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Imran Khan asks SC to intervene in governor Punjab’s de-notification issue

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  • Imran Khan terms government “imported puppets”.
  • He says government has violated Constitution.
  • Marriyum Aurangzeb slams Khan for demands.

ISLAMABAD: PTI Chairman Imran Khan Tuesday called on the Supreme Court of Pakistan to intervene and take suo motu notice of Omar Sarfaraz Cheema’s removal from the governor of Punjab’s office.

The Cabinet Division, in the wee hours of Monday, denotified Cheema after President Arif Alvi rejected PM Shehbaz’s advice to remove him from the office of the governor.

In his statement today, the former prime minister, referring to the government as “imported puppets”, said it was “attempting to create an atmosphere which would lead to constitutional chaos.”

Terming Hamza Shahbaz’s chief minister election a “fraud”, the PTI chairman said the incumbent government has “overlooked” all constitutional requirements, violated them, and humiliated the president’s office.

Read more: Omar Sarfaraz Cheema denotified as governor Punjab

Despite constitutional safeguards, an attempt was made to remove the Punjab governor through “shameful means”, Khan said, adding that “all were silent” when the Constitution was being openly violated in Punjab.

“It is imperative that the Supreme Court, in view of the delicacy of the situation, should look into the matter on its own,” the ex-prime minister added.

The call for Supreme Court’s intervention come as the president had “strongly rejected” the prime minister’s advice to remove Cheema, but the Cabinet Division still de-notified him as governor.

“In terms of Article 101 and proviso to Article 48 (1) of the constitution of the Islamic Republic of Pakistan, read with serial No. 2D of schedule V-B to the Rules of Business, 1973 and the Prime Minister’s advice (s) rendered on 17-04-2022 and 01-05-2022 for removal of Governor of Punjab, Mr Omer Sarfaraz Cheema ceases to hold the office of the Governor Punjab, with immediate effect,” the notification read.

Cheema had been causing problems for the PML-N in Punjab ever since he was given the post by Khan during his last days in power. The governor had triggered a constitutional crisis after he refused to administer the oath to CM Punjab Hamza.

Hamza was finally sworn in after the Lahore High Court ordered NA Speaker Raja Pervaiz Ashraf to administer the oath.

Read more: President Alvi ‘strongly rejects’ PM Shehbaz’s advice to remove Punjab governor

Cheema had last week said that he would arrest CM Punjab Hamza Shehbaz Sharif if provided “a subedar and four soldiers” and had also asked Chief of Army Staff (COAS) General Qamar Javed Bajwa to play his “role” in the implementation of the Constitutional framework in Punjab.

The federal government has nominated Baligh-ur-Rehman as the new governor of Punjab.

Cheema refuses to accept orders

In response, Cheema refused to accept the orders regarding his removal issued by the Cabinet Division.

He said President Alvi had rejected the summary for his removal sent by the premier due to “exceptional circumstances” but the Cabinet Division still issued the notification for his removal.

Terming the notification “unconstitutional”, he said that he would consult legal experts and announce his strategy.

Meanwhile, police sources told Geo News that Cheema was denied entrance to the Governor House.

‘No moral ground to seek SC intervention’

Responding to Khan’s demand, Minister for Information and Broadcasting Marriyum Aurangzeb said the PTI chairman, who himself had “sheer disregard for courts”, had no moral ground to appeal to the Supreme Court for taking notice of Cheema’s removal.

Khan seemed to have “no iota of shame” as despite being a “violator of the Constitution himself”, was talking about the supremacy of the Constitution, she said in a statement.

Aurangzeb said the “fascist era” of the Imran-led government would continue to be condemned for bullying the Constitution. It, she added, had exposed the “political hypocrisy” of the PTI chairman.

The constitutional posts of the governor, speaker and deputy speaker were disrespected at Khan’s whims, the minister said.

Marriyum said the “drama of constitutional violations” staged by the PTI leadership in the National Assembly before the vote of the no-trust motion was repeated in the Punjab Assembly as well.

The unconstitutional and fascist approach of the PTI leadership had led to the opening of court doors at midnight opening, she added.

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PTA provides a significant update on Pakistan’s Starlink launch.

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Starlink applied for a license on February 24, 2022, and is currently in communication with the new regulatory body, according to a briefing given to the National Assembly Standing Committee on IT, which was chaired by Senator Palwasha Khan, the PTA Chairman.

Starlink needs to register with both the PSB and the Securities and Exchange Commission of Pakistan (SECP) before to starting its satellite services in Pakistan. According to the PTA Chairman, the body will proceed with further actions after the registration procedure is over.

Along with Starlink, Shanghai Space Technology is also making its debut in Pakistan, which should boost internet access and spur technical advancement in the nation.

The Pakistan Telecommunication Authority (PTA) has also made it plain that until it has government approval, it is unable to grant a license to Elon Musk’s satellite internet service, Starlink.

The chairman stated that Starlink has promised to adhere to government regulations and not circumvent the system.

The committee also chose to call a meeting of the Space and Upper Atmosphere Research Commission (SUPARCO) to take up the topic of space technology regulation. Additionally, the committee asked why the PTA is assigning its duties to other groups.

Prior to the launch of Starlink in Pakistan, Elon Musk, the CEO of SPACEX, stated that he was seeking permission from the Pakistani government.

According to information, Pakistani social media user Sanam Jamali and Elon Musk had a discussion on the launch of Starlink in Pakistan on the social media site X (previously Twitter).

Sanam asked Musk to launch Starlink in Pakistan, claiming that it might open the door to a better future by giving people access to the internet and chances to advance.

In response, Musk said that he is awaiting Pakistani official approval to introduce Starlink there. Through a massive network of satellites, SpaceX’s Starlink offers internet services.

Starlink

SpaceX, a private aircraft manufacturer and space transport services provider established by Elon Musk, is the developer of the Starlink satellite internet network. The constellation uses a network of thousands of tiny satellites in low Earth orbit (LEO) to deliver fast, dependable, and worldwide internet connectivity.

The way we access the internet could be completely changed by this cutting-edge technology, particularly in isolated and underdeveloped locations where conventional fiber-optic and cellular networks are scarce or nonexistent.

High-speed internet access with latency as low as 20 ms is what the Starlink constellation is intended to provide; this is on par with or even better than many current fiber-optic networks.

Every Starlink satellite includes a phased array antenna, which enables it to connect with numerous users at once, offering a flexible and high-capacity network. Fast and dependable internet connection is available to users from almost anywhere in the world with Starlink, which is an exciting advancement for digital inclusion and global connectedness.

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The government has dismissed the PTI’s request for a judicial panel probing the violence on May 9.

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The federal government’s negotiation team has completed a comprehensive written reply to the demands put out by PTI.

The statement addresses all points presented by PTI, including the rejection to establish a judicial panel for the events of May 9.

The administration highlighted that judicial commissions are constituted for issues not subject to judicial review, and cases pertaining to May 9 are currently being adjudicated in courts, with certain persons having been condemned by military tribunals.

PTI has consented to engage in negotiations with the Prime Minister’s committee. An in-camera session has been arranged at Parliament House to further deliberate on the topic.

The letter response requests comprehensive lists of missing persons and arrested individuals from PTI, inquiring how measures for their release may be implemented without adequate information. Furthermore, PTI’s assertions concerning fatalities during protests necessitate corroborative data.

The government committee intends to deliver the written response to National Assembly Speaker Ayaz Sadiq in the imminent future. The Speaker will determine whether to convene the fourth round of discussions upon receipt of the response.

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Why the APS assailants were not convicted in military courts is questioned by a SC justice.

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The Supreme Court’s seven-member constitutional bench, presided over by Justice Aminuddin, is currently considering intra-court appeals against civilian trials in military courts. The court asked why the attack on the Army Public School (APS) did not result in a military court trial, even though it involved the Army Act and a criminal conspiracy.

Justice Aminuddin stated, “We acknowledge the presence of military courts, but we need to assess the ‘patch’ that has been applied within the system.” Mohammad Ali Mazhar, Hassan Azhar Rizvi, Musarat Hilali, Naeem Akhtar Afghan, Shahid Bilal Hassan, and Jamal Mandokhail were also on the bench.

The session focused on points made by Khawaja Haris, the Ministry of Defense’s attorney, who underlined that military courts are set up under the Army Act for crimes involving the armed services. He made it clear that the topic of debate is the trial of crimes under the Army Act, not civilian trials.

Concerning the intent behind crimes, Justice Mandokhail questioned if military trials would take the defendant’s motivations into account. Regardless of the individual’s intention, Khawaja Haris retorted that a military court would hear instances pertaining to the Army Act.

The 21st Amendment, which permitted military court proceedings, was passed under particular conditions, including the APS attack, the bench pointed out. Even after the horrific attack on an Army school, Justice Mandokhail said military tribunals were impossible without a constitutional amendment, citing the amendment.

In order to bolster his claims on the connection between crime and the Army Act, Khawaja Haris cited other rulings throughout the session. He emphasized that the type of offense determines the trial venue. The bench was eager to learn more about the process’s constitutional ramifications, though, and questioned why some attacks—such as those against military installations—were not subject to military tribunals under the current system.

Justice Mandokhail questioned why, even if the Army Act was in effect at the time of events like the APS assault, constitutional revisions were necessary for terrorism prosecutions to take place in military courts as the session went on. The court has postponed additional considerations until tomorrow, and the case continues to be a critical analysis of civilian justice versus military courts.

Today’s intra-court appeal against civilian military court trials was still pending, and Defense Ministry attorney Khawaja Haris will resume his arguments on Thursday.

The 21st Constitutional Amendment, the tragedy of the Army Public School attack, and the comments made by former Senate Chairman Raza Rabbani were all discussed at the hearing before the Supreme Court’s seven-member constitutional bench.

The presence of military courts is recognized, but the “patch on velvet” needs to be reviewed, said Justice Jamal Mandokhel.

After voting in support of the 21st Constitutional Amendment, Raza Rabbani shed tears, which are now part of history, according to Justice Hassan Azhar Rizvi.

Khawaja Haris will continue to offer arguments at the intra-court appeal session tomorrow.

In order to counter terrorism, the 21st Amendment was passed after the APS assault. The bench, led by Justice Ameenuddin, cited the particular circumstances of this amendment.

This constitutional amendment allowed terrorists to be tried in military courts. Haris maintained that criminals implicated in events such as the May 9 assaults are subject to military trials.

The 21st Amendment was made for specific conditions, including the APS attack, where military trials became necessary. Haris emphasized that such trials, even without the amendment, could still take place under the military court system.

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