Hasnaat Malik

Oct 112017
 

ISLAMABAD: A constitutional petition has been filed in the Supreme Court challenging the Judicial Commission of Pakistan (JCP) decision not confirm job  to Lahore High Court (LHC) female judge Erum Sajjad Gul. The petition has been filed by former LHC judge Nasira Iqbal through Shah Khawar advocate under Article 184 (3) of the Constitution against the commission’s decision not confirm the job of LHC female judge. Erum worked as LHC judge for two years. The plea states that non-confirmation of Justice Erum Sajjad Gul is clear violation of Article 25 of the Constitution and it is major setback for women in Pakistan and discouraging female lawyers that they are not competent to be high court judges. G-B’s first female judge: Amna Zamir – making her mark in a male-dominated world It is contended that she was a competent judge but she was not confirmed for the unknown reasons. The petition also states that the apex court’s senior most judge had left a note that all judges seeking confirmation be confirmed but the JCP gave no weightage to the note left by him. It is also submitted that the Parliamentary Committee unanimously sent the matter to the commission for reconsideration of her confirmation. The petitioner requested the top court to set aside JCP’s May 4 decision for not confirming the job of the female judge and directed the commission to decide the matter sent by the Parliamentary Committee. The post Female LHC judge challenges decision to not confirm her appeared first on [Read More…]

Aug 132017
 

ISLAMABAD: Although deposed PM Nawaz Sharif has been delivering fiery speeches against his disqualification, he had  undertaken before the top court that he would accept its verdict in the Panamagate case. On November 1 last year, Sharif’s counsel, Salman Aslam Butt, had submitted on his client’s behalf that “he [Sharif] accepts the formation of the commission to inquire into all the allegations made in the petitions relating to the alleged illegal acquisition of the properties and alleged misdeclaration in the returns filed before the Election Commission of Pakistan”. The statement further read: “If the allegation pressed stand proved against him personally by a final determination of this court then he shall accept the ensuring legal consequences.” Nawaz says people of Pakistan have rejected his disqualification However, a member of Sharif’s legal team said the allegations mentioned in the statement had not been proven so far. “The matter has been referred to the National Accountability Bureau (NAB) for further investigation and so there will be another trial,” he added. The senior legal expert said the Sharif family had made a major mistake by not challenging the maintainability of the petitions in the case. Another member of the legal team believes that the family had committed a blunder by delaying the issue. “They had the chance to resolve the matter in the parliament and through NAB. It would have been better for them if the case had been decided during the tenure of former chief justice Anwar Zaheer Jamali,” he added. The post Nawaz had undertaken to accept SC verdict [Read More…]

Nov 302016
 

ISLAMABAD: The Supreme Court observed on Wednesday that there was no money trail of the Sharif’s London flats. During the hearing, Justice Asif Khosa observed that there was no trace of transfer of money from Pakistan to a foreign country. The apex court was hearing a case pertaining to the alleged offshore wealth of the premier’s family in London. Earlier, Pakistan Tehreek-e-Insaf (PTI) chairman Imran Khan’s counsel Naeem Bukhari submitted a two-page summary of a transaction questioning the Sharif family’s investment of Dhs 12 million in Qatar in 1980 despite owing the Bank of Commerce and Credit International (BCCI) Dhs 14 million. Justice Azmat Saeed Sheikh remarked that the Sharifs had failed to explain how they had cleared the aforementioned dues in 1980. He also observed that the Sharifs had also failed to explain how they had financed the construction of Jeddah Steel Mills. Panamagate case: PTI seeks to prove Sharif family owned London flats in 1999 The bench also observed that there was no similarity between the signatures of premier Nawaz Sharif’s cousin Tariq Shafi on an affidavit and a contract presented before the court. Bukhari also contended that the Sharifs had failed to produce a single document showing how money had been transferred from Pakistan to Dubai, Doha, Jeddah and London. PTI chairman Khan has been pleading his case against the Sharif’s offshore wealth and to defend himself before a different bench of the apex court for allegedly concealing his sources of income. The party claims to have come up with fresh evidence this week [Read More…]

Nov 272016
 

ISLAMABAD: The Supreme Court has declared that when a government is involved in commercial activities, then it must be treated on a par with its competitors in the private sector. The two-judge bench of the apex court, headed by Justice Mian Saqib Nisar, has adjudicated over a 21-year-old dispute between the Punjab government and a private contractor. The litigation was started in 1993 and landed in the Supreme Court in 2004. Justice Mian Saqib Nisar, while authoring the judgment, says: “When a government enters into the domain of business and commerce, then it cannot be given a premium of its position, and must be treated on a par with its competitors or near competitors in the private sector.” The judgment says that commercial activities are being undertaken by governments for welfare purposes and for that reason they are to be treated as part of its functions. “The government in the exercise of its core functions viz, its executive, legislative, judicial and quasi-judicial, and administrative roles exercises sovereign powers. But when it engages in commercial activities, it is not exercising sovereign power; rather it is engaging in business/commercial activities and merits no undue advantage over ordinary litigants.” The judgment says that governments should litigate only where necessary and the might of the state should not be employed to make an ordinary litigant run from pillar to post. “It must be subject to the laws of the land. Its commercial activities must be regulated in the same manner as those of the private [Read More…]

Sep 252016
 

ISLAMABAD: Determined to implement its judgments, the Supreme Court is continuing to press for streamlining the country’s civil service structure. In May 2013, the apex court issued a comprehensive judgment, declaring all out-of-turn promotions, deputations, absorption and reappointments illegal in Sindh. The judgment was authored by Justice Amir Hani Muslim. The court in its ruling also defined parameters for deputation, absorption and reappointments of civil servants. It also declared that “no police personnel or civil servant is entitled to out-of-turn promotion on account of gallantry award or otherwise.” Later, proceedings were initiated for implementing the verdict. Over the past three years, thousands of federal and provincial government employees were either demoted or repatriated to their parent departments. Earlier, the main focus of the court’s proceedings was Sindh. Additional Advocate-General Qazi Shahryar said that the apex court was issuing contempt notices to relevant officers in various provincial departments across the country. Earlier this year, the bench led by Justice Hani initiated proceedings on compliance of its verdict in the federal capital and other provinces. In July, the Punjab police told the SC that it had withdrawn 10,884 out-of-turn promotions. Subsequently, the aggrieved Punjab police officers filed review petitions against their demotions or transfers. Likewise, at least 40 officials in the Capital Development Authority (CDA) were repatriated to their parent departments. These officials also moved review petitions against their repatriations. This week, a three-judge bench, led by Justice Hani, restrained all four provincial chief ministers from appointing assistant commissioners on quota basis. The [Read More…]

Jul 262016
 

ISLAMABAD: The top court issued show-cause notices to the Sindh chief secretary, works and services department secretary and two other officials of the education department over the non-implementation of its judgement on out-of-turn promotions, illegal deputations and absorptions. The three-judge bench of the Supreme Court, headed by Justice Amir Hani Muslim, took up on Tuesday different petitions regarding the non-implementation of its three-year-old verdict against out-of-turn promotions, illegal deputations and absorptions. Shafqat Hussain Mughal, whose parent department was the education department, was deputed in the Sindh Road Improvement Programme as a chief engineer. The said programme is part of the works and services department. Similarly, official Zahid Ali Shah’s parent department is the education department but he was deputed in a programme of the works and services department. Both were repatriated to their parent departments in view of the apex court’s judgment. However, the Sindh government again retained the officials in the works and services department. “We issue show-cause notices to Sindh chief secretary, works and services department secretary and beneficiaries to appear and submit their submissions,” the court ruled, adding that in case their replies are not satisfactory, contempt proceedings will then be initiated against them. The hearing of the case will be resumed after the summer vacations. During the hearing, Justice Muslim expressed annoyance over non-compliance of the top court’s judgment and observed that no one can be above the law on the basis of their relations. He added that the officials who violated their order should be sent [Read More…]

Jul 202016
 

ISLAMABAD: The Supreme Court Bar Association (SCBA) rejected on Wednesday PTI chief Imran Khan’s assertion regarding people distributing sweets after a possible military coup in the country, saying lawyers would resist any extra-constitutional move aimed at toppling the democratic set-up. President of the SCBA Ali Zafar told The Express Tribune: “We (lawyers) will support democracy no matter what stand political parties take.” He said that although lawyers believed democracy to be the best system of governance, it “does not mean they (lawyers) will stop criticizing the government over its incompetence”. Ali Zafar told the PTI chief that instead of giving such controversial statements, he should educate youth about the dreadful consequences of dictatorships. But, he said, when compared with any other institution in the country, the army was the only one which was organized and strong, adding that it helped the nation during floods as well as census. Regarding the Panama Leaks issue, he said that after the failure of political parties to frame the terms of reference (ToRs), he started consultation with office-bearers of other bars to devise strategy. According to him, the bar was planning to hold a roundtable discussion on the Kashmir issue next week, attended by representatives of all parliamentary parties, adding that envoys of the United Nations (UN), Europe Union (EU) etc were also scheduled to attend the meeting. “The main objective of this discussion is to pursue all political parties for evolving a uniform policy on the Kashmir issue” the SCBA president said. Published in [Read More…]

Jun 252016
 

ISLAMABAD: Chief Justice of Pakistan Anwar Zaheer Jamali has directed authities to make effective and concerted efforts to recover Sindh High Court Chief Justice’s son Ovais Ali Shah. Advocate Ovais was abducted from outside a supermarket in the upscale Clifton neighbourhood Monday noon, according to police. The CJP held separate meetings with Chief Secretary and Home Secretary Sindh, Director General Pakistan Rangers, Sindh Major General Bilal Akbar, IGP and other officials of the operation and investigation wings of police, at Supreme Court Karachi Registry on Saturday. Massive search on for son of Sindh top judge Chief justice observed that the abduction had sent wrong message to the masses and caused disappointment and sense of insecurity among judges and their families. Justice Jamali also directed chief secretary to employ all resources to ensure improvement in the law and order situation of Sindh in general and Karachi in particular. Earlier, the CJP was apprised about the measures so far taken by Sindh government for the recovery of the abductee. Police fear kidnapped SHC chief justice’s son will be used as bargaining chip Just two days after Advocate Ovais’ abduction, qawwali maestro Amjad Sabri was shot dead in Karachi while the whereabouts of the assailants still remain unknown. The post CJP directs authorities to take effective measures for Ovais Shah’s safe recovery appeared first on The Express Tribune. Click for detailed story

Apr 082016
 

ISLAMABAD:  A rape victim has appealed for strict action by the apex court against her alleged rapists whom she also accused of blackmail and intimidation. The applicant alleges she was raped by certain policemen and the owner of a private security agency for almost eight months. She claims that the alleged culprits did not just sexually assault her but also recorded videos and photographs of her to use as blackmail and were continuously threatening to upload them onto the internet if she reports the incident. In July 2015, the young woman, a native of Khanpur Bagga Sher village, Muzaffargarh said she went to a private security company for work. The owner offered her a job and after a week asked her to accompany him to a meeting. Her statement is that he took her to an isolated location and in an empty house raped and imprisoned her there. She also alleged that many innocent girls in Muzaffargarh have fallen victim to the criminal actions of the same gang of nominated accused. Published in The Express Tribune, April 9th, 2016. The post Plea to court: Rape victim seeks strict action against criminal gang appeared first on The Express Tribune. Click for detailed story

Mar 182016
 

ISLAMABAD:  The federal government has dismissed concerns surrounding provision of land for the proposed expansion of the US Embassy in Islamabad. Deputy Attorney General Sohail Mahmood submitted a one- page reply in the Supreme Court this week on behalf of the interior ministry in reply to a petition, filed by Wattan Party representative Barrister Zafarullah, which objected to granting the US mission more land. “Expansion of the US Embassy is a matter of bilateral interest and cannot be dictated merely on hear-say,” the government maintains in its reply. The Wattan Party had filed the petition in 2009 and asked the federation, through the cabinet secretary, secretary for the foreign affairs ministry and the Capital Development Authority to explain why 18 acres of land should be sold to the US. The party had argued that US mission in Islamabad currently has 38 acres of land and there was no need to allot an additional 18 acres to it. Instead, it suggested that embassy should be allowed to rent space in Islamabad to fulfil needs. “Islamabad is a very strategic place,” Barrister Zafarullah contended. However, the interior ministry said the matter was taken up with security agencies that have the mandate of vetting cases and giving no-objection certificates for land given leased to foreign missions, international non-governmental organisations, multinational corporations, among others. The ministry also termed allegations of turning Pakistan into a proxy of bigger power by allotting the land as flimsy. “Pakistan being responsible state is surely capable of steering things [Read More…]

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