SC’s Justice Mansoor Ali Shah writes letter to CJP Isa

SC

ISLAMABAD: Supreme Court (SC) senior puisne judge Justice Mansoor Ali Shah has said he would not become part of the special bench until and unless a full court was formed on the amendments ordinance.

Justice Mansoor Ali Shah wrote a new letter to Chief Justice of Pakistan Qazi Faez Isa on October 23. The letter was written to the Chief Justice as the head of the Practice and Procedure Committee.

In the letter, Justice Mansoor Ali Shah apologized for sitting on the special bench and said that he had written earlier that he will not be a part of the special benches until the full court sits on the amendment ordinance.

Justice Mansoor Ali Shah’s letter also quotes Sir Thomas More, “I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.”

He wrote that “While we are in power, we often forget that the people of this country are watching our actions, history never forgives”.

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Registrar SC sends three names for new CJP appointment

Registrar SC

ISLAMABAD: Registrar Supreme Court (SC) has send three names for the new Chief Justice of Pakistan to Special Parliamentary Committee.

The Registrar of the Supreme Court has sent three names to the Special Parliamentary Committee on behalf of Chief Justice of Pakistan Qazi Faez Isa.

Sources said that a letter was written to the Registrar Supreme Court on behalf of the Ministry of Law, in which the names of three senior judges were sought for the new Chief Justice.

The names of Justice Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Yahya Afridi have been sent for the new Chief Justice.

After the implementation of the 26th constitutional amendment, the parliamentary committee meeting for the appointment of the new Chief Justice will be held today and the appointment of the new Chief Justice will be done three days before the retirement of the current Chief Justice Qazi Faez Isa.

Chief Justice Qazi Faez Isa has moved to chamber work before retirement where he will write judgments these days.

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SC dismisses PTI’s review plea about intra-party elections

SC

ISLAMABAD: Supreme Court (SC) dismissed Pakistan Tehreek-e-Insaaf (PTI) petition regarding intra-party elections.

A three-member bench, headed by CJP Qazi Faez Isa, and comprising Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, was hearing the PTI’s plea to review its judgement on its intra-party election.

PTI’s counsel Hamid Khan pleaded for the constitution of a larger bench for the review petition and asked that the case be referred to the committee for constitution of a larger bench.

Speaking to Hamid Khan, Chief Justice Qazi Faez Isa said that there is a matter of revision and court have to look at the law.

Justice Qazi Faez Isa said why you did not raise this point earlier, you should proceed with the case.

Hamid Khan said that the court should see the paragraph of the decision of the Sunni Ittehad Council and Election Commission case, on which the Chief Justice of Pakistan said why should court look at that decision.

PTI’s lawyer Hamid Khan objected to the bench and said that the present 3-member bench cannot hear the case as a 13-member bench has already given its verdict in the Sunni Ittehad Cuncil case.

Hamid Khan said that it is being said that PTI has not conducted intra-party elections but party has conducted elections, however court declared it null and void.

Justice Muhammad Ali Mazhar said PTI’s election constitution is very transparent, either you should change such constitution or hold intra-party elections accordingly.

The Supreme Court, while upholding the January 13 decision regarding the PTI intra-party election, dismissed the review petition and said that no error could be identified in the decision.

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SC forms 3-member bench to hear plea against proposed amendments

SC

ISLAMABAD: The Supreme Court (SC) constituted a three-member bench to hear the petition against the proposed constitutional amendments.

The bench headed by Chief Justice of Pakistan Qazi Faez Isa will hold the hearing on October 17.

Justice Naeem Akhtar Afghan and Justice Shahid Bilal are included in the bench.

Lawyer Abid Zuberi had filed a constitutional petition in the Supreme Court against the proposed constitutional amendments.

The Registrar’s Office has issued a notice to Advocate Abid Zuberi.

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SC annuls decision on Article 63-A

SC

ISLAMABAD: The Supreme Court (SC) has unanimously overturned its earlier judgment regarding the interpretation of Article 63-A of the Constitution.

A 5-member larger bench headed by Chief Justice of Pakistan Qazi Faez Isa heard the revision appeals related to the interpretation of Article 63A of the Constitution.

The bench, which also included Justices Jamal Mandukhel,  Naeem Afghan, Aminuddin, and Mazhar Alam, heard the revision petitions.

During the proceedings, PTI lawyer Ali Zafar boycotted the hearing, raising concerns over the formation of the bench.

The Chief Justice of Pakistan while pronouncing the decision of the review appeal said that the review appeal of the Supreme Court Bar Association is unanimously approved. The detailed decision of the case will be issued later.

Justice Qazi Faez Isa said that Justice Mazhar Alam’s dissenting note on the case of interpretation of Article 63A issued on July 30 while the majority of the bench issued the detailed judgment on October 14.  He observed that the Justice Mazhar Alam was aware of his responsibilities.

Justice Jamal Khan Mandokhail remarked that the majority decision said that there is a difference between voting and being counted, is the difference between voting and being counted written in the constitution.

The Additional Attorney General told the court that the decision on Article 63A is full of contradictions, on the one hand, it said vote is a fundamental right, while also abolishing the fundamental right at the direction of the party.

Pakistan People’s Party lawyer Farooq H. Naek said that according to the Hasba Bill case, the person who asked for an opinion on the reference should be restricted.

The Chief Justice of Pakistan inquired if the President of the State does not follow the opinion, can action be taken against him. On which Farooq H. Naek said that the court cannot take action against the President.

Lawyer Farooq H. Naek said that the decision of the minority judges in the 63A case was issued first.

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SC dismisses appeal regarding dispute of land

SC

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that the baseless litigation used to waste the courts’ time and lead to an increase in the number of pending cases.

Chief Justice Qazi Faez Isa in a case related to property distribution in the Supreme Court remarked that after the death of a 75-year-old man, a land dispute was litigated.

The Chief Justice said “We know how litigation happens, courts waste time due to such baseless and fabricated litigation, the number of pending cases is increasing due to baseless litigation”.

A claim was filed in the Supreme Court in 2006 over a property dispute which was disposed of by the court.

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Pakpattan police arrested man for placing bounty on CJP Isa

Pakpattan

SAHIWAL: The local police have arrested a man from Pakpattan for provoking people to assassinate  Chief Justice of Pakistan Qazi Faez Isa.

According to Pakpattan police spokesperson, the accused Abdul Rahman had announced in a video statement that he would give a shop and a plot to the one who brought the head of Chief Justice of Pakistan Qazi Faez Isa.

After the video went viral, the police arrested the accused Abdul Rehman and the accused Muhammad Hussain who made the video and registered a case against them.

Police said that a case has been registered against the arrested accused under serious provisions including terrorism.

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SC’s larger bench formed to hear journalist Arshad Sharif case

SC

ISLAMABAD: The Supreme Court (SC) of Pakistan constituted a five-member larger bench to hear a suo motu case pertaining to journalist Arshad Sharif’s murder.

A 5-member larger bench headed by Justice Jamal Khan Mandokhail has been constituted to hear the suo motu case.

Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Hassan Azhar Rizvi, Justice Athar Minallah are included in the bench.

The decision to form a 5-member bench headed by Justice Jamal Khan Mandukhel was taken in the ratio of two to one.

Sources said Chief Justice Qazi Faez Isa gave the opinion to maintain the 3-member bench of Justice Mansoor Ali Shah, while Justice Mansoor Ali Shah, Justice Muneeb Akhtar gave the opinion to form a 5-member bench headed by Jamal Khan Mandokhail.

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Top TLP leader arrested for inciting violence against SC’s CJP

Top TLP

LAHORE: Top leader of Tehreek-e-Labaik Pakistan(TLP)?  was arrested over threatening to kill the Chief Justice of Pakistan Qazi Faez Isa.

TLP vice-ameer Zaheer ul Hassan Shah has been arrested from Okara and he was hiding at an unknown location in Okara.

A case was registered against Tehreek-e-Labaik Naib Ameer Pir Zaheerul Hasan Shah for threatening to kill Chief Justice of Pakistan Qazi Faiz Isa.

Lahore Police has registered a case in Qila Gujjar Singh police station on the complaint of SHO Hammad Hussain, in which 1500 workers of TLP have also been named in the case. In the case, the Anti-Terrorism Act, religious hatred, rioting and Provisions have been added to put pressure on the judiciary.

The case also includes the provisions of contempt of the higher judiciary, interference in government and obstruction of legal duties.

Police said that in the protest outside the press club, Pir Zaheerul Hasan spread hatred against the Supreme Judiciary, which has registered a case against 1,500 workers, including the TLP vice-chairman.

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TLP leader booked for threatening CJP Isa

TLP

LAHORE: A case has been registered against Vice Amir of Tehreek-e-Labaik Pakistan (TLP) Pir Zaheer Ul Hasan Shah for threatening to Chief Justice of Pakistan Qazi Faez Isa.

According to the police, 1,500 TLP workers have also been named in the case, while provisions of the Anti-Terrorism Act, religious hatred, sedition and putting pressure on the judiciary have been included in the case.

The case also includes the provisions of contempt of the higher judiciary, interference in government and obstruction of legal duties.

Police said that in the protest outside the press club, Pir Zaheer ul Hasan spread hatred against the Supreme Judiciary, which has registered a case against 1,500 workers, including the TLP vice-chairman.

Lahore Police registered the case in Qila Gujjar Singh police station on the complaint of SHO Hammad Hussain against the TLP leader and 1500 party workers for issuing death threats to the chief justice.

The case refers to a speech made by Shah during a protest rally outside the Lahore Press Club during a demonstration against the SC verdict in the Mubarak Sani case.

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SC declares PTI eligible for reserved seats

SC

ISLAMABAD: The Supreme Court of Pakistan on Friday while nullifying the verdict of Peshawar High Court (PHC) declared the Pakistan Tehreek e Insaf (PTI) as eligible for the reserved seats.

Justice Mansoor Ali Shah announced the 8-5 majority verdict which was reserved previously. The court annulled the decision of Peshawar High Court (PHC) that upheld the order of Election Commission of Pakistan for denying the reserved seats to PTI-backed Sunni Ittehad Council (SIC).

Justice Athar Minallah, Justice Shahid Waheed, Justice Munib Akhtar, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hassan Rizvi, and Justice Irfan Saadat Khan also favored the judgment.

In its ruling, the court said that denial of election symbol doesn’t affect the constitution or the legal right of a political party to participate in an election and to to field candidates.

The commission is under a constitutional duty to apply all statutory provisions accordingly.

The top court remarked that PTI, as a political party, has a legal and constitutional right to reserved seats.

Rejecting the appeals filed by the SIC, the apex court said that the party cannot take reserved seats as per the Constitution.

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Senator Vawda seeks unconditional apology in contempt case

Senator Vawda

ISLAMABAD: Senator Faisal Vawda on Wednesday sought unconditional apology to the Supreme Court in the contempt of court case.

Senator Faisal Vawda has submitted a new response to the show cause in the court, in which he has apologized unconditionally and said that he leaves himself at the mercy of the Supreme Court. The  contempt proceedings against me should be terminated, from my press conference of the judiciary. “I apologize unconditionally if the dignity was hurt, the purpose of his press conference was not to insult the judiciary “he added.

Faisal Vawda took the stand that he has full respect for the judiciary and he met religious scholars after the court proceedings on June 5. He consulted with religious scholars what should be the role of a senator and he was given the opinion that he should stand with justice.

In Faisal Wada’s reply, references to Quran and Hadith were also given and it was said that in the light of Islamic teachings”.

The former minister said that Chief Justice Qazi Faez Isa also suggested that the matter is not about ego, it has been realized that it is important to maintain the good reputation of the judiciary in the society, so the Supreme Court is requested to withdraw the show cause notice issued in the contempt of court case.

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JCP approves appointment of 3 judges to SC

JCP

ISLAMABAD: Judicial Commission of Pakistan (JCP) approved appointment of three high court judges to Supreme Court (SC).

In the meeting of the Judicial Commission chaired by the Chief Justice of Pakistan Qazi Faez Isa, the appointment of three High Court judges to the Supreme Court has been recommended.

CJP Qazi Faez Isa, law minister, Auditor General for Pakistan (AGP), Pakistan Bar Council (PBC) representative, and Justice Aminuddin Khan attended the meeting.

A JCP meeting was held under the chairmanship of Chief Justice Qazi Faez Isa on the issue of appointment of three judges to vacant seats in the Supreme Court.

In the meeting, Chief Justice Lahore High Court Malik Shehzad Ahmed was recommended to be appointed to the Supreme Court while the name of Chief Justice Sindh High Court Aqeel Ahmad Abbasi was also recommended.

The judicial commission also recommended to bring Lahore High Court judge Justice Shahid Bilal to the Supreme Court.

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SC larger bench to hear SIC petition on reserved seats

SC

ISLAMABAD:  A 13-members full court of the Supreme Court has been formed to hear  the petition filed by Sunni Ittehad Council (SIC) regarding reserved seats.

The 13-member full court bench will be headed by Chief Justice of Pakistan Qazi Faez Isa and the hearing will be held on June 3 on the plea of the Sunni Ittehad Council. The Justice Musarrat Hilali is not included in the bench due to heart trouble.

It should be remembered that a 3-member bench headed by Justice Mansoor Ali Shah had suspended the judgment of the Peshawar High Court.

The matter was referred to the Judges Committee for interpretation of the constitutional point under the Practice and Procedure Act and constitution of a larger bench.

Speaker Khyber Pakhtunkhwa Assembly had filed appeals against the Peshawar High Court’s decision while the Election Commission of Pakistan had given a decision not to give reserved seats to the Sunni Ittehad Council, which was upheld by the Peshawar High Court.

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SC rejects plea related to regularization of JSMU staff

SC

KARACHI: The Supreme Court(SC) rejected the petition related to the regularization of the employees of Jinnah Sindh Medical University (JSMU).

In the Supreme Court Karachi Registry, the Chief Justice of Pakistan heard the case of regularization of 600 contract employees of JSMU, during which the petitioner’s lawyer said that the cabinet had approved the regularization of these employees but they were dismissed.

The Chief Justice said that how can the cabinet approve the regularization, “If the law allows regularization, tell me, it is not a matter of policy, it is a matter of violation of the law, what does the law say”.

Chief Justice Qazi Faez Isa said that where is it written in the constitution, the cabinet is above the law. The Sindh Assembly should make the law and then regularize it under the law.

The petitioner’s lawyer told the court that there is a law for regularization of university employees in the rules of business, on which the chief justice said that do not make the rules of business a law for appointment and regularization, it will not apply here.

Meanwhile, Justice Jamal Khan Mandokhail said that the conditions of universities in Pakistan are bad and ad-hoc recruitment is being done on contract basis in universities, there should be a ban on ad-hoc recruitment for more than 6 months in all universities.

The Chief Justice said that we will not do the work of the government and parliament.

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SC orders allotment of plots to Nullah affecttees in one month   

SC

KARACHI: The Supreme Court (SC) has ordered to give allotment to the victims of Gujjar Nullah(Gujjar drain) , Orangi and Mahmoodabad Nullah in one month.

In the Supreme Court Karachi Registry, Chief Justice of Pakistan Qazi Faez Isa heard case regarding the payment of compensation to the victims of Gujjar Nullah, Orangi and Mahmoodabad Nullah. Advocate General appeared in the court.

During the hearing, the court said that if there are more victims of the drain, approach the ADC-2 South within a month.

The court inquired that what has been implemented so far. Advocate General Sindh said that the victims are being given a plot of 80 yards and money for construction. The Sindh government had also fixed 1 million expenses for the construction of these houses.

The Chief Justice asked whether the houses removed from the drains were legal or illegal. This is not the money of the government but the money of the people of Sindh and this cannot misuse it.

The Advocate General told the court that the victims were asking for more money and on the suggestion of the victims, the matter was referred to the Engineering Council. On this, the court said that those who want to get the plot should be allotted and those who want to wait for the decision of the Engineering Council should wait.

During the hearing in the court, two more victims complained of not getting compensation, on which the court asked why they did not get compensation, on this the lawyers of the victims told the court that we are not being listened too.

O this occasion, Advocate General Sindh said that the Commissioner Karachi is the focal person, so if there is a complaint, refer to him, the Commissioner will decide in the light of the documents whether they are affected or not.

On this, the court ordered the Commissioner Karachi to review the complaints of the victims and said that if there is any victim, then their complaint should be heard.

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SC declares Justice Shaukat Aziz Siddiqui’s removal illegal

SC

ISLAMABAD: The Supreme Court(SC) declared the removal of former judge Shaukat Aziz Siddiqui illegal and ordered to consider him a retired judge.

A 5-member bench headed by Chief Justice of Pakistan Qazi Faez Isa, Justice Aminuddin, Justice Jamal Khan Mandokhail, Justice Hasan Rizvi, and Justice Irfan Saadat completed the hearing on Shaukat Siddiqui’s constitutional petitions on January 23, 2024.

The court has now issued a 22-page detailed judgment in the case, which was written by the Chief Justice of Pakistan.

In the ongoing decision of the Supreme Court, it has been said that the dismissal of Shaukat Aziz Siddiqui by the Supreme Judicial Council is declared illegal, while on October 11, 2018, the President issued a notification for his dismissal on the recommendation of the Prime Minister is also declared null and void.

It has been said in the court decision that Justice Shaukat Aziz Siddiqui cannot be reinstated and he should be considered as a retired judge. He will be retired as a judge of Islamabad High Court and will be entitled to all benefits and pension, he will get all benefits including pension.

It should be noted that Islamabad High Court Judge Shaukat Aziz Siddiqui was removed from office on October 11, 2018, for speaking against state institutions.

The then-senior judge of the Islamabad High Court, Justice Shaukat Aziz Siddiqui, during his speech at the Rawalpindi Bar on 21 July 2018, accused the state institutions of interfering in judicial matters.

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Zulfikar Ali Bhutto was not given a fair trial, observes SC

Bhutto

ISLAMABAD: The Supreme Court(SC)  issued its brief opinion on the presidential reference regarding the judicial murder of former Prime Minister of Pakistan Zulfiqar Ali Bhutto, saying that he did not get a chance for a fair trial.

A 9-member larger bench headed by Chief Justice of Pakistan Qazi Faez Isa reserved its opinion yesterday after hearing the lawyers of the Pakistan People’s Party, Ahmad Raza Kasuri, and the judicial assistants during the hearing of the petition filed regarding the Bhutto presidential reference.

The Chief Justice of Pakistan while expressing his opinion on the Bhutto presidential reference said that the opinion of the Supreme Court is unanimous on this matter and judges are bound to decide according to the law.

The CJP said that they cannot correct themselves unless they admit their mistakes, 5 questions have been raised in the reference, Zulfiqar Ali Bhutto did not get a fair trial while the opinion of the SC will be unanimous and added that on the fundamental right was not implemented in Bhutto’s trial.

Justice Isa said that the work of the judiciary is to deliver justice, there are many cases in history in which correct decisions were not made, they cannot go in the right direction without correcting the mistakes of the past.

Chairman People’s Party Bilawal Bhutto Zardari was also present in the court when the Supreme Court gave its opinion on the presidential reference.

Bilawal Bhutto Zardari later speaking to the media outside the Supreme Court said that today the apex court has given a historic verdict by admitting that Zulfiqar Bhutto did not get a fair trial. He said the court remarked that the verdict was delivered to correct past mistakes.

Bilawal said that he is waiting for the detailed decision of the Supreme Court and he will talk to the media after the detailed decision of the court.

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