Pakistan Affairs

Tag: supreme court

  • CJP takes suo motu notice over delay in K-P, Punjab elections | The Express Tribune

    The Supreme Court of Pakistan has constituted a nine-member larger bench, led by Chief Justice Umar Ata Bandial, to hear a suo motu matter regarding the announcement of date to hold elections for Punjab and Khyber-Pakhtunkhwa assemblies. This follows a petition filed by Ghulam Mehmood Dogar and a division bench\’s warning that there was an eminent danger of violation of the Constitution. The bench will consider three questions, if deemed appropriate: who has the constitutional responsibility and authority for appointing the date for the holding of a general election to a provincial assembly, upon its dissolution in the various situations envisaged by and under the Constitution; how and when is this constitutional responsibility to be discharged; and what are the constitutional responsibilities and duties of the federation and the province with regard to the holding of the general election. With the Supreme Court taking up this important matter, the citizens of Punjab and Khyber-Pakhtunkhwa have the assurance that the constitutional and legal requirements for holding elections in the two provinces will be fulfilled. Join my Facebook group to stay updated on the latest news and developments.



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  • Lawyers bodies to move SJC against SC judge | The Express Tribune


    ISLAMABAD:

    Top lawyers’ bodies, including the Pakistan Bar Council (PBC), on Tuesday announced filing separate complaints of misconduct in the Supreme Judicial Council (SJC) against a Supreme Court judge after audio leaks emerged purportedly featuring conversation about the fixation of case before a particular bench or judge with former Punjab chief minister Pervaiz Elahi.

    The announcement was made by PBC Executive Committee Chairman Hasan Raza Pasha during a news conference which was also attended by the representatives of all superior bars, including provincial bar councils.

    Pasha said all bar councils were on the same page over the issue, adding that the complaint will be lodged next week.

    He also demanded of the government to withdraw the review appeal on the decision against the reference on Justice Qazi Faiz Isa, saying that it had \”malicious\” intent.

    Pasha said that they had urged the top court to investigate the audio leaks. However, he added, they decided to file the complaint as they did not get any response from the apex court.

    Read SCBA president terms ‘new audio leaks involving Elahi, SC’ doctored

    He said that the resolution for the protection of lawyers was also approved whereas a motion to amend the SJC rules was also endorsed during the meeting.

    The meeting also demanded that army officers and retired judges should not be offered any government post. It also urged to appoint senior judges in the Supreme Court.

    Audio leak

    Two separate audio clips were leaked on social media last week. In the first audio clip, a man believed to be Elahi can be heard telling “Joja sahab” that the SC judge should be appointed to hear the “Muhammad Khan case”.

    Meanwhile, superior bars have increased their pressure for initiating misconduct proceedings in the SJC against the judge.

    The Independent Lawyers Group representatives are taking a lead role on the issue. At one time, they were seen rescuing the same judge, when the SJC initiated misconduct proceeding against him on account of a judicial order.

    On the other hand, the Professional Lawyers Group is totally silent. Two members of the group, who attended all lawyers regularity bodies, have supported the decision regarding filing of complaint against the SC judge.

    Interestingly, both the lawyers groups strongly supported Justice Qazi Faez Isa, when the SJC initiated the proceeding of misconduct against him on the insistence of “powerful circles”.

    Lawyers are divided as to whether the SJC can oust a judge on the basis of leaked audios. Several senior lawyers think that the contents of leaked audios would not be enough to oust a judge. They believe that this is a tactic to put pressure on one section of the judges who are giving relief to the PTI for the last couple of years.

    Only the chief justice of Pakistan, being the SJC chairman, can initiate the misconduct proceeding against a judge.

    In case, the CJP initiates the misconduct proceeding against the SC judge, then the composition of incumbent SJC will be crucial. Justice Isa and Justice Sardar Tariq Masood are also members of the council. Similarly, the chief justices of the Sindh High Court and the Lahore High Court are also members of the SJC.

    It is also learnt that the SC\’s written order regarding the restoration of the CCPO Lahore has yet to be issued.





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  • Attorney mounts defence of changes in NAO | The Express Tribune


    ISLAMABAD:

    The Supreme Court on Tuesday inquired how a citizen could challenge a law passed by parliament in the apex court while hearing a case pertaining to amendments in the National Accountability Ordinance (NAO).

    A three-member bench led by Chief Justice of Pakistan Umar Ata Bandial took up the petition filed by PTI Chairman and former premier Imran Khan against the amendments introduced by the incumbent government.

    Last year in July, the federal cabinet approved changes in the accountability laws, barring NAB from investigating corruption cases worth less than Rs500 million, defining the limit of a suspicious financial transaction while bounding the bureau to share the grounds of detention at the time of arrest, and empowering it to discharge or acquit accused at any stage.

    On Tuesday, counsel Makhdoom Ali Khan, representing the federal government, said that the petitioner would have to explain that certain people were affected by the amendments.

    He argued that the applicant would have to tell what flaws existed in the NAB amendments, adding that the “conduct” of the petitioner would also have to be seen.

    He asked how Imran could call himself the representative of the people over violation of fundamental rights.

    Justice Ijazul Ahsan remarked that the petitioner’s stance was that his party was the largest representative of the people in the country.

    Justice Mansoor Ali Shah said the court was not informed how the basic rights of people were affected by the NAB amendments.

    Counsel Makhdoom maintained that the NAO amendments discriminated against nobody.

    Justice Mansoor asked how the amendments affected the basic rights of people if they brought a difference to the governance system.

    He questioned how a citizen could challenge a law in the Supreme Court, which had been passed by parliament.

    “If parliament abolishes death sentence, can the apex court restore it on the petition of the victims?” the judge questioned.

    Makhdoom said that if petitions were brought before the court, defects would be observed in every law.

    “If there is any flaw in the legislation, parliament can rectify it,” he said.
    The counsel noted that 221 references were returned from 2019 till now because of the NAB amendments of which 29 pertained to the politicians.

    He added that 41 people were acquitted since 2019, which included five politicians.

    The lawyer noted that politicians were few among those who had benefitted or were acquitted because of amendments.

    The CJP remarked that the politicians who had benefited from the NAB amendments were few but were “popular”.

    Later, the hearing of the case was adjourned till Wednesday (today).





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