# Pakistan High Courts updates



## ghazi52

*Justice Jamal Khan Mandokhail to assume charge as BHC top judge on Oct 5*
September 12, 2019

 






Justice Jamal Khan Mandokhail was appointed as an advocate of BHC in 1990. — Photo courtesy BHC website
President Arif Alvi approved the appointment of Justice Jamal Khan Mandokhail as the new Balochistan High Court (BHC) chief justice, a notification issued by the law ministry said on Thursday.

Justice Mandokhail, who is the senior puisne judge, will assume charge as BHC chief justice on October 5. He will replace incumbent BHC Chief Justice Tahira Safdar — the first female chief justice of any high court in Pakistan — who was sworn in last year and will complete her term on October 4.

Justice Mandokhail was born in Quetta on November 12, 1961, and is the son of a businessman. He received his early education from Federal Government High School, Quetta Cantonment. He did his Masters in Political Science and Economics from the University of Balochistan.

He completed his law degree in 1987 from the University Law College Quetta and was enrolled as an advocate in 1988. He was appointed as an advocate of the high court on May 31, 1990 and of the Supreme Court on May 12, 2001. He also became a lifetime member of the Supreme Court Bar Association.

A notification, issued in 2009 and confirmed in 2011, elevated him as the senior puisne judge of the BHC. He swore oath as acting chief justice four times — in June 2011, March 2013, June 2013 and December 2013.

Another notification issued by the Law Ministry on Thursday announced that the president had also approved hte appointment of Justice Fida Muhammad Khan as the aalim judge of the Federal Shariat Court for one year from the date he swears his oath on. It was not mentioned when he would start his term.


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## ghazi52

*IHC orders probe into illegal inductions in lower judiciary*

September 21, 2019





As per the court record, 19 of the hired officials were not among the 30,000 candidates who had applied for the posts in the sessions court. — Reuters/File
ISLAMABAD: The Islamabad High Court (IHC) has ordered an inquiry into the appointment of ‘blue-eyed’ officials in its subordinate judiciary seven years ago.

Chief Justice Athar Minallah issued the direction to the IHC registrar Nadeem Irshad Kayani to “inquire into the matter and submit a report on administrative side.”

Justice Minallah issued the direction while disposing of identical petitions filed against the induction on 109 posts in the district and sessions courts of Islamabad in 2012.

After initial hearing in Feb 2012 the IHC had issued notices to the relevant respondents and adjourned hearing for a fortnight.

However, the case could not be taken up again until Sept 18, 2019, as the original file of the case had gone missing from the court record.

Issues direction while disposing of petitions filed against alleged illegal hiring in district and sessions courts of Islamabad in 2012

Recently, a petitioner reconstructed the file and handed it over to the IHC administration after which the case was fixed before the chief justice.

As per the court record, 19 of the hired officials were not among the 30,000 candidates who had applied for the posts in the sessions court and appeared in a test after being shortlisted.

Their names were also not found in the list of successful candidates issued on Feb 16, 2012, by the district and sessions judge east. Even then they were invited for interview on Feb 17.

Interestingly, Amir Mukhtiyar Awan, who was appointed as a reader in the sessions court, was facing a criminal case in the same court under various sections of Pakistan Penal Code (PPC) for committing fraud.

He was on bail and his case was being heard in the court of a civil judge. The charge-sheet of Margalla police submitted to the court confirmed that Awan and his accomplices were accused in a land fraud case and the next date of hearing of the case was March 19.

However, Awan after his induction in the sessions court got himself acquitted from the case.

He was appointed in the district and sessions court along with five senior clerks - Aqeel Khan, Asif Ahsan, Abdul Hakeem, Shahid Mehmood and Kashif Jalaluddin. Shabbir Hussain, Bilal Arshad, Majid Ali, Irfan, Saeed Qadir, Faheem, Noman, Osman, Umer Farooq, Babar, Najamus Saqib and Shafiq were inducted as junior clerks and Taimur Hussain as a naib nazir. The names of these officials were not in the list of the candidates who had passed the test. They were appointed directly without fulfilling the prescribed process for the vacancies.

The petitioners requested the court to set aside the appointment orders of the 109 officials and “the sessions court administration may be directed to re-advertise all the posts and finalise the appointments on merit.”

Justice Minallah observed that though the petition was not maintainable, “the assertions and allegations made in the memorandum of the petition are of serious nature” which as per the court order “cannot be ignored.”

Subsequently, the court ordered “the office is directed to transmit a copy of this petition to the registrar of this court. The latter shall inquire into the matter and submit a report on the administrative side.”

_Published in Dawn, September 21st, 2019_


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## ghazi52

KARACHI :
*The Sindh High Court (SHC) *on Friday rejected Pakistan Muslim League – Nawaz (PML-N) President Shehbaz Sharif’s petition seeking the disqualification of federal minister Faisal Vawda.


Shehbaz, who is also Leader of the Opposition in the National Assembly, had challenged the validity of the election win of the Karachi-based Pakistan Tehreek-e-Insaf (PTI) leader.

The petition was dismissed by SHC judge Justice Yousaf Ali Sayeed.

In the July 2018 general elections, Vawda had secured victory against Shehbaz in NA-249 (Karachi West-II), securing 35,349 votes against the opposition leader’s 34,626 votes.https://tribune.com.pk/story/1775222/1-shehbaz-sharif-moves-shc-recount-na-249/

Shehbaz had filed a petition in the SHC hours before the Election Commission of Pakistan (ECP) was scheduled to issue a notification on the July 25 elections.

He had appealed to the SHC to bar the ECP from notifying Vawda’s win and conduct a recount of votes polled in the constituency.

He maintained that the number of rejected votes in the constituency was much higher than the winning margin and said there were massive irregularities in the electoral process.

Sharif contended that proper procedures were not followed and results were issued on plain paper and not on the mandatory Form 45.

He maintained that law enforcement agencies had removed his banners and posters ahead of the elections while turning a blind eye to violations committed by Vawda during his election campaign.


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## ghazi52

*Justice Jamal Khan Mandokhel sworn in as BHC chief justice*

October 5, 2019
https://tribune.com.pk/story/2072794/1-justice-jamal-khan-mandokhel-sworn-bhc-chief-justice/






Justice Jamal Khan Mandokhel has been sworn in as the new chief justice of the Balochistan High Court (BHC).

Governor Balochistan Amanullah Khan Yasinzai administered the oath to the Justice Mandokhel in a ceremony held at the Governor House Quetta.

Justice Mandokhel replaces incumbent BHC Chief Justice Tahira Safdar who completed her term on October 4.

The swearing-in ceremony was attended by Chief Minister Balochistan Jam Kamal Khan, chief justice of Islamabad High Court (IHC), judges of the Supreme and High Court, high ranking bureaucrats and advocates.

In September, President Arif Alvi approved the appointment of Justice Jamal Khan Mandokhali, a notification issued by the Law Ministry had stated.


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## ghazi52

*LHC acquits three men over lack of evidence in murder case of NAB chief's parents*
October 07, 2019
 





Lahore High Court said that there was not enough evidence against the earlier suspects to be held guilty. 

The Lahore High Court (LHC) on Monday acquitted three people, who had been sentenced to death by a sessions court in the murder case of National Accountability Bureau (NAB) Chairman Justice retired Javed Iqbal's parents, over lack of sufficient evidence.

In 2011, Javed's parents were found murdered in their house, which was guarded round the clock. Police had said that Naveed Iqbal, who is the step brother of the incumbent NAB chairman, had killed the couple over a money dispute. Officials further said that Naveed was assisted by Abbas Shakir and Ameen Ali.

All three men were sentenced to death and fined Rs550,000 each by a sessions court in 2016 in the murder case of then Supreme Court judge Javed's parents.

In its decision today, a two-member bench said that there was not enough evidence against the earlier suspects to be held guilty and overturned the sessions court's verdict.

In their appeal against the verdict by the sessions court, the men had said that they were arrested by the police over suspicion. The appellants further said that there were no witnesses against them and the police had been unable to produce sufficient evidence before the court. They urged the high court to overturn the verdict and acquit them on the grounds of insufficient evidence.


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## ghazi52

*Sindh High Court orders strict legal action against gutka sellers*

October 08, 2019

The Sindh High Court (SHC) on Tuesday ordered cases to be registered against those selling gutka under Section 337-A (_shajjah_, intentionally causing hurt) of the Pakistan Penal Code.

During the hearing of a petition against the use of mainpuri and gutka by a two-member SHC bench headed by Justice Salahuddin Panhwar, petitioner Advocate Muzammil Mumtaz had argued against the police registering cases for the sale of harmful substances under Section 336 of the PPC, which is a bailable offence.

He said this practice was the reason why those who manufacture and sell gutka got out of jail so quickly and resumed their activities with impunity.

Advocate Mumtaz had also alleged that despite the court ordering a complete ban on the sale of gutka and mainpuri in Karachi, it was being sold openly and in connivance with the police.

He said that due to the continuing sale of these narcotics, city dwellers had been exposed to dangerous diseases, including mouth cancer. He had further requested the court to initiate contempt proceedings against the Sindh police and provincial authorities for not implementing the ban in spirit.

Last week, the bench had directed provincial authorities to furnish a report by Oct 8 regarding legislation against the manufacture and sale of gutka and mainpuri in Sindh. During proceedings today, both health department and police officials were present in court to answer questions.

Dr Ghulam Haider testified that Jinnah Hospital's Outpatient Department (OPD) received over 300 cancer cases daily, of which 70 per cent comprised mouth cancer patients. He said the mouth cancer patients mainly comprised college and school students, as well as youth working in factories.

The bench requested the doctors to also take part in proceedings tomorrow, when the court will look into recommendations for legislation. The petitioners said they would provide the court with a more detailed record and data on the matter so that effective legislation can be done.

Justice Panhwar meanwhile ordered that gutka, mainpuri and mawa factories in the city be sealed and criticised police officials allegedly involved in their as making millions from the trade.

The judge also regretted that police officials who are penalised for misconduct seem to be suspended for a few days and then reinstated.

The hearing will resume tomorrow.


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## ghazi52

*Meesha Shafi’s case against Ali Zafar dismissed by LHC*







Meesha Shafi, who initially took to social media to allege fellow musician Ali Zafar of sexual harassment of a ‘physical’ nature, took the legal route and filed a case against the latter. However, despite multiple attempts, her case got dismissed; first with the provincial ombudsperson, then the Punjab governor and finally with the Lahore High Court that recently turned down her appeal.

“Meesha Shafi’s case dismissed by the Lahore High Court exonerating Ali Zafar for the third time!” tweeted Barrister Ambreen Qureshi, Chairperson Human Rights Lahore High Court Committee.

“Truth always prevails! Lahore High Court throws out Meesha Shafi’s case of sexual harassment,” she added.

Ali Zafar also took to Twitter and shared, “Miss Shafi’s case dismissed by the Lahore High Court. This is the 3rd dismissal. Fake allegations by opportunists can destroy lives and undermine genuine victims. We fought to set a precedent. All evidence submitted will be public soon. Thank you for your love and support.”

The allegations were first made in 2018 during which Ali Zafar’s Teefa in Trouble released to critical and commercial acclaim and despite allegations against him, the film did very well on the box office, at home and abroad, making close to 50 crore.

Ali Zafar has announced a sequel to Teefa in Trouble while Meesha Shafi just finished her third run as a program judge on Pepsi Battle of the Bands 4, presenting the unforgettable ‘Leela’ after last year’s runaway success ‘Mein’.


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## ghazi52

*IHC orders Parliament to break deadlock over ECP members' appointment*

October 14, 2019





COURTESY: IHC WEBSITE

ISLAMABAD: The Islamabad High Court (IHC) on Monday said the matter of appointment of two new Election Commission of Pakistan (ECP) members should be decided by the Parliament.

A single-member bench presided over by IHC Chief Justice Athar Minallah heard a set of petitions against the federal government’s decision to appoint Sindh and Balochistan members of the ECP on grounds that President Arif Alvi made the appointments without adopting the procedure laid down in clauses 2A and 2B of Article 213 of the Constitution.

The IHC chief justice was unimpressed by the Pakistan Tehreek-e-Insaf government’s request to adjourn the case till Supreme Court’s verdict in the matter. “This is a public interest case. The ECP is almost non-functional,” noted Justice Minallah.

“Do you want the commission to become fully ineffective because the matter is also pending before the top court?” he asked. He also asked why the federal government was defending deadlock over the appointment of ECP members.

Justice Minallah further wondered if the Parliament was incapable of resolving the issue. “Who says that the matter cannot be resolved on the Parliament’s floor? We have faith in the August House and believe it can undertake the task to decide on the matter.”

The high court directed National Assembly Speaker Asad Qaiser and Senate Chairman Sadiq Sanjrani to end the deadlock and find a solution through consultations.

“State institutions should not stop working. The NA speaker and Senate chairman should prevent ECP from becoming nonfunctional.”

The appointments saga

In August, the parliamentary affairs ministry had notified the appointment of Khalid Mehmood Siddiqui and Munir Ahmed Kakar as ECP members from Sindh and Balochistan respectively after President Arif Alvi’s approval.

The appointments came seven months after Abdul Ghaffar Soomro and Justice (retd) Shakeel Baloch — the ECP members from Sindh and Balochistan — retired in January this year.

However, Chief Election Commissioner Sardar Raza Khan had refused to take oath from the two new members nominated by the government.

The commissioner in his letter to the parliamentary affairs ministry had written that the new members were not appointed in accordance with Articles 213 and 214 of the constitution.

The government had defended its decision of unilaterally nominating the two ECP members, saying President Dr Arif Alvi made the appointments in line with the constitution and on the recommendations of the institutions concerned.


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## ghazi52

*IHC directs Senate, NA to jointly resolve ECP members issue*

October 15, 2019

ISLAMABAD - The Islamabad High Court (IHC) Monday directed the secretaries of National Assembly (NA) and the Senate to place this court order before the Speaker (NA) and Chairman Senate for joint endeavour to resolve the issue regarding appointment of two members of the Election Commission of Pakistan (ECP).

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minalla issued these orders while hearing three identical petitions filed by two lawmakers including Senator Mohammad Javed Abbasi and MNA Dr Nisar Ahmed Cheema and a lawyer Barrister Jahangir Khan Jadoon.

Justice Athar in his order noted that the ECP is one of the most important constitutional bodies and the people of Pakistan will suffer if it is allowed to become non-functional.

He directed the Secretaries of Senate and the National Assembly Secretariat to submit a joint report on or before the next date of hearing regarding the outcome of joint efforts made by the Chairman Senate and the Speaker of the National Assembly regarding settlement of disputes between the Treasury and Opposition benches so that they are resolved amicably.

Justice Athar stated in the order that both the Houses of the parliament are expected to resolve political issues through dialogue and in accordance with the democratic principles so that involving the courts in such matters could be avoided and the courts’ time is used for deciding pending litigation.


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## ghazi52

*SHC order Sindh CM to take action over illegal land allotments*








KARACHI: The Sindh High Court (SHC) on Tuesday order the Sindh chief minister and chief secretary to take “stern” action against people involved in cases of illegal land allotment.

A high court bench heard the petition over the illegal allotment of government land to “builders” on Tuesday.

The petition said that a builder was allotted 10 acres of state land in Gulistan-e-Jauhar Scheme 33 which was cancelled by court orders in 2014. The builder, however got a stay order on the land and has failed to appear in court ever since.

The SHC bench called on the chief minister and chief secretary of Sindh to look into the matter.

The court also ordered the National Accountability Bureau (NAB) additional prosecutor to define a clear time line for when the inquiry against the culprit will be completed.

“The builder has got stay order over the matter from the high court,” the NAB prosecutor said in reply.

“Stay orders seem to be taken in every other land case”, the bench remarked.

The court then ordered NAB to submit its report on the inquiry.


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## ghazi52

*PHC orders release of JUI-F leader Mufti Kifayatullah on bail*
October 31, 2019







Mufti Kifayatullah was arrested by the Islamabad police on Sunday. — Screengrab via Mufti Kifayatullah Twitter
The Peshawar High Court (PHC) on Thursday ordered the release of Mufti Kifayatullah, a central leader of Jamiat Ulema-i-Islam-Fazl (JUI-F), on bail.

Kifayatullah was arrested by the Islamabad police on Sunday on charges of inciting people for participation in the October 31 anti-government 'Azadi March' and collection of donation for the protest.

A two-member bench of the high court based in Abbottabad comprising Justice Ijaz Anwar and Justice Shakeel Ahmad heard the bail petition which had been filed by the JUI-F.

Kifayatullah will be released once the court orders reach Haripur Central Jail, where he is imprisoned. Once free, he will join the caravan heading to Islamabad to partake in the JUI-F protest.

The JUI-F leader's arrest had come a day after the signing of an agreement between the government and the JUI-F-led opposition regarding the venue of the Azadi March in Islamabad.


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## ghazi52

*LHC grants bail to Maryam Nawaz in Chaudhry Sugar Mills case, orders release*

November 04, 2019

https://www.facebook.com/sharer/sha...awn.com/news/1514836&display=popup&ref=plugin





Maryam Nawaz is a primary suspect in the Chaudhry Sugar Mills case. — DawnNewsTV/File

The Lahore High Court (LHC) on Monday granted bail to PML-N leader Maryam Nawaz who was arrested on August 8 in the Chaudhry Sugar Mills (CSM) case.

A two-member bench of the high court, comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem, announced the verdict. The legal representatives of Maryam and National Accountability Bureau (NAB) were present in the court.

The PML-N leader has been ordered to furnish two surety bonds, each worth Rs10 million, and deposit an additional Rs70million and surrender her passport to secure her release.

"Since the prosecution has shown the bank statement of the [...] petitioner in which on 28.11.2011 [...] Rs7 crores were withdrawn and the prosecution has apprehension of fleeing away of the petitioner, therefore, to satisfy our judicial conscience we would pass a conditional order," says the court's written order, granting Maryam bail under under Article 199 of the Constitution.

PML-N supporters gathered outside the court celebrated the bench's order while party president, Shehbaz Sharif, via a statement welcomed the decision.

He also appealed to supporters to not indulge in celebrations or distribute sweets and instead, pray for former premier Nawaz Sharif's health.

PPP Senator Sherry Rehman also welcomed the court's verdict, adding, "Hope that the PPP leadership, including President Zardari who is in custody for questioning, will also be released soon. Keeping political opponents in jail with no wrong proven is bad news."


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## ghazi52

*IHC suspends presidential notification of two ECP members’ appointment*

November 4, 2019
https://tribune.com.pk/story/209319...ial-notification-two-ecp-members-appointment/






Islamabad High Court. PHOTO COURTESY: IHC WEBSITE


ISLAMABAD: The Islamabad High Court (IHC) on Monday suspended the presidential notification of the appointment of two election commission members till December 5.

The hearing was presided by IHC Chief Justice Athar Minallah against the petition filed by lawyer Jahangir Khan Jadoon.

In August, the Ministry of Parliamentary Affairs (MOPA) had notified the appointment of Khalid Mehmood Siddiqui and Munir Ahmed Kakar as ECP members from Sindh and Balochistan respectively after President Arif Alvi’s approval.

The appointments came seven months after Abdul Ghaffar Soomro and Justice (retd) Shakeel Baloch, the ECP members from Sindh and Balochistan, retired in January this year.

However, Chief Election Commissioner Sardar Raza Khan had refused to take oath from the two new members nominated by the government.

Justice Minallah stressed that the elected representatives of the Parliament should make such decision themselves.

“Parliament’s prestige is important for the court,” he remarked. “We have confidence in Speaker National Assembly Asad Qaiser and the Chairman Senate Sadiq Sanjrani.”

Jadoon pleaded that three meetings had been held but, the issue has not been resolved due to ongoing political unrest in the country. “Four more weeks would be required,” he added.

Citing reference to ‘Azadi March’, Justice Minallah responded that, “the matter you are referring to should be resolved in the Parliament. ECP is almost inactive and the chief election commissioner is about to retire. The issue should be resolved as soon as possible.”

IHC bars PTI govt from seizing containers

On August 27, Jadoon challenged the appointment of ECP’s Sindh and Balochistan members in the IHC and requested it to stop implementation of notification issued by MOPA.

Two lawmakers, Mohammad Javed Abbasi and Dr Nisar Cheema who are members of the parliamentary committee that recommends the names of ECP members, have also challenged their appointment in IHC.

ECP said the chief election commissioner had refused to administer the oath to Khalid Mehmood Siddiqui and Munir Ahmed Kakar as members from Sindh and Balochistan because the President of Pakistan had appointed them without adopting the procedure laid down in clauses 2A and 2B of Article 213 of the Constitution.

“Under Clause 2A, the prime minister shall in consultation with the leader of the opposition in the National Assembly forward three names for appointment to a parliamentary committee for hearing and confirmation. Clause 2B explains the composition of the parliamentary committee. The president not only violated these clauses but also bypassed the parliamentary committee while making these appointments.”


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## ghazi52

*LHC orders doctors to call off strike, directs Punjab govt to address concerns*

Rana Bilal
November 07, 2019





The court orders the government to include representatives of doctors in the committee for consultation over the ordinance. — AFP/File
The Lahore High Court (LHC) on Thursday, while ordering young doctors to resume medical duties immediately, reprimanded the secretary of Punjab's Specialised Healthcare and Medical Education department, Momin Agha, over the government's delay in addressing the doctors' concerns.

Justice Jawad Hassan issued the order while hearing a petition filed by advocate Azhar Siddique against a doctors' strike, which had been ongoing for 29 days till date. The strike had been called by young doctors against the promulgation of the Pakistan Medical Commission Ordinance, 2019.

During the hearing, Agha informed the court that the government had constituted a committee yesterday to take up the matter. Justice Hassan chided the secretary, asking why the committee was constituted only yesterday when the strike had been ongoing since early October.

Meanwhile, the counsel for the doctors objected to the committee, noting that it does not include any representative of the striking doctors. The court upheld the objection and ordered the provincial government to include Young Doctors Association (YDA) President Dr Qasim Awan and General Secretary Dr Salman Hafeez, their counsel Abid Saqi, and Dr Ali Raza of YDA to the committee.

Justice Hassan directed that the committee hold consultative workshops on the matter and take all stakeholders, including doctors, on board over the matter.

The court restrained the government from taking any step against the protesting doctors meanwhile. To this, the secretary informed the court that a show-cause notice had already been issued to some people — which the court said the doctors would have to submit their responses to.

Justice Hassan also reprimanded the doctors over their strike. He remarked that professionals are bound to some rules and regulations and reminded their counsel that the Supreme Court had already passed a ruling over such strikes.

In response, the doctors assured Justice Hassan that court orders concerning the strike will be followed in letter and spirit.

Justice Hassan also offered that, at a later date, the court may issue a detailed judgement on the rules for strikes organised by professionals.

The court will resume the hearing of the case on December 2.


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## ghazi52

*IHC agrees to keep plot allotments in C-14 pending until related petition decided*
Malik Asad | Kashif Abbass
Updated November 13, 2019





IHC Justice Aamer Farooq heard identical petitions seeking the allotment of plots in C-14. — AFP/File
ISLAMABAD: The Islamabad High Court (IHC) on Tuesday agreed to keep the allotment of plots in C-14 pending until a petition filed in response to the announcement of balloting in this sector is decided, at the request of the Capital Development Authority (CDA) chairman.

IHC Justice Aamer Farooq resumed hearing identical petitions seeking the allotment of plots in C-14. Last month, the court had directed the CDA chairman to issue allotment letters to the petitioners as well as other affected villagers.

The CDA had issued a public notice in the local press announcing that balloting would be conducted in the sector. However, the advertisement implied that the authority had decided to conduct balloting on IHC orders, leading Justice Farooq to issue a show-cause notice to CDA Chairman Amer Ali Ahmed.

Mr Ahmed appeared before the court on Tuesday and said he did not intent to misquote the court order. He produced copies of the advertisements before the bench, explaining that the English version was published correctly but the Urdu version erroneously gave the impression that balloting was being carried out on the court’s order.

CDA chairman’s office says allotment process postponed after balloting was conducted

He said that the IHC directed the CDA to follow standard operating procedure (SOP) in issuing allotment letters, so the CDA decided to go ahead with the balloting in accordance with the rules.

The counsel for the petitioners, Naeem Bukhari, accused the CDA of using delaying tactics.

Following the court proceedings, the CDA conducted balloting to allot plots in C-14.

However, the office of the CDA chairman issued a letter ceasing and postponing the allotment process in Khasra no.1356 in the Sarai Kharbooza village.

The authority has also formed a three-member committee that consists of Director Land Nisha Ishtiak, Director Urban Planning Ijaz Sheikh and Director Security S.F. Manaan, which will examine a petition filed by a local landowner.

The letter said: “A petition has been received from one Mohammad Bostan regarding the subject matter. The petition may be examined by a three member committee within seven day positively.”

The letter said no permanent rights were to be created in light of the balloting and no allotment letters are to be issued until the matter is resolved.

CDA spokesperson Safdar Shahsaid that although the balloting exercise was conducted at CDA headquarters on Tuesday, under the supervision of Member Estate Khushal Khan, the allotment process has been put on hold until further notice.

He said a committee has been formed to examine petitions received in this context and is tasked with doing so within seven days. The committee will determine whether the rules were followed in the acquisition of land.

When asked how the member estate could have supervised the balloting when he was transferred by the government the other day, Mr Shah said he has not left his charge and therefore supervised the process.


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## ghazi52

*Rejecting govt stance, LHC admits plea seeking unconditional permission for Nawaz's travel*
November 15, 2019







On Wednesday, PTI government had granted a one-time permission to Nawaz Sharif for four weeks to travel abroad for his treatment provided he submitted indemnity bonds worth over Rs7.5 billion. — AFP/File
The Lahore High Court (LHC) on Friday admitted for hearing a petition challenging the government's condition of furnishing indemnity bonds in order to secure the removal of ailing former prime minister Nawaz Sharif's name from the Exit Control List (ECL).

The court had reserved its judgement on the admissibility of the petition in the afternoon.

After declaring the plea as maintainable, the LHC initially summoned lawyers from both sides to present arguments on the merits of the petition on Monday. However, upon request from PML-N's lawyers, the court fixed the next hearing of the petition for 11:30am tomorrow (Saturday).

At the outset of today's hearing, the court asked if the federal government had submitted its written reply, to which the government's lawyer, Additional Attorney General (AAG) Chaudhry Ishtiaq A Khan, responded in the affirmative.

The court asked that a copy of the response be given to the petitioner's lawyer and told them that if they needed, they could take time to read the government's response.

Following this, the proceedings were briefly adjourned.

In its 45-page reply, the federal government opposed the request seeking unconditional permission for Nawaz to travel abroad, saying the LHC does not have the jurisdiction to hear the petition.

Cases against Nawaz are being heard in various courts of the country, the government said, adding that it has allowed the former prime minister to travel abroad for four weeks.

According to the government response, Nawaz's name was added to the ECL based on the National Accountability Bureau's (NAB) recommendation.

The government pleaded to the court to reject the petition as non-maintainable.

Following the recess, PML-N president Shehbaz Sharif's counsel Amjad Pervez argued that the LHC has the authority to hear the petition.

He said that several past court judgements support their stance, and presented copies of court orders to support his argument for Nawaz's name to be taken off the ECL unconditionally.

The government cannot deprive anyone of their fundamental rights, the lawyer argued, citing the example of former military ruler retired Gen Pervez Musharraf who was allowed to travel abroad.

At this, the bench pointed out that Musharraf's case could not be referenced because he had not been convicted when his name was taken off the no-fly list.

Justice Ali Baqar Najafi, who was heading the bench, noted that according to the record NAB has left the entire matter relating to removing Nawaz's name from the ECL to the government.

Adding to this point, Advocate Pervez said NAB had in a letter stated that the authority to add or remove names from the ECL rested with the federal government. He said following this statement, the federal law minister had asked NAB to again clarify its stance on the matter.

Government counsel AAG Khan informed the court that the names of Nawaz and his children Maryam Nawaz, Hassan Nawaz and Hussain Nawaz were added to the ECL in the Avenfield case after the Supreme Court had ordered the filing of references against them.

He said Nawaz's name was added to the no-fly list after fulfilling all legal requirements.

Using an example, the bench asked which court a person would approach if they were a resident of Karachi and their name was added to the ECL in Islamabad.

"Every case has different merits and record," the government lawyer responded.

He said because Nawaz was sentenced by a NAB court in Islamabad and the appeal against it is being heard in the Islamabad High Court (IHC), the request seeking removal of Nawaz's name from the ECL could only be heard by the IHC.

AAG Khan argued that the government had not asked the Sharif family to submit surety bonds but indemnity bonds and that if Nawaz has reservations regarding submitting the same, he can approach the IHC.

The bench pointed out that the Chaudhry Sugar Mills case in which Nawaz is nominated is being heard in Lahore while PML-N counsel Pervez reminded the court that the Avenfield case had been filed by NAB Lahore.

AAG Khan said a court in Karachi had rejected a petition as non-maintainable that challenged a NAB case filed elsewhere.

At this, Justice Najafi reminded the government counsel that the petition currently being heard by the court concerns an ECL issue and a man who is "very ill".

After hearing the arguments, the high court reserved its judgement on the maintainability of PML-N's petition. No time for the announcement of the verdict was immediately provided.

Ahead of the hearing, strict security arrangements were made. PML-N's legal team, as well as party leaders including Ahsan Iqbal, arrived in court for the proceedings.

A two-member bench of the court comprising Justice Najafi and Justice Sardar Ahmad Naeem had taken up the petition on Thursday evening, the same day that a PML-N legal team submitted it. The court had issued notices to the federal government and NAB to submit a written reply by today.

*'Dirty politics'*
Addressing a press conference yesterday, PML-N president Shehbaz Sharif had rejected the government's conditional decision to allow Nawaz to travel abroad for medical treatment, accusing the government of playing "dirty politics" on the former prime minister's health.

Shehbaz, during the presser, announced that the party's legal team had approached the LHC against the decision.

He said the government, by asking the PML-N to submit indemnity bonds to secure permission for Nawaz to travel abroad was, in fact, demanding "ransom" and the decision was not acceptable to the PML-N under any circumstances.

On Wednesday, the Pakistan Tehreek-i-Insaf (PTI) government, after much deliberation, had granted a one-time permission to Nawaz for four weeks to travel abroad for his treatment provided he submitted indemnity bonds worth over Rs7.5 billion.

The former prime minister had been rushed from Kot Lakhpat jail to the hospital last month after his personal physician Dr Adnan Khan raised an alarm over his deteriorating health. Following this, Shehbaz had submitted a request to the interior ministry as well as NAB for the removal of Nawaz's name from the ECL so that the former prime minister could travel abroad for medical treatment.

Nawaz, who was incarcerated after an accountability court found him guilty in the Al Azizia corruption reference, was granted bail by the Islamabad High Court on humanitarian grounds. He also obtained bail in the Chaudhry Sugar Mills case, in which he is a suspect, from the LHC.

Meanwhile, in a statement, PML-N spokesperson Marriyum Aurangzeb, said on Friday that the Sharif medical board held a meeting. She said that doctors cautioned that if there was a further delay regarding Nawaz's health, it could prove to be deadly.

*Thursday's court proceedings*
A PML-N legal team led by Advocate Amjad Pervez filed the petition in the court as an urgent matter at around 3:15pm on Thursday with a request to condone the delay and fix it for a same-day hearing. Additional Attorney General (AAG) Chaudhry Ishtiaq A Khan and NAB’s special prosecutor Naeem Tariq Sanghera had appeared before the court as the petition was taken up around 4:30pm.

Advocate Pervez argued that the government’s condition of furnishing indemnity bonds to remove the name of the petitioner from the ECL was not based on any provision of the law. He said the condition had no legal standing since the petitioner had already been granted bail in the Chaudhry Sugar Mills case by the LHC and his sentence in the Al-Azizia Steel Mills reference had been suspended by the IHC.

AAG Khan sought time to verify from the record when asked whether the impugned order of the government for indemnity bonds was a result of any consensus and whether the petitioner was placed on the ECL on the recommendations of Lahore or Islamabad office of NAB.

The law officer also sought time to file parawise comments on the petition, which the bench duly allowed. The bench asked the law officer to assist it in a legal point on whether the government had the power to put any condition for removing the name from the ECL if there was a court order.


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## ghazi52

*PHC rejects Edwardes College principal’s review plea*

November 15, 2019







Court had declared Edwardes College a nationalised institution. 
PESHAWAR: A Peshawar High Court bench on Thursday rejected review petition filed by the principal of historical Edwardes College Peshawar, challenging last month’s judgment of the court of declaring the college a nationalised educational institution governed by a government constituted Board of Governors (BoG).

The bench of Justice Qaiser Rashid Khan and Justice Mohammad Nasir Mahfooz pronounced the order after preliminary hearing of the petition of Principal retired Brigadier Nayyar Firdous, who claimed that he was necessary party to the case and was not heard by the court while pronouncing the judgment on October 1.

The high court had on October 1 rejected a writ petition filed by Peshawar Diocese Bishop Humphery Sarfaraz Peter, who had requested the court to declare historical Edwardes College, which was set up in 1900, a private institution in light of an earlier judgment delivered by the court in 2016 and stop the government from interfering in its affairs.

The court had also accepted a petition filed by senior faculty members, who had challenged the stance of the bishop, stating that all privately managed schools and colleges had been taken over by the government in 1972. They had requested the court to declare the college as autonomous institution governed by the BoG notified in 1974.

Court had declared college a nationalised institution

The Khyber Pakhtunkhwa governor had been chairing the said BoG, but in March this year the Diocese committee abolished that BoG and formed the one chaired by the bishop.

The court had also allowed an application filed by Khyber Pakhtunkhwa government, requesting the court to recall its judgment delivered in 2016 in a writ petition filed by an educationist Malak Naz, wherein the court had declared the college a private institution.

Advocate Muazzam Butt appeared for the petitioner, Nayyar Firdous, and contended that several important points were overlooked by the high court in the earlier judgment. He stated that his client had not been served any notice in the earlier round of litigation and his point of view was not heard.

He requested the court to refer the petition to the chief justice for constituting a larger bench as earlier in 2016 the court had declared the college a private entity, whereas in the recent judgment it was declared a nationalised institution.

The counsel said that Edwardes College had become an international issue as it was also discussed by European parliamentarians.

He said that the petitioner, belonging to Christian community, had played important role in improving the college standard and had been receiving threats from certain elements. He added that the children of the petitioner were highly qualified and were providing their services in the college, but because of threats they had to leave the country overnight.

Justice Qaiser Rashid asked the counsel not to give communal colour to the issue and remain confined to legal and technical aspects. The bench observed that if the petitioner had any legal basis for the submission of the present review petition, the same should be presented to the court.

Advocates Ali Gohar Durrani and Farmanullah Khattak appeared for the faculty members and pointed out that the court in its judgment had discussed all the points raised by the present petitioner.

They stated that still if the petitioner had to put forward any other legal point, he could do the same before the Supreme Court where Bishop Humphery Sarfaraz Peter had filed an appeal against the high court’s verdict. They added that the high court had heard marathon arguments of all the parties before delivering the recent judgment.

The additional advocate general, Syed Sikander Hayat Shah, appeared for provincial government and opposed the review petition.

_Published in Dawn, November 15th, 2019_


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## ghazi52

*Musharraf moves LHC against impending high treason case verdict*

November 23, 2019





Former president retired Gen Pervez Musharraf. — AFP/File
Just days before a special court is scheduled to announce its verdict in the high treason case against him, former president retired Gen Pervez Musharraf on Saturday petitioned the Lahore High Court to challenge the reservation of the judgment.

Musharraf's counsel, Khwaja Ahmed Tariq Rahim, approached the high court on his client's behalf, contending that the reserving of the verdict on November 19 was "unconstitutional and void". It was pleaded that the impugned order from that date be suspended and that "the trial in absentia being conducted against the petitioner" be stayed until his physical appearance before the court.

Citing the "landmark judgment" in the _Mustafa Impex, Karachi vs The Government of Pakistan_ case, the petition has called for the decision in that case to be enforced and the trial in Musharraf's case to be re-initiated.

Additionally, the petition has argued that the federation of Pakistan and the Federal Investigation Agency (FIA) "be directed to conduct a proper and unbiased investigation including the names of all alleged aiders and abettors for the proper appreciation of facts and evidence at trial".

It has also pleaded that the petitioner be granted his "constitutional right to a fair trial and audience in the instant trial" according to the law.

Furthermore, it has contended that the section of the Criminal Law Amendments (Special Court) Act, 1976, which denies the accused an adjournment even on the grounds of illness, "be suspended and declared unconstitutional". In this regard, it has also requested that the trial be adjourned until the petitioner's medical condition "allows for his safe return to the country to face trial".

Musharraf's petition has requested that an independent medical board "at the expense of the petitioner" be constituted to assess his present medical condition.

The court has fixed the petition for a hearing on November 25. Justice Mazahir Ali Akbar Naqvi will preside over the proceedings.

Musharraf had declared a state of emergency on Nov 3, 2007, that lasted till the mid of December during which the Constitution remained suspended.

The high treason trial of the former military dictator has been pending since December 2013 when he was booked in the case.

He was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former president lingered on and he left Pakistan in March 2016 "to seek medical treatment".

The retired general was that year declared an absconder as he failed to appear before the court despite repeated summons and the court directive issued to the FIA to arrest him.

All Pakistan Muslim League (APML) Overseas President Afzaal Siddiqui had disclosed in October 2018 that Musharraf suffered from amyloidosis, a rare disease that has "weakened his nervous system".

The three-judge special court, headed by Peshawar High Court Chief Justice Waqar Ahmed Seth, had held on November 19 that a verdict based on available record would be pronounced on November 28. Additionally, the court had said that Musharraf's counsel could submit written arguments by November 26.


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## ghazi52

The performance of Pakistani judiciary is abysmal and taking a nose dive.
At least one case is pending since 1956 and many others are pending for more than 10 years.
There were 1.77 Million cases pending in 2014. As of 2018 there are 2.2 Million Pending cases and on the rise.
What the head of the Institution, the Chief Justice is doing about it?
Statistics speak for themselves, and these were published by the Law and Justice commission of Pakistan.


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## ghazi52

*IHC admits bail petitions of Zardari, Faryal for hearing*

December 03, 2019







Zardari in his application says that he is suffering from a heart condition and has had three stents inserted. — AP/FIle
The Islamabad High Court (IHC) on Tuesday admitted for hearing an application submitted by former president Asif Ali Zardari, seeking bail on medical grounds in two cases filed against him by the National Accountability Bureau (NAB).

The petition will be heard by an IHC special bench tomorrow.

Zardari is under detention on charges of money laundering and presently undergoing treatment at the Pakistan Institute of Medical Sciences in Islamabad. He was arrested by NAB after the cancellation of his pre-arrest bail by the IHC in the fake bank accounts case on June 10.

In his petition, filed earlier today, he maintained that he is suffering from a heart condition and has had three stents placed in his body. He said that he also suffers from diabetes which means that he has to constantly monitor his blood sugar levels.

The PPP co-chairperson's medical reports were also submitted along with the application to the IHC so that bail may be granted.

The high court also admitted for hearing a bail petition filed by Zardari's sister Faryal Talpur. In her appeal, Talpur maintained that she is the mother of a differently-abled child. In order to care for her child, she asked the court to grant bail until the completion of the trail. Her petition will also be heard tomorrow.

Zardari, Talpur and other accused face charges of corruption through fake bank accounts and embezzlement in the financial facility for Park Lane Private Limited and Parthenon (Pvt) Limited. NAB alleged that the national exchequer suffered a loss of Rs3.77 billion because of the irregularities.

Zardari was shifted to the Pakistan Institute of Medical Sciences (PIMS) in October after the medical board stated that he was suffering from cardiac problem, diabetes and other ailments, and needed medical care.

*Bail plea ‘at family’s insistence’*

A day earlier, PPP chairperson Bilawal Bhutto Zardari told the media that his ailing father had agreed to file a bail petition on medical grounds at the "insistence of his family members".

Accompanied by his sisters Bakhtawar and Aseefa, the PPP chairperson expressed concern over the deteriorating health of his father and said the doctors had suggested a “cardiovascular procedure” to trace blockade. “There are two procedures and we want that as soon as possible these procedures are carried out and Zardari gets the treatment,” he said.

“(Former) president Zardari had stopped us from filing the bail petition which was a difficult situation for us, my sisters and the whole family. Now he has accepted Aseefa’s request and, Insha Allah, the PPP will apply for the bail on medical grounds after finalising it,” he had added.

He said the doctors at Pims must be competent, but he and his family did not have trust in them and they would feel satisfaction after getting a “second opinion”.


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## ghazi52

*IHC gives govt, opposition 10 days to end deadlock on ECP members' appointment*

December 05, 2019


The Islamabad High Court (IHC) on Thursday issued directions for the parliament to resolve the deadlock over the appointment of members of Election Commission of Pakistan within 10 days.

During the hearing of a petition challenging the appointments, IHC Chief Justice Athar Minallah appreciated the efforts made by National Assembly Speaker Asad Qaiser and Senate Chairman Sadiq Sanjrani to resolve the deadlock and said: "National Assembly speaker and Senate chairman are neutral and they can end the deadlock between the opposition and the government."

The additional attorney general had requested the court for more time, saying that the seventh meeting of the Parliamentary Committee on Appointment of Chief Election Commissioner (CEC) and Members of the Election Commission of Pakistan was held yesterday.

During the proceedings, Justice Minallah asked PML-N leader Mohsin Shahnawaz Ranjha if a petition in this regard had been filed in the Supreme Court. Members of opposition parties had filed a petition in the top court on Wednesday, requesting it to "pass an appropriate order" in the wake of an impasse in parliament on the appointment of the CEC and two ECP members.

"_ don't understand why you have gone to court when the matter is moving towards a solution," he remarked.

"Why do you bring such matters in court? It is beyond understanding; everything is in your hands, you are an elected representative, solve matters yourself."

The judge further said that while it was "easy to hear the case", the court wanted to "see a strong parliament".

"You shouldn't come to us, instead resolve all conflicts in the parliament. We want to see a strong parliament and you have to do it," the IHC chief justice said.

Justice Minallah also observed that the CEC position was an important one and that the government and opposition should come together to end the impasse on his appointment.

The hearing of the case was adjourned until December 17.

*Deadlock on ECP members*

The positions of ECP members from Sindh and Balochistan have been lying vacant since the retirement of Abdul Ghaffar Soomro and retired Justice Shakeel Baloch in January, owing to a deadlock between the government and the opposition over the appointment of the members.

After the government and opposition failed to reach a consensus over the names, President Dr Arif Alvi on August 22 appointed the Pakistan Tehreek-i-Insaf’s nominees as ECP members, giving way to controversy. Matters worsened when incumbent CEC Sardar retired Justice Sardar Mohammad Raza refused to administer the oath to the members appointed by the president. A case against the appointments was also filed in the IHC.

The high court, in October, ordered that the matter be resolved in the parliament, following which Qaiser and Sanjrani held meetings to find a way to end the deadlock.

Furthermore, the bicameral and bipartisan committee of parliament, headed by Human Rights Minister Shireen Mazari, have held meetings to consider names of ECP members from Sindh and Balochistan that have been recommended by Prime Minister Imran Khan and Leader of the Opposition in the National Assembly Shahbaz Sharif. Both Shehbaz and Prime Minister Imran have separately recommended three names for the positions of the members.

A deadlock, however, has persisted with contradictory claims from both the government and the opposition.

The government and opposition have also not been able to reach a consensus over the next CEC ahead of Raza's retirement on December 6._


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## ghazi52

*PHC seeks response of KP CM, secys on contempt petition*
December 05, 2019





P
etitioners' lawyer maintains that despite clear directives, the respondents had so far not prepared rules and regulations while funds were released to treasury MPAs in violation of the court's order. – APP/File
PESHAWAR: A Peshawar High Court bench on Wednesday sought replies from the Khyber Pakhtunkhwa chief minister and over a dozen administrative secretaries about a contempt petition filed by 10 opposition MPAs claiming that despite a court order, the government hasn’t formulated rules for the allocation of development schemes for financial year 2019-20 and onward.

Justice Lal Jan Khattak and Justice Abdul Shakoor issued the order after preliminary hearing into the petition filed by MPAs Enayatullah Khan of the Jamaat-i-Islami, Khushdil Khan of the Awami National party and eight others, who requested the court to initiate contempt proceedings against the respondents, including Chief Minister Mahmood Khan, his principal secretary Shahab Ali Shah, and several administrative secretaries for violating the court orders.The next date of hearing will be fixed later.

A bench of the high court headed by Chief Justice Waqar Ahmad Seth had on Sept 11 disposed of a petition jointly filed by 38 MPAs of opposition parties and had ordered the government to formulate rules and regulations within seven days for allocation of development schemes and also not to release development funds until then.

The bench had ruled: “In future, especially for the financial year 2019-20, quarter concerned shall formulate the rules/regulations within seven days from the receipt of this judgment for allocations of schemes, umbrella schemes etc. so as to protect the rights of all individuals and preferably representatives equally. Meanwhile all developmental funds (including foreign developmental funds) in this respect shall not be distributed or released.”

Those MPAs led by leader of the opposition Akram Khan Durrani had challenged the unjust distribution of development funds by the chief minister in the fiscal budget 2018-19, especially the umbrella schemes reflected as block allocation in the budget.

Opposition MPAs claim court order violated as ADP rules not framed

Amir Javed, lawyer for the petitioners, said despite clear directives of the high court, the respondents, including the chief minister, had so far not prepared those rules and regulations. He added that funds were also released to the treasury MPAs in violation of the court’s order.

The lawyer said ADPs were prepared without taking into consideration vital factors such as poverty, backwardness of particular areas including population and lagging behind in infrastructure development of other districts.

He said preferential treatment was given by the chief minister to his native Swat district and the high court had issued that order for the same reason.

An additional advocate general said the government had formulated the Khyber Pakhtunkhwa Annual Development Plan (ADP) Policy 2019-23 in accordance with the court order.

He said under that policy, no public representative, including the chief minister and treasury and opposition MPAs could claim any individual right or discretion over ADP.

Amir Javed said the court had issued order for formulation of rules/ regulations, whereas the government had come up with a policy.

During hearing, Justice Lal Jan Khattak observed that the prime responsibility of MPAs was legislation but instead of doing that, they sought funds for development schemes.

He added that it was the responsibility of the relevant administrative bodies to execute development schemes.

In the earlier judgment the court had observed that since the budget 2018-19 had been authenticated, therefore the matter was a close chapter by now, however, it was hold that the allocation of funds of ADP, umbrella schemes, etc. were made on basis of discrimination, therefore, the government was warned to be careful in future.

The bench had ruled: “Since the issue in hand is an old and consistent one, therefore, the Government is advised, for future purposes, for spending developmental funds for the year 2019-20, first of all rules and regulations, etc. for allocation of developmental schemes/ projects, etc. are to be formulated in order to bring about the uniformity, minimising discriminatory treatments to any other member of the assembly, what to say of opposition benches, we give seven days’ time to formulate such policies, rules/ regulations and then to allocate the budget, by protecting rights of individuals and MPAs.”

The bench had cited several examples of allocation of funds by the chief minister in illegal and irregular manner without approval from the provincial cabinet.


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## ghazi52

*IHC issues show-cause notice to bar association secretary for 'misconduct and contempt'*
December 12, 2019







IHC Bar Association Secretary Muhammad Umair Baloch 's legal licence to practice before IHC has also been cancelled until his next appearance. — Video screengrab
The Islamabad High Court (IHC) on Thursday issued a show-cause notice to IHC Bar Association Secretary Muhammad Umair Baloch for "professional misconduct and contempt".

The high court also suspended Baloch's licence "to practice before [IHC]" until the next hearing, which will be held on December 19.

Baloch was reported to have been forcing lawyers not to appear before judges as the high court's bar association was observing a strike against alleged offences against the legal fraternity in Lahore a day earlier.

On Wednesday, lawyers had staged a violent protest at the Punjab Institute of Cardiology (PIC) apparently on a mission to avenge a group of lawyers, who had been beaten up at the PIC a few weeks ago, soon after some video clips went viral on social media showing some doctors making fun of the lawyers while recalling the incident.

The outraged attackers, mostly young faces dressed in black suits and sporting neckties, spared no one present on hospital premises, where several serious cardiac patients are under treatment at any given time. The situation worsened when a mob stormed into the emergency department, seemingly in search of some doctors. In view of the approaching danger, the doctors fled the scene.

As the condition of some critical patients deteriorated in the absence of doctors, three PIC patients, including a girl and an elderly woman, passed away.

The court, in its notice today, noted that Baloch was "forcing the learned advocates to leave the court".

"He continued doing so when the court proceedings commenced. He was asked to refrain from disturbing the proceedings and undermining the decorum of the court," the notice read.

"In response, he came to the rostrum and in a tone unbecoming of an enrolled advocate, he stated that instead of stopping him, the judges should encourage the strike."

The court's notice further said that other IHC judges had also reported that Baloch "interfered with court proceedings".

"The aforementioned acts also amounted to depriving the litigants from the right of access to justice."

Baloch, while talking to a reporter, said that IHC Chief Justice Athar Minallah had told him not to observe a strike in the high court, to which the advocate responded: "When you (the judge) observed strikes and we used to be your followers, it was acceptable. Now it is not?"





Awais Yousaf Zai@awaisReporter

میڈیا وکلا اور ڈاکٹرز تنازعہ کی ون سائیڈڈ کوریج نہ کرے اور زخمی وکلا کو بھی دکھائے ورنہ میڈیا کے ہائی کورٹ داخلے پر پابندی لگا دوں گا، جنرل سیکرٹری اسلام آباد ہائی کورٹ بار ایسوسی ایشن عمیر بلوچ کی وارننگ#LawyersBrutality
#LawyersAttackedPIC #PICunderattack #PICAttack







He insisted that the lawyers were holding a "peaceful protest" but were "attacked" by the doctors. He went on to say that the lawyers' reaction was in "self-defence".

He also criticised the media for "one-sided" coverage and warned that he will "impose restrictions" over journalists' entry in the IHC.

"As a general secretary, I am warning the media that if they continue with their one-sided coverage, I will bar you from the Islamabad High Court," he said.


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## ghazi52

*IHC's first female judge Lubna Saleem Pervaiz sworn in*

December 13, 2019

 






Lubna Saleem Pervaiz takes her oath alongside Fiaz Anjum Jadran and Ghulam Azam Qambrani. The oath was administered by Chief Justice Athar Minallah. — DawnNewsTV
Islamabad High Court's (IHC) first female judge Lubna Saleem Pervaiz was officially sworn in at a ceremony on Friday, reported _Radio Pakistan_.

She took her oath alongside judges Fiaz Anjum Jadran and Ghulam Azam Qambrani. The oath was administered by IHC Chief Justice Athar Minallah.

She was previously working as deputy general at the Sindh High Court.

The judges have been appointed to IHC by the president for a year, according to a notification from the Ministry of Law and Justice.

Under Article 175-A of the Constitution, the initial appointment of an additional judge in the high court is made for one year. After this term expires, the Judicial Commission of Pakistan (JCP) considers the judges for a permanent position, and the Parliamentary Committee on Judges Appointment then considers the JCP’s recommendations.

On Nov 21, the JCP recommended Pervaiz, Jandran and Qambrani as additional judges, and the nominations were unanimously confirmed by the parliamentary committee on Dec 4.

Previously, there were only four judges in the IHC, compared to seven sanctioned posts. They included Chief Justice Athar Minallah, Senior Puisne Judge Aamer Farooq, Justice Mohsin Akhtar Kayani and Justice Miangul Hassan Aurangzeb.


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## ghazi52

*Lawyers must seek public apology over PIC attack: LHC*











LAHORE: The Lahore High Court (LHC) chief justice was requested on Friday to form a division bench to hear a petition seeking the release of arrested lawyers.

Initially, Justice Anwarul Haq Punhun heard the petition and forwarded the matter to LHC Chief Justice Sardar Muhammad Shamim Khan to form a division bench.

Later, a two-member bench, headed by Justice Ali Baqar Najfi, took up the petition seeking cancellation of FIRs registered against lawyers and their immediate release. The court directed provincial law officer to furnish record of cases and details of arrested lawyers by Dec 16.

Member Pakistan Bar Council (PBC) Azam Nazir Tarar appeared on behalf of lawyers. Justice Najfi observed that it seemed law of jungle is prevailing in the country, as lawyers attacked the Punjab Institute of Cardiology (PIC), adding that no society could exist long under law of jungle.

The court asked petitioners’ lawyer as to how lawyers dared storm a hospital? “What would be your reaction if such invasion of bar council’s office takes place? It had not happened even in war times. Black sheep are present among lawyers and they should be kicked out, the judge remarked.

PBC member Tarar said the entire lawyer community felt regret over the PIC incident. Justice Najfi asked him could you render a single justification of attack on a hospital, adding that the lawyers should seek public apology and correct their ranks. He said the court was hearing the case with heavy heart and pain.

Tarar said lawyer leadership condemned the incident soon after it happened. Justice Anwarul Haq Punhun, the other member of the bench, asked whether any bar council had shown willingness to take action against the delinquent lawyers.

To this, Tarar said the bar council was going to take action against them and their practice licences would be suspended. He pointed out that police had tortured lawyers as if they had come to wage a war with an enemy country. They had been handed over to the CIA for further torture, adding that such practice should be shunned. Normally the real culprits are not arrested.

However, Justice Najfi angrily said apparently lawyers were aggressor, adding the arrested lawyers would have to seek bail from the trial court. He said the judges had taken oath to do justice in accordance with the Constitution and law of the land. The court adjourned hearing till Dec 16 and sought details of cases.


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## ghazi52

*PPP leaders Faryal Talpur, Khursheed Shah granted bail in NAB cases*
Tahir Naseer
December 17, 2019









Faryal Talpur is nominated in a case pertaining to money laundering through fake accounts, while Khursheed Shah is nominated in multiple corruption cases, including one of accumulation of assets beyond known means. — Dawn.com
PPP leader Faryal Talpur was granted bail by the Islamabad High Court (IHC) on Tuesday, in a case pertaining to money laundering through fake accounts which is being probed by the National Accountability Bureau (NAB).

She was granted bail against surety bonds worth Rs10 million.

During today's hearing, the court asked NAB's additional prosecutor general Jahanzaib Bharwana if the bureau was done interrogating Talpur. Bharwana responded in the affirmative.

In response to the court's inquiry regarding Talpur's involvement in the case, NAB's counsel insisted that money, allegedly transferred to Zardari Group's bank account from a fake bank account, was withdrawn later by a cheque signed by Talpur.

NAB had taken the PPP leader into custody earlier this year to interrogate her in the case. She was kept in Adiala jail.

Talpur had filed a bail application earlier this month, maintaining that she is the mother of a differently-abled child. In order to care for her child, she asked the court to grant bail until the completion of the trail. Her appeal was meant to be heard last week but was adjourned until today as NAB had not submitted a response.

Her brother Asif Ali Zardari was also granted bail by the IHC last week on medical grounds.

Zardari, Talpur, and others accused face charges of corruption through fake bank accounts and embezzlement in the financial facility for Park Lane Private Limited and Parthenon (Pvt) Limited. NAB alleged that the national exchequer suffered a loss of Rs3.77 billion because of the irregularities.

*Shah ordered to pay Rs5m for release*
PPP stalwart Khursheed Shah was also released on bail by an accountability court in Sukkur, _DawnNewsTV_ reported. The court ordered him to pay Rs5m in surety bonds for his release.

Shah was brought to the court via ambulance from the National Institute of Cardiovascular Diseases (NICVD) today after a five-day judicial remand granted to NAB expired.

NAB's prosecutor requested the court to grant a further remand of 15 days, but Shah's counsel and Senator Raza Rabbani argued that a 90-day period since his arrest had already lapsed without the anti-corruption body filing a reference or presenting any evidence to the court.

The prosecution, in response, said that a reference against 18 people, including had been prepared and had been submitted to NAB chairman retired justice Javed Iqbal which contains evidence implicating him in Rs1.24 billion worth of corruption.

The court granted Shah bail and warned him to appear before it when NAB submits the reference against him.

The PPP leader was arrested by NAB's Sukkur and Rawalpindi teams in September this year and was later shifted to Sukkur.

Multiple corruption cases against him are under investigation with NAB. In 2012, an accountability court had directed NAB to file a reference against him on a complaint pertaining to alleged accumulation of illegitimate assets.

In 2013, NAB had reopened two corruption cases against Shah under the directives of the Lahore High Court.

In July this year, the NAB chairman had approved nine inquiries against different personalities, including Shah.


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## ghazi52

0




On the previous hearing, Justice Ali Baqar Najafi had condemned the attack on PIC by a group of lawyers and observed that the incident brought a bad name to the judiciary. 

LAHORE: A Lahore High Court division bench on Monday recused, on the request of the bar, from multiple petitions challenging FIRs and arrest of lawyers in the wake of the attack on the Punjab Institute of Cardiology (PIC) and referred them to the chief justice for fixation before any other bench.

The bench comprising Justice Ali Baqar Najafi and Justice Anwarul Haq Pannun resumed hearing in a courtroom packed to its capacity with lawyers and their leaders.

Lahore High Court Bar Association President Chaudhry Hafeezur Rehman requested the bench to transfer the case to some other bench.

Justice Najafi allowed the request and sent the files to Chief Justice Sardar Muhammad Shamim for their fixation before any other appropriate bench.

Before the Monday’s hearing, Mr Rehman had also met the judges in chamber.

One of the judges was LHCBA president before elevation

Sources said the bar sought transfer of the case to save the judges from any controversy since Justice Pannun was holding office of the LHCBA’s president when he was elevated as judge of the LHC in 2018.

They said the bar had a view that it would not be appropriate in interest of justice if a former president of the bar heard a case directly relating to the lawyers.

On the previous hearing, Justice Najafi had condemned the attack on PIC by a group of lawyers and observed that the incident brought a bad name to the judiciary.

“We are hearing these petitions with great pain. We can transfer it forthwith if you say,” Justice Najafi had told the lawyers’ leaders.

He went on to say that it seemed law of jungle was prevailing in the country as lawyers attacked the PIC. He further said that no society could sustain under law of jungle.

_Published in Dawn, December 17th, 2019_


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## ghazi52

*LHC directs govt to inform Maryam of its decision regarding removal of her name from ECL*
December 23, 2019






The Lahore High Court (LHC) on Monday asked the government to inform PML-N leader Maryam Nawaz on whatever decision it takes on removing her name from the Exit Contol List (ECL). — DawnNewsTV/File

The Lahore High Court (LHC) on Monday asked the PTI-led government to inform PML-N leader Maryam Nawaz on its decision regarding removal of her name from the Exit Contol List (ECL).

A two-member bench of the high court, comprising Justice Ali Baqar Najafi and Justice Anwarul Haq Pannu, took up Maryam's second petition seeking the removal of her name from the no-fly list and one-time permission to visit London to inquire after her ailing father and former prime minister Nawaz Sharif. The LHC on December 9 had disposed of her earlier petition and directed the government's review committee to decide on the matter within a week.

The court asked how long it had been since its earlier order was issued, in response to which Maryam's lawyer Advocate Amjad Pervez said that it had been two weeks since the directive was issued to the government and no decision had yet been taken on the matter.

Pervez added that Maryam's representative Atta Tarrar had also appeared before the government's review committee but still no decision was taken.

The court asked Additional Attorney General Chaudhry Ishtiaq A. Khan, who was representing the federal government, if the government had taken any decision on removing the PML-N vice president's name from the ECL.

AAG Khan said the review committee presents its recommendation to the cabinet, which then decides on the matter.

Justice Pannu noted that though the government has yet to decide on the matter, he had read in the newspaper today that the government would not allow her to go abroad.

"The government has to take a decision, and they should do so. How are they giving a statement before the decision is taken?" he asked.

On Sunday, senior lawyer and aide to the prime minister Dr Babar Awan had said that the subcommittee of the federal cabinet that deals with ECL cases had rejected her plea. “The subcommittee is part of the cabinet and a formal announcement to bar Maryam from travelling abroad will be made by the federal cabinet in its meeting [on Tuesday],” Awan had said.

During today's proceedings, the court said that Maryam should be informed of whatever decision is taken tomorrow during the cabinet meeting.

Justice Pannu also asked Maryam's counsel to explain the maintainability of the case.

"Is this petition for Maryam Nawaz or Nawaz Sharif?" he asked, in response to which Advocate Pervez said a summary of Nawaz's case had been included in his daughter's petition as their cases are connected.

The proceedings were adjourned until December 26 (Thursday).

*Maryam moves court again*

On Saturday, Maryam moved the court for a second time seeking the removal of her name from the ECL. She sought one-time permission to travel abroad for six weeks from the date of departure.

Maryam had first approached the court with this request two weeks ago on December 7. The high court disposed off the petition and directed the government's review committee to decide on the matter within a week.

During the proceedings, Maryam's lawyer Azam Nazir Tarar had said that the court should change her petition's status to "pending" and direct the government to decide on the review application. However, the court said it didn't want to increase pressure on the government by doing so.

Along with her father, Nawaz Sharif, the government had decided to place Maryam's name on the ECL on August 20, 2018. Maryam is currently free on bail in the Chaudhry Sugar Mills case, in which she is a suspect, but her name remains on the no-fly list.

Nawaz, on the other hand, travelled to London last month after the government and courts granted him permission to fly abroad on medical grounds.


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## ghazi52




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## ghazi52

*PML-N leader Rana Sanaullah granted bail in drug trafficking case*










The Lahore High Court (LHC) on Tuesday granted bail to senior Pakistan Muslim League Nawaz leader Rana Sanaullah in a drug trafficking case against two surety bonds of Rs1 million each.

A day earlier, the LHC had reserved its verdict on Sanaullah's bail petition, which was announced today.

On November 20, the PML-N leader had approached the high court for a second time, seeking his release on bail in the drug case made against him by the Anti-Narcotics Force (ANF).

The petition was filed after a special court for Control of Narcotics Substance had dismissed his bail petition on November 10.

The bail petition stated that the case was politically motivated and based on mala fide intention. It further said that the recovery of narcotics attributed to the petitioner was "just eyewash".

It said that the prosecution failed to present any independent witness of the alleged recovery from the petitioner. It further said the video evidence presented before the trial court was contradictory to the story narrated in the FIR.

The petition mentioned that the three-hour delay in registration of the FIR made the entire case "a concocted story".

He said the trial court overlooked all the contradictions in the case and rejected his bail petition for the second time "without applying judicial mind".

The ANF had arrested Rana Sanullah on July 1 when he was traveling to Lahore from Faisalabad. The law enforcement agency had said that it recovered 15 kilogramme of heroine from his car.

*‘Fake case’*
Reacting to the development, PML-N leader Talal Chaudhry said this is a fake government that made fake cases against the opposition members.

“The relief being afforded to our leaders these days is because the cases are fake,” he said.

“The government is using state institutions for political ends and there are question marks over the ANF now.”

*'Arrest came after sufficient evidence'*
The then minister for narcotics control, Shehryar Afridi, had claimed that the ANF arrested the former provincial minister after ‘collecting sufficient evidence’ against him.

Addressing a press conference along with Director General ANF Major General Arif on July 04, he said Sanaullah was taken into custody after receiving a lead from a person arrested from Faisalabad Airport.

He said that movements of Rana Sanaullah were observed for many days, and he (Rana Sanaullah ) was not stopped on three occasions by the ANF as female members of his family were travelling with him.

He said the value of the drugs recovered from the PML-N leader was about Rs. 150 million to Rs.160 million in the international market.


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## ghazi52

*LHC allowed PPP to hold meeting at Liaquat Bagh on 27th: Kaira*
Aamir Yasin
December 25, 2019







Pakistan Peoples Party’s (PPP) Punjab president Qamar Zaman Kaira said Shahbaz Sharif should come back to the country and fulfil his responsibility to lead the opposition and Maryam Nawaz should also break her silence. — APP/File
ISLAMABAD: Pakistan Peoples Party’s (PPP) Punjab president Qamar Zaman Kaira on Tuesday said that despite the federal government’s effort to create hurdles in the way of a public meeting in Rawalpindi, the party was granted permission by the Lahore High Court (LHC) to continue its preparation to observe the death anniversary of Benazir Bhutto at Liaquat Bagh on Dec 27.

“Apparently, Prime Minister Imran Khan is not willing to get the legislation about the chief of the army staff passed by parliament as he is trying to divide the opposition and the bill will not pass without its support,” he said at a press conference at PPP Media House.

He said Leader of the Opposition in the National Assembly Shahbaz Sharif should come back to the country and fulfil his responsibility to lead the opposition and Maryam Nawaz should also break her silence.

Says PM is not willing to get the legislation about the army chief passed by parliament

Accompanied by PPPP secretary general Farhatullah Babar, information secretary Dr Nafisa Shah, general secretary Punjab Chaudhry Manzoor Ahmed, spokesman for the PPP chairman Mustafa Nawaz Khokhar and Nazir Dhoki, Mr Kaira said the PPP was observing the death anniversary of Benazir Bhutto at Liaquat Bagh for the first time and workers of the party would ensure their presence at the public meeting from all over the country.

“The party had informed Rawalpindi’s district administration on Dec 1 and the administration informed the PPP just last night that the permission to hold jalsa at Liaquat Bagh on Dec 27 has been refused,” he added.

He said the PPP approached the high court and informed it about the situation and the party was allowed to continue preparations for the jalsa at Liaquat Bagh. “The administration is responsible for providing security. The PPP will give its future strategy in that jalsa,” he said.

Mr Kaira recalled that at the time when Benazir Bhutto had addressed the public meeting in Liaquat Bagh, the country was going through a dire situation and once more the situation demanded leadership. “Bilawal Bhutto-Zardari is the only leader who can provide that leadership to the country,” he said.

He said the date for the public meeting was announced at the PPP’s foundation day function in Muzaffarabad on Nov 30, but efforts were being made to stop its political activities.

Mr Kaira said holding a public gathering was the right of every party and the PPP would exercise that right. He thanked the court for allowing the PPP to hold its public meeting.

“If the Jamaat-i-Islami can hold its jalsa just a couple of days ago in Islamabad, the PPP also has a right to hold its public gathering,” he said.

In reply to a question, the PPP leader said that the country was facing many crises and the government’s allies were also saying that if this government continued for another four months, the country would face further crisis. “The only panacea of all problems is fair and free elections,” he said.

He said Rana Sanaullah had been granted bail, but Ahsan Iqbal was arrested. PPP’s Punjab general secretary Chaudhry Manzoor claimed that the party workers and supporters would show up at the public meeting in highest numbers in history. He said that during Ayub Khan’s tenure, there were many leaders, but Zulfikar Ali Bhutto raised the voice for voiceless segments; in the Musharraf era, Benazir Bhutto raised the voice, and at present time, Bilawal Bhutto-Zardari is one and only who raised his voice for the voiceless.

_Published in Dawn, December 25th, 2019_


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## ghazi52




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## ghazi52

*Justice Mamoon to take oath as LHC CJ on Jan 1*

December 30, 2019






Justice Mamoon Rashid Sheikh. PHOTO: TWITTER/@pja_lahore

LAHORE: Justice Mamoon Rashid Sheikh will take oath as 48th chief justice of the Lahore High Court on January 1 (Wednesday) at a ceremony to be held in Governor House.

Governor Chaudhry Muhammad Sarwar will administer the oath to Justice Sheikh.

Chief Justice Sardar Muhammad Shamim Khan will be reaching superannuation on December 31. Appointed as high court judge on February 19, 2010, Justice Khan served as chief justice for one year.

Chief Justice-designate Justice Sheikh will retire on March 18, 2020.

Another LHC judge, Justice Shahid Mubeen, will also retire on December 31. With the retirements, the number of vacant seats in the high court will become 17 against its maximum sanctioned strength of 60.


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## ghazi52

*PIA chief executive told by SHC to stop working over eligibility for job*







KARACHI: Pakistan International Airlines (PIA) Chief Executive Air Marshal Arshad Malik was told by the Sindh High Court (SHC) on Tuesday to stop working owing to a petition filed over his eligibility for the CEO post.

The general secretary of the PIA's Senior Staff Association (SASA), Safdar Anjum, had filed a petition at the high court challenging Malik's appointment as the airline's CEO. It stated that the incumbent chief did not fulfil the educational requirements nor did he have any relevant experience for the job.

The two-member bench during the proceedings stopped the national carrier's CEO from performing his functions and told the airline to neither transfer, hire or fire any employees nor buy or sell assets. It said the PIA could not sell assets worth more than Rs10 million or make policies for the time being.

The SHC had issued a notice to the deputy general to appear before the court on January 22 in relation to the case.

Prior to joining the PIA, Malik — a graduate of the National Defence University (NDU) and qualified in Air Command and Staff Course from the US — had served as the Vice Chief of the Air staff.

He has served more than 40 years in the Pakistan Air Force (PAF) before being appointed the airline's chief executive officer. He was posted as the PIA's chairperson on October 11, 2018, by the federal government. On April 2, 2019, he was appointed the CEO.


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## ghazi52

*IHC seeks reply from NAB over fresh amendments to ordinance*







ISLAMABAD: The Islamabad High Court (IHC) on Wednesday sought a reply from the National Accountability Bureau (NAB) about protection to bureaucrats through the fresh amendments to NAB Ordinance and extended the interim bail of former federal minister and JUI-F leader Akram Khan Durrani.

A division bench of IHC conducted the hearing on Akram Durrani’s plea seeking extension in his interim bail. During the hearing, Chief Justice Athar Minallah remarked that Akram Durrani was holding a public office while the principal accounts officer of the ministry was a secretary who was holding all powers. The chief justice asked the NAB that whether it had also arrested the principal accounts officer. He asked how a public office-holder is arrested under the same law.

The NAB prosecutor said the secretary was also an accused in this case. The bench remarked that the bureaucrats, who had all the powers, had been protected through the amendment to NAB Ordinance, while inquiry was initiated against the person having no powers, for misuse of authority. The NAB prosecutor told the bench that arrest warrants were issued against Durrani in an illegal appointment inquiry, not in a case pertaining to holding assets beyond known sources of income. He prayed the court togrant some time to submit NAB's fresh reply.

Justice Athar Minallah remarked that the NAB has to convince the court under the new accountability law. The IHC chief justice asked the NAB official that whether the accused Akram Durrani was cooperating with the NAB investigation. The prosecutor said the accused was appearing before the NAB constantly, but he was not cooperating with the investigation team. The court extended the interim bail of Durrani till January 15, and sought fresh reply from the NAB.

..................................


*Justice Mamoon Rashid sworn in as new chief justice of LHC*







https://nation.com.pk/NewsSource/web-desk
January 01, 2020


Justice Mamoon Rashid Sheikh on Wednesday has taken oath as the 51st Chief Justice of the Lahore High Court (LHC).

According to details, Punjab Governor Chaudhry Muhammad Sarwar administered the oath to Justice Mamoon in a ceremony at Governor House.

Punjab Chief Minister Sardar Usman Buzdar, high court judges, government officials and prominent lawyers were also present in the event.

Justice Mamoon Rashid Sehikh has replaced Justice Sardar Muhammad Shamim Khan for just two months and 18 days.


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## ghazi52

*No record of cabinet's approval over filing of treason case against Musharraf, LHC told*

January 10, 2020







A three-member LHC bench is hearing a set of petitions filed by former president Pervez Musharraf challenging multiple actions against him. — INP/File

The Lahore High Court (LHC) on Friday posed questions regarding the legality of the treason case filed against former dictator Pervez Musharraf and the formation of the special court that conducted the trial and handed death sentence to the retired general after finding him guilty.

A three-member bench, comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir, was hearing a set of petitions filed by Musharraf challenging multiple actions against him, including conviction in high treason, the establishment of the trial court and filing of the complaint by the government.

Barrister Ali Zafar, who has been appointed as the court's amicus curea in the case, said that the case against Musharraf seemed to have been filed on the behest of the then prime minister, Nawaz Sharif, as there is record of the matter being on the agenda of any of the cabinet meetings held at the time.

"A case under Article 6 cannot be filed without the cabinet's approval," Barrister Zafar insisted. The court asked if the matter was on the agenda of any cabinet meeting, to which Zafar responded in the negative.

"None of the cabinet meetings were held on the matter," Barrister Zafar said.

"This was history's most important matter; can the cabinet discuss it without it being an agenda item?" the bench asked.

Justice Bhatti pointed out that during a recent case pertaining to the extension and reappointment of the army chief, the strength of the cabinet was discussed.

"But in Pervez Musharraf's case, the cabinet's approval or its role cannot be seen," the judge said. Justice Bhatti was referring to a recent case pertaining to the tenure of the army chief heard by the Supreme Court, where the bench had inquired how many members of the federal cabinet had approved Prime Minister Imran Khan's decision to extend the tenure of Army Chief Gen Qamar Javed Bajwa.

"On June 21, 2013, the attorney general sent a summary to the prime minister that a case be prepared against Pervez Musharraf under Article 6," Barrister Zafar told the court. "The interior secretary was given the authority to file a complaint on December 29, 2013."

"The case that was prepared was not in accordance with the law, neither was the formation of the special court in accordance with the law," Zafar said and added: "The complaint against Pervez Musharraf was not filed by the lawful authority; the law was violated here as well. According to the law, the cabinet has to nominate the relevant authority which would file the complaint."

Justice Naqvi also inquired how the judges who heard the treason case were appointed.

"On what basis were the judges appointed to the special court?" he asked. "Was there a written communication regarding the appointment of judges to the special court or was everything [decided] over the telephone?"

"The Ministry of Law and Justice wrote a letter to the Supreme Court registrar [asking] for names of judges to form the special court [bench]," the counsel for the federal government told the court.

"When the formation of the court [that heard the case] is wrong and illegal then all its steps and decisions will be considered illegal," Zafar said.

The court also discussed the charges levelled against Musharraf and the manner in which the trial was conducted.

"The federal government constituted the special court but did not decide how the criminal proceedings will be held," Barrister Zafar said. "After the 18th Amendment [in] Article 6, it was imperative to amend the 1973 and 1976 laws pertaining to treason."

Zafar said that though a new offence was added in Article 6, its manner of punishment was not decided.

"The charge sheet which was filed does not mention Article 6 at all," Justice Naqvi noted.

"The special court indicted [Musharraf] on the first day the case was heard," Zafar told the court. "The Supreme Court did not define the relation [of the action] with Article 6 but termed it as an unconstitutional step."

Zafar further said that that the trial was conducted in Musharraf's absence.

"If a person is not joining a trial, the court can, at most, declare him a proclaimed offender," Justice Naqvi said and added: "Which law allows punishing a person without hearing them?"

Referring to the special court's verdict, Justice Naqvi said: "Looking at the verdict, everyone who supported [Musharraf] at the time can be accused of abetting."

Barrister Zafar insisted that "no one can commit an Article 6 offence alone", saying that "it would be unconstitutional if proceedings are carried out against selected people."

"Can the special court summon other suspects if the federal government does not name them [in the case]?" asked Justice Jahangir, to which Barrister Zafar responded in the negative.

The court asked the federal government to submit a summary of the formation of the special court and directed the state's lawyer to present arguments on Monday. The hearing was adjourned until Monday.

A special court of Islamabad had on December 17 handed down death penalty to Musharraf with a two to one majority after six years of hearing the treason case against him. The case was filed by the PML-N government in 2013.

Musharraf, in his petition, had asked the LHC to set aside the special court’s verdict for being illegal, without jurisdiction, unconstitutional, in violation of Articles 10-A, 4, 5, 10 and 10-A of the Constitution. He sought suspension of the verdict till the decision of the petition.


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## ghazi52

*Special court formed for Musharraf treason trial 'unconstitutional', rules LHC*

January 13, 2020






The Lahore High Court on Monday resumed hearing a set of petitions filed by former dictator Pervez Musharraf challenging multiple actions against him, including his conviction in high treason, the establishment of the trial court and filing of the complaint by the government. — AFP/File




The Lahore High Court on Monday declared the formation of a special court — which heard the treason case against former dictator Pervez Musharraf and handed him a death sentence after finding him guilty of treason — as "unconstitutional".

The LHC bench, which was hearing Musharraf's petitions against the verdict, also ruled that the treason case against the former president was not prepared in accordance with the law. A short order of the high court will be released shortly.

A three-member full bench of the LHC, comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir, delivered the unanimous verdict.

Musharraf was sentenced to death by a special court in Islamabad on December 17, 2019, six years after the trial started. The case was filed by the PML-N government against Musharraf for suspending the Constitution on November 3, 2007, when he imposed emergency in the country.

According to both the federal government and Musharraf's lawyer, after the high court's ruling, the verdict issued by the special court stands voids.

In his petitions following the damning verdict, Musharraf had asked the LHC to set aside the special court’s verdict for being illegal, without jurisdiction and unconstitutional for violating Articles 10-A, 4, 5, 10 and 10-A of the Constitution. He also sought suspension of the verdict till a decision on his petition is made.

The former military chief is currently in Dubai in the United Arab Emirates. He was admitted to a hospital following deterioration of his health last month.


*Arguments in court*

As the court resumed hearing Musharraf's pleas on Monday morning, Additional Attorney General (AAG) Ishtiaq A. Khan, appearing on behalf of the federal government, presented the summary and record of the formation of the special court.

On Friday, Justice Naqvi had asked the federal government to submit a summary on the formation of the special court and had directed the state's lawyer to present arguments on Monday (today).

AAG Khan said that the matter of forming a case against Musharraf was never included in the cabinet agenda.

Justice Jahangir asked when the cabinet meeting under discussion was held. AAG Khan responded that it was held on June 24, 2013. He added that the cabinet met again with regards to the appointment of judges for the special court.

"It is the truth that the formation of the special court to hear the case against Musharraf was done without cabinet approval," he said.

According to the additional attorney general, the appointment of one of the judges in the special court had come under discussion in the cabinet on May 8, 2018. He added that on October 21, 2018, Justice Yawar Ali had retired and the special court was again broken.

The court inquired if the matter of the process of filing a complaint in the case had come up in cabinet meetings. AAG Khan responded in the negative.

"According to your record, there is no agenda or notification regarding the formation of the special court or the filing of the complaint," the bench noted.

The bench also discussed if imposing an emergency amounted to the suspension of the Constitution and Justice Naqvi remarked that "emergency is part of the Constitution".

"If the situation is such that the government imposes an emergency, will a treason case be filed against that government as well?" asked Justice Naqvi.

"Can an emergency be imposed under Article 232?" asked Justice Bhatti. The additional attorney general conceded that such a step would be in accordance with the Constitution.

"Then how is it a deviation from the Constitution?" asked Justice Naqvi. The AAG told the court that while passing the 18th Amendment, the parliament had included the suspension of the Constitution in Article 6 as an offence.

The bench asked if a person can be punished for an offence committed before an amendment is passed in that regard.

"An offence committed in the past cannot be punished after new legislation," the federal government's counsel told the court.

Justice Naqvi further said that by adding three words, the parliament had changed the entire status of the Constitution. He was referring to the amendments made in Article 6, where the parliament had deemed the abrogation, subverting or suspension of the Constitution as an offence of high treason.

"How many members comprised the FIA team that conducted the inquiry against Perves Musharraf?" asked Justice Naqvi, as the court examined the proceedings of the trial against Musharraf.

"A 20-25 member team was constituted which completed the inquiry," the AAG told the court.

"How many of those members participated in the trial?" the judge asked.

"Only one of them appeared [before the special court] for the trial," said AAG Khan.

"What is the value of an inquiry against Pervez Musharraf when those who conducted the inquiry did not appear during the trial [proceedings]?" remarked the judge.


*Musharraf case was not on cabinet agenda*

During the hearing on Friday, the LHC had posed questions regarding the legality of the treason case and the formation of the special court that conducted the trial and had handed Musharraf the death sentence.

Barrister Ali Zafar, who has been appointed the court's amicus curea, said that the case against Musharraf seemed to have been filed on the behest of then prime minister Nawaz Sharif, as there is no record of the matter being on the agenda of any of the cabinet meetings held at the time.

"A case under Article 6 cannot be filed without the cabinet's approval," Barrister Zafar had insisted. The court asked if the matter was on the agenda of any cabinet meeting, to which Zafar had responded in the negative.

"None of the cabinet meetings were held on the matter," Barrister Zafar said.

"This was history's most important matter; can the cabinet discuss it without it being an agenda item?" the bench had asked.

In an earlier hearing on Musharraf's plea, AAG Ishtiaq A Khan on Thursday told the bench that the formation of the special trial court had not been approved by the federal cabinet.

He said the record showed that only one letter was written by then premier Nawaz to the ministry of interior for the initiation of an inquiry against Musharraf on the charge of high treason.


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## ghazi52

*SHC suspends judicial magistrate for allegedly raping woman in his chambers*





File photo

KARACHI: The Sindh High Court on Saturday suspended a judicial magistrate in Sehwan after a woman accused him of raping her in his chambers, Geo News reported.

According to an order of the copy available with The News, the judicial magistrate has been suspended for ‘misconduct’ with immediate effect and directed to report to the High Court.

The allegations surfaced when the civil judge took the case of the woman who had eloped to Sehwan from Shahdadkot with a man. The couple had fled from their family members who were against the two marrying.

On January 13, the couple's relatives arrived at the guest house in Sehwan, but the matter was eventually taken to Sehwan police who took the couple into custody.

Police later presented the woman before the court of the judicial civil judge to record her statement.

Later, in her complaint to the police, the woman alleged that the judicial magistrate sexually assaulted her after directing the lady police officers accompanying her to leave his chambers.

Following the allegations, police took the victim to the Syed Abdullah Shah Institute of Medical Sciences in Sehwan for a medical check-up, which confirmed the woman was raped.

According to a senior police official, who spoke to Geo News on the condition of anonymity, an inquiry has already been conducted by a district and sessions judge who confirmed that the allegations of the civil judge sexually assaulting the woman in his chambers.

The sessions judge, in his findings, had recommended disciplinary action against the civil judge.

It is pertinent to mention here that police is yet to register a First Information Report against the civil judge and he is, at the moment, only suspended from performing his duties as a judicial magistrate.

The judge will continue to draw his salary during the period of his suspension, the SHC said.


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## ghazi52

*Sindh IGP to stay in office till centre decides to remove him: SHC*







The Sindh Court High Court (SHC) on Monday said that the province's Inspector General of Police (IGP), Kaleem Imam, would continue working until the Establishment Division decides to remove him from the office.

The remarks were made by Justice Muhammad Ali Mazhar who was overseeing the proceedings of a case related to the Sindh government's request for the removal of the IGP.

Sindh Advocate General Shabbir Shah appeared on behalf of the provincial government in court today.

The petition challenging the decision of the provincial cabinet to change the Sindh IGP was filed in court earlier today by lawyer and activist Jibran Nasir. The petitioner also shared a copy of the document on Twitter.




M. Jibran Nasir

✔@MJibranNasir

We have filed petition today challenging Sindh Govt's illegal notification to change IG Sindh in violation of established laws and principles by Sindh High Court & Supreme Court. While opposition in Sindh Assembly appears hopeless it is upto citizens to fight for good governance.

During the hearing, the counsel for the petitioner argued that in the letter sent to the federal government requesting Imam's removal, there was no mention of any discussions over the matter between the province and the centre.

"The federal government has rejected the request of the provincial authorities to remove Imam. The federal authorities have also said that the province cannot appoint an acting officer to replace Imam until a final decision about his removal has been made," the counsel argued.

Responding to the statement, the Sindh advocate-general said that the Sindh government considers it a matter of public interest.

Upon hearing the arguments of both the petitioner and the government, Justice Mazhar observed that the federal government has yet to respond on the matter, and that the court had previously ruled over the issue.

"The court has already ruled that the IGP can only be changed after consultations between the centre and the province. Under the laws, the tenure of the IGP runs for three years. The new IGP must be appointed in accordance with the law," the judge remarked.

The judge then ordered that the incumbent IGP Imam stay in his office until the centre responds to the request.

Further proceedings in the case were adjourned until January 28.

On Saturday, the federal government had said it was considering a request by the Sindh government to remove IGP Imam from office over "unsatisfactory performance".

Earlier this month, the provincial authorities had written a letter to the Establishment Division asking for the removal of Imam and the appointment of another police officer in his place.

In the letter, the Sindh government had also suggested names for the post. The Pakistan Tehreek-e-Insaf (PTI), which is in opposition in Sindh, had subsequently said it would challenge the removal of Imam in court.


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## ghazi52

*LHC grants bail to Fawad Hasan Fawad*








A picture of former prime minister Nawaz Sharif's principal secretary Fawad Hasan Fawad. 

LAHORE: The Lahore High Court on Tuesday (LHC) granted bail to former prime minister Nawaz Sharif's principal secretary, Fawad Hasan Fawad, in the assets beyond means case, reported Geo News. 

Hasan was directed by the court to file security bonds worth Rs10 million after the court approved his bail during a hearing of the assets beyond means case held today. 

During proceedings, the bench asked National Accountability Bureau (NAB) prosecutor about how much shares did the ex-principal secretary held in the Motorway City and Kashmir Road plaza projects. 

In response, the prosecutor told the court that he was not aware of it and the information should be sought from the suspect. The court responded angrily by asking the NAB lawyer as to why the suspect would share that information, saying that he should have done his homework. 

Hasan was arrested by NAB last year in July on allegations of corruption regarding the Ashiana-e-Iqbal Housing Scheme scam and three other projects. He has also served as principal secretary to PM Shahid Khaqan Abbasi in 2017 when he was elected prime minister after Nawaz's disqualification. 


*Corruption allegations against Fawad Hasan Fawad*

According to NAB, the contract for the Ashiana housing scheme was won by a construction company titled Chaudhry Latif and Sons.

However, NAB says then-Punjab chief minister Shehbaz Sharif and his aides awarded the Rs14 billion contract to Lahore Casa Developers — a proxy group of Paragon City (Pvt) Limited, which is said to be owned by Railways Minister Saad Rafique.

Fawad, who was implementation secretary to the chief minister Punjab at the time, levelled charges of wrongdoings against Chaudhry Latif and Sons for the contract to be awarded to Casa Developers.

In a second reference filed in March last year, NAB accused Fawad of amassing Rs1.09 billion worth of illegal assets, including a five kanal commercial plot in Rawalpindi's Saddar area valued at around Rs50 million.


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## ghazi52

*Peshawar court rejects Manzoor Pashteen's bail request, orders transfer to DI Khan jail*


January 28, 2020








A local court in Peshawar on Tuesday ordered that Pashtun Tahaffuz Movement (PTM) chief Manzoor Pashteen be shifted to Dera Ismail Khan, a day after he was arrested and sent to Peshawar Central Jail on a 14-day judicial remand. — 

A Peshawar court on Tuesday ordered Pashtun Tahaffuz Movement (PTM) chief Manzoor Pashteen's transfer to a Dera Ismail Khan jail, a day after he was arrested and sent to Peshawar Central Jail on a 14-day judicial remand.

District and sessions judge Muhammad Younis accepted the DI Khan police's request for permission to shift the PTM chief to DI Khan, where a first information report (FIR) has been registered against him.

Pashteen, who was not presented in court during today's proceedings, was represented by his lawyers including Shahab Khattak, Farhat Afridi and Advocate Fazl. Their request of a transit bail for Pashteen was rejected by the court.

After Pashteen is shifted to DI Khan, he is expected to be presented before a judicial magistrate for physical remand.

The PTM chief was arrested on Monday from Peshawar's Shaheen Town.

According to police, a case was registered against the PTM chief at the City Police Station in DI Khan on January 18 under sections 506 (punishment for criminal intimidation), 153-A (promoting enmity between different groups), 120-B (punishment of criminal conspiracy), 124 (sedition), and 123-A (condemning the creation of the country and advocating the abolishment of its sovereignty) of the Pakistan Penal Code.

According to the FIR, a copy of which is available with _Dawn.com_, Pashteen and other PTM leaders had attended a gathering on January 18 in DI Khan where the PTM chief had allegedly said that the 1973 Constitution violated basic human rights. The FIR added that Pashteen also made derogatory remarks about the state.

Police had also arrested nine other PTM workers who were identified as Muhammad Salam, Abdul Hameed, Idrees, Bilal, Mohib, Sajjadul Hassan, Aimal, Farooq and Muhammad Salman.

Following Pashteen's arrest, PTM leaders and MNAs Mohsin Dawar and Ali Wazir condemned the action, saying that instead of addressing the group's grievances, the state had resorted to arresting its leader.

Dawar said he had contacted the police to ask on what grounds Pashteen had been arrested but added that authorities did not give any reasons and refused to cooperate.

Terming the arrest as an "abduction", Dawar had said: "We think that Manzoor Pashteen has been arrested for the speech he delivered in Bannu in which he said he will gather all Pashtun leaders." He urged PTM workers to stay "peaceful like always" and announced that the group will hold protests across the country as well as abroad on Tuesday.

*PTM movement*
PTM is a rights-based alliance that, besides calling for the de-mining of the former tribal areas and greater freedom of movement in the latter, has insisted on an end to the practices of extrajudicial killings, enforced disappearances and unlawful detentions, and for their practitioners to be held to account within a truth and reconciliation framework.

The party has been critical of the state's policies in the country's tribal belt, where a massive operation against terrorists was conducted in recent times leading to large-scale displacement and enforced disappearances.

PTM's leaders, in particular its elected members to the National Assembly, have come under fire for pursuing the release of individuals detained by authorities without due process. The army alleges the party of running an anti-national agenda and for playing into the hands of the state's enemies.

Last year, two of PTM's MNAs — Dawar and Wazir — were arrested by police after a protest gathering in Kharqamar for allegedly using violence and clashing with army personnel. The party while rejecting these allegations, insisted that theirs is a peaceful struggle for the rights of people from the country's tribal belt.


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## ghazi52

*Why pro-PTM protesters were booked for sedition, asks IHC*

February 02, 2020







Islamabad High Court (IHC) Chief Justice Athar Minallah on Saturday sought explanation from the capital police and the district administration for invoking offence of sedition against those who were protesting against the arrest of Pashtun Tahafuz Movement (PTM) leader Manzoor Pashteen. — AFP/File


ISLAMABAD: Islamabad High Court (IHC) Chief Justice Athar Minallah on Saturday sought explanation from the capital police and the district administration for invoking offence of sedition against those who were protesting against the arrest of Pashtun Tahafuz Movement (PTM) leader Manzoor Pashteen.

The court summoned the deputy commissioner and the inspector general of Islamabad police on a petition seeking post-arrest bail of 23 activists of the PTM and Awami Workers Party (AWP).

Justice Minallah heard the bail plea in his chamber. Advocates Babar Sattar, Nisar Shah and Sikandar Naeem represented the detained activists.

The court ordered the DC and the IGP to produce the record related to the arrest of activists.

“Both will appear in person along with the record on Feb 3, 2020 at 10am and explain under what authority of law the offence of sedition has been included in the FIR and why the petitioners who are stated to have exercised their right of assembly in a peaceful manner may not be released on bail.”

The counsel for the petitioners — Ammar Rashid and others — contended before the chief justice that “the case has been registered against the petitioners on the basis of mala fide”.

He also questioned the order issued by the additional district and sessions court dismissing the post-arrest bail petitions of the detained activists, saying it was “arbitrary and not in consonance with the settled principles of law”. He said it was a serious miscarriage of justice and invoking offence of sedition against unarmed peaceful citizens was misuse of authority.

On Jan 30, additional district and sessions judge of Islamabad Mohammad Sohail declined to grant bail to detained activists, saying that prima facie this was a case of terrorism since during protest the protesters had chanted slogans against the government and the army.

It was mentioned in the first information report (FIR) that scores of protesters managed to escape from the spot, but the complainant and the police officials would identify them when they appeared before them.

Interestingly, the police did not invoke any section of the Anti-Terrorism Act (ATA), 1997 in the FIR, but the judge in the concluding paragraph of his decision on the bail plea observed, “I have no hesitation to hold that it is a case in which Section 7 of the Anti Terrorism Act (ATA) is attracted by all force, hence, this court lacks jurisdiction to entertain and decide the bail applications.”

The judge noted in the order sheet that “the allegations were raised and speeches were made against Pakistan and its army as [has been] sufficiently revealed in the subject FIR and as per my perception it definitely amount to threat to coerce and intimidate the government and the same has seemingly created a sense of fear and insecurity among the public”.

_Published in Dawn, February 2nd, 2020_


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## ghazi52

*IHC asks CCP chairperson dismissed by govt to resume services*






ISLAMABAD: The Islamabad High Court (IHC) revoked a government notification that earlier dismissed the Chairperson of Competition Commission of Pakistan , Vadiyya Khalil. 

The IHC revoked another notification issued by the government to dismiss Muhammad Saleem and Dr Shehzad Ansari, two other members of the commission. The high court directed both members to resume their services.

IHC Judge Miangul Hassan Aurangzeb announced the verdict, stating that the government cannot dismiss officials without following the prescribed rules and procedures.

Khalil and other members of the commission who were dismissed had challenged the finance division’s notification which was issued on October 15, 2018.

The division’s decision came after the federal cabinet’s approval on October 4, 2018.

Khalil was appointed as the commission’s chairperson on October 14, 2017, for a term of three years. Ansari, Saleem were appointed on December 4, 2017 for a period of three years.

The then-information minister, Chaudhry had said that it had been decided to remove several high-level officials in banks and government departments as according to a Supreme Court decision, only the cabinet could appoint directors and heads of departments. This role had been unlawfully delegated to Ishaq Dar, the then-finance minister, by the previous PML-N government.

The officials dismissed from their posts include Saeed Ahmed, the president of National Bank of Pakistan; Tahira Raza, the president of First Women Bank; Syed Talat Mehmood, the president of Zarai Taraqiati Bank Limited; and Ehsanul Haq Khan, the president of SME Bank.

Besides, four other officials appointed during the PML-N’s tenure were also removed including Jameel Ahmed, the deputy governor of State Bank; Shamsul Hassan, the deputy governor of State Bank; Khalil, Saleem and Ansar of CCP.


----------



## ghazi52

*LHC granted bail to Hamza Shehbaz in Ramzan Sugar Mills case*






Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz. Photo: File


The Lahore High Court (LHC) on Thursday accepted the bail plea of Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz in the Ramzan Sugar Mills case, _Geo News_ reported.

A two-member bench of the LHC, headed by Justice Mazahar Ali Akbar Naqvi, on Thursday conducted a hearing into the Ramzan Sugar Mills case. Shehbaz had been indicted in the sugar mills case along with his father, former Punjab Chief Minister Shehbaz Sharif, on April 9 last year.

In February 2019, the National Accountability Bureau (NAB) had filed a reference against the two alleging that the former chief minister of Punjab misused his authority by using public funds for the construction of a bridge to facilitate the Ramzan mills, owned by his sons.

On April 17 2019, Hamza was granted pre-arrest bail by LHC, which also restrained NAB from arresting him in cases pertaining to ownership of assets beyond means, until further notice. Hamza was also directed to submit bail bonds worth Rs10 million at the time.

The PML-N leader was then arrested by NAB from inside the LHC on June 11 in the Ramzan Sugar Mills and money laundering cases after the two-member bench rejected Hamza's bail.

The court will hear the bail petition in the money laundering case on February 11.


----------



## ghazi52

*JCP proposes Justice Qasim Khan as LHC CJ*



ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Monday recommended the name of Justice Qasim Khan as Chief Justice of Lahore High Court (LHC).

Meeting of the Judicial Commission of Pakistan for appointment of judges in the superior courts was held here in the Supreme Court with Chief Justice of Pakistan Justice Gulzar Ahmed in the chair.

It is pertinent to mention here that Justice Mamoon Rashid Sheikh, the incumbent Chief Justice of Lahore High Court is going to retire on March 18, 2020. On January 2, Justice Mamoon Rashid Sheikh took oath as the 49th Chief Justice of the Lahore High Court (LHC) for a brief period of two months and 18 days.

Following JCP’s recommendation, name of Justice Qasim Khan name now will be referred to the Parliamentary Committee on Judges Appointment, which has the authority to approve or disapprove any name.


----------



## ghazi52

*LHC to hear Maryam Nawaz’s ECL plea on 18th*








LAHORE: The Lahore High Court on Monday fixed Pakistan Muslim League-Nawaz Vice President Maryam Nawaz’s plea seeking her removal from the Exit Control List (ECL) for hearing on February 18.

A two-member bench of the LHC headed by Justice Ali Baqar Najafi will hear the plea. Justice Tariq Saleem Sheikh will be the other member of the bench.


----------



## ghazi52

*IHC revokes presidential ordinance dissolving PMDC*






3:59 PM | February 11, 2020

The Islamabad High Court (IHC) has on Tuesday nullified the presidential ordinance that dissolved the Pakistan Medical and Dental Council (PMDC) and restored all employees.

According to the reports, the IHC declared the formation of the Pakistan Medical Commission (PMC) illegal in its verdict which had been reserved on January 8 by Justice Mohsin Akhtar Kayani.

The PMDC employees expressed joy over the decision and congratulated each other while terming it as a triumph of truth. The detailed verdict will be issued later.

Earlier, President Dr. Arif Alvi had dissolved the PMDC on October 20, 2019 by imposing the Pakistan Commission Ordinance. PMDC Registrar Brigadier (retired) Hafizuddin and other employees had challenged the decision in the IHC.


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## ghazi52

*IHC to scrutinise NAB head’s powers of issuing warrants*

February 14, 2020





Says unfettered powers are contradictory to fundamental rights of citizens. — Dawn/File
ISLAMABAD: The Islamabad High Court (IHC) has decided to scrutinise powers of the National Accountability Bureau (NAB) chairman of issuing arrest warrants, observing that unfettered powers of arrest are contradictory to fundamental rights of citizens.

An IHC division bench comprising Chief Justice Athar Minallah and Justice Lubna Saleem Pervez was hearing two petitions seeking post-arrest bail for former prime minister Shahid Khaqan Abbasi and former interior minister Ahsan Iqbal.

The bench adjourned the hearing to Feb 20 as in both the cases the court spent more time in determining the powers of arrest vested in the NAB chairman.

Justice Minallah asked a number of questions from NAB additional prosecutor general Jahanzeb Khan Bharwana and its investigation officers about the LNG terminal case against Mr Abbasi and the Narowal Sports City (NSC) project for which Mr Iqbal is facing an inquiry for expanding the scope of the scheme.

Says unfettered powers are contradictory to fundamental rights of citizens

Ironically, in both the cases, the NAB prosecution could not provide satisfactory answers to the questions put to them by the court regarding reasons for issuance of the arrest warrants that too at the inquiry stage.

Justice Minallah observed that the arrest of a citizen without any justification was against the fundamental rights, liberty and dignity. He asked the NAB prosecution as well as the investigation officers to explain “what were the compelling circumstances that led NAB to issue arrest warrants”.

The investigation officer informed the court that Mr Iqbal was not cooperating with the investigation team.

Mr Iqbal’s counsel Tariq Mehmood Jahangiri produced six call-up notices before the court, saying that the former interior minister was cooperating with NAB and appeared before the investigation team whenever he was summoned. He said that on his sixth appearance in December last year, the investigation officer arrested him from the NAB premises.

“Why do you think that the arrest was indispensible and what led you to believe that the investigation could not be conducted without arresting him?” asked Justice Minallah.

The investigation officer replied that there were apprehensions that Mr Iqbal might tamper with evidence.

“Didn’t you take the relevant record in your custody when the inquiry was entrusted to you?” the bench asked him again.

The officer replied that Mr Iqbal was so powerful that he had manipulated the sports project in 2009 when he was not even a minister.

Justice Minallah expressed displeasure over these answers and warned that “if the arrest is not justified, it would amount to tort”.

Mr Bharwana argued that there were chances of Mr Iqbal’s absconsion. However, when the court inquired whether he was placed on the Exit Control List (ECL), the lead prosecutor replied in negative.

Death cell

Arguing the bail petition of Mr Abbasi, Barrister Zafarullah Khan informed the court that it had been 205 days since Mr Abbasi is in custody and at present he had been confined to death cell.

When the IHC chief justice inquired from NAB as to why Mr Abbasi had been kept in death cell, Mr Bharwana pointed out that the former premier was not in the custody of NAB, adding that he was kept in the judicial lockup since he had been on judicial remand.

Justice Minallah asked the investigation officer “why NAB feels it is inevitable to arrest him [Abbasi] for investigation”.

He replied: “We provided opportunities to him to share relevant details with us, which he didn’t.”

Barrister Khan, on the other hand, said that Mr Abbasi had provided details of his business and assets for the last 20 years.

Justice Minallah wondered whether the investigation officer was repeatedly summoning Mr Abbasi with the expectation that he might confess his crime.

The investigation officer could not respond to the court’s questions such as, “Do you know what the human impact of arrest is? Can you return the dignity of a man who suffered humiliation for being arrested?”

Mr Bharwana informed the court that NAB had detected several transactions in the accounts of Mr Abbasi.

The defence counsel, however, said that these transactions belonged to his private business, adding that the former premier was the 5th largest taxpayer of the country and recently the government issued a commendation certificate to him.

He further said that the government also expanded the LNG terminal project and work had been assigned to the same company — EETPL.

It may be mentioned that NAB in its written reply submitted to the IHC stated that Mr Abbasi was involved in “award of LNG Terminal-I to M/s EETPL at Port Qasim, Karachi, at exorbitant rates”.

It said that Mr Abbasi got cancelled the Fast Track LNG Project — Integrated System — from the Economic Coordination Committee (ECC) on June 27, 2013 and M/s QED Consultant which, according to NAB was selected without adhering to procurement rules, had disqualified the EETPL.

When Justice Minallah asked the investigation officer about the authenticity of this news, he expressed his inability to confirm the information, saying that “I cannot confirm the news right now”.

“You filed the reference without confirmation, you need not to confirm this you must know the facts,” remarked the judge.

The bench adjourned the hearing to Feb 20 and said the final decision would also discuss the parameters for the powers vested in the NAB chairman to issue arrest warrants as the Supreme Court had in a number of judgements pointed out that these powers were not unfettered and unbridled.

_Published in Dawn, February 14th, 2020_


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## ghazi52

*SHC upholds death sentence of nine Jundullah men in corps commander attack case*
February 15, 2020





The Jundullah men were arrested near the Model Colony graveyard on June 13, 2004. — Photo courtesy Wikimedia Commons/File
KARACHI: The Sindh High Court on Friday upheld the death sentence of nine militants of banned Jundullah and acquitted their two associates in the 2006 corps commander convoy attack case.

An antiterrorism appellate bench comprising Justices Muhammad Karim Khan Agha and Abdul Mobeen Lakho had on Jan 28 reserved its verdict on an appeal jointly filed by 11 convicts.

Attaur Rehman alias Ibrahim, Shahzad Ahmed Bajwa, Yaqoob Saeed, Uzair Ahmed, Shoaib Siddiqui, Danish Inam, Najeebullah, Khurrum Saifullah, Shahzad Mukhtar, Khalid Rao and Adnan Shah were sentenced to death by an antiterrorism court on Feb 22, 2006.

The trial court had found them guilty of committing a series of offences, including the June 10, 2004 attack on the motorcade of then corps commander V Corps Lt Gen Ahsan Saleem Hayat, on the old Clifton bridge, which had resulted in the death of six army personnel, three policemen and a passerby.

Over 35 judges of the high court have heard the appeal of 11 Jundullah men filed 14 years ago

All of them had challenged their sentences in the Sindh High Court by filing the appeal in June 2006 that was heard by more than 35 judges over the period.

In its judgement, the SHC appellate bench ruled that the trial court had rightly convicted nine appellants —Rehman, Bajwa, Ahmed, Siddiqui, Inam, Saifullah, Mukhtar, Khalid Rao and Adnan Shah.

The bench partially dismissed the appeal to the extent of the nine above-named convicts. It also answered a reference sent by the trial court for confirmation of sentences awarded to them in the affirmative to the extent of the nine men.

However, the bench acquitted Yaqoob Saeed and Najeebullah and partially allowed their appeal. It also answered in the negative the trial court’s reference against them.

Advocate Mushtaq Ahmed represented the appellants while a deputy prosecutor general represented the state.

The Jundullah men were arrested near the Model Colony graveyard on June 13, 2004.

They were charged with the offences under Sections 302 (premeditated murder), 324 (attempted murder), 404 (dishonest misappropriation of property possessed by deceased person at the time of his death) and 34 (common intention) of the Pakistan Penal Code read with Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act, 1997 and Sections 3, 4 and 5 of the Explosives Act.

The trial court had also handed down life imprisonment to them for planting two bombs at the bridge. The court had also ordered confiscation of their properties.

The court had sentenced them to 14-year imprisonment for injuring 10 people during the attack and had also imposed a fine of Rs50,000 each.

The trial court had further ordered each convict to pay Rs100,000 compensation to the legal heirs of each deceased.

According to the prosecution, accused Najeebullah had booked a vehicle from its owner for a picnic and had asked the owner to send the vehicle to a house in Federal B. Area.

It cited the testimonies of driver Ghulam Rasool and Bakhtiar Khan as eyewitnesses, who deposed that they reached the designated place at 6am, but only three accused were present there.

It had further mentioned that the accused held the driver and conductor at gunpoint and accused Uzair started driving the van. He deposed that on their way, accused Najeebullah injected something to the conductor and ejected him from the van a little before Jauhar Chowrangi in Gulistan-i-Jauhar while he also injected some drug to the driver and ejected him as well from the vehicle.

The prosecution cited testimony of car rental dealer Ghulam Abbas as its prime eyewitness, who recognised accused Najeebullah. The witness deposed that Najeebullah came to his office on June 9, 2004 to book a HiAce for a picnic on June 10.

Other prosecution witnesses — eyewitnesses Capt Salman Masood, Havildar Abdur Rasheed, Lance Naik Mohammad Safdar, Havildar Zafar Abbas, who were present in the corps commander’s vehicle — had identified accused Bajwa, Siddiqui, Mukhtar and Saifullah as those who attacked the convoy.

_Published in Dawn, February 15th, 2020_


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## ghazi52

*'This is Pakistan, not India,' says IHC chief justice after cases against AWP, PTM protesters dropped*

February 17, 2020





"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Athar Minallah. Dawn/File
The Islamabad High Court (IHC) on Monday wrapped up the bail petitions of 23 workers of the Pashtun Tahaffuz Movement (PTM) and Awami Workers Party (AWP), who were arrested by the Islamabad police last month while protesting against the arrest of PTM chief Manzoor Pashteen

As IHC Chief Justice Athar Minallah resumed the hearing of bail petitions filed by the 23 protesters, Islamabad Deputy Commissioner Hamza Shafqaat told the court that all charges against the protesters had been dropped.

On the basis of the deputy commissioner's statement, the IHC wrapped up the bail petitions of the protesters.

"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Minallah.

On February 2, the court was told that Section 124-A (related to sedition) had been deleted, but Section 7 of the Anti-Terrorism Act (ATA), 1997 had been inserted in the First Information Report (FIR) against the protesters.

Following this, the IHC on Tuesday had sought an explanation from a magistrate for invoking sedition charges against those who were taken into custody during the protest.

During today's proceedings, the IHC chief justice said: "We don't expect that a democratic government will curb freedom of expression."

"An elected democratic government cannot place curbs on freedom of expression. [We] shouldn't fear criticism," he remarked.

"The constitutional courts will protect the constitutional rights of the people.

"Everyone's constitutional rights will be protected. This is Pakistan, not India," Justice Minallah said.

"If you want to protest, get permission. If you don't get permission, the court is here," he said.

Islamabad Advocate General Tariq Mehmood Jahangir said that the country had been fighting terrorism for 20 years and the "secret agenda" of the protesters was worrisome.

"No one should say anything against the state," he said, adding that a written order against those who speak against the state or make hate speeches should also be issued.

Justice Minallah remarked that neither the state nor its institutions were "so weak" that mere words would have any impact.

The IHC chief justice noted that the current government had itself challenged Section 144 of the Criminal Procedure Code — a law concerning the maintenance of public order — when President Arif Alvi had challenged it in 2014.

"_ hope that they will not take away rights," he added. "The country is a democracy, let the Parliament decide."

Later, AWP activist Ammar Rashid, one of the protesters who had been arrested, took to Twitter to share that the state had withdrawn the FIR and all charges against them.




Ammar Rashid ☭@AmmarRashidT
https://twitter.com/AmmarRashidT/status/1229305262856642560

The state has withdrawn the FIR and all charges against us. Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalization of dissent, peaceful protest & freedom of expression in our country.





403
2:23 AM - Feb 17, 2020
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117 people are talking about this





"Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalisation of dissent, peaceful protest & freedom of expression in our country," he added.


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## ghazi52

*IHC grants bail to Shahid Khaqan Abbasi, Ahsan Iqbal in corruption cases*

Tahir Naseer

February 25, 2020







The Islamabad High Court (IHC) on Tuesday granted bails to former prime minister Shahid Khaqan Abbasi and PMLN leader Ahsan Iqbal in separate cases. — DawnNewsTV/File


A two-member bench of the Islamabad High Court (IHC) on Tuesday granted bails to former prime minister Shahid Khaqan Abbasi and Ahsan Iqbal in separate cases.

Abbasi was granted bail in the Liquified Natural Gas (LNG) case while Iqbal was granted bail in the Narowal Sports City corruption case.

The court directed that Abbasi and Iqbal be released after submission of surety bonds of Rs10 million each.

In its written orders, the court said that the investigation officer may "impose such conditions as he deems appropriate" to secure cooperation and presence of the petitioners during their respective inquiries.

The hearings were presided over by IHC Chief Justice Athar Minallah and Justice Lubna Saleem Pervez.

Chief Justice Minallah, during the hearing of the former premier's bail petition in the LNG corruption case, remarked that the government took a grant from another country (United States) for help, and the country itself hired a firm.

"Public funds were not used for the project; USAID funds were used instead ... Public Procurement Regulatory Authority rules are not applicable in this case."

He questioned the National Accountability Bureau (NAB) prosecutor about whether the foreign ministry had been asked about USAID.

The prosecutor informed the court that the watchdog was acquiring records from the ministry. He further said that Abbasi had purchased LNG at expensive rates. The chief justice then questioned the prosecutor whether NAB had researched if any company could be given the terminal's contract at cheaper rates.

Referring to a letter submitted by the anti-graft watchdog, Justice Minallah remarked that NAB cannot mention a company providing services at a cheaper rate if it did not participate in the bidding.

The investigation officer (IO) also read out a statement from Abid Saeed, former secretary of petroleum, which stated that he had prepared the summary on Abbasi's instructions for awarding the contract. At this, the chief justice remarked that NAB had forgiven the former secretary after taking his statement on a summary from five years ago.

The chief justice also told the IO that "these are your powers which we are talking about."

Abbasi has been in jail for over 200 days. He was arrested by NAB in connection with an inquiry into the LNG terminal contract.


*IHC chief justice grills NAB over arrests*

Earlier in the day, during a hearing of former interior minister and senior PML-N leader Ahsan Iqbal's bail petition in the Narowal Sports City case, the chief justice asked the NAB prosecutor to clarify the body's policies.

"What is your policy on arresting people or not or filing references against them? If there is a reference against someone, you have special powers."

He questioned NAB's move to arrest someone who "is cooperating and giving answers".

Justice Minallah also commented that the anti-corruption body's "power to arrest someone does not deprive the suspect of their constitutional right" and added that it is necessary to protect the individual's right to freedom and self-respect from being violated.

The NAB prosecutor informed the court that no suspect is arrested without informing them about the case.

The chief justice then remarked that the IO could also keep conditions similar to the 12 conditions that the house of lords had kept while granting bail to a man suspected of terrorism.

"NAB's purpose is to investigate and inquire. If a suspect is cooperating and answering questions, what reason is there for his arrest?" he questioned.

The prosecutor then remarked that Abbasi and Iqbal should be considered innocent until proven guilty.

The chief justice also observed that both the arrested leaders are representing people from their constituencies and have not become ineligible to represent the people.

"Arresting the leaders before they have been sentenced is depriving the people of their constituencies of representation".

NAB Additional Prosecutor General Jahanzeb Bharwana while responding to the court's question of the necessity of arresting Iqbal said that police officers have been given the power to arrest under Section 54 of the Code of Criminal Procedure and Section 5 of the NAB Ordinance provides the definition of a suspect.

The court remarked that if the IO has the ability to conduct an investigation, it removes the necessity for arrest and asked the anti-corruption body to satisfy the court that the IO has the ability to conduct the investigation after the arrest.

Advocate Tariq Jahangiri, representing Iqbal, argued that NAB "apparently arrests people as if kidnapping [them] for ransom".

"NAB arrests people, asks for Rs10m for a plea bargain and then releases [them]," he added.

The chief justice observed that plea bargains happen all over the world. "The accountability of NAB will happen when people have trust in the organisation.

"NAB is not the court, it can only conduct an investigation and prosecute by presenting the evidence to the court."

On a query from Iqbal's lawyer, the court questioned the prosecutor whether the body can arrest someone "merely on the basis of a complaint".

"Arrest can only happen when an inquiry is approved ... you cannot arrest someone unnecessarily ... it is wrongful use of power," the court observed.

The court ordered NAB to inform the court the reason behind arrests of both Abbasi and Iqbal.

The additional prosecutor general informed the court that there are four charges against Iqbal: wrongful use of powers in the Narowal Sports City case, starting the project without a feasibility study, issuing a grant from the federal government for a provincial project after the 18th Amendment without a formal request from the Punjab Sports Board (PSB) and extension of the project's timeline.

"There were fears of tampering records and escape in Ahsan Iqbal's case," he said.

The court observed that these reasons did not have any mention of "criminal intent and mala fide intentions" and they [NAB] could have put Iqbal's name on the Exit Control List.

It also questioned whether all the approvals for the project were given by Iqbal to which Bharwana replied that the PSB had given those approvals.

The court then remarked that the person who processed this is also responsible and directed the anti-corruption body to "prove the charges during the trial and get a punishment for 16 years' imprisonment."

It also observed that "investigation can be done outside [the jail]."

Earlier this month, the IHC had given a last chance to NAB for formally contesting the bail petitions filed by Abbasi and Iqbal.


----------



## ghazi52

*IHC throws out petition seeking to stop Aurat March*
Tahir Naseer | Malik Asad
March 06, 2020








Taking up the hearing, IHC Chief Justice Athar Minallah said that if anything against the law took place on March 8, legal action would be taken at the time, observing that the petitioners were seeking prior relief from the court. — Dawn/File Photo


The Islamabad High Court (IHC) on Friday dismissed a petition seeking to restrict the Aurat March as non-maintainable and not justiciable.

IHC Chief Justice Athar Minallah dismissed the petition saying the right of assembly is a fundamental right but he stated that the court expects that the participants of the march will exercise their rights in accordance with the law.

The court had earlier in the day reserved its verdict on the maintainability of the petition, while questioning the petitioners' interpretation of slogans they had objected to.

During today's proceedings, the petitioners' lawyers told the court that they sought restrictions on the Aurat March — scheduled to take place across the country on March 8 as the world marks Women's Day — and shared some slogans that women would chant at such an event, including "_mera jism, meri marzi_" (my body, my choice), "divorced and happy" and "no _bacha dani_ (uterus), no opinion".

The eight petitioners had earlier appealed to the court to regulate activities like the Aurat March "subject to law, norms, decency and public morality in the best interest of justice and to order the respondents to perform their obligatory duties towards the Constitution and the law of land in this regard and restrain unlawful, unconstitutional and un-Islamic activities forthwith".

The petitioners apprehended that slogans would be raised by some women's rights activists which they find offensive and in violation of Islamic injunctions. They feared that the slogans would disturb harmony in the society and offend the established norms.

The court, however, declared that "the prayer sought is not justiciable nor is the petition maintainable."

However, Justice Minallah wrote in the eight-page judgement that "this court expects that the proponents of the 'Aurat March' will exercise their constitutional rights in accordance with law having regard to conduct that is consistent with the norms of decency."

"In our society, various Islamic laws are being seriously violated. The court hopes that the petitioner also approaches it for the enforcement of all these Islamic laws," remarked Justice Minallah during the hearing today.

"The women's slogans are that they be given the rights that Islam grants them. Can we interpret their slogans by ourselves?" the judge questioned.

"It is important that you see the Aurat March in a positive light. On your own, how can you interpret these slogans?"

Justice Minallah said if anything against the law happened on March 8, legal action would be taken at the time, observing that the petitioners were seeking prior relief from the court.

"The first individuals to embrace Islam were women," the judge noted.

He said yesterday in a press conference, Aurat March organisers said they were asking for the rights granted to them in Islam.

"When they made themselves clear in their press conference then how can we have different interpretations?" Justice Minallah asked, adding that the press conference had been published all across the media today.

"Who ended the practice of burying girls alive?" the IHC chief justice inquired, in response to which the petitioners' lawyer said Prophet Muhammad (PBUH) had done so.

"In our society, the birth of a girl is still not considered good," he added.

The judge also questioned the petitioners' counsel on how many women in the country were given the right to an inheritance, alluding to the difficulties they face despite clear Islamic laws in place.

During today's proceedings, the petitioners' lawyers told the court that they completely supported women's rights, adding that they were not opposed to the march or to the rights of women.

They pleaded for the court to pass an order that the march is conducted within the ambit of the law, Constitution and Islam.

Following the statements of the parties in the case today, the IHC reserved its verdict before announcing its dismissal.

Earlier this week, the Lahore High Court had also wrapped up a petition against the holding of Aurat March, reiterating its earlier remarks that the gathering could not be stopped under the Constitution and directing the Lahore district authorities to speed up their decision on an application seeking permission to hold the march.


*What is the Aurat March?*

The 'Aurat March', as it has come to be known since its first iteration in 2018, was organised by Hum Aurtain — a feminist collective. It has a manifesto demanding basic rights for women in each field of life.

For the past two years, it has been organised to coincide with the International Women's Day on March 8, which is also the scheduled date for the rally this year.

Last year, the holding of the rally led to a backlash against the organisers and participants for “violating Islamic principles” and “disrespecting women”. Most critics had issues with the placards and banners used during the march, which they said transgressed Pakistan's cultural values. There were also reports of the organisers of the march receiving threats on social media.


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## ghazi52

*IHC to hear plea against closure of Geo News, relegation of channel*

ISLAMABAD: A petition, submitted in the Islamabad High Court on Monday against the closure of _Geo News_ on cable and the relegation of the channel to lower numbers, has been accepted for a hearing on March 17.

Chief Justice Islamabad High Court Justice Athar Minallah will preside over the hearing tomorrow.

The petition had been submitted through Barrister Jahangir Jadoon by Raja Ahsan Mahmood Satti.

The petition has nominated the cabinet secretary as a party to the case, as well as the IT minister and the prime minister's special assistant on information.

The plea also nominates Chairman NAB Javed Iqbal and Pakistan Eletronic Media Regulatory Authority (PEMRA) Chairman Saleem Baig.

Through the petition, it has been argued that the court should declare the act of controlling media 'illegal' and that Geo News should be returned to the channel placement it was on before the arrest of the Jang Geo Group Editor-in-Chief, Mir Shakil-ur-Rahman.

The petitioner has argued that the closure of Geo News is a bid to silence the media and control it, which is against the Constitution.

Those named/made party to the petition should be stopped from harassing the media houses, the petition pleads.

On March 13, cable operators throughout Pakistan started receiving orders to immediately shut down Geo TV's broadcast or relegate the channel to the last numbers.

The instructions were issued right after SAPM Dr Firdous Ashiq Awan concluded her press conference pertaining to the arrest of Jang Geo Group Editor-in-Chief Mir Shakil-ur-Rahman.

It was reported that the closure came following directives from PEMRA, but the PEMRA chairman himself denied he had issued any orders to that effect.

*Jang Geo Group Editor-in-Chief arrested by NAB in fake case*
NAB had on Thursday arrested the editor-in-chief of the Jang Geo Media Group in connection with property allegedly bought illegally from a government entity more than 34 years ago.

The property was, in fact, bought from a private party and all evidence of this was given to NAB and legal requirements fulfilled, such as duty and taxes.

According to the Group's spokesperson, the editor-in-chief's appearance before NAB was in relation to a call-up notice for the verification of the complaint, yet an arrest was made.

The Islamabad High Court's recent judgment against NAB's violation of the country’s law and a violation of NAB's own rules has been committed, the Group's spokesperson said.


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## ghazi52

*829 prisoners involved in minor crimes set free on SHC order*

Ishaq Tanoli | Tahir Siddiqui

March 27, 2020






The men were released keeping the coronavirus pandemic in mind. — AFP/File

KARACHI: On a Sindh High Court order, the district courts have released 829 prisoners involved in minor crimes from the detention facilities across Sindh over the last few days amid the provincial government’s decision to categorise all prisoners.

According to a statement issued by the SHC registrar on Thursday, considering the spread of the coronavirus (Covid-19), on the direction of SHC Chief Justice Ahmed Ali M. Shaikh, 829 undertrial prisoners (UTPs) have been released from the prisons of the province by the district courts in the cases of lesser punishment.

The officials at the subordinate judiciary said that as per the instructions of the chief justice, the judicial magistrates visited the detention facilities and heard the applications of prisoners pertaining to guilty plea in minor cases, bail applications and reduction in sureties and issued their release orders by sentencing them for a period they have already undergone, granted bails and reduced the amount of sureties.

The SHC had already directed the provincial authorities for complete screening of inmates confined to all the detention facilities of the province in view of the coronavirus outbreak and to stop unnecessary entry of people on the jail premises.

CM releases Rs580m to provide rations to daily-wage earners

The SHC has also delisted all the cases except bail matters from March 24 till further orders to prevent the rapidly spreading Covid-19 while the civil work at the subordinate judiciary of the province has also been suspended since March 24 apart from urgent matters and bail applications.


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## ghazi52

*IHC orders release of under-trial prisoners*







IHC Chief Minister Athar Minallah directs Islamabad police not to make arrest in petty matters. 
ISLAMABAD: Amid an imminent threat of spread of coronavirus, the Islamabad High Court (IHC) on Friday ordered the release of under-trial prisoners (UTPs) detained in Rawalpindi’s overcrowded Adiala jail in minor crimes and directed the Islamabad police not to make arrest in petty matters.

IHC Chief Justice Athar Minallah issued the directives while taking up a petition based on a report of the high court’s judicial branch on Islamabad-based UTPs.

According to the report, the authorised occupancy of the Central Prison Adiala, Rawalpindi, is 2,174 while the number of its present inmates is 5,001. The number of under-trial prisoners whose cases are pending before courts under the jurisdiction of this high court is 1,362. Most of the incarcerated UTPs are alleged to have committed offences which fall within the ambit of non-prohibitory clause.

Subsequently, the court summoned the Islamabad deputy commissioner, officials of the health ministry and Islamabad police. They stated that pursuant to declaration of “Public Emergency of International Concern” by the World Health Organisation regarding challenges posed by the deadly coronavirus outbreak, the Pakistan government had formulated a comprehensive national action plan.

Islamabad Deputy Commissioner Hamza Shafqaat was asked about the policy relating to persons incarcerated in jails, particularly those whose cases are pending before courts under the jurisdiction of the Islamabad High Court. He said the policy was to reduce the number of inmates and regulate visitation of those prisoners who could not be released.

Directs Islamabad police not to make arrest in petty matters

The court observed that the prisoners were vulnerable and exposed to suffer irreparably in case of an outbreak. Prisons, which were overcrowded, had high turnover and intolerable living conditions, could potentially become epicenters for outbreak of the deadly virus, it said. The federal government has, therefore, justifiably adopted the policy of reducing the population of prisons in order to meet the challenges posed by the invisible enemy — coronavirus.

The court ordered the release of “under-trial prisoners alleged to have committed offences falling within the ambit of the non-prohibitory clause are admitted to bail, subject to furnishing such surety or security as may be deemed appropriate by an officer authorised in this regard by the Deputy Commissioner, Islamabad Capital Territory”. The deputy commissioner would, in consultation with in-charge of the police station concerned, ensure that the release on bail would not pose threat to public safety, the order said.

Justice Minallah clarified that those UTPs who were earlier refused bail might also get benefit of this order.

The court also set guidelines which stated that before the release of prisoners proper screening would be conducted by the officials nominated by the Ministry of National Health Services. The court ordered the release of entitled UTPs by March 24.

“The Inspector General of Police and the Deputy Commissioner, Islamabad Capital Territory, shall ensure that unnecessary arrests are not made by the Investigating Officers having regard to the law laid down by the august Supreme Court,” the court order said.

The court sought a reply from the federal government on the screening of passengers.

CAA directives challenged

A petition filed in the IHC against the CAA directives pointed out that the report of coronavirus test was issued in 24 hours and the directives issued in this regard had created problems for those Pakistanis who were travelling to the country from other parts of the world.

The Civil Aviation Authority had on March 17 made it mandatory for international passengers coming to Pakistan to provide coronavirus test results prior to boarding their flights.

The petition said the notification issued by the CAA was unreasonable and against the spirit of Article 15 of the Constitution that ensured freedom of movement.

IHC Chief Justice Athar Minallah, after a preliminary hearing, directed the federal government to place this matter in the upcoming meeting of the National Security Committee. The court also directed the secretary of Ministry of Overseas Pakistanis to depute an authorised person for the court’s assistance.

The court sought justification for issuance of the said order and adjourned the hearing to March 23.

_Published in Dawn, March 21st, 2020_


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## ghazi52

*IHC approves Shahid Khaqan's bail in MD PSO case*







https://nation.com.pk/NewsSource/web-desk
March 30, 2020

Islamabad High Court (IHC) has granted bail to former prime minister Shahid Khaqan Abbasi and former secretary petroleum Arshad Mirza in alleged illegal appointment of MD PSO case.

According to details, bail plea was heard by two member bench of IHC headed by Chief Justice IHC. Barrister Zafarullah, who represented both suspects, informed the court that both accused are in Islamabad and his clients did not received any summon issued by NAB.

Court accepted the bail plea of both plaintiffs for four weeks and directed them to appear before accountability court in Karachi.


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## ghazi52

*SHC proposes way to expeditious hearing of appeals*

April 4, 2020




Sindh High Court : PHOTO: EXPRESS

ISLAMABAD: The Sindh High Court (SHC) has raised serious questions regarding the justice system of the country, while giving its ruling on the appeals of the convicts in the murder case of American journalist Daniel Pearl.

The judgment, delivered on Thursday, described appeal as “continuation of trial” and proposed that the high courts needed to put in place a system for expediting the hearing and deciding old appeals to ensure that Article 10-A of the Constitution is complied with.

An SHC division bench, comprising Justice KK Agha and Justice Zulfiqar Sangi, on Thursday acquitted four men, including Ahmed Omar Saeed Sheikh, who was sentenced to death by an anti-terrorism court in 2002 for masterminding Pearl’s murder. The other three were awarded life sentence.

“An appeal is continuation of trial and in our view under Article 10 (A) of the Constitution which envisages an expeditious trial it also envisages an expeditious hearing and decision of an appeal if one is filed,” said the 40-page judgment authored by Justice KK Agha.

“In our view to keep appeal pending for years… regardless who is at fault is tantamount [to] violation of Article 10-A of constitution and ultimately it is for the judges before whom such cases are fixed to use their judicial authority to ensure that such appeals are decided expeditiously,” the judgment added.

It proposed that the high courts needed to put in place a system to expedite the hearing and decide old appeals to ensure that Article 10-A is complied with. It also proposed that a 5-year-old appeal could be put in yellow file. Likewise, between 5- to 10-year in blue file and over 10-year be put in green file.

The court also noted that if a person is released after spending sentence before the decision of his appeal would amount to fraud on both appellant and the criminal justice system.

“If a convict is acquitted after serving 18 year of imprisonment in jail then he cannot make up for the loss of such precious time and is not compensated for it. In such case, if a man had a young child say 3 year old at the time of sentencing, he would have completely missed that child growing up who would be almost an alien to him at the time of his release,” the ruling said.

“Even if convict’s conviction is upheld by a high court he can at least, if he chooses to expeditiously move on to the next level of the appellant process which is his right and from where he may still get relief.”

The court noted that the right of appeal is meaningful in criminal cases only if it is decided expeditiously which is also an obligation of the state to its convicted citizens to ensure that no person is deprived of his liberty for no longer and the same right is guaranteed in the Constitution.

It said that Daniel Pearl case was extremely high profile wherein not only the country’s high-ups wanted fast result – safe recovery of Pearl and if not then book those responsible for his abduction but also “one of our closest allies who sent their investigation and experts” to assist the Pakistani police.

“In this background, we are in no doubt that Pakistani police was under huge pressure to ‘get results’ either in terms of safe return of Pearl or arrest of those responsible for his disappearance. Under these circumstances, it would not be completely surprising if the police resorted to rough tactics in order to extract confessions. This is not new phenomenon only in developing societies but also in developed societies unless stringent laws are made to prevent such practices and are also implemented,” the judgment said.


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## ghazi52

*Fazaia Housing Scheme probe: Suspects say ready to pay back looted money*









The suspects in the Fazaia Housing Scheme fraud case submitted a petition to the Sindh High court on Saturday, contending that they are ready to return the amount back to the allottees.

The Sindh High Court (SHC) has ordered freezing the bank accounts of Fazaia Housing Scheme till further orders after the National Accountability Bureau began a new probe into the alleged fraud.

Suspects Chaudhry Tanvir and Bilal Tanvir were earlier arrested in relation to the probe. After the submission of their petition, the SHC sought an answer from NAB in the inquiry of the housing scheme.

The court said that it wanted to know about NAB’s response regarding the return of the money, as claimed by the suspects, to the affected people.

SHC had ordered the freezing of the bank accounts after the allottees submitted a petition against the builders.

The petitioners said that they were allottees of the housing scheme and they were not being given possession of the land despite the payment of installments worth millions of rupees.

The counsel for the plaintiffs produced details of the booking and installment of challans.

*NAB probe*
NAB had earlier said that their inquiry revealed that the FHS had been illegally launched by the Pakistan Air Force (PAF) in partnership with Maxim Properties in 2015 on an illegally consolidated or adjusted land in Deh Allah Phihai located in District Malir’s Taluka Shah Mureed.

The NAB prosecutor said that in accordance with an agreement with the PAF, the construction company sold various units of the scheme to the public and collected billions of rupees in the name of booking, allotment, and development of housing units of the said scheme.

However, added the prosecutor, since 2015 the management of the FHS has neither handed over the plots to the allottees nor carried out any significant development work, so the public stand cheated out of their money.

Tanvir Ahmed and his son Bilal Tanvir were also signatories to the agreement with PAF officials regarding the launching of the FHS and involved in the sale of its units to the public, said the prosecutor, claiming that the petitioners along with the co-accused had collected Rs18 billion from 6,000 people affected by the fraudulent scheme.


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## ghazi52

April 13, 2020
*IHC dismisses petition challenging 20% reduction in private schools' fees*








The Islamabad High Court on Monday dismissed a plea filed against the 20% reduction in private schools fees and referred the matter back to the Private Educational Institutions Regulatory Authority (PIERA).

During these pressing times, private schools should themselves reduce their fee. There won't be an issue if schools don't profit for two months, said IHC's Justice Amir Farooq during the hearing of the case.

The petitioner's lawyer said that the PIERA had issued a notification on April 8, directing private schools to slash the fees for April and May by 20%, without taking stakeholders into confidence.

PIERA's notification should be declared null and void, he argued.

The IHC judge said that if a review was made on the petition then the schools will have to either reduce fee by 50% or 15%.

These are uncertain times [...] Did you approach the government before coming to the court, he added.

Earlier in the week, parents in Islamabad complained against the callous approach of private school administrations demanding 2-3 months’ advance fee even in the lockdown situation, saying “PEIRA has become ineffective and now we are expecting intervention of the country’s chief executive.”

“Since the government is compensating every sector and section of the country in the pandemic period, the parents are also no exception to this suffering demanding waiver of March, April, and May fees and barring the schools to seek advance payment,” reads an appeal to Prime Minister Imran Khan circulated by a parents association on the social media.

Punjab and Sindh governments have also directed private schools to reduce their fee by 20% in the wake of the pandemic and ordered them to pay the salaries of their employees as well.


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## ghazi52

*LHC asks accountability court to conclude Ashiana trial within four months*

April 18, 2020

 







Bench rejects bail pleas of Ahad Cheema, another accused. — Dawn/File


LAHORE: The Lahore High Court has ordered an accountability court to conclude within four months trial of Punjab Ashiana-i-Iqbal Housing Scheme reference involving Leader of Opposition in National Assembly Shahbaz Sharif, Lahore Development Authority (LDA) formerdirector general Ahad Khan Cheema and others.

A detailed order by a two-judge bench passed on bail petitions of two suspects — Cheema and Shahid Shafiq — holds that material available on record connects the petitioners with commission of the alleged offence, therefore, they do not deserve to be enlarged on bail.

The NAB alleged that the Punjab Land Development Company signed a contract in 2015 but failed to complete the low-cost housing project despite the lapse of three years. It said Cheema being head of the LDA awarded Rs14 billion contract to a joint venture led by the Lahore Casa Company in violation of rules. It said according to laws a contract above Rs150 million could not be given to any company without bidding.

The bureau also alleged that Bismillah Engineering of Shahid Shafiq was a proxy firm working on behalf of the Paragon City Developers (Pvt) Ltd. It accused Cheema of receiving illegal gratification in the form of 32 kanal from the owners of Paragon developers.

Bench rejects bail pleas of Ahad Cheema, another accused

In this case, the LHC had on Feb 14, 2019 granted post-arrest bail to Shahbaz Sharif and former principal secretary to prime minister Fawad Hassan Fawad.

The bench comprising Justice Sardar Ahmad Naeem and Justice Farooq Haider, through a short order on April 13, had denied post-arrest bail to Cheem and Shafiq in the Ashiana reference.

The bench in its detailed 16-page order observes that the case is one of the white collar crimes which are usually committed in planned manner by well-organised persons and they work through underhand mechanism.

“In such cases, the standard of evidence normally available in ordinary circumstances cannot be expected. They are totally different in nature from common crimes that take place in the society,” it rules.

The order states that in suchlike cases, documents are generated prior to or during the commission of that offence which is essential and normally make up the major part of evidence.

It remarks that Cheema, at the relevant time, was a public servant, therefore both petitioners played definite roles.

“The record suggested that they (Cheema and Shafiq) facilitated each other to obtain pecuniary advantage within the meaning of section 9 of National Accountability Ordinance, 1999,” maintains the bench adding that the white collar crimes of such nature affect whole society even though they may not have any immediate victim.

The order says it is imperative for a suspect to show that he has no nexus with crime even if material collected by prosecution is tentatively taken as correct.

“On the other hand, the available record suggests that petitioner Ahad Cheema was key player and as the documentation was his domain so he managed the award of contract to his co-accused i.e. the petitioner Muhammad Shafiq,” adds the order.

The bench also rejects argument of severe hardship taken by the defence for the grant of bail saying the record shows that hearing the trial has often been adjourned on the request of the petitioners and delay could not be attributed to the prosecution alone.

Cheema’s counsel had argued that the petitioner was arrested Feb 21, 2018 and the trial commenced after one year on Feb 18, 2019. He said nine witnesses had been examined so far by the trial court.

The bench rules that the petitioners have been specifically named and assigned specific role as perpetrators of the crime. The statement of the prosecution witnesses recorded during the investigation can validly be taken into consideration at this stage.

“There is sufficient material to believe that the petitioners are linked with the offences and one of the charge is causing huge loss to public exchequer, therefore, it was not an ordinary offence,” it further holds.

Dismissing the bail petitions for being meritless, the bench directed the trial court to conclude the trial within four months.

_Published in Dawn, April 18th, 2020_


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## ghazi52

*SHC directs public, private hospitals to immediately reopen emergency wards, OPDs*







KARACHI: The Sindh High Court on Wednesday directed all public and private hospitals across the province to reopen emergency wards and outpatient departments (OPDs) immediately.

The high court was hearing a petition against the non-provision of treatment to general patients at public and private hospitals in light of the coronavirus outbreak.

Angered at hospitals' administrations, the SHC said that action will be taken against those health facilities where patients are not provided treatment.

"We should know how patients are being treated at emergency wards and OPDs [in hospitals]," said Justice Mohammad Ali Mazhar. "Is it necessary to take coronavirus tests of patients who are suffering from other diseases?"

Justice Mazhar said that the poor sought treatment at public hospitals. He wondered how things would function if hospitals' administrations did not correct their ways.

The petitioner's lawyer cited the example of a police officer who died from the coronavirus as he could not get treated. He said that OPDs were functioning as per routine in private hospitals.

"If the poor are not treated at government hospitals than this is unacceptable," said Justice Mazhar.

The lawyer informed the court that patients who came to hospitals for treatment of other illnesses were asked to have themselves tested for coronavirus.

"Patients suffering from heart attacks are dying due to delays in the coronavirus [test] reports," said the lawyer.

The high court directed all parties to the case to submit a report by May 19.

The SHC had issued notices to the national health services, provincial health secretary, three major government hospitals and five private hospitals to appear before the court over the matter.

The Sindh government had ordered OPDs of major hospitals across the province to remain closed in March after the coronavirus cases in the country had increased to a little over 200.

A petition had been filed at the SHC by two lawyers who said that first aid or any other kind of treatment to general patients was not being offered due to the COVID-19 pandemic.

Asim Iqbal and Nadeem Shaikh, the petitioners, said that instead of patients being provided medical treatment for various diseases and accidents, they were asked to provide coronavirus test results.


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## ghazi52

SHC, Karachi, 1952


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## ghazi52

*SHC dismisses petition against appointments of four ECP members*








A petition seeking quo warranto against four former members of the Election Commission of Pakistan (ECP), including three retired judges of high courts, who have recently concluded their terms as the body’s members, has been dismissed by the Sindh High Court (SHC) as not maintainable. Quo warranto is defined as a writ or a legal action that requires a person to show that by what warrant they hold, claim or exercise an office or franchise. The Aam Log Ittehad, a new political party headed by former Supreme Court judge Justice (retd)Wajihuddin Ahmed, sought quo warranto against Justice (retd) Shakeel Ahmed Baloch, Justice (retd) Irshad Qaiser, Justice (retd) Altaf Ibrahim Qureshi and former bureaucrat Abdul Ghaffar.



The party’s petition said that their appointments were made in violation of Article 207 of the constitution that barred the appointment of any retired judge of the SC or high courts from holding any office of profit in service of Pakistan, which included the ECP, two years after their retirement. The petitioner said that former judges of the Balochistan, Peshawar and Lahore high courts had taken their oath as members of the ECP prior to the completion of their prohibitory term of two years, while the former bureaucrat had been placed on the exit control list for his involvement in a Rs2 billion corruption scam. The party said the ECP members had been appointed in contravention of the law by the outgoing Pakistan Muslim League-Nawaz government with the support of the Pakistan Peoples Party, which was the largest opposition party in parliament.



The ECP and the other respondents said that the instant petition was misconceived, as the appointment of the ECP members was made by Pakistan’s president under Article 218(2)(a)(b) of the constitution, while the provisions of Article 207(2) were not attracted in the instant case. They explained that the procedure for the appointment of the chief election commissioner and the members of the ECP had been provided under Article 213, read with Article 218, and not under Article 207 of the constitution. They questioned the maintainability of the petition on the grounds that the instant petition had been filed with mala fide intention as a counter blast to the decision rendered by the ECP members against the petitioners, whereby the petitioners were had been disqualified from contesting the elections. Besides, they argued, the petition was also hit by laches (lack of activity in making legal claims), as it had been filed after an inordinate unexplained delay of more than two years after the date of the ECP members’ appointments.



They said that members of the ECP could only be removed by the Supreme Judicial Council in terms of Article 209 of the constitution, so quo warranto against the respondents was not maintainable and was, hence, liable to be dismissed. After hearing the arguments of the case, the SHC’s division bench headed by Justice Aqeel Ahmed Abbasi said that the office of the ECP was a quasi-judicial office, so the bar of expiration of two years in terms of Article 207(2) of the constitution would not be attracted in the case of appointment of retired judges of the SC and the high courts. The court said that quo warranto could not be issued against the retired judges on the grounds that their appointments had been made before the expiration of two years from the date they had ceased to hold office as judges of high courts, and the writ against them was misconceived and not maintainable.



Regarding quo warranto against the retired bureaucrat, the court said that neither any substantial constitutional or legal grounds had been agitated nor any sufficient material or evidence had been produced in support of the allegations of corruption against him. The court, therefore, had not inclined to conduct any inquiry or to make an investigation into the allegations levelled against the former bureaucrat while exercising the constitutional jurisdiction under Article 199(i)(b)(ii) of the constitution in the instant case, as the writ against him was not maintainable. The court, however, said the petitioners had locus standi (the right to be heard) to file the instant constitutional petition in the nature of quo warranto under Article 199(i)(b)(ii) of the constitution. The court explained that any person, who may not be an aggrieved party, can invoke the constitutional jurisdiction of a high court for the issuance of quo warranto so that a high court may examine the validity of an appointment to a public office on constitutional and legal grounds


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## ghazi52

*IHC dismisses plea to reopen private schools during pandemic*







ISLAMABAD: The Islamabad High Court on Monday turned down the plea to reopen private schools, saying that it was not the job of the courts to intervene in matters of the executive.

The IHC, under Chief Justice Athar Minullah, was hearing a petition related to the reopening of schools. The applicant’s lawyer, in his arguments, said that people's jobs related to private schools were in jeopardy due to schools being closed.

Lamenting about the government's decision to order the closure of schools, the petitioner's lawyer argued that the policy was violating the basic rights of the public. At this, the IHC judge remarked that the coronavirus is a challenge for the entire country.

“Why do you want schools to reopen? This is the work of the executive, not of the courts, the court cannot interfere in the work of the executive,” remarked the CJ IHC Minallah.

The judge said that is the job of the government to deal with the coronavirus. “We have opened courts keeping in view the government's policy,” he said, adding that currently, the number one priority was to save people's lives.

The judge remarked that even developed countries have not reopened schools. The lawyer responded by saying that the government did not do anything for the private school teachers, to which the chief justice said that they can lodge a complaint with the relevant government authority.

The court later dismissed the petition upon the applicant’s decision to withdraw it.

The federal government has shut down schools across the country since May 7 to curb the spread of the disease.


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## ghazi52

*Two-member LHC bench hearing NAB cases reconstituted*








LAHORE: A Lahore High Court (LHC) bench hearing National Accountability Bureau (NAB) cases has been changed.

On Monday, June 22, 2020, a new bench comprising Justice Syed Shahbaz Ali Rizvi and Justice Syed Sardar Ahmad Naeem will start hearing NAB cases.

The bench will also hear cases registered under the criminal law and the anti-terrorism act. From June 22, summer vacation would start at the Lahore High Court.

LHC Chief Justice Qasim Khan has issued judges roster for the first week of the summer vacation, under which six division and 19 single benches would work at the Lahore High Court principal seat.

On June 15, a two-member LHC bench, led by Justice Ms Aaliya Neelum, was constituted to hear NAB cases. On June 17, the bench heard NAB cases of opposition leader Shahbaz Sharif, Pakistan Muslim League-N MNA Birjees Tahir and Jang-Geo Editor-in-Chief Mir Shakil-ur-Rahman bail petition and adjourned the cases till next hearing.


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## ghazi52

*High court asks 21 employees to return BISP grant*

Jul 08 2020

 





The list of the employees was shared with the high court by Khyber Pakhtunkhwa, establishment and administration department on February 14, 2020. — PPI/File


PESHAWAR: Peshawar High Court has taken disciplinary action against 21 of its employees, who have illegally drawn benefits from Benazir Income Support Programme (BISP) and ordered them to deposit collectively Rs2.668 million.

According to a press release issued here, after inquiry the competent authority (chief justice) ordered recovery of the said amount from the 21 employees, who either themselves or through their spouses were receiving BISP cash grants.

The authority ordered them to deposit the said amount in state exchequer and also ordered withholding their increments for three years.

The list of the employees was shared with the high court by Khyber Pakhtunkhwa, establishment and administration department on February 14, 2020.

Meanwhile, another official, Noushad Khan, who was serving as bailiff, was dismissed from service after completion of multiple inquiries against him.

It is stated that the charges of misconduct were proved against him. He was made liable for major penalty of dismissal from service under rule 4 (1) (b) (iv) of the Government of Khyber Pakhtunkhwa, Civil Servant (Efficiency & Discipline) Rules, 2011.

_Published in Dawn, July 8th, 2020_

......................


Apr 23 2020
 
PESHAWAR: The Peshawar High Court has issued show cause notices to its 22 employees seeking their explanation for illegally drawing the Benazir Income Support Programme financial assistance.

The federal government had identified a total of 221 employees of the high court and its circuit benches, and district, anti-terrorism and labour courts in Khyber Pakhtunkhwa.

Of them, 22 belong to the high court.

According to a news release issued here, the high court also directed the district and sessions judges of the province to take disciplinary action against the employees of their respective establishments over the anomaly.

The government had earlier deleted the names of more than 800,000 ineligible beneficiaries from BISP lists. The government had claimed that the names were removed after thorough inquiry.

Of them, 14,730 were government employees and 127,826 wives of government employees.


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## ghazi52

*IHC directs CDA to seal Navy sailing club*

The Frontier Post

July 23, 2020


Abdullah Momand

ISLAMABAD: The Islam-abad High Court (IHC) on Thursday ordered the federal capital top civic agency the Capital Development Authority (CDA) to seal Navy Sailing Club on the Rawal Lake immediately as the building totally lacks legal cover.

While expressing extreme displeasure over the construction of the club, the Chief Justice Athar Minallah directed Secretary Interior to seal the club through the Capital Deve-lopment Authority (CDA).

The CJ also summoned affidavits from the CDA chairman Amir Ali Ahmed and board members.

In the remarks, Justice Minallah questioned “under which law, Pakistan Navy operates a commercial project.” The court ordered that it be satisfied on the matter at the next hearing. If the club is not sealed by the hearing next week, the cabinet secretary has to appear before court. The CJ also ordered the matter to be presented before the federal cabinet.

These aren’t the tribal areas, this is the country’s capital, he said adding we appreciate your many sacrifices and respect you, he told the navy representative. This is especially because of your martyrs, he recalled. The court remarked that no one is above the law. Neither this court nor anyone else.”

The judge called the CDA’s reply alarming and they have been unable to assert their authority. A board member of the CDA informed the court that there was no allotment letter for the land on which the club is built.

It should be noted here that Pakistan Navy on protected land of Zone 3, illegally established their sailing club having no approval from the civic agency which was later challenged in Islamabad High Court.

When asked what the CDA had done, he said it had issued notices. “What do you mean you issued notices?” asked Justice Athar Minallah.” Go knock down illegal buildings.”

The additional attorney-general told the court he wanted to assist it, but Justice Minallah told him he couldn’t. Go seal the building instead, he said.

The board member told the court that the prime minister gave permission for construction along the Rawal Lake. Answer what I am asking you, the chief justice said. He questioned the CDA’s attitude towards the poor and asked why they had a different attitude now. Tell us whether the sailing club is illegal or legal, he asked.

The member called it an “unapproved building”. “What does that mean? That means it’s illegal,” said Justice Minallah. He reminded everyone that the law will be followed as no one is above it.

When the Pakistan Navy representative asked for time to submit a reply Justice Minallah asked what he wanted time for. “No one is above the law, including this court,” he said. “We respect you, appreciate your sacrifices and honour your martyrs but if you will move beyond laws isn’t right and you will be made accountable adding that “Why are you defending something that is indefensible? court remarked.

He asked why the court shouldn’t initiate negligence proceedings against the CDA chairman and board members. The court later adjourned the case for a week.


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## ghazi52

*PHC moved for special courts on offences against religion*

27 Aug 2020

0





Petitioner says law and order situation occurs when concern of public was not addressed in time. 


PESHAWAR: A lawyer has moved the Peshawar High Court seeking orders for the federal and Khyber Pakhtunkhwa governments to form special courts to deal with offences against religion like anti-terrorism courts, child protection courts and anti-corruption courts.

In the petition, Shabbir Hussain Gigyani also requested the court to order legislation or formulation of rules to introduce special procedures to handle such crimes covered by the Pakistan Penal Code Chapter XV. He sought orders for both governments to enforce rules through specialised agencies like Counter Terrorism Department, Federal Investigation Agency and Crimes Branch.

The lawyer prayed the court to order special arrangements for the safety and security of the proposed special courts, judicial officers, prosecutors, lawyers, complainants, accused, witnesses, and court staff.
The respondents in the petition are the prime minister and president, National Assembly through its speaker, Senate through its chairman, federal law secretary, chief minister and Khyber Pakhtunkhwa governor, KP Assembly through its speaker, provincial chief secretary, provincial law secretary and advocate general.
The petitioner said offences against religion were being dealt under Chapter XV of PPC and that they’re of highly sensitive nature as sentiments and religious beliefs of people were either attached or at stake.

He, however, said the mode of investigation and other procedural formalities were traditional, which certainly did not address the matter urgently, efficiently and transparently leading to delayed dispensation of justice, unfair trials, and insecurity to judicial officers, prosecutors, lawyers and witnesses.

The petitioner contends that it was need of the hour that the respondents make suitable and special arrangements and amendments to investigation process and penal and procedural laws by introducing special investigation team, special law and special courts for dealing with offences against religion.

An expert on criminal law, he said though laws were available to deal with offences related to religion, those matters were very sensitive for being attached to the feelings of both Muslims and non-Muslims and therefore, they needed to be dealt with extra caution and expertise.

He said when concern of public at large were not addressed in time due to delayed and faulty trial, public unrest, disharmony and law and order situations occurred.

The petitioner said according to a 2014 report of the National Commission for Justice and Peace, 633 Muslims, 494 Ahmadis, 187 Christians and 21 Hindus had been accused of blasphemy under various provisions of the law since 1987 and of those cases, very few had been decided.

He said both parties in such cases were vulnerable to extrajudicial actions as those matters were dealt in routine proceedings without special security and investigation and trial arrangements.

_Published in Dawn, August 27th, 2020_


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## ghazi52

*IHC seeks record of PM aide’s appointment as PTDC chairman*





https://nation.com.pk/NewsSource/inp
*INP*
September 08, 2020

The Islamabad High Court (IHC) on Tuesday sought the complete record of the appointment of Special Assistant to PM (SAPM) on Overseas Pakistanis Zulfi Bukhari as the Pakistan Tourism Development Corporation (PTDC) Chairman.
Justice Aamir Farooq of the IHC was hearing a petition challenging the SAPM’s appointment as the PTDC chairman.
Advocate Hafiz Arafat stated before the court that Prime Minister Imran Khan appointed his aide the Pakistan Tourism Development Corporation chairman. Bukhari held the position previously on a temporary basis but was later appointed on a permanent basis, he added.
A notification regarding his appointment was also issued with the government initially stating that it was the cabinet’s decision to appoint the SAPM the chairman of the PTDC but later, it was said that the prime minister made the decision.
Justice Farooq questioned whether legal requirements for the appointment of the PTDC chairman were fulfilled or not.
He directed the government to submit the complete record of the appointment within ten days’ time.
The hearing was adjourned until September 29.


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## ghazi52

*IHC asks govt to explain delay in CAA DG's appointment*






https://nation.com.pk/NewsSource/web-desk

*Web Desk*
September 08, 2020


The Islamabad High Court (IHC) on Tuesday directed the Attorney General to appear in person to explain the government's position as to delay in appointment of the Civil Aviation Authority (CAA) director general.
The IHC Chief Justice, Athar Minallah, who was hearing a writ petition moved by a pilot challenging revocation of his licence, took strong exception to the post of the CAA DG lying vacant for the past two years.
He observed the CAA director general's post is an important one but its charge has been given to the authority's secretary.


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## ghazi52

*LHC grants unconditional pardon to Punjab chief secretary in contempt case*

Showcause notice issued to chief secretary earlier also withdrawn


September 08, 2020






LHC. PHOTO: EXPRESS

*LAHORE: *The Lahore High Court (LHC) granted on Tuesday an unconditional pardon to the Punjab chief secretary in a contempt of court case.
LHC Chief Justice Qasim Khan heard the case against the Punjab government for granting judicial powers to the commissioners and deputy commissioners of the province.
Provincial Chief Secretary Jawad Rafique Malik and Home Additional Chief Secretary Momin Agha appeared before the court.
During the proceedings, the chief secretary requested for an unconditional pardon, that the court granted, withdrawing the show cause notice issued to him earlier.
“After my suspending the notification people were punished under price control,” the chief justice remarked. “Whatever the previous chief secretary used to write became law, but after the Mustafa Impex case the approval of the cabinet has become mandatory. How can it be that the bureaucracy does not know the law?”
In July, the LHC sought a reply from the Punjab government after suspending a notification under which the divisional commissioners and deputy commissioners were granted powers of the special magistrate.
Petitioner Abdullah Tanveer had challenged the government’s notification issued on June 17.
While hearing the petition, the chief justice questioned the performance of the Punjab government. He grilled the government over delegating magisterial powers to the officials. The government should avoid disturbing the system, the CJ remarked.
He said it appeared that the government had a keen interest in judicial powers and the court would issue contempt notices to those who had issued the notification.
The Punjab government had made a mockery of the system, the CJ observed.
The petitioner’s counsel Barrister Momin Malik argued that the government had conferred magisterial powers on the officials for carrying out raids, conducting trials and other ancillary matters relating to price control, hoarding prevention, forests, mines and minerals, food adulteration and safety, encroachment on public and government land, canals and drainage, dangerous driving and violation of route permits, safety and design of buildings, land use and municipal services under any provincial and federal law in vogue.
He contended that the notification was a violation of Article 2(A) and sub-section 3 of Article 175 of the constitution. He implored the court that sections 14 and 37 of the CrPC were also violated as the government did not request recommendations from the LHC before issuing it.
Barrister Malik argued that the executive could not exercise judicial powers.
The petitioner prayed to the court to suspend the operation of the notification till a decision on the petition. He called for declaring the notification and the Code of Criminal Procedure (Punjab Amendment) Act 2020 unlawful and void.


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## ghazi52

*LHC disposes off 28,000, district courts over two lac cases during last five months*


The Frontier Post
September 18, 2020


MULTAN (APP): Lahore High Court Chief Justice, Justice Qasim Khan Friday said despite COVID-19 and shortage of lawyers, the LHC disposed off 28,000 cases while the district courts decided over two lac cases at district courts across Punjab during last five months.

He said that only urgent cases were being heard due to global pandemic, deficiency of judges, lawyers and staff during this period.

Chief Justice of LHC Justice Qasim Khan expressed these views while addressing the district bar association here.

He said that it was need of the hour to speed-up the pace of work and sought judges and lawyers’ cooperation in this regard, adding that we are here to resolve complainant’s problems.

He urged the lawyers to appear before the courts regularly for settling down the cases.

Qasim Khan said the provincial government has announced allotment of 20 kanals piece of land in police line besides six kanals adjacent to katchery for new courts building and parking. Earlier, District Bar President Imran Rasheed Sulehari welcomed LHC CJ on his arrival at district bar.


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## ghazi52

*PHC, district judiciaries decided 444,489 cases; encountered multiple challenges during 2018-20*


The Frontier Post
September 21, 2020



PESHAWAR: Registrar, Peshawar High Court (PHC) Khwaja Wajih-u-Din while sharing two years performance said that PHC has encountered multiple challenges such as lawyers’ strikes, Covid-19, lack of proper infrastructure in newly merged districts, inadequate human resources, and logistic constraints etc.

Addressing a press conference here Monday, Wajih-u-Din said that these challenges adversely affected the judicial performance in terms of execution of its business that led to increase in pendency as a whole despite strenuous efforts of Judicial Officers for timely disposal of cases.

He said PHC took various initiatives to minimize the deleterious impact of the adversities such as development of Standard Operating Procedures (SOPs) for judicial work during intensive phase of Covid-19, training of Judicial Officers, forming of Benches and hearing of cases virtually.

He informed that during last two years the PHC recorded 30,196 cases with a disposal of 27092 cases. The pendency increased from 38,846 cases at the end of August 2019 to 42,088 cases at the end of August 2020.
Sharing the performance of District Judiciary, he informed that pendency of District Judiciary increased from 198,456 cases at the end of August 2019 to 219,794 cases at the end of August 2020. During the period, a total of 438,938 cases were instituted while 417,397 were decided.

It was also shared that Child Protection Courts had been established at all the seven Headquarters wherein a total of 1,639 cases were instituted and 1,633 were concluded leaving a pendency of 1,674 cases at the end of August 2020.

Referring to the Data Analysis Wing (DAW), he informed that the institutional performance of judiciary could have been much better during the period but for the strikes and Covid-19 pandemic.
Registrar PHC said that PHC was set to plan the judicial performance for the next five years to promote transparency and consistency with a view to achieving the target of clearing the backlog and providing expeditious justice to improve the image of the judicial system.

He said that a discreet assessment would be carried out on the strengths and weaknesses of the system, available opportunities for improvement, and impending challenges to the dispensation of justice.
Efforts would be made to build the capacity of judicial officers to exploit strengths, overcome weaknesses, turn the challenges into opportunities and avail the same for better performance, he concludes.


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## ghazi52

*Withholding pension a violation of rights: CJ IHC*

Withholding one's pension is a serious violation of fundamental rights, says Justice Athar Minullah


Saqib Bashir
September 28, 2020





PHOTO: FILE


*ISLAMABAD: *The Islamabad High Court (IHC) chief justice observed on Monday that suspending or withholding the pension was a violation of the basic human rights and directed the accounts general office to resolve the petition issue of former director general of the Federal Investigation Agency (FIA) Bashir Memon.

While hearing a petition filed by Memon against withholding of his pension, Chief Justice Athar Minullah directed the accounts general office resolve the matter within a week or submit an affidavit, stating reasons for withholding of his pension on the next date of hearing.

The chief justice remarked that if this could happen to an FIA director general, what would happen to a normal civil servant? He told the representative of the Accountant General Pakistan Revenues (AGPR) that they should rectify the system.

The AGPR representative said that the establishment secretary had not yet responded to the objections raised by accounts general office. The chief justice said that when his resignation was accepted, then else remained? He added pension papers should be cleared the next day of the retirement of a person.

“Withholding one's pension is a serious violation of fundamental rights,” he said. “Now is the age for technology. Everything should be on the computer. “In pensions [matters] you should make things easier,” he said.

The court was informed that the establishment division had approved Memon’s pension. The chief justices asked when [former secretary] Younus Dhaga's pension was approved why not Bashir Memon’s. 

The AGPR correspondent said that the case of Dhaga was different.


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## ghazi52

*BHC takes notice of child’s assault, killing*


Saleem Shahid
13 Oct 2020
 







A view of the Balochistan High Court. — BHC website


QUETTA: Balochistan High Court (BHC) Chief Justice Jamal Khan Mandokhail on Monday ordered the authorities concerned to submit a report about the murder of a minor boy after sexual abuse in Qila Abdullah district.

A BHC bench comprising Chief Justice Jamal Khan Mandokhail and Justice Abdul Hameed Baloch heard the case of murder of an eight-year-old boy in the Mazai Adha area of Qila Abdullah district on an application filed by the victim’s father.

The applicant requested for proper investigation, arrest of the culprits and bringing them to justice.

The chief justice also directed the BHC registrar to compile data of the pending cases of child abuse and direct courts to dispose of them as soon as possible.

The commissioner and deputy inspector general of Quetta and the deputy commissioner of Qila Abdullah appeared before the court and informed it about the progress in the investigation into the murder and sexual abuse case.

The Qila Abdullah deputy commissioner said that the postmortem report had confirmed that the child was murdered after subjecting him to sexual abuse.

“The investigation is under way and it requires more time,” the Qila Abdullah deputy commissioner said and requested the court to allow more time to submit a progress report.

The court granted him more time.

The bench directed the commissioner and Quetta DIG to assign the task to the Police Investigation Agency to assist the Levies in the investigation.

The court ordered the Qila Abdullah deputy commissioner and DIG to take all necessary steps for the arrest of main culprits.

The bench directed the commissioners and DIGs of all regions to take preventive measures to check the rise in child abuse cases.


_Published in Dawn, October 13th, 2020_


----------



## ghazi52

*Indian High Commission moves IHC for release of four spies*

Petition prays to free the prisoners as they have completed their sentence

Saqib Bashir
October 15, 2020

*ISLAMABAD: *The Indian High Commission on Thursday filed a petition in the Islamabad High Court (IHC) for the release of four spies convicted by military courts on charges of espionage and terrorism in Pakistan.

According to reports, the petition was filed through Barrister Malik Shah Nawaz Noon which contended that the Indian prisoners, Bircho, Bang Kumar, Satish Bhag and Sonu Singh should be released as they have served their sentence.

“Keeping prisoners in jail after serving their sentence is a violation of the rights under the Constitution of Pakistan,” the petition prayed. “Legally, there is no reason for them to be imprisoned. Prisoners should be released and arrangements should be made for their return to India”.

Earlier on October 6, however, the second deadline set by the IHC for India to appoint a legal representative for another convicted Indian spy, Kulbhushan Jadhav, expired.

Pakistan has repeatedly invited the Indian government to pursue the case of the convicted Indian Naval intelligence officer but New Delhi has yet to appoint a legal representative.

The bench headed by IHC Chief Justice Athar Minallah presided the law ministry's request to provide counsel to Jadhav.

In August, the IHC had formed a three-member larger bench at the government’s request to appoint a lawyer for Jadhav for his appeal against the death penalty awarded to him by a military court.

Justice Minallah instructed the Attorney General of Pakistan (AGP) Khalid Javed Khan to determine if the court can appoint a legal representative for Jadhav – sans his or India's approval – and what consequences such a move would have.

The chief justice also asked if the convicted spy was provided with a copy of the previous hearing's order, to which the AGP replied in the affirmative.
"India should submit an application and obtain the documents through legal channels," said the AGP. The chief justice then adjourned the hearing of the case till November 9.


----------



## ejaz007

*LHC to follow Justice Isa, issues notice to PM Imran Khan*






LAHORE: The Lahore High Court (LHC) Chief Justice Qasim Khan Thursday remarked that the Centre was interfering in the provincial affairs and the Supreme Court judge Justice Qazi Faez Isa was right in issuing a notice to the prime minister.

Justice Qasim made these remarks during the hearing of a case pertaining to the construction of Kartarpur Road filed by theShakargarh Bar Association. Justice Qasim said the LHC will also send a notice to the prime minister. He questioned how the federal government had completed the Kartarpur project. He said if the devotees decided to go to Kartarpur from Lahore then the condition of road was poor.

The chief justice asked how the federal government acquired this project and whether the Centre had transferred funds to the provincial government for this purpose. The chief justice asked the representative of Communication Department how all this happened. The representative said he knew nothing about it.
“This means the Centre is meddling in the affairs of the provincial government,” Justice Qasim Khan observed. He observed that the prime minister and chief minister were spending billions of rupees on their districts, but nothing was being spent on a road which could benefit the general public. The court adjourned the hearing till October 29.










LHC to follow Justice Isa, issues notice to PM


LAHORE: The Lahore High Court Chief Justice Qasim Khan Thursday remarked that the Centre was interfering in the provincial affairs and the Supreme Court judge Justice Qazi Faez Isa was right in...




www.thenews.com.pk


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## ghazi52

*Islamabad High Court directs for paying compensation to victim family of missing citizen*

The Frontier Post
October 19, 2020



ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday directed for providing compensation to the family of the missing citizen Sajid Mehmood by the next date of hearing.

Chief Justice Athar Minallah conducted the hearing on a case pertaining to the non-recovery of IT expert Sajid Mahmood, who had been missing for five years.

At the outset of hearing, the bench remarked that if the compensation was not paid, then high officials would be summoned.

The bench remarked that why the court should not take action for non-implementation of it decision regarding payment of compensation to the victim family. The counsel for Interior Ministry lHasnain Ibrahim Kazmi adopted the stance that the ministry didn’t have such funds. It had requested the finance ministry to provide funds, he said, and pleaded that a letter was served on October 13, asking for the funds.

He said that as soon as the reply was received, the ministry would implement the court orders.

Petitioner’s lawyer Omar Gilani contended that the police had not submitted any report in last two years regarding the missing citizen, to this the bench remarked that even the police was not bothered to read the court decision because it was related to a common citizen.

Justice Minallah said that the missing citizen was a common man, not an important man, so no one cared.

CJ Athar Minallah remarked that the courts could only observe and asked the police officials that a person had gone missing from their area and the police had admitted that it was a case of disappearance.

The one who would be responsible in the law would be responsible for the incident, the court said. Further hearing of the case was adjourned till November 16.


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## ghazi52

*IHC seeks comments from law ministry in Kachehri attack case*

The Frontier Post
November 30, 2020


ISLAMABAD: The Islamabad High Court (IHC) on Monday sought comments from federation on a case filed by accused in F-8 Kachehri attack matter raising objections on ATC’s judge.

Chief Justice Athar Minallah conducted hearing on the case filed by the accused in F-8 Kachehri attack case.

At the outset of hearing, the petitioner’s lawyer adopted stance that the two judges of Anti Terrorism Court (ATC) including Raja Jawad Abbas and Shahrukh Arjamand had been part of the inquiry related to the incident. He prayed the court to stop these judges from hearing this case as his clients had objections on them.

The petition prayed the court to shift this case to another court to ensure transparency in trial.
The court sought comments from ministry of Law and Justice and adjourned hearing into the case till December 7.

Meanwhile, ATC adjourned hearing till December 14, on a case against uploading of blasphemous material on social media.

The hearing was adjourned without further proceeding due to leave of Judge Raja Jawad Abbas.


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## ghazi52

*IHC terms Nawaz proclaimed offender in appeals pertaining to Al Azizia, Avenfield references*



Tahir Naseer 
02 Dec 2020








Nawaz Sharif has been in London since 2019. — AP/File


The Islamabad High Court bench, hearing two appeals by former premier Nawaz Sharif against his conviction in the Al Azizia and Avenfield corruption references, said on Wednesday that he would be declared a proclaimed offender. The court will issue a written order to this effect shortly.

A two-member bench, comprising Justices Aamer Farooq and Mohsin Akhtar Kiyani, heard the appeals filed by Nawaz himself. During the hearing, the court recorded the statements of the Foreign Office Europe-I Director Mubashir Khan and Federal Investigation Agency (FIA) official Ejaz Ahmed.


Khan, in his statement, told the court that he had received the advertisements for Nawaz's summons that were issued by the court and had sent them to the Pakistan High Commission in London. The official said that Nawaz was informed about the proclamations through Royal Mail and confirmation of delivery from the mail service was received on November 30.

Deputy Attorney General Tayyab Shah told the court that proclamations issued by the IHC were published in all newspapers in English. A letter was also written to _Daily Jang London_, he told the court.

The IHC had issued proclamations against Nawaz in October and had directed that it be published in two leading daily newspapers, _Dawn_ and _Jang_. Through the proclamation, the court had asked the PML-N supremo to surrender himself in 30 days to avoid further adverse process.

In case the former premier remained absent even after expiry of the given period, the court would declare him a proclaimed offender and order attachment of his properties, the bench had said then.
Nawaz is currently in London, where he is seeking medical treatment. The former premier had left last year after developing health problems and has not returned since.

During today's hearing, the statement of FIA official Ejaz Ahmed was also recorded, who said that he was appointed as the head of a team constituted by FIA Punjab to deliver the court's summons at Nawaz's residences. He said that the team had visited Nawaz's residences in Lahore's Jati Umra and Model Town.
Ahmed said that the team met security staff outside the Model Town house who were informed of the court's proclamations regarding Nawaz. 

The team also called for Nawaz from outside in a loud voice. The FIA team had also taken pictures during the visit to both houses, which were made part of the court record.
National Accountability Bureau (NAB) prosecutor Jahanzaib Bharwana urged the bench to dismiss both appeals "on merit" and said that Nawaz can be punished for not surrendering before the court.

"If [he] can be punished [for not surrendering], then the appeals can also be decided on merit," Justice Farooq responded. He told Bharwana to assist the court in the next hearing and present citations regarding how appeals by a proclaimed offender should be treated.


The case was adjourned until December 9. The court will hear both appeals along with two other cases — one filed by the NAB against Maryam Nawaz and another filed by the latter against her conviction in the Avenfield corruption reference.


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## ghazi52

*SHC orders registration of case against five policemen for killing two persons
*
Ishaq Tanoli
08 Dec 2020


KARACHI: The Sindh High Court on Monday directed a senior superintendent of police (SSP) to register a case against five policemen for committing the murder of two persons in an alleged encounter last year in Surjani Town.

The two-judge bench headed by Justice Nazar Akbar also asked the SSP (West) to immediately take disciplinary action against the policemen and submit a compliance report within three days.

The bench set aside the conviction of appellant Mohammad Javed handed down by the trial court in the police encounter and illicit weapons cases and observed that the cases of prosecution were not trustworthy and there were several dents in its story.

The prosecution contended that a police party headed by ASI Imran Rasheed was on patrol in April 2019 in Kaneez Fatima Society, Surjani Town, when they received information about a robbery and reached there. The suspects allegedly opened fire on the policemen, who returned fire that left Ghulam Shabbir and Ghulam Rasool dead and Javed was arrested on the spot. Their fourth accomplice Yousuf alias Murtaza, escaped.

Appointment of commissioner, DG SBCA challenged

The police booked the appellant with his alleged accomplices in two cases and an antiterrorism court (ATC) handed down a collective sentence of 16 years to him in January this year.

The appellant filed an appeal against the ATC order in the SHC and the appellate division bench, after going through the entire record and hearing arguments from both sides, allowed the appeal and directed the jail authorities to release the appellant if he was not wanted in any other criminal case.

The bench observed it had clearly surfaced that police officials ASI Rasheed, constables Mohammad Arif, Sajjad Hussain, Fahad Ali and Waqar Hussain had brutally murdered Ghulam Shabbir and Ghulam Rasool in the name of an encounter.

The bench pointed out many flaws in the story of the prosecution and said that in their own evidence the police officials had said they used submachine guns (SMGs) in retaliation during the alleged encounter, but only three SMG empties were secured from the crime site and as many spent bullet casings of pistol, said to have been fired by the suspects, were also found, but no policeman or passerby was injured and even nothing had hit the police van.

It observed that of the three empties of a 30-bore pistol, one did not even match with the so-called pistol alleged to have been seized from the dead and the appellant.

The medico-legal officer’s statement showed that the deceased persons were shot dead from a distance of about two feet with a single bullet injury in their heads with a very high-velocity weapon, it added.

The bench further said that the allegation of robbery and encounter that came on record at least in this case could not be proved because the memo of seizure and arrest did not show any empty of pistol and the so-called robbed articles sealed on the spot, adding that the failure of seizure of the property on the spot could only lead to believe that nothing was recovered from the deceased persons and the appellant.

The story of robbery had been an obvious afterthought that was why the case of robbery had not been tried by the trial court and no application under Section 21-M (joint trial) of the Anti-Terrorism Act, 1997 had been filed by the investigating officer or the additional prosecutor general to show that this case was still pending before the ATC, it added.

The police had lodged two cases against the appellant, two deceased and an absconder under sections 324 (attempted to commit murder), 353 (criminal assault or force to deter public servant from discharging his duty) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the ATA and under Section 23(i) (a) of the Sindh Arms Act, 2013 at the Surjani Town police station.

Appointment of commissioner, DG SBCA
Another division bench of the SHC on Monday issued notices to the provincial authorities on two petitions challenging the appointment of the commissioner of Karachi and the director general of the Sindh Building Control Authority (SBCA).

The bench headed by Justice Nadeem Akhtar put the Sindh chief secretary, secretary of services, general administration and coordination department, secretary of local government department, commissioner of Karachi, SBCA DG and other respondents as well as additional advocate general of Sindh on notice with the direction to file comments by next hearing.

A regular litigant petitioned the SHC and contended that on Nov 2 Iftikhar Ali Shallwani, who was already holding the post of administrator of Karachi, had been assigned an additional charge of commissioner of Karachi division till further orders.

The petitioner in the second petition argued that on the same day Shamsuddin Soomro, who was holding the post of additional chief secretary to the ombudsman secretariat Sindh, had been tasked with an additional charge of SBCA DG.

The petitioner contended that the additional charge assigned to both respondents was illegal and also prejudicial to all such officers who were entitled to be posted as commissioner of Karachi and SBCA DG.

The bench directed its office to fix both petitions for hearing in the second week of January.

Published in Dawn, December 8th, 2020


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## ghazi52

Lahore High Court, 1882


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## ghazi52

*PHC commits to restore heritage of Peshawar*


The Frontier Post
December 9, 2020
Humayun Khan


PESHAWAR: The two-member bench comprising of Acting Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid and Justice Ijaz Anwar directed competent authorities to ensure that drug-addicted people shall not enter to the premises of public parks, on Wednesday.

During hearing in case regarding restoration of historic ‘Shahi Bagh’ case Acting Chief Justice PHC remarked that public perks are homage for drug-addicts and such environment has bad impact on children.

Early court had directed tehsil municipal administration to restore ‘Shahi Bagh’ in collaboration with forest department. Assistant Director Forest informed PHC that the department had recommended forest roses for plantation.

Acting Chief Justice remarked that do not show picture to honorable court but do work on ground. Justice Qaiser Rashid remarked that due to ignorance of officials, court can stops officials from working against their positions. PHC had directed Chief Executive Office Cantonment Board Peshawar to appear before court regarding maintenance of Jinnah Park. 


Director General Local Governments informed honorable court that 169 Kannals separate area has been specified for families in the premises of ‘Shahi Bagh’ Peshawar in which entertainment facilities shall be available.

During hearing Acting Chief Justice Qaiser Rashid remarked that honorable court is committed restore heritage of Peshawar. Justice Qaiser Rashid also remarked that weeding hall, swimming pool and other commercial activities shall be remove gradually from the premises of ‘Shahi Bagh’ Peshawar.

PHC directs Secretary, ES&ED, finance to appear on Jan 6: The two-member bench comprising of Justice Ijaz Anwar and Justice Muhammad Naeem directed secretaries of Elementary & Secondary Education and Finance to appear before court on next hearing in case regarding up-gradation of librarians.

The direction was given in Contempt of Court (COC) petition filed by Shakir Ullah and others against elementary and secondary education department for do not granting BPS-18 to librarians. The counsel for petitioners was Bilal Kakizai argued the petition before court. The two-member bench adjourned to 6th January 2021 and directed secretary elementary& secondary education and secretary finance to appear before PHC.

PHC set aside 35 years imprisonment in murder case: Peshawar High Court on Wednesday set aside 35 years imprisonment and Rs. 500000 fine of accused Arshid Bacha of kernal sher khan village swabi in murder case. The court has directed his forthwith release from jail.

Accused was convictted by model court swabi on 06.06.2020 and the same was challenged before the high court. Accused was charged for murder of his villager Sher and causing injuries to his sister-in law and the case was registered at Police Station kalu khan on under section 302/324 PPC.
The accused was acquitted on grounds of contradictions in statements of witnesses and its conflict with the medical evidence. Counsel for accused was Shabbir Hussain Gigyani Advocate.


----------



## ghazi52

*IHC reserves decision in PTV’s sacked employees case*
The Frontier Post / 
December 21, 2020

ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday reserved its judgment on maintainability of the case, filed by the Pakistan Television (PTV)’s sacked officials including Khawar Azhar and Qatrina Hussain.

Justice Miangul Hassan Aurangzeb heard the case, filed by the PTV’s sacked employees seeking their restoration.

During the course of proceedings, the petitioner’s lawyer contended that the contracts of the employees were canceled illegally.

He said only the PTV managing director had the powers to recruit or terminate services of the employees.

To a query of the bench, the PTV counsel said the employees were taking too much salaries and they were terminated under the contract terms. The emplo-yees would be given three months salaries in accorda-nce of the contract, he said.

To this, Justice Miangul Hassan said eligible people would not work in low salaries.

The Pakistan Television (PTV)’s counsel said the employees who were receiving salaries more than Rs350,000 had been terminated in light of the PTV board decision.


After listening arguments, the court reserved the decision on maintainability of the case.


----------



## ghazi52

*LHC summons PTA chairman for Dec 28*

The Frontier Post
December 21, 2020


LAHORE (APP): The Lahore High Court (LHC) on Monday summoned the Pakistan Telecommunication Authority (PTA) chairman and others for December 28, on a petition seeking directions for removal of objectionable material about the so-called “fifth caliph of Qadianis” from the web.

LHC Chief Justice Muhammad Qasim passed the orders while hearing a petition, filed by Saeed Sindhu and others for the purpose. The court, adjourning the hearing till Dec 28, summoned the authorities concerned on the next date of hearing.


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## ghazi52

*Defamation suit against PM adjourned*


The Frontier Post
December 21, 2020


PESHAWAR: The Acting Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid stop Additional District Judge from taking an adverse action against Prime Minister (PM) Imran Khan in defamation suit, on Monday.

The Additional Attorney General (AAG) Muhammad Habib Ullah appeared before court on behalf of Imran Khan in defamation suit filed by former Member Provincial Assembly Fauzia Bibi of Pakistan Tehreek Insaf (PTI). The AAG Muhammad Habib Ullah requested honorable court to cliff the identical cases because similar case is under proceeding in Swabi district courts.

Former MPA Miraj Humayun of PTI appeared before court and informed that she has no objection over transfer and cliffing of identical petitions. The Acting Chief Justice PHC Justice Qaiser Rashid directed ADJ Peshawar to ensure service of former MPA Fauzia Bibi in the case.

Moreover, Acting Chief Justice PHC Justice Qaiser Rashid granted bails to two alleged culprits involved in different crimes on two personal sureties and Rs, One lac on each petitioner. The honorable court granted bail to Yousaf Islam on two personal sureties and one lac.

Meanwhile, the honorable PHC also granted bail to alleged murderer Sardar Hussain on two personal sureties and Rs, one lac. The petitioner is allegedly involved in murder of Abdullah in their firing on Khan Wali and his father along with others.


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## ghazi52

A view of Chief Court Lahore.
Date: 1900s


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## ghazi52

*Islamabad High Court slaps Rs10m fine on secretaries, others*

Holds state machinery responsible for failure to recover an abducted citizen


Saqib Bashir
January 02, 2021






Islamabad High Court seeks detailed responses on petition by November 2. 


*ISLAMABAD: *The Islamabad High Court (IHC) has slapped a huge fine of Rs10 million on relevant authorities over their failure to rescue a man kidnapped from Islamabad around six years ago.
The IHC judge Mohsin Akhtar Kayani unveiled its 6-page written order while disposing of a petition filed by the brother of Ghulam Qadir, a man who was abducted on August 28, 2014 from the jurisdiction of Golra Police Station of Islamabad by half a dozen men in broad daylight.
The court noted that it is not satisfied with the working of the police department as well as the conduct of the secretaries of the Ministry of interior and the Ministry of Defence.


It said the secretaries are responsible both for the executive actions of their subordinates and their failures to perform their lawful duties. It noted that it was apparent in this case that the authorities failed to perform their duties and were liable for the consequences.

“Therefore the court declares secretary Ministry of Interior, secretary Ministry of Defence, SP (Investigation), In-charge JIT [joint investigation team], Golra Police Station SHO and IO [investigation officer] jointly responsible for their failure to provide due protection to Ghulam Qadir.”

The court held the state machinery responsible in the case and imposed a fine of Rs10 million on the above officials jointly and severally.

“The aforesaid officials are directed to recover Ghulam Qadir within a period of 30 days, failing which their cases will be placed before the competent authorities for initiation of departmental action under the relevant provisions of law,” order said.

The IHC had earlier imposed Rs2milllion fine each on defence and interior secretaries in Salman Farooqi case. In that case, the court had also ordered termination of the two secretaries as well as an IGP.


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## ghazi52

*LHC asked to strike down Senate secret balloting*

02 Jan 2021

 






The Lahore High Court has been asked to strike down the method of secret balloting for the election of the Senate to discourage floor-crossing and vote buying. — AFP/File


LAHORE: The Lahore High Court has been asked to strike down the method of secret balloting for the election of the Senate to discourage floor-crossing and vote buying.

Munir Ahmad, a lawyer by profession, in a writ petition filed through Advocate Azhar Siddique also assails the vires of section 122 (6) of the Election Act 2017 for being in violation of articles 222 and 226 of the Constitution.

The petitioner submits that the article 226 restricts secret balloting only for those elections that are held under the Constitution, which include elections for the office of president, speakers and deputy speakers of national and provincial assemblies, and election of chairman and deputy chairman of the Senate.

He states that the election for the members of the Senate does not fall within the definition of the elections as envisaged in article 226. Therefore, he argues, the voting can be held through an open ballot.

The petitioner contends that the framer of the Constitution, unfortunately, left a number of things open to be settled by parliament through statutory legislation and parliament has to confine itself to making the things transparent, merit based and to develop a system free of rigging and manipulation.

He pleads that by incorporating the words “secret balloting” in section 122 of the Election Act, prima facie, a door has been opened for corruption and corrupt practices and taking undue advantages to the members, therefore, this provision is null and void in the eye of law and has at the same time violated constitutional provisions.


The petitioner asks the court to allow the petition and strike down the method of the secret balloting in order to discourage the floor-crossing, use of looted and laundered money for vote-buying in Senate elections.

The lawyer also urges the court to set aside section 122 (6) of the Elections Act 2017 for being ultra vires to articles 222 & 226 of the Constitution in the interest of public, justice, equity and fair play.


_Published in Dawn, January 2nd, 2021_


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## ghazi52

*Delay in disposal of corruption cases irks BHC CJ*

05 Jan 2021

 







Chief Justice of the Balochistan High Court Jamal Khan Mandokhail has expressed dissatisfaction over delay in disposal of cases by accountability courts. — Photo courtesy BHC 


QUETTA: Chief Justice of the Balochistan High Court Jamal Khan Mandokhail has expressed dissatisfaction over delay in disposal of cases by accountability courts.


Chief Justice Mandokhail, along with Justice Nazeer Ahmed Langove, on Monday visited the accountability courts in Quetta and reviewed the under-trial cases and performance of these courts. He summoned the Director General of National Accountability Bureau, Balochistan, while the NAB prosecutor was present on the occasion.


The chief justice directed the judges of accountability courts to enhance their performance and asked the NAB director general and prosecutors to improve the process of prosecution and present witnesses in time in the court. He also directed to the lawyers to help in disposing of cases in time.

He said timely hearing of cases and imparting justice by courts was imperative for eradication of corruption.

_Published in Dawn, January 5th, 2021_


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## ghazi52

*CINIC’s obtained by Afghan nationals: Secy, Chairman directed to submit comments*

The Frontier Post
January 5, 2021
Humayun Khan

PESHAWAR: Peshawar High Court (PHC) has directed Chairman National Database and Registration Authority (NADRA), Secretary Interior, Director General (DG) NADRA Khyber Pakhtunkhwa and other respondents to submit reply in case against obtaining of Computerized National Identity Card (CNIC’s) by Afghan nationals, on Tuesday.

The writ petition was moved by Hazart Khan Mohmand through his counsel Muhammad Isa Khan Advocate which heard by Justice Sahibzada Asadullah Khan of PHC.

The counsel for petitioner informed court that some those Afghan nationals had also been attesting documents including domiciles certificate by posing as Maliks in an illegal manner as Maliks were not allowed to do so after the merger of Federally Administrated Tribal Areas with Khyber Pakhtunkhwa.

The counsel informed PHC that Deputy Commissioner (DC) Mohmand had constituted Joint Investigation Team (JIT) on 9 June 2020 to inquire the issue and conclude within two months but the task had not completed so far.

The single member bench of PHC Justice Sahibzada Asadullah directed Secretary Interior, Chairman NADRA, DG Khyber Pakhtunkhwa, DC, AC’s upper and lower Mohmand to submit comments before court in the case before next hearing.


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## ghazi52

*Justice Qaiser Rashid takes oath as chief justice PHC*







https://nation.com.pk/NewsSource/web-desk


January 09, 2021


Justice Qaiser Rashid Khan was sworn in as the chief justice of the Peshawar High Court (PHC) at the Governor’s House on Saturday.

Governor Shah Farman administered the oath to him.

The chief justice’s post fell vacant on Nov 12 after the incumbent, Justice Waqar Ahmad Seth, died of novel coronavirus.


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## ghazi52

*IHC summons senior official of Foreign Office in Dr. Afia Saddiqui case*


The Frontier Post
January 11, 2021

ISLAMABAD (APP):The Islamabad High Court (IHC) on Monday expressed dissatisfaction on report of Foreign Officer pertaining to Dr. Afia Saddiqui and summoned joint secretary of the department in person on next hearing.

Justice Aamer Farooq of IHC conducted hearing on a case filed by Dr. Fauzia Saddiqui seeking efforts to bring Afia Saddiqui back from US’s custody.

At the outset of hearing, Deputy Attorney General Raja Khalid Mehmood submitted detailed report of foreign office to the court regarding the matter. The report said that a counselor general meeting was arranged on December 15, with Afia Saddiqui. However, the jail officials informed that she didn’t want to meet them.

The report said that a meeting was held with Afia Saddiqui on September 24, and she told that her COVID-19 test was found negative. It further said that the meetings with prisoners were remained suspended last year due to COVID-19 outbreak.

It stated that the foreign office was in contact with the jail officials regarding the updates about the health of Dr. Afia. 
The report said that US Justice Department had informed that a prisoner itself could file request against her sentence on compassionate grounds through jail warden or mail service. It was only a solution without the lawyer that the prisoner herself filed appeal, it said.

The deputy attorney general told the bench that the report was comprising the consular access to Afia, her health condition and other matters. Our consular used to visit her in jail every month, he said.

The court asked that whether the government was raising this matter to the new US set up.
The petitioner’s lawyer adopted the stance that Dr. Afia Saddiqui was arrested from an area of Peshawar.

The bench asked that whether the Pakistan discussed the matter with American government. He asked foreign office to send a senior official on next hearing to brief the court regarding the government’s measures for recovery of Dr. Afia.

The bench observed that it was the responsibility of the state to protect the lives and property of its citizens. This case was filed four years ago but we were still standing at the same place, Justice Farooq noted.

The court directed the foreign office to satisfy the bench with relevant documents. The petitioner’s lawyer said that the prisoners were brought back from UAE, Sri Lanka and Malaysia.
After this, the court adjourned hearing of the case till February 10, with above instructions.


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## ghazi52

*Non-availability of PhD teachers: SHC summons Karachi University VC*

January 13, 2021







The entrance of University of Karachi.


KARACHI: The Sindh High Court (SHC) has a sought reply from the Vice-Chancellor of Karachi University in a petition claiming that teachers in the law department are taking classes without holding a PhD degree.

The petitioner has contended that a PhD is required to teach students seeking a PhD degree.
It further alleged that instructors in the social sciences department are teaching students without meeting the criteria of having a degree.

After hearing initial arguments, the court has summoned the vice-chancellor on the next hearing.


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## ghazi52

*ETPB land occupation case: LHC summons IGP*

The Frontier Post
January 14, 2021


LAHORE (APP): The Lahore High Court (LHC) on Thursday summoned inspector general of police (IGP) Punjab and other police officers for January 15 on a petition against the alleged occupation of Evacuee Trust Property Board (ETPB) land by Elite Force Training School.

LHC Chief Justice Muhammad Qasim Khan passed the orders while hearing a petition filed by Muhammad Zakaria.

Additional IG Training Farooq Mazhar and other police officials appeared before the court at the start of proceedings.

A law officer submitted that the IGP had given instructions for ending occupation of ETPB land. He assured that, after identification of the land by the Revenue department officials and fulfillment of legal requirements, the possession of the land would be handed over.

However, the court expressed dissatisfaction over the statement of the law officer and summoned the IGP and other officials for Friday.

It is worth mentioning here that the court had on previous hearing ordered for immediate retrieval of 72 kanal land of Evacuee Trust Property Board (ETPB) from illegal occupation of Elite Force, besides seeking an implementation report from IGP Punjab.

The petitioner had submitted that he obtained 72 kanal land of the trust on lease but the Elite Force had illegally occupied it. He pleaded with court for retrieval of the land from Elite Force occupation.


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## ghazi52

*IHC adjourns hearing on Bhasha Dam jobs quota case*

The Frontier Post 
January 13, 2021


ISLAMABAD (APP): The Islamabad High Court on Wednesday adjourned hearing on request of deputy attorney general in a case pertaining jobs quota for residents of Gilgit Baltistan (GB) and Diamer in Diamer Bhasha Dam projects. The deputy attorney general pleaded that he would inform the court on matter after taking instructions from federation.

Justice Miangul Hassan Aurangzeb heard the case filed by the residents of GB regarding above matter.

During the hearing, amicus curiae Barrister Ahmar did not appear before the court due to sickness. The court adjourned the case for two weeks.


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## ghazi52

*View from the courtroom: PAF Golf Club allowed to construct building, but with conditions*


Waseem Ahmad Shah
January 18, 2021

 







The bench of Justice Mohammad Nasir Mahfooz and Justice Syed Arshid Ali disposed of the petition on Dec 22 and has recently released the detailed judgment. — APP/File


In an ongoing dispute between several residents of Peshawar’s Shami Road, an upscale area of the provincial capital, and the PAF Golf Club over construction of a multi-storey building in the area, the Peshawar High Court recently allowed the club to continue with the construction work, but with the conditions that the building would not be used for commercial purposes and privacy rights of the area people would be respected.

Dr Shahkar and some other residents of Shami Road had filed a petition before the high court, requesting it to order stoppage of the construction work.

They claimed that the multi-storey building was that of a proposed cinema hall and commercial plaza which violated privacy of people and the said land could not be used for commercial purposes under the law.


While the PAF Golf Club authorities denied that they had been constructing a cinema hall and plaza, they said that they had been constructing a multipurpose hall that would be used by the golfers for routine training of caddies and staff and would be reserved for the members only.

The authorities had also disowned an advertisement wherein it was mentioned that the construction was for commercial purposes.


The bench of Justice Mohammad Nasir Mahfooz and Justice Syed Arshid Ali disposed of the petition on Dec 22 and has recently released the detailed judgment.

“Keeping in view the legal and factual aspect of the matter, we feel that after disowning the advertisement for using the premises of the Golf Club for commercial purposes, the said construction could be allowed to be used for providing additional facilities to the golfers only,” the bench ruled.

The bench directed that the construction should not in any manner violate the privacy right of the residents of the area.

“In case, any window has been opened facing the residential area, the same must be closed and if possible the respondents may avoid large-scale gatherings,” the bench ruled.

The court ordered that any slight indication for conversion of the building into commercial use would definitely be a ground available with the petitioners or any other residents of the area, to invoke jurisdiction of the high court so that the present proceedings were not misinterpreted as to allow the commercial use.
The bench observed that even the lawyers appearing for respondents (PAF and federal government) made a commitment that no commercial activities would be carried out on the premises of golf club.
Advocate Zahid Idress Mufti appeared for the petitioners and stated that the ongoing construction revealed that it was a multi-storey building and windows had been opened facing his client’s house.
He contended that this was on the one hand alien to the provision of Land Administration Manual-Rules and on the other, it seriously affected privacy right of the petitioners who had been residing there for many decades.
He stated that the road leading to the PAF Golf Club passed through residential area of Shami Road, 

Peshawar, and residences surrounding the Golf Club, so any such high storey building would certainly affect the privacy right of the residents.

The counsel stated that his clients and other residents were never disturbed by the authorities, but all of a sudden the respondents started construction in front of the residences while they were not taken into confidence and no notice for construction was given to them.

He claimed that the petitioner tried to get knowledge/purpose of the construction and to get the record of the sanction and sketch/drawing of the construction in question, but the request was not acceded by the relevant authorities.

The counsel was of the opinion that the area which fell within the precincts of golf club had been classified as Class “A” (1) and “A” (2) and no such construction could be made on it and it could not be used for commercial activities. He also produced photographs showing large-scale construction on the site.

However, the respondents denied that the said construction was meant for cinema hall and plaza.
The lawyers representing the federal government, PAF Golf Club and other respondents submitted that the purpose of construction was to build facilities to train different golfers and it would be neither used as Cinema Hall nor for any commercial activities.

They disowned advertisement titled “Invitation of Proposals for Commercial Activity” published in different newspapers on Dec 22, 2019, and issued by the PAF Golf Club, Peshawar.

The bench ruled that the classification of land was meant for the purpose of fortifications, barracks, stores, arsenals, aerodromes and bungalows for military officers which were the property of Government, parade grounds, military recreation grounds, golf courses, etc.

The bench pointed out that the copy of contract agreement of May 29, 2020, between the PAF Golf Club and TS Builder revealed: (a) Construction of Building 1- Members Building (b) Construction of Building 2- Driving Range (c) Renovation of Building 3- Existing Club House for a total sum of Rs119.65 million.


_Published in Dawn, January 18th, 2021_


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## ghazi52

*IHC seeks federation’s progress report on Judicial Complex*

The Frontier Post / 
February 15, 2021



ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday directed federation and Capital Development Authority (CDA) to submit progress report every month pertaining to establishment of Judicial Complex in Islamabad.

A larger bench of IHC headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq, Justice Mohsin Akhter Kiyani and Justice Miangul Hassan Aurangzeb heard the case regarding illegal set up of lawyers’ chambers at land of Football Ground sector F-8.


On the query of chief justice, the Capital Development Authority (CDA)’s lawyer said that civic body was authorized only to prepare the project plan.

He, however, said that when the concern ministry would process the land for lawyers then the Capital Development Authority (CDA) could give approval for this.

The deputy attorney general requested the court to grant time to take instructions from the federation in this regard.

The chief justice observed that progress should be made in the matter before March 23.

The court sought report from the federation and adjourned hearing of the case.


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## ghazi52

*LHC grants interim bail to Capt. Safdar in assets case*


The Frontier Post
March 8, 2021


LAHORE (APP): The Lahore High Court (LHC) Monday granted interim pre-arrest bail to Capt (retd) Muhammad Safdar, son-in-law of former prime minister Nawaz Sharif, in an inquiry into alleged assets beyond means being conducted by the NAB.

A two-member bench comprising Justice Sardar Muhammad Sarfraz Dogar and Justice Asjad Javaid Ghural heard the pre-arrest bail petition, filed by Muhammad Safdar, and also sought a reply from the NAB authorities by March 29.

Safdar appeared before the bench along with his counsel at the start of proceedings.

The petitioner’s counsel argued that his client had received a call-up notice from NAB Lahore asking him to appear before its combined investigation team to explain his assets.

He submitted that an inquiry into his assets was also pending at NAB Peshawar, whereas the petitioner had also filed a pre-arrest bail plea at Peshawar High Court in connection with the inquiry. He submitted that an inquiry into a single matter could not be conducted in two provinces and the call-up notice issued by the bureau showed mala fide.

He submitted that NAB could arrest the petitioner, therefore, a pre-arrest bail be granted to him.

Subsequently, the court restrained the bureau from arresting the petitioner till March 29 and also sought a reply. The bureau had summoned Capt Safdar for March 10 with a direction to present the record of all properties in his name and his family members.

Safdar had been asked to bring complete record of all movable and immovable properties including agricultural, residential, commercial and other assets, owned by him, his family members besides bank accounts details.


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## ghazi52

March 24, 2021


*Yousaf Raza Gillani's petition challenging Senate chairman election rejected*









Former prime minister Yousaf Raza Gillani. Photo: File


The Islamabad High Court (IHC) on Wednesday rejected former prime minister Yousaf Raza Gillani's petition challenging the Senate chairman election, stating that courts do not intervene in the workings of the Parliament.

The former prime minister — who was the Pakistan Democratic Movement's (PDM) joint candidate challenging the government candidate Sadiq Sanjrani — had lost the Senate chairman election by obtaining 42 votes compared to Sanjrani's 48.

A 13-page verdict on Gillani's petition was issued by IHC Chief Justice Athar Minallah.

The PPP had announced it would challenge the verdict after the presiding officer — when the votes were being counted — revealed that seven votes had been rejected.

According to the judgment, the bench clarified that the court does not interfere in the workings of the Parliament.

The court also expressed the hope that political parties and lawmakers will resolve their matters with each other without involving the judiciary.

PPP's Farooq H Naek had filed the appeal on Gillani's behalf at the high court a couple of days earlier.
In the petition, Gillani had stated that seven votes cast in his favour were rejected by the RO during the election for the Senate chairman. The petition reads that the RO’s order to declare the votes illegal should be overturned.

During the Senate election, PDM's Gillani had emerged as the victor from his Islamabad seat, beating Finance Minister Abdul Hafeez Shaikh — associated with the ruling PTI — in what was arguably the most-watched contest.

Gillani had bagged 169 votes, whereas Shaikh got 164. One vote had not been cast.


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## ghazi52

*CDA misstated illegal construction of courts in F-8: IHC registrar
*

Malik Asad
April 12, 2021

The Capital Development Authority (CDA) misstated before the Supreme Court about the illegal construction of courts on the premises of the sessions courts Islamabad. — AFP/File
ISLAMABAD: The Capital Development Authority (CDA) misstated before the Supreme Court about the illegal construction of courts on the premises of the sessions courts Islamabad.

This was disclosed in a written reply submitted to the Supreme Court by the registrar of the Islamabad High Court (IHC) in response to the apex court’s order of April 5.

A bench headed by Chief Justice of Pakistan Gulzar Ahmed on March 2 while hearing an appeal against the IHC decision to remove lawyers’ chambers from a football ground in F-8 noted that some courts had illegally been established on private land.

Subsequently, the apex court directed the IHC registrar “to ensure that such land is vacated, court structure removed and the courts are shifted to proper regular premises.”

However, in a subsequent hearing on April 5, the Supreme Court sought an explanation from the IHC registrar and asked him “why structures have not been removed/demolished.

The registrar IHC seems to have not complied with the court order.” The Supreme Court also summoned the IHC registrar as well.

In his reply, IHC Registrar Sajid Baloch stated that “action was taken immediately after receiving the order” [of the SC].

It said besides the football ground, encroachments and illegal construction were made on green areas, roads, streets, public car parking areas and commercial plots in the F-8 Markaz, adding all such illegal constructions and encroachments had been declared by the local administration as a security threat, particularly after the terrorist attack of March 3, 2014.

The registrar stated that illegal construction and encroachment were facilitated by the civil courts through their injunctive orders which were subsequently withdrawn by the IHC.

He added that soon after the apex court’s direction, the registrar directed the sessions courts judge and the CDA to identify the courts constructed illegally on greenbelts and private land and remove them accordingly.

The registrar, however, stated that “the Capital Development Authority informed that it had been misstated before the august Supreme Court that some courts or structures relating thereto had been constructed within the demarcated area of the football ground.

It was unambiguously informed that no court nor any structures relating thereto had encroached or were illegally constructed within the demarcated area of the football ground.”

However, the CDA finally said some courts and structures were illegally constructed on a public commercial plot.

Besides the illegally constructed courts, some chambers on the said plot were also illegally constructed by enrolled advocates.

The IHC registrar said since the Supreme Court had already given two months for removal of the illegal chambers from the sessions courts premises, the CDA was asked to remove the illegal structure of the courts only.

Subsequently, the CDA executed the orders and confirmed that the illegally constructed courts had been removed.

Pursuant to the CDA’s action, a compliance report has also submitted to the Supreme Court on March 29, stated the registrar.

The registrar said the IHC chief justice had asked the registrar office to conduct a forensic audit to determine how some courts were constructed illegally and “to identify the persons/officials responsible for causing loss to the exchequer.”

Published in Dawn, April 12th, 2021


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## ghazi52

*Federal secretary asked to speed up legislation for personal data protection*


The Newspaper's Staff Reporter
April 21, 2021

KARACHI: The Sindh High Court on Tuesday directed the federal secretary, ministry of information technology and telecommunication, to expedite the process after it was informed that the proposed legislation regarding personal data protection of citizens was in the consultative phase.

The two-judge bench headed by Justice Mohammad Ali Mazhar granted one month to the secretary to submit a progress report on a request of a federal law officer.

When the bench took up a petition seeking an investigation into reports regarding a data breach of 115 million mobile phone users in Pakistan and its sale on the darknet for hearing, an AAG filed comments on behalf of the ministry of IT and telecommunication.

In its reply, the ministry stated that the draft of a Personal Data Protection Bill was ready and it was in the consultative process.



> Petition seeks probe into data breach of 115m mobile phone users in country


The AAG, Hussain Bohra, submitted that after the completion of the consultative process with the Pakistan Telecommunication Authority, the bill would be placed before the federal cabinet for approval and thereafter the legislation process would be completed.

When the bench asked why the matter was being delayed, the AAG contended that since there was only 50 per cent attendance in the offices due to the Covid-19 restrictions, the consultative process was being delayed [because of the shortage of manpower].

However, he assured the bench that he would remind the secretary of the ministry of IT and telecommunication to expedite the process so that the bill be placed before the cabinet and the legislative process be initiated.

On an AAG request, the bench granted 30 days for filing a progress report and directed its office to transmit a copy of the order to the secretary of the ministry IT and telecommunication and the attorney general for compliance.

Earlier, the bench had also directed the PTA to take all necessary preventive steps to save the mobile users’ data while a cybersecurity researcher of the PTA said an investigation was being conducted and the report was going to be completed soon.

The petitioner, Advocate Tariq Mansoor, had contended in the petition that there were reports of personal data breach of 115m Pakistani mobile phone users allegedly by the telecom service providers and the same was being shown on the darknet by some cybercriminals, who were demanding 300BTC ($2.1 billion) for the sale of the data.

He further argued that the data, including full names, complete addresses and CNICs of cellular users, was reportedly put for online sale and it was very alarming and affecting the privacy of citizens.

*Vawda’s plea*

The Election Commission of Pakistan on Tuesday informed the same bench during the hearing of a petition filed by Federal Minister Faisal Vawda challenging the jurisdiction of the ECP to hear complaints against him as the contract of the counsel engaged by it had expired.

The ECP law officer further submitted that now the assistant attorney general [AAG] would proceed in the present case on behalf of the ECP.

However, the bench adjourned the hearing till April 30 after the AAG requested for time to prepare the brief to argue the case.

The petitioner, through his lawyer, approached the SHC and contended that he was dissatisfied with the Feb 24 order of the ECP dismissing his application in which he had sought dismissal of all complaints pending against the petitioner seeking his disqualification.

_Published in Dawn, April 21st, 2021_


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## ghazi52

*LHC sets aside Punjab Code of Civil Procedure amendment ordinance*


The Frontier Post

LAHORE (APP): The Lahore High Court (LHC) on Monday set aside Code of Civil Procedure (Punjab Amendment) Ordinance 2021.

Justice Shahid Karim announced the short verdict on petition filed by vice chairman Punjab Bar Council and others challenging the amendments made in Code of Civil Procedure 1908 through the ordinance.

Barrister Ahmad Quyyum on behalf of the petitioners argued that Punjab government had introduced amendments in Code of Civil Procedure 1908 through an ordinance in 2021.

He submitted that through amendments in Code of Civil Procedure, one forum of appeal against a judgment of civil judge had been abolished and now instead of district judge appeal had to be filed in the high court.

He further submitted that Code of Civil Procedure Amendment Ordinance, 2021, amended sections 26 and 96 of CPC 1908. “Amendment in section 26 provides for a fixed time frame for the disposal of a civil suit. Similarly, by amending section 96, a time frame of 90 days has been fixed for the adjudication of appeal by an appeal court”, he added.

He submitted that all the amendments were made without consultation of the stakeholders and legal requirements were not fulfilled for the purpose. He pleaded with the court to set aside the ordinance as it was in violation of the Constitution. However, a law officer opposed the plea, saying that all requirements were fulfilled for the purpose.

The court, after hearing detailed arguments of the parties, set aside the ordinance after declaring the same in violation of the Constitution.


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## ghazi52

*IHC seeks report regarding actions against forced labour*


The court instructed the administration to continue its actions against the forced labour and adjourned hearing of the case.
APP
17 May 2021


ISLAMABAD: The Islamabad High Court (IHC) on Monday a sought detailed report from the district administration regarding actions against forced labour at bricks' kilns in the Federal Capital.

Chief Justice Athar Minallah heard the case relating to the forced labour at brick kilns. The state counsel informed the court about the measures taken by the Islamabad Capital Territory (ICT) district administration against the forced labour. He said first information reports (FIRs) had been registered against owners of several brick kilns for paying advance to the workers.

The district administration had provided facilities to the workers who wanted to go back to their homes, he added.

The chief justice appreciated the performance of district administration officials and directed them to submit a detailed report to the bench regarding the matter.

The court instructed the administration to continue its actions against the forced labour and adjourned hearing of the case.


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## ghazi52

PESHAWAR: The Peshawar High Court has granted bail to a Christian prisoner, who claimed that he has been detained for around eight years without trial as the records of his alleged crime and detention had gone missing in Khyber tribal district.

A bench consisting of Justice Musarrat Hilali and Justice Syed Arshad Ali directed prisoner Shakeel Masih to submit two surety bonds of Rs100,000 each and adjourned the hearing into his main petition, which requested the court to declare his confinement illegal, unconstitutional and against his basic rights.

The schedule of next hearing will be fixed later.

Saifullah Muhib Kakakhel, lawyer for the petitioner, contended that his client was arrested on Oct 8, 2013, apparently on the charge of his involvement in the murder of an army official in Khyber district (then Khyber Agency) of the erstwhile Federally Administered Tribal Areas.

He contended that his trial wasn’t concluded earlier and the relevant file had also gone missing.

Detainee claims kept behind bars without trial

The lawyer said the Khyber district and sessions judge continued to write the letter to the inspector general of Frontier Corps, district public prosecutor and relevant assistant political agent in ex-Fata for the production of the case file but it hadn’t been found.

He contended that it was revealed later that a judgment was passed by a court in ex-Fata, but it was neither signed by the court’s presiding officer nor was it available with the trial court.

An additional advocate general said the petitioner had the remedy available of filing an application with the trial court for his release on bail.

However, the bench observed that when the case file or records were not available with the trial court, how it would decide the petitioner’s plea.

In the main petition, the prisoner claimed that without assigning any reason, the trial court had been extending his judicial custody after every 14 days for keeping him imprisoned.

He requested the court to declare the orders of the trial court by granting judicial custody without recording any reason against the basic principles of criminal justice.

The respondents in the petition are the Khyber Pakhtunkhwa government through advocate general, KP inspector general of prisons, interior secretary, Khyber district public prosecutor and district and sessions judge, and Peshawar Central Prison’s superintendent.

Lawyer Kakakhel, who is known for public interest litigation, said the petitioner was arrested around eight years ago but no document to that effect was available, including the FIR.

He contended that there was no FIR or any incriminating evidence against him and that he was behind bars without any lawful justification.

The lawyer said his client hadn’t been provided with any document in line with the Code of Criminal Procedure related to his case.

He wondered when the records were not available with the trial court, then how it was possible for it to grant his judicial custody to keep him behind bars for an indefinite period.

Published in Dawn, July 4th, 2021

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## Blacklight

ghazi52 said:


> PESHAWAR: The Peshawar High Court has granted bail to a Christian prisoner, who claimed that he has been *detained for around eight years without trial *as the records of his alleged crime and detention had gone missing in Khyber tribal district.
> 
> A bench consisting of Justice Musarrat Hilali and Justice Syed Arshad Ali directed prisoner Shakeel Masih to *submit two surety bonds of Rs100,000 each *and adjourned the hearing into his main petition, which requested the court to declare his confinement illegal, unconstitutional and against his basic rights.
> 
> The schedule of next hearing will be fixed later.
> 
> Saifullah Muhib Kakakhel, lawyer for the petitioner, contended that his client was arrested on Oct 8, 2013, apparently on the charge of his involvement in the murder of an army official in Khyber district (then Khyber Agency) of the erstwhile Federally Administered Tribal Areas.
> 
> He contended that his trial wasn’t concluded earlier and the relevant file had also gone missing.
> 
> Detainee claims kept behind bars without trial
> 
> The lawyer said the Khyber district and sessions judge continued to write the letter to the inspector general of Frontier Corps, district public prosecutor and relevant assistant political agent in ex-Fata for the production of the case file but it hadn’t been found.
> 
> He contended that it was revealed later that a judgment was passed by a court in ex-Fata, but it was neither signed by the court’s presiding officer nor was it available with the trial court.
> 
> An additional advocate general said the petitioner had the remedy available of filing an application with the trial court for his release on bail.
> 
> However, the bench observed that when the case file or records were not available with the trial court, how it would decide the petitioner’s plea.
> 
> In the main petition, the prisoner claimed that without assigning any reason, the trial court had been extending his judicial custody after every 14 days for keeping him imprisoned.
> 
> He requested the court to declare the orders of the trial court by granting judicial custody without recording any reason against the basic principles of criminal justice.
> 
> The respondents in the petition are the Khyber Pakhtunkhwa government through advocate general, KP inspector general of prisons, interior secretary, Khyber district public prosecutor and district and sessions judge, and Peshawar Central Prison’s superintendent.
> 
> Lawyer Kakakhel, who is known for public interest litigation, said the petitioner was arrested around eight years ago but no document to that effect was available, including the FIR.
> 
> He contended that there was no FIR or any incriminating evidence against him and that he was behind bars without any lawful justification.
> 
> The lawyer said his client hadn’t been provided with any document in line with the Code of Criminal Procedure related to his case.
> 
> He wondered when the records were not available with the trial court, then how it was possible for it to grant his judicial custody to keep him behind bars for an indefinite period.
> 
> Published in Dawn, July 4th, 2021


Right now Anger, Shame, and Disgust is what I am feeling.

8 years of a mans life have been wasted, and to add salt to his injury he has to furnish a Rs200k bond!

WTH is wrong with our people!

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## ghazi52

Blacklight said:


> Right now Anger, Shame, and Disgust is what I am feeling.
> 
> 8 years of a mans life have been wasted, and to add salt to his injury he has to furnish a Rs200k bond!
> 
> WTH is wrong with our people!


 Yes, I also feel shame on this justice system.

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## ghazi52

*New LHC chief justice sworn in*








*Our Staff Reporter*
July 07, 2021


LAHORE - Punjab Governor Ch Sarwar administrated oath to the new Chief Justice of Lahore High Court (LHC), Justice Ameer Muhammad Bhatti on Tuesday in a ceremony held at Governor House. Talking to media after the ceremony, the governor congratulated the newly sworn in Chief Justice Lahore High Court,

Justice Ameer Bhatti and extended best wishes to him. He said that the PTI government was taking all necessary steps to strengthen all institutions including the judiciary. He said that full cooperation would be extended to the judiciary to remove the obstacles in the way of justice. “The mission of the government under the leadership of Imran Khan is to provide all basic facilities to the people including justice,” he said, adding that it was essential to ensure provision of speedy justice to the masses for the development and stability of a society. “We expect that under the supervision of the new Chief Justice Lahore, the judiciary will work passionately to ensure justice to the people of Punjab. When all institutions work together to deliver justice, the people will surely get immediate justice,” he observed. Punjab Chief Minister Sardar Usman Buzdar, Corps Commander Lahore Lt-Gen Abdul Aziz, and other dignitaries were also present on the occasion.


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## ghazi52

The Islamabad High Court (IHC) has noted that the National Accountability Bureau’s (NAB) decision to arrest PML-N senior leader and former planning minister Ahsan Iqbal during its inquiry into a sports complex case was abuse of power.

The country’s top accountability watchdog arrested Iqbal in December last year over alleged irregularities in a sports complex constructed in his hometown of Narowal.

A division bench of the IHC, headed by Chief Justice Athar Minallah and comprising Justice Lubna Saleem Pervez, on February 25 granted bail to the PML-N leader. The court has now issued its detailed verdict.

The verdict said the NAB additional prosecutor general failed to persuade the court that the incarceration of the PML-N leader was justified on the touch stones of law.

“It appears from the record that the petitioner was voluntarily cooperating with the investigation officer. The case was at the stage of ‘inquiry’ and had not been converted to the next stage – investigation. The petitioner at the present stage of proceedings is considered innocent,” it said.

The verdict said Ahsan Iqbal is an elected representative – is not disqualified as a member of the National Assembly – and his unnecessary incarceration particularly when he is cooperating in the inquiry is likely to expose the constituents to hardship as well.

“The bureau has not been able to persuade us that further incarceration of the petitioner would serve any useful purpose or that it is necessary for completion of the proceedings pending under the [National Accountability] Ordinance (NAO) 1999.”

It said there is nothing on record to “establish mens rea” on part of the petitioner nor has it been alleged by the bureau. “The bureau has not alleged that the petitioner had gained any financial benefit,” the 10-page verdict said.

The court noted that mere allegation of misuse of authority would not justify depriving an accused of liberty because an irregularity or a wrong decision sans criminal intent, mens rea and illegal gains and benefits does not attract the offenses under the NAO, 1999.


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## ghazi52

*NAB yet to establish its case against Kh Asif: LHC*

Wajih Ahmad Sheik
July 8, 2021 -






A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.— Reuters

A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.— Reuters/File
LAHORE: A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.

“Neither there is any tangible material, nor even any circumstantial material to prima facie conclude that remittance of Rs 107 million was generation of the proceeds of crime,” says the verdict issued by a two-judge bench comprising Justice Aalia Neelum and Justice Syed Shahbaz Ali Rizvi.

The bench observes that the special prosecutor, responding to queries, categorically admitted that it was not a case of the prosecution that the petitioner acquired assets after receiving any kickbacks or any ill-gotten money or misuse of authority or corruption.

“In view of the statement of the special prosecutor it is not case of the prosecution that the petitioner, by abusing his position, had acquired assets disproportionate to his known sources of income,” it remarks.

Detailed verdict says MNA caused no loss to exchequer

The bench observes that the foreign remittance declared in income tax returns carries the presumption of truthfulness.

“Even the FBR record regarding the petitioner’s claim has supplemented his claim qua the properties, income gained by him and foreign remittance. It is an admitted position that the petitioner did not cause any loss to the government exchequer,” the 18-page judgement states.

The judges express their surprise over the changed stances of the NAB in two reports filed with the court. In its first report on April 28, 2021, the bureau claimed that Asif and his wife had withdrawn salary of Rs29.717 million and Rs10.692 million. Whereas in the subsequent report on June 18, 2021, the salary drawn by Asif and his wife was collectively shown as Rs28.772 million.

The bench notes that the special prosecutor has failed to explain any plausible reason for the decrease in salary of the petitioner and his wife from Rs40.509 million to Rs28.772 million. Similarly the income from business was also shown decreased from Rs82.186 million to Rs50.1569 million without any plausible reason, it adds.

The bench further observes that the audit unit report of 2014 revealed that no discrepancies were found during the conduct of the audit.

It states that a representative of UAE-based International Mechanical and Electrical Company (IMECO) wanted to come to Pakistan, however, the investigating officer did not include the representative of the Dubai company in the investigation.

It says Asif declared his overseas income in his income tax returns but the NAB did not verify his overseas money from 2004 to 2008 with the embassy.

“All above said circumstances make out case of the petitioner one of further inquiry. The prosecution has yet to establish its case before the trial court,” the bench rules.

The bench had granted the bail to Asif on June 23 last through a short order.

The NAB had arrested Asif from Islamabad on Dec 29, 2020 and later shifted him to Lahore where he remained on physical remand till Jan 22, 2021. The former minister is also a sitting MNA of PML-N from NA-73, Sialkot.

The NAB had initiated the inquiry on the complaint of Pakistan Tehreek-i-Insaf’s leader Usman Dar, who had lost his 2018 general election against Asif.

Published in Dawn, July 8th, 2021


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## ghazi52

*LHC rejects bails of individuals involved in selling artificial milk*






https://nation.com.pk/NewsSource/web-desk
*Web Desk*
1:11 PM | August 12, 2021


Lahore High Court (LHC) has dismissed bails of those involved in selling artificial milk on Thursday.

The judge stated during the hearing that the court has declared the suspects as enemies of humanity, and such people are defaming the name of the country. 

Stern action must be taken against such people, the court further ordered while rejecting the bails.


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## ghazi52

*FIA identifies 54 members alleged currency mafia*


The Frontier Post








PESHAWAR: Federal Investigation Agency had identified 54 member mafia allegedly involved in storage of dollar which are causing devaluation of Pakistani currency and affecting national economy.

This was disclosed by Director FIA KP Nasir Mahmood Satti before Peshawar High Court during hearing bail petitions of different currency dealers.

The two-member bench comprising of Chief Justice Peshawar High Court Justice Qaiser Rashid and Justice Shakeel Ahmad hearing bails petitions in which petitioners were arrested under 3MPO while put behind the bars for one month by Deputy Commissioner orders.

The counsels for petitioners including Shabbir Hussain Gigyani, Qaiser Zaman and Azhar Yousaf informed PHC that FIA had conducted various raids against culprits involved in illegal business of currency and arrested several outlawed but the petitioners had arrested under 3MPO which is against the constitution and law.

Director FIA informed PHC that 37 of 54 members currency mafia belongs to Khyber Pakhtunkhwa province and added that after against the mafia dollar has been devalued from Rs,178 to Rs,173 while Chief Justice Qaiser Rashid remarked that competent authorities are now aware from the situation while it is continue since years.

Laterally, PHC granted bails to petitioner on two personal sureties and Rs.2 million.


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## ghazi52

The Frontier Post

ISLAMABAD (APP): A division bench of Islamabad High Court (IHC) on Wednesday removed the objections of registrar office on acquittal plea of Pakistan Muslim League Nawaz (PML-N)’s Vice President Maryam Nawaz in Avenfield property reference and clubbed the case with main appeals.

The hearing on the appeals was then adjourned till October 13.

A two-judge bench comprising Justice Aamer Farooq and Justice Mohsin Akhter heard the appeals of Maryam Nawaz and her husband Cap. (r) Safdar against their convictions in graft reference.

At the outset of hearing, Maryam Nawaz arrived at the court rostrum. Howe-ver, the court instructed her to take her seat.

The bench noted that a separate petition had been filed by the accused and the registrar office had raised objections on it.

The court, however, removed the objections of registrar office on miscellaneous petition and clubbed the case with other identical petitions.

Maryam’s lawyer Irfan Qadir clarified that this petition was not against any institution. His clients, he said, respected the national institutions.

Meanwhile, Irfan Qadir opposed the plea of National Accountability Bureau (NAB) seeking daily hearing and decision within one month in appeal of Maryam Nawaz.

He pleaded National Accountability Bureau’s request was unnecessary and prayed the court to turn it down.
The lawyer also received the court notices on another NAB plea also seeking daily hearing on appeal on Capt. (r) Safdar.

The court clubbed the petitions with main appeals and adjourned the case till October 13.


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## ghazi52

*No roadblocks during cricket matches: LHC*






https://nation.com.pk/NewsSource/web-desk
*Web Desk*
4:35 PM | October 14, 2021


The Lahore High Court (LHC) Thursday ordered the office of the Home Secretary, Punjab to not block the roads during national and international cricket matches.

Hearing a petition which called the court’s attention to the matter, the judge asked the authorities: “Who ordered you to block [entire] road [sections] during the matches?”

At this, the Chief Traffic Officer (CTO) of Lahore told the court these instructions are issued by the Home Department. “No police policymaking is involved in the decision,” he said.

During the hearing, the home secretary personally appeared in the court.

During the hearing, Justice Shahid Karim said Lahore has become one of the most polluted cities in the world and the atmosphere is polluted because of intense smog.

The court said no roads will be blocked during cricket matches whether local or international. Responding to the directive, the official assured the court an alternative traffic plan would be issued to maintain the flow of traffic during the games.

“If the Pakistan Cricket Board is hosting international events, they should accommodate the teams near the stadiums,” Justice Karim said, observing closing or blocking roads was not a solution.

“Every time an international event is scheduled in Pakistan, the first step taken by authorities is to block roads and traffic, people often complain,” the judge said.

“When the New Zealand cricket team arrived in Rawalpindi, the Cricket Stadium Road was closed for all the matches.

Murree Road from Faizabad to the Double Road was closed every time the cricket teams arrived at the stadium or left. People were told to use alternative routes to avoid inconvenience.”


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## ghazi52

*Qasr-e-Fatima-landmark SHC verdict*

Abu Sohrab 
18 Oct 2021

In a landmark judgement the Sindh High Court on 13 June 2021 ruled that the premises of Qasr-e-Fatima, commonly known as Mohatta Palace, in Clifton, Karachi, would be used to set up a medical and dental college for girls. The court's order, mutually agreed by both parties to use the premises as a girls' dental college and also have a hostel, is highly commendable. 

However, it must be ensured that the status of the building of Qasr-e-Fatima shall not be altered or changed; it's kept intact as a museum for awareness and appreciation of the cultural heritage of Pakistan. It is one of the top ten tourist attractions of Karachi. Qasr-e-Fatima (Mohatta Palace) is a heritage-protected building. Mohatta Palace was acquired by the Government of Pakistan in 1947 to set up Ministry of Foreign Affairs.

After the Foreign Office was shifted to Islamabad in 1964, the palace was given to Mohtarma Fatima Jinnah. After her demise in 1967, her sister Shireen Bai lived there until her death in 1980. In 1995, it was purchased by the Sindh government for a sum of Rs 6 million.


Abu Sohrab (Karachi)
Copyright Business Recorder, 2021


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## ghazi52

*PHC directs to monitor situation of marble factories waste*

The Frontier Post







Humayun Khan


PESHAWAR: The divisional bench comprising of Chief Justice Peshawar High Court Justice Qaiser and Justice Ijaz Anwar directed Assistant Commissioner Jamrud and Environmental Protection Agency (EPA) to visit Malagori Marble Factories to monitor the situation, on Thursday.

The direction was granted hearing of case filed by Ibrar-u-Din seeking to stopped marble factories from expelling wastage to clean water which not only impacted health but also hazardous for the environment.
Additional Advocate General Syed Sikandar Hayat Shah, Assistant Commissioner Jamrud and Director General (EPA) appeared before the court.

During hearing Chief Justice remarked that we are wanting that business activities continues in tribal areas but it is necessary that clean drinking water is also available for the people and protection of environment is also mandatory. He added that impurities are flowing like poison in the human body.

The petition further stating that the marble factories in Malagori are discharging industrial impurities to clean water, which not impacting human and livestock while environment is also on stake.


AC Jamrud informed that some factories had started construction of safety tanks on which Chief Justice remarked that appreciate the owners who are taking steps for protection of environment.

DG EPA informed that consultation had been made for several times with for the issues but to no veil however EPA continues monitoring of the site.

The two-member bench directed to appreciate the owner who are prioritizing the environment while take action against factories how are polluting the water resources and adjourned further hearing.


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## ghazi52

*'Persecuting the already persecuted': LHC sets aside BZU order suspending admission of Ahmadi student*

Rana Bilal
October 29, 2021






A file photo of the Lahore High Court building. Photo courtesy: LHC website

The Lahore High Court on Friday set aside Bahauddin Zakariya University's (BZU) order to suspend the admission of a student belonging to the Ahmadi community, terming the varsity's move as "persecution".

Umer Taimur Tahir was enrolled in the Pharm-D programme on a minority quota at the BZU in September. However, the university had on Oct 11 suspended his admission without informing him, according to the court order, and without giving reasons for doing so.

The university had also claimed at the time that the matter was being contested in the LHC, a claim that was "gratuitous, unwarranted and untrue", according to the court.

The student, in a petition with the high court, had challenged the varsity's move to supsend his admission, saying he was "treated as an object and not a human being".

"Some event which is not discernible from the record and about which the petitioner has no information or knowledge allegedly took place by virtue of which his admission has been suspended without informing him, without hearing him, without providing any reason for the same," Tahir's petition read.

In his order, a copy of which is available with _Dawn.com_, Justice Muhammad Shan Gul noted that the student's suspension "amounts to persecuting the already persecuted!"

He said the varsity's decision depicted scant regard for students along with "a conscious disregard for minority rights".

The court also ordered the vice-chancellor to inquire into the matter and find out why the petitioner had been singled out "for such callous and insensitive treatment".

Justice Gul pointed out that Article 36 of the Constitution provided for safeguarding the legitimate rights and interests of minorities. "Even this right contained in Article 22 and the principle of the policy contained in Article 36 of the Constitution clearly protect the petitioner from such attacks," the judge remarked.

The court ordered that the student's petition, along with the copy of the court order, should be sent to the vice-chancellor "so he could take a paternalistic view in the matter and ensure that the petitioner is not dealt a marked hand."


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## ghazi52

https://nation.com.pk/NewsSource/inp
*INP*
November 08, 2021


*The Sindh High Court has ordered to evacuate the entire Makkah Terrace building in order to bulldoze* the extra spaces illegally occupied by the builder. The court has also directed the builder to shift the residents of the complex to rented houses and bear the rent expenses himself.
Sindh High Court Justice Zafar Ahmad Rajpoot heard the Makkah Terrace building case on Monday in Karachi. 


Justice Rajpoot ordered to vacate the whole building and directed the builder to arrange for the residents substitute accommodation on rent within 15 days. He asked the builder to pay the rent for himself. 

The justice also directed the builder to bear expenses of pulling down the extra spaces occupied illegally. 

The court observed when the extra spaces would be demolished, the price of the building would automatically go down. The court asked the builder to give back extra money to the residents.

Justice Rajpoot ordered the petitioners lawyer to ask the builder if he could willingly do these things then its good. If not, then the court would release an order in this regard, the justice said adding that the court would issue such an order that might thwart builders to do business in future.


> Prices of sugar will come down in few weeks: Hammad Azhar



The court asked the builders lawyer to submit his reply on its suggestions. 
It also sought progress report on the action against the Sindh Building Control Authoritys officials who were involved in the wrongdoing. It also summoned report on action against the builder. 
The court adjourned the hearing till Wednesday. 

Earlier, the Sindh Building Control Authority (SBCA) had halted the demolition operation at Makkah Terrace upon the resistance of the residents.

The team had reached to raze the structure on the orders of the Sindh High Court (SHC) earlier this week. As the SBCA team started to demolish few parts of the building, the residents of the building came out of their houses and started raising slogans.

It is to be noted that the case of illegal constructions in the city was heard in the Sindh High Court. During the hearing, the court expressed anger over the DG Sindh Building Control Authority (SBCA).

Justice Zafar Rajput had remarked that the performance of SBCA is zero, decisions are given but no action is being taken.

Justice Rajput asked the DG SCBA that how these buildings are being built? When the buildings are built, the officers are asleep. Tell me, what action has been taken against the responsible officers?

Expressing anger, the SHC judge had remarked, What! were you sleeping before? You are standing here but your officers are not taking any action.

The SHC, while ordering action against the four-storey portion of Makkah Tower, said that whatever is illegal should be demolished and a report should be submitted within a month.


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## ghazi52

Any marriage under age of 18 declared illegal​Terence J Sigamony 
02 Mar, 2022

*ISLAMABAD: The Islamabad High Court (IHC) declared that a marriage contract in which one of the parties is a child under the age of 18 is a contract executed for an unlawful purpose and is void ab initio. Justice Babar Sattar, who authored 56-page judgment, wrote; “A child is defined as a person who has not attained the age of 18 years. A child is required to be placed in somebody’s care whether it is a parent or guardian or other caregiver appointed on behalf of the state. Complete agency to grant informed consent for purposes of entering into contract, including, inter alia, a marriage contract cannot be attributed to such child.”*

Mother of Swera Falak Sher, who was born on March 07, 2006, had filed the petition seeking the recovery of her daughter. Later due to the court order minor (Swera) was produced before the Court. She stated in the court that she had married respondent No. 1 and was unwilling to go along with her mother to her family home. This Court then ordered that the Minor be lodged in Dar-ul-Aman.

A female child below the age of 18 cannot be deemed competent to freely grant her consent to enter into a marriage contract merely because she manifests the physical symptoms of having attained puberty. In view of provisions of the Muslim Family Law Ordinance, 1961, Islamabad Capital Territory Child Protection Act, 2018 and PPC, when read together, while being guided by principles of Islamic jurisprudence and Principles of Policy enshrined in the Constitution, (including state’s obligation to protect the woman, the child and the family), the test for legal agency and competence of a female child is her biological age and not her state of physical and biological growth.

Copyright Business Recorder, 2022


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## ghazi52

,.,.,
PHC orders handover of assets to tehsil govts in 10 days​
PESHAWAR: The Peshawar High Court on Thursday directed the Khyber Pakhtunkhwa government to notify within 10 days the assumption of offices by the chairmen and members of local councils and handing over of the assets of former district governments to the new tehsil ones.

A bench consisting of Justice Musarrat Hilali and Justice Syed M Attique Shah issued the directions while disposing of a petition filed by Mardan city mayor Himayatullah Mayar for the provision of multiple reliefs.

The main prayer of the petitioner was the issuance of orders for the provincial government and Election Commission of Pakistan to administer oath to the tehsil council chairmen and members elected during the first phase of local body elections in 17 districts on Dec 19.

The petition was filed early this month. However, the elected chairmen/mayors and members of tehsil councils and village and neighbourhood councils respectively, were sworn in on March 15.

The petitioner also called for the court’s orders to the government to notify the assumption of their respective offices by the council chairmen and members, and order the handing over of the movable and immovable properties, assets, staff, rights and liabilities of the then district government to the respective tehsil governments.

The petitioner’s counsel, Babar Khan Yousafzai, contended that after the petition was filed, the respondents had administered oaths to the elected council chairmen and members.

He, however, said the government had been delaying action on the other two issues highlighted in the petition.

The lawyer said after the taking of oath, the government had to notify the assumption of offices by the chairmen or mayors and members, but the notification had so far not been issued.

He said under the law, the government was bound to order transferring of movable and immovable properties, assets and staff of the former district governments to the respective tehsil governments.

Mr Yousafzai wondered where the elected chairmen/mayor and members would sit when the government wasn’t transferring properties to the respective tehsil governments.

Additional advocate general Rab Nawaz Khan contended that the government had already administered oath to the tehsil council chairmen and members and would issue the required notification and order the transfer of assets.

The bench wondered how many days the government would take to issue the required notifications. However, the law officer did not specify any date for that purpose.

The bench ordered the issuance of notifications in 10 days.

In lighter vein, the bench observed that it hoped that the notifications would be issued in the given time and the petitioner won’t need file a contempt petition.

The respondents in the petition were the provincial government through the local government secretary, ECP through chief election commissioner, and provincial election commissioner.

Mr Yousafzai contended that under the rules mentioned in the KP Local Government Act (Amendment), 2019, Section 79(1), the term of a local council shall be four years commencing on the date on which it holds the first meeting.

He said the law showed that the first meeting should be held not later than 15 days from the day on which the names of its members were notified.

The lawyer said under Section 121-A(1) of the said Act, the petitioner was entitled to be handed over the movable or immovable properties, assets, staff, rights and liabilities of the then district government.

_Published in Dawn, March 18th, 2022_
.,.,.,.


----------



## ghazi52

.,.,.,.
*The Islamabad High Court (IHC) on Monday suspended its earlier order directing the Election Commission of Pakistan (ECP) to decide the foreign funding case against the Pakistan Tehreek-i-Insaf (PTI) in 30 days.*

A two judge bench, presided by Chief Justice Athar Minallah and including Justice Babar Sattar, suspended the earlier order given by the court's single-judge bench comprising Justice Mohsin Akhtar Kayani.

In his ruling earlier this month, Justice Kayani had dismissed PTI's petition seeking to keep its foreign funding confidential terming it "non-maintainable" and "misconceived". He had also rejected the request to prevent giving access of the case's record to dissident PTI founding member Akbar S Babar and a request to remove him from the case proceedings.

The PTI had filed petitions on January 25 and 31 regarding the above two requests that were subsequently rejected by the ECP on March 15. The party had then filed a petition challenging the ECP's decision to dismiss the pleas.

"The claim submitted by the petitioner (PTI) is not maintainable as petitioner itself is not able to demonstrate any of his legitimate rights when [it] itself is in agreement that respondent No 2 (Babar) can participate in the proceedings to the extent of information which he has provided to the scrutiny committee or the ECP, therefore, this petition is not based upon bona fide, rather filed with specific motive, just to stop respondent No 2 Akbar Sher Babar to participate in the proceedings, which has already been settled by this court in the previous proceedings," the court order had said.

It had added that the instant writ petition was "misconceived" and dismissed it along with directing the ECP to decide the pending complaint against PTI within a "period of next 30 days by all means, after hearing the parties in accordance with law”.

Subsequently, PTI had filed an intra-court appeal last week challenging IHC's decision. It had stated that the single-member bench held that the ECP was a constitutional entity by itself and the IHC had no supervisory jurisdiction over it.

The appeal had also argued that the order amounted to “intruding into the ECP’s domain”.

The PTI had expressed reservations over Justice Kayani’s remarks that “if any of the party funding had been received through prohibited sources, it will affect the status of such political party, including its chairman. Therefore, it is necessary to dig out the truth”.

According to the appeal, these observations were not warranted as the “judge was not mandated to use such harsh language to the utter disadvantage of the appellant”.

During the hearing today, PTI counsel Shah Khawar argued that Justice Kiyani had used harsh language and phrases such as "face the music" in his order. He said that a single-judge bench didn't have the power to pass such an order.

"Technically, this case doesn't even fall under foreign funding. It falls under prohibited funding," he contended.

Subsequently, IHC CJ Minallah observed that ECP was a "Constitutional institution" and suspended the court's previous order. He said that ECP was responsible for scrutinising the accounts of all political parties every year.

"As per the law, if prohibited funding is found, it should be seized. But when the scrutiny is complete and the report has been submitted, why is the ECP still hearing the case?" he remarked.

Meanwhile, the court combined PTI's petition against ECP's alleged bias with the intra-court appeal and issued notices to the ECP, 17 political parties, and PTI's Akbar S Babar. It has summoned their responses by May 17.

Foreign funding case​The foreign funding case is pending since November 14, 2014. The case was filed by Babar who had alleged serious financial irregularities in the PTI’s funding from Pakistan and abroad.

On January 4 this year, the ECP’s scrutiny committee, formed in March 2018 to examine the PTI’s foreign funding in one month, finally submitted its report after 95 hearings and nearly four years.

The report, based on eight volumes of record requisitioned through the State Bank of Pakistan, proved that the PTI leadership had committed gross violations of funding laws by allowing the collection of millions of dollars and billions of rupees without any source and details from foreigners, including Indian nationals and foreign companies.

The ECP heard the case on no less than 75 occasions and passed at least 21 orders directing the PTI to file documents and financial records, but there had been no response so far. “The PTI sought written and/or oral adjournment on various pretexts to delay the case,” the commission said.

Subsequently, in March, a delegation of the joint opposition comprising representatives from the PML-N, PPP, JUI-F, ANP and BNP called on Chief Election Commissioner (CEC) Sikandar Sultan Raja and submitted a letter demanding early conclusion of the case.

They stated that the foreign funding case is a matter of national security, upholding rule of law, democratic norms and neutrality and credibility of the ECP.

"There is no doubt that the PTI’s delaying tactics are meant to delay the final verdict, which is imminent, including that from the SBP. Now there is no moral or legal reason left to further delay the case," the letter said.

It added that PTI was in contempt of the ECP for not filing its comments on the scrutiny committee’s report shared with it since January 4 despite repeated verbal commitments before the ECP. The last such commitment was made by the PTI on March 1 when it committed to submitting its comments on the scrutiny committee’s report in two days.

The opposition also demanded that the foreign funding case be concluded on March 15 and, if at all needed, the case be heard on a daily basis to ensure final judgement as soon as possible.


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## ghazi52

,.,.,.
*ISLAMABAD (INP): The Islamabad High Court (IHC) declared Wednesday the construction of Navy Golf Course in the Margalla Hills National Park illegal and ordered the defence ministry to inquire into the illegal construction of the gold course.*

In a detailed 108-page verdict, the IHC also directed the defence secretary to conduct a forensic audit to assess the damage to the national exchequer. The court also rejected the claim of the Remount, Veterinary and Farms Directorate of Pakistan Army about the ownership of 8068 acres of land in the national park.

The lease agreement of the Remount, Veterinary and Farms Directorate of Pakistan Army with Monal Restaurant was also declared illegal by the court. IHC Chief Justice Athar Minallah wrote and signed the verdict before leaving for the Eid holidays, and it was released on Wednesday (today). The report of the Islamabad Environmental Commission was also included in the 108-page verdict.

“The state and the government officials are bound to protect the Margalla Hills,” the court said. “The state has the responsibility to take action against those who violate the fundamental rights of the people,” it added. “Ironically, the state institutions are also involved in the desecration of the notified protected area of the Margalla Hills,” it stated.

“The Pakistan Navy and the Pakistan Army took the law into their own hands and violated the enforced laws,” the court declared. “It was an ideal case of the power of elite and undermining the rule of law,” it pointed out. The court further said that the state had the duty to take steps to lessen damages to the Margalla Hills to prevent further destruction. It merits a mention here that the court had earlier issued a summary judgment in the case on January 11, 2022.


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## ghazi52

,.,.
ISLAMABAD/LAHORE: The Islamabad High Court (IHC) issued notices to the National Assembly speaker, its secretary and the Election Commission of Pakistan (ECP) on Thursday on a petition filed by the PTI against “piecemeal” acceptance of its lawmakers’ resignations.

The PTI has argued that the resignations of all its 123 MNAs had been accepted months ago and the present National Assembly speaker had no “lawful authority or jurisdiction” to verify the resignations as former deputy speaker Qasim Suri had already approved them.

All PTI lawmakers, except dissidents, resigned en masse on April 11, two days after former prime minister Imran Khan was ousted from the top office after losing a confidence motion in parliament.

Later that month, Mr Ashraf decided to verify the resignations of the 123 PTI lawmakers by calling them individually or in small groups, but they couldn’t show up after party chief Imran Khan barred them from appearing before the speaker.

On July 27, National Assembly Speaker Raja Pervaiz Ashraf accepted the resignations of only 11 PTI lawmakers, including Dr Shireen Mazari, Ali Muhammad Khan and Farrukh Habib.

During the hearing on Thursday, PTI’s counsel Faisal Chaudhry submitted the copy of Mr Suri’s approval of resignations to the IHC acting chief justice.

The court issued notices to the National Assembly speaker, its secretary and the ECP, and set the next hearing for Aug 16.

The PTI petition said 123 MNAs gave their resignations on April 11 after the PTI’s parliamentary party meeting presided over by Mr Khan in a committee room at Parliament House. However, the present speaker withheld these resignations and did not forward them to the ECP on the pretext of “so-called verification”, it said.

“Now after the lapse of around three and a half months, the National Assembly speaker has approved resignation of only 11 MNAs of the PTI” and forwarded them to the election commission, which had de-notified the lawmakers, it said.

The party requested the court to direct the speaker to accept all resignations at once. Similarly, ECP should also be directed to denotify all PTI lawmakers en masse.

*Raja Riaz’s removal*

Also on Thursday, the Lahore High Court directed the NA speaker to take a decision within 30 days on an application requesting the removal of Leader of the Opposition Raja Riaz.

Justice Muzamil Akhtar Shabbir, while taking up the case, wondered how the system would function if members of the assembly sat outside parliament and how one could oppose while sitting outside parliament.

He observed that parliament would have to conduct the election for the post opposition leader while completing the procedure in accordance with the law, but there was no other candidate in running, except Raja Riaz.

When the judge asked what the Constitution said when there was only one candidate before the NA speaker, the additional attorney general replied that the speaker fixed a day for the nomination of the NA opposition leader immediately after the contest for the premier and that the speaker nominated Raja Riaz through all due processes.

The court remarked that the petitioner was not a member of parliament and asked whether an ordinary citizen could file a complaint or not.

During the proceedings, petitioner Munir Ahmed’s counsel Advocate Azhar Siddique informed the court that an application had been submitted earlier to speaker for removal of the opposition leader, but no action was taken. Raja Riaz was holding this position without the consent of his party (i.e. PTI), he argued.

He claimed that the nomination of Raja Riaz as opposition leader was in “sheer violation” of rules 39, 43 and others of the ‘Rules of Procedure and Conduct of Business in the National Assembly, 2007 (“the Rules”)’.

Advocate Azhar argued that all resignations recently presented in the National Assembly were not accepted and the Election Commission of Pakistan (ECP) had not de-notified them.

Referring to a case, he said the IHC chief justice had held: “It is an admitted position that Dr Shireen Mazari continues to enjoy the status of a member of the Majlis-i-Shoora (parliament). She has not been de-notified by the Election Commission of Pakistan nor has the worthy Speaker of the National Assembly accepted her resignation in accordance with the principles and law highlighted by a division bench of that court.”

The counsel contended that the order clearly stated that the resignations had not been accepted by the NA speaker nor had the ECP de-notified the said members.

“If the said practice was not completed in accordance with procedure, then how is the respondent, Raja Riaz, appointed as the opposition leader?” he asked.

The court directed the NA speaker to decide the application seeking removal of the opposition leader within 30 days and adjourned the hearing till next date.

_Published in Dawn, August 5th, 2022_


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## ghazi52

,.,.
SHC suspends ministry notice on ARY News​Kalbe Ali | Ishaq Tanoli
August 14, 2022

KARACHI/ISLAMABAD: The Sindh High Court on Saturday suspended an interior ministry notice until Aug 17 that cancelled security clearance of _ARY News_.

A bench comprising Justice Adnan Iqbal Chaudhry also issued notices to the interior secretary, the chairman of Pakistan Electronic Media Regulatory Authority, a federal law officer and other defendants for the hearing on Aug 17.

On Saturday, the _ARY News_ management filed a lawsuit in the high court challenging an interior ministry notice issued on Aug 11 directing Pemra to cancel the NOC issued to _ARY News_ “with immediate effect and until further orders on the basis of adverse reports from agencies”.

The counsel said the SHC directed Pemra on Aug 10 to restore the transmission of _ARY News_ and restrained it from suspending or revoking the channel’s licence until Aug 17. However, that order was not complied with and instead the ministry issued the notice to Pemra, he said.



> Media organisations demand channel be restored immediately



He asserted that Saleem Baig was reappointed as Pemra chairman on Aug 12 and he proceeded to call a meeting of the regulatory body on the same day in which he withdrew _ARY News_ security clearance and declined its application pending for the renewal of its broadcast licence in view of the notice issued by the ministry.

The _ARY’s_ counsel argued that the channel’s application for licence renewal was pending with Pemra since September 2019 and the ministry already issued a security clearance on Nov 10, 2021. He contended that security clearance was cancelled in bad faith, politically motivated and aimed at stifling the right of free speech. He said Pemra chairman was appointed overnight without any advertisement apparently to “fix” the channel.

Pemra lawyers, along with a deputy attorney general, argued that the suspended notice was not unsubstantiated and the underlying adverse reports received from agencies would be shared with the court and requested that no interim order be passed until such time.

*Media bodies slam govt*

Meanwhile, media bodies have slammed the government‘s move to ban _ARY News_ and demanded the authorities restore the channel. Expressing concerns about the cancellation of _ARY News’_ NOC, the Pakistan Broadcasters Association (PBA) in a statement asked the authorities to follow due legal process and give the channel an opportunity to explain its position.

“The PBA has always supported responsible journalism and freedom of expression within the parameters of the Constitution. Any violations of the electronic media code of conduct endorsed by the Honourable Supreme Court of Pakistan must be dealt with by following the legal process,” it said.

The Association of Electronic Media Editors and News Directors has also demanded the government immediately withdraw a notification cancelling the NOC issued to _ARY News_ and noted that the government’s decision had put the jobs of hundreds of workers in jeopardy.

In a joint statement, Pakistan Federal Union of Journalists (PFUJ) President Afzal Butt and Secretary General Arshad Ansari noted that the government had ignored the Sindh High Court’s order to restore the TV channel by 7pm on Aug 12.

The PFUJ also held a large demonstration outside the _ARY’s_ Islamabad office to show solidarity with the channel. Mr Butt has said the journalists’ body would launch agitation across the country if the channel was not restored.

“It is feared that the negative report of the agencies could be used as a justification to strangle other TV channels in the future,” the PFUJ said.

_Published in Dawn, August 14th, 2022_


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## ghazi52

,.,..,
IHC quashes three FIRs against KP chief minister​Malik Asad 
October 8, 2022

ISLAMABAD: Justice Tariq Mehmood Jahangiri of Islamabad High Court (IHC) on Friday quashed three first information reports (FIRs) registered against the Khyber Pakhtunkhwa (KP) chief minister in connection with violence during PTI’s long march in the capital.

KP Chief Minister Mehmood Khan and others were booked in one FIR registered with Kohsar police and two with Tarnol police.

The police registered the FIRs alleging that the PTI launched a protest against the government and held processions on May 25 and 26th.

The party’s chairman, Imran Khan, and other leaders delivered provocative speeches, blocked main roads, entered Red Zone illegally, used loudspeakers and violated Section 144 of the Criminal Procedure Code (CrPC).

The chief minister’s counsel, Shah Khawar, argued that his client had not committed any crime; there was no evidence available against him and the FIRs were registered in utter disregard of the order of the apex court.

A state counsel, on the other hand, stated that the petitioner was nominated in the FIRs as he had committed heinous crime. Sufficient evidence is available against him, he said, adding the petitioner had alternate and efficacious remedy of filing a petition under section 249-A of the CrPC for acquittal at any stage in the trial court.

Justice Jahangiri observed that the nature of allegations mentioned in the FIRs was the same - the chief minister had delivered a provocative speech in Peshawar. Therefore, the police cannot register a case against him in Islamabad.

“There is no allegation against the petitioner that he entered Islamabad during the said occurrences/protests, the only allegation leveled against him is that he made provocative speeches and upon his abetment, processions/unlawful assemblies were organised in Islamabad.”

Justice Jahangir was of the opinion that “registration of cases to the extent of present petitioner [CM KP] on face of it is tainted with mala fide, without jurisdiction and even if FIRs are allowed to hold the field, there is no probability of the conviction of the petitioner.”

Subsequently, he ordered to quash the FIRs against Mr Mehmood.

_Published in Dawn, October 8th, 2022_


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## ghazi52

.,,.,.
Justice Aamer Farooq likely to be elevated as IHC chief justice​Malik Asad 
October 29, 2022 








A file photo of Senior Puisne Judge of the Islamabad High Court Justice Aamer Farooq.

ISLAMABAD: The Supreme Court Chief Justice Umar Ata Bandial has convened the meeting of Judicial Commission of Pakistan (JCP) on Nov 1 to consider elevation of Senior Puisne Judge of the Islamabad High Court (IHC) Justice Aamer Farooq as Chief Justice.

The seat of IHC Chief Justice is likely to be vacant next week following the appointment of Justice Athar Minallah in the Supreme Court.

JCP in its meeting of Oct 24, which was presided over by Chief Justice Bandial, unanimously approved appointment of Justice Minallah in the Supreme Court.

The panel also approved the candidature of Justice Shahid Waheed of the Lahore High Court and Justice Syed Hasan Azhar Rizvi of the Sindh High Court (SHC) with a majority of five to four. The name of Justice Mohammad Shafi Siddiqui of the SHC was dropped.

The Parliamentary Committee on Judges Appointment also convened meeting to deliberate upon JCP’s recommendations, though the agenda of this meeting was to consider the confirmation of LHC’s Judges.

However, the committee can take up any matter with the permission of chair, said the agenda of the Parliamentary Committee.

It is said that the Parliamentary Committee may take up the matter of elevations in the SC on Nov 2.

Justice Minallah subsequently may assume office of the apex court judge after a formal approval of the President.

It is expected that Justice Farooq would become the Chief Justice of IHC in the subsequent week.

Justice Farooq took oath as an Additional Judge of Islamabad High Court on January 1, 2015 and on the recommendation of the JCP he was confirmed as Judge of High Court on December 23, 2015.

During seven years in the IHC, he decided over 10,000 cases in the single bench and about 5,000 cases in the division bench.

He authored landmark judgments in criminal, civil and corporate matters.

Justice Farooq got his Senior Cambridge certificate in 1986 from St. Anthony’s High School Lahore and Higher Senior Cambridge certificate from Aitchison College in the year 1988.

He secured his LLB degree from London University, UK and qualified as Barrister-at-Law from Lincoln’s Inn, London in the year 1993. He was enrolled as an Advocate of the Lahore High Court in the year 1994 and as an Advocate of the Supreme Court of Pakistan in the year 2007.

He established his law practice at Lahore with an Office at Islamabad as well, dealing mostly with banking, commercial, tax and civil matters. Since 2009 until his elevation, he was part of adjunct faculty at Lahore University of Management Sciences.

Published in Dawn, October 29th, 2022


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## ghazi52

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Justice Aamer Farooq’s nomination for IHC CJ approved​Development comes after incumbent CJ Justice Athar Minallah was elevated to the Supreme Court last week

Our Correspondent
November 01, 2022






Islamabad High Court (IHC) Judge Justice Aamer Farooq. PHOTO: IHC*

ISLAMABAD: *The Judicial Commission of Pakistan (JCP) has unanimously approved nomination of Senior Puisne Judge Justice Aamer Farooq as new chief justice of Islamabad High Court (IHC).

The JCP meeting held under the chairmanship of Chief Justice of Pakistan (CJP) Umar Ata Bandial on Tuesday to consider the appointment of the senior judge.

After nine months of deadlock, the Judicial Commission of Pakistan last week approved the elevation of three high courts judges, including IHC Chief Justice Athar Minallah to the Supreme Court.

After the elevation of Justice Minallah to the apex court, two seats in the high court stood vacant.

Parliamentary Committee of Judges’ Appointment is holding a meeting on November 3 to consider the JCP proposals regarding the elevation of three high court judges, including IHC CJ Minallah.

During its meeting held on Oct 24, the JCP by a majority of 5-4 did not approve the nomination of Justice Shafi Siddiqui, who is sixth on the seniority list of the Sindh High Court (SHC) Judges.

The meeting had continued for almost three hours during which heated exchanges took place between two senior judges, it is learnt.

It was also learnt that JCP unanimously approved the elevation of IHC Chief Justice Minallah, while the elevation of Justice Shahid Waheed and Justice Hasan Azhar Rizvi of Lahore High Court (LHC) was approved by majority of 5-4 votes.

The nomination SHC Justice Siddiqui was deferred by the JCP by a 5-4 votes after one member, Justice (retd) Sarmad Jalal Osmany dissented, saying that SHC Justice Aqeel Abbasi was a better option.

Three Judicial members, Justice Qazi Faez Isa, Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah, opposed the nomination of three junior high courts judges as they supported seniority principle.


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## ghazi52

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Unnecessary censorship suffocates society, stifles creativity, rules SHC​Naeem Sahoutara 
November 26, 2022


KARACHI: The Sindh High Court has ruled it is not the job of judiciary to morally police the public by deciding what should be or should not be viewed by them as unnecessary censorship suffocates a society and stifles its creativity and growth.
“In our view, where a cinematic work has passed through the censors, who have examined its content and cleared it for release with an appropriate certification, an individual cannot be allowed to trump that decision through a court proceeding based on his conception of morality. Indeed, it is not the function of the Court under Article 199 to make a moral judgment so as to curtail the freedom of speech and expression of a filmmaker, as safeguarded under Article 19 of the Constitution,” stated the detailed order passed by a division bench dismissing a petition seeking ban on the film Joyland.

The bench, headed by Chief Justice Ahmed Ali M Shaikh, added: “On the contrary, the default position of the Court under Article 199 ought to be that of fully safeguarding the fundamental right by giving as expensive an interpretation to Article 19 as possible, and in that event of a restriction being imposed by the Board or any other authority that may be competent in that regard, testing the reasonableness of that restriction stringently, so as to ensure that the same is “reasonable” in the strictest conceivable sense.

“As such, in the absence of any restriction imposed by the concerned quarter, whether that be the Board of Provincial Government, it does not fall to the Court to morally police the public by making a determination of what should or should not be viewed and to take on the function of itself devising and imposing a restriction. Suffice it to say that unnecessary censorship suffocates a society and stifles its creativity and growth”.



> Detailed order dismissing plea for ban on Joyland says transgender persons are equal citizens of Pakistan in all respects



“Looking to the matter at hand, we are confident that Islam, being the great global religion that it is, is strong enough to withstand a cinematic work portraying a purely fictional account of a relationship humanizing a transgender character, and are equally sanguine that our society is not so weak as to crumble as a consequence,” the order stated.

“Suffice it to say that transgender persons are equal citizens of Pakistan in all respects and the stories of their life, their struggle, and their human relationships deserve equal space and recognition,” the court order concluded.

The petitioner sought a ban on the film, arguing that it apparently portrayed a relationship between a married man and a transgender woman, and averred that the storyline violates the Islamic teachings and the Constitution.

However, the judges observed that the petitioner did not make any attempt to show how any Articles would be violated by the screening of the film, other than confined his argument to the extent that the theme and storyline thereof offended the Article 277.

The bench noted that the petitioner did not directly challenge the certification of the film or even referred to the Sindh Motion Pictures Act, 2011 or impleaded as party the Board mandated to certify films for exhibition in the Sindh province under the 18th Amendment. Nor was it even remotely alleged that the statue offends the aforementioned Article, they added.

_Published in Dawn, November 26th, 2022_

https://www.facebook.com/sharer/sha...awn.com/news/1723071&display=popup&ref=plugin


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## ghazi52

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No-trust motion against CM Elahi: LHC allows suspended PML-N MPAs to cast votes​Court allows suspended lawmakers to attend next session of the house and permits them to cast their votes​
By Shahid Hussain
December 20, 2022

The Lahore High Court (LHC) on Tuesday allowed the suspended lawmakers of the Pakistan Muslim League-Nawaz (PML-N) to attend the crucial Punjab Assembly session for the no-confidence motion filed by the joint opposition against Chief Minister Chaudhry Parvez Elahi, Aaj News reported.

Punjab Assembly Speaker Sibtain Khan had banned 18 PML-N lawmakers for 15 sessions for their unruly conduct during the session in October.

According to the provincial assembly order, the opposition members started hue and cry when former CM Punjab Usman Buzdar was called to move his resolution.

The lawmakers started raising slogans and made derogatory remarks against the leadership of PTI and the chair when the speaker requested them not to disrupt the house’s proceedings.

Later, in pursuance of the powers vested in him in terms of rule 210 of the Assembly Rules, the speaker barred the lawmakers from attending 15 consecutive sittings of the house.

However, a day after filing the no-trust motion against the Punjab CM, the lawmakers challenged the October 23 order of the speaker.


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