Chief Justice Iftikhar Muhammad Chaudhry

Drug reaction suo moto notice hearing under way.

2012-01-31T13:36:00.001+05:00

ISLAMABAD: The Supreme Court began hearing suo moto notice of the deaths of more than 90 heart patients under treatment at the Punjab Institute of Cardiology (PIC), either from spurious drugs or due to wrong prescription of blood thinning and lipid lowering medicines.
Chief Justice Iftikhar Muhammad Chaudhry took notice of a note initiated by Justice Tassaduq Hussain Jillani and issued notices to the attorney general, Punjab advocate general, federal and provincial secretaries, DG FIA and IG Punjab. The CJ directed the office to register the note as a petition under Article 184(3) of the Constitution as prima facie it seemed that the provisions of Articles 9 and 14 of the Constitution had not been adhered to strictly.
The chief justice further directed that the case be listed before a bench, headed by Justice Tassaduq Hussain Jillani, today and issued notices to the Attorney General, the Advocate General Punjab, Secretaries Health of the Federal Government as well as government of Punjab, PPO Punjab and DG FIA to appear before the bench and file a reply before the petition.

link: http://www.thenews.com.pk/article-33307-Hearing-in-drug-reaction-case-underway

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ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Monday taking notice of death of more than 90 heart patients in Lahore has issued notices to Attorney General of Pakistan, Advocate General Punjab, Federal and Punjab Secretaries of Health, PPO Punjab and DG FIA to appear before the court and file reply and fixed it for hearing on January 31st.The Chief Justice took notice of the incident on a note initiated by Justice Tassaduq Hussain Jillani, judge of Supreme Court regarding the news of the death of more than 90 heart patients under treatment in the Punjab Institute of Cardiology (PIC) allegedly on account of either spurious drugs or wrong prescription of blood thinning and lipid lowering medicines.Taking notice, the Chief Justice directed the registrar office to register this note as petition under Article 184(3) of the Constitution, as prima facie it seems that provisions of Articles 9 and 14 of the Constitution have not been adhered to strictly.Justice Tassaduq Hussain Jillani in his note had intimated, ‘The news of the death of more than 90 heart patients under treatment in the Punjab Institute of Cardiology (PIC) allegedly on account of either spurious drugs or wrong prescription of Blood Thinning and Lipid Lowering medicines has been noted with immense shock and concern’.On 30-01-2012 there was a report in an English daily that apprehending arrest of doctors posted in the Punjab Institute of Cardiology (PIC), the Pakistan Medical Association (PMA) has, in protest, given a strike call and has given their own version of the tragedy i.e. that those involved in the purchase of spurious medicines and their clearance from the Drug Attesting Laboratory are free but the doctors are being victims of the penal action.In the same paper, there is a news that Pakistan Pharma Manufacturers Association (PPMA) has claimed that patients in Pakistan Institute of Cardiology (PIC) did not die due to the use of poisonous/substandard drugs but because of the wrong prescription of Blood Thinning and Lipid Lowering Medicines without due regard to the medical history of the patients concerned.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/national/31-Jan-2012/sc-takes-suo-moto-notice-of-pic-deaths

SC orders ISI, MI to produce 7 detainees on Feb 9.

2012-01-30T18:37:00.000+05:00

Islamabad: The Supreme Court of Pakistan has directed the lawyers of the army and intelligence agencies to produce the seven detainees in their custody on Feb 9, 2012. Out of the total 11 Adiyala Jail prisoners, who were picked up by the intelligence agencies when they were released from the prison after being acquitted by courts, four have been killed in mysterious circumstances.
A bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a case pertaining to 11 Adiyala jail prisoners, who went missing after being released from the jail after acquittal, but later the intelligence agencies admitted in the Supreme Court that they were in their custody, of which four have been killed recently in mysterious circumstances .
The CJ asked Raja Muhammad Irshad, counsel for Inter-Services Intelligence (ISI), and Military Intelligence to produce the detainees on Feb 9. The lawyer said four out of seven were admitted in a medical facility in Peshawar while three others were kept in an investigation center in Parachinar area.
“We don’t know….you took them away and you are responsible to bring them here,” the CJ remarked.
The counsel said the detainees were not in a condition to be brought here. Justice Khuilji Arif Hussain said four people were killed and their bodies were thrown out.
“Nobody is above law and Constitution. Constitution guarantees protection of life and property, ” the CJ observed.
The court also issued notices to Attorney General Pakistan and Advocate General Khyber Pakhtunkhwa.
The court also ordered that families of missing persons be allowed to meet their relatives.

link: http://www.thenewstribe.com/2012/01/30/sc-orders-isi-to-produce-7-missing-persons-on-feb-9/#.Tyem-MU_9js

Khurram Rasool produced before Supreme Court.

2012-01-27T11:57:00.000+05:00

Khurram Rasool, ex-media coordinator of PM Gilani was produced before Supreme Court today.
Khurram Rasool, ex-media coordinator of Prime Minister Yousuf Raza Gilani, who surrendered himself to FIA on Thursday, was produced in the Supreme Court on Friday.
Accountability Court had sentenced Khurram Rasool to three years in jail on Thursday in the banking fraud case.
Talking to the media Khurram said that he had been receiving life threats, therefore he went on missing. He said that his family was also facing threats and his children could not attend schools for one year.
Khurram Rasool said that he was forced to signed cheques. He showed confidence over judiciary and hoped justice.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjI0NjM=

Lawyers observe strike today country-wide.

2012-01-26T13:33:00.002+05:00

KARACHI: Lawyers' organizations would boycott the court proceedings while Shia Ulema Council would observe strike on Thursday over killing of three lawyers in Karachi.
Supreme Court Bar Association, Sindh Bar Council, Sindh High Court Bar and Karachi Bar Association among various other layers' groups announced to observe strike today.
Supreme Court Bar Association's President Yaseen Azad strongly condemned the killing of three lawyers and announced to boycott court proceedings on Thursday.
Meanwhile, Shia Ulema Council announced three-day mourning and to observe peaceful strike today.

link: http://www.geo.tv/GeoDetail.aspx?ID=32549

LHC rejects Khurram Rasool's protective bail plea.

2012-01-26T13:23:00.002+05:00

LAHORE: Lahore High Court (LHC) has rejected the protective bail petition of Khurram Rasool on his non-presence. He is the former media coordinator of Prime Minister and accused in Rs.710 million fraud case, Geo News reported.
Earlier, Khurram Rasool had moved to Lahore High Court (LHC) for protective bail. He approached LHC for bail in LPG fraud case.
Two-member bench of LHC heard the petition and summoned NAB officials.
The NAB officials informed the court that Khurram Rasool is involved in Rs710 million LPG fraud case.
The counsel of Khurram Rasool said his client feared security risk. He asked the court not to dismiss the bail plea as he would take it back.
On this, the court remarked that whether he took the petition back or not the court rejects the plea of protective bail.

link: http://www.geo.tv/GeoDetail.aspx?ID=32596

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LAHORE: Former media coordinator to the Prime Minister, Khurram Rasool has moved to Lahore High Court (LHC) for protection bail, Geo News reported.
Khurram Rasool approached LHC for bail in LPG fraud case.
Two-member bench of LHC will hear the petition of Khurram Rasool.
On Wednesday, the Supreme Court had ordered the FIA to arrest the prime minister's former media coordinator Khurram Rasool who is wanted in a multimillion rupee LPG scam. The apex court has ordered that Rasool be arrested by Jan 27.
During the proceedings, the CJ had remarked that if the allegations were proven right, then it would be the biggest crisis of the country as the prime minister and his secretaries were named in the case.

link: http://www.geo.tv/GeoDetail.aspx?ID=32577

LHC accepts petition against PIC medicine deaths.

2012-01-26T11:34:00.000+05:00

The Lahore High Court (LHC) has summoned Federal and Punjab health secretaries on January 30.
Justice Umar Atta Bandial of Lahore High Court started the hearing of a petition filed against death of 100 patients by the reaction of spurious medicines at the Punjab Institute of Cardiology (PIC).
The petitioner prayed that 100 people have died due to use of spurious medicines at the Punjab Institute of Cardiology (PIC) but the Punjab government has failed to identify the culprits and has not taken any action against pharmaceutical companies responsible for the manufacturing of theses medicines.
The court while accepting the application summoned Federal and Punjab health secretaries and DG FIA on January 30.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjIyNzU=

SHC summoned Police chief over killing of lawyers.

2012-01-25T22:29:00.000+05:00

The chief justice of the Sindh High Court (SHC) on Wednesday summoned the provincial police chief over the killing of lawyers in the city. Representatives of lawyers will also attend the meeting with the IG police today (Thursday).
Three lawyers — Badr Muneer, Kafeel Jaffery and Shakeel Jaffery, all relatives — were shot dead from a close range by unidentified men when they were returning home after completing their day’s work. So far, six lawyers have fallen prey to target killings in the city this year.
The chief justice also called an urgent meeting for January 28 to review the city’s law and order situation and the performance of the police and other law enforcement agencies.
A Supreme Court’s five-member bench, in a suo moto case on target killings in Karachi, had directed the Sindh government to constitute a committee, headed by the SHC chief justice and assisted by the chief secretary and heads of security agencies, to review measures taken by the law enforcers for curbing target killings.
Shamim Bano adds: The Karachi Bar Association (KBA) announced a province-wide strike against the killing of the three lawyers.
President KBA Mehmmod-ul-Hasan told The News that the province-wide strike had been called during which the lawyers might also march to the Chief Minister House to lodge their protest against the killing of their colleagues.
This was the third target killing attack invovlving lawyers in the current year, in which six lawyers have lost their lives. Among them, four were the members of the KBA, while two were associated with Maqbool-ur-Rehman advocate.
Mehmood-ul-Hasan told this scribe that a complete strike would be observed in all the five district courts of the city against the brutal murder of lawyers.
Former KBA president Naeem Qureshi said that Wednesday’s killings seemed to have been committed in retaliation, as two lawyers belonging to the Ahle Sunnat Wal Jamat were gunned down the other day.
The situation remained grim at the City Courts after the killing of the lawyers. Some of the KBA members took to the street facing the City Courts and raised slogans against the government for not providing security to their community.

Following is the timeline of lawyers murdered this year:
JANUARY 25: Badr Muneer was the uncle of Kafeel Jaffery and father of Shakeel Jaffery. All the three lawyers were shot dead inside their car by unidentified motorcyclists while they were proceeding to their home in the afternoon.
JANUARY 24: Two assistants of the slain Maqbool-ur-Rehamn advocate — Mohammad Ali alias Mama and Mohammad Noman — were shot dead while they were coming out of City Courts.
JANUARY 11: Maqbool-ur-Rehman advocate was shot dead near the Islamia College while he was proceeding home.
Last year: 15 lawyers were shot dead in the city, while five were killed in interior Sindh.

Some Shia organisations have announced a complete strike in the city today against the killing of three lawyers who belonged to their community.
The decision was taken at a meeting with Maulana Nazir Abbas Naqvi of the Majlis-e-Wahdat-e-Muslimeen in the chair on Wednesday. Other Shia organisations, including the Jafferia Alliance, the Millat-e-Jafferia and others endorsed the strike call.
The Shia leaders demanded the immediate arrest of the culprits or warned that they would stage sit-ins outside the chief minister and governor houses.
Condemning the incident, they held the Sindh government equally responsible as they believed that without being patronised by certain people, the Ahle-Sunnat Wal Jamat - the new name of the banned Sipah-e-Sahaba – could not function actively in the city.
For the last three months, they said Shia leaders were being targeted and yet the administration had taken no action against the criminals involved, they said, adding these killers were rather being allowed to roam freely in the city.
Meanwhile, the Pakistan Tehreek-e-Insaf and the Sunni Tehreek strongly condemned the incident and said the government must immediately resign.
Meanwhile, a severe traffic jam was witnessed in the Old City area after activists of the Ahle Sunnat Wal Jamaat (ASWJ) took to the streets in protest against the killing of their two legal advisers the other day.
The activists staged a sit-in and placed the bodies of the slain legal advisers on the ICI Bridge. They later dispersed peacefully after offering funeral prayers and after being assured by the authorities concerned that an FIR would be lodged against the culprits. The protesters had earlier planned to stage the sit-in outside the Chief Minister’s House.
All roads leading to the CM House were closed, causing massive gridlock on the adjoining arteries. The traffic chaos was also witnessed around the Gizri area and on Mai Kolachi Road, which also affected the adjacent arteries and roads in the DHA area.
Addressing the protesters, ASWJ spokesman Maulana Taj Hanafi said that their party activists were being targeted, but this time they would lodge a strong protest against the killings.

link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=89440&Cat=4&dt=1/26/2012

Attack on 4 Lawyers in Karachi, 3 killed and 1 injured.

2012-01-25T20:27:00.000+05:00

Karachi: Unknown motorcyclists shot three lawyers dead at Pakistan Chowk in Karachi on Wednesday. Four lawyers were on their way at Pakistan Chowk when un-known gunmen on two motorcycles opened fire at the car of the lawyers. As a result, three lawyers died on the spot while fourth sustained severe injuries and was rushed to the hospital. The slain lawyers were identified as Shakeel Jafferi, Kafeel Jafferi and Badar Munir.
Sindh Home Minister Manzoor Wasan condemned the killing of three lawyers in the city on Wednesday. The minister said that it was a very sorrowful incident. While talking with media, Wasan said that he has demanded immediate report of the incident from IG and CCPO. He said that the target killing incidents would be ended soon. Mansoor Wasan has ordered the suspension of SHO Aram Bagh, while Interior Minis-ter Rehman Malik has summoned a report from IG Sindh.
The attackers escaped from the scene after committing crime in open daylight. The lawyer community announced a countrywide strike on Thursday. An eyewitness said that there was crowed of people in the bazaar when the mishap occurred. After the incident, security men reached the spot and cordoned off the area. Home Minister said that he ordered the IG Sindh to arrest the killers within 24 hours. “It was a target killing incident, they all were lawyers. Two of them were father and son,” a police official said, adding that the dead bodies were shifted to civil hospi-tal Karachi for medico-legal formalities. The injured, Babar, was in critical state in the hospital.
Police and Rangers arrived at the scene soon after the incident and collected evidence from the site.
The Supreme Court Bar Association said they would protest against the killings by observing a countrywide boycott of court proceedings on Thursday. It is said that more than 1,000 people were killed in violence in Karachi last year, including more than 100 in one week alone in October. The police failed to act and only opened aerial firing after the attack had taken place. The police were also late in cordoning off the crime scene.
Eyewitnesses said that four motorcycle riders on two bikes were pursuing the law-yers’ car and ambushed the car while it was being parked. The gruesome act and the heavy firing had caused panic among the residents of the area. Governor Sindh Dr Ishrat ul Ebad vehemently condemned the incident. He directed the concerned officials for immediate arrest of those involved in the incident. The governor expressed solidarity with the lawyers’ and Shia community and assured them that every possible effort would be made to bring the accused to justice.
Meanwhile, leader of Muttahida Quami Movement (MQM) Altaf Hussain has strongly condemned the killing of three lawyers in Karachi as a result of firing of armed assailants. He expressed his grief and sorrow and said that the sudden killing of people belonging to various religious schools of thought was the outcome of a deep conspiracy.
Mr Hussain said that two persons belonging to a particular school of thought were targeted a few days ago and now people belonging to the Jafria school of thought have fallen prey to a brazen act of terrorism. He added that certain elements wanted to destroy the environment of sectarian harmony and brotherhood in the city by such vicious conspiracies.
Mr Hussain appealed to the Ulema of all the religious schools of thought and the public at large to understand the conspiracy to spoil peaceful environment in Karachi and the plot to kindle sectarian violence. He asked them to show patience on the incidents of terrorism, protect each other and foil the conspiracy to create sectarian tensions by remaining united.
He expressed sympathies with the lawyers’ community. He asked them to bear the loss with patience and restraint.

link: http://pakobserver.net/detailnews.asp?id=137223

SC orders action against 2 ex-DGs of FIA.

2012-01-25T12:18:00.001+05:00

The SC has ordered action against former principal secretary of PM, and two ex DGs of FIA.
Three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry conducted the hearing of a fraud case against Khuram Rasool, former media coordinator of the prime minister.
DG FIA Tehseen Anwar Shah was served a notice during last hearing to appear before the court but he was absent.
Rashid A Rizvi, counsel for petitioner Pervez Hassan, maintained the stance that the bank rejected the cheques given by Khurram Rasool. He said according to information, Khurram Rasool was arrested but he was later freed.
The Chief Justice inquired why Nargis Sethi registered complaints against Khurram Rasool?
Rasheed A Rizvi told the court that Nargis Sethi at that time was principal secretary of Prime Minister and Khurram Rasool was media coordinator of the PM.
The SC ruled that two former director generals of FIA Waseem Ahmad and Malik Iqbal and Principal Secretary of the Prime Minister Khushnood Lashari were involved in dely of Khurram Rasool’s arrest.
The court ruled that these three officers should be arrested or any other legal action should be taken against these three officers.
The Supreme Court ordered to present the report of action against Waseem Ahmad, Malik Iqbal and Khushnood Lashari and adjourned the hearing till Tuesday.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjE5Njg=

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ISLAMABAD: A three-member bench of the Supreme Court (SC) headed by Chief Justice (CJ) Iftikhar Mohammad Chaudhry resumed the hearing of Khurram Rasool fraud case on Wednesday, Geo News reported.
Khurram Rasool is the former media adviser to prime minister and an accused in a Rs630 million fraud case.
During today’s proceedings, the CJ remarked that if the allegations were proved right, then it would be the biggest crisis of the country as the prime minister and his secretaries were named in the case.
The CJ also questioned that how Nargis Sethi got the details of Khurram Rasool’s alleged fraud.
Chief Justice Iftikhar Chaudhry said that DG FIA was explicitly violating the court’s orders. He ordered to record the statements of the petitioner and Secretary Cabinet Division Nargis Sethi today by 1 pm.

link: http://www.geo.tv/GeoDetail.aspx?ID=32394

SC seeks explanation on prisoners’ killings.

2012-01-25T01:37:00.000+05:00

Supreme Court accepted an appeal for hearing and sought reply from officials over missing persons.
The Apex Court has also sought explanation from parties including ISI against killings of prisoners of Adyala Jail who were allegedly taken away by secret agencies.
It was said in the appeal moved by Tariq Asad Advocate that 11 persons released from Adyala Jail had been taken into custody by secret agencies out of whom four have died.
Three-member bench led by Chief Justice Iftikhar Muhammad Chaudhry remarked that the matter is very serious; how the casualties are possible in the custody of law enforcement institutions.
The Attorney General said that he has received the notice today, seeking time for explanation. The ISI Director Legal Commander Shahbaz also appeared in the court.
The court was adjourned till January 30.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjIyMTQ=

Memo commission summons Rehman Malik.

2012-01-24T13:25:00.000+05:00

The proceeding of judicial commission probing memo-gate scandal is underway at Islamabad high court.
Justice Qazi Faez Isa is preside over the meeting.
As the hearing started, the commission asked Akram Sheikh about his client’s whereabouts.
Akram told the court that the state machinery was sending threats to his client Mansoor Ijaz and we do not trust Rehman Malik.
Hussain Haggani’s lawyer Zahid Bukhari and Attorney General of Pakistan Maulvi Anwar-ul-Haq are also present in the meeting.
Justice Qazi Faez Isa remarked why the Prime Minister and the Interior Minister were issuing statements regarding Mansoor Ijaz.
The commission has summoned Rehman Malik and ordered to submit his explanation to the commission.
He further ruled if the government is not satisfied with the proceedings of the commission it may contact some other suitable forum. Justice Faez Isa said provision of security is main responsibility of the government.
If the commission issues an order that the military will provide security to Mansoor Ijaz then the government will be bound to follow the orders, he added.
Justice Qazi Faez Isa further said that the investigations are conducted across the world in a serious way but in our country it is sometimes considered as a joke.
The commission will also review the application of former Pakistan ambassador to the United States, Husain Haqqani in which he prayed that Mansoor ijaz right to record a statement before the commission should be abrogated after he (Mansoor) refused the visit Pakistan in this regard.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjE5MTA=

LHC moved over deaths due to PIC medicines.

2012-01-23T14:52:00.000+05:00

Deaths caused due reaction of substandard medicine supply in PIC was challenged in LHC.
Deaths caused due to reaction of sub standard medicines distributed by Punjab Institute of Cardiology were challenged in Lahore High Court (LHC) Monday.
The petitioner took the plea that the patients fell victim to medicines due to flawed strategy of the administration. He said over two dozens patients have so far lost their lives. "Therefore, a judicial commission to probe into the matter be constituted to fix responsibility and make recommendations for giving exemplary punishment to them".
The commission should also cancel licenses of the companies involved in selling fake medicines and issue orders for registration of cases against them, he prayed.
Officials say that 27 persons have died so far due to distribution of substandard and free medicines among the patients.
Over 45 patients are stated to be in precarious condition.
Later, the Punjab government sealed the pharmaceutical company that supplied spurious medicines medicines to Punjab Institute of Cardiology.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjE4MDE=

SC to hear Asghar Kan petition in Feb.

2012-01-23T11:52:00.002+05:00

ISLAMABAD: The Supreme Court (SC) has announced February 29 as possible date for Asfgar Khan case involving ISI distributing money among politicians, Geo News reported Monday.
In 1996 a human rights petition was filed by Air Marshal Asghar Khan (retd) in the Supreme Court of Pakistan (HRC 19/96) against the retired Chief Of Army Staff General Mirza Muhammad Aslam Beg, the former Inter Services Intelligence chief retired Lt-General Asad Durrani and Younis Habib of Habib and Mehran Banks, relating to the disbursement of public money and its misuse for political purposes.

link: http://www.geo.tv/GeoDetail.aspx?ID=32049

CJP warned sindh gov. on target killings.

2012-01-21T19:37:00.000+05:00

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has warned that he would not tolerate any violation of the orders of the apex court. “Any violation of the orders of Supreme Court would be taken seriously and would entail strict action.”
Taking notice of the killings of lawyers and other citizens in Sindh, CJ Iftikhar Muhammad Chaudhry assured the people of Karachi and Sindh that the judiciary would not leave them alone and would monitor the actions of the state apparatus.
Addressing members of the bar and bench after administering oath to the newly elected office bearers of the Karachi Bar Association here on Saturday, the chief justice especially referred to the target killing of lawyers in Karachi and said this was “really very frustrating.”
It is unfortunate if these incidents are ignored by the police. “Read our judgement in the suo motu proceedings on Karachi’s law and order situation, we have ordered Sindh’s administration to protect the lives of citizens at all costs,” he said.
He asked the chief justice of the Sindh High Court to summon the chief secretary, Sindh IG, Rangers DG and other officials in his chambers in the presence of members of the bar and look into the issue.
Terming the strength of the judges at Sindh High Court as “meagre”, the CJP asked the chief justice of the SHC to “initiate the process of appointment in consultation with the senior-most judges.”
He said that although SHC CJ Mushir Alam was cautious about appointing judges on merit and the ‘best of the best’, he should still move on with the process.
“Confer responsibility on a person, he will certainly respond by bringing [his] best,” he advised, citing an example while he was serving as the CJ of the Balochistan High Court.
“Select them from among the lawyers and district and sessions judges. A jewel shines only when it is crafted and becomes valuable,” he said.
He told the audience that he had a meeting with senior judges of the Supreme Court and Sindh High Court on the issue and hoped that in the next 15 to 20 days, the shortage of judges would end.

District judiciary
Referring to the problems of parking space, a lack of facilities at the city courts complex, the CJP hoped that the district and high court judges would solve the problems lawyers faced so that they could work for their clients with peace of mind.
He said that the district judiciary was the main pillar of the judicial system and should be given importance in view of its role in the dispensation of justice.
The judges of the district judiciary shall be given incentives and appreciated and should not be condemned for minor faults, he said, adding that if the district judiciary fails to provide the people justice, the entire system would collapse. “The district judiciary shall be strengthened to strengthen the system of the administration of justice,’ he said.
Speaking about the strike and disenchantment among the staff of the lower judiciary over a salary row with the provincial government, CJP said that this agitation was not good for litigants or the judiciary. He asked the Registrar of the Supreme Court to find out about the status of appeals filed by the government against the high court’s decision and said it would be decided on merit soon. Till then, the staff should reconsider its decision to strike two days a week on Fridays and Saturdays.
Responding to a problem raised by KBA President Mehmoodul Hasan about the inordinate delay in the enrolment of new lawyers, enabling them to acquire licenses to practice, making them eligible to compete for the appointment as judges, the CJP asked the SHC CJ to resolve the issue in a day or two in consultation with all senior judges of the SHC.
Hasan and KBA honorary secretary Khalid Mumtaz also addressed the gathering.

Deadlines and highlights
Sindh govt must protect citizens at all costs
SHC CJ to summon top officials in chambers on killings
SHC CJ to consult senior judges on selecting judges, resolution hoped in fortnight
Judicial staff should reconsider two-day strikes

link: http://tribune.com.pk/story/325228/target-killings-sc-will-monitor-govt-sindh-cj-warned-on-violence/

CJP ordered to release mentally challenged man of Karachi.

2012-01-21T19:29:00.000+05:00

KARACHI: Chief Justice Iftikhar Mohammad Chaudhry has ordered to release a mentally challenged man from Karachi’s Landhi jail on Saturday, Geo News reported.
Mentally hindered Bilal alias Bilawal was arrested 12 years ago on the charges of roaming around aimlessly and was imprisoned for 12 years.
Chief Justice took suo moto of the case and ordered to release Bilal on the request registered by his family.
Bilal, now aged 28, is the resident of Machar Colony.

link: http://www.thenews.com.pk/NewsDetail.aspx?ID=31831

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Supreme Court Chief Justice Iftikhar Muhammad Chaudhry took notice of illegal detention of a mentally unfit youth detained in Landhi Jail for 12 years.
The CJ who is on Karachi visit, ordered police to release the innocent youth Bilal alias Bilawal, a resident of Machar colony , now aged 28, when his family staged demonstration upon CJ’s arrival.
According to reports, police arrested Bilal on the charges of roaming around aimlessly and was imprisoned for 12 years.

link: http://www.thenewstribe.com/2012/01/21/mentally-unfit-man-released-from-jail-after-12-years-on-chief-justice-order/#.TxwdUKU_9js

Supreme Court works in its domain: CJP.

2012-01-21T19:24:00.000+05:00

KARACHI: Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry Saturday said the Supreme Court (SC) functions in its own constitutional domain.
Addressing in Lawyers’ role signing ceremony at Karachi Registry of Supreme Court, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry said that the Supreme Court has always worked with in the constitutional limits and it is the responsibility of lawyers and every citizen to protect the constitution and to obey the law.
The Chief Justice said it is unfortunate that it was the PCO judges that dealt a blow to the Constitution in past.
Commenting on the Lawyer Movement, the Chief Justice said the movement which lawyers set in motion in the wake of November 3 decision, is still in progress. He said that lawyers struggled for restoration of democracy and supremacy of constitution.
In the ceremony, twenty three lawyers were allowed to present in the Supreme Court which include one female lawyer and two lawyers from Balochistan.
‘We welcome the new lawyers. We have played our part of the innings; now, tomorrow belongs to you,’ he told the gathering of lawyers, adding anyone of them can become the Chief Justice of Pakistan in future.
Earlier, a meeting of building committee was held headed by the Chief Justice Iftikhar Muhammad Chaudhry in which, a briefing was given regarding judicial lockups and servant quarters.

links: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/karachi/21-Jan-2012/supreme-court-works-in-its-domain-cjp

Rulers used PCO judges for personal gains: CJP.

2012-01-21T18:43:00.000+05:00

KARACHI: Chief Justice Iftikhar Mohammad Chaudhry on Saturday said that PCO judges had been manipulated by rulers to perpetuate their personal interests, DawnNews reported.
Speaking to a gathering of lawyers on their enrollment with the apex court at its Karachi registry, he said judges, who took oath under the Provisional Constitutional Order, had been declared illegal.
Oaths taken by PCO judges had harmed the judiciary in the past as well, said Justice Chaudhry.
The chief justice said that the apex court had always worked under its constitutional boundaries.
In the past, rulers have made attempts to confiscate the Supreme Court’s constitutional position, the chief justice said, adding that the apex court had fulfilled its constitutional obligations by declaring the actions of Nov 3, 2007 illegal.

link: http://www.dawn.com/2012/01/21/rulers-used-pco-judges-for-personal-gains-cj.html

CJP chairs building committee meeting
Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry here on Saturday chaired the meeting of building committee and reviewed the pace of on-going development work including construction of judicial lock-up.The meeting, which was attended among other by Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Sarmad Jalal Usmani, Secretary Finance and Chief Engineer S.S. Farooq Kazi, also reviewed the construction and renovation work of servant quarters for SC employees.

link: http://app.com.pk/en_/index.php?option=com_content&task=view&id=175609&Itemid=2

Assurance sought against removal of Kayani, Pasha.

2012-01-21T12:32:00.001+05:00

ISLAMABAD: The Supreme Court asked the government on Friday to submit a written assurance on a petition filed in anticipation of a perceived move to sack Army Chief Gen Ashfaq Pervez Kayani and ISI Director General Lt-Gen Ahmad Shuja Pasha against the backdrop of the ‘memogate’ fiasco.
The order was issued by a three-judge bench headed by Chief Justice Iftikhar Muhammad Chaudhry when Attorney General Maulvi Anwarul Haq rubbished the claim and said the government had no plans to remove the two top military officers.
The bench adjourned for two weeks the hearing on the petition filed by Advocate F.K. Butt.
The petitioner requested the court to issue a restraining order and stop the government from taking any step to remove or retire the two officers till the pendency of the case. The army chief will retire on Nov 29, 2013, while the ISI chief will complete his extended term on March 19 this year.
The petition was filed after the sudden removal of defence secretary Lt-Gen (retd) Naeem Khalid Lodhi on Jan 11 on allegations of gross misconduct and illegal action and for creating misunderstanding between state institutions.
During the proceedings, the attorney general drew the court’s attention to a recent statement of Prime Minister Yousuf Raza Gilani rejecting a perception that the government was planning to remove the two military officers and expressed surprise that the petitioner was unaware of the statement.
He said the court should not rely on media reports, adding that the petition was based on speculations and not on facts.
The court asked the AG to seek instructions from the authorities concerned and said it would be better if such a statement was submitted in writing.
It reminded observers of a similar case when the Supreme Court had on Oct 15, 2010, issued a blunt restraining order after a midnight dramatic and feverish event on the basis of a media claim that the government might reverse the March 16, 2009, notification of reinstating superior court judges.
At that time too the government was asked to submit written assurances and was warned that any attempt to remove judges would mean committing treason under Article 6 of the Constitution. But the government did not submit any written statement.
F.K. Butt has named President Asif Ali Zardari, Prime Minister Gilani and secretaries of the cabinet, establishment and defence as respondents.
“Being apprehensive of an ultimate verdict against them likely to arise from the ongoing investigation into the memo scandal, the respondents have allegedly launched a campaign to blackmail and harass the army chief and ISI DG through their public statements continuously appearing in print and electronic media,” the petitioner said.
He said the respondents could not be allowed to implement their political ambitious plan through premature removal or retirement of the army officers who had a lawful right to complete their extended tenure in the interest of national security and sovereignty of the country.

link: http://www.dawn.com/2012/01/21/assurance-sought-against-removal-of-kayani-pasha.html

SC orders FIA to arrest Gilani’s ex media coordinator.

2012-01-20T12:30:00.000+05:00

Islamabad: The Supreme Court of Pakistan has directed the Federal Investigation Agency to arrest Khurram Rasool, ex media coordinator of Primr Minister Yousuf Raza Gilani.
“We know FIA chief doesn’t comply with court orders but we have granted very much time to him,” Chief Justice Iftikhar Muhammad Chaudhry remarked as the court resumed hearing into a fraud case against Khurram Rasool.
The CJ directed the FIA to arrest Rasool till January 24.
Rashid A. Rizvi, counsel for applicant Pervez Hassan, told the court that the accused had not been arrested despite the laps of 11 months while a man was arrested from Malaysia within three days because President Zardari wanted him to be arrested.
The CJ said action would be taken against the FIA chief, if tKurram Rasool was not arrested within the stipulated time.
The applicant had accused Rasool of taking kickback in LPG contract.

link: http://www.thenewstribe.com/2012/01/20/supreme-court-orders-fia-to-arrest-gilanis-ex-media-coordinator/#.TxpomKU_9js

Aitzaz Ahsan draws ire from ‘pro-judiciary’ lawyers.

2012-01-20T12:28:00.000+05:00

ISLAMABAD: An unpleasant scene was witnessed on Thursday when some pro-judiciary lawyers started chanting slogans against Aitzaz Ahsan, when he was addressing the media at the Supreme Court building. As he was talking to reporters, the lawyers, loyal to Chief Justice Iftikhar Muhammad Chaudhry, gathered there and chanted slogans. Meanwhile, senior lawyers condemned those who hooted against Aitzaz Ahsan and said these elements wanted to defame the judiciary. Renowned lawyer Tariq Mahmood said that it was a shameful act, which would damage the respect of lawyers. Talking to Daily Times, People’s Lawyers Forum President Raja Abdul Rehman said that in compliance with the direction of President Asif Ali Zardari, the PLF lawyers did not appear in the SC but one group of lawyers started chanting slogans against the government at SC building. He demanded the SC Registrar look into the matter to determine why the lawyers who were not members of Supreme Court Bar Association entered the SC building. It is to be noted that on the occasion, Aitzaz Ahsan said Justice Iftikhar was also his chief justice and those who were chanting slogans were his friends.

link: http://www.dailytimes.com.pk/default.asp?page=2012%5C01%5C20%5Cstory_20-1-2012_pg7_20

SC bars by-polls on existing voters’ list.

2012-01-19T20:27:00.000+05:00

The Supreme Court has barred ECP from holding by-elections on old voter lists.
During proceedings of the computerised voters lists case, the Supreme Court ruled that by-elections could not be held on the old lists as the Election Commission had itself admitted that 30 million votes were bogus.
The SC ordered that by-elections should be held on authentic voters lists and the Election Commission should ensure free and transparent polls.
The court adjourned the hearing of the case till February 6.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjExMjk=

Dead generals’ trial not possible: LHC.

2012-01-19T20:25:00.000+05:00

LHC Chief Justice said it is not possible to prosecute deceased generals.
A special writ petition was submitted in the court, demanding to declare treacherous the army generals who occupied government.
When the Chief Justice started hearing of the petition, the counsel for the petitioner said that army generals weakened the country for their vested interests; so they should be declared treacherous.
CJ Azmat Shaikh asked how is it possible to take action against generals who have passed away. The petitioner said that ex-president Musharraf is yet alive, he may be prosecuted.
The court said that case against Musharraf is under trial in Rawalpindi court.
After hearing arguments, the court put off the hearing of the case.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjExNzg=

Musharraf has delayed the decision to return.

2012-01-19T13:17:00.001+05:00

Pervez Musharraf has delayed the decision to return to Pakistan at the end of January.
According to the sources, former president Pervez Musharraf contacted his guarantors in Pakistan and abroad but none of them assured him any favour while the government also announced to arrest him on arrival.
His allies suggested him to delay the decision as the situation in Pakistan is not favourable for him, the sources added.
According to Musharraf’s All Pakistan Muslim League (APML) sources, the decision of former president Pervez Musharraf’s return has been delayed and no new date has been announced in this regard.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjExMDk=

SC puts off contempt hearing to Feb 1.

2012-01-19T12:17:00.001+05:00

PM Gilani appeared in the court to respond to contempt notice in NRO implementation case.
The Supreme Court has adjourned the contempt proceeding against the PM to February 1. The apex court has extended the deadline to submit answer in the case to February 1.
The court has also exempted the Prime Minister from appearing in the court in person. The counsel fot the PM aitzaz Ahsan will submit the answer on the February 1, 2012.
Earlier, Prime Minister Syed Yousuf Raza Gilani appeared before the Supreme Court to respond to contempt of court proceedings.
A seven-member larger bench of Supreme Court of Pakistan headed by Justice Nasir-ul-Mulk is hearing the contempt of court notice.
Prime Minister Syed Youuf Raza Gilani came on rostrum and presented his views before the bench. He said that he had not given any impression that would entail contempt of court.
The PM told the court that the president enjoys immunity from prosecution in the 18th Amendment that’s why the letter was not written to the Swiss authorities.
"I have come today to show my respect to this court," Yousuf Raza Gilani told the Supreme Court in a statement. "It will not give a good message to proceed against a president who is elected by a two-thirds majority."
"There is complete immunity for head of states everywhere," he said.
"I have discussed this with my friends and experts, and they all agree that he has got complete immunity," Gilani added.
The PM said he spent six years in prison and was never reluctant to appear before the court which shows that he always respected the court. He said Zulfiqar Ali Bhutto, Nusrat Bhutto and Benazir Bhutto also appeared before the courts.
Gilani’s counsel Aitzaz Ahsan appeared before the bench and reiterated his stance that the president has immunity. The court replied saying that it has been asking the government since 2009 to act upon the case, but no one has come in all these years to talk about president’s immunity.
Ahsan added that the government should have written the letter to the Swiss authorities.
Aitzaz Ahsan said that one paragraph of the NRO verdict was related to the president, however, the Constitution gives him immunity and the court should see the Constitution’s restrictions in his case.
Justice Asif Saeed Khosa inquired whether the government will write the letter or not, but Ahsan said that an inquiry can be held against President Asif Ali Zardari only when he is not the president.
Ahsan added that the Constitution gives immunity to the post of the president and not to Asif Ali Zardari in particular.
Justice Sarmad also inquired why the government has not been writing the letter since two years.
It is only the second time that the court has initiated contempt proceedings against a sitting prime minister.
The heads of the coalition partners, including PML-Q President Chaudhry Shujaat Hussain, Senior Federal Minister Chaudhry Pervaiz Elahi, ANP chief Asfandyar Wali Khan, MQM parliamentary leader Dr Farooq Sattar, Fata parliamentary leader Munir Khan Orakzai, Sindh Chief Minister Syed Qaim Ali Shah, Punjab Governor Sardar Latif Khosa, Khyber-Paktunkhwa Governor Barrister Masood Kosar, cabinet members and senior PPP leaders is accompanying Prime Minister Gilani.
The Supreme Court had summoned Gilani to explain his refusal to ask Switzerland to re-open graft cases against President Asif Ali Zardari. Aitzaz Ahsan will defend the Prime Minister in the case.
On this ocassion security had been tightened in the Supreme Court. Additional CCTV cameras had been installed in the courtrooms as well as at public entry gates of the apex court. Special passes had been issued to the parties to the case and Prime Minister’s legal team.
Later, the the PM left the courtroom as the court adjourned the hearing till Feb 1. The PPP lawyers and workers received the PM and chanted slogans in favour of him and Pakistan People s Party outside the Supreme Court building.
Talking to media outside the Supreme Court after the hearing, Aitzaz Ahsan said that it was a big day for the law, Constitution and the judiciary of the country that the counrty’s prime minister came to the court himself.
“This indicates the majesty of the law and the majesty of the Supremre Court,” he added.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjEwNjk=

CJP Receives PETA Award for Banning Manja.

2012-01-19T12:14:00.000+05:00

INDIA: The chief justice of Pakistan, Iftikhar Muhammed Chaudhry is being sent an award by People for the Ethical Treatment of Animals (PETA) India for banning cruel manja kite string in the Punjab province of Pakistan. PETA India has been working towards banning the use of metal and glass-coated manja across India. Now, PETA India is recognising Chaudhry's landmark decision by honouring him with PETA's Hero to Animals Award.
In reaching his decision, Chaudhry cited the Pakistani constitution, which guarantees protection to life and property, and manja was taking away that right. Although glass-coated kite string is banned in parts of India, such as Mumbai and Gujarat, it is sold and used widely – including in places in which it is banned.
"Flying kites with manja may be entertaining for some people, but it is definitely not fun for families who lose their loved ones or for birds whose wings are cut off", says PETA India's Campaigner Bhuvaneshwari Gupta. "By banning manja in the Punjab province of Pakistan, Chief Justice Chaudhry has taken direct action to save lives – and now India must do the same."
The manja used in kite-flying competitions is gummed and coated with powdered and finely crushed or metal glass. This makes it deadly for thousands of pigeons, crows, owls, kites and other birds who get slashed, wounded or killed when they become entangled in the manja. According to news reports, during Makar Sankranti in India in 2011, 23 pigeons were killed by manja and as many as 167 injured birds were rescued by animal welfare activist. Injuries included fractures, wing cuts and nerve damage. Also injured were two parrots, an eagle and a cat.
Manja also takes a terrible human toll. In one incident in the city of Mumbai in India, stray manja nearly cut a child's throat, and a resident was hospitalised after his neck was slashed by manja while he was riding a scooter. In another incident, a teacher died after his throat was cut by manja. And three people were decapitated by manja during one Makar Sankranti.

link: http://www.economistan.com/?data_id=363

Musharraf will be arrested, Senate assured.

2012-01-19T12:13:00.000+05:00

ISLAMABAD: Interior Minister Rehman Malik assured Senate on Wednesday that former president Pervez Musharraf would be arrested upon his return to Pakistan.
“I assure this house that if he lands in Pakistan, he will be arrested because he is a proclaimed offender in the Benazir Bhutto murder case,” the minister said.
The interior minister’s assurance comes a day after Senator Raza Rabbani submitted a 10-point charge sheet in Senate, calling for the former dictator’s arrest.
Malik said the Pakistan Peoples Party-led government never said that it would not take action against Musharraf, and added that while it is the responsibility of the federal government to give an order for registering a case against Musharraf, it is important for someone to register a complaint in this regard.
The minister also said that Chief Justice Iftikhar Muhammad Chaudhry should take suo moto notice of the non-constitutional steps taken by the former dictator on November 3, 2007 when he imposed emergency, in clear violation of the Constitution.
He also said that the government had already started the process of issuing a ‘red warrant’ to bring Musharraf back through Interpol.
“A committee should be set up to discuss the complaints against Musharraf,” Malik added.
Senator Rabbani, meanwhile, said that Musharraf was a Pakistani national and should be treated according to law of the land.
The PPP senator said it was alarming that the former president was trying to make the US issue statements in his favour for his return to Pakistan.
Rabbani warned the US against interfering in internal matter of the country and further demanded the government to charge Musharraf under article 6, upon his arrival. “Pakistan will never accept the intervention of the US over Musharraf,” he added.
Leader of the Opposition Abdul Ghafoor Haideri said the JUI-F will support the government if it takes action against Musharraf, who, he said, killed innocent students of Jamia Hafsa.
ANP Senator Hasil Bizenjo alleged that Musharraf was responsible for missing persons across the country, adding that he was the one who started the Balochistan operation during his tenure.
ANP Senator Zahid Khan said that Musharraf was responsible for the present situation of the country as he ‘introduced’ the war against terrorism.
Later, Senate Deputy Chairman Mir Jan Muhammad Jamali asked Senators including Mir Hasil Bizenjo, Zafar Ali Shah, Raza Rabbani and Rehman Malik to sit together to prepare the complaint to register a case against Musharraf under article 6 of the Constitution.
Addressing a political rally on January 8 in Karachi, Musharraf promised his arrival in Pakistan between January 27 and January 30 to take part in the general elections, which are now extensively being anticipated later this year.
Meanwhile, Wednesday’s proceedings condemned the murder of journalist Mukaram Khan Atif, who was killed in Charsadda on Wednesday, and offered prayers for the departed soul.
Earlier, journalists staged a walkout from the House in protest against the brutal killing of the journalist and demanded a probe into the case. The House assured that the issue will be properly pursued.

link: http://tribune.com.pk/story/323922/musharraf-will-be-arrested-senate-assured/

Fully charged Lawyers express solidarity with CJP.

2012-01-19T10:19:00.000+05:00

Supreme Court Thursday witnessed a milestone achieved on the appearance of Prime Minister Syed Yousuf Raza Gilani before a seven-member apex court bench in contempt notice. Meantime, lawyers were seen fully charged expressing solidarity with the judiciary and raising slogans in favor of the Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry. Earlier, the PM Gilani showed up at the court in accompaniment of ministers and advisers; however, they were received with the slogans for the court.
Talking to media on the occasion, Justice (rtd.) Tariq Mehmood said it is not appropriate attitude to pressure the courts. Various representatives from different Bar Associations said they will not allow any compromise on the independence of the judiciary.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/islamabad/19-Jan-2012/fully-charged-lawyers-express-solidarity-with-cjp

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Lawyers take principled stance in SC premises
A group of lawyers raised anti-Government slogans and criticized Barrister Aitzaz Ahsan when he was talking to media after defending the case of Prime Minister Syed Yusuf Raza Gilani in the Supreme Court on Thursday. They were disappointed over the conduct of the man who, once upon a time, played a leading role in the movement for independence of the judiciary and was considered to be a close confidant of the (deposed) Chief Justice Iftikhar Muhammad Chaudhary.
There are no two opinions that Aitzaz Ahsan spearheaded the movement for restoration of the judges and earned immense respectability as his stance was clearly different from the declared policy and actions of the ruling party to which he belonged. But now he is a totally changed man as he has taken a 180-degree turn on the issue of Swiss accounts of President Asif Ali Zardari and writing of the letter by the Government to the Swiss authorities for reopening of the cases. Electronic media repeatedly ran a clip in which Aitzaz Ahsan said on 24th May 2010 without mincing words that writing of the letter was binding on the Government of Pakistan and the letter written by former Attorney-General Malik Abdul Qayyum should be withdrawn. He also added that now that the apex court has given directives on the issue, there is no escape for the Government but to obey and write the letter. It is because of this change of heart that Aitzaz attracted ire of a group of lawyers for his unprincipled approach. This group of lawyers, which was in fact representing sentiments and views of the majority of the legal fraternity and people of Pakistan, was not against any individual or favouring any person but was only protesting against timeserving approach of Aitzaz. Though the Barrister claimed that the views he expressed about writing of letter to the Swiss Government in the past were his personal opinion and what he said in the apex court on Thursday was in line with the directions of his client but one doesn’t expect a person of the stature of Aitzaz to go against dictates of the conscience. This typical behaviour of proving day as night and write as black for the sake of justifying the fee and protecting the client at all costs is poisonous for the rule of law and dispensation of justice. As for lawyers, who protested against Aitzaz, they were with the judiciary in the past and are expressing solidarity with it once again.

link: http://pakobserver.net/detailnews.asp?id=136463

CJP convenes Judicial Commission meeting.

2012-01-18T20:20:00.000+05:00

CJP Iftikhar Muhammad Chaudhry convened Judicial Commission meeting for regularisation of add judges
Law Minister Maula Bakhsh Chandio, Attorney General Moulvi Anwar ul Haq, member judges of the commission and other members will attend the meeting.
It is being hoped that commission will work out recommendations in connection with regularization of 4 additional judges each of Lahore High Court and Sindh High Court which will be sent to parliamentary committee for approval.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjEwMTk=

SC orders NAB to return Sharif family assets.

2012-01-18T13:50:00.002+05:00

The Supreme Court rejected the appeal and ordered NAB to return assets of Shrif brothers.
The Supreme Court of Pakistan Wednesday rejected NAB’s appeal regarding recovery of assets of Sharif brothers.
The SC said that NAB cannot confiscate assets of Sharif family under any law. Chief Justice Iftikhar Muhammad Chaudhry, while hearing the case, stated that he will not only accept the NAB’s submitted papers.
A three-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing appeals filed by National Accountability Bureau (NAB) against Sharif family on Wednesday.
The cases related to Hudabiya Paper Mills, Hamza Spinning Mills, Ramzan Sugar Mills and others including confiscation of property.
The stay order given by the Lahore High Court in the case was challenged in the Supreme Court. Punjab Chief Minister Shahbaz Sharif has also been made party in the appeals.
Akram Shaikh Advocate appeared on behalf of Sharif family in the case. Following the strong admonishment by the Supreme Court earlier this month, NAB has sprung into action on the cases reopened after the scraping of National Reconciliation Ordinance (NRO) by the apex court.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA5MzU=

Aitzaz says President enjoys immunity while in office.

2012-01-18T12:17:00.000+05:00

Aitzaz Ahsan has said President Zardari enjoys immunity in Pakistan and Switzerland as well.
PPP leader and counsel for the PM in contempt case against Gilani, Eitzaz Ahsan has said contempt of court could not be applied in NRO implementation case.
He said accountability courts have also accepted that the president has got the immunity. If the Swiss government doesn’t proceed even after the writing of the letter, it will undermine the Supreme Court which he does not want, said Aitzaz.
He also pointed out writing or not writing letter to the Swiss court was the something. If the decision comes against us, we will go for review petition”, he added.
Cases can be pursued after President Asif Ali Zardari is out of the office, he opined.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA5MjM=

SC to resume Pak Railways irregularities case today.

2012-01-18T12:08:00.000+05:00

ISLAMABAD: Supreme Court of Pakistan will resume Suo Moto cases against irregularities and non payment of salaries to the workers of Pakistan Railways today (Thursday).
Three-member ench of apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussian and Justice Tariq Pervez would hear the suo moto notice case.
Court has issue notices to Chairman Pakistan Railways, Attorney General for Pakistan Maulvi Anwar-ul-Haq and other concerned authorities.

link: http://www.sananews.net/english/2012/01/sc-to-resume-pak-railways-irregularities-case-today/

IHC seeks federation’s reply over dismissal of Lodhi.

2012-01-18T12:00:00.000+05:00

IHC has sought reply from the federation over the dismissal of former defence secretary.
According to Dunya News, the Islamabad High Court has issued notices to all the respondents including President, PM, Secretary Establishment Division and Secretary Cabinet.
It is worth mentioning that former defence secretary Khalid Naeem Lodhi had filed a petition in Islamabad High Court challenging his removal and prayed the court to cancel notice of his dismissal.
The hearing of the case has been adjourned till February 2.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA5MTM=

Haqqani’s review plea hearing put off.

2012-01-18T11:47:00.000+05:00

ISLAMABAD: The Supreme Court put off on Tuesday the hearing of a review petition of former ambassador to US Husain Haqqani whose counsel sought time to study the detailed judgment recently released by the court in the memo case. Firebrand lawyer Asma Jehangir who had defended the former ambassador after petitions were filed by PML-N chief Nawaz Sharif and others about the alleged secret memo sent to the-then US military chief told the court that she needed time to carefully study the detailed judgment.
A nine-judge bench headed by Chief Justice Iftikhar Mohammad Chaudhry granted the request and also issued notice to Attorney General Maulvi Anwarul Haq on a miscellaneous application filed by one Shahid Orakzai.
Mr Orakzai has challenged the formation of the judicial commission to investigate the memo scandal.
In his review petition, Mr Haqqani has argued that the Supreme Court had no authority to order any high court judge to form a commission and carry out investigations because the latter is an independent institution.
He argued that the high courts were not subordinate to the SC and, therefore, the apex court had made an error by applying the principles of Civil Procedure Code to a probe that on face of it was of a criminal nature.
Thus the Dec 30 order had denied the applicant his fundamental rights under Articles 13 and 10A of the Constitution that ensured protection against double punishment and a right to fair trial, he said.

link:http://www.dawn.com/2012/01/18/haqqanis-review-plea-hearing-put-off.html

Aitzaz to represent PM in contempt proceedings.

2012-01-17T20:11:00.002+05:00

Chaudhry Aitzaz Ahsan has been appointed counsel for Prime Minister in contempt of court case.
Senior PPP leader and former President Supreme Court Bar Aitzaz Ahsan will appear in Supreme Court with the Prime Minister Syed Yousaf Raza Gilani as his counsel on Monday in contempt of court case, Dunya News reported.
The Supreme Court issued contempt notice against PM Gilani on Monday for not implementing SC orders in NRO implementation case and asked the prime minister to appear before the court on January 19 in person.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA3Nzg=

SC suspends Babar’s licence temporarily.

2012-01-17T13:08:00.000+05:00

The Supreme court of Pakistan has temporarily suspends Babar Awan’s licence.
An 11-member bench of the Supreme Court headed by Chief justice of Pakistan Iftikhar Muhammad Chaudhry resumed the hearing of the Bhuttoo reference case.
The counsel for the government, Babar Awan requested the court to give him time to submit his reply regarding the contempt notice served to him.
The court observed that no one would be allowed to ridicule the courts.
Babar said that he respects the court.
The apex court rejected Babar’s stance and suspended his licence on temporary basis. The court also ordered the government to appoint a new counsel to pursue Bhutto reference case.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA3MzI=

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ISLAMABAD: The Supreme Court on Tuesday temporarily suspended the licence of former minister Babar Awan for not submitting a reply in the contempt case against him, DawnNews reported.
An 11-judge bench of the apex court headed by the Chief Justice Iftikhar Mohammad Chaudhry heard the case.
Awan’s request for more time to file the reply was rejected by the court.
During the hearing, Awan said he respected the court but would also defend himself.
The Supreme Court was of the view that 15 days had been granted to Awan and that the time was enough to file a reply.
Chief justice Iftikhar asked Awan if he was given a contempt of court notice by the Lahore High Court earlier.
On which, Justice Saqib Nisar reminded Awan that he was given the notice by a bench of the court headed by him and that the notice was rescinded once Awan requested for pardon.
Moreover, the court directed that a new lawyer be assigned in the Bhutto reference case.
The court also directed the authorities to inform President Asif Ali Zardari regarding the suspension of Awan’s licence and added that the hearing of the reference case would resume after a new lawyer was appointed.

link: http://www.dawn.com/2012/01/17/sc-suspends-awans-licence.html

SC seeks last three months’ intel on Balochistan.

2012-01-17T11:52:00.000+05:00

ISLAMABAD - Rejecting a report on the worsening law and order in Balochistan, the Supreme Court on Monday directed the Balochistan advocate general to submit the last three months’ reports of the Intelligence Bureau (IB), Criminal Investigation Department (CID) and Daily Secret Reports (DSRs) of the special branch. A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry, Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing a petition filed by Hadi Shakeel, president of Balochistan High Court Bar Association, against the deteriorating law and order in the province.
While rejecting the report submitted by the provincial government, the chief justice directed the Balochistan AG Amnauulah Kunrani to submit the last three months’ reports of the IB, CID and DSRs, as they were under his government.
“If we then think appropriate, we would get the reports from the ISI also,” the chief justice added. Kunrani submitted before the court that situation in Quetta was not as bad as Karachi and all the incidents that occurred in Quetta were individual and the city had never been closed due to such incidents. Justice Khilji Arif Hussain observed that Karachi was a cosmopolitan city having a population of over 20 million and people living in Karachi could move around easily, while in Quetta no one could move around alone. He observed that people residing in Quetta were scared and no one was taking care of the issue. “Balochistan is the soul of Pakistan and no one can live without its soul,” Justice Khilji Arif Hussain added.
SC resumes hearing of ZAB reference today
An 11-member Supreme Court (SC) larger bench headed by CJP Iftikhar Chaudhry will resume hearing of the Zulfikar Ali Bhutto reference today (Tuesday). Senator Dr Babar Awan will appear as the federation’s counsel. Ahmed Raza Kasuri, on whose complaint a murder case was registered against Bhutto, will also appear on notice. The notice was issued to Kasuri with Awan’s and amicus curiae’s consent. Kasuri had already submitted his reply asking the court not to revisit the case.

link: http://www.pakistantoday.com.pk/2012/01/sc-seeks-last-three-months%E2%80%99-intel-on-balochistan/

AG put on notice over Memo commission.

2012-01-17T11:51:00.000+05:00

ISLAMABAD: The Supreme Court on Tuesday issued notice to Attorney General for Pakistan Molvi Anwarul Haq for assistance on a civil miscellaneous application seeking its intervention to stay proceedings of the Judicial Commission, currently given mandate to probe the memo issue.The civil miscellaneous application was filed by Shahid Orakzai.A nine-member special larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry issued notice and adjourned the hearing of the case to a date in office.
The same bench also put off hearing of a review plea moved by Hussain Haqqani, former Pakistan ambassador to US, on pending issue of memo, through his counsel Asma Jahangir.
She appeared and stated that she required time to go through a detailed order of the bench over the memo issue.
She said that she had not received the certified copy of the order yet.The bench accepted her request and adjourned hearing till date in office telling her to apprise the Registrar office about fixation of hearing at a date suitable to her.
Shahid Orakzai, in his plea, had maintained that the Inquiry Commission had also issued a notice, besides others, to the petitioner, namely Muhammad Nawaz Sharif and those petitioners who were all from his (Nawaz) party.
Nawaz Sharif is a leader of the second largest party in the National Assembly as well as the leader of the ruling party in the province of Punjab, and unless immediately restrained, the Commission was likely to give a political tint to its proceedings, the applicant claimed.
In his application, the petitioner had also raised some constitutional objections stating that Chief Justice of Balochistan Justice Qazi Faez Isa and Chief Justice of Sindh High Court Justice Mushir Alam were engaged in the judicial commission that was out of territorial jurisdiction of the respective High Courts.
Orakzai had also mentioned to some other provisions regarding the case and to validate the revelations in his petition.

link: http://app.com.pk/en_/index.php?option=com_content&task=view&id=175195&Itemid=2

SC rejects Balochistan chief secretary’s report.

2012-01-17T08:30:00.000+05:00

'Worsening law and order situation, Court orders AG to submit report from IB, CID by 20th, AG says situation in Quetta 'not as bad as in Karachi''
ISLAMABAD: The Supreme Court (BHC) on Monday rejected a report filed by the Balochistan chief secretary on the security situation in the province.
A three-member SC bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, also directed the Balochistan advocate general (AG) to submit on January 20 reports from the Intelligence Bureau (IB) and CID on the law and order situation in Balochistan in the last three months.
“No one can live without a soul ... and Balochistan is the soul of Pakistan,” the court said while hearing a petition by Balochistan High Court Bar Association President Hadi Shakeel Ahmed on the deteriorating security situation in the province.
As the hearing resumed, AG Amanullah Kunrani submitted a report on behalf of the chief secretary of Balochistan. But the court said the report was “not satisfactory” because no steps had been taken to improve the security situation.
The court directed the AG to submit reports from the IB and CID, adding, “We will also seek a report from the ISI, if need be.”
Kunrani told the court that the situation in Quetta “is not as bad as in Karachi”. Justice Khilji Arif Hussain, however, said Karachi was a cosmopolitan city having a population of 20 million people. He said the people of Karachi could move around freely but in Quetta “no one can move alone”. “The people of Quetta are scared [of the poor security situation],” the judge said.
Chief Justice Chaudhry said how could law and order be maintained when the provincial government was not serious to improve the situation. “We don’t want to say anything on our own as there is a constitution which determines duties of the institutions,” the chief justice said.
The court adjourned the case till January 20.

link: http://www.dailytimes.com.pk/default.asp?page=2012%5C01%5C17%5Cstory_17-1-2012_pg7_5

SC seeks details of CDA plot allotment.

2012-01-16T20:24:00.004+05:00

The Supreme Court of Pakistan on Monday sought a detailed report from the Capital Development Authority (CDA) on allotment of plots to its employees in Islamabad’s every sector.
A three-member bench of the apex court, head by Chief Justice Iftikhar Muhammad Chaudhry, heard a petition seeking cancelation of allotment of 4000 plots to CDA employees.
In his remarks, the CJP said: “The allotment is illegal. It was national wealth but the plots were given on throwaway prices through a loot sale.”
The CDA officials contended before the court that the employees were allotted 20 percent quota under government’s land policy of 1993. To which the CJP said “no such policy exists. Show it if it’s really so,” adding that the CDA should refer the issue to the Parliament for promulgation of a new law on plots’ allotment.
The apex court ordered CDA to submit a detailed report on plots’ allotment, before adjourning the case till Jan 23.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/islamabad/16-Jan-2012/sc-seeks-details-of-cda-plot-allotment

PM Gilani agrees to appear in SC on 19.

2012-01-16T20:02:00.000+05:00

PM Gilani would appear in the Supreme Court to express his stance over NRO and other cases.
In this regard, a special meeting of coalition parties was held in Islamabad in which it was decided that
PM Gilani would appear in the Supreme Court to express his stance over NRO and other cases.
Supreme Court ramped up the pressure on the beleaguered government Monday, beginning contempt proceedings against the prime minister for failing to carry out its order to reopen a corruption case against the president.
The leaders of allied parties would also appear in the court along with Prime Minister.
A special meeting of the Parliamentary Committee of the coalition partners of the government was held in Islamabad presided by Prime Minister Syed Yusuf Raza Gilani and the heads of parliamentary parties and groups.
The issue like pro-govt resolution in the National Assembly, memogate and NRO case were also included in the agenda of the meeting.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA2MDA=

Hearing of Naeem Lodhi removal case adjourned.

2012-01-16T13:18:00.000+05:00

The Lahore High Court has adjourned the hearing of Naeem Lodhi removal case till Jan 18.
LHC Chief Justice Sheikh Azmat Saeed resumed the hearing of the case regarding the removal of former Defence Secretary Naeem Lodhi.
The petitioner’s counsel Azhar Saddique told the court that the government tried to hide the facts of memogate case by removing Naeem Lodhi. The government did not follow the rule of law in sacking Lodhi, Azhar added.
The court asked the petitioner are you affected party of the case and remarked if the government sacked any teacher would you file any petition?
The court adjourned the case till 18 January.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA2MDg=

NAB chairman tenders apology in NRO case.

2012-01-16T13:17:00.000+05:00

Admiral (r) Fasih Bokhari tendered apology before the Supreme Court in NRO implementation case.
The National Accountability Bureau (NAB) Chairman Admiral (R) Fasih Bokhari Monday tendered apology before the Supreme Court for not complying with the court orders.
NAB chief’s counsel said the department has decided to fully implement the SC verdict in the NRO implementation case.
The NAB chief through his lawyer said he was not fully aware of the court affairs. He further said Red Warrants have been issue for former attorney general Malik Qayyum.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA2MjA=

Citizens can’t be left at govt mercy: LHC.

2012-01-16T13:14:00.000+05:00

The Lahore High Court has rejected police report regarding Rawalpindi court firing incident.
LHC Chief Justice Sheikh Azmat Saeed resumed the hearing of the case regarding firing incident in the Rawalpindi District Courts.
Punjab Police IG presented the report regarding the incident and said that the investigation of the case has been completed.
The court showed dissatisfaction over the report and remarked that the citizens cannot be left at the mercy of the government.
The Home Secretary assured the court that a comprehensive security plan has been prepared to avoid such incidents in the future.
The court ordered to present the security plan till January 20.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA2MTE=

SC issues contempt notice to PM Gilani.

2012-01-16T13:00:00.001+05:00

The Supreme Court has served the contempt notice to Prime Minister in NRO implementation case.
The larger bench of Supreme Court has served the contempt notice to the Prime Minister Yousaf Raza Gilani in NRO implementation case and asked the PM to appear before the apex court on January 19 in person, Dunya News reported.
A seven-member bench of the apex court, presided over by Justice Nasirul Mulk, was hearing the National Reconciliation Ordinance implementation case on Monday.
Earlier, the Attorney-General Maulvi Anwarul Haq told the Supreme Court that he did not get any instructions from the government in response to the six options put forward by the apex court in the NRO implementation case.
The attorney-general said that he had informed all concerned authorities about the court’s directives but did not get any response from them.
Law Minister Maula Bux Chandio said that the government would consult lawyers and experts with respect to the court’s notice and that whatever would be done would be done in accordance with the law and constitution.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjA2MDE=

Government faces critical day in court today.

2012-01-16T12:32:00.004+05:00

ISLAMABAD: SC to resume hearing of NRO implementation case: Government faces critical day in court today. Attorney General Maulvi Anwarul Haq to present govt’s viewpoint on six options given by Supreme Court.
The political crisis gripping the country can take a decisive turn today (Monday) when the government appears before the Supreme Court, which is ordering it to reopen a probe against the president.
The seven-member larger bench of the Supreme Court will resume the hearing of the National Reconciliation Ordinance (NRO) implementation case today. Attorney General of Pakistan Maulvi Anwarul Haq will present the government’s viewpoint on the six options given by the Supreme Court. The Law Secretary and National Accountability Bureau (NAB) chairman will also appear before the court.
The Supreme Court has been pressing for investigations into allegations of corruption against President Asif Ali Zardari, dating back to before his time in office. He and other leading politicians had been protected by a politically inspired amnesty agreed to in 2008 that the court struck down in 2009, leaving him vulnerable.
The government has so far refused to comply, arguing the president has immunity. Last week, the court threatened to dismiss Zardari and Prime Minister Yousaf Raza Gilani if they continue to ignore its orders.
It ordered government representatives to appear in court on Monday to explain what they planned to do. A senior member of Pakistan People’s Party (PPP) said this week the government would try to get more time from the court, but it’s unclear whether the bench is in a patient mood.
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has also constituted an 11-member larger bench to resume hearing from Tuesday of a presidential reference, regarding revisiting of former prime minister Zulfikar Ali Bhutto’s murder case. agencies.

link: http://www.dailytimes.com.pk/default.asp?page=2012%5C01%5C16%5Cstory_16-1-2012_pg1_5

----------------------------------------------

ISLAMABAD: A special Supreme Court bench will be examining the six options related to non-implementation on National Reconciliation Ordinance (NRO) verdict case from Monday (today).
The Chief Justice has constituted a 7-member special bench comprising Justice Nasir-ul-Mulik, Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed to hear the case.
The Attorney General for Pakistan, the Federal Law Secretary, the Chairman NAB and the Prosecutor-General Accountability will appear before the special bench in person. Earlier, a five-member SC bench headed by Justice Asif Saeed Khan Khosa observed that action may be taken against the President for violating the Constitution and forwarded the six options in the case to Chief Justice Iftikhar Muhammad Chaudhry, for taking a final decision on Jan 16 (today).
The Justice Asif Saeed Khan Khosa-led bench stated that prima facie the Prime Minister "is not an honest man" and that "he has violated his oath," giving six options to government to make things crystal clear. Otherwise, contempt proceedings against the Prime Minister and the federal law secretary will be initiated, according to 5-member SC bench.
The six options are: the prime minister is held in violation of his oath of office, proceedings may be initiated against the Chief Executive of the Federation i.e. the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of the SC; the bench may appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr Mobashir Hassan versus Federation of Pakistan; afford an opportunity of hearing to the affected person/persons; appropriate recommendations or directions may be made or issued by the bench against the NAB chairman; and the bench may exercise judicial restraint and leave the matter to the better judgment of the people of the country or their representatives in the Parliament to appropriately deal with the "delinquent".

link: http://www.brecorder.com/top-news/1-front-top-news/42392-non-implementation-of-nro-case-nab-chairman-law-secretary-others-to-appear-before-sc-today-.html

Military, apex court both fed up with President.

2012-01-16T12:25:00.003+05:00

ISLAMABAD: In its standoff with President Asif Ali Zardari's administration, Pakistan's powerful military is relying on an institution that experts say is equally antagonistic toward the civilian government: the country's high court.
The Pakistani capital has been awash with rumors that the army, which is fed up with a civilian government defined by corruption and ineffectiveness, is planning a coup. But as the rift between civilian leaders and the security establishment widens, it's becoming clear that a military takeover isn't what the generals envision.
Rather, analysts say the military appears to be aligning itself with the Supreme Court, a body with strong backing from everyday Pakistanis and the legal firepower to endanger Zardari's tenuous grip on governance. An outright coup probably would bring international criticism of the generals; experts say those traditional power brokers would welcome Zardari's ouster through court action.
"Both are acting in a manner in which they are reinforcing each other," said Hasan Askari Rizvi, a Lahore-based political analyst. "They are very quietly and discreetly helping each other … even if there doesn't appear to be a formal arrangement between the two."
Last week, Pakistani news media quoted military sources as saying the army stood ready to enforce any action that the high court took against the government. The remarks came just days after the Supreme Court had warned Prime Minister Yousuf Raza Gilani that it could remove him from office if he did not abide by the court's long-standing demand that he reinstate corruption proceedings against Zardari.
The court's feud with Zardari dates back to the early days of his presidency, when he initially balked at reinstating Chief Justice Iftikhar Mohammed Chaudhry, who had been driven from his post by former ruler Pervez Musharraf. Zardari reportedly feared that Chaudhry would allow old corruption charges against him in Switzerland to proceed.
For the last two years, the high court has been demanding that the government send a letter to the Swiss government requesting the revival of those charges. The case stems from Zardari's conviction in absentia in 2003 in Switzerland on money-laundering charges. The case was suspended while he and his late wife, former Prime Minister Benazir Bhutto, appealed and was later dropped at the request of the Pakistani government.
Gilani's administration refuses to seek a reopening of the case. The high court has ordered government officials to appear Monday to explain the administration's inaction.
Zardari's presidency is also threatened by an investigation involving a Pakistani American businessman's claims that he was asked by then-Ambassador to the U.S. Husain Haqqani to pass on to U.S. officials an unsigned memo seeking the Obama administration's help in fending off a potential military coup against Zardari's government. Observers say Zardari could be forced from office if it is proved that he was behind the memo.
Haqqani's onetime lawyer in the case, Asma Jahangir, quit in protest Jan. 3, criticizing what she said was the military's undue influence over the Supreme Court.
"The army still holds a great deal of power in Pakistan," Jahangir, president of the Pakistan Supreme Court Bar Assn. and one of the country's leading legal voices, said in a recent telephone interview. "And if their status quo is not only maintained but they're patted on the back by the judiciary, then I'm afraid the civilian government doesn't have much to stand on."
The converging interests of the judiciary and military pose a formidable challenge for Zardari, who is deeply unpopular and seen as ineffective in solving the country's severe economic troubles and homegrown insurgency. Zardari's aim appears to be to ensure that his government survives until March, when a strong showing in Senate elections would bolster the ruling Pakistan People's Party's clout in parliament and provide it a strong foundation for national elections slated for 2013.
Half of the chamber's seats are up for election in the March 2 vote, in which senators will be elected by members of provincial legislatures. Pakistani media are predicting that the ruling party will win a majority.
"That's what the opposition parties, along with the Supreme Court and the military, want to stop," said Rizvi, the political analyst.
The crisis between the civilian leadership and the military has become a major distraction for a government struggling to tackle severe electricity and natural gas shortages, a stagnant economy and the insurgency. Pakistani Taliban militants and other extremist groups have stepped up their pace of attacks after weeks of relative calm.
On Saturday, Taliban militants stormed a police station in the northwestern city of Dera Ismail Khan, killing a police officer and three civilians. Last week, a remote-controlled bomb blast in the northwestern town of Jamrud killed 29 people at a bus terminal. On Sunday, a bomb exploded at a Shiite Muslim procession in the southern Punjab town of Khanpur, killing 13 people, the Associated Press reported.
"Issues like the economy and terrorism have lost their salience," Rizvi said. "It's unfortunate the egos of individuals and institutions are undermining the interests of the common person."

By: Alex Rodriguez, Los Angeles Times.
link: http://www.latimes.com/news/nationworld/world/la-fg-pakistan-zardari-court-20120116,0,6227102.story

AG to appear in SC, tomorrow.

2012-01-15T12:32:00.001+05:00

ISLAMABAD: Attorney General Maulvi Anwarul Haq will have to appear before the Supreme Court in the NRO case as well as the judicial commission investigating the `memogate` on Monday because his application for time adjustment was rejected by Chief Justice Iftikhar Mohammad Chaudhry.
The attorney general has been summoned by the apex court and he is expected to inform the court which of the six options given by it to the government for the implementation of the NRO verdict should be considered by a seven-judge bench.
He had moved an application for time adjustment on Thursday, but Chief Justice Chaudhry turned it down and said: `Both the matters (NRO implementation case and memo issue) are very important and have already been fixed by the commission and this court, therefore, any order passed for adjustment will likely cause delay in the respective proceedings.
The attorney general failed to get a response from the court to his second application on the issue moved on Friday.
The three-judge judicial commission is holding its probe in the Islamabad High Court building, about 12km from the Supreme Court.
`On Friday also I had filed the same application before the larger bench for time adjustment, but till 4pm on Saturday when I left my office I had not received any reply (from the bench),` the attorney general told Dawn.
He said the commission`s proceedings were equally important because it was constituted by the apex court.
The seven-member SC bench was constituted after a fivejudge bench headed by Justice Asif Saeed Khosa in a hard-hitting order on Jan 10 referred the NRO case back to the chief justice, with a desirability to be heard by a larger bench on Jan 16.
It had asked the attorney general to get instructions from the government and argue before the court why it should not exercise any of the six or all the given options.
The attorney general, Law Secretary Masood Chishtie, National Accountability Bureau Chairman Admiral (retd) Fasih Bokhari and NAB Prosecutor General K.K. Agha are required to appear before the apex court on Monday.
The court had warned that it had the option of actions, including contempt of court proceedings which could attract Article 62 of the Constitution that entails disqualification.

link: http://www.dawn.com/2012/01/15/ag-to-appear-before-sc-memo-commission-tomorrow.html

Aitzaz said Gov. should have no problem in writing Swiss letter.

2012-01-14T19:52:00.001+05:00

Aitzaz Ahsan says that he has not been acting as a mediator between the executive and the judiciary.
Pakistan People’s Party (PPP) leader Aitzaz Ahsan on Saturday said that President Asif Ali Zardari would have immunity in Switzerland also; there should be no problem in writing letter to the Swiss authorities therefore.
Talking to media in Lahore, the PPP leader said that he is not acting as a mediator between the government and the judiciary.
Moreover, Ahsan said that his stance differs from PPP’s decision regarding writing letter to Swiss authorities.
Ahsan further said that democracy in the country will not be in danger if the president or prime minister is removed constitutionally.
Responding to a question regarding court’s order on the NRO implementation case, Aitzaz Ahsan said the government had not been given six options, it had, in fact, been told that the court could use all the six options listed in the order.

link: http://dunyanews.tv/index.php?key=Q2F0SUQ9MiNOaWQ9NjAzMzg=

Dunya News: Apney Ulloo Article.

2012-01-14T13:57:00.002+05:00

Petition in IHC seeks to preempt sacking of Gen. Kayani.

2012-01-12T11:39:00.000+05:00

ISLAMABAD: Amid growing tensions between the civilian government and the military leadership, an unprecedented petition has been filed in the Islamabad High Court (IHC) on Wednesday to block any attempts by the government to sack Army Chief General Ashfaq Parvez Kayani and Director General Inter-Services Intelligence (ISI) Lieutenant General Ahmed Shuja Pasha.
The petition filed by Advocate Maulvi Iqbal Haider, considered to be a dubious character by the Supreme Court (SC) and even banned from entering SC premises by Chief Justice Iftikhar Muhammad Chaudhry for filing frivolous petitions, was promptly accepted by the IHC.
The petitioner requested that the president and prime minister be restrained from taking any action against the army and intelligence chiefs by issuing an adverse notification against them until a final decision on his writ petition had been taken.
Seeking the judiciary’s intervention, the petition was filed hours after the Army warned of “grievous consequences” for the country, over criticism by Prime Minister Syed Yousaf Raza Gilani that the army and intelligence chiefs had failed to make their submissions to the commission through government channels.
The brewing tussle has already led to the sacking of secretary defense and triggered speculations that the government may take similar action against the army and intelligence chiefs.
Maulvi Haider filed the petition under Article 199 of the Constitution, naming eleven respondents including the president, prime minister, chief of army staff, director general ISI, chairman National Accountability Bureau (NAB), secretaries of cabinet division, establishment division, law and defense ministry, former ambassador to US Husain Haqqani and Pakistani American businessman Mansoor Ijaz.
Iqbal prayed to the court to declare that the president and prime minster had failed to perform their constitutional duties by disobeying the orders of the SC and the judicial commission probing the Memogate case.
Haider went on to add that the president had categorically declined to accept the SC’s decision and judicial commission’s finding in the Memogate case, whereas the prime minister had said “no one would be allowed to run state within a state” on the floor of the National Assembly on December 22, adding that both statements were in violation of Article 2A, 5, 9,25,62,63,189,190 and 204 of the Constitution and the oath undertaken by the president and prime minister.
Furthermore, the petitioner requested the court to restrain the government from implicating Mansoor Ijaz, the main accuser in the Memogate case, in any false cases upon his arrival and provide him with the Army protection during his stay in the country.

link: http://tribune.com.pk/story/320240/petition-in-ihc-seeks-to-preempt-sacking-of-kayani-pasha/

Seven Judges bench set up for NRO case.

2012-01-12T11:35:00.001+05:00

ISLAMABAD: A day after the stern order in the NRO implementation case, the Supreme Court constituted a seven-judge bench to resume the hearing from Monday next.
A source privy to the development conceded to Dawn that the bench so formed would be headed by Justice Nasirul Mulk and comprised Justice Asif Saeed Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed
and Justice Muhammad Ather Saeed.
It is noteworthy that the chief justice is not part of this bench while five of the seven members of the new bench were part of the original bench. This is unusual to say the least.
On Jan 10, a five-judge bench headed by Justice Asif Saeed Khosa in a hard hitting order had referred the matter back to Chief Justice Iftikhar Mohammad Chaudhry with a desirability to be heard by a larger Supreme Court bench on Jan 16 due to the importance of the case.
Not only the bench sent the case back to the chief justice, but asked Attorney General Maulvi Anwarul Haq to get instructions from the government and argue before the court why it should not exercise any of the six or all the options it laid out in Tuesday’s order.
The AG, Secretary Law Masood Chistie, Chairman National Accountability Bureau (NAB) Admiral (retd) Fasih Bokhari and NAB Prosecutor General K.K. Agha are required to appear in person on the next date of hearing.
The newly constituted bench will consider all the six options in detail, the language of which is not only hard hitting but it took to task the prime minister in particular by describing him prima facie as not honest and ameen.
The court had warned that it had the option of actions, including contempt of court proceedings that could attract Article 62 of the Constitution that entails disqualification.

link: http://www.dawn.com/2012/01/12/seven-judge-bench-set-up-for-nro-case.html

SC gives six options to government in NRO case.

2012-01-11T08:53:00.000+05:00

ISLAMABAD: Deciding a legal issue with unimaginable political ramifications, the Supreme Court on Tuesday, while announcing its findings in the infamous National Reconciliation Ordinance (NRO) implementation case, gave six options for initiating contempt of court proceedings against the prime minister and the secretary law.
The five-member SC full bench also observed that action may be taken against the president for violating the Constitution. The bench referred the matter to a larger SC bench, to be constituted by Chief Justice Iftikhar Muhammad Chaudhry, for taking a final decision on the matter on Jan 16.
“Prima facie the Prime Minister is not an honest man and violated his oath,” the bench headed by Justice Asif Saeed Khan Khosa ruled in the verdict of the NRO implementation case.
The court held that the “persistent, obstinate and contumacious resistance, failure or refusal” of the prime minister to completely obey and execute the directions issued in the NRO case reflects that “at least prima facie, he may not be an ‘honest’ person on account of his not being honest to the oath of his office and seemingly he may not be an ‘ameen’ due to his persistent betrayal of the trust reposed in him as a person responsible for preserving, protecting and defending the Constitution and also on account of allowing his personal political interest to influence his official conduct and decisions.”
The court ruled that the government had failed to implement the verdict and was not taking interest in implementing the earlier NRO verdict. It also observed that instead of honouring his obligations under the Constitution, the prime minister had instead preferred party loyalties over his constitutional obligations. The court noted that the president in an interview to Geo News had said his government would not implement one part of NRO verdict.
The court in its order recommended the case to the chief justice to form a larger bench to hear the case to examine the six options including to initiate the contempt of court proceedings against the chief executive and the secretary law for not implementing the NRO verdict; to declare the chief executive ineligible from the membership of the Parliament; formation of a commission to get the verdict implemented, to leave the issue to the people to decide on the issue and the court exhibit patience; initiation of contempt proceedings against NAB chairman; and action may be taken against the president for violating the Constitution.
The SC issued notice to the attorney general (AG) for Pakistan for addressing the arguments before the court on the next date of hearing, after obtaining instructions from those concerned, as to why any of the mentioned options may not be exercised by the court in these matters.
Earlier, during the hearing, the AG, NAB chairman and prosecutor general accountability told the court that no progress worth any mention has been made by all concerned in the matters mentioned in the order of January 3, 2012.
NAB Prosecutor General K K Agha submitted and read out two reports of January 9, 2012, wherein it has categorically been concluded that the NAB has decided not to proceed in the matters of Adnan Khawaja and Ahmad Riaz Sheikh despite clear directions issued by the apex court in this regard earlier on.
The court expressed dissatisfaction over the reports and observed that an attempt has been made through the said reports to screen, shield and protect all those in public offices who were involved in appointments/promotion of the said convicted persons.
On a court query the NAB prosecutor general confirmed the fact that the reports mentioned a clear conclusion about lack of criminal intent of all concerned and involved has been recorded without even holding a formal inquiry or investigation, which the court found to be strange and unusual.
The prosecutor general went on to submit that even in the matter of proceeding against Malik Muhammad Qayyum, former AG, a decision has been taken by NAB not to initiate or take any proceeding despite a clear direction having been issued by the SC.
During the hearing, the NAB chairman not only owned the mentioned reports but adopted a defiant attitude by stating before the court that the decision whether to proceed against any person under the National Accountability Ordinance 1999 or not, is a decision which falls within his exclusive jurisdiction and he has decided not to proceed against any person in the matters of Adnan Khawaja, Ahmad Riaz Sheikh and Malik Muhammad Qayyum.
The chairman submitted in most categorical terms that no inquiry or investigation is warranted in those matters
The court however, observed that the NAB chairman NAB stated so in contemptuous disregard of the fact that the apex court has already passed an order for taking proceedings in those matters.
The SC noted that the federal secretary law was absent from the court on the last date of hearing on account of being abroad and even today (Tuesday) he has failed to appear.
“We have been informed that he is unwell and is receiving medical treatment but nothing has been produced before us to substantiate the same,” the court ruled, adding that it appears that he prefers foreign sojourns upon his commitments before the highest court of the country.
Attorney General Maulvi Anwarul Haq submitted that there is no change in the situation since the last date of hearing and no step in furtherance of SC’s earlier directions has been taken by anybody during the interregnum.
The court recalled that in a recent interview with Geo TV, the co-chairperson of the major political party in the ruling coalition at the federal level, who also happens to be the President of Pakistan, has categorically stated that under his co-chairpersonship his political party has taken a political decision not to obey some part of the judgment handed down by the Supreme Court in the case of Dr Mobashir Hassan (supra). Even the Prime Minister of Pakistan and the federal minister for Law, Justice and Human Rights Division have been harping on the same theme for quite some time on different occasions through speeches made on the floors of the National Assembly and the Senate and also through print and electronic media.
“Their conduct in the matter also goes a long way in confirming what they have been proclaiming. Such an attitude, approach and conduct prima facie shows that the co-chairperson of the said political party, the prime minister and the federal minister for Law, Justice and Human Rights Division have allowed loyalty to a political party and its decisions to outweigh and outrun their loyalty to the State and their ‘inviolable obligation’ to obey the Constitution and all its commands,” the court ruled.
The court observed that that in our country governed by a Constitution political loyalty cannot be accepted as stronger than loyalty to the State and dictates of a political master or party cannot be allowed to be put up as a defence to failure to obey the Constitution.
The court gave six options in the case and forwarded to the Chief Justice of Pakistan to examine it by constituting a larger bench.

Option No 1: The prime minister is held in violation of his oath of office.
Option No 2: Proceedings may be initiated against the Chief Executive of the Federation i.e. the Prime Minister, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of this court.
Option No 3: The court may appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr Mobashir Hassan (supra).
Option No 4: Afford an opportunity of hearing to the affected.
Option No 5: Appropriate recommendations or directions may be made or issued by this court against NAB chairman.
Option No 6: The court may exercise judicial restraint and leave the matter to the better judgment of the people of the country or their representatives in the Parliament to appropriately deal with the delinquent.

Other members of the bench comprised Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed.

Link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=11640&Cat=13

Download Case Judgement: NRO Case Date:10.01.2012

Senior lawyer Nasrullah Warraich shot dead in Lahore.

2012-01-10T13:18:00.001+05:00

LAHORE: A senior advocate of Supreme Court Nasrullah Warraich was Monday shot dead by two bike riders in front of his house in Gulshan-e-Ravi.
Police have not registered any case till the filing of this report because they have not received any complaint from his heirs. Lahore Bar Association (LBA), Lahore High Court bar Association (LHCBA) and Punjab Bar Council (PbBC) have condemned murder of the senior lawyer and announced a strike and boycott of courts for Tuesday (today).
According to the eye witness and house servant Sultan, two bike riders came to the house and knocked at the door. “One of them introduced himself as Shahid and told him that they had come from Sahiwal to see Nasrullah to discuss some cases, but when he reached outside the door, the killers opened fire and fled, after exchanging a few words.
“Nasrullah fell on the ground unconscious,” he said and added after hearing fire shots, the family member rushed towards outdoor where Waraich was lying in a pool of blood. He was shifted to Sir Ganga Ram Hospital where he was declared as dead.
Police sources said Nasrullah, 70, sustained one bullet in his forehead which claimed his life. The lawyer fraternity after hearing the news of the murder rushed to his house and mourned the sad demise. His body was shifted to Mayo dead house for postmortem.
Sources in police department said after the news of brutal murder of Nasrullah, senior police officials of Lahore police including CCPO Ahmad Raza Tahir, concerned SPs, DSP and SHO immediately reached Mayo Hospital and held an emergency meeting. It was also learnt from some sources that Nasrullah had represented the federal government in the case of 18th Amendment and the President’s dual office case in Lahore High Court.
Lahore Bar Association (LBA), Lahore High Court Bar Association (LHCBA) and Punjab Bar Council (PBC), have condemned the murder of Warriach, who was ex-chairman executive committee of Pakistan Bar Council and announced a strike and boycott of courts for Tuesday (today).

link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=11637&Cat=13&dt=1/10/2012

Hearing of petitions regarding voter lists in SC.

2012-01-10T13:14:00.003+05:00

ISLAMABAD: During a hearing in the Supreme Court of petitions regarding voter lists, Chief Justice Iftikhar Mohammad Chaudhry said that he could have raised an objection on the oath administered to President Asif Ali Zardari by Abdul Hameed Dogar but did not do so in order to avoid disharmony in the country, DawnNews reported.
Chief Justice Iftikhar said that the time had come when solutions would have to be created regardless of their possible consequences.
He said the judiciary would not follow the ‘doctrine of necessity’.
The chief justice said the salaries and perks given to nominated members were unconstitutional without the proper formation of an election commission.
The hearing was subsequently adjourned to January 12.

link: http://www.dawn.com/2012/01/10/doctrine-of-necessity-will-not-be-followed-cj.html

LHC CJ scolds UVAS dean on special student’s plea.

2012-01-10T13:10:00.003+05:00

THE Lahore High Court chief justice on Monday admonished a dean of the University Of Veterinary and Animal Sciences (UVAS) and took serious notice of the irresponsible behaviour of the university’s officials for not giving admission to a disabled student who had secured first position in the merit list five years ago.
Chief Justice Sh Azmat Saeed observed: “Corrupt and idle government officials have destroyed the entire system of the country.” Hafiz Syed Muhammad Ammar had filed the petition in 2007, stating that he had secured 817 marks in Intermediate (FSc) and applied for admission for graduation in the University of Veterinary and Animal Sciences (UVAS).
He secured top position in the merit list displayed by the university administration but the officials of the university dropped his name without giving any reason. Ammar submitted that the UVAS officials had given admission to the candidates who got less numbers after taking bribe from them.
He, then, took admission to Bahauddin Zakariya University (BZU) and successfully completed eight semesters of the DVM course because his petition was not being heard timely by the Lahore High Court.
Dean Faculty of UVAS Prof Naseem Ahmad appeared before the chief justice to explain his position and reasons behind the discrimination against the petitioner by the university officials. He, however, failed to give any satisfactory answer to the CJ’s repeated queries that why Ammar was dropped from the merit list despite the fact the he had secured the top position.
The CJ got angry and remarked: “I want resignation from all those officials who took bribe to accommodate their favourite and deprived Ammar of his well-deserved seat. You have destroyed the life of a disabled boy.”
He further observed that the UVAS officers were so cruel that they did not even spare a disabled guy, and their greediness forced Ammar to study in a city far away from his hometown, Lahore. He said that all delinquent officials should be sent to jail. Prof Naseem Ahamad tendered his apology to the chief justice and requested the court to grant him some time to resolve the issue. The CJ directed him to find out how Ammar could be accommodated in 10th semester of DVM course in the UVAS, Lahore.

link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=86754&Cat=5&dt=1/10/2012

CJP condoles on death of Justice Nasir’s father.

2012-01-10T13:04:00.002+05:00

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry, other judges and registrar and the staff of the Supreme Court on Monday expressed deep sorrow and grief on demise of the father of Justice Nasir-ul-Mulk.
They extended their heartfelt condolences and sincere sympathies to members of grieved family. The Chief Justice in his condolence message addressed to Shujah-ul-Mulk said, “Your father was a man of noble disposition and a great humanitarian. He also rendered invaluable services to the nation as a learned member of the Senate of Pakistan.
His philanthropic services in the field of social welfare would always be remembered.” He prayed for eternal peace of the departed soul and patience to the bereaved family to bear this irreparable loss with equanimity.

link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=86821&Cat=2

Tensions high as NRO deadline expires today.

2012-01-10T10:17:00.000+05:00

ISLAMABAD: Total defiance of the government to comply with Supreme Court’s last warning for writing letter to Swiss authorities in National Reconciliation Ordinance case expires today (Tuesday) leaving the apex court with no option but to proceed with contempt of court.
Institutional tension has heightened after the Executive has shown total disregard to the directives of the judiciary in the NRO case, which many believed could cost the prime minister his job in case the controversy drags on.
President Asif Ali Zradri, who is also PPP Co-Chairperson, added to the heightened tension between the Executive and Judiciary by leaving the matter for the next government to write to Swiss authorities.
“I would only remain president for the next 12-15 months after which the next government may write to Swiss courts”, President Zardari told a private TV channel on January7, adding ‘why would his government do so?’
Zardari said NRO case and Swiss courts would have a significance in history, thus, ‘neither he nor the Prime Minister would want such a thing to be part of the history’.
President said he was not afraid of Article-248 and that he considered Swiss case as a trial of Benazir Bhutto Shaheed’s grave, adding that it was the decision of party not to write to Swiss courts.
According to the constitutional experts, the Supreme Court could punish Prime Minister Gilani in contempt of court for minimum of six months and up to two years in line with the 18th constitutional Amendment.
The Supreme Court on its last hearing on implementation of the NRO case had issued last warning to the government to write letter to Swiss Court about the ill-gotten $60 million belonging to President Zardari and his late spouse Shaheed Benazir Bhutto stashed in the Swiss banks.
On other hand, some people believed that there were $97 billion dollars stashed in Swiss banks belonging largely to Pakistani politicians, and feared that if government did not implement the apex court directives in NRO case, the entire efforts to bring back the ill-gotten wealth stashed in the Swiss banks would go never bear fruits.
Meanwhile, quoting sources private TV channels claimed that President Asif Ali Zardari may leave for Dubai today. “All arrangements have been finalized and the President may leave for Dubai any time soon,” it said. However, no official confirmation was available till the filing of this report.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/national/10-Jan-2012/tensions-high-as-nro-deadline-expires-today

Results of LLM Part 1, KU.

2012-01-08T14:41:00.001+05:00

L.L.M Part-1 Annual Examination 2011

Karachi:January 06: The controller of examinations, University of Karachi (KU), declared the results of the LL.M (Previous) Annual Examination-2011 on Thursday. According to the gazette issued, 182 candidates were registered for the exams of which 163 students appeared. Meanwhile, 77 candidates were declared passed. The overall pass percentage was 47.24.

Result announced: Download PDF.

SC to resume ZAB reference tomorrow.

2012-01-08T13:40:00.001+05:00

ISLAMABAD, (SANA): Supreme Court of Pakistan will resume hearing of presidential Reference sent by the President of Islamic Republic of Pakistan Under Article 186 of the Constitution to revisit the case of Zulfiqar Ali Bhutto on Monday (tomorrow).

A nine-member bench of SC headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Jawwad S. Khawaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Tariq Parvez, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany, Justice Amir Hani Muslim.

The apex court would before starting the hearing would decide the matter of show cause notice issued to senior counsel Babar Awan on statement against court notices which were issued by another bench of SC comprising Justice Aijaz Afzal Khan and Justice Athar Saeed.

The apex court took notice of Babar statement has issued notice and sought explanation from him that he may tell the court that why his license should not be cancelled.

link: http://www.sananews.net/english/2012/01/sc-to-resume-zab-reference-tomorrow/

PM in Function of the LBA held at Alhamra Hall.

2012-01-07T23:42:00.000+05:00

LAHORE: Lawyers stunned Prime Minister Yousaf Raza Gilani by shouting slogans against President Asif Ali Zardari and in favour of Chief Justice Iftikhar Muhammad Chaudhry at a function of the Lahore Bar Association (LBA) held at Alhamra Hall on Saturday, as the PM said he could not be cowed down by the prevailing political scene in the country.
The LBA arranged a dinner for lawyers in connection with its elections and the prime minister was the chief guest on the occasion. Punjab Governor Sardar Latif Khosa, Evacuee Property Trust Board (EPTB) Chairman Asif Hashmi and Khurram Latif Khosa were also present on stage.
As soon as Governor Khosa said in his speech that the lawyers of Lahore played an important role in the restoration of the judiciary, a large number of lawyers started shouting slogans in favour of the chief justice. Looking at the riled up lawyers, Khosa cut short his speech and the organisers of the function had to request the lawyers again and again to calm down, but the lawyers kept shouting slogans in favour of the chief justice. During the entire episode, the prime minister was a bit stunned but kept his cool.
Gilani then approached the dais and the lawyers intensified their slogans, this time chanting “Go Zardari Go”. However, Prime Minister Gilani faced the lawyers bravely and began his speech.
“It is the beauty of democracy that everyone is free to say whatever they like,” the prime minister said in his address, adding that the judiciary and media was free and that was because of democracy.
The lawyers continued to shout anti-Zardari slogans but the prime minister continued his speech. “We respect the judiciary and the freedom of people,” Gilani said, adding that Zulfikar Ali Bhutto started Pakistan’s nuclear programme and Benazir Bhutto established missile technology. He said the Pakistan People’s Party (PPP) was a symbol of federation and had deep roots in all provinces.
The prime minister later calmed the lawyers down by announcing a housing society for them, which earned him a round of loud applause. The PM announced further that the children of lawyers would have 10 percent quota in schools run by the EPTB. He also announced Rs 2.5 million in aid for a lawyer suffering from cancer.
Reiterating the PPP’s commitment to continue working for the solidarity of the country, Gilani challenged detractors and said he could not be cowed down by the prevailing political scene in the country, APP reported.
The prime minister said there was a supreme constitution, an independent judiciary, free media and a vibrant society in the country, adding that had there been no constitution, it would have been difficult to keep the federation intact.
He said the PPP was the custodian of the constitution and it restored the 1973 Constitution to its true spirit. Gilani said the PPP favoured elections and safeguarded the right to sloganeering and political activism. “I congratulate President Asif Ali Zardari as his prime minister has been invited to address the largest bar association of Asia,” he said. Hailing the role of lawyers in various eras of the country’s history, the prime minister said lawyers were at the forefront of the Pakistan Movement under the dynamic leadership of
Quaid-e-Azam Muhammad Ali Jinnah, adding that PPP founder Zulfikar Ali Bhutto had the unconditional support of lawyers in his movement for the empowerment of the people.

link: http://www.pakistantoday.com.pk/2012/01/pm-%E2%80%98won%E2%80%99t-be-cowed-down-by-detractors%E2%80%99/

Lower court employees boycotted for two-days for salaries.

2012-01-06T23:59:00.000+05:00

HYDERABAD: Lower court employees across the province boycotted the courts on Friday. They appealed to the government to order a salary increment. Work at the lower courts came to a standstill across the province on Friday after staff started to protest for fairer wages.
Court workers across several cities were following a call to agitate issued by the All Sindh Subordinate Judicial Staff Welfare Organisation. The strike will last two days.
The staff, which numbers about 5,000 in Sindh, claims that they are not being given the three-fold salary increment as was given to their peers in the other provinces. At their rallies on Friday they chanted, ‘Chief Justice, we want justice’ to press their point. After winning a case for a raise in the Sindh High Court in May 2011, the staff wants to take the issue up at the Supreme Court. The hearing is scheduled for January 18. While talking to The Express Tribune, the provincial president of the welfare organisation, Muhammad Chattan Rahimo, said that they would go on strike for two days every week until their demands are met.
According to the organisation’s Liaquat Mallah, Chief Justice Iftikhar Muhammad Chaudhry will be heading the bench. Advocate Rashid A Rizvi will represent the court staff, while Advocate Abdul Hafeez Pirzada will defend the Sindh government.

link: http://tribune.com.pk/story/317795/equal-pay-court-employees-go-on-two-day-strike-for-salaries/

CJP rules out any unconstitutional step in county.

2012-01-06T23:08:00.000+05:00

RAWALPINDI: Chief Justice Iftikhar Muhammad Chaudhry has said that no dictator should have courage in future to commit any illegal step in the country, adding that this has become possible with in the result of the lawyers’ sacrifices and struggle.
Addressing to the inauguration ceremony of lawyers club and chambers in Rawalpindi on Friday Chief Justice said that the judges vowed to protect the constitution of the country, adding that Judges would not take oath under the PCO. I called the 3rd November action as martial law and not the emergency plus, he said.
He said that we have proved through actions that there is independent judiciary in the country, adding that Rawalpindi bar played pivotal role in the success of the lawyer’s movement for the restoration of deposed judges.
He said that the verdicts would only be announced according to the constitution, adding that the verdicts could not be issued according to the will of any person.
He said that in the verdict of the 31st July 2009 the judges of the Supreme Court set aside all the illegal actions of the dictator.
He said that there would be rule of law in the country, adding that there is a good relation between the bench and bar.
He said that the confidence of the masses increased on judiciary after independence, adding that know everything is notice of the judiciary and it has become possible through print and electronic media.
He said that through independent media the masses have become aware about their rights, adding that judges held long struggle for the restoration of judiciary and faced many problems including sacrifice of job.
He said that many people used to talk about illegal action for political interests, adding that no one would have courage to commit illegal action and there be no one in judiciary who would validate the action of the dictator.
He said that according to the article 5 of the constitution all the citizens are bound to loyal with the country.
He said that the number of cases is increases after the restoration of the judiciary, adding that the sacrifices of the judges would not go in vain.
Chief Justice said that the lawyers’ community has earned a great respect for the legal profession. They are the role model for the community and have exhibited exemplary conduct for securing independence of judiciary, adding that they stood with Bench to restore the rule of law and constitutionalism in the country. Without their untiring efforts the present scenario could not have seen the light of the day.
CJP said that after restoration of independent judiciary in March 2009, the first step was taken to gear up the system of administration of justice towards securing inexpensive and expeditious justice at the grass root level.
The Judiciary after restoration was facing the severe problem of backlog of cases at every level from lower to the superior courts. Number of cases pending in the district Judiciary was much higher as compared to High Courts and Supreme Court, CJ said.
He said that the district judiciary is the backbone of the judicial system of Pakistan. If the District Judiciary delivers to the satisfaction of the people it inspires confidence and earns respect of the people. About ninety percent of the litigants, at first stage, come in contact with District Judiciary. Therefore, the impression and confidence of public regarding the judicial system, is directly dependent upon their experience at this level.
The delay in dispensation of justice not only causes agony to the litigants but also badly affects the fabric of socio-economic activities. This has been the main issue before the successive law reform commissions and committees set up from time to time.
The delay discourages the people to approach to Courts for the redressal of their grievances. In this situation, the Bars raise the voice of the people’s conscious and operate as sentinel of their portal of freedom. It was the lawyers’ community of the country who vigorously carried out the struggle for the rule of law and awakened the nation to taken a stand on constitutional dispensation.
The successful campaign and un-precedented sacrifices offered by them let to a new dawn of independence of judiciary. This in turn raised public aspiration and expectation from justice sector. Now we have entered in new arena of paradigm shift, where we have to deliver the legal rights protected by the Constitution and the Law.
The National Judicial Policy Making Committee (NJPMC) was established under the National Judicial Policy (Making Committee) Ordinance 2002. Under the auspices of NJPMC the first National Judicial Conference was held in February 2007 in which all the stakeholders of justice sector including the member of the bench and the bar, public functionaries, academicians, members of the civil society and media participated.
Iftikhar Chaudhry said that the purpose of convening National Judicial Conference was to give a platform to all the stakeholders to present their views so that new ways should be devised for resolving legal and judicial problems. In this Conference many issues pertaining to judicial independence, delay reduction, Alternate Dispute Resolution, legal education, eradication of corruption, time management and court management etc. were deliberated.
On the basis of these deliberations, after restoration of judiciary in 2009, the NJPMC in its consecutive meetings formulated the National Judicial Policy 2009, he said.
CJ said that after implementation of National Judicial Policy a considerable success was achieved specially in the District Courts. By and large the targets set out by the policy were achieved with proper assistance and cooperation of the Bar. After implementation of National judicial Policy, the NJPMC has convened three conferences, which were attended by all stakeholders, to re-visit the National Judicial Policy and to discuss various issues on the past experience. Upon the out come of the conferences the policy was revised accordingly. I remember an instance, when it was reported that cases are decided/disposed of mere on technical grounds, he said.
CJ said that the matter was taken up with Chief Justices of the High Courts. Resultantly, these cases were not only restored but directions were passed to the District Judiciary to decide the cases on merit after providing full opportunity of hearing to the parties, so that justice should not only be done, but should manifestly be seen to have been done.
Chief Justice said that transparency in the functioning of Courts and eradiation of Corruption, in all its manifestation, on the part of judicial officers and officials, is the corner stone of the National Judicial Policy. Corruption in judicial system adversely affects and lowers the confidence of litigant public in the judicial system.
He said that our wholehearted efforts will come to nothing if the evil of corruption is not firmly checked. The National Judicial Policy suggested strict adherence to the Code of Conduct by all the judicial officers and officials and initiation of disciplinary action against the corrupt ones.
CJ informed that a Cell for Eradication of Corruption from Judiciary has been established under the supervision of Chief Justices High Courts for disciplinary action against corrupt and incompetent judicial officers and court officials. Complaints are received through the Registrar of respective High Courts. Since the implementation of National Judicial Policy so far many disciplinary actions have been taken against those judicial officers and court officials who were involved in such practices.
CJ said that in the province of the Punjab 71 officials were dismissed, 2 judicial officers and 43 officials were removed, 1 judicial officer and 10 officials were terminated, 7 judicial officers and 32 officials were compulsory retired from the service, adding that in Sindh 29 officials were dismissed, 6 judicial officers and 5 officials were compulsory retired from service, similar, major penalties were imposed against 6 judicial officers and 16 officials.
He said that in the province of Khyber Pakhtunkhwa 8 judicial officers and 6 officials were compulsorily retired, 2 officials were removed and against 2 judicial officers major penalty were imposed.
CJ stated that the number of Criminal cases has direct nexus with the capacity of the Prisons. At the movement in the Rawalpindi District about 48373 cases are pending in the Courts out of them 8508 are only criminal cases. While in the Central Jail, Rawalpindi, there are 4939 prisoners instead of its capacity that is 1994.
The intensity of this problem can be checked through early disposal of cases. In this regard the role of lawyers is indispensable in terms of providing assistance to Court. Without co-operation from the Bar, the Courts cannot dispose of the cases expeditiously. Similarly, the Bench is also under obligation to provide fair trial and to adopt due process of law to protect and safeguard the rights of the litigants CJ said.
However, it is reiterated again that additional courts are to be established at the district level where extra judges and necessary staff should be appointed on priority basis to handle the ever increasing institution of fresh cases and stemming the tide of ever increasing backlog CJ said.
The presiding officers of those courts where cases are relatively low in numbers may be rotated to those courts which are facing steep rise in new institution and big backlog of old cases.
CJ said that there is also an urgent need to impart appropriate legal education to the presiding officers of the district judiciary along with the support staff so that they are professionally well prepared to handle the variety of cases being brought before the courts. It is all the more necessary in view of challenging issues being taken up in courts now-a-days like intellectual property cases, commercial litigation, and cases related to white color crimes with reference to money laundering and terrorism, he maintained.
Chief Justice said that there is also a perpetual requirement for appointing of judges in the various High Courts of the country. It gives me considerable personal satisfaction to share with you the fact that after the promulgation of 18th Amendment, I have taken special care to not only expedite the process of appointment of fresh judges to the High Courts in the country but also to choose the best candidates who have impeccable integrity and solid professional experience.
CJ said that this process of appointment takes some time wherein the Judicial Commission proposes and scrutinizes each and every candidate thoroughly and passes on its recommendations to the Parliamentary Committee. The Committee in turn takes time to further assess and approved the recommendation of Commission.
The final recommendations are then notified by the competent authority as per rules. This entire process requires some time which is necessary for making the most appropriate choices for appointment of Judges of the superior courts in the country, he said.
This so called delay in the appointment of judges may be frustrating but it is important to assess the cases carefully and make the right decision. However, I assure you that no extra time will be taken then required for making such appointments in the superior courts of the county.
Chief Justice addressing to lawyers said “You have struggled for restoration of rights of the citizenries as enshrined in the Constitution. Now you should continue your struggle for consolidation of the grounds so far secured. People are looking toward you to not only provide them guidance and inspiration to achieve their rightful place in the society but also to provide them with hope for future.”
At the end CJ call upon the stakeholders of justice system to care for the weaker section of society including women, children, and prisoners.

link: http://www.sananews.net/english/2012/01/cjp-rules-out-any-unconstitutional-step-in-county/

SC seeks record of computerized voters list.

2012-01-05T23:00:00.000+05:00

ISLAMABAD - The Supreme Court on Thursday asked the authorities concerned to provide the record of issuance of computerised national identity cards to eunuchs and their enrolment in voters list.
Hearing a petition about the humiliation of eunuchs, a two-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry and Justice Khilji Arif Hussain asked the secretary of the Social Welfare Ministry to monitor the process.
The court asked all the provincial governments to take concrete steps for the welfare of eunuchs and observed that they can be involved in tax collection on the pattern adopted by India.
Police promotions: Separately, the SC ordered promotions in police strictly in accordance with seniority lists instead of shoulder promotions. A three-member SC bench consisting of Justice Shakirullah Jan, Justice Jawad Khawaja and Justice Amir Muslim was hearing different petitions filed by superintendents of police (SP) and others against shoulder promotions. During the hearing, representatives of the Punjab and Balochistan governments said that in compliance with court orders, all out of turn/shoulder promotions had been abolished in police departments of their provinces.

link: http://www.pakistantoday.com.pk/2012/01/sc-seeks-record-of-eunuchs%E2%80%99-enlisting-as-voters/

SC issues second show cause notice to Babar Awan.

2012-01-05T20:58:00.000+05:00

ISLAMABAD: The Supreme Court on Thursday grilled former law minister Babar Awan for his remarks regarding the judiciary and issued a show cause notice to him, DawnNews reported.
During a hearing of the Bhutto reference here, Chief Justice Iftikhar Mohammad Chaudhry took serious notice of Awan’s comments in the media after the court issued a contempt notice to him and other members of the Pakistan People’s Party (PPP) on Wednesday.
After deciding to hear the Bhutto reference later, the chief justice asked Awan as to why he ridiculed the notices issued to PPP leaders and said: If you would not respect the state’s institutions, then who would?
Justice Iftikhar said that he was in favour of criticising the judiciary but Awan’s comments were not criticism, adding that Awan was not issued a license to insult the apex court.
Moreover, Justice Jawwad S. Khwaja decided to quit the bench after viewing footage of the comments.
He was quoted as saying that he would not forgive Awan even if 10 other judges on the bench would decide to pardon him.
Arrangements were made on the court’s orders for footage and news clips of the remarks given by the former minister.
Moreover, office bearers of the Pakistan Bar Council (PBC) apologised to the court over Awan’s comments.
The court adjourned the reference’s hearing and directed Awan to submit his response by Jan 9.

link: http://www.dawn.com/2012/01/05/cj-takes-notice-of-babar-awans-comments.html

-------------------------------------------------

During the hearing of the Bhutto reference case on Thursday, Chief Justice Iftikhar Mohammad Chaudhry took serious notice of former Law Minister Babar Awan's comments in media after the court issued a contempt notice to him and other members of Pakistan People's Party (PPP).
The 11-member SC bench, headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry was hearing the Bhutto reference case and issued second show cause notice to Senator Babar Awan over contempt of court. The hearing was adjourned till January 9.
During the hearing, the PPP leader and federation's lawyer Babar Awan was reprimanded after the video of his Wednesday's statement ridiculing show cause notices was played in the courtroom.
The court then issued another show cause notice to him and warned of cancelling his licence. He was directed to submit his reply by January 9.
Justice Jawwad S Khawaja remarked that it was not contempt but insult of judiciary on which Babar Awan replied that he did not insult but praise the court.
President of Supreme Court Bar Association (SCBA) Yaseen Azad and Vice Chairman of Pakistan Bar Council (PBC) Lateef Afridi protested over Babar Awan's reply, however, they asked the court to remain patient.
The chief justice asked the PPP senator to bring his file having details of his licence. He said that no one has the right to ridicule courts and that his behaviour was not appropriate.
It is pertinent to mention that Babar Awan is due to submit reply of an earlier show cause issued to him over December 1 press conference where he ridiculed the judiciary along with other PPP ministers.
The chief justice asked Babar Awan as to why he ridiculed the notices issued to PPP leaders for allegedly making derogatory remarks against the judiciary.
Chief Justice Iftikhar Chaudhry addressed Babar Awan and said: "If you would not respect the state's institutions, then who would?"
The chief justice, moreover, said that the court would hear the Bhutto reference later and termed Babar Awan's comments as more important. "How can things move forward without respect for the judiciary," he noted.
Babar Awan said, "My conversation has two parts; but, you picked up only the piece of poetry as the subject."
On this occasion, the bench ordered the court crew to put in place the projector and screen to present to the court the portions of Babar Awan's talk.
It should be mentioned here that Babar Awan, talking to media persons Wednesday after the hearing of the Bhutto reference case, said it was not the first instance that he was meted out such treatment by the courts.
Babar Awan said when he was fighting the case of former Prime Minister Benazir Bhutto, he was presented in the court of Gujranwala Judge Saifullah Buttar as a terrorist to damage BB's case.
Furthermore, he noted when he became the lawyer of Asif Ali Zardari, two cases of robbery and kidnapping were registered against him to damage the case.
"Now that I am the lawyer in the Bhutto reference, I want to tell the whole nation that I will continue my fight to get justice for the Quaid-e-Awam," he added.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/national/05-Jan-2012/zab-reference-sc-issues-second-show-cause-to-babar-awan

Chief Justice said Military courts’ ways blocked forever.

2012-01-04T23:03:00.000+05:00

ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Wednesday remarked that through judicial orders, the Supreme Court had blocked the way for introduction of military courts forever and only the constitutional system would function in the country.He made the remarks heading an eleven-member larger bench hearing a reference sent to it under Article 186 by the President for revisiting of Zulfikar Ali Bhutto’s murder case.He told Dr Babar Awan, counsel for the referring authority during the course of proceedings: “It is a loud and clear message to all, nobody should be in any illusion furthermore, so long, we are sitting and functioning under the Constitution, Inshallah, nothing will happen to the system. Those days are over when people feared that something would happen overnight.”
He said that the court had annulled the sentence of military courts in Liaquat Hussain’s case in the past.
Making his submission on maintainability of the reference, Dr Babar Awan contended that Article-186 had the wider scope for the apex court’s jurisdiction.
The question of desirability vested with the President under Article 186 of the Constitution, he added.
He said there were two kinds of legislation - one framed by the Parliament and the second was called precedent law.
He said it were not the judges who had to decide the issue of bias, rather the litigants had to decide how they were getting justice.
“Do judges are allowed to express indignation during proceedings, which happened during trial of late Bhutto?” he questioned.
The CJ told him that ‘a President’ being head of the country, ought to function for all its subjects and hence, all citizens were equal before him,including those of elite class and those living in slums.
He questioned if the court re-opened a close and decided case, then people from all walks of life would start approaching the courts with requests to revisit their closed cases.
He asked the counsel to guide the bench through a mechanism or judicial precedent through which they could give their opinion over ZAB’s case without opening floodgates for future litigations.
He observed that during their meetings in Karachi, Advocate general Sindh had told him that there were about 300 mercy applications pending with the President so what would become of them.
Dr Babar said that the question of law was involved in the case and it was only the domain of court to interpret it.
“The Supreme Court is mandated by the Constitution and it is its prerogative to decide whether a controversial verdict should remain on the PLD (Pakistan Legal Decisions) pages,” he added.
Justice Jawwad S. Khawaja said that the President had unfettered powers under Article 186, but they as judges were bound over the issue.
Advocate General Sindh Fatah Malik in his arguments said that the founder of 1973 Constitution was hanged through an unfair trial and the apex court could undo the injustice.
To a bench’s query, he replied that the court had expanded its jurisdiction in Nawaz Sharif’s case and granted relief even after passage of many years and in this case it should also exercise its powers.
The CJ told him that the particular case was not related to Article 186 of the Constitution.
He said that they should be assisted on law points and constitutional arguments rather than through emotional way because their decision over the issue would be going to set a precedent in future.
Justice Sarmad Jalal Osmani remarked that law was equal for everybody.Fatah said that the President was asking for the court’s opinion and holding of trial was the right of every individual which was also an equal question of law.
He said the judges, who wrote the verdict, also regretted that the trial was not fair.
Justice Mian Saqib Nisar reminded him that according to him the Parliament had the right to undo such case, then why should not it exercising its powers.The Advocate General replied that the Parliament was not a substitute for Article 186.
He said that this court had granted relief even to dictators and in this case, it should also exercise its jurisdiction.
Abdul Hafeez Pirzada and Fakharuddin G. Ebrahim, who were appearing as friends of the court to assist it over the issue, maintained that the court had the jurisdiction to hear the reference. They said that the reference was maintainable.
Pirzada said that even in European history, a century old case was reopened.He said the courts, which handed down death sentence to ZAB at that time,were under the martial law regime which was evident from the verdict.
Citing Sindh High Court Bar Association’s verdict, he said the court had annulled many things and exercised its wider jurisdiction.
He prayed to the court to keep the issue alive and did not shut doors on mere maintainability issue.He contended that the Constitution permitted the court to hold review of a case even if it was final.
To a bench’s query, he said the cases of common litigants would come to this court in case if the President, who was empowered under Article 186, referred them.
Fakkharuddin G. Ebrahim stated that judges, who awarded death sentence,were under the influence of military regime.
Further hearing was adjourned till Thursday.

link: http://app.com.pk/en_/index.php?option=com_content&task=view&id=173489&Itemid=2

Bhutto case can not be reopened: CJP.

2012-01-03T23:41:00.000+05:00

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry has remarked that any case whose verdict has been passed cannot be revised by the apex court, adding that all stages of trial, appeal and review have been completed in ZAB reference case.
An 11-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry heard presidential reference for revisiting Zulfiqar Ali Bhutto death sentence case on Tuesday.
Justice Iftikhar Muhammad Chaudhry said that court can only deliver its proposition in the case, instead revisiting it.
The Chief Justice asked Babar Awan to refer any position where a closed case has been reopened, adding that appeal and review in this case have already been completed.
Dr Awan submitted two relevant references, likewise, ZAB death sentence case, adding that there is no such example in which case had been reopened on presidential reference but there are many case which were sent to the parliament by the court.
Babar said that this wrong decision has been given by the court and court should correct its mistake.
In reply, Chief Justice clarified that only aggrieved can seek case reopening not the constitutional authority (President).
Federation’s Lawyer Babar Awan said that a decision should be redressed lawfully and morally if it is prejudiced against a person. The
Chief Justice replied that more than 300 people’s mercy appeals are pending before the president, adding that if SC reopens Bhutto case all applications would come to the court for reopening the case.
Chief Justice said that the consequences of the reopening should also kept in mind, adding that it is impossible to review every single one case of those cases.
The Chief Justice said that the court’s liability is limited in the case and it can only give its opinion, adding that the court only wants to see whether a case can be reopened through a reference or not.
After the completion of arguments by federation counsel Attorney General argued the case and said that there is no example of such case that was reopened on presidential reference.
Advocate General Punjab Muhammad Hanif Khatana also argued that a case can neither be reopened nor reviewed through references.
The case has been adjourned till today (Wednesday).
Last year, President Asif Ali Zardari revived the presidential reference to reopen the case relating to Zulfikar Ali Bhutto’s death. The government had asked the Supreme Court to take up the case at the earliest opportunity.

link: http://www.sananews.net/english/2012/01/zab-case-can-not-be-reopened-cjp/

CJP said that SC fully aware of its constitutional role.

2012-01-03T19:25:00.000+05:00

* Says SC adjudication based on facts

* SC will never allow any transgression on dignity of citizens

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry, while speaking at the full court reference on the demise of Justice Muhammad Afzal Zullah, said the Supreme Court was fully aware of its constitutional role, and would always decide cases according to the dictates of law, without fear or favour.

Addressing the reference on Monday, he said the cases were adjudicated on facts, disregarding the consequences, and irrespective of the status of the parties that appear before the court.

The chief justice said the court was fully aware of its constitutional role, which was to administer justice freely, fairly and impartially. Referring to the contributions of the late CJ over human rights issues, he said that having such legacy, the Supreme Court would always work for the betterment and welfare of the people, and would never allow any transgression on the dignity of citizens. “We have sworn to preserve, protect and defend the constitution. This court will always decide cases according to the dictates of the law, without fear or favour, affection or ill-will,” he added. The chief justice, expressing his resolve, said that being the torchbearer, the Supreme Court would never let down the dignity inherited from a legend like late Zullah.

Paying tribute to the late judge, he said that his landmark judgements would always provide intellectual guidance both to the members of the Bench and the Bar. The chief justice recalled one of Justice Zullah’s reported cases of 1992, wherein, a poor lady from Peshawar could not present her complicated case of inheritance before the court, his lordship provided her the assistance of a competent civil lawyer. He said that from the hands of such a visionary and intellectual individual, the foundation stone of the building of Federal Judicial Academy was laid down on April 13, 1991. “He is considered to be amongst the pioneers of public-interest litigation in the country. He initiated a suo motu action on a telegram, when he, prima facie, considered it to be a case falling in the category of public-interest litigation and within the jurisdiction of this court,” he added.

He said that Justice Afzal Zullah vigorously pursued his mission of serving society and doing good for the betterment of the nation. With hard work and dedicated efforts, he served the nation by consistently striving to give relief to the aggrieved, come to the rescue of the deprived and the oppressed segments of society, restore rights and entitlements to the legitimate owners; which he did both as a counsel and as a judge, through the dispensation of justice, he added. “As a chief justice, through his colossal efforts, a campaign was initiated to decide cases justly, fairly and expeditiously.

Through his strenuous efforts, he gave new dimensions to the judicial activism, rather he is among the founders of judicial activism in Pakistan,” he added. The chief justice, on behalf of all the judges expressed his deep sorrow over the demise of late Zullah, and shared sympathies with the bereaved family. A large number of lawyers, court and law officers were present during the Reference. hasnaat malik/agencies

link: http://www.dailytimes.com.pk/default.asp?page=2012%5C01%5C03%5Cstory_3-1-2012_pg7_19

SC asks Awan to cite case where verdict like Bhutto’s was revisited.

2012-01-03T17:28:00.000+05:00

ISLAMABAD - The Supreme Court on Monday asked federation’s counsel Babar Awan to cite any case from around the world where a verdict was revisited in such a case that was decided through due process of law, like the case of former prime minister and PPP founder Zulfikar Ali Bhutto.
An 11-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a reference filed by President Asif Ali Zardari under Article 186 (advisory jurisdiction of Supreme Court) seeking review of the death sentence awarded to Bhutto in 1979.
At the onset of hearing, one of the amicus curiae, Justice (r) Tariq Mehmood, submitted a request before the court, stating, “In view of the apprehensions expressed by Ahmed Raza Kasuri over the amicus curiae, I express my inability to assist the court in the reference - thus it is accordingly, prayed that I may be relieved from the assignment”.
He informed the court that he was unable to assist the court in the reference as he had been affiliated with the PPP in the past. The court accepted his request and relieved him.
In his reply to the court’s notice, Kasuri questioned the impartiality of seven of the 10 amicus curiae appointed by the SC to assist it in the reference, saying they could be friends of the court, but certainly not friends of the complainant (Kasuri).
According to him, Abdul Hafeez Pirzada, Fakhruddin G Ebrahim, Barrister Aitzaz Ahsan, Abdul Latif Afridi, Barrister Zahoorul Haq, Ali Ahmad Kurd and Tariq Mehmood had a strong leaning and unstinted loyalty towards Bhutto.
Another amicus curiae, Barrister Aitzaz Ahsan, told the court that although his name had also been objected to by Kasuri, he would continue to assist the court by setting aside his political affiliations with the PPP, only if the court allowed.
To a court query, he said he was a PPP worker and his sympathies would remain with the party, however, he would try his best to assist the court neutrally, keeping in mind the law and the constitution and keeping his party affiliations aside. The court then asked him to continue assisting the court. Meanwhile, the chief justice noted that Azizullah, son of Justice (r) Anwarul Haq, had filed an application before the court to become party in the ZAB reference. Azizullah is the son of former chief justice of Pakistan Anwarul Haq, who had headed a four-member bench and upheld the Lahore High Court verdict of capital punishment to Zulfikar Ali Bhutto.
The court directed that copies of Azizullah’s application be provided to all parties concerned.
The chief justice observed that only concerned parties of the case were competent to approach the court in the matter.
The court asked Babar Awan to present any precedent in the world of reopening an already decided case, to which Awan contended that the apex court might set such a precedent.
The chief justice observed that there was no example in law where an already decided case was reopened. In the Bhutto case, all stages of trial had been completed, the CJ said.
The court noted that although president enjoyed the constitutional authority to send any such reference to the court, the federation’s counsel should give a reference from the judicial history of the world where a constitutional head of the country had sent such a reference and the court had reopened the case. The proceedings were adjourned until today (Tuesday).

link: http://www.pakistantoday.com.pk/2012/01/sc-asks-awan-to-cite-case-where-verdict-like-zab%E2%80%99s-was-revisited/

Justice Tariq no longer assisting SC in Bhutto reference case.

2012-01-02T21:06:00.001+05:00

ISLAMABAD: An 11-judge bench of the Supreme Court, headed by Chief Justice Iftikhar Mohammad Chaudhry, on Monday heard the presidential reference on revisiting the murder trial of former prime minister Zulfikar Ali Bhutto, DawnNews reported.
During the hearing, Justice (rtd.) Tariq Mehmood requested the court to excuse him from providing assistance on the reference. The court accepted the request.
Meanwhile, Barrister Aitzaz Ahsan said that Ahmed Raza Kasuri had also objected to his assisting the court over the reference but that he would not request dissociation from the case.
Moreover, Azizullah, a son of Justice Anwarul Haq, has written to the apex court to make him a party in the case.
Subsequently, the reference’s hearing was adjourned until Jan 3.
Earlier on Saturday, Ahmed Raza Kasuri had submitted a reply opposing the case’s reopening and said that the president was an “interested party”.
Kasuri’s complaint had implicated Bhutto in the conspiracy to kill his father, Nawab Mohammad Ahmed Khan.
In a four to three split verdict, a seven-judge Supreme Court bench had upheld the Lahore High Court’s verdict of awarding death sentence to the former prime minister in March 1979 during the rule of then army chief Gen Ziaul Haq, who had overthrown the PPP government in July 1977.
After reaching a consensus, an 11-judge bench had on Dec 12 decided to summon Kasuri, in the interest of justice.
In his reply filed in the apex court on Saturday, Kasuri had questioned the impartiality of seven of the 10 amici curiae appointed by the court to assist it in the reference, saying they could be friends of the court, but certainly not the friends of the complainant (Kasuri). According to him, Abdul Hafeez Pirzada, Fakhruddin G. Ebrahim, Barrister Aitzaz Ahsan, Abdul Latif Afridi, Barrister Zahoorul Haq, Ali Ahmad Kurd and Tariq Mehmood had a strong leaning and unstinted loyalty towards Bhutto.

link: http://www.dawn.com/2012/01/02/sc-hears-bhutto-reference.html

Awan’s criticism of court order; hearing will be on 4th January.

2012-01-02T21:02:00.001+05:00

ISLAMABAD: The Supreme Court would take up on January 4 the matter pertaining to the press conference of PPP leaders who criticised the apex court’s December 1 order in the memo case, by forming a judicial commission for probing the memo controversy.

Chief Justice Iftikhar Muhammad Chaudhry ordered to fix the matter in accordance with law before the Bench No VII of the apex court. “After perusal of the transcription of the December 1, 2011 press conference addressed by Dr Babar Awan, in presence of three others on the same date as well as reply/reaction of the Prime Minister of December 23, 2011 and November 26, 2011, filed through Attorney General Maulvi Anwarul Haq, it is considered appropriate to take up this matter on judicial side. Thus, office is directed to place the matter before Bench No VII on January 04, 2012, for proceedings in accordance with law,” the CJ said in his order.

Some PPP leaders, including Information Minister Firdous Ashiq Awan and former Law Minister Babar Awan on December 1, 2011, soon after the court order, announcing formation of a judicial commission for probing the memo issue, had criticized the order of the apex court and ridiculed the judiciary.

The CJ, while taking the notice of the press conference, had asked the prime minister to submit his clear stance on the assertions of the press conference holders. The PM, in compliance with the court’s order, had submitted before the court that the aim of the press conference was not to ridicule the judiciary. He had submitted that the incumbent government respects the judiciary and they believe the supremacy of the law and constitution.

link: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=85404&Cat=2

Kasuri urges Supreme Court to dismiss ZAB reference.

2012-01-01T20:14:00.000+05:00

In pursuance of apex court's direction, Ahmed Raza Kasuri on Saturday submitted reply in Supreme Court (SC) on presidential reference to revisit ZAB case with a plea to dismiss it, arguing that the SC has no jurisdiction to reopen the case.
Kasuri had lodged an FIR against the then premier and Pakistan People's Party (PPP) founder, Zulfiqar Ali Bhutto, in the murder case of his father Nawab Muhammad Ahmed Khan, who was killed on November 11, 1974, in Lahore.
In his 72-page reply, Kasuri contended that the court had no jurisdiction to reopen the ZAB case under Article 186 of the Constitution and requested for the dismissal of the reference.
An 11-member larger bench of the Chief Justice Iftikhar Muhammad Chaudhry will resume the hearing of presidential reference from Monday (tomorrow).
Kasuri further contended that a full court of Supreme Court had already rejected unanimously review petitions in ZAB murder case.
Therefore, there is no justification to reopen the case, according to him.
"That instant case falls within the purview of settled principle of Law ie 'Closed and Past transaction.' Since the administration of Justice heavily lean in favour of 'Finality' hence a litigation, which is closed and past, cannot be reopened, indirectly through Article 186 of the Constitution.
Beside word 'revisit' is unknown both to Law and Constitution.
One does not find any mention of word 'revisit' in any legal dictionary," Kasuri argued in his concise statement.
As far as advisory jurisdiction of the SC is concerned it has already given its judgement so it is not tenable keeping in view the interpretation of Article 186 of the Constitution, according to him.
He cited Supreme Court of India (AIR 1992 SC, 522).
He also cited Article 143, of Indian Constitution which, according to him, is identical to Article 186 of Pakistan's Constitution.
Kasuri, who is a senior lawyer, added that the President was constitutionally empowered to seek advice or opinion of the apex court and the SC had to answer the reference but subject to conditions that the matter would be a live issue and not previously decided by this court.
He warned that the exercise of examining the whole record would open a Pandora's box and lift floodgates of futile litigation, which would result in inviting a "Judicial Tsunami" to courts.
Kasuri further argued that in case if SC delivered its opinion that the judgement of the SC was a result of a bad trial, the brother judges of this Court would be stigmatised in the eye of public at large.
"Would it not be a requirement of justice and fair play that notice should be given to them (justices) if they are alive or to their legal representatives if they are dead, to defend their dignity, honour, judgement, trial and their judicial conduct," he added.
"Present reference sent by the President of Pakistan to Supreme Court of Pakistan and the question raised there may kindly be answered in the negative, since a 'matter which cannot be decided directly, cannot be decided indirectly', as Mr Bhutto availed the direct jurisdiction of SC under Articles 185 (2 ) (b) and 188 of the constitution against the impugned Judgement of Lahore High Court, Lahore, dated 18-03-1978, in criminal original No 60 of 1977, thus Mr Bhutto's conviction cannot be set aside indirectly under Article 186 of the constitution, as the advise of the SC cannot supersede its own Judgement, on the same matter/subject," he contended.
The SC on December 12 inquired whether it would not be necessary that the complainant whose father Nawab Muhammad Ahmed was killed on November 11, 1974, in Lahore be granted an opportunity to appear before the court in this case.
Aitzaz Ahsan, an amicus curiae, informed the court that there was consensus that notice should be issued to complainant Ahmed Raza Kasuri in the interest of justice.
Abdul Hafeez Pirzada, another amicus curiae, said Bhutto's trial was vitiated due to bias, adding that a notice to Kasuri was essential.
He said that the court should hear the case in exercise of its suo motu jurisdiction and not under Article 186.

link: http://www.brecorder.com/general-news/single/599/172/1138666/

Chief Justice forms three-member commission.

2011-12-31T21:07:00.000+05:00

ISLAMABAD: A nine-member bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry on Friday declared petitions in Memo Case maintainable after hearing arguments from both the sides in length.
The bench also announced a three-member Commission headed by Chief Justice Balochistan High Court, Justice Qazi Faiz Isa and comprising Chief Justice Sindh High Court Justice Mushir Alam and Chief Justice Islamabad High Court Justice Iqbal Hameedur Rehman. District and Sessions Judge Islamabad Jawad Abbas has been announced as Secretary of the Commission.
The Commission has been directed to complete its investigation within a period of four weeks.
In its short order passed by the bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Jawwad S. Khawaja, Justice Tariq Pervez, Justice Mian Saqib Nisar, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Muhammad Athar Saeed decided that petitions were maintainable.
The bench held that in these petitions, petitioners have succeeded in establishing that the issues involved were justifiable and question of public importance with regard to enforcement of fundamental rights, prima facie, under Articles 9, 14 and 19A of the Constitution has been made out. Thus, the petitions under Article 184(3) of the Constitution were declared maintainable.
According to the order, the Commission shall hold its meetings in the building of Islamabad High Court. The Commission shall be exercising all the powers of Judicial Officers for the purpose of carrying out the object mentioned hereina bove and it shall be free to avail itself services of advocates, experts of forensic science and cyber crimes. All the Federal Secretaries, including Interior Secretary, Secretary Cabinet, Secretary Foreign Affairs; Chief Secretaries of all the provinces; Director General Federal Investigation Agency (FIA), Inspector Generals of Police of all the provinces and Ambassadors of Pakistan to USA and UK, shall provide necessary assistance to the Commission.
The government of Pakistan through Secretary Cabinet Division shall provide logistic support to the Commission, subject to its demands through the Secretary of the Commission.
The Commission shall be authorized to collect evidence within and outside Pakistan according to prevailing laws on the subject.
The Commission shall provide full opportunity of hearing to all the parties.
“It is to be noted that the reply submitted before the Court by Mansoor Ijaz, inter alia, comprises of certain documents including exchange of e-mails and other communications using the BlackBerry Messaging service commonly known as BBM between them i.e. Mansoor Ijaz and Hussain Haqqani were in constant touch either through BBM, e-mails or voice calling w.e.f. 9th to 12th May, 2011,” the order said.

link: http://www.pstimes.com/2011/12/31/chief-justice-forms-three-member-commission-sc-declares-memo-petitions-maintainable/

SC accepts pleas against memogate.

2011-12-30T20:08:00.000+05:00

ISLAMABAD, (SANA): Supreme Court of Pakistan has constituted three member Judicial commission to probe into memogate scandal within four weeks, meanwhile apex court announced that the petitions filed by Nawaz Sharif and others requesting a judicial inquiry into the memo scandal were maintainable.
A Nine-member Bench of SC headed by Chief Justice Iftikhar Muhammad Chaudhry announced the verdict on Friday.
Moreover, the apex court ordered a judicial commission, based on high court Chief Justices to be formed to further investigate the issue. The commission will be headed by Chief Justice Balochistan High Court Justice Qazi Faiz Isa and will comprise of Chief Justice Sindh High Court Justice Masheer Alam and Chief Justice Islamabad High Court Justice Iqbal Hameedur Rehman.
District and Session Judge Jawad Abbas will as secretary of the commission. The Supreme Court also ordered the commission to complete the investigation in four weeks.
According to the decision, an earlier court order that restricts former Ambassador to the US Hussain Haqqani from leaving Pakistan without permission will also stay intact. The court has also decided that parliamentary can also hold the probe into the memo case.
Supreme Court says it will investigate the scandal surrounding an unsigned memo seeking Washington s help to rein in the powerful military, a decision that is bound to pile pressure on the weak civilian government.
The court has also said the memo case is a public matter and needed to be investigated. The court has also formed a commission headed by the Chief Justice Balochistan Qazi Faez Isa.
The chief justice began with terming the Objective Resolution as part of the Constitution. The President, prime minster and army have held many meetings in this regard, said the CJP.

The court has said that the Commission shall hold its meetings in the building of Islamabad High Court. The Commission shall be exercising all the powers of Judicial Officers for the purpose of carrying out the object mentioned hereinabove and it shall be free to avail services of advocates, experts of forensic science and cyber crimes. All the Federal Secretaries, including Interior Secretary, Secretary Cabinet, Secretary Foreign Affairs; Chief Secretaries of all the provinces; DG, FIA; Inspector Generals of Police of all the provinces and Ambassadors of Pakistan in USA and UK, shall provide necessary assistance to the Commission.
Government of Pakistan through Secretary Cabinet Division shall provide logistic support to the Commission, subject to its demands through the Secretary of the Commission.
The Commission shall be authorized to collect evidence within and outside Pakistan according to prevailing laws on the subject.
The Commission shall provide full opportunity of hearing to all the parties.
The Commission is required to complete this task within a period of four weeks after receipt hereof.
Cort has directed SC office to put a separate note in the Chambers of Chief Justice of Pakistan along with the transcription of the press-conference dated 1st December, 2011 of Mr. Babar Awan, Sr. ASC along with replies/reactions of the Prime Minister of Pakistan dated 23rd December and 26th December, 2011 for passing appropriate orders.
The further hearing of the petitions has adjourned for a date to be fixed by the office after receipt of the report from the Commission.
Earlier, during the Friday’s court proceedings began with the arguments of Pakistan Muslim League-Nawaz (PML-N) Chief Mian Nawaz Sharif’s counsel Rasheed A. Rizvi, who said an air of hostility is unjustifiably being spawned against the petitions.
He said it is the apex court alone which can conduct memo probe in transparent manner.
Heading a nine-strong SC bench hearing the petitions to ascertain their maintainability, Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry remarked the court is not declaring anyone responsible for it.
The CJ said the petitioner will have to make it clear as to which of his fundamental rights was hurt, adding the court not only will identify the hurt right, but also ensure preservation of that right.
Rizvi said his plea is not meant against any specific person, adding Federal Interior Minister Rehman A. Malik admitted the existence of exchange of messages between former ambassador of Pakistan to the US, Hussain Haqqani and Mansoor Ijaz.
The Interior Ministry has not as yet contradicted Malik’s assertion, he added.
Completing his arguments, the PML-N chief’s counsel contended the government committed criminal negligence by not opting for immediate investigations into the scandal.
Justice Jawwad S. Khawaja remarked it is imperative for the nation to know that who wrote the memorandum and why, adding the government proclaims it had no information over the issue; but, some pathway will have to be picked up to access the necessary details involving the memo.
The Chief Justice said the fact whether the state or an individual was responsible for the writing of memo, requires investigations.
The court declared in Sindh High Court (SHC) case that martial law runs counter to the citizen’s prestige, Rasheed A. Rizvi said.
Nawaz’s counsel said, “If martial law imposed by country’s own armed forces stands in stark conflict with prestige of a citizen, then, domination by some other country is a thing far beyond,” adding term ‘national security’ is not ambiguous.
Article-207 of the Constitution defines it, he added submitting the internal strives among the people does not under its purview.
Justice Saqib Nisar said the Article-9 does not mention national security; meanwhile, Justice Tassadduq Jilani remarked Article-5 notes the loyalty of citizens that is vital for national security.
Justice Aijaz Afzal observed Article-15 mentions individual’s esteem, questioning whether the right of a citizen could be ensured without ensuring national honor in the world.
“The measure feared to wound national prestige, stands opposed to a civitizen’s honor as well,’ Justice Aijaz remarked if the step to damage national honor is taken up by a foreigner, it should be investigated into.
Contradicting Asma Jahangir, the counsel of main figure in the case Hussain Haqqani’s Ishaq Dar said Hussain had earlier stated that he tendered resignation in accordance with directives given to him.
It means he did not resign of his own accord, he added criticizing the government, ‘The government is so serious that it called a meeting over the issue after 14 days.’
He said he submitted a requisition for the Senate session as the memo issue surfaced, stressing a letter to Chairman Parliamentary Committee was written on November 21.
Dar noted the December 2 session was adjourned over quorum basis without undertaking any proceedings, adding the session starting December 9 continued for 12 days but, memo scandal was not given thought.

link: http://www.sananews.net/english/2011/12/sc-accepts-pleas-against-memogate-forms-high-power-judicial-commission-to-probe-issue/

Democratic gov. did not nullify acts of military ruler: CJP.

2011-02-06T13:03:00.000+05:00

The Chief Justice of the Pakistan Supreme Court, Iftikhar Muhammad Chaudhry, has expressed concern that the democratic government, which replaced military rule, did not undo or nullify the acts and actions of the military ruler.
“The democratic government did not validate or condone the acts and actions taken by the military ruler, but at the same time, such acts/actions were not undone or nullified,” Mr. Chaudhry said, adding that it was the judiciary that brought an end to the constitutional deviation and established the rule of law and constitutionalism.
He was delivering the keynote address at the inaugural of the 17{+t}{+h} Commonwealth Law Conference that began here on Sunday. The event is being attended by Chief Justices, judges, representatives of the Commonwealth Lawyers Association, and legal luminaries from 54 countries.The four-day conference will deliberate on various issues in four streams — constitutionalism, human rights and rule of law, corporate and commercial law, legal and judicial profession — and contemporary legal topics.
Mr. Chaudhry described how the judiciary in Pakistan had passed through different phases in the face of unconstitutional measures and ensured its independence in all the circumstances. He recalled the November 3, 2007 promulgation of emergency, which was declared “illegal and unconstitutional” by the Supreme Court in its landmark order the same day.“The military dictator continued ruling despite resistance from the judiciary, legal fraternity, students, media and other segments. The judiciary, sacked by adopting unconstitutional devices, was ultimately restored,” he said.
TRANSPARENCY NEEDED
However, Mr. Chaudhry, who stressed the need to ensure transparency in the judiciary for achieving faster economic growth, deplored the fallacy of the international trade regime.“While the World Bank, the IMF and the WTO strictly prohibit subsidies in developing countries, especially in agriculture and farming, richer and industrialised countries heavily protect their agriculture sector,” he said.
‘MINIMUM CORE APPROACH'
Chief Justice of India S.H. Kapadia stressed the need to adopt a minimum core approach to help the needy. Asserting that economy, technology and other fields could not be segregated from law, he suggested that the government consider the minimum core approach, with a focus on people below the poverty line and those marginally above, to provide benefits.“With its limited resources, the government cannot provide services on the basis of equality, so deprivation should be taken as the basis for reaching out benefits. It is just a shift in the approach that will bring a new jurisprudence that can enable enforceability,” he said.Justice Kapadia urged Prime Minister Manmohan Singh to consider constituting the Indian Regulatory Services on the lines of the IAS and the IPS, roping in experts in regulatory laws. “What we need is expertise and there are people in the country,” he said.

link: http://www.thehindu.com/news/national/article1162725.ece

SC urgent Order of Mid October.

2010-10-15T16:54:00.001+05:00

ISLAMABAD: The Supreme Court in its short order in the case regarding withdrawal of judges' restoration notification reports stated that the government has failed to satisfy the Court and any attempt to remove the judges would be tantamount to treason, Geo News reported Friday. The court said that the executive order of 16th March 2009, restoring the sacked judges has lost its effectiveness after the 31st July 2009, verdict and heads of all constitutional organs must abide by the judgement. The order also restrained all the heads of constitutional organs of the country including the president from restoring it. The court also noted that the media reports were not false and asked the government to probe into the matter and submit the report on October 18, 2010. Later, the hearing was adjourned till October 18 with the instruction that a clear-cut policy statement must be submitted on the day. Earlier, the government sought more time to reply to the Supreme Court's explanation regarding government's policy regarding notification of restoration of judges. The Attorney General of Pakistan, Maulvi Anwar ul Haq appeared before the court and said the prime minister was busy in some official engagements in Lahore and could not spare time to write down the policy. When the bench asked the AG whether he has met the prime minister, the AG replied, 'No'. The court expressed displeasure and asked what sort of meeting the premier was attending that he even cant spare two minutes. A 17-judge bench of the Supreme Court today sought a written statement signed not other than by the premier himself about the government's policy regarding notification of restoration of the judges.

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Press Release of Supreme Court of Pakistan

As per reports telecast tonight on several TV Channels including AAJ, GEO & ARY, alleging that the Government is considering to withdraw the notification/executive order dated 16.03.2009 of restoration of the Chief Justice of Pakistan and other Judges of the Supreme Court of Pakistan and Chief Justices/Judges of High Courts. Some newspapers have already reported this issue as well. Earlier on, few months ago, a similar statement was made by one of the high constitutional office holders in the Parliament.

2. As the news item was flashed by other TV channels, some channels have also telecast denial today (14.10.2010) from the Government, saying that there is no truth behind the said news.

3. It may be clarified that the issue of restoration of Judges through notification has already been conclusively settled by the Supreme Court of Pakistan in its judgment dated 31.07.2009 in the case of Sindh High Court Bar Association v. Federation of Pakistan (PLD 2009 SC 879), relevant paragraphs whereof are reproduced below:

“21. The Proclamation of Emergency issued by General Pervez Musharraf as the Chief of Army Staff (as he then was) on November 3, 2007; the Provisional Constitution Order No.1 of 2007 issued by him on the same date in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him also on the same date though as the President of Pakistan but in exercise of powers under the aforesaid Proclamation of Emergency and the Provisional Constitution Order No.1 of 2007; The Provisional Constitution (Amendment) Order, 2007 issued by him like-wise on 15.11.2007; the Constitution (Amendment) Order, 2007 being President’s Order No.5 of 2007 issued on November 20, 2007; the Constitution (Second Amendment) Order, 2007 being the President’s Order No.6 of 2007 issued on 14th December, 2007; the Islamabad High Court (Establishment) Order 2007 dated 14th December 2007 being the President’s Order No.7 of 2007; the High Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No.8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No.9 of 2007 dated 14th December, 2007 are hereby declared to be un-constitutional, ultra-vires of the Constitution and consequently being illegal and of no legal effect.

22. As a consequence thereof:

i) the Chief Justice of Pakistan; the Judges of the Supreme Court of Pakistan; any Chief Justice of any of the High Courts and the Judges of the High Courts who were declared to have ceased to hold their respective offices in pursuance of the afore-mentioned alleged judgments or any other such judgment and on account of the instruments mentioned in Para 21 above, shall be deemed never to have ceased to be such Judges, irrespective of any notification issued regarding their reappointment or restoration;”

4. It may be stated that the issue of appointment or removal of Judges is clearly prescribed by the Constitution of Pakistan, which has been elaborated through successive verdicts of the Supreme Court. The Supreme Court has held time and again that a Judge of the superior judiciary may not be removed except on the grounds and as per procedure laid down in Article 209 of the Constitution.

5. In view of the facts stated above, the Hon’ble Chief Justice of Pakistan, on a note moved by the Registrar, has ordered registration of the matter as Civil Miscellaneous Application and its fixation before a 17 – Member Bench on 15.10.2010. Notice have been issued to the Attorney General for Pakistan.

link: http://www.movementforruleoflaw.com/updates/urgentorderofoct.php

CJ says okay for absence of Raza Rabbani.

2010-10-01T21:17:00.001+05:00

ISLAMABAD: The Supreme Court is currently hearing a case regarding Eighteenth Constitutional Amendment with a 17-judge bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry.

Today the court was told that Head of the Constitutional Reforms Committee Senator Raza Rabbani has decided to appear before the court.

Today the court opened with the arguments of Akram Sheikh Advocate.

Earlier, Attorney General presented the letter from Senator Raza Rabbani, saying he has made up his mind to appear before the court. The AG read out the letter to the court.

On this, the CJ said there is seemingly some miscommunication; if he does not want to come, it is his will albeit he is party to three petitions and he was served notices according to the regulations.

The CJ Chaudhry said Wasim Sajjad told during a hearing that Raza Rabbani wanted to appear before the court of his own accord.

However, the senator’s letter said he was not summoned by the court; hence, he needs not go there.

Raza also wrote that his statement regarding court’s summon to parliamentarians was wrongly attributed to him, adding the effort was made to create misunderstanding in court and the Parliament.

link: http://www.sananews.net/english/2010/09/29/cj-says-okay-if-raza-rabbani-does-not-want-to-come

Supreme Court has granted 10 days to appoint NAB chief.

2010-10-01T21:07:00.000+05:00

ISLAMABAD: The Supreme Court on Thursday granted ten days time to the government of Pakistan for the appointment of chairman National Accountability Bureau (NAB).

Attorney General Maulvi Anwarul Haq prayed for the early hearing of the petition he filed on Wednesday evening seeking three weeks time for the appointment of NAB Chief.

“We can give you only ten days for his appointment as 17-member larger bench has already been constituted for the hearing of NRO review appeal as well as NRO implementation case on October 13,” Chief Justice Iftikhar Muhammad Chaudhry remarked while presiding over the three-member bench of the Supreme Court comprising Justice Tariq Pervez and Justice Ghulam Rabbani.

NAB chief has an important role in the implementation of NRO verdict in letter and spirit and he must be answerable to the court for some important questions, the chief justice further said while addressing the attorney general.

Later he adjourned the hearing till October 10.

Attorney General Maulvi Anwarul Haq had filed a petition on Wednesday evening seeking a further three weeks’ time from the apex court to appoint a new chief of the National Accountability Bureau (NAB).

Under the new constitutional arrangement following the passage of the 18th amendment, Prime Minister Yousaf Raza Gilani is bound to take the opposition leader in the National Assembly into confidence before choosing anyone for the key slot.

The negotiations between the two are reported to be stalled at the moment.

The Supreme Court had earlier directed the government to appoint Chairman NAB by September 30 and following this order the government suggested four names for the job, namely, former Chief Justice of Pakistan Justice Abdul Hameed Dogar, Justicd (retd) Sardar Raza Khan, Justice (retd) Faqir Muhammad Khokhar, Mehmood Salim and two former parliamentarians of PPP.

Leader of the opposition Chaudhry Nisar Ahmad Khan, however, rejected all these names, and has been insisting that a sitting judge should be appointed as Chairman NAB. At the time of filing this report, no new names for the post had been suggested to the opposition leader for consultation.

link: http://tribune.com.pk/story/57049/govt-given-10-days-to-appoint-nab-chief

Supreme Court reserves judgment.

2010-10-01T20:42:00.002+05:00

ISLAMABAD: The Supreme Court on Thursday reserved its judgment on identical petitions seeking to strike down certain provisions of the 18th amendment, especially the Article 175-A dealing with the appointment of top judges.

“The verdict would be announced at some appropriate time later,” Chief Justice Iftikhar Muhammad Chaudhry, who headed the 17-member larger bench of the apex court hearing multiple challenges to the piece of legislation, announced.

He also dismantled the bench constituted especially for the hearing of this important constitutional case about four month ago.

Around 16 petitioners including Supreme Court Bar Association, Lahore High Court Bar Association, District Bar Association Rawalpindi, Abdul Hafeez Pirzada, Nadeem Ahmed Advocate and Barrister Zafrullah Khan had challenged the 18th amendment to the extent of Article 175-A in the Constitution, praying the apex court to declare it ultra vires of the Constitution.

On Thursday Rashid A Rizvi, counsel for Sindh High Court, and Abdul Hafeez Pirzada completed their arguments.

During the course of hearing the judges in their remarks said that it is up to the parliament to amend the Constitution and set any amendment right.

Rashid A Rizvi argued that the judiciary in Britain had no power regarding judicial review prior to 1998; accordingly, the parliament of the country was said to be supreme. He contended that attorney general and law minister should be expelled from the committee and the commission meant for the appointments of superior court judges.At this, Justice Khalilur Rehman Ramday said this is the procedure not to save the amendment but to butcher it. Justice Jawwad S Khawja observed that the court cannot say who must be expelled and included, as this is the job of the parliament to‘re-engineer’ the issue. He remarked that the court could not barge into the limits of the parliament, as the parliament is there to set right the Constitutional amendment.

Justice Saqib Nisar observed that it is the constitution that empowers the parliament to effect Constitutional amendment.

Justice Khalilur Rehman Ramday said the commission for the appointment of judges was made in Britain in isolation from the executive; but, in Pakistan, the same commission is being instituted at the heart of the executive. Senior lawyer Abdul Hafeez Pirzada said the court has the constitutional jurisdiction to strike down amendments made in the basic structure of the constitution. He submitted that this court had ruled in the Syed Zafar Ali Shah case that even in time of emergency, fundamental rights cannot be suspended. He contended that Article 175- A is against the independence of judiciary.

link: http://tribune.com.pk/story/57012/supreme-court-reserves-judgment

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ISLAMABAD: The Supreme Court on Thursday reserved its verdict for the 18th amendment case, with the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry saying that the ruling would be announced at an appropriate time.

Earlier, the Supreme Court had resumed the hearing of a number of identical petitions challenging certain provisions of the 18th Amendment.

During the course of the hearing, Justice Jawad Khwaja said Parliament has the authority to make amendments but it cannot supercede the parameters of the Constitution.

Justice Saqib Nisar observed that the Constitution in its written form is supreme.

The full court bench headed by Chief Justice Iftikhar Chaudhry is reviewing various clauses, particularly the formation of Judicial Commission. The chief justice had previously said that if the judicial commission’s role is nomination of a judge for the appointment in a superior court, then there is no use of it. “Nomination can be accepted or rejected,” he had said.

link: http://tribune.com.pk/story/56660/supreme-court-reserves-18th-amendment-case-verdict

Supreme Court seeks report within a month.

2010-10-01T20:20:00.000+05:00

Islamabad: Supreme Court has sought detailed report within a month on smuggling of prohibited goods in the guise of Afghan Transit Trade (ATT) and NATO supply and theft/disappearance of container.

A 3-member bench of SC comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and justice Ghulam Rabbani issued these orders during the course of hearing of suo motu case here Thursday.

The court also directed Wafaqi Ombudsman to finalize the investigation and inform the court number of containers and kind of goods supplied through them being dispatched from Karachi to Afghanistan. How many among them reach the destination and how many disappear on their way and how much loss is being caused to national kitty under the cloak of smuggling, court added.

During the hearing renowned journalist Dr Moid Pirzada presented report worked out by former DG Customs Intelligence Lutfullah Work on smuggling through containers.

“Moid Pirzada has taken this step in national interest.

Such allegations against the concerned authorities and departments identify weak management. Investigation be made and facts be ascertained from customs authorities about these weaknesses:”, SC remarked.

link: http://pakobserver.net/detailnews.asp?id=54927

Admin Condemns Israel's Attack on Freedom Flotilla.

2010-05-31T16:07:00.002+05:00

Freedom Flotilla massacre: 19 killed and 60 wounded yet; out of near 700 crew of the goods relief ship "Freedom Flotilla" which was trying to reach Gaza, Palestine. 3 Pakistanis including senior journalist and famous TV anchor "Syed Talat Hussain" and a news producer.

We strongly condemned this brutal action which is taken by Israel. And we demand to Pakistani Govt. to find out our 3 brave professionals and ensure their safety.

Lahore Highcourt lifts ban on Facebook.

2010-05-31T14:23:00.001+05:00

LAHORE: Lahore High Court (LHC) lifted ban on social networking site Facebook nearly two weeks after it was blocked nationwide in a row over blasphemy, Geo News reported Monday.

Lahore High Court on Monday ordered authorities to restore access to Facebook, nearly two weeks after the popular social networking website was blocked nationwide in a row over blasphemy.

Justice Ejaz Chaudhry of the Lahore High Court issued the directive, reversing a May 19 order on the Pakistan Telecommunications Authority (PTA) to block Facebook over "blasphemous" drawings of Prophet Mohammed on the website.

"Restore Facebook. We don't want to block access to information," Chaudhry told the court.

A contest organised by a Facebook user calling on people to draw the Prophet Mohammed to promote "freedom of expression" sparked a major backlash in the conservative Muslim country of 170 million.

Islam strictly prohibits the depiction of any prophet as blasphemous and even moderate Muslims were deeply offended by the drawings that appeared on a Facebook page in an answer to the call for an "Everyone Draw Mohammed Day".

A group of Islamic lawyers petitioned the Lahore court, which had ordered Facebook blocked until May 31 and the PTA then banned YouTube and restricted access to other websites, including Wikipedia.

Chaudhry on Monday asked the government to develop a system to block access to "blasphemous" content on the Internet, which he said was already in place in Saudi Arabia and the United Arab Emirates.

"It is the government's job to take care of such things, which spark resentment among the people and bring them onto the streets. They should take steps to block any blasphemous content on the Internet," Chaudhry said.

The court Monday adjourned until June 15 the petitions from the Islamic lawyers.

Mudassir Hussain, an official from the information technology ministry, told the court that all links to "blasphemous" content on the Internet would remain blocked in Pakistan.

Large FIA contingent escorts Hamesh Khan to SC.

2010-05-27T17:05:00.001+05:00

ISLAMABAD: Hamesh Khan, former president of the Bank of Punjab and the principal accused in a Rs9 billion loan scam, was produced on Wednesday in the Supreme Court which expressed displeasure over the official failure to do something about the lawyers who allegedly received millions of rupees to buy freedom for Sheikh Afzal, the owner of Haris Steel Mills and the main character in the scam.

A three-judge bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday had taken up a BoP petition against the Haris Steel Industry.

Hamesh Khan, who was escorted by senior officials of the National Accountability Bureau and Federal Investigation Agency, informed the court that he had no complaints and that investigators were providing all possible facilities and allowing him to meet his wife Muneera.

The chief justice assured Advocate Sheikh Mahmood, the counsel for Hamesh Khan, that his client would get fair treatment and complete justice and said that his return to the country demonstrated his respect for the legal system.

But the CJ was displeased seeing a large number of FIA officials guarding the accused. “You think Hamesh will flee from the courtroom,” he asked.

“You have failed to get hold of those who plundered the national wealth, but running after those who reposed confidence in the country’s legal system,” the CJ observed. He ordered the authorities to take Hamesh to Lahore and keep him in Chamba House because he could face security problems in Islamabad.

Referring to the slow pace of inquiry against the lawyers who had taken large amounts of money from Sheikh Afzal, the court asked NAB’s Additional Prosecutor General Raja Aamir Abbas to take up the matter with the bureau chairman. The outcome of the meeting and action decided to be taken against the officials responsible should be shared with the court on Thursday, it said.

“We are giving you (FIA officials) warning and will take you people to task,” the CJ said.

He said that millions of rupees had been taken out of the country, but officials were not interested in bringing the money back. “We want return of all that national wealth,” the CJ said.

Sheikh Afzal had earlier informed the court that he had bought a whole lot of ‘worthy’ people to get out of the country, although his name was on the exit control list.

Sheikh Afzal, who was arrested in Malaysia by Interpol and brought to Pakistan, confessed to have allegedly paid Rs50 million to Law Minister Babar Awan, Rs10 million to former adviser Shairfuddin Pirzada, Rs20 million to former attorney general Malik Mohammad Qayyum and Rs7.5 million to Ali Waseem, son of Waseem Sajjad, to get a court verdict in his favour.

Advocate Khawja Haris, the counsel for the bank, said that despite a detailed report on the scam the NAB had failed to proceed against the lawyers.

He alleged that Irfan Qadir, who had been accused by Sheikh Afzal of taking millions of rupees, was recently appointed NAB’s prosecutor general.

The chief justice expressed concern and asked why had the officer not been arrested. “It means all of you have joined hands to protect such people,” the CJ said addressing FIA’s Director Investigation (finance) Sahibzada Raafat Rauf Ali.

When the court was informed that NAB’s Punjab prosecutor general Ejaz Mohammad had sent a reference against some lawyers to the Punjab Bar Council, the court questioned the jurisdiction of the council to adjudicate on such issues.

Khawja Haris insisted that the NAB and FIA had enough evidence against Ali Sajjad and Malik Qayyum but no action had been taken.

Syed Irfan Raza adds:

Talking to reporters after the hearing, Hamesh’s counsel claimed that Punjab Chief Minister Shahbaz Sharif had forced his client to pay Rs500 million from the bank and become an approver against the Chaudhrys of Gujrat.

Advocate Mahmood said that Mr Hamesh in his first statement recorded by the US State Department had accused Mr Sharif of forcing him to pay Rs500 million for setting up a sugar mill. In return, the chief minister had asked him to become an approver against Chaudhry Shujaat Hussain and Chaudhry Pervez Elahi, he added.

The lawyer said that Mr Hamesh had told Mr Sharif that he could not give even a single penny because he (the chief minister) was already a defaulter of the bank.

When contacted, PML-N spokesman Siddiqul Farooq termed the statement “false and fabricated”. He said that by giving such a statement the accused was trying to clear himself of the allegation that he had misused the bank money to oblige some politicians.

“If there is any concrete evidence he (Hamesh) should bring it to the NAB and the Supreme Court. Otherwise, the authenticity of his statement will be considered as zero,” the spokesman said.

link: http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/04-hameshkhan-sc-qs-04

Large FIA contingent escorts Hamesh Khan to SC.

2010-05-27T17:05:00.000+05:00

CJ Iftikhar expresses anger at govt in 18th Amendment case.

2010-05-25T17:03:00.000+05:00

The Supreme Court on Monday expressed anger at the government for not filing its reply in the 18th Amendment case.

A 17-member full court, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing a set of petitions, challenging the judicial commission for the appointment of superior courts’ judges provided in the 18th Amendment and called for immediate annulment of Article 175-A by terming it a law against the freedom of the judiciary.
Appearing on notice, Dr Abdul Basit, counsel for the Federation, submitted that he could not file a concise statement unless leave to appeal is granted. The chief justice, however, observed that there was no need to grant leave to appeal as under Article 184(3) after the issuance of notice you have filed the petition, adding the notice was issued on April 28, 2010.

Chief Justice Iftikhar Muhammad Chaudhry remarked that how could the case be heard when the government has not submitted its reply.Dr Basit and Ibrahim Satti informed the apex court that the Federation engaged them as counsel in the case on Saturday; therefore, they could not file a concise statement.

The CJ, however, asked the learned counsel that as they had got the notice; therefore, they must have filed the concise statements earlier. Accepting the mistake, Dr Basit responded that they must have filed the concise statement earlier.

He further contended that he had been in touch with the decision makers for the last three days, and they said that the Federation does not want adjournment of the hearing, so “I will file my reply in mid of the case hearing.”

The chief justice told the counsel that he can’t file the concise statement in the middle of the case. The chief justice said that the government does not seem serious in the case. During the course of the hearing Attorney General Justice (R) Maulvi Anwarul Haq tried to say something about the concise statement. The chief justice, however, told him, “You are the officer of the case, and the court has to see that being the chief officer of the court whether he could argue the case before the court on behalf of any party.”

The chief justice asked the attorney general, “if possible then get the minutes of proceedings of the Parliamentary Committee on Constitutional Reforms (PCCR) and the debate that took place in parliament for the approval of the 18th Amendment. “If you provide these documents then it will be a great help on the part of the government, the CJ added.

Justice Jawad S Khawaja remarked that the debate in the PCCR took place for 960 hours, and civil society and lawyer gave a lot of suggestions. He said it was first time in the history that a Larger Bench is going to decide the contour of the institutions. “We all are for the service of the people, and we don’t have anything outside the will of the people,” Jawad S Khawaja added.

The chief justice in his remarks said the Supreme Court retains the power to review any constitutional amendment. Senior advocate of the Supreme Court Abdul Hafeez Pirzada also appeared before the court and submitted that he also wanted to file a petition in his personal capacity but he could not get the record regarding the 18th Amendment from the National Assembly archive, so he will file the petition on Tuesday today.

Around 15 petitions have been filed in the apex court against the 18th amendment. Some of the petitioners included Nadeem Ahmed advocate, Rawalpindi District Bar Association, Watan Party, Supreme Court Bar Association, Muhammad Ejazul Haq and others, making the Federation as respondent.

In his petition, Muhammad Ejazul Haq had also challenged the renaming of NWFP province as Khyber Pakhtunkhwa. Overall, the petitioners have challenged the judicial commission for appointment of superior courts’ judges provided in the 18th amendment and called for immediate annulment of Article 175-A by terming it a law against the freedom of judiciary.

They argued that the appointment of judges is linked with the independence of judiciary, thus judicial appointments cannot be made through the judicial commission having political involvement.

They stated that the formation of the judicial commission under the 18th amendment was against the basic structure of the Constitution and independence of judiciary. They said that in the Islamic history, the judiciary was considered highly respectable institution, adding that there was hardly any country in the world which had undermined the independence of judiciary as the government was trying through Article 175-A. Later, the Supreme Court adjourned the hearing till May 31.

link: http://www.daily.pk/18th-amendment-case-cj-iftikhar-expresses-anger-at-govt%E2%80%99s-failure-to-file-reply-17861/

Lahore High Court banned Facebook.com in Pakistan.

2010-05-19T17:55:00.000+05:00

Lahore High Court has banned Facebook.com in Pakistan, in early morning of wednesday LHC ordered to bann facebook till end of month, after hearing petition against disgrace cartoons of Hazrat Muhammad (SAWW).

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The Federal Government on Wednesday ordered to ban Facebook for an indefinite period following decision by the Lahore High Court. The row started when social networking site’s management allowed members to draw Prophet Muhammad (PBUH) caricatures. Earlier during the day, Justice Ejaz Chaudhry said that the government should record its protest at international level. Hearing a petition regarding blasphemous page on Facebook, Chaudhry Zulfiqar Advocate said that Facebook hurt the emotions of Muslims with the publication of said page about blasphemous caricatures but the government became a silent spectator. Deputy Attorney General Naveed Inayat Malim said that PTA has blocked the blasphemous link of Facebook. Director Telecom Mudassar Hussain said that there would be great loss after the complete closure of Facebook. Lawyers and civil society representatives protested the statement of Director Telecom. The government yesterday had directed the PTA on the orders of LHC to block the blasphemous caricatures link on Facebook. After the directive, the PTA took necessary steps and blocked the link on Facebook.

Justice Ramday’s nephew found dead in Islamabad hotel.

2010-05-15T17:47:00.000+05:00

ISLAMABAD: Farooque Raza, son of Chaudhry Farooque, former attorney general for Pakistan and nephew of Justice Khalil-ur-Rehman Ramday, was found dead in a room of Marriott Hotel here on Friday, police said.

Police high-ups reached the hotel upon receiving the information about the incident and shifted the body to the Pakistan Institute of Medical Sciences (PIMS) for an autopsy to ascertain the cause of death.

Earlier, Justice Khalil-ur-Rehman Ramday reached the hotel and allowed the police to conduct the autopsy.Chief Justice Iftikhar Muhammad Chaudhry also visited the hotel soon after he received the information about the tragedy and remained with Justice Ramday for about an hour.

Station House Officer (SHO) Secretariat Police Station Hakam Khan when contacted by this scribe said deceased Farooque Raza was the resident of Lahore and came to Islamabad

and stayed in room No 225 at about 5pm on Thursday. The SHO said that wife of Raza tried to contact him on his mobile phone on Friday morning but got no response, adding that she contacted Asim Ramday, son of Justice Khalil-ur-Rehman Ramday, who reached the hotel, along with Assistant Advocate General of the Punjab Rashid Hafeez and managed to open the door and found Raza lying dead on his bed.

Hakam Khan said Raza was a heart patient. He said the police had taken remains of the deceased into custody, along with the recording of the CCTV camera.Meanwhile, a spokesman for the PIMS, Dr Waseem Khawaja, citing preliminary medico-legal report, said heart failure was the cause of his death. However, he said visceral of the body had been sent for chemical examination to confirm the cause of death.Farooque Raza was about 41-year-old and working in the Royal Bank of Scotland as senior officer.

APP adds: Prime Minister Syed Yousuf Raza Gilani expressed his heartfelt condolence over the sad demise of Raza Farooque. The prime minister spoke to Chief Justice Iftikhar Muhammad Chaudhry and also condoled with Justice Khalil-ur-Rehman Ramday on telephone on the sad demise of his elder brother’s son.

The prime minister directed his military secretary to arrange a special helicopter to transport the body to his hometown for burial. In his condolence message to the bereaved family, the prime minister prayed to Almighty Allah to rest the departed soul in eternal peace and grant courage to the family to bear this loss with equanimity.

link: http://www.thenews.com.pk/top_story_detail.asp?Id=28858

SC demands report on smuggled child camel jockeys.

2010-05-15T13:34:00.001+05:00

ISLAMABAD: The Supreme Court on Friday directed the interior secretary to submit a comprehensive report on June 11 about the actions taken against those involved in the smuggling of Pakistani children for use as camel jockeys in the Middle East.
A three-member bench of the Supreme Court consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday directed the interior secretary to apprise the court about all the agencies involved in tracking the movement of children outside the country. It also asked whether any case had been registered against the smugglers and if any action had been taken in this regard. The court adjourned further proceedings until June 11.
The chief justice observed that the smuggling of Pakistani children for camel racing was a serious matter.
Action: The court also observed that the report submitted by the interior secretary did not indicate any action taken against those responsible.
The Foreign Ministry Director Legal said the government of UAE had promulgated laws with regards to the business that prohibits children less than 16 years of age to become camel jockeys.
The interior joint secretary informed the court that a cabinet committee was preparing recommendations to curb human trafficking, especially the smuggling of children.
He said around 810 children being used as camel jockeys had returned home.
The chief justice had taken suo motu notice of the matter following an application submitted by one Tahir Ali.
According to the application, the UAE must pay around $1.4 million in damages for the illegal smuggling and use of Pakistani children in camel races.
According to estimates, 12,000 Pakistani children are being smuggled from the country to the Middle East.
In 2005, the government of UAE imposed a ban on the use of children in camel racing which led to the 3,000 children returning to the country.
According to a report of the Human Rights Commission of Pakistan, the practice of children smuggling from Pakistan began in 1979.

link: http://www.dailytimes.com.pk/default.asp?page=2010%5C05%5C15%5Cstory_15-5-2010_pg7_20

SC demands report on smuggled child camel jockeys.

2010-05-15T13:34:00.000+05:00

ISLAMABAD: The Supreme Court on Friday directed the interior secretary to submit a comprehensive report on June 11 about the actions taken against those involved in the smuggling of Pakistani children for use as camel jockeys in the Middle East.

A three-member bench of the Supreme Court consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday directed the interior secretary to apprise the court about all the agencies involved in tracking the movement of children outside the country. It also asked whether any case had been registered against the smugglers and if any action had been taken in this regard. The court adjourned further proceedings until June 11.

The chief justice observed that the smuggling of Pakistani children for camel racing was a serious matter.

Action: The court also observed that the report submitted by the interior secretary did not indicate any action taken against those responsible.

The Foreign Ministry Director Legal said the government of UAE had promulgated laws with regards to the business that prohibits children less than 16 years of age to become camel jockeys.

The interior joint secretary informed the court that a cabinet committee was preparing recommendations to curb human trafficking, especially the smuggling of children.

He said around 810 children being used as camel jockeys had returned home.

The chief justice had taken suo motu notice of the matter following an application submitted by one Tahir Ali.

According to the application, the UAE must pay around $1.4 million in damages for the illegal smuggling and use of Pakistani children in camel races.

According to estimates, 12,000 Pakistani children are being smuggled from the country to the Middle East.

In 2005, the government of UAE imposed a ban on the use of children in camel racing which led to the 3,000 children returning to the country.

According to a report of the Human Rights Commission of Pakistan, the practice of children smuggling from Pakistan began in 1979.

link: http://www.dailytimes.com.pk/default.asp?page=2010%5C05%5C15%5Cstory_15-5-2010_pg7_20

CJP said Judiciary to ensure enforcement of verdicts.

2010-05-08T13:19:00.001+05:00

Chief Justice Iftikhar Mohammed Chaudhry has said that the judiciary will ensure implementation of its decisions. In a meeting with the office bearers of Lahore High Court Bar here on Saturday Chief Justice said that the people have offered huge sacrifices for the freedom of judiciary. The judiciary has been functioning in accordance with the law and merit, Justice Chaudhry said. He said the independent decisions of the judiciary would resolve the problems of people. The judiciary should play its role vigorously.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Islamabad/08-May-2010/Judiciary-to-ensure-enforcement-of-verdicts-Iftikhar

CJP presides over building committee’s meeting.

2010-05-07T13:15:00.000+05:00

LAHORE: Chief Justice of Pakistan (CJP), Justice Iftikhar Muhammad Chaudhry Friday chaired a meeting of the building committee which has been assigned the task of renovating and rehabilitating Supreme Court Branch Registry at Lahore.According to a press release here, judges of Supreme Court Mr.Justice Tasadduq Hussain Jillani, Mr. Justice Muhammad Sair Ali,Mr. Justice Khalil ur Rehman Ramday and Dr. Faqir Hussain, Registrar as well as officers of relevant government departments attended the meeting.

The Chief Justice directed to work dedicatedly in order to complete the work on the ground floor within the stipulated time. i.e. May 31, 2010.
He stressed the need for taking cost effective measures in order to complete the work within the reduced cost of the project by the federal government.
The meeting also discussed various options to keep the price line at its lowest level without compromising the quality of the material.
The CJ directed for prompt payment of bills to the contractors, so that the construction work continues without any interruption. He also directed that similar material should be used in the chambers of CJ and other Judges as well as rooms for secretaries to maintain equality and similarity.
He asked the participants to evolve consensus on most suitable items for use in the flooring.
The Deputy Registrar was also asked to maintain a liaison with the members of the Building Committee Lahore.
It may be mentioned that Mr. Justice Muhamamd Sair Ali being the senior judge has been nominated as Member of Building Committee Lahore on the retirement of Mr. Justice Ch. Ijaz Ahmed.

link: http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=102518&Itemid=2

ISI was approached to intervene in One Billion Dollars LNG scam case.

2010-04-03T13:31:00.004+05:00

ISLAMABAD: The Supreme Court was told on Friday that the Inter-Services Intelligence (ISI) was also approached by the aggrieved parties after failing in getting the 3.5 million tonnes LNG contract to get help of the prime secret agency to investigate a billion dollar scam of awarding the contract to a French firm. This disclosure was made by The News correspondent Rauf Klasra before a six-member SC bench during hearing in the suo moto notice on the scam.
After getting satisfied with the statement, evidences and counter questions put to Klasra, the CJ directed the Ministry of Petroleum, former Finance Minister Shaukat Tarin, Fauji Foundation MD Lt Gen Rab Nawaz and the finance ministry bosses to submit their comments and fixed April 12 for next hearing. The chief justice also asked Klasra to appear on the next hearing.
After hearing the arguments of The News correspondent in his bid to establish the contents of his story, the chief justice praised his professional work and appreciated for exposing the scam. Earlier, the six-member bench led by Chief Justice Iftikhar Muhammad Chaudhry had taken a suo moto of a news story published in The News on March 29.
Klasra was summoned by the SC to substantiate his story before the court. First, a three-member bench was formed to hear the case but afterwards CJ raised the numbers of judges from three to six. The members of the bench also included Justice Khalilur Rehman Ramday, Justice Tariq Pervez and Justice Ejaz Chaudhry.
As the court proceedings started, Chief Justice Iftikhar Muhammad Chaudhry asked Klasra whether he had credible evidence to produce before the court to substantiate his story. The CJ observed that this was a big scam as a billion dollar was not a small amount. “You know a billion dollar means 80 billion in Pak currency and this is something very big, so we want to know what sort of evidence you have to substantiate this scam,” the chief justice observed.
Klasra replied the court that he had filed his story after proper investigations and official documentary evidence available with him. He told the court he not only has got officials papers supporting this scam but he also contacted all the concerned - the minister and officials of the Ministry of Petroleum - to produce a balance report. He even contacted Shaukat Tarin to get his side of the story as he was actually contacted by the aggrieved party that the lowest bidder was ignored while the highest bidder, the French company, got the lucrative contract.
Likewise, he had also got the comments of Naveeed Qamar who had rejected all these allegations, saying that he only acted in the greater interests of the country without indulging in any wrongdoing.
Replying to chief justice’s question about the authenticity of a billon dollar amount, Klasra said the figure was given to him by Shaukat Tain in response to his question about the actual loss to the national exchequer on account of awarding the contract to the a French firm. The bench was also informed that the total period of the contract was about 20 years and its total value would be around $25 billion and one billon dollar difference in the price of LNG bids should be seen in this background.
Replying to question by another member of the bench that whether any complaint was lodged with any government agency at any stage against the award of this contract through improper manner, Klasra said: “Yes, Fauji Foundation MD Lt Gen (R) Rab Nawaz had approached the ISI with the complaint that irregularities were allegedly committed in the award of the multi-billion dollar contract. However, no one knew whether the ISI had conducted any probe, and, if so, what were its findings.”
Klasra said, however, he knew that later the ISI had contacted Naveed Qamar and brought into notice that he was being accused of awarding a contract through wrong manners. He said Naveed Qamar had confirmed to him that the ISI was approached by the aggrieved party. Likewise, The News correspondent also informed the court that a complaint was lodged with the Prime Minister Secretariat but he did not know what action was taken by the officials sitting there.
The chief justice asked the reporter whether the government had taken any action on his report in the newspaper. Klasra replied that a parliamentary body was now assigned to probe the scam and submit its report to the National Assembly within seven days. Likewise, Prime Minister Yusuf Raza Gilani too had taken action on this report and during the course of ECC meeting, he had asked his newly appointed Finance Adviser Dr Abdul Hafeez Shaikh to look into the financial side of the deal before giving approval for the issuance of sovereign guarantees of $300 million to the French firm.
The chief justice also wanted to know whether the contract had been signed or it was still in the process of being signed. Klasra said as far as he knows the deal was yet to be formally singed as the government had not issued sovereign guarantees to the French firm.
Justice Ramday told Klasra: “You have again filed a story which has forced us to take action. But, when we take action, then it is said that the judges were crossing their limits.” However, the chief justice praised the work of Klasra and said he had helped to exposed a scam of a billion dollar which was a big amount and should have been spent on some useful purpose like health and education. The chief justice said corruption would not be tolerated at all cost.

link: http://www.thenews.com.pk/top_story_detail.asp?Id=28141

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SC seeks reply from Petroleum Ministry in LNG scam case.

ISLAMABAD: The Supreme Court on Friday directed the Petroleum Ministry to file a reply by April 12 regarding the billion-dollar Liquid Natural Gas (LNG) scam highlighted by a newspaper.
A seven-member larger bench of the apex court, consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Ch Ijaz Ahmed, Justice Tariq Pervez, Justice Asif Saeed Khan Khosa and Justice Khalilur Rehman Ramday gave the directives while hearing a suo motu case.
The apex court also directed the Finance Ministry to file a reply by the same date to clarify its position in the case.
Rauf Klasra, the journalists who unveiled the scandal, gave the minutes of the Economic Coordination Committee in the court.
During the hearing, the bench observed that the court would not pass any restraint order at this stage of the case, but after fixing responsibility those found guilty would be tried under criminal proceedings.
The journalist apprised the court that of how officials of the Ministry of Petroleum and Natural Resources awarded a multi-billion dollar contract for 3.5 million tonnes of LNG import to a French firm and ignored the lowest bid jointly offered by the Fauji Foundation and Vitol. The court also issued notices to the Fauji Foundation and Vitol and adjourned the hearing for April 12.

link : http://www.dailytimes.com.pk/default.asp?page=2010%5C04%5C03%5Cstory_3-4-2010_pg7_12

Attorney General Anwar Khan resigned on Friday.

2010-04-03T13:04:00.004+05:00

ISLAMABAD: While leaving President Asif Ali Zardari solely on mercy of Minister for Law and Justice Babar Awan, Attorney General Anwar Mansoor Khan on Friday resigned from his office as Attorney General of Pakistan.
It is not difficult to know reasons behind his resignation, as former AG Anwar Mansoor himself revealed the fact while talking to the media persons that Babar Awan was not assisting him from the day-one in revoking the Swiss cases of Asif Ali Zardari as per the Supreme Court verdict on the National Reconciliation Order (NRO).
It is relevant to mention here that Anwar Mansoor stunned the seven-member bench during hearing when he told the court that he was facing non-cooperative attitude on part of the Law Minister for not handing over the necessary information to him regarding the letters to be sent to the Swiss authorities for re-opening of $60 million graft cases involving President Asif Ali Zardari.
During the NRO case proceedings when Justic Ramday asked the AG, “Tell us who is obstructing you in the process”. The Attorney General replied that he was not able to get the documents relating the Swiss cases from the Law Ministry. Chief Justice Iftikhar Muhammed Chaudhry asked him as to who is responsible for these problems. “It is the Law Ministry and Law Minister Babar Awan,” he replied, adding that the Law Minister was not allowing him for one or the other reasons.
The Chief Justice asked the AG that his statement was being recorded by the court. Anwar Mansoor replied, “I will not back out from my statement.” The court said if the Law Minister was posing a stumbling block in the process, then the court would call him to account for the same.
On the same day, (Thursday), when after tea break Anwar Mansoor entered the courtroom, Justice Ramday asked him, “Are you still Attorney General? In his remarks Chief Justice Iftikhar Muhammad Chaudhry asked the AG, “You have to process the matter with full responsibility and will have to present the case with full preparation.” But Anwar Mansoor replied that he was loyal with the apex court than any other office.
On Friday, the day of his resignation, he offered Friday prayer with Chief Justice Iftikhar Muhammad Chaudhry in the Supreme Court mosque.

link: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/03-Apr-2010/AG-quits-over-row-with-Law-Minister

SCP orders submission of Swiss cases report by 5th April.

2010-04-02T17:41:00.002+05:00

ISLAMABAD: The Supreme Court was surprised on Thursday when it was informed that the letters requesting for the reopening of cases against President Asif Ali Zardari had not been dispatched to the Swiss authorities but were lying in the law secretary’s house, while the attorney general told the court that the law minister was posing a stumbling block against the implementation of the NRO verdict.
National Accountability Bureau (NAB) Chairman Naved Ahsan on Tuesday told the apex court that the same letters had been dispatched to the Swiss authorities for the reopening of cases against President Zardari.
Justice (retd) Muhammad Aqil Mirza, secretary law and justice, surprised a seven-member larger bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, disclosing that he had received a phone call from the Foreign Office, informing him of dispatching three envelops to him.
He told the court that after receiving it, he opened up one of the envelop sent on his name wherein the Foreign Office had sought his opinion on the issue related to the request to the Swiss authorities for the reopening of cases against Zardari.
“I have kept the other two letters in my house and I have yet to see the relevant laws to give my opinion,” the law secretary said. He sought some time from the court for processing the matter. However, the court first rejected his request, but later on, agreed and directed Attorney General Anwar Mansoor Khan, Abid Zuberi, the counsel for NAB, to extend cooperation in processing the matter and directed them to appear before the court on April 5.
The court directed for submitting report with the registrar of the Supreme Court, stating that the request for the reopening of Swiss cases had been made accordingly. During the course of hearing, the law secretary sought advice from the court, saying whether he should open thoseenvelops he had kept in his house.
“It’s your job and we want implementation of the court’s verdict of December 16, 2009,” the chief justice said. The SC bench of the apex was hearing a suo moto case on the non-implementation of its Dec 16, 2009, verdict on the National Reconciliation Ordinance (NRO).
Other members of the bench included Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jilani, Justice Ch Ijaz Ahmed, Justice Tariq Parvez, Justice Asif Saeed Khan Khosa and Justice Khalilur Rehman Ramday.
The court directed the attorney general to consult the Law Ministry and other officials concerned, prepare a summary, seek its approval from the prime minister and then sent the letters to the Swiss authorities through a special messenger for the reopening of cases against President Zardari and submit its report before the court by April 5.
The court also pointed out to the AG and the law secretary that in its Dec 16 verdict on the NRO, it had directed to take action against former attorney general Malik Muhammad Qayyum for his communication with the Swiss authorities and request for the withdrawal of cases.
The court, at the start of the hearing, expressed dissatisfaction over the process relating to the revival of the Swiss cases and raised objections over the contents of the letters addressed to the Swiss authorities.
The court observed that the process of intimating the Swiss authorities lacked ownership of the government and directed that the government must own the whole process. “The government should own this whole process, as there is no ownership of the government as well,” the chief justice remarked.
He said the process, initiated in 1997 by intimating the Swiss authorities requesting for the withdrawal of cases, was duly approved by the government while correspondence was made through the attorney general.He said all the process made so far was not based on the required proper procedure.
Abid Zuberi, the counsel for NAB, told the court that they had involved the Foreign Office and the letters would be dispatched to the Swiss authorities through the foreign affairs secretary. At this, the chief justice said the Law Ministry should have forwarded the letters after getting approval from the prime minister.
Justice Ramday asked the NAB counsel that he should have mentioned in the letters that the earlier letters sent by former attorney general Malik Muhammad Qayyum were unlawful and of no legal effect.
“Where is your statement stating that those communications made by Malik Muhammad Qayyum were unauthorised,” Justice Ramday inquired. AG Anwar Mansoor Khan submitted before the court that he had not yet examined the letters and sought time from the court. He said the letters written by the NAB chairman went to the Law Ministry through the Foreign Office and they were still with the ministry.
“You have to process the matter with full responsibility and will have to present the case with full preparation,” the chief justice asked the AG. “Tell us who is obstructing you in the process,” Justice Ramday asked the AG. The attorney general replied that he is faced with hardships in getting the documents relating the Swiss cases from the Law Ministry.
Chief Justice Iftikhar Muhammed Chaudhry asked him as to who is responsible for these problems. “It is the Law Ministry and Law Minister Babar Awan,” he replied, adding that the law minister was not allowing him for one or the other reasons.
The chief justice asked the AG that his statement was being recorded by the court and he should tell the Law Ministry. “I will not get back from my statement,” the AG replied. The court said if the law minister was posing a stumbling block in the process, then the court would call him to account for the same.
“If the law secretary does not show up at the court, then the law minister would be called,” the CJ said. The AG, however, said the law secretary was a wonderful person and he used to call him ‘Sir’. At this, the chief justice said: “You should, as he is your secretary.”
Meanwhile, the court called the law secretary after an hour. Secretary Law Justice (retd) Muhammad Aqil Mirza, while appearing before the court, submitted that he had contacted Law Minister Babar Awan and he was told by the minister that he had not met the attorney general for the last one week.

link: http://www.thenews.com.pk/updates.asp?id=102011

CJP said The Law Ministry is not interested in NRO verdict.

2010-04-01T17:48:00.000+05:00

ISLAMABAD: Law Ministry functionaries are not interested in implementing the Supreme Court’s verdict on the National Reconciliation Ordinance (NRO), Chief Justice Iftikhar Muhammad Chaudhry said on Thursday. Meanwhile, the Law Secretary denied that Law Minister Babar Awan was creating obstructions in the way of reopening Swiss cases against President Asif Ali Zardari. “I am surprised by the Attorney-General statements regarding the Law Minister,” the Law Secretary said. Earlier, Attorney-General Pakistan Anwar Mansoor had informed the Supreme Court that the Law Minister was creating hurdles in reopening the cases.

Augusta scam: SC opens case against Amir Lodhi.

2010-03-31T17:54:00.001+05:00

ISLAMABAD: Supreme Court (SC) approved the appeal filed by the National Accountability Bureau (NAB) to restore the reference against Amir Lodhi, an accomplice in Augusta Submarine commission scam, Geo News reported Wednesday.
The apex court bench headed by Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry heard the NAB?s appeal regarding Augusta Submarine commission.
It should e mentioned that the former Naval Chief Admiral Mansoor-ul-Haq was released by plea-bargaining.
The apex court restored the reference against accused Amir Lodhi in Augusta Submarine commission scam and ordered Lahore High Court (LHC) to hear the case.

link: http://www.southasianow.com/augusta-scam-sc-opens-case-against-amir-lodhi/

Augusta scam: SC opens case against Amir Lodhi.

2010-03-31T17:54:00.000+05:00

SC issues contempt of court notices to five bureaucrats.

2010-03-30T17:57:00.000+05:00

ISLAMABAD: The Supreme Court issued on Monday contempt of court notices to five bureaucrats over reinstatement and promotion of NAB convicted official, while it also issued notice to acting NAB chairman and sought clearance from him regarding non-implementation of verdict on NRO today (Tuesday).
Chief Justice Iftikhar Muhammad Chaudhry said that we will implement the verdict on our own and we do not need to summon other institutions under article-190.
The court conducted hearing of corruption reference against ex-official of Federal Investigation Agency Riaz Ahmad Sheikh and issued contempt of court notices to Secretary Interior, Secretary Establishment, DG FIA, Joint Secretary and Additional Secretary interior over his reinstatement and promotion.
The court also issued contempt of court notices to Chairman NAB and acting chairman regarding implementation of court verdict on the National Reconciliation Ordinance.
The six-members bench headed by Chief Justice Iftikhar Mohammad Chaudhry was hearing the case, which also ordered to confiscate the assets of Riaz A. Sheikh, his wife and his daughters, while the bench expressed angriness over appearing of Rashid Ahmad Rizvi on behalf of the accused and said that the lawyers should not support criminals.
The court ordered opening of all cases against Riaz A. Sheikh.
Justice Khalil-ur-Rehman said that parliament had also ignored the NRO, while Chief Justice said that parliamentarians have no other work but following behind judicial reforms, adding, propaganda is going on every TV channel against judicial reforms, which have cut jokes with courts.
Justice Ramday said that there has been discussion regarding changing judicial system and what was wrong in appointments made by Chief Justice.
CJ Iftikhar said that all even a king would have to go on October 5, 2007 position.
The court during hearing expressed its annoyance over the absence of NAB chairman and summoned him immediately and said that you are sitting in office and who will inform the court regarding implementation of NRO verdict.
After half an hour, acting chairman Irfan Nadeem appeared in court and told the bench that he did not know that he had to appear in the court, on which the court berated and said that NAB was sleeping because person involved in corruption has been neither reinstated but also promoted and instead court orders, NAB did not reopen cases against him.
The court observed that Riaz Ahmad has been involved in serious crimes.
Chief Justice Iftikhar said that the court had ordered NAB to reopen all cases to pre-5 October, 2007 position but of no avail and told him to go home if there is no work and not under pressure.
Justice Ramday said that the court had given four months time to the government to table NRO in the parliament but it fails to do so and after the court verdict over it, now hurdles are being erected in its implementation, which shows that the parliament has needed to change judicial system after the verdict and comments are being made on all TV channels.
He said that a man has become so much influential, which has reached the post of Director General of Federal Investigation Agency instead of being involved in corruption of million of rupees, adding, this is the situation of educated people and merit is being crushed on one side but corrupt people are promoted.
The Chief Justice asked from NAB chairman that you are doing job and also abusing the court and the court ordered NAB to confiscate the assets of Riaz Ahmad Sheikh again and also his wife and daughters.
Secretary Interior told the bench that when Riaz was reinstated then he was suspended.
Ramday said that do you know him but he refused, on which he (Ramday) expressed concerns and said that the whole Punjab knows him and it is surprising that you did not know him.
Chief Justice ordered NAB to reopen all cases against Riaz Ahmad and the court would review the action of NAB and do work in seconds that of hours.
The court summoned Secretary Establishment, Joint Secretary Establishment with record over giving promotion to Riaz Ahmad and adjourned the hearing for today (Tuesday) by issuing contempt of court notices to Chairman NAB Naveed Ahsan, acting chairman Irfan Nadeem, Secretary interior, joint secretary establishment and DG FIA.

link: http://www.onlinenews.com.pk/details.php?id=160690

Bench, Bar should strive to eradicate corruption: CJP.

2010-03-29T17:01:00.000+05:00

ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said that bench and bar should strive to eradicate the corruption from judiciary.He said this while addressing the delegations of Sahiwal bar Association, Poplan Bar Association, Jahania Bar Association and Mansehra Bar Association which called on Chief Justice at Supreme Court building.
Chief Justice said that a huge responsibility has been cast on the shoulders of legal fraternity to standby the supremacy of constitution and rule of law and he also appreciated the struggles and cooperation of members of bar to stand firmly on the principle of independence of judiciary.
He emphasized the lawyers to be honest and sincere towards their profession and should pay more attention towards cases and avoid seeking adjournments so that cases may be decided quickly and expeditious and inexpensive justice may be provided at the doorsteps of litigant parties.
The delegation praised the efforts and struggles of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry for enhancing the public confidence in judiciary.
The members of Bars also assured of their full support and cooperation to bring about improvements in the dispensation of justice.
The delegations extended their invitation to Chief Justice to visit Bar Associations. Chief Justice accepted their invitations and assured them that he will visit the Bars soon.

link: http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=99537&Itemid=2

CJP Iftikhar calls for discouraging redtap culture.

2010-03-03T20:10:00.002+05:00

PESHAWAR: Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry on Wednesday stressed the need for discourage redtap culture especially in pension cases and stressed the need for strict decisions for provision of quick and inexpensive justice to litigants. The Chief Justice passed these remarks while hearing a case regarding the unpaid pension of late government employee Fareedullah here at SC Registry. The division bench consisting of Chief Justice Supreme Court, Justice Iftikhar Muhammad Chaudhry and Justice Chaudhry Ijaz Ahmed upheld the decision of Peshawar High Court regarding payment of late Fareedullah’s pension to his family.

In his remarks, the CJP said redtape culture would not be allowed in pension cases and strict decisions have to be taken with an objective for provision of speedy justice to litigants. The CJP said the courts would not flinch back from providing speedy justice to all.
Peshawar High Court (PHC) has issued the orders regarding the payment of Fareedullah’s pension, who passed away in 2000; however, his family has not received his pension as yet.
Later on, the concerning department of Textbook Board filed an appeal in the apex court against payment of pension to the late government employee. However, the bench consisting of CJ Chaudhry and Justice Chaudhry Ejaz Ahmed upheld the PHC verdict.

link: http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=97648&Itemid=2

---------------------------------

PESHAWAR: Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry said the courts would not flinch back from providing unrelenting justice, Geo News reported Wednesday.

He was hearing a case regarding the unpaid pension of late government employee Fareedullah at SC bench.

The CJ said in this remarks that redtape culture would not be allowed in pension cases, adding strict decisions have to be taken for the speedy justice.

Fareedullah passed away in year 2000; however, his family has not received his pension as yet.

Peshawar High Court (PHC) issued the orders regarding the payment of Fareedullah’s pension. Later on, the concerning department of Textbook Board filed an appeal in the apex court against payment of pension to the late government employee.

However, the bench consisting of CJ Chaudhry and Justice Chaudhry Ijaz Ahmed sustained the PHC verdict.

link: http://www.thenews.com.pk/updates.asp?id=99898

CJP takes notice on Haq Mehr case.

2010-03-03T20:05:00.001+05:00

PESHAWAR: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry Wednesday took notice of a report aired by Geo News about an elderly woman, who has been waiting for the court’s verdict on her application about recovery of ‘Haq Mehr’ for the last 40 years.
It may be mentioned here that Geo News had also aired a report about the 70-year-old Saeeda Sultan.
Earlier in the day, Saeeda Sultan came to the Chief Justice court and remained there till the last case.
The woman rose on her seat soon after the court hearing ended. She told the Chief Justice that she has been awaiting to get justice from the courts for 40 years.
Taking notice of her plea, the Chief Justice asked the woman to appear before the court with her counsel.
Later, speaking to Geo, Saeeda Sultan hoped that the court would deliver quick justice about her case.

link: http://www.thenews.com.pk/updates.asp?id=99913