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SC resumes hearing pleas challenging military trials of civilians

A six-judge bench of the Supreme Court (SC) has resumed hearing a set of petitions challenging the trials of civilians in military courts.

The bench comprises Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Ayesha A. Malik.

At the previous hearing, the apex court had rejected a plea, filed by senior counsel Faisal Siddiqi on behalf of civil society activists, to constitute a full court for the case.

“Let the people decide what law should prevail in the country,” CJP Bandial had said. “We continue with the work while being detached with the fear of criticism or being liked by some since these are matters for the history and the people of Pakistan to judge,” he added.

Meanwhile, Attorney General for Pakistan (AGP) Mansoor Usman Awan had told the court that legislation was under way to grant the right of appeal against the decisions of the court martial of the 102 suspects awaiting trial in respect of the May 9 violence and arson for attacking different military installations.


More to follow



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Russia strikes Ukraine's Danube port, sending global grain prices higher

Russia attacked Ukraine's main inland port across the Danube River from Romania on Wednesday, sending global food prices higher as it ramps up its use of force to prevent Ukraine from exporting grain.

The attacks destroyed buildings in the port of Izmail and halted ships in their tracks as they prepared to arrive there to load up with Ukrainian grain in defiance of a de-facto blockade Russia reimposed in mid-July.

Ukrainian Deputy Prime Minister Oleksandr Kubrakov said the Russian drone attacks damaged almost 40,000 tons of grains, which had been destined for countries in Africa, as well as China and Israel.

"Russian terrorists have once again attacked ports, grain, global food security," President Volodymyr Zelenskiy said on Telegram.

Russian state news agency RIA said the port and grain infrastructure hit at the port was housing foreign mercenaries and military hardware and a naval ship repair yard had also been targeted. Reuters was not able to verify the report.

Video released by the Ukrainian authorities showed firefighters on ladders battling a blaze several storeys high in a building covered with broken windows. Several other large buildings were in ruins, and grain spilled out of at least two wrecked silos.

There were no reports of casualties, Odesa region governor Oleh Kiper wrote in a post on the Telegram messaging app.

Commercial ship tracking data showed dozens of international ships halting and dropping anchor at the mouth of the Danube, many of them registered to arrive in Izmail from the Black Sea in an apparent bid to open a breach in Russia's blockade.

The port, across the river from Nato-member Romania, is the main alternative route out of Ukraine for grain exports, since Russia's blockade halted traffic at Ukraine's Black Sea ports in mid-July.

Two industry sources told Reuters operations at the port were suspended. Seaport authority head Yuriy Lytvyn said on Facebook that repair work had already begun and the port infrastructure continued to operate.

Chicago wheat prices rose by nearly five per cent following the attack and were still up 1.8pc at over $6.63 a bushel as of 1325 GMT on concern about a hit to global supplies.

Ukraine is one of the world's top grain exporters. Russia has attacked its agricultural and port infrastructure for more than two weeks, since refusing to extend an agreement that had lifted its war-time blockade of Ukrainian ports last year.

Putin-Erdogan talks

President Vladimir Putin spoke by telephone to the grain export deal's sponsor, Turkish President Tayyip Erdogan.

The Kremlin said Putin reiterated Russia's condition for rejoining the grain deal: that a parallel deal improving terms for its own food and fertiliser exports be implemented. Those exports are already exempt from sanctions, which the West says Moscow aims to undermine by threatening the global food supply.

Erdogan's office said he and Putin agreed that the Russian leader would soon visit Turkey. Putin, wanted by the International Criminal Court for war crimes, has made no official visits abroad this year, and has left former Soviet territory only once since launching his invasion — a day trip to Tehran more than a year ago. Erdogan has long said he hopes to host Putin and convince him to rejoin the grain deal.

Moscow has described its recent attacks on Ukraine's grain infrastructure as retaliation for a Ukrainian strike on a bridge to Crimea, used to supply its troops in southern Ukraine.

US ambassador Bridget Brink condemned the attacks in a statement, listing recent Russian targets: "Homes. Ports. Grain silos. Historic buildings. Men. Women. Children.

"Round-the-clock and intensifying Russian strikes on Kryvyi Rih, Kharkiv, Kyiv, Kherson make it clear once again Russia has no desire for peace, no thought for civilian safety, and no regard for people around the world who rely on food from Ukraine."

Kyiv says the goal of the strikes is to reimpose Russia's blockade by persuading shippers and their insurance companies that Ukrainian ports are unsafe to resume exports.

"It is the enemy's priority to convince the international community and ship-owners in particular that ... navigation in the direction of Ukrainian-controlled ports is dangerous," said Natalia Humeniuk, military spokesperson in southern Ukraine.

Producers in Ukraine are already feeling the impact. Kees Huizinga, a farmer in Ukraine's central Cherkasy region told Reuters: "A direct consequence to our farm is that we cannot deliver 700 tons of contracted barley which we were supposed to deliver today".

Ukraine's Danube river ports such as Izmail accounted for around a quarter of grain exports before Russia pulled out of the Black Sea deal, and have since become the main remaining route out, with grain loaded onto barges and shipped to Romania's Black Sea port of Constanta for shipment onwards.

Kyiv's goal is for international ships to go straight there and load up directly.

On Sunday, Ukrainian media reported several foreign cargo ships had arrived at Izmail from the Black Sea, for the first time since the expiry of the grain deal.

The United Nations has warned of a potential food crisis in the world's poorest countries due to Russia's decision to abandon the deal, brokered by the UN and Turkey.

Moscow says it will treat ships heading to Ukrainian seaports as potential military targets.

Ukrainian officials say Moscow has hit 26 port facilities, five civilian vessels and 180,000 tonnes of grain in nine days of strikes since quitting the grain deal.



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Islamabad court rejects PTI chief’s witnesses as Toshakhana case nears conclusion

A district and sessions court in Islamabad on Wednesday rejected PTI Chairman Imran Khan’s witnesses in the Toshakhana case, saying that the ex-premier had failed to prove their “relevance” in the criminal proceedings against him.

Additional District and Sessions Judge (ADSJ) Hum­­ayun Dilawar took up a complaint against Imran, filed by the Election Commission of Pakistan (ECP), for concealing details of Toshakana gifts.

At the previous hearing, the PTI chief had submitted his response to 35 questions raised by the court.

During the hearing today, ADSJ Dilawar said the PTI lawyer had submitted a list of defence witnesses but failed to present them in court.

The judge noted that a list of four witnesses was given and the court was asked to set a date for the recording of their statements. However, the suspect didn’t record the statements of private witnesses nor did he submit the list of government witnesses, he added.

ADSJ Dilawar pointed out that all the witnesses chosen by Imran were tax consultants, while the case against the PTI chief was pertaining to hiding assets and submitting a fake affidavit. “The court is not looking at entries regarding wealth statements and income tax,” he added.

Hence, the court ruled that the suspect had failed to prove the relevance of the witnesses and could, therefore, not be granted permission to present them in court.

It subsequently summoned both respondents tomorrow for final arguments at 11am, adding that a verdict would be reserved if they refused to appear in court.

The hearing

At the outset of the hearing today, Imran’s counsel Gohar Khan requested that the court grant his client exemption from attending today’s hearing.

“Where are your witnesses?” ADSJ Dilawar inquired. In his response, the PTI lawyer sought time till tomorrow (Thursday) to present the witnesses.

However, ECP counsel Amjad Pervaiz objected to the request, saying that the court had categorically instructed the PTI to present their witnesses in court today.

“No application has been submitted yet to call any government witnesses … tell us how these private witnesses are relevant to the case? This case is related to the assets filed by the suspect,” he argued, pointing out that the first three names in the list of witnesses provided by Imran were tax consultants.

Amjad then proceeded to read Imran’s reply submitted in the case a day earlier out loud in the courtroom. “The suspect has himself said in the statement that he does not rely on the tax returns,” he said.

The ECP lawyer further alleged that the time sought to present witnesses was mere “delaying tactics”.

Here, the judge directed the lawyers to apprise the court of the witnesses.

In his response, PTI’s Gohar Khan decried that his client was told to present witnesses in less than 24 hours and once again asked the court to give them more time.

“If the witnesses are not linked to the case, the court may stop them from recording their statement,” he said, assuring that all the witnesses would come to the court and testify whether the documents submitted by Imran were correct or not.

“We expect justice from you … we should be given a level-playing field,” Barrister Gohar added.

Toshakhana case

The case, filed by ruling party lawmakers, is based on a criminal complaint filed by the Election Commission of Pakistan (ECP).

The case alleges that Imran had “deliberately concealed” details of the gifts he retained from the Toshaskhana — a repository where presents handed to government officials from foreign officials are kept — during his time as the prime minister and proceeds from their reported sales.

Imran has faced a number of legal issues over his retention of gifts. The issue also led to his disqualification by the ECP.

On Oct 21, 2022, the ECP concluded that the former premier had indeed made “false statements and incorrect declarations” regarding the gifts.

The Toshakhana is a department under the Cabinet Division that stores gifts given to rulers and government officials by heads of other governments and foreign dignitaries. According to Toshakhana rules, gifts/presents and other such materials received by persons to whom these rules apply shall be reported to the Cabinet Division.

The watchdog’s order had said Imran stood disqualified under Article 63(1)(p) of the Constitution.

Subsequently, the ECP had approached the Islamabad sessions court with a copy of the complaint, seeking proceedings against Imran under criminal law for allegedly misleading officials about the gifts he received from foreign dignitaries during his tenure as the prime minister.



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Bill to amend Secrets Act referred to standing committee after opposition in Senate

A bill to amend the century-old Official Secrets Act was referred to the relevant standing committee of the Senate on Wednesday after it faced fierce opposition when taken up for passing in the upper house of Parliament.

The outgoing government quietly got the Official Secrets (Amendment) Bill, 2023 passed by the National Assembly yesterday in a bid to grant blanket powers to intelligence agencies, which will be able to raid and detain any citizen, even under suspicion of them breaching the law.

According to the Senate agenda for today, Interior Minister Rana Sanaullah Khan was to move the bill for passing.

However, in his absence, Law Minister Azam Nazeer Tarar presented the bill amid loud opposition from both sides of the aisle.

Following that, Senate Chairperson Sadiq Sanjrani said the Official Secrets (Amendment) Bill, 2023 stood referred to the standing committee.

The bill

The amendments in the secrets act have broadened the definitions of military installations and bring digital and modern means of communication into the law’s ambit. According to experts, this could bring vloggers and bloggers within the ambit of the law as well.

The definition of a “document” has been widened as it now includes “any written, unwritten, electronic, digital, or any other tangible or intangible instrument” related to the military’s procurements and capabilities.

Likewise, the definition of “enemy” introduced in the proposed law states: “Any person who is directly or indirectly, intentionally or unintentionally working for or engaged with a foreign power, foreign agent, non-state actor, organisation, entity, association or group guilty of a particular act… prejudicial to the safety and interest of Pakistan.”

Experts term this section “against the principles of natural justice” as it treats unintentional contact at par with planned espionage.

The proposed law is going to empower the Inter-Services Intelligence (ISI) and Intelligence Bureau (IB) to raid and arrest a citizen over the suspected breach of official secrets, while simply disclosing the name of a secret agent will also be considered an offence.

Through an amendment in Section 11, the lower house gave vast powers to officials of intelligence agencies as they would be allowed to “at any time, enter and search any person or place, without warrant, and if necessary, by use of force, and seize any document, sketch, or like nature, or anything which is or can be evidence of an offence committed or suspecting of been committed, under this act”.

An amendment in Section 6 proposes a penalty on a citizen with a prison term of three years for disclosing the “identity of the members of the intelligence agencies or the informants or sources”.

Moreover, clauses related to prohibited areas have also been amended and it would be an offence if “someone access, intrude, approach or attack any military installation, office, camp office or part of building”.

At present, the offence is restricted to such movement during the time of war only, however, the proposed legislation has expanded this to peacetime as well.

Section 3 is being renamed from “penalties for spying” to “offences”.

With slight amendments to the existing offences, it has also added the photography through drone cameras of prohibited areas as a crime.

The amendments in Section 4 also term a visit to the address of a foreign agent within or outside Pakistan as an offence.

The proposed law empowers the Federal Investigation Agency (FIA) and the officials of intelligence agencies to investigate suspects for violation of the Official Secrets Act.

It says: “An investigating officer under this act shall be an officer of the Federal Investigation Agency not below the rank of BPS-17 or equivalent. The said officer shall be designated by the Director General [of] FIA for the purpose of investigation. If the Director General [of] FIA deems necessary, he may constitute a joint investigation team, convene by such officer and consisting [of] such other officers of intelligence agencies as he may appoint.”

The JIT is supposed to complete the investigation in 30 working days and the challan would be submitted to the special court through public prosecutor.

The law also deals with the admissibility of the evidence and states: “All material collected during the course of inquiry or investigation, including electronic devices, data, information, documents, or such other related material, which facilitates the commission of any offence under this act, shall be admissible.”

A bare perusal of the proposed law suggests as it was drafted while keeping in mind the May 9 violence, which erupted after the arrest of PTI chief Imran Khan in a corruption case.

However, legal experts believe that it could not be used against those who had attacked military installations on May 9 since the law could not be invoked retrospectively.

A lawyer well-versed with the Official Secrets Act said that the definition of documents and providing legal cover to the raids of intelligence agencies has been changed as the superior courts passed some judgements on these subjects. However, legal experts did not rule out the possibility of these sections being applied to politicians or activists in the future.


More to follow



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Trump faces deepening legal risks for effort to reverse 2020 election

Efforts to hold Donald Trump criminally responsible for attempting to overturn the 2020 election were gaining steam, as the former US president prepared to face federal charges in a Washington courtroom on Thursday while Georgia state prosecutors looked poised to issue their own charges in the coming weeks.

Trump — the front-runner for the 2024 Republican presidential nomination — was indicted on Tuesday on four counts, including conspiring to defraud the US by obstructing an official proceeding and conspiring to deprive voters of their right to fair elections.

In the 45-page indictment filed by Special Counsel Jack Smith, prosecutors described a sprawling, multistate conspiracy built upon Trump’s repeated false claims that Democrat Joe Biden’s victory had been marred by widespread fraud.

According to the indictment, Trump ignored advisers who told him the election was not fraudulent and helped organize fake slates of electors to try to capture electoral votes in states he had lost.

Trump and his allies knowingly pushed those lies as part of a pressure campaign to try to convince state and federal officials to throw out the election results, prosecutors said, culminating in a mob of Trump supporters storming the US Capitol on Jan 6, 2021, in an attempt to block Congress from certifying Biden’s victory.

“Despite having lost, the defendant was determined to remain in power,” the indictment said.

The Trump campaign issued a statement accusing the Biden administration of targeting him for political gain.

“The lawlessness of these persecutions of President Trump and his supporters is reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes,” the campaign said.

Smith, the former chief prosecutor for the special court in The Hague, was appointed as special counsel by US Attorney General Merrick Garland.

Special counsels are sometimes named to handle politically sensitive investigations to insulate the Justice Department from allegations of bias.

Trump, 77, the first former US president to face criminal charges, has been indicted on three separate occasions this year. In June, Smith’s office charged him in a separate case with illegally retaining classified documents after leaving the White House and obstructing efforts to retrieve them.

Earlier this year, the Manhattan district attorney’s office brought charges that he falsified business records to hide hush money payments to a porn star who claimed to have had an affair with Trump years ago.

Trump has pleaded not guilty in both cases and has portrayed those investigations, as well as the election probes, as part of a coordinated “witch hunt.”

In Georgia, the district attorney in Atlanta, Fani Willis, has been investigating whether Trump and his associates illegally interfered with that state’s election for more than two years. Willis, an elected Democrat, has signalled she intends to bring charges in that probe within the next three weeks.

Despite the steady drumbeat of scandal, Trump has continued to hold a wide lead over a field of Republican rivals in the 2024 presidential race, according to public polls.

Strategists said that while the indictments could help Trump solidify support among Republican voters, who view the charges as bogus, they could prove more damaging among independent voters in the general election against Biden.

Many Republican officials, unwilling to anger Trump’s substantial base of supporters, attacked Biden instead, claiming that the latest charges were politically motivated.

Trump’s chief rival for the Republican nomination, Florida Governor Ron DeSantis, declined to address the specifics in the indictment but vowed to end “the weaponization of the federal government.”



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PM Shehbaz again invites Turkiye to join CPEC

Prime Minister Shehbaz Sharif on Wednesday renewed his invitation to Turkiye for joining the China-Pakistan Economic Corridor (CPEC), citing the latter as a “natural partner”.

The premier made the remarks while addressing the launch of the fourth Milgem class corvette at the Karachi Shipyard, where Turkiye Vice President Cevdet Yilmaz was also present.

In November last year, the premier had invited Turkiye to join CPEC to bring about regional prosperity, alleviate poverty and empower people through better education and health facilities.

Months earlier, he had proposed turning CPEC into a “trilateral arrangement” between China, Pakistan and Turkey so that all three nations could benefit from its potential.

Addressing the ceremony in Karachi today, the premier said that Port Qasim was a hub but there was a need to link it with Gwadar, where business had “just started”.

“CPEC is a roaring success,” the premier said, as he noted that Pakistan and China had recently agreed to launch the second phase of the project.

“This will be in multiple directions […] and this is bound to increase the quantum of business transactions through sea and land between China and Pakistan, and in that Turkiye is a natural partner.

“I would like to once again renew this invitation that let us join hands in this wonderful story of mutual, joint progress and prosperity,” Shehbaz said.

At the outset of his speech, the premier said that the relations between the two countries were “deep-rooted and historic”.

“We are united by a common faith, heritage and civilisation and we share our perspectives on regional and global issues. The relations between our two countries predate the establishment of Pakistan,” he said.

“We celebrate each others’ success stories and stand together in the face of challenges,” the premier said as he recalled the visit of Turkiye President Tayyip Erdogan during the 2010 floods.

PM Shehbaz further said that Turkiye also stood by Pakistan during last year’s devastating floods, saying that it was “very valuable and timely help”.

He said that the launch of the warship was another example of the countries’ commitment to supporting the other and to strengthen trade, industry and economic cooperation.

“I think it is high time we further enhance our strategic cooperation and add onto this wonderful joint venture in many other areas,” he said.



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Death toll in Hindu-Muslim riots near India’s capital rises to 6

Riot police were patrolling urban neighbourhoods near India’s capital on Wednesday following a second night of sectarian riots that have killed six people so far.

The unrest began on Monday when mobs hurled stones at a Hindu religious procession and set cars alight in the predominantly Muslim district of Nuh, around 75 kilometres south of New Delhi.

Arson and vandalism attacks broke out the following evening in parts of nearby Gurugram, a satellite city of the capital and a key business centre where Nokia, Samsung and other multinationals have their Indian headquarters.

One neighbourhood saw a mob of around 200 people armed with sticks and stones loot several meat shops and set fire to a restaurant while chanting Hindu religious slogans.

Haryana state chief minister Manohar Lal Khattar said six people had been killed in the violence and 116 arrested so far.

“Those found guilty will not be spared. We are committed to the safety of the public,” he told reporters on Wednesday.

Two of the dead were security personnel on their way to help contain the unrest in Nuh, state police said on Tuesday.

Police in New Delhi said they had increased security in some neighbourhoods as a precautionary measure.

Local media reports said tensions first flared after prominent Hindu nationalist activist Monu Manesar, a member of the radical right-wing group Bajrang Dal, announced he would attend Monday’s procession in Nuh.

Manesar is wanted by police over accusations that he was responsible for the lynching of two Muslim cattle traders in another part of Haryana state.

The alleged vigilante leader regularly posts videos celebrating attacks on Muslims accused of transporting or killing cows, which are considered sacred by Hindus.

Police said Manesar was evading arrest and ultimately did not join the procession.

Since Prime Minister Narendra Modi took office in 2014, India has seen numerous outbreaks of violence between majority Hindus and its 200-million-strong Muslim minority.

Critics accuse the ruling Hindu-nationalist Bharatiya Janata Party of marginalising the Muslim community since coming to power.

Religious riots in New Delhi left 53 people dead in 2020.

And at least 1,000 were killed in 2002 during violence in Gujarat, where Modi was serving as chief minister at the time. Most of the victims were Muslims.

Tax officials raided the BBC’s India office in February after the British broadcaster aired a documentary on Modi’s actions during the riots.

A probe appointed by India’s top court said in 2012 it did not find any evidence of wrongdoing by Modi.



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