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Update PDI Feb2023

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Usman Shahdin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UPDATE ON

THE PERFORMANCE
OF DEMOCRATIC
INSTITUTIONS

February 2023
2 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

This update is meant to identify key developments


during the month on Performance of Democratic
Institutions in Pakistan with selected high-profile
international developments included occasionally.

IN THIS ISSUE

1 Scheduling of the Punjab and KP Elections


2 PML-N Chief Organizer names names responsible for
Pakistan's present condition
3 Revival of Apex committees
4 Rein-in Intelligence Agencies: PTI Chairman requests
President
5 PM Appoints 7 more SAPMs
6 PM launches austerity drive
7 New Audio leaks
8 New Attorney General of Pakistan
9 No adverse remarks by the CJP on Prime Ministers:
AGP
10 Mr. Imran Khan calls for inquiry against former COAS
11 NAB Chairman resigns
12 Proposed legislation seeking 5 year imprisonment for
ridiculing Pakistan Army pending in the Cabinet
13 PTI Chairman again defends plan to resettle the TTP
14 Mr. Khan granted bail in three cases
15 Passage of Finance (Supplementary) Bill, 2023
16 Induction, elevation process flawed in the Supreme
Court: Justice (Retd.) Maqbool Baqir
17 Bye-Elections
18 Parliament amends ICT LG Law again
19 PPP requests ECP to hold election of mayor in 11 union
councils in Karachi
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 3

IN THIS ISSUE

20 Court grants bail to Senior Vice President, PTI


21 Former General arrested for allegedly inciting Public
against Institutions
22 Former Chief of Army Staff, President and the Coup-
maker passes away
23 Chaudhry Parvez Elahi joins the PTI
24 LHCBA elects first woman secretary
25 Command and Staff College (CSC) Delegation calls on
CJP
26 Speaker National Assembly meets Foreign Dignitaries
27 Chairman Senate meets Foreign Dignitaries
28 COAS did not visit the US: ISPR
29 Interactions of COAS with Foreign Dignitaries
30 Prime Minister's Interactions with COAS
31 Demand for early election in Peru amid public
protests
4 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Scheduling of the Punjab and


KP Elections
As the announcement of date and
programme of elections to the
Punjab and KP Assemblies after
their dissolution remained in
doldrums, on February 22, Chief
Justice of Pakistan (CJP) Justice
Umar Ata Bandial initiated suo
motu proceedings seeking to
determine answers to three
questions mainly who has
constitutional responsibility and
authority to announce date for
elections to provincial assemblies
after dissolution; how and when
t h i s re s p o n s i b i l i t y i s t o b e
discharged and Constitutional
responsibilities of federation and
provinces regarding holding of general elections. The 9-member bench formed and headed by the CJP
initially included Justice Ijaz ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya
Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali
Mazhar and Justice Athar Minallah.

On February 16, a two-member bench of the Supreme Court comprising Justice Ijazul Ahsan and Justice
Sayyed Mazahar Ali Akbar Naqvi, during hearing a case regarding transfer of CCPO Lahore Mr. Ghulam
Mehmood Dogar, referred the matter of delay in announcement of date of Punjab Assembly election to the
Chief Justice asking him to invoke suo motu proceedings on the issue.

The issue had become complex as both the Governors of Punjab and Khyber Pakhtunkhwa declined to give
dates for general elections for the two Provincial Assemblies, advising the ECP to consult relevant
authorities and take stock of the current security and economic situation before deciding in this regard.

Addressing a PTI petition on February 10, the LHC had ordered the ECP to announce the date of election to
the Punjab Assembly after consultation with the Punjab Governor to ensure that polls are held not later than
90 days as per the Constitution. However, Governor Punjab approached the LHC to seek clarity on the LHC
order, which was pending before the LHC.

In the meantime, on February 20, President Dr Arif Alvi unilaterally announced April 9, 2023 as the date for
holding general election for the Provincial Assemblies of Punjab and Khyber-Pakhtunkhwa. President, in a
letter to Chief Election Commissioner (CEC) urged the ECP to issue the election programme in accordance
with Section 57(2) of the Elections Act, and said that there was no impediment in invoking his power and
authority to announce the date of the elections after consulting the ECP.

1. Nasir Iqbal, “SC to determine who has authority to announce poll date,” Dawn online, February 23, 2023, accessed March 31, 2023.
https://www.dawn.com/news/1738652.
2. Nasir Iqbal, “CJP asked for suo motu hearing on Punjab polls,” Dawn online, February 17, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1737568.
3. Iftikhar A. Khan, “Punjab, KP governors 'decline' to fix election dates,” Dawn online, February 02, 2023, accessed March 26, 2023.
https://www.dawn.com/news/1734888/punjab-kp-governors-decline-to-fix-election-dates.
4. Wajih Ahmad Sheikh, “High court orders ECP to declare election date immediately,” Dawn online, February 11, 2023, Accessed March 05, 2023.
https://www.dawn.com/news/1736523/high-court-orders-ecp-to-declare-election-date-immediately.
5. Rizwan Shehzad|Saqib Virk, “Alvi unilaterally fixes April 9 as poll date,” Express Tribune online, February 20, 2023, Accessed February 27, 2023.
https://tribune.com.pk/story/2402185/president-alvi-announces-punjab-k-p-elections-on-april-9.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 5

Earlier on February 18, the ECP had responded to President Arif Alvi's letter stating that it has no role in
announcing the dates for general elections to the Provincial Assemblies, and that the ECP is aware of its
constitutional obligation in this regard. The ECP's letter also expressed disappointment with the language
used by the President. The ECP's response came 10 days after the President's initial letter on February 8, and
a day after the President wrote another letter on February 17 inviting the CEC for an urgent meeting on
February 20 regarding consultations on the date of general election, which the ECP, via a letter, had declined
to join stating that the matter was already sub judice.

In the suo motu case taken up by the CJP, the strength of the bench became reduced from nine judges to five
owing to dissent as the Supreme Court issued a written order stating that there was a lack of clarity on a
matter of high constitutional importance as the CJP split a larger bench into a five-member bench to
conduct suo motu proceedings. It is important to note that on February 25, three parties (PPP, PML-N and
JUI-P) from the ruling coalition had petitioned the Supreme Court for the formation of a full court
comprising all judges except Justice Ijaz-ul-Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi.

The first objection on the CJP's suo motu from the bench came from Justice Jamal Khan Mandokhail, who, in
his note, objected to suo motu notice and termed it “not justified” adding that it was not appropriate to refer
the matter to the CJP for taking suo motu under Article 184(3) of the Constitution.

At the beginning of the proceedings, both Justice Syed Mansoor Ali Shah and Justice Athar Minallah had
raised queries regarding the motive behind the dissolutions of Provincial Assemblies.

In his note, Justice Shah said that though he has not opted to recuse from the hearing, he has reservations on
invoking Article 184(3) of the Constitution on this issue as the decision to recommend a suo motu to the CJP
was made in a case which, had no concern with the date of election in the Punjab Assembly. He also termed it
to be a case of that appears to be borne out of “unnecessary interest of the two-member Bench in the matter”
in the eyes of the public. He also questioned lack of institutional response from the SC on allegations relating
to alleged audio leaks incriminating Justice Naqvi and his inclusion in the bench especially when “other
senior Hon'ble Judges of this Court are not included on the Bench.”

Justice Yahya Afridi in his additional note said that the court should show 'judicial restraint' and not invoke
Article 184(3) of the Constitution on the issue as it is already before the LHC which has already rendered its
decision and also has a pending intra-court appeal before it on the subject. The restraint, he added, should
be exercised “to avoid any adverse reflection on this Court's judicial pre-emptive eagerness to decide.” It
would also “offend the hierarchical judicial domain of the High Court” and “disturb the judicial propriety” of
the High Court as under the Constitution,” he wrote. Dismissing the petitions, he added that his continuing
to hear the petitions is of no avail though he added that “ I leave it to the Worthy Chief Justice to decide my
retention in the present bench hearing the said petitions.”

In his additional note, Justice Minallah said that the CJP's order “does not appear to be consistent with the
proceedings and the order dictated in the open Court.” He reiterated that questions regarding the
constitutional legality of the dissolution of the provincial assemblies “ involve far more serious violations of
fundamental rights” and the issue of date of election cannot be dealt in isolation. Adding the questions he had
proposed to be included as part of the suo motu, he said that Article 184 (3) of the Constitution requires that it
must be invoked, entertained and heard by a Full Court. He added that full court is also required “in order to
ensure public confidence in the proceedings” and “in view the importance of the questions raised” while

6. Syed Irfan Raza|Iftikhar A. Khan, “ECP turns down Alvi's invite for 'urgent meeting',” Dawn online, February 20, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1738118.
7. Nasir Iqbal, “'No time for trivialities': CJP lauds judges' exit as suo motu verdict looms,” Dawn online, February 28, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1739560.
8. Nasir Iqbal, “Coalition seeks SC full court for suo motu case,” Dawn online, February 26, 2023, Accessed February 27, 2023.
https://www.dawn.com/news/1739203.
9. “Suo motu: Key points from the 4 SC judges' additional notes,” Dawn online, February 27, 2023, accessed March 31, 2023.
https://www.dawn.com/news/1739420.
10. Nasir Iqbal, “SC judges air divergent views in poll date suo motu,” Dawn online, February 24, 2023, accessed March 31, 2023.
https://www.dawn.com/news/1738858.
11. “Suo motu: Key points from the 4 SC judges' additional notes,” Dawn online, February 27, 2023, accessed March 31, 2023.
https://www.dawn.com/news/1739420.
12. “Suo motu: Key points from the 4 SC judges' additional notes,” Dawn online, February 27, 2023, accessed March 31, 2023.
https://www.dawn.com/news/1739420.
6 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

saying that “interpretation of Article 184(3) of the Constitution in this context, therefore, also requires
interpretation.”

The bench reconstituted by the CJP comprised himself, Justice Shah, Justice Munib Akhtar, Justice
Mandokhail, and Justice Muhammad Ali Mazhar. Those who recused from the hearing included Justice Ijazul
Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi while the CJP removed Justice Minallah and Justice Afridi
from the bench.

PML-N Chief Organizer names


names responsible for
Pakistan's present condition

Ms. Maryam Nawaz addressing a rally in Sargodha

In a speech addressing the party's workers convention in Sargodha on February 23, Ms. Maryam Nawaz
Sharif, Chief Organizer and Senior Vice President of the PML-N named and blamed five persons as
responsible for the current dismal financial situation of Pakistan. She named and showed pictures of former
Chief Justices of the Supreme Court Justice (Retd.) Saqib Nisar, Justice (Retd.) Asif Saeed Khosa and former
DG ISI Lt. Gen. (Retd.) Faiz Hameed.

She also showed pictures of two sitting judges of the Supreme Court including Justice Ijaz Ul Ahsan and
Justice Sayyed Mazahar Ali Akbar Naqvi.

She said that the former DG ISI had “appointed himself the chief of army staff” and headed this group of 5 that
ruined the country economically. “Because he wanted to be [the] chief and he needed pawns. He needed a
political face. Nawaz Sharif could never be that pawn […] so who did he choose? Imran Khan the watch thief.”

https://www.dawn.com/news/1739420.
13. Nasir Iqbal, “'No time for trivialities': CJP lauds judges' exit as suo motu verdict looms,” Dawn online, February 28, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1739560.
14. Nasir Iqbal, “'No time for trivialities': CJP lauds judges' exit as suo motu verdict looms,” Dawn online, February 28, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1739560
15. “In fiery Sargodha speech, Maryam goes after senior SC judges for 'conspiring against Nawaz,” Dawn online, February 23, 2023, accessed March 11, 2023.
https://www.dawn.com/news/1738727.
16. “Maryam Nawaz Fiery Speech in Sargodha Jalsa | 23 February 2023 | Lahore Rang. YouTube, February 23, 2023, accessed March 11, 2023.
https://www.youtube.com/watch?v=ihmw7YzbAmo.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 7

Revival of Apex committees

PM chairing the apex committee meeting

On February 03, Prime Minister Mr. Shehbaz Sharif chaired the first meeting of the revived Apex Committee
which expressed “unflinching resolve to protect the people of Pakistan,” and agreed to adopt a uniform
policy between the federation & provinces” in doing so.”

Revival of the Provincial Apex Committees was decided in the National Security Committee meeting
concluded on January 2. Earlier, the Apex Committees had been formed in provincial capitals under the
National Action Plan (NAP) in 2014 where provincial governments and relevant army commanders
periodically reviewed law and order situation in a province.

On February 19, another terrorist attack took place at the Karachi Police Office where the terrorists
belonging to the banned Tehreek-i-Taliban Pakistan (TTP) tried to take control of the office but were killed in
hours-long combat with Pakistan's Law Enforcement Agencies (LEAs).

Prime Minister convened and chaired another meeting of the Central Apex Committee on February 24 to
review the law and order situation. While appreciating the efforts of LEAs, the meeting also looked at the role
of media and social media during terrorism incidents and it was decided that not only a focal person should
be appointed to brief the media on terrorism incidents but also to put in place SOPs for media to avoid the
spread of fake news and panic during terrorist operations and activities.

Accrding to media sources, during February 2023, 11 terrorist attacks occurred across Pakistan which
resulted in the loss of lives of 59 people including 11 civilians, 16 security forces personnel and 32 militants.

On February 22, spokesperson of the Foreign office said that Afghan Taliban have promised to cooperate
with Pakistan government on its concerns about the presence of the TTP fighters and sanctuaries on its soil
after Islamabad delivered a stark warning on the issue in Kabul. The FO issued the statement after a day-long
trip by a Pakistan delegation that visited Kabul. The delegation included Defence Minister, Foreign
Secretary, PM's Special Envoy on Afghanistan, DG ISI and Pakistan's charge d' affaires in Afghanistan.

17. @CMShehbaz Twitter, February 09, 2023, 9: 52 pm, accessed March 12, 2023.
https://twitter.com/CMShehbaz/status/1621552190530756609?lang=en.
18. “Prime Minister Muhammad Shehbaz Sharif chairs 40th meeting of National Security Committee,” PMO online, January 02, 2023, accessed January 30, 2023.
https://www.pmo.gov.pk/press_release_detailes.php?pr_id=4530.
19. Imran Hafeez, Imtiaz Ali, “Death toll of Karachi police chief office attack rises to 5; FIR registered,” Dawn online, February 19, 2023, accessed March 11, 2023.
https://www.dawn.com/news/1738000.
20. Kamran Yousaf, “Afghan Taliban want Pakistan to 'bear cost' of disarming TTP,” Express Tribune online, February 24, 2023, Accessed February 28, 2023.
https://tribune.com.pk/story/2403028/afghan-taliban-want-pakistan-to-bear-cost-of-disarming-ttp.
21. “KHAWAJA ASIF TO SUMMON FAIZ HAMEED TO PARLIAMENT,” ARY News online, February 21, 2023, accessed March 09, 2023.
https://arynews.tv/khawaja-asif-to-summon-faiz-hameed-to-parliament/.
8 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Rein-in Intelligence Agencies:


PTI Chairman requests
President
In a letter to President of Pakistan, chairman
Pakistan Tehreek e Insaf (PTI) Mr. Imran Khan
conveyed an unanimously passed resolution by
the party's core and parliamentary committees
requesting the President to intervene and “stop
interference [of intelligence agencies] in the
political process.”

The letter, it was reported, included a transcript


of the media talk by Khyber Pakhtunkhwa (KP)
Governor where he had said that elections for KP
Provincial Assembly might not be held in 90 days
owing to request by tribal leaders to postpone
elections, demand for a fresh census or advice
Former PM, Mr. Imran Khan and President, Dr. Arif Alvi
by intelligence agencies to postpone elections. .

PM Appoints 7 more SAPMs


On February 08, Prime Minister appointed seven
new Special Assistants on a pro bono basis,
increasing the total number of Ministers,
Ministers of State, Advisors and Special
Assistants to 85, the highest number since the
th
passage of 18 Constitutional Amendment in
2010 and the second highest ever in the history
of the country. The highest number was 91
during the period of Syed Yusuf Raza Gilani as
Prime Minister from 2008 to 2012.

One of the newly-appointed SAPMs, Mr. Abid


Raza from PML-N reportedly declined to accept
the post. Interior Minister Rana Sanaullah said that the newly-appointed SAPMs will not avail any official
perks and privileges. As of February 08, Federal Cabinet, Advisors, Special Assistants and Parliamentary
Secretaries included 34 Federal Ministers, 7 Ministers of State, 4 Advisers, 39 SAPMs, and 38 Parliamentary
Secretaries in the National Assembly.

22. Ahmad Fraz Khan, “Stop intel agencies from meddling in politics, Imran asks Alvi,” Dawn online, February 03, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1735070.
23. Shakeel Farman Ali, “Governor doesn't see KP elections in 90 days,” Geo TV online, January 27, 2023, accessed March 07, 2023.
https://www.geo.tv/latest/467563-governor-doesnt-see-kp-elections-in-90-days.
24. “SPECIAL ASSISTANTS TO THE PRIME MINISTER,” National Assembly online, Accessed March 13, 2023.
https://na.gov.pk/en/assistants_list.php
25. Syed Irfan Raza, “Cabinet 'hoards' seven SAPMs amid economic crisis,” Dawn online, February 09, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1736092/cabinet-hoards-seven-sapms-amid-economic-crisis.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 9

PM launches austerity drive

PM launching an austerity drive in a presser

On February 22, Prime Minister Mr. Shehbaz Sharif launched an austerity drive aimed at saving the
government Rs. 200 billion a year.

The measures included cabinet members forgoing their salaries, benefits, and luxury cars, and flying
economy class. The move came as the government tried to secure funds worth US $ 1 billion from the
International Monetary Fund (IMF) to stave off an economic meltdown amid a balance-of-payments crisis
and high inflation. The government shall also be implementing a ban on the import of luxury items and
official vehicles for over a year, fewer foreign visits, and a ban on cabinet members staying in five-star hotels.
The government will also sell spacious houses given to government officers and open government offices at
7:30am to save electricity and gas. The armed forces will also reduce non-combat expenditure, and the
government will cut the size of the federal cabinet. PM said the meeting also decided that no administrative
unit, tehsil, district, division and province would be carved out anywhere in the country for the next two
years.

26. @CMShehbaz Twitter, February 23, 2023,9: 13 a.m, accessed March 26, 2023.
https://twitter.com/CMShehbaz/status/1628608927075008513?cxt=HHwWgoCwhZjM_ZktAAAA.
27. Syed Irfan Raza, “Belt-tightening ordered to avert economic storm,” Dawn online, February 23, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1738655/belt-tightening-ordered-to-avert-economic-storm.
10 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

New Audio leaks


On February 16, Interior Minister, Rana Sanaullah at a press
conference played the audio tapes alleged to be of former CM
Punjab Chaudhry Parvez Elahi and directed the FIA to register a
case against and arrest him after authenticating the audio
through a forensic audit. The Interior Minister also requested the
Supreme Court to take steps to “prevent an irreparable loss to its
credibility.” Chaudhry Parvez Elahi

The audio tapes are allegedly related to get the Rs460 million corruption case against Mr. Elahi's former
principal secretary Mr. Muhammad Khan Bhatti fixed before a sitting apex court judge supposedly
“managed” by Mr. Elahi.

In one of the audio clips, Mr. Parvez is heard asking a man to get Mr Bhatti's case fixed before a sitting
Supreme Court judge [Justice Mazahar Naqvi]. The man then responded by saying that “he will go to
Islamabad today.” “He was saying today that they'll send [the case] to Islamabad. We will try in the process
which starts after that,” the man added. The voice appearing to be that of Mr. Elahi then went on to say that
the judge was “very audacious”, to which the man replied: “Yes, he is, I know (him).”

In the second audio clip a voice appearing to be that of Mr. Elahi told another man that a specific case had to
be fixed for hearing before the Supreme Court judge. The other man is then heard asking whether the case
had been filed, to which Mr. Elahi responded in the affirmative and then referred him to the man Mr. Elahi
talked to in the previous audio for details. “It will be alright. Do not share this with anybody.” The man then
talked about the case of former Lahore CCPO Mr. Ghulam Muhammad Dogar and Mr. Elahi said he would talk
(manage).

In another audio, Mr. Elahi is heard talking to the judge he wanted the case to be fixed before. His voice could
be heard telling the judge that he was coming to meet him. The man on the other side tried to convince him
that it would not be appropriate, but Mr Elahi insisted he was close by and would be coming without
protocol. He also says he will pay Salam and leave.

New Attorney General of


Pakistan
On February 02, President of Pakistan approved the appointment of Barrister
Shehzad Ata Elahi as the new Attorney General of Pakistan (AGP).

Earlier, on December 24, 2022, President had approved the summary of nomination
of Mr. Mansoor Usman Awan as the new AGP, but Mr. Awan recused himself from
accepting the position.Reportedly, Mr. Awan became a victim of judicial politics as his Mr. Shehzad Ata Elahi
appointment was dislike by some in the Judiciary. The Supreme Court had also expressed its displeasure
earlier over the Federal Government's delay in appointing a new AGP.

28. Ifikhar A. Khan, “FIA told to act against Parvez Elahi after 'audio leaks',” Dawn online, February 17, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1737565/fia-told-to-act-against-parvez-elahi-after-audio-leaks.
29. The President of Pakistan @PresOfPakistan Twitter, February 02, 2023, 7:14 pm, accessed February 20, 2023.
https://twitter.com/PresOfPakistan/status/1621150121340866562?cxt=HHwWhMDU4cbcvf8sAAAA.
30. Hasnaat Malik, “Barrister Shehzad Elahi to become new AGP,” Express Tribune online, February 02, 2023, Accessed February 20, 2023.
https://tribune.com.pk/story/2398886/barrister-shehzad-elahi-to-become-new-agp.
31. Malik Asad, “After SC, IHC reproaches govt over law officer's vacant post,” Dawn online, January 25, 2023, Accessed January 31, 2023.
https://www.dawn.com/news/1733474/after-sc-ihc-reproaches-govt-over-law-officers-vacant-post.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 11

No adverse remarks by the


CJP on Prime Ministers: AGP
On February 13, the AGP, in a letter to the
Law Minister, clarified that no adverse
remarks were made by the Chief Justice of
Pakistan (CJP) regarding the honesty of
prime ministers in the country. His letter,
released to the media stated that “I (AGP)
was personally present in the court
during these proceedings and can
confirm that no such observation was
made.”

The AGP letter referred to the remarks


reported in the media by the CJP Bandial
where he had said that “only one prime
minister has come in Pakistan's history
Justice Umar Ata Bandial, Chief Justice of Pakistan
who was considered most honest. One
honest prime minister's government was
ended through 58 (2b). Article 58 (2b) was a draconian law. The court had said in 1993 that the government
was [sent packing] in the wrong manner but only elections should be conducted now.”

The AGP wrote that the CJP had recalled the regret expressed by the then Chief Justice of Pakistan (Justice
Nasim Hassan Shah) in the 1993 case of Muhammad Nawaz Sharif versus President of Pakistan. The CJP had
commented on the then-deposed prime minister (Mr Muhammad Khan Junejo) being a very good and
independent man who was removed through Article 58(2)(b) of the constitution.The AGP also clarified that
an incorrect version of certain observations by the CJP had been circulated on social media platforms.

Following these remarks, there was uproar in the Senate session where Senators questioned the authority of
the CJP in making such remarks. “Who gave him [CJP] the privilege to declare everyone from Liaquat Ali Khan
to Imran Khan dishonest,” questioned Senator Irfan Siddiqui of the PML-N in the Senate taking exception to
the observation by the CJP. Senator Siddiqui also wondered whether it would be acceptable if someone said
the country had just one honest chief justice. He also added that neither the judiciary nor the armed forces
were representatives of the people. “The parliament comprises the chosen representatives of the public and
it must not be ridiculed,” he said.

32. “CJP's 'honest prime minister' remark triggers debate in Senate,” The News International online, February 10, 2023, Accessed February 28, 2023.
https://www.thenews.com.pk/latest/1039401-cjps-honest-prime-minister-remark-triggers-debate-in-senate.
33. Nasir Iqbal, “CJP made no adverse remarks about PMs' honesty, says AGP,” Dawn online, February 14, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1737036/cjp-made-no-adverse-remarks-about-pms-honesty-says-agp.
34. Iftikhar A. Khan, “'Upper house incensed by judiciarys commentary,” Dawn online, February 11, 2023, accessed March 11, 2023.
https://www.dawn.com/news/1736527/upper-house-incensed-by-judiciarys-commentary.
12 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Mr. Imran Khan calls for inquiry


against former COAS
On February 10, former PM Mr. Imran
Khan called for an internal military
inquiry into General (Retd) Qamar Javed
Bajwa's alleged involvement in the ousting
of the PTI government.

In an interview with Voice of America, Mr.


Khan claimed that General (now Retd.)
Bajwa had admitted to being involved in
his regime change. Mr. Khan also accused
Gen. (Retd.) Bajwa of illegally tapping the
phones of top civilian leaders during his
service and peddling the narrative about
the anti-Washington government in
Former PM Mr. Imran Khan and former COAS Gen. (Retd.) Qamar Javed Bajwa Pakistan..

Mr. Khan also took a major shift from his earlier position and said in the interview that it was indeed not the
United States which was behind the ouster of his government. Instead he blamed Gen. (Retd.) Bajwa for
managing to convince the Americans that Mr. Khan was anti-American. He also referred to General Bajwa as
a “super king” and admitted that during his tenure as Prime Minister, he felt like a puppet with Gen. (Retd.)
Bajwa taking credit for all good decisions and assigning Mr. Khan's government the blame for all bad
decisions.

On February 14 in a letter former PM requested President to institute an “immediate inquiry” and action
against Gen. (Retd.) Bajwa for allegedly violating his oath of office multiple times and for toppling his
government.

On February 15, Mr. Khan, in a televised address, again accused Gen. (Retd.) Bajwa of violating his oath and
going against Article 14 of the Constitution by covertly monitoring sensitive conversations. In addition, Mr.
Khan accused Gen. (Retd.) Bajwa of peddling a narrative about an anti-Washington government in Pakistan
and pressuring him to condemn Russia for invading Ukraine after the Russia-Ukraine war.

Responding to the allegations levelled by Mr. Imran Khan, former Prime Minister Mr. Shahid Khaqan Abbasi
said that the allegations levelled by the PTI chairman against former COAS were about violation of the
Constitution and Mr. Khan could pursue his claims legally under Article 6 of the Constitution.

35. Mansoor Malik, “Imran calls for internal inquiry into Gen Bajwa's 'admission',” Dawn online, February 11, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1736518.
36. Mansoor Malik, “'Super king' Bajwa, not US, behind ouster: Imran,” Dawn online, February 13, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1736897.
37. Azam Malik, “Imran seeks 'immediate' inquiry against Bajwa in letter to president,” Dawn online, February 16, 2023, Accessed March 08, 2023.
https://www.thenews.com.pk/latest/1041246-imran-khan-seeks-immediate-inquiry-against-bajwa-in-letter-to-president.
38. “Imran accuses Bajwa of tapping phones of PM House,” The News International online, February 16, 2023, Accessed February 28, 2023.
https://www.thenews.com.pk/print/1041163-imran-accuses-bajwa-of-tapping-phones-of-pm-house.
39. “Imran could file treason case against Bajwa, says Abbasi,” Dawn online, February 12, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1736703/imran-could-file-treason-case-against-bajwa-says-abbasi.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 13

NAB Chairman resigns


On February 21, Mr. Aftab Sultan resigned from his
position as Chairman of the National Accountability
Bureau (NAB), after serving for eight (8) months. In a press
release issued by the NAB, outgoing NAB Chairman
expressed satisfaction at upholding “his principles” and
not bowing to any “pressure.” “I can neither initiate a false
case nor drop an established reference merely because
the culprit was related to some big shot,” the press release
quoted him as saying.
Mr. Aftab Sultan, former Chairman , National Accountability Bureau (NAB)

The PMO in a press release on February 21 shared that “The Chairman National Accountability Bureau, Mr.
Aftab Sultan presented his resignation to Prime Minister Muhammad Shehbaz Sharif citing personal reasons.
The Prime Minister appreciated the services of Mr. Aftab Sultan and lauded his honesty and uprightness. Upon
his insistence, the Prime Minister reluctantly accepted the resignation of Mr. Sultan.”

During the hearing of a case relating to amendments in the NAB law, the CJP expressed dissatisfaction with
the performance of the NAB as well as expressed regret over the resignation of Mr. Aftab Sultan describing
him as a highly professional police officer.

Proposed legislation seeking


5 year imprisonment for
ridiculing Pakistan Army
pending in the Cabinet
A proposed legislation by the Interior Ministry, titled the Criminal Laws Amendment Bill, 2023, which has
sought up to five-year imprisonment for scandalising or ridiculing the Pakistan Army and judiciary, has faced
opposition from leaders within the ruling alliance.

The amendment was placed before the Federal Cabinet in its meeting held on February 7 but it was not
approved due opposition by some members compelling PM to form a cabinet committee to decide the
matter.

The proposed amendment suggested inclusion of Section-500A after Section 500 of the PPC, titled
'Intentional ridiculing or scandalising of the state institutions etc' where the new section proposed
imprisonment for a term up to five years or a fine up to Rs. 1 million or both.

40. Syed Irfan Raza, “Irked by 'interference', NAB chairman quits office,” Dawn online, February 22, 2023, Accessed February 27, 2023.
https://www.dawn.com/news/1738483.
41. “Resignation of Chairman, National Accountability Bureau,” PMO online, February 21, 2023, accessed March 11, 2023.
https://www.pmo.gov.pk/press_release_detailes.php?pr_id=4638.
42. Nasir Iqbal, “CJP questions NAB role, says it's been 'unfair' at times,” Dawn online, February 24, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1738836.
43. Syed Irfan Raza, “Legislators divided over proposed law on 'ridiculing institutions',” Dawn online, February 09, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1736109/legislators-divided-over-proposed-law-on-ridiculing-institutions.
14 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

PTI Chairman again defends


plan to resettle the TTP
On February 01, Former Prime Minister of
Pakistan, Imran Khan again defended his
plan to relocate thousands of fighters
from the outlawed Tehreek-i-Taliban
Pakistan (TTP) to the country, following
the fall of Kabul in 2021.

Mr. Khan said that all stakeholders


including local leaders had been taken on
board regarding their resettlement in the
country as the PTI government had two
options: either kill all of them or reach an
agreement with them and allow them to
settle in the province. He further added
that the returning fighters (30 to 40, 000)
had many issues that needed to be resolved for peace in the province could be achieved. The process was
ongoing when he was removed from power on April 09, 2023.

Mr. Khan criticized the incumbent PDM government for derailing the peace process with the proscribed TTP
and said that the new government was completely clueless on how to deal with the resettlement issues,
which has led to a surge in terror incidents across Pakistan.

During a National assembly session on February 01, MNAs regretted Pakistan's decision to enter into
dialogue with militants and resettle them in the country during the previous PTI regime, calling it a “faulty”
move which was “never endorsed” by the Parliament.

On February 18, PTI leader, Dr Shireen Mazari claimed that Gen. (Retd.) Bajwa wanted to resettle such
members of the TTP who were Pakistani nationals arguing that if the militants accepted the Constitution and
laid down their arms, something should be done for their resettlement. Ms. Mazari also said that the PTI's
elected representatives from tribal areas opposed the suggestion but it was decided to form a committee
comprising elected representatives and military officials to build a consensus and then proceed with the
dialogue.

44. Ahmad Fraz Khan, “Imran defends plan to resettle TTP, warns against poll delay,” Dawn online, February 02, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1734886/imran-defends-plan-to-resettle-ttp-warns-against-poll-delay.
45. Iftikhar A. Khan|Amir Wasim, “National Assembly rues plan to resettle militants,” Dawn online, February 01, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1734676/national-assembly-rues-plan-to-resettle-militants.
46. “Resettlement of TTP fighters was Gen Bajwa's idea, says Mazari,” Dawn online, February 19, 2023, Accessed March 06, 2023.
https://www.dawn.com/news/1737944/resettlement-of-ttp-fighters-was-gen-bajwas-idea-says-mazari.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 15

Mr. Khan granted bail in three


cases

Mr. Imran Khan, Chairman, PTI

On February 28, former PM Mr. Imran Khan secured bail in three cases.

Mr. Khan appeared firstly before an anti-terrorism court in connection with a case related to violence
outside the ECP. In the prohibited funding case, he appeared in a banking court, while in the case regarding
the attack on Mr. Mohsin Ranjha, MNA-PML-N he went to the Islamabad High Court (IHC) where the IHC
Chief Justice granted him an interim bail. As he skipped the Toshakhana hearing, an additional district and
sessions judge issued his non-bailable arrest warrants.

In similar developments, on February 20, the LHC granted interim protective bail to Mr. Khan till March 3 in a
case related to an attack on the ECP building. The PTI lawyers argued that the petitioner had falsely been
implicated in the case and was assigned the role of abetment. After an ultimatum by the LHC to appear
before the bench by 5pm, the PTI chairman left his Zaman Park residence and took at least one hour to reach
the LHC. Accompanied by hundreds of supporters gathered on the party's call, Mr. Khan reached the LHC
but continued to stay inside his vehicle inside the LHC premises. Justice Ali Baqar Najafi, who headed the
division bench, had to order the SP Security to escort Mr Khan to the courtroom. The PTI lawyers said the
petitioner was unable to come out of his vehicle parked inside the LHC due to massive crowd and security
concerns. Subsequently, Mr Khan entered the courtroom at around 7:30pm.

On February 20, an anti-terrorism court (ATC) cleared Mr. Khan of terrorism charges related to the 2014 sit-
in and remanded the case to the sessions court. The court rejected the pre-arrest bail of Mr. Khan for not
attending the court's proceedings.

47. Malik Asad, “Imran gets bail in three cases, warrants in one.” Dawn online, March 01, 2023, Accessed March 02, 2023.
https://www.dawn.com/news/1739674.
48. Wajih Ahmad Sheikh, Syed Irfan Raza, “Imran appears in court after ruckus, gets bail,” Dawn online, February 21, 2023, accessed February 25, 2023.
https://www.dawn.com/news/1738311.
49. Malik Asad, “PTI chief cleared of terrorism charges in 2014 sit-in case,” Dawn online, February 21, 2023, accessed February 25, 2023.
https://www.dawn.com/news/1738284.
16 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Passage of Finance
(Supplementary) Bill, 2023
On February 20, the National Assembly passed
the Finance (Supplementar y) Bill, 2023
proposing additional taxes and duties of 170
billion rupees to meet the understanding
reached with the International Monetary Fund
for the Extended Fund Facility. The bill was
passed by the Senate on February 17.

Earlier, on February 14, President had refused to


issue an ordinance relating to fiscal measures
mandated by the International Monetary Fund
(IMF) which forced the government to introduce
the proposed measures as the Finance
Supplementary Bill, 2023 in the Parliament.

Finance Minister Senator Ishaq Dar had called on President Arif Alvi on February 14 to apprise him about the
talks with the IMF for the revival of the programme. The President appreciated the efforts of the government
in negotiating an agreement with the IMF, and assured that the state of Pakistan would stand by the
commitments made by the government with the IMF.

Induction, elevation process


flawed in the Supreme Court:
Justice (Retd.) Maqbool Baqir
Addressing a seminar to celebrate 1973 Constitution, former Judge
of the Supreme Court Justice (Retd.) Maqbool Baqar said that the
“flawed process of induction and elevation of the apex court judges
was one of the factors responsible for repeated failures of the
judiciary to uphold the Constitution.” The flawed process of
induction and elevation suffers from lack of transparency and
objectivity and it is now believed in common perception that
“inductions and elevations are based on favouritism and nepotism,”
he added. He regretted that said that despite strong and repeated
demands from the bar, civil society and majority of the members of
the Judicial Commission for defining criteria for judicial
Justice (Retd.) Maqbool Baqir appointments, no effort has been made in that direction. “Nor is a
50. “NA passes Finance Supplementary Bill 2023,” Radio Pakistan online, February 20, 2023, Accessed March 13, 2023.
https://www.radio.gov.pk/20-02-2023/na-passes-finance-supplementary-bill-2023.
51. “Senate adopts recommendations on Finance (Supplementary) Bill 2023,” APP online, February 17, 2023, accessed March 30, 2023.
https://www.app.com.pk/national/senate-adopts-recommendations-on-finance-supplementary-bill-2023/.
52. Mubarak Zeb Khan, “Govt turns to parliament after Alvi 'refuses' ordinance,” Dawn online, February 15, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1737253/govt-turns-to-parliament-after-alvi-refuses-ordinance. .
53. Tahir Siddiqui, “Induction, elevation process of superior court judges termed flawed,” Dawn online, February 27, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1739327/induction-elevation-process-of-superior-court-judges-termed-flawed.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 17

plausible reason or justification given when senior judges, despite their impeccable records, are superseded
by their juniors,” he deplored.

Justice Baqar also criticised the composition of benches and assignment of cases of national significance to a
select few, whose judgements as well as conduct were being widely questioned. This also affected in the
public eye the “independence and legitimacy of the judiciary.” “Judicial overreach, rewriting of statutes and
reading into the constitution is another matter of great concern,” he added.

Justice Baqar also said that Judiciary's image also suffers through its “repeated failures .. to uphold the
constitution and protect democracy.” This role of the Judiciary has played its part “in the country's current
political, economic and social woes.”

Bye-Elections
On February 15, the Pakistan Peoples Party (PPP) decided to
stay away from the upcoming by-polls on National
Assembly seats following the persuasion by other parties in
the Pakistan Democratic Movements (PDM).

The PML-N had already decided not to participate in the


by-polls, leaving the PPP as the only undecided party. The
indecision surrounding PPP's participation led the party to
take the matter to its parliamentary board, which gave
party chairperson, Mr. Bilawal Bhutto-Zardari the authority
to make the appropriate decision.
On February 20, the LHC suspended a decision of the ECP
regarding the de-notification of 30 more MNAs of the PTI from Punjab. Issuing the interim order on petitions
filed by Mr. Shafqat Mahmood and others, Justice Shahid Karim also suspended the process of by-elections
in the petitioners' constituencies.

On February 8, Justice Shahid Karim had also suspended another notification of the ECP regarding
acceptance of resignations of 43 PTI MNAs. Senator Syed Ali Zafar, who represented the petitioners, argued
that a three-pronged procedure prescribed by the Constitution must be followed before the Speaker can
accept the resignation of any MNA.

On February 24, 24 MNAs belonging to the PTI from Khyber Pakhtunkhwa also moved the Peshawar High
Court (PHC) against the acceptance of their resignations by the Speaker National Assembly and their
subsequent de-notification by the ECP.

54. Syed Irfan Raza, “PM convinces Bilawal to steer clear of by-polls,” Dawn online, February 16, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1737420.
55. “LHC suspends de-notification of 30 more PTI MNAs,” Dawn online, February 21, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1738309/lhc-suspends-de-notification-of-30-more-pti-mnas.
18 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Parliament amends ICT LG


Law again
On February 08, in a further amendment in the “Islamabad
Capital Territory Local Government Amendment Bill 2022”
the Parliament removed the provision of direct elections of
mayor and deputy mayors in the capital, Islamabad. The
new amendment, which was presented by PML-N Senator
Rana Maqbool Ahmad, was approved in a joint sitting.
Under the new amendment, elections of mayor and deputy
mayor will be held indirectly.

It must be noted that earlier on February 01, President had refused to sign the same bill on the position that it
would further delay the local government elections which was against democratic principles. The
amendment in Section 2 of the bill had already caused the postponement of the polls that were initially
scheduled for December 31, 2022. Before the bill was sent to the President, the IHC had ordered the ECP to
hold by-election on December 31, 2022. However, the federal government challenged the decision, and the
ECP was unable to implement it due to a lack of time and resources.

PPP requests ECP to hold


election of mayor in 11 union
councils in Karachi
On February 20, the PPP requested the ECP to announce the schedule for early
elections of the city mayor and deputy mayor in Karachi, despite 11 union
committees still having to hold elections.

The PPP had emerged as the single largest party in the local government polls
held on January 15, 2023, in Karachi. Senator Taj Haider, in charge of the PPP's
election cell, wrote a letter to the Chief Election Commissioner, stating that it
was unfair for almost 250 members who have been elected to the House of
Karachi Metropolitan Corporation to be deprived of their legitimate right to elect their Mayor.

The Jamaat-i-Islami (JI) had demanded that the ECP announce the schedule for polling in the remaining 11
union committees before the voting for Karachi mayor, in order to complete the local government electoral
process and reinstate a local government in the metropolis. The JI even staged a protest sit-in outside the
ECP Karachi office in February 11, 2023 to press for the same demand.

56. Kashif Abbasi, “Parliament reverts to indirect election for mayor, deputies,” Dawn online, February 09, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1736140
57. Syed Irfan Raza, “Alvi refuses to sign bill on LG polls in Islamabad,” Dawn online, January 02, 2023, Accessed January 28, 2023.
https://www.dawn.com/news/1729471.
58. “PPP asks ECP to hold mayor's election before polls on 11 UCs,” Dawn online, February 21, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1738261/ppp-asks-ecp-to-hold-mayors-election-before-polls-on-11-ucs.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 19

Court grants bail to Senior


Vice President, PTI
On February 1, the Islamabad High Court (IHC) granted post-
arrest bail to Mr. Fawad Chaudhry, Senior Leader, PTI in the
case lodged by the Election Commission of Pakistan (ECP) for
threatening the ECP chief and its members.

On January 25, Mr. Fawad Chaudhry was arrested in Lahore. His


arrest was widely condemned by politicians and journalists,
and PTI moved a habeas corpus petition before the Lahore High
Court (LHC) seeking his recovery. During the hearing, the ECP
counsel read out the contents of the FIR, which included
charges of sedition (Section 124-A (sedition), 153-A (promoting Mr. Fawad Chaudhry
enmity between different groups, 505 (statements conducing to public mischief), and 506 (punishment for
criminal intimidation).

Former General arrested for


allegedly inciting Public
against Institutions
On February 28, Lt. Gen. (Retd.) Amjad Shuaib was arrested in
Islamabad after a local court granted the custody of the accused in a
case related to creating public mischief and inciting the public
against institutions.

The charges against Lt. Gen. (Retd.) Shuaib were related to


comments he made during a talk show on a private TV channel,
where he suggested that the opposition should issue a call for
Lt General (Retd) Amjad Shuaib
government employees to boycott their legal duties. The
prosecution sought a seven-day physical remand for the suspect, including voice and photogrammetric
tests, but the defence counsel opposed the request, arguing that the suspect had the right to criticize the
government. The civil judge noted that it was the first request for physical remand of a suspect involved in a
case with non-bailable offences. PTI Chairman reacted strongly to Lt. Gen. (Retd.) Shoaib's arrest saying
democracy and freedom were being destroyed in Pakistan.

59. Malik Asad, “Fawad granted bail, warned against repeating remarks,” Dawn online, February 02, 2023, Accessed February 25, 2023.
https://www.dawn.com/news/1734895.
60. Wajih Ahmad Sheikh | Malik Asad | Munawer Azeem, “Fawad 'picked up' in attempt to silence PTI mouthpiece,” Dawn online, January 26, 2023, Accessed January 31, 2023.
https://www.dawn.com/news/1733663/fawad-picked-up-in-attempt-to-silence-pti-mouthpiece.
61. Syed Irfan Raza, “Fawad seeks medical tests to prove 'custodial torture',” Dawn online, January 30, 2023, Accessed January 31, 2023.
https://www.dawn.com/news/1734340/fawad-seeks-medical-tests-to-prove-custodial-torture.
62. Malik Asad, “Former general remanded to police for 'public mischief',” Dawn online, February 28, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1739534.
20 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Former Chief of
Army Staff,
President and
the Coup-maker
passes away General (Retd.) Pervez Musharraf

Former military dictator General (Retd.) Pervez Musharraf passed away on February 05 at the age of 79 in
Dubai.

Gen. (Retd.) had left Pakistan for medical treatment in 2016, two years after being indicted by a court for
suspending the Constitution in November 2007. In December 2019, a special court sentenced him to death in
a high treason case. However in January 2020, 3 judge bench of the LHC headed by Justice Syed Mazahar Ali
Akbar Naqvi, and comprising Justice Mohammad Ameer Bhatti and Justice Mohammad Masood Jahangir
declared unconstitutional all actions taken against Gen. (Retd.) Musharraf, including the filing of a complaint
on high treason charge and the formation of a special court as well as its proceedings, leading to the abolition
of the death penalty handed down to him by the trial court.
As a condolence message, Prime Minister Muhammad Shehbaz Sharif tweeted that “I offer my condolences
to the family of General (rtd) Pervez Musharraf. May the departed soul rest in peace!” PTI Chairman and
former PM Mr. Imran Khan also tweeted that “on the passing of General (Retd.) Pervez Musharraf my
condolences and prayers go to his family. May Allah give them strength to bear this loss.” Former Prime
Minister Mr. Muhammad Nawaz Sharif simply tweeted the verse of ‫( ِ”إ ِ ٰ ِ َ ِوإ ِإ َ ْ ِ َرا ِ ُ ـــ ن‬we belong to Allah, and to
Him we return).

His funeral was held on February 07 in Karachi and his funeral prayers were joined by Chairman Joint Chiefs
of Staff Committee and former Army Chiefs including Gen. (Retd.) Qamar Javed Bajwa and Gen. (Retd.)
Ashfaq Parvez Kayani. Leaders of the MQM-P including Mr. Khalid Maqbool, Mr. Mustafa Kamal and Mr.
Farooq Sattar also attended the funeral prayers.

63. Wajih Ahmad Sheikh, “LHC throws out death penalty for Musharraf,” Dawn online, January 14, 2020, Accessed March 08, 2023.
https://www.dawn.com/news/1528187.
64. @CMShehbaz Twitter, February 05, 2023, 12: 46 pm, accessed March 26, 2023.
https://twitter.com/CMShehbaz/status/1622139543699832832?lang=en.
65. @ImranKhanPTI Twitter, February 06, 2023, 12: 12 pm, accessed March 26, 2023.
https://twitter.com/ImranKhanPTI/status/1622312138030125056?lang=en.
66. @NawazSharifMNS Twitter, February 05, 2023, 3: 25 pm, accessed March 26, 2023
https://twitter.com/NawazSharifMNS/status/1622179667410051072?lang=en.
67. Imran Ayub, “All set for Musharraf's burial today,” Dawn online, February 07, 2023, Accessed March 13, 2023.
https://www.dawn.com/news/1735746.
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 21

Chaudhry Parvez Elahi joins


the PTI
On February 21, Chaudhry Parvez Elahi, senior leader,
Pakistan Muslim League (PML)/former CM Punjab,
joined the PTI along with 10 other former MPAs from
Punjab Assembly.

After a meeting between Mr. Elahi and PTI Chairman,


Mr. Imran Khan, it was decided that Mr. Elahi would
become the Central President of the PTI, a position that
had been vacant since 2014.

On February 14, Mr. Elahi's membership was terminated


by the PML after he made comments about merging the
Chaudhry Parvez Elahi, former CM Punjab
party with the PTI. This led to a dispute within the party,
with Mr. Elahi briefly removing Chaudhry Shujaat Hussain from the party presidency and replacing him with
his younger brother. However, the ECP ruled in favour of Mr. Hussain and equipped him with the power to
terminate Mr. Elahi's membership.

LHCBA elects first


woman secretary
On February 25, the Lahore High Court Bar Association (LHCBA)
made history by electing a woman secretary for the first time since
its inception in 1893.

Ms. Sabahat Rizvi bagged 4,310 votes (Ms. Rizvi's first election)
against her two male rivals to become secretary of the LHCBA in the
election held for the year 2023-2024. She has been association with
the Independent group, also known as Ms. Asma Jahangir group,
however, a majority of the lawyers supported her beyond groupings.

Ms. Sabahat Rizvi, Secretary LHCA

68. Ahmad Fraz Khan, “After 'family feud', Parvez Elahi pledges allegiance to Imran,” Dawn online, February 22, 2023, Accessed February 27, 2023.
https://www.dawn.com/news/1738489.
69. Wajih Ahmad Sheikh, “LHCBA elects first-ever woman secretary,” Dawn online, February 26, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1739131.
22 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Command and Staff College


(CSC) Delegation calls on CJP
On Februar y 06, a delegation from the
Command and Staff College (CSC), Quetta, called
on the CJP Justice Umar Ata Bandial at the
Supreme Court. The delegation comprised
course participants from officers of the armed
forces of 25 friendly countries.

The CJP gave an overview of the Constitution


and briefed the delegation about trichotomy in
Pakistan, the judicial system and constitutional
jurisdiction of the Supreme Court and high
courts. CSC delegation with the CJP

The CJP also said that the Armed Forces in Pakistan had a constitutional role of the country's defence and to
aid civilian government, adding that in performing their duties, soldiers of all ranks have laid down their lives
in the service of the country.

Speaker National Assembly


meets Foreign Dignitaries

Raja Pervez Ashraf, Speaker, National Assembly of Pakistan

1. On February 07, President of the Inter-Parliamentary Union Mr. Duarte Pacheco called on Raja Parvez
Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.

70. “Quetta staff college delegation calls on CJP,” Dawn online, February 07, 2023, accessed March 09, 2023.
https://www.dawn.com/news/1735678/quetta-staff-college-delegation-calls-on-cjp.
71. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 07, 2023, 12: 20 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1622857809577627649
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 23

2. On February 08, H.E. Mr. Atadjan Movlamov & Mr. Hemra Annamuhammedov from Embassy of
Turkmenistan called on Raja Parvez Ashraf, Speaker, National Assembly at the Parliament House,
Islamabad.

3. On February 10, Raja Parvez Ashraf, Speaker, National Assembly met with Ambassador of Syria Arab
Republic H.E. Ramez Alraee at the Parliament House, Islamabad.

4. On February 10, Raja Parvez Ashraf, Speaker, National Assembly met with Turkish Ambassador H.E Mr.
Mehmet Pacaci at the Turkish Embassy, Islamabad .

5. On February 13, Ms. Sharmeela Rasool, UN Women Country Representative, Pakistan met with Raja
Parvez Ashraf, Speaker, National Assembly at the National Convention of Women Parliamentarians in
Islamabad.

6. On February 14, Mr. Adama Bictogo, Speaker of the National Assembly of Ivory Coast, met with Raja
Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.

7. On February 14, All Parties Parliamentary Group on Freedom of Religion or Belief called on Raja Parvez
Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.

8. On February 22, Ambassador of Kingdom of Saudi Arabia, Mr. Nawaf bin Said Al-Malki, called on Raja
Parvez Ashraf, Speaker, National Assembly at the Parliament House, Islamabad.

9. On February 28, Speaker Raja Parvez Ashraf met with Ambassador of Hungary Mr. Béla Fazekas at the
meeting of Pakistan-Hungary Parliamentary Friendship Group at the Parliament House, Islamabad.

72. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 08, 2023, 12: 42 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1623225777197047808?cxt=HHwWgICzgdDP7YYtAAAA
73. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 10, 2023, 11: 11 a.m, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1623927666712924160?cxt=HHwWgMDStfzmrIktAAAA.
74. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 10, 2023, 1: 01 p.m, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1623955413053095937?cxt=HHwWgoDS4YK2uYktAAAA
75. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 13, 2023, 12: 18 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1625031658146607104?cxt=HHwWgMC9yd3roo0tAAAA
76. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 14, 2023, 12: 15 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1625393329885130753?cxt=HHwWgsC9geanx44tAAAA
77. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 14, 2023, 5: 26 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1625471499673935873?cxt=HHwWgoCxqfDt6o4tAAAA
78. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 22, 2023, 2: 55 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1628332547515064321?cxt=HHwWgoC97eP0_5gtAAAA
79. Speaker-National Assembly of Pakistan @NASpeakerPK Twitter, February 28, 2023, 3: 55 pm, accessed February 28, 2023.
https://twitter.com/NAofPakistan/status/1630521961573957632.
24 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

Chairman Senate meets


Foreign Dignitaries

Senator Muhammad Sadiq Sanjrani, Chairman Senate of Pakistan

1. On February 02, Honorary Consul of Federal Republic of Germany, Quetta, Mir Murad Baluch, called
on Senator Muhammad Sadiq Sanjrani, Chairman Senate, at the Parliament House, Islamabad.

2. On February 07, President of the Inter-Parliamentary Union Mr. Duarte Pacheco called on Senator
Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.

3. On February 08, Participants of First Ever Road Safety Conference met with Senator Muhammad
Sadiq Sanjrani, Chairman Senate at First Ever Road Safety Conference in Islamabad.

4. On February 15, Mr. Adama Bictogo, Speaker of the National Assembly of Ivory Coast called on Senator
Muhammad Sadiq Sanjrani, Chairman Senate at Parliament House, Islamabad.

5. On February 17, Ambassador of Saudi Arabia, H.E. Nawaf Bin Said Al-Malki, called on Senator
Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.

6. On February 21, H.E Mr. Andreas Ferrarese, the Italian Ambassador to Pakistan called on Senator
Muhammad Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.

80. “Honorary Consul of Federal Republic of Germany, Quetta, Mir Murad Baluch Calling on Chairman Senate, Muhammad Sadiq Sanjrani at Parliament House, Islamabad,” Senate of Pakistan online, February 02, 2023, accessed February
25, 2023. https://senate.gov.pk/en/news_content.php?id=4765
81. “President of the Inter-Parliamentary Union Mr. Duarte Pacheco called on Chairman Senate Muhammad Sadiq Sanjrani here at Parliament House,” Senate of Pakistan online, February 07, 2023, accessed February 25, 2023.
https://senate.gov.pk/en/news_content.php?id=4770.
82. “President of Pakistan Dr Arif Alvi and Chairman Senate, Muhammad Sadiq Sanjrani, President International Parliamentarians Congress (IPC) in a group photo with participants of First Ever Road Safety Conference for
Parliamentarians Hosted by The International Parliamentarians Congress (IPC) in Islamabad” Senate of Pakistan online, February 08, 2023, accessed February 25, 2023.
https://senate.gov.pk/en/news_content.php?id=4774
83. “Chairman Senate, Muhammad Sadiq Sanjrani Exchanging Views with Mr. Adama Bictogo, Speaker of The National Assembly of Ivory Coast in Islamabad,” Senate of Pakistan online, February 15, 2023, accessed February 25, 2023.
https://senate.gov.pk/en/news_content.php?id=4788
84. “Saudi Ambassador Calls on chairman Senate, exchanges views on strengthening multi-dimensional ties, enhanced trade co-operation,” Senate of Pakistan online, February 17, 2023, accessed February 25, 2023.
https://senate.gov.pk/en/news_content.php?id=4793
85. “H.E Andreas Ferrarese, the Italian Ambassador to Pakistan, called on the Chairman Senate, Muhammad Sadiq Sanjrani, at the Parliament House in Islamabad.,” Senate of Pakistan online, February 21, 2023, accessed February 25, 2023.
https://senate.gov.pk/en/news_content.php?id=4797
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 25

7. On February 28, Ambassador of Kazakhstan, H.E. Mr. Yerzhan Kistafin called on Senator Muhammad
Sadiq Sanjrani, Chairman Senate at the Parliament House, Islamabad.

COAS did not visit the US: ISPR


On February 9, 2023, the Inter-
Services Public Relations (ISPR)
stepped in to deny the rumours that
the COAS was on a visit to the United
States.

In a twitter statement, the ISPR


stated that “there have been baseless
speculations on social media that
COAS is visiting USA.” It added that
the “COAS is on an official visit to UK
f ro m 5 t h t o 1 0 t h F e b r u a r y i n
connection with 5th Pakistan-UK
Stabilisation Conference.”

Rumours had surfaced on social media that the COAS, had secretly travelled to the United States while on a
visit to the United Kingdom.

Interactions of
COAS with
Foreign
Dignitaries
The following foreign dignitaries called on General
Syed Asim Munir, Chief of Army Staff (COAS) during the
month:

General Syed Asim Munir, Chief of Army Staff

86. “The Ambassador of Kazakhstan, H.E. Yerzhan Kistafin called on the Chairman Senate of Pakistan, Muhammad Sadiq Sanjrani, at the Parliament House in Islamabad,” Senate of Pakistan online, February 28, 2023, accessed March 01,
2023. https://senate.gov.pk/en/news_content.php?id=4810.
87. DG ISPR @OfficialDGISPR Twitter, February 09, 2023, 5: 39 pm, accessed March 09, 2023.
https://twitter.com/OfficialDGISPR/status/1623662911943057413?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Etweet.
26 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS February 2023

1. On February 06, General Syed Asim Munir, Chief of Army Staff (COAS) met with UK Army Chief
General Sir Patrick Sanders at Wilton Park in United Kingdom.

2. On February 11, General Syed Asim Munir, Chief of Army Staff (COAS) met with President Sheikh
Mohamed bin Zayed Al Nahyan at Abu Dhabi's Qasr al Shati Palace.

Prime
Minister's
Interactions
with COAS
General Syed Asim Munir with PM, Mr. Shehbaz Sharif

Prime Minister Mr. Shahbaz Sharif, and Chief of Army Staff (COAS), General Asim Munir met four times
during the month of February 2023.

1. On February 03, PM and COAS met during the meeting of the Apex Committee at Peshawar. Defence
Minister Khawaja Muhammad Asif was not present in the meeting.

2. On February 14, PM and COAS met during the multinational maritime Exercise Aman-23 organised by
Pakistan Navy in Karachi. Defence Minister Khawaja Muhammad Asif was not present in the meeting.

3. On February 24, PM and COAS met at the Prime Minister House, Islamabad. Defence Minister,
Khawaja Muhammad Asif was not present in the meeting.

4. On February 24, PM and COAS met during a meeting of the Central Apex Committee at Islamabad,
Defence Minister, Khawaja Muhammad Asif was present in the meeting.

88. Murtaza Ali Shah, “General Asim Munir in UK on five-day official visit,” The News International online, February 06, 2023, accessed February 25 2023.
https://www.thenews.com.pk/print/1037921-general-asim-munir-in-uk-on-five-day-official-visit.
89. “UAE president meets COAS, discusses bilateral ties,” Geo News online, February 11, 2022, accessed February 25, 2023.
https://www.geo.tv/latest/470409-uae-president-meets-coas-discusses-bilateral-ties.
90. Kamran Yousaf, “Pakistan to seek Akhundzada's help against TTP,” Express Tribune online, February 03, 2023, Accessed February 28, 2023.
https://tribune.com.pk/story/2399218/pakistan-to-seek-akhundzadas-help-against-ttp.
91. Shazia Hassan, “PM in attendance as multinational maritime exercise ends,” Dawn online, February 15, 2023, Accessed February 28, 2023.
https://www.dawn.com/news/1737244/pm-in-attendance-as-multinational-maritime-exercise-ends.
92. “Army chief, DG ISI call on PM Shehbaz to discuss security matters,” Daily Pakistan online, February 24, 2023, Accessed February 28, 2023.
https://en.dailypakistan.com.pk/24-Feb-2023/army-chief-dg-isi-call-on-pm-shehbaz-to-discuss-security-matters.
93. Kamran Yousaf, “Afghan Taliban want Pakistan to 'bear cost' of disarming TTP,” Express Tribune online, February 24, 2023, Accessed February 28, 2023.
https://tribune.com.pk/story/2403028/afghan-taliban-want-pakistan-to-bear-cost-of-disarming-ttp
February 2023 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 27

Demand for early election in


Peru amid public protests
Public protests have continued across Peru as public has demanded
new elections in the country. The public demand has begun since
December 2022 after former left-wing President Pedro Castillo was
ousted. 48 people have been reported as killed in clashes between
demonstrators and security forces.

On February 02, Peruvian President Dina Boluarte put forward a


new bill to bring elections forward to 2023 to calm protesters
around the country. The bill has proposed holding congressional
and presidential elections in October 2023 with elected officials
taking power in late December 2023. Elected officials would serve a
five-year term until July 2028. However, as a fractured Congress has
repeatedly failed to come to an agreement after weeks of political
infighting.
Peruvian President Dina Boluarte

94. “Peru President Unveils New Bill for 2023 Election Amid Congress Infighting,” Voice of America (VOI) online, February 03, 2023, accessed March 09, 2023.
https://www.voanews.com/a/peru-president-unveils-new-bill-for-2023-election-amid-congress-infighting-/6946151.html.
Islamabad Office: P. O. Box 278, F-8, Postal Code: 44220, Islamabad, Pakistan
Lahore Office: 92-CCA, DHA, Phase 8 (Ex-Park View), Lahore, Pakistan
E-mail: [email protected] | Website: www.pildat.org

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