pakistan

SC to resume hearing of pleas against bill curtailing CJP’s suo motu powers

Published

1 year ago

May 8, 2023

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An eight-member larger bench of the Supreme Court (SC) will resume hearing petitions challenging Supreme Court (Practice and Procedure) Bill 2023 seeking to ‘clip’ suo motu powers of the chief justice of Pakistan (CJP) and constitution of benches, on Monday (today).

According to the roster issued on Saturday, the eight-member bench will comprise Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyad Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed would hear the case at 12:30 pm.

Advocate Muhammad Shafay Munir, Raja Amer Khan, Chaudhry Ghulam Hussain and others have filed identical petitions under Article 184(3) of the Constitution.

Article 184(3) of the Constitution sets out the SC’s original jurisdiction, and enables it to assume jurisdiction in matters involving a question of “public importance” with reference to the “enforcement of any of the fundamental rights” of Pakistan’s citizens.

The bill, titled the Supreme Court (Practice and Procedure) Bill 2023, is aimed at curtailing the suo motu powers of the office of the CJP in an individual capacity.

It was initially passed by both houses of parliament and sent to the president for his assent. However, the president had sent it back, saying that the proposed law travelled “beyond the competence of parliament”. The bill was subsequently adopted by a joint session of the parliament — albeit with some amendments.

However, while hearing the set of three petitions challenging the bill, the eight-member apex court bench on April 13 ruled that after the bill received either the president’s assent or it was deemed to have been given, the act that “comes into being shall not have, take or be given any effect nor be acted upon in any manner” — halting the law’s implementation when the bill came into effect.

The ruling coalition government was swift to reject the apex court’s ruling. President Dr Arif Alvi again refused to give his assent to the bill on April 19 and sent it back to parliament, following which it technically became an act of parliament on April 21.

Also Read: SC’s reforms case: Govt files petition in SC for full bench

The bill states that a three-member bench, comprising the CJP and the two senior-most judges of the apex court, will decide whether or not to take up a matter suo motu. Previously, this was solely the prerogative of the CJP.

The proposed law also states that every cause, matter, or appeal before the apex court would be heard and disposed of by a bench, constituted by a committee made up of the chief justice and the two senior-most judges.

The legislation also includes the right to file an appeal within 30 days of the judgement in a suo motu case and that any case involving constitutional interpretation will not have a bench of fewer than five judges.

The bill seeks to allow former prime minister Nawaz Sharif and other parliamentarians disqualified by the Supreme Court under suo motu powers (such as Jahangir Tareen) to appeal their disqualification within 30 days of the law’s enactment.

Meanwhile, the federal government has again filed a plea in the apex court to form a full court bench to hear all the petitions against the bill as SC turned down centre’s plea in the last hearing.

Also Read: Supreme Court to safeguard constitution on elections’ plea come what may: CJP Bandial

Chief Justice of Pakistan Umar Ata Bandial said on Friday that the apex court would proceed in line with the constitution and would not sit idle on the May 14 election issue if the dialogue between the government and the PTI failed. The Supreme Court resumed the hearing on the plea regarding holding of general elections for the National Assembly and provincial assemblies in one go after the coalition government and main opposition party PTI sat together for three days and tried to talk out the issue.

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Court reserves verdict on PTI founder’s bail plea in May 9 case

Published

15 hours ago

May 16, 2024

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Court reserves verdict on PTI founder's bail plea in May 9 case

The Islamabad district and sessions court has reserved verdict on the bail plea of the Pakistan Tehreek-e-Insaf (PTI) founder in the May 9 case.

Judicial Magistrate Omar Shabbir heard the case against the PTI leader registered in Shahzad Town police station.

Naeem Haider Panjhota, Sardar Masroof and Amina Ali appeared before the judge as counsel for the PTI leader.

The lawyers said the case against the PTI founder had not been pursued by an authorised officer. All cases against him had been instituted on the basis of politics and should, therefore, be quashed, they demanded.

The court after listening to the arguments reserved the verdict.

Post Views: 7

pakistan

Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

Published

15 hours ago

May 16, 2024

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Rawalpindi court bins plea for initiating case against former commissioner Liaquat Chattha

The Rawalpindi Sessions Court on Thursday dismissed a petition seeking the registration of a case against former Rawalpindi commissioner Liaquat Ali Chattha.

Additional District and Sessions Judge Hakim Khan issued a two-page written order on the petition.

In its order, the court observed that apart from the Election Commission of Pakistan (ECP), a departmental inquiry was also being conducted against the former commissioner.

If the allegations were proven in the ECP and departmental inquiries, a legal action was certain, the order stated, adding that in this situation, there was no justification for registering a separate case against the former Rawalpindi commissioner.

Two lawyers from Rawalpindi had filed the petition seeking the registration of a case against former commissioner.

In a Feb 18 presser, the former commissioner admitted that elections in his division were “rigged”.

The commissioner accused Chief Election Commissioner (CEC) Sikandar Sultan Raja of being complicit in the rigging and asserted that he, along with the CEC and Chief Justice of Pakistan Qazi Faez Isa, deserved punishment, even the death penalty, for their injustice.

Chattha expressed remorse for forcing his subordinates to engage in wrongdoing and admitted that winning candidates were made to lose on 13 seats in the Rawalpindi division.

Later on Feb 23, Chattha retracted his earlier statement in a written statement submitted to the Election Commission of Pakistan (ECP).

In the statement, Chattha confessed to having supported the narrative of the Pakistan Tehreek-e-Insaf (PTI) about rigging in the general elections and maligning state institutions in exchange for a lucrative position in the future.

He stated he had been made this offer by a Lahore-based PTI leader with whom he had developed a close friendship.

Chattha alleged that “this entire planning had been formulated after consultation and approval of the senior leadership of PTI”.

He stated that this proposal was made by the said [PTI] individual in consideration of the fact that he was about to retire from service after having remained a part of the services for 32 years and enjoyed all the perks and privileges.

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pakistan

IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Published

15 hours ago

May 16, 2024

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IHC orders Zartaj Gul to appear before court with record in ECL name removal case

Islamabad High Court (IHC) has sought the record from Zartaj Gul’s counsel on a petition seeking the name removal of PTI leader and MNA Zartaj Gul from the Exit Control List (ECL).

IHC’s Justice Tariq Mehmood Jahangiri heard the case on Zartaj Gul’s name removal from ECL.

During the hearing, the state counsel stated that Zartaj Gul’s name has been included in the Provisional National Identification List (PNIL).

Upon inquiry from the court, the state counsel informed that Zartaj Gul’s name was included in PNIL on the order of Islamabad and Punjab police, and the Federal Investigation Agency (FIA) was responsible for including the name in PNIL.

Also read: PTI’s Shibli Faraz, Raja Basharat, Zartaj Gul secure bail in May 9 cases

State counsel added that five cases were registered against Zartaj Gul in Islamabad and Punjab.

The petitioner’s counsel, Advocate Usama, disclosed that Zartaj Gul has been granted bail in those cases. He reiterated that the name was being included in the PNIL list despite being on bail.

During the hearing, Justice Tariq Jahangiri inquired about how many cases Zartaj Gul has been granted bail in and ordered the petitioner to appear before the court in the next hearing.

Consequently, IHC has adjourned the case hearing until next week by directing Zartaj Gul’s counsel to appear before the court in the next hearing with records.

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