• Friday, October 18, 2019

Pakistan High Courts updates

Discussion in 'Insaf - Justice' started by ghazi52, Sep 12, 2019.

  1. ghazi52

    ghazi52 ELITE MEMBER

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


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    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.
     
  2. ghazi52

    ghazi52 ELITE MEMBER

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    IHC orders probe into illegal inductions in lower judiciary

    September 21, 2019

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    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
     
  3. ghazi52

    ghazi52 ELITE MEMBER

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    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.

    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.
     
  4. ghazi52

    ghazi52 ELITE MEMBER

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    Justice Jamal Khan Mandokhel sworn in as BHC chief justice

    October 5, 2019

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    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.
     
  5. ghazi52

    ghazi52 ELITE MEMBER

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

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    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.
     
  6. ghazi52

    ghazi52 ELITE MEMBER

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    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.
     
  7. ghazi52

    ghazi52 ELITE MEMBER

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    Meesha Shafi’s case against Ali Zafar dismissed by LHC


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    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’.
     
  8. ghazi52

    ghazi52 ELITE MEMBER

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    IHC orders Parliament to break deadlock over ECP members' appointment

    October 14, 2019

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    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.
     
  9. ghazi52

    ghazi52 ELITE MEMBER

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    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.