Tag: Justice Athar Minallah

  • Court declares NDMA responsible for Murree tragedy

    Court declares NDMA responsible for Murree tragedy

    The Islamabad High Court (IHC) has declared National Disaster Management Authority (NDMA) responsible for the Murree tragedy which killed 23 people, including children due to carbon monoxide poisonous gas in their cars.

    The NDMA Chairman is Lieutenant General Akhtar Nawaz since 2020.

    During the hearing, the court asked the NDMA whether a letter had been written to the Opposition leader to call a meeting of the commission. At this, the official said the Opposition leader had not asked them to call a meeting, reports Geo News.

    “You have failed, it was your responsibility to call a meeting, you were responsible for providing a national management plan to the area,” the justice told the management member.

    Justice Minallah said that had the NDMA ensured that everyone followed the law, such incidents would not have happened.

    It is also revealed that NDMA held its last meeting on March 28, 2018. To this court chief Justice Athar Minallah questioned that, “It is a powerful body. How come no meeting took place since 2018.”

    The court ordered Prime Minister (PM) Imran Khan to call a meeting of the commission next week and directed the NDMA member to submit a report on the incident by next Friday.

    The hearing was called because of a petition by Hammad Abbasi, a Murree resident. According to him, on their way to Murree neither were they stopped and nor were they warned of the danger.

  • Justice Athar Minallah wants people to have fun on New Year’s Eve

    Justice Athar Minallah, while hearing a petition seeking a ban on fireworks in Islamabad on New Year’s Eve (December 31 and January 1), remarked, “What’s the problem? Let people have fun.” Justice Athar Minallah dismissed the petition and said fireworks on New Year’s Eve are held across the world, even in Saudi Arabia .

    “The mall is located near GT Road. People in huge numbers come out on the streets to watch it [the fireworks] and block roads,” the resident of Islamabad said in his petition to ban fireworks.

    However, in Punjab fireworks been banned due to the smog. Lahore Police Operations Deputy Inspector General (DIG) Abid Khan said over 5,000 police personnel would be deployed across the city on New Year’s Eve.

  • Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Former Gilgit-Baltistan Chief Judge Rana Shamim on Monday submitted in the Islamabad High Court (IHC) his original affidavit accusing former Chief Justice of Pakistan (CJP) Saqib Nisar of conspiring to deny bails to top Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 general elections.

    Chief Justice IHC Justice Athar Minallah had issued the order after going through the reply submitted by Justice Shamim in which he explained reasons for executing the statement on oath — dated November 10, 2021.

    During today’s hearing, Lateef Afridi, Shamim’s legal counsel, informed the court that the affidavit had been submitted to the IHC and the former judge has been “standing by his statement since the first day”, reports Dawn.

    “The real affidavit was sealed and has now been brought to Pakistan on the court’s order,” said Afridi.

    Justice Minallah said the sealed envelope was in its original condition and had not been opened by the court yet.

    “The attorney general had said the media’s role is secondary. Rana Shamim has admitted that the content published in the newspaper (The News report) is [the same as] in his affidavit. Rana Shamim has cast doubt on all judges of the IHC,” the chief justice said, adding that the court had already made it clear that it did not fear criticism.

    Justice Minallah then turned to Shamim’s counsel and asked him to open the envelope, upon which the counsel said that a new inquiry could be started by opening a sealed envelope.

    “This is an open inquiry. This is our accountability,” the judge said. He added that Shamim had apparently made “a very big statement without any evidence” and given an impression that all IHC judges were “compromised”.

    Afridi said his client maintained that he did not “leak” the affidavit.

    “Can a finger be pointed at any judge of this court? The court will not ask the journalist about the source of his news. This court is hearing many important cases related to fundamental rights,” Justice Minallah remarked.

    The judge called for evidence to be presented regarding the public opinion that was being built, saying the public’s trust in the court should not be eroded.

    “This court will not deviate from the law,” Justice Minallah remarked. He added that the next hearing would be held on Thursday. However, Afridi said he would not be able to attend the hearing on that date.

    Subsequently, Afridi requested the court to adjourn the hearing until after winter vacations were over. However, Justice Minallah observed that the IHC had not issued any notification about vacations.

    The hearing was adjourned till December 28.

  • Court asks Faisal Vawda why he is afraid of Election Commission investigation

    Court asks Faisal Vawda why he is afraid of Election Commission investigation

    Pakistan Tehreek-e-Insaf (PTI) Senator Faisal Vawda filed a petition at the Islamabad High Court (IHC) seeking a stay against the proceedings of the Election Commission of Pakistan (ECP) in his disqualification case, reports Geo Urdu.

    Chief Justice IHC Athar Minallah dismissed the case and rejected Vawda’s petition.

    Vawda had adopted the stance that the case against him in the ECP had become invalid as the body could not make a decision within the time limit. The ECP was bound to decide the complaints within 60 days after he was elected. He requested the court to turn down the ECP decision dated October 12 and declare the case against him null and void.

    Justice Athar Minallah questioned, “Why are you afraid of being investigated by the ECP? Your application is inadmissble, it is rejected.”

  • IHC suspends plot allotments to judges in Islamabad

    IHC suspends plot allotments to judges in Islamabad

    Chief Justice Islamabad High Court (IHC) Justice Athar Minallah suspended allotment of plots to the capital’s judiciary in sectors F-14 and F-15, observing that this award of land was a conflict of interest, reported Dawn.

    The court also issued a notice to the attorney general and sought an explanation from the Ministry of Housing and Works on the policy of distribution of plots among a few segments of society.

    Justice Athar Minallah was hearing a petition filed by property owners in villages Thalla Syedan and Jhangi Syedan in Islamabad district against the acquisition of their land.

    During the hearing of the matter, Justice Minallah remarked: “It has been reported that the Federal Government Employees Housing Authority had recently held a ballot for allotment of plots in F-14 and F-15. The list indicates that virtually every judicial officer of the district courts of Islamabad, who are expected to resolve and adjudicate upon the grievances and rights of the affected landowners, is a beneficiary.”

    “It, prima facie, raises serious questions regarding conflict of interest because the plots are given to the beneficiaries at substantially lower prices than the current market rates and thus each beneficiary has a financial interest,” said Justice Minallah.

    “Moreover, astonishingly the list also includes those judicial officers who have been dismissed on account of misconduct or corruption,” added Justice Minallah.

    Justice Minallah observed that the judicial officer who was convicted and sentenced by this court was also one of the beneficiaries.

    As per the record of the FGEHA, three sacked additional district and sessions judges — Pervaizul Qadir Memon, Raja Khurram Ali Khan, and Jahangir Awan — were allotted a Kanal plot each in F-14 and F-15 while two former civil judges, Adnan Jamali and Amir Khalil, were given plots measuring 14 marlas each in these sectors.

    Last week, two special assistants to the prime minister (SAPM), judges of the superior judiciary, and top bureaucrats were among those who had been allocated residential plots in Islamabad’s F-14 and F-15 sectors.

    Judges of the superior judiciary, as well as those of the subordinate judiciary, and a few journalists had been placed in Category I — plots measuring one Kanal.

    While the judges of all the provincial high courts have been allotted plots in F-14 and F-15, not a single judge from the Islamabad High Court was among the applicants.

  • 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.

  • KYA BOLA? (Dec 1): ‘Lekin Banda Emandaar Ha’, ‘PDM Ky Barwain Khilari’, ‘Facebook Ki Her Larai Py Parcha’

    KYA BOLA? (Dec 1): ‘Lekin Banda Emandaar Ha’, ‘PDM Ky Barwain Khilari’, ‘Facebook Ki Her Larai Py Parcha’

    Following are some snippets that stood out from Urdu newspapers on Dec 1, 2020, which The Current takes no responsibility for.

    ‘Lekin Banda Emandaar Ha’

    Maryam Nawaz has taken a jibe at Prime Minister Imran Khan for his allegedly involvement corrupt practices, as per a report in Daily Jang. “Kehty thy Imran Khan banda emandaar ha, Niazi Services banai tax bachany ky liye, lekin banda emandaar ha; Aleema Baji ny salai machine sy arabon rupee kamaye, lekin banda emandaar ha.”

    ‘PDM Ky Barwain Khilari’

    Information Minister Shibli Faraz has compared JUI-F chief Maulana Fazlur Rehman to an extra player in a cricket team. Daily Jang reported Faraz as saying: “Maulana Fazlur Rahman Pakistan Democratic Movement ky barwain khilari hain. Maulana logon ko tashadud per uksaa rahy hain.”

    ‘Facebook Ki Her Larai Py Parcha?’

    According to Dunya News, the Islamabad High Court has asked whether the FIA will file a complaint on every Facebook fight. Dunya News quoted the Islamabad High Court as saying, “Mehz darkhwast per accounts block, internet laraion per karwaion hony lagi tou kaam kon kary ga. Aj tou her baat internet ky zareay hoti ha. Kiya FIA her case py PECA lagaye gi?”

  • System on verge of collapse owing to ministries, state institutions’ illegal real estate business: IHC CJ

    The Islamabad High Court (IHC) has issued a scathing verdict on increasing crime, abductions and land-grabbing activities in the federal capital, saying that government ministries and state institutions are involved in “illegal real estate business”.

    IHC Chief Justice (CJ) Athar Minallah issued the remarks in a five-page order pertaining to the rise in said cases in Islamabad.

    It also noted that the involvement of state institutions and ministries in real estate business raised “questions of conflict of interest”.

    “Land-grabbing crimes are on the rise in Islamabad,” said the IHC top judge in the verdict, adding that reports were indicating how much corruption had made its way into the system.

    He warned that the system was on the “verge of collapse”.

    “Islamabad’s powerful elite is directly responsible for flouting laws,” said Justice Minallah. He added that there was no harm in saying that the “state has failed” to protect the common citizens.

    The verdict also said that an alarming law and order situation in Islamabad was “unacceptable”.

    “Institutions set up to protect fundamental rights of citizens are directly or indirectly involved in breaking the law,” noted the court.

  • IHC to decide on petition seeking removal of aviation minister

    IHC to decide on petition seeking removal of aviation minister

    The Islamabad High Court (IHC) on Wednesday reserved its verdict on the maintainability of a petition seeking the removal of Minister for Aviation Ghulam Sarwar Khan from office for bringing the issue of pilots’ dubious licences out in the open.

    The petition, filed by one Advocate Tariq Asad, submitted that the remarks tarnished the image of the country in the international community.

    The petition was filed a day after the European Union Air Safety Agency (EASA) has suspended the authorisation for the Pakistan International Airlines (PIA) to operate in Europe for six months. In another related development, the United Kingdom’s Civil Aviation Agency suspended PIA flight operations from three airports — Birmingham, London Heathrow and Manchester.

    Recalling the EASA decision, the petitioner said if a pilot possessed a fake/dubious licence, the minister should have taken action against them instead of bringing the matter in the knowledge of the National Assembly from where the national and international picked it up.

    Subsequently, IHC Chief Justice Athar Minallah reserved his verdict on the matter which he said to announce later.