Justice Musarat Hilali, a member of the Constitutional Bench, remarked on the request to challenge the appointment of former Chief Justice Qazi Faiz Isa as the Chief Justice of Balochistan High Court that ‘Do not get personal in the cases, Justice Qazi has now retired, leave the Qazi. Sahib’s life.’ Thereafter, the Constitution Bench dismissed the revision petition of the petitioner lawyer Riyaz Hanif.
The Supreme Court On the first day of the Constitution Bench today, a six-member bench headed by Justice Aminuddin Khan, 18 Cases Hearings out of which 15 were dismissed as ineffective.
A total of Rs 60,000 fines were imposed on the petitioners for baseless litigation while three cases were adjourned by the Constitution Bench.
After the 26th Constitutional Amendment, the Constitutional Bench heard the cases on Thursday. Along with Justice Aminuddin Khan, other judges on the bench include Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Naeem Akhtar Afghan and Justice Musrat Hilali. Justice Ayesha Malik was not part of the bench today.
All on measures taken against environmental pollution The provinces Request report from
The Constitution Bench of the Supreme Court sought a report from the provinces on all the measures taken so far related to environmental pollution since 1993. Justice Jamal Mandukhel remarked that ‘Look what has happened in Punjab and Islamabad.’ The Additional Attorney General said that the importance of this case has increased in the present circumstances.
Justice Naeem Afghan said that this case has been going on since 1993, Lahore city has spread from Wagah border to Sheikhupura on one side, DHA and other societies are being built on agricultural lands, which are affected by the earthquake. I don’t want to build high-rise buildings, how are we treating future generations, promote flat culture, it is not necessary to build 6-6 kanal bungalows.’
Justice Muhammad Ali Mazhar remarked that ‘according to the report of the Environmental Agency of Islamabad, everything is good, according to the report of the year 2021, all the steel mills are following the SOPs. Is this case to be heard? Institutions will work only if the court keeps asking for reports. Why could not the Chairman of Environmental Change Authority be appointed? The authority will be active only when the chairman is appointed.
Justice Jamal Mandukhel remarked that ‘Also pay attention to the fact that pollution is spreading due to the adulteration of petrol, pollution is also among the diseases affecting the country, there is a need to know the cause of the disease and treatment.’
Justice Aminuddin Khan said that ‘only paperwork will not work, take practical steps, if detailed reports come in the next hearing, the case will be settled.’ The court adjourned the hearing for three weeks on the request of the Additional Attorney General.
Case of appointment of Qazi Faiz Isa as Chief Justice of Balochistan High Court
The appointment of Qazi Faiz Isa as the Chief Justice of Balochistan High Court was challenged by petitioner Riaz Hanif Rahi. A six-member constitution bench headed by Justice Aminuddin heard the case. The Constitution Bench dismissed the revision petition filed against Qazi Faiz Isa.
Justice Jamal Mandukhel remarked that ‘this is a review application, on such an application I will request the head of the bench to refer the matter to the Pakistan Bar Council, the case cannot be reopened. Do you want to reopen the case?’
Petitioner lawyer Riyaz Hanif told the court that the Supreme Court heard the Bhutto case after 40 years. I am telling the facts to the court, I don’t have the record but the record can be called from Balochistan. The appointment of Qazi Faiz Isa did not include the consultation of the Chief Minister at that time.
On behalf of the petitioner, Justice Aminuddin said, ‘Why are you not answering the questions that the court is asking you? Tell the law how consultation with the Chief Minister is necessary?’ Justice Muhammad Ali Mazhar said to the petitioner on this occasion, ‘Why are you getting angry? Listen to the court.’
Justice Musrat Hilali remarked that ‘Don’t get personal in the cases, Justice Qazi has now retired, leave Qazi Sahib’s life.’ Thereafter, the Constitution Bench dismissed the revision petition of the petitioner lawyer Riyaz Hanif.
Three applications dismissed with a fine of 60,000
The constitution bench of the Supreme Court dismissed the petition against the foreign assets and bank accounts with a fine of 20,000.
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Justice Mandukhel remarked that it is the Parliament’s job to legislate. How Election Commission can legislate on foreign account assets.’ Justice Muhammad Ali Mazhar said that ‘the petitioner has not made any legal point in the petition.’
Petitioner Mushtaq Awan told the court that ‘I am of the opinion that contesting elections on foreign assets or bank accounts should not be allowed.’ Justice Muhammad Ali Mazhar replied that it is the work of Parliament to legislate on this matter. Whose foreign assets or bank accounts have not been mentioned?’
Justice Aminuddin Khan rejected the request and said that ‘the petitioner should approach the elected representative of his constituency for legislation on the matter.’
The petition to ban the marriages of Pakistanis with foreign women was also dismissed while the court imposed a fine of 20 thousand rupees on the petitioner. Justice Muhammad Ali Mazhar remarked that if such requests are allowed, there will also be requests to stop marriages.
The petition against the legislation during the PDM regime was also dismissed by the constitution bench with a fine of Rs 20,000. Justice Jamal Khan Mandukhel remarked that ’60 thousand cases are pending due to such cases.’
The Constitution Bench rejected the plea to reschedule the 2024 general elections
The Constitution Bench dismissed the petition to reschedule the general elections as ineffective. The Attorney General told the court that ‘Now that the elections have taken place, this application has become ineffective.’ Justice Jamal Khan Mandukhel remarked that ‘lawyers did not come, they should be fined heavily.’
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How can the judiciary balance the need for effective oversight with the principles of justice and the prevention of frivolous litigation?
**Interview with Justice Musarat Hilali on Recent Supreme Court Proceedings**
**Editor:** Thank you, Justice Hilali, for joining us today. Following the recent hearings of the Constitutional Bench, there has been considerable attention on the dismissal of the revision petition regarding the appointment of former Chief Justice Qazi Faiz Isa. Can you share your thoughts on the court’s stance?
**Justice Hilali:** Thank you for having me. It is essential to approach such matters with professionalism and respect. The court’s decision to dismiss the petition underscores a commitment to not get personal in judicial proceedings. Justice Qazi Faiz Isa has retired; thus, it’s crucial to allow him, and indeed every individual, to move on with their life without undue scrutiny.
**Editor:** The ruling emphasized a broader issue surrounding baseless litigation, with fines imposed on several petitioners. How does this contribute to the integrity of the judiciary?
**Justice Hilali:** The imposition of fines for baseless petitions serves as a deterrent against frivolous litigation. The court must ensure that its resources are devoted to matters of genuine public interest and legal significance. We want to maintain the judiciary’s integrity and promote responsible use of judicial processes.
**Editor:** In the hearings, there was a mention of environmental pollution measures in the provinces, with a historical perspective since 1993. Why is this issue particularly pressing right now?
**Justice Hilali:** The ongoing environmental crisis is alarming, and it has significant repercussions for future generations. We need tangible, proactive measures from the provinces to tackle pollution effectively. The court’s request for reports from provincial authorities reflects our commitment to ensuring accountability and urging them to prioritize environmental health.
**Editor:** During the proceedings, some judges expressed frustrations about the progress of cases. What do you believe is necessary for effective judicial oversight?
**Justice Hilali:** Continuous engagement with governmental and regulatory agencies is critical. The judiciary can only be effective when the relevant institutions are responsive and accountable. Therefore, we expect timely reports and substantial actions from these agencies to address the problems raised in court.
**Editor:** looking ahead, what do you hope for in terms of legal reforms stemming from these recent discussions?
**Justice Hilali:** I hope for broader discussions within legal circles about the need for reforms, particularly in areas affecting public interest, such as environmental legislation and the judicial processes related to appointments and qualifications. The judiciary must not only interpret the laws but also guide them toward a more equitable and just future.
**Editor:** Thank you, Justice Hilali, for sharing your insights. Your thoughts certainly highlight the importance of judicial responsibility and the need for collaborative efforts in addressing pressing societal issues.
**Justice Hilali:** Thank you for the opportunity. It’s vital to continue these conversations in public forums.
