Pakistan Supreme Court updates

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Following Constitution is duty, not choice: CJ​

Top judge says decisions should be made as per the law and Constitution

Our Correspondent
May 07, 2023

Chief Justice of Pakistan Umar Ata Bandial on Sunday noted that if the Constitution mandated that elections should be held within 90 days after the dissolution of an assembly, then the Supreme Court would have no other option but to implement it.

“When it comes to constitutional enforcement we [SC judges] must not blink our eyes. If it says 90 days for holding the polls, it is our duty to say that and not our choice,” the top judge added while speaking at a conference named after the late CJP AR Cornelius held in Lahore on the issues faced by minorities.

The CJP's remarks come at a time when discussions among political parties are under way on the issue of simultaneous elections across the country, following an order by the top court to hold the elections in Punjab on May 14.

However, the government has repeatedly shown its reluctance to hold the polls. Instead, it has been urging to hold them later in the year.

Chief Justice Bandial remarked that the court had been informed that negotiations between political parties were under way for holding same-day elections across the country.

 

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Chaos ensues after Imran Khan's arrest​

• Top PTI leadership, including Shah Mahmood Qureshi, arrested in Islamabad arrested for ‘inciting violent protests’; 7 cases filed against them for ‘attacking Lahore Corps Commander’s House’
• SC hears Imran’s plea against arrest, orders he be brought to court
• At least eight killed across country in clashes between police, protesters
• Mobile internet, social media shutdown continues for 3rd day
• More than 1,600 miscreants arrested in Punjab for vandalism
• Zardari says Imran should face courts instead of running away

10 key points from the SC hearing so far​

• Supreme Court directs the NAB to produce PTI Chairman Imran Khan within an hour during a hearing of his plea against his arrest in the Al-Qadir Trust case.
• Security is beefed up outside the apex court, with contingents of the Rangers and bomb disposal squads called in.
• CJP emphasises importance of courts being accessible to everyone for relief and individuals feeling safe to approach them.
• Imran’s lawyer argues arrest was made without an investigation officer present and accused NAB of committing contempt of court.
• The court is looking at the manner in which the arrest was conducted and whether contempt had taken place.
• Imran’s lawyer claims arrest warrant dated May 1 was not in accordance with the law and questions why NAB did not try to arrest him itself for eight days.
• AGP states NAB is an independent institution and had requested Rangers to be present at the scene but not carry out the arrest.
• Justice Minallah expresses concern about NAB’s actions, accusing them of “political engineering” and “contributing to the country’s destruction”.
• Lawyers comment that the arrest from court’s premises is inconsistent with precedents laid down by the SC and express belief that the SC might set aside the High Court’s decision.

 

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SC pendency of cases rising for last three months

Top court’s suo motu proceedings over delay in polls in two provinces one of main reasons for increase

Hasnaat Malik
May 22, 2023

ISLAMABAD: The pendency of cases at the Supreme Court has slightly increased during the last three months.

The SC's suo motu proceedings over the delay in the elections to two provincial assemblies is one of the main reasons for the increase as it has adversely affected the functioning of the apex court.

On September 12 last year, Chief Justice of Pakistan Umar Ata Bandial had expected that with the continued efforts of fellow judges, the top court would lower the figure of pendency to around 45,000 cases in the next six months.

According to an SC statement issued on February 25 this year, the pendency of the cases in the apex court had reduced from 54,735 to 52,450 in a year.

However, the SC’s fortnight report revealed that a total of 53,195 cases were pending in the apex court until May 15.

Similarly, the number of decided cases has also decreased.

From May 1 to May 15, 1,068 new cases were instituted.

Of them, only 552 were decided.

Currently, 15 judges are working at the SC while two posts are vacant for the last eight to nine months.

The appointment is being delayed on account of differences among senior SC judges in connection with the nominations.

It has been witnessed that Justice Qazi Faez Isa case has severely affected the working of the apex court.

There are also serious differences among senior judges on fresh appointments as well as the removal of the previous ones.

The SC judges have divided into two camps of eight and seven.

Some judges were reluctant to sit on the same bench with particular colleagues.

Despite the differences among them, the total pendency was decreasing during CJP Bandial’s tenure.

Unlike his predecessor, he maintained discipline in the formation of benches until the month of February.

However, there was continuous criticism of the CJP for not including two senior judges in special or larger benches hearing politically sensitive cases.

In February, Justice Isa in his judicial order had noted that a case management committee of the SC was set up to give its opinion on how best to attend to the large number of cases which had accumulated.

The order further read that the committee had submitted its report on March 1, 2022.

“The [SC] Registrar informs us that the said Report was sent for the approval of the Hon'ble Chief Justice on 22 July 2022 and his lordship's approval is awaited," it added.

Besides, the CJP had initiated suo motu proceedings over the delay in announcement of date for holding the elections to Punjab and K-P assemblies in the month of February.

The proceedings in the elections matter is the main reason for the increase in the total pendency of cases.

Besides, Justice Isa is not part of any bench for the last couple of months.

It has been learnt that the CJP had sent a note about his availability for next week.

Justice Isa also responded to him in writing.

Summer vacation will start at the court from next month.

There is a unanimous view of the legal fraternity that the SC judges should end their differences and work for the betterment of the institution.

 

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Court won’t interfere in economic matters:​

Nasir Iqbal
June 6, 2023

ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial on Monday observed during hearing of a Jamaat-i-Islami petition challenging the 2005 privatisation of K-Electric that the Supreme Court would not interfere in economic policies of the country since the court lacks expertise on financial matters.

CJP Bandial asked senior counsel Rasheed A. Razvi and Salahuddin Ahmed representing Jamaat-i-Islami to approach the relevant high court if they wanted to.

The court asked the counsel to get fresh instructions and adjourned further proceedings for Tuesday since the bench will not be available next week.

Later, Salahuddin Ahmed told Dawn that the petitioner had sought a direction from the court either the privatisation of the electricity utility of Karachi be reversed or at least buyers of the entity be compelled to fulfil the commitment they had made at the time of the purchase of the power utility.

The petition said that the privatisation of the K-Electric had allegedly been done in a wrongful manner since it was sold at a steep discount and there were several procedural irregularities in the bidding process.

More importantly, the petition argued, even the commitments made by the buyers after the disinvestment of the entity, were not fulfilled.

To substantiate the claim, the petitioner said that the buyers had to invest $361 million in the infrastructure of the power utility, but they did not make the requisite investments.

 

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President approves Justice Qazi Faez Isa’s appointment as next chief justice​

Nadir Guramani
June 21, 2023

 

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Apex court gets 2nd female judge as Justice Mussarat Hilali takes oath​

Dawn.com | Haseeb Bhatti
July 7, 2023

Chief Justice of Pakistan Umar Ata Bandial (left) administered the oath to Justice Mussarat Hilali on Friday morning. — DawnNewsTV

The Supreme Court (SC) of Pakistan gained its second female judge on Friday as Justice Mussarat Hilali took oath.

Chief Justice Umar Ata Bandial administered the oath to Justice Hilali — who had been serving as the Peshawar High Court (PHC) chief justice — during a ceremony held at the ceremonial hall of the SC.

Attorney General for Pakistan Mansoor Usman Awan, senior judges and lawyers also attended the oath-taking ceremony.

After Justice Hilali’s elevation, the number of top court judges has increased to 16 out of a total sanctioned strength of 17.

On Wednesday, President Dr Arif Alvi had formally appointed Justice Hilali as an apex court judge. The development had come a day after the Parliamentary Committee on Judges’ Appointments gave the nod to the unanimous approval given by the Judicial Commission of Pakistan (JCP) on June 14 to elevate the PHC CJ to the apex court.

Last year in January, Justice Ayesha Malik had taken oath to become the first-ever female judge to reach the apex court.

Who is Justice Hilali?​

Justice Hilali was sworn in as the first woman chief justice of the PHC on April 1 after Justice Qaiser Rashid Khan retired from the post.

Following this development, she also became the second female judge to become the chief justice of a high court in Pakistan after Justice Tahira Safdar, the chief justice of the Balochistan High Court from September 2018 to October 2019.

Justice Hilali was born in Peshawar on Aug 8, 1961. She received her law degree from Khyber Law College, University of Peshawar, and was enrolled as an advocate of district courts in 1983. She was enrolled as an advocate of the high court in 1988 and that of the Supreme Court in 2006.

Justice Hilali has earned several distinctions in her career — first as a civil society activist and member of the bar and then her elevation to the bench. Known as an outspoken human rights activist, she remained office-bearer of the Human Rights Commission of Pakistan and also headed its KP chapter on different occasions.

Justice Hilali was an active member of the PHC Bar Association and served as its first female secretary, vice president and general secretary. She was also twice elected as an executive member of the Supreme Court Bar Association for 2007-8 and 2008-9.

She served as the first woman additional advocate general from November 2001 to March 2004 and as chairperson of the KP Environmental Protection Tribunal as well.

Justice Hilali was also the first provincial ombudsperson appointed in 2010 under the Protection against Harassment of Women at Workplace Act 2010. She was elevated to the bench as an additional judge on March 26, 2013, and was confirmed as a judge of the high court on March 13, 2014.

Additionally, Justice Hilali remained a focal member of the 2007 Lawyers’ Movement — started after a reference was filed against then-CJP Iftikhar Mohammad Chaudhry — during which she courageously stood alongside the rest of the male-majority legal fraternity.

During that movement, one of her legs got fractured when police raided her residence for arresting her.

 

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SC bench accepts lawyer’s ‘unconditional apology’ for hurling accusations against Justice Naqvi, Rizvi​

Advocate Kanrani withdraws his allegations against the judges; allegations were levelled during a hearing on Abdul Razzaq Shar murder case.

 

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SC dismisses ECP plea seeking review of Punjab polls order​

The ECP had challenged SC's April 4 order of holding polls to the Punjab Assembly on May 14; PTI to file contempt plea against election commission.

 

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SC verdict: Transfers, postings ‘executive’s domain’​

SC rules tribunals or courts can’t interfere in them

Hasnaat Malik
September 04, 2023

The SC has ruled that the interference of tribunals or courts in matters relating to postings or transfers was an encroachment on the executive’s domain.

"This court has already highlighted the scope of interference with the executive function of postings and transfers of government officials. It has been held that the transfer of a government official from one place or post to another to meet the exigencies of service was within the exclusive domain and competence of the competent authorities of the executive organ of the State and, ordinarily, it is not amenable to interference except in extraordinary circumstances,” read a three-page judgment authored by Justice Athar Minallah while setting aside the Balochistan Service Tribunal’s decision.

”This principle is subject to the condition that the terms and conditions of service are not adversely affected," it added.

According to the facts of the case as mentioned in SC's verdict, the controversy stems from the transfer order of the respondent, Dr Shamsullah Bazai, from the post of Loralai Medical College’s principal.

 

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SC orders weekly updates on cases filed, disposed of​

Nasir Iqbal
September 24, 2023

ISLAMABAD: The Supreme Court (SC) decided on Saturday that the number of cases filed each week and disposed of by the court will be issued regularly on a weekly basis.

In a statement, the top court said the decision to share weekly details of cases was taken to ensure transparency. Over the last week starting September 18 (Monday) and ending September 22 (Friday), at least 225 cases were lodged in the court. Out of them, 205, excluding civil miscellaneous applications (CMAs), were disposed of.

The court announcement recalled that during the meeting between Chief Justice Qazi Faez Isa and senior puisne judge Justice Sardar Tariq Masood with the elected representatives of the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) on Sept 20, the elected representatives had requested that the monthly proposed cause list be issued to enable the senior counsels, advocate on record (AOR), and the parties to fully prepare their cases and to attend the court.

Conceding to the request, the Supreme Court administration decided that every effort would be made to issue the proposed cause list in advance for four weeks falling within the month.

The meeting with the bar representatives was called by CJP to develop a mechanism and guidelines for case management, especially in light of the backlog of 57,000 cases.

The meeting had also considered suggestions that the petitions instituted under Article 184(3) of the constitution – the original jurisdiction of the Supreme Court on the enforcement of the fundamental rights – but it was decided that the outcome of the hearing by the full court that had taken up a set of challenges regarding the Supreme Court (Practice and Procedure) Act 2023 will determine the fate of such cases.

As a consequence of the meeting, the court administration issued the proposed cause list for the four weeks commencing Monday. The proposed cause list is available on the Supreme Court’s website.

Meanwhile, Justice Syed Mansoor Ali Shah is on a study tour to the United States until Oct 1, 2023 and will participate in the four-day Global Constitutionalism Seminar 2023 held at Yale University, New Haven, Connecticut, USA. Justice Shah will moderate one of the sessions on “equality and rights” as a discussion leader.

During his tour, he will be speaking at the Pardee School at the Boston University on Sept 25, regarding Pakistan’s developing jurisprudence and future law reforms.

He will also be teaching the comparative law class at Harvard Law School along with Prof Intisar Rabb of the Harvard Law School on comparative constitutionalism and Sharia law.

Justice Shah also intends to attend a workshop designed to explore a project regarding developing a portal for Pakistan with the most modern research facility in collaboration with Harvard Law School and the Supreme Court of Pakistan. Justice Shah will return to Pakistan on Oct 1, 2023.

 

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Intelligence Bureau approaches Supreme Court to withdraw plea against Faizabad verdict​

3-judge bench headed by CJP Qazi Faez Isa is set to take up the review petitions on Thursday.

 

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The Supreme Court has disposed of 257 cases (excluding CMAs) from September 25 to September 30 and instituted 204 new cases during this period.

In a statement on Saturday, the apex court noted that Chief Justice of Pakistan (CJP) Qazi Faez Isa and other judges of the top court remained committed to accelerate disposal of cases and diminish the backlog.

It further stated that the judiciary remained committed to provide relief to the litigants.

As Justice Qazi Faez Isa took as the chief justice of Pakistan (CJP), several challenges await him as it will be closely watched how he navigates issues such as holding general elections within 90 days, trials of civilians in military courts under the Army Act, and political parties' concerns about civil liberties.
He was sworn in as the 29th chief justice on September 17.

One of the major tasks is the hearing of a set of review petitions, challenging the top court’s verdict on Faizabad sit-in authored by CJP Isa on February 6, 2019.

The judgment had directed the country's intelligence agencies, including the ISI, IB, MI, and the army's media wing, the ISPR, not to exceed their constitutional mandate.The judgment specifically addressed the role of intelligence agencies during a 20-day sit-in organised by the TLP at the intersection of Rawalpindi and Islamabad in November 2017.

The TLP had initiated the protest in response to alleged changes made in lawmakers’ oath regarding the finality of prophethood, through the Elections Bill 2017. The protesters demanded the resignation of the then-law minister, Zahid Hamid.

Lately, the Ministry of Defence, PTI and the ECP submitted applications to withdraw their pleas. Similar applications had previously been filed by the IB and the Pemra.

The top judge expressed his curiosity about the withdrawal of the review petitions, suggesting that there might have been an order to file them.
Meanwhile, CJP Isa achieved a great deal as he took oath of the office – so much so that even his predecessor Justice Umar Ata Bandial could not accomplish during his entire tenure.

The top judge summoned a full court meeting and formed a full court on the very first day of this tenure.

Similarly, a full court was constituted to hear the petitions challenging the Supreme Court (Practice and Procedure) Act, 2023. CJP Isa also created the history by placing the suggestion in the full court about the live streaming of its proceedings. Perhaps CJP Isa is the first institution head, who himself offered to devolve his discretionary powers.

On CJP Isa's desire, it was decided that he would form benches in consultation with the two senior-most SC judges.

During the full court hearing, CJP Isa openly criticised the “misuse” of public interest jurisdiction under Article 184 (3) of the Constitution.

The most interesting part is that while heading the full court, Justice Isa questioned former CJP Iftikhar Muhammad Chaudhry's judgment in the Reko Diq case, wherein the country faced a $6.5 billion penalty.

The top judge along with senior puisne judge Justice Sardar Tariq Masood also held a meeting with the representatives of the Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) to discuss the apex court’s disposal rate.

After consulting with both the lawyers’ bodies, CJP Isa decided to issue a monthly proposed cause list. It has been learnt that CJP Isa had decided to implement the case management policy proposed by Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.

Last week, the top judge also held a meeting with all senior law officers to seek suggestions for improving the efficiency and working of the Supreme Court.

CJP Isa has appointed first female apex court registrar. Lawyers are also appreciating him for timely confirmation about their filing and adjournment of applications in the apex court.

 

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SC questions maintainability of Elahi's plea​

Asks how any court can issue a blanket ban on a particular persons arrest

Correspondent
October 05, 2023

The Supreme Court expressed displeasure at former Punjab chief minister Parvez Elahi's counsel on Thursday for insisting that the order of the Lahore High Court (LHC) barring his arrest be implemented in a case lodged by the Islamabad Police.

A division bench comprising Justice Mansoor Ali Shah and Justice Sardar Tariq Masood directed Elahi's counsel Barrister Latif Khosa to prepare arguments and adjourned the hearing till next week.

During the proceedings, the court questioned the maintainability of the plea and asked the counsel to explain how a high court could place a blanket ban on a certain person's arrest.

When Khosa pointed to harassment by the police referring to Elahi's arrest each time after acquiring bail, the bench questioned the jurisdiction of the LHC's order over authorities in the Islamabad Capital Territory and pointed out that the cases were separate.

Elahi, who is also a senior Pakistan Tehreek-e-Insaf (PTI) leader and a close aide of former premier Imran Khan, has been arrested multiple times since May 9 and remains embroiled in several criminal cases.

On July 14, a single bench of the LHC restrained law enforcement authorities from arresting Elahi in any new, blind or undisclosed case while granting him protective bail in two known cases.

However, Elahi was subsequently arrested by the National Accountability Bureau in a previously undisclosed case and then again by Islamabad authorities under another Maintenance of Public Order (MPO).

Elahi remains currently remains behind bars. He is due to be produced before an anti-terrorism court in Islamabad on October 13.

 

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SC forms six benches for next week​

Week will begin with apex court’s 15-member full court hearing the Practice and Procedure case

Correspondent
October 07, 2023

The Supreme Court of Pakistan.—PHOTO: FILE

ISLAMABAD: The Supreme Court has formed six benches for hearing cases from October 9 to 13.

On Monday, the apex court’s 15-member full court will hear the Practice and Procedure case.

According to the Express News, Chief Justice of Pakistan, Justice Faez Isa, will head a three-member bench to hear 50 cases from October 10 to 13.

Justice Sardar Tariq Masood will head a two-member bench to hear 120 cases in the upcoming judicial week.

Similarly, Justice Aijaz ul Ahsan will head a three-member bench to hear 50 cases, and Justice Mansoor Ali Shah will head a two-member bench to hear 50 cases.

A three-member bench, headed by Justice Yahya Afridi, will hear 50 cases, while Justice Jamal Khan Mandokhail will head a two-member bench to hear 40 cases next week.

 

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[H2]SC urged to regulate high court chief justices' power[/H2]
The Newspaper's
April 20, 2024

LAHORE: The Supreme Court has been requested to regulate the discretionary powers of all provincial high courts' chief justices to curb the alleged misuse of authority in the judiciary.

"The outgoing chief justices often misuse their discretionary powers like royalty," says a petition filed by a lawyer in the wake of alleged dozens of decisions made by Justice Muhammad Ameer Bhatti, the former chief justice of the Lahore High Court, during the last 30 days of his tenure.

The federal government, the Ministry of Law, and all provincial high courts through their registrars have been made respondents in the petition. Petitioner Mian Dawood says the former chief justice approved illegal increments for hundreds of employees of the LHC in the name of good performance.

He said from July 6, 2021, onwards, two illegal advance increments were given to the officials of the LHC. No chief justice has ever given such increments to the staff, including the registrar, for a period of over one year in judicial history, the lawyer claims. He pointed out that the former chief justice granted four-year paid educational leave to the reader (the court associate) of his court.

He said the reader's spouse, who is a senior civil judge, was also extended the same favor without any record of university enrollment or law department requisition. The petitioner alleged that over 50 notifications were issued in a day to end the penalties of as many employees of the LHC.
He argued that withdrawing any penalty under the discretionary powers is tantamount to disbanding the service tribunals established under the law.

He said that the former chief justice not only withdrew the penalties of two deputy registrars of the LHC but also granted them advance increments and promotions.

He said the former chief justice issued most of the notifications a day before his retirement on March 6. He said the discretionary powers should not be exercised by an individual (chief justice) rather administrative committees of the high courts be given the powers. He asked the apex court to regulate the discretionary powers of all high courts' chief justices and set aside the notifications issued by the former chief justice of the LHC by 'misusing' his discretion.

Published in Dawn, April 20th, 2024