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 review 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 high-rise buildings to be built there, 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, then 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 review 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 might the Supreme Court’s focus on environmental accountability affect future litigation and public perception of the judiciary?
**Interview with Legal Analyst Sara Khawaja on Recent Supreme Court Developments**
**Host:** Welcome, Sara. It’s great to have you here to discuss the recent rulings of the Supreme Court, particularly regarding the appointment of former Chief Justice Qazi Faiz Isa and the broader environmental concerns raised by the Constitutional Bench.
**Sara Khawaja:** Thank you for having me.
**Host:** Let’s begin with the case involving Qazi Faiz Isa’s appointment as Chief Justice of the Balochistan High Court. Justice Musarat Hilali made quite a statement urging that the discussions shouldn’t become personal. What do you think is the significance of her remarks?
**Sara Khawaja:** Justice Hilali’s comments emphasize the need for professionalism and restraint in legal discourse. By asking to keep personal matters out of judicial proceedings, she is reinforcing the principle that judicial decisions should be based on law and facts rather than personal vendettas. This is particularly relevant when dealing with an individual who has retired, highlighting respect for their service.
**Host:** The Constitutional Bench also dismissed several petitions and imposed fines for baseless litigation. What implications do you think this has for future petitioners?
**Sara Khawaja:** The imposition of fines serves as a warning that the court takes frivolous lawsuits seriously. It reinforces the idea that the judicial system should not be overloaded with baseless claims, which can waste valuable time and resources. This may deter some potential petitioners from filing without substantial grounds.
**Host:** Now, moving on to the environmental pollution issue. The Bench requested reports from provinces about actions taken since 1993. How crucial do you think this inquiry is?
**Sara Khawaja:** This inquiry is vital. Environmental degradation affects public health and quality of life. By holding provinces accountable and demanding action, the Court is pushing for proactive measures rather than reactive statements. Justice Naeem Afghan’s remarks about urban expansion on agricultural lands highlight the urgency of ensuring sustainable development that considers future generations.
**Host:** Justice Muhammad Ali Mazhar raised concerns about the effectiveness of environmental regulations and institution readiness. Do you think there’s a systemic issue at play?
**Sara Khawaja:** Absolutely. The lack of key appointments like the Chairman of the Environmental Change Authority indicates systemic inefficiencies. It suggests that without strong leadership or accountability, regulations may amount to little more than paperwork. Real progress requires both institutional effectiveness and a commitment to enforcing environmental laws.
**Host:** how do you see the outcomes of these cases influencing public perception of the judiciary?
**Sara Khawaja:** I believe these decisions can bolster public trust in the judiciary as they reflect a commitment to upholding the rule of law and addressing pressing social issues. However, they also set a precedent for how cases are handled in the future, especially regarding environmental accountability and the importance of due process in judicial matters.
**Host:** Thank you, Sara, for shedding light on these important issues. Your insights are invaluable as we navigate these complex legal landscapes.
**Sara Khawaja:** Thank you for having me. It’s always a pleasure to discuss crucial matters like these.
