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President Arif Alvi returns NAB, election amendment bills for ‘not being informed’ about legislative proposal

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  • President Arif Alvi contests that Article 46 was violated.
  • President returns bills for “reconsideration and detailed deliberation”.
  • Bills passed “in haste and without due diligence”, he says.

ISLAMABAD: President Dr Arif Alvi on Saturday refused to sign the bills seeking amendments in the NAB and election laws, and returned them back to Prime Minister Shehbaz Sharif as he “was not informed” about the “legislative proposal” under Article 46 before they were tabled in Parliament.

The National Assembly had last week passed bills to abolish the PTI government’s election reforms giving overseas Pakistanis the right to vote through i-Voting and electronic voting machines (EVMs), as well as the NAB laws.

After the president’s refusal to sign the bills, the federal government has decided to convene a joint sitting of the Parliament to pass them, sources told Geo News.

Meanwhile, a press release issued by the president’s office said that Dr Alvi returned the National Accountability (Amendment) Bill, 2022 and Elections (Amendment) Bill, 2022 for “reconsideration and detailed deliberation” to Parliament and its committees under Clause (1) (b) of Article 75.

The president has contested that Article 46 was violated as he was not informed about the legislative proposals before they were brought before the Parliament. Article 46 states that “the prime minister shall keep the president informed……. on all legislative proposals the federal government intends to bring before Majlis-e-Shoora (Parliament)”.

Dr Alvi also noted that the bills were passed “in haste and without due diligence”. He noted that both the bills have “far-reaching impact on society” and should have been discussed in detail.

NAB amendment changes burden of proof: president

On NAB laws, President Alvi noted that the amendment shifts the burden of proof on the persecution and would make the accountability watch dog’s laws similar to the code of criminal procedure.

“This will make it impossible for the prosecution to prove cases of corruption and misuse of official authority by the state persons and will bury the process of accountability in Pakistan,” claimed Dr Alvi. He also noted that the amendment is “against the spirit of Islamic jurisprudence”.

“This amendment would make the tracing money trail for the acquisition of illegal assets almost impossible especially when the records of the property/assets/wealth are neither digitised nor can be traced especially in benami properties by the investigators,” said the president.

Dr Alvi is of the view that if the amendments are enacted then the “ongoing mega corruption cases” in courts will become “infructuous”.

“Therefore, the proposed amendment which should have strengthened the accountability mechanism to eliminate corruption and political engineering to ensure good governance in the country has been rendered a toothless entity,” concluded the president. 

Overseas Pakistanis deprived of voting rights since 1990s: President Alvi

On the election amendment bill, Dr Alvi noted that overseas Pakistanis have been deprived of voting rights despite commitments made to them by different prime ministers and presidents during their overseas trips since the 1990s.

“As a result of constant pursuance by them, the Supreme Court of Pakistan in 2018 upheld its earlier decision of 2014 on the voting rights of overseas Pakistanis and reiterated that with improving technology, efforts should be made to allow them to vote from outside of Pakistan,” said the president.

The president also shared that the Supreme Court had expressed its regret about the system not being used despite its judgment in 2014.

“Objections on the possibility of hacking the I-voting have no ground as the amount of digital financial transactions taking place are to the tune of approximately $5 trillion daily which has been increasing to almost $8.5 trillion every day. The probability of a plane crash is thousands of times higher than the probability of hacking of a digital transaction today,” said the president.

The president stated that the process used to ensure secure digital payments can “ensure anonymity and security of the vote and can also be subjected to complete audit on the truth-match of the vote cast”.

“The EVM to be adopted by Pakistan is unique and combines a paper system of votes as we already practice, together with an electronic counting to keep a permanent supportive safety record. The legislature can always make laws that in case of discrepancy or dispute, the paper count rather than the electronic count will take priority or vice versa. There is no risk involved,” he said.

“In Pakistan, the stigma of rigging is attached to every election resulting in that every government has to bear an allegation of non-representation, reducing its credibility in some segment of the population within the country thus weakening it, and also with implications internationally. Billions are lost in litigation and confrontation”, the President added.

He observed that the new amendments in this form are like taking one step forward, and then panicking and taking two steps backwards. Changing them back is tantamount to unnecessarily delaying these technical processes for the advancement and transparency of elections in Pakistan.

He recommended that Parliament should not regress on these laws, in fact only improve them with set timelines to ensure implementation.

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Man charged with raping mother-in-law who is deaf-mute

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The City A Division Police Station in Bahawalnagar is the place where a man has been accused of sexually abusing his 50-year-old deaf-mute mother-in-law.

The assault is said to have been carried out by the suspect while the victim was visiting her daughter. The woman was allegedly molested at night by the suspect, who allegedly took advantage of her medical condition.

The horrifying crime happened while the mother-in-law—who is deaf and hard of hearing—was visiting her daughter.

The victim’s daughter, who happens to be the suspect’s wife, reported the event to the police when it happened. The matter has been reported to the authorities, who have initiated an inquiry.

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“Musharraf used the NAB for political agenda, dismissing the constitutional system.”

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A comprehensive 16-page written ruling on the government’s intra-court appeal concerning the nullification of the National Accountability Bureau (NAB) statute has been made public by the Supreme Court.

The verdict, which was written by Pakistan’s Chief Justice Qazi Faez Isa, reinstates the NAB changes and overturns the prior decision made by a two-member court.

The ruling explores the background of the NAB law, noting that it was passed by former army chief General Pervez Musharraf only 34 days after he had taken over via force. The court emphasised that Musharraf exploited the law to further his personal political goals and disregarded the democratic constitution.

The ruling mentions that Musharraf dismissed judges of the Supreme Court who disagreed with his unlawful acts.

Additionally, Justice Athar Minallah sent a message expressing his agreement with Chief Justice Isa’s decision. He emphasised that the Supreme Court Practice and Procedure Act did not accept the government’s appeal and that only appeals from parties who have been wronged are accepted.

He pronounced the previous ruling, which had annulled the NAB modifications, to be void and emphasised that judges and military personnel should not be free from NAB legislation.

The Supreme Court emphasised that there are clear functions for the legislative and judiciary under the Constitution, and they must take great care to avoid interfering with one another’s purview. It served as a reminder to both branches to carry out their constitutionally mandated tasks in service of the people. The judiciary—including the chief justice—is not the “gatekeeper” of parliament, the court emphasised once more.

As per the preamble draughted during the Musharraf administration, the court noted that the principal aim of the NAB law was to suppress corruption. Nonetheless, the court observed that it had been employed for political retaliation and manipulation, given that lawmakers who backed Musharraf were frequently found not guilty.

“The main purpose of the NAB law was political revenge from politicians or political engineering,” the decision noted.

It also mentioned the three noteworthy changes made to the NAB law:

June 22, 2022, saw the enactment of the first amendment.

On August 22, 2022, the second amendment was proposed.
“On May 29, 2023, the third amendment was ratified, following six hearings in which the court heard arguments opposing the NAB revisions.

Although the court did not go over the third amendment in any depth, it emphasised that laws should be preserved rather than being quickly overturned. It also made it clear that the interpretation that favours the legislation’s legality will prevail when two interpretations of the same statute exist.

The ruling stated that “the PTI founder’s petition and the old judgement of the Supreme Court were not according to the Constitution,” and it also stated that the court was not persuaded that the amendments were illegal in this particular case.

The PTI founder’s appeal was denied by the Supreme Court, which said it was not filed in a sincere effort. It further emphasised the fact that Imran Khan himself had proposed a large number of these changes.

needsIt was noted that the Practice and Procedure Act had been passed five months before the decision to change the NAB statute. Following that, the Supreme Court denied a request to establish a five-member bench to hear the petition challenging the modifications. A five-member bench needs to be assembled for the NAB amendments case, Justice Mansoor Ali Shah noted. The Supreme Court stated that the two-member bench would not have been able to hear or rule on the case against the NAB changes if Justice Shah had recused himself from the bench.

The Practice and Procedure Act hearings were postponed for 100 days and then resumed on September 18, 2023, according to the statement.

The court effectively reinstated the government’s earlier actions on the NAB statute when it stated in its closing remarks that the bill had been utilised for political objectives and that its amendments should remain.

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Google Makes The Decision To Boost Investments And Back The Government’s Youth Skills Training Initiative

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 Prime Minister Muhammad Shehbaz Sharif was visited in Islamabad by a four-person Google delegation led by Mr. Scott Beaumont, President of the APAC area.

Pakistan’s digital economy is about to undergo a revolutionary change, according to the prime minister, who greeted the team. Speaking on the government’s intentions to reach the goal of US$ 25 billion in exports over the next five years, the prime minister revealed that funding will be used for youth training, IT infrastructure upgrades, and regulatory environment enhancements. Pakistan’s economy is being fully digitalised, he remarked. In his attempts, he stressed the need of working together with a tech behemoth like Google.

The Prime Minister praised Google for pioneering projects that have dramatically enhanced the lives of thousands of Pakistanis in recent years, as well as for its involvement in propelling the country’s digital economy closer to reality. Noting with satisfaction that Google has helped Pakistani young land about a million jobs in 2023 alone, the Prime Minister emphasised that this is a testament to both Google’s dedication to upskilling and empowering Pakistan’s youth and Pakistan’s potential in the digital marketplace.

Informing the Prime Minister of its future involvement intentions, Mr. Scott stated that Google has made the decision to support the government’s youth skill-training initiatives and to expand its investment footprint in Pakistan. He went on to say that for a values-driven digital firm like Google, the growing economy and the sizeable youth population are crucial for optimising the economic benefits of technology. He restated that Pakistan’s IT industry will undergo a revolution when five lac Chromebooks are produced there by 2026.

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