Meanwhile, Justice Alam said nobody could be forced to cast their vote. He recalled that Balochistan Assembly members had brought a no-confidence resolution against their own party's government.

At this, AGP Khan said both the opposing groups were from the Balochistan Awami Party (BAP). "Joining hands with the opposition is not the voice of conscience. If [dissident MNAs] are so conscientious, they can resign," he added.

On Monday, a two-member bench of the apex court comprising CJP Bandial and Justice Akhtar took up the presidential reference and declared that a larger bench would hear the case.

Main questions in the reference

• Will "dishonest" MNAs be allowed to vote?
• Will the defecting members' vote be counted, given equal weightage?
• Will the defectors be disqualified for life?
• Measures that can be taken to prevent defection, floor crossing and vote-buying

Replies submitted to court

On Thursday, the SCBA submitted a written reply to the apex court ahead of today's hearing in accordance with the court's directives.

In its reply, the SCBA said that the votes of MNAs "cannot possibly be construed as a collective right of a political party", citing Article 95 of the Constitution, which deals with the procedure to bring in a no-confidence motion against the prime minister.

The association also said that Article 63-A, which deals with disqualification of a lawmaker over defection, cannot "control, restrict or limit the right of MNAs to participate in a vote of no-confidence against the prime minister".

It added that Article 63-A also does not restrict the right of MNAs to freely participate in proceedings.

"Any limitation on the MNAs' right to participate in proceedings under Article 95 of the Constitution, in addition to the consequences envisaged by Article 63-A of the Constitution, would be against the express constitutional command. Moreover, to restrict the right of MNAs to vote in proceedings under Article 95 of the Constitution would also amount to restriction on the citizens' right to be governed by a truly representative government," the SCBA said.

Outlining the procedure for voting on the no-trust move, the SCBA said that the rules showed that the Constitution and the Rules of Procedure "do not envisage a scenario whereby an MNA is restrained from casting his vote or where such a vote is not counted".

"Therefore, the question of pre-emptive action under Article 63-A cannot arise," the association said, adding that powers under Article 63-A could not be exercised by a party head under the "mere apprehension that a member may defect".

The SCBA also noted that there was no basis to construe disqualification under Article 63-A as permanent, highlighting that the term "disqualification" had not been used. It said that the consequences of Article 63-A for a defecting member "must remain limited to his removal from office as a member of the relevant House".

Separately, in its reply the PML-N said that Articles 63-A and 95 were clear and stated that every member had the right to vote. The party added that the votes cast by each member of the assembly should be counted and termed the presidential reference "premature and unnecessary".

The PML-N also stated that the apex court had the right to interpret the Constitution, not amend it.

The PPP stated that the presidential reference did not fall under the ambit of Article 186, which is related to the advisory jurisdiction of the SC.

SCBA becoming subsidiary of one political party: Fawad

Before the hearing started, federal Information Minister Fawad Chaudhry said that PML-N had been running a campaign on social media against the SC bench by calling it biased.

"They have always adopted the approach of 'my way or the highway' and we strongly condemn it," he said while speaking to the media outside the apex court alongside Energy Minister Hammad Azhar and Special Assistant to the Prime Minister for Political Communication Dr Shahbaz Gill.

The minister also criticised the SCBA for "becoming a subsidiary of a single political party".

The Supreme Court bar, he pointed out, was constituted from the vote of all parties and it should, therefore, not become hostage to the PML-N. He urged bar councils across Pakistan to speak up against them.

The reference

Attorney General of Pakistan (AGP) Khalid Jawed Khan had submitted the reference seeking the SC's opinion on Article 63-A of the Constitution on March 21.

The reference, a copy of which is available with Dawn.com, presents two interpretations of Article 63-A and requests the court to advise which of them should be followed.

According to the first interpretation, "khiyanat (dishonesty) by way of defections warrants no pre-emptive action save de-seating the member as per the prescribed procedure with no further restriction or curbs from seeking election afresh."

While the second interpretation "visualises this provision as prophylactic, enshrining the constitutional goal of purifying the democratic process, inter alia, by rooting out the mischief of defection by creating deterrence, inter alia, by neutralising the effects of vitiated vote followed by lifelong disqualification for the member found involved in such constitutionally prohibited and morally reprehensible conduct."

The development came days after several PTI lawmakers, who had been 'in hiding' at the Sindh House in Islamabad, revealed themselves — proving that the opposition's claims of having "won over" members of the ruling coalition were indeed true.

Prime Minister Imran Khan and some cabinet ministers had earlier accused the opposition of indulging in horse-trading ahead of the crucial vote on the no-confidence resolution, disclosing that the capital's Sindh House had become a centre for buying and purchasing members.

But while government members continued to claim that these dissidents had "sold their souls for money", a number of TV channels that sent their teams into Sindh House to verify the claims were faced with nearly a dozen PTI members, who claimed that they had developed differences with the Imran Khan-led government and were going to vote in "accordance with their conscience".

Subsequently, the government had decided to file a presidential reference for the interpretation of Article 63-A with Information Minister Fawad Chaudhry saying the top court would be asked about the "legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money".

The presidential reference was filed under Article 186 of the Constitution, which is related to the advisory jurisdiction of the SC.

In the reference, President Dr Arif Alvi asked the apex court whether a member who "engages in constitutionally prohibited and morally reprehensible act of defection" could claim the right to have his vote counted and given equal weightage or if there was a constitutional restriction to exclude such "tainted" votes.

He also asked the court to elaborate whether a parliamentarian, who had been declared to have committed defection, would be disqualified for life.

"What other measures and steps can be undertaken within the existing constitutional and legal framework to curb, deter and eradicate the cancerous practice of defection, floor crossing and vote-buying?" the reference further asks.

"As happened on many occasions in past, the stage is yet again set for switching of political loyalties for all sorts of illegal and mala fide considerations including vote-buying which by its very nature rarely leave admissible or traceable evidence," the reference states.

It adds that some of the "presently defecting [MNAs] have even publicly admitted to defection in interviews to the media with evident pride and further commitment to stay engaged in this immoral trade".

It cautions that unless horse-trading is eliminated, "a truly democratic polity shall forever remain an unfilled distant dream and ambition".

"Owing to the weak interpretation of Article 63-A entailing no prolonged disqualification, such members first enrich themselves and then come back to remain available to the highest bidder in the next round perpetuating this cancer."

Article 63-A

According to Article 63-A of the Constitution, a parliamentarian can be disqualified on grounds of defection if he "votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill".

The article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will "provide such member with an opportunity to show cause as to why such declaration may not be made against him".

After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member "shall cease to be a member of the House and his seat shall become vacant".

-------------------------------------------

Courtesy Dawn News

-----------

ISLAMABAD, MAR 23: Prime Minister Imran Khan on Wednesday claimed to have a “surprise” up his sleeve for the opposition and expressed confidence that he would emerge victorious in the “no-confidence match” against his opponents.

The premier made these remarks while speaking to a group of journalists in Islamabad, just two days before the National Assembly (NA) session summoned to begin deliberations on the joint opposition’s resolution seeking his ouster begins.

Despite him being in a highly precarious position following the emergence of a number of dissidents in his party and his allies increasingly hinting on teaming up with the opposition, the prime minister warned the opposition that it “will be shocked by the loss of voters on their side”.

“The opposition has already shown all their cards,” he said, adding: “They are in for a big surprise.”

PM Imran asserted that he would not tender his resignation and in reply to a subsequent question, he said: “Should I give up under the pressure of thieves even before the fight is over?”

“It may be someone’s misconception that I will sit at home,” he remarked, making it clear that he did not plan on stepping down as the country’s chief executive.

During the meeting, the prime minister also revealed that he had met estranged PML-N leader Chaudhry Nisar Ali Khan, saying that both had an association that went back 40 years.

The prime minister’s statement has come days before the initiation of proceedings on the joint opposition’s no-confidence motion filed against him in the NA earlier this month. The move by the opposition — primarily the Pakistan Democratic Movement (PDM) and PPP — followed days of political maneuvering on the part of the ruling Pakistan Tehreek-i-Insaf (PTI’s) and its opponents after PDM chief Maulana Fazlur Rehman formally announced last month the plan to submit a no-trust motion against the premier.

Both sides stepped up efforts to gain the support of the PTI’s allies, whose votes are of significance in deciding the prime minister’s fate. Meanwhile, they also traded bards and there were allegations of horse-trading against the opposition and episodes of violence which opposition parties claimed were perpetrated on PTI leaders’ behest in a bid to keep dissident members from voting on the no-confidence resolution.

To show their strength, both sides also announced that they would hold power shows in the capital, with the PTI set to stage a public meeting in Parade Ground on March 27.

During his interaction with media persons today, PM Imran said his party’s rally would be a “historic gathering”.

‘Army should not be maligned for politics’

The premier said the country’s armed forces were its “most precious asset” and that Pakistan would have disintegrated into three parts had it not been for the army.

Underlining the significance of the military for the country, he stressed that “no one should malign the institution for the sake of politics.”

Speaking about the opposition parties, he called PDM chief Fazlur Rehman a “12th man” — a term used in cricket for a player who is not a part of the playing eleven but is used as a substitute if another player is injured or if drinks are needed to be carried.

Reman’s days “are numbered”, the prime minister predicted.

Criticising the PML-N and PPP, the premier said their politics was about “concealing their thefts”.

--------------------------------------

Courtesy Dawn News

--------------

ISLAMABAD, MAR 23: Foreign Minister Shah Mahmood Qureshi on Wednesday held a meeting with Palestinian counterpart Dr Riyad al-Maliki and reaffirmed Pakistan's "unequivocal support" for the rights of Palestinians in their just struggle, according to a statement issued by the Foreign Office (FO).

The foreign ministers met on the sidelines of the 48th session of the Council of Foreign Ministers of the Organisation of Islamic Cooperation (OIC), which Pakistan is hosting in Islamabad. The two-day summit will end today.

According to the FO, Qureshi underscored during his meeting with Maliki that Islamabad's principled position on Palestine reflected the sentiments of the people of Pakistan.

"Maliki expressed gratitude for Pakistan’s unwavering support and principled stance on Palestine, including at the UN (United Nations) and OIC," the FO said, adding that the two foreign ministers also reviewed bilateral ties and exchanged views on regional and international issues.

Tweeting about the meeting later, Qureshi said Pakistan was pleased to continue to offer Palestinian students seats in its educational institutions and military courses.

"We will also offer positions in junior and advanced diplomatic courses in Pakistan to Palestinian diplomats," he added.

'We have failed Palestine'

Qureshi's assurance on Pakistan's stance on the Palestine issue comes a day after Prime Minister Imran Khan lamented while delivering his keynote address at the OIC summit that "we have failed both the Palestinians and the people of Kashmir".

"I am sad to say that we have been able to make no impact at all," he regretted during his speech. While the international law was on the side of the people of Palestine, he said, the international community never ensured that the people of Palestine were given their rights.

He further cautioned that unless the OIC was united on core issues, human rights abuses would keep happening, such as the "daylight robbery in Palestine".

"The only hope I have is that for the first time because of social media, there is awareness in Western countries. Much more than the OIC, it is the mobile phone and the spread of information of the injustices being done to the Palestinians ... at the moment, that is the best way to protect them, not us," the PM concluded.

On the occasion, Qureshi had also highlighted the plight of Palestinians, who he said were "reeling under abominable subjugation".

Qureshi's and PM Imran's statements reiterated Pakistan's stand on the decades-long Palestine issue.

Israel had captured east Jerusalem, the West Bank and the Gaza Strip in the 1967 Mideast war. It later annexed east Jerusalem in a move not recognised by most of the international community. The Palestinians seek the West Bank and Gaza for a future independent state, with east Jerusalem as its capital.

Pakistan's longstanding stance on the issue has been that it supports a "just and solution of the Palestinian issue, through dialogue and negotiations, that leads to the realisation of the legitimate rights of the Palestinians, including the right of self-determination".

Over the years, Pakistan has consistently supported a two-state solution, as enshrined in the relevant Security Council and General Assembly resolutions and reaffirmed support for the cause till Palestinians get their due rights.

With additional input from AP

--------------------------

KARACHI, MAR 23: The Board of Management, Quaid-e-Azam House Museum – Institute of Nation Building observed Pakistan Day at Quaid-e-Azam House Museum Karachi on 23rd March, 2022.

The Flag hoisting ceremony was performed by Liaquat H. Merchant, Senior Vice Chairman and grandnephew of Quaid e Azam, Ikram Sehgal, Vice Chairman, Commodore (R) Sadeed Malik and members of the Board of Management, Quaid-e-Azam House Museum.

A student band from Ida Rieu School for special children played the National Anthem while the Pakistan flag was hoisted. Patriotic songs were sung by the students of Ida Rieu School, Jinnah Foundation School, and Hamdard Foundation School. 

Addressing the audience, Liaquat H. Merchant said that 23rd March was a special day in Pakistan at par with 14th August. Mr Merchant said that the principles, ideals and vision of Quaid-e-Azam Muhammad Ali Jinnah for Pakistan should always be kept in mind in order to achieve unity, faith and discipline. 

He encouraged students to read more about Quaid-e-Azam and understand his vision for Pakistan. Mr Merchant gave students copies of “QUOTES FROM THE QUAID” compiled by Liaquat H Merchant and the late Professor Sharif ul Mujahid and published by Lightstone Publishers.

Nadira Panjwani, a Member of the Board of Management spoke on the achievements of Quaid-e-Azam and the future prospects of Pakistan as a Muslim State. She presented students copies of “OUR QUAID” written by Amina Azfar and published by Lightstone Publishers. 

This book was the brainchild of Liaquat H Merchant and was a project of the Jinnah Society. Ms. Panjwani recommended that “OUR QUAID” be prescribed by the Sindh Government Education Department for use in government schools across Sindh. 

Amina Azfar said that she was pleased to write “OUR QUAID” for The Jinnah Society and hoped that the book would be widely read by students in Pakistan.

Ikram Sehgal said that, following the success of the Inter-School Declamation Competition 2022, the 23rd March 2022 event was also highly successful as it motivated students to attend, help hoist the flag and sing the National Anthem and patriotic songs. He advised students to read “OUR QUAID” and work hard to complete their studies and serve Pakistan to the best of their ability. 

Ikram Sehgal thanked Liaquat Merchant, Nadira Panjwani, Amina Azfar, and Ameena Saiyid of Lightstone Publishers for publishing this book as well as the teachers and students present. 

He further said that he and Liaquat Merchant, Commodore (R) Sadeed Malik and the entire Board of Management of Quaid-e-Azam House Museum under the guidance of Chief Minister Sindh will strive to make Quaid-e-Azam House an effective Institute of Nation building. 

The event was compered by Ameena Saiyid, a Member of the Board of Management.

---------------------------------------------------

ISLAMABAD, MAR 23: The country is celebrating Pakistan Day on Wednesday with the armed forces displaying their might in the annual military parade in Islamabad while dignitaries participating in the 48th Session of the Council of Foreign Ministers of the Organisation of Islamic Cooperation (OIC) watch as guests of honour.

Pakistan Day commemorates the passing of the Lahore Resolution on March 23, 1940, when the All-India Muslim League demanded a separate nation for the Muslims of the British Indian Empire.

According to Radio Pakistan, the day started off with a 31-gun salute in the federal capital and a 21-gun salute in the provincial capitals.

A change of guards ceremony was also was held at the mausoleums of Quaid-i-Azam Mohammad Ali Jinnah and Allama Iqbal in Karachi and Lahore, respectively.

The report added that special prayers were offered in mosques after Fajr prayer for Pakistan's progress and prosperity.

The main feature of the day is the grand military parade — currently underway — in Islamabad in which the three contingents of the armed forces and other security forces conduct a march while fighter planes present aerobatic manoeuvres.

Prime Minister Imran Khan, President Arif Alvi, the three services chiefs, federal ministers as well as officials and foreign ministers of 57 Muslim countries that are members of the OIC are present for the displays.

After the PAF fighters' mesmerising show, Pakistan Army, PAF and Navy parachuters demonstrated their skills with free-falls from 10,000 feet. Major General Adil Rehmani, General Officer Commanding (GOC) of the Special Service Group (SSG) – an elite unit of commandos from the army – then presented the flag of Pakistan to President Alvi, after which the parachuters were given a gun salute.

After the demonstration, floats, representing each province, took a round of the venue. This year, for the first time ever, a presentation was given by Jammu and Kashmir too. The region's float featured a miniature structure of the famous Dargah Hazratbal located in Srinagar. It also carried banners of freedom fighters who were martyred in Indian occupied Kashmir.

In his address on the occasion, President Alvi said Pakistan was a responsible atomic power that wanted peace with all other nations and respected their sovereignty.

He made it clear that Pakistan would never compromise on its security and sovereignty and would give a forceful response to any aggression directed towards it. "I believe our nation won't hesitate from any sacrifice for the country's security," Alvi added.

The president highlighted extremism and the spread of fake news as among the biggest challenges facing society and called on scholars, parents and teachers to play their part in tackling these societal problems.

Multiple organisations and departments have planned a number of activities including seminars, conferences and discussion programmes to highlight the historical significance of Pakistan Day.

'Hard work, honesty and morality'

In his message to the nation, Prime Minister Imran Khan stressed that the country came into being after a long democratic struggle and the key to its development lay in "hard work, honesty and morality".

"We need to adhere to the principles of Unity, Faith and Discipline given by Quaid-i-Azam Mohammad Ali Jinnah, and rededicate ourselves to develop Pakistan as a truly democratic welfare state on the model of Riyasat-i-Madina. On this day, it is pertinent to reflect upon the challenges confronting us as a nation," he said.

The premier added his government had brought in long-term reforms and initiatives to alleviate poverty and promote justice and its focus remained on the marginalised segments of society and how to provide them equal opportunities.

“We are now on the path to regain our past glory that was disrupted by previous regimes who gave importance to self-interests rather than national interest and welfare of the people.

"The struggle to eliminate corruption and improve moral standards would require the same persistence as our founding fathers persevered during the freedom movement,” the prime minister said.

-------------------------------------------

Courtesy Dawn News

-------------------

ISLAMABAD, MAR 22: Prime Minister Imran Khan on Tuesday said that being a matter of great anguish for Pakistani people and Muslims all over the world, the Palestinian tragedy was at the heart of the turmoil in the Middle East.

The prime minister, in a meeting with Palestinian Foreign Minister Dr. Riyad Al-Maliki reiterated Pakistan’s unequivocal support for the rights of the Palestinian people and their just struggle.

The meeting took place here on the sidelines of the 48th session of the Organization of Islamic Cooperation’s Council of Foreign Ministers. The prime minister stressed the importance of fulfilling the legitimate aspirations of the Palestinian people.

The Palestinian foreign minister underlined that the unresolved issues of the Muslim Ummah, such as Palestine and the Jammu and Kashmir dispute, were among the root causes of instability in the respective regions.

He added that the people of Indian Illegally Occupied Jammu and Kashmir (IIOJK) were suffering grave atrocities and unabated repression for demanding their inalienable right to self-determination.

Foreign Minister Maliki expressed his gratitude for Pakistan’s unwavering support and principled position on Palestine.  Prime Minister Imran Khan and Foreign Minister Maliki also exchanged views on the excellent bilateral cooperation between Pakistan and Palestine as well as the collaboration between the two sides at regional and international forums including the OIC.

-----------------------------