ISLAMABAD: The Supreme Court of Pakistan said on Tuesday it wanted to expeditiously conclude its proceedings in a case related to the electoral disqualifications of lawmakers for life under Article 62(1)(f) of the constitution as previously directed by it or uphold a recent amendment to reduce the ineligibility to five years.
The country’s top court ruled in April 2018 that lawmakers disqualified under the said constitutional provision would be unable to contest elections for the rest of their lives. However, the government passed the Elections (Amendment) Bill, 2023, last year in June, limiting the disqualification period for five years.
A seven-member bench, headed by Chief Justice Qazi Faez Isa, was quoted as saying by Pakistan’s Dawn newspaper he wanted to settle the issue quickly to prevent any “confusion” faced by returning officers currently scrutinizing the nomination papers of candidates for the upcoming national polls.
The chief justice also questioned the idea of disqualifying aspiring election candidates on the basis of their character since the constitutional provision requires a candidate to be “honest and righteous.”
“According to Islamic teachings, no one can be said to have an exemplary character,” he said.
“We all sin and therefore pray for forgiveness when someone dies,” he continued. “If all these conditions [specified in the constitutional provision] were present earlier, even [the founder of Pakistan] Quaid-i-Azam [Mohammad Ali Jinnah] would have been disqualified.”
Chief Justice Isa noted the said constitutional provision was introduced by former military ruler, General Ziaul Haq, adding he had undermined the supreme document of the country by ousting a democratic government and taking over the political power of the country.
He said that he wanted to conclude the case on Jan. 11 before adjourning the hearing until Jan. 4.
If the court decides that the disqualification should be for a period of five years, it would pave the way for the electoral return of former three-time prime minister Nawaz Sharif.
Sharif was convicted in 2018 on corruption charges and sentenced to seven years in jail. In 2019, however, a Pakistani court granted medical bail to him for treatment in London after his health was said to have deteriorated in prison.
The former prime minister, who heads the Pakistan Muslim League-Nawaz (PML-N), returned in October 2023 to lead his party in the upcoming general elections, scheduled to be held on February 8. Last week, Pakistan’s election regulator accepted Sharif’s nomination papers for the upcoming polls.
Pakistan’s top court to expedite case on lawmakers’ lifetime disqualification ahead of national polls
https://arab.news/zvpxc
Pakistan’s top court to expedite case on lawmakers’ lifetime disqualification ahead of national polls
- Supreme Court ruled in 2018 lawmakers disqualified under Article 62(1)(f) would not be able to contest polls for life
- A verdict limiting the disqualification period to five years will pave the way for ex-PM Nawaz Sharif’s electoral return
Pakistan accuses India of manipulating Indus waters, warns of risks to regional peace
- India announced in April it was putting the Indus Waters Treaty in abeyance over a gun attack in disputed Kashmir it blamed on Pakistan
- Islamabad says it has witnessed ‘unusual, abrupt variations’ in the flow of Chenab river, accusing New Delhi of ‘material breaches’ of treaty
ISLAMABAD: Pakistan on Friday accused India of manipulating flows of Indus waters in violation of a 1960 water-sharing treaty, warning that unilateral actions over the transboundary waters could heighten tensions and pose risks to regional peace.
The Indus Waters Treaty (IWT), mediated by the World Bank, divides control of the Indus basin rivers between the two nuclear-armed neighbors. India said in April it was holding the treaty “in abeyance” after a gun attack in Indian-administered Kashmir killed more than 26 tourists. New Delhi blamed the assault on Pakistan, Islamabad denied it.
The treaty grants Pakistan rights to the Indus basin’s western rivers — Indus, Jhelum, and Chenab — for irrigation, drinking, and non-consumptive uses like hydropower, while India controls the eastern rivers — Ravi, Beas, and Sutlej — for unrestricted use but must not significantly alter their flow. India can use the western rivers for limited purposes such as power generation and irrigation, without storing or diverting large volumes, according to the agreement.
Speaking to foreign envoys in Islamabad, Pakistani Deputy Prime Minister Ishaq Dar accused New Delhi of “material breaches” of the IWT that may have consequences for regional stability, citing “unusual, abrupt variations” in the flow of Chenab river from April 30 to May 21 and from Dec. 7 to Dec. 15.
“These variations in water flows are of extreme concern for Pakistan as they point to unilateral release of water by India into River Chenab. India has released this water without any prior notification or any data- or information-sharing with Pakistan as required under the treaty,” he said.
“India’s most recent action clearly exemplifies the weaponization of water to which Pakistan has been consistently drawing attention of the international community.”
There was no immediate response from New Delhi to the statement.
Dar said this water “manipulation” occurs at a critical time in Pakistan’s agricultural cycle and directly threatens the lives and livelihoods as well as food and economic security of its citizens.
He shared that Indian actions prompted Indus Water Commissioner Mehar Ali Shah to write a letter to his Indian counterpart, seeking clarification on the matter as provided under the Indus Waters Treaty.
“We expect India to respond to the queries raised by Pakistan’s Indus water commissioner, refrain from any unilateral manipulation of river flows, and fulfill all its obligations in letter and spirit under the Indus Waters Treaty provisions,” the Pakistani deputy premier said.
Dar also accused India of consistently trying to undermine the IWT by building various dams, including Kishenganga and Ratle hydropower projects, which he said sets “a very dangerous precedent.”
“Alarmingly, India is now subverting the treaty’s own dispute resolution mechanism by refusing to participate in the Court of Arbitration and neutral expert proceedings. India is pursuing a deliberate strategy to sabotage the well-established arbitration process under the treaty provisions,” he said.
The South Asian neighbors have been arguing over hydroelectric projects on the shared Indus river system for decades, with Pakistan complaining that India’s planned hydropower dams will cut its flows.
In August, the International Court of Arbitration rendered an award on issues of general interpretation of the IWT, explaining the designed criteria for the new run-of-river hydropower projects to be constructed by India on the western rivers of Chenab, Jhelum and Indus, which Islamabad said vindicated its stance.
In its findings, the Court of Arbitration declared that India shall “let flow” the waters of the western rivers for Pakistan’s unrestricted use. In that connection, the specified exceptions for generation of hydro-electric plants must conform strictly to the requirements laid down in the Treaty, rather than to what India might consider an “ideal” or “best practices approach,” according to the Pakistani foreign office.
“Pakistan would like to reiterate that Indus Waters Treaty is a binding legal instrument that has made an invaluable contribution to peace and stability of South Asia,” Dar said.
“Its violation, on the one hand, threatens the inviolability of international treaties and on the other, it poses serious risks to regional peace and security, principles of good neighborhood, and norms that govern inter-state relations.”
