Tag: Supreme Court

  • SC orders to demolish Aladin Shopping Mall and Pavilion End Club in Karachi within two days

    SC orders to demolish Aladin Shopping Mall and Pavilion End Club in Karachi within two days

    The Supreme Court (SC) has ordered the authorities to demolish Aladin Shopping Mall and Pavilion End Club in Karachi within two days, reports Samaa. An anti-encroachment drive ordered by the SC has been underway in various parts of the city.

    Demonstrators gathered on Tuesday to protest against shops being demolished. Shopkeepers protested on the road when the operation began. They were baton-charged by the police. Protesters threw stones at the law enforcement personnel.

    Director Anti-Encroachment Bashir Siddiqui, who was leading the operation, said there is stiff resistance from the shopkeepers.

    In a hearing on Monday, the SC declared the buildings illegal.“The land was unlawfully converted into a commercial area,” Chief Justice Gulzar Ahmed said.

    Justice Gulzar instructed the police and Rangers to begin the operation immediately. “Permission for commercial activity on land allotted to parks won’t be given at any cost,” the chief justice added.

    However, Aladin Amusement Park and Pavilion End Club managements have asked the Supreme Court to review its decision.

    Pavilion End Club employs more than 600 people, who dedicate their services to uplift the mood and experience of the visiting public and whose livelihood will be lost by the SC’s sudden decision, it said in a statement.

    Demolishing them at such short notice will cause “distress to thousands of families who depend on it for their livelihood and those that depend on it for safe recreation staffed by a large group of security guards who maintain law and order and security to keep the facility safe and secure.”

  • PM, his accountability aide accused of framing Justice Isa, Shehbaz Sharif

    PM, his accountability aide accused of framing Justice Isa, Shehbaz Sharif

    In a series of explosive revelations, former Federal Investigation Agency (FIA) Director General (DG) Bashir Memon has stepped forth with rather damning allegations against Prime Minister (PM) Imran Khan and his team.

    According to reports, he has claimed being told by the premier’s aide on accountability, Shahzad Akbar, to frame Justice Qazi Faez Isa.

    “When we entered his [Akbar’s] room, we were told that a case was needed against Justice Isa,” reports quoted him as saying.

    Judgeship of Supreme Court’s Justice Isa is hanging in balance over a presidential reference against him for concealing assets of his family. He has challenged the verdict of the apex court on the reference, arguing he could not be held answerable for the same.

    While Memon alleged that the case against Justice Isa was a brainchild of the premier, he also claimed being mocked by PM Imran for not going after Opposition Leader in National Assembly Shehbaz Sharif.

    “He said all he needed to do was to make a phone call to NAB [National Accountability Bureau], and the next day Shehbaz was arrested.”

    Memon also quoted Imran as saying that look at Saudi Crown Prince Mohammed bin Salman’s ways and see how things are done there so as to avoid talks about the constitution and law.

  • Justice Isa’s review petition against verdict on presidential reference accepted

    Justice Isa’s review petition against verdict on presidential reference accepted

    The Supreme Court has granted the review petition of Justice Qazi Faez Isa.

    A 10-member full court bench headed by Justice Umar Ata Bandial was hearing Justice Isa’s case in the apex court on Monday.

    The Supreme Court judge and his wife had challenged the apex court’s order on the presidential reference seeking the removal of Justice Isa for failing to disclose foreign properties of his family members.

    After completion of the hearing, Justice Bandial, in his remarks, had said that the bench needed time for consultation.

    Justice Bandial had last week remarked that the Supreme Court would not look at a report on Justice Qazi Faez Isa and his family’s financial matters, compiled by the Federal Board of Revenue (FBR), and will leave it to the Supreme Judicial Council to decide what to do with it.

    The full court bench has been seized with the review petition filed by Justice Isa.

    Additional Attorney General (AAG) Amir Rehman, representing the government, told the bench in Friday that the Supreme Court had given its verdict on the case by keeping into account all the facts and the law.

    He added that the bench had also heard the judge in question.

    “This review petition can therefore not be accepted merely on the assertion that the reference was not heard properly,” Rehman had argued.

  • ‘CJP Khosa backstabbed me’: Justice Isa accuses SC of acting maliciously

    ‘CJP Khosa backstabbed me’: Justice Isa accuses SC of acting maliciously

    Justice Qazi Faez Isa has alleged that the Supreme Judicial Council (SJC) acted “maliciously” against him and never gave him the chance to defend himself, adding the SJC did a massacre of justice.

    The SC judge made the comments on Thursday while presenting his arguments for a review petition against the Supreme Court’s (SC) ruling on the presidential reference filed against him.

    Criticising former chief justice Asif Saeed Khosa, the judge said that the former top judge “stabbed me in the back” without listening to his point of view. “My fellow judges in the SJC declared me a madman,” said Justice Isa.

    He further said that his fellow judge, Justice Azmat Saeed, had been a friend and had disappointed him (Justice Isa) with his judgement on the matter. “Today, the former judge is a favourite of the ruling party,” Justice Isa alleged.

    The judge complained to the bench that Law Minister Farogh Naseem had made “serious allegations” against him and his wife. “The decision to quash the reference against me was based on the Constitution and law. My wife was not a party to the case, yet the decision was against her,” said Justice Isa.

    He alleged that Naseem had “no respect for the court” and that “his ministry is more important to him”. “This is the first time that a law minister has declared the Constitution of Pakistan to be in conflict with fundamental rights,” said the SC judge.

    He further complained to the court asking why, even after the end of the hearing, the law minister kept submitting written arguments to the court.

    He also asked why the Federal Board of Revenue (FBR) was ordered to complete its investigation before the detailed verdict was issued in his case, alleging that Tax Commissioner Zulfiqar Ahmed went ahead with the investigations only due to the court’s pressure. He further added that President Arif Alvi “did not even bother” to respond to the three letters he sent to him on the presidential reference.

    “I did not even get a copy of the reference, but it was run on the media. Fifth generation war was started against me and my family,” said Justice Isa.

    Talking about his verdict in the Faizabad dharna case, Justice Isa claimed that the government wants to remove him from the apex court over his verdict in the Faizabad sit-in case but vowed that he will fight “till the last drop of blood” and not give up.

    Justice Isa regretted that everyone other than former Tehreek-e-Labbaik Pakistan (TLP) chief Khadim Hussain Rizvi filed a review petition challenging his findings. “[Even the] PTI (Pakistan Tehreek-e-Insaf) and MQM (Muttahida Qaumi Movement) also filed an appeal against the Faizabad sit-in decision. The PTI’s review petition said that I am not qualified to be a judge. I really am not qualified to be a judge because I talk about fundamental rights,” said Justice Isa.

    The SC judge appealed to the court to hear the instant case in the mornings so it can be wrapped up at the earliest because Justice Manzoor Ahmad Malik, part of the bench, is retiring soon.

    However, one of the judges reminded him that time had been lost due to a related petition filed by Justice Isa himself.

    “You are just now remembering that there is less time,” observed Justice Bandial, reminding the judge that he “wasted the complete month of March by filing an application for the live coverage of his hearing”.

    Justice Isa responded that he had requested live coverage of the case as it was “important” to restore his “image”, which he believes has been tarnished in front of the public.

    “A person’s image is in the hands of Allah and you should trust him,” said Justice Bandial in response.

    Justice Isa retorted saying that he was more worried about the SC, and that he himself was “nothing in front of it.”

    The court, after hearing the arguments, adjourned the hearing till April 19.

  • Qazi Faez Isa’s wife moves court for contempt case against Fawad Chaudhry

    Qazi Faez Isa’s wife moves court for contempt case against Fawad Chaudhry

    The wife of Supreme Court (SC) judge Justice Qazi Faez Isa has moved court for a contempt case against Federal Minister Fawad Chaudhry over a tweet by the latter.

    Sarina Isa’s application seeking the case against Fawad comes days after he tweeted that speeches were being made for the past one week, but reply would result in “concern” or “contempt”.

    The minister had said that those inclined towards politics must contest elections to realise their popularity and acceptability.

    In a later tweet, Fawad had also dedicated a poem to the judge.

    Meanwhile, “#IStandWithFawadChaudhary” is trending on Twitter.

  • Senate Election on March 3 will be conducted as per past practice: ECP

    Senate Election on March 3 will be conducted as per past practice: ECP

    The Election Commission of Pakistan (ECP) on Tuesday said that it deliberated on the order/opinion of the Supreme Court passed yesterday in Presidential Reference and has “decided to implement it in letter and spirit”.

    In a statement, the ECP said that it is taking all possible steps and measures to fulfil its constitutional duty to check that corrupt practices in the Senate Elections are guarded against.

    The ECP has decided to constitute a committee in this regard so that they can give their recommendations regarding the use of technology in the Senate Elections within a period of four weeks.

    The ECP has decided that “due to time constraint, ensuing Senate Election scheduled for March 3, 2021 will be conducted as provided in the Constitution and Law as per past practice”.

    https://twitter.com/profaltafkhan/status/1366629264746020866

    In a short order issued yesterday, the Supreme Court observed that the Senate Elections are held in accordance with the law and the Constitution, saying it “is the responsibility of the Election Commission of Pakistan (ECP) to protect the polls from the menace of corruption”.

    Federal Minister for Science and Technology Fawad Chaudhry tweeted that though the Supreme Court’s opinion on the matter was different, the ECP’s decision to delay the use of technology till the next Senate polls was astonishing.

    He added that both the apex court and ECP are respectable for him.

    All eyes will be on former prime minister Yousaf Raza Gillani’s election tomorrow.

    He is contesting as the joint candidate of the Pakistan Democratic Movement (PDM) against PTI’s Finance Minister Hafeez Sheikh.

    The election between Gillani and Sheikh is important as a Gillani win would prepare the ground for a no-trust vote against Prime Minister Imran.

    Meanwhile, the premier is taking this contest quite seriously and is leading the Senate campaign for the government. He held back-to-back meetings with lawmakers on Monday and will also host a luncheon today for National Assembly lawmakers.

  • Secret ballot for Senate to continue, rules Supreme Court

    Secret ballot for Senate to continue, rules Supreme Court

    Announcing its verdict on a presidential reference seeking legal opinion on the holding of Senate election through an open vote, the Supreme Court on Monday said polls for the Upper House will be held through a secret ballot.

    The 4-1 majority opinion was announced by a five-judge larger bench, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed.

    The reference was forwarded to the apex court in January after Prime Minister Imran Khan expressed his desire to curtail the practice of horsetrading in Senate elections by introducing an open-ballot system.

    READ: Open ballot in Senate polls: What do legal experts have to say?

    Following almost two months of proceedings, the court had on Thursday reserved its verdict, announcing to issue it on Monday (today).

    In a short order issued today, the court observed elections to the House are held in accordance with the law and the Constitution, saying it “is the responsibility of the Election Commission of Pakistan (ECP) to protect the polls from the menace of corruption”.

    While the order cited Article 226 of the Constitution to support its argument, the judges said the Parliament can decide if it feels the need to end the secrecy of the voting process.

    A detailed verdict is expected to be issued shortly.

  • Senate polls cannot remain ‘secret forever’, says SC judge

    Senate polls cannot remain ‘secret forever’, says SC judge

    Supreme Court judge Ijazul Ahsan, while hearing presidential reference pertaining to the secret ballot in the Senate elections, said that the votes cast in the election cannot remain “secret forever”.

    A five-member bench headed by Chief Justice Gulzar Ahmed urged Chief Election Commissioner Sikandar Sultan Raja to consider recommendations presented by Attorney General Khalid Jawed Khan and submit a response to the top court. Raza Rabbani, who is representing the opposition in the case, opposed this, saying the attorney general would share the government’s point of view on the issue.

    The SC had grilled the Election Commission of Pakistan over its response on the secret ballot on Tuesday. Today, the ECP in its reply maintained that the Senate elections can only be held through secret voting under Article 226 until an amendment is made.

    As per the article, the voting in the election would “always remain secret”, the ECP informed the bench. Justice Ahsan remarked that the “secrecy of the vote till the Day of Judgement is neither in the law nor in court judgements”.

    The judge further said if any party got less number of seats in the Senate as compared to its seats in the provincial assemblies then the ECP will be responsible. “If [any party] does not get [the number of seats] in relation to its seats in the provincial assemblies, it will be the ECP’s defeat.”

    At this, the election commission tried to assuage the court’s concerns, saying the ECP has set up a vigilance committee and an online complaints centre. All election candidates will be required to take an oath that they would not buy or sell votes, the ECP representative added.

    He informed the court that more than 1,100 complaints had been received since September. “Whatever complaints the ECP receives regarding elections, action is taken on them immediately.”

    Justice Mushir Alam observed that the matter of secrecy was part of the Elections Act 2017 but the question was to what extent would secrecy be applicable.

    During the hearing, the attorney general said ECP needs to wake up from its slumber and formulate a mechanism to stop horse-trading. AGP Khan said the ECP should ask the heads of political parties whether any seat adjustment was done. Barcodes or serial numbers could be printed on ballot papers, he suggested.

    Meanwhile, the chief justice refused to entertain the Pakistan Bar Council’s plea, saying the PBC won’t be heard on political matters.

  • Who ‘WhatsApp-ed’ Justice Qazi Faez Isa against PM Imran?

    Soon after claiming that it was the son of Pakistan Muslim League (PML) leader Chaudhry Shujaat who had “WhatsApp-ed” to inform Justice Qazi Faez Isa that he received development funds from Prime Minister (PM) Imran Khan, journalist Gharida Farooqi has tweeted a clarification.

    As per the details, Gharida on Thursday tweeted quoting sources that it was Ch Salik who had sent Justice Isa the details and proof of the premier sending him development funds.

    “The PM [had] today submitted [his] reply to the Supreme Court (SC) that the news regarding funds was fake,” she wrote while mentioning Thursday’s hearing of the apex court case over notice of Rs500 million uplift funds in light of the forthcoming Senate polls.

    It wasn’t later that the journalist once again took to Twitter and clarified that it wasn’t Salik.

    “I got a call from Ch Salik after my [earlier] tweet. He categorically denied it and said he didn’t even know Justice Isa. Whereas, Justice Isa said so in the SC today while referring to NA 65 [constituency],” she said.

    It may be noted that Ch Salik of the PML had been elected to the National Assembly from the said constituency in a 2018 by-election.

    While Gharidah’s clarification led to a spat between her and PM Imran’s aide Dr Shahbaz Gill, who said that the SC had dismissed the case, here’s what journalist Umar Cheema had to say:

    Earlier, the Supreme Court disposed of the case, declaring PM Imran’s response satisfactory.

    During the hearing, Justice Isa had inquired if it was the premier’s job to distribute envelopes of money to members of the National Assembly.

    The judge revealed he had received documents via WhatsApp indicating that heavy funds had been provided to a lawmaker from the ruling PTI’s coalition party from the NA-65 constituency, reports said.

    “Can funds be given to certain constituencies? Is it in accordance with the law to give funds for the road,” he inquired.

    The Attorney-General of Pakistan (AGP) Khalid Jawed Khan responded to the apex court judge, saying the WhatsApp documents “are your complaint and would be reviewed”.

    “I am not the complainant, I am just pointing [it] out; perhaps, you did not listen to me,” the judge replied.

    In response, the AGP said, “You have been sharing your observations for a long time. It is I who has not been heard. You received a message on your WhatsApp, so you are a complainant.”

  • Senate elections on March 3: ECP

    Senate elections on March 3: ECP

    Amid a controversy surrounding the Senate elections over the secret ballot, the Election Commission of Pakistan has announced to hold the polls on the upper house seats on March 3.

    According to the ECP, the last date for filing of nomination papers is February 13, followed by a scrutiny process for the nominations. The last date for filing of appeals against acceptance or rejection of papers is February 18, said a notification issued by the ECP.

    The date for disposal of appeals is Feb 19-20, whereas candidates can withdraw their applications by Feb 22 a day after issuance of the revised list of the contestants. The polling will start at 9am and end at 5pm on March 3.

    The Senate elections will be held on 48 seats: two in Islamabad (National Assembly); 11 in Punjab; 11 in Sindh; 12 in Khyber Pakhtunkhwa; and 12 in Balochistan.

    On February 6, President Dr Arif Alvi signed Elections (Amendment) Ordinance 2021 that will pave way for the organisation of Senate elections through open ballot. The opposition, however, has reservations on the move and vowed to oppose it.

    On the other hand, a presidential reference filed by the government in the Supreme Court seeking guidance on the Senate voting procedure is being heard to decide whether the government needs an amendment to end the secret ballot.

    Yesterday, the SC had said that Article 226 allows secret ballot. The article reads: “All elections under the constitution, other than those of the prime minister and the chief minister, shall be by secret ballot.”