tag:blogger.com,1999:blog-49090710767165112612024-03-05T02:48:18.951-08:00Chief Justice Blog - Pakistan's 1st Law BlogChief Justice Blog is Pakistan's 1st Legal News Portal which is a private effort to put all legal happenings at one page. Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.comBlogger780125tag:blogger.com,1999:blog-4909071076716511261.post-67157553741534289842018-11-27T01:18:00.001-08:002018-11-27T01:18:10.224-08:00Tunisia approves equal inheritance law for Men and Women.<div class="separator" style="clear: both; text-align: center;">
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Tunisia on Friday, November 23, became the first Arab country to achieve gender equality in inheritance, after the Tunisian Cabinet approved a law that would allow men and women to inherit equal amounts, contrary to what is stipulated in Islam.<br />
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The controversial law will be discussed and ratified in parliament before it goes into effect in the progressive country.<br />
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Tunisia’s President Beji Caid Essebsi first suggested the law in August 2017, on the occasion of International Women’s Day.<br />
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Many Muslims object to the law, as it goes against Quranic verses which state that males should inherit what two females should. However, Essebsi said that citizens should be given the choice to follow Sharia Law in inheritance should they wish to.<br />
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Essebsi had also formed the Individual Freedoms and Equality Committee in August 2017, which was assigned the job of proposing reforms for the Tunisian legislative system, to give more freedoms for the Tunisian people.<br />
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The president had said at the time that his legislative initiative was based on the Tunisian constitution which states that “Tunisia is a civil country that is based on three elements: Citizenship, the will of the people, and the supremacy of law,” and that “the rights and duties of Tunisian men and women are equal, and that the state is committed to defending women’s rights and works on supporting and developing them.”<br />
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Despite Essebsi pushing for gender equality, a survey conducted by the International Republican Institute in 2017 showed that 63% of Tunisians - including 52% of women - opposed equal inheritance.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-68942226913997431362018-09-17T02:57:00.002-07:002018-09-17T02:59:15.976-07:00Nikah halala petitioner seeks protection from SC India after acid attack.<div class="separator" style="clear: both; text-align: center;">
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The Supreme Court of India; Friday agreed to hear Today, on September 17. Earlier on Sep. 1; a plea filed by a petitioner in nikah halala and triple talaq case, seeking protection after facing acid attack at Bulandshahr in Uttar Pradesh.<br />
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A bench of Chief Justice Dipak Misra and Justices A M Khanwikar and D Y Chandrachud considered the plea of Shabnam Rani, who was attacked allegedly by her brother-in-law and has been hospitalised. She has also sought better health care.<br />
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The court asked advocate Ashwini Kumar Upadhyay, counsel for Rani, to submit a copy of the petition to the Centre and the Uttar Pradesh government.<br />
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Numerous petitions have been filed in the apex court challenging the prevalent practices of nikah halala and polygamy among Muslims saying it was violative of fundamental rights guaranteed under the Constitution.<br />
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While polygamy allows a Muslim man to have four wives, ‘nikah halala’ deals with the process in which a Muslim woman, who wants to re-marry her husband after divorce, has to first marry another person and get a divorce from the second person after the consummation.<br />
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In her plea against nikah halala and polygamy, Rani had alleged that her husband divorced giving her triple talaq and forced to perform nikah hala with her brother-in-law.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-51706021676813863482018-09-16T04:51:00.001-07:002018-09-16T04:51:12.850-07:00Stop overcharging patients: Chief Justice Pakistan.<div class="separator" style="clear: both; text-align: center;">
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LAHORE: Chief Justice of Pakistan Mian Saqib Nisar on Saturday lambasted private hospitals functioning in the provincial metropolis for fleecing patients in the name of medical facilities and hinted at ordering forensic audit of their accounts.<br />
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The chief justice had taken a suo motu notice of exorbitant rates of private hospitals and summoned their owners/shareholders. Notices were issued to the Doctors Hospital, Surgimed Hospital, Omar Hospital, Hameed Latif Hospital, Midcity Hospital, National Hospital (Defence), Farooq Hospital and Al-Raazi Hospital.<br />
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However, representatives of only three of the hospitals – Surgimed, Al-Raazi and Hameed Latif — appeared in the court.<br />
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Punjab Health Secretary retired Capt Saqib Zafar and Punjab Healthcare Commission’s Chief Operating Officer Dr Ajmal Khan were also present in the court.<br />
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The chief justice observed that the court wanted to know about the steps taken by the commission to regulate pricing of the private hospitals.<br />
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Dr Khan admitted that unfortunately the commission failed to fulfill its mandate of regulating and controlling prices of healthcare services. However, he said, scrutiny of price lists of at least the Lahore-based major private hospitals could be done within six weeks.<br />
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The chief justice observed that some of the private hospitals raised illegal structures and occupied public roads using these as parking lots.<br />
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He said the Surgimed Hospital used a major portion of the Zafar Ali Road for its parking. A lawyer pointed out that the Surgimed and the Akram Medical Complex were situated in front of the drain along Zafar Ali Road and Jail Road, respectively.<br />
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At this, the chief justice directed the Environment Protection Agency (EPA) to submit a report, explaining as to how permission was granted to build hospitals on the banks of drains.<br />
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CJP Nisar also directed the Lahore Development Authority’s director general to visit Hameed Latif Hospital on Ferozepur Road and examine if there was any illegal construction. He said the private hospitals would be slapped with Rs10,000 fine to be deposited in the dams fund for each vehicle found parked outside their parking areas.<br />
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The chief justice adjourned hearing till Sunday (today) and summoned the owners of the private hospitals along with their price lists.<br />
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PUBLIC COMPANIES: The Supreme Court directed the National Accountability Bureau (NAB) to review its list of the officers of public sector companies and authorities in Punjab, drawing salaries over Rs300,000 per month.<br />
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Earlier, NAB-Lahore Director General Shahzad Saleem told a two-judge bench that a bank account had opened in Islamabad for facilitation of those government officers who volunteered to return the amounts they received beyond their regular salaries. However, he said 18 such officers wanted to contest their cases.<br />
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Representing the heads of different companies, Advocate Ahsan Bhoon pointed out that the NAB also mentioned the officers in its list who had been getting salaries over Rs300,000 per month as per their basic pay scale. He said the NAB prepared a faulty list about the salaries of the officers.<br />
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The Punjab Revenue Authority’s former head Dr Raheel Siddiqui told the court that the NAB also issued him a notice for recovery of the salary beyond Rs300,000. Whereas, he said, he was getting salary as per entitlement being a BS-21 officer.<br />
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At this, Chief Justice Mian Saqib Nisar directed the NAB to prepare its list afresh and exclude the officers who had been drawing salaries beyond Rs300,000 as per their entitlement.<span style="color: #999999; font-size: xx-small;"> -Dawn.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-79690423348138015662018-09-16T04:14:00.002-07:002018-09-16T04:14:41.116-07:00Kalabagh Dam guarantees survival of Pakistan: CJP Nisar.<div class="separator" style="clear: both; text-align: center;">
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LAHORE: Chief Justice of Pakistan Justice Saqib Nisar Saturday said that only Kalabagh Dam guarantees the survival and security of Pakistan.<br />
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The chief justice said so while addressing a ceremony in Lahore, organised by a welfare organisation that provides interest-free loans to poor and needy people.<br />
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He said that there was going to be an immense shortage of water in the days to come, adding that if a consensus was reached by the nation then Kalabagh Dam would also be constructed.<br />
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"The construction of dams is the only solution to the water crisis," Justice Nisar said.<br />
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"I came to know of a water crisis in Quetta. The issue can take such a serious turn that the people may have to migrate."<br />
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He said that they had not stopped pursuing the matter of Kalabagh Dam's construction.<br />
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Anyone attempting to halt construction of dams will be tried under Article 6: CJP<br />
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"If the nation agreed then we will also make Kalabagh Dam after the construction of Diamer-Bhasha and Mohmand dams," the chief justice said.<br />
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"Only Kalabagh Dam guarantees survival and security of Pakistan."<br />
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He noted that the transgender community donated Rs100,000 for dam fund. "I announce Rs100,000 for [those] transgender people.<br />
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"You all are protectors, you have to stand guard so that the dam projects could be completed," Justice Nisar said.<br />
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Earlier today, Justice Nisar warned that any person who attempts to hinder the construction of dams will be tried under Article 6 of the Constitution.<br />
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He said so while hearing heard a suo moto case of mineral water companies using underground water for selling it in bottles at the Supreme Court’s Lahore Registry.<br />
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“Water is more expensive than gold now and we will not allow its theft,” the chief justice said. “Let me tell you one thing, I have no other purpose than to serve the nation.”<br />
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He added, “I have started studying Article 6 of the Constitution and anyone who attempts to block the construction of dams will be tried under it.”Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-87857441308396322662018-09-16T03:50:00.001-07:002018-09-16T03:50:17.600-07:00Sindh gov. appoints first Christian Advocate General in Pakistan.<div class="separator" style="clear: both; text-align: center;">
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KARACHI: The Sindh Government has made the history by appointing another chief law officer of the province from the minority Christian community, the first one was M L Shahani.<br />
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Salman Talibuddin Advocate was appointed as Advocate General Sindh on the terms and conditions as admissible under the rules with immediate effect, says an official notification issued here on Thursday.<br />
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Talibuddin is currently serving as an additional attorney general.<br />
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The post fell vacant in June when then advocate general Zameer Ghumro resigned following chief justice's remarks.<br />
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Senior PPP leader Sherry Rehman credited her party for empowering the minorities according to Quaid's vision.<br />
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Wajid Ali Syed adds:<br />
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M L Shahani was the first from the Christian community to be appointed as the Advocate General Sindh; and was later appointed as a judge at the Sindh High Court.<br />
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Shahani obtained his L.L.B. in 1973 from the University of Sindh and had a very successful law practice in Karachi, Sindh Province, when, in 1996, he was appointed Advocate General for the province.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-23375002538461585472018-09-16T02:37:00.000-07:002018-09-16T04:38:10.783-07:00CJP warns dams’ enemies of action under Article 6.<div class="separator" style="clear: both; text-align: center;">
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LAHORE - Chief Justice of Pakistan Justice Mian Saqib Nisar on Saturday warned that any person who attempts to hinder the construction of Diamer-Bhasha Dam will be tried under Article 6 of the Constitution. “Water is more expensive than gold now and we will not allow its theft,” remarked the CJP while heading a two-member bench hearing a suo motu case against mineral water companies.<br />
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“Mineral water companies are paying the government [a meagre] Rs0.25/litre and selling it at [an exorbitant price of] Rs50/litre,” a lawyer representing the federal government informed the judges at the Supreme Court’s Lahore Registry. Water and Sanitation Authority (Wasa) managing director, who was also present in the court, added that “before 2018, mineral water companies were extracting underground water for free”.<br />
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Justice Nisar had taken suo moto notice of mineral water companies’ using underground water for selling it in bottles on Friday, during the hearing of a case pertaining to environmental issues facing the Katas Raj Temple. The chief justice remarked that water was a precious thing and they would not allow its theft by anyone. He added that the “mineral water companies should determine a [reasonable] rate]”.<br />
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He also remarked that “we will have to check if there are any minerals in mineral water”. “At home, I boil tap water and drink it,” he continued. “Even today, the poor are forced to drink water from ponds,” the judge added. The court then summoned chief executive officers of all mineral water companies and adjourned the hearing of the case until today (Sunday).<br />
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During the hearing Justice Nisar, while turning his attention to the construction of water reservoirs issue, said: “Let me tell you one thing, I have no other purpose than to serve the nation.” He warned, “I have started studying Article 6 of the Constitution and anyone who attempts to block the construction of the [Diamer-Bhasha] dam will be tried under it.”<br />
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Basha Dam is one of the two dams which the authorities have prioritised for construction and the CJP is spearheading the efforts for their construction. The other dam to be built at the earliest is Mohmand Dam. The chief justice on Saturday also hinted at the construction of Kalabagh Dam, though with the consensus of the all federal units.<br />
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“We have not abandoned [the idea of] Kalabagh Dam (KBD) construction. After Bhasha and Mohmand dams, if national consensus is developed, KBD will also be built,” said Justice Saqib Nisar.<br />
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Addressing a ceremony organised by Akhuwat Foundation for distribution of cheques of interest-free loans among the deserving at a mosque, he termed this dam a guarantee to survival and progress of the country in real sense of the word.<br />
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Kalabagh Dam has been hit by political controversy over the last three decades, despite the fact the project has been found most feasible, cost effective and early to complete in the experts opinion. KBD will not only cater to the water needs of hundreds of thousands of acres of agricultural land but also yield 4500mw electricity at a low cost – less than two rupees a unit.<br />
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The past governments failed to take decision on constructing KBD due to opposition by certain political parties. The PTI government also speaks gingerly on the issue. The chief justice said his efforts will not be limited to the dams. He recalled the time when he came across the issue of rapidly depleting water resources in Quetta about five months ago.<br />
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At that time, he said, he learnt that if water dearth situation persisted, Quetta people will have no water and be forced to migrate to other places.<br />
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“When I probed the matter deeply, I came to know that it will not only be Quetta but the whole country facing the same water crisis after a few years.” He said, upon it he invited the experts and placed the issue before them which enlightened him to the fact that the water situation would be so grave and threatening in future that it will become a matter of the very survival of the people.<br />
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Justice Saqib said that construction of dams was found out to be the only solution to deal with the upcoming water shortage in the country. And then came the question that which dam should be built to meet the challenge, he added.<br />
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Despite being one the most feasible projects, the KBD was not found out ready for construction [due to political controversy] and preference was therefore given to the building Basha and Mohmand dams, he said.<br />
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Swearing on the sacred place he was sitting in, the chief justice said he has not given up construction of Kalabagh Dam. After Basha and Mahmand, KDB will also be built with consensus and national unanimity as this dam is one that guarantees survival and progress in the true sense, he added. Justice Saqib Nisar also appreciated public response to the fund raising campaign for dams and said this public spirit was not in his mind three months ago when the drive was announced.<br />
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Fund raising has taken the shape of a movement wherein, he said, not only the grown up but the kids are showing unmatchable enthusiasm. He said even five year olds and students had pooled even such amounts as two and five rupees to share their bit in the dams fund.<br />
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The CJP also mentioned Rs1.05 billion contributed by Pakistan Army, and Rs100 million by a group of companies. He said it may be possible that fund raising could not generate enough resources for the construction of the dams, but it will certainly be a positive share. He also lauded the contribution of one lakh rupees made by transgender persons. In deference to their spirit, he added one lakh rupees to their amount from his own pocket, the CJP said.<br />
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Stressing on the importance of dams ‘movement’ for Pakistan’s national survival, the chief justice said that in his view every citizen of Pakistan was a custodian of this national interest and performing as a watchman on the matter of dams construction. The CJP on the occasion also highly appreciated the role of Akhuwat Foundation and its chairman, Dr Amjad Saqib. He was pleased to learn about the 100 percent return of Akhuwat loans and greeted the chairman on this success. <span style="color: #999999; font-size: xx-small;">- Nation.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-32236184208572374942018-09-15T04:48:00.000-07:002018-09-16T04:48:35.243-07:00CJP orders immediate arrest of DIG Gilgit.<div class="separator" style="clear: both; text-align: center;">
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Chief Justice of Pakistan (CJP) Mian Saqib Nasir on Saturday ordered the immediate arrest of the Gilgit-Baltistan (GB) Deputy Inspector General (DIG) Junaid Arshad. DIG Arshad's former wife had filed an application addressed to CJP Nisar requesting his arrest.<br />
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The application stated that DIG Arshad had posted immoral photographs of his wife on social media with the intent to defame, and, despite his request for bail being rejected by a trial court, had still not been taken into custody for prosecution.<br />
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The chief justice, irked by the matter, remarked: "Do police officers consider themselves above the law?"<br />
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He ordered police to arrest the DIG and present a report before the court by Sunday. He also issued directives for DIG Arshad's name to be placed on the exit control list (ECL). - Dawn.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-12873719392011104952018-09-15T04:18:00.000-07:002018-09-16T04:19:14.252-07:00Justice after 26 years is no justice: CJP.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar Friday said he wanted to ensure such a judicial system in the country that dispensed speedy justice to all without discrimination adding that delivering justice to someone after 26 years was no justice at all. Hearing a constitutional petition seeking improvement in the justice system, the chief justice summoned the Federal Law and Justice Minister Barrister Farogh Naseem.<br />
The chief justice said he had little time left adding that a combination of youth determination and seniors’ experience could bring about a revolution in the country. Justice Nisar cautioned against hasty legislation and constitutional amendments which created scores of problems in the past. He said hasty decisions only brought disasters to a country. He said deliberations must precede a legislation as it was a sensitive job.<br />
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Meanwhile, heading a three-member bench hearing a case concerning environmental pollution in Islamabad, the chief justice directed the Pakistan Environmental Protection Agency (Pak-EPA) to furnish, within five days, a detailed report with the apex court on the industrial units causing pollution in the capital city.<br />
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He asked the PAK-EPA Director General Farzana Altaf Shah about the steps taken so far to curb industrial pollution. The officer told the chief justice that no such had been taken in this regard, as the agency was not even allowed to conduct an inspection.<br />
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Commenting on her statement, the chief justice remarked, “Mill owners don’t know about the power of the SC." He said mill owners were playing with the lives of people by the pollution caused by their mills and factories. "We will take Rs5 million each from them as security," he remarked. Ms Shah told the chief justice that mill owners had made them from watchdogs to justdogs. To this, the chief justice said those who had not submitted security deposits will have to pay 8 per cent markup on security, which will be deposited into the dam fund.<br />
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The court then adjourned the hearing till September 24 and directed the authorities concerned to conduct an inspection and submit a report within next five days. Details have also been sought on the number of active industrial units and a count of factories and mills where measures were yet to be taken to curb pollution.<br />
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Meanwhile, hearing the suo moto case of Katas Raj pond at the Lahore Registry of Supreme Court, the chief justice directed the government to appointment the Evacuee Trust Property Board (ETPB) chairman.<br />
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He was heading a three-member bench of the apex court. The court also directed all the industrial units, including the cement factories, to submit a report till September 18.<br />
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The chief justice asked the officials if the cement factories’ managements had made alternative arrangements for getting water. He further asked if the Punjab government had fixed rate for provision of water to the industrial units.<br />
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DG Environment Punjab told the court they were monitoring the factories, while the secretary Local Government Punjab informed the court that they had fixed the water rate for DG Khan and Bestway Cement.<br />
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The chief justice took a serious notice of sale of water by the mineral water companies during the case hearing. “Now water will not be sold free, it is as precious as gold,” the chief justice said, adding that he would hear the case related to mineral water companies on Saturday (today).<br />
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In this regard, he gave directions to the attorney general and provincial advocate generals to inquire how much water was being used by the companies. “They are extracting water and selling it, someone should tell whether these companies are paying for it or not?” he said. Justice Nisar also directed the mineral water companies’ owners in Karachi to come to Lahore. He also summoned a detailed report on dried up water spring in Katas Raj on Tuesday.<span style="color: #999999; font-size: xx-small;"> - The News</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-37018887802877196922018-09-14T03:04:00.000-07:002018-09-17T03:05:03.213-07:00SC India to hear petitions of Juhi Chawla against mobile towers.<div class="separator" style="clear: both; text-align: center;">
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The Supreme Court of India admits pleas against mobile tower radiation. Apex court to hear petitions of actor Juhi Chawla, five others in Nov. The Supreme Court on Friday accepted actor Juhi Chawla’s plea demanding tighter norms governing cell phone tower radiation. The court will hear the petition in November, along with the pleas of five others.<br />
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“Unfettered and unregulated installation of towers/antennae pose hazardous health risks and impinge upon the right to health, environment, and life with dignity under Article 21 of the Constitution,” Chawla’s petition states.<br />
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All the petitions pertain to issues arising from rampant illegal installation of the towers and antennae, and the absence of adequate laws and regulatory norms.<br />
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“A few of the petitioners and their relatives are victims of and continue to suffer from varying degrees of health-related issues. There is a direct correlation between the rising clusters of towers/antennae installed all over the country, especially with the advent of 3G and 4G, and the deteriorating health of those persons who are directly exposed to these towers at long stretches of time,” states the petition.<br />
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Medical evidence<br />
This comes at a time when the Indian Council of Medical Research (ICMR) is reviewing the interim results of a study on the effects of cell phones and radiation on subjects.<br />
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“Our interim results at the end of three years reveal that there are biological changes in the human body due to use of cellphones. Whether or not these changes are hazardous to health remains to be seen. We will only know after five-year data is studied,” said RS Sharma, a senior scientist at ICMR.<br />
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The ICMR is shadowing multiple volunteer subjects as they continue using cellphones for various periods of time. It has also been facilitating their annual body check-up, including detailed tests such as blood samples, PET and bone scans, to detect biological changes in their body at a cellular level.<br />
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‘DoT favoured telcos’<br />
A Parliamentary committee had earlier found that the Department of Telecommunications (DoT) had selectively accepted studies that favoured the interests of telecom companies and higher power-density limits, while completely ignoring studies that had concluded that electro-magnetic frequency (EMF) radiation from cell phones and cell-phone towers might be causing health risks to humans, flora and fauna.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-58942433094420149632018-09-13T10:30:00.000-07:002018-09-13T10:30:22.359-07:00CJP donates Rs100,000 for Supreme Court dams fund.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: Chief Justice of Pakistan Mr Justice Saqib Nisar has deposited Rs 100,000 in Supreme Court Diamir Bhasha and Mohmand Dams Fund. The CJP made this announcement in Special Transmission of a local satellite television news channel, said a press release issued Thursday.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-92230363266086699052018-09-13T09:41:00.002-07:002018-09-13T09:41:44.412-07:00Widow Eligible For Family Pension in India even After Re-Marriage.<div class="separator" style="clear: both; text-align: center;">
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The Central Administrative Tribunal (CAT) has said the widow of a deceased government servant is eligible for family pension even after remarriage.<br />
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Administrative member Praveen Mahajan ordered restoration of the family pension to Delhi resident Renu Gupta (47), wife of late Pawan Kumar Gupta, an employee of the Defence Ministry at the time of his death, saying Renu Gupta had requested for transfer of the family pension in the name of her son after her remarriage without understanding the consequences.<br />
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The CAT asked the Ministry of Defence to transfer the pension claim to her from her son's name within four months.<br />
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“Without understanding the consequences, she requested for transfer of the family pension in the name of her son after her marriage. However, the said family pension will become inadmissible after the son attains the age of 25 years,” the tribunal said, adding that, “It has been held by the government that even in the case of remarriage of a widow, family pension can be given”.<br />
The bench rejected the contention of the ministry and said that she was "legally entitled for family pension under CCS (Pension) Rules, 1972" and there seems to be "no legal bar in re-transferring the pension in her name".<br />
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Background<br />
The Defence Ministry had appointed Gupta as store keeper in 1998 on compassionate ground after the death of her husband the year before. She was also granted family pension in accordance to Central Civil Services (Pension) Rules, 1972 and other retirement benefits were offered.<br />
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Gupta remarried, after which at her own request the family pension was sanctioned afresh to their son, Karan Gupta in 2002.<br />
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However, in 2013, she had sent multiple requests for restoration of her family pension, which was subsequently rejected every time and she was informed that she cannot be granted the pension since she had re-married.<br />
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Also Read: Dispelling Minorities’ Fears Will Help Bring In Uniform Civil Code<br />
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‘Ministry Rejects Gupta’s Plea’<br />
During the course of the hearing, the counsel for the ministry, reiterated that Extra Ordinary Pension Rules are applicable only when death of the employee is attributable to government service, which was not the case here and her claim for it after 20 years of her husband's death had no merit.<br />
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The ministry claimed that she had already been granted family pension under CCS (Pension) Rules as per her entitlement.<br />
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“The same was however transferred in the name of her son, on her own request and she cannot be allowed to change her request, intermittently, as per her whims,” the ministry had said.<br />
However, Gupta's counsel contended that she was entitled to family pension as per an office memorandum of the Ministry of Personnel, Public Grievances and Pensions which had held that "the childless widow of a deceased Central Government employee who had expired before January 1, 2006, shall be eligible for family pension in the light of sixth CPC's recommendations irrespective of the fact that the remarriage of the widow had taken place prior to/on or after January 1, 2006".<span style="color: #666666; font-size: xx-small;"> - The Quint.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-44398233286615557092018-09-13T04:42:00.000-07:002018-09-16T04:44:40.860-07:00Supreme Court to employ two transgender persons: CJP.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has said two transgenders will be provided jobs in the Supreme Court. The remarks came as he chaired a three-judge bench to hear a case regarding transgenders' rights on Tuesday.<br />
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"In our society transgenders are subjected to ridicule. It is our top-most priority to give them their rights," he was quoted as saying by Geo News. Nisar said the court would issue notice to NGOs and government of Khyber Pakhtunkhwa while it hears the case related to basic rights of transgenders.<br />
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"Court wants to bring them into the mainstream. It wants to resolve their issues," said the Chief Justice.<br />
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During the course of proceedings, CJP Nisar asked whether the CNICs of all the petitioners had been issued. The National Database and Registration Authority (NADRA) chairman informed the court that the process for issuance of CNICs to transgenders was underway.<br />
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Some 342 CNICs had been issued as yet, he added. The CJP observed that the transgender people were facing with life threats and immediate actions should be taken to facilitate them.<br />
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Meanwhile, the Secretary Law Commission apprised the court that a non-governmental organization, Blue Veins, was spreading incorrect information regarding the number of transgenders murdered in the country."The misleading information on its website is damaging the country''s image," he added.<br />
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The court issued a notice to the Blue Veins for uploading unverified information regarding the murder of transgenders on its website. The court then sought suggestions for the betterment of transgender community and adjourned the case till September 26.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-608066369316235592018-09-13T04:11:00.000-07:002018-09-13T10:11:54.435-07:00Surname change case: SC asks father of petitioner to pay daughter's expenses.<div class="separator" style="clear: both; text-align: center;">
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The Supreme Court (SC) on Thursday resumed hearing of an unusual case of a 22-year-old woman seeking the removal of her father's name from official documents and replacing it with her mother's name instead.<br />
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Tatheer Fatima claimed that her father had abandoned her in her childhood and that she had never seen him. She raises an important question in her petition: whether or not an individual who abandons his child either before or after birth can be called the father of that child. She also asks if a child can be entitled to be registered as a citizen of Pakistan without identifying the parents.<br />
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In the last hearing of the case ─ which it described as the first of its kind ─ the Supreme Court named the law secretary, the director general of the Immigration and Passport department as well as the National Database and Registration Authority (Nadra) as respondents in the petition. The bench also directed Nadra officials to acquire information about Tatheer's real father so that he could be summoned to court.<br />
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Her father, who appeared before the three-judge bench today, was asked by Chief Justice of Pakistan (CJP) Mian Saqib Nisar when he had last seen his daughter and why he hadn't contacted her for many years.<br />
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Tatheer's father said that he last met her in 2002.<br />
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"You did not meet your daughter for 16 years," Justice Nisar responded. "You should be ashamed."<br />
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The father claimed he had attempted to meet his daughter, to which the CJP asked: "What efforts did you make? We cannot see anything."<br />
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When the top judge asked him what sort of a father he was for leaving his daughter, he responded saying that he had not left her. Instead, he said, it was Tatheer's mother who did not allow him to meet her.<br />
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The court directed the father to pay the financial expenses he owed to her. "You will have to remedy this," the top judge told her father, "The expenses for all the years that have passed will be recovered from you, even if you need to steal [to get the money]."<br />
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When he told the court that he was a poor man, the court ordered the Federal Investigation Agency (FIA) to probe his financial records to determine whether this was true. The FIA DG was directed by the court to closely examine the case.<br />
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"If you are poor, you will face the civil case and go to jail," the CJP asserted.<br />
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The top judge said that he would see to it himself how the damage caused to Tatheer could be remedied.<br />
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With regards to the change in her last name the CJP told her father that Tatheer wanted his name removed as her last name and changed to 'Tatheer Fatima binte Pakistan' instead.<br />
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"Pakistan is our mother and our father also," the CJP remarked. But, he added, Islamic law does not allow for a father's name to be removed from a daughter's name.<br />
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The Nadra director, who was present in court, was given 10 days to provide all records to the court.<br />
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The court also directed that Tatheer's birth certificate and educational record, that state her name as Tatheer Fatima binte Pakistan should be changed, with her father's name added to her first name.<br />
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During the hearing, Tatheer said when she was a Matric student, she required some documents from her father. But he had told her he would only hand them over if she submitted a written statement to the nearest jail saying that her mother was a woman of bad character and that Tatheer didn't want to live with her.<br />
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She said it should be the right of children who are deprived of their parents to adopt the name of those who have raised them. She maintained that her mother had braved great difficulties to raise her as a single parent and children should have the right to take the name of those who take responsibility for them.<br />
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She again asked the court to allow her father's name to be removed from all government paperwork.<br />
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Her mother Fehmida Butt said that providing money was not the only responsibility of a parent, and that removing her father's name from her documentation would give Tatheer satisfaction.<br />
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The court appointed Makhdoom Ali Khan as an assistant to the court and adjourned the case for 10 days.<br />
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Speaking to reporters after the hearing, Tatheer said that she had spent all her time with her mother. "I may not have seen a childhood, but I have seen the workshops and seminars [that my mother attended]."<br />
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Despite this, she said, fighting back tears, she still had to face people alleging that her mother's character was questionable. "How? Prove it," she said.<br />
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Tatheer asked why she should keep the name of a person who has not given her name any respect in his family.<br />
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When she was asked about the CJP's earlier comments that, despite how one's parents behave with them, children must respect their parents, Tatheer responded saying that a father's respect is created when their child recognises them to be a relation and gives them that status.<br />
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"You can only receive respect when you give someone the opportunity to respect you. If you misbehave with them, you will not get respect," she asserted.<br />
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Tatheer's father also spoke to reporters after the hearing, saying: "I cannot bear it. I wish the ground would open up and swallow me."<br />
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Tatheer seeks remedy beyond existing laws<br />
Tatheer's petition is basically an appeal against a similar plea which was rejected by the Islamabad High Court on May 17, 2017. The high court, Tatheer had pleaded earlier, had failed to appreciate before dismissing her plea that she was not seeking any treatment in accordance with the law — instead a remedy which was above the prevailing laws.<br />
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She had also questioned Nadra’s earlier attempt of seeking a 'fatwa' from a religious authority of Saudi Arabia and Iran to formulate a policy about the registration of orphans in Pakistan, saying that she did not feel like an orphan in the presence of her mother, Fehmida Butt.<br />
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"The use of orphan for me is an insult to my loving mother and to Pakistan," she had contended, highlighting that her status should be determined under the Constitution of Pakistan rather than in the light of customs in Saudi Arabia or Iran.<br />
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The court in the least hearing had observed that neither Islamic laws nor laws of the land allowed deletion of a father’s name from a person’s official documents, such as passports.<span style="color: #999999; font-size: xx-small;"> - Dawn News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-57828173715058461582018-09-06T10:02:00.000-07:002018-09-13T10:07:11.159-07:00Girl moves SC to have her surname changed to 'Pakistan'.<div class="separator" style="clear: both; text-align: center;">
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The Supreme Court on Thursday heard a girl's unusual request to have her surname changed to "Pakistan" and to have her father's name removed from her government documents.<br />
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Chief Justice Saqib Nisar said this was the first instance of such a case being presented before the court. He said that according to the law, a father is the head of a household and there was no space in the law of Pakistan or the religion to make such a change. "Children are identified by their father," maintained the top judge.<br />
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Addressing the court, Tatheer Fatima said that her father does not provide her with the documents she requires because of which she has to face a lot of difficulties.<br />
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The petitioner Fehmida Butt requested that his name be removed from her daughter's CNIC card.<br />
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The chief justice asked why the request submitted before the court had stated the girl's name as "Tatheer binte Pakistan" [daughter of Pakistan], with Pakistan in the place of her father's name.<br />
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"We accept that she is Pakistan’s daughter," the top judge remarked.<br />
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Tatheer Fatima's mother enquired what a daughter was to do when her father leaves her and does not provide her with legal documents when she is in need.<br />
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"Parents disinherit their children," said the petitioner to which Justice Ijazul Ahsan responded that the law does not have a concept of disinheriting children.<br />
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The petitioner shared that Fatima's father's name was Mohammad Shahid Ayub. The top judge ordered that he be presented in the court.<br />
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The CJP reiterated the solution was not to have her fathers name removed from documents and said that they would find a solution to this problem and Fatima will be "evidence of the first droplet in rainfall".<br />
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He said that they will see what to do with children whose parents do not provide them with their documents.<br />
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Her father's correct address wasn't available and Fatima added that his CNIC number written on her B-Form was also incorrect.<br />
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The court asked the National Database and Registration Authority (Nadra) for their complete cooperation in providing them with all information regarding the whereabouts of Fatima's father.<br />
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Her father has been issued a notice by the court and the hearing has been postponed for a week. <span style="color: #999999; font-size: xx-small;">- Dawn News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-74782635948322561982018-08-31T10:26:00.000-07:002018-09-13T10:27:31.119-07:00Justice Tahira sworn in as first woman chief justice of a Pakistani high court.<div class="separator" style="clear: both; text-align: center;">
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QUETTA: In a historic oath-taking ceremony, Justice Tahira Safdar was sworn in as first woman chief justice of a Pakistani high court on Saturday.<br />
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Held at the Governor House, Justice Tahira's oath-taking was administered by the Balochistan High Court (BHC) chief justice Muhammad Khan Achakzai.<br />
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Her nomination as chief justice of BHC was confirmed in July by Chief Justice of Pakistan Mian Saqib Nisar.<br />
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She has replaced Justice Noor Muhammad Meskanzai whose term ended Friday. Justice Tahira will serve as the chief justice of BHC will October 4, 2019.<br />
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Furthermore, she has rendered her legal services as the first woman civil judge of Balochistan. She also enjoys the distinct stature of being the first woman to be appointed in all posts she has served on.<br />
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Born on October 5, 1957, Justice Tahira is the daughter of notable lawyer Syed Imtiaz Baqri Hanafi.<br />
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She is part of the special court bench hearing the treason case against former military ruler Pervez Musharraf.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-72854918288378873152018-05-11T10:51:00.000-07:002018-05-12T10:53:02.611-07:00Supreme Court India ratify compensation scheme for sexual assault victims.<div class="separator" style="clear: both; text-align: center;">
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A victim of gangrape in any part of the country would now get a minimum compensation of Rs five lakh up to a maximum of Rs 10 lakh.<br />
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This is part of a scheme proposed by the National Legal Services Authority (NALSA) on compensating the victims of sexual assaults and acid attacks, which was approved on Friday by the Supreme Court, which directed that it would be applicable across the country.<br />
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As per the ‘Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes-2018’, in case of rape and unnatural sexual assault, the victim would get a minimum of Rs four lakh and maximum of Rs seven lakh as compensation.<br />
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While approving the scheme, a bench comprising Justices Madan B Lokur and Deepak Gupta said it would be applicable pan-India and the states and Union Territories would be free to give compensation over and above what was stipulated in the scheme.<br />
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“We make it clear that the scheme prepared by the NALSA will not preclude the states and union territories from giving more compensation....we direct that the scheme be implemented in all states and union territories,” the bench said.<br />
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The scheme says that victim of acid attacks, in case of disfigurement of face, would get a minimum compensation of Rs 7 lakh, while the upper limit would be Rs 8 lakh.<br />
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In an acid attack cases, if the injury is more than 50%, a minimum compensation of Rs five lakh would be given, while the maximum would be Rs eight lakh.<br />
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Similarly, the scheme also provides for compensation amount in cases of acid attacks where the injury is less than 50% and 20% respectively.<br />
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Victims of burning cases would get a minimum compensation of Rs 7 lakh and maximum of Rs 8 lakh in case of disfigurement, the scheme said.<br />
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It said that in case of pregnancy on account of rape, the victim would get a compensation ranging from Rs three lakh to Rs four lakh, while for miscarriage or loss of fertility due to such assaults, the victim would get Rs two lakh to Rs three lakh.<br />
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During the hearing, NALSA director SS Rathi told the court that they had revised the scheme as per the suggestions given by the top court and it was uploaded on their website.<br />
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He said that states, union territories and other stakeholders were asked to give their suggestions on the draft scheme and they have incorporated 14 such suggestions received from various quarters.<br />
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Rathi said that the court’s suggestion about recovery of compensation in matters where the cases were found to be false was also taken care of in the scheme.<br />
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Senior advocate Indira Jaising, assisting the court as an amicus curiae, told the bench that so far only nine states have received the money under the Nirbhaya Fund and claimed that the Centre was sitting on the funds under the scheme.<br />
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Additional solicitor general Pinky Anand, appearing for the Centre, said the Centre had disbursed Rs 920 crore under the Nirbhaya Fund.<br />
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Nirbhaya Fund was announced by the Centre in 2013 after the December 16, 2012 gangrape and murder case in Delhi to support the initiatives on women’s safety across the country.<br />
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The bench, however, said it would deal with the issue of the Nirbhaya Fund in July.<br />
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The NALSA had earlier told the court that the legal services authority should be given power on its own to grant compensation to such victims and there should be mandatory reporting of cases of sexual assaults and acid attacks.<br />
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It had told the court that hardly 5-10% sexual assault victims across the country were getting compensation under the relevant schemes in various states.<br />
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The apex court had said it would consider in July the issues related to section 228-A of the Indian Penal Code (IPC) which deals with disclosure of identity of victims of sexual offences and utilisation of Nirbhaya Fund by states.<br />
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Earlier, the Centre had told the apex court that it was finding it difficult to get the cooperation of states on the issue relating to disbursal of compensation to the victims of sexual assault under the Nirbhaya scheme.<br />
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Several petitions were filed in the Supreme Court after the December 16, 2012 incident in Delhi raising concerns over safety and security of women. All the petitions were tagged by the apex court and several directions have been issued from time to time in this regard. <span style="color: #cccccc; font-size: xx-small;">- Resource: Hindustan Times.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-27078167755357358152018-05-09T10:55:00.000-07:002018-05-12T11:06:14.889-07:00IHC orders halting transmission of game shows during Ramadan.<div class="separator" style="clear: both; text-align: center;">
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The Islamabad High Court (IHC) on Wednesday, while hearing a case on implementation of the Pakistan Electronic Media Regulatory Authority's (Pemra) code of conduct for Ramazan transmissions and morning shows, ordered putting an end to the airing of programmes like 'Neelam Ghar' and those "appearing to be like a circus show" for the duration of the holy month.<br />
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Justice Shaukat Aziz Siddiqui — who in today's hearing had taken strong exception to the "circus" that programmes fronted by popular hosts like Dr Amir Liaquat, Sahir Lodhi, Fahad Mustafa and Waseem Badami had become — said in the order that channels engaged in airing or spreading "obscene, indecent and immoral" content will be dealt with in accordance to penal provisions.<br />
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"No programme suggestive of containing lottery and gambling, even apparently for a noble purpose like Haj/Umrah tickets etc, shall be promoted to air either live or recorded," the short order issued today afternoon read.<br />
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No programme in violation of Pemra guidelines should be aired, and stern action will be taken against violators after strict monitoring, according to the order.<br />
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The court stated that: "No activity in [an] individual or collective capacity of any citizen can be allowed which is against the glory of Islam, integrity, security or defence of Pakistan, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court."<br />
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According to the order, "It is [the] responsibility of the State to provide an atmosphere in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah. As such indecency, morality and obscenity of any kind and nature is against the injunctions of Islam and offensive to guarantees provided by the organic law of the country ie. the Constitution."<br />
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"All law enforcing agencies and regulatory bodies are under statutory obligations to ensure that no activity prejudicial to the glory of Islam and the Constitution is permitted, individually or collectively on electronic or print media," it added.<br />
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The court also directed the Information Ministry, Interior Ministry and Pemra to ensure the following:<br />
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"Complete ban on advertisements, dramas and films of foreign origin, India in particular."<br />
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"10% of foreign TV contents which is permissible as per rules shall be allowed to be aired, subject to approval by the committee consisting of secretaries noted above and the chairman Pemra. The committee shall ensure that contents proposed to be aired are not in conflict with the injunctions of Islam, Constitution, Pemra laws, code of conduct and judgements of the superior courts of the country."<br />
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"No programme shall be aired [in Ramazan] resulting in disrupting the spirit of this holy month. Ramazan being month of Holy Quran should be observed in promoting the meanings and message of Quran in vernacular languages."<br />
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All TV channels should broadcast the call to prayer five times a day.<br />
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No advertisements can be aired at least five minutes prior to the breaking of the fast. Instead, Durood Sharif and dua "must be offered for the solidarity, prosperity, peace and tranquillity of Pakistan, well-being of all citizens and promotion of tolerance, forgiveness, sacrifices and acceptance of prayers."<br />
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It is expected of all channels and licensees of Pemra "that [the] respect and spirit of the holy month of Ramazan is not compromisd by any host or guest, either through appearance, or any act or words spoken".<br />
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The committee was ordered to file a report on the implementation of court directives upon completion of the first 10 days of Ramazan.<br />
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<span style="font-size: large;">Today's hearing</span><br />
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Justice Siddiqui, while hearing the case earlier today, had warned several popular television hosts — including Dr Amir Liaquat, Sahir Lodhi, Fahad Mustafa and Waseem Badami — to maintain decorum during Ramazan transmissions and morning shows during the holy month, or to face a ban for life.<br />
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"Dr Amir Liaquat introduced the culture of romping around [during Ramazan transmissions] and all others have started imitating him," he observed. "We will not allow such things in sehr and iftar transmissions," he asserted.<br />
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Justice Siddiqui pointed out that while foreign experts are hired to provide detailed analysis during cricket matches, artists and cricketers are permitted to appear on TV shows to speak about matters of religion.<br />
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He suggested that only religious scholars holding no less than a PhD degree should be permitted to speak on such subjects, adding that separate instructions would be issued to eight channels falling under the terrestrial broadcaster, Pakistan Television.<br />
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"If discussions against institutions can be censored, then why can't discussions against religion be censored?" he wondered.<br />
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"What a strange spectacle it is, that hamds, naats and recitation of the Holy Quran are being aired to music," the judge noted.<br />
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In yesterday's hearing of the case, Justice Siddiqui had ordered Pemra to provide details of how many of the 117 channels operating in Pakistan air the call to prayer.<br />
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Today, Pemra's director general operations presented a report in court on the matter which said that only three channels have been airing the call to prayer punctually.<br />
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He informed the court that action was being taken against all channels violating the regulatory body's code of conduct.<br />
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Pakistan Broadcasters Association (PBA) counsel Ali Zafar told the court earlier that all channels have been operating as per the Constitution and Pemra's code of conduct. He requested the court to refrain from issuing a "general" order, and instead to direct Pemra to ensure implementation of its code of conduct.<br />
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Justice Siddiqui also asked who is airing Indian channels in Pakistan, and ordered a report to be submitted on the matter in court.<br />
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The judge had then reserved his decision after hearing the arguments from Pemra, PBA and Paksat ─ all of whose representatives were present in court today. <span style="color: #cccccc; font-size: xx-small;">- Resource: Dawn News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-62405054558751605852018-05-04T08:46:00.000-07:002018-05-05T06:50:26.640-07:00CJP takes notice on 40% mobile card taxes.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: The Supreme Court took notice of unreasonable tax deduction from mobile phones “pre-paid calling cards and easy load” on Thursday when Chief Justice Mian Saqib Nisar sought justification from the quarters concerned for the high cess.<br />
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The chief justice took notice of the matter while he was heading a five-judge bench hearing a different case.<br />
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Soon after the closing of the case, the chief justice called Attorney General (AG) Ashtar Ausaf and highlighted public complaints that an unreasonable and high amount of tax/other charges were being deducted from the topping up of the balance through easy load and scratch cards besides taxes on the calls.<br />
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The chief justice asked the AG to inform the court about the taxes and other charges being deducted on every mobile phone charge, saying the court had been told that for each Rs100 charge, Rs40 was deducted in the form of different taxes.<br />
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“Is this not exploitation?” Chief Justice Nisar wondered and said the matter involved public interest.<br />
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Later while dictating the order, the chief justice issued a notice to the AG to explain what amount was being deducted or taxed on the calling card/easy load of Rs100.<br />
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He also issued notices to the Federal Board of Revenue and all mobile phone service companies operating in the country. The matter has been fixed for hearing before a regular bench comprising three judges on May 8.<span style="color: #cccccc; font-size: xx-small;"> - Resource: Dawn News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-35960767108132619602018-05-04T08:37:00.000-07:002018-05-05T06:38:05.479-07:00CJP said provision of justice to public is the need of the time.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar said on Friday the timely provision of justice to public is the need of the hour.<br />
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The CJP was addressing the eighth judicial conference. Justice Saqib Nisar said that according to the Constitution’s Article 37, the indiscriminate dispensation of justice to citizens should be ensured.<br />
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The CJP said due to the China-Pakistan Economic Corridor plan, foreign investment will increase in the country and to derive benefit from the project all the elements should be kept in consideration.<br />
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Justice Saqib Nisar said that for the welfare of the public, justice plays an important role.<br />
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He said that the rights of the citizens as per the Constitution should be safeguarded. <br />
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The CJP added that the provision of justice is the judiciary’s basic responsibility.<span style="color: #cccccc; font-size: xx-small;"> - Resource Geo News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-85310367320272460042018-05-04T03:09:00.000-07:002018-05-05T07:10:39.755-07:00Will take salary after all gov. employees are paid dues: CJP.<div class="separator" style="clear: both; text-align: center;">
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ISLAMABAD: Chief Justice of Pakistan Justice Saqib Nisar vowed on Friday that from now on his salary should come after the payment of monthly dues to all government employees.<br />
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Heading a two-member bench hearing a case related to non-payment of salaries to government employees, the chief justice lamented that people are not paid even until the 24th of the month.<br />
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Chief Justice Nisar stated that he will take his salary once a certificate is submitted in court that all employees have been paid.<br />
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The accountant general of Pakistan (AGP) informed the court that the past month the salaries were not paid in his department as he did not get the required budget.<br />
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"Whatever the reason, salaries should be paid on time," the chief justice remarked, adding that whatever the problem is, it should be resolved.<br />
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The AGP and Finance Ministry assured the court of paying dues to all employees by today.<span style="color: #cccccc; font-size: xx-small;"> - Resource Geo News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-66992019540109705642018-05-04T01:20:00.000-07:002018-05-05T06:49:14.495-07:00Supreme Court stops Bahria Town Karachi to sell chattels.<div class="separator" style="clear: both; text-align: center;">
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The Supreme Court has prohibited Bahria Town Karachi to sell its plots and buildings. A two member bench of the Supreme Court’s Karachi Registry has declared the allotment and transfer of the properties illegal.<br />
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The court has ordered Malir Development Authority to investigate the illegal allotment of the lands. “A reference should be filed against the culprits after investigation within three months,” the bench remarked. “A special bench should be constituted to implement the chief justice’s verdict.” “The chief justice should take suo-motu notice over giving land to DHA Karachi.<br />
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The Supreme Court has prohibited Bahria Town from selling or allotting land in its Bahria Town Karachi housing project. In its detailed verdict, a three-member bench declared the allotment and transfer of the properties illegal.<br />
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“The government land would go back to the government and the land of the Bahria Town exchanged for the government land would go back to the Bahria Town,” the judgement said.<br />
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The court ordered National Accountability Bureau to investigation transfer of Malir Development Authority land to Bahria Town and file references against all those responsible for committing crime at any level.<br />
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The court also considered interests of allotees, and requested Chief Justice of Pakistan to constitute a separate bench for implementation of the judgement and determine key questions regarding value of allotment.<br />
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“Since a great deal of work has been done by the Bahria Town and a third-party interest has been created in favour of hundreds of allotees, the land could be granted to the Bahria Town afresh by the Board of Revenue. What would be the terms and conditions of grant, what would be the price of the land, whether it would be the one at which the Bahria Town sold the land to the people by and large, how much of government land and how much of the private land has been utilized by the Bahria Town, and what Bahria Town is entitled to receive in terms of money on account of development of the land are the questions to be determined by the implementation bench.”<br />
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<span style="font-size: large;">DHA City in crosshairs</span><br />
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The bench observed that some irregularities have also come forth in DHA City project, for which it requested CJP to take a suo motu notice. DHA City is an under-construction housing project in Gadap Town in the outskirts of Karachi.<br />
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“The argument that where land of reserved forest was utilized by DHA and many other housing societies without any caveat, Bahria Town could not be treated differently is legally incorrect as one or any number of wrongs cannot justify yet another,” the order said.<br />
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“However, if at all any forest land has been utilized by DHA or any other society in violation of the provisions of law, we would request the honourable Chief Justice of Pakistan to take suo moto notice of this fact so that all those who are found to be similarly placed be treated similarly.”<br />
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<span style="font-size: large;">Impact on estate business</span><br />
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Bahria Town Karachi refused to comment on the court’s judgment.<br />
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“We cannot issue any statement at the moment,” a Bahria Town representative said. “It will be issued after consultation with the lawyers.” An authorized property dealer in Bahria Town, speaking on the matter, said he had no knowledge of any ban on selling and purchasing of plots in the housing scheme. “We have not received any instructions from Bahria Town management on the matter,” he said. “We were selling and purchasing the lands till yesterday.”<br />
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He said Supreme Court’s verdict will have a negative impact on the property as the prices are already on a decline.<br />
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“Malik Riaz must be a happy man after the court’s verdict. He has already collected all his monthly installments from local and overseas buyers,” an anxious invester, who wished not to be identified. “Obviously, there is a sense of panic and uncertainty among the buyers who are unsure about the fate of their plots or apartments.” We were hoping to have the possession in a few weeks, but the Supreme Court’s decision may give Bahria Town Karachi management an excuse to further delay the allotment, he added. <span style="color: #cccccc; font-size: xx-small;">- Resource: Samaa News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-32869152711245996152018-05-03T02:47:00.000-07:002018-05-12T11:06:32.331-07:00Kapil Sharma Seeks Rs. 100 Crore From Journalist.<div class="separator" style="clear: both; text-align: center;">
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Kapil Sharma Seeks Rs. 100 Crore From Journalist Vickey Lalwani For Allegedly Defaming Him. Kapil Sharma and film journalist Vickey Lalwani‘s untasteful spat spread across social media after the latter published a recorded conversation on the entertainment portal he works for. The actor blamed Vickey for allegedly defaming him publicly by writing damaging articles to malign his name. Kapil even filed a complaint against him after that and shared pictures of it on Twitter.<br />
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Some people just want to defame you for few bucks but it will take ages to make a stand against the wrong.. I shall do it today n forever.. <a href="https://t.co/Vg8bJoWwhF">pic.twitter.com/Vg8bJoWwhF</a></div>
— KAPIL (@KapilSharmaK9) <a href="https://twitter.com/KapilSharmaK9/status/982478866483761153?ref_src=twsrc%5Etfw">April 7, 2018</a></blockquote>
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According to the legal notice, the editor has been allegedly publishing negative stories about Sharma for the past year and the actor’s former associates had been helping him in doing so. The notice mentions:<br />
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My client states that you have in close nexus with his earlier managers/associates Ms. Neeti and Ms. Preeti Simoes and have maliciously and in collusion and connivance with them and also in furtherance of a common intention to defame and tarnish the reputation of my client…This information was spread with a design to defame my client and malign his image in the eyes of his fans, industry and public at large.<br />
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The comedian demanded that the journalist give him an “unconditional public apology” within seven days of receiving the notice and if he failed to do so he’d be liable to deposit Rs. 100 crores in the National Defence Fund. Reports suggest that Lalwani hasn’t received the notice yet.<br />
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Kapil’s new show Family Time with Kapil Sharma has also gone off air amidst the debacle as the actor requires some personal time to deal with his health issues and get better.<span style="color: #cccccc; font-size: xx-small;"> - Resource: Indian News.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-20555375249759319592018-05-02T06:59:00.000-07:002018-05-05T06:59:29.600-07:00SCOTUS to hear Google privacy settlement case.<div class="separator" style="clear: both; text-align: center;">
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A settlement reached with Google set to award $8.5 million money to privacy rights groups, universities and other organizations – instead of victims of privacy violations by the company – will go before the U.S. Supreme Court.<br />
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The appeal by conservative think tank Competitive Enterprise Institute stems from a 2013 case in which Google was found to have violated users' privacy rights by sharing their search queries with other websites. The $8.5 million settlement was earmarked for third parties – an arrangement that is growing more common, according to a Reuters report.<br />
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The 9th U.S. Circuit Court of Appeals approved the terms, saying that monies distributed to Google's 129 million users under a more traditional settlement would amount to “a paltry 4 cents in recovery.”<br />
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Earlier, The U.S. Supreme Court on Monday declined to hear Google’s appeal of a lower court’s ruling that narrowed the scope of patents that can be challenged before a federal tribunal whose proceedings have led to the cancellation of many patents.<br />
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The justices let stand a 2016 federal appeals court ruling against Google, a subsidiary of Alphabet Inc, which had successfully challenged at the U.S. Patent and Trademark Office a patent it was accused of violating. The appeals court said the patent had been wrongly reviewed in a proceeding reserved for business-related patents.Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-68295271903927209922018-05-02T06:38:00.004-07:002018-05-02T06:39:36.903-07:00SC India tells HCs to Speed up cases under POCSO.<div class="separator" style="clear: both; text-align: center;">
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Supreme Court shocked by high rate of pendency of child sexual assault cases. Shocked by the high rate of pendency of child sexual assault cases, the Supreme Court directed High Courts to set up panels of its judges to regulate and monitor trials under the Protection of Children from Sexual Offences (POCSO) Act.<br />
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The Supreme Court, which had ordered a review of the backlog under POCSO, found that States such as Uttar Pradesh have over 30,000 cases pending despite the child protection law coming into existence as early as 2012.<br />
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Many States have not yet even set up Special Courts to try POCSO cases as mandated by the law.<br />
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<span style="font-size: large;">Bad implementation</span><br />
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In February, a three-judge Bench led by Chief Justice of India Dipak Misra found the implementation of POCSO in a shambles and decided to review the issue. The Bench was hearing the case of rape of an eight-month-old child in the National Capital.<br />
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The PIL petition filed by Alakh Alok Srivastava said child rapists should be awarded the death penalty.<br />
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Though the government was initially against the death penalty in child rape cases, saying “death penalty is not an answer for everything,” the rape of an eight-year-old in Kathua proved to be the last straw and the government recently promulgated an ordinance allowing courts to pronounce death penalty to those found guilty of raping children up to 12 years of age.<br />
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<span style="font-size: large;">Speedy justice</span><br />
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Additional Solicitor General Pinky Anand, for the government, informed the court about the ordinance. She submitted that it warrants investigation to be completed in two months and courts to dispose of appeals in six months, ensuring speedy justice to victims. But the court said the POCSO statistics showed that children and victims in many States were still waiting in the corridors of courts for justice.<br />
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The Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, issued a series of directions which supplement the ordinance. These include: the State police chiefs should constitute special task forces to investigate cases, High Courts should ensure that they are tried and disposed of by the designated Special Courts under the Act; POCSO judges will give no adjournments and make every effort to fast-track trial, witnesses should be produced in court on the day of the hearing and high courts should make every effort to provide a child-friendly atmosphere in tune with the spirit of the Act.<span style="color: #999999; font-size: xx-small;"> - <a href="http://www.thehindu.com/todays-paper/sc-tells-hcs-to-set-up-panels-to-monitor-pocso-act-trials/article23742507.ece" target="_blank">resource credit</a>.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0tag:blogger.com,1999:blog-4909071076716511261.post-79945624572810854922018-05-02T05:17:00.000-07:002018-05-02T08:19:14.523-07:00Apex Court India has concerned on Taj Mahal Changing Color.<div class="separator" style="clear: both; text-align: center;">
<a href="https://3.bp.blogspot.com/-9ELO-dP66LI/WtW0hNOUZBI/AAAAAAAADzI/nTuaymm8DFIQkbqE4dla81bx3kYUXPrdgCPcBGAYYCw/s1600/tajmahal.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="836" data-original-width="1254" src="https://3.bp.blogspot.com/-9ELO-dP66LI/WtW0hNOUZBI/AAAAAAAADzI/nTuaymm8DFIQkbqE4dla81bx3kYUXPrdgCPcBGAYYCw/s1600/tajmahal.jpg" /></a></div>
India’s iconic Taj Mahal has turned a sickly color. Its regal white walls have been stained brown and green by insects and pollution, and the country’s Supreme Court is urging the government to do more to protect one of the world’s most famous buildings.<br />
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Located in Agra in the northern state of Uttar Pradesh, the 17th Century mausoleum, famed across the globe for its white marble facade, has turned shades of yellow, brown, and green, India’s Supreme Court said, according to the Hindustan Times. Construction, increasing pollution, and excrement from insects drawn to the nearby Yamuna River are thought to be among the culprits.<br />
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“Even if you have the expertise, you are not utilizing it. Or perhaps you don’t care,” the court’s justices said, ordering the government to consult experts in India and abroad to address the issue.<br />
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The problem is not a new one. The government previously closed thousands of nearby factories in an effort to preserve the monument’s shining facade, the BBC reports. And the Taj Mahal undergoes periodic mud washes to absorb dirt and other contaminants.<br />
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The Taj Mahal receives 7 to 8 million visitors annually, according to the Indian government, and is considering limiting domestic tourists to 40,000 per day in an effort to protect the nearly 400-year-old palace, The Guardian reported in January.<br />
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But those efforts seem to have done little to stop the discoloration, and the Supreme Court justices are giving Indian authorities a week to respond.<br />
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“We need to save it,” they said.<br />
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The Taj Mahal was built by the Mughal Emperor Shah Jahan as a funeral memorial to his wife, Mumtaz Mahal. <span style="color: #cccccc; font-size: xx-small;">- <a href="http://time.com/5262395/taj-mahal-india-change-color-supreme-court/" target="_blank">resource credit</a>.</span>Sarah Perachahttp://www.blogger.com/profile/08084378210193188760noreply@blogger.com0