Tag: Athar Minallah

  • There are no black sheep in supreme court, Justice Minallah tells PM

    There are no black sheep in supreme court, Justice Minallah tells PM

    Supreme Court Judge Justice Athar Minallah while talking to the Attorney General of Pakistan (AGP), advised the AG to tell the Prime Minister Shehbaz Sharif that there are no black sheep in the SC.

    A five member bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the government’s appeals against the nullification of the NAB amendments in the top court today.

    Justice Minallah further said, “Ask the Prime Minister if there are any black sheep in the Supreme Court then file a reference against them.”

    The comment by Justice Athar came just two days after PM Shehbaz while addressing the PML-N General Workers’ Council said, “Majority of judges agree on the country’s prosperity, but a few black sheep in the judiciary are bent on giving relief to Imran Khan.”

  • Supreme Court rejects petition for live coverage of NAB amendment case

    Supreme Court rejects petition for live coverage of NAB amendment case

    The Supreme Court (SC) has rejected the Khyber Pakhtunkhwa (KP) government’s request for live streaming of the National Accountability Bureau (NAB) amendment case hearing on Thursday, Geo News reported.

    The top court rejected the plea filed by the KP advocate general, with Justice Athar Minallah being in favour of live broadcasting of the case.

    “The [hearing of] case should be broadcast live since this was the case before as well,” the judge said.

    The development comes as the SC is hearing intra-court appeals filed by the federal and provincial governments against the NAB amendments struck down by the top court.

    Chief Justice Qazi Faez Isa, Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Minallah, and Justice Hasan Azhar Rizvi are part of the larger SC bench hearing the case.

  • Govt demands resignation from Chief Justice Bandial

    Govt demands resignation from Chief Justice Bandial

    Federal Minister for Information and Broadcasting Marriyum Aurangzeb, in a press conference on Friday, demanded Chief Justice of Pakistan (CJP) Umar Ata Bandial’s resignation after Justice Athar Minallah’s hard-hitting note that said that the suo motu case of the delay in holding polls in Khyber Pakhtunkhwa and Punjab was dismissed by 4-3.

    Calling the CJP “controversial”, Aurangzeb stated that when the court’s proceedings become controversial with judges of the top court refusing to accept the judgement, how will the people accept the verdict.

    “Justice Minallah’s note is a question mark,” she said.

    Without naming Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, the minister said that it is not acceptable for the government that a breacher of the constitution is facilitated by the judiciary.

    She added that parliament will decide about elections, not Imran Khan.

    It is pertinent to mention that CJP Bandial is set to retire by September this year, after which Justice Qazi Faez Isa will become the new chief justice.

  • Crisis in SC deepens as Athar Minallah says that election suo motu case was dismissed by 4-3

    Crisis in SC deepens as Athar Minallah says that election suo motu case was dismissed by 4-3

    The crisis in the Supreme Court of Pakistan has deepened after another judge said that the suo motu case of delayed polls in Punjab and Khyber Pakhtunkhwa (KP) was dismissed by 4-3.

    Former Islamabad High Court (IHCJ) Chief Justice (CJ) Justice Athar Minallah released a detailed note, agreeing with Justice Jamal Khan Mandokhail and Justice Mansoor Ali Shah “particularly regarding the final outcome of the petitions and the suo motu assumption of jurisdiction by a majority of 4 to 3 because this was the understanding in the meeting held in the anteroom on 27.02.2023. It is noted that I had not recused nor had any reason to dissociate myself.”

    Justices Shah and Mandokhail had argued against the decision of taking suo motu by Chief Justice of Pakistan (CJP) Umar Ata Bandial.

    Following are the main points given by Minallah in his note:

    • He said that he read Mansoor Ali Shah and Mandokhail’s notes and agreed that the SC verdict was 4-3.
    • Referring to Munib Akhtar’s own judgment saying CJP’s power to take suo motu and form benches has “created imbalance, which ought to be corrected,” he noted that CJP’s power to form benches under SC Rules must be exercised transparently and fairly.
    • He pointed out that Pakistan Tehreek-e-Insaf (PTI) itself went to Lahore High Court (LHC) first, which allowed petitions and directed election in 90 days. So then why should SC wade into dispute, he asked.
    • Justice Minallah wrote that the court is being dragged into a political crisis, emphasising that the crisis escalated when PTI chose to resign from National Assembly instead of sitting in Opposition. He further said that the dissolution of the provincial assemblies was part of a political strategy.
    • Says SC has the duty to inspire public trust and not appear politically partisan. Everyone (including SC) has to take a step back and not stand on ego.
    • He called the political climate in the country “toxic”, saying that “it is inconceivable that political parties will even agree to have a dialogue, let alone arriving at a consensus.”
    • He said: “It is the duty of the Court to ensure that political stakeholders are not encouraged to bring their disputes to the courts for judicial settlement by bypassing the institutions and forums created under the Constitution. It weakens the Majlise-Shoora (Parliament) and the forums meant for political dialogue and, simultaneously, harm the judicial branch of the State by prejudicing public trust in its independence and impartiality.”
    • “When politicians do not approach the appropriate forums and bring their disputes to the courts, the former may win or lose the case, but inevitably the court is the loser”, he ended the note.
  • Balochistan Home Minister heads commission for recovering missing persons

    Balochistan Home Minister heads commission for recovering missing persons

    Balochistan Home Minister Mir Zia Ullah Langau has been appointed as the chairman of a commission that will look into the cases of missing persons.

    The commission will recover and investigate the cases of missing persons, provide legal assistance to the families of missing persons while also looking into the activities of these missing persons against the state.

    Earlier, the Balochistan home ministry formed a parliamentary commission on missing persons on the orders of the Balochistan High Court (BHC).

    It is pertinent to mention that the missing person commission received a total number of 9,133 complaints from the residents of Balochistan alone.

    Apart from this, Supreme Court (SC) was informed that overall 2,207 cases of missing persons are pending as of November 30, 2022.

    Prior to this, former Islamabad High Court (IHC) Chief Justice Athar Minallah instructed Prime Minister (PM) Shehbaz Sharif to ensure a resolution to the missing persons’ cases.

    The Premier assured the court that all-out efforts would be made to recover missing persons.

  • Imran Khan might be in trouble

    Imran Khan might be in trouble

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan will be formally charged with contempt of court on Thursday, September 22, after he failed to submit an unconditional apology in contempt of court proceedings against him for passing controversial remarks against Additional District and Sessions Judge, Zeba Chaudhry.

    The Islamabad High Court (IHC) in a circular stated that the proceedings of the case will start at 2:30pm, during which a larger bench of the IHC will frame the charges against Khan.

    “A 15-member legal team of Imran Khan, 15 law officers from the office of the attorney-general and advocate-general will be allowed to enter the courtroom,” read the circular.

    “[The] Islamabad administration and police will make security arrangements to maintain decorum in court,” it added.

    “Imran Khan’s response was unsatisfactory,” said IHC Chief Justice Athar Minallah, in the last hearing.

    Justice Minal­lah observed that Khan’s replies to the court’s show-cause notice appeared to be “Justifying contempt of the judiciary” and showed “No remorse or regret”.

    Expressing his disappointment in the response given by Khan to the court, which was the second of its kind, the court asked: “Even after the court’s input on the matter, this is the response submitted?”

    “It seems you want to fight this case […] and do not realise that the case against you is extremely seriously,” noted Justice Minallah.

    Declaring subordinate judiciary a ‘red line’, IHC CJ Minallah warned the PTI chairman that threatening a district judge is a more serious offence than threatsning a Supreme Court justice.

  • PM Shehbaz to leave ‘no stone unturned’ in missing persons case

    PM Shehbaz to leave ‘no stone unturned’ in missing persons case

    Prime Minister (PM) Shehbaz Sharif assured the Islamabad High Court (IHC) on Friday, September 9, that all-out efforts will be made to recover missing persons.

    “I cannot say that all of the missing persons will be recovered, but we will leave no stone unturned,” he assured the court “I will not give any lame excuse,” said the premier to the IHC Chief Justice Athar Minallah.

    Justice Minallah during the last hearing had instructing PM Shehbaz to ensure that missing persons — whose cases were being heard in the court, had to be produced before IHC on September 9 (today) and warned that the failure to do so would require the premier to appear in person on the said date and give an explanation.

    Justice Minallah stressed that the state’s responsibility should be fulfilled, regretting that in cases where missing persons were recovered, no further action was taken.

    Political leadership has to solve this issue

    “The political leadership has to solve this issue,” he said. “The court has no other way but to only ask the executive [about the issue].”

    Justice Minallah also stressed on the fact that no impression must be created that implies that law enforcement agencies were picking up citizens. The CJ reminded Sharif that national security was his responsibility.

    “This impression affects our national security,” he added. Addressing PM Shehbaz, he continued, “This court trusts you. Give [us] a solution for this [issue].”

    He asked who the court should hold responsible for enforced disappearances.

    PM Shehbaz replied that solving the issue was his duty.

    “Court will hold the chief executive responsible,” Athar Minallah warned, stressing that “people going missing is intolerable.”

    He said no entity was above the Constitution in the country, adding that this court would ensure civil supremacy, as well as the supremacy of the Constitution.

    Making people go missing biggest form of torture

    Justice Minallah then termed the practice of “making people go missing the biggest form of torture” and a “deviation from the Constitution”.

    “This court is a constitutional court … This court will look at the Constitution. There is no bigger issue than this,” he further remarked.

    He asked PM Shehbaz what the court should tell a small child approaching it for justice. “He also met the erstwhile prime minister,” Justice Minallah said, apparently making a reference to missing journalist Mudassar Naru’s son meeting former prime minister Imran Khan in December last year.

    PM Shehbaz told the court that a child of a missing person asked him to reunite him with his father. “His sentence is very disturbing for me,” he said.

    Saying that he was answerable to the courts and the people of the country, he added, “I am not here to play blame games.”

    Require two months to resolve the issue

    Law Minister Azam Nazeer Tarar then asked the court if he could speak about a few matters.

    In response, the IHC CJ said that he does not want to hear that the government has formed a committee and is probing the case. “I am telling you, no missing persons case should be filed again in this court,” he told the government in no uncertain terms.

    The law minister said that the government was holding meetings in this regard every week and that it required two months to resolve this issue and not a week.

    The court accepted the law minister’s plea to resolve the case within two months, adjourning the case till November 14.

  • Imran Khan to be indicted on Sept 22, response deemed ‘unsatisfactory’ by court

    Imran Khan to be indicted on Sept 22, response deemed ‘unsatisfactory’ by court

    The Islamabad High Court (IHC) on Thursday decided to indict Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on September 22 after he failed to submit an unconditional apology in contempt of court proceedings against him for passing controversial remarks against Additional District and Sessions Judge Zeba Chaudhry.

    “Imran Khan’s response was unsatisfactory”. said IHC Chief Justice Athar Minallah, who is heading a five-member bench — comprising Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangir, and Justice Babar Sattar — that heard the case.

    Justice Athar Minal­lah observed that Khan’s replies to the court’s show-cause notice appeared to be “Justifying contempt of the judiciary” and showed “No remorse or regret”.

    Justice Minallah went on to ask why the judges of the lower courts were considered different to those of higher courts. “You are justifying contempt of court which means that you have no remorse or regret,” the judge observed.

    Expressing his disappointment in the response given by Khan to the court, which was the second of its kind, the court asked: “Even after the court’s input on the matter, this is the response submitted?”

    “It seems you want to fight this case […] and you have no realisation that the case against you is extremely seriously,” noted Justice Minallah.

    Declaring subordinate judiciary a ‘red line’, IHC CJ Minallah warned the PTI chairman that threatening a district judge is a more serious offence than a Supreme Court justice.

    Before appearing for the hearing, the PTI chairman told journalists that he would become “more dangerous” if the government decides to send him behind bars.

    “They have been trying to [put me in jail for long now]. I will be more dangerous if they send me to jail,” Khan said to media, confidently smiling ahead of the hearing.

    Hours before the proceeding, Khan filed a new plea at the high court. He argued that the high court cannot exercise suo moto jurisdiction as per the Constitution. The arguments on the inadmissibility of the contempt case should be kept on record.

    “The written arguments will also be explained in the oral arguments during the course of the proceedings,” read the plea.

    A day earlier to the proceedings, Khan submitted a fresh response to the contempt of court case, in which in he expressed deep regret for his words.

  • Khan files new plea ahead of court hearing in contempt case

    Khan files new plea ahead of court hearing in contempt case

    The Islamabad High Court (IHC) is scheduled to resume hearing on Thursday the contempt of court case against Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan for threatening a female District and Sessions Judge, Zeba Chaudhry

    A five-member bench headed by IHC Chief Justice Athar Minallah will hear the case at 2:30 pm. The PTI chairman will appear before the court in person amid strict security.

    Hours before the proceeding, Khan filed a new plea at the high court. He argued that the high court cannot exercise suo moto jurisdiction as per the Constitution. The arguments on the inadmissibility of the contempt case should be kept on record.

    “The written arguments will also be explained in the oral arguments during the course of the proceedings,” read the plea.

    A day earlier to the proceedings, Khan submitted a fresh response to the contempt of court case, in which in he expressed deep regret for his words.

    In a 19-page-long document, Khan told the court that it should discharge the notice based on his explanation and follow the Islamic principles of forgiveness.

    “That the purpose of the contempt law is not to punish anyone but to uphold the majesty of law. The respondent [Khan] believes in the rule of law and supremacy of the Constitution,” the response said.

    “The respondent takes this opportunity to express his deep regrets over his unintentional utterances during the course of his speech at a rally which was taken out in response to the shocking news of the physical torture of Shahbaz Gill.”

    However, the submitted reply fell short of offering an unconditional apology.

    IHC on August 31 had directed the former prime minister to resubmit his response, giving him seven days to hand in the new draft. During the proceedings, IHC Chief Justice Athar Minallah had said he was “disappointed” by the written response submitted by Khan. He asked him to review it and submit it once more.

  • Justice Minallah questions whether Khan will put everything at stake for ‘game of thrones’

    Justice Minallah questions whether Khan will put everything at stake for ‘game of thrones’

    Irked by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s recent remarks about the appointment of a new Chief of Army Staff (COAS), the Chief Justice (CJ) of Islamabad High Court (IHC) Athar Minallah minced no words.

    “Did you hear Imran Khan’s speech from yesterday,” the Chief Justice asked the former prime minister’s lawyer on Monday. “Do political leaders deliver such speeches? Will everything be put at stake just for the sake of “game of thrones’?” The honourable judge asked during the hearing of a petition filed by the PTI against a ban imposed by the Pakistan Electronic Media Regulatory Authority (PEMRA) on the live telecast of the speeches of Khan.

    Khan on Sunday said that the government is buying time to “appoint an army chief of their own choice.” He alleged that Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Pakistan People’s Party (PPP) Co-Chairperson Asif Ali Zardari wanted to appoint their favourite as COAS because if a “strong and patriotic army chief” came, they would be questioned about their corruption.

    Read more: ‘Hamari fauj taggri hai’: Shehbaz, Zardari, Shujaat react to Khan’s anti-military remarks

    At today’s hearing, PEMRA’s lawyer informed the court that the regulator issued a show-cause notice to delay the airing of Khan’s live speeches. In response, the IHC CJ asked why the regulator did not ensure that the rule of delaying live speeches was followed.

    The media watchdog’s lawyer said that PEMRA’s orders were not aimed at a particular person.

    The court, addressing PTI’s lawyer, Barrister Ali Zafar, remarked “Let’s not make things difficult as your client also made irresponsible statements.”

    Justice Minallah said that the armed forces personnel were getting martyred “and you [Imran] are bringing their morale down”.

    He also asked the PTI counsel as to why [his party] was harming constitutional institutions. “You will only invite difficulties as a result of your statements,” he observed.

    IHC CJ Minallah said that the armed forces lay their lives for the nation and in case someone is involved in illegal activity, everyone should not be criticised over it.

    “Hold yourself accountable for your actions. You [Khan] want to issue statements as per your wishes and don’t want the regulator to do its job,” the CJ said.

    Meanwhile, the IHC ordered PEMRA to regulate in light of Supreme Court of Pakistan’s verdict and wrapped up Imran Khan’s application.

    On August 29 IHC suspended PEMRA’s recent notification that banned television channels from airing Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s live speeches.

    Read more: IK back on live TV: High Court suspends ban on IK’s speeches

    IHC Chief Justice Athar Minallah suspended the notification till September 5 after hearing the arguments and issued notices to the regulatory authority and Attorney-General of Pakistan Ashtar Ausaf Ali.