Pakistan High Courts updates

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LHC asks accountability court to conclude Ashiana trial within four months

April 18, 2020

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


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

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

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

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

Bench rejects bail pleas of Ahad Cheema, another accused

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

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

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

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

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

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

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

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

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

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

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

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

“There is sufficient material to believe that the petitioners are linked with the offences and one of the charge is causing huge loss to public exchequer, therefore, it was not an ordinary offence,” it further holds.

Dismissing the bail petitions for being meritless, the bench directed the trial court to conclude the trial within four months.

Published in Dawn, April 18th, 2020

 

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SHC directs public, private hospitals to immediately reopen emergency wards, OPDs

KARACHI: The Sindh High Court on Wednesday directed all public and private hospitals across the province to reopen emergency wards and outpatient departments (OPDs) immediately.

The high court was hearing a petition against the non-provision of treatment to general patients at public and private hospitals in light of the coronavirus outbreak.

Angered at hospitals' administrations, the SHC said that action will be taken against those health facilities where patients are not provided treatment.

"We should know how patients are being treated at emergency wards and OPDs [in hospitals]," said Justice Mohammad Ali Mazhar. "Is it necessary to take coronavirus tests of patients who are suffering from other diseases?"

Justice Mazhar said that the poor sought treatment at public hospitals. He wondered how things would function if hospitals' administrations did not correct their ways.

The petitioner's lawyer cited the example of a police officer who died from the coronavirus as he could not get treated. He said that OPDs were functioning as per routine in private hospitals.

"If the poor are not treated at government hospitals than this is unacceptable," said Justice Mazhar.

The lawyer informed the court that patients who came to hospitals for treatment of other illnesses were asked to have themselves tested for coronavirus.

"Patients suffering from heart attacks are dying due to delays in the coronavirus [test] reports," said the lawyer.

The high court directed all parties to the case to submit a report by May 19.

The SHC had issued notices to the national health services, provincial health secretary, three major government hospitals and five private hospitals to appear before the court over the matter.

The Sindh government had ordered OPDs of major hospitals across the province to remain closed in March after the coronavirus cases in the country had increased to a little over 200.

A petition had been filed at the SHC by two lawyers who said that first aid or any other kind of treatment to general patients was not being offered due to the COVID-19 pandemic.

Asim Iqbal and Nadeem Shaikh, the petitioners, said that instead of patients being provided medical treatment for various diseases and accidents, they were asked to provide coronavirus test results.

 

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SHC, Karachi, 1952

 

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SHC dismisses petition against appointments of four ECP members

A petition seeking quo warranto against four former members of the Election Commission of Pakistan (ECP), including three retired judges of high courts, who have recently concluded their terms as the body’s members, has been dismissed by the Sindh High Court (SHC) as not maintainable. Quo warranto is defined as a writ or a legal action that requires a person to show that by what warrant they hold, claim or exercise an office or franchise. The Aam Log Ittehad, a new political party headed by former Supreme Court judge Justice (retd)Wajihuddin Ahmed, sought quo warranto against Justice (retd) Shakeel Ahmed Baloch, Justice (retd) Irshad Qaiser, Justice (retd) Altaf Ibrahim Qureshi and former bureaucrat Abdul Ghaffar.



The party’s petition said that their appointments were made in violation of Article 207 of the constitution that barred the appointment of any retired judge of the SC or high courts from holding any office of profit in service of Pakistan, which included the ECP, two years after their retirement. The petitioner said that former judges of the Balochistan, Peshawar and Lahore high courts had taken their oath as members of the ECP prior to the completion of their prohibitory term of two years, while the former bureaucrat had been placed on the exit control list for his involvement in a Rs2 billion corruption scam. The party said the ECP members had been appointed in contravention of the law by the outgoing Pakistan Muslim League-Nawaz government with the support of the Pakistan Peoples Party, which was the largest opposition party in parliament.



The ECP and the other respondents said that the instant petition was misconceived, as the appointment of the ECP members was made by Pakistan’s president under Article 218(2)(a)(b) of the constitution, while the provisions of Article 207(2) were not attracted in the instant case. They explained that the procedure for the appointment of the chief election commissioner and the members of the ECP had been provided under Article 213, read with Article 218, and not under Article 207 of the constitution. They questioned the maintainability of the petition on the grounds that the instant petition had been filed with mala fide intention as a counter blast to the decision rendered by the ECP members against the petitioners, whereby the petitioners were had been disqualified from contesting the elections. Besides, they argued, the petition was also hit by laches (lack of activity in making legal claims), as it had been filed after an inordinate unexplained delay of more than two years after the date of the ECP members’ appointments.



They said that members of the ECP could only be removed by the Supreme Judicial Council in terms of Article 209 of the constitution, so quo warranto against the respondents was not maintainable and was, hence, liable to be dismissed. After hearing the arguments of the case, the SHC’s division bench headed by Justice Aqeel Ahmed Abbasi said that the office of the ECP was a quasi-judicial office, so the bar of expiration of two years in terms of Article 207(2) of the constitution would not be attracted in the case of appointment of retired judges of the SC and the high courts. The court said that quo warranto could not be issued against the retired judges on the grounds that their appointments had been made before the expiration of two years from the date they had ceased to hold office as judges of high courts, and the writ against them was misconceived and not maintainable.



Regarding quo warranto against the retired bureaucrat, the court said that neither any substantial constitutional or legal grounds had been agitated nor any sufficient material or evidence had been produced in support of the allegations of corruption against him. The court, therefore, had not inclined to conduct any inquiry or to make an investigation into the allegations levelled against the former bureaucrat while exercising the constitutional jurisdiction under Article 199(i)(b)(ii) of the constitution in the instant case, as the writ against him was not maintainable. The court, however, said the petitioners had locus standi (the right to be heard) to file the instant constitutional petition in the nature of quo warranto under Article 199(i)(b)(ii) of the constitution. The court explained that any person, who may not be an aggrieved party, can invoke the constitutional jurisdiction of a high court for the issuance of quo warranto so that a high court may examine the validity of an appointment to a public office on constitutional and legal grounds

 

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IHC dismisses plea to reopen private schools during pandemic

ISLAMABAD: The Islamabad High Court on Monday turned down the plea to reopen private schools, saying that it was not the job of the courts to intervene in matters of the executive.

The IHC, under Chief Justice Athar Minullah, was hearing a petition related to the reopening of schools. The applicant’s lawyer, in his arguments, said that people's jobs related to private schools were in jeopardy due to schools being closed.

Lamenting about the government's decision to order the closure of schools, the petitioner's lawyer argued that the policy was violating the basic rights of the public. At this, the IHC judge remarked that the coronavirus is a challenge for the entire country.

“Why do you want schools to reopen? This is the work of the executive, not of the courts, the court cannot interfere in the work of the executive,” remarked the CJ IHC Minallah.

The judge said that is the job of the government to deal with the coronavirus. “We have opened courts keeping in view the government's policy,” he said, adding that currently, the number one priority was to save people's lives.

The judge remarked that even developed countries have not reopened schools. The lawyer responded by saying that the government did not do anything for the private school teachers, to which the chief justice said that they can lodge a complaint with the relevant government authority.

The court later dismissed the petition upon the applicant’s decision to withdraw it.

The federal government has shut down schools across the country since May 7 to curb the spread of the disease.

 

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Two-member LHC bench hearing NAB cases reconstituted

LAHORE: A Lahore High Court (LHC) bench hearing National Accountability Bureau (NAB) cases has been changed.

On Monday, June 22, 2020, a new bench comprising Justice Syed Shahbaz Ali Rizvi and Justice Syed Sardar Ahmad Naeem will start hearing NAB cases.

The bench will also hear cases registered under the criminal law and the anti-terrorism act. From June 22, summer vacation would start at the Lahore High Court.

LHC Chief Justice Qasim Khan has issued judges roster for the first week of the summer vacation, under which six division and 19 single benches would work at the Lahore High Court principal seat.

On June 15, a two-member LHC bench, led by Justice Ms Aaliya Neelum, was constituted to hear NAB cases. On June 17, the bench heard NAB cases of opposition leader Shahbaz Sharif, Pakistan Muslim League-N MNA Birjees Tahir and Jang-Geo Editor-in-Chief Mir Shakil-ur-Rahman bail petition and adjourned the cases till next hearing.

 

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High court asks 21 employees to return BISP grant

Jul 08 2020

The list of the employees was shared with the high court by Khyber Pakhtunkhwa, establishment and administration department on February 14, 2020. — PPI/File


PESHAWAR: Peshawar High Court has taken disciplinary action against 21 of its employees, who have illegally drawn benefits from Benazir Income Support Programme (BISP) and ordered them to deposit collectively Rs2.668 million.

According to a press release issued here, after inquiry the competent authority (chief justice) ordered recovery of the said amount from the 21 employees, who either themselves or through their spouses were receiving BISP cash grants.

The authority ordered them to deposit the said amount in state exchequer and also ordered withholding their increments for three years.

The list of the employees was shared with the high court by Khyber Pakhtunkhwa, establishment and administration department on February 14, 2020.

Meanwhile, another official, Noushad Khan, who was serving as bailiff, was dismissed from service after completion of multiple inquiries against him.

It is stated that the charges of misconduct were proved against him. He was made liable for major penalty of dismissal from service under rule 4 (1) (b) (iv) of the Government of Khyber Pakhtunkhwa, Civil Servant (Efficiency & Discipline) Rules, 2011.

Published in Dawn, July 8th, 2020

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Apr 23 2020

PESHAWAR: The Peshawar High Court has issued show cause notices to its 22 employees seeking their explanation for illegally drawing the Benazir Income Support Programme financial assistance.

The federal government had identified a total of 221 employees of the high court and its circuit benches, and district, anti-terrorism and labour courts in Khyber Pakhtunkhwa.

Of them, 22 belong to the high court.

According to a news release issued here, the high court also directed the district and sessions judges of the province to take disciplinary action against the employees of their respective establishments over the anomaly.

The government had earlier deleted the names of more than 800,000 ineligible beneficiaries from BISP lists. The government had claimed that the names were removed after thorough inquiry.

Of them, 14,730 were government employees and 127,826 wives of government employees.

 

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IHC directs CDA to seal Navy sailing club

The Frontier Post

July 23, 2020


Abdullah Momand

ISLAMABAD: The Islam-abad High Court (IHC) on Thursday ordered the federal capital top civic agency the Capital Development Authority (CDA) to seal Navy Sailing Club on the Rawal Lake immediately as the building totally lacks legal cover.

While expressing extreme displeasure over the construction of the club, the Chief Justice Athar Minallah directed Secretary Interior to seal the club through the Capital Deve-lopment Authority (CDA).

The CJ also summoned affidavits from the CDA chairman Amir Ali Ahmed and board members.

In the remarks, Justice Minallah questioned “under which law, Pakistan Navy operates a commercial project.” The court ordered that it be satisfied on the matter at the next hearing. If the club is not sealed by the hearing next week, the cabinet secretary has to appear before court. The CJ also ordered the matter to be presented before the federal cabinet.

These aren’t the tribal areas, this is the country’s capital, he said adding we appreciate your many sacrifices and respect you, he told the navy representative. This is especially because of your martyrs, he recalled. The court remarked that no one is above the law. Neither this court nor anyone else.”

The judge called the CDA’s reply alarming and they have been unable to assert their authority. A board member of the CDA informed the court that there was no allotment letter for the land on which the club is built.

It should be noted here that Pakistan Navy on protected land of Zone 3, illegally established their sailing club having no approval from the civic agency which was later challenged in Islamabad High Court.

When asked what the CDA had done, he said it had issued notices. “What do you mean you issued notices?” asked Justice Athar Minallah.” Go knock down illegal buildings.”

The additional attorney-general told the court he wanted to assist it, but Justice Minallah told him he couldn’t. Go seal the building instead, he said.

The board member told the court that the prime minister gave permission for construction along the Rawal Lake. Answer what I am asking you, the chief justice said. He questioned the CDA’s attitude towards the poor and asked why they had a different attitude now. Tell us whether the sailing club is illegal or legal, he asked.

The member called it an “unapproved building”. “What does that mean? That means it’s illegal,” said Justice Minallah. He reminded everyone that the law will be followed as no one is above it.

When the Pakistan Navy representative asked for time to submit a reply Justice Minallah asked what he wanted time for. “No one is above the law, including this court,” he said. “We respect you, appreciate your sacrifices and honour your martyrs but if you will move beyond laws isn’t right and you will be made accountable adding that “Why are you defending something that is indefensible? court remarked.

He asked why the court shouldn’t initiate negligence proceedings against the CDA chairman and board members. The court later adjourned the case for a week.

 

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PHC moved for special courts on offences against religion

27 Aug 2020

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Petitioner says law and order situation occurs when concern of public was not addressed in time.


PESHAWAR: A lawyer has moved the Peshawar High Court seeking orders for the federal and Khyber Pakhtunkhwa governments to form special courts to deal with offences against religion like anti-terrorism courts, child protection courts and anti-corruption courts.

In the petition, Shabbir Hussain Gigyani also requested the court to order legislation or formulation of rules to introduce special procedures to handle such crimes covered by the Pakistan Penal Code Chapter XV. He sought orders for both governments to enforce rules through specialised agencies like Counter Terrorism Department, Federal Investigation Agency and Crimes Branch.

The lawyer prayed the court to order special arrangements for the safety and security of the proposed special courts, judicial officers, prosecutors, lawyers, complainants, accused, witnesses, and court staff.
The respondents in the petition are the prime minister and president, National Assembly through its speaker, Senate through its chairman, federal law secretary, chief minister and Khyber Pakhtunkhwa governor, KP Assembly through its speaker, provincial chief secretary, provincial law secretary and advocate general.
The petitioner said offences against religion were being dealt under Chapter XV of PPC and that they’re of highly sensitive nature as sentiments and religious beliefs of people were either attached or at stake.

He, however, said the mode of investigation and other procedural formalities were traditional, which certainly did not address the matter urgently, efficiently and transparently leading to delayed dispensation of justice, unfair trials, and insecurity to judicial officers, prosecutors, lawyers and witnesses.

The petitioner contends that it was need of the hour that the respondents make suitable and special arrangements and amendments to investigation process and penal and procedural laws by introducing special investigation team, special law and special courts for dealing with offences against religion.

An expert on criminal law, he said though laws were available to deal with offences related to religion, those matters were very sensitive for being attached to the feelings of both Muslims and non-Muslims and therefore, they needed to be dealt with extra caution and expertise.

He said when concern of public at large were not addressed in time due to delayed and faulty trial, public unrest, disharmony and law and order situations occurred.

The petitioner said according to a 2014 report of the National Commission for Justice and Peace, 633 Muslims, 494 Ahmadis, 187 Christians and 21 Hindus had been accused of blasphemy under various provisions of the law since 1987 and of those cases, very few had been decided.

He said both parties in such cases were vulnerable to extrajudicial actions as those matters were dealt in routine proceedings without special security and investigation and trial arrangements.

Published in Dawn, August 27th, 2020

 

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IHC seeks record of PM aide’s appointment as PTDC chairman

https://nation.com.pk/NewsSource/inp
INP
September 08, 2020

The Islamabad High Court (IHC) on Tuesday sought the complete record of the appointment of Special Assistant to PM (SAPM) on Overseas Pakistanis Zulfi Bukhari as the Pakistan Tourism Development Corporation (PTDC) Chairman.
Justice Aamir Farooq of the IHC was hearing a petition challenging the SAPM’s appointment as the PTDC chairman.
Advocate Hafiz Arafat stated before the court that Prime Minister Imran Khan appointed his aide the Pakistan Tourism Development Corporation chairman. Bukhari held the position previously on a temporary basis but was later appointed on a permanent basis, he added.
A notification regarding his appointment was also issued with the government initially stating that it was the cabinet’s decision to appoint the SAPM the chairman of the PTDC but later, it was said that the prime minister made the decision.
Justice Farooq questioned whether legal requirements for the appointment of the PTDC chairman were fulfilled or not.
He directed the government to submit the complete record of the appointment within ten days’ time.
The hearing was adjourned until September 29.

 

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IHC asks govt to explain delay in CAA DG's appointment

https://nation.com.pk/NewsSource/web-desk

Web Desk
September 08, 2020


The Islamabad High Court (IHC) on Tuesday directed the Attorney General to appear in person to explain the government's position as to delay in appointment of the Civil Aviation Authority (CAA) director general.
The IHC Chief Justice, Athar Minallah, who was hearing a writ petition moved by a pilot challenging revocation of his licence, took strong exception to the post of the CAA DG lying vacant for the past two years.
He observed the CAA director general's post is an important one but its charge has been given to the authority's secretary.

 

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LHC grants unconditional pardon to Punjab chief secretary in contempt case

Showcause notice issued to chief secretary earlier also withdrawn


September 08, 2020

LHC. PHOTO: EXPRESS

LAHORE: The Lahore High Court (LHC) granted on Tuesday an unconditional pardon to the Punjab chief secretary in a contempt of court case.
LHC Chief Justice Qasim Khan heard the case against the Punjab government for granting judicial powers to the commissioners and deputy commissioners of the province.
Provincial Chief Secretary Jawad Rafique Malik and Home Additional Chief Secretary Momin Agha appeared before the court.
During the proceedings, the chief secretary requested for an unconditional pardon, that the court granted, withdrawing the show cause notice issued to him earlier.
“After my suspending the notification people were punished under price control,” the chief justice remarked. “Whatever the previous chief secretary used to write became law, but after the Mustafa Impex case the approval of the cabinet has become mandatory. How can it be that the bureaucracy does not know the law?”
In July, the LHC sought a reply from the Punjab government after suspending a notification under which the divisional commissioners and deputy commissioners were granted powers of the special magistrate.
Petitioner Abdullah Tanveer had challenged the government’s notification issued on June 17.
While hearing the petition, the chief justice questioned the performance of the Punjab government. He grilled the government over delegating magisterial powers to the officials. The government should avoid disturbing the system, the CJ remarked.
He said it appeared that the government had a keen interest in judicial powers and the court would issue contempt notices to those who had issued the notification.
The Punjab government had made a mockery of the system, the CJ observed.
The petitioner’s counsel Barrister Momin Malik argued that the government had conferred magisterial powers on the officials for carrying out raids, conducting trials and other ancillary matters relating to price control, hoarding prevention, forests, mines and minerals, food adulteration and safety, encroachment on public and government land, canals and drainage, dangerous driving and violation of route permits, safety and design of buildings, land use and municipal services under any provincial and federal law in vogue.
He contended that the notification was a violation of Article 2(A) and sub-section 3 of Article 175 of the constitution. He implored the court that sections 14 and 37 of the CrPC were also violated as the government did not request recommendations from the LHC before issuing it.
Barrister Malik argued that the executive could not exercise judicial powers.
The petitioner prayed to the court to suspend the operation of the notification till a decision on the petition. He called for declaring the notification and the Code of Criminal Procedure (Punjab Amendment) Act 2020 unlawful and void.

 

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LHC disposes off 28,000, district courts over two lac cases during last five months


The Frontier Post
September 18, 2020


MULTAN (APP): Lahore High Court Chief Justice, Justice Qasim Khan Friday said despite COVID-19 and shortage of lawyers, the LHC disposed off 28,000 cases while the district courts decided over two lac cases at district courts across Punjab during last five months.

He said that only urgent cases were being heard due to global pandemic, deficiency of judges, lawyers and staff during this period.

Chief Justice of LHC Justice Qasim Khan expressed these views while addressing the district bar association here.

He said that it was need of the hour to speed-up the pace of work and sought judges and lawyers’ cooperation in this regard, adding that we are here to resolve complainant’s problems.

He urged the lawyers to appear before the courts regularly for settling down the cases.

Qasim Khan said the provincial government has announced allotment of 20 kanals piece of land in police line besides six kanals adjacent to katchery for new courts building and parking. Earlier, District Bar President Imran Rasheed Sulehari welcomed LHC CJ on his arrival at district bar.

 

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PHC, district judiciaries decided 444,489 cases; encountered multiple challenges during 2018-20


The Frontier Post
September 21, 2020



PESHAWAR: Registrar, Peshawar High Court (PHC) Khwaja Wajih-u-Din while sharing two years performance said that PHC has encountered multiple challenges such as lawyers’ strikes, Covid-19, lack of proper infrastructure in newly merged districts, inadequate human resources, and logistic constraints etc.

Addressing a press conference here Monday, Wajih-u-Din said that these challenges adversely affected the judicial performance in terms of execution of its business that led to increase in pendency as a whole despite strenuous efforts of Judicial Officers for timely disposal of cases.

He said PHC took various initiatives to minimize the deleterious impact of the adversities such as development of Standard Operating Procedures (SOPs) for judicial work during intensive phase of Covid-19, training of Judicial Officers, forming of Benches and hearing of cases virtually.

He informed that during last two years the PHC recorded 30,196 cases with a disposal of 27092 cases. The pendency increased from 38,846 cases at the end of August 2019 to 42,088 cases at the end of August 2020.
Sharing the performance of District Judiciary, he informed that pendency of District Judiciary increased from 198,456 cases at the end of August 2019 to 219,794 cases at the end of August 2020. During the period, a total of 438,938 cases were instituted while 417,397 were decided.

It was also shared that Child Protection Courts had been established at all the seven Headquarters wherein a total of 1,639 cases were instituted and 1,633 were concluded leaving a pendency of 1,674 cases at the end of August 2020.

Referring to the Data Analysis Wing (DAW), he informed that the institutional performance of judiciary could have been much better during the period but for the strikes and Covid-19 pandemic.
Registrar PHC said that PHC was set to plan the judicial performance for the next five years to promote transparency and consistency with a view to achieving the target of clearing the backlog and providing expeditious justice to improve the image of the judicial system.

He said that a discreet assessment would be carried out on the strengths and weaknesses of the system, available opportunities for improvement, and impending challenges to the dispensation of justice.
Efforts would be made to build the capacity of judicial officers to exploit strengths, overcome weaknesses, turn the challenges into opportunities and avail the same for better performance, he concludes.

 

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Withholding pension a violation of rights: CJ IHC

Withholding one's pension is a serious violation of fundamental rights, says Justice Athar Minullah


Saqib Bashir
September 28, 2020

PHOTO: FILE


ISLAMABAD: The Islamabad High Court (IHC) chief justice observed on Monday that suspending or withholding the pension was a violation of the basic human rights and directed the accounts general office to resolve the petition issue of former director general of the Federal Investigation Agency (FIA) Bashir Memon.

While hearing a petition filed by Memon against withholding of his pension, Chief Justice Athar Minullah directed the accounts general office resolve the matter within a week or submit an affidavit, stating reasons for withholding of his pension on the next date of hearing.

The chief justice remarked that if this could happen to an FIA director general, what would happen to a normal civil servant? He told the representative of the Accountant General Pakistan Revenues (AGPR) that they should rectify the system.

The AGPR representative said that the establishment secretary had not yet responded to the objections raised by accounts general office. The chief justice said that when his resignation was accepted, then else remained? He added pension papers should be cleared the next day of the retirement of a person.

“Withholding one's pension is a serious violation of fundamental rights,” he said. “Now is the age for technology. Everything should be on the computer. “In pensions [matters] you should make things easier,” he said.

The court was informed that the establishment division had approved Memon’s pension. The chief justices asked when [former secretary] Younus Dhaga's pension was approved why not Bashir Memon’s.

The AGPR correspondent said that the case of Dhaga was different.