• Wednesday, January 29, 2020

Pakistan High Courts updates

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

  1. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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


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    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.
     
  2. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    PHC rejects Edwardes College principal’s review plea

    November 15, 2019


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    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
     
  3. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    Musharraf moves LHC against impending high treason case verdict

    November 23, 2019

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    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.
     
  4. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    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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  5. ghazi52

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    IHC admits bail petitions of Zardari, Faryal for hearing

    December 03, 2019


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    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”.
     
  6. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    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.
     
  7. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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

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    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.
     
  8. ghazi52

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


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    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?"


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    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



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    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.
     
  9. ghazi52

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    IHC's first female judge Lubna Saleem Pervaiz sworn in

    December 13, 2019



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    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.
     
  10. ghazi52

    ghazi52 PDF THINK TANK: ANALYST

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    Lawyers must seek public apology over PIC attack: LHC






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



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    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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    0[​IMG]
    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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    LHC directs govt to inform Maryam of its decision regarding removal of her name from ECL
    December 23, 2019

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    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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    [​IMG]
     
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    PML-N leader Rana Sanaullah granted bail in drug trafficking case



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    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.