Tag: Supreme Court

  • Cabinet names ex-CJP Tassaduq Hussain Jillani as head of commission

    The federal cabinet on Saturday officially approved the constitution of an inquiry commission to investigate the shocking allegations made by the six Islamabad High Court (IHC) judges and forwarded the name of former Chief Justice of Pakistan Justice (retired) Tassaduq Hussain Jillani as its head.

    The IHC judges — Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Fafat Imtiaz — sent the letter on Tuesday to Supreme Judicial Council headed by CJP Qazi Faez Isa.

    The letter sent shockwaves across the country as it underscored the alleged “interference” of intelligence agencies in legal matters of the court.
    Responding to the letter, the CJP and the Prime Minister held a meeting and a decision was reached to establish a commission to investigate the contents of the letter.

    Justice Jillani is known for his ‘balanced’ approach. He was awarded the 2020 J Clifford Wallace Award by the J Reuben Clark Law Society (JRCLS) to honor his “extraordinary career as a judge and a jurist”. He also received the 2023 American Bar Association (ABA) International Human Rights Award.

  • CJP throws weight behind commission to probe Judges’ letter

    CJP throws weight behind commission to probe Judges’ letter

    Chief Justice of Pakistan (CJP) Qazi Faez Isa on Thursday said that any “interference by the Executive in the affairs and judicial workings of Judges will not be tolerated”.

    The statement came through a widely anticipated press release by the Supreme Court after the CJP met with the Prime Minister of Pakistan Shehbaz Sharif yesterday regarding the six judges’ letter alleging meddling by spy agencies in judicial matters.

    The press release stated “under no circumstances can independence of judiciary be allowed to compromise,” adding that the CJP and the Senior Puisne Judge believed that an independent judiciary is a “foundational pillar which upholds the rule of law” and fosters a strong democracy.

    It added that a proposal was made to constitute an inquiry commission under the Pakistan Commissions of Inquiry Act, 2017 and it would be headed by a retired judge of “impeccable integrity” to probe into the allegations.

    The PM will undertake a Federal Cabinet meeting today to seek approval for the constitution of the said commission. The PM also assured the judges that his office will be taking strong measures to ensure judiciary’s independence.

  • IHC puzzled by FIA singling out Imran, Qureshi in cipher case

    IHC puzzled by FIA singling out Imran, Qureshi in cipher case

    The Islamabad High Court (IHC) on Wednesday questioned why the Federal Investigation Agency (FIA) was only specifically investigating former Prime Minister Imran khan and former Foreign Minister Shah Mehmood Qureshi for not returning the diplomatic cipher even though others involved in the case have done the same.

    Justice Miangul Hassan Aurangzeb gave his remarks during the hearing of appeals filed by both Khan and Qureshi against their conviction.

    Defence council Barrister Salman Safdar presented his argument that the concerned diplomatic cipher was sent to the top eight offices, including the president, PM’s principal secretary, foreign secretary, army chief, director general of Inter-Services Intelligence, chief justice of Pakistan and cabinet secretary.

    However, the defense argued, none of the mentioned recipients returned the diplomatic cable to the Foreign Office when the inquiry commenced in October 2022.

    The other recipients didn’t return the cable for over a year and did so only when proceedings were started against only the ex-PM and FM.

    Justice Aurangzeb asked for an explanation of this move by FIA, to which Barrister Safdar replied it showed “selective prosecution, political victimisation, colourable exercise of power and defective investigation”.

  • ‘Stop arresting journalists’; Supreme Court orders FIA

    ‘Stop arresting journalists’; Supreme Court orders FIA

    A three-member bench of the Supreme Court, led by Chief Justice Qazi Faez Isa, issued a directive instructing the Federal Investigation Agency (FIA) to refrain from arresting any journalists until the next hearing of the suo motu case concerning the alleged harassment of media personnel.

    During the hearing, the lawyer for the Press Association of the Supreme Court, Barrister Salahuddin, argued that action was taken against journalists in the name of violation of privacy. The chief justice asked the lawyer how he would define privacy.

    Salahuddin said that the FIA had become accustomed to the misuse of the Prevention of Electronic Crimes Act (PECA). He added that the Islamabad High Court (IHC) had declared PECA’s Section 20 null and void. He replied in negative, when the chief justice asked whether the decision was challenged.

    Chief Justice Isa raised questions about the issuance of notices to journalists under Section 160 of the Pakistan Penal Code (PPC) before the registration of any First Information Report (FIR).

    The chief justice pointed out that many times there was a pressure from the above, so the officials send a notice to ward off the pressure, yet no FIR was registered and no arrest was made. Under this notice, he added, they could call anyone as witness.

    In response, Salahuddin stressed the importance of providing comprehensive details alongside such notices and argued that notices should only be sent after the registration of an FIR. Chief Justice Isa, however, suggested that officials might be reaching out to individuals to ascertain information before proceeding further.

    The court adjourned the hearing until April 2, ordering the FIA to refrain from arresting journalists until then. Chief Justice Isa emphasized that the court would only invalidate legal processes if they were proven illegal, highlighting the need for clarity and adherence to due process in such matters.

  • Is Pakistan’s spy agency allegedly interfering in legal matters?

    Is Pakistan’s spy agency allegedly interfering in legal matters?

    Calls to investigate the ‘Islamabad High Court (IHC) letter to Supreme Judicial Council’ gain ground as the bar associations of Sindh, Lahore, Islamabad and Khyber Pakhtunkhwa and many senior legal experts express concern.

    Why? Earlier, six judges of the IHC penned a letter to Chief Justice of Pakistan Qazi Faez Isa expressing worry over alleged interference of intelligence agencies in judicial matters.

    The Sindh High Court Bar Association released a statement which said, “Interference in the affairs of the judiciary is tantamount to attacking the judicial system.”

    Similarly, the Islamabad High Court Bar Association condemned the alleged interference and reaffirmed its faith in the importance of autonomy of judiciary. “Public confidence in the justice system is linked to the independence and autonomy of the judiciary,” the bar said.

    Furthermore, Lahore Bar Association also expressed concerns and said, “Action should be taken against those who violate the constitution and law.” Khyber Pakhtunkhwa Bar Council also released a statement, “Interference in judicial matters is condemnable.”

    Meanwhile, the veteran legal expert and Pakistan Tehreek-e-Insaf leader Hamid Khan, commended the six judges for taking this ‘daring initiative’. He also said that this matter is significant and should be investigated in a judicial commission.

  • Six IHC judges call on SJC to probe spy agencies ‘intervention’

    Six IHC judges call on SJC to probe spy agencies ‘intervention’

    In an explosive letter written to Supreme Judicial Council (SJC) headed by Justice Qazi Faez Isa, six judges of the IHC — Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz — called on the SJC to summon a judicial convention over what they called the alleged interference of the executive, including operatives of intelligence agencies.

    “We are writing to seek guidance from the Supreme Judicial Council (SJC) with regards to the duty of a judge to report and respond to actions on part of members of the executive, including operatives of intelligence agencies, that seek to interfere with discharge of his/her official functions and qualify as intimidation,” read the letter.

    The Supreme Court had recently declared the removal of former IHC Justice Shaukat Aziz Siddiqui illegal after he had been removed from service when he alleged interference of intelligence agencies in judicial matters.

    It was also stated that in May 2023, “the brother-in-law of an IHC judge was abducted by armed men.” In another incident during the summer of 2023, surveillance equipment was discovered in the residence of another IHC judge and it had private recordings of their family members.

    In their letter, the IHC judges pointed out the lack of guidelines in the code of conduct for judges when they perceive a threat to the judiciary’s independence.

  • SC seeks details of military trials of civilians

    SC seeks details of military trials of civilians

    The Supreme Court (SC) has sought details of civilians being tried in military trials over their alleged role in May 9 riots. A six-member bench — led by Justice Aminuddin Khan and including Justice Muhammad Ali Mazhar, Justice Syed Azhar Hasan Rizvi, Justice Shahid Waheed, Justice Musarrat Hilali and Justice Irfan Saadat Khan — heard a set of intra-court appeals (ICAs) against its Oct 23 unanimous ruling nullifying the military trials of civilians.

    The case references 103 civilians currently in army trials for their alleged involvement in attacks on army installations.
    It is important to note that last year, a five member bench had unanimously declared military trials of civilians as null and void.

    However, on December 13, ruling on an appeal filed by the then-caretaker federal government and provincial governments of Punjab, KPK, Balochistan, in a 5-1 majority verdict, the SC conditionally suspended its previous ruling.

    Recently, former CJP Jawad S. Khawaja, who is one of the petitioners to challenge military trials, had requested for an early hearing, stating that continued presence of civilians in military custody was worrying. His counsel also objected to the size of the bench saying, “It is my request to the court to urge the SC committee to constitute a nine-member bench.”

  • Akbar S Babar challenges fresh PTI’s intra-party polls in ECP

    Akbar S Babar challenges fresh PTI’s intra-party polls in ECP

    Disgruntled Pakistan Tehreek-e-Insaf (PTI) founding member Akbar S Babar filed two separate petitions with the Election Commission of Pakistan (ECP) to challenge the party’s intra-party elections for the second time.

    The Supreme Court (SC) on January 13 upheld the ECP’s verdict regarding the party’s intra-party elections as invalid, leading the party to lose its ‘bat’ electoral symbol.

    A five-member ECP bench headed by Chief Election Commissioner (CEC) Sikandar Sultan Raja declared the PTI’s internal polls unlawful.

    In the fresh petition, Babar has requested the ECP to declare the recent intra-party polls invalid too.

    PTI’s fresh intra-party elections were held on March 3.

    The beleaguered party’s federal election commissioner Raoof Hasan formally announced last Sunday that Barrister Gohar Ali Khan and Omar Ayub Khan had been elected as the party’s chairman and secretary general unopposed, respectively, in the intra-party polls.

    Taking to journalists, Babar said that he moved the ECP against the “fresh fraud” of the PTI, adding that he was kept away from the intra-party elections.

  • Imran Riaz is missing again: Three possible reasons why we don’t know where he is right now

    Imran Riaz is missing again: Three possible reasons why we don’t know where he is right now

    Youtuber Imran Riaz Khan is under arrest once again and Pakistanis have a lot to say

    The reason for YouTuber Imran Riaz Khan’s arrest is currently disputed. The journalist was arrested Thursday night.

    Here are three possibilities behind his arrest:

    1. Earlier, Federal Investigation Agency’s (FIA) Cybercrime Wing had summoned Khan and journalist Asad Toor, for allegedly being a part of an anti-judiciary campaign on social media platforms, calling them to appear on February 23.

    2. According to court reporter A. Waheed Murad, Imran Riaz has been summoned by Lahore court to present his defence for taking the Darabi Lake contract along with his father in Lahore court.

    3. While his detention is being condemned, he is being criticised for recently resharing an inflammatory post on X (formerly Twitter) regarding the Supreme Court of Pakistan’s decision to grant bail to a member of Ahmadiyya community which sparked severe backlash.

    Khan is being criticised for further inciting hate and violence by resharing a hateful post.

    Even though the original post was deleted, his apparent endorsement remains condemnable.

  • Suspect involved in social media campaign against CJP Qazi Isa arrested

    Suspect involved in social media campaign against CJP Qazi Isa arrested

    Authorities have arrested a social media user suspected of being involved in a threatening campaign against Chief Justice of Pakistan (CJP) Qazi Faez Isa, Geo reports.

    Sources of The News identified the suspect as a social media user named Abdul Wasay, who lives in Rawalpindi. They said he used social media to run a “threatening campaign” against CJP Isa, where he threatened the chief justice and tried to damage his reputation.

    “The rest of the people involved in the campaign will be identified and legal action will be taken against them,” the sources claimed.
    The government has formed a joint investigation team (JIT) to investigate people who have been spreading harmful information on social media about Supreme Court judges, the Election Commission of Pakistan (ECP), and government officers.

    The JIT has been tasked to investigate mainly three specific points, according to a notification.

    “To ascertain facts behind malicious social media campaign attempting to malign the image of honourable judges of the Supreme Court of Pakistan, to identify and to bring the culprits to book in accordance with the relevant laws and cause presentation of challans in the courts concerned, and to recommend measures for prevention against the occurrence of such incidents in future,” read the notification.