Tag: Supreme Court

  • PM Shehbaz audio leaks: PTI Supreme Court pohanch gayi

    PM Shehbaz audio leaks: PTI Supreme Court pohanch gayi

    Pakistan Tehreek-e-Insaf (PTI) moved Supreme Court (SC) on Saturday to investigate the matter of Prime Minister (PM) House audio leaks of PM Shehbaz Sharif and his party members including some federal ministers.

    The former ruling party has requested the top court to seek criminal charges against PM Shehbaz and his team for hatching a “criminal conspiracy”.

    One of the many audio leaks allegedly concerns a conversation between PM Shehbaz, Defence Minister Khawaja Asif, Law Minister Azam Tarar, Interior Minister Rana Sanaullah, and former National Assembly (NA) speaker Ayaz Sadiq about the resignations of PTI MNAs. The audio is said to be a recording of a cabinet meeting.

    Party leaders can be allegedly heard discussing whose resignations from PTI will be accepted. Moreover, the leaders can be heard saying that the final decision will be taken by PML-N Supremo Nawaz Sharif who is in London.

    “The incumbent prime minister and his cabinet members can be heard discussing a heinous strategy to outplay the petitioner from the parliamentary politics in a most illegal, unlawful and objectionable manner,” the PTI said in the petition about the audio leak.

    The petition said that the entire discussion revolves around a “criminal strategy/conspiracy” to affect and target the party through piecemeal acceptance of the resignations tendered by PTI’s MNAs on April 11.

    The party said that PM Shehbaz, Information Minister Maryum Aurangzeb and Rana Sanaullah have admitted the existence of audio leaks.

    The PTI claimed that the PM and his cabinet members with the aid of incumbent NA Speaker Raja Pervez Ashraf violated their oath and utterly disregarded the law and constitution.

    A total of six audios featuring PM and his party leader have been leaked while two audio leaks featuring Imran Khan and his party members have come to light.

  • Imran Khan to be indicted on Sept 22, response deemed ‘unsatisfactory’ by court

    Imran Khan to be indicted on Sept 22, response deemed ‘unsatisfactory’ by court

    The Islamabad High Court (IHC) on Thursday decided to indict Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on September 22 after he failed to submit an unconditional apology in contempt of court proceedings against him for passing controversial remarks against Additional District and Sessions Judge Zeba Chaudhry.

    “Imran Khan’s response was unsatisfactory”. said IHC Chief Justice Athar Minallah, who is heading a five-member bench — comprising Justice Mohsin Akhtar Kayani, Justice Miangul Hassan Aurangzeb, Justice Tariq Mehmood Jahangir, and Justice Babar Sattar — that heard the case.

    Justice Athar Minal­lah observed that Khan’s replies to the court’s show-cause notice appeared to be “Justifying contempt of the judiciary” and showed “No remorse or regret”.

    Justice Minallah went on to ask why the judges of the lower courts were considered different to those of higher courts. “You are justifying contempt of court which means that you have no remorse or regret,” the judge observed.

    Expressing his disappointment in the response given by Khan to the court, which was the second of its kind, the court asked: “Even after the court’s input on the matter, this is the response submitted?”

    “It seems you want to fight this case […] and you have no realisation that the case against you is extremely seriously,” noted Justice Minallah.

    Declaring subordinate judiciary a ‘red line’, IHC CJ Minallah warned the PTI chairman that threatening a district judge is a more serious offence than a Supreme Court justice.

    Before appearing for the hearing, the PTI chairman told journalists that he would become “more dangerous” if the government decides to send him behind bars.

    “They have been trying to [put me in jail for long now]. I will be more dangerous if they send me to jail,” Khan said to media, confidently smiling ahead of the hearing.

    Hours before the proceeding, Khan filed a new plea at the high court. He argued that the high court cannot exercise suo moto jurisdiction as per the Constitution. The arguments on the inadmissibility of the contempt case should be kept on record.

    “The written arguments will also be explained in the oral arguments during the course of the proceedings,” read the plea.

    A day earlier to the proceedings, Khan submitted a fresh response to the contempt of court case, in which in he expressed deep regret for his words.

  • ‘Not liable to answer or provide information to you,’ Khan tells FIA

    ‘Not liable to answer or provide information to you,’ Khan tells FIA

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday (August 17) asked the Federal Investigation Agency (FIA) to take back the notice sent to him in the prohibited funding case in two days, further stating that he would take legal action against the organisation.

    “Neither am I liable to answer to you nor is it liable on me to provide information to you. If notice is not taken back in two days, then I will take legal action against you,” said Khan to FIA.

    “ECP [Election Commission of Pakistan] did not give a decision but issued a report. ECP cannot order FIA or any other organisation based on this report,” said the PTI chief. He added that the FIA does not have the authority to act under the Political Parties Order 2002.

    “The notice issued is also contrary to the FIA Act. Supreme Court has declared the ECP as an administrative institution in several decisions,” said Khan, adding that the ECP is neither a court nor a tribunal.

    FIA sought records from Khan regarding the total funds provided to PTI by national and international companies, and business firms.

  • Hamza Shehbaz files petition to review SC’s verdict declaring Elahi as CM

    Hamza Shehbaz files petition to review SC’s verdict declaring Elahi as CM

    Former Chief Minister (CM) Punjab Hamza Shehbaz has filed a review petition in the Supreme Court (SC) against the apex court’s July 26 verdict, which declared Chaudhry Pervaiz Elahi as the Punjab CM.

    Hamza filed the petition through his lawyer Mansoor Awan in which it has been requested that the SC should review the decision of declaring Pervaiz Elahi as the CM of Punjab and the ruling of former Punjab Assembly (PA) Deputy Speaker Dost Muhammad Mazari should be declared constitutional.

    The review petition stated that the court in its order had “failed” to appreciate that when a justice signs a judgement, then to the extent that judgement is not expressly controverted in the separate opinion, that justice remains bound by the judgement he has put a signature to, whereas the order makes the inverse and counter-intuitive inference because other aspects were covered in the separately rendered decision.

    The Pakistan Muslim League-Nawaz (PML-N) leader further demanded that a full court be constituted to decide the matters involving the interpretation and application of Article 63-A of the Constitution in this regard.

    Earlier, a three-member bench of the SC declared Mazari’s ruling in the Punjab Chief Minister election “illegal” and ruled that Pervaiz Elahi will be the new CM of the province.

  • ECP verdict: Govt decides to place Imran and other PTI leaders on no-fly list

    ECP verdict: Govt decides to place Imran and other PTI leaders on no-fly list

    After the Election Commission of Pakistan (ECP) verdict was announced yesterday in the Pakistan Tehreek-e-Insaf (PTI) foreign funding case, the coalition government has reportedly decided to put the names of PTI Chairman Imran Khan and other PTI leaders on the no-fly list to prevent them from leaving the country. The government has also decided to move the Supreme Court (SC) to hear the reference it is going to file in the wake of the ECP verdict.

    The government will put the names of former premier Imran Khan, ex-governors of Khyber Pakhtunkhwa (KP) and Sindh and former chairman of the Utility Stores Corporation (USC) Zulqarnain Ali Khan on the no-fly list, reports The Express Tribune.

    The government will also request Chief Justice of Pakistan (CJP) Umar Ata Bandial to constitute a full court to hear the case, which is yet to be filed, reports Geo News.

    All the government allies were unanimously on board for taking strict legal action in light of the ECP’s verdict.

    PTI to move IHC

    “The PTI will file two different petitions — one contempt of court petition against ECP for violating the Supreme Court and high court’s decisions for not giving verdict against PPP and PML-N together with PTI, whereas the second petition would be filed against the ECP’s decision for having too many loopholes in the verdict,” announced Asad Umar yesterday.

    “People trust Imran Khan and that’s why they sent their money to him when he started the fundraising events. If you block political donations, the only other way is that of powerful people,” he added.

    Just after the decision was announced, PTI leader Fa­­wad Chaudhry said that most of the money was donated by overseas Pakistanis.

    He said that he could not understand why the PML-N, JUI-F and PPP declared overseas Pakistanis as an “enemy”.

    “We consider overseas Pakistanis to be the backbone of Pakistan’s economy and will continue to rely on them for our funding,” said Fawad. About the certificates that were submitted to the ECP by Khan, Fawad said that these certificates were made by the auditors and Khan had just signed them so the responsibility cannot be put on Imran.

    The former premier had personally issued certificates to the ECP in regards to Article 13(2) of the PPO to the effect that PTI “does not receive funds from prohibited sources”, meaning thereby that the PTI is not a foreign-aided political party.

    On Tuesday, the ECP said that PTI received ‘prohibited funds’ from 34 foreign nationals. The PTI was issued a show-cause notice after the unanimous verdict by a three-member bench of the ECP headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja.

  • Supreme Court uploads audio of JCP meeting on its website

    The Supreme Court of Pakistan (SCP) uploaded the audio of the Judicial Commission of Pakistan’s (JCP) meeting on its website.

    The recording was of the letters issued by two JCP members — senior puisne SC judge Justice Qazi Faez Isa and Justice Sardar Tariq Masood — both of whom claimed the meeting had disapproved the nominations of judges, proposed by the Chief Justice of Pakistan, for elevation to the top court.

    Justice Sardar Tariq Masood, in a letter, highlighted the need for putting out factual and correct minutes of the meeting, in which details of observations and discussions of each member should be mentioned.

    “The correct minutes of the meeting, if made publically, will stop needless rumours,” Justice Masood wrote in his two-page letter.

    In a similar letter written to other JCP members, Justice Qazi Faez Isa also highlighted that the acting secretary, who had attended the meeting in the absence of the JCP secretary, should immediately release this decision to the media, which would also stem unnecessary speculation and misreporting, as the meeting was held behind closed doors.

    “In these exceptional circumstances the Hon’ble chairman JCP has been pleased to relax the restriction under Rule 5(4) of the JCP Rules, 2010 and has directed for the audio recording of the JCP proceedings of 28.07.2022 to be made available on the official website of the SCP,” said a statement issued by the apex court.

    The audio recording from time slot 1:29:45 to 1:38:08 contains the statement by Attorney General for Pakistan (AGP) Ashtar Ausaf that the matters under discussion should be deferred to frame appropriate rules. He did not assess or reject the merits of any of the high court judges proposed for appointment to the apex court. As a result, five members of the JCP supported the deferment of the meeting as reported in the press note of Thursday,” the fresh statement said.

    In the audio tape, the AGP can be heard saying “when we talk of seniority, ability, integrity, and temperament, we should also consider whether the appellate courts have appreciated their judgements or overturned them”.

    “While nominating judges we should also consider how much time they will have in the Supreme Court to decide matters,” he said, pointing out that if they had only three years, then it would not be enough.

    Justice Isa, who spoke in the end after the CJP, expressed surprise that while the two senior-most CJs of the high courts could sit in the Supreme Judicial Council (SJC), they were not fit to be elevated to the Supreme Court. “What an irony?” he remarked.

    “What does a CJ of the high court bring to this court? [He] brings experience as a CJ. What I have learnt as CJ, I would never have learned as a judge. It is altogether a different ball game,” he emphasised.

    “We all are equal and can nominate and all of us carry one vote to decide. This is not about winning or losing but a question of the future. You are bypassing chief justices,” said Justice Isa.

    “We will be short of five judges next month and we have 50,000 cases,” the CJP pointed out.

  • ‘Can talk to TTP, not with thieves’: Imran Khan rules out possibility of talks with the govt

    ‘Can talk to TTP, not with thieves’: Imran Khan rules out possibility of talks with the govt

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan addressed his supporters on Wednesday, a day after the Supreme Court verdict declared Chaudhry Pervaiz Elahi as the new chief minister of Punjab. He demanded immediate elections that should be free and fair. Khan ruled out any possibility of holding talks with the coalition government.

    ‘Can talk to the TTP and separatists but not with thieves’

    “I can talk to the Tehreek-e-Taliban Pakistan (TTP), the separatists of Balochistan and Sindh, but not with thieves,” said Khan while ruling out the possibility of holding talks with the coalition government.

    “Will you speak to someone who robs your home?” 

    ‘A new Election Commission should be formed’

    Once again, Khan expressed his complete lack of trust in the incumbent Election Commission of Pakistan (ECP) and Chief Election Commissioner (CEC) Sikander Sultan Raja. Khan accused the ECP of supporting former CM Punjab Hamza Shehbaz.

    “The Election Commission was involved and tried to defeat us in the by-polls.”

    Terming his party’s win in the Punjab by-elections a “miracle”, he said that despite the government’s attempts, his party managed to win because of the people.

    “First of all, Hamza was illegally imposed on us, and even when he was ordered by the top court to refrain from using any state machinery and administration for personal gains, he used all of the aforementioned to rig the elections.”

    He demanded that a new Election Commission should be formed.

    “Such an Election Commission should be formed that no political party should have an issue with it.”

    ‘Yeh jo bikay hain hamaray log, yeh bhi aik shirk hai’

    Khan said that those who defected from his party committed shirk.

    “Jab yeh apni naukri ko bachanay ke liye ghalat kaam kartay hain, gunnah kartay hain, yeh bhi aik shirk hai. Aap apnay zameer ko bechtay hain, laalach de kar jo aap ko khareedta hai, yeh jo bikay hain hamaray log bhairr baqriyon ki tarah, yeh bhi aik shirq hai kyun ke Allah Al-Haqq hai.”

    (Those who do wrong things to save their jobs commit sin, it is shirk [idolatry]. Those who sell their self-respect and themselves, it is also counted as shirk because Allah is Al-Haqq).

    Azadi March and Haqeeqi Azadi

    Khan recalled that when his party announced its “Azadi March” on May 25, the coalition government attacked the women, children, and families who came out to support PTI.

    “They tried to silence us.”

    “Today, I want to thank the Almighty that despite all the impediments, people came out to show support rather than staying at home out of fear,” adding that he is glad that the people of Pakistan have started becoming a nation now.

    ‘Free and fair elections should be held immediately‘

    Khan stressed that there is only one way forward and that is through immediately holding free and fair elections.

  • ‘Rise to the occasion or fall to the status quo’: Maryam Nawaz

    ‘Rise to the occasion or fall to the status quo’: Maryam Nawaz

    Ahead of the Supreme Court verdict on the Punjab chief minister election case, Pakistan Muslim League-Nawaz (PML-N) Vice President Maryam Nawaz tweeted that the government must take a firm stand and rise to the occasion.

    “The government MUST take a firm stand & rise to the occasion. Rise to the occasion or fall to the status quo. Leaders are made by the situations they are confronted with,” tweeted Maryam Nawaz.

    

    Meeting of heads of the coalition government has been called
    

    A meeting of the heads of the federal government’s coalition parties has been called on the possible decision of the Supreme Court. The meeting will begin shortly at the Prime Minister House.
    

    

    

    

    

    		
    

    
	

    

    

    

    

    

    

    It is being reported that the political situation, including the decision of the Supreme Court, will be considered.
    

    It is pertinent to mention here that on Monday, July 25, all political parties in the coalition announced that they will boycott court proceedings till a full bench is constituted.
    

    Announcing the decision, Maulana Fazlur Rehman said that since the coalition government’s request for the formation of a full court bench was rejected, they have also rejected this decision of the court.
    

    “We will not appear before this bench and will boycott it.”
    

    
			
    
		
    
		
	
  • 
		
		
    
			
    Coalition govt should name their favourite judges: Sheikh Rasheed
    
			
    Coalition govt should name their favourite judges: Sheikh Rasheed
    
			
    Former Interior Minister Sheikh Rasheed condemned the coalition government for calling Chief Justice Umar Ata Bandial’s bench a “fixed bench”. Yesterday, Pakistan Muslim League-Nawaz (PML-N) leader Maryam Nawaz said that bench-fixing is a crime like match-fixing. 
    

    

    


    

    

    

    Sheikh tweeted that “no-confidence should be submitted against [Prime Minister] Shehbaz Sharif”, adding that after the army, the Supreme Court (SC) is now being targeted.
    

    He asked the coalition government to name their “favourite judges”. Rasheed also claimed that the PML-N is running away from elections. 
    

    Prior to the SC hearing on the matter of the Punjab Chief Minister (CM) election, the coalition government held a joint press conference. 
    

    The government demanded a full court bench but the SC rejected this demand. On Monday, it was announced that all political parties in the coalition will boycott court proceedings till a full bench is constituted.
    

    
			
    
		
    
		
	
  • 
		
		
    
			
    New CM Punjab: Chaudhry Pervaiz Elahi
    
			
    New CM Punjab: Chaudhry Pervaiz Elahi
    
			
    Chaudhry Pervaiz Elahi is now the chief minister (CM) of Punjab as per the Supreme Court’s verdict in the Punjab CM election case.
    

    The apex court has directed Governor Punjab Balighur Rehman to administer oath to Pervaiz Elahi by 11:30pm tonight.
    

    Punjab CM election: Supreme Court to announce verdict in a while
    

    In a plea filed by PML-Q’s Chaudhry Pervaiz Elahi, the Supreme Court (SC) heard the case regarding Chief Minister (CM) Punjab election and reserved its decision.
    

    The plea was filed against the Punjab Assembly Deputy Speaker’s ruling on the day of the Punjab Chief Minister (CM) election (July 22).
    

    The top court will announce the final verdict at 5:45pm today.
    

    A three-member bench headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial was hearing the case.
    

    Punjab CM election: PPP and Mazari’s lawyers excuse themselves from SC hearing 
    

    Punjab Assembly Deputy Speaker Dost Mohammad Mazari and Pakistan People’s Party’s (PPP) lawyers have declined to participate in the Supreme Court (SC) proceedings as they had demanded a full court bench in the case pertaining to the Punjab Chief Minister (CM) election.
    

    Deputy Speaker Mazari’s counsel Irfan Qadir told the bench that his client had told him not to be part of the proceedings. PPP lawyer Farooq H. Naek also came to the rostrum and informed Chief Justice Umar Ata Bandial that he would not be part of the proceedings.
    

    At this, the CJP told him that he “is not a party in the case”.
    

    Coalition govt to boycott court proceedings if full bench not constituted
    

    All political parties in the coalition announced that they will boycott court proceedings till a full bench is constituted.
    

    Announcing the decision, Maulana Fazlur Rehman said that since the coalition government’s request for the formation of a full court bench was rejected, they have also rejected this decision of the court.
    

    “We will not appear before this bench and will boycott it.”
    

    Punjab CM case: Full court bench rejected 
    

    The Supreme Court has rejected the request for a full court bench.
    

    Earlier today, the coalition government had demanded the formation of a full court bench in the case pertaining to Punjab chief minister election.
    

    The three-member SC bench will resume hearing the deputy speaker Punjab Assembly case tomorrow (July 26) at 11am.
    

    More legal clarification needed, CJP Bandial on the formation of full court bench
    

    Chief Justice of Pakistan (CJP) Umar Ata Bandial has said that the court will decide whether to form a full court bench or not after listening to more legal clarification.
    

    The top court has also said it is uncertain whether the decision on the formation of a full bench will be made today or not.
    

    CJP also remarked that if the situation gets out of hand will we make full bench court. 
    

    Full court bench can only be formed in September
    

    During today’s hearing, CJP Bandial remarked that the full court bench can only be formed in September, questioning that should all work be stopped till then? 
    

    ‘If there is no full court bench, we will boycott the proceedings’: Rana Sanaullah
    

    Prior to the SC’s decision on the formation of full court bench, Interior Minister Rana Sanaullah said that “if the Supreme Court does not form a full court bench, we will boycott the proceedings.” He added that if the full court is not formed then Hamza Shehbaz will not become a party in this case.
    

    Rana Sanaullah gave a reference, he said that in 2015 eight judges had given a decision regarding the party chief.
    

    Along with Rana, Law Minister Azam Nazeer Tarar said the way the constitution has been interpreted, it is beyond understanding.
    

    Supreme Court reserves verdict on formation of full court bench
    

    After a joint press conference by the members of the ruling coalition and requests made by SCBA and lawyers, the top court has reportedly reserved its verdict on the formation of a full court bench. The hearing has been adjourned till 5:30pm.
    

    PTI’s leader Fawad Chaudhry said that the top court will announce whether they are hearing the petition or a full court bench. Taking a jibe at the government and its coalition partners’ lawyers, Chaudhry said that they didn’t have any solid arguments.
    

    The Supreme Court (SC) has resumed its hearing on a plea filed by Pakistan Muslim League-Quaid (PML-Q) leader Chaudhry Pervaiz Elahi’s petition challenging Punjab Assembly (PA) Deputy Speaker Dost Mohammad Mazari’s decision in the Chief Minister (CM) run-off election on July 22. 
    

    SC resumes the hearing 
    

    A three-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial along with Justice Ijazul Ahsan and Justice Munib Akhtar, is holding the hearing at SC’s Room 1.
    

    On Saturday, the top court said that Hamza Shehbaz would work as trustee CM till Monday and adjourned the hearing.
    

    Petition on Article 63-A should be heard: Ahsan Bhoon
    

    Supreme Court Bar Association (SCBA) President Ahsan Bhoon requested the Supreme Court on Sunday to take up the Bar’s already filed review petition against the “short judgment passed by the apex court” on May 17 in the presidential reference over the interpretation of Article 63-A.
    

    Bhoon underlined that it was the right time for the apex court to take up the SCBA petition and decide the matter once and for all “so that no one dares to point finger towards the apex court”.
    

    “What’s the hurry Bhoon Sahab, let us hear this case first,” said CJP Bandial during today’s proceedings.
    

    The bench called former SCBA head Advocate Latif Afridi who said that the country’s current political situation is “very complicated” at the moment and requested a full court bench.
    

    Elahi’s lawyer Barrister Ali Zafar said the Bar presidents should not be involved in such matters.
    

    The deputy speaker’s lawyer, Irfan Qadir, also requested the court to constitute a full bench. At this, the CJP asked him the grounds on which a full court bench should be constituted.
    

    Qadir requested the bench to read paragraphs one and two of its decision on the presidential reference seeking interpretation of Article 63-A, stating that everything would then be clarified.
    

    Law minister Azam Nazeer Tarar informed the court that he has received some important information. At this, the top court asked him to sit. The court also directed Hamza’s lawyer Mansoor Awan not to take directions from Tarar.
    

    SC shouldn’t be blackmailed: Fawad Chaudhry
    

    While talking to the media, Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry said that PTI has no issue with a full court bench.
    

    “The party has reservations that SC shouldn’t be blackmailed. Otherwise, it is up to the chief justice to make a full court bench,” said Chaudhry.
    

    SC hearing on Punjab CM election: Political leaders banned to enter court
    

    Before the hearing, all the political leaders were banned from entering SC for the hearing on the matter of the election of the Punjab CM. Strict security arrangements were also being made
    

    An official of the Islamabad police said only leaders of respondent parties would be allowed to enter the court premises with the permission of the SC administration. He added that political parties had provided lists of leaders in this regard.
    

    “No rally, procession, or gathering will be allowed in the Red Zone, including around the Supreme Court”, he said.*