Category: 1. Pakistan

PESHAWAR:

The Peshawar High Court (PHC) on Tuesday annulled the distribution of reserved seats in the Khyber-Pakhtunkhwa (K-P) Assembly and ordered the Election Commission of Pakistan (ECP) to redistribute the seats after hearing the parties.

A two-member bench, comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal, announced the reserved judgment on the petition of the PML-N against the distribution of reserved seats.

In its two-page judgment, the court declared null and void both the announcements of the ECP regarding the allocation of reserved seats for women and minorities. It said the ECP should reallocate these seats after hearing all candidates and political parties within 10 days.

The court delayed the oath-taking of the lawmakers on the reserved seats until the ECP decision. The court also ruled that ECP’s deadline for the independent candidates to join any political party in the provincial assembly by February 22, 2024, was unconstitutional.

The K-P Assembly comprises 124 lawmakers – 99 elected on general seats, besides 21 reserved seats for women and four reserved seats for non-Muslims. The reserved seats are allocated only to the political parties in the house based on their strength.

After the general elections on February 8, 2024 the ECP allocated the reserved seats to the political parties, excluding the independents, who were PTI-backed, and formed majority in the house. However, the matter dragged for over a year in the courts, until it was settled in the Supreme Court recently.

The PHC ruling directed the ECP to redistribute these seats after hearing the PML-N, the JUI-F, the PPP, the ANP and the PTI-Parliamentarians.

Earlier, during the hearing, ECP Special Secretary Law Muhammad Arshad, ECP lawyer Mohsin Kamran, PML-N lawyer Aamir Javed and Barrister Saqib Raza, JUI lawyer Naveed Akhtar and Farooq Afridi appeared in the court.

The petitioner’s lawyer argued that the ECP counted six PML-N members – five elected on general seats and one independent joining the party within three days of stipulated time – and distributed the reserved seats, accordingly, through a notification issued on February 22, 2024.

However, he continued, notifications of the election victories of some candidates were still pending by that time. He added that the notification of Malik Tariq Awan’s victory was issued on February 22, who joined the PML-N on February 23 – well within the three days of timeframe.

This raised the PML-N’s strength in the house to seven, the lawyer told the court. Similarly, he added, the ECP issued a separate notification for allocation of reserved seats for minorities on March 4 and again the PML-N’s six seats were counted, as Awan was declared an independent.

As per the distribution, lawyer stated, one minority seat was given to the JUI, one to the PML-N and one to the PPP, while one seat was left vacant, which would have been decided through tossing of the coin. He added that the party moved the ECP and claimed that it had seven seats in the house.

Overall, lawyer Aamir Javed told the court, the ECP gave 10 reserved seats to the JUI based on its seven general seats in the assembly, while the PML-N was given eight reserved seats on the strength of seven general seats, by counting its six seats.

The petitioner’s lawyer said that the party did not want postponement of the Senate elections which was due later this month. He requested that if the court wanted to send the matter to the ECP, then the election supervisor should be bound to decide the matter within three days.

When asked by Justice Ali as to how the ECP could distribute the seats when the process was not complete, the ECP special secretary said that the assembly session had to be held 21 days after the election. He added that ECP allocated the seats based on the party positions on February 22, 2024.

The JUI lawyer took the position that the party whose seats were challenged should be made a party to the case. Naveed Advocate said that JUI was not party and he was representing Gujral Singh, who was elected on a reserved seats.

After hearing the matter, the court reserved its ruling, which was announced later in the day. The court also annulled the notification regarding Gujral Singh, dated March 26, 2024.

ISLAMABAD: Prime Minister Shehbaz Sharif was informed on Tuesday that consultations are being accelerated with the private sector, particularly exporters, to expand port facilities and fully activate Gwadar Port.

The officials briefed the prime minister and leading figures from the industrial sector during a meeting focused on economic and industrial development, increasing exports, and addressing challenges faced by the business community.

The briefing highlighted that relief measures have been provided to the common man, business community, and investors within the available budget resources. Officials said there is significant potential for expanding investment and industry in Pakistan.

Ministry unveils plan to expand operational capacity of Gwadar port

They added the government team is working to improve awareness and communication with the private sector regarding policy facilitation, noting that Pakistan is emerging from difficult times and is now on the path to development.

Efforts are underway to reduce production costs, including electricity prices, to enhance the competitiveness of the business community in global export markets, officials said. They also noted that the digitisation of the Federal Board of Revenue (FBR) is simplifying business and investment processes.

Privatisation of state-owned enterprises is being expedited to reduce the size of the government, they added.

“For the first time in the country’s history, a modern information technology ecosystem is being introduced. AI-based systems are being developed in agriculture and other sectors,” officials said, highlighting ongoing efforts to introduce modern technology, quality seeds, machinery, and updated systems in agriculture.

Business leaders representing textiles, agriculture, cement, information technology, and other industries took part in the meeting.

Speaking on the occasion, Prime Minister Sharif credited the government team’s tireless efforts for achieving economic stability.

“Now, the goal after achieving stability is to ensure economic growth, increase exports, generate employment, develop industries, and enhance foreign investment in the country,” he said.

He stressed the need to utilise local resources to achieve economic development and make Pakistan self-reliant, adding that suggestions from the business community are extremely valuable for the country’s economic progress.

“I will personally meet with the business community every month to involve them in the consultative process for national economic development,” the prime minister said.

“I am hopeful that our future meetings will be as meaningful and productive as today’s,” he added. “Private sector representatives and experts from each field will be consulted.”

“This long journey of progress must be undertaken with hard work and mutual cooperation,” he concluded.

A statement issued by the Prime Minister’s Office said that the “participants praised the government’s efforts to stabilise the economy under the prime minister’s leadership.”

“After long and testing negotiations with the IMF, you finalised and ensured the implementation of a programme to save Pakistan’s economy,” they told the prime minister.

They also described the budget as a “people-friendly step in the right direction for business facilitation” and emphasised that government policies should align with the needs of business, investment, and industry.

“To increase foreign investment in Pakistan, it is necessary to provide more facilities to investors and exporters,” they said.

The participants appreciated government reforms in the tax system and efforts to enhance transparency and speed in customs clearance at ports by the FBR.

They welcomed the inclusion of private sector suggestions in policy-making for industrial development. The federal ministers, Rana Tanveer Hussain, Muhammad Aurangzeb, Ataullah Tarar, Awais Leghari, Ali Pervaiz Malik, Shaza Fatima, Hanif Abbasi, Junaid Anwar Chaudhry, Prime Minister’s Agriculture Coordinator Ahmed Umair, and other senior officials attended the meeting.

Copyright Business Recorder, 2025

THE federal government’s proposal to revive the jirga system in the newly merged districts is being seen as a prelude to the restoration of the former tribal agencies’ semi-autonomous status. There may not be any specific plan on the table yet to revert to the old order, but the prime minister’s decision to form a committee headed by the Federal Minister for Kashmir Affairs and Gilgit-Baltistan to look into the matter has raised serious concerns.

A recent meeting of the committee members, comprising mostly federal government officials, stressed the need to revive the jirga system in the districts. According to media reports, ways were discussed to promote an effective alternative justice system in the former tribal districts. The jirga system, a traditional form of conflict resolution, was abolished after the merger of the seven tribal agencies in 2018 through the 25th Constitutional Amendment.

One fails to understand the objective behind such a regressive, unconstitutional move that will not only weaken the unity of the federation but also have serious implications for our national security. The KP government has rejected the committee’s formation, referring to it as federal interference in provincial matters, thus intensifying the stand-off between Islamabad and Peshawar.

Fata’s merger with KP in 2018 in the wake of rising militancy was viewed as a significant step towards bringing the lawless semi-autonomous regions into the mainstream and providing better governance and development to its population. But seven years on, the promise has not been fulfilled. The transition has faced numerous challenges mainly because of limited financial resources for the development of infrastructure in the merged districts and improvement in the lives of the people.

There’s something ominous about the centre’s efforts to revive the jirga system in former Fata.

Over the past seven years, the federal government has neither provided the promised development funds of Rs100 billion annually to the merged districts nor its three per cent share in the National Finance Commission award. The situation has worsened with the ongoing confrontation between the federal government and the PTI-led provincial administration. The resurgence of militancy in the region has also caused the complete collapse of governance in the merged districts.

Instead of addressing these challenges, it seems that the federal government is trying to revert to the old colonial structure, which was the main factor contributing to the backwardness of the former federally administered tribal areas called Fata.

The latter was governed by the controversial Frontier Crimes Regulation and political agents. Disputes were settled by local jirgas comprising tribal elders and maliks appointed by the federal government. The courts had no jurisdiction in the area, which was directly controlled by the centre. The provisions of the Constitution and the laws did not apply there.

For decades since independence, because of political and geostrategic reasons, there was no effort to bring the region into the mainstream. Fata’s semi- autonomous status provided the state plausible deniability when the region was turned into a centre for training and then launching militants from within the country and outside into Afghanistan to fight against the Soviet forces.

But this situation also resulted in Fata becoming a hub of militancy that threatened Pakistan’s own security. It also led to the complete collapse of state control over the strategically located region. The vacuum was filled by terrorist groups — such as the TTP — which took control of the area. While successive military operations largely cleared the area of militants, they also caused a huge humanitarian crisis as hundreds of thousands of residents were forced to leave their homes and businesses to escape the fighting.

Most of them might have returned to their devastated land, but many migrated to other areas in search of livelihood. One reason for integrating the tribal areas into the mainstream was to establish the writ of the state there and carry out development works in the conflict-devastated territory. But seven years on, the plight of the people in the districts has not improved. The administrative and justice system remain broken mainly because of lack of financial resources. This has added to the public’s discontent.

Most worrisome is the return of militancy in the merged districts with the weakening of the administration and justice system. The military is in the region fighting the insurgents. But the problem is that there is no realisation in Islamabad and Pindi that kinetic operations alone cannot bring peace and stability to the troubled areas. What is needed is the acceleration of the reform programme rather than reverting to the obsolete jirga system. There is an urgent need to strengthen the civil law-enforcement services and accelerate development work.

There was a broader consensus among the political parties, except for a few, on mainstreaming the former tribal territories. But this rethinking in the ruling party on reform is quite intriguing. Some reports suggest that there is move to bring back former Fata under federal rule thus allowing Islamabad to retake control of the mineral mines there.

In fact, the KP Assembly did not pass the mines and mineral legislation that would have given the federal government some control over the mines. The former tribal areas have huge deposits of rare earth and other minerals which has drawn the interest of the Trump administration.

There certainly is something sinister about the federal government rethinking ex-Fata’s reforms and the revival of the jirga system there. By denying the region its democratic and civil rights, the state is further alienating the tribesmen. It will be disastrous if the security pretext is used.

Some unconfirmed reports suggest that one reason behind the apparent move to backtrack on reforms are the security establishment’s concerns over the rising arc of insurgency in the region. But restoring the old order will only worsen matters. Any such move will strengthen the militants, further threatening our security. The state must respect the sentiments of the people who want to be fully part of the country.

The writer is an author and journalist.

zhussain100@yahoo.com

X:@hidhussain

Published in Dawn, July 9th, 2025

KARACHI: A sessions court on Tuesday sentenced filmmaker Jamshed Mahmood Raza, popularly known as Jami, to two years in prison for defaming fellow director Sohail Javed in 2019, Dawn.com reported.

He was taken into custody and moved to the Karachi central prison to serve his sentence, his lawyer has confirmed.

The court convicted him under Section 500 (defamation) of the Pakistan Penal Code and also imposed a fine of Rs10,000.

The case involved a letter Jami read out from an anonymous sexual assault survivor at the Lahooti Melo and also posted to his Facebook page.

The letter was from an unnamed survivor who described being assaulted by a very well-known figure in the entertainment industry but did not name the alleged abuser. Jami didn’t name the alleged abuser in his Facebook post either.

However, Javed argued that in the comment section of the post, many people guessed it was him and Jami did nothing to stop the speculation or deny the accusation.

Javed filed a defamation lawsuit against Jami, who denied the accusations and said the letter was handed to him by the organiser of the Lahooti Melo and he did not know the content at the time of reading it.

However, the court observed that Jami did not “produce the letter’s author, any communication with the Lahooti Melo organisers or any credible evidence to show that he was unaware of the content beforehand”.

Published in Dawn, July 9th, 2025

KARACHI: A sessions court on Tuesday sought a report from police on an application seeking registration of an FIR against the city mayor, director general of the Sindh Building Control Authority (SBCA) and others over the collapse of a five-storey building in Lyari last week.

Advocate Muhammad Haroon has filed the application under Sections 22-A and 22-B of the criminal procedure code (CrPC) for registration of an FIR against Mayor Murtaza Wahab, the SBCA chief, heads of utility companies and officials of other public departments for their alleged wilful misconduct and “criminal negligence” in connection with the collapse of the Lyari building.

The applicant also requested the formation of a joint investigation team (JIT) under the supervision of the court to probe a “pattern of illegal constructions, building collapses, forged approvals and loss of life across Karachi”.

After a preliminary hearing, the additional district and sessions judge (South) issued notices to the SSP complaint cell (South) and the SHO of the Baghdadi police station to submit their respective reports.

Referring to the tragic incident in which at least 27 people lost their lives and several others sustained injuries, the applicant contended that an FIR should be registered under relevant sections of the Pakistan Penal Code (PPC) against officials of public departments responsible for enforcing building safety regulations, as well as those who approved utility connections from K-Electric, Sui Southern Gas Company, Sindh Environmental Protection Agency and others.

He also held the fire department responsible for failing to conduct inspections or ensure emergency access in high-density areas.

The applicant alleged that, despite repeated written complaints by residents, no action was taken by the SHO of the concerned police station or the SSP South, claiming that police officials had been “routinely providing protection to builders and land grabbers involved in illegal constructions.”

He also claimed that it was a matter of public knowledge that bribes were allegedly collected by police officials and SBCA personnel on a per-floor basis to permit unlawful vertical expansion.

“These systemic corrupt practices have directly contributed to repeated building collapses, including the tragic incidents in Lyari, Ranchor Line, and Usmanabad,” he submitted.

Citing a Supreme Court ruling in a suo motu case on illegal construction in Karachi, the applicant asked the court to direct the police to record his statement and register an FIR against the proposed accused.

Published in Dawn, July 9th, 2025

RAWALPINDI: Heavy rain lashed the twin cities of Rawalpindi and Islamabad on Tuesday afternoon, creating a slushy mess in the low-lying areas, while residents felt a pleasant change after the warm weather.

The rain started in the afternoon and continued for an hour. After the brief spell, the sun overpowered the heavily overcast sky.

The Meteorological Department recorded 24mm of rain at Zero Point and 1mm at Saidpur in Islamabad, and 16mm at Chaklala, 2mm at Katcheri, 1mm at Pirwadhai and 38mm at Shamsabad in Rawalpindi.

It forecast more rain and cool winds sweeping the northern parts of the country, including the Potohar region, during the next 24 hours.

According to a Met official, monsoon currents are penetrating most parts of the country. A westerly wave is also affecting the upper and central parts of the country.

He said that rain, wind, and thundershowers are expected in Punjab, Khyber Pakhtunkhwa, Kashmir, Gilgit-Baltistan and Islamabad. Heavy falls are also likely at isolated places in Kashmir, northeast Punjab and Islamabad.

According to a weather advisory issued by the Met Office, from July 8 to 10, heavy to very heavy rains may generate flash floods in local nullahs and streams of Murree, Galliyat, Mansehra, Kohistan, Abbottabad, Buner, Chitral, Dir, Swat, Shangla, Nowshera, Swabi, Mardan, Islamabad and Rawalpindi.

Landslides and mudslides may cause road closures in the vulnerable hilly areas of Khyber Pakhtunkhwa, Murree, Galliyat and Kashmir during the wet spell.

Heavy downpours may cause urban flooding in low-lying areas of Islamabad/Rawalpindi, Gujranwala, Lahore, Sialkot, Sargodha, Faisalabad, Nowshera and Peshawar.

The public has been advised to take precautionary measures during the weather activity.

Following Tuesday’s rain, waterlogging was reported in low-lying areas of the garrison city. However, the water level in Leh Nullah remained low. The Water and Sanitation Agency (Wasa) and other civic bodies remained alert to deal with any untoward situation.

When contacted, Wasa Managing Director Saleem Ashraf said that the water level remained low in the nullah. He said that water accumulated in some areas of the city but was drained out soon after the rain stopped.

He said that the city was divided into four sectors and flood response units had been deployed to drain out water from different areas. He added that the teams reached the sites and drained the water from the affected areas.

Published in Dawn, July 9th, 2025

TOBA TEK SINGH: The National Cybercrime Investigation Agency (NCCIA) claimed to have arrested 149 persons, including 48 Chinese and nationals of some other countries, for their alleged involvement in an online fraud, in a raid on a factory at Chak 54-RB, Sirohli, Faisalabad, late on Monday night, in Balochni police station limits.

According to sources, the factory where the raid was conducted is allegedly owned by a former chairman of Faisalabad Electric Supply Company (Fesco) Board of Directors, Malik Tehseen Awan.

The sources say that the arrested persons, including 48 Chinese nationals, allegedly involved in hacking banks’ internet systems and other cybercrimes, had been operating from the factory.

The says that the factory owner, Mr Awan, managed to escape during the NCCIA team’s raid.

The premises is allegedly owned by Fesco BoD ex-head; 48 Chinese nationals among the suspects

The team seized a large number of laptops and other gadgets from the factory and had to use a trailer to transport the case property to their office.

Despite efforts by this scribe, no contact could be made with Mr Awan for his version.

The NCCIA has registered seven FIRs, from serial number 142 to 147, under sections 13, 14 and 16 of Peca, read with sections 109, 419 and 420 of the PPC, on the complaint of seven different persons against 149 arrested persons.

Mr Awan would allegedly lure people to do “online work” through these suspects.

The sources say that the network also deprived people of millions of rupees through Ponzi schemes.

The arrested suspects include 44 men and four women from China, three men and five women from Nigeria, one man and three women from Philippines, one man and one woman from Sri Lanka, six men from Bangladesh, one woman from Zimbabwe, two women from Myanmar and 76 men and two women from Pakistan.

ACTION RECOMMENDED: The Faisalabad DC has recommended departmental action against the medical superintendent (MS) and two female doctors following the death of a child in the Government Teaching Hospital Ghulam Mohammadabad.

The DC has recommended action against the MS and two doctors to the secretary of Punjab Specialised Healthcare and Medical Education Department in the light of an inquiry that found them guilty of negligence and providing inadequate treatment to a child who later died in the hospital.

The allegations stem from the tragic death of one-and-a-half-year-old Muhammad Yousuf, a resident of Ghulam Mohammad Abad.

The child was reportedly brought to the hospital after he choked on a syrup bottle cap on Feb 19. However, the doctors on duty allegedly kept referring the child’s family to different wards unnecessarily, before finally directing them to the Allied Hospital. The child passed away allegedly because of the delay in treatment.

The bereaved family protested against the hospital administration for negligence.

The child’s uncle, Nadeem Ahmed, lodged a complaint with Faisalabad commissioner, who then directed the DC to conduct an inquiry into the matter.

The DC, retired Capt Nadim Nasir, recorded statements of the affected family and the witnesses, besides reviewing the hospital’s CCTV cameras’ footage.

The inquiry found MS Dr Asif Shehzad, Postgraduate Resident (PGR) Dr Ahda Payam, and Women Medical Officer Dr Momina Sohail guilty.

The DC has recommended departmental proceedings against the accused under the Peeda Act.

Published in Dawn, July 9th, 2025

BERLIN: A German court ruled on Tuesday that the government is obliged to issue visas to Afghan nationals and their family members who were accepted into a humanitarian admissions programme that the new centre-right coalition intends to shut down.

A foreign ministry official said the government was reviewing the decision, which is not yet legally binding. After the hasty withdrawal from Afghanistan in 2021 by Western allies, Germany established several programmes to resettle local staff as well as particularly vulnerable Afghans.

Since May 2021, Germ­any has admitted about 36,500 vulnerable Afgh­a­­ns including former local staff by various pathways. Some 2,400 Afghans appr­oved for admission are waiting in Pakistan to travel to Germany without a clear idea of when, as the programme has been suspended pending a government review, the foreign ministry in Berlin said this month. The court decision, in response to an urgent appeal by an Afghan woman and her family, ruled that the government was legally bou­nd to honour its “irrevocable” commitment to them.

“The applicants assert that they are entitled to a visa and can no longer remain in Pakistan. They face deportation to Afgh­anistan, where they fear for their lives,” it said.

However, the government is within its rights to end the programme for Afghans and refrain from issuing any new admission commitments going forward, according to the court in Berlin.

NGOs have said that an additional 17,000 Afghans are in the early stages of selection and application under the now-dormant scheme.

Published in Dawn, July 9th, 2025

RAWALPINDI: Punjab Chief Minister Maryam Nawaz on Tuesday inaugurated the General Post Office (GPO) underpass on the Mall and the Nawaz Sharif Flyover on Adiala Road.

The work on the Nawaz Sharif Flyover started in January and its initial cost was Rs2.1 billion, which later escalated to Rs3.6 billion. The work on the GPO underpass started in February for Rs4.6 billion.

In a briefing, the CM was informed that 67 road projects, stretching up to 607 kilometres, had been launched in Rawalpindi, out of which 51 had been completed.

The newly inaugurated Nawaz Sharif Flyover, which starts from Kutchery Chowk on Adiala Road, will benefit traffic passing through GT Road, Ring Road, and the Chakri Interchange on the Motorway.

It was further apprised in the briefing that the traffic from Gorakhpur, Adiala, Khalsa Khurd, Khalsa Kalan, Dhalan, Jarrar Camp, Dhok Awan, and other surrounding localities will benefit from the flyover. A two-kilometre service road has also been constructed around the Nawaz Sharif Flyover.

The CM was informed that for the first time, the latest intelligent signal systems had been installed as part of the GPO Underpass project. The nearly two-kilometre-long underpass will provide easy access to the National Highway N-5 via Kashmir Road. It was further apprised in the briefing that the GPO underpass will also facilitate millions of patients coming to the CMH, MH, and AFIC.

At the inauguration ceremony, Chief Minister Maryam Nawaz also announced that the government would launch clean drinking water projects across Punjab. She announced potable water projects for south Punjab and Potohar. The chief minister also hinted at the early resolution of the water supply problem in Murree, besides the preparation of a project for the construction of an expressway along Leh Nullah in Rawalpindi.

She said, “…the Nawaz Sharif Flyover project will reduce the travel time from Rawalpindi to Chakri by one hour. Most of the road construction and rehabilitation projects have been completed in Rawalpindi.”

According to the CM, the Punjab government has constructed and repaired 12,000 km of roads, and within a few weeks, 19,000 km of roads will be repaired and rehabilitated across the province.

She maintained, “People acknowledge that roads are being built in a record period, it seems as if giants are working. Roads which had not been built for the last 30 years have been built now.”

She congratulated the relevant official for ensuring the timely completion of the Nawaz Sharif Flyover and the GPO underpass. “This project, which will facilitate the plying of two lakh vehicles daily, has been made state-of-the-art,” she added.

The CM also said that the Rawalpindi Ring Road would be completed in record time. “All schools in Rawalpindi are being revamped and will be completed soon. I am personally monitoring the beautification projects of Rawalpindi city,” she added.

More than 1250 health centres across Punjab have been revamped and turned into mini hospitals. The condition of hospitals has entirely changed in a record period of time,” she added.

The CM also highlighted the ‘Suthra Punjab’ project, saying commendable work was being carried out across the province under this project.

“When visitors reach Barian (in Khyber Pakhtunkhwa) from Murree, where the jurisdiction of Punjab ends, a visible difference in cleanliness and infrastructure is witnessed,” she elaborated.

She emphasised that teamwork had become their distinguishing feature in Punjab. The entire team worked with dedication and devotion during Muharram, which was appreciated by the public, particularly the Shia community.

Published in Dawn, July 9th, 2025

• Peshawar High Court orders ECP to modify notification of women seats in KP Assembly
• Sets aside notification declaring JUI-F’s Gorpal Singh minority lawmaker
• IHC also issues notice to Election Commission over KP reserved seats

PESHAWAR: The Peshawar High Court (PHC) on Tuesday barred two women MPAs-elect of the Khyber Pakhtunkhwa Assembly from taking oath and directed the Election Commission of Pakistan (ECP) to modify its last year’s notification on the allocation of these seats.

A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal also set aside the ECP’s notification dated March 26, 2024, which had declared Jamiat Ulema-i-Islam Fazl (JUI-F) candidate Gorpal Singh as MPA-elect on a seat reserved for non-Muslims in the KP Assembly.

The court directed the ECP to reallocate reserved seats for women and non-Muslims within 10 days in accordance with the law, after hearing all relevant political parties, their representatives and contesting candidates.

Until the ECP issues a new decision, the bench ordered that the oath should not be administered to JUI-F MPAs-elect Naheeda Noor and Arifa Bibi, who were elected on the disputed seats.

The bench issued a short order on a petition filed by the PML-N through its KP President Amir Muqam, who challenged two ECP notifications dated March 4 and March 26, 2024. These notifications declared candidates from various parties as MPAs-elect on reserved seats for women and non-Muslims.

The PML-N argued that both it and JUI-F had seven MPAs in the KP Assembly, but while PML-N received eight reserved seats for women, JUI-F was allotted 10. On the non-Muslim seats, JUI-F was granted two out of four seats, whereas PML-N was allocated only one.

The petition also challenged the ECP’s cut-off date of Feb 22, 2024, for independent MPAs to join political parties, after which reserved seat allocations were made.

The bench declared that the ECP’s use of the Feb 22 date for allocating reserved seats was illegal and contrary to the mandate of Article 106 of the Constitution, Sections 18 and 104 of the Elections Act 2017, and Rule 92 of the Elections Rules 2017.

The bench pointed out that the electoral college for reserved seats must include all members of political parties, as well as independent candidates who have joined parties, as of the actual date of election or allocation of the reserved seats.

A panel of lawyers, including Aamir Javed, Saqib Raza and Syed Inayat Shah, appeared for the petitioner and stated that the PML-N had initially won five seats in the Feb 8 general elections, and two independents later joined it.

Mr Javed said that the ECP allegedly calculated reserved seat allocations based on only six MPAs rather than seven. He noted that although an independent MPA joined PML-N on Feb 22, the same day he was officially notified as an MPA-elect, the ECP did not include him in the final seat tally.

Initially, the ECP allocated five women’s seats on Feb 22 — two each to PML-N and JUI-F, and one to PPP. On March 4, it issued a second notification for the remaining 21 seats, resulting in JUI-F receiving a total of 10 reserved seats and PML-N eight.

As for the four seats reserved for non-Muslims, one each was initially allocated to JUI-F, PML-N and PPP. The petitioner contended that the fourth seat should have been decided through a draw between JUI-F and PML-N, but the ECP unilaterally awarded it to JUI-F candidate Gorpal Singh.

The ECP was represented by Special Secretary Zafar Iqbal, legal counsel Mohsin Kamran Siddique, Special Secretary (Law) Mohammad Arshad and Deputy Director Saima Tariq Janjua. Advocate Naveed Akhter appeared for JUI-F and argued that his party had not been made a respondent in the petition despite being directly affected.

IHC issues notice to ECP

The Islamabad High Court (IHC) on Tuesday also issued a notice to the ECP on a petition filed by Pakistan Tehreek-i-Insaf Parliamentarians (PTI-P), seeking suspension of the ECP’s July 2 notification allocating 21 reserved seats in the Khyber Pakhtunkhwa Assembly.

Justice Raja Inaam Ameen Minhas heard the plea. PTI-P’s legal team, comprising Advocates Sultan Muhammad Khan and Tufail Shahzad, appeared in court alongside the party’s Central Secretary General Malik Habib Noor.

Advocate Khan argued that the ECP’s notification was based on flawed calculations and had deprived PTI-P, founded in 2023 by the former KP chief minister Pervez Khattak, of its lawful share of reserved seats. He maintained that the party should have received additional seats based on its performance in the Feb 8 general elections.

Justice Minhas inquired whether any court had suspended the notification. The lawyer confirmed that no stay had been granted so far. The court declined to suspend the notification immediately but issued a notice to the ECP to submit a response and adjourned the hearing.

PTI-P argued that allowing lawmakers elected through the disputed notification to take oath would cause “irreversible prejudice” and undermine the party’s main petition.

The party contended that the ECP’s March 4, 2024, notification erroneously recorded PTI-P as having secured only one general seat in KP, whereas it had actually won two — PK-73 and PK-103. This misrepresentation allegedly cost the party at least three reserved seats.

The matter was also earlier under review in the PHC, which had granted a stay on the oath-taking of MPAs on reserved seats. However, after a two-member PHC bench raised questions about the petition’s maintainability in light of similar proceedings at the IHC, PTI-P withdrew its petition from the PHC, resulting in the dismissal of the case and recall of the stay order.

Malik Asad in Islamabad also contributed to this report

Published in Dawn, July 9th, 2025