Pakistan Supreme Court updates

SC finds flaws in police investigation techniques​

Nasir Iqbal
April 27, 2024

ISLAMABAD: The Supreme Court on Friday emphasised the need for making concerted efforts on part of the police force to shift its investigation techniques by introducing and relying on forensic science and accordingly train specialised officers in this field.

“The cornerstone of criminal justice system is the effective functionality of the investigating agency and prosecution since a faulty investigative process will continuously dampen trust and confidence in the criminal justice system,” observed Justice Ayesha A. Malik in a judgement she wrote.

Justice Malik was a member of a three-judge SC bench, headed by Justice Mohammad Ali Mazhar, which had taken up an appeal by Mohammad Ramzan against the July 4, 2013 Lahore High Court order acquitting Khizar Hayat of murder charges by not confirming the death sentence awarded to the accused.

On April 28, 2009, then Khushab additional sessions judge had awarded death sentence to Khizar Hayat for murdering Mohammad Hayat. The accused challenged his conviction and got acquittal by the high court.

Suggests reliance on forensic science to improve prosecution; upholds LHC order acquitting murder accused

“Time has come for the investigation agency to recognise inherent flaws and concerns in its methodology and it needs to work towards specialising its investigative functions by separating the same from other police duties,” emphasised Justice Malik in her judgement.

She observed that the entire case of the prosecution relied on the ocular accounts which were fraught with material contradictions uncorroborated by available evidence. Moreover, she said, the presence of witnesses at the crime scene was highly doubtful and questionable.

The principle of fair trial and due process under Article 10A of the Constitution, Justice Malik emphasised, specifically mandated that the accused be equitably treated, investigated and prosecuted in accordance with the law.

“But in the case at hand, it was revealed that the entire prosecution evidence was marred by inherent improbabilities and material defects, aside from concerns about the credibility of the witnesses,” the judgement regretted.

“It is the duty of the prosecution to establish the guilt against the accused beyond a reasonable doubt,” it said, adding that the facts and circumstances of the present case clearly cast a shadow of doubt on the prosecution’s case, which had failed to prove the guilt of the accused beyond reasonable doubt, which entitled him to the presumption of innocence by law.

“It is essential to emphasise the importance of forensic science in the criminal justice system,” the judgement said, adding that forensic dealt with ‘the application of scientific techniques to provide objective, circumstantial evidence’.

“Forensic is a science ‘of interest to the legal system’ whose objective is to ascertain what happened in the recent past. Forensic science means nothing more than the science which is used in the courts of law for the purposes of detection and prosecution of crime,” the judgement recalled.

“This science plays a significant role in the criminal justice system by providing data that can be used to assess the degree of guilt of a suspect.”

In the present case, the judgement said, the prosecution had not established the motive, adding that the high court’s view was correct in which it stated that in the absence of any corroborating evidence, it did not appear to be a sound and reasonable motive as stated by the prosecution for the commission of the offence.

The apex court dismissed the present criminal petition with an observation that the findings rendered by the LHC did not suffer from any flaw or error.

Published in Dawn, April 27th, 2024

SC issues contempt notice to Monal restaurant owner, seeks details on Margalla Hills development​

Apex court says Afzal's anti-SC campaign falsely claimed court's decision caused his employees' unemployment

APP
August 15, 2024


PHOTO: EXPRESS

ISLAMABAD: The Supreme Court (SC) of Pakistan on Thursday issued a contempt of court notice to Luqman Ali Afzal, the owner of Monal Restaurant, over a propaganda campaign against the court.

The court also requested details from the Khyber Pakhtunkhwa (K-P) province within two weeks regarding Dino Valley in the Margalla Hills National Park. The hearing focused on commercial activities and housing societies in Margalla Hills.

The SC's order noted that the government had withdrawn the notification transferring control of the Wildlife Management Board to the Ministry of Interior. The respondents had agreed in court that the restaurants would be relocated from the National Park area.

The court stated that Afzal had campaigned against the SC, falsely claiming that the court's decision had led to the unemployment of his employees.

The court also noted that the Prime Minister’s Office had withdrawn the notification regarding the Wildlife Management Board and emphasised that the PM Office should not be disrespected. The matter is left to the government to determine whether the advisory was in the public or personal interest.

The attorney general has been directed to submit a written reply on the issue. During the proceedings, the Chief Justice of Pakistan (CJP) Qazi Faez Isa inquired about Afzal’s whereabouts from his brother, Secretary Cabinet Kamran Ali Afzal, who was unaware of his location.

The court expressed concern over the absence of lawyers Makhdoom Ali Khan and Salman Akram Raja, remarking that senior lawyers often appear briefly to obtain stay orders but are seldom seen thereafter.

The CJP further questioned the chairman of the Capital Development Authority (CDA) about advertisements for a private housing society. The chairman responded that he had only seen these ads after the issue was raised.

The CJP asked if the CDA would act against the private housing society only after public exploitation or if a contempt of court case should be initiated against the CDA. The chairman stated that the housing society fell under the jurisdiction of K-P.

Advocate Shahkhawar, representing the housing society, claimed that the society was within K-P jurisdiction and that the advertisements displayed in Islamabad were a result of an officer’s approach to sponsorship. He also stated that the society was being established on his client's personal land.

The court questioned whether a contempt of court notice should be served to the society owner for possibly misleading the public by associating the society with the army without properly noting the owner’s retirement status.

DG Giliat and Pine City owner Captain (retd) Saddiq Anwar appeared before the court. The CJP reminded that the SC had ruled that no constructions should be permitted in Margalla Hills. The court then adjourned further hearings of the case.

Every case shouldn't be sent to constitutional benches: Justice Mansoor​

'Leave some cases with us too', the senior most judge remarked while hearing case in Supreme Court

News Desk
November 04, 2024

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Supreme Court (SC) judge Justice Mansoor Ali Shah on Monday opposed transferring every case to constitutional benches, suggesting that more cases should remain with regular top court benches for efficiency.

Justice Mansoor made the remarks during a hearing on an overbilling case, where the SC judge, speaking to the petitioner’s counsel, advised against forwarding every case to a constitutional bench, noting, “Leave some cases with us too.”

During the proceedings, the petitioner’s counsel argued that the 26th Amendment had introduced new grounds, potentially justifying the case’s referral to a constitutional bench.

However, Justice Shah responded that this particular case did not involve significant constitutional or legal questions, making a constitutional bench unnecessary.

The court subsequently closed the case, noting that appeals regarding previous judgments on overbilling remained pending.

JCP restructured ahead of maiden session

Meanwhile, the Judicial Commission of Pakistan (JCP) is scheduled to convene its first meeting on Tuesday, November 5 to discuss constitutional benches to be formed within the Supreme Court in view of the newly passed 26th Constitutional Amendment and establishment of a JCP secretariat.

The JCP, a body whose one of key tasks is to nominate judges to superior courtshas also been reconstituted in the wake of last month's constitutional amendments.


According to the notification of the meeting issued by the JCP secretary on Saturday, the commission chaired by Chief Justice of Pakistan (CJ) Yahya Afridi now comprises 12 members including three senior SC judgesSyed Mansoor Ali Shah, Munib Akhtar and Aminuddin Khan.

Other members include Attorney-General for Pakistan Mansoor Awan, Minister for Law Azam Nazeer Tarar and a representative of the bar, Akhtar Hussain Advocate.
The commission now includes four MPsa senator and an MNA from the treasury benches, a senator and an MNA from the opposition benches. A member has also been nominated for the women's seat.


Prior to issuance of the notification, National Assembly Speaker Ayaz Sadiq nominated these members to the JCP and later intimated the commission about the decision through a letter.

The speaker nominated NA Leader of Opposition Omar Ayub of the PTI and MNA Sheikh Aftab Ahmed of the PML-N to the commission. He also nominated Senator Farooq Naek of the PPP and Senator Shibli Faraz of the PTI from the Senate as a member of the constitutional body.

Roshan Khursheed Bharucha was nominated as a woman member of the JCP. She hails from Balochistan and is a former senator. This nomination was made as per sub-paragraph (viii) of clause (2) of Article 175A of the Constitution, which permits the speaker to nominate a woman or a non-Muslim to the JCP.

The NA speaker forwarded these names to the commission after consulting with Senate Chairman Syed Yusuf Raza Gillani and all the parliamentary parties. The nomination of names from parliament is on the basis of equal representation from both the government and the opposition.


According to the JCP notification, the commission will convene at the Supreme Court building at 2pm on November 5 to discuss establishment of a secretariat for the commission and nomination of judges for constitutional benches of the Supreme Court.


Constitutional benches have been created at the Supreme Court through an amendment to Article 191-A. "There shall be a constitutional bench of the Supreme Court, which may comprise an equal number of judges from each province," the amended article states.

These benches will hear original, appellate and advisory jurisdiction of the top court.

On October 21, the controversial 26th Constitutional Amendment sailed through parliament after the ruling coalition succeeded in rallying two-thirds of lawmakers' support.

The amendments changed the procedure for the selection of the chief justice of Pakistan while also paving the way for formation of constitutional benches in the Supreme Court.

Govt raises superior judicial, house rent allowance for SC judges​

Umer Mehtab
November 7, 2024


The federal government has significantly increased the superior judicial and house rent allowance for the judges of the Supreme Court, a notification issued by the Ministry of Law and Justice said on Thursday.

Earlier this week, the government had increased the house rent and the salaries of the high court judges, after the law ministry — according to sources — had asked to revise the house rent of judges from Rs65,000, considering the surge in house rents in Islamabad over the years.

According to the notification — signed by acting president Syed Yousaf Raza Gillani — issued on November 4, the house rent of SC judges has increased from Rs68,000 to Rs350,000.

Likewise, the superior judicial allowance of the judges has also been increased from Rs4,28,040 to Rs1,061,163.

The order made changes to paragraphs 20 and 22 of the Supreme Court Judges (leave, pension and privilege) Order, 1997.

It will be called Supreme Court Judges (Leave. Pension and Privileges) (Amendment) Order, 2024, the notification said.

Last year, former Senate chairman Sadiq Sanjrani had increased the monthly salaries of the chief justice of Pakistan (CJP) and other Supreme Court judges to Rs1.2 million and Rs1.1m, respectively.

There are judges who are considered to be very honest judges. .
1 Justice Cornelius................. Christian
2 Justice Rana Bhagwan Das...... Hindu
3 Justice Darab Patel............. Parsi

SC gives Khyber-Pakhtunkhwa one month to finalise stone crushing rules​

A five-member constitutional bench, led by Justice Aminuddin Khan, heard the case on Monday.

News Desk
March 17, 2025

The Supreme Court of Pakistan has directed the Khyber-Pakhtunkhwa (KP) government to finalise and implement regulations for stone crushing within a month, rejecting its request for a three-month extension.

A five-member constitutional bench, led by Justice Aminuddin Khan, heard the case on Monday. The proceedings focused on the environmental impact of stone crushing operations and their proximity to residential areas, Express News reported.

During the hearing, K-P’s Additional Advocate General (AAG) informed the court that the province has 903 stone crushing plants, of which 544 are operational, 230 are under construction, and 37 have been issued show-cause notices.

Additionally, 210 plants were sealed for violating regulations.

Justice Jamal Mandokhail questioned the overall enforcement of laws, remarking, "The constitution is not followed here, and you are talking about rules." He stressed the importance of not only setting rules but also ensuring their effective implementation.



Justice Hashim Khan Kakar inquired about the legal framework governing stone crushing operations.

The AAG responded that previous regulations prohibited setting up stone crushers within one kilometre of populated areas, but a revised law now allows their establishment at a minimum of 500 metres in urban areas and 300 metres in rural regions.

Environmental concerns were also raised during the hearing. Waqar Zakariya, a commission member, pointed out that wind patterns could carry dust particles from stone crushers into residential areas, making distance restrictions ineffective.

He suggested that dust suppression measures, such as tree plantations and irrigation systems, should be mandated for crusher operators.

The K-P government requested three months to finalise the rules, but the court declined the request, granting only one month. Justice Kakar asked, "Should people keep suffering during this time?" He noted that public health and environmental safety must take priority.

Meanwhile, lawyer Khawaja Haris, representing the stone crushing industry, argued that a pending appeal against the Supreme Court’s earlier ruling should be considered before any new regulations are enforced. However, Justice Mandokhail questioned whether the appeal applied retroactively or only after the 26th constitutional amendment.

The court concluded by directing the K-P government to seek approval for its rules from the National Environmental Council within a month. The case was adjourned for further review after the deadline.

Anti-Corruption Hotline only deals with SC-related complaints​

Nasir Iqbal
March 22, 2025

ISLAMABAD: The Supreme Court on Friday clarified that the dedicated Anti-Corruption Hotline to reinforce the superior court’s commitment to accountability and removing hurdles in expeditious justice to the public has been established exclusively to address complaints directly related to the top court.

In a statement, the Supreme Court clarified that the Anti-Corruption Hotline has been established exclusively to address complaints directly related to the Supreme Court and this includes only corrupt practices concerning its officials, administrative processes, case fixation, certified copies, and other institutional matters.

Complaints beyond the mandate will not be entertained and responded through this platform, the SC explanation said.

On March 19 (Wednesday), Chief Justice of Pakistan Yahya Afridi had announced the initiative and said it is meant to show the top court’s determination to foster an environment free of corruption and guided by principles of accountability and fairness, said an official handout.

The statement said the whistleblower’s identity will be protected and the choice of his/her remaining anonymous will be fully respected.

The hotline is accessible through multiple channels, including phone, online portal, email, and text messages, and supports communication in Urdu and English. It operates 24/7, allowing people to report incidents at any time, ensuring inclusivity and ease of access.

The complainants are requested to register their complaints on this WhatsApp number: 03264442444.

The Anti-Corruption officer of the Supreme Court will be in touch with them and provide information regarding the complaint from time to time.

Published in Dawn, March 22nd, 2025

Justice reforms need stakeholder ownership: CJP​

The participants were briefed on the proposed agenda of the NJPMC

Our Correspondent
April 09, 2025



Justice Yahya Afridi. PHOTO: FILE

ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi held a consultative session at the Supreme Court to engage stakeholders and improve justice service delivery.

The session was intended to seek participants' views on reforms specifically and inexpensive justice, litigants' facilitation and an integrated policy approach to re-aligning justice system of the country.

Emphasizing the role of Bar in the administration of justice, the CJP/ Chairman, National Judicial (Policy Making) Committee (NJPMC) asserted that only those reforms yield results that have ownership of stakeholders.

He further stated that this sitting was one of the series of meetings being held with the stakeholders to get feedback on the agenda of the upcoming meeting of the NJPMC.

The participants were briefed on the proposed agenda of the NJPMC which included Institutional Response on Cases of Enforced Disappearances.

High court CJs empowered to regulate lower courts: SC​

Nasir Iqbal
April 12, 2025

The Supreme Court has ruled that the chief justices of high courts are responsible for supervising and regulating the proceedings of lower courts, including the Anti-Terrorism Courts (ATC).

The order was issued by a three-judge bench on an appeal filed by the Punjab government against the Lahore High Court (LHC) chief justice’s refusal to transfer cases from one ATC judge to another.

In June 2024, the then LHC chief justice Malik Shahzad Ahmad Khan dismissed the Punjab government’s appeal to transfer May 9 cases involving PTI founder Imran Khan and other leaders from Rawalpindi ATC Judge Malik Ejaz Asif.

Justice Khan, who is now a Supreme Court judge, had also imposed a fine of Rs200,000 on the government.

Judge Asif had drawn the ire of the Punjab government for visiting the incarcerated PTI leader in prison. The provincial government also filed a reference against the judge, accusing him of being “sympathetic” to Mr Khan.

The reference was also dismissed by the then LHC chief justice.

The SC bench, headed by Chief Justice of Pakistan (CJP) Yahya Afridi, noted the Punjab government had taken a particular exception to some paragraphs of Justice Khan’s order.

It argued that the paragraphs were not only “uncalled for” but also beyond the LHC chief justice’s mandate.

The paragraphs in question were about the professional conduct of the judicial officers and “disapproving the conduct” of the Punjab government, the Supreme Court noted, without reproducing the observations in its order.

In the judgment, CJP Afridi said it was essential to recognise the special supervisory authority vested in LHC CJ under Article 203 of the Constitution — which empowers high courts to “supervise and control” all subordinate courts.

In light of this provision, the SC order noted, the LHC chief justice was “not only empowered to address the issue at hand with his discretion, but also duty-bound to protect the Presiding Judges of the District Judiciary from any undue executive influence”.

The judgment said the LHC chief justice “duly considered” the reference brought by the Punjab government against the ATC judge accusing him of bias.

However, after taking into consideration the allegations and the response of the ATC judge, the LHC CJ decided to file the reference but ultimately dismissed it over insufficient grounds, the SC order stated.

After the reference was dismissed, the government filed the transfer application “solely on the fact that a reference had been made, despite no convincing evidence being presented to substantiate the allegations”.

“This sequence reinforces the conclusion that the transfer request lacked sufficient merit to justify further action.”

The SC judgment also noted that the LHC CJ acted within his constitutional authority under Article 203 to supervise the proceedings of subordinate courts.

After dismissing the reference against the ATC judge, the LHC CJ was also “fully justified” in not taking further action on the transfer application.

The Supreme Court noted the administrative actions of the LHC CJ to manage and supervise lower courts should not be disturbed unless they are “blatantly unreasonable, capricious or arbitrary”.

“[This is] not apparent in the circumstances of the present cases,” the judgment said.

The court noted that observations made by the LHC CJ, whether favourable or adverse, will not be binding in any future proceedings.

“The praise directed towards judicial officers should not be construed as a shield that protects them from legitimate scrutiny, nor should the critical remarks regarding state functionaries … treated as a sword to prejudice or undermine their future conduct.”

Published in Dawn, April 12th, 2025

SC hears pleas against judges transfer, serves notice to acting IHC CJ​

Umer Mehtab
April 14, 2025



This photo combo shows (clockwise) Justices Naeem Akhtar Afghan, Muhammad Ali Mazhar, Shahid Bilal Hassan, Shakeel Ahmed and Salahuddin Panhwar. — SC website
A five-member constitutional bench of the Supreme Court on Monday issued notices to the Islamabad High Court (IHC) acting chief justice and its two other judges as it took up pleas against their recent transfer to the court and the subsequent changes in the seniority list.

The bench — headed by Justice Muhammad Ali Mazhar and comprising Justices Naeem Akhtar Afghan, Shahid Bilal Hassan, Salahuddin Panhwar, and Shakeel Ahmed — took up petitions filed by five IHC judges, the Karachi Bar Association (KBA) and the IHC Bar Association, among others.

In February, Justice Sardar Mohammad Sarfraz Dogar from the Lahore High Court (LHC), Justice Khadim Hussain Soomro from the Sindh High Court (SHC) and Justice Muhammad Asif from the Balochistan High Court (BHC) were transferred to the IHC.

The controversy centres around the alteration of the judges’ seniority list after these transfers as Justice Dogar was made the senior puisne judge, which paved the way for his appointment as the acting IHC CJ after Justice Aamer Farooq’s elevation to the SC.

Today, the five-member bench took up a set of petitions over the matter.