CJ forms three-judge bench to hear anti-judiciary TV program

ISLAMABAD: The Chief Justice of Pakistan has formed a three-member bench to hear a case pertaining to an anti-judiciary program telecast by a private TV channel.

The bench headed by Ijazul Hassan will hear the case on June 2. A statement issued by the apex court on Saturday says honorable justice Jawad S Khawaja has not been separated from any case and he will continue to hear the “banner case.”

Justice Khawaja will hear the case on June 10.

CJ forms three-judge bench to hear anti-judiciary TV program

ISLAMABAD: The Chief Justice of Pakistan has formed a three-member bench to hear a case pertaining to an anti-judiciary program telecast by a private TV channel.

The bench headed by Ijazul Hassan will hear the case on June 2. A statement issued by the apex court on Saturday says honorable justice Jawad S Khawaja has not been separated from any case and he will continue to hear the “banner case.”

Justice Khawaja will hear the case on June 10.

CJ takes notice of woman’s murder outside LHC

ISLAMABAD: The Chief Justice of Pakistan, Justice Tassaduq Hussain Jillani, on Friday took notice of the murder outside the Lahore High Court and called a report from the Punjab IGP within 48 hours.

The chief justice took notice after the incident was reported in a section of the media on May 29 containing details about the murder of a young woman, who was beaten to death with bricks

by her family, close to the Lahore High Court for marrying without their consent.It was requested that the killers be brought to justice and police officers who were silent bystanders be punished for aiding and abetting the crime through their inaction to dispense justice to the victim.

Taking cognizance, the chief justice of Pakistan directed the Punjab inspector general of police (IGP) to submit a report in the matter within 48 hours.Similarly, the chief justice also took notice on press clippings of different newspapers dated May 30, containing details of the death of an overseas Pakistani in a Malaysian jail and non-cooperation of the Embassy of Pakistan in Malaysia.

It was appealed to the chief justice of Pakistan to take action into the matter to dispense justice. Taking cognizance, the chief justice of Pakistan called a report from the secretary, Ministry of Foreign Affairs, Government of Pakistan, within three days.

Musharraf case proves supremacy of law: LHC CJ

 

LAHORE: Lahore High Court Chief Justice Umar Ata Bandial has said the judiciary is committed to dispensing justice to the affected people.
He was addressing a seminar on the topic of ‘Court Reporting and Dispensation of Justice’, organised at the Punjab Judicial Academy by the Press Council of Pakistan (PCP) here on Saturday.

About the Pervez Musharraf issue, the LHC CJ said he did not want to comment on the case as it was a sub judice matter. But, he added, he would like to say one thing that the developments in the Musharraf case had proven the supremacy of the law.

Justice Muhammad Anwarul Haq, Justice Ali Baqar Najfi, Justice Abdus Sami Khan, Raja Muhammad Shafqat Abbasi, Chairman PCP, Muhammad Ramzan, Mujeebur Rehman Shami, President CPNE, and journalist Saeed Aasi were also present on the occasion.

The CJ said justice could not be judged by the number of verdicts but by the authenticity of the verdicts. He said the services of the legal fraternity would be remembered for long. Pakistan was created by a lawyer, Quaid-e-Azam Muhammad Ali Jinnah, its idea was presented by another lawyer, Allama Muhammad Iqbal, and a number of other prominent lawyer leaders of the Pakistan Movement had struggled for the creation of this homeland.

The CJ recalled that the lawyers’ movement of 2007 wasunique in the sense that not a leaf was disturbed or any public property damaged as the movement was totally peaceful, pursuing its cause through talks, the most trusted weapon of the lawyers. The LHC CJ hoped that in the future too the judiciary, lawyers, civil society and the media would jointly ensure the supremacy of the rule of law.

The LHC chief justice said the role of the media was very important for the rule of law in the country and the restoration of constitutional rights of the public. He said the contempt of court law was used as a tool in the past to intimidate the journalist community, but the present judiciary has the courage to face positive and constructive criticism and it has not invoked the draconian law in the near past. He said the language of law was more difficult than ordinary language and it requires vast knowledge and expertise to fully comprehend legal terminology. We, the judges, also go through law books while dictating judgements; therefore, journalists should also take extra care while reporting judicial matters so that their news may not prejudice court proceedings.

He further said judges could not decide cases without assistance from the legal fraternity and the role of the lawyers in the dispensation of justice could not be undermined. At the end, the chief justice lauded court reporting in the Lahore High Court and saluted media persons for their responsible reporting.

Speaking on the occasion, PCP Chairman Raja Muhammad Shafqat Abbasi said the era of press releases was over and now the media was an independent entity, like other state institutions, and it was a need of the hour that it should be self-accountable now. Each institution should endeavour for more services to the masses, he added.

The Pakistan Bar Council vice chairman asked media persons to curtail the fashion of tickers on the electronic media.Agencies add: LHC Chief Justice Umar Ata Bandial said the judiciary was a vibrant institution and its verdicts should not be made controversial.

Justice Bandial said the accused were freed by the courts due to poor investigation by the police, but the courts are accused of freeing culprits. He said the judiciary wanted to reform society.

CJ deplores apathy over violence in Karachi

ISLAMABAD: Chief Justice Tassaduq Hussain Jillani lamented that there was nobody to prevent target killing in Karachi and assassins shot dead people whenever they wanted.

The CJ said that terrorism in the commercial hub of the nation was not acceptable. He said usurping the freedom of people could not be allowed in the war against terrorism on the pretext of national security and preservation of democracy.

Addressing a full court reference in honour of Justice Khilji Arif, Chief Justice Jillani said human rights could not be ignored at any cost.

The chief justice added that Pakistan was plagued by several wars besides terrorism and sectarianism. He said the country was also waging a war against the abuse of minorities, women and children.

The country’s top judge further said it was our responsibility to stand united for Pakistan.

Freedom of citizens can’t be usurped in name of security: CJ

 

ISLAMABAD: The Chief Justice of Pakistan (CJP), Tassaduq Hussain Jillani, on Friday said citizens’ freedom could not be allowed to be seized in the name of national security.
The chief justice was addressing a full court reference held here at the Supreme Court on the eve of retirement of Justice Khilji Arif Hussain.The chief justice said: “While fighting terrorism and protecting democracy, we need to strike a proper balance between the conflicting values and principles i.e. the value of security of the state and individual rights.” He said such rights could not justify undermining the national security.

He said the court, in its endeavour to strike a balance between the conflicting values, often attracted criticism from both sides.“Those standing for human rights may contend that the court gives too much protection to security and ignores human rights; those who speak of security concerns may allege that the court is tilted towards human rights rather than security. These comments should not deter us from upholding the rule of law and the canons of democracy,” the CJ maintained.

He said as the country faced a multitude of battles against terrorism, against sectarian violence and ethnic cleansing of minorities and on weakened rights for women and children, it is their duty as a pillar of the state to hold fast to belief in the seminal values of the rule of law, of human dignity, of tolerance and of compassion.

Justice Jillani further said the Constitution makers wanted to implement social, economic and political justice for which vision had been embedded in the Constitution through fundamental rights and the principles of policy.

“To ensure that these goals are pursued by each organ of the state; that no organ acts beyond the role assigned to it under the Constitution and the law, as also to protect people from arbitrary rule, the judiciary has been entrusted with the sacred task to arbiter between the state and the individual, between the individuals inter se, and to issue appropriate directions, where the rights or the laws are being violated.”

He further said the constitutional pledge of independence of judiciary and the constitutional command that all state institutions shall comply with the orders passed by the Supreme Court are all means towards the ultimate goal of dispensing said social, economic and political justice—(Article 189).

Paying rich tribute to Justice Khilji Arif Hussain, he said as could be seen from his legal opinions, judgments and general demeanour as a judge throughout the course of his career, Justice Arif Khilji had devoted his prudent insight, legal acumen and insightful mind to the development of the rule of law in the country.

His judgments have reiterated the importance of several constitutional principles of the utmost value to the judiciary such as that of the tri-chotomy of powers and the independence of the judiciary,” the CJ said.

Justice Khilji Arif Hussain said today the Supreme Court was an inevitable institution for the common man, independent in action and free in thoughts, showing strength, excellence and courage under most demanding circumstances.

Justice Khilji said it had been through the most difficult and turbulent periods in the history of Pakistan and ultimately acquired the reputation of protector of the Constitution, democracy, rule of law and guardian of fundamental rights of the people of Pakistan.

“Let me assure you that the aims and objectives of every judgment of this court are to enforce the Constitution and to protect the fundamental rights of the people of Pakistan,” he added.He said whenever he got depressed while looking at the institutions his colleagues gave him the courage saying that leaves of autumn sprinkle fragrance, giving a message of green leaves.

Justice Khilji expressed thanks and gratitude to the Chief Justice of Pakistan Justice Tassaduq Hussain Jillani and his colleague judges for their inspirational support while he was at the bench.

He said he was also thankful for their generosity, which enabled him to cherish many useful experiences.Kamran Murtaza, Supreme Court Bar Association (SCBA) President, also addressed the full court reference.

Former CJ followed Constitution: SC

ISLAMABAD: The Supreme Court (SC) on Thursday, while announcing a detailed judgment in the review petition of former president General (retd) Pervez Musharraf against its July 31, 2009 verdict, ruled that former chief justice (CJ) Iftikhar Muhammad Chaudhry followed the Constitution and the army chief had no jurisdiction to impose emergency in the country on Nov 3, 2007.

The SC ruled that the judgment under review did not stand vitiated by any bias or error in law or fact to warrant a review.A 42-page judgment, authored by Chief Justice Tassaduq Hussain Jillani, ruled that the power of review could not be invoked as a routine matter to rehear a case which had already been decided nor change of a counsel would warrant sustaining of a review petition, but the same could be pressed into service where a glaring omission or patent mistake had crept in earlier by judicial fallibility.

“If the court has taken a conscious and deliberate decision on a point of fact or law, a review petition will not lie,” the judgment says.The court ruled that it had narrated with a measure of dismay the frequent constitutional deviations in the country. “The spirit which underpins the judgment is a strong realisation that we should not remain trapped by mistakes in history and turn a new leaf towards constitutionalism and the rule of law,” says the detailed verdict.

The court observed that the declarations and findings of July 31, 2009 judgment could not be a subject matter of review as neither there was any discovery of new or important matter or evidence which after the “exercise of due diligence” was not within the knowledge of the petitioner or could not be produced by him at the time when the judgment under challenge was passed.

The court observed that in fact, the petitioner’s learned counsel frankly admitted, on court query, first that the then prime minister Shaukat Aziz had written a letter to the President of Pakistan and not to the Chief of the Army Staff; second that the prime minister had not advised him to impose the state of emergency rather “the petitioner acted in his own discretion”.

“This frank admission by his counsel has further weakened his case for review,” the detailed verdict ruled questioning as how the petitioner in his capacity as chief of army staff or even as president could act on his own discretion.

“He had no power under the law to impose the state of emergency and make judges of the Supreme Court and high courts dysfunctional notwithstanding the mandate of Article 48 of the Constitution,” says the judgment.

Justice Jawad S Khawaja, in his additional note, observed that the proclamation of emergency, it would be seen, did not target the former chief justice alone as it targeted the judiciary of the country.

He said that much was clear even from a cursory reading of the text of the proclamation of emergency and the advice of the prime minister which was purportedly relied upon by the petitioner in taking his actions of Nov 3, 2007.He said, “We must remain cognizant of a central tenet of the rule of law, that the law must widely be accessible to the public.”

Former president General (retd) Pervez Musharraf had filed a review petition against the court judgment of July 31, 2009, declaring the steps taken on Nov 3, 2007 including imposing the emergency rule in the country as illegal and unconstitutional.

A full court on January 30, 2014, while hearing the review petition of the former military dictator for three days, dismissed it. “We find the review petition filed by General (retd) Pervez Musharraf was time barred and the precedent case law cited in this behalf was distinguishable,” the court ruled in its short order.

The court further ruled that the grounds urged by the petitioner’s learned counsel neither fell within the purview of review jurisdiction nor tenable on merit to warrant interference in the judgment under challenge.

CJ wants separate force for courts’ security

 

LAHORE: Chief Justice Tassaduq Hussain Jillani has called for establishing a separate force for the security of courts in the country. He directed the Punjab police to prepare a feasibility report on the construction of security walls at courts in seven days and ordered starting the installation of foolproof screening equipment at the courts’ doors.
He was chairing a meeting at the Supreme Court Lahore Registry here on Saturday to discuss security in the superior as well as lower courts of Punjab.

He said no secret information about any terrorist activity should be ignored and all judges, lawyers and litigants should be provided complete security in courts. He said that the implementation of his orders should be visible in seven days.

Lahore High Court Chief Justice Umar Ata Bandial, IG Punjab Khan Baig, Home Secretary Azam Salman and other senior police officials were also present in the meeting.

Also, the Planning & Development department presented a report on the construction of walls, the IG Punjab Khan Baig a proposed security plan for the courts in the province and DIG Operations Rana Abdul Jabbar briefed the chief justice about the security of the Lahore courts. The Additional IG Special Branch told the meeting that the number of policemen has been increased for the security of the courts.

Our correspondent adds: Chief Justice Tassaduq Hussain Jillani has said it is unfortunate that in Pakistan education has not been accorded top priority. Speaking at the ground-breaking ceremony of Shaikh Ahmad Hassan School of Law, Lahore University of Management Sciences (LUMS), here on Saturday he said education was one of the major factors for the socio-economic development of a society. He said no country could achieve sustainable economic development without improvement in the field of education.

The chief justice said even today only 1.9 per cent of the GDP was being spent on education in Pakistan, whereas the UN’s minimum benchmark was 4.5 per cent of GDP. In this backdrop, the contribution of the private sector to the realm of education was a welcome development, he added.

Justice Jillani said the existence of an efficient justice delivery system resulted in establishing a belief in the general public that their rights would be protected. “On the other hand, the absence of rule of law gives rise to a collective sense of despair and injustice which creates a negative impact on the development of society,” he added.

A society plagued by inner fissures, lawlessness, uncertainty and corruption is headed only for decay, he said adding that the rule of law, which is one of the most vital characteristics of an effective judicial system, finds its place in the eight essential components of good governance as defined by the United Nations.

An effective judicial system has a close nexus with good governance, maintenance of peace and socioeconomic development in society, he added.

He said he was confident that the law and policy programme which had been launched by LUMS would achieve its goal, namely, offering excellent professional education and research facilities and playing a positive and productive role in bringing about social change reform in the legal system, promoting social responsibility, stimulating intellectual dialogue and debate, providing informed input to regulators and policymakers besides strengthening the legal profession and judicial institutions by ensuring rule of law and good governance.

Later, the CJ inaugurated the Ahmad Hassan School of Law and congratulated LUMS Vice Chancellor Dr Sohail Naqvi, chair and faculty members of the Ahmad Hassan School of Law and all those who provided assistance in this noble cause.

Chief justices of the Lahore High Court and Balochistan High Court were also present on the occasion.

Food shortage evidently caused deaths in Thar: SHC CJ

KARACHI: The SHC took notice over the delay in the provision of food and relief supplies to Tharparkar and directed the Sindh chief secretary to make urgent arrangements to supply relief goods to the affected families.Hearing identical petitions regarding the government’s negligence in providing relief and health facilities to the drought-affected people of Thar, the SHC division bench headed by Chief Justice Maqbool Baqar expressed concern that despite the passage of three months since the calamity began, 22,758 families were still without food or relief supplies from the governmen