Pakistan High Courts updates

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Delay in disposal of corruption cases irks BHC CJ

05 Jan 2021

Chief Justice of the Balochistan High Court Jamal Khan Mandokhail has expressed dissatisfaction over delay in disposal of cases by accountability courts. — Photo courtesy BHC


QUETTA: Chief Justice of the Balochistan High Court Jamal Khan Mandokhail has expressed dissatisfaction over delay in disposal of cases by accountability courts.


Chief Justice Mandokhail, along with Justice Nazeer Ahmed Langove, on Monday visited the accountability courts in Quetta and reviewed the under-trial cases and performance of these courts. He summoned the Director General of National Accountability Bureau, Balochistan, while the NAB prosecutor was present on the occasion.


The chief justice directed the judges of accountability courts to enhance their performance and asked the NAB director general and prosecutors to improve the process of prosecution and present witnesses in time in the court. He also directed to the lawyers to help in disposing of cases in time.

He said timely hearing of cases and imparting justice by courts was imperative for eradication of corruption.

Published in Dawn, January 5th, 2021

 

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CINIC’s obtained by Afghan nationals: Secy, Chairman directed to submit comments

The Frontier Post
January 5, 2021
Humayun Khan

PESHAWAR: Peshawar High Court (PHC) has directed Chairman National Database and Registration Authority (NADRA), Secretary Interior, Director General (DG) NADRA Khyber Pakhtunkhwa and other respondents to submit reply in case against obtaining of Computerized National Identity Card (CNIC’s) by Afghan nationals, on Tuesday.

The writ petition was moved by Hazart Khan Mohmand through his counsel Muhammad Isa Khan Advocate which heard by Justice Sahibzada Asadullah Khan of PHC.

The counsel for petitioner informed court that some those Afghan nationals had also been attesting documents including domiciles certificate by posing as Maliks in an illegal manner as Maliks were not allowed to do so after the merger of Federally Administrated Tribal Areas with Khyber Pakhtunkhwa.

The counsel informed PHC that Deputy Commissioner (DC) Mohmand had constituted Joint Investigation Team (JIT) on 9 June 2020 to inquire the issue and conclude within two months but the task had not completed so far.

The single member bench of PHC Justice Sahibzada Asadullah directed Secretary Interior, Chairman NADRA, DG Khyber Pakhtunkhwa, DC, AC’s upper and lower Mohmand to submit comments before court in the case before next hearing.

 

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Justice Qaiser Rashid takes oath as chief justice PHC

https://nation.com.pk/NewsSource/web-desk


January 09, 2021


Justice Qaiser Rashid Khan was sworn in as the chief justice of the Peshawar High Court (PHC) at the Governor’s House on Saturday.

Governor Shah Farman administered the oath to him.

The chief justice’s post fell vacant on Nov 12 after the incumbent, Justice Waqar Ahmad Seth, died of novel coronavirus.

 

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IHC summons senior official of Foreign Office in Dr. Afia Saddiqui case


The Frontier Post
January 11, 2021

ISLAMABAD (APP):The Islamabad High Court (IHC) on Monday expressed dissatisfaction on report of Foreign Officer pertaining to Dr. Afia Saddiqui and summoned joint secretary of the department in person on next hearing.

Justice Aamer Farooq of IHC conducted hearing on a case filed by Dr. Fauzia Saddiqui seeking efforts to bring Afia Saddiqui back from US’s custody.

At the outset of hearing, Deputy Attorney General Raja Khalid Mehmood submitted detailed report of foreign office to the court regarding the matter. The report said that a counselor general meeting was arranged on December 15, with Afia Saddiqui. However, the jail officials informed that she didn’t want to meet them.

The report said that a meeting was held with Afia Saddiqui on September 24, and she told that her COVID-19 test was found negative. It further said that the meetings with prisoners were remained suspended last year due to COVID-19 outbreak.

It stated that the foreign office was in contact with the jail officials regarding the updates about the health of Dr. Afia.
The report said that US Justice Department had informed that a prisoner itself could file request against her sentence on compassionate grounds through jail warden or mail service. It was only a solution without the lawyer that the prisoner herself filed appeal, it said.

The deputy attorney general told the bench that the report was comprising the consular access to Afia, her health condition and other matters. Our consular used to visit her in jail every month, he said.

The court asked that whether the government was raising this matter to the new US set up.
The petitioner’s lawyer adopted the stance that Dr. Afia Saddiqui was arrested from an area of Peshawar.

The bench asked that whether the Pakistan discussed the matter with American government. He asked foreign office to send a senior official on next hearing to brief the court regarding the government’s measures for recovery of Dr. Afia.

The bench observed that it was the responsibility of the state to protect the lives and property of its citizens. This case was filed four years ago but we were still standing at the same place, Justice Farooq noted.

The court directed the foreign office to satisfy the bench with relevant documents. The petitioner’s lawyer said that the prisoners were brought back from UAE, Sri Lanka and Malaysia.
After this, the court adjourned hearing of the case till February 10, with above instructions.

 

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Non-availability of PhD teachers: SHC summons Karachi University VC

January 13, 2021

The entrance of University of Karachi.


KARACHI: The Sindh High Court (SHC) has a sought reply from the Vice-Chancellor of Karachi University in a petition claiming that teachers in the law department are taking classes without holding a PhD degree.

The petitioner has contended that a PhD is required to teach students seeking a PhD degree.
It further alleged that instructors in the social sciences department are teaching students without meeting the criteria of having a degree.

After hearing initial arguments, the court has summoned the vice-chancellor on the next hearing.

 

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ETPB land occupation case: LHC summons IGP

The Frontier Post
January 14, 2021


LAHORE (APP): The Lahore High Court (LHC) on Thursday summoned inspector general of police (IGP) Punjab and other police officers for January 15 on a petition against the alleged occupation of Evacuee Trust Property Board (ETPB) land by Elite Force Training School.

LHC Chief Justice Muhammad Qasim Khan passed the orders while hearing a petition filed by Muhammad Zakaria.

Additional IG Training Farooq Mazhar and other police officials appeared before the court at the start of proceedings.

A law officer submitted that the IGP had given instructions for ending occupation of ETPB land. He assured that, after identification of the land by the Revenue department officials and fulfillment of legal requirements, the possession of the land would be handed over.

However, the court expressed dissatisfaction over the statement of the law officer and summoned the IGP and other officials for Friday.

It is worth mentioning here that the court had on previous hearing ordered for immediate retrieval of 72 kanal land of Evacuee Trust Property Board (ETPB) from illegal occupation of Elite Force, besides seeking an implementation report from IGP Punjab.

The petitioner had submitted that he obtained 72 kanal land of the trust on lease but the Elite Force had illegally occupied it. He pleaded with court for retrieval of the land from Elite Force occupation.

 

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IHC adjourns hearing on Bhasha Dam jobs quota case

The Frontier Post
January 13, 2021


ISLAMABAD (APP): The Islamabad High Court on Wednesday adjourned hearing on request of deputy attorney general in a case pertaining jobs quota for residents of Gilgit Baltistan (GB) and Diamer in Diamer Bhasha Dam projects. The deputy attorney general pleaded that he would inform the court on matter after taking instructions from federation.

Justice Miangul Hassan Aurangzeb heard the case filed by the residents of GB regarding above matter.

During the hearing, amicus curiae Barrister Ahmar did not appear before the court due to sickness. The court adjourned the case for two weeks.

 

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View from the courtroom: PAF Golf Club allowed to construct building, but with conditions


Waseem Ahmad Shah
January 18, 2021

The bench of Justice Mohammad Nasir Mahfooz and Justice Syed Arshid Ali disposed of the petition on Dec 22 and has recently released the detailed judgment. — APP/File


In an ongoing dispute between several residents of Peshawar’s Shami Road, an upscale area of the provincial capital, and the PAF Golf Club over construction of a multi-storey building in the area, the Peshawar High Court recently allowed the club to continue with the construction work, but with the conditions that the building would not be used for commercial purposes and privacy rights of the area people would be respected.

Dr Shahkar and some other residents of Shami Road had filed a petition before the high court, requesting it to order stoppage of the construction work.

They claimed that the multi-storey building was that of a proposed cinema hall and commercial plaza which violated privacy of people and the said land could not be used for commercial purposes under the law.


While the PAF Golf Club authorities denied that they had been constructing a cinema hall and plaza, they said that they had been constructing a multipurpose hall that would be used by the golfers for routine training of caddies and staff and would be reserved for the members only.

The authorities had also disowned an advertisement wherein it was mentioned that the construction was for commercial purposes.


The bench of Justice Mohammad Nasir Mahfooz and Justice Syed Arshid Ali disposed of the petition on Dec 22 and has recently released the detailed judgment.

“Keeping in view the legal and factual aspect of the matter, we feel that after disowning the advertisement for using the premises of the Golf Club for commercial purposes, the said construction could be allowed to be used for providing additional facilities to the golfers only,” the bench ruled.

The bench directed that the construction should not in any manner violate the privacy right of the residents of the area.

“In case, any window has been opened facing the residential area, the same must be closed and if possible the respondents may avoid large-scale gatherings,” the bench ruled.

The court ordered that any slight indication for conversion of the building into commercial use would definitely be a ground available with the petitioners or any other residents of the area, to invoke jurisdiction of the high court so that the present proceedings were not misinterpreted as to allow the commercial use.
The bench observed that even the lawyers appearing for respondents (PAF and federal government) made a commitment that no commercial activities would be carried out on the premises of golf club.
Advocate Zahid Idress Mufti appeared for the petitioners and stated that the ongoing construction revealed that it was a multi-storey building and windows had been opened facing his client’s house.
He contended that this was on the one hand alien to the provision of Land Administration Manual-Rules and on the other, it seriously affected privacy right of the petitioners who had been residing there for many decades.
He stated that the road leading to the PAF Golf Club passed through residential area of Shami Road,

Peshawar, and residences surrounding the Golf Club, so any such high storey building would certainly affect the privacy right of the residents.

The counsel stated that his clients and other residents were never disturbed by the authorities, but all of a sudden the respondents started construction in front of the residences while they were not taken into confidence and no notice for construction was given to them.

He claimed that the petitioner tried to get knowledge/purpose of the construction and to get the record of the sanction and sketch/drawing of the construction in question, but the request was not acceded by the relevant authorities.

The counsel was of the opinion that the area which fell within the precincts of golf club had been classified as Class “A” (1) and “A” (2) and no such construction could be made on it and it could not be used for commercial activities. He also produced photographs showing large-scale construction on the site.

However, the respondents denied that the said construction was meant for cinema hall and plaza.
The lawyers representing the federal government, PAF Golf Club and other respondents submitted that the purpose of construction was to build facilities to train different golfers and it would be neither used as Cinema Hall nor for any commercial activities.

They disowned advertisement titled “Invitation of Proposals for Commercial Activity” published in different newspapers on Dec 22, 2019, and issued by the PAF Golf Club, Peshawar.

The bench ruled that the classification of land was meant for the purpose of fortifications, barracks, stores, arsenals, aerodromes and bungalows for military officers which were the property of Government, parade grounds, military recreation grounds, golf courses, etc.

The bench pointed out that the copy of contract agreement of May 29, 2020, between the PAF Golf Club and TS Builder revealed: (a) Construction of Building 1- Members Building (b) Construction of Building 2- Driving Range (c) Renovation of Building 3- Existing Club House for a total sum of Rs119.65 million.


Published in Dawn, January 18th, 2021

 

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IHC seeks federation’s progress report on Judicial Complex

The Frontier Post /
February 15, 2021



ISLAMABAD (APP): The Islamabad High Court (IHC) on Monday directed federation and Capital Development Authority (CDA) to submit progress report every month pertaining to establishment of Judicial Complex in Islamabad.

A larger bench of IHC headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq, Justice Mohsin Akhter Kiyani and Justice Miangul Hassan Aurangzeb heard the case regarding illegal set up of lawyers’ chambers at land of Football Ground sector F-8.


On the query of chief justice, the Capital Development Authority (CDA)’s lawyer said that civic body was authorized only to prepare the project plan.

He, however, said that when the concern ministry would process the land for lawyers then the Capital Development Authority (CDA) could give approval for this.

The deputy attorney general requested the court to grant time to take instructions from the federation in this regard.

The chief justice observed that progress should be made in the matter before March 23.

The court sought report from the federation and adjourned hearing of the case.

 

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LHC grants interim bail to Capt. Safdar in assets case


The Frontier Post
March 8, 2021


LAHORE (APP): The Lahore High Court (LHC) Monday granted interim pre-arrest bail to Capt (retd) Muhammad Safdar, son-in-law of former prime minister Nawaz Sharif, in an inquiry into alleged assets beyond means being conducted by the NAB.

A two-member bench comprising Justice Sardar Muhammad Sarfraz Dogar and Justice Asjad Javaid Ghural heard the pre-arrest bail petition, filed by Muhammad Safdar, and also sought a reply from the NAB authorities by March 29.

Safdar appeared before the bench along with his counsel at the start of proceedings.

The petitioner’s counsel argued that his client had received a call-up notice from NAB Lahore asking him to appear before its combined investigation team to explain his assets.

He submitted that an inquiry into his assets was also pending at NAB Peshawar, whereas the petitioner had also filed a pre-arrest bail plea at Peshawar High Court in connection with the inquiry. He submitted that an inquiry into a single matter could not be conducted in two provinces and the call-up notice issued by the bureau showed mala fide.

He submitted that NAB could arrest the petitioner, therefore, a pre-arrest bail be granted to him.

Subsequently, the court restrained the bureau from arresting the petitioner till March 29 and also sought a reply. The bureau had summoned Capt Safdar for March 10 with a direction to present the record of all properties in his name and his family members.

Safdar had been asked to bring complete record of all movable and immovable properties including agricultural, residential, commercial and other assets, owned by him, his family members besides bank accounts details.

 

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March 24, 2021


Yousaf Raza Gillani's petition challenging Senate chairman election rejected

Former prime minister Yousaf Raza Gillani. Photo: File


The Islamabad High Court (IHC) on Wednesday rejected former prime minister Yousaf Raza Gillani's petition challenging the Senate chairman election, stating that courts do not intervene in the workings of the Parliament.

The former prime minister — who was the Pakistan Democratic Movement's (PDM) joint candidate challenging the government candidate Sadiq Sanjrani — had lost the Senate chairman election by obtaining 42 votes compared to Sanjrani's 48.

A 13-page verdict on Gillani's petition was issued by IHC Chief Justice Athar Minallah.

The PPP had announced it would challenge the verdict after the presiding officer — when the votes were being counted — revealed that seven votes had been rejected.

According to the judgment, the bench clarified that the court does not interfere in the workings of the Parliament.

The court also expressed the hope that political parties and lawmakers will resolve their matters with each other without involving the judiciary.

PPP's Farooq H Naek had filed the appeal on Gillani's behalf at the high court a couple of days earlier.
In the petition, Gillani had stated that seven votes cast in his favour were rejected by the RO during the election for the Senate chairman. The petition reads that the RO’s order to declare the votes illegal should be overturned.

During the Senate election, PDM's Gillani had emerged as the victor from his Islamabad seat, beating Finance Minister Abdul Hafeez Shaikh — associated with the ruling PTI — in what was arguably the most-watched contest.

Gillani had bagged 169 votes, whereas Shaikh got 164. One vote had not been cast.

 

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CDA misstated illegal construction of courts in F-8: IHC registrar


Malik Asad
April 12, 2021

The Capital Development Authority (CDA) misstated before the Supreme Court about the illegal construction of courts on the premises of the sessions courts Islamabad. — AFP/File
ISLAMABAD: The Capital Development Authority (CDA) misstated before the Supreme Court about the illegal construction of courts on the premises of the sessions courts Islamabad.

This was disclosed in a written reply submitted to the Supreme Court by the registrar of the Islamabad High Court (IHC) in response to the apex court’s order of April 5.

A bench headed by Chief Justice of Pakistan Gulzar Ahmed on March 2 while hearing an appeal against the IHC decision to remove lawyers’ chambers from a football ground in F-8 noted that some courts had illegally been established on private land.

Subsequently, the apex court directed the IHC registrar “to ensure that such land is vacated, court structure removed and the courts are shifted to proper regular premises.”

However, in a subsequent hearing on April 5, the Supreme Court sought an explanation from the IHC registrar and asked him “why structures have not been removed/demolished.

The registrar IHC seems to have not complied with the court order.” The Supreme Court also summoned the IHC registrar as well.

In his reply, IHC Registrar Sajid Baloch stated that “action was taken immediately after receiving the order” [of the SC].

It said besides the football ground, encroachments and illegal construction were made on green areas, roads, streets, public car parking areas and commercial plots in the F-8 Markaz, adding all such illegal constructions and encroachments had been declared by the local administration as a security threat, particularly after the terrorist attack of March 3, 2014.

The registrar stated that illegal construction and encroachment were facilitated by the civil courts through their injunctive orders which were subsequently withdrawn by the IHC.

He added that soon after the apex court’s direction, the registrar directed the sessions courts judge and the CDA to identify the courts constructed illegally on greenbelts and private land and remove them accordingly.

The registrar, however, stated that “the Capital Development Authority informed that it had been misstated before the august Supreme Court that some courts or structures relating thereto had been constructed within the demarcated area of the football ground.

It was unambiguously informed that no court nor any structures relating thereto had encroached or were illegally constructed within the demarcated area of the football ground.”

However, the CDA finally said some courts and structures were illegally constructed on a public commercial plot.

Besides the illegally constructed courts, some chambers on the said plot were also illegally constructed by enrolled advocates.

The IHC registrar said since the Supreme Court had already given two months for removal of the illegal chambers from the sessions courts premises, the CDA was asked to remove the illegal structure of the courts only.

Subsequently, the CDA executed the orders and confirmed that the illegally constructed courts had been removed.

Pursuant to the CDA’s action, a compliance report has also submitted to the Supreme Court on March 29, stated the registrar.

The registrar said the IHC chief justice had asked the registrar office to conduct a forensic audit to determine how some courts were constructed illegally and “to identify the persons/officials responsible for causing loss to the exchequer.”

Published in Dawn, April 12th, 2021

 

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Federal secretary asked to speed up legislation for personal data protection


The Newspaper's Staff Reporter
April 21, 2021

KARACHI: The Sindh High Court on Tuesday directed the federal secretary, ministry of information technology and telecommunication, to expedite the process after it was informed that the proposed legislation regarding personal data protection of citizens was in the consultative phase.

The two-judge bench headed by Justice Mohammad Ali Mazhar granted one month to the secretary to submit a progress report on a request of a federal law officer.

When the bench took up a petition seeking an investigation into reports regarding a data breach of 115 million mobile phone users in Pakistan and its sale on the darknet for hearing, an AAG filed comments on behalf of the ministry of IT and telecommunication.

In its reply, the ministry stated that the draft of a Personal Data Protection Bill was ready and it was in the consultative process.

Petition seeks probe into data breach of 115m mobile phone users in country

The AAG, Hussain Bohra, submitted that after the completion of the consultative process with the Pakistan Telecommunication Authority, the bill would be placed before the federal cabinet for approval and thereafter the legislation process would be completed.

When the bench asked why the matter was being delayed, the AAG contended that since there was only 50 per cent attendance in the offices due to the Covid-19 restrictions, the consultative process was being delayed [because of the shortage of manpower].

However, he assured the bench that he would remind the secretary of the ministry of IT and telecommunication to expedite the process so that the bill be placed before the cabinet and the legislative process be initiated.

On an AAG request, the bench granted 30 days for filing a progress report and directed its office to transmit a copy of the order to the secretary of the ministry IT and telecommunication and the attorney general for compliance.

Earlier, the bench had also directed the PTA to take all necessary preventive steps to save the mobile users’ data while a cybersecurity researcher of the PTA said an investigation was being conducted and the report was going to be completed soon.

The petitioner, Advocate Tariq Mansoor, had contended in the petition that there were reports of personal data breach of 115m Pakistani mobile phone users allegedly by the telecom service providers and the same was being shown on the darknet by some cybercriminals, who were demanding 300BTC ($2.1 billion) for the sale of the data.

He further argued that the data, including full names, complete addresses and CNICs of cellular users, was reportedly put for online sale and it was very alarming and affecting the privacy of citizens.

Vawda’s plea

The Election Commission of Pakistan on Tuesday informed the same bench during the hearing of a petition filed by Federal Minister Faisal Vawda challenging the jurisdiction of the ECP to hear complaints against him as the contract of the counsel engaged by it had expired.

The ECP law officer further submitted that now the assistant attorney general [AAG] would proceed in the present case on behalf of the ECP.

However, the bench adjourned the hearing till April 30 after the AAG requested for time to prepare the brief to argue the case.

The petitioner, through his lawyer, approached the SHC and contended that he was dissatisfied with the Feb 24 order of the ECP dismissing his application in which he had sought dismissal of all complaints pending against the petitioner seeking his disqualification.

Published in Dawn, April 21st, 2021

 

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LHC sets aside Punjab Code of Civil Procedure amendment ordinance


The Frontier Post

LAHORE (APP): The Lahore High Court (LHC) on Monday set aside Code of Civil Procedure (Punjab Amendment) Ordinance 2021.

Justice Shahid Karim announced the short verdict on petition filed by vice chairman Punjab Bar Council and others challenging the amendments made in Code of Civil Procedure 1908 through the ordinance.

Barrister Ahmad Quyyum on behalf of the petitioners argued that Punjab government had introduced amendments in Code of Civil Procedure 1908 through an ordinance in 2021.

He submitted that through amendments in Code of Civil Procedure, one forum of appeal against a judgment of civil judge had been abolished and now instead of district judge appeal had to be filed in the high court.

He further submitted that Code of Civil Procedure Amendment Ordinance, 2021, amended sections 26 and 96 of CPC 1908. “Amendment in section 26 provides for a fixed time frame for the disposal of a civil suit. Similarly, by amending section 96, a time frame of 90 days has been fixed for the adjudication of appeal by an appeal court”, he added.

He submitted that all the amendments were made without consultation of the stakeholders and legal requirements were not fulfilled for the purpose. He pleaded with the court to set aside the ordinance as it was in violation of the Constitution. However, a law officer opposed the plea, saying that all requirements were fulfilled for the purpose.

The court, after hearing detailed arguments of the parties, set aside the ordinance after declaring the same in violation of the Constitution.

 

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IHC seeks report regarding actions against forced labour

• The court instructed the administration to continue its actions against the forced labour and adjourned hearing of the case.

APP
17 May 2021


ISLAMABAD: The Islamabad High Court (IHC) on Monday a sought detailed report from the district administration regarding actions against forced labour at bricks' kilns in the Federal Capital.

Chief Justice Athar Minallah heard the case relating to the forced labour at brick kilns. The state counsel informed the court about the measures taken by the Islamabad Capital Territory (ICT) district administration against the forced labour. He said first information reports (FIRs) had been registered against owners of several brick kilns for paying advance to the workers.

The district administration had provided facilities to the workers who wanted to go back to their homes, he added.

The chief justice appreciated the performance of district administration officials and directed them to submit a detailed report to the bench regarding the matter.

The court instructed the administration to continue its actions against the forced labour and adjourned hearing of the case.