Tag: Supreme Court

  • Toshakhana Case: Court rejects Imran Khan’s withdrawal petition

    Toshakhana Case: Court rejects Imran Khan’s withdrawal petition

    The Islamabad High Court (IHC) on Wednesday rejected the plea of former prime minister Imran Khan to withdraw his petition challenging the Election Commission of Pakistan’s (ECP) decision on his disqualification in the Toshakhana case.

    On October 28, 2022, the former Pakistan. Tehreek-e-Insaf (PTI) chief filed a plea against his disqualification by the electoral body. He filed another petition on January 18, 2023, to withdraw his appeal against ECP.

    Imran Khan requested the withdrawal of his plea from IHC as the matter is pending before Lahore High Court (LHC).

    Justice Aamer Farooq announced the verdict, reserved on September 13, today, after hearing the arguments of all parties.

    The ECP disqualified Imran Khan on October 21, 2022, under Article 63(1)(p). The electoral watchdog said in its verdict that the PTI founder is not a member of the National Assembly anymore, and he is disqualified for making “false statements and incorrect declaration”.

    The decision of Khan’s disqualification was taken by the five members’ bench, and the ECP stated that Imran was found involved in corrupt practices, including submitting a false affidavit.

  • Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice of Pakistan Qazi Faez Isa, has ordered that two luxury vehicles, allocated for his use by both the federal and Punjab governments, should be auctioned, as per Geo News.

    The decision comes as Chief Justice Isa deems the allocation an “inappropriate splurge of scarce public resources.”

    The Supreme Court registrar communicated the Chief Justice’s decision through a letter addressed to the federal government, cabinet secretary and Punjab chief secretary.

    The letter revealed that in September 2020, the apex court purchased a new Mercedes Benz, 2996 CC sedan for the Chief Justice at the cost of Rs61 million.

    Furthermore, the Government of Punjab provided a brand new bullet-proof Toyota Land Cruiser with registration number LEG-S00 for the use of the Chief Justice of Pakistan.

    The vehicle is currently stationed at the Supreme Court Rest House in the Government Officers Residence (GOR), Lahore.

    The communication emphasized that, by established rules, every judge of the apex court is entitled to two vehicles.

    “Justice Isa has not used the said Mercedes sedan nor the Toyota Land Cruiser,” said the letter. It further stated that it is an “inappropriate splurge of scarce public resources to buy imported luxury vehicles for the use of constitutional and public office holders”.

    “Therefore, these vehicles may be collected and auctioned and the money realised from the sale be spent on much needed public transport,” said the letter.

    Justice Isa took oath as the 29th CJP in September of this year after his predecessor Umar Ata Bandial hung up his robes.

    Justice Isa’s tenure as the country’s chief justice, however, will be quite brief, as he is set to retire from the position on October 25, 2024.

    He took oath as the apex court’s judge on September 5, 2014.

  • Rifts in PTI over ‘selection’ of new Chairman

    Rifts in PTI over ‘selection’ of new Chairman

    In a dramatic turn of events within the Pakistan Tehreek-e-Insaf (PTI), founding member and dissenter Akbar S. Babar has raised concerns over the nomination of Barrister Gohar Ali Khan for the party chairman’s position.

    Accusing the move of being more of a “selection than an election,” Babar, who previously filed the foreign funding case against the PTI, expressed doubts about the transparency and credibility of the intra-party election process.

    He said, “This must be a first that elections for the party’s central leadership have been announced without its electoral college in place as the electoral college of PTI’s central leadership is an elected provincial leadership which does not exist.”

    According to Babar, the prolonged intra-party election process, initiated during the COVID-19 pandemic with a one-year extension granted by the Election Commission of Pakistan (ECP), has failed to live up to the party’s commitment to transparent and fair elections.

    Babar proposed that the Commission should appoint ‘obervers’ to monitor the PTI intra-party elections as it is already discussing the matter.

    Babar, who served as the party’s central information secretary and vice-president in the past, claimed that it appears that the PTI has learnt hardly any lesson from its past history of holding rigged intra-party elections.

    The decision to nominate Barrister Gohar Ali Khan, described as a ‘newcomer,’ has sparked internal discord within the party.

    Some party leaders drew parallels between this nomination and the controversial appointment of Usman Buzdar as the Punjab chief minister, a move that faced criticism for its perceived lack of merit.

    The selection of Barrister Gohar Ali Khan over other loyalists within the party, such as Ali Muhammad Khan, Senator Humayun Mohmand, and Advocate Hamid Khan, has raised eyebrows among insiders.

    One party leader, speaking anonymously to Dawn, voiced apprehensions about Khan’s association with PPP leader Barrister Aitzaz Ahsan, considering it an unwise move given the sensitive nature of the party chairman position.

    “Unfortunately, Imran Khan has again done an experiment, just like Usman Buzdar, who left him when his difficult time started. The position of the party chairman is very sensitive and it could be used against the party,” he feared.

  • Who is Barrister Gohar Khan?

    Who is Barrister Gohar Khan?

    Barrister Gohar Khan is an advocate of the Supreme Court of Pakistan and appears in all high courts as well.

    He is from Khyber Pukhtunkhwa’s Buner district and was formerly affiliated with Pakistan People’s Party (PPP), contesting on a National Assembly seat from there in 2008 on PPP ticket.

    He joined Pakistan Tehreek-e-Insaf (PTI) in 2022 in the presence of former Chief Minister Khyber Pukhtunkhwa Pervez Khattak who himself has left PTI to form his own political party Pakistan Tehreek-e-Insaf Parliamentarians (PTIP).

    The Barrister is a law graduate from Wolverhampton University, UK with LLM from Washington School of Law, USA. Gohar has been in active law practice with more than 50 reported judgments to his credit on subjects ranging from taxation, commercial, corporate, arbitration, banking, election, etc.

    The new chairman of PTI has civil and criminal trials experience, and even has the honour to appear before the Supreme Judicial Council, Field General Court Martial, and its Court of Appeal.

    His clients include public and private companies and important persons, including Imran Khan.

  • Who will be the chairman of PTI?

    Who will be the chairman of PTI?

    A tumultuous day unfolded within the ranks of the Pakistan Tehreek-e-Insaf (PTI) as conflicting statements emerged regarding Imran Khan’s role in the upcoming intra-party polls.

    Senior Vice President Sher Afzal Khan Marwat asserted on Tuesday that Imran Khan, currently incarcerated in Adiala jail, had decided not to vie for the position of party chairman, citing legal constraints and his disqualification in the Toshakhana case.

    PTI clarified that discussions were still going on about crucial matters related to intra-party elections, emphasizing that no decision had been made regarding Imran Khan’s participation or the nomination of an alternative leader.

    Despite the party’s denial, Marwat stood by his initial statement. He took to X (former Twitter) and said, “Whatever I have said in my media talk about the intra-party election is a correct statement. The decisions were taken by Chairman PTI in the presence of Senator Ali Zafar, Barrister Gohar Umair Niazi and myself. I fail to understand who is behind the contradiction and why the misleading statement was issued. The media are advised to verify my statement with the above persons if you don’t mind.”

    Attempting to shed light on the situation, PTI Senator Ali Zafar appeared on a Geo News show on Tuesday, stating that there was no confusion within the party.

    “Two to three decisions were made together with him. Firstly, he asked what is the legal status of the ECP’s order to hold intra-party elections so I told him that it is illegal and we should appeal so the decision was made to appeal it,” he said.

    Zafar clarified that discussions also revolved around Imran Khan’s potential participation in the elections and the perception that the ECP might hinder the PTI’s symbol of the bat.

    He said finally a decision was reached that, if need be, if there was any concern arose that the ECP would raise an objection if Imran contested the elections, “then it is better than that that we at the moment hold elections in which Imran Khan doesn’t contest and we nominate someone else [for party chairman].”

    Zafar pointed out that a final decision remained to be taken on the above matter after considering all legal aspects, adding that he would announce the “exact decision” of whether Imran would contest the intra-party elections or not tomorrow.

    “If he (Imran) nominates someone else and a final decision is taken then elections will be held,” Zafar said.

    Marwat then appeared in Ary News show 11th hour with Waseem Badami and confirmed that Barrister Gohar’s name has been finalized for the chairmanship.

    While talking about the backlash he faced on social media after his initial statement, he tweeted, “Those maligning me constantly, kindly stop portraying me desperate for leadership! I didn’t come here on motive to conquer politics. It needs alot of courage to fight under these pressure circumstances. Anyone who is loyal to Pakistan, would appreciate efforts I am making. I am standing with Imran Khan and Pakistan in these difficult times because I believe in adversity, all of us must fight back against this oppression and not give up.”

    Former Governor Punjab, Latif Khosa, also entered the debate on Wednesday and said, “We can’t even think about minus Imran Khan. Imran Khan has denied all these claims.”

    The entire fiasco ended when it was officially announced by PTI that Barrister Gohar would be the candidate for chairman in intra-party election.

  • PTI all set to hold intra-party elections

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has given the green light for intra-party polls as general elections loom closer.

    The decision was made during a PTI Core Committee meeting, where the party’s legal team proposed the holding of intra-party elections.

    Intra-party elections will be held on Friday.

    The committee approved the schedule and deliberated on the prevailing political situation, organizational activities, and ongoing cases against party members.

    Barrister Ali Zafar, PTI’s parliamentary leader in the Senate, said the Election Commission of Pakistan (ECP) had earlier declared the party’s intra-party election null and void due to technicalities.

    “To avoid any discrepancies with the ECP, another leader may temporarily stand in for the PTI Chairman during this election,” he said.

    The PTI core committee expressed its commitment to democratic processes within the party and emphasized the importance of upholding democratic values in all aspects of political engagement.

    Previously slated for June 13, 2021, under PTI’s constitutional framework, the intra-party elections faced postponements, drawing a show-cause notice to Imran Khan from the ECP in May 2021 due to the delay.

    The ECP granted PTI an extended deadline, shifting the intra-party elections to June 13, 2022. Yet, the party failed to meet this revised timeline, prolonging the unresolved status of its intra-party polls.

    The commission had issued warnings, citing potential repercussions under the Elections Act, 2017, that could render the party ineligible for future polls if non-compliance persisted.

    What is an Intra-Party election?

    Intra-party elections in Pakistan refer to the process of electing leaders and representatives within a political party. This is distinct from general elections where the public votes for candidates from different parties. Intra-party elections are a key aspect of internal party democracy and governance.

  • Show cause notice issued to Justice Mazahar Ali Akbar Naqvi

    Show cause notice issued to Justice Mazahar Ali Akbar Naqvi

    The Supreme Judicial Council (SJC) issued a detailed show-cause notice to Justice Mazahar Ali Akbar Naqvi on Wednesday, urging him to respond within 14 days.

    The show-cause was served with a 4-1 majority vote, with Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Sardar Tariq, Justice Ameer Bhatti, and Justice Naeem Afghan voting in favor, while Justice Ijazul Ahsan dissented.

    The notice comes in response to 10 complaints filed against Justice Naqvi, addressing allegations of financial misconduct and possessing assets beyond means.

    Ten complaints include the complaints of Mian Dawood, a Lahore-based lawyer, Pakistan Muslim League- Nawaz Lawyers Forum, Punjab, PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha and Advocate Ghulam Murtaza Khan, for amassing illegitimate assets and misconduct.

    During the SJC meeting, complainants presented evidence, while Justice Naqvi’s objections were also reviewed by the council.

    Justice Naqvi previously challenged the SJC inquiry, asserting that it was launched based on alleged misconduct and assets beyond means.

    The objections raised by Justice Naqvi were examined during Tuesday’s meeting by council members, who also heard perspectives from complainants.

    The allegations against Justice Naqvi involve financial misconduct, and the show-cause notice underscores the seriousness with which the SJC is approaching the matter.

    The hearing is scheduled to continue, and Justice Naqvi’s response will be pivotal in determining the course of the proceedings.

  • Lahore High Court gave Pervez Musharraf relief which he didn’t even ask for

    Lahore High Court gave Pervez Musharraf relief which he didn’t even ask for

    The Supreme Court of Pakistan has questioned the Lahore High Court’s (LHC) decision to overturn the death sentence of former military dictator Pervez Musharraf.

    The initial death sentence was imposed by a special court in December 2019 on charges of high treason.

    The Chief Justice of Pakistan, Qazi Faez Isa, leading a four-judge bench, expressed astonishment at the approach taken by LHC, suggesting that it may have exceeded its jurisdiction in the matter.

    “At best, the LHC could do was to allow the prayers sought in the petition, but what the court did was uprooting the special court itself,” Justice Isa said.

    The special court had originally adjudicated the high treason charges against Musharraf.

    A four-member bench, headed by Chief Justice of Pakistan Justice Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Amin-ud-Din Khan conducted the hearing of the appeals of Bar Councils and others against the judgment of a three-member bench of the LHC.

    The Supreme Court’s scrutiny focused on the LHC January 2020 order, which not only declared the special court’s ruling unconstitutional but also entertained Musharraf’s appeal against his death conviction.

    A three-member bench of the LHC, headed by Justice Syed Mazahar Ali Akbar Naqvi, and comprising Justice Muhammad Masood Jahangir and Justice Ameer Bhatti on January 13, 2020, had declared; “The Special Court was established without an iota of doubt that very basis of initiation of proceedings against the petitioner/ General (R) Pervez Musharraf, since its inception to the culmination are beyond the constitutional mandate, ultra vires, coram-non-judice, unlawful, hence, any superstructure raised over it shall fall to ground.”

    It further said; “Trial in absentia is declared as illegal, unconstitutional being repugnant to injunctions of Islam, as well as, Article 2-A, 8 and 10-A of the Constitution.”

    Pervez Musharraf passed away earlier this year, on February 5, after a prolonged illness.

    The Supreme Court’s review also brought attention to concerns about the LHC’s territorial jurisdiction.

    Justice Syed Mansoor Ali Shah noted that the constitution of the special court was never directly challenged.

    The Chief Justice cautioned against labeling Musharraf as an absconder during the hearing, as it could prejudice the ongoing appeal.

    The hearing is set to continue next Tuesday.

    The Supreme Court has asked the petitioner’s counsel to conclude arguments on Musharraf’s petition against the Special Court judgment.

  • PTI ko ‘ballay’ ka nishan milna mushki hogaya

    PTI ko ‘ballay’ ka nishan milna mushki hogaya

    The Election Commission of Pakistan (ECP) has ruled against the Pakistan Tehreek-e-Insaf (PTI) in a matter related to the party’s intra-party elections and the issuance of election symbols, as per Geo News.

    The Election Commission of Pakistan (ECP) on Thursday ruled that the Pakistan Tehreek-e-Insaf’s (PTI) intra-party polls were not transparent, ordering the party to hold new elections if it wishes to retain its ‘bat’ symbol.

    The PTI has been asked by the commission to hold fresh elections within 20 days in a reserved verdict announced today.

    “PTI’s intra-party elections cannot be accepted,” stated the verdict, directing it to hold polls and submit the record within seven days.

    “If PTI fails to hold elections within 20 days then it will have to face severe consequences. In case of failure to hold [intra-party] elections, the [PTI] will not be eligible to secure an election symbol,” said the verdict.

    During the hearing, PTI’s legal counsel, Barrister Gohar, revealed that the intra-party elections were conducted before amendments to the party constitution and were later reverted.

    According to the Election Commission’s previous reserved decision on September 13, it was stated that PTI’s intra-party elections were not transparent and did not adhere to the party constitution.

    Speaking to Geo News, PTI spokesperson Barrister Gohar Ali asserted that the PTI Chairman can contest elections and will do so as long as the ballot symbol remains with them.

    He emphasized that the Chairman cannot be disqualified, and the Election Act, under Articles 62 and 63, does not bar Imran Khan from participating in elections.

    Barrister Gohar further clarified that the Chairman was only penalized in one case, which was declared void by the High Court, and he remains eligible for all offices. He reiterated that the Chairman has the authority to lead the elections and will continue to do so.

    In response to the Election Commission’s decision, the PTI spokesperson expressed disappointment, stating that the commission did not fulfill the demands of justice, and the decision seemed to be delayed for some specific purpose.

    He announced that they would challenge the order at the appropriate forum and asserted that the ballot symbol will remain with them.

  • Supreme Court bans the use of ‘Sahib’ for government servants

    Supreme Court bans the use of ‘Sahib’ for government servants

    Supreme Court of Pakistan has banned the use of the word ‘Sahib’ with the titles of government officials, The News reported on Thursday.

    This ruling came about when Additional Advocate General Khyber Pakhtunkhwa presented the case of the murder of a nine-year-old child.

    During the hearing, the apex court expressed its disappointment with the quality of the investigation by the Khyber Pakhtunkhwa Police. Chief Justice Qazi Faez Isa reproached the public prosecutor for calling a deputy superintendent of police “sir”, adding that the titles have addled minds. The official was only a DSP and that too ineligible, he added to that effect.

    Justice Isa remarked, “Supreme Court has been made a court of magistrate. Is it some joke? Should there be no arguments and we go on merely looking at the faces of lawyers. Was one file so heavy that two officers brought it from KP to Islamabad? Petrol and TA, DA free. While getting print from WhatsApp is costly.”

    The court granted bail to the accused.