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                        <title>The Express Tribune</title>
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			<title>SC's new decorum</title>
			<link>https://tribune.com.pk/story/2506166/scs-new-decorum</link>
			<comments>https://tribune.com.pk/story/2506166/scs-new-decorum#comments</comments>
			<pubDate>Tue, 29 Oct 24 23:09:38 +0500</pubDate>
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				<![CDATA[editorial]]>
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			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2506166</guid>
			<description>
				<![CDATA[Yahya Afridi wants to heal the debilitating divisions in the superior judiciary bequeathed by Qazi Faez Isa]]>
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				<![CDATA[The first steps Yahya Afridi took after donning the Chief Justice&#39;s robes laid bare his intentions: he wants to heal the debilitating divisions in the superior judiciary bequeathed by Qazi Faez Isa. This is a welcome development and bodes well for the functioning of the organs of the state. The new CJP has made some great strides in reaching out to two senior-most judges his predecessor had fallen out with - Justice Mansoor Ali Shah and Justice Muneeb Akhtar - by reinstating the latter on the Practices and Procedures Committee and embracing the former&#39;s plan for clearing the growing backlog of cases. This confirms that Justice Afridi has exhibited his leadership and, at the same time, been gracefully reciprocated by the two judges who could, otherwise, have opted for calling it a day.

Another first witnessed in the superior judiciary is the realisation that the backlog of pending cases should be dispensed with in the minimum possible time-frame. It is breath-holding to note that more than 59,161 cases are in the annals of decision-making, and most of them comprise civil and criminal litigations. Likewise, there is no dearth of constitutional and judicial review cases, especially taking into account the political crisscross that the country has witnessed in the last two years. Pronouncing a word of law on them is highly desired and much-awaited to put the bandwagon of rule of law back on track.

The honourable full court&#39;s unanimous decision to settle the pending cases, and to employ modern technology by enhancing judicial efficiency is a great start. The momentum witnessed on the very first day of Justice Afridi&#39;s tenure wherein he, and other judges, heard more than 100 cases is the way to go for reinstating the confidence of the masses in judiciary and rekindling the hope for speedy justice. Justice Afridi has a challenge to face &ndash; which is not to be subdued with cross-talk among other organs of the state, and keep his head high while delivering justice.]]>
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			<title>TLP top leader ‘arrested’ from Okara for issuing threats to CJP</title>
			<link>https://tribune.com.pk/story/2483889/top-tlp-leader-booked-for-threatening-cjp-isa</link>
			<comments>https://tribune.com.pk/story/2483889/top-tlp-leader-booked-for-threatening-cjp-isa#comments</comments>
			<pubDate>Mon, 29 Jul 24 09:04:32 +0500</pubDate>
			<dc:creator>
				<![CDATA[News Desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2483889</guid>
			<description>
				<![CDATA[Pir Zaheerul Hasan faces charges of causing public disorder, intimidating judiciary, and obstructing legal functions]]>
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				<![CDATA[Police have arrested the Deputy Amir of Tehreek-e-Labbaik Pakistan (TLP), Pir Zaheer Hassan Shah, for issuing threats to the Chief Justice of Pakistan (CJP) Qazi Faez Isa.

Sources revealed that Shah was apprehended in Okara, where he had been hiding at an undisclosed location.

Earlier, an FIR had been registered against Shah for issuing death threats to CJP Isa. The case was filed at the Qila Gujjar Singh police station by SHO Hammad Hussain.

The charges against Shah include sections of the Anti-Terrorism Act (ATA), inciting religious hatred, causing public disorder, intimidating the judiciary, threatening the judiciary, interfering in official duties, and obstructing legal functions.

Read SC alarmed over smear drive against CJ

According to the FIR, during a protest outside the Press Club, Pir Zaheer Hassan Shah incited hatred against the judiciary and announced a reward of PKR 10 million for anyone who brings the head of Justice Faez Isa. The FIR also includes charges against 1,500 TLP workers.

In response, Defence Minister Khawaja Asif stated that strict action would be taken against those issuing death threats to the Chief Justice, emphasizing that the state will not tolerate such fatwas.

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&#39;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.]]>
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			<title>Uzma Bukhari calls K-P govt's judicial commission request 'admission of guilt' of May 9 conspiracy</title>
			<link>https://tribune.com.pk/story/2483676/uzma-bukhari-calls-k-p-govts-judicial-commission-request-admission-of-guilt-of-may-9-conspiracy</link>
			<comments>https://tribune.com.pk/story/2483676/uzma-bukhari-calls-k-p-govts-judicial-commission-request-admission-of-guilt-of-may-9-conspiracy#comments</comments>
			<pubDate>Sun, 28 Jul 24 15:48:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[News Desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2483676</guid>
			<description>
				<![CDATA[Punjab information minister says, &quot;No one can become Che Guevara or Mandela using judiciary&quot;]]>
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				<![CDATA[Punjab Information Minister Uzma Bukhari criticised the Khyber Pakhtunkhwa (K-P) government&#39;s request for a judicial commission from the Peshawar High Court (PHC) over the May 9 incidents, calling it a failed attempt to hide under the judicial hammer and an admission of their crimes.

On Sunday, Bukhari alleged that there is substantial evidence, including videos, pictures, and audio, of the failed May 9 conspiracy. She mentioned that the &quot;instigator&quot; had already admitted to the rebellion, with confirmation from Salman Akram Raja, the legal counsel of Pakistan Tehreek-e-Insaf (PTI)&nbsp;founder Imran Khan.

She further noted that the identities of all the characters, facilitators, and masterminds behind the May 9 conspiracy are now clear. Bukhari used the metaphor, &quot;When a jackal sees death, it runs towards the city,&quot; implying that judicial commissions are typically formed for hidden and unresolved matters.

The provincial information minister labelled the failed May 9 uprising as a &quot;conspiracy against the country&quot;, asserting that &quot;no one can become a Che Guevara or Nelson Mandela by using the judiciary&#39;s shoulder&quot;. Bukhari condemned the KP government&#39;s move to seek a judicial commission, equating it to an admission of guilt.

She also referenced past political manoeuvres, stating, &quot;Those who orchestrated the Panama drama and ousted him[Nawaz Sharif] on an Iqama wanted to distance him from the people&quot;. &quot;Perhaps they forgot that beyond their thousand strategies, my Lord also has one strategy.&quot;

Bukhari concluded by saying, &quot;Alhamdulillah, our leader returned, his disqualification was overturned, and the people gave him their mandate&quot;. &quot;Despite all conspiracies, today Nawaz Sharif&#39;s government is in power in Pakistan and its largest province, Punjab,&quot; she added.]]>
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			<title>Bangladesh court to rule on job quotas amid unrest</title>
			<link>https://tribune.com.pk/story/2481491/bangladesh-court-to-rule-on-job-quotas-amid-unrest</link>
			<comments>https://tribune.com.pk/story/2481491/bangladesh-court-to-rule-on-job-quotas-amid-unrest#comments</comments>
			<pubDate>Sun, 21 Jul 24 04:43:01 +0500</pubDate>
			<dc:creator>
				<![CDATA[AFP]]>
			</dc:creator>
			<category><![CDATA[World]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2481491</guid>
			<description>
				<![CDATA[Hasina, whose opponents accuse her bending judiciary to her will, hints to public that scheme will be scrapped]]>
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				<![CDATA[Bangladesh&#39;s top court was due to rule Sunday on the future of civil service hiring rules that sparked nationwide clashes between police and university students, killing 133 people.

What began as a protest against politicised admission quotas for sought-after government jobs snowballed this week into some of the worst unrest of Prime Minister Sheikh Hasina&#39;s tenure.

Soldiers are patrolling cities across Bangladesh after riot police failed to restore order, while a nationwide internet blackout since Thursday has drastically restricted the flow of information to the outside world.

The Supreme Court was meeting later Sunday to issue a verdict on whether to abolish the contentious job quotas.

Hasina, whose opponents accuse her government of bending the judiciary to her will, hinted to the public this week that the scheme would be scrapped.

But after the mounting crackdown and a rising death toll, a favourable verdict is unlikely to mollify white-hot public anger.

&quot;It&#39;s not about the rights of the students anymore,&quot; business owner Hasibul Sheikh, 24, told AFP at the scene of a Saturday street protest, held in the capital Dhaka in defiance of a nationwide curfew.

&quot;Our demand is one point now, and that&#39;s the resignation of the government.&quot;

The catalyst for this month&#39;s unrest is a system that reserves more than half of civil service posts for specific groups, including children of veterans from the country&#39;s 1971 liberation war against Pakistan.

Critics say the scheme benefits families loyal to Hasina, 76, who has ruled the country since 2009 and won her fourth consecutive election in January after a vote without genuine opposition.

Hasina&#39;s government is accused by rights groups of misusing state institutions to entrench its hold on power and stamp out dissent, including by the extrajudicial killing of opposition activists.

With Bangladesh unable to provide adequate employment opportunities for its 170 million people, the quota scheme is a pronounced source of resentment among young graduates facing an acute jobs crisis.

Hasina inflamed tensions this month by likening protesters to the Bangladeshis who had collaborated with Pakistan during the country&#39;s independence war.

&quot;Rather than try to address the protesters&#39; grievances, the government&#39;s actions have made the situation worse,&quot; Crisis Group&#39;s Asia director Pierre Prakash told AFP.

Hasina had been due to leave the country on Sunday for a diplomatic tour to Spain and Brazil but abandoned her plans after a week of escalating violence.

Since Tuesday at least 133 people, including several police officers, have been killed in clashes around the country, according to an AFP count of victims reported by police and hospitals.

The US State Department warned Americans on Saturday not to travel to Bangladesh and said it would begin removing some diplomats and their families from the country due to the civil unrest.]]>
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			<title>PMO faces LHC gag order on judicial interference</title>
			<link>https://tribune.com.pk/story/2475304/pmo-faces-lhc-gag-order-on-judicial-interference</link>
			<comments>https://tribune.com.pk/story/2475304/pmo-faces-lhc-gag-order-on-judicial-interference#comments</comments>
			<pubDate>Sun, 30 Jun 24 01:17:43 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2475304</guid>
			<description>
				<![CDATA[Justice Karim issues SOPs to stop direct contact with judges]]>
			</description>
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				<![CDATA[The Lahore High Court (LHC) has ordered the Prime Minister&rsquo;s Office (PMO) to instruct all civil and military agencies, including the Intelligence Bureau and Inter-Services Intelligence (ISI), against contacting or approaching &ldquo;any judge&rdquo; or their staff members.

Justice Shahid Karim issued these directions in a written order&mdash;revealed on Saturday&mdash;based on a complaint filed by an anti-terrorism court (ATC) judge in Sargodha who reported harassment after allegedly refusing to meet officials from an intelligence agency.

Moreover, in a move to safeguard judicial independence, the LHC judge issued five standard operating procedures (SOPs) aimed at curbing interference in the judiciary.

The court stressed that the IG Punjab should also issue directives to subordinate officers to prevent interference in the judiciary. Any security measures for anti-terrorism courts must be carried out in consultation and with the agreement of the relevant judge.

Former LHC Chief Justice Malik Shahzad Ahmad Khan had taken suo motu notice of the judge&rsquo;s complaint, filed with the registrar, and initiated proceedings. After his elevation to the Supreme Court, Justice Karim presided over the case.

At the previous hearing, Justice Karim noted that Prime Minister Shehbaz Sharif was responsible for the actions of intelligence agencies as they fell under his command.

In a written order dated June 27, Justice Karim stressed that it was &ldquo;imperative&rdquo; to address recurring issues that regularly come before the court, necessitating &ldquo;directions to protect the independence of the judiciary.&rdquo;

He ordered: &ldquo;Instructions shall go out by the Prime Minister&rsquo;s Office to all civil or military agencies including the Intelligence Bureau as well as Inter-Services Intelligence (ISI) regarding strict directions not to approach or contact any judge whether of the superior judiciary or sub-ordinate judiciary or any member of their staff in future.&rdquo;

Similar directives were issued for the Punjab police. &ldquo;Likewise, instructions shall be issued by the Inspector General of Police, Punjab to all police officers [&hellip;] not to contact directly any judge of superior judiciary or the sub-ordinate judiciary regarding the merits of any pending judicial proceedings before these courts,&rdquo; the order stated.

The order specified that security measures for ATCs across Punjab should be implemented &ldquo;with the consultation and concurrence of the learned judge of that court and not otherwise,&rdquo; warning that the inspector general and police chief would be &ldquo;held personally responsible&rdquo; and could face contempt proceedings if the order was violated.

Justice Karim also directed ATC judges across Punjab to install call-recording applications on their mobile phones. &ldquo;[They] shall be bound to record all such calls which they receive and about which the learned judges have apprehension that they have been made to influence any judicial proceedings before them,&rdquo; he stated.

&ldquo;A direction is issued to the judges of ATCs across Punjab to deal and decide the cases relating to May 9, 2023, expeditiously and on priority,&rdquo; the order added.

The court further instructed the Sargodha ATC judge and court staff to cooperate in the investigation. &ldquo;All investigation proceedings should be video recorded and the record shall be maintained by the police as also remitted to this court through the registrar,&rdquo; it stated.

The order concluded by adjourning the proceedings until July 8.

The complaint

The complaint from the Sargodha ATC judge concerned his first day in charge on June 7 when he was informed that &ldquo;some authority of ISI&rdquo; wanted to meet him in his chamber. The judge said he straightaway refused the request.

Since then, he detailed several harassment incidents targeting his family, including damage to the gas meter outside his official residence in Bahawalpur, where he was previously serving.

He also reported receiving an inflated electricity bill for the previous month, which he suspected was fake and possibly sent in connivance with the power utility company and intelligence agency members.

The judicial officer also reported that his relatives were &ldquo;teased&rdquo; by unknown men about his personal information.

&nbsp;]]>
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			<title>LHC orders PMO to stop agencies from interacting with judges</title>
			<link>https://tribune.com.pk/story/2475112/lhc-orders-pmo-to-stop-agencies-from-interacting-with-judges</link>
			<comments>https://tribune.com.pk/story/2475112/lhc-orders-pmo-to-stop-agencies-from-interacting-with-judges#comments</comments>
			<pubDate>Sat, 29 Jun 24 08:09:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[News Desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2475112</guid>
			<description>
				<![CDATA[Justice Shahid Karim issued 5-point SOPs to prevent interference in the judiciary]]>
			</description>
			<content:encoded>
				<![CDATA[The Lahore High Court (LHC) has instructed the Prime Minister&rsquo;s Office (PMO) to issue directives to all civil and military agencies, including the Intelligence Bureau and Inter-Services Intelligence (ISI), prohibiting them from contacting or approaching &quot;any judge&quot; or their staff.

Justice Shahid Karim issued five SOPs (Standard Operating Procedures) in a written order which surfaced on Saturday, in response to a complaint lodged by an anti-terrorism court (ATC) judge in Sargodha.

The judge alleged harassment after reportedly declining to meet officials from an intelligence agency.

Former LHC Chief Justice Malik Shahzad Ahmad Khan had taken notice of the judge&#39;s complaint, filed through the registrar, and initiated proceedings. Justice Karim assumed jurisdiction over the case after Chief Justice Khan was appointed to the Supreme Court.

During a previous hearing, Justice Karim had observed that Prime Minister Shehbaz Sharif bore responsibility and accountability for the actions of intelligence agencies, which fell under his authority.

In a written order dated June 27, the judge noted that it was &ldquo;imperative&rdquo; to proceed on certain issues that &ldquo;regularly come before this court&rdquo; and regarding which &ldquo;directions are necessary to be issued in order to protect the independence of the judiciary&rdquo;.

&ldquo;Instructions shall go out by the Prime Minister&rsquo;s Office to all civil or military agencies including the Intelligence Bureau as well as Inter-Services Intelligence (ISI) regarding strict directions not to approach or contact any judge whether of the superior judiciary or sub-ordinate judiciary or any member of their staff in future,&rdquo; he ordered subsequently.

Similar directions were also issued for the Punjab police.

The order further wrote &ldquo;Likewise, instructions shall be issued by the Inspector General of Police, Punjab to all police officers [&hellip;] not to contact directly any judge of superior judiciary or the sub-ordinate judiciary regarding the merits of any pending judicial proceedings before these courts.&rdquo;

The judge emphasized that actions concerning the security of ATCs throughout Punjab would solely be implemented &quot;with the consultation and agreement of the respected judge of that court and not otherwise&quot;. He cautioned that the inspector general and police chief would be &quot;held personally accountable&quot; and face contempt proceedings if they disregarded the directive.

Justice Karim further instructed ATC judges throughout Punjab to install call-recording apps on their mobile phones. He wrote &ldquo;&ldquo;[They] shall be bound to record all such calls which they receive and with regard to which the learned judges have apprehension that they have been made to influence any judicial proceedings before them.&rdquo;

The judges&rsquo; order also wrote &ldquo;A direction is issued to the judges of ATCs across Punjab to deal and decide the cases relating to May 9, 2023, expeditiously and on priority.&rdquo;

The LHC also ordered the ATC judge in Sargodha and the court staff to collaborate in the investigation as it said &ldquo;All investigation proceedings should be video recorded and the record shall be maintained by the police as also remitted to this court through the registrar.&rdquo;

The order concluded that the proceedings were adjourned till July 8.

The issue stemmed from when the Sargodha ATC judge on his first day in charge on June 7 complained that he was informed that someone claiming to represent the ISI wanted to meet him in his office.

The judge stated that he immediately turned down the request.

Since then, he detailed several instances of harassment aimed at his family. These included tampering with the gas meter outside his official residence in Bahawalpur, where he worked before being transferred to Sargodha.

Additionally, he mentioned that his family received an unusually high electricity bill for the previous month, which he believed to be fake. He suspected the possibility of collusion between the power company and members of the intelligence agency.

The judicial officer also reported that unknown individuals had teased his relatives by disclosing personal information about him.

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			<title>Targeting judiciary</title>
			<link>https://tribune.com.pk/story/2469961/targeting-judiciary</link>
			<comments>https://tribune.com.pk/story/2469961/targeting-judiciary#comments</comments>
			<pubDate>Wed, 05 Jun 24 18:37:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[Dr Syed Akhtar Ali Shah]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2469961</guid>
			<description>
				<![CDATA[Targeting judiciary]]>
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				<![CDATA[That an orchestrated campaign has been unleashed against the judiciary these days cannot be denied. Prime Minister Shehbaz Sharif, at a political convention last week, alleged presence of &ldquo;black sheep among the judges&rdquo;, apparently irked by the relief Imran Khan was getting is some of his court cases. Not just that, senior PML-N leaders like Law Minister Azam Nazeer Tarrar and Rana Sanaullah, besides PTI dissident Senator Faisal Vawda, MQM-P&rsquo;s Mustafa Kamal and even Sindh Governor Kamran Tessori are among those issuing statements critical of the judiciary.

The law minister, during a Senate sitting, even talked about a &ldquo;growing rift&rdquo; between state institutions and criticised the judiciary for &ldquo;overstepping its mandate&rdquo; regarding the case of missing Kashmiri poet Ahmad Farhad. Tarrar claimed that under the Constitution, the judiciary does not have the authority to summon senior military officers and government officials in such cases. He said the court&rsquo;s remarks were not just &ldquo;inappropriate&rdquo; but they also undermined the sanctity of the parliament. 

Under the cover of parliamentary privilege, several Senators assailed the conduct of judges. Vawda, an independent Senator, went so far as to move a privilege motion against a sitting Supreme Court judge. Senator Sherry Rehman, presiding over the Senate sitting, said the issue must be brought to a logical conclusion with a report from the Senate Secretariat. 

In a counter-point, ANP Central President Aimal Wali Khan regretted that the parliament was being used against an institution. Senator Kamran Murtaza of JUI expressed similar views.

This venomous campaign against the judiciary is neither in consonance with the Constitution nor the parliamentary conventions, and should not have been allowed by the chair. The outburst against the judiciary is reflective of a typical mindset whereby some consider themselves as above the law. Therefore, the question that arises here is: can an individual or an institution claim immunity from being questioned? A related question is: can the conduct of judiciary be discussed in parliament?

Article 68 of the Constitution commands that no discussion shall take place in Majlis-e-Shura (Parliament) with respect to the conduct of any judge of the Supreme Court or High Court in the discharge of his duties. However, an orchestrated campaign has been launched by those who have themselves taken oath to protect the Constitution. Chief Justice Qazi Faez Isa, expressing his anguish over the contemptuous speeches, remarked that even parliament could not discuss the conduct of judges.

The basic lesson that is often disregarded or conveniently forgotten is that the rule of law is the essence of the Constitution, embedded in Articles 4 and 25, supplemented with fundamental rights and independence of judiciary. In addition, the preamble to the Constitution also focuses on the concept of rule of law and independence of judiciary. The crux of these articles is that all state&rsquo;s functionaries derive authority from the Constitution, and statutes and rules framed thereunder. All are equal before law and under equal protection of law. Rule of law, and not rule of men, is the basic preposition of constitutional jurisprudence evolved so far. All institutions and individuals are under the command of the Constitution. Therefore, digression from the established principles will attract action from the superior courts.

The structure of the state has been raised on the principle of trichotomy of power, or separation of powers. Under this principle, each organ of the state is allocated separate functions, which is a key element in the proper functioning of any healthy democratic system. Under the same theory, judiciary has been obligated to act as guardian of the Constitution, interpret the Constitution, and enforce fundamental rights. Without being independent, these essential duties ordained by the Constitution cannot be performed satisfactorily. Therefore, meddling in the affairs of the judiciary in the garb of parliamentary sovereignty is tantamount to attacking fundamental rights and independence of judiciary. It is time to stand in solidarity with judges and bring to justice all those involved in the malicious attack against judiciary.

Published in The Express Tribune, June 6th, 2024.

Like Opinion &amp; Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.

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			<title>Experts criticise coalition govt’s ‘autocratic’ approach</title>
			<link>https://tribune.com.pk/story/2469201/experts-criticise-coalition-govts-autocratic-approach</link>
			<comments>https://tribune.com.pk/story/2469201/experts-criticise-coalition-govts-autocratic-approach#comments</comments>
			<pubDate>Fri, 31 May 24 14:29:30 +0500</pubDate>
			<dc:creator>
				<![CDATA[Noman Awan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2469201</guid>
			<description>
				<![CDATA[Political analysts suggest judiciary should pay attention to pending cases of common man]]>
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				<![CDATA[The experts believe that the attitude of the coalition government does not appear democratic; every institution is prioritising its ego over Pakistan. They also suggested that the judiciary should pay attention to pending cases of the common man.

&ldquo;The individuals within the government coalition are holding press conferences targeting the judges, opening fronts in Parliament, and engaging in rhetoric against the judiciary,&rdquo; Naveed Hussain, Chief Editor of The Express Tribune, said while commenting on Prime Minister Shehbaz Sharif&#39;s remarks regarding the judiciary during the talk show &quot;Experts&quot; on Express News.

The seasoned journalist labelled the government&#39;s defamation law as an attempt to curb media freedom of expression, noting that it is being introduced undemocratically. He asserted that the government seeks to impose its own agenda.



https://www.facebook.com/ExpressExpertsOfficial/videos/810290651061508




Hussain observed that parliamentarians are maligning judges who exhibit independent-mindedness. He stressed the importance of strengthening institutions in a democracy, emphasising that individuals may change, but institutional strength remains paramount.

He commended the current Supreme Court, noting its decision to make Parliament superior and delegate powers to it through the &quot;Supreme Court Practice and Procedure Act 2023&quot;.

The senior analyst criticised the former Pakistan Democratic Movement (PDM) government, highlighting that it amended the law to decrease the remand period of the National Accountability Bureau (NAB).



https://www.facebook.com/ExpressExpertsOfficial/videos/1883181662144256




Hussain believes that now the incumbent government is extending the remand period by ordinance to target opponents.

Hussain contended that the manner in which the election laws are being amended suggests that the government is sidelining democratic values while also suppressing the media to silence its opponents.

Express News Bureau Chief in Islamabad, Amir Ilyas Rana, highlighted that Chief Justice Qazi Faez Isa had previously stressed that ordinances should only be issued under significant compulsion.

Rana believes that when all branches of government prioritise personal egos over Pakistan&#39;s interests, institutional clashes are inevitable. He emphasised the Parliament&#39;s authority to enact and modify laws, while the Supreme Court has the power of interpretation.



https://www.facebook.com/ExpressExpertsOfficial/videos/848084990688299




Referring to NAB law amendments, Rana noted that former prime minister Imran Khan introduced them, and now the PDM government is issuing similar ordinances, a move Khan is contesting.

The Bureau Chief in Islamabad asserted that while courts are occupied with cases involving politicians, there are 57,000 pending cases of ordinary citizens in the Supreme Court.

He stressed that the Supreme Court should prioritise these cases and make significant decisions to alleviate the backlog and address the needs of the common people.



https://www.facebook.com/ExpressExpertsOfficial/videos/410514105305318




Faisal Husain, the Karachi Bureau Chief for Express News, citing Prime Minister Shehbaz Sharif&#39;s statement, remarked that there are corrupt individuals within all institutions. He expressed concern that the effectiveness and credibility of all institutions in the country have diminished.

Faisal believes that the utmost desire for power and authority exists among individuals in Pakistan, leading to a detrimental focus on personal agendas rather than the country&#39;s welfare, and everyone wants to prove that they are indispensable for Pakistan.



https://www.facebook.com/ExpressExpertsOfficial/videos/1151279412780586




He stressed that nobody seems willing to adhere to the Constitution in the country; the rule of law has given way to the rule of power, leaving the weaker individuals marginalised.

Express News Bureau Chief in Lahore, Mohammad Ilyas, stated that labelling the judiciary as &quot;black sheep&quot; is inappropriate. He argues that if parliamentarians view themselves as superior to the judiciary, they may continue using such derogatory language.

Ilyas suggested that institutions should respect their boundaries, and parliamentarians should choose their words more carefully.

He emphasised that for institutions to maintain supremacy, they must be respected. Disagreements should not devolve into mudslinging; instead, both institutions should show mutual respect, he added.

Chairman of the Pakistan Ulema-e-Islam Council, Hafiz Tahir Ashrafi, pointed out that when there&#39;s interference in each other&#39;s work, tension and conflicts are inevitable. Currently, there&#39;s a continuous clash between the government and the judiciary, also shown on TV screens in the form of tickers, he added.

Ashrafi scrutinised the judicial system, raising the question of whether all cases in the country have been resolved, if justice has been served for the poor, and if the jails are empty, given that courts seem preoccupied with cases involving the elite class throughout the day.]]>
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			<title>PTI asks judiciary to expedite May 9 accused cases</title>
			<link>https://tribune.com.pk/story/2468659/pti-asks-judiciary-to-expedite-may-9-accused-cases</link>
			<comments>https://tribune.com.pk/story/2468659/pti-asks-judiciary-to-expedite-may-9-accused-cases#comments</comments>
			<pubDate>Tue, 28 May 24 05:04:56 +0500</pubDate>
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				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Spokesperson says many young individuals unjustly held in military detention]]>
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				<![CDATA[The Pakistan Tehreek-e-Insaf (PTI) reiterated its demand on Monday to nullify military trials of civilians involved in the May 9, 2023 violence. The party urged the judiciary to expedite cases of individuals who have been detained for over a year.

Speaking to reporters, PTI spokesperson Raoof Hasan highlighted that despite the Supreme Court ruling declaring civilian trials in military courts unconstitutional, many young individuals remain unjustly detained, suffering under state oppression.

Hasan emphasized the urgency of the situation, noting that it has been over a month since the request to form a larger bench for appeals against the apex court ruling was made. However, the case remains unscheduled since the last hearing on April 24.

The spokesperson pointed out the immense suffering endured by the families of these victims due to inhumane conditions faced by those unlawfully imprisoned. He also highlighted the violation of fundamental human rights, particularly during the harsh summer conditions.

Hasan underscored that the Constitution prohibits the trial of civilians in military courts, especially by appointing defense ministry employees as judges. He asserted that in any civilized democratic society, civilian trials in military courts are nonexistent.

He condemned the practice of falsely accusing citizens and prolonging their military trials, labelling it a systematic attack on human rights. The Supreme Court, he urged, should immediately establish a larger bench to hear intra-court appeals against military court trials and proceed with these cases urgently.

The Supreme Court must ensure protection of both the Constitution and fundamental rights, and should order the release of those currently in military custody, the spokesperson added.

Read&nbsp;Can PTI reverse May 9 &lsquo;irreparable&rsquo; damage?

Meanwhile, the PTI spokesperson underscored the significance of May 28, commemorating Pakistan&#39;s successful nuclear tests as a testament to national determination, sacrifice, and unity. However, he criticised certain groups for exploiting Pakistan&#39;s peaceful nuclear programme for political gain.

Driven by the principles of maintaining a minimum defence capability and balancing regional power, he said, the nation made significant sacrifices to develop its nuclear programme. He lauded the dedication of Pakistani scientists who worked tirelessly, prioritising national security over personal interests.

&ldquo;Public support and participation are crucial at every stage, from inception to completion,&rdquo; he said. Given Pakistan&#39;s economic constraints and the need for defending against a significantly larger adversary, this effort is essential,&rdquo; he stressed.

He condemned those who prioritise personal gain in politics, asserting that the nation had firmly opposed any reckless actions concerning the nuclear programme. He cited testimonies of key figures associated with the programme, including former Foreign Minister Gauhar Ayub Khan and Dr Abdul Qadeer Khan, who revealed how Nawaz Sharif&#39;s resolve wavered after the nuclear tests.

According to the spokesperson, the nation unequivocally demanded action, blocking any escape routes for Nawaz Sharif and insisting on the nuclear tests. He dismissed claims that those who enriched themselves by looting the national treasury were also responsible for the country&#39;s nuclear achievements, calling such assertions misleading.

The PTI representative warned that the current leadership, by mishandling the economy and disregarding the people&#39;s mandate, is exposing Pakistan&#39;s national security to serious threats. He urged the decision-makers to abandon official narratives and take serious, practical steps in light of the current delicate situation, emphasising the need for responsible governance and prudent actions.]]>
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			<title>Punjab govt yields to LHC CJ’s order on ATC judges</title>
			<link>https://tribune.com.pk/story/2468051/punjab-govt-yields-to-lhc-cjs-order-on-atc-judges</link>
			<comments>https://tribune.com.pk/story/2468051/punjab-govt-yields-to-lhc-cjs-order-on-atc-judges#comments</comments>
			<pubDate>Fri, 24 May 24 05:03:00 +0500</pubDate>
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				<![CDATA[Hasnaat Maik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Province to appoint five nominated judges, but to challenge judicial order in SC]]>
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				<![CDATA[The Punjab government has finally consented to the appointment of five anti-terrorism court (ATC) judges nominated by Lahore High Court (LHC) Chief Justice Malik Shahzad Ahmad Khan, sources told The Express Tribune on Thursday.

This decision, aimed at preventing any potential confrontation, comes after initial reluctance from the government.

However, despite agreeing to appoint the nominated judges, the government intends to challenge the LHC&rsquo;s judicial order concerning these appointments in the Supreme Court. Previously, the Punjab government had communicated its decision not to appoint the judges through a letter to the LHC registrar, citing the need for meaningful consultation on the nominations.In response, the chief justice issued a judicial order dismissing the government&#39;s objections and directing the appointment of the judges. Furthermore, he cautioned that if compliance wasn&rsquo;t met, the chief minister would be required to appear before the bench. The matter is set for a hearing on Friday.

On March 20, the chief justice had nominated District and Sessions Judge Khalid Arshad for ATC-I, Lahore and

District and Sessions Judge Asad Hafeez for ATC-Il, Lahore. Later, the nomination of Judge Hafeez was withdrawn and Irfan Haider was named for his replacement as the ATC-Il, Lahore judge.

Muhammad Abbas was nominated for the ATC, Sargodha from where ljaz Ahmad Buttar was repatriated. Similarly, Muhammad Naeem Saleem was named for the ATC, Gujranwala from where Natasha Naseem Sipra was transferred.

Likewise, Ziaullah Khan was nominated for appointment as the ATC judge in Sahiwal, and the name of Raja Shahid Zameer was put forth for his appointment as the ATC judge in Faisalabad. Several PTI leaders in Punjab have had terrorism cases filed against them.

Talking to The Express Tribune, a senior lawyer opined that it was an open secret that some powerful circles were not happy with the working of the LHC chief justice, whose name had been proposed for elevation to the Supreme Court.

Read&nbsp;ATC grants post-arrest bail in May 9 riots case

&ldquo;If the JCP [Judicial Commission of Pakistan] agrees on his elevation to the Supreme Court, a wrong impression may go in the public. Malik Shahzad Ahmad Khan will retire next year. He has expertise in criminal laws and the Supreme Court needs a couple of judges with vast experience in criminal side.&rdquo;

Chief Justice Malik Shahzad Ahmad Khan is among six senior most judges of the LHC, who have been proposed for appointment as the Supreme Court judges. Chief Justice of Pakistan Qazi Faez Isa has summoned a JCP meeting on June 7.

According to sources, the government would want the elevation of Chief Justice Malik Shahzad Ahmad Khan to the Supreme Court. Besides, some lawyers also indicated a tense relationship between the chief justice and the bar.

Over the past two months, the LHC chief justice had convened two full court meetings, during which a majority of the judges acknowledged that interference of the country&rsquo;s agencies in judicial functions was a widely recognised &ldquo;secret&rdquo;.

The judiciary in Punjab had suggested an end to the executive&rsquo;s involvement in the appointment and transfer of special court judges. This step is aimed at curbing judicial manipulation.

The Supreme Court recently sought opinion of the high courts, while hearing the suo motu case of a letter penned by six Islamabad High Court (IHC) judges in which they accused the agencies of interfering in their judicial affairs.

The LHC, in its response to the Supreme Court, submitted that there always remained more chances of &ldquo;interference&rdquo; in the ATCs and anti-corruption courts, where sensitive matters were decided.

&ldquo;Therefore the high courts should be empowered to directly make transfer and postings of the judges of those courts without approval or interference of the federal government. The relevant provisions of the law in this respect [should] be directed to be announced immediately,&rdquo; it added.
&nbsp;]]>
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			<title>Contempt of court sparks Senate fury</title>
			<link>https://tribune.com.pk/story/2467783/parliament-being-used-against-judiciary-says-anps-aimal-wali-in-fiery-senate-speech</link>
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			<pubDate>Wed, 22 May 24 11:08:25 +0500</pubDate>
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				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Treasury, opposition face off over judicial notices]]>
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				<![CDATA[The Senate on Wednesday witnessed a heated debate over issues surrounding the contempt of court law, with lawmakers from both sides delivering fiery speeches.

The discussion also touched on a variety of hot topics, ranging from political prisoners and missing persons to the supremacy of parliament.

During the session, which was largely chaired by Sherry Rehman of the Pakistan Peoples Party (PPP), treasury senators urged the judiciary to respect the elected representatives of the people and exercise restraint when issuing summons and contempt notices to senior officials.

Conversely, opposition senators criticized the government and the establishment, highlighting the need for the country to operate according to the Constitution and for the Senate to voice the concerns of the oppressed.

The proceedings continued from Tuesday&rsquo;s session, where multiple lawmakers exercised their parliamentary privilege to criticize judges. Senator Faisal Vawda even moved a privilege motion against a sitting Supreme Court judge.

The session began with Deputy Chairman Syedal Khan presiding. Senator Sherry Rehman then took over and chaired the remainder of the proceedings. After initial formalities, the debate intensified over the contempt of court notice issued to Senator Faisal Vawda.

Law Minister Azam Nazeer Tarar suggested that the issue of the contempt notice to Vawda be referred to the Senate Secretariat. He proposed that the Secretariat prepare a report and submit it to the Senate Chairman, who should then decide the future course of action.

The law minister denied any clash between institutions but emphasized that the Constitution of Pakistan does not grant any court the power to make arbitrary statements in anger. He stressed the need for everyone to exercise restraint.

Talal Chaudhry of the Pakistan Muslim League-Nawaz (PML-N) reiterated his party&#39;s commitment to upholding the judiciary&#39;s decisions. &quot;Despite facing allegations of contempt of court, I stand by my principles,&quot; he affirmed, underscoring that punishing lawmakers does not elevate the dignity of the courts.

Senator Mohsin Aziz of the Pakistan Tehreek-e-Insaf (PTI) raised concerns over the absence of a production order for Senator Ijaz Chaudhry and criticized what he perceived as targeting of PTI&#39;s leadership.

He decried what he termed as the initiation of &quot;unjust cases&quot; against key figures within his party, expressing dissatisfaction with a resolution passed by a session with minimal attendance, questioning its legitimacy.

Senator Faisal Sabzwari of the Mutahidda Qaumi Movement-Pakistan (MQM-P) highlighted the need for universal respect, lamenting that elected representatives often find themselves excluded from this regard.

Read Parliament, judiciary urged to protect rights

He emphasized the constitutional obligation to honor not only the judiciary but also the elected officials.

He further decried the notion that speaking truth could be construed as contempt of court and defended Senator Faisal Vawda against being labeled a &quot;proxy.&quot; In a broader question, he pondered whether Vawda and Mustafa Kamal, both hailing from Karachi, would face similar charges of contempt of court.

Criticizing certain court decisions, he pointed out disparities in judicial rulings. He cited an instance where one chief justice ordered the demolition of a residential tower in Karachi, because ordinary people lived there, while another chief justice intervened to preserve a tower on Constitution Avenue, because the wealthy had investment in that building.

Continuing, he said, one chief justice also allowed former military ruler Pervez Musharraf to even rewrite the Constitution. &ldquo;If the judge unconsciously makes a mistake, he corrects it later but will that facility be available to us?&rdquo; He warned if there was selective justice, people would talk.

In a passionate address, Aimal Wali Khan of the Awami National Party (ANP) lamented the perceived attempt to create friction between parliament and the judiciary during the ongoing session. He criticized government-aligned lawmakers for accusing the judiciary of practicing &quot;selective justice and discriminatory contempt of court actions.&quot;

As a senior ANP leader, Khan vehemently rebuked both sides of the divide, cautioning that the sanctity of parliament should transcend partisan agendas. He emphasized the importance of parliament operating independently of ruling or opposition affiliations.

He reflected on the shifting tides of power dynamics, noting that those who once wielded influence were now advocating for the rule of law. He urged the House to reflect on who truly benefitted from the inception of Pakistan.

Delving into his family&#39;s history, he said: &ldquo;I am the son of a traitor, son of a traitor, son of a traitor,&rdquo; referring to the cases against his father, grandfather and the great-grandfather. &ldquo;Perhaps after today&rsquo;s speech I myself will also join that list [of traitors].&rdquo;

Khan challenged the prevailing narratives in the country&#39;s textbooks, alleging that they were constructed upon falsehoods. He recounted an anecdote where Quaid-i-Azam cautioned the military leadership against assuming power for the sake of ruling, emphasizing that Pakistan was not created to subjugate its people.

He narrated an incident from the past, saying that Quaid-e-Azam was scheduled to visit Bacha Khan but then Gen Qayyum stopped him. When Quaid-i-Azam did not come, the reception for him turned into a protest in which scores of people were killed.

Six hundred Khudai Khidmatgars [followers of Bacha Khan] were mercilessly gunned down, yet their plight remains largely unacknowledged to this day. Families were denied the dignity of retrieving their loved ones&#39; bodies until the cost of the bullets that ended their lives was extracted from them,&quot; he lamented.

In the face of such egregious violence, Khan highlighted the restraint exercised by Bacha Khan&#39;s followers, emphasizing that they refrained from retaliating with attacks on the GHQ or parliament.

Khan traced the escalation of tensions from the issue of missing persons to a direct confrontation between parliament and the judiciary. He noted that the judiciary&#39;s scrutiny of a colonel from a spy agency catalyzed the conflict, bringing the matter to the forefront of parliamentary discourse.

In his speech, Allama Raja Nasir Abbas of the Muttahida Wahdatul Msulimeen (MWM) demanded justice for all &ldquo;not just for ourselves&rdquo;, as he drew attention of the house towards a missing person Ahmed Farhad. &ldquo;Let&rsquo;s give rule of law to the country,&rdquo; he stressed.

&ldquo;Currently, there are more than 12,000 political prisoners in the country, including women. There are terrorism cases against Yasmin Rashid, Alia Hamza and others in different cities, this is injustice. People are protesting in Chaman and nobody listens to them,&rdquo; he said.

&ldquo;Power politics is the root of disease. The establishment is doing power politics. The country should be run according to the Constitution,&rdquo; he said, urging the parliamentarians: &ldquo;Raise your voice for all the oppressed, including the PTI founder.&rdquo;]]>
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			<title>Clash between judiciary, establishment intensifies</title>
			<link>https://tribune.com.pk/story/2467547/clash-between-judiciary-establishment-intensifies</link>
			<comments>https://tribune.com.pk/story/2467547/clash-between-judiciary-establishment-intensifies#comments</comments>
			<pubDate>Tue, 21 May 24 04:20:19 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[IHC now directly questioning conduct of serving military personnel]]>
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				<![CDATA[The clash between the superior judiciary and the security establishment has intensified as the Islamabad High Court (IHC) is now directly questioning the conduct of serving military officers.

Since May 9, 2023, powerful circles have tried to pressure judges to secure favorable outcomes in political cases related to the PTI and its founder, Imran Khan.

Several of these incidents were reported in a letter penned by six of the eight IHC judges to the Supreme Judicial Council (SJC) chairman on March 25.

It is an open secret that the results of the February 8 general elections have changed the situation. Judges who were previously silent about the roles of spy agencies are now showing the courage to reclaim their independence.

Following the letter by IHC judges, judges from other high courts also acknowledged interference by spy agencies in judicial functions. However, Chief Justice of Pakistan Qazi Faez Isa has not made any statement to show solidarity with the IHC judges.

Despite his silence, the IHC judges have been successful in pressuring the executive authorities, who are now willing to negotiate with the judiciary.

Similarly, Lahore High Court Chief Justice Malik Shehzad Ahmed Khan has taken steps, such as nominating elections tribunals and judges of Anti-Terrorism Courts (ATCs), which are also irking the current government, particularly the security establishment.

There is no doubt that the PTI is the biggest beneficiary of this tussle between the executive and the judiciary. There is also a realization among the executive, including powerful circles, about the changing situation.

A high-level meeting was held in the Prime Minister&#39;s Office last week. During this meeting, participants decided to initiate institutional dialogue with the judges.

However, a lawyer believes that no dialogue can be successful under the current circumstances. The executive authorities need to take measures to gain the judiciary&#39;s confidence. Backchannel contacts will only be effective if the government undertakes some confidence-building measures.

Some political analysts say that the security establishment needs to review its policy towards independent judges questioning the role of agencies in judicial functions.

They should understand that an aggressive policy will further damage them, as it did during the rule of former military ruler Pervez Musharraf when former CJP Iftikhar Muhammad Chaudhry took a stand.

Likewise, the government should also change its policy towards the PTI, which is receiving massive support from the masses. PTI leaders are not afraid of any coercive action by state institutions.

State institutions may not have changed their policy towards the PTI, but a majority of judges are now unwilling to facilitate the implementation of that policy.

CJ Isa has already conveyed to the government that he is not interested in an extension of his tenure. Justice Isa is retiring on October 25, and his refusal is shocking for the current government.

The IHC judges are taking up sensitive matters, which may further irk the present government. Instead of campaigning against judges, powerful circles should adopt a reconciliatory approach towards them.

It is, however, a fact that the media is divided on the clash between the judiciary and the security establishment. The majority of media persons supported the judiciary in the past. However, the situation has changed.

Currently, anti-Imran Khan sentiments are dominant in the media, and they do not want any move from the judiciary to help the PTI founder.]]>
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			<title>Govt pushes back claims in new leak</title>
			<link>https://tribune.com.pk/story/2466554/govt-pushes-back-claims-in-new-leak</link>
			<comments>https://tribune.com.pk/story/2466554/govt-pushes-back-claims-in-new-leak#comments</comments>
			<pubDate>Tue, 14 May 24 11:48:13 +0500</pubDate>
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				<![CDATA[Our Correspondent]]>
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			<description>
				<![CDATA[AGP, ministers reject impression of meddling in judiciary]]>
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				<![CDATA[The government on Tuesday pushed back against the claims in a new leak taking round on the social media, forcing the Attorney General for Pakistan Mansoor Awan, Law Minister Azam Nazeer Tarar and Information Minister Attaullah Tarar to offer explanatory statements on Tuesday.

In their separate statements, the AGP and the ministers clarified that the perception created by the letter, purportedly written by IHC Justice Babar Sattar, was contrary to the facts. They rejected the idea of any interference in the judicial matters.

Also on Tuesday, the IHC issued notices to the heads of several intelligence agencies and regulatory bodies over the leaking of travel documents and other confidential information about Justice Babar Sattar&#39;s family and a malicious campaign against the judge on the social media.

Earlier, on Tuesday, a snippet from a leaked letter, which circulated on social media, stated that the current malicious campaign&rsquo;s focus on cases involving regulatory bodies appeared to be an &ldquo;intimidatory tactic&rdquo; to influence court proceedings.

The letter said that in the audio leaks case, the IHC had put on notice the heads of state intelligence agencies and institutions, ministries and media regulators, adding that &ldquo;the question before the court is whether there exists a legal regime permitting surveillance of citizens&rdquo;.

&ldquo;At some point during the hearing of the case, I was delivered messages on behalf of top officials in the security establishment asking me to &lsquo;back off&rsquo; from extensive scrutiny of the existence and mode of surveillance. I paid no heed to such intimidatory tactics and did not find that such messages created a risk of substantial detriment to the administration of justice,&rdquo; the snippet said.

Weighing in into the matter, former president Dr Arif Alvi, commented: &ldquo;Very important new written comment by Justice Babar Sattar. It is evident to all except those who choose to ignore, that judges have been under tremendous pressure.&rdquo;

AGP Awan, in his statement, refrained from directly mentioning Justice Babar Sattar. He stated that the contents of the letter, addressed from an IHC judge to IHC Chief Justice Aamer Farooq, had surfaced, portraying it as an &ldquo;internal communication&rdquo; of the court.

&ldquo;The contents of that letter are being reported in such a way and the impression is being given as if there is interference in the IHC and that a message was sent to that judge regarding a specific case&hellip;&rdquo; the AGP said, stressing the need for clarifying the matter.

He pointed out that the judge himself indicated in the leaked excerpt that he did not feel intimidated by the message, however, he viewed it as an infringement on the principles of justice. He further said that the judge&rsquo;s reference in the letter was to the social media campaign against him.

&ldquo;But because this is a matter that is now out in the media, I, as the AGP, felt it necessary to explain the matter because a perception is being created that there is some breakdown in relations between the judiciary and the executive because of which the issue is moving forward,&rdquo; Awan said.

The AGP stressed that there were &ldquo;sensitive matters&rdquo; of the state where communication between different institutions was necessary, adding that it was the AGP&rsquo;s office or the provincial advocate generals, who facilitated such communication.

&ldquo;A communication certainly happened but what unfortunately occurred was that the impression was somehow sent or understood as if the case should be taken in a particular direction. There was absolutely nothing of this sort.&rdquo; He emphasised that neither the government nor any other state institution could meddle in judicial matters.

Later in the day, Azam Nazeer Tarar and Attaullah Tarar convened a press conference to address the concerns raised by the letter. &ldquo;What I&rsquo;m pained by is the interpretation of this matter in such a way that the impression was created as if there is interference in the judiciary,&rdquo; Azam said.

Echoing the AGP&rsquo;s assertion regarding the need for in-camera briefings on surveillance capabilities, Azam endorsed Awan&rsquo;s position. &ldquo;This is a law all over the world and over here too and it should be as well,&rdquo; the law minister told the reporters.

Read: Six IHC judges seek SJC&rsquo;s action over spy agencies interference

&ldquo;This is the reason why when you communicate through law officers or the officers of the AGP or advocate generals, then it is traditionally a better course for such requests to keep some matters in-camera,&rdquo; the minister added.

Attaullah stressed the importance of national security, stating, &ldquo;If a message by the AGP, who is the state representative, is sent to have an in-camera briefing then writing a letter on it saying: &lsquo;I&rsquo;ve been told to back off,&rsquo; after misconstruing it and taking it out of context is not at all rooted in reality.&rdquo;

The information minister emphasised the importance of proper channels for addressing concerns, stating, &ldquo;To write a letter to the chief justice of the same court with whom you have daily meetings is I think akin to making the issue controversial.&rdquo;

Meanwhile, an IHC larger bench, comprising Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri and Justice Sardar Ejaz Ishaq Khan heard the contempt of court case, being initiated in the context of Justice Babar Sattar&#39;s letter of April 27 about the social media campaign against him.

The notices were issued to the defence secretary and heads of the Inter-Services Intelligence (ISI), Intelligence Bureau (IB), Military Intelligence (MI), Informational Technology (IT) Department or 5G Warfare Wings of the Counter-Terrorism Department (CTD) and the Federal Investigation Agency (FIA).

Besides, notices were also issued to the chairmen of the Pakistan Electronic Media Regulatory Authority (Pemra), Pakistan Telecommunication Authority (PTA), Federal Board of Revenue (FBR), Immigration and Passports director general, office of the attorney general for Pakistan (AGP) and the advocate general.

Justice Kayani remarked that it was worrying that the confidential information of the judge, to which no-one else had the access, had been leaked, the data was uploaded from some Twitter accounts and a malicious campaign was launched.

He noted that it could be possible that state agencies might have leaked that information or their systems could have been hacked. Either way it was not difficult to find. The judge warned that if anyone tried to approach judge, contempt of court proceedings would be taken up to the high office.

The judge noted that the role of ISI, IB, PTA had to be examined. It could not happen that everything was done on social media or the print and electronic media. Continuing, he added that it was easy to say that a fifth generation warfare was going on but asked &ldquo;only judges will be the victims of this warfare.&rdquo;

The judge stated that notice would be issued to all the institutions and a report would be sought so no one dare approach judge. The judge also raised questions about the Pakistan Lawyers Forum and from where this account was being operated.

In a three-page written order, the court said that Justice Babar Sattar wrote a letter about a malicious campaign against him on the social media. Apparently, it added, a systematic campaign was launched against Justice Babar Sattar and an attempt was made to defame Justice Babar Sattar.

The order stated that the court directed the Cyber Crime Wing, ISI, IB, MI, CTD, PTA to investigate the hashtags and the accounts from which the campaign was started and find out the identity and names of the participants in those hashtags, and submit reports.

The court also sought report about the top five accounts which tweeted the most regarding the campaign. It also sought information about the relevant Twitter handles, account names, tweets, text, replies and retweeters. The FBR was asked to explain how the asset details of a judge&rsquo;s family were leaked.

The order said that Pemra should give a report related to the content and the petition on the channels and asked the Immigration DG and the FIA to explain how the third party got access to the confidential information of Justice Babar Sattar&#39;s family.

The hearing was adjourned till May 23.]]>
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			<title>The two CEOs</title>
			<link>https://tribune.com.pk/story/2465066/the-two-ceos</link>
			<comments>https://tribune.com.pk/story/2465066/the-two-ceos#comments</comments>
			<pubDate>Fri, 03 May 24 19:40:45 +0500</pubDate>
			<dc:creator>
				<![CDATA[Imtiaz Gul]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2465066</guid>
			<description>
				<![CDATA[CEO of Supreme Court and of the Country face legal and political scrutiny over performative discrepancy]]>
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				<![CDATA[This column relates to two critical issues that revolve around two chief executives: one is the CEO of the Supreme Court and the other is the CEO of the Country.

The former is under public and legal scrutiny for apparent discrepancies between what he used to stand for and what he says today. And this issue is directly linked to the quest for an independent judiciary and the divisions within the institution on how to firewall external pressures. 

The latter is reflective of the short-sighted, self-serving and reckless political leadership that has piled misery on the people of Pakistan for decades and yet is promising revolution through good governance. The reference here is Prime Minister Shehbaz Sharif&rsquo;s latest pearls of wisdom that he showered on Pakistan at the recent World Economic Forum (WEF) held in Saudi Arabia.

As May 9 approaches, images from the Islamabad High Court and elsewhere on that day will flash back into memories. The events led to the institution of hundreds of cases against former prime minister Imran Khan, his aides and a number of workers as well as several innocent onlookers. The ensuing convictions of Imran Khan in the Cipher case and Iddat case (the latter being an absolutely private matter between two adults) and the endless course of litigation took the farce to new levels. Equally farcical is the Al-Qadir Trust case where the former prime minister is being tried for misappropriating 190 million pounds which are sitting in the Supreme Court account. The land under question is in the name of the Trust. Imran Khan by no means is the owner of the land.

This case alone should have forced the CJP to invoke Article 184-3 and challenge the National Accountability Bureau (NAB) proceedings against the former prime minister. But he continues to duck under excuses, not ready to admit external interference or pressures on the judges for extracting favourable decisions. Has the Chief Justice increasingly isolated himself by refusing to admit the pressures and persuasions various levels of judiciary have been facing all these decades?

It is meanwhile abundantly clear that complaints by the six judges of the Islamabad High Court &mdash; emphatically endorsed by the Peshawar, Lahore and Balochistan High Court justices &mdash; were a direct consequence of the February 8 elections and the mauling of the results. The fraud committed on Form 45 and consolidated through Form 47 were obviously meant to deny the largest party its due place in national and provincial parliaments. The Supreme Court was equally culpable in the scheme after it deprived the PTI of its election symbol.

A lot has been written and spoken about all this, but is being recapped because the Chief Justice and like-minded judges seem to be mired in a state of denial &mdash; willfully or otherwise. Many of Justice Isa&rsquo;s observations during the April 30 hearing on the Islamabad High Court judges&rsquo; letter made him look like an alien &mdash; as if he never lived in Pakistan.

Justice Isa did adjudicate the Faizabad Dharna Case in which he held ISI chief and others responsible. He did apologise for Zulfikar Ali Bhutto&rsquo;s &ldquo;judicial murder&rdquo; via the Supreme Court.

How can he now pretend innocence by saying there has been no external interference or pressure ever since he took charge in April 2023? Doesn&rsquo;t he see enough evidence in how the fundamentals of justice were mauled in Cipher and Iddat cases by people who by implications are subordinates to the Supreme Court?

Now let&rsquo;s consider Shehbaz Sharif &mdash; the CEO of the country. Addressing potential investors and economists, the premier in his wisdom chose to lay bare the evils that reside in Pakistan: the power sector is in a shambles, electricity theft is rampant, and the elites of the country are getting perks/privileges that they don&rsquo;t deserve. 

He pretended to be candid but his candidness amounted to telling the foreigners that Pakistan is a mess, don&rsquo;t think of investing in that country where the electricity is stolen and the ruling elites are extractive.

One wonders whether the PM was in the right frame of mind at all. Imran Khan used to say similar things at home and abroad. And all Sharifs, Zardaris and their associates accused him of bringing them all in disrepute by calling them thieves.

Does the PM come across as a credible man who has nothing to do with the current mess and wants a revolution in the country? Investors do a bit of due diligence before even thinking of parking their precious money in a country. In our case, it is Sharifs and Zardaris plus close associates in key positions &mdash; the country is in the stranglehold of two clans and the establishment. Can that really excite investors to give it a try in Pakistan? Perhaps the Saudis and Qataris would buy off farm lands to ensure their own food security. Will it elevate this country of 240 plus million to a regionally competitive level? Will that be enough to take care of the crippling external loans and the crushing power sector circular debt? Both are a noose around Pakistan&rsquo;s neck which it won&rsquo;t get rid of through mere agriculture farming for a few countries.

Published in The Express Tribune, May 4th, 2024.

Like Opinion &amp; Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.

&nbsp;]]>
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			<title>Govt treads a tightrope over meddling issue</title>
			<link>https://tribune.com.pk/story/2464951/govt-treads-a-tightrope-over-meddling-issue</link>
			<comments>https://tribune.com.pk/story/2464951/govt-treads-a-tightrope-over-meddling-issue#comments</comments>
			<pubDate>Fri, 03 May 24 05:37:50 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2464951</guid>
			<description>
				<![CDATA[PTI will be ultimate beneficiary of executive, judiciary clash]]>
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				<![CDATA[The acknowledgement of the executive and state agencies&rsquo; interference in the judicial matters by majority judges of the superior courts have put the government/security establishment in a difficult position as it has to deal with two fronts including the Pakistan Tehreek-e-Insaaf (PTI).

After the change of Imran Khan&rsquo;s government, a clash was started between the PTI and the then PDM-led government and the security establishment. After the May 9, 2023 incidents, PTI leaders had faced a tough time. During the last couple of months, the PTI was unable to get any relief in any matter.

The situation had changed after the February 8 elections in which the PTI emerged as the largest single party in the National Assembly. But it did not stop a clash between the present government and the PTI.

On March 25, six Islamabad High Court judges wrote a letter to the Supreme Judicial Council (SJC) wherein they claimed interference by the agencies in the judicial functions.

Despite facing serious allegations, the government put a brave face and seemed somewhat relaxed in face of damning allegations ostensibly banking on &ldquo;cordial relations&rdquo; it has with Chief Justice of Pakistan Qazi Faez Isa, who tried to refer the matter to the government for the formation of an inquiry commission to probe the letter, despite the fact that a few Supreme Court judges opposed the idea. They wanted to take up the matter by the judiciary itself through suo motu proceedings.

Recusal of former chief justice of Pakistan Tassaduq Hussain Jillani compelled CJP Isa to take suo motu notice. During two hearings, a division among the judges over how to deal with the matter is palpable.

In a shocking revelation that took everyone by surprise, three high court judges said that interference by the agencies in political cases &ldquo;is an open secret&rdquo;. The high courts presented different proposals to end interference by the agencies.

At the same time, a malicious campaign was started against IHC Judge Babar Sattar. Even his family&rsquo;s data/information was leaked on the social media. It seems the government is unable to defuse the situation so far.

Despite maintaining a different position by CJP Isa, tension between the superior judiciary and establishment is increasing.

Sources revealed to The Express Tribune that one section within the government is suggesting the &ldquo;powerful circles&rdquo; to not open two fronts at the same time. Earlier, it was the PTI which was mounting pressure on the government/security establishment through different methods.

There is a need to come to a kind of &ldquo;ceasefire&rdquo; between the judiciary and executive/security establishment at the moment, a senior government official also admitted with The Express Tribune.

He also believes that if tension between two institutions allow to increase, the PTI will be the biggest beneficiary. It is to be noted that the PTI has already started to exploit the situation by claiming that they were the victim of the executive interference in the judicial affairs.

The country&rsquo;s history suggests that the security establishment never succeeded in its clash with an individual judge. Army dictator Pervez Musharraf had tried to oust former chief justice Iftikhar Muhammad Chaudhry but he faced a setback and got weak. The same happened when the PTI-led government attempted to remove Justice Qazi Faez Isa. Both the judges remained secure and the security establishment had to content with the majority judges&rsquo; decision.

At present, the judges want to preserve their independence. They do not want to penalise any government functionary. However, if the authorities concerned continue using intimidating tactics and harassing independent-minded judges, then they will be compelled to take coercive actions. And they will have the full backing of the largest political party (the PTI) and the lawyers community.

If the security establishment has de facto powers, then the judiciary has also de jure power. Their clash will favour the PTI, says a lawyer.

Now all eyes are on the government as to what reply it will submit in response to the meddling allegations.

A senior government official confirmed to The Express Tribune that several proposals are under consideration like a judicial reforms package wherein the tenure of a chief justice can be for a fixed term or the maximum age limit of superior court judges can be increased. However, he said a decision would be made after consultation with all stakeholders.

The official said that everything would become clear after the completion of the Senate elections in the Khyber-Pakhtunkhwa (K-P) Assembly. It is to be noted that Prime Minister Shahbaz Sharif has already formed a committee to suggest judicial reforms.]]>
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			<title>Punjab judiciary seeks end to executive control</title>
			<link>https://tribune.com.pk/story/2464814/punjab-judiciary-seeks-end-to-executive-control</link>
			<comments>https://tribune.com.pk/story/2464814/punjab-judiciary-seeks-end-to-executive-control#comments</comments>
			<pubDate>Thu, 02 May 24 04:34:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnat Maik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2464814</guid>
			<description>
				<![CDATA[Proposes that judges of special courts should be appointed by high courts]]>
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				<![CDATA[&nbsp;

&nbsp;Judiciary in Punjab has proposed to end the role of executive in the appointment and transfer of special courts judges in order to end judicial manipulation.

&quot;There always remain more chances of interference in the ATC [anti-terrorism court], NAB [accountability] and anticorruption courts where sensitive matters are decided.

&ldquo;Therefore the high courts should be empowered to directly make transfers and postings of the judges of said courts without approval/interference of the federal government.

&ldquo;The relevant provisions of law in this respect be directed to be announced immediately,&quot; proposed the Lahore High Court (LHC) in its reply submitted in the Supreme Court which is hearing a suo motu case regarding alleged meddling by intelligence agencies in Islamabad&rsquo;s district and high courts.

The district judiciary of Punjab had made a similar proposal, noting that special courts are more prone to interference by the executive and its agencies as appointment and transfer of judges in such courts are made by the executive.

&ldquo;It is proposed that the high court should directly assume the power of posting and transfer of these judges to avoid such interference,&quot; said a reply submitted by the Punjab district judiciary.

The proposals and suggestions have been made by all 36 district &amp; sessions judges in the Punjab in view of the Supreme Court&rsquo;s April 3 order.

The district judiciary has also suggested that the practice of obtaining feedback from security agencies and placing extensive reliance thereon while considering the cases of promotion of the judicial officers and elevation to the high court has really emboldened the agencies in trying to approach the judicial officers. This practice needs reconsideration.

It is also suggested that the protection of judges and their families should be ensured at every cast.
The district judiciary has proposed that frivolous complaints against judges should be discouraged and there must be zero tolerance against intervention of local bars in judicial matter.

Everyone including stakeholder of bar association and lawyers should be prohibited from visiting chambers of any judicial officer.


&ldquo;A judicial officer must lead a reserved social life and refrain from using social media platforms like Facebook, WhatsApp and Instagram etc.

&quot;There should be a diametric ban of the entry of any executive and intelligence agencies in the court premises.

&ldquo;In this regard no secret or departmental information undermining independence of judiciary be rendered to the executive or intelligence agencies.&rdquo;

It said certain reports are taken from intelligence agencies which lay the judiciary out in the open to interact with judicial officers which needs to be halted and bottlenecked to shun any impression of being influenced in the times to come.

&quot;Intelligence agencies should be monitored by a body comprising internal, executive, parliamentary and judicial functionaries to have a strict check on the activities of its operatives.

&ldquo;The body so designated should be independent, neutral and free from political influence to handle complaints and grievances related to intelligence services to provide effective remedies,&quot; the district judiciary added.

Senior politician Fawad Chaudhry who is himself facing alleged politically motivated cases said the process of appointment of special courts&rsquo; judges is against three Supreme Court decisions.

&ldquo;It violates the principle of separation of powers. The special courts of NAB, anti-corruption, the Federal Investigation Agency (FIA) and ATC are being misused by the government.&rdquo;

He said it is ridiculous that the government itself is filing cases in the special courts whose judges also are appointed by it.

Chaudhry said it has become a norm to appoint judges of bad reputation as special court judges.
Abdul Moiz Jafferii Advocate said the fundamental component of any judicial process is independence. It is what makes a court.

He said the Supreme Court has opined that administrative tribunals where the executive picks the members are not courts at all. That is why military courts are not courts.

Jafferii states that the executive can make a special court and ask the high court to nominate a member of the district judiciary to preside over it.

&ldquo;But if the executive can pick a judge to head that special court without the high court of the province involved, that fails the test of judicial independence and is in my view deficient of due process and fair trial,&rdquo; he added.

The Balochistan High Court (BHC) has also submitted its proposals to the Supreme Court, stating that judges must not be left vulnerable to the likes and dislikes of certain state agencies.]]>
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			<title>Khosa questions 'interference' of top judiciary, ECP</title>
			<link>https://tribune.com.pk/story/2453374/khosa-questions-interference-of-top-judiciary-ecp</link>
			<comments>https://tribune.com.pk/story/2453374/khosa-questions-interference-of-top-judiciary-ecp#comments</comments>
			<pubDate>Mon, 15 Jan 24 19:46:06 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2453374</guid>
			<description>
				<![CDATA[PTI lawyer asks if ECP has become a 'headmaster' deciding leadership positions within political parties]]>
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				<![CDATA[In a scathing critique aimed at the Election Commission of Pakistan (ECP) and the top judiciary, PTI leader Latif Khosa on Monday called into question the interference of the institutions to decide hierarchy within political entities.

In response to the assertion that flaws were found in PTI&#39;s intra-party elections, Khosa, who recently joined the PTI, questioned, &quot;Who are they to decide?&quot;

He pointed out that other major political parties like the PPP and PML-N have also conducted intra-party elections in a similar manner. Khosa noted that even Bilawal Bhutto was chosen as the PPP chairman through similar intra-party elections.

During an interaction with journalists, Khosa contested the legitimacy of external bodies in determining the flaws in PTI&#39;s intra-party elections, arguing that other major parties like the PPP and PML-N follow similar patterns. He highlighted the selection of Bilawal Bhutto as PPP chairman through comparable elections within the party.

Responding to questions about potential relief from Chief Justice of Pakistan (CJP) Qazi Faez Isa, he lamented that the PTI has been unjustly deprived of 227 reserved seats in the assemblies.

He further questioned the ECP&#39;s role, asking if it should act as a headmaster deciding the leadership positions within political parties.

&ldquo;Is the ECP a headmaster? Will the ECP monitor [decide] who will be the president, general secretary or office-bearer of political parties?&rdquo;

Read also:&nbsp;PTI committed to active participation in polls despite symbol setback: Gohar

Last week, the PTI faced a severe setback when the Supreme Court annulled the Peshawar High Court&#39;s January 10 order, stripping the party of its &#39;iconic&#39; electoral symbol, the bat, just days before the February 8 general elections.

The three-member bench, led by CJP Isa, upheld the ECP&#39;s plea, resulting in the unanimous verdict.

Earlier on Monday, the PTI withdrew its petition seeking contempt proceedings against the ECP, accusing it of failing to ensure a level playing field for the upcoming elections.

The party had filed the plea on December 26, 2023, but opted to withdraw it during the court hearing.

Khosa informed CJP Isa that the PTI would pursue the matter in the people&#39;s court rather than continuing the case in the judiciary. He said that the January 13 verdict, which deprived the PTI of its &#39;bat&#39; symbol, compelled the party to abstain from contesting on more than 230 seats.

CJP Isa questioned Khosa about the continuation of the case, to which Khosa responded that he had been directed to withdraw the plea.

He criticised the apex court for &ldquo;shattering the PTI&#39;s level-playing field&rdquo;, contending that the forced independent candidacy of all PTI candidates would lead to confusion among voters.]]>
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			<title>Siraj promises economic revamp, judicial overhaul</title>
			<link>https://tribune.com.pk/story/2451874/siraj-promises-economic-revamp-judicial-overhaul</link>
			<comments>https://tribune.com.pk/story/2451874/siraj-promises-economic-revamp-judicial-overhaul#comments</comments>
			<pubDate>Mon, 01 Jan 24 21:30:35 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Khyber Pakhtunkhwa]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2451874</guid>
			<description>
				<![CDATA[Prays that New Year proves to be year of Islamic democratic revolution in country]]>
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				<![CDATA[Jamaat-e-Islami Chief Siraj-ul-Haq has said that although the year change, the failed system remains in place. He believes that the nation has a golden opportunity in the coming year to actively participate in the democratic process, ensuring the success of Jamaat-e-Islami&#39;s candidates and laying the foundation for an Islamic welfare state.

Addressing a gathering in Lower Dir&#39;s Maidan area in his electoral constituency of NA-6, he stated that the Supreme Court&#39;s clear directives regarding the uncertain spread of election-related rumors and those questioning democracy are negative. 

Read&nbsp;35 generals, 3 parties maintained status quo: Siraj

He prayed that the New Year proves to be a year of the Islamic democratic revolution in the country, bringing success and prosperity to all, including Palestinians, oppressed Muslims, and Kashmiris.

Siraj appealed to the people to trust the scales on February 8 and establish the foundation of an Islamic prosperous Pakistan. He emphasised that the nation has the opportunity in the elections to break free from traditional parties. 

Published in The Express Tribune, January 2nd, 2024.]]>
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			<title>Procedures act ‘strengthened judiciary’, says SC</title>
			<link>https://tribune.com.pk/story/2451329/procedures-act-strengthened-judiciary-says-sc</link>
			<comments>https://tribune.com.pk/story/2451329/procedures-act-strengthened-judiciary-says-sc#comments</comments>
			<pubDate>Wed, 27 Dec 23 12:14:35 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2451329</guid>
			<description>
				<![CDATA[Detailed judgment stresses law does not infringe upon fundamental rights]]>
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				<![CDATA[The Supreme Court (SC) noted on Wednesday that the Supreme Court (Practice &amp; Procedure Act), 2023, which was legislated by the previous coalition government, strengthened the judiciary and created greater independence.

In its detailed judgment, authored by Chief Justice of Pakistan Qazi Faez Isa and endorsed by nine other judges, on the legal challenge to the law, the court stated that neither did the act violate the Constitution, nor undermine the apex court, or compromise the independence of the judiciary.

&ldquo;In effect it does the very opposite in ensuring the enforcement of Fundamental Rights, strengthening the Judiciary and creating greater independence therein,&rdquo; the judgment. &ldquo;The office of the Chief Justice has also been strengthened,&rdquo; it added.

The Practice &amp; Procedure Act was passed by parliament in April this year. It stipulated a three-member committee, comprising the chief justice and the two senior-most judges of the apex court, which will decide whether or not to take up a matter suo motu besides on the formation of the benches.

Read Parliament intended well in SC (Practice &amp; Procedure) Act: CJ Isa

As the law still awaited president&rsquo;s assent, the Supreme Court, then led by former chief justice Umar Ata Bandial, stopped its enacted, until the petitions challenging it were decided. The matter was taken up after Qazi Faez Isa became the chief justice.

On October 11, the Supreme Court, while in full court session declared the act as valid through a 10-5 majority. The detailed judgment of the case was authored by the chief justice, which had been released on Wednesday.
The judgment said that the Constitution empowered parliament to legislate about the practice and procedure of the Supreme Court as it specifically stipulated in the Article 191 of the Constitution.

It added that the act did not infringe upon the fundamental rights but facilitate their enforcement. &ldquo;The Act also grants an appeal to one who is aggrieved by a decision of the Supreme Court which is passed in exercise of the original jurisdiction of the Supreme Court under Article 184(3) [suo motu] &hellip; a standard good worldwide practice&hellip;&rdquo; the judgment added.

&ldquo;We have very carefully considered each and every provision of the Act, and are of the view that it has facilitated access to justice, instilled transparency, made the realization of Fundamental Rights more effective and the Supreme Court more independent,&rdquo; the judgment continued.

{{pdf}}

&ldquo;The office of the Chief Justice has also been strengthened as there is an element of continuity when consultation takes place with the two most senior Judges. The measures taken in the Act ensure judicial independence&hellip; we endorse the following definition of judicial independence.&rdquo;

The judgment noted that the Constitution did not grant to the chief Justice power to decide cases unilaterally and arbitrarily, stressing that the chief justice could not substitute his wisdom with that of the Constitution, nor could his opinion prevail over that of the judges of the Supreme Court.

The chief justice also noted in the judgment that the term &lsquo;Master of the Roster&rsquo; was neither mentioned in the Constitution, nor in any law or even in the rules, adding that the word master was offensive in a constitutional dispensation founded on democracy.

&ldquo;Master also connotes servitude, the extreme form of which is slavery which is prohibited by the Constitution. Islam establishes the principle of equality, and the Constitution does not permit transgressing the Injunctions of Islam, the State religion of Pakistan,&rdquo; he said.

Read&nbsp;&nbsp;SC registrar returns contempt plea against defence secy

&ldquo;The only servitude the Constitution (and Islam) envisages is to the Creator,&rdquo; said the judgment. &ldquo;Servitude also negates consultation. The Holy Qur&rsquo;an mandates, &lsquo;Do that which is in agreement amongst the people&rsquo;,&rdquo; the judgment added.

It said that Qur&rsquo;anic exegetes were unanimous in the interpretation of this verse that consultation was obligatory in respect of all matters pertaining to more than one person. &ldquo;History stands witness to the fact that when power is concentrated in an individual, disastrous consequences invariably follow.&rdquo;

&ldquo;Irreparable damage is caused to the Judiciary and to the people of Pakistan when the legitimacy, integrity and credibility of the Judiciary is undermined. If the people lose their trust in the Judiciary, it will render decisions made by it mere words on paper, without credibility and moral authority.

Read&nbsp;&nbsp;JCP to regulate CJs&rsquo; power in appointing judges

The surest way for this to happen is when cases are not decided in accordance with the Constitution.&rdquo;Additional noteSimultaneously, the additional note in the judgment, authored by Justice Yahya Afridi, has also been released. In his note, Justice Afridi underscored the importance of transparency in the formation of the benches at a time when the political environment was highly charged.

He acknowledged that the changes brought about by the Practice and Procedure Act were good, but opposed the grant of appeal against the decisions under Article 184(3). He said that such a right could be granted through a constitutional amendment and not by a simple legislation.

According to the addition note, granting the right of appeal was &ldquo;undoubtedly a positive step&rdquo; but if parliament wanted to grant this right, it should adopt the path of constitutional amendment. With a simple legislation in the Practice and Procedure Act, parliament exceeded its jurisdiction, it added.

(WITH INPUT FROM JEHANZEB ABBASI)]]>
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			<title>Police, judiciary among top corrupt sectors: survey</title>
			<link>https://tribune.com.pk/story/2449584/police-judiciary-among-top-corrupt-sectors-survey</link>
			<comments>https://tribune.com.pk/story/2449584/police-judiciary-among-top-corrupt-sectors-survey#comments</comments>
			<pubDate>Sun, 10 Dec 23 18:57:50 +0500</pubDate>
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				<![CDATA[DNA]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Sindh police surges to become the most corrupt sector, accounting for 37%]]>
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				<![CDATA[The police department remains the most corrupt while the judiciary sits as the third most corrupt institution in Pakistan, according to a survey released by Transparency International Pakistan (TIP).

According to the National Corruption Perceptions Survey 2023, the police remain the most corrupt sector (30%), tendering and contracting was seen as the second most corrupt (16%) and the judiciary third most corrupt (13%).

Education and health sectors are the fourth and fifth most corrupt sectors, respectively.

Local governments, land administration and customs, excise and income tax are the sixth, seventh and eighth most corrupt institutions, respectively.

According to the report, the provincial breakdown of the three most corrupt sectors reveals the following: In Sindh, police has climbed to become the most corrupt sector (37%), tendering and contracting was seen as the 2nd most corrupt (14%), while education has improved to become the 3rd most corrupt since NCPS 2022 (13%).

Read More: &#39;System&rsquo; blamed for corruption

In Punjab, police continued to remain the most corrupt sector (25%), judiciary (17%) and health (15%) have climbed to become the 2nd and 3rd most corrupt sectors since NCPS 2022.

In Khyber Pakhtunkhwa (K-P), police have climbed to become the most corrupt sector (37%), judiciary (15%) and tendering and contracting (13%) have improved to become the 2nd and 3rd most corrupt sectors since NCPS 2022.

In Balochistan, tendering and contracting (31%) remained the most corrupt sector, police (20%) was seen as the 2nd most corrupt, while judiciary (16%) was the 3rd most corrupt. The report further says that at the national level, the average expenditure on bribery is around Rs11,121.

In terms of public service delivery, the average expenditure on bribery was highest on judiciary i.e. Rs25,846. In Sindh, on average, citizens paid the highest bribe to access land administration (Rs6,426). In Punjab, on average, citizens paid the highest bribe to access police (Rs21,186).

In K-P, on average, citizens paid the highest bribe to access the judiciary (Rs162,000). Whereas in Balochistan, on average, citizens paid the highest bribe to access health (Rs160,000).

At the national level, the majority of citizens (36%) considered anti-corruption institutions (like NAB, FIA and Anti-Corruption Establishment) role as &ldquo;ineffective&rdquo; in curbing corruption in Pakistan.

Read More:&nbsp;Caretaker Sindh CM launches drive to purge govt depts of corruption

In Sindh, 39% of Pakistanis considered the National Accountability Bureau (NAB) role as effective in curbing corruption. In Punjab (42%), K-P (47%) and Balochistan (41%) Pakistanis considered the role of &ldquo;none of the anti-corruption institutions&rdquo; as effective in curbing corruption in Pakistan.

At the national level, the major cause of corruption, according to NCPS 2023 is the Lack of Merit (40%). At the provincial level, Sindh (42%), K-P (43%) and Balochistan (47%) consider lack of merit as a potent cause of corruption in Pakistan.

In Punjab (47%) consider the use of state institutions by bureaucracy for personal gain as the main cause of corruption in Pakistan.

As measures to curb corruption, 55% of Pakistanis at the national level say that the government should immediately ensure that the assets of the public officials are disclosed on their websites and 45% say that the accountability courts should resolve corruption cases in 30 days.

In Sindh (54%), Punjab (63%) and K-P (66%) consider that the government should immediately ensure that the assets of the public officials are disclosed on their websites.

Whereas in Balochistan (66%) citizens argue that to curb corruption, accountability courts should resolve cases within 30 days. NCPS 2023 has revealed that the majority of Pakistanis (68%) at the national level believe that accountability institutions such as NAB, FIA and Anti-Corruption Establishments are used for political victimisation.

At the provincial level, this perception is shared by (72%) in Sindh, (77%) in Punjab, (85%) in K-P and (37%) in Balochistan.

Moreover, 60% of Pakistanis at the national level feel that the accountability institutions (NAB, FIA, ACEs, Office of the Ombudsman) should be abolished as they have failed to control corruption. In Sindh (62%), Punjab (74%), K-P (61%) and Balochistan (43%) Pakistanis argue in support of abolishing these accountability institutions.

At the national level, (47%) of Pakistanis consider corruption as the main reason hindering Pakistan&rsquo;s progress. In Sindh (47%), Punjab (46%) and K-P (62%) consider corruption as the main reason hindering Pakistan&rsquo;s progress. Whereas in Balochistan (46%) consider lack of merit as the main reason behind Pakistan&rsquo;s hindering progress.

The survey also sheds light on corruption and climate change and the need for transparency and accountability in climate governance. At the national level, (62%) of Pakistanis consider corruption and unethical practices to contribute to environmental degradation and the exacerbation of climate change effects in Pakistan.

In Sindh (61%), Punjab (66%), K-P (80%) and Balochistan (38%) think that corruption and unethical practices have an important role in exacerbating climate change effects in Pakistan.

At the national level, a majority of Pakistanis (67%) feel that the provincial and local governments do not take their views in shaping climate policies and actions, including projects aimed at addressing the climate crisis.

The provincial breakdown reveals that in Sindh (66%), Punjab (68%), K-P (66%) and Balochistan (68%) citizens feel they do not have participation in climate decision-making and planning.

At the national level, 76% of Pakistanis have never filed any Right to Information (RTI) request with any public body. At the provincial level, in Sindh (78%), Punjab (77%), K-P (74%) and Balochistan (75%) citizens have never used Right to Information laws.

At the national level, (67%) of Pakistanis feel that ordinary people can make a difference in the fight against corruption. At the provincial level, in Sindh (74%), Punjab (76%), K-P (81%) and Balochistan (34%) citizens believe ordinary people can play an important role in the fight against corruption.

According to the TIP, the Corruption Perception Survey has been conducted 8 times in the last 23 years which was in 2002, 2006, 2009, 2010, 2011, 2021, 2022 and 2023. The perception level of NCPS 2023 contains the perception of Pakistanis.

This survey was conducted by the TIP with the support of its partner organizations in Sindh, Punjab, K-P and Balochistan. The survey was conducted from 13th October 2023 to 31st October 2023.

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			<title>Bar-bench collaboration urged for justice</title>
			<link>https://tribune.com.pk/story/2449501/bar-bench-collaboration-urged-for-justice</link>
			<comments>https://tribune.com.pk/story/2449501/bar-bench-collaboration-urged-for-justice#comments</comments>
			<pubDate>Sat, 09 Dec 23 20:22:25 +0500</pubDate>
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				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Sindh]]></category>
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				<![CDATA[Interim CM expresses concern over current threats to judiciary, both external and internal]]>
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				<![CDATA[Sindh Chief Minister, Justice (retd) Maqbool Baqar expressed concern over the strained relations between the bar and the bench, emphasising the critical role both play in achieving justice and democracy. 

Speaking at the annual dinner at Karachi Bar Association (KBA), Baqar acknowledged the need for improved collaboration to address challenges affecting the entire legal system.

The event was attended by Chief Justice Sindh High Court (SHC) Justice Aqeel Ahmed Abbasi, KBA President Amir Saleem, Vice President Mumtaz Ali Mehdi, General Secretary Waqar Alam, Joint Secretary Sabeeh Mahmood, and others. The CM congratulated Justice Aqeel Ahmed Abbasi on assuming the position of chief justice and expressed hope for cooperative efforts between the bar and the bench during his tenure.

He expressed concern over the current threats to the judiciary, both external and internal, emphasising the need to address issues such as the composition of benches to restore public confidence in the legal system.

Published in The Express Tribune, December 10th, 2023.]]>
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			<title>SC got bogged down by ‘controversies’</title>
			<link>https://tribune.com.pk/story/2435239/sc-got-bogged-down-by-controversies</link>
			<comments>https://tribune.com.pk/story/2435239/sc-got-bogged-down-by-controversies#comments</comments>
			<pubDate>Mon, 11 Sep 23 07:24:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2435239</guid>
			<description>
				<![CDATA[In 'swan song', CJ bemoans political situation affected performance; praises Justice Isa as ‘admirable man']]>
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				<![CDATA[In his farewell address, Chief Justice of Pakistan Umar Ata Bandial on Monday recounted the trials faced by the court during his tenure, regretting that the Supreme Court remained bogged down by controversies, and blamed the ongoing political situation for hobbling the judicial performance.

Speaking at a ceremony marking the commencement of the new judicial year, he highlighted the court&#39;s numerous tests in February 2023, particularly concerning matters pertaining to the Constitution of Pakistan.

Justice Bandial candidly admitted that the court itself had fallen victim to the tough test and environment.

Although choosing not to delve into specific incidents and what transpired, he said the decision made in the audio leaks case was a reflection of the challenges faced.

During his speech, the outgoing top jurist also broached various subjects and controversies that the top court had been entangled in, including elections and internal differences.

In regard to his differences with incoming Chief Justice Qazi Faez Isa, Justice Bandial took the opportunity to praise his successor as an admirable man, with whom his simmering differences came to the fore several times. &ldquo;My brother is admirable, and I respect him.&rdquo;

&lsquo;Good to see you&rsquo;

Acknowledging the power of the media in shaping public perception, CJP Bandial emphasised the importance of accurate reporting as they were &ldquo;society&#39;s eyes and ears&rdquo;. However, he expressed disappointment over some incorrect reports published about him, ruefully recalling that phrases, such as &quot;good to see you&quot; and &quot;short and sweet,&quot; were taken out of context.

However, he said he held no grudges against the media.

He also said that the overall stability will come only with political stability in the country.

Chief Justice Bandial said that this might be his final address as the chief justice and gave a brief overview of the judicial performance.

Despite the challenges, he hailed the Supreme Court&#39;s accomplishments, boasting that it disposed of a record-breaking 23,000 cases in the past year, surpassing its previous record of 18,000 cases.

Read Jurisdiction has to be settled first: SC

&ldquo;I worked 13 to 16 hours beyond the official time. Hearing of cases increased through video link, 50 per cent of cases will be reduced by alternative means of dispute resolution,&rdquo; he noted.

However, he acknowledged that more work needed to be done, as the backlog remained substantial, with only 2,000 cases addressed out of the desired 50,000 reduction.

With regards to elections, he emphasised that nobody opposed holding them within the mandated 90 days, but political antagonism and legal obstacles hindered the progress expected from the Supreme Court.

He also addressed the controversy surrounding the 4-3 and 3-2 judgement, clarifying that none of the judges disagreed on holding general elections within 90 days as per the Constitution.

Regarding suo moto notices, he explained that only one notice had been taken in nine months and expressed hope that his successor, CJP-designate Qazi Faez Isa, would develop a better mechanism for suo moto notices.

He stressed that every institution, including the judiciary, would achieve stability when there is political stability in the country.

Chief Justice Bandial also highlighted the obstacle of utilising dam funds, which he inherited from his predecessors. He revealed that Rs18.6 billion of these funds are currently held in government securities, under the supervision of the top court.

However, he acknowledged the difficulty in implementing these funds for their intended purpose, stating that concrete steps must first be taken. Furthermore, he addressed the criticisms surrounding the court&#39;s and judges&#39; expenses. In an effort to promote austerity, the court has already surrendered approximately 13 per cent of its budget to the national treasury.

Additionally, the chief justice commended the inclusion of women in judicial work, emphasizing that their involvement has empowered the court.

When questioned about a potential farewell full-court reference, Chief Justice Bandial admitted that he had not yet thought about it or made a decision.

However, CJP-designate Faiz Isa later informed the media that they are still awaiting information regarding the full court reference. He also mentioned that the chief justice had hinted in his speech that this could be his last address.

It is customary for the Supreme Court to hold a full court reference in honour of retiring judges.

On another note, the attorney general expressed concern over the increasing number of pending cases.

He urged the Supreme Court to prioritize the prompt resolution of cases involving ordinary citizens under Article 185. He argued that the concentration on political and high-profile cases under clause 3 of Article 184 often adversely affects the progress of cases involving common criminals.

Justice Bandial took office as CJP in February 2022 and is due to retire on September 16, 2023. The Supreme Court has been marred with controversies this year against the backdrop of a political crisis which has garnered the attention of international media and much uncertainty surrounding the next general elections.

The top court has decisions pending in several political and constitutional cases as CJP Bandial begins his last week in office.

Under his tenure, the top court has been criticized by mainstream political parties, especially the Pakistan Muslim League-Nawaz (PML-N) for extending &quot;undue favours&quot; to the beleaguered Pakistan Tehreek-e-Insaf.]]>
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			<title>Eleven LHC judges to get interest-free loans</title>
			<link>https://tribune.com.pk/story/2434640/eleven-lhc-judges-to-get-interest-free-loans</link>
			<comments>https://tribune.com.pk/story/2434640/eleven-lhc-judges-to-get-interest-free-loans#comments</comments>
			<pubDate>Thu, 07 Sep 23 18:27:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[These interest-free loans will be repaid by the judges over a twelve-year period]]>
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				<![CDATA[The Punjab caretaker government has approved interest-free loans totalling Rs360 million for eleven judges of the Lahore High Court (LHC), including one of the justices who issued a stay order against a government decision regarding sugar mills.

The Punjab Cabinet&#39;s Standing Committee on Finance recently granted approval for these loans, which the judges sought to use for constructing residences or purchasing properties.

Read also:&nbsp;Major reshuffle in Punjab judiciary

These interest-free loans will be repaid by the judges over a twelve-year period, with each judge receiving approximately Rs30 million, equivalent to 36 times their basic monthly salary of Rs912,862.

The judges set to receive these loans are Justice Rasaal Hasan Syed, Justice Shakeel Ahmed, Justice Muhammad Tariq Nadeem, Justice Muhammad Amjad Rafiq, Justice Abid Hussian Chattha, Justice Anwaar Hussain, Justice Ali Zia Bajwa, Justice Muhammad Raza Qureshi, Justice Raheel Kamran, Justice Ahmed Nadeem Arshad, and Justice Safdar Saleem Shahid. It is worth noting that there has not been any previous instance of government officials receiving interest-free loans.]]>
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			<title>Ashraf for curbing ‘favouritism’ in judiciary</title>
			<link>https://tribune.com.pk/story/2431652/ashraf-for-curbing-favouritism-in-judiciary</link>
			<comments>https://tribune.com.pk/story/2431652/ashraf-for-curbing-favouritism-in-judiciary#comments</comments>
			<pubDate>Sun, 20 Aug 23 04:59:58 +0500</pubDate>
			<dc:creator>
				<![CDATA[News Desk]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Former NA speaker terms 19th Amendment ‘injustice’ with parliament]]>
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				<![CDATA[Former National Assembly speaker Raja Pervaiz Ashraf on Saturday criticised the 19th Amendment to the Constitution that empowered judges to be decision-makers in judicial appointments and called for an amendment to the procedure, claiming the existing system was plagued with favouritism.

In an appearance on a private TV channel show, Ashraf said: &ldquo;Unfortunately, it has come to the fore that even [in the process of judicial appointments in the judicial commission] there is a matter of likes and dislikes.&rdquo;

He said, &ldquo;Some chamber becomes a favourite and [judges] start coming from there. If you go further back before this, then the sons of judges became all of the judges.&rdquo;

Ashraf said parliament must look into the matter and its relevant committee must be empowered.

He termed the passing of the 19th Amendment in 2011 as an &ldquo;injustice&rdquo; with parliament, adding that he was told about a &ldquo;threat&rdquo; at the time that all previous amendments by the then government would be struck off if the 19th Amendment was not passed.

The 19th Amendment envisaged a new system for appointments in the superior courts, aiming at neutralising a probable source of conflict between the judiciary and the executive.

The amendment also raised the number of senior judges as members of the Judicial Commission of Pakistan (JCP) to four.

Under the amendment, recommendations for the appointments of ad hoc judges in the superior courts were to be made by the chief justice of Pakistan in consultation with the JCP.

Moreover, it said that in case of the National Assembly&rsquo;s dissolution, members of the parliamentary committee would be from the Senate only.]]>
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			<title>Asif warns judiciary against overstepping authority</title>
			<link>https://tribune.com.pk/story/2419517/asif-warns-judiciary-against-overstepping-authority</link>
			<comments>https://tribune.com.pk/story/2419517/asif-warns-judiciary-against-overstepping-authority#comments</comments>
			<pubDate>Wed, 31 May 23 03:42:46 +0500</pubDate>
			<dc:creator>
				<![CDATA[Waqas Ahmed]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2419517</guid>
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				<![CDATA[Defence minister vows befitting response if top court infringes upon parliament’s authority]]>
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				<![CDATA[&nbsp;

Defence Minister Khawaja Asif on Tuesday warned that the judiciary could not dictate parliament and if there was any interference in the scope of legislation, a befitting reply would be given.

Speaking at the National Assembly, Asif fired a broadside at Chief Justice of Pakistan Umar Ata Bandial for sitting on a five-judge bench that suspended the inquiry commission probing the audio leaks.

Asif said that the judiciary and parliament were at war for the past several months or at least a year. But now, he added, the situation had come to a point that when the government took a step to fix a rule of law, it was being resisted or abolished.
&ldquo;Even the judiciary cannot dictate parliament,&rdquo; Asif, a senior leader of the ruling Pakistan Muslim League-Nawaz (PML-N), told the house. &ldquo;If there is interference in our scope, there will be a befitting reply.&rdquo;

Asif explained that the cabinet formed a commission, comprising the senior-most Supreme Court judge and the chief justices of the Balochistan and the Islamabad high courts to investigate the leaked audios.

&ldquo;We did not appoint members of parliament to the commission or appointed anyone from outside the judiciary, but [still] the Honourable Chief Justice of the Supreme Court has stopped the entire process,&rdquo; he added.

The defence minister further explained that the government did not include Chief Justice Bandial in the commission because the leaked audios also included the one that was purportedly linked to his mother-in-law.

The minister said that conflict of interest was an established principle. &ldquo;Whenever, a judge is the plaintiff or the accused, or has direct or indirect interest in the matter, he should not sit in the judge&#39;s chair.

&ldquo;Keeping this principle in mind, we constituted this commission and hoped that the chief justice would be kind enough to recuse himself from the matter and leave the scales of justice in the hands of the commission,&rdquo; he continued.

Asif said that there was an impression that those conversations which were in the leaked audios had been recorded with a phone-tapping device. However, he added in the present era, phone conversations could be recorded from abroad.
&ldquo;Nowadays, one can hack a mobile phone in Pakistan, while sitting in the UK, and all conversations can be recorded. It does not require a listening device. Hackers can hack [phones] from anywhere in the world,&rdquo; he said.

The intelligence agencies of the United States and the major powers of the world have interfered and information was stolen. And this story can happen in Pakistan too,&rdquo; the minister told the house.

He said that the National Assembly speaker had formed a committee under Aslam Bhootani but &ldquo;I am informed that [former chief justice] Saqib Nisar&#39;s son had filed an application against it in the Islamabad High Court (IHC)&rdquo;.

Asif recalled that former chief justice Iftikhar Chaudhry recused himself from hearing of a case of his son. &ldquo;But such traditions have been abandoned by a few people in the Supreme Court,&rdquo; he lamented.

&ldquo;If the then Chief Justice Iftikhar Chaudhry could recuse himself, today he [Chief Justice Bandial] should also recuse himself from this commission on the issue involving the audio tapes of his [Bandial&rsquo;s] relative.&rdquo;

The defence minister also mentioned the Supreme Court (Practice and Procedure) Act which, he said, was enacted to expand the powers of the chief justice. However, this bill was not signed by the president but still the Supreme Court took notice of it.

&ldquo;Taking notice of something that is still in the process is something that has never happened before,&rdquo; he said. &ldquo;We wanted to introduce such a process that will end the impression of a one-man show in the Supreme Court.&rdquo;]]>
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			<title>SC order irks leaks commission head</title>
			<link>https://tribune.com.pk/story/2418828/sc-order-irks-leaks-commission-head</link>
			<comments>https://tribune.com.pk/story/2418828/sc-order-irks-leaks-commission-head#comments</comments>
			<pubDate>Sat, 27 May 23 07:25:31 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Justice Isa adjourns hearing of probe panel but grills AGP over his failure to apprise SC bench properly]]>
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				<![CDATA[A judicial commission tasked with probing into some leaked audios involving serving and former judges and their family members on Saturday adjourned its proceedings for an indefinite period in view of an order of the Supreme Court.

The head of the three-man commission, Justice Qazi Faez Isa, however, raised objections to the order issued by a five-judge SC bench on Friday, noting that the Inquiry Commission Act 2017 does not specify that a judicial commission must be formed in consultation with the chief justice of Pakistan (CJP).

The government on May 20 formed a commission, led by Justice Isa and comprising Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Islamabad High Court (IHC) Chief Justice Aamer Farooq to probe into genuineness of the audios and their impact on the independence of the judiciary.

A number of petitioners including former prime minister Imran Khan challenged formation of the commission and a five-judge Supreme Court bench led by CJP Umar Ata Bandial on Friday suspended the probe panel&rsquo;s proceedings while hearing their petitions.

Read&nbsp;Imran demands commission to probe &lsquo;powerful elements&rsquo; behind audio leaks

&ldquo;Prima facie, the very constitution of the commission is cast in doubt as the government did not consult the chief justice of Pakistan for the nomination of a judge,&rdquo; read an eight-page order authored by CJP Bandial. The SC bench also noted that permission of the CJP was also required for including two high court judges to the inquiry commission.

Justice Isa, who is the senior most SC judge after CJP Bandial and who is going to be elevated as the country&rsquo;s top judge in September this year, took exceptions to points raised in the order.

&ldquo;Where is it written in the Inquiry Commission Act, 2017 that the government must consult with the CJP for forming a judicial commission?&rdquo; Justice Isa said. &ldquo;The order said the government acted unilaterally. A government always acts unilaterally.&rdquo;

Justice Isa also disagreed with the contention that the CJP&rsquo;s permission is needed to include a high court judge to a judicial commission.

Read more&nbsp;Ex-CJ Nisar under spotlight over audio leaks &mdash; again

&ldquo;Federalism demands that provinces must be independent and autonomous. Such observations by the Supreme Court will destroy federalism,&rdquo; Justice Faiz Isa said.

&ldquo;We have to follow the law and not the constitutional tradition,&rdquo; he added.

Earlier, Justice Isa grilled Attorney General for Pakistan (AGP) Mansoor Awan, asking him as to why he did not raise legal points in the Supreme Court. &ldquo;You say one thing here and the opposite there.&rdquo;

Justice Isa also asked him as to why he raised objection to the CJP heading the commission.

During the hearing on Friday, AGP Awan had sought permission to make a preliminary submission, saying that CJP Bandial ought to consider recusing himself from the bench on account of a certain conflict of interest.

Justice Isa asked the AGP as to how the bench issued the order without first issuing notices to the respondents including the commission and hearing arguments of both parties.

&ldquo;How could the court stop the commission from working without first issuing it a notice? According to the Supreme Court Rules, an order is issued after hearing the parties.&rdquo;

Justice Isa asked the AGP if the SC had issued him any notice before the hearing or if he was just present in the courtroom on Friday [May26] by chance. &ldquo;I was told verbally that you should appear in court. A notice was issued to me after the hearing,&rdquo; the AGP replied.

The judge lamented that the court neither issued any notice to the commission nor formally informed it about the stay order. &ldquo;One member of the commission has come to Islamabad from Quetta this morning to attend the proceedings. Had we been informed earlier, he would not have been spared of this toil.&rdquo;

The judge then asked the AGP if the commission was arrayed as a respondent in any of the constitutional petitions filed against the commission. The AGP replied in the affirmative. &ldquo;The commission has been nominated as respondent in the petitions no 14 and 14/2023.

In view of the fact, the commission later adjourned its proceedings.]]>
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			<title>'Good to see you Imran Khan', CJP responds to criticism</title>
			<link>https://tribune.com.pk/story/2417048/good-to-see-you-imran-khan-cjp-responds-to-criticism</link>
			<comments>https://tribune.com.pk/story/2417048/good-to-see-you-imran-khan-cjp-responds-to-criticism#comments</comments>
			<pubDate>Tue, 16 May 23 06:52:12 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2417048</guid>
			<description>
				<![CDATA[Chief Justice Umar Ata Bandial clarifies 'good manners' are not political]]>
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				<![CDATA[The deeply charged political atmosphere prevailing in the country appears to have put echelons of power on the edge. Speaking during the hearing of a civil case on Tuesday, Chief Justice of Pakistan Umar Ata Bandial clarified that his remark &ldquo;good to see you Imran Khan&rdquo; carried no political implication.

Everyone is deserving of basic respect and good manners, clarified the CJP, lamenting that he was subjected to criticism for offering a simple greeting to deposed prime minister and Pakistan Tehreek-e-Insaf chairperson Imran Khan during a recent hearing following the latter&rsquo;s arrest by paramilitary forces.

Addressing lawyer Asghar Sabswari during the hearing of a civil case, CJP Bandial stressed on the importance of good manners.

The CJP&#39;s remarks come a day after the ruling coalition&#39;s - the Pakistan Democratic Movement (PDM) - sit-in outside the Supreme Court (SC) protesting CJP Bandial&#39;s alleged preferential treatment to former premier Imran.

The ruling alliance had announced staging the sit-in right outside the top court after a three-judge bench led by CJP Bandial declared Imran&#39;s arrest from the premises of the Islamabad High Court (IHC) illegal and directed his immediate release on May 11.

On May 9, 2023, troops of paramilitary Rangers barged into the IHC premises, where Imran had appeared in connection with the Al-Qadir Trust case to face graft proceedings against him, and whisked the former premier away in a whirlwind raid carried out on the National Accountability Bureau&rsquo;s (NAB) behalf.

The arrest, or &ldquo;abduction&rdquo; as PTI claims, took place before the court proceedings could begin. IHC Chief Justice Aamer Farooq called into question the manner of arrest, issuing contempt notices to the interior secretary and the Islamabad inspector-general of police (IGP) but maintained that the arrest itself was legal.

Read Amidst polarisation: Controversy clouds CJP&rsquo;s career

The next day, the IHC granted NAB eight-day physical remand of the PTI chairperson and indicted him in a separate graft case for which Imran and his legal team had earlier boycotted proceedings.

Imran&rsquo;s arrest brought the country to a standstill, with the government shutting off mobile internet services and restricting public access to information in retaliation to widespread protests across major cities.

The apparent dismissal of proper procedure when dealing with an accused and the involvement of the country&rsquo;s paramilitary forces also garnered international attention, with global media outlets pointing at escalating tensions between the deposed prime minister and the incumbent civil-military relationships.

Pakistan&rsquo;s already flailing economy took further hits in the aftermath of the arrest given the political uncertainty and suspension of internet services.

Following Imran&#39;s arrest and release, the political atmosphere remains tense with the federal government lashing out at judicial forces and the deposed prime minister accusing security forces of working against his party. As democratic processes continue to suffer, the government&#39;s crackdown against those who resorted to civil unrest after Imran&#39;s arrest has continued unabated with hundreds rounded up across the country.

Scores of people took to the streets in protest against Imran&rsquo;s arrests highlighting once again his position as a popular leader. Several of them barged into crucial military buildings as well as residential areas in retaliation. The previous week also saw arrests of prominent PTI leaders such as Asad Umar, Fawad Chaudhry and Yasmin Rashid. Some of the PTI leadership remain under arrest.]]>
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			<title>K-P Bar Council asks CJ to step down</title>
			<link>https://tribune.com.pk/story/2410786/k-p-bar-council-asks-cj-to-step-down</link>
			<comments>https://tribune.com.pk/story/2410786/k-p-bar-council-asks-cj-to-step-down#comments</comments>
			<pubDate>Sat, 08 Apr 23 20:28:32 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Khyber Pakhtunkhwa]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2410786</guid>
			<description>
				<![CDATA[Says his decisions have stained judicial system of country]]>
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				<![CDATA[Khyber-Pakthunkhwa Bar Council has demanded of the Chief Justice Umar Atta Bandial to step down over what it called his authoritative style.

&ldquo;From the dissenting note of the Justice Athar Minallah, it is now clear that the suo moto was rejected by four to three verdict but due to his ego the chief justice went his way and earned the judiciary a bad name,&rdquo; the bar council statement said.

In a press statement issued here on Saturday, Vice Chairman of the Bar Council Zar Badshah Khan Advocate said that the chief justice has adopted an authoritative style in Supreme Court, which has left the judicial system stained.

&ldquo;The chief justice has violated his oath and the judicial code of conduct,&rdquo; he observed, adding that the dissenting note by Justice Athar Minallah has showed that the case had been decided by the majority but chief justice told lies about the decision.

&ldquo;The K-P Bar Council has filed a reference against Justice Mazahar Ali Naqvi in Supreme Judicial Council but still he is made part of the benches and senior judges are ignored in the benches,&rdquo; he maintained, adding that it is the clear cut violation of the judicial code of conduct.

Zar Badshah said that the chief justice has failed completely in fulfilling his constitutional responsibilities as chairman judicial council because he didn&rsquo;t nominate any judges from Peshawar High Court.

&ldquo;The chief justice didn&rsquo;t nominate any judge from PHC for judicial council and the meeting of the judicial council is not being called to make the chief justice PHC permanent and this injustice is being done intentionally,&rdquo; he added.

He demanded of the federal government to file a reference against the chief justice so that to restore the trust of the general public on the Supreme Court.

Published in The Express Tribune, April 9th, 2023.]]>
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			<title>ECP issues code of conduct for media</title>
			<link>https://tribune.com.pk/story/2410670/ecp-issues-code-of-conduct-for-media</link>
			<comments>https://tribune.com.pk/story/2410670/ecp-issues-code-of-conduct-for-media#comments</comments>
			<pubDate>Sat, 08 Apr 23 04:24:31 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2410670</guid>
			<description>
				<![CDATA[No material against the integrity of the country and independence of the judiciary can be be published or released]]>
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				<![CDATA[After the political parties, the Election Commission of Pakistan issued a code of conduct for the national and international media.

According to a statement issued by the ECP, no material against the integrity of the country and the independence of the judiciary would be published or released.

&ldquo;The international media have also been instructed to follow the instructions and submit the visa on time.&rdquo;

The statement added, &ldquo;Statements aimed at harming national unity and disrupting public order will not be published during the election campaign. Newspapers as well as digital and social media will also be bound by it.&rdquo;

It said, &ldquo;Personal attacks, including religion, race, gender and caste will be avoided. Legal action will be taken on any such complaint.&rdquo;

During the election campaign, the ECP said, the media should avoid any material that &ldquo;disturbs the law and order situation on the polling day&rdquo;.

The media should not be part of a government-sponsored political campaign, the ECP said, adding that the media should contact it to verify allegations of one candidate against the other.

The media was also barred by the ECP from reporting the results for an hour after the polling ended.]]>
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			<title>Reference against judges: Not a viable option</title>
			<link>https://tribune.com.pk/story/2410223/reference-against-judges-not-a-viable-option</link>
			<comments>https://tribune.com.pk/story/2410223/reference-against-judges-not-a-viable-option#comments</comments>
			<pubDate>Thu, 06 Apr 23 04:05:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2410223</guid>
			<description>
				<![CDATA[Senior govt official says govt would not approve any proposal to file references in the SJC]]>
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				<![CDATA[A &ldquo;strong section&rdquo; of the coalition government is pressing for filing references against the Supreme Court judges who on Tuesday directed the Election Commission of Pakistan (ECP) to hold elections in Punjab on May 14.

However, legal wizards of the ruling parties especially those of the Pakistan Muslim League-Nawaz (PML-N) are against this proposal, warning that it may backfire.

According to sources, one section within the government is advocating moving references against the members of the three-judge bench that delivered Tuesday&#39;s verdict.

The bench was led by Chief Justice of Pakistan Umar Ata Bandial and comprised Justice Munib Akhtar and Justice Ijazul Ahsan.

These hawks are facing strong resistance from the legal minds of the ruling alliance.

&quot;I have already advised my party leadership not to consider such a move as it will backfire badly. We should learn lessons from history. Even a military dictator [Pervez Musharraf] faced defeat when he filed a reference against a chief justice [Iftikhar Chaudhry],&rdquo; said a senior lawyer of the PML-N while requesting anonymity.

He said the Pakistan Tehreek-e-Insaf (PTI) government and the military establishment also faced humiliation when they filed a reference against Justice Qazi Faez Isa. The lawyer said such a move will unify the Supreme Court which is at present facing serious internal divisions.

&ldquo;The PTI and the lawyers&rsquo; community will also take to streets in protest against such references and cause serious troubles for the federal government,&rdquo; he added.

At present, the Professional Lawyers Group which is regarded as pro-PTI is dominant in the Supreme Court Bar Association and the Lahore High Court Bar Association.

Even senior members of the Independent Lawyers Group also believe that filing of references against the SC judges will be a blunder.

The Independent group, which is regarded as being pro-government, has a majority in the Pakistan Bar Council. However, dynamics have changed at bars and young lawyers are supporting the PTI. It is also witnessed that lawyers always get united whenever a government tries to target a judge.

Sources told The Express Tribune that the government legal team is also resisting the idea of filing references against top court judges. A senior government official said the government would not approve any proposal to file references in the Supreme Judicial Council (SJC).

President Dr Arif Alvi, who was a PTI leader before being elected as the president of the country, will also not forward any such reference to the SJ, they added.

In view of the SC jurisprudence, it is mandatory for the president to apply his mind as to whether the reference forwarded by the government has any substance.

The reference filed against Justice Qazi Faez Isa had to be quashed as the president had not applied his mind before forwarding it to the SJC under Article 209 of the Constitution.

Senior lawyer Akram Sheikh has also opposed the idea of filing references and recommended that the government annul the SC&#39;s judgment through legislation in public interest, said a source.

The CJP has discretionary power to initiate proceedings of misconduct against any judge.

A senior PML-N lawyer said when the CJP being the chairman of the SJC has unfettered powers then any move against him will not be successful.

Another lawyer said it will be presumed in the public that the government reference is a reaction to the judge&rsquo;s April 4 verdict &ndash;an impression that will not go in favor of the ruling coalition.

Similarly no reference can be filed against a judge on account of his judicial order.]]>
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			<title>Lawyers back supremacy of Constitution</title>
			<link>https://tribune.com.pk/story/2409789/lawyers-back-supremacy-of-constitution</link>
			<comments>https://tribune.com.pk/story/2409789/lawyers-back-supremacy-of-constitution#comments</comments>
			<pubDate>Tue, 04 Apr 23 04:04:28 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2409789</guid>
			<description>
				<![CDATA[Ahsan urges Rabbani to speak up on ‘constitutional crisis’]]>
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				<![CDATA[As the coalition government moves to reduce the power of the Chief Justice of Pakistan (CJP) to take suo motu notice alone and delay elections in the Punjab and Khyber-Pakhtunkhwa assemblies, the Lawyers&rsquo; Convention held here on Monday passed a resolution throwing its weight behind the &ldquo;supremacy of Constitution&rdquo;. The resolution was presented by Faisal Chaudhry Advocate.

Last week, both houses of parliament passed the Supreme Court (Practice and Procedure) Bill 2023, aimed at limiting the top judge&rsquo;s suo motu powers in an individual capacity.

Addressing the Lawyers&rsquo; Convention via video link on Monday, PPP leader Barrister Aitzaz Ahsan noted that efforts were being made to delay elections in Punjab and K-P. He suggested that those responsible for providing security were trying to prevent the polls from being held, and added that for the first time, the Constitution was not being implemented, in a veiled reference to the establishment.

Ahsan called on PPP leader Senator Raza Rabbani &ndash; architect of the 18th Amendment, which curtailed the president&rsquo;s power to dissolve the National Assembly and transferred political and economic powers to the provinces &ndash; to speak up on the current &ldquo;constitutional crisis&rdquo;. He urged lawyers to uphold the Constitution rather than following the doctrine of necessity.

Ahsan praised Supreme Court Justice Qazi Faez Isa, calling him a courageous judge, and said that &ldquo;clipping the powers of CJP meant that his (Justice Isa&rsquo;s) authority was also being limited&rdquo;. He also said that Justice Isa had given a verdict against him when he was the Balochistan High Court Chief Justice, but that he was &ldquo;impressed by his courage&rdquo;.

On the government&rsquo;s efforts to curtail the CJP&rsquo;s powers, Ahsan metaphorically said, &ldquo;chains that are used to tie CJP Umar Ata Bandial&rsquo;s feet will also be used for you (Justice Isa) tomorrow&rdquo;. He urged Justice Isa to support CJP Bandial, who he said was standing as a custodian of the Constitution.

On Wednesday, a special bench of the Supreme Court, with a two-to-one majority, ordered that all suo motu cases be suspended &ndash; under Article 184(3) of the Constitution &ndash; until amendments were made to the apex court rules governing the chief justice&#39;s discretionary powers.

The special bench order came in response to the suo motu case related to examining the award of additional 20 marks to Hafiz-e-Quran candidates applying for enrolment to an MBBS/BDS degree. Justice Isa headed the bench, which comprised Justice Aminuddin Khan and Justice Shahid Waheed. However, Justice Isa objected to the constitution of the bench, arguing that it was not properly constituted.]]>
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			<title>Govt wants SC to clear air on 4-3 or 3-2 verdict</title>
			<link>https://tribune.com.pk/story/2409626/govt-wants-sc-to-clear-air-on-4-3-or-3-2-verdict</link>
			<comments>https://tribune.com.pk/story/2409626/govt-wants-sc-to-clear-air-on-4-3-or-3-2-verdict#comments</comments>
			<pubDate>Mon, 03 Apr 23 03:55:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2409626</guid>
			<description>
				<![CDATA[AGP likely to submit statement to top court today to resolve controversy surrounding polls date order]]>
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				<![CDATA[The federal government wants the Supreme Court to resolve the controversy surrounding the 4-3 decision on the dismissal of suo motu case about the announcement of the date to hold elections for the provincial assemblies first.

It is learnt that Attorney General for Pakistan (AGP) Mansoor Awan would file a written statement in the top court on Monday (today), requesting it to clear the air on whether the verdict in the case was 4-3 or 3-2.

Two SC judges, Justice Syed Mansoor Ali Shah and Justice Jamal Khan Mandokhail, in their detailed order observed that the suo motu case in connection with the announcement of the elections date was dismissed by 4 to 3.

Later during the hearing, Justice Mandokhail noted that the order of the court in the case was not issued by Chief Justice of Pakistan Umar Ata Bandial.

The government wants that the issue be settled by judges, who were not part of the initial nine-member larger bench.

&ldquo;We think the six remaining judges in the SC should resolve the controversy as whether the suo motu case was dismissed by 4 to 3 or by 3 to 2 in the order wherein it was held that the president would announce the date of elections,&rdquo; said a government official.

The official wondered how the judges, who were part of nine-member larger bench, could resolve this controversy.

The government also wants to raise another issue in the written submission as whether or not a judicial order could be discarded through a circular issued by the SC&rsquo;s registrar.

However, one section of lawyers said&nbsp; three members of bench had passed their opinions on a two-judge order, wherein it was held that hearing of all cases under Article 184 (3) should be postponed until amendments to the SC Rules, 1980 about the discretionary power of the CJP to form special benches were introduced.

Similarly, the government would also repeat the question whether or not a judge who had recused himself from the bench could hear the same case again.

However, it is learnt that the government functionaries, including the AGP, would not boycott court proceedings.

The lawyers for political parties might express strong reservations before the three-judge bench led by the CJP.

Sources told The Express Tribune that CJP Bandial had consulted with the SC judges to cool down the temperature, which was being felt after some happenings within top court.

The sources added that the CJP had met some senior SC judges but the outcome of these parleys was unclear yet.

However, no full court meeting was held so far.

The sources said it was for the first time that senior judges were invited by the CJP for talks to end the differences, which were being discussed in the public.

A senior lawyer said there was a complete mistrust between the judges and that was why the chief justice should take some confidence-building measures first.

He added that otherwise, the question would continue to be raised on the legitimacy of judgments.

The senior lawyer said the CJP should dispel the impression that the benches were being formed on the basis of personal liking and disliking.

He added that a full court, instead of a larger bench, was the only solution to this crisis.

Former additional attorney general Tariq Mahmood Khokhar said not all judges accepted the &ldquo;absolutist&rdquo; ways of the CJP.

&ldquo;Adamancy has led to serious differences of opinion that have now culminated into a factious and fractious schism among brother judges,&rdquo; he observed.

He added that &ldquo;extraneous&rdquo; influences had made matters worse.

Khokhar said there was evidence of a fit of pique and the constitutional institution was mired in shambles.

&ldquo;Judges need to rise above the circumstances that they have created, overcome their sense of pique and attend to the constitutional trust they have sworn to protect, uphold and discharge,&rdquo; he added.

Khokhar said the CJP should promptly countenance a full court and all others should accept it with grace.

&ldquo;That should herald the beginning of the end of judicial discord,&rdquo; he concluded.

However, the Pakistan Bar Council (PBC) has disapproved any call for showing solidarity with any section of the SC.

PBC Executive Committee Chairman Hasan Raza Pasha said such a move would make the CJP controversial.]]>
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			<title>PTI reaches out to JI to ‘save judiciary’</title>
			<link>https://tribune.com.pk/story/2409517/pti-reaches-out-to-ji-to-save-judiciary</link>
			<comments>https://tribune.com.pk/story/2409517/pti-reaches-out-to-ji-to-save-judiciary#comments</comments>
			<pubDate>Sun, 02 Apr 23 05:07:45 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Punjab]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2409517</guid>
			<description>
				<![CDATA[Both parties agreed on decreasing the communication gap between them]]>
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				<![CDATA[Pakistan Tehreek e Insaf (PTI) Secretary General Asad Umar has met Jamaat e Islami chief Siraj ul Haq at the politico-religious party headquarter Mansoora Markaz in a bid to fuel the &ldquo;save the Judiciary&rdquo; movement.&nbsp;

PTI Senator Ejaz Ahmed Chaudhry was also accompanying the secretary general in the meeting.

The two parties exchanged thoughts on the country&rsquo;s political situation as they agreed on decreasing the communication gap between them.

They also converged on the point that the only way out of the current crises was Pakistan&rsquo;s consensual Constitution and democratic system.]]>
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			<title>Chief justice for a day</title>
			<link>https://tribune.com.pk/story/2409360/chief-justice-for-a-day</link>
			<comments>https://tribune.com.pk/story/2409360/chief-justice-for-a-day#comments</comments>
			<pubDate>Fri, 31 Mar 23 20:28:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[]]>
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			<category><![CDATA[Khyber Pakhtunkhwa]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2409360</guid>
			<description>
				<![CDATA[PHC’s Roohul Amin takes oath on Friday and retires the same day]]>
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				<![CDATA[Justice Roohul Amin Khan on Friday became the chief justice of Peshawar High Court (PHC) for one day as he took oath on Friday as acting chief justice and surprisingly retired the same day.

In this connection, a full court reference was held in his honour in which Senior Judge Justice Musarrat Hilali, advocate general, additional attorney general, bar presidents and senior lawyers participated.

Addressing the full court reference, Roohul Amin Khan said as a judge, he tried his best to deliver justice.

&ldquo;I am grateful to the lawyers who showed me respect during my service,&rdquo; he said, adding that the role of lawyers in the restoration of the judiciary was prominent and that a strong judiciary requires a strong bar. Equipping the judiciary with modern facilities was the need of the hour, he stressed.

&ldquo;I have tried to provide basic facilities to the prisoners, including virtual courts,&rdquo; he noted, adding that he had provided biometric and other basic facilities for inmates in different jails.

The prisoners were connected to the courts through video link, he added.

The acting chief justice said the law was a vast discipline and emphasised that legal education was very important in this connection.

Published in The Express Tribune, April 1st, 2023.]]>
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			<title>PM orders withdrawal of 'baseless' curative review against Justice Isa</title>
			<link>https://tribune.com.pk/story/2408951/pm-orders-withdrawal-of-baseless-curative-review-against-justice-isa</link>
			<comments>https://tribune.com.pk/story/2408951/pm-orders-withdrawal-of-baseless-curative-review-against-justice-isa#comments</comments>
			<pubDate>Thu, 30 Mar 23 08:00:16 +0500</pubDate>
			<dc:creator>
				<![CDATA[Rizwan Shehzad  ]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2408951</guid>
			<description>
				<![CDATA[Shehbaz says reference not only 'baseless' but 'filed on flimsy and political grounds']]>
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				<![CDATA[Prime Minister Shehbaz Sharif on Thursday ordered&nbsp;the withdrawal of&nbsp;the curative review reference against Supreme Court&#39;s senior-most judge Justice Qazi Faez Isa as the government has decided not to pursue the matter further.

The federal cabinet has already approved the decision.

&ldquo;The Prime Minister has directed Law Minister Senator Azam Nazir Tarar to withdraw the curative review reference against Justice Qazi Faiz Isa,&rdquo; read an official statement issued by the Prime Minister Office.&nbsp;



On my direction, the government has decided to withdraw the Curative Review Petition against senior most Judge of the Supreme Court, Justice Qazi Faez Isa. The Curative Review was based on ill-will &amp; meant to harass &amp; intimidate the honourable Judge at the behest of Imran Niazi.
&mdash; Shehbaz Sharif (@CMShehbaz) March 30, 2023



According to the statement, the premier said that Justice Isa and his family were harassed and defamed in the name of presidential reference.&nbsp;

&ldquo;This was not a reference, it was a revenge action by [ex-PM] Imran Niazi, a vindictive person, against a fair-minded judge who followed the path of the Constitution and the law,&rdquo; PM Shehbaz said while ordering to take back the case.

He&nbsp;furthered that filing of reference was &ldquo;a nefarious conspiracy to divide the independence of the Judiciary and divide it,&rdquo; saying the Pakistan Muslim League-Nawaz (PML-N) and allied parties had condemned the &ldquo;false reference&rdquo; even during the opposition period.

Read Govt hatching conspiracy to divide judiciary: Imran

&ldquo;Imran Niazi misused the constitutional office of President for this criminal act,&rdquo; Shehbaz said, adding that &ldquo;President Arif Alvi became an instrument in the attack on the Judiciary and an accomplice to a lie.&rdquo;

He maintained that&nbsp;the lawyers&#39; organisations, including the Pakistan Bar Council, had also opposed it, saying the government respects their opinion.&nbsp;

The Pakistan Tehreek-e-Insaf (PTI) -led federal government on May 23, 2019, had moved the Supreme Judicial Council (SJC) &ndash; the forum that can hold superior court judges accountable &ndash; against Justice Isa and Sindh High Court judge Justice K K Agha over non-disclosure of their families foreign assets in their wealth statements.

However, in June 2020, the top court had quashed the presidential reference filed against Justice Isa as well as the SJC proceedings that were started on the basis of the reference.

&ldquo;Reference No 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence thereof the proceedings pending in the SJC against the petitioner [Justice Isa] including the show-cause notice dated 17.07.2019 issued to him stand abated,&rdquo; had said a short order.

A 10-judge full court had issued the verdict after hearing for over six months a slew of petitions filed against the reference that claimed that Justice Isa had committed misconduct by not disclosing his family members&#39; properties in the UK in his wealth statement.

Interestingly, former premier Imran Khan had admitted in April 2022 that the filing of a presidential reference for the removal of Justice Isa was a mistake. He had conceded his &ldquo;mistake&rdquo; during a meeting with the Insaf Lawyers Forum (ILF) members.]]>
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			<title>Attorney general steps down</title>
			<link>https://tribune.com.pk/story/2407874/attorney-general-steps-down</link>
			<comments>https://tribune.com.pk/story/2407874/attorney-general-steps-down#comments</comments>
			<pubDate>Fri, 24 Mar 23 06:42:06 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2407874</guid>
			<description>
				<![CDATA[Appointed on the recommendation of a section of superior judiciary, sources revealed Elahi was asked to resign]]>
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				<![CDATA[The country&#39;s top law officer, Barrister Shehzad Ata Elahi, on Friday resigned from his position of attorney general for Pakistan (AGP).

Sources revealed to The Express Tribune that Elahi was asked to resign. However, there was no official confirmation regarding his resignation.

It was learnt that the federal government had appointed him as the AGP on the recommendation of one section of the superior judiciary.

Now, the government had given a message to the section of judges who had halted the appointment of Mansoor Usman Awan as the AGP. Earlier, the government had no choice but to appoint their recommended lawyer on the same post.

Elahi, who enjoyed a good reputation in the legal fraternity became a victim of the ongoing clash between the judiciary and the executive.

Regarding the new appointment, the sources revealed to The Express Tribune that the government was considering various options and the appointment would be made in view of the composition of benches in high-profile cases.

Now, the government was again considering the name of Awan for the same slot. However, one section within the government believed that if the composition of benches would not be fair, Irfan Qadir would be the best option to raise objections on the benches.

Elahi had a good reputation for his hard work, integrity, and understanding of legal issues. He was also a young corporate lawyer with experience in commercial, tax and banking laws, civil, commercial, corporate, constitutional litigation etc.

Elahi belonged to the famous law firm, Cornelius, Lane and Mufti.

Interestingly, Supreme Court&rsquo;s Justice Ijazul Ahsan also worked with the said firm before his elevation to the bench.

Hamid Khan and Salman Aslam Butt were senior members of that firm and former chief justice Jawad S Khawaja had also worked with it.]]>
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			<title>JCP approves six names for additional SHC judges</title>
			<link>https://tribune.com.pk/story/2406571/jcp-approves-six-names-for-additional-shc-judges</link>
			<comments>https://tribune.com.pk/story/2406571/jcp-approves-six-names-for-additional-shc-judges#comments</comments>
			<pubDate>Fri, 17 Mar 23 04:34:52 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category><category><![CDATA[Sindh]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2406571</guid>
			<description>
				<![CDATA[Names will now be sent to the Parliamentary Committee on Appointment of Judges for final approval]]>
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			<content:encoded>
				<![CDATA[The Judicial Commission of Pakistan (JCP) has approved the names of six nominees for appointment as additional judges to the Sindh High Court (SHC).

However, the Commission by a majority of 11 to two did not recommend the appointment of three nominees.

Only Justice Ijazul Ahsan endorsed the names of all nine nominees as forwarded by the SHC chief justice.

The JCP unanimously approved the nomination of female lawyer Sana Minhas as additional judge of the SHC.

The six nominees whose names have been approved by the JCP for SHC additional judges are Amjad Ali Bohio, Mohammad Abdul Rehman, Khadim Hussain Soomro, Arbab Ali Hakro, Jawad Akbar Sarwana and Sana Minhas.

Names of Tariq Shah, Rashid Mustafa Solangi and Saleem Akhtar Buriro have been dropped due to various reasons.

The names recommended by the JCP will now be sent to the Parliamentary Committee on Appointment of Judges for final approval.

Currently, 29 judges instead of 40 are posted at the SHC.]]>
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			<title>Reference filed against Justice Mazahar Naqvi in SJC</title>
			<link>https://tribune.com.pk/story/2402824/reference-filed-against-justice-mazahar-naqvi-in-sjc</link>
			<comments>https://tribune.com.pk/story/2402824/reference-filed-against-justice-mazahar-naqvi-in-sjc#comments</comments>
			<pubDate>Thu, 23 Feb 23 08:27:53 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2402824</guid>
			<description>
				<![CDATA[Supreme Court judge accused of 'misconduct' and 'amassing illegitimate assets']]>
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				<![CDATA[A judicial reference was filed against Supreme Court Justice Mazahar Ali Akbar Naqvi in the Supreme Judicial Council (SJC) on Thursday, accusing him of &quot;misconduct&quot; and &quot;amassing illegitimate assets&quot;.

The complaint against Justice Naqvi was filed by advocate Mian Dawood for allegedly violating the code of conduct for judges of the Supreme Court issued under Clause (8) of Article 209 of the Constitution.

In a tweet, Dawood said that the reference was filed in the SJC &quot;on the grounds of misconduct, creation of illegal assets, and amassing wealth through frontmen&quot;.

He added that a press conference would be held outside the Supreme Court in Islamabad regarding the contents of this reference.



ہم نے سپریم جوڈیشل کونسل میں جسٹس مظاہر نقوی کیخلاف مس کنڈکٹ، ناجائز اثاثے بنانے، فرنٹ مینوں کے زریعے دولت اکٹھی کرنے کی بنیاد پر جوڈیشل ریفرنس/شکایت دائر کر دی ہے۔ اس ریفرنس کے مندرجات پر ٹھیک 1 بجے سپریم کورٹ اسلام آباد کے باہر پریس کانفرنس بھی کی جائیگی۔ pic.twitter.com/8NYciBHkHr
&mdash; Mian Dawood (@miandawoodadv) February 23, 2023


According to the reference, the SC judge and his family members were found &quot;involved in following malpractices and misuse of power in a criminal-designed pattern during his service&quot;.

In the complaint, it is alleged that Justice Naqvi used his position &quot;to facilitate his sons and a daughter studying abroad and getting financial gains from Zahid Rafique&quot;.

The complaint further claims that the SC judge &quot;openly flaunts his relation with PTI and its leader Imran Khan&quot; and has &quot;influenced&quot; and &quot;manipulated&quot; legal cases, adding that &quot;cases are being fixed&quot; in his court.

Read Lawyers bodies to move SJC against SC judge

The reference further stated that he is &quot;guilty of misconduct and incapable of performing his duties per mandate of law&quot; and &quot;attracts Article 209 for his removal as judge of the Supreme Court&quot;.

The reference further stated that the judge &quot;grossly violated&quot; Article 3 and Article 5 of the code of conduct, failing to &quot;be above reproach and for this purpose to keep his conduct in all things official and private, free from impropriety&quot; and employing &quot;the influence of his position to gain undue advantage&quot;.

The reference requested an &quot;independent detailed inquiry&quot; against Justice Naqvi in accordance with Sub-clause (b) of Clause (5) of Article 209 of the constitution.

It further requested that &quot;upon verification of the above-mentioned facts,&quot; Justice Mazahar Ali Akbar Naqvi be removed from his office as the judge of the Supreme Court of Pakistan.

Earlier, top lawyers&rsquo; bodies including the Pakistan Bar Council (PBC) announced filing separate complaints of misconduct in the SJC against Justice Naqvi after audio leaks emerged purportedly featuring a conversation about the fixation of a case with former Punjab chief minister Pervaiz Elahi.

According to the chairman of the executive committee of the PBC, the council had demanded the Chief Justice to take action against the behind-the-scenes characters if the audio is fake or take action against those involved if it is true.]]>
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			<title>Audio leaks: SC judges not on same page</title>
			<link>https://tribune.com.pk/story/2402376/audio-leaks-sc-judges-not-on-same-page</link>
			<comments>https://tribune.com.pk/story/2402376/audio-leaks-sc-judges-not-on-same-page#comments</comments>
			<pubDate>Tue, 21 Feb 23 04:22:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2402376</guid>
			<description>
				<![CDATA[Since Justice Isa’s case, two ideological came appears in top court]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court (SC) is yet to form a unanimous opinion on the leaked audio which went viral on the social media regarding fixation of a case before a particular bench or judge.

Even though an informal full court meeting was held on Friday to discuss the situation that emerged after the audio leaks, it has been learned that the judges&rsquo; opinion is divided about the future course of action.

Since Justice Qazi Faez Isa&rsquo;s case, the top court judges are divided into two ideological camps. Details of the informal full court meeting suggest that the division may further deepen after the recent audio leaks.

It is also being witnessed that Justice Jamal Khan Mandokhail and Justice Athar Minallah are not part of the bench hearing criminal cases in the ongoing week. Both judges are hearing criminal cases along with Justice Sayyed Mazahar Ali Akbar Naqvi since the past one month. Justice Naqvi is still heading the bench, but the two other judges are not part of the bench this week.

Even Justice Mandokhail was included in the bench according to the final cause list. Despite his availability, he was not part of the bench. Now the bench number six comprises Justice Naqvi and Justice Shahid Waheed.

Senior lawyers believe that if the top court remains silent then the situation may further affect its working.

Apart from other issues, the two supposed camps are facing a brewing mistrust on the issue of judges&#39; appointments. However, legal experts connect the dots back to a number of events in recent years, especially the &lsquo;Justice Isa factor&rsquo;.

It is understood that Justice Isa&#39;s case has severely affected the working of the apex court. The proceedings in the case have negatively affected the relationship between SC judges, who expressed their differences through judicial orders, speeches and letters.

This is in many ways unprecedented as no such divisions were witnessed during the era of former chief justice Iftikhar Muhammad Chaudhry under whom no judge had ever dissented on any crucial issue.

Although some clashes between the top court&rsquo;s judges came to the fore during the ex-CJ Mian Saqib Nisar&#39;s tenure, the top judge handled the situation tactfully.

However, Justice Isa had raised serious questions over the manner in which public interest litigations were initiated by the human rights cell of the top court during former chief justice Nisar&rsquo;s tenure. He had also expressed serious concerns over the dissolution and reconstitution of a bench by the former CJP at the SC&rsquo;s Peshawar Registry on May 8, 2018.

After seven months, another judge, Justice Syed Mansoor Ali Shah, called into question the May 8 reconstitution of an apex court bench and called the decision &ldquo;unwarranted and unprecedented&rdquo;.

Prior to this, Nisar had taken up a constitutional petition challenging the appointment of Justice Isa as the chief justice of the Balochistan High Court (BHC). However, he later dismissed the petition after lawyers voiced their concerns.

Interestingly, incumbent CJ Umar Ata Bandial was a member of the bench which rejected the petition against Justice Isa&#39;s appointment.

SJC proceedings

In May 2019, another wave of the clash was triggered when Justice Isa raised questions about the conduct of the Supreme Judicial Council (SJC) led by ex-CJ Asif Saeed Khosa. Justice Isa later went on to accuse the SJC as biased against him.

Subsequently, he challenged the SJC proceedings against him in the apex court. Superior bars, too, joined him in contesting the SJC proceedings against him.

When the apex court took up the petitions against the SJC proceeding, the counsel for Justice Isa said that two judges, namely Justice Ijazul Ahsan and Justice Sardar Tariq Masood had a direct interest in the case against Justice Isa. He argued any judge who had a personal stake in the case, should not be attached to it.

However, the presiding judge, Justice Bandial was visibly upset at the counsel&#39;s request regarding the recusal of two judges. However, both judges decided to recuse themselves from the bench.

The matter was referred to ex-CJ Khosa for the constitution of the full court. A ten-member full court resumed the hearing of Justice Isa&#39;s case.

In June 2020, the majority of the judges referred Justice Isa&#39;s family&#39;s matter to the Federal Board of Revenue (FBR) for inquiry and a fresh report before the SJC within a specific period of time. Incumbent CJP Bandial had authored a detailed majority judgement wherein Justice Isa&#39;s family matter was referred to the tax department for inquiry. However, the lawyers had unanimously expressed serious concerns over his ruling.

In April 2021, a majority of the judges overturned CJ Bandial&#39;s ruling by accepting Justice Isa and other review petitions. It was witnessed that SC judges also exchanged harsh words during the hearing.

Even CJ Bandial in a minority judgment had held that Justice Isa should have explained his position before the SJC regarding his family properties.

A judgement given by the three judges of the apex court had also expressed serious concerns over Justice Munib Akhtar&rsquo;s view that the majority judgment in Justice Isa&#39;s case was not a binding future legal precedent.

Ex-CJP Gulzar and Justice Isa

The relationship among SC judges went on a low ebb during ex-CJ Gulzar Ahmed&#39;s tenure on account of their differences regarding the elevation of junior judges to the SC as well as the exclusion of senior judges from the benches hearing high-profile cases.

Gulzar had passed an unprecedented order that held that Justice Isa should not hear cases related to former prime minister Imran Khan. Interestingly, incumbent CJ Bandial was the signatory of that order.

Secondly, an unprecedented order was passed by then-acting CJ Bandial by annulling the suo motu proceeding initiated by a division bench led by Justice Isa regarding the protection of journalists.

Senior lawyers believe that both orders were unprecedented and uncalled for. The conflict among the senior judges widened after these orders.

During CJ Bandial&#39;s tenure, Justice Isa questioned the composition of benches to hear high-profile cases without his consultation. He also expressed serious concern over the summoning of the Judicial Commission of Pakistan (JCP) meeting in his absence as he was abroad on summer vacation.

On July 28, a majority of JCP members did not approve CJ&rsquo;s nominees for their elevation to the SC. Later, the top judge initiated dialogue with senior judges on the matter of elevation but the deadlock persisted.

Last year, senior puisne judge Justice Isa and Justice Sardar Tariq Masood had expressed dismay over CJ Umar Ata Bandial&rsquo;s speech at the new judicial year ceremony, saying he &ldquo;said much more&rdquo; than what he was supposed to say at the event.

However, it is being witnessed that both judges were not included in any special/larger bench hearing high-profile political cases since last February.

Former additional attorney general Tariq Mahmood Khokhar says that the causes and consequences of the reference against Justice Qazi Faez Isa had set a dangerous precedent. It should be no surprise that it has come back to haunt an institution and its disparate members. It was delusional to think that a stance against one would not affect the immunity of others.

Worryingly, there is already a talk of reciprocity of debts, he adds.]]>
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			<title>‘Audio clip’ judge lacks courage to quit: Maryam</title>
			<link>https://tribune.com.pk/story/2402079/audio-clip-judge-lacks-courage-to-quit-maryam</link>
			<comments>https://tribune.com.pk/story/2402079/audio-clip-judge-lacks-courage-to-quit-maryam#comments</comments>
			<pubDate>Sun, 19 Feb 23 13:32:16 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2402079</guid>
			<description>
				<![CDATA[PML-N leader blames PTI chief for ongoing financial crisis]]>
			</description>
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				<![CDATA[PML-N Senior Vice President Maryam Nawaz on Sunday maintained that the sitting Supreme Court judge, who was mentioned in the recent former Punjab chief minister Pervaiz Elahi&rsquo;s audio leak, lacked the moral courage to step down from his post even though many days had passed since the recording emerged.

Addressing an activists&rsquo; convention in Rawalpindi, the party&rsquo;s chief organiser said the judiciary should be rid of Lt Gen (retd) Faiz Hameed&rsquo;s &ldquo;minions&rdquo;, adding that these judges should be held accountable.

Raising questions over the conduct of former chief justice Saqib Nisar while referring to him as &ldquo;Baba Rehmta&rdquo;, Maryam stressed the need for having honest and impartial judges.

The convention was attended by PML-N stalwarts including Shahid Khaqan Abbasi, Interior Minister Rana Sanaullah, Federal Information Minister Marriyum Aurangzeb, Hanif Abbasi, Pervaiz Rasheed, Chaudhry Tanveer Khan, Senator Afnanullah, Malik Abrar and Javed Latif.



چیف آرگنائزر مسلم لیگ ن مریم نواز روالپنڈی میں ورکرز کنونشن سے خطاب کر رہی ہیں https://t.co/coSrz6Ontg
&mdash; PML(N) (@pmln_org) February 19, 2023


Maryam blamed PTI chairman and deposed premier Imran Khan for the ongoing economic crisis.

Calling Imran &ldquo;Inflation Khan&rdquo; and a person &ldquo;holed up inside a bunker&rdquo;, she added that her party was ready for elections.

&ldquo;We will simultaneously throw Imran and inflation out of the country,&rdquo; she claimed.

The PML-N leader further maintained that the PTI chief was looking for the shoulders of Lt Gen (retd) Faiz and the &lsquo;powerful circles&rsquo; to return to power.

She compared the tenure of her father, PML-N supremo Nawaz Sharif, with that of Imran.

Maryam recalled that after becoming the prime minister, Nawaz had started the Motorway project from Rawalpindi and also launched Metro Bus scheme in the garrison city.

Also read: Phone tapping aims to pressure judges, says Imran

She added that it was Nawaz, who had initiated the Murree Expressway project.

In comparison, she claimed that Imran, during his tenure as premier for nearly four years, remained idle at his Bani Gala residence, &ldquo;stealing watches from the Toshakhana (gift depository)&rdquo;.

The PML-N leader inquired where the PTI government had spent the billions of rupees it had obtained in loans, especially in Rawalpindi.

She added that the previous government had started the Ring Road project in Rawalpindi, but for its own ulterior motives.

She claimed that her father had always received the country on a downward slide.

She added that Nawaz had always managed to pull the country out of its crises but in return, he was sent abroad into exile.

Maintaining that Nawaz had always addressed the problems created by others, Maryam said her father would return to the country from London because he was a &ldquo;son of the soil&rdquo;.

Also read: Courts must &lsquo;wash off stain&rsquo; of Nawaz&rsquo;s ouster, says Maryam

She claimed that Imran had planted land mines for the country by signing an ill-advised agreement with the International Monetary Fund (IMF).

She added that her uncle, Prime Minister Shehbaz Sharif, was busy removing these land mines.

The PML-N leader further claimed that Imran was using the plaster on his leg -- the one he had received after suffering bullet injuries in an attack on his caravan in Wazirabad, -- as an excuse to evade the courts.

She also criticised the judiciary for &lsquo;being soft&#39; on Imran, pointing out that the judges had been stern with her father.

Maryam also told Imran that when the interior minister would make the decision to arrest him, nobody would be able to rescue him -- not even &ldquo;his SC judge&rdquo;.

Speaking on the occasion, the interior minister claimed the PML-N would bag both the seats in Rawalpindi that were previously won by Awami Muslim League chief Shiekh Rashid and his &ldquo;minion&rdquo;.

Sanaullah further said it was impossible to hold the elections in two provinces first and the rest of the country later.

He added that if this occurred, Imran would repeat his allegations of rigging as his real aim was to cause instability in the country.

Talking about the PTI&rsquo;s Jail Bharo Tehreek (court arrest drive), the minister said he would round up Imran and other party leaders first instead of going after the party activists.

Party stalwart and former premier, Shahid Khaqan Abbasi, in his speech said the elections for the National and provincial assemblies were inching closer and no doubt the ruling coalition was in power but everyone was aware under what circumstances it was compelled to take over that responsibility.

He added that whenever the elections were held in a fair and transparent manner, the PML-N had emerged victorious.]]>
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			<title>Phone tapping aims to pressure judges: Imran</title>
			<link>https://tribune.com.pk/story/2401918/phone-tapping-aims-to-pressure-judges-imran</link>
			<comments>https://tribune.com.pk/story/2401918/phone-tapping-aims-to-pressure-judges-imran#comments</comments>
			<pubDate>Sat, 18 Feb 23 18:18:39 +0500</pubDate>
			<dc:creator>
				<![CDATA[Imran Adnan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2401918</guid>
			<description>
				<![CDATA[PTI chairman says PML-N has history of assaulting judiciary]]>
			</description>
			<content:encoded>
				<![CDATA[Pakistan Tehreek-e-Insaf Chairman Imran Khan has said that the vile propaganda campaign against the judiciary, especially the judges, was shameful, claiming that the PML-N has a history of assaulting the judiciary and it started the bad practice of buying judges.

The former prime minister expressed these views while talking to columnists and senior writers on Saturday.

He claimed that efforts were being made to pressure the judges through illegal phone tapping and thus preventing them from playing their role in upholding the supremacy of the Constitution. &ldquo;The judiciary was the nation&rsquo;s only hope and hence they should make the Constitution and law supreme without taking any pressure,&rdquo; he added.

Also read:&nbsp;FIA probe into &lsquo;Elahi audio leaks&rsquo; ordered

He alleged that Chief Election Commissioner Sikandar Sultan Raja was supporting the Pakistan Democratic Movement (PDM) in violating the Constitution, adding that attempts were being made to frighten their allies through political victimisation and hence the incumbent rulers were promoting political dictatorship in the country.

&ldquo;We will stop this shameful series of lawlessness, violation of democratic values and economic destruction with the support of the nation,&rdquo; he added.

&ldquo;It is impossible to achieve stability in Pakistan without establishing the rule of law and economic stability cannot be achieved without political stability,&rdquo; he said, adding that the fundamental rights were being flouted to enslave the nation.

He reiterated that former army chief Gen (retd) Qamar Javed Bajwa admitted that he changed the government and the National Accountability Bureau (NAB) was under his influence; &ldquo;hence, he violated his oath&rdquo;.

&ldquo;Bajwa told me that since the US was not happy (with Pakistan), he made the statement, which contradicted the government&rsquo;s policy on the Russia-Ukraine conflict. We should have remained neutral on the issue of Ukraine,&rdquo; he added.

The PTI chief claimed that Bajwa also admitted that he recorded the phone calls, which was an illegal act; &ldquo;hence, the military should hold an inquiry into this&rdquo;.

Talking about the finance bill 2023, he commended President Arif Alvi for not signing the ordinance, warning that new taxes would unleash a new wage of inflation in the country.

Meanwhile, in his tweet, the PTI chairman condemned the terrorist attack on Karachi Police Office, castigating the coalition government for the recent wage of terrorism in the country.

He said that once again brave policemen were targeted.

He held the government responsible for the attack; &ldquo;the sudden spike in terrorism, especially amid urban centres, reflects a failure of intelligence and the state&rsquo;s lack of a clear proactive anti-terrorism policy&rdquo;.

Meanwhile, former Punjab chief minister Chaudhry Pervaiz Elahi called on the PTI chief at his Zaman Park residence, sources disclosed.

Both the leaders condemned the PML-N&rsquo;s anti-judiciary drive.

Also read:&nbsp;&#39;Remnants of Faiz&rsquo; still present in establishment, backing Imran: Maryam

During the meeting, both the leaders discussed the country&rsquo;s prevailing political situation and the &lsquo;Jail Bharo&rsquo; movement.

The PTI chairman told Elahi that the PML-N&rsquo;s top brass was continuously attacking the judiciary in their speeches, adding that instead of following the Lahore High Court orders, they only focused on &ldquo;political victimisation&rdquo; against the PTI leaders and workers.

While announcing his support for the movement, the PML-Q leader castigated the coalition government for not announcing a date for the elections (in Punjab and Khyber-Pakhtunkhwa) and not following the LHC orders.

He said that the incumbent rulers were afraid of Imran&rsquo;s popularity, adding that they were damaging the sanctity of the Constitution. &ldquo;Imran is the only hope for the masses, which is being crushed by soaring inflation,&rdquo; he added.

Later, the All Muslim League chief and former federal interior minister Sheikh Rashid also held a meeting with the PTI chairman and deliberated on the prevailing political situation.

While talking to the media outside the PTI chief&rsquo;s residence, Rashid said that whoever delays elections beyond 90 days would be a traitor. &ldquo;Article 6 will apply and hence immediate elections should be held in the country.&rdquo;

Also read:&nbsp;SCBA president terms &lsquo;new audio leaks involving Elahi, SC&rsquo; doctored

He averred that PML-N Senior Vice President Maryam Nawaz was like a daughter to him and thus it would be inappropriate to comment on her.

However, he did say that Maryam claimed that this was not her government; then she should tell the nation whose government it was.

&ldquo;Maryam should tell the nation who is running the government and how it came to power,&rdquo; he added.

He averred that Imran Khan was the voice of the nation and the people had to stand with him.

On a lighter note, he told the media that Imran gave him a cigar box as a gift after his release from jail. &ldquo;Probably, he gave a cigar box to someone for the first time in his life,&rdquo; he added.]]>
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			<title>PHC CJ opens new judicial complex</title>
			<link>https://tribune.com.pk/story/2397464/phc-cj-opens-new-judicial-complex</link>
			<comments>https://tribune.com.pk/story/2397464/phc-cj-opens-new-judicial-complex#comments</comments>
			<pubDate>Tue, 24 Jan 23 09:01:14 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Khyber Pakhtunkhwa]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2397464</guid>
			<description>
				<![CDATA[Says judicial institutions are known as 'symbols of justice']]>
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				<![CDATA[Chief Justice Peshawar High Court (PHC) Justice Qaiser Rashid on Monday formally inaugurated the newly constructed Justice Waqar Ahmed Seth Judicial Complex Dera.

Speaking on the occasion, the chief justice said that the construction of a judicial complex in Dera Ismail Khan was a good initiative which would help provide facilities for people regarding legal matters under one roof.

He said that the judicial institutions were known as symbols of justice.

He further said that this magnificent building of the judicial complex had been built and now every possible measure would be taken to resolve the problems of the lawyers, judges and the public.

The ceremony was attended by senior judges, the lawyers&rsquo; community and other senior government officials.

Justice Qaiser Rashid also inaugurated the Khyber Pakhtunkhwa service tribunal camp court, which was a long-standing demand of the people.

It was opened at an old family court building near the sessions judge court building and now the government employees would have all facilities in the camp court to pursue cases pertaining to service matters instead of travelling to Peshawar in this regard.]]>
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			<title>SC shut off route to martial law: ex-CJP</title>
			<link>https://tribune.com.pk/story/2396932/sc-shut-off-route-to-martial-law-ex-cjp</link>
			<comments>https://tribune.com.pk/story/2396932/sc-shut-off-route-to-martial-law-ex-cjp#comments</comments>
			<pubDate>Fri, 20 Jan 23 04:09:41 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category><category><![CDATA[Islamabad]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2396932</guid>
			<description>
				<![CDATA[Hamid Khan expresses grief over declining graph of judiciary]]>
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				<![CDATA[&nbsp;

Former chief justice Iftikhar Muhammad Chaudhry on Thursday said that the Supreme Court (SC) closed the way of martial law forever through its decisions.
Addressing the launch ceremony of Hamid Khan&rsquo;s book &lsquo;Comparative Constitutional Review&rsquo;, he said that General (retd) Pervez Musharraf&#39;s trial was held and a sentence was handed to him.

Chaudhry said that it is not easy to write a book on a dry and difficult subject like the constitution.

Judiciary has always been subject to the constitution and has implemented it, but Khan blamed the judiciary for the lack of rule of law in his book, he added.
The judiciary in Pakistan has thrown out all non-judicial motives, and it had determined that it would not approve of a dictator to run the country, he further said.

Khan&rsquo;s book should be read not only by students but also by judges to understand the constitution, he declared.

The former CJP said that the apex court has declared that the right to a fair trial is the most important part of our constitution.

Fair trial was mentioned in Justice Qazi Faez Isa&#39;s case, he pointed out, adding that top court&rsquo;s decisions of July 20 and July 31, 2009, are very important.

&ldquo;These two decisions are historic,&rdquo; he remarked.

&ldquo;The Supreme Court closed the way for unconstitutional decisions through the decision of the Sindh High Court Bar Case,&rdquo; he added.

He highlighted that the judiciary decided that no judge would justify an unconstitutional act. At the time of passing the 18th Amendment, the parliament incorporated the contents of the SC decision into the constitution, he added.

The apex court, through its decision, buried the theory of necessity forever, resulting in the trial and then conviction of former military ruler Musharraf, he said.

Chaudhary said that Khan has compared the laws of Pakistan, America, Germany and Britain.

More than 500 pages of this book cannot be reviewed immediately, he said, adding that it is estimated that Rana Waqar and Khan worked very hard in writing this book.

Khan always played his role in the rule of law and constitution in the country, he said.

He lauded Muneer Malik, Aitzaz Ahsan and Khan for fighting for the rule of law in the country.

Khan is a symbol of the independence of the judiciary, he said, adding that no country can develop without the rule of law.

The former top judge said that various courts and laws have been reviewed in the book.

Supreme Court Bar Association (SCBA) President Abid Zuberi said that this book was the need of the hour, and everyone should read it.

&ldquo;Hamid Khan himself is a library, we take guidance from him. If great lawyers write books, they should be advertised so that they are read,&rdquo; he declared. &ldquo;This book should also be a part of the curriculum.&rdquo;

He said that the culture of research is disappearing in Pakistan as compared to other countries.

&ldquo;I wish that we all read this book and take advantage of it,&rdquo; he said.

Khan said during the ceremony that it is a bitter truth that what happened after Iftikhar Chaudhry is not worth it.

&ldquo;I am writing the second edition on the history of judiciary,&rdquo; he said.

&ldquo;Unfortunately, even after the verdict of the Sindh High Court, the graph of the judiciary fell,&rdquo; he added.

&ldquo;The bench of Justice Jawad Khawaja asked the government to file a case against Pervez Musharraf. Later, the judges changed their behavior and prolonged the case. In 2019, the Supreme Court again instructed Pervez Musharraf to decide the case. Pervez Musharraf sat outside and filed the case in the Lahore High Court, on which, the bench created a new legal innovation and abolished the special court,&rdquo; he further said.

The lawyer said that their petition against Musharraf has not been heard yet.
Perhaps the petition against Musharraf is being waited for to become ineffective, he added.

Judges used to make decisions, but now they sit on cases, he further said.
After the retirement of Chaudhry, instead of growing, the judiciary has gone into reverse gear, he highlighted.

However, Khan said that there is still hope from the judiciary.

&ldquo;Up until the time of Nasirul Mulk, appointments to the Supreme Court were made on the basis of seniority,&rdquo; he said. &ldquo;The appointment of junior judges in the Supreme Court has jammed the system of high court judges.&rdquo;]]>
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			<title>Mediocrity mars outgoing judicial year</title>
			<link>https://tribune.com.pk/story/2393685/mediocrity-mars-outgoing-judicial-year</link>
			<comments>https://tribune.com.pk/story/2393685/mediocrity-mars-outgoing-judicial-year#comments</comments>
			<pubDate>Sun, 01 Jan 23 08:13:30 +0500</pubDate>
			<dc:creator>
				<![CDATA[Qaiser Shirazi]]>
			</dc:creator>
			<category><![CDATA[Punjab]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2393685</guid>
			<description>
				<![CDATA[Rising caseload, incessant strikes and dearth of judges impeded justice delivery]]>
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				<![CDATA[Almost akin to the superior judiciary, the sessions, civil, family, and magistrate courts of the district attracted a great deal of attention by actively calling the shots throughout 2022 in disputes of political, criminal and civil nature.

However, the rising backlog of cases, incessant strikes and dearth of judges impeded the delivery of justice across the district.

A bird&#39;s eye view of the judicial calendar reveals that the courts sentenced 26 criminals to death, around 12 to life imprisonment and slapped some 210 criminals with punishments ranging from one month to 14 years.&nbsp;

These verdicts were pronounced in cases involving murder, robbery, gang rape, kidnapping, and sexual assault. The subordinate courts imposed total fines to the tune of over Rs38 million besides acquitting 361 accused.&nbsp;

Some of the high-profile cases that kept the district judiciary in the limelight included the case arising from the brutual murder of a US citizen named Wjiha Swati over a dispute involving billions of rupees the cold-blooded murder of a woman and her 1.5 year old child with a sharp object for not giving in after rape, and the killing of a 13 year old girl after the failure of a raping bid.

Other than these heartwrenching cases, the lower judiciary left no stone unturned in imitating the superior one by pronouncing bold verdicts in cases of political nature.

Around 22 political activists - some of the well-known of whom included Captain (retd) Muhamad Safdar, PML-N stalwart Hanif Abbasi, Sardar Naseem, Malik Abrar, Maqbool Ahmed Khan - were acquitted in riot and&nbsp;vandalism cases by the courts.

Currently, in Rawalpindi&#39;s subordinate courts, around 200,000 cases are being heard.

There are at least 80 sessions, civil, family and magistrate judges, working in the district of Rawalpindi.

Other than this, the law and order landscape painted a gloomy picture throughout the year with a total of 81 cases of rape of minors and 101 cases of forced rape of female students reported in 33 police stations of Rawalpindi during the period of January 1 to December 25, 2022.

In cases of rape involving 31 women and 17 children, out-of-court settlements were struck which reflected the notoriously inefficient and crumbling justice system of the country.

Moreover, the subordinate judiciary of all the 36 districts of Punjab province faces a backlog of 1.4 million cases, which is the highest in the history of the province.]]>
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			<title>Police, judiciary top most corrupt in Pakistan: survey</title>
			<link>https://tribune.com.pk/story/2390359/police-judiciary-top-most-corrupt-in-pakistan-survey</link>
			<comments>https://tribune.com.pk/story/2390359/police-judiciary-top-most-corrupt-in-pakistan-survey#comments</comments>
			<pubDate>Fri, 09 Dec 22 19:54:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2390359</guid>
			<description>
				<![CDATA[Majority considers role of anti-graft institutions, including NAB, as 'ineffective' in curbing corruption]]>
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				<![CDATA[Police was found to be on the top rung of the corruption ladder in Pakistan, Transparency International Pakistan&rsquo;s (TIP) National Corruption Perception Survey (NCPS) said on Friday.

Meanwhile, tendering and contracting ranked second most corrupt, the judiciary was found to be third most corrupt and education climbed to the fourth position in terms of graft.

The NCPS 2022 survey showed no confidence in anti-corruption entities including National Accountability Bureau (NAB). It noted that at the national level, the majority of people considered anti-corruption institutions&rsquo; role as &quot;ineffective&quot; in curbing corruption in Pakistan.

In Sindh, the education sector was declared the most corrupt, followed by the police and tendering and contracting. Meanwhile, in Punjab, the police was found to be the most corrupt sector, tendering and contracting was seen as the second most corrupt, while the judiciary was the third most corrupt.

Read more:&nbsp;President, PM vow to eliminate corruption in all its forms

Similarly, judiciary topped the list in Khyber Pakhtunkhwa (K-P), tendering and contracting and police ranked second and third respectively.

In Balochistan, tendering and contracting remained the most corrupt sector, police was seen as the second most corrupt, while judiciary was the third most corrupt.

Citizens also lamented that they had to grease the palms of concerned people before getting access to public services, including contracts of roads (40 per cent), uninterrupted electricity (28 per cent) and clean drinking water (17 per cent).

Causes of corruption

The survey identified delayed decisions in corruption cases (31 per cent), use of state institutions by governments for their personal gain (26 per cent) and incompetence of the government (19 per cent) as the three most important causes of corruption

In Sindh (43 per cent) and Punjab (29 per cent) citizens consider the &ldquo;use of state institutions by governments for their personal gain&rdquo; as the primary reason for corruption in Pakistan. While people in K-P (43 per cent) and Balochistan (32 per cent) consider &ldquo;delay in decisions of corruption cases&rdquo; as the main reason for corruption in Pakistan.

Transparency in flood funds

The survey also pointed out the need for transparency and accountability in the utilisation of funds and response to recent floods. At the national level, about 62 per cent of Pakistanis considered the role of local NGOs as effective and better during devastating floods.

However, 70 per cent of Pakistanis believed that the funds were not distributed transparently during the recent floods in Pakistan and 60 per cent of Pakistanis believe that the donations and relief operations of the NGOs working in flood relief activities should be more transparent.

The report further said that the majority of Pakistanis (64 per cent) say that Pakistan has not benefited from the IMF agreement dated 12th May 2019.

At the national level, 54 per cent of citizens believe that the news channels&rsquo; reporting was biased.]]>
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			<title>Legal fraternity’s strike enters third day</title>
			<link>https://tribune.com.pk/story/2389874/legal-fraternitys-strike-enters-third-day</link>
			<comments>https://tribune.com.pk/story/2389874/legal-fraternitys-strike-enters-third-day#comments</comments>
			<pubDate>Wed, 07 Dec 22 07:30:28 +0500</pubDate>
			<dc:creator>
				<![CDATA[Our Correspondent]]>
			</dc:creator>
			<category><![CDATA[Punjab]]></category><category><![CDATA[Lahore]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2389874</guid>
			<description>
				<![CDATA[However, lawyers also appeared before courts in some emergent cases]]>
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				<![CDATA[The legal fraternity observed a strike for the third consecutive day boycotting the court proceedings in protest against the three months imprisonment awarded by the Lahore High Court&rsquo;s most senior judge to a lawyer member Punjab Bar Council over wearing a gown in the courtroom.

All routes leading to the courtroom of senior Puisne Judge Justice Malik Shahzad Ahmad Khan were cordoned off by the police contingents to avoid any untoward incident. However, the lawyers also appeared before courts in some emergent cases.

It is worth mentioning that the matter surfaced a few days before when advocate Rana Asif (member Punjab Bar Council) standing in Justice Malik Shahzad&rsquo;s court started wearing his gown.]]>
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			<title>Superior judiciary: Adjudicating amid polarisation</title>
			<link>https://tribune.com.pk/story/2380034/superior-judiciary-adjudicating-amid-polarisation</link>
			<comments>https://tribune.com.pk/story/2380034/superior-judiciary-adjudicating-amid-polarisation#comments</comments>
			<pubDate>Tue, 04 Oct 22 04:05:45 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2380034</guid>
			<description>
				<![CDATA[Senior lawyers believe judiciary should show restraint, protect parliamentary supremacy]]>
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				<![CDATA[&nbsp;

The superior judiciary has found itself navigating through the enormous challenges of adjudicating cases of political nature in a polity that&#39;s being increasingly gobbled up by unsparing political polarisation.

Supposed to examine cases objectively and deliver a last word on disputes, the judiciary has been at the receiving end of murky logics of the realpolitik and power struggle.

No political party, however otherwise loquacious about supremacy of law, seems to be comfortable with verdicts that &#39;favour&#39; their archrivals.

After the restoration of judges since March 2009, the superior courts have played a pivotal role in shaping the national politics by adjudicating disputes that came with political consequences.

However, the courts are dragged into the political thicket by politicians and subjected to vehement criticism if a relief is given to a rival. More often than not, they are loath to accept the verdicts with grace and play by Queensberry rules.

Recently, when the Islamabad High Court (IHC) set aside conviction of Maryam Nawaz in Avenfield, the PTI strongly criticised the judgment and termed it a &quot;failure of justice&quot;.

Conversely, when the same court discharged contempt notice against Imran Khan, PML-N supporters lashed out at the high court.

It is learnt that the IHC has granted protective and interim bail to more than one thousand individuals on holidays or after court timings during the tenure of IHC Chief Justice Athar Minallah.

In October 2019, when the IHC granted bail to PML-N supremo Nawaz Sharif on medical grounds, the PTI seized on it to criticise the high court for handing out a relief on a Saturday as usually superior courts judges do not sit on Saturdays.

Similarly, when the IHC granted protective bail to Imran Khan on last Sunday, similar criticism was heard echoing from PML-N&#39;s side and its allies, pointing out that the relief was given on a holiday.

Now, the IHC is facing criticism for not convicting Imran Khan by following jurisprudence evolved in contempt cases against Nehal Hashmi, Talal Chaudhry and Daniyal Aziz.

Lawyers, however, appreciate the high court for avoiding to follow the precedents.

Interestingly, intense polarisation has also seemingly divided the media into &quot;pro-PTI&quot; and &quot;pro-PML-N&quot; camps.

&#39;Courts should be consistent&#39;

Senior lawyers believe that irrespective of the party, the courts should be consistent in giving relief in matters related to civil liberties.

The courts, the stress, should always strengthen the parliamentary supremacy by showing restraint in the adjudication political disputes.

Similarly, political leaders should also show maturity by not approaching the courts for political gains.

On the other hand, the challenges for the Supreme Court are different as it is facing the battle of perception.

During tenure of ex-CJP Iftikhar Muhammad Chaudhry, PPP was accusing the judiciary of weakening it&#39;s regime by interfering in matters which had political consequences.

Likewise, ex-CJP Mian Saqib Nisar was accused of giving tough time to PML-N.

Currently, the Supreme Court is divided on idealogical lines as PTI is comfortable before one section judges and some judges are in the good books of the PML-N and it&#39;s supporters.

A similar scenario was witnessed during deputy speaker Punjab Assembly ruling case wherein PML-N and it&#39;s allies parties had boycotted the SC proceedings on account of SC refusal to form full court to hear the matter.

However, it is witnessed that whenever SC passes the order in favour of one political party, rivals start campaign against judges.

The severity of the matter was also highlighted by IHC CJ Athar Minallah who in his address at 9th International Judicial Conference said that today, speaking plainly, we are a very polarised
polity.

&quot;This places a special burden on the judiciary, which is the ultimate arbiter of the law and the Constitution in disputes between citizens, or between the citizens and the state, or amongst state institutions,&quot; he said.

&quot;We must conduct ourselves in a manner that does not bring our moral legitimacy, sociological legitimacy or legal legitimacy into question, as we are the ultimate dispute-resolution mechanism in the state.&quot;

&quot;We cannot refuse to adjudicate legal aspects of the disputes that produce political consequences. These are the cases wherein the legal analysis is not difficult, but the political consequences of correct judicial decisions can be far-reaching,&quot; he stressed.

The courts around the world tend to get influenced by the consideration of political consequences their decisions will produce. We must remind ourselves that political consequences of judicial decisions are an extraneous consideration that we have sworn in our oaths not to bear in mind, he added.]]>
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			<title>Judicial moot aimed at helping flood victims</title>
			<link>https://tribune.com.pk/story/2378516/judicial-moot-aimed-at-helping-flood-victims</link>
			<comments>https://tribune.com.pk/story/2378516/judicial-moot-aimed-at-helping-flood-victims#comments</comments>
			<pubDate>Sun, 25 Sep 22 04:54:18 +0500</pubDate>
			<dc:creator>
				<![CDATA[APP]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2378516</guid>
			<description>
				<![CDATA[Impact of climate change greatly emphasised, along with environmental reforms required to address these issues]]>
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				<![CDATA[The judicial conference on Saturday aimed to raise funds for the lives affected by the calamitous floods of 2022 and the impact of climate change was greatly emphasised, along with environmental reforms required to address these issues.

In honour of the 75th year of Pakistan&#39;s independence, the theme of the conference centered on past issues, and how the various organs of the state, and other stakeholders, must proceed to ensure a better future.

Both days of the conference were widely attended by members of the superior judiciary and district judges, foreign ambassadors and dignitaries, renowned academics, and members of the legal community from across the nation.]]>
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			<title>Judge loath to play umpire in political battles</title>
			<link>https://tribune.com.pk/story/2378339/judge-loath-to-play-umpire-in-political-battles</link>
			<comments>https://tribune.com.pk/story/2378339/judge-loath-to-play-umpire-in-political-battles#comments</comments>
			<pubDate>Sat, 24 Sep 22 04:36:40 +0500</pubDate>
			<dc:creator>
				<![CDATA[Hasnaat Malik]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=2378339</guid>
			<description>
				<![CDATA[Emphasises progress only possible if all political parties follow established democratic practices]]>
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				<![CDATA[Chief Justice of Pakistan (CJP) Umar Ata Bandial has observed that the judiciary has no role to break a political deadlock.

He emphasised that regardless of the efforts of the court to strengthen democracy in the country, progress can only be made if all political parties come together to follow the established democratic practices and perform their respective roles in parliament as specified under the constitution.

Addressing the first session of the 9th International Judicial Conference held at the Supreme Court premises, the CJP said a purely political impasse does not have legal solutions. It can only be resolved through dialogue between the political leaders and their parties.

The judiciary has no role to break a political deadlock, he noted and said that as with other citizens, the judiciary sincerely hoped that the political leadership of the country shall take necessary corrective action and confidence-building measures with public and national interest as their foremost consideration.

CJP Bandial also said that it is a shared belief in the judicial community that if we are to truly progress as a nation, which is fully committed to the ideals and aspirations of the constitution and the rule of law, then all the stakeholders in the justice sector need to rise to the challenge.

&quot;The judiciary cannot pursue these ideals singlehandedly. The other organs of the state, namely, the legislature and the executive must also adhere to constitutional principles and ensure that their actions advance, rather than negate, the ideals and aspirations of the Constitution.&quot;

&quot;Additionally, the executive must also be diligent in implementing the decisions of the court, especially in matters of constitutional importance, without undue delay to truly anchor the Rule of Law in the country,&rdquo; he added.

The CJP explained that the court has the power to declare the rights guaranteed to the people by the Constitution and the law but it cannot implement the same, except in limited circumstances.

Therefore, he continued, it is the executive which must take charge in this field and ensure that the words of the court are translated into practical action for the people.

&ldquo;The bar is also expected to join hands in delivering justice where it is most lacking by making the courts or other fora of dispute resolution accessible to people who cannot access these due to reasons of poverty, marginalisation and illiteracy,&rdquo; CJP Bandial observed.

Read&nbsp;Ex-FBR chief&#39;s leave cancelled for Justice Isa case

He deplored the culture of &ldquo;filing frivolous cases&rdquo;, saying it must also be curtailed so that genuine grievances of the people are addressed.

&ldquo;Where the filing of such cases is observed, costs should be imposed on litigants to ensure an efficient and effective functioning of the court system&quot;, he added. The CJP also said that at present our criminal legal system has a low conviction rate due to poor investigations and a heightened focus on procedural technicalities.

&quot;Therefore, to bring a balance between the rights of the accused and the victim it is the court&rsquo;s duty to re-examine the principles of criminal law and recommend changes where necessary to ensure a society free of crime and disorder.

The CJP also pointed out that unfortunately, the court&rsquo;s effort in cases of mismanaged state assets was less productive for a lack of judicial expertise as well as legal content in that field.

&ldquo;Having learnt from experience, the court now exercises judicial restraint in matters involving economic decisions unless there is a violation of the relevant regulatory laws that leads to wastage of public assets causing a loss to the public exchequer and consequently the people.&rdquo;

In this regard, the court&rsquo;s notice in Suo Motu Action Regarding Maintaining of Foreign Currency Accounts (PLD 2018 SC 686) made the government aware of the lacunas in the laws which allowed the unregulated outflow of foreign exchange from Pakistan thereby encouraging the government to make appropriate amendments.

Read more&nbsp;Courts &#39;must uphold free speech&#39;

These were indeed introduced in the Income Tax Ordinance, 2001 in the Tax Year 2018.

&lsquo;Judiciary cannot afford polarisation&rsquo;

Meanwhile, Islamabad High Court Chief Justice Athar Minallah in his address said that the judiciary could not afford to be polarized, as we have no ideology or loyalty other than to the law and the Constitution.

&quot;We can disagree with one another and such disagreements form the part of the judgment we render and the dissents that come along with the judgments. Such disagreement must always be rooted in our understanding of the law and not personal likes and dislikes. We have sworn an oath to shun personal likes and dislikes in the discharge of our duties. And in this regard, I, as the chief justice of Islamabad High Court, am grateful for the collegiality that we have in our small court.&quot;

&lsquo;History&rsquo;s judgement&rsquo;

Justice Minallah also stressed that as an institution we cannot be oblivious to the fact that history&rsquo;s judgment of our performance thus far might not be flattering.

&quot;We have contrived concepts such as &lsquo;holding the Constitution in abeyance&rsquo; and justified the &lsquo;doctrine of necessity&rsquo;. We authored cases such as Dosso, Nusrat Bhutto, Zafar Ali Shah and Tikka Iqbal Muhammad Khan, while having sworn to protect and defend the Constitution.

&quot;We, as an institution, sided with usurpers that were all-powerful. And decided against them only mostly when they had fallen out of favour or had walked into the sunset. We sent an elected prime minster to the gallows and it is ironic that we don&#39;t accept the judgment as a precedent.&rdquo;

&quot;The disqualifications of chosen representatives under Article 62(1)(f) of the Constitution has raised questions. Such a high standard of scrutiny has never been applied in case of unelected usurpers and other public office holders&quot;, the IHC CJ said.

&quot;Today, speaking plainly, we are a very polarized polity. This places a special burden on the judiciary, which is the ultimate arbiter of the law and the Constitution in disputes between citizens, or between the citizens and the state, or amongst state institutions. We must conduct ourselves in a manner that does not bring our moral legitimacy, sociological legitimacy or legal legitimacy into question, as we are the ultimate dispute-resolution mechanism in the state.&rdquo;

He said that the judiciary cannot refuse to adjudicate legal aspects of disputes that produce political consequences.

Read also&nbsp;Senior SC judges &#39;dismayed&#39; over CJP&#39;s speech

&nbsp;&quot;These are the cases wherein the legal analysis is not difficult, but the political consequences of correct judicial decisions can be far-reaching. The courts around the world tend to get influenced by the consideration of political consequences their decisions will produce. We must remind ourselves that political consequences of judicial decisions are an extraneous consideration that we have sworn in our oaths not to bear in mind,&rdquo; he said.

&quot;There is no shame in admitting that we are an unelected and unrepresentative institution. This is so by design. It is to ensure that our interpretation of the law and the Constitution is not influenced by the transient emotion of the day. Irrespective of who we decide for and who we decided against, in a case that produces political consequences a large section of the society will be critical of us. This is the burden that comes with the work we do.&rdquo;

&quot;We cannot shun this burden. But what we can be confident of is that if we abide by our oaths and exhibit fidelity to the law and the Constitution, the reasoning of our judgments will sustain our moral, sociological and legal legitimacy as an institution in the medium to long-term&quot;, the IHC CJ concluded.]]>
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			<title>CJ hails launching of Federal Law Journal</title>
			<link>https://tribune.com.pk/story/2376183/cj-hails-launching-of-federal-law-journal</link>
			<comments>https://tribune.com.pk/story/2376183/cj-hails-launching-of-federal-law-journal#comments</comments>
			<pubDate>Mon, 12 Sep 22 04:30:20 +0500</pubDate>
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				<![CDATA[Our Correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Says initiative will provide a platform for those associated with the justice sector to contribute to legal knowledge]]>
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				<![CDATA[Chief Justice of Pakistan Umar Ata Bandial has said that judicial education emerged as a specialised discipline across the globe for proper and expeditious discharge of judicial functions and it has a critical role in the grooming of judicial officers.

Addressing a ceremony in connection with the launching of the first research journal of the Federal Judicial Academy, the chief justice appreciated the efforts of the academy and the editorial board of the journal.

Chief Justice Bandial said that this initiative would provide a platform to the judicial officers as well as all the stakeholders associated with the justice sector to contribute to the legal knowledge.

&ldquo;There is a need to ameliorate the standard of legal education and promote research culture within judiciary and to encourage critical thinking and expression of ideas over different coexistent legal issues,&rdquo; Chief Justice Bandial told the ceremony.

On the occasion, the director research and publication presented an overview of the Federal Law Journal and briefed the participants about the content of prefatory issue.

Hayat Ali Shah, the director general of the academy, in his welcome address, gave an overview of the course. At the end of the ceremony, the chief justice awarded certificates to the trainee district and sessions judges and the law interns.]]>
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