Tag: IHC

  • Are we obsessed with the The Minor case?

    Are we obsessed with the The Minor case?

    The Minor is a household name these days. A young girl, came into the limelight when a case of a missing minor girl was reported in Karachi. The missing or allegedly abducted girl was later found in Punjab where she had gotten married and was apparently living a happy life with her husband. This is where the case unravelled.

    The Minor happens to be underage and her marriage to her husband is not considered a legal one per law. A girl/boy getting married under the age of 18 years is considered to be illegal. Earlier this year, Justice Babar Sattar of the Islamabad High Court (IHC) declared any marriages under the age of 18 years unlawful even though each province has different legal age for marriage.

    The problem, in this case, is that no one is talking about the law here. The Minor is being dragged to the hospital every now and then to check her age through medical tests. Her parents come on television, record videos, and say how their daughter has been trapped. The Minor, on the other hand, keeps saying that she is happy and is not under any pressure. The court allowed her to decide who to stay with instead of keeping her in a government shelter until everything had been settled, under the law. Legal observers have raised another question including why a medical test, which is not accurate, is allowed when NADRA documents prove that she is a minor. Did the court not trust NADRA records and if not, why? These questions have so far not been answered.

    In this case, we have left the main issue, i.e. underage marriage behind and are only catering to the drama that is unfolding: the fact that she sat on a cushion during an interview or that she wore make-up. Why is no one talking about how important it is for parents to talk with their children? Why is no one talking about how this case will impact the minds of children whose television screens keep flashing The Minor and her husband, the crying mother, and sister of The Minor ? Why is no one talking about how traumatic all this is for girls and boys of this age? Why is no one talking about how two children — who are apparently underage — got married after meeting online? Why did the boy’s family agree when the girl was quite obviously a minor? Why is there silence around these issues?

    We hope that parents start to have open conversations with their children and create an environment where children can speak openly and a relationship of trust is built between them.

  • ‘Produce missing persons or appear before court’: IHC sends notice to Musharraf, IK, PM Shehbaz

    ‘Produce missing persons or appear before court’: IHC sends notice to Musharraf, IK, PM Shehbaz

    The Islamabad High Court (IHC) has directed the government to issue notices to former President General Pervez Musharraf, former Prime Minister (PM) Imran Khan and the current PM Shehbaz Sharif for following an “undeclared tacit approval of the policy regarding enforced disappearances.”

    The court directed that the federal government shall produce the missing persons before the court on June 17 or justify the failure of the state to effectively investigate.

    IHC Chief Justice (CJ) Justice Athar Minallah said, “Musharraf and all other successor chief executives [PM Shehbaz and Khan] shall submit their respective affidavits explaining why the court may not order proceedings against them for alleged subversion of the Constitution in the context of undeclared tacit approval of the policy regarding enforced disappearances and thus putting national security at risk by allowing the involvement of law enforcement agencies, particularly the armed forces.”

    The court also noted that the involvement or even a perception of the involvement of the armed forces in acts “amounting to a violation of human rights and freedom of the citizens weakens and undermines the rule of law.”

    On Sunday, the high court issued a 15-page order in a case related to the disappearance of journalist Mudassar Mahmood Naro and five other people after their petitions were in their final phases, but the federal government requested an “adjournment.”

    The court also noted the fact that how the Pakistani media ignores this form of abuse and that reporting on the matter is not a priority. Moreover, the court also expressed dissatisfaction over the role of parliament in regard to the disappearances. It said that “they are the most important and crucial organs of the state but nothing has been placed on record to indicate that they may have adopted a proactive role to fulfill their Constitutional obligations.”

    Journalist Mudassar has been missing since 2018 from Khyber Pakhtunkhua.

  • Sindh House attack case: bail cancelled of PTI MNAs, back in jail

    Sindh House attack case: bail cancelled of PTI MNAs, back in jail

    Islamabad High Court (IHC) cancelled the interim bail of two accused Pakistan Tehreek-e-Insaf (PTI) Members of National Assembly (MNAs) Attaullah Niazi and Faheem Khan of being involved in the Sindh House attack.

    On March 18, PTI workers barged into the PPP’s stronghold in Islamabad, Sindh House to allegedly attack disgruntled PTI MNAs who were staying there to seek refuge from the former government.

    The decision was made during the hearing by Justice Tariq Mehmood Jahangir. Complainant Jamal Mandokhail’s counsel Raja Nazeer and the defendants’ lawyer Advocate Faisal Siddique presented their arguments before the court.

    After hearing their arguments, the two were arrested outside the courtroom.

    Other than them,12 PTI members were arrested by the Islamabad Police for being the part of protest.

  • ‘Every gift belongs to the office, not to be taken home’: High Court

    ‘Every gift belongs to the office, not to be taken home’: High Court

    The Islamabad High Court’s (IHC) Justice Miangul Hassan Aurangzeb has ordered to take Toshakhana gifts [state gifts] back from the officials who took them home and asked Deputy Attorney General Arshad Kayani to put the gifts on display.

    “People come and go but the Office of the Prime Minister remains at the same place. Every gift given [to the head of the state/government officials] belongs to their office, not to be taken home,” Justice Miangul Hassan remarked.

    The directives were issued during hearing of two petitions on the Toshakhana gifts matter, one by a citizen who demanded that the details should be put forward and the other by the Cabinet Division challenging that.

    The Justice directed to make a policy to ensure that the gifts received by the head of the state will only be deposited in the treasury. He also objected that the policy to pay a certain percentage of the gift’s value and take it home shouldn’t have been there.

    “There is no stay on the Pakistan Information Commission’s (PIC) order. The Cabinet Division is bound to provide information,” he observed. The case was adjourned for two weeks.

    However, the cabinet division challenged the PIC order in the high court, claiming that it is “illegal, without lawful authority”. The former government was of the view that the revelations of details of these gifts can affect Pakistan’s relations with the countries which have given the gifts.

    Earlier this week, an investigation by news organisation Fact Focus revealed that former PM Khan and his wife Bushra Bibi kept all 112 presents worth Rs142.02 million from the Toshakhana of Pakistan.

  • PTI’s Shahzad Akbar leaves for Dubai after name removed from ‘no-fly list’

    PTI’s Shahzad Akbar leaves for Dubai after name removed from ‘no-fly list’

    Special Assistant to former Prime Minister (PM) Imran Khan on Accountability and Interior Shahzad Akbar left for Dubai on Sunday after his name was removed from the FIA’s ‘stop-list’ on the order of the Islamabad High Court (IHC).

    According to Express Tribune, Akhbar departed via Islamabad International Airport for Dubai on an international airline at 3:30 am, from where he is expected to depart for the United Kingdom (UK).

    Last week, the FIA had put names of four Pakistan Tehreek-e-Insaf (PTI) members including former aides — Shahzad Akbar and Shahbaz Gill on “no-fly list.”

    However, on April 12 the Islamabad High Court suspended the notification. IHC Chief Justice Athar Minallah remarked that the court has already declared the blacklist illegal.

    He said, “We have already issued a verdict that no one’s name can be placed on this list.”

    IHC also suspended the ban on three other persons— former principal secretary Azam Khan, Khan’s ex-focal person on Digital Media Dr Arslan Khalid and Punjab Anti-Corruption Establishment Chairman Mohammad Nafees Gohar.

  • ‘Can anyone disappear without the govt’s will?’ IHC questions state of enforced disappearances

    ‘Can anyone disappear without the govt’s will?’ IHC questions state of enforced disappearances

    During a case hearing of missing Lahore journalist, Mudassar Naro at Islamabad High Court (IHC), Chief Justice (CJ) Athar Minallah said that enforced disappearances are ‘treason’.

    He said that such disappearances are not acceptable in a country that follows the Constitution. In the hearing, the additional attorney-general and judicial assistant appeared before the court.

    “Can anyone be disappeared without federal and provincial governments will? No,” the judge said. The judge then said that sections of the Anti-Terrorism Act are applied in such cases.

    The CJ asked if the inability to recover Naro is the failure of state agencies. He added that both governments should have looked into this matter.

    According to Geo News, Mudassar Naro has been missing since August 20, 2018. The disappearance occurred when he went to the northern areas with his wife and child. His wife and child returned but Naro has been missing ever since.

    His activist wife Saddaf Chughtai passed away last year due to a sudden cardiac arrest, leaving behind their four-year-old son.

    The Pakistan Federal Union of Journalists (PFUJ) has shown serious concern over the situation. They have also called upon Prime Minister (PM) Imran Khan and Minister for Human Rights Shireen Mazari to look into the case. However, after almost four years since his disappearance, his recovery hasn’t been made yet.


  • Supreme Court orders to open Monal restaurant in Islamabad

    Supreme Court orders to open Monal restaurant in Islamabad

    The Supreme Court of Pakistan has ordered to reopen Monal restaurant in Islamabad and suspended the previous order by the Islamabad High Court (IHC).

    At the hearing on Tuesday, Judge Mazahir Naqvi suspended the IHC order which was issued to close down the popular eatery spot.

    The judge asked angrily, “What is this monarchy?”

    “How can the orders be implemented before the documents were even signed,” he asked.

    The restaurant lawyer, Makhdoom Ali Khan, raised the point in the last hearing that the eatery spot was closed down before written documents were issued by the high court.

    He argued that the legal dispute between the Monal and Capital Development Authority (CDA) is still ongoing in civil court.

    He continued that the IHC announced the verdict without recording evidence. Monal restaurant was not even involved as a party in the case.

    On January 11, IHC ordered Islamabad’s Chief Commissioner to seal the Monal Restaurant in Margalla Hills National Park and Navy Golf Course after hearing a case against encroachments.

  • ‘Seems like PM Khan was not assisted correctly over PECA Ordinance’: Justice Minallah

    ‘Seems like PM Khan was not assisted correctly over PECA Ordinance’: Justice Minallah

    During the hearing of a plea challenging the Prevention of Electronic Crimes (Amendment) PECA Ordinance, 2022, Islamabad High Court (IHC) Chief Justice Athar Minallah reportedly issued a notice to the attorney-general of Pakistan and directed him to combine this petition with other petitions that are against PECA.

    Justice Minallah said that it seems like no one told the premier that there are laws for contempt other than PECA. He was referring to Prime Minister (PM) Imran Khan’s address yesterday. “It seems like PM Khan was not assisted correctly over PECA Ordinance,” said Justice Minallah, adding that the law is used against critics here.

    The plea was filed by former president of Lahore High Court (LHC) Bar Maqsood Buttar. In the petition, it was argued that the Federal Investigation Agency (FIA) doesn’t have the authority to deal with a matter between two private parties.

    Previously, the IHC chief called the amendment “draconian in nature”. He said it is even worse than the National Accountability Bureau (NAB) law.

    Last month, President Arif Alvi passed an Ordinance amending PECA 2016, an attempt to make online “defamation” of authorities, including the military and judiciary, a criminal offence with harsh penalties.

    The high court adjourned the hearing till March 10.

  • NAB writes to DC Lahore to sell Ishaq Dar’s house worth millions

    NAB writes to DC Lahore to sell Ishaq Dar’s house worth millions

    The National Accountability Bureau (NAB) has issued a letter to Deputy Commissioner (DC) Lahore to sell Pakistan Muslim League-Nawaz (PML-N) leader Ishaq Dar’s house in Gulberg, estimated to be worth millions of rupees, reports Geo News.

    Dar’s wife, Tabassum, had reportedly approached the Islamabad High Court (IHC) against the decision. Her lawyer argued that the house belongs to Tabassum. It was given to her on February 14,1989, and Lahore’s accountability court issued an order without investigating the matter.

    However, the high court rejected her plea. Earlier, the bureau had withdrawn Rs500 million from the former finance minister’s bank account and deposited it with the national treasury in a corruption reference against him. He was also declared an absconder in the case.

    Dar had earlier expressed his willingness to take his oath to Senate Chairman Sadiq Sanjrani as a member of the Senate “virtually” from the United Kingdom (UK) as he can’t come back to Pakistan due to his illness.

    However, Sanjrani declined Dar’s request to be administered oath as a senator either virtually or through the Pakistan High Commission in London, declaring that the Constitution and the rules do not allow him to do so.

  • ‘PM Khan is a predator of free speech’: Pakistanis denounce PECA Ordinance

    ‘PM Khan is a predator of free speech’: Pakistanis denounce PECA Ordinance

    Since the promulgation of the Ordinance amending the Prevention of Electronic Crimes Act (PECA) 2016 by the Pakistan Tehreek-e-Insaf (PTI) government, the law has been receiving a lot of criticism from the Opposition, civil society, journalists and even government allies.

    In a joint statement, the Opposition termed PECA “fascist and dictatorship”. The statement was released after a meeting between Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N) leadership, reports Geo News.

    Leader of the Opposition Shehbaz Sharif took to Twitter and said, “So-called ‘defamation’ amendment to PECA, promulgated by presidential ordinance, shows the real fascist face of the ruling clique.”

    PPP Chairperson Bilawal Bhutto- Zardari said that freedom of expression and press is being muzzled under the guise of preventing false news. “Khan Sahib himself is the biggest leader of fake news mafia in Pakistan,” said Bilawal.

    PML-N Vice President Maryam Nawaz was of the view that PECA is going to be used against the government.

    While condemning the Ordinance, PPP’s Senator Sherry Rehman said that such laws are unacceptable.

    Lawyer Reema Omer tweeted, “With PECA Ordinance, PM Imran Khan has proven yet again that he is a predator of free speech.”

    However, the Islamabad High Court (IHC) restrained the Federal Investigation Agency (FIA) from making arrests under Section 20 of PECA despite its promulgation by President Arif Alvi on Sunday, reports Dawn.

    Federal Minister of Information Technology and Telecommunication Amin Ul Haque has written to Prime Minister (PM) Imran Khan, urging him to either withdraw or review the Ordinance.