President of Sri Lanka “Gotabaya Rajapaksa” has drawn the anger of protesters, who called for his resignation outside his residence on Thursday, situation is getting worse day by day as the protestors wants the resignation of Rajapaksa’s family .As per prevailing situation Sri Lanka’s president declared a state of emergency in the island nation on Friday, a day after angry protesters demonstrated near his home demanding he resign and as plans were made for a nationwide protest over the country’s worst economic crisis in memory.

Emergencies in Sri Lanka are declared under the legal framework of the colonial-era Public Security Ordinance. Section 2 of the PSO empowers the President of Sri Lanka to declare an emergency in two situations:

First, when it is required in the interest of public security and preservation of public order.

Second, when it is necessary for the maintenance of supplies and services essential to the life of the community.
President Gotabaya Rajapaksa invoked sections of the Public Security Ordinance, which gives him authority to make regulations in the interests of public security, preservation of public order, suppression of mutiny, riot or civil commotion or for the maintenance of essential supplies.

Under the emergency regulations the president can authorize detentions, taking possession of any property and the search any premises. He can also change or suspend any law.

Constitution of democratic socialist republic of Sri Lanka also gives right to president to deployed armed forces with the recommendations of commission under Article 104(d) stated:

”It shall be lawful for the Commission, upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case may be, to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or Referendum, as the case may be.”

The constitution of democratic socialist republic of Sri Lanka also restricts the fundamental rights in the interest of national security under Article 15(1):

“The exercise and operation of the fundamental rights declared and recognized by Articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security”.

By Afshain Afzal
The good offices of President Recep Tayyip Erdogan has worked well for the peace in the Russian- Ukraine conflict. In a big surprise, Ukrainian President Volodymyr Zelensky could not believe Russian move of withdrawal despite Western propaganda of Russian strategy to trap Ukrainian forces. Transport aircrafts and military vehicles were seen withdrawing Russian troops. In a video address two days back, Ukrainian President Zelensky urged residents to wait to resume their normal lives as there can be danger of mines all around
There was visible withdrawal of Russian troops concentration from Mariupol, Kyiv and Chernihiv. Witnesses confirmed Russian withdrawal from the north of Ukraine and many other parts. Media reports confirmed that since 1 April, Russian military personnel in unions are withdrawing back outside the Ukrainian territory including Belarus. An International Committee of the Red Cross (ICRC) team which traveled to Mariupol confirmed about their access to the local population.
The High Commissioner of Refugees has confirmed that thousands of Ukrainian refugees from Moldova, Romania, Slovakia, Poland, Hungary and Russian Federation have started returning to their homes in Ukraine. The website of UN High Commissioner for Refugees (UNHCR) regarding Ukraine Refugee situation still reflect the figure of 4,215, 047 on 3 April 2022, which is not correct. Witnesses says that those refugees who have received cash assistance from UNHCR have preferred returning to Ukraine.
Acceptance of cease fire and withdrawal by Russian forces on the orders of Russian President Vladimir Putin is due to the solo efforts of Turkish President Recep Tayyip. Turkish efforts have been appreciated throughout the world as it averted the world from witnessing a major tragedy.

Current situation of Pakistan:

Pakistan's President Dr Arif Alvi on 3 April 2022, dissolved the National Assembly on the advice of Prime Minister Imran Khan under Article 58(1) of the constitution of Pakistan, 1973.

Earlier, the no-confidence motion against Prime Minister Imran Khan was dismissed abruptly on Sunday 3 April 2022, after National Assembly Deputy Speaker Qasim Suri termed it "unconstitutional", saying that it was backed by "foreign powers" He disallowed voting on the no-trust motion and adjourned the session for an indefinite period. Former Law and Information Minister Fawad Chaudhry read out Article 5 of the Constitution and accused the Opposition of "disloyalty to the state."

 Legal Questions:-

Can a new Prime Minister be elected in the same session?

New prime minister cannot be elected in the same session because Under Article 58(2) of the Constitution, upon passing of the vote of no-confidence against the current premier, a separate session of the National Assembly is to be called. The sole purpose of the session is then to ascertain whether another member of the National Assembly commands the confidence of the majority.

Can the speaker of the assembly delay the session to elect a new Prime Minister?

The speaker of the assembly cannot delay the session to elect a new prime minister because after passing the vote of no-confidence, the summoning of the session to elect a new premier is the collective responsibility of the National Assembly.

Rule 32 of the Rules of Business stipulates that "whenever the office of the Prime Minister falls vacant for any reason, the assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the prime minister". Provided: According to the procedures, the opposition may move requisition for this purpose and the speaker is bound to act upon it.

Can the president request a prime minister, against whom a vote of no-confidence has been passed, to continue in office under Article 94 till a successor is chosen?

No, because under the procedures stipulated in Article 95, the prime minister ceases to hold office immediately after the passing of the vote of no-confidence. The president does not have the authority to request the prime minister to continue. The option to resume is reserved for those who resign themselves or call for a dissolution of the National Assembly.

According to Rule 38 of the Rules of Business further clarifies the situation mandating that when a resolution of no-confidence is passed, the speaker shall forthwith intimate the result to the president and the secretary shall cause a notification to be published in the Gazette.

Can Article 248 falls under this prevailing situation?

Article 248 is related to the Protection of President, Governor, Minister, etc. According to this Article, it will protect President and Prime minister in a situation where they exercise their rights lawfully, so as per the prevailing situation, Article 248 did not protect the Prime minister as he violated Article 58(1) and amounts to high treason.

Conclusion:

According to my point of view, Imran Khan`s advice to President to dissolve National Assembly is a violation of the Constitution. The Government has violated the Constitution by not allowing voting on the no-confidence motion. As deputy speaker, Qasim Suri dissolved the assembly on a basis of Article 5 of the constitution of Pakistan which says that it is the basic duty of every citizen to show loyalty to the State and show some obedience towards the state but on the other hand Article 58 provides that:

"Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

According to this article Prime minister does not has any right to dissolve the assembly so he is liable for the violation of the constitution which amounts to high treason.

Imran Khan is liable for high treason in a following manner:

1. He recognizes the martial law

2. He violates the constitution of Pakistan

3. Act of deputy Speaker is illegal and it is amount to high treason.

Therefore, If any act or order is a nullity in law, it is considered void ab initio and any proceedings flowing from it are also void. A nullity can't be perpetuated. The prime minister’s right to seek dissolution of assemblies via the President ceases to exist till a motion of vote of confidence is pending vote.

Dismissing the motion under Article 5 was unconstitutional and through that, the premier assuming the right to ask the President to dissolve the Assembly is also void. Furthermore, the Deputy Speaker dismissing the motion under Article 5 is also a charge sheet against the 86 parliamentarians, who had presented the motion that they are acting against the interest of Pakistan.

Supreme Court's Action:

"The court not only can, but must intervene," the SC will likely declare the Speaker's ruling illegal, which in turn, would strike down the President's action to dissolve the National Assembly. If the Supreme Court accepts that the Assembly stands dissolved and elections should take place, it would in effect be validating prevailing unconstitutional proceedings. The SC will most likely reverse all proceedings and direct for the no-trust motion to be put to vote in line with Constitution.

By Afshain Afzal

Sudden rise in prices especially fuel and key commodities has forced the nation to come to the streets. Due to tense law and order situation, Colombo has deployed military personnel at hundreds of petrol stations to help distribute fuel. Due to the shortages people are forced to stand in queue for hours, making the life of an ordinary citizen difficult. There are many city areas where people were seen fighting with each other over pity commodities.

The main reason behind the prevailing crisis is shortage of foreign exchange, which Sri Lanka use to earn mostly through tourism industry, was strong measures to control spread of pandemic COVID-19 and strict hostile anti-terrorism measures after the Easter Sunday terrorist attacks in 2019. Apperantly, the situation has been jointly created by India and United States of America in order to lead events that force the government to approach the International Monetary Fund (IMF).

It caused damage to economy as annual fiscal deficits exceeded 10 percent of GDP in 2020 and 2021, due to weak revenue performance in the wake of the pandemic, and expenditure measures to control pandemic and combat terrorism. On 25 February 2022, Executive Board of the International Monetary Fund (IMF) concluded the Article IV consultation with Sri Lanka. The Article IV entitles IMF to collect economic and financial information including central government debt, guaranteed debt, and the CBSL’s foreign liabilities, which is measured by the Colombo Consumer Price Index. Accordingly, IMF hold bilateral discussions with officials to reform country’s economic developments and policies.

Colombo financial experts recommended devaluation of currency but it further aggravated the situation. International experts opinioned that evaluation of its currency was a wise step of Sri Lanka. The IMF reforms would lead to further long term instability. In addition to worse economic situation, the security situation of Island nation is also deteriorating. Recently, after Chinese announcement of suspending its plan to build power plants on three Sri Lankan islands. The US and India are beating their chests as victory due to security concerns. India considers Sri Lanka, just across the narrow Palk Strait off India’s southeastern coast, to be within its sphere of influence. The island nation strategic location can be judged from the fact that the country is on a key sea route connecting East and West and is important to China’s ambitious “Belt and Road” global infrastructure initiative.

India also signed agreements on a Maritime Rescue Coordination Centre (MRCC) with a grant of $6 million from New Delhi. and a fisheries harbours in Sri Lanka, curriculum software in 200 schools in Galle district and between Sushma Swaraj Institute of Foreign Service and the Bandaranaike International Diplomatic Training Institute. In fact, India has shown hope to Sri Lanka for economic recovery and international coordination which paved way for forcing Colombo to agree on mutual security as well as discussions on long pending fishermen’s issues.

In another development, US Export-Import Bank’s board of directors voted to formalize the bank’s approval for financing and guarantee deals worth up to $381 million for three countries including Sri Lanka. American Citibank that backs a $500 million facility to allow 365 suppliers of aircraft maker Boeing to receive accelerated receivables payments related to export sales of Boeing aircraft. After wining of $56 million contract by Wabtec Corp, EXIM approved a $48 million loan guarantee to support the sale of 12 US made Wabtec Corp locomotives, acquired General Electric, to Sri Lanka Railways. The growing interest of US in Sri Lanka, led to Two defense cooperation agreements between the United States and Sri Lanka, the already signed Acquisition and Cross-Servicing Agreement (ACSA) and the under-negotiation Status of Forces Agreement (SOFA), Washington has also signed a Free Trade Agreement (FTA) with Sri Lanka.

In another recent development, Sri Lankan President has declared a state of emergency, giving unlimited powers to security forces, after hundreds tried to storm his house in anger over prevailing economic crisis. No doubt, the foreign aid would temporarily resolve the issue and improve security situation but it is neither the medium term nor long term solution. If we recall, Indian interference in Maldives led to country-wide protests and “Out India” campaign but Maldivian leadership seems divided over the issue. Sri Lanka is no exception as foreign interferences is likely to lead compromise of sovereignty and national integrity. It is easy to invite foreign interest groups to carryout investments but their expulsion is always a difficulty task.

By Afshain Afzal

With a just single incident of missile attack reported for whole 29^th March, the locals witnessed the halt of Russian attacks as sigh of relief. The Turkish Foreign Ministry confirming that the Tuesday, 29 March 2022 talks, were successful, the 30^th March direct talks are seen as a ray of hope. This time there was no publicity of the Turkish convening of new round of talks or beating of chest by either side, even the successful round conducted via video link was not given much coverage. Turkish mediation in the direct talks was successful as President Volodymyr Zelenskyy special assistant also confirmed without giving any further details that 30 March meeting will bring fruits. Ukrainian Foreign Minister Dmytro Kuleba was quoted to have said, “In talks with Russia in Turkey both sides agreed in principle on a cease-fire”.

In the Istanbul moot the peace agenda points have already been agreed upon. Withdrawal will start from Kyiv, Chernihiv and other locations.

The efforts of Turkish President Recep Tayyip Erdogan are being appreciated by not only Moscow and Kyiv but internationally, President Erdogan is seen as “The man who averted World War”. A great human tragedy has been averted. The International Federation of Red Cross (IFRC) has flashed that an estimated 18 million people in Ukraine are needing humanitarian aid psot Russia’s invasion and their displacement from their homes. With the successful Istanbul talks and agreement on cease fire followed by gradual withdraw, the Jews, Christian and Muslims have expressed thanks to President Erdogan and recommended his name for “Noble Peace Award”.

Ukrainian President Volodymyr Zelenskyy formally announced on 22 March 2022, that he is all prepared to ready to discuss possible deal with Russia after giving assurance of his country not joining NATO camp in exchange for a cease-fire and the withdrawal of Russian troops. Overnight Ukraine witnessed heaving bombing on port city of Mariupol. The bloody conflict has caused around 780 killed and scores injured. Moscow has welcomed the move but bombing continued when last reports came in. There are high hope of a deal before weekend. 

SIALKOT, 20 March 2022, TON: Huge series of explosions were witnessed on Sunday morning at Pakistan Army Ammunition Depot in Bhalan Wala, Sialkot. It is claimed that the ammunition depot was established in the year 1852 by the British Army. As per the earlier reports, “An unidentified object struck a Pakistan Army ammunition store in Sialkot which resulted in massive fire, triggering multiple explosions. Other source did not confirm about the flying object. The eye witnesses claimed the missiles caused civilian casualty as well as loss of properties. The district administration, however, was tight lipped about the loss of life. The Inter-Services Public Relations (ISPR) issued a statement post explosion, “On Sunday afternoon due to short-circuiting, an accidental fire broke out in an ammunition shed near Sialkot Garrison." The statement said, “There was no damage to property or loss of life due to effective and timely response. The damages were contained and the fire extinguished.” A Court of Inquiry has been ordered. 

According to an official of Rescue 1122, “Large fire and explosions rocked the Army depot near the cantonment area around 5:50 am. Fire brigade and Rescue 1122 reached the spot and extinguished the fire after several hours of efforts”.

Meanwhile, the personnel who made contact at ammunition storage site said, "Fire broke out due to short-circuiting and apparently an accidental fire broke out in one of the sheds near Sialkot Garrison." Sialkot District Police Officer (DPO) Umer Saeed Malik also said that the fire erupted early morning in the cantonment area after which several blasts happened. Although, the authorities did not discuss chances of missile attack or sabotage attempt by India but same cannot be ruled out. Satellite imageries is likely to highlight the causes of incident.