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Tag: Supreme Court

  • Supreme Court issues notice to ex-DG ISI Faiz Hameed in Shaukat Aziz Siddiqui plea

    Supreme Court issues notice to ex-DG ISI Faiz Hameed in Shaukat Aziz Siddiqui plea

    The Supreme Court on Friday issued notices to former Inter-Services Intelligence (ISI) director-general Faiz Hameed and others on former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui’s petition challenging his removal.

    The notices were also issued to former IHC chief justice Anwar Khan Kasi, former registrar of the Supreme Court Arbab Muhammad Arif, and retired brigadier Irfan Ramay.

    Former IHC Chief Justice Anwar Khan Kasi
    Former Registrar of the Supreme Court Arbab Muhammad Arif
    Retired Brigadier Irfan Ramay

    A five-member bench led by CJP Qazi Faez Isa, comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat Khan, conducted proceedings on the plea.

    Today’s hearing was broadcast live on the apex court’s website as well as on its YouTube channel.

    Siddiqui nominated seven individuals in his amended plea, however, the court remarked that three others — former chief of army chief General (retd) Qamar Javed Bajwa, and two retired brigadiers- Faisal Marwat and Tahir Wafai — had no direct connection with the case.

    A day earlier, the top court ordered Siddiqui to nominate former spy chief Hameed, former army chief General (retd) Qamar Javed Bajwa, and others in the plea against his dismissal.

    Following the order, the former judge requested to make Bajwa and Hameed parties in the case related to his suspension along with IHC chief justice Anwar Khan Kasi, former registrar of the Supreme Court Arbab Muhammad Arif, retired brigadier Irfan Ramay, retired brigadier Faisal Marwat and retired brigadier Tahir Wafai.

    The case was fixed for hearing earlier this month after the judge filed a miscellaneous application with the Supreme Court to conduct an early hearing of his plea against the decision by the Supreme Judicial Council (SJC) on his dismissal.

    Lawyer Hamid Khan represented the former IHC judge in the case.

    The Case

    President Arif Alvi on October 11, 2018, removed Justice Shaukat Aziz Siddiqui as judge of the Islamabad High Court (IHC) on the recommendation of the Supreme Judicial Council (SCJ).

    The president took the decision under Article 209(5)on the SJC recommendation under Article 209(6) read with Article 48(1) of the Constitution, a notification issued by the Ministry of Law and Justice stated.

    The council unanimously opined that while delivering the speech before the District Bar Association in Rawalpindi on July 21, Justice Shaukat Aziz Siddiqui, an IHC judge, displayed conduct unbecoming of a high court judge.

    Judges on the panel included: Then Chief Justice of Pakistan Mian Saqib Nisar, Justice Asif Saeed Khosa, Justice Gulzar Ahmad, Lahore High Court’s Chief Justice Yawar Ali, and Chief Justice of the Sindh High Court Justice Ahmed Ali Sheikh.

    Justice Khosa said that the judge in question chose to address a meeting of the district bar association, Rawalpindi on July 21 at a time when many inquiries were pending against him before the SJC under Article 209.

    In his speech, Siddiqui accused the Inter-Services Intelligence (ISI) of manipulating judicial proceedings, especially in the Panamagate case.

    The ex-judge had submitted a plea against the Supreme Judicial Council’s (SJC) decision to dismiss him after a complaint was filed against him for inflammatory speeches.

  • Live proceedings of case against dismissal of ex-judge Shaukat Siddiqui

    Live proceedings of case against dismissal of ex-judge Shaukat Siddiqui

    The Supreme Court (SC) on Thursday resumed the hearing of a plea filed by former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui and ordered him to nominate former Inter-Services Intelligence (ISI) chief General Faiz Hamid and others in the plea against his dismissal.

    A five-member bench led by Chief Justice of Pakistan Qazi Faez Isa heard the case. The other members of the bench are Justice Aminuddin Khan, Justice Irfan Saadat Khan, Justice Jamal Khan Mandokhail, and Justice Syed Hasan Azhar Rizvi.

    The proceedings were broadcast live on the apex court’s website as well as on its YouTube channel.

    Lawyer Hamid Khan represented the former IHC judge in the case.

    Siddiqui has filed a miscellaneous application with the Supreme Court along with the case related to his dismissal from office. 

    The former judge has requested to make former army chief Gen (retd) Qamar Javed Bajwa and former ISI head Faiz Hameed parties in the case related to his suspension.

    The case was fixed for hearing earlier this month after the judge filed a miscellaneous application with the Supreme Court to conduct an early hearing of his plea against the decision by the Supreme Judicial Council (SJC) on his dismissal.

    Order

    The SC order, issued by the bench, mentioned that allegations were levelled against some personalities who were not present at the case’s hearing. It added that those accused in the case must be made parties.

    “How will he, who is not a party, present his position in front of the court?” the order read.

    The order also mentioned that the bench will not be available to hear the petition from Monday due to winter vacations.

    The case

    President Arif Alvi on October 11, 2018, removed Justice Shaukat Aziz Siddiqui as judge of the Islamabad High Court (IHC) on the recommendation of the Supreme Judicial Council (SCJ).

    The president took the decision under Article 209(5)on the SJC recommendation under Article 209(6) read with Article 48(1) of the Constitution, a notification issued by the Ministry of Law and Justice stated.

    The council unanimously opined that while delivering the speech before the District Bar Association in Rawalpindi on July 21, Justice Shaukat Aziz Siddiqui, an IHC judge, displayed conduct unbecoming of a high court judge.

    Judges on the panel included: Then Chief Justice of Pakistan Mian Saqib Nisar, Justice Asif Saeed Khosa, Justice Gulzar Ahmad, Lahore High Court’s Chief Justice Yawar Ali, and Chief Justice of the Sindh High Court Justice Ahmed Ali Sheikh.

    Justice Khosa said that the judge in question chose to address a meeting of the district bar association, Rawalpindi on July 21 at a time when many inquiries were pending against him before the SJC under Article 209.

    In his speech, Siddiqui accused the Inter-Services Intelligence (ISI) of manipulating judicial proceedings, especially in the Panamagate case.

    The ex-judge had submitted a plea against the Supreme Judicial Council’s (SJC) decision to dismiss him after a complaint was filed against him for inflammatory speeches.

  • Civilians to be tried in military court; Supreme Court decides

    Civilians to be tried in military court; Supreme Court decides

    The Supreme Court has, by a majority of 5-1, suspended its October 23 order that declared the trials of civilians in military courts null and void regarding the May 9 riots.

    The decision came in response to intra-court appeals (ICAs) filed by the federal and provincial governments, as well as the defense ministry, challenging the earlier verdict.

    A six-member bench of the Supreme Court, headed by Justice Sardar Tariq Masood and comprising Justice Aminuddin Khan, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan heard the set of intra-court appeals.

    Justice Hilali differed with the majority decision.

    On October 23, a five-member apex court bench headed by Justice Ahsan unanimously admitted the pleas and nullified the government’s decision to try civilians in military courts in connection with the May 9 riots which erupted after the arrest of Pakistan Tehreek-e-Insaf (PTI)-then chairman Imran Khan.

    Four judges out of the five declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) are “ultra vires the Constitution and of no legal effect”.

    “Without prejudice to the generality of the foregoing the trials of civilians and accused persons, being around 103 persons […] shall be tried by criminal courts of competent jurisdiction established under the ordinary and/or special law of the land in relation to such offences of which they may stand accused,” the short order read.

    Following its verdict, the federal and the provincial governments along with the defence ministry filed intra-court appeals (ICAs). However, the caretaker government of Sindh refused to file any plea against the SC order.

    Justice Masood, who faced objections regarding his inclusion in the bench, refused to recuse himself.

    Former Chief Justice Jawwad S Khawaja and others had raised concerns about Justice Masood’s previous expressions on the matter, but the judge maintained his position.

    The Supreme Court’s recent decision to suspend the October 23 verdict means that the trials of 103 civilians will continue, with the final ruling conditional upon the Supreme Court’s subsequent orders.

  • SC to hear reference asking Zulkiqar Bhutto’s execution be declared judicial murder

    SC to hear reference asking Zulkiqar Bhutto’s execution be declared judicial murder


    On December 12, a larger bench of the Supreme Court, led by Chief Justice of Pakistan Qazi Faez Isa, comprising nine members, is scheduled to hear on the presidential reference regarding the reconsideration of the judgment on Bhutto’s death sentence.

    It has been decided to schedule a presidential reference hearing to declare the execution of Pakistan People’s Party (PPP) founder and former prime minister Zulfikar Ali Bhutto as judicial murder.

    According to sources, the presidential reference regarding Zulfiqar Bhutto’s execution is likely to be scheduled for hearing next week.

    According to the sources of Geo News, a larger bench will hear the presidential reference related to Zulfikar Ali Bhutto.

    Sources also said that the presidential reference will be heard under the chairmanship of Chief Justice of Pakistan (CJP) Qazi Faiz Isa.

    It should be remembered that in 2011, the PPP government, through the then President Asif Ali Zardari, filed a reference in the Supreme Court (SC) regarding the execution of Zulfiqar Ali Bhutto.

    Now, after a long gap of almost 11 years, the reference is going to be fixed for hearing again.

  • Reference case against Justice Mazahar: Application filed to separate Justice Ijaz from Judicial Council

    Reference case against Justice Mazahar: Application filed to separate Justice Ijaz from Judicial Council

    An application asking to separate Justice Ejazul Ahsan from the Supreme Judicial Council (SJC) on the issue of a complaint against Supreme Court (SC) Justice Mazahir Naqvi in the SJC has been filed.

    Mian Dawood Advocate filed a constitutional petition in the SC in which the Federal Government and the Secretary SJC have been made parties, while the order sheet of the case of former CCPO Ghulam Mehmood Dogar is also attached to the petition.

    It has been argued in the petition that Justice Ijaz should be removed from the council hearing the complaint against Justice Mazahar, and another senior judge should be made a part of the SJC in his place.

    It has been said in the petition that the reference to corruption and misconduct against Justice Naqvi is under hearing in the Judicial Council. On the complaint of the petitioner, the Judicial Council has issued a second show cause notice to Justice Mazahar. In relation to the Ghulam Mahmood Dogar case, Justice Ijaz was part of the bench that heard the case; therefore, legally and in principle, no judge who heard the case of Ghulam Mahmood Dogar can be a member of the Judicial Council.

    It has been further stated in the petition that Justice Ejazul Ahsan being a member of the SJC is against Articles 10A and 9 of the Constitution. Justice Ejaz will not be able to meet the demands of justice in the council.

  • Toshakhana Case: Court rejects Imran Khan’s withdrawal petition

    Toshakhana Case: Court rejects Imran Khan’s withdrawal petition

    The Islamabad High Court (IHC) on Wednesday rejected the plea of former prime minister Imran Khan to withdraw his petition challenging the Election Commission of Pakistan’s (ECP) decision on his disqualification in the Toshakhana case.

    On October 28, 2022, the former Pakistan. Tehreek-e-Insaf (PTI) chief filed a plea against his disqualification by the electoral body. He filed another petition on January 18, 2023, to withdraw his appeal against ECP.

    Imran Khan requested the withdrawal of his plea from IHC as the matter is pending before Lahore High Court (LHC).

    Justice Aamer Farooq announced the verdict, reserved on September 13, today, after hearing the arguments of all parties.

    The ECP disqualified Imran Khan on October 21, 2022, under Article 63(1)(p). The electoral watchdog said in its verdict that the PTI founder is not a member of the National Assembly anymore, and he is disqualified for making “false statements and incorrect declaration”.

    The decision of Khan’s disqualification was taken by the five members’ bench, and the ECP stated that Imran was found involved in corrupt practices, including submitting a false affidavit.

  • Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice Qazi Faez Isa nay Mercedes neelami pay lagga dee

    Chief Justice of Pakistan Qazi Faez Isa, has ordered that two luxury vehicles, allocated for his use by both the federal and Punjab governments, should be auctioned, as per Geo News.

    The decision comes as Chief Justice Isa deems the allocation an “inappropriate splurge of scarce public resources.”

    The Supreme Court registrar communicated the Chief Justice’s decision through a letter addressed to the federal government, cabinet secretary and Punjab chief secretary.

    The letter revealed that in September 2020, the apex court purchased a new Mercedes Benz, 2996 CC sedan for the Chief Justice at the cost of Rs61 million.

    Furthermore, the Government of Punjab provided a brand new bullet-proof Toyota Land Cruiser with registration number LEG-S00 for the use of the Chief Justice of Pakistan.

    The vehicle is currently stationed at the Supreme Court Rest House in the Government Officers Residence (GOR), Lahore.

    The communication emphasized that, by established rules, every judge of the apex court is entitled to two vehicles.

    “Justice Isa has not used the said Mercedes sedan nor the Toyota Land Cruiser,” said the letter. It further stated that it is an “inappropriate splurge of scarce public resources to buy imported luxury vehicles for the use of constitutional and public office holders”.

    “Therefore, these vehicles may be collected and auctioned and the money realised from the sale be spent on much needed public transport,” said the letter.

    Justice Isa took oath as the 29th CJP in September of this year after his predecessor Umar Ata Bandial hung up his robes.

    Justice Isa’s tenure as the country’s chief justice, however, will be quite brief, as he is set to retire from the position on October 25, 2024.

    He took oath as the apex court’s judge on September 5, 2014.

  • Rifts in PTI over ‘selection’ of new Chairman

    Rifts in PTI over ‘selection’ of new Chairman

    In a dramatic turn of events within the Pakistan Tehreek-e-Insaf (PTI), founding member and dissenter Akbar S. Babar has raised concerns over the nomination of Barrister Gohar Ali Khan for the party chairman’s position.

    Accusing the move of being more of a “selection than an election,” Babar, who previously filed the foreign funding case against the PTI, expressed doubts about the transparency and credibility of the intra-party election process.

    He said, “This must be a first that elections for the party’s central leadership have been announced without its electoral college in place as the electoral college of PTI’s central leadership is an elected provincial leadership which does not exist.”

    According to Babar, the prolonged intra-party election process, initiated during the COVID-19 pandemic with a one-year extension granted by the Election Commission of Pakistan (ECP), has failed to live up to the party’s commitment to transparent and fair elections.

    Babar proposed that the Commission should appoint ‘obervers’ to monitor the PTI intra-party elections as it is already discussing the matter.

    Babar, who served as the party’s central information secretary and vice-president in the past, claimed that it appears that the PTI has learnt hardly any lesson from its past history of holding rigged intra-party elections.

    The decision to nominate Barrister Gohar Ali Khan, described as a ‘newcomer,’ has sparked internal discord within the party.

    Some party leaders drew parallels between this nomination and the controversial appointment of Usman Buzdar as the Punjab chief minister, a move that faced criticism for its perceived lack of merit.

    The selection of Barrister Gohar Ali Khan over other loyalists within the party, such as Ali Muhammad Khan, Senator Humayun Mohmand, and Advocate Hamid Khan, has raised eyebrows among insiders.

    One party leader, speaking anonymously to Dawn, voiced apprehensions about Khan’s association with PPP leader Barrister Aitzaz Ahsan, considering it an unwise move given the sensitive nature of the party chairman position.

    “Unfortunately, Imran Khan has again done an experiment, just like Usman Buzdar, who left him when his difficult time started. The position of the party chairman is very sensitive and it could be used against the party,” he feared.

  • Who is Barrister Gohar Khan?

    Who is Barrister Gohar Khan?

    Barrister Gohar Khan is an advocate of the Supreme Court of Pakistan and appears in all high courts as well.

    He is from Khyber Pukhtunkhwa’s Buner district and was formerly affiliated with Pakistan People’s Party (PPP), contesting on a National Assembly seat from there in 2008 on PPP ticket.

    He joined Pakistan Tehreek-e-Insaf (PTI) in 2022 in the presence of former Chief Minister Khyber Pukhtunkhwa Pervez Khattak who himself has left PTI to form his own political party Pakistan Tehreek-e-Insaf Parliamentarians (PTIP).

    The Barrister is a law graduate from Wolverhampton University, UK with LLM from Washington School of Law, USA. Gohar has been in active law practice with more than 50 reported judgments to his credit on subjects ranging from taxation, commercial, corporate, arbitration, banking, election, etc.

    The new chairman of PTI has civil and criminal trials experience, and even has the honour to appear before the Supreme Judicial Council, Field General Court Martial, and its Court of Appeal.

    His clients include public and private companies and important persons, including Imran Khan.

  • Who will be the chairman of PTI?

    Who will be the chairman of PTI?

    A tumultuous day unfolded within the ranks of the Pakistan Tehreek-e-Insaf (PTI) as conflicting statements emerged regarding Imran Khan’s role in the upcoming intra-party polls.

    Senior Vice President Sher Afzal Khan Marwat asserted on Tuesday that Imran Khan, currently incarcerated in Adiala jail, had decided not to vie for the position of party chairman, citing legal constraints and his disqualification in the Toshakhana case.

    PTI clarified that discussions were still going on about crucial matters related to intra-party elections, emphasizing that no decision had been made regarding Imran Khan’s participation or the nomination of an alternative leader.

    Despite the party’s denial, Marwat stood by his initial statement. He took to X (former Twitter) and said, “Whatever I have said in my media talk about the intra-party election is a correct statement. The decisions were taken by Chairman PTI in the presence of Senator Ali Zafar, Barrister Gohar Umair Niazi and myself. I fail to understand who is behind the contradiction and why the misleading statement was issued. The media are advised to verify my statement with the above persons if you don’t mind.”

    Attempting to shed light on the situation, PTI Senator Ali Zafar appeared on a Geo News show on Tuesday, stating that there was no confusion within the party.

    “Two to three decisions were made together with him. Firstly, he asked what is the legal status of the ECP’s order to hold intra-party elections so I told him that it is illegal and we should appeal so the decision was made to appeal it,” he said.

    Zafar clarified that discussions also revolved around Imran Khan’s potential participation in the elections and the perception that the ECP might hinder the PTI’s symbol of the bat.

    He said finally a decision was reached that, if need be, if there was any concern arose that the ECP would raise an objection if Imran contested the elections, “then it is better than that that we at the moment hold elections in which Imran Khan doesn’t contest and we nominate someone else [for party chairman].”

    Zafar pointed out that a final decision remained to be taken on the above matter after considering all legal aspects, adding that he would announce the “exact decision” of whether Imran would contest the intra-party elections or not tomorrow.

    “If he (Imran) nominates someone else and a final decision is taken then elections will be held,” Zafar said.

    Marwat then appeared in Ary News show 11th hour with Waseem Badami and confirmed that Barrister Gohar’s name has been finalized for the chairmanship.

    While talking about the backlash he faced on social media after his initial statement, he tweeted, “Those maligning me constantly, kindly stop portraying me desperate for leadership! I didn’t come here on motive to conquer politics. It needs alot of courage to fight under these pressure circumstances. Anyone who is loyal to Pakistan, would appreciate efforts I am making. I am standing with Imran Khan and Pakistan in these difficult times because I believe in adversity, all of us must fight back against this oppression and not give up.”

    Former Governor Punjab, Latif Khosa, also entered the debate on Wednesday and said, “We can’t even think about minus Imran Khan. Imran Khan has denied all these claims.”

    The entire fiasco ended when it was officially announced by PTI that Barrister Gohar would be the candidate for chairman in intra-party election.