Govt files reference for interpretation of Article 63(A) in SC

 

• Attorney General of Pakistan Khalid Javed Khan files reference on behalf of President Alvi.
• SCBA president says reference is "non-maintainable".
• Says appeal can only be filed after ECP issues an order.

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ISLAMABAD: The government on Monday filed the reference for the interpretation of Article 63A in the Supreme Court. 

The reference was filed by Attorney-General of Pakistan Khalid Javed Khan on behalf of President Arif Alvi.

‘Reference is non-maintainable’

Meanwhile, Supreme Court Bar Association (SCbA) President Ahsan Bhoon, while talking to the media upon arrival at the apex court, said that the reference is non-maintainable.

"The petition filed on Article 63A is not maintainable," Bhoon said.

He said that the Constitution gives the right to appeal, but first an order has to be issued by the Election Commission of Pakistan and then an appeal can be filed.

"Can a crime be punished before it is committed?" he asked.

He said that a democratically elected speaker of the NA can abide by the law.

"Earlier, it was said that an (army) general ruined the Constitution and then tit was said judges did it, but it is the first time that a speaker in Parliament has sabotaged Article 95."

As a lawyer, he  believes that the lawyers community is neutral and wants the supremacy of law, the SCBA president concluded.

Asad Umar hopes 'case will end trade of buying loyalties'

Federal Minister for Planning, Development, Reforms and Special Initiatives Asad Umar on Sunday had said in a tweet that the reference was "ready" to be filed in the apex court.

"Hopefully the case will put the bizarre trade of buying loyalties and becoming a turncoat in politics to an end forever and the influence of money in politics would be reduced," Umar wrote.

Meanwhile, former law minister and eminent constitutional expert Aitzaz Ahsan said that Article 63A is applicable to a member who votes against his party policy and that without casting a vote, a member of the assembly could not be disqualified.

Prime Minister Imran Khan has alleged the use of massive money for the purchase of conscience and loyalties of members of his party by the opposition for support to its no-confidence motion. However, the opposition has challenged the government to come up with any such evidence.

The prime minister, during his speech at the Rawalpindi Ring Road ground-breaking ceremony, called on the estranged members of the National Assembly, belonging to the ruling PTI, to return.

“I will give them the benefit of the doubt,” he remarked.

PTI’s Secretary General Asad Umar issued show-cause notices to as many as 13 MNAs of PTI (who had publicly announced plans to vote according to the call of their conscience and denied outright the money factor in this connection).

Govt approaches SC to seek clarity on Article 63(A)

Earlier, the government had decided to approach the SC for interpretation of Article 63(A) as several PTI lawmakers announced to vote on the no-trust motion, in a violation of the party policy.

The decision was taken during a consultative meeting of the PTI’s political committee held with Prime Minister Imran Khan in the chair on Friday.

The meeting discussed the legal options available to act against the disgruntled lawmakers and counter the Opposition’s move to dislodge the government of Imran Khan.

24 PTI MNAs seek refuge in Sindh House

A couple of days ago, 24 PTI MNAs had moved to the Sindh House out of fear that the government will take action against them similar to the March 10 raid by the police on the Parliament Lodges.

MNA Raja Riaz, who is a member of the Jahangir Tareen group, had told journalist Hamid Mir that the disgruntled members would vote for the no-confidence motion against PM Imran Khan in "accordance with their conscience."

PRESIDENTIAL REFERENCE FILED IN SC SEEKING OPINION ON DEFECTION CLAUSE

 

ISLAMABAD: The government has submitted the Presidential Reference seeking the court’s interpretation of the Article 63-A of the constitution, ARY News reported on Monday.

Attorney General Khalid Javed Khan has filed the reference on behalf of President Arif Alvi.

The apex court earlier received the Presidential Reference seeking the court’s opinion on the defection of the constitution.

The President has sought the opinion of the top court in the presidential reference under the jurisdiction of Constitution’s Article 186.

In presidential reference, the supreme court’s guidance has been requested over four basic questions with regard to the Article 63-A of the constitution.

“If the members betraying their party could only be punished with removing them from their parliament seats,” the reference asked the court.

“If the defector can be disqualified for contesting the next election or not? If a defector under Article 63-A, will be disqualified for life?.

“The vote given by a parliament member against the party’s policy will be counted in the voting or not,” the president questioned about the fate of the controversial vote.

Attorney General for Pakistan (AGP) talking to ARY News earlier said that the presidential reference for interpretation of Article 63-A of the constitution will be moved to the apex court by Monday (March 21).

“The debate on Article 63-A will ultimately come to an end after the Supreme Court’s opinion,” he said.

“The government will not cross the limits of the constitution and law in the no-trust motion,” the state’s top lawyer said. “What will happen, will be happened within the boundries of the constitution,” the attorney general said.

The federal cabinet yesterday approved the draft of the presidential reference seeking clarity on the Article 63 (A) for curbing the horse-trading.

Polio worker injured in Lahore attack

LAHORE: A polio worker was injured in Lahore when armed assailants opened fire at an anti-polio team in Lahore’s Chauburji area on Wednesday, ARY News reported.

According to details, unknown gunmen fired at the polio team due to which a worker named Umar Khan sustained bullet injury to his leg.

He was shifted to Mayo Hospital for treatment of his injuries.

The cops also said that the anti-polio was initiated in the area without informing the police.

The police also said that the license number of the motorcycle was traced and the shooters would be apprehended soon.

Case of the incident has been registered against the unknown persons at Saanda Police Station.

China sends missiles to contested South China Sea island: Taiwan, U.S. officials

TAIPEI/WASHINGTON: China has deployed an advanced surface-to-air missile system to one of the disputed islands it controls in the South China Sea, Taiwan and U.S. officials said, ratcheting up tensions even as U.S. President Barack Obama urged restraint in the region.

Taiwan defense ministry spokesman Major General David Lo told Reuters on Wednesday the missile batteries had been set up on Woody Island. The island is part of the Paracels chain, under Chinese control for more than 40 years but also claimed by Taiwan and Vietnam.

A U.S. defense official also confirmed the “apparent deployment” of the missiles, first reported by Fox News.

China’s foreign minister said reports by “certain Western media” should focus more on China’s building of lighthouses to improve shipping safety in the region.

“As for the limited and necessary self-defense facilities that China has built on islands and reefs we have people stationed on, this is consistent with the right to self-protection that China is entitled to under international law so there should be no question about it,” Wang Yi told reporters in Beijing.

The Chinese defense ministry told Reuters in a statement that defense facilities on “relevant islands and reefs” had been in place for many years, adding that the latest reports about missile deployment were nothing but “hype”.

China claims most of the South China Sea, through which more than $5 trillion in global trade passes every year, and has been building runways and other infrastructure on artificial islands to bolster its title.

The United States has said it will continue conducting “freedom of navigation patrols” by ships and aircraft to assure unimpeded passage through the region, where Vietnam, Malaysia, Brunei, the Philippines and Taiwan have rival claims.

Admiral Harry Harris, the commander of the U.S. Pacific Command, said the deployment of missiles to the Paracels would not be a surprise but would be a concern, and be contrary to China’s pledge not to militarize the region.

“We will conduct more, and more complex, freedom of navigation operations as time goes on in the South China Sea,” Harris told a briefing in Tokyo. “We have no intention of stopping.”

RISING TENSIONS

News of the missile deployment came as Obama and leaders of the Association of Southeast Asian Nations concluded a summit in California, where they discussed the need to ease tensions in the South China Sea but did not include specific mention of China’s assertive pursuit of its claims there.

China’s increasing military presence in the disputed sea could effectively lead to a Beijing-controlled air defense zone, analysts said.

“(The missile deployment) reinforces the view that China intends to exert growing control in these international waters, including potentially by declaring an Air Defense Identification Zone,” said Rory Medcalf, Head of the National Security College at the Australian National University.

Mira Rapp-Hooper, a South China Sea expert from the Center for a New American Security, said it was not the first time that China had sent such weapons to the Paracels.

“I do think surface-to-air missiles are a considerable development,” she said. “If they have been deployed they are probably China’s effort to signal a response to freedom-of navigation operations, but I don’t think it is a totally unprecedented deployment.”

A U.S. Navy destroyer sailed within 12 nautical miles of Triton Island in the Paracels last month, a move China condemned as provocative.

China last month said it would not seek militarization of its South China Sea islands and reefs, but that did not mean it would not set up defenses.

“Woody Island belongs to China,” said Ni Lexiong, a naval expert at the Shanghai University of Political Science and Law.

“Deploying surface-to-air missiles on our territory is completely within the scope of our sovereign rights. We have sovereignty there, so we can choose whether to militarize it.”

Taiwan President-elect Tsai Ing-wen said tensions were now higher in the region.

“We urge all parties to work on the situation based on principles of peaceful solution and self-control,” Tsai told reporters.

Vietnam’s foreign ministry did not immediately respond to requests for comment. But in a rare move, the country’s prime minister on Monday pressed Obama for a greater U.S. role in preventing militarization and island-building in the South China Sea.

Images from civilian satellite company ImageSat International show two batteries of eight surface-to-air missile launchers on Woody Island, as well as a radar system, Fox News said.

The missiles arrived over the past week and, according to a U.S. official, appeared to show the HQ-9 air defense system, which has a range of 125 miles (200 km) and would pose a threat to any airplanes flying close by, the report said.

In November, two U.S. B52 strategic bombers flew near artificial Chinese-built islands in the Spratly Islands.

Asked about the report, Bill Urban, a Pentagon spokesman, said: “While I cannot comment on matters related to intelligence, we do watch these matters very closely.”

Prime Minister Nawaz Sharif lashes out at NAB

Prime Minister Nawaz Sharif expressed anger at the National Accountability Bureau when he said the institution should work with responsibility.

As the National Accountability Bureau conducted its operations, various politicians and political parties have issued statements against the institution. The latest to condemn the actions of NAB was none other than Prime Minister Nawaz Sharif himself. According to details, the PM chided NAB and directed it to work with responsibility and said disgracing people as well as stopping them from working was not appropriate.

Before this, various politicians including former Pakistani president Asif Ali Zardari and PTI chief Imran Khan had also criticised NAB. Analysts are surprised as to how an institution, whose basis was formed by consensus among the top two political parties of Pakistan, is now being subjected to such harsh criticism. Furthermore, NAB hasn’t even conducted any effective activity against any important institution or politician hence it being the subject of harsh statements is surprising.

Political pundits are of the view that after its recent operations in Sindh, NAB has now turned its guns towards Punjab.

ANF conducts raid and seizes 4,000 kg hashish and 16 tonnes of chemical acid

KARACHI: The Anti Narcotics Force have carried out a raid and recovered 16 tonnes of chemical acid which can be used to make heroin and 4,000 kilograms of hashish, ARY News reported.

According to sources, Anti Narcotics Force in Karachi carried out two major operations in which huge amounts of drugs were seized. One operation was carried out at the Hub River road while the other took place at Karachi port.

At the raid which was conducted at Hub River road, 4,000 kilograms of hashish were recovered. The hashish was hidden expertly in the sections of an oil tanker. Driver was taken into custody and an investigation into the matter has been initiated.

At the operation conducted at Karachi port, ANF recovered 16,200 kilograms of chemical acid which can be used to make heroine. Authorities revealed that the chemical acid was of premium quality and was being transported to Afghanistan from Hong Kong, via Karachi.

The chemical acid has been confiscated and a case is likely to be registered against the person who was responsible for booking the containers.

Anti-polio campaign in different cities of Pakistan enters its third day

PAKISTAN: The anti-polio campaign has entered into its third day in several cities of the country including Karachi, Lahore, Rawalpindi and Islamabad.

According to details, today is the final day of the anti-polio campaign in 15 districts of Balochistan. The campaign is also active in 83 districts across Pakistan. In Karachi, the anti-polio campaign is going on even in its third day. During the drive, which will last till February 18, polio drops will be administered to as many as 2.164 million children.

The previous day, several families in Karachi’s Sultanabad area had refused to have their children vaccinated. As per anti-polio authorities, as many as six thousand police personnel have been deployed for the security of the polio teams.

Stringent security measures have been taken for the anti-polio campaign in Islamabad and Rawalpindi. In the twin cities, the campaign would last till five days.

Meanwhile in Balochistan, today is the last day of the anti-polio campaign in as many as 15 districts. According to the health department of Balochistan, various districts of the province as well as the provincial capital have benefited from the anti-polio drive. As many as 1.6 million children have been administered polio drops under the strict security provided by Levies, Police and FC personnel.

Strict security measures were also taken in Peshawar as well as other areas of KP, as polio teams administered polio drops to children on the third day of the campaign.

‘Human error’ caused deadly German train crash

BAD AIBLING, Germany: German prosecutors Tuesday said human error was to blame for a train crash that killed 11 people and charged a 39-year-old signalling worker with negligence leading to the accident.

“If he had complied with the rules … then there would have been no collision between the trains,” said Wolfgang Giese, the prosecutor who led the investigation into last Tuesday’s accident in southern Germany.

“There is no evidence of technical problems… Our investigation shows that this was human error with catastrophic consequences,” he added.

Two commuter trains travelling at high speed crashed head-on near the spa town of Bad Aibling last Tuesday, in one of Germany’s deadliest accidents in years, with one slicing the other apart, ripping a large gash in its side.

Dozens were also injured in the collision.

The signalling worker, who had allowed two trains from opposite directions to travel on a single track, made an emergency call after realising his mistake, said another prosecutor Juergen Branz.

“But that went unanswered,” he added.

The worker had admitted the error on Monday, Giese said, adding that he had not been taken into preventive detention as the action was not deliberate.

NAB doing same as FIA, Zardari tells PM Sharif

KARACHI: Former president Asif Ali Zardari Tuesday responded to Prime Minister Nawaz Sharif’s criticism of the National Accountability Bureau (NAB) saying that the anti-graft body is doing the same what the Federal Investigation Agency (FIA) is busy with in the country, ARY News reported.

In a statement issued today, Zardari lamented continuous steps in contrast with the 18th Amendment that guarantees provincial autonomy.

He reminded Mian sahib of one of his cabinet members’ statement in which he stated that former federal minister Dr. Asim Hussain has not been involved in any wrongdoing or corruption.

The former president bemoaned that despite all this Dr. Hussain is being abashed for months.

Earlier addressing workers in Bahawalpur, Prime Minister Nawaz Sharif talked of some hurdles in the way of government to deliver.

He alleged NAB of ‘laying hands on innocent masses and embarrassing them’.

The premier asked chairman NAB of taking notice of it, warning of due action otherwise.

Nawaz promises end of power crisis during his govt tenure

BAHAWALPUR: Prime Minister Nawaz Sharif on Tuesday said that he did not make the claims eradicating crippling power crisis in a year, ARY News reported.

Addressing gathering of Pakistan Muslim League – Nawaz (PML-N) workers, PM Sharif said that he was advised by some people to promise resolution of the energy crisis within six months. “But I told them I would not lie with the nation.” I promised an end of the power crisis within five years, he said.

He expressed his firm resolve to overcome the energy problem during the tenure of his government.

The Prime Minister said government is fully aware about the problems specially energy crises being faced by the masses.

The Prime Minister said work on three projects for production of electricity through gas is in progress which will produce three thousand and six hundred megawatts electricity after completion by next year.

He added that the trend of ousting elected governments should end.

“The mandate to rule is given by the people are somebody else ousts an elected government. If the governments were made to rule, the situation of the country would have been much different”, PM Sharif said.

“Somebody should answer why our governments were shown the door”, he added.

The prime minister said that world institutions have acknowledged that Pakistan is on the path of development.

Daesh does not exist in Pakistan: Interior Minister Chaudhry Nisar

Federal Interior Minister Chaudhry Nisar said Pakistan was winning the war against terrorism, ARY News reported.

Speaking at the occasion, Chaudhry Nisar said some people were angered at him because ‘he had his foot on their tail’. Speaking on the issue of terrorism, the Federal Interior Minister said Pakistan was winning the war against terrorism. He also said Daesh was a militant outfit that was present in the Middle East and not in Pakistan. “Daesh does not exist in Pakistan,” said Chaudhry Nisar. He also said some groups were carrying out nefarious activities in Pakistan and using the name of Daesh. 

Nisar said some groups used the name of Al-Qaeda at times and at other instances, used the name of Daesh. “This is not s new phenomena,” he said.

Chaudhry Nisar also said that accomplishments and positive results that were achieved in the fight against terrorism were as a result of united efforts.

Nisar also lashed out at opponent and critics when he said some people had slept their whole tenure away and were now raising fingers at him. The Interior Minister also said he was not like other ministers since he read all his files himself.  

Nisar’s remarks regarding the non-existence of Daesh come in the wake of admission by Pakistan’s IB chief a couple of days ago when he claimed that the banned militant outfit was in Pakistan. Following those remarks, the country’s Foreign Ministry spokesperson had denied the existence of Daesh in Pakistan. 

President advises countrymen not to celebrate Valentine’s Day

ISLAMABAD: President Mamnoon Hussain has advised the countrymen not to observe Valentine’s Day, saying that it was not a part of Muslim tradition.

“Valentine’s Day has no connection with our culture and it should be avoided,” he said while addressing a function here to pay homage to Pakistan Movement leader Sardar Abdur Rab Nishtar on his death anniversary.

Talking about the education system in the country, the president said there was a need to formulate educational curriculum of Pakistan according to the requirements of the modern age and ideology of Pakistan. “Work in this regard is under way and soon new curriculum with consensus of all stakeholders would be implemented,” he said.

Mamnoon Hussaid said that “We could not derive full advantage of our strategic geographical location in the past but now the government is endeavouring to take Pakistan to newer heights of prosperity through the China-Pakistan Economic Corridor and development of Gwadar port.”

Paying tribute to national heroes, the president said Pakistan came into being because of struggle waged by Sardar Nishtar and others under the leadership of the Quaid-i-Azam. “We need to emulate the principles and self-belief of our founding fathers to make Pakistan strong and prosperous country,” he said.

“Students should go abroad to attain higher education, but should not be influenced by the West and must maintain their religious and national identity,” he said.

LEAs Nab Lyari Gang-war Facilitator In Early

KARACHI: Law enforcement agencies (LEA) on Saturday nabbed a facilitator of the Lyari gang-war from the Lyari General Hospital. 

According to sources, Riaz Babal aka Babla, a key facilitator of the Lyari gang-war was picked up by LEAs during a raid at the hospital. Babla was later shifted to an undisclosed location for further interrogation. 

Sources add, that information provided by Babla led law enforcers to the residences of gang-war members belonging to the Baba Ladla group where LEAs also managed to seize arms and ammunition from Phool Patti lane. 

Mama Nisar and Mama Rashid however managed to evade arrest and escaped. 

- See more at: http://www.geo.tv/latest/101073-LEAs-nab-Lyari-gang-war-facilitator-in-early-morning-raid#sthash.2yWHTzre.dpuf

Karachi police chief urges parents to send children to schools

KARACHI: Additional IG Karachi, Mushtaq Mehr Friday urged parents to send their children to schools assuring that police will provide security to them, ARY News reported.

In his message, the Karachi police chief appealed traders and citizens to help police against terrorism and to immediately inform the law makers in case of miscreants’ presence at a particular area.

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Read: Panic in Karachi after three grenade attacks in two hours

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Earlier in the morning, panic gripped citizens as three grenade attacks took place in the city within two hours span.

Two of the attacks were aimed at a school in North Nazimabad and APWA Girls College near Karimabad.

WASHINGTON: United States (US) on Friday admitted Pakistan’s efforts for the achievement of a safer Afghanistan and termed them ‘commendable’, ARY News reported.

Briefing the media here, Deputy Spokesman of the US Department of State, Mark Toner said that the US praises Pakistan’s efforts in the Afghan peace process, acknowledging the fact that no other country in the world suffered damage due to terrorism more than what was inflicted to Pakistan.

He said that supporting Pakistan is in our interest and that it is key partner in the region for the achievement of a stable Afghanistan.

Toner went on to say that the military aid provided to Pakistan is meant for counter-terrorism measures.

He, however, did not confirm receiving a letter from Senator Bob Corker declining to provide Pakistan with F-16 fighter jets.