Tag: Supreme Court

  • Audio leak: Chief Justice’s mother-in-law discusses martial law possibilities with PTI lawyer’s wife

    Audio leak: Chief Justice’s mother-in-law discusses martial law possibilities with PTI lawyer’s wife

    Amid the ongoing discussion on the controversial suo moto taken by Chief Justice of Pakistan (CJP) Umar Ata Bandial, an alleged audio leak of a call made by his mother-in-law Mahjabeen Noon has come to light.

    In an audio leak that surfaced on the internet on Sunday, Noon can be heard talking to Pakistan-e-Tehreek Insaf (PTI) lawyer Khawaja Tariq Rahim’s wife, Rafia Tariq, about her concerns regarding CJP Bandial’s safety. Tariq then assured her that the party is with the CJP as many people have been praying for him.

    The two women purportedly also discussed the possibility of martial law being imposed if early elections were not held in Punjab.

    The transcript of the audio is as follows:

    Mahjabeen: Hello Rafia, what is going to happen? I have been praying for Umar [Ata Bandial] since last night, I can’t tell you [how much I] have been praying since the morning.

    Rafia Tariq: I have told people as well and sent a message to Umar. I said that I was present at the Lahore rally. Hundreds of thousands people were there. Similarly, there are hundreds of thousands people in every city. And you just try to estimate how much the world is praying for you right now, which will [increase] your strength and your safety.

    Rafia Tariq: No no, his safety is a must.

    Mahjabeen: Weaken them and strengthen them.

    Rafia: May Allah make the others blind. That’s what I am saying. They are traitors of this country. Look at the way they are doing this.

    Mahjabeen: Exactly. But now they are saying why has he got the authority to do it.

    Rafia: No, but no, no, no.

    Mahjabeen: They are deliberately giving an advantage by putting other things there now.

    Rafia: There is no other thing.

    Mahjabeen: And also questioning why has suo motu been taken by him.

    Rafia: That’s his right.

    Mahjabeen: Umar hasn’t been given this right [suo motu], it had happened earlier.

    Rafia: No, but it’s the right of every chief justice. If you have to change the law then change them in your […vella] not at this time

    Mahjabeen: No, but they can’t change them now.

    Rafia: Not now. They can change it later but not now. The law is there.

    Mahjabeen: Law is there. Exactly.

    Rafia: Yeah. Exactly. [inaudible]

    Mahjabeen: [I told his wife and kids] You don’t come at all. You stay with Umar. He needs you at this moment.

    Rafia: No. Not even Naveen should come and I have told Iman that she should stay with her father all the time.

    Mahjabeen: Yeah, exactly.

    Rafia: At night, I… at night.. at night I sent something to them both, him and Muneeb. Do you know what he sent me [back]? The face that you make while biting the tongue. He was telling me to be careful. Why should I be careful? Why?

    Mahjabeen: May elections be held at the earliest.

    Rafia: Elections… see if they don’t happen then assume there will be martial law. They [govt] cannot stay that’s it.

    Mahjabeen: They are not even ready to impose martial law.

    Rafia: They are ready.

    The audio has sparked controversy in Pakistan, with many people including the general public expressing concern about the political and judicial implications of the alleged conversation.

    It is unclear at this time whether the audio is authentic or fabricated.

    Reactions by the politicians:

    Reacting to the alleged audio leak, PTI Senior Vice President Fawad Chaudhry said that his party has repeatedly asked the Supreme Court to look into the matter.

    Fawad, in his tweet, mentioned that “such illegal phone tapping is punishable by up to three years in prison under the fair trial law.”

    In a statement on Twitter, Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz expressed concern that decisions were being made based on the likes and dislikes of wives and mothers-in-law, rather than on the basis of the constitution and law.

  • Judges mein bol chaal khatam, ghar se iftariyaan waapis kardi, claims journalist

    Senior court reporter Hasnaat Malik has claimed that the differences between the Supreme Court (SC) judges have reached the point of no return.

    Speaking to Journalist Absa Komal on Dawn News programme ‘News Eye’, the journalist said, “Bol chaal khatam ho gai hai, iftariyaan bheji judges ne aik dosry ke ghar woh wapis kardi gai “(They aren’t on talking terms, the judges even returned iftaris which they sent to each other’s homes).

    Malik also revealed that arguments have also taken place in person between the senior judges and that consensus is impossible at the moment.

    Hasnaat Malik said that seven judges are on one side while the other eight are on another, pointing out that the fight is about absolute power given to the Chief Justice of Pakistan (CJP) Umar Ata Bandial as one side wants to regulate his authority.

    He said that as of yet CJP has unquestionable power in the SC and he can do whatever he wants in cases or matters related to benches.

    It is pertinent to mention that questions related to the supreme power given to CJP Bandial were raised when election suo moto was taken by him despite the opposition by many senior judges including the next CJP Justice Qazi Faez Isa. Since then it has been widely speculated that judges aren’t happy with CJP Bandial.

  • SC to hear defence ministry’s request to hold simultaneous elections across Pakistan

    SC to hear defence ministry’s request to hold simultaneous elections across Pakistan

    The Supreme Court (SC) will shortly hear a plea by the defence ministry to hold elections across Pakistan simultaneously.

    A three-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, comprising of Justice Ijaz Ul Ahsan and Justice Munib Akhtar, will take up the plea shortly.

    A day earlier, the ministry requested the apex court to withdraw the order for upcoming elections due to the fear of terrorist attacks on political campaigns.

    The ministry has submitted a sealed petition in the SC, requesting that the elections be held simultaneously across the country after the completion of the term of the National, Balochistan, and Sindh assemblies.

    It may be noted that this is the same bench that announced the April 4 verdict directing the government and the Election Commission of Pakistan (ECP) to hold snap polls in Punjab on May 14.

  • Citizen wants Supreme Court to remove President Alvi from office

    Citizen wants Supreme Court to remove President Alvi from office

    Chaudhry Muhammad Imtiaz has approached Supreme Court (SC) to seek the removal of President Dr Arif Alvi from his post.

    The citizen has said that Alvi is no longer eligible for the post of President and the top court should remove him from the post immediately.

    In a petition filed to the apex court, he further claimed that the president is from a political party and is biased.

    It further states that the president did not approve the Supreme Court Practice and Procedure Bill, 2023 on the directions of his party chief Imran Khan. He also refused to sign the NAB Amendment Bill and the Islamabad Local Government Act.

    Hence, his refusal to fulfill constitutional duties shows that he is not fit for the office of the president, the citizen said.

    Last month, the apex court dismissed a petition filed seeking Alvi’s disqualification.

    At the time, the petitioner argued that the country is currently in crisis due to the appointment of an unqualified person as president.

  • Pervez Ashraf warns Supreme Court not to interfere in politics

    Pervez Ashraf warns Supreme Court not to interfere in politics

    Speaker of the National Assembly (NA) Raja Pervez Ashraf has taken a strong stance against what he has termed “interference” by the Supreme Court in the affairs of the parliament.

    In an interview, the Speaker said that if the Parliament is restricted to legislating only what the Supreme Court wants, then what is the need for elections.

    Ashraf said that “[the superior judiciary] should take over the legislative business if parliament’s lawmaking authority is unacceptable.”

    He also warned the top court against intruding in the parliament’s domain, saying “others will also try to enter your domain”.

    He asserted that parliamentarians themselves should resolve all political matters in the parliament or at any other forum on their own.

    Referring to alleged differences between Supreme Court judges, the former Prime Minister (PM) said: “Division in politics is necessary, but division in Supreme Court is dangerous.” He said the Supreme Court can’t function if it is divided.

  • Govt vs Supreme Court: Ruling alliance rejects ‘controversial’ bench constituted to hear pleas on SC bill

    Govt vs Supreme Court: Ruling alliance rejects ‘controversial’ bench constituted to hear pleas on SC bill

    The ruling alliance on Thursday rejected the eight-member bench constituted earlier in the day to hear petitions challenging the Supreme Court (Practice and Procedure) Bill 2023.

    In a harshly worded statement, the coalition government vowed to resist attempts to remove parliament’s authority and interfere in its constitutional scope. The ruling parties further said, “such a move was never seen in the history of Pakistan and the Supreme Court”.

    The statement mentioned that top court judges — Justice Faez Isa and Justice Aminuddin Khan  — had in their earlier judgments openly expressed their objection to the “one-man show”, biased and dictatorial behaviour and the formation of special benches, while criticising the unchecked powers the Chief Justice of the apex court holds.

    “The constitution of the controversial bench in haste and fixing the bill for hearing, apart from the will and intent, also clearly expresses the decision to come, which is sad and tantamount to murder of justice,” the ruling alliance maintained.

    “With the formation of the eight-member controversial bench, the facts stated in the judgments of these honourable judges have become clearer,” the statement read.

    “The constitution of the controversial bench in haste and fixing the bill for hearing, apart from the will and intent, also clearly expresses the decision to come which is sad and tantamount to murder of justice,” the ruling alliance maintained.

    The bench set to hear plea against the bill comprises of Chief Justice of Pakistan Umar Ata Bnadial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Mohammad Ali Mazhar, Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed.

    The Supreme Court (Practice and Procedure) Bill 2023, is aimed at depriving the office of the CJP of powers to take suo motu notice in an individual capacity. It was initially passed by both houses of parliament and sent to the president for his assent. However, President Dr Arif Alvi had sent it back, saying that the proposed law travelled “beyond the competence of parliament”.

    The formation of the bench was met with surprise from the legal fraternity as the bill is yet to become law.

  • Cabinet approves bill seeking parliament validation for election funds

    Cabinet approves bill seeking parliament validation for election funds

    The federal cabinet on Monday approved a summary prepared by the Ministry of Finance seeking to release funds for the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14 as ordered by the Supreme Court, which will now be forwarded to the parliament.

    Finance Minister Ishaq Dar presented the bill before parliament today.

    Earlier today, a meeting chaired by Prime Minister (PM) Shehbaz Sharif, decided to send the matter to the parliament, observing that the Lower House was supreme and whatever decision it would make, would be acceptable.

    On Sunday the cabinet decided to refer to parliament the issue of the release of funds to the ECP for holding elections in Punjab.

    The cabinet asked Dar to prepare a summary for the guidance of the Parliament.

    It is pertinent to mention here that the SC has ordered that federal government to release Rs21 billion by April 10 for holding polls in Punjab.

  • Justice Faiz Isa questions disposal of his order to stop all suo motu proceedings

    Justice Faiz Isa questions disposal of his order to stop all suo motu proceedings

    Supreme Court (SC) Justice Qazi Faiz Isa has raised multiple questions over the verdict of a six-member larger bench of the Supreme Court which deposed his order that all suo motu proceedings should be stopped.

    In a nine-page note issued on Saturday, Justice Isa maintained that as the gathering in a court of six distinguished judges was not permissible under the Constitution or under any law, “the Supreme Court’s order dated 29 March 2023 passed in Case No 4 could not have been set aside by the 4 April Note”.

    Justice Isa noted that the Constitution did not confer jurisdiction on a bench or on judges of the SC (no matter how many in number) to sit in an appeal over an order of the top court.

    The judge further pointed out that Ishrat Ali, a federal government employee, was sent on deputation to the SC to work as its registrar.

    He maintained that Ishrat Ali was “withdrawn” by the federal government, however, he refused to abide by the order.

    It is pertinent to mention here that Justice Faiz had asked the registrar to resign for issuing a circular, discarding his judicial order related to suo motu proceedings.

    Earlier, a six-member bench of the Supreme Court was formed in unusual haste to deliberate on Justice Faez Isa’s order freezing all the suo motu notices. The bench closed the case after a hearing that lasted a total of five minutes.

  • Govt demands resignation from Chief Justice Bandial

    Govt demands resignation from Chief Justice Bandial

    Federal Minister for Information and Broadcasting Marriyum Aurangzeb, in a press conference on Friday, demanded Chief Justice of Pakistan (CJP) Umar Ata Bandial’s resignation after Justice Athar Minallah’s hard-hitting note that said that the suo motu case of the delay in holding polls in Khyber Pakhtunkhwa and Punjab was dismissed by 4-3.

    Calling the CJP “controversial”, Aurangzeb stated that when the court’s proceedings become controversial with judges of the top court refusing to accept the judgement, how will the people accept the verdict.

    “Justice Minallah’s note is a question mark,” she said.

    Without naming Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan, the minister said that it is not acceptable for the government that a breacher of the constitution is facilitated by the judiciary.

    She added that parliament will decide about elections, not Imran Khan.

    It is pertinent to mention that CJP Bandial is set to retire by September this year, after which Justice Qazi Faez Isa will become the new chief justice.

  • ‘Party ka secretary-general’: Sherry Rehman lashes out at Alvi for returning SC bill to parliament for review

    President Dr Arif Alvi has sent back the Supreme Court bill for revision.

    The Supreme Court (Practice and Procedure) Bill 2023, which aims to clip the powers of the chief justice of Pakistan, sailed through both houses of parliament and was sent to the president to be signed into law.

    However, the president sent the bill back to parliament for revision under Article 75 of the Constitution.

    In his detailed reply, which he also posted on Twitter, the president said that he thought it fit and proper to return the bill, in accordance with the Constitution, with “the request for reconsideration in order to meet the scrutiny about its validity (if assailed in the court of law)”.

    Alvi pointed out several aspects that need consideration after an in-depth consideration.

    President Alvi said that SC Rules 1980 had been “made and in force duly validated and adopted by the Constitution itself” under enabling provisions such as Article 191 of the Constitution which empowers the top court to make rules regulating the practice and procedure of the court.

    “These time-tested rules are being followed ever since the year 1980 —any tinkering with the same may tantamount to interference with the internal working of the Court, its autonomy and independence,” the letter stated.

    The purpose of the proposed bill is to provide a procedure for exercising preliminary jurisdiction and appealing.

    “It may be admirable, but can it be done without a constitutional amendment?” President Alvi questioned.

    He further said it is a settled law that constitutional provisions cannot be amended by ordinary legislation. “The Constitution is the supreme law; the father of all laws,” he added.

    The president further maintains that the Constitution is not a general law, but an embodiment of laws above fundamental principles, supreme law and other laws.

    Article 191 of the Constitution empowers the Supreme Court to make rules to regulate judicial proceedings and procedure.

    Calling out the President, Federal Minister for Climate Change, Sherry Rehman tweeted, “President Arif Alvi sent the bill back to the Supreme Court for review and proved that he is not the President of the country but is still the Secretary-General of Tehreek-e-Insaaf. He has seen every decision of Parliament from Tehreek-e-Insaaf’s point of view. Even before receiving the bill, he had given his stand on it in an interview.”

    “He is following his party policy, not the constitutional position of the President. The President is saying that this bill is beyond the power of the Parliament. For three and a half years, he has been running the President’s House like an ordinance factory. How can he know the powers of the parliament? President, do not teach the Parliament how to legislate,” tweeted Rehman.