Constitutional bench has busy first day

Petitioners fined Rs20,000 for frivolous motions

ISLAMABAD:

The Supreme Court's Constitutional Bench heard 18 cases on its first day, seeking reports on environmental pollution, dismissing the case on the appointment of Qazi Faez Isa as Balochistan chief justice, addressing the case on foreign marriages for members of parliament, rescheduling the February 8 election, and dismissing cases related to foreign assets/bank accounts with fines.

The court reissued a notice on a petition seeking the removal of former President Arif Alvi. A six-member constitutional bench, headed by Justice Aminuddin Khan and including Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Hasan Azhar Rizvi, Musarrat Hilali, and Naeem Akhtar Afghan, heard the cases.

The first case, which was 31 years old, addressed environmental pollution. The bench requested reports from the federal and provincial governments detailing actions taken to reduce pollution. Justice Jamal Mandokhail remarked that involving the provinces is essential for effective results, noting that pollution is among the country's leading issues requiring investigation and solutions.

Justice Naeem Akhtar Afghan expressed concerns about the proliferation of housing societies on agricultural lands, suggesting that a shift towards flat culture, rather than constructing large bungalows, might be beneficial.

Justice Aminuddin Khan emphasised the need for practical steps rather than mere paperwork. During the hearing of Qazi Faez Isa's appointment as Chief Justice of Balochistan, lawyer Riaz Hanif Rahi argued that no individual could be appointed CJ directly, and that the chief minister of Balochistan had not sent the appointment summary.

Justice Mandokhail stated that a review cannot reopen the original case, and warned the lawyer about submitting frivolous cases, suggesting the case could be referred to the bar council for action. The lawyer cited the Bhutto case, to which the court responded that particular reference was different with distinct facts.

Justice Musarrat Hilali advised against personal attacks, and urged leaving Qazi Faez Isa alone, noting the case seemed more political than legal.

The bench dismissed the review petition against former chief justice Qazi Faez Isa, and also disposed of petitions regarding amendments to the February 8 election schedule, foreign assets, and bank accounts. The petition to ban marriages between Pakistani government officials and foreign nationals was also dismissed, with a total fine of Rs60,000 on petitioners for initiating frivolous litigation.

A notice was reissued in the petition challenging Arif Alvi's appointment as president, as the earlier service of notice was unsuccessful. Justice Mandokhail suggested imposing fines on such petitions to discourage them.

The bench heard 18 cases, advancing proceedings on four while concluding 14. Dismissing the petition against foreign marriages, a Rs20,000 fine was imposed. Justice Muhammad Ali Mazhar remarked that if such petitions were allowed, others could seek to ban marriages altogether.

A petition against legislation during the PDM government was also dismissed with a Rs20,000 fine, and a similar fine was imposed in the case against foreign properties.

Justice Mandokhail noted that 60,000 cases are pending due to similar frivolous petitions. The bench also dismissed cases regarding narcotics and the appointment of Qazi Jan Muhammad, as they were no longer effective.