Extension to military chiefs and trampling of courts: barrage of stupid legislations in Pakistan, will anybody reverse it?

[The Bald Eagle]

Following approval from the federal cabinet, Law Minister Azam Nazeer Tarar presented bills in the National Assembly to increase the number of judges in the Supreme Court and Islamabad High Court, which has been subsequently approved

Additionally, the National Assembly also approved a legislative amendment to extend the service tenure of all military chiefs from three to five years. The bill was tabled by Defence Minister Khawaja Asif.

This amendment will extend the tenure of the Chief of Army Staff and heads of other military branches to five years, standardizing service durations across all branches, reported Express News based on sources.

During a session of the National Assembly presided over by Speaker Ayaz Sadiq on Monday, Tarar introduced a motion to suspend the question hour before the resolution was passed by a majority vote.

Following this, he presented the Supreme Court Practice and Procedure Ordinance for parliamentary approval, proposing an increase in the number of Supreme Court judges to 34.

As the bill was introduced, the opposition erupted into chaos, raising slogans and protesting. Despite the disruption, the minister briefed the assembly on the provisions of the bill, highlighting the backlog of thousands of pending cases at the Supreme Court's registry, which necessitates the increase in judicial capacity

Additionally, Tarar introduced the Islamabad High Court Amendment Bill 2024, explaining that the number of judges in the High Court would be raised from nine to 12. This legislative move aims to address the growing demand for judicial resources and enhance the efficiency of the legal system in Pakistan.

The amendment bill proposes significant changes, including a provision allowing appeals against decisions made by constitutional benches under Article 184(3) to be heard by a larger constitutional bench within 30 days, if possible. This amendment applies retroactively to cases before the 26th Constitutional Amendment.

Further additions, including Sections 7-A and 7-B, mandate that cases will follow a "first-in, first-out" basis for hearings. Another key change requires that proceedings for every case, matter, or appeal in the Supreme Court be officially recorded, with transcripts available to the public upon request.

The amendment specifies that court proceedings will be recorded, and official copies will be accessible to the public for a nominal fee of Rs50 per page. Verified copies of these records can be used for legal purposes, thereby increasing transparency in judicial processes.

Meanwhile, Asif presented amendments to the Pakistan Army, Navy, and Air Force Acts, which were passed by majority vote amidst intense protests from opposition members.

During the voting session, opposition members disrupted proceedings, chanting slogans, surrounding the Speaker’s dais, and tearing copies of the bill in protest. The uproar escalated, with some members engaging in physical altercations.

Immediately after the law minister and the defence minister presented the bills, the National Assembly proceeded with voting despite ongoing noisy protests from the opposition and approved the amendments.

These legislative moves reflect the government’s focus on judicial reform and the standardisation of military leadership tenures, addressing institutional demands and fostering continuity. The proposed amendments now await Parliamentary approval.

Source: The Express Tribune

 

[The Bald Eagle]

Crux of stupid legislations today:

1. Army Chief gets 2 years extension ( term served amended from 3 to 5 years)
2. SC judges number doubled so basically a new SC established to be named as Constitutional Court
3. Islamabad High Court judges number increased from 9 to 12 so meddling easy now.
4. Anybody could be arrested for 90 days on suspicion of terrorism
5. Judges committee to include constitutional bench head as third member so Justice Munib Akhtar no longer again part of it.

 

[The Bald Eagle]

Govt rushes bills in senate after NA on strength of Supreme Court judges, 5-year term of armed forces’ chiefs

The National Assembly on Monday passed six bills, including one seeking an increase in the number of Supreme Court judges and another related to the extension of the terms of armed services chiefs, amid deafening protest by the opposition.

The six bills passed by NA

The Supreme Court Number of Judges (Amendment) Bill, 2024
The Supreme Court Practice and Procedure (Amendment) Bill, 2024
The Islamabad High Court (Amendment) bill, 2024
The Pakistan Army (Amendment) Bill, 2024
The Pakistan Air Force (Amendment) Bill, 2024
The Pakistan Navy (Amendment) Bill, 2024
The first bill, related to the increase in the number of top court judges, was presented by Law Minister Azam Nazeer Tarar, who said that the government had proposed increasing the number of judges from 17 to 34.

“This amendment will increase the number of judges in the Supreme Court up to 34, so that the backlog of cases can be cleared, and that after the 26th Amendment, we can have judges to form the constitutional benches,” Tarar said.

Source: Dawn News

 

[FearlessRoar]

Cat is out of the bag now. Everything is crystal clear. Challenging time ahead

 

[Cricket Warrior]

Cat is out of the bag now. Everything is crystal clear. Challenging time ahead

cat is out of the bag and is in London these days lol

 

[adi_62941]

Not defending these ammendments but Pakistan desperately needs overall political and economic stability which can build the confidence of local and international investors. Without investment and big projects, this country cannot survive.

Army is just making use of these conditions and they have always taken. Imran khan can get something out of it (hopefully). Nobody can win by sitting in a jail in Pakistan. He has to come out and serve as opposition. Continue the political process. This country will remain same irrespective of who is PM and who is governing party, they will always be the puppets of Army either its Shehbaz, Nawaz or Imran is in power.

 

[Reddy]

General Asim Munir is set for a long time now, Two terms of 5 years is the new rule. I do not have a problem with him bringing stability to Pakistan but he has increased cross border terrorist infiltration a lot in the past few months, this will again lead to instability between India and Pakistan which was quiet and stable since last 2-3 years.

 

[The Bald Eagle]

Defence Minister Khawaja Asif said that Army Chief General Asim Munir will serve until 2027 following the recent approval of amendments to the Army Act

Asif highlighted that this legislative change would benefit democratic governments by setting fixed terms and eliminating the need for parliamentary approval for extensions.

Speaking with a private television channel, Asif confirmed that General Munir’s role as the country’s army chief will continue uninterrupted until 2027.

"Previously, several army chiefs were granted extensions, which required parliamentary endorsement," he explained, noting that the new amendment effectively closes this chapter on term extensions.

When asked about rumours of any deal involving the founder of Pakistan Tehreek-e-Insaf (PTI), Asif dismissed them, stating, “I’ve only heard it from you.”

He added that Pakistan’s future progress depends on self-improvement, steering the conversation toward broader governance reforms.

Asif declined to comment on matters concerning Bushra Bibi, the spouse of the PTI founder, saying only, “I have no comment on her whereabouts or activities.”

The amendment to the Army Act, which solidifies the terms for top military roles, aims to bring continuity and stability to Pakistan’s governance by reducing dependency on ad-hoc tenure extensions.

Parliament passes key bills on SC expansion, military chiefs’ tenure extension

The National Assembly on Monday approved a legislative amendment to extend the tenures of all armed services chiefs from three to five years. Hours later, the Senate approved the same set of bills, sending them to President Asif Ali Zardari for final approval.

Defence Minister Khawaja Asif presented amendments to the Pakistan Army, Navy, and Air Force Acts, which were passed by majority vote amidst intense protests from opposition members. This amendment will extend the tenure of all military chiefs from three to five years.

The proposed changes will align the retirement and reappointment regulations across the armed forces, giving the president authority, upon the prime minister’s advice, to appoint, reappoint, or extend terms for these positions for up to five years.

The amendments remove previous age limits and extend tenure options, enabling the Chief of Army Staff and other military leaders to continue serving as generals beyond the earlier prescribed 64 years, should national security or critical needs arise.

Moreover, Law Minister Azam Nazeer Tarar also presented proposals to increase the number of judges in the Supreme Court and Islamabad High Court, which were subsequently approved by the House.

Tarar presented the the Supreme Court Number of Judges (Amendment) Bill 2024 for parliamentary approval, proposing an increase in the number of Supreme Court judges to 34. As the bill was introduced, the opposition erupted into chaos, raising slogans and protesting.

Additionally, the law minister introduced the Islamabad High Court Amendment Bill 2024, explaining that the number of judges in the High Court would be raised from nine to 12.

The changes also include amendments to the Supreme Court (Practice and Procedure) Act, 2023, to incorporate constitutional benches, expanding the scope and composition of judicial panels.

Proposed additions to Article 191A of the Constitution will enable these benches to address constitutional matters, with an administrative committee of senior judges responsible for allocating cases to either the Supreme Court or constitutional benches.

Despite the disruption, the minister briefed the assembly on the provisions of the bills, highlighting the backlog of thousands of pending cases at the Supreme Court's registry, which necessitates the increase in judicial capacity.

Tarar highlighted the need for additional judges to manage case backlogs and facilitate the formation of constitutional benches.

He noted that various bar associations, including the Supreme Court Bar Association (SCBA), had advocated for this increase to expedite cases across Pakistan's judicial centers in Karachi, Quetta, Peshawar, and Lahore.

Immediately after the law minister and the defence minister presented the bills, the National Assembly proceeded with voting despite ongoing noisy protests from the opposition and approved the amendments.

During the voting session, opposition members disrupted proceedings, chanting slogans, surrounding the Speaker’s dais, and tearing copies of the bill in protest. The uproar escalated, with some members engaging in physical altercations.

These legislative moves reflect the government’s focus on judicial reform and the standardisation of military leadership tenures, addressing institutional demands and fostering continuity.

Source: The Express Tribune

 

[The Bald Eagle]

Just drama, no declaration against it in Sawabi today
====
Omar assails extension of army chief’s tenure

The opposition leader in National Assembly Omar Ayub Khan lambasted the ruling coalition on Tuesday for extending the service tenure of the army chief, alleging: “it has ruined the careers of many brilliant army officers.”

Speaking on a point of order in National Assembly, Ayub, who had been barred by NA Speaker Sardar Ayaz Sadiq the other day from speaking on the “controversial bills”, he claimed that the opposition members were not allowed to speak on the bills as “the incumbent regime had to follow the orders from its handlers”.

The remarks from the opposition leader come after parliament passed six bills including The Supreme Court Number of Judges (Amendment) Bill, 2024, the Supreme Court (Practice and Procedure) (Amendment) Bill, 2024, and Pakistan Army Amendment Bill, 2024, with the majority vote amid opposition’s strong protest.

Ayub criticised the passage of six bills and branded the coalition government as a “regime of thieves”, triggering a ruckus in the house.

He argued that the bills should have been discussed in the standing committees first, adding the prime minister and his party members had to ensure their presence in the house the other day as a “big stick” hung over their heads to get the bills passed.

“As these people did the job (passed the bills) under duress, and today the force has been removed, and the house is empty,” he regretted.

“They keep talking about May 9, showing students the damage at Jinnah House. We will also show the students of Khyber Pakhtunkhwa the destruction caused by federal forces at KP House. We will show our youth how one province was attacked,” he added.

“The people are suffering from inflation, yet the government is focused on passing bill after bill. This is not a government, but a regime and a mafia. They are afraid of a person sitting in jail,” he alleged.

“When our government was in power, GDP (gross domestic product) was at six per cent. Come, take a camera and walk through the markets, ask the public if inflation has decreased. You can even ask the security guard standing next to you if inflation has gone down,” he added.

“Sardar Akhtar Mengal stepped down as member of National Assembly, but not a single ear seemed to listen him,” he lamented.

Source: Business Standard

 

[JaDed]

General Asim Munir is set for a long time now, Two terms of 5 years is the new rule. I do not have a problem with him bringing stability to Pakistan but he has increased cross border terrorist infiltration a lot in the past few months, this will again lead to instability between India and Pakistan which was quiet and stable since last 2-3 years.

Yeah seems like it.

 

[FearlessRoar]

SC dismisses govt plea seeking permission for military courts to announce verdicts

The Supreme Court on Monday dismissed the government's petition seeking to allow military courts to announce case verdicts.

"Giving permission would mean recognising the authority of military courts," remarked Justice Musarrat Hilali who was part of the apex court's seven-member constitutional bench.

Headed by Justice Amin-Ud-Din Khan, the bench also includes Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan, and Justice Shahid Bilal Hassan.

Furthermore, the court today also threw out former chief justice Jawwad S Khawaja's petition seeking the postponement of the hearings of cases relating to the trial of civilians in military courts till the 26th Constitutional Amendment issue was decided.

The court also slapped a fine of Rs20,000 on the former chief justice.

Justice Ayesha A Malik was not part of the bench as the Constitutional Committee observed that since the judge was a member of the earlier bench whose judgment was under challenge, therefore, she could not sit on the constitutional bench for those appeals.

During the hearing today, the court questioned Khawaja's counsel, asking: "Do you recognise the constitutional bench?"

In response, the counsel said: "I do not accept the jurisdiction of the constitutional bench."

Justice Mandokhail, addressing this remark, said: "Then you may leave the courtroom."

The counsel further asserted that the current constitutional bench was nominated by the Judicial Commission.

At this, Justice Mandokhail inquired whether the 26th Constitutional Amendment had been invalidated? He was joined by Justice Mazhar, who observed: "You are employing delaying tactics. At every hearing, some new request emerges."

"If the 26th Amendment is annulled, judicial decisions will be safeguarded. Even those detained under military courts desire this outcome," added Justice Mazhar.

The bench then called Hafeezullah Niazi to the rostrum. Justice Mandokhail asked him: "Do you wish to proceed with this case?" Niazi affirmed: "Yes, I want to proceed."

Addressing him further, Justice Musarrat Hilali asked him to consider those languishing in jails; you lack the legal standing to pursue this case. Justice Mandokhail added: "You are delaying proceedings because no loved one of yours is in custody."

Justice Mandokhail clarified that the SC was functioning under the constitutional amendment.

He explained: "All benches are being formed under the new amendment, and even the case concerning the amendment will be heard by a bench constituted under it."

Furthermore, Pakistan Tehreek-e-Insaf (PTI) leader Salman Akram Raja, who is a lawyer by profession, told the bench that he also had objections to certain parts of the judgment authored by Justice Munib Akhtar and would present his arguments on the matter.

Justice Rizvi inquired how the trial of those involved in the Army Public School attack had been conducted.

In response, Defence Ministry counsel Khawaja Haris explained that the trial was conducted following the 21st Constitutional Amendment.

Justice Mandokhail added that at the time, a constitutional amendment had been made to allow military courts to try civilians.

The court dismissed Hafeezullah Niazi’s request to transfer the accused to jail.

The additional attorney general argued that the trials in military courts had been completed and sought permission to announce the verdicts.

However, Justice Hilali said that this could not be allowed, as doing so would effectively resolve the question of military courts’ jurisdiction over civilian trials.

SC dismisses govt plea seeking permission for military courts to announce verdicts

Judicial decisions to be safeguarded if 26th amendment is annulled.SC functioning under constitutional amendment: Justice Mandokhail.Seven-member fines petitioner and ex-CJP Jawwad S Khawaja.ISLAMABAD: The Supreme Court on Monday...

www.geo.tv

 

[FearlessRoar]

Constitutional Bench clears military courts to rule on 85 civilian cases​

The Constitutional Bench (CB) of the Supreme Court (SC) has permitted military courts to announce verdicts for 85 accused civilians but made their rulings conditional on the outcome of an ongoing constitutional case.

The bench, headed by Justice Aminuddin Khan, heard intra-court appeals challenging the decisions of military courts. The bench also comprised Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Syed Hasan Azhar Rizvi, Naeem Akhtar Afghan, Musarrat Hilali, and Shahid Bilal Hassan, Express News reported on Friday.

At the outset of the hearing, Justice Aminuddin Khan stated that only the military court case will be heard today.

Justice Jamal Khan Mandokhail raised a key question, asking, "Can amendments to the Army Act bring every individual under its purview?"

The hearing also touched upon the historical context of the Army Act, which predates Pakistan's 1973 Constitution.

Justice Muhammad Ali Mazhar asked for clarity on the reasons cited in prior judicial rulings invalidating sections of the Act.

"Judicial integrity must be respected": Justice Mandokhail

During arguments, Khawaja Haris, representing the Ministry of Defence, highlighted flaws in prior top court rulings.

Justice Mandokhail warned against undermining judicial authority, stating, “Do not demean judicial decisions to the extent of calling them flawed.”

Haris promptly apologised for his phrasing.

Justice Mazhar reiterated the need for detailed information on the May 9 incidents, which include the alleged ransacking of the Corps Commander’s house.

“If the case is restricted to this event, make it clear,” he demanded.

Additional Attorney General (AAG) provided fresh details, which were received earlier in the day, pledging to submit them formally in a miscellaneous petition.

Rights under the Army Act debated

The CB debated the implications of voided Army Act provisions.

Justice Musarrat Hilali asked about trials conducted under invalidated sections prior to May 9.

Haris argued that decisions under such provisions are typically protected.

Justice Hilali disagreed, calling it "discriminatory" against other defendants.

Justice Mandokhail stressed that individuals voluntarily joining the army understand they are subject to its rules, which prioritize discipline over fundamental rights.

“The Army Act was designed for military governance, not general public trials," he said.

The Apex Court ruled that those eligible for leniency must be released, while others should remain incarcerated.

Verdicts will proceed, but their implementation hinges on the SC’s pending decision.

Justice Aminuddin Khan expressed optimism that the case would conclude by January, paving the way for hearings on other critical matters, including challenges to the 26th Constitutional Amendment.

The bench adjourned the hearing until after the winter recess.

Constitutional Bench clears military courts to rule on 85 civilian cases | The Express Tribune

The bench, led by Justice Aminuddin Khan, ruled that verdicts will be conditional on an ongoing constitutional case

tribune.com.pk

 

[FearlessRoar]

SC’s interim order on military trial for civilians may impact future decisions: PTI’s Zafar​

An interim order from the Supreme Court’s constitutional bench that allowed conditionally military trial for 85 civilians who were still in custody for their alleged involvement in last year’s May 9 riots might impact future decisions, PTI leader Ali Zafar said.

“I think constitutional bench should not have passed the interim order because our jurisprudence says that don’t make such decisions which can impact the final decision,” he said while appearing on Rubaroo which was aired on Aaj News on Saturday.

“Since the court has to decide whether the military trial can be conducted or not. So this interim order which allowed the military court to pronounce punishment can affect that,” he added.

On Friday, a seven-judge bench resumed hearing a case pertaining to the trial of more than 100 civilians for their alleged role in attacks on army installations during the riots that followed ex-premier Imran Khan’s arrest on May 9, 2023.

The bench — comprising Justice Aminuddin, Justices Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, Musarrat Hilali, and Shahid Bilal Hassan — specified that the verdicts of the military courts would be subject to its final decision on the appeals against the Oct 23, 2023 ruling.

“Suspects who can be accorded concessions in their sentences, should be given so and released,” Justice Aminuddin Khan, who is heading the constitutional bench, said.

Zafar, a lawyer himself, substantiated his argument by saying that the decision would affect the people who would be punished by the military court if the SC overturned its interim order.

“It was better not to issue the interim. The court should have conducted day-to-day hearing, it would have taken three to four days to give final decision then it could have given final decision,” he said.

The PTI leader mentioned a sentence from the order that for him was not clear. “I saw a sentence in the order that this order is passed by agreement of parties. If yes, then you cannot blame court, and if not and you still passed the order, I think it was not appropriate.”

SC’s interim order on military trial for civilians may impact future decisions: PTI’s Zafar

Calls for confidence-building measures before talks

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