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Apr 10, 2022

pro-forma order

Translated from the Urdu lang., unofficial translation
Islamic Republic of Pakistan
President's Secretariat, Aiwan-e-Sadr, Islamabad

(Preliminary) order number 3/ 2022

On 10/04/2022 President, assisted by the barristers ...has introduced with the 10/04/2022 publication "Imran showed the door" of the Jang Group of Newspaper, located at the Printing House, I.I. Chundrigar Road, Karachi, Pakistan, code 74200 according to the operator of the Universal Postal Union, Switzerland in the President's palace. hereinafter referred to as "the publication".

The publication cities in the English language, among others, "The no-confidence resolution against Imran Khan has been passed by majority of total membership of the House,” Sardar Ayaz Sadiq said while announcing the result of voting at 12:59am".

On 10/04/2022 President, assisted by the barristers ...has introduced with the 10/04/2022 publications of the front pages of www.down.com edition of the Pakistan Herald Publication (Pvt.) Ltd, located at Haroon House, Karachi, code unknown according to the operator of the Universal Postal Union, Switzerland.

The publication and the front pages, which copies are in the possession of the Secretariat, described the following chronology of the political events.

On 7 or 8 Match 2022 the sitting of the National Assemby took place without the announced agenda (Rule 239 of Rules of Procedure and conduct of business in the National Assembly).

On 8 Match 2022 unknown member of the National Assemby applied for the unspecified agenda, according to which the members of the National Assembly have adopted the resolution for a vote of no-confidence in unspecified procedure.

On 28 Match 2022 the deputy speaker of the National Assemby ... (full name, political party) terminated the procedure by the short disclosure of his motion to the National Assemby ("unconstitutional"), without the service of the decision in the Gazette of Pakistan (Rules 262, 283 of Rules of Procedure and conduct of business in the National Assembly)

On 3 April 2022 the Supreme court produced the order NO.1 OF 2022 in "SUO MOTO case", according to which Justices Umar Ata Bandial, Ijaz ul Ahsan, Muhammad Ali Mazhar took the petition of an unidentified office, represented by petitioners Khalid Javed Khan, Attorney General for Pakistan,
Sohail Mehmood, Addl. AGP.,
Ahsan Bhoon, ASC,
President, SCBA,
Farooq H. Naek, Sr. ASC,
Sardar Muhammad Latif Khan,
Khosa, Sr. ASC,.
Babar Awan, Sr. ASC,.
Azam Nazeer Tarar, ASC,.
Kamran Murtaza, Sr. ASC
of the unidentified jurisdictions,

The justices stated "We would also like to examine whether such action is protected by the ouster contained in
Article 69 of the Constitution", "all the political parties involved in the process of the no confidence motion in the National Assembly and other political forces are directed to observe the law and maintain peace and public order", "We have also been informed that Pakistan Peoples Party as well as the Supreme Court Bar Association have filed Constitution Petitions under Article 184(3) of the Constitution on the same subject. " without the disclosure of the source of their knowledge (...).

The justices did not disclose the petition and the demand of the petitioner.

Such acts of the justices constitute the violations of Articles 6, 22 of QANUN-E-SHAHADAT ORDER, 1984 in conjunction with Article 192 of the Constitution, Article 18 of the Pakistan Citizenship act, 1951.

On 7 April the Supreme court has altered the panel, which was formed by justices Umar Ata Bandial, CJ (?), Ijaz ul Ahsan,
Mazhar Alam Khan Miankhel, Mr. Justice Munib Akhtar, Jamal Khan Mandokhail without the disclosure of the reasons and law, did not disclose the demands of each petitioner, refused to schedule the invitation and hearing of each responder, delivered the order in the form of the declarations.

The panel of the Supreme court promised to serve full judgement, that follows from their statement "For detailed reasons to be recorded later and subject to what is set out therein by way of amplification or otherwise...". The panel of the Supreme court has not served their order to the Gazette of Pakistan and to each participant of the open
case number 1/2022.

Such acts of the justices of Supreme court constitute the serious violations of 10a, Article 192 of the Constitution, Article 18 of the Pakistan Citizenship act, 1951.

The list of very similar violations is published in the orders from year 2017 in unofficial edition of the Supreme court, which is related to the unspecified technology "internet".

On 9 April 2022 the sitting of the National Assemby took place without the announced agenda repeatedly (Rule 239 of Rules of Procedure and conduct of business in the National Assembly).

As a result, allegedly the deputy speaker of the National Assemby announced no confidence vote and the removal of the national Imran Khan (a representative of Pakistan Tehreek-e-Insaf) from the elect position of Prime Minister in the session on 10/4/2022. The announcement was not published in the Gazette of Pakistan repeatedly and thus was not delivered to President.

In addition, the above said justices of the Supreme Court have not approved and have not delivered the approved budget of the Supreme Court to President and have not served the approved budget to the people of Pakistan in the financial years 2018-2022 prior to any demand in favor of the Supreme court.

I assume, the order of a public official can not enter in force until it is delivered to each participant of such order and to the people of Pakistan until such order constitutes an official secret (Article 19 of the Constitution).

The gravity, number of the violations, length of violations, impact on the public order of the Islamic republic of Pakistan are taken in the account, herewith.

Articles 10 (4) of Constitution: "No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding three months ..."

Articles 277 (2) of Constitution: "The President may, in respect of expenditure of the Federal Government for any financial year preceding the Financial year commencing on the first day of July, one thousand nine hundred and seventy-three (being
expenditure in excess of the authorized expenditure for that year), authorize the withdrawal of money from the Federal Consolidated Fund."

On 09/04/2022 President received the advice the Prime minister on the dissolution of the National Assembly. the Prime minister has not published his advice in the Gazette of Pakistan

The grounds of the order: Articles 45, 277 (2) of the Constitution.

President decided:-

1. To order the Chief Justice of Supreme Court, the Secretary of the National Assembly, Prime minster to publish the budget of each subordinated office, to publish each public order, valid contract and valid agreement, except containing the official secret, in the Gazette till 11 July 2022.

2. To bar the domestic expenditures, except payment of the utilities (gas, electricity, water) in favour of the accounts of the Supreme Court, of the National Assembly, of the Cabinet from the Federal Consolidated Fund till 11 July 2022.

3. To deliver the allocation of the expenditures of each stated office for the period of time from 10 April 2002 till 11 July 2022 to the Auditor-General for his confirmation or for his denial of the confirmation of the report on expenditures, his observations on the report on expenditures within next 30 calendar days.

4. To publish the present order in the Gazette of Pakistan within 24 hours.

The order can not be appealed inland and in the diplomatic representatives of Islamic Republic of Pakistan.

Executed in the Embassy of Hiroshima, Japan on 10 April 2022.
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Apr 8, 2022

Jang Media Group unethical article (urdu) "Court adjudication secures Pakistan's future and ..." dated April 7, 2022

From April 4.2202 I constantly searched the opportunities for purchase the one way ticket for my travel from London Heathrow airport till Jinnah International with the Pakistan International airlines ("PIA") with the departure date 9 April of this year.

PIA site offered search of the flights for their passengers on line at their site.
After I started to search the desired PIA flights, PIA displayed, their flights are not available on this route for me.
I was stuck and intended to fill the complaint against PIA due to violation of my individual right in the Karachi magistrate court, East until I met the April 7, 2022 article "Court decision secures Pakistan's future and constitution" (Urdu: عدالت کے فیصلے نے پاکستان کے مستقبل اور آئین کو محفوظ کیا، شہباز شریف) of the Pakistani journalists at their www.jang.com.pk site. .

All Pakistani influential mass media, Jang Media Group including, highlighted April 7, 2022 day with comments of the most influential politicians to the adjudication of 5 justices of the Supreme Court (Chief Umar Ata Bandial, Ijaz ul Ahsan, Mazhar Alam Khan Miankhel, Munib Akhtar, Jamal Khan Mandokhail), which receive approved annual salary of the figure of 6 digits in raw in Pakistani rupees, without the disclosure of the entire adjudication.

The team of the journalists of www.dawn.com site introduced their readers with the light vision of the adjudication of "SUO MOTO CASE NO.1 OF 2022" - preliminary order dated April 7, 2022, which was accepted for examination on April 3, 2022 and "in room" questions and answers of the part of the participants of the process:-
Justice Bandial ("... We need a strong government. This will be a very difficult task for the opposition leader..."),
Senator Ali Zafar, the president's counsel (""Can Parliament interfere if there's a conflict between judges? The answer is no. The judiciary has to settle the matter. It can't interfere just like Parliament can't [interfere in judges' matters]."),
among few influential political figures of entire Pakistan.

Of course, the participation in the hearing of the Supreme Court in the status of an observer is a significant event for the journalist. The participation in the hearing of the Supreme Court in the status of the petitioner or a responder is a routine for top government lawyers.

The short version of the adjudicated of the "Sou Moto Case NO.1 OF 2022" of the Supreme Court, which was originated on March 8, 2002 by the petition of the representative of PPP in the Parliament was delivered to the judges, other lawyers of the Supreme court and for general public. The Pakistan justices promised to introduce full version of the adjudication of April 7, 2022 in unknown edition later.

the journalists of Jang Media Group referred to admiration of the member of the Parliament ("یوانِ زیریں پاکستان‬ ‎") Mian Muhammad Shahbaz Sharif, as a leader of a "joint Opposition", without the disclosure of the political party, which he had been representing in the Pakistani Parliament: "This (adjudication of April 7, 2022 ) is a victory of justice, constitution and law ("شہباز شریف نے کہا کہ یہ انصاف، آئین اور قانون کی جیت ہے۔").
to aspirations of barrister Ali Zafar, who is a legal counsel for the President ("... there is less possibility of appeal against the decision of five judges...") .

The most active supporter of any composition of the Pakistan government - journalists of www.geo.tv site published the text of adjudication dated April 7, 2022 in the "suo moto CASE NO.1 OF 2022" in full.

The legal view of the Pakistan barrister obviously different from the publication of a journalist as the purpose of the lawyer is to defend his or her client - a person, who has a legal and monetary interest directly and for an agreed remuneration in the dispute where the client or the close relative involved.

Previously, all Pakistani bases sites reported, and Justice of Supreme court had confirmed on the April 3, 2022 primary session, that the "joint Opposition" demands were based on Article 184 (3) of the Constitution without the disclosure of the entire demands themselves (article 6 of ORDER XXV of the Supreme Court rules, 1980). The preliminary order of 5 justices did not state the connection with Article 184 (3) of the Constitution itself (Article 2 of Order VI of the Rules of the Supreme Court)

The order of 5 justices of the Supreme Court dated April 7, 2022 does not disclose the legal grounds of the adjudication itself (Article 191 of Constitution).

The order of 5 justices of the Supreme Court dated April 7, 2022 states the composition of the participants, which were not heard partially and which defence was not known to honourable justices (Articles 7 and 9 of Order VI of the Rules of the Supreme Court, Article 10A of Constitution).

The order of 5 justices of the Supreme Court dated April 7, 2022 does not disclose, which costs were incurred, which account for,who, will bear the costs.

The next indefinite issue, which the Supreme Court had not disclosed, which the eyes of the "joint Opposition" were hide from,
which defined procedure shall be followed by the Parliament in order the restore the rights of the undisclosed petitioner back to the status of March 28, 2022 (Article 29 (3) (of Chapter 2) of Constitution).

As a result, after I have reached the Karachi magistrate court, East by the other than PIA carrier, and the civil suit goes in struggle with PIA till the higher court in Pakistan, the order dated April 7, 2022 of the Supreme court contradicts the obligations of Pakistan, taken in
Article 28 (2) of Convention for the Unification of Certain Rules Relating to International Carriage by Air, 1929.

Within the lack of the expectations for the defined benefits of the parties (petitioners, responders, witnesses) involved, the case of the "joint Opposition" originated in the Parliament on March 8, 2022 is incomplete (not covered) in the newspaper, owned by Jang Media Group.
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Apr 6, 2022

geo.tv unethical article "Constitutional crisis: ... " dated 6 April 2022

From April 4.2202 I continued to search opportunities for purchase the one way ticket for my travel from London Heathrow airport till Jinnah International airport with the Pakistan International airlines ("PIA") with the departure date 9 April of this year.

PIA site offered the search of the flights in the very beginning of their services on line. After I started to search the desired flights, PIA showed that the flights are not available on this route for me. I did not refuse to fill the complaint against PIA in the Karachi magistrate court for myself until I met the article "Constitutional crisis: ... " dated 6 April 2022" of geo.tv - the Pakistan based site.

The journalist reported his observations from Islamabad: "The Supreme Court (of Pakistan) adjourned the hearing on the "unconstitutional" ruling by National Assembly Deputy Speaker Qasim Suri to impede the vote of no-confidence against Prime Minister Imran Khan for the fourth consecutive day", quoted Chief justice Bandial" a very important case is being heard in this court", quoted the position of judges "no one has been termed a traitor in regard with Article 5 but the action taken under Article 5 has been stated as treason" without giving the place of the final adjudication.

Remark: article 5 of the Pakistan constitution consists of 2 parts: the 1st part set the concept of "loyalty" in Pakistan, the 2nd part discloses the essence of the "loyalty". The citizen is loyal for the people of Pakistan, when his or her acts do not contradict with religious and moral traditions of native inhabitants or do not violate the law, in simple words.

Journalists of geo.tv noted that "Awan argued that the joint Opposition wants that the court issues a brief order in their favour", that is not in the compliance of the signature and the demands primary application dated 3.4.2022, which was accepted by the Supreme court.

The same witness lawyer Awan noted "complainant parties want reference to the National Security Committee in the ruling is ignored in this case".

The National Security Committee is not a part in the case at all, can be a part of court's hearing in Pakistan.

So, it is unclear for honourable Pakistan justices, who had signed the petition dated 3.4.2022, which signatory party represents in the case, what the petitioners had demanded or going to demand from the justices in the light of article 184 (3) of the constitution.

Further, the geo.tv journalists stressed again: the Chief justice "Bandial had taken a suo motu notice of the constitutional crisis that erupted after the incident".

Likely, the journalist, and already unspecified "opposition", did not understand the meaning of the received primary application dated 3.4.2022, which must comply with the formal standards of Pakistan, on its own, for prospective ruling by by judges.

The slight problem is that people of Pakistan rely on the journalists of TV news - the Pakistani influential policy makers. The geo.tv article of the previous day run that the Supreme court made a note on the difference between the court session and the politics to the prime minister Khan and added "orders and actions that Prime Minister Imran Khan and President Arif Alvi regarding the dissolution of the National Assembly shall be subject to the order of this court" in unknown place today.

I wanted to find the signs of the crisis in Pakistan, the signs of the order on the disruption of Pakistan Parliament (Qanum-e-Shahadat 1984), so I searched the news of the State bank of Pakistan in order to continue or to refuse to make civil suit against PIA in the Karachi magistrate court.

The State bank of Pakistan, which employ unknown staff, described their role as follows "SBP plays a pivotal role in ensuring stability of the financial sector. As a central bank and banking supervisor it has been entrusted with responsibilities to “regulate the monetary and credit system of Pakistan and to foster its growth in the best national interest” and referred to their latest economical reports of year 2019.

Nobody reminded to the board of the state bank of Pakistan, they adopted budget for 2020 and 2021 and 2022 years prior to 8 March 2022 from the Parliament, which enjoys "near the dissolution" status.

The Pakistan lawyers could guessed, the deputy speaker of Parliament had not sufficiently motivated his ruling on the non compliance of the procedure dated 8 March 2022 with one or few constitutional standards during the Parliament session orally. And he did not show his written order neither to Parliament or the people of Pakistan.

The worst case for one or few members of the PPP, if the "backing" by "foreign powers" of the Parliament procedure of 8 March 2002 will be materialised in the form of the evidences of the foreign illegal financing of their political campaigns during their membership in the Parliament in the police office or in other Pakistan law enforcement office.

If the authority enjoys the continuation of the violations of human rights, after reaching the Karachi magistrate court, I need to wait for the invitation by registrar in the session for years again, as it had happened in the other less civilised country, without their beheading.

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