Tag: Islamabad High Court

  • Absence of a woman member in the Council of Islamic Ideology questioned by the court

    Absence of a woman member in the Council of Islamic Ideology questioned by the court

    The Islamabad High Court (IHC) has raised questions over the absence of a woman member in the Council of Islamic Ideology (CII), reports Samaa.

    A petition was filed by a citizen named Maham Ali Khan in this regard. The IHC has ordered the Law secretary and the CII chairman to submit a response to the petition.

    The lack of inclusion of women in the constitutional body that advises the legislature whether or not a certain law is in accordance to the Quran and Sunnah is against Article 228 of the Constitution of Pakistan, Maham’s counsel Zainab Janjua told IHC judge Amir Farooq during a hearing on Tuesday.

    The CII can’t have more than 20 or less than eight members. The counselor said that currently there are 12 members in the body but none of them is a woman.

    The petitioner has requested that a woman member be included in the council.

  • Speaker Asad Qaiser lauds Shehzad Roy for his efforts against corporal punishment

    In a move welcomed by child rights organisations, the National Assembly on Tuesday passed The ICT Prohibition of Corporal Punishment Bill prohibiting corporal punishment in the capital, setting punishments for people physically punishing children.

    Speaker National Assembly Asad Qaiser lauded singer Shehzad Roy for his efforts against corporal punishment.

    The proposed law will cancel out the provisions of Section 89 of the Pakistan Penal Code, which allows physical punishment “for the benefit” of the child by guardians and teachers.

    Section 89 of the Pakistan Penal Code:

    Section 89 of the Pakistan Penal Code 1860 (No XLV) allows parents, teachers and other guardians to use moderate and reasonable corporal punishment as a means to correct the behaviour of children below 12 years of age.

    The bill was tabled by PML-N MNA Mehnaz Akbar Aziz. It will become a law after the Senate passes it and the president signs it.

    Last year, The Islamabad High Court (IHC) suspended Section 89 of the Pakistan Penal Code (PPC) and banned the practice of corporal (physical) punishment by parents, guardians and teachers on children. The decision was announced after singer-activist Shehzad Roy filed a petition in court to ban the use of violence to discipline children.

  • Imran’s neighbours accuse PM’s nephew of land grabbing

    Imran’s neighbours accuse PM’s nephew of land grabbing

    Residents of Bani Gala and reportedly the neighbours of Prime Minister (PM) Imran Khan, namely Azmatullah and Mohammad Umar Gondal, have accused the nephew of the premier of grabbing their land.

    According to a petition filed by the two in the Islamabad High Court (IHC), they purchased land measuring 30 kanals in Mohra Noor Islamabad which is adjacent to the land of the premier.

    It said that out of 30 kanals, they have sold 16 kanals while 14 kanals of land was in their possession.

    The petitioners started landscaping and designed the land to convert it into an orchard; labourers were also hired for this purpose. However, the assistant commissioner (rural) and SHO Banigala stopped them from construction, Dawn reported citing the petition.

    When the petitioners approached the district magistrate (deputy commissioner) and others, they were told that Shahraz Azeem Khan, nephew of PM Imran, is interested in buying their land and advised the petitioner that “it is better for them to sell this land” to PM’s nephew.

    It said that the petitioners were called by deputy commissioner when they reached his office, he arranged their telephonic conversation with PM’s nephew. The petitioners claimed that Shahraz Khan categorically asked them to sell their land or face consequences.

    As per the petition, the district administration threatened the petitioners they would be placed in fourth schedule of the Anti-Terrorism Act (ATA) or they would be jailed under Section 3 of the Maintenance of Public Order (MPO) and when they will come out of prison, their property would be occupied and they would never be compensated.

    According to the petition, under Article 23 of the Constitution, any citizen has the right to hold or dispose of his property.

    The petitioners requested the court to declare the forced acquisition of their lawful land as illegal and restrain the district administration and police from interfering in the matter.

    Justice Tariq Mehmood Jahangiri of the IHC has issued notices to the premier’s nephew, assistant commissioner (rural), the district magistrate and Banigala SHO on the petition, the report said.

  • Families of two accident victims pardon Kashmala’s son

    Families of two accident victims pardon Kashmala’s son

    Families of two out of four men who lost their lives after being hit by a vehicle of Federal Ombudsperson for Protection against Harassment of Women Kashmala Tariq on the Srinagar Highway, pardoned her son and driver on Tuesday.

    According to the media reports, the families submitted affidavits to the court of Additional District and Session Judge, Mohammad Sohail Fazil during the hearing of a plea for bail-before-arrest obtained by Ms Tariq’s son.

    The investigators had asked the court to cancel the bail and give physical remand of the accused but the counsel for the accused borrowed time till afternoon and brought the families of the two deceased, Farooq Ahmed and Adil, who submitted affidavits separately.

    As per the information on affidavits, “The car was driven not by Ms Tariq’s son but by the driver. They do not want any legal action against her driver and her son.”

    It further added, “For the sake of Allah, we have no objection over the release of her driver and son on bail, quash the case and discharge them from the case.”

    Later, the court issued an order stating that parents of deceased Farooq Ahmed and Adil Abbasi got their affidavits submitted.

    During the hearing, they were asked to come up one by one, and contents of the affidavits were read and explained to them in Urdu. All of them verified the contents and thumb impression on it.

    The parents had firmly stated that they had pardoned the accused and have no objection if they are released on bail.

    To nullify the case completely, affidavits from the families of the other two deceased and the two injured persons are also required, said the judge.

  • Islamabad lawyers storm high court building after CDA demolition drive

    In a protest against the demolition of their chambers by the Capital Development Authority in F-8 sector of Islamabad, a number of lawyers stormed the Islamabad High Court (IHC) building on Monday.

    The lawyers chanted slogans against IHC Chief Justice Athar Minallah as they barged into the chief justice block, trapping the Justice Minallah into his chamber. They also broke the windows and doors of the building.

    The special security police were also absent from the scene when the building was stormed by the lawyer as they arrived much later. Female employees were evacuated from the Chief Justice block and other IHC judges also arrived at the scene.

    Due to the violence, the proceedings at both the high court and district courts remained suspended, with roads outside the court blocked for traffic.

    The lawyers also misbehaved with journalists who were present on the scene and were recording videos.

    According to Dawn, Justice Mohsin Akhtar Kiyani and IHC Bar Association President Haseeb Chaudhry urged the lawyers to opt for talks. “Until you people put your stance before us, we will not be able to solve the problem,” said Justice Kiyani as per the report.

    The deputy commissioner, Hamza Shafqaat, also arrived on the scene to placate the angry lawyers. He said that the administration was trying to resolve the situation within half an hour.

    NO TALKS TILL RESTORATION OF CHAMBERS:

    The protesters, however, refused to back down. They said they “will not talk until our chambers are restored”. They also claimed that some of their colleagues were arrested.

    Justice Kiyani said the detained lawyers will be released, adding that lawyers shot themselves in the foot by attacking tyhe chambers of the IHC CJ.

    “Lawyers have crossed the head of their house, now I will have to placate him as well,” he was quoted by Dawn as saying.

    Meanwhile, a notice was issued by IHC Bar Association Secretary Suhail Akbar Chaudhry, announced a strike and saying that not only will the body protest against the “injustice”, it will also take “strict action if needed”.

  • Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Islamabad High Court (IHC) Chief Justice Athar Minallah has said that the judiciary has faith in decisions made by the people, who are responsible even if they elect to power the wrong representatives.

    “If eligibility or disqualification are to be decided, do so outside courtrooms,” the top Islamabad judge said while hearing a petition seeking the science and technology minister’s disqualification for allegedly hiding his assets.

    Justice Minallah was due to hear the plea on February 1 (today). The court had already issued notices to Fawad and the Election Commission of Pakistan (ECP) for the hearing.

    The petitioner has claimed that the minister did not disclose details of the land he owns in Jhelum in his nomination papers for the 2018 general elections. “He is no longer ‘sadiq and ameen’ and should be disqualified,” the petitioner had argued.

    During the course of proceedings on Monday, the IHC ruled that it will hear the disqualification petitions against all MNAs and MPAs together and give a combined ruling on it.

    The combined cases will be heard on March 9. The cases will be wrapped up together so that the court can listen to other petitioners, the court remarked.

    The court has a clear stance on hearing cases against the representatives of the government. Courts should not be used for political motives, said Justice Minallah. “Why should we hear cases that will eventually lead to the criticism of the courts?”

    The petitioner said that the court has to make a decision if the law is violated anywhere, the petitioner said, adding that former PM Nawaz Sharif was also disqualified by the courts.

    Former CJ of Pakistan Asif Saeed Khosa had said that Parliament should amend Article 62 (1)(f). If it remains the same, then all of us could be disqualified under it, the court added.

    Article 62 (1)(f) of the Constitution is a provision requiring elected officials to be ‘sadiq and ameen’ or honest and righteous. Former prime minister Nawaz Sharif and PTI leader Jahangir Tareen were disqualified under this clause.

    Fawad, who attended the hearing, said that whatever has been presented in court is nothing but a classic example of blackmailing. “Courts are supposed to protect us from being blackmailed.”

    Responding to Fawad, Justice Minallah said that the politicians should play their role in changing the blackmail culture. “People hurl abuses at judges on social media,” he remarked, adding that MPAs and MNAs should try to change this culture too.

  • Video defending Naeem Bukhari’s posting as PTV chairman comes back to bite Faraz

    Video defending Naeem Bukhari’s posting as PTV chairman comes back to bite Faraz

    Weeks-old footage of Information Minister Shibli Faraz is making rounds on Twitter, in which the minister had claimed that the appointment of then Pakistan Television (PTV) chairman Naeem Bukhari was made in line with the Supreme Court verdict.

    Faraz, who had appeared on the Hamid Mir show, had said that the appointment of Bukhari was in line with the court order. He had added that the government wouldn’t take any risks and make an appointment against the SC verdict in the Ataul Haq Qasmi case.

    But, it seems the minister was lying through his teeth. Because a fortnight after the claim, an Islamabad High Court (IHC) verdict had asked the federal cabinet to review the appointment of Bukhari because he was overaged for the post. The federal cabinet had subsequently removed him from the post.

    In the clip, Hamid Mir had asked Faraz about the appointment of the PTV chairman, alluding to the plea in the high court that had questioned the qualification of Bukhari for the post.

    At this, Faraz said that Bukhari was named as the PTV chairman after fulfilling all the requirements laid out by the top court in its judgement pertaining to the Ataul Haq Qasmi case. He also claimed that the journalist was being misled by some people who are making the appointment of Bukhari controversial.

    BUKHARI BECOMES PTV CHAIRMAN:

    In November 2020, the Ministry of Information and Broadcasting had notified Bukhari, who has a vast experience of doing TV programmes, as chairman of PTV. The appointment was made after a court ruling in Sept 2020 declared the appointments of PTV chairman Arshad Khan and independent members of the board of directors illegal while directing the government to fill the vacant slots in accordance with the law. 

    Bukhari, who has worked as an anchorperson and commentators on PTV for decades, had joined PTI in June 2016. At the time, he called Imran Khan the “only political leader who had the courage to speak the truth”. Bukhari also represented Imran when he went to the Supreme Court against then prime minister Nawaz Sharif following the Panama Papers leak.

    The pleas that were later admitted by the apex court which disqualified Nawaz Sharif for being “dishonest” under Article 62 (1)(f).

    The National Accountability Bureau (NAB) had also hired the services of Bukhari as a special prosecutor to take up cases against close confidants of Sharif brothers — former Lahore Development Authority chief Ahad Cheema and former principal secretary Fawad Hassan Fawad.

  • ‘Violation of rules’: IHC stops Bukhari from working as PTV chairman

    ‘Violation of rules’: IHC stops Bukhari from working as PTV chairman

    The Islamabad High Court (IHC) has stopped Pakistan Television (PTV) Chairman Naeem Bukhari from working as the chairman of the national TV, saying the appointment was made in violation of the Supreme Court ruling in a similar case.

    During the hearing, IHC Chief Justice Athar Minallah said the government has ignored the guidelines set by the SC in a decision pertaining to the posting in the said position. It said there must be a clear reason for relaxing the upper age limit for 65-year-old Naeem.

    It had advised the counsel for the PTV chairman to peruse the decision of the top court that had set aside the appointment of Qasmi.

    It may be noted that the apex court had declared the appointment of Qasmi illegal in Nov 2018 over loopholes. It had said the government had failed to appoint a full-time managing director in accordance with the law.

    During today’s hearing, the IHC CJ said the cabinet did not take a clear decision to relax the age limit for the incumbent chairman. He said the matter will be referred to the federal cabinet so a decision could be taken in light of the SC decision.

    At this, the counsel said the cabinet had approved the summary for the appointment of Bukhari. “You should have informed the cabinet about the top court’s decision so that it could have avoided the embarrassment,” the IHC CJ said.

    The hearing was adjourned for two weeks.

    BUKHARI BECOMES PTV CHAIRMAN:

    In November, the Ministry of Information and Broadcasting had notified Bukhari, who has a vast experience of doing TV programmes, as chairman of PTV. The appointment was made after a court ruling in Sept 2020 declared the appointments of PTV chairman Arshad Khan and independent members of the board of directors illegal while directing the government to fill the vacant slots in accordance with the law. 

    Bukhari, who has worked as an anchorperson and commentators on PTV for decades, had joined PTI in June 2016. At the time, he called Imran Khan the “only political leader who had the courage to speak the truth”. Bukhari also represented Imran when he went to the Supreme Court against then prime minister Nawaz Sharif following the Panama Papers leak.

    The pleas that were later admitted by the apex court which disqualified Nawaz Sharif for being “dishonest” under Article 62 (1)(f).

    The National Accountability Bureau (NAB) had also hired the services of Bukhari as a special prosecutor to take up cases against close confidants of Sharif brothers — former Lahore Development Authority chief Ahad Cheema and former principal secretary Fawad Hassan Fawad.

  • ‘Pakistan’s governance system has become corrupt’

    The governance system in Pakistan has become corrupt, Islamabad High Court (IHC) Chief Justice Athar Minallah said Thursday.

    He expressed the belief that people do not even have access to “cheap and speedy justice.”

    According to Geo, he was hearing cases against the rising number of crime in Islamabad, obstacles in the delivery of justice, issues pertaining to naval farms and housing societies.

    Adviser to the Prime Minister on Accountability and Interior Mirza Shahzad Akbar also appeared before the court.

    Pointing out the flaws in the justice system, Justice Minallah said district courts, which are meant to deal with the problems of the common man, had never been anyone’s priority.

    In response, the PM’s adviser said he has already briefed Prime Minister Imran Khan regarding the matter.”

    You are the adviser on accountability, so I suggest you go to the accountability courts yourself and examine the conditions there,” Justice Minallah said.

    “The judges in those courts do not even have the staff for dictation. There is a lot of work pressure on those courts, but there is an acute dearth of staff.”

    The chief justice added that the Supreme Court of Pakistan has repeatedly stressed courts to hear cases on a daily basis, adding that judges are “ready to work day and night if the executives cooperate with them.”

    “You should visit the accountability courts and brief the prime minister about the situation,” Justice Minallah told Akbar.

    Responding to the judge’s remarks, Akbar said he has been appearing in the same courts for quite some time, adding that the situation in courts did not worsen overnight and it took 40 years of neglect to reach the current stage.

    “Advisers do not have executive authority, we can only provide suggestions,” Akbar said. “We will do whatever we can to improve the conditions of special courts.”

  • Islamabad High Court requested to bar Imran from saying ‘Naya Pakistan’

    Islamabad High Court requested to bar Imran from saying ‘Naya Pakistan’

    A petition in the Islamabad High Court (IHC) has sought a ban on Prime Minister (PM) Imran Khan’s use of the term “Naya [new]” with Pakistan.

    “The word ‘Pakistan’ and the flag of Pakistan are protected by the constitution and any alteration to them is a clear violation of the same”, petitioner Tariq Asad, who is a lawyer of the Supreme Court (SC), has said seeking ban on what has become a trademark of the now ruling Pakistan Tehreek-e-Insaf (PTI).

    Members of the PTI, including Imran Khan, had widely used the term “Naya Pakistan” while seeking votes ahead of the 2013 and 2018 general elections, highlighting the party’s aim to revamp the system if handed reins of the country.

    According to Gulf News, the petitioner has maintained that the PM has frequently been referring to “Riasate Madina [State of Madina]” while sharing his vision of a welfare state that again is without context and in contrast to the unique history of Pakistan.

    Justice Amir Farooq of the IHC, in this regard, has issued notices and sought a reply from the respondents, including the Law Ministry secretary, principal secretary to the PM, information secretary and the chairperson of the Pakistan Electronic Media Regulatory Authority (PEMRA).

    Asad has maintained that PM Imran has disgraced the national integrity giving Pakistan a nickname as “Naya Pakistan”.

    “Imran Khan having altered and distorted the name of Pakistan as ‘Naya Pakistan’ is inter alia violation of Article 1 and Article 5 of the constitution and fundamental rights of the citizens of Pakistan guaranteed by Article 14 of the Constitution of Islamic Republic of Pakistan, 1973,” said the petitioner.

    The premier, as per the petition, has also made an insignia i.e. of a flag of Naya Pakistan Housing & Development Authority which is different from the national flag of Pakistan.

    The petitioner maintains that the new insignia of the Naya Pakistan Housing & Development Authority comprises green and red colours and there is no white colour that is a representation of minorities. Speaking to Gulf News, Advocate Asad said that by omitting the white colour from the housing authority’s insignia, the government authorities had implied the scheme was not meant for the non-Muslims.

    In his prayer, the petitioner has requested the court to restrain the government functionaries, including the members of parliament and cabinet as well as the PTI workers and opposition parties, from patching and using the word “Naya“ with Pakistan or calling this state “Naya Pakistan”.

    The court has also been requested to issue orders to PEMRA to restrain television channels from airing the said word with Pakistan.