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Tag: Supreme Court

  • Can ECP change election date set by President Alvi? Supreme Court will resume hearing tomorrow

    The Supreme Court of Pakistan (SCP) on Monday heard a plea by Pakistan Tehreek-e-Insaf (PTI) against the Election Commission’s decision to delay Punjab elections till October 8 after which the apex court issued notices to the commission and to the governors of Punjab and Khyber Pakhtunkhwa (KP).

    The five-member larger bench — headed by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Akhtar, Justice Aminuddin Khan and Justice Jamal Khan Mandokhail — heard the case.

    The apex court also sought guarantees from the government and PTI for remaining peaceful for free, fair, and transparent elections. 

    PTI’s lawyer Ali Zafar pointed out that the Ministry of Interior and Defence refused to provide security personnel.

    Zafar said that the Constitution does not allow the postponement of elections on the basis of the administration’s non-cooperation.

    “What guarantee is there that the situation will be better in October?” he questioned.

    The hearing was adjourned till 11:30am tomorrow (Tuesday).

    Earlier, ECP delayed Punjab elections and change the date from April 30 to October 8 after which the commission came under fire from the former ruling party.

    President Arif Alvi set April 30 as the date of the election in Punjab.

    Following the ECP’s announcement, KP Governor Haji Ghulam Ali also urged the electoral body to also hold the general elections on the same date (October 8) as the Punjab polls given the growing security threats from terror groups operating from the Pakistan-Afghanistan border regions.

    No live coverage of rallies in Islamabad

    The Pakistan Electronic Media Regulatory Authority (PEMRA) on Monday restricted live coverage of rallies and public gatherings across the federal capital on March 27, hours before PTI chairman Imran Khan was expected to appear before the Islamabad High Court.

    It observed that satellite television channels run live footages/images of violent mobs, attacking on police and law enforcement agencies.

  • ‘Ensure Punjab, KP polls to avoid contempt of court’: President tells PM to safeguard rights of citizen

    ‘Ensure Punjab, KP polls to avoid contempt of court’: President tells PM to safeguard rights of citizen

    President Dr Arif Alvi in a letter written to Prime Minister (PM) Shehbaz Sharif, has urged him to ensure the implementation of Supreme Court’s orders about the elections in Punjab and Khyber Pakhtunkhwa (KP).

    Alvi in his letter emphasised that all relevant executive authorities of the federal and provincial governments should be directed to refrain from abuse of human rights and assist the Election Commission of Pakistan (ECP) to hold the election in two provinces within the constitutional time-frame, in compliance of orders of the apex court, to avoid further complications, including contempt of court.

    The president said that the prime minister, being head of the government, was responsible for safeguarding human rights as well as the fundamental rights of every citizen of Pakistan as enshrined in the Constitution.

    President Alvi maintained that elections of provincial assemblies, in case of their dissolution under Article 105 or Article 112, were required to be held within 90 days under Article 224 (2) of the Constitution.

    The top court in its order dated March 1, had directed the electoral watchdog to propose date(s) to the president for holding the poll within 90 days or on a date that deviates to the barest minimum from the aforesaid deadline, he added.

    The president said that KP Governor Haji Ghulam Ali was also directed by the SC to appoint a date for holding the general election for the provincial assembly as per the time frame.

    “Subsequently, ECP had proposed holding of general elections between 30th April – 7th May, 2023 and general elections for the Provincial Assembly of Punjab were announced to be held on 30th April, 2023 and the same was notified by the ECP,” read the letter.

  • ‘Violation of constitution’: PTI to move SC against election postponement

    ‘Violation of constitution’: PTI to move SC against election postponement

    Pakistan Tehreek-e-Insaf (PTI) leader Fawad Chaudhry has confirmed that his party will challenge the Election Commission of Pakistan’s (ECP) decision to postpone general elections in Punjab from April 30 to October 8 in the Supreme Court of Pakistan.

    Addressing a joint press conference on Thursday, Chaudhry, along with PTI Secretary General Asad Umar, announced that they are moving the top court against the ECP for “breaching the Constitution”.

    “It is your duty to save the Constitution,” Chaudhry appealed to the judges of the top court, adding that the joint sitting of parliament convened on Wednesday was aimed at an “attack on the Supreme Court”.

    “Judges are being blackmailed and pressurised,” Chaudhry claimed. He also said that the country demands that Article 6 should be applied on five members of the electoral watchdog.  

    PTI Chairman Imran Khan condemned ECP’s move to postpone the election in Punjab, as the party announced to move the Supreme Court against “violation of the Constitution”.

    It is pertinent to mention here that electoral watchdog postponed the elections in view of the recent spate of terrorist attacks in various parts of the country.

    The order said that the interior ministry conveyed to the ECP that the deployment of civil and armed forces would not be possible due to the “spike in incidents of terrorism across the country” and threat alerts from intelligence agencies.

  • Chief Justice praises video link facility

    Chief Justice praises video link facility

    Chief Justice of Pakistan (CJP) Umar Ata Bandial praised the video link facility in the court, stressing that citizens should use it. The facility provides ease to citizens so that they can appear before the court virtually.

    Addressing a ceremony at the Supreme Court Quetta Registry, he urged the lawyers present there to avail the facility as it is “useful”.

    He said that he is aware that going back and forth for hearings by road has become quite expensive. “I am sorry even airplane ticket has become unaffordable”, he added.

    He said Supreme Court (SC) has only 5-6 benches and when thousands of cases are filed before them, it becomes very difficult to deal with urgent cases.

    According to him, the apex court jots down cases and gives preference to liberty cases and criminals who have been imprisoned for years.

  • Shor sharaba in Zaman Park: Aitzaz Ahsan’s sisters approach court to complain against Imran

    Shor sharaba in Zaman Park: Aitzaz Ahsan’s sisters approach court to complain against Imran

    Chaudhry Aitzaz Ahsan’s sisters have approached different forums to complain about “the disruption, road and traffic blockade and loud music at night time”, caused by Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan outside his residence in Zaman Park which has affected his neighbours’ sleep, writes Umar Cheema for The News.

    “They started with Imran Khan. On February 14, Dr Shireen Zafarullah and Mrs Nasreen Khalid Chima wrote the first letter to him on February 14 to inform him about ‘huge and unacceptable intrusion into our privacy being caused by the show outside your home.’ Their father, Chaudhry Muhammad Ahsan, constructed the ancestral home in Zaman Park in 1933 well before Imran’s family was allotted the house in Zaman Park after the Partition. Ali, the son of Aitzaz Ahsan, also lives in that house besides the children of sisters of Aitzaz,” reads the article.

    The sisters complained about the constant noise from the loud music which lasts till 4am every night.

    Not getting any response, both sisters filed an application on March 8 against the illegal encroachment outside Imran Khan’s home. The application was addressed to Chief Secretary of Punjab, Inspector General of Police, Lahore Commissioner and SHO of Race Course Police Station. However, no action was taken by the Punjab government.

    Finally, they moved the Lahore High Court, which didn’t entertain the petition either. A one-member bench of Justice Asim Hafeez said they should locate a Justice of Peace to pursue this matter.

    The sisters have also written to the chief justices of the Supreme Court and Lahore High Court to take notice of the problems they are facing in Zaman Park.

  • Real estate in Pakistan is ‘parking lot’ for untaxed money with support of DHAs and Army, says former FBR chairman

    Real estate in Pakistan is ‘parking lot’ for untaxed money with support of DHAs and Army, says former FBR chairman

    Shabbar Zaidi, the former Chairman of the Federal Board of Revenue in Pakistan, stated that only 300 companies out of the entire business sector in the country pay 70 per cent of the total taxes collected.

    According to Dawn, Zaidi dismissed the claims of some businesses that there were too many taxes in Pakistan and no dividends. He pointed out that the real estate was the “parking lot” of untaxed money, and that with the support of the DHAs and army, a system had been developed to officially launder money through real estate, which had perpetual amnesty in the country.

    He called for removing DHAs from the real estate business as there could not be fair competition between a state institution and private businesses in real estate, and also suggested that plots of land should be confiscated if construction was not done on them.

    Kashif Anwar, the president of the Lahore Chamber of Commerce and Industry, argued in favor of amnesty on undeclared foreign reserves to bring money back to the country.

    In another session, Tassaduq Hussain Jillani, the former Chief Justice of Pakistan, acknowledged that criticism of the Supreme Court for messing up big corporate cases was justified as the judges were not expert at finance and economics.

    Jillani suggested the formation of commercial benches in the SC and high court for such cases. In a session on local governments, Ammar Ali Jan, the general secretary of Haqooq-i-Khalq Party, criticized the absence of local government in the country, citing examples of polluted water and waste management issues.

  • Cannot air anything related to the conduct of serving judges, says PEMRA

    Cannot air anything related to the conduct of serving judges, says PEMRA

    Pakistan Electronic Media Regulatory Authority (PEMRA) has prohibited electronic media to broadcast anything which is related to the conduct of serving judges of High Courts and Supreme Court (SC).

    In a notification, issued on Thursday, PEMRA said that it has been observed that despite repeated directives, satellite TV channels are “persistently discussing the conduct of honourable judges of superior courts and orchestrating vilification campaign through airing slanderous allegations.”

    It also added that the broadcast of such a thing is a clear violation of the PEMRA Ordinance, hence they have issued the orders.

    PEMRA has also warned that if the orders are not implemented, the license of the respective TV channel will be suspended.

    The development has taken place when the credibility of judges is being discussed after alleged audio leaks of a Supreme Court judge came to light.

    In the audio conversation that was leaked online last month, allegedly featured former Chief Minister (CM) Punjab Pervaiz Elahi talking to and about a sitting SC judge.

    Later, in a YouTube show “Talk Shock”, veteran journalists Azaz Syed and Umar Cheema claimed that more audio leaks related to judges might surface soon.

  • PTI’s Jail Bharo Tehreek ends; election campaign begins from March 4

    PTI’s Jail Bharo Tehreek ends; election campaign begins from March 4

    After Supreme Court (SC) passed its verdict in the suo Moto case of election dates in Punjab and Khyber Pakhtunkhwa (KP), Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday announced that his party would end its “Jail Bharo Tehreek (voluntary arrest movement)” and launch its election campaign on March 4 (Saturday).

    About the top court’s decision that elections will be held within 90 days, Khan praised the judiciary and said the nation stood with the court.

    However, he expressed fears that elections may not be held in 90 days, claiming that Law Minister Azam Nazeer Tarar tried to divide the judiciary.

    Slamming the federal minister’s views on the verdict, the PTI chief said: “His views on the Supreme Court verdict are shameful.”

    Khan added that since his government’s removal in April 2022, his party has won 30 by-polls out of 37.

    It is pertinent to mention that the elections in both provinces have been the core demand of PTI and the apex court’s verdict has been welcomed by the former ruling party.

  • PTI welcomes supreme court’s verdict while govt says it doesn’t require review

    PTI welcomes supreme court’s verdict while govt says it doesn’t require review

    Political parties from across the spectrum are reacting to Supreme Court’s (SC) verdict in the Punjab and Khyber Pakhtunkhwa (KP) elections suo moto case.

    Pakistan Tehreek-e-Insaf (PTI) Fawad Chaudhry welcomed the verdict, saying, “It’s a victory for the Constitution”.

    The Supreme Court, the PTI leader added, has bound the federation to provide all sorts of support with security and provision of funds for carrying out polls.

    When asked whether elections will happen on April 9, as earlier suggested by President Arif Alvi, he responded by saying that the Election Commission of Pakistan (ECP) proposed in court that the commission can make the elections possible on April 25.

    He also said that if the government doesn’t agree to the SC’s verdict, the top court will send the government home under Article 187.

    He also added that all five judges endorsed the principle of the election within 90 days. During a media talk, the PTI leader stressed that “Election is the foundation of the state.”

    On the other hand, Awami Muslim League Chief Sheikh Rashid congratulated the nation on the verdict and asked the country to “prepare for the elections”.

    He hoped that PTI is going to form governments in KP and Punjab

    From the government side, Federal Law Minister Azam Nazeer Tarar said that there is no need to review the decision of the Supreme Court’s verdict, nor is it a matter that requires interpretation.

    He said that petitions are still being heard in High Courts, and the interpretation of the decision can also be seen there.

    He also stressed that the verdict is quite clear. However, the law minister took a jibe at President Alvi, saying that he breached the constitution by giving a date for the elections in both provinces.

    Earlier today (Wednesday), the top court directed all relevant authorities to hold elections within 90 days.

    The decision was passed three-two in favour of the verdict by the five-member bench, with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail giving dissenting notes.

  • Supreme Court orders to hold polls within 90 days both in Punjab and KP

    Supreme Court orders to hold polls within 90 days both in Punjab and KP

    The Supreme Court of Pakistan has on Wednesday directed all relevant authorities to hold elections in Punjab and Khyber-Pakhtunkhwa (KP) within 90 days.

    The decision was passed three-two in favour of the verdict by the five-member bench, with Justice Mansoor Ali Shah and Justice Jamal Khan Mandokhail giving dissenting notes.

    Reading out the verdict reserved on Tuesday evening, Chief Justice Umar Ata Bandial said that the Election Commission of Pakistan (ECP) should suggest a date for polls to President Arif Alvi.

    “Elections must be held within 90 days of the dissolution of the assembly,” the verdict says, emphasizing that it was the constitutional responsibility of the Governor to announce an election date.

    “Parliamentary democracy is a salient feature of the Constitution. There can be no parliamentary democracy without Parliament or the provincial assemblies. And there can be neither Parliament nor provincial assemblies without the holding of general elections as envisaged, required and mandated by and under the Constitution and in accordance therewith,” the top court remarked.

    The court order stated, “In situations where the assembly is not dissolved by order of the governor, the constitutional responsibility of appointing a date for the general election that must follow is to be discharged by the president.”

    “The Election Commission must proactively be available to the president or the governor, and be prepared for such consultation as required for a date for the holding of general elections,” the order said.

    The court directed President Arif Alvi to announce the date of the Punjab election after consulting with the Election Commission of Pakistan (ECP), and directed the KP governor to announce the date for polls in his province.

    It further said that in ordinary circumstances, the general election in Punjab ought to be held on April 9 — the date given by the president — but because there were delays in the announcement of the poll date, it might not be possible for the province to meet the 90-day deadline.

    “The Election Commission is therefore directed to use its utmost efforts to immediately propose, keeping in mind ss. 57 and 58 of the 2017 Act, date to the president that is compliant with the deadline. After consultation with the ECP, the President shall announce a date for holding the general election to the Punjab Assembly.”

    Meanwhile, the SC directed the KP governor to appoint a date for elections in the province after consulting the ECP.