Pakistan Supreme Court updates

[ghazi52]

'You should have resigned after train tragedy,' CJP tells Sheikh Rashid

January 28, 2020

Federal Minister for Railways Sheikh Rashid speaks to media following the Supreme Court hearing. —

The Supreme Court on Tuesday ordered Federal Minister for Railways Sheikh Rashid to submit in court a business plan to uplift Pakistan Railways from its current condition, giving the minister two weeks time to do so.

While hearing a case pertaining to losses incurred by the national organisation, a three-member bench comprising Chief Justice of Pakistan Gulzar Ahmed, Justice Ijaz-ul-Ahsan and Justice Sajjad Ali Shah expressed displeasure with the railways minister over his running of the organisation.

The chief justice asked the railways minister to inform the court about an October 2019 fire that had engulfed a train, killing 73 passengers when apparently a gas cylinder brought by one of the travellers had exploded.

"You should have submitted your resignation," said the top judge, in response to which Rashid said that 75 people had been dismissed after the tragic incident.

"Yesterday we were told that two people were fired. You fired lower-level employees, when will the higher-ranking ones be [dismissed]?" asked Justice Ahmed.

"We will also remove higher-level employees," said Rashid in response.

"We do not see this happening, you are the highest-ranking employee," remarked the chief justice, adding: "Minister Sahib don't show people dreams, today you are running an 18th century railways. There is plundering in the railways department."

In response, the federal minister said he had been working 18 hours a day and had increased railways' passengers by seven million.

"Even in 2020, your entire system is being run on parchis (favours)," the chief justice remarked.

A day earlier, the apex court had observed that no department in the country was more corrupt than Pakistan Railways and summoned Rashid, the railways secretary and its chief operating officer to answer the court's questions today.

During today's proceedings, the chief justice said: "Yes, Mr Sahib [Rashid], tell us what you are doing. Your whole story is in front of us. The railways will not function under your administration."

Additionally, the court said ideally revenue from railways should take the ministry out of debt and make it profitable. The three-judge bench asked Rashid to present a business plan in the next hearing, adding that if there was any deviation from the plan presented in court, action will be taken.

The court also ordered that the six-kilometre portion of the Karachi Circular Railway (KCR) be completed in two weeks and instructed the Sindh government to provide all assistance on the project.

Adjourning proceedings till February 12, the court summoned the minister and the secretary of planning in the next hearing.

Speaking to reporters outside the court, Rashid said he will take the railways forward as per the instructions of the chief justice.

Rashid also clarified that the audit report referred to in the Supreme Court earlier was an audit report from 2013-17, adding that their report has not yet been released.

"When our audit report is released, then we are answerable. This is the audit report of the previous government," he said.

 

[AZ1]

By this logic who should resign after not giving justice to lahore model town case and all?

 

[ghazi52]

'What is happening in Karachi? It was once the jewel of Pakistan,' laments CJP

February 06, 2020

Chief Justice of Pakistan Justice Gulzar Ahmed on Thursday took various officials to task for the condition of Karachi while hearing a case regarding the removal of encroachments in the metropolis and renewing the original face of the city. — PID/File
The Supreme Court on Thursday ordered the removal of the Sindh Building Control Authority (SBCA) Director General Zafar Ahsan while hearing a case regarding the removal of encroachments in Karachi and restoring the original face of the city.

The court said that an "honest officer" should be appointed, adding that the Sindh chief secretary look into the matter personally and take legal action against officials who are found to be involved in corrupt practices. He also directed authorities to remove encroachments in Karachi within a week.

While issuing the order, the court expelled SBCA Director (research) Mushtaq Soomro from the courtroom.

"No one is allowed to exploit citizens," the court declared.

"This department of yours is very corrupt," the court said to the Sindh advocate general.

"I admit, but there are some honest officials as well," the advocate general replied.

A three-member bench of the apex court comprising Chief Justice of Pakistan Gulzar Ahmed, Justice Faisal Arab and Justice Sajjad Ali Shah had taken up miscellaneous petitions in the Supreme Court's Karachi registry.

During the proceedings, Justice Shah noted that "portions are being built after openly taking bribes, in every street, every block of Nazimabad".

"Construction is being done while government-owned cars are parked [outside]," he added.

"This is the total destruction of the city of Karachi," the chief justice remarked.

The court also directed that petrol pumps and other structures built on the drain on Shahrah-i-Quaideen be removed.


Karachi a mess

At the outset of the hearing, Chief Justice Ahmed had taken various officials to task for the condition of Karachi's infrastructure while hearing a case regarding the removal of encroachments in the metropolis and restoring the original face of the city.

During the proceedings, the top judge asked for the reason behind the situation in Karachi and said: "This is not some village, at one point Karachi used to the jewel of Pakistan.

"What a mess you have created in your self-serving interests. Entire parks, graveyards and residential plots have vanished.

"You want to run Karachi, then run it and show us."

The top judge asked Sindh Advocate General Salman Talibuddin if various illegal constructions in the city had been removed.

"Tell us, what is the situation of parks and playgrounds?" Justice Ahmed inquired.

He told the advocate general to read Article 140 of the Constitution, which reads: "Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments."

"Doesn't this article apply to Sindh?" he asked.

Throughout the proceedings, the various officials continued to trade blame. The provincial chief secretary told the court that the Sindh government had given most of the authority to the Karachi mayor.

"The mayor is wrong in saying he has no authority," the chief secretary said.

The top judge inquired about various aspects of the city's infrastructure including the sewerage system.

"All the money goes in your pockets," the top judge expressed his displeasure, asking if any money is spent of Karachi's citizens.

"Don't be a master in front of us, you are an employee of Pakistan," Justice Ahmed told the chief secretary.

"You people wear a suit and sit in an office. Tell us this, what street did you visit last," he said adding: "Tell us why you people don't make the city beautiful."

Taking Karachi Mayor Wasim Akhtar to the task, the top judge asked Akhtar if he had constructed any roads.

Responding to this, Akhtar said they had made small streets in the Nazimabad area of the city.

"There are no small lanes there, present a record of how many roads you have made," the top judge said and asked him to tell the court what he had done for the city.

Addressing the municipalities secretary, Justice Ahmed said: "You may be someone's favourite but there are no favourites here."

The court also asked the police about their strategy for removing encroachments, in response to which Additional IG Ghulam Nabi Memon said their job was to provide security.


Delay in KCR revival

Meanwhile, taking up a case regarding the revival of the local train and tram service, the court admonished both provincial and federal government officials for their failure to revive the Karachi Circular Railway (KCR).

At the outset, Justice Ahmed inquired if the court's order from last year to revive the KCR had been acted upon.

Various officials, including former Railways secretary Sikandar Sultan Raja, Commissioner Karachi Iftikhar Shallwani, Karachi Mayor Wasim Akhtar, and Sindh Advocate General Salman Talibuddin, appeared before the court.

During the proceedings, the provincial advocate general read out the apex court's earlier order in which the top court had directed that the circular and local train services be restored within a month.

Talibuddin said that they had provided a briefing in this regard, adding that the project had now been included in the China Pakistan Economic Corridor.

"We have completed the framework and sent it to the federal government three times," he said.

Meanwhile, the railways secretary said that they were not delaying the project; in fact, they were completing their responsibility.

"The government doesn't want that the circular railway is revived," remarked Justice Ahmed, adding: "Now we will issue a contempt of court notice to the Sindh chief minister and railways secretary. Let's also issue a contempt notice to the Karachi mayor and Karachi commissioner.

"Come with me, I'll show you how the work is done. You people don't want to fulfil your responsibility," the chief justice said.

The provincial advocate general said that the secretary was presenting an incorrect statement, adding that the removal of encroachments and handing over the land to the Sindh government was the responsibility of the Railways ministry.

"You people are [only looking at] your political agenda, due to political affiliations you are not doing this," the top judge remarked.

He reprimanded the railways secretary saying that instead of droning on with stories, the official should tell the court why the KCR was not operating.

"This will not work, just tell us why the KCR is not functioning," he said.

Meanwhile, the various officials involved continued to trade blame with the railways secretary alleging that the Sindh government was the hindrance.

"Is this the Sindh government's responsibility?" the court inquired, in response to which the railways secretary said that as per an agreement it was not the responsibility of the provincial government.

"Should we call the Sindh chief minister and ask him whose responsibility this is?" the court asked, asking the official: "You tell us, have you given the circular railway land to the Sindh government?"

The court expressed its displeasure, saying that at the time that the order was passed by the apex court, all the information was available. "You didn't know these problems?"

"If you accuse one another, nothing will happen," the judge said, adding that meetings had been ongoing for years yet no solution had been found.

During the proceedings, Advocate Faisal Siddiqui told the court that 6,500 people had been made homeless, yet big plazas in the city were not being demolished.

"Big, big buildings have been made on railways land, go demolish them," Justice Ahmed remarked.

The hearing was briefly adjourned as the court sought a copy of the Executive Committee of the National Economic Council (Ecnec) report that the KCR had been handed over to the Sindh government.

 

[ghazi52]

SC orders Sindh govt to pay Rs1 mn as compensation for Amal Umer's death
Haseeb Bhatti | Nasir Iqbal
February 11, 2020

Amal Umer died after being shot in an 'encounter' between police and suspected robbers. — Beenish Umer/File
The Supreme Court of Pakistan on Tuesday wrapped up the suo motu case on Amal Umar's death and ordered the Sindh government to pay Rs500,000 to the child's family while also donating an additional Rs500,000 to the Rah-e-Amal Trust established by the victim's parents.

A three-judge Supreme Court bench being headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Sajjad Ali Shah were hearing a suo motu case regarding 10-year-old Amal's death.

The Sindh government had initially offered to pay Rs500,000 as compensation to Amal's parents, but the top court ordered the authorities to pay an additional amount of Rs500,000 to the trust established in the deceased's name.

"The amount of the compensation money needs to be reasonable," the chief justice observed, despite Sindh Additional Advocate General Sibtain Mahmood's argument that there were no legal provisions for the government to grant such a huge compensation.

“This is the highest ever compensation money being paid to the victim family on the orders of the apex court,” Faisal Siddiqui, counsel for Amal's parents, told Dawn.

The court also ruled that the parents of the deceased will be entitled to seek further compensation or remedy for the negligence on part of the police in accordance with the law. Referring to the recommendations of the Sindh Health Care Commission, the parents were also allowed to utilise the report to seek further relief through any other proceedings under the law through the relevant forums.

The order also noted that the Sindh police have dismissed two police officers who were responsible for the shooting of the 10-year-old and that criminal cases pertaining to the incident were pending in relevant courts.

The parents of Amal, if they wish, can also join such proceedings so that the officials involved in the crime be dealt with in accordance with law.

Furthermore, the court ordered that the recommendations of the special committee, constituted by the Supreme Court in the case, be complied with by all relevant authorities.

During the proceedings, Justice Ahmed said that the "policemen did not know where to shoot and where not to shoot".

"Police mean to shoot one person but end up targetting another," he said and added that "a police official should not have a big gun" but a 9mm pistol.

He further said: "Only officers can evoke respect for police, a constable can't do that. A constable only takes orders."

"Some suitable standard operating procedures, system of intelligence gathering and proper weapons training should be in place, since the lives of the people cannot be put in risk unduly," observed Justice Ahsan.

Former chief justice Mian Saqib Nisar in 2018 had taken a suo motu notice of the killing of 10-year-old Amal, who was shot dead in August 2018 during an encounter between police and suspected robbers in Karachi.

Amal's death and aftermath
After she was shot, Amal's parents, who were in the car with her, took her to National Medical Centre (NMC), but the hospital told the injured girl's parents to take her to Jinnah Postgraduate Medical Centre or Aga Khan Hospital. NMC also refused to arrange an ambulance for Amal, who had suffered a head wound. The 10-year-old passed away after being denied medical treatment.

Her death caused an uproar across the country and questions were raised over so-called police 'encounters' and refusal by hospitals to provide medical care.

In the aftermath of her death, the Sindh cabinet last year approved the Sindh Injured Persons Compulsory Medical Treatment (Amal Umer) Act 2019, under which hospitals are bound to provide immediate treatment to any injured person without "complying with medico-legal formalities".

The law makes it compulsory for hospitals, both private and government, to provide treatment to any injured person "without any delay, on a priority basis, without complying with medico-legal formalities or demanding payment prior to the administering of compulsory medical treatment".

Under the law, police will not be allowed to "interrupt or interfere" until the person is deemed out of danger. Doctors will also not be bound to obtain consent of relatives while providing compulsory treatment.

Sindh Chief Minister Murad Ali Shah had also announced that the provincial government will set up a fund for the treatment of injured people.

The Sindh government had also informed the top court in an earlier hearing, that payment of compensation to Amal's family had been approved in line with the law. Amal's family, however, said that accepting compensation would be "shameful" for them.

Meanwhile, the Sindh police had promised the top court that regular training sessions will be arranged for police officers in order to avoid such incidents in the future.

 

[ghazi52]

SC directs ML-1 railway project to be completed in 2 years, KCR in 3 months

February 12, 2020

Minister for Planning, Development and Special Initiatives Asad Umar and Minister for Railways Sheikh Rashid Ahmed speak to the media outside the Supreme Court in Islamabad on Wednesday.


The Supreme Court of Pakistan on Wednesday said that the ML-1 train line should be made fully functional in the next two years while the Karachi Circular Railway (KCR) project should be completed in the next three months.

A three member bench — comprising Chief Justice Gulzar Ahmed, Justice Ijaz-ul-Ahsan and Justice Sajjad Ali Shah — heard a case pertaining to the losses incurred by Pakistan Railways.

There will be dire consequences if the timeline given for the completion of the railway projects is not followed strictly, the court warned.

Minister for Railways Sheikh Rashid Ahmed told the court that 85 per cent of the track for KCR has been cleared.

"We carried out an operation last night as well and razed a few buildings to the ground," Rashid said, assuring the court that work was being done to make KCR functional again.

Rashid also thanked the court for taking interest in the case, "We are grateful to you, a lot of work has been done in the past 12 days," he said.

"We are grateful to you, the whole nation is grateful," Justice Gulzar said in response while adding that the KCR is a "project for the people and not one individual. We want to bring good to people."

"Do not give the KCR project to Sindh government, keep it with yourself," Justice Gulzar told Sheikh Rashid while adding that KCR will end up like the Karachi transport system.

"We were hoping to even run trams in Karachi," the chief justice said.

He also asked the railways minister why the KCR was made part of China-Pakistan Economic Corridor (CPEC). "We added it to CPEC because of [our] financial situation," Rashid responded.

"China will give an expensive loan for KCR," the chief justice observed.

"If railways sells off some of its land it will be able to fix its own financial situation," the chief justice said. "Selling a single property from Karachi will fix the railway's financial system. But the court has put a stay on selling these properties," Rashid responded.

Minister for Planning, Development and Special Initiatives Asad Umar, who had been summoned to present the business plan for railways to the court, said that completing the project in three months will not be possible.

"You are saying that this can't be done [...] the project will be faced with delays while people are waiting for it [to be finished]," said the chief justice while stressing that that Pakistan Railways should not let its people sleep and "order them to work."

"Sheikh sahib when will the ribbon be cut for the project?" the chief justice asked about the KCR project.

"The country's financial situation is not too well at the moment. The real issue is that a large amount of funding is required for this project," Umar told the court in response.

"The Japanese people have been asking you over and over again about this project," the chief justice said to which Umar responded that the Sindh government will have to provide an answer for that.

Hearing this, the bench summoned a reply on the matter from the Sindh government in the next hearing. Umar also asked the court to tell the Sindh government to ensure action on the KCR project.

"Asad Umar, you are very respectable for us but you are not doing anything for railways," the chief justice said.

"We will present the 1,880 kilometres-long ML-1 project in front of the CDWP on March 10," Umar responded while adding that the project will also be approved by Executive Committee of the National Economic Council (Ecnec) on April 12," Umar told the court in response.

The court then enquired about the timeline for the completion of the project.

"From the day that it starts, the project will be finished in five years," Rashid told the court while adding that the Chinese will also be "satisfied with this project."

The hearing of the case pertaining to losses incurred by railways was adjourned for two months.

The hearing on KCR was adjourned until Feb 21; the next one will be held at the SC Karachi registry, where the railways minister and the Sindh chief secretary have been summoned.

 

[ghazi52]

SC adjourns CEO PIA appointment case till March 11
By Associated Press of Pakistan
March 3, 2020

• The additional attorney of Pakistan requested the court that Attorney General for Pakistan, Khalid Jawed wants to appear in this case before the court.
  
• Naeem Bukhari sought more time to submit reply in the court after consulting with Air Marshal Arshad Malik.
  

ISLAMABAD: The Supreme Court on Tuesday adjourned hearing of case regarding appointment of Air Marshal Arshad Malik as Chief Executive Officer (CEO) of Pakistan International Airlines (PIA) till March 11.

A three-member bench of the apex court headed by Chief Justice Gulzar Ahmed and comprising Justice Ijaz Ul Ahsan and Justice Sajjad Ali Shah heard the case.

During the course of proceedings, the Chief Justice said that two new applications had been filed in this case.

He said that the request came from Omar Lakhani while the second request came from three Earthquake Rehabilitation and Reconstruction Authority (ERRA) officers.

The court issued notices to the respondents over Omar Lakhani's plea.

Justice Ijaz Ul Ahsan asked petitioner Omar that he had to prove his claim in the petition.
The Chief Justice asked what was the relationship of ERRA and PIA?
The ERRA officers responded that their chairman also held four positions simultaneously.
The court rejected the request of the ERRA officers.

The additional attorney of Pakistan requested the court that Attorney General for Pakistan, Khalid Jawed wants to appear in this case before the court.

He said that the AGP was in London and pleaded the court to adjourn the hearing.
Chief Justice Gulzar Ahmed asked Advocate Naeem Bukhari counsel for Air Marshal Arshad Malik whether he had asked his client that which position he wanted to keep with him.

Naeem Bukhari sought more time to submit reply in the court after consulting with Air Marshal Arshad Malik.

The court accepting Naeem Bukhari's reply and adjourned the hearing of the case till March 11.

 

[ghazi52]

SC hears govt's appeals against PHC setting aside sentences of those convicted by military courts
Haseeb Bhatti
March 09, 2020

A three-judge bench, headed by Justice Mushir Alam, presided over the case. — Photo courtesy Supreme Court website


The Supreme Court on Monday — hearing over 70 appeals against the Peshawar High Court's (PHC) decision to acquit convicts sentenced by the military courts — directed the defence ministry to present a full record of the convicts and the charges against them.

A three-judge bench, headed by Justice Mushir Alam, presided over the case. The court issued notices to the defence ministry.

In 2018, the PHC had ruled that punishments awarded to 74 convicts by military courts on charges of terrorism were wrongful and based on ill will.

A two-judge PHC bench, comprising Chief Justice Waqar Ahmad Seth and Justice Lal Jan Khattak, had set aside the convictions on grounds of “malice in law and fact”.

In its 173-page judgement, the high court had rejected confessional statements of the convicts after highlighting flaws, also questioning whether the right to a fair trial under Article 10-A of the Constitution was extended to the convicts or not.

According to Article 10-A, a person shall be entitled to a fair trial and due process for the determination of his civil rights and obligations or in any criminal charge against him.

In Nov 2018, the apex court had stayed the high court order with a directive to the jail superintendents concerned to halt the release of the accused who had received different sentences, including death, in a number of cases.

During the hearing today, the additional attorney general said that there are over 70 cases, each which different charges. "The cases are against individuals involved in militant activities from 2004 to 2015," he said.

"The PHC did not follow the rules laid down by the SC. After the trial, about five per cent of the accused were acquitted," he contended, adding that majority of the convicts were acquitted during the investigation process.

Justice Muneeb Akhtar asked whether there was any other evidence apart from the accused admitting to the charges.

The additional attorney general replied that if there is a court martial, the punishment is swiftly awarded. If the accused does not confess to the crime, a trial is initiated against him, he said.

The judge stated that if the government wants a full trial, it should inform the court of the evidence against the convicts.

"Fair trial is not only limited to Article 10-A of the Constitution. The government’s case rests on the fact that the PHC solely relied on Article 10-A in its decision," he observed.

The SC directed the defence ministry to present a consolidated record of the the convicts, the nature of the crime, the case number, and the evidence collected in a chart, and and adjourned the hearing indefinitely.

 

[ghazi52]

Govt’s inability to contain COVID-19 at border irks CJP

By Hasnaat Malik:

March 18, 2020

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed has come down hard on the federal government over its inability to contain the novel coronavirus at the border, leading to an outbreak in the country.
According to The Express Tribune tally, the total number of COVID-19 cases stands at 287 in the country with 208 cases in Sindh while Punjab has 28, K-P reported 19, Balochistan has 16, Islamabad two, Gilgit-Baltistan 14 and none in Azad Jammu and Kashmir.
He was referring to the pilgrim influx from Iran through the Taftan border. Almost half of the Zaireen, who are kept at a largely mismanaged tent city at the border, have tested positive for the virus.

The top judge was also irked by the National Security Committee’s (NSC) request to adjourn civil cases and instruct magistrates and sessions judges to conduct hearings at prisons for three weeks. He observed that the authorities had not made arrangements to minimise the risk instead asked the judges to suspend judicial work.

The chief justice made the remarks while hearing a plea filed by Air Marshal Arshad Malik seeking a stay against Sindh High Court’s December 2019 order restraining him from working as the chief executive officer of the Pakistan International Airlines (PIA).
..................

The SHC decision came on a petition filed by the secretary general of PIA’s Senior Staff Association (Sasa). Subsequently, the PIA moved the Supreme Court against the SHC order and the top court bench – also comprising Justice Ijazul Ahsan and Justice Sajjad Ali Shah – clubbed Malik’s petition with a suo motu case pertaining to the PIA’s losses.

In today’s hearing, the apex court allowed Malik to continue working as the national carrier’s CEO after hearing arguments from Attorney General of Pakistan Khalid Javed Khan. However, the bench refused to suspend the SHC order against Malik.

It is learnt that Malik was unwilling to leave Pakistan Air Force (PAF). In the hearing the attorney general informed the bench of the officer’s competency.

In an earlier hearing, the bench had noted that the national flag carrier would need a fulltime manager and directed Malik to choose between PIA and PAF.

 

[ghazi52]

Courts to remain functional, decides CJP Gulzar Ahmed


MARCH 20, 2020

Chief Justice of Pakistan Justice Gulzar Ahmed on Thursday chaired a meeting of National Judicial Policy Making Committee (NJPMC) where it was decided against shutting countrywide courts despite rising number of coronavirus cases.


The meeting decided that the courts across the country would remain open and follow all standard operating procedures (SOPs) aimed at tackling the spread of virus. “We will not shatter the hopes of masses who look towards the judiciary for dispensing justice,” the meeting decided.


However, it said the chief justices of the high courts were authorized to take decisions on their own keeping in view the ground realities. The apex court judge Justice Ijaz ul Ahsan was appointed as the focal person to coordinate with the lower courts keeping in view the developing situation.

“The high courts will also appoint their focal persons,” the decision said adding that all high court would be bound to follow the SOPs devised to deal with the virus. Punjab Health Minister Yasmin Rashid on Thursday confirmed that 45 new coronavirus cases have been detected in the province.


Punjab Health Minister Dr Yasmin Rashid while addressing a press conference announced that overall tally of cases in Punjab has climbed to 78 after 45 more tested positive for COVID-19.

Balochistan on Thursday also reported 22 more coronavirus cases, taking Pakistan’s tally of such patients t0 377. According to Balochistan government spokesperson Liaquat Shahwani, all patients being placed in isolation centre.


A total of 252 tests of the individuals kept in Quetta quarantine centre were conducted from which 16 individuals have tested positive thus far. With the 22 new cases, the overall provincial tally has reached 45.

Meanwhile, Sindh Health Department on Thursday confirmed five more coronavirus cases in Karachi, taking the overall provincial tally to 211. The five new cases have been reported from the metropolis, increasing the total count of coronavirus positive individuals in Karachi to 61. The Khyber Pakhtunkhwa government on Thursday confirmed four more coronavirus cases. There are 23 confirmed COVID-19 cases in KP thus far, said provincial information minister Ajmal Wazir.

 

[El Sidd]

I request the CJP to obligate the government of Pakistan to provide essential food supply free of cost in Pakistan.

 

[ghazi52]

SC seeks information about measures to fight Covid-19

April 02, 2020

Details sought about training, PPE's given to medical staff, steps taken to ensure availability of ventilators and meds. — AFP

ISLAMABAD: The Supreme Court has sought complete information from the federal and provincial governments about measures taken by them to contain the Covid-19 pandemic.

The information sought by the apex court includes details about the training imparted, protective dresses and kits given to doctors and paramedical staff and steps taken to ensure availability of ventilators, medicines and hospital beds to cope with Covid-19.

Headed by Chief Justice Gulzar Ahmed, the directives were issued by a five-judge Supreme Court bench on Wednesday after it took up a challenge to exercise of suo motu powers by the Islamabad High Court (IHC) through its March 20 order of granting bail to under-trial prisoners (UTPs).

The hearing will resume on April 6, but till then the earlier directive of March 30 will apply. The order had restrained the federal and provincial governments from releasing under-trial prisoners following the outbreak of Covid-19.

The reports sought by the Supreme Court should throw light on the state of preparedness in hospitals managed by the federal government, the four provincial governments and that of Gilgit-Baltistan, as well as the Islamabad Capital Territory (ICT) administration, to treat Covid-19 patients.

Centre, provinces told to share details about the training imparted and protective dresses, kits given to paramedics

The court also decided to hear and determine the legality of orders issued by the IHC as well as the March 26 Sindh High Court (SHC) order of releasing UTPs, observing that prima facie these orders do not reflect the application of any law.

Syed Qalbe Hassan, who heads the Supreme Court Bar Association (SCBA), pointed out that 500 prisoners were entering jails per day, but the prison authorities had made no arrangements for their screening.

The apex court ordered all the Inspectors General of Prisons to ensure that no prisoner entered any jail without screening for coronavirus.

In case a prison is found to have virus-infected prisoners, the jail chief will ensure that the affected inmates are quarantined.

When the SCBA president invited the court’s attention towards 108 vacancies for doctors in different prisons, the bench ordered the advocate generals of the provinces to request their governments to fill these vacancies without delay.

Justice Sajjad Ali Shah regretted that police were detaining virus-infected people, but releasing those convicted of crimes.

“The answer is not to put these prisoners in the streets, but to make arrangements in jails to protect them from the spread of disease because they are dangerous criminals who put the lives of other people at risk,” the chief justice observed.

“The hunger to commit corruption on part of criminals is bigger than the hunger for food,” observed Justice Gulzar Ahmed.

The Supreme Court was also perturbed over a report that 519 UTPs were released on the basis of a press release issued on behalf of the Sindh High Court’s chief justice.

The Advocate General of Islamabad Capital Territory told the court that 224 prisoners had been released after the IHC order, but the apex court questioned what legal assistance he had rendered on the basis of which the high court issued orders to release UTPs.

The Advocate General of Punjab, Shan Gul, cited a number of LHC judgements to emphasise that inherent powers of a high court to exercise authority under Section 561-A stood eclipsed.

The court ordered all the governments to furnish latest reports about the capacity in jails, the number of UTPs, convicted as well as vulnerable prisoners and details about those who were released on bail.

Published in Dawn, April 2nd, 2020

 

[ghazi52]

SC directs federal government to remove Zafar Mirza as SAPM on health

Top court gives direction during suo motu hearing on coronavirus; makes no mention of Mirza's removal in written order.

 

[Green Arrow]

 

[ghazi52]

Country fails to make any system to curb graft: Supreme Court
April 17, 2020

ISLAMABAD: The Supreme Court of Pakistan has observed that its function is to look into legal and constitutional matters but the country’s top graft buster – the National Accountability Bureau (NAB) – still brings corruption cases to this highest legal forum for adjudication.

“The SC is supposed to look into legal matters but the NAB is still bringing fraud cases to this forum. It is unfortunate that since 1947 we have not been able to devise a system to check corruption,” said the Supreme Court judge Umar Ata Bandial on Thursday.

Justice Bandial was heading a division bench – also comprising Justice Qazi Muhammad Amin Ahmed –hearing a NAB plea against acquittal of two Utility Stores Corporation (USC) officials in a graft case.

NAB had filed reference against Ziaullah and Masood Alam for their alleged corruption but both the trial court and the Sindh High Court (SHC) acquitted them.

Appearing before the bench, the counsel for the accused said his clients had been exonerated.

He said the sad part about the NAB application was that the copies of the SHC verdict attached it were unauthorized. “The SHC registrar has said NAB made no request for a copy of its decision. NAB has also confirmed that the copies are fake,” he said.

NAB counsel said Section 32 of the National Accountability Ordinance 1999 (NAO) – the law that governs the accountability watchdog – required modification. “The government was asked to amend Section 32 in the Asfandyar Wali case. It was about time, the government amended the provision,” he said.

He said the bureau had submitted all other records and now its record-based application should be numbered.

Justice Qazi Muhammad Amin Ahmed said in this country all sort of NAB record disappeared or catches fire and nobody can later discover it. The court, however, later issued order to number the NAB petition as it adjourned hearing of the case for an indefinite period.

 

[ghazi52]

SC creates 11-member ad hoc committee to run PMDC
Dawn.com

April 17, 2020

PMDC employees' contempt of court petition against govt discarded. — AFP/File


The Supreme Court of Pakistan on Friday ordered for the creation of an 11-member ad hoc committee to run the Pakistan Medical and Dental Council (PMDC). The orders were given in a case pertaining to a petition filed by the government, seeking removal of the PMDC registrar.

Justice Ijazul Ahsan read out the short order, reserved on Wednesday, in court today.

According to the order, the committee will be headed by retired justice of the Supreme Court, Ejaz Afzal Khan.

Members of the council will include the Attorney General of Pakistan, the Surgeon General of Pakistan, vice chancellor of National University of Medical Services, vice chancellor of University of National Health Services, vice chancellor of Sindh Jinnah Medical University, vice chancellor Khyber Medical University, vice chancellor of Shaheed Zulfikar Ali Bhutto Medical University, vice chancellor of Bolan Medical University and principal of de'Montmorency College of Dentistry.

The court also discarded a contempt of court application filed by PMDC employees against the government for not following the Islamabad High Court verdict of Feb 11, in which the court had restored the PMDC and set aside the presidential ordinance that had created an alternative body called the Pakistan Medical Council (PMC).

The PMDC was dissolved by a presidential ordinance promulgated on Oct 19, 2019, which paved the way for the establishment of the PMC.

On Oct 20, the Ministry of National Health Services (NHS), despite strong opposition by PMDC employees, sealed the PMDC building and announced that the services of its 220 employees had been terminated and only class four employees would be retained.

Later, the PMC was established and the building was made functional.

However, on Feb 11, IHC declared the presidential ordinance null and void and restored PMDC along with the services of the sacked employees.

Rather than implementing the decision, once again the health ministry sealed the building and stopped employees from entering it.

Later, the government filed an appeal against the IHC decision with a division bench but could not succeed in getting the decision suspended or obtaining a stay order.

On the other hand, employees filed a contempt petition against the government in IHC.

On March 30, a bench, comprising Justice Mohsin Akhtar Kiyani, while hearing the contempt plea in the IHC gave one hour to the government to open the PMDC.

Though the ministry issued a letter regarding de-sealing of the PMDC building, it did not allow the registrar and employees to enter the building for three days.

On April 2, the ministry filed an application in the IHC stating that the appointment of the PMDC registrar was illegal and that he should be removed, which the court refused to do so.

On the other hand, the registrar also filed an application that even after a decision on the contempt application, the government did not implement the court decision.

The ministry finally agreed to de-seal the PMDC building on April 7, but appealed to the SC against the IHC's refusal to remove the council's registrar.