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Tag: Supreme Court

  • Parliament enacted legislation with ‘good intentions’, says Chief Justice Isa

    Parliament enacted legislation with ‘good intentions’, says Chief Justice Isa

    The Chief Justice of Pakistan (CJP), Qazi Faez Isa, while hearing petitions filed against the Practice and Procedure Act (2023), remarked that the Parliament has enacted the legislation with good intentions. “If a patient is dying, can a person with medical understanding allow the patient to die just because he is not a doctor? Parliament is told that the number game should be complete, but one person comes and makes Parliament a rubber stamp,” he said.

    A full court headed by CJP Qazi Faez Isa is hearing petitions against the Practice and Procedure Act (2023) in the Supreme Court.

    During the hearing, Justice Ijaz-ul-Ahsan remarked that Parliament cannot make rules or legislate to make rules; only the Supreme Court has the authority to change the rules within the scope of the existing law.

    The CJP said that the Constitution says that the Supreme Court is authorised to make its own rules of practice and procedure.

    Justice Ijaz-ul-Ahsan said that the Constitution already binds the Supreme Court to make rules in accordance with the Constitution and the law, while the Chief Justice of Pakistan, while talking to the president of the Supreme Court Bar Association, Abid Zubairi, said that time is short, asking what difference does it make to the option.

    Abid Zubairi said in his arguments that even if the words of making rules according to the constitution and law are removed from the constitution, it will not make a difference, to which CJP Isa said that it is fine; the answer has come.

    Abid Zubairi said that when the Supreme Court made the rules, they could not be changed by law, and the CJP said that the hearing has to be completed today, as he wanted to hear the lawyers.

  • CJP Isa hints at winding up ‘Practice and Procedure’ Act case today

    CJP Isa hints at winding up ‘Practice and Procedure’ Act case today

    A full court bench comprising 14 judges headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa has resumed hearing  petitions challenging the SC (Practice and Procedure) Act on Tuesday.

    State-run PTV is live-streaming the court’s proceedings.

    The full court bench includes CJP Isa, Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed, and Justice Musarrat Hilali.

    At the previous court hearing, the full panel of judges in the apex court had requested responses from all involved parties by September 25th.

    At the beginning of the hearing, Faez Isa said that the court will try to wind up hearings on the case today (Tuesday).

    There are many cases already pending in the court, CJP added.

    CJP Isa also directed the petitioner’s lawyer to end his arguments in 10 minutes.

    The CJP stated that this legislation does not diminish the authority of the chief justice; instead, it distributes these powers among the judges.

    He commented that this law will have a specific impact on the chief justice and the two most senior judges.

    “When martial law is imposed, everyone surrenders their weapons. There are many pictures [of judges] in this room who forgot their oath after the imposition of martial law,” CJP Isa remarked after the lawyer read out the judges oath in the court.

  • ‘They do love marriages, then become a problem for court’: Chief Justice

    ‘They do love marriages, then become a problem for court’: Chief Justice

    Chief Justice Qazi Faiz Isa has remarked that having a beard does not make a person a Muslim, people themselves marry for love and then it becomes an issue for the court as per Aaj news.

    The case of the extradition of two minor girls was heard in the Supreme Court by a three-member bench headed by Chief Justice Qazi Faez Isa.

    The court ordered the two girls to be handed over to their mother, ordering that the father of the girls will be able to visit the girls on Sundays from 10 am to 5 pm, and if the father violated the court order, contempt of court action will be taken against him.

    The lawyer of the father pleaded with the court that the girls should be with the father, as their mother works at night, and does not have time to take care of them.

    Chief Justice Qazi Faiz Isa expressed his anger and asked whether the lawyer has read the principle of extradition in Islam or not, stressing that according to Shariat, children stay with their mothers.

    The Chief Justice remarked that we are Muslims in name only, our work is not that of Muslims, just having a beard does not make a person a Muslim, action must also be taken. Prayer, fasting, and Hajj are not enough, he observed, adding that humanity and morals are also necessary. If the parents are not divorced, their mutual resentment will spoil the future of the children.

    The Chief Justice asked the children’s father whether he had a love marriage or an arranged marriage.
    Taimur, the father of the children, said that it was a love marriage.

    The Chief Justice remarked that people themselves marry for love, and then they become an issue for the court.

    The Supreme Court disposed of the case with the consent of the parents.

  • Chief Justice Faez Isa cracks down on adjournments

    Chief Justice of Pakistan (CJP) Qazi Faiz Isa has called on his fraternity to stop the practice of seeking adjournments in order to decrease the number of pending cases in the apex court of the country.

    On Monday, during a hearing of an agreement violation case, the CJP stated, “Get this out of our mind that adjournments will be granted [in cases] from now on,” he said, adding that they should now be considered a thing of the past.

    Emphasizing that there are numerous cases before the Supreme Court that are still pending, Qazi Faez Isa said that in every case, a notice will be given to parties on a single hearing, and a decision will be made about the arguments in the next hearing.

    CJP Isa said that by using this case, he was telling everyone that adjournments would no longer be granted.

    The top judge remarked that other courts grant time to submit case-related documents. The Supreme Court is the last resort court where records of all cases have been filed in advance, he added.

  • ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    Former Chief Justice of Pakistan (CJP) Umar Ata Bandial, before his retirement earlier this month, had a telephonic conversation with Justice Sardar Tariq Masood to discuss a matter of complaints against fellow judges of the apex court, as per The News.

    As per the sources of Geo’s senior reporter Abdul Qayyum Siddiqui, Justice Masood received a phone call from CJ Bandial on the night of September 5, 2023. The two justices had a conversation, initially intended to discuss and resolve complaints against fellow judges of the Supreme Court, which took a bitter turn.

    Sources suggest that during the contentious telephonic conversation, former Chief Justice Bandial extended an offer to Justice Masood. Allegedly, he proposed that if a pending complaint against another judge were withdrawn, then the complaint against Justice Masood would also be resolved.

    Displeased by the call, Justice Masood wrote a letter to the former CJ on September 6, expressing his disapproval. Justice Masood was upset at how the former CJ had called him instead of forwarding the matter to the current members of the Supreme Judicial Council, including Justice Qazi Faez Isa, Justice Ijaz ul Ahsan, the chief justice of the Sindh High Court, and the chief justice of the Lahore High Court.

    The letter penned by Justice Masood — dated September 6 — reads as follows:

    Mr Justice Umar Ata Bandial, Honourable Chief Justice of Pakistan, Islamabad.

    “Dear Sir,

    Yesterday you spoke to me on the phone and informed me that a complaint against me was submitted by Mrs Amina Malik and you asked me what to do with it. Sir, with the greatest of respect I do not think it was appropriate for you to have talked to me about the said complaint. Sir, you’re talking to me has placed me in a most embarrassing position.

    Under the circumstances, it would be best if the said complaint is placed for consideration before the Supreme Judicial Council as I do not want an additional accusation of seeking favour to be leveled against me. I am confident that the Council will attend to it in accordance with the constitution and the law, and if the complaint is found to be false and intended to malign me then the Council will act pursuant to clause 14 of the Supreme Judicial Council (Procedure of Inquiry), 2005.

    Yours very sincerely,

    Justice Tariq Masood”

    Geo News attempted to contact the former chief justice to get his stance on this matter but, as of now, no response has been received.

  • Lawyer fined by Qazi Faez Isa for ‘wasting’ court’s time

    Lawyer fined by Qazi Faez Isa for ‘wasting’ court’s time

    Chief Justice of Pakistan (CJP) Qazi Faez Isa imposed a fine on a lawyer on Thursday for what he considered a clear wastage of the court’s valuable time. According to reports, the Chief Justice levied a penalty of Rs5,000 on the lawyer for consuming the court’s time during proceedings related to a property case.

    Justice Isa pointed out that the attorney had failed to appropriately draw the court’s attention to pertinent documents, instead attempting to misguide the court. Expressing his disappointment with the petitioner’s legal representative, the Chief Justice remarked that their actions had undermined the court’s trust.

    He addressed the lawyer directly, saying, “The court has lost faith in you with this act of yours”.

    Chief Justice Isa further instructed the lawyer to donate the fine amount to a charity of their choice and provide the court with proof of the donation receipt. The case in question revolved around a property dispute, with court proceedings having extended over several weeks.

  • Caretaker govt files appeal against Review Act verdict

    Caretaker govt files appeal against Review Act verdict

    The federal interim government has filed a review appeal against the Supreme Court’s decision on the Review of Judgment Act on Monday, asking the apex court Supreme Court to revise the decision.

    The petition contends that Article 142 empowers the Parliament to enact such legislation, the judicial decision being an encroachment on the powers of the legislature.

    It should be noted that the Supreme Court had annulled the (Review of Judgment and Orders) Act on August 11.

    “The Supreme Court (Review of Judgments and Orders) Act 2023 is ultra vires the Constitution being beyond the legislative competence of parliament,” declared a three-member bench led by former chief justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Munib Akhtar.
    Senior lawyers had voiced severe concerns regarding the verdict’s timing.

  • What is Practice and Procedure act 2023?

    What is Practice and Procedure act 2023?

    On March 29 and March 30, 2023, the National Assembly and Senate, respectively, adopted and enacted the (Practice and Procedure Bill) 2023. Without his signature, the President remitted the bill for review, but on April 10, 2023, the Joint Session of Parliament once more passed the Act after it had complied with all rules and procedures.

    According to the Act, each case, appeal, and subject before the Supreme Court will be heard by benches formed by a committee comprising of the Chief Justice and the two senior most judges.

    It further stated that any issue involving the use of original jurisdiction under Article 184, paragraph (3), shall be brought before the committee for consideration first.
    The committee must then assemble a bench of at least three Supreme Court justices, which may also include committee members, if it deems that the issue involves the enforcement of one or more fundamental rights.
    According to the Act, an appeal must be submitted within 30 days of the larger bench of the Supreme Court obtaining jurisdiction over it and its hearing date must be scheduled no later than 14 days after that. When submitting a review application, it also offers a party the flexibility to choose the lawyer of its choice.

  • Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    Unprepared lawyers in live Supreme Court proceedings unleash Pakistani Twitter at its best

    The live transmission of the Supreme Court’s (SC) full bench led by Chief Justice of Pakistan (CJP) Qaez Faez Isa on Monday has led to social media blitz of memes.

    Delighted viewers got to see a Supreme Court hearing for the first time, and they did not hold back on jokes.

    Lawyers, particularly Khawaja Tariq Rahim, came under particular scrutiny, and the internet was not particularly impressed with his arguments, or lack thereof.

    We have gathered the best of the internet’s comments on proceedings, judges’ remarks and lawyers’ arguments.

    One user used a meme about what lawyers think they do, what public thinks lawyers do and what lawyers actually do.

    Another user tweeted a meme what CJP Isa might have said to Advocate Khawaja Tariq Rahim.

    More tweets about lawyers and their arguments here:

    Do you agree with these tweets?

  • Justice Faez Isa’s first day as CJP has many milestones

    Justice Faez Isa’s first day as CJP has many milestones

    On Sunday, Justice Qazi Faez Isa took the oath of office to become the 29th Chief Justice of Pakistan (CJP). Before the swearing-in began, Justice Faiz Isa also called his wife, Mrs. Sarina Isa, to the stage, where she remained until the end of the oath.

    After taking the oath, Qazi Faez Isa took multiple steps that have not been taken before.

    For the first time in judicial history, a woman has been appointed registrar of the Supreme Court when Lahore district and session judge Jazeela Aslam was appointed on the post.

    Jazeela Aslam also served as a session judge in Kasur and Sialkot.

    Jazeela Aslam completed her BA from Kinnard College Lahore and her LLB from Punjab University. She also passed the competitive judiciary exam on second-place in all of Punjab.

    Secondly, CJP Faez Isa also called a full court meeting on Monday to discuss several issues, like the live telecast of the court proceeding. On the other hand, former CJP Umar Atta Bandial didn’t hold a full court meeting in his whole tenure as CJP.

    It can also be seen for the first time in the country’s judicial history that the Supreme Court’s full court, comprising all 15 judges, will hear a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023, and the hearing will be live on TV.

    The CJP Faez Isa reached the apex court today in his personal car without any protocol and said to the staff of the court that “people come to the Supreme Court to solve their problems. Treat visitors like guests.”