Pakistan Supreme Court updates

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Apex Court accepts CAA petition against SHC order


The Frontier Post

ISLAMABAD (APP): The Supreme Court on Monday suspended the Sindh High Court’s (SHC) order and accepted the Civil Aviation Authority’a (CAA) petition for hearing in a service matter.

A two-member SC bench comprising Chief Justice of Pakistan Gulzar Ahmed and Justice Mazhar Alam Khan Miankhel heard the case filed by the CAA against SHC order regarding disbursement of retired benefits to Nadeem Zubari. The Sindh High Court had ordered to issue pension to the General Manager Security who completed his job on a fake degree.

At the outset of hearing, the court was informed that CAA General Manager Security had a fake degree.
The CJP observed that the situation in the Civil Aviation Authority was not good as pilots had been flying aeroplanes with fake degrees.

He said the people with fake degrees had completed their jobs on the most important posts of a sensitive department like security.

That was the reason smuggling at airports was so easy, he added.

He observed that even CCTV cameras installed at the airports did not work.

Advocate Khalid Siddiqui, counsel for the CAA said GM Nadeem Zubairi not only submitted a fake degree but also forged the confirmation letter of Karachi University.

He pleaded the court to quash the SHC order as it contracted facts.

The court after hearing arguments suspended the order of the high court and admitted the CAA’s appeal for hearing.

 

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SC directs govt to fix price of oxygen cylinders in two days

• KP's Advocate General says suppliers are charging excessively for oxygen cylinders in absence of official rates
• DRAP's lawyer says the Ministry of Industries and Production deals with the supply of medical oxygen and that the drug regulator has nothing to do with it

Fahad Zulfikar
05 May 2021

(Karachi) The Supreme Court has issued instructions to the Ministry of Industries and Production to fix the price of oxygen cylinders within two days, local media reported on Wednesday.

As per details, the top court issued the directives on a plea filed by the Khyber Pakhtunkhwa government. The court also sought an explanation from the ministry about the price-setting mechanism.

During arguments, the KP's Advocate General said suppliers are charging excessively for oxygen cylinders in absence of official rates.

Similarly, Additional Attorney General informed the bench that the Pakistan Steel Mills oxygen plant is nearly 40 years old. He added that it will cost Rs1 billion to make the plant functional. He told the court that a detailed report on the oxygen situation will be submitted.

Meanwhile, a Drug Regulatory Authority of Pakistan (DRAP) lawyer said the Ministry of Industries and Production deals with the supply of medical oxygen and that the drug regulator has nothing to do with it. He said that they can’t issue instructions as it does not fall under its jurisdiction.
Earlier, Sindh Chief Minister Syed Murad Ali Shah said that the oxygen plant at Pakistan Steel Mills (PSM) could be made operational in three months with an amount of Rs1 billion.

Murad said that the Sindh government is ready to spend Rs1 billion for making the Steel Mill oxygen plant operational as the country, especially the province would need oxygen supplies in case of a surge in coronavirus cases.

The CM stated that improving oxygen supplies would enable the provincial government in ensuring the proper treatment of critical patients.

Special Assistant to Prime Minister on Health Dr. Faisal Sultan said that the country's oxygen production capacity is being increased to support the health system and counter an increasing number of Covid-19 infections.

He said that Pakistan Steel Mills' (PSM) oxygen plant would be re-activated to meet the country's oxygen demand.

 

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ISLAMABAD: The Supreme Court on Monday will take up the petition of sacked judge of Islamabad High Court Shaukat Aziz Siddiqui challenging the notification of the President terminating his service.

A five-member larger bench headed by Justice Umer Ata Bandial and comprising of Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah will hear the petition on May 31.

Shaukat Aziz Siddiqui had filed an application in the Supreme Court on April 28, requesting for fixing his case at the earliest, as he was going to retire on June 30.

Shaukat Aziz Siddiqui had challenged before the apex court the decision of the Supreme Judicial Council (SJC), recommending his removal from his post for misconduct as well as a notification of the government issued on Oct 11, 2018, terminating his service.

The Supreme Judicial Council (SJC) had recommended the removal of Islamabad High Court judge, Justice Shaukat Siddiqui from his office for leveling serious allegations against state institutions, including the judiciary and the premier state intelligence agency, during a speech at the District Bar Association, Rawalpindi.

Meanwhile President Arif Alvi on Oct 11, 2018, had terminated Justice Shaukat Siddiqui after the Supreme Judicial Council (SJC) found him guilty of misconduct.

 

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Supreme Court to hear Shaukat’s appeal today


by The Frontier Post

ISLAMABAD (APP): The Supreme Court on Monday will take up the petition of sacked judge of Islamabad High Court Shaukat Aziz Siddiqui challenging the notification of the President terminating his service.

A five-member larger bench headed by Justice Umer Ata Bandial and comprising of Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah will hear the petition on Monday.

Shaukat had filed an application in the Supreme Court on April 28, requesting for fixing his case at the earliest, as he was going to retire on June 30.

Shoukat Aziz Siddiqui had challenged before the apex court the decision of the Supreme Judicial Council (SJC), recommending his removal from his post for misconduct as well as a notification of the government issued on Oct 11, 2018, terminating his service.

The Supreme Judicial Council (SJC) had recommended the removal of Islamabad High Court judge, Justice Shaukat Siddiqui from his office for leveling serious allegations against state institutions, including the judiciary and the premier state intelligence agency, during a speech at the District Bar Association, Rawalpindi.

SC to take up govt petition against SHC decision: Supreme Court on Monday will take up federal government’s petition against the judgment of Sindh High Court (SHC) deeming the sugar commission and its report unlawful.

A three-judge special bench led by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam and Justice Ijaz Ul Ahsan will hear the federal government pension tomorrow (Monday).

Attorney General for Pakistan Khalid Khan, on behalf of the federal government, filed a petition against the ruling on August 17.The Supreme Court on September 2, 2020 had allowed the federal government appeal and suspended the SHC judgment against the inquiry commission report on sugar mills. The court had also issued notices to the sugar mills owners.

The SHC on August 17, 2020 had quashed the fact-finding report and the iss-ued notifications constituting the commission of inquiry.

 

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ISLAMABAD (APP): Supreme Court on Wednesday rejected the National Highway Authority (NHA) report on dilapidated condition of N-25 highway and sought report on repairing of highways and accidents.

A three-member Supreme Court bench comprising Chief Justice Gulzar Ahmed, Justice Mazhar Alam Khan Miankhel and Justice Sayyed Mazahar Ali Akbar Naqvi heard the case and expressed annoyance over the performance of NHA.

During the course of proceedings, the Chief Justice questioned the Member Admin NHA as to where the funds received by the National Highway Authority were utilized. NHA roads damaged by rainwater, he added.

He said that NHA was responsible for killing of people in traffic accidents.

Chief Justice Gulzar Ahmed said that NHA had become a corrupt institution as petrol pumps, hotels, shops had been leased on highway lands.

According to the 2018 report, 5,932 people were killed in 12,894 accidents while today’s news was that 36,000 people lost their lives in road accidents this year, he added.

The National Highway Authority Member Planning Shahid Ahsan said that the condition of the roads would be improved by the end of this year.

Chief Justice said that the NHA was not doing standard work on any road as people were dying on the roads due to NHA’s negligence. Not even trees were planted on the sides of the highways, he added.

He said that the contractors in the NHA were engaged in minting money. The NHA got so much money but it was not known where these funds were utilized, he added.

Later, hearing of the case was adjourned till date in office.

 

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Over 51,000 cases pending before Supreme Court

The Newspaper's Staff
June 28, 2021


Over 51,000 cases are pending before the Supreme Court of Pakistan, it emerged on Sunday. — AFP/File
KARACHI: Over 51,000 cases are pending before the Supreme Court of Pakistan, it emerged on Sunday.

According to the latest fortnightly report of the apex court, 423 cases were decided from June 1 to June 15 whereas 628 new cases were filed during the same period and the total pending cases stood at 51,387.

On June 1, the pendency was at 51,182 and the principal seat of the apex court in Islamabad had decided 398 cases in two weeks; the Karachi registry disposed of 25 cases and no case was decided in three other registries at Lahore, Peshawar and Quetta during this period, the report said.

Similarly, the principal seat of the apex court had received the highest numbers of cases, i.e. 281, followed by 191 at Lahore registry, 106 cases at Karachi registry, 35 cases at Peshawar registry and 15 cases were filed at the apex court’s Quetta registry during June 1 to 15, it concluded.

‘Missing’ person case

The Supreme Court has directed the police to submit a progress report within three weeks regarding the whereabouts of a man reportedly went missing in 2016.

A three-judge SC bench headed by Justice Maqbool Baqar expressed resentment over SSP-Malir and other police officials for not fulfilling their responsibilities to provide protection to citizens.

The police and a provincial law officer argued that a joint investigation team had investigated the case and the alleged missing person had himself gone away after contracting another marriage. However, the bench observed that it was the responsibility of police to trace the current location of the man in question and directed them to come up with a progress report within three weeks.

Relatives of Niaz Ajan submitted that he went missing from Cattle Colony within the remit of the Sukhan police station and his whereabouts still remained unknown while the high court had disposed of their petition on the basis of a police report.

Published in Dawn, June 28th, 2021

 

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SC seeks report on 2019 Sahiwal tragedy


Notes that no one is going to hold killers of innocent civilians accountable


Aqeel Afzal
June 30, 2021

Supreme Court. PHOTO: EXPRESS/FILE


ISLAMABAD: The Supreme Court has sought a report from the Punjab government on January 2019 Sahiwal tragedy – an alleged encounter in which Punjab Counter Terrorism Department (CTD) killed four people including three members of a family on a highway near Sahiwal city.

A division bench, comprising Justice Qazi Faez Isa and Justice Yahya Afridi, issued this order on Wednesday while hearing the bail plea of Hafiz Mohammad Usman, a police officer accused of shooting a civilian in a separate incident that took place in Lahore on March 13, 2020.

During the hearing, the counsel for Hafiz Mohammad Usman told the court that the Dolphin Police Force in Lahore had received a phone call with regard to alleged illegal activities committed by a Muhammad Hasan Bhatti.

“When the police carried out a raid, Bhatti tried to flee in his car. The police opened fire on him, injuring him fatally. Later, Bhatti died during treatment at a hospital,” he said, adding that Bhatti had a criminal record.

Justice Qazi Faez Isa lamented that police took the life of a person just on the basis of a phone call. He then recalled the Sahiwal tragedy and asked Punjab Additional Prosecutor General Abid Majeed Mirza, who was present in the courtroom, as to what happened in the case.

Mirza told the court that the case is probably pending before the Lahore High Court (LHC).

“I don't understand what the Punjab government and police are doing,” Justice Isa said.

“No one is going to ask the killers of innocent civilians. Tell me what the Punjab government did in the Sahiwal tragedy and what action it took against the culprits,” he said, directing the additional prosecutor general to submit a report on the incident.

In October 2019, a special bench of an anti-terrorism court (ATC) acquitted all the six officials of the Punjab CTD who were accused of the brutal murder of four people near Sahiwal.

Judge Arshad Hussain Bhutta had given the police officials the benefit of doubt. He had announced the verdict after hearing testimonies of 49 witnesses, including the brother of one of the victims.

The accused - Safdar Hussain, Ahsan Khan, Ramzan, Saifullah, Hasnain and Nasir Nawaz - had shot dead a couple, Khalil and Nabeela, their daughter Areeba, and another man Zeeshan on January 19, 2019.

Bhatti’s case

The counsel for Bhatti’s family contended that the policeman who opened fire on Bhatti, Abdul Razzaq, had a monetary dispute with the victim.

The bench, however, granted bail to the policeman, Hafiz Mohammad Usman, as all the other policemen accused in the case including Abdul Razzaq have already been granted bail.

 

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Justice Mandokhail takes oath as SC judge

Justice Afghan sworn in as BHC chief justice


Our Correspondents
August 09, 2021

ISLAMABAD: Justice Jamal Khan Mandokhail, previously serving as the chief justice of the Balochistan High Court, was administered the oath on Monday as a judge of the Supreme Court.

The oath was administered by Chief Justice Gulzar Ahmed at a “simple and dignified ceremony” held at the SC in Islamabad. The SC registrar conducted the proceedings of the oath-taking ceremony.

On the occasion, the apex court judges, attorney general of Pakistan, senior lawyers, law officers and officers of the Law and Justice Commission were present. The staff and officers of the SC were also present at the ceremony.

The Judicial Commission of Pakistan (JCP) in July approved the name of the Balochistan High Court CJ for elevation to the Supreme Court. After a passage of seven years, a BHC judge is being elevated to the apex court. Earlier, Justice Qazi Faez Isa was elevated to the SC in September 2014.

The commission had also approved senior puisne judge Naeem Afghan as the new BHC chief justice.

A copy of the SC notification issued following Justice Mandokhail's oath-taking as the apex court judge. PHOTO: EXPRESS


BHC chief justice

In a separate ceremony held at the Governor House in Quetta, Justice Naeem Akhtar Afghan was sworn in as the new chief justice of the BHC. Justice Afghan was administered the oath by Balochistan Governor Syed Zahoor Ahmad Agha.

The oath-taking ceremony was attended by Balochistan Chief Minister Jam Kamal, judges of the high court, provincial ministers, members of the Balochistan Assembly and military officials.

 

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Justice Ayesha Malik to be appointed as first SC woman judge in 74-year history

https://nation.com.pk/NewsSource/web-desk
Web Desk
1:02 AM | August 13, 2021


The Chief Justice of Pakistan has convened a meeting of the Judicial Commission to appoint Lahore High Court Justice Ayesha Malik as the first woman Judge of the Supreme Court in 74 years.

It has been decided to make Justice Ayesha A. Malik a judge of the Supreme Court.

According to sources, Chief Justice of Pakistan Justice Gulzar Ahmed has convened a meeting of the Judicial Commission on September 9 in this regard.

Sources revealed that SC's Justice Mushir Alam is about to retire on August 17.

Justice Malik ranks number four on the seniority list of the LHC.

She was born in 1966, completed her basic education from schools in Paris, New York, and Karachi.

 

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No room for second review in Constitution, says SC
Top Story

Our Correspondent
September 22, 2021


ISLAMABAD: The Supreme Court of Pakistan on Tuesday said there is no concept of second review under the Constitution and dismissed a review petition in a case related to allotment of a plot.

A three-member bench of the apex court, headed by Justice Umer Ata Bandial and comprising Justice Syed Mansoor Ali Shah and Justice Muhammad Ali Mazhar, dismissed the plea seeking a second review in the matter. During the proceedings, Justice Mansoor Ali Shah observed that there was no place for a curative petition under the law of the land.

"One will have to go to India for seeking relief in second review as there is no place here under the law of Pakistan,” Justice Mansoor Ali Shah observed, adding that the concept of second review is only available in India but not here in Pakistan. The judge observed that even in death sentence cases, the second review petitions are not entertained, then how this matter could be entertained. “Your Cantonment plot is not more important than anyone’s life,” Justice Mansoor Ali Shah told the petitioner’s counsel.

The counsel for the petitioner submitted that in the past, the apex court had declared many second review petitions as maintainable. At this, Justice Muhammad Ali Mazhar asked the counsel to go through the judgment he is referring to, which had clearly stated that there is no space for the second review.

Justice Umer Ata Bandial observed that the apex court can set aside its own judgment if there is any issue of public interest and is related to fundamental rights. However, there is no room available for a second review under the Constitution of Pakistan.

Meanwhile, the court dismissed the second review petition sought by the petitioner. It is pertinent to mention here that in May, the government had filed a curative review petition against the order of the majority in the review petitions of Justice Qazi Faez Isa passed on April 26, 2021. The registrar of the Supreme Court had returned the instant petition after raising objections to it, saying that once the review petition is decided, it cannot be reviewed.

 

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SC rejects bail plea of B4U CEO Saif

ISLAMABAD (APP): The Supreme Court on Wednesday dismissed the interim bail plea of B4U Chief Executive Officer (CEO) Saif Ur Rehman, an accused of cheating public at large in a multi-billion rupee scam.

The Police arrested him as soon as he stepped out of the court premises following dismissal of his bail.

A three-member bench headed by Justice Umar Ata Bandial heard the case and announced a short order after hearing arguments from the accused’s lawyer Barrister Latif Khosa and the NAB prosecutor.

Latif Khosa counsel for the accused said that NAB did not have jurisdiction to probe this matter as the Securities and Exchange Commission of Pakistan (SECP) regulates investment firms. He said that his client was cooperating in investigation against him.

Justice Mansoor Ali Shah noted that the SECP forwarded a reference to the corruption watchdog for investigation.

Justice Bandial observed that the bureau wanted to investigate the alleged scam involving billions of rupees.

 

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Supreme Court seeks details of welfare plots in Karachi

Supreme Court (SC) on Thursday has heard a case pertaining to the construction of two private hospitals on welfare plots in Karachi’s Clifton.

During the proceedings at Karachi registry, the apex court sought details of all the welfare plots in Karachi and issued notices to director general of Karachi Development Authority (KDA), commissioner and administrator.

Earlier in the day, the SC turned down review petitions filed by owners and allottees in Nasla Tower case.

While hearing the matter, the court directed the commissioner to act on the June 16 order and told that written decision in this regard will soon be issued.

 

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SC dismisses petitions seeking presidential form of govt

• Top court states the Constitution does not provide any guidance for the presidential form of government, as it supports the democratic system

BR Web Desk
27 Sep 2021

The Supreme Court of Pakistan has declared all the petitions seeking implementation of the presidential system in the country as non-maintainable, it was reported on Monday.

The apex court said the point raised in the petitions was political. It said the Constitution of Pakistan does not provide any guidance for the presidential form of government, as it supports the democratic system.

“There is no clause in the constitution, which mandates the Supreme Court to issue instructions to the prime minister for a referendum for the presidential form of government,” the top court said.

The ruling comes on petitions submitted by four petitioners identified as Sahibzada Ahmed Raza Khan Kasuri, Dr Sadiq Ali, Tahir Aziz Khan and Hafeez-ur-Rehman Chaudhry. They had filed identical constitutional petitions under Article 184(3) of the Constitution in the Supreme Court for a presidential form of government in the country.

They prayed the court, being the custodian of the rights of people and the Constitution, may direct the prime minister of Pakistan to hold a referendum under Article 48(6) of the Constitution of the Islamic Republic of Pakistan in order to ascertain and determine the will of the people of Pakistan.

Earlier, President Dr Arif Alvi also ruled out enforcement of the presidential system in Pakistan. He said the parliamentary system is very strong in Pakistan and there is no debate on the presidential system in the country.

He said enforcement of the presidential system can create problems in the country. He said powers devolved to provinces under the 18th Amendment cannot be taken back.

 

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The Supreme Court was informed that Rs1,173 million has been provided by the Punjab government for acquisition of additional land for Dadhocha Dam.

A two-judge bench, headed by Justice Sajjad Ali Shah, on Friday, heard the contempt of court petition against buying and selling of plots of Dadhocha Dam land.

The Court, in the last hearing, had directed the Punjab advocate general to file a comprehensive report about the construction of the dam and about its land.

Additional Advocate General (AAG) Punjab filed the report regarding acquiring additional land.

According to the report, due to various factors, including buying and selling of dam land and the litigation, the dam construction could not be started.

The report said any sort of construction at the site of the dam has been banned and the owners of the lands around the dam site were issued notices.

Petitioner Col (retired) Muhammad Tariq Kamal had informed the bench that though the construction of the dam is going, the Bahria Town and the DHA authorities are selling the dam's land.

Justice Sajjad directed the AAG to supply a copy of the report to the petitioner, adjourned the hearing for two weeks.

In 2019, the Punjab government had told the Supreme Court that it will complete the construction of the dam in 2021.

The government has allocated Rs2.8 billion to purchase the land for the dam.

The dam was proposed in 2001.

 

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SC grills Secretary LG Punjab over failure to restore local bodies

ISLAMABAD (APP): The Supreme Court on Friday grilled the Secretary Local Government (LG) Punjab over non-restoration of local bodies in the province and sought a report over the matter.

A two-member SC bench comprising Chief Justice Gulzar Ahmed and Justice Mazhar Alam Khan Miankhel heard the contempt of court case against the Punjab government over local government bodies’ failure to resume functions despite a SC judgement.

During the course of proceedings, the counsel for the petitioner said that the provisional government of Punjab did not restore the local bodies despite the court order issued on March 25.

Upon this, the Chief Justice asked the Secretary Local Government Punjab what measures were taken by the government to restore the local bodies.

Secretary Local Government Noor-Ul-Amin respondent that he needed time to hire a counsel.

Expressing displeasure over the Secretary’s reply, the chief justice said that despite being a local government secretary, the official did not know about the local bodies.

He observed that the Secretary did not know his responsibilities. He asked when did the court order the restoration of local bodies?

The petitioner responded that the Supreme Court ordered the restoration of local bodies on March 25, 2021.

The chief justice noted that the tenure of local bodies’ would expire in December this year.

He called Mayor Lahore Mubashar Javed to the rostrum and asked what had the local representatives done so far?

The Mayor Lahore replied that they called their meetings on the street as per order of the court. He alleged that the Punjab government did not facilitate the workings of local bodies.

He said that the meetings and work of local body representatives had also been covered in the media.

Addressing the Mayor, the chief justice said that the representative of the local bodies were not interested in working on their own.

Go around the world and see how local bodies work, he asked the Mayor and said that if they wanted to work, they would have done it while sitting on the streets.

He said that the local bodies across the country were restored by order of the Supreme Court. Local government representatives were waiting for Manna, he added.

The Mayor said that they did not even have a cleaner then how they could work. The Chief Justice said that if they did not know the job description, they all should sit at homes. He said that the local government officials did not have passion to work.

The Mayor said that the local body representatives were locked out of their offices by the Punjab government officials.

Upon this, the chief justice asked name the people who locked the offices. The local bodies wanted money and staffers to resume work, he added.

Later, hearing of the case was adjourned till Wednesday.