Political crisis deepens as CJ refuses to form full court in election postponement case

A general view of the Supreme Court of Pakistan building at the evening hours, in Islamabad, Pakistan on April 7, 2022. (REUTERS/File)
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Updated 31 March 2023
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Political crisis deepens as CJ refuses to form full court in election postponement case

  • Chief justice says the Supreme Court will take a break if political parties begin to negotiate and settle the matter
  • Legal experts say CJ’s leadership capability has come under question after the recusal of two judges hearing the case

ISLAMABAD: The ongoing tussle between the government and judiciary intensified in Pakistan on Friday after a three-member bench resumed hearing a petition filed by former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party against the election postponement in Punjab province, while refusing to form a full court to adjudicate the matter.
The country’s election commission announced the postponement of the Punjab polls this month, citing security, administrative, and financial reasons, after the province’s legislative assembly was dissolved by Khan’s party in January to force the incumbent administration to hold early general elections in the country. The PTI filed the petition against the commission’s decision since Pakistan’s constitution requires that elections must be held within 90 days of the dissolution of an assembly.
The Supreme Court’s proceedings were delayed on Friday after two senior judges, Justice Jamal Mandokhail and Justice Amin-ud-Din Khan, parted ways from the five-member bench that originally took up the PTI petition. The development followed the approval of a bill by the upper house of parliament on Thursday to curtail the chief justice’s power to use “suo motu” authority, which allows the court to open cases on its own to address issues that it deems to be of public interest.
The government, which recently presented a National Assembly resolution demanding an end to the top court’s “interference” in political matters, requested a full court hearing, although the chief justice said it would waste time since the bench had already heard the case for three consecutive days.
“It will take time for the new judges to understand the case,” Chief Justice Umar Ata Bandial remarked.
He said that the court was willing to “take a break” if the government and the opposition PTI party started negotiating over the election date. However, he also warned that the court would play its constitutional role if the political parties failed to make headway.
Giving reasons for a delay in the elections beyond 90 days, Attorney-General of Pakistan Mansoor Awan told the court that the country was running a deficit of Rs1,500 billion, which was expected to rise further until June.
The Supreme Court summoned defense and finance secretaries on Monday to get input on the security personnel and funds needed to hold the elections. The chief justice also hoped that next week’s sun would rise “with good news.”
LEGISLATION TO REDUCE CHIEF JUSTICE’S POWERS
Meanwhile, legal experts said the recent legislation to curtail the chief justice’s power would ultimately land in the courts for judicial review while commenting on the ongoing tussle between the government and judiciary.
“The fact that a law will also address some concerns raised by certain political parties is not a good enough reason to be suspicious about its constitutionality,” advocate Waqqas Mir said while speaking to Arab News.
“I feel the proposed law will force the Supreme Court to have an urgent conversation within its members about whether they want the important issues [relating to suo motu and constitution of benches] to be addressed by politicians or by themselves,” he added.
Mir said the recusals of the judges were not happening because they wanted the elections to be delayed but “the clearly stated reason for recusals is reasoned disagreements by judges about the exercise of discretion to form benches and exercise of powers under Article 184(3) of the constitution.”
“Disagreements over ideas, interpretations, and principled positions are not necessarily a bad thing,” he said. “As long as personal collegiality remains between judges, the institution should come out stronger.”
However, advocate Imran Shafique said the recusal of the judges in the elections delay case was a manifestation of a “full-blown crisis and unrest” in the Supreme Court, which would weaken the institution in the longer run.
“Unfortunately, the leadership capability of the chief justice has been questioned as he has failed to take all the judges along in dispensation of justice,” he told Arab News.
Asked about the legislation related to the chief justice’s powers, Shafique said it would help abolish the “dictatorship role” of the top judge at the Supreme Court.
“After the implementation of the legislation, the institution will be making decisions instead of an individual, which is a good thing to happen,” he added.


11 killed, at least 60 missing after huge Karachi shopping plaza blaze

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11 killed, at least 60 missing after huge Karachi shopping plaza blaze

  • Videos showed flames rising as firefighters labored through Sunday night to stop fire that started on Saturday 
  • Firefighters said lack of ventilation in the ‌mall caused the building to ‌fill ⁠with ​smoke ‌and slowed rescue efforts

ISLAMABAD: The provincial government of Sindh has ordered an official inquiry after a fire at a major shopping plaza in the port city of Karachi killed 11 people and destroyed more than 1,200 shops, officials said on Monday, dealing a severe blow to one of the city’s busiest commercial districts.

The blaze broke out late Saturday at Gul Plaza in Karachi’s Saddar business area and spread rapidly through multiple floors, according to emergency officials. Firefighters battled flames for hours to bring the fire under control, which was still blazing late into Sunday night.

Deadly fires in commercial buildings are a recurring problem in Karachi, a city of more than 20 million people, where overcrowding, outdated infrastructure and weak enforcement of fire safety regulations have repeatedly resulted in mass casualties and economic losses.

“Karachi fire death toll rises to 11,” said Chief Police Surgeon for Karachi Dr. Summaiya Syed Tariq.

“The fire has been extinguished but light smoke is still rising and the recovery of bodies has now begun,” says Muhamamd Amin, an official of Edhi present on the spot.

Taking notice of the incident, Chief Minister Murad Ali Shah on Sunday evening directed the Karachi commissioner to launch an immediate inquiry and examine whether safety failures or regulatory lapses contributed to the scale of the disaster.

“Fire safety arrangements in the building must be checked, and strict action should be taken against those responsible if negligence or carelessness is proven,” Shah said in a statement.

The cause of the fire has not yet been determined. Police said a formal investigation would begin once firefighting operations were fully completed.

Officials briefed the chief minister that more than 1,200 shops were gutted in the fire, wiping out inventories and investments built over decades.

Firefighting operations managed to bring 60 to 70 percent of the blaze under control, while rescue and cooling operations continued well into Sunday. One firefighter was among the six who died.

Speaking to reporters later on Sunday, Shah provided new details on the scale and timeline of the emergency response, saying municipal authorities acted within minutes of receiving the alert.

“The first fire tender reached the site at 10:27 p.m. and firefighting operations began immediately,” the chief minister said, adding that at least 26 fire tenders, four snorkel vehicles and 10 water bowzers were deployed, with additional support provided by the Pakistan Navy and the Civil Aviation Authority.

Shah said preliminary information indicated that 58 to 60 people were initially reported missing after the blaze, though rescue and cooling operations were still underway and authorities were continuing to verify the figures. He added that the fire occurred during the peak wedding shopping season, compounding losses for traders and shoppers in the area.

He said the intensity of the blaze and limited access points inside the building made it difficult for firefighters to enter quickly, contributing to the scale of damage.

$10 MILLION LOSSES

The fire tragedy has also triggered urgent concern within Karachi’s business community.

The Karachi Chamber of Commerce and Industry (KCCI) announced the formation of a dedicated committee to coordinate relief efforts, document losses and press the government for compensation and rehabilitation of affected traders.

KCCI said preliminary assessments showed that over 1,000 small and medium-sized businesses had been completely destroyed, leaving many families without income. The chamber appealed to both provincial and federal authorities to announce a special compensation package, citing precedents such as the 2009 Bolton Market arson, after which funds were approved to rebuild fire-hit markets and compensate nearly 2,000 affectees.

Ateeq Mir, a traders’ representative, estimated that losses to businesses from the fire would be over $10 million. 

“There is no compensation for life but we will try our best that the small businessmen that have encountered losses here, we will try in a transparent manner … to compensate their losses,” Chief Minister Shah told reporters.

Separately, Prime Minister Shehbaz Sharif held a telephone conversation with Shah on Sunday evening, the premier’s office said, to offer full federal support to provincial authorities.

Sharif said a “coordinated and effective system is essential” to control fires quickly in densely populated urban areas and stressed the need for stronger preventive mechanisms to avert similar tragedies in the future. He said the federal government was prepared to work with provincial authorities to help establish an integrated fire-response and safety framework, adding that Islamabad stood with the affected families and the Sindh government during the crisis.

Battling large fires in Karachi’s dense commercial districts is notoriously difficult, reflecting a mix of urban congestion, weak regulation, and chronic enforcement failures. Many markets and plazas are built with narrow access points, encroachments and illegal extensions that block fire tenders and delay rescue operations, while buildings often lack functional fire exits, sprinklers or alarm systems. 

Although safety regulations exist on paper, inspections are sporadic, and penalties rarely enforced, allowing hazardous electrical wiring, overloaded circuits and flammable materials to go unchecked. In such tightly packed areas, fires can spread rapidly from shop to shop and floor to floor, leaving firefighters little room to maneuver and sharply increasing the risk to both occupants and emergency crews.