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Tag: Islamabad High Court

  • Avenfield trust deed can’t be called forged, says Islamabad High Court

    Avenfield trust deed can’t be called forged, says Islamabad High Court

    The Islamabad High Court (IHC) on Thursday observed that the Avenfield trust deed involving Pakistan Muslim League-Nawaz’s (PML-N) Vice President Maryam Nawaz and her brother Hussain Nawaz can’t be called forged or fake.

    A two-judge bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard the appeals of Maryam Nawaz and her husband Captain (retd) Muhammad Safdar against their conviction in the Avenfield properties reference.

    The court observed that since both Maryam and Hussain never disowned the Avenfield trust deed, it could not be a forgery.

    “The trust deed can be termed back-dated or that the font used in the said document was different, but this cannot be called forgery,” said Justice Farooq.

    The IHC judge made the observation when the bench was informed by the National Accountability Bureau (NAB) that they had proved forgery in the trust deed. The IHC stated that a lack of evidence would result in a different verdict.

    It mentioned that if the father made the property illegally and gave it to the son, would the daughter be found guilty? The court said that the petitioner should just prove that NAB could not prove the case, nothing else is required.

    Maryam Nawaz’s counsel, Irfan Qadir, said that NAB did not complete the basic details of the case, the actual value, and source of the assets were not mentioned in advance. Also, it does not meet the requirements of Section 9-A of the NAB Ordinance. If the court wants, it can give bail to Maryam Nawaz.

    NAB prosecutor Sardar Mazhar mentioned that Maryam Nawaz claimed to be the trustee of the property.

    “NAB has proved through evidence that Maryam was their beneficial owner and forgery in the trust deed, which was confirmed by the trust deed deposited in the Supreme Court before the Joint Investigation Team (JIT).”

    The court directed all the parties to look into the case papers and adjourned the hearing till February 17.

  • IHC indicts ex-GB judge Rana Shamim in affidavit case, defers journalists’ indictment

    IHC indicts ex-GB judge Rana Shamim in affidavit case, defers journalists’ indictment

    The Islamabad High Court (IHC) on Thursday indicted former Gilgit-Baltistan Chief Judge Rana Shamim for allegations that he levelled against former Chief Justice of Pakistan (CJP) Saqib Nisar in a signed affidavit in London.

    IHC Chief Justice Athar Minallah has deferred the framing of charges against the media personnel who were also named in the case, including journalist Ansar Abbasi and Jang Group owner Mir Shakeel-ur-Rehman.

    The contempt of court case is in accordance with the publication of an affidavit containing allegations that Saqib Nisar attempted to influence a case against former Prime Minister Nawaz Sharif and his daughter, Maryam Nawaz, to bring Imran Khan into power.

    The IHC chief justice said the court had been disrespected and questioned whether anyone had any issue with the high court.

    Justice Minallah said the court could not give a license for anyone to disrespect it. “[It is] not even realised that there was an attempt to influence a case [that was being heard in court]. This court believes in open accountability and welcomes it. Has there been any order from July 2018 till now on which this perception [of judges being compromised] fits?”

    “The article is not related to Saqib Nisar but it has to do with this court. People have been told the judges of this court are compromised. A case was fixed for hearing two days later when the story was published,” Justice Minallah said.

    The chief justice addressed Judge Shamim and asked if he had heard any contempt cases himself during his tenure as a judge. Shamim responded in the negative, saying he had neither heard such cases nor believed in the concept of contempt.

    At this point, Justice Minallah gave Judge Shamim the opportunity to present the arguments made in his petitions. Shamim said that in the first petition he requested that a fact-finding inquiry be conducted into the case instead of framing the charges. In the other petition, he requested for the attorney general to be removed as the prosecutor.

    He also said it was important for the requirements of justice that former CJP Nisar’s reply was also made part of the inquiry and cross-examined. “This will not be a case of criminal contempt unless the facts stated in the affidavit are proven wrong,” he argued.

    The court proceeded to reject Shamim’s petitions and indicted him.

    Moreover, adjourning the indictment against the journalists, Justice Minallah said that if it was found during the trial that the news story was published deliberately, then action would be taken.

    After the arguments, Justice Minallah adjourned the proceedings till February 15 and asked Shamim to present his written response.

  • Islamabad High Court orders closure of all sheesha cafes in the city

    Islamabad High Court orders closure of all sheesha cafes in the city

    Islamabad High Court (IHC) has ordered the local administration to shut down all sheesha cafes in the federal city with immediate action and submit a progress report to the court as well.

    The Anti-Narcotics Force (ANF) along with the Islamabad administration and police have mobilised their resources to initiate the crackdown on all sheesha cafes operating in Islamabad.

    The complete ban on sheesha was announced across the country led by the Supreme Court previously in 2015 but in the following year, the bench headed by Justice Gulzar Ahmed of the Supreme Court expressed displeasure over the sale and import of sheesha and tobacco smoking items despite the ban from the apex court.

    This time the court emphasised that action must be louder than words.

    The court also asked the advocate generals from the provincial governments about the implementation of previous orders regarding the ban on sheesha smoking in public spaces.

  • Want a hotshot space in jail? Report reveals bribery makes influential prisoners live easy

    Want a hotshot space in jail? Report reveals bribery makes influential prisoners live easy

    It has been revealed in a report that the powerful and rich class in prison are bribing guards for special perks and facilities.

    A team led by Director-General (DG) Human Rights visited the jails and submitted its report to the Islamabad High Court (IHC).

    The report said that prison officials acknowledge that they are under intense political pressure. It has also been revealed that influential prisoners from Jhelum and Mianwali are being kept in Adiala Jail due to pressure from the Home Department. The report also revealed that inmates of Bhakkar Jail had provided evidence of money transfer to jail authorities.

    According to the report, the brother of one of the prisoners gave evidence of giving one lakh 40,000 to a jail guard.

    The report further suggests that prison officials are not aware of basic human rights. The prison meeting registers also indicate discrimination against inmates for meeting times and frequencies.

    The report also states that when senior police and prison officials are shown around the premises, not all that is shown and told is true. The report recommends training in human rights for prison officials.

  • Follow up: What happened in the Usman Mirza case?

    Follow up: What happened in the Usman Mirza case?

    Usman Mirza is prime suspect in couple harassment case. A video of Usman Mirza and his friends went viral on social media in which they were torturing and assaulting a couple in Islamabad. Moreover, the accused persons continued blackmailing the couple after filming the couple in which they were forced to have sexual intercourse at gunpoint.

    Soon after the details were revealed, Prime Minister (PM) Imran Khan directed the police to ensure justice. However, recently the case has taken an unexpected turn. The following is the brief timeline of the incident which has created a debate on media platforms.

    July 6: A video of Usman Mirza harassing a couple went viral on social media which created an outrage across the country.

    July 7: Usman Mirza was arrested by Islamabad police.

    August 2: Mirza filed a bail plea but was rejected by Islamabad High Court (IHC) and he was sent to Adiala Jail till September 10.

    September 27: The police submitted a challan in the court, in which victims’ statements were recorded.

    September 28: Indictment of at least three suspects, including Mirza.

    October 3: Initiation of legal proceedings against the suspects.

    January 10: The lawyer of the victim reported that the victims’ mobile phones were switched off. Reports that victims had been paid off.

    January 11: On the day of the hearing, the female victim refused to identify any of the accused and said she does not want to pursue the case.

    She also told the court that she did not want to appear for subsequent hearings in the case. However, the judge told her that she would have to appear and adjourned the hearing for January 18.

  • ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    The Islamabad High Court (IHC) on Tuesday set January 7, 2022, as the date for framing charges against former Gilgit-Baltistan Chief Judge Rana Shamim and others in a case related to an affidavit that accuses former Chief Justice of Pakistan (CJP) Mian Saqib Nisar of colluding to deny bails to Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 elections.

    During the hearing today, CJ IHC Athar Minallah observed that Shamim’s written response submitted to the court had “laid the entire blame” on journalist Ansar Abbasi [the journalist who published the story accusing CJP Nisar], recalling that the former jurist had also maintained that he had not shared the affidavit with anyone.

    He added that in similar circumstances, courts in the United Kingdom asked journalists to disclose their sources but the IHC would not do so.

    “The judge [mentioned in] the affidavit was on leave at the time. Attempts were also made to cast doubt on the two judges on the bench,” Justice Minallah said.

    Justice Minallah said the matter had “nothing to do” with the former CJP. “Go and do what you want to do with Mian Saqib Nisar,” he remarked.

    He recalled that proceedings had started because of an attempt to cast suspicion on judges of the high court. “[This] perception is being created which everyone has started believing as true,” Justice Minallah said.

    “Where was that perception when bail was granted two weeks later by this same court?” he questioned.

    Attorney General of Pakistan (AGP) Khalid Jawed Khan said that the concerned document was very important in contempt of court case. Shamim’s counsel, Lateef Afridi, responded that Shamim had said the affidavit was a “private document” and was written at his wife’s request.

    “By now, even Rana Shamim must have come to know how sensitive this issue is,” Justice Minallah remarked.

    “Contempt of court cases were initiated against Firdous Ashiq Awan in [the IHC] and Imran Khan in the Supreme Court. What happened in those cases? Such cases are initiated and the court has to show mercy,” Afridi responded.

    Afridi said Shamim “did not know about the affidavit’s consequences when he wrote it”. The judge reiterated his question about who the beneficiaries were to which Afridi again responded that he did know and requested the court to not waste time on the issue since there were other cases pending.

    The chief justice remarked, “What if Kulbhushan Jadhav (Indian spy) submitted an affidavit saying his case should not be heard by this court since it is compromised? This is a serious matter. Understand the consequences of this affidavit.”

    Meanwhile, journalist Ansar Abbasi said that he had talked to Shamim a day before the report was published. “Rana Shamim also [messaged] me that what I read out was correct,” the journalist said.

    Subsequently, the attorney general requested the court to indict Shamim and others. Terming Shamim responsible since he was the one who wrote the affidavit, the AG said the ex-judge had committed contempt of court.

    “Since the past three days, there are [reports] that the affidavit was written in someone’s office. It is surprising that no denial has come forth,” the AG said.

    Shamim’s counsel responded that the matter had been denied in a TV interview. However, the AGP argued that no denials were made by those related to the matter.

    “Rana Shamim should accept that he was used and apologise. If he does, then I too will [ask the court] to not take action. If he doesn’t apologise, then set a date quickly for indictment,” the AG requested the court.

    Subsequently, the court set January 7, 2022, as the date for framing charges.

  • Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Ex-GB judge Rana Shamim submits controversial affidavit against former CJP Saqib Nisar in IHC

    Former Gilgit-Baltistan Chief Judge Rana Shamim on Monday submitted in the Islamabad High Court (IHC) his original affidavit accusing former Chief Justice of Pakistan (CJP) Saqib Nisar of conspiring to deny bails to top Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 general elections.

    Chief Justice IHC Justice Athar Minallah had issued the order after going through the reply submitted by Justice Shamim in which he explained reasons for executing the statement on oath — dated November 10, 2021.

    During today’s hearing, Lateef Afridi, Shamim’s legal counsel, informed the court that the affidavit had been submitted to the IHC and the former judge has been “standing by his statement since the first day”, reports Dawn.

    “The real affidavit was sealed and has now been brought to Pakistan on the court’s order,” said Afridi.

    Justice Minallah said the sealed envelope was in its original condition and had not been opened by the court yet.

    “The attorney general had said the media’s role is secondary. Rana Shamim has admitted that the content published in the newspaper (The News report) is [the same as] in his affidavit. Rana Shamim has cast doubt on all judges of the IHC,” the chief justice said, adding that the court had already made it clear that it did not fear criticism.

    Justice Minallah then turned to Shamim’s counsel and asked him to open the envelope, upon which the counsel said that a new inquiry could be started by opening a sealed envelope.

    “This is an open inquiry. This is our accountability,” the judge said. He added that Shamim had apparently made “a very big statement without any evidence” and given an impression that all IHC judges were “compromised”.

    Afridi said his client maintained that he did not “leak” the affidavit.

    “Can a finger be pointed at any judge of this court? The court will not ask the journalist about the source of his news. This court is hearing many important cases related to fundamental rights,” Justice Minallah remarked.

    The judge called for evidence to be presented regarding the public opinion that was being built, saying the public’s trust in the court should not be eroded.

    “This court will not deviate from the law,” Justice Minallah remarked. He added that the next hearing would be held on Thursday. However, Afridi said he would not be able to attend the hearing on that date.

    Subsequently, Afridi requested the court to adjourn the hearing until after winter vacations were over. However, Justice Minallah observed that the IHC had not issued any notification about vacations.

    The hearing was adjourned till December 28.

  • Shehbaz or Maryam: Who will be PML-N’s candidate for PM slot in 2023, reveals spokesperson

    Shehbaz or Maryam: Who will be PML-N’s candidate for PM slot in 2023, reveals spokesperson

    Pakistan Muslim League-Nawaz (PML-N) leader Muhammad Zubair while speaking on Geo News programme ‘Aaj Shahzeb Khanzada Kay Sath’, said that the party vice-president Maryam Nawaz has political ambitions hinting that she might be a candidate for the position of prime minter in the next general elections from PML-N.

    His comments come after former prime minister Shahid Khaqan Abbasi had announced that Leader of the Opposition Shehbaz Sharif will be PML-N’s candidate for prime minister in the general elections of 2023.

    Khaqan made these comments during a political talk show on Dawn News, ‘Khabar Se Khabar’. He said as Maryam Nawaz was not illegible, it’s likely that the party president is nominated since he leads the party.

    “Shehbaz Sharif is our president and he will be our next candidate for prime minister,” said Khaqan.

    Responding to Khaqan’s comments, Zubair said that Khaqan was one of the most senior members of PML-N and that he could not challenge his statements.

    “It’s a long way to go, Nawaz Sharif is not illegible, both Shehbaz Sharif and Maryam Nawaz are facing court cases. The situation isn’t clear yet. The future will tell who is illegible [to be a candidate],” said Zubair.

    PML-N leader further said, “I have been hearing the case hearing in Islamabad High Court (IHC), I do not have a legal background but I am100 per cent sure that Maryam Nawaz will get relief in her cases because there is no corruption against her.”

    Anchorperson Shahzeb Khanzada further asked Zubair if Shehbaz Sharif will be the next nominee for the position of prime minister, to which he responded that Shahid Khaqan might have some knowledge as he has been in a place of leadership, he might have information on the matter.

    Khanzada said, “You are one of the closest leaders to Maryam Nawaz in the party, it is not possible that this interview [of Khaqan] came a day earlier and it is not possible that you have not conversed with Maryam Sahiba on this.”

    “I have not talked to Maryam Nawaz. She is busy with her son’s wedding. Having said that, there are no second thoughts on the leadership qualities and competence of Shehbaz Sharif. He has led upfront during the toughest of times,” responded Zubair.

    “I will not hesitate in saying that Maryam Nawaz has political ambitions. But along with that, she abides by party discipline. She will completely contribute to the electoral victory of PML-N,” added Zubair.

  • Zardari case records went missing seven years ago during transportation

    Zardari case records went missing seven years ago during transportation

    The Islamabad High Court (IHC) on Thursday noticed that the National Accountability Bureau (NAB) has challenged the acquittal of former President Asif Ali Zardari without obtaining the original record of the case, reports Dawn.

    A two-member bench comprising of Chief Justice (CJ) Athar Minallah and Justice Aamer Farooq was hearing NAB’s appeal against the acquittal of Zardari in a case.

    NAB Additional Prosecutor General Jahanzaib Khan Bharwana informed the bench that the original record of the reference had gone missing.

    The court noted that it took NAB seven years to realise that the appeals were filed without possessing the original record.

    Bharwana told the court the record had gone missing while it was being transported from the Lahore High Court to the Supreme Court.

    Justice Aamer Farooq questioned, “Please, tell us whether the anti-corruption watchdog is interested in pursuing its appeal or not?” reports The News.

    Farooq said that NAB’s cases do not have any substance, adding, “NAB’s job is to hold corrupt people accountable. Now it is time to hold it accountable.”

    CJ Minallah said NAB should now admit it had made a mistake by filing these references since it did not have proof against the former president.

    “And if indeed, there were no proofs, then the court will also take action against the former bureau chairman in whose tenure these cases had been filed,” said IHC CJ.

    Justice Minallah asked whether the NAB officials had any idea what cost the country’s economy had to pay for their rash steps. “Truth of the matter is that the bureau had failed to satisfy the accountability court with respect to allegations against Zardari,” he added.

  • ‘Who has the capability to record the chief justice of Pakistan?’ Asks Justice Athar Minallah

    ‘Who has the capability to record the chief justice of Pakistan?’ Asks Justice Athar Minallah

    Islamabad High Court (IHC) Chief Justice Athar Minallah said that the courts cannot risk “opening up of the floodgates” by ordering inquiries into “anything that goes viral on social media”, remarking that vigorous judicial activism had caused a lot of damage to the judiciary, reports Dawn.

    “Anything goes viral on social media. How many can the court order inquiries into?” the high court chief justice questioned during a hearing on Monday.

    Justice Minallah’s remarks come during a hearing of a petition asking for a Commission of Inquiry to investigate an alleged audio clip of former Chief Justice of Pakistan (CJP) Saqib Nisar.

    The judge wondered who was behind the audio leak. “Who has the capability to record the chief justice of Pakistan? Did that person release it or someone sitting in America?”

    Questioning the petitioner,  Sindh High Court Bar Association (SHCBA) President Salahuddin Ahmed, Justice Minallah asked, “Tell [the court] how this petition is maintainable. What writ should we issue?”

    To the question asked on the writ of the state, Ahmed responded that the court’s power regarding the enforcement of fundamental rights was very extensive and it could exercise this right under Article 199-C of the Constitution.

    “The court cannot play into the hands of political entities trying to build narratives rather than approach the court themselves,” responded Justice Minallah.

    “When they do not approach the court, the court also has to see what their intentions are,” he added. “Who released the audiotape and to whom?”

    Questioning the authenticity of the audio clip, Justice Minallah remarked: “Suppose this audio is legitimate, where is the real clip? Tomorrow, anybody will bring a clip and ask for an inquiry.”

    The court subsequently issued a notice to Attorney General Khalid Jawed Khan to argue on the maintainability of the petition and adjourned the hearing till December 8.