Tag: Supreme court of Pakistan

  • Asad Qaiser summons NA session on March 25, Opposition calls for trial of Speaker under Article 6

    Asad Qaiser summons NA session on March 25, Opposition calls for trial of Speaker under Article 6

    National Assembly (NA) Speaker Asad Qaiser has summoned a session of the lower house of parliament on March 25. The NA session will be held at the Parliament House on Friday at 11am. The 14-day constitutional deadline to convene the NA session on the Opposition’s requisition will expire on March 21 (today).

    Sources told the media that the session will offer fateha for PTI MNA Haji Khayal Zaman who recently passed away, after which the Speaker has the “discretionary power” to continue or adjourn the session.

    Opposition parties on Sunday slammed Qaiser for not convening the assembly session within 14 days of its requisition, demanding that he should be tried under Article 6 of the Constitution.

    Pakistan People’s Party (PPP) Chairperson Bilawal Bhutto-Zardari expressed hope that the Supreme Court would take notice of the violation of the Constitution by the Speaker.

    “This coward captain [the PM] is running away from the vote of no confidence. He is escaping to the extent that he has made the speaker abrogate the Constitution,” said Bilawal.

    Article 6 of the Constitution of the Islamic Republic of Pakistan states, “Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.”

    The second clause adds that any person aiding, abetting, or collaborating in the acts will also be considered guilty of high treason.

    Clause 2A says that an act of high treason cannot be validated by any court, including the Supreme Court (SC) and a High Court.”

  • CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    CJP Bandial to hear petition seeking SC’s involvement to prevent ‘anarchic situation’ ahead of no-trust vote

    The Supreme Court of Pakistan (SCP) will shortly begin hearing a petition filed by the Supreme Court Bar Association (SCBA), urging the court to direct a peaceful execution of proceedings for the no-confidence vote in the National Assembly against Prime Minister (PM) Imran Khan.

    A two-judge bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial and Justice Munib Akhtar are scheduled to start hearing the petition at 1pm on Saturday.

    The plea filed by SCBA with the Supreme Court on Thursday said that circumstances involving a confrontation between the government and the opposition could trigger an “anarchic situation” in the country.

    “It is evident from the political history of our country that preventing the constitutional process from taking its course has produced dire consequence for democracy and rule of law,”said the petition.

    The SCBA sought the court’s directions for all state functionaries “to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law”.

  • Supreme Court orders to open Monal restaurant in Islamabad

    Supreme Court orders to open Monal restaurant in Islamabad

    The Supreme Court of Pakistan has ordered to reopen Monal restaurant in Islamabad and suspended the previous order by the Islamabad High Court (IHC).

    At the hearing on Tuesday, Judge Mazahir Naqvi suspended the IHC order which was issued to close down the popular eatery spot.

    The judge asked angrily, “What is this monarchy?”

    “How can the orders be implemented before the documents were even signed,” he asked.

    The restaurant lawyer, Makhdoom Ali Khan, raised the point in the last hearing that the eatery spot was closed down before written documents were issued by the high court.

    He argued that the legal dispute between the Monal and Capital Development Authority (CDA) is still ongoing in civil court.

    He continued that the IHC announced the verdict without recording evidence. Monal restaurant was not even involved as a party in the case.

    On January 11, IHC ordered Islamabad’s Chief Commissioner to seal the Monal Restaurant in Margalla Hills National Park and Navy Golf Course after hearing a case against encroachments.

  • Supreme Court allows government to continue Ravi riverfront project

    Supreme Court allows government to continue Ravi riverfront project

    The Supreme Court (SC) on Monday suspended the ruling of the Lahore High Court (LHC) in the Ravi Urban Development Plan case and allowed the Punjab government to continue work on the project, reports The Express Tribune.

    The bench was hearing appeals against the annulment of the project, earlier declared “unconstitutional” by the Lahore High Court (LHC) on January 25 as the project lacked a master plan.

    The court allowed the provincial government to continue construction activity on plots of land for which dues have been cleared. However, the apex court restricted the Punjab government from continuing construction activity on plots for which dues are still pending.

    During today’s hearing, notices were also issued to the respondents in the case and stated that a review will be done to determine if it constitutes an intra-court appeal. If it is an intra-court appeal, the case will be referred back to the LHC, added to the bench.

    Earlier in the hearing, the apex court reprimanded the legal team of the Punjab government for appearing before the bench in the case unprepared.

    “You do not know what the case is?” asked Justice Ijazul Ahsan when AGP Owais was unable to answer the question. “It seems that you have not prepared.”

    The Punjab AGP replied that the provincial government was not a party to the case in the high court’s verdict. “Not being party to one of 18 petitions does not matter,” Justice Ahsan remarked, adding that the Punjab government had presented its position in the high court.

    The petitions were against the public hearing of the environment agency, AGP Punjab stated further.

    The justice replied that according to the records, acquisition of lands for the project was also challenged and added that the provincial government’s legal team should not misrepresent in court.

    Last week, Prime Minister (PM) Imran Khan said that the government would move to the Supreme Court after LHC nullified the Ravi Urban Development Project.

    The prime minister during his visit to Rakh Jhok forest said that the case would be presented in a better manner to appraise the court about the significance of the project in view of urban development and civic facilities, further saying that the case was not presented correctly in LHC.

  • ‘No evidence that Nawaz Sharif’s medical reports were fake’: Attorney-General of Pakistan

    ‘No evidence that Nawaz Sharif’s medical reports were fake’: Attorney-General of Pakistan

    Attorney-General of Pakistan (AGP) Barrister Khalid Javed Khan has said that there is no evidence to support that Nawaz Sharif’s medical reports are fake.

    Speaking on Geo News show ‘Aaj Shahzeb Khanzada Kay Sath’, the AGP Javed said they do not want to initiate contempt of court proceedings against Shehbaz Sharif over the subject of Nawaz Sharif’s return. Instead, he said, they want the situation to be settled amicably.

    AGP Khalid Javed said that Punjab Health Minister Dr Yasmin Rashid too said that the medical reports of Nawaz Sharif were not fake.

    AGP said that he is waiting for a decision made by the medical board constituted to further comment on the reports. Until they don’t submit an authentic and comprehensive report, he will wait.

    He also said that he has requested Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif to cooperate and submit Nawaz’s recent medical reports so that the due proceedings can happen. He also said that the medical board will then examine Nawaz’s reports once again and will plan out further accordingly.

    Earlier this week, the AGP had written a letter to the Leader of the Opposition in the National Assembly Shehbaz Sharif to bring back his brother Nawaz Sharif to Pakistan.

    The AGP had instructed Shehbaz to submit Nawaz’s medical reports within the next 10 days. In case he fails to do so, contempt of court petition will be filed against Shahbaz, he had said.

    Federal Minister for Planning, Development, and Special Initiatives Asad Umar had previously revealed that it was “100 per cent Imran Khan’s decision” to send the former PM to London for his medical treatment. “This was first discussed in a cabinet meeting,” he said, adding that the decision was entirely made by the prime minister and the premier did not say that the decision was not his. 

  • SCBA president files petition against lifetime disqualification in SC

    SCBA president files petition against lifetime disqualification in SC

    President Supreme Court Bar Association (SCBA) Mohammad Ahsan Bhoon on Thursday filed a petition against the lifelong disqualification of lawmakers and said that such a law without the right to appeal is unjust.

    The petition asks the Supreme Court (SC) to rule that the declaration by a court of law under Article 62(1)(f) only applies to the election under question, and does not entail a perpetual or lifetime bar on contesting future elections, reports Dawn.

    The petition argues that the lack of clarity regarding the procedure for a declaration under Article 62(1)(f) continues to pose an obstacle to the constitutional protection of citizens under Article 17(2), which allows citizens to form or become a member of any political party.

    It is pertinent to mention here that the result of this petition can affect the outcome of SC verdicts disqualifying former prime minister and Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif, as well as Pakistan Tehreek-e-Insaf’s (PTI) disgruntled leader Jahangir Tareen.

    The two were disqualified as lawmakers in judgements rendered in the Panama Papers case on July 28, 2017, and the Hanif Abbasi case on Dec 15, 2017, respectively.

    The contents of the petition said that the principle of lifetime disqualification should only be applied to electoral disputes. Under Article 184/3 of the Constitution, the SC cannot act as a trial court and there is no right to appeal against the decisions made by the apex court, which contradicts the principles of justice.

    The petition said that the lifelong disqualification without the right to appeal is unjust to the voters. 

  • Judicial history made, Justice Ayesha officially elevated to Supreme Court

    Judicial history made, Justice Ayesha officially elevated to Supreme Court

    President Arif Alvi on Friday gave final approval to the elevation of Lahore High Court Justice Ayesha Malik as a judge of the Supreme Court (SC).

    Justice Ayesha will make history as the first female Supreme Court judge in the judicial history of Pakistan. She will be sworn into office on Monday, January 24, and her tenure will begin immediately. Chief Justice of Pakistan Gulzar Ahmad will administer the oath to Malik.

    Her oath-taking ceremony will be held at the Supreme Court. Judges of the Supreme Court, the attorney-general of Pakistan, and the advocate general will be in attendance.

    The Judicial Commission of Pakistan had on January 7 approved the elevation with a vote of five for and four against after a heated discussion on whether judges should be appointed based on merit or seniority.

    It is pertinent to mention here that Justice Ayesha Malik is ranked fourth in the Lahore High Court in terms of seniority.

    Justice Ayesha Malik’s name came to fame after her landmark judgment against the ‘two-finger test’ or two-finger virginity test of sexual assault survivors.

  • Justice Ayesha Malik confirmed for Supreme Court Judge, needs President’s formal approval

    Justice Ayesha Malik confirmed for Supreme Court Judge, needs President’s formal approval

    The Parliamentary Committee on Wednesday confirmed the nomination of Justice Ayesha Malik to the Supreme Court (SC).

    Justice Malik only requires the president’s formal assent to become the first woman to be elevated to the country’s top court.

    Justice Malik will remain a judge of the Supreme Court until March 2031 and may even have a chance to become the first woman to hold the post of chief justice.

    After a session on January 6, the Judicial Commission of Pakistan (JCP) recommended Justice Malik’s name by a majority of five votes to four.

    Chief Justice Gulzar Ahmed, senior judge Justice Umar Ata Bandial, former judge Sarmad Jalal Osmany, Law Minister Barrister Farogh Naseem, and Attorney General Khalid Jawed Khan had supported Justice Malik’s candidature, while Justice Qazi Faez Isa, Justice Maqbool Baqar, Justice Sardar Tariq Masood and Pakistan Bar Council representative Akhtar Hussain opposed the selection.

  • ‘If law can apply to Nawaz Sharif, why not Imran Niazi?’ Shehbaz demands action against PM

    ‘If law can apply to Nawaz Sharif, why not Imran Niazi?’ Shehbaz demands action against PM

    Leader of the Opposition in the National Assembly (NA) Shehbaz Sharif on Friday demanded legal action and “daily court proceedings” against Prime Minister (PM) Imran Khan.

    In a series of statements shared by the party’s official Twitter account, “A person who hides facts, steals, and lies, cannot hold constitutional, governmental or political office,” said Shehbaz.

    Shehbaz asked, “if the law can apply to a popular leader like Nawaz Sharif, why not Imran Niazi?”

    “If a Panama Papers JIT can be formed against Nawaz Sharif, and can be overseen by the honourable judges of the Supreme Court (SC), then why can this not be done for Imran Niazi?” he further questioned.

     “Under the Constitution of Pakistan and its laws, “no thief can be a prime minister. Imran Niazi, who has been proven a thief and a liar under the law, must resign,” he added.

     

    The Pakistan Muslim League-Nawaz president demanded that a probe be initiated against PM Imran Khan and his case be heard on a daily basis — like against former prime minister Nawaz Sharif.

    He said equal treatment under the Constitution and law is a fundamental principle of Pakistan’s laws and one that must be fulfilled.

    “The Election Commission of Pakistan (ECP’s) scrutiny committee has charged Imran Niazi and his party under the law,” he said.

    The ruling Pakistan Tehreek-e-Insaf (PTI) hid 53 bank accounts and funds worth millions of rupees from the ECP.

    The report of an ECP scrutiny committee probing the party’s funds revealed the following details.

    The committee’s report showed that the PTI had only disclosed 12 out of its 65 accounts, which are registered with the State Bank of Pakistan (SBP).

  • Twitter welcomes first female Supreme Court Judge of Pakistan

    Twitter welcomes first female Supreme Court Judge of Pakistan

    History has been made as a divided Judicial Commission of Pakistan (JCP) approved the nomination of the first woman judge to join the Supreme Court (SC).

    Lahore High Court Justice Ayesha A. Malik’s nomination was secured by a majority of five to four during a heated JCP session that lasted nearly three-and-a-half hours, reports Dawn.

    She may even have a chance to become the first woman to be Chief Justice (CJ) of Pakistan. If she is elevated following approval from an eight-member bipartisan parliamentary committee, Justice Malik will remain a judge of the SC until 2031.

    The justice gave her landmark judgment back in June, when she had declared virginity tests for examination of sexual assault survivors “illegal and against the Constitution of Pakistan”. She was called upon as an expert witness in family law cases conducted in England and Australia involving issues of child custody, divorce, women’s rights, and constitutional protection for women in Pakistan.

    Following the news, congratulations are in order and people have shared their happiness on Twitter.