Who will have a more disputed, tainted and despicable legacy: Justice Munir, Qazi Faez Isa or Iftikhar Muhammad Chaudhary?

Who has a more controversial and tainted legacy?

  • Justice Munir

    Votes: 0 0.0%
  • Justice Iftikhar Muhammad Chaudhary

    Votes: 0 0.0%
  • Others

    Votes: 0 0.0%

  • Total voters
    12
Peshawar High Court has ordered the agency to republish the report after Transpress International Pakistan declared Khyber Pakhtunkhwa Judiciary as the third corrupt institution. According to the details, the Chief Justice of Peshawar High Court announced the reserved decision on February 19, the court ordered Transparency International Pakistan to republish the annual report of 2023, the court ordered Transparency International to include non-existent data in the report.

Directing the publication of a fact-based report, he asked that the total number of forms rejected during the survey should be published in the report.

The court order asked Transparency International to submit the report to the Registrar Peshawar High Court by April 24 and publish all public opinion ratios clearly, leaving no ambiguity for the reader, to Transparency International of the survey 2023. The initiative to correct the report should have been taken on its own, the decision should not be taken to imply that any freedom of expression has been banned, the court encourages effective, investigative, accurate research that is useful to institutions and the public.

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CJP Qazi Faez Isa returns protocol

According to sources in the Supreme Court (SC), now only two cars are left in the CJP’s motorcade.

Sources said that Justice Isa’s car stopped at all signals on its way back from the SC’s Karachi Registry on Wednesday.

The chief justice further directed that the pilot should not be placed in front of the vehicle and traffic should flow normally during his movement.

Earlier, Justice Qazi Faez Isa had refused to get a guard of honour and VIP protocol unlike his predecessors as he reached Supreme Court in his 1800cc ordinary car.

CJP Isa declined the customary privileges which come with his high office, showcasing a departure from the norm.

Justice Isa avoided the customary state vehicle and protocol that typically accompany the office.

Besides, he opted for standard security measures, consistent with those provided to other esteemed judges of the apex court, foregoing the VIP state protocol.

 

Armed men kidnap a senior judge in Pakistan’s restive northwest​


Armed men ambushed and kidnapped a senior judge in Pakistan’s restive northwest, a police official said Sunday.

Around 15 men on motorbikes intercepted Judge Shakirullah Marwat’s vehicle as he was travelling toward Dera Ismail Khan district in Khyber Pakhtunkhwa province, said police official Faheem Khan. The assailants set the car on fire before fleeing with him. The driver was not harmed, Khan said.

There was no immediate claim of responsibility for Saturday evening’s assault, but suspicion is likely to fall on the Pakistani Taliban, or TTP, who made the province their stronghold.

It’s unusual for militants in the northwest to target a judge of Marwat’s seniority, who normally travels with tight security. The militants have generally attacked security personnel or infrastructure.

Khan said a search operation had been launched for the judge and a counter-terrorism team had joined the investigation.

Pakistan has witnessed a surge in violence, mostly blamed on the TTP, since the group unilaterally ended a cease-fire with the central government in November 2022.

Last weekend, gunmen opened fire at customs officials, killing two and wounding three others in Dera Ismail Khan.

 

President approves issuance of Justice Shaukat Aziz’s retirement notification​


In the light of the Supreme Court of Pakistan’s judgment of 22-03-2024, he approved the issuance of retirement notification under Article 195 of the Constitution of Pakistan.

The President also approved the withdrawal of the Law and Justice Division’s notification, dated 11-10-2018, regarding Justice Shaukat Aziz Siddiqui’s removal as Judge, Islamabad High Court.

Earlier in March, the Supreme Court overturned the Supreme Judicial Council (SJC)’s October 2018 notification, which led to the dismissal of Islamabad High Court (IHC) senior puisne judge Shaukat Aziz Siddiqui.

The dismissal stemmed from serious allegations leveled by Siddiqui against a former spy chief.

The 23-page verdict compiled by CJP Justice Qazi Faez Isa stated that Siddiqui should be declared as a retired high court judge and will also get the perks and benefits of retirement.

The former judge had challenged the Supreme Judicial Council (SJC) about his removal from service after a speech he had delivered at Rawalpindi Bar Association.

In his speech at Rawalpindi Bar Council on July 21, 2018, Justice Siddiqui had accused former Inter-Services Intelligence (ISI) chief Lt Gen Faiz Hameed and some other officials of trying to manipulate the IHC benches as well as the accountability courts that work under the high court.

Around a week after the event, the SJC initiated misconduct proceedings against the IHC judge for purportedly breaching the judge’s code of conduct. The council on October 11, 2018 recommended his removal.

The former judge later approached the apex court against the SJC order. However, his appeal against the council’s verdict was taken up only after Justice Isa assumed office as the chief justice of Pakistan.

 
RIP Pakistan Judiciary
=====
Federal Law Minister Azam Nazeer Tarar opened up a ‘proposal’ to extend the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa

According to the details, the law minister in a statement said that proposals are being circulated related to the tenure of the Chief Justice of Pakistan. “I will not vehemently turn down the proposals related to the tenure of the Chief Justice,” he added.

Azam Nazeer Tarar said that the parliamentary committee’s role in judges’ appointments is nothing more than a ‘rubber stamp’. He said that after the 19th constitutional amendment, the parliamentary committee’s role in judges’ appointments has become like a rubber stamp.

The law minister was of the view that in the 18th constitutional amendment, the government had maintained a balance in judges’ appointments.

Article 179 of Constitution of Pakistan stated: “A judge of the Supreme Court shall hold office until he attains the age of sixty five years, unless he sooner resigns or is removed from office in accordance with the Constitution”.

It is pertinent to mention here that the federal government is ‘considering’ to consolidate the tenure of Chief Justice of Pakistan for three years as CJP Qazi Faez Isa is set to retire on Oct 25, 2024.

Sources told ARY News that the government would introduce amendments in the Constitution if a firm decision is taken to consolidate Chief Justice of Pakistan’s tenure for three years.

Sources added that a committee, constituted in this regard, has started preparations for the constitutional amendment. A decision in this regard will be made following the Seante elections.

According to the Constitution, the Chief Justice of Pakistan (CJP) and each of the other Judges of the Supreme Court shall be appointment by the President in accordance with Article 175A.

Source: Ary News
 
Justice Munib Akhtar to take oath as acting CJP tomorrow

Justice Munib Akhtar will discharge his duties as the acting CJP in the absence of Chief Justice of Pakistan Justice Qazi Faez Isa and the senior-most judge Justice Mansoor Ali Shah.

The oath-taking ceremony will take place tomorrow at the SC Judges Block at 10:30 am. Justice Yahya Afridi will administer the oath to his fellow judge.

SC judges and senior lawyers will grace the ceremony.

Akhtar was born in 1963. He completed his early education at Aitchison College.

Akhtar graduated with a B.A. from Government College University, Lahore in 1983 and from Princeton University in 1986 after completing a 150-page long senior thesis titled “Pakistan and South Korea 1947 — 1970: A Comparative Analysis of Economic Development.” He earned his LLB from Punjab University Law College in 1989.

Justice Munib Akhtar’s legal career began with his enrollment as an advocate in subordinate courts in 1990. He was enrolled to the Sindh High Court in 1992 and the Supreme Court of Pakistan in 2009.

Akhtar’s practice focused on the Supreme Court and High Courts, specializing in civil law with an emphasis on commercial, corporate, arbitration, and taxation matters.

 
Justice Munib Akhtar to take oath as acting CJP tomorrow

Justice Munib Akhtar will discharge his duties as the acting CJP in the absence of Chief Justice of Pakistan Justice Qazi Faez Isa and the senior-most judge Justice Mansoor Ali Shah.

The oath-taking ceremony will take place tomorrow at the SC Judges Block at 10:30 am. Justice Yahya Afridi will administer the oath to his fellow judge.

SC judges and senior lawyers will grace the ceremony.

Akhtar was born in 1963. He completed his early education at Aitchison College.

Akhtar graduated with a B.A. from Government College University, Lahore in 1983 and from Princeton University in 1986 after completing a 150-page long senior thesis titled “Pakistan and South Korea 1947 — 1970: A Comparative Analysis of Economic Development.” He earned his LLB from Punjab University Law College in 1989.

Justice Munib Akhtar’s legal career began with his enrollment as an advocate in subordinate courts in 1990. He was enrolled to the Sindh High Court in 1992 and the Supreme Court of Pakistan in 2009.

Akhtar’s practice focused on the Supreme Court and High Courts, specializing in civil law with an emphasis on commercial, corporate, arbitration, and taxation matters.

An able jurist but lacks courage just like Bandial.
 

Not ‘B-team’ of any institution or agency, says LHC CJ​


Chief Justice Malik Shahzad Ahmad Khan of the Lahore High Court urged district court judges to work with honesty and without fear, asserting that "we are not the B-team of any institution or agency."

Addressing the concluding ceremony of the 2024 three-month pre-service training programme for newly appointed Additional District & Sessions Judges and Civil Judge-cum-Magistrates at the Judicial Academy, Chief Justice Malik Shahzad emphasised the divine nature of their duty.

"God chose you to render this job with honesty for the purpose of dispensing justice to the needy masses," he said. "You should work only in fear of the 'God of Arsh,' without fearing the 'gods of farsh'."

"We don't seek confrontation with the government or any institution, but don't pin hopes on us if there is no respect for the judiciary," he added. He stressed that the judicial system serves not only the powerful but also the poor and aggrieved. "There must be the fear of God, to whom we are answerable, and don’t be bothered by what may come."

Highlighting the qualities required of a judge, Chief Justice Malik Shahzad stated, "Justice among human beings is one of the features of God. Render this job without any fear or lust. A judge must have a complete grip on the Constitution, treat lawyers and litigants with patience, and maintain an impeccable character."

He also noted the critical difference between a government employee and a judge. "A government employee cares for his job only for perks and privileges, while a judge, without concern for his job, spends his life dispensing justice to the needy."

Chief Justice Malik Shahzad praised the judges for their hard work despite a shortage of judges. "The total number of cases in Punjab is 1.4 million, while the sanctioned strength of judicial officers is 2,364. Currently, there are 1,760 judges, leaving us 800 judges short (670 civil judges and 130 additional district & sessions judges)," he said.

In the last three months, 816,675 cases were filed in Punjab, 825,195 were decided, and the number of pending cases decreased by 8,520.

To significantly reduce the backlog of 1.4 million cases, Chief Justice Malik Shahzad outlined several solutions. He identified adjournments due to the absence of witnesses, sometimes overseas, as a major cause of delays.

"To dispense justice in time, we are launching 'video link' in Punjab courts to enable remote participation in proceedings," he said. He urged the use of technology, such as case follow-up management systems, E-Stamp, E-Filing, IMO, WhatsApp, and other modern tools.

He also addressed the issue of lawyer strikes, which impede the timely dispensation of justice. "After taking the oath as chief justice, I convened a meeting of judges. We are united and will not tolerate strikes that delay justice for the needy masses."

Chief Justice Malik Shahzad highlighted the importance of Alternate Dispute Resolution (ADR) courts, comparing their usage in foreign countries to Pakistan. "In America, 95% of criminal cases are sent to ADRs, while only 5% go to other courts. In Lahore, since the establishment of ADR on November 16, 2023, 108 cases were referred, and 105 were resolved," he said. He announced plans to launch ADRs in each district of Punjab soon.

"We are committed to making the judiciary a beacon of justice, serving the powerful and the poor alike, with honesty and without fear," he concluded.

 
PTI demands CJP Faez Isa to distance himself from cases related to party

The Pakistan Tehreek-e-Insaf (PTI) core committee has issued a statement condemning the Federal Investigation Agency’s (FIA) investigation into a social media post by PTI Chairman Imran Khan and rejecting any potential new case based on it. The committee also demanded Chief Justice of Pakistan Qazi Faez Isa recuse himself from cases related to Khan and the party.

The statement, issued after a crucial meeting of the core committee on Friday, asserted that the FIA investigation and any potential new case were unjustified. The committee reviewed the social media release of a documentary based on the findings of the Hamoodur Rehman Commission Report, highlighting its significance in understanding the challenges facing Pakistan.

The committee called for the immediate release of the Hamoodur Rehman Commission Report to the public, emphasizing the need to learn from history and inform the public about the realities of the situation. In light of the FIA notices issued, the committee has entrusted its legal team to develop a comprehensive legal strategy regarding the documentary.

The statement reiterated the PTI’s commitment to upholding the Constitution and rule of law in all political matters. It also emphasized the importance of the armed forces remaining within their constitutional boundaries and fulfilling their national defense responsibilities.

The committee acknowledged the tragic loss of East Pakistan in 1971, attributing its causes to political factors. It highlighted that the Hamoodur Rehman Commission Report, appointed by the Pakistani government, detailed these contributing factors.


AAJ News
 
Never thought he will be exposed this easily, infact even his peers are disgracing him
 
CJP ISA is not a good name as far as the judiciary is concerned. This guy has been controversial especially because of his biased decision against a specific political party. Should just stay away from those cases to kill the heat.
 

‘More senior journalist’ than court reporters, quips CJP​


Chief Justice of Pakistan (CJP) Qazi Faez Isa on Friday claimed he was a more senior journalist than those doing court reporting and to substantiate his claim, he cited several articles he authored, including those published in this newspaper.

According to the CJP, after the Supreme Court judgement on March 6, regarding a presidential reference in which the apex court declared the trial of former prime minister Zulfikar Ali Bhutto as unfair, a Christian foreigner said to him, “Can you revisit that decision (trial of Jesus Christ) also”.

In his article ‘Trial of Jesus Christ, The Negation of Justice’ published in 2001, CJP Isa tried to establish how a number of instances suggested the negation of justice to Jesus Christ by the Sanhedrin court.

“The Pakistani courts can do anything,” came a remark by a journalist attending the swearing-in ceremony organised to administer the oath to the newly elected body of journalists covering the Supreme Court called the Press Association of the Supreme Court (PAS).

The ceremony was also attended by Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Naeem Akhtar Afghan, and Attorney General for Pakistan Mansoor Usman Awan.

Justice Isa, other judges attend oath-taking ceremony of association of SC reporters

“I will take this remark in good humour rather than a criticism,” the CJP observed, adding, “We should always hurry in doing good deeds.”

He also recalled how he cited a judgement from the House of Lords on a shipping matter to convince his colleague as the chief justice of the Balochistan High Court (BHC) to write short sentences in a convincing manner.

In that judgement, a very short sentence was used to encompass a complete picture like “The ship sailed”.

The CJP then cited a book called “First You Write a Sentence” by Joe Moran, stating he benefited greatly from the book by learning how to write. “There is a lesson in the book not only for the journalists or lawyers but also for the judges,” he said.

“There is no virtue in volume and no virtue in bulk,” the CJP said and then recalled how the Lahore High Court judgement on the murder conviction of Zulfikar Ali Bhutto ran in 627 paragraphs, whereas the March 1979 majority judgement of the Supreme Court had spread over 963 paragraphs.

“I have never come across such a heavy judgement in our criminal jurisprudence,” he said, adding maybe there was no equal in the civil law jurisprudence also.

He said every citizen even lawyers had their view on this judgement, but whenever “you ask someone have you ever read the judgement”, the reply has come in negative.

The CJP also showed journalists copies of Daily Dawn in which he had written a number of articles, like the one he wrote on December 25 1987, about “Quaid at the Bar”, as well as “Rascality of the British”.

In addition, he also wrote a book called “Mass Media Laws and Regulations,” which was published by Asia Media Information Centre in 1997 with a commentary by Javed Jabbar.

The CJP cited a number of instances of how witty the founding father Quaid-e-Azam Muhammad Ali Jinnah was and said even his mother Syeda Qazi Isa wrote an article titled: “Christening of Jinnah”.

 
Now what would Mr CJP do against him?
====
Senator Faisal Vawda on Wednesday tendered an unconditional apology to the Supreme Court, asking it to withdraw the contempt charges against him

On May 17, a three-judge Supreme Court bench headed by Chief Justice of Pakistan Qazi Faez Isa issued contempt charges against Vawda for his outburst against the judiciary during a press conference at the National Press Club in Islamabad.

The notices were issued for several “malicious” allegations against the judiciary and the judges.

The court had also issued show cause notices to 34 television channels, asking them to explain why contempt proceedings should not be initiated against them for airing the remarks of Vawda as well as MQM-P’s MNA Mustafa Kamal criticising the judiciary.

Kamal had already submitted an unconditional and unqualified apology for his utterances.

Earlier this month, Senator Vawda had requested SC to withdraw the contempt of court charges, stating he never intended to bring the judiciary into disrepute.

In his apology today, a copy of which is available with Dawn.com, Vawda said that he had every respect and regard for the judiciary, adding that he could not “imagine to do any act which lowers the estimation of the judiciary in any manner.”

He said that the matter was not about anyone’s ego and one should “act more cautiously to work towards the establishment of a better image of the judiciary.”

“It will be adverse to the interests of the people of Pakistan if two Constitutional bodies are seen to be standing against each other,” Vawda said in his letter.

He said has realised that the maintenance of a good public image and estimation of the judiciary was vital for the judiciary to be able to perform.

Source: Dawn News
 

Denying women inheritance goes against Islamic teachings: CJP Isa​


Chief Justice of Pakistan Justice Qazi Faez Isa has criticized men for depriving women of their property rights, calling it a violation of Islamic teachings.

He highlighted instances where sons claim inheritance rights over property, stating it was gifted to them upon their father's demise.

Speaking at a conference for justice in Islamabad, the CJ underscored that the constitution mandates women's representation across all sectors. Article 25 ensures equal treatment, emphasizing that women not only enter the National Assembly through reserved seats but also win elections and become parliamentarians.

Justice Isa also noted that the constitution guarantees compulsory education for sixteen years. He lamented a disregard for social history within the Muslim community and condemned the misuse of honor killings in the name of dignity.

Following this, Justice Isa stressed that true adherence to Islam opposes such acts of selfishness.

The CJ reiterated that denying women their rightful inheritance is a serious offense against Islamic principles, highlighting such cases often arise son after a father's death, where sons claim to have received property as a gift.

 

'Enough is enough': Tensions flare up between CJ Qazi Faez Isa and PTI lawyer​


The Supreme Court (SC) hearing on the formation of election tribunals commenced with a heated exchange between Chief Justice Qazi Faez Isa and Pakistan Tehreek-e-Insaf (PTI) lawyer Niazullah Niazi.

Niazullah Niazi objected on Thursday to the inclusion of the Chief Justice in the bench, a motion swiftly dismissed by Chief Justice Isa.

"Why not refer Niazullah Niazi's case to the Pakistan Bar Council? Are we here to be insulted? Enough is enough," CJ Isa remarked adding that, "We are aware of your political affiliations and will not tolerate continued contempt of the judiciary. This must end."

CJ Isa emphasised that the authority to form benches now lies with the Practice and Procedure Committee, marking an end to the era when the CJ had that prerogative.

Niazi, alluding to Imran Khan, stated, "The one in jail objects that his election symbol was taken away."

In response, CJ remarked, "We provided video link facilities from jail, and no objections were raised at that time. Ali Zafar did not raise any objections in the intra-party election case either. This defamation of institutions must stop. Headlines in newspapers question how the bench was formed. The era of popular decisions is over; now, the committee has the authority to form benches."

Justice Jamal Khan Mandokhail further added, "Courts do not operate based on public wishes."

The latest flare up between the judiciary and PTI lawyers is not isolated incident.

Previous hearings have also seen tensions between CJ Isa and Advocate Niazi. In an earlier case, the PTI lawyer had leveled serious allegations against the CJ in court but failed to provide any proof to back his claims.

 
Well done Justice Mushir!
=====
Former Supreme Court Judge, Justice (Retired) Mushir Alam has declined the appointment as an ad-hoc judge through a letter penned to the Judicial Commission of Pakistan (JCP) on Tuesday

Expressing gratitude, Justice Alam wrote, "God has honoured me beyond my position...I am thankful to the Judicial Commission for the honour of being reappointed as an ad-hoc judge."

Justice Alam cited disappointment with the social media campaign that emerged following his nomination as a significant reason for his decision. "The campaign on social media after the nomination of ad-hoc judges has been deeply discouraging," the letter read.

"In the current circumstances, I regret that I am unable to serve as an ad-hoc judge," he conveyed.

Yesterday, the Chief Justice of Pakistan Qazi Faez Isa proposed four retired judges for the appointment as four ad hoc judges for three years in the apex court.

It included Mushir Alam, Mazhar Alam Miankhel, Maqbool Baqar and Sardar Tariq Masood.

In this regard, the chief justice summoned the JCP meeting on July 19 to consider the nominees.

The summary, sent by CJP Isa to all JCP members, stated that having perused the Registrar’s note and reviewed the statistics about the pendency of cases it transpired that despite our best efforts the cases continue to accumulate.

“Therefore, because of the huge number of pending cases and the ever-increasing trend of the institution of cases in the Supreme Court, an effective way to ensure that more cases are decided than instituted and to reduce, and hopefully eliminate the cases which are pending adjudication for several years, it would be appropriate to appoint experienced judges as ad hoc Judges of the Supreme Court.”

“Such ad hoc judges can only be appointed if three years have not expired since their retirement. Luckily, we have a number of very experienced Judges enjoying excellent reputations who may be appointed," it stated.

Response of the other three nominees

Sources have revealed that two retired justices, Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel, have agreed to their appointments.

Both the judges have expressed their content for the ad hoc position as nominated by CJP, according to sources

Meanwhile, Justice (Retired) Maqbool Baqar has not yet responded to the SC Registrar regarding his nomination.

Source: The Express Tribune
 

Another retired judge turns down ad hoc Supreme Court appointment​


An esteemed former judge of the Supreme Court (SC) Justice (retd) Maqbool Baqar declined the appointment as an ad-hoc judge, a day after another former SC judge Justice (retd) Mushir Alam rejected the offer for the same position, Express News reported.

Media reports revealed that while Justice Maqbool was initially supportive of the appointment, he withdrew today, citing personal and domestic reasons. Justice Maqbool expressed gratitude for the nomination but ultimately decided against accepting the prestigious role.

Meanwhile, reports indicate that Justice (retired) Mazhar Alam Miankhel and Justice (retired) Sardar Tariq Masood have expressed their willingness to take up the ad hoc judge positions, demonstrating their continued commitment to judicial service.

The issue surfaced following a letter from Justice (retired) Mushir Alam to Chief Justice of Pakistan Qazi Faez Isa, who also heads the Supreme Judicial Council overseeing these appointments. In his letter, Justice Alam expressed gratitude for the nomination but regretfully declined due to current circumstances.

In his correspondence, Justice Alam emphasized his respect for the Judicial Commission and the Supreme Court, acknowledging the trust placed in him.

Justice Alam cited disappointment with the social media campaign that emerged following his nomination as a significant reason for his decision. "The campaign on social media after the nomination of ad-hoc judges has been deeply discouraging," the letter read.

"In the current circumstances, I regret that I am unable to serve as an ad-hoc judge," he conveyed.

Expressing gratitude, Justice Alam wrote, "God has honoured me beyond my position...I am thankful to the Judicial Commission for the honour of being reappointed as an ad-hoc judge."

Meanwhile, Pakistan Tehreek-e-Insaf (PTI) has voiced opposition to these ad-hoc appointments in the SC.

PTI Chairman Barrister Gohar criticized the appointments, alleging they were tainted with dishonesty, and announced plans to challenge them in the Supreme Judicial Council.

 

JCP 'greenlights' appointment of two ad hoc judges to Supreme Court​


In a major development, the appointment of two ad hoc judges to the Supreme Court — Justice (retd) Tariq Masood and Justice (retd) Mazhar Alam Miankhel — was approved by the Judicial Commission of Pakistan (JCP) on Friday.

 
Lol, have heard the government wants to roll back the Supreme Court Practice and Procedures Bill and now wants to empower the present CJ Qazi Faiz Essa to select benches of his own choosing. Bunch of badniyat losers.
 

Justice Minallah expresses desire for open courts during martial law threats​


Justice Athar Minallah of the Supreme Court of Pakistan has expressed his desire for courts to remain open whenever there is a threat of martial law in the country.

Speaking at the New York City Bar in New York, he said, "I want the courts to be open whenever there is a danger of martial law."

Justice Minallah criticised certain television channels for creating an environment suggestive of imminent martial law in Pakistan, although he refrained from naming any specific channels.

"A martial law atmosphere is being created. I don't want to name the TV channel, but it is making it seem as if martial law is about to be imposed," he remarked.

Reflecting on historical events, he lamented that the courts were not open on key dates when martial laws were imposed.

"I wish the courts were open on 12 October 1999, when Pervez Musharraf ousted the elected prime minister. I wish the courts were open on 5 July 1977, when Ziaul Haq removed the elected prime minister," he said.

He further added that any attempt to unconstitutionally remove former prime minister Imran Khan would have been a test for the Islamabad High Court. "It would have been a test to see whether the Islamabad High Court would stand for the supremacy of the Constitution," he stated.

 
CJP’s recusal sought from PTI-related cases

Former prime minister Imran Khan on Thursday approached the Supreme Court requesting Chief Justice Qazi Faez Isa not to head any bench that takes up matters involving him, his wife or any family member, the PTI or the Sunni Ittehad Council (SIC).


In an application before the three-judge committee constituted under the Supreme Court (Practice and Procedure) Act, namely CJP, senior puisne judge Justice Syed Mansoor Ali Shah and Justice Muneeb Akhtar, Imran Khan said he had expected that on assumption of high office of the CJP, the past (filing of a reference against Justice Isa by the PTI government over properties in Britain) would fade away.

“But this has not happened,” the application said. “The alleged conduct and demeanour of the CJP while hearing matters in which the applicant (Imran Khan), the PTI and members of SIC have an interest, have led him to believe that his lordship’s (CJP) presence in benches hearing matters in which the applicant, his spouse and family members were involved, will be inimical to the confidence of a large part of the people of Pakistan in the impartiality of the judicial process.”

The applicant does not believe that he, his spouse and family, the PTI, its members and SIC will be fairly dealt with in accordance with the law and the Constitution by the Chief Justice of Pakistan in any matter presently pending before the court or any matter that may come up in future, Imran Khan said.

‘Grand meeting’

A citizen, Qazi Muhammad Saleem, has moved a petition before the Supreme Court requesting it to take suo motu notice and host a “grand meeting” featuring former prime ministers Nawaz Sharif and Imran Khan, as well as former foreign minister Bilawal Bhutto, by acting as a “constitutional guide” to help them work out a national plan to get the country out of the current crisis.

Arshad Sharif case

The Supreme Court will resume hearing on the killing of journalist Arshad Sharif in Kenya on July 29. The bench will consist of Justice Syed Mansoor Ali Shah, Justice Naeem Afghan and Justice Shahid Bilal.

DAWN
 
Justice Tariq Masood, Justice Mazhar Alam take oath as ad hoc judges

The oath was administered by Chief Justice of Pakistan Qazi Qazi Faez Isa, where Justice Mansoor Ali Shah, Attorney General Mansoor Usman Awan, law officers, lawyers, and court staff attended the oathtaking ceremony.
Both judges have previously served on the Supreme Court of Pakistan. Their appointment is made under Article 182 of the Constitution of the Islamic Republic of Pakistan.

Despite severe criticism, the Judicial Commission of Pakistan (JCP) last week approved the nomination of two retired Supreme Court judges for appointment as ad hoc judges of the apex court for one year.

A JCP meeting was held to consider the nominations of both retired judges, with Chief Justice of Pakistan Qazi Faez Isa presiding.

By a majority vote of 8 to 1, the JCP approved the nomination of Justice (retired) Sardar Tariq Masood as an ad hoc judge of the apex court. The nomination of Justice (retired) Mazhar Alam Miankhel was approved by a majority of 6 to 3.

Besides these two former judges, the names of Justice (retd) Mushir Alam and Justice (retd) Maqbool Baqar were also being considered for the ad-hoc role before they declined the offer.

Justice Alam retired from the Supreme Court on Aug 21, 2021; Justice Baqar, who served as the Sindh chief minister during the last caretaker set-up, retired on April 4, 2022; Justice Miankhel retired on July 13, 2022; and Justice Masood on March 10, 2024.

 

Asif says govt will not tolerate death threats against CJP, vows strict action​


Defence Minister Khawaja Asif on Monday announced that stringent action will be taken against those issuing death threats to Chief Justice Qazi Faez Isa.

Speaking at a joint press conference with Federal Minister for Planning Ahsan Iqbal, Asif emphasized that the state will not tolerate 'fatwas calling for murder'.

During the press conference, Asif condemned the inflammatory remarks made against CJ Isa and highlighted attempts on social media to incite the public to commit murder. He warned that permitting such rhetoric could lead to the disintegration of the state's structure. The Defence Minister pointed out that there are efforts to incite violence in the name of religion, with CJ Isa being targeted through various pretexts.

The minister reiterated that the state would not accept any group dictating terms, emphasizing the importance of upholding the rule of law and justice in the country.

Federal Minister Ahsan Iqbal too declared that threatening the CJ is a direct rebellion against the constitution. He asserted that the authority to judge and impose penalties lies solely with the judiciary, and no group has the right to issue death fatwas.

Iqbal emphasized that terrorism, suicide bombings, and issuing fatwas have no connection with Islam and vowed that the law would take strong action against such elements. He stressed the state's responsibility to protect every citizen.

 

PBC challenges LHC CJ’s appointment over violation of seniority principle​


Pakistan Bar Council’s (PBC) members challenged the appointment of Justice Aalia Neelum as Chief Justice of the Lahore High Court (LHC) in the Supreme Court of Pakistan Lahore Registry, terming it as a sheer violation of the seniority principle, constitutional convention, independence of judiciary, fundamental rights enshrined under the Constitution of Pakistan, 1973 and the rule of law.

They requested the court to set aside that impugned notification issued on July 10 by appointing Justice Neelum as Punjab's top judge.

PBC members Tahir Faraz Abbasi, Munir Ahmed Kakar, Abid Shahid Zuberi, Shahab Sarki, Shafqat Mehmood Chauhan, Chaudhary Ishtiaq Ahmed Khan and Chaudhary Ikhlaq Ahmed filed the plea, making the federation, the Judicial Commission of Pakistan (JCP) and parliamentary committee respondents through their secretaries.

They also requested the court to pass directions that the constitution of the JCP shall be completed in accordance with Article 175 of the Constitution of Pakistan for the appointment of Chief Justice of the Lahore High Court.

They further maintained that after its constitution, the commission must reconvene and consider the appointment of the senior most judge of the Lahore High Court as the Chief Justice of the Lahore High Court.

The petitioners also raised twelve points of law and public importance questioning “whether the appointment of Chief Justice of the Lahore High Court, in violation of the seniority principle, is a matter of public importance under Article 184 (3) of the Constitution of Pakistan, 1973 and the judgment of this court in the case of Al-Jehad Trust versus the Federation of Pakistan (cited in PLD 1996 SC 324)”.

They also questioned whether the JCP was properly constituted on July 2 wherein the decision to nominate the Chief Justice of the Lahore High Court was made.

The petitions inquired whether judicial appointments made in violation of the seniority principle are a threat to access to justice, independence of the judiciary, fundamental rights, and the rule of law.

They further objected to whether judicial appointments, made in violation of the seniority principle, are a threat to the faith and confidence that the public places in the judiciary.

The petitioners contended that the office of LHC chief justice became vacant after the elevation of Justice Malik Shahzad Ahmad Khan to the Supreme Court on June 7, 2024, following which Justice Shujaat Ali Khan was appointed as acting chief justice of the LHC.

Thereafter, the JCP convened a meeting to consider the nominations of three judges for the position of Chief Justice of LHC, including acting Chief Justice Shujaat Ali Khan, Justice Ali Baqar Najafi, and the now Chief Justice of the Lahore High Court, Justice Aalia Neelum.

At this juncture, it is pertinent to highlight that Justice Neelum was the most junior amongst the three candidates for the post of Chief Justice of LHC.

The most senior was the acting Chief Justice Khan, who was appointed as additional judge on March 27, 2012, the second in the list was Justice Ali Baqar Najafi, who was appointed on April 16, 2012, and Justice Aalia Neelum who was appointed as an additional judge on April 12, 2013.

The petition maintained that the people need to have faith that judicial appointments are made in accordance with the rule of law, meritocracy, and fairness and an appointment that is made in violation of the said principles seriously threatens the rule of law in the country, which is the bedrock of the Constitution.

The seniority principle, as laid out in the seminal judgment of Al-Jehad trust, is also a constitutional convention.

For example, if judges start to believe that their appointment to the post of Chief Justice of the High Court or elevation to the Supreme Court turns on the subjective views of the members of the superior judiciary, then their independence can be compromised.

However, if judges are aware that their appointment, as Chief Justice of a High Court or elevation to the Supreme Court only turns on the principle of seniority, then junior judges will not feel pressured to be on good terms with or act in accordance with the wishes of certain members of the judiciary and this will only inspire further confidence in the independence of the judiciary amongst the public.

The Al-Jehad Trust judgment also maintains that if the senior most judge is not appointed as the Chief Justice of the High Court then concrete and valid reasons are to be recorded by the President/Executive in the absence of which the senior most judge would be entitled to be appointed as the Chief Justice.

However, the minutes of the meeting reveal that the JCP has grossly misinterpreted the Al-Jehad Trust judgment as it is stated in paragraph three of the minutes, “The said judgment has held that the most senior judge had a legitimate expectancy to be appointed but it was not an entitlement as of right”.

 

‘Generals, bureaucrats have taken control of country’, laments CJP Isa​


The Supreme Court of Pakistan has intervened to prevent the removal of Rana Saeed as Chairperson of the Wildlife Board, while also suspending the notification that placed the Wildlife Board under the jurisdiction of the Interior Ministry.

During a hearing concerning commercial activities in the Margalla National Park, Chief Justice Qazi Faez Isa remarked, "The generals and bureaucrats have taken control of the country's system, and the Attorney General is unaware of the proceedings."

According to Express News, the Supreme Court summoned Cabinet Secretary Kamran Ali Afzal and Attorney General Mansoor Usman Awan, as well as the owner of the private Monal restaurant, Luqman Ali Afzal. The chief justice directed that the matter be brought to the attention of the prime minister.

The court was informed that the chairperson of the Wildlife Board had been removed from her position, and following a court order, the Wildlife Department was placed under the Interior Ministry.

Chief Justice Isa questioned this move, stating, "The Interior Ministry’s role is to maintain law and order. The government's actions appear to be an attempt to override the court's decision to protect national assets. What is the relationship between the owner of the private hotel and the Cabinet Secretary? Is the Cabinet Secretary not the brother of the hotel owner? The Cabinet Secretary got the summary to remove the Wildlife Board chairperson approved by the prime minister."

After a brief recess, Attorney General Awan appeared in court, and the judges pressed for an immediate response regarding the transfer of the Margalla Hills National Park to the Interior Ministry. The court also sought details about the Pine City housing project located within the Margalla Hills.

Attorney General Awan assured the court that the issue of Rana Saeed's removal and the park's transfer would be brought to the prime minister's attention, leading the court to adjourn the hearing until August 15.

During the session, Chief Justice Isa emphasised the increasing control of the country by military and bureaucratic powers, criticising the Attorney General for being out of touch with how things are unfolding.

A notable moment occurred when Cabinet Secretary Kamran Afzal referred to the Prime Minister as "Sahib," prompting Chief Justice Isa to retort, "Refer to him as the Prime Minister or Mr Shehbaz Sharif. There is no such thing as 'Prime Minister Sahib' in English; break free from the chains of servitude."

Secretary of Climate Change informed the court that the power of judicial review lies with the courts and declined to comment further.

In a related matter, the court also discussed the transfer of the Wildlife Board under the Interior Ministry and the management of the Wildlife Board. Attorney General Awan assured the court that the notification to transfer the Wildlife Board to the Interior Ministry would be halted and that the decision to remove Rana Saeed would be reversed.

The Supreme Court directed that the matter be brought to the prime minister's notice and adjourned the case until August 15, requesting details regarding the Pine City project.

 

‘Generals, bureaucrats have taken control of country’, laments CJP Isa​


The Supreme Court of Pakistan has intervened to prevent the removal of Rana Saeed as Chairperson of the Wildlife Board, while also suspending the notification that placed the Wildlife Board under the jurisdiction of the Interior Ministry.

During a hearing concerning commercial activities in the Margalla National Park, Chief Justice Qazi Faez Isa remarked, "The generals and bureaucrats have taken control of the country's system, and the Attorney General is unaware of the proceedings."

According to Express News, the Supreme Court summoned Cabinet Secretary Kamran Ali Afzal and Attorney General Mansoor Usman Awan, as well as the owner of the private Monal restaurant, Luqman Ali Afzal. The chief justice directed that the matter be brought to the attention of the prime minister.

The court was informed that the chairperson of the Wildlife Board had been removed from her position, and following a court order, the Wildlife Department was placed under the Interior Ministry.

Chief Justice Isa questioned this move, stating, "The Interior Ministry’s role is to maintain law and order. The government's actions appear to be an attempt to override the court's decision to protect national assets. What is the relationship between the owner of the private hotel and the Cabinet Secretary? Is the Cabinet Secretary not the brother of the hotel owner? The Cabinet Secretary got the summary to remove the Wildlife Board chairperson approved by the prime minister."

After a brief recess, Attorney General Awan appeared in court, and the judges pressed for an immediate response regarding the transfer of the Margalla Hills National Park to the Interior Ministry. The court also sought details about the Pine City housing project located within the Margalla Hills.

Attorney General Awan assured the court that the issue of Rana Saeed's removal and the park's transfer would be brought to the prime minister's attention, leading the court to adjourn the hearing until August 15.

During the session, Chief Justice Isa emphasised the increasing control of the country by military and bureaucratic powers, criticising the Attorney General for being out of touch with how things are unfolding.

A notable moment occurred when Cabinet Secretary Kamran Afzal referred to the Prime Minister as "Sahib," prompting Chief Justice Isa to retort, "Refer to him as the Prime Minister or Mr Shehbaz Sharif. There is no such thing as 'Prime Minister Sahib' in English; break free from the chains of servitude."

Secretary of Climate Change informed the court that the power of judicial review lies with the courts and declined to comment further.

In a related matter, the court also discussed the transfer of the Wildlife Board under the Interior Ministry and the management of the Wildlife Board. Attorney General Awan assured the court that the notification to transfer the Wildlife Board to the Interior Ministry would be halted and that the decision to remove Rana Saeed would be reversed.

The Supreme Court directed that the matter be brought to the prime minister's notice and adjourned the case until August 15, requesting details regarding the Pine City project.

You have allowed them. Under your watch people have been kidnapped,elections have been stolen,it's greatest hero is in prison on fake cases, and we have some loser destroying the SC for his own extension.
 
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CJP Isa criticises judges for disrespecting ECP officials​


Chief Justice of Pakistan (CJP), Qazi Faez Isa, has expressed concern over the conduct of some judges, stating that while the chairman and members of the Election Commission of Pakistan (ECP) deserve respect, it is regrettable that certain judges make derogatory remarks, Express News reported.

The remarks were made as the apex court issued a ruling regarding the recounting of votes in three constituencies of the National Assembly.

The majority decision, authored by CJP Isa, emphasised that the ECP is a constitutional body and its officials, including the chairman and members, are entitled to respect.

He lamented that some judges overlook this aspect, issuing disrespectful comments. He stressed that all constitutional institutions and officeholders deserve respect, and an institution's credibility is enhanced when it performs its duties within the scope of respect.

The written decision also acknowledged that the requests for recounting votes in three constituencies were submitted on 9th and 10th February.

The Election Act of 2017 was amended on August 5, 2023, granting Returning Officers the authority to order vote recounts. The high court, however, failed to consider sub-section 5 of Section 95 during the case.

The ruling underscores the need for judicial decorum and respect towards ECP, reinforcing the importance of upholding the dignity of constitutional bodies.

 
The Supreme Court on Thursday accepted the Punjab government’s urgent application seeking omissions of certain portions from the court’s July 24 revised verdict in the Mubarak Sani case after taking input from scholars

The development came after a hearing on the Punjab government’s urgent request to omit specific sections from the judgment.

On February 6, a two-judge SC bench, led by Chief Justice of Pakistan Qazi Faez Isa, overturned the conviction of Mubarak Sani, who was accused of an offence in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.

In its judgement, the court noted that the offence that the defendant had been accused of was not criminalised till 2021. Consequently, the apex court set aside the conviction and ordered the immediate release of the petitioner.

This led to what the government and the legal community termed a “malicious and slanderous campaign” against the CJP, even prompting the Supreme Court to issue a clarification.

The decision was subsequently challenged by the Punjab government on the grounds that paragraph 9 of the order, regarding Article 20 of the Constitution, needed to be modified as the rights of the citizens as envisaged under the provision were not absolute and instead subject to law, public order, and morality.

While accepting the pleas filed by the Punjab government and other individuals, the Supreme Court on July 24 reportedly declared that the right to profess religion and religious freedom, as ensured by the Constitution, was subject to law, morality, and public order.

The judgment had emphasised that complete faith in the finality of the prophethood of the Holy Prophet (PBUH) was the very foundation of Islam — a belief without which nobody can be described as a Muslim.

However, earlier this month, the Council of Islamic Ideology (CII) expressed its reservations over a number of reasons given in the SC’s second judgment. Expressing the hope that the SC “will soon review its decision”, the CII had urged the government to play an effective role in the matter.

Various groups, including religio-political parties, have voiced their objections by carrying out rallies and even breaching the apex court’s security as they held protests.

The matter has come under discussion in the National Assembly by both the treasury and opposition benches, while the KP Assembly had also unanimously passed a resolution expressing concern over the SC verdict.

Subsequently, on August 17, the Punjab government filed an application seeking corrections that some clerics deemed were needed in the SC’s July 24 clarification.

Source: Dawn News
 
The Supreme Court on Thursday accepted the Punjab government’s urgent application seeking omissions of certain portions from the court’s July 24 revised verdict in the Mubarak Sani case after taking input from scholars

The development came after a hearing on the Punjab government’s urgent request to omit specific sections from the judgment.

On February 6, a two-judge SC bench, led by Chief Justice of Pakistan Qazi Faez Isa, overturned the conviction of Mubarak Sani, who was accused of an offence in 2019 under the Punjab Holy Quran (Printing and Recording) (Amendment) Act.

In its judgement, the court noted that the offence that the defendant had been accused of was not criminalised till 2021. Consequently, the apex court set aside the conviction and ordered the immediate release of the petitioner.

This led to what the government and the legal community termed a “malicious and slanderous campaign” against the CJP, even prompting the Supreme Court to issue a clarification.

The decision was subsequently challenged by the Punjab government on the grounds that paragraph 9 of the order, regarding Article 20 of the Constitution, needed to be modified as the rights of the citizens as envisaged under the provision were not absolute and instead subject to law, public order, and morality.

While accepting the pleas filed by the Punjab government and other individuals, the Supreme Court on July 24 reportedly declared that the right to profess religion and religious freedom, as ensured by the Constitution, was subject to law, morality, and public order.

The judgment had emphasised that complete faith in the finality of the prophethood of the Holy Prophet (PBUH) was the very foundation of Islam — a belief without which nobody can be described as a Muslim.

However, earlier this month, the Council of Islamic Ideology (CII) expressed its reservations over a number of reasons given in the SC’s second judgment. Expressing the hope that the SC “will soon review its decision”, the CII had urged the government to play an effective role in the matter.

Various groups, including religio-political parties, have voiced their objections by carrying out rallies and even breaching the apex court’s security as they held protests.

The matter has come under discussion in the National Assembly by both the treasury and opposition benches, while the KP Assembly had also unanimously passed a resolution expressing concern over the SC verdict.

Subsequently, on August 17, the Punjab government filed an application seeking corrections that some clerics deemed were needed in the SC’s July 24 clarification.

Source: Dawn News

Fazl declares 'day of gratitude' after Supreme Court ruling in Mubarak Sani case​


Maulana Fazlur Rehman, the head of Jamiat Ulema-e-Islam (JUI-F), announced a nationwide 'Day of Gratitude' to be observed on Friday, following the Supreme Court's acceptance of a review petition in the Mubarak Sani case.

Speaking to the media in Islamabad on Thursday, Fazlur Rehman expressed his thanks to the Supreme Court and parliament, stating, "Tomorrow, we will observe Friday as a day of gratitude. On this day in 1974, the National Assembly unanimously passed a resolution and amendment declaring Ahmadis and Lahoris as a minority. Today, the entire nation is celebrating the Golden Jubilee of this decision at Minar-e-Pakistan, Lahore."

He emphasised that the day will be commemorated as a 'day of victory,' adding that the Supreme Court's ruling has further amplified the significance of this Golden Jubilee. "The people of Pakistan will now participate with renewed vigour and a victorious spirit," he remarked.

Fazlur Rehman reaffirmed, "No power in the world can conspire against the belief in the finality of Prophethood (PBUH), nor will their conspiracies succeed. This is the unanimous voice of the entire nation. While we recognise their human rights, it is essential that they acknowledge and abide by Pakistan's Constitution."

He also noted, "If any citizen, anywhere in the world, rebels against their country's Constitution, they forfeit their civil and human rights."

Concluding his remarks, Fazlur Rehman expressed his gratitude once more to the Supreme Court and parliament, highlighting that both the government and opposition were united on this issue. "Religious parties have always shown solidarity on this matter, and today, they have demonstrated it once again," he said.

When asked about Chief Justice Qazi Faez Isa, Fazlur Rehman praised him, stating, "We must commend and appreciate the positive role he has played today."

 
QFE c Diesel b TLP

Ouch! That was swift

Respect and Disgrace in the hands of Almighty
Humiliated and thoroughly deserved. But nothing makes any difference to the loser. You only lose izzat if you had any to lose. Totally destroyed the SC as institution, everyone look down on our SC judges like him.
 
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