Current Final

Tag: Supreme Court

  • Fact Check: Authorities break silence on claims regarding top judge ‘contracting coronavirus’

    Fact Check: Authorities break silence on claims regarding top judge ‘contracting coronavirus’

    Claim: Chief Justice Gulzar Ahmed has contracted COVID-19

    Fact: CJP Gulzar Ahmed has not tested positive for COVID-19

    Authorities have rubbished claims regarding Chief Justice of Pakistan (CJP) Gulzar Ahmed contracting coronavirus, which had surfaced after an employee reportedly from the top judge’s chamber at the Supreme Court (SC) tested positive for COVID-19 on Tuesday.

    According to Dawn, the apex court, in a statement, has said that the CJP, his family and his secretary have all tested negative for the coronavirus.

    The statement added that the top judge’s tests were conducted after an employee of the court developed symptoms of Covid-19, following which he was put under quarantine as a suspected coronavirus patient.

    The employee, a Naib Qasid at the apex court, had first tested negative for the virus, but the result was “doubtful” and another test was conducted which turned out to be positive, the statement read.

    The employee has now been isolated at a polyclinic in Islamabad.

    Earlier in the day, reports circulated on local media that an employee in the CJP’s chamber had tested positive. However, the statement did not clarify whether the coronavirus-positive employee worked in the chief justice’s chamber but merely referred to him as an “employee of the Supreme Court”.

    The reports had led to claims that the top judge had also tested positive for COVID-19.

    VERDICT: FALSE

  • Coronavirus: Supreme Court orders sacking of Dr Zafar Mirza

    Coronavirus: Supreme Court orders sacking of Dr Zafar Mirza

    The Supreme Court (SC) on Monday told the federal government to remove Special Assistant to Prime Minister (SAPM) on Health Dr Zafar Mirza from his post as coronavirus continues to spread across the country amid the alleged incompetence of the authorities concerned.

    According to reports, the apex court, while hearing a suo motu case regarding the situation arising out of the COVID-19 outbreak, expressed displeasure over the performance of Dr Mirza in dealing with the pandemic and ordered the government to remove him.

    A five-member larger bench of the apex court — headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed — was hearing the case.

    During the hearing, the CJP expressed anger and said the top court was not satisfied with the performance of premier’s aide as a health advisor.

    The top judge also asked the attorney general of Pakistan (AGP) about the ongoing inquiry against Dr Mirza by the Federal Investigation Agency (FIA).

    The AGP informed the court that FIA was investigating him for alleged smuggling of face masks to China.

    “Removing Zafar Mirza from the post at this point will not be suitable for the country as it can worsen the health crisis,” the government’s lawyer told the court.

    CJP Gulzar had on Friday taken his first suo motu notice over “insufficient facilities” in the country to deal with the COVID-19 outbreak.

    He had issued notices to the AGP and health as well as interior secretaries besides also summoning all chief secretaries and advocate generals.

  • Imran govt renamed ‘Benazir Income Support Programme’ as ‘Ehsaas’

    Imran govt renamed ‘Benazir Income Support Programme’ as ‘Ehsaas’

    In yet another embarrassing development for the ruling Pakistan Tehreek-e-Insaf (PTI), the government’s lawyer has told the Supreme Court (SC) that Benazir Income Support Programme (BISP) — a flagship project of the Pakistan People’s Party’s (PPP) government for poverty reduction — was renamed as Ehsaas — a similar and much-boasted-about initiative by Prime Minister (PM) Imran Khan.

    As per the details, Attorney General for Pakistan (AGP) Khalid Jawed Khan on Tuesday told the apex court that the data collected by BISP, “which had been renamed as Ehsaas”, was being used by the government to ensure that money reaches the poor amid lockdowns due to the spread of coronavirus.

    A five-member larger bench of the apex court headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justice Umar Ata Bandial, Justice Mazhar Alam Khan Miankhel, Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed was hearing the case regarding the closure of hospitals in the country during the global outbreak.

    During the course of proceedings, the AGP apprised the court that he had talked to Special Assistant to the PM (SAPM) on Health Dr Zafar Mirza regarding the court’s query about the closure of out-patient departments of hospitals, who wanted to give a briefing to the court on the steps taken by the government in the health sector. The government was taking steps to combat the virus, he added.

    Justice Umar Ata Bandial said the government had to help the people on the ground. “If there were local governments, the people would have been helped at the grassroots level,” he said, adding that the local government system in the country, including Islamabad, was dysfunctional.

    The CJP said the government’s job was not to keep employees on contract instead of appointing on a regular basis.

    The AGP said that the federal cabinet had discussed the matter.

    The CJP asked the government to appoint all employees on a regular basis in all the departments of hospitals. “Many cases were pending in the SC regarding the regularisation of employees,” he remarked.

    CJP Gulzar further said the government had appointed the employees on a contract basis, instead of recruiting them through the Public Service Commission.

    He said the parliament should be in session at all times to formulate new laws. The job of courts was not to make laws, he added.

    The CJP then asked who was being paid under the Ehsaas programme, to which the AGP replied that the government would give money to those below the poverty line.

    “How will the government know if money reached the poor or not?” the top judge question.

    “The data collected by BISP, which had been renamed as Ehsaas, is being used,” the lawyer said in response, adding that Ehsaas programme had been approved by a foreign agency.

    WATCH VIDEO:

    https://twitter.com/fatah_pak/status/1247592261300424708?s=21

    PPP REACTS:

    Reacting to the revelation, PPP Information Secretary Dr Nafisa Shah has expressed her shock and said that a law made by the parliament could not be changed.

    “Thousands of poor have been left without income support by the people who are haters of the late Benazir Bhutto,” she said in a statement and asked what kind of Ehsaas took away bread from the poor women of Pakistan.

    Shah said that this was the time when the neglected needed the most help, but the government had let them down.

    “BISP had given confidence to the poor women of Pakistan. By changing the name of this programme poor women have been deprived of their income. Imran Khan and his government have no right or authority to change the name of a programme established by [the] parliament,” she concluded.

  • Coronavirus: Top judge slams PTI govt, says ‘nothing being done on ground’

    Coronavirus: Top judge slams PTI govt, says ‘nothing being done on ground’

    Chief Justice of Pakistan (CJP) Gulzar Ahmed has rebuked the Pakistan Tehreek-e-Insaf (PTI) led federal government for its “insufficient” measures to contain the new coronavirus, declaring that “nothing is being done on ground”.

    The top judge’s remarks came as COVID-19 infections in Pakistan crossed 3,500 with at least 52 deaths on Monday.

    Hearing an appeal against the verdict announced by the Islamabad High Court (IHC), the CJP directed the government to grant bail to low-risk under-trial prisoners (UTPs) during the pandemic.

    At the outset of the hearing, he said that the government had closed the out-patient departments (OPDs) of all hospitals, leaving no place for patients to seek treatment at such a crucial time.

    “Hospitals have been closed when we need them. Up till now, 10 hospitals with 1,000 beds each should have been made operational,” he said.

    “Everyone is talking about funds, no one is doing anything. The public has been left at the mercy of God,” he remarked. The chief justice also criticised the government’s efforts to encourage people to stay indoors in order to curb the spread of the disease.

    The attorney general (AG) said that the federal government is taking best possible measures to fight the deadly contagion. He further stated that another report, apprising about the situation in the country has also been submitted before the court.

    The top judge said that Minister for Human Rights Shireen Mazari filed a reply that the Peshawar High Court has ordered the release of 3,200 prisoners.

    The AG replied that no such verdict was given by the (PHC), adding that the human rights minister might be mistaken.

    The chief justice also questioned the competence of State Minster for Health Dr Zafar Mirza, saying that he is just being given coverage on media on a daily basis.

    The top court remarked that no one has come from the Defence Ministry. “The court needs to inquire about what the Defence Ministry is up to,” the SC remarked.

    To this, the AG responded that no one from the ministry was summoned yet.

    On Saturday, senior lawyer Khawaja Haris had urged the top court to reconsider its decision of revoking the IHC ruling. In a set of recommendations submitted to the apex court, Haris said that the IHC had announced the verdict in line with the law due to the ongoing crisis.

    He had said that it is imperative that measures are taken to curb the spread of the coronavirus.

  • Court orders jailing health secy for six months if PMDC building not opened in an hour

    Court orders jailing health secy for six months if PMDC building not opened in an hour

    Expressing displeasure with the federal government over its failure to revive the Pakistan Medical and Dental Council (PMDC), the Islamabad High Court (IHC) on Monday ordered jailing the health secretary for six months if the building was not opened in an hour.

    PMDC — a statutory regulatory authority that maintained the official register of medical and dental practitioners in Pakistan — was in October last year dissolved and replaced by the Pakistan Medical Commission after the president signed the Pakistan Medical Commission Ordinance 2019 for the regulation of the medical profession.

    On February 11, the IHC declared the federal government’s decision to dissolve the PMDC null and void. The court also issued contempt notices to the federal government and health department for not implementing its orders.

    According to SAMAA, Justice Mohsin Akhtar Kayani resumed hearing the contempt case on Monday. He said the PMDC should be made functional today. The authorities should break the lock on its building and make its registrar sit there. “A report should be submitted to the court in one hour,” the judge said.

    The health secretary will be sent to jail for six months if the building is not opened in an hour, he remarked. “I have given you three dates already and you haven’t done anything.”

    Not implementing court’s orders is contempt, the judge remarked. “This is a slap on the court’s face.” Such behaviour does not suit the federal government, said Justice Kayani, adding that the government should be ashamed.

    The court also asked if PMDC employees were getting their salaries or not. The lawyer of the employees said that the they haven’t been paid in over five months.

    TOP COURT AGAINST RELEASE OF PRISONERS AMID COVID-19 OUTBREAK:

    Meanwhile, the Supreme Court (SC) has refrained high courts and all governments to pass any orders regarding the release of prisoners amid the coronavirus outbreak.

    According to journalist Hasnaat Malik, the top court has also suspended the implementation of IHC orders regarding release of under-trial prisoners.

    Punjab had last week decided to let go of almost 20,000 of its 46,000 prisoners amid the ongoing COVID-19 health crisis as jails in Pakistan remain overcrowded.

    Jail superintendents, who had reached out to the courts to approve the bail of prisoners handed sentences of seven years or less, had reportedly taken the step in light of special instructions.

    Bail requests were also filed for prisoners jailed for petty crimes, as well as the elderly, or criminals over 60 years of age.

    The development had come days after IHC Chief Justice (CJ) Athar Minullah had ordered for bails to be issued for prisoners facing trial for minor crimes in order to prevent the spread of the coronavirus. He had made the decision while hearing a case of 1,362 incarcerated prisoners.

    The top IHC judge had noted how prisons in Pakistan were in dire straits and that the situation would get out of control if any prisoner got infected.

  • New top lawyer excuses himself from fighting Justice Faez Isa case for PTI govt

    New top lawyer excuses himself from fighting Justice Faez Isa case for PTI govt

    The newly-appointed attorney general of Pakistan (AGP) — chief law officer and legal advisor of the government –, Khalid Javed Khan, has recused himself from representing the Pakistan Tehreek-e-Insaf (PTI) in the Justice Qazi Faez Isa case.

    Justice Faez Isa, a vocal critic of the establishment, has been facing a presidential reference accusing him of concealing his properties in the United Kingdom (UK), allegedly held in the name of his wife and children. He has submitted before the Supreme Court (SC) that these properties were bought and have always been held in plain sight in the personal names of his wife and children.

    “The government has recommended the name of Additional Attorney General (AAG) Aamir Rehman to represent it in the Supreme Court,” Khalid said Monday, adding that he could not represent the federation. “I have already stated my opinion regarding the Justice Isa reference,” he explained, while his predecessor, Anwar Mansoor Khan, who was representing the government in the case against the top court judge, withdrew his unwarranted statement and tendered unconditional apology.

    Anwar had stepped down from the post after lawyer bodies demanding his resignation for his “baseless” claims against certain judges of the SC. He was replaced by Khalid as Prime Minister (PM) Imran Khan appointed him last week.

    The Pakistan Bar Council (PBC) had demanded Mansoor’s resignation over some comments he made regarding Supreme Court judges, for which he had been reprimanded by the court as well.

    During the hearing on Monday, the AGP told the court that AAG Aamir Rehman was ready for the case.

    Justice Ata Bandial, who is heading the 10-judge bench hearing the Justice Isa reference said the court would give the government additional time to prepare for the case.

    AAG Rehman had on Friday filed an application with the apex court, submitting that the hearing of the petition of Justice Isa as well as the identical petitions challenging the presidential reference fixed for February 24 may be adjourned for three weeks.

    As the hearing resumed on Monday, the AAG told the court that he would be out of the country till March 20 for some official work. On this, Justice Bandial said one of the judges on the bench would be away after March 20 and they would hear the case upon his return.

  • Ishaq Dar to take govt to court for turning his residence into shelter home

    Ishaq Dar to take govt to court for turning his residence into shelter home

    Pakistan Muslim League-Nawaz (PML-N) leader and former finance minister Ishaq Dar has accused the federal and Punjab governments of contempt of court for turning his Lahore residence — seized as part of the National Accountability Bureau’s (NAB) action against him in an assets beyond means case — into a shelter home.

    “They have violated the decision of the Islamabad High Court (IHC) and I will take them to court for it,” Dar said in a video message tweeted by the PML-N.

    Dar’s 4 kanal 17 marla residence in Lahore’s posh Gulberg area was seized on July 27, 2019, on NAB’s orders and was to be auctioned last month.

    “The government had raided my residence in Lahore and wanted to auction it in January, but the court had on January 27 barred it from doing so,” Dar said in the video, adding that when the government failed to auction it, it decided to convert the house into a shelter home.  

    He termed the conversion of his residence as “state terrorism”, and maintained that he had proof of his innocence. “I can show it to the world in a global conference but I’m waiting for the right time.”

    Dar had left Pakistan in 2017 to seek medical treatment abroad and hasn’t returned since. On May 8, 2018, he was ordered by the Supreme Court (SC) to return to the country and Pakistan had even sought Interpol’s help for the same, however, on November 7, 2019, Interpol had said there was insufficient evidence against Dar for his extradition.

    His house is going to be inaugurated as a shelter home by Punjab Social Welfare Department on Saturday. As many as 40 people will be given a place to stay in the house, and beds have been set up in what was once a living room. Each room is air-conditioned and separate rooms for women have also been set up.

  • Even I’ll lose my house if DHA is investigated: chief justice

    Even I’ll lose my house if DHA is investigated: chief justice

    Chief Justice of Pakistan (CJP) Gulzar Ahmed has reprimanded officials from the Defence Housing Authority (DHA) and the Cantonment Board Clifton (CBC) over their failure to stop the rise of encroachments in Karachi, directing them to demolish all illegally constructed buildings in Punjab Colony, Delhi Colony, PNT Colony and Gizri Road areas of the metropolis.

    According to Daily Times, a three-member bench of the Supreme Court (SC) — headed by the CJP and comprising Justice Faisal Arab and Justice Sajjad Ali Shah — while hearing a case pertaining to encroachments in the provincial metropolis, at the apex court’s Karachi Registry on Friday issued orders to clear illegal structures built on government properties in the port city.

    During the hearing, the CJP reprimanded both DHA and CBC officials over their failure to stop the rise of encroachments in Karachi, directing them to demolish all illegally constructed buildings in Punjab Colony, Delhi Colony, PNT Colony and Gizri Road areas of the metropolis.

    He admonished the CBC land director for “closing his eyes when ill-gotten money was being made”, and lamented that fortunes had been amassed and now the court was being told that the buildings are illegal. “If permission is granted for ground-plus-one buildings in cantonment areas, how is it that high-rise buildings have been built in these sectors? Buildings with nine stories are being built, and they must be razed to the ground,” the CJP told the CBC.

    “If an investigation is launched [into encroachments], the entire DHA would be found to be illegal. All leases will be dismissed, and hum bhi farig hojaein gay [we will be made to walk as well],” said the CJP as he himself lives in DHA. “But that does not matter, we have to live by the law.”

    Addressing the attorney general, the CJP once again questioned as to who gave permission for constructing the buildings. “It’s not as if the cantonment board can go around doing as they please,” he said.

    This prompted officials from the CBC to say that they have taken action against illegally-constructed buildings on several occasions. “We have given orders for razing unlawful constructions,” stated an official, adding that the laws allowed for constructing ground-plus-two buildings on residential plots and five-storey buildings on commercial plots.

    The court also directed the chief secretary to get rid of all the encroachments in the city and put in a request for the re-settlement of the residents of the katchi abadis and the affected people. He also directed the officials to invite the recommendations of experts through media.

    The case was later adjourned till February 21.

  • Faisal Vawda to be disqualified for being an American citizen?

    Faisal Vawda to be disqualified for being an American citizen?

    Federal Minister for Water Resources Faisal Vawda was a dual national by the time of filing nomination papers for 2018’s general election, and concealed his American citizenship by falsely declaring on the oath he submitted to the Election Commission of Pakistan (ECP), The News has reported.

    According to reports, his status was intact not only when he filed nomination papers on June 11, 2018, but even during the scrutiny of the same.

    The Supreme Court (SC), in a recent judgment, has categorically directed that the candidates who previously held dual nationality should have the renunciation certificate at the time of filing of nomination papers. Various lawmakers, including two senators of Pakistan Muslim League-Nawaz (PML-N), have been disqualified by the top court on this count.

    Both of them had applied for the renunciation of foreign citizenship much earlier, but were unable to obtain the renunciation certificate at the time of filing of nomination papers because of long process.

    In Vawda’s case, the last date to file nomination papers for the election held in July 2018 was June 8 and later extended for another three days. Taking his document an evidence, Vawda submitted election papers on the last date — June 11, 2018 — along with an affidavit wherein he declared himself holding no citizenship other than that of Pakistan.

    The returning officer (RO) of NA-249 Karachi — Vawda’s constituency — approved the papers on June 18, 2018. It was only after this approval that the now federal minister applied for renunciation of his United States (US) nationality in US Consulate Karachi, meaning thereby he was American citizen at the time of filing.

    Vawda applied for revocation of his American citizenship in US Consulate Karachi on June 22, 2018. Normally, the process of renunciation of US nationality takes a couple of weeks or even months because it requires clearance from all the concerned departments. However, the US Consulate issued the ‘Certificate of Loss of Nationality’ to Vawda on next working day, documents revealed.

    Three top legal experts from Vawda’s own party, including Federal Minister Fawad Chaudhry and former interim law minister Ali Zafar, are unanimous in their opinion that whoever holds dual nationality at the time of submitting nomination papers is set to not only face instant disqualification, but he or she can also be penalised on the charges of perjury.

    His dual citizenship didn’t go unchallenged. His rival candidate Abdul Qadir Mandokhel of Pakistan People’s Party (PPP) moved Sindh High Court (SHC) in order to disqualify his candidature. However, after a couple of court hearings, Mandokhel withdrew his petition from the apex court. Explaining the reason of pulling out, he told The News he did so “under immense pressure” that he faced not only from certain quarters but also from the leadership of his own party.

    Taking opinion of top legal minds as a guide, Vawda stands disqualified as a member of the Lower House if his case is judged on the same standards which were applied when the apex court dealt with those of leaders of the PML-N, PPP and other political parties.

    A source close to Vawda was quoted as claiming by the media outlet that the now minister was not in favor of surrendering his American passport because he was unsure about winning the election. “However, once he was assured of his victory, only then he applied for the revocation of US citizenship,” he said.

    Meanwhile, ECP spokesperson Nadeem Qasim said the election watchdog cannot take notice on the dual nationality of any parliamentarian by its own. “Someone has to challenge the dual nationality of the said parliamentarian in the court of ECP. If proved that the said parliamentarian was a foreign national at the time of filing of nomination papers, then he will be disqualified,” he was quoted as saying.

  • The Current Quiz: Which chief justice of Pakistan are you?

    The Current Quiz: Which chief justice of Pakistan are you?

    With Chief Justice of Pakistan (CJP) Asif Saeed Khan Khosa retiring and Justice Gulzar Ahmed being sworn in as the new top judge, The Current brings for you a personality quiz to find out which of the most popular CJPs are you.

    [forminator_quiz id=”42802″]