Pakistan High Courts updates

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BHC takes notice of child’s assault, killing


Saleem Shahid
13 Oct 2020

A view of the Balochistan High Court. — BHC website


QUETTA: Balochistan High Court (BHC) Chief Justice Jamal Khan Mandokhail on Monday ordered the authorities concerned to submit a report about the murder of a minor boy after sexual abuse in Qila Abdullah district.

A BHC bench comprising Chief Justice Jamal Khan Mandokhail and Justice Abdul Hameed Baloch heard the case of murder of an eight-year-old boy in the Mazai Adha area of Qila Abdullah district on an application filed by the victim’s father.

The applicant requested for proper investigation, arrest of the culprits and bringing them to justice.

The chief justice also directed the BHC registrar to compile data of the pending cases of child abuse and direct courts to dispose of them as soon as possible.

The commissioner and deputy inspector general of Quetta and the deputy commissioner of Qila Abdullah appeared before the court and informed it about the progress in the investigation into the murder and sexual abuse case.

The Qila Abdullah deputy commissioner said that the postmortem report had confirmed that the child was murdered after subjecting him to sexual abuse.

“The investigation is under way and it requires more time,” the Qila Abdullah deputy commissioner said and requested the court to allow more time to submit a progress report.

The court granted him more time.

The bench directed the commissioner and Quetta DIG to assign the task to the Police Investigation Agency to assist the Levies in the investigation.

The court ordered the Qila Abdullah deputy commissioner and DIG to take all necessary steps for the arrest of main culprits.

The bench directed the commissioners and DIGs of all regions to take preventive measures to check the rise in child abuse cases.


Published in Dawn, October 13th, 2020

 

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Indian High Commission moves IHC for release of four spies

Petition prays to free the prisoners as they have completed their sentence

Saqib Bashir
October 15, 2020

ISLAMABAD: The Indian High Commission on Thursday filed a petition in the Islamabad High Court (IHC) for the release of four spies convicted by military courts on charges of espionage and terrorism in Pakistan.

According to reports, the petition was filed through Barrister Malik Shah Nawaz Noon which contended that the Indian prisoners, Bircho, Bang Kumar, Satish Bhag and Sonu Singh should be released as they have served their sentence.

“Keeping prisoners in jail after serving their sentence is a violation of the rights under the Constitution of Pakistan,” the petition prayed. “Legally, there is no reason for them to be imprisoned. Prisoners should be released and arrangements should be made for their return to India”.

Earlier on October 6, however, the second deadline set by the IHC for India to appoint a legal representative for another convicted Indian spy, Kulbhushan Jadhav, expired.

Pakistan has repeatedly invited the Indian government to pursue the case of the convicted Indian Naval intelligence officer but New Delhi has yet to appoint a legal representative.

The bench headed by IHC Chief Justice Athar Minallah presided the law ministry's request to provide counsel to Jadhav.

In August, the IHC had formed a three-member larger bench at the government’s request to appoint a lawyer for Jadhav for his appeal against the death penalty awarded to him by a military court.

Justice Minallah instructed the Attorney General of Pakistan (AGP) Khalid Javed Khan to determine if the court can appoint a legal representative for Jadhav – sans his or India's approval – and what consequences such a move would have.

The chief justice also asked if the convicted spy was provided with a copy of the previous hearing's order, to which the AGP replied in the affirmative.
"India should submit an application and obtain the documents through legal channels," said the AGP. The chief justice then adjourned the hearing of the case till November 9.

 

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LHC to follow Justice Isa, issues notice to PM Imran Khan

LAHORE: The Lahore High Court (LHC) Chief Justice Qasim Khan Thursday remarked that the Centre was interfering in the provincial affairs and the Supreme Court judge Justice Qazi Faez Isa was right in issuing a notice to the prime minister.

Justice Qasim made these remarks during the hearing of a case pertaining to the construction of Kartarpur Road filed by theShakargarh Bar Association. Justice Qasim said the LHC will also send a notice to the prime minister. He questioned how the federal government had completed the Kartarpur project. He said if the devotees decided to go to Kartarpur from Lahore then the condition of road was poor.

The chief justice asked how the federal government acquired this project and whether the Centre had transferred funds to the provincial government for this purpose. The chief justice asked the representative of Communication Department how all this happened. The representative said he knew nothing about it.
“This means the Centre is meddling in the affairs of the provincial government,” Justice Qasim Khan observed. He observed that the prime minister and chief minister were spending billions of rupees on their districts, but nothing was being spent on a road which could benefit the general public. The court adjourned the hearing till October 29.

LHC to follow Justice Isa, issues notice to PM

LAHORE: The Lahore High Court Chief Justice Qasim Khan Thursday remarked that the Centre was interfering in the provincial affairs and the Supreme Court judge Justice Qazi Faez Isa was right in...

www.thenews.com.pk

 

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Islamabad High Court directs for paying compensation to victim family of missing citizen

The Frontier Post
October 19, 2020



ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday directed for providing compensation to the family of the missing citizen Sajid Mehmood by the next date of hearing.

Chief Justice Athar Minallah conducted the hearing on a case pertaining to the non-recovery of IT expert Sajid Mahmood, who had been missing for five years.

At the outset of hearing, the bench remarked that if the compensation was not paid, then high officials would be summoned.

The bench remarked that why the court should not take action for non-implementation of it decision regarding payment of compensation to the victim family. The counsel for Interior Ministry lHasnain Ibrahim Kazmi adopted the stance that the ministry didn’t have such funds. It had requested the finance ministry to provide funds, he said, and pleaded that a letter was served on October 13, asking for the funds.

He said that as soon as the reply was received, the ministry would implement the court orders.

Petitioner’s lawyer Omar Gilani contended that the police had not submitted any report in last two years regarding the missing citizen, to this the bench remarked that even the police was not bothered to read the court decision because it was related to a common citizen.

Justice Minallah said that the missing citizen was a common man, not an important man, so no one cared.

CJ Athar Minallah remarked that the courts could only observe and asked the police officials that a person had gone missing from their area and the police had admitted that it was a case of disappearance.

The one who would be responsible in the law would be responsible for the incident, the court said. Further hearing of the case was adjourned till November 16.

 

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IHC seeks comments from law ministry in Kachehri attack case

The Frontier Post
November 30, 2020


ISLAMABAD: The Islamabad High Court (IHC) on Monday sought comments from federation on a case filed by accused in F-8 Kachehri attack matter raising objections on ATC’s judge.

Chief Justice Athar Minallah conducted hearing on the case filed by the accused in F-8 Kachehri attack case.

At the outset of hearing, the petitioner’s lawyer adopted stance that the two judges of Anti Terrorism Court (ATC) including Raja Jawad Abbas and Shahrukh Arjamand had been part of the inquiry related to the incident. He prayed the court to stop these judges from hearing this case as his clients had objections on them.

The petition prayed the court to shift this case to another court to ensure transparency in trial.
The court sought comments from ministry of Law and Justice and adjourned hearing into the case till December 7.

Meanwhile, ATC adjourned hearing till December 14, on a case against uploading of blasphemous material on social media.

The hearing was adjourned without further proceeding due to leave of Judge Raja Jawad Abbas.

 

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IHC terms Nawaz proclaimed offender in appeals pertaining to Al Azizia, Avenfield references



Tahir Naseer
02 Dec 2020

Nawaz Sharif has been in London since 2019. — AP/File


The Islamabad High Court bench, hearing two appeals by former premier Nawaz Sharif against his conviction in the Al Azizia and Avenfield corruption references, said on Wednesday that he would be declared a proclaimed offender. The court will issue a written order to this effect shortly.

A two-member bench, comprising Justices Aamer Farooq and Mohsin Akhtar Kiyani, heard the appeals filed by Nawaz himself. During the hearing, the court recorded the statements of the Foreign Office Europe-I Director Mubashir Khan and Federal Investigation Agency (FIA) official Ejaz Ahmed.


Khan, in his statement, told the court that he had received the advertisements for Nawaz's summons that were issued by the court and had sent them to the Pakistan High Commission in London. The official said that Nawaz was informed about the proclamations through Royal Mail and confirmation of delivery from the mail service was received on November 30.

Deputy Attorney General Tayyab Shah told the court that proclamations issued by the IHC were published in all newspapers in English. A letter was also written to Daily Jang London, he told the court.

The IHC had issued proclamations against Nawaz in October and had directed that it be published in two leading daily newspapers, Dawn and Jang. Through the proclamation, the court had asked the PML-N supremo to surrender himself in 30 days to avoid further adverse process.

In case the former premier remained absent even after expiry of the given period, the court would declare him a proclaimed offender and order attachment of his properties, the bench had said then.
Nawaz is currently in London, where he is seeking medical treatment. The former premier had left last year after developing health problems and has not returned since.

During today's hearing, the statement of FIA official Ejaz Ahmed was also recorded, who said that he was appointed as the head of a team constituted by FIA Punjab to deliver the court's summons at Nawaz's residences. He said that the team had visited Nawaz's residences in Lahore's Jati Umra and Model Town.
Ahmed said that the team met security staff outside the Model Town house who were informed of the court's proclamations regarding Nawaz.

The team also called for Nawaz from outside in a loud voice. The FIA team had also taken pictures during the visit to both houses, which were made part of the court record.
National Accountability Bureau (NAB) prosecutor Jahanzaib Bharwana urged the bench to dismiss both appeals "on merit" and said that Nawaz can be punished for not surrendering before the court.

"If [he] can be punished [for not surrendering], then the appeals can also be decided on merit," Justice Farooq responded. He told Bharwana to assist the court in the next hearing and present citations regarding how appeals by a proclaimed offender should be treated.


The case was adjourned until December 9. The court will hear both appeals along with two other cases — one filed by the NAB against Maryam Nawaz and another filed by the latter against her conviction in the Avenfield corruption reference.

 

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SHC orders registration of case against five policemen for killing two persons

Ishaq Tanoli
08 Dec 2020


KARACHI: The Sindh High Court on Monday directed a senior superintendent of police (SSP) to register a case against five policemen for committing the murder of two persons in an alleged encounter last year in Surjani Town.

The two-judge bench headed by Justice Nazar Akbar also asked the SSP (West) to immediately take disciplinary action against the policemen and submit a compliance report within three days.

The bench set aside the conviction of appellant Mohammad Javed handed down by the trial court in the police encounter and illicit weapons cases and observed that the cases of prosecution were not trustworthy and there were several dents in its story.

The prosecution contended that a police party headed by ASI Imran Rasheed was on patrol in April 2019 in Kaneez Fatima Society, Surjani Town, when they received information about a robbery and reached there. The suspects allegedly opened fire on the policemen, who returned fire that left Ghulam Shabbir and Ghulam Rasool dead and Javed was arrested on the spot. Their fourth accomplice Yousuf alias Murtaza, escaped.

Appointment of commissioner, DG SBCA challenged

The police booked the appellant with his alleged accomplices in two cases and an antiterrorism court (ATC) handed down a collective sentence of 16 years to him in January this year.

The appellant filed an appeal against the ATC order in the SHC and the appellate division bench, after going through the entire record and hearing arguments from both sides, allowed the appeal and directed the jail authorities to release the appellant if he was not wanted in any other criminal case.

The bench observed it had clearly surfaced that police officials ASI Rasheed, constables Mohammad Arif, Sajjad Hussain, Fahad Ali and Waqar Hussain had brutally murdered Ghulam Shabbir and Ghulam Rasool in the name of an encounter.

The bench pointed out many flaws in the story of the prosecution and said that in their own evidence the police officials had said they used submachine guns (SMGs) in retaliation during the alleged encounter, but only three SMG empties were secured from the crime site and as many spent bullet casings of pistol, said to have been fired by the suspects, were also found, but no policeman or passerby was injured and even nothing had hit the police van.

It observed that of the three empties of a 30-bore pistol, one did not even match with the so-called pistol alleged to have been seized from the dead and the appellant.

The medico-legal officer’s statement showed that the deceased persons were shot dead from a distance of about two feet with a single bullet injury in their heads with a very high-velocity weapon, it added.

The bench further said that the allegation of robbery and encounter that came on record at least in this case could not be proved because the memo of seizure and arrest did not show any empty of pistol and the so-called robbed articles sealed on the spot, adding that the failure of seizure of the property on the spot could only lead to believe that nothing was recovered from the deceased persons and the appellant.

The story of robbery had been an obvious afterthought that was why the case of robbery had not been tried by the trial court and no application under Section 21-M (joint trial) of the Anti-Terrorism Act, 1997 had been filed by the investigating officer or the additional prosecutor general to show that this case was still pending before the ATC, it added.

The police had lodged two cases against the appellant, two deceased and an absconder under sections 324 (attempted to commit murder), 353 (criminal assault or force to deter public servant from discharging his duty) and 34 (common intention) of the Pakistan Penal Code read with Section 7 of the ATA and under Section 23(i) (a) of the Sindh Arms Act, 2013 at the Surjani Town police station.

Appointment of commissioner, DG SBCA
Another division bench of the SHC on Monday issued notices to the provincial authorities on two petitions challenging the appointment of the commissioner of Karachi and the director general of the Sindh Building Control Authority (SBCA).

The bench headed by Justice Nadeem Akhtar put the Sindh chief secretary, secretary of services, general administration and coordination department, secretary of local government department, commissioner of Karachi, SBCA DG and other respondents as well as additional advocate general of Sindh on notice with the direction to file comments by next hearing.

A regular litigant petitioned the SHC and contended that on Nov 2 Iftikhar Ali Shallwani, who was already holding the post of administrator of Karachi, had been assigned an additional charge of commissioner of Karachi division till further orders.

The petitioner in the second petition argued that on the same day Shamsuddin Soomro, who was holding the post of additional chief secretary to the ombudsman secretariat Sindh, had been tasked with an additional charge of SBCA DG.

The petitioner contended that the additional charge assigned to both respondents was illegal and also prejudicial to all such officers who were entitled to be posted as commissioner of Karachi and SBCA DG.

The bench directed its office to fix both petitions for hearing in the second week of January.

Published in Dawn, December 8th, 2020

 

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Lahore High Court, 1882

 

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PHC commits to restore heritage of Peshawar


The Frontier Post
December 9, 2020
Humayun Khan


PESHAWAR: The two-member bench comprising of Acting Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid and Justice Ijaz Anwar directed competent authorities to ensure that drug-addicted people shall not enter to the premises of public parks, on Wednesday.

During hearing in case regarding restoration of historic ‘Shahi Bagh’ case Acting Chief Justice PHC remarked that public perks are homage for drug-addicts and such environment has bad impact on children.

Early court had directed tehsil municipal administration to restore ‘Shahi Bagh’ in collaboration with forest department. Assistant Director Forest informed PHC that the department had recommended forest roses for plantation.

Acting Chief Justice remarked that do not show picture to honorable court but do work on ground. Justice Qaiser Rashid remarked that due to ignorance of officials, court can stops officials from working against their positions. PHC had directed Chief Executive Office Cantonment Board Peshawar to appear before court regarding maintenance of Jinnah Park.


Director General Local Governments informed honorable court that 169 Kannals separate area has been specified for families in the premises of ‘Shahi Bagh’ Peshawar in which entertainment facilities shall be available.

During hearing Acting Chief Justice Qaiser Rashid remarked that honorable court is committed restore heritage of Peshawar. Justice Qaiser Rashid also remarked that weeding hall, swimming pool and other commercial activities shall be remove gradually from the premises of ‘Shahi Bagh’ Peshawar.

PHC directs Secretary, ES&ED, finance to appear on Jan 6: The two-member bench comprising of Justice Ijaz Anwar and Justice Muhammad Naeem directed secretaries of Elementary & Secondary Education and Finance to appear before court on next hearing in case regarding up-gradation of librarians.

The direction was given in Contempt of Court (COC) petition filed by Shakir Ullah and others against elementary and secondary education department for do not granting BPS-18 to librarians. The counsel for petitioners was Bilal Kakizai argued the petition before court. The two-member bench adjourned to 6th January 2021 and directed secretary elementary& secondary education and secretary finance to appear before PHC.

PHC set aside 35 years imprisonment in murder case: Peshawar High Court on Wednesday set aside 35 years imprisonment and Rs. 500000 fine of accused Arshid Bacha of kernal sher khan village swabi in murder case. The court has directed his forthwith release from jail.

Accused was convictted by model court swabi on 06.06.2020 and the same was challenged before the high court. Accused was charged for murder of his villager Sher and causing injuries to his sister-in law and the case was registered at Police Station kalu khan on under section 302/324 PPC.
The accused was acquitted on grounds of contradictions in statements of witnesses and its conflict with the medical evidence. Counsel for accused was Shabbir Hussain Gigyani Advocate.

 

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IHC reserves decision in PTV’s sacked employees case
The Frontier Post /
December 21, 2020

ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday reserved its judgment on maintainability of the case, filed by the Pakistan Television (PTV)’s sacked officials including Khawar Azhar and Qatrina Hussain.

Justice Miangul Hassan Aurangzeb heard the case, filed by the PTV’s sacked employees seeking their restoration.

During the course of proceedings, the petitioner’s lawyer contended that the contracts of the employees were canceled illegally.

He said only the PTV managing director had the powers to recruit or terminate services of the employees.

To a query of the bench, the PTV counsel said the employees were taking too much salaries and they were terminated under the contract terms. The emplo-yees would be given three months salaries in accorda-nce of the contract, he said.

To this, Justice Miangul Hassan said eligible people would not work in low salaries.

The Pakistan Television (PTV)’s counsel said the employees who were receiving salaries more than Rs350,000 had been terminated in light of the PTV board decision.


After listening arguments, the court reserved the decision on maintainability of the case.

 

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LHC summons PTA chairman for Dec 28

The Frontier Post
December 21, 2020


LAHORE (APP): The Lahore High Court (LHC) on Monday summoned the Pakistan Telecommunication Authority (PTA) chairman and others for December 28, on a petition seeking directions for removal of objectionable material about the so-called “fifth caliph of Qadianis” from the web.

LHC Chief Justice Muhammad Qasim passed the orders while hearing a petition, filed by Saeed Sindhu and others for the purpose. The court, adjourning the hearing till Dec 28, summoned the authorities concerned on the next date of hearing.

 

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Defamation suit against PM adjourned


The Frontier Post
December 21, 2020


PESHAWAR: The Acting Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid stop Additional District Judge from taking an adverse action against Prime Minister (PM) Imran Khan in defamation suit, on Monday.

The Additional Attorney General (AAG) Muhammad Habib Ullah appeared before court on behalf of Imran Khan in defamation suit filed by former Member Provincial Assembly Fauzia Bibi of Pakistan Tehreek Insaf (PTI). The AAG Muhammad Habib Ullah requested honorable court to cliff the identical cases because similar case is under proceeding in Swabi district courts.

Former MPA Miraj Humayun of PTI appeared before court and informed that she has no objection over transfer and cliffing of identical petitions. The Acting Chief Justice PHC Justice Qaiser Rashid directed ADJ Peshawar to ensure service of former MPA Fauzia Bibi in the case.

Moreover, Acting Chief Justice PHC Justice Qaiser Rashid granted bails to two alleged culprits involved in different crimes on two personal sureties and Rs, One lac on each petitioner. The honorable court granted bail to Yousaf Islam on two personal sureties and one lac.

Meanwhile, the honorable PHC also granted bail to alleged murderer Sardar Hussain on two personal sureties and Rs, one lac. The petitioner is allegedly involved in murder of Abdullah in their firing on Khan Wali and his father along with others.

 

[ghazi52]

A view of Chief Court Lahore.
Date: 1900s

 

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Islamabad High Court slaps Rs10m fine on secretaries, others

Holds state machinery responsible for failure to recover an abducted citizen


Saqib Bashir
January 02, 2021

Islamabad High Court seeks detailed responses on petition by November 2.


ISLAMABAD: The Islamabad High Court (IHC) has slapped a huge fine of Rs10 million on relevant authorities over their failure to rescue a man kidnapped from Islamabad around six years ago.
The IHC judge Mohsin Akhtar Kayani unveiled its 6-page written order while disposing of a petition filed by the brother of Ghulam Qadir, a man who was abducted on August 28, 2014 from the jurisdiction of Golra Police Station of Islamabad by half a dozen men in broad daylight.
The court noted that it is not satisfied with the working of the police department as well as the conduct of the secretaries of the Ministry of interior and the Ministry of Defence.


It said the secretaries are responsible both for the executive actions of their subordinates and their failures to perform their lawful duties. It noted that it was apparent in this case that the authorities failed to perform their duties and were liable for the consequences.

“Therefore the court declares secretary Ministry of Interior, secretary Ministry of Defence, SP (Investigation), In-charge JIT [joint investigation team], Golra Police Station SHO and IO [investigation officer] jointly responsible for their failure to provide due protection to Ghulam Qadir.”

The court held the state machinery responsible in the case and imposed a fine of Rs10 million on the above officials jointly and severally.

“The aforesaid officials are directed to recover Ghulam Qadir within a period of 30 days, failing which their cases will be placed before the competent authorities for initiation of departmental action under the relevant provisions of law,” order said.

The IHC had earlier imposed Rs2milllion fine each on defence and interior secretaries in Salman Farooqi case. In that case, the court had also ordered termination of the two secretaries as well as an IGP.

 

[ghazi52]

LHC asked to strike down Senate secret balloting

02 Jan 2021

The Lahore High Court has been asked to strike down the method of secret balloting for the election of the Senate to discourage floor-crossing and vote buying. — AFP/File


LAHORE: The Lahore High Court has been asked to strike down the method of secret balloting for the election of the Senate to discourage floor-crossing and vote buying.

Munir Ahmad, a lawyer by profession, in a writ petition filed through Advocate Azhar Siddique also assails the vires of section 122 (6) of the Election Act 2017 for being in violation of articles 222 and 226 of the Constitution.

The petitioner submits that the article 226 restricts secret balloting only for those elections that are held under the Constitution, which include elections for the office of president, speakers and deputy speakers of national and provincial assemblies, and election of chairman and deputy chairman of the Senate.

He states that the election for the members of the Senate does not fall within the definition of the elections as envisaged in article 226. Therefore, he argues, the voting can be held through an open ballot.

The petitioner contends that the framer of the Constitution, unfortunately, left a number of things open to be settled by parliament through statutory legislation and parliament has to confine itself to making the things transparent, merit based and to develop a system free of rigging and manipulation.

He pleads that by incorporating the words “secret balloting” in section 122 of the Election Act, prima facie, a door has been opened for corruption and corrupt practices and taking undue advantages to the members, therefore, this provision is null and void in the eye of law and has at the same time violated constitutional provisions.


The petitioner asks the court to allow the petition and strike down the method of the secret balloting in order to discourage the floor-crossing, use of looted and laundered money for vote-buying in Senate elections.

The lawyer also urges the court to set aside section 122 (6) of the Elections Act 2017 for being ultra vires to articles 222 & 226 of the Constitution in the interest of public, justice, equity and fair play.


Published in Dawn, January 2nd, 2021