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Constitutional bench to start hearing cases from Nov 14: Supreme Court

The Supreme Court (SC) on Tuesday announced that the recently established constitutional bench will start hearing cases on November 14 and 15.

Earlier, the SC constituted a three-judge committee to fix cases, issue court rosters, form benches, and decide weekly caseload for its recently established constitutional bench.

The committee held a meeting today which was chaired by Justice Aminud Din Khan (head of the constitutional bench) and attended by Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar, who participated through a telephone call from Karachi.

The SC said in a press release, a copy of which is available with Dawn.com, that the purpose of the meeting was to discuss matters for the formation of the constitutional bench.

During the meeting, the committee was briefed by the court’s registrar’s office regarding the pending constitutional cases, the statement said adding, “[The] committee resolved that priority shall be accorded to the oldest cases.”

On Nov 5, the Judicial Commission of Pakistan (JCP), in its maiden session, had picked Justice Amin as head of the constitutional bench by a seven-to-five majority.

Chaired by Chief Jus­tice of Pakistan (CJP) Jus­tice Yahya Afridi, the reconstituted JCP for­m­ed a seven-member con­stitutional bench, inc­­luding Justices Ami­nud Din Khan, Jamal Khan Mandokhail, Muha­m­mad Ali Mazhar, Ayesha A. Malik, Hassan Azhar Rizvi, Musarrat Hilali and Naeem Akhtar Afghan.

Today’s press release mentioned that Justice Ayesha Malik will not be available on Nov 14 and 15 and “a bench comprising all available Judges shall be constituted to proceed with cases on these dates.”

The SC Registrar Muh­ammad Salim Khan released the court roster of a six-member constitutional bench which will begin hearing cases at 9:30am on Nov 14.

The bench will include Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

The SC directed the Registrar to schedule cases for hearing before the bench.

The next meeting of the committee will be held on Nov 13 at 12:30pm after Justice Muhammad Ali Mazhar arrives in Islamabad.




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Crisis-hit Germany headed for Feb 23 snap election

German President Frank-Walter Steinmeier (left) shakes hands with the parliamentary leader of the Greens, Katharina Droege, at the Bellevue Presidential Palace in Berlin, on Tuesday.—Reuters

BERLIN: Germany is headed for snap elections on February 23, the main parties agreed on Tuesday, aiming to form a stable government after Chan­cellor Olaf Scholz’s three-party coalition collapsed last week.

The country’s two biggest parties agreed on the early timetable, which will see centre-left leader Scholz seek a vote of confidence on December 16, said the parliamentary leader of Scholz’s Social Democrats (SPD), Rolf Muetzenich.

This would pave the way for the February vote in a compromise hammered out with the conservative opposition Christian Democrats (CDU) and their Bavarian allies CSU.

The agreement seeks to quickly restore political stability at a time when Europe’s biggest economy is set to shrink for a second year in a row and amid heightened geopolitical volatility, with wars raging in Ukraine and the Middle East.

As per agreement between two biggest parties, Chancellor Scholz will seek trust vote on Dec 16

The election date would mean Germany will be ruled by a lame-duck chancellor and stuck in the middle of its campaign period when Donald Trump is inaugurated as US president on January 20.

Embattled Scholz, who wants to run again despite poor poll ratings, initially suggested an election in late March but came under heavy pressure from all other parties to speed up the process.

The CDU is riding high in the polls and its leader Friedrich Merz had pushed strongly for an election as early as possible — a demand backed by two thirds of voters, according to a recent survey.

“We don’t have unlimited time to elect a new government in Germany, regardless of who leads it… because the world around us is not waiting,” Merz said on Tuesday.

“It’s not as if everyone is holding their breath and watching Germany in fascination, as decisions are taken in Europe, Asia and the United States.

“The world expects a Germany that is capable of taking action.”

Winter election campaign

The February 23 date would force politicians to run their campaigns in the dark and cold of winter, when voters will be less enthusiastic to flock to outdoor events than during the usual summer campaign seasons.

Scholz is expected to lose the confidence vote in the lower house of parliament, after which President Frank-Walter Steinmeier will have 21 days to dissolve the Bundestag.

Elections have to be held within 60 days of the dissolution.

Scholz took office in late 2021, taking over from the CDU’s Angela Merkel, in a three-way coalition with the left-leaning Greens and the liberal and pro-business Free Democrats (FDP).

But mounting differences over economic and fiscal policy came to a head last week when Scholz fired the rebellious FDP finance minister Christian Linder, prompting the small party to leave the government.

Since then, Scholz’s SPD and the Greens have carried on in a minority government that would need opposition support to pass any laws — something the CDU/CSU had rejected in the absence of clarity on an election date.

Future scenarios

Scholz’s coalition marked the first time a tripartite alliance has ruled at the federal level, and it may not be the last, given Germany’s increasingly fragmented political party landscape.

Fears about immigration have driven the rise of the far-right Alternative for Germany (AfD) party. It is now polling at close to 20 per cent, but other parties have pledged to shun it as a coalition partner.

The latest polls put the centre-right CDU/CSU alliance firmly in the lead at 32pc.

To win a majority, however, the conservatives would likely need the future backing of the SPD, which is currently polling at 15.5pc, in a so-called grand coalition, plus a third party.

Contenders for that spot, according to current polling, would be either the FDP, with five percent support, or possibly the Greens, who are polling at 11pc.

Lindner, who has said he wants to be finance minister again, on Tuesday welcomed the date for new elections, saying:“Happily we now have clarity on this question.” He earlier said that he thought Merz “will almost certainly be the next chancellor of Ger­many. The only question is: Who will chancellor Merz govern with?”

Published in Dawn, November 13th, 2024




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PTI livid after leaders arrested from outside Adiala

• Omar Ayub, Shibli Faraz, Asad Qaiser among those detained, then released
• Party slams govt over detention of senior leaders who sought to meet Imran in prison
• Police cite Section 144 violations as basis for action

ISLAMABAD: Several PTI leaders were briefly detained on Tuesday outside Adiala Jail while attempting to meet the party’s incarcerated chairman, Imran Khan, sparking condemnation from the party.

Opposition leaders in the National Assembly and Senate, Omar Ayub Khan and Shibli Faraz, former National Asse­mbly speaker Asad Qaiser, Opposition Leader in the Pun­jab Assembly Malik Ahmad Khan Bhachar, and Sunni Itte­had Council (SIC) Chairman Sahibzada Hamid Raza were among those arrested.

The police claimed that the party leaders were arrested under Section 144 of the Code of Criminal Procedure (CrPC) but were later released with a warning.

Mr Qaiser told Dawn that PTI had approached the Islamabad High Court (IHC) after being denied access to meet Imran Khan. “The court summoned the jail superintendent, who assured us that we could meet Khan Sahib. On Tuesday, we arrived around 2pm with the court order in hand, but the jail authorities still barred our entry,” he said.

“It feels like there’s a law of the jungle in Pakistan. We were taken to a nearby police post and, after contacting others through our mobile phones, the media arrived, and we were eventually allowed to leave,” he said.

“We have decided to lodge an FIR, submit a privilege motion and raise the matter in sta­nding committees,” he added, denou­ncing the act as a violation of basic human rights and contempt of the IHC’s directive.

The PTI leaders also accused Prime Minister Shehbaz Sha­rif, Punjab Chief Minister Mar­yam Nawaz and Inspector Gen­e­ral of Police in Punjab Dr Usman Anwar for issuing ord­ers of their illegal detention.

A police official told Dawn that the PTI leaders were taken to a police post after they ignored warnings about the prohibition of gatherings due to Section 144. However, they were soon freed after being issued a warning. “If they had refused to leave, the police would have taken legal action against them,” a senior police official said.

‘Absolutely shameful’

The PTI also condemned the incident on social media.

“Absolutely shameful! Omar Ayub Khan, Shibli Faraz, Asad Qaiser, Ahmed Bhachar and Sahibzada Hamid Raza have been arrested outside Adiala Jail for simply exercising their right to meet with Imran Khan, as permitted by law. This should alarm anyone who values the rule of law, as it shows how basic freedoms are being trampled upon,” the party said on the social media platform X (formerly Twitter).

A video posted online by the party showed Omar Ayub in a vehicle with police officers nearby, and Hamid Raza being pulled aside by uniformed personnel. A police van was also visible in the video.

Later, at a press conference, Mr Faraz decried the police action, calling it a breach of constitutional rights. He said the party leaders who went to meet Imran Khan were arrested even though they did not hold any rallies or public meetings or show any aggression.

In a statement, PTI’s Central Information Secretary Sheikh Waqas Akram denounced the government’s actions as a violation of democratic freedoms and called for legal consequences for those responsible.

He denounced the government’s “disregard for the judiciary” and for allegedly committing contempt of court, urging the court to take stern measures against those responsible for violating the law.

Mr Akram said that the senior PTI leaders waited until 3pm outside Adiala Jail but were not allowed to meet Imran Khan. However, when they attempted to leave, they were taken into custody.

He said the government was “crossing all limits of barbarism and brutalities” as the PTI leaders, workers and supporters were being detained and harassed in total disregard for the law.

Maryam’s trip

Separately, the PTI lashed out at the Sharif family over Maryam Nawaz’s visit to Geneva for what the party called a “minor medical procedure”.

The party’s spokesperson accused Ms Nawaz of abandoning the residents of Punjab, who are facing severe smog, inflation and rising crime, while she seeks treatment abroad at public expense.

Mohammad Asghar in Rawalpindi also contributed to this report

Published in Dawn, November 13th, 2024




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