Current Final

Tag: Supreme Court

  • ‘Sadiq aur Ameen’: Can PM Khan be disqualified?

    ‘Sadiq aur Ameen’: Can PM Khan be disqualified?

    Prime Minister (PM) Imran Khan and his ruling party are being criticised by the Opposition after a scrutiny committee of the Election Commission of Pakistan (ECP) reported that the party received funding from foreign nationals and companies, under-reported funds, and concealed dozens of its bank accounts.

    Lashing out at the premier, Pakistan Muslim League-Nawaz (PML-N) president Shehbaz Sharif said, “Truth has a strange way of exposing people. The facade of ‘Sadiq aur Ameen’ [Truthful and honest] has been shredded into pieces.”

    The Current reached out to the legal experts to understand what will happen to PM Khan’s stance of being truthful and honest and will the Supreme Court (SC) disqualify him.

    It is being speculated that the ruling PTI may only face confiscation of funds but another notion is that the election commission can take action against the party head under the corrupt practices clause of the election act.

    Former Additional Advocate General Punjab and Advocate Supreme Court, Faisal Hussain Chaudhry while speaking to The Current said, “The Prime Minister cannot be declared or disqualified in this aspect. This aspect has been dealt with by SCP. Secondly one has to see whether the accounts were concealed.”

    “The party chairman submitted the accounts which were duly audited by a chartered accountant. It’s not his own, he just submitted the documents,” said Hussain.

    “Similar cases which contain the same allegation, more or less, are on Nawaz Sharif and Asif Ali Zardari are also pending. So, whatever the consequence of this case would be, it will be applicable to the other parties as well,” said Hussain.

    Reema Omer, a legal adviser for the International Commission of Jurists (ICJ) in a conversation with The Current said, “A question that arises from this case is whether PM Khan would cease to be “honest and Ameen” under Article 62(1)(f) of the Constitution if the ECP finds the PTI had received foreign funding, given that as head of the party, he issued certificates pledging that the PTI received no funds from any source prohibited under the law.”

    “Supreme Court’s interpretation of Article 62(1)(f) has been arbitrary and inconsistent, which makes it difficult to predict how such a plea would be decided,” she added.

    “However, given the dangers inherent in the SC disqualifying members of parliament on vague and subjective grounds and making declarations about their honesty, such a provision should be construed narrowly. It is time laws such as Article 62(1)(f) are repealed or read down — not given more teeth,” said Reema.

    “Imran Khan’s disqualification was one of Hanif Abbasi’s prayers in the petition before the Supreme Court. The SC did not give any definitive answer and left it open, to be determined once the issue of foreign funds is decided,” said Reema Omer.

  • ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    ‘Used’:Rana Shamim in trouble as court frame charges against ex-judge

    The Islamabad High Court (IHC) on Tuesday set January 7, 2022, as the date for framing charges against former Gilgit-Baltistan Chief Judge Rana Shamim and others in a case related to an affidavit that accuses former Chief Justice of Pakistan (CJP) Mian Saqib Nisar of colluding to deny bails to Pakistan Muslim League-Nawaz (PML-N) leadership prior to the 2018 elections.

    During the hearing today, CJ IHC Athar Minallah observed that Shamim’s written response submitted to the court had “laid the entire blame” on journalist Ansar Abbasi [the journalist who published the story accusing CJP Nisar], recalling that the former jurist had also maintained that he had not shared the affidavit with anyone.

    He added that in similar circumstances, courts in the United Kingdom asked journalists to disclose their sources but the IHC would not do so.

    “The judge [mentioned in] the affidavit was on leave at the time. Attempts were also made to cast doubt on the two judges on the bench,” Justice Minallah said.

    Justice Minallah said the matter had “nothing to do” with the former CJP. “Go and do what you want to do with Mian Saqib Nisar,” he remarked.

    He recalled that proceedings had started because of an attempt to cast suspicion on judges of the high court. “[This] perception is being created which everyone has started believing as true,” Justice Minallah said.

    “Where was that perception when bail was granted two weeks later by this same court?” he questioned.

    Attorney General of Pakistan (AGP) Khalid Jawed Khan said that the concerned document was very important in contempt of court case. Shamim’s counsel, Lateef Afridi, responded that Shamim had said the affidavit was a “private document” and was written at his wife’s request.

    “By now, even Rana Shamim must have come to know how sensitive this issue is,” Justice Minallah remarked.

    “Contempt of court cases were initiated against Firdous Ashiq Awan in [the IHC] and Imran Khan in the Supreme Court. What happened in those cases? Such cases are initiated and the court has to show mercy,” Afridi responded.

    Afridi said Shamim “did not know about the affidavit’s consequences when he wrote it”. The judge reiterated his question about who the beneficiaries were to which Afridi again responded that he did know and requested the court to not waste time on the issue since there were other cases pending.

    The chief justice remarked, “What if Kulbhushan Jadhav (Indian spy) submitted an affidavit saying his case should not be heard by this court since it is compromised? This is a serious matter. Understand the consequences of this affidavit.”

    Meanwhile, journalist Ansar Abbasi said that he had talked to Shamim a day before the report was published. “Rana Shamim also [messaged] me that what I read out was correct,” the journalist said.

    Subsequently, the attorney general requested the court to indict Shamim and others. Terming Shamim responsible since he was the one who wrote the affidavit, the AG said the ex-judge had committed contempt of court.

    “Since the past three days, there are [reports] that the affidavit was written in someone’s office. It is surprising that no denial has come forth,” the AG said.

    Shamim’s counsel responded that the matter had been denied in a TV interview. However, the AGP argued that no denials were made by those related to the matter.

    “Rana Shamim should accept that he was used and apologise. If he does, then I too will [ask the court] to not take action. If he doesn’t apologise, then set a date quickly for indictment,” the AG requested the court.

    Subsequently, the court set January 7, 2022, as the date for framing charges.

  • SCBA pays tribute to Benzair Bhutto

    The Supreme Court Bar Association (SCBA) paid tribute to Shaheed Mohtarma Benazir Bhutto on her 14th death anniversary.

    “Mr Muhammad Ahsan Bhoon, President, Supreme Court Bar Association of Pakistan, has paid tribute to Shaheed Mohtrama Benzair Bhutto, (the first lady and twice democratically elected Premier of a Muslim country), on her 14th death anniversary.”

    “While paying homage to Shaheed Mohtarma, the President said that she was an exceptional and charismatic leader who set topmost standards in politics based on self-esteem, truthfulness and integrity.”

    “All her life, she struggled for upholding rule of law, supremacy of the constitution for intensification of the democratic values.”

    “She was a symbol of judicious, democratic and liberal Pakistan and had shown the courage and valor against those who opted to resort extremism and perhaps that is the reason for which she was assassinated,” the President opined.

    Benazir Bhutto was assassinated in a gun-and-bomb attack in Rawalpindi’s Liaquat Bagh on December 27, 2007. She was elected as prime minister of Pakistan twice. She was the first woman to lead a Muslim country.

  • ‘Get out from here’: SC reinstates Murtaza Wahab as Administrator Karachi after unconditional apology

    ‘Get out from here’: SC reinstates Murtaza Wahab as Administrator Karachi after unconditional apology

    The Supreme Court (SC) took back its order for the removal of Murtaza Wahab from the post of Administrator Karachi after he tendered an “unconditional apology” during a hearing of the Gutter Baghicha case at the Karachi Registry on Monday.

    The court directed that the post of administrator be “kept away from politics” and instructed Wahab to fulfill his responsibilities while remaining above “political affiliation and pressure”.

    Earlier, a two-member bench comprising Chief Justice Gulzar Ahmed and Justice Qazi Mohammad Amin issued a directive for Wahab’s removal after a heated exchange with him.

    Attorney General of Pakistan Khalid Jawed Khan, Advocate General of Sindh Salman Talib Ud Din, Karachi Commissioner Iqbal Memon, Wahab, and Senior Director of the anti-encroachment department Bashir Siddiqui were present during today’s hearing.

    During the hearing of a matter related to the Gutter Baghicha park, Justice Amin, while addressing Wahab remarked, “These are state lands [and] not your personal property. [You will] have to return them. If we don’t take them [back] then someone else will. You will return the lands.”

    “Should we leave the government?” Wahab questioned, saying that major observations are made about the provincial government by the court.

    “Silence yourself mister, what are you saying? Don’t do politics here,” the chief justice reprimanded Wahab.

    “Get out from here. We will fire you right now. Are you an administrator or a political leader?” Justice Gulzar questioned. 

    “The administrator, prima facie, failed to perform his duties. The administrator’s behaviour is that of political leaders [and] not of serving the citizens,” the chief justice remarked.

    “Go and transfer Bin Qasim park [and] Hill park in your name. Take Frere [Hall] park too. How many parks are there in Karachi? Finish them now. Distribute the few remaining parks among your officers as well,” the chief justice scolded Wahab.

    “Is Karachi your personal property?” he questioned.

    Murtaza Wahab later apologised to the court for using harsh words.

    “I apologise for my behavior,” Wahab said.

    Justice Qazi Amin remarked that they have removed him [Wahab] from office. “You are no longer an administrator. You are not part of the state but the government,” he said.

    Wahab, while speaking to the media during a break in the hearing, said that he accepted whatever the court’s decision would be.

    He said that he has apologised to the court. “I was stating my opinion with great respect,” said Wahab, adding that this court is his own court.

    “[A person] should be heard before issuing a decision against them,” Wahab said as he looked forward to the court’s final decision after the break.

    The court later accepted the apology of Murtaza Wahab after a short break in the proceedings and withdrew the order to remove him from office.

  • SC orders action against officials who issued permits for Nasla Tower construction

    The Supreme Court (SC) has given orders to authorities to take strict action against those officials who issued construction permits to build the illegal 15-storeyed Nasla Tower on Monday.

    A two-judge bench comprising Chief Justice Gulzar Ahmed and Justice Qazi Mohammad Amin ordered the anti-corruption department to register a case against those who are responsible for the issuance of construction permits. They also directed the police to file a separate case against them.

    The Deputy Inspector General (DIG) West has been given instructions to take immediate action against the officials who had approved the Nasla Tower building plan and present a report to the Supreme Court.

    The Supreme court also ordered to seize the 780 square yards of the land the tower was constructed upon and directed the official assignee of Sindh High Court (SHC) to take possession of the land and prohibit its sale.

    The Chief Justice also expressed his anger over the slow pace of the demolition procedure of the Nasla Tower. He asked Karachi Commissioner Iqbal Memon, “Such a building is torn down within one hour in the world. What are you people doing?”

    The Karachi Commissioner replied that five floors have been demolished so far and currently 400 labourers are working on the given task.

  • Chief Justice proposes Justice Ayesha Malik’s name for SC judge, again

    Chief Justice proposes Justice Ayesha Malik’s name for SC judge, again

    Chief Justice of Pakistan (CJP) Gulzar Ahmed has proposed the name of Lahore High Court (LHC) Justice Ayesha Malik for her appointment as a judge of the Supreme Court of Pakistan (SC) once again. A meeting of Judicial Commission of Pakistan (JCP) has been again called by the CJP on January 6 to consider Justice Ayesha’s nomination.

    CJP Gulzar Ahmed is due to retire in February 2022.

    Read more- Judicial reforms and the question of representation

    The decision to propose her name again has been welcomed by Women In Law, which is an initiative that brings together female lawyers of Pakistan and works for their equality of opportunity in the profession.

    Earlier, the JCP in September did not approve the nomination of Justice Ayesha Malik for SC appointment.

    Read more- In-depth analysis: Everything you need to know about Justice Ayesha Malik’s SC appointment

    If appointed, Justice Ayesha Malik will be the first woman to reach the apex court, and in the future can be appointed as the Chief Justice of Pakistan.

    As per the Lahore High Court website, Justice Ayesha Malik completed her education from Paris and New York and did her Senior Cambridge from the Karachi Grammar School. She did her A-Levels from the Francis Holland School for Girls in London. She assumed office in March 2012.

    Read more- Pakistan judiciary’s missed moment

  • Zardari case records went missing seven years ago during transportation

    Zardari case records went missing seven years ago during transportation

    The Islamabad High Court (IHC) on Thursday noticed that the National Accountability Bureau (NAB) has challenged the acquittal of former President Asif Ali Zardari without obtaining the original record of the case, reports Dawn.

    A two-member bench comprising of Chief Justice (CJ) Athar Minallah and Justice Aamer Farooq was hearing NAB’s appeal against the acquittal of Zardari in a case.

    NAB Additional Prosecutor General Jahanzaib Khan Bharwana informed the bench that the original record of the reference had gone missing.

    The court noted that it took NAB seven years to realise that the appeals were filed without possessing the original record.

    Bharwana told the court the record had gone missing while it was being transported from the Lahore High Court to the Supreme Court.

    Justice Aamer Farooq questioned, “Please, tell us whether the anti-corruption watchdog is interested in pursuing its appeal or not?” reports The News.

    Farooq said that NAB’s cases do not have any substance, adding, “NAB’s job is to hold corrupt people accountable. Now it is time to hold it accountable.”

    CJ Minallah said NAB should now admit it had made a mistake by filing these references since it did not have proof against the former president.

    “And if indeed, there were no proofs, then the court will also take action against the former bureau chairman in whose tenure these cases had been filed,” said IHC CJ.

    Justice Minallah asked whether the NAB officials had any idea what cost the country’s economy had to pay for their rash steps. “Truth of the matter is that the bureau had failed to satisfy the accountability court with respect to allegations against Zardari,” he added.

  • PM Khan refers to the alleged audio leak of CJP Nisar as a ‘drama’

    PM Khan refers to the alleged audio leak of CJP Nisar as a ‘drama’

    Addressing the Kamyab Jawan Convention 2021 in Islamabad, Prime Minister (PM) Imran Khan termed the alleged leaked audio of the former Chief Justice of Pakistan (CJP) Saqib Nisar as a “drama”.

    “You need to understand from where all this started. A country where the head, prime minister, and ministers start stealing and taking public funds abroad […] countries are not poor because of lack of resources, they become poor when government officials start stealing from the people. Such a country can never progress,” said PM Khan.

    “It is unfortunate that a man [Nawaz Sharif] who has been convicted by the Supreme Court and has absconded from the country addresses the event,” PM Khan

    Commenting on the Asma Jahangir Conference, PM Khan said, “There was a function in Lahore where the chief justice and Supreme Court judges are invited, and who addresses that event? A man [Nawaz Sharif] who has been convicted by the Supreme Court and who has absconded from the country. It is unfortunate.”

    He added that a nation was destroyed when it stopped considering looting money a bad thing.

    “When a nation’s morals die, that nation dies.”

    “No one can wipe out a nation if its morality is intact,” he remarked.

    “You may call the courts and army bad, I have already been dubbed badly. But you need to answer from where did you get the money to buy those apartments,” PM Imran Khan

    Commenting on the Panama Papers, the premier said that the investigation revealed that PML-N leader Maryam Nawaz owned four flats in London.

    “Where did this money [for the apartments] come from?”

    “You may call the courts bad, you may call the army bad and I have already been [dubbed] bad … But answer from where did you get the money to buy those apartments?”

    The prime minister went on to say that he had been dragged to the court over an apartment he owned in the United Kingdom.

    “[But] I submitted all the details [regarding the case] to the court,” he added, pointing out that he had bought the apartment when he was a cricketer and not a public office holder. “[Yet] I produced all the receipts, but they (PML-N leaders) lied in the National Assembly [regarding their assets].”

    “Not a single document [has been shared] that shows the means to buy the flats [owned by them],” he said.

    “Ever since we came into power three years ago, I am hearing that we will fail,” said the premier

    Addressing the audience, especially the youth, PM Khan said that people told him that in a two-party system, a third party could not form the government. “Ever since we came into power three years ago, I am hearing that we will fail.”

    “Everyone said it was impossible, but Allah made it possible,” he noted, adding that no person has ever become successful through shortcuts, as the secret to success was having a big vision and determination.

    The prime minister said the country was going through a tough time due to the coronavirus as businesses had halted and prices of commodities shot up.

    However, to alleviate the adverse effects of the pandemic, “the government, through Kamyab Pakistan, will provide interest-free loans to four million deserving households for building their own homes and teach them skills,” he said.

  • PM Khan summoned by Supreme Court in APS massacre case

    Prime Minister (PM) Imran Khan arrived at the Supreme Court of Pakistan (SCP) to appear before the apex court’s bench today (Wednesday) after he was summoned to attend a hearing of the Army Public School (APS) massacre, reports Geo News.

    The apex court summoned the prime minister to appear before the bench when the hearing resumed at 11:30am, in his personal capacity.

    During the previous hearing of the case, parents of the children martyred in the 2014 terrorist attack had complained to the court that they had lost their children in the incident hence the top civil and military leadership of the country should be summoned by the Supreme Court.

    During the hearing, the attorney-general sought time from the court to seek directives from the premier and other officials so he can respond to the court.

    However, the bench said this was a very serious case and that it would summon the prime minister and seek answers from him.

    The attorney-general asked for further time for the prime minister to appear before the court. However, the bench expressed anger at his request and said the parents of the victims of the APS massacre are also in court.

    During the hearing, the issue of the government holding talks with the banned Tehrik-i-Taliban Pakistan (TTP) was also mentioned.

    Justice Qazi Amin remarked that there are reports that the government is holding negotiations with a group and added, “Is it not the responsibility of the state to identify the real culprits [behind the APS tragedy] and nab them?”

    Meanwhile, Chief Justice of Pakistan (CJP) Gulzar Ahmed intervened and said we cannot leave the children alone to die.

  • Supreme Court orders demolition of Nasla Tower in a week

    Supreme Court orders demolition of Nasla Tower in a week

    The Supreme Court has ordered to demolish Nasla Tower in Karachi within a week and has sought a report on it, Geo News reported.

    During the hearing, the apex court ordered to use the latest technology in the process and take all the expenses from the owner of Nasla Tower.

    The court said that within a week, the Nasla tower should be demolished by a controlled ammunition blast and no damage should be done to buildings or people near the site.

    The court directed the owner of Nasla Tower to return the money to the residents.

    The court also directed the concerned authorities to submit a report within a week.

    The district administration has issued notices to the residents of Nasla Tower to vacate the building on a court order.

    Earlier, a resident can be heard in a video saying, ‘’I will commit suicide if Nasla Tower is demolished.”

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