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Tag: Supreme Court

  • 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.

  • ‘Allegations on Lt Gen Faiz Hameed, if true, would undermine reputation of federal government, armed forces, ISI and Pakistan Rangers’: Supreme Court

    ‘Allegations on Lt Gen Faiz Hameed, if true, would undermine reputation of federal government, armed forces, ISI and Pakistan Rangers’: Supreme Court

    The Supreme Court of Pakistan has issued a written order addressing the allegations made by the Chief Executive Officer (CEO) of Top City-1 Housing Society against the former Director-General of Inter-Services Intelligence (ISI), Lt Gen (retd) Faiz Hameed.

    The Supreme Court observed that allegations leveled by the private housing society CEO against the former spy chief are of an “extremely serious nature” and would tarnish the reputation of the federal government if proven true.

    The observations come as the top court issued a written order for the November 8 hearing of the petition filed by Moeez Ahmed Khan against the former general.

    The three-member bench, led by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, alongside Justice Athar Minallah and Justice Aminuddin Khan, had disposed of the constitutional petition last week.

    The petitioner, Moeez Ahmed Khan, had alleged abduction by retired army officers, including Gen Faiz.

    The written order said: “The allegations are of an extremely serious nature, and if true, undoubtedly would undermine the reputation of the federal government, the armed forces, ISI and Pakistan Rangers, therefore, they cannot be left unattended.”

    The court noted that Moeez may have reservations that a complaint filed in the Ministry of Defence would not be entertained because the accused held senior positions in the armed forces.

    “However, the learned AAG (Additional Attorney General) has assured us that the complaint/grievance will be given due consideration, and we have no reason to doubt this statement made on behalf of the government of Pakistan,” the court noted in its order, adding that the apprehension of the applicant is “misplaced.”

    “Accordingly, if the applicant (Moeez Ahmed Khan) submits a complaint/grievance to the Ministry of Defence of the government of Pakistan, it shall be dealt with in accordance with law,” Chief Justice Isa observed as he disposed of the matter.

    Additionally, the order granted the applicant the liberty to explore other legal remedies as per the established legal procedures.

    The Petition

    As per the petition, on May 12, 2017, the Pakistan Rangers and officials of the ISI raided the office of Top City and Moeez’s residence and took away valuables, including gold and diamond ornaments and money, in connection with a purported terrorism case.

    “On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hamid. During the raid, valuables and records of our private housing society were stolen,” the petitioner had claimed.

    The petition further stated that Gen Hameed’s brother Sardar Najaf mediated and tried to resolve the issue. After his acquittal, the petition claimed, Gen Hameed contacted Moeez through the latter’s cousin — a brigadier in the army — to arrange a meeting.

    The petition claimed that during the meeting, Gen Hameed told the petitioner that he would return some of the items taken away during the raid except for 400 tola gold and cash.

    The petition claimed that retired brigadier Naeem Fakhar and retired brigadier Ghaffar of the ISI allegedly “forced” the petitioner to “pay 4 crores in cash” and “sponsor a private AAP TV network for a few months”.

    As per the petition, former ISI officials Irtaza Haroon, Sardar Najaf, Wasim Tabish, Zahid Mehmood Malik, and Mohammad Munir were also “involved in the illegal takeover of the housing society”.

  • Supreme Court fines Punjab govt Rs10 Lacs for wasting its time

    Supreme Court fines Punjab govt Rs10 Lacs for wasting its time

    The Supreme Court of Pakistan has imposed a fine of ten lacs (Rs1 million) on the Punjab government for wasting its time by filing a frivolous case, ordering the administration to pay the money to the owner of the land they used without permission.

    The three-membered bench headed by Chief Justice Qazi Faez Isa dismissed the provincial government’s appeal filed against the verdicts of an appellate court along with the high court in favour of the land owner.

    The case was about a piece of land that the Punjab government constructed a road on in Gujranwala in 2007. The nine-marlas were never paid for. Liaqat Ali, the affected man, took to court, challenging the government and both lower courts decided in his favour.

    In the hearing on Monday, the Chief Justice questioned how the state built a road on the land without the permission of its owner and without paying him. “Neither the owner had gifted his land for construction of the road nor the state had acquired the said land,” Justice Qazi Faez Isa remarked and asked the Additional Advocate General Punjab as to why he had filed such a frivolous application in the court. “Is it our job to teach the provincial law officer the constitution,” the CJP reproached.

  • Senate passed resolution against Supreme Court decision on civilian trials in military courts

    The Senate of Pakistan passed a resolution on Monday against the Supreme Court’s decision on civilians’ trial in the military courts, urging that the implementation of the judgment be stopped “unless it is considered by a larger bench.”


    A five member bench of Supreme Court (SC) last month unanimously declared civilians’ trial in military courts null and void.


    “Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.


    Independent Senator Dilawar Khan from Khyber Pakhtunkhwa (KP) moved the resolution on Monday, stating that the decision is legally flawed as the larger bench did not announce the verdict and should not be implemented.
    The resolution observed with “apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities”.


    “The Senate of Pakistan calls upon the apex court to reconsider its decision, urging alignment with the national security paradigm and sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation.”

  • Imran Khan challenges indictment in Supreme Court

    Imran Khan challenges indictment in Supreme Court

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan has challenged his indictment in the cipher case in the Supreme Court (SC) on Wednesday.
    The former prime minister approached the SC through his counsel Hamid Khan, urging the top court to declare illegal the Islamabad High Court’s (IHC) decision to withhold the indictment.

    He had previously argued his case before the Supreme Court, claiming that he was being unfairly targeted for political reasons. The former prime minister further asserted that government machinery is being used to fabricate false charges against him.


    This is the second petition the PTI chief has filed in the Supreme Court related to the cipher case.


    Last week, Imran Khan submitted a request to the Supreme Court for post-arrest bail in the cipher case.
    Imran and party’s vice chairman Shah Mehmood Qureshi are currently in Adiala jail.

  • Was General (retd) Faiz Hameed part of ‘Qabza Mafia’?

    Was General (retd) Faiz Hameed part of ‘Qabza Mafia’?

    The Supreme Court of Pakistan has rejected a petition against former Inter-Services Intelligence (ISI) chief Lt Gen (retd) Faiz Hameed, accusing him of land grabbing.

    During a hearing on a human rights case against the former Director General of the Inter-Services Intelligence (ISI), a three-judge bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the plea.

    Disposing of the petition, the Supreme Court told the petitioner that he had other relevant forums to approach.

    “The Supreme Court has disposed of the petition without discussing the merits of the case,” it added.

    The additional attorney general said that the petitioner can refer to the Ministry of Defence and retired military officers can also be court-martialled, said the top court.

    Justice Athar Minallah emphasized the distinction between the human rights cell and the Supreme Court, stating that the cell lacked legal authority or status.

    The petitioner’s claims centered on the alleged illegal actions of the former spy chief, which were purportedly aimed at gaining control of a housing project.

    The petitioner urged the federal government to take action against Lt Gen (retd) Faiz Hameed and requested the court’s permission to present evidence for his arguments.

    CJP Isa noted the seriousness of the allegations and inquired whether the petitioner would appear in the case personally or through a lawyer.

    The petitioner mentioned that he had recently engaged a lawyer and requested an adjournment to prepare.

    However, CJP Isa remarked that the court will not order an adjournment and instructed the counsel to prepare for the case.

    The Supreme Court ultimately directed the petitioner to seek other appropriate forums for their grievance.

    The court also mentioned the option of approaching the Defense Ministry in the case of allegations against a retired army officer.

    The Petition

    A housing society’s CEO filed a petition with the human rights cell (HRC) of the Supreme Court seeking action against former Inter-Services Intelligence (ISI) director general Lt Gen (retd) Faiz Hameed over alleged land grabbing and stealing valuables.

    “On May 12, 2017, my house and office were raided on the orders of General (Rtd) Faiz Hameed. During the raid, valuables and records of our private housing society were stolen,” said the petitioner Moeez Ahmed Khan.

    In his petition, Khan said that the purpose of illegal proceedings against him was to take control of TopCity-1, a housing society located at Srinagar Highway in Islamabad.

    “After the raid, I along with my five other colleagues were kept in confinement. The federal government should take action against Gen (Rtd) Faiz Hameed, his brother Najaf, and others,” said the petitioner.