Pakistan High Courts updates

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JCP proposes Justice Qasim Khan as LHC CJ



ISLAMABAD: The Judicial Commission of Pakistan (JCP) on Monday recommended the name of Justice Qasim Khan as Chief Justice of Lahore High Court (LHC).

Meeting of the Judicial Commission of Pakistan for appointment of judges in the superior courts was held here in the Supreme Court with Chief Justice of Pakistan Justice Gulzar Ahmed in the chair.

It is pertinent to mention here that Justice Mamoon Rashid Sheikh, the incumbent Chief Justice of Lahore High Court is going to retire on March 18, 2020. On January 2, Justice Mamoon Rashid Sheikh took oath as the 49th Chief Justice of the Lahore High Court (LHC) for a brief period of two months and 18 days.

Following JCP’s recommendation, name of Justice Qasim Khan name now will be referred to the Parliamentary Committee on Judges Appointment, which has the authority to approve or disapprove any name.

 

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LHC to hear Maryam Nawaz’s ECL plea on 18th

LAHORE: The Lahore High Court on Monday fixed Pakistan Muslim League-Nawaz Vice President Maryam Nawaz’s plea seeking her removal from the Exit Control List (ECL) for hearing on February 18.

A two-member bench of the LHC headed by Justice Ali Baqar Najafi will hear the plea. Justice Tariq Saleem Sheikh will be the other member of the bench.

 

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IHC revokes presidential ordinance dissolving PMDC

3:59 PM | February 11, 2020

The Islamabad High Court (IHC) has on Tuesday nullified the presidential ordinance that dissolved the Pakistan Medical and Dental Council (PMDC) and restored all employees.

According to the reports, the IHC declared the formation of the Pakistan Medical Commission (PMC) illegal in its verdict which had been reserved on January 8 by Justice Mohsin Akhtar Kayani.

The PMDC employees expressed joy over the decision and congratulated each other while terming it as a triumph of truth. The detailed verdict will be issued later.

Earlier, President Dr. Arif Alvi had dissolved the PMDC on October 20, 2019 by imposing the Pakistan Commission Ordinance. PMDC Registrar Brigadier (retired) Hafizuddin and other employees had challenged the decision in the IHC.

 

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IHC to scrutinise NAB head’s powers of issuing warrants

February 14, 2020

Says unfettered powers are contradictory to fundamental rights of citizens. — Dawn/File
ISLAMABAD: The Islamabad High Court (IHC) has decided to scrutinise powers of the National Accountability Bureau (NAB) chairman of issuing arrest warrants, observing that unfettered powers of arrest are contradictory to fundamental rights of citizens.

An IHC division bench comprising Chief Justice Athar Minallah and Justice Lubna Saleem Pervez was hearing two petitions seeking post-arrest bail for former prime minister Shahid Khaqan Abbasi and former interior minister Ahsan Iqbal.

The bench adjourned the hearing to Feb 20 as in both the cases the court spent more time in determining the powers of arrest vested in the NAB chairman.

Justice Minallah asked a number of questions from NAB additional prosecutor general Jahanzeb Khan Bharwana and its investigation officers about the LNG terminal case against Mr Abbasi and the Narowal Sports City (NSC) project for which Mr Iqbal is facing an inquiry for expanding the scope of the scheme.

Says unfettered powers are contradictory to fundamental rights of citizens

Ironically, in both the cases, the NAB prosecution could not provide satisfactory answers to the questions put to them by the court regarding reasons for issuance of the arrest warrants that too at the inquiry stage.

Justice Minallah observed that the arrest of a citizen without any justification was against the fundamental rights, liberty and dignity. He asked the NAB prosecution as well as the investigation officers to explain “what were the compelling circumstances that led NAB to issue arrest warrants”.

The investigation officer informed the court that Mr Iqbal was not cooperating with the investigation team.

Mr Iqbal’s counsel Tariq Mehmood Jahangiri produced six call-up notices before the court, saying that the former interior minister was cooperating with NAB and appeared before the investigation team whenever he was summoned. He said that on his sixth appearance in December last year, the investigation officer arrested him from the NAB premises.

“Why do you think that the arrest was indispensible and what led you to believe that the investigation could not be conducted without arresting him?” asked Justice Minallah.

The investigation officer replied that there were apprehensions that Mr Iqbal might tamper with evidence.

“Didn’t you take the relevant record in your custody when the inquiry was entrusted to you?” the bench asked him again.

The officer replied that Mr Iqbal was so powerful that he had manipulated the sports project in 2009 when he was not even a minister.

Justice Minallah expressed displeasure over these answers and warned that “if the arrest is not justified, it would amount to tort”.

Mr Bharwana argued that there were chances of Mr Iqbal’s absconsion. However, when the court inquired whether he was placed on the Exit Control List (ECL), the lead prosecutor replied in negative.

Death cell

Arguing the bail petition of Mr Abbasi, Barrister Zafarullah Khan informed the court that it had been 205 days since Mr Abbasi is in custody and at present he had been confined to death cell.

When the IHC chief justice inquired from NAB as to why Mr Abbasi had been kept in death cell, Mr Bharwana pointed out that the former premier was not in the custody of NAB, adding that he was kept in the judicial lockup since he had been on judicial remand.

Justice Minallah asked the investigation officer “why NAB feels it is inevitable to arrest him [Abbasi] for investigation”.

He replied: “We provided opportunities to him to share relevant details with us, which he didn’t.”

Barrister Khan, on the other hand, said that Mr Abbasi had provided details of his business and assets for the last 20 years.

Justice Minallah wondered whether the investigation officer was repeatedly summoning Mr Abbasi with the expectation that he might confess his crime.

The investigation officer could not respond to the court’s questions such as, “Do you know what the human impact of arrest is? Can you return the dignity of a man who suffered humiliation for being arrested?”

Mr Bharwana informed the court that NAB had detected several transactions in the accounts of Mr Abbasi.

The defence counsel, however, said that these transactions belonged to his private business, adding that the former premier was the 5th largest taxpayer of the country and recently the government issued a commendation certificate to him.

He further said that the government also expanded the LNG terminal project and work had been assigned to the same company — EETPL.

It may be mentioned that NAB in its written reply submitted to the IHC stated that Mr Abbasi was involved in “award of LNG Terminal-I to M/s EETPL at Port Qasim, Karachi, at exorbitant rates”.

It said that Mr Abbasi got cancelled the Fast Track LNG Project — Integrated System — from the Economic Coordination Committee (ECC) on June 27, 2013 and M/s QED Consultant which, according to NAB was selected without adhering to procurement rules, had disqualified the EETPL.

When Justice Minallah asked the investigation officer about the authenticity of this news, he expressed his inability to confirm the information, saying that “I cannot confirm the news right now”.

“You filed the reference without confirmation, you need not to confirm this you must know the facts,” remarked the judge.

The bench adjourned the hearing to Feb 20 and said the final decision would also discuss the parameters for the powers vested in the NAB chairman to issue arrest warrants as the Supreme Court had in a number of judgements pointed out that these powers were not unfettered and unbridled.

Published in Dawn, February 14th, 2020

 

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SHC upholds death sentence of nine Jundullah men in corps commander attack case
February 15, 2020

The Jundullah men were arrested near the Model Colony graveyard on June 13, 2004. — Photo courtesy Wikimedia Commons/File
KARACHI: The Sindh High Court on Friday upheld the death sentence of nine militants of banned Jundullah and acquitted their two associates in the 2006 corps commander convoy attack case.

An antiterrorism appellate bench comprising Justices Muhammad Karim Khan Agha and Abdul Mobeen Lakho had on Jan 28 reserved its verdict on an appeal jointly filed by 11 convicts.

Attaur Rehman alias Ibrahim, Shahzad Ahmed Bajwa, Yaqoob Saeed, Uzair Ahmed, Shoaib Siddiqui, Danish Inam, Najeebullah, Khurrum Saifullah, Shahzad Mukhtar, Khalid Rao and Adnan Shah were sentenced to death by an antiterrorism court on Feb 22, 2006.

The trial court had found them guilty of committing a series of offences, including the June 10, 2004 attack on the motorcade of then corps commander V Corps Lt Gen Ahsan Saleem Hayat, on the old Clifton bridge, which had resulted in the death of six army personnel, three policemen and a passerby.

Over 35 judges of the high court have heard the appeal of 11 Jundullah men filed 14 years ago

All of them had challenged their sentences in the Sindh High Court by filing the appeal in June 2006 that was heard by more than 35 judges over the period.

In its judgement, the SHC appellate bench ruled that the trial court had rightly convicted nine appellants —Rehman, Bajwa, Ahmed, Siddiqui, Inam, Saifullah, Mukhtar, Khalid Rao and Adnan Shah.

The bench partially dismissed the appeal to the extent of the nine above-named convicts. It also answered a reference sent by the trial court for confirmation of sentences awarded to them in the affirmative to the extent of the nine men.

However, the bench acquitted Yaqoob Saeed and Najeebullah and partially allowed their appeal. It also answered in the negative the trial court’s reference against them.

Advocate Mushtaq Ahmed represented the appellants while a deputy prosecutor general represented the state.

The Jundullah men were arrested near the Model Colony graveyard on June 13, 2004.

They were charged with the offences under Sections 302 (premeditated murder), 324 (attempted murder), 404 (dishonest misappropriation of property possessed by deceased person at the time of his death) and 34 (common intention) of the Pakistan Penal Code read with Section 7 (punishment for acts of terrorism) of the Anti-Terrorism Act, 1997 and Sections 3, 4 and 5 of the Explosives Act.

The trial court had also handed down life imprisonment to them for planting two bombs at the bridge. The court had also ordered confiscation of their properties.

The court had sentenced them to 14-year imprisonment for injuring 10 people during the attack and had also imposed a fine of Rs50,000 each.

The trial court had further ordered each convict to pay Rs100,000 compensation to the legal heirs of each deceased.

According to the prosecution, accused Najeebullah had booked a vehicle from its owner for a picnic and had asked the owner to send the vehicle to a house in Federal B. Area.

It cited the testimonies of driver Ghulam Rasool and Bakhtiar Khan as eyewitnesses, who deposed that they reached the designated place at 6am, but only three accused were present there.

It had further mentioned that the accused held the driver and conductor at gunpoint and accused Uzair started driving the van. He deposed that on their way, accused Najeebullah injected something to the conductor and ejected him from the van a little before Jauhar Chowrangi in Gulistan-i-Jauhar while he also injected some drug to the driver and ejected him as well from the vehicle.

The prosecution cited testimony of car rental dealer Ghulam Abbas as its prime eyewitness, who recognised accused Najeebullah. The witness deposed that Najeebullah came to his office on June 9, 2004 to book a HiAce for a picnic on June 10.

Other prosecution witnesses — eyewitnesses Capt Salman Masood, Havildar Abdur Rasheed, Lance Naik Mohammad Safdar, Havildar Zafar Abbas, who were present in the corps commander’s vehicle — had identified accused Bajwa, Siddiqui, Mukhtar and Saifullah as those who attacked the convoy.

Published in Dawn, February 15th, 2020

 

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'This is Pakistan, not India,' says IHC chief justice after cases against AWP, PTM protesters dropped

February 17, 2020

"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Athar Minallah. Dawn/File
The Islamabad High Court (IHC) on Monday wrapped up the bail petitions of 23 workers of the Pashtun Tahaffuz Movement (PTM) and Awami Workers Party (AWP), who were arrested by the Islamabad police last month while protesting against the arrest of PTM chief Manzoor Pashteen

As IHC Chief Justice Athar Minallah resumed the hearing of bail petitions filed by the 23 protesters, Islamabad Deputy Commissioner Hamza Shafqaat told the court that all charges against the protesters had been dropped.

On the basis of the deputy commissioner's statement, the IHC wrapped up the bail petitions of the protesters.

"After the statement of the Islamabad administration, all petitions have become ineffective," said Chief Justice Minallah.

On February 2, the court was told that Section 124-A (related to sedition) had been deleted, but Section 7 of the Anti-Terrorism Act (ATA), 1997 had been inserted in the First Information Report (FIR) against the protesters.

Following this, the IHC on Tuesday had sought an explanation from a magistrate for invoking sedition charges against those who were taken into custody during the protest.

During today's proceedings, the IHC chief justice said: "We don't expect that a democratic government will curb freedom of expression."

"An elected democratic government cannot place curbs on freedom of expression. [We] shouldn't fear criticism," he remarked.

"The constitutional courts will protect the constitutional rights of the people.

"Everyone's constitutional rights will be protected. This is Pakistan, not India," Justice Minallah said.

"If you want to protest, get permission. If you don't get permission, the court is here," he said.

Islamabad Advocate General Tariq Mehmood Jahangir said that the country had been fighting terrorism for 20 years and the "secret agenda" of the protesters was worrisome.

"No one should say anything against the state," he said, adding that a written order against those who speak against the state or make hate speeches should also be issued.

Justice Minallah remarked that neither the state nor its institutions were "so weak" that mere words would have any impact.

The IHC chief justice noted that the current government had itself challenged Section 144 of the Criminal Procedure Code — a law concerning the maintenance of public order — when President Arif Alvi had challenged it in 2014.

" hope that they will not take away rights," he added. "The country is a democracy, let the Parliament decide."

Later, AWP activist Ammar Rashid, one of the protesters who had been arrested, took to Twitter to share that the state had withdrawn the FIR and all charges against them.


Ammar Rashid ☭@AmmarRashidT
https://twitter.com/AmmarRashidT/status/1229305262856642560

The state has withdrawn the FIR and all charges against us. Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalization of dissent, peaceful protest & freedom of expression in our country.



403
2:23 AM - Feb 17, 2020
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"Thank you to all who stood with us in solidarity. Hope this sets a lasting precedent against the criminalisation of dissent, peaceful protest & freedom of expression in our country," he added.


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[ghazi52]

IHC grants bail to Shahid Khaqan Abbasi, Ahsan Iqbal in corruption cases

Tahir Naseer

February 25, 2020

The Islamabad High Court (IHC) on Tuesday granted bails to former prime minister Shahid Khaqan Abbasi and PMLN leader Ahsan Iqbal in separate cases. — DawnNewsTV/File


A two-member bench of the Islamabad High Court (IHC) on Tuesday granted bails to former prime minister Shahid Khaqan Abbasi and Ahsan Iqbal in separate cases.

Abbasi was granted bail in the Liquified Natural Gas (LNG) case while Iqbal was granted bail in the Narowal Sports City corruption case.

The court directed that Abbasi and Iqbal be released after submission of surety bonds of Rs10 million each.

In its written orders, the court said that the investigation officer may "impose such conditions as he deems appropriate" to secure cooperation and presence of the petitioners during their respective inquiries.

The hearings were presided over by IHC Chief Justice Athar Minallah and Justice Lubna Saleem Pervez.

Chief Justice Minallah, during the hearing of the former premier's bail petition in the LNG corruption case, remarked that the government took a grant from another country (United States) for help, and the country itself hired a firm.

"Public funds were not used for the project; USAID funds were used instead ... Public Procurement Regulatory Authority rules are not applicable in this case."

He questioned the National Accountability Bureau (NAB) prosecutor about whether the foreign ministry had been asked about USAID.

The prosecutor informed the court that the watchdog was acquiring records from the ministry. He further said that Abbasi had purchased LNG at expensive rates. The chief justice then questioned the prosecutor whether NAB had researched if any company could be given the terminal's contract at cheaper rates.

Referring to a letter submitted by the anti-graft watchdog, Justice Minallah remarked that NAB cannot mention a company providing services at a cheaper rate if it did not participate in the bidding.

The investigation officer (IO) also read out a statement from Abid Saeed, former secretary of petroleum, which stated that he had prepared the summary on Abbasi's instructions for awarding the contract. At this, the chief justice remarked that NAB had forgiven the former secretary after taking his statement on a summary from five years ago.

The chief justice also told the IO that "these are your powers which we are talking about."

Abbasi has been in jail for over 200 days. He was arrested by NAB in connection with an inquiry into the LNG terminal contract.


IHC chief justice grills NAB over arrests

Earlier in the day, during a hearing of former interior minister and senior PML-N leader Ahsan Iqbal's bail petition in the Narowal Sports City case, the chief justice asked the NAB prosecutor to clarify the body's policies.

"What is your policy on arresting people or not or filing references against them? If there is a reference against someone, you have special powers."

He questioned NAB's move to arrest someone who "is cooperating and giving answers".

Justice Minallah also commented that the anti-corruption body's "power to arrest someone does not deprive the suspect of their constitutional right" and added that it is necessary to protect the individual's right to freedom and self-respect from being violated.

The NAB prosecutor informed the court that no suspect is arrested without informing them about the case.

The chief justice then remarked that the IO could also keep conditions similar to the 12 conditions that the house of lords had kept while granting bail to a man suspected of terrorism.

"NAB's purpose is to investigate and inquire. If a suspect is cooperating and answering questions, what reason is there for his arrest?" he questioned.

The prosecutor then remarked that Abbasi and Iqbal should be considered innocent until proven guilty.

The chief justice also observed that both the arrested leaders are representing people from their constituencies and have not become ineligible to represent the people.

"Arresting the leaders before they have been sentenced is depriving the people of their constituencies of representation".

NAB Additional Prosecutor General Jahanzeb Bharwana while responding to the court's question of the necessity of arresting Iqbal said that police officers have been given the power to arrest under Section 54 of the Code of Criminal Procedure and Section 5 of the NAB Ordinance provides the definition of a suspect.

The court remarked that if the IO has the ability to conduct an investigation, it removes the necessity for arrest and asked the anti-corruption body to satisfy the court that the IO has the ability to conduct the investigation after the arrest.

Advocate Tariq Jahangiri, representing Iqbal, argued that NAB "apparently arrests people as if kidnapping [them] for ransom".

"NAB arrests people, asks for Rs10m for a plea bargain and then releases [them]," he added.

The chief justice observed that plea bargains happen all over the world. "The accountability of NAB will happen when people have trust in the organisation.

"NAB is not the court, it can only conduct an investigation and prosecute by presenting the evidence to the court."

On a query from Iqbal's lawyer, the court questioned the prosecutor whether the body can arrest someone "merely on the basis of a complaint".

"Arrest can only happen when an inquiry is approved ... you cannot arrest someone unnecessarily ... it is wrongful use of power," the court observed.

The court ordered NAB to inform the court the reason behind arrests of both Abbasi and Iqbal.

The additional prosecutor general informed the court that there are four charges against Iqbal: wrongful use of powers in the Narowal Sports City case, starting the project without a feasibility study, issuing a grant from the federal government for a provincial project after the 18th Amendment without a formal request from the Punjab Sports Board (PSB) and extension of the project's timeline.

"There were fears of tampering records and escape in Ahsan Iqbal's case," he said.

The court observed that these reasons did not have any mention of "criminal intent and mala fide intentions" and they [NAB] could have put Iqbal's name on the Exit Control List.

It also questioned whether all the approvals for the project were given by Iqbal to which Bharwana replied that the PSB had given those approvals.

The court then remarked that the person who processed this is also responsible and directed the anti-corruption body to "prove the charges during the trial and get a punishment for 16 years' imprisonment."

It also observed that "investigation can be done outside [the jail]."

Earlier this month, the IHC had given a last chance to NAB for formally contesting the bail petitions filed by Abbasi and Iqbal.

 

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IHC throws out petition seeking to stop Aurat March
Tahir Naseer | Malik Asad
March 06, 2020

Taking up the hearing, IHC Chief Justice Athar Minallah said that if anything against the law took place on March 8, legal action would be taken at the time, observing that the petitioners were seeking prior relief from the court. — Dawn/File Photo


The Islamabad High Court (IHC) on Friday dismissed a petition seeking to restrict the Aurat March as non-maintainable and not justiciable.

IHC Chief Justice Athar Minallah dismissed the petition saying the right of assembly is a fundamental right but he stated that the court expects that the participants of the march will exercise their rights in accordance with the law.

The court had earlier in the day reserved its verdict on the maintainability of the petition, while questioning the petitioners' interpretation of slogans they had objected to.

During today's proceedings, the petitioners' lawyers told the court that they sought restrictions on the Aurat March — scheduled to take place across the country on March 8 as the world marks Women's Day — and shared some slogans that women would chant at such an event, including "mera jism, meri marzi" (my body, my choice), "divorced and happy" and "no bacha dani (uterus), no opinion".

The eight petitioners had earlier appealed to the court to regulate activities like the Aurat March "subject to law, norms, decency and public morality in the best interest of justice and to order the respondents to perform their obligatory duties towards the Constitution and the law of land in this regard and restrain unlawful, unconstitutional and un-Islamic activities forthwith".

The petitioners apprehended that slogans would be raised by some women's rights activists which they find offensive and in violation of Islamic injunctions. They feared that the slogans would disturb harmony in the society and offend the established norms.

The court, however, declared that "the prayer sought is not justiciable nor is the petition maintainable."

However, Justice Minallah wrote in the eight-page judgement that "this court expects that the proponents of the 'Aurat March' will exercise their constitutional rights in accordance with law having regard to conduct that is consistent with the norms of decency."

"In our society, various Islamic laws are being seriously violated. The court hopes that the petitioner also approaches it for the enforcement of all these Islamic laws," remarked Justice Minallah during the hearing today.

"The women's slogans are that they be given the rights that Islam grants them. Can we interpret their slogans by ourselves?" the judge questioned.

"It is important that you see the Aurat March in a positive light. On your own, how can you interpret these slogans?"

Justice Minallah said if anything against the law happened on March 8, legal action would be taken at the time, observing that the petitioners were seeking prior relief from the court.

"The first individuals to embrace Islam were women," the judge noted.

He said yesterday in a press conference, Aurat March organisers said they were asking for the rights granted to them in Islam.

"When they made themselves clear in their press conference then how can we have different interpretations?" Justice Minallah asked, adding that the press conference had been published all across the media today.

"Who ended the practice of burying girls alive?" the IHC chief justice inquired, in response to which the petitioners' lawyer said Prophet Muhammad (PBUH) had done so.

"In our society, the birth of a girl is still not considered good," he added.

The judge also questioned the petitioners' counsel on how many women in the country were given the right to an inheritance, alluding to the difficulties they face despite clear Islamic laws in place.

During today's proceedings, the petitioners' lawyers told the court that they completely supported women's rights, adding that they were not opposed to the march or to the rights of women.

They pleaded for the court to pass an order that the march is conducted within the ambit of the law, Constitution and Islam.

Following the statements of the parties in the case today, the IHC reserved its verdict before announcing its dismissal.

Earlier this week, the Lahore High Court had also wrapped up a petition against the holding of Aurat March, reiterating its earlier remarks that the gathering could not be stopped under the Constitution and directing the Lahore district authorities to speed up their decision on an application seeking permission to hold the march.


What is the Aurat March?

The 'Aurat March', as it has come to be known since its first iteration in 2018, was organised by Hum Aurtain — a feminist collective. It has a manifesto demanding basic rights for women in each field of life.

For the past two years, it has been organised to coincide with the International Women's Day on March 8, which is also the scheduled date for the rally this year.

Last year, the holding of the rally led to a backlash against the organisers and participants for “violating Islamic principles” and “disrespecting women”. Most critics had issues with the placards and banners used during the march, which they said transgressed Pakistan's cultural values. There were also reports of the organisers of the march receiving threats on social media.

 

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IHC to hear plea against closure of Geo News, relegation of channel

ISLAMABAD: A petition, submitted in the Islamabad High Court on Monday against the closure of Geo News on cable and the relegation of the channel to lower numbers, has been accepted for a hearing on March 17.

Chief Justice Islamabad High Court Justice Athar Minallah will preside over the hearing tomorrow.

The petition had been submitted through Barrister Jahangir Jadoon by Raja Ahsan Mahmood Satti.

The petition has nominated the cabinet secretary as a party to the case, as well as the IT minister and the prime minister's special assistant on information.

The plea also nominates Chairman NAB Javed Iqbal and Pakistan Eletronic Media Regulatory Authority (PEMRA) Chairman Saleem Baig.

Through the petition, it has been argued that the court should declare the act of controlling media 'illegal' and that Geo News should be returned to the channel placement it was on before the arrest of the Jang Geo Group Editor-in-Chief, Mir Shakil-ur-Rahman.

The petitioner has argued that the closure of Geo News is a bid to silence the media and control it, which is against the Constitution.

Those named/made party to the petition should be stopped from harassing the media houses, the petition pleads.

On March 13, cable operators throughout Pakistan started receiving orders to immediately shut down Geo TV's broadcast or relegate the channel to the last numbers.

The instructions were issued right after SAPM Dr Firdous Ashiq Awan concluded her press conference pertaining to the arrest of Jang Geo Group Editor-in-Chief Mir Shakil-ur-Rahman.

It was reported that the closure came following directives from PEMRA, but the PEMRA chairman himself denied he had issued any orders to that effect.

Jang Geo Group Editor-in-Chief arrested by NAB in fake case
NAB had on Thursday arrested the editor-in-chief of the Jang Geo Media Group in connection with property allegedly bought illegally from a government entity more than 34 years ago.

The property was, in fact, bought from a private party and all evidence of this was given to NAB and legal requirements fulfilled, such as duty and taxes.

According to the Group's spokesperson, the editor-in-chief's appearance before NAB was in relation to a call-up notice for the verification of the complaint, yet an arrest was made.

The Islamabad High Court's recent judgment against NAB's violation of the country’s law and a violation of NAB's own rules has been committed, the Group's spokesperson said.

 

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829 prisoners involved in minor crimes set free on SHC order

Ishaq Tanoli | Tahir Siddiqui

March 27, 2020

The men were released keeping the coronavirus pandemic in mind. — AFP/File

KARACHI: On a Sindh High Court order, the district courts have released 829 prisoners involved in minor crimes from the detention facilities across Sindh over the last few days amid the provincial government’s decision to categorise all prisoners.

According to a statement issued by the SHC registrar on Thursday, considering the spread of the coronavirus (Covid-19), on the direction of SHC Chief Justice Ahmed Ali M. Shaikh, 829 undertrial prisoners (UTPs) have been released from the prisons of the province by the district courts in the cases of lesser punishment.

The officials at the subordinate judiciary said that as per the instructions of the chief justice, the judicial magistrates visited the detention facilities and heard the applications of prisoners pertaining to guilty plea in minor cases, bail applications and reduction in sureties and issued their release orders by sentencing them for a period they have already undergone, granted bails and reduced the amount of sureties.

The SHC had already directed the provincial authorities for complete screening of inmates confined to all the detention facilities of the province in view of the coronavirus outbreak and to stop unnecessary entry of people on the jail premises.

CM releases Rs580m to provide rations to daily-wage earners

The SHC has also delisted all the cases except bail matters from March 24 till further orders to prevent the rapidly spreading Covid-19 while the civil work at the subordinate judiciary of the province has also been suspended since March 24 apart from urgent matters and bail applications.

 

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IHC orders release of under-trial prisoners

IHC Chief Minister Athar Minallah directs Islamabad police not to make arrest in petty matters.
ISLAMABAD: Amid an imminent threat of spread of coronavirus, the Islamabad High Court (IHC) on Friday ordered the release of under-trial prisoners (UTPs) detained in Rawalpindi’s overcrowded Adiala jail in minor crimes and directed the Islamabad police not to make arrest in petty matters.

IHC Chief Justice Athar Minallah issued the directives while taking up a petition based on a report of the high court’s judicial branch on Islamabad-based UTPs.

According to the report, the authorised occupancy of the Central Prison Adiala, Rawalpindi, is 2,174 while the number of its present inmates is 5,001. The number of under-trial prisoners whose cases are pending before courts under the jurisdiction of this high court is 1,362. Most of the incarcerated UTPs are alleged to have committed offences which fall within the ambit of non-prohibitory clause.

Subsequently, the court summoned the Islamabad deputy commissioner, officials of the health ministry and Islamabad police. They stated that pursuant to declaration of “Public Emergency of International Concern” by the World Health Organisation regarding challenges posed by the deadly coronavirus outbreak, the Pakistan government had formulated a comprehensive national action plan.

Islamabad Deputy Commissioner Hamza Shafqaat was asked about the policy relating to persons incarcerated in jails, particularly those whose cases are pending before courts under the jurisdiction of the Islamabad High Court. He said the policy was to reduce the number of inmates and regulate visitation of those prisoners who could not be released.

Directs Islamabad police not to make arrest in petty matters

The court observed that the prisoners were vulnerable and exposed to suffer irreparably in case of an outbreak. Prisons, which were overcrowded, had high turnover and intolerable living conditions, could potentially become epicenters for outbreak of the deadly virus, it said. The federal government has, therefore, justifiably adopted the policy of reducing the population of prisons in order to meet the challenges posed by the invisible enemy — coronavirus.

The court ordered the release of “under-trial prisoners alleged to have committed offences falling within the ambit of the non-prohibitory clause are admitted to bail, subject to furnishing such surety or security as may be deemed appropriate by an officer authorised in this regard by the Deputy Commissioner, Islamabad Capital Territory”. The deputy commissioner would, in consultation with in-charge of the police station concerned, ensure that the release on bail would not pose threat to public safety, the order said.

Justice Minallah clarified that those UTPs who were earlier refused bail might also get benefit of this order.

The court also set guidelines which stated that before the release of prisoners proper screening would be conducted by the officials nominated by the Ministry of National Health Services. The court ordered the release of entitled UTPs by March 24.

“The Inspector General of Police and the Deputy Commissioner, Islamabad Capital Territory, shall ensure that unnecessary arrests are not made by the Investigating Officers having regard to the law laid down by the august Supreme Court,” the court order said.

The court sought a reply from the federal government on the screening of passengers.

CAA directives challenged

A petition filed in the IHC against the CAA directives pointed out that the report of coronavirus test was issued in 24 hours and the directives issued in this regard had created problems for those Pakistanis who were travelling to the country from other parts of the world.

The Civil Aviation Authority had on March 17 made it mandatory for international passengers coming to Pakistan to provide coronavirus test results prior to boarding their flights.

The petition said the notification issued by the CAA was unreasonable and against the spirit of Article 15 of the Constitution that ensured freedom of movement.

IHC Chief Justice Athar Minallah, after a preliminary hearing, directed the federal government to place this matter in the upcoming meeting of the National Security Committee. The court also directed the secretary of Ministry of Overseas Pakistanis to depute an authorised person for the court’s assistance.

The court sought justification for issuance of the said order and adjourned the hearing to March 23.

Published in Dawn, March 21st, 2020

 

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IHC approves Shahid Khaqan's bail in MD PSO case

https://nation.com.pk/NewsSource/web-desk
March 30, 2020

Islamabad High Court (IHC) has granted bail to former prime minister Shahid Khaqan Abbasi and former secretary petroleum Arshad Mirza in alleged illegal appointment of MD PSO case.

According to details, bail plea was heard by two member bench of IHC headed by Chief Justice IHC. Barrister Zafarullah, who represented both suspects, informed the court that both accused are in Islamabad and his clients did not received any summon issued by NAB.

Court accepted the bail plea of both plaintiffs for four weeks and directed them to appear before accountability court in Karachi.

 

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SHC proposes way to expeditious hearing of appeals

April 4, 2020

Sindh High Court : PHOTO: EXPRESS

ISLAMABAD: The Sindh High Court (SHC) has raised serious questions regarding the justice system of the country, while giving its ruling on the appeals of the convicts in the murder case of American journalist Daniel Pearl.

The judgment, delivered on Thursday, described appeal as “continuation of trial” and proposed that the high courts needed to put in place a system for expediting the hearing and deciding old appeals to ensure that Article 10-A of the Constitution is complied with.

An SHC division bench, comprising Justice KK Agha and Justice Zulfiqar Sangi, on Thursday acquitted four men, including Ahmed Omar Saeed Sheikh, who was sentenced to death by an anti-terrorism court in 2002 for masterminding Pearl’s murder. The other three were awarded life sentence.

“An appeal is continuation of trial and in our view under Article 10 (A) of the Constitution which envisages an expeditious trial it also envisages an expeditious hearing and decision of an appeal if one is filed,” said the 40-page judgment authored by Justice KK Agha.

“In our view to keep appeal pending for years… regardless who is at fault is tantamount [to] violation of Article 10-A of constitution and ultimately it is for the judges before whom such cases are fixed to use their judicial authority to ensure that such appeals are decided expeditiously,” the judgment added.

It proposed that the high courts needed to put in place a system to expedite the hearing and decide old appeals to ensure that Article 10-A is complied with. It also proposed that a 5-year-old appeal could be put in yellow file. Likewise, between 5- to 10-year in blue file and over 10-year be put in green file.

The court also noted that if a person is released after spending sentence before the decision of his appeal would amount to fraud on both appellant and the criminal justice system.

“If a convict is acquitted after serving 18 year of imprisonment in jail then he cannot make up for the loss of such precious time and is not compensated for it. In such case, if a man had a young child say 3 year old at the time of sentencing, he would have completely missed that child growing up who would be almost an alien to him at the time of his release,” the ruling said.

“Even if convict’s conviction is upheld by a high court he can at least, if he chooses to expeditiously move on to the next level of the appellant process which is his right and from where he may still get relief.”

The court noted that the right of appeal is meaningful in criminal cases only if it is decided expeditiously which is also an obligation of the state to its convicted citizens to ensure that no person is deprived of his liberty for no longer and the same right is guaranteed in the Constitution.

It said that Daniel Pearl case was extremely high profile wherein not only the country’s high-ups wanted fast result – safe recovery of Pearl and if not then book those responsible for his abduction but also “one of our closest allies who sent their investigation and experts” to assist the Pakistani police.

“In this background, we are in no doubt that Pakistani police was under huge pressure to ‘get results’ either in terms of safe return of Pearl or arrest of those responsible for his disappearance. Under these circumstances, it would not be completely surprising if the police resorted to rough tactics in order to extract confessions. This is not new phenomenon only in developing societies but also in developed societies unless stringent laws are made to prevent such practices and are also implemented,” the judgment said.

 

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Fazaia Housing Scheme probe: Suspects say ready to pay back looted money

The suspects in the Fazaia Housing Scheme fraud case submitted a petition to the Sindh High court on Saturday, contending that they are ready to return the amount back to the allottees.

The Sindh High Court (SHC) has ordered freezing the bank accounts of Fazaia Housing Scheme till further orders after the National Accountability Bureau began a new probe into the alleged fraud.

Suspects Chaudhry Tanvir and Bilal Tanvir were earlier arrested in relation to the probe. After the submission of their petition, the SHC sought an answer from NAB in the inquiry of the housing scheme.

The court said that it wanted to know about NAB’s response regarding the return of the money, as claimed by the suspects, to the affected people.

SHC had ordered the freezing of the bank accounts after the allottees submitted a petition against the builders.

The petitioners said that they were allottees of the housing scheme and they were not being given possession of the land despite the payment of installments worth millions of rupees.

The counsel for the plaintiffs produced details of the booking and installment of challans.

NAB probe
NAB had earlier said that their inquiry revealed that the FHS had been illegally launched by the Pakistan Air Force (PAF) in partnership with Maxim Properties in 2015 on an illegally consolidated or adjusted land in Deh Allah Phihai located in District Malir’s Taluka Shah Mureed.

The NAB prosecutor said that in accordance with an agreement with the PAF, the construction company sold various units of the scheme to the public and collected billions of rupees in the name of booking, allotment, and development of housing units of the said scheme.

However, added the prosecutor, since 2015 the management of the FHS has neither handed over the plots to the allottees nor carried out any significant development work, so the public stand cheated out of their money.

Tanvir Ahmed and his son Bilal Tanvir were also signatories to the agreement with PAF officials regarding the launching of the FHS and involved in the sale of its units to the public, said the prosecutor, claiming that the petitioners along with the co-accused had collected Rs18 billion from 6,000 people affected by the fraudulent scheme.

 

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April 13, 2020
IHC dismisses petition challenging 20% reduction in private schools' fees

The Islamabad High Court on Monday dismissed a plea filed against the 20% reduction in private schools fees and referred the matter back to the Private Educational Institutions Regulatory Authority (PIERA).

During these pressing times, private schools should themselves reduce their fee. There won't be an issue if schools don't profit for two months, said IHC's Justice Amir Farooq during the hearing of the case.

The petitioner's lawyer said that the PIERA had issued a notification on April 8, directing private schools to slash the fees for April and May by 20%, without taking stakeholders into confidence.

PIERA's notification should be declared null and void, he argued.

The IHC judge said that if a review was made on the petition then the schools will have to either reduce fee by 50% or 15%.

These are uncertain times [...] Did you approach the government before coming to the court, he added.

Earlier in the week, parents in Islamabad complained against the callous approach of private school administrations demanding 2-3 months’ advance fee even in the lockdown situation, saying “PEIRA has become ineffective and now we are expecting intervention of the country’s chief executive.”

“Since the government is compensating every sector and section of the country in the pandemic period, the parents are also no exception to this suffering demanding waiver of March, April, and May fees and barring the schools to seek advance payment,” reads an appeal to Prime Minister Imran Khan circulated by a parents association on the social media.

Punjab and Sindh governments have also directed private schools to reduce their fee by 20% in the wake of the pandemic and ordered them to pay the salaries of their employees as well.