Blaze News - Pakistan

The clash between the judiciary and security establishment has further intensified as the Islamabad High Court has summoned a serving military officer – the sector commander of the central Inter-Services Intelligence (ISI) Islamabad -- in the case of the missing poet Ahmed Farhad Shah. Usually, the superior courts avoid summoning serving military officers in any matter with some exceptions. Former additional attorney general Tariq Mahmood Khokhar recalled that a serving military officer was summoned in the apex court bench led by Justice Qazi Faez Isa in the Anti-Narcotics Force (ANF) case. “Justice Isa had directed two successive ANF director generals, both serving major generals, to appear before him in the Supreme Court.” He continued that a Lahore High Court judge had also summoned a serving army officer in a missing person case. “Justice Waqas Rauf Mirza had directed a judge advocate general, a serving brigadier, to appear before him in the Lahore High Court, Rawalpindi Bench.” It...

As the spotlight falls on ex-CJP Tassaduq Hussain Jillani, the central question looms large: can the seasoned adjudicator, with a storied career behind him, steer a fair and impartial investigation into the explosive allegations levelled by the six Islamabad High Court judges. The 75-year-old Jillani finds himself at the helm of the inquiry commission tasked with navigating the murky waters of judicial integrity in a heated political climate. However, the decision has stirred up a heated debate, with many questioning whether the former top judge can ensure a fair investigation. Weighing on the matter, Abdul Moiz Jaferii expressed about the commission's ability to achieve anything substantial. He believed that the commission could achieve only one thing: to lower the reputation of the judges who have complained of influence, as well as diminishing the reputation of the judge heading the commission. He went on to say that the move was an invitation to destroy ex-CJP Jilani's lega...

The Supreme Court is preparing to release recorded proceedings of cases from Monday, marking a significant shift toward transparency in its operations, instead of broadcasting them live. Initially, the court will share proceedings from Court No. 1, where the Chief Justice of Pakistan (CJP) presides, on the Supreme Court website after the court's timing. The move follows the decision made during a full court meeting on September 18, where a majority allowed live coverage of judicial proceedings under the Supreme Court Practice and Procedure Act 2023. The initiative was piloted with PTV broadcasting the full court proceedings. Later, a committee, led by Justice Athar Minallah and Justice Muhammad Ali Mazhar, was entrusted with assessing various options for streaming court proceedings live. Read More: CJP reconstitutes committee to digitise legal system The committee has now presented its recommendations, deciding that instead of live streaming, recordings of Court No. 1 proceedings w...

The Federal Shariat Court (FSC) has held that the right of khula granted to women by the Holy Quran and Sunnah is an absolute and unique right, whereby a marriage can be dissolved through a court at her will. In a 13-page detailed verdict, Justice Dr Syed Muhammad Anwer ruled that a wife can get this right by showing her willingness to return the mehar (dower) to her husband and in addition by simply stating in a court of law that she can no longer live with her husband as his wife “within the prescribed limits set by the Almighty Allah as a reason for dissolution of marriage”. This right of women cannot be denied by the court of law, the order read. Read More: Khula: A woman’s right to divorce with dignity The FSC, headed by Chief Justice Iqbal Hameed ur Rehman, presided over two legal inquiries. One, determining if the right of khula is an unconditional entitlement for women in Islam and identifying the necessary prerequisites for obtaining it. Two, establishing if a judge can gr...

The Supreme Court on Friday rejected the Pakistan Democratic Movement (PDM) government's plea objecting to the bench hearing petitions challenging the audio leaks commission. Announcing the reserved judgement, Justice Ijazul Ahsan said the objections raised were "an attack on the judiciary" The former coalition government had raised objections over the presence of Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan and Justice Muneeb Akhtar on the bench hearing the case. On May 26, the apex court stayed the proceedings of the commission led by Justice Qazi Faez Isa and included Balochistan High Court Chief Justice Naeem Akhtar Afghan and Islamabad High Court Chief Justice Aamer Farooq. A five-judge SC bench, which apart from the three judges, included Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed issued the order while hearing four petitions filed by PTI Chairman Imran Khan, Supreme Court Bar Association (SCBA) President Abid Zuberi as well as othe...

The Supreme Court of Pakistan disposed of on Monday a contempt petition filed against Justice Qazi Faez Isa, after the petitioner withdrew his plea. The matter, related to the audio leaks commission headed by Justice Isa, was heard by the Chief Justice of Pakistan Umar Ata Bandial in his chamber. Advocate Riaz Hanif Rahi had earlier filed a plea in connection with the withdrawal of his contempt petition against Justice Isa and two other high court chief justices, namely Justice Naeem Akhtar (Balochistan) and Justice Aamer Farooq (Islamabad). Read Divided we stand: Supreme Court judges still poles apart The CJP had fixed the matter for hearing today (July 31) in his chamber. The initial contempt plea was filed in connection with the commission formed by the government to investigate audio leaks concerning the judiciary as well as Pakistan Muslim League-Nawaz (PML-N) leader Maryam Nawaz over the violation of the apex court larger bench’s May 26 order wherein the notification for the inqu...

The federal government has sought time from the Supreme Court to consider the option of giving the right of appeal to the accused persons who are being tried in military courts. These individuals are accused of allegedly vandalising army installations and memorials on May 9. Earlier, the SC had instructed the Attorney General of Pakistan (AGP), Mansoor Awan, to consult with relevant authorities regarding granting the right to appeal to individuals who are currently facing trials in military courts under the Pakistan Army Act, 1952. A six-member larger bench of the apex court resumed the hearing of petitions challenging the court martial of civilians today after it had granted the AGP a two-day deadline to obtain the necessary instructions from the relevant authorities. Notably, during earlier proceedings, the SC emphasised the importance of considering the right to appeal for civilians facing military trials. During a session led by Chief Justice of Pakistan (CJP) Umar At...

As the Supreme Court (SC) resumed hearing petitions against trial of civilians in military courts on Tuesday, Chief Justice of Pakistan (CJP)Umar Ata Bandial made it clear that civilian citizens should not be subject to trials which are not in accordance with the Constitution. Emphasising on civilians having constitutional protection, the CJP went on to say that the military courts conduct summary trials, do not issue reasons in their judgments, and don't record evidences either; the courts are not open for the public. Justice Bandial added that civilians should not be subject to undue harshness as he noted that military laws were very tough, and different from ordinary provisions. Nonetheless, he conceded that May 9 incidents were of a serious nature. During the last hearing, the SC had summoned the record of all the alleged May 9 rioters - including women and journalists - in custody of civil or military authorities as it took up petitions filed against court ...

The Supreme Court Registrar on Monday returned the Istehkam-e-Pakistan Party (IPP) senior leader Awn Chaudhry's petition seeking the dissolution of the Pakistan Tehreek-e-Insaf (PTI), deeming it "not entertainable". The petitioner, Awn Chaudhry, had contended that the PTI chairman was involved in attacks on state institutions, the judiciary, the military, and its installations, and violated basic human rights and the Constitution. The petition had made the PTI chairman and the party president respondents. Prime Minister Shehbaz Sharif, Defence Minister Khawaja Asif, and the ministries of law and interior and others are also made respondents in the case. “The acts of PTI, its Chairman, office-bearers, their hate speeches attacking the judiciary, defence, burning and looting public assets, etc are totally unconstitutional…,” stated the petition. Read Contempt plea filed against justices Isa and Masood It also mentioned the events of May 9, saying that PTI supporters hatched...

The Permanent Court of Arbitration (PCA) accepted Pakistan's position on Thursday and rejected India's objections to the assumption of jurisdiction by the international forum in the matter concerning the change of designs in Kishanganga and Ratle Hydro Electric plants. A legal battle between India and Pakistan over water-sharing in The Hague passed through the initial stage after the PCA ruled that it was a competent authority to determine the Kishanganga dispute between the two South Asian nations. The court is not set to begin hearing Pakistan's claim on merit to the effect that above mentioned two projects’ designs are in breach of Indus Water Treaty of 1961. Pakistan was represented by a team of international experts assisted by a team of the Attorney General for Pakistan including Advocate Zohair Waheed and Advocate Ms Leena Nishter. Barrister Ahmed Irfan Aslam acted as Pakistan’s agent in the PCA. Background The dispute pertains to concerns raised by Pakistan over Ind...

The Supreme Court on Tuesday rejected a request to stay the military trial of civilians arrested for May 9 vandalism, after Attorney General for Pakistan (AGP) Mansoor Awan provided assurances to the court. The six-member bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial was hearing petitions against military courts trying civilians in connection with their involvement in the May 9 violence. In addition to the CJP, the bench comprises Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Yahya Afridi, Justice Mazahar Naqvi and Justice Ayesha Malik. AGP Awan had last Friday informed the Supreme Court that 102 people were in the army’s custody and none of them were juvenile or women. The AGP reiterated his earlier stance while speaking to journalists informally today ahead of the hearing, saying "No civilians are currently on trial [in military courts]. The civilian trials have begun," he explained. Notably, Director General Inter-Services Public Relations (DG ISPR) ...

Two of the Supreme Court's senior-most judges, Justice Qazi Faez Isa and Justice Sardar Tariq Masood on Thursday expressed serious reservations over the nine-member bench hearing petitions filed by former CJP Jawad S Khawaja and others against the trial of alleged May 9 rioters in military courts. However, both judges categorically stated that they were not recusing themselves from the proceedings, but refused to sit in the larger bench until the verdict on the Supreme Court (Practice and Procedure) Act 2023 was announced. Subsequently, Chief Justice Umar Ata Bandial, who was heading the proceedings trimmed the bench down to seven members, who are scheduled to preside over the hearing at 1:30 pm. Notably, the apex court has adjourned for an indefinite time the hearing of petitions filed against the Supreme Court (Practice and Procedure) Act, 2023—a piece of legislation that seeks to curtail the powers of the chief justice of Pakistan (CJP). The court had put off the hearing after A...

Chief Justice of Pakistan (CJP) Umar Ata Bandial observed on Wednesday that the country was going through a period of transition, adding that "we must display patience, fortitude and courage. Let us learn to deal with this situation." The CJP's remarks came as a three-member bench of the Supreme Court (SC) led by him and comprising Justice Ijazul Ahsan and Justice Munib Akhtar resumed hearing petitions against the recently introduced SC (Review of Judgments and Orders) Bill, 2023. As the top court resumed proceedings today, Advocate Rahi, one of the lawyers challenging the law, requested the court for permission to read out an application he wished to file with the court concerning his "abduction". "On my return from the SC, I was kidnapped on June 6 and pressured to withdraw the petition [against the SC review law]. I seek the court's permission to read a petition in this regard," he said. However, the lawyer was prevented by the CJP from proceedi...

The Supreme Court (SC) unanimously ruled that "sexual harassment at the workplace is not only about physical intimacy or sexual form but also includes discrimination on account of gender". In 2021, the apex court had held that sexual intention must be proved in the cases that are proceeded under the Protection against Harassment of Women at Workplace Act, 2010. "The aggrieved person under the provisions of the Act, 2010 has the responsibility to prove that the perpetrator truly had an accompanying sexual intention or overture with his act, demeanor, behavior, and/or conduct," read a 12-page judgment authored by Justice Mushir Alam. Justice Alam had been presiding over a three-judge bench that had dismissed a case filed by a female employee of the Pakistan Television (PTV) against her male colleagues. One of the accused was represented by Agha Muhammad Ali Advocate. The order had said that the Protection against Harassment of Women at Workplace Act, 2010 (PAHWWA) its...

An eight-member bench of the Supreme Court (SC) indefinitely adjourned proceedings against the Supreme Court (Practice and Procedure) Act, 2023 on Thursday after the government sought time to review the law. Heading the bench, Chief Justice of Pakistan (CJP) Umar Ata Bandial "welcomed" the federal government's proposal to reassess the law as "a very good idea". Attorney General for Pakistan (AGP) Mansoor Awan appearing before the larger bench stated that there is an overlap in some of the provisions of the Supreme Court (Practice and Procedure) Act, 2023 and SC (Rules and procedures) Bill 2023, adding that the government intended to harmonise them. He also referred to those provisions. "There is some contradiction between the SC (Rules and procedures) Bill 2023 and the revisional jurisdiction extension law," the AGP said. "There should be harmony in the laws," the CJ agreed, adding that the SC should be consulted before laws related to the wo...

The Supreme Court adjourned the hearing of the Punjab polls review petition after being caught off guard by the AGP arguing that a new law passed has enlarged the scope of review petitions against judgments. Attorney General of Pakistan (AGP) Mansoor Awan told the Supreme Court (SC) that the new act had been notified under Article 184 (3) of the Constitution. In view of the new law that was signed by President Arif Alvi only yesterday, a larger bench will hear review petitions. AG Awan informed the court of the development as a three-member bench headed by CJ Bandial comprising Justice Ijazul Ahsan and Justice Munib Akhtar was hearing the ECP's review petition against the bench’s April 4 order. The same three-judge bench had on April 4 ordered the ECP to hold elections in Punjab on May 14. Notably, the federal government and the apex court have been at loggerheads over the provision of polls in Punjab and Khyber Pakhtunkhwa for months. During previous proceedings, the governme...