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Tag: Supreme Court

  • SC refuses Khan’s plea to pause trial court proceedings in the Toshakhana case

    SC refuses Khan’s plea to pause trial court proceedings in the Toshakhana case

    The Supreme Court (SC) rejected former Prime Minister Imran Khan’s petition on Wednesday to pause trial court proceedings in the Toshakhana case.

    The former prime minister went to the apex court when he didn’t get relief from the Islamabad High Court (IHC) in the Toshakhana case.

    Last year, on October 21, the Election Commission of Pakistan (ECP) disqualified Imran Khan in the Toshakhana case for making “false statements and incorrect declarations.”

    The trial court said on July 8 that ECP’s plea is defensible and further proceeded against the former Prime Minister Imran Khan. After that, Imran Khan approached the SC for relief.

    A two-member SC bench heard the case today. Justice Yahya Afridi remarked that the SC will not interfere in the matters of the trial court.

    He further said that it’s not within the SC’s jurisdiction to hear the petition while the case is already in the IHC.

    “Court’s jurisdiction is a major issue, it should be decided first,” the justice remarked.

  • Supreme Court will intervene if martial law-like situation happens

    Supreme Court will intervene if martial law-like situation happens

    If a martial law-like situation arises, then the Supreme Court will intervene, the apex court has said during a hearing on petitions against the trials of civilians in military courts.

    Chief Justice Umar Atta Bandial said that the present case is not related to the death penalty.

    Attorney General for Pakistan (AGP) Mansoor Usman Awan describes the procedure of military trials in court.

    A six-member larger bench headed by the Chief Justice of Pakistan, Umar Atta Bandial, is hearing the case. Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Yahya Afridi, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Ayesha Malik are part of the larger bench.

    The AGP said in his arguments that incidents like May 9 have never happened in the history. He also mentioned that the faces of the people involved in May 9 riots are very clear.

    The Attorney General said that the court should adjourn further hearing for a month. In response, the chief justice said that the court will consult with each other and inform him about the next hearing date.

    Journalist Hasnaat Malik tweeted after the hearing, “So final fate of civilian’s trial in military courts will be decided during next CJP era. CJP Bandial wants stay in commencement of civilians trials till his retirement. He also made it clear that there is no martial law in the country”.

  • Practise and Procedure, civilian trials in military courts cases fixed for hearing

    Practise and Procedure, civilian trials in military courts cases fixed for hearing

    The Supreme Court has fixed hearings for the Practise and Procedure bill case as well as the civilian trial cases in military courts.

    The Supreme Court will hear the Practise and Procedure bill case on July 21. There is an injunction on the implementation of the law by the court until an announcement is made.

    An eight-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial will hear the case.

    Moreover, a petition against the trials of civilians in military courts has also been fixed for hearing on July 18.

    During the last hearing of the case pertaining to military courts, the CJP stressed the importance of maintaining high morale in the Army. He also said that any decline in morale could only benefit the enemy.

  • Justice Musarrat Hilali becomes second woman to take oath as Supreme Court Judge

    Justice Musarrat Hilali becomes second woman to take oath as Supreme Court Judge


    Justice Musarrat Hilali on Friday took oath as a judge of the Supreme Court of Pakistan, with Chief Justice Umar Ata Bandial administering the oath to the former Peshawar High Court head.

    She has become the second female judge to be appointed to the Supreme Court. After Hilali’s appointment the SC now has 16 judges in total.

    Earlier, a parliamentary committee had approved Justice Musarrat Hilali’s appointment as a justice of the apex court.

    Justice Ayesha Malik, appointed in January 2022 to the apex court, was the first female to become a judge of the Supreme Court. Mussarat Hilali was also the first female Chief Justice of PHC. She is the only woman on the bench since 2013.

    Justice Hilali also holds the honour of getting elected as the first woman executive member of Supreme Court Bar Association (SCBA) from 2007-2009.

  • Trials of civilians have not started yet in military courts, Supreme Court told

    Trials of civilians have not started yet in military courts, Supreme Court told

    Attorney General of Pakistan (AGP) Mansoor Usman Awan confirmed on Tuesday that military trials of civilians had not started yet.
    The AGP gave the statement during the fourth hearing of the petitions filed against the cases of civilians in military trials.


    During Monday’s hearing, Chief Justice of Pakistan (CJP) Umar Ata Bandial asked for reassurance from the AGP that no such trial will be tried until the case is heard in the court.


    The AGP confirmed that trials of civilians have not started yet.
    Earlier, Petitions against military trials were filed by former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and former Prime Minister Imran Khan.

  • SC bench hearing petitions against military courts dissolved again

    SC bench hearing petitions against military courts dissolved again

    A seven-member bench of the Supreme Court, hearing a set of pleas against military trials for perpetrators of the May 9 riots, has dissolved once again on Monday. Justice Mansoor Ali Shah, one of the judges on the bench, refused to be part of the bench after the government raised objections.
    The Attorney General of Pakistan (AGP), Mansoor Usman Awan, came to the rostrum at today’s hearing and imparted the government’s objections on including Justice Mansoor in the bench as one of the petitioners is related to him.
    “One of the petitioners is Justice Shah’s relative. Therefore, it may affect his conduct,” AGP Awan said.
    However, Chief Justice of Pakistan CJP Umar Atta Bandial said, “The bench will not be made according to your whims.” The CJP expressed anger by saying that the “government should not mock the judiciary.”

    Nonetheless, Justice Shah recused himself from the bench.

    Petitions against military trials have been filed by former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and former Prime Minister Imran Khan.

    At the first hearing of the case, Justice Qazi Faez Isa and Justice Sardar Tariq Masood left the bench after Justice Isa said he did not consider the SC bench “a proper court.”

  • 102 people in army’s custody, AGP tells SC

    102 people in army’s custody, AGP tells SC

    Attorney General of Pakistan (AGP), Mansoor Usman Awan, has told the Supreme Court (SC) on Friday that 102 people are currently in the army’s custody for trials.

    A seven-member bench included Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yayha Afridi, Justice Sayyed Ma­­zahar Ali Akbar Naqvi and Justice Ayesha Malik hearing the petition.

    The AGP took to the rostrum in today’s hearing and told the seven member bench that 102 people are in the custody of the military, adding that no journalist or lawyer is included in the list.

    No minors or women are in the custody of the army, he added.

    Authorities had doubts about one of the people because his age is less than 18, and if his age is less than 18, he will be released, the AGP told the Supreme Court.

    A day earlier, the Chief Justice ignored a request for a stay order to stop the trial of civilians in the military courts by saying that it was not possible before listening to the AGP.

  • Female CJ of Peshawar High Court elevated to Supreme Court

    Female CJ of Peshawar High Court elevated to Supreme Court

    The Judicial Commission of Pakistan (JCP) took the united decision on Wednesday of elevating Peshawar High Court (PHC) Chief Justice Mussarat Hilali to the Supreme Court of Pakistan. The decision was taken in the Council’s meeting in Islamabad, chaired by Chief Justice of Pakistan Umar Atta Bandial.

    Earlier, the next Chief Justice, Qazi Faez Isa, suggested her name for elevation and afterwards, Chief Justice Umar Atta Bandial also agreed to the nomination of Justice Hilali.
    She will be the second woman judge of the Supreme Court after Justice Ayesha Malik who was appointed in January 2022 to the apex court. Mussarat Hilali is the first female Chief Justice of PHC. She is the only woman on the bench since 2013.
    Justice Hilali also holds the honour of getting elected as the first woman executive member of Supreme Court Bar Association (SCBA) from 2007-2009.

  • Request for including Imran Khan in Arshad Sharif’s Murder Case declared inadmissible

    Request for including Imran Khan in Arshad Sharif’s Murder Case declared inadmissible

    The Supreme Court of Pakistan (SCP) has discarded the petition of slain journalist Arshad Sharif’s mother to add Chairman of Pakistan Tehreek-e-Insaf (PTI) Imran Khan, head of ARY Salman Iqbal, former minister Murad Saeed, former minister Faisal Vawda and senior journalist Imran Riaz Khan to the investigation.

    The Supreme Court stated that the request of involving these persons can be made to Joint Investigation Team (JIT) instead.

    The Supreme Court has issued a written order, stating that the lawyer of Arshad Sharif’s mother had requested the court to conduct an investigation involving the aforementioned five people.
    The court dismissed the application, declaring it inadmissible and further stated that the request can be made to the JIT.
    The petition submitted by the lawyer also stated that it is a request to Supreme Court to order the chief of JIT to include these five persons in the investigation.

  • How can cases of civilians be tried under the Official Secrets Act: Peshawar High Court raises questions

    How can cases of civilians be tried under the Official Secrets Act: Peshawar High Court raises questions

    A division bench of Peshawar High Court (PHC) on Thursday heard petitions filed against trials in military courts of those accused of attacking military installations.


    The bench consisted of Justice Ishtiaq Ibrahim and Justice Sahibzada Asadullah.


    “How can cases of civilians be tried under the Official Secrets Act,” Justice Ibrahim questioned during the hearing, adsing that the cases require interpretation of the constitution.

    The hearing has been adjourned till June 13.

    On Wednesday, Chief of Army Staff (COAS) General Asim Munir presided over the 81st Formation Commanders Conference at GHQ, which was attended by Corps Commanders, Principal Staff Officers and all Formation Commanders of Pakistan Army.

    The forum condemned the events of May 9, saying that “attackers of military installations would certainly be brought to justice speedily under the Pakistan Army Act and Official Secret Act which are the derivatives of the Constitution of Pakistan.”