Pakistan High Courts updates

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PHC orders action in case of ‘discrimination’ against any political party ahead of polls​

Bureau Report
December 14, 2023

PESHAWAR: The Peshawar High Court on Wednesday declared that if district administrations in the province were found to be discriminating against any political party in the run-up to the forthcoming general elections, the Election Commission of Pakistan should report them to the provincial chief secretary for action.

It also directed the ECP to seek reports from its district officers daily about the conduct of district administrations towards political parties for ensure they all get a level playing field for taking part in the polls.

In the five-page detailed judgement on a Pakistan Tehreek-i-Insaf contempt petition, a bench consisting of Justice Ijaz Anwar and Justice Syed Mohammad Attique Shah also “reminded the ECP of its constitutional obligation of conducting free and fair elections and providing a level playing field and equal opportunity to all political parties, including the PTI, without any discrimination.”

The petition was disposed of on Dec 7 after KP chief secretary Nadeem Aslam Chaudhry and ECP officials told the court that all parties were being “treated equally and in accordance with the law.”

Asks ECP to get reports about conduct of district admins from its officers daily

“We find ourselves satisfied by the commitments so made by the worthy chief secretary, Khyber Pakhtunkhwa and expect that he will follow the constitutional mandate and the law, and shall provide a level playing field to all political parties as committed before this court,” the bench observed in the verdict.

The petition was jointly filed by PTI provincial president Ali Amin Gandapur and legal coordinator Mashal Azam, and Insaf Lawyers Forum provincial vice-president Malik Arshad Ahmad, requesting the court to initiate contempt proceedings against the provincial chief secretary, Mansehra deputy commissioner and its district police officer for “not permitting” the party to hold a workers convention despite the court’s Oct 26 orders.

“We, in our earlier judgement, too, reiterated the powers and functions of the Election Commission of Pakistan, the interim setup and the administration and reiterate again that it is the constitutional duty of the Election Commission of Pakistan to organise and conduct the elections and to make such arrangements as are necessary to ensure that the election is conducted honestly, justly, fairly and in accordance with law.”

“Similarly, the caretaker setup is also bound under the law to assist the Election commission of Pakistan to hold elections in accordance with law, not to attempt to influence the elections or do or cause to be done anything which may, in any manner, influence or adversely affect the free and fair elections.”

The bench declared that the PTI was the only party, which was repeatedly approaching the high court with petitions either questioning the orders passed under the West Pakistan Maintenance of Public Order Ordinance or FIRs registered against their workers and political leaders or complaining about the denial of a level playing field and hurdles created for its campaigns to engage voters and supporters.

Advocates Shah Faisal Uthmankhel, Ali Zaman and Mohammad Inam Yousafzai had represented the petitioners and contended that the petitioners had so far been dealt with discrimination by authorities, which didn’t allow them to start the election campaign.

Referring to FIRs registered against PTI leaders and workers, they insisted that all those party activists were charged on political grounds.

Advocate general Aamir Javed, however, denied the assertion and claimed the PTI had been freely holding the workers conventions in the province with one organised in Peshawar only a day ago.

He insisted that the petitioners didn’t follow standard operating procedures formulated by the government for political activities.

The chief secretary informed the bench that on the directions of the court, certain SOPs were formulated with the consultation of the district administrations and senior officers and that all political parties would be treated accordingly.

Also, counsel for the ECP Sajeed Sheharyar Swati and Mohsin Kamran Siddique and ECP director general (law) Mohammad Arshad insisted that the Election Commission intervened whenever it received complaints regarding discrimination.

They also referred to an ECP letter written to the caretaker prime minister’s principal secretary on Nov 22 to ensure a “level playing field and equal opportunity” for all political parties without discrimination to carry out election campaigns.

Published in Dawn, December 14th, 2023

 

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A larger bench of the Lahore High Court (LHC) on Friday issued notices to concerned authorities on two petitions by former premier Imran Khan challenging his five-year disqualification in the Toshakhana reference and the Election Commission of Pakistan (ECP) declaring PTI's intra-party polls as null and void.

The bench, headed by Justice Shahid Bilal Hassan, was also hearing a third petition by the party challenging the disqualification by the ECP in the Toshakhana reference for allegedly making false statements and submitting an incorrect declaration.

During the proceedings today, the bench observed the absence of ECP's counsel and remarked that it would not be appropriate to conduct the proceedings in his absence.

Justice Hassan also expressed his concern over the bench's jurisdiction, observing that the matter of ECP's order in the Toshakhana case is also being heard in the Islamabad High Court (IHC), and questioned how could the same matter be heard in two different courts.

Replying to the reservations raised by the bench, Imran's counsel Barrister Ali Zafar argued that they had filed a withdrawal application in the IHC but the court did not accept the motion.

Justice Hassan then replied that it will now be determined by the bench whether it can hear the plea or not. Zafar replied that petitions can be heard in two forums but it is the petitioner's discretion from where he decides to withdraw a plea.

However, the bench directed the counsel to argue how the bench could hear the same plea which is pending before IHC. and remarked that this bench will decide these pleas after hearing detailed arguments upon jurisdiction, maintainability and merits.

Zafar expressed urgency in deciding the matters put before the bench, arguing that on one side the Supreme Court had directed to conduct the general elections and on the other hand ECP is likely to announce its schedule.



"We do not want a delay in the decision of these petitions," he said adding that any delay can deprive a popular leader such as Imran the chance of contesting general elections.

PTI founding chairman Imran and PTI general secretary Omar Ayub Khan filed the plea challenging ECP’s order wherein it had directed PTI to hold intra-party elections within 20 days.

The petitioners requested the court to set aside ECP’s order it passed on October 23, 2023, declaring null and void the intra-party polls of PTI. They further prayed the court to declare valid PTI’s intra-party elections held on June 10, 2022.

The court was further prayed to not only suspend the operation of ECP’s order but also restrain ECP from passing any further adverse order till the disposal of this petition.

Imran had also challenged in LHC the ECP’s notification of disqualifying him over not declaring Toshakhana gifts in the statement of assets and liabilities.

He highlighted that section 232 of the Elections Act 2017 was amended vide elections (amendment Act 2023 leaving no jurisdiction with the commission to decide the question of qualification or disqualification at all of a member based on any conviction by a court.

In fact, given these amendments made in the Elections Amendment Act 2023, ECP cannot decide the question of qualification or disqualification of any person at all.

He also requested the court to set aside the ECP’s notification it had issued to disqualify him from being a member of National Assembly for a period of five years and purporting to de-notify him as returned candidate from constituency NA-45 Kurram-I.

 

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LHC orders release of PTI's Sher Afzal Marwat​

Marwat was arrested by police outside LHC under 3MPO on Dec 14

Our Correspondent
December 18, 2023

PTI leader Sher Afzal Marwat. PHOTO: EXPRESS/FILE


LAHORE: The Lahore High Court (LHC) on Monday ordered the release of Pakistan Tehreek-e-Insaf (PTI) Senior Vice President Sher Afzal Marwat after he was detained under 3MPO.

Marwat was arrested by police outside the LHC on December 14 as he was leaving the court premises after attending a lawyers’ convention.

Justice Shehram Sarwar Chaudhry presided over the hearing of the petition praying for Marwat's release. Announcing his verdict, the court ordered the PTI leader to submit a surety bond to secure his release. .

The former ruling party shared footage of Marwat’s arrest on X (formerly Twitter) earlier on Dec 14, showing police officials dragging Marwat by the collar as several lawyers tried to stop them.

“Abduction of lawyers from the premises of LHC is shameful and represents once again the respect for courts in the eyes of those in power. A caretaker government is crossing all limits of fascism,” PTI posted on its official X account.

The party urged LHC judges to ensure Marwat’s safe recovery.

“The aim of these unconstitutional and illegal tactics is to escape from polls and impose on people those who were brought under the ‘London plan’,” the PTI stated, adding that the “continued silence of the judiciary” was encouraging such illegal actions.

 

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PHC reserves judgement on plea for polls under judiciary’s supervision​

Bureau Report
December 19, 2023

PESHAWAR: The Peshawar High Court (PHC) on Monday reserved its verdict about the maintainability of the Pakistan Tehreek-i-Insaf’s petition for holding the Feb 8 polls in the province through judicial officials under the supervision of the judiciary.

During the hearing, a bench comprising Chief Justice Mohammad Ibrahim Khan and Justice Shakeel Ahmad questioned if it could continue hearing the case after a Supreme Court bench suspended the Dec 13 Lahore High Court’s stay order against the appointment of district returning officers, returning officers and assistant returning officers from the executive.

The high court’s CJ said as the apex court had issued a verdict on the matter, that couldn’t be ignored.
Justice Ahmad wondered if the bench could continue hearing the PTI’s petition after the apex court’s verdict and if so, under what law that would happen.

Declares SC’s verdict on elections can’t be ignored

Petitioner Mohammad Muazzam Butt, a senior lawyer and spokesperson for the PTI, informed the bench that the Supreme Court had suspended the LHC’s judgement but didn’t say anything about the case pending with the PHC against the appointment of deputy commissioners as DROs for elections.
He also said those DCs recently issued hundreds of orders for the detention of PTI activists under Section 3 of the Maintenance of Public Order (MPO).

Provincial advocate general Aamir Javed, additional advocate general Daniyal Khan Chamkani showed up for the provincial government, additional attorney general for Pakistan Sanaullah for the federal government, and lawyer Mohsin Kamran Siddique for the Election Commission of Pakistan.

Butt told the court that the PTI did not want any delay in polls but the appointment of ROs and DROs for them was made with mala fide intent.

“We have no issues with general elections as long as they’re held in a fair and transparent manner and according to the Constitution,” he said.

The petitioner said polls were being held on the orders of the Supreme Court, which would never want democracy to be derailed and billions of rupees go to waste.

The CJ observed that the court had received a letter about the appointment of ROs and DROs from the judiciary but it issued directions for consultation with the National Judicial Policy Making Committee, which had imposed restrictions on the judiciary’s role in elections.

He added that only the committee could allow the holding of polls through judicial officials under the supervision of the judiciary.

Additional attorney general Sanaullah told the court that orders under Section 3 of the MPO were issued by the then administrative officers as a law and order situation had developed.

He added that had those officers issued any order raising questions about the transparency of elections, the right for judicial review was still there.

The advocate general said the apex court had made it clear that it was the mandate of the Election Commission to appoint ROs and DROs for elections and that notices had been issued to advocates general of all provinces.

He added that the petition had become infructuous after the Supreme Court’s orders for Feb election

“We cannot go against the orders of the Supreme Court in any case. We have to see them,” the chief justice observed, adding that the chief election commissioner himself was monitoring the entire electoral process.

ECP lawyer Siddique informed the bench that the commission had terminated all political appointments and was monitoring all matters in the run-up to elections.

He said DROs didn’t perform their duties as members of the district administrations with their work falling in the ECP’s jurisdiction.

The counsel said the Supreme Court had suspended the Lahore High Court’s decision to suspend DROs and served a show-cause notice to the petitioner for filing the case against their appointment.
Published in Dawn, December 19th, 2023

 

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IHC summons MoF, CDA officials in contempt case​

Seeks answers for delay in construction of lawyers’ complex, provision of funds

Our Correspondent
December 19, 2023

Islamabad High Court (IHC) Chief Justice Aamer Farooq. PHOTO: FILE

ISLAMABAD: The Islamabad High Court on Tuesday summoned the additional finance secretary and the Capital Development Authority officials on Jan 10, 2024 in the contempt of court case regarding delay in the construction of the lawyers’ complex and non-provision of funds.

The complex was an old demand of the lawyer community. Since its establishment in 1960, there is no proper building for the district judiciary while lawyers had constructed their chambers mostly on encroached land.

IHC Chief Justice Aamer Farooq heard the request of the Islamabad Bar Association.

The court said that the additional finance secretary should come forward and explain why the funds were not provided for the lawyers' complex.

Law Secretary Raja Naeem Akbar said that many letters had been written for the provision of funds, even if the Ministry of Finance paid Rs300 million, their system would work. “The district bar is also asking for Rs30 million for the IT project.”

Islamabad Bar Association President Qaiser Imam said that the law secretary had always cooperated. “We do not even want anyone to be sent to jail for contempt of court. We just want our work to be done.”

The chief justice remarked that he would call the Ministry of Finance and CDA on the next hearing and ask them.

During the hearing, Akbar, Imam, Islamabad Bar Association Secretary Rai Naveed Bhatti and Islamabad High Court Bar Association Secretary Rizwan Shabbir Kayani were present in the court room.

The hearing was adjourned till Jan 10, 2024.

 

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LHC informed: 14 cases registered against Hammad Azhar​

LAHORE: As many as 14 cases were registered against former federal minister Hammad Azhar. This was told to the...

Recorder

LAHORE: As many as 14 cases were registered against former federal minister Hammad Azhar.

This was told to the Lahore High Court by law officer on Friday during the proceeding of a petition by former governor Mian Azhar, the father of Hamad.

He said police registered 13 cases against the petitioner's son relating to May 9 riots while an inquiry on corruption charges was pending with the Anti Corruption Establishment.

He said there was no inquiry pending against the former minister with the Federal Investigation Agency (FIA).

The court disposed of the petition in the light of the government's report. The court also directed the federal government to facilitate Barrister Hassaan Niazi nephew of former Chairman PTI in submission of nomination papers if he wants to contest the general election.

The court disposed of the petition filed by the mother of Hassaan Niazi. The court observed that a law officer did not show any specific provision under army laws under which the nomination papers to contest election cannot be signed by an under trial prisoner.

The court therefore directed the law officer as well as counsel for Election Commission of Pakistan (ECP) to convey the order to the government as well army authorities.

The petitioner Ms Noreen Niazi said her son was currently in the custody of military authorities, alleging he had been denied permission to sign his nomination papers.

The petitioner asked the court to grant permission to Hassan Niazi to complete the process of filing nomination papers.

LHC informed: 14 cases registered against Hammad Azhar

LAHORE: As many as 14 cases were registered against former federal minister Hammad Azhar. This was told to the...

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