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Tag: Supreme Court

  • Gender-based discrimination is also harassment, rules Supreme Court

    Gender-based discrimination is also harassment, rules Supreme Court

    The Supreme Court, while allowing review petitions against its July 5, 2021 judgment, said on Tuesday that harassment law does not apply just to sexual harassment but also addresses gender-based discrimination at the workplace.

    Justice Ayesha A. Malik issued a 14-page judgment in the harassment cases involving Pakistan Television (PTV) employee Nadia Naz. A three judge SC bench in 2021, passed the judgement that the petitioner failed to establish the case of sexual harassment within the contemplation of the Act.
    SC in its Tuesday judgment wrote, “Both the president [of the country] and the Islamabad High Court decided the case of [complainant] Nadia Naz on the understanding that harassment means sexual harassment having a sexual nature and form and did not examine the facts in the context of Nadia Naz’s perspective and her understanding of the injury caused.”
    “It includes a broad range of conduct and behaviour which results in workplace problems with serious consequences, one of the main being gender inequality.”


    “Being an issue grounded in equal opportunity and equal treatment of men and women in matters of employment, sexual harassment in any form violates the dignity of a person as it is a demeaning practice that aims to reduce the dignity of an employee who has been forced to endure such conduct,” read the judgment.


    “Sexual harassment as gender-based discrimination is gender-based hostility, which creates a hostile work environment. It is a reflection of the unequal power relations between men and women which translates into a form of abuse, exploitation and intimidation at the workplace which makes it a violation of a basic human right.”

  • Saqib Nisar son’s audio leak: ‘Who records these audios?’ IHC asks government

    Justice Babar Sattar of the Islamabad High Court on Wednesday heard a plea filed by Najam Saqib, son of former chief justice of Pakistan (CJP) Mian Saqib Nisar, against a special committee formed by the National Assembly speaker to probe into audio clips allegedly featuring his voice.

    During the hearing Babar Sattar asked the federal government, “Who records these audios?”, while suspending the summon notice issued to Najam by the special committee.

    “There is no relevant ministry in this matter, but we will do so,” Khosa said.

    “We only challenged that the speaker and the assembly do not have the authority to look into private matters. The petition does not challenge the matter which is pending in the Supreme Court,” said Latif Khosa, on behalf of the petitioner.

    “The audio leak is an alleged conversation between two private individuals that Parliament has no right to see,” he added.

    Sattar further said, “You have also been a governor. Tell me, who records these audios?”

    “Let the parties answer first, then everything will be clear,” Latif responded.

    On May 2, the National Assembly passed a motion demanding formation of a special parliamentary committee to investigate the audios, while on May 3, National Assembly Speaker Raja Pervaiz Ashraf constituted the committee.

  • Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Future Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa adjourned the hearing of a commission to investigate the audio leaks which allegedly involved senior judges and their families a day after CJP Umar Ata Bandial’s order to stop all proceedings.

    However, during the hearing today, Justice Isa, who was heading the commission, raised questions on the decision handed out yesterday.

    Commenting on one of the key issues raised in the petitions filed in the SC yesterday, the judge observed that privacy always belongs to the home.

    “One cannot peep into someone’s house; however, there are CCTV cameras on the streets, are they also against privacy?” he asked.

    He said that the commission was doing nothing that would be considered a breach of anyone’s privacy.

    Defending the commission, he said it should, at least, be determined who was releasing the audios and whether they were real or not.

    He further said that there is talk of giving money to a judge in an audio leak, but the investigation has been stopped.

    “It is written in the oath that I will perform my duties according to the constitution and law,” he said.

    “This inquiry commission has been formed under a law — the Commission of Inquiry Act,” he further remarked, adding that people have to do certain things in life that they do not like.

    Further adding that the judges have to conduct such “painful investigations”, he said: “If this commission was not allowed under oath, I would have excused myself.”

    After this, Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz attacked CJP Bandial for stopping the investigation of the audio leaks. It is pertinent to mention that one of the many audio leaks allegedly features Bandial’s mother-in-law talking to a Pakistan Tehreek-e-Insaf member’s wife.

    “Bandial deserves to be punished for making a mockery of the law and making a spectacle of the judiciary to save his family”, Maryam said in a tweet.

  • No audio leak commission: Supreme Court suspends govt notification

    In a significant development, the Supreme Court issued an order on Friday, suspending the operation of the federal government’s notification regarding the constitution of a judicial panel to investigate audio leaks which included alleged calls made to judges or by their families, that have emerged on social media over the past few months.

    The top court also prohibited the commission from conducting further proceedings.

    Last week, the federal government formed the judicial commission to probe leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary”.

    The government said the audio leaks raised serious apprehensions about the independence of the judiciary in the public interest.

  • Shireen Mazari bids farewell to PTI and politics

    Shireen Mazari bids farewell to PTI and politics

    Pakistan Tehreek-e-Insaf (PTI) Senior Vice President Dr Shireen Mazari has announced that she is leaving the party and politics.

    During a short interaction with the media, the senior leader of the party unexpectedly called it quits, saying that she and her children went through a lot in the past few days because of her incarceration.

    She mentioned that her daughter, lawyer and activist Imaan Zainab Mazari-Hazir, went through a lot. The former minister also said that she is not in good health anymore.

    In the beginning of the presser, she pointedly condemned the violence on May 9 when supporters of PTI clashed with law enforcement agencies.

    “Not just May 9 and 10, but I have always condemned the violence on state symbols like GHQ, Parliament and Supreme Court,” she said.

    After the May 9 riots when PTI workers allegedly attacked military installations, many of the party’s senior leaders including Shireen were put in jail for inciting violence. Mazari was arrested several times in the past few days despite being given release orders by the court.

    Shireen also served as human rights minister during Imran Khan’s government till his ouster in April 2022. She joined the PTI in 2008 and since then has remained a vocal member of the party.

  • National Assembly wants to remove Chief Justice

    National Assembly wants to remove Chief Justice

    The National Assembly on Monday unanimously adopted a motion seeking the formation of a special committee to file a reference against Chief Justice of Pakistan (CJP) Umar Ata Bandial in the Supreme Judicial Council (SJC) for “misconduct and deviating from oath”.

    During a fiery session, lawmakers strongly condemned attacks on military installations and state buildings across the country.

    Speaking on the floor of the house, Defence Minister Khawaja Asif said that the time had come for the Parliament to play its constitutional role in the prevailing political crisis.

    “The time has come for the Parliament to send a reference of misconduct to the Supreme Judicial Council, under the authority and law given to it by the Constitution,” Asif stated unequivocally.

    He stressed that recently a section of the judiciary had started supporting a political party.

    The reference motion was moved by Pakistan Peoples Party’s (PPP) Dr Shazia Sobia.

    The parliamentarians also demanded that PTI Chairman Imran Khan be tried under the Army Act.

    Last week, Khan’s arrest from Islamabad High Court (IHC) on Tuesday, prompted his supporters to come out on roads in support of their leader. They have been alleged to have not just damaged properties but also use inappropriate language for top military officials.

  • Pakistani rupee bounces back strongly after hitting all-time low of Rs300 against dollar

    Pakistani rupee bounces back strongly after hitting all-time low of Rs300 against dollar

    On Friday, the Pakistani rupee saw a significant recovery after hitting an all-time low of Rs300 against the US dollar the previous day. The local currency gained Rs12.43 per US dollar in the interbank market to trade at Rs286.50.

    This recovery can be attributed to two major developments that occurred over the last few hours. Firstly, the currency gained strength as demand from importers decreased, following the release of oil payments a day earlier.

    Secondly, the Supreme Court declared the arrest of Imran Khan, the Chairman of the Pakistan Tehreek-e-Insaf (PTI), illegal and ordered his immediate release. These two developments, combined with an improved political situation, resulted in the sharp recovery of the rupee.

    The demand for US dollars was high the previous day when the rupee hit an all-time low because imports had to retire their payments. However, the demand was relatively less on Friday, coupled with the improved political situation, which led to the sharp recovery.

    Despite the uncertainties surrounding the International Monetary Fund (IMF) programme sparking default concerns, the currency market did not react negatively to Finance Minister Ishaq Dar’s press conference, where he claimed that Pakistan would not default even if there was no IMF programme.

  • Supreme court will take action if govt and PTI don’t reach consensus: Chief Justice

    During today’s proceedings, Chief Justice of Pakistan (CJP) Umar Ata Bandial said that the Supreme Court (SC) would not “sit idle” on its order on holding elections in Punjab on May 14 if the talks between the government and the Pakistan Tehreek-e-Insaf (PTI) failed.

    A three-member bench headed by CJ Bandial, comprising Ijazul Ahsan and Justice Sayyed Mazahar Ali Akbar Naqvi, heard the case

    In the hearing, Pakistan Peoples Party (PPP) lawyer Farooq H Naek said that while the ruling alliance had agreed to dissolve the National Assembly in August, “more time is needed for negotiations.”

    CJP remarked that the court is not interested in the PTI-government dialogue, however, the court has left the matter to the political parties.

    Farooq H Naik assured the apex court that problems will be solved.

    After conducting a hearing that lasted nearly two hours, the proceeding was adjourned, with the CJP saying that an appropriate order will be issued.

    Post the negotiations, the PTI submitted a report to the court stating that no resolution was reached and requested that the court enforce its April 4 order regarding elections in Punjab.

    Earlier, rounds of talks took place between the ruling alliance and the PTI, with both sides agreeing on having elections on the same date. However, the date itself became a bone of contention.

  • Supreme Court judges get three-month summer holidays

    Supreme Court judges get three-month summer holidays

    Chief Justice (CJ) Umar Ata Bandial has approved a three-month summer vacation for all the judges in the Supreme Court of Pakistan.

    The holidays will start from June 15 and last till September 15.

    However, the notification for the vacations said that urgent cases will continue to be heard during these holidays. In the last three years, important cases were heard during this period.

    Currently, the apex court is hearing the matter of Punjab elections as the divide between judges becomes more apparent.

  • Justice Faez declines invitation to dinner hosted by Chief Justice Bandial

    In an effort to lessen animosity and differences between the superior judiciary, Chief Justice (CJ) Umar Ata Bandial on Monday hosted a dinner for his fellow senior Supreme Court (SC) judges.

    All of the judges of the apex court attended the event except for the next CJ of Pakistan, Justice Qazi Faez Isa.

    Justice Isa, a lawyer said, might have decided not to attend the dinner as the CJP has already reserved his decision on a government’s plea regarding withdrawal of its curative review petition against an apex court order dismissing a presidential reference against the said judge.

    Earlier, a retired chief justice also reportedly tried to resolve the issues between Bandial and Isa but all in vain.

    The SC is divided into two groups with eight judges on one side and seven on the other. Two positions in the Supreme Court have been lying vacant.

    It is pertinent to mention that questions related to the supreme power given to CJP Bandial were raised when he took up election suo moto case despite opposition by many senior judges including Justice Qazi Faez. Since then the rift in the court has been widely speculated upon.