ISLAMABAD: As a last resort after losing the election symbol, PTI on Tuesday filed a curative petition with the Supreme Court, seeking to overturn the Jan 13 and Oct 21 rulings that supported the Election Commission of Pakistan’s decision to deny the party its ‘bat’ symbol.

The curative petition is a final remedy that allows the SC to reconsider a dismissed review petition.

The 32-page petition, moved by Advocate Ajmal Ghaffar Toor, says the present petition has been necessitated by circumstances during the hearing and therefore based upon the principle of natural justice.

Besides the verdict is per incuriam and not a judgement at all, argued the petition, adding the petition was relying upon the Aug 22 Mubarak Ahmed Sani case in which the Supreme Court had altered its earlier decision.

Judgement was per incuriam, 32-page petition argues

The petition argues that the judgement was per incuriam, meaning it was made in ignorance of the terms of a statute or rule having the force of a statute. A decision made per incuriam can be considered a mistake and may not be binding.

The petition also relied on the Aug 22 Mubarak Ahmed Sani case, where the SC had altered its earlier decision, setting a precedent for revisiting previous judgements.

On Oct 21, the SC headed by former chief justice Qazi Faez Isa rejected PTI’s petition, seeking to revisit Jan 13 verdict in the bat symbol case.

The review petition was dismissed on the grounds that no illegality or material error in the judgement was pointed out by the petitioner.

During the case, the senior counsel Hamid Khan had pleaded before the apex court that he did not want to argue before a bench headed by a person who “harbours bias against PTI”.

It is the case of the petitioner that both judgements of Jan 13 and Oct 21 were void and non-existent in the eyes of law. The petition has raised questions of public importance with respect to fundamental rights and interpretation of the laws relating to the electoral rights of the people who were true sovereigns, by seeking to invite SC’s attention towards two of its own judgments, the curative review says.

On May 26, 2021, PTI had moved a curative review petition before the SC against Justice Isa who had won a case on a review petition. Then the curative review petition was moved against the majority order in favour of Justice Isa.

Later on July 21, 2023, ex-CJP Umar Ata Bandial rejected in chambers PTI’s curative review petition against Justice Isa whereas Justice Syed Mansoor Ali Shah in his additional note stated that a second review or a curative review or whatever given name, was not maintainable under Article 188 since this provision envisages only one-time exercise of this jurisdiction, whether made on a review petition or suo motu in respect of any of its judgments.

Now the fresh curative petition pleads that the SC judgment of Oct 21 was virtually an ex-parte order as no substantive hearing took place in view of the objections raised against former CJP Qazi Faez Isa and therefore it would serve the interest of justice that the judgement was set aside and the review petition was fixed for hearing again.

The curative review argued that both Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, who were members of the bench which heard the review petition then, signed allegedly a blatantly biased orders, dictated by then CJP and therefore they have disqualified themselves from hearing the present petition.

Published in Dawn, November 13th, 2024

TEHRAN: Iranian bank cards can now be used in Russia, state television reported, as the two countries linked their banking systems in the latest bid to counteract sanctions.

Iranian banks have been excluded since 2018 from the SWIFT international financial messaging service, which governs the vast majority of transactions worldwide.

The move is part of a raft of sanctions that were re-imposed on Iran after the United States withdrew from a landmark 2015 nuclear deal.

Iranian bank cards can now be used in Russia, state television channel IRINN said on Monday, showing the withdrawal of money using an Iranian bank card from an ATM in Russia.

Iranians can now use their cards in Russia to pay for in-store purchases

The operation was made possible by connecting Iran’s interbank network Shetab to its Russian equivalent Mir, the channel said.

Iranians can currently withdraw money in Russia, and will in the future be able to use their cards to pay for in-store purchases, it added.

“The plan is also going to be implemented in other countries that have a wide range of financial and social interactions with Iran, for example Iraq, Afghanistan and Turkiye,” it said.

Both Iran and Russia have sought to counteract the effects of sanctions on their economies.

Since the start of Russia’s invasion of Ukraine in 2022, Moscow has faced mounting sanctions, and its ties with Tehran have grown closer in parallel.

Ukraine and its Western allies have since the start of the conflict accused Iran of supplying Russia with both drones and missiles for use in the war.

Tehran and Moscow signed an agreement in June to strengthen their cooperation in the banking sector.

In the future, Russians will also be able to use their bank cards in Iran, IRINN said, without specifying when.

Russia has been pushing for the creation of an international payment platform as an alternative to the SWIFT service, from which key Russian banks have also been excluded since 2022.

Published in Dawn, November 13th, 2024

Tremors were felt in various cities of Khyber Pakhtunkhwa as well as Islamabad on Wednesday after a quake jolted Afghanistan’s Badakhshan region.

According to the United States Geological Survey (USGS), the earthquake had a magnitude of 5.1, while the Pakistan Meteorological Department (PMD) reported it as having a 5.3 magnitude.

The USGS said the quake’s centre was located 37 kilometres west-southwest of Afghanistan’s Ishkashim town and had a 220.7km depth.

The earthquake struck at 10:13am (Pakistan time), both the USGS and PMD confirmed.

No casualties have been reported so far.

DawnNewsTV reported that the tremors were felt in Peshawar and its adjoining areas, as well as Islamabad.

Speaking to DawnNewsTV, two correspondents based in the cities said the quake caused people to evacuate buildings.

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