Pakistan High Courts updates

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ECP directed to decide on PTI’s petition against postings in Punjab​

LHC issues direction on PTI petition against the postings of officers who may ‘influence upcoming elections'

Rana Yasif
April 05, 2023

The Lahore High Court (LHC) on Wednesday directed the Election Commission of Pakistan (ECP) to decide within seven days the Pakistan Tehreek-e-Insaf (PTI) application, seeking to halt the appointment of 22 officers in Punjab.

LHC Justice Muzamil Akhtar Shabir issued the direction on the PTI petition containing grievances against the postings of twenty-two officers that according to them may influence upcoming elections in Punjab.

It is worth mentioning that the petitioner, PTI’s Senior Vice President Fawad Chaudhry, filed the petition seeking directions to quarters concerned to restrain from posting twenty-two officers in Punjab until the forthcoming general elections in the province are held and formation of the government is completed.

The petitioner made Election Commission of Pakistan (ECP) through its secretary, Federation of Pakistan through its secretary establishment division, Province of Punjab through chief secretary, Government of Punjab through secretary to government and Inspector General Police (IGP) Punjab respondents in the case.

As proceedings commenced, the PTI's counsel argued that they have strong concerns over the said officers and their appointment be stopped before elections. “These officers may affect the upcoming elections,” it added.

The Punjab law officer opposed the arguments of the petitioner's counsel contending that the government assisted the ECP in conducting elections, adding that maintaining law and order in the province is not possible without the appointments of the officers.

Petition

The petitioner in his petition contended the court that the petitioner’s political party is inter-alia aggrieved of the failure of the ECP and other respondents to ensure redressal of grievances raised by the present petitioner (PTI) through its application wherein the ECP, on January 25, 2023, was addressed expressing serious concerns about the twenty-two (22) senior government officers (11 PAS / PMS Officers and 11 Officers of the Police Service) and also requested that such officers should not be given postings in the province of Punjab, during the forthcoming general elections to the provincial assembly of the Punjab.

He told the court the brief facts leading to filing this petition contending on January 12, 2022 the then chief minister of Punjab in exercise of his powers under Article 112 of the Constitution advised the governor of the Punjab to dissolve the provincial assembly and ultimately, the Punjab Assembly stood dissolved on January 14, 2023, whereafter, the Caretaker Chief Minister Punjab was appointed who assumed office on January 22, 2022.

That as the elections were due to be held within a period of 90 days from the dissolution of the assembly, therefore, the present petitioner (PTI) promptly expressed its serious concerns before the ECP about the twenty-two (22) senior government officers and also requested that such officers should not be given postings in the province of Punjab, during the forthcoming general elections for the provincial assembly.

However, the ECP miserably failed to act in accordance with law and the constitution and has not only slept over the petitioner’s application but instead granted free hand to the “controversial” caretaker government to issue blanket orders of transfer and postings throughout the province, read the petition.

“Therefore, soon after the assumption of office by the caretaker government, the political opponents of the last political government, started exerting their political influence to procure large scale postings and transfer orders to get posted their favourites on important posts, especially on the posts which could materially affect the conduct of fair and free elections.”

The petitioner also prayed the court to pass directions to all the respondents, to ensure that such government officers against whom any political party expresses its reservations regarding any likelihood of materially affecting the forthcoming elections, should not be posted in the Punjab and be forthwith removed from his post and substituted with some other honest and impartial officer of good repute, until the forthcoming general elections are held and the process of formation of government is completed.

 

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IHC seeks security rules for ex-PMs while hearing Imran’s plea​

Umer Burney
April 6, 2023

The Islamabad High Court (IHC) on Thursday directed the interior ministry to submit rules for the provision of security to former prime ministers in a case pertaining to PTI Chairman Imran Khan’s request for security.

The former premier — who survived an assassination attempt on Nov 3, 2022 from which he is still recuperating — has been demanding security, especially after a statement from Interior Minister Rana Sanaullah that was considered by the PTI as a death threat.

On March 7 — before Sanaullah’s statement — Imran had moved the Lahore High Court for “foolproof security arrangements” as well as permission to attend court proceedings via video link. That same day, an Islamabad sessions court judge had observed that arranging security was the court’s responsibility and had asked Imran’s counsel to inform him of their reservations.

Today, IHC Chief Justice Aamer Farooq presided over the hearing while Barrister Salman Safdar appeared as Imran’s counsel in place of Advocate Faisal Chaudhry as he had commitments at the Supreme Court.

Additional Attorney General (AAG) Munawar Iqbal Duggal was also present during the hearing along with the interior ministry’s representative.

The hearing​

At the outset of the hearing, Justice Farooq said, “Tell the court what and how much security is to be provided to a former prime minister.”

Here, Barrister Safdar informed the court that Imran could not appear personally, to which the IHC chief justice clarified that “an appearance is not due in this case”.

Justice Farooq continued, “The petitioner is a former prime minister. What is the rule on security?”. AAG Duggal responded that Section 17 (security) of the Prime Minister’s Salary, Allowances and Privileges Act, 1975 was the relevant rule.

He added that “appropriate security” would be provided and the notification for it will be issued in the Special Gazette as per the law.

The IHC chief justice then asked the AAG if any security had been provided to Khan currently to which the official replied affirmatively that “one bullet-proof car” has been provided. “[Even] I did not come in a bulletproof car right now,” the justice remarked.

The AAG further said that after the 18th Amendment, the matter of security was a provincial matter to which Justice Farooq responded that it was “done after April 9 [last year]” and asked AAG Duggal to re-read the notification issued previously.

“Bring these instructions from your office; you are asking the official standing behind you,” the IHC chief justice said addressing the AAG. To this, the AAG replied that an assessment committee decides on what security to provide.

Justice Farooq then asked if a “well-educated” person from the interior ministry was present during the hearing, upon which the ministry’s representative appeared in the court.

The interior ministry official told the court, “Lifetime security is given but notification for this has to be issued, which has not been yet. As far as Islamabad is concerned, the federal government looks over it while in the rest of the provinces, they review it by themselves.

“The DIG (deputy inspector general) looks over the security. In the matter of Punjab, the Punjab IG (inspector general) will look over it. While Imran Khan was in Islamabad, he was given fool-proof security,” the official added.

Justice Farooq what the situation was currently, to which the interior ministry representative replied that security is being provided to the PTI chief.

“If it’s an order of generalised security then that has to be implemented. What is the order for the petitioner?” the IHC chief justice asked. “I have been asking repeatedly that when a former prime minister — whoever it is — comes to Islamabad, who will provide him security?”

To this, AAG Duggal responded that security was being provided in the provinces “as a response to a writ petition”.

Here, Imran’s counsel said, “The Wazirabad incident happened; that is in front of everyone. Salman Taseer’s incident had also taken place already.”

Justice Farooq then ordered the AAG to provide details of the “law or the custom — whatever it is — in the court”.

He further remarked, “Prisoners in jail have rights as well. Everyone has rights. Today we are a judge, tomorrow we would not be.

“Why is the West ahead of us today? Because they have rules.”

At one point during the hearing, the IHC chief justice asked AAG Duggal about the whereabouts of the orders for fool-proof security provided to Imran when he appeared in court hearings “twice or thrice” recently.

The AAG answered that the letter was presented in the court upon which the judge further asked about the letter which specifically mentions the petitioner’s name, as the letter the AAG mentioned was a “general letter”.

Here, Imran’s counsel told the court that a security plan was not there for the hearings, and cited a past observation made the by IHC that the petitioner be provided security according to their satisfaction.

On this, Justice Farooq remarked, “It is upsetting that the state does not do such minor things. Why does one have to come to the court?”

Addressing the AAG, the IHC chief justice said, “Regarding the threat alert, you will have to assess security from time to time. One should get their legal rights. A former prime minister should get security according to their status. Establish good examples.”

Justice Farooq then directed AAG Duggal to present the security rules so that “an appropriate order” could be given.

 

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Ruckus at court forces SHC judge to relist case of jailed Ahmadi lawyer​

Justice Omar Sial requests more security in fear of attack from "unscrupulous hooligans in the garb of advocates".

 

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IHC judges’ call on top SC judges fuels speculations​

Malik Asad
May 21, 2023

(From left to right) Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Arbab Mohammad Tahir and Justice Saman Rafat Imtiaz of the Islamabad High Court. — Photo courtesy: IHC website

ISLAMABAD: A meeting between five judges of the Islamabad High Court (IHC) and Chief Justice of Pakistan Umar Ata Bandial has become the talk of town with some connecting it to an apparent division within the judiciary, while others viewing it as a routine get-together.

The five judges of the IHC — Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Arbab Mohammad Tahir and Justice Saman Rafat Imtiaz — visited the Supreme Court of Pakistan on Friday.

According to the informed sources, the judges held separate meetings with CJP Bandial and Senior Puisne Judge Justice Qazi Faez Isa.

These meetings, according to sources, lasted two-and-a-half hours. A senior official of the IHC said these judges had gone to the Supreme Court to invite CJP Bandial and Justice Isa to the newly-constructed building of the high court, which will become operational on May 22 (tomorrow).

High court’s CJ was not part of five-man delegation; pending political cases discussed at huddle

However, insiders have deemed the development as more than a simple invitation. According to them, IHC Chief Justice Aamer Farooq had already extended an invitation to CJP Bandial, who had agreed to attend the event at the IHC during the last week of the current month.

Interestingly, IHC Chief Justice Farooq had on May 9 disposed of the petition against Mr Khan’s arrest, declaring that the arrest was not per se illegal.

On May 10, a controversy gripped the IHC when its Senior Puisne Judge Justice Mohsin Akhtar Kayani released an incomplete order in the Tyrian White case, while the IHC chief justice had already dissolved the bench.

Observers referred to this as a division within the IHC in the line of apex court.

According to the sources, CJP Bandial inquired about the absence of IHC chief justice from the judges’ delegation. He was informed that Justice Aamer Farooq was out of station.

The sources said the delegation of IHC judges first held a meeting with CJP Bandial and then with Justice Isa.

The sources further said the judges deliberated upon the superior judiciary’s response to the PTI-related cases and reaction from the state institutions and ruling alliance to it.

 

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PHC CJ orders Nowshera prison authorities to improve facilities​

Bureau
May 24, 2023

PESHAWAR: In a surprise visit to the Nowshera prison, Peshawar High Court Chief Justice Musarrat Hilali directed the authorities to provide proper food and medical facilities to the inmates.

The chief justice inspected barracks and gave a patient hearing to the prisoners by listening to their complaints individually.

The chief justice was also accompanied by the Nowshera district and sessions judge and a judicial magistrate.

Majority of complaints by the prisoners were about non-appearance of their counsel and prosecution witnesses, causing hurdles to expeditious disposal of their cases.

 

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New building of Islamabad High Court Inaugurated....

 

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Justice Ibrahim Khan takes oath as Peshawar High Court CJ​

August 26, 2023

PESHAWAR: Justice Mohammad Ibrahim Khan took oath as chief justice of the Peshawar High Court at the Governor’s House here on Friday.

Khyber Pakhtunkhwa Governor Haji Ghulam Ali administered oath to Justice Ibrahim Khan at a simple ceremony which was attended by the chief minister, judges of the high court, lawyers, caretaker ministers, government officials and others.

The president approved the appointment on Aug 22 on the recommendation of the Judicial Commission for appointment of judges under Article 175-A(13) of the Constitution. Justice Ibrahim Khan has already been serving as acting chief justice since July 6, 2023.

The post of PHC chief justice fell vacant with the elevation of then chief justice Musarrat Hilali to the Supreme Court.

Prominent among the participants of the ceremony were KP Chief Minister Mohammad Azam Khan, Supreme Court judge Justice Musarrat Hilali, former chief justices Justice Qaiser Rashid and Roohul Amin Khan, KP Advocate General Aamir Javed, Chief Secretary Nadeem Aslam Chaudhry, Inspector General of Police Akhter Hayat Khan, DIG Mohammad Ali Babakhel and others.

Born in Swabi on Apr 15, 1962, Justice Ibrahim Khan’s retirement is due on Apr 14, 2024.

During his judicial career he enjoyed good reputation among the legal circles as he was known for deciding cases without any fear or favour.

Justice Ibrahim Khan was elevated to the high court as additional judge on Aug 11, 2016, and subsequently he was confirmed as a judge of the high court on June 1, 2018.

Justice Ibrahim Khan had done his LLB from Khyber Law College, University of Peshawar, in May 1984 with distinction. After practicing law for almost eight years, he joined the judicial service and was appointed as additional district and sessions judge on Nov 1, 1993.

He has served against different key judicial posts including judge of anti-terrorism court in Peshawar and Abbottabad, presiding officer of labour court at Haripur, administrative judge of the accountability courts from 2013 to 2016, chairman of the KP Bar Council Tribunal apart from serving as district and sessions judge in different districts.

Justice Ibrahim also remained the Chairman of the KP Subordinate Judiciary Services Tribunal from Dec 2022 till Feb 2023 and was also the chairman of the KP Bar Council’s enrollment committee. He also performed as administrative judge of the anti-terrorism courts in the province.

One of the most important jobs of his judicial career is conducting the judicial inquiry into the 2014 carnage of the Peshawar Army Public School and College wherein 147 persons including 132 students were killed.

The said the commission had conducted extensive probe and examined 102 aggrieved people, mostly parents of the martyred students besides recording the statements of government functionaries of all ranks from the armed forces, bureaucracy and police.

The commission had submitted its detailed report of 525 pages to the Supreme Court chief justice.

Justice Ibrahim also served as lecturer in International Islamic University, Islamabad, and Khyber Law College, University of Peshawar.

 

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Sedition case quashed​

Saleem Shahid
August 29, 2023

QUETTA: The Balochistan High Court (BHC) on Monday quashed the sedition case registered against former prime minister Imran Khan on March 5 on allegations he made seditious remarks during one of his speeches.

The case was lodged by a citizen with the Bijli Road police station. Four days after the FIR was registered, the judicial magistrate-I Quetta issued non-bailable warrants for the PTI chairman.

On behalf of Mr Khan, members of the Insaf Lawyers Forum (ILF) challenged the FIR and issuance of non-bailable warrants in the BHC.

A division bench of BHC comprising Chief Justice Naeem Akhtar Afghan and Justice Gul Hassan Tareen took up the petition filed against the judicial magistrate’s decision and cancelled the non-bailable warrants for Mr Khan’s arrest in the case.

In its verdict, the division bench observed that the prosecution had failed to obtain the requisite consent from the federal or provincial governments to proceed with the sedition charges against the PTI leader.

The charges are “without lawful authority and are of no legal effect,” the BHC ruled, throwing out the case.

“God be praised. The court has also quashed the FIR registered against the PTI chairman and discharged the case,” Mr Khan’s counsel said.

ILF’s Iqbal Shah and Hassan Rind appeared before the high court on behalf of Mr Khan.

 

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LHC issues show cause notice to IG Islamabad over Elahi's arrest​

RANA YASIF

Directs district judge to produce Elahi before LHC tomorrow; seeks reply from DIGs Kishwar, Rizvi in contempt plea

 

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IHC suspends Parvez Elahi’s detention under MPO, orders his release​

Umer Burney | Rana Bilal
September 5, 2023

The Islamabad High Court (IHC) on Tuesday suspended the detention of PTI President Parvez Elahi under the Section 3 of the Maintenance of Public Order (MPO) and ordered his release.

On Friday, the Lahore High Court (LHC) had ordered that the former Punjab chief minister be released along with a restraining order against his possible arrest by any agency or preventive detention.

However, hours after he was released from Adiala Jail, an Islamabad police team, assisted by the Punjab police, had intercepted a white SUV near the FCC underpass in which Elahi was travelling to his house along with lawyer Sardar Latif Khosa.

The police personnel had shifted Elahi into a white car with no licence plate. The car drove him to Islamabad. Visuals of the arrest drama had gone viral on social media.

 

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Islamabad DC indicted for 'abuse of powers' in PTI leaders' arrest case​

Capital authorities face IHC's ire for violating court orders, detaining Shehryar Afridi and Shandana Gulzar under MPO

ISLAMABAD: The Islamabad High Court (IHC) indicted on Thursday the federal capital's district commissioner in a case pertaining to the arrests of Pakistan Tehreek-e-Insaf (PTI) leaders under Punjab Maintenance of Public Order (MPO).

Justice Babar Sattar took up the contempt plea pertaining to the arrests of PTI leaders Shehryar Afridi and Shandana Gulzar, who were released in August after being detained in the immediate aftermath of May 9 riots.

The PTI leaders spent months in jail, remarked Justice Sattar. "You may spend some time in jail as well," he added, chiding the relevant officials.

Islamabad DC Irfan Nawaz and SSP Operations Jameel Zafar submitted their explanatory reply while ICT Advocate General Ayaz Shoukat appeared before the court as prosecutor.

Indicting the relevant officers for abuse of powers, Justice Sattar asked whether the accused had heard the allegations and reminded that the charges were read out before them in the open courtroom.

In response to a question by the court, SSP Zafar sought some time to present his defence.

The court also indicted SP Farooq Battar and later appointed Qaiser Imam as the prosecutor in the contempt plea related to the case.

The IHC had earlier suspended the detention orders issued for Afridi and Gulzar under Section 3 of the MPO, noting that the authorities had failed to satisfy the court that there existed an objective basis to detain the PTI leaders.

The court had directed the authorities to set the politicians free and bound both the PTI leaders to not leave the terroritorial jurisdiction of the IHC without permission while the matter is sub-judice.

It had further restrained the authorities from arresting them in any other case.

 

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IHC CJ orders PTI chief be shifted to Adiala jail​

Also reserves verdict on petition seeking open hearing of PTI chief's bail plea in cipher case.

Umer Burney
September 25, 2023

Islamabad High Court (IHC) Chief Justice Aamer Farooq on Monday ruled that PTI Chairman Imran Khan be shifted to Rawalpindi’s Adiala jail from the Attock district jail, where he is currently incarcerated in the cipher case.

The PTI chief was sent to jail on August 5 after he was convicted in the Toshakhana case. The trial court had ordered the Islamabad police chief to arrest the PTI chairman, but he was instead arrested by the Lahore police.

Moreover, the court had ordered the Adiala jail superintendent to receive Imran but he was taken to Attock jail. Subsequently, the ex-premier had petitioned the IHC seeking transfer from Attock jail to a better class facility in Adiala jail.

On August 11, Justice Farooq had reserved the verdict on Imran’s transfer application, stating he would “issue an appropriate order” on it.

Although the IHC had suspended his sentence in the Toshakhana case on August 29, a special court had directed Attock jail authorities to keep him in “judicial lockup” in connection with the cipher case.

Special court hearings in the cipher case against the PTI chief have been taking place at the Attock jail, citing security reasons. Earlier this month, the IHC also reserved its verdict on Imran’s plea challenging his trial at the Attock jail, rather than in Islamabad.

Today, Justice Farooq presided over the hearing while Imran’s lawyer Sher Afzal Marwat and Additional Attorney General Munawar Iqbal Dogal appeared before the court.

During the hearing, the IHC CJ remarked, “Shift the PTI chairman to Adiala jail”. He also sought a response from AAG Dogal on the matter.

 

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LHC issues guidelines for fool-proof reporting mechanism​

• RANA YASIF
  Justice Nadeem directs authorities to implement guidelines within three months to avoid negligence
  https://tribune.com.pk/story/2439197/lhc-issues-guidelines-for-fool-proof-reporting-mechanism

 

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Produce Sheikh Rashid or face cases, LHC tells police​

Malik Asad
October 3, 2023

RAWALPINDI: The Lahore High Court (LHC) has warned that a case will be registered against police officers if former interior minister Sheikh Rashid Ahmed is not produced within one week.

Mr Rashid, the chief of Awami Muslim League (AML), was picked up by men “in plain clothes” last month along with his nephew Sheikh Shakir and servant Sheikh Imran, the AML chief’s lawyer, Sardar Abdul Raziq Khan, said on September 17.

Justice Sadaqat Ali Khan of the LHC Rawalpindi bench on Monday took up a petition seeking Mr Rashid’s recovery.

Mr Raziq and Sardar Shehbaz Raza appeared on behalf of Mr Rashid’s counsels, while Rawalpindi Regional Police Officer (RPO) Syed Khurram Ali was present as the police’s representative.

Gives RPO one week to trace AML chief; seeks reply from IGP on Farrukh Habib’s detention

The police denied having the AML chief in custody and told the court that Mr Rashid’s nephew and servant had returned. It did not specify which agency had held them in custody.

The court ordered the RPO to trace Mr Rashid within a week and produce him before the court with a warning of legal action if the direction was not complied with.

A case would be filed against the senior superintendent of police (operations), the deputy superintendent of police and four station house officers who were allegedly involved in Mr Rashid’s arrest, the judge remarked.

Later, the proceedings were adjourned till Oct 11.

Mr Rashid’s whereabouts were still a mystery despite a court order on Sept 26 directing the police to “make an all-out effort for his recovery”.

 

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Lingering issue of missing persons ‘embarrasses’ court, IHC chief justice says​

Hearing case on journalist Mudassir Naru's disappearance, IHC tells govt’s chief law officer to take up the matter with PM Kakar.