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Lawyers body announces strike on Sept 14 to ‘defend Constitution’, demands elections within 90-day time

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The All Pakistan Lawyers Convention convened by the Supreme Court Bar Association (SCBA) in Islamabad announced on Thursday that lawyers will observe a countrywide strike on September 14 to “defend and uphold the Constitution, rule of law, and human rights”.

A statement issued by the SCBA after the convention said lawyers across the country would hold peaceful protests within their respective bar associations in the form of rallies on September 14.

Earlier today, the SCBA also released a list of resolutions passed at the convention, including the demand to hold the general elections “within the constitutionally prescribed time frame of 90 days of the dissolution of the assemblies”.

Earlier this week, the Pakistan Bar Council (PBC) also passed a resolution, urging President Arif Alvi to “fulfil your constitutional responsibility” and announce a date for general elections — which are to be pushed beyond the constitutionally mandated cutoff date of November 9 if the Election Commission of Pakistan (ECP) sticks to its timeline for fresh delimitation of constituencies.

Addressing a press conference outside the Supreme Court, PBC Chairman Hassan Raza Pasha had also announced a countrywide strike of lawyers on September 9 for the fulfilment of this demand.

The calls for strikes come as the president, ECP, political parties and other stakeholders take differing stances on the time frame for holding general elections and who has the authority to decide the final poll date.

The ECP has ruled out elections this year, while the 90-day limit for holding polls following the dissolution of the National Assembly (NA), as mandated under Article 224 of the Constitution, ends on November 9.

It reasons its decision to push elections beyond November 9 on the basis of the notification of results of the new digital 2023 census and Section 17(2) of the Elections Act, which states: “The commission shall delimit constituencies after every census is officially published.”

However, President Alvi invited Chief Election Commissioner (CEC) Sikandar Sultan Raja last month for a meeting to “fix an appropriate date” for general elections.

In his letter to the CEC, the president quoted Article 244 of the Constitution, saying he was duty-bound to get the elections conducted in the 90 days’ prescribed period as the NA was dissolved prematurely on August 9.

But a recent amendment to the Elections Act 2017 empowered the ECP to announce the dates for polls unilaterally without having to consult the president.

Citing this change to the law, the CEC responded to the president, saying that participating in a confab with him to decide the election date would be of “scant importance”.

Subsequently, the president sought the law ministry’s advice on the matter, and the ministry communicated to the president that the powers to announce the poll date rested with the Election Commission of Pakistan (ECP) after he sought its advice on the matter.

Two days ago, the president discussed matters pertaining to elections with caretaker Law Minister Ahmed Irfan Aslam and stressed the need to make decisions “in accordance with the spirit of the Constitution”.

Asserting the stance, lawyers’ convention convened by the SCBA adopted a resolution today, stating: “The general elections are required to be held within 90 days of the dissolution of the assemblies … and the Election Commission of Pakistan and all other institutions required to act in aid of the ECP are under constitutional duty to do so.”

The resolution also highlighted that no caretaker government could “go beyond 90 days and becomes unconstitutional and illegal subsequently”.

The caretaker governments in Punjab and Khyber Pakhtunkhwa have already become unconstitutional and are liable to be removed, it added.

The resolution further stressed the importance of “civilian supremacy, the rule of law, and the independence and integrity of constitutional institutions as fundamental pillars of our democracy”.

It underlined that “the armed forces and their officials of all ranks are bound by their constitutional oath not to indulge in any political activity whatsoever”.

Moreover, “the government or any of its institution or officials should not be allowed to induce, pressurise or influence any judge for obtaining desired judicial verdicts”, it said, adding that those found attempting to make such a demand should be strictly punished under the law.

It further said that all citizens “being kept in custody of military or intelligence agency be transferred to the custody of the relevant civil law authorities for their presentation before civilian courts”.

Specifically mentioning the arrest of females in the recent times, the resolution said “all arrests, detentions and harassment of ladies for the last few months or so are strongly condemned and those found responsible for such acts be punished under the law.”

It also condemned the “harassment of advocates performing their professional duties”.

Addressing concerns about the country’s economic situation, the convention proposed a solution to the ongoing challenges.

It said: “This convention acknowledges the gravity of the economic situation and invite all stakeholders to engage in constructive dialogue to find solutions to address economic depression, offering the forum of the SCBA for such discussions.”

The statement also underlined that the resolution passed by the All Pakistan Lawyers Convention was to affirm lawyers “unwavering commitment to justice, democracy, and the well-being of our nation”.

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LHC orders Punjab govt to ensure PTI leader Hassaan Niazi’s contact with father

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The Lahore High Court on Tuesday directed the interim Punjab government to ensure that contact is established between incarcerated PTI leader Hassaan Niazi and his father within a fortnight.

The order comes on a petition filed by Hassaan’s father, Hafeezullah Niazi, who petitioned the court to recover and allow a meeting with his son, who is in military custody.

Hassaan, a barrister and nephew of PTI chairman Imran Khan, was in hiding after the May 9 riots. He was arrested from Abbottabad on August 13 and handed over to the military for trial over his alleged involvement in the attack on the Lahore corps commander’s house.

On August 15, Hassaan’s father, Hafeezullah, filed a petition in the LHC seeking recovery of his son.

Two days later, a military official wrote to the police, requesting it to hand over Hassaan’s custody to the military for “trial by the court martial”.

Before the LHC began hearing the father’s plea, the police submitted a report in the court on August 18, detailing the offences in which the former was found to be allegedly involved.

The report was submitted by Punjab Additional Advocate General (AAG) Ghulam Sarwar while Justice Sultan Tanveer presided over the hearing.

The AAG informed the LHC in the hearing, “Hassaan Niazi has been handed over to the military”. He added that Hassaan was “named in the Jinnah House attack case and was a main suspect”.

The interim Punjab government told LHC in the hearing on August 26 that visiting a suspect in military custody was not allowed under any law.

Additional Advocate General Ghulam Sarwar Nahang stated in the hearing that the SC had already taken note of the trials of the May 9 suspects in military court and the question of the suspects’ meeting with family members was also pending before it.

He said proceedings in the high court on the same question of law would complicate the matter.

On September 28, barrister Faiz Ullah Khan Niazi submitted that 45 days have passed and since then the petitioner has been unaware of the whereabouts of his son.

In today’s hearing, a single-member bench comprising Justice Sultan Tanvir Ahmad ordered the Punjab government to establish contact between Hassaan and his father within a fortnight.

According to the written order, a copy of which is available with Dawn.com, the petitioner’s lawyer told the court his client would be satisfied if he was allowed to establish contact with his son.

According to the order, the government officials maintained that since the matter is still pending adjudication before the apex court, it is “in the fitness of the circumstances to adjourn the case till the decision is passed by the Supreme Court”.

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Knee injury forces Arshad Nadeem out of Asian Games a day before javelin throw final

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Pakistan’s star javelin thrower Arshad Nadeem was on Tuesday ruled out of the Asian Games, under way in the Chinese city of Hangzhou, due to a chronic knee injury, the athlete confirmed to Dawn.com.

Nadeem, a trailblazer and beacon of hope for the future of athletics in the country, won silver at the World Athletics Championship in Budapest earlier this year.

However, in a big blow for his fans, the athlete dropped out of the Asian Games just a day before the tournament’s Men’s Javelin Throw final, scheduled for Wednesday.

According to a statement issued by Pakistan’s Chef de Mission at the Asian Games, Nadeem had complained of “persistent pain for several weeks” at the first training session in Hangzhou on Sept 27.

It said the concern had become particularly pressing in the aftermath of the World Athletics Championship.

“On Oct 2, he again complained of pain in the right knee and express a desire to undergo an evaluation to determine the impact on his ability to participate in the Javelin Throw event at the Asian Games,” the statement said.

Subsequently, the Pakistan contingent’s chief medical officer recommended a comprehensive check-up of Nadeem who then underwent a thorough examination, including a non-invasive test i.e. MRI at a local
hospital here in Hangzhou.

“After consulting the medical personnel, Nadeem has now decided not to participate in the Asian Games in order to prevent any untoward situation that may hinder his training program and participation in the Paris 2024 Olympic Games,” the statement concluded.

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Rogue doctor’s arrest a ‘test case’ for law enforcement

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• Originally a plastic surgeon at LGH, Mumtaz conducted illegal operations in private residences
• Officials say surgeries have claimed lives of several patients including foreign nationals

LAHORE: Notorious illegal kidney transplant surgeon Fawad Mumtaz, who was re-arrested a couple of days ago by Lahore police after he escaped from custody, has become a ‘test case’ for the criminal justice system and the law enforcement agencies, especially for the Punjab police.

Mumtaz has been booked and arrested several times by Federal Investigation Agency (FIA) and Pu­­­n­jab police, but each time, he has managed to obtain bail and con­­tinued his illegal transplant racket.

According to his criminal record, Mumtaz has been running the largest-ever illegal kidney transplant racket across the country, especially in Punjab, Khyber Pakhtunkhwa and Azad Jammu and Kashmir since 2009.

An official said that Mumtaz was originally a plastic surgeon at the state-run Lahore General Hospital. He was serving as an assistant professor when he was first suspended from service for conducting illegal transplant procedures.

The rogue surgeon has reportedly become a billionaire, exploiting rich clients and charging exorbitant amounts from clients — especially those from Gulf countries — to perform illegal transplant operations.

According to FIA and police in­­vestigations, Mumtaz would char­­ge Rs10 million to Rs15 million from foreign clients/patients for each illegal kidney transplant and used to pay Rs100,000 to Rs150,000 to local donors, who his gang members would trap with the promise of employment or other lures.

The rogue surgeon would conduct the illegal transplant procedures in rented houses in private housing societies in cities across the province, it has emerged.

A few days ago, Lahore police picked him up from Taxila in connection with a case registered against him at Garden Town police station.

But shockingly, Mumtaz managed to flee from police custody, and the official explanation provided was that four of his armed accomplices attacked the police team and managed to free him.

The incident prompted careta­ker Punjab chief minister Mohsin Naqvi to hold a press conference.

He told journalists on Sunday that Mumtaz has been re-arrested by Lahore police and action has been proposed against police officers who had taken him into custody before he managed to escape.

Lahore DIG Investigation Imran Kishwar told Dawn the accused was on physical remand and police were interrogating him. He said the officials responsible for his escape had been suspended from service and a departmental inquiry has been launched to punish them accordingly.

An official told Dawn that Mumtaz had a notorious criminal record spanning over a decade.

Currently, several cases are lodged against him in Lahore, Multan, Okara, Bahawalpur, Fai­salabad, Taxila and Rawalpindi.

The last case against him was registered in Taxila, where a joint team of the Punjab Human Organ Transplant Authority and local police arrested six suspects, including doctors and paramedics, during a raid in March.

Talking about illegal renal transplant procedures, the official said that Mumtaz had performed a kidney transplant on the daughter of famous comedian Umar Sharif in Azad Jammu and Kashmir in February 2020.

During the procedure, she developed serious complications and was brought to hospital in Lahore, where she breathed her last, the official said, adding that Mumtaz received Rs3.5 million from the family to perform the illegal transplant in AJK because there were no laws to prevent illegal human organ transplants in that territory.

FIA teams had also failed to arrest Mumtaz during an earlier raid on his residence in Lahore, and consequently, the rogue surgeon had managed to go into hiding. He was arrested by FIA in April 2017, when he had carried out illegal transplant procedures on Jordanian, Libyan and Omani nationals at EME Society in Lahore for Rs6m each.

Later, FIA revealed that a Jordanian national had died during the illegal procedure.

The deceased woman’s death certificate was faked by one of Mumtaz’s accomplices, Dr Altamash Kharal, and the body was kept in another private hospital in Defence before being sent back to Jordan. At the time, FIA had recommended action against Mumtaz and his accomplices.

Published in Dawn, October 3rd, 2023

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