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Use and Misuse of Charter of Democracy

Qamar Bashir

Qamar Bashir

One of the biggest flaws in most Muslim societies, especially in Pakistan, is the selective and self-serving interpretation of Quranic injunctions, teachings, Sunnah, and Hadith. We have developed a habit of choosing verses from the Holy Quran and quoting Hadiths and Sunnah to suit specific occasions and events, only to forget them once those events are over. We tend to recite Quranic verses that align with our narrative and then disregard them once our objectives are achieved.

It doesn’t take a rocket scientist to understand that any system, way of life, political philosophy, agreement, or charter must be implemented fully and comprehensively; selective application defeats the very purpose of any agreement or charter.

Therefore, the impact of using Quranic verses, Hadith, or Sunnah will only have the intended effect when the entire Islamic System of Shariah is practiced in both letter and spirit. Selective use, outside the context of the Shariah system or a holistic Islamic framework, is counterproductive and detrimental to any society.

This selective approach may explain why not a single Islamic country, or even all Islamic countries collectively, has the courage, means, or resolve to leverage their power to put an end to the Israel’s genocide of Muslims in Palestine, Lebanon, or elsewhere, despite being surrounded by Muslim-majority countries.

Our selective use of Quranic verses and other religious authorities has also permeated our political ecosystem. All allied political parties are fully prepared and committed to bringing about constitutional changes to establish Constitutional Courts, arguing that the Charter of Democracy (CoD), signed on May 14, 2006, by the leaders of all political parties, including Pakistan’s two major political parties—the Pakistan Peoples Party (PPP), led by Benazir Bhutto, and the Pakistan Muslim League-Nawaz (PML-N), led by Nawaz Sharif—promised to do so.

Forgetting that the main thrust of the CoD was not the formation of a constitutional court but to allow democracy to flourish, enable democratic forces to take deep roots, end military intervention, ensure free and fair elections, uphold judicial independence, and above all, guarantee the supremacy of the Constitution while working towards a parliamentary system with checks and balances to prevent military interference in politics.

The most important and foremost point was a pledge to end military involvement in politics and curb the influence of intelligence agencies in civilian matters, ensuring that the armed forces remain subordinate to civilian authorities. This included abolishing the National Security Council (NSC), which had allowed military leaders to influence national security and foreign policy matters. The agreement emphasized ending the political role of intelligence agencies like the ISI and MI, ensuring that they operate strictly within their defined mandates.

The second and third most important points were ensuring an independent judiciary by reinstating judges who were removed unconstitutionally and making the process of judicial appointments more transparent, as well as ensuring free, fair, and transparent elections, with an independent and autonomous Election Commission to oversee the electoral process.

The third, fourth, and fifth important elements of the CoD called for strengthening the parliamentary system, empowering the parliament, and making the prime minister the chief executive, thereby reducing the power of the president. This was coupled with establishing a fair and transparent accountability mechanism to tackle corruption without political victimization, ensuring that accountability institutions operate independently, and a commitment to good governance, devolution of powers, reforms in public institutions, and respect for human rights, freedom of the press, and the rule of law.

The Charter of Democracy (CoD)  also proposed the establishment of a Federal Constitutional Court in Pakistan to handle constitutional matters exclusively, ensuring the Supreme Court could focus on other judicial responsibilities. This court would comprise experienced judges who had previously served as chief justices or judges of the Supreme Court or High Courts, ensuring expertise in constitutional interpretation. The CoD emphasized a transparent and merit-based appointment process for these judges to maintain independence and prevent political interference. The aim was to strengthen judicial independence, uphold the Constitution’s supremacy, and create an impartial forum for constitutional issues, reflecting the broader goals of ensuring democratic values and a fair judicial system in Pakistan.

Finally, the signatory parties agreed to respect each other’s political mandate, avoid political victimization, and work together for the country’s democratic and economic development.

However, all sections of CoD have been trampled, disregarded, overlooked, and set aside, while only the part calling for the establishment of a Federal Constitutional Court has been selectively picked up and used as one of the most powerful arguments in favor of constitutional amendments. If these amendments are passed, they would defeat the main objectives of the CoD by selectively pushing for the establishment of the Constitutional Court, and re-endorsing the establishment’s role in politics, the executive, parliament, and the judiciary.

The Charter of Democracy (CoD) could have played a significant role in shaping Pakistan’s political landscape if it had been applied in a holistic manner. In its proper application CoD could have served as a roadmap for restoring democratic norms, particularly after military rule, by emphasizing the need for free and fair elections, an independent judiciary, and parliamentary supremacy.

It could have  played a crucial role in curbing military interference in politics, reinforcing judicial independence and encouraging reforms and accountability mechanisms to promote good governance and transparency.

However, the CoD has also been subject to misuse, often diverging from its original intent. Political actors have selectively implemented its provisions to suit their immediate interests, ignoring key aspects such as reducing military influence and ensuring transparent elections.

Recently, parties have used the CoD’s call for a Federal Constitutional Court to justify constitutional amendments that undermine judicial independence, contrary to the CoD’s broader objectives. This selective approach has also reinforced political vendettas, marginalized parliamentary supremacy, and failed to establish truly independent accountability mechanisms, ultimately undermining the CoD’s vision of democratic stability, fair governance, and constitutional supremacy. This pattern reflects a tendency among political parties to prioritize short-term gains over the long-term goals of the CoD.

Qamar Bashir

Former Press Secretary to the President

Former Press Minister to the Embassy of Pakistan to France

Former MD, SRBC, CEO, ATV

President Zardari expresses condolence with DPM Dar

President Zardari expresses condolence with DPM Dar

ISLAMABAD, Sep 30 (APP) President Asif Ali Zardari on Monday visited the residence of Deputy Prime Minister and Foreign Minister Senator Mohammad Ishaq Dar to offer condolence on the death of his elder brother.

The president offered Fateha for the departed soul and expressed his deep grief, President Secretariat Press Wing said in a press release.

He also prayed for the high ranks of the departed soul and for the bereaved family to bear the loss with fortitude. On the occasion, Speaker National Assembly Sardar Ayaz Sadiq and Minister for Interior Syed Mohsin Naqvi accompanied the president.

CPO holds open court to address citizens’ complaints

CPO holds open court to address citizens’ complaints

RAWALPINDI, SEP 30 (DNA) — City Police Officer (CPO) Syed Khalid Mehmood Hamdani held an open court to address citizens complaints here on Monday, informed police spokesman. The senior police officials including SSP investigation, SDPOs, and SHOs were present on the occassion.

During the open court at Airport police station, CPO Hamdani listened to various complaints and promptly issued orders for the concerned officers to take action.  The CPO further directed the concerned officers to take legal action and report on the marked applications within the given time frame.

He emphasized the importance of addressing citizens’ issues at the police station level, following the guidelines set by Inspector General of Police Punjab, Dr. Usman Anwar. CPO Hamdani reiterated a commitment to excellent service delivery, stating that there would be zero tolerance for any delays in addressing complaints.

He highlighted that, in line with the Chief Minister of Punjab’s vision, timely and effective resolution of issues raised by citizens remained a top priority. —DNA

Serena Hotels, Canadian High Commission co-host event on indigenous empowerment and climate resilience

Serena Hotels, Canadian High Commission co-host event on indigenous empowerment and climate resilience

ISLAMABAD, SEP 30 /DNA/ – A high-level strategic dialogue called “Strengthening Indigenous Communities: Empowerment through Climate Action, Inclusion, and Gender Parity” took place today at the Islamabad Serena Hotel. Co-hosted by Serena Hotels and the High Commission of Canada, the event brought together prominent speakers, including H.E. Leslie Scanlon, Canadian High Commissioner to Pakistan; Aziz Boolani, CEO of Serena Hotels and Chairman of the Aga Khan Rural Support Programme (AKRSP); Sardar Ramesh Singh Arora, Minister for Minorities Affairs, Government of Punjab; and key leaders from civil society organizations working to support socio-economic inclusion and empowerment of local communities and marginalised groups in Pakistan.

Canada, at home and around the world, is working to advance reconciliation and promote engagement with Indigenous Peoples, based on recognition of rights, respect, cooperation, and partnership. It involves listening to, learning from, and working in partnership with First Nations, Inuit and Métis peoples in Canada, as well as with local communities around the world, to address the unique challenges that these communities face.

Reflecting on the significance of the event, Canadian High Commissioner Scanlon remarked, “On this day of Canada’s National Truth and Reconciliation, the dialogue was an opportunity for us to amplify the voices of Indigenous and marginalized communities, as well as leaders, here in Pakistan. Canada is built on the ancestral lands of First Nations, Inuit, and Métis peoples, and as we continue our reconciliation journey we are committed to applying a reconciliation lens across our diplomacy and global advocacy efforts. Whether it’s promoting socio-economic inclusion, empowering youth, women, and girls in all their diversity, or supporting climate resilience for those on the frontlines of the climate crisis, we are committed to working with Pakistan to help build a sustainable, resilient, and equitable future. Today’s dialogue, with the participation of Pakistani leaders who are working to support local communities, highlighted the importance of collective policies, actions, and partnerships to support local communities’ unique needs.”

Speaking at the event, Mr. Aziz Boolani, CEO of Serena Hotels, emphasized, “At Serena Hotels, we believe that sustainability is not just an agenda, but a responsibility. By supporting indigenous communities, we can amplify their voices and experiences in shaping policies and solutions for climate resilience. Today’s dialogue underlines our commitment to advancing inclusive growth and ensuring that the impacts of climate change are addressed with the unique needs of these communities in mind.”

Serena Hotels, through its Public Diplomacy initiative, has long been committed to fostering meaningful dialogues on pressing global issues, with a particular focus on climate action, social inclusion, and the empowerment of marginalized communities. This event was reflective ofSerena’s dedication to addressing the profound impact of climate change on indigenous communities, who are often on the frontlines of environmental challenges. By bringing together leaders, policymakers, and civil society, Serena Hotels & the High Commission of Canada aimed to contribute to a broader understanding of the interconnectedness of climate resilience and socio-economic inclusion, ensuring that no community is left behind in the face of global environmental shifts.

2024 Violence-Linked Fatalities Overtake Full-Year 2023 In Just Nine Months

2024 Violence-Linked Fatalities Overtake Full-Year 2023 In Just Nine Months

BY CENTER FOR RESEARCH AND SECURITY STUDIES (CRSS)


The third quarter of 2024 saw a sharp increase in fatalities of terrorist violence and counter-terrorism campaigns,with a 90% surge in violence. A total of 722 people were killed, including civilians, security personnel, and outlaws, while 615 others were wounded in as many as 328 incidents recorded during the period under review. Nearly 97% of these fatalities occurred in Khyber Pakhtunkhwa (KP) and Balochistan- marking the highest percentage in a decade, and over 92% of these incidents of terror attacks and security forces’ operations were recorded in the same provinces.
The total fatalities from three quarters of this year have now surpassed the total fatalities recorded for the entire 2023; the number of fatalities rose to at least 1534 in the first three quarters compared to 1523 in 2023.
Despite the security forces’ continued anti-terror campaign – on the average at least 112 intelligence-based operations daily (as claimed by ISPR chief Maj General Ahmed Sharif, July22), the state writ over vast swaths of Balochistan and Khyber Pakhtunkhwa has considerably deteriorated – evidenced in the staggering numbers of victims – both security and non-security Pakistanis.
Open outrage by political leaders, people at large and even police – particularly in Lakki Marwat, Bannu, and Swat – against the growing incidence of target-killings and the helplessness of the civilian law-enforcement – also underscores the aggravating security situation, with police increasingly expressing distrust in the military’s control of anti-terror operations. This has invariably eroded the state authority and widened the wedge between the public and the security apparatus.
Meanwhile, terrorist groups continue to reorganize and beef up their ranks. Unverified reports indicate that the number of militant groups aligned with the banned Tehrik-i-Taliban Pakistan (TTP) has swelled to 60, with the latest addition being members of the Naeem Bukhari group from Lashkar-e-Jhangvi, based in Karachi .
Most of the terror attacks remained unclaimed by terrorist or insurgent groups, likely for tactical reasons. However, some groups did take responsibility for some incidents, including the Balochistan Liberation Army (BLA), United Baloch Army (UBA), Tehrik-i-Taliban Pakistan (TTP), and the Gul Bahadur Group. The Iran-based militant group Jaishul-Adl is also suspected of involvement in the killing of five Afghan nationals, whose dead bodies were discovered hanging from electric poles in the Chagai district. Additionally, both Daesh (Islamic State) and its regional affiliate, Islamic State Pakistan Province (ISPP), claimed responsibility for one attack each.

While Punjab and Sindh witnessed a decline in attacks and fatalities, violence in KP and Balochistan surged dramatically, recording a 77% and 159% respective increase in violence. The ongoing anti-terror operations seem to have had minimal impact on the relentless wave of violence if judged by data i.e.90% surge in overall violence between Q2 and Q3, 2024 (with 722 fatalities recorded in Q3and 380 in Q2, 2024).
The worsening security crisis – with the Pakistan military still in charge of most of the security in the newly-merged districts (former Federally Administered Tribal Areas -FATA) prompted Awami National Party (ANP) Central President Aimal Wali Khan to issue a stark warning, claiming that nearly half of KP is now outside the effective control of the police .

In the third quarter, civilians bore the brunt of the violence, followed by security personnel and government officials – accounting for 66% of the total fatalities, with their fatal losses combined, while militant and insurgent deaths made up only 34%. The proportion of attacks targeting civilians, security personnel, and government officials was significantly higher, representing 82% of the total, compared to just 18% resulting from security operations against outlaws. This growing disparity between terrorist attacks and counterterrorism efforts has been a persistent trend, and this quarter was no exception.

In general, the third quarter was marked by an uptick in militant and insurgent fatalities. The sharp rise in civilian and security personnel’s fatalities, nevertheless trumped the losses of outlaws, which denotes an alarming trend in how civilians are once again the target of terrorist groups. Compared to last quarter, the fatalities of civilians and security officials increased by over 100% in this quarter.

The targeting of non-Baloch workers has emerged as a disturbing new trend in militant violence across the country. A total of 38 workers – employed in construction, embroidery, coal mining, and hairdressing – became victims of attacks. The majority of these workers hailed from Punjab, with the exception of three individuals: a Sindhi businessman and two laborers stationed at a Frontier Corps (FC) check post in South Waziristan. Except for the two laborers, all victims were executed in Balochistan.

In one incident alone, as many as 23 workers traveling from Punjab to Balochistan were pulled out from their busses by terrorists in Musakhel and executed them on the spot after ascertaining their Punjabi origins. The Balochistan Liberation Army (BLA) claimed responsibility for this atrocity. Musakhel District, located on the northeastern border of Balochistan and adjacent to KP and Dera Ghazi Khan in Punjab, is a Pashto-speaking region, with 86% of its population speaking Pashto. As a mark of intensified terrorist violence, this was the first time Baloch separatists conducted a deadly operation in a predominantly Pashto-speaking area.

In response to the massacre, the Pakistan Army launched a search operation and claimed to have eliminated about 21 insurgents. However, the clash also led to the martyrdom of 14 soldiers [1].

BLA carried out a suicide attack on an army camp in Lasbela, Balochistan, on August 27, 2024. Notably, one of the suicide bombers was a woman, Mahal Baloch – also known as Zalan Kurd. In a surprising development, a Kurdish organization in Syria, operating in a region under Kurdish control, dedicated its newly inaugurated women’s empowerment center to Mahal Baloch, honoring her as a symbol of defiance[2].

This also suggests a possible nexus among groups which constitute a chain of proxy terrorist groups operating in different regions with the sole objective of destabilisation through indiscriminate terrorist activities.

The sectarian violence in Kurram District was the deadliest incident this quarter, claiming over 100 lives and leaving 143 wounded. The conflict was initially sparked by a land dispute between the Turi (Shia) and Bangash (Sunni) tribes, but the involvement of Tehrik-i-Taliban Pakistan (TTP) militants escalated the situation further.

This also shows how proxy terrorists jump in to exploit internal fault-lines such as shia-sunni conflict.

In addition to the clashes in Kurram, sectarian violence continued to spread elsewhere too. An Ahmadi doctor was gunned down in Alipur village near Lalamusa, Punjab, while Zakir Hussain Baloch, the deputy commissioner of Panjgur, was assassinated in Mastung while en route to Panjgur. The All Pakistan Muslim Zikri Anjuman condemned the killing of Zakir Hussain Baloch and called for swift justice to be served on those responsible[3].

Malaysian PM Dato’ Seri Anwar Ibrahim to visit Pakistan from Oct 2

Malaysian PM Dato' Seri Anwar Ibrahim to visit Pakistan from Oct 2

ISLAMABAD, SEP 30 /DNA/ – At the invitation of Prime Minister Muhammad Shehbaz Sharif, Prime Minister Dato’ Seri Anwar Ibrahim of Malaysia will undertake an official visit to Pakistan from 2-4 October 2024. He will be accompanied by a high-level delegation comprising Ministers, Deputy Ministers and senior officials.

Prime Minister Dato’ Seri Anwar Ibrahim will hold meetings with Prime Minister Muhammad Shehbaz Sharif. The two sides will discuss a wide-ranging agenda to further strengthen Pakistan-Malaysia ties in diverse fields including trade, connectivity, energy, agriculture, halal industry, tourism, cultural exchanges and people-to-people contacts. They will also discuss regional and global developments.

Pakistan and Malaysia enjoy strong bilateral ties anchored in history, culture and faith. This visit provides an important opportunity to further strengthen Pakistan-Malaysia relations.

Pakistan Embassy in Beijing observes Defence and Martyrs Day

Pakistan Embassy in Beijing observes Defence and Martyrs Day

BEIJING, SEP 30 /DNA/ – Today, the Embassy of Pakistan in Beijing commemorated Defence and Martyrs Day with a solemn ceremony, honoring the bravery and sacrifices of the Pakistan Armed Forces.
The event was attended by a large number of distinguished guests including senior Chinese civil and military officials, members of the diplomatic corps, Defense Attaches, media, members of Pakistani community and officers of the Embassy. Air Marshal Jia Zhigang, Deputy Commander Peoples Liberation Army (Air Force) of China graced the occasion as Chief Guest.

​The ceremony began with playing of the national anthem, followed by a moment of silence to pay homage to the martyrs who laid down their lives in defense of Pakistan.

Addressing the ceremony , Ambassador of Pakistan to China, H.E Khalil Hashmi , while highlighting the salience of Defence Day, paid rich tributes to the valor, resolve and ultimate sacrifices made by members of the Pakistan Armed Forces in defence of our homeland.

Ambassador Khalil Hashmi also underscored the strong bond between Pakistan and China, emphasizing the deep-rooted partnership and cooperation in the field of defence between the two countries. He underlined that Pakistan highly values its strong ties with China and remains committed to further deepening them to advance the shared goals of peace and security in the region.
The ceremony also featured a presentation on the historic events of the 1965 war, including acts of heroism displayed by Pakistan’s armed forces. A short video highlighting the modern achievements of the military and its role in disaster relief, peacekeeping missions, and contributions to regional stability was screened.

OGRA publishes October 2024 LPG price notification: Rs. 7.31 per kg rise

OGRA publishes October 2024 LPG price notification: Rs. 7.31 per kg rise

ISLAMABAD, SEP 30 /DNA/ – The Oil and Gas Regulatory Authority (OGRA) has notified the maximum Price of LPG, effective October 01 2024, as under;

Notified LPG Producer prices Rs. / Ton Rs / 11.8 kg Cylinder
October -2024  ( w.e.f  01-10-2024)    210,003.792,478.04
September -2024     202,691.772,391.76
Increase / (Decrease)       7,312.0486.28
   
Notified LPG Consumer prices Rs. / Ton Rs / 11.8 kg Cylinder
October -2024  ( w.e.f  01-10-2024)    251,303.792,965.38
September -2024     243,991.772,879.10
Increase / (Decrease)       7,312.04              86.28

2.  The LPG price Notification for the month of October 2024 is readily available at OGRA website www.ogra.org.pk.

3. The LPG producer price is linked with Saudi Aramco-CP and US$ dollar exchange rate. As compared to previous month Saudi Aramco-CP has increased by 3.84%. The average Dollar exchange rate has slightly decreased by 0.125% resulting to increase in LPG consumer price by Rs.86.28/11.8 kg cylinder (2.99%). The per Kg increase in LPG consumer price is Rs.7.31

PTI raises objections to bench formation in SC’s Article 63A review case

PTI raises objections to bench formation in SC’s Article 63A review case

ISLAMABAD, SEPT 30: Pakistan Tehreek-e-Insaf (PTI) has raised formal objections regarding the constitution of the Supreme Court bench hearing the review case on the interpretation of Article 63-A.

A petition was filed by PTI’s lawyer Barrister Ali Zafar challenging the bench’s formation.

In the petition, Zafar argued that the bench was not constituted in accordance with Section 2 of the Act under the Presidential Ordinance, which requires the Judges’ Committee to consist of three members.

According to the law, a minimum of three judges is necessary to decide on the composition of the bench.

The petition further stated that the bench can only be constituted through the collective wisdom of three judges. However, the application pointed out that only two judges, instead of the required three, were present at the committee meeting on September 23, as Justice Mansoor did not attend. As a result, the petition contends that the decision made by two judges cannot be considered valid under the law, rendering the formation of the bench improper.

During the proceedings, Chief Justice Qazi Faiz Isa responded to the objections raised by Barrister Ali Zafar, stating, “I do not agree with you. If this happens, then this court will become inactive.”

He emphasized that not all cases can be left to the discretion of a single person, countering PTI’s claims.

Barrister Ali Zafar maintained that the Practice and Procedure Committee can only form a bench when all three members are present. Chief Justice Isa, however, rejected this interpretation, arguing that restricting the court’s ability to function due to the absence of one judge would hinder the Supreme Court’s operations.

SC nullifies LHC’s decision of rejecting election tribunals in Punjab

SC nullifies LHC's decision of rejecting election tribunals in Punjab

ISLAMABAD – The Supreme Court on Monday nullified the decision of the Lahore High Court (LHC) regarding formation of election tribunals in Punjab.

A five-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, announced the reserved verdict.

The CJP announced the majority 5-0 verdict in which appeals of the Election Commission of Pakistan (ECP) were accepted.

“Not a single judge opposed the verdict, however, Justice Jamal Mandokhail and Justice Aqeel Abbasi wrote additional notes,” said the CJP.

He further cautioned against institutional confrontation, adding that the LHC verdict could never be presented as a precedent.

It must be noted that the LHC had rejected the ECP’s decision of appointing four judges in the election tribunals to which the ECP had approached the apex court.

WHEN DID SC RESERVE VERDICT IN ELECTION TRIBUNALS CASE?

The hearing on the appeal of the Election Commission of Pakistan (ECP) regarding the formation of election tribunals in Punjab was held in the Supreme Court (SC) on Sept 24 last.

A five-member larger bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, heard the case.

At the outset of the hearing, petitioner Salman Akram Raja raised objection to CJP Isa’s presence on bench. The objection was raised by Raja’s lawyer Advocate Hamid Khan.

“My lord! we want to submit an application,” said Khan. “You are a senior lawyer and I respect you, kindly have a seat, first let the order be read,” the CJP replied.

The irate CJP asked Raja to get himself separated from the case if he wanted and asked Attorney General Mansoor Awan to keep reading the order of previous hearing.

“We have objections as we don’t want you to be part of this bench,” Khan objected.

“Kindly be seated, we will hear you later,” responded CJP.

On this snub from the CJP, Khan left the court room in a huff.

During the hearing, ECP’s lawyer Sikander Bashir told the court that the Lahore High Court (LHC) chief justice had already established four tribunals, adding that other four tribunals would be established by the ECP.

“It means matter has been settled between the ECP and Chief Justice of the LHC?” asked Justice Aqeel Abbasi.

“Yes, as the law was changed so the new four tribunals would be established by the ECP,” replied ECP lawyer Bashir.

“The tenure of parliament is five years which cannot be extended. The cases of stay orders also come before the SC. Resolve those matters by yourselves which do not come under the court jurisdiction, I am tired of requesting again and again, look at the constitution what does it say?” remarked CJP Isa.

“The chief justice of the high court is not an ordinary person. Both the ECP and high courts are honourable institutions, the matter of likes and dislikes on the appointment of judges in tribunal should end now,” said Justice Jamal Khan Mandokhail.

“I don’t know how many cases are pending in Punjab and Balochistan,” he added.

Later, the apex court reserved the verdict on the ECP’s appeal.

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