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SC says Senate elections to be held through secret ballot under Article 226 of Constitution

The Supreme Court on Monday announced its opinion on the presidential reference regarding Senate elections, saying that polls for the upper house of parliament will be held through secret ballot, according to Article 226 of the Constitution.

The 4-1 majority opinion was announced by a five-member larger bench of the Supreme Court, headed by Chief Justice of Pakistan Gulzar Ahmed and including Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi.

Justice Afridi disagreed with the majority opinion, while observing that “the opinion sought by the Worthy President, Islamic Republic of Pakistan in the instant Reference, is not a question of law within the contemplation of Article 186 of the Constitution of the Islamic Republic of Pakistan, 1973”. Therefore, he abstained from giving na opinion on the reference.

The Supreme Court said that Senate elections are held in accordance with the law and the Constitution.

“It is the duty of the Election Commission of Pakistan […] to ensure that the election is conducted honestly, justly, fairly, and in accordance with law and that corrupt practices are guarded against,” it said.

The apex court suggested that the ECP could use latest technology to hold transparent elections. “The Election Commission is required to take all available measures including utilising technologies to fulfill the solemn constitutional duty to ensure that the election is ‘conducted honestly, justly, fairly and in accordance with law and that corrupt practices are guarded against’.”

It emphasised that all institutions were bound to follow the ECP.

The bench said that the secrecy of the ballot papers, however, was “not final”, quoting a decision by the top court on the same in 1967 (Niaz Ahmed case).

It also said that the ECP could “use the latest technology to ensure the holding of transparent elections” under powers granted to it according to Article 218 of the Constitution (related to the formation of election commission).

‘Victory for Pakistan’

Talking to reporters outside the Supreme Court, PTI’s Senator Faisal Javed termed the opinion a “splendid decision” and a “victory for Pakistan”.

He said he was grateful to the court for listening to everyone.

“The attorney general’s team worked hard and great arguments were done. Such a detailed discussion on the Senate has not happened before.”

He added that Prime Minister Imran Khan had made efforts to end corruption from every level, including bringing an end to “bribery, thievery and buying and selling” in the Senate elections.

“The honourable court said secrecy is not absolute. That means it cannot stay [this way] till the Day of Judgement”.

Talking further on the court’s opinion, he said it had instructed the ECP to work on matters including proportional representation and take measures against corruption in elections.

He said that when elections are held through identifiable ballots, no one would dare to sell their vote. “This is a splendid opinion for transparency,” he stressed.

He said after the court’s opinion, the ECP would have to ensure three things: identifiable ballots, proportional representation and ensuring free and transparent elections.

Speaking separately to reporters, Minister for Information Shibli Faraz called on the ECP to take “practical steps” to end corruption and secrecy in Senate elections.

He said the primary reason behind the presidential reference was to find out what practical steps can be taken to end corruption in Senate elections.

“Today’s decision is a very historic decision which apparently seems [to state] that Senate elections will be held according to Article 226. But at the same time, the honourable judges of the Supreme Court acknowledged that technology should be used to make elections transparent.”

The minister requested the ECP to “use technology — in the form of a bar code or a serial number on the ballot paper — to ensure that these [Senate] elections do not become secret as per the SC’s opinion”.

He also termed the government’s decision to file a presidential reference as a “very important and good decision”, saying it was a significant milestone in the PTI’s struggle.

It would ensure that members elected to the upper house of parliament were done so on merit and their personal and business interests did not affect their efforts for legislation, he added.

Faraz also expressed confidence that Finance Minister Hafeez Sheikh would win the Senate election, saying “people vote for Imran Khan, not the candidate”.

‘ECP bound to follow SC opinion’

Meanwhile, Attorney General Khalid Javed Khan said the ECP was “constitutionally bound to follow the opinion of [the] SC and implement it for the Senate election scheduled for March 3”.

In a statement, he said the opinion of the apex court was “binding” and ignoring or violating it amounts to contempt and misconduct.

The attorney general said the court was of the view that secrecy in Senate elections was not absolute or eternal, thus it was up to the ECP to select the method to be used for the upcoming polls such as printing a bar code or serial number on the ballot paper.

“ECP is bound to print such identifiable or traceable ballot papers under Section 122(5) of the Election Act, 2017 […] No change in law is required to give effect to SC opinion as 122(5) is existing law.”

He said if there was any evidence to suggest corruption or rigging in the Senate elections after they were over, then any party head or citizen could “lodge [a] complaint with available material or evidence against any voting MPA/MNA with ECP”.

“ECP is bound to investigate and trace the ballot to see whether any corrupt practice occurred,” said AG Khan, adding if it did not, the complainant could go to court or tribunal to take up the issue.

The court had reserved its opinion on Saturday.

Attorney General Khalid Jawed Khan had on Dec 23, 2020, moved the 11-page reference under Article 186 of the Constitution relating to the advisory jurisdiction of the Supreme Court.

The president had sought the answer to the question of whether or not the condition of secret ballot under Article 226 of the Constitution applied to the Senate elections. The hearing started on January 4.

Ahead of the announcement, the registrar office had issued notices to the attorney general, chief election commissioner, Senate chairman and speakers of the national and provincial assemblies, advocates general for the four provinces, members of the Election Commission of Pakistan (ECP) and others.

A Landmark Judgement

Wednesday was a ground-breaking day for human rights, justice system reform and disability rights in the country. The Supreme Court of Pakistan passed a historic judgement commuting the death sentences of two mentally ill prisoners stating that such inmates are unable to comprehend the rationale behind their execution and thus should not be hanged. The court ordered Kanizan Bibi and Imdad Ali to be transferred to a mental health facility and asked for the case of a third inmate facing execution to be reviewed. It also called for the establishment of a medical board to vet inmates for mental illness in capital cases.

The significance of this moment should not be understated. The struggle for prisoner rights, especially for those prisoners against whom the system is inherently skewed against, like the poor, disabled and minorities, has been a long one. Activists, lawyers and philanthropists have been advocating for years for a fairer justice system, where everyone should have a right to be heard. This fight was made especially harder when the moratorium on the death penalty was lifted—leaving mentally ill persons on death row to be executed.

n all civilized justice systems, mentally-ill persons are not given the death penalty—indeed, the death penalty is soon becoming more and more of an anomaly in legal systems around the world. The most important aspect of a just system is giving the accused the right to make their own case—when a person is not in possession of their mental faculties and is living with a psychological disorder, it is difficult to argue that they are capable of defending themselves and their actions at trial. The point of punishment is deterrence—there is no deterrence if an individual is not fully capable of making sound decisions or realizing the resulting repercussions.

Organizations like Justice Project Pakistan, who have been fighting for this for decades, must be congratulated for this decision—which makes the justice system fairer and more humane for all of us. This is a first step in rectifying an old wrong, the next is for the government to usher in special provisions for education, welfare and protection of those that suffer from these illnesses.

(COAS) INAUGURATED TWO MEGA PROJECTS IN SOUTH WAZIRISTAN AGENCY

General Qamar Javed Bajwa, Chief of Army Staff (COAS) inaugurated two mega projects in South Waziristan Agency (SWA). Projects include Agriculture Park at Wana and a Market at Makeen. Both these facilities are part of socio-economic uplift program for FATA. Projects have been executed by Pakistan Army Engineers in collaboration with the government.

Agriculture Park Wana comprises multiple components including state of the art Pine Nut Processing Plant, 1000 Ton capacity Cold Storage Facility, Ware Houses, Godowns and 128 shops. ‘Makeen Market Complex’ has 728 shops, allied facilities and a Children park.

Speaking to the local tribal elders, COAS said that having lived through very difficult times during terrorism / kinetic operations against terrorists, we now are in the phase of stability and development. He urged them not to allow anyone to jeopardise the peace attained at very heavy cost in blood and national exchequer.

COAS said that earliest mainstreaming of FATA to the popular aspirations of the local tribes is essential for its development and enduring stability.

COAS acknowledged tribal brethren for their full support to Army and their resolve to maintain and strengthen the gains. Tribal elders thanked Pakistan Army for restoring peace / development works and assured that tribes stand firmly with Pakistan Army for journey towards enduring peace.

At Makeen COAS also met Father of Naqeeb Ullah Mehsud, condoled and offered fatiha. COAS said that Army shall support all efforts to let him get the justice.

PUNJAB’S 3600 MW RLNG-RUN POWER PLANTS FAIL TO PRODUCE REQUIRED ELECTRICITY

Punjab’s 3600 mw RLNG-run power plants have so far failed to produce the required electricity due to which billions of rupees worth LNG (Liquefied Natural Gas) terminals and import projects are about to fail, it was learnt reliably.

Ironically, Punjab’s $2 billion and 60 crore worth RLNG-run power plants of Bhikki, Haveli Bhadur Shah and Baloki so far could not generate electricity as per their installed capacity apparently due to technical reasons. And, the energy ministry has advised Pakistan LNG Limited to reschedule already ordered cargoes, in accordance with the reduced demand of RLNG despite the fact that once LNG supplies are arranged, all such cargoes become firm take or pay supplies.

Though PPL has arranged the import of LNG in line with the confirmation and commitments from Sui Northern Gas Pipelines Limited (SNGPL), however, SNGPL has failed to honour its commitments in the form of its off-take of LNG. To some extent due to this, Pakistan LNG Limited is faced with heavy penalties as it has to cancel more than one dozen cargoes of LNG which were to be consumed in these three RLNG-run power plants.

“The scheduled imports have been disrupted because of reduced off-take of RLNG by SNGPL. As a result, penalties, demurrages and LDs are being triggered,” said document available with Pakistan Today.

Taking cognizance of the issue, Pakistan LNG Limited (PLL) Managing Director (MD) Adnan Gilani, in a letter to Director General (Gas), Ministry of Energy (Petroleum Division), has categorically stated that “PLL is expressly stated that SNGPL and or the governing ministry will be responsible for all costs associated therewith.”

He further said that the recent developments have the potential to derail this well-thought –out and essential policy initiative as it opens the way for deficiencies in energy/gas as early as this summer.”

Well-informed sources said that Prime Minister Shahid Khaqqan Abbasi is seriously worried over the failure of 3600mw power plants of Punjab province as they have failed to produce the electricity as per their full capacity. Moreover, billions rupees worth LNG projects including import and terminal are also at stake apparently because of the failure of the $2 billion and 60 crore worth RLNG-run power plants which were installed under the leadership of favourite bureaucrats of chief minister Punjab Shahbaz Sharif.

They said the PLL inked agreements with international firms to meet the gas demand of 540 million cubic feet per day gas (Re-gasified Liquefied Natural Gas) of these three power plants. They said delay in the full power generation from these plants is costing heavily to the national exchequer while the total loss due to this delay is greater than the loss appeared in much-touted Nandipur Power Plant and NAB (National Accountability Bureau) may take notice of this heavy financial loss to the exchequer.

It is worth mentioning here that  the 2nd LNG terminal at Port Qasim was constructed/installed to meet the gas demands of these RLNG-run power plants and agreements were signed with international firms for the import of three LNG cargoes on monthly basis. However, Punjab’s RLNG-run power plants became operational during March to July 2017 with half simple cycle production capacity. These power plants were expected to start full production in December 2017 as per agreement. And, due to the failure of these three power plants in producing electricity at full capacity, LNG terminal of Pakistan Gas Port is being under utilised (40 per cent) and is facing $0.15 million penalty on a daily basis.

ARBITRATOR SETTLES RS36 BILLION GAS PRICING DISPUTE

An arbitrator, appointed by the Supreme Court to decide a Rs36-billion scandal erupted after an increase in the wellhead gas price, has cleared Dewan Petroleum in the case.

In its short order, the arbitrator, former chief justice Nasirul Mulk, said interpretation of the wellhead gas price, calculated at $3.8 per million British thermal units (mmbtu), by Dewan Petroleum was correct, a senior government official disclosed.

The Petroleum Division has been asked to implement the decision of the arbitrator.

Earlier during the Pakistan Peoples Party (PPP) administration, after a contempt notice issued by the Lahore High Court, the regulator, led by then chairman Tauqeer Sadiq, had increased the wellhead gas price for Dewan Petroleum from $2.5 to $3.8 per mmbtu.

Later, the National Accountability Bureau (NAB) came to the conclusion in its investigation that the public exchequer faced a prospective loss of Rs36 billion following the price increase.

The Supreme Court asked the then Ministry of Petroleum and Natural Resources to look for an amicable solution with Dewan Petroleum within 30 days in accordance with the Petroleum Concession Agreement or else it would be forced to opt for arbitration.

Dewan filed a review petition with the court when the ministry failed to respond. Following the petition, the court told them to find the solution through arbitration.

Dewan Petroleum had been awarded an exploration contract under the Petroleum Policy 2001 and offered a provisional price of $2.80 per mmbtu. The government awarded 84 contracts under the 2001 policy, but expressed its willingness to shift 77 of the contracts to the 2012 policy, which offered a higher price of $6 per unit.

Many companies that held these contracts failed to begin exploration activities despite a lapse of many years. However, it did not include the Safed Koh block operated by Dewan Petroleum. Only two gas discoveries were made under the Petroleum Policy 2001 because of the low price, of which Dewan Petroleum was the first to find gas.

Another company was OMV of Austria, which is now receiving the wellhead price under the Petroleum Policy of 2012 for additional gas supplies. However, Dewan Petroleum was not shifted to the 2012 policy because it had started gas production before 2007.

This discouraged oil and gas exploration companies from making investment in the country as they were denied wellhead gas prices according to the petroleum concession agreements.

More than one billion cubic feet of gas per day was discovered in the three to four years covered by the petroleum policies of 1994 and 1997, but after the 2001 policy, the exploration activity came to a virtual halt and only 83 million cubic feet per day was added over 10 years.

 

Arbitrator settles Rs36 billion gas pricing dispute

An arbitrator, appointed by the Supreme Court to decide a Rs36-billion scandal erupted after an increase in the wellhead gas price, has cleared Dewan Petroleum in the case.

In its short order, the arbitrator, former chief justice Nasirul Mulk, said interpretation of the wellhead gas price, calculated at $3.8 per million British thermal units (mmbtu), by Dewan Petroleum was correct, a senior government official disclosed.

The Petroleum Division has been asked to implement the decision of the arbitrator.

Earlier during the Pakistan Peoples Party (PPP) administration, after a contempt notice issued by the Lahore High Court, the regulator, led by then chairman Tauqeer Sadiq, had increased the wellhead gas price for Dewan Petroleum from $2.5 to $3.8 per mmbtu.

Later, the National Accountability Bureau (NAB) came to the conclusion in its investigation that the public exchequer faced a prospective loss of Rs36 billion following the price increase.

The Supreme Court asked the then Ministry of Petroleum and Natural Resources to look for an amicable solution with Dewan Petroleum within 30 days in accordance with the Petroleum Concession Agreement or else it would be forced to opt for arbitration.

Dewan filed a review petition with the court when the ministry failed to respond. Following the petition, the court told them to find the solution through arbitration.

Dewan Petroleum had been awarded an exploration contract under the Petroleum Policy 2001 and offered a provisional price of $2.80 per mmbtu. The government awarded 84 contracts under the 2001 policy, but expressed its willingness to shift 77 of the contracts to the 2012 policy, which offered a higher price of $6 per unit.

Many companies that held these contracts failed to begin exploration activities despite a lapse of many years. However, it did not include the Safed Koh block operated by Dewan Petroleum. Only two gas discoveries were made under the Petroleum Policy 2001 because of the low price, of which Dewan Petroleum was the first to find gas.

Another company was OMV of Austria, which is now receiving the wellhead price under the Petroleum Policy of 2012 for additional gas supplies. However, Dewan Petroleum was not shifted to the 2012 policy because it had started gas production before 2007.

This discouraged oil and gas exploration companies from making investment in the country as they were denied wellhead gas prices according to the petroleum concession agreements.

More than one billion cubic feet of gas per day was discovered in the three to four years covered by the petroleum policies of 1994 and 1997, but after the 2001 policy, the exploration activity came to a virtual halt and only 83 million cubic feet per day was added over 10 years.

 

Punjab’s 3600 mw RLNG-run power plants fail to produce required electricity

Punjab’s 3600 mw RLNG-run power plants have so far failed to produce the required electricity due to which billions of rupees worth LNG (Liquefied Natural Gas) terminals and import projects are about to fail, it was learnt reliably.

Ironically, Punjab’s $2 billion and 60 crore worth RLNG-run power plants of Bhikki, Haveli Bhadur Shah and Baloki so far could not generate electricity as per their installed capacity apparently due to technical reasons. And, the energy ministry has advised Pakistan LNG Limited to reschedule already ordered cargoes, in accordance with the reduced demand of RLNG despite the fact that once LNG supplies are arranged, all such cargoes become firm take or pay supplies.

Though PPL has arranged the import of LNG in line with the confirmation and commitments from Sui Northern Gas Pipelines Limited (SNGPL), however, SNGPL has failed to honour its commitments in the form of its off-take of LNG. To some extent due to this, Pakistan LNG Limited is faced with heavy penalties as it has to cancel more than one dozen cargoes of LNG which were to be consumed in these three RLNG-run power plants.

“The scheduled imports have been disrupted because of reduced off-take of RLNG by SNGPL. As a result, penalties, demurrages and LDs are being triggered,” said document available with Pakistan Today.

Taking cognizance of the issue, Pakistan LNG Limited (PLL) Managing Director (MD) Adnan Gilani, in a letter to Director General (Gas), Ministry of Energy (Petroleum Division), has categorically stated that “PLL is expressly stated that SNGPL and or the governing ministry will be responsible for all costs associated therewith.”

He further said that the recent developments have the potential to derail this well-thought –out and essential policy initiative as it opens the way for deficiencies in energy/gas as early as this summer.”

Well-informed sources said that Prime Minister Shahid Khaqqan Abbasi is seriously worried over the failure of 3600mw power plants of Punjab province as they have failed to produce the electricity as per their full capacity. Moreover, billions rupees worth LNG projects including import and terminal are also at stake apparently because of the failure of the $2 billion and 60 crore worth RLNG-run power plants which were installed under the leadership of favourite bureaucrats of chief minister Punjab Shahbaz Sharif.

They said the PLL inked agreements with international firms to meet the gas demand of 540 million cubic feet per day gas (Re-gasified Liquefied Natural Gas) of these three power plants. They said delay in the full power generation from these plants is costing heavily to the national exchequer while the total loss due to this delay is greater than the loss appeared in much-touted Nandipur Power Plant and NAB (National Accountability Bureau) may take notice of this heavy financial loss to the exchequer.

It is worth mentioning here that  the 2nd LNG terminal at Port Qasim was constructed/installed to meet the gas demands of these RLNG-run power plants and agreements were signed with international firms for the import of three LNG cargoes on monthly basis. However, Punjab’s RLNG-run power plants became operational during March to July 2017 with half simple cycle production capacity. These power plants were expected to start full production in December 2017 as per agreement. And, due to the failure of these three power plants in producing electricity at full capacity, LNG terminal of Pakistan Gas Port is being under utilised (40 per cent) and is facing $0.15 million penalty on a daily basis.

General Qamar Javed Bajwa, Chief of Army Staff (COAS) inaugurated two mega projects in South Waziristan Agency (SWA).

General Qamar Javed Bajwa, Chief of Army Staff (COAS) inaugurated two mega projects in South Waziristan Agency (SWA). Projects include Agriculture Park at Wana and a Market at Makeen. Both these facilities are part of socio-economic uplift program for FATA. Projects have been executed by Pakistan Army Engineers in collaboration with the government.

Agriculture Park Wana comprises multiple components including state of the art Pine Nut Processing Plant, 1000 Ton capacity Cold Storage Facility, Ware Houses, Godowns and 128 shops. ‘Makeen Market Complex’ has 728 shops, allied facilities and a Children park.

Speaking to the local tribal elders, COAS said that having lived through very difficult times during terrorism / kinetic operations against terrorists, we now are in the phase of stability and development. He urged them not to allow anyone to jeopardise the peace attained at very heavy cost in blood and national exchequer.

COAS said that earliest mainstreaming of FATA to the popular aspirations of the local tribes is essential for its development and enduring stability.

COAS acknowledged tribal brethren for their full support to Army and their resolve to maintain and strengthen the gains. Tribal elders thanked Pakistan Army for restoring peace / development works and assured that tribes stand firmly with Pakistan Army for journey towards enduring peace.

At Makeen COAS also met Father of Naqeeb Ullah Mehsud, condoled and offered fatiha. COAS said that Army shall support all efforts to let him get the justice.

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