Pakistan Supreme Court updates

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SC allows Dr AQ Khan to appear before court today

News Desk

MAY 13, 2020

The Supreme Court (SC) on Tuesday allowed the country’s nuclear physicist Dr Abdul Qadeer Khan to appear before the top court today (Wednesday) to hear his petition seeking enforcement of his fundamental rights, including right to free movement across the country.

The two-judge bench of the apex court presided over by Justice Mushir Alam took up a petition filed by Dr Khan through his counsel Taufiq Asif.

Dr AQ Khan had filed an appeal in the top court against the Lahore High Court’s (LHC) September 25, 2019 judgement that had rejected a similar plea of his on the grounds that it lacked jurisdiction in view of special security measures taken by the state for his protection.

The top court had also rejected the plea of the defence ministry’s counsel to hear the case in camera.


During the hearing, the bench wondered as to how the petitioner first approached the Islamabad High Court (IHC), and later went to the LHC on the same subject.

Justice Yahya Afridi asked the petitioner’s counsel that it could have been better to approach the IHC again.


Dr Khan’s counsel prayed that the petitioner is a national hero, as it is a matter of human rights, the apex court can thereafter exercise its power under Article 189 of the constitution.

“The petitioner himself wanted to appear before the court,” the counsel said.

Upon this argument, the court allowed Dr Khan and adjourned the hearing until Wednesday.

The scientist stated in his petition that he was the pioneer of Pakistan’s nuclear programme, and it was owing to the untiring efforts of the people at the helm of the affairs that he had succeeded in making the country a nuclear power.

The petitioner said that he felt proud of having done his bit to secure Pakistan from the ‘evil eyes of [its] neighbours and other adversaries’.

The physicist furthered said that ever since he had come to Pakistan and started working on the nuclear project, he had enjoyed personal security befitting of his status. But now the situation was such that personnel of security agencies had stationed themselves in a house next door to make sure no one had access to him, he claimed.

Dr Khan was not allowed to move around, attend social or academic functions within the country without the prior approval of security authorities, the petition stated, adding that “this situation amounted to the petitioner being kept in virtual confinement”.

“This act of security authorities is illegal since no such order has been conveyed to me warranting the treatment being meted out to me now,” Dr Khan said.

 

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Centre has introduced uniform national policy for Covid-19, Supreme Court told

ISLAMABAD: The Supreme Court was informed on Saturday that a uniform national policy has been proposed for combating Covid-19 in consultation with the provinces which will be implemented by the federal government in consistent manner throughout Pakistan.

The federal government as well as four provinces on Saturday submitted their respective reports in the Supreme Court in suo motu case regarding combating the pandemic of coronavirus.

A five-member larger bench of the apex court headed by Chief Justice Gulzar Ahmed will resume hearing tomorrow on May 18 in the instant matter.

Two new members, including Justice Mushir Alam and Justice Sardar Tariq Masood, have been added to the bench due to non-availability of Justice Umar Ata Bandial and Justice Sajjad Ali Shah.

Justice Umar Ata Bandial will be hearing cases at the Lahore Registry from next week while Justice Sajjad Ali Shah will be hearing cases at the Karachi Registry.

Earlier, five-member larger bench of the apex court headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed was hearing the instant matter.

In pursuance of the court’s last order, the Centre and four provinces filed their respective reports about the steps taken for dealing with the pandemic.

In its report, the federal government through Deputy Attorney General Sohail Mahmood, informed the court that the latest meeting of the National Coordination Committee (NCC) presided over by Prime Minister Imran Khan proposed for adoption of uniform national policy for combating COVID-19 in consultation with the provinces which will be implemented by the federal government in consistent manner throughout Pakistan as per direction of the Supreme Court of Pakistan.

It added that during the meeting Attorney General Khalid Javed informed about the order passed by the apex court in the suo motu case regarding coronavirus. The AG pointed out the observation of the apex court that a national uniformed policy should be adopted by the federal and provincial governments to combat the pandemic as it affects fundamental rights of the people.

The AG emphasised the apex court’s observations that the federal government has to take lead in consultation with the provincial governments, take into account the advice of the medical experts and implementation of required SOPs and the government should also reopen trade and businesses, particularly the small ones, including community shops and small traders being the vulnerable segments of the society, involving livelihood of millions of people.

The court was informed that after detailed deliberations, the committee decided that construction sector could proceed with phase-II of the plan as per SOPs till May 11. Offices, shopping malls, public congregations, wedding halls and public gatherings would remain closed until May 21, 2020.

The decision to extend the shutdown or otherwise would be taken before May 31, while small community markets in urban and rural areas would be opened,” it added.

The court was further informed that the committee decided that provinces would notify Saturday and Sunday as days for complete lock down except essential services.

The committee further decided that the matter of resuming the inter-city public transport and inter-provincial transport via air, road, rail could be deliberated further in the NCOC meetings, the court was informed adding that all educational institutions would remain closed till July 15, 2020 and further extension of the period of closing down could be reviewed in the last week of June, 2020.

Likewise, the Punjab government in its report while defending its steps being taken for dealing with COVID-19 submitted that the provincial government is empowered to make legislation pertaining to health sector as well as maintaining peace and informed the court that in order to take effective measures for providing better health facilities to the people as well as maintaining peace promulgated Punjab Infection Diseases and Control Prevention Ordinance 2020, adding that the federal government has empowered the provinces to take decision relating to lockdown.

The report claimed to have full harmony with the federal government, adding that the provincial government suspended business activities in line with the direction of the Centre.

The report further stated that there is no difference among the federal government and provinces relating to lockdown, adding that lockdown was necessary for the safety of the people.

 

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SC finds 'no valid reason' for keeping malls closed, says no need to keep markets closed on weekends

May 18, 2020

Chief Justice of Pakistan Gulzar Ahmed on Monday issued directions to reopen shopping malls across the country.

During a hearing of a suo motu case regarding measures taken to deal with the coronavirus crisis — being heard by a five-member bench comprising the CJP, Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed — Justice Ahmed questioned the "logic" behind keeping malls closed.

In its written order, issued hours after the hearing was adjourned, the court noted that the Punjab government and Islamabad administration had approached the National Health Services and Research Centre (NHSRC) for permission to reopen malls and will likely obtain one today.

"If such can be done by the biggest province of Pakistan, i.e. Punjab, why the similar cannot be done by Sindh and apparently, we find no valid reason or justification for the same," the order read, directing Sindh government to approach the NHSRC for permission today.

It also observed that markets and shops were also opened in Khyber Pakhtunkhwa, Balochistan and Gilgit-Balitistan, and the governments had agreed to ensure that standard operating procedures (SOPs) are followed.

"We expect that after such application is made, the NHSRC shall give their decision today and if their decision is that shopping malls are allowed to open, the respective provincial government shall allow the shopping malls to be open and shall not create any hindrance or obstruction in this regard but ensure that SOPs are followed," the court order said.

The order also addressed the opening of markets on Saturday and Sunday, saying that the move was a "violation of Articles 4, 18 and 25 of the Constitution" and was not "justifiable".

"We do not find any justifiable rational or reasonable classification on the basis of which these two days are excluded from doing business, for that, all days of the week are the same. It is for the convenience of the human beings that the days have been given names, otherwise, there is no distinction between other days of the week from Saturday and Sunday."

The order "declared [the decision] to be illegal and accordingly set aside".

Earlier, during the hearing today, the chief justice had remarked: "Coronavirus does not go anywhere on Saturday and Sunday.

"What is the reason behind keeping markets closed on Saturday and Sunday?"

While responding to the queries by the bench, Sindh Advocate General Salman Talibuddin said that the province was implementing all decisions made by the National Coordination Committee (NCC), which is headed by Prime Minister Imran Khan.

The bench said that it will be the governments' responsibility to ensure that SOPs are being followed.

The court also restricted Karachi Commissioner Iftikhar Shallwani, who had appeared before court today, from sealing shops and markets.

"Instead of sealing shops, make sure that SOPs are followed," the chief justice said and directed the commissioner to reopen the shops that had been sealed. He inquired which "small markets" had been opened in the metropolis. The Sindh advocate general said that all markets, except shopping malls, were open.

"Are Zainab Market and Raja Bazar small markets?" the chief justice asked.

"About 70 per cent people go to malls for fun," Shallwani said. Earlier this month, the government had decided to ease restrictions across the country and had allowed businesses to operate with SOPs in place. Markets — that had been closed as part of measures taken to curb the novel coronavirus — were also reopened.

The SOPs went out the window once the lockdown was eased as hordes of people headed out to markets without taking any precautionary measures.

The Karachi administration had sealed multiple stores, markets and salons for allowing large crowds to gather.

NDMA quizzed on expenses
The top court bench, in its written order, said that it was "not at all satisfied" by the report presented by the National Disaster Management Authority (NDMA), saying that it could "find no reason why so much money is being spent on this coronavirus".

"There are other serious ailments prevailing in the country, from which people are dying daily and those ailments are not being catered and the coronavirus (Covid-19), which apparently is not a pandemic in Pakistan, is swallowing huge money."

The order went on to say: "We are not suggesting by any means that the governments should not attend to coronavirus but we expect that the governments should not put all its resources for this one disease, nor the country should be made all together dysfunctional, because of this disease, for its consequences will be highly detrimental to the people of Pakistan, and the federal government and all provincial governments should address itself on this point."

During the hearing, the bench had grilled NDMA over the money being spent to deal with the coronavirus crisis. The NDMA had submitted a report over the amount spent on medical equipment and quarantine centres for suspected patients.

"What is the reason behind spending hundreds and thousands of rupees on one patient?" the chief justice had asked the NDMA representative.

"Money has been spent on medical equipment, testing kits and quarantine centres," the NDMA representative explained.

The chief justice expressed concerns over the money allocated to cope with the health crisis and said: "Corona did not come so that someone can take away Pakistan's money."

"Billions of rupees are being spent on tin charpoys," he added.

Justice Amin expressed similar reservations. "I don't think money is being spent on corona with due consideration," he said.

The NDMA representative said that Rs25 billion had been allocated to the body and all of it had not yet been spent. The chief justice said that apart from the amount allocated to NDMA, the government had also handed out money to provinces. Money had also been allocated for the Ehsaas Emergency Cash Programme.

Justice Ahmed inquired about the steps NDMA has taken to deal with the locust attack and said that crops planted for next year would not be able to grow.

"The agricultural sector will not remain as important if industries become operational," the chief justice said.

The hearing was adjourned until tomorrow.

 

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'Supreme Court not concerned about money being spent on Covid-19 but the quality of services being provided'

Haseeb Bhatt

May 19, 2020

Chief Justice of Pakistan Gulzar Ahmed says quarantine centres lack basic facilities, regrets the wasting of money. — SC website/File


Chief Justice of Pakistan Gulzar Ahmed on Tuesday said that the top court was not concerned with the money being spent to cope with the coronavirus pandemic but the "quality of services" being provided across the country.

The top judge was hearing a suo motu case regarding measures taken to deal with the coronavirus crisis — being heard by a five-member bench comprising the CJP, Justices Mushir Alam, Sardar Tariq Masood, Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed. Initially, the bench included Justices Umar Ata Bandial and Sajjad Ali Shah but they were later replaced by Justices Masood and Alam.

The remarks come a day after the bench, in a written order issued after Monday's hearing, had said that it was "not at all satisfied" by the report presented by the National Disaster Management Authority (NDMA), saying that it could "find no reason why so much money is being spent on this coronavirus".

"There are other serious ailments prevailing in the country, from which people are dying daily and those ailments are not being catered and the coronavirus (Covid-19), which apparently is not a pandemic in Pakistan, is swallowing huge money," the written order had said.

During today's hearing, the chairperson of the NDMA appeared before the court in order to give an explanation of the money being spent to deal with the pandemic. The bench summoned NDMA chief Lt Gen Muhammad Afzal on the rostrum and discussed the report submitted by the body. The chief justice noted that the report mentioned a company that manufactured personal protective equipment.

"What is Desto Pakistan Army? Is this a private company?" Justice Ahmed asked, adding: "The machinery for this company has been brought through a special plane."

The NDMA chief explained that Desto (Defence Science & Technology Organisation) was a subsidiary company of Strategic Plans Division Force (SPD).

The chief justice inquired if the machinery for Desto was being ordered from a single Chinese company and said that Pakistan only received "third class" material from China. The bench, after questioning NDMA chief, said termed yesterday's report as "very useful".

Justice Ahmed raised questions over the condition of quarantine centres saying that "10 people are sitting side by side".

"What kind of quarantining is this?" he inquired, saying that centres did not have clean bathrooms and there was also no water.

The chief justice said that "videos of quarantine centres' poor conditions are being circulated on social media" with residents telling expatriates who wished to return "to die abroad but don't come to Pakistan".

He noted that Pakistan was a poor country, saying "We are playing with money and don't care for the people."

"Graduates are not being utilised in our country," Justice Ahmed lamented. "Pakistan has a lot of talent, it should be used."

The attorney general of Pakistan told the court that Pakistan now had the capability to make ventilators. The chief justice said that the country should be self-sufficient in everything, warning that "there will be a time when nothing, including medicines, will be available from abroad". He further said that all surgical instruments could be made in Pakistan.


'Court didn't say anything to Sindh govt'

During the course of the hearing, Sindh Advocate General Salman Talibuddin told the court that the lockdown was no longer as effective as it was before.

"Beauty salons and barbershops are opening," he said. The Sindh government had earlier imposed a strict lockdown, that included the closure of all businesses and activities that might lead to gatherings of people.

"They are not opening because of us," the chief justice insisted in today's proceedings. "Your inspectors are giving permission after taking money."

The top judge went on to say that the "court had not said anything to Sindh government."

In its order yesterday, the court had directed the Sindh government to obtain permission from National Health Services and Research Centre to open shopping malls across the province. It had noted that Punjab and Islamabad had done the same.

"If such can be done by the biggest province of Pakistan, i.e. Punjab, why the similar cannot be done by Sindh and apparently, we find no valid reason or justification for the same," the order had read.

In today's hearing, Justice Masood said that administrations of Punjab and Islamabad had decided to open malls and the court's order was "limited to Sindh".

"Do not blame the court for the opening of malls," he said.

"Malls were being opened in the rest of the country so there should be no prejudice against Sindh [in this regard]," Justice Masood observed. He said that the court's order issued yesterday was "completely clear" and added: "Malls are situated in limited spaces where precautions can be taken. There is a lot of rush at Raja Bazar, Moti Bazar, Tariq Road."

The top judge noted: "Sindh government has opened all government offices. You have opened the sub-registrar's office." He added that the sub-registrar's office was a "corrupt institute".

"Government offices have been opened, not those of public service."

The chief justice further said that the order to keep markets open on Saturday and Sunday was only applicable until Eid. When asked to "clarify" that the restrictions had only been relaxed until Eid, the chief justice said that it will be done in the next hearing.

The court directed the federal and provincial governments to submit their reports on the progress made so far and adjourned the hearing until June 8.

 

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‘Not everything is about money’: SC questions govt over quality of services at quarantine centres

The Frontier Post /

May 19, 2020


ISLAMABAD: The Supreme Court of Pakistan questioned the authorities on Tuesday regarding the provision of facilities at the coronavirus quarantine centres across the country to isolate and treat patients.

The five-member bench of the apex court resumed hearing the suo moto case today, where the National Disaster Management Authority’s Chairman LT Gen Mohammad Afzal was also present.

“The videos on social media are depicting the dire condition of the quarantine centres,” remarked Chief Justice of Pakistan Gulzar Ahmed.

The CJP said that at the quarantine centres, people are not getting basic facilities such as running water and clean washrooms.

“Our concern is not related to the expenditure, it is about the quality of services,” said the top judge to the officials present before the court.

“We have seen videos of people from Lahore Expo Centre and Islamabad quarantine centres,” said Justice Ahmed, adding that people are agitated and urging others to ‘die abroad but not come back to Pakistan’.

“10 people are sitting together at the quarantine centres, what sort of quarantine is it?” he said.

The CJP remarked that Pakistan is a very poor country and this aspect is being neglected. The general impression is that the resources are not in the hands of relevant people, he added.

“Everything is not about money, do not base this on money… Money is not important, humans are.”

‘Positive tests at government hospitals, negative in private labs’
The CJP noted that the public is facing an uncertain situation regarding the coronavirus tests as they do not know whether they are actually infected or not.

“In Lahore, four people tested positive at a government facility, but at a private lab they tested negative,” he pointed out.

The CJP continued that in a recent clip, a man was seen crying that his wife was not infected with the virus but the health officials did not pay heed to him.

“What to do in such a situation?… The relatives of a patient keep complaining that their patient does not have the coronavirus,” said the CJP.

Giving the example of the SC Lahore registry, the top judge said that the employees faced a similar situation where they tested negative at a private lab.

He observed that there are resources present to facilitate the public but they are not performing to their maximum potential.

The apex court stated that the NDMA is working primarily in cities but not in far-flung villages.

Justice Gulzar noted that all the major quarantine centres are in big cities. “All the government resources should be utilised for people.”

‘No PPE kit imported since April 20’
The NDMA chairman briefed the court regarding the government’s measures.

Since April 20 there has been no import of a PPE kit in the country, he told the court, adding that 300 ventilators out of 1,187 ordered have been received so far.

“We want products of good quality,” remarked the CJP, adding that the officials are importing safety equipment from only ‘one party’ in China.

The court emphasized that the country should be self-sufficient in the production of safety gear, to which the NDMA chairman responded that Pakistan is producing one million kits per month.

AG urges court to give orders keeping in view severity of situation
The Attorney General said that due to the court’s recent order to reopen shopping malls and small markets, the public is thinking that the coronavirus issue is not a serious matter.

The AG pointed out that the officials are now facing difficulty in implementation of measures due to the apex court’s orders.

He requested the court to keep in view the severity of the situation while giving remarks and orders.

Following which, the court stated that people are being affected by the coronavirus on a large scale and the SC will review the situation after Eid.

The court said that it gave earlier orders in the wake of Eid season but it will hold another session after the occasion.

The apex court subsequently adjourned the hearing until June 8.

 

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SC ignores plea to get experts’ views on pandemic
Nasir Iqba

May 20, 2020

Reports from NDMA, provinces on funds sought. — AFP/File
ISLAMABAD: The Supreme Court on Tuesday ignored the plea of Attorney General for Pakistan (AGP) Khalid Jawed Khan to seek an opinion from a team of epidemiologists for gauging real threat level and amend its last order in which the apex court held that Pakistan was not affected seriously with the deadly coronavirus pandemic.

“This is a medical emergency, therefore, an opinion of medical experts be sought in a similar fashion as the court did in the controversy regarding Zakat distribution,” the AGP argued while emphasising that none of them was qualified enough to grasp the real danger being posed by the outbreak of global magnitude.

“All the experts are cautioning that the coming month of June may witness a spike in the coronavirus cases, the outcome of which may be horrendous,” the AGP feared, but regretted that the people were not taking the pandemic seriously. Coming from the highest court of the country, observations like these carried so much weight that sometimes even the educated people got confused and didn’t believe in the executive about the level of the threat.

“This is horrendous,” the AGP reiterated, adding that markets were flooded with buyers after the May 18 order of the apex court. Advocate General for Sindh Salman Talibuddin endorsed the attorney general’s point of view, observing that the lockdown and restrictions were no longer as effective as they had been earlier. He said even beauty parlours and barbershops were reopening.

Reports from NDMA, provinces on funds sought

However, Chief Justice of Pakistan Gulzar Ahmed, heading a five-judge bench of the SC, asserted that they (barbershops and markets) were reopening not because of the SC order, instead they were being allowed by the respective inspectors.

The CJP said the Sindh government had opened up its departments but closed the private sector.

Later, the five-judge bench in its order stated that although the AGP and AG-Sindh had requested the apex court to constitute a team of doctors to seek their opinion, the court for the time being did not find this essential as the government functionaries were alive and could do whatever they could in accordance with the law.

The SC order explained that the AGP, AG-Sindh and the National Disaster Management Authority (NDMA) had alarmed that the worst was yet to come and the government was expecting serious spike in June for which the available resources with the government were not that much to effectively cope with the Covid-19 situation.

The court asserted that it was aware of the prevalence of the pandemic that had caused casualties, and huge funds and resources would be needed for its prevention, but the country’s financial health was not such to deal with the alarming situation.

The bench noted that the government was striving its level best to do everything to mitigate the situation and appreciated NDMA Chairman Lt Gen Mohammad Afzal for providing useful report, highlighting that the personal protective equipment was being manufactured locally for which the private sector was also being encouraged.

The court had been assured, the order said, that all the medical equipment would be manufactured in Pakistan, including testing kits and medicines.

The court also sought reports from the NDMA and the provincial governments on the distribution of funds and highlighted that the provincial governments were liable to comply with all directives of the federal government under Article 149(4) of the Constitution in grave menace to the public peace, tranquillity and economic life of the people that included the spread of coronavirus.

At the outset of the hearing, Chief Justice Gulzar Ahmed observed that the court was not concerned with the money being spent by the NDMA to deal with the virus, but with the quality of services being provided to the coronavirus patients in the country.

The chief justice expressed dismay over the state of affairs at different government-run quarantine centres with pathetic toilets, lack of sufficient water and where a number of patients spent time side by side without any social distancing.

Published in Dawn, May 20th, 2020

 

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SC bans entry of people ignoring SOPs

June 06, 2020

Face mask to be be worn during the entire time any individual is within the court premises. — SC website
ISLAMABAD: Taking notice of non-adherence to the standard operating procedures (SOPs) for prevention of spread of coronavirus, the Supreme Court has barred entry into the court premises of people wearing no face mask or bypassing temperature and symptoms checking and not passing through the disinfectant tunnel.

A notification issued by the Supreme Court on Friday and was enforced immediately ordered that face mask would be worn during the entire time any individual was within the court premises.

The notification said it had been noticed that the preventive measures for minimising spread of Covid-19 were not being fully observed by staff members of the Supreme Court, employees of other offices located in the court building and general public, visitors and litigants.

Therefore, the notification said, the competent authority had taken notice of this trend and ordered that wearing of face mask and getting checked for fever/temperature was mandatory for all persons on entering the premises of the apex court at the principal seat of Islamabad and branch registries at Lahore, Karachi, Peshawar and Quetta.

On Monday last, Chief Justice Gulzar Ahmed had also taken notice of violation of social distancing in the Supreme Court.

Heading a five-judge bench, the chief justice had asked during a case hearing why the courtroom was jam-packed. “What happened to the formula of social distancing? Who are you and why are you sitting here,” he asked while pointing at the lawyers, media persons and litigants/people present in the courtroom.

“I don’t want something to happen in this court. You should care about social distancing and take precautionary measures,” the chief justice had said.

All judges are wearing face masks according the SOPs issued by the government as part of the precautionary measures against the Covid-19 pandemic.

Published in Dawn, June 6th, 2020

 

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SC withdraws order on reopening of markets on Saturday, Sunday

The Frontier Post
June 8, 2020


ISLAMABAD: The Supreme Court on Monday withdrew its earlier order of reopening of markets, shopping malls on Saturday and Sunday.

A larger bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed on Monday resumed hearing of the coronavirus suo motu case.

Last month, the Supreme Court ordered the opening of shopping malls across the country and said that the decision regarding the reopening of markets will be reviewed after Eid-ul-Fitr.

As the hearing went underway, the Attorney General for Pakistan Khalid Javed Khan told the top court that the federal government was taking every necessary measure to control the spread of coronavirus in the country.

At which, Chief Justice of Pakistan Gulzar Ahmed stated that the government has yet not made any legislation on protection against coronavirus.

“If every institution of the country can work then why not Parliament?” CJP Gulzar questioned.

The National Disaster Management Authority (NDMA) informed the court that the testing capacity has increased to 30,000 per day in Pakistan.

“30,000 tests are not enough in a country having a population of more than 220 million,” said CJP.

The CJP asked NDMA to increase testing labs and direct provinces to enhance the testing capacity.

CJP Gulzar also asked NDMA Member Legal to brief the court about what measures have been taken so far in controlling locust attacks.

The NDMA told the top court that the authority had brought a special jet from Turkey on lease for locust spray.

The apex court summoned a record of taking aircraft on lease from Turkey and adjourned the hearing for the next two weeks.

Last month, the Supreme Court of Pakistan said that the decision regarding reopening of shopping malls, markets across the country was till Eid-ul-Fitr and it will be reviewed after Eid.

During the hearing, the Attorney General for Pakistan Khalid Javed Khan told the top court that coronavirus cases expected to peak in Pakistan by early June, and people were not taking the Covid-19 threat seriously after the apex court ordered to open shopping malls, markets.

At which, Chief Justice of Pakistan Gulzar Ahmed stated that the reopening of these shops has nothing to do with SC remarks as police inspectors were permitting businesses to reopen after receiving bribery.

 

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ISLAMABAD: The Supreme Court (SC) on Monday directed the federal government to make legislation for combating COVID-19 and ensure its implementation on the national level. The court also modified its previous order and withdrew its decision of opening markets and shopping malls over the weekend and allowed the government to form its own policy in this regard.

Last month, the court order opening of shops and markets for seven days a week to facilitate the public for Eid shopping, which were earlier shut down during the lockdown. A four-member larger bench of the apex court headed by Chief Justice Gulzar Ahmed heard a suo motu case regarding combating COVID-19. Attorney General Khalid Javed, Deputy Attorney General Sohail Mahmood and Idress Mehsud, Member (Legal) National Disaster Management Authority (NDMA) appeared before the court.

The court directed the federal government to take the matter of legislation for combating the pandemic seriously and ensure its implementation on national level. Chief Justice Gulzar Ahmed observed that China had immediately enacted laws for dealing with the pandemic. The court also directed the National Disaster Management Authority (NDMA) to submit before it on the next date of hearing complete details pertaining to the import of machinery for preparation of medical equipment as well as details regarding the aircraft taken on lease from Turkey for locust spray.

Similarly, the court directed that the federal government, Islamabad Capital Territory (ICT) as well as all the provincial governments and AJK to ensure provision of Personal Protective Equipment (PPEs) to all the sanitary workers with further direction that sanitary workers should not be allowed to indulge in going into the manholes without proper kits. The court also directed that all the respective governments should ensure that all facilities are provided to the sanitary workers besides enacting laws for their protection.

Earlier, during the course of proceeding, the court expressed its reservations about testing capacity of the pandemic. Idrees Mehsud, Member Legal, National Disaster Management Authority (NDMA) while replying to court queries submitted that the testing capacity has been increased to 30,000 tests per day. He further informed the court that at present there are 100 laboratories in the country conducting test for coronavirus. The chief justice, however, observed that it is very little for a country with a 200 million population adding that 100 laboratories should only be set up in Karachi, which has the largest population. The chief justice asked that out of the these 100 laboratories, how many are run by the government and private sector. The NDMA member legal, however, replied that they are only supplying medical equipment to these laboratories adding that the Ministry of Health would better inform the court in this regard.

Justice Ijazul Ahsen, another member of the bench, observed that the NDMA should have proper statistics in this regard. When asked as to whether test for the pandemic is conducted free of cost by the facilities available at the government level, the Member Legal NDMA replied in affirmative. To a question about number of ventilators available for the COVID-19 patients, the Member Legal, NDMA submitted that China had donated 100 ventilators. He further informed the court that it has placed order for 1,473 ICU ventilators on June 5, 2020 out of which 341 have been delivered while 245 ventilators are expected to be delivered by June 15, 2020. To a question, he said that ventilators are also being manufactured by POF, Wah as well as in private sector. The court adjourned the hearing for two weeks.

 

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The short order

Justice Umar Ata Bandial, Justice Manzoor Ahmad Malik, Justice Faisal Arab, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah, Justice Munib Akhtar and Justice Qazi Muhammad Amin Ahmed ruled that within seven days of the verdict, the "concerned Commissioner of Inland Revenue shall himself (and not some other officer) issue appropriate notices under the Income Tax Ordinance" to Justice Isa's wife and children.

The notice will direct them to "offer an explanation regarding the nature and source of the funds whereby the three properties in the United Kingdom that are in the names of the spouse and the children were acquired".

According to the court order, the respondents shall submit their replies and any "such material and record as is deemed appropriate"

"In case any of them is outside the country, it shall be the responsibility of such person to timely file a response, and the proceedings before the Commissioner shall not be adjourned or delayed for the reason of non-availability in Pakistan of such person," stated the order.

Upon receipt of the response, the Commissioner shall "give an opportunity of hearing to the respondents in person or through an authorized representative/counsel".

"The proceedings shall be concluded before the Commissioner within 60 days of the date of receipt of the notices as aforesaid, and the order shall be issued by him within 75 days of the said date of receipt, and no adjournment or extension in time whatsoever shall be given," it was further stated in the order.

Subsequently, the FBR chairman shall submit a report duly signed by him to the SJC regarding the proceedings, ensuring that the entire record of the proceedings is appended.

"If, within 100 days from the date of this Order, no report as aforesaid is received by the Secretary from the Chairman, FBR, he shall inform the Chairman of the Council accordingly and shall, if so directed by him, write to the Chairman, FBR requiring an explanation as to why the report has not been received," the order stated.

'On the wrong bus'
The petitioner's lawyer, Munir A Malik, concluded his arguments in court by saying that the federation had "gotten on the wrong bus" in the case.

Malik urged the court to dismiss the reference against the judge. He said that a website had been used to search for properties in London. The lawyer told the court that if one wanted to search properties in London, he/she had to pay for the privilege.

He said that the website sends a payment receipt to the relevant person who uses it to search for properties, via email. He said that British-Pakistani lawyer Zia ul Mustafa, who had searched for Justice Isa's alleged assets, had received three copies of the high commission's verified properties.

"Copies of politicians' properties searched were attached as well [in documents submitted]," he said. "If the government provides receipts as well then it will be revealed as to who searched for the properties," he added.

Malik said that if the search for the properties was conducted by the ARU, then it should provide receipts. He said that it seemed as if the ARU had only facilitated the search.

"The government only wants to remove the author of the Faizabad dharna case," noted Malik.

Justice Isa's wife submits money trail
The spouse of Justice Qazi Faez Isa on Thursday gave the money trail for the purchase of the three properties in United Kingdom (UK), saying that 700,000 sterling pounds had been transferred from her personal account through a private bank in Karachi.

Zarina Montserrat Khoso Carrera, the wife of Justice Qazi Faez Isa, recorded her statement via video link before the court and submitted that details pertaining to her accounts were available with the State Bank of Pakistan (SBP).

The court, while expressing satisfaction over the statement of spouse of Justice Isa, asked her that in order to examine the matter on merit, she would have to approach the Federal Board of Revenue (FBR) or the Supreme Judicial Council (SJC), and a decision in that regard would be given by the tax authorities.

Justice Isa had informed the Supreme Court the other day that his wife was willing to explain before the apex court through video link about the three properties acquired in United Kingdom (UK).

Recording her statement, the lady thanked the apex court for providing her with such an opportunity. “I am very much nervous as this is my first experience before the court, but I will try my best to follow your instructions,” Zarina said, adding that it has been a critical time for her as her father was near to death these day.

She said that she was married to Justice Qazi Faez Isa in the year 1982, and also showed her birth certificate and the old National Identity Card, saying her name was Zarina, adding that she did not know that she would buy properties in London after 21 years of marriage.

She submitted that she got her computerized identity card in the year 2003 and her name remained the same, adding that at that time her husband was not a judge. She said that she was entitled to Spanish passport, as her mother was Spanish and therefore she has a Spanish passport.

She said that when her visa expired, she applied for a fresh visa. When she got it, her husband was not a judge, but a lawyer. “So the allegation that I used the office of my husband for acquiring the visa was baseless,” Zarina Isa contended.

She stated that in the year 2020, she was granted visa only for one year and prior to that she was harassed and that’s why she was granted visa for a very limited period of time. She said that she bought the first property in the year 2004 in United Kingdom, adding that she was employed at an American School in Karachi and at that time, one Rehan Naqvi used to deal with her tax matters.

The spouse of Justice Isa showed the court the certificate issued by the tax authorities as she was filing her tax returns, adding that when her tax record was transferred from Karachi to Islamabad, she asked the FBR in that regard; however, she alleged that the FBR did not reply to her request.

She said that she had agricultural lands which were in Jaccobabad (Sindh) and Dera Murad Jamali (Balochistan) while her father used to look after the land while the government was well aware of all that.

She said that Rehan Naqvi had advised her to open foreign account, which she did and through that account, she transferred the money abroad for purchasing the properties. At this, she showed the court the record of her foreign currency account, saying she had to face great difficulties in seeking its details as, she added, the bank didn’t maintain 10-year old account.

The spouse of Justice Isa submitted that from 2003 to 2013, the whole amount was transferred from these accounts to London for purchasing these properties, adding that the money was transferred in her name and from her account as well.

She said that she bought one property for 236,000 sterling pounds, adding that she transferred 700,000 sterling pounds through a private bank for purchasing the properties. “All documents which I have shown are genuine and authentic and the London Bank Account is also in her name,” Zarina Isa added.

She said that another property was purchased in 2013 for 245,000 sterling pounds and in that flat, her son was living, while another property, which was in her and her daughter’s names was purchased for 270,000 sterling pounds. She said that now she was filing tax returns both in the UK and Pakistan, adding that she had already filed tax returns of London properties in the year 2018.

Meanwhile, Justice Umar Ata Bandial asked Mrs Isa that they had no jurisdiction to hear the matter on merit. However, he expressed satisfaction over her statement, and advised her that right now there were two relevant forums available to her: one was the FBR and the second was the SJC.

The judge advised her to present her all documentary proofs to those forums as those were competent to decide her case. “We felt that you have sufficient documents to present and I am sure that you will be heard properly; therefore, I wish you present these documents before the relevant forums,” Justice Bandial told the lady.

“Why I was not asked earlier and I waited for 13 months while my son was subjected to harassment in London,” Zarina Isa questioned. She said that she was not asking for any privilege, but she should be treated as an ordinary citizen in Pakistan.

Justice Bandial, however, said that she would be treated with respect and dignity, adding that she was a brave lady and hoped that she would be able to address her matter effectively.

“I must tell you one thing, we, as judges, are answerable for our actions in private and public life; therefore, we are much more accountable than other people, as we are holding other people accountable,” Bandial told Justice Isa's wife. “This not the trial of your husband and yours as well, but the trial of our institution,” Justice Bandial added.

When the spouse of Justice Isa continued, Justice Bandial called Munir A Malik, counsel for Justice Qazi Faez Isa to rostrum, who then asked Zarina to sign out. Justice Maqbool Baqar remarked that what was going on in the country in the name of accountability would also be looked into. He said destruction (of institutions) was under way in the country in the name of accountability and they would write (in the verdict) on it also.

Justice Baqar asked if the Supreme Justice Council (SJC) could review the performance of the president. To which, the federation’s lawyer, Farogh Naseem, said that it (Council) has the authority to review anyone’s performance.

Later, the court directed Barrister Farogh Naseem to submit before it in sealed envelop the record of 2018 tax returns, filed by Mrs Isa. Justice Umar Ata Bandial asked Farogh Naseem that the lady had also complained about the FBR attitude, to which the counsel for the federation submitted that if the complaint was proved true, it could be directly lodged with the prime minister.

Meanwhile, Farogh Naseem submitted before the court that Khalid Ranjha, Irfan Qadir, Additional Attorney General Chaudhry Aamir Rehman, and Sohail Mahmood, who were to represent president, prime minister, as well as other respondents, have adopted his arguments; hence they will not be arguing before the court. At this, the court adjourned the hearing for Friday (today) wherein Munir A Malik, counsel for Justice Qazi Faez Isa, was to argue in rebuttal.

 

[ghazi52]

SC suspends PHC’s release order of 196 military court convicts


Seeks record of cases against them; adjourns hearing till July 24


July 21, 2020

ISLAMABAD: The Supreme Court (SC) on Tuesday suspended the Peshawar High Court’s (PHC’s) order to release 196 military court convicts, and sought details of cases against them.

A three-member bench of the SC, headed by Justice Mushir Alam, heard a petition against the PHC’s verdict given on June17.

The apex court inquired whether the convicts were released from jail following the PHC’s decision. The additional attorney general (AAG) informed the SC that convicts had not been released as of yet. The AAG then requested the decision of the Peshawar High Court to be suspended.

Justice Qazi Amin remarked that the convicts were convicted after a trial by military courts, he added that each case will have its own particular evidence and facts.

Suspending PHC’s order, SC adjourned the hearing till July 24.

On July 11, a two-member bench, comprising of PHC Chief Justice Waqar Ahmed Seth and Justice Muhammad Naeem Anwar, issued a 426-page detailed judgment on the appeals of the convicts. The court allowed their release if they were not involved in any other case.

The judgment said that the convicted persons were neither allowed to meet their relatives nor given a chance to defend themselves. It also pointed out that there were no direct first information reports (FIRs) or complaints registered against them, and neither were any investigations carried out to prove the allegations against them.

The judgment added that the convicts were not given the right to file an appeal on their own. Hence, the judgment described the entire proceedings against them as a violation of relevant laws and human rights.

In the majority of the cases, the judgment observed, the convicts were arrested and kept in detention centres for months and years. The court maintained that the appellants were kept in isolation during custody and were not allowed to meet their relatives, nor were they given a chance to defend themselves.

In 196 cases, according to the ruling, the government and the relevant institutions provided records to the court in 18 months, while no record could still be presented in more than 150 appeals.

 

[ghazi52]

Apex court seeks details of all NAB DGs appointments

The Frontier Post
August 5, 2020

ISLAMABAD (APP): The Supreme Court on Wednesday sought details regarding appointments of all National Accountability Bureau (NAB) Director Generals (DGs).

A two-member bench of the apex court headed by Justice Mushir Alam sought appointment details of NAB DGs while hearing a bail application of Muhammad Nadeem Abbasi, an accused of committing fraud by becoming a NAB officer.

During the course of proceedings, the court also issued notice to the Attorney General for Pakistan.

Justice Qazi Faez Isa said Muhammad Nadeem was a middle pass and how did he call from Bahawalpur pretending as a NAB officer?

He said the accused called the Managing Director (MD) Pakistan State Oil (PSO) as DG NAB. The middle pass accused had only one buffalo, he added.

He asked how did the accused get the mobile numbers of senior officers?

The NAB Prosecutor said that different complaints were received from 22 persons including MD PSO.

The court also expressed annoyance over Advocate General Islamabad Niazullah Niazi and NAB Prosecutor Imranul Haq for not providing proper assistance.

Later, hearing of the case was adjourned till date in office.

Matiuulah Jan suo moto case; IG Islamabad submits report in SC: The Inspector General (IG) of Police on Wednesday submitted report before the Supreme Court regarding alleged kidnapping of journalist Matiullah Jan.

The report stated that terrorism provisions had been added to the case and a committee headed by DIG Operations was investigating the matter.

The report stated that the concerned agencies had been requested for assistance.

Application for provision of CCTV footage, mobile CDRs had been forwarded for investigation, it added.

The report stated that the investigation team had also written a letter to the National Database and Registration Authority (NADRA) officials to identify Zarak Khan. No response had been received from any department so far, it added.

 

[ghazi52]

CJP orders to make Karachi Circular Railway operational this year

Chief Justice of Pakistan Justice Gulzar Ahmed. — The News/Files


The operations of Karachi Circular Railway (KCR) should start its operations this year, Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed directed officials.

The CJP issued the instructions to secretary railways during the hearing of a case pertaining to the restoration of the mass-transit system at the Supreme Court’s Karachi Registry.

CJP Gulzar rejected the statement of secretary transport regarding the rehabilitation of the KCR track in the city and also reprimanded the secretary railways.

"[The] time we had given you for the restoration of the circular railway was running out and we would take contempt action against you," the CJ remarked.

The secretary transport informed the court that there were 24 crossings on the track and that underpasses or overhead bridges needed to be constructed at 10 intersections.

He added that from these 10 crossings more than 2000 vehicles pass through while the remaining 14 intersections have no traffic.

“Rs5 billion have been allocated for the construction and the tender process will be completed this week,” secretary transport said.

To this, the chief justice remarked: "Will you continue to extend the time like this or will the process ever be completed? Work on the superhighway is not complete yet, you will spend five to ten years in the project."

The CJP then inquired about the time required for the construction of gates, to which the secretary railways said that it would take six more months.

Chief Justice Gulzar Ahmed then told the official to keep this in mind that the KCR has to run this year.

 

[ghazi52]

Mafias feed govts, says Supreme Court

August 11, 2020
KARACHI: The Supreme Court (SC) on Monday observed that mafias were financing the governments as they knew no action will be taken against them due to monetary benefits they gave to the governments.

Hearing petitions against illegal encroachments on public parks, amenity lands, revival of Karachi Circular Railways and unauthorized multi-storeyed buildings in Karachi, the SC’s three-member bench, headed by Chief Justice Gulzar Ahmed, took an exception over lack of administration and poor governance in Karachi and observed that the government's writ does not seem to exist in Karachi.

The court observed that mafias were operating without any fear of the government writ and government functionaries were reluctantto take any action against them as they knew that they will stop their financing and monetary benefits.

The court observed that the city was facing a disastrous situation and it has to be handed over to some capable administration. The court observed that writ of the law is not applicable in Karachi while the chief minster Sindh was only seen visiting places on helicopter adding that neither municipal nor provincial government did anything for betterment of the city.

The court deplored that the Sindh government could not even take action against the KE though eight to 10 persons were killed due to electrocution. The court observed how an electric company has dared shut down electricity of the city and no action was taken against it. The court summoned the chief executive officer of the KE to appear before the court and observed that the court will see how electricity is closed down in the city.

The court observed that there will be no closure of electricity and if anyone dies due to failure of electricity, then FIR will be lodged against the CEO of the KE and names of responsible persons will be placed on the Exit Control List.

The court took an exception over the performance of KE for its frequent loadshedding in different parts of the city and observed that the National Electric Power Regulatory Authority should have taken control of the KE as it had failed to provide uninterrupted electricity to Karachi.

The CJP remarked that KE was gaining profits worth billions of dollars from Karachi and cleared its debts obtained from foreign financial institutions. The CJP observed that Karachi was a lawless city where every institution and department was master of its own will and every department has its own criminal procedure, penal laws and constitution.

The Chief Justice observed that the Sindh government, local bodies departments were the biggest enemy of the Karachi. The CJP took an exception over the performance of Mayor Karachi Waseem Akhtar and observed why he remained in the office and why did not he consider resigning and leaving the office when he could not deliver to the masses. The court observed that previous mayors of the city had destroyed Karachi and everybody was blaming each other and interested in destroying the city instead of protecting it. The court observed that infrastructure of the city had collapsed as children were dying in the open manholes while the government functionaries remained indifferent towards miseries of citizens. The court directed the commissioner Karachi to remove all billboards and hoardings from public properties of the city and examine the advertisement boards on private properties and remove billboards which were dangerous and did not fulfill the approved standard of the law.

The court took an exception over non-arrest of District Municipal Corporation’s officers involved in hoarding board falling case and directed the SSP South to arrest them and produce before the court. The court was informed that FIR of the billboard that fell near the Hotel Metropole building has been registered and disciplinary action has been taken against responsible officers who allowed permission for installation of such a billboard at the private building.

The court took an exception to delay in completion work of the Karachi Circular Railway despite the court order since June 2019 and it had to be completed in this year. The court directed railways and the Sindh government to complete the exercise within six months. The secretary railways submitted that nine-kilometer track has been cleared from encroachments while the remaining work has been halted due to non-construction of 10 underpasses agreed by the Sindh government.

The secretary transport submitted that the government has allocated Rs3 billion funds for construction of underpasses at KCR track for smooth functioning of KCR and tender process will be started within a week and underpasses will be completed within six months. He said that 14 other places were also examined but there was no need of underpasses at such places and manual measures could take care for smooth functioning of KCR.

The court observed that in case such manual arrangements were not found suitable, then the Sindh government shall proceed construction of underpasses in such places within the shortest-possible time. The court also directed the Sindh government to complete the fencing of necessary parts of the tracks within three months.

The court directed commissioner Karachi to complete the demolition exercise of Royal Park Residency, which was illegally constructed on two acres of land near the Alladin Park within three months. The court also issued a notice to foreign national owner of the land to file comments on application of allottees with regard to return of their outstanding dues along with 10pc interest rate.

The court directed commissioner Karachi to remove illegal construction of houses and a private school at Hill Park and Kidney Hill areas. The court observed that plots in question were part of the Hill Park area and property of KMC instead of PECHS; however, owners of the plots were free to claim their money from concerned authorities as per law.

The court observed that private schools cannot be allowed to operate on amenity land and directed private school administrations to remove the structure of building and return to the education society from which it took possession for running the private school. The court observed that private schools were operating in several residential houses in North Nazimabad and other parts of the city.

Regarding the construction of multi-storyed building at Com-3 situated at Benazir Park in the Boat Basin area, the court issued a notice to director general Karachi Development Authority to file the relevant report with regard to complete history of the plot along with necessary documents including maps.

The private builder's counsel submitted that Com-3 was a commercial plot and construction of multi-storyed commercial cum residential building was permissible under the law. Shehri representative Amber Ali Bhai submitted that Com-3 was not a commercial plot as claimed by the applicant and the subject plot was created for amenity and recreation purposes of the Benazir Park’s visitors.

On encroachments at Shahrah-e-Qaideen, the court directed the commissioner to remove encroachments from Shahrah-e-Qaideen and Khudadad Colony and beautify the greenbelts and amenity land with plantation and greenery. The court observed the Lines Area should be revamped by creating reasonable accommodation for the residents of the area. The court observed that Lines Area was once a beautiful area of the city but later on allotments of land were given without any proper documentation.

The court directed the Civil Aviation Authority to complete the park at Jinnah Airport within six months and no further commercial activity or construction will be allowed in 130 acres land meant for the park.

The court directed lessees of the dilapidated Sea Breeze Plaza to deposit cost of retrofitting of the building before the court within two months. The counsel of Sea Breeze Plaza lessee submitted that their clients were prepared to get the building repaired through retrofitting to make it habitable and willing to incur the cost of repair. The representative of NESPAK submitted that retrofitting of the building can be done but it could cost up to Rs500 million.

The court directed the counsel of the Sea Breeze Plaza lessee to deposit Rs50 million within two weeks while remaining Rs.450 million are to be deposited within two months as the consultants of NESPAK and Pakistan Engineering Council carry out repair of the building and ensure that the building shall not become any threat to the people or occupants for habitation.

The court also stayed the construction activities at the Karachi Gymkhana on application of commissioner Karachi. Advocate General Sindh submitted that KG was a heritage building and maintained by the heritage law and rules.