Tag: Supreme Court

  • 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.”

  • 102 people in army’s custody, AGP tells SC

    102 people in army’s custody, AGP tells SC

    Attorney General of Pakistan (AGP), Mansoor Usman Awan, has told the Supreme Court (SC) on Friday that 102 people are currently in the army’s custody for trials.

    A seven-member bench included Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Ma­­zahar Ali Akbar Naqvi and Justice Ayesha Malik hearing the petition.

    The AGP took to the rostrum in today’s hearing and told the seven member bench that 102 people are in the custody of the military, adding that no journalist or lawyer is included in the list.

    No minors or women are in the custody of the army, he added.

    Authorities had doubts about one of the people because his age is less than 18, and if his age is less than 18, he will be released, the AGP told the Supreme Court.

    A day earlier, the Chief Justice ignored a request for a stay order to stop the trial of civilians in the military courts by saying that it was not possible before listening to the AGP.

  • Female CJ of Peshawar High Court elevated to Supreme Court

    Female CJ of Peshawar High Court elevated to Supreme Court

    The Judicial Commission of Pakistan (JCP) took the united decision on Wednesday of elevating Peshawar High Court (PHC) Chief Justice Mussarat Hilali to the Supreme Court of Pakistan. The decision was taken in the Council’s meeting in Islamabad, chaired by Chief Justice of Pakistan Umar Atta Bandial.

    Earlier, the next Chief Justice, Qazi Faez Isa, suggested her name for elevation and afterwards, Chief Justice Umar Atta Bandial also agreed to the nomination of Justice Hilali.
    She will be the second woman judge of the Supreme Court after Justice Ayesha Malik who was appointed in January 2022 to the apex court. Mussarat Hilali is 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.

  • Request for including Imran Khan in Arshad Sharif’s Murder Case declared inadmissible

    Request for including Imran Khan in Arshad Sharif’s Murder Case declared inadmissible

    The Supreme Court of Pakistan (SCP) has discarded the petition of slain journalist Arshad Sharif’s mother to add Chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, head of ARY Salman Iqbal, former minister Murad Saeed, former minister Faisal Vawda and senior journalist Imran Riaz Khan to the investigation.

    The Supreme Court stated that the request of involving these persons can be made to Joint Investigation Team (JIT) instead.

    The Supreme Court has issued a written order, stating that the lawyer of Arshad Sharif’s mother had requested the court to conduct an investigation involving the aforementioned five people.
    The court dismissed the application, declaring it inadmissible and further stated that the request can be made to the JIT.
    The petition submitted by the lawyer also stated that it is a request to Supreme Court to order the chief of JIT to include these five persons in the investigation.

  • How can cases of civilians be tried under the Official Secrets Act: Peshawar High Court raises questions

    How can cases of civilians be tried under the Official Secrets Act: Peshawar High Court raises questions

    A division bench of Peshawar High Court (PHC) on Thursday heard petitions filed against trials in military courts of those accused of attacking military installations.

    The bench consisted of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah.

    “How can cases of civilians be tried under the Official Secrets Act,” Justice Ibrahim questioned during the hearing, adsing that the cases require interpretation of the constitution.

    The hearing has been adjourned till June 13.

    On Wednesday, Chief of Army Staff (COAS) General Asim Munir presided over the 81st Formation Commanders Conference at GHQ, which was attended by Corps Commanders, Principal Staff Officers and all Formation Commanders of Pakistan Army.

    The forum condemned the events of May 9, saying that “attackers of military installations would certainly be brought to justice speedily under the Pakistan Army Act and Official Secret Act which are the derivatives of the Constitution of Pakistan.”

  • Gender-based discrimination is also harassment, rules Supreme Court

    Gender-based discrimination is also harassment, rules Supreme Court

    The Supreme Court, while allowing review petitions against its July 5, 2021 judgment, said on Tuesday that harassment law does not apply just to sexual harassment but also addresses gender-based discrimination at the workplace.

    Justice Ayesha A. Malik issued a 14-page judgment in the harassment cases involving Pakistan Television (PTV) employee Nadia Naz. A three judge SC bench in 2021, passed the judgement that the petitioner failed to establish the case of sexual harassment within the contemplation of the Act.
    SC in its Tuesday judgment wrote, “Both the president [of the country] and the Islamabad High Court decided the case of [complainant] Nadia Naz on the understanding that harassment means sexual harassment having a sexual nature and form and did not examine the facts in the context of Nadia Naz’s perspective and her understanding of the injury caused.”
    “It includes a broad range of conduct and behaviour which results in workplace problems with serious consequences, one of the main being gender inequality.”

    “Being an issue grounded in equal opportunity and equal treatment of men and women in matters of employment, sexual harassment in any form violates the dignity of a person as it is a demeaning practice that aims to reduce the dignity of an employee who has been forced to endure such conduct,” read the judgment.

    “Sexual harassment as gender-based discrimination is gender-based hostility, which creates a hostile work environment. It is a reflection of the unequal power relations between men and women which translates into a form of abuse, exploitation and intimidation at the workplace which makes it a violation of a basic human right.”

  • Saqib Nisar son’s audio leak: ‘Who records these audios?’ IHC asks government

    Saqib Nisar son’s audio leak: ‘Who records these audios?’ IHC asks government

    Justice Babar Sattar of the Islamabad High Court on Wednesday heard a plea filed by Najam Saqib, son of former chief justice of Pakistan (CJP) Mian Saqib Nisar, against a special committee formed by the National Assembly speaker to probe into audio clips allegedly featuring his voice.

    During the hearing Babar Sattar asked the federal government, “Who records these audios?”, while suspending the summon notice issued to Najam by the special committee.

    “There is no relevant ministry in this matter, but we will do so,” Khosa said.

    “We only challenged that the speaker and the assembly do not have the authority to look into private matters. The petition does not challenge the matter which is pending in the Supreme Court,” said Latif Khosa, on behalf of the petitioner.

    “The audio leak is an alleged conversation between two private individuals that Parliament has no right to see,” he added.

    Sattar further said, “You have also been a governor. Tell me, who records these audios?”

    “Let the parties answer first, then everything will be clear,” Latif responded.

    On May 2, the National Assembly passed a motion demanding formation of a special parliamentary committee to investigate the audios, while on May 3, National Assembly Speaker Raja Pervaiz Ashraf constituted the committee.

  • Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Future Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa adjourned the hearing of a commission to investigate the audio leaks which allegedly involved senior judges and their families a day after CJP Umar Ata Bandial’s order to stop all proceedings.

    However, during the hearing today, Justice Isa, who was heading the commission, raised questions on the decision handed out yesterday.

    Commenting on one of the key issues raised in the petitions filed in the SC yesterday, the judge observed that privacy always belongs to the home.

    “One cannot peep into someone’s house; however, there are CCTV cameras on the streets, are they also against privacy?” he asked.

    He said that the commission was doing nothing that would be considered a breach of anyone’s privacy.

    Defending the commission, he said it should, at least, be determined who was releasing the audios and whether they were real or not.

    He further said that there is talk of giving money to a judge in an audio leak, but the investigation has been stopped.

    “It is written in the oath that I will perform my duties according to the constitution and law,” he said.

    “This inquiry commission has been formed under a law — the Commission of Inquiry Act,” he further remarked, adding that people have to do certain things in life that they do not like.

    Further adding that the judges have to conduct such “painful investigations”, he said: “If this commission was not allowed under oath, I would have excused myself.”

    After this, Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz attacked CJP Bandial for stopping the investigation of the audio leaks. It is pertinent to mention that one of the many audio leaks allegedly features Bandial’s mother-in-law talking to a Pakistan Tehreek-e-Insaf member’s wife.

    “Bandial deserves to be punished for making a mockery of the law and making a spectacle of the judiciary to save his family”, Maryam said in a tweet.

  • No audio leak commission: Supreme Court suspends govt notification

    No audio leak commission: Supreme Court suspends govt notification

    In a significant development, the Supreme Court issued an order on Friday, suspending the operation of the federal government’s notification regarding the constitution of a judicial panel to investigate audio leaks which included alleged calls made to judges or by their families, that have emerged on social media over the past few months.

    The top court also prohibited the commission from conducting further proceedings.

    Last week, the federal government formed the judicial commission to probe leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary”.

    The government said the audio leaks raised serious apprehensions about the independence of the judiciary in the public interest.

  • Shireen Mazari bids farewell to PTI and politics

    Shireen Mazari bids farewell to PTI and politics

    Pakistan Tehreek-e-Insaf (PTI) Senior Vice President Dr Shireen Mazari has announced that she is leaving the party and politics.

    During a short interaction with the media, the senior leader of the party unexpectedly called it quits, saying that she and her children went through a lot in the past few days because of her incarceration.

    She mentioned that her daughter, lawyer and activist Imaan Zainab Mazari-Hazir, went through a lot. The former minister also said that she is not in good health anymore.

    In the beginning of the presser, she pointedly condemned the violence on May 9 when supporters of PTI clashed with law enforcement agencies.

    “Not just May 9 and 10, but I have always condemned the violence on state symbols like GHQ, Parliament and Supreme Court,” she said.

    After the May 9 riots when PTI workers allegedly attacked military installations, many of the party’s senior leaders including Shireen were put in jail for inciting violence. Mazari was arrested several times in the past few days despite being given release orders by the court.

    Shireen also served as human rights minister during Imran Khan’s government till his ouster in April 2022. She joined the PTI in 2008 and since then has remained a vocal member of the party.