UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS MAY 2021 2 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS MAY 2021 This update is meant to identify key developments during the month on Performance of Democratic Institutions in Pakistan with selected high-profile international developments included occasionally. IN THIS ISSUE 1 Federal Cabinet allows senior bureaucrats to take contractual jobs 2 LHC Chief warns Chief Secretary and Defence Ministry of serious consequences 3 Jehangir Khan Tareen forms a group within the PTI 4 NA 249 Karachi by elections 5 The Elections (Second Amendment) Ordinance, 2021 promulgated 6 Shehbaz Sharif on ECL 7 PM advises Ambassadors not to serve overseas Pakistanis with “indifferent attitude” 8 Pakistan, Saudi Arabia call for Dialogue on Kashmir issue 9 Dr. Moeed Yusuf appointed as the National Security Adviser 10 Rawalpindi Ring Road (RRR) Scandal MAY 2021 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 3 IN THIS ISSUE 11 Journalist Asad Toor attacked at his house 12 SC Registrar returns Government pleas to review Justice Faez Isa verdict 13 PIA assets unfreezed in Reko Diq case 14 241st Corps Commanders’ Conference 15 Prime Minister visits ISI Headquarters 16 US and Pakistan NSAs Meet in Geneva 17 Prime Minister and COAS interactions 18 FM says Pakistan shall not provide military bases to US 19 Chairman Senate meets Foreign Dignitaries 20 Speaker National Assembly meets Foreign Dignitaries 21 Interactions of COAS with Foreign Dignitaries 22 Bashar al-Assad re-elected President for a fourth term 4 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS MAY 2021 PM chairing meeting of the Federal Cabinet FEDERAL CABINET ALLOWS SENIOR BUREAUCRATS TO TAKE CONTRACTUAL JOBS On May 04, the Federal Cabinet decided to allow serving senior bureaucrats to take contractual jobs on Management Position scales (MP-I, MP-II and MP-III) without resigning from their posts. This also means that after leaving their MP-scale job, bureaucrats can rejoin their previous jobs at the end of their contract term. Earlier only retired officials and skilled professionals from the private sector could apply for MP- scale positions. The decision was taken in the light of the recommendation by the Special Committee on Institutions Reforms headed by Dr. Ishrat Husain. 1 In June 2020, Prime Minister, Mr. Imran Khan had approved MP scales for hiring of professionals or technocrats in ministries, divisions and attached departments as well as autonomous bodies, and maximum age for MP-I, MP-II and MP-III scale jobs was also reduced to 62 years. Under the MP scales policy, the government appoints highly skilled, qualified professionals from open market on a tenure basis (contract) against MP-scale positions in ministries/divisions, attached departments, subordinate offices, autonomous or semi-autonomous bodies, regulatory authorities, etc., These are determined by the finance division from time to time with the Prime Minister’s approval. The move gathered some criticism from senior bureaucrats with few bureaucrats saying that opening of MP scales would benefit well connected officers who are in good books of government, ministries or federal secretaries and could harm government’s effort to reform bureaucracy as they would be paid according to the market conditions of the private sector for a fixed term. On the other hand, Mr. Mohammad Shehzad Arbab, the Special Assistant to the Prime Minister on Establishment, hailed the move saying this will allow serving civil servants to compete with outsiders for MP scales. 2 1 Dawn (2021) Bureaucrats allowed to take jobs on contract at better scale. Available at https://www.dawn.com/news/1622099/bureaucrats-allowed-to-take-jobs-on-contract-at-better-scale. (Accessed 05 May 2021) 2 Dawn (2021) Decision to induct private sector experts into civil service stirs debate. Available at https://www.dawn.com/news/1622978. (Accessed 10 May, 2021) MAY 2021 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 5 LHC CHIEF WARNS CHIEF SECRETARY AND DEFENCE MINISTRY OF SERIOUS Lahore High Court building On May 04, Chief Justice of the Lahore High Court (LHC) Justice Muhammad Qasim Khan sought a written explanation from the Chief Secretary Punjab for not appearing in the Court on account of a meeting with the Corps Commander, which according to the Defence Ministry never took place. The Chief Justice observed that either Defence Ministry or the Chief Secretary appear to be misleading the Court and warned both of serious consequences if any of the two misrepresented facts. 3 Chief Justice was hearing a petition by the Pakistan Broadcasters Association (PBA) seeking recovery of outstanding payment from the government which is causing financial problems for TV Channels. The Court had summoned the Chief Secretary Punjab Mr. Jawad Rafique Malik at a previous hearing but was informed that Mr. Malik is in a meeting with the Corps Commander. The Chief Justice then issued a notice to Defence Ministry requiring record, minutes and date of this meeting. However, the Ministry of Defence informed the Court on May 4 that no such meeting took place between the Chief Secretary and the Corps Commander on the date of the previous hearing. 3 Dawn (2021) CS told to explain skipping court over ‘corps commander meeting’. Available at https://www.dawn.com/news/1622084. (Accessed 05 May 2021) 6 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS MAY 2021 JEHANGIR KHAN TAREEN FORMS A GROUP WITHIN THE PTI Mr. Jehangir Tareen speaking to media outside the LHC On May 18, Jehangir Tareen, Senior leader PTI, formed separate parliamentary groups of PTI both in the National and the Punjab Assembly. The announcement came at a dinner hosted by Mr. Tareen at his residence where (according to Raja Riaz) total strength of the group (MNAs and MPAs included) was close to 40. 4 On May 19, Mr. Tareen, while addressing the media outside the Lahore High Court, said there is no split in PTI but admitted that he formed a parliamentary group which would be raising their voices in the Punjab Assembly against Punjab Government’s act of revenge. 5 On May 21, the group members met with CM Punjab where matters pertaining to the constituencies of MPAs were discussed. 6 On May 26, Raja Riaz claimed that Senator Barrister Ali Zafar’s analysis of the Federal Investigation Agency (FIA) cases against Mr. Tareen were completed and Mr. Tareen was given a ‘clean chit.’ Senator Zafar, however, refuted this claim and shared that he has not submitted any report to the PM. 7 4 Dawn (2021) Tareen, loyalists form group in NA, Punjab assembly. Available at https://www.dawn.com/news/1624364/tareen-loyalists-form-group-in-na-punjab-assembly. (Accessed 19 May, 2021) 5 Dawn (2021) Tareen dispels reports of split in PTI, says there’s no forward bloc. Available at https://www.dawn.com/news/1624513. (Accessed 19 May 2021) 6 Dawn (2021) Tareen group loses steam after Buzdar meeting. Available at https://www.dawn.com/news/1624991/tareen-group-loses-steam-after-buzdar-meeting. (Accessed 22 May, 2021) 7 Dawn (2021) Controversy over Ali Zafar’s findings in Tareen case deepens. Available at https://www.dawn.com/news/1625894. (Accessed 27 May, 2021) MAY 2021 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS 7 Mr. Miftah Ismail addressing a press conference after a hearing at the ECP NA 249 KARACHI BY ELECTIONS On May 6, the PPP again emerged victorious through the recount process of NA-249 constituency by-poll held on April 29, 2021. However, the four main contesting parties, PML-N, PTI, MQMP and PSP boycotted the recount and alleged that returning officer (RO) did not provide them with forms 45 and 46 and refused to conduct a proper audit. 8 On May 4, the Election Commission of Pakistan (ECP) had ordered recounting of votes in the by- poll as per petition request for recount filed by the PML-N candidate, Mr. Miftah Ismail. The PPP, whose candidate, Mr. Qadir Khan Mandokhail, was victorious with a small margin in the by-election, expressed its displeasure over the recount while their information secretary criticized PML-N for seeking Army’s intervention after losing the election. Mr. Shehbaz Sharif, Vice President, PML-N hailed the ECP’s decision and stressed that narrow difference in votes required the recount. It must be noted that earlier PPPP leaders, Mr. Nayyar Bukhari and Mr. Farhatullah Babar had welcomed ECP’s decision saying its PML-N’s right for the recount.9 8 Dawn (2021) Four major parties boycott recount of votes in NA-249 by-election. Available at https://www.dawn.com/news/1622425/four-major-parties-boycott-recount-of-votes-in-na-249-by-election. (Accessed 7 May 2021) 9 Dawn (2021) PML-N urges CEC to place NA-249 ballots in army’s custody. Available at https://www.dawn.com/news/1621692. (Accessed 03 May, 2021) 8 UPDATE ON THE PERFORMANCE OF DEMOCRATIC INSTITUTIONS MAY 2021 THE ELECTIONS (SECOND AMENDMENT) ORDINANCE, 2021 PROMULGATED On May 08, the Elections (Second Amendment) Ordinance, 2021 was promulgated asking the ECP, through technical assistance from NADRA or any other authority or agency, to enable overseas Pakistanis to exercise their right to vote. The ordinance also asked the ECP to procure Electronic Voting Machines (EVMs) for casting of votes in general elections. 10 Federal Minister for Information claimed that the ECP was on-board on both these amendments. The ECP, however, rejected the government claim that it was on board on the matter. 11 Electoral reforms and use of EVMs has been a burning issue of late, as opposition parties Electronic Voting Machines (EVMs) including the PML-N and the PPP have opposed the use of EVMs in next general election. 12 Mr.