Tag: Islamabad High Court

  • PTI’s Shahzad Akbar leaves for Dubai after name removed from ‘no-fly list’

    PTI’s Shahzad Akbar leaves for Dubai after name removed from ‘no-fly list’

    Special Assistant to former Prime Minister (PM) Imran Khan on Accountability and Interior Shahzad Akbar left for Dubai on Sunday after his name was removed from the FIA’s ‘stop-list’ on the order of the Islamabad High Court (IHC).

    According to Express Tribune, Akhbar departed via Islamabad International Airport for Dubai on an international airline at 3:30 am, from where he is expected to depart for the United Kingdom (UK).

    Last week, the FIA had put names of four Pakistan Tehreek-e-Insaf (PTI) members including former aides — Shahzad Akbar and Shahbaz Gill on “no-fly list.”

    However, on April 12 the Islamabad High Court suspended the notification. IHC Chief Justice Athar Minallah remarked that the court has already declared the blacklist illegal.

    He said, “We have already issued a verdict that no one’s name can be placed on this list.”

    IHC also suspended the ban on three other persons— former principal secretary Azam Khan, Khan’s ex-focal person on Digital Media Dr Arslan Khalid and Punjab Anti-Corruption Establishment Chairman Mohammad Nafees Gohar.

  • ‘Why we opened the court in the middle of the night’, Islamabad High Court issues clarification

    ‘Why we opened the court in the middle of the night’, Islamabad High Court issues clarification

    The Islamabad High Court (IHC) has clarified opening its doors late on the evening of April 9, 2022 when the process of a no-confidence motion against former Prime Minister (PM) Imran Khan was going on in the National Assembly (NA).

    In a statement, the court said, “The filing of petitions late in the evening on April 9, 2022, has been misreported and queries have been raised whether petitions can be presented after the notified court timings.”

    On Saturday, there were rumours that a petition was filed in the IHC, asking the court to restrain Khan from de-notifying Chief of Army Staff (COAS) General Qamar Javed Bajwa from his post.

    IHC said the Supreme Court Bar Association (SCBA) President approached the court and requested the court to implement the Supreme Court’s April 7 order. The IHC statement then referred to the petitions, including a “pre-emptive” constitutional petition that sought to restrain the then prime minister from de-notifying the army chief.

    “As a constitutional court, the Islamabad High Court has ensured that cases relating to extreme urgency are presented at any time after the notified timings,” the high court said, adding: “The honourable chief justice, if satisfied that there exists extreme urgency, may order fixing of the case at any time.”

    “A petition regarding extreme urgency could be presented at any time after the notified court timings and it could also be fixed for hearing subject to the satisfaction of the chief justice that circumstances exist for doing so,” the court said further.

  • Supreme Court orders to open Monal restaurant in Islamabad

    Supreme Court orders to open Monal restaurant in Islamabad

    The Supreme Court of Pakistan has ordered to reopen Monal restaurant in Islamabad and suspended the previous order by the Islamabad High Court (IHC).

    At the hearing on Tuesday, Judge Mazahir Naqvi suspended the IHC order which was issued to close down the popular eatery spot.

    The judge asked angrily, “What is this monarchy?”

    “How can the orders be implemented before the documents were even signed,” he asked.

    The restaurant lawyer, Makhdoom Ali Khan, raised the point in the last hearing that the eatery spot was closed down before written documents were issued by the high court.

    He argued that the legal dispute between the Monal and Capital Development Authority (CDA) is still ongoing in civil court.

    He continued that the IHC announced the verdict without recording evidence. Monal restaurant was not even involved as a party in the case.

    On January 11, IHC ordered Islamabad’s Chief Commissioner to seal the Monal Restaurant in Margalla Hills National Park and Navy Golf Course after hearing a case against encroachments.

  • Girls less than 18 cannot get married, even if they want to: Islamabad High Court

    Girls less than 18 cannot get married, even if they want to: Islamabad High Court

    The Islamabad High Court (IHC) on Tuesday ruled that girls under the age of 18 can not get married, reports ARY News. An IHC court led by Justice Babar Sattar gave a thorough ruling on the underage marriage bill. The ruling also prohibits parents from marrying off girls aged less than 18 years.

    The verdict was announced during the hearing of the 16-year-old Savera Falak Sher case.
    . The mother filed the case in May of last year, alleging that her daughter had been kidnapped and forcibly married. The girl claimed in court that she had married out of her own free will.

    However, the court has ordered the girl to be returned to her mother.

    In its detailed ruling, the Islamabad High Court noted that any marriage involving a kid under the age of 18 is forbidden. The court further directed the cabinet division to place the matter pertaining to the Muslim Family Law Ordinance before the parliament .

  • Faisal Vawda challenges lifelong disqualification in Supreme Court

    Faisal Vawda challenges lifelong disqualification in Supreme Court

    Pakistan Tehreek-e-Insaf (PTI) Senator Faisal Vawda on Friday challenged his lifelong disqualification in the Supreme Court. Vawda was disqualified by the Election Commission of Pakistan (ECP) in a dual nationality case. The Islamabad High Court (IHC) on Wednesday dismissed Vawda’s plea challenging his disqualification by the ECP.

    Vawda has now filed an appeal in the apex court. The appeal states that the ECP did not have the power to disqualify him for life and that the electoral watchdog was not a competent court of law.

    Faisal Vawda’s appeal was filed by his lawyer, Advocate Wasim Sajjad.

    Earlier this month, the Election Commission of Pakistan (ECP) disqualified Vawda as a Member of the National Assembly (MNA) and ordered him to withdraw the notification appointing him as senator for concealing his dual nationality.

    Later, the PTI leader approached the IHC. In his appeal, he stated that Section 8C of the Elections Act, 2017 allowed the ECP to conduct an election but did not empower it to disqualify a candidate. According to him, the commission was directed by the court to “probe the issue of falsity or otherwise of the affidavit expeditiously as per a judgement of the Supreme Court”.

  • Monal restaurant management breaks closure seal to enter premises

    Monal restaurant management breaks closure seal to enter premises

    Monal, a restaurant in Islamabad, which was sealed through a court order, was broken into on Wednesday. Management of the restaurant, which included 70-80 employees, broke a padlock seal and entered the premises of the site on February 16, reports Samaa News.

    Employees reached the site in the morning and asked the Wildlife department workers not to intervene.

    While talking to Samaa News, a Wildlife management board representative, monitoring the closure, said, “They told us that the Supreme Court has ruled in favour of the restaurant and allowed them to resume activities.”

    The authorities asked restaurant employees to produce a court order but they refused and broke the padlock seal into pieces.

    After breaking into the restaurant, employees started adjusting seats and tables.

    According to the representative, they had never stopped the restaurant staff to look after their items which were left there and we cooperated with them fully.

    On January 11, Islamabad High Court (IHC) ordered Islamabad’s Chief Commissioner to seal the Monal Restaurant in Margalla Hills National Park.

  • Court reserves decision on PTI’s Faisal Vawda’s appeal against lifetime disqualification

    Court reserves decision on PTI’s Faisal Vawda’s appeal against lifetime disqualification

    The Islamabad High Court (IHC) reserved its decision on the maintainability of an application filed by Pakistan Tehreek-e-Insaf’s (PTI) Faisal Vawda against his lifetime disqualification from parliament, reports Dawn.

    Last week, the Election Commission of Pakistan (ECP) disqualified Vawda as a Member of the National Assembly (MNA) and ordered him to withdraw the notification appointing him as senator for concealing his dual nationality.

    Later, the PTI leader approached the IHC. In his appeal, he stated that Section 8C of the Elections Act, 2017 allowed the ECP to conduct an election but did not empower it to disqualify a candidate. According to him, the commission was directed by the court to “probe the issue of falsity or otherwise of the affidavit expeditiously as per a judgment of the Supreme Court (SC)”.

    The commission said Vawda had submitted a “false affidavit” when submitting nomination papers. However, Vawda’s lawyer, Wasim Sajjad argued in the court that his client [Vawda] did not submit a false affidavit.

    Sajjad maintained that Vawda cancelled his United States (US) passport and acquired a certificate from the National Database and Registration Authority (NADRA) and said that he [Vawda] is only a Pakistani citizen.

    Vawda secured the National Assembly seat (NA-249) in July 2018 and got elected as a Senator last year.

    As per the commission, Vawda can approach the Supreme Court (SC) against its verdict.

  • Avenfield trust deed can’t be called forged, says Islamabad High Court

    Avenfield trust deed can’t be called forged, says Islamabad High Court

    The Islamabad High Court (IHC) on Thursday observed that the Avenfield trust deed involving Pakistan Muslim League-Nawaz’s (PML-N) Vice President Maryam Nawaz and her brother Hussain Nawaz can’t be called forged or fake.

    A two-judge bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard the appeals of Maryam Nawaz and her husband Captain (retd) Muhammad Safdar against their conviction in the Avenfield properties reference.

    The court observed that since both Maryam and Hussain never disowned the Avenfield trust deed, it could not be a forgery.

    “The trust deed can be termed back-dated or that the font used in the said document was different, but this cannot be called forgery,” said Justice Farooq.

    The IHC judge made the observation when the bench was informed by the National Accountability Bureau (NAB) that they had proved forgery in the trust deed. The IHC stated that a lack of evidence would result in a different verdict.

    It mentioned that if the father made the property illegally and gave it to the son, would the daughter be found guilty? The court said that the petitioner should just prove that NAB could not prove the case, nothing else is required.

    Maryam Nawaz’s counsel, Irfan Qadir, said that NAB did not complete the basic details of the case, the actual value, and source of the assets were not mentioned in advance. Also, it does not meet the requirements of Section 9-A of the NAB Ordinance. If the court wants, it can give bail to Maryam Nawaz.

    NAB prosecutor Sardar Mazhar mentioned that Maryam Nawaz claimed to be the trustee of the property.

    “NAB has proved through evidence that Maryam was their beneficial owner and forgery in the trust deed, which was confirmed by the trust deed deposited in the Supreme Court before the Joint Investigation Team (JIT).”

    The court directed all the parties to look into the case papers and adjourned the hearing till February 17.

  • IHC indicts ex-GB judge Rana Shamim in affidavit case, defers journalists’ indictment

    IHC indicts ex-GB judge Rana Shamim in affidavit case, defers journalists’ indictment

    The Islamabad High Court (IHC) on Thursday indicted former Gilgit-Baltistan Chief Judge Rana Shamim for allegations that he levelled against former Chief Justice of Pakistan (CJP) Saqib Nisar in a signed affidavit in London.

    IHC Chief Justice Athar Minallah has deferred the framing of charges against the media personnel who were also named in the case, including journalist Ansar Abbasi and Jang Group owner Mir Shakeel-ur-Rehman.

    The contempt of court case is in accordance with the publication of an affidavit containing allegations that Saqib Nisar attempted to influence a case against former Prime Minister Nawaz Sharif and his daughter, Maryam Nawaz, to bring Imran Khan into power.

    The IHC chief justice said the court had been disrespected and questioned whether anyone had any issue with the high court.

    Justice Minallah said the court could not give a license for anyone to disrespect it. “[It is] not even realised that there was an attempt to influence a case [that was being heard in court]. This court believes in open accountability and welcomes it. Has there been any order from July 2018 till now on which this perception [of judges being compromised] fits?”

    “The article is not related to Saqib Nisar but it has to do with this court. People have been told the judges of this court are compromised. A case was fixed for hearing two days later when the story was published,” Justice Minallah said.

    The chief justice addressed Judge Shamim and asked if he had heard any contempt cases himself during his tenure as a judge. Shamim responded in the negative, saying he had neither heard such cases nor believed in the concept of contempt.

    At this point, Justice Minallah gave Judge Shamim the opportunity to present the arguments made in his petitions. Shamim said that in the first petition he requested that a fact-finding inquiry be conducted into the case instead of framing the charges. In the other petition, he requested for the attorney general to be removed as the prosecutor.

    He also said it was important for the requirements of justice that former CJP Nisar’s reply was also made part of the inquiry and cross-examined. “This will not be a case of criminal contempt unless the facts stated in the affidavit are proven wrong,” he argued.

    The court proceeded to reject Shamim’s petitions and indicted him.

    Moreover, adjourning the indictment against the journalists, Justice Minallah said that if it was found during the trial that the news story was published deliberately, then action would be taken.

    After the arguments, Justice Minallah adjourned the proceedings till February 15 and asked Shamim to present his written response.

  • Islamabad High Court orders closure of all sheesha cafes in the city

    Islamabad High Court orders closure of all sheesha cafes in the city

    Islamabad High Court (IHC) has ordered the local administration to shut down all sheesha cafes in the federal city with immediate action and submit a progress report to the court as well.

    The Anti-Narcotics Force (ANF) along with the Islamabad administration and police have mobilised their resources to initiate the crackdown on all sheesha cafes operating in Islamabad.

    The complete ban on sheesha was announced across the country led by the Supreme Court previously in 2015 but in the following year, the bench headed by Justice Gulzar Ahmed of the Supreme Court expressed displeasure over the sale and import of sheesha and tobacco smoking items despite the ban from the apex court.

    This time the court emphasised that action must be louder than words.

    The court also asked the advocate generals from the provincial governments about the implementation of previous orders regarding the ban on sheesha smoking in public spaces.