Tag: Supreme Court

  • ‘Allegations on Lt Gen Faiz Hameed, if true, would undermine reputation of federal government, armed forces, ISI and Pakistan Rangers’: Supreme Court

    ‘Allegations on Lt Gen Faiz Hameed, if true, would undermine reputation of federal government, armed forces, ISI and Pakistan Rangers’: Supreme Court

    The Supreme Court of Pakistan has issued a written order addressing the allegations made by the Chief Executive Officer (CEO) of Top City-1 Housing Society against the former Director-General of Inter-Services Intelligence (ISI), Lt Gen (retd) Faiz Hameed.

    The Supreme Court observed that allegations leveled by the private housing society CEO against the former spy chief are of an “extremely serious nature” and would tarnish the reputation of the federal government if proven true.

    The observations come as the top court issued a written order for the November 8 hearing of the petition filed by Moeez Ahmed Khan against the former general.

    The three-member bench, led by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, alongside Justice Athar Minallah and Justice Aminuddin Khan, had disposed of the constitutional petition last week.

    The petitioner, Moeez Ahmed Khan, had alleged abduction by retired army officers, including Gen Faiz.

    The written order said: “The allegations are of an extremely serious nature, and if true, undoubtedly would undermine the reputation of the federal government, the armed forces, ISI and Pakistan Rangers, therefore, they cannot be left unattended.”

    The court noted that Moeez may have reservations that a complaint filed in the Ministry of Defence would not be entertained because the accused held senior positions in the armed forces.

    “However, the learned AAG (Additional Attorney General) has assured us that the complaint/grievance will be given due consideration, and we have no reason to doubt this statement made on behalf of the government of Pakistan,” the court noted in its order, adding that the apprehension of the applicant is “misplaced.”

    “Accordingly, if the applicant (Moeez Ahmed Khan) submits a complaint/grievance to the Ministry of Defence of the government of Pakistan, it shall be dealt with in accordance with law,” Chief Justice Isa observed as he disposed of the matter.

    Additionally, the order granted the applicant the liberty to explore other legal remedies as per the established legal procedures.

    The Petition

    As per the petition, on May 12, 2017, the Pakistan Rangers and officials of the ISI raided the office of Top City and Moeez’s residence and took away valuables, including gold and diamond ornaments and money, in connection with a purported terrorism case.

    “On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hamid. During the raid, valuables and records of our private housing society were stolen,” the petitioner had claimed.

    The petition further stated that Gen Hameed’s brother Sardar Najaf mediated and tried to resolve the issue. After his acquittal, the petition claimed, Gen Hameed contacted Moeez through the latter’s cousin — a brigadier in the army — to arrange a meeting.

    The petition claimed that during the meeting, Gen Hameed told the petitioner that he would return some of the items taken away during the raid except for 400 tola gold and cash.

    The petition claimed that retired brigadier Naeem Fakhar and retired brigadier Ghaffar of the ISI allegedly “forced” the petitioner to “pay 4 crores in cash” and “sponsor a private AAP TV network for a few months”.

    As per the petition, former ISI officials Irtaza Haroon, Sardar Najaf, Wasim Tabish, Zahid Mehmood Malik, and Mohammad Munir were also “involved in the illegal takeover of the housing society”.

  • Supreme Court fines Punjab govt Rs10 Lacs for wasting its time

    Supreme Court fines Punjab govt Rs10 Lacs for wasting its time

    The Supreme Court of Pakistan has imposed a fine of ten lacs (Rs1 million) on the Punjab government for wasting its time by filing a frivolous case, ordering the administration to pay the money to the owner of the land they used without permission.

    The three-membered bench headed by Chief Justice Qazi Faez Isa dismissed the provincial government’s appeal filed against the verdicts of an appellate court along with the high court in favour of the land owner.

    The case was about a piece of land that the Punjab government constructed a road on in Gujranwala in 2007. The nine-marlas were never paid for. Liaqat Ali, the affected man, took to court, challenging the government and both lower courts decided in his favour.

    In the hearing on Monday, the Chief Justice questioned how the state built a road on the land without the permission of its owner and without paying him. “Neither the owner had gifted his land for construction of the road nor the state had acquired the said land,” Justice Qazi Faez Isa remarked and asked the Additional Advocate General Punjab as to why he had filed such a frivolous application in the court. “Is it our job to teach the provincial law officer the constitution,” the CJP reproached.

  • Senate passed resolution against Supreme Court decision on civilian trials in military courts

    The Senate of Pakistan passed a resolution on Monday against the Supreme Court’s decision on civilians’ trial in the military courts, urging that the implementation of the judgment be stopped “unless it is considered by a larger bench.”

    A five member bench of Supreme Court (SC) last month unanimously declared civilians’ trial in military courts null and void.

    “Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.

    Independent Senator Dilawar Khan from Khyber Pakhtunkhwa (KP) moved the resolution on Monday, stating that the decision is legally flawed as the larger bench did not announce the verdict and should not be implemented.
    The resolution observed with “apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities”.

    “The Senate of Pakistan calls upon the apex court to reconsider its decision, urging alignment with the national security paradigm and sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation.”

  • Imran Khan challenges indictment in Supreme Court

    Imran Khan challenges indictment in Supreme Court

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has challenged his indictment in the cipher case in the Supreme Court (SC) on Wednesday.
    The former prime minister approached the SC through his counsel Hamid Khan, urging the top court to declare illegal the Islamabad High Court’s (IHC) decision to withhold the indictment.

    He had previously argued his case before the Supreme Court, claiming that he was being unfairly targeted for political reasons. The former prime minister further asserted that government machinery is being used to fabricate false charges against him.

    This is the second petition the PTI chief has filed in the Supreme Court related to the cipher case.

    Last week, Imran Khan submitted a request to the Supreme Court for post-arrest bail in the cipher case.
    Imran and party’s vice chairman Shah Mehmood Qureshi are currently in Adiala jail.

  • Was General (retd) Faiz Hameed part of ‘Qabza Mafia’?

    Was General (retd) Faiz Hameed part of ‘Qabza Mafia’?

    The Supreme Court of Pakistan has rejected a petition against former Inter-Services Intelligence (ISI) chief Lt Gen (retd) Faiz Hameed, accusing him of land grabbing.

    During a hearing on a human rights case against the former Director General of the Inter-Services Intelligence (ISI), a three-judge bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the plea.

    Disposing of the petition, the Supreme Court told the petitioner that he had other relevant forums to approach.

    “The Supreme Court has disposed of the petition without discussing the merits of the case,” it added.

    The additional attorney general said that the petitioner can refer to the Ministry of Defence and retired military officers can also be court-martialled, said the top court.

    Justice Athar Minallah emphasized the distinction between the human rights cell and the Supreme Court, stating that the cell lacked legal authority or status.

    The petitioner’s claims centered on the alleged illegal actions of the former spy chief, which were purportedly aimed at gaining control of a housing project.

    The petitioner urged the federal government to take action against Lt Gen (retd) Faiz Hameed and requested the court’s permission to present evidence for his arguments.

    CJP Isa noted the seriousness of the allegations and inquired whether the petitioner would appear in the case personally or through a lawyer.

    The petitioner mentioned that he had recently engaged a lawyer and requested an adjournment to prepare.

    However, CJP Isa remarked that the court will not order an adjournment and instructed the counsel to prepare for the case.

    The Supreme Court ultimately directed the petitioner to seek other appropriate forums for their grievance.

    The court also mentioned the option of approaching the Defense Ministry in the case of allegations against a retired army officer.

    The Petition

    A housing society’s CEO filed a petition with the human rights cell (HRC) of the Supreme Court seeking action against former Inter-Services Intelligence (ISI) director general Lt Gen (retd) Faiz Hameed over alleged land grabbing and stealing valuables.

    “On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hameed. During the raid, valuables and records of our private housing society were stolen,” said the petitioner Moeez Ahmed Khan.

    In his petition, Khan said that the purpose of illegal proceedings against him was to take control of TopCity-1, a housing society located at Srinagar Highway in Islamabad.

    “After the raid, I along with my five other colleagues were kept in confinement. The federal government should take action against Gen (Rtd) Faiz Hameed, his brother Najaf, and others,” said the petitioner.

  • Fearing Taliban, Afghan singers go to Court against deportation

    Fearing Taliban, Afghan singers go to Court against deportation

    Fearing persecution In Taliban’s Afghanistan, Afghan singers residing in Pakistan have filed a plea against the government’s deportation plan in Peshawar High Court. The three petitioners are Hashmatullah Omed, Rafi Hanif, and Hameed Shahdai, accompanied by a large number of Afghan singers and musicians who are claiming that they have lived in Pakistan for years as refugees.

    The bench at the PHC consists of Justice Abdul Shakoor and Justice Syed Arshad Ali. It directed the deputy attorney general Hazrat Said to file a reply on behalf of the federal government to the petition filed by the singers.

    The petitioners’ counsel, Mumtaz Ahmad, informed the court that almost four identical petitions had been filed before the Supreme Court of Pakistan against the forced repatriation of Afghans. He also suggested that it would be appropriate for the high court to wait for the outcome of those petitions in the top court and to decide the instant plea in light of that decision. The traditionally conservative Taliban government has inadvertently forced these artists to take refuge in Pakistan with their families like many others. They are registered by the UN refugee agency, given a token number, and their cases are under process. They requested the court to issue directives to the government to allow them to live unbothered with their refugee status in Pakistan.

    The same question was asked to Sarfraz Bugti, interim Interior Minister of Pakistan, to which he responded that such individuals need to opt for a proper procedure of asylum.

    The government, however, is in no mood to retract their decision. In a recent statement made by an official in an interview with the Tribune, it was reiterated that the aim is to repatriate all the illegal Afghans- almost 1.7 million in a year. Certain people will be allowed to stay in Pakistan before their settlement in USA, UK, and Canada only on the request made by these countries who have promised asylum to these Afghans. They have been informed by Pakistan to speed up the process.

  • He’s gone, but Supreme Court to decide death penalty case against Musharraf

    He’s gone, but Supreme Court to decide death penalty case against Musharraf

    The Supreme Court of Pakistan is set to begin hearing a series of appeals on November 10, including those filed by the late former President, retired General Pervez Musharraf, in an attempt to overturn his death sentence, as per Dawn.

    A four-judge bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, along with Justice Syed Mansoor Ali Shah, Justice Aminud Din Khan, and Justice Athar Minallah, will preside over the hearings.

    Represented by his counsel Salman Safdar, the late General filed an appeal requesting the annulment of the conviction, citing a trial process that was conducted in violation of the Constitution and the Code of Criminal Procedure (CrPC) 1898.

    The appeal seeks a suspension of the judgment in the interest of justice and fair play.

    The petition highlights Musharraf’s military career and claims that the trial for a constitutional crime was conducted in an unconstitutional manner.

    In a separate development, the Sindh High Court Bar Association contested the Lahore High Court’s decision on January 13, 2020, which deemed the Special Court’s decision unconstitutional.

    The association has appealed to the Supreme Court to reinstate the conviction for subverting the Constitution.

    Presented by counsel Rasheed A. Razvi, the appeal argues that the high court’s verdict is legally flawed, alleging a misinterpretation of evidence and failure to appreciate the material presented by the prosecution during the trial.

    Additionally, the appeal asserts that the high court neglected to acknowledge that the material presented by the prosecution before the Special Court was not denied by Gen Musharraf at any stage of the case.

    It further argues that the verdict contradicts established principles of the Qanoon-e-Shahadat Order, stating that unchallenged facts are deemed admitted by the parties and do not require further proof.

    The petition asserts that the high court’s decision contradicts the precedent set by superior courts and the Supreme Court, referencing the 2019 Lahore High Court Bar Association case.

    A special court in Islamabad found former military ruler retired Gen Pervez Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution on December 17, 2019.

    This was the first time in Pakistan’s history that a military chief has been declared guilty of high treason and handed a death sentence. The verdict was split 2-1.

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

    The three-member bench of the special court was headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC).

  • How politicians are reacting to election date

    How politicians are reacting to election date

    The Election Commission of Pakistan (ECP) told the Supreme Court of Pakistan (SC) that general elections will take place on February 11, 2024. Different political leaders of multiple political parties reacted to the announcement of election date.

    Pakistan People’s Party (PPP) senior leader Qamar Zaman Kaira told SAMMA TV that the announcement of the election date has helped to end uncertainty in Pakistan politics.

    “The date announcement was necessary so political parties could start the political process. In fact, the PPP has launched the electoral campaign process. Let’s end the uncertainty,” Kaira said.

    Pakistan Tehreek-e-Insaf (PTI) lawyer, Barristor Syed Ali Zafar, said in a tweet that, “Supreme Court has said once date of election given it will be written in stone and shall not be changed. After the meeting between President and ECP, the date will be announced hopefully today. This could be a historic and game changing decision by SC. Constitution is supreme.”

    On the other hand, the Pakistan Muslim League-Nawaz (PML-N) declared the announcement of election’s date a good development.

    PML-N leader Muhammad Zubair said that it’s a good thing that ECP is conducting elections on February 11, 2024.

    “There was uncertainty related to the election in the country. It is written very clearly in the constitution regarding the election,” he said.

    Jamiat Ulama-e-Islam (JUI-F) leader Hafiz Hamdullah also said that his party is ready for elections. “Now the ECP has told the apex court that elections will be held on February 11,” he added.

    Muttahida Qaumi Movement-Pakistan (MQM-P) also stated that conducting elections is a responsibility of ECP. MQM-P’s leader, Amin ul Haq, said that the election date announcement is a good omen and would take the country ahead.

  • Zardari Accountability Court mein hazir hon

    Zardari Accountability Court mein hazir hon

    Former president and Pakistan Peoples Party (PPP) co-chairman Asif Ali Zardari has been summoned by an accountability court in Islamabad in connection with the Thatta water supply case.

    The court, headed by Judge Mohammad Bashir, has also summoned several other individuals, including Ijaz Ahmed Khan, former secretary to the Sindh government, Hassan Ally Memon, former head of the committee responsible for procurements related to the water supply scheme, Khawaja Abdul Ghani Majeed, CEO Omni Group, Menahel Majeed, spouse of Khawaja Abdul Ghani Majeed and others to appear on December 15.

    The case revolves around allegations of illegal contract awards to private contractors.

    Earlier this year, proceedings in the case had been halted due to changes in the National Accountability Ordinance (NAO).

    The case was among dozens of references transferred from accountability courts because of the amendments made in the National Accountability Ordinance (NAO) by the PDM coalition government headed by then-prime minister Shehbaz Sharif.

    These amendments were struck down by the Supreme Court on September 15.

    This development comes as the latest in a series of legal battles for Zardari, who was indicted in the water supply reference back in October 2020, as part of the broader fake bank accounts case.

    The reference specifically focuses on the alleged award of a contract by the special initiative department for the Thatta water supply scheme to a private contractor.

    The accountability court has directed the National Accountability Bureau (NAB) to ensure the reference is properly presented before the appropriate forum.

  • Chief Justice calls meeting of Supreme Judicial Council

    Chief Justice calls meeting of Supreme Judicial Council

    The Chief Justice of Pakistan, Qazi Faez Isa, has called a meeting of the Supreme Judicial Council (SJC) on Friday at 11.30 a.m. as per Maryam Nawaz of Geo News.

    The meeting will focus on addressing complaints lodged against several high-ranking judges, including Justice Sayyed Mazahar Ali Akbar Naqvi.

    Notably, this will mark the first SJC meeting under the leadership of CJP Isa, following a gap of over three years since the previous moot. The council, chaired by CJP Isa, includes two other senior judges of the highest court, namely Justice Tariq Masood and Justice Ijaz Ul Ahsan.

    The SJC holds the exclusive authority to dismiss judges from superior courts based on various charges.

    Apart from Justice Naqvi, there have been grievances filed against other judges of the superior court.

    The primary agenda for tomorrow’s meeting is likely to be the consideration of a complaint against Justice Naqvi.

    Justice Masood, senior judge of the Supreme Court and member of SJC, had submitted his legal opinion on the misconduct complaints filed against apex court Justice Naqvi in September this year, according to The News.

    Several misconduct complaints were filed against Justice Naqvi during the tenure of former chief justice Umar Ata Bandial who referred the matter to Justice Tariq Masood for examination and legal opinion.

    Initially, the misconduct complaint against Justice Naqvi was filed with the SJC by a Lahore-based lawyer Muhammad Dawood. Later on, Pakistan Bar Council (PBC) also announced that they were going to file a complaint against the senior judge.

    PBC Vice Chairman Haroon Rashid lodged a misconduct complaint against Justice Naqvi after an audio leak implied discussions regarding the manipulation of a case before a specific bench or judge, involving former Punjab chief minister Pervaiz Elahi.

    Earlier this year, in April, senior judges of the Supreme Court, Justice Isa and Justice Masood, had urged former CJP Bandial to convene an SJC meeting to address the misconduct complaints against Justice Naqvi.

    In a joint letter to all SJC members, the judges emphasized the importance of ensuring the impartial investigation of the complaints to uphold the judiciary’s integrity and the judge’s reputation.