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Business Recorder
5 days ago
- Politics
- Business Recorder
Reserved seats: ECP says majority judgement premised on ‘erroneous conclusion'
ISLAMABAD: The Election Commission of Pakistan (ECP) submitted the majority judgement in the reserved seats case is premised on the erroneous conclusion that Pakistan Tehreek-e-Insaf (PTI) in addition to Sunni Ittehad Council(SIC) was before the Supreme Court of Pakistan (SC) and both sought allocation of the disputed reserved seats to 'SIC or to PTI'. Barrister Sikandar Bashir Mohmand filed seven formulations before the Constitution Bench, which is hearing the review against the SC judgment on reserved seats. He said that the PTI in its CMA 5913/ 2024 filed on 26-6-2024 did not pray for allocation of the reserve seats to 'PTI itself' or to 'either PTI or SIC'; instead PTI asserted; 'the denial by the ECP of reserve seats to the SIC will result in the national assembly and the provincial assemblies losing their representative character. These seats cannot be allowed to any other party.' The ECP submitted that CMA 5913/ 2024 is stated to have been filed under Order XXXIII Rule 6 of the Supreme Court Rules, 1980 (inherit powers of SCP) and not under Order V Rule 2 (2) which is the relevant Rule for an application for striking out or adding a party. Therefore, PTI did not formally seek 'impleadment' in Civil Appeals 333 and 334 of 2024. The majority judgement incorrectly describes CMA 5913/ 2024 as 'PTI's application for impleadment'. As PTI was evidently not party to proceedings before the ECP, PHC and SCP, no relief could have been lawfully granted to it, even by exercising power under Article 187 (1) of the Constitution. It submitted that the provisions of Article 51 and the Article 106 have been misconstrued in the majority judgement, which inter alia has distorted the scheme of the provisions of Article 51 and Article 106 as read with Section 104 of the Elections Act, 2017 and the Election Rules, 2017. The ECP stated that it is an essential component of the scheme of the provisions of Article 51 and Article 106 that the List of Priority for Seats Reserved for Women and Non-Muslims (Form 66) of each political party, as well as, the nomination papers for candidates in such list must be submitted and scrutinised prior to polling day and in parallel with filing and scrutiny of nomination papers of candidates contesting on general seats. The rationale being that the electors have notice of the candidates of the concerned 'political party' who may be elected on reserve seats before polling day. The direction in paragraph 9 of the majority judgement allowing the filing of the List of Priority for Seats Reserved for Women and Non-Muslims (Form 66) after the election has concluded and returned candidates have been notified is in conflict with the Election Programme and the democratic objective and rationale. The ECP stated that the timelines prescribed in paragraph 8 and 9 could only lawfully be prescribed by Parliament through legislation amending Article 51 Provisions (and Article 106 provisions), as well as, Sections 51, 66, 67 and 104 of the Elections Act, 2017. The said timelines could also not be prescribed without striking down the Election Programme dated 15-12-2023 as amended on 22-12-2023 read with Section 104 of the Elections Act, 2017. The ECP submitted that the power to 'alter' the Election Programme vests solely with the ECP under Section 58 of the Elections Act, 2017 read with Article 218 (3) and Article 219 (d), as well as, the last sentence of Article 222 of the Constitution. Therefore, in any event such timelines could not be prescribed by the SCP, even under Article 187 (1) of the Constitution. It contended that the timelines given in paragraphs 8-9 of the Majority Short Order are directly in conflict with the scheme and timeline in the Article 51 Provisions and also sections 51, 66, 67 and 104 of the Elections Act, 2017. Therefore, same could not be given in exercise of power under Article 187(1). Since PTI was not a party to proceedings before the ECP, PHC and SCP and neither did it make an express prayer for allocation of the Disputed Reserve Seats to itself, this specific matter was never 'a case or matter pending before it' in terms of Article 187 (1) in consequently relief to PTI by invoking Article 187 (1) is impermissible.' Copyright Business Recorder, 2025
The Hindu
21-05-2025
- Politics
- The Hindu
The Hindu's Top news of the day: May 21, 2025
Non-Muslims in Waqf Board limited to two, will always be minority, says Solicitor General On the second day of the day-long hearing on pleas challenging the Waqf Act amendments, Centre countered the petitioners arguments, one Section at a time. Appearing for the Union Government, Solicitor General Tushar Mehta claimed the latest amendments 'resolved problems that the British and successive Indian government could not resolve.' He said the amendments were brought in after taking into confidence all stakeholders and were solely aimed at curbing mismanagement and misuse of waqf. Ashoka University professor Ali Khan Mahmudabad granted interim bail Ashoka University associate professor Ali Khan Mahmudabad, arrested for his social media posts on Operation Sindoor, was granted an interim bail by the Supreme Court on Wednesday. The court, however, refused to stay the FIRs registered against him. The Supreme Court further barred Mr. Mahmudabad from posting anything online regarding the matter. The top court directed the Haryana Police to form a special investigation team (SIT) of three IPS officers, not belonging to Haryana and including a woman officer, to investigate the terms used in his posts. The police have been directed to form the SIT by Thursday (May 22, 2025). It also asked the police not to entertain fresh FIRs in the matter. Supreme Court refuses to entertain plea seeking FIR against Justice Varma The Supreme Court on Wednesday declined a plea seeking a judicial order to register a criminal case against sitting High Court judge, Justice Yashwant Varma, in whose official residence half-burnt currency was found after a blaze in March. A Bench headed by Justice A.S. Oka, addressing petitioner-advocate Mathews J. Nedumpara, referred to a press statement issued by the Supreme Court on May 8, informing that the in-house inquiry report, along with Justice Varma's response to it, had been forwarded to the President and the Prime Minister for suitable action. Has she committed murder, asks Supreme Court, granting anticipatory bail to ex-IAS probationer Puja Khedkar The Supreme Court on Wednesday granted anticipatory bail to former IAS probationer Puja Khedkar, accused of cheating, and wrongly availing OBC and disability quota benefits in the civil services examination. A Bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma directed Ms. Khedkar to cooperate in the probe. 'What is the grave crime she has committed? She is not a drug lord or a terrorist. She has not committed 302 (murder). She is not an NDPS offender. You should have a system or a software. You complete the investigation. She has lost everything and will not get a job anywhere,' the Bench observed orally. Prima facie case against Sonia, Rahul made out: ED tells court in National Herald matter The Enforcement Directorate on Wednesday told a Delhi court that a 'prima facie' case of money laundering was made out against Congress leaders Sonia Gandhi and Rahul Gandhi, and others in the National Herald matter. The ED made the submission before special judge Vishal Gogne during the opening submissions on whether to take cognisance of the matter. The judge, meanwhile, directed the ED to supply a copy of its chargesheet in the matter to BJP leader Subramanian Swamy, based on whose private complaint the ED lodged the present case. 27 Maoists, including top leader Basavaraju, killed in encounter with security forces in Chhattisgarh's Narayanpur Twenty seven Maoists, including Nambala Keshav Rao, alias Basavaraju, the general secretary of the banned Communist Party of India (Maoist), were gunned down in an anti-Naxal operation in Chhattisgarh's Narayanpur district on Wednesday, announced Union Home Minister Amit Shah. A member of the District Reserve Guard (DRG) of Bastar was killed in the encounter while a few others sustained injuries, the police added. Describing Basavraju as the backbone of the 'Naxal' movement in a post on X, Mr. Shah described the encounter that took place in the border region of Narayanpur, Bijapur, and Dantewada districts of Chhattisgarh's Bastar region, a landmark achievement. He also reiterated that March 2026 was the deadline the Centre had set for the elimination of Maoism in the country. Drone-like objects spotted over Kolkata sky Reports of drone sightings over Kolkata have been received and are currently under investigation, a Defence Ministry Spokesperson said on Wednesday. 'Efforts are underway to ascertain the veracity of this event. Further information will be shared as facts are established. In the interim, the Media is urged to refrain from speculation,' the official added. Personnel at the Hastings Police Station first spotted these flying objects having similarities with drones. T.N. govt moves SC to transfer PIL against laws taking away Governor's power to appoint Vice-Chancellors The Tamil Nadu government on Wednesday informed the Madras High Court that it has filed a petition in the Supreme Court seeking to transfer to the latter a public interest litigation (PIL) petition currently pending before the High Court, challenging the validity of State laws that take away the Governor's power to appoint Vice-Chancellors. Appearing before a summer vacation Bench of Justices G.R. Swaminathan and V. Lakshminarayanan, senior counsel P. Wilson, representing the Tamil Nadu Higher Education Department, said the transfer petition had been filed in view of connected cases, pending before the top court. MPs sent to countries that have nothing to do with India-Pakistan issue: Sanjay Raut Shiv Sena (UBT) leader Sanjay Raut on Wednesday claimed that the Centre sent multi-party delegations of MPs to visit several countries that have nothing to do with the Indo-Pak issue following 'Operation Sindoor'. He said the government is instead interested in 'showmanship rather than substance. 'Speaking to a regional news channel, Mr. Raut said, 'What is the need to send delegations to countries that have nothing to do with the India and Pakistan issue? The selection of nations like Liberia, Congo, and Sierra Leone raises serious questions.' Young cricketer's family in Karnataka loses over ₹24 lakh to cyber fraudsters posing as IPL selectors A young cricketer's family lost over ₹24 lakh to cyber fraudsters who falsely promised to include him in a IPL team. Fraudsters posing to be agents of the IPL Team Rajasthan Royals, contacted Rakesh Yadure (19), an aspiring cricketer of Chinchani village near Chikkodi in Belagavi district. He received messages on Instagram, praising his skills and offering him a place in the IPL team. Central Government employees retiring day before annual pay hike date to get notional increment 'Central Government employees retiring a day before their annual pay hike date would be eligible to get notional increment for the purpose of calculating the pension admissible to them,' an official order said. The move follows a Supreme Court order in this regard. 'It is advised that in pursuance of the above referred order dated 20.02.2025 of the Hon'ble Supreme Court, action may be taken to allow the increment on July 1/January 1 to the Central Government employees who retired/are retiring a day before it became due, i.e., on June 30/December 31, and have rendered the requisite qualifying service as on the date of their superannuation with satisfactory work and good conduct for calculating the pension admissible to them,' the order issued by the Personnel Ministry said. India's economy resilient to Trump tariff uncertainty & Pakistan tensions: Moody's Ratings Portraying a relatively rosy picture of India's economic resilience, Moody's Ratings on Monday said that not only is India 'well-positioned' to deal with the negative effects of potential U.S. tariffs, but it is also not likely to face any significant economic fallout of heightened tensions with Pakistan. 'India is better positioned than many other emerging markets to deal with US tariffs and global trade disruptions, helped by robust internal growth drivers, a sizable domestic economy and a low dependence on goods trade,' Moody's Ratings said in its report. Donald Trump announces $175 billion Golden Dome missile defence shield, names project leader U.S. President Donald Trump said on Tuesday (May 20) he had selected a design for the $175 billion Golden Dome missile defence shield and named a Space Force general to lead the effort to build the ambitious defence program aimed at blocking threats from China and Russia. Mr. Trump announced at a White House press conference that U.S. Space Force General Michael Guetlein would be the lead program manager for what the President said would be a $175 billion project, an effort widely viewed as the keystone to Mr. Trump's military planning. Adviser to Ukrainian ex-President Viktor Yanukovych has been shot dead in Spain Spanish authorities said that an adviser to former Ukrainian President Viktor Yanukovych was shot dead outside a school in Madrid on Wednesday. 'Andrii Portnov, 52, was identified as the victim by Spain's Interior Ministry. He was shot at 9:15 a.m.,' authorities said. 'Witnesses reported that Portnov was shot 'several times' in the head and body by more than one gunman when he was getting into a vehicle,' police said. 'The assailants then fled on foot into a wooded area,' police said. Pakistan, China agree to deepen trade, maintain close communication Pakistan said on Wednesday it had agreed to deepen trade and investment with China, days after the end of a conflict with India that Beijing urged should be resolved through dialogue. India and Pakistan agreed to a ceasefire on May 10, 2025, after four days of fighting, the worst in nearly three decades. 'China welcomes and supports efforts by Pakistan and India to handle their differences through dialogue and to achieve a comprehensive and lasting ceasefire,' Wang Yi said. 'Apart from maintaining close communication, the two countries agreed to more cooperation in trade, investment, agriculture, industrialisation, and other sectors,' Pakistan's Foreign Ministry said. Suryavanshi's maturity and temperament impress Royals batting coach Rathour For 14-year-old, Vaibhav Suryavanshi to find the long distances that he does with his ball-striking is astonishing enough. Jaws hit the ground when the southpaw, hailing from the cricketing backwater of Bihar, unleashed his untamed, precocious ability with a 35-ball century against Gujarat Titans in just his third IPL game last month. Royals batting coach Vikram Rathour waxed lyrical about Suryavanshi's knock, rating it even higher than the whirlwind century versus Titans. 'The ball was doing a bit, and he didn't get on strike too much in the PowerPlay. But the kind of maturity and temperament he showed was really good,' the former India batting coach said at a post-match presser. 'Today's knock was even better because he showed a different side of his temperament and batting.'
Economic Times
07-05-2025
- Politics
- Economic Times
India strikes at the heart of terror in Pakistan, avenges Pahalgam
The Strikes Live Events What Next There are moments in a nation's history that alter the outlook and destiny of the country forever. For India, inflicted with the wounds of terror for over three decades, the dastardly terror attack in Pahalgam, Kashmir on 22nd April may prove to be one such course altering moment in its history. Outraged by the killing of 26 innocent tourists (all men), who were shot and killed in cold blood after being identified as Non-Muslims and in front of their wives and mothers, the nation resolved to end this menace of terror. Leading from the front was Prime Minister Modi, who cut short his visit to Saudi Arabia and assured the nation that, 'India will identify, track and punish every terrorist and their backers. We will pursue them to the ends of the Earth'.In launching targeted strikes deep into Pakistan in a military operation codenamed ' Operation Sindoor ', India has demonstrated that its resolve to tackle the menace of terror emanating from Pakistan once and for all, no matter the costs. The military strikes, closely coordinated between the Army, Navy, and the Air Force, targeted nine locations across Pakistan-Occupied Kashmir (PoK) and Pakistan, carefully chosen for their significance to the terror network in Pakistan. Four of the nine locations struck were in Pakistan, across the International Border (IB).Bahawalpur, which hosts the headquarters of terror group JeMheaded by UN-designated terrorist, Massud Azhar, was among the most significant targets to be struck owing to its close association to JeM. Added to its significance is that fact that it is also one of the most prominent districts of Pakistani Punjab and holds huge political and military significance to Pakistan's deep state. It is also significant to note that India struck deep into Pakistan across the IB for the first time since the 1971 war. Not even during the Kargil War of 1999 did India cross the Line of Control (LC) or the after the strikes, India went on a diplomatic offensive, briefing major countries like the US, UK, Russia, France, Saudi Arabia and China. It was made clear to them that India had struck only terror related targets, no civilian or military infrastructure was harmed and that it is a non-escalatory response from India to the terror attack in Pahalgam. Most significant among the calls was perhaps the call from AjitDoval, India's National Security Advisor to the Chinese Foreign Minister. China, which is considered by Pakistan as its all-weather friend, may find it difficult to openly support any retaliatory move by Pakistan, at least directly, given the global context of Operation Sindoor framed by India in double quick significant is the kind of endorsement and support that India has got from three significant Arab countries, Saudi Arabia, UAE and Qatar who were briefed on the military strikes. Just two decades back, it would have been unthinkable that India could get such unequivocal support from Arab countries as Pakistan enjoyed their support in the name of Muslim solidarity. But the 26/11 Mumbai attacks and pro-active diplomacy by India in the past decade has left Pakistan globally largely Sindoor is a significant statement of intent from India, an announcement that its era of strategic patience is over. It has also helped India call out Pakistan's boggy of nuclear threat by launching strikes deep into Pakistan across the IB and daring Pakistan to call the nuclear bluff. It is also a clear message from India that going forward, the war against terror can only intensify in its scope and execution and that there is no escape for Pakistan and specifically its Army, this is a moment of existential threat. It is still smarting from recent setbacks like the Jaffer Express hijacking and killing of Pakistani soldiers in cold blood by the Baluch Liberation Army in March 2025. Its battles against the Taliban in Afghanistan are sucking in troops and are inflicting huge costs. News of internal dissents within the Army too are appearing more frequently than ever. For an 'Army which possesses a nation', and an Army Chief who is acting more like a mad Mullah with every passing day, the days of Army running the state are under grave such a scenario, the Pakistan Army's retaliation cannot be ruled out. With its forces already mobilized across the borders and LC over the past 14 days, a misadventure or a miscalculation is possible, especially if the Army is fighting for its existence in Pakistan with its back to the wall. India will have to remain vigilant and counter the threat as it manifests. While estimates suggests that Pakistan has the money, ammunition and military equipment to fight a war of only 3-4 days, the war fighting capability of India is much stronger, with much larger reserves, better equipment and more modern technology. Also 'Uncle Sam' is unlikely to come to Pakistan's help except from perhaps securing the nuclear assets from falling into rogue the long run however, the momentum generated by Operation Sindoor cannot be allowed to slow down like it happened after the solitary strike on Balakot in February 2019. The fight against terror will have to continue and the 'head of the snake' crushed wherever and whenever it raises its head. The bottom line is, Pakistan cannot dare dream of another Pahalgam, ever.(The author is a senior research consultant at Chintan Research Foundation)
Khaleej Times
06-04-2025
- Politics
- Khaleej Times
UAE: Can a will made in one's home country cover properties, assets in the Emirates?
Question: I own property and assets both in the UAE and in my home country. Is it possible to make a will in my home country that covers my UAE assets as well? Would such will be legally recognised and be enforceable in the UAE? Are there any legal challenges I should be aware of, and how does the process work? Answer: Based on your queries, it is assumed that you are non-Muslim. In that case, several legal frameworks may apply to you, including the UAE Civil Procedures Code, UAE Personal Status Law for Non-Muslims, the Dubai Wills Law, and DIFC WPR Rules. In the UAE, a judgment issued by a court of a foreign country may be enforceable. However, for it to be legally recognised and enforced in the UAE, certain conditions must be met. Chapter 4 (from Article 222 to Article 225) of the Federal Decree Law No. 42 of 2022 Promulgating the Civil Procedure Code (the 'UAE Civil Procedures Code') states related to Execution of Foreign Judgment, Orders and Instruments in the UAE. Article 222 and 224(1) of the UAE Civil Procedures Code reads as below: Article 222 of the UAE Civil Procedures Code: '1. An order may be made for the enforcement in the State of judgments and orders made in a foreign country on the same conditions laid down in the law of that country for the execution of judgment and orders issued in the State. 2. An order for execution shall be applied for by means of petition submitted by the concerned party including the data specified in Article 44 of this Code to the Execution Judge. The Judge shall issue their order within five working days from the date of its submission, and the order shall be subject to appeal by the direct appeal in accordance with the rules and procedures prescribed for appealing judgments. An execution order may not be made until after the following matters have been verified. a. The Courts of the State have no jurisdiction to try the dispute in which the order or judgment was made, and that the foreign courts which issued it have jurisdiction there over in accordance with the rules governing international judicial jurisdiction laid down in their law. b. The judgment or order was issued by a Court having jurisdiction in accordance with the law of the country in which it was issued and duly endorsed; c. The parties to the action in which the foreign judgment was issued were summoned to attend and were duly represented; d. The judgment or order has acquired the force of res judicata in accordance with the law of the Court that issued it, provided that the applicant submits a certificate that the judgment has acquired the force of a final order or the same was stipulated in the judgment itself; e. It does not conflict with a judgment or order already made by the Court in the State, and contains nothing that conflicts with morals or public order in the State. 3. The Execution Judge shall have the right to collect the documents supporting the request before issuing their decision.' Meanwhile, Article 224 (1) of the UAE Civil Procedures Code states: 'An order may be made for the enforcement in the State of notarised documents and Memoranda of the Composition certified by the Courts of a foreign country on the same conditions laid down in the laws of that country for the enforcement of similar instructions issued in the State.' Furthermore, Article 226 to Article 232 of the UAE Civil Procedures Code mentions special provisions the courts in UAE may follow while handling personal status matters. Additionally, the beneficiary (ies) or the executor of a will may initiate probate proceedings in the court of competent jurisdiction in the home country and obtain a probate order to execute the will. Based on the aforementioned provisions of law, the beneficiaries or executor of a will granted by a testator must ensure the will is properly notarised and legalised. This includes completing all necessary attestations, including attestation by the UAE embassy in the country where the Will is registered. Once these steps are completed, the will must then be attested by UAE Ministry of Foreign Affairs and International Co-operation. It must be translated into Arabic, and the translation must be attested by the Ministry of Justice. Only then can the will be submitted to a Personal Status Court of UAE in the emirate which has jurisdiction over the matter. Alternatively, a non-Muslim may register a separate will for the assets in the UAE in accordance with (1) Federal Decree Law No. 41 of 2022 on Civil Personal Status, (2) Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai, (3) DIFC Wills Service Center and (4) ADGM Courts. Therefore, based on the aforementioned provisions of law you may consider registering a will outside the UAE for your UAE assets. You may consult a legal counsel in the UAE as well as in your home country for further advise. Applicable laws: 1. Federal Decree Law No. 41 of 2022 on Civil Personal Status 2. Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of non-Muslims in the Emirate of Dubai 3. DIFC WILLS AND PROBATE REGISTRY RULES
Express Tribune
03-04-2025
- Business
- Express Tribune
India passes bill to reform Muslim land trusts, sparking minority backlash
Listen to article India's parliament passed a bill on Thursday to reform hugely wealthy Muslim land-owning organisations, with the Hindu nationalist government saying it will boost accountability while the opposition called it an 'attack' on a minority. Prime Minister Narendra Modi's government argues the bill will boost transparency to more than a dozen powerful Waqf boards, which control properties gifted by Muslim charitable endowments. There are around two dozen Waqf boards across India, owning some 900,000 acres (365,00 hectares), a multi-billion-dollar property empire that makes them one of the biggest landholders alongside the railways and the defence forces. Minister of Parliamentary Affairs Kiren Rijiju, who tabled the bill on Wednesday, said it would check corruption and mismanagement and reduce the hold of a few entrenched groups. The bill was passed by the lower house of parliament after a marathon debate that stretched into the early hours of Thursday. It is expected to be passed by the upper house of parliament later on Thursday, handing far larger powers to civil servants in the supervision of Waqf boards. Amit Shah, the interior minister and a close Modi aide, said the changes would help 'catch the people who lease out properties' for individual gains. 'That money, which could be used to aid the development of minorities, is being stolen,' he said. Non-Muslims, who will be included in the boards as part of the new bill, will only be involved in 'administrative' matters, Shah said. However, opposition parties accuse the government of pushing 'polarising politics' at the expense of India's Muslim minority of 200 million. 'The Waqf (Amendment) Bill is a weapon aimed at marginalising Muslims and usurping their personal laws and property rights,' opposition Congress Party chief Rahul Gandhi said. Gandhi called it an 'attack' by Hindu nationalists which he charged was 'aimed at Muslims today but sets a precedent to target other communities in the future'. Opposition parties see the bill as part of Modi's Bharatiya Janata Party's (BJP) efforts to win favour with its right-wing Hindu base. Modi's BJP has backed right-wing claims of mosques built over ancient Hindu temples and led efforts to construct a grand Hindu temple at the site of a demolished Mughal-era mosque in Ayodhya.
