Pakistan High Courts updates

[ghazi52]

PESHAWAR: The Peshawar High Court has granted bail to a Christian prisoner, who claimed that he has been detained for around eight years without trial as the records of his alleged crime and detention had gone missing in Khyber tribal district.

A bench consisting of Justice Musarrat Hilali and Justice Syed Arshad Ali directed prisoner Shakeel Masih to submit two surety bonds of Rs100,000 each and adjourned the hearing into his main petition, which requested the court to declare his confinement illegal, unconstitutional and against his basic rights.

The schedule of next hearing will be fixed later.

Saifullah Muhib Kakakhel, lawyer for the petitioner, contended that his client was arrested on Oct 8, 2013, apparently on the charge of his involvement in the murder of an army official in Khyber district (then Khyber Agency) of the erstwhile Federally Administered Tribal Areas.

He contended that his trial wasn’t concluded earlier and the relevant file had also gone missing.

Detainee claims kept behind bars without trial

The lawyer said the Khyber district and sessions judge continued to write the letter to the inspector general of Frontier Corps, district public prosecutor and relevant assistant political agent in ex-Fata for the production of the case file but it hadn’t been found.

He contended that it was revealed later that a judgment was passed by a court in ex-Fata, but it was neither signed by the court’s presiding officer nor was it available with the trial court.

An additional advocate general said the petitioner had the remedy available of filing an application with the trial court for his release on bail.

However, the bench observed that when the case file or records were not available with the trial court, how it would decide the petitioner’s plea.

In the main petition, the prisoner claimed that without assigning any reason, the trial court had been extending his judicial custody after every 14 days for keeping him imprisoned.

He requested the court to declare the orders of the trial court by granting judicial custody without recording any reason against the basic principles of criminal justice.

The respondents in the petition are the Khyber Pakhtunkhwa government through advocate general, KP inspector general of prisons, interior secretary, Khyber district public prosecutor and district and sessions judge, and Peshawar Central Prison’s superintendent.

Lawyer Kakakhel, who is known for public interest litigation, said the petitioner was arrested around eight years ago but no document to that effect was available, including the FIR.

He contended that there was no FIR or any incriminating evidence against him and that he was behind bars without any lawful justification.

The lawyer said his client hadn’t been provided with any document in line with the Code of Criminal Procedure related to his case.

He wondered when the records were not available with the trial court, then how it was possible for it to grant his judicial custody to keep him behind bars for an indefinite period.

Published in Dawn, July 4th, 2021

 

[Blacklight]

PESHAWAR: The Peshawar High Court has granted bail to a Christian prisoner, who claimed that he has been detained for around eight years without trial as the records of his alleged crime and detention had gone missing in Khyber tribal district.

A bench consisting of Justice Musarrat Hilali and Justice Syed Arshad Ali directed prisoner Shakeel Masih to submit two surety bonds of Rs100,000 each and adjourned the hearing into his main petition, which requested the court to declare his confinement illegal, unconstitutional and against his basic rights.

The schedule of next hearing will be fixed later.

Saifullah Muhib Kakakhel, lawyer for the petitioner, contended that his client was arrested on Oct 8, 2013, apparently on the charge of his involvement in the murder of an army official in Khyber district (then Khyber Agency) of the erstwhile Federally Administered Tribal Areas.

He contended that his trial wasn’t concluded earlier and the relevant file had also gone missing.

Detainee claims kept behind bars without trial

The lawyer said the Khyber district and sessions judge continued to write the letter to the inspector general of Frontier Corps, district public prosecutor and relevant assistant political agent in ex-Fata for the production of the case file but it hadn’t been found.

He contended that it was revealed later that a judgment was passed by a court in ex-Fata, but it was neither signed by the court’s presiding officer nor was it available with the trial court.

An additional advocate general said the petitioner had the remedy available of filing an application with the trial court for his release on bail.

However, the bench observed that when the case file or records were not available with the trial court, how it would decide the petitioner’s plea.

In the main petition, the prisoner claimed that without assigning any reason, the trial court had been extending his judicial custody after every 14 days for keeping him imprisoned.

He requested the court to declare the orders of the trial court by granting judicial custody without recording any reason against the basic principles of criminal justice.

The respondents in the petition are the Khyber Pakhtunkhwa government through advocate general, KP inspector general of prisons, interior secretary, Khyber district public prosecutor and district and sessions judge, and Peshawar Central Prison’s superintendent.

Lawyer Kakakhel, who is known for public interest litigation, said the petitioner was arrested around eight years ago but no document to that effect was available, including the FIR.

He contended that there was no FIR or any incriminating evidence against him and that he was behind bars without any lawful justification.

The lawyer said his client hadn’t been provided with any document in line with the Code of Criminal Procedure related to his case.

He wondered when the records were not available with the trial court, then how it was possible for it to grant his judicial custody to keep him behind bars for an indefinite period.

Published in Dawn, July 4th, 2021

Right now Anger, Shame, and Disgust is what I am feeling.

8 years of a mans life have been wasted, and to add salt to his injury he has to furnish a Rs200k bond!

WTH is wrong with our people!

 

[ghazi52]

Right now Anger, Shame, and Disgust is what I am feeling.

8 years of a mans life have been wasted, and to add salt to his injury he has to furnish a Rs200k bond!

WTH is wrong with our people!

Yes, I also feel shame on this justice system.

 

[ghazi52]

New LHC chief justice sworn in

Our Staff Reporter
July 07, 2021


LAHORE - Punjab Governor Ch Sarwar administrated oath to the new Chief Justice of Lahore High Court (LHC), Justice Ameer Muhammad Bhatti on Tuesday in a ceremony held at Governor House. Talking to media after the ceremony, the governor congratulated the newly sworn in Chief Justice Lahore High Court,

Justice Ameer Bhatti and extended best wishes to him. He said that the PTI government was taking all necessary steps to strengthen all institutions including the judiciary. He said that full cooperation would be extended to the judiciary to remove the obstacles in the way of justice. “The mission of the government under the leadership of Imran Khan is to provide all basic facilities to the people including justice,” he said, adding that it was essential to ensure provision of speedy justice to the masses for the development and stability of a society. “We expect that under the supervision of the new Chief Justice Lahore, the judiciary will work passionately to ensure justice to the people of Punjab. When all institutions work together to deliver justice, the people will surely get immediate justice,” he observed. Punjab Chief Minister Sardar Usman Buzdar, Corps Commander Lahore Lt-Gen Abdul Aziz, and other dignitaries were also present on the occasion.

 

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The Islamabad High Court (IHC) has noted that the National Accountability Bureau’s (NAB) decision to arrest PML-N senior leader and former planning minister Ahsan Iqbal during its inquiry into a sports complex case was abuse of power.

The country’s top accountability watchdog arrested Iqbal in December last year over alleged irregularities in a sports complex constructed in his hometown of Narowal.

A division bench of the IHC, headed by Chief Justice Athar Minallah and comprising Justice Lubna Saleem Pervez, on February 25 granted bail to the PML-N leader. The court has now issued its detailed verdict.

The verdict said the NAB additional prosecutor general failed to persuade the court that the incarceration of the PML-N leader was justified on the touch stones of law.

“It appears from the record that the petitioner was voluntarily cooperating with the investigation officer. The case was at the stage of ‘inquiry’ and had not been converted to the next stage – investigation. The petitioner at the present stage of proceedings is considered innocent,” it said.

The verdict said Ahsan Iqbal is an elected representative – is not disqualified as a member of the National Assembly – and his unnecessary incarceration particularly when he is cooperating in the inquiry is likely to expose the constituents to hardship as well.

“The bureau has not been able to persuade us that further incarceration of the petitioner would serve any useful purpose or that it is necessary for completion of the proceedings pending under the [National Accountability] Ordinance (NAO) 1999.”

It said there is nothing on record to “establish mens rea” on part of the petitioner nor has it been alleged by the bureau. “The bureau has not alleged that the petitioner had gained any financial benefit,” the 10-page verdict said.

The court noted that mere allegation of misuse of authority would not justify depriving an accused of liberty because an irregularity or a wrong decision sans criminal intent, mens rea and illegal gains and benefits does not attract the offenses under the NAO, 1999.

 

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NAB yet to establish its case against Kh Asif: LHC

Wajih Ahmad Sheik
July 8, 2021 -

A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.— Reuters

A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.— Reuters/File
LAHORE: A detailed verdict of the Lahore High Court into post-arrest bail granted to former defence minister Khwaja Muhammad Asif in an inquiry of illegal assets and money laundering has observed that the opposition leader caused no loss to the national exchequer.

“Neither there is any tangible material, nor even any circumstantial material to prima facie conclude that remittance of Rs 107 million was generation of the proceeds of crime,” says the verdict issued by a two-judge bench comprising Justice Aalia Neelum and Justice Syed Shahbaz Ali Rizvi.

The bench observes that the special prosecutor, responding to queries, categorically admitted that it was not a case of the prosecution that the petitioner acquired assets after receiving any kickbacks or any ill-gotten money or misuse of authority or corruption.

“In view of the statement of the special prosecutor it is not case of the prosecution that the petitioner, by abusing his position, had acquired assets disproportionate to his known sources of income,” it remarks.

Detailed verdict says MNA caused no loss to exchequer

The bench observes that the foreign remittance declared in income tax returns carries the presumption of truthfulness.

“Even the FBR record regarding the petitioner’s claim has supplemented his claim qua the properties, income gained by him and foreign remittance. It is an admitted position that the petitioner did not cause any loss to the government exchequer,” the 18-page judgement states.

The judges express their surprise over the changed stances of the NAB in two reports filed with the court. In its first report on April 28, 2021, the bureau claimed that Asif and his wife had withdrawn salary of Rs29.717 million and Rs10.692 million. Whereas in the subsequent report on June 18, 2021, the salary drawn by Asif and his wife was collectively shown as Rs28.772 million.

The bench notes that the special prosecutor has failed to explain any plausible reason for the decrease in salary of the petitioner and his wife from Rs40.509 million to Rs28.772 million. Similarly the income from business was also shown decreased from Rs82.186 million to Rs50.1569 million without any plausible reason, it adds.

The bench further observes that the audit unit report of 2014 revealed that no discrepancies were found during the conduct of the audit.

It states that a representative of UAE-based International Mechanical and Electrical Company (IMECO) wanted to come to Pakistan, however, the investigating officer did not include the representative of the Dubai company in the investigation.

It says Asif declared his overseas income in his income tax returns but the NAB did not verify his overseas money from 2004 to 2008 with the embassy.

“All above said circumstances make out case of the petitioner one of further inquiry. The prosecution has yet to establish its case before the trial court,” the bench rules.

The bench had granted the bail to Asif on June 23 last through a short order.

The NAB had arrested Asif from Islamabad on Dec 29, 2020 and later shifted him to Lahore where he remained on physical remand till Jan 22, 2021. The former minister is also a sitting MNA of PML-N from NA-73, Sialkot.

The NAB had initiated the inquiry on the complaint of Pakistan Tehreek-i-Insaf’s leader Usman Dar, who had lost his 2018 general election against Asif.

Published in Dawn, July 8th, 2021

 

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LHC rejects bails of individuals involved in selling artificial milk

https://nation.com.pk/NewsSource/web-desk
Web Desk
1:11 PM | August 12, 2021


Lahore High Court (LHC) has dismissed bails of those involved in selling artificial milk on Thursday.

The judge stated during the hearing that the court has declared the suspects as enemies of humanity, and such people are defaming the name of the country.

Stern action must be taken against such people, the court further ordered while rejecting the bails.

 

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FIA identifies 54 members alleged currency mafia


The Frontier Post

PESHAWAR: Federal Investigation Agency had identified 54 member mafia allegedly involved in storage of dollar which are causing devaluation of Pakistani currency and affecting national economy.

This was disclosed by Director FIA KP Nasir Mahmood Satti before Peshawar High Court during hearing bail petitions of different currency dealers.

The two-member bench comprising of Chief Justice Peshawar High Court Justice Qaiser Rashid and Justice Shakeel Ahmad hearing bails petitions in which petitioners were arrested under 3MPO while put behind the bars for one month by Deputy Commissioner orders.

The counsels for petitioners including Shabbir Hussain Gigyani, Qaiser Zaman and Azhar Yousaf informed PHC that FIA had conducted various raids against culprits involved in illegal business of currency and arrested several outlawed but the petitioners had arrested under 3MPO which is against the constitution and law.

Director FIA informed PHC that 37 of 54 members currency mafia belongs to Khyber Pakhtunkhwa province and added that after against the mafia dollar has been devalued from Rs,178 to Rs,173 while Chief Justice Qaiser Rashid remarked that competent authorities are now aware from the situation while it is continue since years.

Laterally, PHC granted bails to petitioner on two personal sureties and Rs.2 million.

 

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The Frontier Post

ISLAMABAD (APP): A division bench of Islamabad High Court (IHC) on Wednesday removed the objections of registrar office on acquittal plea of Pakistan Muslim League Nawaz (PML-N)’s Vice President Maryam Nawaz in Avenfield property reference and clubbed the case with main appeals.

The hearing on the appeals was then adjourned till October 13.

A two-judge bench comprising Justice Aamer Farooq and Justice Mohsin Akhter heard the appeals of Maryam Nawaz and her husband Cap. (r) Safdar against their convictions in graft reference.

At the outset of hearing, Maryam Nawaz arrived at the court rostrum. Howe-ver, the court instructed her to take her seat.

The bench noted that a separate petition had been filed by the accused and the registrar office had raised objections on it.

The court, however, removed the objections of registrar office on miscellaneous petition and clubbed the case with other identical petitions.

Maryam’s lawyer Irfan Qadir clarified that this petition was not against any institution. His clients, he said, respected the national institutions.

Meanwhile, Irfan Qadir opposed the plea of National Accountability Bureau (NAB) seeking daily hearing and decision within one month in appeal of Maryam Nawaz.

He pleaded National Accountability Bureau’s request was unnecessary and prayed the court to turn it down.
The lawyer also received the court notices on another NAB plea also seeking daily hearing on appeal on Capt. (r) Safdar.

The court clubbed the petitions with main appeals and adjourned the case till October 13.

 

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No roadblocks during cricket matches: LHC

https://nation.com.pk/NewsSource/web-desk
Web Desk
4:35 PM | October 14, 2021


The Lahore High Court (LHC) Thursday ordered the office of the Home Secretary, Punjab to not block the roads during national and international cricket matches.

Hearing a petition which called the court’s attention to the matter, the judge asked the authorities: “Who ordered you to block [entire] road [sections] during the matches?”

At this, the Chief Traffic Officer (CTO) of Lahore told the court these instructions are issued by the Home Department. “No police policymaking is involved in the decision,” he said.

During the hearing, the home secretary personally appeared in the court.

During the hearing, Justice Shahid Karim said Lahore has become one of the most polluted cities in the world and the atmosphere is polluted because of intense smog.

The court said no roads will be blocked during cricket matches whether local or international. Responding to the directive, the official assured the court an alternative traffic plan would be issued to maintain the flow of traffic during the games.

“If the Pakistan Cricket Board is hosting international events, they should accommodate the teams near the stadiums,” Justice Karim said, observing closing or blocking roads was not a solution.

“Every time an international event is scheduled in Pakistan, the first step taken by authorities is to block roads and traffic, people often complain,” the judge said.

“When the New Zealand cricket team arrived in Rawalpindi, the Cricket Stadium Road was closed for all the matches.

Murree Road from Faizabad to the Double Road was closed every time the cricket teams arrived at the stadium or left. People were told to use alternative routes to avoid inconvenience.”

 

[ghazi52]

Qasr-e-Fatima-landmark SHC verdict

Abu Sohrab
18 Oct 2021

In a landmark judgement the Sindh High Court on 13 June 2021 ruled that the premises of Qasr-e-Fatima, commonly known as Mohatta Palace, in Clifton, Karachi, would be used to set up a medical and dental college for girls. The court's order, mutually agreed by both parties to use the premises as a girls' dental college and also have a hostel, is highly commendable.

However, it must be ensured that the status of the building of Qasr-e-Fatima shall not be altered or changed; it's kept intact as a museum for awareness and appreciation of the cultural heritage of Pakistan. It is one of the top ten tourist attractions of Karachi. Qasr-e-Fatima (Mohatta Palace) is a heritage-protected building. Mohatta Palace was acquired by the Government of Pakistan in 1947 to set up Ministry of Foreign Affairs.

After the Foreign Office was shifted to Islamabad in 1964, the palace was given to Mohtarma Fatima Jinnah. After her demise in 1967, her sister Shireen Bai lived there until her death in 1980. In 1995, it was purchased by the Sindh government for a sum of Rs 6 million.


Abu Sohrab (Karachi)
Copyright Business Recorder, 2021

 

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PHC directs to monitor situation of marble factories waste

The Frontier Post

Humayun Khan


PESHAWAR: The divisional bench comprising of Chief Justice Peshawar High Court Justice Qaiser and Justice Ijaz Anwar directed Assistant Commissioner Jamrud and Environmental Protection Agency (EPA) to visit Malagori Marble Factories to monitor the situation, on Thursday.

The direction was granted hearing of case filed by Ibrar-u-Din seeking to stopped marble factories from expelling wastage to clean water which not only impacted health but also hazardous for the environment.
Additional Advocate General Syed Sikandar Hayat Shah, Assistant Commissioner Jamrud and Director General (EPA) appeared before the court.

During hearing Chief Justice remarked that we are wanting that business activities continues in tribal areas but it is necessary that clean drinking water is also available for the people and protection of environment is also mandatory. He added that impurities are flowing like poison in the human body.

The petition further stating that the marble factories in Malagori are discharging industrial impurities to clean water, which not impacting human and livestock while environment is also on stake.


AC Jamrud informed that some factories had started construction of safety tanks on which Chief Justice remarked that appreciate the owners who are taking steps for protection of environment.

DG EPA informed that consultation had been made for several times with for the issues but to no veil however EPA continues monitoring of the site.

The two-member bench directed to appreciate the owner who are prioritizing the environment while take action against factories how are polluting the water resources and adjourned further hearing.

 

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'Persecuting the already persecuted': LHC sets aside BZU order suspending admission of Ahmadi student

Rana Bilal
October 29, 2021

A file photo of the Lahore High Court building. Photo courtesy: LHC website

The Lahore High Court on Friday set aside Bahauddin Zakariya University's (BZU) order to suspend the admission of a student belonging to the Ahmadi community, terming the varsity's move as "persecution".

Umer Taimur Tahir was enrolled in the Pharm-D programme on a minority quota at the BZU in September. However, the university had on Oct 11 suspended his admission without informing him, according to the court order, and without giving reasons for doing so.

The university had also claimed at the time that the matter was being contested in the LHC, a claim that was "gratuitous, unwarranted and untrue", according to the court.

The student, in a petition with the high court, had challenged the varsity's move to supsend his admission, saying he was "treated as an object and not a human being".

"Some event which is not discernible from the record and about which the petitioner has no information or knowledge allegedly took place by virtue of which his admission has been suspended without informing him, without hearing him, without providing any reason for the same," Tahir's petition read.

In his order, a copy of which is available with Dawn.com, Justice Muhammad Shan Gul noted that the student's suspension "amounts to persecuting the already persecuted!"

He said the varsity's decision depicted scant regard for students along with "a conscious disregard for minority rights".

The court also ordered the vice-chancellor to inquire into the matter and find out why the petitioner had been singled out "for such callous and insensitive treatment".

Justice Gul pointed out that Article 36 of the Constitution provided for safeguarding the legitimate rights and interests of minorities. "Even this right contained in Article 22 and the principle of the policy contained in Article 36 of the Constitution clearly protect the petitioner from such attacks," the judge remarked.

The court ordered that the student's petition, along with the copy of the court order, should be sent to the vice-chancellor "so he could take a paternalistic view in the matter and ensure that the petitioner is not dealt a marked hand."

 

[ghazi52]

https://nation.com.pk/NewsSource/inp
INP
November 08, 2021


The Sindh High Court has ordered to evacuate the entire Makkah Terrace building in order to bulldoze the extra spaces illegally occupied by the builder. The court has also directed the builder to shift the residents of the complex to rented houses and bear the rent expenses himself.
Sindh High Court Justice Zafar Ahmad Rajpoot heard the Makkah Terrace building case on Monday in Karachi.


Justice Rajpoot ordered to vacate the whole building and directed the builder to arrange for the residents substitute accommodation on rent within 15 days. He asked the builder to pay the rent for himself.

The justice also directed the builder to bear expenses of pulling down the extra spaces occupied illegally.

The court observed when the extra spaces would be demolished, the price of the building would automatically go down. The court asked the builder to give back extra money to the residents.

Justice Rajpoot ordered the petitioners lawyer to ask the builder if he could willingly do these things then its good. If not, then the court would release an order in this regard, the justice said adding that the court would issue such an order that might thwart builders to do business in future.

Prices of sugar will come down in few weeks: Hammad Azhar

The court asked the builders lawyer to submit his reply on its suggestions.
It also sought progress report on the action against the Sindh Building Control Authoritys officials who were involved in the wrongdoing. It also summoned report on action against the builder.
The court adjourned the hearing till Wednesday.

Earlier, the Sindh Building Control Authority (SBCA) had halted the demolition operation at Makkah Terrace upon the resistance of the residents.

The team had reached to raze the structure on the orders of the Sindh High Court (SHC) earlier this week. As the SBCA team started to demolish few parts of the building, the residents of the building came out of their houses and started raising slogans.

It is to be noted that the case of illegal constructions in the city was heard in the Sindh High Court. During the hearing, the court expressed anger over the DG Sindh Building Control Authority (SBCA).

Justice Zafar Rajput had remarked that the performance of SBCA is zero, decisions are given but no action is being taken.

Justice Rajput asked the DG SCBA that how these buildings are being built? When the buildings are built, the officers are asleep. Tell me, what action has been taken against the responsible officers?

Expressing anger, the SHC judge had remarked, What! were you sleeping before? You are standing here but your officers are not taking any action.

The SHC, while ordering action against the four-storey portion of Makkah Tower, said that whatever is illegal should be demolished and a report should be submitted within a month.

 

[ghazi52]

Any marriage under age of 18 declared illegal​

Terence J Sigamony
02 Mar, 2022

ISLAMABAD: The Islamabad High Court (IHC) declared that a marriage contract in which one of the parties is a child under the age of 18 is a contract executed for an unlawful purpose and is void ab initio. Justice Babar Sattar, who authored 56-page judgment, wrote; “A child is defined as a person who has not attained the age of 18 years. A child is required to be placed in somebody’s care whether it is a parent or guardian or other caregiver appointed on behalf of the state. Complete agency to grant informed consent for purposes of entering into contract, including, inter alia, a marriage contract cannot be attributed to such child.”

Mother of Swera Falak Sher, who was born on March 07, 2006, had filed the petition seeking the recovery of her daughter. Later due to the court order minor (Swera) was produced before the Court. She stated in the court that she had married respondent No. 1 and was unwilling to go along with her mother to her family home. This Court then ordered that the Minor be lodged in Dar-ul-Aman.

A female child below the age of 18 cannot be deemed competent to freely grant her consent to enter into a marriage contract merely because she manifests the physical symptoms of having attained puberty. In view of provisions of the Muslim Family Law Ordinance, 1961, Islamabad Capital Territory Child Protection Act, 2018 and PPC, when read together, while being guided by principles of Islamic jurisprudence and Principles of Policy enshrined in the Constitution, (including state’s obligation to protect the woman, the child and the family), the test for legal agency and competence of a female child is her biological age and not her state of physical and biological growth.

Copyright Business Recorder, 2022