Showing posts with label Chief Justice of Pakistan. Show all posts
Showing posts with label Chief Justice of Pakistan. Show all posts

Monday, 18 April 2011

Supreme Court to summon Prime Minister over NRO


In the National Reconciliation Ordinance (NRO) review petition, Raja Abdul Ghafoor, the Advocate on Record (AOR) representing the stooge federation, withdrew himself as government’s counsel citing medical reasons, prompting the Supreme Court to threaten summoning none but puppet Prime Minister Yousuf Raza Gilani himself. The court said it seemed the government, being uninterested in the case, consider non-representation an easy way to dismiss the review plea. Threatening to cancel AOR’s licence, the court said Prime Minister Yousaf Raza Gilani will be called if the advocate withdraws from the case. Chief Justice Iftikhar Muhammad Chaudhry directed the Attorney General (AG) to get instruction from the Prime Minister as “according to the definition, federation means PM”.

The Supreme Court of Pakistan
The apex court also said it seemed the prime minister had not been taken into confidence over the advocate’s decision (to withdraw). The Additional Attorney General (AAG) said the federation should be given the right to appoint a counsel of its choice. The Chief Justice said the federal government will not be given any special treatment. The court said that if no one else is to represent the government, the Attorney General should present arguments, but the AG said the government had not allowed him to do so. When the court asked the federation counsel’s application requesting separation from the case, the Solicitor General said the application had been misplaced. At this point, the SC issued show-cause notices to the AOR and the Solicitor General, saying how the application could be lost. The SC issued show cause notice to AOR Raja Abdul Ghafoor for withdrawing from the NRO review petition and Solicitor General, Ministry of Law, Syed Nasir Ali Shah for making the false statement.

When Attorney General for Pakistan Maulvi Anwar was asked to plead the case being the chief law officer of the court, he told the bench after break that he had sought advice from the government which needed time to ponder over the matter. The Chief Justice, heading a 17-member bench, asked the AGP: “Why don’t you clearly state that the federation has shown distrust in you.” Justice Javed asked: “Are you seeking advice on the issue of representation or on some other points.” The Chief Justice remarked that if the federal government has no confidence in the Attorney General, Additional Attorney General or Kamal Azfar, then who else is there to plead the case. “Courts are always interested in deciding cases on merit instead of withholding relief on any technicality, but it must always be subject to the Constitution and the law, therefore while discussing the scheme of the Supreme Court Rules, 1980, it was observed that in fact it is the AOR who has principal duty to argue the case in absence of the ASC,“ the CJ said. Two judgments were also cited in this regard.

The learned AOR filed a copy of the letter, dated April 14, 2011, written by Solicitor General, Ministry of Law to him. The letter stated: “You were nominated as AOR to represent the Federation of Pakistan. Subsequently, you addressed a letter to this Division in which you expressed your inability to continue as Advocate on Record in the subject case owing to your indisposition. As such your nomination as Advocate on Record, as per your request, is withdrawn. You are requested to give letter of authority to Syed Zafar Abbas Naqvi, Advocate on Record as per Supreme Court of Pakistan Rules, 1980.” The court observed that Raja Ghafoor has been regularly appearing before the court not only in this case but also in other cases in which he had filed his power on behalf of the litigants as AOR and prior to this he had never pointed out about his disassociation or withdrawal on account of health reasons. The court noticed perhaps it has happened in the background of the orders passed by this Court continuously, on 11.04.2011, 12.04.2011 and 14.04.2011, when the case was adjourned for one or the other reason on account of lack of interest by the Federation of Pakistan to pursue the case. The orders are self-explanatory.

It seems that on having notice, the learned AOR, instead of obeying the command of the Rules, under which in absence of ASC he is responsible to argue the case, got issued letter from the Solicitor General. It was shocking for the court that not only the letter but the file, containing the record of AOR, was missing. The court noted that in view of the importance of the issue, prima facie, statement so made by the solicitor is not acceptable, in as much as he failed to produce extract from the office diary maintained to receive mail coming from outside the office, therefore, Raja Abdul Ghafoor, AOR in this manner, however, managed not to argue the case. The AAG informed that court that he had not received fresh instruction except that the government be allowed to arrange another counsel. His request however was turned down. The court therefore asked Attorney General for Pakistan, the chief law officer of the country, whose appointment takes place under Article 100 of the Constitution and who also enjoys certain powers envisaged under Article 57 of the Constitution, to argue the case because he had remained associated with it.

Maulvi Anwar said he was not the AGP at that time, he was invited to assist the Court in terms of Order XXVII CPC, but as in the interest of justice, the Court is trying its best to proceed with the matter. The Chief Justice said he was one of the advocates in whom the Government/Federation had trust and who can address the Court. He sought time for instructions. The court issued show cause notice to Raja Abdul Ghafoor to explain as to why his name be not removed from the roll of the Advocates-on-Record in terms of Order IV rule 31 of the Supreme Court Rules, 1980 and to Nasir Shah why he made an incorrect statement before the Court, as a result whereof he had not only embarrassed the whole institution, but also the federal government. Meanwhile, the Inspector General of Islamabad police submitted a report in the Supreme Court regarding threats to Kamal Azfar. The case hearing was adjourned for a day.


Enticing Fury

Friday, 15 April 2011

Supreme Court rejects joint venture E-11 sector project

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The Supreme Court of Pakistan
The Supreme Court of Pakistan on Friday declared a joint venture of Capital Development Authority (CDA) and a multi professional firm in Islambad's Sector E-11 null and void and ordered board of CDA to complete the project. A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry announced the verdict. The CJ took suo moto notice of this 54-acre land scam.

The Supreme Court of Pakistan ordered the chairman of CDA to call a board meeting in this regard and report after a month. The court has authorized the Multi Professional Organization to submit claim about the money which it has invested in the project.



 

Tuesday, 12 April 2011

Supreme Court orders HEC to continue operation

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The Supreme Court of Pakistan
The Supreme Court of Pakistan ordered the Higher Education Commission (HEC) to keep working under the ordinance until any amendment in the law before adjourning the hearing for indefinite period, report said on Tuesday. The Supreme Court, while hearing the constitutional petition against the devolution of HEC, issued notices to Attorney General of Pakistan, Ministry of Law, Ministry of Education and HEC. The Attorney General, Maulvi Anwar-ul-Haq told the court that the commission still existed and with consultation from educational experts and vice chancellors a new law would be constituted for HEC. A three-judge bench, headed by the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, heard the petition filed by the Directory of Riphah University against the devolution of HEC.

Saturday, 12 March 2011

Chief Justice takes suo moto notice of Sindh Strike call by PPP traitors


Chief Justice Iftikhar Muhammad Chaudhry on Saturday took suo moto notice of complete strike in Sindh province on the call of stooge PPP leadership against the Supreme Court’s decision in Chairman NAB appointment case. According to media reports, at least three people were killed in incidents of gunfire in Karachi and several others were wounded as a strike called by the USZ puppet party of PPP was being observed across the entire Sindh province on Friday against the Supreme Court’s verdict annulling the appointment of Deedar Shah as NAB chairman. They said that three letters had been written to chief secretary Sindh, chairman Pemra and DG Intelligence Bureau. The chief secretary has been directed to submit complete record that whether or not any action has been registered in respect of the strike against the responsible political leaders and persons. The chief secretary has been asked to submit the record in this regard on Monday.

Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhary
The court sought whether or not the criminal cases had been registered against the instigator, abettor and the accused persons. The letter to the secretary stated that protecting the life and property of citizens was the responsibility of the law enforcement agencies under Article 9 and 24. The secretary has been asked to submit the estimation of the loss of life and the properties. The chairman Pemra has been ordered to furnish all the electronic TV channels talks show and programmes’ record and the evidence regarding the strike, while the Secretary Sindh Provincial Assembly has been asked to provide the record of MPAs’ speeches in the Assembly session. It needs to be noted that the Supreme Court on March 10 declared the appointment of Justice (Retd) Syed Deedar Hussain Shah as chairman National Accountability Bureau illegal and unconstitutional and ordered him to immediately step down from his position. A three-member bench headed by Justice Javed Iqbal in a short order stated, “For the reasons to be recorded separately, these petitions are accepted and the appointment of Justice (Retd) Syed Deedar Hussain Shah as chairman NAB is hereby declared as illegal and ultra vires and he shall cease to hold said office forthwith.”

President Supreme Court Bar Association Asma Jahagir on Friday said that the court’s judgements were public property and people could criticize these decisions but observing strikes was unacceptable. Staff Reporter from Karachi adds: A constitutional petition was filed in the Sindh High Court on Saturday seeking contempt of court proceedings against the PPP Sindh leadership for criticising the Supreme Court of Pakistan’s judgement in NAB chairman appointment case. The petitioner, Secretary General of United Human Rights Organization Rana Faiz-ul-Hasan, submitted that being citizens of the country, the people and the political parties had constitutional rights to record their protest for their genuine demands but there was a limitation. He submitted that provincial leadership of PPP violating Article 204 of the Constitution not only criticized the Supreme Court’s order but also staged protests against it.

A bus is burning in Karachi as miscreants of PPP raise havoc in the city
On March 10, the apex court termed the appointment of Justice (Retd) Deedar Hussain Shah as NAB chairman invalid that was followed by aggressive move by the provincial leadership of PPP, as they criticised the judiciary at their press conferences in the same day. He continued that following the announcement of the SC verdict, the ruling party and the Sindh government announced a complete shutter-down and wheel-jam strike across the province. The plaintiff submitted that judiciary had been threatened by the respondents. He added that such disgraceful approach towards rules was not only dishonouring the judiciary but also creating negative impression across the world. He submitted that the judiciary was independent, and it should not be brought under threat by anyone. The Sindh government, PPP Sindh General Secretary Taj Hyder, MPA Sharjeel Memon, Javed Shah, Imdad Pitafi and Aga Taimore were cited as respondents. The petitioner pleaded the court to initiate contempt of court proceedings against the respondents. Admitting the plea for hearing, the court fixed March 15 as next date of hearing.


Friday, 28 January 2011

Reko Diq case: Ramday says foreign companies given contracts like gifts in 93

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Today, Justice Khalil-ur-Rehman Ramday of Supreme Court of Pakistan suspected the mental health of those who awarded mining contract to a foreign companies like a gift in 1993. He observed this while hearing a number of petitions challenging the award of the contract to the TCC – a Canadian consortium of Barrick Gold and Antofagasta Minerals – for exploring gold and copper in Reko Diq, a small desert town in Chagai district of Balochistan. Four-member bench hearing the case comprised Chief Justice Iftikhar Mohammad Chaudhry, Justice Mohammad Sair Ali, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday.

The Supreme Court of Pakistan

Advocate General Balochistan Salahuddin Mengal presented before the court details of the mining licenses awarded to the foreign companies, saying that of the 10 licenses 8 were surrendered in 1998. He further told the court that the first license was given in 1993 with the approval of the Governor. On that the court observed that Governor has no authority to award such contracts. Mengal asked the court to order investigation about the officials involved in the abovesaid process, and added that the companies earn $60 million profit but had not given anything to Balochistan government. In 2006, Barrick Gold and Antofagasta Minerals companies bought shares of BHP Company while the exploration license of TCC is going to be expired in February, the court was told. Deploring the whole process, Justice Ramday maintained, “I suspect the mental health of all the officials who awarded licenses to the foreign companies in 1993 like gifts in a basket”. The case was deferred till January 31.

Wednesday, 19 January 2011

37 Billion Rupees lost in ISAF containers pilferage


Chief Justice Iftikhar Mohammad Chaudhary on Wednesday hearing the embezzlement of billions of rupees in International Security Assistance Force (ISAF) containers case observed that revelations made in the Federal Tax Ombudsman report is just the tip of the iceberg, as further investigations could divulge much more. The Federal Tax Ombudsman submitted a comprehensive report regarding fraud in the garb of Afghan Transit Trade, which testified that large number of containers carrying Afghan trade goods have been pilfered inside the country. The report has made a startling disclosure that more than 50,000 transit containers have been pilfered within Pakistan that have caused a huge loss of approximately Rs19 to Rs37 billing to the country’s economy during the last four years. A three-member bench of apex court comprising Chief Justice Iftikhar Mohammad Chaudhary, Justice Ghulam Rabbani and Justice Khalil-ur-Rehman Ramday, while hearing the ISAF containers case ordered the authorities concerned to take a strict action against those involved in the case and issued them notices.

Supreme Court of Pakistan

The Court on September 30, 2010 had directed the Federal Tax Ombudsman to file a comprehensive report over the permission of contraband items under the garb of food supplies to the ISAF in Afghanistan under the Afghan Transit Trade Agreement (ATTA). The court also sought a comprehensive report over 10,000 to 11,000 containers of ISAF which went missing from Karachi, as Customs has no record of these containers. The Chief Justice said, “We have gone through the report, which is not only comprehensive to the point with the reference mentioned in the complaint of smuggling of foreign goods in the name of Afghan Transit Trade”. The report prima facie concluded that action is required to be taken against all the concerned officials of Customs. The court stated that for the sake of justice it would be appropriate to provide them an opportunity of hearing so they may also forward their comments in view of the report prepared by Federal Tax Ombudsman.

The court directed Chairman Federal Board of Revenue Salman Siddique to assist the court and provide a list of all officials, including former chairperson of CBR/FBR, who was holding the position from January 1, 2007 to December 24, 2010, the Members of Customs (Customs Collectors Karachi Port and Port of Qasim, Collectors of Quetta and Peshawar, Secretaries Commerce and Finance, Director General Customs Intelligence and Investigation and the relevant officers of NLC who were hold the charge during that period. The court said that the Chairman CBR might also identify any other officer, prima facie involved in the alleged corruption, so he may be summoned.

Tuesday, 18 January 2011

Reko Diq - Government’s criminal silence annoys CJ


Tethyan Copper Company Pakistan (TCCP) was issued show cause notice for giving advertisements in the national newspapers of the country pertaining to Reko Diq project. A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry was hearing the case relating to exploration of gold and copper from Reko Diq. The Reko Diq project, located in Chaghi district of Balochistan, is being developed by the Tethyan Copper Company Pakistan (TCCP), jointly owned by Barrick Gold Corporation, Canada, and Antofagasta, Chile.

Reko Diq Gold & Copper mine, Chaghi

Barrister Zafarullah while representing Watan Party, which has also filed a petition against the project, prayed the court that the matter was sub judice in the court and the TCCP gave advertisements in the newspapers regarding the project. He requested the court to issue them contempt of court notice. The court while issuing the notice sought reply from the TCCP on January 19. Justice Ramday stated that the courts could not influenced by the advertisements. In the next date the TCCP would give presentation to the court. The Chief Justice, however, expressed concern over non-submission of the replies by the respondents. He remarked that an important case was going on and the whole world was watching it with great interest, but the respondents had not filed the replies yet.

Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry

Raza Kazim on Monday again reiterated his stance that the joint venture mining agreement was not provided to the petitioners, and even to the Balochistan High Court. He said clause 12 of the agreement was about confidentiality. But Antofagasta’s counsel dispelled this impression, saying there was no confidential clause in the agreement. He said that they had produced the agreement before the Balochistan High Court and it was in its record. The main case has been deferred till January 25, 2011. Monitoring Desk adds: CJ Iftikhar Chaudhry admonished the government for not taking the Reko Diq case seriously, reported a private TV channel. He observed that the Reko Diq case is an important one but that the government is not taking it seriously.

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