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Tag: Supreme Court

  • Lahore High Court considering holding Punjab CM elections again

    Lahore High Court considering holding Punjab CM elections again

    The Lahore High Court (LHC) is considering the polls for the Punjab chief minister’s (CM) slot again, the court remarked on Tuesday while hearing the case challenging CM Hamza Shehbaz’s election, reports Geo News.

    The court while hearing the arguments from Pakistan Tehreek-e-Insaf’s (PTI) counsel asked how a political crisis would be avoided if matters are taken back to the Punjab Assembly session on April 16 and polls are held again.

    “In this case, the same presiding officer will hold the polls who was on duty during the April 16 polling,” the court said.

    The court adjourned the hearing till 10am on June 29.

    Speaker Punjab Assembly Chaudhry Pervaiz Elahi in his plea challenging Hamza’s election maintained that Hamza does not have the number of votes required to be elected as the chief minister in light of the Supreme Court’s order.

    Hamza was elected as chief minister of Punjab in a session of the Punjab Assembly in complete ruckus on April 16, 2022.

  • ‘Khan through paid social media teams is running vulgur, abusive trends against COAS, DG ISPR’: Aisha Gulalai’s letter to CJP

    ‘Khan through paid social media teams is running vulgur, abusive trends against COAS, DG ISPR’: Aisha Gulalai’s letter to CJP

    Former Pakistan Tehreek-e-Insaf (PTI) lawmaker Aisha Gulalai Wazir has written a letter to the Chief Justice of Pakistan (CJP) Umar Ata Bandial, demanding the apex court to take suo motu notice of the anti-army campaign being run “by PTI Chairman Imran Khan”.

    In the letter, she demanded the court to put Khan’s name on Exit Control List (ECL), for a treason case to be registered against him and that he and his party should be banned.

    Gulalai argued that Khan is “shamelessly” dragging the army into politics. “Criticising it [army] for being neutral, maligning it, threatening with dismembering the country, waging civil war and creating anarchy in the country, if the army stayed neutral,” she added.

    Furthermore, she said, “Acting like a mafia, Khan and his party through social media teams are running shameful, abusive and vulgar social media trends against Pakistan army, Chief of Army Staff (COAS) General Qamar Javed Bajwa and Director General (DG) Inter-Services Public Relations (ISPR) Major General Babar Iftikhar.” Along with these allegations, she also attached screenshots as proof.

    Gulalai also alleged that they [Khan and PTI] are using some mainstream media channels and journalists for their propaganda.

    The former PTI member also pointed out that in this way Khan is trying to “instigate the masses” against the armed forces. Moreover, she said, “Khan is threatening the state that he will disclose the security secrets of Pakistan.”

    She also alleged that the provincial government recruited social media influencers in Khyber Pakhtunkhwa (KP) with Rs736 million from public funds.

    Giving the reference of the Muttahida Qaumi Movement (MQM) leader Altaf Hussain — who is banned due to hate speech — and Member National Assembly (MNA) Ali Wazie, Gulalai wrote that if their hate speech cannot be allowed who actually “never went to such an extent”, Khan “should be no exception and above law”.

    Who is Aisha Gulalai Wazir?

    In 2017, Gulalai quit PTI and alleged that her then-party Chairman Imran Khan had sent her inappropriate text messages but she did not reveal any other details to support her allegations.

    According to her, she is not the only one who faced this and claimed many women in the party are facing similar issues.

  • Khan challenges NAB amendments in Supreme Court

    Khan challenges NAB amendments in Supreme Court

    Pakistan Tehreek-e-Insaf (PTI) Chairperson Imran Khan approached the Supreme Court (SC) to challenge the recent amendments to the National Account­ability (NAB) Ordinance, contending that they will “virtually eliminate any white-collar crime committed by a public office holder”.

    In the petition filed today (June 25), Khan named the Federation of Pakistan through its secretary Law and Justice Division, and the NAB through its chairman as respondents in the case.

    Khan had said his party would challenge the recent amendments to the NAB law in the SC.

    Addressing a press conference at his Banigala residence, Imran Khan expressed hope that the top court would take notice of the development, adding that if such moves were allowed then it would be detrimental to the country.

    Earlier in June, President Dr Arif Alvi refused to sign the bills seeking amendments in NAB and election laws.

    The bill was returned back to Prime Minister (PM) Shehbaz Sharif as the president said he “was not informed” about the “legislative proposal” under Article 46 before they were tabled in parliament.

  • Imran Khan responsible for the chaos during PTI’s long March: Islamabad Police

    Imran Khan responsible for the chaos during PTI’s long March: Islamabad Police

    The Islamabad Police, Chief Commissioner Islamabad and the interior secretary submitted their report regarding the Supreme Court’s (SC) order violation by Pakistan Tehreek-e-Insaf (PTI) leaders during the long march. The report submitted on Friday by the Islamabad Police stated that PTI Chairman Imran Khan caused disorder in the federal capital during his party’s “Azadi March”, which took place on May 25.

    The federal police further told the top court on Friday that Khan had directed protesters to enter the Red Zone despite a judicial order to hold the jalsa in H-9 ground. No PTI member went there because in a video message, PTI Chairman Imran Khan instructed his party workers to reach D-Chowk.

    “The PTI Chairman Imran Khan told his workers to reach the D-Chowk in a video message. The police and law enforcers made every effort to stop the protesters but they advanced removing all containers and barriers on the night between May 25 and 26,” the report stated.

    Islamabad Inspector-General (IG) Akbar Nasir Khan also attached video evidence and tweets of the PTI leaders with their report.

    The report says that the PTI supporters managed to remove containers and barriers as PTI leaders Fawad Chaudhry, Zartaj Gul, Saifullah Niazi and Imran Ismail kept provoking them.

    Earlier, the SC sought a report from law enforcement within seven days. The top court also directed the Inter-Services Intelligence (ISI) and other authorities to submit a report before the court explaining whether the judiciary’s orders were violated on May 25 during the long march.

    On June 1st, SC gave its majority judgment after a petition was filed by the Islamabad High Court Bar Association under Article 184(3) of the Constitution in anticipation of a protest march into Islamabad by the workers of the (PTI) on May 25, the federal government had blocked highways to and roads within the Capital to prevent entry and movement of the protestors.

    Chief Justice of Pakistan (CJP) Umar Ata Bandial observed that Pakistani citizens have the right to move and assemble anywhere within the country under Articles 15, 16 and 17 of the Constitution of Pakistan. He also warned the government against any illegal arrests and raids.

    However, during the hearing, Attorney-General (AG) Ashtar Ausaf Ali claimed that the PTI workers and supporters moved forward to D-Chowk after their leader [Imran Khan] asked them to.

    In its majority judgment, the top court stated: “It is apparent that the assurances conveyed to the court by the learned counsel for the top leadership of the PTI may have been dishonoured by the workers/supporters/sympathisers of the party by proceeding to the D-Chowk in the Red Zone area and by allegedly committing acts of arson and destruction of public and private properties on the way. However, we note that in the early morning today Mr Imran Khan reached Jinnah Avenue leading to D-Chowk and announced the postponement of his sit-in at Islamabad for six days. As a result, further damage to property or injury to human life has been averted.”

    The judgment also added, “there is no evidence or allegation that such acts were committed on the instigation of any party or happened randomly.”

    “At its most elementary level, the PTI leader appears to have assured the holding of a political rally at the G-9/H-9 ground and therefore not to assemble and sit in another venue including at D-Chowk in G-5 Islamabad.”

    ’ Not withstanding the said request by the AGP, we exercise restraint for the time being for several reasons’: SC

    The court also said it was “disappointed” to note that riots took place in the federal capital despite its order to create a balance between both sides, PTI and the government.

    The court further added that peaceful protest is a constitutional right but PTI could have done it with the permission of the state. As long as sanctions under Articles 15 and 16 are inevitable, the right to protest cannot be restrained without legal, reasonable grounds.

    However, Justice Yahya Afridi wrote a dissenting note. He quoted Khan’s statement after the court order: “Wherever Pakistanis are, there is good news: the Supreme Court has issued an order that there will be no hurdles and no one will be arrested. This is why I want all Pakistanis to come out of their homes today evening; people in Islamabad and Rawalpindi should try their best to reach D-Chowk because I will reach there within one-and-a-half-hour.”

    Justice Afridi said that there is sufficient material before the court to proceed against Khan “for the alleged disobedience of the court order which warrants the issuance of notice by this court to Mr Imran Khan to explain why contempt proceedings should not be initiated against him.”

  • PTI Azadi March: Khan leaves D-Chowk, says will come back in 6 days if no election announced

    PTI Azadi March: Khan leaves D-Chowk, says will come back in 6 days if no election announced

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan addressed the protesters at Islamabad’s 9th Avenue and gave a six-day deadline to the government for announcing elections and dissolving assemblies.

    “I had decided that I will sit here until the government dissolves assemblies and announces elections, but of what I have seen in the past 24 hours, they (govt) are taking the nation towards anarchy,” he said, claiming that the government was also trying to create a divide between the nation and the police.

    “The government tried every method to crush our Azadi March. They used teargas on peaceful protests, our homes were raided and our privacy was violated. However, I have seen the nation free itself of [the] fear of slavery,” said Khan addressing his caravan.

    He claimed that five PTI protesters were killed in clashes after the PTI’s march, saying that one had fallen off the Attock bridge amid tear-gas shelling and the other was pushed into Ravi river. He said he had also received information that three were killed in Karachi.

    Addressing the Supreme Court (SC), he asked, “What crime were we committing?”

    He said he “wants justice for the people of Pakistan from Supreme Court judges and the lawyers’ community”.

    “I am again asking the judiciary to save your FIA (Federal Investigation Agency). In the future, no FIA officer will investigate the powerful if he will meet the same end as Dr Rizwan and Asghar,” he added. Imran said peaceful protest was the right of every Pakistani and no one “gives you [the government] to treat the people in the manner that you treated them”.

    People have completely rejected the riot: Sanaullah

    Interior Minister Rana Sanaullah, meanwhile, said the people “have completely rejected the riots”. In a statement posted on PML-N’s official Twitter account, Sanaullah was quoted as saying he had been personally monitoring the security situation.

    “Imran Niazi entered the city after getting permission from the Supreme Court to hold a rally at a designated place in Islamabad and broke his promise by announcing plans to go to D-Chowk.”

    Read more: PTI Azadi March: Imran sets out to lead party caravan, tensions escalate

    Army summoned to control the situation

    As the situation turned chaotic in Islamabad after Khan and his convoy entered the federal capital and started marching towards the city’s D-Chowk, the government decided to seek the help of the army to control the situation and protect the government’s offices located in the Red Zone.

    The government, in a notification, said that the army was summoned to control the situation under Article 245 of the Constitution.

    PTI, govt negotiations fail

    Following the Supreme Court’s order for the government and the PTI to hold negotiations in a bid to control the situation at 10pm Wednesday, the government’s team headed by Pakistan Muslim League-Nawaz (PML-N) leader Ayaz Sadiq, reached the commissioner’s office in Islamabad but the PTI team, led by Bawar Awan, returned without holding the talks due to the late arrival of the government’s team.

    Sadiq said it was decided to meet at 10pm but “due to the closure of roads, the government’s team reached the Islamabad commissioner’s office 25 minutes late”.

    “We were gathered here on SC’s orders but now leaving as a sign of protest,” he told journalists. The PML-N leader added that the purpose of the dialogue was to select a place and set a guideline for PTI’s protest.

    “Following the court’s order, we have removed obstacles but the city was set on fire,” he added. “The chief commissioner had been continuously calling the PTI team but they were not responsive. However, we will wait here a little longer for them.”

    SC directs govt to provide PTI with ground between H-9, G-9 areas to hold jalsa

    The Supreme Court on Wednesday directed the federal government to provide the PTI with a ground between the H-9 and G-9 areas of Islamabad to hold its public gathering.

  • ‘Want to get access to his Peer’: Usman Buzdar’s expected comeback sparks a meme fest

    ‘Want to get access to his Peer’: Usman Buzdar’s expected comeback sparks a meme fest

    The Supreme Court (SC) on Tuesday in its decision on a presidential reference seeking interpretation of Article 63-A of the Constitution, which is related to the status of defecting lawmakers, said the votes of defecting lawmakers will not be counted.

    Pakistan Tehreek-e-Insaf (PTI) supporters started celebrating the ‘expected’ comeback of Usman Buzdar by removing the current Punjab Chief Minister Hamza Shehbaz.

    The memes in relevance to Buzdar are hilarious.

    Seems like the Peer baba’s business is about to boom.

    Some questioned the short tenure of Hamza Shehbaz.

    Some declared Buzdar as the real danger.

    Some said Hamza might be a good player but Buzdar is the real coach.

    Some wished for the same luck as that of Buzdar.

    Some showed how Buzdar will make an entry at the CM House.

  • ‘Shehryar Afridi, tumhara intazam kamzor hai’: Khan scolds Afridi at a jalsa

    ‘Shehryar Afridi, tumhara intazam kamzor hai’: Khan scolds Afridi at a jalsa

    Pakistan Tehreek-e-Insaf (PTI) Chairperson Imran Khan during his jalsa in Kohat scolded Chairman Parliamentary Committee on Kashmir, Shehryar Afridi, and said that the arrangements he made for the jalsa were weak.

    “Shehryar Afridi, tumhara intazam kamzor hai. Lights hi nahin hain, loug nazar nahin aa rahay,” said Khan. [Shehryar Afridi your arrangements are so weak. There are no lights, I can’t see people properly].

    “I cannot see half the stadium, so give the arrangements to someone else from now on,” added Khan.

    The PTI chairman praised the Supreme Court’s (SC) decision on 63-A and said the apex court with the verdict has ensured Pakistan’s morality does not diminish.

    “I am thankful that the Supreme Court rejected the votes of the people who sell their vote and betray their constituents and democracy,” the ex-prime minister said.

    Khan said that “Allah has not given us the choice to remain neutral” and stressed that there was no intermediate way. 

  • Acquittal by High Court: SC dismisses customs appeal against Czech model in drug case

    Acquittal by High Court: SC dismisses customs appeal against Czech model in drug case

    A Supreme Court bench on Wednesday dismissed the Customs appeal in drug smuggling case against Czech model Tereza Hluskova after summary hearing, reported ARY News.

    “Did the customs had sent samples of heroin recovered from the accused to lab according to the law,” Justice Ijazul Ahsan questioned while hearing the case. “The trial court had declared dispatch of the samples lawful,” Customs lawyer replied. “The accused destined to fly out to Czech Republic on April 23,” the lawyer further said.

    “The name of the accused can be added to the ‘stop list’ if the case have substantial grounds,” Justice Ahsan remarked.

    The apex court bench upheld the high court’s acquittal decision of Czech model Tereza Hluskova.

    The Supreme Court of Pakistan had yesterday stopped Hluskova from travelling abroad in drug smuggling case.

    The Czech national was sentenced to eight years and eight months in jail by a sessions court in April 2019. She was arrested at Lahore airport for attempting to smuggle heroin from Pakistan to Abu Dhabi on January 10, 2018.

    The high court acquitted her last year in November and was released from prison the same month.

  • ‘Pakistan’s nuclear programme in the hands of ‘thieves’, Khan questions institutions about safety of nukes

    ‘Pakistan’s nuclear programme in the hands of ‘thieves’, Khan questions institutions about safety of nukes

    Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan on Wednesday asked the institutions if ‘thieves’, who have come into power through a ‘foreign conspiracy’ and are ‘slaves’, can protect Pakistan’s nuclear programme. He was addressing a rally in Peshawar.

    In his first public address since losing his government, Khan directly addressed the judiciary and asked: “My dear judges, my judiciary, I have spent time in jail because of your freedom because I dream that one day the judiciary would stand with the weak people of the society, and not the powerful. I ask the judiciary that when you opened the court in the dead of night … this nation has known me for 45 years. Have I ever broken the law? When I played cricket, did anyone ever accuse me of match-fixing?”

    “During my 25 years of politics, I have never provoked the public against state institutions or the judiciary because my life and death are in Pakistan. I ask you, what crime had I exactly committed that you opened up the courts at midnight?” questioned Khan.

    “I will live and die for Pakistan.”

    The PTI chairman also warned that he was not that dangerous while he was part of the government, but now that he has been ousted, he will become “more dangerous” for the Opposition.

    “We will not accept an imported government and people have shown what they want by holding demonstrations against the move,” he said.

    https://twitter.com/faizanMFY/status/1514324171601309697?s=20&t=ZV12ull1vvQhyBqrXT1Z2Q

    “Shehbaz Sharif is out on bail, his son is out on bail, Nawaz Sharif is a convict, and his son is an absconder in London and the same is the case with his sons, daughter, and son-in-law.”

    “America has insulted Pakistan by imposing these bandits on us; Shehbaz Sharif is facing corruption charges of Rs40 billion,” Khan added. “Zulfiqar Ali Bhutto was sacked through a conspiracy by the USA, but this is not the Pakistan of 1970. This is the new Pakistan.”

    “My youth, get ready, I will be out on the streets with you in every city until we do not force them to hold elections,” he said, adding, “Today marks the beginning of the struggle to find actual freedom.”

  • ‘Imran Khan stumped’: What led Khan to this point?

    ‘Imran Khan stumped’: What led Khan to this point?

    The Supreme Court of Pakistan (SCP) has “stumped” Prime Minister (PM) Imran Khan through its historic verdict on April 7. The verdict seems to have cleaned bowled Khan as the National Assembly (NA) was restored after the apex court declared the government’s decision to dissolve the assembly and NA Deputy Speaker Qasim Suri’s ruling against the Constitution. This decision is being described as a win for the Constitution of Pakistan.

    In its verdict, the top court has called for convening the NA session on April 9, at 10:00am.

    Court order

    The apex court’s five-member larger bench — headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel — heard the case and then later issued the ruling. The decision was unanimously given by 5-0 judges.

    Here is what the court order has to say:

    “In consequence of the foregoing, it is declared that at all material times the Prime Minister was under the bar imposed by the Explanation to clause (1) of Article 58 of the Constitution and continues to remain so restricted. He could not, therefore, have at any time advised the President to dissolve the Assembly as contemplated by clause (1) of Article 58.”

    “In consequence of the foregoing, it is declared that the advice tendered by the Prime Minister on or about 03.04.2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect,” said the order.

    The Supreme Court also “declared that the assembly was in existence at all times, and continues to remain and be so”.

    SC ordered for the session of NA to reconvene on Saturday, April 9 no later than 10:30am, saying that the session cannot be prorogued without the conclusion of the no-trust motion against Prime Minister Imran Khan.

    Pledge to fight for Pakistan “till the last ball”: PM Khan

    After the verdict was announced, PM Khan took to Twitter and said that he pledged to fight for Pakistan till the last ball.

    “I have called a cabinet mtg tomorrow as well as our parliamentary party meeting, and tomorrow evening I will address the nation. My message to our nation is I have always and will continue to fight for Pakistan till the last ball.”

    Government’s reaction to the decision:

    Information and Law minister Fawad Chaudhry took to Twitter and said, “This unfortunate decision has exacerbated the political crisis in Pakistan.”

    “Immediate elections could have brought stability to the country. Unfortunately, the importance of the people has been overlooked,” said Chaudhry.

    Minister for Human Rights Shireen Mazari tweeted, “A judicial coup happened last night down to ordering how & even at what time NA session must be held, ending parliamentary supremacy!”

    In another tweet, Mazari wrote, “The long shadows hanging over this judicial decision think the game has been won but frankly it has just started.”

    Special Assistant to the PM Dr Shahbaz Gill said, “Our forefathers cut off their necks in 1947 and crossed the Wagah border to live in an independent country.”

    “Looks like they’re back in the 1947 situation,” said Gill.

    Opposition’s reaction to the SCP ruling

    Reacting to the decision of the top court, the Leader of the Opposition Shehbaz Sharif tweeted, “Mubarak to all who supported, defended & campaigned for the supremacy of the Constitution. Today, politics of lies, deceit & allegations has been buried.”

    Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari took to Twitter and celebrated the Opposition’s win by writing: “Democracy is the best revenge.”

    Pakistan Muslim League Nawaz’s (PML-N) leader Maryam Nawaz said, “Congratulations to Pakistan for getting rid of the most incompetent and most failed government.”

    Timeline of the events since April 3

    The legal battle against NA dissolution raged on for five consecutive days.

    April 3:

    National Assembly (NA) Deputy Speaker Qasim Suri on April 3 said that the no-confidence motion, presented on March 8, should be according to the law and the Constitution. “No foreign power shall be allowed to topple an elected government through a conspiracy,” he said, adding that the points raised by the law minister about Article 5 were “valid”.

    After Suri on Sunday “dismissed” the no-confidence motion against PM Khan, terming it against Article 5 of the Constitution, the legal war began. PM Khan then addressed the nation, saying he had advised President Dr Arif Alvi to dissolve the National Assembly, which the President approved. 

    CJP Umar Ata Bandial took suo motu of the dismissal of the no-confidence motion.

    April 4:

    On Monday, April 4 the CJP had remarked that the court would issue a “reasonable order on the issue”, but the hearing was adjourned after Farooq H. Naek, the counsel of PPP and other Opposition parties, presented his arguments.

    April 5:

    The Supreme Court on Tuesday, April 5 sought a record of the National Assembly proceedings conducted on the no-confidence motion filed against Prime Minister Imran Khan and adjourned the proceedings till April 6.

    PPP Senator Raza Rabbani quoted media reports about the ECP had said it was not possible to hold general elections within three months. However, the ECP denied issuing any statement concerning elections.

    April 6:

    CJP Bandial on Wednesday, April 6, said, “We first want to wrap up the case on what happened in the NA on April 3,” the CJP remarked.

    The chief justice said that “negative statements” are being issued against the court and it is being said that the court is delaying the matter.

    April 7:

    The court, in its short order, on Thursday, April 7, ruled that the deputy speaker’s ruling was “contrary to the Constitution and the law and of no legal effect, and the same are hereby set aside”.