Tag: Supreme Court

  • Chief Justice sacrificed judiciary’s reputation for mother-in-law, says Maryam Nawaz

    While harshly criticizing the judges’ remarks in the audio leaks case, Maryam Nawaz said that the Chief Justice of Pakistan (CJ) Umar Atta Bandial has sacrificed the judiciary’s reputation for his mother-in-law.

    Taking to X ( formerly Twitter) on Friday, Maryam Nawaz wrote, “Umar Atta Bandial Sahib and like-minded people sacrificed the reputation of the judiciary for the sake of mother-in-law. Sorry”

    The Supreme Court of Pakistan has rejected the objections of the former Pakistan Democratic Movement (PDM) government against a five-member bench hearing the alleged audio leaks case.

    The five-member larger bench, led by the Chief Justice of Pakistan, Umar Atta Bandial, and comprising Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Syed Hassan Azhar Rizvi, and Justice Shahid Waheed, was formed earlier this year, in May.

    The PDM government had filed a civil miscellaneous application (CMA) to the top court, requesting that CJP Bandial, Justice Ahsan, and Justice Akhtar bow out from the five-member larger bench hearing the case.

    The short verdict announced by Justice Ahsan on Friday said that the objections of the PDM government against the judges were the same as an “attack on the independence of the judiciary”.

    The SC reserved its decision on the PDM government’s petition of June 6.

    The government, in its CMA, said: “Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar should not listen to the audio leak case,” the petition appealed, adding that the “three respected judges should refuse to sit in the five-member larger bench.”

    “In the circumstances, till the next date of hearing, the operation of the impugned notification No.SRO.596(I)/2023 dated 19.05.2023 issued by the Federal Government is suspended as is the order dated 22.05.2023 made by the Commission and in consequence thereof proceedings of the Commission are stayed”, Chief Justice Umer Ata Bandial had announced in a short order.

  • PM Kakar nahi jantay kisko mil rahi hai muft bijli?

    PM Kakar nahi jantay kisko mil rahi hai muft bijli?

    Interim Prime Minister Anwaar ul Haq Kakar recently gave a statement that only Wapda’s employees, including retired ones, get free electricity and there is no such facility available for anyone else including judges. This statement is factually incorrect.

    Truth is that not only utility bills (including electricity bills) of the serving judges of the Supreme Court and High Courts are paid by the government, but the retired ones also get free electricity of up to 2000 units a month in case of an ex-SC judge and 800 units a month in case of a former high court judge, as per Ansar Abbasi’s report for Geo news.

    Not only this, the president and prime minister also enjoy free utilities including free electricity without any limits but in the case of the ex-president, he is provided 2000 units a month of electricity at the cost of taxpayers’ money.

    President’s Salary, Allowance and Privileges Act, 1975 as amended in 2018 says in Section 7 that the actual charges for electricity and gas consumption shall be paid in each year to the president. After retirement, the president also gets gas to the extent of monthly consumption of 10 HM3 and water, all paid by taxpayers.

    Chairman of National Accountability Bureau (NAB) also enjoys similar facilities as those of a Supreme Court judge, including free electricity. There is no confirmation of what the prime minister has claimed about services’ chiefs.

    In October 2020, Justice Faez Isa and his wife released income tax and asset details in which it was clearly written that post-retirement benefits of a Supreme Court judge include 2000 units of electricity, 25 HM of gas, water and 300 litres of petrol per month.

    High Court Judges (Leave, pension, privileges) order 1997 not only talks about the payment by government for provision of electricity gas and water but also says in Section 28 that a judge on retirement and after his death, the spouse shall be entitled to certain benefits including 800 units of electricity per month as well as 25 HM3 of gas per month.

    All those quasi-judicial public offices including the offices of NAB chairman, federal ombudsman etc where retired judges, or retired civil servants are appointed, the residence utility bills are also paid from the public funds.

    According to a NAB document, “i) Chairman NAB shall be entitled without payment of rent to the use of a residence provided by the Government throughout his term of office maintained at Government expenses with all utilities to be paid on actual basis by the Government. ii) In case of non-availability of Government accommodation or the Chairman chooses to reside in a private residence, the expenses on maintenance and all utilities as per actual, will be paid by the Government, in addition to house rent allowance.”

  • Court throws out ECP review petition against May 14 election decision

    Court throws out ECP review petition against May 14 election decision

    The Supreme Court (SC) on Thursday threw out the review petition of the Election Commission of Pakistan (ECP) about the May 14 polls order, The News has reported.

    “The court will intervene whenever there is a constitutional violation,” Chief Justice Umar Ata Bandial said.

    In April 2023, a three-member bench of the apex court headed by CJP Bandial, comprising Justice Ijaz Ul Ahsan and Justice Munib Akhtar declared the decision of the ECP to hold elections on October 8 instead of April 30 “illegal” and directed the ECP to hold elections in Punjab on May 14.

    In its 14-page petition, ECP said that the apex court should review its decision as the court “doesn’t have the authority to give the date of elections”.

    “Such powers exist elsewhere under the Constitution but certainly not lie in a court of law,” the ECP had said, citing various legalities and reasons behind its statement.

  • ‘Weakened arm muscles’; Bushra Bibi requests court to ensure Imran’s safety in jail

    ‘Weakened arm muscles’; Bushra Bibi requests court to ensure Imran’s safety in jail

    Bushra Bibi, the wife of former prime minister Imran Khan, has submitted an affidavit to the Supreme Court (SC) on Friday, requesting the court to address the conditions in which her husband is incarcerated in at Attock Jail.

    After meeting with her husband on August 22, Bushra Bibi submitted the affidavit to the court through advocate Hamid Khan.

    In her affidavit, she raised questions about Imran Khan’s health, stating that there are evident signs of drastic weight loss and weakened arm muscles.

    She also expressed concerns that her husband’s life is at risk because of his age of 70, requesting immediate action to ensure Imran Khan’s safety.

  • SC strikes down Review of Judgement law two days after NA dissolution

    SC strikes down Review of Judgement law two days after NA dissolution

    The Supreme Court (Review of Judgments and Orders) Act 2023 was declared “unconstitutional” by the apex court’s unanimous decision on Friday, just two days after the National Assembly was dissolved.

    The law was interpreted by some legal analysts as a way back into active politics for former Prime Minister Nawaz Sharif and Jahangir Khan Tareen.

    Both Nawaz Sharif and Jahangir Tareen were disqualified under Article 62 of the Constitution. After today’s decision, both politicians can’t challenge their disqualification in the apex court.

    Chief Justice Umar Ata Bandial headed the three-member bench, comprising Justice Ijazul Ahsan and Justice Munib Akhtar. The bench announced the decision today (Friday) after six hearings dating from June 7 to June 19.

    During the hearing of the case, Pakistan’s Attorney General (AGP), Mansoor Usman Awan, requested that the court rejects pleas against the law. On the other hand, Pakistan Tehreek-e-Insaf (PTI) lawyer Ali Zafar, said that changes in the court’s power were not possible only through legislation but also required constitutional amendments.

    The CJP read out the verdict while the AGP and other lawyers were present in court.

    CJP Umar Atta Bandial said that the Supreme Court Review Act is “unconstitutional”. He further added that the detailed order would be issued later.

    The detailed 87-page long order said, “repugnant to and ultra vires the Constitution, being beyond the legislative competence of the Parliament.”

    It is also mentioned in the order that “It is accordingly struck down as null and void and of no legal effect”.

    Hamid Mir has also said that “From the timing of the decesion, it seems that Nawaz Sharif has been targeted”.

  • SC refuses Khan’s plea to pause trial court proceedings in the Toshakhana case

    SC refuses Khan’s plea to pause trial court proceedings in the Toshakhana case

    The Supreme Court (SC) rejected former Prime Minister Imran Khan’s petition on Wednesday to pause trial court proceedings in the Toshakhana case.

    The former prime minister went to the apex court when he didn’t get relief from the Islamabad High Court (IHC) in the Toshakhana case.

    Last year, on October 21, the Election Commission of Pakistan (ECP) disqualified Imran Khan in the Toshakhana case for making “false statements and incorrect declarations.”

    The trial court said on July 8 that ECP’s plea is defensible and further proceeded against the former Prime Minister Imran Khan. After that, Imran Khan approached the SC for relief.

    A two-member SC bench heard the case today. Justice Yahya Afridi remarked that the SC will not interfere in the matters of the trial court.

    He further said that it’s not within the SC’s jurisdiction to hear the petition while the case is already in the IHC.

    “Court’s jurisdiction is a major issue, it should be decided first,” the justice remarked.

  • Supreme Court will intervene if martial law-like situation happens

    Supreme Court will intervene if martial law-like situation happens

    If a martial law-like situation arises, then the Supreme Court will intervene, the apex court has said during a hearing on petitions against the trials of civilians in military courts.

    Chief Justice Umar Atta Bandial said that the present case is not related to the death penalty.

    Attorney General for Pakistan (AGP) Mansoor Usman Awan describes the procedure of military trials in court.

    A six-member larger bench headed by the Chief Justice of Pakistan, Umar Atta Bandial, is hearing the case. Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik are part of the larger bench.

    The AGP said in his arguments that incidents like May 9 have never happened in the history. He also mentioned that the faces of the people involved in May 9 riots are very clear.

    The Attorney General said that the court should adjourn further hearing for a month. In response, the chief justice said that the court will consult with each other and inform him about the next hearing date.

    Journalist Hasnaat Malik tweeted after the hearing, “So final fate of civilian’s trial in military courts will be decided during next CJP era. CJP Bandial wants stay in commencement of civilians trials till his retirement. He also made it clear that there is no martial law in the country”.

  • Practise and Procedure, civilian trials in military courts cases fixed for hearing

    Practise and Procedure, civilian trials in military courts cases fixed for hearing

    The Supreme Court has fixed hearings for the Practise and Procedure bill case as well as the civilian trial cases in military courts.

    The Supreme Court will hear the Practise and Procedure bill case on July 21. There is an injunction on the implementation of the law by the court until an announcement is made.

    An eight-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial will hear the case.

    Moreover, a petition against the trials of civilians in military courts has also been fixed for hearing on July 18.

    During the last hearing of the case pertaining to military courts, the CJP stressed the importance of maintaining high morale in the Army. He also said that any decline in morale could only benefit the enemy.

  • Justice Musarrat Hilali becomes second woman to take oath as Supreme Court Judge

    Justice Musarrat Hilali becomes second woman to take oath as Supreme Court Judge

    Justice Musarrat Hilali on Friday took oath as a judge of the Supreme Court of Pakistan, with Chief Justice Umar Ata Bandial administering the oath to the former Peshawar High Court head.

    She has become the second female judge to be appointed to the Supreme Court. After Hilali’s appointment the SC now has 16 judges in total.

    Earlier, a parliamentary committee had approved Justice Musarrat Hilali’s appointment as a justice of the apex court.

    Justice Ayesha Malik, appointed in January 2022 to the apex court, was the first female to become a judge of the Supreme Court. Mussarat Hilali was also the first female Chief Justice of PHC. She is the only woman on the bench since 2013.

    Justice Hilali also holds the honour of getting elected as the first woman executive member of Supreme Court Bar Association (SCBA) from 2007-2009.

  • Trials of civilians have not started yet in military courts, Supreme Court told

    Trials of civilians have not started yet in military courts, Supreme Court told

    Attorney General of Pakistan (AGP) Mansoor Usman Awan confirmed on Tuesday that military trials of civilians had not started yet.
    The AGP gave the statement during the fourth hearing of the petitions filed against the cases of civilians in military trials.

    During Monday’s hearing, Chief Justice of Pakistan (CJP) Umar Ata Bandial asked for reassurance from the AGP that no such trial will be tried until the case is heard in the court.

    The AGP confirmed that trials of civilians have not started yet.
    Earlier, Petitions against military trials were filed by former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and former Prime Minister Imran Khan.