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CJP asks govt to give in writing that there’ll be no more enforced disappearances

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  • Aitzaz’s petition seeks establishment of an “effective” commission.
  • Court verdicts not enough, state needs to “change its mindset”: CJP
  • “Country has been fractured,” CJP on enforced disappearances.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Wednesday asked the federal government to give in writing that there would be no more enforced disappearances in the country.

The development came as a three-member bench led by Justice Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, heard the petition of Barrister Aitzaz Ahsan and other petitioners on the unlawful practice of enforced disappearances, praying for declaring it as violative of various articles of the Constitution.

“We do not want a statement from any section officer. The Government of Pakistan should give us in writing that no one will be illegally disappeared anymore,” the CJP said during a hearing of the case.

Aitzaz had prayed the court to declare that enforced disappearances are violative of Articles 4, 9, 10, 14, 19, and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances does not adequately comply with legal and international standards.

Similarly, he asked the apex court to set up an effective and purposeful commission.

He prayed the apex court that the commission should be headed by a judge of the Supreme Court while members of the commission should be the Supreme Court Bar Association president, Pakistan Bar Council vice chairman, Lahore, Sindh, Peshawar, Quetta Bar Association heads, Human Rights Commission of Pakistan chairman, National Commission on Status of Women chairperson, Inter-Services Intelligence (ISI) Director General, Intelligence Bureau (IB) additional director general and Pakistan Federal Union of Journalists president.

In today’s hearing, the CJP lamented that the country has been “fractured” by its people, saying that the state needs to change its mindset as court verdicts alone are not enough to end the practice of enforced disappearance.

At the outset of the hearing, Ahsan’s counsel Shoaib Shaheen cited the Supreme Court’s verdict on the 2017 Faziabad sit-in.

The CJP inquired how the Faizabad sit-in verdict is related to enforced disappearances. Advocate Shaheen maintained that the court has mentioned the role of intelligence agencies in the verdict.

At this, the CJP asked Shaheen to explain the part of the Faizabad sit-in decision that applied to the participants of the Baloch protesters protesting against enforced disappearances.

The counsel replied that the Faizabad verdict stated that peaceful protest is the right of every citizen and called for action against those who resorted to violence.

“I am surprised that you are referring to the Faizabad dharna verdict,” the CJP remarked.

Advocate Shaheen said he had been always referring to the Faizabad verdict. “If the Faizabad sit-in decision had been followed so such circumstances would not have happened today,” he added.

The top court adjourned the hearing of the case till January 9.

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Sheikh Rasheed says PTI and government negotiations won’t provide any results.

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Sheikh Rasheed voiced his worries about the nation’s ongoing political dilemma while speaking outside the Anti-Terrorism Court.

According to Sheikh Rasheed, a committee was established to negotiate, but the process has not produced any tangible results. In order to emphasize the seriousness of the situation, he said, “Political conditions are extremely bad.”

He made the joke, “Even after war, if negotiations fail, then it will all come down to judo karate,” in reference to the next steps.

“Everyone there prays for Pakistan’s betterment,” Sheikh Rasheed, who had returned from Saudi Arabia, said. He emphasized the necessity for the nation’s circumstances to improve and stabilize.

Assad Qaiser, a former speaker and PTI leader, had earlier called on Speaker Ayaz Sadiq of the National Assembly to discuss the official start of talks with the government.

The two leaders shared their opinions on bringing parties together on matters of national importance and reducing political tensions and conflict.

“I will persuade my people, you persuade the hardliners in your party,” Ayaz Sadiq said to Assad Qaiser.

The party’s founder is in jail, and the PTI leadership has asked to meet with him. “We will continue to confer with him,” Assad Qaiser declared.

Earlier, PTI leader Shaukat Yousafzai stated that if the discussions don’t begin, a campaign of civil disobedience will begin on December 14.

Speaking to the media Regarding the meetings, Yousafzai claimed that the government ministers were making insincere remarks.

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Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

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The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

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The Supreme Court has granted the appeal of the PTI founder for a judicial probe into the events of May 9.

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The Supreme Court has officially accepted the plea submitted by the PTI chairman for a judicial probe into the events of May 9 for a comprehensive hearing.

The constitutional bench of the Supreme Court annulled the registrar’s office’s objections to the petition and instructed the office to allocate a case number and arrange the hearing.

The PTI chairman was represented by prominent attorney Hamid Khan, who appeared in court to argue for the petition’s admission.

The Lahore Anti-Terrorism Court (ATC) already convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in connection with the incidents on May 9 and denied his bail on eight distinct counts.

The court’s finding was delivered in a six-page written order by ATC Judge Manzar Ali Gul.

The written ruling emphasized substantial evidence against the PTI founder, comprising audio and visual recordings of his directives to incite violence.

The court observed that witnesses had provided testimony on the conspiracy planned by Imran Khan at Zaman Park, where he purportedly strategized for his possible arrest by intending to disrupt state functions via his supporters.

Imran Khan’s legal counsel contended that he was in custody at the time of the incidents, proposing that bail be granted in accordance with precedents where bail was awarded in like circumstances following detention.

Nevertheless, the court rejected this argument, underscoring that the case’s nature was not a trifling issue of conspiracy or incitement.

The prosecution established that Mr. Khan had explicitly incited assaults on military and governmental facilities and had galvanized both his commanders and supporters to adhere to his directives.

The decision additionally cited the Lahore High Court’s finding regarding a prior release granted to Ijaz Chaudhry, highlighting Imran Khan’s involvement in the conspiracy. The court dismissed the defense’s challenge over the prosecution’s lack of specificity concerning the date, time, or location of the purported conspiracy, affirming that the scheme was allegedly devised on May 7 and May 9 at Zaman Park.

The prosecution asserts that undercover police officers, masquerading as PTI supporters, intercepted discussions outlining the scheme.

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