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Supreme Court and Various High Court rulings

Discussion in 'Social & Current Events' started by sohailbutt, Apr 4, 2009.

  1. sohailbutt

    sohailbutt FULL MEMBER

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    Please post various Supreme Court's and High Court's rulings in this thread.

    I request MOD's to make this thread a sticky one.
     
    Last edited: Apr 4, 2009
  2. sohailbutt

    sohailbutt FULL MEMBER

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    LHC orders release of Australian lady​

    LAHORE: Lahore High Court (LHC) has passed orders of release of an Australian lady who was arrested while smuggling drugs some months ago and it also directed the authorities concerned to hand her over to Australian embassy.

    According to sources, Australian lady Malta married Pakistani man and was sent to imprisonment over charges of smuggling 20-kilogram heroin along with her children Sana (13) and Abresh (8).

    Australian embassy asserted in LHC that Malta exploit her children for smuggling drugs who (children) are innocent so they must be handed over to Australian embassy.

    Justice Saqib Nisar on Friday ordered release of her children, sources said.

    LHC orders release of Australian lady - GEO.tv
     
  3. sohailbutt

    sohailbutt FULL MEMBER

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    SC takes suo motu notice of Swat incident

    ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry taking a suo motu notice of Geo News’ footage of whipping of a 17 year old girl, ordered the Interior Secretary to bring the girl along with him to the court.

    Taking suo motu notice of the Geo News’s footage in the interest of the people, Justice Iftikhar Muhammad Chaudhry formed an eight-member larger bench which will initiate hearing of the matter in question on April 6. The bench will be headed by CJP himself.

    According to a press release issued by the SC, the CJP ordered for the matter to be taken by the larger bench under Article 184 of the Constitution.

    Notices have been issued to Secretary Interior, Chief Secretary NWFP and IG NWFP to ensure their physical presence before the court on April 6.

    The Chief Justice has ordered the Secretary Interior to bring the girl along with him on April 6.

    Notices have also been issued to Attorney General of Pakistan, Advocate General NWFP, President High Court Bar Association NWFP for the assistance of the court.

    The larger bench comprises Justice Javed Iqbal, Justice Sardar Muhammad Khan, Justice Khalil-ur-Rehman Ramday, Justice Faqeer Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice Raja Fayaz Ahmed and Justice Chaudhry Aijaz besides Chief Justice Iftikhar Muhammad Chaudhry.

    Geo TV Pakistan - Breaking News, World, Business, Sports, Entertainment, & Video News
     
  4. sohailbutt

    sohailbutt FULL MEMBER

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    SC hands Punjab back to Shahbaz

    ISLAMABAD: The Supreme Court restored PML-N president Shahbaz Sharif as Chief Minister of Punjab on Tuesday, a day before the provincial assembly was called to choose his successor to the office which he had lost as a consequence of a ruling by the court on February 25.

    ‘We direct that till final disposal of the main petitions under review, the operation of February 25, 2009 shall remain suspended and the petitioner (Shahbaz Sharif) shall assume the chief minister’s office with immediate effect,’ Justice Tassaduq Hussain Jillani ruled while handing down a unanimous but detailed order after day’s proceedings on the application moved by Shahbaz Sharif requesting to grant status quo ante.

    The five-member bench comprised Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Mohammad Moosa K. Leghari, Justice Sheikh Hakim Ali and Justice Sabihuddin Ahmed.

    On February 25, a three-judge bench had disqualified the Sharif brothers from holding or contesting for public offices. Consequently Shahbaz Sharif had to vacate his office of the chief minister while the elder brother Nawaz Sharif was barred from contesting elections thus shifting the bitter political bitterness to the streets.

    Tuesday’s order was heard in a pin-drop silence in a packed court room where the atmosphere become scintillating when the five-member bench dictated the last paragraph of otherwise a longish order enveloping all aspects of the arguments advanced during the day by the counsel of the two sides.

    And the moment the bench rose for the day, senior PML-N politicians, party supporters and lawyers walked out of the court to join a bigger crowd of supporters at the gates of the Supreme Court, celebrating and distributing sweets to welcome the restoration of their leader.

    ‘This court can not remain oblivious of the likely inconvenience and the irreparable loss which is to accrue to the petitioner (Shahbaz Sharif), an apprehension also not disputed by Attorney General Sardar Mohammad Latif Khan Khosa,’ the court noted in its order that concerned only with the disqualification of Shahbaz Sharif.

    As to the electoral eligibility of Nawaz Sharif, the court will resume hearing on a set of review petitions moved by the federal government as well as the Sharifs after May 7.

    ‘It is quite an unusual order as such order is not expected on review petitions,’ commented a lawyer on condition of anonymity.

    While accepting constitutional petition of Syed Khurram Shah, the order said, the Lahore High Court (LHC) had not passed any injunctive order against Shahbaz Sharif not to continue as the chief minister. The new circumstance when the governor rule has already been lifted and the provincial assembly has been called on Wednesday and likely to elect the new chief minister has changed the complexion of this case.

    The bench observed that while issuing notices to the respondents on the review petition, the court had kept in view the fact that the petitioner was preceded ex-parte although he did not appear despite issuance of notices. However the court has granted relief of full hearing on the review petitions that involved interpretation of Section 14 (6) of the Representation of Peoples Act 1976 on which the federal government had also taken exception and the issue raised needed consideration of this court.

    Despite reversing the order of the Chief Election Commissioner allowing the petitioner to contest the elections, the high court had allowed Shahbaz Sharif to continue as the chief minister, the order said.

    It said the returning officer had declared Shahbaz Sharif to be qualified to contest the election from the constituency PP-48 Bhakkar-II while the objection petition filed by Khurram Shah was also dismissed by the election commission.

    On the Chief Executive order 19 of 2002 that bars the prime minister and the chief ministers to hold their respective offices for the third time the attorney general said if the chief minister was restored by the court, it would not be considered a third occasion but a continuation in the office after a short break.

    He conceded that the provision was injected in the constitution through the Seventeenth Constitutional Amendment and since it was protected under schedule six of the constitution, it could not be redone without the approval of the president.

    He referred to the recent speech of President Asif Ali Zardari to the joint sitting of the two houses of the parliament and said a new constitutional package was in the offing with the consultation of all the political parties to delete provisions interjected by the military leader.

    Advocate Ahmed Raza Qasuri, representing Syed Khurram Shah opposed the request to suspend the disqualification order by stating that if someone was in a doldrums, this court had no business to take him out by granting a status quo.

    Earlier the same bench also dismissed an application moved by Advocate Qasuri requesting to include the third judge who was member of the earlier bench that had disqualified the Sharifs and held that the chief justice had already exercised his prerogative of constituting benches.

    Qasuri had emphasized that presently the environment in the country was such that every thing was interpreted in a wrong way and the issues like the long march and the restoration of pre-emergency judiciary were all linked together.

    Deputy Attorney General Agha Tariq Mehmood represented the federal government, Khawaja Haris appeared on behalf of Shahbaz Sharif and Dr Mohyuddin also argued on the occasion.

    DAWN.COM | + Pakistan | SC hands Punjab back to Shahbaz
     
  5. sohailbutt

    sohailbutt FULL MEMBER

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    SC orders appointment of 181 prosecutors

    KARACHI: The Supreme Court asked the Sindh government on Wednesday to appoint 181 candidates selected to serve in its criminal prosecution service.

    The candidates were recommended by the Sindh Public Service Commission for appointment as assistant public prosecutors, deputy public prosecutors, assistant prosecutors-general and deputy prosecutors-general in grades 17, 18 and 19 in 2007.

    They were issued appointment letters during the caretaker regime of November 2007-February 2008. The new elected government, however, refused to honor the letters and the candidates, who are practising lawyers, moved the high court for redress.

    An SHC division bench comprising Justices Khilji Arif Hussain and Bin Yamin Khan accepted the petition in September 2008 and directed the provincial government to issue the posting letters within a month, after which period the petitioners would in any case be entitled to their salaries. The provincial government preferred an appeal against the judgment and the SC stayed its operation.

    The final arguments in the case were heard by an SC bench in Islamabad consisting of Chief Justice Iftikhar Mohammad Chaudhry and Justices Mian Shakirullah Jan and Raja Fayyaz Ahmad.

    Additional Advocate-General Abdul Fatah Malik appeared for the appellant government and Advocate Anwar Mansoor Khan for the respondent candidates.

    The points at issue in the case were whether the chief minister could reject the SPSC’s recommendations without assigning any reason and whether the caretaker government could continue with the process of appointments initiated earlier. It was also argued on behalf of the provincial government that the SPSC was not properly constituted and its functioning at the time of prosecutors’ selection was marred by irregularities as confirmed by an inquiry conducted by a high court judge.

    The petitioners said they were duly selected after tests and examinations and the SPSC recommendations as acted upon by the caretaker government were binding on its successor as they had acquired a vested right. They also alleged that some of the recommended candidates who found favor with the authorities had already been posted. The government could not send a fresh requisition to the SPSC, which could not re-advertise the vacancies.

    The Supreme Court upheld the SHC judgment and dismissed the government appeal.

    DAWN.COM | - Sindh | SC orders appointment of 181 prosecutors
     
  6. sohailbutt

    sohailbutt FULL MEMBER

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    Top judge reopens case of women buried alive

    ISLAMABAD: Just days after he was reinstated, Pakistan's top judge has taken notice of the Balochistan case in which five women were buried alive.

    The incident took place seven months ago in Babakot village, in Quetta September 4, 2008. On Thursday, Chief Justice Iftikhar Mohammad Chaudhry summoned a report into the deaths of Fatima, Jannat and Fauzia and the other two victims from the Inspector General of the province. He said he wanted it in the Supreme Court by April 14.

    This image shows Dr Shamim Gul Mashwani, a senior police surgeon, preparing samples for DNA tests, of two of the five women. Rights groups say the women were shot and buried alive because three of them wanted to marry men of their choice. The killings produced shock and outrage in a country inured to the murder of women by male relatives in the name of family honour in conservative, rural areas where tribal traditions hold sway.

    .:: SAMAA - Top judge reopens case of women buried alive
     
  7. sohailbutt

    sohailbutt FULL MEMBER

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    Dr Aafia Siddiqui SHC hearing today

    KARACHI: The Sindh High Court is scheduled to take up the case of Dr Aafia Siddiqui again today, Thursday.

    Justice Gulzar Ahmed has repeatedly demanded the federal government make efforts to have the Pakistani scientist brought back from the US where she is to face trial. Last year in July, the US authorities admitted to her arrest following which proceedings were started in the Sindh High Court.

    Her sister Dr Fauzia Siddiqui has claimed she was arrested in Pakistan.

    So far, none of the authorities have responded to the appeal.

    The case was filed by Human Rights Committee's Intikhab Alam

    Siddiqui, 36, is in federal custody in New York. Arrested outside an Afghan governor's compound, the authorities allege she was carrying bottles and jars of chemicals, papers describing U.S. landmarks, and instructions on how to make chemical weapons. Prosecutors say she was shot by a U.S. Army officer after she grabbed his Army M-4 rifle from the floor and pointed it at an Army captain, crying "Allah Akbar!".

    .:: SAMAA - Dr Aafia Siddiqui SHC hearing today
     
  8. sohailbutt

    sohailbutt FULL MEMBER

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    SC hearing of Swat girl’s flogging suo motto case underway

    ISLAMABAD: Supreme Court hearing of Swat girl’s in public flogging suo motto case began this morning here.

    Supreme Court eight-member larger bench headed by Chief Justice, Iftikhar Muhammad Chaudhry is hearing the case, while NWFP IG, Malik Naveed, Attorney General, Latif Khosa and the Interior Secretary, Kamal Shah have appeared in the apex court, but the victim girl could not be presented as SC asked for.

    It may be recalled that Geo News had recently run a footage showing Swat Taliban publicly flogging a girl, 17.

    Interior Secretary told that an FIR of the incident has been registered.

    SC hearing of Swat girl’s flogging suo motto case underway - GEO.tv
     
  9. sohailbutt

    sohailbutt FULL MEMBER

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    SC hearing of Swat girl’s flogging case adjourns sine die

    ISLAMABAD: Supreme Court hearing of suo motto notice case relating to the flogging of a Swat girl adjourned here sine die.

    Interior secretary, NWFP IG, Attorney General (AG) and other high officials appeared before the eight-member bench of the Supreme Court headed by the Chief Justice, Iftikhar Muhammad Chaudhry hearing the Swat case.

    AG, Latif Khosa during the hearing made a plea that the matter relating to the flogging of girl was a sensitive issue and, therefore, the hearing be conducted closed-door. The Supreme Court turning down the request for in-camera trial gave remarks that the flogging was made known through the media and added that the facts need be brought before the public.

    The victim Swat girl could not be presented during the SC hearing, while a confidential report was presented from the NWFP chief secretary (CS). The SC bench refusing to accept NWFP CS report relating to the flogging of girl remarked that no confidential report was required and said all facts should be brought in public.

    Besides, the girl’s statement before the magistrate was also presented through AG, in which the girl has denied the alleged flogging incident. NWFP IG on this occasion in his statement drew the attention of the court to this fact that the police have no access to several areas in Swat. To this, the bench remarked, “Your statement tantamount to laying arms.”

    NWFP IG said that an FIR has been registered against unidentified persons and an investigation team headed by DIG has been constituted.

    The SC bench expressed its displeasure with interior secretary, Kamal Shah relating to Swat incident, while a member of the bench, Khalilur Rahman Ramday enquired from interior secretary, “Except arresting judges, do you do any other work.”

    CJ Iftikhar Chaudhry in his remarks said that investigations be conducted that who conspired to defame Islam and Pakistan.

    SC hearing of Swat girl’s flogging case adjourns sine die - GEO.tv
     
    Last edited: Apr 8, 2009
  10. sohailbutt

    sohailbutt FULL MEMBER

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    Plane hijack case: Nawaz to file plea against punishment

    LAHORE: Pakistan Muslim League-N Chief Nawaz Sharif has decided to file appeals in higher courts against the punishments awarded to him in plane hijack and helicopter cases. The appeals will be filed next week.

    A meeting held in the chairmanship of Nawaz Sharif in Raiwind on Monday reviewed legal aspects of filing the appeals.

    Team of Sharif brothers’ lawyers including senior lawyer of Supreme Court, Abid Hussain Munto, Khwaja Haris Advocate, former advocate general Punjab Ashtar Ausaf Ali, Raza Farooq Advocate and A.K. Dogar participated in the meeting.

    Plane hijack case: Nawaz to file plea against punishment - GEO.tv
     
    Last edited: Apr 8, 2009
  11. sohailbutt

    sohailbutt FULL MEMBER

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    CJ Chaudhry demands report on Swat woman’s flogging

    ISLAMABAD: The Chief Justice of Pakistan ordered governmentofficials on Monday to submit a detailed report within 15 days over thepublic flogging of a veiled woman, an incident that incensed the nation.

    ChiefJustice Iftikhar Mohammad Chaudhry gave the directive as eight judgesopened a hearing into the case, apparently that of a 17-year-old girlwho was caught on an amateur video being whipped face down on theground.

    Government and regional officials from North WestFrontier Province (NWFP) should ‘submit report on a fortnightly basisto the registrar of this court,’ the top judge said in his order,written in English.

    ‘The matter requires a detailed probe tolocate place of incident, application of law for those involved and ifsentence of flogging was awarded lawfully or unlawfully,’ he added.

    Thedate of the flogging, the location and the details of the woman’salleged crime have been confused but the footage showed two men pinningher down while a bearded man in a turban flogged her 34 times with awhip.

    Government officials, whom Chaudhry ordered to bring thewoman before court Monday, instead submitted a written statement theysaid they recorded from her and her husband denying that they wereflogged.

    The woman, named in the statement as Chand Bibi, expressed unwillingness to appear before court in the presence of media.

    Thedetails of her alleged crime were confused, but residents of KalaKilley village in the Swat valley said the woman was accused of illicitrelations with an electrician and forced to marry him.

    ‘Possibilitycannot be ruled out that a fake TV material or a video had beenprepared with an ulterior motive to malign people of Swat,’ saidChaudhry.

    ‘If there is any unlawful order, or provisions ofconstitution dealing with dignity of human beings are violated, actionis required to be taken,’ he said.

    The judges in court Monday strongly criticised government officials for dealing with ‘deteriorating’ law and order.

    ‘We are not satisfied by your job of sitting in offices and making statements,’ the chief justice said.

    Localgovernment officials and residents told AFP last week the video wasfilmed on January 3, some weeks before the government signed acontroversial deal with a pro-Taliban cleric to allow sharia law inSwat.


    ISLAMABAD: Proceedings into the Swat flogging case are underway at the Supreme Court of Pakistan, DawnNews reported.

    An eight-member bench headed by Chief Justice Iftikhar Chaudhry was earlier constituted to investigate the incident.

    The Chief Justice had summoned top government officials and had ordered the police to produce the victim on Monday.

    He has also directed the federal interior secretary Kamal Shah in addition to the NWFP chief secretary and inspector general of police to personally appear before the court on Monday.

    The federal interior secretary is to produce the flogging victim before the court in compliance with the chief justice's order.

    The apex court reacted to the video which showed militants in Swat publicly flogging a 17-year-old girl after accusing her of adultery . However, the date and venue of the incident remain unclear.

    DAWN.COM | + Pakistan | CJ Chaudhry demands report on Swat woman?s flogging
     
    Last edited: Apr 8, 2009
  12. sohailbutt

    sohailbutt FULL MEMBER

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    Balochistan HC takes suo moto of container tragedy

    QUETTA: Balochistan high court has taken suo-moto notice of the recovery of 50 dead bodies from a container and issued notices to the deputy attorney general, advocate general of Balochistan and government officials and sought report from the concerned officials on the incident.

    The bench comprised of Chief Justice Amanullah Khan Yasinzai and Justice Mehta Kalash Nath Kohli on Monday took suo-moto notice on the news published in newspapers related to the discovery of 50 dead bodies in container parked in the Hazarganji bus stand on Friday.

    The court observed that the matter was of great concern and public importance and issued notices to deputy attorney general, advocate general of Balochistan, provincial home secretary, director of FIA Balochistan, Collector of customs Balochistan, Commandant of Frontier corps, CCPO Quetta and district police officer Chaman.

    The court directed the officials that the investigation report conducted by the officials in this regard should be submitted before the court in the next hearing on April 15.

    DAWN.COM | - Balochistan | Balochistan HC takes suo moto of container tragedy
     
    Last edited: Apr 8, 2009
  13. sohailbutt

    sohailbutt FULL MEMBER

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    Court rejects ex-cricketer Ijaz Ahmed’s bail plea

    LAHORE: A court in Lahore rejected bail application of former test cricketer Ijaz Ahmed on Monday, his lawyer said.

    ‘We had applied for bail on medical grounds as Ijaz was not feeling well, but the judge rejected our application,’ lawyer Kashid Javed told reporters.

    Last Friday, the court remanded Ahmed, 40, in custody for 14 days for issuing checks worth more than $130,000 without sufficient funds to cover them.

    He was arrested March 26 for allegedly writing checks to two property dealers that were dishonoured.

    Javed said he planned to refile the bail application this week.

    Ahmed played 60 tests and scored 3,315 runs for Pakistan before retiring in 2001. He was also a member of Pakistan’s World Cup-winning squad in 1992 and scored 6,564 runs in 250 limited-overs internationals.

    DAWN.COM | - Cricket | Court rejects ex-cricketer Ijaz Ahmed?s bail plea
     
    Last edited: Apr 8, 2009
  14. sohailbutt

    sohailbutt FULL MEMBER

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    SC gets tough on oil pricing mechanism

    ISLAMABAD: The Supreme Court asked the government on Tuesday to explain why it had not passed on the fall in world oil prices to the common man.

    The apex court has formulated 11 questions for probe by the commission it appointed last week to study the price determining mechanism for petroleum and related products.

    On March 30, a three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Mian Shakirullah Jan and Justice Raja Fayyaz Ahmed had asked the government to set up a commission and ask it to come up with its findings in a month.

    The questions included: ‘Whether procedure adopted by OCAC was transparent to fix the prices of petroleum products for period commencing from June 29, 2001, to April 1, 2006, in pursuance of Section 8 of the Petroleum Products (Petroleum Development Levy) Ordinance of 1961 as amended in June 2001 by an ordinance, without joining consumers/stake-holders, if so, who had benefitted from it and what is the quantum of money/profit earned by them?’

    ‘If the prices are to be fixed on higher side, in view of the price of the oil products in international market, then as to why the consumers were not allowed to enjoy the benefits of prices when it reduced in international market from June 2001 onward?’

    The court wondered why the government was only concerned with earning profits and collecting taxes on petroleum products, and why a decrease in fuel prices was not passed on to consumers.

    The court asked: ‘Have the prices of gas products like CNG and LPG, which are locally produced, been arbitrarily increased? And what is the reason and effects?’

    ‘Why had the ministry of oil and gas not corrected after erroneously announcing an increase of Rs9 per kg on CNG, but market players manipulated it to increase it by Rs13?’

    It also asked the commission to determine the effects of the increase in price of kerosene, which was mostly consumed by people in rural areas.

    The court asked whether the government – the ministries of petroleum and finance – are not required to revise the policy of fixing prices in a transparent manner for the benefit of the common man in the wake of a considerable decrease in prices of oil products in the international market.

    It was further asked ‘if the benefit of oil gifted by friendly countries during the past few years had been passed on to consumers, and if the commission fixing prices of oil, gas, CNG and LPG set them in a transparent manner in accordance with the international market, enabling the general public (consumers and stake-holders) to enjoy maximum benefits?’

    DAWN.COM | Business | SC gets tough on oil pricing mechanism
     
  15. qsaark

    qsaark SENIOR MEMBER

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    May I ask you what is the purpose of this thread? Why you want all the rulings to be posted and why you want this thread to be sticky?