Tag: Supreme court of Pakistan

  • ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    Former Chief Justice of Pakistan (CJP) Umar Ata Bandial, before his retirement earlier this month, had a telephonic conversation with Justice Sardar Tariq Masood to discuss a matter of complaints against fellow judges of the apex court, as per The News.

    As per the sources of Geo’s senior reporter Abdul Qayyum Siddiqui, Justice Masood received a phone call from CJ Bandial on the night of September 5, 2023. The two justices had a conversation, initially intended to discuss and resolve complaints against fellow judges of the Supreme Court, which took a bitter turn.

    Sources suggest that during the contentious telephonic conversation, former Chief Justice Bandial extended an offer to Justice Masood. Allegedly, he proposed that if a pending complaint against another judge were withdrawn, then the complaint against Justice Masood would also be resolved.

    Displeased by the call, Justice Masood wrote a letter to the former CJ on September 6, expressing his disapproval. Justice Masood was upset at how the former CJ had called him instead of forwarding the matter to the current members of the Supreme Judicial Council, including Justice Qazi Faez Isa, Justice Ijaz ul Ahsan, the chief justice of the Sindh High Court, and the chief justice of the Lahore High Court.

    The letter penned by Justice Masood — dated September 6 — reads as follows:

    Mr Justice Umar Ata Bandial, Honourable Chief Justice of Pakistan, Islamabad.

    “Dear Sir,

    Yesterday you spoke to me on the phone and informed me that a complaint against me was submitted by Mrs Amina Malik and you asked me what to do with it. Sir, with the greatest of respect I do not think it was appropriate for you to have talked to me about the said complaint. Sir, you’re talking to me has placed me in a most embarrassing position.

    Under the circumstances, it would be best if the said complaint is placed for consideration before the Supreme Judicial Council as I do not want an additional accusation of seeking favour to be leveled against me. I am confident that the Council will attend to it in accordance with the constitution and the law, and if the complaint is found to be false and intended to malign me then the Council will act pursuant to clause 14 of the Supreme Judicial Council (Procedure of Inquiry), 2005.

    Yours very sincerely,

    Justice Tariq Masood”

    Geo News attempted to contact the former chief justice to get his stance on this matter but, as of now, no response has been received.

  • Lawyer fined by Qazi Faez Isa for ‘wasting’ court’s time

    Lawyer fined by Qazi Faez Isa for ‘wasting’ court’s time

    Chief Justice of Pakistan (CJP) Qazi Faez Isa imposed a fine on a lawyer on Thursday for what he considered a clear wastage of the court’s valuable time. According to reports, the Chief Justice levied a penalty of Rs5,000 on the lawyer for consuming the court’s time during proceedings related to a property case.

    Justice Isa pointed out that the attorney had failed to appropriately draw the court’s attention to pertinent documents, instead attempting to misguide the court. Expressing his disappointment with the petitioner’s legal representative, the Chief Justice remarked that their actions had undermined the court’s trust.

    He addressed the lawyer directly, saying, “The court has lost faith in you with this act of yours”.

    Chief Justice Isa further instructed the lawyer to donate the fine amount to a charity of their choice and provide the court with proof of the donation receipt. The case in question revolved around a property dispute, with court proceedings having extended over several weeks.

  • Who are the 15 Supreme Court judges you saw on TV all day?

    Who are the 15 Supreme Court judges you saw on TV all day?

    Today, for the first time in Pakistan’s history, proceedings of the full bench in the Supreme Court were broadcast on PTV.
    Most people were confused about who was who as they saw the 15 judges on screen for the first time.

    If you’re not familiar with them, here is a short intro to each of the 15 judges.

    1 Mr. Justice Syed Mansoor Ali Shah

    Formerly the 45th Chief Justice of the Lahore High Court, Mr Ali Shah has been serving as a justice at the Supreme Court since 2018. He was born in Peshawar and educated at Aitchison College, University of the Punjab and then Downing College, Cambridge.

    2 Mr. Justice Syed Hasan Azhar Rizvi

    Mr Hasan Azhar Rizvi has been serving as a judge at the Supreme Court of Pakistan since November 2022, prior to which he was a Justice of the Sindh High Court from Febuary 2010 to November 2022.

    3 Mr. Justice Sardar Tariq Masood

    Mr Justice Sardar Tariq Masood has been serving as a justice at the Supreme Court of Pakistan since November 2015. He began practicing law in the Rawalpindi district in 1985 and became an Advocate of the Supreme Court in 2008.

    4 Mrs. Justice Ayesha A. Malik

    At the age of 55, Mrs Ayesha Malik made history by becoming the first female Supreme Court judge, a victory that was celebrated by all women in Pakistan. In 2021, she outlawed the deeply misogynist virginity test which was used on survivors of rape and sexual abuse. She earned her Bachelors of Commerce from Government College of Commerce and Economics, then received her law degree from Pakistan College of Law, and her LL.M from Harvard Law School.

    5 Mr. Justice Amin-Ud-Din Khan

    Justice Amin-ud-Din Khan was sworn in as a Supreme Court judge in 2019. He began practicing in lower courts in 1985 after which he was issued a license. He was appointed as an Advocate of the Lahore High Court in 1987, and later of the Supreme Court in 2001.

    6 Mr. Justice Jamal Khan Mandokhail

    Justice Jamal Khan Mandokhail was elevated to the Supreme Court of Pakistan as a Judge on August 2021. He completed his Matriculation from the Federal Government High School, Quetta Cantonment, and then his FSc. from Government Science College, Quetta. Mr Mandokhail completed his Masters in Political Science and Economics from the University of Balochistan, and later did his LLB from University Law College Quetta in 1987.

    7 Mr. Justice Munib Akhtar

    Justice Munib Akhtar took oath as a Supreme Court judge in 2018. He is the son-in-law of the former law minister Khalid Anwar.

    8 Mr. Justice Ijaz Ul Ahsan

    Justice Ijaz Ul Ahsan was appointed as a Judge of the Supreme Court of Pakistan in 2016. He had earlier been appointed the Chief Justice of the Lahore High Court in 2015. He recieved his early education in Lahore and then graduated in 1979 from Forman Christian College with a merit scholarship.

    9 Mr. Justice Athar Minallah

    Justice Athar Minallah was appointed as a judge of the Supreme Court of Pakistan in November 2022. Prior to this, he served as the 5th Chief Justice of the Islamabad High Court from 2018 till 2022.

    10 Mr. Justice Shahid Waheed

    Justice Shahid Waheed completed his graduation from Government College Lahore in 1986, after which he did his LL.B from the University Of Punjab in 1989. He was elevated as a judge of the Lahore High Court on March 2012, and appointed as a judge of the Supreme Court of Pakistan in 2022.

    11 Mr. Justice Sayyed Mazahar Ali Akbar Naqvi

    Justice Sayyed Mazahar Ali Akbar Naqvi was appointed as a judge of the Supreme Court of Pakistan in March 2020, and has been a practicing Advocate of the Supreme Court of Pakistan and at the High Courts since 2001 and 1988.

    12 Mr. Justice Muhammad Ali Mazhar

    Justice Muhammad Ali Mazhar was appointed as a judge of the Supreme Court of Pakistan in August 2021. Before his tenure in the apex court, he became a judge of the Sindh High Court in February 2010. Born in Karachi, he completed his graduation in Commerce and later passed his LL.B examination in 1990.

    13 Mr Justice Qazi Faez Isa

    Mr. Justice Qazi Faez Isa was appointed as a judge of the Supreme Court of Pakistan in September 2014, and was elevated to the position of Chief Justice on Sunday. He completed his early education from Karachi, then went on to earn a Bachelors in Law from London, where he completed his Bar Professional examination at the Inns of Court School of Law.

    14 Mr. Justice Yahya Afridi

    Justice Yahya Afridi was elevated as a judge of the Supreme Court in June 2018, and was previously appointed as the Chief Justice of the Peshawar High Court in December 2016.

    15 Ms. Justice Mussarat Hilali

    Justice Mussarat Hilali became the first woman Chief Justice to be appointed at the Peshawar High Court in March 2023, and later became the second female judge to be appointed at the Supreme Court of Pakistan.

  • Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    The live transmission of the Supreme Court’s (SC) full bench led by Chief Justice of Pakistan (CJP) Qaez Faez Isa on Monday has led to social media blitz of memes.

    Delighted viewers got to see a Supreme Court hearing for the first time, and they did not hold back on jokes.

    Lawyers, particularly Khawaja Tariq Rahim, came under particular scrutiny, and the internet was not particularly impressed with his arguments, or lack thereof.

    We have gathered the best of the internet’s comments on proceedings, judges’ remarks and lawyers’ arguments.

    One user used a meme about what lawyers think they do, what public thinks lawyers do and what lawyers actually do.

    Another user tweeted a meme what CJP Isa might have said to Advocate Khawaja Tariq Rahim.

    More tweets about lawyers and their arguments here:

    Do you agree with these tweets?

  • SC bench hearing petitions against military courts dissolved again

    SC bench hearing petitions against military courts dissolved again

    A seven-member bench of the Supreme Court, hearing a set of pleas against military trials for perpetrators of the May 9 riots, has dissolved once again on Monday. Justice Mansoor Ali Shah, one of the judges on the bench, refused to be part of the bench after the government raised objections.
    The Attorney General of Pakistan (AGP), Mansoor Usman Awan, came to the rostrum at today’s hearing and imparted the government’s objections on including Justice Mansoor in the bench as one of the petitioners is related to him.
    “One of the petitioners is Justice Shah’s relative. Therefore, it may affect his conduct,” AGP Awan said.
    However, Chief Justice of Pakistan CJP Umar Atta Bandial said, “The bench will not be made according to your whims.” The CJP expressed anger by saying that the “government should not mock the judiciary.”

    Nonetheless, Justice Shah recused himself from the bench.

    Petitions against military trials have been filed by former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and former Prime Minister Imran Khan.

    At the first hearing of the case, Justice Qazi Faez Isa and Justice Sardar Tariq Masood left the bench after Justice Isa said he did not consider the SC bench “a proper court.”

  • Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    A six-member bench of the Supreme Court formed to deliberate on Justice Faez Isa’s order freezing all the suo moto notices, closed the case after a 5-minute hearing.

    The larger bench includes Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi.

    Earlier, Justice Isa, while hearing a case pertaining to the grant of additional 20 marks to Hafiz-e-Quran pre-medical candidates for admission into MBBS/BDS degrees, had issued an order to halt all suo moto hearings.

    Later, a circular was issued by the SC Registrar Ishrat Ali ‘disregarding’ the order, triggering controversy about whether a judicial order can be overruled by an administrative order.

    Regarding the matter, Justice Faez Isa asked the registrar to resign, followed by the federal government removing him from his post.

    The decision was taken during a special meeting of the federal cabinet — held under the chairmanship of Prime Minister Shehbaz Sharif — at the PM House in the federal capital.

    The cabinet examined the issue of issuance of a circular by the registrar against the order of the Supreme Court, a statement read, following which he was asked to report to the Establishment Division.

    On Monday, the brewing crisis in the SC dialed up a notch when Justice Qazi Faez Isa wrote a letter to the Registrar and asked him to immediately withdraw the circular that disregarded the judge’s judicial order about the postponement of suo moto proceedings.

    In his order dated March 29, Justice Isa had written that the Chief Justice of Pakistan does not arbitrary powers to form benches and list cases for hearings. “With respect, the Chief Justice cannot substitute his personal wisdom with that of the constitution,” the stern-worded document said.

    In the letter addressed to Ishrat Ali, the top judge said that he was astonished to receive a ‘Circular’ bearing No. Registrar/2023/SCJ dated 31 March 2023.

    He reminded the officer that “a registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.”

    He wrote that the registrar should be aware of his constitutional responsibility as a senior officer, advising him to leave the charge of the post. 

    Justice Isa is set to become the next chief justice later this year.

  • Imran Khan suspends Jail Bharo Tehreek, decides to prepare for elections

    Imran Khan suspends Jail Bharo Tehreek, decides to prepare for elections

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has announced to suspend his party’s Jail Bharo Tehreek (Voluntary Arrest Movement).

    Taking to Twitter, Khan said, “We welcome the Supreme Court (SC) judgement. It was responsibility of SC to uphold Constitution & they have valiantly done that through their judgement today. It is an assertion of Rule of Law in Pak.”

    “We are suspending our Jail Bharo movement & moving forward with election campaigns in KP & Punjab,” tweeted Khan.

    It is pertinent to mention here that the announcement comes right after Supreme Court of Pakistan has directed all relevant authorities to hold elections in Punjab and Khyber-Pakhtunkhwa (KP) within 90 days.

    Reading out the verdict reserved on Tuesday evening, Chief Justice Umar Ata Bandial said that the Election Commission of Pakistan (ECP) should suggest a date for polls to President Arif Alvi.

    “Elections must be held within 90 days of the dissolution of the assembly,” the verdict says, emphasizing that it was the constitutional responsibility of the Governor to announce an election date.

  • PPP, PML-N, JUI-F request SC to constitute full bench minus judges Ijaz ul Ahsan, Mazhar Naqvi

    PPP, PML-N, JUI-F request SC to constitute full bench minus judges Ijaz ul Ahsan, Mazhar Naqvi

    Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and Jamat-e-Ulema Islami-Fazl (JUI-F) on Saturday requested the Supreme Court (SC) to constitute a full bench to hear the suo moto proceedings of election date for Punjab and Khyber-Pakhtunkhwa (KP).

    However, as per their request, the three parties have asked that Justice Ijaz ul Ahsan & Justice Sayyed Mazahar Ali Akbar Naqvi are excluded from the full bench.

    PDM asks Justice Ahsan, Justice Naqvi to recuse themselves from SC bench

    Earlier, the Pakistan Democratic Movement (PDM) coalition government has on Friday asked Supreme Court’s Justice Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi to “recuse themselves” from a larger bench that is hearing suo motu

    The request was presented in a joint statement by the Pakistan People’s Party (PPP), Pakistan Muslim League-Nawaz (PML-N) and Jamat-e-Ulema Islami-Fazl (JUI-F), read by lawyer Farooq H Naek, on behalf of the three parties when the nine-member bench resumed the hearing of the suo motu notice today. 

    “All three political parties respectfully request that the two-member bench’s order of suo motu notice is available. Hence, both judges should not sit on the bench in the context of the provision of justice and fair trial,” Naek told the court.

    The PDM lawyer requested Justice Ijaz Ul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi to recuse themselves from the nine-member bench currently hearing the suo motu notice.

    Naek replied that he did not want to go into the details, adding that he also believed that the case should be heard by a full-court bench.

    At that, CJP Bandial said that the court will first discuss the admissibility of the request.

    Supreme Court raises questions on dissolution of Punjab and KP assemblies

    Justice Athar Minallah and Justice Mansoor Ali Shah of the Supreme Court (SC) on Thursday raised questions on the dissolution of Punjab and Khyber Pakhtunkhwa assemblies.

    Chief Justice of Pakistan (CJP) Umar Ata Bandial said that the SC will not tolerate the violation of the Constitution as the top court began its suo motu hearing to determine who has the constitutional responsibility to announce the date for elections of a provincial assembly.

    At the outset of the hearing, the court observed that the authority for giving the date of the elections after the dissolution of the assembly needs clarification.

    It stated that the Punjab and Khyber Pakhtunkhwa Assemblies were dissolved on January 14 and 17, respectively, and the elections have to be held in 90 days after the assembly dissolution under Article 224/2.

    The SC remarked that Punjab Governor Baligh ur Rehman says that he has not dissolved the provincial assembly on the chief minister’s advice.

    “It will be determined through the suo motu case that who has the authority to give the election date,” the court remarked.

    It said that the Election Commission of Pakistan (ECP) had also complained about not getting the funds for polling day.

    The Chief Justice observed that elaboration was needed on the issue of elections and assured all the parties that the court would listen to their arguments.

    “We have suspended our schedule for the next week so that we can hear this case,” CJP Bandial said.

    CJP Bandial said that the court will restrict itself to essential things, adding that the detailed hearing of the case will be held on Monday.

    CJP Bandial initiates suo motu action, constitutes nine-judge bench on Punjab, KP polls today

    A nine-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial will hear the suo motu notice of an apparent delay in the elections of Punjab and Khyber Pakhtunkhwa (KP) assemblies today (Thursday).

    CJP Bandial on Wednesday evening initiated a suo motu proceeding to determine who has the constitutional responsibility and authority to announce the date for elections for a provincial assembly.

    The bench, headed by CJP Bandial, will consist of Justice Ijaz ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Athar Minallah. The case will be taken up on Thursday (today) at 2pm.

    According to the apex court’s statement, the bench will assess who is eligible to issue the date for polls, the constitutional responsibility of the federation and provinces and who will fulfil the constitutional responsibility of conducting elections and when.

    “It is the government’s responsibility to conduct elections in Punjab and KP according to the Constitution,” the top court’s statement read.

    The Supreme Court added that the two provincial assemblies were dissolved on January 14 and 18, respectively. 

    “Under Article 224 (2), polls should be held within 90 days of the assembly dissolution. The Constitution mandates that polls be held within 90 days.”

    The Supreme Court had taken suo motu notice on Wednesday two days after President Dr Arif Alvi fixed April 9 as polling day for the provincial assemblies.

     

  • Balochistan Home Minister heads commission for recovering missing persons

    Balochistan Home Minister heads commission for recovering missing persons

    Balochistan Home Minister Mir Zia Ullah Langau has been appointed as the chairman of a commission that will look into the cases of missing persons.

    The commission will recover and investigate the cases of missing persons, provide legal assistance to the families of missing persons while also looking into the activities of these missing persons against the state.

    Earlier, the Balochistan home ministry formed a parliamentary commission on missing persons on the orders of the Balochistan High Court (BHC).

    It is pertinent to mention that the missing person commission received a total number of 9,133 complaints from the residents of Balochistan alone.

    Apart from this, Supreme Court (SC) was informed that overall 2,207 cases of missing persons are pending as of November 30, 2022.

    Prior to this, former Islamabad High Court (IHC) Chief Justice Athar Minallah instructed Prime Minister (PM) Shehbaz Sharif to ensure a resolution to the missing persons’ cases.

    The Premier assured the court that all-out efforts would be made to recover missing persons.

  • Zardari assures Shujaat that Hamza Shehbaz will not become CM Punjab again

    Zardari assures Shujaat that Hamza Shehbaz will not become CM Punjab again

    Pakistan People’s Party (PPP) co-chairman Asif Ali Zardari has asked Pakistan Muslim League-Quaid (PML-Q) President, Chaudhry Shujaat Hussain not to dissolve Punjab Assembly and assured him of a new setup, reports Geo News.

    Quoting sources, the report said that at a meeting that took place on Sunday, Zardari also assured the PML-Q president that Pakistan Muslim League-Nawaz (PML-N) leader Hamza Shehbaz will not be the Chief Minister (CM) of Punjab in the “new setup”.

    Meanwhile, Shujaat guaranteed the PPP co-chairman asked that he talk to the CM of Punjab Pervaiz Elahi about the dissolution of the assembly.

    Since the announcement of the possible dissolution of Punjab and KP assemblies by PTI chief Imran Khan, Zardari has been holding consultations about a possible no-confidence motion against the Chief Minister of Punjab.

    Meanwhile, CM Elahi said that he did not see elections taking place in the next four months, however, he has repeatedly said that he fully backs Khan’s decision about dissolving assemblies.

    In July, the Supreme Court (SC) removed Hamza Shehbaz as CM. At the time, the apex court struck down former Deputy Speaker Dost Muhammad Mazari’s ruling on Punjab chief minister’s election, declaring his “understanding and implementation” of Article 63A(1)(b) of the Constitution “incorrect and erroneous”.