Tag: Supreme Court

  • ‘Inhumane’: SC says ‘mentally-ill’ death row prisoners cannot be executed

    ‘Inhumane’: SC says ‘mentally-ill’ death row prisoners cannot be executed

    The Supreme Court of Pakistan on Wednesday commuted the death sentences of three “mentally-ill” prisoners to life imprisonment, saying executing a person who doesn’t understand the rationale behind their punishment is “inhumane” and doesn’t meet the ends of justice.

    The apex court announced this verdict on a point whether or not mentally ill death-row prisoners can be executed. The pleas were filed on the behalf of Kanizan Bibi, Imdad Ali and Ghulam Abbas who have spent 30, 18 and 14 years on death row, respectively, while exhibiting acute symptoms of mental illness, reported Dawn.

    A five-judge bench, headed by Justice Manzoor Ahmad Malik, comprising Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Syed Mansoor Ali Shah gave this verdict at SC’s Lahore registry.

    In its verdict, the apex court that not every mental illness shall automatically qualify for an exemption from carrying out the capital sentence.

    “This exemption will be applicable only in that case where a medical board, consisting of mental health professionals, certifies after a thorough examination and evaluation that the condemned prisoner no longer has higher mental functions to appreciate the rationale behind the sentence of death awarded to them,” the judgement stated.

    “It is with the developing nature of medical science that scope of these terms may also evolve. Therefore, we are of the view that a limited definition of the terms ‘mental disorder’ or ‘mental illness’ should be avoided, and the provincial legislatures may […] consider to appropriately amend the relevant provisions of mental health laws to cater for medically recognised mental and behavioral disorders as notified by the World Health Organisation.”

    The top court also barred the use of “stigmatic labels”, like “unsound mind”, “lunatic” and “insane” to refer to the prisoners who suffer from mental disorders.

    “Latest legislations all over the world do not use such terms. Therefore, we consider it appropriate to direct that the terms ‘unsoundness of mind’ and ‘unsound mind’ occurring in Pakistan Penal Code, the Criminal Code of Procedure and the Prison Rules be substituted with term ‘mental disorder’ or ‘mental illness’.

    “The term ‘lunatic’ wherever it occurs shall also be substituted appropriately,” the judgement stated.

  • Justice Isa holds referendum on country’s press freedom situation in court; no hands raised

    Justice Isa holds referendum on country’s press freedom situation in court; no hands raised

    Supreme Court’s (SC) Justice Qazi Faez Isa has expressed serious concerns over the press freedom situation in Pakistan, holding a referendum on freedom of press in his court.

    “Tell me… is media free in Pakistan?” Justice Isa asked the attorney general while hearing the case regarding local government elections with Justice Maqbool Baqir.

    The top court judge asked the reporters present in the courtroom to raise their hands if media was free in the country. Even though a number of media persons were present, nobody raised their hands.

    At this, Justice Isa said, “The people who are behind curbs on media must go to jails.”

    “The country is systematically being damaged. The poor are crying,” he added.

    Justice Baqir, on the other hand, remarked that a judge should avoid discussing such things but for how long could one remain silent on a situation such as the prevailing one. “It is not an ideal situation.”

    Earlier, the Election Commission of Pakistan (ECP) submitted schedule of local bodies elections to the court.

    The election watchdog, in its reply to the apex court, stated that local government polls will be held in Punjab on July 20 while Khyber Pakhtunkhwa (KP) and Cantonment Boards will hold the election on April 8.

    The commission further said that decision regarding date of the elections in Sindh and Balochistan will be taken on February 11.

    Last Thursday, the top court had asked the ECP to furnish a comprehensive reply within a week on holding the polls.

  • After FIA, NAB too cannot probe BRT project

    After FIA, NAB too cannot probe BRT project

    The Supreme Court has stopped the National Accountability Bureau (NAB) from investigating alleged irregularities in the Peshawar Bus Rapid Transit (BRT) project.

    The Khyber Pakhtunkhwa government had approached the apex court against a ruling by the Peshawar High Court wherein the court had asked NAB to probe the mass transit project over alleged corrupt practices that resulted in massive losses to the national exchequer.

    A three-member bench headed by Justice Umar Ata Bandial set aside the decision of the high court, saying it was based on speculations.

    According to the petition filed in the high court, the project was transferred to the Peshawar Development Authority despite the formation of a special BRT cell in the provincial transport department that also hired staffers and consultants. The court had observed the project was not coordinated well, resulting in delay and loss of money. 

    This is not the first time that NAB has been barred from touching the BRT. In 2018, after the PHC asked NAB to probe the BRT project, then chief justice Saqib Nisar had suspended the decision in Sept 2018.

    In Feb 2020, an SC bench headed by Justice Bandial had stopped the Federal Investigation Agency to stop the BRT investigation. At this time, the KP government’s lawyer had alleged that the PHC had issued its verdict without any reasoning.

    PESHAWAR METRO:

    The BRT bus service was launched on Aug 13 last year by Prime Minister Imran Khan after much delay as it missed several deadlines.

    The KP government and the project’s execution agency had promised to open the project, launched in October 2017, within six months on April 20, 2018. However, the deadline was missed.

    The project managers kept changing the launch dates from May 20 to June 30 to December 31 in 2018 to March 23, 2019, but the project was finally launched in Aug 2020. Since then, multiple buses of the BRT have broken down or caught fire.

  • ‘Enraged’ US wants to prosecute acquitted suspects in Daniel Pearl murder case

    The White House has expressed “outrage” that Pakistan’s Supreme Court ordered the release of an Islamist convicted of beheading American journalist Daniel Pearl.

    Ahmed Omar Saeed Sheikh, who was the main suspect in the 2002 kidnapping and murder of the Wall Street Journal reporter, was acquitted by a panel of three judges.

    White House spokeswoman Jen Psaki called the decision “an affront to terror victims everywhere” and said Washington is “committed to securing justice for Daniel Pearl’s family.”

    At her daily briefing, Psaki called on the Pakistani government to quickly review legal options, including letting the United States prosecute those acquitted.

    The Pakistani court decision comes at a sensitive time in US-Pakistani relations as new President Joe Biden’s administration reviews Afghanistan’s peace process in which Pakistan is a key player.

    SC ORDERS RELEASE OF SHEIKH:

    The Supreme Court dismissed a series of appeals against the acquittal of the British-born militant convicted of masterminding the kidnap and murder of US journalist Daniel Pearl, paving the way for his release.

    “The court has come out to say that there is no offence that he has committed in this case,” Mahmood Sheikh, who represented Ahmed Omar Saeed Sheikh, told AFP.

    The three-judge bench directed authorities to release Sheikh who was sentenced to death for his role in the plot.

    During the hearing, the Sindh advocate general told the court that the prime suspect has links to banned outfits. He added that the Sindh government submitted sensitive information to the top court in a sealed envelope. At this, the court responded that the evidence submitted by the authorities in the case was not enough to convict Sheikh.

    In a dramatic turn of events on Wednesday, Sheik admitted a “minor” role in the death of Pearl. That testimony was at odds with 18 years of denial about his involvement in the killing.

    A letter handwritten by the accused in 2019, in which he admits limited involvement in the death, was submitted to Pakistan’s Supreme Court nearly two weeks earlier.

    Last month, the United States government had also issued a statement expressing concerns over the acquittal of Sheikh by the Sindh High Court.

    “We are deeply concerned by the reports of the December 24 ruling of Sindh High Court to release multiple terrorists responsible for the murder of Daniel Pearl. We have been assured that the accused have not been released at this time,” said the State Department in a series of tweets in response to the ruling of the high court.

  • Opposition concerned over ex-SC judge heading Broadsheet scandal investigation panel

    Opposition concerned over ex-SC judge heading Broadsheet scandal investigation panel

    Two of the country’s major opposition parties, the Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP), have expressed reservations on the investigation panel that is to be headed by former Supreme Court (SC) justice, Azmat Saeed, to investigate the Broadsheet scandal.

    Speaking to a private media outlet on Thursday, senior PML-N leader Ahsan Iqbal pointed out that the former SC judge was part of the bench in the Panama Papers case that disqualified then prime minister (PM) Nawaz Sharif.

    “He was later invited by PM Imran Khan to join the Shaukat Khanum Memorial Hospital’s Board of Governors after his retirement.”

    Ahsan also pointed out that during the Musharraf regime, when the asset recovery agreement was signed with Broadsheet, Justice Azmat was part of the National Accountability Bureau (NAB).

    Meanwhile, PPP Secretary General Nayyer Bukhari said the PTI’s dishonesty had been exposed by the nomination of committee head. “It seems that the government wants to put all the blame on the previous governments.”

    Bukhari said the PPP has reservations on the committee, adding, “it is a sensitive matter which should be investigated in a transparent manner.”

    According to the Supreme Court’s website, Justice Azmat was the anti-graft watchdog’s deputy prosecutor general in Islamabad in the year 2000 for a period of one year and was later appointed NAB special prosecutor in 2001 to prosecute cases before accountability courts at Attock Fort and in Rawalpindi.

    However, it is not clear if the former judge had played a role, if any, in the formulation and signing of the asset recovery agreement and/or its eventual termination.

    It was reported earlier on Thursday that Azmat will lead the inquiry commission to examine the circumstances relating to the Broadsheet agreement and subsequent arbitration proceedings that resulted in substantial loss to the national exchequer.

    The announcement was made by Information Minister Shibli Faraz.

    Science and Technology Minister Fawad Chaudhry also said that “PM Imran Khan has appointed Justice (r) Azmat Saeed as head of the Broadsheet inquiry committee”, adding that the remaining members of the committee would be appointed with Justice (r) Azmat’s consultation.

  • SC approves Meesha Shafi’s workplace harassment case for hearing

    The Supreme Court (SC) of Pakistan on Monday approved Meesha Shafi’s harassment case against Ali Zafar for hearing. As per details, Pakistan’s top court granted leave to Shafi in her harassment case against Ali Zafar. This means that the SC has granted permission to hear the appeal based on its legal points and will deliberate whether Shafi’s accusations of sexual harassment come under the workplace harassment law.

    Furthermore, notices were issued to respondents Zafar and the Punjab Government by a three-judge bench of the apex court led by Justice Mushir Alam.

    Meesha explained that the legal issue has never before been decided by the SC.

    Meesha was represented by senior lawyer Khawaja Ahmad Hosain and Noor Ejaz Chaudhry.

    The singer’s appeal was earlier rejected by the Lahore High Court (LHC) and Punjab ombudsperson, who ruled that her allegations did not come under the workplace harassment law.

    On Sunday, Meesha had informed her fans and followers that the Supreme Court was to hear her appeal on whether a ‘self-employed person’ has the “right, as per the law, to be heard after being harassed and therefore expect justice on merit as an equal citizen”. She had thanked her well-wishers for standing by her and for making her feel “less alone”.

    Read more – ‘You don’t want change’: Meesha Shafi condemns critics of #MeToo

    Meanwhile, Twitter lauded the SC’s order, terming it a landmark move.

    https://twitter.com/aloofmaybe/status/1348565712260878338
    https://twitter.com/sobhagadi/status/1348564367814623233

    Background of the case

    In 2018, Meesha first came forward with allegations of sexual harassment against Ali Zafar. She later filed a complaint with the provincial ombudsperson. After her appeal was rejected, she approached Governor Punjab, who upheld the ombudsperson’s decision. Meesha then challenged the Governor’s decision in Lahore High Court which again dismissed Meesha’s case for hearing on grounds that she did not have an employer-employee relationship with the accused.

  • After PTA’s ban on PUBG and Bigo, Supreme Court hints at blocking YouTube in Pakistan

    Amid Pakistan Telecommunication Authority’s (PTA) ban on popular online multiplayer game PUBG and social networking application Bigo besides a “final warning” to TikTok, the Supreme Court (SC) has reportedly hinted at banning YouTube in Pakistan.

    According to The Express Tribune, the apex court, while hearing the case of one Shaukat Ali involved in a sectarian crime, objected to unregulated content on social media, particularly comments regarding the judiciary, the armed forces and the government.

    We have no objection to freedom of expression, remarked Justice Qazi Muhammad Amin. “Our salaries are paid from the money of the people, they have the right to raise questions on our decisions and our performance,” he said. “But the Constitution also grants us the right to privacy,” added Justice Amin.

    He remarked that family members of the judiciary come under scrutiny on YouTube and referred to a decision announced a day earlier, which was discussed on the platform and asked whether the PTA and the Federal Investigation Agency (FIA) had taken notice of such happenings on the platform where judges were mocked and embarrassed.

    A PTA official told the court that the PTA cannot remove objectionable content but can only report it.

    READ: Final warning to TikTok as PTA plans to ban it over vulgar content

    YouTube is banned in many countries, said Justice Mushir Alam, who was also on the bench. He asked whether anyone would dare post content against the United States (US) or the European Union (EU) on the platform.

    Justice Amin asked how many people had been prosecuted for such crimes while Justice Alam noted that social media was regulated through local laws in many countries.

    People are incited against the judiciary, the government and the armed forces, remarked Justice Amin.

    The court then issued notices to the attorney-general of Pakistan (AGP) and the Foreign Ministry on the matter.

    Pakistan’s digital space has been frequently restricted and is monitored closely through laws such as the Prevention of Electronic Crimes Act 2016 as well by the federal agencies PTA and FIA.

  • Supreme Court criticises NDMA over lack of transparency in expenditure

    Supreme Court criticises NDMA over lack of transparency in expenditure

    The Supreme Court (SC) has criticised the National Disaster Management Authority’s (NDMA) failure to ensure transparency in expenditures pertaining to the coronavirus pandemic and locust control.

    A five-member bench of the apex court, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed, heard the coronavirus suo moto case, during which the CJP suggested abolishing the NDMA over the authority’s failure to explain its expenses.

    NDMA has yet to submit crucial documents, observed the CJP. “Where are the documents permitting imports of machinery from Al-Hafeez Crystoplast (Pvt) Ltd?” he asked. The CJP also inquired why the documents have not been submitted despite directives being issued thrice in this regard. Where are the details pertaining to chartering the aircraft and its payments, he asked further.

    The director of NDMA maintained before the court that the authority did not import machines from Al-Hafeez company.

    The owner of the company has yet to appear, noted the CJP. The real issue is non-compliance with customs and other laws, he remarked.

    Meanwhile, Justice Ijazul Hasan noted that the cost of the machinery has not been disclosed in the documents.

    Over Rs10.7 million was paid for the charter, observed the CJP. How were the payments made according to the charter agreement, he asked. How can someone give this much cash in Karachi, asked the CJP.

    Where are the documents pertaining to imports of vaccine and the medicines, asked the CJP

    The relevant authorities will have to satisfy the court, said the Attorney General.

    The CJP observed that it appeared that the NDMA would have to be abolished as its chief has failed to provide explanations.

    Perhaps a lot has gone wrong and attempts are being made to cover up, observed the CJP. Should contempt of court notices be issued to the NDMA chief, he asked.

    The institutions of the country should be run in a transparent manner, said the chief justice.

    The NDMA was given a free hand and hefty amounts to deal with the coronavirus pandemic, said Justice Hasan. The authority is answerable to the court and the people, he added.

    The NDMA is acquiring planes and machinery for locust control, noted the CJP. Transparency will have to be ensured through documents and not just verbal statements, he remarked, adding that it was not comprehensible how billions of rupees were being spent.

    From corona to floods to locusts, everything has been handed over to the NDMA, remarked Justice Hasan. But the NDMA’s admin member himself does not know anything, he added.

  • PIA & 150 pilots ‘with fake licences’

    PIA & 150 pilots ‘with fake licences’

    The Supreme Court (SC) has taken notice of reports of pilots allegedly flying planes in Pakistan without licences.

    Chief Justice of Pakistan (CJP) Gulzar Ahmed has summoned a reply from the director general (DG) of civil aviation within two weeks, directing him to explain how and why these fake licences are issued and what action is being taken against the people who issue them.

    Putting passengers’ lives at risk is a major crime, the CJP said and also summoned the heads of Pakistan International Airlines (PIA), Air Blue and Serene Air at the next hearing, directing them to submit reports verifying the licences of their respective pilots.

    PIA GROUNDS 150 PILOTS:

    In a related development, PIA announced on Thursday that it will be grounding nearly 150 out of its 426 pilots amid an inquiry that they hold “dubious” licences.

    A day earlier, Minister for Aviation Ghulam Sarwar Khan said 262 pilots, out of total 860 in the country, have suspicious flying licences and would be grounded immediately.

    Talking to media in Islamabad, he said licences of these pilots are dubious.

    The minister stated that there are some pilots, who did not appear in any paper but managed to get the licences.

    He informed that the government has decided that all such pilots would be issued show cause notices and charge sheets so that they could not fly any plane.

    Sarwar said criminal proceedings would also be initiated against pilots with fake licences as the government could not allow anyone to put the lives of its citizens at risk.

    The decision comes at a time when an initial inquiry into a PIA plane crash was presented before the parliament by the country’s aviation minister, who also highlighted irregularities at the national carrier.

    PIA’S REACTION TO MINISTER’S CLAIM:

    Earlier, PIA asked the Aviation Division to provide a list of all quack pilots associated with the airline.

    PIA Chief Executive Officer (CEO) Air Marshal Arshad Malik wrote a letter to the Civil Aviation Authority (CAA) DG in reference to the minister’s claim that out of 264 fake or suspicious licences, around 150 belonged to PIA pilots.

    As an operator as well as the national flag carrier, he said, “It is a grave concern for us as many out of these 150 pilots must be flying PIA aircraft, which cannot be allowed after disclosure of fake/suspicious licences scam by [the] aviation minister”.

    Arshad Malik reminded the top CAA official that he had penned a similar letter to the aviation secretary for the provision of a list of those PIA pilots having fake or suspicious licences but no response had so far been received.

  • Justice Qazi Faez Isa receiving death threats, wife tells police; CJP takes notice

    Justice Qazi Faez Isa receiving death threats, wife tells police; CJP takes notice

    The wife of Supreme Court’s (SC) Justice Qazi Faez Isa, Sarina Isa, has informed the police that her husband has received a death threat via a video, prompting Chief Justice of Pakistan (CJP) Gulzar Ahmed to take suo motu notice.

    In an application seeking the registration of an FIR [First Information Report] at Islamabad’s Secretariat Police Station, Sarina claimed that the person threatening Justice Isa said whoever was caught involved in embezzlement, whether it be Faez Isa or anyone else, should be executed through a firing squad.

    “Those who indulge in such activities must be hanged and the entire city should be invited to watch it,” the person in the video said, according to Justice Isa’s wife.

    Sarina said that many powerful people were not happy with her husband and she suspected the death threat was in continuation of what they have been facing.

    She said that a complaint against her husband was also submitted by a person named Abdul Waheed Dogar.

    “My husband asked who Abdul Waheed Dogar is but no one in the government disclosed that for whom Dogar worked,” she said, claiming that Special Assistant to the Prime Minister (SAPM) on Accountability Shahzad Akbar had met Dogar, urging the police officials to investigate the whereabouts of Dogar, who, according to her, was being used by “some very powerful people”.

    She urged the police officials to arrest those “powerful people” who wanted to get rid of Justice Isa, calling it the “worst kind of terrorism”.

    SUO MOTU NOTICE:

    Meanwhile, the top judge has taken suo motu notice of the video containing derogatory and scandalous remarks about members of the judiciary.

    According to a notification, a copy of which is available with The Current, the CJP will be taking up the case for hearing tomorrow at the SC.

    The CJP has taken notice of the viral video containing derogatory, contemptuous and scandalous language against the institution of judiciary and judges, read the notification, adding that the case will be heard by a bench of the apex court on June 26 (tomorrow).

    REFERENCE AGAINST JUSTICE ISA QUASHED:

    The threats come days after the top court on Friday quashed the presidential reference filed against Justice Isa as well as the Supreme Judicial Council (SJC) proceedings that were started on the basis of the reference.

    A 10-judge full court had issued the verdict after hearing for over six months multiple petitions filed against the reference that claimed that Justice Isa had committed misconduct by not disclosing his family members properties in the United Kingdom (UK) in his wealth statement.

    “Reference No 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence, thereof the proceedings pending in the SJC against the petitioner [Justice Isa] including the show-cause notice dated 17.07.2019 issued to him stand abated,” said a short order.

    In the split verdict, announced by the presiding judge Umar Ata Bandial, seven out of the 10 judges referred the matter to the Federal Board of Revenue (FBR) for initiating tax proceedings against Justice Isa’s spouse and children for not disclosing their UK properties to the tax authorities while filing their returns.