Tag: petition

  • LHC summons PTA, federal govt and Information Ministry over internet disruption

    LHC summons PTA, federal govt and Information Ministry over internet disruption

    The Lahore High Court (LHC) has asked the Pakistan Telecommunication Authority (PTA), the Information Ministry, and federal government representatives to appear before the court on a petition pertaining to internet disturbance on the next hearing on August 21.

    Advocate Nadeem filed the petition stating that the internet shutdown should be declared unconstitutional and the government should ensure smooth internet.
    The petition stated that ‘’Internet shutdown is a violation of Constitution Article 9 (personal security), 18 (freedom of business), article 19 (freedom of speech).”

    “Apart from the general public, hundreds, if not thousands, of companies have also been affected. Ride-hailing companies like Bykea, Careem and InDrive have taken the brunt, as their users —drivers and passengers — need mobile data on the go,” the petition read.

  • SC seeks details of military trials of civilians

    SC seeks details of military trials of civilians

    The Supreme Court (SC) has sought details of civilians being tried in military trials over their alleged role in May 9 riots. A six-member bench — led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan — heard a set of intra-court appeals (ICAs) against its Oct 23 unanimous ruling nullifying the military trials of civilians.

    The case references 103 civilians currently in army trials for their alleged involvement in attacks on army installations.
    It is important to note that last year, a five member bench had unanimously declared military trials of civilians as null and void.

    However, on December 13, ruling on an appeal filed by the then-caretaker federal government and provincial governments of Punjab, KPK, Balochistan, in a 5-1 majority verdict, the SC conditionally suspended its previous ruling.

    Recently, former CJP Jawad S. Khawaja, who is one of the petitioners to challenge military trials, had requested for an early hearing, stating that continued presence of civilians in military custody was worrying. His counsel also objected to the size of the bench saying, “It is my request to the court to urge the SC committee to constitute a nine-member bench.”

  • ECP files review petition against PHC order on PTI ‘bat’ symbol

    ECP files review petition against PHC order on PTI ‘bat’ symbol

    The Election Commission of Pakistan (ECP) has submitted a review petition on Saturday to the Peshawar High Court (PHC) challenging the decision of its single-judge bench regarding the iconic electoral symbol of Pakistan Tehreek-e-Insaf (PTI), the ‘bat’.

    The high court issued its verdict on December 26 regarding PTI’s petition that contested the ECP’s decision, which had deemed the party’s internal polls “unlawful” and stripped it of using the ‘bat’ symbol.

    While announcing the reserved verdict, the PHC suspended the ECP’s order and restored the party’s ‘bat’ symbol till a final decision on the petition. The court also stated that a double bench will hear the matter after winter vacations.

    The ECP, in its plea, has urged the court to review the intra-party elections of the PTI and its determinations concerning the election symbol.
    The Commission, in its plea, urged the court to schedule the petition for consideration by a division bench, emphasizing broader public interest. The commission asserted its responsibility to conduct elections with honesty, justice, and fairness in accordance with the law.
    The petition read that Article 218(3) allows the electoral body to organise and conduct the elections, adding that the ECP is also responsible for making all necessary arrangements ahead of the polls.

    “This court […] observed that election is a process which starts with the issuance of the election programme and consists of the various links and stages in that behalf as, filing of nomination papers, their scrutiny, the hearing of objections and the holding of actual polls. If any of these links is challenged it really (is) tantamount to challenging the said process of election,” it said.

  • Petition against Imran, Bushra nikah dismissed

    Petition against Imran, Bushra nikah dismissed

    Civil Judge, Islamabad, Qudrat Ullah has dismissed a petition challenging the nikah between Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan and his wife Bushra Bibi on Friday after it was withdrawn by the petitioner.

    Muhammad Hanif, the petitioner, had moved the court seeking legal action against the former prime minister for marrying his present wife while she was reportedly on iddat, but he withdrew his case, leading to its dismissal.

    In an application submitted in the court, the petitioner said: “For the time being, the applicant wants to withdraw the above said complaint due to technical reasons.”

    “If permission to withdraw the complaint is not accorded, applicant shall suffer irreparable loss,” he stated.

    Keeping in view the statement of the complainant, Judicial Magistrate (East) Qudrat Ullah granted permission for the withdrawal of the complaint under Section 248 Code of Criminal Procedure (CrPC) and wrapped up the case.

    Imran-Bushra marriage case

    The petitioner, Muhammad Hanif, had claimed that Bushra Bibi was divorced by her former husband in November 2017 and married Khan on January 1, 2018, despite the fact that the iddat period had not ended, “which is against the Sharia and Muslim norms.”

    The complainant submitted in the court the statement of Mufti Muhammad Saeed, who solemnised the marriage between Imran and Bushra, where he had said that the PTI chief married Bushra Bibi during the latter’s iddat (the time a woman goes into isolation after her husband dies or divorces her), despite knowing everything.

    In his statement to a lower court, Saeed said he had solemnised Khan’s nikah with Bushra Bibi on January 1, 2018, over the assurance of a woman claiming to be the former first lady’s sister.

    “Then the former premier contacted me again in February 2018 and requested me to solemnise his nikah with Bushra Bibi again as the first time it was against the Shariah,” Saeed stated before the court.

    He said that the first time when the nikah was solemnised, Bushra Bibi’s Iddat hadn’t ended.

    He quoted Khan as saying that Bushra Bibi had been divorced in November 2017 and that there was a “prediction” that the PTI chairman would become the prime minister of Pakistan if he married Bushra Bibi.

    Mufti Saeed added that the first nikah was illegal, which had been solemnised based on the “prediction”.

    The complainant also submitted the statement of Aun Chaudhry, a witness to the marriage and former political secretary to former prime minister Imran Khan, who claimed in court that their marriage ceremony and Nikkah were based on “fraud”.

    According to his statement, Imran’s divorce from his previous wife, Reham Khan, took place in 2015, after Bushra Bibi told the former premier to give her divorce immediately.

    “At the time, Reham Khan was not present in the country, but Imran Khan divorced her through email on the advice of Bushra Bibi,” he said.

    “On December 31, 2017, Imran said to me that he was going to marry Bushra Bibi the next day. I was surprised and told him that Bushra Bibi was already married. Imran Khan said that Bushra Bibi had been divorced,” he added.

    Aun Chaudhry claimed Imran Khan instructed them for the preparations for the marriage on January 1, 2018, adding that he accompanied Mufti Saeed, the cleric who solemnised the couple’s Nikkah, and PTI leader Zulfi Bukhari to Lahore where Imran Khan’s marriage was solemnised.

    Later, when they realized that the iddat period had not been completed yet, Aun stated “Imran Khan said that the waiting period (Iddat) would be completed on February 18, 2018, and asked me to make arrangements for the marriage on the same date. The waiting period had to be completed between February 14 or 18, 2018. Imran Khan’s second Nikkah took place in Bani Gala whereas the first one had taken place in Lahore.”

    He revealed that Bushra Bibi had been given an “order” that if the Nikkah took place on the first day of 2018, Imran Khan would become the prime minister, adding that the date was chosen keeping in mind the “prediction”.

    Marriage

    In February 2018, the PTI announced that Khan married Bushra Riaz Watoo, better known now as Bushra Bibi, who is a respected faith healer. The ceremony was held in Lahore.

    Although Khan’s sisters were not in attendance, the bride’s mother and friends attended the intimate ceremony.

    Before marrying the spiritual guide, Khan was married twice.

    He first married Jemima Goldsmith, daughter of a British billionaire, in 1995, but it ended in 2004. He has two kids, Suleman and Qasim, from his first wife. Both of them live with their mother.

    His second marriage was to Reham Khan in January 2015, which dissolved in a short span of 10 months.

  • The Minor’s father files new petition in Sindh High Court for recovery of his daughter

    The Minor’s father files new petition in Sindh High Court for recovery of his daughter

    Minor Girl father Mehdi Kazmi has filed a new case in the Sindh High Court for the recovery of his daughter. He has alleged that Zaheer Ahmed had kidnapped his daughter.

    The petition submitted by The Minor’s father stated that his daughter was 13 years, 11 months, and 19 days old when she was kidnapped by Zaheer Ahmed.

    It also stated that all NADRA documents, educational certificates, passports, and birth certificates are available as evidence.

    The petition asserts that her marriage with Zaheer is a violation of the 2016 Punjab Restoration Marriage Act. According to a new report by a six-member medical board, which established the adolescent’s age to be between 15 and 16. The petition sought The Minor’s recovery.

    Previously, The Minor’s age had been established by a medical board to be between 16 and 17, but the findings of the board had been challenged on a technicality.

  • Islamabad High Court directs military to take back complaint against Imaan Mazari-Hazir

    Islamabad High Court directs military to take back complaint against Imaan Mazari-Hazir

    On June 1, 2022, Chief Justice Athar Minallah responded to the FIR No.436/22 which was registered against Lawyer and Daughter of PTI’s Shireen Mazari, Imaan Mazari-Hazir, at the Ramna police station in Islamabad. The FIR was filed against Mazari’s alleged use of “objectionable language” during her mother’s arrest on May 21, 2022 when Shireen Mazari was arrested and taken into custody by Punjab Police Anti Corruption wing.

    Chief Justice (CJ) of the Islamabad High Court (IHC) Athar Minallah issued a court order which says that on the basis of the evidence shown so far, the information that the police officers have provided is ‘misleading’ and that the trauma and distress caused to Imaan Mazari was aggravated because of the misleading information provided by police officials, adding that it was not her intent to disrespect the armed forces.

    Minallah also clarified that there was no intent to commit an offence on the part of Mazari’s actions which have become the subject of the FIR filed against her. “The regret and remorse on the part of the petitioner is obvious and the court has no reason to doubt the bonafides of the statement made on her behalf,” reads the court order. Further the Chief Justice directed the complainant who filed the FIR on behalf of the armed forces to consider withdrawing their complaint.

    The case has been adjourned till June 9.

  • Musk sued for stock manipulation during Twitter takeover bid

    Musk sued for stock manipulation during Twitter takeover bid

    The most controversial billionaire Elon Musk has been sued by Twitter Inc shareholders, who claim he manipulated the company’s stock price downward, as the CEO of electric carmaker Tesla Inc mounts a $44 billion buyout offer for the social media platform.

    According to the investors, Musk saved $156 million by failing to disclose that he had acquired more than 5 per cent of Twitter by March 14. They requested class certification and an unknown amount of punitive and compensatory damages.

    They also named Twitter as a defendant, claiming the company owed them an investigation into Musk’s behaviour, though they are not seeking monetary damages from the company.

    As per the lawsuit, filed on Wednesday in San Francisco federal court, the investors claimed Musk continued to buy stock after that and eventually disclosed in early April that he owned 9.2 per cent of the company.

    “By delaying his disclosure of his Twitter stake, Musk engaged in market manipulation and purchased Twitter stock at an artificially low price,” the investors, led by Virginia resident William Heresniak, claimed. Requests for comment were not immediately returned by Musk or his lawyer.

    The recent drop in Tesla’s stock has put Musk’s ability to finance his acquisition of Twitter in “major jeopardy,” according to the investors, because he has pledged his shares as collateral to secure the loans he needs to buy the company.

    Tesla’s stock was trading around $713 per share on Thursday afternoon, down from over $1,000 in early April. According to the Wall Street Journal, the timing of Musk’s disclosure of his stake has already triggered an investigation by the US Securities and Exchange Commission (SEC).

    The SEC demands any investor who purchases more than 5% of a company’s stock to disclose their assets within 10 days of crossing the limit.

    The investors also claimed that Musk’s public criticism of the company, such as a May 13 tweet stating that the buyout was “temporarily on hold” until Twitter proved that spam bots accounted for less than 5% of its users, amounted to an attempt to drive the share price even lower.

    Musk pledged an additional $6.25 billion in equity financing to fund his bid for Twitter on Wednesday, indicating that he is still working to close the deal.

    Earlier this month, the tech mogul was sued in Delaware Chancery Court by a Florida pension fund, which sought to halt the transaction on the grounds that some other large Twitter shareholders were supporting the buyout, which is a violation of Delaware law. The lawsuit filed by Heresniak does not seek to halt the takeover.

  • Court dismisses petition against PM Khan’s marriage, terms it ‘absurd and derogatory’

    Court dismisses petition against PM Khan’s marriage, terms it ‘absurd and derogatory’

    The Federal Shariat Court (FSC) on Monday dismissed a petition seeking an order against the marriage of Prime Minister (PM) Imran Khan on the basis of ten questions related to Islamic laws and constitutional provisions, reports Malik Asad for Dawn.

    A three-member FSC bench declared the petition as non-maintainable with an observation that the petition was “not filed in accordance with the Federal Shariat Court (Procedure) Rules 1981”.

    The court order mentioning the 10 questions asked by the petitioner stated that some questions were “absurd, derogatory and absolutely irrelevant”, while two questions that were related to Nikkah were “ambiguous, inconceivable and not understandable, rather [they] were not supposed to be framed at all.”

    The questions put forward in the petition were in relevance to Khula and the dissolution of marriage.

    The order stated that the petitioner had “not specified any specific provision of law being repugnant to the injunctions of Quran and Sunnah as required by the Constitution, as elaborated in the Federal Shariat Court (Procedure) Rules, 1981. Subse­quen­t­­ly, it dismissed the petition declaring it as non-maintainable”.

  • ‘A conspiracy could be hatched against Pakistan from abroad if social media not controlled’: CJ Lahore High Court

    ‘A conspiracy could be hatched against Pakistan from abroad if social media not controlled’: CJ Lahore High Court

    Lahore High Court (LHC) Chief Justice (CJ) Muhammad Qasim Khan, while hearing a case on offensive content on social media, observed that a conspiracy could be hatched against Pakistan from abroad if social media was not controlled.

    CJ LHC asked if a person could be tried in Pakistan for uploading hate material on social media from abroad or if a person was killed in Britain, could a trial be held in Pakistan. According to a report in The News, when the petitioner’s lawyer said that the law does exist under which a person could be tried in Pakistan for uploading objectionable material on social media while sitting abroad, CJ Qasim Khan got angry. He asked the lawyer to complete his preparation before coming up with arguments.

    CJ LHC observed that people can be instigated to rebel if social media platforms like Facebook, Twitter, Instagram were not controlled.

    In April, CJ Khan had observed that civil servants should submit details of their cellular numbers and social media accounts to their relevant departments. He also asked departments to make a code of conduct for civil servants for social media use. He was hearing a petition against running a social media campaign against the judiciary after the arrest of an assistant commissioner on the orders of a civil judge in Sahiwal. Back in February, CJ LHC had ordered the director general FIA to constitute a committee to examine all YouTube channels as well as other social media accounts with videos against the judiciary and asked that proceedings against them should be initiated.

  • ‘#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.