Tag: LHC

  • Second marriage of a woman without completing ‘iddat’ is not zina: LHC rules

    Second marriage of a woman without completing ‘iddat’ is not zina: LHC rules

    The Lahore High Court (LHC) has ruled that the second marriage of a woman without completing iddat (period a Muslim woman has to observe after the dissolution of marriage) cannot be considered “void” and does not constitute the cognisable offence under Hudood Ordinance i.e. Zina (adultery) in Pakistan.

    Judge Justice Ali Zia Bajwa on Friday heard the case in which the petitioner, Amir Baksh, filed a case of Zina against his ex-wife Amina and her new husband Ismail, reports Dawn.

    In the petition, Baksh argued that his wife unilaterally took a verdict of annulling the marriage from the court and tied the knot with Ismail the very next day. He termed the new marriage “null and void” as well as Zina.

    While dismissing his petition, the high court said that such a marriage cannot be considered Batil (invalid) but without the completion of iddat would be considered Fasid (corrupt or irregular).

    “Fasid marriage is the one where the impediment to the validity of such marriage is temporary, while in case of a Batil marriage, such impediment is permanent,” Judge said.

  • Supreme Court orders Education Commission to close illegal private universities

    Supreme Court orders Education Commission to close illegal private universities

    The Supreme Court of Pakistan (SC) on Wednesday ordered the Higher Education Commission (HEC) to close down campuses of private universities all over the country that are running illegally.

    The SC remarked campuses of Preston University and Al Khair University have been set up illegally in Lahore and Karachi. Students sought help from the court about the HEC not issuing degrees to those who have studied from these universities.

    The case was heard by a three-member bench headed by Justice Umar Ata Bandial.

    The court gave directions to HEC to make special arrangements to award degrees to the students who had graduated from these illegal campuses. It also said that policies of HEC should be implemented with uniformity all over the country.

    The bench gave remarks that there should be no compromise on the provision of higher education to all young students. Provincial and Federal governments need to work closely and cooperate to maintain the standards of HEC.

    The SC noted that the issue was whether private universities are allowed to open sub-campuses outside their territorial limits or not. It added that HEC already made it very clear that they could set any sub-campuses and they issued many alerts as well.

    Counsel for students, Ali Zafar said that the session court had ordered the National Accountability Bureau (NAB) to take action against these universities. However, Justice Bandial replied, “The HEC has the powers. There is no need for NAB to investigate the matter.”

    The court said that the federal government would be ordered to change the laws if HEC is weak.

    “The students had approached the Lahore High Court (LHC) for their degrees. The LHC declared the [sub-]campuses of private universities illegal,” the counsel added.

    Justice Bandial acknowledged the high court verdict and emphasised pursuing the shut down of illegal campuses at the earliest.

  • Court directs judicial officers to avoid using social media

    Court directs judicial officers to avoid using social media

    The Lahore High Court (LHC) has issued a code of conduct for judicial officers across Punjab, directing them to avoid using social media, reports Dawn.

    The instructions come days after Justice Muhammad Ameer Bhatti took oath as the 51st LHC chief justice.

    The court has taken notice of those displaying misconduct and asked officials to adhere to the given instructions.

    “A judicial officer is supposed to lead a reserved social life, therefore, he should avoid using Facebook, Twitter, Instagram, and such other social media applications,” the order said.

    It also barred judicial officers from being included in “unofficial WhatsApp groups” and other “social media modes”, along with sharing of “privileged” information. The use of mobile phones during court hours, apart from during intervals, was also prohibited.

    “Keeping and displaying a blue light on an official or private vehicle of any judicial officer, or putting green plates on private vehicles shall also amount to misconduct and shall be strictly dealt with.”

    It added that judicial officers were bound to strictly observe punctuality and wear an official uniform.

    The court warned that if a judicial officer is found violating the instructions issued, strict disciplinary action will be taken and the misconduct would also be added to their personal file, which will be considered during the time of their promotion.

  • FIA bars Shehbaz from leaving the country

    FIA bars Shehbaz from leaving the country

    Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif was stopped by the Federal Investigation Agency (FIA) from leaving the country earlier today. According to the FIA, Sharif’s name is on the Person-Not-In-List (PNIL), which means that persons who are not on Exit Control List (ECL) or on black list can be stopped through PNIL. On Friday, the Lahore High Court (LHC) said Shehbaz has “one time” permission to fly abroad for medical treatment. Sharif was all set to take a flight to London but the FIA stopped him at immigration at the Allama Iqbal International Airport in Lahore.

    Talking to The Current, PML-N leader Attaullah Tarar said that this is a blatant violation of court orders despite FIA officials being present in court. “Such pettiness on behalf of the government has only exposed their nefarious designs.” Tarar, who is also part of the legal team in Sharif’s case, said that if this delay gives the prime minister satisfaction for a few days, “let him be happy”.

    Information Minister Fawad Chaudhry tweeted that Director General (DG) FIA has the authority to remove a name from a black list. “Shehbaz Sharif’s lawyers have not submitted any application to DG FIA to remove his [Sharif’s] name from the blacklist.” Chaudhry added that communicating something verbally does not mean there will be any change in the record. “The government will move the court against this decision.”

    Talking to the media, PML-N spokesperson Marriyum Aurangzeb said that the FIA has added Sharif’s name in another list. She said that despite written order by the LHC, stopping Shehbaz Sharif from travelling is tantamount to contempt of court. Marriyum Aurangzeb added that now we are being told by the FIA that the system has not been updated even though there were two FIA officials present in court when the LHC granted Sharif permission to travel abroad.

  • ‘#ImranKhanCancelExams’ trends on Twitter as courts dismiss students petitions

    ‘#ImranKhanCancelExams’ trends on Twitter as courts dismiss students petitions

    #ImranKhanCancelExams and #ImranKhanJawabDou were among the top trends on Twitter as the National Command and Operation Centre (NCOC) and the Government of Pakistan refuse to cancel this year’s O’ and A’ Level exams and the board exams. Pakistan is currently experiencing a deadly third wave of COVID-19 with fears of an India-like situation and students are arguing that the exams not only pose a risk to their health but they have also been unable to prepare for them because of school closures. The high courts in Lahore, Islamabad, Peshawar and Karachi have also dismissed students petitions.

    Read more – Pak Army to help implement coronavirus SOPs, announces PM Imran

    Students have expressed their worries and concerns over the matter on social media, tagging government accounts so that their pleas are heard. Other hashtags trending on social media included #CancelExamsPakistan2021 and #PMImranCancelExams. While some resorted to sharing memes, others threatened the PM Khan that they will not vote for him in the upcoming General Elections 2023.

    Several celebrities and renowned personalities including Feroze Khan, Aagha Ali, Momina Mustehsan, Jibran Nasir and Waqar Zaka have also extended their support to students, urging the government to cancel exams.

    https://twitter.com/tartajax_/status/1385529572821807104?s=19
    https://twitter.com/mizuistic/status/1385550535319859201?s=19

    https://twitter.com/Haider__alixx/status/1385540072250937344?s=19

    Meanwhile, the Sindh High Court (SHC), Lahore High Court (LHC), Peshawar High Court (PHC) and Islamabad High Court (IHC) have all dismissed the petition of Cambridge students.

    The SHC, in its judgement, maintained the NCOC and Shafqat Mahmood’s decision to hold physical exams for Cambridge but urged strict implementation of SOPs during the exams. It also made assurances regarding withdrawing from current exams anytime before the end of series with no extra fee as part of the order.

    Minister for Education Shafqat Mehmood on April 18 had clarified that all Cambridge exams will proceed as per schedule, and will not be making use of teacher-assessed grades this year. AS and A’ Level exams are scheduled to begin from April 26, while O’ Level and IGCSE exams will start from May 10.

    Matriculation and Intermediate board exams, on the other hand, have been deferred and will take place varyingly across provinces, starting late May.

  • Bail granted to Shehbaz Sharif

    The Lahore High Court (LHC) on Thursday granted bail to Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif. The bail was approved by the three-member bench comprising Justice Ali Baqar Najafi, Justice Alia Neelum and Justice Syed Shahbaz Ali Rizvi. Sharif was first granted and then denied bail after a division bench issued a split decision on Sharif’s petition, sending the matter to the LHC chief justice for the nomination of a referee judge.

    Sharif was arrested by the National Accountability Bureau (NAB) in a money-laundering case last year in September.

    Shehbaz Sharif’s son Hamza Shehbaz was released in February after spending 20 months in jail as the National Accountability Bureau (NAB) probed money laundering accusations against him.

    While Shehbaz was incarcerated, a report in The News said that Maryam Nawaz, due to her hawkish stance, has gained popularity in the party and the public. Her control on the party is strengthened to such an extent that she has stopped “consulting him [Shehbaz] for political advice”.

  • Shahbaz Gill egged and inked in Lahore

    Prime Minister (PM) Imran Khan’s aide Dr Shahbaz Gill was egged on Monday upon his arrival at the Lahore High Court (LHC).

    According to reports, the premier’s aide on political communication was also subjected to inking besides the two eggs that were hurled at him.

    “This ink is of their kaalay kartut [misdeeds],” said Gill while reacting to the incident.

    “Maryam [Nawaz], next time you do something like this, I will come to your house and wash my face there,” said Gill, adding: “We are Imran Khan’s followers, we will not take revenge. We will, instead, teach you values.”

    He maintained that the government could react to the incident but it won’t stoop down to the perpetrators’ level.

    Gill had earlier alleged that he has been informed that PML-N workers are planning an attack on him at LHC.

  • Rana Sanaullah case: ‘Political victimisation an open secret,’ court says

    Rana Sanaullah case: ‘Political victimisation an open secret,’ court says

    The Lahore High Court (LHC) on Thursday issued its detailed verdict on the bail granted to Pakistan Muslim League-Nawaz (PML-N) leader Rana Sanaullah in the drug trafficking case against him, saying that “political victimisation in the country is an open secret”.

    Opposition parties have been accusing the ruling Pakistan Tehreek-e-Insaf (PTI) of cracking down on opposition leaders in what they call is “selective accountability”, alleging that members of the PML-N and Pakistan People’s Party (PPP) are arrested “only because the government cannot tolerate dissent”.

    Among other opposition leaders’ arrests, Sanaullah’s detention in the case against him was also termed as “political victimisation” by opposition parties as they accused the government of being unable to take criticism.

    The nine-page judgement issued Thursday was authored by Justice Chaudhry Mushtaq Ahmad of the LHC, and gave some weight to the “political victimsation” argument made by the petitioner.

    “In the context of the petitioner being a vocal political leader of [the main] opposition party, this aspect of the case could not be ignored as political victimisation in our country is an open secret,” the court said.

    It questioned in its judgement as to why the former provincial minister’s physical remand had not been sought by the Anti-Narcotics Force (ANF) to investigate the allegations against him, and why were the formal documentary proceedings of the seizure of narcotics not conducted at the time of arrest.

    “Why a sample of only 20 grams of the heroin recovered was sent for testing when the seized quantity was as high as 15 kilogrammes,” the court questioned.

    In the judgement, it was reasoned that from the facts of the case, there needed to be further investigation of the charges against Sanaullah. However, since “the co-accused in the case were granted bail by a trial court, and their bail was not challenged by the prosecution in the high court”, it would be unfair to not allow Sanaullah the same recourse.

  • LHC directs lawyers to seek public’s apology over PIC attack

    The Lahore High Court (LHC) has directed the lawyers involved in Punjab Institute of Cadiology (PIC) to seek public’s apology and correct their ranks, The News International reported.

    According to the details, a two-member bench, headed by Justice Ali Baqar Najfi, took up the petition seeking cancellation of FIRs [FIrst Information Report] registered against lawyers and their immediate release.

    Justice Najfi during the hearing said that it seemed the law of jungle is prevailing in Pakistan, as lawyers attacked the PIC, adding that no society could exist long under law of jungle.

    The court asked Azam Nazir Tarar, a Member Pakistan Bar Council (PBC), who appeared in the court on behalf of lawyers as to how lawyers dared storm a hospital?

    “What would be your reaction if such invasion of bar council’s office takes place?”, the judge asked, adding that it had not happened even in war times. “Black sheep are present among lawyers and they should be kicked out”, the judge remarked.

    Petitioner’s lawyer said that the entire lawyer community felt regret over the PIC incident and condemned the incident soon after it happened. Justice Najfi asked Azam Tarar could you present a single justification of attack on a hospital and said that the lawyers should seek public apology and correct their ranks.

    The judge added that the court was hearing the case with heavy heart and pain.

    Justice Anwarul Haq Punhun who is the other member of the bench, asked whether any bar council had shown willingness to take action against the delinquent lawyers.

    To this, Azam said that the bar council was going to take action against them and their practice licences would be suspended.

    However, Justice Najfi said that apparently lawyers were aggressor, adding that the arrested lawyers would have to seek bail from the trial court.

    “The judges had taken oath to do justice in accordance with the Constitution and law of the land, he added.

    The court then adjounred the hearing and directed provincial law officer to furnish record of cases and details of arrested lawyers by Dec 16.

  • Mother kills son’s murderer after seven years

    Mother kills son’s murderer after seven years

    A mother, Parveen Akhtar, has killed her son’s acquitted alleged murderer Nouman, after the Lahore High Court (LHC) had exonerated him of murder charges due to lack of evidence, ARY News reported.

    According to the details, Nouman, around seven years ago had allegedly murdered Parveen’s son Tasleem, age 21 over a domestic issue in Sialkot.

    Parveen had lodged a case agianst the suspect in the lower court and after the proceedings, the court had found Nouman guilty of killing her son, handing down a death sentence to him.

    Later, Nouman had filed a plea in the LHC against the death sentence, awarded to him in the murder case. After which in April 2019, the court had annulled the lower court’s verdict and declared Nouman innocent.

    Nouman after getting released from the court left for Dubai and remained their for several months, and upon his return to Pakistan, he was killed by the mother in revenge.

    Police have now registered a case against Parveen and her four accomplices for killing the man. A police official has said that they have arrested the woman and conducting raids to apprehend her other accomplices.

    He added that two murder cases were also registered against Parveen Akhtar’s son who had been allegedly killed by Nouman.