Tag: SJC

  • Tasadduq passes the buck back to the Supreme Court

    Tasadduq passes the buck back to the Supreme Court

    Former Chief Justice Pakistan Tassaduq Hussain Jillani on April 1 recused himself from heading the “inquiry committee” that was approved by the Federal Cabinet regarding the Islamabad High Court judges’ letter.

    Jillani’s letter was written to Prime Minister Shehbaz Sharif with the subject “One Man Inquiry Commission.”
    Last week, on Tuesday, six judges of IHC wrote an explosive letter to the Supreme Judicial Council (SJC) alleging blatant interference of intelligence agencies in judicial matters.

    The very next day, calls for investigations began to gain ground which led to CJP Qazi Faez Isa holding a full court meeting of the Supreme Court judges.

    On Thursday, the PM met with CJP and an inquiry commission was made to probe into the matter. The Federal Cabinet approved and appointed Tassaduq Jillani as the commission head on Saturday.

    However, more than 300 lawyers wrote a joint letter to the Supreme Court urging them to take Suo Moto initiative in the judges’ allegations.

    The Supreme Court on Monday took suo motu notice of the IHC judges’ letter while the former CJP Jillani also refused to head the one-man inquiry commission citing that the letter referenced the top court to intervene so it would be “violative of judicial propriety” for him to inquire into a matter which “may fall within the jurisdiction of a constitutional body which is the SJC or the Supreme Court itself”

  • Lawyers call upon the SC to use suo moto powers to probe IHC judges letter

    More than 300 lawyers across the country have urged the Supreme Court to initiate proceedings under Article 184(3) on the Islamabad High Court Judges’ letter to the Chief Justice of Pakistan alleging “interference” by the executive in judicial matters.

    On March 26, six IHC judges — Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Fafat Imtiaz — wrote a letter to the Supreme Judicial Council (SJC), demanding a judicial convention over the alleged meddling of spy agencies in legal matters.

    Last week, the CJP met with the Prime Minister to discuss this matter and it was mutually agreed to make an inquiry commission chaired by a retired judge to investigate the allegations.

    “We further call upon the Supreme Court of Pakistan to take cognisance of the matter in its jurisdiction under Article 184(3) of the Constitution as this issue eminently relates to the public interest and to the enforcement of fundamental rights,” the lawyers’ statement came after the commission was approved by the federal cabinet.

  • PTI to stage protest on Sunday in solidarity with judges

    PTI to stage protest on Sunday in solidarity with judges

    The Pakistan Tehreek-e-Insaf (PTI) announced on Thursday that it will stage a protest on Sunday in solidarity with judges and for the release of PTI founder Imran Khan.

    “The PTI is going to stage a rally for the freedom of the judiciary on the directives issued by the founder of the PTI,” party Chairman Barrister Gohar Ali Khan said while talking to the media after a meeting with Imran Khan.

    Earlier, Adiala jail authorities gave permission to 11 PTI leaders and the PTI’s legal team to visit Imran Khan in prison, including Barrister Gohar Ali Khan, Shoaib Shaheen, Sher Afzal Marwat, Faisal Javaid, Zartaj Gul and Amir Niazi.

    “We will soon write a letter to the Chief Justice of Pakistan on behalf of the founder of PTI, while Imran Khan, in his message from the jail, has expressed complete solidarity with the cause of the judiciary’s freedom,” Barrister Gohar said.

    This development comes after six judges of the IHC — Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz — wrote to the Supreme Judicial Council (SJC) to convene a judicial convention over the matter of the alleged interference of members of the executive, including operatives of intelligence agencies, in judicial affairs.

  • SC declares dismissal of former IHC judge Shaukat Aziz Siddiqui unlawful.

    SC declares dismissal of former IHC judge Shaukat Aziz Siddiqui unlawful.

    The Supreme Court on Friday ruled the dismissal of former Islamabad High Court (IHC) senior judge Shaukat Aziz Siddiqui as illegal, issuing directions that he may now be considered a retired judge.

    The decision was announced by a five-member bench led by Chief Justice of Pakistan Qazi Faez Isa, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat. The bench had reserved the verdict on Aziz’s plea in January this year.

    In his petition, the former judge challenged the decision of Supreme Judicial Council (SJC) removing him from office and an Oct 11, 2018 notification because of which he was dismissed for a controversial speech he had delivered at Rawalpindi Bar Association.

    In his speech, Aziz blamed the country’s premier spy agency ISI of illegally using their influence to manipulate the court proceedings and forming their choice of benches in cases related to indictment of former Prime Minister Nawaz Sharif and his daughter Maryam Nawaz.

    However, since the court noticed that since the former judge had attained the age of 62 years, he would not be able to resume his previous service as a judge. “Consequently, Justice Siddiqui shall be deemed to have retired as a judge of the IHC and he will be entitled to receive all the benefits and privileges due to a retired judge, by allowing these petitions in the above term,” it stated.

  • SJC recommends not using  titles ‘judge’, ‘justice’ with Mazahar Naqvi’s name

    SJC recommends not using  titles ‘judge’, ‘justice’ with Mazahar Naqvi’s name

    A five-judge bench of the Supreme Judicial Council (SJC) has released a 33-page detailed opinion on Friday,  stating that former judge of the apex court, Sayyed Mazahar Ali Akbar Naqvi, has committed misconduct. The council recommended his removal from office and advised against using the titles ‘Justice’ or ‘Judge’ with his name in the future.

    The SJC discovered that the judge committed several instances of misconduct, which harmed the reputation of the judiciary.

    While Mr Naqvi had resigned a day before the SJC began proceedings on nine complaints against him under Article 209(6), the council decided to continue with its proceedings, with Chief Justice of Pakistan (CJP) Qazi Faez Isa saying it was “necessary to remove the misperception that the institution of judiciary is above the law”.
    The Supreme Judicial Council, led by the Chief Justice of Pakistan, praised the Pakistan Bar Council (which oversees lawyers) and Advocate Mian Dawood for filing complaints to support the rule of law and accountability.

    The council found Naqvi guilty of violating his oath of office and the Code of Conduct for judges after at least five allegations made by the complainants were proven true.

    The council explained that it could not be stated that Mr Naqvi was “untouched by greed”, “was above reproach”, his conduct was “free from impropriety expected of a judge” in his official and private affairs and thus he violated Article II and III of the Code of Conduct. According to the SJC opinion, it was clear that he violated Article IV as his actions were swayed by consideration of “personal advantage”.

  • Reference case against Justice Mazahar: Application filed to separate Justice Ijaz from Judicial Council

    An application asking to separate Justice Ejazul Ahsan from the Supreme Judicial Council (SJC) on the issue of a complaint against Supreme Court (SC) Justice Mazahir Naqvi in the SJC has been filed.

    Mian Dawood Advocate filed a constitutional petition in the SC in which the Federal Government and the Secretary SJC have been made parties, while the order sheet of the case of former CCPO Ghulam Mehmood Dogar is also attached to the petition.

    It has been argued in the petition that Justice Ijaz should be removed from the council hearing the complaint against Justice Mazahar, and another senior judge should be made a part of the SJC in his place.

    It has been said in the petition that the reference to corruption and misconduct against Justice Naqvi is under hearing in the Judicial Council. On the complaint of the petitioner, the Judicial Council has issued a second show cause notice to Justice Mazahar. In relation to the Ghulam Mahmood Dogar case, Justice Ijaz was part of the bench that heard the case; therefore, legally and in principle, no judge who heard the case of Ghulam Mahmood Dogar can be a member of the Judicial Council.

    It has been further stated in the petition that Justice Ejazul Ahsan being a member of the SJC is against Articles 10A and 9 of the Constitution. Justice Ejaz will not be able to meet the demands of justice in the council.

  • Authority to remove NAB chairman taken back from SJC, given to president

    Authority to remove NAB chairman taken back from SJC, given to president

    The power to remove the National Accountability Bureau (NAB) chairman from office has been withdrawn from the Supreme Judicial Council (SJC) and given to the president, as per the National Accountability (Third Amendment) Ordinance, 2021, which has been approved by President Arif Alvi, reports Geo News.

    The NAB chairman’s tenure, as per the new ordinance, will be of four years. The criteria for the removal of a NAB chairman will be the same as the one for the removal of a Supreme Court judge, according to the new Ordinance.

    Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif criticised the new Ordinance and said that the government had spared no efforts to push the Opposition to the wall. He claimed that the government had introduced a new NAB ordinance to give itself National Reconciliation Ordinance (NRO).

  • I only watch wrestling on TV: judge who wants Musharraf hanged at D-Chowk

    I only watch wrestling on TV: judge who wants Musharraf hanged at D-Chowk

    Peshawar High Court (PHC) Chief Justice (CJ) Waqar Ahmed Seth, who on Thursday made headlines for his damning remarks in Gen (r) Pervez Mushrraf’s treason case judgement, has said that the only thing he watches on TV is wrestling.

    The PHC CJ, who was a part of the three-judge special court trying the former military ruler for treason, had a day earlier drawn ire of people on both mainstream and social media for proposing Musharraf’s public hanging.

    Both the government and the army had expressed “anger” over a specific paragraph 66 of the detailed judgement and termed it “unlawful”, “inhuman” and “unconstitutional”.

    Para 66 of the verdict read: “We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict [Pervez Musharraf] and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk [in front of the Parliament House], Islamabad, Pakistan, and be hanged for three days.”

    With the government deciding to move the Supreme Judicial Council (SJC) and file an appeal against the verdict during a meeting of the ruling Pakistan Tehreek-e-Insaf’s (PTI) strategic committee, chaired by Prime Minister (PM) Imran Khan after his telephonic conversation with Chief of the Army Staff (COAS) Gen Qamar Javed Bajwa, a lawyer, Advocate Moazzam Butt, on Friday praised Justice Seth for staying calm despite all the backlash.

    “It’s impressive how calm you are,” the lawyer said to Justice Seth as the latter heard a case at the PHC, Express News reported.

    Responding to the lawyer’s praise, the judge said that nothing had happened until he left home earlier in the day. “I don’t watch TV… I only watch wrestling,” he was quoted as saying.

  • ‘We’re patient’: Military reacts to detailed verdict in ex-chief’s treason case

    Inter-Services Public Relations (ISPR) Director General (DG) Major General Asif Ghafoor on Thursday blasted the detailed judgement in the high treason case against former military ruler Gen (r) Pervez Musharraf, stating that the fears of the armed forces had proven true.

    “We direct the Law Enforcement Agencies to strive their level best to apprehend the fugitive/convict [Musharraf] and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad and hanged for three days,” one of the judges, Justice Waqar Ahmed Seth of the Peshawar High Court (PHC), had stated in the verdict issued earlier in the day.

    Reacting to the verdict, the military spokesperson said that the words used in the written order “transgressed humanity, religion, culture and any other values”.

    “Pakistan Army is a responsible institution and its soldiers have taken an oath to protect the country. For the armed forces, the country comes first, and institutions later,” Maj Gen Asif Ghafoor said as he addressed a short press conference hours after the detailed verdict was issued by the special court trying the ex-army chief for treason.

    “We will not let this stability be reversed under any circumstances,” he said, adding that the military knew how to defend the institution’s integrity, and would foil any attempts by external or internal enemies to destabilise the country.

    “We have been fighting conventional wars, then sub-conventional wars and now, we are facing a hybrid war,” he said. “We know the nature of this war and how to fight it.”

    The DG ISPR said that efforts were being made to weaken Pakistan externally. He said that some elements were trying to destabilise the country by making people fight with one another. “Some people are dreaming that they can defeat Pakistan. This will not happen. If we know about the threat, then our response is also in place.”

    He said that the prime minister (PM) and army chief had spoken in detail over the verdict, and the government would soon inform the nation about the decisions taken by the two.

    “The armed forces are not an institution, but are like a family,” Maj Gen Asif Ghafoor said.

    REFERENCE AGAINST SETH:

    Meanwhile, Attorney General of Pakistan (AGP) Anwar Mansoor Khan has strongly condemned the detailed verdict of the special court and said that the government would take action against the judge who proposed public hanging.

    Terming the judgement as “illegal, unconstitutional and immoral”, he said that an action would be taken against the judges concerned under Article 209 of the constitution.

    “I will take steps for declaring the verdict null and void after returning from Istanbul. This matter will be sent to the Supreme Judicial Council (SJC) of Pakistan for holding an inquiry against the judge,” the AGP said while talking to ARY News.

    He added that the verdict was seemingly given on the basis of personal enmity and a legal plea would be filed to nullify the verdict in accordance with the law. “It [the verdict] has damaged the reputation of the armed forces as it is an apparent attack against the institution.”

    “A person must not be allowed to continue to perform their duties as a judge when they are mentally ill. This position is not for a person who gives verdicts against the constitution, law and the religion,” he maintained.

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